January 25, 2021 Agenda Packet
ERICSWENSON,MAYOR
DEBBIECABRALES,COUNCILORWARD1
C ITY OF W OODBURN
ALICESWANSON,COUNCILORWARDII
ROBERTCARNEY,COUNCILORWARDIII
C ITY C OUNCIL A GENDA
SHARONSCHAUB,COUNCILORWARDIV
MARYBETHCORNWELL,COUNCILORWARDV
J ANUARY 25,2021–7:00 P.M.
BENITOPUENTEJR.,COUNCILORWARDVI
VIAVIDEOCONFERENCING
1.CALL TO ORDER AND FLAG SALUTE
2.ROLL CALL
3.ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
None.
Appointments:
None.
4.COMMUNITY/GOVERNMENT ORGANIZATIONS
None.
5.PROCLAMATIONS/PRESENTATIONS
Proclamations:
None.
Presentations:
A.COVID-19Update
B.Parr Road Municipal Water Supply Well Project
6.COMMUNICATIONS
None.
7.BUSINESS FROM THE PUBLIC–This allows the public to introduce items for Council
consideration not already scheduled on the agenda.
This facility is ADA accessible. If you need special accommodation, please contact the City Recorder at
503-980-6318or Statewide Toll Free Relay (800) 735-1232, at least 48 hours prior to this meeting.
Si usted necesita asistencia especial, comuníquese al 503-980-6322 o a la línea telefónica gratuita, (800)
735-1232, con un mínimo de 48 horas, antes de la reunión.
**Habrá intérpretes disponibles para aquéllas personas que no hablan Inglés, previo acuerdo.
Comuníquese al (503) 980-6322.**
January 25, 2021Council Agenda Page i
8.CONSENT AGENDA–Items listed on the consent agenda are considered routine
and may be adopted by one motion. Any item may be removed for discussion
at the request of a Council member.
A.Woodburn City Council minutes ofJanuary 11, 20211
Recommended Action: Approve the minutes.
B.Acceptance of a Statutory Warranty Deed for Right-of-Way4
Dedication and a Public Utility Easement at 1414 Commerce Way,
Woodburn, OR 97071 (Tax Lot 051W08CB05000)
Recommended Action:Authorize the acceptance of a Right-of-
Way dedication and Public Utility Easement to be grantedby Don
Burlingham Family Corp, owners of the property located at 1414
Commerce Way, Woodburn, OR 97071 (Tax Lot 051W08CB05000).
C.Crime Statistics through December 202014
Recommended Action:Receive the report.
9.TABLED BUSINESS
None.
10.PUBLIC HEARINGS
A.Annexation of Approximately 8.62 Acres of Territory Known as the 19
Ivanov Property at 2145 MolallaRd NE (ANX 2019-01) and Approval of
Related Land Use Applications for Development into the Woodburn
Eastside Apartments
Recommended Action:Conduct a public hearing and make a
motion to tentatively approve the land use applications, directing staff
the next City Council
to submit an ordinance for consideration at
meeting.
11.GENERAL BUSINESS –Members of the public wishing to comment on items of general
business must complete and submit a speaker’s card to the City Recorder prior to
commencing this portion of the Council’s agenda. Comment time may be limited
by Mayoral prerogative.
A.FY 2021/22 Financial Plan156
Recommended Action:Adopt the attached FY 2021/22Financial Plan
(Budget Policies and Fiscal Strategy) via a motion.
12.OTHER BUSINESS
A.City Administrator follow up to discussion on the Goal Setting Process
January 25, 2021Council Agenda Page ii
13.PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS–These are
Planning Commission or Administrative Land Use actions that may be called up
by the City Council.
None.
14.CITY ADMINISTRATOR’S REPORT
15.MAYOR AND COUNCIL REPORTS
16.EXECUTIVE SESSION
None.
17.ADJOURNMENT
COUNCIL GOALS 2019-2021
Thematic Goals
1.Create an inclusive environment where residents participate and are engaged in the community (that is vibrant, safe
and active).
2.Promote an environment that encourages sustainable economic health maximizing our geographic, workforce,
cultural and community assets.
Strategic Goals
3.Create an inclusive environment where Woodburn residents want to participate and are engaged in the community.
4.Develop innovative funding sources to help support the completion of capital improvement projects.
5.Grow and support strategic partnerships for economic health.
6.Explore the development of a non-profit consolidation facility.
7.Improve Communication and Coordination with School District on matters of mutual interest.
8.Completion of the First Street remodel.
9.Completion of Phase 1 & 2 of the Community Center Project including the formation of an ad hoc steering committee
to review and recommend design.
10.Creation of the Dick Jennings Community Leadership Academy.
11.Develop a strategy to limit PERS liability.
12.Establishment of a Woodburn 20 year community-visioning plan.
January 25, 2021Council Agenda Page iii
COUNCIL MEETING MINUTES
JANUARY11, 2021
DATECOUNCILCHAMBERS,CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, JANUARY 11, 2021
CONVENEDThe meeting convened at 7:07 p.m. with Mayor Swenson presiding.
ROLL CALL
Mayor Swenson Present -via video conferencing
Councilor CarneyPresent -via video conferencing
Councilor Cornwell Present -via video conferencing
Councilor SchaubPresent -via video conferencing
Councilor Swanson Present- via video conferencing
Councilor Puente Present -via video conferencing
Councilor Cabrales Present -via video conferencing
Staff Present(via video conferencing):City Administrator Derickson,City Attorney Shields,
Assistant City Administrator Row, Economic Development Director Johnk, Police Chief Ferraris,
Deputy Police Chief Pilcher, Community Development Director Kerr, Public Works Project and
Engineering Director Liljequist, Finance Director Turley,Assistant City Attorney Granum,
Human Resources Director Gregg, Parks and Recreation Manager Cuomo, City Recorder Pierson
ANNOUNCEMENTS
City Hall and the Library will be closed on January 18 for Martin Luther King Jr. Day.
APPOINTMENTS
Mayor Swenson proposed the following reappointments:
Woodburn Budget Committee
Mihei Egoroff (new appointment) – Position 1
Woodburn Planning Commission
Maria Elena Guerra (reappointment) – Position 1
Ellen Bandelow (reappointment) – Position 4
Carney/Cornwell...approve the appointments. The motion passed unanimously.
PRESENTATIONS
COVID-19 Vaccine Status–Parks and Recreation Manager Cuomoand Dr. Antonio Germann
provided information on the COVID-19 Vaccine.
CONSENT AGENDA
A.Woodburn City Council minutes of December 14, 2020,
B.December 29, 2020 Public Hearing minutes on 2020 Community Development Block Grant
from Business Oregon,
C.Intergovernmental Agreement –Participation in Support of an Application for CDBG COVID-
19 Funding for Rental Assistance,
D.Crime Statistics through November 2020,
E.Building Activity for December 2020.
Carney/Cabrales.… adopt the Consent Agenda. The motion passed unanimously.
Page 1 - Council Meeting Minutes, January 11, 2021
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COUNCIL MEETING MINUTES
JANUARY11, 2021
COUNCIL BILL NO. 3141 - RESOLUTION SETTING AMOUNT OF THE PARKS AND
RECREATION SYSTEMS DEVELOPMENT CHARGES UNDER AN EXISTING
METHODOLOGY; ESTABLISHING AN ALTERNATIVE RATE REVIEW FEE; AND
SETTING AN EFFECTIVE DATE FOR IMPOSITION OF THE FEES AND CHARGES
Carney introduced Council Bill No. 3141. City Recorder Pierson read the bill by title only since
there were no objections from the Council. Assistant City Administrator Row provided a staff
report.On roll call vote for final passage, the bill passed unanimously. Mayor Swenson declared
Council Bill No. 3141 duly passed.
AWARD A CONTRACT FOR ENGINEERING SERVICES FOR A WATER SUPPLY
SYSTEM RISK & RESILIENCY ASSESSMENT TO MURRAYSMITH, INC.
Public Works Project and Engineering Director Liljequist provided a staff report.
Carney/Cornwell… award a Contract for engineering services for the Woodburn Water Supply
System Risk & Resiliency Assessment to Murraysmith, Inc. in the amount of $75,007 and
authorize the City Administrator to sign the Agreement. The motion passed unanimously.
OTHER BUSINESS
The Mayor and City Councilors discussedthe reasons they ran forCity Council andthe goals they
have for the City.
CITY ADMINISTRATOR’S REPORT
The City Administrator reported the following:
The Police Chief Recruitment work is ongoing and there will be a need for community
involvement and a significant interview process.
Received questions on open carry of firearmsin Woodburn. Chief Ferraris provided
information on the laws regarding the open carry of firearms in Oregon.
The City is trying out a new service that will allow users to listen to the City Council
meetings in Spanish.
Discussions have begun on summer activities and events such as Fiesta post COVID.
Will be providing a new Councilor Orientation on Thursday.
MAYOR AND COUNCIL REPORTS
Councilor Cornwell wished everyone a Happy New Year and stated that she is glad to be back.
Councilor Puente thanked those who work on the CERT team for their efforts and the gift cards
that were distributed. He also gave a shout out to law enforcementand thanked for their great
work.
Councilor Carney complimented Parks and Recreation Manager Cuomo on his presentation.
Mayor Swenson stated that Thursday is the Planning Commissions third annual discussion on
affordable housing in Woodburn. He also noted that he is working on the State of the City Address
and explained how he sees it working this year.
ADJOURNMENT
Mayor Swenson stated that the next meeting will be January 25.Carney/Schaub…Mayor
Swenson adjourned the meeting at 9:19 p.m.
Page 2 - Council Meeting Minutes, January 11, 2021
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COUNCIL MEETING MINUTES
JANUARY11, 2021
APPROVED
ERIC SWENSON, MAYOR
ATTEST
Heather Pierson,City Recorder
City of Woodburn, Oregon
Page 3 - Council Meeting Minutes, January 11, 2021
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Agenda Item
January25, 2021
TO:Honorable Mayor and City Council through City Administrator
FROM:Eric Liljequist, Public Works Projects & Engineering Director
SUBJECT:Acceptance of a Statutory Warranty Deed for Right-of-Way
Dedication and a Public Utility Easement at 1414 Commerce Way,
Woodburn, OR 97071(Tax Lot051W08CB05000)
RECOMMENDATION:
Authorizethe acceptance ofa Right-of-Way dedication and Public Utility
Easement tobe granted byDon Burlingham Family Corp, owners oftheproperty
located at 1414 Commerce Way, Woodburn, OR 97071 (Tax Lot 051W08CB05000).
:
BACKGROUND
As a condition of approval ofconditional use design review (CU 2020-02Excp
2020-06), the property owner is required to provide a 20-foot wide right-of-way
dedication, and a 5-foot wide Public Utility Easement tocomply with the cross-
sectional street requirements of the Woodburn Transportation System Plan.
DISCUSSION:
The 20-foot wide Right-of-Way dedication is located alongthe western boundary
of the property, adjacent toCommerce Way. The 5-foot wide Public Utility
Easement is located alongboth the western boundary of the property, adjacent
toCommerce Way. The Public Utility Easementdedication provides apermanent
Right-of-Wayand permanent easement to construct, reconstruct, and operate
public and franchised utilities.
FINANCIAL IMPACT:
There is no cost to the City for the Right-of-Way Dedication and Public Utility
Easement.
ATTACHMENTS
Agenda Item Review:City Administrator __x____City Attorney ___x___Finance __x___
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Mayor and City Council
January25, 2021
Page 2
ACopy of the Statutory Warranty Deed andPublic Utility Easement documents
areincluded in Exhibit “A” and Exhibit “B”for each dedication.
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Agenda Item
January25, 2021
TO:Honorable Mayor and City Councilthrough City Administrator
FROM:Chris Kerr, Community Development Director
Colin Cortes, AICP,CNU-A, Senior Planner
SUBJECT:Annexation of Approximately 8.62 Acres of Territory Known as the
Ivanov Property at 2145 Molalla Rd NE(ANX 2019-01)and Approval
of Related Land Use Applications for Development into the
Woodburn Eastside Apartments
:
RECOMMENDATION
Conduct a public hearing and make a motion to tentatively approve the land
use applications, directing staff to submit an ordinance for consideration at the
next City Council meeting.
:
BACKGROUND
The item before the Council is action on annexation application ANX 2019-01 by
Multi/Tech Engineering on behalf of Ivanov ConstructionCo.forproperty at
2145 MolallaRoad NE totaling approximately 8.62 gross acresand located
about halfway between Cooley Road and June Wayalong the north side of the
road.
The territory is eligible for annexation because it is within the City urban growth
boundary (UGB).
Upon annexation, the City would need to designate the property with City
zoning. The ComprehensivePlan land use map designates the territory
Commercial. Per Comprehensive Plan Policy Table 1, thedefault compatible
zoning district is the Commercial General (CG)zoning district, which the
applicant accepts.
Because the applicant proposesalso to develop the subject propertywith 220
apartments, there arealsocorollary development applications:
Conditional Use CU 2019-04:“Multiple-family dwellings” – that is,
apartments – are a “conditional use” in the CG zoning district per WDO
Agenda Item Review:City Administrator ___x___City Attorney ____x__Finance __x___
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Honorable Mayor and City Council
January25, 2021
Page 2
Table 2.03A, header E Residential, row 4.A “conditional” use is called such
because (a) it’s conditional upon discrete approval by the City, and (b) the
City can condition physical or operationalaspects of a proposal; including
on issues particular to the case at hand and above and beyond what WDO
provisions directly address.
Design Review DR 2019-06:This relates to the site plansand the overall
physical site development.
Variance VAR 2020-05: The request is to vary from WDO 3.05.03C by
proposing 39% compact parking, which exceeds the maximum of 20%.
The Planning Commission on October 22, 2020heard and unanimously
recommended approval of the consolidated applications package.The
applicant was the only individual to testify at that hearing. Later, staff received
testimony in advance of the Council hearing. (See Attachment 3of this staff
memo.)
:
DISCUSSION
Annexation is a policy decision by the Counciland is also a land use decision
under Oregon law.
Decision-making criteria for annexation are in Woodburn Development
Ordinance (WDO) 5.04.01C. The attached Planning Commission staff report of
October 22, 2020, particularly its Attachment 102 Analyses & Findings, addresses
thecriteriaand finds them met.
The Council reviews and decides upon the consolidated applications package
for the development projectbecause per WDO 4.01.07, the City reviews a
package at the highest land use review type among the application types.(In
this context, it’s the annexation application type, which is Type IV – aCouncil
decision.)
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Honorable Mayor and City Council
January25, 2021
Page 3
FINANCIAL IMPACT:
Annexing the territory into city limits would subject it to City taxing authority,
including property taxthat generates the largest source of funding for general
fund services such as the library, policing, and parks and recreation.
The City permanent tax rate is $6.0534 per thousand dollars – equal toa millage
rate of 6.0534 mils –as set by Oregon Ballot Measure 50 in 1997-98.The property
had a rural dwelling, now demolished.Thetable below simplifies and grossly
estimates tax revenue,not accounting for increase resulting from development:
AddressTax LotMarion County Gross Estimate of City
Assessed Value (AV)Property Tax(6.0534mils)
2145Molalla051W09B000900$204,050$1,235.20
Rd NE
The estimate neither accounts for how the City might assess property value
differently than Marion County nor excludes the unknown cost of providing
basic utility services to the propertiesthat the City does not already provide.
Crucially, site development would increase both the number of residences and
assessed valuation(AV)while also increasing Cityutility and other service costs.
:
Attachments
1. Planning Commission October 22, 2020Staff Report and select attachments:
101. Marked Tax Map
102. Analyses & Findings(82 pages)
102A. Public Works comments (Oct. 13, 2020)
103. Application materials/ site plans (Sept. 23, 2020; 17 sheets)
104. Transportation System Plan (TSP) Fig. 2 “Functional Roadway
Classification”
105A. OR 211 Corridor Lot Area and Frontage Spreadsheet
105B. Spreadsheet Map
106. Transportation System Plan (TSP) Fig. 6 “Local Street Connectivity Plan”
2. New Attachment 107. Annexation Service Provider Letters (SPLs)
A.City Public Works (June 19, 2019)
B. Woodburn Fire Dist. (June 10, 2019)
C. Woodburn School Dist. (June 14, 2019)
3. Testimony by Sarah Jeske-Smithon behalf of the owner of 2115 MolallaRd, e-
mail Nov. 19, 2020; 2 pages)
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Staff Report
To: Planning Commission
Through: Chris Kerr, AICP, Community Development Director
From: Colin Cortes, AICP, CNU-A, Senior Planner
Meeting Date: October 22, 2020 (Prepared October 15, 2020)
Item: 2145 Molalla Rd NE, Woodburn Eastside Apartments (ANX 2019-01)
Tax Lot(s): 051W09B 000900
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ISSUE BEFORE THE PLANNING COMMISSION ..................................................................... 1
EXECUTIVE SUMMARY .................................................................................................... 2
RECOMMENDATION ....................................................................................................... 5
ACTIONS ..................................................................................................................... 23
ATTACHMENT LIST ....................................................................................................... 23
Issue before the Planning Commission
Annexation ANX 2019-01 (Type IV) with proposed site development DR 2019-06 Woodburn
Eastside Apartments: Commission recommendation to the City Council.
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Executive Summary
Location
The proposal is to annex one tax lot of 8.62 acres addressed as 2145 Molalla Road NE from
Marion County. The rural residential territory is located at northeast city limits along the north
side of Oregon Highway 211 (OR 211), also known as Molalla Road, and slightly closer to Cooley
Road than to June Way.
Design Review
The applicant proposes redevelopment into Woodburn Eastside Apartments, a conventional
new construction apartment complex of 220 apartments across 19 buildings and with a
common building and common area improvements.
Annexation & Zoning Designation
Because the Comprehensive Plan land use map designates the territory Commercial and per
Comprehensive Plan Policy Table 1 the default corresponding zoning district is the Commercial
General (CG) zone, along with an annexation ordinance, the Council would by separate
ordinance designate the annexed territory as CG.
Annexation territory outlined in purple; outline includes
OR 211 right-of-way (ROW) also to be annexed
ANX 2019-01
Staff Report
Page 2 of 23
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Conditional Use
Along with annexation, the applicant/developer applied for a conditional use (CU) for the
apartments themselves.
The Commission might remember that in 2019 the Council adopted Ordinance No. 2573 to no
longer allow apartments as a permitted use in CG and instead to prohibit it in that area of CG
near I-5, continue to permit it in the Gateway Overlay District that is just east of downtown, and
most relevant to the subject proposal to allow it conditionally elsewhere within CG.
A conditional use is called such because (1) discrete approval by the City,
and (2) the City can condition physical or operation aspects of a proposal, including on issues
particular to the case at hand and above and beyond what Woodburn Development Ordinance
(WDO) provisions directly address.
The Proposal
Staff and the developer have worked to produce a good site development by focusing on five
things:
1.Site layout, including common area improvements;
2.Frontage/street improvements including sidewalk and street trees;
3.Off-site bicycle and sidewalk improvements connecting the frontage to the west and
south with existing bicycle and sidewalk infrastructure;
4.Additional off-site improvements or fees in lieu of construction to alleviate traffic
congestion and improve walking, cycling, local and regional bus ridership, and vanpooling;
and
5.Identification and reservation of
The staff analyses and findings (Attachment 102), especially the Conditional Use Provisions
section, provide much more detail, and the recommended conditions of approval secure the
above things.
Variance
The applicant/developer submitted a Variance applicant with one request: to vary from the
compact parking percentage maximum of 20% of parking. The proposal is 39%.
Site Plan
A site plan excerpt follows on the next page, and a larger version is among the attached site
plans (Attachment 103).
Staff finds that the proposal meets applicable Woodburn Development Ordinance (WDO)
provisions per the analyses and findings (Attachment 102).
ANX 2019-01
Staff Report
Page 3 of 23
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Site plan (Sheet SDR8 excerpt); north is up
ANX 2019-01
Staff Report
Page 4 of 23
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Recommendation
Approval: Staff recommends that the Planning Commission consider the staff report and
attachments and recommend to the City Council that it approve the annexation application.
Conditions of Approval
The conditions are copied from towards the end of the analyses and findings (Attachment 102):
General
G1. As part of building permit application, the applicant shall submit revised site plans meeting
the conditions of approval and obtain Planning Division approval through sign-off on permit
issuance.
G2. The applicant or successors and assigns shall develop the property in substantial
conformance with the final plans submitted and approved with these applications, except as
modified by these conditions of approval. Were the applicant to revise plans other than to meet
conditions of approval or meet building code, even if Planning Division staff does not notice and
signs off on building permit issuance, Division staff retains the right to obtain restoration of
improvements as shown on an earlier land use review plan set in service of substantial
conformance.
G3. References: The descriptions below define certain words, phrases, and assumptions in the
context of the conditions of approval:
-site walkway paved at least nine (9) feet wide to serve as a
bicycle/pedestrian path, also known as a multi-use path, to and from sidewalk or to and
from an off-street public bicycle/pedestrian path and that is ADA-compliant and not
gated.
D1 & D2 driveways refer to the two driveways from west (main) to east (secondary).
cluster of four Significant Trees as WDO 1.02 defines in the southeast
front yard.
ANX 2019-01
Staff Report
Page 5 of 23
26
or number of trips using a type, as examples walking, cycling, riding transit, and driving.
means a change in modal share.
Manual on Uniform Traffic Control Devices of the U.S. Department of
Transportation (U.S. DOT) Federal Highway Administration (FHWA).
trative Rules.
-center spacing, such as of trees or shrubs.
Department of Transportation.
11 / Molalla Road.
-site surface parking extending
infrastructure)
depending on context.
.
-of-way.
n access way or walkway crossing of a drive aisle that: is concrete;
with a tabletop that is raised at least four (4) inches above drive aisle grade, at least 9 ft
wide for an access way or 6 ft wide for a walkway, flat, and scored, stamped, or otherwise
treated (such as with bricks or pavers) to have a pattern; and, with the vehicular ramps
striped in compliance with MUTCD Figure 3B-30, Option A, and with minimum and
maximum slope ratios of 1:25 and 1:10 respectively.
standard specifications and drawings.
implements TSP Figure
6 Local Street Connectivity Plan (2019), which through three blue arrows indicates street
extensions into the northeastern area of the UGB east of U.S. 99E and north of OR 211, one
each from U.S. 99E, June Way, and Cooley Road. The conceptual alignment as a street with
72 ft of ROW extends Cooley Road northwesterly towards the
subject property, west across the north end of the subject property, and continuing west
to U.S. 99E. The corridor refers to both the alignment and a public easement that reserves
the segment of the corridor on the subject property while allowing
construction of private surface improvements other than buildings and other than
structures like carports and trash enclosures and their use for an indefinite time.
ANX 2019-01
Staff Report
Page 6 of 23
27
s 3.06B
& C.
s southwest.
Transit Plan Update Approved Final Report dated November 8, 2010.
transportation demand management, which means according to the TSP
a policy tool as well as a general term used to describe any action that removes
single occupant vehicle trips from the roadway du
according to Wikipedia as of October 13, 2020the application of strategies and policies
to reduce travel demand, or to redistribute this demand in space or in time
Woodburn Transportation System Plan (TSP).
called sidewalk except the paved walking
surface is on private property outside of any of ROW or an easement granting public access.
Woodburn Development Ordinance.
or as a specific
condition establishes.
G4. Due dates / public improvements:
a.By application: Unless a condition specifies otherwise, conditions including those relating
to any of final subdivision, final partition, property line adjustment or lot consolidation
recordation are due by building permit application. Prior to both any recordation of any
final subdivision, final partition, or property line adjustment and building permit
application, the applicant shall submit and obtain approval of an Address Assignment
Request.
b.By issuance: Unless a condition specifies otherwise, ROW and easement dedications and
recordation(s), construction of frontage/street improvements, and construction of off-
site, park, and other public improvements are due by building permit issuance. Where
phasing is relevant, building permit issuance means issuance for the phase in which the
conditioned improvement is located.
G5. Recordation due dates: The applicant shall apply to the County for recordations of items
that the City requires no later than six (6) months prior to expiration of the land use approval as
WDO 4.02.04B establishes, and shall complete recordations no later than three years past the
. The due date to complete recordations shall not supersede when
recordations are due relative to the building permit stage.
G-PW. Public Works: Follow the appended Public Works comments (October 13, 2020;
Attachment 102A). If conflict arises between implementation of public works conditions and
referenced standards in that document with implementation of the remaining conditions in this
document, the Assistant City Administrator would arbitrate or mediate based on guidance from
legal counsel, the Director, the Public Works Engineering Director, and the City Engineer.
ANX 2019-01
Staff Report
Page 7 of 23
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Conditional Use 2019-04
CU1. Frontage/street improvements: These shall be:
a.Planter strip: 8 ft wide min, exc. curb dimension.
b.Street trees: 1 per 30 ft of frontage, equaling 10 trees per frontage. For up to no more
than one of the min trees required along the frontage, the developer may pay a fee in-
lieu of $125 per tree. This fee provision is intended to substitute for the applicant
invoking WDO 3.06.03A.3 (Director modification/relocation).
c.Sidewalk: 8 ft wide min, which may overlap the PUE with granting of public access via
either the PUE or separate easement, and with the gap between its east dead-end and
the OR 211 shoulder connected diagonally with pavement.
CU2. Tree preservation:
a.ROW: Street improvements, including both frontage and off-site improvements, shall
preserve any existing alive trees, including through meandering sidewalk.
b.On-site: Development shall preserve the grove.
CU3. Access way & walkways:
a.Access way: It shall be:
(1)Extent: Extend as proposed (via land use review Sheets SDR1, 4, & 5) most of the
subject property depth at least as far north as the south side of the northernmost
east-west drive aisle and follow a route among the common building, grove, and 12
min of the apt buildings.
(2)Decorative paved areas: At least 1,500 sq ft of access way shall be either paved with
any of decorative bricks or pavers or paved with concrete that is scored, stamped, or
otherwise treated to have a pattern. (The intent is for the developer to apply this to
the proposed three circular bulges along the access way and excludes the square
footage of unpaved holes in the doughnut shapes of these areas.)
(3)Speed table: Each crossing of a drive aisle shall be a speed table as a General (G)
definitions condition specifies.
(4)Trees: At each of the landings on the south side, a landscaped island 8 ft wide min
between insides of curbing and extending 14½ ft min, exc. curb dimension. Each
island shall have a tree. Along the length of the access way within 6 ft of the west
edge, 19 trees min.
(5)VCA: Each crossing shall have two small VCAs, one each at the north landing, east
side and the south landing, west side. The VCA triangles shall measure from 6 by 6 ft
from the intersecting edges of access way and drive aisle, and no parking stall shall
overlap VCA.
ANX 2019-01
Staff Report
Page 8 of 23
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b.Walkways: 6 ft wide min, excepting the walkway north of the pool, the walkway
southeast of the trash enclosure, and walkways from any of emergency exit / employee-
only mandoors or a maintenance shed. Exceptions shall be 4 ft wide min. Walkway
crossings of drive aisles shall be zebra-striped. The developer shall install at least 2
crossings not only as striping but also as extensions of poured concrete: the west
crossing of each of the middle and south east-west drive aisles.
CU4. Common area improvements: They shall include:
a.Benches: 12 min, each 6 ft wide min, and 75.0% min with backs. A concrete or masonry
seat wall may substitute for a backless bench for each segment that is 6 ft wide min, 1½
ft high and deep min, and includes a cap of smoother concrete. Place 8 min benches
along the access way preferably near the major deflections, 2 min in or near the grove,
and 1 min at the common building. Benches shall be set back 1½ ft min from edge of
access way or walkway.
b.Picnic benches: 2 min, each square. 1 min ADA-compliant (with one of the four sides
omitting a bench seat) on a paved pad. Place 1 min in the shelter.
c.BBQ: As proposed, a barbeque (BBQ) grill.
d.Patio: As proposed, a patio adjacent to the common building.
e.Shelter: At least one gazebo, pavilion, or shelter with narrowest dimension of 12 ft, 288
sq ft min, ceiling height 10 ft min, and placed near the grove.
f.Path: A bark dust or wood chip path 3 ft wide min shall connect the access way from
near the common building through the grove to the walkway along the east north-south
drive aisle.
Administrative minor adjustment by the Director to common area improvements is permissible.
CU5. Trash enclosure: Shall include a separate pedestrian entrance 3 ft, 4 inches wide min. If
gated, the gate shall be a push gate that either swings into the enclosure or in both directions.
CU6. Balconies and patios: WDO 3.07.05B.1 (area/size and narrowest dimension) shall apply as
min standards, except that for whatever balconies and patios among those proposed exceed
these dimensions, their larger areas/sizes and wider narrowest dimensions shall be the min
standards for those:
a.Patios: 8 ft min narrowest dimension and 96 sq ft min.
b.Balconies: 8 ft min narrowest dimension and 80 sq ft min.
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Parking
CU7. Maximizing available parking for residents:
a.Mail carrier stall: The proposed stall designated for mail carrier parking shall be
available for resident parking on official postal holidays, Sundays, and remaining days
outside the hours of 8 a.m. to 6 p.m. A sign 1½ by 1 ft min shall note the range of hours
when a space is limited to mail carrier parking and specify that it is available for resident
parking outside the specified hours.
b.Visitor parking: If the developer or property management company were to designate
and mark a number of parking spaces as leasing office visitor parking, then the spaces
shall be available for resident parking before and after office hours. A sign 1½ by 1 ft
min shall note the range of hours when a space is limited to visitor parking, for example
10 a.m. to 6 p.m., and specify that it is available for resident parking outside the
specified hours.
Landscaping
CU8. Bark dust: 5.0% max of landscaped area may be bark dust.
CU9. Evergreen: 4 min of trees new to the site. The 4 shall be 1 min of the following
coniferous or evergreen species:
Cedar, Western Red Madrone, Pacific
Douglas-Fir Oak, Oregon White
Fir, Grand Pine, Ponderosa; and
Hemlock, Western Yew, Pacific
CU10. Front yard trees: The front yard shall have a loose row of trees that complements the
row of street trees. 9 min, placed at an approximate average o.c. spacing of 1 per 30 ft of
frontage, and with trees new to the site placed at least 4 ft from edge of sidewalk and 20 ft max
from ROW.
CU11. Overhang / wheel stops:
a.Overhang: In parking aisles along the rear and sides of the subject property, standard
size stalls shall overhang curbing and landscaping by 1 ft min, as WDO Figure 3.05C
allows up to 2 ft max.
b.Wheel stops: Wheel stops anywhere within the site development shall be 4 inches high
max.
CU12. Parking area trees:
a.Each parking aisle shall have between the ends of the aisle at least one landscaped
island that is 6½ ft wide min between insides of curbing and extends 14½ ft min, exc.
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curbing, into aisles with perpendicular or angled stalls and at least 7½ ft, exc. curbing,
into aisles with parallel parking. A drive aisle with parking on both sides has two parking
aisles, and the access way crossing landscaped islands conditioned elsewhere do not
count towards this condition.
b.Each island shall have a tree.
CU13. Screening: Evergreen hedge or shrubbery shall be screen at-grade electrical and
mechanical equipment along their sides, excepting the side intended for technician access.
CU14. Bicycle parking:
a.Amount and distribution on site: The developer shall provide bicycle parking as follows:
(1)Outdoor closets (220): 1 stall min per dwelling in each dwelling in the outdoor closet
of the balcony or patio in which the developer shall install a wall-mounted folding or
retractable hook designed for the hanging of a bicycle;
(2)Outdoors (242): 242 stalls min outdoors, outside of patio and balcony closets. 2
stalls min within 10 to 15 ft of ROW (as guest parking), and 62 min along the access
way;
(3)Stairwells (37 to 74): The developer may meet some of the outdoors min by placing
1 stall min at the base of each building stairwell, with each of these locations having
a bicycle parking sign 1½ by 1 ft min;
(4)Guest: Of the stalls outdoors 2 stalls min within 10 to 15 ft of ROW and along or
near the access way;
(5)Front: 2 stalls min outside each apt building spaced to conform to the 50-foot
distance provision of WDO 3.05.03E as applied through a Design Review (D)
condition and in addition to and more specifically than that condition, also near
the front of each building.
means:
Exhibit Example Building Context
The diagram below represents the exhibit example building context.:
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n/a n/a n/a
n/a Corner Back Corner n/a
Left side Building Right side
Corner Front Corner
Meets* Meets*
Exhibit Example Building Context
*Stalls partially in a left or right Mewould count as if they were fully in such area.
(6)In no case shall the total number of bicycle parking stalls equal fewer than 1.1 per
dwelling, which equals 242 stalls, and in no case shall the min coverage/sheltering
from precipitation of bicycle parking be for fewer than 120 stalls exc. outdoor closet
and stairwell stalls.
b.Bicycle standards: Stalls shall conform to City of Portland Title 33, Chapter 33.266.220C
(amended 2/01/2017, of which staff has a copy), except that the applicant may ignore
subsections C6, C7, & C5c, and that C4b does not apply to the outdoor storage closets
for which the min stall depth from wall instead shall be 4 ft min. Vertical clearance
instead shall be 8 ft min or, where a stall is under stairs, 6 ft min.
c.Cover/shelter: 50.0% min of bicycle parking outdoors shall be covered or sheltered
from the elements. Bicycle parking within patio and balcony closets and building
stairwells do not count towards this requirement.
CU15.
a.Lighting: If proposed, exterior light fixtures shall be full cut-off or fully shielded and
limited in height as follows:
(a)Full cut-off: Exterior lighting fixtures shall be full cut-off or fully shielded models.
(b)Heights: As measured to the underside of a fixture:
a.Wall: Exterior wall-mounted fixtures shall be 8 ft max above walkway finished
grade. (This height limit is not applicable to emergency egress lighting and
permanent wall signs allowed through WDO 3.10 were they to have interior
illumination.)
b.Parking pole: Exterior pole-mounted fixtures within 4 ft of or in parking, loading,
and vehicular circulation areas shall be 14½ ft high max above vehicular finished
grade.
c.Other pole: Remaining exterior pole-mounted fixtures, if any, shall be 10 ft high
max above grade.
(c)Front yard: The common building south elevation is limited to one exterior wall-
mounted fixture, and the first 20 ft of front yard are limited to one pole-mount.
(d)Any on-site permanent signage shall also be subject to (a).
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CU16. Window area: The common building west elevation, which is the building front, shall
have 30.0% min window area and the south elevation, which faces OR 211, 21.5% min, both
through transparent glass.
CU17. Parking management: This shall be as follows:
a.Survey: The applicant or any successor and assigns such as a property manager shall
collect data about off-street parking usage or allocation and provide it to the City to the
attention of the Director.
(1)Reporting period: Collect data by each half of a year January through June and
July through December. Submit each biannual report by the last City business day
in the last month of the next quarter of a year and that is not a federal holiday.
(For example, a report for January through June 2022 would be due by September
30, 2022.)
(2)First report: The first report shall cover whatever irregular length of time would
pass between phase occupancy and the end of the next half of a year ending June
or December.
(3)Attributes: Collect and report on:
(a)Geography: Report numbers divided between Phases 1 & 2 (as defined in
Condition G3).
(b)The number of off-street spaces/stalls that are available and how many, if any,
are closed due to occasional events such as parking area resurfacing,
temporary outdoor events, outdoor storage, or the stationing of large trucks or
truck trailers.
(c)Track stalls and usage by type: regular standard size, regular compact,
accessible/ADA/handicap, EV, and any other type (such as those designated for
visitors, leasing office employees, staff golf cart, or mail carrier).
(d)Collection: The property manager shall do field counts as per condition
counts based on lease agreements, i.e. what tenant households are allocated a
stall or stalls and for what periods, assumed that stalls are occupied as lease
agreements describe.
(e)Usage: Report how many stalls are used and allocated. For vacant apartments
in the context of assumed counts, record stalls associated with vacant
apartments as unallocated.
(f)If and when a parking area resurfacing project were to happen, provide written
notice to the Director of approximate start date and duration, location, and
number of stalls involved.
(g)Format: Use tables to report by phase absolute numbers and percentages of
stall type occupancies. Include phase and sitewide totals.
(4)Field count: The property manager shall do at least two field counts per reporting
period, meaning to travel the project and count in real time occupied and vacant
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stall types such as by marking a project site plan. Each count shall be on Tuesday,
Wednesday, or Thursday that is neither a federal holiday nor within a week (7
days) of a federal holiday. One count shall be daytime starting no earlier than 9:30
a.m. and concluding no later than 4:30 p.m., and one count shall be nighttime
starting no earlier than 10:00 p.m. and concluding no later than 12:30 a.m. Report
when on a given date the counts were done and how long it took, for example,
from 11:30 a.m. to noon.
(5)Bicycle parking: For outdoor bicycle parking stalls, including those within stairwells
but excluding outdoor closets, the property manager shall also do field counts the
same way as per condition subpart (4) above and as part of the larger report
confirm the total number of existing outdoor bicycle stalls.
(6)Parking demand management: The reporting that a parking demand management
condition requires, if it exists, may be incorporated with the parking usage data
collection report.
(7)Context: In each report, cite the project name, phases, street addresses,
master/parent case file number ANX 2019-01 and child case file number CU 2019-
04, and the condition identification(s), state what period the report covers, state
the number of vacant apartments and when and how the number was determined
given fluctuation over six months, and provide an employee name and direct
contact information for questions City staff might have.
(8)Intent: It is not the express intent of this condition to police property
management or punish tenants or management for perceived misuse of parking,
but instead without judgment to collect data on how parking is actually used in a
conventional large apartment complex.
(9)Change of ownership: If and when property ownership were to change, the
property manager shall pass along record of the conditions of approval to the
contract purchaser and successive property manager.
(10)Expiration: This parking usage/allocation data collection condition becomes
optional as of July 1, 2031. If reporting were to cease, the last report for the
January to June 2031 period would be due September 30, 2031.
CU18. Buildings: It shall be:
a.Windows:
(1)Proportion: All windows shall be square or vertically proportioned, except that
horizontally proportioned windows are allowed if they have grilles or muntins
dividing lights or panes so as to be vertically proportioned.
(2)Per room: Within apts, every habitable room abutting a building exterior wall shall
have min one window.
(3)Insect screens: All operable windows shall have insect screens.
b.Scuppers: Any building rainwater scuppers shall not to dump onto the pavement of an
access way or walkway.
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CU19. EV: Electric vehicle parking shall be as follows:
a.Number: Influenced by OAR 918-020- and as
proposed, a minimum of either 9 stalls or 2.0% of minimum required parking
whichever is greater shall be a designated EV stall or stalls and with a Level 2 or higher
charging station or stations, which the landowner may limit to tenant use.
b.Placements: In 3 groups min, and with group distribution of 2 groups min in the south
east-west drive aisle and a group min in the middle east-west drive aisle.
c.Striping: Stripe each stall in lettering 1 ft high min
similar and stencil of an EV image or logo.
d.Signage: Post at each stall a wall-mounted or pole-
Each sign 1½ by 1 ft min with
top of a posted sign between 5½ and 6½ ft high max above vehicular grade.
e.Management/operations: The property manager:
(1)Shall keep EV stalls available for EVs and plug-in hybrid vehicles and keep
conventional gasoline vehicles from parking in them. Priority users shall be
tenants and property management company employees; guests/visitors would be
secondary.
(2)May charge EV stall users for the costs of charging an EV through a charging
station, but shall not (a) charge tenants for either simply parking an EV or plug-in
hybrid vehicle in an EV stall or for leaving such a vehicle parked without actively
charging, and (b) shall charge to recoup costs to the property manager and not
generate profit for the property manager. (This does not preclude the property
manager contracting with a for-profit company to manage EV charging stations).
(3)Shall not charge any fee that discriminates among particular EV parking stalls
based on the perception of some stalls being more convenient or otherwise
desirable than others.
Design Review 2019-06
D1. ROW: To meet WDO Figure 3.01B, as part of recordations and regarding OR 211, the
applicant shall dedicate (a) variable width ROW resulting in half-street ROW that is uniform 50 ft
wide min measured from road centerline, and (b) along the ROW a PUE 10 ft min.
D2. Street corridor: To meet WDO 3.01, as proposed as part of recordations and regarding
Cdeveloper shall dedicate a PUE of 82 ft min width across the north end
of the subject property, and shall revise the draft easement text to contain:
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a.In the body or an Exhibit C, a description that the easement serves to implement
Woodburn Comprehensive Plan Policy H-2.2 and Transportation System Plan (TSP) Figure
6 (2019) by reserving on the subject property a segment of for a future
street that would connect Cooley Road and either or both June Way and U.S. 99E and that
would be ROW of 72 ft width with remainder 5-ft PUEs along the south side or both sides;
and
b.One instance min of the phrase "street reservation and public utility easement" in any of
the title, body, map Exhibit B, or an Exhibit C.
D3. Driveways:
c.Number: To meet WDO 3.04.03B.1 regarding access management, the number of
driveways shall be limited as follows:
(1)D1, 32 ft wide max; and
(2)D2 and its throat being one-way exit-only, 12 ft wide max, and with a do-not-enter
sign that complies with MUTCD Figure 2B-11, sign R5-1 placed at a location within the
ROW or PUE as ODOT directs.
d.Approach / apron / curb cut: Driveways shall conform to PW SS&Ds, Section 4150, unless
overridden by ODOT choosing to apply its standards.
e.Traffic control: To meet WDO 3.05.02J: As proposed, a striped walkway near and to the
trash enclosure shall delineate the edge of the min drive aisle width, the delineated width
being 24 min and 26 max, to discourage over-swing by turning drivers.
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D4. Cross access: To meet WDO 3.04.03B, the developer shall:
a.Extend a drive aisle stub to the property line along each of the following properties:
Tax Lot Address Description
051W09B000700 2155 Molalla Rd NE Ashland Brothers Landscapes, Inc.
051W09B000800 2149 Molalla Rd NE Lin rural residence
051W09B001000 none Carson-Jeske rural residence extra rear
yard
051W08A005200 2045 Molalla Rd NE Undeveloped church property
b.At the interface of a property line and a drive aisle stub, fixed obstructions including
curbing is prohibited. (The developer may instead place signed barricades atop the
pavement.)
c.To meet WDO 3.04.03B.1 & 3, establish a public access easement and private
maintenance agreement to the satisfaction of the Director and revocable only with the
concurrence of the Director.
d.The public access easement shall grant public access to and from Highway 211 via at least
the western driveway if not both driveways.
e.The easement width shall be minimum twenty (20) feet, centered on driveway and drive
aisle centerlines, and span between the driveway(s) and each of the drive aisle stubs.
D5. Parking striping: The developer shall:
a.S
lettering one 1 ft high min.
b.Double striping: To meet WDO 3.05.02K, delineate parking stalls with double parallel lines
pursuant to WDO Figure 3.05C.
D6. Bicycle parking near main entrance: To meet WDO 3.05.03E, prior to building permit final
inspection the applicant shall provide bicycle parking within fifty (50) ft of a main entrance. In
the context of a new construction apartment complex with conventional three-story buildings
with open stairwells, each apartment building has two main entrances as follows:
a.In all apartment buildings except Building U there are four points where a building main
wall plane intersects the walkway serving building ground floor entrances and the
stairwell to upper floor entrances;
b.A Building U there are two such points;
c.Each building has either (a) two walkways with two points each totaling the four or (b)
one walkway with two points total; and so
d.The condition shall apply to three points min for all except Building U, one point min for
Building U, and apply to one point minimum per walkway.
D7. Patios: Visual separation shall conform to WDO 3.07.05B.1a as follows:
a.Pavement: As proposed, patios shall be paved with brick, concrete pavers, or poured
concrete.
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b.Railings/fencing & gate: The outermost edges of patio concrete slabs that do not abut
building walls shall have either metal or wood railings or cedar wood fencing at least 3 ft
high. If the latter, then opacity shall be full, but if fencing is higher than the minimum
height, it shall be no more than 90% opaque, such as by being fully opaque from grade
but from the top having a lattice pattern. The railings or fencing shall have a gated
opening at least 2 ft and 4 inches wide.
c.Height maximum: the railings or fencing maximum height shall be either 5 ft or, where a
patio faces the access way, 3½ ft.
d.Shrubbery: Evergreen shrubbery shall line fully the outermost edges of patio concrete
slabs, except along the gated opening.
Design Review 2019-06: Transportation
Exhibit T Vicinity map
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T-A1. U.S. 99E & OR 211/214:
a.Signal timing: The developer shall pay a mitigation fee or fee in-lieu of $10,000 to fund a
transportation study, specifically a study of signal timing, appropriate mitigation of the
operational (mobility) deficiency and elevated crash rate, and related details in
coordination with ODOT. \[TIA & TSP R14\]
b.Mitigation for Operational and safety deficiencies: this proposal exacerbates existing and
projected mobility/volume-to-capacity deficiencies as well as an existing elevated crash
rate. The applicant shall contribute a proportionate share contribution toward a
mitigation project to alleviate these deficiencies. There are two options for this
mitigation, one from the TSP, the other from ODOT agency commentary (April 6, 2020)
on the TIA:
(1)Add a southbound left-turn lane on Highway 99E and a short-length receiving lane on
Molalla Road; or
(2)Reconfigure the westbound approach at the intersection to provide a dedicated right-
turn lane or pocket that leads to Highway 99E northbound through one of the
following.
c.As this intersection is under ODOT jurisdiction, the agency would need to approve of the
appropriate mitigation project in concert with the City Engineer. The forum for this
decision would be the signal study noted in Condition T-A1(a). The approved mitigation
project shall determine civil engineering details such as channelization, signal
modification(s), length, width, placement relative to centerline, markings, ADA-compliant
sidewalk/pedestrian crossing improvements and street tree preservation.
d.To determine the applicable mitigation fee or fee in-lieu for a proportionate fair share of
the mitigation project, the trip contribution method described above yields an estimated
10.1% contrib
could address the need to determine the estimate cost of the mitigation project, or the
applicant has the option to provide their own estimate based on a study drafted by a
licensed civil engineer, advised upon by ODOT, and agreed to by the City Engineer prior
to building permit application.
e.The developer shall forward a cost estimate with cover letter and contextual documents
to the City Engineer and courtesy copy the Director no later than either (i) 5 City business
days following the date the City Council authorizes the Mayor or Council President to the
, or (ii) the effective date of the ANX 2019-01
annexation ordinance. The City Engineer shall choose (i) or (ii) for the developer and
identify such in writing to the developer and courtesy copy the Director.
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T-BP1. Sidewalk connection / off-site extension: To further TDM through walking, in addition
to the required half-street sidewalk, the developer shall do one of the following:
a.Extend sidewalk at 6 ft width min west to the east leg of the T-intersection of OR 211 &
June Way, approximately 425 ft distance, and at a point aligned with the east leg, the
sidewalk shall turn south and meet the roadway;
b.Install a mid-block crossing from the frontage sidewalk, or from a short west extension of
said sidewalk, south to existing sidewalk along the south side of OR 211, and with the
crossing conforming to PW SS&Ds unless overridden by ODOT choosing to apply its
standards; or
c.A combination of a. and b. whereby the length of the sidewalk per a. would shorten in
relation to how far east of June Way the developer would install a mid-block crossing.
d.If the developer were to opt for b., and were either ODOT or City written or drawn public
works standards not to exist yet be necessary to establish to administer b., then the
developer and City shall default to these improvement elements:
(1)At both ends of the crossing, an ADA-compliant transition between sidewalk and
roadway;
(2)White striping in the form of either two parallel bars or as zebra stripes;
(3)The type, number, and placements of signage compliant with the MUTCD for a mid-
block crosswalk; and
(4)That either ODOT or the City Engineer may require either or both (i) installation of a
street light or lights in addition to those required as part of frontage improvements,
and/or (ii) that the crossing be actuated or semi-actuated. \[TSP Fig. 5\]
T-BP2. Crosswalk installation: To further TDM through walking, the developer shall upgrade
the east leg of the T-intersection of OR 211 & June Way into a marked crosswalk and one that
conforms to PW SS&Ds, unless overridden by ODOT choosing to apply its standards.
a.Either ODOT or the City Engineer may require either or both (1) installation of a street
light at or near the north end of the crossing, and/or (2) that the crossing be actuated or
semi-actuated.
b.Were either ODOT or City written or drawn public works standards not to exist yet be
necessary to establish to administer this condition, then the developer and City shall
default to these improvement elements:
(1)At the north end, an ADA-compliant transition between sidewalk and roadway;
(2)White striping in the form of either two parallel bars or as zebra stripes; and
(3)The type, number, and placements of signage compliant with the MUTCD for a
crosswalk along the leg of an intersection.
c.There shall result a physical change to existing pavement and/or striping serving as an
obvious indication for most pedestrians, cyclists, and drivers.
d.Regarding a Condition T-BP1 for sidewalk connection / off-site extension, were the
developer to opt for its part b. or c., then this Condition T-BP2 would not apply. \[TSP Fig.
5\]
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T-BP3. Bicycle lane off-site extension: To further TDM through cycling, the developer shall do
one of the following:
a.Widen the off-site sidewalk, which a separate condition requires, into a
bicycle/pedestrian path 8 ft wide min;
b.Extend the bicycle lane at 6 ft wide min (per WDO Figure 3.01B) west to the east leg of
the T-intersection of Highway 211 & June Way and to the north end of that crosswalk,
approximately 425 ft distance. The developer shall add roadway pavement to
accommodate both a bicycle lane and either (1) whatever ODOT establishes as road
shoulder min width or (2) a buffered bicycle lane such that the lane is min 2 ft away
from the edge of travel lane, and towards the west where both the shoulder and ROW
narrow, then the developer may taper the buffer to a close; or
c.Pay a fee in-lieu of $113,000.
\[TSP B16\]
T-BP4. Wayfinding: To further TDM, the developer shall do one of the following:
a.Install 2 min devices, such as signage, that provide wayfinding to bicycle routes, multi-
use paths, parks, schools, and other essential destinations. If the developer were to opt
for signage and assuming pole signage, sign face min dimensions shall be 2 ft by 1 ft and
the placements shall be one at or near the junction of the access way and sidewalk and
one at the T-intersection of OR 211 & June Way. (Note: The developer may mimic the
typical wayfinding signage the City approved for the Mill Creek Greenway as Smith
Creek Development \[ANX 2017-05\] adapted from the City of Tualatin, Oregon greenway
trail system signage which it in turn had adapted from the Regional Trails Signage
Guidelines of The Intertwine Alliance, a trails coalition in the Portland metro area.)
b.Pay a fee in-lieu of $3,000. \[TSP B40 /P62\]
T-T1. Bus transit and vanpool fee: To further TDM through bus transit and vanpooling, the
developer shall pay a mitigation fee that is a rate per dwelling of $368.41. \[This condition
relates to TSP projects T1, 2, 4, & 16, TDM1, TSP Fig. F5, and TPU projects 1, 2, 3, 11, 12, 13, 15,
& 20.\]
T-T2. Bus stop bicycle parking: To further TDM through bus transit, the developer shall at each
of the following WTS bus stops provide for bicycle parking to the specs specified by the
Assistant City Administrator or designee by either (1) installing a bicycle rack in a 6 by 4 ft min
concrete pad or (2) paying a fee in-lieu of $510.20:
a.U.S. 99E northbound (Express Stop 2) adjacent to Tax Lot 051W08DB02600 (1400 N.
Pacific Hwy);
b.OR 214 westbound (Stop 17) adjacent to Tax Lot 051W08A005400 (1561 Mt. Hood Ave;
Pacific Plaza strip mall); and
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c.OR 214 eastbound (Stop 13) adjacent to Tax Lot 051W08DB01300 (1540 Mt. Hood Ave;
Bi-Mart, Mega Foods). \[TSP T18\]
T-T3. Bus stop shelters: To further TDM through bus transit, regarding the WTS U.S. 99E
northbound stop that is adjacent to Tax Lot 051W08DB02600 (1400 N. Pacific Hwy) the
developer shall provide for a bus shelter to the specs specified by the Assistant City
Administrator or designee by either (a) installing a shelter or (b) paying a fee in-lieu of $12,000.
\[TPU 9\]
T-TDM1. Car share: Until July 1, 2025, the Director may invoke as a requirement that the
property management team shall contract with a car share company or service, designate and
mark a minimum number of parking spaces which shall be at least one for one or more
shared vehicles for tenant use, and follow program details that the Director establishes as
necessary to implement the requirement.
Variance 2020-05
V1. Compact parking (WDO 3.05.03C):
a.Percentage: The compact parking max as a percentage of the required parking ratio min
shall be 39%; instead of 20% typical) and 100% of any amount in excess of the min
required. At least 20% of the min amount of stalls shall be compact.
b.Striping: The applicant shall stripe ea
1 ft high min.
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Actions
The Planning Commission may instead act on the land use application to:
1.Approve with modified conditions, or
2.Deny, based on WDO criteria or other City provisions.
If the Planning Commission were to act upon the recommendation, staff would proceed to a
City Council hearing, tentatively scheduled for November 9, 2020, with the Commission
recommendation. (Were the Council to approve the consolidated application package, it would
do so by adopting two ordinances, one for annexation and one to confirm application of the CG
zoning district, and authorizing a final decision document for the applications besides the
annexation.)
Attachment List
101. Marked Tax Map
102. Analyses & Findings
102A. Public Works comments (Oct. 13, 2020)
103. Application materials / site plans (Sept. 23, 2020; 17 sheets)
104. Transportation System Plan (TSP) Fig. 2 Functional Roadway Classification
105A. OR 211 Corridor Lot Area and Frontage Spreadsheet
105B. Spreadsheet Map
106.
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Attachment 102
Analyses & Findings
This attachment to the staff report analyzes the application materials and finds through
statements how the application materials relate to and meet applicable provisions such as
criteria, requirements, and standards. They confirm that a given standard is met or if not met,
they call attention to it, suggest a remedy, and have a corresponding recommended condition
of approval. Symbols aid locating and understanding categories of findings:
Symbol Category Indication
Requirement (or guideline) met No action needed
Requirement (or guideline) not met Correction needed
Requirement (or guideline) not applicable No action needed
Requirement (or guideline) met, but might
become unmet because of condition applied to
meet separate and related requirement that is
Revision needed for
not met
clear and consistent
records
Plan sheets and/or narrative inconsistent
Other special circumstance benefitting from
attention
Request to vary
Variance
from requirement
Section references are to the Woodburn Development Ordinance (WDO).
Table of Contents
Location ......................................................................................................................................................... 2
Land Use & Zoning ........................................................................................................................................ 2
Statutory Dates ............................................................................................................................................. 3
Design Review Provisions .............................................................................................................................. 4
Conditional Use Provisions ......................................................................................................................... 45
Variance Provisions ..................................................................................................................................... 55
Annexation Provisions ................................................................................................................................ 57
Recommended Conditions of Approval ...................................................................................................... 62
Applicant Identity ........................................................................................................................................ 79
Notes to the Applicant ................................................................................................................................ 79
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Location
Address(es) 2145 Molalla Rd NE (OR Hwy 211)
Tax Lot(s) 051W09B 000900
Nearest Molalla & Cooley Rds
intersection
Land Use & Zoning
Comprehensive Plan Land Use Designation Commercial
Zoning District Commercial General (CG), upon annexation
Overlay District(s) None
Existing Use(s) Vacant following demolition of rural dwelling
For context, the comprehensive plan land use map designations and zoning are illustrated
below with excerpts from the City geographic information system (GIS) and the zoning is
tabulated further below:
Comprehensive Plan land use map excerpt Zoning map excerpt
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Cardinal Direction Adjacent Zoning
North No City zoning because not annexed
and outside the City urban growth
boundary (UGB); MacLaren youth
state prison
East No City zoning because not yet
annexed; rural development
South No City zoning because not yet
annexed; would be RS; a rural duplex
and a rural house
West Northerly: CG; undeveloped
Southerly: No City zoning because
not yet annexed; would be CG; rural
house and outbuilding
Statutory Dates
Application October 1, 2020
Completeness
120-Day Final January 29, 2021 per Oregon Revised Statutes (ORS) 227.178. (The nearest
Decision Deadline and prior regularly scheduled City Council date is January 11, 2021.)*
*However, the Assistant City Attorney had counseled staff on January 16, 2018 that an annexation
request is not subject to the 120-day deadline for final action per 227.178(8).
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Design Review Provisions
The project name is Woodburn Eastside Apartments.
4.01.07 Consolidated Applications
An applicant may request, in writing, to consolidate applications needed for a single development
project. Under a consolidated review, all applications shall be processed following the procedures
applicable for the highest type decision requested. It is the express policy of the City that
development review not be segmented into discrete parts in a manner that precludes a
comprehensive review of the entire development and its cumulative impacts.
5.03.02 Design Review, Type III
A. Purpose: The purpose of Type III design review is to ensure that new buildings or additions to
existing buildings comply with Land Use and Development Guidelines and Standards of this Ordinance
(Sections 2 and 3).
B. Type III Design Review is required for the following:
1. Non-residential structures in residential zones greater than 1,000 square feet in the RS, R1S,
RM, and P/SP zones.
2. Multi-family dwellings not meeting all architectural design guidelines and standards.
3. Structures greater than 2,000 square feet in the CO, CG, MUV, DDC, and NNC zones.
4. Structures greater than 3,000 square feet in the IP, IL, and SWIR zones.
5. For sites with existing buildings in the CO, CG, MUV, DDC, NNC, IP, IL, and SWIR zones;
expansions or new buildings that increase lot coverage by more 25%.
6. Change of use that results in a greater than 25% increase in required parking.
Because the proposal is for buildings totaling greater than 2,000 square feet (sq ft) in the CG
zoning district, per subsection 3. it requires a Type III Design Review. Additionally, the applicant
submitted the Type IV application type of Annexation, which per 4.01.07 cited above elevates
the consolidated applications package to the highest level required among the individual
application types. The applicant submitted site plans on June 7, 2019 and revised site plans
through September 23, 2020 (within Attachment 103). (Staff hosted a pre-application meeting
on May 1, 2019.)
The requirement is met.
2.03 Commercial Zones
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A. The City of Woodburn is divided into the following commercial zones:
ding for
businesses requiring extensive land intensive outdoor storage and display of merchandise,
equipment, or inventory.
B. Approval Types (Table 2.03A)
1. Accessory Uses (A) are allowed outright, subject to the general standards of this Ordinance.
2. Conditional Uses (CU) may be allowed, subject to the general development standards of this
Ordinance and conditions of Conditional Use approval.
3. Permitted Uses (P) are allowed outright, subject to the general development standards of this
Ordinance.
Uses Allowed in Commercial Zones
Table 2.03A
Use Zone
Accessory Uses (A) Conditional Uses (CU) Permitted Uses CG
(P) Special Permitted Uses (S) Specific Conditional Uses
(SCU)
E Residential
9
4 Multiple-family dwellings CU
9
Except allowed as a permitted use in the Gateway Overlay District and prohibited in the
Interchange Management Area Overlay District (Amended by Ordinance 2573, passed June
24, 2019)
The proposed use matches E.4, which is a conditional use. (The subject property is not in either
overlay district.)
The requirement is met.
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Commercial General (CG) -Site Development Standards
Table 2.03C
Lot Area, Minimum (square feet) No minimum
Lot Width, Minimum (feet) No minimum
Lot Depth, Minimum (feet) No minimum
Street Frontage, Minimum (feet) No minimum
1
Front Setback and Setback Abutting a Street, Minimum (feet) 5
4
Abutting RS, R1S, or RM zone 10
Side or Rear Setback,
4, 5
Minimum (feet)
Abutting CO, CG, DDC, NNC, P/SP, IP, SWIR, or IL zone 0 or 5
Setback to a Private Access Easement, Minimum (feet) 5
2
Lot Coverage, Maximum Not specified
Row house 12
Child care facility, group home, or nursing
12
home
Minimum
Stand-alone 12
Multi-family
dwelling
In mixed use development No minimum
Residential Density
(units per net acre)
Row house 24
Child care facility, group home, or nursing
32
home
Maximum
Stand-alone 32
Multi-family
dwelling
In mixed use development 32
Outside Gateway subarea 70
Primary or
accessory Western Gateway subarea 50
Building Height,
structure
Maximum (feet)
Eastern Gateway subarea 40
Features not used for habitation 100
1.Measured from the Special Setback (Section 3.03.02), if any
2.Lot coverage is limited by setbacks, off-street parking, and landscaping requirements.
3.Only allowed in the Gateway Overlay District
4.A house of worship shall be set back at least 20 feet from a property line abutting a residential
zone or use.
5.A building may be constructed at the property line, or shall be set back at least five feet.
Lot Dimensions
The CG zoning district has no minimum lot size, width, depth, or street frontage or maximum
lot coverage.
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Setbacks
Determining setbacks requires first determining what lot lines are front, sides, and rear as 1.02
defines because these influence the applying of setback minimums:
1.02 Definitions
Lot Line: The property lines forming the exterior boundaries of a lot.
Front Lot Line:
1. In the case of an interior lot, a line separating the lot from the street.
2. In the case of a corner lot, a line separating the lot from the street from the
architectural front of the existing or contemplated primary building.
3. In the case of a flag lot, the lot line which is most nearly parallel to the street that
provides access to the interior lot.
Rear Lot Line:
1. In the case of an irregular, triangular, diamond, or trapezoidal shaped lot which is
narrowest at the rear and has a distance between the side lot lines at the rear of
less than ten feet, the rear line for setback purposes shall be an assumed line
within the lot ten feet in length, parallel to, and at the maximum distance from,
the front lot line; or
2. In any other case, the lot line opposite and most distant from the front lot line.
Side Lot Line: Any lot line, which is not a front or rear lot line.
Based on the definition of front and rear lot lines, south is front, north is rear, and east and
west are sides. The building closest to a property line is the common building (leasing office) at
15 ft from front, that is, the right-of-way (ROW).
Because the application materials include cross access easements, the 5-foot setback is
applicable. Because all are along the centerlines of drive aisles wider than the easements and
with most driveways lined curbing and most with parking stalls, buildings are set back more
than 5 ft.
Density
Both the Comprehensive Plan and WDO 1.02 define density. Because they conflict, per state
law the Comprehensive Plan definition supersedes. It is found as a footnote to Policy Table 1
(p. 7):
rcel excludes land dedicated for public rights-of-way or stormwater
easements, common open space, and unbuildable natural areas. For example, if a parcel has 10
acres, and 2 acres are removed for streets and 2 acres are within the floodplain / riparian area, then
6 net buildable acres would remain. The range of allowable densities is calculated based on net
buildable acres. An acre has 43,560 square feet. Allowable densities may be increased through the
discretionary planned unit development review process.
-
-
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include row houses, where attached single-
The project is also stand-alone, meaning a conventional apartment complex that includes no
other primary uses such as commercial retail and is more suburban in nature than urban.
Therefore, the applicable minimum and maximum densities are 12.0 and 32.0.
Looking to the proposal itself, the proposal involves no environmental constraints such as a
creek, wetlands, or remnant old forest, a stormwater easement, or common open space of the
kind understood in the context of a planned unit development (PUD) managed by an
association that charges maintenance dues, with open space often being in its own platted tract
or tracts. (Staff considers apartment complexes as having open space, but that remains a
subarea of a platted lot under the direct control of a landlord and property manager, and so
open space is not common open space.)
Therefore, obtaining net acreage is as simple as subtracting ROW dedication and none is
proposed or required (as staff later examines for 3.01). The resulting density is:
Acreage Dwelling units (DUs) DUs per acre
8.62 220 25.5
The proposed density is 79.8% into the range between 12.0 and 32.0, meeting the density
provisions.
Height
The sheets illustrating building elevations note that the 19 apartment buildings are at the
height limit
The site development provisions are met.
2.05 Overlay Districts
None would apply upon annexation.
2.06 Accessory Structures
2.06.02Fences and Walls
C. Height in Non-Residential Zones
1.In commercial, industrial, or public zones, the maximum height of a fence or wall located in
a yard abutting a street shall be 6 feet, relative to the ground elevation under the fence or
wall. Fence height may increase to 9 feet once flush with the building face, or 20 feet from
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street right-of-way.
2.Fences and walls may be constructed in the special setback provided the property owner
agrees to removal at such time as street improvements are made.
D. Fence Materials
1.Fences and walls shall be constructed of any materials commonly used in the construction of
fences and walls, such as wood, stone, rock, or brick, or other durable materials.
2.Chain link fences are acceptable as long as the fence is coated and includes slats made of
vinyl, wood or other durable material. Slats may not be required when visibility into
features such as open space, natural areas, parks and similar areas is needed to assure
visual security, or into on-site areas in industrial zones that require visual surveillance.
3. For manufacturing, assembly, fabricating, processing, packing, storage and wholesale and
distribution activities which are the principle use of a building in industrial districts, the
preceding standards apply when visible from, and within 20 feet of, a public street.
2.06.03 Structures
A.Accessory structures attached to a primary building shall be considered as a portion of the
primary building and subject to the same requirements as the primary building.
B.The minimum separation between detached accessory structures and the primary building shall
be six feet.
The site plans propose fencing (and free-standing walls for the recycling and trash enclosure).
Because the subject property is to be commercially instead of residentially zoned, the stair-
stepped maximum heights of fencing and walls are not applicable. The enclosure is at least 6 ft
from a building. Fencing can and will meet standards through a fence permit per 5.01.03.
The provisions are met.
2.07 Special Uses
None apply.
(Note: Staff interprets 2.07.04 Community Club Buildings and Facilities to not apply because a
-alone
clubhouses or in the context of residential subdivisions including those that are part of planned
unit developments \[PUDs\], and that apartment complex so-called clubhouses are not subject to
the special use.)
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3.01 Streets
3.01.02 General Provisions
A. No development shall be approved, or access permit issued, unless the internal streets, boundary
streets and connecting streets are constructed to at least the minimum standards set forth in this
Section, or are required to be so constructed as a condition of approval.
D. The standards of this Section may be modified, subject to approval of an Exception to Street Right-
of-Way and Improvement Requirements.
3.01.04B. All public streets under the jurisdiction of the City of Woodburn shall comply with the cross-
sections depicted in this Section.
3.01.04C. For local residential streets which are not identified in the Comprehensive Plan, rights-of-
way and improvements are determined by the Director at the time of development, based upon the
existing and future estimated average daily trips of the development and surrounding development.
Figure 3.01A Internal, Boundary, and Connecting Streets
The subject property has one frontage: Oregon Highway 211 (OR 211) also named Molalla
Road.
Note: On September 23, 2019, the City Council adopted the 2019 major update of the 2005 TSP
via Legislative Amendment LA 2018-01 as Ordinance No. 2575. Because the proposed site
development depends on the master/parent application for annexation, staff applies adopted
plans and the WDO as they would apply upon an annexation ordinance taking effect including
the TSP 2019 major update.
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Per Transportation System Plan (TSP) Figure 2 Functional Roadway Classification (Attachment
104), OR 211 is a Major Arterial, which is a rise from the 2005 TSP Figure 7-1 per which it was a
Minor Arterial. For a Major Arterial, WDO Figure 3.01B applies:
Figure 3.01B Major Arterial
Frontage/public/street improvements are required to upgrade the frontages to present
standards.
ROW
Because the planned ROW is 100 ft (50 ft -each side of centerline), and the existing
ROW varies from about 103 ft at the east to about 95 ft at the west (53 ft from centerline at the
east and about 45 ft at the east), variable width dedication is required.
Improvements
OR 211 is a rural road with the frontage having shoulder, stormwater ditch, and no curb,
planter strip with street trees, or sidewalk.
Per the conditional use and primarily for aesthetics and to encourage walking and
accommodate the majority of local cyclists who staff observes ride on sidewalk because they
feel safer that way, staff conditions a planter strip and sidewalk slightly wider than usual and
more street trees than usual. Otherwise, the required improvements are the standard ones per
Figure 3.01B including a second westbound travel lane and a bicycle lane.
Long-range Planning
connections into the northeast area
of the urban growth boundary (UGB) that includes the subject property:
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TSP Figure 6
There are three blue arrows, one each from Cooley Road, June Way, and U.S. 99E.
For this and additional reasons examined under conditional use criteria, staff conditions a wide
public utility easement (PUE) serving as a street reservation for what staff terms Street Corridor
ey Road) for something like either a minor arterial or
major collector.
north property boundary, influencing the alignment of a future street extending from Cooley to
either or both U.S. 99E and June Way.
Staff applies conditions relating to ROW, sidewalk, planter strip, street trees, and Street
so that the provisions may be met.
3.02 Utilities & Easements
3.02.01
A. The Director shall require dedication of specific easements for the construction and maintenance of
municipal water, sewerage and storm drainage facilities located on private property.
B. A five-foot wide public utility easement shall be dedicated along each lot line abutting a public
street.
C. As a condition of approval for development, including property line adjustments, partitions,
subdivisions, design reviews, or Planned Unit Developments (PUDs), the Director may require
dedication of public utility easements.
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No roadside public utility easement (PUE) exists, and Figure 3.01B requires a 10-ft one.
Additionally, Public Works requires various on-site PUEs for on-site improvements such as fire
suppression water lines and fire hydrants, and separate conditions establish a PUE as the tool
that begins to
Staff applies a D condition for the required roadside PUE and other conditions for other
PUEs.
3.02.03 Street Lighting A. Public Streets
The appended Public Works comments (October 13, 2020; Attachment 102A) from the City
Engineer identify street lighting as an issue, stating under comment 88. Provide street
lighting plan and design for review to the City and ODOT.
In order to secure conformance to Public Works comments, staff applies Condition G-PW.
3.02.04 Underground Utilities. All permanent utility service to and within a development shall be
underground, except where overhead high-voltage (35,000 volts or more) electric facilities exist.
Because within adjacent ROWs there are no existing electric power line poles to remove
(except a wood pole with a lateral line from across OR 211 to serve a demolished house that
the developer will remove anyway as part of frontage improvements), the provisions are not
applicable.
3.03 Setbacks and Open Space
3.03.02 Special Setbacks
Because as examined earlier above for 3.01, there will be ROW dedication, the Special
Setback which is a setback to accommodate future street widening is not applicable.
3.03.03 Projections into the Setback Abutting a Street
A. Chimneys, flues, bay windows, steps, eaves, gutters, sills, pilasters, lintels, cornices, planter
boxes and other ornamental features may not project more than 24 inches into the setback
abutting a street.
B. Covered, unenclosed porches, extending not more than 10 feet beyond the front walls of the
building, shall maintain at least a 10 foot setback from the property line or Special Setback.
C. A balcony, outside stairway or other unenclosed, unroofed projection may not project more
than 10 feet into a front setback.
D. Arbors, archways, pergolas and trellises shall be exempt from the setback abutting a street.
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3.03.04 Projections into the Side Setback
A. Chimneys, flues, bay windows, steps, eaves, gutters, sills, pilasters, lintels, cornices, planter
boxes and other ornamental features may not project more than 18 inches into a side setback.
3.03.05 Projections into the Rear Setback
A. Chimneys, flues, bay windows, steps, eaves, gutters, sills, pilasters, lintels, cornices, planter
boxes and other ornamental features may project not more than 24 inches into the rear
setback.
B. A balcony, outside stairway or other unenclosed, unroofed projection may not project more
than 10 feet into a rear setback. In no case shall such a projection come closer than 6 feet from
any lot line or Special Setback.
E. No permitted projection into a rear setback shall extend within ten feet of the centerline of an
alley, or of a rear lot line if no alley exists, or within six feet of an accessory structure.
F. Accessory structures are not considered projections into a rear setback, but have separate
setback requirements listed in this Ordinance (Section 2.06).
The site plans illustrate no such projections.
The provisions are met.
3.03.06 Vision Clearance Area; Figures 3.03A & B
The proposal includes the required vision clearance areas (VCAs) at driveways.
The provisions are met.
3.04 Vehicular Access
3.04.02 Drive-Throughs
Because the proposal involves no drive-through, the provisions are not applicable.
3.04.03 Driveway Guidelines and Standards
A. Number of Driveways
1. For residential uses, the maximum number of driveways per lot frontage shall be one. For
purposes of controlling driveway access, every 100 feet of frontage is considered a separate
lot frontage.
2.
b. 100 dwelling units in multiple-family dwellings (200 if all dwelling units are equipped with
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B. Joint Access
1. Lots that access a Major Arterial, Minor Arterial, or Service Collector should be accessed via a
shared driveway.
2. A partition, subdivision, or PUD should be configured so that lots abutting a Major Arterial,
Minor Arterial, or Service Collector have access to a local street. Access to lots with multiple
street frontages should be from the street with the lowest functional classification.
3. Every joint driveway or access between separate lots shall be established by an access
easement and maintenance agreement to the satisfaction of the Director and revocable only
with the concurrence of the Director.
Access Management
Staff exercises the discretion per subsection B.1, to administer conventional access
management. Restricting driveways along OR 211, an arterial class road, and maintaining
looped circulation for fire truck and other vehicle access results in the driveway numbers and
placements as proposed and a D condition memorializes. Additionally, Comprehensive Plan
Policy H-2.5 calls for inter-parcel circulation through crossover easements in this context.
Also, the TSP has access management policies in its AM table.
Lastly, the Highway 99E Corridor Plan (2012) emphasizes and describes access management for
the corridor, which does include properties not directly on U.S. 99E including along both OR 214
and OR 211, which include the subject property.
Joint Driveway / Public Access Easement
The applicant provided a draft public access easement(s) to the benefit of most adjacent tax
lots and to share at least the main driveway if not both driveways. (There are no draft
maintenance agreements proposed because the Director has not invoked this provision, and
surrounding context is undeveloped, with a rural residence, and the rural yard of a landscaping
contractor.)
In order to secure actual and correct dedication of a public cross access easement or
easements that conform to 3.04.03B.3, and to limit driveways to two, staff applies D
conditions.
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Access Requirements
Table 3.04A
5 or More Dwelling or
Living Units, School, or
6
House of Worship
12 minimum
1-way
20 maximum
Paved Width of
24 minimum
Driveway (feet)
30 maximum
3, 4
2-way
provided)
Curb Flare Radius (feet) 25 minimum
Major Arterial,
Minor Arterial, 50 minimum
Throat
Service Collector
5
Length (feet)
Access or Local
20 minimum
Street
Corner
Access or Local
30 minimum
Clearance
Street
(feet)
Service Collector 50 minimum
1
Guidelines
Minor Arterial 245 minimum
(See Figure
Major Arterial 300 minimum
3.04B)
Driveway on the
50 minimum
Driveway
same parcel
Separation
Access or Local
none
Guidelines
Street
1, 2
(feet)
Service Collector 50 minimum
(See Figure
Minor Arterial 245 minimum
3.04B)
Major arterial 300 minimum
Access to a Major
Required
Turnarounds
or Minor Arterial
(See Figure
Access to any Requirements per the
3.04C)
other street Woodburn Fire District
The site plans show the driveways that meet the minimum standards or exceed them where
necessary to meet Oregon Fire Code (OFC) Appendix D.
The minimum standards are otherwise met.
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3.04.03A. Unused driveways shall be closed.
Frontage improvements will eliminate the remnant driveway of the demolished rural
residence.
3.04.03C. Interconnected Parking Facilities.
Because the proposal is a single, integrated site development for one primary use multiple-
family dwelling and not like a commercial strip mall, the provision is not applicable.
3.04.04 Improvement Standards
The site plans illustrate pavement that conforms.
The requirement is met.
3.04.05 Traffic Impact Analysis
A. A Traffic Impact Analysis (TIA) may be required by the Director prior to the approval of a City access
permit when the Director estimates a development proposal may generate either 100 or more
additional, peak hour trips, or 1,000 or more additional daily trips, within ten years of a development
application.
February 19, 2020; p. 5) states under Key
Findings that:
The proposed development would generate 78 (20 in, 58 out) AM peak hour trips and 99 (61 in, 38
standards with the addition of the proposed site, with the exception of N Pacific Hwy (99E) / Molalla
Road (OR 211). This location exceeds the target mobility standard during the PM Peak hour under
the existing, background, and total (with project) analysis scenarios.
The TIA, limiting its conventional analysis to vehicle traffic only, assumed citywide growth in
background vehicle traffic through 2021, specifically 1.4% yearly (p. 12).
The TIA studied three intersections:
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TIA intersection locations map adapted from TIA p. 24 Figure 8 Trip Distribution
1.U.S. 99E & Oregon Highways 211 (Mollala Road) & 214 (Mt. Hood Avenue)
Traffic Volume
This is the one intersection that the traffic modeling predicted to exceed further a
vehicle volume over capacity (v/c) maximum ratio established by ODOT. (A v/c of 1.00
means 100% of capacity used.) The ODOT objective is 0.90 v/c, the intersection is
trafficked more during the PM peak hour with 0.97 v/c (as opposed to the AM peak hour
0.80 v/c), and the site development would raise traffic to 1.00 v/c.
Crashes
The intersection is already signalized. (It has red light cameras the City altered earlier in
2020 to serve also as speed cameras.) The intersection also already suffers from a
higher than usual crash rate with 77 crashes on record in the five years 2014-2018 (TIA
addendum, p. 3). This averages to a crash every 24 days. Among the 77, ODOT rated 3
injury, 32 as no injury and with
property damage only (PDO). Note that because some crashes had two or more of
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Three crashes involved pedestrians, all described by ODOT as driver failure to yield right-
of-way.
Transportation Planning
Looking to the Woodburn Transportation System Plan (TSP; 2019), Table 2, Project R14
(p. 32) contains the description: -turn lane on the southbound
approach, install a second receiving lane on the east leg, and update signal timing in
$900,000.
Agency commentary: ODOT
Agency commentary came only from the Oregon Department of Transportation (ODOT;
April 6, 2020, pp. 1-2), which suggested as a traffic mitigation improvement widening OR
211 to add a right turn lane for those going west and then turning north onto U.S. 99E.
This capital improvement project is not in the City Transportation System Plan (TSP). At
the same time, ODOT made no mention of an east leg receiving lane that TSP R14
mentions. Staff interprets this as ODOT indicating that an improvement to alleviate the
over-capacity issue as well as the elevated crash rate is necessary, which could be either
the TSP Project R14 improvement or the westbound right-turn-lane improvement that
ODOT recently recommended (April 6, 2020). Together, the developer, ODOT, and the
City could scope the signal timing study referenced for TSP Project R14 to determine the
most appropriate mitigation measure for this intersection.
mitigation measure, staff references TIA Figures 9 & 11 that show that the site
development generates trips that turn right, more so during the AM peak hour than the
PM. During the AM, the modeled existing conditions include 95 trips turning right
(before site development), and the site development generating 15 additional trips for
110 right-turns total during the morning rush hour, a 15.8% increase.
Note: The arrow symbols subtly reflect how there is no right-turn lane from west to
north, meaning all vehicles queue together in one through lane to go straight west or
turn right north. This means that a better comparison is to combine through and right-
turn trips. During the AM, the modeled existing conditions include 95 trips turning right
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64
and 240 straight, totaling 335 (before site development), and the site development
generating 15 right and 19 straight additional trips, totaling 34 trips, for 369 total right
turn and straight trips during the morning rush hour, 335 + 34 equaling a 10.1%
increase. Staff applies this 10.1% as what is termed any of fair share, proportionate
share, or proportionate fair share and applies a transportation automotive (T-A)
condition regarding right turn trips that allows for construction, or if constraints prove
too much, what is termed a mitigation fee or fee in-lieu. Because none of ODOT or the
developer have (yet) offered a capital improvement cost estimate for a right-turn lane,
staff looked at the pricing of projects in the TSP roadway projects table. A back-of-the-
envelope verbal estimate by the Public Works Project & Engineering Director on
October 14, 2020 was of $1 million. Staff decided to draft a condition that refers to the
10.1% with the absolute number to which it would apply to be determined by date
specific. (Staff anticipates that developer testimony to the Planning Commission and
subsequent interaction by the developer with staff will give greater definition to the
issue prior to a City Council public hearing.)
As noted above, staff pursues funds for a part of TSP Project R14: studying and updating
signal timing. Signal timing affects what vehicles can move where when, in other words,
allocates right-of-way. Adjusting it might improve traffic, and only a study would
confirm either way. Staff recommends expanding the scope of the signal study to
determine the appropriate operational and safety mitigation measure for this
intersection.
To arrive at a reasonable share of the cost of such a study, the Public Works Project &
Engineering Director as late as May 2020 had indicated for DR 2019-05 Allison Way
Apartments, which the City conditioned to fund a signal timing study at Oregon Highway
214 & Evergreen Road, that $15,000 would be approximately sufficient for such study.
Staff applies the same fee to the similar context for ANX 2019-01 & DR 2019-06
Woodburn Eastside Apartments as a transportation (T) condition specifies.
report advocated and noted was lacking in the TIA, staff applies conditions to manifest
what the term gets at: More access to transit, along with increased walking and cycling,
to reduce driving. Staff perceives the situation that the nearby grocery store, Safeway,
which is one of only two in Woodburn and part of the large commercial blob at U.S. 99E
and OR 211/214 that includes many commercial goods and services including a
Starbucks, can attract people to walk and cycle, at least in place of driving on more
occasions, if they can see and feel a safe route for themselves and their loved ones. A
reasonable walking path from the southwest corner of the subject property to the north
entrance of Safeway is almost 1,600 feet, less than 1/3 mile. The City bus stop second-
nearest the site, which is also nearest Safeway and is on U.S. 99E northbound next to
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1400 N. Pacific Highway, is the most used stop in the entire Woodburn Transportation
System (WTS) but it lacks shelter and bicycle parking, which are priorities per the TSP
and the Transit Plan Update (2010). (The bus stop that is nearest the site is on OR 214
westbound at Pacific Plaza strip mall, but is already sheltered. It does lack bicycle
parking.)
So, TDM means for the proposed site development primarily sidewalk and any of bicycle
lanes and off-street bicycle paths, that is, improvements above and beyond frontage
improvements -.
Staff believes also that conditioning funds to improve transit both regional commuter
bus routes to and from the Portland and Salem metro areas and the City local bus
system could also attract residents to ride the bus, at least in place of driving on more
occasions, if regional bus service came into being and local bus service ran earlier and
later in the day, was faster, and more frequent.
For transit purposes, staff references the TSP Transit Plan section and its table of
projects. The applicant should contribute a proportional share of the costs for start-up
of relevant TSP transit projects as noted below.
For these reasons, staff applies various bicycle/pedestrian (T-B/P) and transit (T-T)
conditions.
2.Oregon Highway 211 at June Way
Because there are no significant effects, and with two crashes on record in the five years
2014-2018 (TIA addendum, p. 3), no mitigation is warranted.
3.Oregon Highway 211 at Cooley Road
Because there are no significant effects, and with no crashes on record in the five years
2014-2018 (TIA addendum, p. 3), no mitigation is warranted.
The City contracted with a transportation consultant (from a company other than the one that
that the neither the TIA nor the
application materials identified or proposed to construct or fund any traffic mitigation
improvements, and it suggested revision of the TIA to include a safety analysis, i.e, an analysis
of vehicle crashes. Upon staff request, the applicant submitted an addendum to the TIA on
October 7, 2020 with a safety analysis, the source of the earlier staff citations of crash data.
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-the-ground
context informed transportation conditions.
Assumptions Regarding Trip Distribution
Per TIA Figure 8 reproduced above and excerpted below, 85% of trips are to and from U.S. 99E
& OR 214, the vast majority likely heading to and from the Portland and Salem metro areas
because OR 214 continues west to the only interchange with I-5 in the Woodburn area (Exit
271) and the fastest driving route to and from Woodburn and both metro areas.
Northwest excerpt of TIA Figure 8
The TIA fails to specify how the 35% trips distributed to OR 214 pass through the I-5
interchange that is, what percent goes towards Portland and Salem respectively and what
percent remains in Woodburn. See (A) below.
It also fails to specify how the 25% trips distributed to U.S. 99E south of OR 211/211 further
distribute that is, what percent continues to Salem and what percent remains in Woodburn.
See (B) below.
DR 2019-05 Comparisons
(A) Based on the DR 2019-05 Allison Way Apartments TIA (May 18, 2020), of the trips that this
site development would generate, traffic modeling distributed 60% to the I-5 interchange,
composed of 50% towards Portland and 10% towards Salem. The modeling distributed a
separate 10% west past the interchange onto OR 219 and into rural Marion County. (The
remainders were 20% to OR 214 east away from the interchange, 5% into central Woodburn
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away from both the interchange and OR 214, and 5% within the vicinity of that site
development.)
Staff applies the same ratios to ANX 2019-01:
Table 1. OR 214 Portland/Salem Trip Distribution Ratios
DR 2019-05 Trip Conversion to Application of Ratios to
Percentages Ratios ANX 2019-01 OR 214
35%
Portland 50% 71.4% x 71.4% = 25.0%
Salem 10% 14.3% x 14.3% = 5.0%
OR 219/Marion 10% 14.3% x 14.3% = 5.0%
County
Total 70% 100.0% n/a
Staff concludes that regarding ANX 2019-01, of the 35% of trips distributed to OR 214, 25%
relate to Portland metro, 5% to Salem metro, and 5% to rural Marion County west of
Woodburn.
(B) Based on the DR 2019-05 TIA, of the trips that this site development would generate, traffic
modeling distributed 5% into central Woodburn away from both the interchange and OR 214.
Because some trips will go into central Woodburn southwest of U.S. 99E & OR 214, and for staff
ease of calculation, staff assumes none of the OR 214 35% stays in Woodburn but in turn
assumes 5% of the U.S 99E south trips will, 5% of U.S. 99E south 25% trips equaling 1.3%.
Staff concludes that regarding ANX 2019-01, of the 25% of trips distributed to U.S. 99E south,
23.7% relate to Salem metro and 1.3% to central Woodburn.
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Based on the conclusions of both (A) & (B), staff derives refined trip distributions as:
Table AB. Refined Trip Distributions
Region Via Subtotals Totals
Portland U.S. 99E north 25.0% 50.0%
OR 214 25.0%
Salem OR 214 5.0% 28.7%
U.S. 99E south 23.7%
Woodburn SW of U.S. 99E south 1.3% 9.3%
U.S. 99E & OR 214
Woodburn SE of June Way, 8.0%
U.S. 99E & OR 214 Cooley Rd
West of town (rural 5.0% 12.0%
Marion County)
East of town (rural 7.0%
Clackamas County)
All n/a 100.0%
Additional Issues: Walking & Cycling
The draft memo from the consultant who advises staff confirmed that the TIA identified no
vehicle trip reduction or transportation demand management (TDM) measures.
In short, under the Conditional Use Provisions section farther below, staff cites Comprehensive
Plan policies that together with the TSP and Transit Plan Update (TPU) projects as described
here in the Design Review Provisions section
subsection advance walking, cycling, and vanpooling. Staff conditions accordingly.
Additional Issues: Bus Transit
Presently, the Woodburn Transit System (WTS) bus loops through east, central, and west
Woodburn, but is yet to reach into the northeastern UGB:
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TSP Figure 7 (2019)
Neither do Salem-Keizer Cherriots nor Canby Area Transit (CAT) serve it.
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Below is an analysis of applicable projects from the Transportation System Plan (TSP) 2019
Table 2. TSP Projects
Project Location Responsible Description Priority Cost
Number Jurisdiction Estimate
T1 Woodburn Woodburn Coordinate with Woodburn Transit to Medium $5,000
Fleet Transit/City deliver service enhancements funded
through the STIF: Purchase of Category B
and C vehicles (1 each) for use in the City's
expanded transit services. (100% funding
level 2020-21)
T2 Woodburn Woodburn Coordinate with Woodburn Transit to Medium $5,000
Fleet Transit/City deliver service enhancements funded
through the STIF:
Purchase a Category B vehicle that will
replace the second oldest full-size vehicle
in the WTS fleet; will be used for the City's
existing local fixed route circulator. (130%
funding level 2021)
T4 Woodburn Woodburn Coordinate with Woodburn Transit to Medium $5,000
Fixed Route Transit/City deliver service enhancements funded
through the STIF:
Modify the existing 60-minute fixed route
loop; add an additional 30-minute route
that will serve high frequency stops on
weekdays (7am-7pm) within the
Woodburn city limits. Total additional
service will be up to 6,192 revenue hours
(FY20-21). (100% funding level 2020-21)
1
T6 Woodburn Woodburn Increase frequency of existing route to 30 Medium
$0
Fixed Route Transit minutes
T16 Woodburn Cherriots/ Coordinate with Cherriots to provide a Medium $5,000
City stop in Woodburn for SMART Route 1X,
providing service to WES station in
Wilsonville and downtown Salem
T18 City-wide Woodburn Evaluate all bus stops to verify static bus Medium $25,000
Transit/ route information signage is visible and
Cherriots accessible and that bike racks are
available at major bus stops
1.Project to be funded by others.
(Note: STIF refers to the ODOT Statewide Transportation Improvement Fund.)
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ines proportionate fair share. First, staff factors and applies refined
trip distribution assumptions from Table AB above. Second, staff factors in that the northeast
UGB can have further development and redevelopment. Attachment 105A is an OR 211
Corridor Lot Area and Frontage Spreadsheet establishing tax lots along the OR
211 corridor and establishes lengths of frontages in feet and lot areas, their percentages of the
corridor as a whole, and the respective percentages of the subject property. Each lot also has
an average of the area and frontage percentages. Attachment 105B maps
the lots.
Staff ignores trip distribution relating to the east of town, rural Clackamas County, and the west
of town, rural Marion County. (Note: As of October 2020, Clackamas County is updating its
Transit Development Plan and as part of that is considering a new bus line from Estacada via
Molalla into Woodburn along OR 211, U.S. 99E, and onto the Woodburn downtown transit
A staff table below provides more method details as applied to TSP projects.
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Table3. TSP&Staff Methods
Project Description TSP Cost Method
Number Estimate
T1 Coordinate with Woodburn Transit to $5,000 Apply 9.3% (from staff Table AB above).
deliver service enhancements funded
through the STIF: Purchase of Category B From the Spreadsheet, which shows that
and C vehicles (1 each) for use in the City's the area percentage of the subject
expanded transit services. (100% funding property equals 16.5%:
level 2020-21)
16.5% of 9.3% equals 1.5%.
$5,000 x 1.5% = $75
Conversion to a rate is: $75 / 220 = $0.34
per dwelling.
T2 Coordinate with Woodburn Transit to $5,000 1.If 130% = $5,000, then 100% =
deliver service enhancements funded $3,846.15.
through the STIF:
Purchase a Category B vehicle that will Apply 9.3%.
replace the second oldest full-size vehicle
in the WTS fleet; will be used for the City's From the Spreadsheet, which shows that
existing local fixed route circulator. (130% the area percentage of the subject
funding level 2021) property equals 16.5%:
16.5% of 9.3% equals 1.5%.
$3,486.15 x 1.5% = $59.02
Conversion to a rate is: $59.02 / 220 =
$0.27 per dwelling
T4 Coordinate with Woodburn Transit to $5,000 Apply 9.3%.
deliver service enhancements funded
through the STIF: From the Spreadsheet, which shows that
Modify the existing 60-minute fixed route the area percentage of the subject
loop; add an additional 30-minute route property equals 16.5%:
that will serve high frequency stops on
weekdays (7am-7pm) within the 16.5% of 9.3% equals 1.5%.
Woodburn city limits. Total additional
service will be up to 6,192 revenue hours $5,000 x 1.5% = $75
(FY20-21). (100% funding level 2020-21)
Conversion to a rate is: $75 / 220 = $0.34
per dwelling
Project Description TSP Cost Method
Number Estimate
1
T6 Increase frequency of existing route to 30 Because the TSP table footnote 1, "Project
$0
minutes to be funded by others" is vague and
unhelpful, staff establishes a method: How
much per household does City general
revenue invest in transit (excluding farebox
recovery and federal and state monies)?
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The fiscal year (FY) 2019-2020 adopted
budget establishes general revenue
investment of $116,000 (p. 83; account no.
The U.S. Census QuickFacts tool reported
that across 2014-2018, Woodburn had
7,910 households (HHs) based on data
updated 12/19/2019.
$116,000 / 7,910 = $14.66 per HH existing.
Assume that doubling frequency of the
existing route from an hour to 30 minutes
would double the general fund investment
per HH existing, so $14.66 x 2 = $29.33.
Establish a mitigation fee or fee in-lieu of
$29.33 per dwelling.
T16 Coordinate with Cherriots to provide a $5,000 Apply (50.0% + 28.7% = 78.7%), because
stop in Woodburn for SMART Route 1X, Project T16 relates to both Portland &
providing service to WES station in Salem metro area trip distributions.
Wilsonville and downtown Salem
From the Spreadsheet, which shows that
the area percentage of the subject
property equals 16.5%:
16.5% of 78.7% equals 13.0%.
$5,000 x 13.0% = $650.00
Conversion to a rate is: $650.00 / 220 =
$2.95 per dwelling.
T18 Evaluate all bus stops to verify static bus $25,000 50 existing bus stops are WTS stops.
route information signage is visible and
accessible and that bike racks are Of these, the Woodburn Memorial Transit
available at major bus stops Center/Facility already has bike racks, and
the DR 2019-05 Allison Way Apts.
developer will install bike parking at Stop
11 (along Harvard Drive behind Walmart)
at a cost of 25,000 by 49 = $510.20.
This leaves 48 stops, and an updated cost
of ($25,000 - $510.20) / 48 = $510.20 per
bus stop.
Second, staff identifies through conditions
two bus stops roughly equidistant from the
ANX 2019-01 site (north and west, or
counterclockwise), and the one closest bus
stop for east or clockwise travel, where no
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bike parking exists. 3 stops x $510.20 =
$1,530.61 total.
Because capital and operational improvements are needed, but beyond bus shelters, further
study is needed to determine what the improvements are. In order to induce more transit
ridership, staff applies Condition T-T specifying how the developer will fund study and/or
construct or pay for transit improvements.
Additional Issues: Safety Study Corridor
and OR 211 & 214 Route OR
211 & 214 as Safety Study Corridors. Staff applied transportation bicycle pedestrian (T-BP)
conditions specifying how the developer will construct or fund improvements that contribute to
safety along and across OR 211.
Additional Issues: Intercity Bus Transit
These trips are within the areas served by the Wilsonville South Metro Area Transit (SMART)
transit agency, TriMet that serves the remainder of the Portland metro area and operates the
Westside Express Service (WES) commuter rail line that has a terminal in Wilsonville and
connects to the Metropolitan Area Express (MAX) light rail Blue and Red Lines at Beaverton
Transit Center, and the Salem metro area Cherriots transit agency.
Having express busses to and from connections with SMART bus, TriMet rail, and Cherriots bus
connections during morning and afternoon commutes would induce subject project residents
to consider seriously riding these express busses, and were there midday service too, even
more so. Additionally, Cherriots contracts with and oversees a vanpool service that serves
Woodburn and both metro areas, Valley VanPool.
2010) per its executive summary (p. ES-1) guides the provision of transit services and facilities in
Woodburn through 2030 and supplements the TSP.
Below is an analysis of applicable projects:
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Table 4. TPU Projects
Header Service Description Annual Capital Needs TPU Objective
Operating Addressed
Cost Impact
11. Provide Peak-Fixed New intercity service $150,000 $300,000 3.4 (Transit
Only Intercity Route offering three morning image), 4.4
Service to Salem and three evening round (Fixed route
and Wilsonville trips between share), 5.2
(pp. 10-12 to 10-Woodburn and (Expanded
13) downtown Salem intercity
(weekday only) service)
New intercity service $130,000 $300,000
offering three morning
and three evening round
trips between
Woodburn and WES
station in Wilsonville
(weekday only)
12. Provide All-Fixed New midday service $130,000 None (assumes 3.4 (Transit
Day Intercity Route operating hourly Strategy 11 image), 4.4
Service to Salem between Woodburn and implemented (Fixed route
and Wilsonville downtown Salem first) share), 5.2
(pp. 10-13 to 10-(weekday only) (Expanded
14) intercity
New midday service $130,000 None (assumes
service)
operating hourly Strategy 11
between Woodburn and implemented
WES station in first)
Wilsonville (weekday
only)
20. Promote \[n/a\] Promotion of existing \[n/a\] \[n/a\] 5.3 Other
Regional rideshare programs to travel options
Carpool/Vanpool meet mobility needs
Program (p. 10-that are not easy or cost
19) effective to meet with
transit.
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Staff applies the same logic as applied to the TSP projects:
Table 5. TPU & Staff Methods
Header Description Annual Operating Capital Needs Method
Cost Impact
11. Provide Peak-Salem $150,000 $300,000 a.Take capital cost of
Only Intercity $300,000.
Service to Salem
and Wilsonville Apply (from staff Table AB
(pp. 10-12 to 10-above) 28.7%.
13)
From the Spreadsheet,
which shows that the area
percentage of the subject
property equals 16.5%:
16.5% of 28.7% equals
4.7%.
$300,000 x 4.7% = $14,100.
b.Take annual operating (O)
cost of $150,000
Apply the same logic as per
a. above.
$150,000 x 4.7% = $7,050.
c.$14,100 (C) + $7,050 (O) =
$21,150 Salem
WES $130,000 $300,000 a.Take capital cost (C) of
station in $300,000.
Wilsonville
Apply (from staff Table AB
above) 50.0%.
From the Spreadsheet,
which shows that the area
percentage of the subject
property equals 16.5%:
16.5% of 50.0% equals
8.3%.
$300,000 x 8.3% = $24,900.
b.Take annual operating cost
(O) of $130,000
Apply the same logic as per
a. above.
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$130,000 x 8.3% = $10,790.
c.$24,900 (C) + $10,790 (O) =
$35,690 Wilsonville
d.$21,150 Salem + $35,690
Wilsonville totals $56,840
The equivalent rate is
$56,840 / 220 = $258.36
per dwelling
12. Provide All-Day Salem $130,000 None (assumes Take annual operating cost (O)
Intercity Service to Strategy 11 of $130,000
Salem and implemented first)
Wilsonville (pp. 10-Apply 28.7%.
13 to 10-14)
From the Spreadsheet, which
shows that the area percentage
of the subject property equals
16.5%:
16.5% of 28.7% equals 4.7%.
$130,000 x 4.7% = $6,110
WES $130,000 None (assumes Take annual operating cost (O)
station in Strategy 11 of $130,000
Wilsonville implemented first)
Apply 50.0%.
From the Spreadsheet, which
shows that the area percentage
of the subject property equals
16.5%:
16.5% of 50.0% equals 8.3%.
$130,000 x 8.3% = $10,790
$6,110 (O Salem) + $10,790 (O
Wilsonville) = $16,900 (O both)
The equivalent rate is $12,480 /
220 = $76.82 per dwelling
20. Promote Valley \[n/a\] \[n/a\] Per the Valley VanPool
Regional VanPool frequently asked questions
Carpool/Vanpool (FAQs) webpage, a vanpool
Program (p. 10-19) (assuming 14 passengers) has a
monthly fare of $90 to $170.
th
The 80 percentile is $154.
Staff assumes 3% vanpooling as
realistic. Assume that studio
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units average 1 commuter, one-
bedroom units average 1.5
commuters and two and three-
bedroom units have 2
commuters. The unit mix is 28
studio, 42 one-bedroom, 132
two-bedroom, and 18 three-
bedroom. The project would
have 391 commuters. 3% = 12
commuters.
(A van can seat 7 to 15
passengers, so 12 commuters
equals a van across the 19
apartment buildings and 220
apartments.)
Staff establishes an amount for
a one-time vanpool grant fund:
$154 monthly fare x 12
commuters = $1,848
Then, x (6 months) = $11,088.
The equivalent rate is $11,088 /
220 = $50.40 per dwelling
As a concluding summary, based on the transportation problems that the TIA documented, the
TSP, and the TPU, City objectives are for the development to contribute a fair share towards the
objectives of:
Initiation and continuation of regional express bus service
Higher frequency service
Bus shelter purchases
Installation of bicycle parking where bus stops lack it
Bus purchase(s)
Increasing waling and cycling safety along and across OR 211, and
Vanpooling.
To address transportation problems, staff applies transportation (T) conditions.
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3.05 Off-Street Parking and Loading
3.05.02 General Provisions
The site plans illustrate that the proposal meets the general provisions, including provision of
wheel shops along head-in parking stalls adjacent to the access ways, i.e. the prime
bicycle/pedestrian wide walkway route to and from sidewalk, and most if not all remaining
walkways. Staff conditions on-site exterior light fixtures to be full cut-off and limit light
encroachment.
3.05.03 Off-Street Parking
3.05.03 Off-Street Parking
A. Number of Required Off-Street Parking Spaces
1. Off-street vehicle parking spaces shall be provided in amounts not less than those set forth in
this Section (Table 3.05A).
2. Off-street vehicle parking spaces shall not exceed two times the amount required in this
Section (Table 3.05A).
B. Accessible parking shall be provided in amounts not less than those set forth in Table 3.05B.
The number of accessible spaces shall be included as part of total required vehicle parking spaces.
C. A maximum of 20 percent of the required vehicle parking spaces may be satisfied by compact
vehicle parking spaces.
D. Off-street vehicle parking spaces and drive aisles shall not be smaller than specified in this
Section (Table 3.05C).
E. All uses that are required to provide 10 or more off-street parking spaces and residential
structures with four or more dwelling or living units shall provide a bicycle rack within 50 feet of the
main building entrance. The number of required rack spaces shall be one space per ten vehicle
F.
2. For multi-family dwellings, one-half of the parking spaces required by this Section (Table
3.05A) shall be in a garage or garages.
Off-Street Parking Ratio Standards
Table 3.05A
Parking Ratio - spaces per activity unit or
1
Use
square feet of gross floor area
RESIDENTIAL
2/ dwelling unit
1. Dwellings, including manufactured homes
1. The Director may authorize parking for any use not specifically listed in this table. The applicant
shall submit an analysis that identifies the parking needs, and a description of how the proposed use
is similar to other uses permitted in the zone. The Director may require additional information, as
needed, to document the parking needs of the proposed use.
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Accessible Parking Ratio Standards
Table 3.05B
Total Spaces Minimum Total Minimum Van
1
Accessible Spaces Accessible Spaces
301 to 400 8 \[0\] 1
501 to 1000 2% of total \[0\] 1 in every 8 accessible
spaces or portion thereof
1001 or more 20 plus 1 for each 100 \[0\]
spaces over 1000
1.Van Accessi Total Accessible Spaces.
The ratio yields (220 dwellings x 2 stalls) = 440 stalls. The site plan (plan sheet SDR4) notes 450
stalls, 10 more than the minimum requirement.
The proposal has compact parking stalls exceeding 20%. The applicant submitted a variance
request.
The proposal triggers subsection E. for bicycle parking, which requires (220 / 10) = 22 bike stalls
minimum; however, staff requested and the applicant opts to propose more as conditioned,
both in the form of outdoor racks and, within each proposed outdoor storage closet which
are accessible from patios and balconies a retractable hook made for wall-mounted stowage
of a bike. A condition specifies details, the main idea being,
means if bicycle parking is plentiful, convenient, and secure, tenants would be more likely to
cycle.
Regarding placement with 50 ft of main entrance per subsection E., based on conversations
with the applicant, staff understands that each stairwell base will have at least one bicycle
parking facility and stall; however, it is not evident on the site plans. For this reason, staff
applies a D condition.
Garages / Carports
Regarding 3.05.03F.2, carports are permissible in lieu of garages. Relevant definitions are:
Carport: A permanent structure consisting of a roof and supports for covering a parking space
which is not completely enclosed.
Garage: A building, or portion of a building, which is completely enclosed and designed for the
Through a past multi-family development project, Woodland Crossing Apartments at 9065
Arney Lane (DR 2017-03), the Community Development Director interpreted that WDO
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3.05.03F.2. allows for carports in lieu of garages. Staff applies the interpretation as the Director
had:
required for even a large multi-family apartment complex that has a parking lot open to the
public, such as this one. There is a distinction in the WDO between carports and garages in
garages are required for single-family and duplex developments under the WDO, there is also an
in depth (see the yellow area in the graphic above). This additional area is required to be on
private property so that the driver of a car is not backing directly into traffic from their garage.
In the case of parking lots which are typical for commercial centers and multi-family parking
areas -
Staff has made an interpretation that the requirement for a garage in the case of multi-family
dwelling units in a parking lot is satisfied with carports. This is a reasonable and practical
interpretation for a variety of aesthetic and most importantly, safety factors. Having individuals
opening garage doors and having cars backing into drive aisles from an enclosed garage would
be dangerous and Staff would not approve it. Staff finds that the application meets the criteria
and will process a clarification of this particular Code language during the next set of
The applicant proposes carports meeting the coverage provision.
Accessible/ADA/Handicap Parking
The proposal provides ADA-compliant stalls that meet or exceed the minimum provision.
Variance: Staff addresses the compact parking percentage maximum request further below
under the Variance Provisions section.
To secure a higher minimum amount of bicycle parking, staff applies a condition.
To meet WDO 3.05.03E that bicycle parking be within 50 feet of the main building entrance.
Staff applies a D c ondition.
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Parking Space and Drive Aisle Dimensions
Table 3.05C
Drive Aisle Width
Stall Curb Stripe Stall to
Parking
(feet)
Type of Space Width Length Length Curb
Angle
(feet) (feet) (feet) (feet)
1-way 2-way
A B C D E F G
Standard or Accessible 9.0 9.0 19.0 19.0 24.0
Compact 7.5 7.5 15.0 15.0 22.0
90° 24.0
Car Accessible Aisle 6.0 6.0 19.0 19.0
24.0
Van Accessible Aisle 8.0 8.0 19.0 19.0
1.A parking space may occupy up to two feet of a landscaped area or walkway. At least four feet
clear width of a walkway must be maintained.
2.Space width is measured from the midpoint of the double stripe.
3.Curb or wheel stops shall be utilized to prevent vehicles from encroaching on abutting
properties or rights-of-way.
4.The access aisle must be located on the passenger side of the parking space, except that two
adjacent parking spaces may share a common access aisle.
5.Where the angle of parking stalls differ across a drive aisle, the greater drive aisle width shall be
provided.
Figure 3.05C - Parking Space Striping
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The applicant proposes all stalls, which are all at 90°, to the drive aisle with dimensions, double-
striping, and curbing that meet or exceed the minimum.
The requirement is met.
3.05.04 Off-Street Loading
B. The off-street loading facilities shall be on the same lot, or site, as the use or structure they are
intended to serve. Required loading spaces and required parking spaces shall be separate and distinct,
except that if authorized through a land use decision, a parking area may be used for loading during
those times when the vehicle parking area is not in use.
Loading Space Requirements
Table 3.05D
Minimum Size of Space (feet)
Minimum Number of
Use and Area (square feet)
Spaces
Width Length Height
Office
0 4,999 0
12 30 14
5,000 41,999 1
42,000 or more 2
Nonresidential uses, except office, in the
CO, CG, and NNC zones
0 9,999 1
12 30 14
10,000 41,999 2
42,000 81,999 3
82,000 or more 4
Because the use is residential, the table is not applicable.
The provisions are not applicable.
3.05.05 Shared Parking
The applicant opted not to exercise this option.
3.06 Landscaping
3.06.02 General Requirements
The landscape plan sheets (L1.1-1.3) illustrate and note that the general provisions are met,
including irrigation and curbing.
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The requirement is met.
3.06.03 Landscaping Standards
A. Street Trees
The applicant proposes street trees that appear to meet the provisions.
To secure a higher minimum amount of street trees, staff applies a CU condition.
B. & Tables 3.06A & B
Planting Requirements
Table 3.06A
Location Planting Density, Minimum Area to be Landscaped, Minimum
Setbacks abutting a street 1 PU/15 square feet Entire setback excluding driveways
Buffer yards 1 PU/20 square feet Entire yard excluding off-street
parking and loading areas abutting a
wall
Other yards 1 PU/50 square feet Entire yard, excluding areas subject to
more intensive landscaping
requirements and off-street parking
and loading areas
Off-street parking and 1 small tree per 10 parking RS, R1S, RSN, RM, RMN, P/SP, CO,
1
spaces; or CG and MUV zones: 20% of the
loading areas
paved surface area for off-street
1 medium tree per 15 parking
parking, loading and circulation
1
spaces; or
DDC, NNC, IP, IL, and SWIR zones:
1 large tree per 25 parking
10% of the paved surface area for
1
spaces
off-street parking, loading and
and
circulation
1 PU/20 square feet
Landscaping shall be within or
2
excluding required trees
immediately adjacent to paved
areas
Common areas, except 3 PU/50 square feet Entire common area
those approved as natural
common areas in a PUD
1.Trees shall be located within off-street parking facilities, in proportion to the distribution of the
parking spaces.
2.Required landscaping within a setback abutting a street or an interior lot line that is within 20 feet
of parking, loading and circulation facilities may also be counted in calculating landscaping for off-
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Planting Requirements
Table 3.06A
Location Planting Density, Minimum Area to be Landscaped, Minimum
street parking, loading and circulation areas.
The landscape plans illustrate meeting or exceeding the minimum planting densities,
landscaped areas, and trees for the yard types and vehicular areas.
The requirement is met.
Plant Unit (PU) Value
Table 3.06B
Material Plant Unit (PU) Value Minimum Size
1
1.Significant tree 15 PU each
2.Large tree (60-120 feet high at 10 PU each
1
maturity)
3.Medium tree (40-60 feet high at 8 PU each
1
maturity
1
4.Small tree (18-40 feet high at maturity) 4 PU each
5.2 PU each 3 gallon or balled
1
6.Small to medium shrub (at maturity 1 PU each 1 gallon
1
1
7.Lawn or other living ground cover
1 PU / 50 square feet
2
1 PU / 20 lineal feet Minimum 2 feet high
8.Berm
2
1 PU / 20 lineal feet 2½ - 4 feet high
9.Ornamental fence
2
1 PU each Minimum 2 feet high
10.Boulder
11.Sundial, obelisk, gnomon, or gazing ball
2 PU each Minimum 3 feet high
2
2
3 PU each Minimum 3 feet high
12.Fountain
2
0.5 PU / lineal foot
13.Bench or chair
Minimum 1 foot high,
14.Raised planting bed constructed of
0.5 PU / lineal foot of
minimum 1 foot wide in
brick, stone or similar material except
greatest dimension
2
CMU
least interior dimension
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Plant Unit (PU) Value
Table 3.06B
Material Plant Unit (PU) Value Minimum Size
15.Water feature incorporating
2 per 50 square feet None
2
stormwater detention
1.Existing vegetation that is retained has the same plant unit value as planted vegetation.
2.No more than twenty percent (20%) of the required plant units may be satisfied by items in
lines 8 through 15.
The landscape plans illustrate meeting or exceeding the minimum plant unit (PU) standards.
The requirement is met.
3.06.05Screening & Table 3.06D
A. Screening between zones and uses shall comply with Table 3.06D.
Architectural Wall
Because all lots adjacent to the subject property are unincorporated, except for two, they
have no City zoning. Regarding the other two, 051W08A004800 & 5100, they are zoned CG, the
same zoning as would apply to the subject property following annexation. Therefore, staff
interprets that Table 3.06D is not applicable to the site perimeter and so no Architectural Wall
is required at the site rear or sides.
Architectural Wall: Recycling and Trash Enclosures
Such enclosures are required per Ta
an enclosure.
3.06.05B.
All parking areas, except those for single-family and duplex dwellings, abutting a street shall provide a
42-inch vertical visual screen from the abutting street grade. Acceptable design techniques to provide
the screening include plant materials, berms, architectural walls, and depressed grade for the parking
area. All screening shall comply with the clear vision standards of this ordinance (Section 3.03.06).
Because there is no parking closer to OR 211 than the closest building the common
building the provision is not applicable.
3.06.06Architectural Walls
B. Design Standards and Guidelines
Architectural Wall: Recycling and Trash Enclosures
The enclosure meets the standards as a plan sheet illustrates.
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C. Retaining walls should/shall meet the texture and color requirements of architectural walls in or
abutting residential districts, where the texture and color requirements apply to the visible face of the
retaining wall.
1.02
Abutting: Touching on the edge or on the line, including at a corner. It shall include the terms
adjacent, adjoining and contiguous.
Adjacent: Near, close or bordering but not necessarily contiguous with; adjoining but separated by a
right-of-way.
Because the proposal includes no retaining walls, the provisions are not applicable.
3.06.07Significant Trees on Private Property
Because the subject property contains 4 Significant Trees in the southeast front yard, staff
conditions their preservation.
3.07 Architectural Design
3.07.06 Standards for Non-Residential Structures in Residential, Commercial and Public/Semi Public
Zones
A. The following design guidelines shall be applicable to all non-residential structures and buildings in
the RS, RSN, R1S, RM, RMN, CO, CG, and P/SP zones.
B. Architectural Design Guidelines
1. Mass and Bulk Articulation Guidelines
a. Building facades visible from streets and public parking areas should be articulated, in order
to avoid the appearance of box-like structures with unbroken wall surfaces.
b. The appearance of exterior walls should be enhanced by incorporating three-dimensional
design features, including the following:
(1) Public doorways or passage ways through the building
(2) Wall offsets or projections
(3) Variation in building materials or textures
(4) Arcades, awnings, canopies or porches
2. Materials and Texture Guidelines
a. Building exteriors should exhibit finishes and textures that reduce the visual monotony of
bulky structures and large structural spaces. Building exteriors should enhance visual interest
of wall surfaces and harmonize with the structural design.
b. The appearance of exterior surfaces should be enhanced by incorporating the following:
(1) At least 30% of the wall surface abutting a street should be glass.
(2) All walls visible from a street or public parking area should be surfaced with wood, brick,
stone, designer block, or stucco, or with siding that has the appearance of wood lap siding.
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(3) The use of plain concrete, plain concrete block, corrugated metal, plywood, T-111 and
sheet composite siding as exterior finish materials for walls visible from a street or parking
area should be avoided.
(4) The color of at least 90 percent of the wall, roof and awning surface visible from a street
-ny similar bright color shall not be used on the building
exterior.
3. Multi-Planed Roof Guidelines
a. The roof line at the top of a structure should establish a distinctive top to the building.
b. The roof line should not be flat or hold the same roof line over extended distances. Rather,
the roof line should incorporate variations, such as:
(1) Offsets or jogs in the plane of the roof;
(2) Changes in the height of the exterior wall for flat roof buildings, including parapet walls
with variations in elevation or cornices
4. Roof-Mounted Equipment Guidelines
All roof-mounted equipment, except solar collectors, should be screened from view by:
a. Locating roof-mounted equipment below the highest vertical element of the building, or
b. Screening roof-mounted e
basic materials
5. Weather Protection Guidelines
All building faces abutting a street or a public parking area should provide weather protection for
pedestrians. Features to provide this protection should include:
a. A continuous walkway at least eight feet wide along the face of the building utilizing a roof
overhang, arcade, awnings or canopies
b. Awnings and canopies that incorporate the following design features:
(1) Angled or curved surfaces facing a street or parking area
(2) A covering of fabric, or matte finish vinyl
(3) A constant color and pattern scheme for all buildings within the same development
(4) No internal back lighting
6. Solar Access Protection
Obstruction of existing solar collectors on abutting properties by site development should be
minimized.
C. Building Location Guidelines
1. Within the prescribed setbacks, building location and orientation should compliment abutting
uses and development patterns.
2. The maximum yard abutting a street should be 150 feet.
The site plans and building elevations show largely what the guidelines describe.
The provisions are met.
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Conditional Use Provisions
The conditional use per WDO Table 2.03A, header E Residential, row 4 is multiple-family
dwellings, specifically the proposed Woodburn Eastside Apartments. (Table footnote 9 about
the Gateway and Interchange Management Area Overlay Districts is not applicable to the
subject property.)
Conditional Use Criteria
5.03.01 Conditional Use
B. Criteria:
1. The proposed use shall be permitted as a conditional use within the zoning district.
2. The proposed use shall comply with the development standards of the zoning district.
3. The proposed use shall be compatible with the surrounding properties.
Relevant factors to be considered in determining whether the proposed use is compatible include:
a. The suitability of the size, shape, location and topography of the site for the proposed use;
b. The capacity of public water, sewerage, drainage, street and pedestrian facilities serving the
proposed use;
c. The impact of the proposed use on the quality of the living environment:
1) Noise;
2) Illumination;
3) Hours of operation;
4) Air quality;
5) Aesthetics; and
6) Vehicular traffic.
d. The conformance of the proposed use with applicable Comprehensive Plan policies; and
e. The suitability of proposed conditions of approval to ensure compatibility of the proposed use
with other uses in the vicinity.
CU criteria and factors executive summary
1.The proposed use of multiple-family dwellings is permitted as a conditional use within
the CG zoning district.
2.The proposed use does comply with the development standards both as proposed and
through conditions of approval.
3.The prop
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a.The subject property, a parcel of 8.62 acres that is orthogonal, roughly rectangular,
and flat, is sized, shaped, and topographically suited for a conventional new
construction apartment complex.
It is located within the Woodburn urban growth boundary (UGB) along a public
right-of-way, a road improved to a rural state. The Comprehensive Plan land use
map designates the northeastern corner of the UGB, the whole area east of U.S. 99E
and north of OR 211, as Commercial. Most land within city limits that is zoned
commercial is specifically Commercial General (CG), and most of it is along two
corridors: I-5 and U.S. 99E, with bulges near the interchange of I-5 and OR 214 and
the intersection of U.S. 99E and OR 214. Much of this land remains undeveloped or
underdeveloped, and this is particularly so in the northeastern UGB. This appears to
signal a lack of sufficient market demand, while the proposal coupled with recent
applications to the City for at least three other apartment projects that are all on CG-
zoned land (DR 2019-03 Pacific Valley Apartments at 1310 N. Pacific Highway, DR
2019-05 Allison Way Apartments at Stacy Allison Way and Hooper Street, and CU
2020-01 Templeton Apartments at 1430 E. Cleveland Street) indicate stronger
demand for multiple-family dwellings. In short, the subject property has public
access, sat and sits idle, helps to meet City multiple-family housing need, and is
located near the intersection of U.S. 99E and Highways 211 & 214, bringing multiple-
family housing and commercial services in close proximity.
b.The capacity of public water, sewerage, drainage, street and pedestrian facilities
serving the proposed use for any given facility is either sufficient or will be after the
developer upgrades either as conditioned or as the Public Works Department directs
at the permit stage. -3) states:
ter, sewer and
storm drainage facilities necessary to serve the site. Internal development of public and
private facilities necessary to serve the development will occur at the building permit
review stage. Applicable state or federal permits are required to be obtained for
c.Regarding the impact of the proposed use on the quality of the living environment:
1)Noise:
None from the site development; but, to protect residents from the noise of
what will remain more a highway than a street, staff conditions more street
trees than usual in a planter strip wider than usual, and additional buffer space is
provided through the preserved Significant Tree grove that the developer is
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conditioned to preserve, the grove being in the southeast front yard. The
clubhouse being in the central front yard as the building closest to OR 211 also
helps to buffer the apartment buildings.
2)Illumination:
ixtures to be full cut-
off or fully shielded (from being seen above a horizontal plane at the fixture) and
to limit their mounting heights.
3)Hours of operation:
Because the proposal is an apartment complex, and so there are no commercial,
industrial, or institutional uses, there are no hours of operation to regulate
compelling reason to do
so.
4)Air quality:
Staff applies conditions for on-site electric vehicle (EV) parking and charging,
additional trees both in the planter strip and on-site, lots of bicycle parking, an
on-site bicycle pedestrian path, a wider sidewalk as a public bicycle pedestrian
path, and extension west of sidewalk to a point where a crossing of OR 211 can
reach existing City sidewalk. EVs directly help air quality, and the remaining
conditions serve as transportation demand management (TDM) by inducing
residents to drive less often, especially for nearby destinations in the commercial
area around the intersection of U.S. 99E & OR 211, and with fewer driving trips
comes better air quality. For very local air quality, staff conditions that all
operable windows have insect screens, so that residents feel free to open
windows, be it to drive out stagnant or humid air or bring in fresh air, without
also bringing in pests like fruit flies, flies, and stinging insects.
5)Aesthetics:
Staff applies conditions for aesthetics mostly at the site plan scale (instead of the
building scale), mostly to bring buildings and common area closer together and
to place surface parking away and along the site perimeter. Staff also conditions
the common building to have lots of windows facing OR 211 and on the façade
with the main entrance, and for buildings generally to have a window at every
typical room next to an outside wall. The common building and 19 apartment
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defined and surrounded by drive aisles and driveways. This, with the
conditioned on-site bicycle pedestrian path serving as the central spine of the
site plan, helps residents find their way within the complex. Staff conditions
more street trees than usual in a planter strip wider than usual. A condition sets
as standard the larger patios and balconies the site plans propose above and
beyond the WDO and interprets an unclear WDO provision about how to
delineate a patio space from common open space by requiring shrubbery with
either fence or railings and either of those having simple gates.
6)Vehicular traffic.
Staff applies conditions relating to:
Mitigating the effect of additional vehicle trips generated by the site
development through any of off-site improvements, transportation
study, and/or fees in-lieu;
Inducing more walking, cycling, bus ridership, and vanpooling instead of
driving, including through off-site improvements, mitigation fees to
improve regional and local bus transit, lots of bike parking and a
bicycle/pedestrian path on-site, and vanpooling funds;
Surveying on-site parking usage for staff to better understand how
parking is used in conventional new construction apartment complexes;
Granting the Community Development Director authority to require the
property manager to implement a car share service with one or two
dedicated parking spaces on site; and
Limiting driveways to two and reducing conflict points among turns into
and out of OR 211 traffic by limiting the east driveway (D2) to one-way
outbound only.
d.Regarding the conformance of the proposed use with applicable Comprehensive
Plan policies, staff addresses this factor through both
six subfactors 1) through 6) and this factor d.:
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Policy Page No. What Related Conditions Address
D-1.3 14 Creative design, sufficient landscaped area and open space, and
residential higher density near jobs, shopping and potential
transit services specifically requiring perimeter parking
overhangs to shrink pavement, more and greater variety of
trees, tree preservation, an on-site bicycle/pedestrian path, a
wide sidewalk as a public bicycle/pedestrian path, and a wide
planter strip with more than usual street trees.
D-1.5 14 Creative design, slow moving traffic, and landscaping and tree
planting to enhance the livability and aesthetics of the
neighborhood specifically on-site bicycle/pedestrian path
speed tables and markings of drive aisle crossings.
G-1.1 27 Expansion areas of the City are served by public facilities and
services with adequate capacity. Consideration of proposals that
vary from City capacity standards and facility master plans shall
include mitigating measures determined to be appropriate the
Public Works Department specifically to improve surface and
subsurface improvements and allow walkers and cyclists to span
the distance from improved frontage across OR 211 to existing
sidewalk and improved City street network.
G-1.3 28 Provide an interconnected street system to improve the
efficiency of movement by providing direct linkages between
origins and destinations specifically to provide in the northeast
UGB area north of OR 211 and east of U.S. 99E a future street
that would connect Cooley Road and either or both June Way
and U.S. 99E and that would be ROW sufficient for a minor
arterial or major collector.
For the subject property, reservation of a segment of Street
both G-1.3 and Transportation
System Plan (TSP) Figure 6 (2019; Attachment 106) and
influences the overall alignment of a street.
G-2.3 33 Use annexation to guide shape and pattern of development
specifically raise urban design quality of on-site development
above and beyond the WDO through the CU application type and
get better than usual frontage improvements as well as link the
subject property to the nearest City improvements with surface
and subsurface improvements to allow walkers and cyclists to
span the distance from improved frontage across OR 211 to
existing sidewalk and improved City street network.
H-1.1 33 Develop an expanded intracity bus transit system that provides
added service and route coverage to improve the mobility and
accessibility of the transportation disadvantaged and to attract
traditional auto users to use the system specifically by
conditioning construction and/or fees to improve regional and
local bus service and local bus shelters and bicycle parking.
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Policy Page No. What Related Conditions Address
H-1.2 33 Encourage alternative travel options between Woodburn,
Portland and Salem by implementing a carpool/vanpool parking
program and coordinating WTS with other regional service
provided by Cherriots Regional and Canby Area Transit
specifically by conditioning fees to improve regional and local
bus service (per the TSP and the Transit Update Plan of 2010)
and to fund a time-limited vanpool subsidy for a modest
percentage of future households within the development.
H-1.3 34 Develop a low stress network of bicycle lanes and routes that
link major activity centers such as residential neighborhoods,
schools, parks, commercial areas and employment centers.
Identify off-street facilities in City greenway and park areas.
Ensure all new or improved collector and arterial streets are
constructed with bicycle lanes specifically conditioning lots of
on-site bike parking, duly requiring frontage improvements, and
also conditioning a wide sidewalk as a public bicycle/pedestrian
path, a wide planter strip with more than usual street trees, and
off-site extensions of bike lane and sidewalk to connect the
frontage along and across OR 211 to existing City street and
sidewalk.
H-1.4 34 Develop a comprehensive network of sidewalks and off-street
pathways. Identify key connections to improve pedestrian
mobility within neighborhoods and link residential areas to
schools, parks, places of employment and commercial areas.
Ensure all new collector and arterial streets are constructed with
sidewalks. Specifically, to do so by conditioning lots of on-site
bike parking, duly requiring frontage improvements, and also
conditioning a wide sidewalk as a public bicycle/pedestrian path,
a wide planter strip with more than usual street trees, and off-
site extensions of bike lane and sidewalk to connect the frontage
along and across OR 211 to existing City street and sidewalk.
These are all to raise the attractiveness, ease, safety, and
perception of safety of cycling.
H-1.5 34 Maintain adequate intersection and roadway capacity on the key
east-west and norths south arterials, in this case U.S. 99E and OR
211, both by conditioning construction and/or fees for
automotive improvements but also by implementing Street
-1.3 and by requiring
improvements that induce more walking, cycling, and bus
ridership to and from the site development.
H-2.2 34 Maintain and enhance new east-west and north-south
collector/minor arterial streets within the City to relieve traffic
demands on OR 214 & 211 and U.S. 99E specifically by
G-1.3.
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Policy Page No. What Related Conditions Address
H-2.3 34 Encourage multi-model transportation options, including park-
and-ride facilities, carpooling, and use of transit services
specifically by conditioning lots of bike parking on site, allowance
for the Community Development Director to require that he
property manager have a car share service this having a basis
also in TSP Projects TDM 1, 2, & 3 and construction and/or fees
to improve walking, cycling, bus ridership, and vanpooling.
H-2.5 34 Provide inter-parcel circulation through crossover easements
specifically by conditioning accordingly.
H-3.1 35 Continue coordination with ODOT to improve safety on state
facilities within the City and citywide access management
strategies specifically by conditioning to allow for fees in lieu of
construction, more than one way to construct an improvement,
and for ODOT and/or the City Engineer to make decisions for the
developer about which way to construct an improvement and
how.
H-3.2 35 Implement strategies to address pedestrian and bicycle safety
issues, specifically for travel to and from local schools,
commercial areas, and major activity centers specifically by as
examined above for Policies D-1.3, G-1.1, G-2.3, H-1.3, H-1.4, &
H-2.3.
H-5.1 35 Implement, where appropriate, a range of potential
Transportation Demand Management (TDM) strategies that can
be used to improve the efficiency of the transportation system
by shifting single-occupant vehicle trips to other models and
reducing automobile reliance at times of peak traffic volumes
specifically as examined above for Policies D-1.3, D-1.5, G-1.1, H-
1.1, H-1.2, H-1.3, H-1.4, & H-2.3.
M-1.2 49 The City shall increase its commitment to energy conservation,
including alternative energy vehicles, increased recycling, and
reduction in out-of-direction travel specifically conditioning the
development to have a number of electric vehicle (EV) parking
stalls with charging stations.
Comprehensive Plan Policies G-1.3 and H-2.2:
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TSP Figure 6
As examined under the Design Review Provisions section for 3.01, TSP Figure 6 calls
for street connections among U.S. 99E and OR 211 at Cooley Road and June Way.
produced for Pre-App PRE 2019-01 that was February 13, 2019
(Note: Ignore the scale indication within the image.)
The superblock exhibit shows that looking beyond the UGB, the subject property is
part of a gigantic superblock through which there are no streets or rural roads such
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that the only alternative to passing along U.S. 99E and OR 211 through their
intersection is a 10.4-mile detour.
Regional street network exhibit staff produced for Pre-App PRE 2019-01 that was February 13, 2019;
(Note: Ignore the scale indication within the image.)
The exhibit shows all lots in the northeast UGB must access either U.S. 99E or OR
211.
Northeast UGB street concept staff produced for Pre-App PRE 2019-01 that was February 13, 2019;
(Note: Ignore the scale indication within the image.)
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In the exhibit, solid purple is the segment on the subject property of what staff later
three blue arrows that TSP Figure 6 shows, solid yellow line indicates provision on
public cross access easements on the subject property (except that the thinner
north-south yellow line most to the east actually is the UGB), and dashed yellow line
indicates public cross access easements on more lots along OR 211. (Background
colored lines represent subsurface utilities and bluish-gray polygons are building
footprints.)
From the beginning, staff advised the applicant based on the above concept that
staff drafted to bring greater detail to blue arrows of TSP Figure 6. The concept is of
course a diagram and not at the detailed level of a site plan, civil engineering plan, or
construction drawing.
e.Regarding the suitability of proposed conditions of approval to ensure compatibility
of the proposed use with other uses in the vicinity, staff addresses these under other
provisions through which staff introduces given issues and their related conditions
of approval.
Capacity of public facilities
The City Engineer through Attachment 102A did not identify any deficiencies of or threats to
public infrastructure in regards to factor b. of the third CU criterion subsection B.3b and the
proposal indicates that the applicant will have constructed required street improvements, details
to be determined in concert with ODOT as well as the City Engineer.
Illumination
A lighting condition addresses the illumination factor c. of the third CU criterion subsection
B.3c(2) for altered and additional exterior fixtures in order to prevent light encroachment into
ROWs and adjacent residentially zoned property as well as light pollution
eyesight. (WDO 3.05.02L and Ordinance No. 2338, Section 5A Light Trespass regulate aspects of
exterior lighting, but fail to regulate fixture cut-offs or shielding as well as mounting heights.
The conditional use criteria are met. Staff recommends approval with conditions of the
request.
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Variance Provisions
The variance application is for one request to raise the compact parking percentage maximum
(3.05.03C)
The applicant submitted narrative text addressing the criteria.
Variance Criteria
5.03.12 Variance
A. Purpose: The purpose of this Type III Variance is to allow use of a property in a way that would
otherwise be prohibited by this Ordinance. Uses not allowed in a particular zone are not subject
to the variance process. Standards set by statute relating to siting of manufactured homes on
individual lots; siding and roof of manufactured homes; and manufactured home and dwelling
park improvements are non-variable.
B. Criteria: A variance may be granted to allow a deviation from development standard of this
ordinance where the following criteria are met:
1. Strict adherence to the standards of this ordinance is not possible or imposes an excessive
burden on the property owner, and
2. Variance to the standards will not unreasonably impact existing or potential uses or
development on the subject property or adjacent properties.
C. Factors to Consider: A determination of whether the criteria are satisfied involves balancing
competing and conflicting interests. The factors that are listed below are not criteria and are not
intended to be an exclusive list and are used as a guide in determining whether the criteria are
met.
1. The variance is necessary to prevent unnecessary hardship relating to the land or structure,
which would cause the property to be unbuildable by application of this Ordinance. Factors to
consider in determining whether hardship exists, include:
a. Physical circumstances over which the applicant has no control related to the piece of
property involved that distinguish it from other land in the zone, including but not limited
to, lot size, shape, and topography.
b. Whether reasonable use similar to other properties can be made of the property
without the variance.
c. Whether the hardship was created by the person requesting the variance.
2. Development consistent with the request will not be materially injurious to adjacent
properties. Factors to be considered in determining whether development consistent with the
variance \[is\] materially injurious include, but are not limited to:
a. Physical impacts such development will have because of the variance, such as visual,
noise, traffic and drainage, erosion and landslide hazards.
b. Incremental impacts occurring as a result of the proposed variance.
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3. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic
land forms or parks will not be adversely affected because of the variance.
4. Whether the variance is the minimum deviation necessary to make reasonable economic
use of the property;
5. Whether the variance conflicts with the Woodburn Comprehensive Plan.
Variance Request: Compact Parking Percentage Maximum
3.05.03C
sole variance request is to raise the maximum from 20%. Because the
s variance narrative (submitted September 2, 2020; p. 2) specifies 37.78%, but the
38.78%, staff goes by the
38.78% figure and rounds it to 39% for simplicity, to provide a little civil engineering tolerance
for site plan refinement for the building permit stage, and to facilitate administering the
variance. The narrative states:
Due to density requirements and pedestrian path requirements, additional compact parking
stalls were needed in order to meet parking and design standards for
variance will not impact the existing or potential uses or development. Providing additional
compact parking allows the development to provide more then \[sic\] adequate parking spaces
What the applicant means is that in order for the development to lessen driving, encourage
walking and cycling, and provide residents and visitors particularly the young and the elderly
a sense of safety from cars, staff persuaded the developer to propose an on-site
bicycle/pedestrian path. Second, staff
persuaded the developer to maximize site area available for landscaping, including tree
preservation and additional trees, and common area improvements.
Staff emphasizes that compact parking has no effect on the parking ratio minimum, and adds
that the proposed development exceeds the minimum with 10 excess stalls. Staff concurs also
that the variance would not harm the development itself or adjacent properties.
The variance criteria are met with a Variance condition or conditions.
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Annexation Provisions
Because the proposal is for annexation, per 5.04 it requires a Type IV review with City Council
decision. The applicant submitted application materials on June 7, 2019 and revised and
additional materials through October 7, 2020 (excerpted within Attachment 103).
5.04.01 Annexation
A. Purpose: The purpose of this Type IV review is to provide a procedure to incorporate
contiguous territory into the City in compliance with state requirements, Woodburn Comprehensive
Plan, and Woodburn Development Ordinance.
B. Mandatory Pre-Application Conference: Prior to requesting annexation to the City, a Pre-
Application Conference (Section 4.01.04) is required.
C. Criteria:
1. Compliance with applicable Woodburn Comprehensive Plan goals and policies regarding
annexation.
2. Territory to be annexed shall be contiguous to the City and shall either:
a. Link to planned public facilities with adequate capacity to serve existing and future
development of the property as indicated by the Woodburn Comprehensive Plan; or
b. Guarantee that public facilities have adequate capacity to serve existing and future
development of the property.
3. Annexations shall show a demonstrated community need for additional territory and
development based on the following considerations:
a. Lands designated for residential and community uses should demonstrate substantial
conformance to the following:
1) The territory to be annexed should be contiguous to the City on two or more sides;
2) The territory to be annexed should not increase the inventory of buildable land
designated on the Comprehensive Plan as Low or Medium Density Residential within the
City to more than a 5-year supply;
3)
improvement program;
4) The site is feasible for development and provides either:
a) Completion or extension of the arterial/collector street pattern as depicted on
the Woodburn Transportation System Plan; or
b) Connects existing stub streets, or other discontinuous streets, with another
public street.
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5) Annexed fulfills a substantial unmet community need, that has been identified by the
City Council after a public hearing. Examples of community needs include park space and
conservation of significant natural or historic resources.
b. Lands designated for commercial, industrial and other uses should demonstrate
substantial conformance to the following criteria:
1) The proposed use of the territory to be annexed shall be for industrial or other uses
providing employment opportunities;
2) The proposed industrial or commercial use of the territory does not require the
expansion of infrastructure, additional service capacity, or incentives that are in excess of
the costs normally borne by the community for development;
3) The proposed industrial or commercial use of the territory provides an economic
opportunity for the City to diversify its economy.
D. Procedures:
1. An annexation may be initiated by petition based on the written consent of:
a. The owners of more than half of the territory proposed for annexation and more than
half of the resident electors within the territory proposed to be annexed; or
b. One hundred percent of the owners and fifty percent of the electors within the
territory proposed to be annexed; or
c. A lesser number of property owners.
2. If an annexation is initiated by property owners of less than half of property to be annexed,
after holding a public hearing and if the City Council approves the proposed annexation, the City
Council shall call for an election within the territory to be annexed. Otherwise no election on a
proposed annexation is required.
E. Zoning Designation for Annexed Property: All land annexed to the City shall be designated
consistent with the Woodburn Comprehensive Plan, unless an application to re-designate the
property is approved as part of the annexation process.
F. The timing of public improvements is as follows:
1. Street dedication is required upon annexation.
2. Dedication of public utility easements (PUE) is required upon annexation.
3. Street improvements are required upon development.
4. Connection to the sanitary sewer system is required upon development or septic failure.
5. Connection to the public water system is required upon development or well failure.
6. Connection to the public storm drain system is required upon development.
Regarding subsection B., staff hosted the pre-application conference (Pre-App PRE 2019-08) on
May 1, 2019.
The applicant submitted a revised annexation narrative dated October 24, 2019 that includes a
request that the City designate the annexed territory with the Commercial General (CG) zoning
district.
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Regarding the criteria of subsection C.:
4.The City Comprehensive Plan, Section G. Growth Management and Annexation contains
annexation policies on pp. 30-31. The annexation criteria in the WDO already reflect the
goals, including efficient City services.
First, the territory to be annexed is within the Woodburn Urban Growth Boundary
(UGB). The premise of a UGB is to define an area feasible for the City to provide services
to greenfield development over approximately 20 years as described in the
Comprehensive Plan. So, in this way the annexation of territory within the UGB is
consistent with the comp plan.
Second, the territory also is adjacent to infrastructure that development can make use
of or extend into the territory to develop it:
Roads and street: Molalla Road (Oregon Highway 211) borders to the property
to the south, providing a means of access. The annexation legal description and
its map Exhibit B include the right-of-way (ROW) adjacent to the site.
Transit: Along Parr Rd, the City and other agencies could run transit vehicles.
Potable water, sanitary sewer, and stormwater sewer: These are adjacent or
nearby, and as the Public Works Department Directs at the permit stage, the
developer will upgrade and extend them as necessary to provide laterals to the
site development and for these upgraded and extended utilities to
accommodate the demands of the development.
Other: Other franchise utility providers attend to such utilities as electric power,
cable television and internet, natural gas, and cellular wireless telephony, often
using existing or extended ROWs.
5.The territory is contiguous to the City. Per the comp plan and with implementation
through the WDO, upon development of the territory the City would require
improvements that guarantee that public facilities have adequate capacity to serve such
development.
The Public Works Department identified no impediments to serve the development that
would not be resolved at the permitting stage.
narrative (pp. 2-3) states:
The developer is responsible for the cost of extension of improved water, sewer and storm
drainage facilities necessary to serve the site. Internal development of public and private
facilities necessary to serve the development will occur at the building permit review stage.
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Applicable state or federal permits are required to be obtained for issuance of building or
construction permits from the City.
Staff concurs.
6.Examining the considerations under subsection b. because the Comprehensive Plan land
use map designates the territory Commercial, and the territory is to be designated with
the Commercial General (CG) zoning district
and Comprehensive Plan Policy Table 1:
a.The narrative (p. 4) states:
The territory being annexed is not for industrial uses. However, the site will be annexed
into the City with a CG zone designation that will allow commercial development on the
site. The subject property will provide a location for commercial and residential uses.
The subject property is currently underutilized and by developing the site the proposal
will improve the economic viability of the location. The site is currently unproductive.
Redevelopment contributes to the economic base of the urban area. The site will offer
economic diversification because it will provide for the expansion of new residential
development.
Staff concurs.
b.
All necessary and appropriate public services and facilities essential for development
will be provided to this property at levels that are adequate to serve the proposed use.
The developer is responsible for the cost of extension of improved water, sewer and
storm drainage facilities necessary to serve the site. Internal development of public and
private facilities necessary to serve the development will occur at the building permit
review stage.
Staff concurs.
c.
The subject property is currently underutilized and by developing the site the proposal
will improve the economic viability of the location. Redevelopment contributes to the
economic base of the City. The site will offer economic diversification because it will
provide for the expansion of new residential development.
Staff concurs.
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(Note that although the consolidated application package includes a Design Review \[DR\]
to develop an apartment complex that seems inconsistent with CG zoning, as examined
farther below in the Conditional Use Provisions section, multiple-family dwellings are a
conditional use in the CG zoning district, and a CU application is included within the
package.)
Annexation of the subject territory demonstrates substantial conformance with the criteria.
Regarding D., the applicant obtained the requisite written consent and such that no election is
needed.
Regarding E., the applicant confirms the proposal includes no request to amend the
Comprehensive Plan land use designation or upon annexation to designate the territory with
City a zoning district other than CG. (Pursuant to Comprehensive Plan Policy Table 1, CG,
Downtown Development and Conservation (DDC), and Commercial Office (CO) are the only
three zoning districts that implement the Commercial designation.)
Regarding F., the applicant need not address subsection 1. because the territory to be annexed
includes adjacent ROW and because the public improvements including ROW and public utility
easement (PUE) dedications that F. describes are addressed through Design Review (DR), i.e.
the site plan review process, instead of annexation itself.
The criteria are met.
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Recommended Conditions of Approval
Staff recommends approval of the consolidated applications based on the findings in the staff
report and attachments, which are incorporated by this reference, as well as applying the
following conditions of approval:
General
G1. As part of building permit application, the applicant shall submit revised site plans meeting
the conditions of approval and obtain Planning Division approval through sign-off on permit
issuance.
G2. The applicant or successors and assigns shall develop the property in substantial
conformance with the final plans submitted and approved with these applications, except as
modified by these conditions of approval. Were the applicant to revise plans other than to meet
conditions of approval or meet building code, even if Planning Division staff does not notice and
signs off on building permit issuance, Division staff retains the right to obtain restoration of
improvements as shown on an earlier land use review plan set in service of substantial
conformance.
G3. References: The descriptions below define certain words, phrases, and assumptions in the
context of the conditions of approval:
-site walkway paved at least nine (9) feet wide to serve as a
bicycle/pedestrian path, also known as a multi-use path, to and from sidewalk or to and
from an off-street public bicycle/pedestrian path and that is ADA-compliant and not
gated.
D1 & D2 driveways refer to the two driveways from west (main) to east (secondary).
cluster of four Significant Trees as WDO 1.02 defines in the southeast
front yard.
or number of trips using a type, as examples walking, cycling, riding transit, and driving.
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refers to Manual on Uniform Traffic Control Devices of the U.S. Department of
Transportation (U.S. DOT) Federal Highway Administration (FHWA).
-center spacing, such as of trees or shrubs.
11 / Molalla Road.
Works (the department) or public works (civil infrastructure)
depending on context.
Drawing No
.
-of-way.
n access way or walkway crossing of a drive aisle that: is concrete;
with a tabletop that is raised at least four (4) inches above drive aisle grade, at least 9 ft
wide for an access way or 6 ft wide for a walkway, flat, and scored, stamped, or otherwise
treated (such as with bricks or pavers) to have a pattern; and, with the vehicular ramps
striped in compliance with MUTCD Figure 3B-30, Option A, and with minimum and
maximum slope ratios of 1:25 and 1:10 respectively.
standard specifications and drawings.
implements TSP Figure
6 Local Street Connectivity Plan (2019), which through three blue arrows indicates street
extensions into the northeastern area of the UGB east of U.S. 99E and north of OR 211, one
each from U.S. 99E, June Way, and Cooley Road. The conceptual alignment as a street with
72 ft of ROW extends Cooley Road northwesterly towards the
subject property, west across the north end of the subject property, and continuing west
to U.S. 99E. The corridor refers to both the alignment and a public easement that reserves
the segment of the corridor on the subject property while allowing
construction of private surface improvements other than buildings and other than
structures like carports and trash enclosures and their use for an indefinite time.
uding 3.06.03A and Tables 3.06B
& C.
Transit Plan Update Approved Final Report dated November 8, 2010.
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transportation demand management, which means according to the TSP
single occupant vehicle trips from the roadway du
according to Wikipedia as of October 13, 2020
Woodburn Transportation System Plan (TSP).
called sidewalk except the paved walking
surface is on private property outside of any of ROW or an easement granting public access.
Woodburn Development Ordinance.
stablish or as a specific
condition establishes.
G4. Due dates / public improvements:
a.By application: Unless a condition specifies otherwise, conditions including those relating
to any of final subdivision, final partition, property line adjustment or lot consolidation
recordation are due by building permit application. Prior to both any recordation of any
final subdivision, final partition, or property line adjustment and building permit
application, the applicant shall submit and obtain approval of an Address Assignment
Request.
b.By issuance: Unless a condition specifies otherwise, ROW and easement dedications and
recordation(s), construction of frontage/street improvements, and construction of off-
site, park, and other public improvements are due by building permit issuance. Where
phasing is relevant, building permit issuance means issuance for the phase in which the
conditioned improvement is located.
G5. Recordation due dates: The applicant shall apply to the County for recordations of items
that the City requires no later than six (6) months prior to expiration of the land use approval as
WDO 4.02.04B establishes, and shall complete recordations no later than three years past the
. The due date to complete recordations shall not supersede when
recordations are due relative to the building permit stage.
G-PW. Public Works: Follow the appended Public Works comments (October 13, 2020;
Attachment 102A). If conflict arises between implementation of public works conditions and
referenced standards in that document with implementation of the remaining conditions in this
document, the Assistant City Administrator would arbitrate or mediate based on guidance from
legal counsel, the Director, the Public Works Engineering Director, and the City Engineer.
Conditional Use 2019-04
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CU1. Frontage/street improvements: These shall be:
a.Planter strip: 8 ft wide min, exc. curb dimension.
b.Street trees: 1 per 30 ft of frontage, equaling 10 trees per frontage. For up to no more
than one of the min trees required along the frontage, the developer may pay a fee in-
lieu of $125 per tree. This fee provision is intended to substitute for the applicant
invoking WDO 3.06.03A.3 (Director modification/relocation).
c.Sidewalk: 8 ft wide min, which may overlap the PUE with granting of public access via
either the PUE or separate easement, and with the gap between its east dead-end and
the OR 211 shoulder connected diagonally with pavement.
CU2. Tree preservation:
a.ROW: Street improvements, including both frontage and off-site improvements, shall
preserve any existing alive trees, including through meandering sidewalk.
b.On-site: Development shall preserve the grove.
CU3. Access way & walkways:
a.Access way: It shall be:
(1)Extent: Extend as proposed (via land use review Sheets SDR1, 4, & 5) most of the
subject property depth at least as far north as the south side of the northernmost
east-west drive aisle and follow a route among the common building, grove, and 12
min of the apt buildings.
(2)Decorative paved areas: At least 1,500 sq ft of access way shall be either paved with
any of decorative bricks or pavers or paved with concrete that is scored, stamped, or
otherwise treated to have a pattern. (The intent is for the developer to apply this to
the proposed three circular bulges along the access way and excludes the square
footage of unpaved holes in the doughnut shapes of these areas.)
(3)Speed table: Each crossing of a drive aisle shall be a speed table as a General (G)
definitions condition specifies.
(4)Trees: At each of the landings on the south side, a landscaped island 8 ft wide min
between insides of curbing and extending 14½ ft min, exc. curb dimension. Each
island shall have a tree. Along the length of the access way within 6 ft of the west
edge, 19 trees min.
(5)VCA: Each crossing shall have two small VCAs, one each at the north landing, east
side and the south landing, west side. The VCA triangles shall measure from 6 by 6 ft
from the intersecting edges of access way and drive aisle, and no parking stall shall
overlap VCA.
b.Walkways: 6 ft wide min, excepting the walkway north of the pool, the walkway
southeast of the trash enclosure, and walkways from any of emergency exit / employee-
only mandoors or a maintenance shed. Exceptions shall be 4 ft wide min. Walkway
crossings of drive aisles shall be zebra-striped. The developer shall install at least 2
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crossings not only as striping but also as extensions of poured concrete: the west
crossing of each of the middle and south east-west drive aisles.
CU4. Common area improvements: They shall include:
a.Benches: 12 min, each 6 ft wide min, and 75.0% min with backs. A concrete or masonry
seat wall may substitute for a backless bench for each segment that is 6 ft wide min, 1½
ft high and deep min, and includes a cap of smoother concrete. Place 8 min benches
along the access way preferably near the major deflections, 2 min in or near the grove,
and 1 min at the common building. Benches shall be set back 1½ ft min from edge of
access way or walkway.
b.Picnic benches: 2 min, each square. 1 min ADA-compliant (with one of the four sides
omitting a bench seat) on a paved pad. Place 1 min in the shelter.
c.BBQ: As proposed, a barbeque (BBQ) grill.
d.Patio: As proposed, a patio adjacent to the common building.
e.Shelter: At least one gazebo, pavilion, or shelter with narrowest dimension of 12 ft, 288
sq ft min, ceiling height 10 ft min, and placed near the grove.
f.Path: A bark dust or wood chip path 3 ft wide min shall connect the access way from
near the common building through the grove to the walkway along the east north-south
drive aisle.
Administrative minor adjustment by the Director to common area improvements is permissible.
CU5. Trash enclosure: Shall include a separate pedestrian entrance 3 ft, 4 inches wide min. If
gated, the gate shall be a push gate that either swings into the enclosure or in both directions.
CU6. Balconies and patios: WDO 3.07.05B.1 (area/size and narrowest dimension) shall apply as
min standards, except that for whatever balconies and patios among those proposed exceed
these dimensions, their larger areas/sizes and wider narrowest dimensions shall be the min
standards for those:
a.Patios: 8 ft min narrowest dimension and 96 sq ft min.
b.Balconies: 8 ft min narrowest dimension and 80 sq ft min.
Parking
CU7. Maximizing available parking for residents:
a.Mail carrier stall: The proposed stall designated for mail carrier parking shall be
available for resident parking on official postal holidays, Sundays, and remaining days
outside the hours of 8 a.m. to 6 p.m. A sign 1½ by 1 ft min shall note the range of hours
when a space is limited to mail carrier parking and specify that it is available for resident
parking outside the specified hours.
b.Visitor parking: If the developer or property management company were to designate
and mark a number of parking spaces as leasing office visitor parking, then the spaces
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shall be available for resident parking before and after office hours. A sign 1½ by 1 ft
min shall note the range of hours when a space is limited to visitor parking, for example
10 a.m. to 6 p.m., and specify that it is available for resident parking outside the
specified hours.
Landscaping
CU8. Bark dust: 5.0% max of landscaped area may be bark dust.
CU9. Evergreen: 4 min of trees new to the site. The 4 shall be 1 min of the following
coniferous or evergreen species:
Cedar, Western Red Madrone, Pacific
Douglas-Fir Oak, Oregon White
Fir, Grand Pine, Ponderosa; and
Hemlock, Western Yew, Pacific
CU10. Front yard trees: The front yard shall have a loose row of trees that complements the
row of street trees. 9 min, placed at an approximate average o.c. spacing of 1 per 30 ft of
frontage, and with trees new to the site placed at least 4 ft from edge of sidewalk and 20 ft max
from ROW.
CU11. Overhang / wheel stops:
a.Overhang: In parking aisles along the rear and sides of the subject property, standard
size stalls shall overhang curbing and landscaping by 1 ft min, as WDO Figure 3.05C
allows up to 2 ft max.
b.Wheel stops: Wheel stops anywhere within the site development shall be 4 inches high
max.
CU12. Parking area trees:
a.Each parking aisle shall have between the ends of the aisle at least one landscaped
island that is 6½ ft wide min between insides of curbing and extends 14½ ft min, exc.
curbing, into aisles with perpendicular or angled stalls and at least 7½ ft, exc. curbing,
into aisles with parallel parking. A drive aisle with parking on both sides has two parking
aisles, and the access way crossing landscaped islands conditioned elsewhere do not
count towards this condition.
b.Each island shall have a tree.
CU13. Screening: Evergreen hedge or shrubbery shall be screen at-grade electrical and
mechanical equipment along their sides, excepting the side intended for technician access.
CU14. Bicycle parking:
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a.Amount and distribution on site: The developer shall provide bicycle parking as follows:
(1)Outdoor closets (220): 1 stall min per dwelling in each dwelling in the outdoor closet
of the balcony or patio in which the developer shall install a wall-mounted folding or
retractable hook designed for the hanging of a bicycle;
(2)Outdoors (242): 242 stalls min outdoors, outside of patio and balcony closets. 2
stalls min within 10 to 15 ft of ROW (as guest parking), and 62 min along the access
way;
(3)Stairwells (37 to 74): The developer may meet some of the outdoors min by placing
1 stall min at the base of each building stairwell, with each of these locations having
a bicycle parking sign 1½ by 1 ft min;
(4)Guest: Of the stalls outdoors 2 stalls min within 10 to 15 ft of ROW and along or
near the access way;
(5)Front: 2 stalls min outside each apt building spaced to conform to the 50-foot
distance provision of WDO 3.05.03E as applied through a Design Review (D)
condition and in addition to and more specifically than that condition, also near
the front of each building.
means:
Exhibit Example Building Context
The diagram below represents the exhibit example building context.:
n/a n/a n/a
n/a Corner Back Corner n/a
Left side Building Right side
Corner Front Corner
Meets* Meets*
Exhibit Example Building Context
*Stalls partially in a left or right Mwould count as if they were fully in such area.
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(6)In no case shall the total number of bicycle parking stalls equal fewer than 1.1 per
dwelling, which equals 242 stalls, and in no case shall the min coverage/sheltering
from precipitation of bicycle parking be for fewer than 120 stalls exc. outdoor closet
and stairwell stalls.
b.Bicycle standards: Stalls shall conform to City of Portland Title 33, Chapter 33.266.220C
(amended 2/01/2017, of which staff has a copy), except that the applicant may ignore
subsections C6, C7, & C5c, and that C4b does not apply to the outdoor storage closets
for which the min stall depth from wall instead shall be 4 ft min. Vertical clearance
instead shall be 8 ft min or, where a stall is under stairs, 6 ft min.
c.Cover/shelter: 50.0% min of bicycle parking outdoors shall be covered or sheltered
from the elements. Bicycle parking within patio and balcony closets and building
stairwells do not count towards this requirement.
CU15.
a.Lighting: If proposed, exterior light fixtures shall be full cut-off or fully shielded and
limited in height as follows:
(a)Full cut-off: Exterior lighting fixtures shall be full cut-off or fully shielded models.
(b)Heights: As measured to the underside of a fixture:
a.Wall: Exterior wall-mounted fixtures shall be 8 ft max above walkway finished
grade. (This height limit is not applicable to emergency egress lighting and
permanent wall signs allowed through WDO 3.10 were they to have interior
illumination.)
b.Parking pole: Exterior pole-mounted fixtures within 4 ft of or in parking, loading,
and vehicular circulation areas shall be 14½ ft high max above vehicular finished
grade.
c.Other pole: Remaining exterior pole-mounted fixtures, if any, shall be 10 ft high
max above grade.
(c)Front yard: The common building south elevation is limited to one exterior wall-
mounted fixture, and the first 20 ft of front yard are limited to one pole-mount.
(d)Any on-site permanent signage shall also be subject to (a).
CU16. Window area: The common building west elevation, which is the building front, shall
have 30.0% min window area and the south elevation, which faces OR 211, 21.5% min, both
through transparent glass.
CU17. Parking management: This shall be as follows:
a.Survey: The applicant or any successor and assigns such as a property manager shall
collect data about off-street parking usage or allocation and provide it to the City to the
attention of the Director.
(1)Reporting period: Collect data by each half of a year January through June and
July through December. Submit each biannual report by the last City business day
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in the last month of the next quarter of a year and that is not a federal holiday.
(For example, a report for January through June 2022 would be due by September
30, 2022.)
(2)First report: The first report shall cover whatever irregular length of time would
pass between phase occupancy and the end of the next half of a year ending June
or December.
(3)Attributes: Collect and report on:
(a)Geography: Report numbers divided between Phases 1 & 2 (as defined in
Condition G3).
(b)The number of off-street spaces/stalls that are available and how many, if any,
are closed due to occasional events such as parking area resurfacing,
temporary outdoor events, outdoor storage, or the stationing of large trucks or
truck trailers.
(c)Track stalls and usage by type: regular standard size, regular compact,
accessible/ADA/handicap, EV, and any other type (such as those designated for
visitors, leasing office employees, staff golf cart, or mail carrier).
(d)Collection: The property manager shall do field counts as per condition
counts based on lease agreements, i.e. what tenant households are allocated a
stall or stalls and for what periods, assumed that stalls are occupied as lease
agreements describe.
(e)Usage: Report how many stalls are used and allocated. For vacant apartments
in the context of assumed counts, record stalls associated with vacant
apartments as unallocated.
(f)If and when a parking area resurfacing project were to happen, provide written
notice to the Director of approximate start date and duration, location, and
number of stalls involved.
(g)Format: Use tables to report by phase absolute numbers and percentages of
stall type occupancies. Include phase and sitewide totals.
(4)Field count: The property manager shall do at least two field counts per reporting
period, meaning to travel the project and count in real time occupied and vacant
stall types such as by marking a project site plan. Each count shall be on Tuesday,
Wednesday, or Thursday that is neither a federal holiday nor within a week (7
days) of a federal holiday. One count shall be daytime starting no earlier than 9:30
a.m. and concluding no later than 4:30 p.m., and one count shall be nighttime
starting no earlier than 10:00 p.m. and concluding no later than 12:30 a.m. Report
when on a given date the counts were done and how long it took, for example,
from 11:30 a.m. to noon.
(5)Bicycle parking: For outdoor bicycle parking stalls, including those within stairwells
but excluding outdoor closets, the property manager shall also do field counts the
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same way as per condition subpart (4) above and as part of the larger report
confirm the total number of existing outdoor bicycle stalls.
(6)Parking demand management: The reporting that a parking demand management
condition requires, if it exists, may be incorporated with the parking usage data
collection report.
(7)Context: In each report, cite the project name, phases, street addresses,
master/parent case file number ANX 2019-01 and child case file number CU 2019-
04, and the condition identification(s), state what period the report covers, state
the number of vacant apartments and when and how the number was determined
given fluctuation over six months, and provide an employee name and direct
contact information for questions City staff might have.
(8)Intent: It is not the express intent of this condition to police property
management or punish tenants or management for perceived misuse of parking,
but instead without judgment to collect data on how parking is actually used in a
conventional large apartment complex.
(9)Change of ownership: If and when property ownership were to change, the
property manager shall pass along record of the conditions of approval to the
contract purchaser and successive property manager.
(10)Expiration: This parking usage/allocation data collection condition becomes
optional as of July 1, 2031. If reporting were to cease, the last report for the
January to June 2031 period would be due September 30, 2031.
CU18. Buildings: It shall be:
a.Windows:
(1)Proportion: All windows shall be square or vertically proportioned, except that
horizontally proportioned windows are allowed if they have grilles or muntins
dividing lights or panes so as to be vertically proportioned.
(2)Per room: Within apts, every habitable room abutting a building exterior wall shall
have min one window.
(3)Insect screens: All operable windows shall have insect screens.
b.Scuppers: Any building rainwater scuppers shall not to dump onto the pavement of an
access way or walkway.
CU19. EV: Electric vehicle parking shall be as follows:
a.Number: Influenced by OAR 918-020- and as
proposed, a minimum of either 9 stalls or 2.0% of minimum required parking
whichever is greater shall be a designated EV stall or stalls and with a Level 2 or higher
charging station or stations, which the landowner may limit to tenant use.
b.Placements: In 3 groups min, and with group distribution of 2 groups min in the south
east-west drive aisle and a group min in the middle east-west drive aisle.
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c.Striping: Stripe each stall in lettering 1 ft high min
similar and stencil of an EV image or logo.
d.Signage: Post at each stall a wall-mounted or pole-
Each sign 1½ by 1 ft min with
top of a posted sign between 5½ and 6½ ft high max above vehicular grade.
e.Management/operations: The property manager:
(1)Shall keep EV stalls available for EVs and plug-in hybrid vehicles and keep
conventional gasoline vehicles from parking in them. Priority users shall be
tenants and property management company employees; guests/visitors would be
secondary.
(2)May charge EV stall users for the costs of charging an EV through a charging
station, but shall not (a) charge tenants for either simply parking an EV or plug-in
hybrid vehicle in an EV stall or for leaving such a vehicle parked without actively
charging, and (b) shall charge to recoup costs to the property manager and not
generate profit for the property manager. (This does not preclude the property
manager contracting with a for-profit company to manage EV charging stations).
(3)Shall not charge any fee that discriminates among particular EV parking stalls
based on the perception of some stalls being more convenient or otherwise
desirable than others.
Design Review 2019-06
D1. ROW: To meet WDO Figure 3.01B, as part of recordations and regarding OR 211, the
applicant shall dedicate (a) variable width ROW resulting in half-street ROW that is uniform 50 ft
wide min measured from road centerline, and (b) along the ROW a PUE 10 ft min.
D2. Street corridor: To meet WDO 3.01, as proposed as part of recordations and regarding
developer shall dedicate a PUE of 82 ft min width across the north end
of the subject property, and shall revise the draft easement text to contain:
a.In the body or an Exhibit C, a description that the easement serves to implement
Woodburn Comprehensive Plan Policy H-2.2 and Transportation System Plan (TSP) Figure
6 (2019) by reserving on the subject property a segment of for a future
street that would connect Cooley Road and either or both June Way and U.S. 99E and that
would be ROW of 72 ft width with remainder 5-ft PUEs along the south side or both sides;
and
b.One instance min of the phrase "street reservation and public utility easement" in any of
the title, body, map Exhibit B, or an Exhibit C.
D3. Driveways:
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c.Number: To meet WDO 3.04.03B.1 regarding access management, the number of
driveways shall be limited as follows:
(1)D1, 32 ft wide max; and
(2)D2 and its throat being one-way exit-only, 12 ft wide max, and with a do-not-enter
sign that complies with MUTCD Figure 2B-11, sign R5-1 placed at a location within the
ROW or PUE as ODOT directs.
d.Approach / apron / curb cut: Driveways shall conform to PW SS&Ds, Section 4150, unless
overridden by ODOT choosing to apply its standards.
e.Traffic control: To meet WDO 3.05.02J: As proposed, a striped walkway near and to the
trash enclosure shall delineate the edge of the min drive aisle width, the delineated width
being 24 min and 26 max, to discourage over-swing by turning drivers.
D4. Cross access: To meet WDO 3.04.03B, the developer shall:
a.Extend a drive aisle stub to the property line along each of the following properties:
Tax Lot Address Description
051W09B000700 2155 Molalla Rd NE Ashland Brothers Landscapes, Inc.
051W09B000800 2149 Molalla Rd NE Lin rural residence
051W09B001000 none Carson-Jeske rural residence extra rear
yard
051W08A005200 2045 Molalla Rd NE Undeveloped church property
b.At the interface of a property line and a drive aisle stub, fixed obstructions including
curbing is prohibited. (The developer may instead place signed barricades atop the
pavement.)
c.To meet WDO 3.04.03B.1 & 3, establish a public access easement and private
maintenance agreement to the satisfaction of the Director and revocable only with the
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concurrence of the Director.
d.The public access easement shall grant public access to and from Highway 211 via at least
the western driveway if not both driveways.
e.The easement width shall be minimum twenty (20) feet, centered on driveway and drive
aisle centerlines, and span between the driveway(s) and each of the drive aisle stubs.
D5. Parking striping: The developer shall:
a.S
lettering one 1 ft high min.
b.Double striping: To meet WDO 3.05.02K, delineate parking stalls with double parallel lines
pursuant to WDO Figure 3.05C.
D6. Bicycle parking near main entrance: To meet WDO 3.05.03E, prior to building permit final
inspection the applicant shall provide bicycle parking within fifty (50) ft of a main entrance. In
the context of a new construction apartment complex with conventional three-story buildings
with open stairwells, each apartment building has two main entrances as follows:
a.In all apartment buildings except Building U there are four points where a building main
wall plane intersects the walkway serving building ground floor entrances and the
stairwell to upper floor entrances;
b.A Building U there are two such points;
c.Each building has either (a) two walkways with two points each totaling the four or (b)
one walkway with two points total; and so
d.The condition shall apply to three points min for all except Building U, one point min for
Building U, and apply to one point minimum per walkway.
D7. Patios: Visual separation shall conform to WDO 3.07.05B.1a as follows:
a.Pavement: As proposed, patios shall be paved with brick, concrete pavers, or poured
concrete.
b.Railings/fencing & gate: The outermost edges of patio concrete slabs that do not abut
building walls shall have either metal or wood railings or cedar wood fencing at least 3 ft
high. If the latter, then opacity shall be full, but if fencing is higher than the minimum
height, it shall be no more than 90% opaque, such as by being fully opaque from grade
but from the top having a lattice pattern. The railings or fencing shall have a gated
opening at least 2 ft and 4 inches wide.
c.Height maximum: the railings or fencing maximum height shall be either 5 ft or, where a
patio faces the access way, 3½ ft.
d.Shrubbery: Evergreen shrubbery shall line fully the outermost edges of patio concrete
slabs, except along the gated opening.
Design Review 2019-06: Transportation
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Exhibit T Vicinity map
T-A1. U.S. 99E & OR 211/214:
a.Signal timing: The developer shall pay a mitigation fee or fee in-lieu of $10,000 to fund a
transportation study, specifically a study of signal timing, appropriate mitigation of the
operational (mobility) deficiency and elevated crash rate, and related details in
coordination with ODOT. \[TIA & TSP R14\]
b.Mitigation for Operational and safety deficiencies: this proposal exacerbates existing and
projected mobility/volume-to-capacity deficiencies as well as an existing elevated crash
rate. The applicant shall contribute a proportionate share contribution toward a
mitigation project to alleviate these deficiencies. There are two options for this
mitigation, one from the TSP, the other from ODOT agency commentary (April 6, 2020)
on the TIA:
(1)Add a southbound left-turn lane on Highway 99E and a short-length receiving lane on
Molalla Road; or
(2)Reconfigure the westbound approach at the intersection to provide a dedicated right-
turn lane or pocket that leads to Highway 99E northbound through one of the
following.
c.As this intersection is under ODOT jurisdiction, the agency would need to approve of the
appropriate mitigation project in concert with the City Engineer. The forum for this
decision would be the signal study noted in Condition T-A1(a). The approved mitigation
project shall determine civil engineering details such as channelization, signal
modification(s), length, width, placement relative to centerline, markings, ADA-compliant
sidewalk/pedestrian crossing improvements and street tree preservation.
d.To determine the applicable mitigation fee or fee in-lieu for a proportionate fair share of
the mitigation project, the trip contribution method described above yields an estimated
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could address the need to determine the estimate cost of the mitigation project, or the
applicant has the option to provide their own estimate based on a study drafted by a
licensed civil engineer, advised upon by ODOT, and agreed to by the City Engineer prior
to building permit application.
e.The developer shall forward a cost estimate with cover letter and contextual documents
to the City Engineer and courtesy copy the Director no later than either (i) 5 City business
days following the date the City Council authorizes the Mayor or Council President to the
2019-01
annexation ordinance. The City Engineer shall choose (i) or (ii) for the developer and
identify such in writing to the developer and courtesy copy the Director.
T-BP1. Sidewalk connection / off-site extension: To further TDM through walking, in addition
to the required half-street sidewalk, the developer shall do one of the following:
a.Extend sidewalk at 6 ft width min west to the east leg of the T-intersection of OR 211 &
June Way, approximately 425 ft distance, and at a point aligned with the east leg, the
sidewalk shall turn south and meet the roadway;
b.Install a mid-block crossing from the frontage sidewalk, or from a short west extension of
said sidewalk, south to existing sidewalk along the south side of OR 211, and with the
crossing conforming to PW SS&Ds unless overridden by ODOT choosing to apply its
standards; or
c.A combination of a. and b. whereby the length of the sidewalk per a. would shorten in
relation to how far east of June Way the developer would install a mid-block crossing.
d.If the developer were to opt for b., and were either ODOT or City written or drawn public
works standards not to exist yet be necessary to establish to administer b., then the
developer and City shall default to these improvement elements:
(1)At both ends of the crossing, an ADA-compliant transition between sidewalk and
roadway;
(2)White striping in the form of either two parallel bars or as zebra stripes;
(3)The type, number, and placements of signage compliant with the MUTCD for a mid-
block crosswalk; and
(4)That either ODOT or the City Engineer may require either or both (i) installation of a
street light or lights in addition to those required as part of frontage improvements,
and/or (ii) that the crossing be actuated or semi-actuated. \[TSP Fig. 5\]
T-BP2. Crosswalk installation: To further TDM through walking, the developer shall upgrade
the east leg of the T-intersection of OR 211 & June Way into a marked crosswalk and one that
conforms to PW SS&Ds, unless overridden by ODOT choosing to apply its standards.
a.Either ODOT or the City Engineer may require either or both (1) installation of a street
light at or near the north end of the crossing, and/or (2) that the crossing be actuated or
semi-actuated.
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b.Were either ODOT or City written or drawn public works standards not to exist yet be
necessary to establish to administer this condition, then the developer and City shall
default to these improvement elements:
(1)At the north end, an ADA-compliant transition between sidewalk and roadway;
(2)White striping in the form of either two parallel bars or as zebra stripes; and
(3)The type, number, and placements of signage compliant with the MUTCD for a
crosswalk along the leg of an intersection.
c.There shall result a physical change to existing pavement and/or striping serving as an
obvious indication for most pedestrians, cyclists, and drivers.
d.Regarding a Condition T-BP1 for sidewalk connection / off-site extension, were the
developer to opt for its part b. or c., then this Condition T-BP2 would not apply. \[TSP Fig.
5\]
T-BP3. Bicycle lane off-site extension: To further TDM through cycling, the developer shall do
one of the following:
a.Widen the off-site sidewalk, which a separate condition requires, into a
bicycle/pedestrian path 8 ft wide min;
b.Extend the bicycle lane at 6 ft wide min (per WDO Figure 3.01B) west to the east leg of
the T-intersection of Highway 211 & June Way and to the north end of that crosswalk,
approximately 425 ft distance. The developer shall add roadway pavement to
accommodate both a bicycle lane and either (1) whatever ODOT establishes as road
shoulder min width or (2) a buffered bicycle lane such that the lane is min 2 ft away
from the edge of travel lane, and towards the west where both the shoulder and ROW
narrow, then the developer may taper the buffer to a close; or
c.Pay a fee in-lieu of $113,000.
\[TSP B16\]
T-BP4. Wayfinding: To further TDM, the developer shall do one of the following:
a.Install 2 min devices, such as signage, that provide wayfinding to bicycle routes, multi-
use paths, parks, schools, and other essential destinations. If the developer were to opt
for signage and assuming pole signage, sign face min dimensions shall be 2 ft by 1 ft and
the placements shall be one at or near the junction of the access way and sidewalk and
one at the T-intersection of OR 211 & June Way. (Note: The developer may mimic the
typical wayfinding signage the City approved for the Mill Creek Greenway as Smith
Creek Development \[ANX 2017-05\] adapted from the City of Tualatin, Oregon greenway
trail system signage which it in turn had adapted from the Regional Trails Signage
Guidelines of The Intertwine Alliance, a trails coalition in the Portland metro area.)
b.Pay a fee in-lieu of $3,000. \[TSP B40 /P62\]
T-T1. Bus transit and vanpool fee: To further TDM through bus transit and vanpooling, the
developer shall pay a mitigation fee that is a rate per dwelling of $368.41. \[This condition
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relates to TSP projects T1, 2, 4, & 16, TDM1, TSP Fig. F5, and TPU projects 1, 2, 3, 11, 12, 13, 15,
& 20.\]
T-T2. Bus stop bicycle parking: To further TDM through bus transit, the developer shall at each
of the following WTS bus stops provide for bicycle parking to the specs specified by the
Assistant City Administrator or designee by either (1) installing a bicycle rack in a 6 by 4 ft min
concrete pad or (2) paying a fee in-lieu of $510.20:
a.U.S. 99E northbound (Express Stop 2) adjacent to Tax Lot 051W08DB02600 (1400 N.
Pacific Hwy);
b.OR 214 westbound (Stop 17) adjacent to Tax Lot 051W08A005400 (1561 Mt. Hood Ave;
Pacific Plaza strip mall); and
c.OR 214 eastbound (Stop 13) adjacent to Tax Lot 051W08DB01300 (1540 Mt. Hood Ave;
Bi-Mart, Mega Foods). \[TSP T18\]
T-T3. Bus stop shelters: To further TDM through bus transit, regarding the WTS U.S. 99E
northbound stop that is adjacent to Tax Lot 051W08DB02600 (1400 N. Pacific Hwy) the
developer shall provide for a bus shelter to the specs specified by the Assistant City
Administrator or designee by either (a) installing a shelter or (b) paying a fee in-lieu of $12,000.
\[TPU 9\]
T-TDM1. Car share: Until July 1, 2025, the Director may invoke as a requirement that the
property management team shall contract with a car share company or service, designate and
mark a minimum number of parking spaces which shall be at least one for one or more
shared vehicles for tenant use, and follow program details that the Director establishes as
necessary to implement the requirement.
Variance 2020-05
V1. Compact parking (WDO 3.05.03C):
a.Percentage: The compact parking max as a percentage of the required parking ratio min
shall be 39%; instead of 20% typical) and 100% of any amount in excess of the min
required. At least 20% of the min amount of stalls shall be compact.
b.Striping: The applicant shall stripe each stall with the
1 ft high min.
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Applicant Identity
Applicant Jeff Bolton, Senior Project Manager, Multi/Tech Engineering
n/a
Representative
Landowner(s) Ivanov Investment Group LLC
(Note: The developer is I & E Construction.)
Notes to the Applicant
The following are not planning / land use / zoning conditions of approval, but are notes for the
applicant to be aware of and follow:
1.Records: Staff recommends that the applicant retain a copy of the subject approval.
2.Fences, fencing, & free-standing walls: The approval excludes any fences, fencing, & free-
standing walls, which are subject to WDO 2.06 and the permit process of 5.01.03.
3.Signage: The approval excludes any private signage, which is subject to WDO 3.10 and the
permit process of 5.01.10.
4.
within three years of the date of the final decision unless: 1. a building permit to exercise the
right granted by the decision has been issued; 2. the activity approved in the decision has
commenced; or 3. a time extension, Section 4.02.05, has been approved. Because
unrecorded re-plats lingering indefinitely have burdened staff, a condition sets sooner time
limits for subsection 2. to begin and finish recordation.
5.Mylar signature: The Community Development Director is the authority that signs plat Mylars
and not any of the mayor, City Administrator, Public Works Director, or City Engineer. Only
one City signature title block is necessary.
6.PLA Plat Tracker: Marion County maintains a plat tracking tool at
<http://apps.co.marion.or.us/plattracker/>. Use it to check on the status of a recordation
request to the County. City staff does not track County plat recordation.
7.Technical standards:
a.Context: A reader shall not construe a land use condition of approval that reiterates a
City technical standard, such as a PW standard, to exclude remaining standards or to
assert that conditions of approval should have reiterated every standard the City has in
order for those standards to be met.
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b.Utilities: A condition involving altered or additional sidewalk or other frontage/street
improvement that would in the field result in displacement or relocation of any of utility
boxes, cabinets, vaults, or vault covers does not exempt the developer from having to
move or pay to move any of these as directed by the City Engineer and with guidance
from franchise utilities.
8.Other Agencies: The applicant, not the City, is responsible for obtaining permits from any
county, state and/or federal agencies, which may require approval or permit, and must obtain
all applicable City and County permits for work prior to the start of work and that the work
meets the satisfaction of the permit-issuing jurisdiction. The Oregon Department of
Transportation (ODOT) might require highway access, storm drainage, and other right-of-way
(ROW) permits. All work within the public ROW or easements within City jurisdiction must
conform to plans approved by the Public Works Department and must comply with a Public
Works Right-of-Way permit issued by said department. Marion County plumbing permits
must be issued for all waterline, sanitary sewer, and storm sewer work installed beyond the
Public Right-of-Way, on private property.
9.Inspection: The applicant shall construct, install, or plant all improvements, including
landscaping, prior to City staff verification. Contact Planning Division staff at least three (3)
City business days prior to a desired date of planning and zoning inspection of site
improvements. This is required and separate from and in addition to the usual building code
and fire and life safety inspections. Note that Planning staff are not primarily inspectors, do
not have the nearly immediate availability of building inspectors, and are not bound by any
convenience.
10.Stormwater management: The storm sewer system and any required on-site detention for
the development must comply with the City Storm Water Management Plan, Public Works
storm water practices and the Storm Drainage Master Plan.
11.Public Works Review: Staff performs final review of the civil plans during the building permit
stage. Public infrastructure must be constructed in accordance with plans approved by the
City, as well as current Public Works construction specifications, Standard Drawings, Standard
Details, and general conditions of a permit type issued by the Public Works Department.
12.ROW:
a.Dedication: The Public Works Department Engineering Division has document templates
for ROW and easement dedications that applicants are to use.
ROW and public utility easement (PUE) dedications are due prior to building permit
issuance per Public Works policy.
b.Work: All work within the public ROWs or easements within City jurisdiction must
require plan approval and permit issuance from the Public Works Department. All public
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improvements construction work must be performed in accordance with the plans
Standard drawings.
13.Franchises: The applicant provides for the installation of all franchised utilities in any required
easements.
14.Water: All water mains and appurtenances must comply with Public Works, Building Division,
and Woodburn Fire District requirements. Existing water services lines that are not going to
be use with this new development must be abandoned at the main line. The City performs
required abandonment of existing water facilities at the water main with payment by the
property owner. All
by approved City of Woodburn Contractors. The applicant shall install the proper type of
backflow preventer for all domestic, lawn irrigation and fire sprinkler services. The backflow
devices and meters shall be located near the city water main within an easement, unless
approved otherwise by Public Works. Contact Byron Brooks, City of Woodburn Water
Superintendent, for proper type and installation requirements of the backflow device at (503)
982-5380.
15.Grease Interceptor/Trap: If applicable, a grease trap would need to be installed on the
sanitary service, either as a central unit or in a communal kitchen/food preparation area.
Contact Marion County Plumbing Department for permit and installation requirements, (503)
588-5147.
16.Fire: Fire protection requirements must comply with Woodburn Fire District standards and
requirements, including how the District interprets and applies Oregon Fire Code (OFC). Place
fire hydrants within the public ROW or public utility easement and construct them in
accordance with Public Works Department requirements, specifications, standards, and
permit requirements. Fire protection access, fire hydrant locations and fire protection issues
must comply with current fire codes and Woodburn Fire District standards. See City of
Woodburn Standard Detail No. 5070-2 Fire Vault. The fire vault must be placed within the
public right-of-way or public utility easement.
17.SDCs: The developer pays System Development Charges prior to building permit issuance.
Staff will determine the water, sewer, storm and parks SDCs after the developer provides a
complete Public Works Commercial/Industrial Development information sheet.
18.Public Improvements Civil Plan Review: The process by which to receive, review, and approve
drawings and other documents related to public improvements required by these conditions
of approval may be paired with or incorporated into building permit review, or, if directed by
the City Engineer, through a civil engineering plans (CEP) review process led by the
Engineering Division. If opting for CEP, the applicant shall not only follow the direction of the
Engineer Division, but also take some actions to facilitate tracking by Planning staff and
coordination with Engineering:
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a.Cover letter: Upon submitting application to the Engineering Division, simultaneously
alert the Planning Division through a cover letter to the attention of the Planning Division
referencing the intended or, if known, actual submittal date as well as the project name,
project phase, tax lot number(s), street address(es), and the land use / planning / zoning
final decision conditions of approval that require the public improvement that is the
subject of the civil engineering plans. Referencing conditions may be by quotation or
citing the identification numbers (e.g., T-A1). Identify the specific sheet (by number) or
document page number that illustrates or notes how each subpart of a condition is met.
b.Contact information: State the appl-mail, and
desired date for City staff to respond with review comments. The cover letter may include
these.
c.Plan copies: Submit to the attention of the Planning Division at least two plan size copies
of plan sets (24 by 36 inches). Within the cover sheet title block(s), include the phrase
using a fileshare service.
d.Re-submittal fee: If there are multiple re-submittals, beginning with a third submittal /
second revised submittal and continuing with each subsequent submittal, the applicant
must pay through the Planning Division into City general revenue a fee of $100.
Where public improvements involve the jurisdiction of an outside agency such as the Oregon
Department of Transportation (ODOT), the developer must account for that when interacting
with the City Engineer and City Public Works Department process.
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Woodburn Eastside Apartments
ANX 2019-01, CU 2019-04, DR 2019-06,& VAR 2020-05
Public Works
October 13, 2020
CONDITIONS OF LAND USE APPROVAL:
1.The Applicant, not the City, is responsible for obtaining permits from state, county
and/or federal agencies that may require such permit or approval. All work within
the Oregon Department of Transportation (ODOT) right-of-way requires the
applicant to obtain approval and permits from ODOT.
2.The Applicant shall obtain approval from the Oregon Department of
Transp
system. Provide a final storm drainage analysis for detention and conveyance
system. The storm drainage hydraulic analysis shall comply with both ODOT and
3.The applicant shall obtain approval from the Oregon Department of
Transportation (ODOT) for all required improvements along Highway 211,
included but not limited to street improvements, striping, Highway signage,
construction of new sewer line, construction of new water line, and additional
study.
4.Applicant to provide for the installation of all franchise utilities and shall provide
any required easements for these facilities. All permanent utility services to the
development shall be underground.
5.Department of Environmental Quality Erosion Control 1200C permit will need to
be obtained for this development prior to City issuance of permit.
6.Final review of the Civil Plans will be done during the building permit application.
Public infrastructure will be constructed in accordance with plans approved by
public works and ODOT.
7.Provide and record the required right-of-way dedication, public utility easements,
and waterline easements priorto building permit issuance.
8.Provide street lighting plan and design for review to the City and ODOT.
Engineering & Project Delivery
190 Garfield Street Woodburn, Oregon 97071
Ph. 5030-982-5240Fax 503-982-5242
128
9.Applicant to provide plans indicating the construction of a new gravity sanitary
sewer main in Hwy211 Woodburn-Estacada Highway. As indicated on previous
meetings, the existing sewer main in Hwy 211 is an abandoned force main.
Applicant is responsible for constructing a public gravity sewer main to the
proposed development.
10.Fire hydrants locations and fire protection requirements shall be as per the
Woodburn Fire Districts and City of Woodburn requirements. Actual fire hydrant
locations and in-line valving locations shall not be determined until the
construction final plan review.
11.Based on WDO 3.04.05B, 5.03.01B.3b, & 5.04.01C and need for
intergov
and roads shall be determined prior to building permit issuance.
12.System Development fees shall be paid at the time of building permit issuance.
13.All public easements and right-of-way dedications shall be properly recorded
prior to building permit issuance.
Engineering & Project Delivery
190 GarfieldStreet Woodburn, Oregon 97071
Ph. 5030-982-5240Fax 503-982-5242
129
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Attachment 105A
Reference Doman / Little Caesar's PizzaPacific Building SystemsPBS contractor yardChurch LDS/MormonCarson-Jeske houseCarson-Jeske outbuildingCarson-Jeske extra rear yard Ivanov / Woodburn
Eastside Apts.Lin houseAshland Bros. Landscapes, Inc.\[Note: tax map blank; cited City GIS.Church Jehovah's WitnessesSafeway/Starbucks
4.0%5.8%8.9%2.9%2.3%5.4%3.0%2.3%9.4%
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Status marginal developmentdevelopedundevelopedundevelopeddeveloped rural housedeveloped outbuildingundeveloped extra rear yardundevelopeddeveloped rural housemarginal developmentdeveloped
rural housedeveloped rural housedeveloped duplex or higherdeveloped manu dwellingdeveloped manu dwellingdeveloped manu dwellingdeveloped manu dwellingdeveloped manu dwellingdeveloped
manu dwellingdeveloped churchundevelopeddeveloped strip mall
Address 2000 N. Pacific Hwy2100 N. Pacific Hwynone2045 Molalla Rd NE2115 Molalla Rd NE2115 Molalla Rd NE2115 Molalla Rd NE2145 Molalla Rd NE2149 Molalla Rd NE2155 Molalla Rd NE1585 Cooley
Rd2140 Molalla Rd NE2110 Molalla Rd NE1638 Granite Dr1640 Granite Dr1644 Granite Dr1656 Granite Dr1668 Granite Dr1670 Granite Dr1557 June Way2010 Molalla Rd NE1520 N. Pacific Hwy
ANX 2019-01 OR 211 Corridor Lot Area and Frontage Spreadsheet
Highway 211 / Molalla Rd Corridor: U.S. 99E to East Urban Growth Boundary (UGB)Parcels along Corridor within the Northeast UGB Area Clockwise from NW Tax Lot 051W08A004100051W08A004300051W08A0044000
51W08A005200051W09B001200051W09B001100051W09B001000051W09B000900051W09B000800051W09B000700051W09C000600051W09C000700051W09C000800051W08DA08800051W08DA08700051W08DA08600051W08DA08500051W08DA08400051W0
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no room remaining within the lot for development, and the development is recent enough and built for a house of worship that it too seems fixed indefinitely.10/14/2020Planning Commission
10/22/2020
149
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155
Agenda Item
January 25, 2021
TO:Honorable Mayor and City Council
FROM:Scott C. Derickson, City Administrator
SUBJECT:FY 2021/22 Financial Plan
RECOMMENDATION:
Adopt the attached FY 2021/22Financial Plan (Budget Policies and Fiscal
Strategy) via a motion.
BACKGROUND:
In past year, the City has experienced a series of difficultand unprecedented
financial challenges due to the COVID-19pandemic. Because of the pandemic,
the City downsized a host of programs and services, mostly related to the parks
and recreational programming. Thesereductions resulted in over $1 million in
General Fund savings. Simultaneously, through the efforts of staff, we achieved
some $3.6 million in COVID-19 community assistance funding, including a $1.5
Million CDBG for Woodburn’s first Family Resource Center, $385 thousand in
community non-profit assistance programs, over $400 thousand in mortgage relief
through the reallocation of housing rehabilitation funding, and other programs
via state, federal and City grant programs.
Although the City still projectsrevenue over expense shortfalls within the five-year
planning period, we have successfully utilized the Budget Policies and Financial
Plan, as a best practice strategy, to effectively managed, planaccordingly for
large capital projectsand lessen any shortfall impact.
Nonetheless, it is clear that the City will be operating at a reduced level of service,
primarily associated with parks and recreational programming, for the
foreseeable future.
TheCity Council should approach General Fund spending withcaution. There are
some reasons to be optimistic, such as regionaleconomic conditions and the
strength of the housing markets, along with potential industrial development, that
Agenda Item Review:City Administrator ___x___City Attorney __x____Finance __x___
156
Honorable Mayor and City Council
January 25, 2021
Page 2
remains strong, but it will be sometime before the financial benefit of these
markets materialize into General Fundsupport.
In the interest of sound financial management,the City Council directed that a
comprehensive set of financial planning documents be developed and
implemented for the purposes of improving the City’s financial sustainability. Since
the 2011 policy implementation, the City has prepared the Financial Plan as a
means of managing the City’s current year budget and inform the FY 2021/22
budget development process.
In past years the City Council has been commended by the City Auditor, and
recognized by the Government Finance Officers Association for the use of
comprehensive budget policies and the quality presentation, clarity and
transparency of Woodburn’s budget documents.
Theintent of the Financial Plan is to help predict cost and revenue trends from
year to yearandmake better decisions via the memorializing of sound financial
practices and budget administration. If necessary, the Financial Plan informs the
need to reducethe City’s budget to remain consistent with the City Councilgoals
and meeting communityneeds within available resources.
2021/22 POLICY:
Attached is the proposed FY 2021/22Financial Plan:Budget Policies & Fiscal
Strategy, which islargely unchanged fromthe previous year, other than the
addition of a COVID-19 impact and strategystatement. The Financial Plan is
being brought before the City Council largely due to the significant impact that
COVID-19 has had on the City financial and programmatic positon.
:
FINANCIAL IMPACT
There is no immediate monetary impact on the City. TheFinancial Plan draft will
help make stronger financial decisions that are in the best interests of the
community and the City organization.
157
City of Woodburn
FY 2021/22FinancialPlan
Budget Policies, Fiscal Strategy, &Five Year Forecast
COVID-19 Pandemic Financial Impact and Strategy. The COVID-19 Global Pandemic has
had significantfinancialimpacts on local governments and communities across the nation,
prompting federal stimulus payments and state aid for both businesses, families,and individuals.
The City of Woodburn has also been impacted both operationally and financially. In response to
State-imposed restrictions intended to slow the rate of COVID-19 spread in congregate settings,
the City closed all Parks and Recreation Department programming, including the cancellation of
the 2020 Fiesta Mexicana, the closing ofCity Hall,the Aquatic Center and Library,and reductions
in Transit services.These actions, many of which are detailed in the FY 2020/21 Budget Message,
resulted in the laying-offof 52 part-timeemployees,which constituted a General Fund loss of 28
Full-Time Equivalencies(FTEs). Additionally, the City imposed a hiring freeze on six full-time
positions, including two police officer positions, placed a hold on Woodburn’s Urban Renewal
ProgramSmall Business Grant & Loan Program,and froze a $300,000 General Fund contribution
to the proposed Community Center Design Project.Much of the City’s operational focusthen
shifted to community education and outreach, as well as working to steer as much financial support
for Woodburn’s families and business as possible.
FY 2021 spending reductions resulted inover $1 million in General Fund savings. Simultaneously,
through the efforts of staff, weachievedsome $3.6 millionin COVID-19 community assistance
funding, including a $1.5 Million CDBG for Woodburn’s first Family Resource Center, $385
thousand in community non-profit assistance programs, over $400 thousand in mortgage relief
through the reallocation of housing rehabilitation funding, and other programs via state, federal
and City grant programs.
Per the City’s annual Financial Plan update, the attached 5-Year Forecast assumes a pre-COVID-
19 General Fund Budget as a base, including the restorationof all Park & Recreational programs,
most of which require offsetting revenue generation in order to remain viable. This wasdone to
establish a baseline for demonstrating the full impact of COVID-19 and the events of 2021. In
terms of revenue, caution is needed. COVID-19 related impacts on General Fund revenues remain
uncertain,such as overallimpacts to Transient Occupancy Tax revenues, the future of state shared
revenues,and the rate of property tax collection as a result of the economic downturn and state
mortgage deferral programs.
The 5-Year Forecast is projecting aFY 2022 revenue/expense General Fundshortfall of-$676,481
followed with an additional General Fund revenue shortfall of -$731,563 in FY 2023 and -
$570,277 in 2024.Assuming pre-COVID-19 General Fund spending levels, the 5-Year Forecast
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projects approximately -$3,792,397 intotalrevenue/expense shortfallsoverthe upcoming five
years.Because of the City’s careful prior-year efforts to build the General Fund’s ending fund
balance, the Contingency drop significantly in FY 2021/22, but the City still maintains it’s 25%
Contingency goals through 2025.
The City cannot operate at a sustainable level by incurring revenue/expense shortfalls for extended
periods. The 5-Year Forecasthelps in establishing a financial picture for the City both in the
current year,for the upcoming budget development process and in the futureas appropriate. It
allows the City to make financial and budget decisions so that financial sustainability can be
achieved and projected shortfalls resolvedbefore they are achieved.
Using the best information available at the time, the 5-Year Forecast represents our best guess, but
as we have seen, circumstances can change quickly.Consequently, the forecast is updated annually
and as needed. The entire 5-Year Forecast is attached for your review.
FY 2021/22 Budget Goal.It is clear that Woodburn’s challenge will be closing the projected
revenue over expense General Fund shortfalls while working to develop a financial plan for
rebuilding popular parks and recreational programming to pre-COVID-19 levels, which could take
18 to 24 months to achieve.
1.The City will remain financially challenged for the immediate future. Working in the
framework of the City Council’s FY 2021/22 Financial Planand Oregon Budget Law, the
City Administrator will present a balanced FY 2021/22 Budget, working to closeprojected
General Fund revenue shortfalls over timewhile protecting cash balances to the greatest
extent possible.It is likely the City will continue operating at reduced levels of service
pending a COVID-19 operational and financial recovery.
2.The City will seek to build cash reserves when possible with the understanding that startup
costs may be required when starting or reestablishing COVID-19 impacted or related
services and programs. Financial plans for reestablishing pre-COVID-19 programs will be
presented to the City Council as appropriate.
3.In addition, it is also the goal of the City to prioritize existing resources on priority services
such as public safety funding, continued community COVID-19 education, economic aid,
and planning for the restoration of parks and recreation programming, including aquatics
and library services.
BUDGET POLICY
SECTION 1. ANNUAL REVIEW& POLICY
A.Fiscal Responsibility.The policy of the City of Woodburn is to return the highest level
(or sustain the current levels) of service with the least amount of taxpayer investment and
to plan accordingly.
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B.Balanced Budget.The City’s budget shall be balanced. For each fund, ongoing costs are
not to exceed ongoing revenues plus available fund balances used in accordancewith
reserve policies. The budget resolution will be adopted by the fund at a summary level.
C.Budget Process. The annual budget process is intended to weigh all competing requests
for City resources within expected fiscal constraints. Levels of service will increase or
decrease based on the availability of resources. Requests for new programs made outside
the annual budget process will be discouraged. New initiatives will be funded by
reallocating existing City resources to services with the highest priorities.
D.Fiscal Recommendations. Consistent with the administrative responsibilities outlined in
the Charter, the City Administrator will make fiscal recommendations to the City Council
on all measures necessary to sustain current levels of service and avoid reductions in City
programs, including the consideration by the City Council of new revenue sources if this
is determined to be in the best interest of the community.
E.Budget PolicyUpdates.The City Council will review and adopt the Fiscal Year Budget
Policies on an as-needed basis as determined by the City Administratoror as
circumstances require.
F.AnnualFive-Year Forecast.The City Council willreview and approve the Five-Year
Forecastas needed.The forecast is an estimate of future revenues and expenses intended
to serve asan estimate anda guideline for makingsound financial decisions in the current
fiscal yearand budget preparation.The Five-Year Forecast and the Budget Policies
together will constitute the City’s annual Financial Plan.
G.Policy Direction.Consistent with the role outlined in the Woodburn City Charter, the
City Council is responsible for providing policy direction to determine the City’s overall
financial health.In response to the fiscal recommendations made by the City
Administrator, the City Council shall consider all measures necessary to sustain current
levels of service. In addition, the City mayavoid reductions in City programsby
consideringnew revenue sources if this is determined to be in the best interest of the
community.
H.Budget.Under the Woodburn City Charter, the City Administrator servesas Woodburn’s
Budget Officer.The Finance Director assists the City Administrator with the preparation
and presentation of the annual budget, budget administration,and the day-to-day finance
operations. The Budget Officer is responsible for the administration of the annual budget
and may approve or disapprove the expenditures contained in the adopted budget if
deemed in the best financial interest of the City.
I.Budget Administration.As authorized by the City Charter, the City Administrator is
responsible for taking actions necessary to keep expenditures within anticipated revenues,
including initiating layoffs, reorganizations, downsizing, program reductions,and
adjustments to service levels. The City Administrator will keep the City Council informed
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as to any steps taken to reduce expenditures,and whenever possible, the Council will
review the decisions and consider options during a mid-year budget review.
SECTION 2. DISCRETIONARY & DEDICATED RESOURCES
A.Recognizing Financial Limits
.Woodburn will make a distinction between two different
types of services; 1) those funded primarily from City discretionary resources,and 2) those
funded primarily from dedicated resources.
B.Discretionary Resources
. The General Fund collects resources to provide discretionary
programs and services as recommended by the Budget Officer and approved as part of the
City’s cycle.The City will continue to fund these programs primarily from General Fund
discretionary resources.These include police, park and recreation, economic development,
land use, financial services, and other programs.
C.Dedicated Resources.Dedicated resources are normally subject to restrictions via state
and federal law, grant agreements and contracts, City policy,and ordinances. City services
funded primarily through dedicatedfunds include such items as speed and safety belt
enforcement, grant-funded transportation, utility services, etc.
SECTION 3. GENERAL FUNDBUDGET(DISCRETIONARY)
A.Annual Budget Goal.The goal shall be to prepare a budget that maintains existing high
priority programs supported by the General Fund while at the same time seek savings and
alternative revenue sources wherever possible. Funding for lower priority programs will
be reduced or eliminated to ensure that expenditures remain in balance with resources.
B.General Fund Emphasis.The highest priority shall be to conserve General Fund
discretionary resources to fund high priority programsas defined by the City Council and
City Administrator.
C.Maximize City Council’s Discretion.Wherever legally possible, revenues are to be
treated as discretionary resources, rather than as dedicated to a particular program or
service. The goal is to givethe City Council flexibility in allocating resources to local
priorities.
D.New Revenues.In order to sustain current levels of service, avoid reductions in public
safety programs,or increase services needed to meet community demands, the City
Council may consider new discretionary revenues if it is determined to be in the best
interest of the community.
E.Use of Dedicated Funding Sources. Whenever legally possible,funding responsibility for
existing programs or activities should be transferred to appropriate dedicated funding
sources, freeing up scarce discretionary resources to fund City Council priorities.
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F.Cost Efficiency.Staff will prepare fiscally conservative budgets and will seek savings
wherever a balance between cost efficiency and the quality of public service can be
achieved.
G.Materials & Services.Departments are to prepare “base budgets” with a goal of holding
General Fund or other discretionary resources for materials and services expenditures to
no more than prior yearbudget levels.
H.No General Fund Street Maintenance Support.No discretionary General Fund revenues
will be usedto support street maintenance activities.General Fund street lighting transfers
are exempted from this policy.
I.Revenue Estimates.Departments should budget for revenues based on the best
information available during the annual process. If additional information becomes
available during the budget process, it should be provided to the Finance Director’s Office.
Accuracy in revenue/expenditure estimates iscritical. Subsequent annual estimates should
also take into consideration the actual receipts from the previous year.
J.Pursuit of New Departmental Revenues.Departments shall pursue revenue sources to
the fullest extent possible for all services as well as total cost identification (including
indirect costs) for fee-setting purposes, grants, or other funding opportunities. Any new
revenue sources should be used to offset the cost of existing staff and programs, rather than
funding new staff or programs.Fee schedules will be reviewed annually to ensure costs are
recovered.Fee schedules will be updated as part of the annual budget process.
K.Expenditure Reductions.Reductions in revenues may require expenditure reductions
from the “base budget” level. If reductions are required, the City Administrator will be
guided by the City Council’s adopted Resource Reduction Strategy (See Section 19).
L.New Discretionary Programs.New discretionary programs,deemed a high priority
activity, may be included in the Proposed Budget with the prior approval of the City
Administrator.If programs are added/expanded, an evaluation will be made on the impact
to supporting services (e.g. information, finance, facilities, human resource, budget, etc.).
Anyincreases in overhead servicesattributed to additional programs shall be included in
the analysis of the total cost of new programs.
Should outside funding for a program expire, the program may be terminated by the City
Administrator or the City Council.
M.Full Cost Recovery.City staff shall make every effort to assign costs where they occur
through the use of interdepartmental/interfund charges and indirect cost percentage
assignments. The intent is to clearly define the actual cost of each direct service the City
provides internally or externally. The first priority is the recovery of overhead costs from
all funds and grant programs.
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N.Annual Budget Savings.To the extent General Fund supported departments experience
savings during the year (due to position vacancies, etc.) that money shall be designated
first to meeting the established contingency and reserve levels. Should the contingency and
reserve levels be met, any remaining savings may be allocated towards the PERS Reserve
and/or one time projects as determined by the City Administrator.
SECTION 4. NON-GENERAL FUND / UTILITY BUDGETS(DEDICATED)
A.Bottom-Line Emphasis.For activities or programs funded primarily from non-General
Fund sources, departments are to prepare “base budgets” with a goal of holding any
General Fund contribution to no more than the amount provided in the currentfiscal year,
subjectto the availability of funds. Whenever possible, reductions in General Fund
contributions should be achieved.
B.No Backfilling. General Fund discretionary dollars will not be used to backfill any loss in
water and/or sewer City utility revenue,state-shared or federal revenues, grants,or
dedicated funding programs (for further information, see the Resource Reduction
Strategy).
C.Revenue Estimates.Departments should budget for revenues based on the best
information available at the time the budgets are prepared. If additional information
becomes available during the budget process, it shall be provided to the Finance
Department. New revenues should be estimated based on available informationforthe first
year. Subsequent annual estimates should also take into consideration actual receipts from
the previous year.
D.Overhead Cost Allocation Charges.All non-General Fund departments should budget
the amount allocated to that department.
E.Cost Efficiency.As with the General Fund, staff responsible for non-General Fund budgets
will prepare fiscally conservative budgets,and will seek savings wherever a balance
between cost efficiency and the quality of public service can be achieved.
F.Utility Revenue Allocations.It is the policy of the City of Woodburn that revenue
generated by City-owned utilities will first be used to meet operational expenses, and
subsequently fund capital projects in a manner consistent with Woodburn’sCapital
improvement plans and operating requirements.
G.Utility Rates.The City will maintain utility rates at a level thatensuresthat all debt service,
operating,and capital costs,are adequately recoveredand debt covenant requirements are
met.Capital costs identified in the approved capital improvement plan will be used as the
basis for forming the capital costs recovery portion of utility rates.
H.System Development Charges.As permissible under state law, the City will pursue the
recoveryof infrastructure-related development costs relating to water, sewer, street, storm,
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and parks. These costs will be delineated via a defensible methodology, which will be
revisedfrom time to time to ensure accuracy.
SECTION 5. FUND RESERVES &CONTINGENCIES
A.PERS Side Account Savings
. In 2019, the City Council goal of establishing a PERS side
account was achieved with a City contribution of $2,823,043, which received a PERS
match. The City will continue to add resources to the City’s PERS Fund as resources allow,
but will direct any PERS savings to help maintain current service levels. It is the overall
goal of the City tocontinue to increase the balance in the City’s PERS Reserve Fund in
order to make future Side Account contributions.
B.General Fund Contingency. Consistent with Government Finance Officers Association
(GFOA) best practices, at least 20 percent of the General Fund’s operating appropriation
shall be placed into the operating contingency to meet cash flow needs, with a long-term
goal of increasing the reserve to 25 percent as year-end savings occur.In addition, it is the
goal of the City to preserve the contingency balanceto the greatest extent possible.No new
General Fund program or service will be created that diminishes the General Fund
Contingency below established minimum levels.
C.Contingency Replenishment.If contingency funds are expended, an effort will be made
to reduce expenses to retain a minimum of 20 percent General Fund contingency.
D.Shortfall Management Reserve (SMR).The SMR is intended to subsidizefuture
shortfalls estimated in the Five-Year Forecast.If SMR funds are expended, an effort will
be made to replenish funds as savings are identified in the annual budget process.
E.Water & Sewer Fund Contingencies.The Water and Sewer Funds will maintain annual
contingencies of not less than 5%.
F.Equipment Replacement.This fund is for the replacement of vehicles and equipment.
The goal is for City departments to transfer one-tenth the value of its fixed asset inventory
every year as budget allows to ensure future replacement funding is available. Replacement
fund transfers may be limited or delayed in order to preserve operational budgets.
SECTION 6. GRANT APPLICATIONS(ALL FUNDS)
A.Approval to Pursue.The City Administrator’s approval is necessary before any employee
pursues lobbying efforts on matters having budget implications, and before grant
applications are submitted to the granting agency. Department Heads should advise the
City Administrator before official positions are taken on matters that might have budget
implications.
B.General Fund Matching Funds.Upon approval by the City Administrator, matching fund
requirements will be presented to the City Council for final approval.
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SECTION 7. NEW POSITIONS, PROGRAMS,AND OVERTIME(ALL FUNDS)
A.Base Budget & New Positions.Departments are to prepare “base budgets” with no new
regular positions unless specifically authorized by the City Administrator in advance of
budget preparations. Reorganizations of departments or programs resulting in changes in
staffing or positions maybe considered if the change is cost-neutral or cost savings from
the current costs.No position compensation or increase will be provided beyond the
amounts budgeted for the position without prior approval from the City Administrator.
B.Considerations of New Positions/Programs
.Unless otherwise authorized by the City
Administrator, consideration of new programs and positions will occur only if the cost of
the position or program is offset by non-General Fund sources legally tied to the new
position or if the cost of the position is offset by new external revenues,reductions within
existing fundsand/or the position is required to generate those revenues.Cost estimates for
new positions will include office facility space, equipment, rent, utilities, supplies, related
increases in overhead services, etc.
Additional personnel or programs shall be requested only after service needs have been
thoroughly documented or after it is substantiated that the new employees will result in
increased revenue or enhanced operating efficiencies.
C.Annual Overtime Budgets.Departments will anticipate their annual overtime costs to be
included inthe proposed budget.Once the budget is adopted, overtime costs are to be
managed within adopted levels.No overtime costs can exceed budgeted levels without first
obtaining the authorization of the City Administrator.
SECTION 8. MID-YEAR BUDGET REDUCTIONS
A.Revised Revenue or Expense Estimates.If additional information concerning revenue
reductions or significant expense increases becomes available after the start of the fiscal
year, it may be necessary to make budget adjustments.These adjustments will be made in
accordance with the City Council’s adopted Resource Reduction Strategy.
SECTION 9. MID-YEAR REQUESTS, CONTINGENCY(ALL FUNDS)
A.Non-Emergency Requests.In those cases where a department is required to absorb an
unanticipated cost beyond its control of a non-emergency nature, departmental resources
must first be exhausted prior to a transfer from General Fund contingencies. Upon
conducting a final financial review of departmental budgets towards the end of the year, a
transfer from contingency will bepresented to the City Council through a budget resolution
or supplemental budget.
B.Emergency Requests.Emergency requests during the fiscal year will be submittedto the
City Administratorfor recommendation and forwarded to the City Council for
consideration.
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SECTION 10.COMPENSATION & BENEFITS (ALL FUNDS)
A.Wage Policy.Historically, the biggest factors forcing budget growth are increases in
employee compensation and increased benefit costs. The City will have a compensation
and benefits program that: 1) reflects the value of work performed by our employees, 2)
compares favorably with the compensation and benefits paid for similar work in both the
private and public sectors, and 3); considers the community’s ability to pay. Both our
employees and the public must understand the mutual respect that such a policy warrants.
B.Health Care & PERS Costs
.Continue the City’s policy on wageincreaseswhich evaluate
the cost of health insurance and PERS contributions as part of the total compensation
package. It is the goal of the City to reduce annual escalations of health insurance, and
other benefit costs by getting the employees to bear an equitable portion of the annual
premium increases and/or selecting lower cost-benefit programs.
C.Cost of Living Adjustments (COLA).The City Administrator will make a
recommendation either to include, or not include, a COLA for non-represented employees
in the Proposed Budget. COLAs included in the Proposed Budget are considered and
approved by the Budget Committee and City Council as part of the budget process. COLAs
or other compensation provided for in collective bargaining agreements will be provided
for in the annual Proposed Budget.
D.Step Adjustments.Budgeted personnel services expenditures will include an amount to
account for annual step adjustments for all employees who are not currently at the top of
their range. Annual employee step adjustments will not exceed 5% without the expressed
permissionof the City Administrator.
SECTION 11.BUDGET CONTROLS
A.Legal Compliance.The City Administratorand Finance Director will continue to review
and control departmental budgets at the appropriation level.
B.Personnel Services & Benefits
.With the exception of overtime pay and temporary help
accounts, which shall be developed by Department Heads with the adviceof the Finance
Director and the approval of the City Administrator, personnel services and benefits cost
calculations will be provided by the City Administrator and the Finance Director and will
be used as provided. The City Administrator and the Finance Director will also provide
estimates for insurance and internal service expenses.These amounts will not be altered by
Department Heads.
C.Wages & Benefit Control. Positions not entitled to receive benefits will be managedin a
manner that keeps them below mandatory benefit thresholds(such as PERS, health
insurance, etc.).Positions will only be eligible for benefits if approved by the City
Administrator and/or designated in Job Descriptions. All benefit costs must be anticipated
and included in the annual Budget.
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D.One-Time Revenues. One-time revenues will be used only for one-time expenses.
SECTION 12.UNAPPROPRIATED ENDING FUND BALANCES(ALL FUNDS)
A.Limit UnappropriatedEnding Fund Balances.To provide the most budget flexibility
during the year, the City will limit the use of unappropriated ending fund balances to
circumstances where they are required by law.Rather than use unappropriated fund
balances, the goal should be to place any monies not needed for current expenditures in the
relevant funds’ operating contingencies or a City Council approved reserve.
SECTION 13.CAPITAL IMPROVEMENT GUIDELINES
A.Capital Improvement Program.A 6-year Capital Improvement Program will be adopted
as partof the annual budget process. It will include all projects anticipated to be initiated
and/or delivered in the 6-year planning period. The Capital Improvement Programwill be
consistent with the City’s adopted Capital Improvement Master Plans.Funding availability
will determine the rate at which Capital Improvement Program projects are initiated or
completed.
B.Exceptions.The City will fund dedicated programs and services with dedicated funding
sources. Exceptions may be made, on a case-by-case basis, by the Budget Committee, City
Council, or by the City Administrator if appropriate.One criterionwill be whether the City
would incur more costs elsewhere as a result of the reduction.
C.Capital Planning Consideration.Recognizing that it does not necessarily make sense to
fund current operations at the expense of long-term capital or planning programs, every
effort will be made to continue capital and planning programs geared to the City’s long-
term needs.
SECTION 14. DEBT ISSUANCE (ALL FUNDS)
A.Debt Issuance.The City will issue debt in accordance with the adopted Master Debt
Resolutions for Sewer and Water. General Obligation debt will only be issued in
compliance with state statutes. Debt will only be issued (for all fund types) when a
dedicated resource is available to meet the required debt service and reserve.
No debt will be issued without the approval of the City Administrator and authorization of
the City Council.
B.Interfund Transfers.Interfund transfers are allowed if the City Council determines the
transfer to be in the best interest of the City. All interfund transfers will be managed
consistent with state budget law.
C.Debt Compliance. On an annual basis the Finance Director and shall ensure that annual
reporting requirements have been met and will review the condition of the corresponding
debt funds to ensure compliance with existing financing agreements.
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SECTION 15. DEBT REFINANCING/REFUNDING
A.Debt Refinancing/Refunding. From time to time, the City Council and/or the City
Administrator may direct the Finance Director to determine the feasibility of
refinancing/refunding existing debt. Refinancing may include restructuring to meet
unanticipated revenue expectations, achieve cost savings, mitigate irregular debt service
payments, release reserve funds, or remove unduly restrictive bond covenants.
B.Responsibility
.The Finance Director, with the assistance of consultants as needed, shall
have the sole responsibility for conducting the analysis of outstanding bond debt for
refinancing/refunding opportunities that may be presented by underwriting and/or financial
advisory firms and making a recommendation to the City Administrator.
C.Term of Refinancing/Refunding Issues.The City may refund bonds within the term of
the originally issued debt. However, the City may consider maturity extension, when
necessary to achieve a desired outcome, provided that such extension is legally permissible.
The City may also consider shortening the term of the originally issued debt to realize
greater savings. The remaining useful life of the financed facility and the concept of inter-
generational equity should guide this decision.
D.Analysis and Report. The City will evaluate each refinancing/refunding candidate on a
case-by-case basis. When analyzing possible refinancing/refunding opportunities: the City
establishes a guideline net present value savings threshold goal of three percent (3%) of
the refinanced/refunded bond principal amount. The net present value savings will be net
of all related issuance costs. In addition, the Finance Director will make a full report on the
potential saving generated and any financial risk associated with refinancing/refunding the
debt.
SECTION 16.INVESTMENTS
A.Administration.The Finance Department will be responsible for the administration of the
City’s investments.
B.Compliance.Investment of City funds will be in compliance with applicable sections of
ORS 294,will be limited to cash balances not immediately necessary to fund operations,
and will be limited to eighteen-month maturity or less.
C.Objectives. Investment objectives, in priority order, are:
1.Safety: Preserving the principal balance by investing in legally authorized securities
that limit the risk of loss, and reduce custodial risk through the use of a third-party
custodian who will hold securities in the City’s name evidenced by contract and
monthly statements;
2.Liquidity: Investments will remain sufficiently liquid to meet all operating
requirements that may be reasonably anticipated; and
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3.Yield: The investments shall be made with the objective of attaining a market rate of
return, which takes into account investment risks and liquidity needs.
D.Authorized Investments
. As allowed by ORS 294.035 and 294.810, include:
1.Deposits in insured institutions or credit unions in compliance with ORS;
2.Oregon Short-Term Funds (OSTF)/Local Government Investment Pool (LGIP); and
3.U.S. Treasury and Government Agency Obligations, which are lawfully issued general
obligations of the United States and whose payment is guaranteed by the United States
Government.
E.Investment Management and Reporting.
1.Methods: Except where legally required to hold separate funds, the City will
consolidate cash balances from all funds to maximize investment earnings. Net
investment income will be allocated to the various funds based on generally accepted
accounting principles.
2.Reporting: On a monthlybasisthe City Council will receive a report outlining the
investment balances, securities held, maturity dates, and status of compliance with the
investment policy.
SECTION 17. ANNUAL FINANCIAL AUDITS
A.Annual AuditRequired.The Oregon Municipal Audit Law (ORS 297.405 – 297.555)
requires a financial audit and examination be made of the accounts and financial affairs of
the City at least once a year. Consistent with State law, the City of Woodburn will conduct
an annual independent audit of the preceding fiscal year.
B.Audit Standards
.Woodburn’s annual financial audits will be conducted in accordance
with auditing standards generally accepted in the United States. Those standards require
that an independent auditor plan and perform the audit to obtain reasonable assurance about
whether the basic financial statements are free of material misstatement. The audit will
examine, on a test basis, evidence supporting the amounts and disclosures in the basic
financial statements. Theaudit will also assess accounting principles used and significant
estimates made by management, as well as evaluating the overall basic financial statement
presentation. The audit will contain an assessment of the City’s internal financial controls
and procedures to make any necessary recommendations for improvement.
C.Finance Director and City Administrator Oversight.It will be the responsibility of the
Finance Director and the City Administrator to oversee the annual audit process.
D.Preparation of Financial Statements. When feasible, City staff will prepare and provide
annual financial statements to the auditor’s satisfaction.If staffing levels or other barriers
exist to internal preparations of financial statements, the City Administrator may authorize
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the auditor’s preparation of financial statements for the purposes of completing the annual
audit on time.
E.Audit Deadlines & Extensions.Per Section 17(F), the annual audit will beprovided to
the City Council no later than December 31.Consistent with State law, the annual audit
will also be filed with the Oregon Secretary of State’s Audit Division no later than
December 31. Any and all requests for audit filingor presentationextensions must be
approved by both the City Administrator and the auditor. In the event that an audit filing
extension is requested and/or granted, the City Administrator will inform the City Council
of the reason for the extension request and an estimated time line for completing,
presenting, and filing the audit.
F.Audit Presentation to Council
.The annual audit findings will be presented to the
Woodburn City Council during a regularly scheduled City Council meeting by a
representative of the audit firm. All audits presented to the City Council must be complete
and signed by a representative of the audit firm.
G.Budget Committee Review. A copy of the annual financial report will be provided to the
Woodburn Budget Committee for their review.
SECTION 18.PROGRAMS
A.Discretionary Programs.To the extent discretionary resources are available, high priority
services areas will be slated for growth.Lower priority service areas will receive constant
or decreasing discretionary support.Based on the direction of the City Council,
discretionary programs are identified, and prioritized, as follows:
Police Patrol & Public Safety
Police Support Services
Financial Services
Legal Services
Land Use Planning
Economic Development
Code Enforcement
General Administration
Library
Aquatic Center
Recreation Programming
Parks and Park/Tree Maintenance
Other General Fund Supported Non-Essential Program & Services
Computer/Network transfers (new and replacements of equipment and servers)
Discretionary Transfers (i.e. Transit, Streets, RSVP, etc.)
Community Services (i.e. flower baskets, TOT Grants – where permissible, etc.)
Intergovernmental Agreements that provide no direct offsetting revenues
SECTION 19.RESOURCE REDUCTION STRATEGY(ALL FUNDS)
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A.Goal & Reduction Approach. When faced with a potential reduction in resources, the
City’s goal is to continueto provide services in a professional, effective and efficient
manner. Consequently, to the extent possible, across-the-board reductions in expenditures
will be avoided.
B.Case-by-Case Consideration. Reductions will be made on a case-by-case basis, focusing
on each individual program or service.If possible, the reduction will be made proportional
to the programs and services identified by the City Council.
C.Moderation When Possible.If, as a result of aloss of a significant amount of discretionary
resources, expenditure reductionsbecome necessary they will be made onamoderate case-
by-case basis to discretionary supported programs and services.
D.Discretionary Contributions.If further reductions are required, any discretionary funding
that supplements or supports services mostly supported with dedicated resources will be
reduced or eliminated. This may apply to programs or activities expanded or started with
discretionary resources within the last few years.Exceptions may be made on a case-by-
case basis by the City Council.
E.Furlough Days.If personnel budget/salary savings are required, the City may consider a
reduced workweek or furlough days prior to laying off staff.
F.Consideration List. Programs funded by discretionary resources will be reduced or
eliminated as needed. Legal restrictions or the City’s ability to maintain minimal service
levelswill be considered.The City Administrator can determine the appropriate level of
consideration at his/her sole discretion when making mid-year reductions or comprising
the annual budget proposal. Based on the direction of the City Council, the order of City
service areas to be considered for reductions are:
Intergovernmental Agreements that provide no direct offsetting revenues
Community Services (i.e. flower baskets, TOT Grants – where permissible, etc.)
Discretionary Transfers (i.e. Transit, Streets, RSVP, etc.)
Computer/Network transfers (addition or replacement of computers and servers)
Other General Fund Supported Non-Essential Program & Services
Parks and Park/Tree Maintenance
Recreation Programming
Aquatic Center
Library
General Administration
Code Enforcement
Economic Development
Land Use Planning
Legal Services
Financial Services
Police Support Services
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Police Patrol & Public Safety
G.Indirect Costs
. The City’s overhead programs will not be prioritized butwill be sized to
the need and size of the overall organization. Generally, wherever possible, the City’s goal
is to make fee-supported programs self-sufficient.This includes recovering those
programs’ appropriate shareof the City’s overhead costs. If reductions occur, then indirect
costs will be sized to the needs and size of the rest of the organization.
The Transit Fundindirect costs will be per the federally allowed de minimis overhead rate
of 10 percent.
H.Dedicated Funding for Programs.Where legally possible, the City will consider using
dedicated resources to fund high priority programs related to the purpose for which the
dedicated funds are received.
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