Res 1821 - Interchange Agr 22933
COUNCIL BILL NO. 2607
RESOLUTION NO. 1821
A RESOLUTION ENTERING INTO WOODBURN INTERCHANGE AGREEMENT NO.
22933 WITH THE ST ATE OF OREGON AND AUTHORIZING THE CITY
ADMINISTRATOR TO SIGN SUCH AGREEMENT.
WHEREAS, the State of Oregon acting through the Oregon Transportation
Commission is authorized to enter into agreements for the performance of any or all
functions and activities that a party to the agreement, its officers, or agents have the
authority to perform pursuant to ORS 190.110, and
WHEREAS, the 1-5 Woodburn Interchange and OR 214/219 are part of the state
highway system and under the jurisdiction of the Oregon Transportation Commission, and
WHEREAS, the State of Oregon, Department of Transportation, and the City of
Woodburn intend to make a major investment in improving the 1-5 Woodburn Interchange
and OR 214/219 in the vicinity of the interchange, and
WHEREAS, the State of Oregon, Department of Transportation, and the City of
Woodburn are committed to protect this investment and preserve the function, operations
and capacity of the 1-5 Woodburn Interchange and OR 214/219 in the vicinity of the
interchange, and
WHEREAS, the State of Oregon, Department of Transportation, and the City of
Woodburn have developed a variety of documents including an interchange management
plan, an updated land use plan and related ordinances to provide direction for this
investment and to allow the improved 1-5 Woodburn Interchange to function acceptably
through the forecast 20-year planning horizon, and
WHEREAS, the State of Oregon, Department of Transportation, and the City of
Woodburn have developed an agreement to jointly monitor and evaluate the function,
operations and capacity of the 1-5 Woodburn Interchange through an Interchange
Management Overlay District, NOW THEREFORE;
Page 1-
COUNCIL BILL NO. 2607
RESOLUTION NO. 1821
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into Woodburn Interchange Agreement
No. 22933, which is affixed as Attachment "A" and by this reference incorporated herein,
with the State of Oregon acting by and through the Oregon Department of Transportation.
Section 2. That the City Administrator of the City of Woodburn is authorized to sign
said agreement on behalf of the City.
Approved as to form:cn - ryva-~
City Attorney
//7/200b
Date
Passed by the Council
Submitted to the Mayor
January 23, 2006
January 25, 2006
Approved by the Mayor
Filed in the Office of the Recorder
January 25, 2006
January 25, 2006
ATTEST:
J!] ~
Mary ~ant, Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO. 2607
RESOLUTION NO. 1821
January 11 . 2006
ATTACHMENT A
Page..l- of ~
Misc. Contracts & Agreements
No. 22,933
INTERGOVERNMENTAL AGREEMENT
Woodburn Interchange
City of Woodburn
THIS AGREEMENT is made and entered into by and between THE STATE OF
OREGON, acting by and through its Department of Transportation, hereinafter referred
to as "ODOT," and the CITY OF WOODBURN, acting by and through its designated
officials, hereinafter referred to as "CITY."
RECITALS
1. By the authority granted in ORS 190.110, state agencies may enter into agreements
with units of local government for the performance of any or all functions and
activities that a party to the agreement, its officers, or agents have the authority to
perform.
2. Interstate 5 (1-5), Oregon 214 and Oregon 219 (also known as Hillsboro-Silverton
Highway) are a part of the state highway system and under the jurisdiction and
control of the Oregon Transportation Commission.
3. ODOT and City intend to make a major investment in improving the 1-5 Woodburn
Interchange and Oregon 214/219 in the vicinity of the Woodburn Interchange.
4. ODOT and City are committed to protect this investment and preserve the function,
operations and capacity of the Woodburn Interchange to safely accommodate
statewide and regional travel through City along 1-5 and between City and 1-5 via
Oregon 214/219, and to support City's industrial job creation and growth objectives
as expressed in its 2005 Comprehensive Plan.
5. OOOT and City have developed a variety of documents including an interchange
area management plan, an updated land use plan and related ordinances to provide
direction for this investment and keep it functioning acceptably through the forecast
20-year planning horizon.
6. These actions are expressed in the City's 2005 Comprehensive Plan, Transportation
System Plan (TSP), Woodburn Development Ordinance 2.116 (WOO), and in the
Woodburn Interchange Area Management Plan (lAMP).
7. WOO, Section 2.116, entitled Interchange Management Area (IMA) Overlay District
and provided as Exhibit A, sets development thresholds and performance standards
for an area identified in the 2005 Woodburn TSP and labeled Figure 9-1 IMA
Overlay District, provided as Exhibit B.
8. The Woodburn lAMP is scheduled to be adopted by the Oregon Transportation
Commission and identifies implementation of the standards and thresholds of the
IMA Overlay District as a key component of the lAMP. The lAMP identifies that the
City of Woodburn/OOOT
Agreement No. 22,933
ATTACHMENT A
page...2:.-. of , 1
City is responsible for implementing the provisions of the WOO Section 2.116, IMA
Overlay District.
9. Section 2.116.05 of the WOO has provisions that call for development within the
IMA Overlay District to be jointly monitored and evaluated by the City and OOOT on
an ongoing basis.
NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it
is agreed by and between the parties hereto as follows:
TERMS OF AGREEMENT
1. OOOT and City enter into this Agreement to establish and define procedures for
periodically monitoring and evaluating the implementation of the City's TSP and
WOO within the IMA Overlay District, fulfill OOOTs transportation system
management objectives by preserving interchange capacity and to support the City's
industrial job creation objectives as stated in the Woodburn Comprehensive Plan.
2. OOOT and City agree that the costs for undertaking the activities needed to
administer, monitor, and evaluate the IMA Overlay District development shall be
individually borne by each and that no funds shall be exchanged to fulfill the terms
of this Agreement, although OOOT technical assistance will be available to the City
to help collect data and conduct analysis needed to administer the Overlay District.
3. OOOT and City agree that this Agreement may be amended if the premises or
conditions upon which it is based change. Any amendment shall be collaboratively
developed by City and OOOT.
4. OOOT and City agree that this Agreement shall be in force until build out of the IMA
Overlay District area is complete (meaning that all land within the overlay zone is
developed or has been committed for development through development
approvals), except as provided in the General Provisions section below.
CITY OBLIGATIONS
1. City shall amend its land use action application forms to provide a simple and direct
machanism for staff to collect traffic data needed to track development in the IMA
Overlay District. City shall coordinate with ODOT in the development of its amended
land use action application forms. City shall review all land use applications for any
tax lot listed in Exhibit A, Table 2.116.1 Vehicle Trip Budget by Parcel, and make a
determination of PM peak hour trips that will be generated by the development
based on the Traffic Impact Analysis, if required, or an assessment of trip
generation potential made by the City Engineer in accordance with the most recent
version of the Institute of Transportation Engineer's Trip Generation Manual.
2. Traffic Impact Analyses, when required, shall be prepared in accordance with
ODOTs Traffic Impact Analysis Guidelines.
2
City of Woodburn/ODOT
Agreement No. 22,933
ATTAC~MENT A
Page. of ~
3. Land use applications to be reviewed and assessed for trip budget calculations
include commercial, industrial, public, and semi-public land use applications. The
City will also assess vehicle trips resulting from building permits for new residential
construction, by housing type within the IMA Overlay District.
4. City shall maintain an electronic ledger of all trips expected to be produced by land
use approvals or building permits for new construction for all tax lots identified in
Exhibit A, Table 2.116.1 within the IMA Overlay District and the ledger shall be
organized by tax lot, address, and zoning designation. The City shall also maintain
a record of land divisions for tax lots identified in Table 2.116.1 Vehicle Trip Budget
by Parcel, to allow for monitoring of new construction on newly-created lots or
parcels.
5. City shall provide to ODOT an IMA Overlay District Trip Generation Summary
Report every three years for incorporation into ODOT's triennial IMA Evaluation
Report, City shall provide the electronic ledger annually if requested.
6. City shall participate with ODOT in the triennial review and evaluation of
development and traffic growth within the IMA Overlay District.
7. City shall, as required by its development code, notify ODOT of all land use
applications that generate additional traffic within the IMA Overlay District and shall
fulfill all current requirements to collaborate with ODOT on matters affecting ODOT
transportation facilities.
8. The Woodburn City Public Works Program Manager, currently Randy Rohman, shall
be the principal contact within the City for matters relating to this Agreement and
oversight and maintenance of the trip budget ledger. City shall notify ODOT in
writing of any changes affecting this principal contact.
ODOT OBLIGATIONS
1. ODOT shall maintain traffic volume and crash data for ODOT transportation facilities
within the IMA Overlay District sufficient to support the triennial evaluation process.
2. ODOT shall collect and maintain traffic volume data for Marion County and City
transportation facilities as necessary within the IMA Overlay District or its proximity
as needed to support the triennial evaluation process. This may, at the discretion of
ODOT, include an origin-destination survey.
3. ODOT shall prepare a trienniallMA Evaluation Report using its own traffic and crash
data and the land use data provided by the City.
4. ODOT shall, in collaboration with the City, develop and provide to the City an
electronic trip generation ledger for use in tracking and monitoring the IMA Overlay
District trip budget.
5. ODOT shall provide technical support to the City to assist in evaluating and
amending all applicable local land use application forms to support monitoring and
maintenance of the IMA trip budget ledger.
3
City of Woodburn/ODOT
Agreement No. 22,933
ATTACf1MENT A
Page ~ of:Ei::::
6. ODOT shall, upon request from the City, be available to consult and provide input
regarding the assessment of potential trip generation and maintenance of the IMA
Overlay District trip generation ledger.
7. ODOT shall, upon request from the City, be available as needed to consult and
provide input regarding the effect of implementing Transportation Demand
Management (TOM) measures pursuant to WOO Section 2.116.08.C.
8. ODOT shall provide comments on completed Traffic Impact Analyses within 30 days
of receiving them from the City as prescribed by WOO Section 2.116 of the IMA
Overlay District.
9. ODOT shall participate with City in the triennial review and evaluation of
development and traffic growth within the IMA Overlay District.
10.0DOT shall notify the City of any proposed amendments to the Woodburn lAMP
and shall collaborate with the City in developing any such changes.
11.0DOT's Area 3 Planner, currently Dan Fricke, shall be the principal contact within
ODOT for matters relating to this Agreement. ODOT shall notify the City in writing of
any changes affecting this principal contact.
JOINT OBLIGATIONS
1. ODOT and City agree that development within the IMA Overlay District shall be
jointly monitored and evaluated by ODOT and the City.
2. ODOT and City agree that each party shall collect and maintain the information
needed to conduct periodic evaluations of the IMA Overlay District in accordance
with the specific obligations for each as described in this Agreement.
3. ODOT and City agree that periodic evaluations shall take place every three (3) years
beginning in October 2008.
4. ODOT and City agree that the triennial IMA Evaluation Report prepared by ODOT
shall be the basis for evaluating the implementation of the WDO Section 2.116, IMA
Overlay District.
5. OOOT and City agree that the provisions of the WOO Section 2.116, IMA Overlay
District may change periOdically in response to information gained through the
periodic monitoring and evaluation process. ODOT shall be provided notice of any
proposed change and any change shall be collaboratively developed by City and
ODOT.
GENERAL PROVISIONS
1. This Agreement may be terminated by either party upon 30 days' notice, in writing
and delivered by certified mail or in person. Either party may terminate this
4
City of Woodburn/OOOT
Agreement No. 22,933
~~:~~~~
Agreement effective upon delivery of written notice to the other party under any of
the following conditions:
a. If the other party fails to provide services called for by this Agreement within the
time specified herein or any extension thereof.
b. If the other party fails to perform any of the other provisions of this Agreement or
so fails to pursue the work as to endanger performance of this Agreement in
accordance with its terms, and after receipt of written notice fails to correct such
failures within 10 days or such longer period as the aggrieved party may
authorize.
c. If either party fails to receive funding, appropriations, limitations or other
expenditure authority at levels sufficient to pay for the work provided in the
Agreement.
d. If Federal or State laws, regulations or guidelines are modified or interpreted in
such a way that either the work under this Agreement is prohibited or if either
party is prohibited from paying for such work from the planned funding source.
2. Any termination of this Agreement shall not prejudice any rights or obligations
accrued to the parties prior to termination.
3. This Agreement and attached exhibits constitute the entire agreement between the
parties on the subject matter hereof. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this Agreement. No
waiver, consent, modification or change of terms of this Agreement shall bind either
party unless in writing and signed by both parties and all necessary approvals have
been obtained. Such waiver, consent, modification or change, if made, shall be
effective only in the specific instance and for the specific purpose given. The failure
of OOOT to enforce any provision of this Agreement shall not constitute a waiver by
OOOT of that or any other provision.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their
seals as of the day and year hereinafter written.
The Oregon Transportation Commission on June 18, 2003. approved Delegation Order
No.2, which authorizes the Director to approve and execute agreements for day-to-day
operations. Day-to-day operations include those activities required to implement the
biennial budget approved by the Legislature, including activities to execute a project in
the Statewide Transportation Improvement Program.
Signature Page to Follow
5
-
City of Woodburn/GOaT
Agreement No. 22,933
~:~:~r~~l fl
On November 10, 2004, the Director of the Oregon Department of Transportation
approved Subdelegation Order No.2, in which the Director delegates authority to the
Region Managers authority to approve and sign agreements up to $75,000 when the
work is related to a project included in the Statewide Transportation Improvement
Program, other system plans approved by the Oregon Transportation Commission or in
a line item in the biennial budget approved by the Director.
CITY OF WOODBURN, by and through its STATE OF OREGON, by and through
designated officials its Department of Transportation
By
By
Region 2 Manager
Title
Date
Date
APPROVAL RECOMMENDED
By
By
Region 2 Planning and Development
Manager
Title
Date
Date
APPROVED AS TO FORM
By
City Legal Counsel
APPROVED AS TO LEGAL
SUFFICIENCY
By
Assistant Attorney General
Date
Agency Contact:
City Public Works Program Manager
City of Woodburn
270 Montgomery Street
Woodburn OR 97071
Date:
6
T
ATTACHMeNT~
Page.-1--. of. I">
I EXHIBIT A I
(The following Section 2.116 is a new proposed zoning district)
2.116
Interchange Management Area (IMA) Overlay
District
2.116.01
Purpose
The purpose of this overlay district is to preserve the long-term capacity of
Woodburn's 1-5 Interchange with Highway 214, in coordination with the Oregon
Department of Transportation (ODOT).
Preserving the capacity of this interchange is an essential element of the City's economic
development strategy, because continued access to 1-5 is necessary to attract and maintain
basic employment within the Woodburn Urban Growth Boundary (UGB). Section 2.116
complements the provisions of the Southwest Industrial Reserve (SWIR) District by
ensuring that industrial land is retained for targeted basic employment called for in the
Woodburn Economic Opportunities Analysis (EOA) and the Economic Development
Strategy (EDS). Section 2.116 also ensures that needed industrial, commercial and
residential land within the IMA Overlay District is protected from commercial
encroachment.
These goals are met by establishing trip generation budgets as called for in
Transportation Policy H-7.1 of the Woodburn Comprehensive Plan. The parcel budgets
are intended to be high enough to accommodate peak hour trips anticipated by the 2005
Woodburn Comprehensive Plan (WCP) and Transportation Systems Plan (TSP), but low
enough to restrict unplanned vehicle trips that could adversely affect the interchange.
2.116.02
Boundary of the IMA Overlav District
The boundary of the lMA Overlay District is shown on the Woodburn Comprehensive
Plan Map and Zoning Map.
2.116.03
Applicabilitv
The provisions of Section 2.//6 shall apply to all Type 11- V land use applications that
propose to allow development that will generate more than 20 peak hour vehicle trips
(based on the latest Institute of Transportation Engineers Trip Generation Manual) on
parcels identified in Table 2.116.1. The provisions of Section 2.116.07 shall apply to all
properties within the boundary of the IMA.
Woodburn De~'elopmen( Ordinance rWDOj
ATTACHMENT A___
page~of~
2.116.04
Vehicle Trio Budl!ets
Section 2.116 establishes a total peak hour trip generation budget for planned
employment (commercial and industrial) land uses within the Interchange Management
Area - defined as the IMA Trip Budget, and a trip budget for each vacant commercial or
industrial parcel - defined as the parcel budget.
A. The IMA District Trip Budget
The IMA Trip Budget for vacant commercial and industrial parcels identified in
Table 2.116.1 is 2,500 peak hour vehicle trips (An estimated 1,500 additional
peak hour residential trips are planned within the IMA District). The IMA Trip
Budget will be allocated to parcels identified in Table 2.1/6.1 on a first developed
- first served basis.
B. 2005 (Initial) Vehicle Trip Budget by Parcel
The parcel budget for each vacant commercial or industrial parcel within the IMA
Overlay District is shown on Table 2.116.1. Parcel budgets are based on II peak
hour trips per developed industrial acre, and 33 peak hour trips per developed
commercial acre.
I. The parcel budget for each parcel will be reduced in proportion to actual
peak hour vehicle trips generated by new development on any portion of
the parcel.
2. The City may allow development that exceeds the parcel budget for any
parcel in accordance with Section 2.116.08.B.
(Table on next page.)
Woodburn Development Ordinance {W/JOI
ATTAC~ENT -A ~
Page of ~
T bl 2 116 1 V h" IT" B d b P
I (P
I B d t)
a e " " " e IC e rtp u Iget)y arce arce u Ige
Assessor Map and Applicable Comprehensive Plan Vacant Maximum Peak
Tax Lot Number Designation Buildable Hour Vehicle
Acres Trips
052W II 00300 SWIR 88 968
052W13 01100 SWIR
052WI401500 96 1056
052WI401600
052W 14 00200 SWIR 22 242
052WI400600
052 W 14 00800
052WI400900 SWIR 109 1199
052W 1401000
052WI401100
052WI401200 SWIR 4 44
052W23 00100 SWIR 46 506
052WI2AC 04301 Commercial 2 66
052WI2C00604 Commercial I 33
052WI2C 00605 Commercial 3 99
052WI2C02100 Commercial 7 231
052WI2C02200 Commercial 6 198
052W 12C 02300 Commercial 7 231
052WI2C02400 Commercial 2 66
052W 13 01600 Commercial 5 165
052WI402000 Commercial 8 264
052WI402100 Commercial 5 165
052 W 14 02300 Commercial 6 198
052W13BD 00900
(westerly portion)
052W13BD 01500 Nodal Commercial 9 297
052WI3BD 01600
052W 13BD 01700
052W13BD01800
Woodhurn Development Ordinance {WDOl
..
ATTACHMENT~
Page~ of I
2.116.05
Administration
Section 2.116 delineates responsibilities of the City and ODOT to monitor and evaluate
vehicle trip generation impacts on the 1-5 interchange from development approved under
this section.
A. Traffic Impact Analysis (TIA)
A TIA is required for all land use appl ications subject to the provisions of Section
2.116. The standards for preparing a TIA are found in Exhibit Q, Transportation
Impact Analysis Requirements. The TIA must meet City and ODOT
administrative rule (OAR Chapter 734, Division 51) requirements and shall
include an evaluation and recommendation of feasible transportation demand
management (TDM) measures that will minimize peak hour vehicle trips
generated by the proposed development.
B. ODOT Coordination
For a land use application subject to the provisions of Section 2.116:
I. The City shall not deem the land use application complete unless it
includes a TIA prepared in accordance with Exhibit Q, TIA Requirements.
2. The City shall provide written notification to ODOT when the application
is deemed complete. This notice shall include an invitation to ODOT to
participate in the City's facilities review meeting.
3. ODOT shall have at least 20 days to provide written comments to the City,
measured from the date the completion notice was mailed. IfODOT does
not provide written comments during this 20-day period, the City's
decision may be issued without consideration ofODOT comments.
C. City Monitoring Responsibilities
The details of City and ODOT monitoring and coordination responsibilities are
found in the Woodburn - ODOT Intergovernmental Agreement (IGA).
I. The City shall be responsible for maintaining a current ledger
documenting the cumulative peak hour trip generation impact from
development approved under Section 2.//6, compared with the IMA Trip
Budget.
2. The City may adjust the ledger based on actual development and
employment data, subject to review and concurrence by ODOT.
Woodhurn Development Ordinance {WDOI
r
A
ATTACHMENT I"'"
Page -'.1_ of /
3. The City will provide written notification to ODOT when land use
applications approved under Section 2.116, combined with approved
building pennits, result in traffic generation estimates that exceed 33%
and 67% of the IMA Trip Budget.
D. Vesting and Expiration of Vehicle Trip Allocations
This section recognizes that vehicle trip allocations may become scarce towards
the end of the planning period, as the 1-5 Interchange nears capacity. The
following rules apply to allocations of vehicle trips against the IMA Trip Budget
I. Vehicle trip allocations are vested at the time of design review approval.
2. Vehicle trips shall not be allocated based solely on approval of a
comprehensive plan amendment or zone change, unless consolidated with
a subdivision or design review application.
3. Vesting of vehicle trip allocations shall expire at the same time as the
development decision expires, in accordance with Section 4.102.03-04.
2.116.06
Allowed Uses
A.
Uses allowed in the underlying zoning district are allowed subject to other
applicable provisions of the WOO and Section 2.116.
2.116.07
Comprehensive Plan and Zonin!! Map Amendments
Section 2.116.07 applies to all Comprehensive Plan Map amendments within the IMA
Overlay District. This section does not apply to Zoning Map amendments that result in
confonnance with the applicable Comprehensive Plan Map designation, such as Zoning
Map amendments that occur when land is annexed to the City.
A. Transportation Planning Rule Requirements.
Applications for Comprehensive Plan Map amendments, and for Zoning Map
amendments shall detennine whether the proposed change will significantly affect
a collector or arterial transportation facility, and must meet the requirements of
Oregon Administrative Rule (OAR) 660-012-0060 and WOO Section 5.104.02-
04.
B. Limitations on Comprehensive Plan Amendments.
To ensure that the remaining capacity of the 1-5 Interchange is reserved for
targeted employment opportunities identified in Chapter 4 of the Economic
Opportunities Analysis (EOA) and needed housing, this section imposes the
Woodhurn Development Ordinance /W/JO!
ATTACHMENT ~ ~
Page~. 01_ I
following prohibitions on Comprehensive Plan Map amendments within the IMA
Overlay District:
I. Comprehensive Plan Map amendments that will increase the net
Commercial land area within the IMA Overlay District shall be prohibited.
2. Comprehensive Plan Map amendments that allow land uses that will
generate traffic in excess of the IMA Trip Budget shall be prohibited.
2.116.08
Intcrchanec Capacity Prcscrvation Standards
Land use applications subject to the provisions of Section 2.116 shall comply with the
following:
A. Cumulative Impact Standard. Peak hour vehicle trips generated by the proposed
development shall not, in combination with other approved developments subject
to Section 2.116, exceed the IMA Trip Budget of 2,500.
B. Parcel-Specific Impact Standard. Peak hour vehicle trips generated by the
proposed development shall not exceed the maximum peak hour vehicle trips
specified in Table 2.116.1 for the subject parcel, EXCEPT:
I. Development of uses listed in Table 2./.21 (Section 2./14.03, SWIR Zone
Permitted Uses) may be allowed to exceed the maximum, if the
development will contribute substantially to the economic objectives
found in Chapter 2 of the Woodburn Economic Development Strategy
(EDS).
2. Residential development on a parcel zoned Commercial shall be allowed
to exceed the maximum.
C. Transportation demand management (TDM) measures shall be required to
minimize peak hour vehicle trips and shall be subject to annual review by the
City.
Woodburn Development Ordinance fW/JO/
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Legend
Tax Lots
L ' Overlay Zone
- Roads
N
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5
0 750 1,500 2.250 3.000
Feet
Figure 9-1
Interchange Management Area (IMA)
Overlay District
. CH2MHILL
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