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April 26, 2021 Agenda ERIC SWENSON,MAYOR CITY OF WOODBURN DEBBIE CABRALES,COUNCILOR WARD I ALICE SWANSON,COUNCILOR WARD II CITY COUNCIL AGENDA ROBERT CARNEY,COUNCILOR WARD III SHARON SCHAUB,COUNCILOR WARD IV MARY BETH CORNWELL,COUNCILOR WARD V APRIL 26, 2021— 7:00 P.M. BENITO PUENTE JR.,COUNCILOR WARD VI VIA VIDEO CONFERENCING 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-19 Update 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 503-980-6318 or Statewide To//Free Relay (800) 735-1232, at least 48 hours prior to this meeting. Si usted necesita asistencia especial, comuniquese al 503-980-6322 o a la linea telef6nica gratuita, (800) 735-1232, con un minimo de 48 horas, antes de la reuni6n. **Habra int6rpretes disponibles para aquellas personas que no hablan Ingl6s, previo acuerdo. Comuniquese al (503) 980-6322.** April 26, 2021 Council 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 Meeting minutes of April 12, 2021 1 Recommended Action: Approve the minutes. B. Crime Statistics through March 2021 2 Recommended Action: Accept the report. 9. TABLED BUSINESS None. 10. PUBLIC HEARINGS A. Annexation of approximately 31.13 acres of territory known as the 9 Schultz Farm Property with no street address along the west side of Boones Ferry Rd NE north of Hazelnut Dr. and approval of related land use applications for development into the "Dove Landing" Planned Unit Development (ANX 2020-03 & PUD 2020-02) Recommended Action: Conduct a public hearing and make a motion to tentatively approve the land use applications with the changes that this staff memo describes, directing staff to submit an ordinance for consideration at a City Council 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. Council Bill No. 3148 - A Resolution Establishing the American Rescue 143 Plan Fund and Approving Appropriations for the Fund for Fiscal Year 2020-2021 Recommended Action: Approve the attached resolution authorizing the City Administrator to establish the American Rescue Plan Fund. B. Surplus Vehicle Disposal 148 Recommended Action:Authorize the City Administrator to dispose of surplus vehicles that are currently in the inventory of the Woodburn Police Department. 12. OTHER BUSINESS None. April 26, 2021 Council 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. WORK SESSION A. Woodburn-Gervais Enterprise Zone Re-Designation 15. CITY ADMINISTRATOR'S REPORT 16. MAYOR AND COUNCIL REPORTS 17. EXECUTIVE SESSION A. To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660 (2)(h). To consider records that are exempt by law from public inspection pursuant to ORS 192.660 (2)(f). 18. ADJOURNMENT April 26, 2021 Council Agenda Page iii COUNCIL MEETING MINUTES APRIL 12, 2021 DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON,APRIL 12, 2021 CONVENED The meeting convened at 7:00 p.m. with Mayor Swenson presiding. ROLL CALL Mayor Swenson Present-via video conferencing Councilor Carney Present-via video conferencing Councilor Cornwell Present-via video conferencing Councilor Schaub Absent 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, Economic Development Director Johnk, Acting Police Chief Pilcher, Community Development Director Kerr, Operations Director Stultz, Public Works Project and Engineering Director Liljequist, Finance Director Turley, Human Resources Director Gregg, Assistant City Attorney Granum, Senior Planner Cortes, City Recorder Pierson APPOINTMENTS Carney/Cornwell...appoint Rebecca Lerback to the Woodburn Public Library Board. The motion passed unanimously. PROCLAMATION Mayor Swenson read a proclamation declaring April Child Abuse Preventions Month. CONSENT AGENDA A. Woodburn City Council minutes of March 22, 2021, B. Zayo Group, LLC Franchise Settlement Agreement Carney/Cornwell...adopt the Consent Agenda. The motion passed unanimously. PUBLIC HEARINGS A Public Hearing to consider input on annexation of approximately 39.68 acres of territory known as the Oregon Golf Association Property with no street address along the east side of Boones Ferry Rd NE north of Hazelnut Dr (ANX 2020-01) and approval of related land use applications for development into the Trillium Reserve Planned Unit Development (PUD 2020-01). Mayor Swenson declared the hearing open at 7:06 p.m. for the purpose of hearing public input on annexation of approximately 39.68 acres of territory known as the Oregon Golf Association Property with no street address along the east side of Boones Ferry Rd NE north of Hazelnut Dr (ANX 2020-01) and approval of related land use applications for development into the Trillium Reserve Planned Unit Development (PUD 2020-01). Mayor Swenson asked if there were any declarations from the Council. City Recorder Pierson read the public hearing statement. Community Development Director Kerr and Senior Planner Cortes provided a staff report. Chris Goodell, with AKS Engineering provided testimony on behalf of the applicant. Kelly Hossaini, Page 1 - Council Meeting Minutes, April 12, 2021 1 COUNCIL MEETING MINUTES APRIL 12, 2021 with Miller Nash Graham and Dunn, provided testimony on the objection of the two proposed conditions of approval related to road frontage improvements. Todd Mobley, with Lancaster Mobley, provided testimony on the sight line at Trillium Place. Councilor Carney asked if a playground for children would be put in and Mr. Goodell answered no. Mayor Swenson asked if any member of the public wished to speak in support of the of the annexation of approximately 39.68 acres of territory known as the Oregon Golf Association Property with no street address along the east side of Boones Ferry Rd NE north of Hazelnut Dr (ANX 2020-01) and approval of related land use applications for development into the Trillium Reserve Planned Unit Development (PUD 2020-01). No members of the public wished to speak in support. Mayor Swenson asked if any member of the public wished to speak in opposition of the annexation of approximately 39.68 acres of territory known as the Oregon Golf Association Property with no street address along the east side of Boones Ferry Rd NE north of Hazelnut Dr (ANX 2020-01) and approval of related land use applications for development into the Trillium Reserve Planned Unit Development(PUD 2020-01). Jim Nicolarsen, 620 Troon Ave, Woodburn, stated that he believes there are issues with the open space in this application and asked if there were any questions on the letters they sent to Council. Mr. Goodell provided rebuttal testimony on the letters received and Councilor questions. City Attorney Shields stated that he has concerns with the applicant saying they are opposed to frontage improvements and Director Kerr stating that the annexation is not justified if the frontage improvements are not made. Ms. Hossaini stated that the applicant, while disagreeing that they should have to make the frontage improvements on Boones Ferry Rd. and Hazelnut,will make the frontage improvements if Council requires them for approval of the annexation. Mayor Swenson closed the hearing at 9:07 p.m. Councilors provided comments and discussion on the application. Carney/Cabrales... deny the annexation request for Trillium Reserve ANX 2020-1 PLA 2020 etcetera and direct staff to prepare an ordinance and final order to submit for consideration at a future meeting. On roll call vote the motion passed unanimously. CITY COUNCIL GOAL The City Council reviewed the goals and no action was taken. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS A. Call-Up Briefing: Planning Division staff approval of a Design Review and Exception to Street Right-of-Way and Improvement Requirements("Street Exception")application package for the I-5 Pump Station at 598 Stacy Allison Way (DR 21-01 & EXCP 21-01) B. Call-Up Briefing:Planning Division staff approval of a Zoning Adjustment application for 622 Bishopick Way (ZA 21-01) C. Call-Up Briefing: Planning Division staff approval of a Zoning Adjustment application for 575 Ostrom Drive (ZA 21-02) The Council declined to call-up any of the items. CITY ADMINISTRATOR'S REPORT The City Administrator reported the following: • The Woodburn Budget Committee Meeting will take place on April 21, 2021 at 3:00 p.m. Page 2 - Council Meeting Minutes, April 12, 2021 2 COUNCIL MEETING MINUTES APRIL 12, 2021 • Will keep the Council updated on projects that are underway. MAYOR AND COUNCIL REPORTS Councilor Carney thanked his colleagues for maintaining their attention through a very difficult evening. Councilor Puente gave kudos to Scott for his response to a constituent that had an issue. Mayor Swenson stated that he met with our state rep about federal money that could be coming our way and spoke with Teresa Alonso Leon and Kurt Schrader about funding our community center. ADJOURNMENT Carney/Swanson... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:34 p.m. APPROVED ERIC SWENSON, MAYOR ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon Page 3 - Council Meeting Minutes, April 12, 2021 3 4/19/2021 Woodburn Police Department MONTHLY ARRESTS BY OFFENSES 2021 Year to Date CHARGE DESCRIPTION Jan Feb Mar Total AGGRAVATED ASSAULT 4 0 0 ANIMAL ORDINANCES 1 0 0 1 ARSON 1 0 0 1 ASSAULT SIMPLE 9 4 5 18 ATTEMPTED MURDER 0 1 0 1 BURGLARY- BUSINESS 0 1 0 1 BURGLARY-OTHER STRUCTURE 1 0 0 1 BURGLARY- RESIDENCE 0 1 0 1 CRIME DAMAGE-NO VANDALISM OR ARSON 3 1 0 CURFEW 4 0 0 CUSTODIAL INTERFERENCE 0 1 0 1 CUSTODY- MENTAL 8 3 3 1 DISORDERLY CONDUCT 6 3 2 11 DRIVING UNDER INFLUENCE 10 7 12 29 DRUG LAW VIOLATIONS 10 4 1 1 DWS/REVOKED -FELONY 0 0 1 1 DWS/REVOKED-MISDEMEANOR 3 4 7 1 ELUDE 1 2 0 3 EXTORTION/BLACKMAIL 1 0 0 1 FAIL TO DISPLAY OPERATORS LICENSE 0 1 0 1 FAILURE TO REGISTER AS SEX OFFENDER 1 0 1 2 FORCIBLE RAPE 3 0 0 3 FUGITIVE ARREST FOR ANOTHER AGENCY 48 33 26 107 HIT AND RUN-MISDEMEANOR 3 0 1 INTIMIDATION /OTHER CRIMINAL THREAT 7 1 1 9 KIDNAP -FOR ADDITIONAL CRIMINAL PURPOSE 1 0 0 1 MINOR IN POSSESSION 0 1 0 1 MOTOR VEHICLE THEFT 1 0 2 3 OTHER 5 2 2 9 PROVIDE FALSE INFORMATION TO LAW ENFORCEMEN 1 3 0 RECKLESS DRIVING 2 3 1 6 RECKLESSLY ENDANDERING 4 0 0 RESTRAINING ORDER VIOLATION 1 0 2 3 ROBBERY- BUSINESS 1 1 0 2 ROBBERY- RESIDENCE 1 0 0 1 RUNAWAY 1 1 1 3 EX CRIME -SEXUAL ASSAULT WITH AN OBJECT 1 0 0 1 STOLEN PROPERTY- RECEIVING,BUYING,POSSESSING 1 0 0 1 HEFT- BUILDING 0 1 0 1 HEFT- FROM MOTOR VEHICLE 0 4 0 HEFT-OTHER 3 0 0 3 HEFT-SHOPLIFT 3 2 1 6 TRAFFIC VIOLATIONS 8 0 10 18 TRESPASS 1 3 0 UNAUTHORIZED ENTRY INTO MOTOR VEHICLE 1 2 0 3 VANDALISM 4 3 1 8 VEHICLE RECOVERD FOR OTHER AGENCY 2 2 0 WEAPON -EX FELON IN POSSESSION 1 1 1 3 EAPON -POSSESS ILLEGAL 51 1 0 6 WEAPON -SHOOTING IN PROHIBITED AREA 11 01 01 1 Jan Feb Mar Total 2021 Total 173 97 81 351 2020 Total 161 139 105 40 2019 Total 178 115 157 450 Page 1 of 2 4 4/19/2021 Woodburn Police Department MONTHLY ARRESTS BY OFFENSES 2021 Year to Date Arrests/Year 450 400 350 300 N y 250 T! 200 Q 150 1000 0 2019 2020 2021 Year Page 2 of 2 5 4/19/2021 Woodburn Police Department MONTHLY CRIMINAL OFFENSES 2021 Year to Date CHARGE DESCRIPTION Jan Feb Mar Total AGGRAVATED ASSAULT 2 3 1 6 ANIMAL CRUELTY 0 0 1 1 ANIMAL ORDINANCES 1 0 0 1 ARSON 1 0 0 1 ASSAULT SIMPLE 10 7 9 26 ATTEMPTED MURDER 0 1 0 1 BURGLARY- BUSINESS 1 4 3 8 BURGLARY-OTHER STRUCTURE 0 3 0 3 BURGLARY- RESIDENCE 2 4 1 7 CRIME DAMAGE-NO VANDALISM OR ARSON 5 10 12 27 CRIMINAL MISTREATMENT 1 0 0 1 CURFEW 1 0 1 2 CUSTODIAL INTERFERENCE 0 1 0 1 CUSTODY- MENTAL 8 3 3 1 DISORDERLY CONDUCT 5 4 4 13 DRIVING UNDER INFLUENCE 10 7 12 29 DRUG LAW VIOLATIONS 6 3 1 10 DWS/REVOKED- FELONY 0 0 1 1 DWS/REVOKED-MISDEMEANOR 3 4 7 1 ELUDE 2 2 3 7 ESCAPE FROM YOUR CUSTODY 0 0 1 1 EXTORTION/BLACKMAIL 1 1 0 2 FAIL TO DISPLAY OPERATORS LICENSE 0 1 1 2 FAILURE TO REGISTER AS SEX OFFENDER 1 0 1 2 FORCIBLE RAPE 2 2 3 7 FORGERY/COUNTERFEITING 2 0 3 FRAUD- BY DECEPTION/FALSE PRETENSES 2 1 4 7 FRAUD- CREDIT CARD/AUTOMATIC TELLER MACHINE 1 4 1 6 FUGITIVE ARREST FOR ANOTHER AGENCY 33 26 27 86 HIT AND RUN FELONY 1 0 1 2 HIT AND RUN-MISDEMEANOR 15 13 14 42 IDENTITY THEFT 2 2 4 8 INTIMIDATION /OTHER CRIMINAL THREAT 3 1 1 KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE 2 01 0 2 MINOR IN POSSESSION 0 2 1 3 MISCELLANEOUS 10 19 22 51 MOTOR VEHICLE THEFT 9 6 14 29 NON CRIMINAL DOMESTIC DISTURBANCE 9 10 11 30 OTHER 5 4 3 12 PROPERTY- FOUND LOST MISLAID 4 3 2 9 PROPERTY RECOVER FOR OTHER AGENCY 2 1 1 RECKLESS DRIVING 1 3 3 7 RESTRAINING ORDER VIOLATION 1 0 2 3 ROBBERY- BUSINESS 1 1 0 2 ROBBERY- CONV.STORE 0 1 0 1 ROBBERY- OTHER 0 0 1 1 ROBBERY- RESIDENCE 1 0 0 1 RUNAWAY 2 1 1 SEX CRIME - CONTRIBUTE TO SEX DELINQUENCY 0 1 0 1 SEX CRIME - FORCIBLE SODOMY 1 0 1 2 SEX CRIME - MOLEST (PHYSICAL) 1 1 1 3 SEX CRIME - PORNOGRAPHY/OBSCENE MATERIAL 1 0 0 1 SEX CRIME - SEXUAL ASSAULT WITH AN OBJECT 1 0 1 2 STALKER 0 0 1 1 STOLEN PROPERTY- RECEIVING,BUYING,POSSESSING 1 0 1 2 HEFT- BICYCLE 1 0 0 1 HEFT- BUILDING 2 0 1 3 Page 1 of 2 6 4/19/2021 Woodburn Police Department MONTHLY CRIMINAL OFFENSES 2021 Year to Date an Feb Mar Total HEFT- FROM MOTOR VEHICLE 8 8 7 23 HEFT- MOTOR VEHICLE PARTS/ACCESSORIES 6 1 6 13 HEFT- OTHER 12 12 12 36 HEFT- SHOPLIFT 15 11 14 40 TRAFFIC VIOLATIONS 10 1 14 2 TRESPASS 3 6 2 11 UNAUTHORIZED ENTRY INTO MOTOR VEHICLE 2 0 1 3 VANDALISM 18 9 10 37 VEHICLE RECOVERD FOR OTHER AGENCY 6 3 2 11 WEAPON - EX FELON IN POSSESSION 0 1 1 2 WEAPON - POSSESS ILLEGAL 2 1 1 WEAPON -SHOOTING IN PROHIBITED AREA 1 01 01 1 Ran]Feb I Mar Total 2021 Total 1 2591 2131 2571 729 2020 Total 1 3071 3221 249 878 2019 Total 1 3301 23 32 890 Offenses/Year 1000 900 W 900 z Z W LL LL 400 O 200 0 2019 2020 2021 YEAR Page 2 of 2 7 Woodburn Police Department ORDINANCE VIOLATIONS 2021 Year to Date 4/19/2021 Ordinance Discription Jan Feb Mar Total Animal Complaint 18 32 41 91 Ordiinance -Abate/Nuisances 2 0 0 2 Ordinance -Abandoned Vehicles 16 22 26 64 Ordinance -Abate Graffiti 0 0 2 2 Ordinance - Land Use Violations 1 0 1 2 Ordinance -Oth Violation 14 12 13 39 2021 Total 51 66 83 200 2019 Total 14199 148 388 2020 Total 109 121 97 327 Ordinance Violations / Code Enforcement Officers 350 300 250 N p 200 F 0 150 100 50 0 2019 2020 2021 COMBINED TOTAL-CODE ENFORCEMENT OFFICERS Ordinance Violations / Year 240 200 N 160 Z O Fi Q 120 J O 80 40 0 2019 2020 2021 YEAR TOTALS FOR ALL OFFICERS 1 8 V -4,, qCqd4 item 8U a 1,d f;'! 7 April 26, 2021 TO: Honorable Mayor and City Council THROUGH: Scott Derickson, City Administrator FROM: Chris Kerr, Community Development Director Colin Cortes, AICP, CNU-A, Senior Planner SUBJECT: Annexation of approximately 31.13 acres of territory known as the Schultz Farm Property with no street address along the west side of Boones Ferry Rd NE north of Hazelnut Dr. and approval of related land use applications for development into the "Dove Landing" Planned Unit Development (ANX 2020-03 & PUD 2020-02) RECOMMENDATION: Conduct a public hearing and make a motion to tentatively approve the land use applications with the changes that this staff memo describes, directing staff to submit an ordinance for consideration at a City Council meeting. BACKGROUND: The item before the Council is action on annexation application ANX 2020-03 by Pacific Community Design, Inc. on behalf of Ettro Capital Management Corp. for property totaling approximately 31 .13 gross acres and located along the west side of Boones Ferry Road NE north of Hazelnut Drive. The territory is eligible for annexation because it's within the City urban growth boundary (UGB). Upon annexation, the Citywould need to designate the propertywith Cityzoning. The Comprehensive Plan land use map designates the territory Low Density Residential. Per Comprehensive Plan Policy Table 1 , the default compatible base zoning district is Residential Single Family (RS). The proposal dedicates to the City 8.31 acres of public parkland. Development Applications Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance—x- 9 Honorable Mayor and City Council April 26, 2021 (ANX 2020-03 Dove Landing PUD) Page 2 Because the applicant proposes also to develop the subject property with 171 houses, there are "child" or corollary development applications: • Planned Unit Development PUD 2020-02: This relates to the site plans and the overall physical site development. PUD is a discretionary land use application type allowing developers to modify Woodburn Development Ordinance (WDO) provisions-such as getting smaller minimum lot areas and reduced setbacks - in exchange for a minimum area of open space, minimum common area improvements, and "enhanced public amenities". More to the point, the conditions of approval and the related 200 series of attachments establish PUD development standards and common area improvements. • Preliminary Subdivision SUB 2020-03: This subdivides the land into tracts and small lots per PUD standards - premised upon PUD approval. • Zone Change ZC 2020-02: This designates zoning following annexation. Project Summary The development is 171 detached houses on small lots and among both private common area open space tracts and public parkland tracts. The range of lot sizes is 2,700 square feet (sq ft) to 4,400 sq ft. (For comparison, the Smith Creek Development also had a range of lot sizes, the smallest for detached houses being 3,200 sq ft and for rowhouses 1 ,800 sq ft.) The development extends the street network with two connections at Boones Ferry Road NE and includes stubs preserving allowance for future extension. Off- street bicycle/pedestrian paths serve as shortcuts through blocks. The central block has a private alley with public access. The alley allows for the four block faces, by not having driveways except two for the alley itself, to have uninterrupted on-street parallel parking and planter strip with many street trees. The Planning Commission staff report (Attachment 3) recommended denial because the developer had refused to dedicate public parkland, and it included back-up conditions of approval were the Commission to recommend approval. Shortly before the hearing, the developer proposed changes meriting approval, particularly agreeing to dedicate public parkland. Staff drafted an addendum memo (Attachment 1 ) to the Commission summarizing the changes, listing strikethrough-and-underline revisions to some of the conditions of approval, and recommending approval. The Commission recommended approval with the revised conditions. Attachment 2 is a memo from the Assistant City Administrator 10 Honorable Mayor and City Council April 26, 2021 (ANX 2020-03 Dove Landing PUD) Page 3 in support of project approval because of the developer agreeing to dedicate public parkland. Of the images that follow, the paired citywide ones showjust how large the public parkland dedication is relative to the subject project and existing City parks. a 4'a u I ' D I Aerial map (2016) with site outlined in purple 11 Honorable Mayor and City Council April 26, 2021 (ANX 2020-03 Dove Landing PUD) Page 4 r�s�fi.� � 1 ,. (� 1 � 1 l A �y z D y t q ,; / ''�I I �v I. xrrlrpL"�rn � N '��I�"� Iwily^'4 ✓' �� 'j ��1 Et.,.� �J fij r ✓r h y�� plr � f � �P t � J W .. ..I- Vicinity map: Subject property in purple, City parks in light green UVC7ODBURN 414. a ., r'�A r r r v W I s r �T i�r „.� I a Y { c' — . a m_.a Dove Landing parkland in dark green (Tracts I &K) 12 Honorable Mayor and City Council April 26, 2021 (ANX 2020-03 Dove Landing PUD) Page 5 ADPF.P S}hf5. 10dX30 WfUlA1EN51L7N£ iCTAI.I 11 f IrREA—'i S,R�l65F // W T/{S94k1 ATFA Vll. 0 AL OPfN SPAGF AAFA-20,32C•k �vW.tiw..mrva r,., rduauw� uuwW u�.vwrowaiwii�¢„wwA q*'.vw iwwuww w � ww w wW i �swurvw � ,, s �✓Y'vuWaw �I�Y1Y�'�'v��v�w�uwwwww�w'�wwwwwwuwwuwwwuwwwwwwwwwawwiw uw.wu�wwuwW'�wwAww�ww�wwM'd'�w Wu wwNwuW wwWww i��'GfI'" ww �'"��5 .'+� � � I IiVlmulllu�l P I Ul�m�um��lilmuiumlu�il�l�l�lmlum�i�l�luiul��uum�i � �/// � ” '� ��wrrrw�vN� �� .�wumwrrvummm� wti %� lj / �ve� tw, I�r A� wo uwwwrumwA�tAu�wwiwww+nwwmnw�,,� n„rOl/�� %, a w a� �mw vm m� V, t n o�aFT r �� /:, i ac no Eov moveN cr ore neusnen s M1 hhfti bi'Y1 if VNe�IC Ptl'RK IMPAOVENENT PF.Sif,N Open space site plan (Apr. 6, 202 1) The open space site plan shows along the south the two large tracts that the developer is dedicating to the City as public parkland totaling 8.31 acres. Tract K is the largest at 7.2 acres. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. i 4 1I it , �,� C F , 1 - a DOVE I�NDIRG PUD Exhibit PUD-6: Tracts to Dedicate to City (outlined in green) The above image is copied from Condition PUD-6 that memorializes dedication of parkland. 13 Honorable Mayor and City Council April 26, 2021 (ANX 2020-03 Dove Landing PUD) Page 6 Commission Recommendation The Planning Commission on March 25, 2021 heard and unanimously recommended approval of the consolidated applications package with conditions of approval that staff recommends through both the staff report (Attachment 1 : Attachment 102, pages 44+) and with the strikethrough-and- underline revisions per the staff memo addendum to the Commission (Attachment 2, pages 1 & 2). Testimony Besides the applicant, four individuals testified verbally at the hearing: Who Topic Julie Nicolarsen, 620 Troon Ave, Asked about the alley and if it would be one-way Woodburn, OR 97071-7691 Brenda Gonzalez, 1 105 Eagle Asked how many hazelnut trees would be removed, Dr, Woodburn, OR 97071-7711 if any, and how many trees would be preserved in the south yard Cindy Wurdinger-Kelly, 16751 Asked how wide would be the greenway tract Boones Ferry Rd NE, Woodburn, behind / west of her house and if there would be a OR 97071-9631 fence or wall Jim Nicolarsen, 620 Troon Ave, Asked if there are other recent developments with Woodburn, OR 97071-7691 lots as small; wanted to know more about the conditioned enhanced pedestrian crossing near Woodburn High School DISCUSSION: Annexation is both a policy and land use decision by the Council. Decision-making criteria for annexation are in Woodburn Development Ordinance (WDO) 5.04.01 C. The attached Planning Commission staff report of March 25, 2021 , particularly its Attachment 102 Analyses & Findings, addresses the criteria. At the time of publication, the criteria wouldn't have been met because the developer had refused to dedicate public parkland. The developer and staff resolved the issue and came to agreement by the time of the Commission hearing. At the hearing, staff was able to find the criteria met and recommended approval with conditions. The developer agrees to dedicate parkland. 14 Honorable Mayor and City Council April 26, 2021 (ANX 2020-03 Dove Landing PUD) Page 7 The Council reviews and decides upon the consolidated applications package for the development project because 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 - a Council decision.) FINANCIAL IMPACT: Annexing the territory into city limits would subject it to City taxing authority, including property tax that 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 to a millage rate of 6.0534 mils - as set by Oregon Ballot Measure 50 in 1997-98. The property had a rural dwelling, now demolished. The table below simplifies and grossly estimates tax revenue, not accounting for increase resulting from development: Address Tax Lot Marion County Gross Estimate of City Assessed Value (AV) Property Tax (6.0534 mils) none 051 WO6C000800 $18,430 $111 .56 rima none 051 WO6C000400 $16,630 $100.67 Total: $35,060 $212.23 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 properties that the City does not already provide. Crucially, site development would increase both the number of residences and assessed valuation (AV) while also increasing City utility and other service costs. 15 Honorable Mayor and City Council April 26, 2021 (ANX 2020-03 Dove Landing PUD) Page 8 Attachments: 1 . Staff memo addendum for Planning Commission (Apr. 8, 2021 ; 4 pages) 2. Memo "Dove Landing Public Park Dedication" from Assistant City Administrator (Apr. 26, 2021 ) 3. Planning Commission March 25, 2021 Staff Report and attachments: 101 . Marked Tax Map 102. Analyses & Findings (56 pages) 102A. Public Works comments (Mar. 16, 2021 ) 103. Site plans (19 sheets) 103A. Annexation Service Provider Letters (SPLs; 4 pages) 104A. Parks and Recreation Master Plan excerpts pp. 76-77 (2009; 2 pages) 104B. Parks map "Street Index with Park Buffer' (Aug. 13, 2020) 105A. TSP Fig. 2 "Functional Roadway Classification" 105B. TSP Fig. 6 "Local Street Connectivity Plan" 201 .* ANX 2020-03 Dove Landing PUD: Dictionary & Glossary 202. ANX 2020-03 Dove Landing PUD: Lot & Tract Development Standards 203. ANX 2020-03 Dove Landing PUD: Common Area Improvements & Public Easements 204. [Struck. Number kept to preserve order.] 205. ANX 2020-03 Dove Landing PUD: Tree Protection & Environmental Remediation 206. ANX 2020-03 Dove Landing PUD: Conditioned Fees *The 200 series of attachments are details for the conditions of approval. 16 � 10�� -XY WOOD Addendum I raI rpe, j red 1,887 April 8, 2021 To: Planning Commission (April 8, 2021) From: Colin Cortes, AICP, CNU-A, Senior Planner Cc: McKenzie Granum, Assistant City Attorney Jim Row, Assistant City Administrator Chris Kerr, Community Development Director Stacy Connery, AICP, Planning Manager, Pacific Community Design, Inc. Subject: Addendum to Agenda Item 6: Dove Landing PUD (ANX 2020-03) Summary: After the applicant requested to continue the hearing from March 25 to April 8, the applicant and staff worked collaboratively to reach agreement on several items allowing staff to recommend approval. Based on this agreement, below are recommended revised and additional conditions compared with published March 25 staff report: 1. Parkland: The developer agrees to dedicate the parkland with a condition accommodating parks system development charge (SDC) credit for parkland improvements: PUD-9. a. Common area and parkland improvements: Improvements shall be per Attachment 203. b. Open space: The City and the Developer agree that the WDO standard for PUD improved common area shall be satisfied by dedication and improvement of Tracts I & K. C. Parks SDC credits: u All improvements with the exception of the paths as required by Attachment 203, Part C will be 100%SDC creditable. u The maximum cost of the improvements to the developer, including soft costs such as surveying and engineering specific to the improvements, shall not exceed the total amount of parks SDCs assessed upon the development. u The parks SDC credits shall be administered in a manner consistent with Ordinance 2250. Jim Row, Assistant City Administrator, indicated he'd be at the meeting to talk about parks. 17 2. The developer requests to add 5 lots, and staff drafted this condition: PUD-12. Five more lots: This condition acknowledges and accepts a plan revision of five more lots in place of some Tract H area,for a total of 171 lots,as the applicant submitted April 6 for Planning Commission April 8,2021. The developer had proposed common area / open space more than the minimum. The change means that the development provides the PUD minimum equal to 30% of gross area. 3. Enhanced pedestrian crossing: The developer requests that this required improvement be SDC creditable: T-BPI. Bicycle/pedestrian off-site improvements: The developer shall: a. TSP: Construct TSP project P45 (TSP p. 64 as Attachment 104A). b. Off-site sidewalk: BFR & Hazelnut: (4) Details: What constitutes an "enhanced pedestrian crossing" per P45, "sidewalk" per (2), and a "marked crosswalk" per (3) and their corollary improvements is up to PW determination through CEP review; however, for P45 & (3) there shall result a physical change to existing pavement and/or striping serving as an obvious indication for most pedestrians,cyclists,and drivers. TSP Project P45 is traffic SDC creditable consistent with SDC ordinances and resolutions. Recommendation: With the addition of Condition PUD-9, staff changes its recommendation to approval with conditions. Attachment(s): A. Testimony by Julie Nicolarsen, 620 Troon Ave, letter (received Apr. 6, 2021) B. Revised plan sheet 11 Open space site plan (submitted Apr. 6, 2021) Page 2 of 2 18 Woodburn Planning Commission RE: Dove Landing PUD I am writing to you about the proposed development to be called Dove Landing. When I first heard of the plan I wasn't surprised. With the housing market for lower income families and the economy as it is this made sense. However on seeing the plan.... Is this some kind of joke? My three and a half year old granddaughter could have designed this better, squiggling on a blank piece of paper. This developer actually paid someone for this sterile, unimaginative design? The plots remind me of what the floor plan of a prison looks like.... one cell after the other. Every house will need to be painted a different color so homeowners will know which is theirs. And where do you expect the multitudes of children to play and gather, to ride bikes, or throw a ball? With the drag strips you will have created, the streets will be too dangerous. And yes, children play on the streets in front of their homes. I'm assuming the yards will be at a bare minimum too. Even Senior Estates has curvy roads and Cul-de-Sacs. This development has no place in Woodburn, or anywhere else for that matter. It is mass, cheap, housing at it's worse. The effects of it will spill over into neighboring areas because it does NOT remotely address the needs of its residents. This needs to be sent back to the drawing board so these important issues can be addressed. Regards, Julie Nicolamvt Julie Nicolarsen 620 Troon Ave. Woodburn, OR. 97071 PR 6 2021 u �, _ r 19 � , I I ETTREAPITAL rry�a �� mummsmsiams 'wu� xmmma�am,mm+E.a'�»s,�ru��a��r*�,�mr�vwnmrNm m*:srm��,rotPamcm,�yam: mr°maw,�m„Im amrum T,w�,vmumwalslmavm ammlmavm mwmmr rt pp,E, ,��o�, REVISIONS :rmmmw�w�rw.rwwr°w�.mw��wuw�.w°r�w�w�w��Nuwm.�Nrw�mw�ru,.mww�w�w� .A'v° �iY'MAmmSW�WVWvwr4l�1�4.4 'EEEmrm E� EEm'mmm'mmm J mu�mmmm"�immmmm'�mir m'mymmm'Yrrmmmmm'Sr m'mV�m� / "iip �/ �o oe,E oEs�a�P,�oa i� iuulmiuulmiuulvivlli�ulmi�iuulmiuulmiuullui u�mmmmo�im�im�ummmm mi mmmmmmi�imi�m�immmmmmm�i�mi mmmm�iimmmmmmmmullmuullmmmmmmm�um��ui�mmmmu�i��i��uvu uIl uu,uml �u �.cu:AUE ne� m�=�y -�. �e�x,.�ati mwr� °: mv� .Id °wn. �oww �wm�c�u� m�.m�wmmarmg; A my Er:fl E^�wm �r �r �� RLmiwm�,mWu��.uMrwm.w�a �� %� �. DOVE LANDING PUD ti n nu�;rn ui,i�l is ,� u u 4Nix i i n veN I OPEN SPACE w SITE PLAN = iN I it LEGEND-PROPOSED CONCEPT PLAN ''. OPEN SPACE ,aaEa ,LSTE IMPROVED COMMON OPENSPACE PEDESTRIAN ELEMENTS OPEN SPACE aaEa a sTE ❑aau�aa R� �,za� �,.�, ❑mosrnoTxv,gas ,. a�.hti DP D,.,2,.aa.aA� ®_s.�ah fly° 11 wr I n c o r p o r a t e d 9 8 8 9 To: Mayor Swenson& City Councilors From: Jim Row, Assistant City Administrator Date: April 26, 2021 RE: Dove Landing Public Park Dedication I intended to provide some brief comments during this evening's Dove Landing annexation & development review public hearing, however, I am out of the office and unable to participate live. As such, I am submitting the following written comments, instead. Initially, the applicant proposed that all of the open space tracts that they would be required to provide would remain under the ownership and control of the future homeowner's association. This private ownership arrangement would have precluded the public from utilizing these spaces and related improvements. Recognizing the need for public parkland in this area of town, staff engaged the applicant in discussions on the subject. An agreement with the applicant was eventually reached, whereby they would dedicate a 7+acre open space tract to the City for use as a public park. The applicant further agreed to construct a paved pathway on the parcel at their own expense and to construct other amenities, such as a restroom building,small plaza,picnic shelter and playground in exchange for Parks and Recreation System Development Charges (SDC) credits. I am pleased that these negotiations were productive and resulted in a project that provides a significant benefit to the public. As such, I am happy to lend my support to this project. 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5222 • Fax # (503) 982-5244 www.woodburn-or.gov 21 J ; � -'- N Fn corpo, rraaed 1889 Staff Report To: Planning Commission Through: Chris Kerr, AICP, Community Development Director c', From: Colin Cortes, AICP, CNU-A, Senior Planner Meeting Date: March 25, 2021 (Prepared March 18, 2021) Item: "Dove Landing" Planned Unit Development (ANX 2020-03) Tax Lot(s): 051W06C000800 (primary) &400 (no address; Boones Ferry Rd NE west side north of Hazelnut Dr) Table of Contents ISSUE BEFORE THE PLANNING COMMISSION.....................................................................1 EXECUTIVE SUMMARY....................................................................................................2 RECOMMENDATION .......................................................................................................5 ACTIONS .......................................................................................................................5 ATTACHMENT LIST.........................................................................................................5 Issue before the Planning Commission Annexation ANX 2020-03 (Type IV) with proposed planned unit development PUD 2020-02 Dove Landing: Commission is to hold a public hearing and make a recommendation to the City Council. 22 Executive Summary Location The proposed Dove Landing PUD of 166 houses on small lots is based on annexation of 31.13 acres from Marion County. The territory is a former orchard located at northeast city limits along the west side of Boones Ferry Road NE north of Hazelnut Drive. 4A i. � lr�i i / Sq� /� Jtlr�.,yyy � 1, fW �// 55,:�i✓%5!9 G��9 �� d]� lX#: � / qp / �� ,,.. I� �,��/� �j�r ' as�i fi ��/� J�y�...l �li r� n•Iatt iaa ��;� :srvr l ,�� m�Yfm. � �� ,tfl4� i�nAr�I� ��J f�, �/ „� %� /r// /i////Z �o / i h Concept site plan from site plan Sheet 4 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... -U �;rr , J fl DOVE ,m mi I.hMPDINU IF1'IYLI Exhibit PUD-6: Tracts to Dedicate to City(outlined in green) Annexation & Zoning Designation Because the Comprehensive Plan land use map designates the territory Low Density Residential per Comprehensive Plan Policy Table 1, the default corresponding zoning district is Residential Single Family (RS). Along with an annexation ordinance, the Council would by separate ordinance designate the annexed territory as RS. Dove Landing ANX 2020-03, PUD 2020-02,etc. Staff Report Page 2 of 6 23 Development Staff and the developer worked diligently to produce a superior site development that includes features such as: 1. Frontage/street improvements including enhanced public amenities in form of wider sidewalks and more street trees; 2. Street stubs that allow a logical network for future development to extend; 3. Subdivision connection paths as shortcuts for people walking and cycling; 4. Common area improvements including a playground; 5. Public parkland totaling 8.32 acres and with improvements such as a paved path, benches, bicycle parking, dog waste stations, a shelter or two, and a pair of restrooms; 6. Remediation of common areas and public parkland through invasive groundcover removal (e.g. Himalaya blackberry) and restorative plantings; and 7. Walking and cycling wayfinding signage. Site plans are within Attachment 103. The Public Works Department, Woodburn Fire District, and Woodburn School District gave the applicant annexation service provider letters (SPLs; Attachment 103A) indicating that they can serve the development. Parkland Dedication Staff finds that the proposal meets applicable Woodburn Development Ordinance (WDO) provisions per the analyses and findings (Attachment 102) —except for the fact that it does not include the dedication of public parkland. This is a development issue because the developer is indicating refusal to dedicate open space Tracts I & K as public parkland instead of private common area. Here are the key WDO issues regarding the park dedication issue: 1. Commensurate public amenities are required for PUDs. A basic purpose of a PUD is to allow modifications to development standards (e.g. lot size and configuration) in exchange for enhanced public amenities and to obtain public amenities that are commensurate with and justify modifications to WDO provisions. 2. Annexations should meet unmet community needs. The Parks and Recreation Master Plan, as part of the Comprehensive Plan, identifies a lack of public parkland as an unmet community need, and were the developer to not dedicate parkland it would exacerbate the deficiency. Dove Landing ANX 2020-03, PUD 2020-02,etc. Staff Report Page 3 of 6 24 3. Annexations are required to benefit the City and each approval requires a review to assess impact on the community. Comprehensive Plan Goal G-2 states that the City incorporate territory that will be of"benefit to the City", and Policy G-2.1 confirms that, "For each proposed expansion of the City, Woodburn shall assess the proposal's conformance with the City's plans, and facility capacity and assess its impact on the community." Not dedicating the parkland would worsen current parks level of service and adversely impact (i.e. harm) the community. 4. Park acquisition/development should occur concurrently with development: Council adoption of the parks plan also reinforced Comprehensive Plan Policy L-1.2 as applied to developments including PUDs: "Where feasible, the City will acquire and develop neighborhood parks, trails, and open spaces through the development review process." Additional factors in support of about why parkland dedication is essential as part of this development are below: A. The developer already proposes the two tracts to be open space with park-like landscaping—a basic PUD standard is that 30% of the gross subject property area is to be common area, conventionally understood to be mostly open space. B. Tracts I & K can well serve as regional parks, and are commensurate with Dove Landing at least in terms of size—8.32 out of 31.31 gross acres (26.7%) —and in relation to the proposal of 166 houses. C. To require dedication of two of the several open space tracts to the City as public land instead of to a private association as common area has no effect on providing the territory itself as open space—the developer wasn't going to build housing on it anyway. D. The territory would remain just as open to residents of Dove Landing as parkland as it would were it to remain as private common area. E. An association would be spared maintenance responsibility with the territory as public parkland, and homeowners spared greater dues for such maintenance. F. If the City were to pass on obtaining the parkland now, the opportunity likely would disappear. In this case, though the tracts wouldn't be developed with lots, it would become annexed private property having higher assessed value by being within city limits and surrounded by development, raising the implied purchase price —were an association ever a willing seller or the City were ever willing to exercise eminent domain. Dove Landing ANX 2020-03, PUD 2020-02,etc. Staff Report Page 4 of 6 25 Recommendation Denial: Staff would strongly support the project as conditioned and with the dedication of the improved parkland; however, because the developer is indicating refusal to dedicate to the City public parkland, staff recommends that the Planning Commission consider the staff report and attachments and recommend denial to the City Council. Alternative: Were the Planning Commission to instead pursue approval with conditions, then staff would recommend the conditions per Attachment 102. Actions The Planning Commission may instead act on the land use application to recommend to: 1. Approve with the conditions per Attachment 102, or 2. Approve with modified conditions. If the Planning Commission were to act upon the recommendation, staff would proceed to a City Council hearing, tentatively scheduled for April 26, 2021, with the Commission recommendation. Attachment List 101. Marked Tax Map 102. Analyses & Findings 102A. Public Works comments (Mar. 16, 2021; 3 pages) 103. Site plans (dated Jan. 15, 2021 and submitted Feb. 9, 2021; 19 sheets) 103A. Annexation Service Provider Letters (SPLs; 4 pages) 104A. Parks and Recreation Master Plan excerpts pp. 76-77 (2009; 2 pages) 104B. Parks map "Street Index with Park Buffer" (Aug. 13, 2020) 105A. TSP Fig. 2 "Functional Roadway Classification" 105B. TSP Fig. 6 "Local Street Connectivity Plan" 201.* ANX 2020-03 Dove Landing PUD: Dictionary & Glossary 202. ANX 2020-03 Dove Landing PUD: Lot &Tract Development Standards 203. ANX 2020-03 Dove Landing PUD: Common Area Improvements & Public Easements 204. [Struck. Number kept to preserve order.] 205. ANX 2020-03 Dove Landing PUD: Tree Protection & Environmental Remediation 206. ANX 2020-03 Dove Landing PUD: Conditioned Fees Dove Landing ANX 2020-03, PUD 2020-02,etc. Staff Report Page 5 of 6 26 *The 200 series of attachments are details for the Attachment 102 conditions of approval. Dove Landing ANX 2020-03, PUD 2020-02,etc. Staff Report Page 6 of 6 27 vwbC' RAP 05 1W 06C �,. 01A66B SEE MA 66iW66A WOODBURN I 'M -w �s�„�„Ro�� „ II <,... ..,. �� 366 266 VP 66 co E A MARION COUNTY,OREGON 0052 SWI/4 SEC6 T5S RIW W.M. 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' .� I I i t .i°..n. uEf+rico � .•• ,F77 . n'o cum ��" WOODBURN AF 06 9P N SE MA n SEEMAP 05 1W 06C oslwmA Attachment 102 ANX 2020-03: 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 • Plan sheets and/or narrative inconsistent records • Other special circumstance benefitting from attention Deviation: Planned Unit Development, Zoning Request to modify, Adjustment, and/or Variance adjust, or vary from a requirement Section references are to the ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,�,,,,,,,,,,,,,",,,,,,,,.1 „ " ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,",,,,,,(,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,), . o.. .. rr� D..Wv.WI. „,,,,;,; C r�: ur�aric:.. SCD Table of Contents Project Name &Case File Numbers..............................................................................................................2 Location.........................................................................................................................................................2 LandUse &Zoning........................................................................................................................................2 StatutoryDates.............................................................................................................................................3 AnnexationProvisions ..................................................................................................................................4 Zoning Map Change Provisions...................................................................................................................11 Riparian Corridor and Wetlands Overlay District (RCWOD) Provisions......................................................12 Subdivision Preliminary Approval Provisions..............................................................................................13 Planned Unit Development Provisions.......................................................................................................14 Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 1 of 56 29 RemainingProvisions..................................................................................................................................37 Recommendation: Denial ..........................................................................................................................44 Alternative: Approval with Conditions of Approval...................................................................................44 ApplicantIdentity........................................................................................................................................51 Notesto the Applicant................................................................................................................................51 Project Name & Case File Numbers The applicant submitted the project name Schultz Farm, but through re-submittal renamed it to Dove Landing. The land use application master/parent case file number is Annexation ANX 2020-03, and the children/corollary case file numbers are Planned Unit Development PUD 2020-02, Preliminary Subdivision SUB 2020-03, & Zone Change 2020-02. Location Address(es) None (west side of N. Boones Ferry Rd north of Hazelnut Dr) Tax Lot(s) 051W06C000800(primary) &400; respectively 17.13 & 14.00 acres, totaling 31.13 acres Nearest N. Boones Ferry Rd & Hazelnut Dr intersection Land Use & Zoning Comprehensive Plan Land Use Designation Low Density Residential Zoning District Residential Single Family (RS) Overlay District(s) none Existing Use(s) Closed orchard 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: Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 2 of 56 30 a f c' e I I r I n. t Comprehensive Plan land use map excerpt Zoning map excerpt Cardinal Direction Adjacent Zoning North No City zoning because not annexed and outside the City urban growth boundary(UGB) East No City zoning because not annexed and outside the City urban growth boundary(UGB). ANX 2020-01 Trillium Reserve under review. South RS; from east to west: two rural homesteads and Miller Links subdivision West RM; Woodburn Senior Estates Manufactured Home Community Statutory Dates Application February 12, 2021 Completeness 120-Day Final June 12, 2021 per Oregon Revised Statutes (ORS) x.178. (The nearest and Decision Deadline prior regularly scheduled City Council date would be either May 10 or 24, 2021, depending on coronavirus.)* *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). Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 3 of 56 31 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 October 30, 2020 and revised and additional materials through February 11, 2021 (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) The territory proposed for annexation should reflect the City's goals for directing growth by using public facility capacity that has been funded by the City's capital 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. Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 4 of 56 32 5) Annexed [sic]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 two pre-application conferences: Pre-App PRE 2019-03 on February 27, 2019 and PRE 2020-21 on September 3, 2020. The applicant requests that the City designate the annexed territory with the Residential Single Family (RS) zoning district. Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 5 of 56 33 Regarding the criteria of subsection C.: 1. 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: N. Boones Ferry Road borders to the property to the east, providing a means of access. (The annexation legal description and map series excludes the right-of-way (ROW) adjacent to the site. ANX 2020-01 Trillium Reserve is annexing it.) • Transit: Along N. Boones Ferry Road, 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 civil engineer plan (CEP) review and public works 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. Regarding public parkland, the proposed development doesn't meet the criterion because it fails to meet certain Comprehensive Plan policies. Because the issue is best understood in the context of development, see the Planned Unit Development Provisions below for further analysis and findings. 2. 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. Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 6 of 56 34 The Public Works Department identified no impediments to serve the development that would not be resolved at the permitting stage, evidenced by the Public Works comments that are Attachment 102A. Second, the Public Works Department, Woodburn Fire District (WFD), and Woodburn School District (WSD) submitted service provider letters (SPLs) as annexation applications require. They are in Attachment 103A. The Public Works one dated October 13, 2020 states: "This letter is to certify that the City of Woodburn has no capacity issue with the public wastewater treatment facility or public water treatment facility. However, the subject property is not adjacent to an existing collection system for water,wastewater or a public storm sewer collection system. The requirements for these collection facilities would still need to be determined.The capacity analysis, design and installation would be the responsibility of the applicant/property owner." Along with the Public Works comments that are Attachment 102A, it appears to Planning Division staff that the Public Works Department has no objection to annexation and that public works can serve the development through typical public improvements by a developer of the territory to be annexed. Additionally, the applicant's narrative (October 29, 2020, p. 53) states: "Although the proposed 154-unit PUD is not phased, it's important to note that the homebuilding process will not occur at once upon annexation. Following planning approval, the proposed site construction documents must be reviewed and approved, and the site streets and utility infrastructure constructed prior to beginning home building.These stages can take 9 to 12+ months. Individual home construction can take 3 months and homes are typically constructed on a pace commensurate with home sales. Home sales within any one project can range from 3-10 per quarter, which would likely extend the process of home construction for several years." There's no written objection by the Public Works Department to the applicant's narrative. Besides the usual three classes of basic public infrastructure— potable water, sanitary sewer, and stormwater management—there is however also the issue of public parkland. There isn't enough public parkland in the north area of the city and UGB. Because parkland is a development issue, staff addresses parkland further under the Planned Unit Development Provisions section below. Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 7 of 56 35 Regarding public parkland, the proposed development doesn't meet the criterion because it fails to provide adequate capacity regarding City public parkland. Because the issue is best understood in the context of development, see the Planned Unit Development Provisions below for further analysis and findings. 3. a. Examining the considerations under subsection a. because the Comprehensive Plan land use map designates the territory Low Density Residential, and the territory is to be designated with Residential Single Family (RS) base zoning district consistent with both the applicant's request and Comprehensive Plan Policy Table 1: 1) The territory to be annexed at its south and west boundaries meets the guideline that it "should be contiguous to the City on two or more sides". 2) The applicant's narrative (p. 53) states: "The territory is designated by the Comprehensive Plan as 'Low Density Residential' land included in the 'Buildable Lands Inventory.' According to the City of Woodburn's latest Housing Needs Analysis, the estimated housing need for single-family detached dwellings is 1,563 units.The proposed 154-lot PUD accounts for only 9.85 percent of the total need. Although the proposed 154-unit PUD is not phased, it's important to note that the homebuilding process will not occur at once upon annexation. ...The careful process of bringing the proposed 154-units on-line, through construction documentation and final approval stages, will not adversely impact the City's a 5-year supply of Low Density Residential." Staff concurs, with the exception that the proposal is 166 houses and so 10.6% of the estimated need of 1,563 houses. 3) The applicant's narrative (p. 53) states: "The subject territory is located within the City's UGB and has been assigned the Low Density Residential designation in the Comprehensive Plan. As detailed in the previous sections of this report, the proposed PUD on the subject site includes its own water quality and detention facility that treats all stormwater associated with the site. ... The proposed street layout detailed with this PUD includes three future street connections extending north.These three street connections shrink superblocks while addressing Comprehensive Plan policies regarding street connectivity." Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 8 of 56 36 There's no written objection by the Public Works Department to the applicant's narrative. 4) Regarding (a) & (b), the applicant's narrative (p. 4) states: "The proposed street layout detailed with this PUD includes three future street connections extending north.These three street connections shrink superblocks while addressing Comprehensive Plan policies regarding street connectivity." Staff concurs and adds that the development proposes two street connections with N. Boones Ferry Road in conformance with Transportation System Plan (TSP) Figure 6 "Local Street Connectivity Plan". These also provides better access for emergency vehicles. (The proposed "O" Street would align with Trillium Place within ANX 2020-01 Trillium Reserve, Trillium Place itself being the outlet for the Olympic Street extension.) 5) The applicant asserts no unmet community need. Because these analyses and findings come before the first public hearing by the Planning Commission, it is yet unknown if annexation fulfills a substantial unmet community need because the City Council has not yet identified such a need. Examples of community needs include park space and conservation of significant natural or historic resources, and the corollary development includes Tracts I & K along the south that the developer is to improve and dedicate as City/public parkland. Note: As of March 16, 2021, Administration relayed through the Community Development Director to staff that the City Council may choose to interpret the timing of criterion C.3a5) such that between the timing of this writing and whenever the Council hearing would be, the Council would take action to identify a substantial unmet community need in such a way that the annexation criterion would apply to Dove Landing by the time of the public hearing— namely that lack of public parkland is a substantial unmet community need that the Dove Landing PUD could meet were it to dedicate Tracts I & K to the City as public parkland. 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. Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 9 of 56 37 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 a City base zoning district other than RS. (Pursuant to Comprehensive Plan Policy Table 1, RS is the only zoning district that implements the Low Density Residential 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 development review, i.e. site plan review process, instead of annexation itself. The annexation fails to meet criteria C.1 & C2 because the applicant is indicating refusal to dedicate to the City public parkland from among the PUD common area open space tracts. (Staff applies conditions such that the development could fully meet the annexation criteria. See the Planned Unit Development Provisions section below for details.) Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 10 of 56 38 Zoning Map Change Provisions Zoning Map Change Provisions 6�4.04 A. Purpose:The purpose of an Owner Initiated Official Zoning Map Change is to provide a procedure tochange the Official Zoning Map,inamanner consistent with the Woodburn Comprehensive Plan. B. Criteria:The following criteria shall be considered in evaluating an Official Zoning Map Change; 1. Demonstrated need for the proposed use and the other permitted uses within the proposed zoning designation. 2. Demonstrated need that the subject property best meets the need relative to other properties in the existing developable land inventory already designated with the same zone considering size, location,configuration,visibility and other significant attributes of the subject property. 3. Demonstration that amendments which significantly affect transportation facilities ensure that allowed land uses are consistent with the function, capacity,and level of service of the facility identified inthe Transportation System Plan.This shall beaccomplished byone ofthe following: a. Limiting allowed land uses to be consistent with the planned function of the transportation facility; or h. Amending the Transportation System Plan to ensure that existing,improved,or new transportation facilities are adequate to support the proposed land uses consistent with the requirement ofthe Transportation Planning Rule; or, C. Altering land use designations,densities,ordesign requirements toreduce demand for automobile travel and meet travel needs through other modes of transportation. Staff interprets this section such that it applies only to rezoning—a change from one City zoning district toanother. Because the zone change proposed through ZC2O2O-O2comes with annexation in order to assign City zoning, and the proposed zoning districts comply with the Comprehensive Plan land use map designations, the criteria are not applicable. Not applicable. Trillium Reserve ANX2O2O'O], PUD2O2O'O2,etc.Staff Report Attachment 102 Page 11of56 39 Riparian Corridor and Wetlands Overlay District (RCWOD) Provisions RCWOD Provisions 2.05.05 Riparian Corridor and Wetlands Overlay District A. Purpose The Riparian Corridor and Wetlands Overlay District (RCWOD) is intended to conserve, protect and enhance significant riparian corridors,wetlands,and undeveloped floodplains in keeping with the goals and policies of the Comprehensive Plan.The RCWOD is further intended to protect and enhance water quality, prevent property damage during floods and storms, limit development activity in designated areas,protect native plant species,maintain and enhance fish and wildlife habitats,and conserve scenic and recreational values. B. Boundaries of the RCWOD 1. The RCWOD includes: a. Riparian corridors extending upland 50 feet from the top of the bank of the main stem of Senecal Creek and Mill Creek and those reaches of their tributaries identified as fish-bearing perennial streams on the Woodburn Wetlands Inventory Map; and b. Significant wetlands identified on the Woodburn Wetlands Inventory Map. Where significant wetlands are located fully or partially within a riparian corridor,the RCWOD shall extend 50 feet from the edge of the wetland; and C. The 100-year floodplain on properties identified as vacant or partly vacant on the 2005 Woodburn Buildable Lands Inventory. 2. The approximate boundaries of the RCWOD are shown on the Zoning Map. The precise boundaries for any particular lot should be verified by the property owner when making a land use application. Map errors may be corrected as provided in this Ordinance (Section 1.02.04). The subject property has a southerly east-west drainage way resulting from existing topography and that goes into a culvert under N. Boones Ferry Road. In response to the incompleteness letter of November 24, 2020 in which staff noted that the narrative omitted mention of RCWOD, the applicant submitted on January 15, 2021 as Exhibit K an RCWOD memo dated December 16, 2020 that concludes that RCWOD is not applicable. (Incidentally, no other overlay districts from 2.05 apply.) P Not applicable. Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 12 of 56 40 Subdivision reU^m^nary Approval Provisions ons Subdivision Preliminary Approval Provisions 5.03.10 Subdivision Preliminary Approval A. Purpose: The purpose of a Type U| Subdivision decision is to ensure that the division of properties into 4 or more lots complies with the standards of this Ordinance (Sections 2 and 3). Subdivisions are allowed in all zones, provided the proposal meets applicable standards. B. Criteria: Preliminary approval of a Subdivision shall require compliance with the following: 1. That approval does not impede the future best use ofthe remainder ofthe property under the same ownership or adversely affect the safe and efficient development of the remainder of any adjoining land oraccess thereto. 2. That the proposed development shall beserved with city streets, water, sewer and storm drainage facilities with adequate capacity. 3. That the plan for the development takes into account topography,vegetation and other natural features ofthe site. 4. That adequate measures have been planned toalleviate identified hazards and limitations tn development: a. For wetlands these shall bethe measures required by the Division ofState Lands for regulatory wetlands. b. For unstable areas,demonstration that streets and building sites are ongeologically stable soil considering the stress and loads. 6. The preliminary plat complies with all applicable provisions of this Ordinance (Sections 2and 3),except where waived by variance. Because the subdivision is for planned unit development (PUD), which can and does modify VVD[> provisions, the criteria are met through the PUD provisions, including modification by PUD to establish a smaller rninirnurn lot area standard. 0 PUD: Staff further addresses VVD(] and modified subdivision standards below under the Planned Unit Development Provisions section. Trillium Reserve ANX2O2O'O], PUD 2O2O'O2,etc.Staff Report Attachment 102 Page 1]of56 41 Planned Unit Development Provisions Planned Unit Development Provisions 3.09 The purpose of this Section is to establish the requirements for Planned Unit Developments (PUDs). PUDs allow flexible development standards,unique street cross-sections,and more variety in permitted uses. They are especially appropriate when developing properties with unique topographic, geotechnical, or other constraints. They also encourage innovation and creative approaches for developing land. In exchange for the ability to modify development and use standards, PUDs must provide common open space and enhanced public amenities. PUD is a discretionary land use application type allowing developers to modify WDO provisions— such as getting smaller minimum lot areas and higher residential density — in exchange for a minimum area of open space, minimum common area improvements, and what the City interprets to mean "enhanced public amenities". More to the point, the conditions of approval and the related 200 series of attachments establish PUD development standards and common area improvements. The developer is indicating refusal to dedicate to the City public parkland, namely Tracts I & K. Regarding the issue of parkland along with annexation criterion CA (Comprehensive Plan) and the staff note regarding criterion C.3a5) (Council identification of substantial unmet community need), obtaining parkland would meet Comprehensive Plan policies below,where italics indicate staff emphasis: Policy Page Policy No. No. G-1.18 29 Conversion of land within the boundary to urban uses shall be based on a consideration of: (a) Orderly, economic provision for public facilities and services. G-2.1 32 For each proposed expansion of the City, Woodburn shall assess the proposal's conformance with the City's plans, and facility capacity and assess its impact on the community. G-2.2 32 Woodburn will achieve more efficient utilization of land within the City by: (a) Incorporating all of the territory within the City limits that will be of benefit to the City. G-2.3 33 Woodburn will use annexation as a tool to guide: ... (c)The efficient use and extension of City facilities and services. Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 14 of 56 42 Below are four images, a vicinity map, a vicinity map showing the location a parks map (Attachment 104B) reproduced at a small scale, and a close-up with the parks map: r z z ;y , Image 102A-Vicinity map: Subject property in purple, City parks in green The vicinity map shows the subject property in purple in relation to City parks in green. Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 15 of 56 43 IIS 0 � y , 1 WOODBURN r Image 102B-Dove Landing parkland The Dove Landing parkland map represents the City/pub parkland Tracts I & K, which total 8.32 acres, in dark green in relation to existing City parks in light green. �m `,""mr ;gym rr'�+�� I� „ ��ll«U��ri�u ��u i ��i�� All�il� �vi,w��ts��i��,lur��u ��„ � 'r �d�l��n�rr r if pya111�UP�l�titi�s'��iiU � �,u 4� �s�:ri, a, -�,ti�u, � ^PPlIU7f01� 1 + „ .�1✓7�11lWlSN' ✓'�>!1 >� „�111�I1M , [.ou- 7 7.—...��II'�� ai�ol;��X�ti:. r�” ✓J..... ..,,Ci. i-n��r:�,"r nitir 0 A. w � r Image 76A: Neighborhood Access Image 76B: Walkable Access Both excerpted from the Parks and Recreation Master Plan(2009),pp. 76-77 Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 16 of 56 44 The Parks and Recreation Master Plan (2009), pp. 76-77, includes the above two purple and yellow figures. The two pages are included as Attachment 104A. P. 77 describes access to parks and improving level of service and in the third paragraph refers to an ideal of a park within 1/3-mile from each home. f'I4qh u.-w:o. n � � n �i%n` I raruul rrmtrunup ilpoaN ui xAVl�Ar Orifi�(� r �k Image 76A-1: Close-up of North UGB Neighborhood Image 76B-1: Close-up of North UGB Walkable Access Access(Approximate area of Dove Landing outlined in (Approximate area of Dove Landing outlined in green) green. Note that the parks plan assumed a larger north UGB expansion than the City later adopted. Both maps show how remote Dove Landing would be from existing parks were it to fail to dedicate Tracts I & K as parkland. ON _f7 ;P �f'Dg t NDN g� aR �"�77 r } ,i rr 4q4"}f�'LL�� i � t 4',�`:*,��,C,�y.✓'' kt zi tw ��'� i - �l N u Lytes } t Y 1 J; �9�9f1 � 4s �' Pyr ra _ iR'(,fWQC)[]hurn SLIw-1 Id1dpx A,Wh 4`AI M HIuAi, Image 102C-Parks map "Street Index with Park Buffer"(cropped view of Attachment 104B) Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 17 of 56 45 This map shows City parks in dark green and walking distance buffers of% and 1/3 miles (blue and gray respectively). � 0"0 � �,.,,r�Iv c,,a..0 ly � i�i�� '.,,3'(„� ry ✓f”' ,�t��p �"ir�j�"��)NVI'i` �'T` � /y v � %� � �f Y� �x j�f E✓ tr��'r„ +k P fp q � �`�i �m�P� �P a ✓1r�I�Yv�! t s -' 101 f' s:, wr ,7rfkJli} Fy �'/ flv A' F r t w � r i F t � 6 f� r�t u r ,• ,� 1 .�, m f i'^ "� w,i ",. r. "3�G � Image 102D-Parks map "Street Index with Park Buffer": North UGB close-up This map shows City parks and walking distance buffers of% and 1/3 miles (blue and gray respectively) in a close-up of the north urban growth boundary (UGB). � 1 I i Image 102E-1—Dove Landing close-up Image 102E-2—Site plan marked with tracts to dedicate(as parkland) Compared with the Dove Landing site plan, the majority of lots would be beyond the outermost crow-fly buffer of the nearest park, which is Heritage Park. The walking distance of 0.7 miles more than twice exceeds the 0.33 mile buffer distance. Staff emphasizes that access to parks isn't merely about proximity of future residents of Dove Landing to public parks, but also providing adequate parks level of service for existing residents based on the desires and Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 18 of 56 46 inadequacies that the Parks and Recreation Master Plan describes, in particular larger parks with regional facilities. The area north of OR 214, which lies between 1-5 and N. Front Street, has only two public parks: 1595 1594- 2595' � 298 2597 ^wr- 1791 � u 1581 1578 I•,:e: J��° 2594 .. 158'7 ,1584 7787 � '2598 185'3 I) 2588 /12585 i� / 1539 � it , 1538 2585 ��l,�D��l 1739 2584 25$2 j X1325 �� 1588' 1371 'i '7275, 7475�� 1483 1444 %%(� 111111 YI�f 7451 1428 I'�,l' 1439 1412,;, 1427 1438 �/ 1"785' •,. 8 1188 135/ r / 1315 11, 1788 IA185 /�' 118 Image 102F-1 -Senior Estates Park Image 102F-2-Heritage Park The Marion County Assessor aerials are at the some scale relative to each other. The closest, Heritage Park at 2588 Jamestown Street, at 0.34 acres is the size of a house lot, contains a small playground and a small basketball court, and publicly visible only from a cul-de- sac and a side street. The walking distance from the SE corner of Dove Landing is 0.4 miles or 8 minutes at 3 miles per hour (mph). The next closest, Senior Estates Park (no address), is 4.01 acres, and contains a few minor improvements: paths and at least one dog waste station. The walking distance from the SE corner of Dove Landing is 0.7 miles or 14 minutes at 3 mph. Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 19 of 56 47 Neither park is a regional park. The Parks and Recreation Master Plan (2009) indirectly defines such through description: "Multipurpose, large regional centers (65,000 to 125,000+ sq. ft.) for all ages/abilities with all amenities in one place" (p. 35). The closest is Legion Park. The largest regional park, Centennial Park, is in the opposite area of the UGB from Dove Landing. As parks director, the Assistant City Administrator directed January 20, 2021 that Tracts I & K be public and conform to the general improvement concept of having a playground, paved recreational paths/trails, open grass play area, 1-2 picnic shelters, restrooms, benches, trash receptacles, and dog waste stations. Staff conditioned accordingly and vetted with him the details of Attachment 203. The City Council adopted the Parks and Recreation Master Plan via Ordinance No. 2458 on July 13, 2009 as part of the Comprehensive Plan per ordinance Section 2. In regards to aforementioned annexation criterion C.3a5), the plan identified substantial unmet community need, a need that applies to Dove Landing and that the PUD can address by dedicating Tracts I & K as parkland. Such parkland dedication and improvement furthers the Parks and Recreation Master Plan by: • Providing amenities that are higher rated by Figures 17 "Importance of outdoor recreation facilities to be added, expanded, or improved" (p. 55) and 18 "Most important outdoor facilities to be added, expanded, or improved" (p. 56) • Providing some of desired "improvements to parks and facilities" (pp. 5&6) o All parks: drinking fountains o General: additional trails, park benches • Serving "underserved portions of Woodburn ... Geographic .... UGB expansion" (p. 6) • Serving "Goal 5: Increase cost recovery and funding" (p. 14) by obtaining free dedication of parkland through development, especially development with any of deviations, modifications, and variances subject to discretionary review, including PUD • Serving "Goal 8: Plan for community growth", which includes the action steps of "considering requiring developers to develop dedicated parks" and "Look for park land in the areas of Woodburn that are anticipated to have rapid growth including east of I- 5" (p. 22). The total 8.32 acres of Tracts I & K, with Tract K being the larger one at 7.2 acres, appeals to the Assistant City Administrator as parks director in that the size can easily fit regional facilities were the City to later construct or install them. The two tracts are 26.7% of the gross site area in the context of PUD standard of 30% open space. The remaining tracts as common areas compose the total of 33% per land use review plan Sheet 4 that the developer proposes as open space. Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 20 of 56 48 Dove Landing has 166 houses, constituting what staff considers a larger development. In short, Tracts I & K as City public parkland are public benefits commensurate with the PUD. Looking again to Comprehensive Plan policies, requiring public parkland meets: Policy Page No. Policy No. D-1.1 14 Residential areas should be designed around a neighborhood concept. Neighborhoods should be an identifiable unit bounded by arterials, non-residential uses, or natural features of the terrain.The neighborhood should provide a focus and identity within the community and should have a community facility, such as a school, park, or privately owned community facility to allow for interaction within the neighborhood. L-1.2 48 Where feasible,the City will acquire and develop neighborhood parks, trails, and open spaces through the development review process. L-1.4 48 To ensure walkability, the City will strive to provide parks, trails, and indoor facilities within one-third mile of Woodburn residents. Having mentioned earlier that the Council adopted the Parks and Recreation Master Plan via Ordinance No. 2458 on July 13, 2009 as part of the Comprehensive Plan per ordinance Section 2, staff adds that the ordinance also amended Comprehensive Plan policies to implement the parks plan - including by amending the above parks policies as shown in the excerpt below from the ordinance Attachment A, pages 1-2: ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... five means ef PRwidin eed p 75 _1001 park e 1.....D°. Where feasible the C'ity will acquire and devolop nei hboarhood parks, trails and open s ces throueb the development review process. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... �1TTA.:' [AT—A-- • ughr-l�e9eted Teat Section Rade of . Bald Underline–ProrA)sed Text Change IL»1.4 As a supplement ie!he City'sdoh master plang shall inalude pmvi...0.-1-r-F--d-N.—late paEk and reereafiona, facer- To en sure walkability,the City will strive to provide parks,trails„ and indoor facilities within orae-third mile of Woodburn.residents. This confirms beyond doubt that the policies serve to implement the parks plan. It also reinforces the application of Policy L-1.2 to developments including PUDs. Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 21 of 56 49 Here are the key WDO issues regarding the park dedication issue: 1. Commensurate public amenities are required for PUDs. A basic purpose of a PUD is to allow modifications to development standards (e.g. lot size and configuration) in exchange for enhanced public amenities and to obtain public amenities that are commensurate with and justify modifications to WDO provisions. 2. Annexations should meet unmet community needs. The Parks and Recreation Master Plan, as part of the Comprehensive Plan, identifies a lack of public parkland as an unmet community need, and were the developer to not dedicate parkland it would exacerbate the deficiency. 3. Annexations are required to benefit the City and each approval requires a review to assess impact on the community. Comprehensive Plan Goal G-2 states that the City incorporate territory that will be of"benefit to the City", and Policy G-2.1 confirms that, "For each proposed expansion of the City, Woodburn shall assess the proposal's conformance with the City's plans, and facility capacity and assess its impact on the community." Not dedicating the parkland would worsen current parks level of service and adversely impact (i.e. harm) the community. 4. Park acquisition/development should occur concurrently with development: Council adoption of the parks plan also reinforced Comprehensive Plan Policy L-1.2 as applied to developments including PUDs: "Where feasible, the City will acquire and develop neighborhood parks, trails, and open spaces through the development review process." Additional factors in support of about why parkland dedication is essential as part of this development are below: A. The developer already proposes the two tracts to be open space with park-like landscaping—a basic PUD standard is that 30% of the gross subject property area is to be common area, conventionally understood to be mostly open space. B. Tracts I & K can well serve as regional parks, and are commensurate with Dove Landing at least in terms of size—8.32 out of 31.31 gross acres (26.7%) —and in relation to the proposal of 166 houses. C. To require dedication of two of the several open space tracts to the City as public land instead of to a private association as common area has no effect on providing the territory itself as open space—the developer wasn't going to build housing on it anyway. D. The territory would remain just as open to residents of Dove Landing as parkland as it would were it to remain as private common area. E. An association would be spared maintenance responsibility with the territory as public parkland, and homeowners spared greater dues for such maintenance. F. If the City were to pass on obtaining the parkland now, the opportunity likely would disappear. In this case, though the tracts wouldn't be developed with lots, it would become annexed private property having higher assessed value by being within city limits Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 22 of 56 50 and surrounded by development, raising the implied purchase price—were an association ever a willing seller or the City were ever willing to exercise eminent domain. 3.09.01 Allowable Types and Minimum Area of PUDs A. Transfer of Density PUD 1. A Transfer of Density PUD shall consist entirely of property in any residential zone, or in more than one residential zone. A Transfer of Density PUD may only be used to transfer residential density from undevelopable areas of a site (riparian corridor,floodplain,wetlands, unstable soils or slopes)to developable areas of a site,but not to increase the overall number of dwelling units allowed on the site. Note:This development option is often called cluster housing. 2. There is no minimum site area for a Transfer of Density PUD. B. Residential PUD 1. A Residential PUD shall consist entirely of property zoned RS, RM, RSN, RMN, RIS, or P/SP, or in more than one such zone. A PUD is not allowed in the Neighborhood Conservation Overlay District (NCOD). 2. A Residential PUD shall contain a minimum of two acres. C. Mixed-Use PUD 1. A Mixed-Use PUD may consist of property in any zone or zones.A Mixed-Use PUD is not allowed in the Neighborhood Conservation Overlay District(NCOD). 2. A Mixed-Use PUD shall contain a minimum of three acres. The applicant's narrative (October 29, 2020, p. 42) states "This PUD does not propose any density transfer." Thus, the PUD of 166 houses appears to be a Residential PUD per subsection B. The PUD contains at least two acres and territory to be annexed and zoned RS. The provisions are met. 3.09.02 Allowed Uses A. Transfer of Density PUD Single-family dwellings, manufactured dwellings, duplexes, row houses,and multiple-family dwellings shall be allowed in a Transfer of Density PUD. B. Residential PUD Any use allowed in any residential zone shall be allowed in a Residential PUD (see Table 2.02A). No separate Conditional Use process shall be required for any use that is described in the Detailed Development Plan and the project narrative. C. Mixed-Use PUD ... Because the proposal includes no density transfer, what would be a conditional use per the base zoning district, or more than one base zoning district, the provisions are not applicable. D1ua��J Not applicable. Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 23 of 56 51 3.09.03 Density Transfer A. Any PUD may be used to transfer residential density from undevelopable areas of a site (riparian corridor,floodplain,wetlands, unstable soils or slopes)to developable areas of a site. Up to 40 percent of the density may be transferred,except as provided in Sections B through G, below. No more than 100 percent of the density may be transferred. B. If the PUD dedicates to the City or provides an easement for a trail or bike path shown in any adopted City Plan,an additional 20 percent of the density may be transferred. C. If the PUD dedicates to the City property abutting a public park,the Commission may allow up to an additional 20 percent of the density to be transferred,commensurate with the amount and usability of the property dedicated. D. If the improved common area of the PUD is available for use by the public,the Commission may allow up to an additional 10 percent of the density to be transferred,commensurate with the amount and usability of the improved common area.The area must be permanently posted with a sign reading, "This common area is available for use by the public." E. If the PUD plan proposes landscaping or buffering that exceeds the WDO minimum standards by at least 25 percent,the Commission may allow up to an additional 20 percent of the density to be transferred,commensurate with the amount,quality,and variety of the enhanced landscaping or buffering. F. If the PUD plan proposes stormwater mitigation measures that exceed minimum City standards by at least 25 percent,the Commission may allow up to an additional 10 percent of the density to be transferred, upon a recommendation by the Public Works Department. G. If the PUD plan proposes other environmental,sustainability, or architectural enhancements, the Commission may allow up to an additional 10 percent of the density to be transferred, commensurate with the amount,quality, and community benefit of the enhancements. Such enhancements may include, but are not limited to,solar heating or electrical generation, community gardens, public art, mitigation of off-site stormwater,and greywater diversion. Because the proposal includes no density transfer, the provisions are not applicable. Not applicable. 3.09.04 Conceptual Development Plan A. PUDs require both a Conceptual Development Plan and a Detailed Development Plan.These reviews may be accomplished sequentially or as a consolidated review, at the applicant's discretion. B. A Conceptual Development Plan shall include drawings and a narrative describing the surrounding neighborhood,existing site conditions,general development areas,phasing, land uses, building envelopes,architectural theme,landscaping and buffering,streets, bicycle and pedestrian circulation,common areas, utility locations, sign theme,and other information the Director may deem necessary to convey the concept plan. The application materials indicate that the applicant seeks Conceptual Development Plan approval. Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 24 of 56 52 The provisions are met. 3.09.05 Detailed Development Plan A. PUDs require both a Conceptual Development Plan and a Detailed Development Plan.These reviews may be accomplished sequentially or as a consolidated review, at the applicant's discretion. B. No building,grading, access, or other development permit may be issued until a Detailed Development Plan has been approved for at least one phase of the project. C. Buildings shown on a Detailed Development Plan are exempt from Design Review if they are in substantial conformity to the Detailed Development Plan (see Section 3.07.01.B). D. A Detailed Development Plan shall include drawings and a narrative sufficient to demonstrate compliance with the Conceptual Development Plan and any conditions of approval previously imposed.A Detailed Development Plan shall provide specific information regarding the site layout, architecture,and proposed amenities.A Detailed Development Plan that proposes land uses not in the Conceptual Development Plan or that deviates by more than ten percent from any development standard in the Conceptual Development Plan for any phase,or that does not meet the standards of this Section shall not be approved.The applicant may request that the decision-maker approve such a plan as an amended Conceptual Development Plan. The application materials indicate that the applicant seeks both PUD Conceptual Development Plan and Detailed Development Plan (DDP) approvals. Staff applies a PUD condition, similar to as was done for the Smith Creek PUD (ANX 2017-05) and is being done for Trillium Reserve PUD (ANX 2020-01), to conform to 5.01.07, the purpose of which is to ensure that the PUD is in substantial conformance with the conditions of the DDP approval. Staff applies a PUD condition for PUD Final Plan Approval process. Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 25 of 56 53 3.09.06 Development Standards A PUD is intended to allow flexibility in the development standards of Sections 2.02 through 2.04 and 3.01 through 3.10. The Detailed Development Plan may propose modified standards without a separate Variance.Any standard that is not proposed for modification shall apply to the PUD.The development standards stated below shall not be modified through the PUD process. A. Common area and density shall comply with Table 3.09A. Common Area and Density Standards for Planned Unit Developments Table 3.09A Transfer of Density Residential Mixed-Use Common Four or fewer dwelling units All undevelopable site area Area, Five or more dwelling units, 30 percent of gross site area, including all Minimum or nonresidential uses undevelopable site area 1 Improved Four or fewer dwelling units None Common Area, Five or more dwelling units 100 square feet per dwelling unit Minimum Nonresidential uses None None None Residential Density, Minimum (units per net pursuant to the Comprehensive Plane acre) Residential Density, Maximum (units per net acre) Not specified 4 1. At least one common area shall be sized to accommodate a circle 25 feet in diameter. 2. In residential zones only. There is no minimum for non-residential zones. 3. Child care facility for 13 or more children,group home for six or more persons. 4. The maximum density is determined by setbacks, off-street parking,open space,and other requirements. Pursuant to Comprehensive Plan Policy Table 1, Note(p. 7), allowable densities may be increased through PUD above the maximum(s) of the base zone(s). First, before applying standards from the table, definitions from 1.02 are in order: • "Common area": Not defined. • "Improved common area": Not defined. However, the next section beyond Table 3.09A, which is 3.09.066, states that, "Common areas are deemed improved if they are provided with benches, playground equipment, gazebos, picnic facilities, or similar amenities. Lawn area by itself does not constitute improvement. Trails or paths do not constitute improvement, unless they connect to the public trail system. Common meeting or recreation rooms are deemed to be improved common areas." Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 26 of 56 54 • "Open space, common": "An area, feature, building or other facility within a development which has been dedicated in common to the ownership within the development, or to the public, specifically for the purpose of providing places for recreation, conservation or landscaping, and which is intended for the use of the residents and property owners of the development." • "Open space, usable common": "Common open space, the use of which conforms with use and development guidelines specified by the Woodburn Development Ordinance." It appears that through the table, "common area" describes the same as "open space, common". "Improved common area" could mean the same as "open space, usable common", except that the definition is vague and refers to WDO guidelines and specifications that simply don't exist except for 3.09.0613, so the description in 3.09.0613 stands. Staff concludes that the City through PUD can define the details of what "improved common area" and "similar amenities" mean as standards and require that they be met. Staff concluded the same and acted accordingly for the Smith Creek PUD (ANX 2017-05) and is acting accordingly for the Trillium Reserve PUD (ANX 2020-01), for example. Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 27 of 56 55 Second, looking at the applicable standards from the table, they are as follows: Common Area, Minimum: Five 30 percent of gross site area, 30.0% of the subdivision gross or more dwelling units, or including all undevelopable site area is (31.13 acres x 0.3) =9.34 nonresidential uses areal acres 'At least one common area shall The applicant proposes 30% be sized to accommodate a with common area tracts circle 25 feet in diameter. totaling 9.55 acres, excluding the stormwater detention pond. Including this pond equals 10.72 acres at 33%. Improved Common Area, 100 square feet per dwelling The next section beyond Table Minimum: Five or more unit 3.09A, which is 3.09.06B, dwelling units defines improved common area. At 166 dwellings, the improved common area min is 166 x 100 sq ft= 16,600 sq ft. It appears the playground (on Tract H) and the path pavement areas on several tracts together could meet the min in terms of area. However, see also the text past this table in "Table Supplement" Residential Density, Maximum Pursuant to the Comprehensive Through Policy Table 1 starting (units per net acre) Plane on plan p. 7, the table has a footnote stating, "Note: ... 2 I residential zones only. Allowable densities may be There is no minimum for non- increased through the residential zones. discretionary planned unit development review process." The proposal does so and proposes at least 6.8 dwelling units (DUs) per net acre. The conditioned development standards acknowledge such. Residential Density, Not specified' The proposal is 166 houses on Maximum (units per net acre) small lots equal to an average 'The maximum density is lot size of 6,406 sq ft and a determined by setbacks, off- density of 6.8 houses (dwelling street parking, open space, and units or DUs) per net acre. other requirements. Pursuant Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 28 of 56 56 to Comprehensive Plan Policy Additionally, Oregon House Bill Table 1, Note (p. 7), allowable (HB) 2001 (2019) and OAR 660- densities may be increased 046 took effect that require through PUD above the most cities including Woodburn maximum(s) of the base to allow "middle housing"— zone(s). duplexes, triplexes, quadplexes, cottage clusters, and townhouses—as follows: (a)All middle housing types in areas zoned for residential use that allow for the development of detached single-family dwellings; and (b)A duplex on each lot or parcel zoned for residential use that allows for the development of detached single-family dwellings. The max density is as follows: 27.2 DUs per net acre for the 166 lots to allow a theoretical maximum of four dwellings per lot composed of a combination of houses and middle housing. Note: Accessory dwelling units (ADUs) don't count against max density, and the bulleted maximums exclude the golf course territory. In service of substantial conformance, a PUD condition establishes as a development standard min density equal to what's proposed. Table Supplement However, per the purpose statement of 3.09, a PUD is to provide "enhanced public amenities". 5.03.0613.6 is a Conceptual Development Plan approval criterion: "That the requested flexibility in development standards is justified by commensurate public benefits." Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 29 of 56 57 First, staff applies Table 3.09A such that the PUD standards are a base and not exhaustive. Additionally, the table itself addresses common area, but doesn't address the distinction of private common versus City/public area. Based on the 3.09 purpose statement and the Conceptual Development Plan criterion of 5.03.06B.6, any PUD should have more than the bare minimum per Table 3.09A. Besides off-street bicycle/pedestrian paths that are paved, the only proposed common area improvements are a playground on Tract H and a wood chip pedestrian path on Tracts I & K. The proposal provides no public access to the playground and provides public access to subdivision connection paths on Tracts B, D, & L-O (but not also F). It provides no access to the largest and park-like common area tracts, Tracts I & K. The proposal fails to provide enhanced public amenities. Second, the size of the subject property at 31.13 gross acres and the number of proposed dwellings, 166, are much larger than the minimum size for a PUD that ranges from 2-3 acres. The proposal fails to provide public amenities that are commensurate with the PUD modifications that the applicant requests. A PUD condition through Attachment 203 requires greater common area improvements, particularly for Tracts I & K, which the applicant proposes as common area, that the City is requiring through a PUD condition to be dedicated to the City as public parkland with some improvements. Conclusion Lastly, here staff addresses development standards in lieu of addressing them in the Subdivision Preliminary Approval Provisions section: A PUD condition establishes development standards, each on either modified by PUD or as in the WDO. Because the standards accommodate the proposed subdivision, the proposed subdivision meets them. The provisions are met. B. Improved Common Area 1. Common areas are deemed improved if they are provided with benches, playground equipment,gazebos, picnic facilities,or similar amenities. Lawn area by itself does not constitute improvement.Trails or paths do not constitute improvement, unless they connect to the public trail system. 2. Common meeting or recreation rooms are deemed to be improved common areas. 3. Improved common areas are subject to the performance guarantee provisions of Section 4.02.08. Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 30 of 56 58 Staff addressed this through 3.09.06A above. C. Streets 1. A PUD shall conform to and,where possible, enhance existing or planned vehicle, pedestrian and bicycle networks,including connections and functionality. Note: See Figures 7-1 (Functional Classification Designations),7-3(Pedestrian Plan), and 7-4(Bicycle Plan) of the Transportation System Plan. 2. All streets shall be public. 3. Boundary and connecting streets shall use the street sections of Section 3.01.04. 4. Internal streets may use the street sections of Section 3.01.04,or the PUD may propose other street sections, provided that the streets: a. conform to the Oregon Fire Code (see Figures 3.04C and 3.04D) b. include sidewalks,and C. are constructed to the specifications of the Public Works Department. D. Parking If a front setback of less than 20 feet is proposed,the requirement of Section 3.05.03 for an improved parking pad for single-family and duplex dwellings may be satisfied by on-street parking or by a common off-street parking lot. E. Signs 1. A PUD may include a sign plan to require a common architectural design and location. 2. The standards of the Mixed Use Village(MUV)zone shall apply to commercial uses in the residential zones of a Mixed-Use PUD. The street improvements as proposed or conditioned meet or exceed 3.01, including Figures 3.01A, C, & G: ......................................................................................................................................................................................................................................................................................................................................................................................................... Connecting Street Boundary Street Boundary Street NI .�„ . °�„ Connecting 2�ofeet Internal Street ';°"' MorethanStreet 260 feet Property being �g "N, ,° \ developed Figure 3.01�A....... Internal, Boundary,.........and Connecting Streets................................................................................................................................................. Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 31 of 56 59 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ail f Ilk PUBLIC UTILITYw s PUBLIC UTILITY EASEMENT JJJ o%' %/ " `i EASEMENT s •" ' 7' 10' 10' 7' 51 SIDE LAND7' TRAVEL TRAVEL 7' LAND SIDE 5' WALK SCAPE PARKING LANE LANE PARKING .SCAPE WALK S' 34' RnW=60' ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... PUBLIC UTILITY PUBLIC UTILITY +` EASEMENT' r�/�!��✓J�i�;,° %//nm m� i EASEMENT ro 12' 1 6` fi" 6' 12' CENTER 12' 6' 6' 6' 1' SIDE LAND BIKE TRAVEL LEFT TURN TRAVEL BIKE LAND SIDE 5 WALK SCAPE LANE LANE LANE LANE LANE SCAPE WALK 6 Top: Figure 3.01C — Minor Arterial(This applies to N. Boones Ferry Road.) Bottom: Figure 3.01G — Local Residential Street with Parking Both Sides, 60 Foot Right-of-Way(This applies to remaining streets.) Street improvements include wider sidewalks to encouraging walking and accommodate cyclists who feel safer on sidewalk. Off-street public improvements include in place of additional streets a few subdivision connection paths, bicycle/pedestrian paths through Tracts B, D, F, & L-O as shortcuts within the street network. A Staff applies a PUD condition to specify street improvements. 3.09.09 Owners/Tenants Association Any land and structures not dedicated to the public, but reserved for the common use of the owners or tenants,shall be subject to control by an association of owners or tenants. Staff applies a PUD condition to ensure conformance. Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 32 of 56 60 3.09.10 Phasing A. A PUD may be developed in phases, pursuant to Section 5.03.05. B. Phases shall be functionally self-contained with regard to access,parking, utilities, open spaces,and similar physical features,and capable of occupancy, operation, and maintenance upon completion. C. The phased provision of common areas and improvements shall be roughly proportional to the development of housing and other elements intended for private ownership. D. At least one improved common area sized to accommodate a circle 25 feet in diameter shall be provided with the first phase. There's no phasing. Not applicable. [Other] ORS 92.040(3) sets a 10-year expiration on development approvals in order to help with the issue of entitlement "vesting". It also local governments to set shorter periods, and staff opts to do so in case the project begins to manifest during the 3-year land use approval window but slows down or stops afterwards. Condition SUB-1 sets an ultimate deadline. As an example, were another recession like the Great Recession to occur and lead to a "zombie" project, it would be clear when an apparently dormant project was dead. . Staff applies a SUB condition to clarify the issue of"vesting". A geotechnical or "geotech" report is necessary for subdivision improvements. It became necessary for Smith Creek Development building permits, and the master developer happened to have prepared one in keeping with private agreements with homebuilders and so was able to submit it on short notice. Thankfully, the report document no field conditions that needed correction. The Building Official thought Public Works handled Geotech reports, and this item isn't a WDO requirement or a Planning Division policy item. So, staff established a condition that gets the developer to submit a copy prior to the City accepting subdivision improvements. A Staff applies a SUB condition regarding a geotech report. PUD per the opening purpose statement of 3.09 refers to "enhanced public amenities", which along with annexation as interpreted by staff includes upgrades to public works. The Public Works Department asked for what became Conditions PUD-PW1 & 2 to reinforce related items with the Public Works comments that are Attachment 102A. Staff mentions annexation again because public facilities, a.k.a. public works, with adequate capacity are an annexation criterion. Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 33 of 56 61 A Staff applies Conditions PUD-PW1 & PUD-PW2 supporting Public Works Department desires regarding sanitary sewerage/sewer and stormwater management. PUD per the opening purpose statement of 3.09 refers to both "enhanced public amenities" and "unique street cross-sections", which staff interprets to include what it considers "upgrades" such as wider sidewalk segments, more street trees, and traffic calming in the form of patterned poured concrete crosswalks as subtle visual reinforcement for drivers. Staff also accommodates some of the developer's desires, such as to have bulb-outs or curb extensions at most of the proposed locations (all except the 4 along N. Boones Ferry Road, per Public Works Dept. request). There are also conditions clarifying vagueness or omissions in the WDO, such as that planter strips need to have grass and groundcover among the trees, not gravel or pebbles. Another two examples are to preserve trees and specifying how to implement dead-end street provisions of WDO 3.01.05A.2. Staff also notes for the developer, PUD is a tool for getting more lots and more houses than a standard subdivision in order to get greater profit. In exchange, the City gets enhanced public amenities. For example, staff interprets enhanced public amenities to include through easement public access to common area off-street bicycle/pedestrian paths where paths would not already be on City/public parkland. Staff applies PUD conditions requiring street improvements that meet or exceed the WDO or provide an enhanced public amenity in exchange for meeting a street standard. "Enhanced public amenities" includes common area and "off-street" improvements. Examples are to preserve trees outside ROW, specifying how to apply and remediate the RCWOD, and specifying common area improvements. Staff accommodates some of the developer's desires by requiring common area improvements that are basically the same as what the developer proposed after many discussions with staff, the purpose being to have standards that remain clear to all heading into the final plat stage. Conditions also gain variety in trees, getting more evergreens, establishes a table of standards for off-street bicycle/pedestrian paths, and establishes a table of standards for public easements to secure public access to off-street bicycle/pedestrian paths and allow for future mid-block public utility corridors where and as needed. Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 34 of 56 62 Because proposed common areas are just that — private, not any City/public parkland to be dedicated —there is a condition reiterating that there needs to be maintenance association per WDO 3.09.09. Lastly, there is a condition reiterating that there needs to be PUD "Final Plan Approval" per WDO 5.01.07 so that outstanding details are deferred after land use approval, allowing the developer to proceed, but also securing between the developer and the City resolution of details before final plat approval by the City. A Staff applies PUD conditions requiring common area improvements and public access to some improvements. Relating to annexation and more so PUD, a number of transportation (T) conditions call out modest transportation improvements (or fees in-lieu where conditions of approval allow), all from the lr a n s y.�.[ . .:..u. .:..... .y :..".n...._�,�.l a.:......(...l... . ..). • Wayfinding signage for people walking and cycling. The basic objective is that if people perceive they can walk and cycle more easily and safely, they'll do so and drive less. This includes perceiving and getting to and from public parkland just off N. Boones Ferry Road. Based on input from the Assistant City Administrator as parks director about what a wayfinding installation would cost, staff discussions about conditioning of ANX 2019-01 Woodburn Eastside Apartments through Condition T-BP4, as well as ANX 2020-01 Trillium Reserve Condition T-BP2, staff applies the set figure of$1,500 per installation location. • School bus shelter. To further transportation demand management (TDM) through school bus service, the developer is to build or install a small school bus shelter on a common area tract closest to wherever the Woodburn School District bus would stop within or next to the development, the idea being that if there is a public visible and known waiting area sheltered from the elements, children and those parents who choose to accompany them are more likely to ride the school bus instead of parents driving them. Staff concludes by nothing that together Trillium Reserve and Dove Landing all but constitute the north area within the UGB, and it is necessary with development to obtain infrastructure concurrent with development of the north UGB. Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 35 of 56 63 L Staff applies transportation (T) conditions requiring the construction or funding of transportation improvements. Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 36 of 56 64 --------------------------------------------------------------------------------------- Remaining Provisions These are applicable provisions not already addressed in the application type provisions sections above. 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. The proposal is consolidated. 2.07 Special Uses There is no "community club building" (clubhouse). �ii,"P None apply. 3.01 Streets Long-range Planning TSP Figure 6 "Local Street Connectivity Plan" shows street connections into the north area of the urban growth boundary (UGB) that includes the subject property: Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 37 of 56 65 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... WoODBURN Jr, d11— u �G t P ' ,i i v 7� I , f 4V 41 FnturaLo,,a L . . Fumre _ aoaawny x, o ,.foo z.aQo a,aoo Feet City 6ouneary -' urban crowm epunaary Local Street Connectivity Plan F°g1fe -J Woodburn,Oregon 6 Nlote Future roadway altginnni are approximate and subjeplto 7ghheF refinement. TSP Figure 6 There are two blue arrows, one each to N. Boones Ferry Road. The proposal conforms to Figure 6. 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. Planning staff expects the Public Works Department during the final plat stage to ensure that the developer dedicates the minimum streetside PUEs, and the preliminary subdivision drawings indicate conformance with 3.02.01B. Regarding 3.02.01A & C, staff applies a PUD condition for additional public easements for public bicycle/pedestrian access and potential mid-block utility corridors. Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 38 of 56 66 3.04 Vehicular Access 3.04.03 Driveway Guidelines and Standards B. Joint Access 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. Staff declined to apply this to large and deep Lots 36-39. 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. The applicant submitted two exhibits as a TIA: the original TIA (Exhibit G, October 30, 2020) and an addendum (January 15, 2021). The TIA, limiting its conventional analysis to vehicle traffic only, assumed citywide growth in background vehicle traffic through 2022, specifically a compounded rate of 2.0%yearly (Exhibit G, p. 12, Table 6). The TIA studied 9 intersections, the northernmost being N. Boones Ferry Road at Crosby Road and the southernmost N. Settlemier Avenue at Hayes Street. The traffic modeling distributed 20% of trips generated by development to north of the development (to and past Crosby Road) and 80%to the south. The TIA identified no vehicle trip reduction or transportation demand management (TDM) measures. Below are two images serving as vicinity maps of the intersections: Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 39 of 56 67 ........................................................................................................................................................................................................................................ ........................................................................................................................................................................................................................................ xxn. Y � � r• r i * T orev t 72 /J r ... 202 E-TING 2022 E—GRGNVO a T \\za 114 7 7 � f ^r> ` 2022 9L L—T O Vflll� - �c n� f _� O"""^ TRAFFNC YOI.UMES h9 ,:' rnntalra� its Pv..l it NYn Pt�6ay �r,lf��.l�.�rs e.. TIA: First 7 intersections studied TIA: Second 2 intersections studied: N. Boones Ferry Rd& Constitution Ave/Tukwila Dr and Tukwila& Hazelnut Dr TIA intersection locations map adapted from exhibits As of March 16, 2021, no agency including ODOT responded to notice of hearing with any written comment. The City contracted with a transportation consultant (from a company other than the one that prepared the applicant's TIA) to review the TIA, rebut or affirm its conclusions, and advise staff. The consultant might participate in one or more of the public hearings. Boones Ferry Road& OR 214 • The one studied intersection north of the project is outside the urban growth boundary (UGB). • South of the project, BFR & OR 214 is heavily trafficked at peak hours. • Of the studied intersections, the trips that the project would add show that BFR & OR 214 is the most trafficked. • Staff supposes that most of the generated trips are to and from 1-5 (Portland and Salem), the back way to Salem along S. Settlemier Avenue and S. Boones Ferry Road and outer rural roads southwest of Woodburn, and central Woodburn. Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 40 of 56 68 • The intersection includes a state highway under ODOT control (OR 214). • There are no specific plans in any foreseeable time horizon by ODOT to make major physical changes to the intersection or highway. Bicycle/Pedestrian & Transit In the interest of PUD per the purpose statement that opens 3.09 of providing enhanced public amenities, below are comprehensive plan policies that relate to infrastructure upgrades, enhanced public amenities, and improved traveling for those who walk, cycle, and ride transit. Policy Page No. What Related Conditions Address G-1.1 27 Expansion areas of the City are served by adequate public facilities and services. 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 duly requiring frontage/street improvements and also conditioning wide sidewalk segments as a public bicycle/pedestrian path and planter strip segments that are wider and/or have more street trees than standard. The subdivision connection paths also serve. 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 duly requiring frontage/street improvements, conditioning wide sidewalk segments as a public bicycle/pedestrian path and planter strip segments that are wider and/or have more street trees than standard, having the proposed subdivision connection paths, and having some bike parking. These are all to raise the attractiveness, ease, safety, and potential cyclists' perception of safety of cycling. 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 through Conditions T-13131 &T-TI. Regarding off-site sidewalk, the Parks and Recreation Master Plan (2009) on p. 20 identifies the action steps of: Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 41 of 56 69 • "Work with other City departments and community groups to ensure safe pedestrian access across physical barriers to parks and recreation facilities. Incorporate traffic calming strategies at access points to parks, open space, and trailheads. Incorporate traffic calming design techniques into design guidelines, as appropriate." • "Work with the other City departments to provide safe and enjoyable sidewalks or sidepaths as routes to parks." Additionally, the Assistant City Administrator as parks and recreation director on December 3, 2021 asked staff about and indicate interest in an improved route connecting the public parkland to be dedicated with the City sidewalk network. For these reasons, staff applies a condition that requires off-site sidewalk south to Hazelnut Drive. For these transportation reasons and based on the PUD, staff applies bicycle/pedestrian (T-BIP) and transit(T-T) conditions. Additional Issues: Transit Presently, the Woodburn Transit System (WTS) bus loops through east, central, and west Woodburn, but is yet to reach into the north UGB area: ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... a A s r r'" C)C DBURN x ✓ r � , � i 41 % pry I ,1 NNx ' t o 1 5 � i R Woatlbum Tran rt51 p I,_g__a _ �: �f Ty\. mrvm m rvaoahnra c ry Trens]Loop B ByA 5 T,i iCA Roues n t(CAT) 1u � ^^. r 4h. t T-0 50, r ...... on obTrnmistRoules a,�.�'" a 1 00o z oup 3,9D0 t P k NRlde Lufs Billy Boundary — Existing Transit Routes and Facilities Figure i j uroan Towle aollndary Woodburn,Oregon 7 TSP Figure 7(2019) Neither do Salem-Keizer Cherriots nor Canby Area Transit (CAT) serve it. Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 42 of 56 70 Staff discussed conditioning fees towards local and regional bus service and vanpooling, similar as for DR 2019-05 Allison Way Apartments (Condition T-T) and ANX 2019-01 Woodburn Eastside Apartments (recommended Condition T-T1). The Assistant City Administrator declined to support such for Dove Landing. Staff discussed potential T-T conditions that would have required a bus shelter or fee in-lieu and bicycle parking at two bus stops or fee(s) in-lieu and declined to apply them. As a concluding summary, a City objective for the development is to contribute towards increasing walking and cycling appeal and safety. . To address transportation problems, staff applies transportation (T) conditions. 3.06 Landscaping 3.06.02 General Requirements Staff expects the development to meet this section except where otherwise conditioned and will confirm such during PUD Final Plan Approval process. 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 PUD condition. Staff expects the development to meet the remainder of 3.06 except where otherwise conditioned. 3.06.05 Significant Trees on Private Property There might or might not be Significant Trees that are healthy and structurally sound enough and appear feasible to save within the tracts along the road. A To secure tree preservation or fee in-lieu, staff applies a PUD condition. Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 43 of 56 71 Recommendation: Denial In short, because the developer is indicating refusal to dedicate to the City public parkland, staff recommends that the Planning Commission consider the staff report and attachments and recommend denial to the City Council. Were the Planning Commission or City Council to instead pursue approval with conditions, then staff would recommend the specific conditions in the "Alternative: Approval with Conditions of Approval' section below. Alternative: Approval with 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:Attachment 201 serves as a dictionary or glossary defining certain abbreviations, acronyms, phrases,terms, and words in the context of the conditions of approval. The 200 series of attachments are as binding as the conditions of approval in the main body of the final decision. G4. Due dates/ public improvements: a. By application: Unless a condition specifies otherwise, conditions inc. 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 Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 44 of 56 72 application, the applicant shall submit and obtain approval of an =======� b. By issuance: Unless acondition specifies otherwise, ROW and easement dedications and reoordation(s), construction of frontage/street improvements, and construction of off- site, park,� and other public improvements are due bybuilding permit issuance. Where phasing is relevant, building permit issuance means issuance for the phase in which the conditioned improvement islocated. G5. Recordation due dates: The applicant shall apply to the County for reoordationsofitems that the City requires no later than six (6) months prior to expiration of the land use approval as VVD(] 4.02.04B establishes, and shall complete reoordations no later than three years past the land use "final decision" date. The due date tocomplete reoordationsshall not supersede when reoordationsare due relative tothe building permit stage. G6. Fees: The developer shall pay fees per Attachment 2O6. Preliminary Subdivision 2O2O-01 SUB-1. Expiration: Based onORS 92.O4O(3), development per the Council land use final decision may continue 3 years past the decision date, the 3-year approval period being established byVVD[> 4.O2.O4, as follows: a. Subdivision Final Plat: VVD[> 4.02.04B.2 shall mean that application to the City for final plat per VVD(] 5.O1.O6occurs prior to3years past the final decision date. The developer shall name C-E streets beginning with those letters respectively, and shall apply to the City for final plat prior to applying to the County for recordation. b. Recordation with Marion County: Same asVVD[> 5.01.06C.1. (within 3Ocalendar days of the Director's signature onthe plat Mylar). o. Vesting: The decision isvested unless: (1) The developer fails to meet subdivision and PUD requirements, resulting in the City being unable toauthorize staff tosign afinal plat Mylar byJuly 1, 2O26; or (2) There isnosubstantial construction (as defined through Condition G3) byJuly 1, 2026. SUB-2. Documents: a. Geoteohreport: Prior tofinal plat approval bythe City, the developer shall submit tothe Director geotechnical report documenting that, whether or not the developer spreads any fill or spoil dirt across lots and tracts, soil is compacted and ready to accommodate the construction of buildings on lots and tracts proposed for development. Trillium Reserve ANX2O2O'O], PUD 2O2O'O2,etc.Staff Report Attachment 102 Page 45of56 73 b. Plat: Upon recordation,the developer shall submit to PW and cc the Director Adobe PDFs of the subdivision plat and any and all ancillary documents necessary to conform to conditions of approval and not addressed on the face of the plat. Planned Unit Development 2020-01 PUD-PW1. Sanitary sewerage/sewer: a. Were PW to identify in writing a sewer deficiency at the Vanderbeck Lift Station and/or force main and downstream sanitary sewer collection system at the applicable pump station to which sewage would flow from the subject property, to meet WDO 1.01.0113.2 the developer shall either: (1) Construct improvements that remedy the reduction in sewer level of service that the subject project would cause; or (2) Pay a sewer fee, if the Assistant City Administrator allows in writing, equal to one of the following as the City chooses: (a) Two hundred percent (200%) of a licensed civil engineer's cost estimate for a capital improvement project that would remedy the reduction in sewer level of service that the subject project would cause; or (b) An amount equal to 50% of the sewer system development charge (SDC) in addition to, and not as a discount of,the SDC full rate that PW ordinarily assesses. b. Construction or payment shall be due prior to building permit issuance, and if payment, it shall be through fee assessment on and collection through the in-review building permit. Where (2)(b) applies, PW shall have established the SDC amount. PUD-PW2. Stormwater management: Prior to civil engineering plan approval through CEP review, the applicant shall provide to PW an Engineer Stamped Storm Drainage Hydraulic Analysis Report that existing downstream private storm drainage systems have capacity to handle the additional flow from the Dove Landing Development, have the culvert pipe under each of BFR and Olympic have capacity to handle a 100 year base flood event, and to provide a final 100 year floodway, floodplain, and wetland delineation for this development. The applicant is responsible for correcting any capacity and/or deficiencies, including installing new or additional drainage systems, and/or attaining the right to increase stormwater flows into neighboring private stormwater systems. The applicant shall submit to PW an engineered stamped condition report of the existing downstream storm collection system. PUD-PW3. Final Civil Plan Approval: Civil plans shall comply with current City standards, specifications and details, current Oregon Standard Specifications for Construction, current MUTCD and ADA requirements and Marion County requirements, as applicable. Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 46 of 56 74 PUD-1. Mods: The City approves PUD modifications only as written in conditions of approval and the 200 series of attachments, particularly Attachment 202. Other modifications that site plans imply are subject to later administrative approval or denial by the Director. PUD-2. ROWs: For BFR and the proposed local class streets, the developer shall dedicate ROWs that meet or exceed the min widths necessary to conform to WDO Figures 3.01C & G. PUD-3. Frontage/street improvements: These shall be as follows: a. BFR: Per WDO Fig. 3.01C except that planter strip shall be min 6% ft wide inc. curb width. b. Planter strip remainder: Remaining ground not occupied by trees shall be planted with lawn grass. c. Sidewalks: Min 6 ft wide except wider as Exhibit PUD-3c supersedes. The BFR sidewalk dead-end(s) and "P" Street west dead-end shall have ADA-compliant transitions spanning between sidewalk and road shoulder. If PW were to direct during CEP review that the road crossing of the culvert have curb-tight sidewalk, min width shall be 8 ft. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................... ETi KAV1T I FT 1 �N -- . l _- , __. � ___ y ------- LANDING e PUD Exhibit PUD-3c: Sidewalks(blue:min 8 ft wide) d. Overlap: The extra width of planter strip and sidewalk shall either(1) overlap outside ROW into streetside PUE and where applicable Tracts I & K or (2) come with additional ROW to accommodate them. Wider sidewalks shall not narrow planter strips. e. Street trees: Min numbers equal to block frontage ratios per Exhibit PUD-3e. Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 47 of 56 75 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................. Ll f11RQi'P LLL UP +d i ��. r --- - - LANDING FUD Exhibit PUD-3e: Street Tree Min No. (green: equal to 1 tree per 30 ft of block frontage) f. Electric power lines: Electric power lines, whether in or beyond ROW, shall be buried, including those that exist along the BFR frontage. g. Traffic calming: (1) Bulb-outs/curb extensions: This condition approves them as land use review Sheet 5 illustrates, except the four along BFR. PW is prohibited post-approval from later eliminating or shrinking the remaining ones as to virtually eliminate them during CEP review and construction. The developer shall submit a fire truck turn radius plan confirming that the extensions are already designed for such if and when PW requests during CEP review. (2) Crosswalks/ pedestrian crossings along intersection legs per Exhibit PUD-3g shall be patterned poured concrete each min 8 ft wide. ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................... C EiiOf�h�llld�. �A , All 11 1111 11111-1177, 77 I , on .,- ... -7 1111 F cr 7117 1711, l .......... , - ----------- Exhibit PUD-3g: Patterned Poured Concrete Crosswalks(symbolized in blue) PUD-4. Streets, dead-end: Barricades/Signage: Based on WDO 3.01.05A.2b & c, the developer shall place: a. A barricade with sign at the south end of"C" Street and each of the west end of"O" & "P" Streets; and b. A barricade at each of the north end of"C, "D", & "E" Streets. Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 48 of 56 76 Consult PW for a barricade detail, and no later than CEP show both it and a modified version with a sign in conformance with 3.01.05A.2c. PUD-5. Tree preservation: The developer shall preserve trees per Attachment 205. PUD-6. Public parkland: The developer shall dedicate Tracts I & K to the City. Refer to Attachment 203 for required improvements. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. �f 'Zr i. 7`7 A DOVE LANDING UD y Exhibit PUD-6: Tracts to Dedicate to City(outlined in green) PUD-7. Environmental remediation: The developer shall remediate per Attachment 205, Part C. PUD-8. Lot and tract development standards: The standards shall be per Attachment 202. PUD-9. Common area improvements: Improvements shall be per Attachment 203. PUD-10. Association: The developer shall establish a maintenance association per Attachment 203, Part E. PUD-11. PUD Final Plan Approval Process: a. The developer shall conform to WDO 5.01.07, the purpose of which is to ensure that the PUD is in substantial conformance with the conditions of the PUD Detailed Development Plan (DDP) approval, including regarding street improvements, public improvements outside ROW if any, and common area improvements. The developer shall apply to the Director for PUD Final Plan Approval no later than when applying to PW for CEP review. b. Scope: The scope of DDP includes any topic for which any given final decision condition of approval, and any separate document it might reference, is too general to establish civil engineering standards and construction levels of detail. It also includes any topic or Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 49 of 56 77 situation for which no standard exists through previous adoption by PW. The Final Plan Approval process is to establish any and all design details deferred from land use review. c. CEP: The developer shall incorporate a PUD Final Plan Approval by the Director into CEP review by PW and the civil engineering plan set that PW would approve through CEP. Planned Unit Development 2020-01: Transportation T-13131. Bicycle/pedestrian off-site improvements: The developer shall: a. TSP: Construct TSP project P45 (TSP p. 64 as Attachment 104A). b. Off-site sidewalk: BFR & Hazelnut: (1) Objective: Manifest an improved ADA-compliant route linking BFR frontage west sidewalk through off-site sidewalk extension south to the intersection. (2) Sidewalk: Construct a BFR sidewalk extension south from the frontage to either the north or south leg of the intersection, as PW directs, to the degree of conformance with WDO Fig. 3.01C sidewalk placement that west side ROW allows and in compliance with current ADA requirements and pedestrian safety requirements as PW determines. (3) Crosswalk(s): Construct a marked crosswalk or crosswalks across BFR at the north, south, or both legs of the intersection, as PW directs, and one or more ADA-compliant ramps or transitions at the west landing(s). (4) Details: What constitutes an "enhanced pedestrian crossing" per P45, "sidewalk" per (2), and a "marked crosswalk" per (3) and their corollary improvements is up to PW determination through CEP review; however, for P45 &(3)there shall result a physical change to existing pavement and/or striping serving as an obvious indication for most pedestrians, cyclists, and drivers. c. Wayfinding: To further TDM, the developer shall do one of the following: (1) install 3 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 min: (a) 1 sign face at or near the junction of a BFR sidewalk & an "O" Street sidewalk; (b) 1 face at or near the junction of a BFR sidewalk & a "P" Street sidewalk; (c) 1 face at or near the junction of a BFR sidewalk & a Hazelnut sidewalk; 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 Regional Trails Signage Guidelines of The Intertwine Alliance, a trails coalition in the Portland metro area. (2) Pay a fee in-lieu per Attachment 206. [TSP B40 "wayfinding"/P62] Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 50 of 56 78 T-T1. School bus shelter: To further TDM through bus transit, the developer shall build or install a school bus shelter on a common area tract closest to wherever the Woodburn School District bus would stop within or next to the development. Follow the direction of the school district, or absent that default to min 48 sq ft, 6 ft narrowest dimension, and 8 ft min height clearance. Affix a min 1% by 1 ft sign face with text min 4-inch high indicating that the shelter is a school bus stop. The shelter may be on a public tract if the Assistant City Administrator allows and may be within a PUE if PW allows. One of the shelters otherwise conditioned can do double duty as the school bus top shelter if it continues to meet all the other conditioned requirements for that shelter. Applicant Identity Applicant Peter Ettro, Ettro Capital Management Applicant's Stacy Connery, AICP, VP/Planning Manager, Pacific Community Design Representative Landowner(s) Christy Schultz, Manager, Schultz Farm LLC 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. PLA Time Limit: WDO 4.02.04B. specifies that, "A final decision on any application shall expire 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. Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 51 of 56 79 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 <ht / , „ „ , ,,,,,;, ,,,,, , „;a„ „;,,,,,,,/,p,�„ ,;;,, „,;, '„; ,x 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. 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 building inspector's schedule or general contractor 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. Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 52 of 56 80 11. Public Works Review: Staff performs final review ofthe civil plans during the building permit stage. Public infrastructure must be constructed in accordance with plans approved by the City,3Swell 3Scurrent Public Works construction sl .� �...',J f i.c a t.i o n s Standard Draw.ing.. I.r] and general conditions ofapernoittype issued bythePub|ioVVorksDepartnoent. 12. R[>VV: a. Dedication: The Public Works Department Engineering Division has document templates for ROW and easement dedications that applicants are to use. R(]VV — and public utility easement (PUE) —dedioations are due prior to building permit issuance per Public Works policy. b. Work: All work within the public R[>VVs or easements within City jurisdiction must require plan approval and permit issuance from the Public Works Department. All public improvements construction work must be performed in accordance with the plans stamped "approved" by the City, and comply with the City's Standard Specifications and Standard drawings. 13. Franchises: The applicant provides forthe 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 beuse with this new development must beabandoned atthe main line. The City performs required abandonment ofexisting water facilities atthe water main with payment by the property owner. All taps to existing water mains must be done by "Hot Tap" method and by approved City ofWoodburn 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) 982-538O. 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 oornrnuna| 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 R[>VV 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 Trillium Reserve ANX2O2O'O], PUD2O2O'O2,etc.Staff Report Attachment 102 Page 5]of56 81 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: 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 applicant's name, company, phone number, e-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 "civil engineering plans" or "public improvements civil plans". Submit also Adobe PDFs 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. 19. PUD Final Plan (FP) Approval Process: A. Context and project management: 1. The process by which to receive, review, and approve drawings and other documents related to public improvements required by these conditions of approval Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 54 of 56 82 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 PW. 2. CEP remains the means for implementing final decision conditions of approval affecting street improvements, both surface and underground, and extending into PUEs. 3. The developer is project manager. Because PW establishes that CEP applicants have a single point of contact termed the "Engineer of Record", the developer manages the engineer of record who handles the CEP and also interacts with the Planning Division regarding FP review. For Planning Division staff, the developer is the point of contact, namely whoever on the developer's team the developer tasks with being the project manager. 4. The developer shall be completely responsible for integrating staff directions found in FP documents issued by Planning Division staff into civil engineering plans that the engineering of record submits to PW. 5. If, when, and where conflicting directions arise between FP directions and CEP directions, the developer shall be responsible for communicating with formal cover or transmittal letters messages from the conflicting division to the other division, and shall communicate such. 6. The Planning Division observes the CEP for other projects has come after land use final decision and before the building permit stage. Except where otherwise conditioned, it's up to the developer to determine when to submit for CEP and PUD Final Plan relative to each other to best meet this "context and project management" condition. B. PUD Final Plan review scope and result: 1. The scope of FP review includes any topic for which any given final decision condition of approval, and any separate document it might reference, is too general to establish civil engineering standards and construction levels of detail. It also includes any topic or situation for which no standard exists through previous adoption by PW or, where applicable, parks and recreation staff. It includes, as examples, pavement, game and sports courts and fields, buildings including pre- fabricated ones, playgrounds and other structures including pre-fabricated ones, exterior lights, landscaping, signage, and appurtenances such as benches, bicycle parking, dog waste stations, ornamental fountains, and water fountains, as well as materials, textures, colors, and model specifications. (Although in or partially in ROW, a bus shelter or shelters are to be subject to FP instead of CEP based on PW preference, unless PW were to direct the engineer of record to include such in CEP scope.) 2. There shall result an official version of a civil engineering plan set marked approved by PW that shows all common area improvements and all public improvements, including off-street public improvements, resulting from both FP review and CEP. It Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 55 of 56 83 shall come to be prior to building permit application; however, PW is prohibited from approving any time prior to the developer paying conditioned fees related to CEP Planning Division review. C. Submittal directions FP review: 1. Due date: For CEP, none other than what PW might specify. For FP, original / 1St submittal is due whichever occurs earlier: When the developer applies for either CEP or final plat application to the City. 2. Cover letter: Upon submitting CEP application to PW, 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, tax lot number(s), street address(es), and the land use final decision conditions of approval that require the public improvements that ares 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 part of a condition is met. 3. Contact information: State the applicant's name, company, phone number, e-mail, and desired date for City staff to respond with review comments. The cover letter to the Planning Division may include these. The developer may submit to the Planning Division a copy of the stamped CEP application form submitted to PW if the form includes the required information. D. Site Plans: For CEP Planning Division review and FP: 1. CEP: Submit to the attention of the Planning Division at least 2 plan size copies of plan sets, one plotted at native scale (min 22 by 34 inches, max 24 by 36) and one at ledger (11 by 17). Within the cover sheet title block(s), include the anticipated date of submittal and the phrase "civil engineering plans", "civil plans for CEP", or "public improvements civil plans". 2. FP: Submit to the attention of the Planning Division at least 6 plan size copies of plan sets, 3 plotted at native scale (min 22 by 34 inches, max 24 by 36) and 3 at ledger (11 by 17). Within the cover sheet title block(s), include the anticipated date of submittal. 3. Both: Fold the plan size sets if thin enough to do so. Submit also Adobe PDFs using a fileshare service. Trillium Reserve ANX 2020-03, PUD 2020-02,etc.Staff Report Attachment 102 Page 56 of 56 84 OODB Ir .1 /1C011pora14, d ' fix 81 9 Public Works Comments ANX 2020-03, PUD 2020-02, SUB 2020-03, ZC 2020-02 Schultz Farm _ Dove Landing PUD _ Land Use Application March 16, 2021 A. CONDITIONS OF LAND USE APPROVAL: 1. The Applicant, not the City, is responsible for obtaining any necessary permits from the State, Marion County, Oregon Division of State Lands, US Army Corps of Engineering and/or federal agencies that may require such permit or approval for the construction of this development. 2. Applicant to provide a final Engineer stamped storm drainage hydraulic analysis report for the detention and conveyance system. The storm drainage hydraulic analysis shall comply with Marion County, Oregon Division of State Lands, US Army Corps of Engineering and City's requirements, as applicable. 3. Prior to land use approval, Applicant to provide an Engineering Certification that the proposed storm conveyance from the Dove Landing development will not increase the historical storm flows to the downstream drainage system and will not increase the 100-year flood plain/floodway elevations or inundation boundaries on any downstream properties. B. CONDITIONS TO BE COMPLETED PRIOR TO CIVIL PLANS APPROVAL: 1. If applicable, applicant to provide a copy of approved permit(s) from the Oregon Division of State Lands and US Army Corps of Engineering and Marion County, as applicable, if a permit shall be obtained for discharging storm drainage into state lands. This permit(s) shall be obtained prior to City approval of the Dove Landing PUD Civil Plans. 2. Applicant to provide a Flood Study Analysis (Hydraulic Model) for the future 100 year floodplain and floodway boundaries and inundation boundaries on the adjacent properties east of N Boones Ferry Road. The analysis shall reflect full- buildout conditions for the Dove Landing PUD development. 3. Applicant is responsible for correcting/upgrading any storm drainage capacity deficiencies, including upgrading private storm drainage systems or installing a new drainage system as per City's requirements and per approved Storm Drainage Hydraulic Analysis Report. Engineering&Project Delivery 190 Grfic"Id sm."'c"a a,�Woodburn,O "gon 97071 11h,503()-982-5240*Fax 85 OODB Ir .1 /1C011pora14, d ' fix 81 9 4. Applicant is responsible for correcting/upgrading the storm drainage pipes under N Boones Ferry Road if structural or capacity deficiencies are encountered during the Civil Plans review. 5. The applicant is responsible for potential improvements to the existing gravity main, located between the proposed connection to the existing main and the Vanderbeck Pump Station, due to the proposed development. Applicant is also responsible for upgrades to the Vanderbeck Pump Station and force main due to the applicant's development. The City is collecting flow data on the existing gravity main by Vanderbeck Pump Station and information is expected to be provided to the applicant by late spring of 2021. 6. Applicant to provide a flexible pavement structured designed, for all new public streets, by a registered professional engineer using subgrade reaction appropriate for the site, traffic index, and a 20-year design life for pavement system. Structure thicknesses shall not be less than values form table on City of Woodburn Standard Detail No. 42001 ( Typical Pavement Structure). 7. Applicant is require to upgrade the existing cross-section of N Boones Ferry Road to the City's minimum cross-section standards for a minor arterial, as applicable. 8. 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. 9. A Department of Environmental Quality Erosion Control 1200C permit is required for this development prior to City issuance of approval civil plans. 10.All sewer mains are a gravity system and the termini of sewer lines locations and depths shall be such that it is suited for future extensions to adjoining areas. 11. On-site existing water wells and subsurface sewage disposal systems shall be abandoned by the applicant in accordance with all state regulations and requirements. Engineering&Project Delivery 190 Grfic"Id sm."'c"a a,�Woodburn,O "gon 97071 11h,503().9825240*Fax 5():39825242 86 OODB Ir .1" /1C011pora14, d ' fix8�9 12.Final review of the Civil Plans will be done during the Subdivision Application for Construction. Public infrastructure will be constructed in accordance with plans approved by Public Works and Marion County (where applicable). Engineering&Project Delivery 190 Grfic"Id sm."'c"a a,�Woodburn,O "gon 97071 11h,503()-982-5240*Fax 87 TL 400 & 800 DOVE TOWNSHIP 5SOUTH, RANGE 1 WEST,LANDING P U D C. 6 W.M. ETTROCARTAI MARION COUNTY, OREGON ��r.iEao"ILl soasn-vms REVISIONS 5 GROSS ACREAGE:31.86 AC BENCHMARK: PROJECT „�„„.. SITE ELEVATIONS ARE BASED OFF OF MARION COUNTY CONTROL POINT NO.9214,BEING A MARION COUNTY STAMPED(MR 6 OR 513)BRASS CAP IN MONUMENT BOX SET IN PAVEMENT. \ ELEVATION DATUM..NGVD 29,ELEVATION=181.174 UTILITIES&SERVICES: s WATER: CITY OFWOODBURN STORM: CITY OF WOODBURN " SEWER: CITY OFVVOODBURN o POWER: PORTLAND GENERAL ELECTRIC _ GAS: NORTHWEST—URALIII FIRE. WOODBURN FIRE DISTRICT I I I I 111 Hill iiiiiiii I I Hill Hill VICINITY MAP POLICE: WOODBURN POLICE DEPARTMENT SCHOOL. WOODBURN SCHOOL DISTRICTHillHill DOVE iiiiiiiiii fETD PHONE: FRONTIER SHEET INDEX: LANDING PUD WASTE DISPOSAL: REPUBLIC SERVICES CABLE: CENTURYLINK 1.1 Ell TIIG APPLICANT: C.NIESITE AERIAL inoNs eooNEs PERRv EELO ETTRO CAPITAL MANAGEMENT LLClIF Ni SITE PLAN 340 OSWEGO POINTE DRIVE 71.1T LAKE OSWEGO,OREGON,97034 [P]503-568-1907 'NEL NAR"AT LA CONTACT:PETER ETTRO I IT IL a�s� = ENGIN OWNER: GEOTECHNICAL EER: SECTIONS RooNES PERK 'ROTECT:" LAN SCHULTZ FARM,LLC GEO CONSULTANTS NORTHWEST,INC. TNEENROTECT— LAN 16710 NE BOONES FERRY ROAD 2839 SE MILWAUKIE AVENUE scALE 11.4 TNEENROTECT— LAN 10 N. 20WOODBURN,OREGON,97071 PORTLAN D,OREGON 97202 ' " e COVER - CONTACT:CHRISTY SCHULTZ [P]503 16-9425 - TNEE LAN CONTACT:BRAD HUPV TIEEINROTECTRIII TNEE 'ENT. PLANNER: LANDSCAPE ARCHITECT: ENTCRI PACIFIC COMMUNITY DESIGN,INC PACIFIC COMMUNITY DESIGN,INC 12564 SW MAIN ST. 12564 SW MAIN ST. g TIGARD,OR 97223 TIGARD,OR 97223 LInNc a oPEN—All[P]503-941-9484 [P]503-941-9484 LOCAT ON PLAN g CONTACT:STACV CONNERY,AICP CONTACT:KERRY LANKFORD,RLA,CLARB L2 siREET TREE oETAILs AND NOTES .i ERIC HAWKINSON �1D1Ay / L3 OPEN SPACE PLANT NG PLAN A NATURAL RESOURCE LE 'PEN SPACE PLANT N'PLAN J ��'�� CIVIL ENGINEER: CONSULTANT: Ls 'PEN SRATI PLA NT N'PLAN �fl Ag Ls PARK PLANT N'P N l PARKDETNT1 w PACIFIC COMMUNITY DESIGN,INC PACIFIC HABITAT SERVICES,INC. La POND PLANTING PLAN ' - 12564 SW MAIN ST. 9450 SW COMMERCE CIRCLE,SUITE 180 TIGARD,OR 97223 VVILSONVILLE,OR 97070 [P]503-941-9484 [P] 503-57-800 [E dr�'k 1— CONTACT:CRAIG LARSON,PE CONTACT:JOHN VAN STAVEREN 1111 „o SURVEYOR: TRAFFIC ENGINEER: ROLE�i «oo PACIFIC COMMUNITY DESIGN,INC LANCASTER MOBLEV LEGEND: re�lEwco rev. rreE 12564 SW MAIN ST. 321 SW 4TH AVENUE,SUITE 400 rreorere.vLrves TIGARD,OR 97223 PORTLAND,OR 97204 .L rvLs [P]503-941-9484 [P]503-248-0313 o�[t.i eou„ow�zr CONTACTTRAVIS JANSEN,PLS,PE CONTACT:JESSICA HIJAR ETTROCARTAl REVISIONS 5 lk I k M ^ ; s NN �� S wEnvo�E.o ar„wry ow Pnn .n uwnry n nEm..n nE DOVE LANDING PUD 'VOY"—Y wm o�w X10 ��mm nm�nn�,PPE EXISTING CONDITIONS LEGEND R R/W w�Hr or wnv BOONES FERRY E. INTI Ne NLINI s.xerexa — p _ .�e.nn,�� INI -11 lw Ln—°} EXISTING BOONES FERRY ROAD OR9 ,. �oaruE P�sExwriory vinry:EE:nEE.��.�-�>>. 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PST/�ET f Sao �PEa,000s. �PaoEOU� POND PLANTING Cl) AN POND PLANTING PLAN PLAN V Ifa1 Illl/1l moi r ALE ®ROCK MOUND 0 SNAGS ©BIRD AND BAT HOUSES ®DOWN WOODY DEBRIS ON SELECTED SNAGS , ` , PUBLIC WORKS DEPARTMENT 190 GARFIELD STREET WOODBURN, OR 97071 r t` a `` r r 68 4 October 13, 2020 Attn: Eric Hawkinson, Planner Pacific Community Design 12564 SW Main Street Tigard, OR 97223 Re: Annexation Certification Subject Property: N/A Marion County Tax Map: Tax Lot 051 W06C000400 & Tax Lot 051 W06C000800 This letter is to certify that the City of Woodburn has no capacity issue with the public wastewater treatment facility or public water treatment facility. However, the subject property is not adjacent to an existing collection system for water, wastewater or a public storm sewer collection system. The requirements for these collection facilities would still need to be determined. The capacity analysis, design and installation would be the responsibility of the applicant/property owner. If you have any questions,please contact me at 503.982.5248. Sincerely, Z C)' ?:�A' � Dago Garcia, P.E. City Engineer City of Woodburn 107 b O G"o o d111',111"ii S dl"ij o 6l M Via,tII,III U;t U w U 1390 Meridian Drive,Woodburn, OR 97071 of :m Phone: 503-981-9555 Fax: 971-983-3611 October 5, 2020 Erik Hawkinson Pacific Community Design 12564 SW Main Street Tigard, Oregon 97223 Re: Annexation for tax lots 051W06C000400 and 800 (154 single-family units) located adjacent to 16710 Boones Ferry Road NE Mr. Hawkinson: In response to your request, Woodburn School District has determined that your planned annexation located adjacent to 16710 Boones Ferry Road, will impact our schools in our district. However, we believe we will be able to accommodate the growth. Thank you, Casey Woolley n Director of Safety and Operations Woodburn School District Pago 1 1 108 Colin Cortes From: James Gibbs <gibb J@ywoodburnfre.com> Sant: Monday, October S' 2O2O1O:37AM To: Eric Hawkinson Subect: RE:Woodburn Annexation SPL:Tax Lots OS1VVO6[OOO4OOand 8OO Follow Up Flag: Follow up Flag Status: Flagged Eric, This tax lot for single family housing addition/expansion development is acceptable and will be supported by Woodburn Fire District. VVewould just need to ensure that all fire lane/access and water supply requirements are met along with any building official and fire code construction permit requirements are met. James Gibbs Fire Marshal Woodburn Fire District l776Newberg Hwy Woodburn, C)R97O7l (503) 982-2360 From: Eric Hawkinson [maiKo:ehc@pachic-community.com] Sent: Friday, October O2, 2O2O 1:38 PIVI To: ]amesGibbs Subject: RE: Woodburn Annexation SPL: Tax Lots OS1VVO6[OOO4OOand 800 ""Thimemail imfrom moI��TERNAI sender. Exercise caution when opening allachments or clich.links from unknown senders or mnexpectedeoomil. �� Thanks James, The City of Woodburn has specifically asked us to obtain a Service Provider Letter from the Woodburn Fire Department. So perhaps that's an email or written approval you can issue as well? Please let me know what else you would need to see inorder tomake that determination. Regards, Eric From:James Gibbs <gibbsj@vvoodburnfire.com> Sent: Friday, October 02, 2020 12:26 PM z 109 To: Eric Hawkinson ^ehc@padfic-community.mm> Subject RE:Woodburn Annexation SPL:Tax Lots 0S and 800 Woodburn Public Works is the department you would need to coordinate with to ensure you have all the information for your annexation application and SPL. From: Eric Hawkinson Sent: Thursday, October O1, 2O2O4:O4PI4 To: ]amesGibbs Subject: Woodburn Annexation SPL: Tax Lots OS1VVO6[OOO4OOand 800 ��himemail is from an I��ERNAI sender. Exercise caulion when opening allachmenls or clich.links from unknown senders or mnexpecledeoomil. **** Good afternoon Jim, I'm emailing regarding an City of Woodburn annexation application our client is pursuing for Tax Lots Tax Lots 0S1VV06C000400and 800 (see attached Tax Map), approximately 31.13acres. Aopart ofthat process, vveneed to coordinate with Woodburn Public Works to obtain an SPL.The property would become proposed for RS single-family zoning. Can you please let me know what additional materials you need in order to issue an SPL? Thank you, Eric Hawkinson Planner Phone: (5O]) 941-9484 12564 6YYMain Street Tigard' OR 97223 F4ew�econsiderbefore pdintlmgthdsenia| z 110 Maps and Perspectives for the City of Woodburn Thumbnails of the target scores inset and excerpts from some of the maps and perspectives are shown here for convenience only—the reader should refer to the full maps in Appendix IV for complete information and clarity. Perspective A: Neighborhood Access to All Components This perspective show how the City is providing service at a neighborhood level.This is defined by having services within one mile radius from i your home with a higher value placed on the rffy� A& r��mGk�d services that are available within walking"TIM, j pio, t �� f`� kG ',�' distance, or one-third mile. A majority of residents have neighborhood e VawiPvti4a Jry+RY�1iu Aft rea��,�"� U ��'� � access to some services. Woodburn has Il��l mid d� mnuu 'i,iw n�➢��00iNd�r P Jillconcentrations of service in the core of the ifP " vi�j �a��rud m+r „"''�r"Prar 1d( downtown of Woodburn. Large contributors to kal a1�, rya�u i ; aim a � this concentration of service include Settlemier Park,the Woodburn Memorial Aquatic Center, and the numerous small parks in this area. - ,...J Service decreases further from downtown which generally corresponds to a decreased population density and development pattern. Table 12 provides a numeric summary of the GRASP® Perspective showing percentages of area that either have no service, service that is below the target level or service that meets or exceeds targets that correspond to residential service models. In this analysis, residents that have access to the equivalent of a park with four components and a trail within a one-third mile from their home are receiving service at residential target levels. Within the corporate limit the City of Woodburn provides some service at a neighborhood level to 99.9% of its residents. Of those that have access to some service 81.9%of those have access to service that meets or exceeds target residential levels, and 18.1% have access to service, but not service that is meeting residential targets. Compared to the corporate limit service levels for the existing Urban Growth Boundary (UGB) and proposed UGB decline around the edges of the city where residential properties are just beginning to develop. Table 12: Perspective A- Neighborhood Access to All Components,Overall Statistics L C L cn 4— O N O 0 .:/ . O N U > H 0 U 4� 0 N L 4� v Q U -C "( n U OSA ° / i Boundary-Corporate Woodburn 3416 99.9% 153.1 18.1% Boundary- Existing UGB Woodburn 634 100.0% 119.6 27.8% i f Boundary- Planned UGB Woodburn 1016 98.8% 41.2 88.7% -% Entire Area 5066 99.7% 126.6 33.5% ! -76- City of Woodburn Parks and Recreation Master Plan Update 111 Perspective B:Walkable Access to all Components 6 u � This Perspective shows the level of service provided �y � k to the community at a walkable level. All components �I o., a M, are shown and each has only a one-third mile buffer which equates to about a 10 minute walk.These N,a to Vnl,hNi4Pl MW ,! buffers have been truncated at the primary barriers. � 4,„ c , , .a Scores within the buffers are equal to the base score for the components, calculated as described in Appendix V, and doubled to reflect the walkable access, as was done on Perspective A. In a sense, this . ? is Perspective A with the one-mile buffers removed. .f,.t In this Perspective, more gaps in service appear, including the downtown area that was well covered in first perspective. Like Perspective A, concentrations in service are located around Settlemier, Senior Estates, and Burlingham Parks. In addition the affect of the barriers is highlighted in this perspective.The presence of safe and comfortable routes to parks can increase recreation opportunities dramatically. Walkability is especially important to consider as the City looks to providing service to the youth and elderly as these are the parts of the community that often do not have access to cars. Although gaps in walkable service do appear, Table 13 shows that 72%of the corporate boundary has access to parks and recreation facilities within a one-third mile of their homes. However only 15%of that area has service that meets or exceeds the target minimum score.This indicates that, while the City's number and distribution of parks come close to meeting needs, improvements need to be made to the parks to provide the target LOS. Like Perspective A target scores for residential areas reflect the equivalent of a park with four components and a trail within a one-third mile from each home. Improvements can be made to these areas with low LOS by removing barriers to pedestrian access, improving existing facilities, and adding components within parks. In addition to improving LOS by improving and adding parks, Woodburn can increase the overall walkable LOS by adding multi-use trails. Although currently there are no multi-use trails within the community, the City of Woodburn does have one trail project that is in the planning and construction phase along the Mill Creek drainage. Aside from being a popular facility, trails also increase LOS, bridge pedestrian barriers, and thus increasing the overall walkability of the community. -77 - City of Woodburn Parks and Recreation Master Plan Update 112 7�, , i � � h 1 tea �P j� N I� � � IL✓ a ��✓��zr� � l� �! �;� y ��r l ,✓� I �o r �A£I >as / / �.. �( ( ✓ �' ' fii li t All N )t� i� l� N� � ffff�i` r �� `it ➢ ? `/ " SII City of Woodburn l - V II o s III � s w s ,, ity of Woodburn Street xxt IIndex With Park IBuff& Woodburn TSP Updete September 2019 N R A w �.q DgyUR. v I �. x I -- I I p radion 3yvrmm 111-Upciann ® �r I � rvv�n x --___---_ a 0 G ; f ff s � fi u m � It ...... vc c—vnV r XA f e 1 Ms F NON ) { m, r I. d f nl Existing Roadway c c N N ' —Freeway 1 as ax ro Major Arterial s° -- Minor Arterial 119 j Service Collector Access Street ' ti Future Roadway Future Major Arte rial „e — 4 Future Minor Arterial 0 Future Service Collector 1'��. """ 1 . Future Access Street e 0 1,000 2,000 3,000 Feet ----- Future Local Industrial City Boundary 1®J Urban Growth Boundary Functional Roadway Classification Figure Woodburn,Oregon 2 Note:Future roadway alignments are approximate and subjectto further refinement. 114 Woodburn TSP Updete September 2019 WOODBURN rmmm T,—p—.0—Sy.--Plan Upd-n � KIIII w 41 m,.000v.v r w° .r nra A rrf a , u° 0 S oF. I A irysr o "�j a. c ,J y i t If, o STP Future Local Street Connection n m` 0 1,000 2,000 3,000 Feet ti Future Roadway � h F� City Boundary t®J Urban Growth Boundary Local Street Connectivity Plan Figure Woodburn,Oregon 6 Note:Future roadway alignments are approximate and subject to further refinement. 115 ANX 2020-03 Dove Landing PUD: Attachment 201: Dictionary & Glossary This document defines and explains abbreviations, acronyms, phrases, and words particularly in the context of conditions of approval. • "ADA" refers to the federal Americans with Disabilities Act of 1990. • "Alley" means the same as in WDO 1.02. See also "Shared rear lane" below. • 'BFR" refers to N. Boones Ferry Road. • "CAE" refers to cross access easement. • "CC&Rs" refers to covenants, conditions, and restrictions in the context of private contract among an association of owners and/or tenants within a PUD or a conventional subdivision with common area improvements. • "Central block" refers to the block bound by "O", "C', "P", & "E" Streets. • "CEP" refers to civil engineering plan review, which is a review process independent of land use review led by the Community Development Department Planning Division and that is led by the Public Works Department Engineering Division through any application forms, fees, and review criteria as the Division might establish. A staff expectation is that CEP follows land use review and approval,that is, a final decision, and precedes building permit application. • "County" refers to Marion County. • "Director" refers to the Community Development Director. • "exc." means excluding. • "ft" refers to feet. • "Hazelnut" refers to Hazelnut Drive. • "max" means maximum. • "min" means minimum. • "Modal share" means the percentage of travelers using a particular type of transportation or number of trips using a type, as examples walking, cycling, riding transit, and driving. • "Modal shift" means a change in modal share. • "MUTCD" refers to Manual on Uniform Traffic Control Devices of the U.S. Department of Transportation (U.S. DOT) Federal Highway Administration (FHWA). • "NE means northeast. • "NW" means northwest. • "OAR" refers to Oregon Administrative Rules. • "o.c." refers to on-center spacing, such as of trees or shrubs. • "ODOT" refers to the Oregon Department of Transportation. • "ORS" refers to Oregon Revised Statutes. ANX 2020-03, PUD 2020-02,etc. Staff Report/Final Decision Attachment 201 Page 1 of 3 116 • "PBPE" refers to a public bicycle/pedestrian easement that grants pedestrian and cyclist access along sidewalk that overlaps private property or along an off-street bicycle/pedestrian path on private property. It substitutes for a PUBPE. "PLA" refers to property line adjustment. • "PU" refers to plant unit as WDO Table 3.0613 describes. • "PUBPE" refers to a PUE adapted to grant pedestrian and cyclist access along sidewalk that overlaps private property ("roadside" or "streetside" PUBPE) or along an off-street bicycle/pedestrian path on private property ("off-street" PUBPE). A PBPE may substitute. • "PUD" refers to planned unit development. • "PUE" refers to public utility easement,whether along and abutting public ROW("roadside" or"streetside" PUE)or extending into or across the interior of private property("off-street" PUE). In the context of property line adjustment, partition, or subdivision, the developer records through the plat with drawings and notes on the face of the plat. Absent this context, recordation is separate from land use review pursuant to a document template or templates established by PW. PW is the project managerfor receiving, reviewing,accepting, obtaining City Council approval for, and recording public easement materials that a developer submits. • "PW" refers to Public Works (the department) or on rare occasion public works (civil infrastructure) depending on context. • "RCWOD", pronounced by City staff as "R quad", refers to the Riparian Corridor and Wetlands Overlay District that WDO 2.05.05 describes. • "Root barrier" refers to that illustrated by PW SS&Ds II::). E.aw..iigfg11`o.................,`.St.iiFleet i!-2.eIf.)12igtiR.. New Coii°isti:ii.uctJoiii. ....... • "ROW" refers to right-of-way. • "RPZ" refers to root protection zone in the context of tree preservation. • "SDCs" refers to system development charges, also known as impact fees. • "SE" means southeast. • "SDA" refers to site development area, the entire territory that is the subject of the land use application package. • "Shared rear lane" refers to what resembles and functions like an alley, but isn't public ROW. • "sq ft" refers to square feet. • "SS&Ds" refers to PW sty-anda.r sly.."..�:u:�:�.�:.a.:�.u_��_�:�:s:....a..�:�.�:j..._�:j.�:a..�✓:u..�:�.gs. ..... ................................ • "Street trees" refer to trees that conform to the WDO, including 3.06.03A and Tables 3.0613 & C, and that have root barriers where applicable per PW II ,!!.aw..%ii..fl11`o....................,` ,t11- , ,t........... , „ I::)IIaiiatiing,,,,,11 , , ,,,, a !! 2�;;,P,Fl,!�ua�;�;ioii�� • "Substantial construction" means that all grading necessary to accommodate full construction of both public improvements and common area improvements is complete, the developer constructed and dedicated all required public improvements, and the developer improved and dedicated all required common area tracts. ANX 2020-03, PUD 2020-02,etc. Staff Report/Final Decision Attachment 201 Page 2 of 3 117 • "SW" means southwest. • "TCE" refers to temporary construction easement. • "Tot." means total. • "TPU" means the l..r�a_nsit Pl a _l D„ a Approved Final Report dated November 8, 2010. • "TDM" refers to transportation demand management, which means according to the TSP (p. 82), "a policy tool as well as a general term used to describe any action that removes single occupant vehicle trips from the roadway during peak travel demand periods", and according to Wikipedia as of October 13, 2020, "the application of strategies and policies to reduce travel demand, or to redistribute this demand in space or in time." • "TSP" means the C,��,��,�,�a,��„r:,�;�,,,,,,,i,,,,ra.n„s„p,��„��,�,;�,u,��,�;i,,,,, „ ,ste.� ,,,,,,��,l„a„��,,,,,,(,,,l,,, „��„)„ • "UGB” means urban growth boundary. • "Walkway” refers to what would otherwise be called sidewalk except the paved walking surface is on private property outside of any of ROW or an easement granting public access. ..�:.�..�:....�..�.".. • "WFD" refers to the Woodburn Fire District. • "WTS” refers to the Woodburn Transit System. • "w/i” means within. • "w/o” means without. • "VCA” refers to vision clearance area as WDO 1.02 and 3.03.06 establish or as a specific condition establishes. ANX 2020-03, PUD 2020-02,etc. Staff Report/Final Decision Attachment 201 Page 3 of 3 118 ANX 2020-03 Dove Landing PUD: Attachment 202: Lot &Tract Development Standards Introduction This attachment establishes PUD lot and tract development standards and could serve as a standalone document for both homebuilders and Planning Division review of building permits assuming the developer will have constructed all public and common area improvements and/or paid fees in-lieu, obtained final plat approval by the City, have had the Director sign the Mylar, and recorded the plat. "WDO" refers to the Woodburn Development Ordinance, last amended via Ordinance No. 2579 adopted April 13, 2020. Refer to Attachment 201 for a dictionary/glossary, including other acronyms and abbreviations. For improvements that the City requires of common area and City/public tracts, see Attachment 203. Part A. Lot Development Standards Tables PUD 2020-02 Dove Landing PUD Development Standards for Lots Abutting Alley or Shared Rear Lane Table 202A-1 Interior, flag or cul-de-sac lot 2,700 Lot Area, Min (sq ft) Single-family dwelling 3,500 Corner lot Child care facility or group Per WDO home 2 Middle housing: duplex, Same as required for single- triplex, quadplex, townhouse, family dwelling or cottage cluster Any other use Per WDO Lot Width, Min Interior, flag or cul-de-sac lot 27 (ft) Corner lot 35 Lot Depth, Average (ft) 90 Interior or cul-de-sac lot 25 Single-family dwelling 25 ANX 2020-03, PUD 2020-02,etc. Staff Report/Final Decision Attachment 202 Page 1 of 8 119 Street Frontage Middle housing: duplex, Same as required for single- Min (ft) Corner lot triplex, quadplex, townhouse, family dwelling or cottage cluster Any other use Per WDO Front Setback and Setback Abutting a Street, Min (ft) —exc. 711 streetside porch or roofed patio Side Setback, Primary structure 5 11, except that each lot Min (ft)— exc. Accessory structure may have zero lot line garage development along one side lot line Rear Setback See"Setback Abutting an Alley or Shared Rear Lane ..." below. Setback Abutting an Alley or Shared Rear Lane for Both Primary Either 1 ii or where there is & Accessory Structures, Min (ft)— exc. garage and carport a required PUE on the lot alongside shared rear lane then equal to PUE Garage and Carport Either 1 or a full 15 ft. Also, in lieu of a two-car wide garage, two one-car Setback, Min (ft) wide garages — or a one-car wide garage and a carport—may be paired with one garage or carport at 1 ft and the other arae at 15 ft. Setback to a Streetside Porch, Roofed Patio, Balcony, or Open-Air 5 Veranda, Min ft Setback to a Private Access Easement, Min (ft) 1 Lot Coverage, Max 65 N Streetside Porch or Per Table 202A-3. Roofed Patio, Min Per WDO Building Height, Max (ft) 11. Encroachments and projections into setback minimums remain permissible per WDO 3.03.03A, D &F; 3.03.04A; and 3.03.05A. ANX 2020-03, PUD 2020-02,etc. Staff Report/Final Decision Attachment 202 Page 2 of 8 120 PUD 2020-02 Dove Landing PUD Development Standards for Lots with Conventional Access Table 202A-2 Lot Area, Min (sq Interior, flag or cul-de-sac lot 3,5001 ft) Single-family dwelling 4,3001 Corner lot Child care facility or group Per WDO home 2 Middle housing: duplex, Same as required for single- triplex, quadplex, townhouse, family dwelling or cottage cluster Any other use Per WDO Lot Width, Min Interior, flag or cul-de-sac lot 35 (ft) Corner lot 43 Lot Depth, Average (ft) 96 Interior or cul-de-sac lot 25 Street Frontage Corner lot Single-family dwelling 25 Min (ft) Middle housing: duplex, Same as required for single- triplex, quadplex, townhouse, family dwelling or cottage cluster Any other use Per WDO Flag lot Per each pole if poles of adjacent flag lots are paired: 71/2, Per independent pole: 11 Front Setback and Setback Abutting a Street, Min (ft) —exc. 11 garage and carport and streetside porch or roofed patio Side Setback, Primary structure 5 ", except that each lot Min (ft)— exc. Accessory structure may have zero lot line garage development along one side lot line Rear Setback, Primary structure 15 7,11 Average (ft) Accessory structure Per WDO Garage and Carport Garage 19 Setback, Min (ft) Carport 2 ANX 2020-03, PUD 2020-02,etc. Staff Report/Final Decision Attachment 202 Page 3 of 8 121 Setback to a Streetside Porch or Roofed Patio, Min (ft) 5 Setback to a Private Access Easement, Min (ft) 1 Lot Coverage, Max 65 N Per WDO Building Height, Max (ft) 1.Per WDO Table 2.02B Footnote 1 5. A front setback applies to only to the pole. A flag is considered to have three sides and a rear. 7. Per WDO Table 2.02B Footnote 7 11. Encroachments and projections into setback minimums remain permissible per WDO 3.03.03A, D &F; 3.03.04A & C, and 3.03.05A-D. ANX 2020-03, PUD 2020-02,etc. Staff Report/Final Decision Attachment 202 Page 4 of 8 122 PUD 2020-02 Dove Landing PUD Related Development Standards Table 202A-3 Residential Density, Min (units per net acre) 6.8 Each dwelling shall have a paved walkway Min 4 ft wide. Min width Walkways connecting front door landing and sidewalk may narrow to 3 1/2where distinct from driveway and parking pad. walkway is flush w/ Paved w/bricks, concrete pavers,patterned driveway. poured concrete, or combination. Access management A lot that abuts both any of an alley, shared rear Driveway widths lane, or flag lot pole, and one or more streets is (For parking prohibited from a driveway approach/ apron/ curb space/stall I cut along the street or streets. dimensions, see Min (ft) 8 Parking spaces/stalls Max (ft) Alley/shared rear lane Equal to lot width below. Street 16 Ratio Per WDO Table 3.05A Parking Parking pads (WDO Number, Min Alley/shared rear lane: spaces/stalls 3.05.03F.1b) none Street: 1 Dimensions, Min (ft) Alley/shared rear lane: 8 by 15 Street: 8 by 18 Stalls within a garage Number, Min 2, either both garaged or as and/or carport both a carport and garage on the same lot. Dimensions, Min (ft) 8 by 18, exc. fixed encroachments such as door swings and water heaters The 5-ft parking setback of WDO 3.05.02E does not apply. Applies to lots abutting an alley, shared rear lane, or flag lot pole; corner Streetside lots; and specific lots per Footnote 3. porches and Number, Min 1 per lot roofed patios Dimensions, Min Floor area*: 106 sq ft Narrowest*: 81/2 ft Street exposure: 81/2 ft length/width Height clearance: 8 ft *Measured to edges of porch flooring or patio slab. Flooring Brick, concrete pavers,poured concrete slab, linoleum, or fiber cement or wood plank. Columns/posts Per Footnote 1. Delineation Per Footnote 2. ANX 2020-03, PUD 2020-02,etc. Staff Report/Final Decision Attachment 202 Page 5 of 8 123 1. Ornamental columns. If the streetside porch or roofed patio provides one or more columns as corner supports, the columns must be ornamental by meeting one of the following standards. Wrought iron style porch supports do not meet this standard: a. Large columns that are divided visually into clear areas of capital, shaft, and base. Large rectilinear columns are min 8 by 8 inches, and large rounded columns have a diameter min 8 inches; or b. Groupings of 2, 3, or 4 small columns divided visually into clear areas of capital, shaft, and base. Small rectilinear columns are min 4 by 4 inches, and small rounded columns have a diameter min 4 inches. 2. Delineation includes any of balustrade,fall protection,wood fencing, and metal or wood railings and is required. 3�/z ft high max. 4 ft wide max passage allowed. Fencing or railing with top member flat and min 3 inches wide. A second horizontal member below the top member(to allow affixing,hanging, or threading items below the top member). Part B.Architecture: This section shall apply to lots and supersede any conflict w/WDO 3.07.03. 1. Both Lots Abutting Alley or Shared Rear Lane & Lots with Conventional Access: a. Roof pitch of site-built dwellings min 6:12; eaves not required to project from zero lot line. b. Masonry cladding, if any, in a horizontal band or bands, not as multi-story vertical bands. c. On a corner lot along the second frontage, windows min 10% of facade wall surface. d. Windows square or vertically proportioned; may be grouped into horizontal bands. Horizontal proportion allowed if having grilles or muntins dividing lights or panes to be vertical proportion. 2. Lots Abutting Alley or Shared Rear Lane a. House having an entrance on a street-facing facade and that is within or next to the required streetside porch or roofed patio. b. Applies to any houses that are two or more stories or one story w/attic story: House front having a bay or box window min 2 ft deep, 5 ft wide, and with ceiling height min 7 ft. Dimensions assume box; bay may have angled sides and a sloped roof if exceeding min dimensions. House fronts facing south or west may substitute the window for balcony or open-air veranda. Balcony min 6% ft deep and 81 sq ft and either w/ recess min 2 ft or house roof overhang or balcony roof min 2 ft deep and 10 ft wide. Veranda min 81 sq ft, extending to min two of outer edges of porch or patio, and roofed. Fall protection having top member flat and min 3 inches wide. c. Applies to all corner lot houses: The second lot frontage facade shall have a bay or box window per the dimensions of b. above. ANX 2020-03, PUD 2020-02,etc. Staff Report/Final Decision Attachment 202 Page 6 of 8 124 3. Lots with Conventional Access: The facade containing the vehicular entrance for an attached garage shall be one of the following: a. Face away from street min 90°; or b. Max 20 ft wide along ground floor total facade width facing a street, and max a percentage of the total facade of the structure facing the street, including second stories, dormers, eyebrows, and gable ends. Percentage is 66.7%for a one-story structure and 50%for a structure of two or more stories. Part C.Tract Development Standards 1. Driveway approaches/aprons/curb cuts: min. 8 ft wide, and max. 10 ft wide. 2. Fencing: Stormwater facilities: max. 3% ft high, if any fencing proposed for such facilities. 3. Tract G is limited to one driveway apron serving the stormwater facility and, if proposed, shall be on a frontage other than BFR. A Tract H driveway that serves access across that tract to the Tract G storm water facility may substitute for a Tract G driveway. 4. City/public tracts: The City may apply development standards relating to the P/SP zoning district instead of the RS zoning district assuming a given WDO standard doesn't conflict with a PUD standard. Part D. Lighting: a. Applicability: (1) Permanent exterior lighting outside of ROW. (2) Lots: For fixtures located facing any of ROW, streets, alleys, shared rear lanes, flag lot pole shared driveways, and common area tracts, whether on buildings or structures or in yards. (3) Tracts: For fixtures located facing any of ROW, streets, alleys, shared rear lanes, flag lot pole shared driveways, and common area tracts, whether on buildings or structures or in yards, and including floodlights and lighting of permanent signage. Sports field lighting must be full cut-off from emitting light both above a horizontal plane parallel with the ground and beyond vertical planes flush with the field boundaries. The City may require separate review and approval of sports field lighting. b. Standards: If proposed, exterior light fixtures shall be full cut-off or fully shielded and shall not be visible beyond a line 3% ft above the applicable lot line or tract boundary. They shall be limited in height—as measured to the underside of a fixture—as follows: ANX 2020-03, PUD 2020-02,etc. Staff Report/Final Decision Attachment 202 Page 7 of 8 125 (1) Wall: Exterior wall-mounted fixtures shall be 8 ft max above 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.) (2) Parking pole: On tracts, exterior pole-mounted fixtures within 4 ft of or in parking, loading, and vehicular circulation areas shall be 14%2 ft high max above vehicular finished grade. (3) Other pole: On lots and tracts, other exterior pole-mounted fixtures, if any, shall be 8 ft high max above grade. c. Conformance: Demonstrate through building permit review. The Planning Division may require inspection to be scheduled evening or night. Part E. VCA WDO 3.03.06 is hereby modified such that: 1. The alley part of Fig 3.03A shall apply to also any shared rear lane, except that VCA triangles shall measure min 5 by 5 ft for any of alleys and shared rear lanes. 2. Regarding the street corner part of Fig. 3.03A, VCA triangles shall measure min 15 by 15 ft, except that for the four corner lots within the central block (Lots 40, 85, 86, & 131), Fig. 3.0313 shall apply instead. Part F. Signage WDO 3.10 is hereby modified such that for City/public tracts, the City may apply sign regulations relating to the P/SP zoning district instead of the RS zoning district. ANX 2020-03, PUD 2020-02,etc. Staff Report/Final Decision Attachment 202 Page 8 of 8 126 ANX 2020-03 Dove Landing PUD: Attachment 203: Common Area Improvements & Public Easements Introduction This attachment establishes PUD common area tract improvements and types and placements of public easements. Refer to Attachment 201 for a dictionary/glossary, including other acronyms and abbreviations. For lot and tract development standards, see Attachment 202. Part A. Common area improvements: Amenities/appurtenances/street furniture/support facilities Common area and off-street public improvements are per the table below: Table 203A. Common Area Improvements Improvement Min Placements Details Type Number Benches 9 Tract K: 4, all along paths and Place along paths and sidewalks, one each at east, middle east, set back 2 ft min, and on at least 6 middle west, and west. by 4 ft of asphalt, brick, concrete Other: 1 each Tracts F, H, I, L, pavers, or poured concrete. If &O brick or pavers, pour concrete for bench post footings. 6 ft width min; 75% min of them having backs. For public parkland,the City spec U�urrngi Benc1,i. .8 ,i. model with back is.D. .88.-60PL in "cedar" color and with ............... support posts in black;for Tract C and Trillium Way ROW, this model is the standard. Picnic 3 Tract I: 1. Place in shelters. Min 1 shall be benches Tract K: 2. ADA-accessible from a sidewalk or path. For public parkland, the City spec is Tree Top Products........................................" pj yip !�.e Picnic Fable in black(SKU 1WG5685-KB), and the ANX 2020-03, PUD 2020-02,etc. Staff Report/Final Decision Attachment 203 Page 1 of 8 127 Table 203A. Common Area Improvements Improvement Min Placements Details Type Number standard AIUA rrne del is SKU ...................................................................... #1WG5686-BK. Bicycle 16 stalls Tract H: 4 Each facility with at least 6 by 2 ft parking per stall paved with asphalt, bricks, concrete pavers, or poured Tract I: 2 concrete pad. If bricks or pavers, Tract K: 10 pour concrete for the rack footings. Place all along paths and sidewalks. If along sidewalk, set back the stalls 2 ft and pave a 4-ft wide walkway between sidewalk and edge of stalls. Cover/sheltering: At least 2 (1 U- rack) shall be covered from precipitation. Min height clearance 7 ft. The roof shall extend min 2 ft past stall edges. For public parkland, the City spec is Oregon Corrections Enterprises [OCE] "single bike rack" powder coated black, either model#718- 013-006 or#718-012-006 depending on mounting. See OCE parks and recreation catalog„I. ,, ' . For Tract C and Trillium Way ROW, this model is the standard. Dog waste 2 Tract I: 1 For public parkland, the City spec stations Tract K: 1 model is Mutt-Mitt Mini Dog Waste Station.� . 22? in in green; for Tract C,this model is the standard. Paths Within this Attachment 203, see Part C. Playground 1 Either option: Option A: Tract K As the Assistant City Administrator directs. Option B: Tract H As proposed and with public access easement across the tract. Plaza 1 Tract I: 1, flush with sidewalk Paved min 300 sq ft, 12 ft at SE corner of"C" & "P" narrowest dimension. Streets. Restrooms 1 pair Tract K For public parkland, the City recommended model is Public ANX 2020-03, PUD 2020-02,etc. Staff Report/Final Decision Attachment 203 Page 2 of 8 128 Table 203A. Common Area Improvements Improvement Min Placements Details Type Number Restroom co. model If1".S-.022 CIF-.S C .................................................................................. with "CMU combo finish" and "standing seam metal" roof. Colors: • Roof: green; • Walls: green on bottom split- face CMU, either cream or grayish white elsewhere; • Doors: green. Drinking fountains: On the front of the building, wall mount a pair of fountains, one fountain being ADA-compliant. The recommended model is Haws JL�.11 Barrier-Free Dual Wall ............................... Mount Fountain. Trash 3 Tract I: 1 For public parkland, the City spec receptacles Tract K: 2 model for the trash receptacle is D uirnr2„i, 41 40PL-RC 40-gallon in "cedar" color and with support post in black; for Tract C,this model is the standard. Seat walls No min; n/a For any tract with 2 or more (optional) max per benches, the developer may notes. substitute a bench with a seat wall 6 ft wide minimum by 1%ft deep and high,the height including a cap or lip of smoother concrete. Shelters 1 or 2 Tract K: Choice of either 1 Gazebos, pavilions, or shelters large or a combo of 1 medium each with min 10 ft height and 1 small. clearance. Large equals min 900 sq ft, medium equals 600, and small equals 300. Narrowest dimension is 30 ft for large, 24 for medium, and 14 for small. Any post base with protruding bolts/screws must be guarded or housed for trip and cut safety. If a shelter floor level is at grade, place an ADA-compliant picnic bench. Provide a walkway min 4 ft ANX 2020-03, PUD 2020-02,etc. Staff Report/Final Decision Attachment 203 Page 3 of 8 129 Table 203A. Common Area Improvements Improvement Min Placements Details Type Number wide between each shelter and any of a sidewalk or path. Include weatherized flip cap electric outlets, min 4 for large shelter or min 2 for the medium shelter. There is no City spec. The applicant may duplicate or mimic either the shelter model proposed on land use review Sheet L7, Detail 5 or the model in the Smith Creek Development Phase 1A plaza at Ben Brown Lane & Kirksey Street (Western Wood Structures, Inc., building permit 971-20-000134- STR),which is 600 sq ft at 24 narrowest dimension. Signage 1 A park identification monument sign as the Assistant City Administrator directs or fee in-lieu per Attachment 206. Administrative minor adjustment by the Director to common area improvement location or placement is permissible. ANX 2020-03, PUD 2020-02,etc. Staff Report/Final Decision Attachment 203 Page 4 of 8 130 Part B. Common area improvements: landscaping: 1. Bark dust: Excepting Class F paths, 5.0% max of landscaped area may be bark dust or wood chip. 2. Tree species: WDO Table 3.06C is hereby modified by PUD to allow anywhere within the development (outside of ROW) any tree species that isn't invasive and within ROW any tree species that isn't invasive and is a cultivar barren of fruit, nuts, and seed pods. 3. Evergreen: 15 min of trees new to the site and outside of ROW. The 15 shall be min 1 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 4. Tracts: Screening: Evergreen hedge or shrubbery shall be screen at-grade electrical and mechanical equipment along their sides, excepting the side intended for technician access. 5. Complementary trees: On Tracts F, G, H, I, & K, every yard abutting a street shall have a loose row of trees that complements the row of street trees. Along each frontage, a min number equal to and 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 16 ft max from ROW. For Tract I, if and where a plaza is required the developer may site trees farther away along the plaza edge. 6. Other plants: On any tract, also plant 80 PUs of any min 3 non-invasive species of shrubbery most likely to attract honeybees, having identified such species on a landscape plan. 7. Path furniture zone trees: Table 2038. Path Furniture Zone Trees Tract Trees Min. No. Details K Equal to 1 per 15 ft Approximate o.c. placements of 1 per 30 ft of path along path. All Equal to 1 per 30 ft Mostly west side placements. other of path tracts ANX 2020-03, PUD 2020-02,etc. Staff Report/Final Decision Attachment 203 Page 5 of 8 131 Part C. Bicycle/Pedestrian Paths 1. Classes: Table 203C-1. Path Classes Class Width (ft) Pavement Furniture Zones (ft) B 10 Asphalt or 6 inc 2-ft shoulder C 8 concrete 6 inc 2-ft shoulder; in constrained mid-block tracts, 5 ft one side inc 1-ft shoulder F 5 None; bark dust None or wood chip 2. Placements: Table 203C-2. Path Placements Tract Min. Class Placement Reference B 1 C W/west furniture zone. "Path B" D 1 "Path D" F 1 Min 8 ft from west tract boundary. "Path F" I 1 F Per Assistant City Administrator. "Path I" K 1 w/ B; Generally straight between east sidewalk and "Path K" or 4 spurs west tract boundary. Site as far north as 8 ft "main path" spurs C south of the south lot lines and as far south as to have its south furniture zone flush with the north boundary of the northernmost existing drainage easement. Site north middle east segment 8 ft from Lot 142 west line. A spur from north middle east segment to south tract boundary adjacent to NE corner of Tax Lot 051W06CD01700. L 1 B Min 6 ft from east tract boundary. "Path L" O 1 "Path O" M 1 C W/a west furniture zone. "Path M" N 1 "Path N" 3. Basic standards: a. Pavement: (1) Asphalt: min 4 inches of hot mix asphalt (Level 3) atop min 8 inches of 1-inch minus crushed aggregate base course. ADA-compliant. (2) Concrete: Same as PW construction standards for sidewalk. b. Shoulders: Gravel, if any, within shoulders shall be placed so that the finished grade of the gravel shall be shallow sloped such that, at the path, the gravel is min. 1 inch below the path finished grade and, at 2 ft from path edge, it's min 2 inches below path finished grade. ANX 2020-03, PUD 2020-02,etc. Staff Report/Final Decision Attachment 203 Page 6 of 8 132 Part D. Public Easements In addition to standard streetside PUEs per WDO 3.02.01B, based on WDO 3.02.01C the developer shall dedicate public easements as follows: 1. Granting bicycle/pedestrian access: a. Wherever sidewalk overlaps any streetside PUE and Tracts I & K; b. Tracts B, D, F, L, M, N, O; c. Tract H, required at all only for Table 203A, Playground Option B; and d. Tract "P" (central block alley/shared rear lane). 2. Off-street PUEs: a. Tract F, arrange so that PUE min width 16 ft abuts Tax Lot 051W06C000900 west lot line; b. Tract L, arrange so that PUE min width 16 ft allows tract path to have trees both sides. c. Tract O, arrange same as for L. d. Tract "P" (central block alley/shared rear lane). Applies if PW declines to accept as ROW: (1) Both tract and PUE min width 16 ft; if tract wider, easements(s) flush one side min; (2) Travel way pavement min width 14 ft. Asphalt, bricks, concrete pavers, poured concrete, or combination. Depths per WDO 3.04.04; (3) 1 ft shoulders each side. May be grass, grass w/ "grasscrete", brick, concrete pavers, or poured concrete as long as any pavement doesn't duplicate that of the travel way. Gravel prohibited; and (4) The two end driveway curb cuts limited to max width 14 ft. 3. Bus: On Tract F as follows: Along BFR, allowing for a bus shelter pad extending beyond ROW and a shelter. Per Assistant City Administrator direction or default easement min 20 ft wide along BFR. 4. CAE: On Tract F as follows: Min width 21 ft w/TCE extending 5 ft sides that expires upon driveway/drive aisle construction. Place between Tax Lot 900 and "O" Street w/ west side aligned with a point 5 ft east of Tax Lot 900 west lot line. New trees prohibited. ANX 2020-03, PUD 2020-02,etc. Staff Report/Final Decision Attachment 203 Page 7 of 8 133 Part E. Association/ HOA To meet WDO 3.09.09, there shall be an association of owners and/or tenants as follows: 1. Prior to conveying land ownership of any tract, the developer shall establish an association, such as homeowners association (HOA), pursuant to ORS 94 and other applicable statutes. 2. The association shall assume maintenance of improvements on common area tracts, inc. stormwater facilities; repair, replace, and restore improvements; identify and make clear to owners association duties; and levy assessments to owners in a fair, transparent, and written way. (If the association ceases to exist resulting in a tract or tracts no longer having an existing owner for a year or more based on the Oregon Secretary of State Corporation Division business registry, and where this provision does not conflict with ORS or OAR, the City shall have right of first refusal to acquire the property in coordination with the Marion County Assessor's Office.) 3. Documents:The developer shall provide copies of articles of incorporation, bylaws, and CC&Rs for the association to the Assistant City Attorney and Director for review upon final plat application to the City or earlier if ORS 94.565(2) requires. Bylaws and/or CC&Rs shall describe the responsibilities of the association to maintain common area improvements, and bylaws and CC&Rs shall reiterate that because of ORS 94.626, any dissolution would not also dissolve obligations. To this end, the corporation shall comply with applicable statutes and the administrative rules of the Oregon Secretary of State Corporation Division. Documents shall also conform to Oregon House Bill (HB) 2001 (2019), Section 13 (p. 10), regarding "middle housing". The above would continue to apply were the developer to either (1) establish multiple associations or (2) make use of an existing association related to adjacent existing development. The developer shall provide copies of articles of incorporation, bylaws, and CC&Rs for the multiple associations or these documents amended to conform to conditions of approval. ANX 2020-03, PUD 2020-02,etc. Staff Report/Final Decision Attachment 203 Page 8 of 8 134 ANX 2020-03 Dove Landing PUD: Attachment 205: Tree Protection & Environmental Remediation Part A. Tree preservation 1. East: (a) Objective: To preserve most of the trees within the small forest across BFR, "O", & "P" ROWS and Tracts F, G, & I, with focus on Tracts F & G. o i�Ra ,jai r i i %i l r � rn il�f � 7677 , I I i 1 ; Exhibit 205A1 Marion County Assessor's Office aerial view of subject property east area at BFR /-,,°% rrr�yy�y�i %J r/// I �IIIY IYIYIP�Iri@YV Y IYv yyr•• //,;�ri. � .... w r � � Exhibit 205A1 Google Street View NW to small forest ANX 2020-03, PUD 2020-02,etc. Staff Report/Final Decision Attachment 205 Page 1 of 6 135 (b) Street improvements, inc. both frontage and off-site improvements, shall preserve to the max extent feasible trees that lie within future planter strips and along the other side of sidewalks. The developer shall provide more detail, including the trees identified for preservation and removal, through a tree preservation plan specific to street improvements through CEP. (c) Exception: The developer may be able to except from preservation one or more trees from an approved CEP tree preservation plan if(a) providing for arborist examination during street improvements construction, (b) the arborist documents why and how preservation is not physically feasible, (c) the developer submits such documentation simultaneously to the Director and PW, (d) and the Director approves such documentation prior to removal. 2. SW: Development shall preserve the trees that land use review Sheet 13.1 illustrates to be retained and shall partially retain those that the supplemental arborist memo of January 6, 2021 submitted January 15 summarizes to retain by creating snags out of trees 70522 and 70523 by reducing their heights to max 15 ft and girdling the trunks. Any removal would trigger a tree removal fee/ preservation fee in-lieu per Attachment 206. 3. Protection during construction: The developer shall follow this Attachment 205, Part B. Part B.Tree preservation During Construction Tree preservation: Protection during construction: "11 6U.U3U The applicant shall protect the preserve trees pursuant similar to City o Portland Title................. , specifically either the subsections set of C.1.a.(1), (3) and C.1.b., e., &f. (clear and objective) and D.; or, the subsections set of C.2.a., b., & d.-f. (arborist's discretion) and D. as modified below and shall do so between Design Review approval and issuance of certificate of occupancy(C of O): C. Protection methods.The Tree Plan shall show that the contractor adequately protects trees to be preserved during construction using one of the methods described below: 1. Clear &Objective Path. a. A root protection zone is established as follows: (1) For trees on the development site - a minimum of 1 foot radius (measured horizontally away from the face of the tree trunk)for each inch of tree diameter (see Figure 80-2) ANX 2020-03, PUD 2020-02,etc. Staff Report/Final Decision Attachment 205 Page 2 of 6 136 M . �wm Moot pr aver.thl 5mNuar 9f,a a'l of. 'I foat to eall inch ICS a nIIi&rr.rr u (3) Existing encroachments into the root protection zone, including structures, paved surfaces and utilities, may remain. New encroachments into the root protection zone are allowed provided: (a) the area of all new encroachments is less than 25 percent of the remaining root protection zone area when existing encroachments are subtracted; and (b) no new encroachment is closer than 1/2 the required radius distance (see Figure 60-1); ANX 2020-03, PUD 2020-02,etc. Staff Report/Final Decision Attachment 205 Page 3 of 6 137 µ .. , 010ma tr of tree at "P lao 12 inchuu " EncroachnnenV5 Mtall be no clo5er than one half of the r required root r tion zone radl uu iia '^g protection n n r'oachi^n- ntaia aii- zone io a 12 foot accupy nava more 'han rachue Cir+IC 25 of the,totaI area r a i na ^r') In the root tip pr a -ion zone circle b. Protection fencing (1) Protection fencing consisting of a minimum 6-foot high metal chain link construction fence,secured with 2-foot metal posts shall be established at the edge of the root protection zone and permissible encroachment area on the development site. Existing structures and/or existing secured fencing at least 3% feet tall can serve as the required protective fencing. ANX 2020-03, PUD 2020-02,etc. Staff Report/Final Decision Attachment 205 Page 4 of 6 138 ........................................................................................................................................................................................................................................................................................................... ii �i l f �777777,�7 (2) When a root protection zone extends beyond the development site, protection fencing is not required to extend beyond the development site. Existing structures and/or existing secured fencing at least 3% feet tall can serve as the required protective fencing. e. The following is prohibited within the root protection zone of each tree or outside the limits of the development impact area: ground disturbance or construction activity including vehicle or equipment access (but excluding access on existing streets or driveways), storage of equipment or materials including soil, temporary or permanent stockpiling, proposed buildings, impervious surfaces, underground utilities, excavation or fill,trenching or other work activities; and f. The fence shall be installed before any ground disturbing activities including clearing and grading, or construction starts; and shall remain in place until final inspection by Planning Division staff. 2. Arborist's Discretion. When the prescriptive path is not practicable, the applicant may propose alternative measures to modify the clear and objective root protection zone (RPZ), provided the following standards are met: a. The alternative RPZ is prepared by an arborist who has visited the site and examined the specific tree's size, location,and extent of root cover,evaluated the tree's tolerance to construction impact based on its species and health, identified any past impacts that have occurred within the root zone, and forwarded a report through the developer to Planning Division staff; b. The arborist has prepared a plan providing the rationale used to demonstrate that the alternate method provides an adequate level of protection based on the findings from the site visit described above; ANX 2020-03, PUD 2020-02,etc. Staff Report/Final Decision Attachment 205 Page 5 of 6 139 d. If the alternative methods require the arborist be on site during construction activity, the applicant shall submit a copy of the contract for those services prior to permit issuance and a final report from the arborist documenting the inspections and verifying the viability of the tree(s) prior to final inspection by the Planning Division; e. If the alternative tree protection method involves alternative construction techniques, an explanation of the techniques and materials used shall be submitted; f. The arborist shall sign the tree preservation and protection plan and include contact information. D. Changes to tree protection. Changes to the tree protection measures during the course of the development may be approved as a revision to a permit provided that the change is not the result of an unauthorized encroachment into a root protection zone (RPZ), and the applicant demonstrates that the tree protection standards of this Section continue to be met.When an unauthorized encroachment has occurred,the City may pursue an enforcement action or other remedy. Part C. Environmental Remediation This applies to all tracts, unless otherwise specified. The developer shall: 1. Invasive plant removal: Eradicate invasive creepers, groundcover, shrubbery, vines, and weeds that might exist, at min any of the following species: (a) Himalaya blackberry (Rubus armeniacus) (b) English ivy (Hedera helix) (c) Common reed (Phragmites australis) (d) Giant hogweed (Heracleum mantegazzianum) (e) Gorse (Ulex europaeus) (f) Kudzu (Pueraria lobata) (g) Old man's beard (Clematis vitalba) (h) Ribbongrass (Phalaris arundinacea var. Picta) (i) Water primrose (Ludwigia hexapetala, peploides) (j) Yellow flag or yellow water iris (Iris pseudacorus) 2. Grass: Where removal of invasive plants or the unintended effect of nearby construction results in bare ground, plant lawn grass, wild grass, or a combination. ANX 2020-03, PUD 2020-02,etc. Staff Report/Final Decision Attachment 205 Page 6 of 6 140 ANX 2020-03 Dove Landing PUD: Attachment 206: Conditioned Fees All of the following conditioned fees are due as applicable, whether or not mentioned directly by a condition of approval. Refer to Condition G3 for a dictionary/glossary, including acronyms and shorthand text. Part A. Fee Provisions 1. Any and all conditioned fees are in addition to, and not in place or as discounts of, any existing charge or fee however termed ordinarily assessed based on any existing ordinance, resolution, or administrative policy, inc. adopted fee schedules. If and when the City amends any ordinance, resolution, or administrative policy, inc. a fee schedule, to increase a charge or fee that is both (1) the same kind of charge or fee that is conditioned, (2) the amended charge or fee amount would exceed the amount conditioned, and (3) the increase takes effect before the conditioned fee is due, then the developer shall pay the greater amount. 2. Payments of conditioned fees shall reference a final decision case file number and the condition of approval letter/number designation, be it in a check memo field or through a cover or transmittal letter. For administrative and logistical details of such fee payments, the developer is to contact and administrative assistant or similar position in either PW or the Community Development Dept. as applicable. For all administrative and logistical questions about fee payment, the developer is to contact the permit/planning technician at (503) 982-5246 and refer to this attachment within the ANX 2020-03 Dove Landing final decision. For payment method policy details, the developer is to contact the Finance Department at (503) 982-5222, option zero, for payment method policy details. ANX 2020-03, PUD 2020-02,etc. Staff Report/Final Decision Attachment 206 Page 1 of 2 141 Part B. Fee Table Table 2068. Conditioned Fees Condition Fee Type Amount Context Timing Staff Reference Tracking: PUD-5 Tree Preservation Trees 70522& $500 per tree If not reduced to"snags' Final plat approval by the removal fee in-lieu 70523 per Attachment 205,Part A. City G6 through CEP: Review by Planning Division;and $250;$327 Original/1"submittal;each Before final plat approval this PUD Final Plan Approval review subsequent inc. by the City Attachment deferral/piecemeal 206 Inspections by Planning Division $75;$327 1st inspection or Subdivision improvements "walkthrough";each and building permit subsequent T-BP1 c.Wayfinding signage fee in-lieu $1,500 per Regardless of number of Final plat approval by the location sign faces that would've City been at a location Attachment Park identification monument sign fee in-lieu $5,000 Assistant City Administrator Final plat approval by the 203 discretion City G6 through Bond/bonding/performance guarantee: $250 per Covers submittal of written Were the developer to this construction request request and draft materials. request and if City is Attachment Applies also to willing to consider a 206 deferred/piecemeal request submittals. ANX 2020-03,PUD 2020-02,etc.Staff Report/Final Decision Attachment 206 Page 2 of 2 142 �(�'�'1 -r ,I lig♦ +"♦ BU Ag4--4 April 26, 2021 TO: Honorable Mayor and City Council, through City Administrator FROM: Anthony Turley, Finance Director SUBJECT: Establishment of the American Rescue Plan Fund RECOMMENDATION: Approve the attached resolution authorizing the City Administrator to establish the American Rescue Plan Fund. BACKGROUND: On March 11 , 2021 President Biden signed into law the American Rescue Plan (ARP). The ARP allocates $1 .9 trillion to COVID-19 relief and economic recovery. The City of Woodburn has been allocated $5.36 million. The distribution of the funds will occur over the next two fiscal years, $2.7 million this year and the balance in next fiscal year. The grant money will be distributed to the City through the State, however, the State cannot place any additional restrictions on the use of the funds nor keep any portion of the distribution. Oregon budget law, ORS 294.480 provides that a supplemental budget is required when a change to the adopted budget is necessary due to "unforeseen circumstances". Budget law provides for exceptions to the requirements of a supplemental budget under ORS 294.326(3) when the unforeseen circumstance is due to certain conditions including "specific purpose grants and gifts." When those conditions occur, the City Council can approve the appropriation of the funds and establish the required fund via a resolution. The Grant to the City by the Federal Government (Grantor) is a specific purpose grant and is subject to the exception noted above. DISCUSSION: As required by budget law, upon acceptance of the grant the City will establish a separate fund. For accounting purposes, it is designated as a "special Agenda Item Review: City Administrator—x— CityAttorney_x_ Finance— x-143 Honorable Mayor and City Council April 26, 2021 Page 2 revenue fund" to ensure the proper use of the proceeds as designated by the grantor. The fund's name will be the American Rescue Plan Fund (Fund 136) and the purpose of the fund is to account for the revenue and approved expenditures of the grant as designated by the grantor The grant proceeds will be deposited within the City's interest bearing account (Local Government Investment Pool). Any interest earnings from the donation proceeds will be allocated and credited monthly to the American Rescue Plan fund. FINANCIAL IMPACT: The establishment of a new fund in the City's current fund structure should have no direct impact on current operations nor will the management of the ongoing special revenue fund have a significant impact on Finance staff. For the 2020-2021 Fiscal Year the American Rescue Plan Fund will appropriate revenues in the amount of $2,700,000. Because the distribution of money will happen in May or June the entire appropriation will be held in contingency. 144 COUNCIL BILL NO. 3148 RESOLUTION NO. 2168 A RESOLUTION ESTABLISHING THE AMERICAN RESCUE PLAN FUND AND APPROVING APPROPRIATIONS FOR THE FUND FOR FISCAL YEAR 2020-2021 WHEREAS, the City desires to accept a grant from the Federal Government to fund the City's recovery from the COVID-19 pandemic; and WHEREAS, the City is willing and able to comply with the requirements of uses of the proceeds as designated by the grantor; and WHEREAS, the City will establish a special revenue fund to account for the proceeds and uses of the grant; and WHEREAS, ORS 294.480(1 ) (a) permits supplemental budgets when "an occurrence of condition which had not been ascertained at the time of the preparation of a budget for the current year or current budget period which requires a change in financial planning"; and WHEREAS, ORS 294.326(3) provides exceptions to supplemental budget requirements when specific circumstances are met, including the receipt of specific purpose grants and gifts that have been designated by the grantor or donor; and WHEREAS, the establishment of the American Rescue Plan Fund and appropriations for the fund comply with ORS 294.326(3); NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That pursuant to the applicable ORS provisions cited above, the City Council hereby authorizes the establishment of the American Rescue Plan Fund and approves the appropriations for FY 2020-2021 in amounts listed in Exhibit A. Approved as to Form: City Attorney Date APPROVED: Eric Swenson, Mayor Passed by the Council Submitted to the Mayor Page 1 -COUNCIL BILL NO.3148 RESOLUTION NO. 2168 145 Approved by the Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson, City Recorder City of Woodburn, Oregon Page 2-COUNCIL BILL NO.3148 RESOLUTION NO. 2168 146 Exhibit A City of Woodburn American Rescue Plan Fund FY 2020-2021 Category Original Supplemental Revised Federal Grants - (2,700,000) (2,700,000) Contingency - 2,700,000 2,700,000 147 r " 1 04 BU a 1,d f;'! 7 April 26, 2021 TO: Mayor, City Council (acting as the Local Contract review Board) through City Administrator THROUGH: Marty Pilcher, Chief of Police FROM: Andy Shadrin, Lieutenant SUBJECT: Surplus Vehicle Disposal RECOMMENDATION: Authorize the City Administrator to dispose of surplus vehicles that are currently in the inventory of the Woodburn Police Department. BACKGROUND: The Police Department currently has two canine patrol vehicles, 3 Kawasaki motorcycles, and one Ford F150 pickup in our inventory that are now surplus vehicles. The three motorcycles and the two K9 vehicles have been replaced with new equipment. The pickup is no longer able to support the department's needs and will eventually be replaced. DISCUSSION: Pursuant to the City's Public Contracting Ordinance (Ord. 2381 ) Section 8, The City Administrator shall have the authority to dispose of surplus property and abandoned personal property not owned by the City by any means determined to be in the best interests of the City, including but not limited to, transfer to other departments, government agencies, non- profit organizations, sale, trade, auction, or destruction; provided however, that disposal of personal property having residual value of more than $10,000 shall be subject to authorization by the Local Contract Review Board. All of the information regarding our surplus fleet was provided to Gresham Ford for a trade in evaluation. In total, Gresham Ford has offered to take all of the vehicle in on trade and hold the value as a trade credit for $25,600. Due to the Agenda Item Review: City Administrator_x_ City Attorney x_ Finance—X- 148 Mayor and City Council April 26, 2021 Page 2 fact, Gresham Ford is part of the Oregon Cooperate Purchasing Program; the Police Department will use the trade credit towards the next vehicle purchase. Gresham Ford is currently searching for a vehicle in order for the Police Department to purchase. However, given the pandemic, current inventory is limited. Gresham Ford will hold onto the trade credit until a suitable vehicle can be found. FINANCIAL IMPACT: At this time, there is no financial impact to the City. Once a suitable vehicle is located, the Police Department will be able to use the trade credit and if necessary use current funds within the budget to purchase a vehicle. The expected purchase should be completed by June 30, 2021 . 149 wt, WOODBURN POLICE DEPARTMENT 1060 Mt. Hood Avenue, Woodburn, Oregon 97071 Phone: (503) 982-2345 FAX: (503) 982-2370 MEMORANDUM April 6, 2021 To: Scott Derickson Subject: Elimination of Surplus Vehicles Over the years, the Woodburn Police Department has continued to update its vehicle inventory. The six (6)vehicles listed were purchased with general funds. Due to the age and condition of the vehicles, they are no longer able to remain in service for the Woodburn Police Department or the City of Woodburn. Below is a list of vehicles I am recommending be removed from our inventory. Vehicles 2009 Kawasaki Concourse 14 motorcycles X3. 2015 Ford Explorer patrol vehicle (K9) X2 2004 Ford F150 Once approved for release, Gresham Ford has offered to take the vehicles in trade for the agreed upon price of$25,600 for all six vehicles. The trade credit will be applied to a future purchase from Gresham Ford. X Marry Pilcher Chief of Police Integrity + Courage + Pride + Respect+Accountability + Service 150 TRANSFER OF VEHICLE TITLE TRANSFEROR: TRANSFEREE: City of Woodburn Gresham Ford 270 Montgomery Street 1999 East Powell Blvd Woodburn, Oregon 97071 Gresham, Oregon 97080 Vehicle Description Estimated Value Status 2009 Kawasaki Concourse 14 (X3) $6600 City Owned 2004 Black F150 $6000 City Owned 2015 Ford Explorer K9 (X2) $13,000 City Owned TRANSFEROR, as owner of the above-described vehicles, transfers ownership of the vehicle to TRANSFEREE for the total sum of$25,600. TRANSFEROR hereby releases all ownership rights in the above-described vehicle upon signing the back of the vehicle's title, making the necessary odometer disclosure, and delivering the vehicle's title to the TRANSFEREE. TRANSFEROR agrees to notify the Oregon State DMV of this transfer within ten (10) days,per the requirements of ORS 803.112. TRANSFEROR declares that the statements contained herein are true and correct to the best of its knowledge and belief. Scott Derickson, Woodburn City Administrator Date TRANSFEREE hereby accepts full liability for the above-described vehicle and any third-parry liability incurred from the vehicle's use from the date of transfer. TRANSFEREE agrees to apply for transfer the vehicle's title with the Oregon State DMV within thirty (30) days of this transfer,per the requirements of ORS 803.090. Integrity + Courage + Pride + Respect+Accountability + Service 151 TRANSFEREE acknowledges receipt of this Transfer of Vehicle Title and understands that there is no guarantee or warranty, expressed or implied, with respect to the above- described vehicle. The Transferee also understands this vehicle does not have an engine installed. It is also understood that the above-described vehicle is transferred in "AS-IS" condition. Gresham Ford Representative Date Integrity + Courage + Pride + Respect+Accountability + Service 152 I I � � � m� ade � w i } - - ! - - - } d e , ■ - ■ ■ ■ - , ■ , - �� } ■ ■ ■ ■ ■ } � ^ - ■ ■ ■ - ® - - ® - ' - ® ' ® ' ® © ' ■ - ■ , , ■ ■ , ■ } ■ } - ® - ® - - - - e - , . , - , - ■ , ■ , , - . ■ - , - , � ;, } ■ , ■ - < ■ � - , . - - � ■- - - ■ , , � � - . ��\ - - , - , , ■ , ■ - � ■� - , , � - , } ■ , ■ - � - ■ � - , . - - %��\ i } z } - - - ■ ■ - ■ ■ ■ ■ ■ ■ , ■ - - ■ ■ - } ° \ ■ ■ , ■ ■ , ■ } ■ , , , , - \w - / e. - ■ ■, ■ ■ , } , ■ ■ ■ , ■ } - , ■ ■ ■ , - - , ■ } - ■ ■ ■ ■ , - - e - - - - , , ■ - - - - ( } , , ■ , } ■ - , ^ ■ ■ , ■ ■ � ■ , ■ , ��\ } ■ , ��\ I I ® � � mw gr �� i } ^ ^ ' } �. } ° - - ® � � - - ® - - - - e - e - - - } : ■ , i } z - , - - - , - - e - e ' • } } z � , - ■ e - - - e ■ - - - e } z - , ■ - , ■ - - - ■ , ■ ■ , ■ } ■ ■ - ;��\ } z , ■ - - ■ , - ■ e ��\ i } ^ ^ ' } �. } ` ' \ \ ' ' ` ' ` '. . ' ` � ', ` , , ,' `, , � : ■ ■ , ■ ■ } - , ■ , - - ,w - , - ■ ■ ■ } e , - , e e e , - , e , , , - , , � } / ' ` ' ■ ' . ■ - ■ , - , , - , , - } z _ . . , , - , - , ■ - - ' - - - ® - } z - , , - - . - - e , ■ - , e e ��\ ■ ■ „ } . ■ .■ , - -. - - ■ , ■ , . . , . _ . , _ ��\ � ■ „ ■ , , ■ , , ■ ��\ i } I ■ \ ~ } � } e , ■ , ■ e ■ ■ ■ - , } ° % - e , - ■ - ■ , ■ e , ■ - ■ , ■ ■ , ■ ■ e , ■ ■ ® ■ , $ ■ e ■ ■ e e } e ■ ■ } ` » , ■ - - ■ ■ ■ e ! �— � } » , , , . . , � ■ ■ ■ ■ ■ - w ■ - ��\ � ■ ■ e ■ ■ , ■ ��\ i TAXING DISTRICT CONTACT ADDRESS CITY ZIP, Marbn County Jeff yw h te,CFCs PO Box 14500 Salem"OR 97309 City of Gervais Susae Marston,Graf Manager PO Box 329 Gervais,OR 97026 City of Woodburn Scott Deric!kscan,Oty Administrator 270 Montgomery Street Woodburn,OR 97+371 Marin[county Soil&Water Jane rtepp-inRer,District Manager 338 Hawthorne Avenue NE Salern,OR 973,01 Woodburn Ferre Elist,rict Chef lire Budge 1776 Newberg Highway Woodburn,OR 97071 Gervais Sclryacnl District. Dandy Steven s,Dist6ct Su peri n tende nt IPOBox 1,870 Gervais,OR 970261 Woodburn School Dstrict Juan LaOoas,Acting 5uperintenclent 1399 Meridian Drive Woodburn,OR 971371 Willamette ESD €Jirectrar of Finance 2611 Pringle Rerad'SE S,alern,OR 97302 Chervieketa Community Cailege Mi6arn Scharer,Chief Financial Officer PO Box 14007 Salern,OR 97309 Regional Library Direct:or PQ Box 14007 Salem,OR 973Lr9 Marion County Extension L 4H Linda Adainns,FiscaB Officer 15045W Jefferson Way CorvaBlis,.OR 97331 Woodburn Urban Renewal Agency Scott Deriiclxsen,City Administrator 279 Montgomery Street Woodburn,OR 97071 Special Da stricts Assoacnati¢on o f oregora Government Affairs PO 9rax 12613 Salem,OR 973,19 I I 1PI OODBU URN-GE'RVAIS ENTERPRISE ZONE RE-DESIGNATION Taxiing Districts IPulbllic Meeting—April 29, 20,21—5:00 p.m. The meeting will be held virtuallly on T'hursdlay—Apoiil 29,2021,from 5:010 p.m.to 6:00 p.m. The meeting can be accessed at:„https://glabal.gotomee'ting.com/loin/G35444821. You can also dial iin using your phone: United'States(Toll Free): 1877 309 2,0,73 or United States:+1 (571) 317-3129. Access Code:635-444-321, If your acre unable to attend this meeting,, your district's hoard iswellcometosuhim'it warrittencornrments to City of Woodburn,, Attent}on.JarnieJohnik-Economic Development Director, 270 Mllontgomery Street,Woodburn, OR 93071 or email:Ja,l°mwiie.johnk@cl woodlhu.urn,+ei,.,lrus. I I * Welcome and Introductions * Enterprise Zone Overview * Review of Draft Enterprise Zone Boundary Map * Questions and Answers for Local Taxing Districts * Recognition of Written Comments fif any) 1 I I • Resolutiions: Not less than seven days after this meeting, the sponsoring governments will adopt the requisite resolutions to designate the entero ris zone. The following are ayr�ti i aat�,5 times and dames fair consideration of these resolutions: a Gervaiis City Council meeting—Thursday May 6, 2021 at 7:00 p.m. at Gervais City Hall, 502 4"''street,Gervais or online at: httpas://zoor-n.tis/'/91166046373.R?'p wd—alFNBRDFFbi,nNLTiEx "" Z6 2JL ORGx m fU 1100 � I 'WWoodlaurin City County meeting— Monday— IMay '10, 2021 at 7:00 p.m. at 'W4n'oodburin City Hall, 270 Montgomery Street, Woodlburn or online at: Hs;ttfas.�` .c Gal atonmeetllri coir iiin 38,260 21. I I �tdburn V � ais n erpi1'1 f' yi�i Zone e Legend m City L mn iwa T r I` iiiic===mad 4 ,.e rmwmww fv vn w II�^ 1 f r—ed,MpO4'f7.�1fl21 I I I � I � �" "" nnn �uooi "" � I nnn �uooi oiiiii � w, uoor �, IIII��