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May 24, 2021 Agenda ERIC SWENSON,MAYOR CITY OF WOODBU RN DEBBIE CABRALES,COUNCILOR WARD 1 ALICE SWANSON,COUNCILOR WARD II CITY COUNCIL AMENDED ROBERT CARNEY,COUNCILOR WARD III SHARON SCHAUB,COUNCILOR WARD IV AGENDA MARY BETH CORNWELL,COUNCILOR WARD V BENITO PUENTE JR.,COUNCILOR WARD VI MAY 24, 2021- 7:00 P.M. VIA VIDEO CONFERENCING 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements: None. A1212ointments: None. 4. COMMUNITY/GOVERNMENT ORGANIZATIONS None. 5. PROCLAMATIONS/PRESENTATIONS Proclamations: None. Presentations: A. Portland General Electric - Maria Pope, PGE President and CEO B. Use of Force Report and OAA Certificate of Accreditation 1 C. COVID-19 Update 6. COMMUNICATIONS None. 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 interpretes disponibles para aquellas personas que no hablan Ingles, previo acuerdo. Comuniquese al (503) 980-6322.** May 24, 2021 Council Agenda Page i 7. BUSINESS FROM THE PUBLIC -This allows the public to introduce items for Council consideration not already scheduled on the agenda. 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 May 10, 2021 10 Recommended Action: Approve the minutes. B. Crime Statistics through April 2021 13 Recommended Action: C. Acceptance of Two Public Utility Easements at 2215 Progress Way, 18 Woodburn, OR 97071 (Tax Lot 051 W08B001500) Recommended Action: Authorize the acceptance of two Public Utility Easements to be granted by Ivanov Investment Group LLC, owners of the property located at 2215 Progress Way, Woodburn, OR 97071 (Tax Lot 051W08130011500). 9. TABLED BUSINESS None. 10. PUBLIC HEARINGS A. FY 2020-2021 Supplemental Budget Request 29 B. Woodburn Eastside Apartments 31 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. 3153 - An Ordinance Annexing Approximately 8.62 Acres of Territory at 2145 Molalla RD NE into the City of Woodburn, 33 Located Along the North Side of Oregon HWY 211 East of June Way, Marion County, Oregon Recommended Action: Adopt the Ordinance. B. Council Bill No. 3154 - An Ordinance Designating Zoning to 119 Approximately 8.62 Acres of Territory at 2145 Molalla RD NE Located May 24, 2021 Council Agenda Page ii Along the North Side of Oregon HWY 211 East of June Way, Marion County, Oregon as Commercial General (CG) Zoning District Recommended Action: Adopt the Ordinance. C. Approval of Final Decision Document for Woodburn Eastside 127 Apartments Recommended Action:Authorize the mayor to sign the final decision document. D. Council Bill No. 3155 - A Resolution Approving Transfers of FY 2020- 173 2021 Appropriations and Approving a Supplemental Budget Recommended Action: Adopt the attached resolution approving a supplemental budget for various funds for fiscal year 2020-2021 . E. Transit Vehicle Purchase 175 Recommended Action: Authorize the City Administrator to enter into an agreement to purchase a transit bus from Creative Bus Sales for $333,869. F. COVID-19 Mask Guidance and Physical Distancing Requirements 200 Recommended Action: Decide whether the City will continue to apply the face mask and physical distancing requirements in state COVID-19 guidance or allow visitors to the workplace to make use of the vaccine exemption as outlined in OHA revised interim guidelines, effective on a date certain. 12. OTHER BUSINESS None. 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. A. Call-Up Briefing: Planning Division staff approval of a Zoning 207 Adjustment application for 531 Ostrom Drive (ZA 21-03) Recommended Action: Staff recommends no action and briefs the Council on this item pursuant to Woodburn Development Ordinance (WDO) Section .4 02 02.,. The Council may call up this item for review if desired and, by majority vote, initiate a review of this decision. B. Call-Up Briefing: Planning Division staff approval of a Zoning 209 Adjustment application for 680 Bishopick Way (ZA 21-04) Recommended Action: Staff recommends no action and briefs the May 24, 2021 Council Agenda Page iii Council on this item pursuant to Woodburn Development Ordinance (WDO) Section .A;,.Q2;,,.02. The Council may call up this item for review if desired and, by majority vote, initiate a review of this decision. C. Call-Up Briefing: Planning Division staff approval of a Zoning 211 Adjustment application for 622 Bishopick Way (ZA 21-05) Recommended Action: Staff recommends no action and briefs the Council on this item pursuant to Woodburn Development Ordinance (WDO) Section .,.Q2..,.02.. The Council may call up this item for review if desired and, by majority vote, initiate a review of this decision. 14. CITY ADMINISTRATOR'S REPORT 15. MAYOR AND COUNCIL REPORTS 16. EXECUTIVE SESSION None. 17. ADJOURNMENT May 24, 2021 Council Agenda Page iv DBU.CSI May 24, 2021 TO: Honorable Mayor and City Council through City Administrator FROM: Martin Pilcher, Interim Chief of Chief SUBJECT: 2020 Use of Force Report RECOMMENDATION The Woodburn City Council receive and review the Woodburn Police Department's Use of Force Policies and Annual Use of Force Report. DISCUSSION Each year the Woodburn Police Department presents the Yearly Use of Force and Vehicle Pursuit Report to the City Council via the City Administrator (see Attachment 1 ). This report provides statistics on the force used by Woodburn police officers as they fulfilled their assigned duties and compares it to the same categories for the prior two years. Further, this year's report complies with the Mayor's Pledge Regarding Use of Force Resolution, dated August 10, 2020. House Bill 4301 (HB4301 ) was passed by the Oregon Legislature during the 2020 Special Session. This new law brings Oregon statutes on use of physical force and use of deadly physical force into compliance with two landmark US Supreme Court cases governing use of force by police officers; Tennessee v. Garner and Graham v. Connor. Further, HB4301 statutorily regulates use of pressure on the throat or neck of another person by a peace officer or corrections officer. In August 2020, all Oregon law enforcement agencies, including the Woodburn Police Department underwent training on the changes to Oregon law with regard to use of physical force and use of deadly physical force as set out from the passage of H134301 . Understanding that use of force policy (see Attachment 2) is driven by state and federal law, legal precedent and best practice, the Woodburn Police Department's use of force policy stresses de-escalation and disengagement whenever practical. Agenda Item Review: City Administrator x_ City Attorney_x Finance_x- 1 Honorable Mayor and City Council May 24, 2021 Page 2 The Woodburn Police Department trains its personnel in use of force and use of deadly physical force using evidence based best practice reflective of state and federal law. The Woodburn Police Department continues to be an accredited law enforcement agency, holding accreditation from the Oregon Accreditation Alliance. All department policies, including those governing use of physical force and use of deadly physical force and related training are reviewed for law compliance and use of evidence based and best practice during the accreditation process. FINANCIAL IMPACT None 2 After each use of force incident, the involved Police Officer(s) are required to document the event in a Use of Force y Report. This report is reviewed by department's supervisory and command staff. At the end of each year, a report of the ear's force and pursuit incidents is y �, � ► completed for the Chief of Police and Command Staff. This report is used to evaluate current trends and techniques in Woo order to address any training or equipment Woodburn Police Department needs, or policy changes. Use of Force&Vehicle Pursuit Report Use o Force A goal of the Woodburn Police Department Historical Use ofForce Overview is to resolve each situation safely and peacefully. While most incidents end with The Woodburn Police Department's three- no physical force being used, a small year trend shows a 14.6% increase in Use of number of contacts require physical force to Force incidents from 2018-2019. From 2019 resolve the situation. to 2020, there was a 34% decrease. The Woodburn Police Department's use of Chart 1 force is guided by department policy and state and federal law, from a reasonable Force Incidents 2018- officer's perspective and based upon the 2020 totality of the circumstances at the time the force was used. In addition to state and federal law, the zozo Woodburn Police Department has several policies that outline the types of devices and 2015 techniques officers can use and the 2018 circumstances for use, including: o 10 20 30 40 50 Use of Force m Use of Farce Incidents by Year Control Devices and Techniques Conducted Energy Device Chart 1 shows the annual number of use offorce events for the last three years Firearms Vehicle Pursuits Canine Program 1 3 Table 1 represents annual data to include the It is important to note the Woodburn Police percentage change compared annually over Department did not receive a citizen the last three years. complaint surrounding a use of force event Table 1 in 2020. Year Incidents %+ or- Force Data 2018 41 +.01% The Woodburn Police Department records 2019 47 14.6% certain information from each Use of Force 2020 31 -34% report. Gender, intoxication, suspect injury, officer injury, and the type of force used are Table 1 shows the yearly increase or decrease from captured in the charts and graphs below. the previous year. In 2020, the Woodburn Police Department responded to approximately 14,000 calls for service. This is down from previous years, Chart 2 likely due to the Pandemic. The number of arrests from 2019 to 2020 increased by 66. Arrest by Gender The ratio between arrests made and use of force incidents average 1 use of force event for every 36 arrests for 2020. 50 Table 2 40 30 11111 1111110"i 1 20 Year # of # Rate 10 E Arrests Involving Force 0 2018 2019 2020 2018 1012 41 lin 25 2019 1052 47 lin INIFemale HIMale 22 Chart 2 compares the number of force events 2020 1118 31 lin involving females vs. males. 36 Table 2 shows the ratio of arrests made per year and those involving force used. 2 4 As shown in Chart 1, for 2020, Woodburn Table 4 Officers reported 31 use of force incidents. oro, �tJ t Each officer is to report the individual force used even if the force is used upon the same 11 illillillilllllllllllillillillillillillilliillillillillillillilI suspect by multiple officers. Year 2018 2019 2020 Intoxication levels often times are a key Firearm 27 24 18 factor when a suspect becomes non- Displayed compliant, resulting in the need of the officer to escalate the force to make an Control Hold 0 10 5 arrest. Table 3 Takedown 9 7 5 K9 5 3 1 jFocus Blows 2 3 2 ECD 5 19 9 Year 2018 2019 2020 Wrist Lock 11 6 7 Alcohol 11 9 7 Shoulder Lock 6 8 5 Drugs 6 10 9 Other 3 15 0 Alcohol & 0 7 1 Drugs Table 4 represents the type of force used and the number each technique or device was used. Unknown 11 11 3 In 2020, our officers used a mechanical Not Under 13 10 11 restraint system in 1 incident. This device is the designed to secure an individual safely for Influence transport to the jail in order to prevent injury to themselves or others, or causing damage Table 3 represents the number incidents of self- to a vehicle. reported use of alcohol and/or drugs by suspects and/or officer observations. The Woodburn Police Department has a K9 program consisting of two patrol protection/detection canines. The K9's are Officers must report any use of force utilized as force options. situation if the force used, could or would likely cause injury to the suspect. Table 4 The K9 can be deployed two ways. The first shows the type of force used in each is to track and apprehend a fleeing suspect. incident. The second is a show of force to non- compliant suspects. Anytime the K9 The display of an officer's service weapon, deployment results in the canine biting a is recorded separately from use of physical subject, the incident is considered a Use of force. Force, therefore requires reporting. 3 5 Table 5 1 if 116r Table 5 Year #of #of # of Deployments % of Deployments resulting represents Deployments Captures resulting in a canine in a canine bite three years of bite K9 deployments, 2018 31 9 2 6.5% captures, bites and 2019 43 14 4 9.3% percentage of bites resulting 2020 31 11 1 3.2% from deployment The Woodburn Police Department utilizes Table 6 the Electronic Control Device (ECD) as a i force option. The ECD can be utilized 1 i �i rf unde our options. Two of the options are considered mere presence and the other are considered use of Year ECD Arrests % of force. Use Arrest & ECD's The laser of the ECD is activated showing the suspect where the ECD darts will hit. 2018 5 1012 .004% The spark demo is when the cartridge is 2019 19 1052 .018% removed and the ECD is triggered. The ECD's electrodes arc across metal 2020 9 1118 .008% conductors giving off a spark as a visual Table 6 represents three years of data on ECD use demonstration. and the relationship it is used during use of force The probe mode is when the two ECD incidents. probes are fired from the ECD at the subject. Injuries reported in Be ofForce Incidents The thin insulated wires which connect the ECD to the metal probes deliver the Injuries can occur to both officers and electronic stimulant. The drive stun mode is suspects during violent encounters. Data when the ECD is pressed upon the subject's shows that officers are less likely to be body, sending the electronic stimulant from injured than the suspect is during a use of the ECD itself. force incident. The tables below represent the number of officers and suspects injured and what type of injury was sustained. 4 6 Table 7 Days and hours of the Week %�I�tU�,oirJrraQf �lft(ft 1,�1 ��fl Tables 9 and 10 display the number of incidents regarding the Use of Force during Year 2018 2019 2020 each work shift. No Injury 41 42 31 Table 9 Cuts/Abrasions 0 3 0 ��, 11! i� a1 I� IVIII i� J �t 111 III�� I IIII � fff �I )ll� 1 VIII. II l�(I� i)ff Bruise/Swelling 0 2 0 r� Injured Joint/Tom 0 0 0 2020; 11 20 Ligaments Table 7 shows the number of officers injured and the injury sustained Table 10 In 2020, 100% of the time force is used Officers were not injured compared to 68% of the time force is used, and the subjects are not injured. Monday 4 Table 8 Tuesday 2 BE WednesdaJ5 Thursday 3 Year 2018 2019 2020 Friday 5 No Injury 30 16 19 Saturday 4 Abrasions 3 9 7 Sunday 8 ECD Puncture 4 12 5 Cut/Puncture 2 9 0 Tables 11 and 12 display the number of Bruise/Swelling 2 1 0 incidents regarding pointing a firearm/ECD. Table 8 shows the number of suspects and the injury The Woodburn Police Department Operates sustained on two shifts. Dayshift hours are 6:00am to 6:00pm. Night shift hours are 6:00pm to 6:00am. This report also displays days of the week when Use of Force incidents occurred. 5 7 Table 11 Table 13 e- i �r I f Illlllfll 11111111 (((� �/// l i Year #of %+ or- 2020 12 11 Pursuits 2018 6 -25% Table 12 2019 0 -100% F-2620 8 800% !1, �Dr JIIAt%lf«Uiv is ia..,.„ Table 13 shows the number ofpursuits each Monday 6 year along with the percentage change Tuesday 4 Wednesday 1 The annual report is used by the Chief of Police and Command Staff to evaluate the Thursday 4 department's pursuit training, response, and Friday 1 liability for each vehicle pursuit. Pursuits dropped significantly from 2018 to Saturday 4 2019 because the Woodburn Police Sunday 3 Department shifted to a more restrictive pursuit policy that focused on initiation and continuation of pursuits. This has been a growing trend by law enforcement agencies throughout the country. Case law, litigation, Vehicle Pursuits and community expectations regarding use The Woodburn Police Department reports of force have been the primary factors in and reviews each vehicle pursuit. Vehicle changing the way law enforcement views pursuits are inherently dangerous to the vehicle pursuits. For 2020, there was an community, the pursuing officer and the increase in pursuits. Three of the eight suspect being pursued. Each vehicle pursuit pursuits involved a subject who was wanted is unique and poses a wide variety of risks for attempted murder. Six of the pursuits and outcomes. Vehicle pursuits are closely were discontinued. monitored and reviewed to ensure best practices and training are adhered to. 6 8 Chart 3 and end the attempt to apprehend the suspect. The conclusion of a pursuit takes place when the suspect vehicle stops on its own, whether stopped by intervention techniques (stop sticks or PIT), or the suspect vehicle crashes. Chart 4 shows how each of the 2020 pursuits ended. Chart 4 90+ Vehicle Pursuit Resolution Additional facts for 2020 vehicle pursuits: • 7 of the of 8 pursuits occurred between the hours of 6:00pm and 6:00am • 3 occurred on a Monday, I on a Tuesday, 2 on Thursday, and 2 on VEHICLE OFC. SPIKE STRIPS Saturday. STOPPED DISCONTINUED • There were no injuries reported. oit Resolution The most concerning factor with pursuits is Chart 4 shows how each 2020 pursuit was resolved. how the pursuit ends. Vehicle pursuits end in either termination or conclusion. 2020 Conclusion Termination is when the pursuing officers All of the Use of Force incidents were stop their attempt to apprehend the suspect. deemed within policy and in compliance of Conclusion means the vehicle was stopped and is no longer moving. Any officer or state and federal laws. supervisor can make the decision to terminate a vehicle pursuit. Pursuits are terminated for a variety of reasons. Often because the risk of apprehension does not rise to the level of the associated dangers of continuing to pursue. When a pursuit is terminated, the officer must deactivate all emergency equipment 7 9 COUNCIL MEETING MINUTES MAY 10, 2021 DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MAY 10, 2021 CONVENED The meeting convened at 7:02 p.m. with Mayor Swenson presiding. ROLL CALL Mayor Swenson Present Councilor Carney Present-via video conferencing Councilor Cornwell Present-via video conferencing Councilor Schaub Present-via video conferencing Councilor Swanson Present-via video conferencing Councilor Puente Present-via video conferencing Councilor Cabrales Present-via video conferencing Staff Present (via video conferencing): City Administrator Derickson, City Attorney Shields, 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, Parks and Recreation Manager Cuomo, City Recorder Pierson PRESENTATION COVID-19 Update - Parks and Recreation Manager Cuomo provided an update on the COVID- 19 response in Woodburn. CONSENT AGENDA A. Woodburn City Council minutes of April 26, 2021, B. Woodburn City Council Executive Session minutes of April 26, 2021, C. Liquor License Application for The Playce. Carney/Cornwell... adopt the Consent Agenda. The motion passed unanimously. PUBLIC HEARINGS A Public Hearing to consider input on declaring certain city owned property as surplus property. Mayor Swenson declared the hearing open at 7:19 p.m. for the purpose of hearing public input on declaring certain city owned property as surplus property. Operations Director Stultz provided a staff report. No members of the public wished to speak in either support or opposition of declaring certain city owned property as Surplus Property. Mayor Swenson closed the hearing at 7:22 p.m. A Public Hearing to consider input on the Woodburn-Gervais Enterprise Zone Re-Designation. Mayor Swenson declared the hearing open at 7:22 p.m. for the purpose of hearing public input on the Woodburn-Gervais Enterprise Zone Re-Designation. Economic Development Director Johnk provided a staff report. No members of the public wished to speak in either support or opposition of the Woodburn-Gervais Enterprise Zone Re-Designation. Mayor Swenson closed the hearing at 7:25 p.m. ACTION ON FINAL DECISION DOCUMENT DENYING ANNEXATION OF APPROXIMATELY 39.68 ACRES OF TERRITORY KNOWN AS THE OREGON GOLF ASSOCIATION PROPERTY WITH NO STREET ADDRESS ALONG THE EAST SIDE Page 1 - Council Meeting Minutes, May 10, 2021 10 COUNCIL MEETING MINUTES MAY 10, 2021 OF BOONES FERRY RD NE NORTH OF HAZELNUT DR (ANX 2020-01) AND RELATED LAND USE APPLICATIONS FOR DEVELOPMENT INTO THE TRILLIUM RESERVE PLANNED UNIT DEVELOPMENT (PUD 2020-01) Councilor Schaub stated that although she was not at the public hearing when this item was brought before the City Council she has read the minutes from the meeting and read the information that was provided in the agenda packet and that she intends to vote on this matter. Community Development Director Kerr provided a staff report. Carney/Cornwell... take action on the Final Decision Document denying 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 of Hazelnut Dr and related land use applications for development into the Trillium Reserve Planned Unit Development(PUD 2020-01). City Attorney Shields asked for confirmation that a yes vote on this motion means the applications are denied. Councilor Carney answered that that was correct. On roll call vote the motioned passed unanimously. COUNCIL BILL NO. 3149 - AN ORDINANCE ANNEXING APPROXIMATELY 31.13 ACRES OF TERRITORY KNOWN AS THE SCHULTZ FARM PROPERTY WITH NO STREET ADDRESS INTO THE CITY OF WOODBURN, LOCATED ALONG THE WEST SIDE OF BOONES FERRY ROAD NE NORTH OF HAZELNUT DRIVE, MARION COUNTY, OREGON Carney introduced Council Bill No. 3149. City Recorder Pierson read the bill twice by title only since there were no objections from the Council. Community Development Director Kerr provided a staff report. On roll call vote for final passage, the bill passed unanimously. Mayor Swenson declared Council Bill No. 3149 duly passed. COUNCIL BILL NO. 3150 - AN ORDINANCE DESIGNATING ZONING TO APPROXIMATELY 31.13 ACRES OF ANNEXED TERRITORY KNOWN AS THE SCHULTZ FARM PROPERTY WITH NO STREET ADDRESS LOCATED ALONG THE WEST SIDE OF BOONES FERRY ROAD NE NORTH OF HAZELNUT DRIVE, MARION COUNTY, OREGON AS RESIDENTIAL SINGLE FAMILY (RS) ZONING DISTRICT Carney introduced Council Bill No. 3150. City Recorder Pierson read the bill twice by title only since there were no objections from the Council. On roll call vote for final passage,the bill passed unanimously. Mayor Swenson declared Council Bill No. 3150 duly passed. APPROVAL OF FINAL DECISION DOCUMENT FOR DOVE LANDING PLANNED UNIT DEVELOPMENT (PUD 2020-02) Carney/Cornwell... approval of Final Decision Document for Dove Landing Planned Unit Development(PUD 2020-02). The motioned passed unanimously. COUNCIL BILL NO. 3151 - A RESOLUTION DECLARING CERTAIN CITY OWNED PROPERTY AS SURPLUS PROPERTY AND AUTHORIZING THE CITY ADMINISTRATOR TO SOLICIT THE SALE OF SAID PROPERTY Carney introduced Council Bill No. 3151. City Recorder Pierson read the bill by title only since there were no objections from the Council. Operations Director Stultz provided a staff report. On roll call vote for final passage,the bill passed unanimously. Mayor Swenson declared Council Bill No. 3151 duly passed. COUNCIL BILL NO. 3152 - A RESOLUTION INITIATING THE ENTERPRISE ZONE APPLICATION SUBMITTAL WITH STATE OF OREGON, BUSINESS OREGON Page 2 - Council Meeting Minutes, May 10, 2021 11 COUNCIL MEETING MINUTES MAY 10, 2021 DEPARTMENT FOR THE DESIGNATION OF THE WOODBURN-GERVAIS ENTERPRISE ZONE Carney introduced Council Bill No. 3152. City Recorder Pierson read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Swenson declared Council Bill No. 3152 duly passed. CALL-UP BRIEFING: PLANNING COMMISSION APPROVAL OF MODIFICATION OF CONDITION EX2 OF ALLISON WAY APARTMENTS ALONG STACY ALLISON WAY(MOC 2020-02 RELATED TO DR 2019-05 & EXCP 2020-05) The City Council declined to call this item up. CITY ADMINISTRATOR'S REPORT The City Administrator stated that there are a lot of things happening with the City and he will keep the Council updated on upcoming items. MAYOR AND COUNCIL REPORTS Mayor Swenson stated that Kurt Schrader visited Woodburn and along with the City Administrator and the Chamber of Commerce Director the talked to the people at the Trapala Restaurant, spoke with Ben at Yes Graphics and visited the Food Bank. Councilor Swanson stated that one of her goals as a City Councilor for the City of Woodburn is that every project that comes before the Council is given due consideration and represents the promise of livability. ADJOURNMENT Swanson/Schaub... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 7:52 p.m. APPROVED ERIC SWENSON, MAYOR ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon Page 3 - Council Meeting Minutes, May 10, 2021 12 5/17/2021 Woodburn Police Department MONTHLY ARRESTS BY OFFENSES 2021 Year to Date CHARGE DESCRIPTION Jan Feb Mar Apr Total AGGRAVATED ASSAULT 4 0 0 3 7 ANIMAL ORDINANCES 1 0 0 1 2 ARSON 1 0 0 0 1 ASSAULT SIMPLE 9 4 5 11 29 ATTEMPTED MURDER 0 1 0 0 1 BURGLARY- BUSINESS 0 1 0 0 1 BURGLARY-OTHER STRUCTURE 1 0 0 0 1 BURGLARY- RESIDENCE 0 1 0 0 1 COMPUTER CRIME 0 0 0 1 1 CRIME DAMAGE-NO VANDALISM OR ARSON 3 1 0 2 6 CURFEW 4 0 0 0 CUSTODIAL INTERFERENCE 0 1 0 0 1 CUSTODY- MENTAL 8 3 3 3 17 DISORDERLY CONDUCT 6 3 2 6 17 DRIVING UNDER INFLUENCE 10 7 12 9 38 DRUG LAW VIOLATIONS 10 4 1 2 17 DWS/REVOKED -FELONY 0 0 1 1 2 DWS/REVOKED-MISDEMEANOR 3 4 7 2 16 ELUDE 1 2 0 2 EXTORTION/BLACKMAIL 1 0 0 3 FAIL TO DISPLAY OPERATORS LICENSE 0 1 0 0 1 FAILURE TO REGISTER AS SEX OFFENDER 1 0 1 1 3 FORCIBLE RAPE 3 0 0 0 3 FRAUD -OF SERVICES/FALSE PRETENSES 0 0 0 1 1 FUGITIVE ARREST FOR ANOTHER AGENCY 48 33 26 38 145 HIT AND RUN-MISDEMEANOR 3 0 1 3 7 INTIMIDATION /OTHER CRIMINAL THREAT 7 1 1 6 1 KIDNAP -FOR ADDITIONAL CRIMINAL PURPOSE 1 0 0 2 3 MINOR IN POSSESSION 0 1 0 0 1 MOTOR VEHICLE THEFT 1 0 2 2 OTHER 5 2 2 2 11 PROVIDE FALSE INFORMATION TO LAW ENFORCEMEN 1 3 0 3 7 RECKLESS DRIVING 2 3 1 5 11 RECKLESSLY ENDANDERING 4 0 0 2 6 RESTRAINING ORDER VIOLATION 1 0 2 1 ROBBERY- BUSINESS 1 1 0 0 2 ROBBERY- RESIDENCE 1 0 0 0 1 RUNAWAY 1 1 1 0 3 EX CRIME -CONTRIBUTE TO SEX DELINQUENCY 0 0 0 1 1 EX CRIME -EXPOSER 0 0 0 2 2 EX CRIME -NON-FORCE RAPE 0 0 0 1 1 EX CRIME -PORNOGRAPHY/OBSCENE MATERIAL 0 0 0 2 2 EX CRIME -SEXUAL ASSAULT WITH AN OBJECT 1 0 0 0 1 TALKER 0 0 0 3 3 TOLEN PROPERTY- RECEIVING,BUYING,POSSESSING 1 0 0 1 2 HEFT- BUILDING 0 1 0 0 1 HEFT- FROM MOTOR VEHICLE 0 4 0 0 HEFT-OTHER 3 0 0 2 HEFT-SHOPLIFT 3 2 1 2 8 RAFFIC VIOLATIONS 8 0 10 0 18 RESPASS 1 3 0 4 8 UNAUTHORIZED ENTRY INTO MOTOR VEHICLE 1 2 0 0 3 VANDALISM 4 3 1 0 8 EHICLE RECOVERD FOR OTHER AGENCY 2 2 0 2 6 Page 1 of 2 13 5/17/2021 Woodburn Police Department MONTHLY ARRESTS BY OFFENSES 2021 Year to Date Jan Feb Mar Apr Total EAPON -EX FELON IN POSSESSION 1 1 1 1 EAPON -POSSESS ILLEGAL 5 1 0 3 9 EAPON -SHOOTING IN PROHIBITED AREA 1 0 0 0 1 Jan Feb Mar Apr Total 2021 Total 173 97 81 136 487 2020 Total 161 139 105 133 538 2019 Total 178 115 157 146 596 Arrests/Year 600 500 400 H ; `1 300 ; Q 200 100 0 2019 2020 2021 Year Page 2 of 2 14 5/17/2021 Woodburn Police Department MONTHLY CRIMINAL OFFENSES 2021 Year to Date CHARGE DESCRIPTION Jan Feb Mar Apr Total AGGRAVATED ASSAULT 2 3 1 7 1 ANIMAL CRUELTY 0 0 1 0 1 ANIMAL ORDINANCES 1 0 0 1 ARSON 1 0 0 0 1 ASSAULT SIMPLE 10 7 9 10 3 ATTEMPTED MURDER 0 1 0 0 1 BURGLARY- BUSINESS 1 4 3 2 1 BURGLARY-OTHER STRUCTURE 0 3 0 4 BURGLARY- RESIDENCE 2 4 1 1 COMPUTER CRIME 0 0 0 1 1 CRIME DAMAGE-NO VANDALISM OR ARSON 5 10 12 18 4 CRIMINAL MISTREATMENT 1 0 0 0 1 CURFEW 1 0 1 0 CUSTODIAL INTERFERENCE 0 1 0 0 1 CUSTODY- MENTAL 8 3 3 3 1 DISORDERLY CONDUCT 5 4 4 5 1 DRIVING UNDER INFLUENCE 10 7 12 9 3 DRUG LAW VIOLATIONS 6 3 1 2 1 DWS/REVOKED- FELONY 0 01 1 1 DWS/REVOKED-MISDEMEANOR 3 4 7 2 1 ELUDE 2 2 3 4 11 ESCAPE FROM YOUR CUSTODY 0 0 1 0 1 EXTORTION/BLACKMAIL 1 1 0 2 FAIL TO DISPLAY OPERATORS LICENSE 0 1 1 0 FAILURE TO REGISTER AS SEX OFFENDER 1 0 1 1 FORCIBLE RAPE 2 2 3 2 FORGERY/COUNTERFEITING 2 0 3 2 FRAUD- BY DECEPTION/FALSE PRETENSES 2 1 4 4 11 FRAUD- CREDIT CARD/AUTOMATIC TELLER MACHINE 1 4 1 1 FRAUD- OF SERVICES/FALSE PRETENSES 0 0 0 1 1 FUGITIVE ARREST FOR ANOTHER AGENCY 33 26 27 28 11 HIT AND RUN FELONY 1 0 1 2 HIT AND RUN-MISDEMEANOR 15 13 14 15 5 IDENTITY THEFT 2 2 4 0 INTIMIDATION /OTHER CRIMINAL THREAT 3 1 1 5 1 KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE 2 0 0 2 MINOR IN POSSESSION 0 2 1 0 MISCELLANEOUS 10 19 22 21 7 MOTOR VEHICLE THEFT 9 6 14 12 41 NON CRIMINAL DOMESTIC DISTURBANCE 9 10 11 8 3 OTHER 5 4 3 4 1 PROPERTY- FOUND LOST MISLAID 4 3 2 1 1 PROPERTY RECOVER FOR OTHER AGENCY 2 1 1 3 RECKLESS DRIVING 1 3 3 7 1 RESTRAINING ORDER VIOLATION 1 0 2 1 ROBBERY- BUSINESS 1 1 0 0 ROBBERY- CONV.STORE 0 1 0 0 1 ROBBERY- OTHER 0 0 1 1 ROBBERY- RESIDENCE 1 0 0 0 1 RUNAWAY 2 1 1 0 SEX CRIME - CONTRIBUTE TO SEX DELINQUENCY 0 1 0 0 1 SEX CRIME - FORCIBLE SODOMY 1 0 1 1 SEX CRIME - MOLEST (PHYSICAL) 1 1 1 1 SEX CRIME - NON-FORCE RAPE 0 0 0 1 1 SEX CRIME - PORNOGRAPHY/OBSCENE MATERIAL 1 0 0 1 SEX CRIME - SEXUAL ASSAULT WITH AN OBJECT 1 0 1 0 STALKER 0 0 1 1 Page 1 of 2 15 5/17/2021 Woodburn Police Department MONTHLY CRIMINAL OFFENSES 2021 Year to Date an Feb Mar Apr Total STOLEN PROPERTY- RECEIVING,BUYING,POSSESSING 1 0 1 1 HEFT- BICYCLE 1 0 0 0 1 HEFT- BUILDING 2 0 1 2 HEFT- FROM MOTOR VEHICLE 8 8 7 14 3 HEFT- MOTOR VEHICLE PARTS/ACCESSORIES 6 1 6 3 1 HEFT- OTHER 12 12 12 10 4 HEFT- SHOPLIFT 15 11 14 11 51 TRAFFIC VIOLATIONS 10 1 14 3 2 TRESPASS 3 6 2 4 1 UNAUTHORIZED ENTRY INTO MOTOR VEHICLE 2 0 1 0 VANDALISM 18 9 10 8 4 VEHICLE RECOVERD FOR OTHER AGENCY 6 3 2 3 1 WEAPON - EX FELON IN POSSESSION 0 1 1 1 EAPON - POSSESS ILLEGAL 2 1 1 3 WEAPON -SHOOTING IN PROHIBITED AREA 1 0 0 1 Jan I Feb I Marl Apr Total 2021 Total 1 2591 2131 2571 262 991 2020 Total 1 3071 3221 2491 278 1,156 2019 Total 1 3301 23 32 297 1,187 Offenses/Year 1200 1000 rneoo W W 600 LL 0 400 200 0 2019 2020 2021 YEAR Page 2 of 2 16 Woodburn Police Department ORDINANCE VIOLATIONS 2021 Year to Date 5/17/2021 Ordinance Discription Jan Feb Mar Apr Total Animal Complaint 18 32 41 47 138 Ordiinance -Abate/Nuisances 2 0 0 0 2 Ordinance -Abandoned Vehicles 16 22 26 26 90 Ordinance -Abate Graffiti 0 0 2 4 6 Ordinance - Land Use Violations 1 0 1 1 3 Ordinance -Oth Violation 14 12 13 18 57 2021 Total 51 66 83 96 296 2019 Total 14199 148 116 504 2020 Total 109 121 97 80 407 Ordinance Violations / Code Enforcement Officers 450 400 350 N 300 Z Q 250 0 200 150 100 50 0 2019 2020 2021 COMBINED TOTAL-CODE ENFORCEMENT OFFICERS Ordinance Violations / Year 600 500 N 400 Z O F 300 Q J O > 200 100 0 2019 2020 2021 YEAR TOTALS FOR ALL OFFICERS 1 17 �'I'1 r I Iii♦ r} B V' May 24, 2021 TO: Honorable Mayor and City Council through City Administrator FROM: Eric Liljequist, Public Works Projects & Engineering Director SUBJECT: Acceptance of Two Public Utility Easements at 2215 Progress Way, Woodburn, OR 97071 (Tax Lot 051 W08B00l500) RECOMMENDATION: Authorize the acceptance of two Public Utility Easements to be granted by Ivanov Investment Group LLC, owners of the property located at 2215 Progress Way, Woodburn, OR 97071 (Tax Lot 051 W08B001500). BACKGROUND: As a condition of approval of Design Review (DR 2019-14), the property owner is required to provide a 5-foot wide public utility easement and a 16-foot wide public waterline easement. DISCUSSION: The 5-foot wide Public Utility Easement is located along the easterly boundary of the property, adjacent to Progress Way. The 16-foot wide public waterline easement is located within the property, adjacent to Progress Way. The PUE dedication provides a permanent easement and right to construct, reconstruct, and operate public and franchised utilities within the identified area. Similary, the waterline easement dedication provides a permanent easement and right to construct, reconstruct, operate and maintain water mains and appurtenances within the identified area. FINANCIAL IMPACT: There is no cost to the City for the Public Utility Easements. ATTACHMENTS A Copy of the Public Utility Easement documents are included in Exhibit "A" and Exhibit "B" for each dedication. Agenda Item Review: City Administrator x_ City Attorney_x_ Finance—x- 18 AFTER RECORDING RETURN TO: Woodburn City Recorder City of Woodburn 270 Montgomery Street Woodburn, OR 97071 CITY OF WOODBURN, OREGON PUBLIC UTILITY EASEMENTS Ivanov Investment Group LLC GRANTOR, grants to the CITY OF WOODBURN, OREGON, hereinafter called CITY, a permanent easement and right-of-way, including the permanent right to construct, reconstruct, operate, and maintain Public Utilities on the following described land: See attached Exhibit "A"Legal Description of Permanent Easement and attached Exhibit "B"Sketch for Legal Description of Permanent Easement which are by this reference incorporated herein GRANTOR reserves the right to use the surface of the land for any purpose that will not be inconsistent or interfere with the use of the easement by CITY. No building or utility shall be placed upon, under, or within the property subject to the foregoing easement during the term thereof, however, without the written permission of CITY. Upon completion of the construction, CITY shall restore the surface of the property to its original condition and shall indemnify and hold GRANTOR harmless against any and all loss, cost, or damage arising out of the exercise of the rights granted herein. The true consideration of this conveyance is Zero Dollars ($ 0.00), and other valuable consideration, the receipt of which is acknowledged by GRANTOR. GRANTOR covenants to C/TYthat GRANTOR is lawfully seized in fee simple of the above-granted premises, free from all encumbrances and that GRANTOR and their heirs and personal representatives shall warrant and forever defend the said premises and every part thereof to CITY against the lawful claims and demands of all persons claiming by, through, or under GRANTOR. Public Utility Easements Permanent Page 1 of 4 19 DATED this 19 day of L4110—t-/ 202-1 Ivanov Investment Gr p - BY: -;7z Iril Ivanov, CORPORATE ACKNOWLEDGEMENT STATE OF OREGON, County of Clackamas. The foregoing instrument was acknowledged before me this /61/ day of 2QRj by Kiril Ivanov, as a Member of Ivanov In-vestment Group LLC corporation and the foregoing instrument was signed and sealed on behalf of said Corp Jt!tion by authority of its Board of Directors; and each of them acknowledged said instrument to be its voluntary act and deed. NOTARY PUBLIC FOR ORF N My Commission Expires: City of Woodburn 270 Montgomery Street Woodburn, OR 97071 OFFICIAL STAMP A44 SHANNON LYNN MARSHALL (Grantee's Name and Address) NOTARy PUBLIC-OREGON COMMISSION NO,976774 By Signature below, the City of Woodburn, Oregon, My COMMISSION EXPIRES JULY 96,2022 Approves and Accepts this Conveyance Pursuant to ORS 93.808, City Recorder: Heather Pierson Public Utilityy Easements Permanent Page 2 of 20 Exhibit A Beginning at a 5/8" Iron Rod at the Northeast corner of a tract of land recorded in Reel 4227, Page 256 Marion County Deed Records, located in the Northwest Quarter of Section 8, Township 5 South, Range 1 West, Willamette Meridian, City of Woodburn, Marion County, Oregon;thence along the West Right of Way Line of Progressive Way, 45.73 feet along a 683.09 foot radius curve to the left (the chord of which bears South 28°45'22" West 45.72 feet)to a 5/8" iron rod at the most Easterly Southeast corner of said tract of land;thence along the most Easterly South line of said tract, South 8938'50" West 5.62 feet;thence 45.62 feet along a 688.09 foot radius curve to the right (the chord of which bears North 28°31'27" East 45.62 feet) to the North line of said tract of land;thence along said North line, North 8938'57" East 5.83 feet to the point of beginning and containing 228 square feet more or less. C;►EI r rN 0 Tz Eq;-93E-, KED LAND SU'F?V :YAA 0R .. .. JI II''12,2004 fROBE�N")-II:). HAMMAN 64202LS lFiPS. ,��,�5'�% Sheet: 3 oF4 21 22 AFTER RECORDING RETURN TO: Woodburn City Recorder City of Woodburn 270 Montgomery Street Woodburn, OR 97071 CITY OF WOODBURN, OREGON PUBLIC UTILITY EASEMENTS Ivanov Investment Group LLC GRANTOR, grants to the CITY OF WOODBURN, OREGON, hereinafter called CITY, a permanent easement and right-of-way, including the permanent right to construct, reconstruct, operate, and maintain Water Mains and Appurtenances on the following described land: See attached Exhibit "A"Legal Description of Permanent Easement and attached Exhibit "B"Sketch for Legal Description of Permanent Easement which are by this reference incorporated herein GRANTOR reserves the right to use the surface of the land for any purpose that will not be inconsistent or interfere with the use of the easement by CITY. No building or utility shall be placed upon, under, or within the property subject to the foregoing easement during the term thereof, however, without the written permission of CITY. Upon completion of the construction, CITY shall restore the surface of the property to its original condition and shall indemnify and hold GRANTOR harmless against any and all loss, cost, or damage arising out of the exercise of the rights granted herein. The true consideration of this conveyance is Zero Dollars ($ 0.00), and other valuable consideration, the receipt of which is acknowledged by GRANTOR. GRANTOR covenants to CITY that GRANTOR is lawfully seized in fee simple of the above-granted premises, free from all encumbrances and that GRANTOR and their heirs and personal representatives shall warrant and forever defend the said premises and every part thereof to CITY against the lawful claims and demands of all persons claiming by, through, or under GRANTOR. Public Utility Easements Permanent Page 1 of 6 23 DATED this day of UMCCL/ 20 Ivanov Investment Gro p BY: a-nov, Member CORPORATE ACKNOWLEDGEMENT STATE OF OREGON, County of Clackamas. The foregoing instrument was acknowledged before me this )60 day of 2QRj by Kiril Ivanov, as a Member of Ivanov Investment Group LLC a6orporation and the foregoing instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and each of them acknowledged said instrument to be its voluntary act and deed. kAZ21�'7L?Z;{; LZ11 NOTARY PUBLIC FOR OREVGN 'le My Commission Expires: ZL City of Woodburn 270 Montgomery Street Woodburn, OR 97071 OFFICIAL STAMP SHANNON LYNN MARSHALL NOTARY PUBLIC-OREGON (Grantee's Name and Address) COMMISSION NO.976774 MY COMMISSION EXPIRES JULY 16,2022 By Signature below, the City of Woodburn, Oregon, Approves and Accepts this Conveyance Pursuant to ORS 93.808. City Recorder.- Heather Pierson Public Utility Easements Permanent Page 2 of 6 24 Exhibit A Commencing at a 5/8 inch iron rod at the Northeast corner of a tract of land recorded in Reel 4227, Page 256 Marion County Deed Records, located in the Northwest Quarter of Section 8, Township 5 South, Range 1 West, Willamette Meridian, City of Woodburn, Marion County, Oregon; thence along the West Right of Way line of Progress Way 5.29 feet along a 683.09 foot radius curve to the left (the chord of which bears South 30°27'07" West 5.29 feet) to the True Point of Beginning; thence North 60°06'39" West 8.39 feet;thence South 8938'34" West 347.97 feet; thence North 48°43'26" West 72.63 feet; thence South 8959'35" West 3.25 feet; thence North 44°51'54" West 10.41 feet; thence South 45°07'55" West 10.46 feet; thence South 89°59'35" West 92.66 feet;thence North 00°00'25" West 38.45 feet; thence South 8959'35" West 16.00 feet;thence South 00'00'25" East 38.45 feet; thence South 89°59'35" West 273.42 feet; thence South 41016'39" West 87.90 feet; thence North 48'4321" West 1.00 feet to the West line of said tract of land; thence along said West line South 41016'39" 10.00 feet; thence South 4843'21" East 1.00 feet; thence 4116'39" West 350.24 feet; thence South 00°00'00" East 21.91 feet to the South line of said tract of land; thence along said line South 88°34'28" East 16.00 feet; thence North 00'00'00" East 16.29 feet; thence North 41°16'39" East 434.87 feet;thence North 89'59'35" East 314.84 feet; thence South 00°00'25" East 10.53 feet; thence North 90`00'00" East 16.51 feet; thence North 00000'00" East 10.53 feet; thence North 89°59'35" East 55.47 feet; thence South 48°4326" East 72.69 feet; thence North 8938'34" East 349.73 feet; thence South 60'06'39" East 4.16 feet; thence 16.00 feet along a 638.09 foot radius curve to the right (the chord of which bears North 29x33'33" East 16.00 feet) to the Point of Beginning and containing 21,362 square feet more or less. REGISTERED ROa=ESE:ION Lr LAND SUriVEYOPZ JULY 13, 2004 1ROBERT D. HAMMAN 64202LS EXF'lRES: _ O o. Sheet 3 of 6 25 EXHIBIT B BY: MULTI/TECH ENGINEERING SERVICES, INC. 1155 13TH ST. S.E. SALEM, OREGON 97302 L=5.29' 503-363-9227 R=683.09' 1, D=000°26'37" �'OC� CH=S30°27'07"W, 5.29' POINT OF BEGINNING POINT OF COMMENCEMENT L=16.00' R=683.09' N60°06'39"W A=001'20'32" 8.39' I i CH=N29°33'33"E, 16.00' S60006'39"E 4.16' 16.00' I I NORTH I — Im I � Im 1" = 60' 05/10/2021 #6872 00m m ° 00 m m co m Iz 00 Ln I � V cv 5 J 111 wLU N I a ° REGISTERED PROFESSIONAL LAND SURVEYOR I I ti� 'Al� OREGON �o/ JULY 13, 2004 ° ��j` ROBERT D. HAMMAN 40 �. � 64202LS / EXPIRES: 6-30-2021 1 SEE SHEET 5 SHEET 4 OF 6 26 EXHIBIT B BY: MULTI/TECH ENGINEERING SERVICES, INC. 1155 13TH ST. S.E. SALEM, OREGON 97302 503-363-9227 SEE SHEET 4 T ` I I S89°59'35"W 3.2 5' N44051'54"W / 10.41' LL,I N00°00'00"E S45°07'55"W I10.53' 10.46' o I Ln rn �I zl Ln o all N90000'00"E 0', I I 00 I 16.51' N0000025"W I 38.45' � S00°00'25"E ,589°59'35 WPI — I 10.53' 16.00 L — S00°00'25"EI 16.00' 38.45' I� NORTH I I I I I1" = 60' C? 05/10/2021 M #6872 rn I Lu NI Im sl ILn 0 o I I00z Ln 0-1 I I I REGISTERED I PROFESSIONAL LAND SURVEYOR I REEL 4227, PAGE 256 MCD OREGON I JULY 13, 2004 �o ROBERT D. HAMMAN H) 64202LS W X6 C9 \ Ln EXPIRES: 6-30-2021 C9 '9 Lw �9' \ I Ln SHEET 5 OF 6 27 EXHIBIT B BY: MULTI/TECH ENGINEERING SERVICES, INC. 1155 13TH ST. S.E. SALEM, OREGON 97302 503-363-9227 _ SEE SHEET 5 I T REEL 4227, PAGE 256 MCDR I I I I I \ ;> 90, `,\ N48°43'21"W \ 1.00' \ \ \ S41016'39"W \ 10.00' \ S48043 VIE \ 1.00' \ E \ NORTH \\ 16.00' \\ N00°00'00"E \ 16.29' 1" = 60' \\ o 05/10/2021 \ #6872 co _ N REGISTERED m PROFESSIONAL S00°00'00"E 00 LAND SURVEYOR 21.91' N C OREGON J U LY 13, 2004 ROBERT D. HAMMAN 64202LS EXPIRES: 6-30-2021 SHEET 6 OF 6 28 f,�'IPr ,vera DBURN I&M May 24, 2021 TO: Honorable Mayor and Council through City Administrator FROM: Anthony Turley, Finance Director SUBJECT: FY 2020-2021 Supplemental Budget Request RECOMMENDATION: Hold a public hearing and adopt the attached resolution approving a supplemental budget for various funds for fiscal year 2020-2021 . SUPPLEMENTAL BUDGETS GENERALLY: Every year, after the budget is adopted by Council, circumstances arise that were either unforeseen or not quantifiable during the preparation or adoption, or errors are discovered. Oregon Budget Law, ORS 294 .471 (1 ) provides for changes to adopted budgets through a supplemental budget process that requires that the City provide public notice of the proposed changes and, if the change is greater than 10% of any fund's total expenditures, hold a public hearing to discuss the proposed changes and accept public testimony on the changes. Like the adopted budget, supplemental budget requests must be balanced; in other words, net revenue and net expense for the request must be equal. This can be accomplished by budgeting additional revenue, or by reducing another expenditure category (such as contingencies). Staff provided the required public notice via the Woodburn Independent and the hearing will be held prior to consideration of the resolution. DETAILS OF THIS REQUEST: 1 . General Fund (GF) 001 The City has been awarded a Planning Assistance Grant (HB2001 & H132003) in the amount of $50,000. The reimbursement grant will be received in FY 2021-22. Therefore a transfer of $50,000 from contingency to material & services in the planning department is needed. 2. Building Fund 123 Due to the high volume of building activity in the city, the Construction Excise Tax pass through to the school district has exceeded the budgeted appropriation. The impact has been on both the revenue side and Agenda Item Review: City Administrator_x_City Attorney_x Finance _x 29 Honorable Mayor and City Council May 24, 2021 Page 2 expenditure side, this supplemental budget will appropriate the expenditure for the balance of the year. 3. Urban Renewal Fund 720 The City received an Oregon Main Street Revitalization Grant for the historic city hall building. This is a pass through grant to the property owner. FINANCIAL IMPACT: Below is a summary of the supplemental budget authority. SUMMARY OF PROPOSED BUDGET CHANGES AMOUNTS SHOWN ARE REVISED TOTALS IN THOSE FUNDS BEING MODIFIED General Fund 001 Resource Original Change Revised Requirement Original Change Revised 1 1 Planning Material&Services 70,750 50,000 120,750 2 Contingency 3,938,440 (50,000) 3,888,440 Revised Total Fund Resources Revised Total Fund Requirements Comments:Planning Assistance Grant HB2001&HB2003 SUMMARY OF PROPOSED BUDGET CHANGES AMOUNTS SHOWN ARE REVISED TOTALS IN THOSE FUNDS BEING MODIFIED Building Fund 123 Resource Original Change Revised Requirement Original Change Revised 1 Revenue 1,898,890 700,000 2,598,890 1 Operating Expenses 1,898,890 700,000 2,598,890 2 2 Revised Total Fund Resources 2,598,890 Revised Total Fund Requirements 2,598,890 Comments: Increase in revenue&expense due to high building activity affecting associated taxes SUMMARY OF PROPOSED BUDGET CHANGES AMOUNTS SHOWN ARE REVISED TOTALS IN THOSE FUNDS BEING MODIFIED Urban Renewal Fund 720 Resource Original Change Revised Requirement Original Change Revised 1 Revenue 1,953,260 100,000 2,053,260 1 Operating Expenses 1,953,260 100,000 2,053,260 2 2 Revised Total Fund Resources 2,053,260 Revised Total Fund Requirements 2,053,260 Comments:State Grants allocated to Urban Renewal capital projects. 30 �'I'1 r I Iii♦ r} � l�� i ��/� BU Pri,e.�;:rri tr f AR'7R7 May 24, 2021 TO: Honorable Mayor and City Council through City Administrator FROM: Chris Kerr, Community Development Director Colin Cortes, AICP, CNU-A, Senior Planner SUBJECT: Ordinances Enabling Annexation and City Zoning Designation of Approximately 8.62 Acres of Territory at 2145 Molalla Road NE Located along the North Side of Oregon Highway 211 East of June Way (ANX 2019-01) Related to the Woodburn Eastside Apartments (CU 2019-04 & DR 2019-06) RECOMMENDATION: Staff recommends that the City Council adopt the attached ordinances and authorize the mayor to sign the final decision document. BACKGROUND: The Council on March 8, 2021 tentatively approved Annexation ANX 2020-01 and the Woodburn Eastside Apartments development. The Council also directed the applicant to pursue consent from the owner of the "Safeway property" (1520 N. Pacific Hwy; Tax Lot 051 W08DA00500) to construct a second driveway along Oregon Highway 211 on the Safeway property east of the Safeway Fuel Station (at the northeast corner of that property). The applicant returns to Council May 24 to report on the result. See Attachments 3 & 4. Attachments: 1 . Ordinance to annex A. Exhibit A: Legal Description B. Exhibit B: Map C. Exhibit C: Analyses & Findings 2. Ordinance to designate City zoning A. Exhibit A: Legal Description Agenda Item Review: City Administrator x_ City Attorney x_ Finance—x- 31 Honorable Mayor and City Council May 24, 2021 (ANX 2019-01 Woodburn Eastside Apts.) Page 2 B. Exhibit B: Map 3. Staff memo March 23, 2021 to Council with applicant letter of March 19, 2021 4. Applicant letter of April 6, 2021 5. Final decision document and its attachments 32 COUNCIL BILL NO. 3153 ORDINANCE NO. 2590 AN ORDINANCE ANNEXING APPROXIMATELY 8.62 ACRES OF TERRITORY AT 2145 MOLALLA RD NE INTO THE CITY OF WOODBURN, LOCATED ALONG THE NORTH SIDE OF OREGON HWY 211 EAST OF JUNE WAY, MARION COUNTY, OREGON WHEREAS, the subject property is owned by Ivanov Investment Group, LLC, of which the registered agent is Kiril Ivanov, and is legally described in Exhibit "A" and mapped in Exhibit "B", which are affixed hereto and by this reference incorporated herein; and WHEREAS, the subject property is composed of Marion County Tax Lot 051 W0913000900; and WHEREAS, consistent with Oregon Revised Statutes (ORS) 222.1 1 1 (2) the owner of real property in the territory to be annexed initiated by petition a proposal for annexation, a copy of the petition being on file with the City Recorder (ANX 2019-01 ); and WHEREAS, the applicant, Jeff Bolton, Senior Project Manager, Multi/Tech Engineering, obtained written consent from the owner of the territory and has requested annexation of the subject property; and WHEREAS, the property to be annexed is within the City Urban Growth Boundary (UGB); and WHEREAS, the property to be annexed is contiguous to the City and can be served with City services; and WHEREAS, the applicant intends to develop the territory into the Woodburn Eastside Apartments; and WHEREAS, on October 22, 2020 the Woodburn Planning Commission considered the annexation application and, after a duly advertised public hearing, recommended approval of the annexation; and WHEREAS, on both January 25 & March 8, 2021 , the Woodburn City Council held public hearings, reviewed the record, heard all public testimony presented on said application, and upon deliberation concluded that the proposed annexation meets the applicable approval criteria under City of Woodburn Development Ordinance (WDO) 5.04.01 C.; NOW, THEREFORE, Page - 1 - Council Bill No. 3153 Ordinance No. 2590 33 THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That the subject property, legally described in Exhibit "A" and mapped in Exhibit "B", is annexed to the City of Woodburn. Section 2. That the City Council adopts the Analysis & Findings, affixed hereto as Exhibit "C" and by this reference incorporated herein. Approved as to form: City Attorney Date Approved: Eric Swenson, Mayor Passed by the Council Submitted to the Mayor 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. 3153 Ordinance No. 2590 34 Exhibit "A" Commencing at a 11/4" Iron Pipe located at the Northeast corner of Lot 12, Woodburn Fruit Farms as recorded in Volume 2, Page 20, Book of Town Plats in Section 9,Township 5 South, Range 1 West, Willamette Meridian, Marion County, Oregon;thence North 88026'13" West 3476.87 feet to the Northwest corner of Lot 5 of said plat and the True Point of Beginning; thence North 88*14'55" West 434.93 feet to the Northeast corner of Lot 3, of said plat, thence along the east line of said lot South 01038'28" West 695.84 feet; thence South 88*04'13" East 151.24 feet; thence South 0155'20" West 267.42 feet to the North Right of Way line of Molalla Road;thence South 28*17'54" West 102.47 feet to the South Right of Way line of Molalla Road (Woodburn-Estacada Highway Northeast) Oregon Highway 211; thence along said Right of Way line the following 2 calls, South 85*55'26" East 239.94 feet; South 87034'21" East 92.24 feet; thence North 01*35'20" East 1066.22 feet to the True Point of Beginning and containing 9.41 acres more or less. 35 EXHIBIT B POINT OF BEGINNING INITIAL POINT - N88°14'55"W 434.93' N88°26'13'W 3476.87' LOT 12 LOT 13 c vi rn N N Eti N 00O 0 LOT 4 0 WOODBURN LOT U-i WOODBURN V F2 1 200' PIT2FO BOTP ARM o 10/22/2019 FRUIT FARM p rn #6855 V. 2, P. 20 BOTP o LOT 5 x88"04"13"'E z WOODBURN 151.24' FRUIT FARM V. 2, P. 20 BOTP Ln r4 rQ ,- ...a __ °•��"+'V, UVCDBLIMRNOLAyELI'A ROAD J~ 585 55 26 E S1AGADA _.Y.-a ) 239.94' S87o34'21 E OREGON HIGHWAY 211 92.24' 36 Attachment 102 Analyses & Findings This attachment to the staff report analyzes the application materials and finds through statements how the application materials relate to and meet applicable provisions such as criteria, requirements, and standards. They confirm that a given standard is met or if not met, they call attention to it, suggest a remedy, and have a corresponding recommended condition of approval. Symbols aid locating and understanding categories of findings: Symbol Category Indication Requirement (or guideline) met No action needed Requirement (or guideline) not met Correction needed Requirement (or guideline) not applicable No action needed • Requirement (or guideline) met, but might become unmet because of condition applied to meet separate and related requirement that is Revision needed for not met clear and consistent • Plan sheets and/or narrative inconsistent records • Other special circumstance benefitting from attention Variance Request to vary from requirement Section references are to the ��,,��,�rn Develo�„��r„�,�,�„�,��: u��arice Table of Contents Location.........................................................................................................................................................2 LandUse &Zoning........................................................................................................................................2 StatutoryDates.............................................................................................................................................3 DesignReview Provisions..............................................................................................................................4 Conditional Use Provisions .........................................................................................................................45 VarianceProvisions.....................................................................................................................................55 AnnexationProvisions ................................................................................................................................57 Recommended Conditions of Approval......................................................................................................62 ApplicantIdentity........................................................................................................................................79 Notesto the Applicant................................................................................................................................79 ANX 2019-01 Staff Report Attachment 102 Page 1 of 82 37 Location Address(es) 2145 Molalla Rd NE (OR Hwy 211) Tax Lot(s) 051W09B 000900 Nearest Molalla &Cooley Rds intersection Land Use & Zoning Comprehensive Plan Land Use Designation Commercial Zoning District Commercial General (CG), upon annexation Overlay District(s) None Existing Use(s) Vacant following demolition of rural dwelling For context, the comprehensive plan land use map designations and zoning are illustrated below with excerpts from the City geographic information system (GIS) and the zoning is tabulated further below: ,e�r URRAV„iR()�47'A 13()l,l1 t)ARY c�. I.. I I Rf3h'J(1„()YJ Lt 1 Q'UN DARY ..o. _ mm. I 1 � r tinry T $F Comprehensive Plan land use map excerpt Zoning map excerpt ANX 2019-01 Staff Report Attachment 102 Page 2 of 82 38 Cardinal Direction Adjacent Zoning North No City zoning because not annexed and outside the City urban growth boundary(UGB); Maclaren youth state prison East No City zoning because not yet annexed; rural development South No City zoning because not yet annexed;would be RS; a rural duplex and a rural house West Northerly: CG; undeveloped Southerly: No City zoning because not yet annexed; would be CG; rural house and outbuilding Statutory Dates Application October 1, 2020 Completeness 120-Day Final January 29, 2020 per Oregon Revised Statutes (ORS)?? .Z.178. (The nearest Decision Deadline and prior regularly scheduled City Council date is January 11, 2020.)* *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). ANX 2019-01 Staff Report Attachment 102 Page 3 of 82 39 -- ------------ Design Review Provisions The project name is Woodburn Eastside Apartments. 4.01.07 Consolidated Applications An applicant may request,in writing,to consolidate applications needed for a single development project. Under a consolidated review,all applications shall be processed following the procedures applicable for the highest type decision requested. It is the express policy of the City that development review not be segmented into discrete parts in a manner that precludes a comprehensive review of the entire development and its cumulative impacts. 5.03.02 Design Review, Type III A. Purpose:The purpose of Type III design review is to ensure that new buildings or additions to existing buildings comply with Land Use and Development Guidelines and Standards of this Ordinance (Sections 2 and 3). B.Type III Design Review is required for the following: 1. Non-residential structures in residential zones greater than 1,000 square feet in the RS, RIS, RM,and P/SP zones. 2. Multi-family dwellings not meeting all architectural design guidelines and standards. 3. Structures greater than 2,000 square feet in the CO,CG, MUV, DDC,and NNC zones. 4. Structures greater than 3,000 square feet in the IP, IL,and SWIR zones. 5. For sites with existing buildings in the CO, CG, MUV, DDC, NNC, IP, IL, and SWIR zones; expansions or new buildings that increase lot coverage by more 25%. 6. Change of use that results in a greater than 25%increase in required parking. Because the proposal is for buildings totaling greater than 2,000 square feet (sq ft) in the CG zoning district, per subsection 3. it requires a Type III Design Review. Additionally, the applicant submitted the Type IV application type of Annexation, which per 4.01.07 cited above elevates the consolidated applications package to the highest level required among the individual application types. The applicant submitted site plans on June 7, 2019 and revised site plans through September 23, 2020 (within Attachment 103). (Staff hosted a pre-application meeting on May 1, 2019.) The requirement is met. 2.03 Commercial Zones ANX 2019-01 Staff Report Attachment 102 Page 4 of 82 40 A.The City of Woodburn is divided into the following commercial zones: 2.The Commercial General (CG) zone is the community's primary commercial area, providing for businesses requiring extensive land intensive outdoor storage and display of merchandise, equipment,or inventory. B.Approval Types(Table 2.03A) 1.Accessory Uses(A) are allowed outright,subject to the general standards of this Ordinance. 2. Conditional Uses(CU) may be allowed,subject to the general development standards of this Ordinance and conditions of Conditional Use approval. 3. Permitted Uses(P)are allowed outright,subject to the general development standards of this Ordinance. Uses Allowed in Commercial Zones Table 2.03A Use Zone Accessory Uses(A) Conditional Uses(CU) Permitted Uses CG (P) Special Permitted Uses(S) Specific Conditional Uses (SCU) E Residential 4 Multiple-family dwellings CU9 9Except allowed as a permitted use in the Gateway Overlay District and prohibited in the Interchange Management Area Overlay District(Amended by Ordinance 2573, passed June 24,2019) The proposed use matches E.4, which is a conditional use. (The subject property is not in either overlay district.) The requirement is met. ANX 2019-01 Staff Report Attachment 102 Page 5 of 82 41 Commercial General (CG) - Site Development Standards Table 2.03C Lot Area, Minimum(square feet) No minimum Lot Width, Minimum (feet) No minimum Lot Depth, Minimum(feet) No minimum Street Frontage, Minimum (feet) No minimum Front Setback and Setback Abutting a Street, Minimum (feet) 51 Abutting RS, RIS,or RM zone 104 Side or Rear Setback, Minimum(feet) Abutting CO,CG, DDC, NNC, P/SP, IP,SWIR,or IL zone 0 or 54,5 Setback to a Private Access Easement, Minimum(feet) 5 Lot Coverage, Maximum Not specified 2 Row house 12 Child care facility,group home, or nursing 12 Minimum home Multi-family Stand-alone 12 Residential Density dwelling In mixed use development No minimum (units per net acre) Row house 24 Child care facility,group home, or nursing 32 Maximum home Multi-family Stand-alone 32 dwelling In mixed use development 32 Primary or Outside Gateway subarea 70 Building Height, accessory Western Gateway subarea 50 Maximum (feet) structure Eastern Gateway subarea 40 Features not used for habitation 100 1. Measured from the Special Setback(Section 3.03.02),if any 2. Lot coverage is limited by setbacks,off-street parking,and landscaping requirements. 3. Only allowed in the Gateway Overlay District 4. A house of worship shall be set back at least 20 feet from a property line abutting a residential zone or use. 5. A building may be constructed at the property line,or shall be set back at least five feet. Lot Dimensions The CG zoning district has no minimum lot size, width, depth, or street frontage or maximum lot coverage. ANX 2019-01 Staff Report Attachment 102 Page 6 of 82 42 Setbacks Determining setbacks requires first determining what lot lines are front, sides, and rear as 1.02 defines because these influence the applying of setback minimums: 1.02 Definitions Lot Line: The property lines forming the exterior boundaries of a lot. • Front Lot Line: 1. In the case of an interior lot, a line separating the lot from the street. 2. In the case of a corner lot,a line separating the lot from the street from the architectural front of the existing or contemplated primary building. 3. In the case of a flag lot,the lot line which is most nearly parallel to the street that provides access to the interior lot. • Rear Lot Line: 1. In the case of an irregular,triangular, diamond,or trapezoidal shaped lot which is narrowest at the rear and has a distance between the side lot lines at the rear of less than ten feet,the rear line for setback purposes shall be an assumed line within the lot ten feet in length, parallel to,and at the maximum distance from, the front lot line; or 2. In any other case,the lot line opposite and most distant from the front lot line. • Side Lot Line: Any lot line,which is not a front or rear lot line. Based on the definition of front and rear lot lines, south is front, north is rear, and east and west are sides. The building closest to a property line is the common building (leasing office) at 15 ft from front, that is, the right-of-way (ROW). Because the application materials include cross access easements, the 5-foot setback is applicable. Because all are along the centerlines of drive aisles wider than the easements and with most driveways lined curbing and most with parking stalls, buildings are set back more than 5 ft. Density Both the Comprehensive Plan and WDO 1.02 define density. Because they conflict, per state law the Comprehensive Plan definition supersedes. It is found as a footnote to Policy Table 1 (p. 7): "The net buildable area of a parcel excludes land dedicated for public rights-of-way or stormwater easements, common open space, and unbuildable natural areas. For example, if a parcel has 10 acres, and 2 acres are removed for streets and 2 acres are within the floodplain/ riparian area, then 6 net buildable acres would remain.The range of allowable densities is calculated based on net buildable acres. An acre has 43,560 square feet. Allowable densities may be increased through the discretionary planned unit development review process." The proposal falls under the residential building type/ use of"multi-family dwelling" per 1.02 under "Dwellings ... Multiple-Family Dwelling": ANX 2019-01 Staff Report Attachment 102 Page 7 of 82 43 "A building on a single lot containing three or more dwelling units. Note:This definition does not include row houses, where attached single-family dwelling units are located on separate lots." The project is also stand-alone, meaning a conventional apartment complex that includes no other primary uses such as commercial retail and is more suburban in nature than urban. Therefore, the applicable minimum and maximum densities are 12.0 and 32.0. Looking to the proposal itself, the proposal involves no environmental constraints such as a creek, wetlands, or remnant old forest, a stormwater easement, or common open space of the kind understood in the context of a planned unit development (PUD) managed by an association that charges maintenance dues, with open space often being in its own platted tract or tracts. (Staff considers apartment complexes as having open space, but that remains a subarea of a platted lot under the direct control of a landlord and property manager, and so open space is not common open space.) Therefore, obtaining net acreage is as simple as subtracting ROW dedication —and none is proposed or required (as staff later examines for 3.01). The resulting density is: Acreage Dwelling units (DUs) DUs per acre 8.62 220 25.5 The proposed density is 79.8% into the range between 12.0 and 32.0, meeting the density provisions. Height The sheets illustrating building elevations note that the 19 apartment buildings are at the height limit as measured per 1.02 "Building Height" and Figure 1.02A, meeting the provision. The site development provisions are met. 2.05 Overlay Districts P None would apply upon annexation. 2.06 Accessory Structures 2.06.02 Fences and Walls C. Height in Non-Residential Zones 1. In commercial,industrial,or public zones,the maximum height of a fence or wall located in a yard abutting a street shall be 6 feet, relative to the ground elevation under the fence or wall. Fence height may increase to 9 feet once flush with the building face,or 20 feet from ANX 2019-01 Staff Report Attachment 102 Page 8 of 82 44 street right-of-way. 2. Fences and walls may be constructed in the special setback provided the property owner agrees to removal at such time as street improvements are made. D. Fence Materials 1. Fences and walls shall be constructed of any materials commonly used in the construction of fences and walls,such as wood, stone, rock,or brick,or other durable materials. 2. Chain link fences are acceptable as long as the fence is coated and includes slats made of vinyl,wood or other durable material.Slats may not be required when visibility into features such as open space, natural areas, parks and similar areas is needed to assure visual security, or into on-site areas in industrial zones that require visual surveillance. 3. For manufacturing,assembly,fabricating, processing, packing,storage and wholesale and distribution activities which are the principle use of a building in industrial districts,the preceding standards apply when visible from,and within 20 feet of,a public street. 2.06.03 Structures A. Accessory structures attached to a primary building shall be considered as a portion of the primary building and subject to the same requirements as the primary building. B. The minimum separation between detached accessory structures and the primary building shall be six feet. The site plans propose fencing (and free-standing walls for the recycling and trash enclosure). Because the subject property is to be commercially instead of residentially zoned, the stair- stepped maximum heights of fencing and walls are not applicable. The enclosure is at least 6 ft from a building. Fencing can and will meet standards through a fence permit per 5.01.03. The provisions are met. 2.07 Special Uses 0 None apply. (Note: Staff interprets 2.07.04 Community Club Buildings and Facilities to not apply because a "community club building" [clubhouse] requires its own parking only for stand-alone clubhouses or in the context of residential subdivisions including those that are part of planned unit developments [PUDs], and that apartment complex so-called clubhouses are not subject to the special use.) ANX 2019-01 Staff Report Attachment 102 Page 9 of 82 45 3.01 Streets 3.01.02 General Provisions A. No development shall be approved, or access permit issued, unless the internal streets, boundary streets and connecting streets are constructed to at least the minimum standards set forth in this Section, or are required to be so constructed as a condition of approval. D.The standards of this Section may be modified,subject to approval of an Exception to Street Right- of-Way and Improvement Requirements. 3.01.048.All public streets under the jurisdiction of the City of Woodburn shall comply with the cross- sections depicted in this Section. 3.01.04C. For local residential streets which are not identified in the Comprehensive Plan, rights-of- way and improvements are determined by the Director at the time of development, based upon the existing and future estimated average daily trips of the development and surrounding development. Connecting Street Boundary Street Boundary Street Connecting Street ' zsofeet Internal Street „ „ or less MorethanStreet 260 feet Property being �g ° \ developed Figure 3.01A — Internal,Boundary,and Connecting Streets The subject property has one frontage: Oregon Highway 211 (OR 211) also named Molalla Road. Note: On September 23, 2019, the City Council adopted the 2019 major update of the 2005 TSP via Legislative Amendment LA 2018-01 as Ordinance No. 2575. Because the proposed site development depends on the master/parent application for annexation, staff applies adopted plans and the WDO as they would apply upon an annexation ordinance taking effect—including the TSP 2019 major update. ANX 2019-01 Staff Report Attachment 102 Page 10 of 82 46 Per Transportation System Plan (TSP) , ,ug,,„; ",,,,, ,,,,, „ , ,;i„;;,u. „;i, „,,,,,, , ,a, , ✓;a... gr, ....;...„�,;,a,;ti.o,n',(Attachment 104), OR 211 is a Major Arterial, which is a rise from the 2005 TSP Figure 7-1 per which it was a Minor Arterial. For a Major Arterial, WDO Figure 3.01B applies: ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... PUBLICPUBLIC UTI L �� r /1UTILITY EASEMENT EASEMENT . ...... ..... 14' 10,1 6' 15, 6' 12' 12' CENTER 12' 12' 6' 6" 6' 1'10' SIDE LAND BIKE TRAVEL TRAVEL LEFT TURN TRAVEL TRAVEL. BIKE ', LAND SIDE WALK: SCAPE LANE LANE LANE LANE LANE LANE LANE SCAPE WALK 74, RQVY_=1 0 Figure 3.016 — Major Arterial Frontage/public/street improvements are required to upgrade the frontages to present standards. ROW Because the planned ROW is 100 ft (50 ft "half-street", each side of centerline), and the existing ROW varies from about 103 ft at the east to about 95 ft at the west (53 ft from centerline at the east and about 45 ft at the east), variable width dedication is required. Improvements OR 211 is a rural road with the frontage having shoulder, stormwater ditch, and no curb, planter strip with street trees, or sidewalk. Per the conditional use and primarily for aesthetics and to encourage walking and accommodate the majority of local cyclists who staff observes ride on sidewalk because they feel safer that way, staff conditions a planter strip and sidewalk slightly wider than usual and more street trees than usual. Otherwise, the required improvements are the standard ones per Figure 3.01B including a second westbound travel lane and a bicycle lane. Long-range Planning TSP Figure 6 "Local Street Connectivity Plan" shows street connections into the northeast area of the urban growth boundary (UGB) that includes the subject property: ANX 2019-01 Staff Report Attachment 102 Page 11 of 82 47 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... WoODBURN Jr, d11— u �G t P ' ii 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 three blue arrows, one each from Cooley Road, June Way, and U.S. 99E. For this and additional reasons examined under conditional use criteria, staff conditions a wide public utility easement (PUE) serving as a street reservation for what staff terms Street Corridor "C" (termed for the blue arrow from Cooley Road) for something like either a minor arterial or major collector. The developer's proposal already includes such PUE and places it along the north property boundary, influencing the alignment of a future street extending from Cooley to either or both U.S. 99E and June Way. . Staff applies conditions relating to ROW, sidewalk, planter strip, street trees, and Street Corridor "C"so that the provisions may be met. 3.02 Utilities & Easements 3.02.01 A.The Director shall require dedication of specific easements for the construction and maintenance of municipal water,sewerage and storm drainage facilities located on private property. B. A five-foot wide public utility easement shall be dedicated along each lot line abutting a public street. C.As a condition of approval for development, including property line adjustments, partitions, subdivisions, design reviews,or Planned Unit Developments(PUDs),the Director may require dedication of public utility easements. ANX 2019-01 Staff Report Attachment 102 Page 12 of 82 48 No roadside public utility easement (PUE) exists, and Figure 3.01B requires a 10-ft one. Additionally, Public Works requires various on-site PUEs for on-site improvements such as fire suppression water lines and fire hydrants, and separate conditions establish a PUE as the tool that begins to implement Street Corridor"C". Staff applies a D condition for the required roadside PUE and other conditions for other PUEs. 3.02.03 Street Lighting A. Public Streets The appended Public Works comments (October 13, 2020; Attachment 102A) from the City Engineer identify street lighting as an issue, stating under comment 8, "8. Provide street lighting plan and design for review to the City and ODOT." In order to secure conformance to Public Works comments, staff applies Condition G-PW. 3.02.04 Underground Utilities. All permanent utility service to and within a development shall be underground,except where overhead high-voltage(35,000 volts or more) electric facilities exist. P Because within adjacent ROWs there are no existing electric power line poles to remove (except a wood pole with a lateral line from across OR 211 to serve a demolished house that the developer will remove anyway as part of frontage improvements), the provisions are not applicable. 3.03 Setbacks and Open Space 3.03.02 Special Setbacks P Because as examined earlier above for 3.01, there will be ROW dedication, the Special Setback—which is a setback to accommodate future street widening—is not applicable. 3.03.03 Projections into the Setback Abutting a Street A. Chimneys,flues, bay windows,steps,eaves,gutters,sills, pilasters, lintels, cornices, planter boxes and other ornamental features may not project more than 24 inches into the setback abutting a street. B. Covered, unenclosed porches,extending not more than 10 feet beyond the front walls of the building,shall maintain at least a 10 foot setback from the property line or Special Setback. C. A balcony,outside stairway or other unenclosed, unroofed projection may not project more than 10 feet into a front setback. D. Arbors,archways, pergolas and trellises shall be exempt from the setback abutting a street. ANX 2019-01 Staff Report Attachment 102 Page 13 of 82 49 3.03.04 Projections into the Side Setback A. Chimneys,flues, bay windows,steps, eaves,gutters,sills, pilasters, lintels, cornices, planter boxes and other ornamental features may not project more than 18 inches into a side setback. 3.03.05 Projections into the Rear Setback A. Chimneys,flues, bay windows,steps, eaves,gutters,sills, pilasters, lintels,cornices,planter boxes and other ornamental features may project not more than 24 inches into the rear setback. B. A balcony,outside stairway or other unenclosed, unroofed projection may not project more than 10 feet into a rear setback. In no case shall such a projection come closer than 6 feet from any lot line or Special Setback. E. No permitted projection into a rear setback shall extend within ten feet of the centerline of an alley,or of a rear lot line if no alley exists, or within six feet of an accessory structure. F. Accessory structures are not considered projections into a rear setback, but have separate setback requirements listed in this Ordinance(Section 2.06). The site plans illustrate no such projections. The provisions are met. 3.03.06 Vision Clearance Area; Figures 3.03A& B The proposal includes the required vision clearance areas (VCAs) at driveways. The provisions are met. 3.04 Vehicular Access 3.04.02 Drive-Throughs P Because the proposal involves no drive-through, the provisions are not applicable. 3.04.03 Driveway Guidelines and Standards A. Number of Driveways 1. For residential uses,the maximum number of driveways per lot frontage shall be one. For purposes of controlling driveway access,every 100 feet of frontage is considered a separate lot frontage. 2. A minimum of two driveways shall be provided in developments with: ... b. 100 dwelling units in multiple-family dwellings(200 if all dwelling units are equipped with automatic fire sprinklers); ... . ANX 2019-01 Staff Report Attachment 102 Page 14 of 82 50 B. Joint Access 1. Lots that access a Major Arterial, Minor Arterial, or Service Collector should be accessed via a shared driveway. 2. A partition,subdivision, or PUD should be configured so that lots abutting a Major Arterial, Minor Arterial,or Service Collector have access to a local street. Access to lots with multiple street frontages should be from the street with the lowest functional classification. 3. Every joint driveway or access between separate lots shall be established by an access easement and maintenance agreement to the satisfaction of the Director and revocable only with the concurrence of the Director. Access Management Staff exercises the discretion per subsection B.1, to administer conventional access management. Restricting driveways along OR 211, an arterial class road, and maintaining looped circulation for fire truck and other vehicle access results in the driveway numbers and placements as proposed and a D condition memorializes. Additionally, Comprehensive Plan Policy H-2.5 calls for inter-parcel circulation through crossover easements in this context. Also, the TSP has access management policies in its AM table. Lastly, the Highway 99E Corridor Plan (2012) emphasizes and describes access management for the corridor, which does include properties not directly on U.S. 99E including along both OR 214 and OR 211, which include the subject property. Joint Driveway/Public Access Easement The applicant provided a draft public access easement(s) to the benefit of most adjacent tax lots and to share at least the main driveway if not both driveways. (There are no draft maintenance agreements proposed because the Director has not invoked this provision, and surrounding context is undeveloped, with a rural residence, and the rural yard of a landscaping contractor.) . In order to secure actual and correct dedication of a public cross access easement or easements that conform to 3.04.03B.3, and to limit driveways to two, staff applies D conditions. ANX 2019-01 Staff Report Attachment 102 Page 15 of 82 51 Access Requirements Table 3.04A 5 or More Dwelling or Living Units, School, or House of Worship' 12 minimum 1-way 20 maximum Paved Width of Driveway(feet) 24 minimum 3,4 2-way 30 maximum (Add 8' if a turn lane is provided) Curb Flare Radius(feet) 25 minimum Major Arterial, Minor Arterial, 50 minimum Throat Service Collector Length (feet) s Access or Local 20 minimum Street Corner Access or Local 30 minimum Clearance Street (feet) Service Collector 50 minimum Guidelines 1 (See Figure Minor Arterial 245 minimum 3.046) Major Arterial 300 minimum Driveway on the 50 minimum Driveway same parcel Separation Access or Local Guidelines Street none (feet) 1,z Service Collector 50 minimum (See Figure 3.046) Minor Arterial 245 minimum Major arterial 300 minimum Access to a Major Turnarounds or Minor Arterial Required (See Figure (See F Access to any Requirements per the other street Woodburn Fire District The site plans show the driveways that meet the minimum standards or exceed them where necessary to meet Oregon Fire Code (OFC) Appendix D. The minimum standards are otherwise met. ANX 2019-01 Staff Report Attachment 102 Page 16 of 82 52 3.04.03A. Unused driveways shall be closed. Frontage improvements will eliminate the remnant driveway of the demolished rural residence. 3.04.03C. Interconnected Parking Facilities. C' Because the proposal is a single, integrated site development for one primary use— multiple- family dwelling—and not like a commercial strip mall, the provision is not applicable. 3.04.04 Improvement Standards The site plans illustrate pavement that conforms. The requirement is met. 3.04.05 Traffic Impact Analysis A.A Traffic Impact Analysis(TIA) may be required by the Director prior to the approval of a City access permit when the Director estimates a development proposal may generate either 100 or more additional, peak hour trips,or 1,000 or more additional daily trips,within ten years of a development application. The applicant's traffic impact analysis (TIA; submitted February 19, 2020; p. 5) states under Key Findings that: "The proposed development would generate 78 (20 in, 58 out) AM peak hour trips and 99 (61 in, 38 out) PM peak hour vehicle trips. ...All study intersections are expected to operate within mobility standards with the addition of the proposed site, with the exception of N Pacific Hwy(99E)/ Molalla Road (OR 211).This location exceeds the target mobility standard during the PM Peak hour under the existing, background, and total (with project) analysis scenarios." The TIA, limiting its conventional analysis to vehicle traffic only, assumed citywide growth in background vehicle traffic through 2021, specifically 1.4%yearly (p. 12). The TIA studied three intersections: ANX 2019-01 Staff Report Attachment 102 Page 17 of 82 53 ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 0, , �j 35% 4f WOODBURN 7% ESTACADA n Y, NO, 1('71 r! . AVE. 49,1u 5 3 Crr KWICAMU 2S% TIA intersection locations map adapted from TIA p. 24 Figure 8 Trip Distribution 1. U.S. 99E& Oregon Highways 211 (Mollala Road) & 214 (Mt. Hood Avenue) Traffic Volume This is the one intersection that the traffic modeling predicted to exceed further a vehicle volume over capacity (v/c) maximum ratio established by ODOT. (A v/c of 1.00 means 100% of capacity used.) The ODOT objective is 0.90 v/c, the intersection is trafficked more during the PM peak hour w/0.97 v/c (as opposed to the AM peak hour 0.80 v/c), and the site development would raise traffic to 1.00 v/c. Crashes The intersection is already signalized. (It has red light cameras the City altered earlier in 2020 to serve also as speed cameras.) The intersection also already suffers from a higher than usual crash rate with 77 crashes on record in the five years 2014-2018 (TIA addendum, p. 3). This averages to a crash every 24 days. Among the 77, ODOT rated 3 as "A" meaning severe injury, 42 as either "B" or "C", and 32 as no injury and with property damage only (PDO). Note that because some crashes had two or more of these attributes, the categories don't total 77. ANX 2019-01 Staff Report Attachment 102 Page 18 of 82 54 Three crashes involved pedestrians, all described by ODOT as driver failure to yield right- of-way. Transportation Planning Looking to the Woodburn Transportation System Plan (TSP; 2019), Table 2, Project R14 (p. 32) contains the description: "Install a second left-turn lane on the southbound approach, install a second receiving lane on the east leg, and update signal timing in coordination with ODOT." The project is ranked medium priority and estimated at $900,000. Agency commentary: ODOT Agency commentary came only from the Oregon Department of Transportation (ODOT; April 6, 2020, pp. 1-2), which suggested as a traffic mitigation improvement widening OR 211 to add a right turn lane for those going west and then turning north onto U.S. 99E. This capital improvement project is not in the City Transportation System Plan (TSP). At the same time, ODOT made no mention of an east leg receiving lane that TSP R14 mentions. Staff interprets this as ODOT indicating that an improvement to alleviate the over-capacity issue as well as the elevated crash rate is necessary, which could be either the TSP Project R14 improvement or the westbound right-turn-lane improvement that ODOT recently recommended (April 6, 2020). Together, the developer, ODOT, and the City could scope the signal timing study referenced for TSP Project R14 to determine the most appropriate mitigation measure for this intersection. To estimate the proposal's proportionate share contribution toward the eventual mitigation measure, staff references TIA Figures 9 & 11 that show that the site development generates trips that turn right, more so during the AM peak hour than the PM. During the AM, the modeled existing conditions include 95 trips turning right (before site development), and the site development generating 15 additional trips for 110 right-turns total during the morning rush hour, a 15.8% increase. r 170 Excerpt TIA Figure 9, Box 1 "99E/Molalla Rd" Excerpt TIA Figure 11, Box 1 "99E/Molalla Rd" Note: The arrow symbols subtly reflect how there is no right-turn lane from west to north, meaning all vehicles queue together in one through lane to go straight west or turn right north. This means that a better comparison is to combine through and right- turn trips. During the AM, the modeled existing conditions include 95 trips turning right ANX 2019-01 Staff Report Attachment 102 Page 19 of 82 55 and 240 straight, totaling 335 (before site development), and the site development generating 15 right and 19 straight additional trips, totaling 34 trips, for 369 total right turn and straight trips during the morning rush hour, 335 + 34 equaling a 10.1% increase. Staff applies this 10.1% as what is termed any of fair share, proportionate share, or proportionate fair share and applies a transportation automotive (T-A) condition regarding right turn trips that allows for construction, or if constraints prove too much, what is termed a mitigation fee or fee in-lieu. Because none of ODOT or the developer have (yet) offered a capital improvement cost estimate for a right-turn lane, staff looked at the pricing of projects in the TSP roadway projects table. A back-of-the- envelope verbal estimate by the Public Works Project & Engineering Director on October 14, 2020 was of$1 million. Staff decided to draft a condition that refers to the 10.1%with the absolute number to which it would apply to be determined by date specific. (Staff anticipates that developer testimony to the Planning Commission and subsequent interaction by the developer with staff will give greater definition to the issue prior to a City Council public hearing.) As noted above, staff pursues funds for a part of TSP Project R14: studying and updating signal timing. Signal timing affects what vehicles can move where when, in other words, allocates right-of-way. Adjusting it might improve traffic, and only a study would confirm either way. Staff recommends expanding the scope of the signal study to determine the appropriate operational and safety mitigation measure for this intersection. To arrive at a reasonable share of the cost of such a study, the Public Works Project & Engineering Director as late as May 2020 had indicated for DR 2019-05 Allison Way Apartments, which the City conditioned to fund a signal timing study at Oregon Highway 214 & Evergreen Road, that $15,000 would be approximately sufficient for such study. Staff applies the same fee to the similar context for ANX 2019-01 & DR 2019-06 Woodburn Eastside Apartments as a transportation (T) condition specifies. Looking to transportation demand management (TDM), which the consultant's draft report advocated and noted was lacking in the TIA, staff applies conditions to manifest what the term gets at: More access to transit, along with increased walking and cycling, to reduce driving. Staff perceives the situation that the nearby grocery store, Safeway, which is one of only two in Woodburn and part of the large commercial blob at U.S. 99E and OR 211/214 that includes many commercial goods and services including a Starbucks, can attract people to walk and cycle, at least in place of driving on more occasions, if they can see and feel a safe route for themselves and their loved ones. A reasonable walking path from the southwest corner of the subject property to the north entrance of Safeway is almost 1,600 feet, less than 1/3 mile. The City bus stop second- nearest the site, which is also nearest Safeway and is on U.S. 99E northbound next to ANX 2019-01 Staff Report Attachment 102 Page 20 of 82 56 1400 N. Pacific Highway, is the most used stop in the entire Woodburn Transportation System (WTS) — but it lacks shelter and bicycle parking, which are priorities per the TSP and the Transit Plan Update (2010). (The bus stop that is nearest the site is on OR 214 westbound at Pacific Plaza strip mall, but is already sheltered. It does lack bicycle parking.) So, TDM means for the proposed site development primarily sidewalk and any of bicycle lanes and off-street bicycle paths, that is, improvements above and beyond frontage improvements—the developer's "half-street" improvements along the subject property. Staff believes also that conditioning funds to improve transit— both regional commuter bus routes to and from the Portland and Salem metro areas and the City local bus system —could also attract residents to ride the bus, at least in place of driving on more occasions, if regional bus service came into being and local bus service ran earlier and later in the day, was faster, and more frequent. For transit purposes, staff references the TSP Transit Plan section and its table of projects. The applicant should contribute a proportional share of the costs for start-up of relevant TSP transit projects as noted below. For these reasons, staff applies various bicycle/pedestrian (T-BIP) and transit (T-T) conditions. 2. Oregon Highway 211 at June Way Because there are no significant effects, and with two crashes on record in the five years 2014-2018 (TIA addendum, p. 3), no mitigation is warranted. 3. Oregon Highway 211 at Cooley Road Because there are no significant effects, and with no crashes on record in the five years 2014-2018 (TIA addendum, p. 3), no mitigation is warranted. The City contracted with a transportation consultant (from a company other than the one that prepared the applicant's TIA) to review the TIA, rebut or affirm its conclusions, and advise staff. The consultant's draft report (May 18, 2020) confirmed that the neither the TIA nor the application materials identified or proposed to construct or fund any traffic mitigation improvements, and it suggested revision of the TIA to include a safety analysis, Le, an analysis of vehicle crashes. Upon staff request, the applicant submitted an addendum to the TIA on October 7, 2020 with a safety analysis, the source of the earlier staff citations of crash data. ANX 2019-01 Staff Report Attachment 102 Page 21 of 82 57 The TIA, consultant's draft report, and ODOT agency commentary as well as on-the-ground context informed transportation conditions. Assumptions Regarding Trip Distribution Per TIA Figure 8 reproduced above and excerpted below, 85% of trips are to and from U.S. 99E & OR 214, the vast majority likely heading to and from the Portland and Salem metro areas because OR 214 continue west to the only interchange with I-5 in the Woodburn area (Exit 271) and the fastest driving route to and from Woodburn and both metro areas. ......................................................................................................................................................................................................................................................................................................................... 25% ,.35% a ND IMOOB7MMN W S ACADA 49 Cr J U e Northwest excerpt of TIA Figure 8 The TIA fails to specify how the 35%trips distributed to OR 214 pass through the I-5 interchange—that is, what percent goes towards Portland and Salem respectively and what percent remains in Woodburn. See (A) below. It also fails to specify how the 25%trips distributed to U.S. 99E south of OR 211/211 further distribute—that is, what percent continues to Salem and what percent remains in Woodburn. See (B) below. DR 2019-05 Comparisons (A) Based on the DR 2019-05 Allison Way Apartments TIA (May 18, 2020), of the trips that this site development would generate, traffic modeling distributed 60%to the I-5 interchange, composed of 50%towards Portland and 10% towards Salem. The modeling distributed a separate 10%west past the interchange onto OR 219 and into rural Marion County. (The remainders were 20%to OR 214 east away from the interchange, 5% into central Woodburn ANX 2019-01 Staff Report Attachment 102 Page 22 of 82 58 away from both the interchange and OR 214, and 5%within the vicinity of that site development.) Staff applies the same ratios to ANX 2019-01: Table 1. OR 214 Portland/Salem Trip Distribution Ratios DR 2019-05 Trip Conversion to Application of Ratios to Percentages Ratios ANX 2019-01 OR 214 35% Portland 50% 71.4% x 71.4% = 25.0% Salem 10% 14.3% x 14.3% = 5.0% OR 219/Marion 10% 14.3% x 14.3% = 5.0% County Total 70% 100.0% n/a Staff concludes that regarding ANX 2019-01, of the 35% of trips distributed to OR 214, 25% relate to Portland metro, 5%to Salem metro, and 5%to rural Marion County west of Woodburn. (B) Based on the DR 2019-05 TIA, of the trips that this site development would generate, traffic modeling distributed 5% into central Woodburn away from both the interchange and OR 214. Because some trips will go into central Woodburn southwest of U.S. 99E & OR 214, and for staff ease of calculation, staff assumes none of the OR 214 35% stays in Woodburn but in turn assumes 5% of the U.S 99E south trips will, 5% of U.S. 99E south 25%trips equaling 1.3%. Staff concludes that regarding ANX 2019-01, of the 25% of trips distributed to U.S. 99E south, 23.7% relate to Salem metro and 1.3%to central Woodburn. ANX 2019-01 Staff Report Attachment 102 Page 23 of 82 59 Based on the conclusions of both (A) & (B), staff derives refined trip distributions as: Table AB. Refined Trip Distributions Region Via Subtotals Totals Portland U.S. 99E north 25.0% 50.0% OR 214 25.0% Salem OR 214 5.0% 28.7% U.S. 99E south 23.7% Woodburn SW of U.S. 99E south 1.3% 9.3% U.S. 99E & OR 214 Woodburn SE of June Way, 8.0% U.S. 99E & OR 214 Cooley Rd West of town (rural 5.0% 12.0% Marion County) East of town (rural 7.0% Clackamas County) All I n/a 100.0% Additional Issues: Walking & Cycling The draft memo from the consultant who advises staff confirmed that the TIA identified no vehicle trip reduction or transportation demand management (TDM) measures. In short, under the Conditional Use Provisions section farther below, staff cites Comprehensive Plan policies that—together with the TSP and Transit Plan Update (TPU) projects as described here in the Design Review Provisions section and below in the "Additional Issues: Bus Transit" subsection —advance walking, cycling, and vanpooling. Staff conditions accordingly. Additional Issues: Bus Transit Presently, the Woodburn Transit System (WTS) bus loops through east, central, and west Woodburn, but is yet to reach into the northeastern UGB: ANX 2019-01 Staff Report Attachment 102 Page 24 of 82 60 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... r r r'" C)C DBURN x ✓ r � , � --j-,-- .Plan ITpd i pry I �id✓ ✓ r t — f l,r f t I ne wmaem,rn Tray rtsl�, i—___- t _ f Woodhora c ry Trenstroop f i CP A T a1 ___, --- y sl(CAT)51uPs '. — �.._ 1,...,. "'rv^^••w''y„ —ry C-by R. T 1(GAT)Ruus AI 4h. 1 T,.1 60, -- Oh to Tarmist Rp ales 1....r iY 1 ODD 2.0W D,DDD�et Park N R'de Lots Cl1w Boundary — Existing Transit Routes and Facilities Fig— if igure i j uroan 5—Ir aoDndary Woodburn,Oregon 7 TSP Figure 7(2019) Neither do Salem-Keizer Cherriots nor Canby Area Transit (CAT) serve it. ANX 2019-01 Staff Report Attachment 102 Page 25 of 82 61 Y pp projects I..ra.n,sp.., ..[tri;,u, ,;i...., .. ,st,e.rn....,PI!.,a.,�;i.......�� .,��..�..2019 Below is an analysis of applicable ro ects from the major update,Table 4 "Transit Plan": Table 2. TSP Projects Project Location Responsible Description Priority Cost Number Jurisdiction Estimate T1 Woodburn Woodburn Coordinate with Woodburn Transit to Medium $5,000 Fleet Transit/City deliver service enhancements funded through the STIF: Purchase of Category B and C vehicles(1 each)for use in the City's expanded transit services. (100%funding level 2020-21) T2 Woodburn Woodburn Coordinate with Woodburn Transit to Medium $5,000 Fleet Transit/City deliver service enhancements funded through the STIF: Purchase a Category B vehicle that will replace the second oldest full-size vehicle in the WTS fleet;will be used for the City's existing local fixed route circulator. (130% funding level 2021) T4 Woodburn Woodburn Coordinate with Woodburn Transit to Medium $5,000 Fixed Route Transit/City deliver service enhancements funded through the STIF: Modify the existing 60-minute fixed route loop; add an additional 30-minute route that will serve high frequency stops on weekdays(7am-7pm)within the Woodburn city limits.Total additional service will be up to 6,192 revenue hours (FY20-21). (100%funding level 2020-21) T6 Woodburn Woodburn Increase frequency of existing route to 30 Medium $01 Fixed Route Transit minutes T16 Woodburn Cherriots/ Coordinate with Cherriots to provide a Medium $5,000 City stop in Woodburn for SMART Route 1X, providing service to WES station in Wilsonville and downtown Salem T18 City-wide Woodburn Evaluate all bus stops to verify static bus Medium $25,000 Transit/ route information signage is visible and Cherriots accessible and that bike racks are available at major bus stops 1. Project to be funded by others. (Note: STIF refers to the G a'b. .-(.....S.:t:�.:tewi.d.�::"...j�..!:�..i�.a..��.��..!:::�:�.:�.!.�..i�......i�..L?.i::caw.�;".!�.�:'.!�.:�.....LW:u,�.l�.�..) ANX 2019-01 Staff Report Attachment 102 Page 26 of 82 62 Here's how staff determines proportionate fair share. First, staff factors and applies refined trip distribution assumptions from Table AB above. Second, staff factors in that the northeast UGB can have further development and redevelopment. Attachment 105A is an OR 211 Corridor Lot Area and Frontage Spreadsheet ("Spreadsheet") establishing tax lots along the OR 211 corridor and establishes lengths of frontages in feet and lot areas, their percentages of the corridor as a whole, and the respective percentages of the subject property. Each lot also has an average of the area and frontage percentages. Attachment 105B ("Spreadsheet Map") maps the lots. Staff ignores trip distribution relating to the east of town, rural Clackamas County, and the west of town, rural Marion County. (Note: As of October 2020, Clackamas County is updating its Transit Development Plan and as part of that is considering a new bus line from Estacada via Molalla into Woodburn along OR 211, U.S. 99E, and onto the Woodburn downtown transit center, "service option Estacada, Molalla, and Woodburn on Highway 211.") A staff table below provides more method details as applied to TSP projects. ANX 2019-01 Staff Report Attachment 102 Page 27 of 82 63 Table 3. TSP&Staff Methods Project Description TSP Cost Method Number Estimate T1 Coordinate with Woodburn Transit to $5,000 Apply 9.3%(from staff Table AB above). deliver service enhancements funded through the STIF: Purchase of Category B From the Spreadsheet,which shows that and C vehicles(1 each)for use in the City's the area percentage of the subject expanded transit services. (100%funding property equals 16.5%: level 2020-21) 16.5%of 9.3%equals 1.5%. $5,000 x 1.5%=$75 Conversion to a rate is: $75/220=$0.34 per dwelling. T2 Coordinate with Woodburn Transit to $5,000 1. If 130%=$5,000,then 100%= deliver service enhancements funded $3,846.15. through the STIF: Purchase a Category B vehicle that will Apply 9.3%. replace the second oldest full-size vehicle in the WTS fleet;will be used for the City's From the Spreadsheet,which shows that existing local fixed route circulator. (130% the area percentage of the subject funding level 2021) property equals 16.5%: 16.5%of 9.3%equals 1.5%. $3,486.15 x 1.5%=$59.02 Conversion to a rate is: $59.02/220= $0.27 per dwelling T4 Coordinate with Woodburn Transit to $5,000 Apply 9.3%. deliver service enhancements funded through the STIF: From the Spreadsheet,which shows that Modify the existing 60-minute fixed route the area percentage of the subject loop; add an additional 30-minute route property equals 16.5%: that will serve high frequency stops on weekdays(7am-7pm)within the 16.5%of 9.3%equals 1.5%. Woodburn city limits.Total additional service will be up to 6,192 revenue hours $5,000 x 1.5%=$75 (FY20-21). (100%funding level 2020-21) Conversion to a rate is: $/220=$0.34 per dwelling Project Description TSP Cost Method Number Estimate T6 Increase frequency of existing route to 30 $01 Because the TSP table footnote 1, "Project minutes to be funded by others" is vague and unhelpful,staff establishes a method: How much per household does City general revenue invest in transit(excluding farebox recovery and federal and state monies)? ANX 2019-01 Staff Report Attachment 102 Page 28 of 82 64 The fiscal year(FY) 2019-2020 adopted budget establishes general revenue investment of$116,000(p.83;account no. 110"Transit Fund"). The U.S.Census QuickFacts tool reported that across 2014-2018,Woodburn had 7,910 households(HHs) based on data updated 12/19/2019. $116,000/7,910=$14.66 per HH existing. Assume that doubling frequency of the existing route from an hour to 30 minutes would double the general fund investment per HH existing,so$14.66 x 2=$29.33. Establish a mitigation fee or fee in-lieu of $29.33 per dwelling. T16 Coordinate with Cherriots to provide a $5,000 Apply(50.0%+28.7%=78.7%), because stop in Woodburn for SMART Route 1X, Project T16 relates to both Portland & providing service to WES station in Salem metro area trip distributions. Wilsonville and downtown Salem From the Spreadsheet,which shows that the area percentage of the subject property equals 16.5%: 16.5%of 78.7%equals 13.0%. $5,000 x 13.0%_$650.00 Conversion to a rate is: $650.00/220= $2.95 per dwelling. T18 Evaluate all bus stops to verify static bus $25,000 50 existing bus stops are WTS stops. route information signage is visible and accessible and that bike racks are Of these,the Woodburn Memorial Transit available at major bus stops Center/Facility already has bike racks,and the DR 2019-05 Allison Way Apts. developer will install bike parking at Stop 11(along Harvard Drive behind Walmart) at a cost of 25,000 by 49=$510.20. This leaves 48 stops,and an updated cost of($25,000-$510.20)/48=$510.20 per bus stop. Second,staff identifies through conditions two bus stops roughly equidistant from the ANX 2019-01 site(north and west,or counterclockwise),and the one closest bus stop for east or clockwise travel,where no ANX 2019-01 Staff Report Attachment 102 Page 29 of 82 65 bike parking exists. 3 stops x$510.20= $1,530.61 total. Because capital and operational improvements are needed, but beyond bus shelters, further study is needed to determine what the improvements are. In order to induce more transit ridership, staff applies Condition T-T specifying how the developer will fund study and/or construct or pay for transit improvements. Additional Issues: Safety Study Corridor The TSP 2019 major update Figure 4 "Freight Routes" designates U.S. 99E as "Freight Route" and OR 211 & 214 as "Truck Route", and Figure 5 "Traffic Safety Plan Elements" designates OR 211 & 214 as Safety Study Corridors. Staff applied transportation bicycle pedestrian (T-BP) conditions specifying how the developer will construct or fund improvements that contribute to safety along and across OR 211. Additional Issues: Intercity Bus Transit These trips are within the areas served by the Wilsonville South Metro Area Transit (SMART) transit agency, TriMet that serves the remainder of the Portland metro area and operates the Westside Express Service (WES) commuter rail line that has a terminal in Wilsonville and connects to the Metropolitan Area Express (MAX) light rail Blue and Red Lines at Beaverton Transit Center, and the Salem metro area Cherriots transit agency. Having express busses to and from connections with SMART bus, TriMet rail, and Cherriots bus connections during morning and afternoon commutes would induce subject project residents to consider seriously riding these express busses, and were there midday service too, even more so. Additionally, Cherriots contracts with and oversees a vanpool service that serves Woodburn and both metro areas,,.V�a„I„�,��„y,,Var.-.i�,��,��,�,. In addition to the TSP, the City "Transit Plan Update Approved Final Report” (November 8, 2010) per its executive summary (p. ES-1) guides the provision of transit services and facilities in Woodburn through 2030 and supplements the TSP. Below is an analysis of applicable projects: ANX 2019-01 Staff Report Attachment 102 Page 30 of 82 66 Table 4. TPU Projects Header Service Description Annual Capital Needs TPU Objective Operating Addressed Cost Impact 11. Provide Peak- Fixed New intercity service $150,000 $300,000 3.4(Transit Only Intercity Route offering three morning image),4.4 Service to Salem and three evening round (Fixed route and Wilsonville trips between share),5.2 (pp. 10-12 to 10- Woodburn and (Expanded 13) downtown Salem intercity (weekday only) service) New intercity service $130,000 $300,000 offering three morning and three evening round trips between Woodburn and WES station in Wilsonville (weekday only) 12. Provide All- Fixed New midday service $130,000 None(assumes 3.4(Transit Day Intercity Route operating hourly Strategy 11 image),4.4 Service to Salem between Woodburn and implemented (Fixed route and Wilsonville downtown Salem first) share),5.2 (pp. 10-13 to 10- (weekday only) (Expanded 14) New midday service $130,000 None(assumes intercity operating hourly Strategy 11 service) between Woodburn and implemented WES station in first) Wilsonville(weekday only) 20. Promote [n/a] Promotion of existing [n/a] [n/a] 5.3 Other Regional rideshare programs to travel options Carpool/Vanpool meet mobility needs Program(p. 10- that are not easy or cost 19) effective to meet with transit. ANX 2019-01 Staff Report Attachment 102 Page 31 of 82 67 Staff applies the same logic as applied to the TSP projects: Table 5. TPU&Staff Methods Header Description Annual Operating Capital Needs Method Cost Impact 11. Provide Peak- Salem $150,000 $300,000 a. Take capital cost of Only Intercity $300,000. Service to Salem and Wilsonville Apply(from staff Table AB (pp. 10-12 to 10- above)28.7%. 13) From the Spreadsheet, which shows that the area percentage of the subject property equals 16.5%: 16.5%of 28.7%equals 4.7%. $300,000 x 4.7%_$14,100. b. Take annual operating(0) cost of$150,000 Apply the same logic as per a.above. $150,000 x 4.7%_$7,050. c. $14,100(C)+$7,050(0)= $21,150 Salem WES $130,000 $300,000 a. Take capital cost(C)of station in $300,000. Wilsonville Apply(from staff Table AB above)50.0%. From the Spreadsheet, which shows that the area percentage of the subject property equals 16.5%: 16.5%of 50.0%equals 8.3%. $300,000 x 8.3%_$24,900. b. Take annual operating cost (0)of$130,000 Apply the same logic as per a.above. ANX 2019-01 Staff Report Attachment 102 Page 32 of 82 68 $130,000 x 8.3%_$10,790. c. $24,900(C)+$10,790(0)_ $35,690 Wilsonville d. $21,150 Salem+$35,690 Wilsonville totals$56,840 The equivalent rate is $56,840/220=$258.36 per dwelling 12. Provide All-Day Salem $130,000 None(assumes Take annual operating cost(0) Intercity Service to Strategy 11 of$130,000 Salem and implemented first) Wilsonville(pp. 10- Apply 28.7%. 13 to 10-14) From the Spreadsheet,which shows that the area percentage of the subject property equals 16.5%: 16.5%of 28.7%equals 4.7%. $130,000 x 4.7%_$6,110 WES $130,000 None(assumes Take annual operating cost(0) station in Strategy 11 of$130,000 Wilsonville implemented first) Apply 50.0%. From the Spreadsheet,which shows that the area percentage of the subject property equals 16.5%: 16.5%of 50.0%equals 8.3%. $130,000 x 8.3%_$10,790 $6,110(O Salem)+$10,790(O Wilsonville)_$16,900(O both) The equivalent rate is$12,480/ 220=$76.82 per dwelling 20. Promote Valley [n/a] [n/a] Per theV;a,I„I,„„y,-V;„i„Icac„I, Regional Van Pool L2..2u.1� i211Y........a..l<.” .....q.a.�.:".a.:.i. ..i..a. Carpool/Vanpool (J- PF ,g;;,a vanpool Program(p. 10-19) (assuming 14 passengers) has a monthly fare of$90 to$170. The 801" percentile is$154. Staff assumes 3%vanpooling as realistic. Assume that studio ANX 2019-01 Staff Report Attachment 102 Page 33 of 82 69 units average 1 commuter,one- bedroom units average 1.5 commuters and two and three- bedroom units have 2 commuters. The unit mix is 28 studio,42 one-bedroom, 132 two-bedroom,and 18 three- bedroom. The project would have 391 commuters. 3%= 12 commuters. (A van can seat 7 to 15 passengers, so 12 commuters equals a van across the 19 apartment buildings and 220 apartments.) Staff establishes an amount for a one-time vanpool grant fund: $154 monthly fare x 12 commuters=$1,848 Then,x(6 months)_$11,088. The equivalent rate is$11,088/ 220=$50.40 per dwelling As a concluding summary, based on the transportation problems that the TIA documented, the TSP, and the TPU, City objectives are for the development to contribute a fair share towards the objectives of: • Inititation and continuation of regional express bus service • Higher frequency service • Bus shelter purchases • Installation of bicycle parking where bus stops lack it • Bus purchase(s) • Increasing waling and cycling safety along and across OR 211, and • Vanpooling. To address transportation problems, staff applies transportation (T) conditions. ANX 2019-01 Staff Report Attachment 102 Page 34 of 82 70 3.05 Off-Street Parking and Loading 3.05.02 General Provisions The site plans illustrate that the proposal meets the general provisions, including provision of wheel shops along head-in parking stalls adjacent to the access ways, i.e. the prime bicycle/pedestrian wide walkway route to and from sidewalk, and most if not all remaining walkways. Staff conditions on-site exterior light fixtures to be full cut-off and limit light encroachment. 3.05.03 Off-Street Parking 3.05.03 Off-Street Parking A. Number of Required Off-Street Parking Spaces 1. Off-street vehicle parking spaces shall be provided in amounts not less than those set forth in this Section (Table 3.05A). 2. Off-street vehicle parking spaces shall not exceed two times the amount required in this Section (Table 3.05A). B. Accessible parking shall be provided in amounts not less than those set forth in Table 3.05B. The number of accessible spaces shall be included as part of total required vehicle parking spaces. C. A maximum of 20 percent of the required vehicle parking spaces may be satisfied by compact vehicle parking spaces. D. Off-street vehicle parking spaces and drive aisles shall not be smaller than specified in this Section (Table 3.05C). E. All uses that are required to provide 10 or more off-street parking spaces and residential structures with four or more dwelling or living units shall provide a bicycle rack within 50 feet of the main building entrance. The number of required rack spaces shall be one space per ten vehicle parking spaces ... . F. Garages... 2. For multi-family dwellings,one-half of the parking spaces required by this Section (Table 3.05A)shall be in a garage or garages. Off-Street Parking Ratio Standards Table 3.05A Use' Parking Ratio-spaces per activity unit or square feet of gross floor area RESIDENTIAL 1. Dwellings,including manufactured homes 2/dwelling unit 1.The Director may authorize parking for any use not specifically listed in this table. The applicant shall submit an analysis that identifies the parking needs, and a description of how the proposed use is similar to other uses permitted in the zone. The Director may require additional information, as needed,to document the parking needs of the proposed use. ANX 2019-01 Staff Report Attachment 102 Page 35 of 82 71 Accessible Parking Ratio Standards Table 3.056 Total Spaces Minimum Total Minimum Van Minimum"Wheelchair User Accessible Spaces 1 Accessible Spaces Only"Spaces 301 to 400 8 [0] 1 501 to 1000 2%of total [0] 1 in every 8 accessible 1001 or more 20 plus 1 for each 100 [0] spaces or portion thereof spaces over 1000 1. "Van Accessible Spaces"and "Wheelchair User Only"are included in "Total Accessible Spaces." The ratio yields (220 dwellings x 2 stalls) =440 stalls. The site plan (plan sheet SDR4) notes 450 stalls, 10 more than the minimum requirement. The proposal has compact parking stalls exceeding 20%. The applicant submitted a variance request. The proposal triggers subsection E. for bicycle parking, which requires (220/ 10) = 22 bike stalls minimum; however, staff requested and the applicant opts to propose more as conditioned, both in the form of outdoor racks and, within each proposed outdoor storage closet—which are accessible from patios and balconies—a retractable hook made for wall-mounted stowage of a bike. A condition specifies details, the main idea being, "build it, and they will come." This means if bicycle parking is plentiful, convenient, and secure, tenants would be more likely to cycle. Regarding placement with 50 ft of main entrance per subsection E., based on conversations with the applicant, staff understands that each stairwell base will have at least one bicycle parking facility and stall; however, it is not evident on the site plans. For this reason, staff applies a D condition. Garages/Carports Regarding 3.05.03F.2, carports are permissible in lieu of garages. Relevant definitions are: "1.02 Definitions Carport: A permanent structure consisting of a roof and supports for covering a parking space which is not completely enclosed. Garage: A building, or portion of a building, which is completely enclosed and designed for the storage or parking of a vehicle." Through a past multi-family development project, Woodland Crossing Apartments at 9065 Arney Lane (DR 2017-03), the Community Development Director interpreted that WDO ANX 2019-01 Staff Report Attachment 102 Page 36 of 82 72 3.05.03F.2. allows for carports in lieu of garages. Staff applies the interpretation as the Director had: ,,The language in this Section of the WDO seems to indicate that fully enclosed garages are required for even a large multi-family apartment complex that has a parking lot open to the public, such as this one. There is a distinction in the WDO between carports and garages in some areas, but it is not consistent throughout the Code. It's important to note that when garages are required for single-family and duplex developments under the WDO, there is also an accompanying requirement to provide a 'parking pad' outside the garage, a minimum of 20 feet in depth (see the yellow area in the graphic above). This additional area is required to be on private property so that the driver of a car is not backing directly into traffic from their garage. In the case of parking lots—which are typical for commercial centers and multi-family parking areas -the opportunity for this critical 'parking pad' is impossible. Staff has made an interpretation that the requirement for a garage in the case of multi-family dwelling units in a parking lot is satisfied with carports. This is a reasonable and practical interpretation for a variety of aesthetic and most importantly, safety factors. Having individuals opening garage doors and having cars backing into drive aisles from an enclosed garage would be dangerous and Staff would not approve it. Staff finds that the application meets the criteria and will process a clarification of this particular Code language during the next set of amendments to the WDO." The applicant proposes carports meeting the coverage provision. Accessible/ADA/Handicap Parking The proposal provides ADA-compliant stalls that meet or exceed the minimum provision. Variance: Staff addresses the compact parking percentage maximum request further below under the Variance Provisions section. To secure a higher minimum amount of bicycle parking, staff applies a condition. PJIIC To meet WDO 3.05.03E that bicycle parking be within 50 feet of the main building entrance. Staff applies a D condition. ANX 2019-01 Staff Report Attachment 102 Page 37 of 82 73 Parking Space and Drive Aisle Dimensions Table 3.05C Stall Curb Stripe Stall to Drive Aisle Width Parking Type of Space Width Length Length Curb (feet) Angle feet feet feet feet (feet) (feet) (feet) (feet) 1-way 2-way A B C D E F G Standard or Accessible 9.0 9.0 19.0 19.0 24.0 Compact 7.5 7.5 15.0 15.0 22.0 90° 124.0 Car Accessible Aisle 6.0 6.0 19.0 19.0 24.0 Van Accessible Aisle 8.0 8.0 19.0 19.0 1. A parking space may occupy up to two feet of a landscaped area or walkway. At least four feet clear width of a walkway must be maintained. 2. Space width is measured from the midpoint of the double stripe. 3. Curb or wheel stops shall be utilized to prevent vehicles from encroaching on abutting properties or rights-of-way. 4. The access aisle must be located on the passenger side of the parking space, except that two adjacent parking spaces may share a common access aisle. 5. Where the angle of parking stalls differ across a drive aisle,the greater drive aisle width shall be provided. ................ . ............... 4, Wde Wheell stop 711 andscaphig ,, Figure 3.05C - Parking Space Striping ANX 2019-01 Staff Report Attachment 102 Page 38 of 82 74 The applicant proposes all stalls, which are all at 90% to the drive aisle with dimensions, double- striping, and curbing that meet or exceed the minimum. The requirement is met. 3.05.04 Off-Street Loading B.The off-street loading facilities shall be on the same lot, or site, as the use or structure they are intended to serve. Required loading spaces and required parking spaces shall be separate and distinct, except that if authorized through a land use decision, a parking area may be used for loading during those times when the vehicle parking area is not in use. Loading Space Requirements Table 3.05D Use and Area (square feet) Minimum Number of Minimum Size of Space(feet) Spaces Width Length Height Office 0-4,999 0 12 30 14 5,000—41,999 1 42,000 or more 2 Nonresidential uses, except office,in the CO,CG,and NNC zones 0-9,999 1 12 30 14 10,000—41,999 2 42,000—81,999 3 82,000 or more 4 Because the use is residential, the table is not applicable. The provisions are not applicable. 3.05.05 Shared Parking The applicant opted not to exercise this option. 3.06 Landscaping 3.06.02 General Requirements The landscape plan sheets (1-1.1-1.3) illustrate and note that the general provisions are met, including irrigation and curbing. ANX 2019-01 Staff Report Attachment 102 Page 39 of 82 75 The requirement is met. 3.06.03 Landscaping Standards A. Street Trees The applicant proposes street trees that appear to meet the provisions. To secure a higher minimum amount of street trees, staff applies a CU condition. B.&Tables 3.06A& B Planting Requirements Table 3.06A Location Planting Density, Minimum Area to be Landscaped, Minimum Setbacks abutting a street 1 PLI/15 square feet Entire setback excluding driveways Buffer yards 1 PLI/20 square feet Entire yard excluding off-street parking and loading areas abutting a wall Other yards 1 PLI/50 square feet Entire yard,excluding areas subject to more intensive landscaping requirements and off-street parking and loading areas Off-street parking and • 1 small tree per 10 parking • RS, RIS, RSN, RM, RMN, P/SP,CO, loading areas spaces; ort CG and MLIV zones: 20%of the 1 medium tree per 15 parking paved surface area for off-street spaces; or 1 parking, loading and circulation • 1 large tree per 25 parking • DDC, NNC, IP, IL,and SWIR zones: spaces' 10%of the paved surface area for off-street parking, loading and and circulation • 1 PLI/20 square feet . Landscaping shall be within or excluding required trees 2 immediately adjacent to paved areas Common areas,except 3 PLI/50 square feet Entire common area those approved as natural common areas in a PUD 1. Trees shall be located within off-street parking facilities,in proportion to the distribution of the parking spaces. 2. Required landscaping within a setback abutting a street or an interior lot line that is within 20 feet of parking, loading and circulation facilities may also be counted in calculating landscaping for off- ANX 2019-01 Staff Report Attachment 102 Page 40 of 82 76 Planting Requirements Table 3.06A Location Planting Density, Minimum Area to be Landscaped, Minimum street parking, loading and circulation areas. The landscape plans illustrate meeting or exceeding the minimum planting densities, landscaped areas, and trees for the yard types and vehicular areas. The requirement is met. Plant Unit(PU)Value Table 3.06B Material Plant Unit(PU)Value Minimum Size 1. Significant tree15 PU each 24" Diameter 2. Large tree (60-120 feet high at 10 PU each 10' Height or 2"Caliper maturity) ' 3. Medium tree(40-60 feet high at 8 PU each 10' Height or 2"Caliper maturity' 4. Small tree (18-40 feet high at maturity)' 4 PU each 10' Height or 2"Caliper 5. Large shrub(at maturity over 4'wide x 2 PU each 3 gallon or balled 4' high) ' 6. Small to medium shrub(at maturity 1 PU each 1 gallon maximum 4'wide x 4' high) ' 7. Lawn or other living ground cover' 1 PU/50 square feet 8. Berm 2 1 PU/20 lineal feet Minimum 2 feet high 9. Ornamental fence 2 1 PU/20 lineal feet 2%-4 feet high 10. Boulder 2 1 PU each Minimum 2 feet high 11. Sundial, obelisk,gnomon,or gazing ball 2 PU each Minimum 3 feet high 12. Fountain 2 3 PU each Minimum 3 feet high 13. Bench or chair 2 0.5 PU/lineal foot 14. Raised planting bed constructed of 0.5 PU/lineal foot of Minimum 1 foot high, brick, stone or similar material except greatest dimension minimum 1 foot wide in 2 CMU least interior dimension ANX 2019-01 Staff Report Attachment 102 Page 41 of 82 77 Plant Unit(PU)Value Table 3.0613 Material Plant Unit(PU)Value Minimum Size 15. Water feature incorporating stormwater detention 2 2 per 50 square feet None 1. Existing vegetation that is retained has the same plant unit value as planted vegetation. 2. No more than twenty percent(20%)of the required plant units may be satisfied by items in lines 8 through 15. The landscape plans illustrate meeting or exceeding the minimum plant unit (PU) standards. ve The requirement is met. 3.06.05 Screening&Table 3.06D A. Screening between zones and uses shall comply with Table 3.06D. Architectural Wall " Because all lots adjacent to the subject property are unincorporated, except for two, they have no City zoning. Regarding the other two, 051W08A004800 & 5100, they are zoned CG, the same zoning as would apply to the subject property following annexation. Therefore, staff interprets that Table 3.061) is not applicable to the site perimeter and so no Architectural Wall is required at the site rear or sides. Architectural Wall: Recycling and Trash Enclosures Such enclosures are required per Table 3.061)for any outdoor storage of"refuse and recycling collection facilities ...", and the applicant proposes containment through an enclosure. 3.06.0513. All parking areas,except those for single-family and duplex dwellings, abutting a street shall provide a 42-inch vertical visual screen from the abutting street grade.Acceptable design techniques to provide the screening include plant materials, berms,architectural walls,and depressed grade for the parking area.All screening shall comply with the clear vision standards of this ordinance(Section 3.03.06). «"fff")J, Because there is no parking closer to OR 211 than the closest building—the common building—the provision is not applicable. 3.06.06 Architectural Walls B. Design Standards and Guidelines Architectural Wall: Recycling and Trash Enclosures The enclosure meets the standards as a plan sheet illustrates. ANX 2019-01 Staff Report Attachment 102 Page 42 of 82 78 C. Retaining walls should/shall meet the texture and color requirements of architectural walls in or abutting residential districts,where the texture and color requirements apply to the visible face of the retaining wall. 1.02 Abutting:Touching on the edge or on the line, including at a corner. It shall include the terms adjacent, adjoining and contiguous. Adjacent: Near,close or bordering but not necessarily contiguous with; adjoining but separated by a right-of-way. 'U«« Because the proposal includes no retaining walls, the provisions are not applicable. 3.06.07 Significant Trees on Private Property Because the subject property contains 4 Significant Trees in the southeast front yard, staff conditions their preservation. 3.07 Architectural Design 3.07.06 Standards for Non-Residential Structures in Residential,Commercial and Public/Semi Public Zones A.The following design guidelines shall be applicable to all non-residential structures and buildings in the RS, RSN, RIS, RM, RMN,CO,CG, and P/SP zones. B.Architectural Design Guidelines 1. Mass and Bulk Articulation Guidelines a. Building facades visible from streets and public parking areas should be articulated, in order to avoid the appearance of box-like structures with unbroken wall surfaces. b.The appearance of exterior walls should be enhanced by incorporating three-dimensional design features,including the following: (1) Public doorways or passage ways through the building (2)Wall offsets or projections (3)Variation in building materials or textures (4)Arcades,awnings, canopies or porches 2. Materials and Texture Guidelines a. Building exteriors should exhibit finishes and textures that reduce the visual monotony of bulky structures and large structural spaces. Building exteriors should enhance visual interest of wall surfaces and harmonize with the structural design. b.The appearance of exterior surfaces should be enhanced by incorporating the following: (1)At least 30%of the wall surface abutting a street should be glass. (2)All walls visible from a street or public parking area should be surfaced with wood, brick, stone, designer block,or stucco,or with siding that has the appearance of wood lap siding. ANX 2019-01 Staff Report Attachment 102 Page 43 of 82 79 (3)The use of plain concrete, plain concrete block,corrugated metal, plywood,T-111 and sheet composite siding as exterior finish materials for walls visible from a street or parking area should be avoided. (4)The color of at least 90 percent of the wall, roof and awning surface visible from a street or public parking area should be an "earth tone"color containing 10 parts, or more of brown or a "tinted"color, containing 10 parts or more white. (5) Fluorescent, "day-glo,"or any similar bright color shall not be used on the building exterior. 3. Multi-Planed Roof Guidelines a.The roof line at the top of a structure should establish a distinctive top to the building. b.The roof line should not be flat or hold the same roof line over extended distances. Rather, the roof line should incorporate variations,such as: (1)Offsets or jogs in the plane of the roof; (2)Changes in the height of the exterior wall for flat roof buildings,including parapet walls with variations in elevation or cornices 4. Roof-Mounted Equipment Guidelines All roof-mounted equipment,except solar collectors,should be screened from view by: a. Locating roof-mounted equipment below the highest vertical element of the building, or b.Screening roof-mounted equipment using materials of the same character as the structure's basic materials 5.Weather Protection Guidelines All building faces abutting a street or a public parking area should provide weather protection for pedestrians. Features to provide this protection should include: a.A continuous walkway at least eight feet wide along the face of the building utilizing a roof overhang, arcade,awnings or canopies b.Awnings and canopies that incorporate the following design features: (1)Angled or curved surfaces facing a street or parking area (2)A covering of fabric, or matte finish vinyl (3)A constant color and pattern scheme for all buildings within the same development (4) No internal back lighting 6. Solar Access Protection Obstruction of existing solar collectors on abutting properties by site development should be minimized. C. Building Location Guidelines 1.Within the prescribed setbacks, building location and orientation should compliment abutting uses and development patterns. 2.The maximum yard abutting a street should be 150 feet. The site plans and building elevations show largely what the guidelines describe. The provisions are met. ANX 2019-01 Staff Report Attachment 102 Page 44 of 82 80 ...................................................................................................................................................................................................................................................................................................... Conditional Use Provisions The conditional use per WDO Table 2.03A, header E Residential, row 4 is multiple-family dwellings, specifically the proposed Woodburn Eastside Apartments. (Table footnote 9 about the Gateway and Interchange Management Area Overlay Districts is not applicable to the subject property.) Conditional Use Criteria 5.03.01 Conditional Use B.Criteria: 1.The proposed use shall be permitted as a conditional use within the zoning district. 2.The proposed use shall comply with the development standards of the zoning district. 3.The proposed use shall be compatible with the surrounding properties. Relevant factors to be considered in determining whether the proposed use is compatible include: a.The suitability of the size,shape, location and topography of the site for the proposed use; b. The capacity of public water, sewerage, drainage, street and pedestrian facilities serving the proposed use; c.The impact of the proposed use on the quality of the living environment: 1) Noise; 2) Illumination; 3) Hours of operation; 4)Air quality; 5)Aesthetics; and 6)Vehicular traffic. d.The conformance of the proposed use with applicable Comprehensive Plan policies;and e. The suitability of proposed conditions of approval to ensure compatibility of the proposed use with other uses in the vicinity. CU criteria and factors executive summary 1. The proposed use of multiple-family dwellings is permitted as a conditional use within the CG zoning district. 2. The proposed use does comply with the development standards both as proposed and through conditions of approval. 3. The proposed use shall be compatible with the surrounding properties because ... ANX 2019-01 Staff Report Attachment 102 Page 45 of 82 81 a. The subject property, a parcel of 8.62 acres that is orthogonal, roughly rectangular, and flat, is sized, shaped, and topographically suited for a conventional new construction apartment complex. It is located within the Woodburn urban growth boundary (UGB) along a public right-of-way, a road improved to a rural state. The Comprehensive Plan land use map designates the northeastern corner of the UGB, the whole area east of U.S. 99E and north of OR 211, as Commercial. Most land within city limits that is zoned commercial is specifically Commercial General (CG), and most of it is along two corridors: I-5 and U.S. 99E, with bulges near the interchange of I-5 and OR 214 and the intersection of U.S. 99E and OR 214. Much of this land remains undeveloped or underdeveloped, and this is particularly so in the northeastern UGB. This appears to signal a lack of sufficient market demand, while the proposal —coupled with recent applications to the City for at least three other apartment projects that are all on CG- zoned land (DR 2019-03 Pacific Valley Apartments at 1310 N. Pacific Highway, DR 2019-05 Allison Way Apartments at Stacy Allison Way and Hooper Street, and CU 2020-01 Templeton Apartments at 1430 E. Cleveland Street)—indicate stronger demand for multiple-family dwellings. In short, the subject property has public access, sat and sits idle, helps to meet City multiple-family housing need, and is located near the intersection of U.S. 99E and Highways 211 & 214, bringing multiple- family housing and commercial services in close proximity. b. The capacity of public water, sewerage, drainage, street and pedestrian facilities serving the proposed use for any given facility is either sufficient or will be after the developer upgrades either as conditioned or as the Public Works Department directs at the permit stage. The applicant's annexation narrative (pp. 2-3) states: "The developer is responsible for the cost of extension of improved water, sewer and storm drainage facilities necessary to serve the site. Internal development of public and private facilities necessary to serve the development will occur at the building permit review stage. Applicable state or federal permits are required to be obtained for issuance of building or construction permits from the City." c. Regarding the impact of the proposed use on the quality of the living environment: 1) Noise: None from the site development; but, to protect residents from the noise of what will remain more a highway than a street, staff conditions more street trees than usual in a planter strip wider than usual, and additional buffer space is provided through the preserved Significant Tree grove that the developer is ANX 2019-01 Staff Report Attachment 102 Page 46 of 82 82 conditioned to preserve, the grove being in the southeast front yard. The clubhouse being in the central front yard as the building closest to OR 211 also helps to buffer the apartment buildings. 2) Illumination: Staff applies a "dark sky' condition to limit exterior lighting fixtures to be full cut- off or fully shielded (from being seen above a horizontal plane at the fixture) and to limit their mounting heights. 3) Hours of operation: Because the proposal is an apartment complex, and so there are no commercial, industrial, or institutional uses, there are no hours of operation to regulate except that of the leasing office, and for that there's no compelling reason to do so. 4) Air quality: Staff applies conditions for on-site electric vehicle (EV) parking and charging, additional trees both in the planter strip and on-site, lots of bicycle parking, an on-site bicycle pedestrian path, a wider sidewalk as a public bicycle pedestrian path, and extension west of sidewalk to a point where a crossing of OR 211 can reach existing City sidewalk. EVs directly help air quality, and the remaining conditions serve as transportation demand management (TDM) by inducing residents to drive less often, especially for nearby destinations in the commercial area around the intersection of U.S. 99E & OR 211, and with fewer driving trips comes better air quality. For very local air quality, staff conditions that all operable windows have insect screens, so that residents feel free to open windows, be it to drive out stagnant or humid air or bring in fresh air, without also bringing in pests like fruit flies, flies, and stinging insects. 5) Aesthetics: Staff applies conditions for aesthetics mostly at the site plan scale (instead of the building scale), mostly to bring buildings and common area closer together and to place surface parking away and along the site perimeter. Staff also conditions the common building to have lots of windows facing OR 211 and on the facade with the main entrance, and for buildings generally to have a window at every typical room next to an outside wall. The common building and 19 apartment buildings are arranged on three distinct "blocks" or "islands" of landscaping ANX 2019-01 Staff Report Attachment 102 Page 47 of 82 83 defined and surrounded by drive aisles and driveways. This, with the conditioned on-site bicycle pedestrian path serving as the central spine of the site plan, helps residents find their way within the complex. Staff conditions more street trees than usual in a planter strip wider than usual. A condition sets as standard the larger patios and balconies the site plans propose above and beyond the WDO and interprets an unclear WDO provision about how to delineate a patio space from common open space by requiring shrubbery with either fence or railings and either of those having simple gates. 6) Vehicular traffic. Staff applies conditions relating to: • Mitigating the effect of additional vehicle trips generated by the site development through any of off-site improvements, transportation study, and/or fees in-lieu. • Inducing more walking, cycling, bus ridership, and vanpooling instead of driving, including through off-site improvements, mitigation fees to improve regional and local bus transit, lots of bike parking and a bicycle/pedestrian path on-site, and vanpooling funds. • Surveying on-site parking usage for staff to better understand how parking is used in conventional new construction apartment complexes; • Granting the Community Development Director authority to require the property manager to implement a car share service with one or two dedicated parking spaces on site; and • Limiting driveways to two and reducing conflict points among turns into and out of OR 211 traffic by limiting the east driveway (D2) to one-way outbound only. d. Regarding the conformance of the proposed use with applicable C�„��„rnj.[,f„ , „,,s,u,v e., D. policies, staff addresses this factor through both factor c. above ("impact of the proposed use" with six subfactors 1) through 6) and this factor d.: ANX 2019-01 Staff Report Attachment 102 Page 48 of 82 84 Policy Page No. What Related Conditions Address D-1.3 14 Creative design, sufficient landscaped area and open space, and residential higher density near jobs, shopping and potential transit services—specifically requiring perimeter parking overhangs to shrink pavement, more and greater variety of trees, tree preservation, an on-site bicycle/pedestrian path, a wide sidewalk as a public bicycle/pedestrian path, and a wide planter strip with more than usual street trees. D-1.5 14 Creative design, slow moving traffic, and landscaping and tree planting to enhance the livability and aesthetics of the neighborhood—specifically on-site bicycle/pedestrian path speed tables and markings of drive aisle crossings. G-1.1 27 Expansion areas of the City are served by public facilities and services with adequate capacity. Consideration of proposals that vary from City capacity standards and facility master plans shall include mitigating measures determined to be appropriate the Public Works Department—specifically to improve surface and subsurface improvements and allow walkers and cyclists to span the distance from improved frontage across OR 211 to existing sidewalk and improved City street network. G-1.3 28 Provide an interconnected street system to improve the efficiency of movement by providing direct linkages between origins and destinations—specifically to provide in the northeast UGB area north of OR 211 and east of U.S. 99E a future street that would connect Cooley Road and either or both June Way and U.S. 99E and that would be ROW sufficient for a minor arterial or major collector. For the subject property, reservation of a segment of Street Corridor"C" begins to implement both G-1.3 and Transportation System Plan (TSP) Figure 6(2019; Attachment 106) and influences the overall alignment of a street. G-2.3 33 Use annexation to guide shape and pattern of development— specifically raise urban design quality of on-site development above and beyond the WDO through the CU application type and get better than usual frontage improvements as well as link the subject property to the nearest City improvements with surface and subsurface improvements to allow walkers and cyclists to span the distance from improved frontage across OR 211 to existing sidewalk and improved City street network. H-1.1 33 Develop an expanded intracity bus transit system that provides added service and route coverage to improve the mobility and accessibility of the transportation disadvantaged and to attract traditional auto users to use the system—specifically by conditioning construction and/or fees to improve regional and local bus service and local bus shelters and bicycle parking. ANX 2019-01 Staff Report Attachment 102 Page 49 of 82 85 Policy Page No. What Related Conditions Address H-1.2 33 Encourage alternative travel options between Woodburn, Portland and Salem by implementing a carpool/vanpool parking program and coordinating WTS with other regional service provided by Cherriots Regional and Canby Area Transit— specifically by conditioning fees to improve regional and local bus service (per the TSP and the Transit Update Plan of 2010) and to fund a time-limited vanpool subsidy for a modest percentage of future households within the development. H-1.3 34 Develop a low stress network of bicycle lanes and routes that link major activity centers such as residential neighborhoods, schools, parks, commercial areas and employment centers. Identify off-street facilities in City greenway and park areas. Ensure all new or improved collector and arterial streets are constructed with bicycle lanes—specifically conditioning lots of on-site bike parking, duly requiring frontage improvements, and also conditioning a wide sidewalk as a public bicycle/pedestrian path, a wide planter strip with more than usual street trees, and off-site extensions of bike lane and sidewalk to connect the frontage along and across OR 211 to existing City street and sidewalk. H-1.4 Develop a comprehensive network of sidewalks and off-street pathways. Identify key connections to improve pedestrian mobility within neighborhoods and link residential areas to schools, parks, places of employment and commercial areas. Ensure all new collector and arterial streets are constructed with sidewalks. Specifically, to do so by conditioning lots of on-site bike parking, duly requiring frontage improvements, and also conditioning a wide sidewalk as a public bicycle/pedestrian path, a wide planter strip with more than usual street trees, and off- site extensions of bike lane and sidewalk to connect the frontage along and across OR 211 to existing City street and sidewalk. These are all to raise the attractiveness, ease, safety, and potential cyclists' perception of safety of cycling. H-1.5 Maintain adequate intersection and roadway capacity on the key east-west and norths south arterials, in this case U.S. 99E and OR 211, both by conditioning construction and/or fees for automotive improvements but also by implementing Street Corridor"C" as examined above for Policy G-1.3 and by requiring improvements that induce more walking, cycling, and bus ridership to and from the site development. H-2.2 Maintain and enhance new east-west and north-south collector/minor arterial streets within the City to relieve traffic demands on OR 214 & 211 and U.S. 99E --specifically by implementing Street Corridor"C" as examined above for Policy G-1.3. ANX 2019-01 Staff Report Attachment 102 Page 50 of 82 86 Policy Page No. What Related Conditions Address H-2.3 Encourage multi-model transportation options, including park- and-ride facilities, carpooling, and use of transit services— specifically by conditioning lots of bike parking on site, allowance for the Community Development Director to require that he property manager have a car share service—this having a basis also in TSP Projects TDM 1, 2, &3—and construction and/or fees to improve walking, cycling, bus ridership, and vanpooling. H-2.5 Provide inter-parcel circulation through crossover easements— specifically by conditioning accordingly. H-3.1 Continue coordination with ODOT to improve safety on state facilities within the City and citywide access management strategies—specifically by conditioning to allow for fees in lieu of construction, more than one way to construct an improvement, and for ODOT and/or the City Engineer to make decisions for the developer about which way to construct an improvement and how. H-3.2 Implement strategies to address pedestrian and bicycle safety issues, specifically for travel to and from local schools, commercial areas, and major activity centers—specifically by as examined above for Policies D-1.3, G-1.1, G-2.3, H-1.3, H-1.4, & H-2.3. H-5.1 Implement,where appropriate, a range of potential Transportation Demand Management (TDM) strategies that can be used to improve the efficiency of the transportation system by shifting single-occupant vehicle trips to other models and reducing automobile reliance at times of peak traffic volumes— specifically as examined above for Policies D-1.3, D-1.5, G-1.1, H- 1.1, H-1.2, H-1.3, H-1.4, & H-2.3. M-1.2 The City shall increase its commitment to energy conservation, including alternative energy vehicles, increased recycling, and reduction in out-of-direction travel—specifically Policies and conditioning the development to have a number of electric vehicle(EV) parking stalls with charging stations. Below are images providing further context for Street Corridor "C" in relation to Comprehensive Plan Policies G-1.3 and H-2.2: ANX 2019-01 Staff Report Attachment 102 Page 51 of 82 87 ....................................................................................................................................................................................................................................................................................................................................................................................................................................... a WOODBuRN— YY _r , � e Q 0 a B a r a n I s n LA ^r r��re�ooa araarco,,amo � f` n `'�� a I,gw z.000 a.aoo Feel Ifj U,b-G—th co-da Local Street Connectivity Plan Flg�re Woodburn,Oregon 5 Moro:Furum matlwd Bali n antl bwm oCto furiM1orrofineman[ TSP Figure 6 As examined under the Design Review Provisions section for 3.01, TSP Figure 6 calls for street connections among U.S. 99E and OR 211 at Cooley Road and June Way. e t r i r i i r� aSuperblock"exhibit staff produced for Pre-App PRE 2019-01 that was February 13, 2019 (Note: Ignore the scale indication within the image.) The superblock exhibit shows that looking beyond the UGB, the subject property is part of a gigantic superblock through which there are no streets or rural roads such ANX 2019-01 Staff Report Attachment 102 Page 52 of 82 88 that the only alternative to passing along U.S. 99E and OR 211 through their intersection is a 10.4-mile detour. I fNN Y I�u l , �r V p , hll Regional street network exhibit staff produced for Pre-App PRE 2019-01 that was February 13, 2019; (Note: Ignore the scale indication within the image.) The exhibit shows all lots in the northeast UGB must access either U.S. 99E or OR 211. a n j 72 ftcwll t +f / 72 ft �Fa lt,widel I °r .,5r 4ra��0au�n.nr a..�na imam a°l Md. ca�et., mim® ppb / JG gN 'ftra p r4 t rv5y E IPu 724t 1 Lla f t -ROW dt& I s � re t"UQ72+fts III t � �sv rt A St,— � it r """"[once tual objectives G7 'U� 8 p plan h'^^'�aref 61 ct prop rtyt � >, keep free f b,ilding,and U k a 72 d d f � future ROW,and A24ft d id... d for future 7G10 ;✓" `+ "`�, ers entgs�andd )t�J IDL n n CITY Y v, ' 6a ft �-M lox- t� r i j Northeast UGB street concept staff produced for Pre-App PRE 2019-01 that was February 13, 2019; (Note: Ignore the scale indication within the image.) ANX 2019-01 Staff Report Attachment 102 Page 53 of 82 89 In the exhibit, solid purple is the segment on the subject property of what staff later termed Street Corridor "C", dashed purple indicates a sensible way to connect the three blue arrows that TSP Figure 6 shows, solid yellow line indicates provision on public cross access easements on the subject property (except that the thinner north-south yellow line most to the east actually is the UGB), and dashed yellow line indicates public cross access easements on more lots along OR 211. (Background colored lines represent subsurface utilities and bluish-gray polygons are building footprints.) From the beginning, staff advised the applicant based on the above concept that staff drafted to bring greater detail to blue arrows of TSP Figure 6. The concept is of course a diagram and not at the detailed level of a site plan, civil engineering plan, or construction drawing. e. Regarding the suitability of proposed conditions of approval to ensure compatibility of the proposed use with other uses in the vicinity, staff addresses these under other provisions through which staff introduces given issues and their related conditions of approval. Capacity of public facilities The City Engineer through Attachment 102A did not identify any deficiencies of or threats to public infrastructure in regards to factor b. of the third CU criterion — subsection B.3b —and the proposal indicates that the applicant will have constructed required street improvements, details to be determined in concert with ODOT as well as the City Engineer. Illumination A lighting condition addresses the illumination factor c. of the third CU criterion — subsection B.3c(2) —for altered and additional exterior fixtures in order to prevent light encroachment into ROWs and adjacent residentially zoned property as well as light pollution — glaring into others' eyesight. (WDO 3.05.02L and Ordinance No. 2338, Section 5A Light Trespass regulate aspects of exterior lighting, but fail to regulate fixture cut-offs or shielding as well as mounting heights. The conditional use criteria are met. Staff recommends approval with conditions of the request. ANX 2019-01 Staff Report Attachment 102 Page 54 of 82 90 Variance Provisions The variance application is for one request to raise the compact parking percentage maximum (3.05.03C) The applicant submitted narrative text addressing the criteria. Variance Criteria 5.03.12 Variance A. Purpose:The purpose of this Type III Variance is to allow use of a property in a way that would otherwise be prohibited by this Ordinance. Uses not allowed in a particular zone are not subject to the variance process. Standards set by statute relating to siting of manufactured homes on individual lots; siding and roof of manufactured homes; and manufactured home and dwelling park improvements are non-variable. B.Criteria:A variance may be granted to allow a deviation from development standard of this ordinance where the following criteria are met: 1. Strict adherence to the standards of this ordinance is not possible or imposes an excessive burden on the property owner, and 2.Variance to the standards will not unreasonably impact existing or potential uses or development on the subject property or adjacent properties. C. Factors to Consider:A determination of whether the criteria are satisfied involves balancing competing and conflicting interests.The factors that are listed below are not criteria and are not intended to be an exclusive list and are used as a guide in determining whether the criteria are met. 1.The variance is necessary to prevent unnecessary hardship relating to the land or structure, which would cause the property to be unbuildable by application of this Ordinance. Factors to consider in determining whether hardship exists,include: a. Physical circumstances over which the applicant has no control related to the piece of property involved that distinguish it from other land in the zone,including but not limited to, lot size,shape,and topography. b.Whether reasonable use similar to other properties can be made of the property without the variance. c.Whether the hardship was created by the person requesting the variance. 2. Development consistent with the request will not be materially injurious to adjacent properties. Factors to be considered in determining whether development consistent with the variance [is] materially injurious include, but are not limited to: a. Physical impacts such development will have because of the variance,such as visual, noise,traffic and drainage,erosion and landslide hazards. b. Incremental impacts occurring as a result of the proposed variance. ANX 2019-01 Staff Report Attachment 102 Page 55 of 82 91 3. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms or parks will not be adversely affected because of the variance. 4.Whether the variance is the minimum deviation necessary to make reasonable economic use of the property; 5.Whether the variance conflicts with the Woodburn Comprehensive Plan. Variance Request: Compact Parking Percentage Maximum 3.05.03C The applicant's sole variance request is to raise the maximum from 20%. Because the applicant's variance narrative (submitted September 2, 2020; p. 2) specifies 37.78%, but the applicant's cover letter of September 2, 2020 (p. 2, Item CCC) specifies 38.78%, staff goes by the 38.78%figure and rounds it to 39% for simplicity, to provide a little civil engineering tolerance for site plan refinement for the building permit stage, and to facilitate administering the variance. The narrative states: "Due to density requirements and pedestrian path requirements, additional compact parking stalls were needed in order to meet parking and design standards for this project. ...The variance will not impact the existing or potential uses or development. ... Providing additional compact parking allows the development to provide more then [sic] adequate parking spaces." What the applicant means is that in order for the development to lessen driving, encourage walking and cycling, and provide residents and visitors — particularly the young and the elderly— a sense of safety from cars, staff persuaded the developer to propose an on-site bicycle/pedestrian path, the "pedestrian path" to which the applicant refers. Second, staff persuaded the developer to maximize site area available for landscaping, including tree preservation and additional trees, and common area improvements. Staff emphasizes that compact parking has no effect on the parking ratio minimum, and adds that the proposed development exceeds the minimum with 10 excess stalls. Staff concurs also that the variance would not harm the development itself or adjacent properties. . The variance criteria are met with a Variance condition or conditions. ANX 2019-01 Staff Report Attachment 102 Page 56 of 82 92 ENININININININIENNINEINEM Annexation Provisions Because the proposal is for annexation, per 5.04 it requires a Type IV review with City Council decision. The applicant submitted application materials on June 7, 2019 and revised and additional materials through October 7, 2020 (excerpted within Attachment 103). 5.04.01 Annexation A. Purpose: The purpose of this Type IV review is to provide a procedure to incorporate contiguous territory into the City in compliance with state requirements,Woodburn Comprehensive Plan,and Woodburn Development Ordinance. B. Mandatory Pre-Application Conference: Prior to requesting annexation to the City, a Pre- Application Conference(Section 4.01.04)is required. ... C. Criteria: 1. Compliance with applicable Woodburn Comprehensive Plan goals and policies regarding annexation. 2. Territory to be annexed shall be contiguous to the City and shall either: a. Link to planned public facilities with adequate capacity to serve existing and future development of the property as indicated by the Woodburn Comprehensive Plan; or b. Guarantee that public facilities have adequate capacity to serve existing and future development of the property. 3. Annexations shall show a demonstrated community need for additional territory and development based on the following considerations: a. Lands designated for residential and community uses should demonstrate substantial conformance to the following: 1) The territory to be annexed should be contiguous to the City on two or more sides; 2) The territory to be annexed should not increase the inventory of buildable land designated on the Comprehensive Plan as Low or Medium Density Residential within the City to more than a 5-year supply; 3) 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. ANX 2019-01 Staff Report Attachment 102 Page 57 of 82 93 5) Annexed fulfills a substantial unmet community need,that has been identified by the City Council after a public hearing. Examples of community needs include park space and conservation of significant natural or historic resources. b. Lands designated for commercial,industrial and other uses should demonstrate substantial conformance to the following criteria: 1) The proposed use of the territory to be annexed shall be for industrial or other uses providing employment opportunities; 2) The proposed industrial or commercial use of the territory does not require the expansion of infrastructure,additional service capacity,or incentives that are in excess of the costs normally borne by the community for development; 3) The proposed industrial or commercial use of the territory provides an economic opportunity for the City to diversify its economy. D. Procedures: 1. An annexation may be initiated by petition based on the written consent of: a. The owners of more than half of the territory proposed for annexation and more than half of the resident electors within the territory proposed to be annexed; or b. One hundred percent of the owners and fifty percent of the electors within the territory proposed to be annexed; or C. A lesser number of property owners. 2. If an annexation is initiated by property owners of less than half of property to be annexed, after holding a public hearing and if the City Council approves the proposed annexation,the City Council shall call for an election within the territory to be annexed. Otherwise no election on a proposed annexation is required. E. Zoning Designation for Annexed Property: All land annexed to the City shall be designated consistent with the Woodburn Comprehensive Plan,unless an application to re-designate the property is approved as part of the annexation process. F. The timing of public improvements is as follows: 1. Street dedication is required upon annexation. 2. Dedication of public utility easements(PUE) is required upon annexation. 3. Street improvements are required upon development. 4. Connection to the sanitary sewer system is required upon development or septic failure. 5. Connection to the public water system is required upon development or well failure. 6. Connection to the public storm drain system is required upon development. Regarding subsection B., staff hosted the pre-application conference (Pre-App PRE 2019-08) on May 1, 2019. The applicant submitted a revised annexation narrative dated October 24, 2019 that includes a request that the City designate the annexed territory with the Commercial General (CG) zoning district. ANX 2019-01 Staff Report Attachment 102 Page 58 of 82 94 Regarding the criteria of subsection C.: 4. The City Comprehensive Plan, Section G. Growth Management and Annexation contains annexation policies on pp. 30-31. The annexation criteria in the WDO already reflect the goals, including efficient City services. First, the territory to be annexed is within the Woodburn Urban Growth Boundary (UGB). The premise of a UGB is to define an area feasible for the City to provide services to greenfield development over approximately 20 years as described in the Comprehensive Plan. So, in this way the annexation of territory within the UGB is consistent with the comp plan. Second, the territory also is adjacent to infrastructure that development can make use of or extend into the territory to develop it: • Roads and street: Molalla Road (Oregon Highway 211) borders to the property to the south, providing a means of access. The annexation legal description and its map Exhibit B include the right-of-way (ROW) adjacent to the site. • Transit: Along Parr Rd, the City and other agencies could run transit vehicles. • Potable water, sanitary sewer, and stormwater sewer: These are adjacent or nearby, and as the Public Works Department Directs at the permit stage, the developer will upgrade and extend them as necessary to provide laterals to the site development and for these upgraded and extended utilities to accommodate the demands of the development. • Other: Other franchise utility providers attend to such utilities as electric power, cable television and internet, natural gas, and cellular wireless telephony, often using existing or extended ROWs. 5. The territory is contiguous to the City. Per the comp plan and with implementation through the WDO, upon development of the territory the City would require improvements that guarantee that public facilities have adequate capacity to serve such development. The Public Works Department identified no impediments to serve the development that would not be resolved at the permitting stage. Additionally, the applicant's narrative (pp. 2-3) states: "The developer is responsible for the cost of extension of improved water, sewer and storm drainage facilities necessary to serve the site. Internal development of public and private facilities necessary to serve the development will occur at the building permit review stage. ANX 2019-01 Staff Report Attachment 102 Page 59 of 82 95 Applicable state or federal permits are required to be obtained for issuance of building or construction permits from the City." Staff concurs. 6. Examining the considerations under subsection b. because the Comprehensive Plan land use map designates the territory Commercial, and the territory is to be designated with the Commercial General (CG) zoning district consistent with both the applicant's request and Comprehensive Plan Policy Table 1: a. The applicant's narrative (p. 4) states: "The territory being annexed is not for industrial uses. However, the site will be annexed into the City with a CG zone designation that will allow commercial development on the site.The subject property will provide a location for commercial and residential uses. The subject property is currently underutilized and by developing the site the proposal will improve the economic viability of the location.The site is currently unproductive. Redevelopment contributes to the economic base of the urban area.The site will offer economic diversification because it will provide for the expansion of new residential development." Staff concurs. b. The applicant's narrative (p. 4) states: "All necessary and appropriate public services and facilities essential for development will be provided to this property at levels that are adequate to serve the proposed use. The developer is responsible for the cost of extension of improved water, sewer and storm drainage facilities necessary to serve the site. Internal development of public and private facilities necessary to serve the development will occur at the building permit review stage." Staff concurs. c. The applicant's narrative (p. 4) states: "The subject property is currently underutilized and by developing the site the proposal will improve the economic viability of the location. Redevelopment contributes to the economic base of the City.The site will offer economic diversification because it will provide for the expansion of new residential development." Staff concurs. ANX 2019-01 Staff Report Attachment 102 Page 60 of 82 96 (Note that although the consolidated application package includes a Design Review [DR] to develop an apartment complex that seems inconsistent with CG zoning, as examined farther below in the Conditional Use Provisions section, multiple-family dwellings are a conditional use in the CG zoning district, and a CU application is included within the package.) Annexation of the subject territory demonstrates substantial conformance with the criteria. Regarding D., the applicant obtained the requisite written consent and such that no election is needed. Regarding E., the applicant confirms the proposal includes no request to amend the Comprehensive Plan land use designation or upon annexation to designate the territory with City a zoning district other than CG. (Pursuant to Comprehensive Plan Policy Table 1, CG, Downtown Development and Conservation (DDC), and Commercial Office (CO) are the only three zoning districts that implement the Commercial designation.) Regarding F., the applicant need not address subsection 1. because the territory to be annexed includes adjacent ROW and because the public improvements including ROW and public utility easement (PUE) dedications that F. describes are addressed through Design Review (DR), i.e. the site plan review process, instead of annexation itself. The criteria are met. ANX 2019-01 Staff Report Attachment 102 Page 61 of 82 97 Recommended Conditions of Approval Staff recommends approval of the consolidated applications based on the findings in the staff report and attachments, which are incorporated by this reference, as well as applying the following conditions of approval: General G1. As part of building permit application, the applicant shall submit revised site plans meeting the conditions of approval and obtain Planning Division approval through sign-off on permit issuance. G2. The applicant or successors and assigns shall develop the property in substantial conformance with the final plans submitted and approved with these applications, except as modified by these conditions of approval. Were the applicant to revise plans other than to meet conditions of approval or meet building code, even if Planning Division staff does not notice and signs off on building permit issuance, Division staff retains the right to obtain restoration of improvements as shown on an earlier land use review plan set in service of substantial conformance. G3. References: The descriptions below define certain words, phrases, and assumptions in the context of the conditions of approval: • "Access way" means an on-site walkway paved at least nine (9) feet wide to serve as a bicycle/pedestrian path, also known as a multi-use path, to and from sidewalk— or to and from an off-street public bicycle/pedestrian path — and that is ADA-compliant and not gated. • "ADA" refers to the federal Americans with Disabilities Act of 1990. • "apt" refers to apartment. • "D1 & "D2" driveways refer to the two driveways from west (main) to east (secondary). • "County" refers to Marion County. • "Director" refers to the Community Development Director. • "EV" refers to electric vehicle. • "exc." means excluding. • "ft" refers to feet. • "grove" refers to the cluster of four Significant Trees as WDO 1.02 defines in the southeast front yard. • "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. ANX 2019-01 Staff Report Attachment 102 Page 62 of 82 98 • "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. • "OR 211" refers to Oregon Highway 211/ Molalla Road. • "Parking court" means each of three peninsulas of on-site surface parking extending southeast and framed by a "U" of five buildings. Phase 1 has one and Phase 2 has two. • "PLA" refers to property line adjustment. • "PUE" refers to public utility easement. • "PW" refers to Public Works (the department) or public works (civil infrastructure) depending on context. • "Root barrier" refers to that illustrated by PW SS&Ds [:)i- wiiii I`o, 1. `Stii,ee � i- If)ll i�ti% ... ........ .... . i „i New Coii]sti:iiFluct!oii°�'". ................................................................................................................................. • "ROW" refers to right-of-way. • "SDCs" refers to system development charges, also known as impact fees. • "SE" means southeast. • "Speed table" means an access way or walkway crossing of a drive aisle that: is concrete; with a tabletop that is raised at least four (4) inches above drive aisle grade, at least 9 ft wide for an access way or 6 ft wide for a walkway, flat, and scored, stamped, or otherwise treated (such as with bricks or pavers) to have a pattern; and, with the vehicular ramps striped in compliance with MUTCD Figure 313-30, Option A, and with minimum and maximum slope ratios of 1:25 and 1:10 respectively. • "sq ft" refers to square feet. • "SS&Ds" refers to PW standa.r;�,),,,,,,s„l�..,u;�;,�,�;,a,;t,u„��„�;�,s,,,,,a„�;�,�),,,,,�,r;a„�✓,u„��,g,s. • "Street Corridor'C”' refers to a conceptual alignment of a street that implements TSP Figure 6 Local Street Connectivity Plan (2019), which through three blue arrows indicates street extensions into the northeastern area of the UGB east of U.S. 99E and north of OR 211, one each from U.S. 99E,June Way, and Cooley Road. The conceptual alignment as a street with 72 ft of ROW extends Cooley Road — hence the letter "C” — northwesterly towards the subject property, west across the north end of the subject property, and continuing west to U.S. 99E. The corridor refers to both the alignment and a public easement that reserves the segment of the corridor on the subject property ("reservation") while allowing construction of private surface improvements other than buildings — and other than structures like carports and trash enclosures—and their use for an indefinite time. • "Street trees" refer to trees that conform to the WDO, including 3.06.03A and Tables 3.0613 & C. • "SW" means southwest. ANX 2019-01 Staff Report Attachment 102 Page 63 of 82 99 • "TPU" means the ra_nsit Pla _l D„ ja 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 ........ ....................... ........... ....... • "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. • WDO refers tot eWoobu.rn DWve.ol„ „ Ordnance. .................................................................................................................... a ,;,,,,, .............................................................. • "WTS" refers to the Woodburn Transit System. • "VCA" refers to vision clearance area as WDO 1.02 and 3.03.06 establish or as a specific condition establishes. G4. Due dates/ public improvements: a. By application: Unless a condition specifies otherwise, conditions including those relating to any of final subdivision, final partition, property line adjustment or lot consolidation recordation are due by building permit application. Prior to both any recordation of any final subdivision, final partition, or property line adjustment and building permit application, the applicant shall submit and obtain approval of an Addres„s Assu„g r„�r!..I R�Wq�.est. b. By issuance: Unless a condition specifies otherwise, ROW and easement dedications and recordation(s), construction of frontage/street improvements, and construction of off- site, park, and other public improvements are due by building permit issuance. Where phasing is relevant, building permit issuance means issuance for the phase in which the conditioned improvement is located. G5. Recordation due dates: The applicant shall apply to the County for recordations of items that the City requires no later than six (6) months prior to expiration of the land use approval as WDO 4.02.04B establishes, and shall complete recordations no later than three years past the land use "final decision” date. The due date to complete recordations shall not supersede when recordations are due relative to the building permit stage. G-PW. Public Works: Follow the appended Public Works comments (October 13, 2020; Attachment 102A). If conflict arises between implementation of public works conditions and referenced standards in that document with implementation of the remaining conditions in this document, the Assistant City Administrator would arbitrate or mediate based on guidance from legal counsel, the Director, the Public Works Engineering Director, and the City Engineer. Conditional Use 2019-04 ANX 2019-01 Staff Report Attachment 102 Page 64 of 82 100 CUL Frontage/street improvements: These shall be: a. Planter strip: 8 ft wide min, exc. curb dimension. b. Street trees: 1 per 30 ft of frontage, equaling 10 trees per frontage. For up to no more than one of the min trees required along the frontage, the developer may pay a fee in- lieu of$125 per tree. This fee provision is intended to substitute for the applicant invoking WDO 3.06.03A.3 (Director modification/relocation). c. Sidewalk: 8 ft wide min, which may overlap the PUE with granting of public access via either the PUE or separate easement, and with the gap between its east dead-end and the OR 211 shoulder connected diagonally with pavement. CU2. Tree preservation: a. ROW: Street improvements, including both frontage and off-site improvements, shall preserve any existing alive trees, including through meandering sidewalk. b. On-site: Development shall preserve the grove. CU3. Access way & walkways: a. Access way: It shall be: (1) Extent: Extend as proposed (via land use review Sheets SDR1, 4, & 5) most of the subject property depth at least as far north as the south side of the northernmost east-west drive aisle and follow a route among the common building, grove, and 12 min of the apt buildings. (2) Decorative paved areas: At least 1,500 sq ft of access way shall be either paved with any of decorative bricks or pavers or paved with concrete that is scored, stamped, or otherwise treated to have a pattern. (The intent is for the developer to apply this to the proposed three circular bulges along the access way and excludes the square footage of unpaved holes in the doughnut shapes of these areas.) (3) Speed table: Each crossing of a drive aisle shall be a speed table as a General (G) definitions condition specifies. (4) Trees: At each of the landings on the south side, a landscaped island 8 ft wide min between insides of curbing and extending 14%2 ft min, exc. curb dimension. Each island shall have a tree. Along the length of the access way within 6 ft of the west edge, 19 trees min. (5) VCA: Each crossing shall have two small VCAs, one each at the north landing, east side and the south landing, west side. The VCA triangles shall measure from 6 by 6 ft from the intersecting edges of access way and drive aisle, and no parking stall shall overlap VCA. b. Walkways: 6 ft wide min, excepting the walkway north of the pool, the walkway southeast of the trash enclosure, and walkways from any of emergency exit/employee- only mandoors or a maintenance shed. Exceptions shall be 4 ft wide min. Walkway crossings of drive aisles shall be zebra-striped. The developer shall install at least 2 ANX 2019-01 Staff Report Attachment 102 Page 65 of 82 101 crossings not only as striping but also as extensions of poured concrete: the west crossing of each of the middle and south east-west drive aisles. CU4. Common area improvements: They shall include: a. Benches: 12 min, each 6 ft wide min, and 75.0% min with backs. A concrete or masonry seat wall may substitute for a backless bench for each segment that is 6 ft wide min, 1% ft high and deep min, and includes a cap of smoother concrete. Place 8 min benches along the access way preferably near the major deflections, 2 min in or near the grove, and 1 min at the common building. Benches shall be set back 1%ft min from edge of access way or walkway. b. Picnic benches: 2 min, each square. 1 min ADA-compliant (with one of the four sides omitting a bench seat) on a paved pad. Place 1 min in the shelter. c. BBQ: As proposed, a barbeque (BBQ) grill. d. Patio: As proposed, a patio adjacent to the common building. e. Shelter: At least one gazebo, pavilion, or shelter with narrowest dimension of 12 ft, 288 sq ft min, ceiling height 10 ft min, and placed near the grove. f. Path: A bark dust or wood chip path 3 ft wide min shall connect the access way from near the common building through the grove to the walkway along the east north-south drive aisle. Administrative minor adjustment by the Director to common area improvements is permissible. CUS. Trash enclosure: Shall include a separate pedestrian entrance 3 ft, 4 inches wide min. If gated, the gate shall be a push gate that either swings into the enclosure or in both directions. CU6. Balconies and patios: WDO 3.07.05B.1 (area/size and narrowest dimension) shall apply as min standards, except that for whatever balconies and patios among those proposed exceed these dimensions, their larger areas/sizes and wider narrowest dimensions shall be the min standards for those: a. Patios: 8 ft min narrowest dimension and 96 sq ft min. b. Balconies: 8 ft min narrowest dimension and 80 sq ft min. Parking CU7. Maximizing available parking for residents: a. Mail carrier stall: The proposed stall designated for mail carrier parking shall be available for resident parking on official postal holidays, Sundays, and remaining days outside the hours of 8 a.m. to 6 p.m. A sign 1% by 1 ft min shall note the range of hours when a space is limited to mail carrier parking and specify that it is available for resident parking outside the specified hours. b. Visitor parking: If the developer or property management company were to designate and mark a number of parking spaces as leasing office visitor parking, then the spaces ANX 2019-01 Staff Report Attachment 102 Page 66 of 82 102 shall be available for resident parking before and after office hours. A sign 1%2 by 1 ft min shall note the range of hours when a space is limited to visitor parking, for example 10 a.m. to 6 p.m., and specify that it is available for resident parking outside the specified hours. Landscaping CUB. Bark dust: 5.0% max of landscaped area may be bark dust. CU9. Evergreen: 4 min of trees new to the site. The 4 shall be 1 min of the following coniferous or evergreen species: Cedar, Western Red Madrone, Pacific ................................................................................................................................................................................................................................................................................................................................... Douglas-FirOak, Oregon White ................................................................................................................................................................................................................................................................................................................................... Fir, Grand Pine, Ponderosa; and ................................................................................................................................................................................................................................................................................................................................... Hemlock, Western Yew, Pacific CU10. Front yard trees: The front yard shall have a loose row of trees that complements the row of street trees. 9 min, placed at an approximate average o.c. spacing of 1 per 30 ft of frontage, and with trees new to the site placed at least 4 ft from edge of sidewalk and 20 ft max from ROW. CU11. Overhang/wheel stops: a. Overhang: In parking aisles along the rear and sides of the subject property, standard size stalls shall overhang curbing and landscaping by 1 ft min, as WDO Figure 3.05C allows up to 2 ft max. b. Wheel stops: Wheel stops anywhere within the site development shall be 4 inches high max. CU12. Parking area trees: a. Each parking aisle shall have between the ends of the aisle at least one landscaped island that is 6%2 ft wide min between insides of curbing and extends 14%2 ft min, exc. curbing, into aisles with perpendicular or angled stalls and at least 7%2 ft, exc. curbing, into aisles with parallel parking. A drive aisle with parking on both sides has two parking aisles, and the access way crossing landscaped islands conditioned elsewhere do not count towards this condition. b. Each island shall have a tree. CU13. Screening: Evergreen hedge or shrubbery shall be screen at-grade electrical and mechanical equipment along their sides, excepting the side intended for technician access. CU14. Bicycle parking: ANX 2019-01 Staff Report Attachment 102 Page 67 of 82 103 a. Amount and distribution on site: The developer shall provide bicycle parking as follows: (1) Outdoor closets (220): 1 stall min per dwelling in each dwelling in the outdoor closet of the balcony or patio in which the developer shall install a wall-mounted folding or retractable hook designed for the hanging of a bicycle; (2) Outdoors (242): 242 stalls min outdoors, outside of patio and balcony closets. 2 stalls min within 10 to 15 ft of ROW (as guest parking), and 62 min along the access way; (3) Stairwells (37 to 74): The developer may meet some of the outdoors min by placing 1 stall min at the base of each building stairwell, with each of these locations having a bicycle parking sign 1% by 1 ft min; (4) Guest: Of the stalls outdoors 2 stalls min within 10 to 15 ft of ROW and along or near the access way; (5) Front: 2 stalls min outside each apt building spaced to conform to the 50-foot distance provision of WDO 3.05.03E as applied through a Design Review (D) condition —and in addition to and more specifically than that condition, also near the front of each building. The diagram below illustrates what "near the front" means: y BLD �. f° L IL- 18 1.0 0 r „ Exhibit Example Building Context The diagram below represents the exhibit example building context.: n/a n/a n/a n/a Corner Back Corner n/a Left side Building Right side Corner Front Corner Meets* Meets "Front" condition Meets* Exhibit Example Building Context *Stalls partially in a left or right"Meets"area would count as if they were fully in such area. ANX 2019-01 Staff Report Attachment 102 Page 68 of 82 104 (6) In no case shall the total number of bicycle parking stalls equal fewer than 1.1 per dwelling, which equals 242 stalls, and in no case shall the min coverage/sheltering from precipitation of bicycle parking be for fewer than 120 stalls exc. outdoor closet and stairwell stalls. b. Bicycle standards: Stalls shall conform to City of Portland Title 33, Chapter 33.266.220C (amended 2/01/2017, of which staff has a copy), except that the applicant may ignore subsections C6, C7, & CSc, and that C4b does not apply to the outdoor storage closets for which the min stall depth from wall instead shall be 4 ft min. Vertical clearance instead shall be 8 ft min or, where a stall is under stairs, 6 ft min. c. Cover/shelter: 50.0% min of bicycle parking outdoors shall be covered or sheltered from the elements. Bicycle parking within patio and balcony closets and building stairwells do not count towards this requirement. CU15. a. Lighting: If proposed, exterior light fixtures shall be full cut-off or fully shielded and limited in height as follows: (a) Full cut-off: Exterior lighting fixtures shall be full cut-off or fully shielded models. (b) Heights: As measured to the underside of a fixture: a. Wall: Exterior wall-mounted fixtures shall be 8 ft max above walkway finished grade. (This height limit is not applicable to emergency egress lighting and permanent wall signs allowed through WDO 3.10 were they to have interior illumination.) b. Parking pole: Exterior pole-mounted fixtures within 4 ft of or in parking, loading, and vehicular circulation areas shall be 14%2 ft high max above vehicular finished grade. c. Other pole: Remaining exterior pole-mounted fixtures, if any, shall be 10 ft high max above grade. (c) Front yard: The common building south elevation is limited to one exterior wall- mounted fixture, and the first 20 ft of front yard are limited to one pole-mount. (d) Any on-site permanent signage shall also be subject to (a). CU16. Window area: The common building west elevation, which is the building front, shall have 30.0% min window area and the south elevation, which faces OR 211, 21.5% min, both through transparent glass. CU17. Parking management: This shall be as follows: a. Survey: The applicant or any successor and assigns such as a property manager shall collect data about off-street parking usage or allocation and provide it to the City to the attention of the Director. (1) Reporting period: Collect data by each half of a year—January through June and July through December. Submit each biannual report by the last City business day ANX 2019-01 Staff Report Attachment 102 Page 69 of 82 105 in the last month of the next quarter of a year and that is not a federal holiday. (For example, a report for January through June 2022 would be due by September 30, 2022.) (2) First report: The first report shall cover whatever irregular length of time would pass between phase occupancy and the end of the next half of a year ending June or December. (3) Attributes: Collect and report on: (a) Geography: Report numbers divided between Phases 1 & 2 (as defined in Condition G3). (b) The number of off-street spaces/stalls that are available and how many, if any, are closed due to occasional events such as parking area resurfacing, temporary outdoor events, outdoor storage, or the stationing of large trucks or truck trailers. (c) Track stalls and usage by type: regular standard size, regular compact, accessible/ADA/handicap, EV, and any other type (such as those designated for visitors, leasing office employees, staff golf cart, or mail carrier). (d) Collection: The property manager shall do field counts as per condition subpart (4 "field count") below and also provide a separate set of assumed counts based on lease agreements, i.e. what tenant households are allocated a stall or stalls and for what periods, assumed that stalls are occupied as lease agreements describe. (e) Usage: Report how many stalls are used and allocated. For vacant apartments in the context of assumed counts, record stalls associated with vacant apartments as unallocated. (f) If and when a parking area resurfacing project were to happen, provide written notice to the Director of approximate start date and duration, location, and number of stalls involved. (g) Format: Use tables to report by phase absolute numbers and percentages of stall type occupancies. Include phase and sitewide totals. (4) Field count: The property manager shall do at least two field counts per reporting period, meaning to travel the project and count in real time occupied and vacant stall types such as by marking a project site plan. Each count shall be on Tuesday, Wednesday, or Thursday that is neither a federal holiday nor within a week (7 days) of a federal holiday. One count shall be daytime starting no earlier than 9:30 a.m. and concluding no later than 4:30 p.m., and one count shall be nighttime starting no earlier than 10:00 p.m. and concluding no later than 12:30 a.m. Report when on a given date the counts were done and how long it took, for example, from 11:30 a.m. to noon. (5) Bicycle parking: For outdoor bicycle parking stalls, including those within stairwells but excluding outdoor closets, the property manager shall also do field counts the ANX 2019-01 Staff Report Attachment 102 Page 70 of 82 106 same way as per condition subpart (4) above and as part of the larger report confirm the total number of existing outdoor bicycle stalls. (6) Parking demand management: The reporting that a parking demand management condition requires, if it exists, may be incorporated with the parking usage data collection report. (7) Context: In each report, cite the project name, phases, street addresses, master/parent case file number ANX 2019-01 and child case file number CU 2019- 04, and the condition identification(s), state what period the report covers, state the number of vacant apartments and when and how the number was determined given fluctuation over six months, and provide an employee name and direct contact information for questions City staff might have. (8) Intent: It is not the express intent of this condition to police property management or punish tenants or management for perceived misuse of parking, but instead without judgment to collect data on how parking is actually used in a conventional large apartment complex. (9) Change of ownership: If and when property ownership were to change, the property manager shall pass along record of the conditions of approval to the contract purchaser and successive property manager. (10) Expiration: This parking usage/allocation data collection condition becomes optional as of July 1, 2031. If reporting were to cease, the last report—for the January to June 2031 period —would be due September 30, 2031. CU18. Buildings: It shall be: a. Windows: (1) Proportion: All windows shall be square or vertically proportioned, except that horizontally proportioned windows are allowed if they have grilles or muntins dividing lights or panes so as to be vertically proportioned. (2) Per room: Within apts, every habitable room abutting a building exterior wall shall have min one window. (3) Insect screens: All operable windows shall have insect screens. b. Scuppers: Any building rainwater scuppers shall not to dump onto the pavement of an access way or walkway. CU19. EV: Electric vehicle parking shall be as follows: a. Number: Influenced by OAR 918-020-0380 "Electric Vehicle Ready Parking" and as proposed, a minimum of either 9 stalls or 2.0% of minimum required parking— whichever is greater—shall be a designated EV stall or stalls and with a Level 2 or higher charging station or stations, which the landowner may limit to tenant use. b. Placements: In 3 groups min, and with group distribution of 2 groups min in the south east-west drive aisle and a group min in the middle east-west drive aisle. ANX 2019-01 Staff Report Attachment 102 Page 71 of 82 107 c. Striping: Stripe each stall in lettering 1 ft high min "ELECTRIC VEHICLE CHARGING" or similar and stencil of an EV image or logo. d. Signage: Post at each stall a wall-mounted or pole-mounted sign for "Electric Vehicle Charging Only" or similar and include an EV image or logo. Each sign 1% by 1 ft min with top of a posted sign between 5% and 6%ft high max above vehicular grade. e. Management/operations: The property manager: (1) Shall keep EV stalls available for EVs and plug-in hybrid vehicles and keep conventional gasoline vehicles from parking in them. Priority users shall be tenants and property management company employees; guests/visitors would be secondary. (2) May charge EV stall users for the costs of charging an EV through a charging station, but shall not (a) charge tenants for either simply parking an EV or plug-in hybrid vehicle in an EV stall or for leaving such a vehicle parked without actively charging, and (b) shall charge to recoup costs to the property manager and not generate profit for the property manager. (This does not preclude the property manager contracting with a for-profit company to manage EV charging stations). (3) Shall not charge any fee that discriminates among particular EV parking stalls based on the perception of some stalls being more convenient or otherwise desirable than others. Design Review 2019-06 D1. ROW: To meet WDO Figure 3.0113, as part of recordations and regarding OR 211, the applicant shall dedicate (a) variable width ROW resulting in half-street ROW that is uniform 50 ft wide min measured from road centerline, and (b) along the ROW a PUE 10 ft min. D2. Street corridor: To meet WDO 3.01, as proposed as part of recordations and regarding Street Corridor "C", the developer shall dedicate a PUE of 82 ft min width across the north end of the subject property, and shall revise the draft easement text to contain: a. In the body or an Exhibit C, a description that the easement serves to implement Woodburn Comprehensive Plan Policy H-2.2 and Transportation System Plan (TSP) Figure 6 (2019) by reserving on the subject property a segment of Street Corridor"C"for a future street that would connect Cooley Road and either or both June Way and U.S. 99E and that would be ROW of 72 ft width with remainder 5-ft PUEs along the south side or both sides; and b. One instance min of the phrase "street reservation and public utility easement" in any of the title, body, map Exhibit B, or an Exhibit C. D3. Driveways: ANX 2019-01 Staff Report Attachment 102 Page 72 of 82 108 c. Number: To meet WDO 3.04.03B.1 regarding access management, the number of driveways shall be limited as follows: (1) D1, 32 ft wide max; and (2) D2 and its throat being one-way exit-only, 12 ft wide max, and with a do-not-enter sign that complies with MUTCD Figure 2B-11, sign R5-1 placed at a location within the ROW or PUE as ODOT directs. .................................................................................. I �G tlj..t d. Approach/apron/curb cut: Driveways shall conform to PW SS&Ds, Sect ion4 i„" J, unless overridden by ODOT choosing to apply its standards. e. Traffic control: To meet WDO 3.05.02J: As proposed, a striped walkway near and to the trash enclosure shall delineate the edge of the min drive aisle width,the delineated width being 24 min and 26 max, to discourage over-swing by turning drivers. J a� . o. rY u t, \ C.iii rira 1 57"W 150,44' p c it D4. Cross access: To meet WDO 3.04.03B, the developer shall: a. Extend a drive aisle stub to the property line along each of the following properties: Tax Lot Address Description 051W09B000700 2155 Molalla Rd NE Ashland Brothers Landscapes, Inc. 051W09B000800 2149 Molalla Rd NE Lin rural residence 051W09B001000 none Carson-Jeske rural residence extra rear ya rd 051W08A005200 2045 Molalla Rd NE Undeveloped church property b. At the interface of a property line and a drive aisle stub, fixed obstructions including curbing is prohibited. (The developer may instead place signed barricades atop the pavement.) c. To meet WDO 3.04.03B.1 & 3, establish a public access easement and private maintenance agreement to the satisfaction of the Director and revocable only with the ANX 2019-01 Staff Report Attachment 102 Page 73 of 82 109 concurrence of the Director. d. The public access easement shall grant public access to and from Highway 211 via at least the western driveway if not both driveways. e. The easement width shall be minimum twenty (20) feet, centered on driveway and drive aisle centerlines, and span between the driveway(s) and each of the drive aisle stubs. D5. Parking striping: The developer shall: a. Signage/striping: To meet WDO 3.05.02J, designate compact stalls "COMPACT" in lettering one 1 ft high min. b. Double striping: To meet WDO 3.05.02K,delineate parking stalls with double parallel lines pursuant to WDO Figure 3.05C. D6. Bicycle parking near main entrance: To meet WDO 3.05.03E, prior to building permit final inspection the applicant shall provide bicycle parking within fifty (50) ft of a main entrance. In the context of a new construction apartment complex with conventional three-story buildings with open stairwells, each apartment building has two main entrances as follows: a. In all apartment buildings except Building U there are four points where a building main wall plane intersects the walkway serving building ground floor entrances and the stairwell to upper floor entrances; b. A Building U there are two such points; c. Each building has either (a) two walkways with two points each totaling the four or (b) one walkway with two points total; and so d. The condition shall apply to three points min for all except Building U, one point min for Building U, and apply to one point minimum per walkway. D7. Patios: Visual separation shall conform to WDO 3.07.0513.1a as follows: a. Pavement: As proposed, patios shall be paved with brick, concrete pavers, or poured concrete. b. Railings/fencing & gate: The outermost edges of patio concrete slabs that do not abut building walls shall have either metal or wood railings or cedar wood fencing at least 3 ft high. If the latter, then opacity shall be full, but if fencing is higher than the minimum height, it shall be no more than 90% opaque, such as by being fully opaque from grade but from the top having a lattice pattern. The railings or fencing shall have a gated opening at least 2 ft and 4 inches wide. c. Height maximum: the railings or fencing maximum height shall be either 5 ft or, where a patio faces the access way, 3% ft. d. Shrubbery: Evergreen shrubbery shall line fully the outermost edges of patio concrete slabs, except along the gated opening. Design Review 2019-06: Transportation ANX 2019-01 Staff Report Attachment 102 Page 74 of 82 110 ........................................................................................................................................................................................................................................................................................................................ 25% p� 35/a 'w s sBURN- 7� ��I`+wyy Y1Wy. Q(r II69 i MT,HOWAkVE. ..:CeRTIdC.P4C p, 'wJK1'CLjIA,.,,; RD. ?14 A, Q ,/��. IF Sin 3°fin w x � 0. ".,....."ARDOkSa°LIE RD. 25% Exhibit T Vicinity map T-A1. U.S. 99E & OR 211/214: a. Signal timing: The developer shall pay a mitigation fee or fee in-lieu of$10,000 to fund a transportation study, specifically a study of signal timing, appropriate mitigation of the operational (mobility) deficiency and elevated crash rate, and related details in coordination with ODOT. [TIA &TSP R141 b. Mitigation for Operational and safety deficiencies: this proposal exacerbates existing and projected mobility/volume-to-capacity deficiencies as well as an existing elevated crash rate. The applicant shall contribute a proportionate share contribution toward a mitigation project to alleviate these deficiencies. There are two options for this mitigation, one from the TSP, the other from ODOT agency commentary (April 6, 2020) on the TIA: (1) Add a southbound left-turn lane on Highway 99E and a short-length receiving lane on Molalla Road; or (2) Reconfigure the westbound approach at the intersection to provide a dedicated right- turn lane or pocket that leads to Highway 99E northbound through one of the following. c. As this intersection is under ODOT jurisdiction, the agency would need to approve of the appropriate mitigation project in concert with the City Engineer. The forum for this decision would be the signal study noted in Condition T-A1(a). The approved mitigation project shall determine civil engineering details such as channelization, signal modification(s), length,width, placement relative to centerline, markings, ADA-compliant sidewalk/pedestrian crossing improvements and street tree preservation. d. To determine the applicable mitigation fee or fee in-lieu for a proportionate fair share of the mitigation project, the trip contribution method described above yields an estimated 10.1% contribution of this project to the mitigation project's total cost. The signal study ANX 2019-01 Staff Report Attachment 102 Page 75 of 82 111 could address the need to determine the estimate cost of the mitigation project, or the applicant has the option to provide their own estimate based on a study drafted by a licensed civil engineer, advised upon by ODOT, and agreed to by the City Engineer prior to building permit application. e. The developer shall forward a cost estimate with cover letter and contextual documents to the City Engineer and courtesy copy the Director no later than either(i) 5 City business days following the date the City Council authorizes the Mayor or Council President to the sign the land use "final decision" document, or (ii) the effective date of the ANX 2019-01 annexation ordinance. The City Engineer shall choose (i) or (ii) for the developer and identify such in writing to the developer and courtesy copy the Director. T-13131. Sidewalk connection /off-site extension: To further TDM through walking, in addition to the required half-street sidewalk, the developer shall do one of the following: a. Extend sidewalk at 6 ft width min west to the east leg of the T-intersection of OR 211 & June Way, approximately 425 ft distance, and at a point aligned with the east leg, the sidewalk shall turn south and meet the roadway; b. Install a mid-block crossing from the frontage sidewalk, or from a short west extension of said sidewalk, south to existing sidewalk along the south side of OR 211, and with the crossing conforming to PW SS&Ds unless overridden by ODOT choosing to apply its standards; or c. A combination of a. and b. whereby the length of the sidewalk per a. would shorten in relation to how far east of June Way the developer would install a mid-block crossing. d. If the developer were to opt for b., and were either ODOT or City written or drawn public works standards not to exist yet be necessary to establish to administer b., then the developer and City shall default to these improvement elements: (1) At both ends of the crossing, an ADA-compliant transition between sidewalk and roadway; (2) White striping in the form of either two parallel bars or as zebra stripes; (3) The type, number, and placements of signage compliant with the MUTCD for a mid- block crosswalk; and (4) That either ODOT or the City Engineer may require either or both (i) installation of a street light or lights in addition to those required as part of frontage improvements, and/or (ii) that the crossing be actuated or semi-actuated. [TSP Fig. 51 T-13132. Crosswalk installation: To further TDM through walking, the developer shall upgrade the east leg of the T-intersection of OR 211 &June Way into a marked crosswalk and one that conforms to PW SS&Ds, unless overridden by ODOT choosing to apply its standards. a. Either ODOT or the City Engineer may require either or both (1) installation of a street light at or near the north end of the crossing, and/or (2) that the crossing be actuated or semi-actuated. ANX 2019-01 Staff Report Attachment 102 Page 76 of 82 112 b. Were either ODOT or City written or drawn public works standards not to exist yet be necessary to establish to administer this condition, then the developer and City shall default to these improvement elements: (1) At the north end, an ADA-compliant transition between sidewalk and roadway; (2) White striping in the form of either two parallel bars or as zebra stripes; and (3) The type, number, and placements of signage compliant with the MUTCD for a crosswalk along the leg of an intersection. c. There shall result a physical change to existing pavement and/or striping serving as an obvious indication for most pedestrians, cyclists, and drivers. d. Regarding a Condition T-13131 for sidewalk connection / off-site extension, were the developer to opt for its part b. or c., then this Condition T-BP2 would not apply. [TSP Fig. 5] T-13133. Bicycle lane off-site extension: To further TDM through cycling, the developer shall do one of the following: a. Widen the off-site sidewalk, which a separate condition requires, into a bicycle/pedestrian path 8 ft wide min; b. Extend the bicycle lane at 6 ft wide min (per WDO Figure 3.01B) west to the east leg of the T-intersection of Highway 211 &June Way and to the north end of that crosswalk, approximately 425 ft distance. The developer shall add roadway pavement to accommodate both a bicycle lane and either (1) whatever ODOT establishes as road shoulder min width or (2) a buffered bicycle lane such that the lane is min 2 ft away from the edge of travel lane, and towards the west where both the shoulder and ROW narrow, then the developer may taper the buffer to a close; or c. Pay a fee in-lieu of$113,000. [TSP B161 T-13134. Wayfinding: To further TDM, the developer shall do one of the following: a. Install 2 min devices, such as signage, that provide wayfinding to bicycle routes, multi- use paths, parks, schools, and other essential destinations. If the developer were to opt for signage and assuming pole signage, sign face min dimensions shall be 2 ft by 1 ft and the placements shall be one at or near the junction of the access way and sidewalk and one at the T-intersection of OR 211 &June Way. (Note: The developer may mimic the typical wayfinding signage the City approved for the Mill Creek Greenway as Smith Creek Development [ANX 2017-051 adapted from the City of Tualatin, Oregon greenway trail system signage which it in turn had adapted from the Regional Trails Signage Guidelines of The Intertwine Alliance, a trails coalition in the Portland metro area.) b. Pay a fee in-lieu of$3,000. [TSP B40 "wayfinding"/P621 T-T1. Bus transit and vanpool fee: To further TDM through bus transit and vanpooling, the developer shall pay a mitigation fee that is a rate per dwelling of$368.41. [This condition ANX 2019-01 Staff Report Attachment 102 Page 77 of 82 113 relates to TSP projects T1, 2, 4, & 16, TDM1, TSP Fig. F5, and TPU projects 1, 2, 3, 11, 12, 13, 15, & 20.] T-T2. Bus stop bicycle parking: To further TDM through bus transit, the developer shall at each of the following WTS bus stops provide for bicycle parking to the specs specified by the Assistant City Administrator or designee by either (1) installing a bicycle rack in a 6 by 4 ft min concrete pad or (2) paying a fee in-lieu of$510.20: a. U.S. 99E northbound (Express Stop 2) adjacent to Tax Lot 051W08DB02600 (1400 N. Pacific Hwy; Jehovah's Witnesses); b. OR 214 westbound (Stop 17) adjacent to Tax Lot 051W08A005400 (1561 Mt. Hood Ave; Pacific Plaza strip mall); and c. OR 214 eastbound (Stop 13) adjacent to Tax Lot 051W08DB01300 (1540 Mt. Hood Ave; Bi-Mart, Mega Foods). [TSP T181 T-T3. Bus stop shelters: To further TDM through bus transit, regarding the WTS U.S. 99E northbound stop that is adjacent to Tax Lot 051W08DB02600 (1400 N. Pacific Hwy) the developer shall provide for a bus shelter to the specs specified by the Assistant City Administrator or designee by either (a) installing a shelter or (b) paying a fee in-lieu of$12,000. [TPU 9] T-TDM1. Car share: Until July 1, 2025, the Director may invoke as a requirement that the property management team shall contract with a car share company or service, designate and mark a minimum number of parking spaces—which shall be at least one—for one or more shared vehicles for tenant use, and follow program details that the Director establishes as necessary to implement the requirement. Variance 2020-05 V1. Compact parking (WDO 3.05.03C): a. Percentage: The compact parking max as a percentage of the required parking ratio min shall be 39%; instead of 20%typical) and 100% of any amount in excess of the min required. At least 20% of the min amount of stalls shall be compact. b. Striping: The applicant shall stripe each stall with the word "COMPACT" in lettering one 1 ft high min. ANX 2019-01 Staff Report Attachment 102 Page 78 of 82 114 Applicant Identity Applicant Jeff Bolton, Senior Project Manager, I u.ltf�`.rr 1r „ir„gf„i�rr^r„i,i.n Applicant's n/a Representative Landowners) Ivanov Investment Group LLC (Note: The developer is II ,,.,.E...C.Qnst,l, u cIJ on..) 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 4.02.0413. 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. 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 ...... . ..::.//. .. ..i. .:..:. .:.. . ..:u.. .:..:.. ..::..:::/.p.�.. .::.. .. :. "..[/.>. 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. ANX 2019-01 Staff Report Attachment 102 Page 79 of 82 115 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. 11. Public Works Review: Staff performs final review of the civil plans during the building permit stage. Public infrastructure must be constructed in accordance with plans approved by the City,as well as current Public Works construction s„la�W�:ufucations, Standard C�rawuing.. S��a��)ra��„ Peta_u_I„s, and general conditions of a permit type issued by the Public Works Department. 12. ROW: a. Dedication: The Public Works Department Engineering Division has document templates for ROW and easement dedications that applicants are to use. ROW — and public utility easement (PUE) —dedications are due prior to building permit issuance per Public Works policy. b. Work: All work within the public ROWs or easements within City jurisdiction must require plan approval and permit issuance from the Public Works Department. All public ANX 2019-01 Staff Report Attachment 102 Page 80 of 82 116 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 for the installation of all franchised utilities in any required easements. 14. Water: All water mains and appurtenances must comply with Public Works, Building Division, and Woodburn Fire District requirements. Existing water services lines that are not going to be use with this new development must be abandoned at the main line. The City performs required abandonment of existing water facilities at the water main with payment by the property owner. All taps to existing water mains must be done by a "Hot Tap" method and by approved City of Woodburn Contractors. The applicant shall install the proper type of backflow preventer for all domestic, lawn irrigation and fire sprinkler services. The backflow devices and meters shall be located near the city water main within an easement, unless approved otherwise by Public Works. Contact Byron Brooks, City of Woodburn Water Superintendent,for proper type and installation requirements of the backflow device at(503) 982-5380. 15. Grease Interceptor/Trap: If applicable, a grease trap would need to be installed on the sanitary service, either as a central unit or in a communal kitchen/food preparation area. Contact Marion County Plumbing Department for permit and installation requirements, (503) 588-5147. 16. Fire: Fire protection requirements must comply with Woodburn Fire District standards and requirements, including how the District interprets and applies Oregon Fire Code(OFC). Place fire hydrants within the public ROW or public utility easement and construct them in accordance with Public Works Department requirements, specifications, standards, and permit requirements. Fire protection access, fire hydrant locations and fire protection issues must comply with current fire codes and Woodburn Fire District standards. See City of Woodburn Standard Detail No. 5070-2 Fire Vault. The fire vault must be placed within the public right-of-way or public utility easement. 17. SDCs: The developer pays System Development Charges prior to building permit issuance. Staff will determine the water, sewer, storm and parks SDCs after the developer provides a complete Public Works Commercial/Industrial Development information sheet. 18. Public Improvements Civil Plan Review: The process by which to receive, review,and approve drawings and other documents related to public improvements required by these conditions of approval may be paired with or incorporated into building permit review, or, if directed by the City Engineer, through a civil engineering plans (CEP) review process led by the Engineering Division. If opting for CEP, the applicant shall not only follow the direction of the Engineer Division, but also take some actions to facilitate tracking by Planning staff and coordination with Engineering: ANX 2019-01 Staff Report Attachment 102 Page 81 of 82 117 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. ANX 2019-01 Staff Report Attachment 102 Page 82 of 82 118 COUNCIL BILL NO. 3154 ORDINANCE NO. 2591 AN ORDINANCE DESIGNATING ZONING TO APPROXIMATELY 8.62 ACRES OF TERRITORY AT 2145 MOLALLA RD NE LOCATED ALONG THE NORTH SIDE OF OREGON HWY 211 EAST OF JUNE WAY, MARION COUNTY, OREGON AS COMMERCIAL GENERAL (CG) ZONING DISTRICT WHEREAS, the subject property is owned by Ivanov Investment Group, LLC, of which the registered agent is Kiril Ivanov, and is legally described in Exhibit "A" and mapped in Exhibit "B", which are affixed hereto and by this reference incorporated herein; and WHEREAS, the subject property is composed of Marion County Tax Lot 051 W0913000900; and WHEREAS, consistent with Oregon Revised Statutes (ORS) 222.1 1 1 (2) the owner of real property in the territory to be annexed initiated by petition a proposal for annexation, a copy of the petition being on file with the City Recorder (ANX 2019-01 ); and WHEREAS, because the subject property is already within the Woodburn Urban Growth Boundary (UGB), it has an existing Comprehensive Plan map land use designation of Commercial; and WHEREAS, the landowner as applicant requested that, consistent with Woodburn Development Ordinance (WDO) 5.04.01 E., the City designate the annexed territory as Commercial General (CG), which is one of two zoning districts that are consistent with the Comprehensive Plan per its Policy Table 1 ; and WHEREAS, this zoning designation is contingent upon annexation of the subject property to the City of Woodburn, for which the applicant has petitioned and filed the petition with the City Recorder; and WHEREAS, the applicant intends to develop the territory into the Woodburn Eastside Apartments; and WHEREAS, on October 22, 2020 the Woodburn Planning Commission considered the annexation application and, after a duly advertised public hearing, recommended approval of the annexation; and Page - 1 - Council Bill No. 3154 Ordinance No. 2591 119 WHEREAS, on both January 25 & March 8, 2021 , the Woodburn City Council held public hearings, reviewed the record, heard all public testimony presented on said application, and upon deliberation concluded that the proposed annexation meets the applicable approval criteria under City of Woodburn Development Ordinance (WDO) 5.04.01 C.; and WHEREAS, the City Council agenda item cover staff memo of January 25 mentioned that zoning designation follows annexation and that a CG district zoning designation conforms to the Comprehensive Plan land use map designation; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Upon the effective date of the annexation enacted by Ordinance 2590 being considered contemporaneously with this request, the Woodburn Zoning Map is amended designating the zoning on the subject property described in Exhibit "A" and mapped in Exhibit "B" as Commercial General (CG). Approved as to form: City Attorney Date Approved: Eric Swenson, Mayor Passed by the Council Submitted to the Mayor 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. 3154 Ordinance No. 2591 120 Exhibit "A" Commencing at a 11/4" Iron Pipe located at the Northeast corner of Lot 12, Woodburn Fruit Farms as recorded in Volume 2, Page 20, Book of Town Plats in Section 9,Township 5 South, Range 1 West, Willamette Meridian, Marion County, Oregon;thence North 88026'13" West 3476.87 feet to the Northwest corner of Lot 5 of said plat and the True Point of Beginning; thence North 88*14'55" West 434.93 feet to the Northeast corner of Lot 3, of said plat, thence along the east line of said lot South 01038'28" West 695.84 feet; thence South 88*04'13" East 151.24 feet; thence South 0155'20" West 267.42 feet to the North Right of Way line of Molalla Road;thence South 28*17'54" West 102.47 feet to the South Right of Way line of Molalla Road (Woodburn-Estacada Highway Northeast) Oregon Highway 211; thence along said Right of Way line the following 2 calls, South 85*55'26" East 239.94 feet; South 87034'21" East 92.24 feet; thence North 01*35'20" East 1066.22 feet to the True Point of Beginning and containing 9.41 acres more or less. 121 EXHIBIT B POINT OF BEGINNING INITIAL POINT - N88°14'55"W 434.93' N88°26'13'W 3476.87' LOT 12 LOT 13 c vi rn N N Eti N 00O 0 LOT 4 0 WOODBURN LOT U-i WOODBURN V F2 1 200' PIT2FO BOTP ARM o 10/22/2019 FRUIT FARM p rn #6855 V. 2, P. 20 BOTP o LOT 5 x88"04"13"'E z WOODBURN 151.24' FRUIT FARM V. 2, P. 20 BOTP Ln r4 rQ ,- ...a __ °•��"+'V, UVCDBLIMRNOLAyELI'A ROAD J~ 585 55 26 E S1AGADA _.Y.-a ) 239.94' S87o34'21 E OREGON HIGHWAY 211 92.24' 122 .,.� CITY OF WOODBURN si H, „ TT COMMUNITY DEVELOPMENT +0►OT�►B�C..TR Incorporated 1889 MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 Phone(503) 982-5246 Fax(503)982-5244 Date: March 23, 2021 To: Honorable Mayor and City Council Through: Scott Derickson, City Administrator a,,From: Chris Kerr, Community Development Dire Subject: ANX 2019-01 Eastside Apartments (ANX 2019-01) update At the March 8th City Council meeting,the Council unanimously passed a motion granting tentative approval of the proposed annexation and associated development approvals. This motion was based, in part, on the applicant's testimony at the hearing that they would reach out to the owners of a nearby commercial shopping center ("Safeway') to facilitate the construction of a second driveway on their property to alleviate a traffic congestion issue at the shopping center. The applicant stated at the hearing that they wanted the opportunity to reach out to Safeway to try to come to an agreement on this issue and would then return the Council for final approval. Attached is a letter from the applicant's representative which provides the Council with an update on their progress thus far and their intent to have a response from the Safeway owners in approximately 30 days. After the applicant receives a response from Safeway, the matter will be returned to the Council to make a final decision on the project. Feel free to reach out to me with any questions on this item. Attachment: 1. March 19, 2021 letter from Mark Grenz, Multi-Tech Engineering Services, Inc. 123 MUL771T 1155 13th Street FCHSalem, r (503)363-9227 ENGINEERING l , INC. March 191h, 2021 Eric Swenson, Mayor City of Woodburn 270 Montgomery Street Woodburn, OR 97071 RE;. 2145 Molalla Rd NE ANX 2019-01 Dear Mayor Swenson As representative of the Applicant in this project,we first wish to thank the City Council for granting approval for the Annexation and related applications that were before you last week. We appreciated the additional time that the Council invested in working on and granting approval for the addition of this property to the City Limits. In keeping with the Council discussion and approval, the applicant has initiated the process of contacting and working with the owners of the "Safeway" shopping center site. The goal is to provide the owners with a detailed proposal for the new access out of the shopping center at the east end of the property onto Highway 211. We hope to be able to obtain a formal response to our proposal in the next 30 days.The intent is to have such a response that outlines the willingness to permit the construction of the exit driveway onto Highway 211, or to provide a response as to why such an access is not in the best interest of the shopping center. Page I of 124 ENGINEERING SERVICES,INC As was stated at the hearing last week,the"Traffic" experts and ODOT believe this new access is the"best"option to improve the ability for patrons to make that desired left turn onto Highway 211. As we are not the shopping center owners, we do not know all of the issues that they need to consider in this request but do commit to make every effort to present the matter as clearly as possible to afford them the ability to reach a good decision on their part. Thanks again for your and the council's assistance in this process. Sinc e . 13 FSH a . rn , , ,. . . P ject ngin � EXPIRES: 8JLT11TECH ENGINEERING SERVICES,INC. 1741 Settlers Springs Dr.NW,Salem,OR Page 2 of 125 PACRUST 15350 SO�Sequda Pat�,,,vsavSuite 300 PodlancJ OR 97224 503 624 6300 pactrlrlSt com April 61, 2021 City of Woodburn Re: Transportation Issues at Higl,iway 99E and Highway 214 Intersection Dear Mayor and Council Members, I am writing on behalf of"PacTrust, owners of the Safeway Shopping Center, to provide our input on the transportation issues at the Highway 99E and Highway 214 intersection. At PacTrust we are aware of the challenges created by the increases in traffic since the center was built twenty years ago. We are also interested in finding solutions and implementing them along with our private and public partners. We have reviewed the data and design options and provided the information to our major tenant, Safeway, Our conclusion is that we cannot support the proposed design due to the negative impacts, on internal, circulation and retail operations. PacTrust sees Safeway as a vital contributor to the success of the community. We welcome our neighbor's residential project which will provide needed housing and create synergy with Safeway and the other retail businesses. While the housing will impact traffic mobility, the developer of the residential project, is willing to participate f unancially in upgrades to the intersection. In conclusion, while Pac'Trust cannot Support the redesign of the access to the Safeway Shopping Center, we stand ready to collaborate with our neighbors, Safeway, the City and ODOTto come up with a fair and effective plan to upgrade the Highway 99E and Highway 214 intersection. Thank you for the opportunity to provide comments. Sincerely, ,JVVd Andrew R, Jones Vice President 51420-79107 4849-1681-0210.1 126 e ODBURN I n c o r p o r a I e 41 1889 Final Decision City Council File number(s): CU 2019-04, DR 2019-06, &VAR 2020-05 Related to ANX 2019-01 Project name: Woodburn Eastside Apartments Date of decision: May 24, 2021 Applicant: Jeff Bolton, Senior Project Manager, Multi/Tech Engineering, 1155 13th Street SE, Salem, OR 97302-2508 Landowner: Ivanov Investment Group LLC, 27375 SW Parkway Ave, Wilsonville, OR 97070- 9215 Site location: 2145 Molalla Rd NE;Tax Lot 051W09B000900 Summary: First, the Planning Commission on October 22, 2020 held a hearing and unanimously recommended that the City Council approve the consolidated applications package (Type IV)with the conditions recommended by staff through the staff report published October 15. Second,the City Council held public hearings on January 25 & March 8, 2021 and unanimously tentatively approved the consolidated applications package with the conditions recommended by staff through the Commission staff report. The development applications depend upon annexation ANX 2019-01 through the annexation and zoning designation ordinances the Council is to have adopted May 24. (Ordinances take effect on the 30th day after adoption per the City Charter, Chapter VIII, Section 34, p. 10.) The request was for annexation, zoning designation, conditional use, design review, and variance to develop a demolished rural homestead of approximately 8.62 acres into 220 apartments across 19 two and three-story walk-up buildings. The subject property is in the Commercial General (CG) zoning district. One party testified (besides the applicant). The table below in the "Testifiers" section lists her. Section references are to the VIC.gq..d_��..!..!::!!..... ..�".��"..L.q..l�.M.�..irt,.... .!::�..ina.~r.�.:.�......(. . . ..). 127 Conditions of Approval: General G1. As part of building permit application, the applicant shall submit revised site plans meeting the conditions of approval and obtain Planning Division approval through sign-off on permit issuance. G2. The applicant or successors and assigns shall develop the property in substantial conformance with the final plans submitted and approved with these applications, except as modified by these conditions of approval. Were the applicant to revise plans other than to meet conditions of approval or meet building code, even if Planning Division staff does not notice and signs off on building permit issuance, Division staff retains the right to obtain restoration of improvements as shown on an earlier land use review plan set in service of substantial conformance. G3. References:The descriptions below define certain words, phrases, and assumptions in the context of the conditions of approval: • "Access way' means an on-site walkway paved at least nine (9) feet wide to serve as a bicycle/pedestrian path, also known as a multi-use path, to and from sidewalk—or to and from an off-street public bicycle/pedestrian path—and that is ADA-compliant and not gated. • "ADA" refers to the federal Americans with Disabilities Act of 1990. • "apt" refers to apartment. • "D1 & "D2" driveways refer to the two driveways from west (main)to east(secondary). • "County' refers to Marion County. • "Director" refers to the Community Development Director. • "EV" refers to electric vehicle. • "exc." means excluding. • It" refers to feet. • "grove" refers to the cluster of four Significant Trees as WDO 1.02 defines in the southeast front yard. • "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. • "OR 211" refers to Oregon Highway 211/ Molalla Road. • "Parking court" means each of three peninsulas of on-site surface parking extending southeast and framed by a "U" of five buildings. Phase 1 has one and Phase 2 has two. • "PLA" refers to property line adjustment. ANX 2019-01 Woodburn Eastside Apts.—Council Final Decision -Page 2 of 24 128 • "PUE" refers to public utility easement. • "PW" refers to Public Works (the department) or public works (civil infrastructure) depending on context. • "Root barrier" refers to that illustrated by PW SS&Ds IDr..w.ing....Ir 2, '". ti,..eel. ri,..ee If�lanting I�r rnr .. ...... ... ....... ....... .Consti�uc.IJon"". ...................................................................................... • "ROW" refers to right-of-way. • "SDCs" refers to system development charges, also known as impact fees. • "SE" means southeast. • "Speed table" means an access way or walkway crossing of a drive aisle that: is concrete; with a tabletop that is raised at least four(4) inches above drive aisle grade, at least 9 ft wide for an access way or 6 ft wide for a walkway,flat, and scored, stamped, or otherwise treated (such as with bricks or pavers) to have a pattern; and, with the vehicular ramps striped in compliance with MUTCD Figure 3B-30,Option A, and with minimum and maximum slope ratios of 1:25 and 1:10 respectively. • "sq ft" refers to square feet. • "SS&Ds" refers to PW standard: �.�.!�!�at!q"` a"d �.!: . . ..!. ....�. ..... :.. .!...... .!. ..... • "Street Corridor'C"' refers to a conceptual alignment of a street that implements TSP Figure 6 Local Street Connectivity Plan (2019), which through three blue arrows indicates street extensions into the northeastern area of the UGB east of U.S. 99E and north of OR 211, one each from U.S. 99E, June Way,and Cooley Road. The conceptual alignment as a street with 72 ft of ROW extends Cooley Road — hence the letter "C" — northwesterly towards the subject property, west across the north end of the subject property, and continuing west to U.S. 99E. The corridor refers to both the alignment and a public easement that reserves the segment of the corridor on the subject property ("reservation")while allowing construction of private surface improvements other than buildings— and other than structures like carports and trash enclosures—and their use for an indefinite time. • "Street trees" refer to trees that conform to the WDO, including 3.06.03A and Tables 3.06B &C. • "SW" means southwest. • "TPU" means the I::ansit, Plan �,WU„i�r��I.p 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 VIC.qq.. .. .!..!:.:!!........r.!:.: ..!!...l.q..l:: .t:.!..q.!�....:S. `it:�.!�.....11:�.�..a..!!......(....rll:�..�.. • "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. • "WDO" refers to the VIC.qqd..��..�!.!::!"!.....U�..�".��"..�..q..l�..!:�p:.�..i�t,.... .!::d..!i�ance. • "WTS" refers to the Woodburn Transit System. • "VCA" refers to vision clearance area as WDO 1.02 and 3.03.06 establish or as a specific condition establishes. G4. Due dates/ public improvements: a. By application: Unless a condition specifies otherwise, conditions including those relating to any of final subdivision, final partition, property line adjustment or lot consolidation recordation are ANX 2019-01 Woodburn Eastside Apts.—Council Final Decision -Page 3 of 24 129 due by building permit application. Prior to both any recordation of any final subdivision, final partition, or property line adjustment and building permit application, the applicant shall submit and obtain approval of an :dd..::�".:`�:`�.... :`�...g.1 .ln. ..!!.:....Il . . .: : b. By issuance: Unless a condition specifies otherwise, ROW and easement dedications and recordation(s), construction of frontage/street improvements, and construction of off-site, park, and other public improvements are due by building permit issuance. Where phasing is relevant, building permit issuance means issuance for the phase in which the conditioned improvement is located. G5. Recordation due dates: The applicant shall apply to the County for recordations of items that the City requires no later than six (6) months prior to expiration of the land use approval as WDO 4.02.04B establishes, and shall complete recordations no later than three years past the land use "final decision" date. The due date to complete recordations shall not supersede when recordations are due relative to the building permit stage. G-PW. Public Works: Follow the appended Public Works comments (October 13, 2020; Attachment 102A). If conflict arises between implementation of public works conditions and referenced standards in that document with implementation of the remaining conditions in this document, the Assistant City Administrator would arbitrate or mediate based on guidance from legal counsel,the Director,the Public Works Engineering Director, and the City Engineer. ANX 2019-01 Woodburn Eastside Apts.—Council Final Decision -Page 4 of 24 130 ......................................................................................................................................... Conditional Use 2019-04 CU1. Frontage/street improvements: These shall be: a. Planter strip: 8 ft wide min, exc. curb dimension. b. Street trees: 1 per 30 ft of frontage, equaling 10 trees per frontage. For up to no more than one of the min trees required along the frontage, the developer may pay a fee in-lieu of$125 per tree. This fee provision is intended to substitute for the applicant invoking WDO 3.06.03A.3 (Director modification/relocation). c. Sidewalk: 8 ft wide min,which may overlap the PUE with granting of public access via either the PUE or separate easement, and with the gap between its east dead-end and the OR 211 shoulder connected diagonally with pavement. CU2. Tree preservation: a. ROW: Street improvements, including both frontage and off-site improvements, shall preserve any existing alive trees, including through meandering sidewalk. b. On-site: Development shall preserve the grove. CU3. Access way&walkways: a. Access way: It shall be: (1) Extent: Extend as proposed (via land use review Sheets SDR1, 4, &5) most of the subject property depth at least as far north as the south side of the northernmost east-west drive aisle and follow a route among the common building, grove, and 12 min of the apt buildings. (2) Decorative paved areas: At least 1,500 sq ft of access way shall be either paved with any of decorative bricks or pavers or paved with concrete that is scored, stamped, or otherwise treated to have a pattern. (The intent is for the developer to apply this to the proposed three circular bulges along the access way and excludes the square footage of unpaved holes in the doughnut shapes of these areas.) (3) Speed table: Each crossing of a drive aisle shall be a speed table as a General (G) definitions condition specifies. (4) Trees: At each of the landings on the south side, a landscaped island 8 ft wide min between insides of curbing and extending 14%2 ft min, exc. curb dimension. Each island shall have a tree. Along the length of the access way within 6 ft of the west edge, 19 trees min. (5) VCA: Each crossing shall have two small VCAs, one each at the north landing, east side and the south landing, west side. The VCA triangles shall measure from 6 by 6 ft from the intersecting edges of access way and drive aisle, and no parking stall shall overlap VCA. b. Walkways: 6 ft wide min, excepting the walkway north of the pool,the walkway southeast of the trash enclosure, and walkways from any of emergency exit/employee-only mandoors or a maintenance shed. Exceptions shall be 4 ft wide min. Walkway crossings of drive aisles shall be zebra-striped. The developer shall install at least 2 crossings not only as striping but also as ANX 2019-01 Woodburn Eastside Apts.—Council Final Decision -Page 5 of 24 131 extensions of poured concrete: the west crossing of each of the middle and south east-west drive aisles. CU4. Common area improvements: They shall include: a. Benches: 12 min, each 6 ft wide min, and 75.0% min with backs. A concrete or masonry seat wall may substitute for a backless bench for each segment that is 6 ft wide min, 1%ft high and deep min, and includes a cap of smoother concrete. Place 8 min benches along the access way preferably near the major deflections, 2 min in or near the grove, and 1 min at the common building. Benches shall be set back 1%ft min from edge of access way or walkway. b. Picnic benches: 2 min, each square. 1 min ADA-compliant (with one of the four sides omitting a bench seat) on a paved pad. Place 1 min in the shelter. c. BBQ: As proposed, a barbeque (BBQ)grill. d. Patio: As proposed, a patio adjacent to the common building. e. Shelter: At least one gazebo, pavilion, or shelter with narrowest dimension of 12 ft, 288 sq ft min, ceiling height 10 ft min, and placed near the grove. f. Path: A bark dust or wood chip path 3 ft wide min shall connect the access way from near the common building through the grove to the walkway along the east north-south drive aisle. Administrative minor adjustment by the Director to common area improvements is permissible. CUS. Trash enclosure: Shall include a separate pedestrian entrance 3 ft,4 inches wide min. If gated, the gate shall be a push gate that either swings into the enclosure or in both directions. CU6. Balconies and patios: WDO 3.07.05B.1 (area/size and narrowest dimension) shall apply as min standards, except that for whatever balconies and patios among those proposed exceed these dimensions, their larger areas/sizes and wider narrowest dimensions shall be the min standards for those: a. Patios: 8 ft min narrowest dimension and 96 sq ft min. b. Balconies: 8 ft min narrowest dimension and 80 sq ft min. Parking CU7. Maximizing available parking for residents: a. Mail carrier stall: The proposed stall designated for mail carrier parking shall be available for resident parking on official postal holidays, Sundays, and remaining days outside the hours of 8 a.m. to 6 p.m. A sign 1% by 1 ft min shall note the range of hours when a space is limited to mail carrier parking and specify that it is available for resident parking outside the specified hours. b. Visitor parking: If the developer or property management company were to designate and mark a number of parking spaces as leasing office visitor parking, then the spaces shall be available for resident parking before and after office hours. A sign 1% by 1 ft min shall note the range of ANX 2019-01 Woodburn Eastside Apts.—Council Final Decision -Page 6 of 24 132 hours when a space is limited to visitor parking, for example 10 a.m. to 6 p.m., and specify that it is available for resident parking outside the specified hours. Landscaping CUB. Bark dust: 5.0% max of landscaped area may be bark dust. CU9. Evergreen: 4 min of trees new to the site. The 4 shall be 1 min of the following coniferous or evergreen species: Cedar, Western Red Madrone, Pacific .............................................................................................................................................................. Douglas-Fir Oak, Oregon White FI..r......G.ra..n.d......................................................................................... Pine, Ponderosa; and ............................................................................................................................................... Hemlock,Western Yew, Pacific CU10. Front yard trees: The front yard shall have a loose row of trees that complements the row of street trees. 9 min, placed at an approximate average o.c. spacing of 1 per 30 ft of frontage, and with trees new to the site placed at least 4 ft from edge of sidewalk and 20 ft max from ROW. CU11. Overhang/wheel stops: a. Overhang: In parking aisles along the rear and sides of the subject property, standard size stalls shall overhang curbing and landscaping by 1 ft min, as WDO Figure 3.05C allows up to 2 ft max. b. Wheel stops: Wheel stops anywhere within the site development shall be 4 inches high max. CU12. Parking area trees: a. Each parking aisle shall have between the ends of the aisle at least one landscaped island that is 6%2 ft wide min between insides of curbing and extends 14%2 ft min, exc. curbing, into aisles with perpendicular or angled stalls and at least 7%2 ft, exc. curbing, into aisles with parallel parking. A drive aisle with parking on both sides has two parking aisles, and the access way crossing landscaped islands conditioned elsewhere do not count towards this condition. b. Each island shall have a tree. CU13. Screening: Evergreen hedge or shrubbery shall be screen at-grade electrical and mechanical equipment along their sides, excepting the side intended for technician access. CU14. Bicycle parking: a. Amount and distribution on site: The developer shall provide bicycle parking as follows: ANX 2019-01 Woodburn Eastside Apts.—Council Final Decision -Page 7 of 24 133 (1) Outdoor closets (220): 1 stall min per dwelling in each dwelling in the outdoor closet of the balcony or patio in which the developer shall install a wall-mounted folding or retractable hook designed for the hanging of a bicycle; (2) Outdoors (242): 242 stalls min outdoors, outside of patio and balcony closets. 2 stalls min within 10 to 15 ft of ROW(as guest parking), and 62 min along the access way; (3) Stairwells (37 to 74): The developer may meet some of the outdoors min by placing 1 stall min at the base of each building stairwell,with each of these locations having a bicycle parking sign 1% by 1 ft min; (4) Guest: Of the stalls outdoors 2 stalls min within 10 to 15 ft of ROW and along or near the access way; (5) Front: 2 stalls min outside each apt building spaced to conform to the 50-foot distance provision of WDO 3.05.03E as applied through a Design Review(D) condition—and in addition to and more specifically than that condition, also near the front of each building. The diagram below illustrates what"near the front" means: f, irf BILI. V (, f`12) TYPE A' UNIT iP 1181..00 r; Exhibit Example Building Context The diagram below represents the exhibit example building context.: n/a n/a n/a n/a Corner Back Corner n/a Left side Building Right side Corner Front Corner Meets* Meets"Front" condition Meets* Exhibit Example Building Context *Stalls partially in a left or right"Meets"area would count as if they were fully in such area. (6) In no case shall the total number of bicycle parking stalls equal fewer than 1.1 per dwelling, which equals 242 stalls, and in no case shall the min coverage/sheltering from precipitation of bicycle parking be for fewer than 120 stalls exc. outdoor closet and stairwell stalls. b. Bicycle standards: Stalls shall conform to City of Portland Title 33, Chapter 33.266.220C (amended 2/01/2017, of which staff has a copy), except that the applicant may ignore subsections C6, C7, &CSc, and that C4b does not apply to the outdoor storage closets for which ANX 2019-01 Woodburn Eastside Apts.—Council Final Decision -Page 8 of 24 134 the min stall depth from wall instead shall be 4 ft min. Vertical clearance instead shall be 8 ft min or, where a stall is under stairs, 6 ft min. c. Cover/shelter: 50.0% min of bicycle parking outdoors shall be covered or sheltered from the elements. Bicycle parking within patio and balcony closets and building stairwells do not count towards this requirement. CU15. Lighting: If proposed, exterior light fixtures shall be full cut-off or fully shielded and limited in height as follows: a. Full cut-off: Exterior lighting fixtures shall be full cut-off or fully shielded models. b. Heights: As measured to the underside of a fixture: (1) Wall: Exterior wall-mounted fixtures shall be 8 ft max above walkway finished grade. (This height limit is not applicable to emergency egress lighting and permanent wall signs allowed through WDO 3.10 were they to have interior illumination.) (2) Parking pole: 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: Remaining exterior pole-mounted fixtures, if any, shall be 10 ft high max above grade. c. Front yard: The common building south elevation is limited to one exterior wall-mounted fixture, and the first 20 ft of front yard are limited to one pole-mount. d. Any on-site permanent signage shall also be subject to (a). CU16. Window area: The common building west elevation,which is the building front, shall have 30.0% min window area and the south elevation,which faces OR 211, 21.5% min, both through transparent glass. CU17. Parking management: This shall be as follows: a. Survey: The applicant or any successor and assigns such as a property manager shall collect data about off-street parking usage or allocation and provide it to the City to the attention of the Director. (1) Reporting period: Collect data by each half of a year—January through June and July through December. Submit each biannual report by the last City business day in the last month of the next quarter of a year and that is not a federal holiday. (For example, a report for January through June 2022 would be due by September 30, 2022.) (2) First report: The first report shall cover whatever irregular length of time would pass between phase occupancy and the end of the next half of a year ending June or December. (3) Attributes: Collect and report on: (a) Geography: Report numbers divided between Phases 1 & 2 (as defined in Condition G3). ANX 2019-01 Woodburn Eastside Apts.—Council Final Decision -Page 9 of 24 135 (b) The number of off-street spaces/stalls that are available and how many, if any, are closed due to occasional events such as parking area resurfacing, temporary outdoor events, outdoor storage, or the stationing of large trucks or truck trailers. (c) Track stalls and usage by type: regular standard size, regular compact, accessible/ADA/handicap, EV, and any other type (such as those designated for visitors, leasing office employees, staff golf cart, or mail carrier). (d) Collection: The property manager shall do field counts as per condition subpart (4 "field count") below and also provide a separate set of assumed counts based on lease agreements, i.e. what tenant households are allocated a stall or stalls and for what periods, assumed that stalls are occupied as lease agreements describe. (e) Usage: Report how many stalls are used and allocated. For vacant apartments in the context of assumed counts, record stalls associated with vacant apartments as unallocated. (f) If and when a parking area resurfacing project were to happen, provide written notice to the Director of approximate start date and duration, location, and number of stalls involved. (g) Format: Use tables to report by phase absolute numbers and percentages of stall type occupancies. Include phase and sitewide totals. (4) Field count: The property manager shall do at least two field counts per reporting period, meaning to travel the project and count in real time occupied and vacant stall types such as by marking a project site plan. Each count shall be on Tuesday,Wednesday, or Thursday that is neither a federal holiday nor within a week(7 days) of a federal holiday. One count shall be daytime starting no earlier than 9:30 a.m. and concluding no later than 4:30 p.m., and one count shall be nighttime starting no earlier than 10:00 p.m. and concluding no later than 12:30 a.m. Report when on a given date the counts were done and how long it took,for example,from 11:30 a.m. to noon. (5) Bicycle parking: For outdoor bicycle parking stalls, including those within stairwells but excluding outdoor closets,the property manager shall also do field counts the same way as per condition subpart (4) above and as part of the larger report confirm the total number of existing outdoor bicycle stalls. (6) Parking demand management: The reporting that a parking demand management condition requires, if it exists, may be incorporated with the parking usage data collection report. (7) Context: In each report, cite the project name, phases, street addresses, master/parent case file number ANX 2019-01 and child case file number CU 2019-04, and the condition identification(s), state what period the report covers, state the number of vacant apartments and when and how the number was determined given fluctuation over six months, and provide an employee name and direct contact information for questions City staff might have. (8) Intent: It is not the express intent of this condition to police property management or punish tenants or management for perceived misuse of parking, but instead without judgment to collect data on how parking is actually used in a conventional large apartment complex. ANX 2019-01 Woodburn Eastside Apts.—Council Final Decision -Page 10 of 24 136 (9) Change of ownership: If and when property ownership were to change,the property manager shall pass along record of the conditions of approval to the contract purchaser and successive property manager. (10) Expiration: This parking usage/allocation data collection condition becomes optional as of July 1, 2031. If reporting were to cease, the last report—for the January to June 2031 period—would be due September 30, 2031. CU18. Buildings: It shall be: a. Windows: (1) Proportion: All windows shall be square or vertically proportioned, except that horizontally proportioned windows are allowed if they have grilles or muntins dividing lights or panes so as to be vertically proportioned. (2) Per room: Within apts, every habitable room abutting a building exterior wall shall have min one window. (3) Insect screens: All operable windows shall have insect screens. b. Scuppers: Any building rainwater scuppers shall not to dump onto the pavement of an access way or walkway. CU19. EV: Electric vehicle parking shall be as follows: a. Number: Influenced by OAR 918-020-0380"Electric Vehicle Ready Parking" and as proposed, a minimum of either 9 stalls or 2.0%of minimum required parking—whichever is greater—shall be a designated EV stall or stalls and with a Level 2 or higher charging station or stations, which the landowner may limit to tenant use. b. Placements: In 3 groups min, and with group distribution of 2 groups min in the south east-west drive aisle and a group min in the middle east-west drive aisle. c. Striping: Stripe each stall in lettering 1 ft high min "ELECTRIC VEHICLE CHARGING' or similar and stencil of an EV image or logo. d. Signage: Post at each stall a wall-mounted or pole-mounted sign for"Electric Vehicle Charging Only" or similar and include an EV image or logo. Each sign 1% by 1 ft min with top of a posted sign between 5%and 6%ft high max above vehicular grade. e. Management/operations: The property manager: (1) Shall keep EV stalls available for EVs and plug-in hybrid vehicles and keep conventional gasoline vehicles from parking in them. Priority users shall be tenants and property management company employees; guests/visitors would be secondary. (2) May charge EV stall users for the costs of charging an EV through a charging station, but shall not(a) charge tenants for either simply parking an EV or plug-in hybrid vehicle in an EV stall or for leaving such a vehicle parked without actively charging, and (b) shall charge to recoup costs to the property manager and not generate profit for the property manager. (This does not preclude the property manager contracting with a for-profit company to manage EV charging stations). (3) Shall not charge any fee that discriminates among particular EV parking stalls based on the perception of some stalls being more convenient or otherwise desirable than others. ANX 2019-01 Woodburn Eastside Apts.—Council Final Decision -Page 11 of 24 137 ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Design Review 2019-06 D1. ROW: To meet WDO Figure 3.0113, as part of recordations and regarding OR 211, the applicant shall dedicate (a) variable width ROW resulting in half-street ROW that is uniform 50 ft wide min measured from road centerline, and (b) along the ROW a PUE 10 ft min. D2. Street corridor: To meet WDO 3.01, as proposed as part of recordations and regarding Street Corridor"C,the developer shall dedicate a PUE of 82 ft min width across the north end of the subject property, and shall revise the draft easement text to contain: a. In the body or an Exhibit C, a description that the easement serves to implement Woodburn Comprehensive Plan Policy H-2.2 and Transportation System Plan (TSP) Figure 6 (2019) by reserving on the subject property a segment of Street Corridor"C" for a future street that would connect Cooley Road and either or both June Way and U.S. 99E and that would be ROW of 72 ft width with remainder 5-ft PUEs along the south side or both sides; and b. One instance min of the phrase"street reservation and public utility easement" in any of the title, body, map Exhibit B, or an Exhibit C. D3. Driveways: c. Number: To meet WDO 3.04.0313.1 regarding access management,the number of driveways shall be limited as follows: (1) D1, 32 ft wide max; and (2) D2 and its throat being one-way exit-only, 12 ft wide max, and with a do-not-enter sign that complies with MUTCD Figure 213-11, sign R5-1 placed at a location within the ROW or PUE as ODOT directs. .................................................................................. I 1 +o35.I d. Approach 4150 apron curb cut: Driveways shall conform to PW SS&Ds, Section , unless overridden by ODOT choosing to apply its standards. e. Traffic control: To meet WDO 3.05.02J: As proposed, a striped walkway near and to the trash enclosure shall delineate the edge of the min drive aisle width,the delineated width being 24 min and 26 max, to discourage over-swing by turning drivers. ANX 2019-01 Woodburn Eastside Apts.—Council Final Decision -Page 12 of 24 138 01 Ala D4 Cross access: Tomeet VVDO3.U4.U3B,the developer shall: a. Extend a drive aisle stub to the property line along each of the following properties: Tax Lot Address Description 051W09B000700 2155 Molalla Rd NE Ashland Brothers Landscapes, Inc. 051W09B000800 2149 Molalla Rd NE Lin rural residence 051W09BOO1000 none Carson-Jeske rural residence extra rear yard 051W08AO05200 2045 Molalla Rd NE Undeveloped church property b. At the interface of property line and a drive aisle stub, fixed obstructions including curbing is prohibited. (The developer may instead place signed barricades atop the pavement] c. To meet VVDO 3.04.03B.1 8' 3, establish a public access easement and private maintenance agreement to the satisfaction of the Director and revocable only with the concurrence of the Director. d. The public access easement shall grant public access to and from Highway Z11via at least the western driveway ifnot both driveways. e. The easement width shall be minimum twenty (ZU) feet, centered on driveway and drive aisle centerlines, and span between the driveway(s) and each of the drive aisle stubs. D5. Parking striping: The developer shall: a. Signage/striping: To meetVVDO 3.05.02], designate compact stalls"COMPACT" in lettering one 1 ft high min. b. Double striping: To meet VVDO 3.05.02K, delineate parking stalls with double parallel lines pursuant toVVDOFigure 3.U5C. D6. Bicycle parking near main entrance: To meetVVDO 3.05.03E, prior to building permit final inspection the applicant shall provide bicycle parking within fifty(50) ft of main entrance. In the context of new construction apartment complex with conventional three-story buildings with open stairwells, each apartment building has two main entrances asfollows: a. In all apartment buildings except Building U there are four points where a building main wall plane intersects the walkway serving building ground floor entrances and the stairwell to upper floor entrances; b. ABuilding Uthere are two such points; ANX2O19'O1Woodburn Eastside Apts.—Council Final Decision Page 1]of24 139 c. Each building has either (a) two walkways with two points each totaling the four or (b) one walkway with two points total; and so d. The condition shall apply to three points min for all except Building U, one point min for Building U, and apply to one point minimum per walkway. D7. Patios: Visual separation shall conform to WDO 3.07.0513.1a as follows: a. Pavement: As proposed, patios shall be paved with brick, concrete pavers, or poured concrete. b. Railings/fencing & gate: The outermost edges of patio concrete slabs that do not abut building walls shall have either metal or wood railings or cedar wood fencing at least 3 ft high. If the latter, then opacity shall be full, but if fencing is higher than the minimum height, it shall be no more than 90% opaque, such as by being fully opaque from grade but from the top having a lattice pattern. The railings or fencing shall have a gated opening at least 2 ft and 4 inches wide. c. Height maximum: the railings or fencing maximum height shall be either 5 ft or, where a patio faces the access way, 3%ft. d. Shrubbery: Evergreen shrubbery shall line fully the outermost edges of patio concrete slabs, except along the gated opening. ANX 2019-01 Woodburn Eastside Apts.—Council Final Decision -Page 14 of 24 140 Design Review 2019-06: Transportation T-A1. U.S. 99E &OR 211/214: a. Signal timing: The developer shall pay a mitigation fee or fee in-lieu of $10,000 to fund a transportation study, specifically a study of signal timing, appropriate mitigation of the operational (mobility)deficiency and elevated crash rate, and related details in coordination with ODOT. [TIA&TSP R14] b. Mitigation for Operational and safety deficiencies: this proposal exacerbates existing and projected mobility/volume-to-capacity deficiencies as well as an existing elevated crash rate.The applicant shall contribute a proportionate share contribution toward a mitigation project to alleviate these deficiencies.There are two options for this mitigation,one from the TSP,the other from ODOT agency commentary (April 6, 2020) on the TIA: (1) Add a southbound left-turn lane on Highway 99E and a short-length receiving lane on Molalla Road; or (2) Reconfigure the westbound approach at the intersection to provide a dedicated right-turn lane or pocket that leads to Highway 99E northbound through one of the following. c. As this intersection is under ODOT jurisdiction, the agency would need to approve of the appropriate mitigation project in concert with the City Engineer.The forum for this decision would be the signal study noted in Condition T-A1(a). The approved mitigation project shall determine civil engineering details such as channelization, signal modification(s), length, width, placement relative to centerline, markings, ADA-compliant sidewalk/pedestrian crossing improvements and street tree preservation. d. To determine the applicable mitigation fee or fee in-lieu for a proportionate fair share of the mitigation project, the trip contribution method described above yields an estimated 10.1% contribution of this project to the mitigation project's total cost. The signal study could address the need to determine the estimate cost of the mitigation project,or the applicant has the option to provide their own estimate based on a study drafted by a licensed civil engineer, advised upon by ODOT, and agreed to by the City Engineer prior to building permit application. e. The developer shall forward a cost estimate with cover letter and contextual documents to the City Engineer and courtesy copy the Director no later than either(i)5 City business days following the date the City Council authorizes the Mayor or Council President to the sign the land use "final decision" document, or(ii)the effective date of the ANX 2019-01 annexation ordinance. The City Engineer shall choose (i) or(ii)for the developer and identify such in writing to the developer and courtesy copy the Director. T-BPI. Sidewalk connection/off-site extension: To further TDM through walking, in addition to the required half-street sidewalk, the developer shall do one of the following: a. Extend sidewalk at 6 ft width min west to the east leg of the T-intersection of OR 211 &June Way, approximately 425 ft distance, and at a point aligned with the east leg, the sidewalk shall turn south and meet the roadway; ANX 2019-01 Woodburn Eastside Apts.—Council Final Decision -Page 15 of 24 141 b. Install a mid-block crossing from the frontage sidewalk, or from a short west extension of said sidewalk, south to existing sidewalk along the south side of OR 211, and with the crossing conforming to PW SS&Ds unless overridden by ODOT choosing to apply its standards; or c. A combination of a. and b. whereby the length of the sidewalk per a. would shorten in relation to how far east of June Way the developer would install a mid-block crossing. d. If the developer were to opt for b., and were either ODOT or City written or drawn public works standards not to exist yet be necessary to establish to administer b., then the developer and City shall default to these improvement elements: (1) At both ends of the crossing, an ADA-compliant transition between sidewalk and roadway; (2) White striping in the form of either two parallel bars or as zebra stripes; (3) The type, number, and placements of signage compliant with the MUTCD for a mid-block crosswalk; and (4) That either ODOT or the City Engineer may require either or both (i) installation of a street light or lights in addition to those required as part of frontage improvements, and/or(ii)that the crossing be actuated or semi-actuated. [TSP Fig. 5] T-13132. Crosswalk installation: To further TDM through walking, the developer shall upgrade the east leg of the T-intersection of OR 211 &June Way into a marked crosswalk and one that conforms to PW SS&Ds, unless overridden by ODOT choosing to apply its standards. a. Either ODOT or the City Engineer may require either or both (1) installation of a street light at or near the north end of the crossing, and/or(2)that the crossing be actuated or semi-actuated. b. Were either ODOT or City written or drawn public works standards not to exist yet be necessary to establish to administer this condition, then the developer and City shall default to these improvement elements: (1) At the north end, an ADA-compliant transition between sidewalk and roadway; (2) White striping in the form of either two parallel bars or as zebra stripes; and (3) The type, number, and placements of signage compliant with the MUTCD for a crosswalk along the leg of an intersection. c. There shall result a physical change to existing pavement and/or striping serving as an obvious indication for most pedestrians, cyclists, and drivers. d. Regarding a Condition T-13131 for sidewalk connection/off-site extension, were the developer to opt for its part b. or c., then this Condition T-BP2 would not apply. [TSP Fig. 5] T-13133. Bicycle lane off-site extension: To further TDM through cycling,the developer shall do one of the following: a. Widen the off-site sidewalk, which a separate condition requires, into a bicycle/pedestrian path 8 ft wide min; b. Extend the bicycle lane at 6 ft wide min (per WDO Figure 3.0113) west to the east leg of the T- intersection of Highway 211 &June Way and to the north end of that crosswalk, approximately 425 ft distance. The developer shall add roadway pavement to accommodate both a bicycle lane and either(1)whatever ODOT establishes as road shoulder min width or(2) a buffered bicycle lane such that the lane is min 2 ft away from the edge of travel lane, and towards the ANX 2019-01 Woodburn Eastside Apts.—Council Final Decision -Page 16 of 24 142 west where both the shoulder and ROW narrow,then the developer may taper the buffer to a close; or c. Pay a fee in-lieu of$113,000. [TSP B16] T-13134. Wayfinding: To further TDM, the developer shall do one of the following: a. Install 2 min devices, such as signage, that provide wayfinding to bicycle routes, multi-use paths, parks, schools, and other essential destinations. If the developer were to opt for signage and assuming pole signage, sign face min dimensions shall be 2 ft by 1 ft and the placements shall be one at or near the junction of the access way and sidewalk and one at the T-intersection of OR 211 &June Way. (Note: The developer may mimic the typical wayfinding signage the City approved for the Mill Creek Greenway as Smith Creek Development [ANX 2017-05] adapted from the City of Tualatin, Oregon greenway trail system signage which it in turn had adapted from the Regional Trails Signage Guidelines of The Intertwine Alliance, a trails coalition in the Portland metro area.) b. Pay a fee in-lieu of$3,000. [TSP B40 "wayfinding"/P62] T-TI. Bus transit and vanpool fee: To further TDM through bus transit and vanpooling, the developer shall pay a mitigation fee that is a rate per dwelling of$368.41. [This condition relates to TSP projects T1, 2,4, & 16,TDM1,TSP Fig. F5, and TPU projects 1, 2, 3, 11, 12, 13, 15, &20.] T-T2. Bus stop bicycle parking: To further TDM through bus transit,the developer shall at each of the following WTS bus stops provide for bicycle parking to the specs specified by the Assistant City Administrator or designee by either(1) installing a bicycle rack in a 6 by 4 ft min concrete pad or(2) paying a fee in-lieu of$510.20: a. U.S. 99E northbound (Express Stop 2) adjacent to Tax Lot 051W08DB02600 (1400 N. Pacific Hwy; Jehovah's Witnesses); b. OR 214 westbound (Stop 17) adjacent to Tax Lot 051W08A005400 (1561 Mt. Hood Ave; Pacific Plaza strip mall); and c. OR 214 eastbound (Stop 13) adjacent to Tax Lot 051W08DB01300(1540 Mt. Hood Ave; Bi-Mart, Mega Foods). [TSP T18] T-T3. Bus stop shelters: To further TDM through bus transit, regarding the WTS U.S. 99E northbound stop that is adjacent to Tax Lot 051W08DB02600(1400 N. Pacific Hwy)the developer shall provide for a bus shelter to the specs specified by the Assistant City Administrator or designee by either (a) installing a shelter or(b) paying a fee in-lieu of$12,000. [TPU 9] T-TDM1. Car share: Until July 1, 2025, the Director may invoke as a requirement that the property management team shall contract with a car share company or service, designate and mark a minimum ANX 2019-01 Woodburn Eastside Apts.—Council Final Decision -Page 17 of 24 143 number of parking spaces—which shall be at least one—for one or more shared vehicles for tenant use, and follow program details that the Director establishes as necessary to implement the requirement. ANX 2019-01 Woodburn Eastside Apts.—Council Final Decision -Page 18 of 24 144 Variance 2020-05 V1. Compact parking(WDO 3.05.03C): a. Percentage: The compact parking max as a percentage of the required parking ratio min shall be 39%; instead of 20%typical) and 100%of any amount in excess of the min required. At least 20%of the min amount of stalls shall be compact. b. Striping: The applicant shall stripe each stall with the word "COMPACT" in lettering one 1 ft high min. ANX 2019-01 Woodburn Eastside Apts.—Council Final Decision -Page 19 of 24 145 Expiration: Per Woodburn Development Ordinance (WDO)4.02.04B., a final decision expires 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. 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. 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 <Ittl ,, „ii .cry.i,rn ....i,fry„ir,ri,, u „IItti„ clr„ >. 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 ANX 2019-01 Woodburn Eastside Apts.—Council Final Decision -Page 20 of 24 146 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. 11. Public Works Review: Staff performs final review of the civil plans during the building permit stage. Public infrastructure must be constructed in accordance with plans approved by the City, as well as current (Public: Works construction sip fic:�tie�ns .St�nd�i d �i arnrin s .St�nd�i d �r Mils and general ...............................................................................................................................................................................1............................................................................I...................................................................................................... g.......r............................................................................... conditions of a permit type issued by the Public Works Department. 12. ROW: a. Dedication: The Public Works Department Engineering Division has document templates for ROW and easement dedications that applicants are to use. ROW—and public utility easement(PUE)—dedications are due prior to building permit issuance per Public Works policy. b. Work: All work within the public ROWS or easements within City jurisdiction must require plan approval and permit issuance from the Public Works Department. All public 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 for the installation of all franchised utilities in any required easements. 14. Water: All water mains and appurtenances must comply with Public Works, Building Division, and Woodburn Fire District requirements. Existing water services lines that are not going to be use with this new development must be abandoned at the main line. The City performs required abandonment of existing water facilities at the water main with payment by the property owner. All taps to existing water mains must be done by a "Hot Tap" method and by approved City of Woodburn Contractors. The applicant shall install the proper type of backflow preventer for all domestic, lawn irrigation and fire sprinkler services. The backflow devices and meters shall be located near the city water main within an easement, unless approved otherwise by Public Works. Contact Byron Brooks, City of Woodburn Water Superintendent, for proper type and installation requirements of the backflow device at(503)982-5380. ANX 2019-01 Woodburn Eastside Apts.—Council Final Decision -Page 21 of 24 147 15. Grease Interceptor/Trap: If applicable, a grease trap would need to be installed on the sanitary service, either as a central unit or in a communal kitchen/food preparation area. Contact Marion County Plumbing Department for permit and installation requirements, (503) 588-5147. 16. Fire: Fire protection requirements must comply with Woodburn Fire District standards and requirements, including how the District interprets and applies Oregon Fire Code (OFC). Place fire hydrants within the public ROW or public utility easement and construct them in accordance with Public Works Department requirements, specifications, standards, and permit requirements. Fire protection access, fire hydrant locations and fire protection issues must comply with current fire codes and Woodburn Fire District standards. See City of Woodburn Standard Detail No. 5070-2 Fire Vault. The fire vault must be placed within the public right-of-way or public utility easement. 17. SDCs: The developer pays System Development Charges prior to building permit issuance. Staff will determine the water, sewer, storm and parks SDCs after the developer provides a complete Public Works Commercial/Industrial Development information sheet. 18. Public Improvements Civil Plan Review: The process by which to receive, review, and approve drawings and other documents related to public improvements required by these conditions of approval may be paired with or incorporated into building permit review, or, if directed by the City Engineer, through a civil engineering plans (CEP) review process led by the Engineering Division. If opting for CEP,the applicant shall not only follow the direction of the Engineer Division, but also take some actions to facilitate tracking by Planning staff and coordination with Engineering: 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. Appeals: The decision is final unless appealed to the Oregon Land Use Board of Appeals (LUBA) pursuant to Oregon Revised Statutes (ORS) and Oregon Administrative Rules (OAR) 661-010. The appeal ANX 2019-01 Woodburn Eastside Apts.—Council Final Decision -Page 22 of 24 148 due date is "on or before the 21st day' after the decision date per OAR 661-010-0015(1)(a). A valid appeal must meet the rules. If appealing to LUBA, as a courtesy inform City staff in writing. A copy of the decision is available for inspection at no cost, and the City would provide a copy at reasonable cost at the Community Development Department, City Hall, 270 Montgomery Street, Woodburn, OR 97071-4730. For questions or additional information, contact Alyssa Nichols, Administrative Assistant, at(503) 982-5246 or aI„ .1!.ic1:!.q.Is .........."ci.verrLau„i,ir.ri,, u . Testifiers: Name Address Planning Commission City Council Written Verbal Written Verbal Sarah Jeske- 1100 Comstock Way,Woodburn, x Smith OR 97071-5889 ANX 2019-01 Woodburn Eastside Apts.—Council Final Decision -Page 23 of 24 149 Attachments: • Planning Commission October 22, 2020 Staff Report Attachment 101. Marked Tax Map • 102A. Public Works comments (October 13, 2020; 2 pages) • 103. Application materials/site plans (September 23, 2020; 17 sheets) • 104.Transportation System Plan (TSP) Fig. 2 "Functional Roadway Classification" • 106.TSP Fig. 6 "Local Street Connectivity Plan" Sincerely, Colin Cortes, AICP, CNU-A Senior Planner As authorized by the City Council on May 24, 2021 Eric Swenson, Mayor Date ES/cmc cc: Chris Kerr,Community Development Director Dago Garcia, P.E.,City Engineer Ted Cuno, Building Official Jason Space, GIS Technician Jeff Bolton,Senior Project Manager, Multi/Tech Engineering, 1155 13th Street SE,Salem,OR 97302-2508 (applicant) Ivanov Investment Group LLC,27375 SW Parkway Ave,Wilsonville,OR 97070-9215 (landowner) Testifier(s): Per the table above. Casey Knecht, P.E., Development Review Coordinator,Oregon Dept.of Transportation (ODOT) Region 2 Marion County Assessor's Office Marion County Geographic Information System(GIS) Marion County Public Works Dept. ANX 2019-01 Woodburn Eastside Apts.—Council Final Decision -Page 24 of 24 150 051W 0 B D ME MAP 05 1W 09B 051 W04 ;EEMAP WOODBURN SEEM P SEEMAP '� B5,WB5D 103 00 03 5 SEE MAP `. r 0.8 '90 051W 5D 4#'aca V� s� 8 MARION COUNTY,OREGON NW1/4 SEC9 T5S R1W W.M. sEEMAP °� SCALE I"=200' 051W00A IIGIND LINETYRIS iak ir�y iary ME MAP ------ 05,W00 IJ f Al, 11 I+ f Mz "d ITA IZK I=ine 103 00 03 5 CORNLIP iWIS 1 X, NUMBeiL Taa i=. 000 00 00 0 �.. y NUhS as a w�o esa nSPa noa �,aa .,�. i L \S�) CANCELLED NUMBERS SEEMAP 1 3 00 03 5 << 051W00A SEEM P <)�1� _ 051W0 b i t00p � i i l� 35 DISCLAIMER_THIS MAP WAS PREPARED o.o o i , FOR ASSESSMENT PURPOSES ONLY 6 Ak. 3T MWW211k w000BURN-esTacaoa� W o � � �.R REIM FOR ADDITIONAL MAPS VISIT OUR WEBSITEAT EM D SEEM P www.ro.marionnr.us 05 051W 9C SEEMAP 05,w0eo PLOT DATE:1/23/2018 Att III �III WOODBURN a , 1 �'t 05 1W 09B OODB Ir .1 /1C011pora14, d ' fix 81 9 Woodburn Eastside Apartments ANX 2019-01, CU 2019-04, DR 2019-06, & VAR 2020-05 Public Works October 13, 2020 CONDITIONS OF LAND USE APPROVAL: 1. The Applicant, not the City, is responsible for obtaining permits from state, county and/or federal agencies that may require such permit or approval. All work within the Oregon Department of Transportation (ODOT) right-of-way requires the applicant to obtain approval and permits from ODOT. 2. The Applicant shall obtain approval from the Oregon Department of Transportation (ODOT) for the storm drainage analysis that will impact ODOT's system. Provide a final storm drainage analysis for detention and conveyance system. The storm drainage hydraulic analysis shall comply with both ODOT and City's requirements. 3. The applicant shall obtain approval from the Oregon Department of Transportation (ODOT) for all required improvements along Highway 211, included but not limited to street improvements, striping, Highway signage, construction of new sewer line, construction of new water line, and additional improvements as required by ODOT's review/approval of the applicants' traffic study. 4. Applicant to provide for the installation of all franchise utilities and shall provide any required easements for these facilities. All permanent utility services to the development shall be underground. 5. Department of Environmental Quality Erosion Control 1200C permit will need to be obtained for this development prior to City issuance of permit. 6. Final review of the Civil Plans will be done during the building permit application. Public infrastructure will be constructed in accordance with plans approved by public works and ODOT. 7. Provide and record the required right-of-way dedication, public utility easements, and waterline easements prior to building permit issuance. 8. Provide street lighting plan and design for review to the City and ODOT. III Engineering&Project Delivery �I I �� 0 2�IP„ N 190 Garlic"Id sm."'ct a,�Woodburn,O "'gon 97071 E� lIfi,503()-982-5240*Fax 152 9. Applicant to provide plans indicating the construction of a new gravity sanitary sewer main in Hwy211 —Wood bu m-Estacada Highway. As indicated on previous meetings, the existing sewer main in Hwy 211 is an abandoned force main. Applicant is responsible for constructing a public gravity sewer main to the proposed development. 10.Fire hydrants locations and fire protection requirements shall be as per the Woodburn Fire Districts and City of Woodburn requirements. Actual fire hydrant locations and in-line valving locations shall not be determined until the construction final plan review. 11.Based on WDO 3.04.05B, 5.03.01 B.3b, & 5.04.01 C and need for intergovernmental coordination, required improvements to ODOT's intersections and roads shall be determined prior to building permit issuance. 12.System Development fees shall be paid at the time of building permit issuance. 13.All public easements and right-of-way dedications shall be properly recorded prior to building permit issuance. Engineering&Project Delivery 199 Grfic"Id aim c"a a'�Woodburn,O "gon 97971 119,503().-982-5240*Fax 5():3-982-5242 153 3 U IVAN AND ELENA SMERIKOV 22091 300th ST.SE - - ERSKINE,MN 56535 PHONE:(503)655-7933 I AND E CONST. ` 9550 SE CLACKAMAS RD. - CLACKAMAS,OREGON 97015 � .. PHONE:(503)655-7933Lu F Lu S WOO DBURN VICINITY MAP (A Lu W -- WOODBURN g EASTSIDE APARTMENTS SEC.09, T.5 S., R.1 W.,W.M. CITY OF WOODBURN MARION COUNTY,OREGON 0 � �F m Z LU LU Z� ma —__ SHEETINDEX O Q ow" e � "•'"`.— i � soar-cw[a HEEr Nee��s�'w rs ee � i soaz-Ex�snNc coNomoNs vwN Q �oa�-ANNE.AT�oNP�N 3 Boa>-Pa�M�NAar��TE PSN �o��TEP�NOETA�� I �_ � . i �o� Pa�M�NAarFaoNTA�E�MPao��T� _- �oa�-Pa�M�NAaroP��PA�P�N Pv q a � 4 1 SDR1 U Ld UZ z t LU0 V ar a LU LU LU En �i--------- � �• II � � ....... ....,.R..a. a EOR OR.oma„�,R��.o„ dip i•I`�' �- ---- SDR2 WOODBURN CITY L]M175 .m ti W"° a ti URBAN GROWTH BOUNDARY ZapeN �r g i j I z g a ° z I r � z I e � C z j z z A, .J � Q V TAX LOT 900 m m a 0 Lu o p d9z W W z f ------- m- _ �"NR 'Y+ o m, -f----r--r— _ , U, �G v a "'T o A/ WOODBURN SDR3 W 2- TAX LOT TAX LOT e In U 700 800 _----- wuaoc, s�aPn e�GPon --- F Lu s s,aro a � ®®�®s�owPom ff ao _ n P� o o n = a In o W r , w �o 0 P r„rP. s xo�w e u_uo A R al r[» W hj I F F TAX LOT Z 1100 W W i a x r, as % TAX LOT LZ f --------------� .all\ - r z P69P P S J00O a _ o 6 TAX LOT O Q ,z s,aaa so ,sarotao 1200 9 o i ----------------------� TAX LOT °T=fwd, 700 i� E-��3 Com F= AOA HANDICAP ACCESS]BL]LITY NOTES SITE AREAS 220 TOTAL APARTMENT 2 BA d ar3�m =H4 BOUNDARY 379,314 S.F. 108 TVPE'A' 2-Bd,2-Ba (952 S.F.)UNITA 28 TVPE'B' STUDIO (549 S.F.)UNITS 3 sxw.xo-K o-ssw�,x,x�mrcrnox or,wnK�xm,a o-am zz TOTAL HARDSPACE 280,610 A 42 TVPE'C' 1-Bd,l-B� (728 S.F.)UNITS BUILDING COVERAGE 75,524 S.F. 18 TVPE'D' 3-Bd,2-Ba (1,204 S.F.)UNITS PARKING,DRIVEWAY&SIDEWALK 205,086 S.F. 24 TYPE'1 2-Bd,1-Ba (844 S.F.)UNITS 3 LANDSCAPE AREA 98,704 A. 1 RECREATION BLD./MANAGER'S OFFICE d 1 MAINTENANCE BLD. v m,x�so,a asst. x nccoreorxa m,n rxs,o-.,,,.aro mrv,�re„ ®_ rux uar 2 TRASH COMPACTOR/RECYCLE - & O-rus uar x�x�xuu ix rui 1 SWIMMING POOL ORDEAL1 U.S.MAIL AREA _ 0-rosr uar uxxwux s rui - ®-uxxna a�m�cu smuur�an wi OO-wxwux i:i�scars a s�ocnux sno xups MULTI-FAMILY PARKING R—I]-xv c muss pm rrtouvenl 450 TOTAL PARKING STALLS 271 STANDARD STALLS xss(ui ecxcxss ro es a uwc) 170 COMPACT STALLS(TO BE PAINTED"COMPACT ONLY o-mxsxln¢ws xr�r�as 9 HANDICAP STALLS 195 COVERED STALLS 228 BICYCLE SPACES(96 COVERED) SDR4 1Ld U � L z®om TAX LOT J 700 � o P c � ' .�c'xrll�Y•./ W _j LU i 0 a — w LU LU a i TAX LOT offaa 5200 TW SDRS Lli DOE 1E] Lu lu LU LU z loi 2 �TW SINCLE-DISASLED PERMN AIL CARRIER PARMNO PARKINC�ACE Lli alv Iz ------------------------- --------- -------------------- -------- 0 0 ----- I----- '14 4k, tL LU LU LU --------------- 2�8 e J 9 c e .M �R � E Z I �iLU5 Lu LU LU A r Y, 5 � II zf oa pR SITE AREAS BOUNDARY 379,314S.E. 000 °B. o� TOTAL HARDSPACE 280,6105.E. fE95 = €oso os BUILDING COVERAGE 75,524AI apo�^H8 G 8 PARKING,DRIVEWAY&SIDEWALK 205,086 S.E. 3 � = 8 LANDSCAPE AREA 98,704S.E. ®c SDR8 I I I fIII � cm e J 0 x II z-00 fab., w mP 2 e ® zwz LidoN. Ej Lu In In „ o I" e� I F�. In WW j z --- �a I 0a PRIVATE LUMINAIRE SCHEDULE o PROJECT:5TH STREET APARTMENTS _ OO —eos use r�ry nesen* QTY LABEL DESCRIPTION WATTS LUMENS ARM ARRANGMENT LLE F m m m m�r55 o o iNesa�as wan�o wmwaiaE mooNnNo 38 LPl-PROPOSED WALL LED,COOPER'CROSSEOUR'XTOR48-V 38 3995 0 SINGLE 0.8500 a r PACK WALLPACKMOUNTED 17.5' - w000eoaN salloaaoe. LED,LEOTEK"AR13" se 15 LP2-PROPOSED LIGHT AR13-4M2-MV-WW-2-DB-350-WL MOUNTED ON 20 2015 0.6700 SINGLE 0.8500 A 7'POLE O ao�c ssc,a'ry xs ars LED,U.S.ARCHITECHTURAL Maar o , 7 LP3-PROPOSED LIGHT VIET LED-PLED-40LED-VSQ-M-350mA-240-WW-1- 45 5874 0 SINGLE 0.8500 �inE aeaoaws RAL-8019-T MOUNTED ON A 14'POLE SDR9 U .�...o s e - W - _ Z :co i LU 1 � i LU —�— —� _ I � w � 0 -- �� m ww zf 2� m a OQ 0 N 3 I i 0 s oma � a ---- — _ _ AF. z a I ? —————————————— - a � — �. gaaar�r U = I a.o. 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CONSULTANTS LLC U �i els ®®® T h Z ' ,zoo Z0 > LU wX— LU WEST WEST ELEVATION aecreennon ego. ego.i °LL wNoow nRcn=w,o.,.F.c��.ov� J rg No a� w —°° - - - - - - - - --- Z r oc Z �w mF- pF- 0 04 geaa AN sd�� SOUTH ELEVATION aerxeanon ego. ego.i wNoow AKEA-z3o.,.F_cv6v� A1.71 IE IT-] m m m ®®®® ; r l EQ m m m ; n m m a Zo .. REAR ELEVATION rrPe a urvrs END ELEVATION rme a units Q 5> mw J w „o r ® a,. W K m pw CL ui zz �w FRONT ELEVATION rrPe o airs END ELEVATION rrPe a unrs OD O o� oa 3a a Spas 4 aHN A2.90 Woodburn TSP Updete September 2019 N R A WO�.q DgyUR. v I �. x I -- I I p radion 3yvrmm 111-Upeiann ® �r I � evv�,° x --___---_ a n ; f m ff s � fi u m � It f � t ...... vc c—vnV r XA f e t Ms F NON ) { m, r I. d f Existing Roadway c c N N / —Freeway r as ax ro Major Arterial s° -- Minor Arterial r� ° Service Collector Access Street ' ti Future Roadway / e ___—.'____— ,s BOO k Future Mator Arte rial t ss r-r ro d�,�NQ�'n1111"11�.�Q"'llll� 1�p,ull:. Future Minor Arterial 0 1 `2ixr Future Service Collector " t $ P — Future Access Street 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 subject to further refinement. 171 Woodburn TSP Updete September 2019 WOODBURN rmmm T,—p—.0—Sy.--111—Upd-n � KIIII w 41 m,.000a.v r w° .r nra A rrf a , u° 0 S oF. I A irysr o "�j a. c ,J y i t If, ____.,._____I tltl !I��'nlhrru uiit 0 8 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. 172 COUNCIL BILL NO. 3155 RESOLUTION NO. 2171 A RESOLUTION APPROVING TRANSFERS OF FY 2020-2021 APPROPRIATIONS AND APPROVING A SUPPLEMENTAL BUDGET WHEREAS, ORS 294.463(1 ) permits "transfers of appropriations" within any fund "when authorized by official resolution or ordinance of the governing body"; and WHEREAS, ORS 294.463(2) limits "transfers of general operating contingency appropriations to no more than fifteen (15) percent of the total appropriations of the fund" unless adopted pursuant to a supplemental budget; and WHEREAS, transfers made pursuant to any of the above must state the need for the transfer, the purpose for the authorized expenditure, and the amount of the appropriation transferred; and WHEREAS, ORS 294.471 (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 294.473 requires the governing body to hold a public hearing on the supplemental budget when the estimated expenditures contained in the supplemental budget for fiscal year or budget period differ by ten (10) percent or more of any one of the individual funds contained in the regular budget for that fiscal year; and WHEREAS, the transfers contained herein are made pursuant to ORS 294.463; and WHEREAS, the supplemental budget contained herein is made pursuant to ORS 294.471; and WHEREAS, a public hearing was held May 24, 2021 on the supplemental budget changes, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That pursuant to the applicable ORS provisions cited above, the City Council hereby approves the transfers of appropriations and supplemental budget for FY 2020-21 in the amounts shown and for the purposes outlined in the summary. Page 1 - COUNCIL BILL NO. 3155 RESOLUTION NO. 2171 173 SUMMARY OF PROPOSED BUDGET CHANGES AMOUNTS SHOWN ARE REVISED TOTALS IN THOSE FUNDS BEING MODIFIED General Fund 001 Resource Original Change Revised Requirement Original Change Revised 1 1 Planning Material&Services 70,750 50,000 120,750 2 Contingency 3,938,440 (50,000) 3,888,440 Revised Total Fund Resources Revised Total Fund Requirements Comments:Planning Assistance Grant HB2001&HB2003 SUMMARY OF PROPOSED BUDGET CHANGES AMOUNTS SHOWN ARE REVISED TOTALS IN THOSE FUNDS BEING MODIFIED Building Fund 123 Resource Original Change Revised Requirement Original Change Revised 1 Revenue 1,898,890 700,000 2,598,890 1 Operating Expenses 1,898,890 700,000 2,598,890 2 2 Revised Total Fund Resources 2,598,890 Revised Total Fund Requirements 2,598,890 Comments: Increase in revenue&expense due to high building activity affecting associated taxes SUMMARY OF PROPOSED BUDGET CHANGES AMOUNTS SHOWN ARE REVISED TOTALS IN THOSE FUNDS BEING MODIFIED Urban Renewal Fund 720 Resource Original Change Revised Requirement Original Change Revised 1 Revenue 1,953,260 100,000 2,053,260 1 Operating Expenses 1,953,260 100,000 2,053,260 2 2 Revised Total Fund Resources 2,053,260 Revised Total Fund Requirements 2,053,260 Comments:State Grants allocated to Urban Renewal capital projects. Approved as to Form: City Attorney Date APPROVED: Eric Swenson, Mayor Passed by the Council Submitted to the Mayor 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. 3155 RESOLUTION NO. 2171 174 �'I'1 r I Iii♦ r} Y 9M& Its BU Pri,a�<;rrt rr rf aA'!R7 May 24, 2021 TO: Honorable Mayor and City Council through City Administrator FROM: Kathleen McClaskey, Transit Manager Karen Sherman, Special Programs Manager SUBJECT: Transit Vehicle Purchase RECOMMENDATION: Authorize the City Administrator to enter into an agreement to purchase a transit bus from Creative Bus Sales for $333,869. BACKGROUND: This vehicle purchase was initiated when the Transit Division identified a need to replace one of the oldest transit vehicles in its fleet, the 2006 Champion. The Champion is a Category B mid-sized bus with over 160,000 miles. Staff drive it on the Fixed and Express routes. The fifteen-year-old vehicle meets the Oregon Department of Transportation's (ODOT) criteria that a vehicle completes its useful life after being driven for ten years. An additional consideration for replacing the Champion is its need for significant repairs in the near future. With this need in mind, the City applied for, and received, a competitive Federal Transit Administration (FTA) grant for a bus purchase. The grant covers 80% of the vehicle purchase price, up to $300,000. The grant recipient must match 20% of the vehicle's purchase price. State transit funds, including the City's Statewide Transportation Improvement Funds (STIF), are allowable as the match. Staff completed the procurement process, working with ODOT to solicit Request for Transit Vehicle Price Quotes. The procurement was in compliance with FTA requirements and approved by ODOT's Public Transportation Division. The Arboc Spirit of Equess (Equess) was determined to be the best replacement vehicle for the Transit Division's needs and is available from the Creative Bus Sales vendor. Both the Champion and the Equess are medium size 35-foot buses with similar numbers of seats; the Equess has 32 passenger seats with two ADA mobility device stations. The new vehicle will have a useful life of 10 years, or 350,000 miles. The City is familiar with Arboc buses; the Transit fleet includes an Arboc now that runs well and requires few repairs. The Champion is an older model with a high floor. A Agenda Item Review: City Administrator_x City Attorney_x Finance_x 175 Honorable Mayor and City Council May 24, 2021 Page 2 benefit of the Equess is that it will include a low-floor with an air-assisted kneeling system, and is one of the most economical medium-size buses available with this feature. DISCUSSION: This purchase is consistent with the 2010 Transit Plan, which recommends the purchase of low-floor vehicles. Low-floor vehicles offer several advantages over standard high-floor buses. Low-floor buses offer much faster boarding and de- boarding, especially for the elderly or individuals with a mobility device. Low-floor buses have more reliable and easier-to-operate ramp mechanisms for boarding and de-boarding passengers in a wheelchair or mobility device. Low-floor buses also facilitate easier boarding for children, passengers carrying groceries, strollers, and other large loads. Low-floor buses also tend to be more "modern" and can help enhance the image of transit in the community. FINANCIAL IMPACT: The vehicle purchase price will be $333,869 and funded by a FTA grant that supports 80% of the purchase. Statewide Transportation Improvement Fund (STIF) Formula Funds will provide the remaining 20% match. ODOT administers both sources of funds. Funding Sources & Amounts: FTA Grant $267,095.20 STIF Formula Funds $66,773.80 Total Vehicle Purchase Price $333,869 Total expenditures will also include vehicle graphics. Graphics are estimated at $5000 or less and will be funded by the same two sources. The bus procurement is included in the Transit Division's FY21-22 budget. Given the long lead-time for the bus production, it is likely that delivery of the vehicle and payment to the manufacturer will occur in late calendar year 2021 or early 2022. Attachments Creative Bus Sales' Response to Request for Transit Vehicle Price Quote (RFQ) Spirit of Equess Floor Plan 2020 ARBOC Spirit of Equess Construction Specs (5.8.20) 176 REQUEST FOR TRANSIT VEHICLE PRICE QUOTE (RFQ) This is (check appropriate): ® Initial Request for Quote (from Requesting Agency to Vendors) Due Date: March 19, 2021 Response to RFQ (from RespondingVendor back to Requesting Agency) :..`: uraunf III: unJcJ IIC:Iui, Illiac mma'ui,aurifJ ui,ccuriuicurif IIIuriuiIllcui, VENDOR (Business Name): _Creative Bus Sales Vendor Contact Person: _Ken Jarmer Phone: _(425) 609-1500 Ext 314 Email Address: kenj@creativebussales.com Alt Phone: _(503) 936-4320 X Meets Buy America Standards (49 USC § 53230); 49 CFR part 661) REQUESTING AGENCY INFORMATION Agency City of Woodburn Date: March 2, 2021 Contact Person: Kathleen McClaskey Phone: (503) 982-5245 Email Address: at leen. cclas ey i. oo burn.or.us Fax: (503) 981-7206 Agency Address: 270 Montgomery St. Woodburn, OR 97071 The above Agency, through its Public Transit program or public transit affiliate, is requesting price quotes from Oregon State Price Agreement Contract Vendors for the purchase of the following vehicle(s): From (circle): Oregon State Price Agreement No. of Vehicles Required: 1 PTD Vehicle Category (Check): (Please see PTD Vehicle Descriptions and Useful Life Standards) ❑ Cat A ® Cat B ❑ Cat C ❑ Cat D ❑ Cat E_ (select from 1 to 3) Length (can be range): 30-35 Regular Seats: 27-35 ADA Stations/Ti edowns: 2 Fuel Type: ® Gasoline ® Diesel ❑ Bio-fuel ❑ Hybrid ❑ CNG ❑ Propane ❑ High Floor ® Low Floor Other Comment: RFQ Updated 11/15 Page 1 of 5 177 The general specification for vehicle is as follows: This specification describes a steel cage, low floor, commercial vehicle designed for Commercial or Transit applications that meets all the requirements of ADA and the FMVSS Safety Standards in effect at the time of manufacture. The purpose of these specifications is to describe a Mid-size vehicle suitable for transporting both ambulatory and non-ambulatory passengers in both rural and urban areas. The vehicle must be of the Low Floor type with air suspension or approved alternatives to both front and rear suspension. The Heavy-Duty Vehicle must have been submitted to the Altoona Vehicle Test Center for a 10 yr./350,000 mile Surface Transportation and Uniform Relocation Assistance Act (STURAA) test. Testing must have been completed on current body style being converted. One (30-35) foot Low floor bus with a minimum of 27 seated passengers and two ADA stations with tie-downs is requested. A. VENDOR'S VEHICLE BASE PRICE INFORMATION VEHICLE / This Section to be completed y Vendor Enter base price from tate Vehicle Make/Model: ARBOC/Equess rice Agreement below Length: 35' 6" Fuel Type: Diesel Floor: E] High FloorX_ Low Floor ter: $323,022 No. of Regular Passenger eats: 32 No. of ADA Stations /Tie o ns Desired: 2 Other SpecialNote: B. VEHICLE REQUIRED SPECIFICATIONS Requesting Agency completes Description column Vendor completes "VendorResponse" columns VENDOR RESPONSE Requesting Agency's Vendor Suggestions Required Specifications Description (related to vehicle specs) Altoona Test Executive Summary Yes At the end of the RFQ are 3 required certification attachments. Theses must be returned with the RFQ Yes. Attached as separate files. response. Failure to include will render your response non- responsive. RFQ Updated 11/15 Page 2 of 5 178 All standard specs per State Price Agreement. Include a list of vendor provided standard specs with RFQ response Yes. Base build attached. including all chassis specs. Vehicle should be 30-35 ft long low floor with fully welded Yes frame Gas ergine preferrorl Diesel accepted. Please provide engine information (make/model/torque/fuel) Cummins/ISB 6.7L/560ft-Ib@1600RPM/Diesel Heavy-Duty Allison B220 (6-speed) transmission (or equivalent) Allison B210 Heavy Duty 6-Speed Transmission One-piece composite roof required. Roof mounting a/c Yes accepted Low-floor bus with air assisted kneeling system with Yes mechanical height control (or equivalent) ADA Power entry ramp with a manual bypass Yes Treated floor, undercoated and insulated Yes, Yes, N/A Comfortable driver's area to accommodate both small and Yes large operators. Exhaust routed to the rear of the vehicle Yes No interior steps allowed — smooth plane throughout Yes required Minimum 39" power operated entry door with power ramp 36" x 76" Clear Opening Molded plastic passenger seats, Citiseats or equivalent with level 3 vinyl. Agency to pick seat mold color from vendor Yes, on all. choices after award. Delete seat belts. Include: Aisle side armrests and Grab handles on all seats. Adequate driver and passenger HVAC system for Pacific Yes. ACT RTS7575/21 A/C System - RTS-75 NW weather with separate controls in the drivers area Roof Top System w/TM31 Compressor (controls must be in reach of driver when seated) Driver's storage compartment must be lockable Yes Yield sign to be triangle type like TRIMET Yes. DATA LED Electronic Yield/Merge Sign Bike Rack (standard 3 position) must include a separate Yes. Sportworks Apex 3 Stainless Steel light for night security Exterior heated / remote mirror controls must be in driver Yes reach when seated Diamond (or equivalent) Fare box to match existing fleet with 1 vault installed and one spare shipped loose. Keyed Yes. Diamond XV Farebox with Stand for Woodburn Transit buses Prewire for 2-way radio to exit right of doghouse Yes Body Fluid Kit - Installed Yes RFQ Updated 11/15 Page 3 of 5 179 2 Wheelchair stations with Q-Straint QRT (or equivalent) wheelchair securements and L Track run full length of bus Yes, Yes on floor and wall for maximum flexibility Driver barrier/ enclosure for COVID-19 safety. Please provide drawing/layout/design info/photos of proposed Yes. Please see attachments. enclosure Safety Vision (or equivalent) security camera system with 5 cameras. Include backup view monitor for the rear facing Yes. Safety Vision. camera. Purchased & installed to match existing fleet Destination Signs to match existing fleet. Hanover (or Yes. Hanover. equivalent) with 10-year warranty PA with gooseneck Mic Yes Garbage Can rack (installed to right of driver) Yes Powder Coat Yellow— all railings, handrails and stanchions. Yes Include entry door grab handles Installed Auto tire chains. Provide mfg information with RFQ response. MUST be tested locally for correct installation Not Available before delivery. Air operated driver seat required Yes Subtotal Cost of RequiredOptions: $570 Total Vehicle Cost With All Required Options: $323,592 EstimatedVehicle Privilege Tax(if billing toagency) ® NOTE: ADA $1,581 Please note that this amount will Modifications are exempt from tax vary if Preferred Options are selected from below. Tax will be.5%of final purchase price. Total with all cost above $325,173 C. VEHICLE PREFERRED OPTIONS $Additional Vendor Included in Cost for Suggestions Requesting Agency's Preferred Options Description ase rice? ption (related to Y /NO (or Note Not vehicle specs) Available) 2 Accessory fans for driver— mounted No $210 Rack or display case for advertising and notices inside the No $145 bus to hold a minimum of 4 tri fold brochures Hanover. Interior notification display (reader board/destination sign) No See below* Included w/ system below. Extendable visors for driver Yes RFQ Updated 11/15 Page 4 of 5 180 Hanover. Replaces Hanover destination sign and radio in required options. Adds Hanover Voice announcement system for destinations to work with No $8,260* AVA system with destination signs. Include all fees/installation costs. Front & Side destination signs, interior reader board and voice announce. Adds compatible REI VR3000 radio. Subtotal Cost of PreferredOptions: $8,615 Vendor's Signature. Date Sent. Vendor's Response Back to RFQ- Please sign and date your response here. Sample Floor plan (Attach or cut-and-paste new plan here, or attach on back) Please see attached floorplan PDF. VENDOR INFORMATION Vendors are strongly encouraged to submit price quotes using the format provided. Vendors should specifically note if and how they meet the above specifications and note any differences in what has been called out above, in their price quotes. This may be done on the form, or on an attached sheet. The vehicle(s) will be purchased with funding from the Oregon Department of Transportation, Public Transit Division and the Requesting Agency, and will follow applicable Federal and State procurement guidelines. Price Quote shall be submitted to the Requesting Agency contact person named on the first page on this form. Price Quotes may be sent by U.S. Mail, emailed, or faxed to the addresses for Requesting Agency noted on page 1 of this form. Vendors are required to submit the following certification attachments with each Quote response: Attachment 1 —Certificate of Compliance with Bus Testing Requirement Attachment 2— Pre-Award FMVSS and Buy America Certification Attachment 3—Transit Vehicle Manufacturer(TVM) Certification (DBE) These signed attachments are included as separate files. VEHICLE SELECTION INFORMATION Selection of the vehicle and successful price quote will be based on: ® Lowest Cost With Required Specifications (Lifecycle costs may be considered in price determination and may affect lowest bid determination) ❑ Best Value Determination (ODOT PTD pre-approval required.) The Best Value Determination criteria are as follows: RFQ Updated 11/15 Page 5 of 5 181 NOTES 211 "1 - 1.E -EGRESS WINDOW LOCATION 35'-6- 75 260 92 15/16 I80• E E 0 + 0 q N I + + Li + ENGINE FUEL loo AREA AREA I + ROOF HATCH + + RAMP I + I + I + I + I + I + I + ARBOC6 y S FLOOR PLAN,32PS-2WL-260WB-SOE I DOOR / PE R. c1RRM EA� ? q�( W AORRNcroTIE IPII RE—AsoMB.,nos ER—NBY. RATE DE NCNUMBER vSIONoR.U` EEREoNREE TEENVREss Air——SAN R VR01c MSN 3/17/2021 1206909 ARBOC Spirit of Eque.. o� rrrrr�� ti��11 j %............. .......... I fi I, I tl4 i y Photos Shown with Optional Equipment ARBOC Specialty Vehicles, LLC 2020 Construction Specifications 183 CONTENTS CONTENTS............................................................................................................................... 2 ARBOC SPECIALTY VEHICLES, LLC ® Low Floor Commercial Bus........................................ 3 1.0 SCOPE: MID-SIZE LOW FLOOR BUS.......................................................................................3 2.0 PURPOSE........................................................................................................................................3 3.0 CLASSIFICATION: MID-SIZE LOW FLOOR BUS.....................................................................3 4.0 EXCEPTIONS TO SPECIFICATIONS:........................................................................................4 5.0 ITEMS NOT ELIGIBLE FOR EXCEPTIONS:..............................................................................4 6.0 MATERIALS.....................................................................................................................................6 7.0 WARRANTY.....................................................................................................................................6 8.0 GENERAL INFORMATION............................................................................................................7 9.0 CONSTRUCTION AND SPECIFICATIONS:...............................................................................7 10.0 ELECTRIC ZERO EMISSION BUS....................................................................17 Revised: 5/8/2020 Page 2 184 ARBOC SPECIALTY VEHICLES, LLC ® Low Floor Commercial Bus 1.0 SCOPE: MID-SIZE LOW FLOOR BUS 1.1 This specification describes a steel cage, low floor, commercial bus designed for use in Tour, Charter, Shuttle, and other Commercial or Transit applications that meets all the requirements of ADA and the FMVSS Safety Standards in effect at the time of manufacture. 1.2 The proposed bus must have been tested at the Federal Bus Testing center at Altoona, PA in the 10 year/350,000 mile category. 1.3 The bus provided must be of purpose built, semi-monocoque chassis design. Other chassis will not be accepted. 1.4 The bus must meet all the chassis specifications listed in Section 9.1. 2.0 PURPOSE 2.1 The purpose of these specifications is to describe a Mid-size bus suitable for transporting both ambulatory and non-ambulatory passengers in both rural and urban areas. 2.2 This vehicle is not a School Bus and is not intended to transport children to or from school. 2.3 The bus will be of a "Steel Cage" type construction with FRP (Fiber Reinforced Plastic) Composite skin laminated to a moisture resistant (less than 1%) substrate (not Luan) attached to the steel cage with urethane adhesive. The roof will consist of a single piece FRP skin laminated to the substrate and roof steel with urethane adhesive. The bus body is constructed of welded walls, sub floors, roof framing, and rear steel structure which are bonded and bolted together, forming an integrated steel cage around the passenger area. 3.0 CLASSIFICATION: MID-SIZE LOW FLOOR BUS 3.1 This specification is for a Mid-Size Low Floor Commercial bus of the "semi- monocoque" type. Revised: 5/8/2020 Page 3 185 3.2 The bus shall meet all requirements of the Americans with Disabilities Act even though the specific items may not be listed in detail in this specification. 3.3 The bus shall be of the Low Floor type with air suspension both front and rear. 3.4 The bus shall have a kneeling feature to lower the bus to meet 1:6 angle when ramp is deployed. 4.0 EXCEPTIONS TO SPECIFICATIONS: 4.1 Manufacturers of similar equipment of the type specified may submit requests for approved equals provided that the bus is built on the identical chassis specified and that they have produced this model in commercial quantities. Manufacturers of similar buses must be able to provide a list of current users of the proposed bus as references. 4.2 Manufacturers requesting any deviation from these specifications must provide actual test results supporting their claim. 4.3 Such requests must be accompanied by test reports and other evidence showing that the proposed product meets or exceeds the requirements of these specifications. 4.4 Any tests submitted to support a request for approved equal must have been performed by an Independent Professional Engineering Company and certified by a Licensed Professional Engineer. 4.5 This specification reflects the specific needs of this organization/agency. In order to standardize certain components, therefore, we have named specific brands of equipment. This has been done to establish a certain standard of quality and to standardize inventory of replacement parts. 4.6 Other brands will not be considered, as the brands specified are readily available and have been proven in Transit/Shuttle service. 5.0 ITEMS NOT ELIGIBLE FOR EXCEPTIONS: 5.1 There are several items in the specification that will not be considered for any deviation: 5.1.1 The chassis must be a purpose built semi-monocoque chassis in accordance with the chassis specifications listed. 5.1.2 The chassis must be completely low floor in nature from the front entry to the last rear seat riser, with no other slopes, steps, or transitions in height of the walking surface. Revised: 5/8/2020 Page 4 186 5.1.3 The chassis shall be designed to optimize the passenger area between the axles in order to maximize the open floorplan. The wheelbase shall be more than 156" on a bus less than 27' in overall length. 5.1.2 The Passenger door must be dual panel, outward opening electrically operated with one full length window in each panel. The windows shall have a minimum of 14.5" wide and 74" high visible viewing area. 5.1.3 The entry door must be forward to assist driver in seeing the passenger entry. 5.1.4 The Exterior skin must be FRP (Fiber Reinforced Plastic) Composite skin Laminated to a moisture resistant substrate (less than 1% absorption) attached to the steel cage with urethane adhesive. No Luan is permitted in the sidewalls or rear end wall of the bus. Laminated constructions with Luan or other wood materials are not allowed as they can lead to corrosion of the skin due to the wicking of moisture into the wood material. 5.1.5 The steel cage must be Powder Coated (minimum of 1,000 hour salt spray test) after fabrication, prior to final assembly. 5.1.6 The steel structure of the walls must extend completely to the floor level and continue to the lowest part of the bus. Separate skirting that only serves a decorative purpose is not allowed; every part of the sidewall must have the steel cage structure behind the exterior skin. 5.1.7 The overall width of the bus to be a nominal 100", excluding mirrors, fenders & lights, as narrower buses do not allow sufficient space for wheelchair maneuverability. 5.1.8 The powertrain shall be designed to include a transversely mounted engine, in order to optimize the length and packaging of the vehicle, and to provide superior maintenance accessibility to the power train assembly. 5.1.9 The bus will be designed with a short rear overhang to provide ease of maneuverability, limited rear swing on turns, and to maximize the flat floor section between axles. The length of the bus from rear axle to rear bumper shall be less than 70 inches. 5.2 Any exceptions approved will be in writing and will be distributed to all prospective bidders and other interested parties. The approval, if granted, shall extend to all bidders and not just to the bidder who made the request. 5.3 Vehicle Manufacturer must carry at least $215,000,000 liability insurance. Revised: 5/8/2020 Page 5 187 5.4 The vehicle must have passed all applicable FMVSS including FMVSS 214 and test results must be submitted with bid proposal. 6.0 MATERIALS 6.1 All materials used in construction of the bus shall be new and unused; returned or reconditioned components will not be accepted. Brand names and part/model numbers of the major components will be listed and must comply with the brands and models specified in these specifications. 6.2 Major components include but are not limited to Seats, Windows, W/C ramps, W/C Tie downs, Air Conditioning/ Heat, Flooring, Floor Covering, Entry Door, and Chassis. 7.0 WARRANTY 7.1 STANDARD WARRANTY COVERAGE: The basic components originally built, installed, or modified by ARBOC, which a Customer does not get a choice in supplier option such as the windows, floor covering, suspension, interior ABS, stanchions, and electrical system including lights, switches, entry door are warranted free from defects in workmanship or materials for a period of 3 years or 75,000 miles, whichever occurs first. 7.2 POWERTRAIN WARRANTY COVERAGE: The basic structural components originally built, installed, or modified by ARBOC, such as the Engine & Powertrain, Transmission, Drive Axle, and Emissions System are warranted free from defects in workmanship or materials for a period of 5 years or 100,000 miles, whichever occurs first. 7.3 STRUCTURAL WARRANTY COVERAGE: The basic structural components originally built, installed, or modified by ARBOC, such as the exterior sidewall structure, rear wall structure, roof structure, floor structure, and chassis frame sections are warranted free from defects in workmanship or materials for a period of 7 years or 250,000 miles, whichever occurs first. 7.4 MANUFACTURER SUPPLIED COVERAGE: The optional accessories and/or components covered by separate manufacturer warranties and originally installed by ARBOC including, but not limited to electronic components (alternators, batteries, TVs, radios, PA systems, destination signs, camera systems), air conditioning/heating (not related to chassis system), paint, wheelchair ramps, safety equipment, and seating equipment. Warranty terms on these items will be subject to separate manufacturer warranties and may be administrated separately by the component manufacturer. Revised: 5/8/2020 Page 6 188 8.0 GENERAL INFORMATION 8.1. DIMENSIONS 8.1.1 Exterior Width: 100" nominal excluding mirrors, fenders and lights 8.1.2 Interior Width: 96" minimum 8.1.3 Interior Height: 84" minimum from front to back when measured at center aisle 8.1.4 Exterior Height: 104" maximum excluding roof hatch or roof mounted A/C units 8.1.5 Rear Overhang: Shall be kept to a minimum 8.2.0 BASE MODELS 8.2.1 SOE 2700 156" WB/27'-0" Overall Length Diesel/CNG 28,530 GVW 8.2.2 SOE 2950 191" WB/30'-0" Overall Length Diesel/CNG 28,530 GVW 8.2.2 SOE 3450 254" WB/34'-0" Overall Length Diesel/CNG 28,530 GVW 8.3.0 PASSENGER SEATS AND CAPACITY 8.3.1 Seating Capacity: 1-33 passengers (Passenger weight based on Federal Guidelines) 8.3.2 Wheelchair Positions: 1-6 (dependent upon wheelbase and seat configuration) with minimum of 48 x 30 wheelchair floor space. 8.3.3 Seated Knee Room Forward: 27" minimum 8.3.4 Seated Width per Seat: 17" (wider seats optional) 8.3.5 Cushion Height above finished floor: 17-1/2" minimum/18-1/2" maximum 8.3.6 Minimum Aisle: 24" standard (options may affect aisle width) 9.0 CONSTRUCTION AND SPECIFICATIONS: 9.1.0 LOW FLOOR SEMI-MONOCOQUE CHASSIS 9.1.1 Engine: Cummins ISB 6.7L/240 HP Turbo Diesel Engine Revised: 5/8/2020 Page 7 189 9.1.2 Base Transmission: Allison B220 Heavy Duty 6-Speed Automatic with Transmission Cooler 9.1.3 Horsepower: 240 at 2400 RPM Diesel/220 at 2400 RPM CNG 9.1.4 Torque FT/LBS at RPM: 560 at 1600 RPM Diesel/520 at 1600 RPM CNG 9.1.5 Standard Axle Ratio: 4:50:1 9.1.6 Fuel System: Diesel (CNG Option) 9.1.7 Battery: (2) Deep Cycle Heavy Duty 1460 CCA 9.1.8 Dual 210 amp Leece Neville, 420-amp total/12 V 9.1.9 GVWR: 28,530lbs. 9.1.10 GAWR Front Axle: 9,880 lbs. 9.1.11 GAWR Rear Axle: 18,650 lbs. 9.1.12 Fuel Tank: 70 Gallon tank mounted over rear axle (diesel)/77 DGE (CNG). Dual fuel locations - curbside & roadside. 9.1.13 Tires: 245/70Rx19.5 G Rated on Accuride 19.5" x 7.5" Steel Powder Coated White Rims (optional 22.5" tires available) 9.1.14 Dual Rear Wheels 9.1.15 Brakes: Pneumatically Actuated Heavy Duty Air Disc Brakes with four- wheel anti-lock system 9.1.16 Park Brake: Spring actuated, air release on axle 9.1.17 Wheel Base Availability: 156, 191 & 254 inches 9.1.18 Full-Flow Oil Filter (Disposable Type) 9.1.19 The frame shall be semi-monocoque construction of high strength steel. Main underfloor members shall be closed tube construction with a maximum section height of 4". 9.1.20 Power Steering: Hydraulic 9.1.21 Tilt Steering Wheel Revised: 5/8/2020 Page 8 190 9.1.22 Cruise Control- Electronic 9.1.23 Horn: Dual Note Tone 9.1.24 Air Cleaner: Heavy Duty canister type 9.1.25 Driver Side Sun Visor 9.1.26 50 State Emissions 9.1.27 Power Port: (1) 12 Volt 9.1.28 Daytime Running Lights 9.1.29 Exhaust system shall be equipped with a heavy duty, corrosion resistant exhaust system which meets or exceeds FMVSS and EPA noise level and exhaust emission (smoke and noxious gas) requirements. Exhaust piping shall be mounted using standard equipment and shall be bolted to the frame. Exhaust U-bolts, when used, shall be installed with thread orientation directed upwards. Exhaust must exit street side rooftop. 9.1.30 Dedicated Drivers A/C, Defroster, and Heat 9.1.31 Low Oil Pressure Light 9.1.32 High Engine Coolant Temperature 9.1.33 Power Steering 9.1.34 Service area includes Dual Batteries, Emergency air quick disconnect, Rotary Electrical Disconnect Switch, Fuel/Water Separator and DEF Fluid Fill. 9.2.0 BUMPERS 9.2.1 Bumpers shall be steel and powder coated black. (Optional: Front and Rear Energy Absorbing Bumpers are available). 9.3.0 SUSPENSION 9.3.1 All chassis shall be equipped with a full air ride suspension, including Independent Front Suspension (IFS) and a full floating 4 air spring axle in rear. 9.3.2 All chassis shall be equipped with Air Suspension System powered by Wabco engine driven dual-piston air compressor. Revised: 5/8/2020 Page 9 191 9.3.3 When stopping for non-wheelchair passengers, operators may choose to maintain the vehicle at its normal ride height. 9.3.4 Kneel sequence operation is as follows: 9.3.4.1 Driver pulls into position 9.3.4.2 Driver opens door by actuating door control system until door is fully opened (interior passenger lights turn on when door is fully open). The vehicle must be below 2 mph for door to open. Driver then presses the "One-Touch" Kneel Switch. Bus systems apply 40% service brake to interlock the vehicle. 9.3.4.2A Door open limit switch sends signal to the vehicle controller to kneel the front. 9.3.4.2B The front of the vehicle kneels. 9.3.4.3 Driver then deploys the ramp by pressing/holding ramp deploy switch until ramp is fully deployed to a 1:6 ramp slope 9.3.4.4 Once the ramp is stowed and the door is closed the suspension controller will raise the vehicle to the normal ride height. If the driver neglects to close the door the controller will close the door automatically at 3 mph. 9.4.0 FLOOR CONSTRUCTION 9.4.1 The front floor construction shall be an integrated steel construction weldment comprising floor, wheel housings, ramp area and operator platform, and shall form an integral element of the cage structure. 9.4.2 The center floor sections shall be a steel floor section. 9.4.3 The integrated front and mid-floor chassis weldment shall be Huck-bolted to the rear axle carrier, and not require re-torqueing of structural fasteners after assembly. 9.4.4 The center floor decking shall be a 5/8" thick single piece of engineered wood with moisture barrier laminated to lower surface and moisture sealed edges. (Fully composite foam core floor is optional.) Revised: 5/8/2020 Page 10 192 9.4.5 The center floor shall incorporate angled coving by design to prevent accumulation of dirt or debris at the wall interior and aid in floor cleaning. 9.4.6 A sealant shall be used in body to floor corners to provide a water resistant seal as an aid in floor cleaning. 9.4.7 Ramp area & interior floor will be covered with an industry-standard floor covering. 9.4.8 The rear seat riser will be constructed of tube and plate steel and wood decking. 9.5.0 WHEEL HOUSINGS 9.5.1 The front wheel housings and integrated floor platform shall provide the primary structure required to support the standard independent front axle assembly through the full range of motion required by the bus. Wheel housings, as installed and trimmed, shall withstand impacts of a 2 inch steel ball with at least 200 ft-lbs. of energy without penetration. 9.5.2 Ample clearance shall be provided for tires under load and operating on both smooth and rough terrain. 9.5.3 Black rubber wheel flares will be installed. 9.5.4 Front and rear mud flaps are standard. 9.5.5 Underside of front wheel housings shall be coated with Poly Urea for corrosion and sound. 9.5.6 Galvaneal Clad- underside of rear wheel housings 9.6.0 CURB SIDE WALL, DRIVER SIDE WALL, AND REAR WALL 9.6.1 The steel structure of the walls must extend to and attach to the floor structure to complete an integral structural cage. Every part of the sidewall must have the steel cage structure behind the exterior skin. 9.6.2 Structural steel walls are comprised of 16 gauge material. 9.6.3 The entire steel structure must be bonded (structural bonding adhesive) and bolted together. Any other method of assembly will not be accepted. 9.6.4 Exterior wall surface is White FRP Composite laminated to a moisture resistant (less than 1% absorption) substrate (not Luan) attached to the steel cage with urethane adhesive. Revised: 5/8/2020 Page 11 193 9.6.5 Interior wall surface is Grey FRP Composite laminated to a moisture resistant (less than 1% absorption) substrate (not Luan) attached to the steel cage with urethane adhesive. Options to replace include Nanocide, Auto Cloth (Grey), or Vinyl Soft Touch (Grey). 9.6.6 Luan used as a substrate is not permitted in the exterior or interior of the of the wall construction. Experience has shown that construction using Luan can lead to moisture wicking into the walls causing corrosion of the exterior skin. 9.7.0 ROOF CONSTRUCTION 9.7.1 Structural steel roofs are comprised of 16 gauge material. 9.7.2 The entire steel structure must be bonded (structural bonding adhesive) and bolted together. Any other method of assembly will not be accepted. The bottom tube of the roof assembly will be bonded and bolted into the rivnuts of the side wall upper C-Channel. 9.7.3 Exterior roof surface is White FRP (Fiber Reinforced Plastic) Composite laminated to a moisture resistant (less than 1% absorption) substrate (not Luan) attached to the steel cage with urethane adhesive. 9.7.4 Exterior FRP (Fiber Reinforced Plastic) Composite will be secured to the side walls with the seam being covered by a rain gutter. 9.7.5 Exterior seams are only allowed at the junction of the front cap and rear cap. Any other seams on the exterior of the roof are not permitted. 9.7.6 Interior ceiling surface is Grey FRP composite laminated to a moisture resistant (less than 1% absorption) substrate (not Luan) attached to the steel cage with urethane adhesive. Options to replace include Nanocide, Auto Cloth (Grey), or Vinyl Soft Touch (Grey) 9.8.0 PASSENGER ENTRY DOOR 9.8.1 Entry Door shall be a dual panel swing out type door with two glass windows. Optional slide-glide electric door is available. 9.8.2 Door Opening: 39" wide minimum clear opening (35" w/standard entry assist handles) and 76" high clear opening. 9.8.3 Door Windows Dimensions: 14.5" x 69" minimum Revised: 5/8/2020 Page 12 194 9.8.4 Entry doors shall incorporate gaskets and/or seals to provide a barrier against intrusion by wind, water, and dust around the perimeter. The seal at the center of the door shall be by means of full height overlapping rubber seals, and shall include a barrier or sweep at the bottom of both doors. 9.8.5 Passenger entry door shall function through the use of an electric door mechanism and be equipped with sensitive edges for safety. 9.8.7 For emergency situations, a manual door release control shall be provided over the top of the door, and shall be designed to permit simple operations to override the electric door operator. 9.8.8 Standard operating for the passenger entry door will not allow the door to be opened when vehicle is traveling faster than 2 mph for safety. 9.8.9 Steps are not allowed as all passengers shall enter by way of passenger entry door. 9.8.10 Optional rear side exit door when included shall provide adequate clearance for passenger egress and include sensitive edges for obstruction avoidance. When obstructions occur the door shall re-open and the driver must re-close the door. 9.9.0 MIRRORS 9.9.1 Interior 6" x 16" Convex Mirror shall be standard 9.9.2 Exterior rear view heated/remote mirrors shall be provided and mounted to view down each side of the bus as standard. 9.10.0 WINDOWS 9.10.1 Solid windows are standard (Options include t-slider windows & frameless bonded windows) 9.10.2 Window frames will be anodized black as standard. 9.12.3 Passenger windows shall be a minimum of 19" or 36 and 36" high. (Body length will dictate sizes) 9.11.0 EMERGENCY EXITS 9.11.1 Hinge-out windows shall be installed for emergency escape and shall comply with FMVSS-217. Revised: 5/8/2020 Page 13 195 9.11.2 Emergency Escape windows shall be clearly labeled and operation instructions shall be clearly visible at each escape window. The emergency release handle will meet FMVSS-217 requirements and shall not return to the locked position automatically; it shall require the driver or other authorized person to manually re-lock it. All emergency exits shall comply with F.A.C. 14-90. 9.11.3 Each emergency exit shall be identified with a 12 volt red LED lamp assembly, with a 10,000 hour life bulb, wired to the vehicle ignition circuit. Next to or immediately below each LED light fixture shall be a decal, one inch white letters on red background, stating "Emergency Exit". 9.11.4 There shall be a roof hatch in every vehicle. 9.12.0 ELECTRICAL 9.12.1 The vehicle shall be equipped with a heavy-duty (12 volt) Multiplex controlled electrical system. All components are to be selected and integrated to function in an environment characterized by low engine (alternator) speeds and high amperage draws due to lights, air compressor, wheelchair ramp, 4-way flashers, air conditioning/heater, and other accessories in constant operation. 9.12.2 Bus systems to be controlled by a multiplex system with programmable inputs and outputs, system shall be capable of communicating to the chassis control modules to provide interlock functionality. Communications shall be via J1939 network. System to include diagnostic LED's for troubleshooting. 9.12.3 The vehicle shall be equipped with a rotary disconnect switch that removes 12V battery power from all loads except for ECU (Engine Control Unit) & TCM (Transmission Control Module) Memory. 9.12.4 A fast idle system shall also be controlled by the multiplex system and be programmable to automatically increase the engine speed (RPM) to approximately 1200 RPM on diesel engines. The fast speed idle shall engage only when the vehicle is in Park and the parking brake applied. 9.12.5 The vehicle shall be equipped with a backup alarm. 9.12.6 The vehicle shall be equipped with an Engine Driven Compressor System with an Air Pressure Gauge mounted on the OEM dash, air dryer control system, and diagnostic module. Revised: 5/8/2020 Page 14 196 9.12.7 The vehicle shall be equipped with an Exterior Toggle Switch for emergency use of the entrance door located curbside lower front corner behind and above the front bumper. 9.12.8 The vehicle shall be equipped with a Ramp Activation System that includes Exterior Ramp Toggle Switch. Optional Key Ramp Switch is available. 9.12.9 The vehicle shall be equipped with a driver console with switch panel that includes (6) available spaces for switches that includes but not limited to entry door, ramp, and interior lights. Switches to be multiplex type with J1939 network communications to the vehicle controller. 9.12.10 The interior passenger area shall be equipped with (8) individual LED lights (4 drivers side/4 passenger) or optional full length programmable LED lighting. 9.12.11 The ramp area shall be equipped with (1) exterior overhead door light and (2) LED Stepwell Lights to illuminate the entry floor/ramp platform meeting ADA specs. These lights shall activate when the door is opened and or the ramp is deployed and turn off when the ramp is stowed or the door closed. 9.12.12 The driver's seat and instrument panel area shall have a flush-mounted ceiling light to provide general illumination. The light shall be controlled by the operator through a switch on the front console and shall illuminate without ignition activation. 9.12.13 The vehicle shall be equipped with center-top mounted third brake light, tail brake lights, rear turn signals, back-up lights, and state license tag lights shall be LED fixtures. All rear exterior lights integrated into rear ABS Cap. 9.12.14 All wiring shall be SXL/GXL and be sized to minimize voltage drop at full load. 9.12.15 Entire harness system and mating electrical components are plug- connected with lock tab connectors; all terminals are machine crimped; all harnesses shall be covered in high temp conduit; all exterior under body/under hood connectors are IP67 rated sealed connectors and all wiring shall be color coded and function labeled every 6 inches without having to use a legend. 9.12.16 All body wiring shall be run inside the body in a protected area. All wiring shall be in a loom and secured for maximum protection. Clamps shall be rubber or plastic coated to prevent them from cutting the wiring insulation. Revised: 5/8/2020 Page 15 197 9.12.17 When routing wiring under vehicle all wiring shall be encased in a loom and attached to the frame and sub-floor structure with proper fasteners and shall not be bundled with hoses. The harness shall run in straight lines as close to chassis frame rails as possible. Any harness that goes over the rear suspension shall be encased in a conduit fixture securely fastened to the sub-floor rails or routed inside the frame rails. 9.12.18 All electrical components shall be placed in (Front and Rear) Electrical Panels. The panels shall be accessible through an exterior lockable access door. A legend shall be provided in an accessible location that displays circuit fusing and identification information. Rear engine controls shall be included in the rear electrical panel. 9.13.0 GRAB RAILS AND STANCHIONS 9.13.1 Handrails and stanchions shall be provided in the entrance of the vehicle including: 9.13.1A LH Entry Stanchion Stainless Steel with modesty panel. Fastening of the panel shall be by bolts - screws will not be acceptable. The front side of the stanchion shall include a handle for boarding and aligned with entry door grab handles. 9.13.1 B Entry Door Handles Stainless Steel mounted parallel to interior handles. 9.13.1 C RH Entry Stanchion Stainless Steel. 9.14.0 SEATING 9.14.1 Driver Seat: USSC Driver Seat w/Manual Base. Optional Air Ride Seat is available. 9.14.1 Seats shall be installed utilizing wall and floor tracking to provide flexibility and easy movement. 9.17.0 PASSENGER ENTRY RAMP 9.17.1 The entry ramp shall either be a Braun ramp or approved equal that is designed to let wheelchair and ambulatory passengers enter the bus once the ramp is fully deployed. Optional fold over ramp is available. 9.17.2 Entry ramp shall be rated at 1000 lbs. 9.17.3 Entry ramp shall be 62 inches minimum and provide a maximum 1:6 angle when deployed to the ground. Revised: 5/8/2020 Page 16 198 9.17.4 Steps are not allowed and all passengers shall enter by way of passenger door. 9.18.0 SAFETY 9.18.1 Every unit to include a White or Yellow Standee Line with a sign. 10.0 ELECTRIC ZERO EMISSIONS BUS 10.1 A full Electric Zero Emissions bus shall be made available with the following minimums. 10.1.1 A 710-Volt system with full multiplex control systems to maintain system integrity. 10.1.2 80 kwh with 200-mile range 10.1.3 Fully integrated inverter systems and direct drive motor maintaining original vehicles minimized overhang 10.1.4 Onboard battery management system integrated into systems controls 10.1.5 A combination of roof mounted and rear mounted battery strings to balance and control vehicle handling dynamics while maintaining serviceability. Revised: 5/8/2020 Page 17 199 V .4,, 9Cqd4 item 8U a 1,d f;'! 7 May 24, 2021 TO: Honorable Mayor and City Council FROM: Mel Gregg, Human Resources Director SUBJECT: COVID-19 Mask Guidance and Physical Distancing Requirements RECOMMENDATION: Decide whether the City will continue to apply the face mask and physical distancing requirements in state COVID-19 guidance or allow visitors to the workplace to make use of the vaccine exemption as outlined in OHA revised interim guidelines, effective on a date certain. BACKGROUND and DISCUSSION: On May 13, 2021 , the Centers for Disease Control and Prevention (CDC) updated its guidance for Covid-19 and released interim public health recommendations for fully vaccinated people, stating that fully vaccinated people no longer need to wear a mask or physically distance in any setting, except where required by federal, state, local, tribal, or territorial laws, rules, and regulations, including local business and workplace guidance. Following CDC's updated guidance, on May 18, 2021 , Oregon Health Authority (OHA) issued a revised statewide guidance regarding masks, face coverings and face shields, stating: Fully vaccinated persons, (i.e. anyone for whom two weeks has passed since receiving the single or both doses of a two-dose vaccine), are no longer required to wear face masks, face coverings, or face shields except when they are at a business or place of public accommodation that maintains masking requirements; in a health care setting; jail/correctional facility; shelter/transitional housing; on planes or trains or other public transportation; or at K-12 schools. OHA's Interim Guidance for Fully Vaccinated Individuals states: All businesses, employers and faith institutions are required to continue to apply and enforce the mask, face covering and face shield guidance and physical Agenda Item Review: City Administrator x_ City Attorney_x_ Finance_x 200 Honorable Mayor and City Council May 24, 2021 Page 2 distancing requirements in state COVID-19 guidance to all individuals unless a business, employer or faith institution: • Has a policy for checking for proof of vaccination status of individuals; and • Requests proof of vaccination status from each individual; and • Reviews each individual's proof of vaccination prior to entry or admission On May 19, 2021 , Oregon Occupational Safety and Health Administration (OR- OSHA) issued a statement regarding Vaccination Status in Relation to Oregon's Facial Covering and Social Distancing Requirements. This document stated that as outlined in the OHA document, if the employer chooses to allow either employees or visitors to the workplace to make use of the vaccine exemption, the employer does not need to enforce the physical distancing and facial covering requirements in relation to those individuals provided that the employer verifies the vaccination status of such individuals. An employer who requests and reviews verification of vaccination may permit fully vaccinated individuals with such proof of vaccination to go without a mask, face covering or face shield, and does not need to enforce physical distancing requirements for such individuals. Should the Council decide it wants to allow fully vaccinated visitors to City workplaces, with proof of vaccination status, to go without a mask/face covering, staff will then draft and adopt the necessary policies and procedures for checking an individual's proof of vaccination status as specified by OHA requirements. FINANCIAL IMPACT: None. Attachments: OHA Interim Guidance for Fully Vaccinated Individuals (Effective May 18, 2021 ) Oregon OSHA's Statement on Vaccines and Face Coverings (Dated May 19, 2021 ) 201 `fa� n OFFICE OF THE DIRECTORe alth Kate Birown, Governor 500 Summer St NII::.:: 1::::20 ahem OIR 97301 V6ce. 503-947-2340 Fax. 503-947-2341 Effective Date: May 18, 2021 IInterfirn GuidanceforIIS Individuals: Applicability li hili nd Enforcement of Mask, IIS ring and IS Ilhi l Guidance nd Physical IDistainding Requirementsin Public Settings Applicability: This guidance applies statewide to: • Fully vaccinated individuals in Oregon regarding requirements to wear masks, face coverings and face shields and physically distance; and • Places of employment, businesses, faith institutions, and other settings subject to current state guidance regarding mask, face covering and face shield requirements and physical distancing requirements. This guidance adjusts the applicability and enforcement of current state guidance for fully vaccinated individuals. Definitions. For purposes of this guidance the following definitions apply: • "Business" means an individual, organization or entity engaged in commercial, industrial, or professional activities, and includes the sectors listed in the Oregon Health Authorit s p.r._riisk_Il v ll g.gjic .nc ._c.h .r such as eating and drinking Y ... .. ... . ... establishments, indoor recreation and fitness establishments, indoor entertainment establishments, retail stores, indoor and outdoor shopping centers and malls, outdoor recreation and fitness establishments, outdoor entertainment establishments, and personal services providers. • "Face covering" means a cloth, polypropylene, paper or other face covering that covers the nose and the mouth and that rests snugly above the nose, below the mouth, and on the sides of the face. ■ The following are not face coverings because they allow droplets to be released: a covering that incorporates a valve that is designed to facilitate easy exhalation, mesh masks, lace masks or other coverings with openings, holes, visible gaps in the design or material, or vents. • "Face shield" means a clear plastic shield that covers the forehead, extends below the chin, and wraps around the sides of the face. • "Fully vaccinated individual" means an individual has received both doses of a two- dose COVID-19 vaccine or one dose of a single-dose vaccine and at least 14 days have passed since the individual's final dose of COVID-19 vaccine. 1 of 4 OHA372705182021 202 • "Health care setting" means places where healthcare is delivered and includes, but is not limited to, acute care facilities, long term acute care facilities, inpatient rehabilitation facilities, nursing homes and assisted living facilities, home healthcare, vehicles where healthcare is delivered (e.g., mobile clinics), and outpatient facilities, such as dialysis centers, physician offices, and others. • "Mask" means a medical grade mask. • "Proof of vaccination status" means documentation provided by a tribal, federal, state or local government, or a health care provider, that includes an individual's name, date of birth, type of COVID-19 vaccination given, date or dates given, depending on whether it is a one-dose or two-dose vaccine, and the name/location of the health care provider or site where the vaccine was administered. Documentation may include, but is not limited to, COVID-19 vaccination record card, or a copy or digital picture of the vaccination record card. • "Transportation hub" means any airport, bus terminal, marina, seaport or other port, subway station terminal (including any fixed facility at which passengers are picked- up or discharged), train station, U.S. port of entry, or any other location that provides transportation subject to the jurisdiction of the United States. Enforcement: To the extent this guidance requires compliance with certain provisions, it is enforceable as specified in Executive Order No. 20-66, paragraph 10. II y 11f:::`ace Covering, 11f:::`ace Shield and Physical Distancing lf r ii r l:::`ully Vaccinated Individuals: Regardless of requirements in other state guidance related to COVID-19, individuals who are fully vaccinated with proof of vaccination status are not required to wear a mask, face covering or face shield, or maintain physical distancing EXCEPT: • In health care settings. • In adult jails and correctional facilities. • In youth detention and correctional facilities. • In shelters and transitional housing. • In K-12 schools. (Fully vaccinated individuals must comply with .R cry Schoolia Safe ,I.... rn. r . .I SSL... guidance face covering requirements). • On planes, buses, trains, and other forms of public transportation traveling into, within, or out of the United States. • In U.S. transportation hubs such as airports and bus stations. • In other settings where the owner or operator continues to apply and enforce the .................... k ............................................................covering, nd face sh.iielld g.gjd ,nce, and physical distancing requirements in state OID-1guidance. 2 of 4 OHA372705182021 203 Applicability and Enforcement of Mask, Face Covering, Face Shield and Physical Distancing Requirements All businesses, employers and faith institutions are required to: Continue to apply and enforce the .imas.k face coverii.n( ............................. ...................................... I a n d f a c e shield gUidan.ce, ............................. ............................... .................................... and physical distancing requirements in state COVID-19 guidance to all individuals unless a business, employer or faith institution- • Has a policy for checking for proof of vaccination status of individuals; and • Requests proof of vaccination status from each individual; and • Reviews each individual's proof of vaccination prior to entry or admission. A business, employer or faith institution that has a policy for requesting and checking for proof of vaccination and requests and reviews proof of vaccination may permit fully vaccinated individuals with proof of vaccination to go without a mask, face covering or face shield, and does not need to enforce physical distancing requirements for such individuals. Businesses, employers and faith institutions may, at their discretion, continue to apply and enforce the M.ask face covering fgf��i.bjejd g.�jjd.ance, and physical distancing .............................. .................................................................... ................ .................................... requirements in state ..Q.Q.V.�Q 1 9 a.uJ.d a n gg, to all individuals, regardless of vaccination status, ....... ....... ................ ........................... and must continue to do so if they do not have a policy for checking proof of vaccination or have not reviewed proof of vaccination for an individual, or if the individual has declined to provide such proof. All businesses, employers and faith institutions should, but are not required to: • Post signs about mask, face covering, face shield requirements. • Post signs about mask, face covering, face shield requirement in languages that are commonly spoken by customers, visitors and attendees. Additional Resources • S.I.a..-.t..e.wJj..e Masks (Face C ver in s IFace Shields Guidance ............ .......................... ........civ ....... ................................................................................................................................. • Q.Q.V]Q 1 9 a n d 0I.e.ggD Q:p.IjA 0 rn i n -19 Resources ........... Q�.yi.s.i.o n Q..QYJ Q................................................................................... • H..ii.i:;jher E(dJuca-tiionCoor(dJiinatin Commission COVID-19 Resources .................................................................................................................................................................................................... • Ore on De artment of Fducation Resources ............... . p _ • OHA Shelter Guidance ................................................................................................................................ • Oregon Youth Authority Resources ............... • Oregon De artment of Corrections Resources ............... • ..0 H..A G.22 ef.2.11 G u ii..d..a n..c..e f2f EirnpjgygLLg��Djzafions .................. .......................................... • OHA Sector-spgLLfic G. uidance .............................................................................. • OHA Mask and IFace Cov rb aye ..............................................................................................................................................:g • Q H.A M a sh a ad F.2.ge C.2.v.:2.0.0.g....Ag.c.o.jim moda-fions Sil .................... ................... ............. ................... ................ ............................ ....................................................... ........... 3 of 4 OHA372705182021 204 Document accessibility: For individuals with disabilities or individuals who speak a language other than English, OHA can provide information in alternate formats such as translations, large print, or braille. Contact the Health Information Center at 1-971-673-2411, 711 TTY or .Q.V]D1.9.Z[..::. n..w ua fq dhsoha.state.or.us. 4 of 4 OHA372705182021 205 LoSNA Department of Consumer & Business Services May 19, 2021 Statement Regarding Vaccination Status in Relation to Oregon's Facial Covering and Social Distancing Requirements Consistent with the May 18, 2021 document from the Oregon Health Authority (OHA) entitled "Interim Guidance for Fully Vaccinated Individuals" and based on the requirements of OAR 437-001-0744, Oregon OSHA expects employers to ensure that the physical distancing and facial covering requirements of the rule are enforced as reflected by the OHA guidance. As outlined in the OHA document, if the employer chooses to allow either employees or visitors to the workplace to make use of the vaccine exemption, the employer does not need to enforce the physical distancing and facial covering requirements in relation to those individuals provided that the employer verifies the vaccination status of such individuals. An employer who requests and reviews verification of vaccination may permit fully vaccinated individuals with such proof of vaccination to go without a mask, face covering or face shield, and does not need to enforce physical distancing requirements for such individuals. If an individual who claims to be vaccinated but refuses to provide verification of vaccination status, the employer need take no further action but must enforce the physical distancing and facial covering requirements without regard to the exemption. The requirements of OAR 437-001-0744 other than those related to distancing and the use of facial coverings remain in place and are not affected by the vaccination exemption. 206 OFF I Iii♦ r} B V' May 24, 2021 To: Honorable Mayor and City Council through City Administrator From: Chris Kerr, Community Development Director ' ', Subject: Call-Up Briefing: Planning Division staff approval of a Zoning Adjustment application for 531 Ostrom Drive (ZA 21-03) RECOMMENDATION: Staff recommends no action and briefs the Council on this item pursuant to Woodburn Development Ordinance (WDO) Section ....0.2....02.. The Council may call up this item for review if desired and, by majority vote, initiate a review of this decision. BACKGROUND: The subject property is within Phase 2C of the Smith Creek Development project, which was approved via Final Order issued by the City Council on November 14, 2018. Phase 2C is within the Single-Family Residential (RS) zoning district. The applicant applied for Zoning Adjustment ZA 21-03, requesting a 1 .75-foot reduction to the front setback requirement and a 4.8-foot reduction to the rear setback requirement, both requests relating to the primary structure. Pursuant to Woodburn Development Ordinance (WDO) Table 2.0213, the minimum front setback is 20 feet and the minimum rear setback for a single-story building is 24 feet. Staff approved the request, granting a 1 .75-foot reduction to the front setback and a 4.8-foot reduction to the rear setback for this lot only. Impacts to neighboring properties would be minimal and limited to the abutting properties. Due to the bulb in the street as it turns from Bishopick Way to Ostrom Drive, the subject lot has an abnormal shape and a slight reduction to the front and rear setbacks is unlikely to be noticed by the adjacent lots to the east and west. The proposed house would back up against a City-owned property developed with a stormwater detention pond and multi-use trail. Agenda Item Review: City Administrator_x_ City Attorney_x 207 ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... i -E Ff�BITi_ 1 , SMITH CREEK RESIDENTIAL DEVELOPMENT r L" F— a 1 1 7 11 � I ... TT-7—I"7.I �. ,. � � 7 r rv-y, •–.% .,� uwwasau c Haas" �! .....r I --r-'I u l "�...� . v� Mir s., t tI " 7,-r..- yr m sm I n.w yy p9 +w t �#'A � a f a xw iuvr '�t PHASE'.': PATHWAY � PUP ROUNzAPY t Y �,n,� ` f f ! /. '� •" r P8o;-CbF.v Pusdo iANV GUA f PPRIVATENAREA POSED PUBLIC LAND 2 EXSTINC411Y9)p� ANP7 EXHIBIT C-8k`,�` a M,„ OVERALL SITE PLAN Smith Creek Development Overall Site Plan (subject lot highlighted yellow) TM . li .......... �e y � 'h � r 0 "1." laj flfl� 11 MY I U r Phase 2C lots (subject lot highlighted yellow) 208 OFF I Iii♦ r} B V' May 24, 2021 To: Honorable Mayor and City Council through City Administrator From: Chris Kerr, Community Development Director ' ', Subject: Call-Up Briefing: Planning Division staff approval of a Zoning Adjustment application for 680 Bishopick Way (ZA 21-04) RECOMMENDATION: Staff recommends no action and briefs the Council on this item pursuant to Woodburn Development Ordinance (WDO) Section ....0.2....02.. The Council may call up this item for review if desired and, by majority vote, initiate a review of this decision. BACKGROUND: The subject property is within Phase 2C of the Smith Creek Development project, which was approved via Final Order issued by the City Council on November 14, 2018. Phase 2C is within the Single-Family Residential (RS) zoning district. The applicant applied for Zoning Adjustment ZA 21-04, requesting a 2-foot reduction to the front setback requirement and a 2.5-foot reduction to the rear setback requirement, both requests relating to the primary structure. Pursuant to Woodburn Development Ordinance (WDO) Table 2.0213, the minimum front setback is 20 feet and the minimum rear setback for a single-story building is 24 feet. Staff approved the request, granting a 2-foot reduction to the front setback and a 2.5-foot reduction to the rear setback for this lot only. Impacts to neighboring properties would be minimal and limited to the abutting properties. Due to the curve of Bishopick Way as it runs north towards Ostrom Drive, the subject lot has an abnormal shape and a slight reduction to the front setback is unlikely to be noticed by the adjacent lots to the north and south. The proposed house would back up against a tributary to Mill Creek that runs through the back yard of the adjacent property to the east. Agenda Item Review: City Administrator_x_ City Attorney_x 209 ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ,t I- HIBIT Y,{�1, 6 SMITH CREEK -- - - I f a RESIDENTIAL DEVELOPMENT 11 .111— 1 rr r..l P 02&PU 0 LMi 3 I T � L� Y h LLU JJ '". 4y 1 PAT HWVAY ,.. ..,...0 PUD Bt)&JN[)ARY I m m C P YFEG(sOSf-Ix 1' 1, dG Cf4N1➢ it f../f r l /✓, P I flTE LOMO oN AREA r•., PROPOSED PUBLIC LAND � * I� EMSTWOPU00 aANV .,� EXHIBIT C-81 r _w.,.. ' ._. OVERALL SITE PLAN g Smith Creek Development Overall Site Plan (subject lot highlighted yellow) AGr °F�" L�Yr��i r "" #41 0.a, jIt '�k. ,r� / ry LBS ) �� 0' reg R r �..�rw oN, AR ` s ~� o r+� I r. a TV o iS Iwwl lls -W) �p p°�°a �daT �r� I OGS w„ARY,ATIION QF Phase 2C lots (subject lot highlighted yellow) 210 OFF I Iii♦ r} B V' May 24, 2021 To: Honorable Mayor and City Council through City Administrator From: Chris Kerr, Community Development Director ' ', Subject: Call-Up Briefing: Planning Division staff approval of a Zoning Adjustment application for 622 Bishopick Way (ZA 21-05) RECOMMENDATION: Staff recommends no action and briefs the Council on this item pursuant to Woodburn Development Ordinance (WDO) Section ....0.2....02.. The Council may call up this item for review if desired and, by majority vote, initiate a review of this decision. BACKGROUND: The subject property is within Phase 2C of the Smith Creek Development project, which was approved via Final Order issued by the City Council on November 14, 2018. Phase 2C is within the Single-Family Residential (RS) zoning district. The applicant applied for Zoning Adjustment ZA 21-05, requesting a 2-foot reduction to the front setback requirement and a 4.21-foot reduction to the rear setback requirement, both requests relating to the primary structure. Because the subject property was already approved for a 4.8-foot reduction to the rear setback requirement via ZA 21-01 , the staff report as final decision only addressed the requested 2-foot reduction to the front setback requirement. Pursuant to Woodburn Development Ordinance (WDO) Table 2.02B, the minimum front yard setback is 20 feet. Staff approved the request, granting a 2-foot reduction to the front setback for this lot only. Impacts to neighboring properties would be minimal and limited to the abutting properties. Due to the bulb in the street as it turns from Bishopick Way to Ostrom Drive, the subject lot has an abnormal shape and a slight reduction to the front setback is unlikely to be noticed by the adjacent lots to Agenda Item Review: City Administrator_x_ City Attorney_x 211 the north and south. The proposed house would back up against a tributary to Mill Creek that runs through the back yard of the adjacent property to the east. 9IBIT Y�1 / N� SMITH CRE'E'K RESIDENTIAL DEVELOPMENT T— ..... w L— C 1—t I1 wa r wwc ms .+ "T, x nar; rn!cE L _LL i l—f T 1 a a 1 IX i y f L + 1 I 1 . :1 1 ( �I. I Ll u i �� , h,, _. :. r4�r f— 77 T—Fr 1 PHASE ONE. j t f lµra v �:T/ II t Ill 1 i LL11i ' PATHWAY P00 II INIAC IC'C.A4Mld'D PRIVATE GC,'.Mw .AREA P17dJPCJSED�PUBLIC LAND � j .. EXHIBIT C—i OVERALL SITE PLAN Smith Creek Development Overall Site Plan (subject lot highlighted yellow) .... t IR P A^ 0 p T e �V 7,13 r J r W�1„ PE, PLA o a 619— Icy tl17 .. P N y q f P 01 . .. +�rtii �',6 M1 J -7RAC r° AREA Phase 2C lots (subject lot highlighted yellow) 212 � i / 1 l� �� 'f y l� � / / � l 11 1 �� /� � � � � � � � � I %� !/ i; 1, � i, / 1 r m m a Zip Code:97071 Published Date Total Case Count Cases Per 10,000 Weekly New Total Case Count% Cases Change 19-Mar 3153 1094.68 40 1.28% 12-Mar 3113 1080.79 49 1.60% 5-Mar 3064 1063.7 37 1.22% 28-Apr 3027 1050.93 38 1.27% 21-Apr 2989 1037.74 18 0.61% 14-Apr 2971 1031.49 17 0.58% 7-Apr 2954 1025.59 11 0.37% 31-Mar 2943 1021.77 20 0.68% f V Marion County Weekly% Date:5/2-5/8 Date:5/9-5/15 Change Total Number of Test* 7907 7304 -7.63% Positive Percentage Rate 7.82% 9.57% 1.75% Positive Test 618 699 13.11% Negative Test 7,289 6,605 -9.38% Hospitalizations 27 20 -25.93% Deaths 5 1 -80.00% Oregon Weekly% Date:5/2-5/8 Date:5/9-5/15 Change Total Number of Test* 111,121 103,159 -7.17% Positive Percentage Rate 6.09% 6.37% 0.28% Positive Test 6,763 6,572 -2.82% Negative Test 104,358 96,587 -7.45% Hospitalizations 140 121 -13.57% Deaths 31 57 zi3.871Y,, *OHA Positive and Negative Covid-19 Electronic Laboratory Report Data Oregon Variants of Concern Variants of Interest B.1.1.7 P.1 Date Data Pulled (UB) (Brazil) B.1.427 B.1.429 B.1.525 B.1.526 P.2 5/13/2021 425 29 196 586 7 69 6 5/19/2021 716 78 237 631 8 99 7 Weekly Case Increase 291 49 41 45 1 30 1 Region 2(Benton,Lincoln,Linn,Marion,Polk,Yarnhill) Variants of Concern Variants of Intrest B.1.1.7 P.1 Date Data Pulled (UB) (Brazil) B.1.427 B.1.429 B.1.525 B.1.526 P.2 5/13/2021 135 0 16 195 1 4 0 5/19/2021 189 2 20 196 2 4 0 Weekly Case Increase 54 2 4 1 1 0 0 ` z` < < . . � / {\ \� % : \��\ / » ` \\: 1\ , \ \ � � < < � > \ : \ � . �\\>:\ : ^° \� � � , . - , - , - - , , , - ; - . , . „ , - ; „ , , - ; - . ��.;;,a,«,;ad � ��, ��t2a��a � � >\» \ . �a��_.�,� � \\\. : . , // �> z»� y\> � \§ : � . . \ : ?\^ \ z � � � ` ( ? . �� f�»\\ � \ }�� /\ � � n \^ ; � ^' ® . : \ y� � \\� � �\ � � \ \d «\} � : (\��\ ��\\ . � _ �. . . . a �� .\{( } \ .ƒ\\ ��\ � ��«2»Y?y'2 � ©«, , ; \\2� � �^ ° ~ � � � � � 2 . � \ \ 2L z ^ ^ � �^ � � ^� \ <� <. \}�%\: „ / ( Marion County(Risk Protection Framework) Cases Per 100,000 Statewide Percent Hospitalizations 7-day Risk Date population Test Positivity Hospitalizations %Increase Category 4/18/21-5/1/21 329.5 9.20% 330 on May 5 8.7%on May 7 High* 4/25/21-5/8/21 291.9 8.30% 351 on May 13 Minus 1.1%on May 13 High* 5/2/21-5/15/21 254.1 8.70% 331 on May 18 Minus 3.4%on May 18 High PIKE t5 ;tm •,9 i4ctiwey�" lio-e,COVIO-19 caws per100,000 ovsr14 days <Sq..Q 50.0to sYOq.q 100.0 11 a:2gO;q a.2gq.q (counties with 30.0000 or more people) NumharofiCbV 117.19......—14 q.y.(sounds. .c3U 30W X45 45 to+=BO .-BU with lea.then 30,000 penpil -and- pareauta�eteat prr.ltivity uverprevtaua Ydgay. *:S O.^°/u: 3.Uf to a'&O% UU%tu aAU.U% .'Y 6.U'lu it II- i II......evell Guidance Chart Advifle ��IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII �I j n ISI'///////////%1I ///////////////////%moi AI E Scial and At-Home Gathering Maximum 6 people Maximum 10 people -Maximum 8 people Maximum 6 people o size Indoor Recommended limit:4 Recommended limit 2 Recommended limit:2 households households households -Recommended limit!2 households Social and At-Home Gathering -Maximum 6 people Size—Outdoor Maximum 12 people Maximum 10 people Maximum 8 people -Recommended limit:2 households *Indoor dining allowed o�Indoor dining allowed -Indoor dining prohibited Indoor capacity:not to exceed o Takeout highly recommended -Takeout highly recommended Indoor dining allowed 50%maximum occupancy or 100 g y Indoor capacity:not to exceed o Indoor capacity:not to exceed Outdoor dining allowed people,whichever is smaller 25%maximum occupancy or 50 50%maximum occupancy -Indoor seating:6 people per people,whichever is smaller .Outdoor capacity:100 people maximum,Including individual dining pods. Outdoor dining allowed table maximum Outdoor dining allowed .Outdoor seating:6 people per party and per table maximum,limit 2 Outdoor capacity:300 people -Outdoor dining allowed Outdoor capacity:120 people households. Eating and Drinking maximum,including individual -Outdoor capacity:150 people maximum,including individual .Individual dining pods allowed outdoors subject to outdoor capacity limit. Establishments dining pods. maximum,including individual dining pods. -Dining Pod Seating:Limit 1 household,four(4)people maximum per pod. *Individual dininq pods allowed dining pods. Individual dining pods allowed -For establishments that operate VLTs indoors: outdoors subject to outdoor Individual dining pods allowed outdoors subject to outdoor Customer capacity:Maximum six(6)people total(not including capacity limit. outdoors subject to outdoor capacity limit. employees);limit one(1)individual per VLT. Indoor and outdoor seating:8 capacity limit. Indoor and outdoor seating:6 'Indoor on-site consumption of food and drink is prohibited,including at people per table maximum ..Outdoor seating:8 people per people per party and per table VLTs. 12:00 a.m.closing time table maximum maximum,limit 2 households -11:00 p.m.closing time 11:00 p.m.closing time 11:00 p.m.closing time For establishments 500 sq.ft or larger: Client capadIT Maximum six(6)people foist(not Including amployses) •Require minimum 25 feet physical distancing between households. •Capacity:Maximum 10% Employee capacity:Limit to the minimum number of employees needed Indoor Recreation and Fitness occupancy or 50 people total to operate a apace. Establishments -Capacity:Maximum 50% Capacity:Maximum 20% whichever is larger For establishments smaller than 500 sq.ft (includes gyms,indoor K-12 occupancy occupancy or 1W people total, indoor full-contact sports allowed -Client capadly"Maximum one(1)parson total; Sports,fitness orqanizations whichever is larger for adultidWyouth sports with indoor recreational sports,indoor -Indoor full-contact sports allowed Indoor hif-cordact sports allowed guidance requirements -Employee capacity:Maximum one(1)employee total. pools) Indoor full-contact sports allowed Indoor on-site consumption of food andl drink is prohibited except for Individual water bottles. for K-12 with submitted plan Indoor full-coi sports allowed for aduiticluibiyouith sports with guidance requirements Indoor full-contact sports allowed for K-12 with submitted plan For establishments 500 sq.ft,or larger: -Customer capacity:Maximum six(6)people total(not including employees)in shared indoor entertainment spaces. Indoor Entertainment -Require minimum six(6)feet physical distancing between households, Establishments -Capacity:Maximum Capacity:Maximum 20% Capacity.Maximum 10% a Employee capacity:Limit to the millunnum number of employees needed (includes,aquariums,indoor 50%occupancy occupancy or 100 people total, occupancy or 50 people total, to operate the establishment, theaterswenaWconcort halls, whichever is larger whichever is larger indoor gardens,indoor museums, -12:00 a.m,closing 11 11:00 p.m"closing time 11:00 p.m.closing time For establishments smaller than 500 sq,ft senior centers,hookah bars) -Customer capacity:Maximum one(I)person total', -Employee capacity:Maximum one(1)employee imal. Indoor on-site consumption of food and drink is prohibited. 11:00 p,m.closing time Retail Stores Capacity:Maximum 75% Capacity:Maximum 75% -Capacity Maximum 50% (includes,street fairsimorkels, occupancy occupancy occupancy *Capacity Maximum 501A occupancy grocery stores,convenience stores . -Curbside pok-up encouraged rmacles) Curbside pick-up encouraged Curbside pick-up encouraged *Curpside pick-up encouraged Indoor and Outdoor Shopping Capacity:Maximum 75% -Capacity:Maximum Capaclty:Maximum 50% -Capacity:Maximum 50%occupancy CentersiMalls occupancy 75%occupancy occupancy -Curbside pick-up encouraged Curbside pick-up encouraged -Curbside pick-up encouraged Curbside pick-up encouraged Indoor Capacity:Maximum 50% Indoor Capacity:Maximum 25% Indoor Capacity:Maximum251/c occupancy or 100 people total, indoor Capacity!Maximum 75% * Is total, *whichever is smaller faith Institutions',Funeral occupancy occupancy or 150 people total, occupancy or 150 peep Homes,Mortuaries,Cemeteries Outdoor Capacity;300 people which ever is smaller whichever is smaller -Outdoor Capacity:150 people maximum maximum Outdoor Capacity:250 people Outdoor Capacity:200 people -Recommended:limb services to one hour maximum maximum Offices Limited office work available Recommend remote work,if able Recommend remote work,if able *Require remote work,0 able *Close offices to the public,if possible Outdoor Recreaflon and Fitness Maximum 151/oocrupanoy Establishments lincludes outdoor Outdoor full-orintactsports allowed *Maximum 100 People gyms,,outdoor fitness organizations, Maximum 50%occupancy Maximum 25%occupancy for aduftlub)youth sports With *Outdoor full-conlad sports allowed for sidulticluNyouthi sports with outdoor K-12 sports,outdoor Outdoor full-orrilact sports Outdoor full-contact sports recreational sport,outdoor pools, allowed allowed guidance requirements guidance requirements cold=parks and hiking traits , Outdoor full-contad sports allowed *Outdoor full-contact sports allowed for K-12 with submitted plan outdoor campgrounds") for IK-12 with submitted plan Outdoor Entertainment Establishments Maximum 50%occupancy Maximum 25%occupancy Maximum 15%occupancy Maximum 100 people (includes zoos,outdoor gardens, amphitheaters,outdoor aquariums, 12:00,a,m,closing time 11°00 p.m closing time 11:00 p.m,dosing time 11.00 Pm,closing time outdoor theaterwistatflums) Personal Services Allowed Allowed Ailowed Allowed f V Counties lHi ibl lot Lower Risk, rr�iiir fir ,av f � r Begiftning May 21 V u;a fiauxYVaoo¢ dYtr pa t uutd fadkr d oiu�®korop so,uu C4 7ydcmu¢ltuus arod(9uer Iarwe euu a arme*, �� droro4su.tsd G€euxf k`CtS"�k2-9H,sfuaG koro Ruaalx,Ya€By ruge3waouraodp autau er�aomaaaoy�o-h 4h'EssotB hee�dPo �@1iWWe w,o �the Lower Rift health a1Dd ff tic uCt6e� ,� i��',� �� ? and ufely resirl0ofs U wqr cc uody letmll and fatevridr,vsf cr oafion gDAS MH � k m�l�l.�1111or�I i�� On Oregon's Rist Frarev alk.�D da d1 xa: r wwuumufm Mat dr42y0f)-ff2 s;a�:rr no kuro r psgpreaud fin dour morswnund es, �u '11 Reach 65%of the County population 16 and older wM rrifa�i rrn! �� ,jrii i'rr iAll Stisde�lde Lifting ray'Risk Love[Framework �. � a forst Waco d�soup"�brnP1 a r0 ply la f� Sdoteasde Dregon asst reach 7rD%of Me popudatlon(C and 1 N�IWd�� a 5HA Wrll�Want hD4W the County PWS Chase the �l �1 order wIuh a first wacane dose m order to mai e fishy reopen dl� �Ilu@uRl wNN ik e9uWty'page 9n tier vac aadan efforts I/)/)/)� Oregon's economy b7 along most of Ore health and safety I IdN9dr Cru uagg liduuplld� � MEN res�trIct"s Imrpoaed by the R�h'sk(Level framewk. 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Centers for Disease Contiroll and Preventioi L 58.840 57.6% 47.80/( 39.qzp 34.0 6.2 20A --IT 65.8% 484a 48 42/1% IIIIIIIII 38.9% .......... Legend: 4 44,20/o pill", 4,20 10-18'1/1 "OM- MY, ZIOM- 0'', ('W'Pa� 0'', Mt IOU 191/�to Io 38 9% S52.2 �o/�to C'.' 33.5% 38.4% 33.0% 65c/,4 49.8%( 49 2% 4 ---------------- E® , , GUIDELINESUPDAT MASK 2 • Individuals in Oregon are no longer required to wear a face mask or physically distance,whether indoors or outdoors,two weeks after their final COVID-19 vaccination dose.A"fully vaccinated individual"is a person who has received both doses of a two-dose COVID-19 vaccine or one dose of a single-dose vaccine and at least 14 days have passed since the individual's final dose of COVID-1'9 vaccine. • However,fully vaccinated individuals are roquiel;le�+nfine wearing a mask and observe physical distancing on public transportation and in sch5ls% tc xta and clinics,homeless shelters,youth and adult correctional facilities and long-term care;;facxlif.. • Businesses employers and faith inst tutia ts plenger require masks and physical distancing for fully vaccinated individualmasks and physical distancing in their locations for all individuals,regardless ofvacnahsri stfit . If a business,employer or faith institution ch/ oss tof' "Tinier require masks and physical distancing, the business,employer or faith institiution must rque visitors to show proof of vaccination and review the proof of vaccination.In that case,a business would need to have'a policy for checking the vaccination status of customers and employees if they are not wearing masks.Fully vaccinated individuals would need to provide proof,they'd been vaccinated if they want to remove face coverings and not observe physical distancing guidelines. E® , , UPDAT MASK GUIDELINES CONT. (5/18/2 • In addition,state health experts announced that face coverings;are no longer required outdoors (regardless of vaccination status).OHA strongly recommends that people who are not vaccinated and people who are at high risk of severe C©UID-19 disease continue to wear face coverings and physically distance in outdoor crowded areas and large gatherings. VACCINE COVID-19 COVERING • City of Woodburn's policy to follow the Oregon Health Authority's interim guidelines for fully vaccinated individuals • Allow fully vaccinated individuals to n _,"Pr,wear a mask,face covering,or face xrxnon shield in indoor work settings ar(d trait City vehicles so long as they have provided proof of vaccinati"srt'sttus °,t r�xidividuals that are exempt from %�%/%� masking requirements al distancing requirements. • Allow all employees,regardless f% sta#us+or proof of vaccination,to no longer wear a mask,face U-0t ng act shield in outdoor work settings. • Regardless of vaccination status/,irsoordeination,continue to require individuals to wear amask,face cov ring or,f,a e shield,and maintain physical distancing on all forms ofpublic transportation,and at transportation hubs such as bus stations. *"Flurposed City Public°l si .)IR to be (m,set i in i)cofft r.g staff repot Other Projects • Take Your Shot Challenge - State Vaccine Lottery Incentive • Persons who receive 1 dose of vaccine by June 27th,2021 • Prizes • 1 -$1,000,000 Winner(Ages 18+),,,,, • 1 -County$10,000 Winner( gam 1 • 5-$100,000 Oregon Colloq/�$a�{i • Drawing on June 28,20,21 ` rinne Slowing week • Legacy Health and Woodburn Shc tzo� %Events' • Education by Sa1ud Medicalat,/F,,axnily ni i ,sity • Vaccines'will be provided at soot lnti4n • Centennial Park Vaccine Events • Salem Health Pfizer u r � f ' i