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COUNCIL BILL NO. 3081 RESOLUTION NO. 2124 A RESOLUTION APPROVING A MASTER PLAN FOR THE NODAL DEVELOPMENT OVERLAY IN CONJUNCTION WITH ANNEXATION APPLICATION ANX 2017-05 SUBMITTED BY STAFFORD LAND COMPANY LLC FOR THE SMITH CREEK DEVELOPMENT WHEREAS, Section 2.05.04C of the Woodburn Development Ordinance ("WOO") requires that the City Council approve a master plan for the entire area designated Nodal Development Overlay on the Comprehensive Plan Land Use Map prior to annexation of any property in the area designated as Nodal; and WHEREAS, the Nodal Master Plan is conceptual and non-binding in nature; and WHEREAS, Stafford Land Company LLC submitted to the City a Master Plan application (MP 2017-02) in conjunction with an annexation application (ANX 2017-05) for property located in the Nodal Development Overlay; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The City of Woodburn Nodal Development Overlay Master Plan, as depicted in Exhibit is approved and shall serve as a general guide for development in the Nodal Development Overlay. The Master Plan provides for all of the requirements found in Section 2.05.04C.2 of the WOO. Section 2. The City Council adopts the Analysis and Findings, affixed hereto as Exhibit and by this reference incorporated herein. Approved os to torm: City Attorney Page 1 -Council Bill No. 3081 Resolution No. 2124 ---PAGE BREAK--- Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the ATTEST: Heather Pierson, City Recorder Page 2- Council Bill No. 3081 Resolution No. 2124 c vt v1/) SeA~ 1_3 1 2o 1 r· ( i\J o-t'f W'-'VJ-t.& I· 8 o tfi ---PAGE BREAK--- STAFFORD NODAL-1, 5/30/2018 7:17:16 AM EXHIBIT C-15-1 Resolution No. 2124 Exhibit A Sheet 1 of 8 ---PAGE BREAK--- STAFFORD NODAL-2, 5/30/2018 6:55:10 AM EXHIBIT C-15-2 ---PAGE BREAK--- STAFFORD NODAL-3, 6/21/2018 5:20:40 AM EXHIBIT C-15-3 ---PAGE BREAK--- STAFFORD NODAL-4, 6/21/2018 5:07:05 AM EXHIBIT C-15-4 ---PAGE BREAK--- STAFFORD NODAL-5, 5/30/2018 6:06:43 AM EXHIBIT C-15-5 ---PAGE BREAK--- STAFFORD NODAL-6, 5/30/2018 5:31:50 AM EXHIBIT C-15-6 ---PAGE BREAK--- STAFFORD NODAL-7, 5/30/2018 5:27:03 AM EXHIBIT C-15-7 ---PAGE BREAK--- STAFFORD NODAL-8, 6/1/2018 6:37:01 AM EXHIBIT C-15-8 ---PAGE BREAK--- Attachment 102 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 1 of 72 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 not met Plan sheets and/or narrative inconsistent Other special circumstance benefitting from attention Revision needed for clear and consistent records Section references are to the Woodburn Development Ordinance (WDO). “SDA” refers to the site development area that is the whole Smith Creek Development. Table of Contents I. Location 2 II. Land Use & Zoning 3 III. Statutory Dates 5 IV. Comprehensive Plan Goals 7 V. Annexation 10 VI. Master Plan Provisions 14 VII. Planned Unit Development (PUD) Provisions 16 VIII. Preliminary Subdivision Provisions 29 IX. Exception to Street Right of Way and Improvement Requirements (“Street Exception”) Provisions 35 Resolution No. 2124 Exhibit B P. 1 of 11 ---PAGE BREAK--- Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 2 of 72 X. Variance Provisions 38 XI. Phasing Plan Provisions 46 XII. Applicant Identity 48 XIII. Conditions of Approval 49 All or Multiple Phases 49 Phase 1A 60 Phase 1B 67 Phase 2A 67 Phase 2B 67 Phase 2C 67 Phase 3A 67 Phase 3B 68 Phase 4A 68 Phase 4B 68 XIV. Notes to the Applicant 68 I. Location Address(es) 690 Ben Brown Lane Tax Lot(s) Primary Tax Lot 052W13 00100 with Additional Lots 052W13BD 00100 & 200 and 051W18BC 04000 Nearest intersections (clockwise from north) McLaughlin and Desantis Drives McLaughlin Drive and Austin Avenue McLaughlin and Smith Drives Ben Brown Lane and Elana Way Parr and Stubb Roads NE Harvard Drive and Vasser Street ---PAGE BREAK--- Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 3 of 72 II. Land Use & Zoning Comprehensive Plan Land Use Designation In order of greater to lesser land area: Low Density Residential Nodal Development Overlay; Medium Density Residential Nodal Development Overlay; and Low Density Residential Zoning District Upon annexation and in order of greater to lesser land area: Nodal Single Family Residential (RSN) Nodal Multi-Family Residential (RMN) Residential Single Family (RS) Overlay District(s) Nodal Single Family Residential (RSN)* Nodal Multi-Family Residential (RMN)* Riparian Corridor and Wetlands Overlay District (RCWOD) (*The WDO presents each district as both a base zone in 2.02 and an overlay zone in 2.05.) Existing Use(s) Rural dwellings, agriculture For context, the two images below illustrate respectively the adjacent comprehensive or “comp” plan designations and zoning districts: ---PAGE BREAK--- Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 4 of 72 Comp Plan Land Use Map Excerpt Color Land Use Designation pale yellow Low Density Residential turquoise Public Use brown Medium Density Residential medium green Open Space and Parks ---PAGE BREAK--- Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 5 of 72 Zoning Map Excerpt Acronym Zoning District RS Residential Single Family P/SP Public and Semi-Public RM Medium Density Residential R1S Retirement Community Single Family Residential III. Statutory Dates Application Completeness July 23, 2018 120-Day Final Decision Deadline November 20, 2018 per Oregon Revised Statutes (ORS) 227.178. (The nearest and prior regularly scheduled City Council date is October 22, 2018.)* ---PAGE BREAK--- Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 6 of 72 *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). The following applications constitute the Smith Creek Development consolidated applications package: Annexation ANX 2017-05 Master Plan MP 2017-02 Planned Unit Development: Conceptual Development Plan PUD 2017-01 Subdivision, Preliminary SUB 2017-01 Exception to Street Right of Way and Improvement Requirements (“Street Exception”) EXCP 2017-03 Variance VAR 2017-14, and Phasing Plan PP 2017-01. Because the consolidated applications package include annexation, which per 5.04.01 is a Type IV review with City Council decision and the highest type among the applications, the Planning Commission recommends upon all the applications and the Council decides upon them. The applicant submitted application materials on October 24, 2017 and revised and additional materials through September 19, 2018 (excerpted within Attachment 103). ---PAGE BREAK--- Analyses & Findings pages unrelated to Master Plan omitted ---PAGE BREAK--- Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 14 of 72 City Council has not yet identified such a need. Examples of community needs include park space and conservation of significant natural or historic resources, and the corollary development does include much Mill Creek greenway area that the developer is to improve and dedicate as park space. Regarding the applicant obtained the requisite written consent and such that no election is needed. Regarding the applicant confirms the proposal includes no request to amend the land use designation or rezone the territory to zones other than those compatible with the comp plan map designations per comp plan Policy Table 1 (Attachment 104B). Regarding the applicant addresses subsection 1. by transferring portions of adjacent ROWs to the City. Regarding subsection Public Works staff indicated that dedication of public utility easements (PUEs) is deferred until the corollary development. As a single concluding and summarizing statement: the territory is within the UGB; the territory is designated for low and medium density housing – i.e. houses, manufactured dwellings, corner duplexes, row houses, and multi-family dwellings (colloquially thought of as apartments and condos); the applicant’s request to annex and develop indicates market need for new housing stock; and Per City plans, the WDO, and conditions of approval, the proposed corollary development will provide needed public facilities benefiting itself and the city at large. The criteria are met. VI. Master Plan Provisions Because the proposal is for annexation of territory that the comp plan map designates as Nodal Development Overlay, 2.05.04C. requires that the applicant present a master development plan to the City Council for its approval. The applicant is the first ever to present a Nodal master development plan. ---PAGE BREAK--- Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 15 of 72 Every annexation applicant is required to do so, and per C.1. the master development plan is conceptual and non-binding. Also per C.1., the purpose is for the City to use it as a general guide for development within the Nodal overlay. 2.05.04C. Master Planning Requirement 1. A master development plan shall be approved by the City Council for the entire area designated as Nodal Overlay on the Comprehensive Plan Map, prior to annexation of any property within the Nodal Development Overlay Comprehensive Land Use Plan map designation. The master plan shall be conceptual and non-binding in nature, but may be used as a general guide for development within the Nodal Overlay Districts. 2. The required master plan shall show: a) The location and rights-of-way for existing and planned streets. These streets shall provide access to all existing and proposed parcels, consistent with the Transportation System Plan (TSP); b) The location and size of existing and planned sanitary sewer, storm water and water facilities, at adequate levels to serve existing and proposed development; c) The location and area of the Riparian Corridor and Wetlands Overlay District (RCWOD). Planned streets and public facilities that cannot reasonably avoid the RCWOD shall be indicated; d) A development plan for the Nodal Neighborhood Commercial center, neighboring multi-family areas, and potential parks, including planned pedestrian and bicycle connections within the Nodal Overlay District as shown on the Transportation System Plan, and pedestrian and bicycle connections to Southwest Industrial Reserve areas; e) A development plan for all residential areas, demonstrating consistency with applicable nodal design standards. The master development plan is composed of the Exhibit C-15 series (Attachment 103C-15) and shows the required items per C.2. It is up to the Council to do with it as it wishes. Though of course the Smith Creek Development proposal is an integrated project separate in itself, staff recommends that the Commission and Council consider how the project influences transitions by future development projects to the south across Parr Road, west across Stubb Road, and along the headwaters of the west tributary of Mill Creek. Just as importantly, the Council should consider whether the master plan sketches the kind of walking and cycling development that the Nodal overlay should manifest per 2.05.04A.: “The intent of the overlay districts is to provide community identity to higher density residential developments within walking distance (generally one-half mile or less) of the neighborhood commercial center. Nodal development will be designed with a pedestrian focus, with interconnected streets and pedestrian walkways, alleys serving garages located at the rear of lots ---PAGE BREAK--- Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 16 of 72 If the Commission or Council believes the plan does not, it should briefly direct staff about what legislative amendments it wishes the Council to pursue and when in the medium to long-term future and then continue in the here and now with deliberation and decision about the Smith Creek Development itself. The provisions are met. 2.05.04 Nodal Overlay Districts B. Nodal Single Family Residential (RSN) and Nodal Medium Density Residential (RMN) Districts 1. Vehicular access directly to a public street is prohibited and alley access to garages facing the alley is required for anything other than standard single family development. Off-street parking, maneuvering and storage is prohibited within a required front or side setback, or any yard abutting a street with attached single family and small-lot single family development. 2. Alleys shall be required for all small lot single-family residential subdivisions and attached single family (row houses) development. Alleys shall be dedicated and paved to a minimum width of 20 feet. No parking shall be allowed within an alley right-ofway. The applicant proposals an overall site plan in which approximately 55.9% of the small lots are alley-loaded. To not have all small lots be alley-loaded, the applicant proposes variance request number four that staff analyzes further below under the Variance Provisions section. Variance: Staff addresses the provision of B. later under the Variance Provisions section. VII. Planned Unit Development (PUD) Provisions Several exhibits show the PUD boundary, including C-4 Color Lot Type Map, C-13 PUD Boundary, and Y-1 Overall Site Plan and (Attachments 103C-4, 103C-13, & 103Y-1). 3.09 Planned Unit Developments The purpose of this Section is to establish the requirements for Planned Unit Developments (PUDs). PUDs allow flexible development standards, unique street cross-sections, and more variety in permitted uses. They are especially appropriate when developing properties with unique topographic, geotechnical, or other constraints. They also encourage innovation and creative approaches for developing land. In exchange for the ability to modify development and use standards, PUDs must provide common open space and enhanced public amenities. 3.09.01 Allowable Types and Minimum Area of PUDs A. Transfer of Density PUD ---PAGE BREAK--- Analyses & Findings pages unrelated to Master Plan omitted