Document Woodburn_doc_2f6094bfcc

Land Use Final Decision City Council File number(s): PUD 22-02, PLA 22-02, RCWOD 22-01, SUB 22-03, & ZC 22-02 Related to ANX 22-02 Project name: Marion Pointe Date of decision: August 8, 2022 Applicant: Holt Group Holdings, LLC, P.O. Box 61426, Vancouver, WA 98666-1426 Landowner: Tukwila Partners, P.O. Box 128, Woodburn, OR 97071-0128; and Oregon Golf Association c/o Members Club Inc., 2850 Hazelnut Dr, Woodburn, OR 97071- 9698 Site location: No address; Tax Lots 051W06D000502 (primary), 500, & 800 and 051W06DC00201 & 300 (east side of N. Boones Ferry Rd north of Hazelnut Dr) Summary: First, the Planning Commission on June 23, 2022 held a public 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 June 16, except for revision items that staff proposed through a staff memo addendum dated June 23 and its Attachment 104D. Second, the City Council held a public hearing on July 25, 2022 and unanimously tentatively approved the consolidated applications package with the conditions recommended by staff through the Commission staff report and staff memo addendum. The development applications depend upon annexation ANX 22-02 through the annexation and zoning designation Ordinance Nos. 2604 & 2605 the Council is to have adopted August 8. (Ordinances take effect on the 30th day after enactment per the City Charter, Chapter VIII, Section 34, p. 10.) The request is for annexation, zone change, planned unit development (PUD), and property line adjustment followed by preliminary subdivision to develop a defunct orchard into 87 houses on small lots with several common area tracts as open space privately owned and maintained by a homeowners association (HOA) and two local street connections with N. Boones Ferry Road. The subject property is approximately 39.69 acres, including the existing Oregon Golf Association (OGA) golf course to remain. The subject property is in the Residential Single Family (RS) zoning district. Several parties testified (besides the applicant). The table below in the “Testifiers” section lists them. Section references are to the Woodburn Development Ordinance (WDO). ---PAGE BREAK--- ANX 22-02 Marion Pointe PUD – Commission Final Decision - Page 2 of 18 Conditions of Approval: General G1. By and 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 by the Building Division. G2. The applicant or successors and assigns shall develop the property in substantial conformance with the final plans submitted and approved with these applications, except as modified by these conditions of approval. Were the applicant to revise plans other than to meet conditions of approval or meet building code, even if Planning Division staff does not notice and signs off on building permit issuance, Division staff retains the right to obtain restoration of improvements as shown on an earlier land use review plan set in service of substantial conformance. G3. References: Attachment 201 serves as a dictionary or glossary defining certain abbreviations, acronyms, phrases, terms, and words in the context of the conditions of approval. The 200 series of attachments are as binding as the conditions of approval in the main body of the final decision. G4. Due dates / public improvements: a. When public street improvements, and any fees in lieu of public improvements, are due shall be per WDO 3.01.02E & F and 4.02.12 unless if and where a condition of approval has more restrictive timing: The construction of all public improvements, their passing City inspections, and acceptance by the City are due no later than by either 5.01.06B in the context of land division final plat application to the City or by building permit issuance, except if the developer applies to the City through the Public Works Department for deferral and the City Administrator or designee issues a document approving and describing a bond or performance guarantee pursuant to Section 4.02.08. Administration of bonding and performance guarantees for improvements that are public defaults to the Public Works Department, and the department shall notify the Community Development Director of deferral applications and any approvals and conditions of approval. Fees in lieu of public improvements: Per Condition G6. b. Where changes to street addresses are necessary, the developer shall apply through the Planning Division for and obtain approval of an Address Assignment Request. This is due prior to building permit application, and if property line adjustment or lot consolidation were to become relevant, then also after recordation with County. ---PAGE BREAK--- ANX 22-02 Marion Pointe PUD – Commission Final Decision - Page 3 of 18 G5. Recordation due dates: The applicant shall apply to the County for recordations of items that the City requires no later than six 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. G6. Fees: The developer shall pay fees per Attachment 205, and fees in-lieu shall be per WDO 4.02.12: a. Fees in-lieu are permissible if the Director allows, whether wholly in-lieu for one, some, or all of the kinds of required improvements or for some or all of a kind. b. Fees in lieu of public improvements are due before either building permit application or, when and where any of Partition or Subdivision Final Plat is involved, completion of recordation with the County, specifically no later than before a City official signs a plat or re-plat Mylar per Section 5.01.06C.1. A developer may request in writing to pay later, specifically by issuance of building permit, or if the Director allows, across issuance of two or more structural building permits for the subject development. G7. Demolition: Because the City through the Building Division now requires demolition permits, upon annexation and before beginning to demolish buildings or structures or demolishing more of them, consult the Permit Technician and apply for and obtain a permit or permits as applicable. G-PW. Public Works: Follow the appended PW comments (June 16, 2022); Attachment 102A). ---PAGE BREAK--- ANX 22-02 Marion Pointe PUD – Commission Final Decision - Page 4 of 18 Preliminary Subdivision 22-03 SUB-1. Expiration: Based on ORS 92.040(3), development per the Council land use final decision may continue 3 years past the decision date, the 3-year approval period being established as follows: a. Final Plat: The developer shall apply to the City prior to applying to Marion County for recordation. Owl extending east across BFR from Dove Landing PUD to Nightingale shall continue its name. b. Recordation with Marion County: Same as WDO 5.01.06C.1. (within 30 calendar days of the Director’s signature on the plat Mylar). c. Vesting: The decision is vested unless: Regarding WDO 4.02.04B.1, if by 10 years past the final decision date there is no substantial construction as Section 1.02 defines following issuance of a building permit, the final decision shall expire and fail to vest; or Regarding subsection WDO 4.02.04B.2 as applies to Property Line Adjustment and Subdivision Final Plat Approval applications, the developer shall complete recordation no later than the land use expiration date. SUB-2. Documents: a. Geotech report: Prior to final plat approval by the City, the developer shall submit to the Director a geotechnical report documenting that, whether or not the developer spreads any fill or spoil dirt across lots and tracts, soil is compacted and ready to accommodate the construction of buildings on lots and tracts proposed for development. b. Easements: Per WDO 2.01.05, where any of extinguished, altered, or additional public easements are involved, the developer shall not apply for building permit until having completed recordations with the County and provided electronic copies of the recorded easement documents and drawings to the Director and the Public Works Director when and as any of them direct. The developer shall also follow Attachments 102A (Public Works) and 203, Part D. c. Plat: Upon recordation, the developer shall submit to PW and cc the Director copies of recorded documents per WDO 2.01.05. ---PAGE BREAK--- ANX 22-02 Marion Pointe PUD – Commission Final Decision - Page 5 of 18 Planned Unit Development 22-02 PUD-PW. Stormwater management: Prior to civil engineering plan approval through CEP review, the applicant shall provide an Engineer Stamped Storm Drainage Hydraulic Analysis Report that existing private storm drainage systems have capacity to handle the additional flow from the Marion Pointe and ANX 2020-03 Dove Landing Planned Unit Developments (PUDs), and that the culvert/pipe under Olympic Street has capacity to handle a 100 year base flood event, and to provide a final 100 year floodway, floodplain, and wetland delineation for this development. The applicant is responsible for correcting any capacity deficiencies, including installing new or additional drainage systems, and/or attaining the right to increase stormwater flows into neighboring private stormwater systems. PUD-1. Mods: The City approves PUD modifications only as written in conditions of approval and the 200 series of attachments, particularly Attachment 202. Other modifications that site plans imply are subject to later administrative approval or denial by the Director. PUD-2. a. ROWs: For BFR and the proposed local class streets, the developer shall dedicate ROWs that meet or exceed the min widths necessary to conform to WDO Figures 3.01C & G. b. PUEs: Per WDO 3.02.01, a PUE shall be dedicated along each lot line or tract boundary abutting a public street at minimum width 5 feet and maximum width 8 ft. PUD-3. Frontage/street improvements: These shall be as follows and due per Condition G4a: a. BFR: Per WDO Fig. 3.01C except that planter strip shall be min 6½ ft wide inc. curb width. b. Olympic: Bridge or culvert crossing over Mill Creek tributary: Per WDO 3.01.03H: ROW: Required ROW shall remain such regardless of the physical width of the crossing. Parking: Any parking lane(s) required by the applicable cross section shall remain required. Sidewalk widths: A developer may omit from a bridge or culvert the street landscape strips, thereby resulting in curb-tight sidewalk, the minimum width of which shall be either 8 ft where there is to be no adjacent on-street parking or 9 ft where there is to be. Wider width shall apply where ADA per WDO 3.01.03G applies such that it is required. Fence/railings: Where a street segment is a bridge or culvert crossing, and the public works construction code requires any pedestrian guardrail, handrail, fall protection railing, or safety railing, then it shall be decorative or ornamental (as examples, having an artistic pattern or resembling wrought iron), and a color other than black or charcoal. Any required fence at each end of railings shall be the same color(s). Bridge sides: If the bridge sides are concrete, the surface shall be stamped or treated to resemble either cut stone or rough stone. ---PAGE BREAK--- ANX 22-02 Marion Pointe PUD – Commission Final Decision - Page 6 of 18 Elevation: Shall be such that the travel way and parking lanes wouldn’t flood during the 100-year flood. Design details are deferred to PUD Final Plan Approval process; refer to Condition PUD-11. c. Tract D: The developer shall grant to the City over the entire tract a public street easement. The easement shall allow for all purposes permitted by what would have been ROW dedication including construction of street improvements. One or more legal instruments that dedicates the easement shall contain text that the easement is revocable only with the written concurrence of both the Community Development Director and Public Works Director and by City Council action. (The objective is to have maintenance responsibility remain with a party other than the City.) d. Hazelnut: Per WDO Fig. 3.01G, except that the territory contiguous with Tax Lots 051W06DC00201 & 300, which is occupied by Hazelnut, shall be dedicated to the City as ROW. (Note: To not meet this condition part would require modification of condition [MOC] application and approval per WDO 4.02.07.) e. Planter strip remainder: Per WDO 3.01.04B, landscape strips shall have area remaining after street tree plantings landscaped with lawn grass or, if the Public Works Director in writing allows, a species of groundcover. Cobblestones, gravel, pebbles, and rocks are prohibited. Bark dust, mulch, or wood chips are permissible only within the immediate vicinity of a street tree trunk. The developer shall install landscape strip irrigation, and shall provide temporary irrigation during construction, per the public works construction code. ---PAGE BREAK--- ANX 22-02 Marion Pointe PUD – Commission Final Decision - Page 7 of 18 f. Sidewalks: Min 6 ft wide except wider as Exhibit PUD-3f supersedes. BFR sidewalk southerly and two northerly dead-ends shall have ADA-compliant transitions spanning between sidewalk and road shoulder as the applicable public works authority specifies. The segment extending north from Hazelnut sidewalk may meander, including PUE overlap, and taper to 6 ft through RPZs to save most of the loose row of trees along the road. Exhibit PUD-3f: Site Plan Sheet P-26 Sidewalks (blue: min 8 ft wide); see Attachment 103 for full size g. Overlap: The extra width of planter strip and sidewalk shall either overlap outside ROW into streetside PUE and come with a recorded legal instrument granting public access to the overlap to the satisfaction of the Public Works Director, or come with additional ROW to accommodate them. Wider sidewalks shall not narrow planter strips. ---PAGE BREAK--- ANX 22-02 Marion Pointe PUD – Commission Final Decision - Page 8 of 18 h. Street trees: Min numbers equal to block frontage ratios per Exhibit PUD-3h: Exhibit PUD-3h: Site Plan Sheet P-31 Street Tree Min No. (green: equal to 1 tree per 30 ft of block frontage) Along Magnolia, revise street trees from Capital pear to Magnolia grandiflora “Victoria” cultivar. Fee in-lieu shall be per Attachment 205. i. Electric power lines: Electric power lines, whether in or beyond ROW, shall be buried. j. Traffic calming: A min number of pedestrian crossings along intersection legs shall be patterned poured concrete each min 8 ft wide: Magnolia & Nightingale, 3 legs: N/NE, E/SE, & S/SW; and Magnolia & Olympic: 2-3 legs: S/SW & whichever one or both of the E/SE or W/NW legs that would have a curb ramp along the top of the of the T-intersection. PUD-4. Streets, dead-end: Barricades/Signage: Based on WDO 3.01.05A.2b & c, the developer shall place: a. A barricade with sign at the south end of Nightingale; and b. A barricade at each of the north end of Nightingale the east end of Magnolia. Consult PW for a barricade detail, and no later than CEP show both it and a modified version with a sign in conformance with 3.01.05A.2c. PUD-5. Tree preservation: The developer shall preserve trees per Attachment 204 or pay removal fees per Attachment 205. ---PAGE BREAK--- ANX 22-02 Marion Pointe PUD – Commission Final Decision - Page 9 of 18 PUD-6. RCWOD designation: The developer shall through zone change ordinance exhibits apply not only the base zoning districts consistent with the Comprehensive Plan but also the RCWOD that WDO 2.05.05 describes to the applicable areas within Tracts C & E and where the applicable area overlaps the golf course lot. PUD-7. Environmental remediation: The developer shall remediate per Attachment 204, Part C. PUD-8. Lot and tract development standards: The standards shall be per Attachment 202. PUD-9. Common area improvements: Improvements shall be per Attachment 203. PUD-10. Association: The developer shall establish an association/HOA per Attachment 203, Part E. PUD-11. PUD Final Plan Approval Process: a. The developer shall conform to WDO 5.01.07, the purpose of which is to ensure that the PUD is in substantial conformance with the conditions of the PUD Detailed Development Plan (DDP) approval, including regarding street improvements, public improvements outside ROW if any, and common area improvements. The developer shall apply to the Director for PUD Final Plan Approval no later than when applying to PW for CEP review. b. Scope: The scope of DDP includes any topic for which any given final decision condition of approval, and any separate document it might reference, is too general to establish civil engineering standards and construction levels of detail. It also includes any topic or situation for which no standard exists through previous adoption by PW. The Final Plan Approval process is to establish any and all design details deferred from land use review. c. CEP: The developer shall incorporate a PUD Final Plan Approval by the Director into CEP review by PW and the civil engineering plan set that PW would approve through CEP. PUD-12. Construction access: Construction access is prohibited from and to Olympic. If public works construction code standards necessary for PW to administer this condition are absent, the Public Works Director may administratively through a PW permit process establish details, specifications, and revisions to administer including regarding time, place, manner, and temporary signage directing traffic. PUD-13. Dove Landing park improvements: The developer shall pay a fee per Attachment 205 towards improvement of the public park land within the Dove Landing PUD, which is west across BFR. ---PAGE BREAK--- ANX 22-02 Marion Pointe PUD – Commission Final Decision - Page 10 of 18 Planned Unit Development 22-02: Transportation T-A. BFR & OR 214: The developer shall pay towards TSP signal timing studies or a combined study per Attachment 205. [TSP R8, R9, & R11, p. 32 as Attachment 104A] T-BP. Wayfinding: To further TDM, the developer shall do one of the following: a. Install 3 min devices, such as signage, that provide wayfinding to bicycle routes, multi-use paths, parks, schools, and other essential destinations. If the developer were to opt for signage and assuming pole signage, sign face min dimensions shall be 2 ft by 1 ft and the placements shall be min: 1 installation of 1 face along Tract A Magnolia frontage; 1 installation of 2 faces at or near the intersection of BFR & Owl and along Tract H; 1 installation of 2 faces at or near the intersection of BFR & Magnolia and near Tract I; Note: The developer may mimic the typical wayfinding per WDO interpretation memo INT 22- 0608. b. Pay a fee in-lieu per Attachment 205. [TSP B40 “wayfinding”/P62] T-T1. Bus shelter: To further TDM through bus transit, the developer shall provide for a bus shelter by either installing a shelter to the specs per WDO interpretation memo INT 22-0609 or paying a fee in-lieu per Attachment 205. [TPU 9] T-T2. Bus stop bicycle parking: To further TDM through bus transit, the developer shall at each of the following locations provide for bicycle parking by either installing a bicycle rack to the specs specified WDO interpretation memo INT 22-0609 or paying a fee in-lieu per Attachment 205: a. BFR along Tract H; and b. BFR northbound adjacent to Tax Lot 051W07BA01300 (2348 N. Boones Ferry Rd). [TSP T18] T-T3. Bus transit fee: To further transportation demand management (TDM) through bus transit, the developer shall pay a bus transit fee per Attachment 205. ---PAGE BREAK--- ANX 22-02 Marion Pointe PUD – Commission Final Decision - Page 11 of 18 Expiration: Per Woodburn Development Ordinance (WDO) 4.02.04B: “Expiration Period: A final decision on any application shall expire within three years of the final decision date unless: 1. The City has issued a building permit to exercise the right granted by the decision; 2. The activity approved in the decision has commenced; or 3. The City has approved a time extension per Section 4.02.05. Regarding subsection B.1 above, if by 10 years past the final decision date there is no substantial construction as Section 1.02 defines following issuance of a building permit, the final decision shall expire and fail to vest. Regarding subsection B.2 above as applies to Property Line Adjustment, Consolidation of Lots, and Partition and Subdivision Final Plat Approval application, the developer shall complete recordation no later than the land use expiration date.” ---PAGE BREAK--- ANX 22-02 Marion Pointe PUD – Commission Final Decision - Page 12 of 18 Notes to the Applicant: 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 . Use it to check on the status of a recordation request to the County. City staff does not track County plat recordation. 7. Technical standards: a. Context: A reader shall not construe a land use condition of approval that reiterates a City technical standard, such as a PW standard, to exclude remaining standards or to assert that conditions of approval should have reiterated every standard the City has in order for those standards to be met. b. Utilities: A condition involving altered or additional sidewalk or other frontage/street improvement that would in the field result in displacement or relocation of any of utility boxes, cabinets, vaults, or vault covers does not exempt the developer from having to move or pay to move any of these as directed by the City Engineer and with guidance from franchise utilities. 8. Other Agencies: The applicant, not the City, is responsible for obtaining permits from any county, state and/or federal agencies, which may require approval or permit, and must obtain all applicable City and County permits for work prior to the start of work and that the work meets the satisfaction of the permit-issuing jurisdiction. The Oregon Department of Transportation (ODOT) might require highway access, storm drainage, and other right-of-way (ROW) permits. All work within the public ROW or easements within City jurisdiction must conform to plans approved by the Public Works Department and must comply with a Public Works Right-of-Way permit issued by said department. Marion County plumbing permits must be issued for all waterline, sanitary sewer, and storm sewer work installed beyond the Public Right-of-Way, on private property. ---PAGE BREAK--- ANX 22-02 Marion Pointe PUD – Commission Final Decision - Page 13 of 18 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 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 specifications, Standard Drawings, Standard Details, and general conditions of a permit type issued by the Public Works Department. 12. ROW: a. Dedication: The Public Works Department Engineering Division has document templates for ROW and easement dedications that applicants are to use. ROW – and public utility easement (PUE) – dedications are due prior to building permit issuance per Public Works policy. b. Work: All work within the public ROWs or easements within City jurisdiction must require plan approval and permit issuance from the Public Works Department. All public 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 ---PAGE BREAK--- ANX 22-02 Marion Pointe PUD – Commission Final Decision - Page 14 of 18 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 T-A1). Identify the specific sheet (by number) or document page number that illustrates or notes how each subpart of a condition is met. b. Contact information: State the applicant’s name, company, phone number, e-mail, and desired date for City staff to respond with review comments. The cover letter may include these. c. Plan copies: Submit to the attention of the Planning Division at least two plan size copies of plan sets (24 by 36 inches). Within the cover sheet title block(s), include the phrase “civil engineering plans” or “public improvements civil plans”. Submit also Adobe PDFs using a fileshare service. d. Re-submittal fee: If there are multiple re-submittals, beginning with a third submittal / second revised submittal and continuing with each subsequent submittal, the applicant must pay through the Planning Division into City general revenue a fee of $100. Where public improvements involve the jurisdiction of an outside agency such as the Oregon Department of Transportation (ODOT), the developer must account for that when interacting with the City Engineer and City Public Works Department process. 19. PUD Final Plan (FP) Approval Process: A. Context and project management: 1. The process by which to receive, review, and approve drawings and other documents related to public improvements required by these conditions of approval may be paired with or incorporated into building permit review, or, if directed by the City Engineer, through a civil engineering plans (CEP) review process led by PW. 2. CEP remains the means for implementing final decision conditions of approval affecting street improvements, both surface and underground, and extending into PUEs. 3. The developer is project manager. Because PW establishes that CEP applicants have a single point of contact termed the “Engineer of Record”, the developer manages the engineer of ---PAGE BREAK--- ANX 22-02 Marion Pointe PUD – Commission Final Decision - Page 15 of 18 record who handles the CEP and also interacts with the Planning Division regarding FP review. For Planning Division staff, the developer is the point of contact, namely whoever on the developer’s team the developer tasks with being the project manager. 4. The developer shall be completely responsible for integrating staff directions found in FP documents issued by Planning Division staff into civil engineering plans that the engineering of record submits to PW. 5. If, when, and where conflicting directions arise between FP directions and CEP directions, the developer shall be responsible for communicating with formal cover or transmittal letters messages from the conflicting division to the other division, and shall communicate such. 6. The Planning Division observes the CEP for other projects has come after land use final decision and before the building permit stage. Except where otherwise conditioned, it’s up to the developer to determine when to submit for CEP and PUD Final Plan relative to each other to best meet this “context and project management” condition. B. PUD Final Plan review scope and result: 1. The scope of FP review includes any topic for which any given final decision condition of approval, and any separate document it might reference, is too general to establish civil engineering standards and construction levels of detail. It also includes any topic or situation for which no standard exists through previous adoption by PW or, where applicable, parks and recreation staff. It includes, as examples, pavement, game and sports courts and fields, buildings including pre-fabricated ones, playgrounds and other structures including pre-fabricated ones, exterior lights, landscaping, signage, and appurtenances such as benches, bicycle parking, dog waste stations, ornamental fountains, and water fountains, as well as materials, textures, colors, and model specifications. (Although in or partially in ROW, a bus shelter or shelters are to be subject to FP instead of CEP based on PW preference, unless PW were to direct the engineer of record to include such in CEP scope.) 2. There shall result an official version of a civil engineering plan set marked approved by PW that shows all common area improvements and all public improvements, including off-street public improvements, resulting from both FP review and CEP. It shall come to be prior to building permit application; however, PW is prohibited from approving any time prior to the developer paying conditioned fees related to CEP Planning Division review. C. Submittal directions FP review: 1. Due date: For CEP, none other than what PW might specify. For FP, original / 1st submittal is due whichever occurs earlier: When the developer applies for either CEP or final plat application to the City. 2. Cover letter: Upon submitting CEP application to PW, simultaneously alert the Planning Division through a cover letter to the attention of the Planning Division referencing the intended or, if known, actual submittal date as well as the project name, tax lot number(s), street address(es), and the land use final decision conditions of approval that require the public improvements that ares the subject of the civil engineering plans. Referencing conditions may be by quotation or citing the identification numbers T-A1). Identify the specific sheet (by number) or document page number that illustrates or notes how each part of a condition is met. ---PAGE BREAK--- ANX 22-02 Marion Pointe PUD – Commission Final Decision - Page 16 of 18 3. Contact information: State the applicant’s name, company, phone number, e-mail, and desired date for City staff to respond with review comments. The cover letter to the Planning Division may include these. The developer may submit to the Planning Division a copy of the stamped CEP application form submitted to PW if the form includes the required information. D. Site Plans: For CEP Planning Division review and FP: 1. CEP: Submit to the attention of the Planning Division at least 2 plan size copies of plan sets, one plotted at native scale (min 22 by 34 inches, max 24 by 36) and one at ledger (11 by 17). Within the cover sheet title block(s), include the anticipated date of submittal and the phrase “civil engineering plans”, “civil plans for CEP”, or “public improvements civil plans”. 2. FP: Submit to the attention of the Planning Division at least 6 plan size copies of plan sets, 3 plotted at native scale (min 22 by 34 inches, max 24 by 36) and 3 at ledger (11 by 17). Within the cover sheet title block(s), include the anticipated date of submittal. 3. Both: Fold the plan size sets if thin enough to do so. Submit also Adobe PDFs using a fileshare service. 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 due date is “on or before the 21st day” after the decision date per OAR [PHONE REDACTED](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 Cassandra Martinez, Administrative Specialist, at (503) 982-5246 or [EMAIL REDACTED]. Testifiers: Name Address Planning Commission City Council Written Verbal Written Verbal Garrett Stephenson (applicant’s attorney) Schwabe, Williamson, Wyatt, 1211 SW 5th Ave, Ste 1900, Portland, OR 97204 x x x Jim Nicolarsen 620 Troon Ave Woodburn, OR 97071-7691 x x Julie Nicolarsen 620 Troon Ave Woodburn, OR 97071-7691 x x Dennis & Lorell Ortega 408 Turnberry Ave, Woodburn, OR 97071-7740 x Eric Svela 549 Turnberry Ave, Woodburn, OR 97071-7742 x x ---PAGE BREAK--- Attachments: Planning Commission June 23, 2022 Staff Report Attachment 101. M'..arked Tax Map 102. Analyses & Findings 102A. Public Works comments ( June 15, 2022) 103. Site plans ( 27 sheets) 103A. Annexation Service Provider Letters ( SPLs; 4 pages) 104A. TSP Tables 2 & 5 marked excerpts from pages 32 & 62: Projects R8, R9, R11, & P36( 2 pages) 104B. TSP Fig. 2 " Functional Roadway Classification" 104C. TSP Fig. 6 " Local Street Connectivity Plan" Planning Commission June 23, 2022 staff addendum memo Attachment 104D. ANX 22- 02 Strikethrough- and- U Conditions of Approval Revised from June 23, 2022 Planning Commission Staff Report 201.* ANX 22- 02 Marion Pointe PUD: Dictionary& Glossary 202. ANX 22- 02 Marion Pointe PUD: Lot & Tract Development Standards 203. ANX 22- 02 Marion Pointe e PUD: Common Area Improvements & Public Easements 204. ANX 22- 02 Marion Pointe PUD: Tree Preservation & Protection and Environmental Remediation 205. ANX 22- 02 Marion Pointe PUD: Conditioned Fees The 200 series of attachments are details for the conditions of approval. Sincerely, w a a Colin Cortes, AICP, CNU- A Senior Planner As authorized by the City Council on august 8, 2022 Eric Swenson, Mayor Date ES/ cmc cc: Chris Kerr, Community Development Director ANX 22- 02 Marion Pointe PUD— Commission Final Decision- Page 17 of 18 ---PAGE BREAK--- ANX 22-02 Marion Pointe PUD – Commission Final Decision - Page 18 of 18 Curtis Stultz, Public Works Director Dago Garcia, P.E., City Engineer Melissa Gitt, Building Official Jason Space, GIS Technician Holt Group Holdings, LLC, P.O. Box 61426, Vancouver, WA 98666-1426 (applicant) [mail] Rand Waltz, Project Manager, AKS Engineering & Forestry, LLC, 12965 SW Herman Rd, Ste 100, Tualatin, OR 97062-7052 (applicant’s representative) [mail] Tukwila Partners, P.O. Box 128, Woodburn, OR 97071-0128; and Oregon Golf Association c/o Members Club Inc., 2850 Hazelnut Dr, Woodburn, OR 97071-9698 (landowner) [mail] Testifiers: Per the table above. [mail] Casey Knecht, P.E., Development Review Coordinator, Oregon Dept. of Transportation (ODOT) Region 2 <[EMAIL REDACTED]> Ken Spencer, Customer Operations Engineer, Portland General Electric (PGE) <[EMAIL REDACTED]> Marion County: Assessor’s Office <[EMAIL REDACTED]> Elections <[EMAIL REDACTED]> [for annexations, land divisions with new streets, and address assignments] Geographic Information System (GIS) <[EMAIL REDACTED]> Land Development Engineering & Permits <[EMAIL REDACTED]> Planning Division <[EMAIL REDACTED]> Public Works Dept. ---PAGE BREAK--- ^ R ! <Ò <Ò R ! R <Ò <Ò <Ò TURNBERRY 800 502 7 143.93 322.81 118.88 55 50.00 TUKWILA 572.80 INDEPENDENCE 50.00 ROAD 36.33 302.48 223.45 60.00 MR 69 100.07 SE COR R HURLEY LAND CLM ST 60 60 60 510.86 50.00 MR 69 S06 32W 545.29 471.98 732.69 482.67 R=45 CROSBY 24.11 60 119.43 297.11 143.8 FE CROSBY 60.04 501 50 60' 50 50.03 AVENUE HAZELNUT 60' 50 631.37 50.00 1604.50 273.77 219.09 60 269.88 104.00 50 PARCEL ON MAP 05 1W 05C FAIRWOOD 60 500 33 159.13 249.91 543.32 R=52' 50 39.21 AC 60 50.00 568.33 7 50 TUKWILA DRIVE 155.48 BOONE'S 50 50' 269.88 359.97 658.14 50 6.20 CH 1/4 COR MR 69 6 DR OLYMPIC ST 30 55 NW COR J CASEY LAND CLM 153.19 85.00 6.21 CH 131.58 55' 321.51 278.70 ROAD 13.65 TROON AV CRESCENT SW COR J CASEY LAND CLM GILBERT PLACE 8 60' 74.13 300 PARCEL 1 R=50 50.00 AVENUE C.R.511 55.00 743.5 338.57 50 29.99 BOONE'S NOTE - REMAINDER OF THIS TUKWILA DRIVE CR 505 NOTE: THIS AREA IS ASSESSED WITH TAXLOT 1800 ON MAP 05-1W-06AD FAIRWOOD CRESCENT 50.00 5 60.98 AC TROON 50 50.00 60 100 40' 285.17 W'LY RE-ENT COR P GLEESON DLC 49 CTR SEC PARCEL 2 2.00 AC NE COR R HURLEY LAND CLM COURT 50.00 60 443.73 HAZELNUT DR 55 60 40 400 318.78 MCSR 39169 PARCEL ON MAP 05 1W 5C 293.80 DRIVE 50' COLONY ST 60 50 55 P.P. 2018-010 SAWGRASS 5 R=55 50 60' ACCESS EASEMENT 50 384.36 50.00 SE COR J WHITNEY DLC 55 18.96 50 60 CHAMPIONSHIP DRIVE 200 322.81 BOGIE CT FERRY S32W 854.4 NOTE - REMAINDER OF THIS 244.34 50 AV 1/4 COR ROAD 03 60 0 03 60 0 03 60 0 03 03 0 03 03 0 03 03 0 03 0 SEE MAP 051W06C SEE MAP 051W07BA SEE MAP 051W07AB SEE MAP 051W05B SEE MAP 051W05C SEE MAP 051W06A SEE MAP 051W06AD SEE MAP 051W08B SEE MAP 051W06CD SEE MAP 051W07AA SEE MAP 051W06B 05CC 06DC 06DD MARION COUNTY, OREGON SE1/4 SEC6 T5S R1W W.M. 05 1W 06D 05 1W 06D SCALE 1" = 200' FOR ADDITIONAL MAPS VISIT OUR WEBSITE AT www.co.marion.or.us DISCLAIMER: THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY 05 1W 06D 05 1W 06D 05 1W 06D 05 1W 06D 05 1W 06D 05 1W 06D LEGEND LINE TYPES CORNER TYPES Section Corner <Ò 15 16 21 22 Waterline - Non Railroad Centerline Historical Boundary Easement Taxcode Line Map Boundary Road Right-of-Way Taxlot Boundary Railroad Right-of-Way Private Road ROW Subdivision/Plat Waterline - Taxlot NUMBERS Tax Code Number 00 00 0 All acres listed are Net Acres, excluding any portions of the taxlot within public ROWs Acreage Tick Marks: A tick mark in the road indicates that the labeled dimension extends into the public ROW 0.25 AC NOTES 200.00 175.00 PLOT DATE: 10/16/2020 CANCELLED NUMBERS 600 601 602 700 801 900 [PHONE REDACTED] 1001 1002 1100 1101 1102 1103 1104 1105 1200 1400 1500 1501 R ! DLC Corner <Ò 1/4 Section Cor. Ð 1/16TH Section Cor. Attachment 101 Sheet 1 of 2 ---PAGE BREAK--- ^ Ð R Ð S89 42W 337.00 100 202.18 226.64 102 CS 18073 375.93 200 342.60 92.53 201 64.51 300 3.29 301 199.80 293.72 658.47 5 500 52.88 TR. J 7 103.40 219.69 600 2600 22 16.58 AC 73.00 126.11 TUKWILA 53.16 400 700 8.63 AC 0.23 AC 72.00 21 259.40 141.25 800 0.24 AC NOTE - REMAINDER OF THIS N19 33 09E 581.33 PARCEL ON MAP 05 1W 06DD 20 72.00 141.25 76.94 27.40 70.00 72.22 183.80 900 1000 TUKWILA 18 65.85 18.00 11.69 48.32 19 64.11 TUKWILA 60.58 1100 80.77 18.00 TR. I 64.00 8.00 17 1200 20 16 1300 80.53 63.36 87.49 70.00 85.81 87.71 26.00 ORCHARD 14 118.88 83.20 1500 1400 107.38 58.00 47.00 130.90 3300 82.80 47.00 3400 100.78 63.35 11.45 47.00 15 2700 8.00 3200 67.00 100.00 70.09 239.95 1600 47.00 PARCEL 1 90.81 NOTE - REMAINDER OF THIS 18.00 3100 3500 TR. H 67.00 0.32 AC PARCEL ON MAP 05 1W 07AB 47.00 6 13 3000 44.00 100.00 7 123.63 5 12 8 1700 21.25 31.00 S13 35 20W 513.92 172.30 2900 P.P. 3600 100.00 47.00 15.66 31.00 4 20 10.00 44.00 1800 100.00 110.86 2800 86.84 72.49 100.00 47.00 3 20.00 111.75 95.00 3700 69.08 100.00 47.00 9 2 78.17 235.00 44.00 30' ACCESS EASEMENT 100.00 2003-030 46.86 1900 100.00 47.00 26.49 1 2701 44.00 78.00 3800 47.00 10 2100 0.24 AC 100.00 47.00 PARCEL 2 90.00 100.00 44.00 40 60.00 47.00 100.00 72.00 46.86 4500 77.00 0.55 AC 44.00 3900 136.20 11 41 8.00 23 47.00 11 77.00 TR. G 2200 39 153.53 4600 101.94 42 52.00 24 THE LINKS 100.00 62.00 47.00 44.00 GREENS NO.1 47.00 12 20 2000 4700 2300 4000 43 5000 2500 4400 10 73.09 38 44 72.00 26 44.00 47.00 121.73 100.00 13 18.00 4800 60.00 72.00 10.08 115.28 25 4900 TR 4300 33.92 PH. 1 37 47.00 73.09 2400 4100 90.00 52.00 4200 30.00 14 95.17 AT TUKWILA 50 50 GILBERT PLACE ROAD FERRY 50 BOONE'S DRIVE MR 69 CRESCENT HAZELNUT 50 50 R=55 50 FAIRWOOD CRESCEN R=50 60 TUKWILA DRIVE 33 FAIRWOOD MR 69 50 60 50 TUKWILA DRIVE HAZELNUT DR 50 40 30 =45 1/16 COR 1/4 COR 1/16 COR 03 60 0 03 03 0 03 0 SEE MAP 051W06C SEE MAP 051W07BA SEE MAP 051W07AB SEE MAP 051W06D SEE MAP 051W06DD SEE MAP 051W07AA MARION COUNTY, OREGON SW1/4 SE1/4 SEC6 T5S R1W W.M. WOODBURN WOODBURN 05 1W 06DC 05 1W 06DC SCALE 1" = 100' FOR ADDITIONAL MAPS VISIT OUR WEBSITE AT www.co.marion.or.us DISCLAIMER: THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY 05 1W 06DC 05 1W 06DC WOODBURN WOODBURN 05 1W 06DC 05 1W 06DC 05 1W 06DC 05 1W 06DC LEGEND LINE TYPES CORNER TYPES Section Corner <Ò 15 16 21 22 Waterline - Non Railroad Centerline Historical Boundary Easement Taxcode Line Map Boundary Road Right-of-Way Taxlot Boundary Railroad Right-of-Way Private Road ROW Subdivision/Plat Waterline - Taxlot NUMBERS Tax Code Number 00 00 0 All acres listed are Net Acres, excluding any portions of the taxlot within public ROWs Acreage Tick Marks: A tick mark in the road indicates that the labeled dimension extends into the public ROW 0.25 AC NOTES 200.00 175.00 PLOT DATE: 10/16/2020 CANCELLED NUMBERS 101 202 R ! DLC Corner <Ò 1/4 Section Cor. Ð 1/16TH Section Cor. ---PAGE BREAK--- Attachment 102 Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 1 of 56 ANX 22-02: 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 Deviation: Planned Unit Development, Zoning Adjustment, and/or Variance Request to modify, adjust, or vary from a requirement Section references are to the Woodburn Development Ordinance (WDO). Table of Contents Project Name & Case File Numbers 2 Location 2 Land Use & Zoning 2 Statutory Dates 3 Annexation Provisions 4 Zoning Map Change Provisions 11 Riparian Corridor and Wetlands Overlay District (RCWOD) Provisions 12 Property Line Adjustment Provisions 15 Subdivision Preliminary Approval Provisions 17 43 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 2 of 56 Planned Unit Development Provisions 18 Remaining Provisions 34 Recommended Conditions of Approval 42 Applicant Identity 51 Notes to the Applicant 51 Project Name & Case File Numbers The project name is Marion Pointe. The land use application master/parent case file number is Annexation ANX 22-02, and the children/corollary case file numbers are Property Line Adjustment PLA 22-02, Planned Unit Development PUD 22-02, Riparian Corridor and Wetlands Overlay District Permit RCWOD 22-01, Preliminary Subdivision SUB 22-03, & Zone Change 22- 02. Location Address(es) None (east side of N. Boones Ferry Rd north of Hazelnut Dr) Tax Lot(s) 051W06D000502 (primary), 500, & 800 and 051W06DC00201 & 300; respectively 39.21, 0.15, 0.07, 0.09, & 0.16 acres, totaling 39.69 acres Nearest intersection N. Boones Ferry Rd & Hazelnut Dr Land Use & Zoning Comprehensive Plan Land Use Designation Low Density Residential and Open Space and Parks Zoning District Residential Single Family (RS) and Public and Semi-Public (P/SP) – the latter covering the existing golf course – upon annexation Overlay District(s) Riparian Corridor and Wetlands Overlay District (RCWOD) along the west tributary of Mill Creek Existing Use(s) Closed orchard and part of Oregon Golf Association golf course 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: 44 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 3 of 56 Comprehensive Plan land use map excerpt Zoning map excerpt Cardinal Direction Adjacent Zoning North No City zoning because not annexed and outside the City urban growth boundary (UGB) East No City zoning because not annexed and outside the City urban growth boundary (UGB) South Mix of RS & P/SP; from east to west: The Links at Tukwila Phase IV subdivision, golf course, Tukwila Orchard Greens No. 1 subdivision, and more golf course West Orchard and two rural houses to be demolished and developed into the Dove Landing PUD [ANX 2020-03] Statutory Dates Application Completeness February 14, 2022 120-Day Final Decision Deadline September 9, 2022 per Oregon Revised Statutes (ORS) 227.178. (The nearest and prior regularly scheduled City Council date would be August 22, 2022.)* *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). 45 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 4 of 56 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 February 14, 2022 and revised and additional materials through April 21, 2022 (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 46 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 5 of 56 b) Connects existing stub streets, or other discontinuous streets, with another public street. 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 staff hosted the pre-application conference (Pre-App PRE 21-20) on August 12, 2021. 47 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 6 of 56 The applicant requests that the City designate the annexed territory with the Residential Single Family (RS) and Public and Semi-Public (P/SP) base zoning districts and the Riparian Corridor and Wetlands Overlay District (RCWOD). Regarding the criteria of subsection 1. The City Comprehensive Plan, Section G. Growth Management and Annexation contains annexation policies on pp. 30-31. The annexation criteria in the WDO already reflect the goals, including efficient City services. First, the territory to be annexed is within the Woodburn Urban Growth Boundary (UGB). The premise of a UGB is to define an area feasible for the City to provide services to greenfield development over approximately 20 years as described in the Comprehensive Plan. So, in this way the annexation of territory within the UGB is consistent with the comp plan. Second, the territory also is adjacent to infrastructure that development can make use of or extend into the territory to develop it:  Roads and street: N. Boones Ferry Road borders to the property to the west, providing a means of access. The property also has a second access by bordering to the south the dead-end of Olympic Street. The annexation legal description and map series include the right-of-way (ROW) adjacent to the site, from the north end south to the south leg of the intersection of N. Boones Ferry Road & Hazelnut Drive.  Transit: Along N. Boones Ferry Road and Olympic Street, the City and other agencies could run transit vehicles.  Potable water, sanitary sewer, and stormwater sewer: These are adjacent or nearby, and as the Public Works Department Directs at the civil engineer plan (CEP) review and public works permit stage, the developer will upgrade and extend them as necessary to provide laterals to the site development and for these upgraded and extended utilities to accommodate the demands of the development.  Other: Other franchise utility providers attend to such utilities as electric power, cable television and internet, natural gas, and cellular wireless telephony, often using existing or extended ROWs. 2. The territory is contiguous to the City. Per the comp plan and with implementation through the WDO, upon development of the territory the City would require 48 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 7 of 56 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, evidenced by the Public Works comments that are Attachment 102A. Second, the Public Works Department, Woodburn Fire District (WFD), and Woodburn School District (WSD) submitted service provider letters (SPLs) as annexation applications require. They are in Attachment 103B. The Public Works one dated September 3, 2020 states: “This letter is to certify that the City of Woodburn has no capacity issue with the public wastewater treatment facility or public water treatment facility. However, the subject property is not adjacent to an existing collection system for water, wastewater or a public storm sewer collection system. The requirements for these collection facilities would still need to be determined. The capacity analysis, design and installation would be the responsibility of the applicant/property owner.” Along with the Public Works comments that are Attachment 102A, it appears to Planning Division staff that the Public Works Department has no objection to annexation and that public works can serve the development through typical public improvements by a developer of the territory to be annexed. Additionally, the applicant’s narrative (April 21, 2022, pp. 46-47) states: “Water service via a 12-inch-diameter mainline is available at the intersection of Hazelnut Drive and N Boones Ferry Road. This water line is planned to be extended through the community and looped back into an 8-inch-diameter water line at the current stub end of Olympic Street. Stormwater from the project is planned to be routed to internal stormwater facilities. Per the Preliminary Composite Utility Plans (included in Exhibit D) and Preliminary Stormwater Report (Exhibit these facilities have capacity to accommodate surface water runoff from the project. Sanitary sewer for the project is planned to be routed to a point of confluence at the south end of the planned extension of Olympic Street, then east and south through the golf course to an existing sanitary sewer mainline within an existing utility easement near the intersection of Troon Avenue and Tukwila Drive. The existing line has the capacity for the planned PUD project and potential future development west of N Boones Ferry Road. 49 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 8 of 56 Application to Marion County to extend sanitary sewer utilities within the Exclusive Farm Use (EFU) zone has been previously approved (Administrative Review Case No. 20-027), included as Exhibit L. Plans depicting the sanitary sewer and other planned utilities are included as part of Exhibit D. The Applicant plans to install necessary water, wastewater, stormwater, and other utility facilities needed to serve the project. No obstructions to the orderly provision of public services have been identified by the Applicant or service providers. Additional review and details will be provided prior to permitting of public improvements. These criteria are met.” There’s no written objection by the Public Works Department to the applicant’s narrative. 3. a. Examining the considerations under subsection a. because the Comprehensive Plan land use map designates the territory Low Density Residential and Open Space and Parks, and the territory is to be designated with Residential Single Family (RS) and Public and Semi-Public (P/SP) base zoning districts consistent with both the applicant’s request and Comprehensive Plan Policy Table 1: 1) Following ANX 2020-03 Dove Landing PUD west across Boones Ferry Road NE, the territory to be annexed meets the guideline that it “should be contiguous to the City on two or more sides”. 2) The applicant’s narrative (pp. 47) states: “The Comprehensive Plan Land Use Map designates the territory as a combination of Low Density Residential and Open Space and Parks. Per the City’s Housing Needs Analysis adopted December 9, 2019, the territory was included in the Buildable Lands Inventory and had been previously designated Low-Density Residential; therefore, the project helps meet the needs identified within the Housing Needs Analysis and Buildable Lands Inventory. Changes to density or zoning designation are not planned. This petition for annexation represents only a small portion of the residentially designated lands within the UGB. The Housing Needs Analysis states that the future estimated housing need to be provided by single-family detached dwellings, manufactured homes, and mobile homes is 1,563 net new dwellings. The planned 90-lot PUD is planned to provide 5.76 percent of the total needed single-family detached dwellings or more than one year’s supply. There is no known oversupply of annexed Low Density Residential lands and the supply of these lands following annexation is not more than a 5-year supply for residential growth.” 50 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 9 of 56 Staff concurs. 3) The applicant’s narrative 48) states: “The project involves the extension of an existing public street stub from Olympic Street to N Boones Ferry Road and provide for future local street connections to surrounding development. The project is planned to also correct a previous dedication error to accommodate right-of-way for future N Boones Ferry Road widening needs. Utility projects related to this project that increase capacity or serve other developments are part of the City’s Capital Improvement Plan.” There’s no written objection by the Public Works Department to the applicant’s narrative. 4) Regarding & the applicant’s narrative 48) states: “The territory is feasible for development. The RS-zoned lands are relatively flat former farmland with no obvious physical constraints other than the unnamed North Mill Creek tributary. The territory is adjacent to City utilities and street infrastructure. The annexation includes right-of-way along N Boones Ferry Road. Infrastructure for the project including potable water extends along or under N Boones Ferry Road. The Woodburn Comprehensive Plan addresses the extension of utility infrastructure for the project and its criteria are addressed within this written narrative below. The existing Olympic Street stub is planned to be extended to N Boones Ferry Road. These provisions, required by WDO, are illustrated within the Preliminary Plans (Exhibit Additional street stubs are shown to be dedicated for potential future development. These criteria are met.” Staff concurs. 5) The applicant asserts 48) that the annexation fulfills a substantial unmet community need by filling the City’s housing needs per the City adopted Housing Needs Analysis (December 9, 2019). Because these analyses and findings come before the first public hearing by the Planning Commission, it is yet unknown if annexation fulfills a substantial unmet community need because the City Council has not yet identified such a need. Examples of community needs include park space and conservation of significant natural or historic resources, and the corollary development includes Tracts G & H along the west tributary of Mill Creek that the developer is to improve and dedicate as common area tracts to be owned and maintained by an association such as a homeowners association (HOA). 51 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 10 of 56 No public parkland is proposed, and the applicant’s narrative 48) notes, “Public park land, as yet undeveloped, is available for resident use approximately 200 feet from the PUD. The next closest public park, Heritage Park, is located ±2,000 feet from Marion Pointe.” The applicant is referring to ANX 2020-03 Dove Landing PUD. Annexation of the subject territory demonstrates substantial conformance with the criteria. 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 Comprehensive Plan land use designation or upon annexation to designate the territory with City base zoning districts other than RS and P/SP. (Pursuant to Comprehensive Plan Policy Table 1, RS and P/SP are each the only zoning district that implements the respective Low Density Residential and Open Space and Parks designations.) Regarding the applicant need not address subsection 1. because the territory to be annexed includes adjacent ROW and because the public improvements including ROW and public utility easement (PUE) dedications that F. describes are addressed through development review, i.e. site plan review process, instead of annexation itself. The criteria are met. 52 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 11 of 56 Zoning Map Change Provisions Zoning Map Change Provisions 5.04.04 A. Purpose: The purpose of an Owner Initiated Official Zoning Map Change is to provide a procedure to change the Official Zoning Map, in a manner consistent with the Woodburn Comprehensive Plan. B. Criteria: The following criteria shall be considered in evaluating an Official Zoning Map Change; 1. Demonstrated need for the proposed use and the other permitted uses within the proposed zoning designation. 2. Demonstrated need that the subject property best meets the need relative to other properties in the existing developable land inventory already designated with the same zone considering size, location, configuration, visibility and other significant attributes of the subject property. 3. Demonstration that amendments which significantly affect transportation facilities ensure that allowed land uses are consistent with the function, capacity, and level of service of the facility identified in the Transportation System Plan. This shall be accomplished by one of the following: a. Limiting allowed land uses to be consistent with the planned function of the transportation facility; or b. Amending the Transportation System Plan to ensure that existing, improved, or new transportation facilities are adequate to support the proposed land uses consistent with the requirement of the Transportation Planning Rule; or, c. Altering land use designations, densities, or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation. Staff interprets this section such that it applies only to rezoning – a change from one City zoning district to another. Because the zone change proposed through ZC 22-02 comes with annexation in order to assign City zoning, and the proposed zoning districts comply with the Comprehensive Plan land use map designations, the criteria are not applicable. Not applicable. 53 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 12 of 56 Riparian Corridor and Wetlands Overlay District (RCWOD) Provisions RCWOD Provisions 2.05.05 Riparian Corridor and Wetlands Overlay District A. Purpose The Riparian Corridor and Wetlands Overlay District (RCWOD) is intended to conserve, protect and enhance significant riparian corridors, wetlands, and undeveloped floodplains in keeping with the goals and policies of the Comprehensive Plan. The RCWOD is further intended to protect and enhance water quality, prevent property damage during floods and storms, limit development activity in designated areas, protect native plant species, maintain and enhance fish and wildlife habitats, and conserve scenic and recreational values. B. Boundaries of the RCWOD 1. The RCWOD includes: a. Riparian corridors extending upland 50 feet from the top of the bank of the main stem of Senecal Creek and Mill Creek and those reaches of their tributaries identified as fish-bearing perennial streams on the Woodburn Wetlands Inventory Map; and b. Significant wetlands identified on the Woodburn Wetlands Inventory Map. Where significant wetlands are located fully or partially within a riparian corridor, the RCWOD shall extend 50 feet from the edge of the wetland; and c. The 100-year floodplain on properties identified as vacant or partly vacant on the 2005 Woodburn Buildable Lands Inventory. 2. The approximate boundaries of the RCWOD are shown on the Zoning Map. The precise boundaries for any particular lot should be verified by the property owner when making a land use application. Map errors may be corrected as provided in this Ordinance (Section 1.02.04). RCWOD applies per subsection B. and mainly aligns with the west tributary of Mill Creek across Tracts C & E and under the golf course, as well as over associated wetlands, and the applicant submitted a legal description and map as the zoning ordinance exhibits to designate the RCWOD. (Incidentally, no other overlay districts from 2.05 apply.) The criteria are met. C. Permitted Uses and activities The following uses and activities are allowed, provided they are designed and constructed to minimize intrusion into the RCWOD: 1. Erosion or flood control measures that have been approved by the Oregon Department of State Lands, the U.S. Army Corps of engineers, or another state or federal regulatory agency 2. Maintenance of existing structures, lawns and gardens 3. Passive recreation uses and activities 54 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 13 of 56 4. Removal of non-native plant species and replacement with native plant species 5. Streets, roads, and paths that are included in an element of the Comprehensive Plan 6. Utilities 7. Water-related and water-dependent uses, including drainage facilities, water and sewer facilities, flood control projects, drainage pumps, public paths, access ways, trails, picnic areas or interpretive and educational displays and overlooks, including benches and outdoor furniture D. Prohibited Uses and Activities 1. New buildings or structures or impervious surfaces, except for replacement of existing structures within the original building footprint 2. Expansion of existing buildings or structures or impervious surfaces 3. Expansion of areas of pre-existing non-native landscaping such as lawn, gardens, etc. 4. Dumping, piling, or disposal of refuse, yard debris, or other material 5. Removal of vegetation except for: a. Uses permitted by this Section b. Perimeter mowing of a wetland for fire protection purposes; c. Water-related or water-dependent uses, provided they are designed and constructed to minimize impact on the existing riparian vegetation; d. Removal of emergent in-channel vegetation that has the potential to cause flooding; e. Hazardous tree removal. 6. Grading, excavation and the placement of fill except for uses permitted by this Section. The site plans illustrate nothing that would conflict. The standards are met. G. Site Plan When a use or activity that requires the issuance of a building permit or approval of a land use application is proposed on a parcel within, or partially within the RCWOD, the property owner shall submit a site plan to scale showing the location of the top-of-bank, 100-year flood elevation, jurisdictional delineation of the wetland boundary approved by the Oregon Department of State Lands (if applicable), riparian setback, existing vegetation, existing and proposed site improvements, topography, and other relevant features. The applicant is conforming to such through land use review site plan sheets, DSL application #63057-GP in review, and DSL approved wetland delineation WD2020-0463, and will factor in the RCWOD through civil engineering plan (CEP) review by the Public Works Department, which comes after land use final decision, for the Olympic Street bridge/culvert/crossing of the west tributary. H. Coordination with the Department of State Lands The Oregon Department of State Lands shall be notified in writing of all applications to the City for development activities, including applications for plan and/or zone amendments, development or building permits, as well as any development proposals by the City that may affect any wetlands, creeks or waterways. 55 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 14 of 56 Planning staff notified DSL through the webform form specific to that agency for what became agency case file number WN2020-0690. The criteria are met. 56 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 15 of 56 Property Line Adjustment Provisions Property Line Adjustment; Consolidation of Lots A. Purpose: The purpose of this review is to ensure that adjustments to property lines or the consolidation of existing lots and parcels, complies with the standards of this ordinance (Section and State Statutes (ORS Chapters 92 and 209). Property line adjustments and consolidation of lots are allowed in all zones. B. Criteria: 1. Lot area, depth, width, frontage, building setbacks, vehicular access and lot coverage comply with the standards of this ordinance (Sections 2 and 2. Existing easements are accurately reflected; 3. Existing land use and development on the subject property comply with the requirements of prior land use actions; and 4. Buildings and structures abutting the adjusted property lines comply with State building codes and with respect to current occupancy. 5. Property line adjustments are surveyed and monumented to the requirements set forth in State statutes (ORS Chapters 92 and 209) and recorded by the County Surveyor. C. Procedure: The Director shall review and approve the application when it is found that it meets this Ordinance and the State Building Codes. The proposal through PLA 22-02 is to adjust the northerly boundary of Tax Lot 051W06DC02600 so that the golf course remains on its own lot. Below is an excerpt of land use review Sheet P- 09 with the adjusted tax lot labeled circled in red, and Sheet P-08 shows the adjustment. 57 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 16 of 56 The applicant proposes re-routing some segments of golf cart paths to align with new paths on adjacent subdivision tracts, and the proposal includes no new buildings or building additions on the golf course adjusted lot. The northerly adjusted lot line doesn’t come near any existing building, and the City geographic information system (GIS) showed no public easements on the adjusted golf course lot with which the adjustment would interfere. The golf course lot is to be zoned Public/Semi-Public (P/SP) zoning district, which has few development standards per Table 2.04D. There are no minimums for lot area, width, depth, or street frontage. Because the proposal includes no new buildings or building additions, the remainder of the standards in the table are not applicable. The criteria are met. 58 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 17 of 56 Subdivision Preliminary Approval Provisions Subdivision Preliminary Approval Provisions 5.03.10 Subdivision Preliminary Approval A. Purpose: The purpose of a Type III Subdivision decision is to ensure that the division of properties into 4 or more lots complies with the standards of this Ordinance (Sections 2 and Subdivisions are allowed in all zones, provided the proposal meets applicable standards. B. Criteria: Preliminary approval of a Subdivision shall require compliance with the following: 1. That approval does not impede the future best use of the remainder of the property under the same ownership or adversely affect the safe and efficient development of the remainder of any adjoining land or access thereto. 2. That the proposed development shall be served with city streets, water, sewer and storm drainage facilities with adequate capacity. 3. That the plan for the development takes into account topography, vegetation and other natural features of the site. 4. That adequate measures have been planned to alleviate identified hazards and limitations to development: a. For wetlands these shall be the measures required by the Division of State Lands for regulatory wetlands. b. For unstable areas, demonstration that streets and building sites are on geologically stable soil considering the stress and loads. 5. The preliminary plat complies with all applicable provisions of this Ordinance (Sections 2 and except where waived by variance. Because the subdivision is for planned unit development (PUD), which can and does modify WDO provisions, the criteria are met through the PUD provisions, including modification by PUD to establish a smaller minimum lot area standard. PUD: Staff further addresses WDO and modified subdivision standards below under the Planned Unit Development Provisions section. 59 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 18 of 56 Planned Unit Development Provisions Planned Unit Development Provisions 3.09 The purpose of this Section is to establish the requirements for Planned Unit Developments (PUDs). PUDs allow flexible development standards, unique street cross-sections, and more variety in permitted uses. They are especially appropriate when developing properties with unique topographic, geotechnical, or other constraints. They also encourage innovation and creative approaches for developing land. In exchange for the ability to modify development and use standards, PUDs must provide common open space and enhanced public amenities. PUD is a discretionary land use application type allowing developers to modify WDO provisions – such as getting smaller minimum lot areas and higher residential density – in exchange for a minimum area of open space, minimum common area improvements, and what the City interprets to mean “enhanced public amenities”. More to the point, the conditions of approval and the related 200 series of attachments establish PUD development standards and common area improvements. 3.09.01 Allowable Types and Minimum Area of PUDs A. Transfer of Density PUD 1. A Transfer of Density PUD shall consist entirely of property in any residential zone, or in more than one residential zone. A Transfer of Density PUD may only be used to transfer residential density from undevelopable areas of a site (riparian corridor, floodplain, wetlands, unstable soils or slopes) to developable areas of a site, but not to increase the overall number of dwelling units allowed on the site. Note: This development option is often called cluster housing. 2. There is no minimum site area for a Transfer of Density PUD. B. Residential PUD 1. A Residential PUD shall consist entirely of property zoned RS, RM, RSN, RMN, R1S, or P/SP, or in more than one such zone. A PUD is not allowed in the Neighborhood Conservation Overlay District (NCOD). 2. A Residential PUD shall contain a minimum of two acres. C. Mixed-Use PUD 1. A Mixed-Use PUD may consist of property in any zone or zones. A Mixed- Use PUD is not allowed in the Neighborhood Conservation Overlay District (NCOD). 2. A Mixed-Use PUD shall contain a minimum of three acres. The applicant’s narrative (April 21, 2022, p. 31) states, “This application involves a ‘Residential PUD’ with RS and P/SP zoning districts and not a ‘Transfer of Density PUD.’” The PUD contains at least two acres and territory to be annexed and zoned RS & P/SP. 60 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 19 of 56 The provisions are met. 3.09.02 Allowed Uses A. Transfer of Density PUD Single-family dwellings, manufactured dwellings, duplexes, row houses, and multiple-family dwellings shall be allowed in a Transfer of Density PUD. B. Residential PUD Any use allowed in any residential zone shall be allowed in a Residential PUD (see Table 2.02A). No separate Conditional Use process shall be required for any use that is described in the Detailed Development Plan and the project narrative. C. Mixed-Use PUD … Because the proposal includes no conditional use for the Residential PUD, subsection B isn’t applicable. Not applicable. 3.09.03 Density Transfer A. Any PUD may be used to transfer residential density from undevelopable areas of a site (riparian corridor, floodplain, wetlands, unstable soils or slopes) to developable areas of a site. Up to 40 percent of the density may be transferred, except as provided in Sections B through G, below. No more than 100 percent of the density may be transferred. B. If the PUD dedicates to the City or provides an easement for a trail or bike path shown in any adopted City Plan, an additional 20 percent of the density may be transferred. C. If the PUD dedicates to the City property abutting a public park, the Commission may allow up to an additional 20 percent of the density to be transferred, commensurate with the amount and usability of the property dedicated. D. If the improved common area of the PUD is available for use by the public, the Commission may allow up to an additional 10 percent of the density to be transferred, commensurate with the amount and usability of the improved common area. The area must be permanently posted with a sign reading, “This common area is available for use by the public.” E. If the PUD plan proposes landscaping or buffering that exceeds the WDO minimum standards by at least 25 percent, the Commission may allow up to an additional 20 percent of the density to be transferred, commensurate with the amount, quality, and variety of the enhanced landscaping or buffering. F. If the PUD plan proposes stormwater mitigation measures that exceed minimum City standards by at least 25 percent, the Commission may allow up to an additional 10 percent of the density to be transferred, upon a recommendation by the Public Works Department. G. If the PUD plan proposes other environmental, sustainability, or architectural enhancements, the Commission may allow up to an additional 10 percent of the density to be transferred, commensurate with the amount, quality, and community benefit of the enhancements. Such enhancements may include, but are not limited to, solar heating or electrical generation, community gardens, public art, mitigation of off-site stormwater, and greywater diversion. 61 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 20 of 56 The applicant’s narrative skips this section except for subsection A, stating, “The Marion Pointe Residential PUD does not plan the transfer of density as part of the project. These criteria do not apply.” Not applicable. 3.09.04 Conceptual Development Plan A. PUDs require both a Conceptual Development Plan and a Detailed Development Plan. These reviews may be accomplished sequentially or as a consolidated review, at the applicant’s discretion. B. A Conceptual Development Plan shall include drawings and a narrative describing the surrounding neighborhood, existing site conditions, general development areas, phasing, land uses, building envelopes, architectural theme, landscaping and buffering, streets, bicycle and pedestrian circulation, common areas, utility locations, sign theme, and other information the Director may deem necessary to convey the concept plan. The application materials indicate that the applicant seeks Conceptual Development Plan approval. The provisions are met. 3.09.05 Detailed Development Plan A. PUDs require both a Conceptual Development Plan and a Detailed Development Plan. These reviews may be accomplished sequentially or as a consolidated review, at the applicant’s discretion. B. No building, grading, access, or other development permit may be issued until a Detailed Development Plan has been approved for at least one phase of the project. C. Buildings shown on a Detailed Development Plan are exempt from Design Review if they are in substantial conformity to the Detailed Development Plan (see Section 3.07.01.B). D. A Detailed Development Plan shall include drawings and a narrative sufficient to demonstrate compliance with the Conceptual Development Plan and any conditions of approval previously imposed. A Detailed Development Plan shall provide specific information regarding the site layout, architecture, and proposed amenities. A Detailed Development Plan that proposes land uses not in the Conceptual Development Plan or that deviates by more than ten percent from any development standard in the Conceptual Development Plan for any phase, or that does not meet the standards of this Section shall not be approved. The applicant may request that the decision-maker approve such a plan as an amended Conceptual Development Plan. The application materials indicate that the applicant seeks both PUD Conceptual Development Plan and Detailed Development Plan (DDP) approvals. Staff applies a PUD condition, similar to as was done for the Smith Creek PUD (ANX 2017-05), to conform to 5.01.07, the purpose of which is to ensure that the PUD is in substantial conformance with the conditions of the DDP approval. Staff applies a PUD condition for PUD Final Plan Approval process. 62 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 21 of 56 3.09.06 Development Standards A PUD is intended to allow flexibility in the development standards of Sections 2.02 through 2.04 and 3.01 through 3.10. The Detailed Development Plan may propose modified standards without a separate Variance. Any standard that is not proposed for modification shall apply to the PUD. The development standards stated below shall not be modified through the PUD process. A. Common area and density shall comply with Table 3.09A. Common Area and Density Standards for Planned Unit Developments Table 3.09A Transfer of Density Residential Mixed-Use Common Area, Minimum Four or fewer dwelling units All undevelopable site area Five or more dwelling units, or nonresidential uses 30 percent of gross site area, including all undevelopable site area 1 Improved Common Area, Minimum Four or fewer dwelling units None Five or more dwelling units 100 square feet per dwelling unit Nonresidential uses None None None Residential Density, Minimum (units per net acre) Pursuant to the Comprehensive Plan2 Residential Density, Maximum (units per net acre) Not specified 4 1. At least one common area shall be sized to accommodate a circle 25 feet in diameter. 2. In residential zones only. There is no minimum for non-residential zones. 3. Child care facility for 13 or more children, group home for six or more persons. 4. The maximum density is determined by setbacks, off-street parking, open space, and other requirements. Pursuant to Comprehensive Plan Policy Table 1, Note allowable densities may be increased through PUD above the maximum(s) of the base zone(s). First, before applying standards from the table, definitions from 1.02 are in order:  “Common area”: Not defined.  “Improved common area”: Not defined. However, the next section beyond Table 3.09A, which is 3.09.06B, states that, “Common areas are deemed improved if they are provided with benches, playground equipment, gazebos, picnic facilities, or similar amenities. Lawn area by itself does not constitute improvement. Trails or paths do not constitute improvement, unless they connect to the public trail system. Common meeting or recreation rooms are deemed to be improved common areas.” 63 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 22 of 56  “Open space, common”: “An area, feature, building or other facility within a development which has been dedicated in common to the ownership within the development, or to the public, specifically for the purpose of providing places for recreation, conservation or landscaping, and which is intended for the use of the residents and property owners of the development.”  “Open space, usable common”: “Common open space, the use of which conforms with use and development guidelines specified by the Woodburn Development Ordinance.” It appears that through the table, “common area” describes the same as “open space, common”. “Improved common area” could mean the same as “open space, usable common”, except that the definition is vague and refers to WDO guidelines and specifications that simply don’t exist except for 3.09.06B, so the description in 3.09.06B stands. Staff concludes that the City through PUD can define the details of what “improved common area” and “similar amenities” mean as standards and require that they be met. Staff concluded the same and acted accordingly for the Smith Creek Development (ANX 2017-05), for example. Second, looking at the applicable standards from the table, they are as follows: Common Area, Minimum: Five or more dwelling units, or nonresidential uses 30 percent of gross site area, including all undevelopable site area1 1At least one common area shall be sized to accommodate a circle 25 feet in diameter. 30.0% of the subdivision gross area is (18.58 acres x 0.3) =5.57 acres The applicant proposes 30% with common area tracts totaling 1.90 acres (10.2% among the 30%) and part of the existing golf course crediting towards the remaining 3.67 acres (19.8% among the 30%) Looking at the 30% common area as a base of 100%, the tracts are 34.1%, and part of the existing golf course credits towards 65.9% of the remaining common area standard. In other words, the vast share of the 30% PUD common area is golf course. Improved Common Area, Minimum: Five or more dwelling units 100 square feet per dwelling unit The next section beyond Table 3.09A, which is 3.09.06B, defines improved common area. 64 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 23 of 56 What the applicant proposes on land use review revised Sheets P-31 to P-36 is improved common area, and a PUD condition or conditions recognize or expand these improvements. Residential Density, Maximum (units per net acre) Pursuant to the Comprehensive Plan2 2In residential zones only. There is no minimum for non- residential zones. Through Policy Table 1 starting on plan p. 7, the table has a footnote stating, “Note: … Allowable densities may be increased through the discretionary planned unit development review process.” The proposal does so and proposes at least 7.1 dwelling units (DUs) per net acre. The conditioned development standards acknowledge such. Residential Density, Maximum (units per net acre) Not specified4 4The maximum density is determined by setbacks, off- street parking, open space, and other requirements. Pursuant to Comprehensive Plan Policy Table 1, Note allowable densities may be increased through PUD above the maximum(s) of the base zone(s). The applicant’s narrative (submitted 4/21/2022, p. 33) states that the average lot size of the 87 house lots of Trillium Reserve is 5,920 sq ft. The resulting density is (43,560 / 5,920) = 7.4 houses (DUs) per net acre. Additionally, Oregon House Bill (HB) 2001 (2019) and OAR 660- 046 took effect that require most cities including Woodburn to allow “middle housing” – duplexes, triplexes, quadplexes, cottage clusters, and townhouses – as follows: All middle housing types in areas zoned for residential use that allow for the development of detached single-family dwellings; and A duplex on each lot or parcel zoned for residential use that allows for the development 65 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 24 of 56 of detached single-family dwellings. The max densities are as follows: • 7.4 DUs per net acre for the proposed 90 houses on 90 lots; and • 46.1 DUs per net acre for the 90 lots to allow a theoretical maximum of four dwellings per lot composed of a combination of houses and middle housing. Note: Accessory dwelling units (ADUs) don’t count against max density, and the bulleted maximums exclude the golf course territory. In service of substantial conformance and out of caution, a PUD condition establishes as a development standard min density as a little less than what’s proposed, and higher than 7.0, the min density necessary as a city planning rule of thumb to make bus service viable at a frequency of at least once every 30 minutes. Lastly, here staff addresses development standards in lieu of addressing them in the Subdivision Preliminary Approval Provisions section: A PUD condition establishes development standards, each on either modified by PUD or as in the WDO. Because the standards accommodate the proposed subdivision, the proposed subdivision meets them. The provisions are met. B. Improved Common Area 1. Common areas are deemed improved if they are provided with benches, playground equipment, gazebos, picnic facilities, or similar amenities. Lawn area by itself does not constitute improvement. Trails or paths do not constitute improvement, unless they connect to the public trail system. 2. Common meeting or recreation rooms are deemed to be improved common areas. 66 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 25 of 56 3. Improved common areas are subject to the performance guarantee provisions of Section 4.02.08. Staff addressed this through 3.09.06A above. C. Streets 1. A PUD shall conform to and, where possible, enhance existing or planned vehicle, pedestrian and bicycle networks, including connections and functionality. Note: See Figures 7-1 (Functional Classification Designations), 7-3 (Pedestrian Plan), and 7-4 (Bicycle Plan) of the Transportation System Plan. 2. All streets shall be public. 3. Boundary and connecting streets shall use the street sections of Section 3.01.04. 4. Internal streets may use the street sections of Section 3.01.04, or the PUD may propose other street sections, provided that the streets: a. conform to the Oregon Fire Code (see Figures 3.04C and 3.04D) b. include sidewalks, and c. are constructed to the specifications of the Public Works Department. D. Parking If a front setback of less than 20 feet is proposed, the requirement of Section 3.05.03 for an improved parking pad for single-family and duplex dwellings may be satisfied by on-street parking or by a common off-street parking lot. E. Signs 1. A PUD may include a sign plan to require a common architectural design and location. 2. The standards of the Mixed Use Village (MUV) zone shall apply to commercial uses in the residential zones of a Mixed-Use PUD. The street improvements as proposed or conditioned meet or exceed 3.01, including Figures 3.01A, C, & G: 67 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 26 of 56 Figure 3.01A – Internal, Boundary, and Connecting Streets Top: Figure 3.01C – Minor Arterial (This applies to N. Boones Ferry Road.) Bottom: Figure 3.01G – Local Residential Street with Parking Both Sides, 60 Foot Right-of-Way (This applies to remaining streets.) Street improvements include wider sidewalks to encouraging walking and accommodate cyclists who feel safer on sidewalk. Staff applies a PUD condition to specify street improvements. 3.09.09 Owners/Tenants Association Any land and structures not dedicated to the public, but reserved for the common use of the owners or tenants, shall be subject to control by an association of owners or tenants. Staff applies a PUD condition to ensure conformance. 3.09.10 Phasing A. A PUD may be developed in phases, pursuant to Section 5.03.05. 68 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 27 of 56 B. Phases shall be functionally self-contained with regard to access, parking, utilities, open spaces, and similar physical features, and capable of occupancy, operation, and maintenance upon completion. C. The phased provision of common areas and improvements shall be roughly proportional to the development of housing and other elements intended for private ownership. D. At least one improved common area sized to accommodate a circle 25 feet in diameter shall be provided with the first phase. There’s no phasing. Not applicable. [Other] ORS 92.040(3) sets a 10-year expiration on development approvals in order to help with the issue of entitlement “vesting”. It also local governments to set shorter periods, and staff opts to do so in case the project begins to manifest during the 3-year land use approval window but slows down or stops afterwards. Condition SUB-1 sets an ultimate deadline. As an example, were another recession like the Great Recession to occur and lead to a “zombie” project, it would be clear when an apparently dormant project was dead. Staff applies a SUB condition to clarify the issue of “vesting”. A geotechnical or “geotech” report is necessary for subdivision improvements. It became necessary for Smith Creek Development building permits, and the master developer happened to have prepared one in keeping with private agreements with homebuilders and so was able to submit it on short notice. Thankfully, the report document no field conditions that needed correction. The Building Official thought Public Works handled Geotech reports, and this item isn’t a WDO requirement or a Planning Division policy item. So, staff established a condition that gets the developer to submit a copy prior to the City accepting subdivision improvements. Staff applies a SUB condition regarding a geotech report. PUD per the opening purpose statement of 3.09 refers to “enhanced public amenities”, which along with annexation as interpreted by staff includes upgrades to public works. The Public Works Department asked for what became Condition PUD-PW to reinforce related items with the Public Works comments that are Attachment 102A. Staff mentions annexation again because public facilities, a.k.a. public works, with adequate capacity are an annexation criterion. 69 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 28 of 56 Staff applies Condition PUD-PW supporting Public Works Department desires regarding stormwater management. PUD per the opening purpose statement of 3.09 refers to both “enhanced public amenities” and “unique street cross-sections”, which staff interprets to include what it considers “upgrades” such as wider sidewalk segments, more street trees, traffic calming in the form of patterned poured concrete crosswalks as subtle visual reinforcement for drivers, and public works as civic art, e.g. more than simply functional sides of the Olympic Street bridge over the tributary of Mill Creek. Staff also accommodates some of the developer’s desires, such as to have Tract D in place of an improved street stub, while conditioning a public street easement that secures to the City the right to have a street constructed (by someone other than the present developer). There are also conditions about tree preservation (or fee in-lieu). Staff also notes for the developer, PUD is a tool for getting more lots and more houses than a standard subdivision in order to get greater profit. In exchange, the City gets enhanced public amenities. For example, staff interprets enhanced public amenities to include through easement public access to common area off-street bicycle/pedestrian paths. Another example is improved park land. Staff applies PUD conditions requiring street improvements that meet or exceed the WDO or provide an enhanced public amenity in exchange for meeting a street standard. “Enhanced public amenities” includes common area and “off-street” improvements. Examples are to preserve trees outside ROW, specifying how to apply and remediate the RCWOD, and specifying common area improvements. Staff accommodates some of the developer’s desires by requiring common area improvements that are basically the same as what the developer proposed after many discussions with staff, the purpose being to have standards that remain clear to all heading into the final plat stage. Conditions also gain variety in trees, getting more evergreens, establishes a table of standards for off-street bicycle/pedestrian paths, and establishes a table of standards for public easements to secure public access to off-street bicycle/pedestrian paths and allow for future mid-block public utility corridors where and as needed. 70 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 29 of 56 Because all proposed common areas are just that – private, not any City/public parkland to be dedicated – there is a condition reiterating that there needs to be maintenance association per WDO 3.09.09. Dove Landing PUD Park Land Improvement Funding As examined in the table above, the developer proposes that the existing golf course meet most of the PUD 30% common area / open space requirement: “30.0% of the subdivision gross area is (18.58 acres x 0.3) =5.57 acres The applicant proposes 30% with common area tracts totaling 1.90 acres (10.2% among the 30%) and part of the existing golf course crediting towards the remaining 3.67 acres (19.8% among the 30%) Looking at the 30% common area as a base of 100%, the tracts are 34.1%, and part of the existing golf course credits towards 65.9% of the remaining common area standard. In other words, the vast share of the 30% PUD common area is golf course.” The developer proposes no public parkland. Across Boones Ferry Road to the west is entitled ANX 2020-03 Dove Landing PUD. By conditioning, that developer is dedicating two tracts totaling 8.31 acres of park land and improving it to a degree. Based on input from City officials including the Assistant City Administrator (the de facto parks and recreation director), and premised on improved park land being an “enhanced public amenity” as the 3.09 purpose statement references, a simple way for Mario Pointe PUD to provide “enhanced public amenity” regarding open space is to pay money towards the large amount of park land next door in Dove Landing, this park land being of benefit not only to Dove Landing and Marion Pointe future residents, but also the public. Fee payment involves no Marion Pointe site plan disruption, acknowledges the spatial constraint on Marion Pointe from providing more and public open space because of the existing golf course and the RCWOD, and involves no construction or contractor logistics with which the developer would have to deal. Staff applies a PUD condition requiring the developer to pay a fee to the City towards improvement of the park land within the Dove Landing PUD. Lastly, there is a condition reiterating that there needs to be PUD “Final Plan Approval” per WDO 5.01.07 so that outstanding details are deferred after land use approval, allowing the 71 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 30 of 56 developer to proceed, but also securing between the developer and the City resolution of details before final plat approval by the City. Staff applies PUD conditions requiring common area improvements and public access to some improvements. Relating to annexation and more so PUD, a number of transportation conditions call out modest transportation improvements (or fees in-lieu where conditions of approval allow), all from the Transportation System Plan (TSP):  Funding a signal timing study or studies. A factor is that much traffic passes through the already highly trafficked intersection of N. Boones Ferry Road and Oregon Highway 214 (OR 214) to and from I-5 (Portland and Salem metros). The development being all houses, it would attract households with commuters to and from those metro areas. The developer proposes no traffic mitigation or transportation demand management (TDM), and staff anticipates Planning Commission and City Council to seek the developer doing something about traffic. TSP signal timing study Projects R8, R9, & R11 are readily identifiable and might identify a way to deal with traffic that wouldn’t’ require construction. They also cost less than a conventional road widening or traffic signal installation. Lastly, with ANX 2020-03 Dove Landing also in review and across the street from the subject development, Trillium Reserve, the condition requires Trillium Reserve to pay a small fraction – 35.2% as a proportionate share of the total cost of the three studies, the idea being that the City Council would approve with conditions both developments and that Dove Landing would be conditioned to pay the remaining 64.8% share, thereby completing the funding of the three signal timing studies. (See below the Remaining Provisions section, under 3.04.05, to the Tables T-A1-1 & 2 for detail about how staff determined the shares based on number of houses.)  Wayfinding signage for people walking and cycling. The basic objective is that if people perceive they can walk and cycle more easily and safely, they’ll do so and drive less. This includes being able to see wayfinding signage 72 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 31 of 56 to quell concerns they might have like, “Is that public?”, “Can my kids go there?”, and “Can I get to Boones Ferry from here?” Based on input from the Assistant City Administrator (the de facto parks and recreation director) about what a wayfinding installation would cost, staff discussions about conditioning of ANX 2019-01 Woodburn Eastside Apartments, and ANX 2019-01 Condition T-BP4, staff applies the set figure of $1,500 per installation location.  A bus shelter. The basic objective is that if people perceive they can wait to ride the bus in greater comfort, they’ll do so and drive less. PUD per the opening purpose statement of 3.09 refers to “enhanced public amenities”, which along with annexation as interpreted by staff includes upgrades to public works. Public facilities, a.k.a. public works, with adequate capacity are an annexation criterion. Both annexation and PUD support the City requiring a bus shelter or fee in-lieu. The fee in-lieu option is practical accommodation of the fact that the City is yet to expand its transit system beyond city limits into the outer urban growth boundary (UGB) area as territory is annexed and developed. However, where development expands, transit generally will follow. Getting a shelter or fee in-lieu now allows the Assistant City Administrator (the de facto transit director) to use an installed shelter or pay to install one when the City extends bus service. This is an enhanced public amenity. Also, a basis is the Transit Plan Update (November 8, 2010): 73 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 32 of 56 Specifically, TPU Project 9 “Install New Bus Shelters” on p. 10-11, which states, “"Safe and comfortable passenger amenities are an important element of any successful transit service. As such, bus shelters are recommended and indicates a City bus shelter cost $10,000 – in 2010 dollars, which equates to about $12,000 in present dollars. (Note: a separate condition requires a public easement accommodating placement on Tract A along N. Boones Ferry Road of the required shelter. This accommodates later decision by the Assistant City Administrator to install a shelter in the region of the development and identifies a tract along and visible from the major road next to and that serves the development. Clearing a default and readily identifiable space for a shelter enables the enhanced public amenity of a bus shelter.)  Bus stop bicycle parking. 74 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 33 of 56 The basic objective is that if people perceive they can walk and cycle more easily and safely as well as wait to ride the bus in greater comfort and without having to mount their bicycles, they’ll do so and drive less. Bike parking also is inexpensive. There’s a bus stop bike parking fee in-lieu option based on the table below: Table TSP-18. TSP Project 18 Description TSP Cost Estimate Method Evaluate all bus stops to verify static bus route information signage is visible and accessible and that bike racks are available at major bus stops $25,000 50 existing bus stops are WTS stops. Of these, the Woodburn Memorial Transit 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 two bus stops, a new one that could be along or on Tract A and the existing nearest one south of the development along N. Boones Ferry Road, both for which no bike parking exists. 2 stops x $510.20 = $1,020.40 total. Another factor for staff for all the above bulleted items that are in the TSP is that they reflect the Council’s legislative intent for transportation citywide and that the developer constructing them manifests them sooner than if the City managed them as projects. P36 would be less expensive to construct by private labor than the 2019 cost estimate based on City construction at public wages. Projects R8, R9, R11, & P36 would benefit residents traveling between the development and both I-5 and Woodburn H.S. The wayfinding and transit improvements per Conditions T-BP2, T-T2, & T-T3 serve to provide public facilities to preserve adequate encouragement to walk and cycle more and the ability of the City to extend a bus transit route or routes adequately with signage, a shelter, and bike parking that encourages walking and cycling to the bus. Staff concludes by nothing that together Trillium Reserve and Dove Landing all but constitute the north area within the UGB, and it is necessary with development to obtain infrastructure concurrent with development of the north UGB. Staff applies transportation conditions requiring the construction or funding of transportation improvements. 75 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 34 of 56 Remaining Provisions These are applicable provisions not already addressed in the application type provisions sections above. 4.01.07 Consolidated Applications An applicant may request, in writing, to consolidate applications needed for a single development project. Under a consolidated review, all applications shall be processed following the procedures applicable for the highest type decision requested. It is the express policy of the City that development review not be segmented into discrete parts in a manner that precludes a comprehensive review of the entire development and its cumulative impacts. The proposal is consolidated. 2.07 Special Uses There is no “community club building” (clubhouse). None apply. 3.01 Streets 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: 76 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 35 of 56 TSP Figure 6 There are two blue arrows, one each to N. Boones Ferry Road and one from the dead-end of Olympic Way. The two connections – the proposed extension of Olympic Street to N. Boones Ferry Road (as Magnolia Avenue) and the extension of Owl Avenue east from Dove Landing PUD across Boones Ferry Road – conform to Figure 6. 3.02 Utilities & Easements 3.02.01 A. The Director shall require dedication of specific easements for the construction and maintenance of municipal water, sewerage and storm drainage facilities located on private property. B. A five-foot wide public utility easement shall be dedicated along each lot line abutting a public street. C. As a condition of approval for development, including property line adjustments, partitions, subdivisions, design reviews, or Planned Unit Developments (PUDs), the Director may require dedication of public utility easements. Planning staff expects the Public Works Department during the final plat stage to ensure that the developer dedicates the minimum streetside PUEs, and the preliminary subdivision drawings indicate conformance with 3.02.01B. Regarding 3.02.01A & C, staff applies a PUD condition for additional public easements for public bicycle/pedestrian access and potential mid-block utility corridors. 77 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 36 of 56 3.04 Vehicular Access 3.04.03 Driveway Guidelines and Standards B. Joint Access 3. Every joint driveway or access between separate lots shall be established by an access easement and maintenance agreement to the satisfaction of the Director and revocable only with the concurrence of the Director. Staff applies a PUD condition ensuring the subdivision plat will provide for flag lot pole access easements to lessen curb curbs and thereby preserve more room for on-street parking and street trees. 3.04.05 Traffic Impact Analysis A. A Traffic Impact Analysis (TIA) may be required by the Director prior to the approval of a City access permit when the Director estimates a development proposal may generate either 100 or more additional, peak hour trips, or 1,000 or more additional daily trips, within ten years of a development application. The applicant submitted two exhibits as a TIA: the original TIA (February 11, 2022) and an updated TIA (application materials Exhibit G, April 15, 2022). The TIA studied 8 intersections, the northernmost being N. Boones Ferry Road at Crosby Road and the southernmost Boones Ferry Road at Oregon Highway 214 (OR 214) / Newberg Highway. The traffic modeling distributed 40% of trips generated by development to north of the development (to and past Crosby Road) and 60% to the south. The TIA identified no vehicle trip reduction or transportation demand management (TDM) measures. Below is an image serving as a vicinity map of the intersections: 78 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 37 of 56 TIA intersection locations map adapted from exhibits As of June 14, 2022, no agency including ODOT responded to notice of hearing with any written comment. Boones Ferry Road & OR 214  The one studied intersection north of the project is outside the urban growth boundary (UGB).  South of the project, BFR & OR 214 is heavily trafficked at peak hours.  Of the studied intersections, the trips that the project would add show that BFR & OR 214 is the most trafficked.  Staff supposes that most of the generated trips are to and from I-5 (Portland and Salem), the back way to Salem along S. Settlemier Avenue and S. Boones Ferry Road and outer rural roads southwest of Woodburn, and central Woodburn.  The intersection includes a state highway under ODOT control (OR 214).  There are no specific plans in any foreseeable time horizon by ODOT to make major physical changes to the intersection or highway.  It thus seems that the best thing to do is collect money for some kind of transportation improvement somewhere under City control that benefits travel through the intersection, whether directly or indirectly. This leads to Condition T-A1. 79 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 38 of 56 Automotive Looking to specific TSP projects, Condition T-A gets money to study the highway. Specifically, Transportation System Plan (TSP) Projects R8, R9, & R11 relate to traffic signal timing on three highway intersections east of I-5. (The City already conditioned DR 2019-05 Allison Way Apartments with funding R10.) This condition has a proportionate fair share based on the following logic that these two tables show: Table T-A-1 Case file no. Development Name Dwelling Units Percentage ANX 22-02 Marion Pointe 87* 35.2% ANX 2020-03 Dove Landing 166 64.8% tot. 253* 100.0% *The proportionate share ratios were determined when the proposal was ANX 2020-01 Trillium Reserve with 90 dwellings and the total of both developments was 256, and ANX 2020-03 is entitled and conditioned at the 64.8% payment based on these earlier, higher numbers. For simplicity, staff is keeping the remaining 35.2% and applying it to Marion Pointe though 87 lots so that the total remains 100%. Staff notes that together Marion Pointe and Dove Landing all but constitute the north area within the UGB. Table T-A-2 TSP Project No. Cost Estimate Proportionate Shares Marion Pointe Dove Landing R8 $15,000 R9 $15,000 R11 $15,000 tot. $45,000: 35.2% 64.8% $15,840 $29,160 Staff applies Condition T-A. Bicycle/Pedestrian & Transit In the interest of PUD per the purpose statement that opens 3.09 of providing enhanced public amenities, below are comprehensive plan policies that relate to infrastructure upgrades, enhanced public amenities, and improved traveling for those who walk, cycle, and ride transit. 80 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 39 of 56 Policy Page No. What Related Conditions Address G-1.1 27 Expansion areas of the City are served by adequate public facilities and services. H-1.1 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 add a bus shelter and bus stop bicycle parking. H-1.3 34 Develop a low stress network of bicycle lanes and routes that link major activity centers such as residential neighborhoods, schools, parks, commercial areas and employment centers. Identify off-street facilities in City greenway and park areas. Ensure all new or improved collector and arterial streets are constructed with bicycle lanes – specifically duly requiring frontage/street improvements and also conditioning wide sidewalk segments as a public bicycle/pedestrian path and planter strip segments that are wider and/or have more street trees than standard. The subdivision connection path through Tract C also serves. H-1.4 34 Develop a comprehensive network of sidewalks and off-street pathways. Identify key connections to improve pedestrian mobility within neighborhoods and link residential areas to schools, parks, places of employment and commercial areas. Ensure all new collector and arterial streets are constructed with sidewalks. Specifically, to do so by duly requiring frontage/street improvements, conditioning wide sidewalk segments as a public bicycle/pedestrian path and planter strip segments that are wider and/or have more street trees than standard, having the proposed Tract C subdivision connection path, and having some common area bike parking. These are all to raise the attractiveness, ease, safety, and potential cyclists’ perception of safety of cycling. H-1.5 34 Maintain adequate intersection and roadway capacity on the key east-west and norths south arterials, in this case OR 214 through Condition T-A1. H-3.2 35 Implement strategies to address pedestrian and bicycle safety issues, specifically for travel to and from local schools, commercial areas, and major activity centers – through Conditions T-BP1 (the part about Project P36) & T-BP2. H-5.1 35 Implement, where appropriate, a range of potential Transportation Demand Management (TDM) strategies that can be used to improve the efficiency of the transportation system by shifting single-occupant vehicle trips to other models and reducing automobile reliance at times of peak traffic volumes – specifically through Conditions T-BP1, T-BP2, T-T2, & T-T3. 81 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 40 of 56 For these transportation reasons and based on the PUD, staff applies bicycle/pedestrian (T-B/P) conditions. Additional Issues: Transit Presently, the Woodburn Transit System (WTS) bus loops through east, central, and west Woodburn, but is yet to reach into the north UGB area: TSP Figure 7 (2019) Neither do Salem-Keizer Cherriots nor Canby Area Transit (CAT) serve it. Staff discussed conditioning fees towards local and regional bus service and vanpooling, similar as for DR 2019- 05 Allison Way Apartments (Condition T-T) and ANX 2019-01 Woodburn Eastside Apartments (recommended Condition T-T1). The Assistant City Administrator declined to support such for Trillium Reserve. Conditions T-T2 & T-T3 require a bus shelter or fee in-lieu and bicycle parking at two bus stops or fee(s) in-lieu. As a concluding summary, City objectives are for the development to contribute towards the objectives of:  Increasing walking and cycling appeal and safety  Bus shelter installation or purchase  Installation of bicycle parking where bus stops lack it, and  Dealing with traffic along OR 214 near I-5. 82 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 41 of 56 To address transportation problems, staff applies transportation conditions. 3.06 Landscaping 3.06.02 General Requirements Staff expects the development to meet this section except where otherwise conditioned and will confirm such during PUD Final Plan Approval process. The requirement is met. 3.06.03 Landscaping Standards A. Street Trees The applicant proposes street trees that appear to meet the provisions. To secure a higher minimum amount of street trees, staff applies a PUD condition. Staff expects the development to meet the remainder of 3.06 except where otherwise conditioned. 3.06.05 Significant Trees on Private Property There are two Significant Trees that are healthy and structurally sound enough and appear feasible to save, as well as a number of additional mature trees in a row along the road. However, the application materials including an Exhibit M arborist memo dated February 11, 2022 make a plausible case that removal of Tree 12610 (a 64-inch diameter Douglas-fir), as well as a grove of trees (Douglas-firs of 6-18 inches diameter) along the Boones Ferry Road east side near the NE corner of the road and Hazelnut Drive, are inevitable to construct Boones Ferry Road east half-street improvements, and for Significant Tree 13296 near the rear lot line of Lot 65, an arborist can and will advise at the time of lot site planning and building of a dwelling about preservation before staff confirms whether this tree must remain or the developer can remove. Staff applies conditions that allow for removal with fee in lieu of preservation to fund tree plantings elsewhere in town. To secure tree preservation or fee in-lieu, staff applies a PUD condition. 83 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 42 of 56 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. By and 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 by the Building Division. G2. The applicant or successors and assigns shall develop the property in substantial conformance with the final plans submitted and approved with these applications, except as modified by these conditions of approval. Were the applicant to revise plans other than to meet conditions of approval or meet building code, even if Planning Division staff does not notice and signs off on building permit issuance, Division staff retains the right to obtain restoration of improvements as shown on an earlier land use review plan set in service of substantial conformance. G3. References: Attachment 201 serves as a dictionary or glossary defining certain abbreviations, acronyms, phrases, terms, and words in the context of the conditions of approval. The 200 series of attachments are as binding as the conditions of approval in the main body of the final decision. G4. Due dates / public improvements: a. When public street improvements, and any fees in lieu of public improvements, are due shall be per WDO 3.01.02 and 4.02.12 through Ordinance No. 2603 (LA 21-02) unless if and where a condition of approval has more restrictive timing. b. Where changes to street addresses are necessary, the developer shall apply through the Planning Division for and obtain approval of an Address Assignment Request. This is due prior to building permit application, and if property line adjustment or lot consolidation were to become relevant, then also after recordation with County. G5. Recordation due dates: The applicant shall apply to the County for recordations of items that the City requires no later than six 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. G6. Fees: The developer shall pay fees per Attachment 205, and fees in-lieu shall be per WDO 4.02.12 through Ordinance No. 2603 (LA 21-02) adopted June 13, 2022. 84 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 43 of 56 G7. Demolition: Because the City through the Building Division now requires demolition permits, upon annexation and before beginning to demolish buildings or structures or demolishing more of them, consult the Permit Technician and apply for and obtain a permit or permits as applicable. G8. WDO version: Upon annexation, conformance to the Woodburn Development Ordinance (WDO) and conditions of approval references to the WDO shall be to the WDO as amended by Ordinance No. 2603 (Legislative Amendment LA 21-02) adopted June 13, 2022. G-PW. Public Works: Follow the appended PW comments (June 16, 2022); Attachment 102A). 85 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 44 of 56 Preliminary Subdivision 22-03 SUB-1. Expiration: Based on ORS 92.040(3), development per the Council land use final decision may continue 3 years past the decision date, the 3-year approval period being established by WDO 4.02.04 through Ordinance No. 2603 (LA 21-02) adopted June 13, 2022, and as follows: a. Final Plat: The developer shall apply to the City prior to applying to Marion County for recordation. Owl extending east across BFR from Dove Landing PUD to Nightingale shall continue its name. b. Recordation with Marion County: Same as WDO 5.01.06C.1. (within 30 calendar days of the Director’s signature on the plat Mylar). c. Vesting: The decision is vested unless: The developer fails to meet subdivision and PUD requirements, resulting in the City being unable to authorize staff to sign a final plat Mylar by July 1, 2027; or There is no substantial construction – as defined in 1.02 through Ordinance No. 2603 (LA 21-02) – by July 1, 2032. SUB-2. Documents: a. Geotech report: Prior to final plat approval by the City, the developer shall submit to the Director a geotechnical report documenting that, whether or not the developer spreads any fill or spoil dirt across lots and tracts, soil is compacted and ready to accommodate the construction of buildings on lots and tracts proposed for development. b. Easements: WDO 2.01.05A through Ordinance No. 2603 (LA 21-02) adopted June 13, 2022 shall be applicable, and follow Attachments 102A (Public Works) and 203, Part D. c. Plat: Upon recordation, the developer shall submit to PW and cc the Director copies of recorded documents per WDO 2.01.05 through Ordinance No. 2603 (LA 21-02) adopted June 13, 2022. 86 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 45 of 56 Planned Unit Development 22-02 PUD-PW. Stormwater management: Prior to civil engineering plan approval through CEP review, the applicant shall provide an Engineer Stamped Storm Drainage Hydraulic Analysis Report that existing private storm drainage systems have capacity to handle the additional flow from the Marion Pointe and ANX 2020-03 Dove Landing Planned Unit Developments (PUDs), and that the culvert/pipe under Olympic Street has capacity to handle a 100 year base flood event, and to provide a final 100 year floodway, floodplain, and wetland delineation for this development. The applicant is responsible for correcting any capacity deficiencies, including installing new or additional drainage systems, and/or attaining the right to increase stormwater flows into neighboring private stormwater systems. PUD-1. Mods: The City approves PUD modifications only as written in conditions of approval and the 200 series of attachments, particularly Attachment 202. Other modifications that site plans imply are subject to later administrative approval or denial by the Director. PUD-2. a. ROWs: For BFR and the proposed local class streets, the developer shall dedicate ROWs that meet or exceed the min widths necessary to conform to WDO Figures 3.01C & G. b. PUEs: The developer shall grant streetside PUEs that meet or exceed the min width and do not exceed the max per WDO 3.02.01 through Ordinance No. 2603 (LA 21-02) adopted June 13, 2022. PUD-3. Frontage/street improvements: These shall be as follows: a. BFR: Per WDO Fig. 3.01C except that planter strip shall be min 6½ ft wide inc. curb width. b. Olympic: Bridge or culvert crossing over Mill Creek tributary: Per WDO 3.01.03H through Ordinance No. 2603 (LA 21-02) adopted June 13, 2022, and: Elevation: Shall be such that the travel way and parking lanes wouldn’t flood during the 100-year flood. Sidewalks: min width 9 ft inc. curbing. Fencing/railings: Permissible colors are blue, bronze, brown, green, teal, metal, and rust color. (Black prohibited.) Design details are deferred to PUD Final Plan Approval process; refer to Condition PUD-11. 87 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 46 of 56 c. Tract D: The developer shall grant to the City over the entire tract a public street easement. The easement shall allow for all purposes permitted by what would have been ROW dedication including construction of street improvements. One or more legal instruments that dedicates the easement shall contain text that the easement is revocable only with the written concurrence of both the Community Development Director and Public Works Director and by City Council action. (The objective is to have maintenance responsibility remain with a party other than the City.) d. Hazelnut: Per WDO Fig. 3.01G, except that the territory contiguous with Tax Lots 051W06DC00201 & 300, which is occupied by Hazelnut, shall be dedicated to the City as ROW. (Note: To not meet this condition part would require modification of condition [MOC] application and approval per WDO 4.02.07.) e. Planter strip remainder: Landscape the remainder area – the area remaining after street tree plantings – per WDO 3.01.04B through Ordinance No. 2603 (LA 21-02) adopted June 13, 2022. f. Sidewalks: Min 6 ft wide except wider as Exhibit PUD-3f supersedes. BFR sidewalk southerly and two northerly dead-ends shall have ADA-compliant transitions spanning between sidewalk and road shoulder as the applicable public works authority specifies. The segment extending north from Hazelnut sidewalk may meander, including PUE overlap, and taper to 6 ft through RPZs to save most of the loose row of trees along the road. Exhibit PUD-3f: Site Plan Sheet P-26 Sidewalks (blue: min 8 ft wide); see Attachment 103 for full size 88 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 47 of 56 g. Overlap: The extra width of planter strip and sidewalk shall either overlap outside ROW into streetside PUE and come with a recorded legal instrument granting public access to the overlap to the satisfaction of the Public Works Director, or come with additional ROW to accommodate them. Wider sidewalks shall not narrow planter strips. h. Street trees: Min numbers equal to block frontage ratios per Exhibit PUD-3h: Exhibit PUD-3h: Site Plan Sheet P-31 Street Tree Min No. (green: equal to 1 tree per 30 ft of block frontage) Along Magnolia, revise street trees from Capital pear to Magnolia grandiflora “Victoria” cultivar. Fee in-lieu shall be per Attachment 205. Landscape strips and street trees shall conform to WDO 3.01.04B (landscaping, irrigation) and 3.06.03A.3 (root barriers) through Ordinance 2603. i. Electric power lines: Electric power lines, whether in or beyond ROW, shall be buried. j. Traffic calming: A min number of pedestrian crossings along intersection legs shall be patterned poured concrete each min 8 ft wide: Magnolia & Nightingale, 3 legs: N/NE, E/SE, & S/SW; and Magnolia & Olympic: 2-3 legs: S/SW & whichever one or both of the E/SE or W/NW legs that would have a curb ramp along the top of the of the T-intersection. PUD-4. Streets, dead-end: Barricades/Signage: Based on WDO 3.01.05A.2b & c, the developer shall place: 89 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 48 of 56 a. A barricade with sign at the south end of Nightingale; and b. A barricade at each of the north end of Nightingale the east end of Magnolia. Consult PW for a barricade detail, and no later than CEP show both it and a modified version with a sign in conformance with 3.01.05A.2c. PUD-5. Tree preservation: The developer shall preserve trees per Attachment 204 or pay removal fees per Attachment 205. PUD-6. RCWOD designation: The developer shall through zone change ordinance exhibits apply not only the base zoning districts consistent with the Comprehensive Plan but also the RCWOD that WDO 2.05.05 describes to the applicable areas within Tracts C & E and where the applicable area overlaps the golf course lot. PUD-7. Environmental remediation: The developer shall remediate per Attachment 204, Part C. PUD-8. Lot and tract development standards: The standards shall be per Attachment 202. PUD-9. Common area improvements: Improvements shall be per Attachment 203. PUD-10. Association: The developer shall establish an association/HOA per Attachment 203, Part E. PUD-11. PUD Final Plan Approval Process: a. The developer shall conform to WDO 5.01.07, the purpose of which is to ensure that the PUD is in substantial conformance with the conditions of the PUD Detailed Development Plan (DDP) approval, including regarding street improvements, public improvements outside ROW if any, and common area improvements. The developer shall apply to the Director for PUD Final Plan Approval no later than when applying to PW for CEP review. b. Scope: The scope of DDP includes any topic for which any given final decision condition of approval, and any separate document it might reference, is too general to establish civil engineering standards and construction levels of detail. It also includes any topic or situation for which no standard exists through previous adoption by PW. The Final Plan Approval process is to establish any and all design details deferred from land use review. c. CEP: The developer shall incorporate a PUD Final Plan Approval by the Director into CEP review by PW and the civil engineering plan set that PW would approve through CEP. 90 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 49 of 56 PUD-12. Construction access: Construction access is prohibited from and to Olympic. If public works construction code standards necessary for PW to administer this condition are absent, the Public Works Director may administratively through a PW permit process establish details, specifications, and revisions to administer including regarding time, place, manner, and temporary signage directing traffic. PUD-13. Dove Landing park improvements: The developer shall pay a fee per Attachment 205 towards improvement of the public park land within the Dove Landing PUD, which is west across BFR. 91 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 50 of 56 Planned Unit Development 22-02: Transportation T-A. BFR & OR 214: The developer shall pay towards TSP signal timing studies or a combined study per Attachment 205. [TSP R8, R9, & R11, p. 32 as Attachment 104A] T-BP. Wayfinding: To further TDM, the developer shall do one of the following: a. Install 3 min devices, such as signage, that provide wayfinding to bicycle routes, multi- use paths, parks, schools, and other essential destinations. If the developer were to opt for signage and assuming pole signage, sign face min dimensions shall be 2 ft by 1 ft and the placements shall be min: 1 installation of 1 face along Tract A Magnolia frontage; 1 installation of 2 faces at or near the intersection of BFR & Owl and along Tract H; 1 installation of 2 faces at or near the intersection of BFR & Magnolia and near Tract I; Note: The developer may mimic the typical wayfinding per WDO interpretation memo INT 22-0608. b. Pay a fee in-lieu per Attachment 205. [TSP B40 “wayfinding”/P62] T-T1. Bus shelter: To further TDM through bus transit, the developer shall provide for a bus shelter by either installing a shelter to the specs per WDO interpretation memo INT 22-0609 or paying a fee in-lieu per Attachment 205. [TPU 9] T-T2. Bus stop bicycle parking: To further TDM through bus transit, the developer shall at each of the following locations provide for bicycle parking by either installing a bicycle rack to the specs specified WDO interpretation memo INT 22-0609 or paying a fee in-lieu per Attachment 205: a. BFR along Tract H; and b. BFR northbound adjacent to Tax Lot 051W07BA01300 (2348 N. Boones Ferry Rd). [TSP T18] T-T3. Bus transit fee: To further transportation demand management (TDM) through bus transit, the developer shall pay a bus transit fee per Attachment 205. 92 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 51 of 56 Applicant Identity Applicant Holt Group Holdings, LLC Applicant’s Representative Rand Waltz, Project Manager, AKS Engineering & Forestry, LLC (Tualatin office) Landowner(s) Tukwila Partners; and Oregon Golf Association c/o Members Club Inc. 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 . 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. 93 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 52 of 56 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 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 specifications, Standard Drawings, Standard Details, and general conditions of a permit type issued by the Public Works Department. 12. ROW: a. Dedication: The Public Works Department Engineering Division has document templates for ROW and easement dedications that applicants are to use. ROW – and public utility easement (PUE) – dedications are due prior to building permit issuance per Public Works policy. b. Work: All work within the public ROWs or easements within City jurisdiction must require plan approval and permit issuance from the Public Works Department. All public 94 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 53 of 56 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 95 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 54 of 56 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 T-A1). Identify the specific sheet (by number) or document page number that illustrates or notes how each subpart of a condition is met. b. Contact information: State the applicant’s name, company, phone number, e-mail, and desired date for City staff to respond with review comments. The cover letter may include these. c. Plan copies: Submit to the attention of the Planning Division at least two plan size copies of plan sets (24 by 36 inches). Within the cover sheet title block(s), include the phrase “civil engineering plans” or “public improvements civil plans”. Submit also Adobe PDFs using a fileshare service. d. Re-submittal fee: If there are multiple re-submittals, beginning with a third submittal / second revised submittal and continuing with each subsequent submittal, the applicant must pay through the Planning Division into City general revenue a fee of $100. Where public improvements involve the jurisdiction of an outside agency such as the Oregon Department of Transportation (ODOT), the developer must account for that when interacting with the City Engineer and City Public Works Department process. 19. PUD Final Plan (FP) Approval Process: A. Context and project management: 1. The process by which to receive, review, and approve drawings and other documents related to public improvements required by these conditions of approval may be paired with or incorporated into building permit review, or, if directed by the City Engineer, through a civil engineering plans (CEP) review process led by PW. 2. CEP remains the means for implementing final decision conditions of approval affecting street improvements, both surface and underground, and extending into PUEs. 3. The developer is project manager. Because PW establishes that CEP applicants have a single point of contact termed the “Engineer of Record”, the developer manages the engineer of record who handles the CEP and also interacts with the Planning Division regarding FP review. For Planning Division staff, the developer is the point of contact, namely whoever on the developer’s team the developer tasks with being the project manager. 96 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 55 of 56 4. The developer shall be completely responsible for integrating staff directions found in FP documents issued by Planning Division staff into civil engineering plans that the engineering of record submits to PW. 5. If, when, and where conflicting directions arise between FP directions and CEP directions, the developer shall be responsible for communicating with formal cover or transmittal letters messages from the conflicting division to the other division, and shall communicate such. 6. The Planning Division observes the CEP for other projects has come after land use final decision and before the building permit stage. Except where otherwise conditioned, it’s up to the developer to determine when to submit for CEP and PUD Final Plan relative to each other to best meet this “context and project management” condition. B. PUD Final Plan review scope and result: 1. The scope of FP review includes any topic for which any given final decision condition of approval, and any separate document it might reference, is too general to establish civil engineering standards and construction levels of detail. It also includes any topic or situation for which no standard exists through previous adoption by PW or, where applicable, parks and recreation staff. It includes, as examples, pavement, game and sports courts and fields, buildings including pre- fabricated ones, playgrounds and other structures including pre-fabricated ones, exterior lights, landscaping, signage, and appurtenances such as benches, bicycle parking, dog waste stations, ornamental fountains, and water fountains, as well as materials, textures, colors, and model specifications. (Although in or partially in ROW, a bus shelter or shelters are to be subject to FP instead of CEP based on PW preference, unless PW were to direct the engineer of record to include such in CEP scope.) 2. There shall result an official version of a civil engineering plan set marked approved by PW that shows all common area improvements and all public improvements, including off-street public improvements, resulting from both FP review and CEP. It shall come to be prior to building permit application; however, PW is prohibited from approving any time prior to the developer paying conditioned fees related to CEP Planning Division review. C. Submittal directions FP review: 1. Due date: For CEP, none other than what PW might specify. For FP, original / 1st submittal is due whichever occurs earlier: When the developer applies for either CEP or final plat application to the City. 2. Cover letter: Upon submitting CEP application to PW, simultaneously alert the Planning Division through a cover letter to the attention of the Planning Division referencing the intended or, if known, actual submittal date as well as the project name, tax lot number(s), street address(es), and the land use final decision conditions 97 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 56 of 56 of approval that require the public improvements that ares the subject of the civil engineering plans. Referencing conditions may be by quotation or citing the identification numbers T-A1). Identify the specific sheet (by number) or document page number that illustrates or notes how each part of a condition is met. 3. Contact information: State the applicant’s name, company, phone number, e-mail, and desired date for City staff to respond with review comments. The cover letter to the Planning Division may include these. The developer may submit to the Planning Division a copy of the stamped CEP application form submitted to PW if the form includes the required information. D. Site Plans: For CEP Planning Division review and FP: 1. CEP: Submit to the attention of the Planning Division at least 2 plan size copies of plan sets, one plotted at native scale (min 22 by 34 inches, max 24 by 36) and one at ledger (11 by 17). Within the cover sheet title block(s), include the anticipated date of submittal and the phrase “civil engineering plans”, “civil plans for CEP”, or “public improvements civil plans”. 2. FP: Submit to the attention of the Planning Division at least 6 plan size copies of plan sets, 3 plotted at native scale (min 22 by 34 inches, max 24 by 36) and 3 at ledger (11 by 17). Within the cover sheet title block(s), include the anticipated date of submittal. 3. Both: Fold the plan size sets if thin enough to do so. Submit also Adobe PDFs using a fileshare service. 98 ---PAGE BREAK--- Engineering & Project Delivery 190 Garfield Street ● Woodburn, Oregon 97071 Ph. 5030-982-5240 ● Fax [PHONE REDACTED] Public Works Comments ANX 22-02 Marion Pointe PUD _ Land Use Application June 15, 2022 A. CONDITIONS OF LAND USE APPROVAL: 1. The Applicant, not the City, is responsible for obtaining any necessary permits from the State, Marion County, Oregon Division of State Lands, US Army Corps of Engineering and/or federal agencies that may require such permit or approval for the construction of this development. 2. Applicant to obtain necessary approvals/permits from Marion County for proposed improvements to N Boones Ferry Road that will continue to be under Marion County jurisdiction. 3. The Applicant is responsible for obtaining permit/approval/agreement from applicable property owners for the conveyance and maintenance of the storm water drainage from the Marion Pointe PUD into the existing storm drainage system located on current tax lot 051W06D000502 and tax lot 051W06D000501. 4. Applicant to provide a final Engineer stamped storm drainage hydraulic analysis report for detention and conveyance system. The storm drainage hydraulic analysis shall comply with Marion County, Oregon Division of State Lands, US Army Corps of Engineering and City’s requirements, as applicable. Applicant is responsible for correcting/upgrading any existing storm drainage capacity deficiencies, including upgrading private storm drainage systems or installing a new drainage system as per City’s requirements and per approved Storm Drainage Hydraulic Analysis Report. 5. Prior to civil engineering plan approval the applicant shall provide a final Engineer Stamped Storm Drainage Hydraulic Analysis Report that existing private storm drainage systems have capacity to handle the additional flow from the Marion Pointe and ANX 2020- 03 Dove Landing Planned Unit Developments (PUDs), and that the culvert/pipe under Olympic Street has capacity to handle a 100 year base flood event, and to provide a final 100 year floodway, floodplain, and wetland delineation for this development. The applicant is responsible for correcting any capacity deficiencies, including installing new or additional drainage systems, and/or attaining the right to increase stormwater flows into neighboring private stormwater systems. 6. Applicant is responsible for obtaining approval from the Woodburn Fire District for dead- end turnarounds requirements for streets and private share access. Buncherry Drive north end and all proposed private share access. ANX 22-02 Attachment 102A ---PAGE BREAK--- 7. Improvements to N Boones Ferry Road shall be redesigned/adjusted accordingly with pending future improvements to N Boones Ferry that are part of the Dove Landing PUD project. Improvements to Boones Ferry Road shall comply with City and Marion County Requirements. Design items to be aware that are part of the Dove Landing project but not limited: ● Aligning Marion Pointe intersections with Dove Landing intersections on N Boones Ferry Road. ● Align Pedestrian crossing on N Boones Ferry Road with Dove Landing crossing. ● Maintain/reconstruct future sidewalk on the east side of Boones Ferry Road that maybe constructed, as per the Dove Landing project. 8. Engineer of record to provide memo indicating that proposed intersections at N Boones Ferry Road complies with current Federal and State safety, sight distance and vehicular traffic/ turning movement guidelines. The engineer report shall take into consideration the proposed Dove Landing PUE intersection on N Boones Ferry Road. Please find Dove Landing information on the City’s website under the following link: or.gov/dev-planning/project/annexation-anx-2020-03-schultz-farm-dove-landing-boones- ferry-rd-ne-west-side 9. Engineer of record to provide a recommendation for safety pedestrian crossings along N Boones Ferry Road, including enhancements to the crossing based on current State and Federal guidelines. B. CONDITIONS TO BE COMPLETED PRIOR TO CIVIL PLANS APPROVAL: 1. Applicant to provide a copy of approved permit(s) from the Oregon Division of State Lands and US Army Corps of Engineering and Marion County, as applicable, if a permit shall be obtained for discharging storm drainage into state lands. This permit(s) shall be obtained prior to City approval of the Marion Pointe PUD Civil Plans. 2. The Applicant is to provide a recorded permit/approval/agreement from applicable property owners for the conveyance and maintenance of the storm water drainage from the Marion Pointe PUD Development into the existing storm drainage system located in current tax lot 051W06D000502 and tax lot 051W06D000501. The agreement(s) shall be obtained prior to City approval of the Marion Pointe PUE Civil plans. 3. 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. ---PAGE BREAK--- Engineering & Project Delivery 190 Garfield Street ● Woodburn, Oregon 97071 Ph. 5030-982-5240 ● Fax [PHONE REDACTED] 4. Department of Environmental Quality Erosion Control 1200C permit will need to be obtained for this development prior to City issuing approval of civil plans. 5. All sewer mains are a gravity system and the termini of sewer lines locations and depths shall be such that it is suited for future extensions to adjoining areas. 6. Culvert pipes at Olympic Street shall be sized to accommodate future development of adjoining areas, specifically properties located west of N Boones Ferry Road. The culvert pipes shall be designed by a Professional Engineer to handle a 100-year flow event. 7. Final review of the Civil Plans will be done during the Subdivision Application for Construction. Public infrastructure will be constructed in accordance with plans approved by public works and Marion County (where applicable). 8. For general information, the minimum cover depth for water mains is 4ft. 9. Applicant to adjust/redesign the water main on N Boones Ferry in accordance with the plan to extend the main line north of Hazelnut Drive towards Dove Landing Development. 10. Engineer of record to provide a storm analysis report indicating that the existing pipes in Olympic can provide capacity to convey a 100-year event for the entire basing. Engineer of record to provide a pipe analysis certifying the integrity of the existing pipes and strength to support a public road, meet the Oregon Department of Transportation Standards and Specifications. In the event that the pipes cannot provide the capacity or strength requirements the applicant shall provide new culverts or bridge over the drainage pattern. The applicant is responsible for acquiring permits from applicable regulatory agencies for all work within the limits of designated wetlands or waterways prior to, during and/or after the construction of all private and public development improvements, including all culverts/bridge installations and roadway improvements. ---PAGE BREAK--- 37 33 34 35 36 TRACT E 23 68 TRACT C 22 21 20 4 3 5 6 7 8 12 10 11 14 13 18 17 16 82 75 76 77 78 79 80 81 73 69 70 71 72 65 67 66 TRACT G 57 64 63 62 61 60 59 58 56 55 54 TRACT H 19 32 TRACT A TRACT F 52 53 1 84 83 86 85 87 38 40 39 41 42 43 49 47 48 45 46 24 15 27 31 28 30 29 25 26 9 50 51 44 TRACT B OLYMPIC STREET NIGHTINGALE DRIVE OWL AVENUE MAGNOLIA AVENUE N BOONES FERRY ROAD 2 74 TRACT D HAZELNUT DRIVE TRACT I FORESTRY SURVEYING ENGINEERING NATURAL RESOURCES LANDSCAPE ARCHITECTURE PLANNING MARION POINTE WOODBURN, OREGON PRELIMINARY NOT FOR CONSTRUCTION COVER SHEET WITH LEGEND, VICINITY, AND SITE MAPS P-01 LEGEND MARION POINTE PRELIMINARY PLANS APPLICANT: PLANNING / ENGINEERING / SURVEYING TEAM: PROJECT LOCATION: PROPERTY DESCRIPTION: EXISTING LAND USE: PROJECT PURPOSE: VERTICAL DATUM: SITE MAP VICINITY MAP HORIZONTAL DATUM: SHEET INDEX PROJECT LOCATION ANX 22-02 Attachment 103 ---PAGE BREAK--- ---PAGE BREAK--- OLYMPIC STREET TURNBERRY AVENUE N BOONES FERRY ROAD HAZELNUT DRIVE TUKWILA DRIVE TROON AVENUE FAIRWOOD CRESCENT DRIVE THE LINKS AT TUKWILA PHASE 1 (TAX MAP 051W06DC) THE LINKS AT TUKWILA PHASE 2 (TAX MAP 051W06DD) THE LINKS AT TUKWILA PHASE III (TAX MAP 051W07AA) THE LINKS AT TUKWILA PHASE V (TAX MAP 051W06DD) THE LINKS AT TUKWILA PHASE IV (TAX MAP 051W06DD) TUKWILA ORCHARD GREENS NO. 1 (TAX MAP 051W06DC) FORESTRY SURVEYING ENGINEERING NATURAL RESOURCES LANDSCAPE ARCHITECTURE PLANNING MARION POINTE WOODBURN, OREGON PRELIMINARY NOT FOR CONSTRUCTION P-08 PRELIMINARY PROPERTY LINE ADJUSTMENT PLAN ---PAGE BREAK--- 50 51 TRACT F 52 53 1 84 83 86 85 87 19 32 44 TRACT B TRACT A 38 40 39 41 42 43 49 47 48 45 46 24 15 27 31 28 30 29 25 26 9 4 3 5 6 7 8 12 10 11 14 13 18 17 16 68 TRACT C 37 33 34 35 36 TRACT E 23 22 21 20 82 75 76 77 78 79 80 81 73 69 70 71 72 65 67 66 TRACT G 57 64 63 62 61 60 59 58 56 55 54 TRACT H MAGNOLIA AVENUE NIGHTINGALE DRIVE N BOONES FERRY RD OWL AVENUE OLYMPIC STREET TROON AVENUE OLYMPIC STREET HAZELNUT DRIVE 2 UNDER SEPARATE PERMIT * TRACT D 74 * TRACT I FORESTRY SURVEYING ENGINEERING NATURAL RESOURCES LANDSCAPE ARCHITECTURE PLANNING MARION POINTE WOODBURN, OREGON PRELIMINARY NOT FOR CONSTRUCTION PRELIMINARY OVERALL SUBDIVISION PLAT P-09 ---PAGE BREAK--- 52 53 1 84 83 86 85 87 TRACT B TRACT A 68 82 75 76 77 78 79 80 81 73 69 70 71 72 65 67 66 TRACT G 57 64 63 62 61 60 59 58 56 55 54 MAGNOLIA AVENUE N BOONES FERRY RD OWL AVENUE TRACT H NIGHTINGALE DRIVE NIGHTINGALE DRIVE 2 74 TRACT I N BOONES FERRY RD HAZELNUT DRIVE FORESTRY SURVEYING ENGINEERING NATURAL RESOURCES LANDSCAPE ARCHITECTURE PLANNING MARION POINTE WOODBURN, OREGON PRELIMINARY NOT FOR CONSTRUCTION PRELIMINARY DETAILED SUBDIVISION PLAT P-10 · · NOTES: EASEMENT LEGEND PUD SETBACK LEGEND MATCH LINE SEE SHEET P-11 MATCH LINE SEE THIS SHEET MATCH LINE SEE THIS SHEET LEGEND ---PAGE BREAK--- 50 51 52 3 44 TRACT B ACT A 38 40 39 41 42 43 49 47 48 45 46 9 4 3 5 6 7 8 10 11 TRACT F MAGNOLIA AVENUE FORESTRY SURVEYING ENGINEERING NATURAL RESOURCES LANDSCAPE ARCHITECTURE PLANNING MARION POINTE WOODBURN, OREGON PRELIMINARY NOT FOR CONSTRUCTION PRELIMINARY DETAILED SUBDIVISION PLAT P-11 NOTE: EASEMENT LEGEND PUD SETBACK LEGEND MATCH LINE SEE SHEET P-12 MATCH LINE SEE SHEET P-10 LEGEND ---PAGE BREAK--- 19 32 38 40 39 41 24 15 27 31 28 30 29 25 26 9 7 8 12 10 11 14 13 18 17 16 TRACT C 37 33 34 35 36 23 22 21 20 MAGNOLIA AVENUE OLYMPIC STREET OLYMPIC STREET TRACT E MAGNOLIA AVENUE TROON AVENUE OLYMPIC STREET TRACT D FORESTRY SURVEYING ENGINEERING NATURAL RESOURCES LANDSCAPE ARCHITECTURE PLANNING MARION POINTE WOODBURN, OREGON PRELIMINARY NOT FOR CONSTRUCTION PRELIMINARY DETAILED SUBDIVISION PLAT P-12 EASEMENT LEGEND PUD SETBACK LEGEND MATCH LINE SEE SHEET P-11 · NOTES: LEGEND ---PAGE BREAK--- CROSBY RD NE TUKWILA DR CONSTITUTION AVE VANDERBECK LN NE ASTOR WAY EAGLE DR TROON AVE TURNBERRY AVE HAZELNUT DR FAIRWOOD CRES DR CHAMPIONSHIP DR ROANOKE ST INDEPENDENCE AVE REVERE ST FAIRWAY ST BUNKER AVE CROSBY RD NE MAGNOLIA AVENUE NIGHTINGALE DRIVE OLYMPIC STREET N BOONES FERRY RD N BOONES FERRY ROAD U.G.B. U.G.B. OWL AVENUE DOVE LANDING (FUTURE) NE BOONES FERRY ROAD FORESTRY SURVEYING ENGINEERING NATURAL RESOURCES LANDSCAPE ARCHITECTURE PLANNING MARION POINTE WOODBURN, OREGON PRELIMINARY NOT FOR CONSTRUCTION CONCEPTUAL NEIGHBORHOOD CIRCULATION PLAN P-13 LEGEND ---PAGE BREAK--- LEGEND 75 76 77 73 69 70 71 72 65 67 66 64 63 62 61 60 59 TRACT H 68 NIGHTINGALE DRIVE OWL AVENUE 74 TRACT G N BOONES FERRY RD N BOONES FERRY RD FORESTRY SURVEYING ENGINEERING NATURAL RESOURCES LANDSCAPE ARCHITECTURE PLANNING MARION POINTE WOODBURN, OREGON PRELIMINARY NOT FOR CONSTRUCTION PRELIMINARY DETAILED TREE PRESERVATION AND REMOVAL PLAN P-14 P-14 P-15 P-16 P-17 KEY MAP MATCHLINE SEE SHEET P-15 ---PAGE BREAK--- 82 75 76 77 78 79 80 81 73 72 57 63 62 61 60 59 58 56 55 54 38 40 39 41 42 43 49 47 48 45 46 9 50 51 52 53 1 84 83 86 85 87 4 3 5 6 7 8 12 10 11 14 13 44 2 NIGHTINGALE DRIVE MAGNOLIA AVENUE 74 TRACT A TRACT B TRACT F NIGHTINGALE DRIVE MAGNOLIA AVENUE OLYMPIC STREET TRACT I N BOONES FERRY RD LEGEND FORESTRY SURVEYING ENGINEERING NATURAL RESOURCES LANDSCAPE ARCHITECTURE PLANNING MARION POINTE WOODBURN, OREGON PRELIMINARY NOT FOR CONSTRUCTION PRELIMINARY DETAILED TREE PRESERVATION AND REMOVAL PLAN P-15 MATCHLINE SEE SHEET P-14 MATCHLINE SEE SHEET P-16 ---PAGE BREAK--- 19 32 24 15 27 31 28 30 29 25 26 18 17 16 23 22 21 20 37 33 34 35 36 TRACT E TRACT D TRACT C OLYMPIC STREET OLYMPIC STREET LEGEND FORESTRY SURVEYING ENGINEERING NATURAL RESOURCES LANDSCAPE ARCHITECTURE PLANNING MARION POINTE WOODBURN, OREGON PRELIMINARY NOT FOR CONSTRUCTION PRELIMINARY DETAILED TREE PRESERVATION AND REMOVAL PLAN P-16 MATCHLINE SEE SHEET P-17 MATCHLINE SEE SHEET P-15 ---PAGE BREAK--- 50 51 52 53 1 84 83 86 85 87 19 32 44 38 40 39 41 42 43 49 47 48 45 46 24 15 27 31 28 30 29 25 26 9 4 3 5 6 7 8 12 10 11 14 13 18 17 16 68 TRACT C 37 33 34 35 36 TRACT E 23 22 21 20 82 75 76 77 78 79 80 81 73 69 70 71 72 65 67 66 TRACT G 57 64 63 62 61 60 59 58 56 55 54 TRACT H MAGNOLIA AVENUE TRACT F OLYMPIC STREET OWL AVENUE TRACT B 2 TRACT A NIGHTINGALE DRIVE 74 TRACT D TRACT I N BOONES FERRY RD FORESTRY SURVEYING ENGINEERING NATURAL RESOURCES LANDSCAPE ARCHITECTURE PLANNING MARION POINTE WOODBURN, OREGON PRELIMINARY NOT FOR CONSTRUCTION P-20 PRELIMINARY OVERALL COMPOSITE UTILITY PLAN ---PAGE BREAK--- TYPICAL MINOR ARTERIAL HALF STREET IMPROVEMENT A TYPICAL LOCAL STREET CROSS SECTION B LOCAL STREET CROSS SECTION AT NATURAL RESOURCES (WETLANDS) CROSSING C TYPICAL CART PATH D TYPICAL MULTI-USE PATH (TRACT B) F LOCAL STREET WITH 8-FOOT SIDEWALK CROSS SECTION G LOCAL STREET WITH SIDEWALK AND GOLF CART PATH CROSS SECTION H TYPICAL HAZELNUT DRIVE SIDEWALK IMPROVEMENT E EXISTING OLYMPIC STREET CROSS SECTION I 2019 TSP LOCAL STREET CROSS SECTION J FORESTRY SURVEYING ENGINEERING NATURAL RESOURCES LANDSCAPE ARCHITECTURE PLANNING MARION POINTE WOODBURN, OREGON PRELIMINARY NOT FOR CONSTRUCTION PRELIMINARY STREET CROSS SECTIONS P-25 ---PAGE BREAK--- OLYMPIC STREET MAGNOLIA AVENUE NIGHTINGALE DRIVE N BOONES FERRY RD OWL AVENUE A B D 44 38 40 39 41 42 43 49 47 48 45 46 24 15 27 31 28 30 29 25 26 9 50 51 52 53 1 84 83 86 85 87 22 21 20 68 TRACT A 37 33 34 35 36 4 3 5 6 7 8 12 10 11 14 13 18 17 16 23 82 75 76 77 78 79 80 81 73 69 70 71 72 65 67 66 57 64 63 62 61 60 59 58 56 55 54 19 32 TRACT B TRACT F TRACT C TRACT G TRACT H TRACT E C B B F 2 74 TRACT D HAZELNUT DRIVE A E I TRACT I 68 TRACT H FORESTRY SURVEYING ENGINEERING NATURAL RESOURCES LANDSCAPE ARCHITECTURE PLANNING MARION POINTE WOODBURN, OREGON PRELIMINARY NOT FOR CONSTRUCTION PRELIMINARY STREET PLAN P-26 SIDEWALK LEGEND EASEMENT LEGEND KEYED NOTES CONCEPTUAL ALTERNATE OWL AVENUE ALIGNMENT SCALE: 1" = 40' OWL AVENUE NIGHTINGALE DRIVE N BOONES FERRY ROAD ---PAGE BREAK--- MAGNOLIA AVENUE NIGHTINGALE DRIVE OLYMPIC STREET 38 40 39 41 42 43 49 47 48 45 46 24 15 27 31 28 30 29 25 26 9 50 51 52 53 1 84 83 86 85 87 44 19 32 82 75 76 77 78 79 80 81 73 69 70 71 72 65 67 66 57 64 63 62 61 60 59 58 56 55 54 TRACT A 4 3 5 6 7 8 12 10 11 14 13 18 17 16 23 22 21 20 37 33 34 35 36 68 TRACT F TRACT B TRACT C TRACT H TRACT G TRACT E CROSBY RD NE N BOONES FERRY ROAD INTERSTATE 5 FREEWAY TUKWILA DR CONSTITUTION AVE VANDERBECK LN NE UMPQUA RD ASTOR WAY EAGLE DR N FRONT ST TROON AVE TURNBERRY AVE HAZELNUT DR COUNTRY CLUB RD NE FAIRWOOD CRES DR IRONWOOD TERRACE CHAMPIONSHIP DR ROANOKE ST INDEPENDENCE AVE ARLINGTON AVE REVERE ST FAIRWAY ST BUNKER AVE CAMELIA WAY LILAC WAY HEATHER WAY DOGWOOD DR MULBERRY DR ASTOR WAY CROSBY RD NE NE BOONES FERRY ROAD N BOONES FERRY RD U.G.B. U.G.B. OWL AVENUE P/SP P/SP P/SP P/SP P/SP P/SP IL IL RS RS RS RS RS RS RS RS R1S RM R1S R1S P/SP RM P/SP UT-20 EFU UT-20 UT-20 UT-20 EFU EFU EFU EFU EFU UT-5 2 U.G.B. 74 TRACT D TRACT I DOVE LANDING (FUTURE) FORESTRY SURVEYING ENGINEERING NATURAL RESOURCES LANDSCAPE ARCHITECTURE PLANNING MARION POINTE WOODBURN, OREGON PRELIMINARY NOT FOR CONSTRUCTION PRELIMINARY AERIAL PHOTOGRAPH PLAN P-30 ---PAGE BREAK--- 44 TRACT B 38 40 39 41 42 43 49 47 48 45 46 24 15 27 31 28 30 29 25 26 9 50 51 TRACT F 52 53 1 84 83 86 85 87 19 32 4 3 5 6 7 8 12 10 11 14 13 18 17 16 TRACT A 22 21 20 37 33 34 35 36 TRACT E 82 75 76 77 78 79 80 81 73 69 70 71 72 65 67 66 TRACT G 57 64 63 62 61 60 59 58 56 55 54 TRACT H 23 68 TRACT C 2 N BOONES FERRY RD OLYMPIC STREET TROON AVENUE OLYMPIC STREET HAZELNUT DRIVE 74 TRACT D OWL AVENUE NIGHTINGALE DRIVE MAGNOLIA AVENUE TRACT I CONCEPTUAL STREET TREE PLANT SCHEDULE FORESTRY SURVEYING ENGINEERING NATURAL RESOURCES LANDSCAPE ARCHITECTURE PLANNING MARION POINTE WOODBURN, OREGON PRELIMINARY NOT FOR CONSTRUCTION P-31 PRELIMINARY OVERALL STREET TREE AND LANDSCAPE PLAN PRELIMINARY LANDSCAPE NOTES ---PAGE BREAK--- TRACT B TRACT A 2 CONCEPTUAL PLANT SCHEDULE TRACT A CHILDREN'S PLAY AREA FORESTRY SURVEYING ENGINEERING NATURAL RESOURCES LANDSCAPE ARCHITECTURE PLANNING MARION POINTE WOODBURN, OREGON PRELIMINARY NOT FOR CONSTRUCTION P-32 PRELIMINARY LANDSCAPE PLAN TRACT A CHILDREN'S PLAY AREA CONCEPTUAL FURNISHINGS TRACT A MAGNOLIA AVENUE NIGHTINGALE DRIVE ---PAGE BREAK--- 37 TRACT D TRACT E TRACT C CONCEPTUAL PLANT SCHEDULE TRACTS C, D, AND E FORESTRY SURVEYING ENGINEERING NATURAL RESOURCES LANDSCAPE ARCHITECTURE PLANNING MARION POINTE WOODBURN, OREGON PRELIMINARY NOT FOR CONSTRUCTION P-34 PRELIMINARY LANDSCAPE PLAN TRACT C, D, & E OPEN SPACE CONCEPTUAL TRACT E FURNISHINGS MAGNOLIA AVENUE OLYMPIC STREET ---PAGE BREAK--- 65 66 TRACT G TRACT C CONCEPTUAL PLANT SCHEDULE TRACT F STORMWATER FACILITY CONCEPTUAL PLANT SCHEDULE TRACT B STORMWATER FACILITY FORESTRY SURVEYING ENGINEERING NATURAL RESOURCES LANDSCAPE ARCHITECTURE PLANNING MARION POINTE WOODBURN, OREGON PRELIMINARY NOT FOR CONSTRUCTION P-35 PRELIMINARY LANDSCAPE PLAN TRACT C & G - STORMWATER FACILITIES CONCEPTUAL TRACT G FURNISHINGS MAGNOLIA AVENUE OLYMPIC STREET NIGHTINGALE DRIVE ---PAGE BREAK--- TRACT H CONCEPTUAL PLANT SCHEDULE TRACT H FORESTRY SURVEYING ENGINEERING NATURAL RESOURCES LANDSCAPE ARCHITECTURE PLANNING MARION POINTE WOODBURN, OREGON PRELIMINARY NOT FOR CONSTRUCTION P-36 PRELIMINARY LANDSCAPE PLAN TRACT H OPEN SPACE CONCEPTUAL FURNISHINGS TRACT H OWL AVENUE N BOONES FERRY RD ---PAGE BREAK--- ---PAGE BREAK--- 44 40 41 42 43 47 8 45 46 5 6 7 8 MAGNOLIA AVENUE 44 40 41 42 43 47 8 45 46 5 6 7 8 MAGNOLIA AVENUE 44 40 41 42 43 47 8 45 46 5 6 7 8 MAGNOLIA AVENUE 44 40 41 42 43 47 8 45 46 5 6 7 8 MAGNOLIA AVENUE 44 40 41 42 43 47 8 45 46 5 6 7 8 MAGNOLIA AVENUE 44 40 41 42 43 47 8 45 46 5 6 7 8 MAGNOLIA AVENUE 44 40 41 42 43 47 8 45 46 5 6 7 8 MAGNOLIA AVENUE 44 40 41 42 43 47 8 45 46 5 6 7 8 MAGNOLIA AVENUE Chevrolet Suburban 3/4 Ton LS FORESTRY SURVEYING ENGINEERING NATURAL RESOURCES LANDSCAPE ARCHITECTURE PLANNING MARION POINTE WOODBURN, OREGON PRELIMINARY NOT FOR CONSTRUCTION PRELIMINARY TYPICAL FLAG LOT VEHICLE ENTRY & EXIT SIMULATION P-39 LOT 42 - VEHICLE ENTERING MOVEMENT LOT 42 - VEHICLE EXITING MOVEMENT LOT 44 - VEHICLE ENTERING MOVEMENT LOT 44 - VEHICLE EXITING MOVEMENT LOT 43 - VEHICLE ENTERING MOVEMENT LOT 43 - VEHICLE EXITING MOVEMENT LOT 45 - VEHICLE ENTERING MOVEMENT LOT 45 - VEHICLE EXITING MOVEMENT ---PAGE BREAK--- Exhibit 5, Page 2 of 2 ---PAGE BREAK--- N BOONES FERRY RD OWL AVENUE OLYMPIC STREET TROON AVENUE OLYMPIC STREET HAZELNUT DRIVE NIGHTINGALE DRIVE MAGNOLIA AVENUE FORESTRY SURVEYING ENGINEERING NATURAL RESOURCES LANDSCAPE ARCHITECTURE PLANNING MARION POINTE WOODBURN, OREGON PRELIMINARY NOT FOR CONSTRUCTION EXHIBIT Y PROPOSED COMMON AREAS P-41 LEGEND ---PAGE BREAK--- 52 53 1 84 83 86 85 87 TRACT A 68 82 75 76 77 78 79 80 81 73 69 70 71 72 65 67 66 TRACT G 57 64 63 62 61 60 59 58 56 55 54 TRACT H TRACT B 2 MAGNOLIA AVENUE NIGHTINGALE DRIVE N BOONES FERRY ROAD OWL AVENUE 74 TRACT I FORESTRY SURVEYING ENGINEERING NATURAL RESOURCES LANDSCAPE ARCHITECTURE PLANNING MARION POINTE WOODBURN, OREGON PRELIMINARY NOT FOR CONSTRUCTION PRELIMINARY FIRE ACCESS AND WATER SUPPLY PLAN P-42 LEGEND: MATCH LINE SEE SHEET F-2 EASEMENT LEGEND ---PAGE BREAK--- 50 51 52 53 44 CT A 38 40 39 41 42 43 49 47 48 45 46 9 4 3 5 6 7 8 10 11 TRACT F TRACT B MAGNOLIA AVENUE FORESTRY SURVEYING ENGINEERING NATURAL RESOURCES LANDSCAPE ARCHITECTURE PLANNING MARION POINTE WOODBURN, OREGON PRELIMINARY NOT FOR CONSTRUCTION PRELIMINARY FIRE ACCESS AND WATER SUPPLY PLAN P-43 MATCH LINE SEE SHEET F-1 MATCH LINE SEE SHEET F-3 EASEMENT LEGEND LEGEND: ---PAGE BREAK--- 19 32 38 39 41 24 15 27 31 28 30 29 25 26 9 7 8 12 10 11 14 13 18 17 16 TRACT C 37 33 34 35 36 TRACT E 23 22 21 20 A AVENUE OLYMPIC STREET OLYMPIC STREET TROON AVENUE TRACT D MAGNOLIA AVENUE FORESTRY SURVEYING ENGINEERING NATURAL RESOURCES LANDSCAPE ARCHITECTURE PLANNING MARION POINTE WOODBURN, OREGON PRELIMINARY NOT FOR CONSTRUCTION PRELIMINARY FIRE ACCESS AND WATER SUPPLY PLAN P-44 MATCH LINE SEE SHEET F-2 EASEMENT LEGEND LEGEND: ---PAGE BREAK--- PUBLIC WORKS DEPARTMENT 190 GARFIELD STREET WOODBURN, OR 97071 September 3, 2020, 2020 Attn: Chris Goodell, AICP, LEED AP AKS Engineering & Forestry, LLC 12965 SW Herman Road, Suite 100 Tualatin, OR 97062 Re: Annexation Certification Subject Property Address: N/A Marion County Tax Map: 051W06D000502 This letter is to certify that the City of Woodburn has no capacity issue with the public wastewater treatment facility or public water treatment facility. However, the subject property is not adjacent to an existing collection system for water, wastewater or a public storm sewer collection system. The requirements for these collection facilities would still need to be determined. The capacity analysis, design and installation would be the responsibility of the applicant/property owner. If you have any questions, please contact me at [PHONE REDACTED]. Sincerely, Dago Garcia, P.E. City Engineer City of Woodburn Attachment 103A Letter 1 of 3 ---PAGE BREAK--- Attachment 103A Letter 2 of 3 ---PAGE BREAK--- 1 Glen Southerland From: James Gibbs <[EMAIL REDACTED]> Sent: Thursday, September 24, 2020 1:41 PM To: Glen Southerland; Joe Budge; Scott Heesacker Subject: RE: City of Woodburn Annexation SPL Request EXTERNAL EMAIL: This email originated from outside of AKS Engineering & Forestry. Do not click links or open attachments unless you recognize the sender and know the content is safe. Glen, Per our conversation this afternoon, this email is our response to the housing development in the northern City of Woodburn area and our capability/capacity to support/respond. This additional housing development is within our district and we have the capabilities to support this new addition. James Gibbs Fire Marshal Woodburn Fire District 1776 Newberg Hwy Woodburn, OR 97071 (503) 982‐2360 [EMAIL REDACTED] From: Glen Southerland [mailto:[EMAIL REDACTED]] Sent: Thursday, September 17, 2020 4:19 PM To: Joe Budge; James Gibbs Subject: RE: City of Woodburn Annexation SPL Request This email is from an EXTERNAL sender. Exercise caution when opening attachments or click links from unknown senders or unexpected email. Hello Chief and Fire Marshal, I hope you’re both doing well! I realize that you are probably incredibly busy at the moment, so I was just hoping you could tell me whether the WFD has capacity to serve the additional 90 dwellings on N Boones Ferry Road. Please let me know if you have any questions or need any more information. Best Regards, Attachment 103A Letter 3 of 3 ---PAGE BREAK--- 2 Glen Southerland, AICP AKS ENGINEERING & FORESTRY, LLC P: [PHONE REDACTED] Ext. 166 I www.aks‐eng.com I southerlandg@aks‐eng.com From: Glen Southerland Sent: Monday, August 31, 2020 3:03 PM To: James Gibbs ([EMAIL REDACTED]) <[EMAIL REDACTED]> Subject: City of Woodburn Annexation SPL Request Hello James, I was hoping to get your input and request a Service Provider Letter for an annexation of territory/new 90‐unit subdivision at the northern extent of the city limits. I’m not sure if you’ve been apprised yet what is being proposed or not. I’ve attached preliminary site plans for your review. Water mains and hydrants will be installed by the developer. At the pre‐app, the City specified 12” lines to the city limits and 8” within the development. Please let me know if there is anything else you need or questions I can answer. I look forward to your comments! Thank you! Glen Southerland, AICP AKS ENGINEERING & FORESTRY, LLC 12965 SW Herman Road, Suite 100 I Tualatin, OR 97062 P: [PHONE REDACTED] Ext. 166 I www.aks‐eng.com I southerlandg@aks‐eng.com Offices in: Bend, OR I Keizer, OR I Tualatin, OR I Vancouver, WA NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender by reply e‐mail and immediately delete the message and any attachments without copying or disclosing the contents. AKS Engineering and Forestry shall not be liable for any changes made to the electronic data transferred. Distribution of electronic data to others is prohibited without the express written consent of AKS Engineering and Forestry. ---PAGE BREAK--- – Page 32 – Project Number Location Responsible Jurisdiction Type Description Priority Cost Estimate2 R7 Brown Street from Comstock Avenue to end of roadway City Street design Upgrade to Service Collector urban standards including bicycle and pedestrian enhancements Low $01 (Project includes P20) R8 OR 214/I-5 Southbound Ramp Intersection State Traffic signal timing Investigate corridor signal timing and coordination adjustments in coordination with ODOT Medium $15,000 R9 OR 214/I-5 Northbound Ramp Intersection State Traffic signal timing Investigate corridor signal timing and coordination adjustments in coordination with ODOT Medium $15,000 R10 OR 214/Evergreen Road Intersection State Traffic signal timing Investigate corridor signal timing and coordination adjustments in coordination with ODOT Medium $15,000 R11 OR 214/Oregon Way/Country Club Road Intersection State Traffic signal timing Investigate corridor signal timing and coordination adjustments in coordination with ODOT Medium $15,000 R12 OR 214/Front Street Ramp Intersection State Traffic control Install intersection capacity improvement such as traffic signal (if warranted), turn lanes, or roundabout in coordination with ODOT Medium $1,000,000 R13 OR 214/Park Street Intersection State Traffic control Install intersection capacity improvement such as traffic signal (if warranted), turn lanes, or roundabout in coordination with ODOT Medium $1,000,000 R14 OR 214/OR 211/OR 99E Intersection State Intersection - geometric considerations 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 Medium $900,000 R15 Parr Road/ Settlemier Avenue Intersection City Traffic control Install intersection capacity improvement such as traffic signal (if warranted), turn lanes, or roundabout Low $500,000 R16 OR 99E/Hardcastle Avenue Intersection State Intersection - geometric considerations Reconfigure the westbound approach to incorporate one left-turn lane and one thru- right turn lane in coordination with ODOT Medium $50,000 R17 OR 99E/Lincoln Street Intersection State Intersection - geometric considerations Install a shared through-right turn lane on the eastbound approach and reconfigure the existing approach lane as a separate left- turn lane in coordination with ODOT Medium $500,000 R18 OR 99E/Young Street Intersection State Intersection - geometric considerations As identified in the Highway 99E Corridor Plan, install a third westbound lane to provide separate left, thru, and right turn lanes in coordination with ODOT. Implement protected-permissive left-turn phasing on the eastbound and westbound approaches. Medium $550,000 Attachment 104A Page 1 of 2 ---PAGE BREAK--- – Page 62 – Project Number Location Responsible Jurisdiction Type Description Priority Cost Estimate3 P25 Gatch Street from Hardcastle Road to Cleveland Street City Sidewalks - Fill in gaps Fill in the gaps. This project improves safe routes to school for Washington Elementary School High $350,000 P26 Park Avenue from Hardcastle Avenue to Lincoln Street City New sidewalks Install new sidewalks on one side. This project improves safe routes to school for Washington Elementary School High $65,000 Local Streets P27 Willow Avenue from McNaught Road to OR 219 City New sidewalks Install new sidewalks on both sides Medium $350,000 P28 Cascade Drive from OR 214 to Hayes Street City New sidewalks Install new sidewalks. This project improves safe routes to school for Nellie Muir Elementary School High $400,000 P29 Ben Brown Lane from end of roadway to Boones Ferry Road City Sidewalks - Fill in gaps Fill in the gaps Medium $200,000 P30 Oak Street from Boones Ferry Road to Front Street City New sidewalks Install new sidewalks on one side Medium $150,000 P31 Ogle Street from Cleveland Street to Boones Ferry Road City New sidewalks Install new sidewalks on one side Medium $900,000 Pedestrian Crossing Enhancements P32 Front Street/Young Street City Enhanced crossing Construct ADA-compliant ramps and sidewalks on the east leg of the intersection Medium $15,000 P33 Front Street/Lincoln Street City Enhanced crossing Construct ADA-compliant ramps and sidewalks on the east leg of the intersection. This project improves safe routes to school for St Luke's School High $15,000 P34 Cascade Drive/Hayes Street City Enhanced crossing Install an enhanced pedestrian crossing. This project improves safe routes to school for Nellie Muir Elementary School High $65,000 P35 Park Avenue/Legion Park Driveway City Enhanced crossing Install an enhanced pedestrian crossing. This project improves access to Legion Park Medium $65,000 P36 Hazelnut Drive/ Broadmoor Place Accessway City Enhanced crossing Install an enhanced pedestrian crossing. This project improves safe routes to school for Woodburn High School High $65,000 Attachment 104A Page 2 of 2 ---PAGE BREAK--- 5 v ÍÎ 99E v ÍÎ 219 v ÍÎ 99E v ÍÎ 219 v ÍÎ 214 v ÍÎ 211 v ÍÎ 214 T R A C Y L N C A N B Y L P MILL ST RYE ST KOI LN VERA LN HI GH ST PLUM LN N 2ND ST STARK ST IDAHO DR BRYAN ST TU L IP AV HIGHWAY 99E HY OATS ST RAILROAD O R EGON L P JORY ST OGLE ST HAWLEY ST ELANA WY C A SCA D E DR S M ITH DR D E E R RU N CHA T EAU D R OXFORD S T JANS EN WY T U R NBERRY A V TU KWIL A DR R O Y AV NATIONAL WY AZTEC DR SANTIAM DR CAMAS ST WILLO W A V SALLAL RD W H ITNE Y LN H A ZELNU T D R STANFIELD R D JAM E S ST BLAINE ST EV E RGR E E N R D GEORGE ST MCNAUGHT RD KING WY TOMLIN AV W ORKMAN DR MCKINLEY ST KOENER R D G R EE N V I E W DR N 3RD ST LAUREL AV HO O PER ST LEARY RD EL M ST E C LACKAMAS C R MCLAUGHLIN D R N 1ST ST EAST LI NCOLN RD W CLACKAMA S CR E LLIOTT PRAIRIE RD COMMERCE WY SERRES LN S CASCADE D R EAST HARDCASTLE RD BOONES FERRY RD GESCHWILL LN S COLUMBIA DR 219 DIMMICK LN STAFNEY LN MOLALLA RD UNION SCHOOL RD FRONT ST ARNEY RD MEADOW DR CROSBY RD BUTTEVILLE RD INGALLS LN PARR RD JENSEN RD BELLE PASSI RD CARL RD WILCO HY ARBOR GROVE RD LE BRUN RD BROWN ST PARK AV H ARRISON ST ASTOR W Y W H A Y E S ST ORE G ON WY LINCOLN ST TUK W IL A DR N 5TH ST E CLEVELAND ST GA T CH S T H A Z E LN U T DR HARDCASTLE AV COOLEY RD STUBB RD WOODLAND AV STACY ALLISON WY PROGRESS WY S PACIFIC HY MT HOOD AV WILCO HY NE W B ER G HY N PACIFIC HY PARR R D N FRONT ST E BLAINE ST A ST HIGHWAY 99E HY FRONT ST JUDY ST RYE ST TIE R RA LYNN DR UMPQUA RD CARL RD EAGLE DR J A N SEN W Y STA R K ST TU L I P AV T E N OAKS LN MIL L E R FAR M RD ME R ID IAN DR BUTTEVILLE RD SMITH D R SALLAL RD WILL OW AV W LINCOLN ST VA N D ERBECK LN AL E X A NDR A A V JUNE WY BOONES FE R R Y RD ST PANA ST COUNT R Y CLUB RD K ING WY PRINC ETON RD MAYANNA D R IRO NWOOD T R LEARY RD H E RMA N SO N ST N 6TH ST MO LALLA RD A R NE Y L N N 1ST ST N 2ND ST R EED AV HI G H ST ST LOUI S RD CROSBY RD MOUNTAIN VIEW LN DIMMICK LN LINFIELD AV KOI LN UNION SCHOOL RD OGLE ST EAST LIN COLN RD OATS ST B L Y L P JORY ST ARBOR GROVE RD R O Y AV CAMAS ST WHITN EY LN GEORGE ST KOENER RD 219 RANDOLPH R D HO O P E R ST A L S EA L P ELM ST W CLACKAMAS CR ARNEY RD SERRES LN S CASCADE D R GESCHWILL LN S COLUMBIA DR STAFNEY LN INGALLS LN JENSEN RD BELLE PASSI RD LE BRUN RD W HAYES ST WOODLAND AV LINC OLN ST BR OW N ST GATCH S T PARR RD E CLEVELAND ST HARDCASTLE AV STACY ALLISON WY ARN E Y R D COOLEY RD ASTOR WY PROGRESS WY STUBB RD BOO NES FERRY RD Y O UNG ST N FRONT ST S SETTLEMIER AV S FRONT ST EV ERG R EE N R D N SE TTLEMIER AV MT HOOD AV N PACIFIC HY MOLALLA RD BUTTEVILLE RD S PACIFIC HY v ÍÎ 219 5 Woodburn TSP Update September 2019 ¯ Figure 2 Existing Roadway Freeway Major Arterial Minor Arterial Service Collector Access Street Future Roadway Future Major Arterial Future Minor Arterial Future Service Collector Future Access Street Future Local Industrial City Boundary Urban Growth Boundary H:\21\21071 - Woodburn TSP Update\gis\TSP\02 Functional Roadway Classification.mxd - mmccormick - 5:25 PM 9/16/2019 Coordinate System: NAD 1983 HARN StatePlane Oregon North FIPS 3601 Feet Intl Data Source: City of Woodburn, Oregon Department of Transportation Functional Roadway Classification Woodburn, Oregon 0 1,000 2,000 3,000 Feet Note: Future roadway alignments are approximate and subject to further refinement. Attachment 104B ---PAGE BREAK--- ää ä ä ä ää ä ä ä ä ää ä ää ä ä ä ä ä ä ä ä ä ä ä ä ä ä ä ä ä ä ä ä ä ä ä ä ä ä ä ä ä ä ä ä ä ä ä ä ä ä ä ä ä ä ä ä ä 5 v ÍÎ 99E v ÍÎ 219 v ÍÎ 99E v ÍÎ 219 v ÍÎ 214 v ÍÎ 211 v ÍÎ 214 ) ) A U D R E Y WY A ST HIGHWAY 99E HY FRONT ST CORBY ST JUDY ST RYE ST D A HLI A ST TIERRA LYN N D R AZTEC DR UMPQUA RD CARL RD JO H NSON ST GAR FIELD ST DELLMOOR WY CONSTITUTION AV EAGLE DR JANS EN WY STA R K ST BRYAN ST HAWLEY ST T U L IP AV T E N OAKS LN E BLAINE ST R AINIER RD MILLE R FARM R D MERIDIA N DR BUTTEVILLE RD SMIT H D R CROSBY RD LAUREL AV EAST HARDCASTLE RD SALLAL RD WILLO W AV ELAN A D R W LINCOLN ST TOMLIN AV VANDERBECK LN MCKEE SCHOOL RD TR OON AV HAZ E LNU T D R J U N E WY BOONES F ER RY RD ST PANA ST OAK ST LEASURE ST BROADWAY ST FINZER WY KING WY PRINCET O N R D DOUD ST P A R K C R M AYANNA DR ARLINGTON A V A STOR WY MCLAUGHLIN D R IR O NWOOD T R WILS O N ST GRANT ST S 3 RD ST W HAYES ST TUK W IL A DR LEARY RD H E R M ANSON ST N 6TH ST CHURCH ST J O NAH P L ARN EY LN N 1ST ST N 2ND ST MOLA LLA RD WALT O N W Y STEVEN ST QUINN RD MARSHALL ST WILCO HY N CASCADE DR R EED AV D E ER RUN R A Y J GLA T T CR N 3RD ST PORT LAND RD THOMPSON RD ELLIOTT PRAIRIE RD CAROL ST ST LO U I S RD LINDA ST MCKINLEY ST MOUNTAIN VIEW LN HALL ST BRADLEY ST DIMMICK LN LINFIELD AV HARVARD DR CASCA D E DR G R E E NVIEW D R VI N E AV KOI LN J A ME S S T PLUM LN UNION SCHOOL RD OGLE ST EAST LI NCOLN RD MEADOW DR PAL M AV OATS ST RAILROAD B LY L P GOUDY GARDENS LN DE X TER LP JORY ST ELANA WY COMMERCE WY BLAINE ST T U R NBERRY A V ARBOR GROVE RD R O Y AV NATIONAL WY SANTIAM DR CAMAS ST W H ITNEY LN GEORGE ST MCNAUGHT RD KOENER RD 219 RANDOLPH RD HO O PER ST A L S E A LP ELM ST E C LACKAMAS C R W CLACKAMAS C R ARNEY RD SERRES LN S CASCADE DR GESCHWILL LN S COLUMBIA DR STAFNEY LN INGALLS LN PARR RD JENSEN RD BELLE PASSI RD LE BRUN RD S HALI M A R L P H A Z ELN UT D R HARDCASTLE AV W HAYES ST L INCO L N ST O RE GON WY PAR K AV BROWN S T GATCH ST PARR RD E CLEVELAND ST STACY ALLISON WY HARVARD DR A RNEY RD COOLEY RD H ARRISON ST W OODL AND AV ASTOR WY N 5TH ST PROGRESS WY INDUSTRIAL AV STUBB RD EAST LINCOLN RD BOONES FER RY RD NEWBERG HY S PACIFIC HY MT HOOD AV N PACIFIC HY S SETTLEMIER AV YO U NG ST EVER G REE N RD GARFIELD ST N SETTL EMIER AV MOLALLA RD BUTTEVILLE RD S FRONT ST N FRONT ST Woodburn TSP Update September 2019 ¯ Figure 6 ä Future Local Street Connection Future Roadway City Boundary Urban Growth Boundary H:\21\21071 - Woodburn TSP Update\gis\TSP\06 Local Street Connectivity Plan.mxd - mmccormick - 5:46 PM 9/16/2019 Coordinate System: NAD 1983 HARN StatePlane Oregon North FIPS 3601 Feet Intl Data Source: City of Woodburn, Oregon Department of Transportation Local Street Connectivity Plan Woodburn, Oregon 0 1,000 2,000 3,000 Feet Note: Future roadway alignments are approximate and subject to further refinement. Attachment 104C ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 42 of 57 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. By and 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 by the Building Division. G2. The applicant or successors and assigns shall develop the property in substantial conformance with the final plans submitted and approved with these applications, except as modified by these conditions of approval. Were the applicant to revise plans other than to meet conditions of approval or meet building code, even if Planning Division staff does not notice and signs off on building permit issuance, Division staff retains the right to obtain restoration of improvements as shown on an earlier land use review plan set in service of substantial conformance. G3. References: Attachment 201 serves as a dictionary or glossary defining certain abbreviations, acronyms, phrases, terms, and words in the context of the conditions of approval. The 200 series of attachments are as binding as the conditions of approval in the main body of the final decision. G4. Due dates / public improvements: a. When public street improvements, and any fees in lieu of public improvements, are due shall be per WDO 3.01.02E & F and 4.02.12 through Ordinance No. 2603 (LA 21-02) unless if and where a condition of approval has more restrictive timing:. The construction of all public improvements, their passing City inspections, and acceptance by the City are due no later than by either 5.01.06B in the context of land division final plat application to the City or by building permit issuance, except if the developer applies to the City through the Public Works Department for deferral and the City Administrator or designee issues a document approving and describing a bond or performance guarantee pursuant to Section 4.02.08. Administration of bonding and performance guarantees for improvements that are public defaults to the Public Works Department, and the department shall notify the Community Development Director of deferral applications and any approvals and conditions of approval. Fees in lieu of public improvements: Per Condition G6. b. Where changes to street addresses are necessary, the developer shall apply through the Planning Division for and obtain approval of an Address Assignment Request. This is due Addendum Attachment 104D June 23, 2022 Page 1 of 7 ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 43 of 57 prior to building permit application, and if property line adjustment or lot consolidation were to become relevant, then also after recordation with County. G5. Recordation due dates: The applicant shall apply to the County for recordations of items that the City requires no later than six 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. G6. Fees: The developer shall pay fees per Attachment 205, and fees in-lieu shall be per WDO 4.02.12 through Ordinance No. 2603 (LA 21-02) adopted June 13, 2022: a. Fees in-lieu are permissible if the Director allows, whether wholly in-lieu for one, some, or all of the kinds of required improvements or for some or all of a kind. a.b. Fees in lieu of public improvements are due before either building permit application or, when and where any of Partition or Subdivision Final Plat is involved, completion of recordation with the County, specifically no later than before a City official signs a plat or re-plat Mylar per Section 5.01.06C.1. A developer may request in writing to pay later, specifically by issuance of building permit, or if the Director allows, across issuance of two or more structural building permits for the subject development. G7. Demolition: Because the City through the Building Division now requires demolition permits, upon annexation and before beginning to demolish buildings or structures or demolishing more of them, consult the Permit Technician and apply for and obtain a permit or permits as applicable. G8. WDO version: Upon annexation, conformance to the Woodburn Development Ordinance (WDO) and conditions of approval references to the WDO shall be to the WDO as amended by Ordinance No. 2603 (Legislative Amendment LA 21-02) adopted June 13, 2022. G-PW. Public Works: Follow the appended PW comments (June 16, 2022); Attachment 102A). ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 44 of 57 Preliminary Subdivision 22-03 SUB-1. Expiration: Based on ORS 92.040(3), development per the Council land use final decision may continue 3 years past the decision date, the 3-year approval period being established by WDO 4.02.04 through Ordinance No. 2603 (LA 21-02) adopted June 13, 2022, and as follows: a. Final Plat: The developer shall apply to the City prior to applying to Marion County for recordation. Owl extending east across BFR from Dove Landing PUD to Nightingale shall continue its name. b. Recordation with Marion County: Same as WDO 5.01.06C.1. (within 30 calendar days of the Director’s signature on the plat Mylar). c. Vesting: The decision is vested unless: The developer fails to meet subdivision and PUD requirements, resulting in the City being unable to authorize staff to sign a final plat Mylar by July 1, 2027Regarding WDO 4.02.04B.1, if by 10 years past the final decision date there is no substantial construction as Section 1.02 defines following issuance of a building permit, the final decision shall expire and fail to vest.; or There is no substantial construction – as defined in 1.02 through Ordinance No. 2603 (LA 21-02) – by July 1, 2032Regarding subsection WDO 4.02.04B.2 as applies to Property Line Adjustment and Subdivision Final Plat Approval applications, the developer shall complete recordation no later than the land use expiration date. SUB-2. Documents: a. Geotech report: Prior to final plat approval by the City, the developer shall submit to the Director a geotechnical report documenting that, whether or not the developer spreads any fill or spoil dirt across lots and tracts, soil is compacted and ready to accommodate the construction of buildings on lots and tracts proposed for development. b. Easements: Per WDO 2.01.05A through Ordinance No. 2603 (LA 21-02) adopted June 13, 2022 shall be applicable, and , where any of extinguished, altered, or additional public easements are involved, the developer shall not apply for building permit until having completed recordations with the County and provided electronic copies of the recorded easement documents and drawings to the Director and the Public Works Director when and as any of them direct. The developer shall also follow Attachments 102A (Public Works) and 203, Part D. c. Plat: Upon recordation, the developer shall submit to PW and cc the Director copies of recorded documents per WDO 2.01.05 through Ordinance No. 2603 (LA 21-02) adopted June 13, 2022. ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 45 of 57 Planned Unit Development 22-02 PUD-PW. Stormwater management: Prior to civil engineering plan approval through CEP review, the applicant shall provide an Engineer Stamped Storm Drainage Hydraulic Analysis Report that existing private storm drainage systems have capacity to handle the additional flow from the Marion Pointe and ANX 2020-03 Dove Landing Planned Unit Developments (PUDs), and that the culvert/pipe under Olympic Street has capacity to handle a 100 year base flood event, and to provide a final 100 year floodway, floodplain, and wetland delineation for this development. The applicant is responsible for correcting any capacity deficiencies, including installing new or additional drainage systems, and/or attaining the right to increase stormwater flows into neighboring private stormwater systems. PUD-1. Mods: The City approves PUD modifications only as written in conditions of approval and the 200 series of attachments, particularly Attachment 202. Other modifications that site plans imply are subject to later administrative approval or denial by the Director. PUD-2. a. ROWs: For BFR and the proposed local class streets, the developer shall dedicate ROWs that meet or exceed the min widths necessary to conform to WDO Figures 3.01C & G. b. PUEs: The developer shall grant streetside PUEs that meet or exceed the min width and do not exceed the max pPer WDO 3.02.01 through Ordinance No. 2603 (LA 21-02) adopted June 13, 2022, a PUE shall be dedicated along each lot line or tract boundary abutting a public street at minimum width 5 feet and maximum width 8 ft. PUD-3. Frontage/street improvements: These shall be as follows and due per Condition G4a: a. BFR: Per WDO Fig. 3.01C except that planter strip shall be min 6½ ft wide inc. curb width. b. Olympic: Bridge or culvert crossing over Mill Creek tributary: Per WDO 3.01.03H through Ordinance No. 2603 (LA 21-02) adopted June 13, 2022, and: ROW: Required ROW shall remain such regardless of the physical width of the crossing. Parking: Any parking lane(s) required by the applicable cross section shall remain required. Sidewalk widths: A developer may omit from a bridge or culvert the street landscape strips, thereby resulting in curb-tight sidewalk, the minimum width of which shall be either 8 ft where there is to be no adjacent on-street parking or 9 ft ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 46 of 57 where there is to be. Wider width shall apply where ADA per WDO 3.01.03G applies such that it is required. Fence/railings: Where a street segment is a bridge or culvert crossing, and the public works construction code requires any pedestrian guardrail, handrail, fall protection railing, or safety railing, then it shall be decorative or ornamental (as examples, having an artistic pattern or resembling wrought iron), and a color other than black or charcoal. Any required fence at each end of railings shall be the same color(s). Bridge sides: If the bridge sides are concrete, the surface shall be stamped or treated to resemble either cut stone or rough stone. Elevation: Shall be such that the travel way and parking lanes wouldn’t flood during the 100-year flood. Sidewalks: min width 9 ft inc. curbing. Fencing/railings: Permissible colors are blue, bronze, brown, green, teal, metal, and rust color. (Black prohibited.) Design details are deferred to PUD Final Plan Approval process; refer to Condition PUD-11. c. Tract D: The developer shall grant to the City over the entire tract a public street easement. The easement shall allow for all purposes permitted by what would have been ROW dedication including construction of street improvements. One or more legal instruments that dedicates the easement shall contain text that the easement is revocable only with the written concurrence of both the Community Development Director and Public Works Director and by City Council action. (The objective is to have maintenance responsibility remain with a party other than the City.) d. Hazelnut: Per WDO Fig. 3.01G, except that the territory contiguous with Tax Lots 051W06DC00201 & 300, which is occupied by Hazelnut, shall be dedicated to the City as ROW. (Note: To not meet this condition part would require modification of condition [MOC] application and approval per WDO 4.02.07.) e. Planter strip remainder: Landscape the remainder area – the area remaining after street tree plantings – pPer WDO 3.01.04B through Ordinance No. 2603 (LA 21-02) adopted June 13, 2022, landscape strips shall have area remaining after street tree plantings landscaped with lawn grass or, if the Public Works Director in writing allows, a species of groundcover. Cobblestones, gravel, pebbles, and rocks are prohibited. Bark dust, mulch, or wood chips are permissible only within the immediate vicinity of a street tree trunk. The developer shall install landscape strip irrigation, and shall provide temporary irrigation during construction, per the public works construction code. f. Sidewalks: Min 6 ft wide except wider as Exhibit PUD-3f supersedes. BFR sidewalk southerly and two northerly dead-ends shall have ADA-compliant transitions spanning between sidewalk and road shoulder as the applicable public works authority specifies. The segment extending north from Hazelnut sidewalk may meander, including PUE ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 47 of 57 overlap, and taper to 6 ft through RPZs to save most of the loose row of trees along the road. Exhibit PUD-3f: Site Plan Sheet P-26 Sidewalks (blue: min 8 ft wide); see Attachment 103 for full size g. Overlap: The extra width of planter strip and sidewalk shall either overlap outside ROW into streetside PUE and come with a recorded legal instrument granting public access to the overlap to the satisfaction of the Public Works Director, or come with additional ROW to accommodate them. Wider sidewalks shall not narrow planter strips. h. Street trees: Min numbers equal to block frontage ratios per Exhibit PUD-3h: ---PAGE BREAK--- Marion Pointe ANX 22-02, PUD 22-02, etc. Staff Report Attachment 102 Page 48 of 57 Exhibit PUD-3h: Site Plan Sheet P-31 Street Tree Min No. (green: equal to 1 tree per 30 ft of block frontage) Along Magnolia, revise street trees from Capital pear to Magnolia grandiflora “Victoria” cultivar. Fee in-lieu shall be per Attachment 205. Landscape strips and street trees shall conform to WDO 3.01.04B (landscaping, irrigation) and 3.06.03A.3 (root barriers) through Ordinance 2603. i. Electric power lines: Electric power lines, whether in or beyond ROW, shall be buried. j. Traffic calming: A min number of pedestrian crossings along intersection legs shall be patterned poured concrete each min 8 ft wide: Magnolia & Nightingale, 3 legs: N/NE, E/SE, & S/SW; and Magnolia & Olympic: 2-3 legs: S/SW & whichever one or both of the E/SE or W/NW legs that would have a curb ramp along the top of the of the T-intersection. PUD-4. Streets, dead-end: Barricades/Signage: Based on WDO 3.01.05A.2b & c, the developer shall place: a. A barricade with sign at the south end of Nightingale; and b. A barricade at each of the north end of Nightingale the east end of Magnolia. Consult PW for a barricade detail, and no later than CEP show both it and a modified version with a sign in conformance with 3.01.05A.2c. Addendum Attachment 104D June 23, 2022 Page 7 of 7 ---PAGE BREAK--- ANX 22-02, PUD 22-02, etc. Staff Report / Final Decision Attachment 201 Page 1 of 3 ANX 22-02 Marion Pointe PUD: Attachment 201: Dictionary & Glossary This document defines and explains abbreviations, acronyms, phrases, and words particularly in the context of conditions of approval.  “ADA” refers to the federal Americans with Disabilities Act of 1990.  “BFR” refers to Boones Ferry Road, whether N. Boones Ferry Road or Boones Ferry Road NE.  “C of O” refers to building certificate of occupancy.  “CC&Rs” refers to covenants, conditions, and restrictions in the context of private contract among an association of owners and/or tenants within a PUD or a conventional subdivision with common area improvements.  “CEP” refers to civil engineering plan review, which is a review process independent of land use review led by the Community Development Department Planning Division and that is led by the Public Works Department Engineering Division through any application forms, fees, and review criteria as the Division might establish. A staff expectation is that CEP follows land use review and approval, that is, a final decision, and precedes building permit application.  “County” refers to Marion County.  “Director” refers to the Community Development Director.  “exc.” means excluding.  “ft” refers to feet.  “Hazelnut” refers to Hazelnut Drive.  “inc.” means including.  “max” means maximum.  “min” means minimum.  “Magnolia” refers to Magnolia Avenue, the proposed easterly-westerly street that connects with BFR.  “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).  “Nightingale” refers to Nightingale Drive, the proposed northerly-southerly street.  “NE means northeast.  “NW” means northwest.  “OAR” refers to Oregon Administrative Rules. ---PAGE BREAK--- ANX 22-02, PUD 22-02, etc. Staff Report / Final Decision Attachment 201 Page 2 of 3  refers to on-center spacing, such as of trees or shrubs.  “ODOT” refers to the Oregon Department of Transportation.  “OGA” refers to the Oregon Golf Association.  “Olympic” refers to Olympic Street and its proposed north extension.  “Owl” refers to Owl Avenue, an easterly-westerly street proposed to continue east across BFR from Dove Landing PUD into Marion Pointe to Nightingale.  “ORS” refers to Oregon Revised Statutes.  “PBPE” refers to a public bicycle/pedestrian easement that grants pedestrian and cyclist access along sidewalk that overlaps private property or along an off-street bicycle/pedestrian path on private property. It substitutes for a PUBPE.  “PLA” refers to property line adjustment.  “PU” refers to plant unit as WDO Table 3.06B describes.  “PUBPE” refers to a PUE adapted to grant pedestrian and cyclist access along sidewalk that overlaps private property (“streetside” PUBPE) or along an off-street bicycle/pedestrian path on private property (“off-street” PUBPE). A PBPE may substitute.  “PUD” refers to planned unit development.  “PUE” refers to public utility easement, whether along and abutting public ROW (“roadside” or “streetside” PUE) or extending into or across the interior of private property (“off-street” PUE). In the context of property line adjustment, partition, or subdivision, the developer records through the plat with drawings and notes on the face of the plat. Absent this context, recordation is separate from land use review pursuant to a document template or templates established by PW. PW is the project manager for receiving, reviewing, accepting, obtaining City Council approval for, and recording public easement materials that a developer submits.  “PW” refers to Public Works (the department) or on rare occasion public works (civil infrastructure) depending on context.  “RCWOD”, pronounced by City staff as “R quad”, refers to the Riparian Corridor and Wetlands Overlay District that WDO 2.05.05 describes.  “Root barrier” refers to that illustrated by PW SS&Ds, Drawing No. 1 “Street Tree Planting New Construction”.  “ROW” refers to right-of-way.  “RPZ” refers to root protection zone in the context of tree preservation.  “SDCs” refers to system development charges, also known as impact fees.  “SE” means southeast.  “SDA” refers to site development area, the entire territory that is the subject of the land use application package.  “sq ft” refers to square feet.  “SS&Ds” refers to PW standard specifications and drawings. ---PAGE BREAK--- ANX 22-02, PUD 22-02, etc. Staff Report / Final Decision Attachment 201 Page 3 of 3  “Street trees” refer to trees that conform to the WDO, including 3.06.03A and Tables 3.06B & C, and that have root barriers where applicable per PW Drawing No. 1 “Street Tree Planting New Construction”.  “SW” means southwest.  “Tot.” means total.  “TPU” means the Transit Plan Update Approved Final Report dated November 8, 2010.  “TDM” refers to transportation demand management, which means according to the TSP 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 Woodburn Transportation System Plan (TSP).  “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 Woodburn Development Ordinance.  “WFD” refers to the Woodburn Fire District.  “WTS” refers to the Woodburn Transit System.  “w/i” means within.  “w/o” means without.  “VCA” refers to vision clearance area as WDO 1.02 and 3.03.06 establish or as a specific condition establishes. ---PAGE BREAK--- ANX 22-02, PUD 22-02, etc. Staff Report / Final Decision Attachment 202 Page 1 of 5 ANX 22-02 Marion Pointe PUD: Attachment 202: Lot & Tract Development Standards Introduction This attachment establishes PUD lot and tract development standards and could serve as a standalone document for both homebuilders and Planning Division review of building permits assuming the developer will have constructed or paid fees in-lieu for all public improvements (if such fees are due earlier than building permit issuance), obtained final plat approval by the City, have had the Director sign the Mylar, and recorded the plat. “WDO” refers to the Woodburn Development Ordinance. Refer to Attachment 201 for a dictionary/glossary, including other acronyms and abbreviations. For improvements that the City requires of tracts, see Attachment 203. Part A. Lot Development Standards Table Table 202A. PUD 22-02 Marion Pointe PUD Lot Development Standards Lot Area, Minimum (square feet) Interior, flag or cul-de-sac lot 3,700 1 Corner lot Single-family dwelling 6,200 1 Child care facility or group home 2 Per WDO Middle housing: duplex, triplex, quadplex, townhouse, or cottage cluster Same as required for single- family dwelling Any other use Per WDO Lot Width, Minimum (feet) Interior, flag or cul-de-sac lot 40 Corner lot 50 Lot Depth, Average (feet) Interior, flag or cul-de-sac lot 50 Corner lot Per WDO Street Frontage Minimum (feet) Interior or cul-de-sac lot Per WDO Corner lot Dwelling Per WDO, except min capped at 40 Table 202A cont. ---PAGE BREAK--- ANX 22-02, PUD 22-02, etc. Staff Report / Final Decision Attachment 202 Page 2 of 5 Any other use Per WDO Flag lot Per each pole if poles of adjacent flag lots are paired: 7½ 12 Per independent pole: 11 12 Residential Density, Minimum (units per net acre) 7.1 Front Setback and Setback Abutting a Street, Minimum (feet) – excluding garage and carport 3, 5 Other than corner lot 15 Corner lot 15 with second frontage 10 Setback Abutting an Alley, Minimum (feet) – excluding garage and carport Either zero or where there is a required alleyside PUE then 5 Side Setback, Minimum (feet) – excluding garage Primary structure Per WDO Accessory structure Per WDO Rear Setback, Average (feet) Primary structure Other than flag lot 15 7, 11 Flag lot Yard closest to street; rear Yard closest to street: 12 from the lot line parallel to the street 7, 11; Rear: 12 Rear 12 7, 11 Sides 5 11 Accessory structure Per WDO Garage and carport setback, Minimum (feet) Per WDO Table 3.07A. Setback to a streetside porch or roofed patio, Minimum (feet) Per WDO Table 2.02G. A maximum setback is not applicable to flag lots. Setback to a Private Access Easement, Minimum (feet) 1 Lot Coverage, Maximum (percent) 51.1 Building Height, Maximum (feet) Primary structure Per WDO Features not used for habitation Per WDO ---PAGE BREAK--- ANX 22-02, PUD 22-02, etc. Staff Report / Final Decision Attachment 202 Page 3 of 5 Accessory structure Per WDO 1. Per WDO Table 2.02B Footnote 1 2. Per WDO Table 2.02B Footnote 2 3. Is not applicable to through lots to the lot lines along N. Boones Ferry Road (BFR). 5. Regarding flag lots, a front setback applies to only to the pole frontage. A flag is considered to have three sides and a rear. 7. Per WDO Table 2.02B Footnote 7 11. Encroachments and projections into setback minimums remain permissible per WDO 3.03.03, 04, & 05. 12. Where flag lot poles adjoin to share a driveway and driveway approach / apron / curb cut / ramp (“shared rear lane”), public shared access easement shall be per WDO 3.04.01A.2 and/or A.4 as well as 3.04.03D.1. Shared utilities might necessitate a wider public easement than that necessary for vehicular access only; refer to WDO 3.02.01C. ---PAGE BREAK--- ANX 22-02, PUD 22-02, etc. Staff Report / Final Decision Attachment 202 Page 4 of 5 Part B. Related Development Standards Table Table 202B. PUD 22-02 Marion Pointe PUD Related Development Standards Architecture Per WDO 3.07.02 through by Ordinance No. 2603 (LA 21-02) adopted June 13, 2022, except Table 3.07A item P1 is not available for optional points. Driveways Approach / apron / curb cut Per WDO through by Ordinance No. 2603 (LA 21- 02) adopted June 13, 2022. Throat / portion outside ROW Per WDO through by Ordinance No. 2603 (LA 21- 02) adopted June 13, 2022. Access Lots 21, 24, 25, 28, 29, 32, 38, 41, 42, 45, 46, & 49 are prohibited from having their own driveways along the street and shall take access from the shared driveway along an adjacent flag lot pole. To facilitate such, these lots are exempt from any parking pad requirement. Parking spaces/stalls Ratio Per WDO Table 3.05A Parking pad (WDO 3.05.03F.1b) Number, Minimum Per WDO 3.05.03F.1b. The parking pad requirement is not applicable to flag lots. Dimensions, Minimum Stalls within a garage and/or carport Number, Minimum 2, either both garaged or as both a carport and garage on the same lot. Dimensions, Minimum Per WDO Table 3.05B, footnote 6. The 5-ft parking setback of WDO 3.05.02E does not apply. ---PAGE BREAK--- ANX 22-02, PUD 22-02, etc. Staff Report / Final Decision Attachment 202 Page 5 of 5 Part C. Tract Development Standards 1. Driveway approaches / aprons / curb cuts / ramps: max 10 ft wide. 2. Fencing: Stormwater facilities: If any fencing proposed for such facilities, max 3½ ft high and w/ the coating (required for fencing per WDO 2.06.02D.2) any of blue, bronze, brown, green, teal, metal, or rust color. (Black prohibited.) By PUD modification of 2.06.02D.2, slats aren’t required. 3. Tracts: Any retaining walls shall conform to 3.06.05C as a standard. 4. Golf cart path: If PW during CEP allows a golf cart path in lieu of direct access to and from Magnolia and possibly additional streets, the path shall be: a. Min 1 ft away from the southerly edge of the Magnolia sidewalk as a buffer. b. The resulting buffer area shall be planted with mostly groundcover and some lawn grass. c. Groundcover shall each be min number equal to average spacing of 1 plant per 3 ft of buffer length. d. The design details resulting from a golf cart path deflecting northerly to street corners and its crossing of Olympic or any street, if any, is deferred to CEP and remains up to PW to decide whether to allow and, if it were to allow, to regulate. 5. Tract C is limited to one driveway approach / apron / curb cut / ramp (to serve the stormwater facility). 6. Subdivision identification sign: Tract I subdivision identification monument or wall sign maximum height shall be 6 ft above grade. Part D. VCA WDO 3.03.06 is hereby modified such that: 1. The alley part of Fig 3.03A shall apply to alleys except that VCA triangles shall measure min 5 by 5 ft. 2. Regarding the street corner part of Fig. 3.03A, VCA triangles shall measure min 15 by 15 ft. Part E. Lighting: 1. Shall conform to WDO 3.11. 2. The Planning Division may require inspection to be scheduled evening or night. ---PAGE BREAK--- ANX 22-02, PUD 22-02, etc. Staff Report / Final Decision Attachment 203 Page 1 of 6 ANX 22-02 Marion Pointe PUD: Attachment 203: Common Area Improvements & Public Easements Introduction This attachment establishes PUD common area tract improvements and types and placements of public easements. Refer to Attachment 201 for a dictionary/glossary, including other acronyms and abbreviations. For lot and tract development standards, see Attachment 202. Part A. Common area improvements: Amenities / appurtenances / street furniture / support facilities The mins of the improvement types are per Table 203A below: Table 203A. Common Area Improvements Improvement Type Number Placements Details Benches 7 Tract A: 1, w/i 8 ft of ROW Place along paths and sidewalks, set back 2 ft min, and on at least 6 by 4 ft of asphalt, brick, concrete pavers, or poured concrete. If brick or pavers, pour concrete for bench post footings. 6 ft width min; 75% min of them having backs. The recommended model (with back) is per WDO interpretation memo INT 22-0608. For Tracts D, E, & G, this model is the standard. Tract D: 1 Tract E: 2 (1 each paved path) Tract G: 1 (path south side) Tract H: 1, w/i 8 ft of ROW Picnic bench 2 Tract A: 1 1 under a shelter (as required for Tract A or Min 1 shall be ADA- accessible from a sidewalk or path other than a golf cart path. The recommended model (with back) is per WDO interpretation memo INT 22-0608. For Tract E, this model is the standard. Tract E: 1 ---PAGE BREAK--- ANX 22-02, PUD 22-02, etc. Staff Report / Final Decision Attachment 203 Page 2 of 6 Table 203A. Common Area Improvements Improvement Type Number Placements Details Bicycle parking 4 (2 U- racks) Tract A: 2 (w/i 12 ft of ROW) For Tract A, the recommended model is per WDO interpretation memo INT 22-0608. See OCE parks and recreation catalog. For Tract E, this model is the standard. See the memo for remaining specs. Tract E: 2 Dog waste stations 3 Tract A: 1 Tract E: 1 Either Tract G or H: 1 The model shall be per WDO interpretation memo INT 22-0608. For Tracts E & H, this model is the standard. Shelter 1 Either Tract A or E: 1 A gazebo, pavilion, or shelter min 12 by 12 ft and with min 10 ft height clearance. If a shelter floor level is at grade, place an ADA-compliant picnic bench; the recommended model is per WDO interpretation memo INT 22-0608. Provide a walkway min 4 ft wide between each shelter and any of a sidewalk or path other than a golf cart path. Walkway may be flush with a golf cart path if distinguished with any of concrete or (ii) hatch pattern thermoplastic striping of walkway asphalt. Trash receptacles 3 Tract A: 1 Tract E: 1 Either Tract G or H: 1 The recommended model is per WDO interpretation memo INT 22- 0608. For Tract E, this model is the standard. Administrative minor adjustment by the Director to common area improvement location or placement is permissible. Part B. Common area landscaping: 1. Bark dust: 5.0% max of landscaped area may be bark dust or wood chip. 2. Evergreen: 8 min of trees new to the site and outside of ROW. The 8 shall be 1 min of the following coniferous or evergreen species: Cedar, Western Red Madrone, Pacific Douglas-Fir Oak, Oregon White Fir, Grand Pine, Ponderosa; and ---PAGE BREAK--- ANX 22-02, PUD 22-02, etc. Staff Report / Final Decision Attachment 203 Page 3 of 6 Hemlock, Western Yew, Pacific 3. Screening: Evergreen hedge or shrubbery shall be screen at-grade electrical and mechanical equipment along their sides, excepting the side intended for technician access. 4. Complementary trees: A row of trees shall complement and be offset from street trees, planted within 5-14 ft of ROW. 4 min shall be one or more species other than maple. Tract Tree Min No. A 9 C 8 D 4 (2 as proposed near Olympic, plus 2, 1 each centered within where north and south street stub landscape strips would have been) E 14 G 4 (2 as proposed near Nightingale, plus 2 along bicycle/pedestrian path south side) H 4 Part C. Paths Bicycle/pedestrian paths: As proposed, Tracts E & G shall have an off-street bicycle/pedestrian path or multi-use path follows: Table 203C. Paths Tract Path Min Width (ft) Placement Pavement Construction Shoulders & Furniture Zones Reference D 6 Same as where street stub north and south sidewalks would have been relative to centerline, plus east end connecting segment, forming a rectangular loop. Same specifications as for sidewalk per public works construction code. “Path D” E 10 As proposed: south yard. Per WDO interpretation memo INT 22-0608 “Path E1” ---PAGE BREAK--- ANX 22-02, PUD 22-02, etc. Staff Report / Final Decision Attachment 203 Page 4 of 6 Table 203C. Paths Tract Path Min Width (ft) Placement Pavement Construction Shoulders & Furniture Zones Reference 3 Just south of RCWOD south boundary, meandering along the boundary. Bark dust, hazelnut shells, or wood chips min 4 inches deep. n/a n/a “Path E2” G 10 As proposed: south yard. Per WDO interpretation memo INT 22-0608 “Path G” Part D. Public Easements In addition to standard streetside PUEs per WDO 3.02.01, based on WDO 3.02.01C the developer shall dedicate public easements as follows: Table 203D. Public Easements Locations Types Details Wherever sidewalk overlaps area where streetside PUE would be Either a streetside PBPE or streetside PUBPE - Note: See Attachment 201 for dictionary/glossary including acronyms. Tract A and/or B Off-street PUE Min 16 ft wide along any of Tract A north boundary, Tract A east boundary, straddling common boundary line of Tracts A & B, or along Tract B east boundary. Tract C Either two easements, a watercourse easement and a PUBPE, or a consolidated easement serving the functions of both and covering the larger area. For watercourse: Per WDO 3.02.02A, or, if the min. width/area is unclear, default to the same area as the RCWOD. For PUBPE: Same area as the RCWOD. Tract E Either two easements, a watercourse easement and an off-street PUBPE, or a consolidated easement serving the functions of both and One the same area as the RCWOD. (Surveyor may substitute with adapted watercourse easement.) A second one min 16 ft wide along south tract boundary. ---PAGE BREAK--- ANX 22-02, PUD 22-02, etc. Staff Report / Final Decision Attachment 203 Page 5 of 6 Table 203D. Public Easements Locations Types Details covering the larger required area. Also, provide an additional, separate off- street PUBPE. The additional, separate PUBPE is min 16 ft wide along the south tract boundary. Tract F Off-street PUE Min 16 ft wide Tract G Off-street PUBPE Min 16 ft wide along south tract boundary Tract H: Westerly boundary Either an easement allowing installation of a public bus shelter and pad to extend beyond ROW, or some other easement type such as a PUBPE adapted to serve this function. Absent direction by PW, default to a PUE total min width of either 16 ft along both tract westerly and northerly boundaries or entire width of tract, whichever is narrower. Golf course: Along the piped tributary of Mill Creek, west of the east golf cart path Off-street PUE Min 16 ft wide centered along the pipe. [WDO 3.02.02C] Golf course: Along the open channel tributary of Mill Creek, east of the east golf cart path Watercourse easement Per WDO 3.02.02A, or, if the min width/area is unclear, default to the same area as the RCWOD. Flag lot adjacent poles with shared driveways (“shared rear lane”) Public access and utility easement(s) Public access: Per WDO 3.04.01A.2 and/or A.4. Utilities: Per WDO 3.02.01C. Various PUE Wherever PW requires. Part E. Association / HOA To meet WDO 3.09.09, there shall be an association of owners and/or tenants as follows: 1. Prior to conveying land ownership of any tract, the developer shall establish an association, such as homeowners association (HOA), pursuant to ORS 94 and other applicable statutes. ---PAGE BREAK--- ANX 22-02, PUD 22-02, etc. Staff Report / Final Decision Attachment 203 Page 6 of 6 2. The association shall assume maintenance of improvements on common area tracts, inc. stormwater facilities; repair, replace, and restore improvements; identify and make clear to owners association duties; and levy assessments to owners in a fair, transparent, and written way. (If the association ceases to exist resulting in a tract or tracts no longer having an existing owner for a year or more based on the Oregon Secretary of State Corporation Division business registry, and where this provision does not conflict with ORS or OAR, the City shall have right of first refusal to acquire the property in coordination with the Marion County Assessor’s Office.) 3. Golf carts on public streets: Association documents applying to the Marion Pointe PUD shall make owners or occupants eligible for membership in or the use of one or more golf courses within the development by virtue of ownership or occupancy of a residential dwelling unit in the development. (This facilitates City regulation of golf cart access to public streets per ORS 810.070.) 4. “Middle Housing”: The association documents shall cite and comply with enrolled Oregon House Bill 2001 (HB 2001) (2019), Sect. 13 10). 5. Abandonment/dissolution: The association documents shall include a provision that the start of any attempt to dissolve the HOA must include written notice delivered or mailed to the City c/o Assistant City Administrator. (This is to alert the City that the HOA is abandoning its stormwater facility and open space maintenance responsibilities.) They shall also include a provision that would result, were the Oregon Secretary of State Corporation Division to issue written warning of pending administrative dissolution, in the City receiving notice as well as the HOA. 6. Documents: The developer shall provide copies of articles of incorporation, bylaws, and CC&Rs for the association to the Assistant City Attorney and Director for review upon final plat application to the City or earlier if ORS 94.565(2) requires. Bylaws and/or CC&Rs shall describe the responsibilities of the association to maintain common area improvements, and bylaws and CC&Rs shall reiterate that because of ORS 94.626, any dissolution would not also dissolve obligations. To this end, the corporation shall comply with applicable statutes and the administrative rules of the Oregon Secretary of State Corporation Division. The above would continue to apply were the developer to either establish multiple associations or make use of an existing association related to adjacent existing development. The developer shall provide copies of articles of incorporation, bylaws, and CC&Rs for the multiple associations or these documents amended to conform to conditions of approval. ---PAGE BREAK--- ANX 22-02, PUD 22-02, etc. Staff Report / Final Decision Attachment 204 Page 1 of 6 ANX 22-02 Marion Pointe PUD: Attachment 204: Tree Preservation & Protection and Environmental Remediation Part A. Tree preservation 1. On-site: Development shall preserve Tree 13296 along the Lot 65 rear lot line, contingent per both Sheet P-14 and the application materials Exhibit M February 11, 2022 arborist memo having mentioned preservation is situational and premised on arborist examination during construction. Were the arborist at that time to recommend removal, the developer or homebuilder may remove the tree and shall pay a fee in-lieu per Attachment 205. 2. Protection during construction: The developer shall follow Attachment 204, Part B. Part B. Tree preservation During Construction Tree preservation: Protection during construction: The applicant shall protect the preserved trees pursuant similar to City of Portland Title 11.60.030, specifically either the subsections set of C.1.a.(1), and C.1.b., & f. (clear and objective) and or, the subsections set of C.2.a., & d.-f. (arborist’s discretion) and D. as modified below and shall do so between Design Review approval and issuance of certificate of occupancy (C of C. Protection methods. The Tree Plan shall show that the contractor adequately protects trees to be preserved during construction using one of the methods described below: 1. Clear & Objective Path. a. A root protection zone is established as follows: For trees on the development site - a minimum of 1 foot radius (measured horizontally away from the face of the tree trunk) for each inch of tree diameter (see Figure 80-2) Figure 80-2 Root Protection Zone ---PAGE BREAK--- ANX 22-02, PUD 22-02, etc. Staff Report / Final Decision Attachment 204 Page 2 of 6 Existing encroachments into the root protection zone, including structures, paved surfaces and utilities, may remain. New encroachments into the root protection zone are allowed provided: the area of all new encroachments is less than 25 percent of the remaining root protection zone area when existing encroachments are subtracted; and no new encroachment is closer than 1/2 the required radius distance (see Figure 60-1); ---PAGE BREAK--- ANX 22-02, PUD 22-02, etc. Staff Report / Final Decision Attachment 204 Page 3 of 6 Figure 60-1 Permissible RPZ Encroachments b. Protection fencing Protection fencing consisting of a minimum 6-foot high metal chain link construction fence, secured with 2-foot metal posts shall be established at the edge of the root protection zone and permissible encroachment area on the development site. Existing structures and/or existing secured fencing at least 3½ feet tall can serve as the required protective fencing. ---PAGE BREAK--- ANX 22-02, PUD 22-02, etc. Staff Report / Final Decision Attachment 204 Page 4 of 6 When a root protection zone extends beyond the development site, protection fencing is not required to extend beyond the development site. Existing structures and/or existing secured fencing at least 3½ feet tall can serve as the required protective fencing. e. The following is prohibited within the root protection zone of each tree or outside the limits of the development impact area: ground disturbance or construction activity including vehicle or equipment access (but excluding access on existing streets or driveways), storage of equipment or materials including soil, temporary or permanent stockpiling, proposed buildings, impervious surfaces, underground utilities, excavation or fill, trenching or other work activities; and f. The fence shall be installed before any ground disturbing activities including clearing and grading, or construction starts; and shall remain in place until final inspection by Planning Division staff. 2. Arborist’s Discretion. When the prescriptive path is not practicable, the applicant may propose alternative measures to modify the clear and objective root protection zone (RPZ), provided the following standards are met: a. The alternative RPZ is prepared by an arborist who has visited the site and examined the specific tree’s size, location, and extent of root cover, evaluated the tree’s tolerance to construction impact based on its species and health, identified any past impacts that have occurred within the root zone, and forwarded a report through the developer to Planning Division staff; b. The arborist has prepared a plan providing the rationale used to demonstrate that the alternate method provides an adequate level of protection based on the findings from the site visit described above; ---PAGE BREAK--- ANX 22-02, PUD 22-02, etc. Staff Report / Final Decision Attachment 204 Page 5 of 6 d. If the alternative methods require the arborist be on site during construction activity, the applicant shall submit a copy of the contract for those services prior to permit issuance and a final report from the arborist documenting the inspections and verifying the viability of the tree(s) prior to final inspection by the Planning Division; e. If the alternative tree protection method involves alternative construction techniques, an explanation of the techniques and materials used shall be submitted; f. The arborist shall sign the tree preservation and protection plan and include contact information. D. Changes to tree protection. Changes to the tree protection measures during the course of the development may be approved as a revision to a permit provided that the change is not the result of an unauthorized encroachment into a root protection zone (RPZ), and the applicant demonstrates that the tree protection standards of this Section continue to be met. When an unauthorized encroachment has occurred, the City may pursue an enforcement action or other remedy. Part C. Environmental Remediation 1. Invasive plant removal: This applies to all tracts and where the RCWOD overlaps the golf course lot. The developer shall eradicate invasive creepers, groundcover, shrubbery, vines, and weeds that might exist, at min. any of the following species: Himalaya blackberry (Rubus armeniacus) English ivy (Hedera helix) Common reed (Phragmites australis) Giant hogweed (Heracleum mantegazzianum) Gorse (Ulex europaeus) Kudzu (Pueraria lobata) Old man's beard (Clematis vitalba) Ribbongrass (Phalaris arundinacea var. Picta) Water primrose (Ludwigia hexapetala, peploides) Yellow flag or yellow water iris (Iris pseudacorus) 2. Grass: Within the RCWOD, where removal of invasive plants or the unintended effect of nearby construction results in bare ground, plant lawn grass, wild grass, or a combination. 3. Other plants: Within the RCWOD area where it overlaps Tracts C & E, plant min 20 PUs of any of the following four Trillium species: albidum ‘J.D.Freeman’, chloropetalum (giant trillium), ovatum ‘Pursh’ (common name wake robin), kurabayashii ‘J.D.Freeman‘ (large purple wake robin), and petiolatum ‘Pursh’. Also plant 80 PUs of any min 3 non- invasive species of shrubbery most likely to attract honeybees, having identified such species on a landscape plan. ---PAGE BREAK--- ANX 22-02, PUD 22-02, etc. Staff Report / Final Decision Attachment 204 Page 6 of 6 4. Trees: Number: Within the RCWOD area where it overlaps Tracts C & E, plant a min number of trees that, combined with existing trees, is a number equal to 1 per 15 ft of Mill Creek tributary centerline distance. Placement: These RCWOD trees shall be placed within a 5-ft band inside of each of the northerly and southerly RCWOD boundaries, and have distribution approximate average o.c. spacing of 1 tree every 30 ft across the four bands (The RCWOD north and south bands on Tracts C & E each). Species: This applies to all tracts. Have 10.0% min. of existing and additional trees combined be coniferous/evergreen. WDO Table 3.06C is hereby modified by PUD to allow anywhere within the SDA (outside of ROW) any tree species that isn’t invasive. A number of street trees may be coniferous/evergreen if and where PW allows during CEP, and were this to happen, such trees may count towards the min percentage. ---PAGE BREAK--- ANX 22-02, PUD 22-02, etc. Staff Report / Final Decision Attachment 205 Page 1 of 3 ANX 22-02 Marion Pointe PUD: Attachment 205: Conditioned Fees All of the following conditioned fees are due as applicable, whether or not mentioned directly by a condition of approval. Refer to Condition G3 and/or Attachment 201 for a dictionary/glossary, including acronyms and shorthand text. Part A. Fee Provisions 1. Any and all conditioned fees are in addition to, and not in place or as discounts of, any existing charge or fee however termed ordinarily assessed based on any existing ordinance, resolution, or administrative policy, inc. adopted fee schedules. If and when the City amends any ordinance, resolution, or administrative policy, inc. a fee schedule, to increase a charge or fee that is the same kind of charge or fee that is conditioned, the amended charge or fee amount would exceed the amount conditioned, and the increase takes effect before the conditioned fee is due, then the developer shall pay the greater amount. 2. Payments of conditioned fees shall reference a final decision case file number and the condition of approval letter/number designation, be it in a check memo field or through a cover or transmittal letter. 3. For fees due by building permit issuance, a developer may request the Director to allocate payments the same as allowed for fees in-lieu by WDO 4.02.12A.2 through Ordinance No. 2603 (LA 21-02) adopted June 13, 2022, specifically, to pay across issuance of two or more structural building permits for the subject development. For all administrative and logistical questions about payment of land use conditioned fees outside the context of assessment and payment through building permit, the developer is to contact the Administrative Assistant at (503) 982-5246 and refer to this attachment within the ANX 22-02 Marion Pointe PUD final decision. For payment method policy details, the developer is to contact the Finance Department at (503) 982-5222, option zero, for payment method policy details. ---PAGE BREAK--- ANX 22-02, PUD 22-02, etc. Staff Report / Final Decision Attachment 205 Page 2 of 3 Part B. Fee Table Table 205. Fee Table Condition Reference Fee Type Amount Context Timing Staff Tracking: T-A Transportation: Automotive: TSP signal timing study or studies $15,840 Proportionate share of the TSP Projects R8, R9, & R11 32+). (ANX 2020-03 Dove Landing PUD pays remaining share.) Building permit issuance PUD-3 Street tree fee in-lieu for street trees omitted through civil engineering plan (CEP) review, or, inspection missing tree fee $950 per tree Applies to omitted street trees, or, ones missing from required number upon inspection If CEP context, then by building permit issuance; if in inspection context, then prior to passing final inspection / obtaining certificate of occupancy PUD-5 Significant Tree 12610 removal $1,900 Tree 12610 removal from BFR east side Building permit issuance Significant Tree 13296 removal $1,900 Tree 13296 removal from Lot 65, if and after removal justified per conditions Building permit issuance or passing of final inspection Tree removal $246 per tree assessed at min 18 trees Removal of trees from along BFR east side near NE corner of BFR & Hazelnut Building permit issuance PUD-13 Dove Landing PUD public park land improvement fee By year of assessment: 2022: $100,000 2023: $103,000 2024: $106,090 or 2025 or later: $109,273 The developer of Dove Landing PUD, which is west across BFR, conveyed/dedicated/deeded to the City public park land. Fee towards park improvements. Building permit issuance T-BP Wayfinding signage fee in-lieu $1,500 per location Regardless of number of sign faces that would’ve been at the location Building permit issuance ---PAGE BREAK--- ANX 22-02, PUD 22-02, etc. Staff Report / Final Decision Attachment 205 Page 3 of 3 Table 205. Fee Table Condition Reference Fee Type Amount Context Timing Staff Tracking: T-T1 Bus shelter fee in-lieu By year of assessment: 2022: $13,214 2023: $13,610 2024: $14,018 or 2025 or later: $14,439 See condition. Building permit issuance T-T2 Bus stop bicycle parking fee in-lieu $510.20 per location See condition. Building permit issuance T-T3 Bus service $290 per dwelling For City bus service Building permit issuance per each dwelling G6 through this Attachment 205 Public Works Dept. civil engineering plan (CEP) review: Review by Planning Division $250; $346 Original/1st submittal; each subsequent inc. deferral/piecemeal Upon CEP application to Public Works Dept. (PW) Inspections by Planning Division $75; $346 1st inspection or each subsequent Inspection requests related to public (street) improvements and building permits G6 through this Attachment 205 Bond / bonding / performance guarantee: Specifically any that would allow or allows the developer to delay construction of street improvements beyond building permit issuance, with the exceptions of sidewalk along individual dwelling lots and street trees. $4,474 Serves as bond application / review request min fee and isn’t a bond amount itself. Fee not applicable to warranty bonds or ordinary construction bonds if they do not authorize delay of construction of street improvements beyond building permit issuance. (See WDO 3.01.02E through Ordinance No. 2603 [LA 21- 02] adopted June 13, 2022.) If CEP context, then payment (through Planning Division) upon CEP application to PW; if developer applies for building permit review and there has been no CEP application to PW, then building permit issuance