Document Woodburn_doc_2fb416acfd

Final Decision Type II Staff Report: Preliminary Partition File number(s): PAR 2020-04 Related files: PLA 2019-02; ANX 2017-05, PP 2017-01, PUD 2017-01, & SUB 2017-01 (collectively known as “Smith Creek Development”) Project name: Smith Creek Development Phase 1B Partition Date of decision: July 20, 2020 Date of mailing: July 21, 2020 Applicant: Yvonne Thomas, Manager, Hazel M. Smith Properties, LLC Landowner: Hazel M. Smith Properties LLC Site location: Parcel 1 of Partition Plat 2019-063 [no assigned address]; north of Parr Road and west of Parr Acres manufactured home park Tax Lot(s): 052W13 00111 ---PAGE BREAK--- PAR 2020-04 Staff Report as Final Decision Page 2 of 16 Summary: The subject property is approximately 8.88 acres, west of the Parr Acres manufactured home park along Parr Road. There is no assigned address to the lot. The applicant applied for Preliminary Partition PAR 2020-04 in order to partition the lot into two parcels. Background The property owner through Stafford Land Company and Ordinance No. 2565 (2018) annexed territory including the subject property and obtained approval of a planned unit development (PUD), preliminary subdivision, and ancillary applications for the Smith Creek Development via the Final Order of November 14, 2018. The approval included a phasing plan (Attachment 104) covering nine phases, as illustrated below in blue dashed lines: Smith Creek Development Phasing Plan Via previous City application PLA 2019-02, the property owner received approval to adjust property lines of three existing lots to align with the boundaries of Phases 1B, 3A, and 4A. The subject property of this application matches Phase 1B, as seen on both the above Phasing Plan and through the excerpt of Final Order Exhibit Y-1 Proposed Public Lands Plan (Attachment 103) on the following page. ---PAGE BREAK--- PAR 2020-04 Staff Report as Final Decision Page 3 of 16 Excerpt of Smith Creek Development Exhibit Y-1 Proposed Public Land, Phase 1B outlined in solid red The applicant is applying through this PAR 2020-04 for City approval to partition the property into two lots. The Parcel 1 boundaries match the green public area north of Kirksey Street in Phase 1B, while Parcel 2 is the remainder of the property south and east of Kirksey Street (the white area labeled “MIXED USE PUD” in the image above). No development or establishment of any new land uses is proposed as part of this partition. Condition PAR-3 memorializes this understanding and that this PAR in no way abrogates or supersedes the Smith Creek Final Order conditions of approval. The application submittal date is May 8, 2020, the completeness date is May 19, 2020, and the 120th day deadline for final action per Oregon Revised Statutes (ORS) 92.105 and 227.178 would have been September 16, 2020. Section references are to the Woodburn Development Ordinance (WDO). Staff finds that the application meets WDO provisions or can meet them with conditions and approves it with conditions. The next step is a final partition application per 5.01.06; see Note to the Applicant 1. Because it is a Type II administrative approval requiring no public hearing, this staff report serves as both a preliminary partition approval and public notice of final decision to owners of property within 250 feet of the subject property. ---PAGE BREAK--- PAR 2020-04 Staff Report as Final Decision Page 4 of 16 Conditions of Approval G1. References: The descriptions below define certain words, phrases, and assumptions in the context of the conditions of approval: • “ADA” refers to the federal Americans with Disabilities Act of 1990. • “County” refers to Marion County. • “ft” refers to feet. • “Final Order” refers to the Smith Creek Development Final Order document dated November 14, 2018. • “ORS” refers to Oregon Revised Statutes. • Parcels & are the northerly and southerly ones respectively, and each may be referred to as “lot”. • “PUE” refers to public utility easement. • “ROW” refers to right-of-way. • “Street trees” refer to trees that conform to the WDO, including 3.06.03A and Tables 3.06B & C. • “WDO” refers to the Woodburn Development Ordinance. G2. Prior to the City approving a Partition Final Plat Approval application submitted by the applicant to the City, the applicant shall obtain from the Public Works Department and provide a copy of the approved civil engineering plans for public improvements required by this Preliminary Partition final decision. G3. 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 is through a civil engineering plans review process led by the Public Works Department Engineering Division. 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 G2). 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”. Additionally, submit Adobe PDF copies of plan sets. ---PAGE BREAK--- PAR 2020-04 Staff Report as Final Decision Page 5 of 16 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 shall pay through the Planning Division into City general revenue a fee of $100. G-PW. Public Works: Follow the attached "Public Works Conditions July 6, 2020" (Attachment 102A). PAR-1. Next Step: The applicant shall submit to the City an application for Partition Final Plat Approval per WDO 5.01.06 with materials prepared consistent with ORS 92 and County Surveyor standards. PAR-2. Recording: Upon City issuance of a Partition Final Plat Approval pursuant to WDO 5.01.06, the applicant shall record the City-approved final plat with the County and do so prior to either applying to the City for building permit or the expiration of this Preliminary Partition final decision per WDO 4.02.04, whichever is earlier. PAR-3. Relationship to Smith Creek Development: Approval of Preliminary Partition 2020-04 does not abrogate or supersede any conditions of approval in the Final Order that included Preliminary Subdivision SUB 2017-01. PAR-4. Frontage/public/street improvements: Per WDO 3.01 and 3.02.01, the applicant shall obtain civil engineering plans approval for and construct and obtain City inspection and acceptance of the following dedications and improvements: a. Kirksey Street: Dedication of 60 ft of ROW following the alignment of Kirksey Street in the Final Order; Dedication of 5-ft PUEs along Kirksey Street ROW on Parcels 1 and 2; Construction of a local residential street per WDO Figure 3.01G; Construction of a 7-ft landscape strip (including curb) per WDO Figure 3.01G, planted with small street trees per WDO 3.06.03A, Table 3.06B, and Table 3.06C, except as modified by Condition PUD-9.c., subsections 1.i. & iii. on page 58 of the Final Order; Construction of a 6-ft property line sidewalk per WDO Figure 3.01G, including ADA-compliant curb ramps that transition the sidewalk to the Sawtelle Drive crossing; Construction of stamped crosswalks per Condition PUD-10.a. of the Final Order; and To be consistent with the objective of Final Order Exhibit Y-1, dedicate Parcel 1 to the City of Woodburn. b. Parr Road: Dedication of a 5-ft PUE along Parr Road ROW of Parcel 2, including language for public sidewalk access per Condition PUD-4 on pages 54-56 of the Final Order; ---PAGE BREAK--- PAR 2020-04 Staff Report as Final Decision Page 6 of 16 Construction of a 6-ft landscape strip (including curb) per WDO Figure 3.01D, planted with medium street trees per WDO 3.06.03A, Table 3.06B, and Table 3.06C, except as modified by Condition PUD-9.c. of the Final Order; Construction of a 12-ft property line sidewalk per Exhibit C-11A of the Final Order, including ADA-compliant curb ramps that transition the sidewalk to the Kirksey Street crossing; Construction of a stamped crosswalk per Condition PUD-10.a. of the Final Order; and Construction of a mid-block crossing of Parr Road per Condition T-BP4 on page 67 of the Final Order. c. The legal dedications outlined in a. and b. above shall be accomplished via recordation of the partition plat. d. The physical improvements outlined in a. and b. above are due prior to Partition Final Plat Approval by the City. ---PAGE BREAK--- PAR 2020-04 Staff Report as Final Decision Page 7 of 16 Notes to the Applicant The following are not conditions of approval, but are important notes for the applicant to be aware of and follow for the site development as part of the permitting stage: 1. Time Limit: WDO 5.01.06A. requires for Partition and Subdivision Final Plat Approval that, “The final plat shall be submitted within two years of date of the initial approval and be in substantial conforms [sic] to all conditions of the preliminary approval.” 2. Issuing Authority: Per 5.01.06C., the Community Development Director is the signing authority for Mylar plat sheets. 3. Plat Tracker: The County maintains a plat tracking tool at . 4. Records: Staff suggests that the applicant and landowner retain a copy of this staff report / final decision. ---PAGE BREAK--- PAR 2020-04 Staff Report as Final Decision Page 8 of 16 Analyses & Findings: This final decision 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 Land Use & Zoning Comprehensive Plan Land Use Designation Low Density Residential, Medium Density Residential Zoning District Nodal Residential Single-Family, Nodal Medium Density Residential Overlay District(s) Nodal Overlay District Existing Use(s) Unimproved/undeveloped An excerpt from the City zoning map with the subject property outlined in red. The lot is a legal lot of record – Parcel 1 of Partition Plat 2019-063. The applicable provisions appear in bold on the following pages. ---PAGE BREAK--- PAR 2020-04 Staff Report as Final Decision Page 9 of 16 Preliminary Partition Provisions 2.02 Residential Zones The subject property is currently undeveloped. Parcel 1 of this partition will be split between the Nodal Residential Single-Family (RSN) and Nodal Medium Density Residential (RMN), while Parcel 2 will be zoned entirely RMN. No new development is proposed therefore setbacks, lot coverage, density, and building height standards do not apply. Nodal Residential Single-Family (RSN) - Site Development Standards Table 2.02C Lot Area, Minimum (square feet) Standard lot Interior or cul-de-sac lot 6,000 1 Corner lot Single-family dwelling, child care facility or group home 2 8,000 Any other use 10,000 Lot Width, Minimum (feet) Standard lot Interior or cul-de-sac lot 50 Corner lot 80 Lot Depth, Average (feet) Standard lot 90 Street Frontage, Minimum (feet) Standard lot Interior or cul-de-sac lot 40 Corner lot Single-family dwelling, child care facility or group home 2 40 Any other use 50 1. Flag lots are not allowed in the RSN zone. 2. Child care facility for 12 or fewer children, group home for five or fewer persons ---PAGE BREAK--- PAR 2020-04 Staff Report as Final Decision Page 10 of 16 Nodal Medium Density Residential (RMN) - Site Development Standards Table 2.02F Lot Area, Minimum (square feet) Single-family dwelling, child care facility or group home Interior or cul-de-sac lot 4, 000 1, 2 Corner lot 5, 000 2 Row house Interior lot 3, 000 1 Corner or cul-de-sac lot 3,600 Duplex 8, 000 1 Multiple-family dwelling, child care facility, group home or nursing home 87,120 1, 3 Any other use Not specified 7 Lot Width, Minimum (feet) Single-family dwelling, child care facility or group home Interior or cul-de-sac Lot 45 2 Corner lot 60 2 Row house Interior lot 20 Corner or cul-de-sac lot 35 Duplex 80 Multiple-family dwelling, child care facility, group home or nursing home 200 3 Any other use Not specified 7 Lot Depth, Average (feet) Single-family dwelling, child care facility or group home or row house 80 2 Duplex 90 Multiple-family dwelling, child care facility, group home or nursing home 200 3 Any other use Not specified 7 Street Frontage, Minimum (feet) Single-family dwelling, child care facility, group home, or multiple-family dwelling 2 Interior lot 20 Corner lot 35 Cul-de-sac lot 30 Row house Interior lot 20 Corner or cul-de-sac lot 35 Duplex 80 Any other use 200 1. Flag lots are not allowed in the RMN zone. 2. Child care facility for 12 or fewer children, group home for five or fewer persons 3. Child care facility for 13 or more children, group home for six or more persons 7. The minimum lot dimensions, maximum density, and maximum lot coverage are determined by setbacks, off-street parking, and landscaping requirements. Parcel 1, an interior lot, will be public land primarily used for a stormwater detention facility with a segment of public trail on the westerly portion of the parcel (per the Smith Creek ---PAGE BREAK--- PAR 2020-04 Staff Report as Final Decision Page 11 of 16 Development Proposed Public Lands Plan; Attachment 103). Based on this use, all lot size, lot dimension, and street frontage standards are met for both Table 2.02C and Table 2.02F. While no development is proposed alongside this partition, Parcel 2 is being prepared for future development. It meets all lot size, lot dimension, and street frontage standards for all uses identified in Table 2.02F. The provisions are met. 2.05.04 Nodal Overlay Districts The subject property is within the Nodal Residential Single-Family and Nodal Medium Density Residential zoning districts however the Smith Creek Development Final Order including its conditions of approval address the provisions of 2.05.04. Additionally, no new development is proposed alongside this partition. The provisions are not applicable. 3.01.01 Applicability A. Right-of-way standards apply to all public streets. B. Improvement standards apply to all public and private streets, sidewalks and bikeways. C. Functional standards are identified in the Woodburn TSP. D. This applies to all development, and is not limited to partitions, subdivisions, multi-family, commercial or industrial construction, or establishment of a manufactured dwelling or recreational vehicle park. Construction of a single-family dwelling or placement of a manufactured dwelling does not, for the purposes of this Section, constitute development, however, in no case can this type of development occur without minimal access as determined by the Director. The Smith Creek Development Final Order including its conditions of approval address the right- of-way improvement provisions of 3.01 for Phase 1B. The more directly relevant conditions are G1, G2, G5, SUB-FD, PP-1, PUD-9, PUD-10, and T-BP4. The City’s first objective for this PAR is to condition it so that the developer or subsequent developers and homebuilders cannot construe it as abrogating or superseding the Smith Creek Development conditions. To that end, staff applies Condition of Approval PAR-3. Because Phase 1B is outside the Smith Creek Development PUD boundary and the Final Order of November 14, 2018 included no subdivision or other development approval for the lot, the second objective is to secure construction of the Phase 1B right-of-way improvements, which in turn require partition to create right-of-way and two parcels of which the northern Parcel 1 consistent with Final Order Exhibit Y-1 is to be dedicated to the City as public land (Mill Creek Greenway Trail corridor). To that end, staff applies Condition of Approval PAR-4. The provisions are met with Conditions PAR-3 & 4. ---PAGE BREAK--- PAR 2020-04 Staff Report as Final Decision Page 12 of 16 3.02.01 Public Utility Easements 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. The proposed partition illustrates and notes a 10-foot public utility easement (PUE) along all frontages of Kirksey Street ROW within the boundaries of this partition. The provisions are met. 3.02.03 Street Lighting A. Public Streets Public streets abutting a development shall be illuminated with street lights installed to the standards of the City and the electric utility. Because Phase 1B is outside the Smith Creek Development PUD boundary and the Final Order of November 14, 2018 included no subdivision or other development approval for the lot, staff applies Conditions of Approval G-PW & PAR-4 to secure construction of the Phase 1B right-of- way improvements including street lighting. The provisions are met with Conditions G-PW & PAR-4. 3.02.04 Underground Utilities All permanent utility service to and within a development shall be underground, except where overhead high-voltage (35,000 volts or more) electric facilities exist. Because Phase 1B is outside the Smith Creek Development PUD boundary and the Final Order of November 14, 2018 included no subdivision or other development approval for the lot, staff applies Conditions of Approval G-PW & PAR-4 to secure construction of the Phase 1B right-of- way improvements including the undergrounding of all utilities. The provisions are met with Conditions G-PW & PAR-4. 3.04 Vehicular Access 3.04.01 Applicability and Permit A. Street Access Every lot shall have: 1. Direct access to an abutting public street, or 2. Access to a public street by means of an access easement and maintenance agreement to the satisfaction of the Director, and revocable only with the concurrence of the Director. Both Parcels 1 and 2 will have direct access to Kirksey Street, a public street. The provisions are met. ---PAGE BREAK--- PAR 2020-04 Staff Report as Final Decision Page 13 of 16 3.08.01 Requirements All partitions and subdivisions shall comply with the standards of ORS Chapter 92 and the Woodburn Development Ordinance. This final decision does not address the requirements of ORS 92 separately, because they are addressed through the review of WDO sections or addressed by the applicant either as part of the final partition or upon development applications. This decision establishes compliance or non-compliance with applicable WDO provisions. However, for clarity for future staff, staff cites two statutory provisions relating to preliminary land divisions about what regulations apply as time passes and when a decision expires: “92.040 Application for approval of subdivision or partition; tentative plan; applicability of local government laws. … After September 9, 1995, when a local government makes a decision on a land use application for a subdivision inside an urban growth boundary, only those local government laws implemented under an acknowledged comprehensive plan that are in effect at the time of application shall govern subsequent construction on the property unless the applicant elects otherwise. A local government may establish a time period during which decisions on land use applications under subsection of this section apply. However, in no event shall the time period exceed 10 years, whether or not a time period is established by the local government. [Amended by 1955 c.756 1973 c.696 1983 c.826 1989 c.772 1995 c.812 2005 c.22 §71]” Item is not applicable because the proposal is for partition, not subdivision. Regarding WDO 4.02.04B cited below establishes such a time period, which does not exceed 10 years. The provisions are met. 5.02.05 Partition, Preliminary Approval A. Purpose: The purpose of this Type II review is to ensure that partitions - the dividing of a single lot into 3 or less lots within one calendar year - comply with this Ordinance, with the Land Use and Development Standards and Guidelines (Sections 2 and and applicable Oregon State Statutes. B. Criteria: Preliminary approval of a partition requires compliance with the following: 1. The preliminary partition complies with all applicable provisions of this ordinance. The proposal complies with B.1. as examined elsewhere throughout this staff report / final decision. 2. 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 any adjoining land. ---PAGE BREAK--- PAR 2020-04 Staff Report as Final Decision Page 14 of 16 Regarding B.2., Parcel 1 will become public land per the Smith Creek Development Final Order and used for a stormwater detention facility and public trail. Parcel 2 remains for future development. 3. The proposed partition is served with City streets, water, sewer and storm drainage facilities with adequate capacity. Regarding B.3., the Smith Creek Development Final Order outlines a schedule of utility improvements required with each phase. The subject property matches the boundaries of Phase 1B and the required utility improvements are captured in Condition of Approval PAR-4. 4. That the partition takes into account topography, vegetation and other natural features of the site. Regarding B.4., the subject property is predominately flat undeveloped land. Parcel 1 contains an area designated as “Other Wetlands” on the City Zoning Map, which was accounted for by the Smith Creek Development approval and is not impacted by this partition. 5. That adequate measures have been planned to alleviate identified hazards and limitations to development: a. For regulatory wetlands, these shall be the measures required by the Division of State Lands. b. For unstable areas, demonstration that streets and building sites are on geologically stable soil considering the stress and loads to which the soil may be subjected. Regarding B.5., staff identifies no hazards or limitations to the development. An area in Parcel 1 contains “Other Wetlands” as designated by the City Zoning Map however the Smith Creek Development approval includes measures to preserve them. 5.b. is not applicable because the ground is virtually flat with gentle slope towards the tributary of Mill Creek and there is no evidence of unstable soil. The provisions are met. ---PAGE BREAK--- PAR 2020-04 Staff Report as Final Decision Page 15 of 16 Conclusion Staff finds that the application meets WDO provisions or can meet them with conditions and approves it with conditions to clarify the final partition and platting stages, and accommodate the requests of the Public Works Department. Submitted by: Dan Handel, AICP, Associate Planner Affirmed, Colin Cortes, AICP, CNU-A, Senior Planner Attachments: 101. Tax Map marked 102. Preliminary Partition drawing 102A. Public Works Conditions 103. Smith Creek Development Final Order Exhibit Y-1 104. Smith Creek Development Phasing Plan 105. Smith Creek Development Exhibit C-11A 106. Smith Creek Development Phase 1B Site Plan Expiration: Per WDO 4.02.04B., a final decision expires within three years of the date of the final decision unless: 1. A building permit to exercise the right granted by the decision has been issued; 2. The activity approved in the decision has commenced; or 3. A time extension, Section 4.02.05, has been approved. Appeals: Per WDO 4.01.11E., the decision is final unless appealed pursuant to Oregon Revised Statutes (ORS), state administrative rules, and WDO 4.02.01. The appeal due date is twelve (12) ---PAGE BREAK--- PAR 2020-04 Staff Report as Final Decision Page 16 of 16 days from the mailing date of this notice per 4.02.01B.1. A valid appeal must meet the requirements of 4.02.01. Any person who is adversely affected or aggrieved or who is entitled to written notice of the decision may appeal the decision. The decision will not become final until the period for filing an appeal to the City Council has expired, and it cannot be appealed directly to the Oregon Land Use Board of Appeals (LUBA). This document is a copy of the decision. A copy of the decision is also 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 during normal business hours. For questions or additional information, contact the Community Development Department at (503) 982-5246 or [EMAIL REDACTED]. ---PAGE BREAK--- ^ 1 1 1 1 1 1 7 1 1 1 1 1 R ! <Ò <Ò <Ò <Ò <Ò <Ò R ! R ! <Ò <Ò <Ò R ! R ! R ! R ! <Ò <Ò <Ò <Ò <Ò 399.96 150.18 726.07 AT W OO DBURN 428.30 343.17 1600 4.99 AC 506.42 352.95 262.62 15 10 429.82 320.85 506.42 1107.53 REPLAT 1500 264.52 10.44 AC 1088.29 204.03 LOTS 5 & 6 TRACT - 1' RESERVE STRIP 100.1 2 100.8 4 60.64 93.94 80.00 101.8 1 101.5 0 82.20 750.00 1303.53 15 554.16 152.08 301 859.57 35.34 43.06 707.16 300 PARCEL 1 PARCEL 2 8.10 AC P.P. 6.00 AC 470.58 433.73 470.58 470.58 100 2010-033 PAR 2 750.00 CS 36825 554.27 4.38 AC 211.00 262.41 211.58 15.0 93.3 739.50 NOTE: ASSESSED WITH TAXLOT 4100 ON MAP 05 1W 18BC 831.61 646.00 185.65 331.11 103 102 PARCEL 3 PARCEL 2 12.31 AC 7.04 AC 830.00 836.29 830.00 745.00 646.00 257.00 1743-0184 1344-0566 281.00 89.40 571.69 352.30 450.00 1218.72 105 900 6.31 600 1000 800 500 700 400 503.90 503.90 444.00 444.00 412.01 415.05 CS 20902 114.06 N89 39W 450 281.00 SW COR B BROWN'S 81.34 CS 36202 ADD'N 90.00 90.00 90.00 CS 34512 1593.01 CS 33929 1596.67 1600.72 90.00 33.38 FLOR A 90.00 60.01 S89 5 7 01E 700.65 60 674.22 60.00 1089.11 90.00 1146.68 71.35 23.84 44.62 68.07 68.00 98.57 6.34 46.00 46.00 93.66 21.69 25.00 113 .41 17.72 CH (1169.52) 1100 714.00 673.82 1213.45 660.14 802.31 935.55 64.87 CH (4281.42) 1200 480 60 ACCESS EASEMENT 1421.85 1421.85 1300 CS 19926 714.24 11.22 CH (740.54) 8.71 CH (574.86) 7.22 CH (478.52) 59.80 CH (3946.80) 760.65 H 60 60 WEST WA Y 60 STREET 60 KOTKA STREET 60 60 COZY 60 30 30 20 LEASURE 30 30 WEST 60 20 60 30 20 30 20 30 30 HAYES 30 STREET 20 WEST HAYES ST 30 60 20 DRIVE R=50' GARFIELD 60 STREET DRIVE STREET 60 60 30 DRIVE SMITH DE SANTIS MCLAUGHLIN 60 60 DRIVE 30 25 60 STREET HALL SETTLEMIER 25 57.5 25 60 MONTGO AVENUE 60 CLEVELAND 50 OAK 50 STREET SETTLEMIER 3RD SETTLEMIER PA 25 25 50 R=45 SMITH CT 60 AUSTIN AVE WORKMAN 50 60 SMITH 60 DRIV E DRIVE DRIVE WORKMAN 60 MCLAUGHLIN MAPLE ST 60 WORKMAN DRIVE SMITH DRIVE 60 60 60 50 60 SMITH DRIVE 50 50 50 CHERRY ST AVE 50 50 WOODCR E S T CT SETTLEMIER 45 60 40 TOUT STREET BEN 60 50 BROWN 55 60 45 50 WAY LANE 40 ST 60 55 45 ELANA 50 60 KELOWNA 50 50 50 50 ST FIRST FR 50 20 50 80 20 80 20 BOONES FERRY RD 40 BRADLEY ST 80 OGLE ST 80 UNION PACIFIC RAILROAD 20 60 AKSENIA STREET LUBA STREET BRIDLEWOOD PA 60 LANE 50' PANA CT 50' PANA STREET R=55' 40 AVE WAY ST 80 80 50 60 20 FRONT ST ELANA 60 KELOWNA 50 60 55 SETTLEMIER 25 20 80 PARR 55 ROAD 80 50 60 40 60 50 60 50 BRIDLEWOOD LANE 40 KELOWNA CT 50 50 60 DRIVE UNION PACIFIC RAIROAD OGLE ST 50 BRANDYWINE CT 50 60 20 60 60' 34 80 34 COUNTRY LANE WAY ELANA 50' 60' 20 50' MR 38 50' R=49' DAHLIA AUTUMN 26' 50' 26' BLVD COUNTRY LANE COUNTRY LANE 50' F O XGL O V E 50' STREET 50' AV EN UE 50' TULIP STREET 50' VI N E AV E 50' 50' 50' TULIP AVE VINE AVE 60 MR 38 174 6 57 59. 74 HARVARD D 74 74 CENTER STREET 70 INTERSTATE 5 FWY 74 74 STACEY ALLISON WAY 74 100 74 60 EVERGR EEN R OAD STANF ORD ST STANFORD ST 50 60' DRIVE 60' CREIGHTON ST 50 BOEAN LANE EVERG REEN ROA D SKYLER DRIVE 60' HARVARD 60' DUKE ST R=55' 50 JONAH PLACE 60' 60' 60 60 WES T HAY ES S T . OREGON 50 WEST HAYES 30 74 50 STREET 50 60 50 50 E V ER GR EEN R O AD 50 CIRCLE GOLF COU RSE COLUMBIA DRIVE EVERGREEN BLVD 50 CREIGHTON ST 50 50 BAYLOR DRIVE 50 CLACKAMAS 50 30 DUKE ST GOLF CO URSE CASCADE 30 30 30 60 WEST HAYES 20 41.5 20 STREET 41.5 NELLIE MUIR GOLF COU RSE CIRCLE ELEMENTARY DRIVE SCHOOL CLACKAMAS CASCADE 74 74 STREET STUBB ROAD CR 517 PARR ACRES MOBILE HOME PARK 60 CR 517 CR 517 PARR PARR ROAD ROAD 60 70 70 70 HERITAGE ELEMENTARY SCHOOL 50 CENTENNIAL ROAD PARK PRIVATE ST UNION PACIFIC RAILROAD 80 60 50 CLACKAMAS CIRCLE GOLF COURSE CASCADE DRIVE 50 50 30 50 50 50 50 50 50 50 CLACKAMAS CIRCLE 50 50 EVERGREEN BLVD COLUMBIA DRIVE BAYLOR DRIVE 50 50 SANTIAM DRIVE 50 50 30 50 60 OXFORD ST 60 OXFORD STREET 60 50 60 CITADEL ST 60 REED AVENUE 60 R=58 EVE RG REE N ROA D 50 CLEMSON STREET HARVARD DRIVE VASSER ST 60 WILLAMETTE ST 60 LINFIELD AVENUE 60 60 50 60 74 PALIMINO AVE 60 ST 60 PARADISE ST PRAIRIE 60 60 SWEETWATER AVENUE R=40 ROAD 74 30 30 40 40 174 100 60 HOOPER STACEY ALLISON WAY 60 EVERGREEN 7 60 RAILROAD SW COR G LEASURE DLC 78 NW COR J B DUCHAME DLC 80 12 11 1/4 COR 13 14 12 7 13 18 SW COR A DUBOIS DLC 98 SE COR A DUBOIS DLC 98 1/4 COR CTR SEC 1/4 COR SE COR RS OF T ROY DLC 82 N'LY NW COR P RAYMOND DLC 88 SW COR M LORE DLC 61 SE COR M LORE DLC 61 NE COR M FOISEY DLC 104 W'LY NW COR P RAYMOND DLC 88 13 14 23 24 18 13 1/4 COR 19 24 103 03 93 0 103 03 03 0 103 03 03 0 103 03 03 0 103 00 03 0 103 03 03 0 1001 PARCEL 1 PARCEL 2 38.45 AC 1.75 AC P.P. 2017-054 513.88 30.05 300.33 267.84 282.83 267.80 486.71 897.92 504.02 280.94 P.P. 2019-063 105 PARCEL 3 21.97 AC 393.44 211.54 23.62 65.00 119.85 420.24 160.97 247.98 71.00 7.93 2.00 694.28 100.00 290.31 P.P. 1994- 110 106 107 PARCEL 3 18.37 AC 798.98 480.00 259.68 479.84 168.00 104.41 194.66 386.97 67.62 56.46 150.95 313.84 495.96 71.38 41.21 90.00 25.00 80.00 99.84 55.78 166.00 P.P. 2019-069 103 00 03 0 106.93 108.01 108.12 107.08 102.78 222.96 PAR 1 0.26 AC 108 109 PAR 2 PAR 3 32.90 AC 18.41 AC P.P. 19-073 P.P. 2019-040 75.58 66' 27.46 120.13 106.42 50.04 16.13 6.76 66' 655.59 57.50 55.46 58.53 132.43 94.03 360.00 16.00 66' 100.00 56.76 66' 66' 1359.43 PARCEL 2 PARCEL 1 14.97 AC 8.88 AC 437.90 1276.31 47.53 155.64 88.39 1550.54 110 111 103.00 163.00 163.00 154.68 247.50 99.44 170.00 64.00 105.23 105.56 101.28 146.00 106.16 147.74 118.18 104.23 168.92 105.00 112 113 PARCEL 2 PARCEL 1 9.78 AC 16.67 AC 246.89 188.13 110.19 SEE MAP 052W12C SEE MAP 052W12DC SEE MAP 052W12DD SEE MAP 051W07CC SEE MAP 051W18BA SEE MAP 051W18BD SEE MAP 051W19B SEE MAP 052W23 SEE MAP 052W24 SEE MAP 052W11 SEE MAP 052W14 SEE MAP 051W18C SEE MAP 051W18CA 18BB 18BC 18CB 18CC 12CD 13AA 13AB 13BA 13BC 13BD MARION COUNTY, OREGON SEC 13 T5S R2W W.M. WOODBURN WOODBURN 05 2W 13 05 2W 13 SCALE 1" = 400' FOR ADDITIONAL MAPS VISIT OUR WEBSITE AT www.co.marion.or.us DISCLAIMER: THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY 05 2W 13 05 2W 13 WOODBURN WOODBURN 05 2W 13 05 2W 13 05 2W 13 05 2W 13 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 000 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: 4/29/2020 CANCELLED NUMBERS 101 102A2 104 [PHONE REDACTED] R ! DLC Corner <Ò 1/4 Section Cor. Ð 1/16TH Section Cor. ATTACHMENT 101 ---PAGE BREAK--- SHEET 1 OF 2 N SCALE: 1" = 50' BARKER SURVEYING PARTITION PLAT A RE-PLAT OF PARCEL 1, PARTITION PLAT NO. 2019-063 LOCATED IN THE N.E. 1/4 & S.E. 1/4 OF SEC. 13, T. 5 R. 2 W.M., CITY OF WOODBURN, MARION COUNTY, OREGON PLANNING CASE NO. PUD 2017-01 MARCH 17, 2020 LEGEND: = Set 5/8" x 30" iron rod with yellow plastic cap stamped "WILSON PLS 2687" = Set 1" aluminum cap stamped "WILSON PLS 2687" (To be post monumented) = Found monument within 0.2' of ground surface unless noted otherwise (see found monument list) = 5/8" x 30" iron rod with yellow plastic cap stamped "WILSON PLS 2687", set in = 5/8" x 30" iron rod with yellow plastic cap stamped "WILSON PLS 2687", set in = Record equals measured per = Record equals measured per = Survey Reference = Public Utility Easement per this plat = Marion County Survey Records = Marion County Deed Record = Book of Town Plats ( )1 ( )2 P.U.E. M.C.S.R. M.C.D.R. B.O.T.P. DETAIL SCALE: 1" = 20' DETAIL SCALE: 1" = 20' FOUND MONUMENTS LIST - 5/8" iron rod with yellow plastic cap stamped "DESANTIS LS 791", set in - 5/8" iron rod with yellow plastic cap stamped "DESANTIS LS 791", set in SURVEY REFERENCES - PARTITION PLAT NO. 2019-063 - M.C.S.R. 38848 - M.C.S.R. 34201 - PARTITION PLAT NO. 94-110 = Page = Reel = Radial Bearing = County Road P. R. R.B. CR The purpose of this survey is to partition Parcel 1 of PARTITION PLAT NO. 2019-063, as platted and recorded inReel 4252, Page 464, Book of Partition Plats for Marion County, Oregon, into 2 parcels, per City of Woodburn planning case No. PUD 2017-01. The basis of bearing used is along the easterly boundary of said Parcel 1 per M.C.S.R. 38848, between monuments A and B, as shown. The boundary was determined by holding monuments found and set in said PARTITION PLAT NO. 2019-063 for the limits of said Parcel 1 in said plat. NARRATIVE: N N SHEET INDEX SHEET 1 - INDEX, LEGEND, NARRATIVE, SURVEY REFERENCES, CURVE TABLE, MONUMENTS LIST, DETAIL DETAIL SHEET 2 - SURVEYOR'S CERTIFICATE, ACKNOWLEDGEMENTS, DECLARATIONS, APPROVALS ATTACHMENT 102 ---PAGE BREAK--- SHEET 2 OF 2 PARTITION PLAT I, Gregory L. Wilson, a Registered Professional Land Surveyor in Oregon, do hereby depose and say that I did accurately survey and mark with proper monuments the lands represented on the attached map, being situated in the southeast one-quarter and the northeast one-quarter of Section 13, Township 5 South, Range 2 West of the Willamette Meridian, in the City of Woodburn, Marion County, Oregon, being described as follows: Parcel 1 of Partition Plat 2019-063 recorded in the Marion County Book of Partition Plats, containing 8.884 acres of land, more or less. The Initial Point of this subdivision plat is marked with a yellow plastic cap stamped "DESANTIS LS 791" found at the southeasterly corner of said Parcel 1. Gregory L. Wilson Registered Professional Land Surveyor No. 2687 License expires June 30, 2020 SURVEYOR'S CERTIFICATE: Community Development Director, City of Woodburn Date Case No. PUD 2017-01 Marion County Surveyor Date Marion County Assessor Date Taxes and assessments on the above described property as provided by ORS 92.095, have been paid through . Marion County Tax Collector Date THE WITHIN PLAT IS HEREBY APPROVED AND DEDICATION ACCEPTED: BARKER SURVEYING Know all people by these presents that HAZEL M. SMITH PROPERTIES, LLC, an Oregon limited liability company, being the owner of the land described in the Surveyor's Certificate hereon made and desiring to dispose of the same in parcels, has caused the same to be partitioned and surveyed in accordance with the provisions of O.R.S Chapter 92. We hereby dedicate the streets as shown to the public forever. We hereby grant the public utility easements as shown hereon. HAZEL M. SMITH PROPERTIES, LLC By: Yvonne Thomas - Manager DECLARATION: STATE OF OREGON S.S. COUNTY OF On this day of 2020, personally appeared before me, a Notary Public for said County and State, the above named Yvonne Thomas, as Manager of HAZEL M. SMITH PROPERTIES, LLC, an Oregon limited liability company, who acknowledged to me that she executed the above instrument on behalf of said company freely and voluntarily for the uses and purposes stated therein and without fear or compulsion from anyone. NOTARY PUBLIC - STATE OF OREGON (PRINT NAME) COMMISSION NO. MY COMMISSION EXPIRES STATE OF OREGON S.S. COUNTY OF MARION I do hereby certify that the attached Partition Plat No. was received for recording on the day of , 20 , at o'clock and recorded in Record of Partition Plats. Also referenced in Marion County Deed Records in Reel , at Page . Bill Burgess, Marion County Clerk By: Deputy County Clerk A RE-PLAT OF PARCEL 1, PARTITION PLAT NO. 2019-063 LOCATED IN THE N.E. 1/4 & S.E. 1/4 OF SEC. 13, T. 5 R. 2 W.M., CITY OF WOODBURN, MARION COUNTY, OREGON PLANNING CASE NO. PUD 2017-01 MARCH 17, 2020 ---PAGE BREAK--- Engineering & Project Delivery 190 Garfield Street ● Woodburn, Oregon 97071 Ph. 5030-982-5240 ● Fax [PHONE REDACTED] PUBLIC WORKS Smith Creek Development Phase 1B Partition Partition Plat 2020-04 Conditions of Approval July 6, 2020 A. GENERAL CONDITIONS: 1. Prior to final plat approval all public improvements for Smith Creek Development Phase 1B shall be completed as per attached “Improvement Agreement, Smith Creek Development Phase 1B”. 2. Prior to final plat approval all site improvements as per the Smith Creek Development Final Order (November 14, 2018) and its conditions of approval for Smith Creek Phase 1B shall be completed and accepted by the City, including construction of a “midblock crosswalk as per condition T-BP4 ( Final Order Exhibit A page 67) . 3. All franchise utility conduits shall be installed in Smith Creek Phase 1B prior to final plat approval. ATTACHMENT 102A ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- CITY OS, 8/31/2018 11:56:04 AM EXHIBIT Y - 1 ATTACHMENT 103 Attachment 103-Y-1 / Exhibit Y-1 ---PAGE BREAK--- ATTACHMENT 104 ---PAGE BREAK--- STAFFORD SECTIONS, 8/24/2018 5:37:04 PM ATTACHMENT 105 EXHIBIT C-11A ---PAGE BREAK--- STAFFORD 1B, 9/4/2018 2:09:55 PM ATTACHMENT 106