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File number(s): Project name: Date of decision: Applicant: Landowner: Site location: Summary W.9pnff:u~N I ncorporated 1889 Land Use Final Decision City Council SUB 22-04, PP 22-02, & VAR 22-07; Related to ANX 22-03 & ZMC 22-03 Brighton Pointe Subdivision June 12, 2023 Lennar NW, LLC Agafia Kalugin, Kalugin Family Trust 8708 Parr Road NE (Tax Lot Tax Lot 052W130001001) The request is for Annexation, Zone Change, Preliminary Subdivision, Phasing Plan, and Variance (a Type IV consolidated application package). The proposed annexation is for approximately 37.75 acres of private land at 8708 Parr Road and approximately 3.18 acres of adjacent Parr Road right-of-way. The annexation does not include the adjacent property at 8702 Parr Road NE (Russian Old Believers St. Nikola Church). The Comprehensive Plan land use map designates the territory as split between Low Density Residential and Medium Density Residential, and wholly within the Nodal Development Overlay. Per Comprehensive Plan Policy Table 1, the default zoning districts that correspond are Nodal Single-Family Residential (RSN) and Nodal Medium Density Residential (RMN). The proposed development for the site is a 219-lot subdivision consisting of 112 attached townhouses and 107 detached single-family homes with common area tracts for stormwater management, pedestrian connectivity, and recreation facilities. There will be an internal network of public streets and two local street connections with Parr Road. The subdivision is proposed to be built over two phases. Variance requests include: 1. Increase the maximum lot coverage to SO percent for single-story, single-family detached lots in the RSN zone. ---PAGE BREAK--- 2. Reduce the minimum front setback to 15 feet for all front-loaded row house lots. 3. Reduce the minimum rear yard setback down to 20 feet for all lots within the RMN zone. 4. Reduce the minimum alley access requirement within the Nodal overlay district, which requires 75% of lots to be accessed via an alley. The applicant proposes to alley-load 72 lots, roughly 44.4%. On February 9, 2023, the Planning Commission held a public hearing and unanimously recommended that the City Council approve the consolidated application package with the conditions recommended by staff through the staff report published January 5, except for revision items that staff proposed through a staff memo addendum dated February 9. The City Council held a public hearing on April 10, 2023 and, by a 4-2 vote, tentatively approved the consolidated application package with the conditions recommended by staff through the amended staff report published on April 3 (amended to include the revision items within the February 9 staff memo addendum). The development applications depend upon adoption of the annexation ordinance (Ordinance No. 2610, adopted June 12, 2023) and zoning designation ordinance (Ordinance No. 2611, adopted May 22, 2023). Testifiers Name Address Planning Commission City Council Written Verbal Written Verbal Gregory L. 10260 SW Greenburg Rd, Ste 170 X X Specht, CEO, Portland, OR 97223 Specht Development Inc. Brighton Pointe Subdivision - City Council Final Decision - Page 2 of 15 ---PAGE BREAK--- Conditions of Approval Section references are to the Woodburn Development Ordinance (WDO). General 1. Substantial Conformance: The applicant or successor shall develop the property in substantial conformance with the final plans submitted and approved with this application, 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 prior to building permit final inspection in service of substantial conformance. 2. Public Works conditions: Follow the attached "Public Works Conditions January 4, 2023" (Attachment 102). 3. Phase schedule: The developer shall complete recordation of the Phase 1 subdivision plat within 3 years of Preliminary Subdivision approval, pursuant to WDO 4.02.04. Recordation of the Phase 2 subdivision plat shall be completed prior to December 31, 2028. The Phase 1 plat shall be recorded prior to the Phase 2 plat. Subdivision plats for the two phases shall be recorded with Marion County in a manner acceptable to the Marion County Surveyor's Office. 4. Recorded documents: Upon recordation, the developer shall provide to the City digital copies of all recorded plats and public easements associated with the development. 5. Grading Permit(s): Prior to beginning any grading work on-site, the applicant shall apply for and obtain a Grading Permit per WDO 5.01.04. Grading work can be segmented to match phase boundaries. 6. Addressing: Prior to Subdivision Final Plat approval for each phase, the applicant shall submit an Address Assignment Request Form, with accompanying fee payment and materials, to the Community Development Department to begin the process of getting addresses assigned for the lots within that phase. 7. Association: The developer shall establish a maintenance association of owners and/or tenants as follows: a. 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. b. The association shall assume maintenance of improvements on common area tracts, including stormwater facilities; repair, replace, and restore improvements; Brighton Pointe Subdivision - City Council Final Decision - Page 3 of 15 ---PAGE BREAK--- 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.) c. Documents: The developer shall provide copies of draft articles of incorporation, bylaws, and CC&Rs for the association to the City for review and comment upon final plat application or earlier if ORS 94.565(2) requires. Bylaws and/or CC&Rs shall describe the responsibilities of the association to maintain common area improvements, and bylaws and CC&Rs shall reiterate that because of ORS 94.626, any dissolution would not also dissolve obligations. To this end, the corporation shall comply with applicable statutes and the administrative rules of the Oregon Secretary of State Corporation Division. Documents shall also conform to Oregon House Bill (HB) 2001 (2019), Section 13 10), regarding "middle housing". d. Subsections a, b, and c 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. Transportation 8. Traffic mitigation: a. Evergreen Road corridor traffic mitigation: ,To alleviate current and future safety and capacity issues along Evergreen Road at W. Hayes St, Stacy Allison Way, and Harvard St ("Evergreen Road corridor"), the developer shall pay to the City the following fees to fund a Jransportation planning and design study for the corridor. Fee payment is due prior to receiving Subdivision Final Plat approval for the associated phase. i. Phase 1: $42,849 ii. Phase 2: $26,151 b. Parr Road / Butteville Road intersection: The developer shall pay the following mitigation fees to alleviate current and future safety issues at this intersection: i. Phase 1: At the time of Subdivision Final Plat approval for Phase 1, either subsection 1. or 2. below shall apply: 1. Should Marion County continue to retain jurisdiction over this intersection, pay to the County a $247,229 mitigation fee. Proof of fee payment is due prior to receiving Subdivision Final Plat approval. 2. Should the City have obtained jurisdiction over this intersection, pay to the City a $79,178 mitigation fee. Fee payment is due prior to receiving Subdivision Final Plat approval. Brighton Pointe Subdivision - City Council Final Decision - Page 4 of 15 ---PAGE BREAK--- ii. Phase 2: At the time of Subdivision Final Plat approval for Phase 2, either subsection 1. or 2. below shall apply: 1. Should Marion County continue to retain jurisdiction over this intersection, pay to the County a $150,886 mitigation fee. Proof of fee payment is due prior to receiving Subdivision Final Plat approval. 2. Should the City have obtained jurisdiction over this intersection, pay to the City a $48,322 mitigation fee. Fee payment is due prior to receiving Subdivision Final Plat approval. If the developer has paid to Marion County either the assessment under i.1. or ii.1. above but improvements have not been completed when the City obtains jurisdiction of the Parr Road / Butteville Road intersection and receives funds previously collected by Marion County, within 90 days of such receipt the City shall refund the contribution amount in excess of the respective amount in i.2. or ii.2. above to the developer. c. Whole contribution: Payment of the contributions in subsections a. and b. shall exempt the development site from further assessment or participation in any district formation, assessment of fees, or other obligations formed or established before December 31, 2033 that support improvement of the Evergreen Road Corridor or the Parr Road / Butteville Road intersection. d. 1-5 Northbound Ramp: To mitigate current and future safety issues at the 1-5 northbound off-ramp intersection with OR 214, the developer shall pay to the City a $5,000 proportionate share mitigation fee (TSP Roadway Plan Project R9). Fee payment is due prior to receiving Subdivision Final Plat approval for Phase 1. 9. Off-site pedestrian connectivity: Prior to issuance of the first building permit within Phase 1, the developer shall construct the following off-site pedestrian routes. Route improvements shall be ADA-compliant and must obtain civil plan approval, be constructed, and pass inspection. Developer to provide stamped engineer plans for review and approval by the Public Works Department. Route design shall comply with current ADA, City of Woodburn, Marion County, ODOT (including safe routes to school), State and Federal guidelines and requirements at time of construction. a. Along the frontage of 8702 Parr Rd (Tax Lot 052W130001000); and b. Between the subject property and existing sidewalk along Centennial Park frontage (Tax Lot 052W130000700). This would include one of the following: i. Within Parr Road right-of-way along the frontage of 8908 Parr Road (Tax Lot 052W130000900), unless this connection has already been constructed by a developer of this lot, and along the frontage of 9008 Parr Road (Tax Lot 052W130000800), unless this connection has already been constructed by a developer of this lot. ii. Through 9008 Parr Road (Tax Lot 052W130000800), unless this connection has already been constructed by a developer of this lot. A public access easement to the satisfaction of the Community Development Director shall be granted for any p·ortion ofthe route that is within private property. Brighton Pointe Subdivision - City Council Final Decision - Page 5 of 15 ---PAGE BREAK--- 10. Phase 1 street improvements: To meet WDO 3.0l.02A, 3.01.03A, and 3.01.048, the developer shall construct street improvements for all public streets within the Phase 1 boundary prior to Subdivision Final Plat approval for Phase 1. Improvements must obtain civil plan review approval, be constructed, and pass inspection by City staff, or a performance guarantee as outlined by 4.02.08 may be approved at the City Administrator's discretion, prior to receiving Subdivision Final Plat approval. Improvements include: a. Parr Road: i. Dedicate right-of-way along the east/west segment to achieve 36 feet of right-of-way from centerline, and along the north/south segment to achieve 37 feet of right-of-way from centerline. Illustrate these dedications on the subdivision plat drawing prepared for Subdivision Final Plat approval. ii. Construct half-street improvements along the east/west segment to match Figure 3.0lD and along the north/south segment to match Figure 3.0lC. The sidewalk along the north/south segment may transition to be curbtight and no less than 4.5 feet wide along the frontage of 8702 Parr Rd (Tax Lot 052W130001000). iii. Plant street trees in conformance with 3.06.03A. Tree size categories are defined within Table 3.068; prohibited species are outlined within Table 3.06C. b. New internal streets: i. Dedicate 60 feet of right-of-way for all internal streets. Illustrate these dedications on the subdivision plat drawing prepared for Subdivision Final Plat approval. ii. Construct full-street improvements to match Figure 3.01G. iii. Plant street trees in conformance with 3.06.03A. Tree size categories are defined within Table 3.068; prohibited species are outlined within Table 3.06C. iv. Street tree and sidewalk improvements along the internal street frontages of lots may be deferred to Building Permit final inspection for each lot. 11. Phase 2 street improvements: To meet WDO 3.0l.02A, 3.0l.03A, and 3.01.048, the developer shall construct street improvements for all public streets within the Phase 1 boundary prior to Subdivision Final Plat approval for Phase 2. Improvements must obtain civil plan review approval, be constructed, and pass inspection by City staff, or a performance guarantee as outlined by 4.02.08 may be approved at the City Administrator's discretion, prior to receiving Subdivision Final Plat approval. Improvements include: a. Evergreen Road southern extension: i. Dedicate 37 feet of right-of-way south of the Parr Rd/Street H intersection, following the Parr Road alignment. Illustrate this dedication on the subdivision plat drawing prepared for Subdivision Final Plat approval. Brighton Pointe Subdivision - City Council Final Decision - Page 6 of 15 ---PAGE BREAK--- ii. Construct minimum half-street improvements pursuant to 3.01.03C and Figure 3.0lC. iii. Plant street trees in conformance with 3.06.03A. Tree size categories are defined within Table 3.068; prohibited species are outlined within Table 3.06C. b. New internal streets: i. Dedicate 60 feet of right-of-way for all internal streets. Illustrate these dedications on the subdivision plat drawing prepared for Subdivision Final Plat approval. ii. Construct full-street improvements to match Figure 3.01G. iii. Plant street trees in conformance with 3.06.03A. Tree size categories are defined within Table 3.068; prohibited species are outlined within Table 3.06C. iv. Street tree and sidewalk improvements along the internal street frontages of lots may be deferred to Building Permit final inspection for each lot. 12. Street names: To meet the street naming provisions of WDO 3.01.06, revise plans to note street names for the new internal streets. This is due prior to applying for Subdivision Final Plat approval for each phase. 13. Temporary dead end streets: The developer shall install barricades and signage as required by WDO 3.01.05A2 for temporary dead end streets. Include detail drawings of these items as part of civil engineering plan review. 14. Traffic calming: Provide patterned poured concrete crosswalks where the public multi- use path crosses Streets A, B, and G. 15. Centennial Park trail improvements: The developer shall construct trail improvements within Centennial Park along the portion of trail that is currently unpaved. Improvements include 8-foot wide paved ADA-compliant trail, 1 bench on concrete slab per 300 lineal feet of trail, and 2 waste receptacles (including dog waste stations) on concrete slab. Improvements must obtain civil plan review approval, be constructed, and pass inspection by City staff prior to issuance of the first building permit within Phase 1. The developer may apply for and request credit for Parks and Recreation SDCs for the construction of these off-site improvements pursuant to Woodburn Ordinance No. 2250. Brighton Pointe Subdivision - City Council Final Decision - Page 7 of 15 ---PAGE BREAK--- Centennial Park aerial image, unpaved trail marked in yellow. Utilities 16. Existing septic: Prior to Subdivision Final Plat approval for Phase 1, the developer shall provide documentation that the existing septic system on the subject property has been removed and the existing private sanitary easement has been terminated. 17. Street lighting: Pursuant to WDO 3.02.03A, street lighting within each phase shall comply with City of Woodburn and Portland General Electric (PGE) standards and specifications. The applicant shall either provide documentation to the attention of the Public Works Department indicating that existing illumination complies with the standards or install new lighting to conform. This is due prior to Subdivision Final Plat approval for the associated phase. 18. Underground utilities: Pursuant to WDO 3.02.04, all utility services to and within the development shall be underground. 19. Streetside PUE: To meet WDO 3.02.018, a streetside public utility easement (PUE) shall be granted along each street right-of-way. Minimum width is 5 feet, maximum width is 8 feet. Granting of this easement would occur concurrently with recordation of the subdivision plat for each phase. Brighton Pointe Subdivision - City Council Final Decision - Page 8 of 15 ---PAGE BREAK--- Tracts & Lots 20. Tract ownership: All tracts shall be privately owned and maintained. 21. Tract improvements: Tract improvements outlined within these conditions of approval shall be due prior to Subdivision Final Plat approval for the associated phases that the tracts fall within, unless a performance guarantee pursuant to WDO 4.02.08 has been accepted by the City and executed by the developer. 22. Alleys: All alleys shall be within tracts that are privately owned and maintained. Alley improvements shall match the cross-sections provided by the applicant on Sheet 5 of the approved preliminary plans. The landscape buffer within the alley abutting 8702 Parr Rd (Tax Lot 052W130001000) shall have a planting density in conformance with WDO Table 3.06A "Setbacks abutting a street". 23. Alley access onto Parr Road: The developer shall revise plans to close the alley access onto Parr Road, unless such access is required by the Woodburn Fire District. If required by the Fire District, the driveway shall utilize a mountable curb instead of a standard driveway approach. The area between mountable curb and sidewalk shall be paved, and removable bollards shall be installed on the portion of driveway on private property within 10 feet of the front property line. The final design of the improvements for this driveway shall be to the satisfaction of the Community Development Director, the Woodburn Fire Marshal, and Marion County. 24. Open space tracts: Tract A and J are open space tracts; Tract A is within Phase 1 and Tract J is within Phase 2. As part of civil plan review for the associated phase, the developer shall submit plans for these tracts that illustrate the following: a. Landscaping: For both tracts, a planting density in conformance with WDO Table 3.06A "Common areas, except those approved as natural areas in a PUD". Pursuant to 3.06.02G, plant units within Tract J may be grouped to avoid impacts to delineated wetlands. b. Tract A: i. Trees: Landscaping shall include at least four medium trees. Tree size categories are defined within Table 3.0GB; prohibited species are outlined within Table 3.06C. ii. Recreation: Recreation improvements that could include playground equipment, paved walkways, benches, picnic tables, or similar options to provide opportunities for recreation. iii. Fencing: If perimeter fencing is proposed along the Parr Road frontage, fencing shall conform to vision clearance area standards in 3.03.06, not exceed 6 feet in height, and be constructed out of a material outlined in 2.06.02Dl (excluding chainlink/cyclone fencing). Brighton Pointe Subdivision - City Council Final Decision - Page 9 of 15 ---PAGE BREAK--- 25. Bike/pedestrian connectivity tracts: Tracts B, D, G, P, Q, R, and S are bike/pedestrian connectivity tracts. In pursuit of conformance with WOO 3.01.05A3 & B2, the developer shall address the following items prior to receiving Subdivision Final Plat approval for each phase. Improvements must obtain civil plan review approval, be constructed, and pass inspection by City staff. Tracts B, D, P, Q, R, and Sare associated with Phase 1, while Tract G is associated with Phase 2. a. Tracts B, D, G, R, and S: Construct path improvements including an 8-foot wide paved path centrally located within the tract with landscaping strips on either side. b. Tracts P and Q: Construct an 8-foot wide paved path improvement within each tract. The path within Tract Q shall connect into the path within Tract R. Because Tracts P and Q also function as fire turnarounds for Street G, final design of the fire turnaround improvements shall be to the satisfaction of the Woodburn Fire Marshal and Community Development Director. c. Public access: Grant a public easement over the entirety of Tracts B, D, G, P, Q, R, and S to allow for public access. Because easements would be granted concurrently with recordation of the subdivision plat, illustrate these easements on the plat drawings submitted as part of the Subdivision Final Plat application. d. Wayfinding: Install one wayfinding sign within each of Tracts B, D, R, and P. Signs shall be installed within 10 feet of public right-of-way at the western end of each tract. Minimum sign face dimensions are 2 feet by 1 foot, as illustrated in the image below. Signs shall provide wayfinding to nearby parks and schools. 0.5 in J 12 in , c! Mill Creek ~ _ Green~ay Trail Settlemier r+ Park QJ'; Plaza 015 )11 Centennial Park 0'10 1111 Wayfinding signage concept. 26. Landscaping tracts: Tracts H, I, K, L, M, N, and O are landscaping tracts. As part of civil plan review for each phase, the developer shall submit landscaping plans for these tracts that demonstrate a planting density in conformance with WOO Table 3.06A "Setbacks abutting a street". a. Replacement trees: For the Phase 1 landscaping plans, the developer shall illustrate at least 15 replacement trees for the 15 trees north of the neighboring church property {8702 Parr Rd) that are proposed to be removed. Replacement Brighton Pointe Subdivision - City Council Final Decision - Page 10 of 15 ---PAGE BREAK--- trees can be planted within private tracts or public right-of-way. The four trees required by Condition 24.b.ii. may be counted towards this requirement. 27. Stormwater tracts: Tracts C, E, and Fare stormwater detention tracts. As part of civil plan review for each phase, the developer shall submit landscaping plans for these tracts that demonstrate a planting density in conformance with WDO Table 3.06A "Common areas, except those approved as natural areas in a PUD". 28. Street trees: Prior to Subdivision Final Plat approval for each phase, the developer shall provide a street tree plan for the relevant phase. Street tree requirements are outlined in 3.06.03A. 29. Alley addresses: Alley-loaded dwellings shall have address numbers installed along both the street and alley facades. 30. Driveways: To maximize availability of on-street parking: a. Paved driveway approach widths at the property line along a street shall not exceed: i. 19 feet for single-family detached lots, except that up to 25 percent of single-family detached lots shall not exceed 28 feet; and ii. 19 feet per unit for front-loaded row house lots. b. Every pair of front-loaded row houses shall utilize a single shared driveway centered on the common lot line. Brighton Pointe Subdivision - City Council Final Decision - Page 11 of 15 ---PAGE BREAK--- 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. Permits: Permits are applied for using the Oregon ePermitting on line permit system. The City Building Division administers building and mechanical permits; Marion County Public Works administers plumbing and electrical permits. 2. Records: Staff recommends that the applicant retain a copy of the subject approval. 3. Fences, fencing, & free-standing walls: The approval excludes any new fences, fencing, & free-standing walls, which are subject to WDO 2.06 and the permit process of 5.01.03. 4. Signage: The approval excludes any private subdivision signage, which is subject to WDO 3.10 and the permit process of 5.01.10. 5. 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. 6. 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. 7. Stormwater management: The storm sewer system and any required on-site detention for the development must comply with the City Storm Water Management Plan, Oregon Department of Transportation (ODOT), Public Works storm water practices and the Storm Drainage Master Plan. The applicant shall provide a final hydraulic analysis for the development and collection system, including the capacity of the proposed storm sewer system. All required on-site detention area for the runoff from this site will need to be provided in accordance with the hydraulic analysis. The detention system is to be maintained by the applicant in perpetuity. Brighton Pointe Subdivision - City Council Final Decision - Page 12 of 15 ---PAGE BREAK--- 8. 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, ODOT, as well as current Public Works construction specifications, Standard Drawings, Standard Details, and General Conditions. 9. Franchises: The applicant provides for the installation of all franchised utilities and any required easements. 10. 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. 11. Sewer: Plans illustrate the subdivision will utilize the public sewer line within Evergreen Road. If an alternative public sewer route becomes necessary to serve the development, the developer shall provide plans for a redesigned sewer system to the City for review. 12. Grease Interceptor/Trap: If applicable, a grease trap would need to be installed on the sanitary service, either as a central unit or in the communal kitchen/food preparation area. Contact Marion County Plumbing Department for permit and installation requirements, (503) 588-5147. 13. Fire: Fire protection requirements must comply with the Woodburn Fire District standards and requirements. 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. 14. SDCs: The developer pays System Development Charges prior to building permit issuance. Brighton Pointe Subdivision - City Council Final Decision - Page 13 of 15 ---PAGE BREAK--- Expiration Per Woodburn Development Ordinance (WDO) 4.02.048: "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 8.1 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 8.2 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." 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]. Attachments • Annexation Legal Descriptions and Maps • City Council April 10, 2023 Staff Report Attachments: o 102. Public Works Conditions January 4, 2023 o 106. Subdivision plans o 106A. Parr/Evergreen Intersection Design Plan o 1068. Tract A Concept Plan Brighton Pointe Subdivision - City Council Final Decision - Page 14 of 15 ---PAGE BREAK--- Sincerely, ' ! ;,1J 1! ! • I / ' ' / , ! , i . ii ' Dan Handel, AICP Planner As authorized by the City Council on / , 2023: Frank Lonergan, Mayor Date Brighton Pointe Subdivision - City Council Final Decision - Page 15 of 15 ---PAGE BREAK--- EXHIBIT A – Sheet 1 of 2 April 14, 2023 City of Woodburn Annexation Description All of Parcel 2 of Partition Plat 2017-054, Marion County Plat Records, except that portion conveyed to Parcel 1 of said Partition Plat per a property line adjustment recorded in Deed Document No. Marion County Deed Records, lying in the SW 1/4 of Section 13, Township 5 South, Range 2 West, W.M., City of Woodburn, Marion County, Oregon, being more particularly described as follows: Commencing at the intersection of the center line of Parr Road, County Road 517 (CR 517) (60.00 feet wide) with the center line of Stubb Road CR 517 (40.00 feet wide), said point being marked with a 3” brass disk stamped “T5S R2W CR 517 Marion County”; Thence along the centerline of Parr Road, North 8941’21” West, 89.43 feet to a point of intersection of said center line and the city limits line of the City of Woodburn, Oregon; Thence southerly along said city limits line, South 0017’03” West, 533.72 feet to the most easterly northeast corner of said Parcel 2 and the Point of Beginning; Thence continuing along said city limits line and the easterly line of said Parcel 2, South 0017’03” West, 1089.31 feet to the southerly line of said Parcel 2: Thence along said southerly line, North 8915’45” West, 1213.45 feet to the southwest corner of said Parcel 2; Thence along the westerly line of said Parcel 2, North 0028’03” East, 513.85 feet to the southerly right of way line of said Parr Road, also being the boundary line of said Parcel 2; Thence along said southerly right of way line North 8927’24” East, 30.06 feet to the easterly right of way line of said Parr Road, also being the westerly line of said Parcel 2; Thence along said westerly line the following six courses, North 0021’58” East, 187.44 feet, South 8931’28” East, 247.83 feet, North 4525’22” East, 28.26 feet, North 0022’12” East, 376.21 feet; North 8937’58” West, 267.79 feet, North 0032’36” East, 486.56 feet to the southerly right of way line of said Parr Road, also being the northerly line of said Parcel 2; Thence along said northerly line, South 8941’21” East, 897.70 feet to the most northerly northeast corner of said Parcel 2; Thence along the most northerly east line of said Parcel 2 South 0017’03” West, 503.98 feet; Thence along the easterly line of said Parcel 2, South 8944’34” East, 280.90 feet to the Point of Beginning. This parcel of land contains 37.754 acres, more or less. Basis of Bearings: Oregon State Plane Coordinate System, North Zone, NAD 83 (2011) Annexation Ordinance Exhibit A1 ---PAGE BREAK--- REEL 2436, PAGE 341 (NOT A PART) B A PARCEL 2 PP 2017-054 REEL 1919, PAGE 160 (NOT A PART) REEL 30' 30' PARCEL 1 PP 2017-054 (NOT A PART) PARR ROAD (CR 517) 30' 30' 30' 30' 30' 30' PARR ROAD N00°21'58"E 187.44' N00°32'36"E 486.56' S89°41'21"E 897.70' C D LEGEND: PP = PARTITION PLAT POC = POINT OF COMMENCEMNT POB = POINT OF BEGINNING C.R. = COUNTY ROAD DLC = DONATION LAND CLAIM CL = CENTERLINE MONUMENT REFERENCES: A - 3" BRASS DISK MARKED "T5S R2W CR 517 MARION COUNTY" HELD FOR CL ANGLE POINT C.R. 517 B - 3" BRASS DISK IN MONUMENT BOX MARKED "T5S R2W P.I. CR 517 MARION COUNTY" HELD FOR CL ANGLE POINT C.R. 517 C - 3" BRASS DISK IN MONUMENT BOX MARKED "T5S R2W NW COR DLC 88 MARION COUNTY" NW CORNER PETER RAYMOND DLC NO. 88 HELD FOR CL ANGLE POINT C.R. 517 D - 3" BRASS DISK IN MONUMENT BOX MARKED "T5S R2W PI SE COR DLC 61 CR 517" S.E. CORNER MOSES LORE D.L.C. 61 HELD FOR CL ANGLE POINT C.R. 517 25' 15' STUBB ROA PARR ROAD (CR 517) S89°41'21"E 1297.91' N89°41'21"W 89.43' S00°17'03"W 533.72' N00°32'36"E 540.33' N89°27'24"E 30.06' N00°21'58"E 529.82' POC POB CITY LIMITS A (CR 517) CITY LIMITS S00°17'03"W 1089.31' N89°15'45"W 1213.45' N00°28'03"E 513.85' S89°31'28"E 247.83' N00°22'12"E 376.21' N89°37'58"W 267.79' S00°17'03"W 503.98' S89°44'34"E 280.90' N45°25'22"E 28.26' ADJUSTED PROPERTY LINE AREA EXCLUDED ANNEXATION AREA 37.754 ACRES EXHIBIT A SHEET No. DRAWN BY: ORIG. DATE: PROJECT NO. Plotted: 4/20/2023 - 2:38pm, P:\0196-007 Woodburn Subdivision - Kalugin\dwg\surv\Easement\0196-007 Annexation Parcel 2.dwg, Layout: Annexation 6445 SW FALLBROOK PLACE, SUITE 100 BEAVERTON, OREGON 97008 TEL: (503) 746-8812 FAX: (503) 639-9592 www.emeriodesign.com ANNEXATION DESCRIPTION PARCEL 2 - PARTITION PLAT 2017-054 KALUGIN PROPERTY WOODBURN, OREGON 0196-007 4/14/2023 EDL 2 OF 2 N 0 250' SCALE: 1" = 250' BASIS OF BEARINGS : OREGON STATE PLANE COORDINATE SYSTEM, NORTH ZONE , NAD83 (2011) ---PAGE BREAK--- EXHIBIT A – Sheet 1 of 2 April 14, 2023 City of Woodburn Annexation Description That portion of Parr Road (60.00 feet wide), also known as County Road (CR) 517, lying in the SW 1/4 of Section 13, Township 5 South, Range 2 West, W.M., City of Woodburn, Marion County, Oregon, being more particularly described as follows: Commencing at the intersection of the center line of said Parr Road with the center line of Stubb Road CR 517 (40.00 feet wide), said point being marked with a 3” brass disk stamped “T5S R2W CR 517 Marion County”; Thence along the centerline of Parr Road, North 8941’21” West, 89.43 feet to a point of intersection of said center line and the city limits of the City of Woodburn, Oregon being the Point of Beginning; Thence southerly along said city limits line, South 0017’03” West, 30.00 feet to the southerly right of way line of said Parr Road; Thence along said southerly right of way line, North 8941’21” West, 1178.60 feet to the easterly right of way line of said Parr Road; Thence along said easterly right of way line, South 0032’36” West, 510.40 feet to an angle point; Thence continuing along said easterly right of way line, South 0021’58” West, 559.60 feet to the southerly right of way line of said Parr Road; Thence along said southerly right of way line, North 8958’32” West, 60.00 feet to a point of intersection of said southerly right of way line and the southerly prolongation of the westerly right of way line of said Parr Road; Thence along said southerly prolongation line and said westerly right of way line, North 0021’58” East, 560.05 feet to an angle point; Thence continuing along said westerly right of way line, North 0032’36” East 570.25 feet to the northerly right of way line of said Parr Road; Thence along said northerly right of way line, South 8941’21” East, 1238.33 feet to said city limits line; Thence along said city limits line, South 0017’03” West, 30.00 feet to the Point of Beginning. This parcel of land contains 138,517 square feet or 3.180 acres, more or less. Basis of Bearings: Oregon State Plane Coordinate System, North Zone, NAD 83 (2011) Annexation Ordinance Exhibit A2 ---PAGE BREAK--- REEL 2436, PAGE 341 (NOT A PART) B A PARCEL 2 PP 2017-054 (NOT A PART) REEL 1919, PAGE 160 (NOT A PART) 30' 30' PARCEL 1 PP 2017-054 (NOT A PART) PARR ROAD (CR 517) 30' 30' 30' 30' 30' 30' PARR ROAD TAX LOT 5S2W13BD 1100 TAX LOT 5S2W13BD 1200 TAX LOT 5S2W13BD 1300 TAX LOT 5S2W13BD 1400 TAX LOT 5S2W13BD 1500 TAX LOT 5S2W13BD 1600 TAX LOT 5S2W13BD 1700 TAX LOT 5S2W13BD 1800 PP 2021-009 PARCEL 1 TAX LOT 5S2W14 900 S00°21'58"W 559.60' S00°32'36"W 510.40' 1297.91' N89°41'21"W 1178.60' C D LEGEND: PP = PARITION PLAT POC = POINT OF COMMENCEMNT POB = POINT OF BEGINNING C.R. = COUNTY ROAD DLC = DONATION LAND CLAIM CL = CENTERLINE MONUMENT REFERENCES: A - 3" BRASS DISK MARKED "T5S R2W CR 517 MARION COUNTY" HELD FOR CL ANGLE POINT C.R. 517 B - 3" BRASS DISK IN MONUMENT BOX MARKED "T5S R2W P.I. CR 517 MARION COUNTY" HELD FOR CL ANGLE POINT C.R. 517 C - 3" BRASS DISK IN MONUMENT BOX MARKED "T5S R2W NW COR DLC 88 MARION COUNTY" NW CORNER PETER RAYMOND DLC NO. 88 HELD FOR CL ANGLE POINT C.R. 517 D - 3" BRASS DISK IN MONUMENT BOX MARKED "T5S R2W PI SE COR DLC 61 CR 517" S.E. CORNER MOSES LORE D.L.C. 61 HELD FOR CL ANGLE POINT C.R. 517 STUBB ROA PARR ROAD (CR 517) S89°41'21"E 1238.33' N89°41'21"W 89.43' S00°17'03"W 30.00' N00°32'36"E 570.25' N89°58'32"W 60.00' N00°21'58"E 560.05' POC POB S00°17'03"W 30.00' CITY LIMITS A (CR 517) 540.33' 529.82' ANNEXATION AREA 138,517 SQ. FT. EXHIBIT A SHEET No. DRAWN BY: ORIG. DATE: PROJECT NO. Plotted: 4/20/2023 - 2:36pm, P:\0196-007 Woodburn Subdivision - Kalugin\dwg\surv\Easement\0196-007 Annexation Ease.dwg, Layout: Annexation 6445 SW FALLBROOK PLACE, SUITE 100 BEAVERTON, OREGON 97008 TEL: (503) 746-8812 FAX: (503) 639-9592 www.emeriodesign.com ANNEXATION DESCRIPTION PARR ROAD (C.R. 517) KALUGIN PROPERTY WOODBURN, OREGON 0196-007 4/14/2023 EDL 2 OF 2 N 0 200' SCALE: 1" = 200' BASIS OF BEARINGS : OREGON STATE PLANE COORDINATE SYSTEM, NORTH ZONE , NAD83 (2011) ---PAGE BREAK--- Engineering & Project Delivery 190 Garfield Street ● Woodburn, Oregon 97071 Ph. 5030-982-5240 ● Fax [PHONE REDACTED] PUBLIC WORKS CONDITIONS OF LAND USE APPROVAL ANX 22-03, PP 22-02, SUB 22-04, VAR 22-07, & ZMC 22-03 Brighton Pointe Subdivision 8708 Parr Road Tax lots 052W130001001 January 4, 2023 A. CONDITIONS TO BE COMPLETED PRIOR TO CIVIL PLANS APPROVAL: 1. The Applicant, not the City, is responsible for obtaining any necessary permits from the State, Marion County, Oregon Division of State Lands, US Army Corps of Engineering and/or federal agencies that may require such permit or approval for the construction of this development. 2. Applicant to provide a final Engineer stamped storm drainage hydraulic analysis report for detention, conveyance system and a final 100 year floodway, floodplain, and wetland delineation for this development. The storm drainage hydraulic analysis shall comply with, 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 and public storm drainage systems or installing a new drainage system as per City’s and Marion County’s requirements and per approved Storm Drainage Hydraulic Analysis Report. 3. Applicant is responsible for obtaining approval from the Woodburn Fire District for dead- end turnarounds requirements for streets and private share access. 4. 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. 5. If required, a Permit from the Oregon Division of State Lands and US Army Corps of Engineering will need to be obtained to mitigate/delineated wetlands. This shall be obtained prior to city issuance of permit. The applicant, as applicable, shall also obtain other required regulatory permits. 6. Department of Environmental Quality Erosion Control 1200C permit will need to be obtained for this development prior to City issuing approval of civil plans. 7. Applicant to provide updated civil plans for the intersection of Street H and Parr Road to include the existing gravel access located south of the intersection. Plans must be reviewed by the City and Marion County and shall comply with current City, County, State and Federals safety guidelines and requirements. 8. Applicant to provide for the installation of all franchise utilities and shall provide any required easements for these facilities. All permanent utility services to the development ---PAGE BREAK--- shall be underground. 9. Applicant to provide street lighting (on site, along existing Parr Road, and future street south of Street H and Parr Road intersection) and in accordance with street lighting plan approved by the City and conforming to Portland General Electric installation and plan under option B. 10. Applicant to construct private storm sewer systems, including detention facilities in accordance with approved plans and drainage reports. All required on-site and off-site detention area(s) for the runoff from this site will need to be provided in accordance with the hydraulic analysis. The property owner shall maintain all on-site detention areas in perpetuity. 11. The Applicant, by this Development, shall not cause storm water runoff to be impounded on adjacent properties. 12. All sewer mains are a gravity system and the termini of sewer lines locations, depths, and sizes shall be such that it is suited for future extensions to adjoining areas. 13. All City-maintained facilities located on private property shall require a minimum of 16-foot wide utility easement conveyed to the City by the property owner. This is the applicant’s responsibility to provide, not the City’s. Utilities of unusual depth, size or location may require a larger width. 14. The applicant in accordance with all state regulations and requirements shall abandon on- site existing water wells and subsurface sewage disposal systems. 15. Applicant to provide a flexible pavement structured designed, for all new public streets, by a registered professional engineer using subgrade reaction appropriate for the site, traffic index, and a 20-year design life for pavement system. Structure thicknesses shall not be less than values form table on City of Woodburn Standard Detail No. 42001 (Typical Pavement Structure). 16. The owner/applicant shall be required to enter into an improvement agreement. 17. Applicant to pay all public improvements (right-of-way) fees for all public improvements that are to be maintained by the City as per Ordinance #1795. 18. Final review of the Civil Plans will be done during the Subdivision Application for Construction. Public infrastructure will be designed and constructed in accordance with plans approved by public works and complying with City, Marion County, State and Federal requirements/guidelines current at the time of the subdivision application. 19. Provide and record the required right-of-way dedications and public utility easements, at time of final plat recordation. 20. Applicant is required to coordinate work with other developments (tax lot 052W140000800, tax lot 052W130000900, tax lot 052W130000800, tax lot 052W130000105) for all improvements that may affect/impact this development: a. Improvements to Parr Road b. Installation of sidewalks outside of property boundaries, safe route to school connectivity. ---PAGE BREAK--- Engineering & Project Delivery 190 Garfield Street ● Woodburn, Oregon 97071 Ph. 5030-982-5240 ● Fax [PHONE REDACTED] c. Installation of sewer, storm, and water mains that may be need to be installed prior to this development. d. Franchise Utilities relocations. e. Etc. ---PAGE BREAK--- SITE MAP SITE DATA N VICINITY MAP BENCHMARK INFORMATION ENGINEER'S NOTE TO CONTRACTOR 219 - LOT SUBDIVISION - TENTATIVE SUBDIVISION IMPROVEMENT PLANS TAXLOT 052W130001001 CITY OF WOODBURN, OREGON LEGEND Dig Safely. Call the Oregon One-Call Center DIAL 811 or 1-[PHONE REDACTED] Dig Safely. Call the Oregon One-Call Center DIAL 811 or 1-[PHONE REDACTED] PROJECT CONTACTS PAPER SCALE NOTE DRAWING INDEX 1500 VALLEY RIVER DRIVE, SUITE 100 EUGENE, OREGON 97401 TEL: (503) 746-8812 FAX: (503) 639-9592 www.emeriodesign.com BRIGHTON POINTE TAX MAP 052W13-TL 1001 MARION COUNTY WOODBURN, OREGON NOT FOR CONSTRUCTION SITE COVER SHEET 1 9 N ATTACHMENT 106 ---PAGE BREAK--- N EXISTING CONDITIONS 2 9 EXISTING CONDITIONS PLAN 1500 VALLEY RIVER DRIVE, SUITE 100 EUGENE, OREGON 97401 TEL: (503) 746-8812 FAX: (503) 639-9592 www.emeriodesign.com BRIGHTON POINTE TAX MAP 052W13-TL 1001 MARION COUNTY WOODBURN, OREGON NOT FOR CONSTRUCTION ---PAGE BREAK--- N TENTATIVE PLAT 1500 VALLEY RIVER DRIVE, SUITE 100 EUGENE, OREGON 97401 TEL: (503) 746-8812 FAX: (503) 639-9592 www.emeriodesign.com BRIGHTON POINTE TAX MAP 052W13-TL 1001 MARION COUNTY WOODBURN, OREGON NOT FOR CONSTRUCTION TENTATIVE PLAT 3 9 ---PAGE BREAK--- TR. N TENTATIVE SITE PLAN 4 9 TENTATIVE SITE PLAN 1500 VALLEY RIVER DRIVE, SUITE 100 EUGENE, OREGON 97401 TEL: (503) 746-8812 FAX: (503) 639-9592 www.emeriodesign.com BRIGHTON POINTE TAX MAP 052W13-TL 1001 MARION COUNTY WOODBURN, OREGON NOT FOR CONSTRUCTION STREET TREE PLANTING NOTES SITE AREAS LOT COUNTS RSN ZONE SETBACK REQUIREMENTS - WDO TABLE 2.02C RSN DENSITY CALCULATIONS LOT TYPE LEGEND RMN ZONE SETBACK REQUIREMENTS - WDO TABLE 2.02F RMN DENSITY CALCULATIONS LOT DIMENSIONS ---PAGE BREAK--- TYPICAL STREET SECTIONS 5 9 LOCAL RESIDENTIAL STREET - TYPICAL SECTION 1" = 5' 1 4 PARR ROAD NE (EAST-WEST) - HALF STREET IMPROVEMENT SECTION (SERVICE COLLECTOR) 1" = 5' 2 4 ALLEY 1, 3, AND 4 - TYPICAL SECTION 1" = 5' 4 4 1500 VALLEY RIVER DRIVE, SUITE 100 EUGENE, OREGON 97401 TEL: (503) 746-8812 FAX: (503) 639-9592 www.emeriodesign.com BRIGHTON POINTE TAX MAP 052W13-TL 1001 MARION COUNTY WOODBURN, OREGON NOT FOR CONSTRUCTION ALLEY 2 - TYPICAL SECTION 1" = 5' 5 4 PARR ROAD NE (NORTH-SOUTH) - HALF STREET IMPROVEMENT SECTION (MINOR ARTERIAL) 1" = 5' 3 4 ---PAGE BREAK--- N TENATIVE GRADING PLAN 1500 VALLEY RIVER DRIVE, SUITE 100 EUGENE, OREGON 97401 TEL: (503) 746-8812 FAX: (503) 639-9592 www.emeriodesign.com BRIGHTON POINTE TAX MAP 052W13-TL 1001 MARION COUNTY WOODBURN, OREGON NOT FOR CONSTRUCTION TENTATIVE GRADING PLAN 6 9 ---PAGE BREAK--- N TENTATIVE COMPOSITE UTILITY PLAN 7 9 TENATIVE COMPOSITE UTILITY PLAN 1500 VALLEY RIVER DRIVE, SUITE 100 EUGENE, OREGON 97401 TEL: (503) 746-8812 FAX: (503) 639-9592 www.emeriodesign.com BRIGHTON POINTE TAX MAP 052W13-TL 1001 MARION COUNTY WOODBURN, OREGON NOT FOR CONSTRUCTION ---PAGE BREAK--- N TENTATIVE EROSION CONTROL AND SEDIMENT PLAN 8 9 TENATIVE EROSION CONTROL AND SEDIMENT PLAN 1500 VALLEY RIVER DRIVE, SUITE 100 EUGENE, OREGON 97401 TEL: (503) 746-8812 FAX: (503) 639-9592 www.emeriodesign.com BRIGHTON POINTE TAX MAP 052W13-TL 1001 MARION COUNTY WOODBURN, OREGON NOT FOR CONSTRUCTION ESCP LEGEND ---PAGE BREAK--- TR. N TENTATIVE PHASING PLAN 9 9 TENTATIVE PHASING PLAN 1500 VALLEY RIVER DRIVE, SUITE 100 EUGENE, OREGON 97401 TEL: (503) 746-8812 FAX: (503) 639-9592 www.emeriodesign.com BRIGHTON POINTE TAX MAP 052W13-TL 1001 MARION COUNTY WOODBURN, OREGON NOT FOR CONSTRUCTION ---PAGE BREAK--- PARR/EVERGREEN CONSTRUCTION EXHIBIT 1 1 PARR/EVERGREEN SPECHT CONSTRUCTED FIRST 1500 VALLEY RIVER DRIVE, SUITE 100 EUGENE, OREGON 97401 TEL: (503) 746-8812 FAX: (503) 639-9592 www.emeriodesign.com BRIGHTON POINTE TAX MAP 052W13-TL 1001 MARION COUNTY WOODBURN, OREGON NOT FOR CONSTRUCTION PARR/EVERGREEN SPECHT NOT CONSTRUCTED LEGEND ATTACHMENT 106A ---PAGE BREAK--- 1500 VALLEY RIVER DRIVE, SUITE 100 EUGENE, OREGON 97401 TEL: (503) 746-8812 FAX: (503) 639-9592 www.emeriodesign.com BRIGHTON POINTE TAX MAP 052W13-TL 1001 MARION COUNTY WOODBURN, OREGON NOT FOR CONSTRUCTION FENCE DETAIL PARR/EVERGREEN TRACT OPEN SPACE EXHIBIT 1 2 ATTACHMENT 106B ---PAGE BREAK--- 1500 VALLEY RIVER DRIVE, SUITE 100 EUGENE, OREGON 97401 TEL: (503) 746-8812 FAX: (503) 639-9592 www.emeriodesign.com BRIGHTON POINTE TAX MAP 052W13-TL 1001 MARION COUNTY WOODBURN, OREGON NOT FOR CONSTRUCTION PARK DETAILS 2 2