Document Woodburn_doc_6bf7bddd67

IN THE CITY COUNCIL OF WOODBURN, OREGON PUD 2017-01 SUB 2017-01 EXCP 2017-03 VAR 2017-14 (4 requests) pp 2017-01 FINAL ORDER WHEREAS, Stafford land Company LLC, submitted the following applications: • Planned Unit Development 2017-01 • Subdivision, Preliminary 2017-01 • Exception to Street Right of Way and Improvement Requirements ("Street Exception") 2017-03 • Variance 2017-14 (4 requests), and • Phasing Plan 2017-01; and WHEREAS, the applicant submitted Nodal Development Overlay Master Plan and annexation applications apart from this Final Order because the Council approves them via Resolution No. 2124 to accept the Nodal Master Plan, Ordinance No. 2565 to annex, and Ordinance No. 2566 to designate City zoning and because the two applications are not conditioned with conditions of approval; and WHEREAS, Section 4.01.07 of the Woodburn Development Ordinance (WOO) requires that the City process consolidated applications following the procedures applicable for the highest type of decision; and WHEREAS, the annexation required a Type IV approval process, and therefore the City processed the applications as Type IV; and WHEREAS, on October 11, 2018, the Woodburn Planning Commission considered the applications and after a duly advertised public hearing recommended to approve with conditions; and WHEREAS, on the specially scheduled date of October 29, 2018, the Woodburn City Council held a public hearing, reviewed the record and heard all public testimony presented on said applications, and, upon deliberation, concluded that the Smith Creek Development proposal meets the applicable approval criteria under the WOO with conditions; and WHEREAS, the Council heard testimony, deliberated, and tentatively approved the applications with the conditions of approval, recommended by staff, and with two revisions: 1. Striking Condition T-A4 (stop sign removals from W. Hayes Stat Oregon Way}, and 2. Adding a note to the applicant to address whether and how any given alley-loaded dwelling that abuts both a street and an alley is addressed off of the alley or the street and that staff ---PAGE BREAK--- and the developer address and resolve the issue. Notes follow the revised conditions of approval, and Note to the Applicant 4b is the note; NOW, THEREFORE, THE CITY OF WOODBURN ORDERS AS FOLLOWS: Section 1. That the requested Planned Unit Development; Subdivision, Preliminary; Exception to Street Right of Way and Improvement Requirements ("Street Exception"); Variance (4 requests); and Phasing Plan applications are hereby approved, subject to the conditions of approval included herein. Section 2. That the City Council adopts the analysis and findings that staff revised in accordance with the October 29 Council motion of approval, affixed hereto as Exhibit and by this reference incorporated herein. Dated this d~f November, 2018. Exhibits: A. Analyses and Findings Applicant's exhibits are appended to Exhibit A for context to administer conditions: • B Narrative: excerpts: o pp. 4-10 and 18 (residential basic development standards) o pp. 35-37 (vision clearance area) o pp. 49-52 and 63 (architecture) o pp. 54 (PUD modifications Table 3.0) o pp. 59-60 (phasing order) • D Example House Plans and Elevations Renderings series (21 sheets) • C-4 Color Lot Type Map • C-5 Typical Lots series (7 sheets) • C-8 Site plan series (13 sheets) • C-11 Streets series (3 sheets) • C-14 Proposed Zoning Plan • P Supplement: Killian Spring Parkway Extension Section and Detail Plan • Y-1 Proposed Public Land I Common Area • Y-2 Stormwater: Grading of City Stormwater Tract Conditions of approval begin on p. 49 and Notes to the Applicant on p. 68. ---PAGE BREAK--- Final Order Exhibit A Page 1 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 1 of 72 Analyses & Findings This attachment to the staff report analyzes the application materials and finds through statements how the application materials relate to and meet applicable provisions such as criteria, requirements, and standards. They confirm that a given standard is met or if not met, they call attention to it, suggest a remedy, and have a corresponding recommended condition of approval. Symbols aid locating and understanding categories of findings: Symbol Category Indication Requirement (or guideline) met No action needed Requirement (or guideline) not met Correction needed Requirement (or guideline) not applicable No action needed  Requirement (or guideline) met, but might become unmet because of condition applied to meet separate and related requirement that is not met  Plan sheets and/or narrative inconsistent  Other special circumstance benefitting from attention Revision needed for clear and consistent records Section references are to the Woodburn Development Ordinance (WDO). “SDA” refers to the site development area that is the whole Smith Creek Development. Table of Contents I. Location 2 II. Land Use & Zoning 3 III. Statutory Dates 5 IV. Comprehensive Plan Goals 7 V. Annexation 10 VI. Master Plan Provisions 14 VII. Planned Unit Development (PUD) Provisions 16 VIII. Preliminary Subdivision Provisions 29 IX. Exception to Street Right of Way and Improvement Requirements (“Street Exception”) Provisions 35 ---PAGE BREAK--- Final Order Exhibit A Page 2 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 2 of 72 X. Variance Provisions 38 XI. Phasing Plan Provisions 46 XII. Applicant Identity 48 XIII. Conditions of Approval 49 All or Multiple Phases 49 Phase 1A 60 Phase 1B 67 Phase 2A 67 Phase 2B 67 Phase 2C 67 Phase 3A 67 Phase 3B 68 Phase 4A 68 Phase 4B 68 XIV. Notes to the Applicant 68 I. Location Address(es) 690 Ben Brown Lane Tax Lot(s) Primary Tax Lot 052W13 00100 with Additional Lots 052W13BD 00100 & 200 and 051W18BC 04000 Nearest intersections (clockwise from north)  McLaughlin and Desantis Drives  McLaughlin Drive and Austin Avenue  McLaughlin and Smith Drives  Ben Brown Lane and Elana Way  Parr and Stubb Roads NE  Harvard Drive and Vasser Street ---PAGE BREAK--- Final Order Exhibit A Page 3 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 3 of 72 II. Land Use & Zoning Comprehensive Plan Land Use Designation In order of greater to lesser land area: Low Density Residential Nodal Development Overlay; Medium Density Residential Nodal Development Overlay; and Low Density Residential Zoning District Upon annexation and in order of greater to lesser land area: Nodal Single Family Residential (RSN) Nodal Multi-Family Residential (RMN) Residential Single Family (RS) Overlay District(s) Nodal Single Family Residential (RSN)* Nodal Multi-Family Residential (RMN)* Riparian Corridor and Wetlands Overlay District (RCWOD) (*The WDO presents each district as both a base zone in 2.02 and an overlay zone in 2.05.) Existing Use(s) Rural dwellings, agriculture For context, the two images below illustrate respectively the adjacent comprehensive or “comp” plan designations and zoning districts: ---PAGE BREAK--- Final Order Exhibit A Page 4 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 4 of 72 Comp Plan Land Use Map Excerpt Color Land Use Designation pale yellow Low Density Residential turquoise Public Use brown Medium Density Residential medium green Open Space and Parks ---PAGE BREAK--- Final Order Exhibit A Page 5 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 5 of 72 Zoning Map Excerpt Acronym Zoning District RS Residential Single Family P/SP Public and Semi-Public RM Medium Density Residential R1S Retirement Community Single Family Residential III. Statutory Dates Application Completeness July 23, 2018 120-Day Final Decision Deadline November 20, 2018 per Oregon Revised Statutes (ORS) 227.178. (The nearest and prior regularly scheduled City Council date is October 22, 2018.)* ---PAGE BREAK--- Final Order Exhibit A Page 6 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 6 of 72 *However, the Assistant City Attorney had counseled staff on January 16, 2018 that an annexation request is not subject to the 120-day deadline for final action per 227.178(8). The following applications constitute the Smith Creek Development consolidated applications package:  Annexation ANX 2017-05  Master Plan MP 2017-02  Planned Unit Development: Conceptual Development Plan PUD 2017-01  Subdivision, Preliminary SUB 2017-01  Exception to Street Right of Way and Improvement Requirements (“Street Exception”) EXCP 2017-03  Variance VAR 2017-14, and  Phasing Plan PP 2017-01. Because the consolidated applications package include annexation, which per 5.04.01 is a Type IV review with City Council decision and the highest type among the applications, the Planning Commission recommends upon all the applications and the Council decides upon them. The applicant submitted application materials on October 24, 2017 and revised and additional materials through September 19, 2018 (excerpted within Attachment 103). ---PAGE BREAK--- Final Order Exhibit A Page 7 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 7 of 72 IV. Comprehensive Plan Goals This section reproduces applicable comprehensive or “comp” plan goals in one section so that further below staff can simply cite a goal by number instead of reproducing the same goal text repeatedly. D. Residential Land Development and Housing D-1.1 Residential areas should be designed around a neighborhood concept. Neighborhoods should be an identifiable unit bounded by arterials, non-residential uses, or natural features of the terrain. The neighborhood should provide a focus and identity within the community and should have a community facility, such as a school, park, or privately owned community facility to allow for interaction within the neighborhood. D-2.5 To provide for needed housing close to neighborhood shopping with a pedestrian orientation, Woodburn shall adopt a new Nodal Development Overlay. This overlay designation shall apply in Southwest Woodburn as shown on the Woodburn Comprehensive Plan Map. Special design standards shall ensure a pedestrian orientation and compatibility between the residential and commercial uses. G. Growth Management and Annexation G-1.6 The City shall encourage high standards of design and flexibility that are enabled by the PUD zone. G-1.20 Woodburn shall apply a minimum density standard for new subdivisions and planned unit developments of approximately 80% of the allowed density in each residential zone. G-2.2 Woodburn will achieve more efficient utilization of land within the City by: Incorporating all of the territory within the City limits that will be of benefit to the City. Providing an opportunity for the urban in-fill of vacant and under utilized property. Fostering an efficient pattern of urban development in the City, maximizing the use of existing City facilities and services, and balancing the costs of City services among all benefited residents and development. Requiring master development plans for land within Nodal Development Overlay or Southwest Industrial Reserve overlay designations prior to annexation. Master plans shall address street connectivity and access, efficient provision of public facilities, and retention of large parcels for their intended purpose(s). G-2.3 Woodburn will use annexation as a tool to guide: The direction, shape and pattern of urban development; Smooth transitions in the physical identity and the development pattern of the community; and ---PAGE BREAK--- Final Order Exhibit A Page 8 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 8 of 72 The efficient use and extension of City facilities and services. H. Transportation H-1. Develop a multimodal transportation system that avoids or reduces reliance on one form of transportation and minimizes energy consumption and air quality impacts. H-1.1 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. H-1.3 Develop a bikeway system that provides routes and facilities that allow bicyclists to travel from residential areas to schools, parks, places of employment, and commercial areas. Identify off- street facilities in City greenway and park areas. Ensure all new or improved collector and arterial streets are constructed with bicycle lanes. H-1.4 Identify sidewalk and off-street pathway improvements to improve pedestrian mobility within neighborhoods and between residential areas and schools, parks, places of employment, and commercial areas. Ensure all new or improved collector and arterial streets are constructed with sidewalks. H-2. Develop a street system that will handle projected year 2020 traffic demands in the Woodburn area, and interconnects residential areas with employment centers, schools, parks, churches, and regional transportation facilities. H-2.3 Identify new east-west and north-south collector/minor arterial streets within the City to relieve traffic demands on Oregon 219/214, 211, and 99E and coordinate with Marion County to construct the street connections needed outside of the urban growth boundary (UGB). Where development of new collector/minor arterial streets is not possible within the near future, such as when an alignment runs outside of the UGB, work with property owners during subdivision to provide local street connections to improve connectivity in the interim. H-3. Develop transportation improvements that address overall traffic safety in the Woodburn area. H-3.2 Develop a plan for improving pedestrian and bicycle safety for travel to and from local schools, commercial areas, and major activity centers. H-5.1 Identify 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. H-6.5 Woodburn shall consider traffic calming of through traffic in neighborhoods. Woodburn will coordinate with Marion County in making recommendations for methods and procedures for traffic ---PAGE BREAK--- Final Order Exhibit A Page 9 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 9 of 72 calming that directly affects a county road, developing recommended best practices for methods, locations, and processes for traffic calming in both existing and new developments H-6.7 The Woodburn TSP shall include measures to improve the walking and biking environment by providing sidewalks in all new developments and by providing an interconnecting system of pedestrian connections. Designing for a comfortable and practical pedestrian environment is especially important in Downtown Woodburn and within the Nodal Development Overlay. L. Parks and Recreation L-1. The Woodburn Parks and Recreation Comprehensive Plan shall establish a framework for land acquisition and future park improvements within the community. It is the goal of the City to provide adequate parks, recreation facilities, and open space to maintain Woodburn’s livability and managed growth, and to provide social, economic and environmental benefits to individuals, families and the community. L-1.1 The City will ensure that sufficient land is made available to meet current and future parks and open spaces needs by acquiring and developing new parks in the area west of Interstate 5; the southwest area of the city, east of Interstate 5; and the southeast area of the City, west of Highway 99E. L-1.2 Where feasible, the City will acquire and develop neighborhood parks, trails, and open spaces through the development review process. L-1.4 To ensure walkability, the City will strive to provide parks, trails, and indoor facilities within one-third mile of Woodburn residents. L-1.6 It is the policy of the City to implement the Mill Creek Greenway Master Plan, and to manage the Mill Creek, Goose Creek and Senecal Creek corridors as public greenways and pathways; multiple functions will include open space and habitat preservation, flood control, cycling and walking on all-weather pathways, nature recreation and education, and limited playground activities where there is a deficiency of neighborhood parks. The City will establish and enforce a healthy streams policy to ensure that Woodburn’s waterways are preserved and well-maintained. L-1.7 To provide for a continuous public greenway and pathway system, it is the policy of the City to acquire privately-owned segments along Mill Creek, Goose Creek, and Senecal Creek and other stream corridors including the west tributary from Settlemier Park to Parr Road. It is the policy of the City to seek dedication of floodplains and creek corridors for natural areas, neighborhood recreation areas, open space and transportation. L-1.11 Because recreation participation preferences and interests vary among employment, ethnic, social, and cultural groups, it is the policy of the City to ensure that parks, open spaces, facilities, and programs are developed to meet the diverse needs and interests of Woodburn’s population. ---PAGE BREAK--- Final Order Exhibit A Page 10 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 10 of 72 M. Energy Conservation M-1. The goal of the City is to encourage conservation of energy in all forms, and to conserve energy itself in the City's operations, buildings, and vehicular use. M-1.2 The City shall increase its commitment to energy conservation, including alternative energy vehicles, increased recycling, and reduction in out-of-direction travel. The City shall encourage its citizens and visitors to conserve energy. Where feasible, the City should retrofit City buildings and structures so that they may be more energy efficient. V. Annexation Provisions 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; ---PAGE BREAK--- Final Order Exhibit A Page 11 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 11 of 72 3) The territory proposed for annexation should reflect the City’s goals for directing growth by using public facility capacity that has been funded by the City’s capital improvement program; 4) The site is feasible for development and provides either: a) Completion or extension of the arterial/collector street pattern as depicted on the Woodburn Transportation System Plan; or b) Connects existing stub streets, or other discontinuous streets, with another public street. 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: … 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 2017-02) on February 2, 2017 as well as an additional meeting with staff on August 8, 2017 prior to application. Regarding the criteria of subsection ---PAGE BREAK--- Final Order Exhibit A Page 12 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 12 of 72 1. The City comprehensive or “comp” plan, Section G. Growth Management and Annexation contains growth management policies.  Staff references Goal G-2.2, as does the applicant in the narrative (Exhibit Staff concurs with the applicant and summarizes that the territory can benefit the City through land supply for housing and parkland and fosters and efficient pattern of urban development by developing a larger finger of southwest rural land that lies close to central Woodburn to the east and the developed highway corridor to the north of the territory. Lastly, the applicant submitted the master plan required for any application for annexation within the Nodal Development Overlay comp plan map designation.  Staff references Goal G-2.3, as does the applicant. Staff concurs with the applicant and adds that staff and the applicant have negotiated the corollary development applications to propose a develop that well directs, shapes, and patterns urban development, transitions smoothly to, from, and along existing development, and efficiently completes City facilities and services, namely street connectivity; potable water, sanitary sewer, and storm water sewer; public parkland; and the Mill Creek Greenway trail. The applicant cites additional goals, and staff concurs. 2. The territory is contiguous with city limits. The territory would link to planned public facilities with adequate capacity to serve the few existing rural homesteads. Through proposed development and with conditions of approval for the development applications corollary to the annexation application, the territory would guarantee that public facilities have adequate capacity to serve development of the property. 3. The annexation shows a demonstrated community need for additional territory and development based on the following considerations: 1) It is contiguous to the City on at least two sides, generally north and east. 2) The comp plan land use map designates the territory a combination of Low and Medium Density Residential of which the vast majority has also the Nodal overlay. The applicant’s request to annex indicates anticipated market need for housing types such as detached houses and row houses that would be permitted upon application of the RS, RSN, and RMN zoning districts or zones. Also, there is no oversupply of annexed Low or Medium Density Residential because the vast ---PAGE BREAK--- Final Order Exhibit A Page 13 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 13 of 72 majority of Low Density Residential land is under active land use entitlement – such as for planned unit development and subdivisions – or building permit reviews or is undergoing construction, such that the supply with the annexation would not exceed five years, and the annexation includes a small portion of Medium Density Residential land within the urban growth boundary (UGB). Though the project covers a large area, the undeveloped residential land within the UGB is much larger. The annexation does not increase the inventory of buildable land designated on the comp plan map as Low or Medium Density Residential to more than a 5-year supply, meaning more than a quarter of the 20- year total residential supply within the UGB. Lastly, the narrative (Exhibit B, p. 59) indicates a project build-out of at least five to eight years, meaning development would not saturate the housing market in a single year or two and would provide a supply equal to that timeframe. 3) The corollary development will extend two streets major thoroughfares that the City plans for through Transportation System Plan (TSP) Figure 7-1 “Functional Classification Designations” (Attachment 104C): the Ben Brown Lane extension as Access Street Class to a joined Harvard Drive and Stubb Road, Harvard Drive itself also extending to join Stubb Road as Access Street class. 4) The territory is feasible for development, being relatively flat former farmland having no obvious physical constraints (other than a broad and shallow depression channeling stormwater to the west tributary of Mill Creek), and is adjacent to existing City infrastructure and Marion County roads and, as described above in both extends and completes the arterial/collector street pattern as TSP Figure 7-1 depicts and connects six existing stub streets (Desantis Drive, Austin Avenue, Smith Drive, Ben Brown Lane, Stubb Road, and Harvard Drive) with extended and new public streets. The annexation includes right-of-way (ROW) of portions of Ben Brown Lane, Parr Road, and Stubb Road. Major infrastructure for the three major utilities – potable water, sanitary sewer, and stormwater management – follow mostly along or under streets. Additionally, the comp plan above and beyond the TSP plans for utility infrastructure through Section I. Public Facilities. Upon development, the City requires improvements of developers to upgrade and extend planned infrastructure. 5) The applicant asserts no unmet community need. 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 ---PAGE BREAK--- Final Order Exhibit A Page 14 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 14 of 72 City Council has not yet identified such a need. Examples of community needs include park space and conservation of significant natural or historic resources, and the corollary development does include much Mill Creek greenway area that the developer is to improve and dedicate as park space. Regarding the applicant obtained the requisite written consent and such that no election is needed. Regarding the applicant confirms the proposal includes no request to amend the land use designation or rezone the territory to zones other than those compatible with the comp plan map designations per comp plan Policy Table 1 (Attachment 104B). Regarding the applicant addresses subsection 1. by transferring portions of adjacent ROWs to the City. Regarding subsection Public Works staff indicated that dedication of public utility easements (PUEs) is deferred until the corollary development. As a single concluding and summarizing statement:  the territory is within the UGB;  the territory is designated for low and medium density housing – i.e. houses, manufactured dwellings, corner duplexes, row houses, and multi-family dwellings (colloquially thought of as apartments and condos);  the applicant’s request to annex and develop indicates market need for new housing stock; and  Per City plans, the WDO, and conditions of approval, the proposed corollary development will provide needed public facilities benefiting itself and the city at large. The criteria are met. VI. Master Plan Provisions Because the proposal is for annexation of territory that the comp plan map designates as Nodal Development Overlay, 2.05.04C. requires that the applicant present a master development plan to the City Council for its approval. The applicant is the first ever to present a Nodal master development plan. ---PAGE BREAK--- Final Order Exhibit A Page 15 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 15 of 72 Every annexation applicant is required to do so, and per C.1. the master development plan is conceptual and non-binding. Also per C.1., the purpose is for the City to use it as a general guide for development within the Nodal overlay. 2.05.04C. Master Planning Requirement 1. A master development plan shall be approved by the City Council for the entire area designated as Nodal Overlay on the Comprehensive Plan Map, prior to annexation of any property within the Nodal Development Overlay Comprehensive Land Use Plan map designation. The master plan shall be conceptual and non-binding in nature, but may be used as a general guide for development within the Nodal Overlay Districts. 2. The required master plan shall show: a) The location and rights-of-way for existing and planned streets. These streets shall provide access to all existing and proposed parcels, consistent with the Transportation System Plan (TSP); b) The location and size of existing and planned sanitary sewer, storm water and water facilities, at adequate levels to serve existing and proposed development; c) The location and area of the Riparian Corridor and Wetlands Overlay District (RCWOD). Planned streets and public facilities that cannot reasonably avoid the RCWOD shall be indicated; d) A development plan for the Nodal Neighborhood Commercial center, neighboring multi-family areas, and potential parks, including planned pedestrian and bicycle connections within the Nodal Overlay District as shown on the Transportation System Plan, and pedestrian and bicycle connections to Southwest Industrial Reserve areas; e) A development plan for all residential areas, demonstrating consistency with applicable nodal design standards. The master development plan is composed of the Exhibit C-15 series (Attachment 103C-15) and shows the required items per C.2. It is up to the Council to do with it as it wishes. Though of course the Smith Creek Development proposal is an integrated project separate in itself, staff recommends that the Commission and Council consider how the project influences transitions by future development projects to the south across Parr Road, west across Stubb Road, and along the headwaters of the west tributary of Mill Creek. Just as importantly, the Council should consider whether the master plan sketches the kind of walking and cycling development that the Nodal overlay should manifest per 2.05.04A.: “The intent of the overlay districts is to provide community identity to higher density residential developments within walking distance (generally one-half mile or less) of the neighborhood commercial center. Nodal development will be designed with a pedestrian focus, with interconnected streets and pedestrian walkways, alleys serving garages located at the rear of lots ---PAGE BREAK--- Final Order Exhibit A Page 16 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 16 of 72 If the Commission or Council believes the plan does not, it should briefly direct staff about what legislative amendments it wishes the Council to pursue and when in the medium to long-term future and then continue in the here and now with deliberation and decision about the Smith Creek Development itself. The provisions are met. 2.05.04 Nodal Overlay Districts B. Nodal Single Family Residential (RSN) and Nodal Medium Density Residential (RMN) Districts 1. Vehicular access directly to a public street is prohibited and alley access to garages facing the alley is required for anything other than standard single family development. Off-street parking, maneuvering and storage is prohibited within a required front or side setback, or any yard abutting a street with attached single family and small-lot single family development. 2. Alleys shall be required for all small lot single-family residential subdivisions and attached single family (row houses) development. Alleys shall be dedicated and paved to a minimum width of 20 feet. No parking shall be allowed within an alley right-ofway. The applicant proposals an overall site plan in which approximately 55.9% of the small lots are alley-loaded. To not have all small lots be alley-loaded, the applicant proposes variance request number four that staff analyzes further below under the Variance Provisions section. Variance: Staff addresses the provision of B. later under the Variance Provisions section. VII. Planned Unit Development (PUD) Provisions Several exhibits show the PUD boundary, including C-4 Color Lot Type Map, C-13 PUD Boundary, and Y-1 Overall Site Plan and (Attachments 103C-4, 103C-13, & 103Y-1). 3.09 Planned Unit Developments The purpose of this Section is to establish the requirements for Planned Unit Developments (PUDs). PUDs allow flexible development standards, unique street cross-sections, and more variety in permitted uses. They are especially appropriate when developing properties with unique topographic, geotechnical, or other constraints. They also encourage innovation and creative approaches for developing land. In exchange for the ability to modify development and use standards, PUDs must provide common open space and enhanced public amenities. 3.09.01 Allowable Types and Minimum Area of PUDs A. Transfer of Density PUD ---PAGE BREAK--- Final Order Exhibit A Page 17 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 17 of 72 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 narrative (Exhibit B, p. 55) indicates the applicant opts for a residential PUD, and the site development area exceeds two acres. 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 1. Any use allowed in any zone shall be allowed in a Mixed-Use 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. 2. Mixed-Use PUDs are limited to a maximum of one third of the gross area of the non-district uses. There shall be no net increase of commercial or industrial area. Example: Commercial or industrial uses are limited to one third of the gross area of a residential zone. Residential uses are likewise limited to one third of the area of a commercial or industrial zone but are unrestricted in a residential zone. 3. Industrial uses shall be separated from residential uses (whether within the PUD or outside it) by at least 30 feet, except for one dwelling unit in conjunction with an industrial use, as allowed by Table 2.04A. ---PAGE BREAK--- Final Order Exhibit A Page 18 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 18 of 72 The narrative 55) and staff acknowledge that B. applies. Because the applicant opts not to describe any particular conditional use (CU) in the RS, RSN, or RMN zone, any future request for such use would require separate approval. Note: Because the greenway will assume residential zoning and staff assumes the developer will dedicate the greenway to the City, the following might become an issue later. Per Table 2.02A, B4 “government and public utility buildings and structures” are a CU in both the RSN and RMN zoning districts. Within the same table, B12 “rights-of-way, easements and improvements for streets, water, sanitary sewer, gas, oil, electric and communication lines, stormwater facilities and pump stations” are permitted uses. Were the City to later propose something matching the category of “government and public utility buildings and structures” such as park buildings and structures, the City would need to subject itself to the CU process. To preclude the potential issue, the City could opt to request that the developer modify or append to the narrative as a revised Exhibit B to describe the CU of Table 2.02A, B4 and to describe it also in the PUD Detailed Development Plan. The provisions are met. 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 ---PAGE BREAK--- Final Order Exhibit A Page 19 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 19 of 72 include, but are not limited to, solar heating or electrical generation, community gardens, public art, mitigation of off-site stormwater, and greywater diversion. The narrative 56) indicates that the proposal avails itself of and D. for a total of 70% density transfer. The provisions are met. 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 applicant requests through the narrative 57) that the City consider the PUD proposal as both a Conceptual Development Plan and a Detailed Development Plan. 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. ---PAGE BREAK--- Final Order Exhibit A Page 20 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 20 of 72 The applicant requests through the narrative 57) that the City consider the PUD proposal as both a Conceptual Development Plan and a Detailed Development Plan. Staff accepts; however, because the details of several design topics remain unknown or unresolved and each phase plan is not yet detailed enough to be akin to construction drawings, for subsection staff applies Condition G5 requiring a Final Plan (FP) for each phase that must come before or with an application to the City for final plat. The provision is met with Condition G5. The proposed Phase 1A/2A clubhouse may avail itself of subsection C. 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 Plan 2 ---PAGE BREAK--- Final Order Exhibit A Page 21 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 21 of 72 Common Area and Density Standards for Planned Unit Developments Table 3.09A Transfer of Density Residential Mixed-Use 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). The applicable minimum common area row is “five or more dwelling units and the proposal includes common area of 30.8% (23.72 acres among 77.0; Exhibit B p. 71). This amount is limited to common area within the PUD boundary. The applicable minimum improved common area row is “five or more dwelling units and the proposal includes common area exceeding 48,400 square feet (sq ft) based on (100 sq ft x 484 dwellings) and improvement in the form of a paved greenway trail. Of the more than 800 total dwellings, 484 are within the PUD boundary 71). The minimum density per the comp plan is for RS 5.2 dwellings per net acre, for RSN 7.9, and for RMN 10. The Exhibit T density table indicates that the proposal meets the minimums. The proposal does not approach or exceed the maximum densities for 7.26 for RS, 10.89 for RSN, and 22 for RMN. Regarding Footnote 1, several of the common areas including the greenway can accommodate a circle 25 ft in diameter. The provisions are met. 3.09.06B. 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. ---PAGE BREAK--- Final Order Exhibit A Page 22 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 22 of 72 3. Improved common areas are subject to the performance guarantee provisions of Section 4.02.08. 1.02 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. The overall site plan (Exhibit Y-1) and detailed site plans (Exhibit C-8 series) illustrate common area, most of which is open space. A small fraction would be private in the form of clubhouses – one within the planned unit development (PUD) and one beyond – and their grounds. The general plan shows the Mill Creek tributary as the open space main axis aligned generally east- west, with a major axis and five minor axes branching off generally to the north. This major north axis is at the east of the Smith Creek Development site area and leads towards Nellie Muir Elementary School. This amorphous area is to be tracted, that is, divided into parcels as “tracts” distinct from ordinary, marketable and developable “lots”. The applicant and the City, through the Assistant City Administrator in his role with parks and recreation, are yet to delineate the boundaries between tracts that would be private and those that would be granted to the City and so made public. The west tributary of Mill Creek, which the applicant terms “Smith Creek” and is about 2,850 feet (ft) long excluding its northwest spur, is part of the Mill Creek Trail planned for by the Mill Creek Greenway Master Plan (2007; Attachment 104E). ---PAGE BREAK--- Final Order Exhibit A Page 23 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 23 of 72 Mill Creek Greenway Master Plan (2007) West Tributary map 28) excerpt Generally, the plan calls for a paved trail along Mill Creek and its major tributaries and some amenities associated with trails. A chief interest for parks and recreation is that the developer grant improved common area instead of raw land. This includes ballfields, game courts, playgrounds. The plan illustrates conceptual sites of a few ballfields, game courts, and playgrounds, specifically two soccer fields and a basketball court. Within the greenway – to be public – amenities and trail support facilities include the trail itself, paths, footbridges, and a basketball court and in other common areas – most of which are likely to be private – a clubhouse, the three playgrounds, and the two soccer fields. Staff persuaded the developer to provide additional improved common area above and beyond the trail pavement itself in service of the purpose of PUD providing “enhanced public amenities”. Staff applies conditions to specify and mold improved common area for several reasons: 1. The City can condition approval of a planned unit development (PUD); 2. PUD is a tool expressly for customization by the City and a developer about private and public benefits of how to develop land; and ---PAGE BREAK--- Final Order Exhibit A Page 24 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 24 of 72 3. WDO 3.09 necessitates that there be an exchange between modifications to development standards and both unimproved and improved common area. Planning staff is interested in the PUD providing outdoor public gathering places, such as at least one plaza, that Woodburn has yet to enjoy in its outer ring and besides the Woodburn Downtown Plaza. Most Woodburn residents live outside downtown, and future residents of the Smith Creek Development would greatly appreciate a local gathering spot. Per 1.02 Definitions, “terms not defined in this Section have the meaning set forth in the New Oxford American Dictionary, 2010 edition (see Section 4.02.06.B.6.)”, which reiterates that “terms not defined in Section 1.02 (Definitions) shall have the meaning set forth in the New Oxford American Dictionary, 2010 edition.” Definitions are: “Enhance”: “intensify, increase, or further improve the quality, value, or extent of”. “Public”:  “of or concerning the people as a whole”;  “open to or shared by all the people of an area or country”;  “of or provided by the government rather than an independent, commercial company”. “Amenity”: “a desirable or useful feature or facility of a building or place”. The Mill Creek Greenway within the site development area lies entirely within the PUD boundary. Staff applies PUD conditions for the following amenities and support facilities, most or all of which would fall within the greenway:  Benches  Bicycle parking  Dog waste stations  Drinking fountains  Plaza with a podium stage and a shelter  Restrooms  Recycling and trash receptacles  Trees  Greenway identification and wayfinding signage. The applicant and staff proceed on the reasonable assumption that the developer will offer – and the Council will accept – the greenway as public parkland. The greenway goes a long way towards meeting the PUD 30% common area requirement analyzed earlier above. The area and its improvements will be public. The above items are indeed desirable and useful features and facilities that the public makes use of in parks. ---PAGE BREAK--- Final Order Exhibit A Page 25 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 25 of 72 The applicant and staff agree the trail and path network is the prime improvement of the greenway and most common areas within the PUD. The above amenities and support facilities improve the quality of recreation along the trail and paths and widen the perception of trail corridor as a place to linger and recreate instead of passing through relatively barren area as quickly as possible. They enhance the public realm. So that the developer and staff can determine design details following Council approval with conditions, staff applies conditions requiring Final Plans (FPs) of the developer prior to platting to address topics including landscaping. A PUD condition addresses dwelling architecture, mostly that which is public-facing, as an enhanced public amenity, namely aesthetics, and to encourage front patios and porches that transition between private and public spaces and provide sociable gathering places. Another condition requires trees in large-enough sun-facing front yards to reduce the urban heat island effect and help residents to endure temperatures above 90 degrees. The provisions are met with the general and PUD conditions. 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. Exhibits B 73), C-8, and C-11 show the provisions are met. The applicant also submitted a corollary Street Exception application that staff analyzes further below under 5.03.03. The provisions are met. 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. ---PAGE BREAK--- Final Order Exhibit A Page 26 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 26 of 72 The narrative (Exhibit B, p. 73) indicates the developer desires to set back garages from front and rear property lines at least 20 ft. A PUD condition allows the developer to set back at a lesser minimum of 18 ft. This slight reduction in setback will still provide off-street parking of sufficient depth because the developer is providing the required two spaces per dwelling within a garage for each dwelling. The length of 18 ft is sufficient for an additional vehicle to park on a lot in tandem with the adjoining space within a garage. General condition G9 seeks to preserve more on-street parking through strategic location of fire hydrants. Two PUD Conditions allow house and row house off-street parking spaces to be a minimum of 9 by 18 feet instead of 10 by 19 and 10 by 20 feet to accommodate typical size vehicles while also: a. Allowing for lawns to be larger; and b. Shrinking driveway aprons / curb cuts to: 1. increase where on-street parking can fit and 2. fit more planter strip area with street trees. The provisions are met with the general and PUD conditions. 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. For private signage, the applicant opts not to make use of sign plan. The provisions are met. 3.09.07 Modifications to an Approved Detailed Development Plan A. The Director may administratively approve minor modifications to an approved Detailed Development Plan. B. Major modifications are those that propose to change the proposed uses, increase density, relocate buildings, parking, or access points, reduce common area or the amenities provided in improved common area, or, in the opinion of the Director, are more than minor modifications. Major modifications to an Approved Detailed Development Plan shall be reviewed as a Modification of Conditions pursuant to Section 4.02.07. ---PAGE BREAK--- Final Order Exhibit A Page 27 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 27 of 72 The applicant and staff acknowledge this. The provisions are met. 3.09.08 Nullification … Nullification of the PUD is not relevant at this time and the applicant or a successor is not seeking it. The provisions are not applicable. 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. The applicant’s narrative (Exhibit B) does not confirm that the proposal would meet the provision, and staff applies a condition. The provision is met with a SUB condition. 3.09.10 Phasing A. A PUD may be developed in phases, pursuant to Section 5.03.05. 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. Regarding the proposal is phased and the applicant submitted a corollary Phasing Plan application that staff analyzes further below under 5.03.05. Regarding B-D., these PUD criteria are worded differently than the general phasing criteria in 5.03.05. Regarding the exhibits and narrative (pp. 75-78) show this provision is met. Regarding the exhibits and narrative 79) show this provision is met. Regarding D, Phase 1A has multiple common areas that meet the provision. ---PAGE BREAK--- Final Order Exhibit A Page 28 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 28 of 72 The provisions are met with a PP condition. 5.03.06 Planned Unit Development (PUD), Conceptual Development Plan Approval A. Purpose: The purpose of a Type III PUD Conceptual Development Plan Approval is to ensure that the proposed development complies with all provisions of this ordinance. The PUD process is intended to provide incentives for greater creativity and adaptability in development design, through a process that allows flexibility in the application of standards, while at the same time meeting the overall intent of this Ordinance (Sections 2 and PUDs are governed by Section 3.109. B. Criteria: Approval of a Conceptual Development Plan shall require compliance with the following: 1. That approval does not impede the future best use of the remainder of the property, or adversely affect the efficient development of any adjoining land or access thereto. 2. That the proposed development is 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, these measures shall be documentation as approved by the Public Works Department, ensuring that streets and building sites are on geologically stable soil, considering stress and loads. 5. If phased, that the development of the subdivision is balanced with the need for urbanization within the Woodburn Urban Growth Boundary. 6. That the requested flexibility in development standards is justified by commensurate public benefits. 7. That the proposed PUD is compatible with surrounding developments and neighborhoods. 8. That the tentative plan complies with all applicable provisions of this ordinance. This section is much the same in intent and purpose as 3.09.04 [PUD] Conceptual Development Plan analyzed earlier above and is virtually the same criteria wording as 5.03.10 Subdivision Preliminary Approval analyzed later below. The provisions are met with PUD and subdivision (SUB) conditions. 5.03.07 Planned Unit Development (PUD), Detailed Development Plan Approval A. Purpose: The purpose of this Type III review is to ensure that the Detailed Development Plan provides sufficient detail to ensure compliance with the standards of this ordinance (Sections 2 and 3) and that the design elements of development are consistent with the preliminary approval of the Conceptual Development Plan. Criteria: ---PAGE BREAK--- Final Order Exhibit A Page 29 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 29 of 72 1. The Detailed Development Plan shall substantially conform to the approved Conceptual Development Plan, including conditions of approval. 2. The Detailed Development Plan shall refine and make specific the Conceptual Development Plan. 3. The Detailed Development Plan shall demonstrate that the requested flexibility in development standards is justified by commensurate public benefits. 4. The Detailed Development Plan shall demonstrate that the proposed PUD is compatible with surrounding developments and neighborhoods. This section is much the same in intent, purpose, and criteria wording as 3.09.05 [PUD] Detailed Development Plan analyzed earlier above. The provisions are met with PUD conditions, particularly Condition G5 (PUD Final Plans). VIII. Preliminary Subdivision 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. Fire Apparatus Turn-arounds ---PAGE BREAK--- Final Order Exhibit A Page 30 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 30 of 72 Regarding B.4., and based on staff experience with the past subdivision Links at Tukwila Phase IV at north central city limits along N. Boones Ferry Road, to alleviate the hazard of inadequate access for firefighting and medical emergencies, staff applies subdivision Condition SUB-FD that as the project builds out the developer will lay temporary fire turn-arounds at each stub street within a completed phase. Stamped Crosswalks Regarding hazards to pedestrian safety upon development, the proposal treats through stamped concrete at least 32 bicycle and pedestrian crosswalks at both intersections and mid- block – treatments that increase safety to crossing cyclists and pedestrians both for residents and the public traveling through the development including to and from the three public schools, Centennial Park, and the greenway. The Exhibit C-8 series illustrates them. A general and a PUD condition ensure their construction. Speed Tables Because both Ben Brown Ln and Killian Spring Pkwy are the two through streets and major thoroughfares through the SDA, the trail mainline and north segments cross them at two points, and the trail will attract many users including children, it is necessary to reduce speeding by drivers and enhance visibility to drivers of cyclists and pedestrians. For these reasons, staff applies PUD conditions including Condition PUD-10 requiring that two of the proposed treated crosswalks be raised crosswalks / speed tables. This meets comp plan Goal H- 6.5. The images below are not any specific design that the applicant or staff proposes; they are illustrations of examples: a mid-block speed table on the left and an intersection speed table on the right: Mid-block example Intersection example (Courtesy National Assoc. of City Transportation Officials [NACTO]) Off-site Sidewalk Gaps ---PAGE BREAK--- Final Order Exhibit A Page 31 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 31 of 72 Because the proposal would leave Ben Brown Ln sidewalks with gaps such that beyond the SDA east boundary pedestrians on the south side could not reach Elana Way and north side pedestrians could not reach existing sidewalk along existing Ben Brown Lane, transportation condition T-BP1 requires the developer to fill the off-site sidewalk gaps, each fewer than 100 ft. This would preclude the hazard of frustrated pedestrians jaywalking or walking in the street upon discovering that a sidewalk dead-ends. Wetlands / DSL Regarding B.4.a. wetlands, although a creek spans the site, past farming had so altered the creek corridor that little of inventoried insignificant wetlands (per City GIS) appear to remain. (Just off-site to the east on the City stormwater tract, small inventoried wetlands do exist.) Beyond the creek, two small wetlands do exist in the north end of the SDA, and the overall site plan indicates Phase 3B and 4B common areas including these wetlands (3B: northwest of Killian Spring Parkway; 4B: west of Yvonne Street and south of the clubhouse). The applicant indicated verbally on September 18, 2018 that he is aware that any fill of any of the wetlands would require review and approval by the Oregon Department of State Lands (DSL). Regarding B.4.b., the narrative (Exhibit B p. 103) indicates that site has no unstable areas. Flooding Regarding B.4. and flooding specifically, as hazard reduction SUB conditions, particularly Condition SUB-5, ensures upstream water during the 100-year flood would not inundate the development or inundate existing off-site development in the vicinity of S. Settlemier Avenue. Public Works staff notes that the property is still in Marion County jurisdiction until the annexation process is completed. Once the property is annexed into the City, Public Works staff will work with the developer to do a final review of the storm flood study and storm detention analyses and requirements. Marion County will need to be involved and concur with the proposed floodway study that may affect their jurisdiction upstream from the proposed. For these reasons, staff applies Condition SUB-PW1. Traffic Mitigation Attachment 105 is a one page staff summary of traffic. Regarding criterion and in turn 3.04.05, as an off-site mitigation of the proposal worsening traffic per the applicant’s traffic study (Exhibit I, pp. 11 [Table 2] and 23 [Table at the intersection of N. Settlemier Avenue and W. Hayes Street, staff applies transportation Condition T-A2 for feasibility study funds. The objective is to fund City study of the best kind of capital improvement of the intersection and drafting drawings of the improvement. It meets comp plan Goal H-3. The condition is based upon the expert opinion of a transportation ---PAGE BREAK--- Final Order Exhibit A Page 32 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 32 of 72 engineer retained by the City to evaluate the applicant’s traffic study (Exhibit Lancaster Engineering concluded in the Smith Creek Development Transportation Study Review and Analysis of Impacts (April 5, 2018; Attachment 105B, p. 12) as follows: “The intersections of Settlemier Avenue / Highway 214 and Settlemier Avenue / Hayes Street do not meet applicable performance standards and mitigation is recommended. The TIS indicates that it is Woodburn’s responsibility to mitigate Settlemier / Hayes; t is unclear why the applicant could not be required to do so as a condition of approval, as the ‘[rational] nexus’ and ‘[rough] proportionality’ tests appear to be met.” Additionally, to mitigate traffic and induce more cycling and walking instead of driving, staff applies two transportation bicycle/pedestrian (BP) conditions, T-BP3 and T-BP4, for mid- block crossings to connect the trail across S. Settlemier Avenue with Settlemier Park with the trail and connect the south end of the development across Parr Road with Heritage Elementary and Valor Middle Schools. These improvements also reduce hazards to cyclists and pedestrians crossing major thoroughfares, and the Parr Road crossing serves as a “Safe Route to School”. The safer the crossings are and feel to parents and children – and the elderly as well – the more likely they are to use them to get to and from schools and parkland. The Transportation System Plan (TSP) states on p. 5-11 that, “techniques for improving pedestrian crossing safety, such as curb extensions and pedestrian refuges, should be implemented where feasible.” The conditions are in keeping with comp plan Goals H-1.4, H-3, H-3.2, H-5.1, H-6.5, and H-6.7. Transportation Condition T-A3 (Killian Spring connection to W. Hayes) ensures conformance with the traffic study (Exhibit I) that the City’s transportation consultant confirms assumes connection of the two streets though most of the exhibits do no show it because it would like outside the SDA. Exhibit P does provide an illustration of this connection and easement documents facilitating street construction, further cementing that this connection will be built and preclude much out-of-direction driving by the residents and public between both Phases 3B and 4B and points beyond. The connection would also allow astute drivers wishing to go eastbound on Oregon Highway 214 to avoid both intersections of N. Settlemier Avenue and the highway and N. Settlemier Avenue and W. Hayes entirely by taking the route of Killian Spring  W. Hayes  either Cozy Way and then W. Lincoln Street to Leasure Street or directly to Leasure Street  Highway 214 per the illustration below: ---PAGE BREAK--- Final Order Exhibit A Page 33 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 33 of 72 Killian Spring Parkway Phase 3B extension to W. Hayes Street: Bypass of N. Settlemier Avenue The developer is extending two major thoroughfares per Transportation System Plan (TSP) Figure 7-1 Functional Classification Designations planned since TSP adoption in 2005: Marked TSP Fig. 7-1; pink outline indicates Ben Brown west extension and north-south connection of Harvard Drive with Stubb Road ---PAGE BREAK--- Final Order Exhibit A Page 34 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 34 of 72 The Transportation System Plan states on p. 7-7 that a grid system of streets in the southwestern area of the UGB, which includes the SDA, “should be constructed” and “provide connectivity options for pedestrians, cyclists, and motorists and also help reduce reliance on the historic Settlemier corridor.” The connection would meet comp plan Goals G-1.3; G-2.3(b); H-1.4; H-2; H-3.2; and H-6.2. The Ben Brown extension, connection of Harvard and Stubb, and Killian Spring extension will provide routes alternate to N. Settlemier Avenue. The general condition G1 (substantial conformance) covers the off-street paths and induce cycling and walking over driving and most of which provide convenient shortcuts across blocks. Expiration The expiration date for the preliminary subdivision is per WDO 4.02.04B. Staff interprets subsection 2. that refers to "the activity approved in the decision has commenced" to mean application to the City for Subdivision Final Plat Approval through WDO 5.01.06. Staff seeks to prevent plats that the City approved but a developer has not recorded with the County from lingering and to prevent also from lingering indefinitely undeveloped phases within the SDA. A goal is to preclude years from now argument with the developer or successors about whether and how much of the approval for the SDA remains valid. Staff applies a SUB Condition, a platting schedule table, based on the narrative (Exhibit B, p. 59) estimate of build-out up to eight years. Note: Oregon Revised Statutes [ORS] 92.040 states that, “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.” The provisions are met with conditions. ---PAGE BREAK--- Final Order Exhibit A Page 35 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 35 of 72 IX. Exception to Street Right of Way and Improvement Requirements (“Street Exception”) Provisions Because the proposal is includes a Street Exception, per 4.01.07 and 5.03.03 it requires a Type IV review with City Council decision. 5.03.03 Exception to Street Right of Way and Improvement Requirements A. Purpose: The purpose of a Type III Exception is to allow a deviation from the development standard required for the functional classification of the street identified in the Transportation System Plan. Street exceptions are processed in conjunction with a development proposal that is a Type III application. B. Criteria: 1. The estimated extent, on a quantitative basis, to which the rights of way and improvements will be used by persons served by the building or development, whether the use is for safety or convenience; 2. The estimated level, on a quantitative basis, of rights of way and improvements needed to meet the estimated extent of use by persons served by the building or development; 3. The estimated impact, on a quantitative basis, of the building or development on the public infrastructure system of which the rights of way and improvements will be a part; and 4. The estimated level, on a quantitative basis, of rights of way and improvements needed to mitigate the estimated impact on the public infrastructure system. C. Proportionate Reduction in Standards: An exception to reduce a street right of way or cross section requirement below the functional classification standard may be approved when a lesser standard is justified based on the nature and extent of the impacts of the proposed development. No exception may be granted from applicable construction specifications. D. Minimum Standards: To ensure a safe and functional street with capacity to meet current demands and to ensure safety for vehicles, bicyclists and pedestrians, as well as other forms of non-vehicular traffic, there are minimum standards for right of way and improvement that must be provided to meet the standards of this Ordinance (Section 3.01). Deviation from these minimum standards may only be considered by a variance procedure. The applicant’s two requested Street Exceptions (EXCPs) are limited to the creek crossings of Ben Brown Lane and Stubb Road and are apart from PUD modifications to alleys and cross sections of other streets. The applicant is proposing that some alleys be at the 20-ft minimum in the form of 19 ft of asphalt plus 1 ft of mountable curb – capable of mounting by a fire apparatus. Because there is no WDO 3.01.04 model cross section for an alley and the alleys are to be paved at 20 ft per 2.05.04B.2., staff doesn’t consider these alleys either in need of or as a Street Exception. ---PAGE BREAK--- Final Order Exhibit A Page 36 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 36 of 72 The applicant’s narrative addresses the criteria in Exhibit B, pp. 86-87 and 90-92. Exhibit C-11b illustrates the two crossings in particular. First, staff notes that one of the applicant’s main points about the narrowed crossings is that they preserve natural area. The City geographic information system (GIS) indicates a narrow band of “other” (i.e. insignificant) wetland 40 ft at greatest width and along about 1,700 ft of about 2,850 total ft of creek centerline between the west end of the SDA and the east end of the SDA at the City stormwater tract. Current context shows less than what the word “wetlands” would suggest as the photo below illustrates: West tributary of Mill Creek, looking east/northeast from the vicinity of where Ben Brown Ln would be (staff photo from site visit March 20, 2018) The west tributary of Mill Creek is in fact more accurately described as a narrow dredged drainageway. It is devoid of trees and shrubbery. The only visible standing water is the creek itself, which was shallow even in March 2018 and is not fish-bearing. The property until recently was a working farm, meaning the land has long been disturbed, shaped, and plowed over time from whatever natural state it was in. In short, there is no natural area as ---PAGE BREAK--- Final Order Exhibit A Page 37 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 37 of 72 conventional understood. Because none exists, there is no compelling need to narrow the crossings. The culvert under each of the Ben Brown Lane and Stubb Road crossing will convey the water it needs to convey, whatever the width of a crossing. The crossings are not bridges so much as simply streets with culverts under them and depressions on either side. Second, staff notes that for past EXCP requests for other projects, staff exercises discretion in interpreting the criteria and has been more lenient with small, infill projects that front existing streets narrower than the planned cross sections. The proposal is for entirely new development where no development exists. Third, staff applies great discretion to EXCP requests, which are discretionary reviews, and seeks to protect the safety and comfort of cyclists and pedestrians. Both Ben Brown Lane and Stubb Road are to be Access Street class, which does not include bicycle lanes. Where there are no bicycle lanes, most cyclists are fearful enough that they ride on sidewalks rather than in the street. Also, the crossings will pass over the center line of and provide the most visibility to the greenway. Those who do drive from farther away and park to visit the greenway as a regional attraction will be attracted to this obvious landing spot to park – or close to it. Because neither the applicant nor the City is proposing off-street parking set aside for the greenway, visitors will be parking on-street. All of the lots along Ben Brown east of Killian Spring Parkway lack alley access and so eliminate most on-street parking on Ben Brown, including at the applicant’s proposed crossing. Along Stubb Road, there are a few alley-loaded lots within about 300 feet to the north and a 200-ft or so stretch of uninterrupted on-street parking on Sawtelle Drive east of Stubb Road. There will be comparatively more on-street parking, but not much given this will be the western terminus of the improved greenway and the park within closest reach of the developed residential lands west of Harvard Drive and Evergreen Road, closer than Centennial Park. Eventual development of UGB land further west and south would only induce more demand for easy, public on-street parking at or near the greenway. For both crossings, on-street parking also compensates for the lack of planter strips with trees to calm and slow traffic. Lastly, for safety and perception of safety and comfort, cyclists and pedestrians need some “shy zone” distance from both the crossing outer edge wall and railings and from door swings of parked vehicles. In short, to provide ample on-street parking and provide for the safety and sense of safety and comfort of cyclists and pedestrians, staff revises the applicant’s proposed narrowed crossings such that they shall conform to Figure 3.01E, which Attachment 104D illustrates, except that: ---PAGE BREAK--- Final Order Exhibit A Page 38 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 38 of 72  each travel lane will be 11 ft instead of 12 ft, which remains plenty of width even for busses and trucks;  the crossings will have no planter strips with trees;  each sidewalk, which the applicant desires to be curb-tight, will be 8 ft instead of 6 ft; and  the remaining unimproved width within the 66 total ft of planned ROW will be remain ROW dedicated to the City and with public utility easements (PUEs) alongside. Conditions EXCP-1 and EXCP-2 detail such. The provisions are met with EXCP conditions. X. Variance Provisions Because the proposal is includes variance requests, per 4.01.07 and 5.03.12 it requires a Type IV review with City Council decision. All the requests apply outside the PUD boundary. 5.03.12 Variance 5.03.12 Variance A. Purpose: The purpose of this Type III Variance is to allow use of a property in a way that would otherwise be prohibited by this Ordinance. Uses not allowed in a particular zone are not subject to the variance process. Standards set by statute relating to siting of manufactured homes on individual lots; siding and roof of manufactured homes; and manufactured home and dwelling park improvements are non-variable. B. Criteria: A variance may be granted to allow a deviation from development standard of this ordinance where the following criteria are met: 1. Strict adherence to the standards of this ordinance is not possible or imposes an excessive burden on the property owner, and 2. Variance to the standards will not unreasonably impact existing or potential uses or development on the subject property or adjacent properties. C. Factors to Consider: A determination of whether the criteria are satisfied involves balancing competing and conflicting interests. The factors that are listed below are not criteria and are not intended to be an exclusive list and are used as a guide in determining whether the criteria are met. ---PAGE BREAK--- Final Order Exhibit A Page 39 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 39 of 72 1. The variance is necessary to prevent unnecessary hardship relating to the land or structure, which would cause the property to be unbuildable by application of this Ordinance. Factors to consider in determining whether hardship exists, include: a. Physical circumstances over which the applicant has no control related to the piece of property involved that distinguish it from other land in the zone, including but not limited to, lot size, shape, and topography. b. Whether reasonable use similar to other properties can be made of the property without the variance. c. Whether the hardship was created by the person requesting the variance. 2. Development consistent with the request will not be materially injurious to adjacent properties. Factors to be considered in determining whether development consistent with the variance [is] materially injurious include, but are not limited to: a. Physical impacts such development will have because of the variance, such as visual, noise, traffic and drainage, erosion and landslide hazards. b. Incremental impacts occurring as a result of the proposed variance. 3. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms or parks will not be adversely affected because of the variance. 4. Whether the variance is the minimum deviation necessary to make reasonable economic use of the property; 5. Whether the variance conflicts with the Woodburn Comprehensive Plan. ---PAGE BREAK--- Final Order Exhibit A Page 40 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 40 of 72 Variance Request 1: Minimum Street Frontage for Small and Row House Lots (Table 2.02C [RSN]) Nodal Residential Single-Family (RSN) - Site Development Standards Table 2.02C 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 Small lot and row house Interior lot 40 Corner lot 50 Cul-de-sac lot 30 Front Setback and Setback Abutting a Street, Minimum (feet) 20 3, 4 Lot Coverage, Maximum (percent) Primary building height 16 feet or less 40 9 Primary building height more than 16 feet 35 9 Accessory structure 25 of rear yard 6, 9 2. Child care facility for 12 or fewer children, group home for five or fewer persons 3. Measured from the Special Setback (Section 3.03.02), if any 4. Infill lots between developed lots: average of abutting residential buildings, plus or minus 5 feet, but not less than 10 feet 6. Accessory structures are included in the total lot coverage. Accessory structures are also limited to 25% coverage of the rear yard. 9. Lot coverage limitations determined by setbacks for small lot and row house development 1.02 Frontage: That portion of a lot which abuts a public street. The subject area for the variance request 1 are the purple lots (Single-Family 40-foot wide lots or “SFDA-40” lots) on the color lot type map (Exhibit C-4), which are in Phases 2A, 2B and 3A. These would be RSN-zoned lots. The request is that minimum street frontage for interior lots – lots within a block and not at street corners – be 30 ft instead of 40 ft. The applicant’s narrative (Exhibit B, pp. 104-110) addresses the criteria once for all four variance requests. A chief point of the applicant’s argument is that the criteria are worded such that an applicant and the City are not held strictly to the conventional concept of a “hardship” ---PAGE BREAK--- Final Order Exhibit A Page 41 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 41 of 72 necessary to a variance, meaning that the code supplements the criteria with factors that can be balanced and allows for introduction of a factor or factors that the code does not list (pp. 106-107). Staff concurs and has applied this understanding to past variances for other projects. Factor C.4. is directly relevant: The applicant on pp. 104-105 explains that, “The minimum lot width for an interior Small lot and Row house lot is 30 feet, yet the minimum street frontage is 40 feet in the table. This would effectively require all small lots to be 40 feet wide, 10 feet more than the minimum width.” This code conflict does exist, and staff concurs with the applicant’s conclusion. This means the variance is very much a workaround of a conflict that Table 2.02C itself creates and is the minimum deviation necessary. Staff determines that the criteria are met: Strict adherence to the standards of this ordinance is imposes an excessive burden on the property owner and the variance that clarifies a Table 2.02C conflict will not unreasonably impact existing or potential uses or development on the subject property or adjacent properties. The provisions are met. Variance Request 2: Minimum Front and Street Setbacks See under Request 1 for excerpted Table 2.02C above for applicable code. The subject area for the variance request 2 is composed of the yellow (Single-Family 60-foot wide lots or “SFD-60” lots) and purple lots on the color lot type map (Exhibit C-4), which are in Phases 1A, 2A, 2B and 3A, 3B, and 4B. These would be RSN-zoned lots. This means the front and street minimum setback standard per Table 2.02C above is 20 ft because neither the Special Setback (i.e. street widening setback) or infill footnote applies. The request is that front and street minimum setbacks for a dwelling be 15 ft instead of 20 ft. (This is similar to what the applicant proposes for dwellings in the PUD through PUD modification.) P. 105, item 2, clarifies that the applicant wants to avoid a monolithic wall plane resulting from a house front or side being flush with a garage front. The applicant’s narrative (Exhibit B, pp. 104-110) addresses the criteria once for all four variance requests. A chief point of the applicant’s argument is that the criteria are worded such that an applicant and the City are not held strictly to the conventional concept of a “hardship” necessary to a variance, meaning that the code supplements the criteria with factors that can be balanced and allows for introduction of a factor or factors that the code does not list (pp. 106-107). Staff concurs and has applied this understanding to past variances for other projects. ---PAGE BREAK--- Final Order Exhibit A Page 42 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 42 of 72 An unlisted factor is directly relevant: context, as explained in the following points: a. The applicant is proposed an integrated, holistic development that is the first development putting to the test the relatively new Nodal Overlay development provisions of the WDO. The intent per 2.05.04A. is to “provide community identity to higher density residential developments within walking distance (generally one-half mile or less) of the neighborhood commercial center. Nodal development will be designed with a pedestrian focus, with interconnected streets and pedestrian walkways Staff observes that to meet the intent of the Nodal overlay, dwellings need to be closer to each other than in conventional suburban development, and that the closer the front of a house is to the street relative to a garage front, the stronger the signal that a neighborhood is meant for sociable interaction that comes with moving about on foot or by bicycle. b. The developer has verbally indicated to staff that anticipated market demand will be for houses that are both large and one-story. Market demand might be an unpersuasive reason for some readers. Staff notes that Woodburn has a lot of retired elderly residents and continues to attract new such residents. The homes subject to this variance request would border or be close to Woodburn Golf & Estates, a.ka. Senior Estates. Many elderly persons seek a one-story home for the sheer practical considerations of senescence – in particular pain climbing or inability to climb stairs. c. Additionally, aside from the enduring American love of front lawns and perception of it as a nearly mandatory tradition, there’s no practical reason for a 20 ft setback. i. First, WDO Table 3.05 already requires at least two parking spaces per dwelling, and the developer wishes to allow garages to remain subject to a setback greater than 15 ft such that third and fourth vehicles could park on a lot. ii. Second, a 20-ft deep front yard is also too shallow to be comfortably used as a sports field, and an ornamental lawn can be ornamented with shrubs, flowers, trees, and garden ornaments just as well at 15 ft as 20 ft. iii. Third, few passers-by would even notice traveling from one street to another the difference between a street of house front yards at 15 ft and a street of houses at 20 ft. iv. Lastly, an urban design rule of thumb is for privacy in one’s home with rooms fronting a street and with flooring at the same elevation as the sidewalk, a minimum setback of 10 ft (absent screening or a transition such as a roofed front patio) is enough to provide reasonable privacy. 15 ft remains more than 10 ft. The request allows future homeowners larger one-story houses with no injury to the aesthetics or function of streets and no injury to residents or the traveling public. Staff determines that the criteria are met: Strict adherence to the standards of this ordinance is imposes an excessive burden on the property owner by precluding an integrated, holistic ---PAGE BREAK--- Final Order Exhibit A Page 43 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 43 of 72 development across the PUD and non-PUD areas for no particularly good and clear reason, and the variance that lessens dwelling front and street minimum setbacks (excluding garages) will not unreasonably impact existing or potential uses or development on the subject property or adjacent properties. The variance criteria are met with Condition VAR-FS1 solely to codify with variance approval what the setback must be and facilitate administration. Variance Request 3: Maximum Lot Coverage See under Request 1 for excerpted Table 2.02C above for applicable code. 1.02 Lot Coverage: The percentage, or portion, of total lot area covered by primary and/or accessory buildings, including roofed but unenclosed structures, but excluding covered structures less than five feet in height and having less than 20 square feet of gross floor area (such as pet shelters and play houses). The subject area for the variance request 3 is composed of the yellow lots on the color lot type map (Exhibit C-4), which are in Phases 1A, 2B, 3B, and 4B. These would be RSN-zoned lots. The applicant requests that, “the Standard lot coverage maximum (excluding accessory structures) simply be 50% for all RSN Standard lots in the subdivision for all lots with building heights of less than 35 feet” (Exhibit B, p. 105). The applicant’s narrative (Exhibit B, pp. 104-110) addresses the criteria once for all four variance requests. A chief point of the applicant’s argument is that the criteria are worded such that an applicant and the City are not held strictly to the conventional concept of a “hardship” necessary to a variance, meaning that the code supplements the criteria with factors that can be balanced and allows for introduction of a factor or factors that the code does not list (pp. 106-107). Staff concurs and has applied this understanding to past variances for other projects. Precedent: Links at Tukwila Subdivision A recent precedent for increased lot coverage is the Links at Tukwila Subdivision east of N. Boones Ferry Road and along the Oregon Golf Association (OGA) course. The Planning Commission approved Variances 2003-36 for Phase III and 2004-12 for Phases IV & V that raised maximum lot coverage for all lots from 35% to 50%. The Commission also allowed larger buildable envelopes on lots by approving Variances 2004-31 & 32 lowering the minimum rear setback from 20 to 15 feet for Phases III (9 lots), IV, & V (10 lots across both). Staff perceives that Woodburn residents regard the Links at Tukwila as a model development for houses. Because of precedent and this regard among other reasons, the applicant’s proposal is sensible. ---PAGE BREAK--- Final Order Exhibit A Page 44 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 44 of 72 Context: Woodburn Senior Estates No. 7 Subdivision The City maintains a geographic information system (GIS) with rough estimates of existing lot coverages. The area of the Estates south of W. Hayes Street has 254 house lots. Regarding existing lot coverage, the smallest instance is 25.0%, the average is 46.3%, and the largest instance is 62.0%. Part of the reason is that the Estates pre-dates contemporary lot coverage maximums. Staff examined the statistics for the 30 house lots along Santiam Drive and a segment of S. Cascade Drive. Staff focused on these lots because the proposed Smith Creek Development lots would abut these Estates lots. Looking at the existing lot coverages for these 30 Estates lots, the smallest instance is 25.0%, the average is 45.4%, and the largest instance is 53.0%. The conclusion is that the proposal is not a marked departure from existing neighboring development. Generally The request allows future homeowners larger one-story houses with no injury to the aesthetics or function of streets and no injury to residents or the traveling public. However, because increased lot coverage will shrink total yard area below the norm and to the extent per Table VAR-LC below, as compensation residents need a little common open space, especially something field-like for sports and recreation. Table VAR-LC1 Lot Context Number Table 2.02C Min. Lot Size (Sq Ft) 10% Coverage Increase (Sq Ft) Interior 165 6,000 (6,000 x 0.10) = 600, x 165 = 99,000 Corner _26 8,000 (8,000 x 0.10) = 800, x 26 = 20,800 All - - (99,000 + 20,800) = 119,800, / 43,560 sq ft in an acre = 2.75 acres For this reason, staff applies a condition confirming and requiring the developer’s proposal within Phase 1A to dedicate at least five common area / open space tracts: ---PAGE BREAK--- Final Order Exhibit A Page 45 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 45 of 72 Table VAR-LC2 Phase Tract Preliminary Designation Exhibit C-8 Sheet Location Acreage Intended Ownership 1A 1: “Area Ben Brown Ln north side 0.07 (3,049 sq ft) City/public 1A 2: “Area Smith Dr north side 0.07 City/public 2B 7 Smith Dr north side 0.26 (11,325 sq ft) City/public 4B 13 Between Lana & Rita Drives and at Yvonne Street 0.26 HOA/private 4B 13 Rita Dr south side Unlisted HOA/private All - - - 0.66+ acres - These tracts will mitigate lost area of yards and, in keeping with a purpose of maximum lot coverage, to provide a sense of openness and to do so through communal means as private and public parks. As fringe benefits, they will preserve the two Significant Trees (Tract and allow a direct route between Yvonne Street and Smith Drive. The variance request also furthers the objective of the Nodal Overlay. Staff determines that the criteria are met: Strict adherence to the standards of this ordinance is imposes an excessive burden on the property owner and variance to maximum lot coverage by 10% from 40% (for lots with one-story houses as the developer intends) to 50% will not unreasonably impact existing or potential uses or development on the subject property or adjacent properties. The variance criteria are met with Conditions VAR-LC1 and VAR-LC2, the former solely to codify with variance approval what the lot coverage must be and facilitate administration and the latter to provide common area to mitigate lost private yard area. Variance Request 4: Alley-Loading of Small Lots in the Nodal Overlay (2.05.04B.) B. Nodal Single Family Residential (RSN) and Nodal Medium Density Residential (RMN) Districts 1. Vehicular access directly to a public street is prohibited and alley access to garages facing the alley is required for anything other than standard single family development. Off-street parking, maneuvering and storage is prohibited within a required front or side setback, or any yard abutting a street with attached single family and small-lot single family development. 2. Alleys shall be required for all small lot single-family residential subdivisions and attached single family (row houses) development. Alleys shall be dedicated and paved to a minimum width of 20 feet. No parking shall be allowed within an alley right-ofway. ---PAGE BREAK--- Final Order Exhibit A Page 46 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 46 of 72 The subject area for the variance request 4 is composed of the teal lots on the color lot type map (Exhibit C-4), which are in Phases 1A, 2A, 3A, and 4A. These would be RSN-zoned and – in Phase 4A and part of 3A – RMN-zoned lots. The applicant requests that, “SFD-33 PUD Small lots to have garages in the front and parking and maneuvering in the front with access from the lot to a public street as shown on the Site Plans Exhibit C-8 (see also Color Lot Type Map Exhibit (Exhibit B, p. 106). The applicant’s narrative (Exhibit B, pp. 104-110) addresses the criteria once for all four variance requests. A chief point of the applicant’s argument is that the criteria are worded such that an applicant and the City are not held strictly to the conventional concept of a “hardship” necessary to a variance, meaning that the code supplements the criteria with factors that can be balanced and allows for introduction of a factor or factors that the code does not list (pp. 106-107). Staff concurs and has applied this understanding to past variances for other projects. The summary is this: 2.05.04B. constitute the only development standards for the Nodal overlay, and they require that small lots be alley-loaded. Over almost the past year, the applicant and staff negotiated this in a way that resulted in the current site plan. The proposed two mews in Phase 3A are a serendipitous result of the developer responding to the staff negotiating that most small lots be alley-loaded. Now: a. At least 55.9% of small lots – more than a simple majority – are alley loaded; b. To attempt more alley-loaded lots would interfere with the PUD requirement for 30% of the gross SDA to be open space; and c. Staff regards the revised overall site plan as a high-quality project, especially with the two mews. Staff determines that the criteria are met: Strict adherence to the standards of this ordinance imposes an excessive burden on the property owner and variance from all small lots being alley-loaded to 55.9% or more will not unreasonably impact existing or potential uses or development on the subject property or adjacent properties. The variance criteria are met with Condition VAR-A solely to codify the variance approval and facilitate administration. XI. Phasing Plan Provisions ---PAGE BREAK--- Final Order Exhibit A Page 47 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 47 of 72 5.03.05 Phasing Plan for a Subdivision, PUD, Manufactured Dwelling Park or any other Land Use Permit A. Purpose: The purpose of a Type III Phasing Permit is to allow phased construction of development while meeting the standards of this ordinance (Sections 2 and while providing fully functional phases that develop in compliance with the tentative approval for the development. B. Criteria: The proposed phasing of development shall: 1. Ensure that individual phases will be properly coordinated with each other and can be designed to meet City development standards; and 2. Ensure that the phases do not unreasonably impede future development of adjacent undeveloped properties; 3. Ensure that access, circulation, and public utilities are sized for future development of the remainder of the site and adjacent undeveloped sites. The executive summary (Exhibit A, p. 3) outlines the phasing order: “The proposed Smith Creek development will be achieved in nine phases, as shown on the attached proposed Phasing Plan, Exhibit C-6. These phases will occur after the completion of property line adjustments and a partition recorded through the County. The plan is to develop the site over the next five to eight years, as follows: • Phase 1A will develop first. • Phase 1B will develop thereafter. • Phase 2A may develop after Phase 1A. • Phase 2B may also develop following Phase 1A, and will have two remnant acreage lots on the plat for Phase 3B and Phase 4B. • Phase 2C may develop after Phase 1A (or could develop first, if parts of Phase 1A are included in Phase 2C). • Phase 3A will develop after Phase 2A. • Phase 3B may develop after development of Phase 2B. • Phase 4A will develop after Phase 3A. • Phase 4B will develop after Phase 3B.” Based on the overall site plan (Exhibit Y-1) and the detailed site plans (Exhibit C-8 series), the criteria are met. Staff agrees to the phasing order with a minor change. Condition PP-1 summarizes the order and changes Phase 2C, which includes the Smith family homestead itself, such that it may come later or last because the developer had verbally indicated that the heirs of Hazel Smith might choose to divide the grounds of their homestead last. ---PAGE BREAK--- Final Order Exhibit A Page 48 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 48 of 72 The provisions are met with same Phasing Plan (PP) condition mentioned earlier above for 3.09.10 (PUD phasing). XII. Applicant Identity Applicant Stafford Land Co., LLC Applicant’s Representative Morgan Will, Development Manager, Acquisitions & Development Landowner(s) Hazel M. Smith Properties LLC (primary Tax Lot 052W13 00100 and Lot 051W18BC 04000) Don Ivan Mametieff (052W13BD 00100) Anna Kamis (052W13BD 00200) ---PAGE BREAK--- Final Order Exhibit A Page 49 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 49 of 72 XIII. Conditions of Approval All or Multiple Phases G1. Substantial conformance: The applicant or successor 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. The applicant shall sign a City form indicating acceptance of the conditions. G2. Timing of improvements: By default, improvements are due by the phase in which they are located. Exceptions follow for phases: a. 1A: City stormwater tract: Stormwater management and trail improvements located on City property adjacent to the east boundary of the SDA are due by Phase 1A. b. 1A/1B/4A: The stormwater detention pond along Kirksey Street that spans these three phases is due by Phase 1B. c. 1A/2A: Improvement of the clubhouse grounds that spans these two phases is due by Phase 2A. d. 2A/4A: The trail north segment footbridge is due by Phase 4A. e. 3A/4A: The path footbridge is due by Phase 4A. G3. References: The descriptions below define certain words, phrases, and assumptions in the context of the conditions of approval:  “City stormwater tract” means the City-owned stormwater management tract of approximately 6.33 acres, (515 S. Settlemier Avenue; Tax Lot 051W18BC 04100) along the Mill Creek tributary and east of the site development area.  “Director” means the Community Development Director.  “greenway” is distinct from either “greenway trail” or “trail”. The greenway is the overall common area or open space around the Mill Creek tributary, while the trail is the paved trail of the Mill Creek Greenway Master Plan. The greenway centers on the tributary and extends around and past lots to street boundaries: Ostrom Drive, Ben Brown Lane at Kirksey Street, Kirksey Street, Sawtelle Drive, Stubb Road, Gunderson Avenue, Killian Spring Parkway, McCallum Lane, and Smith Drive. “East greenway” refers to the area of greenway east/northeast of the Ben Brown Lane bridge crossing of the creek, and “west greenway” refers to the area west/southwest.  Greenway trail “mainline”, “north”, and “south” segments as well as simply “trail” refer to segments per Mill Creek Greenway Master Plan (2006), West Tributary map 28) that illustrates a mainline corridor extending generally east-west, a north segment towards the ---PAGE BREAK--- Final Order Exhibit A Page 50 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 50 of 72 SDA north boundary, and a south segment to Parr Road. Additional off-street paths are “paths”.  “mews” indicates a street not open to motor vehicles because the area between sidewalks is landscaped instead of paved.  “MUTCD” refers to the Manual on Uniform Traffic Control Devices of the U.S. Department of Transportation (U.S. DOT) Federal Highway Administration (FHWA).  “ODOT” refers to the Oregon Department of Transportation.  “SDA” refers to the site development area that is the whole Smith Creek Development.  “street” or “streets” excludes alleys unless condition wording explicitly includes them. This condition shall not be construed to interfere with application or a Director’s interpretation of the meaning of “street” or “streets” where it appears in the WDO. G4. Boundary disputes: Akin to WDO 1.03.04 regarding zoning district boundaries, if a dispute arises between the developer and the City about uncertainty, contradiction or conflict concerning the intended location of phase or planned unit development (PUD) boundary lines, the Director has the authority to determine boundary locations. G5. PUD: Final Plans (FPAs) & Landscaping: To resolve outstanding phase design issues prior to platting, and based on WDO 5.01.07, following the final decision the developer for each phase shall apply to the Planning Division a Final Plan (FP) with a combination of narrative, site plans, and cut or specification (“spec”) sheets as needed to address the conditions of approval and (for the PUD) the criteria in WDO 3.09.05. The decision-maker shall be the Director. FPs shall focus on common area improvement types, specifications, quantities, and placements. The developer shall through each phase FP provide at least: a. A landscape plan illustrating landscaping to the level of detail of WDO Tables 3.06B & C: tree, shrub, and groundcover species; plant quantities and individual locations; lawn; size category of each tree; minimum tree size at planting; and irrigation notes. b. A greenway signage plan to the satisfaction of the Director. A conceptual plan for all phases is due by Phase 1A and a detailed plan for each phase is due by the given phase. G6. Landscaping: improved common areas: a. The quantity of landscaping is per WDO Table 3.06A, column “Common areas, except those approved as natural common areas in PUD”. b. Public common area: For all improved common areas that are to be public, the developer shall first apply and maximize the WDO Table 3.06B plant unit (PU) credits for row items 1. (mature trees), 2. (large trees), 3. (medium), 4. (small), 15. & 12. equally (fountain, water feature with stormwater detention), and for seating purpose 13. & 14 (bench, planter seat wall) equally, in the listed order of higher to lower priority, and with the proviso that for 14., the maximum size of planting bed wall as seating is 1½ ft whether high or wide. ---PAGE BREAK--- Final Order Exhibit A Page 51 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 51 of 72 c. Tree species: 1. Other than what WDO Table 3.06C prohibits; however, tree species noted as producing significant litter are allowed if they are not invasive and are centered at least 15 ft away from any sidewalk, trail, path, public ball field or sports court, paved parking area, or plaza. 2. Greenway species: No more than 50.0% of the minimum total number of trees within the entire greenway shall be of a single species, and there shall be at least eight species. At least one species must be a flowering one. At least 10.0% of the trees shall be coniferous or evergreen. (WDO Table 3.06B specifies minimum size at planting for deciduous trees, but not conifers. Any new coniferous or evergreen trees shall be at least 5-foot high at planting.) G7. Vesting: Following approval of annexation and the remainder of the consolidated land use applications and regarding Oregon Revised Statutes (ORS) 92.040(2), if the applicant elects, the City may apply amended or new planning and zoning regulations to construction within the SDA without being bound by the version of the WDO last amended via Ordinance No. 2562 on September 10, 2018. G8. Bond / bonding / performance guarantee: Maintenance: The developer for each phase shall provide a maintenance bond for all public improvements and off-street improvements in public tracts pursuant to WDO 4.02.08. G9. Fire hydrants: To preserve on-street parking while meeting 2007 Oregon Fire Code Appendix C “Fire Hydrant Locations and Distribution”, the developer shall also space hydrants by siting them whenever feasible at or near other improvements that already preclude on- street parking, such as bicycle and pedestrian crossings, curb extensions, and driveways. G10. Public facilities, including curb ramps and the greenway drinking fountain pairs, restrooms, and trail, shall be compliant with the Americans with Disabilities Act (ADA). G11. Signage: Subdivision identification: Staff clarifies the allowances of WDO Table 3.10.10A for subdivision identification monument signs as follows: Where a particular subdivision monument sign design and location would place WDO Table 3.10.10A (maximum height of 8 ft) and WDO 2.06.02 (maximum wall heights and vision clearance) in conflict, WDO 2.06.02 shall prevail. SUB-1. Expiration: The schedule in the table below allows for a due date more than three years past the Council approval date: ---PAGE BREAK--- Final Order Exhibit A Page 52 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 52 of 72 Table SUB-1 Platting Schedule Phase Subdivision Final Plat Application to the City Recordation with Marion County 1A Same as WDO 4.02.04B.2., specifically, application to the City for final plat Same as WDO 5.01.06C.1. (within 30 calendar days of the Director’s signature on the plat mylar) 1B n/a because no subdivision proposed 2A four years past approval of the preliminary subdivision as dated in the final decision document 2B four years past 2C seven years past 3A five years past 3B five years past 4A seven years past 4B seven years past SUB-2. Maintenance: For all private tracts within the SDA, the developer shall provide for perpetual maintenance of improvements – including stormwater detention facilities – as follows: a. To meet WDO 3.09.09, prior to conveying land ownership of any tract, the developer shall establish a homeowners association (HOA) pursuant to Oregon Revised Statutes (ORS) 94 and other applicable statutes. b. A master HOA shall be established to take ownership of and be responsible for all private tracts across all phases within the SDA; maintain, repair, replace, and restore improvements; identify and make clear to lot owners its duties; levy assessments to owners in a fair, transparent, and written way; and, as years pass and residents seek to alter, expand, or add to common area improvements such that City land use decisions or permits would be required, serve as mediator among such residents and be the applicant of record. c. Phase 1A: The developer shall provide a copy of articles of incorporation, bylaws, and covenants, conditions, and restrictions (CC&Rs) for the Master HOA to the City Attorney and Director for review prior to final plat approval of Phase 1A or earlier if ORS 94.565(2) requires. CC&Rs shall describe the responsibilities of the HOA to maintain all private common area improvements across all phases as they develop. d. The master HOA corporation shall not allow involuntary dissolution or, to dispose of common area obligations, voluntarily dissolve. To this end, the corporation shall comply with applicable statutes and the administrative rules of the Oregon Secretary of State. The developer shall in the bylaws and CC&Rs reiterate that because of ORS 94.626, any dissolution would not also dissolve obligations. e. Were the developer to establish a sub-phase HOA corporation to take ownership of or be responsible for specific improvements or amenities within that individual phase of the ---PAGE BREAK--- Final Order Exhibit A Page 53 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 53 of 72 SDA, the developer shall provide a copy of articles of incorporation, bylaws, and covenants, conditions, and restrictions (CC&Rs) for the sub-phase HOA to the City Attorney and Director for review prior to final plat approval of that phase, or earlier if ORS 94.565(2) requires. SUB-FD. Fire turn-arounds: The developer shall provide temporary fire apparatus turn-arounds for any stubbed streets. For each phase the developer shall illustrate on construction drawings proposed cul-de-sacs, turnarounds including temporary ones, and stub streets to the satisfaction of the Woodburn Fire District and to that of the Director on behalf the Police Department for emergency access requirements. PP-1 . Phasing: The developer must plat and construct the nine phases in the order described in the applicant’s narrative (Exhibit B) under 3.09.04 on pp. 59-60, except that Phase 2C may come later or last. PUD-1. All references within PUD conditions to “any” or “all” phases or to specific phases, for those phases that straddle the PUD boundary, are limited to the area within the phase that is also within the PUD boundary. PUD-2. Alleys: a. Authority: The developer shall dedicate alleys as public ROW. b. Access management: A house or row house lot that abuts both an alley and one or more streets is prohibited from a driveway apron / curb cut along the street or streets. c. Rear setback: The minimum rear setback from an alley shall be either 5 ft where a public utility easement (PUE) exists or if not then 1 foot. PUD-3. Architecture: The architectural standards of WDO 3.07 are clarified and modified as outlined in the applicant's narrative (Exhibit B) and as follows: a. Theme: The developer shall maintain the architectural theme of "Modern American Cottage" style throughout the SDA, substantially conforming to the theme represented in the Exhibit D renderings series. b. Houses: Single-family dwellings shall meet the architectural standards in WDO 3.07.03C., except that the developer may: i. As a minimum provide seven (instead of nine) of the twelve design features; and ii. If the developer opts for item 7. (garage setback), the garage minimum setback shall be 18 ft (instead of 20). c. Corner lots: For applying architectural standards, a narrow open space tract between a lot and a street that is narrower than an adjacent lot shall not preclude the lot from being deemed at the second street. ---PAGE BREAK--- Final Order Exhibit A Page 54 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 54 of 72 d. Patios, porches: The number, depths, and sizes shall be in substantial conformance with the Exhibit C-5 typical lot plans series. A front porch minimum setback shall be 6 ft (instead of 10); there is no maximum. e. Street setback: The minimum street setback shall be 15 ft for houses and 18 ft for house garages. PUD-4. Bicycle/pedestrian routes: a. Sidewalks: At least five segments of the greenway trail are on-street and merged into wide sidewalks. The extra width is outside ROW. For each segment, the developer shall do one of the following for the extra width outside ROW: 1. Illustrate dedication of and dedicate the area as additional ROW; 2. Incorporate the area and written provisions for public access to the area into a public utility easement (PUE); or 3. Illustrate dedication of and dedicate over the area a separate public access easement and provide a recorded copy of this easement at the same time as the recorded PUE. b. Mill Creek Greenway Trail: 1. Pavement: The trail shall be at least 12 ft wide and paved with asphalt, concrete, or both. If asphalt, it shall meet or exceed the specifications in the greenway plan “Appendix a Typical construction details”, sheet “Typical Asphalt Walk”. 2. Shoulders: The trail shall have 2-foot shoulders, specifically a strip free of vertical improvements on each trail side. Shoulders apply also to the off-street sides of segments incorporated within sidewalk and within common area. 3. Furniture, tree zones, and support facilities: The trail shall be sited to have minimum 6-foot zones along each side unencumbered for installation of the following support facilities: ---PAGE BREAK--- Final Order Exhibit A Page 55 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 55 of 72 Table PUD-4b Greenway Support Facilities Support Facilities Min. No. Placement* Timing: Due by Phase Notes (“ft” = feet; “min.” = minimum; and “sq ft” = square feet) Benches 26 No less than about every 300 ft of trail 1A, 1B, 2A, 3A & 4A Min. bench width is 6 ft. At least 80.0% of benches shall have backs. Bicycle parking 20 East: 10 at the large plaza West: 10, with 4 at the basketball court 1A & 4A See Condition PUD-5. Staff recommends sheltering the entire large plaza supply as the 50.0% coverage. Sheltering may be incorporated with the restroom building at the large plaza. Dog poop stations 6 East: 4 West: 2; One at almost every path or trailhead. 1A, 2A, 3A, & 4A Each includes bag dispenser and either includes a trash receptacle or is sited within 10 ft of one. Drinking fountains 6 (as three pairs) East: 4 (2 pairs), including at the large plaza West: 1 (1 pair), at the basketball court 1A & 4A - Recycling and trash receptacles 12 (as six pairs) East: 6 West: 6 1A & 4A Place pairs near trail and path junctions with sidewalk. *“East” and “west” denote greenway areas respective to the Ben Brown Lane crossing. These zones overlap shoulders. Furniture zones apply also to the off-street sides of trail segments that are incorporated within sidewalk. The alignment of the three mainline segments shall shift towards the north, northwest, or west to allow a tree planting zone by providing at least 8 ft of distance between the trail and the boundaries of the following lots: ---PAGE BREAK--- Final Order Exhibit A Page 56 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 56 of 72 i. Phase 1A: Those north of Ostrom Drive and northwest of the intersection of Thomas Way and Ben Brown Lane; and ii. Phase 4A: Those north of Sawtelle Drive. 4. Public access through private tracts: For any trail segment on a tract that is to be private and not public, the subject phase plat shall include an easement granting public access. The developer may opt to site underground utilities under the trail or trail shoulders and adapt and apply a PUE as a means of meeting this condition. c. Other off-street paths: 1. Pavement: Paths shall be in substantial conformance with the site plans in the Exhibit C-8 series and paved with any of asphalt, bricks, concrete, concrete pavers, or paving stone. 2. Phase 3A: The east path of both the north and south segments of the east, Nichols- Pickering mews between Hershberger and Gunderson Avenues shall be at least 6 ft wide. 3. Shoulders: Same as for the trail. 4. Public access through private tracts: For the Phase 1A and 2A path segments connecting Killian Spring Parkway, Ben Brown Lane, Halter Avenue, and the trail north segment and the Phase 4B Tract path connecting Lana and Rita Drives, the subject phase plat shall include an easement granting public access. The developer may opt to site underground utilities under the path or path shoulders and adapt and apply a PUE as a means of meeting this condition. 5. Phase 1A Tract path: i. Shoulders: The common area tract with the path between Smith Drive and the north SDA boundary in Phase 1A – preliminarily designated Tract (Exhibit C- 8, Sheet 2) – shall along the north rear tract line have no fencing, wall, or barrier to cyclists and pedestrians that comes within 2 ft of the path. ii. Seat walls: Any wall along the north boundary of the tract must be a seat wall, meaning at least 1½ ft deep and no higher than that. d. Sidewalk, trail, path, or walkway: Taper: Wherever any of them changes between narrower and wider segments, at least one side of the change shall taper at 1 foot width for every 2 ft of distance forming an elongated triangle. e. Footbridges: The walking surfaces shall be raised above 100-year floodway elevation. PUD-5. Bicycle parking: The following applies to improved common areas and ROWs: a. Baseline amount/count/number/quantity/supply: The developer shall distribute across improved common areas and ROWs at least 20 bicycle parking stalls. The cap within WDO 3.05.03E. is modified to not apply. b. Placement: Per Table PUD-4b. c. Stall size: Minimum 2 ft wide and 6 ft long. If wall-mounted, the minimum stall volume is 2 ft wide, 6 ft high, and 5 ft deep. ---PAGE BREAK--- Final Order Exhibit A Page 57 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 57 of 72 d. Clearances: The minimum width along a stall for maneuvering in and out of it is 5 ft. The minimum vertical clearance height is 8 ft. e. Coverage/sheltering: 50.0% of the total required number shall be covered or sheltered from the weather. PUD-6. Environmental sustainability / energy conservation: climate control: shade trees: dwelling street yards: Along lots with south, southwest, and west street frontage where the size of the yard open ground accommodates a planting area of at least 50 sq ft and a minimum distance of 6 ft between sidewalk and building foundation, the developer shall plant a small deciduous shade tree. PUD-7. Lighting: This condition applies to exterior lighting outside of ROW. Non-residential buildings, structures, and common areas along any of streets, alleys, the greenway, and both mews shall have exterior lighting fixtures be full cut-off or fully shielded models. This condition precludes uplighting of monument signs. Sports field lighting must be full cut-off from emitting light both above a horizontal plane parallel with the ground and beyond vertical planes flush with the field boundaries. The City may require separate review and approval of sports field lighting. PUD-8. Parking, off-street: size, screening: a. Driveways, driveway parking pads, and garage stalls: WDO Table 3.04A and 3.05.03F.1.b. are modified such that for dwellings each parking space shall be at least 9 ft wide by 18 ft long. b. Pavement: Beyond ROW, WDO 3.04.04 is modified such that the cement six inches applies to driveway pavement for non-residential uses, and for dwellings cement minimum depth may be four inches. c. Alley visitor pooled parking: Screening (of headlights): For each of the parking areas with stalls that face a dwelling, regardless of distance the developer shall screen the facing side of every stall with evergreen shrubbery at a height of at least 3½ ft and depth at maturity of at least 3 ft. This condition does not apply to a parking area for a non-residential building. PUD-9. Streets: a. Modifications: The developer’s proposed modifications of streets otherwise required to the standards of WDO 3.01 are acknowledged and approved as is or as further modified by conditions of approval. b. Sidewalks: Phase 3A: Gunderson Avenue: The south/southeast sidewalk shall be at least 8 ft wide between the southernmost lot along the east side of Simon Street (Lot 86) and the easternmost lot along the south side of Gunderson Avenue (Lot 141). c. Street trees: ---PAGE BREAK--- Final Order Exhibit A Page 58 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 58 of 72 1. WDO 3.06.03A.1. is modified such that the developer shall plant 1 tree per 30 ft of frontage (instead of 1 per 50), and this condition is limited to the following three block faces that have few or no driveway aprons / curb cuts: i. Phases 1A & 1B: Kirksey St: north/northwest side, between Ben Brown Lane and Sawtelle Drive; ii. Phase 3A: Stubb Rd: east side, between Killian Spring Parkway and Gunderson Avenue; and iii. Phase 4A: Parr Rd: north side, between Kirksey Street and Stubb Road. For (iii.), the developer shall place the trees specifically within 8 ft of the north side of the sidewalk. 2. Tree wells: Phase 3A: Gunderson Ave: The north/northwest side of Gunderson Avenue lacks a planter strip or tree wells, and common area is along much of this side. The developer shall plant 1 tree per 30 ft of frontage between Simon Street and Stubb Road. Placement shall be within 6 ft of the sidewalk. At least one tree shall be at the west side of each of the east mews east walkway and the west mews walkways that all intersect the sidewalk. The developer shall revise site plans accordingly. 3. Species: Streets along a block or a street may be of a single species; however, across the entire SDA all street trees must be of at least three species. 4. The developer shall provide a street tree plan for each phase. PUD-10. Traffic calming: a. Stamped crosswalks: The developer shall construct the patterned stamped concrete crosswalks and intersections per the number and placements in the Exhibit C-8 series. For trail crossings of streets, the minimum stamped width is 12 ft. For crossings along other off-street path segments, the minimum stamped width is 8 ft. The developer shall construct an additional stamped concrete patterned crosswalk in Phase 1A at the south/southwest crossing of the intersection of Ben Brown Lane and Kirksey Street. b. Speed tables: The developer shall dye and construct two of the stamped crosswalks as raised crosswalks / speed tables at the following two locations: i. Phase 1A: trail mainline: crossing of Ben Brown Lane; and ii. Phase 2A: trail north segment: crossing of Killian Spring Parkway. c. Table heights and slopes and the widths of any curb ramps shall be pursuant to the MUTCD. For trail crossings of streets, the minimum width of the tabletop is 12 ft. PUD-16. Fencing: This condition applies to the 29 lots across Phases 1A (Lots 13-24), 2B (Lots 1-8), and 3B (Lots 1-9) that abut Woodburn Senior Estates No. 7 Subdivision. Along this boundary of the Smith Creek site development area, the developer shall construct sight- obscuring wood fencing at least six ft high. Timing: This is due by each of Phase 1A, 2B, and 3B. ---PAGE BREAK--- Final Order Exhibit A Page 59 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 59 of 72 SUB-3: Creek maintenance easements: To meet Ordinance No. 2018, prior to each phase final plat the developer shall grant public improvement and maintenance easements along the creek tributary 100-year floodway. [Exhibit B, p. 32] SUB-6. House heights: This condition applies to the 29 lots across Phases 1A (Lots 13-24), 2B (Lots 1-8), and 3B (Lots 1-9) that abut Woodburn Senior Estates No. 7 Subdivision. Any house that is higher than sixteen (16) ft as measured per WDO Figure 1.02A shall have a rear setback of at least twenty-five (25) ft. T-BP1. Ben Brown Lane: sidewalks: The developer shall: a. Phase 1A: Extend the south side sidewalk east beyond the SDA boundary to connect to existing sidewalk that ends at the south/southwest corner of Ben Brown Lane and Elana Way. The applicant shall to the extent feasible meander the sidewalk to save existing trees in or partially within existing ROW. Timing: These are due by Phase 1A. b. Phase 2C: Extend the north side sidewalk east beyond the SDA boundary to connect to existing sidewalk that ends in front of 499 Ben Brown Lane. Timing: This is due by Phase 2C. VAR-SF. As a variance condition to codify variance request number 1 itself, the minimum street frontage shall be 30 ft except as modified within the PUD to be 18 ft for row house lots. VAR-FS1. Front and street minimum setback: As a variance condition to codify variance request number 2 itself: a. The subject area for the variance request 2 of 4 is composed of the yellow (SFD-60) and purple (SFDA-40) lots on the color lot type map (Exhibit C-4), which are in Phases 1A, 2A, 2B and 3A, 3B, and 4B: Phase 1A: Lots 1-24 and 135-151. Phase 2A: Lots 1-15. Phase 2B: Lots 1-13 and 21-35. Phase 3A: Lots 1-13. Phases 3B & 4B: all lots. b. The minimum front and street setback for dwellings, excluding their garages, shall be 15 ft (instead of 20). PUD-11. Greenway: other amenities: With prior approval and agreement of the City, and pursuant to the City Parks and Greenway Master Plans, the developer may construct further qualified public improvements along the greenway trail that are eligible for Parks and Recreation SDC credit pursuant to Ordinance No. 2250. ---PAGE BREAK--- Final Order Exhibit A Page 60 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 60 of 72 VAR-LC1. Maximum lot coverage: As a variance condition to codify variance request number 3 itself: a. The subject area for the variance request 3 of 4 is composed of the yellow lots (SFD-60) on the color lot type map (Exhibit C-4), which are in Phases 1A, 2B, 3B, and 4B: Phase 1A: Lots 1-24, 135-146, and 151. Phase 2B: Lots 1-13. Phases 3B & 4B: all lots. b. The maximum lot coverage, regardless of dwelling height and excluding detached accessory structures, shall be 50.0% (instead of 40% for a dwelling up to 16 ft high and 35% for a dwelling higher than 16 ft). VAR-LC2. Common area: Phase 1A: As a variance condition for greater lot coverage, the developer shall dedicate as common area the tracts per Table VAR-LC2 below: Table VAR-LC2 Phase Tract Preliminary Designation Exhibit C-8 Sheet Location Acreage Intended Ownership 1A 1: “Area Ben Brown Ln north side 0.07 (3,049 sq ft) City/public 1A 2: “Area Smith Dr north side 0.07 City/public 2B 7 Smith Dr north side 0.26 (11,325 sq ft) City/public 4B 13 Rita Dr south side 0.26 City/public 4B 13 Between Lana & Rita Drives and at Yvonne Street Unlisted HOA/private All - - - 0.66+ acres - VAR-A. Alley-loaded small lots: As a variance condition for not having all small lots be alley- loaded per variance request number 4, the developer shall alley-load at least the proposed percentage of small lots, equal to 300 out of 537 or 55.9% of all small lots. Phase 1A T-A1. Evergreen Road: Phase 1A: The developer shall re-stripe at: a. W. Hayes St: the north leg of Evergreen Road at its intersection with W. Hayes Street to accommodate a left turn lane for southbound traffic approaching the intersection, per the applicant’s narrative (Exhibit B) and the traffic impact analysis (TIA; Exhibit b. OR Hwy 214: the south leg of Evergreen Road at its intersection with Oregon Highway 214 / Newberg Highway. Specifically, in the travel lane that serves as both a through lane ---PAGE BREAK--- Final Order Exhibit A Page 61 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 61 of 72 and a turn lane, south of the intersection the developer shall stripe two additional two- arrow symbols aligned with the two left-turn arrows in the left turn lane. [Comp plan goals G-2.1; H-2] ---PAGE BREAK--- Final Order Exhibit A Page 62 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 62 of 72 T-A2. N. Settlemier Avenue & W. Hayes Street intersection: Phase 1A: The applicant shall contribute $50,000 into the City Public Works Street and Storm Capital Construction Fund and marked for a feasibility study of improvements that will alleviate and/or mitigate potential detriments of vehicular traffic to the intersection and produce intersection improvement designs. Prior to payment, the applicant and City may execute an agreement memorializing the above terms that would be recorded in the property records of Marion County. T-BP2. Mill Creek Greenway Trail segment in City stormwater tract: Phase 1A: The developer shall develop the additional segment of greenway trail per the Mill Creek Greenway Master Plan (2007) between the S. Settlemier Avenue sidewalk and the east boundary of the SDA to the same standards as conditioned elsewhere for the trail. Construction of this facility shall be considered a qualified public improvement under Ordinance No. 2250; therefore, the City agrees to grant the developer a credit against applicable Parks and Recreation SDCs for 100% of the estimated costs of proposed construction. T-BP3. S. Settlemier Avenue: Phase 1A: The developer shall construct an actuated mid-block crossing of S. Settlemier Avenue near the walkway entrance to and exit from Settlemier Park (400 S. Settlemier Ave). It shall include: a. Zebra crossing striping at least 8 ft wide; b. Actuated pedestrian signals; c. The type, number, and placements of signage compliant with the MUTCD for such mid- block crossings; d. At least two amber light emitting diodes (LEDs), one in each sign that upon actuation warns drivers of the crossing. The signs shall be solar-powered instead of through underground conduit; and e. At the west side, an 8-foot wide curb ramp. T-T1. Bus stops: Phase 1A: a. Number: The developer shall revise Exhibit C-8a-2 (Phase 1A - Area which illustrates and notes a bus stop at the intersection of Ben Brown Lane and Smith Drive, to instead illustrate and provide the proposed southbound bus stop at the south/southwest corner of Ben Brown Lane and Killian Spring Parkway. The developer shall also illustrate and provide a second, northbound stop at the north/northeast corner. b. Shelters: Each stop shall have a bus shelter per any of Cherriots, TriMet, or Woodburn Transportation System (WTS) specifications. The developer shall pave two 4-foot wide concrete pads in the planter strip between sidewalk and curbing and aligned with the entrance and exit doors on a stopped City bus. Each shelter shall include seating and recycling and trash receptacles. The schedule posting frame shall display a notice in English, Spanish, and Russian that there is no City bus service yet. The developer may pay a fee in lieu of each bus shelter equaling $10,000. ---PAGE BREAK--- Final Order Exhibit A Page 63 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 63 of 72 ---PAGE BREAK--- Final Order Exhibit A Page 64 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 64 of 72 PUD-12. Greenway plaza: The developer shall provide at least one plaza as follows: a. Placement: Phase 1A: Bound by Ben Brown Ln at Kirksey St, the trail, and the lot to the east (Lot 58). b. Size: At least 3,000 sq ft. c. Width: At least 33 ft dimension of continuous paved area at same elevation. d. Seating: At least 120 ft (40 persons assuming 3 ft per person). e. Lighting: At least two lights through any of light poles, bollards, and seat wall insets, placing a pole no closer than 50 ft to a street light. f. Public restrooms: At least two (as a pair). Assuming no climate control, each restroom shall have passive means to vent summer heat and lessen stench. Each entrance shall be sheltered by a canopy, roof overhang, or recess into the main wall plane. g. Other amenities: Bicycle parking, dog poop station, drinking fountains, electrical outlets (8 min.), plaza name plaque, shelter, trash and recycling receptacles, signage, and a podium stage elevated at least 1 ft and at least 24 ft wide by 20 ft deep. h. For any and all plazas: i. Size calculation: May include trail area if incorporated. ii. Pavement: 70% min. and 90% maximum. Pavement area excludes tree wells and can be any of bricks, cobblestone, concrete, concrete pavers, fiberglass, flagstone, fieldstone, rubber tiles, and structurally supported fiber cement or wood planking. iii. Width: 100 ft maximum dimension of continuous paved area at same elevation. iv. Landscaping: Min. 90% of unpaved area must be tree wells, shrubbery, groundcover or lawn, and up to 10% of unpaved area may be bark dust; v. Delineation: seat wall(s), pavement edge, or outside/fourth side of a given tree well. vi. Flooding: Capable of enduring floods. vii. Seating: Benches shall be at least 6 ft wide and at least 80% shall have backs. Seat walls have minimum height and depth each of 1½ ft. viii. Trees: Place especially along south, southwest, and west sides. ix. Shelter(s): Min. ceiling height of 10 ft and min. size of 500 sq ft. i. SDCs: Construction of the plaza and its associated improvements shall be considered a qualified public improvement under Ordinance No. 2250; therefore, the City agrees to grant the developer a credit against applicable Parks and Recreation SDCs for 50% of the estimated costs of proposed construction. PUD-13. Ben Brown Lane: a. Bridge crossing: Phase 1A: The bridge crossing at the creek tributary shall have the two travel lanes at no fewer than 11 ft each, an 8-foot parking lane at each side, a six-inch wide curb at each side, and where there is no planter strip an 8-foot sidewalk at each side. The crossing shall be raised above 100-year floodway elevation. ---PAGE BREAK--- Final Order Exhibit A Page 65 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 65 of 72 b. Tapers: The east and west curbing tapers at the north leg of the bridge crossing shall be of sharper horizontal curve to provide more on-street parking closer to the crossing, but only as still able to conform to the MUTCD and ODOT engineering guidance. PUD-15. Golf cart crossings: Phase 1A: The developer shall improve the two existing mid-block golf cart crossings on W. Hayes Street between Cascade Drive and Oregon Way using signage and/or striping pursuant to the MUTCD and as approved by the City Engineer. SUB-4: Bicycle/pedestrian routes: Phase 1A: paths: a. Cornwell-Mattson path: The developer shall improve the path across the Mill Creek tributary that connects Cornwell Street at Smith Drive with Mattson Way at Ostrom Drive to the same standards as conditioned for the trail. b. Phase 1B Tract The developer shall provide the path to the north boundary of Phase 1B Tract to the standards as conditioned for paths. SUB-5. Stormwater: regional detention capacity: Phase 1A: To prevent regional flooding, the developer shall excavate approximately 5,000 cubic yards of soils in the City stormwater tract per Exhibit Y-2 to facilitate regional detention capacity pursuant to the City Storm Drainage Master Plan. Construction of the stormwater detention facility shall be considered a qualified public improvement under Ordinance No. 2111 and Resolution No. 1194; therefore, the City agrees to grant the developer a credit against applicable stormwater drainage SDCs for 100% of the estimated costs of proposed construction. SUB-PW1. Public Works: a. Flood study analysis: i. The developer shall finalize and comply with the Flood Study Analysis (Hydraulic Model) for the future 100-year flood plain/way boundaries and inundation boundaries on the “Stubb Creek Tributary” that flows through the Smith Creek Development. The analysis shall reflect full-buildout conditions for the entire watershed, including all future upstream development build-out. The 100-year floodway within the Stubb Creek Tributary shall properly convey the 100-year storm event for full development build-out of the entire watershed. ii. Each construction phase shall improve “Stubb Creek Tributary” natural drainage to accommodate a future 100-year flood/plain and inundation boundaries at their site and up to South Settlemier Avenue. Applicant to obtain permits from the Department of State lands, Army Corps of Engineers, and any other required permits. iii. The “Stubb creek tributary” drainage width, depth and capacity in the development site shall be such that it is suited to accommodate drainage from ---PAGE BREAK--- Final Order Exhibit A Page 66 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 66 of 72 existing and future development that are part of the entire “Stubb Creek Tributary watershed”. iv. The storm drainage main in Stubb Road shall be designed with size and depth to provide for future extensions. b. Drainage: Maintain improvements per Condition SUB-2 and: i. All culverts/pipes at the drainage crossings shall be construct to the limits of the street right-of-way cross-section. ii. Access and Maintenance Easement shall be provided along “Stubb Creek” as per the Woodburn Development Ordinance. c. General: i. Construction plans for each phase shall be submitted to the City for review and approval and shall conform to the city’s construction plan review procedures and standards that are current at the time of the review. ii. 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. The applicant shall also install public street lighting. iii. The Owner/Applicant shall enter into an Improvement Agreement and provide plans prepared by a registered professional engineer in Oregon for the required public infrastructure and the required performance guarantee in accordance with WDO 4.02.08 prior to final plat approval. No construction activities shall be initiated until the City-approved engineering plans are received by the Applicant. Permits shall be obtained for the construction of public infrastructure from the Public Works Department in accordance with Ordinance No. 1795 prior to construction commencing. iv. All City-maintained facilities located in 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. v. The Applicant, not the City, is responsible for obtaining permits from state, county and/or federal agencies that may require such permit or approval. vi. The Applicant, by this Development, shall not cause storm water runoff to be impounded on adjacent properties. d. Streets: Proposed cul-de-sacs, proposed turnarounds, temporary turnarounds and temporary dead end streets shall be reviewed as part of the construction plans for each phase and shall be acceptable to the Woodburn Fire District and Police Department for emergency access requirements. ---PAGE BREAK--- Final Order Exhibit A Page 67 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 67 of 72 Phase 1B T-BP4. Parr Road: Phase 1B: The developer shall construct an actuated and signalized mid- block crossing of Parr Road near the walkway along the west side of the western of three visitor driveways at Valor Middle School (450 Parr Rd). This relocates an enhanced pedestrian crossing that the applicant proposes farther west at Kirksey Street (Exhibit C-8, Phase 1B / Sheet It shall include: a. Zebra crossing striping at least 12 ft wide; b. Actuated pedestrian signals; c. In place of a portion of the center two-way left turn lane, a refuge island on each side of the crossing route; d. Landscaping: Within the islands, xeriscaping; e. Width: Between inside edges of curbing, each island shall be at least 10 ft; f. Length along road: Between inside edges of curbing, each island shall be at least 6 ft; g. The type, number, and placements of signage compliant with the MUTCD for such mid- block crossings; h. At least two amber light emitting diodes (LEDs), one in each sign that upon actuation warns drivers of the crossing. The signs shall be solar-powered instead of through underground conduit; i. ADA-compliant curb ramps that transition the crossing to existing sidewalks. Each ramp shall be at least 12 ft wide; and j. Along the south side of Parr Road, which contains both existing sidewalk and a bicycle/pedestrian path as well as two grass strips, the developer shall pave concrete 12 ft wide between the sidewalk and the path and aligned with the crossing. Phase 2A None specific. Phase 2B None specific. Phase 2C None specific. Phase 3A EXCP-2. Stubb Road: Phase 3A: ---PAGE BREAK--- Final Order Exhibit A Page 68 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 68 of 72 a. Bridge crossing: The crossing at the creek tributary shall have the two travel lanes at no fewer than 11 ft each, an 8-foot parking lane on the east side, a six-inch wide curb at the east side, and where there is no planter strip an 8-foot sidewalk on the east side. The crossing shall be raised above 100-year floodway elevation. b. Taper: The east curbing taper at the north leg of the tributary bridge crossing shall be of sharper horizontal curve to provide more on-street parking closer to the crossing, but only as still able to conform to the MUTCD and ODOT engineering guidance. [Exhibit C-11 Street Details Sheet 2 of 2] Phase 3B T-A3. Killian Spring Parkway: Phase 3B: The developer shall extend Killian Spring Parkway north off-site to W. Hayes Street per the Exhibit P drawing. Phase 4A PUD-14. Eaden Street: Phase 4A: Street trees along the west side of Eaden Street that are in discontinuous planter strips or wells shall each have a minimum planting area of 36 sq ft with a narrowest dimension of 4 ft. Trees may be sunk within wells or planted at or near sidewalk elevation. If sunk, wells must be covered with metal grates and not plastic ones. Phase 4B None specific. XIV. Notes to the Applicant 1. Platting: a. Block numbering: Unless the County Surveyor indicates policy would override this numbering scheme, assign and plat letters or numbers to each block within a phase, with the understanding that streets, mews, and the greenway define blocks. (Alleys are to be within blocks and not block boundaries.) This is to help identify lot groups within a phase and facilitate administration of conditions. b. Common area tracting: i. Assuming that the developer and surveyors through each plat will designate tracts by letter beginning with the developer shall letter all tracts in each phase such that adjacent tracts separate by a phase boundary will share the same letter across ---PAGE BREAK--- Final Order Exhibit A Page 69 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 69 of 72 plats. For example, a proposed stormwater detention pond in the greenway and along the north side of Kirksey Street is mostly in Phase 1B but extends into both 1A and 4A. In all three phase plats, the tracts in which the pond lies will have the same letter designation. Staff recommends that in all phases with greenway tracts, that the letter default to these with subsequent letters for lesser tracts. ii. Dedication of greenway tracts as public need to less out private stormwater detention ponds that lie within the greenway. c. Building permits: Plat before building permit application. To apply for the first building permit for property within a given phase, the developer must have obtained City approval of a Subdivision Final Plat and recorded the plat with the Marion County. 2. Street layout: The developer must deal with temporary dead-end streets with signage and through platting a “reserve strip” per WDO 3.01.05A.2. 3. Street naming corrections: Per WDO 3.01.06 “Street Names”: a. When extended, Ben Brown Lane will be longer than 1,000 ft. Per 3.01.06C.1.d., the developer must revise the extension suffix to either “Avenue” or “Drive”. b. The developer must change the suffix for Halter “Avenue” to “Drive” because the street skews much over its short length. c. Because the curvilinear Ben Brown Lane and Killian Spring Parkway will wreak havoc with street addressing, the applicant must modify the names: Staff recommends: Proposed Recommended Segment Ben Brown Ln Lower Ben Brown Ave East SDA boundary west to Killian Spring Pkwy Middle Ben Brown Ave Killian Spring Pkwy to Smith Dr Upper Ben Brown Ave Smith Dr to west SDA boundary Killian Spring Pkwy Upper Killian Spring Pkwy East of Ben Brown Ln Lower Killian Spring Pkwy West of Ben Brown Ln 4. Street addressing: a. For the Building Division to accept building permit applications the applicant must have applied to the Community Development Department for and obtained street addresses for newly recorded lots and payment per the Planning Division fee schedule. Expect up to 2-3 weeks for approval following application. Staff can recommend address designations. The applicant prepares an exhibit with a site plan indicating the address under cover of an address assignment request form. Besides the City, the Woodburn Fire District and the U.S. Postal Service (USPS) are interested parties and can comment on addressing. For details, consult the Administrative Assistant, (503) 982-5246. b. Alley dwellings: As part of the motion by the City Council on October 29, 2018 that approved the Smith Creek Development, the Council directed per the verbal recommendation of the Senior Planner that there be a note to the applicant (instead of ---PAGE BREAK--- Final Order Exhibit A Page 70 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 70 of 72 an additional condition of approval) to address whether and how any given alley-loaded dwelling that abuts both a street and an alley is addressed off of the alley or the street and that staff and the developer address and resolve the issue. This is that note. 5. Utilities: Through Final Plans (FPs), indicate placement, dimensions, and nature of utility boxes and vaults. 6. Public Works (PW): General: c. A Department of Environmental Quality 1200 C Erosion Control permit will be required for this project, and is the responsibility of the applicant to obtain and comply with stipulated conditions of the permit. d. All system development charges shall be paid prior to the time of the building permits are issued. e. On-site existing water wells and subsurface sewage disposal systems shall be abandoned by the applicant in accordance with all state regulations and requirements. f. Each subdivision phase shall be platted in accordance with City standards, approved and recorded with Marion County. g. All work shall conform to the current State and City of Woodburn standards and regulations at the time of permit application. 7. PW: Streets: a. All streets pavement width’s shall comply with the minimum requirements set in current Woodburn Transportation System Plan, street functional classification designation, including widths at all creek crossings. b. No structures or fences greater than 42” in height will be allowed in the sight visibility area on lots at the street intersection, regardless of the approved building setbacks, per WDO 2.06.02 and 3.03.06. c. Mountable curbs are only allow in the alleys. 8. PW : Drainage: The development shall be subject to wetland regulations. The Oregon Department of State Lands (DSL) and U.S. Army Corps of Engineers (U.S. COE) shall be contacted and proper permits obtained. 9. PW: Sewerage: a. 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, including the south end of the development. b. The Sanitary sewer main in Stubb Road shall be designed with size and depth to provide for future extension. ---PAGE BREAK--- Final Order Exhibit A Page 71 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 71 of 72 c. All residential lots shall be served by a separate sanitary service extending to the city maintained system located with the public right-of-way. 10. PW: Water: a. The water mains serving each phase shall be a looped system, shall be sized in accordance with flow and fire protection requirements for each construction phase. The minimum size of water main shall be 8”in diameter. b. Fire hydrants locations and fire protection requirements shall be as per the Woodburn Fire Districts and City of Woodburn requirements. c. Actual fire hydrant locations and in-line valving locations shall not be determined until the construction plan review for each phase. 11. 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. 12. Inspection: Prior to building occupancy, all landscaping and screening must be installed and prior to City staff verification. Contact Planning staff at least three City business days prior to a desired date of planning/zoning inspection of site improvements. This is separate from and in addition to the usual building code and fire and life safety inspections. 13. 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. 14. ROW: All work within the public rights-of-way 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. ---PAGE BREAK--- Final Order Exhibit A Page 72 of 72 Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision to Strike Condition T-A4 (Stop sign removals from W. Hayes St at Oregon Way) and add Note to the Applicant 4b per Council motion 10/29/2018; Attachment 102 Page 72 of 72 15. Franchises: The applicant provides for the installation of all franchised utilities and any required easements. 16. 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 must install the proper type of backflow preventer for all domestic, lawn irrigation and fire sprinkler services. The backflow devices and meters must be located near the city water main within an easement, unless approved otherwise by Public Works. Contact Scott Bergren, City of Woodburn Cross Connection Inspector, for proper type and installation requirements of the backflow device at (503) 982-5380. 17. 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. 18. 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. 19. 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. 20. Records: Staff suggests that the applicant retain a copy of this staff report and the final decision. 21. Signage: The approval excludes any signage, which is subject to WDO 3.10. ---PAGE BREAK--- 35 3.03.05 Projections into the Rear Setback A. Chimneys, flues, bay windows, steps, eaves, gutters, sills, pilasters, lintels, cornices, planter boxes and other ornamental features may project not more than 24 inches into the rear setback. B. A balcony, outside stairway or other unenclosed, unroofed projection may not project more than 10 feet into a rear setback. In no case shall such a projection come closer than 6 feet from any lot line or Special Setback. C. Covered, unenclosed porches, extending not more than 10 feet beyond the rear walls of the building, shall maintain at least a 10 foot setback from the property line or Special Setback. D. Uncovered decks not more than 18 inches above final grade shall maintain at least a three foot setback from the property line or Special Setback. E. No permitted projection into a rear setback shall extend within ten feet of the centerline of an alley, or of a rear lot line if no alley exists, or within six feet of an accessory structure. F. Accessory structures are not considered projections into a rear setback, but have separate setback requirements listed in this Ordinance (Section 2.06). COMMENTS: All the provisions of this section will be met by the proposed development. 3.03.06 Vision Clearance Area A. A vision clearance area (Figures 3.03A and B) is an area at the intersection of two streets, a street and a driveway, or a street and an alley, in which visual obstructions are limited for safety purposes. COMMENTS: The Applicant recognizes the locations where vision clearance areas exist. B. The vision clearance area is formed by a combination of the following lines: 1. At the intersection of two public streets: a line extending 30 feet from the two lot lines adjacent to a street, and a third line drawn across the corner of the lot that connects the ends of the lines. COMMENTS: The Applicant proposes use of the flexibility allowed in PUD Section 3.09.06 to modify the provisions of this code subsection for the proposed planned unit development area of the site. This PUD code allows for flexibility in the development standards listed in this Section 3.03.06 for vision clearance area. The Applicant requests vision clearance area at the intersection of two public streets be formed by two lines extended 30 feet from the intersection of the two curb lines extended and a third line that connects the ends of the two lines along the curb face by crossing the planter strip and sidewalk area of the right-of-way, which in some cases will clip the corner of the lot creating a vision clearance triangle. Where this occurs, an easement will be placed on those lots on the plat. Applicant’s Exhibits Appended to Final Order Exhibit A for Context to Administer Conditions P. 1 of 68 ---PAGE BREAK--- 36 This flexibility is requested because the vision clearance area as written in this subsection of the code obstructs the building footprint and front lot access on lots proposed in the PUD and Small lots allowed in the Nodal District. The modification this PUD approach would create is modeled after the vision clearance triangle found in the City of Canby’s development code and is safe: “16.04.670 Vision clearance area. Vision clearance area means the triangle area at the intersection of two streets, a driveway and a street, or a street and a railroad, two sides of which are measured from the corner intersection of the existing or proposed curb lines to a distance specified in this title. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides. Where the curb lines at intersections have rounded corners, the curb lines will be extended in a straight line to their points of intersection. No plantings, structures, or temporary or permanent obstructions shall be located within a vision clearance area, extending from two and one-half to ten feet above the curb or street elevation. Except, however, that one tree trunk not greater than eighteen inches in diameter shall be permitted within a vision clearance area. (Ord. 830 section 3, 1989; Ord. 740 section 10.1.20(B) [part], 1984)” (CITY OF CANBY December 2010 Chapter 16.04 - Page 20 & 22) The vision clearance area standards of this subsection are proposed to continue to apply to the Standard lots outside the PUD area. 2. At the intersection of a public street and a private street: a line extending 30 feet from the lot line adjacent to the public street, a line extending 30 feet from the outside edge of the pavement on private street, and a third line drawn across the corner of the lot that connects the ends of the lines. COMMENTS: There are no private streets proposed within the development. This section is not applicable. 3. Within the DDC zone (Figure 3.03B): a line extending 20 feet from the two curb lines, and a third line drawn across the corner of the lot that connects the ends of the lines. COMMENTS: The subject property is not within the DDC zone, therefore this section is not applicable. However, the vision clearance triangle proposed above for other streets under the flexibility of the PUD is like this vision clearance triangle in the DDC zone, only 10 feet longer on each leg of the triangle. ---PAGE BREAK--- 37 4. At the intersection of a public street and an alley: a line extending ten feet from the intersection along the back of curb, a line extending ten feet from the property line along the alley and a line drawn across the corner of the lot that connects the ends of the lines. 5. At the intersection of a public street and a driveway: a line extending ten feet from the intersection along the back of curb, a line extending ten feet along the side of the driveway, and a third line drawn across the corner of the lot that connects the ends of the lines. 6. At the intersection of a private street and a driveway: a line extending ten feet from the outside edge of pavement on the private street, a line extending ten feet along the side of the driveway, and a third line drawn across the corner of the lot that connects the ends of the lines. COMMENTS: The proposed development will conform to the vision clearance area formed as described in these subsections B.4, B.5, and B.6 of the code. 7. If a street is subject to a Special Setback, the Special Setback shall be used to define the vision clearance area. COMMENTS: The proposed development has no special setbacks; therefore, this section is not applicable. C. Vision clearance area shall contain no plants, fences, walls, structures, signs, parking spaces, loading spaces, temporary or permanent obstructions exceeding 42 inches in height (measured from the top of the curb or, where no curb exists, from the street centerline), except: 1. Trees, provided branches and foliage are removed to a height of 7 feet above grade; 2. Utility poles; 3. Utility boxes less than ten inches at the widest dimension; and 4. Traffic control signs and devices. COMMENTS: The Applicant recognizes these restrictions and exceptions. ---PAGE BREAK--- 4 C. Development Standards (Tables 2.02B-F) [sections omitted for brevity] COMMENT: The Applicant recognizes these tables by reference. SFD-RS The lots to be created in Phase 2C by subdivision of Parcel 1 of PP#1 (See Exhibit C-17) will be zoned RS and are not PUD lots. They will be developed with lots conforming to standards of Table 2.02B, except where modified by variance. They are outside of the Nodal Overlay District. They are referred to as SFD-RS in this application (See Color Lot Type Map, Exhibit C-4). SFD-60 Lots identified in the development plans as SFD-60 are not PUD lots. They will be developed as “Standard” RSN lots conforming to Table 2.02C, except as modified here by the requested variances (see Comments on Variances under Section 5.03.12 below). SFD-45 & SFD-40 PUD lots identified as SFD-45 & SFD-40 in phases of the proposed development in areas designated on the Comprehensive Plan Map as RSN will be developed to conform to specifications for “Standards” lots in Table 2.02C, except as modified here by the PUD application. These lots are “Standard” lots that are modified by the PUD. Here is a list of the standards of this table proposed to be flexed for these PUD “Standard” lots, as allowed in a PUD by Section 3.09, to accommodate a variety of uses: A. Lot Area Minimums – Reduced to minimum square feet area per Table 1.0 below. B. Lot Width Minimums – Equal for interior and corner lots to “Lot Width Typical” per Table 2.0 below. C. Lot Depth, Average is a minimum average, lot depth average can be more, respectively. D. Minimum Density –Minimum density in the PUD area will meet that minimum required for a PUD in Table 3.09A of the WDO. See table in Exhibit T for proposed PUD density and how it meets the PUD density requirements. No maximum density is listed in the code, yet maximum density in the Comprehensive Plan is not exceeded. E. Street Frontage Minimum –Interior lot street frontage minimum equal to a 5’ reduction, or 35’. F. Front [Building] Setback Minimum – Equals 15’ per Table 2.0 below, while Front Garage Setback Minimum remains 20’ per this code and Table 2.0 below. G. [Side] Setback Abutting a Street Minimum – Reduced to 15’ per Table 2.0 below. H. Front Porch Setback of 10’ is proposed as a minimum, not a “maximum”, larger front yards are allowed. I. Rear Setback, Average of 20’ is a minimum average, rear setback average can be more than 20’, larger rear yards are allowed. J. Lot Coverage of primary dwelling limited by proposed setbacks. K. Eaves may be less than 12 inches, or when 12 inches may project 12 inches into side setback. All other standards of Table 2.02C apply. ---PAGE BREAK--- 5 SFDA-40 Lots identified in the development plans as SFDA-40 are not PUD lots. They will be developed as small lots in the RSN zone meeting the standards for small lots in Tables 2.02C, except where modified by variance with this application. SFD-33, SFDA-34, & SFDA-32 PUD lots identified as SFD-33, SFDA-34 & SFDA-32 in phases of the proposed development in areas designated on the Comprehensive Plan Map as RSN will be developed to conform to specifications for “Small lots” of Table 2.02C, except as modified here by the PUD application or by a variance. Here is a list of the standards of this table proposed to be flexed for these Small lots, as allowed in a PUD by Section 3.09, to accommodate a variety of uses: A. Lot Area Minimums – Reduced to minimum square feet area per Table 1.0 below. B. Lot Width Minimums – Equal for interior and corner lots to “Lot Width Typical” per Table 2.0 below. C. Lot Depth, Average is a minimum average, lot depth average can be more, respectively. D. Minimum Density – Minimum density in the PUD area will meet that minimum required for a PUD in Table 3.09A of the WDO. See table in Exhibit T for proposed PUD density and how it meets the PUD density requirements. No maximum density is listed in the code, yet maximum density in the Comprehensive Plan is not exceeded. E. Street Frontage Minimum – Street frontage minimum equal the “Lot Width Typical” per Table 2.0 below, and alley frontage counts toward minimum street frontage. F. Front [Building] Setback Minimum – Equals 15’ per Table 2.0 below, while Front and Rear Garage Setback Minimum remains 20’ per this code and Table 2.0 below. (For lots that only have frontage on a public alley the front setback is the short boundary of the lot adjacent to the common area tract, while the rear setback is adjacent to the public alley, the garage side.) G. [Side] Setback Abutting a Street Minimum – Reduced to 15’ per Table 2.0 below. H. Front Porch Setback of 10’ is proposed as a minimum, not a “maximum.” Larger front yards are allowed. (For lots that only have frontage on a public alley the front setback is the short boundary of the lot adjacent to the common area tract, while the rear setback is adjacent to the public alley, the garage side.) I. Side Setback Minimum for SFD-33 will be 3’ and for SFDA-34 & SFDA-32 they will be 4’ per Table 2.0 below, a reduction of 2’ and respectively. J. Rear Setback, Average of 20’ is a minimum average, rear setback average can be more than 20’, larger rear yards are allowed, longer driveway from the alley are also allowed. K. Lot Coverage determined by setbacks per table footnote 9. L. Eaves may be less than 12 inches, or when 12 inches may project 12 inches into side setback. All other standards of Table 2.02C apply. ---PAGE BREAK--- 6 SFD-33, SFDA-34, SFDA-32, & RHA-18 PUD lots identified as SFD-33, SFDA-34, SFDA-32, & RHA-18 in phases of the proposed development in areas designated on the Comprehensive Plan Map as RMN will be developed to conform to the specifications in Table 2.02F, except as modified here by the PUD application or by a variance. Here is a list of the standards of this table proposed to be flexed for these Small lots and Row House lots as allowed in a PUD by Section 3.09 to accommodate a variety of uses: A. Lot Area Minimums – Reduced to minimum square feet area per Table 1.0 below B. Lot Width Minimums – Equal for interior and corner lots to “Lot Width Typical” per Table 2.0 below C. Lot Depth, Average is a minimum average, lot depth average can be more, respectively; small lot minimum average depth is the same as row house, 80’ D. Street Frontage Minimum for Row Houses – Row House minimum frontage is 18’, a 2’ reduction from the standard. E. Minimum Density – Minimum density in the PUD area will meet that minimum required for a PUD in Table 3.09A of the WDO. See table in Exhibit T for proposed PUD density and how it meets the PUD density requirements. No maximum density is listed in the code, yet maximum density in the Comprehensive Plan is not exceeded. F. [Side] Setback Abutting a Street Minimum – Reduced to 15’ per Table 2.0 below G. Front [Building] Setback Minimum – Equals 15’ per Table 2.0 below, while Front and Rear Garage Setback Minimum equals 20’ per Table 2.0 below. (For lots that only have frontage on a public alley the front setback is the short boundary of the lot adjacent to the common area tract, while the rear setback is adjacent to the public alley, the garage side.) H. Front Setback Maximum for a Row House to a Porch of 10’ is a “minimum,” not a maximum. Larger front yards are allowed. (For lots that only have frontage on a public alley the front setback is the short boundary of the lot adjacent to the common area tract, while the rear setback is adjacent to the public alley, the garage side.) I. Side Setback Minimum will be per Table 2.0 below. That will be just like in the RSN zone above, 3’ for SFD-33 small lots and 4’ for SFDA-34 & SFDA-32 lots. Side setbacks will be 5’ for exterior Row House units (non-common wall side), per Table 2.0 below for common wall sides per this code). J. Rear Setback Minimum – Equals 20’ for a small lots and to the garage from an alley per Table 2.0 below K. Lot Coverage Maximum for PUD Small lots and Row houses (SFD-33, SFD-34, SFD-32, and RHA-18) will be determined by setbacks per Table 2.0 below All other standards of Table 2.02F apply. ---PAGE BREAK--- 7 The lot identified in Phase 1B as multi-family meets the dimensional standards of the RMN code. It is envisioned as a potential future “Mixed-Use PUD” development site, and will be considered for development through a separate future application. As shown on the master plan a mix of multi-family residential, commercial and other special uses are envisioned in the concept plan and may be proposed for the site. Outright permitted non-housing uses, such as common RV Storage, may be proposed on the site, for example. The areas committed to residential use may vary. A rough number of 105 dwelling units is shown in this application as a place holder for reference purposes. The density of the future development of this lot will be determined at a later date as part of the future development application, and if approved as a mixed-use PUD will meet the density requirements of Table 3.09A. Specific conformance to standards of Table 2.02F, as they pertain to the multi-family lot, will be determined at the time of the future application. The Net Density of the lots outside the PUD boundary is calculated in a table by the applicant per the Section 1.02 Definitions for conformance with the code for those lots (see Exhibit Densities for these non-PUD lots are shown by use within a zone. It shows the net density for RS zoned lots in Phase 2C is 5.2 DU/Net Acre, which meets the minimum requirement of 5.2 for that zone per Table 2.02B. It also shows Standard lots (SFD-60) in the RSN zone have a density of 5.5 DU/Net Acre, which exceeds the minimum of 5.2 for that use. Small lots (SFDA-40) in the RSN zone have a density of 9.9 DU/Net Acre, which exceeds the code minimum requirement of 7.9 DU/Net Acre. The minimum density standard for PUD lots in the RSN and RMN zones listed in Tables 2.02C & F, respectively, do not apply in the PUD portion of the site. Applying PUD flexibility to the minimums is necessary to allow the open space required by the PUD. The PUD minimum density for residential developments is defined in Section 3.09.06.A and Table 3.09A (also see the table in Exhibit The minimum density for a PUD in Table 3.09A is met. The Comprehensive Plan (Page 6) Policy Table 1 calls for a minimum density of 5.2 units per net buildable acre for the RS zone, 7.9 units per net buildable acre for the RSN zone, and 10 units per net buildable acre for RMN zone. This table in the Comprehensive Plan uses a different definition for density than the definition for net density in the WDO. It focuses on buildable acres (see “Note” in table). The densities in each zone based on net buildable acres for the Smith Creek Development are calculated as 6.0 DU/Net Buildable Acre for the RS zone, 8.9 DU/Net Buildable Acre for the RSN zone and 17.1 DU/Net Buildable Acre for the RMN zone (see Exhibit These densities of the proposed project fall within the density ranges of the Comprehensive Plan. ---PAGE BREAK--- 8 For a complete summary of the lots and their standards proposed, see the Color Lot Type Map Exhibit C-4 and Typical Lot Exhibit C-5, Plats Exhibit C-7; Site Plans Exhibit C-8 and Table 1.0 & Table 2.0 below. *with variances, and existing dwellings accepted from setbacks from new right-of-way ^public street or alley TABLE 1.0 # OF LOTS LOT SUMMARY Standard lots* Small lots Row house PHASE SFD- RS SFD- 60 SFD- 45^ SFD- 40^ SFDA- 40 SFD- 33^* SFDA- 34^ SFDA- 32^ RHA- 18^ Existing Dwelling* MF Lots by Phase Phase 1A 0 37 24 39 4 32 8 6 0 1 (RMN) 0 151 Phase 1B 0 0 0 0 0 0 0 0 0 0 1 1 (RMN) Phase 2A 0 0 6 48 15 11 0 13 0 0 0 93 Phase 2B 0 13 0 0 15 0 14 15 0 0 0 57 Phase 2C 22 0 0 0 0 0 0 0 0 1 (RS) 0 23 Phase 3A 0 0 0 0 13 28 38 50 0 0 0 145 Phase 3B 0 45 0 0 0 0 0 0 0 0 0 45 Phase 4A 0 0 0 0 0 40 0 0 96 0 0 136 Phase 4B 0 66 0 0 0 0 0 0 0 0 0 66 Lots by Type 22 161 30 87 47 111 60 84 96 2 1 717 Lots Total Dwelling Units 22 161 30 87 47 111 60 84 96 2 ~105 821 D.U. Grand Total CORNER MIN (SF) 8,000 8,000 5,000 4,500 N/A 4,000 N/A 3,000 2,800 DU MIN (SF) 6,000 6,000 4,400 4,000 4,000 3,100 3,000 2,900 1,600 821 *with variances Lots ^PUD 717 Table 2.0 PROPOSED DIMENSIONS (MINIMUMS – FT) SFD- RS* SFD- 60 SFD- 45 SFD- 40 SFDA- 40 SFD- 33 SFDA- 34 SFDA- 32 RHA- 18 Front Porch Setback 10 10 10 10 10 10 10 10 10 Front Building Setback* 15 15 15 15 15 15 15 15 15 Front Garage Setback 20 20 20 20 n/a 20 n/a n/a n/a Interior Side Setback 5 5 5 5 5 3 4 4 0 or 5 Street Side Setback 20 20 15 15 15 15 15 15 15 Rear Building Setback 20 20 20 20 15 20 15 15 15 Rear Garage Setback n/a n/a n/a n/a 20 n/a* 20 20 20 ROW Frontage Minimum^ 40 50 40 35 30* 30 30^ 30^ 18^ Lot Width Typical 60 60 50 40 34 33 34 32 18 Lot Depth Minimum 90 90 90 90 90 85 85 85 85 ---PAGE BREAK--- 9 The modifications to this code by the Applicant through the PUD process are appropriate as the application proposes innovative and creative approaches to development of the land as allowed and encouraged by the PUD code Section 3.09. The lot sizes proposed are reasonable because lots of 4,000 square feet are allowed in a subdivision, and the overall average lot area for the project is over 4,000 square feet per lot. This fact emphasizes the appropriate scale of the proposed development’s lots. Instead of all lots in the development being the average size, or 4,000 square feet minimum in area, the applicant is proposing a mix of lot and dwelling sizes, including Standard lots, PUD Standard lots, Small lots, PUD Small lots, PUD Row house lots and a lot for a future multi-family site. Once creative approach the Applicant is applying to the PUD is to propose PUD Standard lots that are more efficient than “Standard” lots in the RSN zone. Since about 1/3 of the gross site area is set aside as common area, these PUD Standard lots are about 1/3 the typical size of a “Standard” lot, or larger. These lots are the lots identified as SFD-45, SFD-40 in this Application. These lots have dwellings at a similar scale, if smaller to be more efficient, to those in a Standard lot subdivision. They simply have less land. Instead the land is clustered in common areas to benefit the entire community. They still have front loading garages with direct vehicular access to the street and parking in the front setback like a Standard lot would have. The PUD Standard lots are lots for detached single-family dwellings with a minimum 20’ deep fenced rear yard like a Standard lot would have in a regular subdivision. The need for Standard lots is demonstrated in the Comprehensive Plan and is allowed in the Nodal area by the WDO. These PUD Standard lots allow housing types with front loaded garages. This PUD approach will provide more efficient Standard lots to the community in a form that is familiar to the average home buyer, who is comfortable with the concept of a garage served from the street and a private back yard, like in other communities of Woodburn. This approach creates a new use and variety in housing within this PUD. The SFD-33 lots are very similarly to the Small lots of the Nodal zone. These creative PUD small lot designs use the land more efficiently, too, as they are typically smaller than a Small lot would be in a subdivision, and instead place that land in a common area for the entire community. They also have a variance application attached to them to allow efficiency in public infrastructure and sensitivity to surrounding land uses as they are not served by an alley. They will provide the consumers (a.k.a. the prospective home buyer) with housing options at reasonable price points, yet with a similar function and feel of lifestyle home buyers are accustomed to. The PUD also proposes PUD small lots that are served by an alley (no variance) as these lots are not located where an alley would be in appropriate. Many of these lots are oriented to a common greenway and open space areas. This creative PUD approach offers extraordinary ---PAGE BREAK--- 10 land use and infrastructure efficiencies while offering a unique sense of place and community feel that is very attractive. The innovative PUD Small lots allow for dwelling types at larger in scale and quality, to a traditional attached townhouse, or row house dwelling development. These are detached single-family homes on Small lots (SFD-33, & SFDA-34, and SFDA-32). These designs are more responsive to current market demands for a detached dwelling than attached row house dwellings would be. A recent study by Metro showed that 80% of people prefer single-family detached housing, while only 7% prefer attached units1. With side yards residents can bring their tools from the garage to the garden via the side yard, instead of through the living room, which is required for internal townhouse units that have no side yard. This creative PUD Small lot approach to housing also allows for windows on all four sides of all dwellings creating better lit interiors, as opposed to windows only in the front and rear of an interior attached row house. The side setbacks of these small lots meet the minimum fire safety separation for buildings, and maximize the interior square footage of the building. These PUD Small lots mean a buyer who seeks it can get a single-family detached dwelling, instead of a row house, which the study referenced above says most buyers prefer. These lots create more privacy for the dwelling occupant, as opposed to a townhouse with a shared common wall, and eliminate the need for a burdensome common wall legal agreement typical of attached row housing with the zero lot lines. At the same time, the applicant proposes creative small lot Row houses (RHA-18) to meet the housing need for this dwelling type and price point. The proposed 112 row house lots are about 13.6% of the total 821 dwelling units in the development. This is higher than the 7% the market prefers, per the study referenced above The market need for dwellings with no yard, except the front small garden patch, and a common wall does exist and this proposed PUD approach to row house development will meet that need with row houses that have front yards that are proposed as larger than the underlying zone standard and that are surrounded by parks and green spaces that are connected by sidewalks and paths to trails and parks throughout the community. The Standard lots, PUD standard lots, Small lots, PUD Small lots and PUD Row house lots proposed present Woodburn home buyers with a range excellent entry points into home ownership. The Smith Creek development community also has larger Standard lots, which taken as a whole allow residents to move up and down the housing spectrum, if desired, to a larger home or into a smaller home, while staying in the community and keeping the social and community connections made while living in Woodburn. This approach achieves the goal of housing that provides Attainability, Balance, and Choice, a key aspect of the approach Stafford Development Company has taken to the Smith Creek Development. 1 Metro Preference Study (http://www.oregonmetro.gov/residential-preference-study) ---PAGE BREAK--- 18 2.06 Accessory Structures COMMENT: These standards will be met for proposed Accessory Structures. In particular, rear yard fences built on the development property adjacent to existing dwellings’ lot lines will be a maximum of seven feet as limited by this code, typically six feet cedar. Where in the PUD a lot has an interior side setback of 3’ or 4’ then the accessory structure may also have a 3’ or 4’ interior side setback. This flexibility to this development standard is requested under the provisions of Section 3.09 of the PUD code. 2.07 Special Uses Special Permitted Uses are allowed outright, but are subject to additional requirements designed to ensure their compatibility with, or mitigate their impact on, surrounding (usually residential) development. COMMENT: These standards will be met for proposed “Special Uses” that are allowed outright, including but not limited to subsections 2.07.03 and 2.07.04. ---PAGE BREAK--- 49 3.07 Architectural Design The purpose of this Section is to set forth the standards and guidelines relating to the architectural design of buildings in Woodburn. Design standards can promote aesthetically pleasing architecture, increase property values, visually integrate neighborhoods, and enhance the quiet enjoyment of private property. COMMENT: The proposed houses will be compatible with the existing houses in the area in compliance with the above purpose of Architectural Design. A wide variety of houses are proposed in compliance with need for affordability as identified in the Woodburn Comprehensive Plan and the purpose of the Nodal Zone. 3.07.01 Applicability of Architectural Design Standards and Guidelines A. For a Type I review, the criteria of this Section shall be read as “shall” and shall be applied as standards. For a Type II or III review, the criteria of this Section shall be read as “should” and shall be applied as guidelines. COMMENT: The PUD and regular Subdivision proposed here will not be reviewed as a Type I application. Therefore, the Architectural Design Standards will be applied as guidelines, but not a requirement, and not read as “shall.”. The “Example Home Plans and Elevations” set forth in Exhibit D and the “Architectural Renderings” set forth at Exhibit E show that the theme for design in the proposed development meets the purpose of this section and achieves the goals of these guidelines. The Architectural Design Standards are thereby met. 3.07.02 Single-Family Dwellings, Duplexes and Manufactured Dwellings on Individual Lots in Pre-existing Developments A. Applicability This Section shall apply to all new single-family dwellings, duplexes and manufactured dwellings on individual lots in subdivisions and Planned Unit Developments, approved on or before August 12, 2013 and in partitions. COMMENT: This section is not applicable as the proposal was not approved on or before the above date and is not a partition. ---PAGE BREAK--- 50 3.07.03 Single-Family Dwellings, Duplexes and Manufactured Dwellings on Individual Lots in New Developments A. This Section shall apply to all new single-family dwellings, duplexes and manufactured dwellings on individual lots in subdivisions and Planned Unit Developments approved after [the date of adoption of this Section]. B. Plain concrete, corrugated metal, plywood, T-111, oriented strand board (OSB), and sheet press board shall not be used as exterior finish material. C. Dwellings shall have at least nine of the following design features: 1. Site-built dwellings shall have a minimum roof pitch of 4:12. Manufactured dwellings shall have a minimum roof pitch of 3:12. 2. Roofing material shall be composition shingles, clay or concrete tile, metal, cedar shingles or shakes. Composition shingles shall be architectural style, with a certified performance of at least 25 years. 3. Eaves of a dwelling unit or garage shall provide a minimum 12 inch projection. 4. The exterior finish shall have the appearance of either horizontal lap siding, shakes, shingles, stone, brick or stucco. Where horizontal lap siding is used, it shall appear to have a reveal of 3 to 8 inches. 5. The facade containing the vehicular entrance for a garage shall face away from the street frontage of the main pedestrian entry of the dwelling, at an angle of at least 90 degrees. 6. The facade containing the vehicular entrance for an attached garage shall comprise less than half the lateral dimension of the total facade facing a street, or shall comprise no more than 65 percent of the area, including second stories, dormers, and eyebrows, of the total facade of the structure facing the street. 7. The facade containing the vehicular entrance for a detached garage shall be set back at least 20 feet from the facade of the dwelling containing the main pedestrian entrance, and with the area of the facade of the garage no greater than that of the dwelling. 8. The main entrance to each dwelling shall have either: a. A covered porch at least 48 square feet in area, with the minimum dimension of six feet on at least one side; or b. A recessed entry at least 24 square feet in area, with the minimum dimension of four feet on at least one side. 9. At least 15 percent of the facade wall surface of a dwelling unit facing a front lot line shall be windows, excluding roofs and non-habitable wall area under the end of a roof, and excluding the garage facade. 10. The front of the dwelling shall contain an articulated roof line incorporating more than one pitch or elevation of the ridge line that is visible in the front elevation, excluding a porch. 11. The front of the dwelling shall contain a gable, dormer, eyebrow, off-set roof line or other vertical, architectural extension of the building, at least 36 inches above the eave. 12. The front of the dwelling shall contain a horizontal offset of at least 36 inches in depth and ten feet in length, excluding a recessed pedestrian entrance, porch, or garage that projects in front of the dwelling. D. Single-family dwellings, duplexes, and manufactured dwellings shall have a garage. ---PAGE BREAK--- 51 COMMENT: As stated in applicability section 3.07.01 above, the word “shall” in this Section 3.07 shall be read as “should” and applied as a guideline. Therefore, these above listed guidelines of subsection 3.07.03 are applicable to this new development and have been used by the Applicant in selection of the “Example Plans and Elevations” shown in Exhibit D, and will be used as guidelines for the home builder upon submittal of home building plans at the time of building permit application for lots within the PUD and without. Many of these guidelines are met with the example plans provided, however the home builder is not required to meet this code section exactly, they are simply a guide to home designs. For example, the materials listed in subsection B above are not anticipated to be used. Within the Smith Creek development façades will generally be similar to the proposed elevations in Exhibit D and follow the guidelines for the most part as described below: 1. Site built dwellings are expected to have a roof pitch meeting this standard but may have a different pitch to stay below building height maximums. 2. Roof materials will likely meet this standard. 3. Eaves may be less than 12 inches on side yards. 10 inches or less is more likely along side setbacks, as another portion of the City’s codes prefers projections not exceed 10 inches into a side setback. However, where eves are 12 inches the applicant requests the flexibility to project more than 10 inches into the side setback. Eaves to the rear and front may be more or less than 12 inches. 4. Exterior finishes will likely use many of these types of appearances for siding. 5. The garage for alley dwellings will be opposite the main entrance by 180 degrees, but many dwellings will have the garage on the same face of the building as the main entry. 6. The façade containing the garage in many cases will be more than 50% of the width of the dwellings because many dwellings are less than 40 feet wide, and a two car garage façade is often 20 feet wide to accommodate an appropriate sized garage door and panels on each side to support it. This would make the garage façade more than 50% of the width of those dwellings. Furthermore, because some small and some large lots will have less façade overall, the garage façade may frequently exceed the 65% rule. These issues are true for the PUD lots and on the Standard lots outside the PUD. Lots within the PUD have narrower facades, so even if the upper story is included the garage façade may be more than 65%. Large Standard lots that are proposed with a single story home will have very little façade. Two story homes on large lots may be able to keep the garage façade to 65%, but not always as some façades may have roofs that shed to the front with only dormers for the upper story, resulting in very little front facade. The intent is that the garage is not the dominant feature of the home design and this can be accomplished in many ways in this project under this guideline without restricting flexibility of home type and design approach, particularly when building single story homes. ---PAGE BREAK--- 52 7. Where a lot may have a detached garage the garage façade area will be no greater than the main dwelling. The detached garage can be setback from the façade with the main dwelling entrance, but if the entrance is already setback 20 feet from the right-of-way, for example, then setting the garage back another 20 feet would create a 40 feet long driveway, which is not ideal or very functional. Therefore, following this guideline would not be appropriate. The setback of a detached garage from the main dwelling will be five or more feet from the façade of the main dwelling entrance and a minimum of 20 feet from the right-of-way achieving the intent of this guideline that the detached garage appears secondary to the main dwelling. 8. Most dwellings will have either a recessed entry or covered porch. 9. The dwellings will attempt to meet the 15% guideline, but may not achieve it on all dwellings. 10. Not all dwellings will include an articulated roof line, but many will. 11. Not all dwellings will include vertical architectural extensions above the eave, but many will. 12. Not all dwellings will have a horizontal offset, but many will. Many will have that offset in the form of a garage or entrance/porch offset. All single family dwellings are proposed with a garage. 3.08 Partitions and Subdivisions 3.08.01 Requirements All partitions and subdivisions shall comply with the standards of ORS Chapter 92 and the Woodburn Development Ordinance. COMMENTS: This application meets the provisions of this section. See also Section 5 below. ---PAGE BREAK--- 63 common/zero lot line. The standard 20 feet deep driveway parking space pad in front of a vehicle parking space in a garage in a row house dwelling unit will be only 9 feet wide each. If the row house has a two-car garage, two pads of a total of 18 feet in width can be accommodated for each unit. This is only one foot less than the standard of 10 feet wide per driveway parking pad. The site overall has a lot area average of 4,336 square feet. This is 336 square feet greater than the minimum lot size for a small lot in the underlying zone. This is significant because instead of developing a subdivision of all 4,000 square feet lots meeting the underlying zoning standards, the Smith Creek development is providing a variety of PUD lots, regular small lots, large standard lots, and a multi-family lot to meet the community need for a mix of housing forms and lot sizes. ARCHITECTURAL THEMES The lots and setbacks of the proposed PUD create building envelopes that are designed to accommodate the homes presented in Exhibit D. There is an array of building envelope widths: 18, 24, 26, 27, 30, & 35 feet, all typical of Row House and Single-Family Detached development. Building envelop depths vary. With lot depths from around 90-100 feet and setbacks of about 35 feet total (20+15) minimum, building envelope depths do not typically exceed 70 feet. In many cases they will be less than 60 feet allowing for ample private rear yard space on all non-alley loaded lots, and reasonable private front yard space adjacent to a street or common area tract in the case of alley loaded garage dwellings. The architectural theme of the proposed development could be referred to as “Modern American Cottage” style housing. Facades for adjacent lots and the three lots across the street will vary (row house lots excepted). The elevations presented are intended for use as examples to create a common theme without unnecessary conformity. The pattern will avoid cookie cutter housing, and allow for a streetscape with texture to the building front with varied setbacks between the garage door, building front, and porches. Any additional plans that may be used will be substantially conforming to this theme represented in Exhibit D. The result will be a community with a sense of place and identity. LANDSCAPING AND BUFFERING The PUD has a tract of land either side of proposed Eaden Street on its southern border adjacent to Parr Road, with the larger of the two known as Blazek Park. These tracts will be owned and maintained by the homeowner’s association and will contain a fence as well as landscaping to buffer the adjacent PUD from the Service Collector street. Where small lots are adjacent to the mobile home community to the SE, known as Parr Acres Mobile Home Park, there are rear building setbacks of 20 feet that are standard in the ---PAGE BREAK--- 54 Table 3.0 Key to Flexibility in Development Standards Requested by the PUD # Code Section Synopsis of Request 1 2.02 Residential Zones Departure from Development Standards in Table 2.02C and Table 2.02E replaced by standards outline in the Application. 2 3.01 Streets Unique PUD sections are requested for specific streets and segments of streets as outlined, including a segment crossing a drainage. Unique PUD sections are also requested for a cul-de-sac and sections for public alleys. where shown on the site plans (also approval of the "knuckle" designs). 12 feet wide combined sidewalk and off-street path where path is adjacent to public streets. Longer block spacing and mid-block pathways, particularly adjacent to drainage in the PUD. 3 3.03.06 B Vision Clearance Area Alternative vision clearance area measured 30 feet from intersecting point at face of curb extended on intersecting public streets, except intersections with Parr Road, which would follow the existing standards. 4 3.04 Vehicular Access Granting of Vehicular Access Permit to lots with one driveway per lot as shown on the Exhibits and to the Alleys and Local or Access street, as shown. Corner Clearance shall be 15 feet. 7 3.05 Off-Street Parking and Loading Bonus off-street parking, beyond what is required on and to serve each lot, is proposed in private tracts adjacent to public alleys. The parking spaces will have no setback from the property line with the alley, rather they will function as perpendicular parking off the alley in some areas using the alley as the maneuvering space. This bonus parking will function much like the spaces in front of the alley loaded garages on the lots, which are also not setback from the alley and are perpendicular to the alley using the alley for maneuvering. 8 3.06.03 B Landscaping Standards Departure from Landscaping Standards of Table 3.06A to allow grass, shrubs and trees in common areas to be shown on site-construction plans. For more details see comments to each code section. ---PAGE BREAK--- 59 EXISTING CONDITIONS The site is particularly flat. The acreage is being farmed, mostly for grass seed. The site does feature a drainage channel. This drainage is an unnamed tributary of Mill Creek. The drainage is often referred to here as Smith Creek. It is not a significant wetland on the City maps. Parts of it are identified on the local wetland inventory map. The drainage is considered an intermittent stream. It is mostly outside of the FEMA 100-year floodplain, except a portion in the east end around the adjacent City Property. It flows east through the City’s adjacent property known as Tax Lot 4100 and under Settlemier Ave to Mill Creek. Because the property has been farmed, tree canopy is sparse. A couple trees are located on the east end of the site near the area where there are dwellings to remain. There are some additional trees and associated landscaping located around two existing dwellings on Stubb Road on the west side There is a large significant tree and a well on the north side of the drainage near the east end of the site. There is an underground storm drainage pipe in an easement from Woodburn Senior Estates in the center of the site. There are minimal easements along the frontage of the site with existing public right of way, notably on Parr Road. There is an existing public road crossing of the drainage adjacent to the site at Stubb Road, a public gravel road under Marion County jurisdiction. Most of Parr Road on the south boundary is also in County jurisdiction. Parr Road is improved with roadway pavement, but only has curb along some of the frontage. Ben Brown Lane, a City right-of-way, is partially improved and stubbed to the east end of the site. See also the Existing Conditions Plan Exhibit C-2, and the Aerial Overlay Exhibit C-3. GENERAL DEVELOPMENT AREAS The proposed PUD has two general areas. The first area of the PUD is along Ben Brown Lane’s proposed extension west to Harvard Drive that includes area north of the adjacent mobile home park to the SE and the area in the NW south of the existing Montebello subdivision. It includes several housing types adjacent to significant open space along the drainage. It functions as a connector between the surrounding areas to the southeast and northwest. It is the heart of the PUD. It includes the bulk of the parks, ball fields, playgrounds, a club house, and extension of the path east to Settlemier through the City property. The second area of the PUD is to the SW and extends along Stubb Road and Parr Road. It includes a full range of small lot types. It adds additional common area features, including the open space along the drainage and extension of the path west. It connects the community directly via proposed Eaden Street to Centennial Park to the South. Its open spaces along the south boundary act as the front façade to the development, and will include monumentation, landscaping, fencing and a widened sidewalk/off-street path. PHASING The proposed Smith Creek development will be achieved in nine phases, six of which include area of the PUD, as shown on the attached proposed Phasing Plan, Exhibit C-6. These phases will occur after the completion of property line adjustments and a partition (see County Approvals Exhibit R) to create lot lines that are contiguous with phase lines. The plan is to develop the site over the next five to eight years, as follows: ---PAGE BREAK--- 60 • Phase 1A will develop first completing the extension of the TSP Access Street, Ben Brown Lane, from its current terminus west to Harvard Drive. It will create a greenway path connection from Settlemier to Ben Brown Lane. • Phase 1B will develop after Phase 1A, creating a connection to Parr Road via proposed Kirksey Street [even if a proposed future Mixed-use PUD application is not processed for the multi-family lot immediately]. • Phase 2A may develop after the Phase 1A and creates significant common area amenities and provides various housing types to the community. • Phase 2B may also develop following the Phase 1A, independent of Phase 2A, and will have two remnant acreage lots on the plat for future development as the North Phase 3B and East Phase 4B. It will develop storm water management capacity in its open space in advance of future development to serve the later phases of development to the north/east. • Phase 2C may also develop following the first phases independent of Phase 2A or 2B. [Actually, it could develop prior to Phase 1A, if it first improves its frontage, the sanitary sewer from City Tax Lot 4100, storm infrastructure in Tract P and Mattson Way of Phase1A.] Developed as a secondary phase, its frontage along Ben Brown Lane and storm water management needs will be constructed in advance as part of Phase 1A. • Phase 3A can develop after development of Phase 2A. It will complete the extension of Stubb Road from Ben Brown Lane south to Parr Road with a boundary street, and the extension internally of proposed Killian Spring Parkway west to Stubb Road. • Phase 4A can develop after Phase 3A. It will include significant landscaping along the frontage of Parr Road, completion of the greenway path west from Ben Brown Lane to Stubb Road and make the connection to Parr Road at Eaden Street. • Phase 3B will develop after Phase 2B, however it is fully outside the PUD area. • Phase 4B will develop after Phase 3B, however it is fully outside the PUD area. LAND USES & BUILDING ENVELOPES Lots in the above referenced subdivision phases located in the PUD area will have varied development standards and uses as listed in more detail in the Applicant’s responses to the code. Specific proposed PUD lot standards can be found above in the Applicant’s responses above to Section 2.02. The residential lots proposed for development in the PUD area include five types. The type name includes a number which is the typical width of the lot, where some lots are wider than the typical width. The following is a description of each PUD lot type and the abbreviation or code used in this application to identify that type of use or lot. Single Family Detached – 45 feet wide typical (SFD-45) Single Family Detached – 40 feet wide typical (SFD-40) Single Family Detached – 33 feet wide typical (SFD-33) Single Family Detached Alley– 34 feet wide typical (SFDA-34) Single Family Detached Alley– 32 feet wide typical (SFDA-32) Row House Alley – 18 feet wide typical (RHA-18) ---PAGE BREAK--- STAFFORD SECTIONS, 8/24/2018 5:37:04 PM EXHIBIT C-11A Attachment 103C-11 / Exhibit C-11 series ---PAGE BREAK--- STAFFORD DETAILS, 6/21/2018 4:40:03 AM EXHIBIT C-11B ---PAGE BREAK--- STAFFORD STREET KEY, 8/31/2018 3:46:39 PM EXHIBIT C-11C ---PAGE BREAK--- STAFFORD zoning, 9/5/2018 1:48:09 PM EXHIBIT C-14 ---PAGE BREAK--- COLOR PUE, 9/5/2018 12:23:59 PM EXHIBIT C-4 ---PAGE BREAK--- SFD-RF, 3/28/2018 4:52:20 PM EXHIBIT C-5a Attachment 103C-5 / Exhibit C-5 series ---PAGE BREAK--- SFD-60, 3/27/2018 5:09:35 AM EXHIBIT C-5b ---PAGE BREAK--- SFDA-32, 3/27/2018 5:41:44 AM EXHIBIT C-5c ---PAGE BREAK--- SFD-45_40, 3/27/2018 10:21:25 AM EXHIBIT C-5d ---PAGE BREAK--- SFD-33, 3/27/2018 10:25:14 AM EXHIBIT C-5e ---PAGE BREAK--- SFDA-32, 3/28/2018 4:49:20 PM EXHIBIT C-5f ---PAGE BREAK--- SFDA-32, 3/27/2018 10:08:40 AM EXHIBIT C-5g ---PAGE BREAK--- STAFFORD AREA A, 5/24/2018 5:15:16 AM EXHIBIT C-8A-1 Attachment 103C-8 / Exhibit C-8 series ---PAGE BREAK--- STAFFORD AREA B, 5/24/2018 5:30:33 AM EXHIBIT C-8A-2 ---PAGE BREAK--- STAFFORD AREA C, 5/24/2018 5:38:31 AM EXHIBIT C-8A-3 ---PAGE BREAK--- STAFFORD 1B, 9/4/2018 2:09:55 PM EXHIBIT C-8A-4 ---PAGE BREAK--- STAFFORD PH 2A-A, 5/29/2018 10:16:47 AM EXHIBIT C-8B-5 ---PAGE BREAK--- STAFFORD PH 2A-B, 5/25/2018 6:10:19 AM EXHIBIT C-8B-6 ---PAGE BREAK--- STAFFORD 2ND EAST A, 5/29/2018 10:33:47 AM EXHIBIT C-8B-7 ---PAGE BREAK--- STAFFORD 2C, 5/29/2018 8:19:11 AM EXHIBIT C-8B-8 ---PAGE BREAK--- STAFFORD 3A_B, 6/21/2018 4:23:20 AM EXHIBIT C-8C-10 ---PAGE BREAK--- STAFFORD 3B, 5/25/2018 10:27:42 AM EXHIBIT C-8C-11 ---PAGE BREAK--- STAFFORD 3A_A, 5/29/2018 10:53:44 AM EXHIBIT C-8C-9 ---PAGE BREAK--- STAFFORD 4A, 5/29/2018 10:48:03 AM EXHIBIT C-8D-12 ---PAGE BREAK--- STAFFORD 4B, 5/29/2018 8:57:58 AM EXHIBIT C-8D-13 ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- Hayes-KSP, 9/5/2018 2:29:34 PM EXHIBIT P ---PAGE BREAK--- CITY OS, 8/31/2018 11:56:04 AM EXHIBIT Y - 1 Attachment 103-Y-1 / Exhibit Y-1 ---PAGE BREAK--- ADDITION SMITH'S WAY WORKM SMITH DR ER AVENUE SMITH DRIVE Mc ADDITION SMITH'S WAY WORKM SMITH DR ER AVENUE SMITH DRIVE Mc BEN BROWN LANE OSTROM DRIVE MATTSON WAY DRIVE LLUM LANE SMITH DRIVE BISHOPICK WAY OSTROM WAY SMITH DRIVE SMITH DRIVE 87 75 92 21 19 20 62 63 4 61 3 60 5 1 64 66 65 10 6 11 7 2 12 15 17 54 14 16 8 57 55 56 105 103 101 104 102 99 98 100 95 96 94 97 93 81 80 79 91 78 76 77 88 90 89 69 71 70 72 74 73 22 23 17 18 21 20 19 14 16 15 13 3 1 12 2 5 4 11 9 10 8 6 7 TR. TRACT TRACT TRACT TRACT TRACT 9 8 13 PHASE 2C SMITH CREEK TAX MAP 52W13 -TL 100 TAX MAP 52W13BD -TL 100 & 200 TAX MAP 51W18BC - TL 4000 WOODBURN, OREGON XXX-XXX PROJECT NAME PRELIMINARY N STAFFORD DEVELOPMENT COMPANY LLC EAST OFFSITE AREA COMPOSITE UTILITY PLAN 1 1 The earthwork on TL 4100 shown in this drawing results in 5,000 CY. Export EXHIBIT Y-2 Applicant’s Exhibits Appended to Final Order Exhibit A for Context to Administer Conditions P. 68 of 68