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Land Use Final Decision Planning Commission File number(s): PUD 22-01 & SUB 22-01 Project name: Mill Creek Meadows Date of decision: November 10, 2022 Applicant: Mark Handris, Owner, Woodburn Development, LLC, 1969 Willamette Falls Dr, Ste 260, West Linn, OR 97068-4695 Landowner: Woodburn Development, LLC c/o Icon Construction & Development, LLC, 1969 Willamette Falls Dr, Ste 260, West Linn, OR 97068-4695 Site location: 1490, 1550, & 1636 Brown St; Tax Lots 051W18C000600 [primary] & 800 and 051W19B000200 (mostly east side of Brown St south of Vine Ave) Summary: The Planning Commission on November 10, 2022 held a public hearing and unanimously approved the consolidated applications package (Type III) with the conditions recommended by staff through the staff report published November 3. The request is for preliminary subdivision and planned unit development (PUD) to develop three demolished rural homesteads into 95 dwellings as 66 houses and 29 townhouses on small lots with two tracts of a few acres of public land dedicated to the City with Mill Creek Greenway Trail and drainage way and other utility improvements, two common area tracts – a stormwater detention pond and a private alley – owned and maintained by a homeowners association (HOA), and four street stubs to the east and south. The subject property is approximately 18.04 acres. The development includes E. Traverse Road as a segment of the south region east-west crosstown “South Arterial” planned between OR 99E / N. Pacific Highway and Parr Road per City Transportation System Plan (TSP) Table 2 Project R29 and Figures 2 & 3. At “Minor Arterial” class per Table 2 and WDO Figure 3.01C, the segment aligns with an improved half-street segment of the South Arterial that forms the south boundary of the Boones Crossing development (west of Mill Creek Meadows and one block of Spring Boulevard) and sited and constructed based on the alignment per the previous TSP that was in effect since 2005 and that the 2019 TSP succeeded. The subject property is in the Residential Single Family (RS) zoning district. No parties testified (besides the applicant). Section references are to the Woodburn Development Ordinance (WDO). ---PAGE BREAK--- PUD 22-01 Mill Creek Meadows – Commission Final Decision - Page 2 of 20 Conditions of Approval: General G1. As part of building permit application, the applicant shall submit revised site plans meeting the conditions of approval and obtain Planning Division approval through sign-off on permit issuance. G2. The applicant or successors and assigns shall develop the property in substantial conformance with the final plans submitted and approved with these applications, except as modified by these conditions of approval. Were the applicant to revise plans other than to meet conditions of approval or meet building code, even if Planning Division staff does not notice and signs off on building permit issuance, Division staff retains the right to obtain restoration of improvements as shown on an earlier land use review plan set in service of substantial conformance. G3. References: Attachment 201 serves as a dictionary or glossary defining certain abbreviations, acronyms, phrases, terms, and words in the context of the conditions of approval. The 200 series of attachments are as binding as the conditions of approval in the main body of the final decision. G4. Due dates / public improvements: a. When public street improvements, and any fees in lieu of public improvements, are due shall be per Attachment 205B, Parts A & B unless if and where a condition of approval has more restrictive timing. By this condition, there is more restrictive timing: In any case, they are due no later than by Building Division issuance of certificate of occupancy (C of O) for the first of any of dwellings, regardless of deferral, if any, that PW might have approved through Attachment 205B, Part A, subsection E. b. Where phasing is relevant, building permit issuance means issuance for the phase in which the conditioned improvement is located. c. Where changes to street addresses are necessary, the developer shall apply through the Planning Division for and obtain approval of an Address Assignment Request. This is due prior to building permit application, and if and where land division is relevant, then also after recordation with County. G5. Recordation due dates: The applicant shall apply to the County for recordations of items that the City requires no later than 6 months prior to expiration of the land use approval as WDO 4.02.04B establishes and per Attachment 205 B, Part C, and shall complete recordations no later than three years past the land use “final decision” date. The due date to complete recordations shall not supersede when recordations are due relative to the building permit stage. G6. Administration: a. Conformance: That a land use approval does not reiterate any and each particular detail, provision, requirement, rule, spec, or standard from any of the WDO, other ordinances, resolutions, public works construction code, or department policies does not exempt development from conformance with them. b. Copies: The developer, including any succeeding contract purchasers such as homebuilders, shall provide copies of documentation that a City staff person requests regardless if the documentation source is another City staff person or department. c. Fees: The developer shall pay fees per Attachment 206. ---PAGE BREAK--- PUD 22-01 Mill Creek Meadows – Commission Final Decision - Page 3 of 20 Preliminary Subdivision 22-01 SUB-1. Expiration: Based on ORS 92.040(3), development per the Commission land use final decision may continue past the 3-year approval period being established by WDO 4.02.04, as follows: a. Street names: The preliminary subdivision proposed street names are acceptable for platting. The developer shall name A & S-V streets beginning with those letters respectively. b. Tracts: The developer shall revise to swap designations of Tracts A & B before final plat. c. Subdivision Final Plat: The developer shall apply to the City for final plat prior to applying to Marion County for recordation and shall complete final plat recordation by the land use expiration date per WDO 4.02.04B.2. d. Orientation: Unless otherwise directed by County surveyor staff, if and where site plans are drawn other than up-is-north, north shall be to the right, and text that runs easterly-westerly (up and down), including of street names, tract letters, and lot numbers, shall be oriented to read south to north or west to east and consistently across plan sets and sheets. Site plan sheet 24 by 36 inches Orient text Orient text e. Recordation with County: Same as Attachment 205B, Part D (within 30 calendar days of the Director’s signature on the plat Mylar). f. Vesting: The decision is vested unless: The developer fails to meet subdivision and PUD requirements, resulting in the City being unable to authorize staff to sign a final plat Mylar by July 1, 2027; or There is no substantial construction as Attachment 205B, Part E defines by July 1, 2030. SUB-2. Stormwater management facilities / detention ponds: Any stormwater management facilities / detention ponds outside ROW shall be within a common area tract that remains privately owned and maintained by an association. SUB-3. Documents: Prior to a City official signing the final plat Mylar: a. Geotech report: The developer shall submit to the Director a geotechnical report documenting that, whether or not the developer spreads any fill or spoil dirt across lots and tracts, soil is compacted and ready to accommodate the construction of buildings on lots and tracts proposed for development. b. Plat: Per Attachment 205B, Part F, upon recordation, the developer shall submit to PW and cc the Director electronic copies (Adobe PDFs) of the plat and easement(s), as well as, where relevant, ancillary documents necessary to conform to conditions of approval and not already addressed on the face of the plat. ---PAGE BREAK--- PUD 22-01 Mill Creek Meadows – Commission Final Decision - Page 4 of 20 Planned Unit Development 22-01 PUD-PW1. Sanitary sewer: a. Pursuant to the “South Brown Pump Station Drainage Basin Map & Plan” document prepared by the developer as part of the adjacent construction to the west of Boones Crossing subdivision and development, Phases IV & V, and submitted to Public Works, the developer shall construct and extend all identified sanitary sewer trunk lines shown on the subject plans that are located within the subject development (Mill Creek Meadows). The City acknowledges that dwellings within Mill Creek Meadows would not connect to these trunk lines and, therefore, construction of such lines would not be necessary to serve the subject development. b. Depths: All sanitary sewer lines shall be constructed at appropriate depths to ensure reasonable connections can be made to serve future regional development to the east and southwest of the subject development. c. SDC: The sanitary sewer trunk line(s) identified in paragraph above are considered “qualified public improvements” pursuant to City of Woodburn Ordinance No. 2070 (1991). Therefore, the developer shall be allowed to apply for sewer system development charge (SDC) credit as provided in said ordinance. The amount of developer’s credit for contributions of the qualified public improvements shall be determined pursuant to said ordinance, Section 3(F). The City shall in good faith review a sewer SDC credit application from the developer, and the City shall grant such request up to the full amount of the sewer SDC owed, provided that the request complies with City procedures and applicable state or local substantive approval criteria. d. Where the cost of trunk lines identified in paragraph above, exceeds the amount of available sewer SDC credit for Mill Creek Meadows, the City agrees to negotiate a development agreement with the developer to provide public funds or other value to offset such deficiency. Such compensation may, subject to agreement between the City and developer, provision of future reimbursement credit pursuant to Ordinance No. 2070, Section a direct financial contribution from the City, or other agreed value. The parties shall in good faith negotiate the development agreement and, to the extent required by City ordinances, be forwarded by the City Administrator to the City Council for approval. PUD-PW2. Stormwater management: Prior to civil engineering plan approval through CEP review, the applicant shall provide to PW an Engineer Stamped Storm Drainage Hydraulic Analysis Report that existing storm drainage systems have capacity to handle the additional flow from the subject development (Mill Creek Meadows), have the Mill Creek culvert pipe under Marshall St (in the block between Stark & E. Cleveland Sts) have capacity to handle a 100-year base flood, and to provide final 100-year floodway, floodplain, and wetland delineation for this development. The applicant is responsible for correcting any capacity and/or deficiencies, including installing new or additional drainage systems. The applicant shall submit to PW an engineered stamped condition report of the existing storm collection system. ---PAGE BREAK--- PUD 22-01 Mill Creek Meadows – Commission Final Decision - Page 5 of 20 PUD-PW3. Final Civil Plan Approval: Civil plans shall comply with current City standards, specifications and details, current Oregon Standard Specifications for Construction, current MUTCD and ADA requirements and Marion County requirements, as applicable. PUD-1. Mods: The City approves PUD modifications only as written in conditions of approval and the 200 series of attachments, particularly Attachment 202. Other modifications that site plans imply are subject to later administrative approval or denial by the Director. PUD-2. ROWs & streetside PUEs: The developer shall dedicate: a. Dedicate ROWs: Traverse: For this segment of the TSP Project R29 “South Arterial” (TSP p. 33), min 78 ft ROW as proposed and modified by PUD from WDO Fig. 3.01C; Brown: ROW that meets or exceeds the min width necessary to conform to WDO Fig. 3.01D “Service Collector”, that is, min 72 ft, which is equal to 36 ft measured from centerline; and Local class streets: ROWs that meet or exceed the min widths necessary to conform to WDO Fig. 3.01G, modified by PUD such that local class streets may be min width 50 ft of ROW instead of 60 ft. b. Grant streetside PUEs per Attachment 205B, Part G, subsections B & F, except that streetside PUEs on City/public tracts are exempt from max width. PUD-3. Frontage/street improvements: These shall be as follows: a. Traverse: Based on TSP Project R29 “South Arterial” (TSP p. 33), per WDO Fig. 3.01C, modified as follows and by condition parts farther below including f(3) & regarding planter strips and sidewalks. Median: Initial specifications: Location: Within the block between Brown and Aspen (500 block). Basic mins: Curbed, width min 8 ft and max 10 ft between backs of curbs, and min area within curbing of 600 sq ft w/ min 4 trees o.c. spacing average of 30 ft. (Min width not applicable to end tapers that transition to left turn lanes.) Extent/length: For each additional increment of median that is at least 30 ft long, it shall have min 150 sq ft of landscaping min 8 ft wide with min 1 tree. Pavement: If each 150 sq ft of landscaping around each tree is min 8 ft wide, the remaining area within the median, if any, may be surfaced with other than landscaping and per PW specs; however, cobbles, gravel, pebbles, and rocks remain prohibited within 1 ft of backs of curbs. ---PAGE BREAK--- PUD 22-01 Mill Creek Meadows – Commission Final Decision - Page 6 of 20 Additional specifications: Per PW during CEP. For street landscaping, Attachment 205B Part H is applicable, and the developer is prohibited from fee in lieu of median trees. Landscape or planter strips shall have area remaining after street tree plantings landscaped with lawn grass or, if the Public Works Director in writing allows, a species of groundcover. Cobblestones, gravel, pebbles, and rocks are prohibited. Bark dust, mulch, or wood chips are permissible only within the immediate vicinity of a street tree trunk. The developer shall install landscape strip irrigation, and shall provide temporary irrigation during construction, per the public works construction code. SDC: The developer may apply for system development charge (SDC) credit pursuant to SDC ordinances and resolutions in effect at the time of credit application. b. Brown: Per WDO Figures 3.01A & D, modified by Condition PUD-3f and as follows: Bridge / crossing of culvert: Shall conform to Attachment 205B, Part J. Electric power line burial/undergrounding: The developer shall: Bury electric power lines and remove poles along Brown west side between the north boundary of the subject property and the south side of Spring ROW. Per Attachment 205B, Part K, subsection B.1b, burial shall be required regardless of the net number of electric power poles. Pay a fee in-lieu of burial of the segment of lines where they cross Brown NE/SW in line with the north boundary of the subject property to the first pole on the west side per Attachment 206. Transition: The east sidewalk north dead-end shall have an ADA-compliant transition spanning between sidewalk and cartway. Remaining specs are per PW. Planter strips and sidewalks: Per condition parts f(3) & below. c. Local class streets: Based on WDO Fig. 3.01G as modified by Condition PUD-3f below and as follows: Width face of curb (FOC) to FOC: Each min 27 ft if two-way traffic or 18 ft if one-way. Parking lane(s): Where there is a parking lane or lanes, each lane min width 7 ft. Each street of ROW fewer than 60 ft shall have min one parking lane. Planter strips and sidewalks: Per condition parts f(3) & below. Aspen: The developer shall extend Aspen ROW and its improvements from Vail to the easterly south line of the subject property, with specific requirements of min width 46 ft of ROW, min pavement width between faces of curb of 20 ft, and planter strips and sidewalks min widths per condition parts f(3) & below. d. Electric power line burial/undergrounding (other than Brown west side): Per Attachment 205B, Part K. e. Street trees: Per Attachment 205B, Part H (1:30) and subsection Table H2. ---PAGE BREAK--- PUD 22-01 Mill Creek Meadows – Commission Final Decision - Page 7 of 20 f. Modifications: Crosswalks / pedestrian crossings along intersection legs per Exhibit PUD-3f(1) shall be patterned poured concrete each min 8 ft wide. Exhibit PUD-3f(1): Patterned Poured Concrete Crosswalks (symbolized in purple) Traffic calming: Bulb of street bend: The paved area outside the cartway outer radius, which Exhibit PUD-3f(2) illustrates, shall be patterned poured concrete. Exhibit PUD-3f(2) Patterned poured concrete beyond the blue line within street bend bulb Landscape strips: Min width 6 ft and in some locations 7.5 ft, exc. curb width, per Exhibit PUD-3f(3) below. ---PAGE BREAK--- PUD 22-01 Mill Creek Meadows – Commission Final Decision - Page 8 of 20 Exhibit PUD-3f(3): Landscape strips (green: min 7.5 ft wide exc. curb width) Sidewalks: Min width 6 ft except along Brown and Traverse 8 ft; see Exhibit PUD-3f(4) below ---PAGE BREAK--- PUD 22-01 Mill Creek Meadows – Commission Final Decision - Page 9 of 20 Exhibit PUD-3f(4): Sidewalks (blue: min 8 ft wide) Overlap: The extra width of planter strip and sidewalk shall either overlap outside ROW into streetside PUE or come with additional ROW to accommodate them. Wider sidewalks shall not narrow planter strips. PUD-4. Streets, dead-end: Barricades/Signage: Based on WDO 3.01.05A.2b & c, the developer shall place: a. A barricade with sign at the east end of each of Aspen, Traverse, and Upland; and b. A barricade at the south end of Brown. Consult PW for a barricade detail, and no later than CEP show both it and a modified version with a sign in conformance with 3.01.05A.2c. PUD-5. Tree preservation: a. For trees to be preserved, the developer shall preserve using the means per Attachment 204. b. For trees to be removed, the developer shall pay fees per Attachment 206. PUD-6. Public land: The developer shall dedicate Tracts A & B to the City. Refer to Attachment 203 for required improvements. ---PAGE BREAK--- PUD 22-01 Mill Creek Meadows – Commission Final Decision - Page 10 of 20 Exhibit Y-1: Tracts to Dedicate to City (at north shaded in darker green) PUD-7. Environmental remediation: The developer shall remediate per Attachment 204, Part C. PUD-8. Lot and tract development standards: The standards shall be per Attachment 202. PUD-9. City/public tract and common area tract improvements: Improvements shall be per Attachment 203. PUD-10. Association: The developer shall establish a maintenance association per Attachment 203, Part E. ---PAGE BREAK--- PUD 22-01 Mill Creek Meadows – Commission Final Decision - Page 11 of 20 PUD-11. PUD Final Plan Approval Process: a. The developer shall conform to WDO 5.01.07, the purpose of which is to ensure that the PUD is in substantial conformance with the conditions of the PUD Detailed Development Plan (DDP) approval, including regarding street improvements, public improvements outside ROW if any, and common area improvements. The developer shall apply to the Director for PUD Final Plan Approval no later than when applying to PW for CEP review. b. Scope: The scope of DDP includes any topic for which any given final decision condition of approval, and any separate document it might reference, is too general to establish civil engineering standards and construction levels of detail. It also includes any topic or situation for which no standard exists through previous adoption by PW. The Final Plan Approval process is to establish any and all design details deferred from land use review. c. CEP: The developer shall incorporate a PUD Final Plan Approval by the Director into CEP review by PW and the civil engineering plan set that PW would approve through CEP. ---PAGE BREAK--- PUD 22-01 Mill Creek Meadows – Commission Final Decision - Page 12 of 20 Planned Unit Development 22-01: Transportation T-A1. Traffic safety: Regarding the four-way intersection of Brown, Bridlewood Ln, & Comstock Ave, the developer shall conduct traffic safety and feasibility study resulting in a written report that includes recommendations about intersection improvement design(s). The study cost is capped at $10,000; the Public Works Director may require a copy of invoice or receipt. Methodology and details per PW. The report scope is limited to a recommendation upon the conceptual design of intersection improvements to address traffic safety, and the City shall not require the developer to construct the recommended design. Due no later than PW CEP approval. T-BP1. Bicycle/pedestrian on-site improvements: The developer shall construct or install bicycle/pedestrian improvements per Attachment 203. T-BP2. Bicycle/pedestrian off-site design work: The developer shall prepare and draw a conceptual design for the segment of the Mill Creek Greenway Trail on City-owned Tax Lot 051W18DC04100 (Tax Lot 4100) NE to Deer Run Ln. The conceptual design work cost is capped at $5,000; the Assistant City Administrator may require a copy of invoice or receipt. a. See Attachment 205 for details. b. Fee in-lieu: Prohibited unless the Assistant City Administrator authorizes in writing. c. Nothing in this land use approval with conditions necessarily makes such improvements, which are a PUD enhanced public amenity, credited or eligible for credits towards system development charges (SDCs). Credit, if any, remains for the developer to apply for through process established by SDC ordinances and resolutions administered by PW and parks and recreation staff. d. This condition shall not be construed to require the developer to construct these off-site improvements. Were to the developer to opt to construct them, the City would favorably consider parks SDC credit through due process. T-T1. School bus shelter: To further TDM through bus transit, the developer shall build or install a school bus shelter on a common area tract closest to wherever the Woodburn School District bus would stop within or next to the development. Follow the direction of the school district facilities manager, or absent that default to min 48 sq ft, 6 ft narrowest dimension, and 8 ft min height clearance. Affix a min 1½ by 1 ft sign face with text min 4-inch high indicating that the shelter is a school bus stop. The shelter may be on a public tract if the Recreation Services Manager allows and may be within any of ROW or a streetside PUE if PW allows. Another shelter that a developer provides for another purpose may do double duty as the school bus top shelter if it continues to meet all the other requirements, whatever they may be, for that purpose as well as this condition, and the shelter is within 18 ft of ROW. ---PAGE BREAK--- PUD 22-01 Mill Creek Meadows – Commission Final Decision - Page 13 of 20 Notes to the Applicant: 1. Records: Staff recommends that the applicant retain a copy of the subject approval. 2. Fences, fencing, & free-standing walls: The approval excludes any fences, fencing, & free-standing walls, which are subject to WDO 2.06 and the permit process of 5.01.03. 3. Signage: The approval excludes any private signage, which is subject to WDO 3.10 and the permit process of 5.01.10. 4. PLA Time Limit: WDO 4.02.04B. specifies that, “A final decision on any application shall expire within three years of the date of the final decision unless: 1. a building permit to exercise the right granted by the decision has been issued; 2. the activity approved in the decision has commenced; or 3. a time extension, Section 4.02.05, has been approved. Because unrecorded re-plats lingering indefinitely have burdened staff, a condition sets sooner time limits for subsection 2. to begin and finish recordation. 5. Mylar signature: The Community Development Director is the authority that signs plat Mylars and not any of the mayor, City Administrator, Public Works Director, or City Engineer. Only one City signature title block is necessary. 6. PLA Plat Tracker: Marion County maintains a plat tracking tool at