analyses & findings - woodburn analyses... · · 2017-10-05... rcwod 2017-04 staff report...

Attachment 101

CPA 2017-01; MP 2017-01; ANX 2017-04; ZC 2017-01; RCWOD 2017-04 Staff Report Attachment 101

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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/ or complies with a applicable goal or policy

No action needed

Requirement (or guideline) not met Correction needed

Section references are to the Woodburn Development Ordinance (WDO).

Table of Contents Location ......................................................................................................................................................... 2

Land Use & Zoning ........................................................................................................................................ 2

Annexation .................................................................................................................................................... 3

Recommended Conditions of Approval ...................................................................................................... 58

Notes to the Applicant ................................................................................................................................ 59

http://www.ci.woodburn.or.us/sites/default/files/11-10%20revised%20web%20Ordinance%20Bookcopywmaster_36.pdf#page=543


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Location Address 500 S. Woodland Ave (currently vacant; generally the southeast corner of

Butteville Rd NE and Newberg Hwy / OR Hwy 219)

Tax Lot 052W11 00300 (Tax Map 052W11, Tax Lot 00300)

Nearest intersection Butteville Rd NE and Newberg Hwy / OR Hwy 219

Land Use & Zoning Comprehensive Plan Land Use Designation County- Primary Agriculture

Zoning District County- UT-20

Overlay District(s) City: Riparian Corridor and Wetlands Overlay District (RCWOD) and Southwest Industrial Reserve (SWIR)

Existing Use(s) Vacant (Farm)

For context, the site and adjacent City zoning districts are illustrated below:

SITE

OR Hwy. 219

Bu

tte

ville

Rd

.

Woodland Ave.

https://www.google.com/maps/place/500+S+Woodland+Ave,+Woodburn,+OR+97071/@45.148245,-122.8934024,17z/data=!3m1!4b1!4m5!3m4!1s0x54955c6db4402ca9:0x25cea4e614a8efae!8m2!3d45.1482412!4d-122.8912084


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Cardinal Direction Adjacent Use

North OR Hwy 219; single-family housing

East WinCo Foods, church

South Farm: County – within urban growth boundary

West Butteville Rd, County – border of UGB

Annexation 4.01.07 Consolidated Applications An applicant may request, in writing, to consolidate applications needed for a single development

project. Under a consolidated review, all applications shall be processed following the procedures

applicable for the highest type decision requested. It is the express policy of the City that

development review not be segmented into discrete parts in a manner that precludes a

comprehensive review of the entire development and its cumulative impacts.

SITE

OR Hwy. 219

Bu

tte

ville

Rd

.

Woodland Ave.


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Because all the applications are Type IV, except the Type I Riparian Corridor and Wetlands

Overlay District (RCWOD), the highest level of processing and review is also Type IV. This

application requests Type IV approval for the proposal.

The requirement is met.

5.04.01 Annexation ...

B. Mandatory Pre-Application Conference: Prior to requesting annexation to the City, a Pre-

Application Conference (Section 4.01.04) is required. This provides the city an opportunity to

understand the proposed annexation and an opportunity to provide information on the likely impacts,

limitations, requirements, approval standards, and other information that may affect the proposal.

A pre-application conference occurred February 1, 2017, prior annexation application

submittal.


C. Criteria:

1. Compliance with applicable Woodburn Comprehensive Plan goals and policies regarding

annexation.

The requested annexation complies with numerous provisions of the Comprehensive Plan,

including Section G, Growth Management and Annexation: Goal G-2 and associated Policies G-

2.1, -2.2 and 2.3, which apply directly to the review and approval of annexations. Importantly,

this property was a key component of the recently approved City Urban Growth Boundary

(UGB) expansion. The applicant has identified goal statements and policies in other sections of

the Comprehensive Plan, such as those referring to the SWIR, that have relevance to the

proposed annexation. In the section below, the applicant cites and responds to each of these

below:

B. Citizen Involvement and Agency Coordination

Policy B-1. It is the policy of the City of Woodburn to solicit and encourage citizen input at all

phases of the land use planning process. Since the City is trying to plan the community in accordance

with the community's benefit, it is essential that the community be consulted at all stages of the

planning process.

Policy B-2. Woodburn shall coordinate with affected state agencies regarding proposed

comprehensive plan and land use regulation amendments, as required by state law.


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City use of the annexation review and approval procedure in the Woodburn Development

Ordinance (WDO), which implements practices and requirements consistent with Policies B-1

and B-2, is sufficient to satisfy this goal and its policies.

The application complies with this goal/policy.

C. Marion County Coordination

Goal C-1. To coordinate with Marion County regarding planning issues that extend beyond the

boundaries of the City of Woodburn, including population allocations, amendments to acknowledged

comprehensive plans and transportation system plans, and achievement of a compact urban growth

form, as required by Statewide Planning Goals 2 (Land Use Planning and Coordination), 12

(Transportation) and 14 (Urbanization).

This annexation is consistent with, and furthers the implementation of, City Ordinance No. 2530

/ Marion County Council Bill No. 2992, “An Ordinance Responding to a LCDC Remand Order by

Adopting an Urban Growth Boundary; Amending the Woodburn Comprehensive Plan and

Urban Growth Coordination Agreement to Designate an Urban Reserve Area and Create Two

20-Year UGB Expansion Limitations; Making Legislative Findings to Explain the City Council's

Action on Remand; and Declaring an Emergency.”


Policy C-1.1 Marion County Framework Plan goals, policies and guidelines will be considered when

the City considers plan amendments that require Marion County concurrence.

Policy C-1.1 is not applicable because the proposal does not include a plan amendment

requiring Marion County concurrence. The comprehensive plan map amendment and zone

change components of the application package are not a change in policy, but rather the

straightforward application of the City planned land use designation for the subject property

(SWIR) in conjunction with its annexation into the City, consistent with Woodburn Ordinance

No. 2530 / Marion County Council Bill No. 2992.


Policy C-1.2 The City of Woodburn shall have primary responsibility to plan for community growth

within its Urban Growth Boundary, and recognizes its responsibility to coordinate with Marion County

to ensure the efficient use of urbanizable land within the Woodburn Urban Growth Boundary.

The annexation is consistent with Policy C-1.2, enabling land within the City of Woodburn UGB

to be efficiently developed for industrial use, consistent with adopted Ordinance No. 2530.

The application this goal/policy.


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D. Residential Land Development and Housing Goals and Policies [detailed provisions omitted for

brevity]

The Residential Land Development and Housing Goals and Policies are not applicable because

the SWIR Overlay land use designation, in which the subject property is located, is planned for

industrial development and not for housing.


E. Industrial Land Development and Employment Goals and Policies

Goal E-1. Woodburn shall provide and maintain an adequate supply of suitable industrial sites

to attract targeted firms consistent with Statewide Planning Goal 9 (Economy of the State), the

recommendations of the 2001 Woodburn Economic Opportunities Analysis and the Woodburn

Economic Development Strategy.

Policy E-1.6 The city deems the industrial park concept the most desirable form of industrial

development. Whenever possible the industrial park concept will be encouraged in an attractive and

functional design. Master planning of industrial areas shall be required prior to annexation of

industrial land to the City. Master plans shall reserve parcels of sufficient size to meet the needs of

targeted industries identified in the EOA.

The Applicant has prepared and submitted a SWIR Master Plan in conjunction with this

annexation application, which satisfies the Comprehensive Plan and WDO requirements for

master planning of industrial areas. Prior to this submittal, the applicant submitted to Marion

County an application to subdivide the property into five discrete lots at a minimum of 20 acres

each, consistent with County UT-20 Zoning. Staff consulted with County staff in the review and

approval of that request, and the City and County entered into an intergovernmental

agreement (IGA) as anticipated by subdivision approval conditions that will address the future

development of Butteville Road NE. The Marion County Surveyor’s Office is currently

reviewing the Applicant’s “I-5 Logistics Center Subdivision” final plat submittal, and recording of

the plat is planned prior to the effective date of annexation. Thus, at the time the City annexes

the territory, it will be in the form of five platted lots rather than a single parcel. The lot sizes

and shapes proposed are consistent with the requirements of the City Comprehensive Plan and

WDO. When the City receives a development application for proposed industrial development,

it would be subject to review and approval under City Design Review procedures. The

proposed annexation is therefore consistent with this Goal and Policy.



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Goal E-2. Woodburn shall reserve suitable sites in the Southwest Industrial Area for targeted

industrial firms, as directed by the 2001 Woodburn Economic Opportunities Analysis.

Annexation of the subject property does not affect the boundaries of lots that Marion County

approved prior to annexation. Also, in July 2016 Leland Consulting Group issued the Woodburn

Target Industry Analysis (WTIA) report that: identified industries that the City could be well-

positioned to attract as part of its economic development strategy; considered the

characteristics of specific subareas of the City including the SWIR; and recommended that the

City amend zoning standards to facilitate development by industrial users. The City Council

adopted the related amendments on January 9, 2017 via Ordinance No. 2544.


Policy E-2.2 A master development plan shall be approved by the City Council prior to annexation

to the City. The master plan shall show how streets, sanitary sewer, water and stormwater services

will be sized and located to serve the entire SWIR area. The master plan shall show how arterial,

collector and local street access will be provided to each lot if land division is proposed. The proposed

master plan shall be referred to Marion County for comment prior to consideration by the City

Council.

WDO Section 2.05.D. and its subsections implement this Policy. The Applicant prepared a SWIR

Master Plan with technical components addressing those requirements and provided

recommended findings above that respond to the applicable WDO provisions. The City will

forward the proposed SWIR Master Plan to Marion County prior to the City Council public

hearing. These actions are sufficient to implement and satisfy this Policy.


F. Commercial Land Development and Employment

The Commercial Land Development and Employment Goals and Policies are not applicable

because the City plans for industrial uses on the subject property, consistent with the SWIR land

use designation, discussed above.


G. Growth Management Goals and Policies

Goal G-1. The City's goal is to manage growth in a balanced, orderly and efficient manner,

consistent with the City’s coordinated population projection.

Policy G-1.1 Woodburn will assure that all expansion areas of the City are served by public facilities

and services with adequate capacity. Consideration of proposals that vary from City capacity

standards and facility master plans shall include mitigating measures determined to be appropriate


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the Public Works Department. Other public service providers such as the School District and Fire

District shall also address capacity considerations.

The companion SWIR Master Plan and supporting findings within this document, which the

applicant submitted for consolidated review with the annexation application, satisfy this Policy.


Policy G-1.2 Woodburn will encourage the optimum use of the residential land inventory providing

opportunities for infill lots, intensifying development along transit corridors, and application of

minimum densities.

This Policy is not applicable because the proposed annexation area is not designated for

residential use.


Policy G-1.3 The City shall provide an interconnected street system to improve the efficiency of movement by providing direct linkages between origins and destinations.

The companion SWIR Master Plan and supporting findings within this document, which are

submitted for consolidated review with this annexation application, satisfy this Policy. In

particular, the SWIR Master Plan incorporates street designations, bicycle facility corridors, and

other Transportation System Plan (TSP) requirements.


Policy G-1.4 The City shall assure the provision of major streets as shown in the Transportation

Systems Plan. The City shall hold development accountable for streets within and abutting the

development. In addition, the policy of the City is to emphasize development outward in successive

steps and phases that avoid unnecessary gaps in the development and improvement of the streets.

The companion SWIR Master Plan and supporting findings within this document, which are

submitted for consolidated review with this annexation request, satisfy this Policy. The City can

require public right-of-way dedications and street improvements consistent with the TSP and

the SWIR Master Plan, including bicycle and pedestrian facilities, in conjunction with Design

Review approval for proposed development projects.


Policy G-1.5 The City’s policy is to consider the Capital Improvement Program (CIP) when investing

public funds or leveraging private investment.


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This Policy is not applicable because the proposed annexation does not include any proposal

that would commit the City to make specific allocations of public funds or alter its CIP.


Policy G-1.6 The City shall encourage high standards of design and flexibility that are enabled by

the PUD zone.

This Policy is not applicable because the proposed annexation does not include any land in a

Planned Unit Development (PUD) zone.


Policy G-1.7 The City’s policy is to accommodate industrial and commercial growth consistent with

the 2001 Woodburn Economic Opportunities Analysis (EOA).

The proposed annexation directly furthers this Policy by extending City jurisdiction to include

land designated SWIR within the UGB, enabling the City to approve industrial development

proposals consistent with applicable City land use and development standards in the WDO.


Policy G-1.8 Woodburn’s policy is to diversify the local economy. Woodburn seeks to diversify the

local economy so that the community will prosper and can weather swings in the business cycle,

seasonal fluctuations, and other economic variables. The intent is to provide a broad spectrum of

commercial and industrial enterprises. The variety of enterprises will not only provide insulation from

negative business factors, but a choice in employment opportunities that in turn allows for the

diversification in income types.

The proposed annexation directly furthers this Policy by extending City jurisdiction to include an

approximately 108-acre tract of land within the UGB and designate it in the SWIR Overlay and

Zoning District, for types of industrial development identified in the 2016 Target Industries

Analysis.


Policy G-1.9 To ensure that growth is orderly and efficient, the City shall phase the needed public

services in accordance with the expected growth. Extensions of the existing public services should be

in accordance with the facility master plans and Public Facility Plan in this Comprehensive Plan.

The proposed annexation, together with the companion SWIR Master Plan, directly furthers


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this Policy by extending City jurisdiction to include land within the UGB and designate it as

SWIR. Consistent with the SWIR Master Plan and the Public Facility Plan, the City will require

extensions of public utility services in conjunction with Design Review approvals for sites within

the subject property. That practice is sufficient to ensure that adequate public services will be

provided to the subject property as well as to the other identified SWIR-area properties within

the UGB.


Policy G-1.10 Woodburn will ensure that land is efficiently used within the Urban Growth Boundary

(UGB) by requiring master development plans for land within Nodal Development Overlay and

Southwest Industrial Reserve overlay designations. Master plans shall address street connectivity and

access, efficient provision of public facilities, and retention of large parcels for their intended

purpose(s).

The proposed annexation, together with the companion SWIR Master Plan, directly furthers

this Policy. The Applicant has included the SWIR Overlay designation on the Comprehensive

Plan Map, SWIR Zoning, and a SWIR Master Plan for consolidated review with the annexation

application, with recommended findings of compliance above in this document.


Policy G-1.11 The City shall pay for public facilities with system development charges from

anticipated growth.

The proposed annexation contributes to implementing this Policy because industrial

development projects within the subject property will be required to pay applicable system

development charges (SDCs), sometimes termed “impact fees”.


Policy G-1.12 The County shall retain responsibility for regulating land use on lands within the urban

growth area (unincorporated land inside the UGB) until such lands are annexed by the City. The urban

growth area has been identified by the City as urbanizable and is considered to be available, over

time, for urban development.

The proposed annexation contributes to implementing this Policy by bringing land within the

UGB into City jurisdiction for regulation of land use and development, including SWIR Overlay

designation and zoning, so it can be developed consistent with City planning for economic

growth and diversification.



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Policy G-1.13 The City and County shall maintain a process providing for an exchange of information

and recommendations relating to land use proposals in the urban growth area. Land use activities

being considered within the urban growth area by the County shall be forwarded by the County to the

City for comments and recommendations. The City shall respond within twenty days, unless the City

requests and the County grants an extension.

Policy G-1.14 All land use actions within the urban growth area and outside the City limits shall be

consistent with the City's Comprehensive Plan and the County's land use regulations.

The City will circulate a copy of the submitted application materials to County staff for review

and comment prior to the public hearing process. In 2016, the applicant coordinated

extensively with both the City and County in the submittal, review and approval of the

subdivision of the subject property into five lots of 20 acres or more in size, as allowed by its

Marion County UT-20 zoning. The Applicant has submitted no other proposal to the County for

land use activities or actions in the subject property. The proposed Comprehensive Plan Map

and Zone Map Amendments are occurring concurrent with annexation, and are therefore not

on lands “outside the city limits”; thus, no determination of consistency with the County Comp

Plan and land use regulations is required. The proposed annexation action complies with this

Policy.


Policy G-1.15 In order to promote consistency and coordination between the City and County, both

the City and County shall review and approve amendments to the City's Comprehensive Plan which

apply to the portion of the urban growth area outside the City limits. Such changes shall be

considered first by the City and referred to the County prior to final adoption. If the County approves

a proposed amendment to the City's plan, the change shall be adopted by ordinance, and made a part

of the County's plan.

This policy is not applicable because annexation and comprehensive plan map and zoning map

amendments are occurring concurrently, so no re-designation is proposed to occur outside the

City limits.


Policy G-1.16 The area outside the urban growth boundary, including the area within the Urban

Reserve Area (URA), shall be maintained in rural and resource uses consistent with the Statewide

Land Use Planning Goals.

This policy is not applicable because the proposal does not involve any land located outside the

City UGB.


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Policy G-1.17 The City and County shall strive to enhance the livability and promote logical and

orderly development of the urban growth area in a cost effective manner. The County shall not allow

urban uses within the Urban Growth Boundary prior to annexation to the City unless agreed to in

writing by the City. City sewer and water facilities shall not be extended beyond the City limits, except

as may be agreed to in writing by the City and the property owner and the owner consents to annex.

The City shall be responsible for preparing the public facilities plan.

The proposed annexation is consistent with this policy because it proposes to bring land,

including the abutting public rights-of-way (Butteville Road NE and Oregon Highway 219) into

the City prior to extension of public utility services, and it does not include any proposal to

provide services to land areas outside the Woodburn UGB. This action is consistent with and

continues the City practice of annexing territory to meet the needs of growth and economic

development opportunities in the community, such as previous annexations to enable

urbanization and development of the I-5 interchange and industrial lands adjacent to the

subject property.


Policy G-1.18 Conversion of land within the boundary to urban uses shall be based on a

consideration of:

(a) Orderly, economic provision for public facilities and services;

(b) Availability of sufficient land for the various uses to ensure choices in the market place;

(c) LCDC Goals;

(d) Further development of vacant and under utilized residential land within the City’s buildable

land inventory before annexing additional territory for conversion to residential use at urban

densities; and

(e) Applicable provisions of the Marion County and City Comprehensive Plans.

As noted above, on December 14, 2015 City Ordinance No. 2530 / Marion County Council Bill

No. 2992 amended the UGB pursuant to a negotiated multi-party settlement agreement,

resolving a disputed UGB expansion action. That policy action by the City and the County was

supported by detailed findings of compliance that addressed, among other considerations, the

above factors (a) through (e). Because the proposed subject property of the proposed

annexation is within the UGB adopted in 2015 and subsequently acknowledged by the Oregon

Land Conservation and Development Commission (LCDC), it is consistent with the

acknowledged UGB and City/County urban growth management policies and practices.

Accordingly, it is not necessary to revisit each of those factors in detail as part of this

application. (See copy of City of Woodburn Ordinance No. 2530 / Marion County Council Bill

No. 2992 in Exhibit D.)


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Policy G-1.19 Woodburn is committed to working with Marion County to minimize conversion of

farm and forest lands, by achieving a compact urban growth form. The City shall zone buildable land

such that the private sector can achieve 8 units per gross acre, consistent with the City’s housing

needs analysis. This efficiency standard represents the average density for new housing that will be

zoned and allowed under clear and objective standards by the City. Through a combination of infill,

redevelopment, vertical mixed use development and provision for smaller lot sizes and a greater

variety of housing types, Woodburn provides the opportunity for the private sector to achieve at least

8 dwelling units per gross buildable acre (after removing protected natural areas and land needed for

parks, schools and religious institutions). Housing through infill and redevelopment counts as new

units, but no new land consumption, effectively increasing the density measurement.

This Policy is not applicable because this request does not propose to change the

adopted/acknowledged City of Woodburn UGB, which implements this Policy. This Policy is

also not applicable because it applies to residential land needs, and the Subject property is not

designated for residential use.


Policy G-1.20 Woodburn designates and establishes two 20-year UGB Expansion Limitations as

depicted in Figure G-1.20, which is adopted as part of the Woodburn Comprehensive Plan. For 20

years from the date the UGB amendment decision is acknowledged, the City shall not seek, consider,

or approve an expansion of the Woodburn UGB in the following areas:

• West of the portion of Butteville Road NE, as depicted in Figure G-1.20.

• Northeast of Highway 99E located at the northeast edge of the existing UGB, as

depicted in Figure G-1.20:


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To further the mutual objective of the City and County to enhance livability and promote logical and

orderly development in a cost effective manner, both UGB Expansion Limitations shall function as

boundaries that shall not be crossed by any UGB expansion for a period of 20 years.

This policy is not applicable because the subject property proposed for annexation is located

within the designated “Industrial – UGB Expansion” area of Figure G-1.20, and therefore

consistent with the adopted and acknowledged City of Woodburn UGB.


Policy G-1.21 The City and Marion County have jointly agreed to establish an Urban Reserve Area

(URA) consistent with state law. The URA is designated and established west and south of Parr Road

as specified in Figure G-1.21, which is adopted as part of the Woodburn Comprehensive Plan.

Designating a URA achieves the following objectives: (A) It identifies appropriate lands to be reserved

for eventual inclusion in the UGB; (B) In conjunction with Marion County’s adoption of policies and

regulations for the URA, it protects this land from development patterns that would impede long-

term urbanization; and (C) it provides more certainty for jurisdictions, service districts and property

owners to undertake longer-term planning for public facilities and services such as transportation,

sewer and water, schools and parks.


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This policy is not applicable because the subject property proposed for annexation is located

within the designated “Industrial – UGB Expansion” area of Comprehensive Plan Figure G-1.20,

and it has no effect on the “Urban Reserve” area depicted in Comprehensive Plan Figure G-

1.21.


Policy G-1.22 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.

This policy is not applicable because the subject property is not designated for residential

development.


Policy G-1.23 As specified in the Marion County Framework Plan, the County’s preliminary

employment land use needs for Woodburn are replaced by the more detailed employment forecasts

and site suitability analysis found in the 2001 Woodburn EOA.


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As noted above, the City UGB and the designation of SWIR land is based on the 2001 Woodburn

Economic Opportunities Analysis (EOA). Additionally, the 2016 Target Industry Analysis

validated the importance of the SWIR-designated industrial development area in helping the

City achieve its growth and economic development goals. The proposed annexation is

consistent with this policy.


Policy G-1.24 Woodburn will consider residential and commercial redevelopment and infill potential

for purposes of calculating UGB capacity, prior to expanding the UGB. Woodburn will also constrain

the supply of commercial land to encourage redevelopment along Highway 214 west of Interstate 5,

and along Highway 99W.

This policy concerns UGB capacity calculations for land in commercial and residential

categories, and is not applicable to the industrially-designated subject property.


Policy G-1.25 Woodburn has identified two areas for mixed-use development – Downtown

Woodburn and the Nodal Development District along Parr Road. The UGB Justification Report includes

specific estimates of the number of new housing units and commercial jobs that can be

accommodated in these overlay districts.

This policy is not applicable because the subject property is not within the Downtown

Woodburn area or the Nodal Development District.


Policy G-1.26 Woodburn intends the UGB expansion area known as the Southwest Industrial

Reserve comprising approximately 190 acres, located east of Butteville Road and north of Parr Road

to be used for larger industrial users. Consistent with other provisions contained in the Woodburn

Comprehensive Plan, all land within the Southwest Industrial Reserve shall be reserved exclusively for

industrial uses identified in the EOA and shall not be converted to another commercial or residential

plan designation. Specific lot size standards shall be established limiting the size and number of future

lots for these properties.

The subject property is located within “the UGB expansion area known as the Southwest

Industrial Reserve comprising approximately 190 acres, located east of Butteville Road and

north of Parr Road.” This consolidated request for SWIR Master Plan approval, Annexation,

Industrial/SWIR Overlay designation on the Comprehensive Plan Map, Zone Change to apply

the City SWIR zone, and Riparian Corridor and Wetlands Overlay District (RCWOD) Permit is the

first proposal to begin implementing this policy. No conversion of SWIR-designated land to


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commercial or residential use is proposed. No change is proposed in the City adopted lot size

requirements for SWIR properties (in Table 2.04F). Therefore, the proposed annexation

complies with this policy.


Policy G-1.27 Woodburn recognizes that residential uses present the most adverse conflicts with

both agricultural practices and with many industrial uses, especially those that use trucks as part of

their regular business practice. Woodburn and Marion County recognize that the land to the west of

Butteville Road NE is a critical part of the irreplaceable land base of the region’s agricultural industry.

Therefore, to minimize conflicts between urban and agricultural uses and to minimize conflicts

between the industrial uses in Southwest Industrial Reserve and other urban uses, the City and

County will:

• Ensure that the design of any improvements to the portion of Butteville Road NE

serving the Southwest Industrial Reserve not encourage any urban traffic unrelated to

the industrial use in the immediate area and unrelated to agricultural uses west of

Butteville Road.

As industrial development is planned for in the Southwest Industrial Reserve

consideration shall be given to methods that mitigate impacts from development and

adjacent agricultural activities. This can include buffers or increased setbacks along

Butteville Road, provided that any buffers needed to reduce conflicts between the

industrial uses and agricultural activity west of Butteville Road NE are located inside

the UGB.

The Applicant interprets Figure G-1.20 Butteville Road NE as locating “20-Year UGB Expansion

Limit (No. 1)” at the western edge of Butteville Road NE right-of-way. Because of that

roadway’s unique service requirements, with urban industrial use to the east and agriculture to

the west, the applicant has been coordinating with City and County staff to create a customized

cross section design with an urban configuration (i.e., curb, landscape planter and sidewalk) on

the east side of the roadway and a rural configuration (i.e., soft shoulder and drainage ditch) on

the west. The proposed pavement width and striping need to be consistent with the City TSP,

which designates Butteville Road NE as a Minor Arterial and designates it also to have “On-

Street Bicycle Lane Improvements” all the way from Parr Road NE at the south to Crosby Road

NE at the north edge of the City. (See TSP Figures 7-1 and 7-4 in Exhibit C.)

The applicant’s traffic impact report demonstrates that in the initial phase of development,

traffic of up to 244 daily PM peak-hour vehicle trips from the subject property can be served

entirely by Woodland Avenue, assuming that the existing sharp curve is widened (which can be

achieved within existing right-of-way) and if the road were to extend west from its present stub

terminus. In this configuration, the subject property would require at least two driveways on

Woodland Avenue, but none on Butteville Road NE south of Woodland Avenue. This


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configuration is designed to minimize traffic demands on Butteville Road NE while enabling that

roadway to function consistent with its TSP designation.


The City will evaluate the sufficiency of proposed setbacks and any buffer(s) through Design

Review for specific sites within the SWIR. This request does not propose to require any

buffering by owners of property outside the UGB on the west side of Butteville Road NE.

Annexation Goals and Policies

Goal G-2. The goal is to guide the shape and geographic area of the City within the urban growth

boundary so the City limits:

(a) Define a compact service area for the City;

(b) Reflect a cohesive land area that is all contained within the City; and

(c) Provide the opportunity for growth in keeping with the City’s goals and capacity to serve

urban development.

Policy G-2.1 For each proposed expansion of the City, Woodburn shall assess the proposal’s

conformance with the City’s plans, and facility capacity and assess its impact on the community.

As discussed above, on December 14, 2015 City Ordinance No. 2530 / Marion County Council

Bill No. 2992 amended the UGB pursuant to a negotiated multi-party settlement agreement,

resolving a disputed UGB expansion action. The Applicant has provided a companion SWIR

Master Plan for consolidated review, demonstrating how services can be provided to all of the

SWIR-designated land in the Woodburn UGB. The submitted materials demonstrate that the

proposed annexation complies with City plans for land use and service provision, and therefore

satisfy this policy.


Policy G-2.2 Woodburn will achieve more efficient utilization of land within the City by:

(a) Incorporating all of the territory within the City limits that will be of benefit to the City.

The subject property proposed for annexation is in the northern part of the SWIR area located

west of Interstate 5. It contains the necessary corridors for extending transportation and public

utility services into that part of the SWIR, including southern extensions to serve property

owned by others to the south of the subject property. The SWIR Master Plan identification of

service corridors Future should guide annexations in the SWIR, in light of service extensions

that have occurred at that time, as well as by improvement/development plans provided by the

applicant(s) for future annexation proposals.



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(b) Providing an opportunity for the urban in-fill of vacant and under utilized property.

The City has designated and added the SWIR area to the UGB because the City contains no

potential infill or redevelopment sites suitable for the types of large-scale industrial

development and use planned in the SWIR. The proposed annexation does not affect this

policy, which is concerned with underdeveloped sites located within the urban area outside the

SWIR.


(c) 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.

(d) 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).

The City uses the SWIR Master Plan requirement as a strategy for achieving efficient

development and utilization of City facilities and services within the western industrial

expansion area. The applicant’s SWIR Master Plan, submitted for consolidated review with this

annexation application, is consistent with this policy.


Policy G-2.3 Woodburn will use annexation as a tool to guide:

(a) The direction, shape and pattern of urban development;

(b) Smooth transitions in the physical identity and the development pattern of the community;

and

(c) The efficient use and extension of City facilities and services.

To guide urbanization and use of the SWIR-designated land in the southwestern part of the city,

Woodburn has adopted annexation requirements that include City Council approval of a SWIR

Master Plan as a prerequisite to annexation. The SWIR Master Plan purpose is to guide

construction of transportation and utility facilities, and protection of stream corridors and

wetlands, as industrial development proceeds in the SWIR. Annexations consistent with an

approved SWIR Master Plan therefore comply with and implement this policy.


H. Transportation


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Goal 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.

Policy 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.

Policy H-1.2 Develop a plan for providing travel options between Woodburn and Portland or

Salem, including intercity bus service and potential bus/carpool park-and-ride facilities.

Policy 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.

Policy 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.

The subject property is in the northern part of the SWIR, adjacent to Oregon Highway 219 at

the north and Butteville Road NE on the west. The City TSP identifies Oregon Highway 219 as a

Major Arterial, Butteville Road NE as a Minor Arterial, and Woodland Avenue as an Access

Street whose western extension to intersect Butteville Road NE is shown as a proposed new

facility. (See TSP Figure 7-1 in Exhibit C.) Additionally, on-street bicycle lane improvements and

sidewalks are required in the segment of State Highway 219 adjacent to the subject property

and in Butteville Road NE from Parr Road at the south to Crosby Road at the north, and

sidewalks are required in Woodland Avenue. (See TSP Figures 7-2, 7-3 and 7-4 in Exhibit C.)

The SWIR Master Plan designations of streets within the SWIR match and implement the

requirements of the TSP. In conjunction with (or following) annexation, development projects

within the SWIR are required to obtain approval through Design Review, allowing the City to

evaluate traffic impacts and impose conditions of approval to ensure that the appropriate

street improvements are constructed in conjunction with development.


Goal 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.

Policy H-2.1 Develop an updated roadway functional classification plan for the Woodburn area

that reflects the desired function of different roadways, and is consistent with current federal

guidelines for the designation of major streets in an urban area.

Policy H-2.2 Develop a strategy for improving Oregon 219/214, 211, and 99E through Woodburn,

including added travel lanes, signalization, and access management.

Policy 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).


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Policy H-2.4 Develop updated street design standards for arterials, collectors, and local streets

Policy H-2.5 Identify a final strategy for paving currently unimproved streets in the City.

Policy H-2.6 Identify the need for additional public parking provisions in Woodburn, including park-

and-ride facilities, as well as a plan to support increased carpooling and transit use in the future.

Policy H-2.7 Develop a capital improvement program that fulfills the transportation goals

established by the community.

The above policies are implemented by the City adopted Transportation System Plan (TSP). In

the SWIR area, the TSP provides specific roadway type designations for Highway 219, Butteville

Road NE and Woodland Avenue. The TSP also provides corresponding design section diagrams

and specifications, including the required numbers of lanes, widths of pavement, striping,

landscape strips, sidewalks, and other features of the different roadway types. The companion

SWIR Master Plan with this annexation request incorporates all of the TSP standards and

requirements for roadways and access in the SWIR. Additionally, the Applicant’s Traffic Impact

Report identifies the roadway improvements necessary to meet the access and circulation

needs of the initial proposed phase of development, as well as future circulation needs as more

industrial development and activity occur in the SWIR over time. For these reasons, the

Applicant has demonstrated that annexation of the subject property and master planning as

proposed at this time will be consistent with the above goal and corresponding policies.


Goal H-3. Develop transportation improvements that address overall traffic safety in the Woodburn

area.

Policy H-3.1 Develop access management strategies for Oregon 219/214, 211, and 99E through

Woodburn, particularly focusing on the section of Oregon 214 between Interstate 5 (I-5) and Cascade

Drive, and Oregon 99E south of Lincoln Avenue.

Policy 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.

Policy H-3.3 Identify street and railroad crossings in need of improvement, as well as those that

should be closed or relocated.

Policy H-3.4 Develop a plan for designated truck routes through the City and a plan to handle truck

and rail hazardous cargoes.

The above policies are implemented by the City adopted Transportation System Plan (TSP). As

discussed above, in the SWIR area, the TSP provides specific roadway type designations for

Highway 219, Butteville Road NE and Woodland Avenue, with design sections and other

specifications for their future construction. The SWIR Master Plan that accompanies this

annexation application incorporates the applicable requirements of the TSP, such as bicycle and

pedestrian facility corridors, street/intersection alignments, and access spacing to provide for

safety and satisfactory operational characteristics. Annexation and development consistent

with the SWIR Master Plan will further this goal and corresponding policies.


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Goal H-4. Develop a set of reliable funding sources that can be applied to fund future

transportation improvements in the Woodburn area.

Policy H-4.1 Evaluate the feasibility of the full range of funding mechanisms for transportation

improvements.

Policy H-4.2 Evaluate the feasibility of instituting an added City gas tax for transportation

improvements.

Policy H-4.3 Identify a traffic impact fee structure for new development in the Woodburn area to

fund transportation improvements.

This goal and policies concern capital funding mechanisms and are not applicable to the

proposed annexation and master plan review; however, industrial development will be

required to pay applicable fees and charges as well as construct improvements in adjacent

roadways sufficient to meet access and circulation needs. Additionally, the additional property

improvements will produce property tax revenues to the City and other taxing districts on an

ongoing basis following development.

Goal H-5. Develop amendments to City land use standards and ordinances to reduce travel

demand and promote use of modes of transportation other than the automobile.

Policy 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.

Policy H-5.2 Identify revisions to the Woodburn Zoning Ordinance for compliance with the TPR.

This goal and policies concern strategies for reducing travel demand, and are not applicable to

the proposed annexation.

Goal H-6. Coordinate with Marion County in planning for a safe and efficient county-wide

transportation system by:

(a) Encouraging use of alternative modes of transportation including mass transit, bicycling,

walking and carpooling; and

(b) Addressing transportation needs appropriate to both urban and rural areas throughout the

county.

Policy H-6.1 Woodburn shall jointly plan with the county to meet the transportation needs in the

future.

(a) The Marion County Transportation System Plan (TSP) will be designed to accommodate the

forecast population, housing, and employment identified in the Framework Plan, except where

modified by the Woodburn Economic Opportunities Analysis (EOA) and the acknowledged 2005

Woodburn Comprehensive Plan.


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(b) Woodburn supports Marion County efforts to investigate countywide alternative

transportation, such as inter-city transit, vanpooling, and passenger rail service serving the county and

the Willamette Valley region.

Policy H-6.2 Woodburn will implement plans as provided in the Woodburn TSP.

(a) Except where topographical conditions or existing development make this standard

impractical, new subdivisions and planned developments should have internal connectivity of at least

8 through streets per mile (roughly every 660 feet) for new development, and sufficient collector and

arterial systems for local access.

(b) The TSP shall include a map depicting future street connections for areas to be urbanized. This

is especially important in Nodal Development Overlay and Southwest Industrial Reserve overlay

areas.

(c) When feasible, the County will utilize standards in the Woodburn TSP and Woodburn

Development Ordinance for development that occurs on unincorporated lands within the Woodburn

Urban Growth Boundary.

Policy H-6.3 Woodburn will support Marion County efforts to provide transit connections within

and between cities. The Woodburn TSP shall include transportation plans for the Woodburn Transit

System that is consistent with the population and employment projections in the Woodburn

Comprehensive Plan and coordinated with the “preferred alternative” found in the County

Framework Plan.

Policy H-6.4 Woodburn should provide for a complementary mix of land uses and transportation

systems by providing for mixed use development in the Downtown Development and Conservation

(DDC) and the Nodal Development Overlay (NDO) districts.

Policy 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 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.

Policy H-6.6 Woodburn will coordinate with Marion County in planning for freight movement by

both rail and truck.

Policy 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.

This goal and policies provide specific guidance for City preparation of its TSP (which has since

been adopted), and promote coordination with Marion County to achieve shared

transportation management goals. The Applicant will continue to work closely with City- and

County staff in the design of roadway improvements within the SWIR, consistent with the SWIR

Master Plan and TSP requirements. For these reasons, the proposed annexation and industrial

development will contribute to creating a safe and efficient multi-modal transportation system,

consistent with this goal and its policies.



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Goal H-7. Coordinate with the Oregon Department of Transportation (ODOT) to maintain

highway and intersection capacity, safety and functionality by:

(a) Developing and adopting performance standards; and

(b) Prohibiting comprehensive plan amendments that do not meet adopted performance

standards.

Policy H-7.1 The Woodburn TSP shall implement an interchange management plan within the UGB

based on potential and substantial adverse impacts to the I-5 Interchange.

(a) Peak hour trip generation estimates and numerical ceilings based on land uses permitted by

the 2005 Woodburn Comprehensive Plan shall be determined for each designated subarea.

(b) The City will coordinate with ODOT in monitoring trip generation impacts for each designated

subarea, considering the cumulative impacts of existing and new development.

(c) Transportation impact studies shall be required for subdivisions and planned developments,

and for new commercial, industrial, public and multi-family residential development within

designated subareas.

(d) Comprehensive Plan amendments that exceed the trip generation ceiling for a designated

subarea shall be prohibited.

(e) Comprehensive Plan amendments from Industrial to Commercial shall be prohibited,

regardless of impact, within the SWIR Overlay.

(f) Woodburn shall provide ODOT with copies of transportation impact studies upon request, and

as part of the Periodic Review process.

(g) Woodburn shall coordinate with ODOT, DLCD and Marion County to address potential service

deficiencies affecting state highway facilities through the Periodic Review process.

Policy H-7.2 The City shall implement medium-term conservation measures to limit access to

Highways 214 and 219. Such measures shall include, but shall not be limited to:

(a) Limitations or prohibition on private access within a quarter of mile east and west of

interchange ramp terminals;

(b) Access controls on, public road approaches; and

(c) Raised medians from Woodland to Oregon Way along Highways 219 and 214.

This goal and policies provide specific guidance for City preparation of its TSP (which has since

been adopted), and promote coordination with the Oregon Department of Transportation

(ODOT) to achieve shared transportation management goals. The applicant will coordinate

with City and County staff in the design of ODOT highway improvements, access locations, and

other transportation system elements within the SWIR, consistent with the SWIR Master Plan

and TSP requirements. For these reasons, the proposed annexation and industrial

development will contribute to creating a safe and efficient multi-modal transportation system,

consistent with this goal and its policies. This annexation proposal includes a proposal to

designate the Subject property as Industrial with the SWIR Overlay on the Comprehensive Plan

Map, which is entirely consistent with all of the City planning for the I-5 Interchange and the

local street system in the TSP, and therefore will not affect any trip generation ceiling.



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I. Public Facilities Goals and Policies

Goal I-1. Public facilities and services shall be provided at levels necessary and suitable for

existing uses. The provision for future public facilities and services in these areas shall be based upon

approved master plans that consider: (1) the time required to provide the service, (2) reliability of

service, (3) financial cost, and (4) levels of service needed and desired.

Policy I-1.1 Public Facilities and services shall be appropriate to support sufficient amounts of land

to maintain an adequate housing market in areas undergoing development or redevelopment.

Policy I-1.2 The level of key facilities that can be provided should be considered as a principal

factor in planning for various densities and types of urban land uses.

The companion SWIR Master Plan addresses system extension needs for water, sanitary sewer

and storm drainage services within the SWIR area. The subject property of the proposed

annexation is located in the northern part of the SWIR area, at the logical corridor location for

making water and sewer system connections to serve the SWIR land west of Interstate 5.

Stormwater management facilities in conjunction with development will provide on-site water

quality treatment and detention prior to releasing drainage into public storm drain lines in

public streets, if required, as the City Engineer determines. Storm drainage from the subject

property, including adjacent public rights-of-way, will discharge to Senecal Creek, which flows

to the north through the northwest corner of the subject property. The submitted SWIR

Master Plan demonstrates that annexation of the subject property at this time is consistent

with the goal of providing adequate public facilities. Extension of such services in conjunction

with industrial development of the subject property after annexation is essential to serve future

development in the western part of the SWIR area.


Wastewater Goals and Policies

Goal I-2. Develop a system that will comply with regulatory treatment requirements of the

Clean Water Act for anticipated wastewater flows and reduce the amount of pollutants that are

released to the environment.

Policy I-2.1 Develop a plan to treat the City’s wastewater flows that ensures desired efficient

quality is maintained under all flow conditions.

Policy I-2.2 Develop a plan for a collection system that has the capacity to convey the wastewater

flows generated.

Policy I-2.3 Develop a maintenance plan that ensures the wastewater treatment system maintains

a high degree of reliability throughout its design lifetime.

Policy I-2.4 Develop an active Inflow/Infiltration (I/I) program that will reduce the levels of I/I

flows to the treatment facility.

Policy I-2.5 Develop a system to monitor and regulate the flows from industrial customers whose

wastewater is treated by the City.


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The submitted SWIR Master Plan identifies corridors for sanitary sewer trunk lines suitable for

providing service to all of the land in the SWIR within the UGB. (See SWIR Master Plan Figure

6.) Additionally, SWIR Master Plan Figure 7 provides a Sanitary Profile to demonstrate the

feasibility of extending a gravity public sewer line in Butteville Road NE to a point south of the

annexation subject property, capable of serving all of the SWIR properties on the west side of

Interstate 5. Following annexation, development of the subject property will be required to

include sewer extension construction along the property’s frontages. As a result, the proposed

annexation contributes to this goal and its policies.


Goal I-3. Develop a plan that will economically provide for the treatment of wastewater

generated by the City’s sewer customers accounting for projected growth through the year 2020.

Policy I-3.1 Project the wastewater treatment needs of the City through 2020 and provide the

land, financial resources and infrastructure to meet those projected demands.

Policy I-3.2 Develop a facility master plan to meet the requirements of the Clean Water Act and

any other regulatory requirements for the projected system demands.

Policy I-3.3 Regularly update the plan to guide the City efficiently through anticipated growth to

comply with any changed regulatory requirements and evaluate if existing plans are satisfactory.

Policy I-3.4 Evaluate the feasibility of the full range of funding options for wastewater system

improvements to fairly distribute costs and regularly evaluate the adequacy of established fees and

charges.

Policy I-3.5 Evaluate the potential impacts of water conservation programs that mitigate some of

the increased demands associated with projected future growth.

Policy I-3.6 The City shall acquire additional land for a poplar tree plantation for tertiary

treatment of waste sludge, as needed to accommodate future growth.

As discussed above, the City of Woodburn has planned for industrial development and uses in

the SWIR area since 2004. Staff had advised the applicant that, for industrial uses other than

those with exceptionally high sanitary sewer discharge rates, the City sanitary sewer system has

sufficient capacity to accommodate additional flows from typical industrial development and

use in the SWIR area. The submitted SWIR Master Plan identifies how sanitary sewer service

lines should be installed to serve all existing parcels of land in the 190-acre area within the UGB

identified for SWIR designation. For those reasons, annexation of the subject property at this

time is consistent with this goal and its policies.


Domestic Water Goals and Policies Goal I-4. Develop a system that will provide the water system’s customers with safe drinking

water that meets quality expectations in sufficient quantity to meet the demand.


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Policy I-4.1 Develop a plan to treat the City’s water supply to reduce elevated levels of iron and

manganese, which provide undesirable aesthetic effects.

Policy I-4.2 Develop a plan to monitor and react to changing regulatory requirements to ensure

that the City is able to supply water that complies with all provisions of the Safe Drinking Water Act.

Policy I-4.3 Develop a supply and distribution system that provides for reliable fire protection.

Policy I-4.4 Develop a Wellhead Protection Program for the City that will serve to provide the

greatest practical protection for the groundwater resources that provide the City’s drinking water

supply.

Goal I-5. To economically provide safe, plentiful drinking water to the City’s water system

customers accounting for projected growth through the year 2020 in accordance with the City of

Woodburn Water Master Plan.

Policy I-5.1 Project the water needs of the system through 2020 and provide the resources and

infrastructure to meet these projected demands. Monitor the status of water rights granted the City.

Policy I-5.2 Develop a facility master plan to meet the water quality goals and requirements,

water system distribution needs, desired water storage capacities and future water supply

projections.

Policy I-5.3 Regularly update the plan to guide the City efficiently through anticipated growth to

comply with regulatory requirements, identify additional sources, determine treatment options and

evaluate service quality.

Policy I-5.4 Evaluate the feasibility of the full range of funding options for water system

improvements to fairly distribute costs and regularly evaluate the adequacy of established fees and

charges.

Policy I-5.5 Evaluate and monitor alternative sources that may be utilized if contamination or

other situations make the existing source unusable and explore opportunities for regional cooperation

in water supply.

Policy I-5.6 Evaluate potential impacts of water conservation programs to mitigate some of the

increased demands associated with projected future growth.

As discussed above, the City of Woodburn has planned for industrial development and uses in

the identified SWIR area since 2004. Staff had advised the applicant that, for industrial uses

other than those with exceptionally high water consumption rates, the City water system has

sufficient capacity to accommodate additional flows from typical industrial development and

use in the SWIR area. The submitted SWIR Master Plan identifies how water service lines

should be installed to serve all existing parcels of land in the 190-acre area within the UGB

identified as SWIR. For those reasons, annexation of the subject property at this time is

consistent with these goals and corresponding policies.


J. Natural and Cultural Resources Goals and Policies

Goal J-1. It is the City's goal to preserve the Mill Creek and Senecal Creek riparian system,

including floodplains, riparian areas and locally significant wetlands. Woodburn is also committed to


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protecting fish and wildlife habitat and natural vegetation associated with this riparian system, as

shown on the Buildable Lands Map.

Goal J-2. It is the City's goal to preserve its unique and historically significant cultural and

historical resources.

Goal J-3. It is the City's goal to preserve its air, water and land resources in such a way that the

clean air the citizens now enjoy will continue in the future, the good quality and sufficient quantity of

water which is now obtained from underground supplies will continue, and that the land resources

within the City will be used in such a manner as to ensure that they will remain useful to future

generations.

Goal J-4. Encourage and work with Marion County, affected state agencies and private

landowners to protect water resources in and around the Woodburn UGB by requiring buffer zones to

protect streams, floodplains, and significant wildlife areas from the negative effects of development.

Policy J-1.1 Trees within designated floodplains and riparian corridors shall be preserved. Outside

of designated floodplains and riparian corridors, developers should be required to leave standing

trees in developments where feasible.

Senecal Creek crosses Butteville Road NE at a point north of Stafney Lane NE, flows

northeasterly through the northwestern corner of the subject property, and leaves the property

by crossing the Highway 219 bridge a short distance east of the Highway 219-Butteville Road NE

intersection. The City TSP requires widening and improvements in Butteville Road NE, and

extension of Woodland Avenue west to intersect Butteville Road NE, which will affect the

western bank of the segment of Senecal Creek within the subject property and adjacent

wetlands.

The applicant retained Pacific Habitat Services (PHS) to (1) perform field inventories and

delineate feature boundaries such as the stream top of bank, wetlands, and buffers required by

the City Riparian Corridor and Wetlands Overlay District (RCWOD); (2) provide reports and

recommendations with respect to natural resources impacts and appropriate mitigation

strategies; and (3) prepare and submit applications to regulatory agencies, including the U.S.

Army Corps of Engineers (USACE), Oregon Department of State Lands (DSL), and other agencies

as appropriate, for permits to construct improvements in Butteville Road NE and Woodland

Avenue as required by the City TSP.

In the remainder of the Senecal Creek corridor, including wetland areas along its eastern bank,

the Applicant proposes to limit industrial development to points outside the RCWOD boundary

to avoid injuring or killing trees and damaging vegetation within the stream corridor, consistent

with the above policies as well as RCWOD regulations. The SWIR Master Plan reflects these

boundaries (See SWIR Master Plan Figure 5), and compliance can be assured through Design

Review. For the above reasons, the proposed annexation is consistent with the above resource

conservation policies.



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Policy J-1.2 New development within the 100-year floodplain shall be prohibited unless no

reasonable economic use can be made of a particular parcel of land. Floodplains should be set aside

for City green ways and left in a natural state as much as possible. This would prevent building in the

floodplain and provide a natural greenway throughout the City. In cases where limited development is

allowed within a floodplain, the flood storage capacity of land within the floodplain shall be

maintained through balanced cuts and fills.

Because Federal Emergency Management Agency (FEMA) flood hazard mapping does not

extend along Senecal Creek south of Highway 219, the applicant has retained a professional

hydraulic engineering consultant (Roger Sutherland, Cascade Water Resources, LLC) to prepare

a study and determine the water surface elevation and area extent corresponding to a “100-

Year” flood along the segment of Senecal Creek within the SWIR, between Butteville Road NE

and Highway 219. (See Exhibit E.) The study assumes industrial development of SWIR-

designated properties within the UGB in estimating future flood elevations.

Importantly, the SWIR Master Plan and the applicant’s site planning limit industrial

development to locations beyond the top of bank of the Senecal Creek corridor, which is

entirely outside the calculated flood hazard zone based on the referenced floodplain study.

Therefore, the proposed annexation is consistent with this policy.


Policy J-1.3 Woodburn will work with Marion County, watershed groups, and affected agencies to

protect environmentally sensitive areas critical to watershed health as mapped on the Woodburn

Buildable Lands Inventory. Natural and scenic areas associated with Woodburn’s riparian systems

shall be preserved through the City’s Riparian Corridor and Wetland Overlay (RCWO) District.

Policy J-1.4 Woodburn has used the Division of State Lands (DSL) standards to identify locally

significant wetlands. Locally-significant wetlands and buffers are protected by RCWO District

standards.

Policy J-1.5 The RCWO District is based on the “safe harbor” provisions of the Goal 5

administrative rule (OAR Chapter 660, Division 23) and shall allow for planned public facilities

necessary to support urban development on nearby buildable lands. The basic provisions of the RCWO

District are as follows:

(a) Except for planned public facilities and streets and riparian restoration and enhancement

projects, new development is prohibited within floodplains and riparian corridors.

(b) The riparian corridor width shall be 50 feet from the top-of-bank or edge of an associated

wetland. These standards require preservation of native vegetation within the 50-foot buffer area.

(c) In cases where no reasonable use of a parcel within the RCWO District is allowed by strict

application of district standards, variances may be approved with mitigation.


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The companion SWIR Master Plan and agency permitting efforts by the Applicant are designed

to protect and conserve the environmentally sensitive area along the Senecal Creek corridor,

including not allowing development in flood hazard areas, while satisfying competing

Comprehensive Plan goals such as the transportation system requirements in the TSP and

economic development. The proposed annexation is consistent with these policies.


Policy J-1.6 The City shall adhere to the standards set forth by the department of Environmental

Quality and the Environmental Protection Agency for air quality and emissions control. In addition,

the City should adopt and enforce its own standards above and beyond DEQ's, if it is deemed

necessary to protect its citizens from local polluters.

Following annexation, industrial development and use of the subject property will be required

to comply with these environmental controls. The proposed annexation has no significant

effect on this policy.


Policy J-1.7 The primary noise sources within the community are generated by traffic on Interstate

5, Pacific Highway 99E, the Railroad, and two industrial sources: North Valley Seeds and Woodburn

Fertilizer Company. Noise generated by these sources fall under the jurisdictional responsibilities of

the Department of Environmental Quality. Also, any noise pollution sources associated with

manufacturing or food processing in the community are regulated by DEQ. The City shall assist DEQ in

the review of development permits to assure that State noise standards are met.

Following annexation, industrial development and use of the subject property will be required

to comply with noise controls as the Oregon Department of Environmental Quality (DEQ) and

the City establish. The proposed annexation has no significant effect on this policy.


Policy J-1.8 The City of Woodburn shall coordinate its efforts in resolving solid waste disposal

problems with Marion County.

The proposed annexation has no significant effect on this policy, which calls for a direct City-

County coordination effort.



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Policy J-1.9 It is the policy of the City to protect the aquifers that supply Woodburn's domestic

water by reasonable means. The City will work with Marion County to promote and target restoration

efforts to critical groundwater areas and develop water management approaches such as monitoring

and evaluation programs based on collaborative actions.

The proposed annexation has no significant effect on this policy, which calls for a direct City-

County coordination effort. Notably, however, the SWIR area is not located within a designated

critical groundwater area, and the City has designated it (with County coordination) for large-

scale industrial development.


Policy J-1.10 For surface water regulations, it is City policy to support the Department of

Environmental Quality in enforcement of water quality standards on Mill Creek, Senecal Creek and

Pudding River.

As noted above, development of sites within the SWIR will provide on-site stormwater

management (e.g., detention and quality treatment) prior to discharging into the public storm

drain system, as required by the City Engineer. The SWIR area west of Interstate 5, including

the annexation subject property, drains naturally to Senecal Creek. The proposed annexation is

consistent with this policy.


Policy J-1.11 The policy for land use in the City is to use land in such a manner that the particular

qualities of riparian systems and wetlands are enhanced by the development that occurs there. Land

use in buildable areas should be maximized so that valuable riparian areas and wetlands are not

wasted.

As noted above, the applicant has retained Pacific Habitat Services (PHS) to inventory and

assess resources within the subject property, and to prepare impact mitigation plans and

agency permit requests as necessary to support construction of improvements. Impacts on

stream and wetland resources are limited to encroachments by public roadways, which are

necessary to implement the City TSP, generally on the western bank of Senecal Creek. On the

eastern bank of Senecal Creek, the applicant proposes to locate development outside the edge

of the RCWOD to conserve its resource values and functions.


Policy J-1.12 Such uses as landfills, junkyards or industrial burial grounds should not be allowed

within the City limits as such uses are wasteful of urban land and are not compatible with urban uses.


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The City SWIR Overlay designation and zoning, proposed to apply immediately upon

annexation, do not allow such uses. Therefore, annexation of the subject property is consistent

with this policy.


L. Parks and Recreation – Open Space/Parks Goals and Policies

Goal 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.

Goal L-2. Downtown Woodburn should remain a centerpiece of activity, culture, and commerce

within the City. Library Park, the Downtown Plaza, Woodburn Aquatic Center, Settlemier Park, the

Woodburn World’s Berry Center Museum, and Locomotive Park should be used as catalysts for

downtown revitalization.

Policy L-1.1 The City will ensure that sufficient land is made available for parks and open spaces by

adopting the system of facility types and standards in the 1999 Parks and Recreation Comprehensive

Plan including: Mini-Parks; Neighborhood/School Parks; Community Parks; Municipal Parks;

Greenways, Open Space, Trails and Pathways; and Cultural Resources and/or Special Use

Parks/Facilities.

Policy L-1.2 The City will ensure the most efficient and effective means of providing sufficient land

for neighborhood parks by adopting a neighborhood/school park concept including joint land

acquisition and development, thereby strengthening the existing partnership between the City and

the Woodburn School District.

Policy L-1.3 Where neighborhood/school parks are not feasible, it is the policy of the City to

acquire neighborhood parks, when practicable, through the development review process.

Policy L-1.4 As a supplement to the City’s neighborhood parks, required nodal master plans shall

include provision for adequate park and recreational facilities.

Policy L-1.5 It is the policy of the City to manage 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.

Policy L-1.6 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.

Policy L-1.7 To ensure adequate maintenance of the City’s parks, recreation, and open space

facilities, the City will prepare comprehensive management plans including maintenance management

standards for each facility.

Policy L-1.8 It is the policy of the City to require multi-family housing projects which exceed four

(4) units to provide basic neighborhood park and playground facilities, based on development

standards of the Recreation and Parks Department.


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Policy L-1.9 Because recreation participation preferences and interests vary among employment,

ethnic, social, and cultural groups, it is the policy of the City to exercise special sensitivity in selecting

the types of recreation programs it offers, and in the design and management of parks, recreation and

open space.

The SWIR area differs from other parts of the city in being devoted primarily, if not exclusively,

to accommodating large-scale industrial uses. Unlike the planning requirements for master

planning in the City designated nodal development areas, the SWIR Master Plan is not required

to contain a park-and-recreational-facilities component. Because land in the SWIR appears to

be of low priority for use as parks, the proposed annexation should have no significant effect on

compliance with Parks and Recreation – Open Space/Parks Policies L-1.1, L-1.2, L-1.3, L-1.4, L-

1.7, L-1.8 and L-1.9. Policies L-1.5 and L-1.6 refer to Senecal Creek among several

creek/drainageway corridors suitable for the creation of pedestrian/bike pathways providing

access to nature recreation and education, and for acquisition of floodplains and creek

corridors for use as natural areas, neighborhood recreation areas, open space and

transportation. As noted above, the SWIR Master Plan identifies the boundary of the 50-foot

required wetland buffer on the east side of the Senecal Creek corridor, with industrial

development to be located farther east, outside the buffer. Following annexation, Design

Review for proposed development of the part of the property north of Woodland Avenue (as it

will be extended to intersect Butteville Road NE) can include consideration of the potential to

incorporate this segment of Senecal Creek into the City system of parks and recreation facilities,

such as by creating an open space tract or easement, routing a pedestrian path along the

Senecal Creek corridor, or by other means. Therefore, the proposed annexation is consistent

with, and will contribute positively to, implementation of Policies L-1.5 and L-1.6. From an

impact standpoint, requirements that would compel the Applicant to dedicate open space,

construct a path, or take other specific actions or incur costs should be deferred until Design

Review for construction of the abutting property (i.e., north of extended Woodland Avenue,

adjacent to Senecal Creek) is proposed, so findings regarding impacts, nexus and rough

proportionality can be incorporated in the decision-making.


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.

On June 13, 1983 by Ordinance No. 1820, the City annexed territory adjacent to the southern

approximately 1,700 feet of the subject property eastern boundary. Therefore, the subject

property is contiguous to the City. The Applicant’s Annexation petition and submittal materials


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include a Certification letter from the City Engineer indicating that City systems have adequate

treatment capacities for water and sewer services. The SWIR Master Plan submitted with this

annexation request shows how linkages and extensions of public facilities will be installed to

serve its development and use as indicated by the Woodburn Comprehensive Plan, as required

by subsection A. These approval criteria are satisfied.


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: [detailed provisions omitted for brevity]

Subsection 3.a is not applicable because the subject property to be annexed is designated for

industrial use, and not for residential or community uses.

b. Lands designated for commercial, industrial and other uses should demonstrate

substantial conformance to the following criteria:

1) The proposed use of the territory to be annexed shall be for industrial or other uses

providing employment opportunities;


The subject property is at the north end of the identified SWIR area, at the logical location for

extending transportation and utility facilities to serve all identified SWIR Subareas located west

of Interstate 5. The City intends to use land in the identified SWIR area specifically to promote

industrial uses and employment opportunities. Therefore, the proposed annexation satisfies

this criterion.

2) The proposed industrial or commercial use of the territory does not require the expansion of

infrastructure, additional service capacity, or incentives that are in excess of the costs normally borne

by the community for development;

The Applicant has prepared and submitted a SWIR Master Plan to guide infrastructure

development within the identified SWIR area inside the UGB. The SWIR Master Plan

demonstrates that road extensions and widening consistent with designations in the TSP,

extensions of water and sewer services, and construction of stormwater management facilities

within the SWIR area can occur in an orderly way in conjunction with site-by-site development.

That is specifically the case with respect to the subject property, development of which will

provide corridor connections for transportation, water and sewer services in the Woodland


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Avenue right-of-way as it will be extended west from its existing stub to ultimately intersect the

Butteville Road NE right-of-way. Because these infrastructure elements can be constructed on

a frontage-by-frontage basis by developers extending them adjacent to sites as they are

developed, it will not be necessary for the community to incur unusual costs, such as to extend

services to reach an isolated site, or to provide special incentives to facilitate development. The

proposed annexation satisfies this criterion.


3) The proposed industrial or commercial use of the territory provides an economic opportunity

for the City to diversify its economy.

The roughly 108-acre subject property has significant potential to attract large-scale industrial

users seeking locations with excellent access to Interstate 5, consistent with goals identifies in

the July 2016 Woodburn Target Industries Analysis (WTIA) (See Exhibit F). Because such sites

are scarce in the region, annexation will set the stage for significant opportunities to grow and

diversify the economy of the city. This criterion is satisfied.


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.

This annexation request is submitted by the sole owner of the property, a single parcel

containing 107.8 acres, representing a 100% ownership share. There is no residence on the

subject property and no registered electors.


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.

This annexation request is submitted by the sole (100%) owner of the property, at which there

is no residence and no registered electors. Therefore, no election within the territory is

required.


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3. The City may initiate annexation of an island (ORS 222.750), with or without the consent of

the property owners or the resident electors. An island is an unincorporated territory surrounded by

the boundaries of the City. Initiation of such an action is at the discretion of the City Council.

This provision is not applicable because this request is an owner-initiated annexation. Notably,

the subject property is not an island of unincorporated territory surrounded by the boundaries

of the City.

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.

This consolidated application package includes the applicant’s request for Comprehensive Plan

Map designation as Industrial/SWIR Overlay and zoning designation of the property as SWIR,

consistent with the intent of the UGB Amendment, Woodburn Comprehensive Plan

Amendment and Urban Growth Coordination Agreement adopted by City of Woodburn

Ordinance No. 2530 / Marion County Council Bill No. 2992 on December 14, 2015. This

requirement is met.


F. The timing of public improvements is as follows:

1. Street dedication is required upon annexation.

The property abuts State Highway 219 at the north and Butteville Road NE at the west, and

Woodland Avenue terminates in a stub at the eastern property boundary. The existing rights-

of-way are sufficient to provide access to the property in its current undeveloped condition;

however, additional improvements will be required in conjunction with industrial development

to meet projected levels of travel demand. These improvements are specified both by the TSP

and the proposed SWIR Master Plan that accompanies this annexation request. Street

improvements and dedications will be required by conditions of approval in the Design Review

process, if necessary to ensure that they are coordinated with developments. Additionally,

right-of-way dedications can then be completed based on as-built documentation as part of

City approval of public works construction and acceptance of the right-of-way dedications.

Therefore, in this specific context it is reasonable and preferable to defer dedication of rights-

of-way until construction of improvements and acceptance by the City Engineer has been

largely completed.


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2. Dedication of public utility easements (PUE) is required upon annexation.

For reasons similar to those listed above regarding right-of-way dedication, dedication of public

utility easements can reasonably be deferred until later through Design Review and

construction permits, allowing more precise location of easements based on as-built

documentation of actual locations of facilities. Therefore, in this specific context it is

reasonable and preferable to defer dedication of easements until construction of facilities

improvements and acceptance by the City Engineer has been largely completed.


3. Street improvements are required upon development.

As discussed above for subsection F.1, street improvements consistent with the SWIR Master

Plan can be required through conditions of approval on development projects.


4. Connection to the sanitary sewer system is required upon development or septic failure.

As discussed above for subsection F.1, extension of facilities consistent with the SWIR Master

Plan and connection to the sanitary sewer system can be required through conditions of

approval on development projects.


5. Connection to the public water system is required upon development or well failure.


Plan and connection to the public water system can be required through conditions of approval

on development projects.


6. Connection to the public storm drain system is required upon development.


Plan and connection to the public storm drain system can be required through conditions of

approval on development projects.


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In addition to the above provision and approval criteria in the WDO, City instructions in the

annexation application packet include the following information requests (boldfaced):

7. Narrative demonstrating compliance with the criteria of the Woodburn Development Ordinance

(one copy. One electronic copy, preferably in Microsoft Word format, is requested but not required.)

a. Territory to be annexed shall be contiguous to the City of Woodburn and shall either:

i. Link to master plan public facilities with adequate capacity to serve development of the uses and

densities indicated by the Woodburn Comprehensive Plan; or

ii. Guarantee the facility linkages with adequate capacity, financed by the applicant.

This document provides findings of compliance with WDO requirements. The subject property

is contiguous to the City because approximately 1,700 feet of the its east property line abuts

the present city limits, and the accompanying SWIR Master Plan demonstrates how the

appropriate links to sufficient public facility systems will be achieved in the course of industrial

development.


b. Annexations shall show a demonstrated community need for additional territory and development

based on the following considerations:

i. Lands designated for residential and community uses should demonstrate substantial conformance

to: (a), (b), and (f) and at least one of (c), (d), or (e), as stated below.

ii. Lands designated for commercial, industrial and other uses should demonstrate substantial

conformance to: (c)(i) and either (g) or (h), as stated below.

(a) Infill. The territory to be annexed should be contiguous to the City on two or more sides;

(b) Residential Buildable Land Inventory. The territory to be annexed should not increase the

inventory of buildable land designated on the Comprehensive Plan as Low or High Density Residential

within the City to more than a 5-year supply;

(c) Street Connectivity. It is feasible for development of the site to either:

(i) Complete or extend of the arterial/collector street pattern as depicted on the Woodburn

Transportation System Plan; or

The accompanying SWIR Master Plan provides a diagrammatic representation of the street

network needed to serve the SWIR area within the UGB, incorporating the hierarchy of

roadway types designated in the TSP. Construction of roadways will be keyed to development

approvals through Design Review, so that improvements sufficient to meet transportation

needs will be constructed in conjunction with development, including public street

improvements along the frontages of development sites.



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(ii) Connect existing stub streets, or other discontinuous streets, with another public street. (NOT

APPLICABLE)

(d) Community Need. The proposed development in the area to be 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.

(NOT APPLICABLE)

(e) Reinforcement of Public Investment. The territory proposed for annexation should reflect the

City's goals for directing growth by using of public facility capacity that has been funded by the City's

capital improvement program; (NOT APPLICABLE)

(f) Local Employment. The proposed use of the territory to be annexed shall be for industrial or other

uses providing employment opportunities;

Annexation of the Subject property is specifically for the purpose of industrial development to

provide local employment opportunities, consistent with this approval criterion.


(g) Reasonable Facility and Service Needs. The proposed industrial or commercial use of the territory

does not require the expansion of infrastructure, additional service capacity, or incentives that are in

excess of the costs normally born [sic] by the community for development; [or]

The SWIR Master Plan indicates, in a series of thematic graphics, how transportation and utility

systems are to be extended in the course of private development to fully serve the SWIR area.

While being scaled appropriately to serve the industrial nature of the SWIR area, the proposed

network of facilities is consistent with system infrastructure construction and service capacity

needs elsewhere in the community, and therefore does not require exceptional expansion of

infrastructure elements or capacity, or incentives for development. The proposed annexation

satisfies this criterion.


(h) Economic Diversification. The proposed industrial or commercial use of the territory provides an

economic opportunity for the City to diversify its economy.

Annexation of the Subject property at this time will bring a significant tract of land for industrial

development into a ready state, giving the City substantial opportunities to attract large-scale

industrial employers seeking to locate facilities in the region. The proposed annexation

contributes directly to this objective.



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B. Comprehensive Plan Map Designation and Zone Change

The Applicant requests that the City of Woodburn officially designate the Subject property as

“Industrial” with “SWIR Overlay” on the Comprehensive Plan Map, concurrent with its

annexation. 5.04.02 Comprehensive Plan Map Change, Owner Initiated

A. Purpose: The purpose of an Owner Initiated Comprehensive Map Change is to provide a process for

the consideration of a change in use designation on the Woodburn Comprehensive Plan, initiated by

the property owner.

B. Criteria: The applicant shall demonstrate the following:

1. Proof that the current Comprehensive Plan Map is in error, if applicable.

The applicant has included this request to ensure that the Industrial/SWIR Overlay designation

is affirmatively applied to the Subject property on the Comprehensive Plan Map, consistent

with clear City intent. The applicant believes that, in the course of the contested UGB

amendment proceedings, the original designation of SWIR Overlay was removed from the

Subject property when the City repealed that original ordinance. Language in the 2015

Settlement Agreement and in the adopted Goals and Policies clearly refers to the SWIR – for

example, Policy G-1.26 says, “Woodburn intends the UGB expansion area known as the

Southwest Industrial Reserve comprising approximately 190 acres, located east of Butteville

Road NE and north of Parr Road to be used for larger industrial users….” However, nothing in

City of Woodburn Ordinance No. 2530 / Marion County Council Bill No. 2992 explicitly maps the

SWIR Overlay on any land area together with a statement making such a designation. That

omission – which could be considered a scrivener’s error – creates error in the Comprehensive

Plan Map to the extent that the Map is inconsistent with the intent and language of several

adopted goals and policies. The proposed amendment is to designate (or depending on

perspective, re-designate) the subject property as Industrial with SWIR Overlay on the

Comprehensive Plan Map, correcting the error and resolving ambiguity.


2. Substantial evidence showing how changes in the community warrant the proposed change in the

pattern and allocation of land use designations.

As discussed for Criterion 1 above, the proposed Comprehensive Plan Map Amendment is not

for the purpose of changing City land allocation policy. Rather, it is to ensure consistency

between the Comprehensive Plan Map and numerous statements, goals and policies in the

Comprehensive Plan that refer to the SWIR area. Without clear and precise mapping of land

area(s) designated SWIR, City policies cannot be implemented correctly or effectively.



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3. Substantial evidence showing how the proposed change in the land use designation complies with:

a. Statewide Planning Goals and Oregon Administrative Rules;

b. Comprehensive Plan goals and policies; and

c. Sustains the balance of needed land uses within the Woodburn Urban Growth Boundary.

The findings supporting City of Woodburn Ordinance No. 2530 / Marion County Council Bill No.

2992 address the above factors. That document is attached as Exhibit D and incorporated by

reference. For this amendment proposal, Goal 1, Citizen Involvement, is satisfied by City

implementation of its acknowledged notice and public hearing procedures for proposed

Comprehensive Plan Amendments. With respect to all other Statewide Goals, Administrative

Rules, Comprehensive Plan goals and policies, and balancing of needed land uses within the

UGB, this amendment proposal does not constitute a request for a policy change. Findings with

respect to the Statewide Planning Goals are provided as follows:


Statewide Land Use Planning Goals Findings

The City of Woodburn has a Comprehensive Plan and Development Ordinance that have been

Acknowledged by the Land Conservation and Development Commission (LCDC) as being in

compliance with the Oregon Statewide Planning Goals and associated Administrative Rules.

Goal 1 Citizen Involvement

The City of Woodburn’s adopted procedures for notice, review and approval of Comprehensive

Plan Map and Zone Map Amendments satisfy state requirements. This Goal is met by City

implementation of its Acknowledged review procedure for such amendments.

Goal 2 Land Use Planning

In this specific case the proposed Comp Plan Map and Zone Map amendments do not represent

a change in City policies, which for many years have sought to bring the Southwest Industrial

Reserve (SWIR) area into the City to meet targeted economic development goals. The

proposed amendments, correctly understood, are for the purpose of clearly applying and

implementing City long-held goals, policies and objectives.

Goal 5 Natural Resources, Scenic and Historic Areas, and Open Spaces

The only significant Goal 5 resource the City has identified within the Subject property is

Senecal Creek and associated wetlands in the northwestern part of the property. The Applicant

has inventoried those resources and presented a plan for protection of the resources in

accordance with the City Riparian Corridor and Wetlands Overlay District (RCWOD)

requirements, including mitigation for unavoidable impacts such as construction of roads as

required by the City Transportation System Plan (TSP). The proposed amendments do not

affect the protected status of the significant resources.

Goal 6 Air, Water and Land Resources Quality

The proposed Comprehensive Plan Map and Zone Map designations are consistent with and

foster the achievement of goals, policies and objectives in the Comprehensive Plan that have


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identified the Subject property as suitable for targeted industrial development objectives,

including an efficient layout and allocation of land to meet community needs and protect the

quality of air, water and land resources.

Goal 7 Areas Subject to Natural Hazards

The proposed Comprehensive Plan Map and Zone Map designations do not foster development

and occupation/human uses of land subject to natural hazards. Development standards in the

community require proposed development projects to determine the extent of hazard areas,

such as areas subject to flooding in a “100-Year” storm, and ensure that buildings are located

outside such areas or are designed to avoid damage in such an occurrence. The proposed

amendments are therefore consistent with this Goal.

Goal 8 Recreational Needs

This Goal is not applicable because the Subject property is not within an area identified by the

City as suitable for, or in need of, development for recreational uses.

Goal 9 Economic Development

The proposed Comprehensive Plan Map and Zone Map designations are consistent with this

Goal because they foster development and human uses of land identified by the City as

appropriate for industrial development to meet community economic development goals.

Goal 10 Housing

This Goal is not applicable because the Subject property is not within an area identified by the

City as suitable for residential development and use.

Goal 11 Public Facilities and Services

This Goal is furthered by the proposed Comprehensive Plan Map and Zone Map amendments

because the SWIR designation requires City Council approval of conceptual master planning for

utility service provision within the SWIR area as a precondition of annexation (and therefore

also subsequent industrial development). The consolidated application materials presented by

the Applicant include a SWIR Master Plan that provides guidance for the design of water, sewer

and storm system facilities to serve the SWIR area.

Goal 12 Transportation

This Goal is furthered by the proposed Comprehensive Plan Map and Zone Map amendments

because the SWIR designation requires City Council approval of conceptual master planning for

transportation within the SWIR area as a precondition of annexation (and therefore also

subsequent industrial development). The consolidated application materials presented by the

Applicant include a SWIR Master Plan that provides guidance for the design of transportation

facilities to serve the SWIR area.

Goal 13 Energy Conservation


foster the achievement of goals, policies and objectives in the Comprehensive Plan that have

identified the Subject property as suitable for targeted industrial development objectives,

including efficient transportation access and allocation of land to meet community needs in a

pattern that contributes to energy conservation.

Goal 14 Urbanization


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foster the implementation of a joint City of Woodburn-Marion County agreement, mutually

adopted at the end of 2015, that established the Woodburn UGB (to include the Subject

property) as well as Urban Reserves. The adopted findings in support of those designations

demonstrated compliance with Goal 14.

The proposed amendment ensures coherence and consistency between goals and policy

statements in the Comprehensive Plan and the corresponding Comprehensive Plan Map.


4. Amendments to the comprehensive plan and land use standards which significantly affect a

transportation facility shall ensure that allowed land uses are consistent with the function, capacity,

and level of service of the facility identified in the Transportation System Plan. This shall be

accomplished by one of the following:

a. Limiting allowed land uses to be consistent with the planned function of the transportation facility;

or

b. Amending the Transportation System Plan to ensure that existing, improved, or new transportation

facilities are adequate to support the proposed land uses consistent with the requirement of the

Transportation Planning Rule; or,

c. Altering land use designations, densities, or design requirements to reduce demand for automobile

travel and meet travel needs through other modes of transportation.

As noted above for criterion #3, this amendment proposal does not constitute a request for a

policy change that would have any effect on transportation facilities or the Transportation

System Plan. The proposed amendment ensures coherence and consistency between goals and

policy statements in the Comprehensive Plan and the corresponding Comprehensive Plan Map,

by ensuring that the officially adopted Comprehensive Plan Map incorporates Industrial/SWIR

Overlay designation the City intended on the subject property.


5.04.04 Official Zoning Map Change, Owner Initiated

A. Purpose: The purpose of an Owner Initiated Official Zoning Map Change is to provide a procedure

to change the Official Zoning Map, in a manner consistent with the Woodburn Comprehensive Plan.

The Applicant requests designation of the subject property “SWIR” on the Official Zoning Map

in conjunction with its annexation into the City and concurrent Comp Plan designation as

Industrial/SWIR. The change is consistent with and implements the designation of the subject

property by the City Comprehensive Plan Map.



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B. Criteria: The following criteria shall be considered in evaluating an Official Zoning Map Change;

1. Demonstrated need for the proposed use and the other permitted uses within the proposed zoning

designation.

The subject property is part of the Southwest Industrial Reserve (SWIR) area that was brought

into the Woodburn Urban Growth Boundary in 2015 for the purpose of providing land suitable

for growing jobs and employment to meet the City of Woodburn’s economic development

goals. (See City of Woodburn Ordinance No. 2530 / Marion County Council Bill No. 2992 in

Exhibit D.) The legislative findings in support of that action include the following findings with

respect to the need for land for industrial employment uses:

4. Industrial Employment

Woodburn currently has 126 acres of vacant, partially vacant, and redevelopable employment

land within the UGB. This land is available for future industrial uses, either by new employers or

by existing employers expanding their businesses. Employment density for the existing UGB is

anticipated at 7.6 employees-per-acre, since much of this land supply is already partially

developed. The existing land supply will accommodate 958 new employees. After accounting

for the industrial use accommodated on the 126 acres inside the UGB, there is a capacity need

to accommodate approximately 1,752 new industrial employees through the UGB in Response

to Remand expansion. The record demonstrates that a reasonable employees-per-acre ratio for

Woodburn is 10 employees per acre. Therefore, approximately 175 net buildable acres are

needed for new industrial capacity. The City addition of 190 acres of industrially designated

lands accounts for the individual parcel sizes and their location immediately adjacent to the City

limits. (See Legislative Findings on Remand – Woodburn Periodic Review Work Task 2 and UGB

in Response to Remand Amendment in Exhibit D, at page 13 – available in the record.)

As noted in the finding above, much of the City industrial land supply within the UGB (126

acres) “is already partially developed” in a combination of some vacant properties together

with parcels of land in industrial use but having room to allow potential future expansion. The

subject property of the proposed annexation is a contiguous 107.8-acre site in the northern

part of the SWIR. No other sites in the City industrial buildable land inventory (BLI) have

comparable size and access characteristics.

Additionally, the July 2016 Woodburn Target Industries Analysis (WTIA) prepared for the City by

Leland Consulting Group included the following in its Recommendations for the Southwest

Industrial Reserve Area:

Different parts of the site may develop for different uses and at different times. The

City should be prepared for the site to develop in phases, with market demand. The

implication of having development occur at different points is that the types of uses


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on the site are likely to vary and different levels of effort may be needed to support

development within the site.

o Work with developers on the northern part of the site about the mix of uses. The

prospective developer of the northern 108 acres, Specht Development, has expressed

interest in developing buildings for distribution, possibly with some manufacturing

businesses as well. Given demand for and relative scarcity of distribution sites with

direct access to I‐5 in the Portland Region, this portion of the site might develop

entirely (or almost entirely) with distribution uses. (See Exhibit F at page iv.)

The WTIA also contains the following specific findings regarding opportunities in the

SWIR area:

Potential Target Industries

The Southwest Industrial Reserve Area has potential for development of a number of

Woodburn’s target industries, especially if the zoning barriers are addressed, allowing

more industrial uses on the site. The Southwest Industrial Reserve Area is likely to

develop predominantly with traded‐sector industries (rather than locally‐serving

industries), such as:

Distribution and e‐commerce. The site, especially the northern 108‐acre portion of the

site, is well positioned for distribution and e‐commerce uses. The site’s size and easy

access and proximity to I‐5 make it very appealing for distribution businesses. The

developers engaged in master planning the site report that their market analysis

shows the largest demand for distribution for a site like the Southwest Industrial

Reserve Area.

Manufacturing. The site may also be attractive to a variety of manufacturing uses,

such as production technology and machinery, metal product manufacturing, plastics

manufacturing, electronics manufacturing, apparel manufacturing, food processing, or

a brewery or distillery. The City will need to allow a wider variety of uses on the site

and may choose to work with the developers to ensure that a mixture of uses develop

on the site.

Other uses. Businesses not identified as target industries may locate on the site, if City

zoning allows. For example, the analysis does not identify furniture manufacturing as a

target industry for Woodburn but it is a cluster present in Marion County. Any number

of businesses not in the target industries analysis may choose to locate on the site.

The types of uses may vary across the site, with the northern portion of the site more likely to

develop with distribution businesses (because of access to I‐5 by trucks) and the southern part

of the site may be more likely to develop with light industrial uses. (See Exhibit F at pages 30-

31.)

These data show that the subject property is needed to enable the City of Woodburn to attract

and accommodate large-scale industrial employers, consistent with its economic development

planning and specific recommendations from the recently completed Woodburn Target

Industry Analysis. The subject property’s size and location characteristics make it unique within


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the City UGB. These factors make its annexation and rezoning as “SWIR” appropriate at this

time.


2. Demonstrated need that the subject property best meets the need relative to other properties in

the existing developable land inventory already designated with the same zone considering size,

location, configuration, visibility and other significant attributes of the subject property.

See detailed findings immediately above for criterion #1. The subject property’s size and

location characteristics make it unique within the community’s UGB. These factors make its

annexation and rezoning as SWIR appropriate at this time.


3. Demonstration that amendments which significantly affect transportation facilities ensure that

allowed land uses are consistent with the function, capacity, and level of service of the facility

identified in the Transportation System Plan. This shall be accomplished by one of the following:

a. Limiting allowed land uses to be consistent with the planned function of the transportation

facility; or

b. Amending the Transportation System Plan to ensure that existing, improved, or new

transportation facilities are adequate to support the proposed land uses consistent with the

requirement of the Transportation Planning Rule; or,

c. Altering land use designations, densities, or design requirements to reduce demand for

automobile travel and meet travel needs through other modes of transportation.

The proposed Zone Change is limited to applying City zoning to the subject property as it is

annexed into the City, superseding the present Marion County Urban Transition-20 zoning. The

proposed designation is consistent with the City SWIR designation of the subject property on

the Comprehensive Plan Map. In its transportation system planning efforts to date, the City has

used the SWIR designation for the subject property in estimating future trip generation in the

City TSP, so SWIR zoning designation is already consistent with the functions, capacities and

level-of-service planned for roadways in the vicinity, i.e., Oregon Highway 219, Butteville Road

NE, and Woodland Avenue. The proposed Zone Change is therefore not an “[amendment]

which significantly affects transportation facilities.” Instead, it is a routine action that

implements the Comprehensive Plan and the TSP as land is annexed into the City.

Additionally, the Applicant has provided a detailed Traffic Impact Report prepared by Kittelson

and Associates, Inc. (See Exhibit H.) The report includes (1) recommendations for street

improvements consistent with the TSP designations for affected roadways in conjunction with

industrial development of the subject property, and (2) specific street improvement

requirements keyed to phasing of anticipated future growth in travel demand within the SWIR,

to provide transportation service meeting TSP requirements. The Applicant’s evidence


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demonstrates that designating the subject property as SWIR in conjunction with its annexation

into the City of Woodburn is appropriate. The evidence further demonstrates that there is no

need to impose limits on land uses within the subject property, amend the TSP, or alter land

use designations, densities or design requirements in order to maintain compliance with the

TSP.


C. Riparian Corridor and Wetlands Overlay Permit 2.05.05 Riparian Corridor and Wetlands Overlay District

A. Purpose

The Riparian Corridor and Wetlands Overlay District (RCWOD) is intended to conserve, protect and

enhance significant riparian corridors, wetlands, and undeveloped floodplains in keeping with the

goals and policies of the Comprehensive Plan. The RCWOD is further intended to protect and enhance

water quality, prevent property damage during floods and storms, limit development activity in

designated areas, protect native plant species, maintain and enhance fish and wildlife habitats, and

conserve scenic and recreational values.

B. Boundaries of the RCWOD

1. The RCWOD includes:

a. Riparian corridors extending upland 50 feet from the top of the bank of the main stem of Senecal

Creek and Mill Creek and those reaches of their tributaries identified as fish-bearing perennial streams

on the Woodburn Wetlands Inventory Map; and

b. Significant wetlands identified on the Woodburn Wetlands Inventory Map. Where significant

wetlands are located fully or partially within a riparian corridor, the RCWOD shall extend 50 feet from

the edge of the wetland; and

c. The 100-year floodplain on properties identified as vacant or partly vacant on the 2005 Woodburn

Buildable Lands Inventory.

In preparation for annexation and development of the subject property, the applicant retained

Pacific Habitat Services (PHS) to perform biological field inventory work, and surveyors (KC

Development and Northwest Surveying) to survey stream banks, wetlands and slopes/sections

within the seasonal Senecal Creek riparian corridor. Additionally, the applicant retained

Cascade Water Resources, LLC to identify “100-year” Base Flood Elevations (BFEs), flood

inundation boundaries and floodway boundaries along the segment of Senecal Creek within the

Subject property (see Exhibit E). Mackenzie has used those data sources to prepare SWIR

Master Plan Figure 5, Riparian Corridor and Wetlands Overlay District (RCWOD) and Figure 5A,

RCWOD Determination Detail.

Within the Subject property, delineated wetlands are present on both sides of Senecal Creek.

As a result, when a 50-foot buffer width is mapped around the identified wetlands, the

resulting boundary contains resource- and buffer areas both for the wetlands and for Senecal

Creek.


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In the Senecal Creek Flood Study, Roger Sutherland, P.E. of Cascade Water Resources, LLC

modeled base flood elevations through the Subject property and found that they varied

between 167.2 feet just upstream (south) of the Oregon Highway 219 Bridge and 169.2 feet just

downstream (east) of the Butteville Road NE Bridge (NGVD29 Datum).

Along the segment of Senecal Creek within the Subject property, the Butteville Road NE right-

of-way is immediately adjacent to the stream/wetlands corridor, allowing only limited buffering

opportunities on the west side of the resources. On the east side of the resource features, the

RCWOD boundary is defined by the 50-foot buffer width adjacent to delineated wetlands,

because that boundary is consistently east of the Senecal Creek corridor and its 50-foot buffer

as well as the “100-year” Base Flood Elevation boundary. (See Exhibit G)


2. The approximate boundaries of the RCWOD are shown on the Zoning Map. The precise boundaries

for any particular lot should be verified by the property owner when making a land use application.

Map errors may be corrected as provided in this Ordinance (Section 1.02.04).

Based on the technical evidence and analysis above for subsection 1, the applicant proposes

that the City approve the RCWOD Boundary illustrated in SWIR Master Plan Figure 5A as the

precise RCWOD boundary applicable to the subject property.

C. Permitted Uses and activities

The following uses and activities are allowed, provided they are designed and constructed to

minimize intrusion into the RCWOD:

1. Erosion or flood control measures that have been approved by the Oregon Department of

State Lands, the U.S. Army Corps of engineers, or another state or federal regulatory agency

2. Maintenance of existing structures, lawns and gardens

3. Passive recreation uses and activities

4. Removal of non-native plant species and replacement with native plant species

5. Streets, roads, and paths that are included in an element of the Comprehensive Plan

6. Utilities

7. Water-related and water-dependent uses, including drainage facilities, water and sewer

facilities, flood control projects, drainage pumps, public paths, access ways, trails, picnic areas

or interpretive and educational displays and overlooks, including benches and outdoor furniture

The Woodburn TSP, an adopted component of the Comprehensive Plan, identifies Woodland

Avenue as a Local Access Street and requires its future extension west from its current stub

terminus (on the eastern boundary of the Subject property) to Butteville Road NE. The

proposed Woodland Avenue alignment illustrated in SWIR Master Plan Figure 3, Existing &

Future Streets, shifts the roadway to the south at its west end. This alignment is preferable to

an on-axis linear extension because it (1) aligns Woodland Avenue directly opposite existing


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Stafney Lane, which is preferable to creating an offset intersection alignment across Butteville

Road NE; and (2) reduces the extent to which delineated wetlands on the east side of Butteville

Road NE will be impacted by the construction. These uses and activities are specifically

permitted by subsection 5.

The Applicant requests City approval of the RCWOD Boundary as shown in SWIR Master Plan

Figure 5. No industrial development is proposed within that RCWOD Boundary. The Applicant

asks the City of Woodburn to make a determination that future development projects that do

not propose to encroach into the proposed RCWOD Boundary will be in compliance with

RCWOD requirements and will not require RCWOD Permit review as part of the land use

review/approval process.


D. Prohibited Uses and Activities

1. New buildings or structures or impervious surfaces, except for replacement of existing structures

within the original building footprint

2. Expansion of existing buildings or structures or impervious surfaces

3. Expansion of areas of pre-existing non-native landscaping such as lawn, gardens, etc.

4. Dumping, piling, or disposal of refuse, yard debris, or other material

5. Removal of vegetation except for:

a. Uses permitted by this Section

b. Perimeter mowing of a wetland for fire protection purposes;

c. Water-related or water-dependent uses, provided they are designed and constructed to minimize

impact on the existing riparian vegetation;

d. Removal of emergent in-channel vegetation that has the potential to cause flooding;

e. Hazardous tree removal.

6. Grading, excavation and the placement of fill except for uses permitted by this Section.

This application does not include a proposal to allow any Prohibited Uses and Activities in the

proposed RCWOD Boundary. This requirement is satisfied.


E. Variances

The restrictions of this Section may be reduced or removed if they render an existing lot or parcel

unbuildable or work an excessive hardship on the property owner. The reduction or removal shall be

decided through the Variance process.

This application does not include a request for a Variance to reduce or remove RCWOD

restrictions applicable within the proposed RCWOD Boundary. This provision is not applicable

to this proposal.


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F. Site Maintenance

1. Any use, sign or structure, and the maintenance thereof, lawfully existing on the date of adoption

of this ordinance, is permitted within the RCWOD. Such use, sign or structure may continue at a

similar level and manner as existed on the date of the adoption of this ordinance.

2. The maintenance and alteration of pre-existing ornamental landscaping is permitted as long as no

native vegetation is disturbed. Maintenance of lawns, planted vegetation and landscaping shall be

kept to a minimum and not include the spraying of pesticides or herbicides. Vegetation that is

removed shall be replanted with native species. Maintenance trimming of existing trees shall be kept

at a minimum and under no circumstances can the trimming maintenance be so severe as to

compromise the tree’s health, longevity, and resource functions. Vegetation within utility easements

shall be kept in a natural state and replanted when necessary with native plant species.

No use, sign or structure, or ornamental landscaping subject to these provisions is present

within the proposed RCWOD Boundary. Therefore, these provisions are not applicable.

G. Site Plan

When a use or activity that requires the issuance of a building permit or approval of a land use

application is proposed on a parcel within, or partially within the RCWOD, the property owner shall

submit a site plan to scale showing the location of the top-of-bank, 100-year flood elevation,

jurisdictional delineation of the wetland boundary approved by the Oregon Department of State

Lands (if applicable), riparian setback, existing vegetation, existing and proposed site improvements,

topography, and other relevant features.

The applicant requests City approval of the RCWOD Boundary as shown in SWIR Master Plan

Figure 5. No industrial development is proposed within that RCWOD Boundary. The applicant

asks the City of Woodburn to make a determination that future development projects that do

not propose to encroach into the proposed RCWOD Boundary will be in compliance with

RCWOD requirements and will not require RCWOD Permit review as part of the land use

review/approval process. A site plan that shows the RCWOD Boundary and demonstrates that

no Prohibited Uses and Activities (listed in Subsection D above) are proposed within the

RCWOD shall be sufficient evidence of RCWOD compliance.

Staff concurs, provided the RCWOD is approved as part of this request, future development

which does not encroach into the RCWOD boundary would not be required to apply for or

receive an additional RCWOD permit.


H. Coordination with the Department of State Lands

The Oregon Department of State Lands shall be notified in writing of all applications to the City for

development activities, including applications for plan and/or zone amendments, development or


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building permits, as well as any development proposals by the City that may affect any wetlands,

creeks or waterways.

This provision provides guidance for processing of development applications and requires no

response from the applicant. Notably with respect to the relationship with DSL, the applicant

accepts responsibility for obtaining all necessary permits from DSL as well as other federal,

state, and local authorities having jurisdiction for any construction activities that will impact

regulated resource features, including but not limited to the westerly extension of Woodland

Avenue.


3.02 Utilities and Easements

3.02.02 Creeks and Watercourse Maintenance Easements

A. Public improvement and maintenance easements shall be dedicated along all creeks and other

water courses. On streams and waterways where development is regulated, based on Federal

Emergency Management Administration (FEMA) flood hazard delineation, the minimum width shall

be adequate to accommodate the 100-year floodway.

The plans do not indicate the required maintenance easement along Senecal Creek.

The proposal fails to meet the requirement. Staff applies Condition R2 to ensure that the

required maintenance easement is provided prior to development.

SWIR MASTER PLAN

The requirements for a SWIR Master Plan are identified in WDO Section 2.05.06(D), which is reproduced below: D. Master Planning Requirement

1. A master development plan shall be approved by the City Council for the entire area designated SWIR on the Comprehensive Land Use Plan Map, prior to annexation of any property within the SWIR Comprehensive 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 SWIR.

2. The required master plan shall show: a. The location and rights-of-way for existing and planned streets, which shall provide access

to all existing and proposed parcels, consistent with the Transportation System Plan; b. The location and size of existing and planned sanitary sewer, storm water and water

facilities, at adequate levels to serve existing and proposed industrial development; c. The location and area of the Riparian Corridor and Wetlands Overlay District (RCWOD) as it

affects existing and proposed industrial parcels. Planned streets and public facilities that cannot reasonably avoid the RCWOD shall be indicated;

d. Parcels consistent with the lot sizes indicated in Table 2.05B1;


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e. Pedestrian and bicycle connections consistent with the TSP.

All of the required information is provided on the proposed SWIR Master Plan documents.

Note: The reference to Table 2.05B in the WDO appears to be a scrivener’s error; the correct reference would be to Table 2.04F, which contains the parcel size requirements applicable within the SWIR. The applicant provided the following specific description of how the master plan satisfies the code provisions:

Rights-of-Way Existing and future streets are illustrated in Figure 3 and described below. Location of Existing and Planned Streets

Parcels west of I-5 will gain access from the abutting segments of Butteville Road NE and Oregon Highway 219. Additionally, Woodland Avenue is proposed to be extended from its western terminus to intersect Butteville Road NE opposite Stafney Lane. The precise alignment of the Woodland Avenue extension will be determined at the time of development of the affected property. Depending on traffic levels, a north- south street may also be constructed between Woodland Avenue and Highway 219; this street could either be located approximately where illustrated in Figure 3 or it could be located to align with Willow Avenue. The final alignment determination can and should be made at the time development is proposed. Parcels east of I-5 will gain access from the future extensions of Stacy Allison Way, Evergreen Road, and an unnamed street along the southern boundary of the SWIR that will connect with Parr Road NE. The proposed rights-of-way are consistent with the street network in the SWIR area illustrated in Figure 7-1 of the Transportation System Plan. Note 1 on TSP Figure 7-1 states:

Roadway facilities shown outside the UGB are recommended, not planned facilities in the TSP, and are logical extensions and improvements to the planned roadway network. Land use decisions to authorize these as planned facilities and improvements would occur as part of a subsequent UGB amendment adding these areas or a subsequent amendment to the TSP.

Street Improvements

Improvements to the streets illustrated in Figure 3 will occur when triggered by development of individual sites. Right-of-way dedication and construction of street improvements will be required along the frontage of parcels as they are developed. Additionally, non-adjacent transportation improvements may be required, if the need for them is triggered by cumulative vehicle trip generation. That determination can and should be made on a project-by-project basis at the time of decision-making for specific development applications.


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Industrial development west of I-5 will require construction of certain improvements illustrated in Figure 3. Any level of development will trigger both improvements “A” and “B,” where improvement “A” consists of realignment of the Woodland Avenue curve to enable trucks traveling in opposite directions to negotiate the curve without conflict, and improvement “B” consists of the western extension of Woodland Avenue to reach Butteville Road NE. Additionally, cumulative SWIR development that generates more than 240 but not more than 968 PM peak hour trips will trigger either improvement “C” or improvement “D” (but not both). Improvement “C” consists of a north-south street between Woodland Avenue and Highway 219, which can be located approximately where illustrated in Figure 3 or alternatively aligned to form a fourth leg at the Willow Avenue-Highway 219 intersection. Alternatively, improvement “D” consists of improvements to the Butteville Road NE/Highway 219 intersection to enable it to accommodate up to 968 PM peak hour trips. Vehicle trip generation within the SWIR that cumulatively generates more than 968 PM peak hour trips will require further improvements to the Butteville Road NE/Highway 219 intersection designed to meet the long-term circulation needs of the remainder of the SWIR and the larger community. Access Spacing

As coordinated with Marion County and City of Woodburn staff, Tax Lot 052W11 00300 will be limited to no more than three (3) accesses to Butteville Road NE (including Woodland Avenue and up to two private driveways) at minimum spacing of 500 feet (see Figure 3). Similar minimum access spacing has been illustrated for other parcels within the SWIR. Access to Highway 219 will be at the discretion and approval of ODOT. Access to other roadways will follow applicable agency spacing standards for the roadway classification.

Lot Sizes WDO Table 2.04F denotes the required lot sizes for each of the SWIR Development Subareas illustrated in WDO Figure 2.04A. Subsequent to the codification of this Table and Figure, the adopted UGB amendment included only Subareas A, B, C, and a portion of D, corresponding to Tax Lots 052W1100300, 052W1400200, 052W1400600, 052W1400700, and 052W1400800.


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City staff provided guidance indicating that for each site at least one lot shall be sized to meet each of the required lot size ranges, except that smaller required lots may be combined to create larger lots with no maximum size limitation. Parcel sizes are noted on Figure 2. Marion County has approved an application to subdivide Tax Lot 052W11 00300 (Subarea A) into five lots with sizes ranging from 20.0 acres to 25.5 acres, any combination of which could be annexed into the City of Woodburn and developed in accordance with this SWIR Master Plan and other applicable regulations to serve the land need of prospective users. The other parcels within the SWIR are not currently proposed to be divided; these lot sizes match the “Gross Acres” column in WDO Table 2.04F.

Pedestrian and Bicycle Connections

Figure 4 illustrates the proposed pedestrian connections, consisting of sidewalks on the east side of Butteville Road NE, on the south side of Highway 219, on both sides of the Woodland Avenue extension, and on all the future streets east of I-5. Bicycle facilities will consist of bicycle lanes on both sides of Butteville Road NE, on the south side of Highway 219, and on the west side of Evergreen Road (see Figure 4). These pedestrian and bicycle facilities are consistent with


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the improvements in the SWIR area illustrated in Figures 7-3 and 7-4 of the Transportation System Plan. Alternatively, development may provide opportunity for bicycle or pedestrian facilities near Senecal Creek in the northwest corner of the SWIR to reduce intrusion into the RCWOD. Riparian Corridor and Wetlands Overlay District

The Riparian Corridor and Wetlands Overlay District (RCWOD) is present in the northwest corner of the SWIR, affecting a small fraction of the overall land area. Other than at that location, significant natural resources are absent from the remainder of the SWIR. The RCWOD consists of the area within 50 feet of the top of bank of Senecal Creek, the area within 50 feet of delineated wetland boundaries, and the Special Flood Hazard Area as defined by the Federal Emergency Management Agency (FEMA) Figures 5 and 5A. WDO Section 2.05.05.C specifies that streets, roads, and paths that are included in an element of the Comprehensive Plan or other approved master plan (including SWIR Master Plans) and utilities are permitted uses within the RCWOD. As noted on Figure 3, street improvements on Butteville Road NE, Highway 219, and the Woodland Avenue extension will need to encroach into part of the identified resources, and the RCWOD boundary is proposed to reflect the required construction. Similarly, proposed pedestrian and bicycle facilities near Senecal Creek will also affect wetland resources and buffer areas (see Figure 4), and the RCWOD boundary is proposed to reflect the required construction. Finally, limited portions of the sanitary sewer, storm drainage, and water systems near the Butteville Road NE/Woodland Avenue intersection will fall within the RCWOD as illustrated in Figures 6 through 9. Construction activities within the RCWOD may require permits and approvals from the Oregon Department of State Lands and/or the U.S. Army Corps of Engineers. Utilities

Sanitary sewer, storm drainage, and potable water facilities are illustrated in Figures 6 through 9 and described below. Sanitary Sewer

Figure 6 illustrates the existing and proposed conceptual sanitary sewer utilities that will serve the SWIR. West of I-5, the proposed sanitary sewer system will consist of a collection system that flows north in Butteville Road NE and east in the Woodland Avenue extension, connecting to the 18-inch stub at the existing terminus of Woodland Avenue. The southerly portion of the Butteville Road NE line is anticipated to be a 12-inch line. Due to the area’s topography, a lift station will be necessary, with a likely location along Woodland Avenue near its intersection with Butteville Road NE. Flows from the lift station will discharge to an 18-inch line in the Woodland Avenue extension. Figure 7 illustrates the relationship between the ground elevation and the sewer line planned for Butteville Road NE; the exact location and size of the lift station


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will need to be determined at the time of development. There is a range of lift station locations that would be acceptable for the functionality of the sewer system. East of I-5, the proposed sanitary sewer system consists of two separate branches. The first branch will have its upstream end near I-5 and will flow in a northeasterly direction, connecting to an 8-inch stub in Stacy Allison Way. The second branch will also have its upstream end near I-5 but will flow southward and eastward within the future street alignments. Due to the area’s topography a lift station will be necessary; the location and size of the lift station will need to be determined at the time of development of the affected lots. Flows upstream of the lift station will be in an 8-inch pipe, while flows downstream (east) of the lift station will be in a 12-inch pipe in the future east-west street, transitioning to a 15-inch pipe and flowing north within the Evergreen Road extension. Flows will discharge to a 15-inch sanitary sewer stub at the existing terminus of Evergreen Road. Storm Drainage

Figure 8 illustrates the existing and proposed conceptual stormwater management system that

will serve the SWIR. West of I-5, the proposed storm sewer system consists of two separate

branches that both discharge to Senecal Creek. The Butteville Road NE branch will flow

northward, beginning as a 12-inch line, transitioning to a 24-inch line, and increasing to a 30-

inch line prior to the outfall, anticipated to be located near the Woodland Avenue extension.

The second branch will be a 12-inch storm line in the Woodland Avenue extension flowing west

to the outfall at the creek.

East of I-5, there will be two separate branches that both discharge to the ODOT drainage ditch

next to I- 5. One branch will flow southwest in the Stacy Allison Way extension, while the other

will flow west along the southern boundary of the SWIR before turning north in the new street

alignment and flowing into the drainage ditch.

Water System

Figure 9 illustrates the existing and conceptual proposed potable water system that will serve

the SWIR for domestic use as well as fire suppression. West of I-5, the proposed water system

will connect to existing 12-inch water stubs in State Highway 219 and at the existing western

terminus of Woodland Avenue. Twelve-inch lines are proposed in Highway 219, the Woodland

Avenue extension, and Butteville Road NE, as well as a 12-inch line along the east edge of

Subarea A. The 12-inch lines can be looped at the southern boundary of Subarea A, which is

also a logical (though not the exclusive) location where an additional east-west loop connection

could be established by boring beneath I-5. The timing for making such a public water line

connection should be determined in response to fire system capacity needs as future

development proceeds on both sides of I-5. East of I-5, the proposed water system will

complete the loop between Stacy Allison Way and Parr Road NE. The proposed water system


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will connect to the existing 10-inch stub in Stacy Allison Way and will extend southwest parallel

to I-5 to the loop connection across I-5 discussed above (specific location to be determined).

South of the loop connection, a new 12” line will extend to a new north-south street, then

continue to the southern boundary of the SWIR before turning east to connect to the existing

12-inch line in Parr Road. There is also an existing 18-inch line that connects Parr Road NE to

Evergreen Road.

Summary This Southwest Industrial Reserve (SWIR) Master Plan provides guidance for the extension of services and construction of facilities designed to enable full SWIR development within the Urban Growth Boundary (UGB), as required by WDO Section 2.05.06(D). Additionally, for the property under the applicant’s control (the 107.8-acre Mahan/Specht property identified as Tax Lot 052W1100300, or Subarea A), the SWIR Master Plan provides specific guidance for development with respect to certain transportation and utility improvement requirements in conjunction with development of that property, or sub-areas thereof.

Recommended Conditions of Approval

Staff recommends approval of the consolidated applications based on the findings submitted by

the applicant, which are incorporated by this reference, the supplementary staff findings in the

staff report and attachments, as well as applying the following conditions of approval:

RCWOD 2017-04

R1. To meet the requirements of WDO 2.05.05C., G., & H., prior to any construction within the

Riparian Corridor and Wetlands Overlay District (RCWOD), the applicant shall obtain relevant

permits from any of the U.S. Army Corps of Engineers (USACE) and the Oregon Department of

State Lands (DSL).

R2. To meet the requirement of WDO 3.02.02, the applicant shall dedicate to the City a

maintenance easement along Senecal Creek at a minimum width to adequately accommodate

the 100 year floodway, or at a width and location acceptable to the City Engineer.


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Notes to the Applicant

The following are not conditions of approval, but are important notes for the applicant to be

aware of and follow for the site development:

1. The applicant, not the City, is responsible for obtaining permits from any City, 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.

analyses & findings - woodburn analyses... · · 2017-10-05... rcwod 2017-04 staff report...

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