Post on 15-Apr-2018
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
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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.
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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.
The requirement is met.
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.”
The application complies with this goal/policy.
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.
The application complies with this goal/policy.
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.
The application complies with this goal/policy.
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.
The application complies with this goal/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.
The application complies with this goal/policy.
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.
The application complies with this goal/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.
The application complies with this goal/policy.
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.
The application complies with this goal/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.
The application complies with this goal/policy.
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.
The application complies with this goal/policy.
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.
The application complies with this goal/policy.
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.
The application complies with this goal/policy.
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.
The application complies with this goal/policy.
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.
The application complies with this goal/policy.
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.
The application complies with this goal/policy.
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.
The application complies with this goal/policy.
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.
The application complies with this goal/policy.
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”.
The application complies with this goal/policy.
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.
The application complies with this goal/policy.
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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.
The application complies with this goal/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.
The application complies with this goal/policy.
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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The application complies with this goal/policy.
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.
The application complies with this goal/policy.
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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The application complies with this goal/policy.
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.
The application complies with this goal/policy.
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.
The application complies with this goal/policy.
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.
The application complies with this goal/policy.
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.
The application complies with this goal/policy.
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.
The application complies with this goal/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.
The application complies with this goal/policy.
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.
The application complies with this goal/policy.
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.
The application complies with this goal/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 application complies with this goal/policy.
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.
The application complies with this goal/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.
The application complies with this goal/policy.
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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.
The application complies with this goal/policy.
(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.
The application complies with this goal/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.
The application complies with this goal/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.
The application complies with this goal/policy.
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.
The application complies with this goal/policy.
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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The application complies with this goal/policy.
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.
The application complies with this goal/policy.
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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.
The application complies with this goal/policy.
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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.
The application complies with this goal/policy.
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.
The application complies with this goal/policy.
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.
The application complies with this goal/policy.
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.
The application complies with this goal/policy.
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.
The application complies with this goal/policy.
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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.
The application complies with this goal/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.
The application complies with this goal/policy.
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.
The application complies with this goal/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.
The application complies with this goal/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.
The application complies with this goal/policy.
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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.
The application complies with this goal/policy.
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.
The application complies with this goal/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.
The application complies with this goal/policy.
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.
The application complies with this goal/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.
The application complies with this goal/policy.
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.
The application complies with this goal/policy.
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 application complies with this goal/policy.
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.
The application complies with this goal/policy.
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.
The application complies with this goal/policy.
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.
The application complies with this goal/policy.
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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The application complies with this goal/policy.
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.
The application complies with this goal/policy.
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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The application complies with this goal/policy.
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.
The application complies with this goal/policy.
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.
The application complies with this goal/policy.
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.
The application complies with this goal/policy.
5. Connection to the public water system is required upon development or well failure.
As discussed above for subsection F.1, extension of facilities consistent with the SWIR Master
Plan and connection to the public water system can be required through conditions of approval
on development projects.
The application complies with this goal/policy.
6. Connection to the public storm drain system is required upon development.
As discussed above for subsection F.1, extension of facilities consistent with the SWIR Master
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.
The application complies with this goal/policy.
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.
The application complies with this goal/policy.
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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.
The application complies with this goal/policy.
(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.
The application complies with this goal/policy.
(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.
The application complies with this goal/policy.
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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.
The requirement is met.
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.
The requirement is met.
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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:
The requirement is met.
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
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
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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The proposed Comprehensive Plan Map and Zone Map designations are consistent with and
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.
The requirement is met.
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.
The requirement is met.
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.
The requirement is met.
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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.
The requirement is met.
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.
The requirement is met.
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.
The requirement is met.
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)
The requirement is met.
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.
The requirement is met.
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.
The requirement is met.
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.
The requirement is met.
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.
The requirement is met.
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.