Order No. 2007-0001

 

 

1.                  On August 25, 2006, NewB Properties LLC submitted a request for an urban growth boundary amendment and comprehensive plan change to COM (Commercial), HDR (High Density Residential), MDR (Medium Density Residential), and LDR (Low Density Residential) for approximately 30 acres located at 4505, 4813, 4821 & 4825 Portland Road, Yamhill County Tax Lots 3216-900, -1000, and -1100.

 

2.                  After proper notice, on November 30, 2006, the Newberg Urban Area Management Commission heard the request. The hearing was continued to December 6, 2006. The applicant submitted a new proposal for the site which changed the portion of the site planned for HDR to MDR. The Commission recommended approval of the urban growth boundary amendment, and approval of the applicant’s revised proposal from December 6, 2006, with conditions.

 

3.                  After proper notice, on January 2, 2007, the Newberg City Council held a hearing to consider the request.

 

4.                  The City Council finds that the applicable criteria have been met, and that approval of the application is in the best interests of the community.

 

 

1.                  The property described in Exhibit “A” is hereby included within the Newberg Urban Growth Boundary.

 

2.                  The property described in Exhibit “A” is hereby changed to a COM (Commercial), MDR (Medium Density Residential) and LDR (Low Density Residential) Comprehensive Plan designation as shown on Exhibit “B”. The “Newberg, Oregon Comprehensive Plan Map” shall be amended to indicate this change. The Newberg Comprehensive Plan supply and demand tables shall be amended to reflect this change.

 

3.         The findings which are attached hereto as Exhibit “C” are incorporated herein.

            This order is subject to the following:

A.        Adoption of the same Urban Growth Boundary and Comprehensive Plan changes by Yamhill County.

 

 

B.         Amendment of the Comprehensive Plan designation for the property described in Exhibit “A” to include a SC (Stream Corridor) overlay on the northeast corner of the site. The SC delineation shall be at the top of bank or 50 feet from the wetland, whichever is greater.

 

                       C.        Final adoption of amendments to the Newberg Transportation System plan as initiated by Resolution 2006-2661. The effective date of the UGB amendment is contingent upon final approval of amendments to the acknowledged Newberg Transportation System Plan as shown in the agreement by the parties but subject to any amendment to the agreement as the parties may approve.

 

                       D.        Upon future development of the property, the development shall contribute its share, based on traffic volume, of the future cost of capacity improvements to the Springbrook/99W intersection.

 

                       E.         Upon future development of the property, a refined traffic study will be required to determine the appropriate mitigation for the unacceptable levels of service at the Crestview Drive/Highway 99W intersection, and Crestview Drive/east-west connector intersection. No direct access to Highway 99W will be allowed, but the east-west connector on site could connect to a frontage road along the proposed bypass. If the bypass is not built then the east-west connector should connect to Benjamin Road as far north as possible.

 

                       F.         A wetland determination and delineation report, following state and federal standards, shall be prepared prior to development on the site. Development shall comply with applicable state and federal wetland standards.

 

                       G.        A thirty foot setback from the northern property line of the parcels described in Exhibit “A” is required for all future buildings on the site.

 

                       H.        A twenty foot wide dense buffer is required along the Benjamin Road commercial frontage of the site to block light, noise and sight. The buffer could include vegetative elements, a wall, and a berm.

 

                       I.          Future development of the property shall follow best management practices for storm drainage as outlined in the letter from James Bennett to the Yamhill County Board of Commissioners dated 1/30/06.

                       J.          Upon development, verify the capacity of the Fernwood Road sanitary sewer pump station and upsize if necessary. All public sewer lines must be gravity flow. Coordinate with DSL and the US Army Corps of Engineers regarding changes to the existing on-site stormwater drainage ways. Complete street frontage improvements along Highway 99W. The Crestview Drive extension from Oxberg Lakes to 99W must be in place at the time of development.

 

 

Adopted by the City Council of the City of Newberg, Oregon, this 2^nd day of January, 2007.