Order No. 2007-0003

 

1.                  On August 25, 2006 NewB Properties LLC submitted concurrent applications for: an urban growth boundary amendment; comprehensive plan amendment to COM (commercial), HDR (high density residential), MDR (medium density residential), LDR (low density residential); annexation; and zoning amendment to C-2 (community commercial), R-3 (high density residential), R-2 (medium density residential) and R-1 (low density residential) for property located at 4505, 4813, 4821 & 4825 E. Portland road, Yamhill County tax lots 3216-900, -1000, -1100.   

 

2.                  Due to testimony and deliberations at the NUAMC (Newberg Urban Area Management Commission) meeting on November 30, 2006 and December 6, 2006, the applicant revised his request to consist of a comprehensive plan amendment to COM (commercial), MDR (medium density residential), LDR (low density residential)), and a zoning amendment to C-2 (community commercial), R-2 (medium density residential) and R-1 (low density residential).   

3.                  The urban growth boundary amendment and revised comprehensive plan amendment were heard and approved by Newberg City Council on January 2, 2007.

 

4.                  The Newberg Planning Commission heard the annexation and zoning amendment on January 11, 2007, and recommended approval per Resolution No. 2007-229. 

 

5.                  After proper notice, on February 20, 2007, the Newberg City Council held a hearing to consider the annexation and zoning amendment requests. 

 

6.                  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 City Council finds that the annexation and zoning amendment meet the Newberg Development Code criteria and adopts the findings, which are attached hereto as Exhibit “A” and incorporated herein by reference.

 

2.                  Annexation requires the City Council to adopt an ordinance annexing the property, and requires approval at a public vote. If the annexation is approved through these procedures, then the City orders the following:

 

A.                 The zoning of the property described in Exhibit “C” is changed to portions of R-1 (low density residential), R-2 (medium density residential) and C-2 (community commercial) as shown on the map in Exhibit “D.” 

 

3.                  This order is subject to the following:

 

A.                 Annexation of these properties cannot go to a public vote until official adoption of the urban growth boundary (UGB) amendment is complete. The UGB amendment is contingent on Yamhill County adopting the same urban growth boundary and comprehensive plan changes. The effective date of the UGB amendment is contingent upon the final approval and adoption of amendments to the acknowledged Newberg Transportation System Plan as initiated by Resolution 2006-2661 and as shown in the agreement by the parties but subject to any amendment to the agreement as the parties may approve.   

B.                 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 Rd/Hwy 99W intersection. 

C.                 A refined traffic study will be required upon future development. 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. The traffic study should determine the appropriate mitigation for the unacceptable levels of service at the Crestview Drive/Highway 99W intersection, Crestview Drive/east-west connector intersection.

D.                 A 30 ft building setback along the north property line will be required upon development of the site. 

E.                  A 20 foot wide dense buffer will be 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.

F.                  The SC (stream corridor) overlay on the NE corner of the site shall be delineated at the top of bank or 50 feet from the wetland, whichever is greater. 

G.                 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.

H.                 Development 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.

I.                    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 Hwy 99W and Benjamin Road. The Crestview Drive extension from Oxberg Lakes to 99W must be in place at the time of development

J.                   Existing homes to connect to sewer and water or be removed within two years of annexation.

K.                The water line along the eastern edge of taxlot 3216-900 will need to be located at the time of development. The water service will need to be protected, and an easement for the water line may be required.

 

Adopted by the City Council of the City of Newberg, Oregon, this 20^th day of February, 2007.