Order No. 2008-0015

 

1.                  On April 1, 2008 Bruce and Valerie Thomas submitted an application to annex one parcel (approximately 5.3 acres) into the City of Newberg with a concurrent zone change to R-1 (Low Density Residential), R-2 (Medium Density Residential) and C-2 (Community Commercial) for property located at 4821 & 4825 E. Portland Road, Yamhill County tax lot 3216-900.

 

2.                  The Newberg Planning Commission heard the annexation and zoning amendment on June 12, 2008, took public testimony, and continued the hearing to July 10, 2008 to allow ODOT time to review the supplemental traffic study and revised findings. The Planning Commission continued the hearing on July 10, 2008, reviewed the supplemental traffic study and revised findings, reviewed ODOT’s comment that they had no further objections to the annexation request, and recommended approval of the annexation as conditioned and placement on the November 4, 2008 ballot per Resolution 2008-253. The annexation of this property is conditional on the approval of the annexations of the Gish parcel and Kimball parcel to the west

 

3.                  After proper notice, on August 4, 2008, the Newberg City Council held a hearing to consider the annexation and zoning amendment request.

 

4.                  The City Council finds that the applicable criteria have been met as conditioned, 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 as conditioned and adopts the findings, which are attached hereto as Exhibit “A”. Exhibit “A” is hereby adopted and by this reference incorporated.  

 

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 “E”. Exhibits “C” and “E” are hereby adopted and by this reference incorporated.

 

3.         This order is subject to the following:

 

    A.        Annexation of the Thomas property is conditional on the approval of the adjacent Kimball property and Gish property annexation requests by the voters

   B.         A refined traffic study out to year 2025 will be required upon development showing the actual development proposed at that time. No direct access to Highway 99W will be allowed. The traffic study should refine the existing study based on the actual development proposal and determine the number of trips that this development would add to the Springbrook/Hwy 99W intersection.

   C.        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. 

   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.       The location and protection of the Svendsen private water line is a private matter between the Thomases and Mrs. Svendsen. Upon development, the property owner shall discuss this issue with Mrs. Svendsen or subsequent owner to seek a mutually acceptable solution.   

  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. Complete street frontage improvements along Hwy 99W and Benjamin Road. The Crestview Drive extension from Oxberg Lakes to 99W, and the eastward extension of Gueldner Drive, 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.