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Ord. 2608 - Amending Zoning Map (2115 Molalla Rd. NE (CG))COUNCIL BILL NO. 3207 ORDINANCE NO. 2608 AN ORDINANCE AMENDING THE WOODBURN ZONING MAP TO DESIGNATE ZONING OF APPROXIMATELY 0.93 ACRES OF ANNEXED TERRITORY LOCATED AT 2115 MOLALLA ROAD NE, MARION COUNTY, OREGON, AS COMMERCIAL GENERAL (CG) ZONING DISTRICT WHEREAS, the subject properties are owned by Matveev Development LLC, and are legally described and mapped in Exhibit "A", which is affixed hereto and by this reference incorporated herein; and WHEREAS, the subject properties are composed of Marion County Tax Lots 051 W09B001000, 051 W09B001100, and 051 W09B001200; and WHEREAS, consistent with Oregon Revised Statutes (ORS) 222.1 1 1(2) the owner of real property in the territory to be annexed initiated by petition a proposal for annexation, a copy of the petition being on file with the City Recorder (ANX 22-04); and WHEREAS, because the subject properties are already within the Woodburn Urban Growth Boundary (UGB), they have an existing Comprehensive Plan map land use designation of Commercial; and WHEREAS, the landowner as applicant requested that, consistent with Woodburn Development Ordinance (WDO) 5.04.01.E., the City designate the newly annexed territory as Commercial General (CG), which is a zoning district that is consistent with the Comprehensive Plan per Policy Table 1; and WHEREAS, this zoning designation is contingent upon annexation of the subject properties to the City of Woodburn, for which the applicant has petitioned and filed the petition with the City Recorder; and WHEREAS, on February 9, 2023 the Woodburn Planning Commission considered the annexation application and, after a duly advertised public hearing, recommended approval of the annexation; and WHEREAS, on April 10, 2023, the Woodburn City Council held a public hearing, reviewed the record, heard all public testimony presented on said application, and upon deliberation concluded that the proposed annexation meets the applicable approval criteria under City of Woodburn Development Ordinance (WDO) 5.04.01 C; NOW, THEREFORE, Page - 1 - Council Bill No. 3207 Ordinance No. 2608 THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Upon the effective date of the annexation enacted by Ordinance 2607 being considered contemporaneously with this request, the Woodburn Zoning Map is hereby amended designating the zoning on the subject properties described and mapped in Exhibit "A" as Commercial General (CG). Approved as to form it, City Attorney Approv( Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: MV �t6� Heather Pierson, City Recorder City of Woodburn, Oregon Page - 2 - Council Bill No. 3207 Ordinance No. 2608 Date r!1 W--lf vv v� ►o�n l a�J , Z v z.3 A� & ao23 �d�zf Page I of 2 AKS ENGINEERING&FORESTRY,LLC 129,65 SW Herman Road,Suite 100,Tualatin,OR 97062 AKS Job#9438 P:(503)563-6151 1 wwwaks-eng,com ENGINEERING&FORESTRY OFFICES IN: BEND,OR - KEIIZER,OR - TUAIATIN,OR - VANCOUVER,WA EXHIBIT A Legal Description A portion of Lot 4 of the plat"Woodburn Fruit Farms", recorded as Volume 2, Page 20, Book of Town Plats, located in the Northeast One-Quarter of Section 9, Township 5 South, Range I West, Willamette Meridian, Marion County, Oregon, and being more particularly described as follows: Commencing at the northwest comer of said Lot 4, also being on the City of Woodburn city limits line;thence along the west line of said Lot 4 and said city limits line, South 01°35'17"West 695.84 feet to the Point of Beginning; thence continuing on said west line and said city limits lines South 01'35'17" West 272.32 feet to the northerly right-of-way line of Woodburn-Estacada Highway (State Highway 211)(50.00 feet from centerline); thence along said right-of-way line and said city limits line South 87'36'21" East 149.45 feet; thence leaving said right-of-way line and said city limits line, North 01'47'24" East 274.36 feet; thence North 88'23'15" West 150.40 feet to the Point of Beginning. The above described tract of land contains 0.94 acres, more or less. 11/18/2022 REGISTERED PROFESSIONAL LAND SURVEYOR 'IDREGC*4 JANUARY 11, 20105 ROBERT D. REM10 60124LS RENEWS: 12/31/22 EXHIBIT A PAGE 2 OF 2 A PORTION OF LOT 4 OF THE PLAT OF "WOODBURN FRUIT FARMS", LOCATED IN THE NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 5 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, MARION COUNTY, OREGON 1111114 All" i POINT OF COMMENCEMENT CK? NW CORNER LOT 4 �, 3 i in' 0 Ni LOT 3 N88 23'15"W 150.40' LOT 4 POINT OFM ODBURN BEGINNING WOT FARMS" CN M FRU N N VOL. 2, PG. 20 3 REEL 3875, u BOOK OF TOWN M' PAGE 305 PLATS N' REEL 3881, z PAGE 476 S87736'21"E 149.45' ullio WOODBURN-ESTACADA ILEI— CITY OF WOODBURN CITY LIMITS LINE HIGHWAY — — — — 11/18/2022 (STATE HWY 211) uiillllllll11°° REGISTERED PROFESSIONAL N LAND SURVEYOR OREGON JANUARY 11, 2005 PREPARED FOR SCALE: 1"=100 FEET ROBERT D. RETTIG 60124LS MATVEEV DEVELOPMENT, LLC RENEWS: 12/31/24 31696 S ONA WAY MOLALLA, OR 97038 100 0 20 50 100 AKS ENGINEERING & FORESTRY, LLC DATE:11 A8 12022 12965 SW HERMAN RD, STE 100ANNEXATION MAP DRWN: MEB CHKD: RDR TUALATIN, OR 97062 AKS JOB: EXHIBIT 503.563.6151 WWW.AKS—ENG.COM 9438 A DWG:9438 ANNEX EXHB_UPDATE I LAYDUTI