Ord. 2612 - Annexing 3.25 Acres at 8908 Parr Road NE.COUNCIL BILL NO. 3219
ORDINANCE NO. 2612
AN ORDINANCE ANNEXING APPROXIMATELY 3.25 ACRES OF TERRITORY GENERALLY
LOCATED AT 8908 PARR ROAD NE, MARION COUNTY, OREGON, INTO THE CITY OF
WOODBURN
WHEREAS, the subject property is owned by Joyce Hansen, and is legally
described and mapped in Exhibit "A", which is affixed hereto and by this
reference incorporated herein; and
WHEREAS, the subject property is Marion County Tax Lot 052W 130000900;
V T2 ._
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 23-01); and
WHEREAS, the applicant, Firenze Development Inc., obtained written
consent from the owner of the territory and has requested annexation of the
subject property; and
WHEREAS, the property to be annexed is within the City Urban Growth
Boundary (UGB); and
WHEREAS, the property to be annexed is contiguous to the City and can
be served with City services; and
WHEREAS, on April 13, 2023, the Woodburn Planning Commission
considered the annexation application and, after a duly advertised public
hearing, recommended approval of the annexation; and
WHEREAS, on June 12, 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,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Page - 1 - Council Bill No. 3219
Ordinance No. 2612
Section 1. That the subject property, legally described and mapped in
Exhibit "A", is annexed to the City of Woodburn.
Section 2. That the City Council adopts the Analysis & Findings, affixed
hereto as Exhibit "B" and by this reference incorporated herein.
Approved as to form: 2 2oa
City At ney Date
Approved: '2G
Frank Lonergy , Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
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ATTEST: �' `� �'" �' -Y)0�t
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page - 2 - Council Bill No. 3219
Ordinance No. 2612
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CAI T SUS VEYING A AID COATS ULTING INC.
EXHIBIT A
DECEMBER 8,2022 PROJECT NO.386-003
LEGAL DESCRIPTION
TRACT OF LAND TO BE ANNEXED INTO THE CITY OF WOODBURN
A TRACT OF LAND LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 13,TOWNSHIP 5 SOUTH,
RANGE 2 WEST,OF THE WILLAMETTE MERIDIAN,CITY OF WOODBURN,MARION COUNTY,OREGON,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE PROPERTY DESCRIBED IN DEED REEL 1919, PAGE
160,MARION COUNTY DEED RECORDS,ALSO BEING THE NORTHEASTERLY RE-ENTRANT CORNER OF
PARCEL 2 OF PARTITION PLAT NO.2017-054;
THENCE ALONG THE WEST LINE OF SAID DEED REEL 1919,PAGE 160 PROPERTY,ALSO BEING ALONG
AN EASTERLY LINE OF SAID PARCEL 2, AND THEIR NORTHERLY EXTENSION,NORTH 0°18'01"EAST,
564.02 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF PARR ROAD N.E.(COUNTY ROAD
517)BEING 60.00 FEET WIDE;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE OF PARR ROAD N.E., SOUTH 89°40'30"EAST,
280.89 FEET TO A POINT ON THE NORTHERLY EXTENSION OF THE EAST LINE OF SAID DEED REEL 1919,
PAGE 160 PROPERTY,ALSO BEING THE WESTERLY LINE OF PARCEL I OF PARTITION PLAT NO. 2022-
057,MARION COUNTY PLAT RECORDS;
THENCE ALONG SAID EXTENSION AND THE EAST LINE OF SAID DEED REEL 1919,PAGE 160 PROPERTY,
AND THE WESTERLY LINE OF PARCEL 1 OF PARTITION PLAT NO.2022-057,SOUTH 0°17'39"WEST,563.79
FEET TO THE SOUTHEAST CORNER OF SAID DEED REEL 1919,PAGE 160 PROPERTY,ALSO BEING THE
MOST EASTERLY NORTHEAST CORNER OF SAID PARCEL 2;
THENCE ALONG THE SOUTH LINE OF SAID DEED REEL 1919,PAGE 160 PROPERTY,ALSO BEING ALONG
THE MOST EASTERLY NORTHERLY LINE OF SAID PARCEL 2,NORTH 89°43'19"WEST, 280.94 FEET TO
THE POINT OF BEGINNING.
CONTAINING 3.64 ACRES,MORE OR LESS.
20330 SE Highway 212 * Damascus, OR 97089
[T] 503.850.4672 * [F] 503.850.4590
Y:\386-003\docs\386003—EXHIBIT-A.docx
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CMT SURVEYING AND CONSULTING
20330 SE HIGHWAY 212, DAMASCUS, OR 97089 - (503) 850-4672 FAX (503) 850-4590
CLIENT: FIRENZE DEVELOPMENT
ADDRESS: 8908 PARR RD. N.E. SCALE
LEGAL: ANNEXATION 100 0 50 100
DRAWN: RLMc
JOB NO: 386-003 -�-
1 INCH = 100 FEET
S89°40'30"E 280.89' -
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EXISTING
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POINT OF N89'43'19"W 280.94'
BEGINNING
EXHIBIT B
AREA TO BE ANNEXED INTO THE CITY OF WOODBURN
LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 13, TOWNSHIP 5 SOUTH, RANGE 2 WEST,
OF THE WILLAMETTE MERIDIAN, MARION COUNTY, OREGON
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
N000, Requirement (or guideline) met No action needed
Requirement (or guideline) not met Correction needed
1'{11 Requirement (or guideline) not applicable No action needed
• Requirement (or guideline) met with condition of
Modification or
approval
condition of
• Other special circumstance benefitting from approval required
attention
Location
Address 8908 Parr Road NE
Tax Lot 052W130000900
Nearest intersection Parr Road/Stubb Road
Land Use & Zoning
Comprehensive Plan Land Use Designation Medium Density Residential
Zoning District Nodal Medium Density Residential (RMN) upon
annexation
Overlay Districts Nodal Development Overlay
Existing Use Single-family dwelling farmstead
For context, the comprehensive plan land use map designations and zoning are illustrated, and
adjacent zoning is tabulated, on the following page.
EIIIC II...I IC
ANX 23-01&ZMC 23-01
8908 Parr Road Annexation
Staff Report Attachment 101
Page 1 of 8
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Comprehensive Plan land use map excerpt Zoning map excerpt
Cardinal Direction Adjacent Zoning
North n/a—outside city limits
East Nodal Single-Family Residential (RSN)
South n/a—outside city limits
West n/a—outside city limits
The Marion County Assessor property record does not provide a legal description for the
property. Staff surmises it is a legal lot of record.
Section references throughout this staff report are to the Woodburn Development Ordinance.
Statutory Dates
The application was submitted on January 13, 2023 and deemed complete as of February 10,
2023, making the 120-day decision deadline June 10, 2023.*
*However, the Assistant City Attorney had counseled staff on January 16, 2018 that an
annexation request is not subject to the 120-day deadline for final action per Oregon Revised
Statute (ORS) 227.178(8).
ANX 23-01&ZMC 23-01
8908 Parr Road Annexation
Staff Report Attachment 101
Page 2 of 8
Applicable Provisions
4.01 Decision-Making Procedures
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.
The application package consists of Type IV Annexation and Zoning Map Change. Per 4.01.07,
the applications are consolidated and reviewed at the Type IV level.
The provision is met.
5.04 Type IV(Quasi-Judicial) Decisions
5.04.01 Annexation
A. Purpose: The purpose of this Type IV review is to provide a procedure to incorporate contiguous
territory into the City in compliance with state requirements,Woodburn Comprehensive Plan,and
Woodburn Development Ordinance.
The subject property is contiguous with City limits. This staff report reviews the proposal for
compliance with the Woodburn Comprehensive Plan and WDO, both of which were
acknowledged by the state to be in compliance with statewide planning goals.
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 meeting for the proposal was held on July 6, 2022 (PRE 22-28).
C. Criteria:
1.Compliance with applicable Woodburn Comprehensive Plan goals and policies regarding
annexation.
Woodburn Comprehensive Plan
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;
ANX 23-01&ZMC 23-01
8908 Parr Road Annexation
Staff Report Attachment 101
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(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.
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.
(b) Providing an opportunity for the urban in-fill of vacant and under utilized property.
(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).
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.
Section G. "Growth Management and Annexation" of the Woodburn Comprehensive Plan
includes Annexation Goal G-2 and Annexation Policies G-2.1, G-2.2, and G-2.3. The applicant's
narrative provides the following response to this goal and associated policies (page 27):
The requested land use actions are to annex the site into the City of Woodburn and
change the Zoning Map designation of the site from UT-20 to RMN, consistent with the
City of Woodburn Comprehensive Plan. Since the property is included in the Nodal
Overlay District, the applicant has submitted a Master Plan to demonstrate how the site
can be developed to provide street connectivity and efficient provision of public facilities.
Staff concurs with the applicant.The annexation goals and policies are effectuated by the
annexation review criteria within the Woodburn Development Ordinance.
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.
The applicant's narrative provides the following response (page 14):
ANX 23-01&ZMC 23-01
8908 Parr Road Annexation
Staff Report Attachment 101
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The eastern boundary of the subject site is currently contiguous to the existing city limits
of Woodburn. The attached Service Provider Letter from the City of Woodburn Public
Works Department indicates that the City's public wastewater treatment facility and
public water treatment facility have the capacity to serve future development on the site
when it is annexed (see Exhibit 9). The submitted Master Plan illustrates that drainage
from the future development will be managed by an on-site stormwater facility (see
Exhibit 4).
Staff concurs with the applicant. Service provider letters from the City Engineer, the Woodburn
Fire District, and the Woodburn School District certifying there is capacity to serve the
development can be found in Attachment 103.
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:
1)The territory to be annexed should be contiguous to the City on two or more sides;
The subject property is contiguous to the City on the east side.There is currently another
annexation application in review for the adjacent property to the west/south, if approved then
the subject property would be contiguous on three sides.
2)The territory to be annexed should not increase the inventory of buildable land designated
on the Comprehensive Plan as Low or Medium Density Residential within the City to more
than a 5-year supply;
The applicant's narrative provides the following response (page 15):
The subject site is designated Medium Density Residential with a Nodal Development
Overlay on the Woodburn Comprehensive Plan Map. The attached Master Plan
demonstrates that 28 single-family attached and detached dwelling units can be
accommodated on the site (see Exhibit 4). The City's 2019-2039 Housing Needs Analysis
determined that 649 new medium density dwelling units are needed during the 20-year
planning period. Therefore, an average of 162 medium density units will need to be
developed every 5 years to meet the housing demand. The 28 units within the proposed
annexation territory only constitute 17.28%of the amount of medium density residential
units that need to be developed during the next 5 years. As such, the annexation of the
subject site is consistent with the above criterion, and the land supply is necessary to
address the identified need for additional medium density residential units.
Staff concurs.
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8908 Parr Road Annexation
Staff Report Attachment 101
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3)The territory proposed for annexation should reflect the City's goals for directing growth by
using public facility capacity that has been funded by the City's capital improvement program;
The applicant's narrative provides the following response (page 15):
The subject site is currently located within the City's Urban Growth Boundary (UGB). As
required, the City has prepared Sanitary Sewer, Storm, Water, Parks Master Plans to
determine what facilities are required to support the development of urbanizable land
within the UGB. As new development occurs, System Development Charges (SDCs) will
be collected and used by the City to fund needed public facility improvements. As
demonstrates by the attached Service Provider Letters, the City's Public Works
Department certifies that existing sanitary sewer and water facilities have the capacity
to accommodate the annexation territory. The attached Master Plan illustrates that
stormwater will be managed by an on-site facility.When the property is developed, the
additional SDCs will paid by the developer to continue to fund new improvements for
the existing park system, including Centennial Park,which is located approximately 650-
ft.to the east of the site.
Staff concurs. Additionally, the City has completed a significant amount of long-range planning
work for the southwest corner of Woodburn— both the Southwest Industrial Reserve Master
Plan (adopted via Resolution No. 2110 in December 2017) and the Nodal Master Plan (adopted
via Resolution No. 2124 in November 2018) outline the City's goals for development of this
area.
4)The site is feasible for development and provides either:
a) Completion or extension of the arterial/collector street pattern as depicted on the
Woodburn Transportation System Plan; or
b) Connects existing stub streets,or other discontinuous streets,with another public street.
The applicant's narrative provides the following response (page 16):
The attached Master Plan indicates that the proposed annexation territory connects to
several planned public street in the adjacent subdivision to the west and south of the site
(see Exhibit 4).Therefore,the proposed map amendments are consistent with the above
considerations.
Staff concurs.
5)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.
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Staff Report Attachment 101
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The applicant's narrative provides the following response (page 16):
Although City Council has not indicated that a substantial unmet need is associated with
the site, annexation of this territory does provide several public benefits to the
community.When the parcel to the east and south of the site is annexed with SUB 22-04,
the subject property will become an enclave that is surrounded by the city limits on 3
sides. Without the annexation of the subject property, the site's Parr Road frontage will
continue to be unimproved, resulting in a gap in the sidewalk system, reduced pavement
width, lack of street lighting along this segment of the roadway. As a result, bicyclist and
vehicles to share a single lane along this segment of the roadway, and pedestrians would
need to navigate along the narrow and dark shoulder of a Service Collector designated
street.
Staff generally concurs. In addition to filling in a potential "island" of unincorporated territory if
ANX 22-03 is approved for the adjacent property to the west/south, the subject property is
designated for residential development. Housing remains much needed in Woodburn and
across the state therefore the subject property would be able to contribute additional housing
stock for the community.
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.
The property is owned by a single owner—Joyce Hansen. The annexation petition form is
signed by Ms. Hansen as well as Mr. Ronald Jeffrey Boyes, who is listed as an elector residing on
the property. The Marion County Elections Office certified that these are the only electors
residing on the property.
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.
The Comprehensive Plan designates the subject property as Medium Density Residential and
within the Nodal Development Overlay. The territory will be assigned to the RMN zoning district
upon annexation.
F.The timing of public improvements is as follows:
1.Street dedication is required upon annexation.
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2. Dedication of public utility easements(PUE)is required upon annexation.
3.Street improvements are required upon development.
4.Connection to the sanitary sewer system is required upon development or septic failure.
5.Connection to the public water system is required upon development or well failure.
6.Connection to the public storm drain system is required upon development.
Street right-of-way, street improvements, and connections into public utility facilities will be
reviewed through a future development proposal for the site.
No0o' The Annexation provisions are 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.
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.
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.
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.
C. Delineation: Upon approval,a zone change shall be delineated on the Official Zoning Map by the
Director.A zone change subject to specific conditions shall be annotated on the Official Zoning Map
to indicate that such conditions are attached to the designation.
The landowner of the subject property is requesting annexation into City limits. By its very
nature, annexation of territory results in a change to the City limits boundary and the territory
being annexed must be assigned to one or more zoning districts.The Comprehensive Plan
designates the subject property as Medium Density Residential and within the Nodal
Development Overlay.The territory will be assigned to the RMN zoning district upon
annexation and the Zoning Map will be updated to reflect this.
No0o' The provisions are met.
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