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Ord. 2617 - Annexing 6 Acres of Right of Way Parr Rd and Butteville RdCOUNCIL BILL NO. 3228 ORDINANCE NO. 2617 AN ORDINANCE ANNEXING APPROXIMATELY SIX ACRES OF RIGHT-OF-WAY GENERALLY LOCATED AT PARR ROAD AND BUTTEVILLE ROAD INTO THE CITY OF WOODBURN WHEREAS, the subject property is publicly owned, and is legally described and mapped in Exhibit "A", which is affixed hereto and by this reference incorporated herein; and WHEREAS, the City of Woodburn, with concurrence from Marion County, initiated by petition a proposal for annexation of the subject property, a copy of the petition being on file with the City Recorder (ANX 22-05); and WHEREAS, because the subject property to be annexed is within the Woodburn Urban Growth Boundary (UGB), it has an existing Comprehensive Plan map land use designation of Southwest Industrial Reserve (SWIR); and WHEREAS, the properties to be annexed are contiguous to the City and can be served with City services; 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 May 22, 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: 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: - � !l "�l l L City Attorney Dat Page - 1 - Council Bill No. 3228 Ordinance No. 2617 Approved: Frank Lonerga :rMayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson, City Recorder City of Woodburn, Oregon Page - 2 - Council Bill No. 3228 Ordinance No. 2617 Exhibit A N Northwest REGISTERED PROFESSIONAL SURVEYORLAND IS 15 NW 169'Place,Suite 2090 Beaverton,OR.97006 i Telephone:503-848-2127 � �� -r1 � QR ON JANUMY 1 CUMN H. ® J Exhibit A REHM. 06/30/24 Annexation Description uttevilte Road Corridor August 4,2023 ITS Project Number 2575 Page I of 2 A tract of land being a portion of the right-of-way of 13utteville Road NE and a portion of the right- of-way of Interstate I4ighway No. 5,located in the southeast one-quarter of Section 14, 'Township 5 South,Lange 2 Nest,Willamette Meridian,Marion County,Oregon,and being more particularly described as follows: Commencing at a 3-inch brass disk located at the northeast corner of the Joseph Matte D.L.C.No. 57, said point being on the centerline of Butteville Load NE, and said point bears North 01°59'47" East 1736.79 feet from a 3/4 inch iron pipe marking the intersection of Butteville Road NE and Parr Road; Thence along the centerline of 13utteville Road NE,South 01°5947"'gest 677.10 feet to the Point of Beginning; Thence perpendicular to the centerline of said 13utteville Road NE, South 88'00'13"East 104.07 feet to an angle point on the easterly right-of-way line of Eutteville Road NE;Thence along the easterly right-of-way of 13utteville Road NE, South 88°08'02"East 93.75 feet to its intersection with the northwesterly night-of-way line of Interstate Highway No. 5 (174.00 feet northwesterly from the centerline thereof,when measured at right angles);Thence along said northwesterly right- of-way line, South 37°28'32"Nest 159.30 feet;Thence departing said northwesterly right-of-way line, South 01°25'33"West 465.60 feet to a point at the intersection of the easterly right-of-way line of Butteville Road NE (110.00 feet easterly from the centerline thereof when measured at right angles) and the southeasterly tight-of-way line of Interstate Highway No. 5 (100.00 feet southeasterly from the centerline thereof,when measured at right angles);Thence along said easterly right-of-way line, South 01°59'47"Test 182.04 feet to an angle point thereon; Thence continuing along said easterly right-of-way line, South 12'52'55"West 132.38 feet to a point located 85.00 feet easterly from the centerline thereof,when measured at right angles;Thence continuing along said easterly right-ofway line parallel with the centerline thereof and 85.00 feet easterly from said centerline,when measured at right angles, South 01°59'47"West 122.38 feet to its intersection�Arth the northerly right-of-way line of Parr Road(30.00 feet northerly from the centerline thereof,when measured at right angles);Thence South 01°51'58"Test 60.00 feet to a point on the southerly right-of-way line of Parr Road(30.00 feet southerly from the centerline thereof,when measured at right angles); Thence along the southerly right-of-way lane of said:Parr Road,North 88'08'02"West 5,10 feet to its intersection with the easterly fight-of-way line of 13utteville Road NE(80.00 feet easterly from the centerline thereof,when measured at right angles); Exhibit A Annexation Description Butteville Road Corridor August 4,2023 NWS Project Number 2575 Page 2 of 2 Thence along said easterly right-of-way line parallel with the centerline thereof and 80.00 feet easterly from said centerline,when measured at right angles,South 01°55'58"West 87.61 feet to an angle point thereon;Thence continuing along said easterly right-of-way line, South 07°38'39"West 200.98 feet to an angle point thereon, said point being 60.00 feet easterly from the centerline thereof,when measured at right angles; Thence continuing along said easterly right-of-way line, South 18'38'15"West 104.37 feet to a point located 30.00 feet easterly from the centerline thereof, when measured at right angles;Thence departing said easterly right-of-way line,North 88°04'02" West 60.00 feet to a point on the westerly right-of-way line of Butteville Road NE(30.00 feet westerly from the centerline thereof,when measured at right angles);Thence along said westerly right-of-way line,North 07°31'32"West 304.26 feet to an angle point thereon said point being 80.00 feet westerly from the centerline thereof,when measured at right angles; Thence continuing along said westerly right-of-way line,North 02°18'41"West 286.29 feet to its intersection with the southeasterly right-of-way line of Interstate Highway No. 5 (100.00 feet southeasterly from the centerline thereof,when measured at right angles);Thence departing said westerly right-of-way line,North 02°05'23"East 473.16 feet to the intersection of the northwesterly right-of-way line of Interstate Highway No. 5 (174.00 feet northwesterly from the centerline thereof,, when measured at right angles)and the westerly right-of-way line of Butteville Road NE;Thence along the westerly right-of-way line of Butteville Road NE,North 06°17'08"East 141.75 feet to an angle point thereon said point being 90.00 feet westerly from the centerline thereof,when measured at right angles; Thence continuing along said westerly right-of-way line,North 13°18'23"East 101.98 feet to a point located 70.00 feet westerly from the centerline thereof,when measured at right angles;Thence continuing along said westerly right-of-way line parallel with the centerline thereof and 70.00 feet westerly from said centerline,when measured at right angles,North 01'5947"East 75.00 feet to an angle point thereon; Thence continuing along said westerly right-of-way line,North 10°59'54" West 66.71 feet to an angle point thereon said point being 85.00 feet westerly from the centerline thereof,when measured at right angles; Thence continuing along said westerly right-of-way line, North 1203658"East 37.77 feet;Thence departing said westerly right-of-way line, South WOW 13"East 78.04 feet to the Point of Beginning. The above described tract of land contains 6.16 acres,more or less. The basis of bearings for this description is the Oregon State Plane Coordinate System,North Zone, NAl?83(2011)epoch 2010.00. -- m--- POINT OF COMMENCEMENT N T CORNER OF JOSEPH MAM D.I.C. NO. 57 POINT OF BEGINNING EXHIBIT B TAX LOT 600LOCATED IN THE SE i 6 °13�E a AP 05-2 —14 ! 76.04' f i S66 00°13`E -06°02"E ! E i , T 5 HIP N12°36°56°E--� na . 104.07' 93w7 SOUTH, RANGE 2 WEST, ®' 37.77° � � �� .., .�. MARIONo OREGON WIDTH MDTH N10'S9°54m VARIES VARIES DATE: AUGUST 4, 2023 � 66.71' .4,9. --ANNEXA110N BOUNDARY 52 p ,. ® P,.., RE�6 EKED a , P FESSINAL roS RVEYC�R eras d uj VARIES ' /''��° OREGON JANUARY 15, 20 CU OH H. STUB® JR. cc r4 cz 55469Ls RENEWS- 06/30/24 ,�,y��Vrlp��p,,�yy``` ��u�j�.��` _P �jI,��p( ff�p�',�,��I WY f011ll9 W�1 l'7--. A-N6 0 '�! /00- 0®, �! SC AJE �99 — 100 FEET "RT 6.143 AC R8 ! R ABEDFOR. ! JOB NAME: BUMLLE ANNEX / CITY OF WOODBURN JOB NUMBER: 2575 ✓ 190 GARFIELD STREET DRAWING NUMBER: 2575 EIDIT IWOODBURN, OR 97071 `® DRAWN DY: CHS CHECKED DY® SFF CIA ,e 110NORTHWEST' 1515 NW 16M PLACE, SUITE 2090 BEA TON, OR 97006 HHINE.503-6 —2127 SEE PAGE 2 _ PARR R0 A DSURVEYING, EA) 503-848-2179 Inc. nwsurveyfngGnwsrv]4com SEE PAGE I EXHIBIT B LOCATED IN ' SEC11ON 14, TOWNSHIP 5 110' T ' g MARION AUGUSTDATE 4, 2023 . 1mI N ' �� o 616 ACRE- r" WIDTH a� u VARIES =v REGISTERED PROFESSIONAL 1 zc� Vkk' e D SURVEYOR D �� .. .a P ; VARIES �m � JAN OREGON 2001, m Lai CUNTON H. STUBBS JR. ROT—OF—WAY AY UNE 5546 LS 1RENEWS. 46/30/24 t 9 — ---�S®1°51'56' ° 60.00C 1" _ 100 FEET mm 7!_5 ` a - a I $0 N66'06'020W 5.10' a S015556" i 67.61' WIDTH VIES VARIES PREPARED F JOB NAME: 6U MLLE ANNEX '— CGTY OF WOODBURN JOB NUMBER: 2575 Lo �: 190 G R STREET TAX LOT Q °� AP 05-2W-14 WOODBURNy 97071 DRA NG NUMBER: 2575 dRBT ' DRAM BY: CHS 0 CHECKED BY: SF NORTHWEST e I � � 1615 NW 169th PLACE, C SUITE 2090 6EAVERTON, OR 9706 \ PHONE:503-648-2127 RI T—OF— AY3o, RIGHT—OF—WAY UNESFAX:503-848-2179 UNE 30'i N '04'02®W 60.00' Inc. n survey!ng ws .corn e Exhibit B 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 Requirement (or guideline) met No action needed Requirement (or guideline) not met Correction needed Requirement (or guideline) not applicable No action needed • Requirement (or guideline) met with condition of approval Modification or condition of • Other special circumstance benefitting from approval required attention Location Address Butteville/Parr Rd Public Right-of-Way (ROW) TaxLots .... .... ....X .... .... .... .... .... .... .... .... .... .... .... .... Nearest intersection Butteville/Parr Rd Land Use & Zoning Comprehensive Plan Land Use Designation None-adjacent to Light Industrial, SWIR Zoning District Southwest Industrial Reserve (SWIR) upon annexation Overlay Districts Interchange Management Area Overlay Existing Use ODOT/County overpass over Interstate 5 For context, the comprehensive plan land use map designations and zoning are illustrated in figures 1 and 2 on the following page. ANX 22-05&ZMC 22-05 Butteville/Parr Rd Annexation Staff Report Attachment 101 Page 1 of 14 SITE I \, i SITE Il w�llllllll II I 1 Illlllliw�lllllllll � mWwuw, wmwwww�,wwlwww�ww I w i / jI^ // � mmwuuuwuumrw '. � I Iwll wwwm iwll I Iwwmlo '� � uuuwvu'ww�lwwwwwwwwwuuwww�u i j tw ww w r '� ,,. wl Iwu �u mm I' wwu muuwwww Fig.1.Comprehensive Plan land use map excerpt Fig.2.Zoning map excerpt ANX 22-04&ZMC 22-04 2115 Molalla Road Annexation Staff Report Attachment 101 Page 2 of 14 The adjacent zoning is tabulated below: Cardinal Direction Adjacent Zoning North SWIR East SWIR South Outside UGB West Outside UGB The contracted surveyor described the tract of land as 6.13 acres more or less. Section references throughout this staff report are to the Woodburn Development Ordinance. Statutory Dates The application was submitted on March 29, 2023 and deemed complete as of April 5, 2023. ANX 22-05&ZMC 22-05 Butteville/Parr Rd Annexation Staff Report Attachment 101 Page 3 of 14 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. 4.01.01 Legislative Hearing Process A. Purpose: Legislative actions involve the adoption or amendment of the City's land use regulations,comprehensive plan,Official Zoning Map, or some component of these documents. B. Planning Commission Recommendation: 1. The Planning Commission shall hold at least one public hearing before recommending action on a legislative proposal.Any interested person may appear and provide written or oral testimony on the proposal at or before the hearing.The Director shall notify the Oregon Department of Land Conservation and Development(DLCD) at least 35 days before the first hearing,or as required by the post-acknowledgment procedures of ORS 197.610 to 197.625,as applicable. 2. Once the Planning Commission hearing has been scheduled and noticed,the Director shall prepare and make available a report on the legislative proposal at least seven days before the hearing. 3. At the conclusion of the hearing,the Planning Commission shall adopt a recommendation on the proposal to the City Council.The Planning Commission shall make a report and recommendation to the City Council on all legislative proposals. If the Planning Commission recommends adoption of some form of the proposal,the Planning Commission shall prepare and forward to the City Council a report and recommendation to that effect. Planning commission is schedule to hear this application proposal on April 27, 2023. The provision is met. ANX 22-05&ZMC 22-05 Butteville/Parr Rd Annexation Staff Report Attachment 101 Page 4 of 14 C. City Council Action: Upon receiving a recommendation from the Planning Commission on a legislative action,the City Council shall hold at least one public hearing on the proposal.Any interested person may provide written or oral testimony on the proposal at or prior to the hearing.At the conclusion of the hearing,the City Council may adopt, modify or reject the legislative proposal,or it may remand the matter to the Planning Commission for further consideration. If the decision is to adopt at least some form of the proposal,and thereby enact or amend the City's land use regulations,comprehensive plan, Official Zoning Map or some component of any of these documents,the City Council decision shall be enacted as an ordinance. City Council is scheduled to hear the Planning Commission's recommendation on May 22, 2023. A Notice of Final Decision to DLCD: Not later than five working days following the City Council's final decision,the Director shall mail notice of the decision to DLCD in accordance with ORS Chapter 197. The provision is met. 4.01.01 Objections to Procedure Any party who objects to the procedure followed in any particular matter, including bias,conflict of interest and undisclosed ex-parte contacts, must make a procedural objection before the City renders a final decision. Procedural objections may be raised at any time before a final decision, after which they are deemed waived. In making a procedural objection,the objecting party must identify the procedural requirement that was not properly followed and identify how the alleged procedural error harmed that person's substantial rights. 4.01.02 Pre-armlication Conference A. Applicability: Prior to submitting an application,the requestor or potential applicant shall request a pre-application conference with City staff to discuss the proposal before submitting any land use application, except as the Director exempts.A pre-application conference is advisory in nature. B. Purpose:The purpose of a pre-application conference is to provide staff from all affected City departments the opportunity to provide the applicant with information on the likely impacts, limitations, requirements,approval standards,fees and other information that may affect the proposal.The Director shall provide a written summary of the pre-application conference. C. Requirements for a Pre-application Conference:To schedule a pre-application conference, a complete City application,accompanying information,and filing fee must be submitted to the Director. A No Waiver of Requirements: Notwithstanding any representations by City staff at a pre- application conference,staff is not authorized to waive any requirements of the Woodburn ANX 22-05&ZMC 22-05 Butteville/Parr Rd Annexation Staff Report Attachment 101 Page 5 of 14 Development Ordinance and any omission or failure by staff to recite to an applicant all relevant applicable land use requirements shall not constitute a waiver by the City of any standard or requirement. 4.01.03 Public Notices All public notices issued by the City for decisions shall comply with the requirements of this Section. A. Mailed Notice. 1. Type II: N/A 2. Type III or IV: Notice for all initial public hearings concerning Type III and IV decisions shall conform to the requirements of this subsection.At least 10 days before the initial public hearing,the Director shall prepare and send, by mail, notice of the hearing to all record owners of property within 250 feet of the subject property and to any City- recognized neighborhood association whose territory includes the subject property. If an application would change the zone of property that includes any part of a mobile home or manufactured dwelling park, notice shall also be mailed to the tenants at least 20 days before but not more than 40 days before the initial public hearing. Notice of the application hearing shall include the following information: a. The time,date and location of the public hearing; b. The street address or other easily understood location of the subject property and city assigned planning file number; c. A description of the applicant's proposal,along with a list of citations of the approval criteria that the City will use to evaluate the proposal; d. A statement that any interested party may testify at the hearing or submit written comments on the proposal at or before the hearing, and that a staff report will be prepared and made available to the public at least seven days prior to the hearing; e. A statement that any issue which is intended to provide a basis for an appeal to the City Council must be raised before the close of the public record. Issues must be raised and accompanied by statements or evidence sufficient to afford the City and all parties to respond to those issues; f. A statement that the application and all supporting materials and evidence submitted in support of the application may be inspected at no charge and that copies may be obtained at reasonable cost at City Hall during normal business hours; g. The name and telephone number of the Planning staff person responsible for the application or who is otherwise available to answer questions about the application; and h. A statement advising that ADA access may be accommodated, upon receipt of timely request. ANX 22-05&ZMC 22-05 Butteville/Parr Rd Annexation Staff Report Attachment 101 Page 6 of 14 Notice was mailed in compliance with this section on April 14, 2023. B. Posted Notice: Notice of an initial public hearing for a Type III or IV decision shall be posted on the subject property as follows: 1. The applicant shall post on the site at least one (1) notice signboard provided by the Director for that purpose.The signboard shall be posted in a conspicuous place visible to the public on or in the vicinity of the property subject to the application.The signboard shall state with minimum two(2)inch high letters the case file number and the telephone number where City staff can be contacted for more information. 2. The applicant shall post a notice on each frontage of the subject property. If the property's frontage exceeds 600 feet, one copy of the notice shall be posted for each 600 feet or fraction thereof. Notices shall be posted within ten feet of the street and shall be visible to pedestrians and motorists. 3. The notice shall be posted at least 10 days prior to a public hearing. Once posted, the applicant need not maintain a posted notice. The applicant, upon posting shall certify that the property has been properly posted. 4. The applicant shall remove all signs within ten days following the event announced in the notice. Notice was posted on April 17, 2023 at the subject location. C. Published Notice:The Director shall publish a notice of a Type IV or V public hearing as described in this subsection, unless otherwise specified by statute.The notice shall be published in a newspaper of general circulation within the City at least 7 days prior to the hearing.Such notice shall consist of: 1. The time,date and location of the public hearing; 2. The address or other easily understood location of the subject property; 3. A City-assigned planning file number; 4. A summary of the principal features of the application or legislative proposal; 5. A statement that any interested party may testify at the hearing or submit written comments on the proposal at or before the hearing; 6. The name and telephone number of the Planning staff person responsible forthe proposal; 7. A statement advising that ADA access may be accommodated, upon receipt of a timely request;and 8. Any other information required by statute. Notice was published in the Woodburn Independent weekly newspaper on April 12, and April 191h in compliance with this section. ANX 22-05&ZMC 22-05 Butteville/Parr Rd Annexation Staff Report Attachment 101 Page 7 of 14 A Notice to Affected Agencies and Neighborhood Associations: 1. At least 10 days before the initial public hearing(Type III or IV) notice must be sent to any City-recognized neighborhood association whose territory includes the subject property. 2. At least 20 days before an initial public hearing(Type III & IV) or decision (Type II)for applications requiring submittal of a Transportation Impact Analysis notification shall be provided to the affected transportation facility and service providers(City,County, and State). 3. At least 20 days before an initial public hearing for a legislative decision (Type V) notice shall be sent to affected governmental entities (special districts, County,and State). 4. At least 20 days before an initial public hearing for a legislative decision (Type V)to any affected recognized neighborhood associations and any party who has requested in writing shall receive such notice. Notice was mailed to affected agencies on April 7th, 2023. 4.01.15 Quasi-Judicial Hearing Process A. Applicable Procedures:All public hearings pertaining to Type III and IV permits,whether before the Planning Commission, Design Review Board,or City Council, and any appeal or review for a Type II, III or IV permit, shall comply with the procedures of this Section. In addition,all public hearings shall comply with the Oregon Public Meetings Law,the applicable provisions of ORS 197.763 and any other applicable law. B. Scheduling: Once the Director determines that an application for a Type III or IV decision is complete,the Director shall schedule a hearing before the Planning Commission or Design Review Board, as applicable. If the Director has doubt about which type of procedure is applicable to a particular application,the application shall be processed pursuant to the procedure that provides the greater opportunity for public review. Once the Director determines that an appeal of a Type II or Type III decision has been properly filed,or that the City Council has called the decision up for review,the Director shall schedule a hearing before the City Council. This topic is scheduled to be presented at the Planning Commission and City Council hearings on April 27th and May 22nd, 2023. C. Public Hearing Notice: Notice of the hearing shall be issued as provided by this Ordinance. Notice was mailed, posted, and published in accordance with this Ordinance. ANX 22-05&ZMC 22-05 Butteville/Parr Rd Annexation Staff Report Attachment 101 Page 8 of 14 A Staff Report:The Director shall prepare a staff report on the application which lists the applicable approval criteria, describes the application and the applicant's development proposal, summarizes all relevant City department,agency and public comments,describes all other pertinent facts as they relate to the application and the approval criteria,concludes whether each of the approval criteria are met and makes a recommendation to approve, approve with conditions,or deny the application. This addendum is part of the staff report in compliance with this section. ........... ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. .............. 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. As a city-initiated annexation, no pre-application was required. C. Criteria: 1.Compliance with applicable Woodburn Comprehensive Plan goals and policies regarding annexation. 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: ANX 22-05&ZMC 22-05 Butteville/Parr Rd Annexation Staff Report Attachment 101 Page 9 of 14 The proposed territory for annexation is contiguous to the City to the north, including portions of Butteville Road directly to the north that area already annexed into the City.Tax Lots 200 and 600 of Map 052W14 area already annexed territory, as are the abutting portions of Butteville Road. The application materials include a letter from the City Engineer certifying that there are no capacity issues with public water or sanitary sewer facilities resulting from the annexation of the public right of way for the proposed territory. However, it should be noted that the proposed annexation of portions of the Butteville Road right-of-way does not include future development property or impact upon public facilities until such future date that proposed improvements of Butteville Road may be proposed. The site is surrounded on all two sides by territory within City limits. While this application is simply for annexation and does not include any development proposal,the application materials include a service provider letter from the City Engineer certifying there is capacity to serve the development. 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: The applicant's narrative provides the following response: This criteria does not apply.The proposed annexation territory is not designated for residential or community uses but rather shall have a Southwest Industrial Reserve (SWIR) and Interchange Management Area Overlay designation upon annexation, and these criteria are not applicable. Staff generally concurs with the applicant.The default zoning district to be applied to the site will be Southwest Industrial Reserve (SWIR) and Interchange Management Area Overlay. b. Lands designated for commercial,industrial and other uses should demonstrate substantial conformance to the following criteria: 1) The proposed use of the territory to be annexed shall be for industrial or other uses providing employment opportunities; 2) The proposed industrial or commercial use of the territory does not require the expansion of infrastructure, additional service capacity,or incentives that are in excess of the costs normally borne by the community for development; The applicant's narrative provides the following response: ANX 22-05&ZMC 22-05 Butteville/Parr Rd Annexation Staff Report Attachment 101 Page 10 of 14 The proposed annexation does not require expansion of infrastructure (water, sewer) to serve the existing roadway network.The proposed annexation does not increase industrial or commercial uses/development and therefore expansion or improvements to the roadway infrastructure is not triggered by the proposed annexation nor does it require additional service capacity. This criterion is met. 3)The proposed industrial or commercial use of the territory provides an economic opportunity for the City to diversify its economy. The applicant's narrative provides the following response: The proposed annexation area does now and will continue to serve industrial lands for the City. Butteville Road abuts Southwest Industrial Reserve (SWIR) zoned land within the City of Woodburn to the north and east and future SWIR land in the City's Urban Reserve Area (URA) which may, at a future date, be brought into the City's Urban Growth Boundary and annexed into the City. Staff generally concurs with the applicant.The default zoning district to be applied to the site will be SWIR. The provision is met. 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. 2. If an annexation is initiated by property owners of less than half of property to be annexed, after holding a public hearing and if the City Council approves the proposed annexation,the City Council shall call for an election within the territory to be annexed.Otherwise no election on a proposed annexation is required. The site (ROW) is publicly owned and is currently under the jurisdiction of Marion County. The County has consented to this annexation application. 3.The City may initiate annexation of an island (ORS 222.750),with or without the consent of the property owners or the resident electors.An island is an unincorporated territory surrounded by the boundaries of the City. Initiation of such an action is at the discretion of the City Council. N/A ANX 22-05&ZMC 22-05 Butteville/Parr Rd Annexation Staff Report Attachment 101 Page 11 of 14 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. While the Comprehensive Plan designates the surrounding properties SWIR. The territory will be assigned to the SWIR zoning district upon annexation. F.The timing of public improvements is as follows: 1.Street dedication is required upon annexation. 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. This is public right-of-way and does not require any public improvements. The provision is 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. The applicant's narrative provides the following response: The proposed annexation area does now and will continue to serve industrial lands for the City. Butteville Road abuts Southwest Industrial Reserve (SWIR) zoned land within the City of Woodburn to the north and east and future SWIR land in the City's Urban Reserve Area (URA) which may, at a future date, be brought into the City's Urban Growth Boundary and annexed into the City. As directed by Council motion at their December 12, 2022 meeting,the City finds that in order to participate in and be a decision body for future traffic mitigation and short and long-term improvements to Butteville Road, and in order to efficiently and effectively collect proportional share fees and additional fund sources to future improvements, the City has determined that local control within the Woodburn city limits is justified. 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. The applicant's narrative provides the following response: ANX 22-05&ZMC 22-05 Butteville/Parr Rd Annexation Staff Report Attachment 101 Page 12 of 14 The proposed annexation area does now and will continue to serve industrial lands for the City. Butteville Road abuts Southwest Industrial Reserve (SWIR) zoned land within the City of Woodburn to the north and east and future SWIR land in the City's Urban Reserve Area (URA) which may, at a future date, be brought into the City's Urban Growth Boundary and annexed into the City. 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. The applicant's narrative provides the following response: The proposed annexation does not increase industrial or commercial uses/development and therefore expansion or improvements to the roadway infrastructure is not triggered by the proposed annexation nor does it require additional service capacity.The roadway classification as identified in the Woodburn TSP shall apply, if annexation and zone change are approved, and no amendments to the TSP or land use designations is proposed. 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 applicant's narrative provides the following response: The Comprehensive Plan map designates the subject ROW as under the Southwest Industrial Reserve (SWIR) zone.The WDO requires zoning to apply to the center of a street ROW and the applicant concurs with the assignment of the SWIR zoning to the ROW, if the annexation is approved. The provisions are met. ANX 22-05&ZMC 22-05 Butteville/Parr Rd Annexation Staff Report Attachment 101 Page 13 of 14 .......... ............ ............ ............. ........... ................. ....... ............ ...........I ............ ................. ................................... 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; (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: Incorporating the Butteville/Parr Right-of-Way intersection into City limits fulfills the City's plan to accommodate additional industrial land needs in this part of the City. V This goal is met. ANX 22-05&ZMC 22-05 Butteville/Parr Rd Annexation Staff Report Attachment 101 Page 14 of 14