Ord. 2610 - Annexing approx. 40.93 acres at 8708 Parr Rd w attach COUNCIL BILL NO. 3209
ORDINANCE NO. 2610
AN ORDINANCE ANNEXING APPROXIMATELY 40.93 ACRES OF TERRITORY GENERALLY
LOCATED AT 8708 PARR ROAD NE, MARION COUNTY, OREGON, INTO THE CITY OF
WOODBURN
WHEREAS, the subject property to be annexed is owned by Kalugin Family
Trust, and is legally described and mapped in Exhibit "Al", which is affixed hereto
and by this reference incorporated herein; and
WHEREAS, the adjacent Parr Road right-of-way to be annexed is legally
described and mapped in Exhibit "A2", which is affixed hereto and by this reference
incorporated herein; and
WHEREAS, the subject property described in Exhibit "A1" is Marion County Tax
Lot 052W 130001001; 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-
03); and
WHEREAS, the applicant, Lennar Northwest LLC, obtained written consent
from the owners 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, the applicant intends to develop the territory into the Brighton
Pointe subdivision; 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
Page - 1 - Council Bill No. 3209
Ordinance No. 2610
meets the applicable approval criteria under City of Woodburn Development
Ordinance (WDO) 5.04.01 C.; and
WHEREAS, the City of Woodburn has determined it necessary, expedient, and
in the best interest of the City to acquire jurisdiction over the County road identified
as Parr Road, to the extent that road is annexed within the boundary of the
Woodburn City limits per this ordinance, to the same extent that the City has
jurisdiction over other public streets within the City; and the City, through this
ordinance, formally requests surrender of jurisdiction by Marion County over the
road identified; 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.
Section 3. The City hereby requests that the Commissioners of Marion
County, Oregon, transfer jurisdiction to the City of Woodburn for the County road,
identified as Parr Road, located within the area that has been annexed into the
City of Woodburn per the attached Exhibit "A2".
Approved as to form: wgo F.3
City AttoT/ney' Date
174- �
Approved: , z
Frank Loner oa'W, Mayor 5�1'
Passed by the Council ID, a 2-p z.-
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
L&W)dl
ATTEST: I
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page - 2 - Council Bill No. 3209
Ordinance No. 2610
Annexation Ordinance
Exhibit Al
EXHIBIT A-Sheet 1 of 2 April 14, 2023
City of Woodburn Annexation Description
All of Parcel 2 of Partition Plat 2017-054, Marion County Plat Records, except that portion
conveyed to Parcel 1 of said Partition Plat per a property line adjustment recorded in Deed
Document No. 2023- 060 , Marion County Deed Records, lying in the SW 1/4 of Section
13, Township 5 South, Range 2 West, W.M., City of Woodburn, Marion County, Oregon,
being more particularly described as follows:
Commencing at the intersection of the center line of Parr Road, County Road 517 (CR
517) (60.00 feet wide) with the center line of Stubb Road CR 517 (40.00 feet wide), said
point being marked with a 3" brass disk stamped "75S R2W CR 517 Marion County";
Thence along the centerline of Parr Road, North 89°41'21" West, 89.43 feet to a point of
intersection of said center line and the city limits line of the City of Woodburn, Oregon;
Thence southerly along said city limits line, South 00017'03" West, 533.72 feet to the most
easterly northeast corner of said Parcel 2 and the Point of Beginning;
Thence continuing along said city limits line and the easterly line of said Parcel 2, South
00017'03" West, 1089.31 feet to the southerly line of said Parcel 2: Thence along said
southerly line, North 89015'45" West, 1213.45 feet to the southwest corner of said Parcel
2; Thence along the westerly line of said Parcel 2, North 00028'03" East, 513.85 feet to the
southerly right of way line of said Parr Road, also being the boundary line of said Parcel 2;
Thence along said southerly right of way line North 89027'24" East, 30.06 feet to the
easterly right of way line of said Parr Road, also being the westerly line of said Parcel 2;
Thence along said westerly line the following six courses, North 00021'58" East, 187.44
feet, South 89031'28" East, 247.83 feet, North 45025'22" East, 28.26 feet, North 00022'12"
East, 376.21 feet; North 89037'58" West, 267.79 feet, North 00032'36" East, 486.56 feet to
the southerly right of way line of said Parr Road, also being the northerly line of said Parcel
2; Thence along said northerly line, South 89°41'21" East, 897.70 feet to the most
northerly northeast corner of said Parcel 2; Thence along the most northerly east line of
said Parcel 2 South 00017'03" West, 503.98 feet; Thence along the easterly line of said
Parcel 2, South 89044'34" East, 280.90 feet to the Point of Beginning.
This parcel of land contains 37.754 acres, more or less.
Basis of Bearings: Oregon State Plane Coordinate System, North Zone, NAD 83 (2011)
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
1 U LY 12, 2005
ERIC D. LYNCH
56544
EXPIRES 12-31-24
EXHIBIT A
QC
m
SII
PARR ROAD(CR 517) N89°41'21"W 89.43' 25' 15'
S89°41'21"E 1297.91'
Al T-
B ( S89041'21"E 897.70' M N A
30' 30'�o mll POC
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oc PARCEL 1 cv PP=PARTITION PLAT POB
CrZ POC=POINT OF COMMENCEMNT
30' 30' PP 2017-054
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(NOT A PART) m POB=POINT OF BEGINNING N w C.R.=COUNTY ROAD
°0 N DLC=DONATION LAND CLAIM
m
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0 I ADJUSTED o MONUMENT REFERENCES: AO
-`r' PROPERTY LINE z
N AREA EXCLUDED A- 3"BRASS DISK MARKED m
o ° "T5S R2W CR 517 MARION COUNTY" of
z S89 31 28 E HELD FOR CL ANGLE POINT C.R.517 00
PARR ROAD 247.83'
(CR 517) ° B- 3"BRASS DISK IN MONUMENT BOX MARKED
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"T5S R2W P.I.CR 517 MARION COUNTY"
—0 28.26 HELD FOR CL ANGLE POINT C.R.517 p
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in "T5S R2W NW COR DLC 88 MARION COUNTY" Oo F
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BASIS OF BEARINGS : OREGON STATE PLANE COORDINATE SYSTEM, NORTH ZONE , NAD83 (2011)
PROJECT NO. 0196-007 ANNEXATION DESCRIPTION C EMER10
ORIG. DATE: 4/14/2023 PARCEL 2 - PARTITION PLAT 2017-054 ,� fNO1Nff�INa•lYR1KYINa•onwN
DRAWN BY: EDL 6445 SW FALLBROOK PLACE,SUITE 100
KALUGIN PROPERTY BEAVERTON,OREGON 97008
TEL:(503)746-8812
SHEET No. 2 OF 2 WOODBURN, OREGON FAX (503)639-9592
www.emeriodesign.com
Plotted:4/20/2023-2:38pm,P:\0196-007 Woodburn Subdivision-Kalugin\dwg\sury\Easement\0196-007 Annexation Parcel 2.dwg,Layout:Annexation
Annexation Ordinance
Exhibit A2
EXHIBIT A-Sheet 1 of 2 April 14, 2023
City of Woodburn Annexation Description
That portion of Parr Road (60.00 feet wide), also known as County Road (CR) 517, lying in
the SW 1/4 of Section 13, Township 5 South, Range 2 West, W.M., City of Woodburn,
Marion County, Oregon, being more particularly described as follows:
Commencing at the intersection of the center line of said Parr Road with the center line of
Stubb Road CR 517 (40.00 feet wide), said point being marked with a 3" brass disk
stamped "75S R2W CR 517 Marion County"; Thence along the centerline of Parr Road,
North 89°41'21" West, 89.43 feet to a point of intersection of said center line and the city
limits of the City of Woodburn, Oregon being the Point of Beginning;
Thence southerly along said city limits line, South 00017'03" West, 30.00 feet to the
southerly right of way line of said Parr Road; Thence along said southerly right of way line,
North 89041'21" West, 1178.60 feet to the easterly right of way line of said Parr Road;
Thence along said easterly right of way line, South 00032'36" West, 510.40 feet to an
angle point; Thence continuing along said easterly right of way line, South 00021'58" West,
559.60 feet to the southerly right of way line of said Parr Road; Thence along said
southerly right of way line, North 89058'32" West, 60.00 feet to a point of intersection of
said southerly right of way line and the southerly prolongation of the westerly right of way
line of said Parr Road; Thence along said southerly prolongation line and said westerly
right of way line, North 00021'58" East, 560.05 feet to an angle point; Thence continuing
along said westerly right of way line, North 00032'36" East 570.25 feet to the northerly right
of way line of said Parr Road; Thence along said northerly right of way line, South
89041'21" East, 1238.33 feet to said city limits line; Thence along said city limits line, South
00017'03" West, 30.00 feet to the Point of Beginning.
This parcel of land contains 138,517 square feet or 3.180 acres, more or less.
Basis of Bearings: Oregon State Plane Coordinate System, North Zone, NAD 83 (2011)
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
JULY 12, 2005
ERIC D. LYNCH
56544
EXPIRES 12-31-24
EXHIBIT A Q
TAX LOT TAX LOT TAX LOT Q
5S2W13BD 5S2W13BD 5S2W13B�
1300 1200 1100
TAX LOT TAX LOT TAX LOT TAX LOT TAX LOT m
5S2W13BD 5S2W13BD 5S2W13BD 5S2W13BD 5S2W13BD
PP 2021-009 1800 1700 1600 1500 1400 o S00017'03"W 30.00'
PARCEL 1
S89°41'21"E 1238.33' POB
_
-PARR ROAD(CR 517) ' 1297.91 —
0
B N89°41'21"W 1178.60' 11)
S00017'03"W 30.00' A
30' 30' ANNEXATION AREA N89041'21"W 89.43' POC
N :'I; b 138,517 SQ. FT.
0 o REEL 1919,
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LLi PP 2017-054 (NOT A PART) 185
m `n m (NOT A PART)
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z PP = PARITION PLAT
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POC= POINT OF COMMENCEMNT
1 POB = POINT OF BEGINNING
C.R. = COUNTY ROADLU
DLC= DONATION LAND CLAIM
O PARCEL 1 CL= CENTERLINE
0_
TAX LOT cc
5S2W14 cC 30' '30PP 2017-054
goo Cc (NOT A PART) MONUMENT REFERENCES: AD I m
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--N Ln "75S R2W CR 517 MARION COUNTY"
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°0�0 B - 3" BRASS DISK IN MONUMENT BOX MARKED
`" "75S R2W P.I. CR 517 MARION COUNTY"
o
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PARR ROAD �
- C- 3" BRASS DISK IN MONUMENT BOX MARKED
(CR 517)
"75S R2W NW COR DLC 88 MARION COUNTY"
NW CORNER PETER RAYMOND DLC NO. 88 �I
N89°58'32"W
HELD FOR CL ANGLE POINT C.R. 517
D
60.00' D- 3" BRASS DISK IN MONUMENT BOX MARKED
"75S R2W PI SE COR DLC 61 CR 517"
S.E. CORNER MOSES LORE D.L.C. 61
HELD FOR CL ANGLE POINT C.R. 517 0 200'
SCALE;1"=200'
BASIS OF BEARINGS : OREGON STATE PLANE COORDINATE SYSTEM, NORTH ZONE , NAD83 (2011)
PROJECT NO. 0196-007 ANNEXATION DESCRIPTION C EMER10
ORIG. DATE: 4/14/2023 PARR ROAD (C.R. 517) Km fNO1Nff�INO.lYR1KYINO.Off10N
DRAWN BY: EDL 6445 SW FALLBROOK PLACE,SUITE 100
KALUGIN PROPERTY BEAVERTON,OREGON 97008
TEL:(503)746-8812
SHEET No. 2 OF 2 WOODBURN, OREGON FAX (503)639-9592
www.emeriodesign.com
Plotted:4/20/2023-2:36pm,P:\0196-007 Woodburn Subdivision-Kalugin\dwg\sury\Easement\0196-007 Annexation Ease.dwg,Layout:Annexation mmmmmmmi
Annexation Ordinance
Exhibit IC
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
Deviation from code: Variance Request to modify,
adjust, or vary from
a requirement
Location
Address 8708 Parr Road NE
Tax Lot 052W130001001
Nearest intersection Parr Road/Stubb Road
Land Use & Zoning
Comprehensive Plan Land Use Designation Low Density Residential, Medium Density Residential,
Nodal Development Overlay
Zoning District Nodal Single-Family Residential (RSN) and Nodal
Medium Density Residential (RMN) upon annexation
Overlay Districts Nodal Overlay District
Existing Use n/a; undeveloped
For context, the comprehensive plan land use map designations and zoning are illustrated, and
adjacent zoning is tabulated, on the following page.
ANX 22-03, PP 22-02,SUB 22-04,VAR 22-07,&ZMC 22-03
Brighton Pointe Subdivision
Staff Report Attachment 103
Page 1 of 38
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Comprehensive Plan land use map excerpt Zoning map excerpt
Cardinal Direction Adjacent Zoning
North No City zoning because territory is not within City limits
East RSN
South No City zoning because territory is not within City limits
West No City zoning because territory is not within City limits and is outside of the
urban growth boundary
The Marion County Assessor property record notes the subject property is Parcel 2 of Partition
Plat 2017-054 therefore it is a legal lot of record.
Section references throughout this staff report are to the vested version of the Woodburn
Development Ordinance (WDO) at the time of application (Ordinance No. 2579), unless specified
within a finding that the version of the WDO amended by Ordinance No. 2603 has been applied.
Statutory Dates
The application was submitted on April 22, 2022 and deemed complete as of October 24, 2022,
making the 120-day decision deadline February 21, 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 22-03, PP 22-02,SUB 22-04,VAR 22-07,&ZMC 22-03
Brighton Pointe Subdivision
Staff Report Attachment 103
Page 2 of 38
To maximize availability of on-street parking, staff adds Condition of Approval 30 to limit front-
loaded driveway widths along public streets and have the front-loaded row house units utilize
shared driveways.
Z`, The provisions are met with Condition 30.
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 December 1, 2021 (PRE 21-35).
C. Criteria:
1.Compliance with applicable Woodburn Comprehensive Plan goals and policies regarding
annexation.
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.
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;
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;
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;
4)The site is feasible for development and provides either:
ANX 22-03, PP 22-02,SUB 22-04,VAR 22-07,&ZMC 22-03
Brighton Pointe Subdivision
Staff Report Attachment 103
Page 33 of 38
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.
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.
Criterion 1
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. Regarding Goal
G-2, the applicant's narrative provides the following response (page 28):
The current boundary of the City of Woodburn is the eastern property line of the
subject site.This application for annexation will add territory while keeping the service
area compact in shape.The proposed annexation provides the opportunity for the
growth of a variety of housing options, development of new public and private
amenities,trails, and the preservation of natural features such as the wetland area. In
addition, this proposal will improve circulation and connectivity aiding the city to meet a
wide range of goals outlined in the comprehensive and transportation system plans.The
annexation will utilize readily available services located within Parr Road right-of-way as
well as expand the transportation system capacity with new routes and improved rights-
of-ways.The subject property is also appropriately located to be served by other
existing public facilities such as public schools and an existing large public park
(Centennial Park) less than 1,000 feet from the eastern property boundary. It will
facilitate utility extension with the potential to serve a future Nodal District commercial
area and other residential areas helping the city achieve development of the Nodal
District as envisioned in the comprehensive plan. Upon approval of this annexation
request,the goal has been satisfied.
Regarding Policy G-2.1, the applicant's narrative provides the following response (page 28):
As demonstrated in the submitted application materials, the proposed annexation and
preliminary development plans conform with the City's plans for Nodal District zoning
and development, and capacity exists as identified by the preliminary stormwater and
drainage report, and feedback from the City Engineer during the pre-application
conference.The TIA addresses how capacity within the transportation system can be
maintained. Service provider letters have been included with this submittal to
demonstrate facility capacity.The impact on the community will be to add needed
housing at a variety of price points and functional architectural styles. Other impacts are
limited as the development of the subject site includes appropriate lot sizes and
setbacks, improvements to the transportation network and utility extensions will be
made and paid for by the developer. Upon approval of this annexation request,the goal
has been satisfied.
ANX 22-03, PP 22-02,SUB 22-04,VAR 22-07,&ZMC 22-03
Brighton Pointe Subdivision
Staff Report Attachment 103
Page 34 of 38
Regarding Policy G-2.2, the applicant's narrative provides the following response (page 29):
The proposed subdivision represents an efficient pattern of development and thereby
an efficient utilization of land within the City upon annexation and approval. It would
also maximize use of the existing facilities located in the Parr Road right-of-way for the
purpose of extension into the site and beyond. It would re-balance the costs of City
services among all, benefitting residents by adding rate payers to contribute to the fund
for maintenance of infrastructure and increases capacity for service. With the
development of the subject site,the developer will pay for all on-site and new
infrastructure to serve the lots.The builders of dwellings on the new lots also pay
system development changes (SDCs)to pay for the growth-related share for planned
expansion of facilities in the capital improvement plans of the city, and to help the city
meet local match dollars for larger projects with the State. Finally,the applicant has
provided a preliminary master plan design for the property to outline street
connectivity, public services, and pedestrian connections in a way that preserves the
ability of surrounding large parcels to develop with their intended uses. Upon approval
of this application for annexation, the goal is met.
Regarding Policy G-2.3, the applicant's narrative provides the following response (page 29):
This is a directive to the City staff and not an approval criterion.The City can use
approval of this annexation request to extend the city limits and capture the
improvement jurisdiction of Parr Road.The pattern of development in this area,
including along the borders of the site,will be consistent as proposed, and create a
smooth transition from existing development within the Nodal development district
overlay. Proposed streets and utility extensions are efficient and direct.The proposed
annexation meets the goals and policies of the comprehensive plan regarding
annexation criteria listed above.
Staff generally concurs with the applicant. The annexation goals and policies are effectuated by
the annexation review criteria within the Woodburn Development Ordinance. The Nodal
Master Plan, which was approved via Resolution 2124 in 2018, illustrates the conceptual layout
of private development and public facilities throughout the Nodal overlay district area.
Criterion 2
The subject property is adjacent to land annexed into City limits in 2019 via Ordinance No.
2570.The application materials include service provider letters from the City Engineer, the
Woodburn Fire District, and the Woodburn School District certifying there is capacity to serve
the development. Conditions of approval have been added to have the development provide
connections to public facilities (streets, utilities, bike/pedestrian facilities, etc.).
ANX 22-03, PP 22-02,SUB 22-04,VAR 22-07,&ZMC 22-03
Brighton Pointe Subdivision
Staff Report Attachment 103
Page 35 of 38
Criterion 3
The applicant's narrative provides the following response (pages 23-24):
The subject property's eastern boundary line is the current city limit line. Property
northwest of the subject site (north of Parr Road and east of what will be Evergreen
Road) and northeast of the subject site have been annexed into the City.The proposed
annexation includes a subdivision to divide the property into 219 lots. No increases in
buildable lands inventory are proposed as this application.The proposed subdivision is
shown to be fully built-out within two phases, however all area within the subdivision
boundary is proposed to be annexed at once.The subject property is identified by the
comprehensive plan as residential with a Nodal overlay. Upon annexation, the property
will be split zoned between the Nodal Single-Family Residential and Nodal Medium
Density Residential zoning designations.The property is within the urban growth
boundary of Woodburn and the proposal is consistent with the future zoning and
current comprehensive plan requirements. Confirmation of adequate public facilities
has been included with this application. Based on conversation with City Staff and the
pre-application conference feedback, the applicant believes that the proposal reflects
the city's goals for growth. Adjacent approved development at 9008 Parr Road stubbed
a street to the eastern boundary of this application's subject property.This stubbed
street is shown to be extended through the site, and boundary street improvements on
Parr Road are also shown.This proposal includes a mix of public and private open space
areas and pedestrian paths/trails totaling approx. 4.34 acres.The applicant finds that
the proposed open space and pedestrian pathways meet the intent of the Nodal Master
Plan showing similar sized open space and trail systems throughout the subject
property.Tract A is shown to be a private park offering active recreation to be
maintained by the Brighton Pointe HOA. Sidewalks are also shown on the submitted site
plan to guide pedestrians through the site in a safe manor where trails may not be
proposed.This proposed subdivision shows a mix of single-family attached and
detached homes which the applicant believes is meeting an unmet community housing
need as illustrated by the Housing Needs Analysis5 by providing housing at a range of
price points.The subject property is only contiguous with the city limits on one side.
Also, the above criteria states that the application "should" demonstrate substantial
conformance with the standards rather than stating the application shall conform to the
standards.The applicant has met the burden of proof that substantial conformance with
all criteria is met.
Staff generally concurs. Conditions of approval have been added to have the development
provide connections to public facilities (streets, utilities, bike/pedestrian facilities, etc.).
D. Procedures:
1.An annexation may be initiated by petition based on the written consent of:
ANX 22-03, PP 22-02,SUB 22-04,VAR 22-07,&ZMC 22-03
Brighton Pointe Subdivision
Staff Report Attachment 103
Page 36 of 38
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 applicant's narrative addresses these provisions on page 25:
The proposed annexation is initiated by the property owners and the required
application forms have been signed by said property owner. 100%of the ownership has
initiated the annexation process.This application includes the annexation of the public
right-of-way of Parr Road on the north and west frontages.The applicant understands
that the City may initiate annexation of island properties without the consent of the
property owners or the resident electors. An island (under different ownership) is
shown on the proposed site plan as not all adjacent property owners have joined this
annexation application, nor is it the responsibility of the applicant to gain the support of
adjacent ownership for this application.The criteria are met.
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 split between Low Density
Residential and Medium Density Residential, and wholly within the Nodal Development overlay.
The territory will be assigned to the RSN and RMN zoning districts 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.
The applicant's narrative states on pages 25-26:
All public improvements are shown as future dedicated public features.This application
includes annexation of the entire right-of-way width for Parr Road along the subject
property's north and west side frontages (including frontage along tax lot 900 and
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1000). Improvements to this right-of-way are proposed to meet the City's public
improvement standards. All utilities are shown, and a composite utility plan has been
included with this submittal.Typical right-of-way sections are included on submitted
sheet 5/8 to show proposed improvements.The criteria are met.
Staff concurs.
11n, With the proposed conditions of approval related to providing connections to public facilities,
staff finds that 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 split between Low Density Residential and Medium Density
Residential, and wholly within the Nodal Development Overlay. The territory will therefore be
assigned the RSN and RMN zoning districts and the Zoning Map will be updated to reflect this.
No0o' The provisions are met.
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