Ord. 2636 - Annexing 32.2 acres Schwenke/Vezey Property ANX24-02 COUNCIL BILL NO. 3278
ORDINANCE NO. 2636
AN ORDINANCE ANNEXING APPROXIMATELY 32.2 ACRES OF TERRITORY KNOWN
AS THE SCHWENKE/VEZEY PROPERTY WITH NO STREET ADDRESS ALONG THE EAST
SIDE OF S. BOONES FERRY RD SOUTH OF IRIS STREET (ANX 24-02), IN MARION
COUNTY, OREGON
WHEREAS, the subject properties are owned by Greg I Schwenke and
Nancy R Vezy, and are legally described and mapped in Exhibit "A", which is
affixed hereto and by this reference incorporated herein; and
WHEREAS, the subject properties are Marion County Tax Lots
051 W 19 B000600, 051 W 19 B000700 a n d 051 W 19 B000800; a n d
WHEREAS, consistent with Oregon Revised Statutes (ORS) 222.111 (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 24-04); and
WHEREAS, the applicant, Icon Construction and Development ("Icon"),
obtained written consent from the owners of the territory and has requested
annexation of the subject properties; and
WHEREAS, the properties to be annexed are within the City Urban Growth
Boundary (UGB); and
WHEREAS, the properties to be annexed are contiguous to the City and
can be served with City services; and
WHEREAS, on April 10, 2025, the Woodburn Planning Commission
considered the annexation application and, after a duly advertised public
hearing, recommended approval of the annexation with conditions; and
WHEREAS, on April 28, 2025, 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. 3278
Ordinance No. 2636
Section 1. That the subject properties, legally described and mapped in
Exhibit "A", are 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: _ ;7/.,_
City Aff#e'y Datg
77
Approved:
Frank Lonergal), Mayor
Passed by the Council
Submitted to the Mayor
MC
Approved by the Mayor L
Filed in the Office of the Recorder zuz"'s'
ATTEST: 'I UA
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page - 2 - Council Bill No. 3278
Ordinance No. 2636
,41 eldi
CENTERLINE CONCEPTS
LANLD & I KiNG Afr_
19376 Molalla Avenue, Ste. 120, Oregon City, OR 97045
P. 503-650-0188 F. 503-650-0189
Exhibit "A"
Annexation
Legal Description
A Tract of land being all those tracts of land described in Deed Reel 1243, Page 272 (consists of
three Tax Lots), Marion County Deed Records, together with a portion of Boones Ferry Road,
aka Market Road 38 (a 60.00 foot wide right of way), located in the northwest one-quarter of
Section 19, Township 5 South, Range 1 West and the northeast one-quarter of Section 24,
Township 5 South, Range 2 West of the Willamette Meridian, Marion County, Oregon, being
more particularly described as follows-.
BEGINNING at the southwest corner of Parcel 1, Partition Plat Number 2018-057, Marion
County Plat Records, being on the easterly right of way line of said Boones Ferry Road- thence
along the south line of said Parcel 1, and continuing along the south line of the plats of':Boones
Crossing Phase 5 PUD" and "Boones Crossing Phase 4 PUD", Marion County Plat Records,
South 89128'02" East, 2018.28 feet +/- to the west line of that tract of land as described in Deed
Reel 138, Page 510, Marion County Deed Records; thence along the west line of said Deed,
and continuing along the west lines of those tracts of land as described in the following: Deed
Reel 4682 Page 345, Deed Reel 2329 Page 389, and Deed Reel 4181 Page 41, all of Marion
County Deed Records, South 0000342" East, 693.15 feet +/- to a point on the north line of that
tract of land as described in Deed Reel 3126, Page 150, Marion County Deed Records; thence
along said north line, North 89128'02" West, 1858.66 feet +/- to the east line of that tract of land
as described in Deed Reel 4260, Page 378, Marion County Deed Records; thence along said
east line, and continuing along the east line of that tract of land as described in Deed Reel 2235,
Page 97, Marion County Deed Records, North 00103'42" West, 200.01 feet +/- to the northeast
corner thereof; thence along the north line of said Deed Reel 2235, Page 97, North 89128'02"
West, 113.52 feet +/- to the southeast corner of that tract of land as described in Deed Reel
4514, Page 62, Marion County Deed Records; thence along the east line thereof, North
24033'18" East, 64.70 feet +/-to the northeast corner thereof; thence along the north line of said
Deed and the westerly extension thereof, North 89028'02" West, 336.69 feet to the westerly
right of way line of Boones Ferry Road (a 60'wide right of way);
thence along the westerly right of way line of said Boones Ferry
Road, North 24133'18" East, 475.17 feet +/-to its intersection
with the westerly extension of the south line of said Parcel 1 _,,F;J R W E v
of Partition Plat No. 2018-057; thence along the westerly
extension of the south line of said Parcel 1, South 89028'02" East,
65.69 feet +/-to the POINT OF BEGINNING.
4
Contains 32.94 acres, more or less, 117'), ?"V711
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Annexation Provisions
Because the proposal is for annexation, per 5.04 it requires a Type IV review with City Council
decision. The applicant submitted application materials on September 3, 2024 and revised and
additional materials through January 30, 2025 (excerpted within Attachment 103).
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.
B. Mandatory Pre-Application Conference: Prior to requesting annexation to the City, a Pre-
Application Conference(Section 4.01.04) is required. ...
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:
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.
ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report
Attachment 102
Page 4 of 37
I: Ih lHbk t II: i4 n n & [.ln&ngs
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.
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;
3) The proposed industrial or commercial use of the territory provides an economic
opportunity for the City to diversify its economy.
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. ...
4. The Significant Tree preservation and removal provisions of Section 3.06.07 are applicable to
unincorporated territory that is the subject property of an Annexation application.
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.
F. The timing of public improvements is as follows:
1. Street dedication is required upon annexation.
2. Dedication of public utility easements(PLIE) 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.
Regarding subsection B., staff hosted the pre-application conference (Pre-App PRE 24-05) on
April 25, 2024.
ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report
Attachment 102
Page 5 of 37
The applicant requests that the City designate the annexed territory with the Residential Single
Family (RS) base zoning district.
Regarding the criteria of subsection C.:
1. The City Comprehensive Plan, Section G. Growth Management and Annexation contains
annexation policies on pp. 30-31. The annexation criteria in the WDO already reflect the
goals, including efficient City services.
First, the territory to be annexed is within the Woodburn Urban Growth Boundary
(UGB). The premise of a UGB is to define an area feasible for the City to provide services
to greenfield development over approximately 20 years as described in the
Comprehensive Plan. So, in this way the annexation of territory within the UGB is
consistent with the Comprehensive Plan.
Second, the territory also is adjacent to infrastructure that development can make use
of or extend into the territory to develop it:
• Roads and street: E. Traverse Road (presently a north half-street along the
Boones Crossing subdivision signed "South Arterial") borders the easterly north
boundary of the subject territory, and S. Boones Ferry Road borders the west
boundary, both providing means of access. The annexation legal description and
map series include the S. Boones Ferry Road right-of-way (ROW) adjacent to the
lots composing the preliminary subdivision area.
• Transit: Along either or both roads, the City and other agencies could run transit
vehicles.
• Potable water, sanitary sewer, and stormwater sewer: These are adjacent or
nearby, and as the Public Works Department Directs at the civil engineer plan
(CEP) review and public works permit stage, the developer will upgrade and
extend them as necessary to provide or upgrade laterals to the site development
and for these upgraded and extended utilities to accommodate the demands of
the development.
• Other: Other franchise utility providers attend to such utilities as electric power,
cable television and internet, natural gas, and cellular wireless telephony, often
using existing or extended ROWs.
Third, along with the Public Works comments that are Attachment 102A, it appears to
Planning Division staff that the Public Works Department has no objection to annexation
and that public works can serve the development through typical public improvements
by a developer of the territory to be annexed.
ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report
Attachment 102
Page 6 of 37
2. The territory is contiguous to the City. Per the Comprehensive Plan and with
implementation through the WDO, upon development of the territory the City would
require improvements that guarantee that public facilities have adequate capacity to
serve such development.
The applicant's revised narrative (submitted November 12, 2024, pp. 35-39) addresses
the annexation provisions. The Public Works Department comments (April 2, 2025;
Attachment 102A) have no objection to annexation, and the theme of the comments is
civil engineering plan review for conformance prior to construction of typical public
improvements by a developer of the territory to be annexed.
Second, the Public Works Department, Woodburn Fire District (WFD), and Woodburn
School District (WSD) submitted service provider letters (SPLs) as annexation
applications require. They are in Attachment 103A. The Public Works one dated August
2, 2024 states:
"This letter is to certify that the City of Woodburn has no capacity issue with the public
wastewater treatment facility or public water treatment facility. However, the subject
property is not adjacent to an existing storm sewer collection system.The requirements for
this collection facility would still need to be determined.The capacity analysis, design and
installation of water, sewer, and storm would be the responsibility of the applicant/property
owner."
Along with the Public Works comments that are Attachment 102A, it appears to
Planning Division staff that the Public Works Department has no objection to
annexation.
3. a. Examining the considerations under subsection a. because the Comprehensive Plan
land use map designates the territory Low Density Residential, and the territory is to be
designated with Residential Single Family (RS) base zoning district consistent with both
the applicant's request and Comprehensive Plan Policy Table 1:
1) The territory to be annexed does not meet the guideline that it "should be
contiguous to the City on two or more sides".
2) The applicant's narrative (pp. 37-38), though not addressing directly, implies that
the territory would not provide more than 5-year supply of housing.
ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report
Attachment 102
Page 7 of 37
3) The applicant's narrative (p. 37-38) addresses by stating intended conformance
with the Transportation System Plan (TSP), and there's no written objection by
the Public Works Department to the applicant's narrative.
4) Regarding (a) & (b), as clear from the preliminary plat drawing and tentative site
plans, the proposal would led to dedication and improvement of a segment of E.
Traverse Road ("South Arterial") and extends from Dahlia and Iris Streets and S.
Boones Ferry Road the road and street layout or network to allow for future
connections east (ultimately to Brown Street) and south.
5) n/a at least for the Planning Commission hearing because no City Council hearing
has yet occurred.
Regarding D., the applicant addressed the requisite written consent and such that no election is
needed.
Regarding E., the applicant confirms the proposal includes no request to amend the
Comprehensive Plan land use designation or upon annexation to designate the territory with
City base zoning district other than RS. (Pursuant to Comprehensive Plan Policy Table 1, RS and
Retirement Community Single Family Residential [R1S] are the only zoning districts that
implement the Low Density Residential designation, and the clear WDO and zoning map intent
is that R1S came into being only to accommodate the existing Woodburn Senior Estates
subdivision, the 1960s retirement development now named Woodburn Golf& Estates located
in the north central and west central areas of the city. The Estates development pre-dates both
the WDO original adoption in 2002 through Ordinance No. 2313 as well as the WDO
predecessor: the Woodburn Zoning Ordinance [WZO] adopted through Ordinance No. 1344 as
well as what was the Woodburn Subdivision Ordinance adopted via Ordinance No. 1066.)
Regarding F., looking at subsections 1-3:
"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."
The corollary subdivision application proposes to dedicate required ROWs, but lacks
delineations of the streetside public utility easements (PUEs) that the developer is to grant
(minimum 5 ft; maximum 8 ft), failing to meet 2. For the reasons described in the Subdivision
Preliminary Approval Provisions section farther below for subdivision criterion 5, staff applies a
streetside PUE condition.
Vr The annexation criteria are met.
ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report
Attachment 102
Page 8 of 37