Ordinance 2016COUNCIL BILL N0. 1134
ORDINANCE NO. 2016
AN ORDINANCE ANNEXING AND RECLASSIFYING CERTAIN PROPERTY LOCATED
IN THE 1900 BLOCK OF EAST HARDCASTLE STREET FROM MARION COUNTY EXCLUSIVE
FARN1 USE (EFU) TO WOODBURN RESIDENTIAL SINGLE FAMILY (RS) CLASSIFICATION.
WHEREAS, the Woodburn Comprehensive Plan Map has established
certain land uses within the City of Woodburn's Urban Growth Boundary, and
WHEREAS, the Woodburn City Council has revie~ved the record
in Annexation Case No. 88-04, and Zane Change Case Pdo. 88-04 and considered
the public testimony previously presented, NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. The legal description of the involved real property
is as follows:
That portion of the following described property lying Westerly
of County Road No. 534: Beginning at an iron rod in the
South line of the C. C. Cooley Donation Land Claim No. 41
in Township 5 South, Range 1 West of the Willamette Peridian,
Marian County, Oregon, said rod being 23.238 chains South
86° 45' East from the Southwest corner of said Donation Land
Claim; thence North 29° 18' East 9.34 chains to an iron pipe;
thence South 86° 47' East 27.935 chains to an iron pipe;
thence South 6° 45' lAJest 8.44 chains to an iron pipe in the
South line of said Donation Land Claim; thence North 86°
45' t~Jest 24.46 chains to an iron pipe in the center line
and junctions of two County Roads; thence North 29° 18' East
along the center line of the road 3.343 chains to an iron
rod; thence North 86° 45' West along the East line of the
school lot, 3.58 chains to an iron rod; thence South 29°
18' West still along the school lot, 3.343 chains to an iron
pipe in the South line of the aforesaid Donation Land Claim;
thence North 86° 45' West along said South line 3.415 chains
to the point of beginning, being a part of the C. C. Cooley
Donation Land Claim in Township 5 South, Range 1 West of
the t~Jillamette P~eridian, in Marion County, Oregon. SAVE
AND EXCEPT the following described tract: Beginning in the
center of the County Road, at a point which is 2786.72 feet
South 86° 45' East from the Southwest corner of the C. C.
Cooley Donation Land Claim No. 41 in Township 5 South, Range
1 West of the Willamette Meridian, in ~1arion County, Oregon;
thence North 1° 24' East 555.75 feet to a point on the North
line of a tract of land conveyed to Ernest Nelson by deed
recorded in Volume 452, Page 158, Deed Records for said County
and State; thence South 86° 47' East 875.15 feet to the Northeast
corner of said tract; thence South 6° 45' West 557.04 feet
to a point in the center of said Road; thence North 86° 45'
West 823.15 feet to the place of beginning.
Page 1 - COUNCIL BILL N0. 1134
ORDIP~ANCE N0. 2016
Section 2. The real property described in Section 1 of this
Ordinance is hereby annexed to the Gity of Woodburn.
Section 3. The zoning designation of said real property
is hereby reclassified from its present designation of Plarion County
Exclusive Farm Use (EFU) to City of boodburn Residential Single (RS ).
Section 4. The zoning reclassification is subject to the
conditions contained in Exhibit "A", attached hereto and incorporated
herein, that the Council finds reasonable.
Section 5. The annexation, and zoning reclassifications
of said real property are based upon the staff report and, specifically,
the findings contained in the staff report which are attached hereto
as Exhibit "A" and by this reference incorporated herein.
Section 6. The City Administrator or his designee is hereby
directed to correct the Woodburn Comprehensive Plan and Zoning Pap
to the classification herein made.
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Approved as to form: ~~ ~ ~~ ~
City Attorney Date
APPROVED : `'°' P~-;~.~.~--, , ~-'" ~.~_ .e,~ .~--_ _
NANCY A. R SEY, ~1AYOR ~
Passed by the Council February 27, 1989
Submitted to the ~1ayor March 1, 1989
Approved by the Mayor March 1, 1989
Filed in the Office of the Recorder March 1, 1989
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ATTEST : ' ~ t'~.'.. ~ r. ~ , r'% j':. ~ i i ~ >~%..:
BARNEY ~. BURRIS, CITY RECORDER
CITY OF WOODBURN, OREGON
Page 2 - COUNCIL BILL N0. 1134
ORDINANCE N0. 2016
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STAFF REPORT
ANNEXATION CASE #88-04
1) APPLICANT: Kevin & Nancy Brown/(Christian Molokan
Church)
2) LOCATION: 1900 Block of East Hardcastle Avenue
3) ZONE: County EFU
4) REQUEST: Applicants have requested appro~Tal to annex a 4.64
acre parcel that adjoins the city limits on the
North side of East Hardcastle and the west side of
Cooley Road. (See Map I).
5) GENERAL INFORMATION:
STATE STATUTES: For the City to initiate such a request
requires that specific State statutes be observed in the
hearings process.
In regards to State law and Annexations, the "Triple
Majority" rule prevails. That is, a majority cf the land
owners own more than half of the lard (8 acres) and repre-
sent more than half of the assessed value of all real
property. Because there is only one owner and he is
t~°~::iu:,st.zzg A:.~~ex::.iian (Attachment T; the annexation is not
required to be subject to a vote of the registered voters of
the City but is required to,,be reviewed and approved through
the hearings process by the City.
This statute reads as follows:
222.170. Effect of consent to anneyation by territory;
proclamatior. with and without City election; ordinance of
annexation; records transmitted to Secretary of State. (1)
the legislative body of the Gity need not call or hold an
election in any contiguous territory proposed to be annexed,
or post notice in the contiguous territory, if more than
half of the owners of land in the territory, who also own
mores Char. half of the land ir. the contiguous territory and
of real property therein representing more than half of the
assessed value of all real property in the contiguous
territory consent in writing to the annexation of their land
in the territory and file a statement of their consent with
the legislative body on or before the day; (See P..ttachment
5;.
(a) The public hearing is held under ORS 222.120, if
the .City legislative body dispenses with submitting the
question to the registered voters of. the City...
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LAND USE INVENTORY:
The City currently has over 900 acres of land designated for
residential development. It is estimated that approximately
283 acres of that land will be needed within the city limits
far residential development by the year 2007.
TABLE I
RESIDENTIAL LANDS INVENTORY
ROUSING TYPE 1987 2007 2007 UNDEV. SUR/
ACRE DEF.
Single ~'a:r.~.ly 4191. 1415 283 900 617
M'alti-~'amiiy 1005 475 40 260 220
P".H. ?ar~:s 286 i67 21 220 199
M.u.Subdivision 97 664 133 484 351
Tcv:^_ .I !Con~ac. 59 23 6 203 197
(A) POLICIES FOR ANNEXATION:
(1; P.nnexati.en policies are extremely important fcr the
City, r^lhile it is important that GrO'agh Land is
ac=ailable for the necessary develcpmer.t anticipated ;.n
the City of Woodburn, it is also essential to prevent
too much land being inc]`uded in the city limits as this
leads to inefficient, spraY~ling development. Because
of the need to plan fcr public improvements, the City
should insure that there is a five year supply of
vacant land within the City. Services should be
provided to that Land during that five year period.
(Vol. I, Pg. 26}.
(B} DEVELOPMENT ZONES:
The City should encourage development in areas of existing
facilities first. Secondly, the City shc:ald. enceurage
development in areas where extensions of existing City
services can be acco:r:modated. The City should encourage
development of neGl areas t0 W~2iCh ~erViCeS Can be mOSt
cheaply extended to. The City sheuld de:.74lop any other
are?c only as a last '"eSQrt. The City :ti'ill adhere t0 tf,a
;aO1wC1.eS 1:: t~l° CtOr:l: rn:~ter and ~^:utor ~nrl Coy~~i- olojnov~tc r,c
the Comprehensive Plan. (VaI. T, Pg, 24}.
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(C) POLICIES.ON GROWTH:
{1) To insure the growth is orderly and efficient, the City
shall phase the needed public services in accordance
with the expected rate of growth. The extensions of
the existing public services should be in accordance
with the master plans in this Comprehensive Plar..
{Vol. I, Pg. 30}.
(2} The County shall retain responsibility far regulating
land use on lands within the urban groc•:th area until
such lands are annexed by the City. The urban growth
area has been identified by the Git~' as urbanizable and.
iS considered tQ ve avazlab~.e, rJ-c~pr ±i:^e. fOr ~a r}tian
do~rolCr~im ent /LJoI Z D 3~`~ ,
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;3} The City and County shall stryve to enhance the
l:vabllity of the urban gro~.~=th area and to pro:.^.ote
logical a~~d orderly development therein in a cost
effective manner. The County shall not allow urban
density uses within. the urban grocti'th boundary prior to
annexation. to the City unless agreed to in writing by
thc. Cit~J. City se47er and water facilities shall not be
extended beyCnd the C1ty ~1m1tS, except aS may be
ag~~eed to in writing by tI~G Citi= and County. (t.7ol. I ,
Pg. 3~J} .
(4} Conversion of land within the bC'andarV to urban uses
shall be based on a cons~.derat:.on of : f
{a) Orderly, economic provision for public facilities
and services;
(b} Availability of sufficient Land for the various
uses to insure choices ir. the market place;
(c} LCDC Goals;
(d) Encouragement of in-filling development within
developed areas before Conversion of urbanizable
areas; and
(e} Applicable provisions of the Marion County and
City Comprehensive Plans. {Vol. I, Pg. 30}.
6) FINDINGS:
(1} The applicant is the sale applicant and owner of the
property. Being the only property ocaner requesting
annexation the City is not obligated to see?: approval
Pram ±iic registered voters of the City of [^?oodb~a.rn .
(2} The proposed annexation lies within the urban growth
boundary as identified in the City's adopted Comprehen-
live Plan Map. Therefore, a request for annexation is
feasible. .
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{3) Annexation of additional lands is in keeping with the
long range needs of the City.
{4) The annexation would reflect a land use designation
identified or. the Comprehensive Plan Map.
{5) The proposed site is contiguous to the existing city
limits.
{6) The City has the capa~aility to handle the water, sewer
and storm drain. demands of the proposed uses as long as
specific conditions are met by a potential developer.
7 ) RECQr«lME1dDATIQid:
Staff recommends approval of Annexation Case #88-04.
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~., Attachment I ~~
cz~c~ c~~ wr~c~~~u~~r
270 Montgomery Street • Woodburn, Oregon 97071 • 982-5222
CERTIFIED ' ~~'
'°~
December 7, 1988
Kevin E. & Nancy H. Brown
8520 S. W. Mohawk
Tualatin, OR. 97062
Dear Mr. & Mrs. Brown:
At this time the City of Woodburn is proceeding with the
process of pot^ntially annexing your property. This action
would result in the conversion of your land at some time in
the future from its existing land use designation of
Exclusive Farm Use (EFU) by Marion County to a City
designation of RS (Residential Single Family). Enclosed is a
map that identifies those properties the City Council will
consider for incorporation into the City.
However, prior to the City carrying out this action your
response as a property owner is required. This will assist
the City in making a determination as to whether or not to
annex your property. Please answer the following question,
sign and return in the enclosed self addressed envelope. The
City would appreciate your response to this question by
December 16, 1988. `
Do you wish to be annexed to the City? [ ] Yes [ ] No
In closing, the Planning Commission will review the
annexation proposal and take testimony at some future date of
which you will be notified.
l~~
N~~~
Property Owner(s) Signature
Kevin E. Brown
v 1F
Pr perty wner(s) Signa ure
Nan H. rown
Date Signed: t - ~~~
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ATTPC.1-~M~t~~C I
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b,y this Agreement or us~ ti~at results from or b_caus~ of this
r'+f;r~~rlent shall remain folloti•:inF* the termination hereof.
II•I !JITIIF:SS !;']IERI~OF, tt:~ nartics have executed this document
in duplicate th:i.s 9fk day of scr~~.-~5~,~ 1~7s.
LICL:ISCFc : ~~~~__a~-c~~v~~
Blanche I•;. Adelson
LICi:2SI~:i~: CI'I'Y_OF !d00D:,3Uriid ~~
Mayor ~---~ ~ _
City Recorder
STA`L'L: OF OREGOId )
SS.
County of I.larion. )
On S~~e.~~>~,e ~ , 197°, purscnally aope3r•~d before.: mo the
?Love-narr:+~d BLAIdC.IiF, L. I•IELSCId and ackno~rled~;ed the foreP;oing
License Agreement to be her voluntary a.ct.
Id0'i'ARY PUBLIC FUR OHEGOP7
~ Ply Commission Expires: ~ zb ~'i
STA`1^E OF ORJGOId )
ss.
County of A7arion )
On ZOO GOC-~ol~~~ , 19'lu, p~•rscnally app~ar~d bufor~ ma
Sfa-H(~ C.'. ~-•'s5 and ~~t,rrr~~ C>, .1%u~,-~i`.5 l.,ho, aa.ch beint,
sirern, ~tatoca *ha.t they are tl~~ ?•laV ~ %~nd .Ci *.y R ~cordor of the
City cf Woodt;urn, and that th:: seal affixed her°to is its seal and
that this I,jcense A;-reement vlas veluntaril;~ si~:ned a.7d s~_aled in
behalf of the Cit;~ of lJoodburn b,y authority of the common council.
,:~::,::, i~~ Z ~
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•~ :iOTA%Y PC'isLIC FOR OPr.G0I1
'd;~ Comrnissicn Exnir~s ~ ___ _____--
,, ~ : . .
_ RJBERT M. CRICHTON
' NOTARY PUBLIC fOR OREOOV
.~ .• ] :r ~~ ~V COIRA$SIO!: f><PIRES AUGUST XJ. 1974
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Attachment II
T.1Ch:IdS[i AGNI:f~aAl•:!dT
T117> AGHh;I'I+IP:N'i' is madv and :+nt_~re:d into this ~t=~ day of
Septemhr, 1<t'78, b,y <tnd b;:tta_on I11.,A°JGlit•: T. MI?LSOtd (hereinafter
called "t.dr,en:eor'') and C1'I'Y ill' t•1C(lj)IiURtI, a body politic and
corporate und~•r thu lairs et' th~• `!fate: of Orc:~on (huruinaft::r called
:!!II;Fa{A`~, .•i.ccrt>or is ;ti_. oa:n::r :•.::d ,.:st•~d !citl: f':._ ..imnl:.
title to a pare~al of land loc•:tt ~d i.n S.~etien 8, 'i' S S, 1? 1 !•!;
4J.'~l f1ar.ton Ccur.ty, ')rclror., r:or•~ ~articu)arl,+ d:.„r,rit~ed as I'cllc!as.
hct-inr.in~ at the most Scvt}:.:rly r.orner of Country Acre.
Eststes, as platted ir. 1_)"18: thence N <_'9° 05' 31" l: alont; the
!:ouni'ary ^f ::cuntry Acr_~ ! stata°> ~ d1:s*.a.ncu rf 1?1i.f8 fet•t;
th~•r.ce t' ~~G° 48' S1" I: distan~u of 21in.10 1'c::;t tc the
..cutherl.y corner o!' Lc~.~ ].8 cf ,r.i,i Countr•,' Ar,r::~ • thence .,
~7° 311' 1'•'' t•J a d].stancL: of 2n3.(7 fait thence li 79° 2U' 3~'
',! a distance of 1:?fi,3? fe:~t to th:: point of b::,.~inninJ*.,
containing 1.U0 acr,:s, more or :I::ss.
4J1JI:R)rAS, the city limits of ldoodburn, Oregon, extend to and
pl~..~r ., ,. „4ti.,. ..f.,„?. ti..,.., .tom r ~.-,t .. ti.,a..f„r'1. ti•. n,tr„a~ ..r
,girl ..cal , _tnci
4;lii~:}2liAS, nrcrt;rty contiguous to and on the north!rest and
northeast si<le~ of said parcel is ttcin(r dedicat+sd and devolopcd for
fuse as a city park by the developer of the prop~•rty, and
ldliEia:AS, L,ic::nsec dL;si`Y•:a to have said narccl also dcvulop_d
by said deve'lon;;r and to hav;; T,icensee maintain and opc•rat+a sald
parcul, toT;uth::r :pith the daQicated avnt]~•uou;, prcn;;rty, for. lu_r::
:t', cs,.,, .
i` ";' ~i•,1• .nl;j: rt'r(I{E!', `!. cc ..~t:'~r•^. `..i.~ri of ~'^r: !r;u£xl
covenants hcreinaft+~r stat:>d, as fcllcors:
1 , (.].c•.r.:~cr rrant$ tc clevulcp~rund to Licerse~ the right ar.~
pri•dil•rr!e to enter ut:•~n said parcul rind suclt•ctT,.r ad,J~lnlnt~ 1o_nrl
c:an:d :y 1.?c,:r:,,,.~r• r, _- !.^ nor._:.~r„ . , rt;:ve:lcp .;aid Iarce] for pr:rY.
purpcs,:~a. '!'h.a rrant.to ::n:ur up+.~~ :•r1c1 ~xd~oinin,- land shall
1 - I,IC!i!J.`.>1 f•..N.i•:J•:!dL•:;1^
EICNST EA OT, BO LLAND ! ENOL!
/.TTOI1N LTf /.T LAW
- WOOO~UIIM, O1ILOON LTO)t
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(C) BURDEN OF PROOF: (ZONING ORDINANCE)
(1) SECTION 16.080. BURDEN OF PROOF. The following
specific questions shall be given consideration in
evaluating requests regarding plan and zoning amend-
ments and are as follows: j"a" is excluded}.
(b} To support a zone change, the applicant shall:
(1) show there is a need for the use proposed; and
(2) Show that the particular piece of property in
q~aestior. will best meet that need.
(c) n C:.ty Council decision on Zone and Comprehensive
MaN amendmen}s are "judicial like", In that a
decision must consider the evidence and weight
that evidence against what the Comprehensive Plan
directs the Council to do.
(1) The property in question is presently being
utilized far pasture and farm purposes.
(2) Marian County has designated this parcel far
Exclusive Farm Use, in its Comprehensive Plan
a:~d Zoning Map. T^e City of Woodburn
ceeignates this parcel for Residential and
Open. Space .
(3) The Woodbt.rr. Comprehensi~~e Plan describes the
parcel area as part of a residential neigh-
borhood.
(4} To expand and improve the site requires City
infrastructure services be provided.
(5) The proposed uses is to construct a neighbor-
hood church.
(D) FINDINGS:
(1) The Marion County Comprehensive Plan Map has designated
the concerned parcel far Exclusive Farm Use.
(2) The City of Woodburr.'s Comprehensive Map designates the
concerned property far Residential and Open Space.
(3) The zone amendment
Residential and Ore
Mans .
(4) The proposed use of
al in an RS zone..
from County to City Single Family
~n Space use is ir. keeping with both
the lot for a church is transition-
_. 2 _
Z-
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(E) RECOMMENDATION:
It is recommended that the request for zone change to RS
(Residential Single Family) and PA (Public Amusement and
Recreation) be approved based on established findings.
(F) CONDITION OF APPROVAL:
(,) A Site Plan approval is required for the proposed
development.
(2) Applicant shall agree to sig.^. a legal agreement
allo~r~ing the City to ccntirue maintenance cf the ball
tz®ld and retention. basin.
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expire three ;°c~nths fc.llowit:; th.: d:r'.::: bf thiu attrL:em;:n!:. .
7. , Licensor u!idvrstands that 2r. excavation i:; ccntwnplatcd
't.ith respect to the devulopn:ont of said parcel in order to form, on
part of the property to bc: u:;ud for par{< purposes, a ba:ain for tha
eo11J.:ction of flood iaat~r r~rr:d Lic:~nsor au.thoriz~•s such excavation;
provided ,.how~vr:r, that Lien::or shall b~~ permitted to elect to
have all or any portion of ttrat ::arch tahich is removed from said
;51~'_.. '.:_t•..... , _. 1, !. 1.:i: .. , _.. ~•ci, ::l.:l~.:. 1_r:<I t:.
by Lien..^,r:r,
3. Follo~lin~~ develcpm~r.t , hi.canse~ shall maintain and operate
said parcel for pr,rk purpcsus, 1,!c~'nsor t~ra.nts to Llcunsce the
rilcht to so u ~:: said parcel a.r:d al;rees to not interfer with such
use. flo bui.ld.l.nr;s, ,fence; , c:r c;th.:r s.tmilar improve:mcnts shall bu
constructed en ,aid parcel b;,~ ~'ith.:r party unless both parties
al;rec thereto in t•rritin~. '
11, ido payments shall b;: made by either party to the other
n ~ r ~ . 't n n r . .- 6 .. (~ 4 t • . ,. h { /~ „ .... a 1., w J .. }~ s. a n ^• J .1
pare.e] , or .. ~it~rr;i:;r:. ]io':r;:v~r, Licens;;u shall be 1lablu to Lic~r;sor
for any broach of this /\1*reem~nt by Licensee or t•rhich is caused by
t•he d~vclopcr, and Licensee a(r~c'~, to indemnify Licensor and hold
Llccnsor harmless with respect to an,y losses which Licensor incurs
or would incur cn account o~' suits or claims brought by third
parties on account of the condition of said parcel or any activities
conducted thcr::on.
5, This ~('recment shall rumnin affective until terminated.
Path;.,, r.l~r..~, ~ 1::Twin,?~'_ Ia1If l~~';.^......_`r:: iit °.!lt' J~J •1 1mn1C~l~af:~'.
upon ~ivinl* written notice thereof to the other party. Licensor
shall not be ruspon:>ittle 1'or restortnr; said parcel to its original
condition, .!c riF*ht, ir.^.ludtr.~ an;t prc;r,riptiv=.~ rifht of tha pub-
lic or anv ni.:mttur.of the puh7.ic, to u:,u said parcel for coll;:ction
of flcod t~~a*.cr, for park purpos:a, or otherwise, that is crcatc:d
- LTCi;}ISIi ACRI•:Et~iPi~T
EICMST EA OT, 80LLAN0 d CNOIf
ATT011N lYf wT LAW
WOOO~UII N, O~~OON •]O]I
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STAFF REPORT
ZONE CHANGE CASE #88-0.4
Marion County has designated the applicant's property as E.F.U.
(Exclusive Farm Use). This zone district is ir. place until such
time as the City accepts annexation of this acreage. At the time
of annexation the property must fall into compliance with the
City`s land use designation of RS (Residential Single Family).
It is the applicant's desire to secure that land use designation.
(A) APPLICANT'S STATEMENT:
"The First Re-FCrmed Chi°istian Molckan Church as entered
into an P.greement to purchase approximately five acres of
land located on the corner of Hardcastle Road and Cooley
Road. It is c'ar understanding that this property is
incl'aded in the Comprehensive Plan for the City of Woodburn.
T}~e property is presently zone EFU, according to Marion
County zone designation. Our proposed purchase of the
subject property is contingent upon obtaining approval from
the City of Woodburn for anne~atior., zone change to RS,
rona~.tional 'ase approval and approval Cf our proposed site
olan. If .•:e are succe~=sf'al in obtaining all of the above
~~ mentioned items, :Ve S^.Till then Co:riplete the purchase Of the
~, subject property and build o'ar church, with landscaped
\ grounds, asphalt parking lot, playgro'and area with play-
gro'a^.d equipment and T,aicnic a'~ea. "
(B) STAFF COMMENTS:
The City`s Comprehensive Plan shows two designations for the
subject property, Residential and Open Space and Parks.
The Open Space designation has been over lair. on a portion of
the property located in the Northeasterly section of the
subject property.
A license agreement ;Attachment~2) had been drawn. up between
the City and a previous property owner which allowed the
City to access this Northeast section of the property for
development and maintenance of a park, and a basin for the
collection of flood water.
No building or other improvements were permitted on this ~
section of land without formal consent by both the City and
the property o~mer.
This area still serves the Local area and the City as a
baseball/softball field and a storm water retention basin..
It is staff's position that the_City_has a need .to continue
to maintain this area for public use and storm water
retention and to keep it free from building improvements.