Ordinance 2011COUNCIL BILL N0. 1125
ORDINANCE N0. 2011
AN ORDINANCE ANNEXING AND RECLASSIFYING CERTAIN PROPERTIES LOCATED ON
THE EAST SIDE OF HIGHWAY 99E, NORTH OF TAYLOR HONDA, FROM MARION COUNTY
COMMERCIAL RETAIL TO WOODBURN CG (COMMERCIAL GENERAL) CLASSIFICATION.
WHEREAS, the Woodburn Comprehensive Plan Map has established
certain use zones within the Gity of Woodburn's Urban Growth Boundary;
and
WHEREAS, annexation and zone change proceedings have been held
before the Woodburn Planning Commission and City Council in accordance
with ORS 222.120, 222.170 and 222.180 and Chapters 7 and 15 of the Woodburn
Zoning Ordinance, and
WHEREAS, notice was duly given and the consent of the requisite
numb?r of land owners obtained so that annexation could be completed without
the calling of an election; and
WHEREAS, the City Council deems the classification CG (Commercial
General) to be in the public interest, in satisfaction of a general public
need, and is in accord with the Comprehensive Plan, NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. The following described property within the City
of Woodburn's Urban Growth Boundary, Plarion County, State of Oregon, is
hereby annexed into the City of Woodburn and reclassified from Marion
County Commercial Retail use to City of Woodburn CG (Commercial General):
PARCEL A (TL# 92890-010)
Beginning at the Northeast corner of Lot 2, Woodburn
Fruit Farms, P1arion County, Oregon; thence West, 12.0
feet; thence South 30° 19' West, 100.0 feet; thence
West, 250.0 feet to the East line of the Pacific Highway
99E; thence South 30° 19' West, 97 feet more or less
along said East line to a point vdhich is North 30°
19' East, 285.0 feet from the Northwest corner of
the tract of land conveyed to John R. and Josele Taylor,
Page 1 - COUNCIL BILL NO. 1125 ORDINANCE N0. 2011
by deed recorded in Volume 660, Page 164, Deed Records
for said County; thence along a line which bears South
59° 41' East to its point of intersection with a line
which bears South from the point of beginning, said
line being the East line of said Lot 2; thence North
along said East line to the point of beginning.
PARCEL B (TL# 92890-061)
Beginning at a point which is West 142.0 feet, South
30° 19' West, 100.0 feet West, 250 feet and South
30° 19' West 382.0 feet from the Northeast corner
of Lot 2, Woodburn Fruit Farms, Plarion County, Oregon,
said point being the Northwest corner of the tract
of land conveyed to John R. Taylor and Josele Taylor
by deed recorded in Volume 660, Page 164, Deed Records
for said County; thence South 59° 41' East, 735.57
feet to a point on the East line of said Lot 2; thence
North along said East line to its point of intersection
with a line which bears South 59° 41' East from a
point which is North 30° 19' East, 285 feet from the
point of beginning; thence North 59° 41' East along
a line to its point of intersection with the East
line of Pacific Highway 99E; thence South 30° 19'
West along said line to the point of beginning.
Section 2. This action is taken based upon the staff reports
and findings which are attached hereto and, by this reference, incorporated
herein.
Section 3. The City Administrator is hereby directed to correct
the Woodburn 7_oning ~9ap and City Limit Boundary to the classification
and boundary change herein made.
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Approved as to form:-
Gity Attorney Date
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APPROVED.' ; ~, ;.,f.~,•,~ .,~ %-,.._._ . ,
NA CY A. ~°KIRKSEY, MAYOR j
Passed by the Council __ January 23, 1989
Submitted to the ~1ayor January 23, 1989
Approved by the Mayor _ January 23, 1.989
Filed in the ,Office of the Recorder _ January_23, 1989
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ATTEST: %`%-r'' ~ ~~.=~~ c~ ~~i r,r t t z..-~
~BAI~NEY 0. ¢tfRRIS~`~ ECORDER
City of Woodburn, Oregon
Page 2 - COUNCIL BILL N0. 1125 ORDINANCE N0. 2011
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STAFF REPORT
ANNEXATION CASE X88-03?
1. INTRODOCTION-
,;~`
The applicants Dempsy and Mary Sullivan are requesting
annexation of approximately 8 acres that adjoin the Woodburn
city limits on the East side of State Highway 99E just North
of Taylor Honda (See Map I).
2. GENERAL INFORMATION:
(A) 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 Iaw~and Annexations, the "triple
Majority" rule prevails. That is, a majority of the
land owners own mare than half of the land (8 acres)
and represent more than half of the assessed value of
all real property. Because there is only one owner and
he is requesting Annexation (Attachment I) the annexa-
tion 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 annexation. by"''territory;`-
proclamation. with and .without city election; ordinance
of .annexa.tion;records transmitted to Secretary of
State... (1) .the legislative body of the City need-not
.call`ar hold~an election in any, contiguous territory
proposed ~tca be annexed, or-poste notice in ,the con=
tiguous territory, i~f mor.e than half..of.the owners of
land 3n the territory, who also awn mare than half of
the land in 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 Attachment 5).
(a) The public hearing is held under ORS 222.120,
if the City legislative body dispenses with submitting
the question in the registered voters of the City.
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(B) LAND USE INVENTORY:
Presently the City has 344 acres of land designated for
Commercial use within the city l:~.mits {See Table I).
Of that 211 acres are in use. This leaves approximate-
ly 133 acres in land parcels ranging in size from 60' x
100' lots to 15 acres available for development. The
proposed annexation would represent an additional S
acres being added to that inventory.
TABLE I
COMMERCIAL LANDS INVENTORY
LAND IN VACANT+ VACANT+ TOTAL
USE AVAILABLE AVAILABLB
Inside City
Limits 211 133 0 344
Within Urban 12 + - - 460
Growth Bndry.
3. COMPRBHENSIVE PLAN STATEMENTS:
(A) POLICIES FOR COMMERCIAL LAND DEVELOPMENT:
(1) The City should at all times have sufficient-land
t_o.accommodate the retail needs o.f, the City and
the ,.surrounding market area. The. City presently.
has four major commercial areas: 99E, I-5
. In.tercharige;°the, Downtown area and.the,224/.211/99E
~: four` .corrier~ intersection area.' N~o new areas
should be: established. {Vol. `I~, Pg.. 24)..
(B ) POLICIES FOR AItiR~TEXATION:
{1) Annexation policies are extremely. important-for.
the City:. While it is important that enough land
is available for the necessary development
anticipated in the City of Woodburn, it is also
essential to prevent too much hand being included
in the city limits as this leads to inefficient,
sprawling development. Because of the need to
plan for 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).
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(C) DBVSLOPMBNT ZONES:
The City should encourage development in areas of
existing facilities first. Secottdly, the City should
encourage development in areas where extensions of
existing City services can be accommodated. The City
should encourage development of new areas to which
services can abe most cheaply extended to. The City
should develop any other areas only as a last resort.
The City will adhere to the policies in the Storm
Water and Water and Sewer elements of the Comprehen-
sive Plan. (Vol. I, Pg. 24).
(D) 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 Plan. (Vol. I, Pg. 30).
(2) The County shall retain responsibility for
regulating land use on lands within the urban
growth area until such lands are annexed by the
City. The urban growth area has been identified
by the City as urbanizable and is considered to be
available, over time, for urban development.
(3j The City and County shall strive to. enhance the
livability of~. the urban :growth. .area and -to ::
promote 1.ogicaT ~ and orderly. ~developraerit ~fiherein
in a cost effective manner.-.The County shall not
allow urban ..density uses within. the urban growth
boundary prior to annexation to the City unless
agreed to in writing by-the City. `City sewer :and
water facilities shall not be extended. beyond the
city 1imi;ts, except as may-:be.agreed to in.
writing by the City and County. {VoI. I, Pg. 30).
(4) Conversion of land-within the boundary to urban
uses shall be based on a consideration of:
(a) Orderly, economic provision for public
facilities and services;
(b) Availability of sufficient land for the
various uses to insure choices in the market
place;
(c} LCDC Goals;
(d) Encouragement of in-filling development
within developed areas before conversion of
urbanizable areas; and
C
(e} Applicable provisions of the Marion County
and City Comprehensive Plans. (Vol. I, Pg.
30 } . ~~
4. FINDINGS•
~:.
(1} The applicant is the sole applicant and owner of the
property. Being the only property owner requesting
annexation the City is not obligated to seek approval
from the registered voters of the City of Woodburn.
(2) The proposed annexation lies within the urban growth
boundary as identified in the City's adopted Comprehen-
sive Plan Map. Therefore, a request for annexation is
feasible.
(3) Adequate land presently exists to accommodate commer-
cial development within the existing city limits.
{4} The annexation would reflect a land use designation
identified on the Comprehensive Plan Map.
(5} The proposed site is contiguous to the existing city
limits.
(6} The City has the capability to handle the water, sewer
and storm drain demands of the proposed uses as long as
specific conditions are. met by a potential developer.
5. RI3CQbII+~NDATION:..
-Staff r;ecommends..approval of Annexation Case #88-03.
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270 Montgomery Street • Woodburn, Oregon 97071 • 982-5222
November 29, 1988
~F.R'I'TFTF.i)
Dempsy D. & Mary M. Sullivan
1942 Rockland Drive, NW
Salem, OR. 97304
Dear A4r. & Mrs. Sullivan:
At this time the City of Woodburn is proceeding with the
process of potentially 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 CR
(Commercial Retail) by Marion County to a City designation of
CG (Commercial General). 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 7, 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.
~~
Signatu e o Property Owner(s)
Dumps D . Su l iva ~~11
~igi~a re ol~"groperty OwnerTs )
Mary Sullivan
Date Signed: ~. ~ ~~
<`M1.
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VICINITY MAP
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Applicant's Site Plan
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STAFF REPORT
ZONE CHANOE CASE #r88-03'
1.
INTRODUCTION-
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Marion County has designated the applicants property as CR
(Commercial Retail). This zone district is in place until
such time as the City wishes to annex this acreage. At the
time of annexation the property must fall into compliance
with the City's land use designation of CG (Commercial
General). It is the applicants desire to secure that land
use designation which would allow him to expand his commer-
cial development. (See Map I).
(A) APPLICANTS REQUEST:
"Far the past 20 years this 8 acre parcel has been
occupied by Kilroy's Mobile Hame Sales. The back 5
acres have not been utilized.
Plans are now to split the property in two parcels with
Kilroy`s Mobile Home Sales using the North approximate
3 acres (Parcel 1) and a new business, Kilroy's self
storage using the South 5 acres.
Development is planned in three phases. The first
phase will include the new construction of 5 storage
buildings ..:with a.total .of.29,.750 Sq.Ft.-and.a new..-
affice complex of 3,200.Sq.Ft: The office building
will contain space for,bot:h ;businesses as well ,as
quarters' fo.r ' the stoxage .m~nagex. :;A11 ,approp.rate
dxainag.e, ~ water i.ines, fire.. protection,` driveways;. .
lighting,. signs, sewer, utilities, irrigating system
far landscaped area, fence,.:asphalt paved streets and
appropriate.paving,for mobile home. display area.
Phase II will consist of 18,800 Sq.Ft. of new storage
buildings with asphalt streets.
Phase IIL will consist of 18,060 Sq.Ft. of new storage
buildings with asphalt.streets."
2. BURDEN OF PROOF: (ZONING ORDINANCE)
(A) 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: ("a" is excluded).
(b) To support a zone change, the applicant shall:
(1) Show there is a need for the use proposed;
and
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(2) Show that the particular piece of property in
question will best meet that need.
s
(c) A City Council decision on Zbne and Comprehensive
Map amendments are "judic,ial like", in that a
decision must consider the Evidence and weigh that
evidence against what the' Comprehensive Plan
directs the Council to do .'
(1) The property in question is presently being
utilized for a mobile home dealership with
the remainder of the parcel, approximately 5
acres is vacant.
(2) Marion County has designated this parcel for
Commercial use. Tn its Comprehensive Plan
and Zoning Map. The City of Woodburn also
designates this parcel for this use.
{3) The Woodburn Comprehensive Plan describes the
parcel area as part of a commercial core.
(4) To expand and improve the site requires City
infrastructure services be provided.
(5) The proposed uses is to expand the mobile
home sales and mini storage facility.
3. FINDINGS.:..
(1) The Marion County Comprehensive~Plan Map has. designated
the. concerned.:parc:e~1..: for Commercial- use.. .
(2) The City of Woodburn's Comprehensive Map designates the.
concerned property. for Commercial use.
(3) The,-zone amendment from, County to City Commercial use
is in.keeping.with both plans.
(4) The proposed uses of a manufactured home sales lot and
mini storage facility are permitted uses in a Commer-
cial zone.
4. RECOMMENDATION-
It is recommended that the request for zone change to CG
(Commercial General) be approved based on established
findings.
5. CONDITION OF APPROVAL:
(i) A Site Plan and approval is required for any proposed
development.
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