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Ordinance 2001C ~ ~,~, ~~~ =N~: 1082 ZOOl ~~~ ~I~~rel~a~x~r~ ~~~~~~hxai:~r~ ~'i~ ~~ ~c~rzix~ t~~~ir~~n~e h~v~ ~~t~lil.i~a ~~~~~ix~ l~r~cl ~~~ wri~hin the ~it~r ~5~~- ~la~ ~~~dl~~x~x~ Gi~~ C~~~~:Ii ~~~ ~~tri~~r~e3 ~~ ~~i; ~ Nom. ~~--~8 ~ c~i;~~~ ~Li~ ~~~I3.~ ~~€~~,i~t~~~r ~~~ 8~~i:i®xa ~.. 'l~he 1~~~i . de~~3~~i~~ ~~. ~~~ i,x~~r~ltrecl ~~i A ~~~~ cad 1~r~d. ~i.~~i~cl 3a~ ~~i~~ a8p ~~a~i. ~ ~~ta~~ ~ ~~~ ~~ ~~c~fl~ ~ ~~~~~i~~d ~~lx~a~ Page 1 - COUNCIL BILL N0. 1082 ORDINANCE N0. aoo~. (~~ ~'t t~~hi~~T2.t "~" ~er°tic~rt 2. The ~°e~1 Ia~npe~`ty' de~c~3bed in 8~~tinn 1 n~ the c~~~~t~~r~ne ~~ h~x`eh~r ~rane~ed to the G~.t~ n '~nc~clkr~.~ra ~~e~ the Cnmp~ehen~ive P~~ .,~~~ i~ he~`eby ~.rne~~e~ ~rnm Re.l~entl.al ~3raltl,-~ ~em~~y to ~nr~me~`e;~~,1. ~ent.i~r~ ~ . The ~,t2~ cl~~n~;~.lat.lc~~ n~ ~~.a~~ ~], ~a~°n ~t~ ie he~ehy ~°enl~.~~ f3.ed ~~`nm its ~~`eeer~t deeic~n~t~cara n~ Cntxr~t~ ~~~tt~e~°n3~1 t~e~ser1® tc~ the ~e~ ~eFlc~t ~nx~ of ~it~ ~C~ (~c~mrne~`nl..l. ~e~aex`~].) . ~e~t$n~ ~. The ~r~x~e~t~nn~ C~r~t~~`ehe~i~~re P1~~ ~t~-ex~clme~'it rid ~caz~ ~h~xage ~ ~b~ent to the nnnditinnL~ cnnt~.~~d yin A'h'~;~nhtrieTlkt ee~;i-.~ ~t'tt+~7!~C`~ h~~'°'~.C~ ~81~ ~.Y1.~Cl~^'~n~`te~ hF~~'.~.t'~o '~ht the ~n~.~n.i1 ~ixad~ ~ea.enra~ale. 8e~tin~ ~. The Ax~:~e~:~tin~, Gnr~~eher~~,l~re ?Plr~ A~eclet ~ncl the ~+~n-~n~ ~ec13.fi~atinn n~ ~3.r~ ~~npe~°t~r ~~`e b~~e~ ~xpn the ~t~ff ~epn~t en,rl ~~en.~~'3.c~Il~' 'the 3.x~di~:~ n~ ~~la~`ca~rl. nnr~t~ixaed lx~ the ~t~f£ ~e~n~t vahinh ~x`e ~tt~nhecl he~et~ Ait'~~hl~tE~X1t ee$ee ~YtC~ ~~ th~,~ ~'e~~`~Xl~e a.2°l~n~`~1C7~`~t~f~ r1.~~°~~lt. ~eCt:~.~11'!. ~. ~`he ~'~.t'~ a~.C~#11~.3C1~.~t~`~tCJI" nx' h~.~ 't~e~~~Ylee ~.~ hex`ek~~ ~~~ente~ t~ rn~~ert the &~nnclt~~~~~ ~~a~~~`ehezx~~e P1. M~ ~,rzd the ~n~in~ Nd~~ to the nl~~i~~.n~tin~n he~`ein made. City Attn~`xxe~ .~.` .~` _ _ PtA~t'GY ~ . ~ ' ,~ $E~t' , MA P~~~e~ bar the Cc~un~i 1 ~talsmitteel tca flee NdZrn~° ~~~n~ec~ bar the 1,~9~,yn~ ~"iled ire the b~Plne n~ the ~enn~cle~ ~, . 4~b l.d p~1L3UR~P ~61.~in ~`4i~ _ ~. 6d <&t~ F.A~ V~n~.6~A~bRA, dlAi 6.l d. T~bldd. ~3ete June 11.3. 1988 15. 1988 .~~ wJune 15 a. 1.988 ~,. . June 15 ~ ].988 Page 2 -COUNCIL BILL N0. 1082 ORDINANCE N0. 2001 ATTACHMENT A °~~/ aA~ W 1 `ia„'.W 1 w ~~.''-~.~1~ N ~( ~ ' ~ t ~ ~s ~Y~ r j ~ -~ ~ W a;;.:,t a ~..,~ N2YT3-oo,° .:.:.:~~; :::" ~6 bf'os:c .vitas' =.'::: f~ ~, i .. i ' ~~ ~ . 3='67 v~L' I .. ~ I ~~- ' ~( STAFF REPORT ZONE CHANGE & ANNEXATION ANNEXATION CASE #88-01 APPLICANT: Fraternal Order of the Eagles LOCATION: 371 South Pacific Hwy. ZONE: (County CG) REQtTEST : Applicants have requested to Annex a 0.91 acre parcel located at 371 South Pacific Hwy. and to amend a conflict between County zoning and City Comprehensive Plan designation; parcel is zoned Commercial General, with County but designated as Residential on City Plan Map. The applicants currently use the property as a lodge for their Fraternal Order of the Eagles. No changes to land use are being proposed at this time. There is, however, a non-conformity betvaeen the City's Comprehensive Plan designation and the County's zoning designation. If the City were to Annex and rezone the subject property for Residential uses, the effect would be to render the Eagles Club non-conforming. There appears to be a significant need on the part of the Eagles Club to become part of the City, since they are currently without water. The City will require the Club to extend necessary public utilities (water line, etc.) to the South property line of their subject property. The City does not provide municipal utilities and/or service to unincorporated parcels, so the needs of the applicant and the City are best met by this Annexation proposal. The Eagles organization only owns this one property near ., Woodburn. No other property that,. is owned by the Eagles is currently available within the city limits. - 1 - FINDINGS: (1) The applicant is the sole owner of the property, as such, the City is not obligated to seek approval from registered voters of the City of Woodburn. (2) The redesignation of this property to Commercial upon Annexation will secure the already established property rights and will allow for planned expansion and/or improvement. (3) The proposed Annexation lies entirely within the Woodburn Growth Boundary, and is contiguous to the existing city limits. (4) The City has coordinated its efforts with the County as per the City/County Urban Growth Boundary Agreement. RECOMMENDATION: Staff recommends that the Planning Commission approve the Annexation request subject to the following conditions: (1) Applicants shall pay the cost for materials to extend the City's water line South to the South property line. (2) Until Annexation is complete the City shall provide temporary water service at a rate one and one-half times the standard rate. - 2 - STAFF REPORT ZONE CHANGE & COMPREHENSIVE PLAN AMENDMENT ZONE CHANGE CASE X88-03 APPLICANT: Fraternal Order of the Eagles LOCATION: 371 South Pacific Hwy. ZONE: (County CG) REQUEST: Applicants have requested that the Comprehensive Plan designation, be changed from Multi-r^amily Residential to Commercial and to change the zone from CG (County Com- mercial General) to CG (City Commercial General). CONSIDERATIONS: (1) It appears that the Woodburn Comprehensive Plan currently has the subject property designated for Multi-Family develop- ment. However, the parcel is already zoned, built and com- mitted to Commercial uses. The City feels that the best way to resolve the City/County zone conflict caould be for the City to redesignate the pro- perty as Commercial on the Comprehensive Plan Map and to rezone it to Commercial General to stay consistant with the County's designation. (2) Because this property is built and committed to Commercial activities no demonstratable public need will be served by down zoning upon Annexation. The applicants have proposed no change, alteration, or expansion of land use with this request. (3) The City can best meet the applicants needs through annex- ation and zone change, by providing them City services, and the general public will benefit by realizing the necessary extension of City services further to the South. (4) The applicants do not have ready access to other appropri- ately zoned property within the City. (5) The applicants could not make reasonable use of the property if the plan designation and zone are maintained as residential. The use would automatically become non-conforming, making change, alteration, or expansion of the use, conditional at best. - 1 - COMMENTS: (1) MARION COUNTY: "The property is Boundary and we posal. located within the adopted Urban Growth have identified no concerns with the pro- Annexation proceedings are entirely City matters. The County has no role other than reviewing proposals and commenting on them in accordance with our existing Urban Growth Boundary and Policy Agreement. When final action is taken on an annexation the City must file information about the action with the appropriate State and County agencies, including notice to the County Planning Division." (2) DEPARTMENT 0~ LAND CONSERVATION AND DEVELOPMENT: No comments have been received to date from DLCD. FINDINGS: (1) Properties boardering the subject parcel to the North are currently zoned for Commercial General uses by the City, while properties to the South are currently zoned for Retail Commercial uses by the County. (2) The subject parcel has been improved for uses other than residential. This action will effectively keep the sub- ject property and existing use from becoming non-conforming. (3) Because the land use has already been established, and no plans for expansion have been proposed, the impact to adja- cent properties will not change. (4) This action will effectively resolve the current conflict between the City/County land use plans. (5) This action remains consistant with the Goals and Policies of the City/County Urban Growth Management Agreement. RECOMMENDATION: Staff recommends that the zone change and plan amendment be approved with the following condition: (1) The Zone Change and Plan Amendment will only be finalized upon formal Annexation of the subject property. - 2 -