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Page 1 - COUNCIL BILL N0. 1082
ORDINANCE N0. aoo~.
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15. 1988
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. June 15 ~ ].988
Page 2 -COUNCIL BILL N0. 1082
ORDINANCE N0. 2001
ATTACHMENT A
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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.
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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.
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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.
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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.
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