The URL can be used to link to this page

Ordinance 1928COUNCIL BILL N0. 900 ORDINANCE N0. 1928 AN ORDINANCE APr1ENDING THE COMPREHENSIVE PLAN MAP AND RECLASSIFYING CERTAIN PROPERTY LOCATED ADJACENT TO AND ON THE WEST SIDE OF STATE HIGHWAY 99E FROM IP (INDUSTRIAL PARK) TO CG (COMMERCIAL GENERAL) AND DECLARING AN EMERGENCY. WHEREAS, the Woodburn Comprehensive Plan and Map pursuant to said ordinance has heretofore established certain land uses within the City of Woodburn's Urban Growth Boundary, and WHEREAS, The Woodburn City Council has reviewed the record in Comprehensive Plan and Zone Change Case No. 85-O1 and considered the public testimony previously presented; NOW THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The involved real property designated as Lot Three (a), is described by the map attached to this ordinance and labeled Exhibit "A". Section 2. The Comprehensive Plan designation of said real property is hereby amended from its present Industrial designation to Commercial. Section 3. The Zoning designation of said real property is hereby reclassified from its present designation of IP (Industrial Park) to CG (Commercial General). Section 4. The Comprehensive Plan and Zone reclassification of said real property are based upon the staff report to this property and specifically the findings and conclusions contained in the staff report which is attached hereto as Exhibit "B" and by this reference incorporated herein. Page 1 - COUNCIL BILL N0. 900 ORDIPJAPJCE N0. 1928 Section 5. The Comprehensive Plan Zoning amendments are subject to the conditions as contained in Exhibit "B", attached hereto and incorporated herein, that the Council finds reasonable. Section 6. This ordinance being necessary for the preservation of the public peace, health, and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the P~layor. Approved as to form: ~. ~ ~_ City Attorney Passed by the Council Submitted to the ~4ayor Date ...~ Approved: $°` ~~ William J. C ine, Playor October 14, 1985 Approved by the Mayor Filed in the Office of the Recorder ATTEST • ~- ~~ ~ ~~~ ~ f' BB ey OJ.~'Burris, Recorder City of Woodburn, Oregon October 16, 1985 October 16, 1985 October 16, 1985 Page 2 - COUNCIL BILL N0. 900 ORDINANCE N0. 1928 -----• •.••••..•• EXHIBIT ..A.. ~ ~ y ~¢ i • ~"' _ ` (~ O ' Z • m ' _O ~- va ~ H 4----~ ; ~ ~.oY ~ O V- • c~ Q O s / Oa ._ Q i \~. ~ W ~ ~. ti • M ~ ~. ,` ~ --- Z a. ¢ a ~ W _ Z, p W ~ a/ ~ ~ Z Q / ~ J / / lj / ~~ ~O i • .... ~ ; ~ ,~ ' r 0 0 _ s ~ 7 ~ ,r ~~ ~ ~` ~ 0 U ,. ~ _- -~ Y \ N~'W WW~yy - - - .. _ . wa ~ ~ ~ -- Y C a Q a i °~ 1~ ~ ~ i,,~ ~ t~ C ~ V U ~ ~ 5 M•~ J~ / + '• i' .J J y' u °r ~ r J Q -- ~= ~ V ~ rry ~~ - J~ !- ~ Q ~- Y to W iL, ~ ~ . - _ 0 ~ F- Z O 11~. ~' • ~ J j U ~ ~ ~ -~ ~~ ~~ ' b~ STAFF REPORT LOT 3 OF MAP I INTRODUCTION: At the last Planning Commission of August 22, 1985 staff was instructed to review alternatives that may satisfy the City Council's concern that a broader number of uses be allowed within IC Zone. PROPOSAL: Amend Farm Implement and Shop-N-Kart from an IC (Industsrial Commercial) zone designation to CG (Commercial General). COMMISSION ACTION Amend the Comprehensive Plan Map from Industrial to Commercial Amend the Zoning Map from IC (Industrial Commercial) to CG (Commercial General) District. POSITIVE LAND USE FINDINGS Adds approximately 8 acres to the Commercial land use base. P,emoves Shop-N-Kart from the non- conforming status. The Farm Implement property would be allowed a greater number of Commercial use alternatives, The expansion of CG would be contiguous to the existing CR (Commercial Retail) uses front- ing State Highway 214. CONDITIONS OF APPROVAL: NEGATIVE LAND USE FINDINGS Removes approximately 8 acres from the Industrial lands in- ventory. The Industrial lands removed from this designation repre- sent Industrial lands serviced by all utilities. The Fram Implement property could no longer be allowed the oppor- punity to be used for Industrial uses in the Commercial zone. Both parcels have frontage onto National Way. A potential exists to generate Commercial vehicular traffic into the Industrial Park. Farm Implement would become a non- conforming use. Comprehensive Plan (Vol. I, Pg. 26, Item C(8)) calls for the protection of industrial lands from Commercial encroachment. 1) Access limited to National Way to the affected properties to truck entrances only. ~~ X ~1 r ~ > ~~ ~t ~~ +~ PROPOSAL: Amend the IC (Industrial Commercial) zone to accommodate additional Com- mercial uses. Secondly amend the zone desi nation from IC to a new name designation that being IS (Industrial Sales. COMMISSIOPJ ACTION Does not require a Comprehensive Plan Map change however this is a subjective decision depending on how weighted the the zone is towards Commercial uses. ALTERNATIVES: (A) Maintain the existing land uses. The change in the name of the zone designation from IC (Indus- trial Commercial) to IS (Indus- trial Sales). (B) Add additional land uses to the IC zone designation. (C) Redesignate the properties from IC to CG (Commercial General). ALTERNATIVE (A) POSITIVE LAND USE FINDINGS Does not require amendment to the Comprehensive Plan h1ap. Maintains a close relation to Indus- trial oriented uses. Allows Industrial uses and "Rest- ricted" Commercial uses. Psreserves this area for small lot Industrial developments that want highway visibility. ALTERNATIVE (B) POSITIVE LAND USE FINDINGS Same as alternative (A) POTENTIAL ADDITIONAL USES: NEGATIVE LAND USE FINDINGS NEGATIVE LAND USE FINDINGS Depending on the number of additional land uses allowed the IC zone designation becomes more representative of a Com- mercial desggnation rather than an Industrial land use design- ation. Sales lots for mobile homes, boats, trailers, cars and lumber yards. - 2 - ALTERNATIVE (C) POSITIVE LAND USE FINDINGS RECOMMENDATION: NEGATIVE LAND USE FINDINGS Amend the Comprehensive Plan and Zoning htap from Industrial to Commercial/lose 25 acres of Indus- trial. A minimum of 45 acres of Industrial designated lands in the "Four Corners Area" will be lost to a Commercial designation. Comprehensive Plan (Vol. 1, Pg. 26, Item c (8)) calls for the protec- tion of Industrial lands from Com- mercial encroachment. National Way would realize addi- tional traffic loadings on a street originally intended to accommodate Industrial traffic. Would result in the removal of 25 acres of the only remaining Industrial land with full City services i.e. storm, water, and sewer. Staff recommends the approval of Alternative (B). - 3 - The focus of discussion of the IC (Industrial Commercial District) is whether the intent of this zone designation is to compliment Industrial or Commercial uses. Initially when this zone was incorporated into the Zoning Ding 0r inadroad nce the primary intent was to provide an opportunity for Industrial manufacturers an opportunity to wholesale products at their sites. However this zone has within it two commercial activities i.e. Shop and Kart and Lennon Implement. It is staff's understanding these uses are non-conforming. Therefore, the issue of the allowing Commercial land use in an Industrial zone brings into question the entire existence of the IC zone code in its present form. Under our Zoning Ordinance it is not permitted to allow Commercial uses in an Industrial zone. (See Attachment I). Staff's concerns in regards to Commercial intrusion into the IC zone are also borne out by John Fregonese the previous Planning Director who add- ressed this issue in an earlier staff report and is captured in the follow- ing quotes. In staff's opinion, development of this area as Commercial would be much more detrimental to the City in terms of its transporta- tion system than if it were to develop as Industrial. The Insti- tute of Transportation Engineer's informational report "Trip Generation" states that fora standard Industrial Park trip gene- ration rates would be 9.4 vehicles/hour/acre between 7:00 and 9:00 a.m. and 10.2 between 4:00 and 6:00 p.m. The same figures fora new car sales would be 52.5 between 7:00 and 9:00 a.m. and 79.5 between 4:00 and 6:00 p.m. The average traffic generation, then, fora car sales as compared to an Industrial Park would be eight times as large. In staff's opinion this would be an unneces- sary burden to place on the already dangerous and overloaded State Highway 99E .... However, the proposed amendment to the plan, adding car lots to the IP zone as a conditional use, does not appear logical. This is the only way we could see to allow a zone change promised by the Council to continue for the specific use requested, while protecting the area from other Commercial uses. However it does not seem to fit into the purpose and intent of the zone code for the Industrial Park .... However, while we realize that for political reasons the change may be required, we cannot recommend it as the best course for the City. We would recommend a complete reversal of the zone change which was granted, with no provision for car lots . (Zone Change #79-5 IC to IP)." ° " PUBLIC HEARING DISCUSSION: LOT 3 OF MAP I (A) Review the option of amending the zone designation to reflect some Retail uses. (1) Commercial uses are not allowed in the Industrial zone. (2) The IC (Industrial Commercial) zone specifically prohibits Commercial uses. (33.020). ATTACHP1ENT I (3) The Comprehensive Plan and Zoning Map must be amended to a Commercial designation rather than its present Industrial Park designation. (4) A Commercial designation of the IC zone would lengthen the Commercial uses adjacent to 99E for approximately 2,000 feet the Shop-N-Kart store Northward towards the city limits. (5) A Comprehensive Plan and Zone amendment to Commercial would remove all the remaining IC designated properties from the land use map. (6) An amendment to Commercial would satisfy Mr. Johnson's pro- posal. (Attachment IV). (7) The allowance for Commercial Retail uses would necessitate driveway access onto 99E. This reduces the objective of utilizing National Way as the primary access point for these properties. (8) Frontage to 99E would insure "unsightly" materials would not be stored on the 99E frontage. However Cahpter 34, Section 34.070 and Chapter 33, Section 33.090 require landscaping and fencing. (9) A change to Commercial use would add approximately 25 acres to the City's Commercial land inventory. (10) The proposal submitted by the applicant (Attachment IV) would reflect the broadest number of land uses allowed for any one designation in the City. A distinction usually under land use planning practices left to the CG (Commercial General) zone. (B) Maintain the existing IC zone uses recognizing those properties i.e. Shop-N-Kart as non-conforming. (1) Maintains the existing Comprehensive Plan Map designation of IP (Industrial Park). (2) Maintains the existing zoning designation IC (Industrial Commercial) and its land uses. (3) Restricts the intrusion of Commercial Retail uses into the IC (Industrial Commercial) zone. (4) Preserves this area for small lot Industrial developments that want highway visibility. (5) Maintains the only IC designated lands left in the City. (6) Limits the number of potential driveway access points onto 99E. Restricting access to this highway no more penalizing than for the Industrial Park users. (7) Site Plan Review Chapter 11 of the Woodburn Zoning Ordinance can insure against unsightly development or storage of materials. ATTACHP1ENT I THE FOLLOWING INFORMATION IS THE SAME MATERIAL AS INCORPORATED IN YOUR PREVIOUS PACKET THAT SPEAKS TO THE IC ZONE ISSUES. INDEX DISCUSSION PAPER ................................... ATTACHMENT I THE "OLD" IC ZONE USES ............................. ATTACHMENT II THE PROPOSED IC ZONE USE ........................... ATTACHMENT III MR. RAY JOHNSON'S PROPOSAL ......................... ATTACHMENT IV MAP I - LOT 3 .. .................................... EXHIBIT ~~A~~ C) LOTS 3 OF MAP I That area North of the Payless/Safeway complex to both sides of Industrial Avenue on the West side of State Highway 99E is designated Industrial use on the Comprehensive Plan Map and IC (Industrial Commercial) on the Zoning Map. The primary criteria for location of a business in this zone was one in which retail uses are prohibited. ATTACHMENT I (C) Modify the IC zone to reflect only those uses identified in Chapter 33 and delete the "service" uses allowed under Chapter 28, Items C-K. (1) The broad number of uses allowed under the IC zone would appear to nullify its intent of being preserved for indus- trial uses. (See Attachment I, Chapters 33 and 28). (2) Staff interprets this zone to be a hybred born out of poli- tical compromise. One in which there is great difficulty in justifying its existance or defining its nature from a land use point of view. (3) Staff foresees that many of the uses presently allowed will demand and should be allowed direct access to 99E. (Attach- ment I, Chapters 33 and 28). (4) To remove uses as allowed in Chapter 28 and incorporate some "limited°' Retail uses (depending on the type) may result in a definition of what constitutes an IC zone and whether it should be identified as a Commercial or Industrial Land Use Map designation. (D) A fourth alternative would be to modify the IC zone to reflect some- thing similar to Mr. Johnson's proposal (Attachment IV) and amend the Zoning and Comprehensive Plan Map from IC (Industrial Commercial) to CG (Commercial General) for the existing, but now non-conforming, Shop-N-Kart. (1) The zone change to CG for Shop-N-Kart would remove the non- conforming status. (2) Amending the uses allowed in the IC zone to something similar as suggested in alternative "C" above while reviewing Mr. Johnson's proposal may result in a zone designation that does not conflict with the "intent" of the IC zone. (Attachment U). PUBLIC HEARING DISCUSSION: LOTS 3 OF MAP I (a) Maintain the existing Comprehensive Plan Map designation of IP (Industrial Park). (b) Maintain the existing zoning designation IC (Industrial Com- mercial) and further restrict retail use. (c) Encourage access from National Way and to discourage access to 99E with some additional uses if they are "Industrial Like" in the IC zone. (d) REASONS: (1) The allowance for Commercial Retail uses would necessitate driveway access onto 99E thereby reducing the objective of utilizing National Way as the primary access point for these properties. (2) Restrict the intrusion of Commercial Retail uses into the IC (Industrial Commercial) zone. (3) Preserve this area for small lot Industrial developments that wants highway visibility. ATTACH('~iENT 1 STAFF COMMENTS: (A) It is suggested the zone designation IC (Industrial Commercial) be amended to IR (Industrial Retail) zone or IS (Industrial Sales) zone. The implication by either of the two zones would hopefully imply that only the sale of Industrial products manufacatured on the site would be allowed. This would then lessen the confussion that prevails with the IC designation which implies either Commercial or Industrial uses are allowed. (B) The IC zone identifies a land use designation that provides a tran- sition between manufacturing and retail sales. The manufacturer now has the opportunity to utilize a portion of the building site for retail sales outlet for his manufactured product. (C) Many of the uses now identified in the IC designation are no longer allowed. For example, bonding companies, notary public, detective agencies, motels and hotels. (D) Optional business's are also eliminated i.e. auto sale lots and car wash facilities have also been removed. CONDITIONS OF ZONE DESIGNATIONS: (A) Only two access points be allowed onto 99E for the IC properties fronting 99E and National Way. The reason being to restrict traffic egress and ingress thereby limit- ing disruptions of vehicular traffic onto 99E. The two access points should be shared by adjoining property owners with internal circulation on private property fronting 99E. (B) By limiting retail sales to manufactureres to a percentage of the total gross floor area (less than 50%) the manufacturing and not retail sales remains the dominant use. D) LOTS 4 OF MAP I This eleven acre site adjacent to State Highway 214 and Progress Way has been the focal point of controversy in this area. Presently it is design- ated as Industrial on the Comprehensive Plan Map. The proposal to amend the Comprehensive Plan and Zone to Commercial General by the property owners has failed on two occasions. The rational for denial for the plan and zone change are substantiated in Attachment II. In assessing the findings of facat that resulted in denial the Commission and Council may agree with Planning Staff that the main reason denial was given was because the proponents proposal conflicts with the Goals and Policies of the Comprehensive Plan. Therefore any review for a land use change for this property would most definately require an amendment to the Goals and Policies of the Compre- hensive Plan. ATTACHMENT I WOODBURN ZONING ORDINANCE CHAPTER 33 IC INDOSTRIAL COMMERCIAL DISTRICT 33.010', Use 33.020. Retail Sales Prohibited 33.030. Pollution Authorit Y Approval 33.040. Conditional Uses 33.050. Optional Business 33.060. Height 33.070. Rear and Side Yards 33.080. Front Yards 33.090, Open Storage Yards 33.100. Landscaped Yards 33.110, Site Plan Review Re uired ATTACHh1ENT II WOODBURN ZONING ORDINANCE Section 33.010. Use. District no buildin Within an IC Industrial Commer i l enlarged, or or c a designed~tosbe usedre or premises shall be used, enlarged except for one or more of the aollowing use y altered (a) Any s use permitted under Section 28.010 (c) th (b) Ind rough (k); ustrial (1) uses: Applicances, offic equ e and electrical product ipment manufacture; (2) Food, grain, feed and derivative products processing; (3) (4) Furniture and fixtures manufacture; Leathe (5) r and leather products manufacture; Metal fabricated (6) products manufacture; Paper and allied products-ass bl (7) (8) em y; Printing, publishing and allied industries; Professional , scientific and controlling equipment manufacture; (9) (10) Rubber and allied products manufacturing; Textile products (11) manufacture; Textiles and of t apparel manufacture and fabrication extile products; (12) (13) Textiles and apparels - other facilities; Tobacco (14) processing; Transportation i equ pment and manufacturin Section 33.020. Retail Sales Prohibited. g• ~to the general public are Retail sales of goods F prohibited in an IC District. Section 33.030. Pollution Authorit A '..specified in Section 33.010 and royal. All uses 34.030 or Section 35.010 and 35.0303shalloobtain is n 34.020 and the Oregon State Department of Environmental PProval from Mid-Willamette Valley Air Pollution Authorit beforeyaand/or the the City. Such approval shall take into consideration lair quality, heat, glare, light, noise, sewage and vibration. Section 33.0'40. Conditional Uses. procedure provided for Conditional Uses in thisrOrdananaer the following uses will be permitted in a IC District: (a) Chemicals, fertilizers, insecticides, paint and allied products manufacturing; (b) Metal fabricated products manufacture; (c) Machinery manufacturing; (d) Metal working shops; (e) Petroleum, petroleum products, provided all storage is underground; ATTACHMENT II 8171 ITT RP 7-~ T.~ ~._~.__ WOODBURN ZONING ORDINANCE (f) Wood and lumber products processing, manufacture and storage. Section 33.050. Optional Business. The following uses will be permitted in a IC District as optional businesses: (a) The sale of automobiles and small trucks, new or used, when the following conditions are com plied with, to-wit: (1) That the lot is paved with a concrete or asphaltic hard surfact; (2) That if the open sales area looks upon or is adjacent to any "R" District such lot shall be screened from the adjoining "R" District by as sight obscuring fence, wall or hedge at least 4 feet but not more than 7 feet in height. Said fence shall be maintained in good condition; (3) That any repair shall be confined and conducted entirely within an enclosed building; (4) Any car repairing and storage of merchandise and supplies shall be conducted entirely within an enclosed building; (5) The property fronts on an arterial street as designated in the Woodburn Comprehensive Plan. Section 33.0'60. Heiq_ ht. In an IC District, no building or structure shall exceed 45 feet. =Section 33.070. Rear and Side Yards. There shall be a rear and aside yard on every lot in an IC District, which rear and side yard shall have a minimum depth of ten feet. shall be increased one foot for each additionalTfootlofm buiad ing height above ten feet, except a rear or side yard is not required adjacent to a railroad right-of-wa provided, however, any rear or side and siding or spur track; street shall have a minimum depth of 20 feetovided adjacent to a Section 33.080. Front Yards. There shall be a front yard on every lot in an IC District, which front yard shall have a minimum depth of 20 feet. 'Section 33.090. Open Storage Areas. (a) All yard areas, exclusive of those required to landscaped as provided in Section 33.100, may be used for parking, materials, and equipment storage yards, or areas as may be used for the purposes permitted in the IC District provided such yard area is enclosed with a fence or wall placed at an height of seven feet. Any fence, wall or hedge may be located on the property line except it may r;~t enclose landscaped yards, as setforth in Section 33.100. (b) The surface of such area shall be paved or gravelled and maintained at all times in a dust-free condition; except, that all automobile and truck parking and loading areas shall be paved, as provided in Chapter 10. ATTACNh1ENT II NAPTF.R ~~ T/~ T~Tf~I~Cmn~*~ r.~~~~,,.,,~~~~ ~ _ _ ^T^ WOODBURN ZONING ORDINANCE (c) Any lightin equipment story maintained in conjunction on ge areas shall be so with material and or reflect into abuttin oriented 9 pro erties as to not shine Section P or streets. 33.10, Landsca a street, and the ~ ed Yards, landsca ad ~acent Any Yard provided adjacent to Ped, but in unimproved right-of-wa than 30 feet nO case shall it be required to Y shall be the from the nearest edge of the landsca street right_of-way, existin Pe more g improvement in Section 33.090, shall be re Site Plan Review quired for all Re aired. Site Plan used, arranged or buildings, structures Review altered or enlar designed to be used °r Premises 11. ged in accordance ~ erected, structurally with the provisions of Chapter ATTACHMENT II PTER 33 - IC INDUSTRIAL COMMF.R~TAr. nTCmn.r•.,. CHAPTER 33 IC INDUSTRIAL COMMERCIAL DISTRICT 33.010 Use 33.020 Retail Sales Restricted 33.030 Pollution Authority Approval 33.040 Conditional Uses 33.050 Height 33.060 Rear and Side Yards 33.070 Front Yards 33.080 Open Storage Yards 33.090 Landscaped Yards 33.100 Site Plan Review Required AMENDED ATTACHMENT III CHAPTER 33 - IC INDUSTRIAL COMMERCIAL DISTRICT PAGE 33.1 .:.:-; Section 33.010. Use. Within an IC Industrial Commercial District no building, structure or premises shall be used, enlarged, or designed to be used, erected, structurally altered or enlarged except for one or more of the following uses: (a) Permitted Outright Uses. Industrial Uses: (1) Applicances, office and electrical product equipment manufacture; (2) Food, grain, feed and derivative products processing; (3) Furniture and fixtures manufacture; (4) Leather and leather products manufacture; (5) Metal fabricated products manufacture; (6) Paper and allied products-assembly; (7) Printing, publishing and allied industries; (8) Professional, scientific and controlling equipment manufacture; (9) Rubber and allied products manufacturing; (10) Textile products manufacture; (11) Textiles and apparel manufacture and fabrication of textile products; (12) Textiles and apparels - other facilities; (13) Tobacco processing; (14) Transportation equipment and manufacturing. Section 33.020. Retail Sales Restricted. Retail sales of goods from Industrial manufacturing in 33.010 and 33.040 are restricted to 20q of the gross floor or lot area for retail sales. Section 33.030. Pollution Authority Approval. All uses specified in Section 33.010 and 33.040 shall obtain approval from the Oregon State Department of Environmental Quality and/or the Mid-Willamette Valley Air Pollution Authority before approval by the City. Such approval shall take into consideration air quality, heat, glare, light, sewage and vibration. Section 33.040. Condiitonal Uses. When authorized under the procedure provided for Conditional Uses in this Ordinance, the following uses will be permitted in a IC District: (a) Chemicals, fertilizers, insecticides, paint and allied products (b) (c) (d) (e) (f) (g) (h) (i) (J) (k) manufacturing; Metal fabricated products manufacture; Machinery manufacturing; Metal working shops; Petroleum, petroleum products, provided ground; all storage is under- Laboratoray-seed and soil testing, research; Motor freight terminal offices; Aircraft maintenance facilities; Bus storage and maintenance facilities school); Freight forwarding facilities; Loading docks; (charter, local, highway, ATTACHMENT III CHAPTER 33 - IC INDUSTRIAL COMMERCIAL DISTRICT PAGE 33.2 (1) Wood and lumber products processings, manufacture and storage; (m) Farm tractors and equipment; (n) Laboratory equipment; (o) Boat manufacature; (p) Bottling company; (q) Tire manufacture. Section 33.050. Height• In an IC District, no building or structure shall exceed 45 feet. Section 33.060. Rear and Side Yards. There shall be a rear and side yard on every lot in an IC District, which rear and side yard have a minimum depth of ten feet. The minimum depth shall be increased one foot for each additional foot of building height above ten feet, except a rear or side yard is not requ~i~~ed adjacent to a railroad right-of-way, siding or spur track; provided, however, any rear or side yard provided adjacent to a street shall have a minimum depth of 20 feet. Section 33.070. Front Yards. There shall be a front yard on every lot in an IC District, which front yard shall have a minimum depth of 20 feet. Section 33.080. Open Storage Yards. (a) All yard areas, exclusive of those required to landscaped as provided in Section 33.090, may be used for parking, materials, and equipment storage yards, or areas as may be used for the purposes permitted in the IC District provided such yard areas is enclosed with a fence or wall placed at an height of seven feet. Any fence, wall or hedge may be located on the property line except it may not enclose landscaped yards, as setforth in Section 33.090. (b) The surface of such area shall be paved or gravelled and maintained at all times in a dust-free condition; except, that all automobile and truck parking and loading areas shall be paved, as provided in Chapter 10. (c) Any lighting maintained in conjunction with material and equipment storage areas shall be so oriented as to not shine on or reflect into abutting proerties or streets. Section 33.090. Landscaped Yards. Any yard provided adjacent to a street, and the adjacent unimproved right-of-way shall be landscaped, but in no case shall it be required to landscape more than 30 feet from the nearest edge of the existing improvement in the street right-of-way. Section 33.100. Site Plan Review Required. Site Plan Review shall be required for all buildings, structures, or premises used, arranged or designed to be used, erected, structurally altered or enlarged in accord- ance with the provisions of Chapter 11. ATTACHMENT III CHAPTER 33 - IC INDUSTRIAL COMMERCIAL DISTRICT PAGE 33.3 it/o fem.: /Vd c~~rH 9e' ~'7 /~9'~ 34 Seo~io~ 3¢, O/D llse_ , /P, /ncr~~lsT~~/ct~ por~ ~i s7'lriG7ls cr r e E. s ~a 6 /isyec/ •,~o ,~- ~`,e use v rl' cEr f4~;~ 7~ype s o><' /i9l~~ ir>dusfry, svc~ ors, ~u~ s~o/ t:s~i few zo .• /. 1~tfholescr/e a.-~~r~~Ai/ a:'s~ri~~o~s 4~~w~~-e~ovs/~9 ~r~ns_ 2• ~e9/ohQ / os-~c~ ~nvn~'c i/o~r ~~~a~-~,/ c.,r~c~ ~re s~a~o~s< ~• .~-sodeYr~rrJeNT Sef-~d/C'e 7`4 G i ~i•TlP_.S' - 4 . Cc ~ s ~f•u c ~ioh Cow pn h L/ y~ i--cads c~fic.~ se relic ~ pct c i`/i7~i~s irtc/uci'iH~ sc~6 cah~rac~o~-s. S. O~'~ces Or/Q~c,/~Or- Qn~~ cr~~YOr/e.o~~ses. G. C~~~ ~ lc~rs ~w~ll ~9 ~ ~ 4~ y ~r~prd vex/ v~ ~e;cT~oh .34.00 ~© /lam t~ios~ .Glut~~or-i7lci . ~~o~l' CxISZl~U~. .Sec7`ioh 3~•O,~O Cohc~i't iov1~r ~ uses . t,~~~~ av7'h®F-~~~~f ~Uh ~e ~~ f "Li Q pro /G e e ct~vr-~ pr•©vrv/~~/y! ~'o ~- /Cot-'c~' i T/co t~ ct l vS ~ S s~v,'1~~ ; ~ fh ~ s ~,P~ ~~t •-~ c E' , Tai G ,~'ca l! o t~c..:~ ~ cr ~ ~, v~ rr e.s o n 7~~ e ~~e n, : s~.s Qhc~ w i ~~ ire in~p,~-ova ~ e•~ 1~s ~ie~--eov~, Qf-e ~~i e 7~ylaes- o~' USe S ctpprodec/ As c'ot~~' r<ioh4 / ~/se s f' ~~t~i`"/ta 7`/©!~J ohc~ c?SS"GS~yty~ir~g o~ t~t~~dc~ I~YIP 1`ci /, p ~cr S ~/ G Or7 cl ~rzcr ~l-r-r e f- ,f~roc'7~riG ~S . 2• C/TC~~~c~c ~ `-'~-a/c-r~ucT~s m~rr~u~ c~"ctr-rs~cJ, f"~cfvc7~o~ ~YOCG~s'~e S ~~ '3 • ~f'/rJT/~'J9 e ~U4 ~ SG! ~r19/ ~~~C ~ f ~d0`ClC TS /r,~q - ~• ~ oc' , ~rQ /~ 4vI GT" '~`~c°_ e %,~'"~c>'t~c T S /914~i vP` ca. G 7`Urr~i ~. (/s~olc f ~r~vcJ.aa~ s~©~ ~. ~, ~ ~~ ~ro ~~ cis ~roc,~vc7~s o Attachment tU ( ^~~P~ 3 3~ ~ o/~ ~ii~ ~s e.c/ Sec~ioh 33.050 O,n~c'orfa~ ~~rs~hesS~s . ~ie ~o!loweh ~usei~i°_sses Ore a~vproved err crs~ lC f.~~s¢ric~ as ,9 6e es~A /~ o%-e c o~~cr 7~cz ~le? vc~ ~ 7~ll /%9`7 7~ i%-rQ/ds ~r~l uses Barr we /~ ".~? " ~ s~r~c rs ,f>eG4us e fie s~Z~ ~,,, ~ r~~rr~ure proo~~c f Usvq llc~e res ce%s irr ir`s- ! e.rrr~ S7~df'e-c/ qs~c` ~s~ /Q.~p_~ oUf o7l' c~oot-s; i. ~fi/o~~ ~e pi'a~cr~~s sat ~e s a~~ service ~ s~1c ~ a s Cro~oirlo~ e%S , frvc.,~ s~ Ljeae/y e~uiprheh7 ; ~ rsre rria. o y .ti ~rt~ 'Z, ~Cec/re/c~7`/0!~ u~~jeGl~.S', Z~r~~/v/Z'Zf'~llloeF.S. ~®q~s ~r~r~ 1''e (ate a~ .SG/~o~p /~ eS , -~-~ Se. rule. e,,c Q „~r/ Scr le ~ 3. lac ~or~/ .6uil~ Liovsirr9 sa fes. ~. Co•~ s ~r~v~t~io s-~ ma ~erict ~ sea le S , s~ rvi~ es a h ~ S'v~~lies, ie,, lv~~er, ~,asohry, Pi~~ ~z~c ~7~or//JC/ ct~-ro~ G11o~1Gre7`e ,~~oc~ttCrs ~~xc.~~d/h c~ / IJct I~C `! ~~~hTS C7`C .,, /~lahU~a cTUre ctn~ S'Q !~ $ . ~. Lah~SGa~e h!~T`~G~ea / ~'cp~c ~ qr~~ S'erdrGes. ~_• _: Attachment IV GPTE',~ 33' ~ G /~pc~sTlz«~ Cogs-r~~2cfQ~ ~isre~cl „~e~~/ steles ~r~~,'6: ~~.~~, 9 ~~7~a// S~Q !eS ~~S~r/Glec~_t, s~o~//ooh 33. a ~ a L/s e. l c ~~ ~ Tr/GfS ~,~-e e sl~ Svc e 2~t~a9Gr../ i~ Serv/ces ~rrc~/ ~~ ~ r>oh~af/y co~pat~i.6/e Z~r~~'r~i~. os~v~ ~ obi s ~riGl~s, .' ~~s~i7~c~ Z`o /r~ c~usTV~c~ l Cow sr~ erc ~4 ~ v/i's Sri ~ u f %o ~1 0 ~` ~t-o~uc ~` vc~ i ~~ vv i 7'~~ ~P~c.S ?~1-~4r~ SC~GLj a S 6t17~ /~oT ~c~T'/os~ .~Q O/C3. ~~ ~ Sew!//GAS 1. L~ gor4 ~o~°lcs , es~ i.~~e~-i~-r9 q-.~~~or coy-,~~QC~~r fous~heSS~s re~a ~~~ Za ~a7~er, So/ls a~,o/ n-!i`JeP-a ls~ 2• ~tili Tc~ Go `s-~ joA h y ~~~~ S~Yv%~e ~ c i l T/mss Sec ion 33, 0 2a ,C~~~a i/ .~ des . ,~e~~:l sales ~~e r~s~ri~r~e~ Q~e r~ s~`-i~~`e, ~/ zo ~r~~vo~s ~ orrr~a 1/y /~ Goh ~lic ~ w i ~`j j~ ~~e~'trias? d~YEt7 ~P.,.~ .6vsir~e sse s' 4h~ w~iG~ ~vs'~i-resscs .6y s~4 ~rfre c/v r~o~ t-e~vi~e s-more a~~crr~ /d ~® orb' f~e yt-oss side ~rrea ,C®.- cc~rs7~c~ncf- ~cr r.~C ih 9 . S~rzc~ioh 33.O~c~ ~0~~~1`/oh ~v~-for/T~ ,~/~f~~od~t/ 1 ~co~y ~r~ot-r~ exiS in~'~ Sec~io~ 33. ova Conn i fior~c~ .f ~/s~s . ~lh~ ~ a~~~ori~eoi ~/7c~c..~' ~ro c e~dUve pi-o~/i'c~ii-~~ ~o~' ~orrca~i'7/ior~a f l/S~ S ~~ 7/l~is ~i--~i~ar~c~. , fLie ~l~owih9 Z~c~~es' cJ~~/s'es are pe~r~,. ~~ec`.• ~~L~ ~~~Q~~ sale o~~rO~vG~"s rrla~ u~cTClrec~ ?~->~ s~~7~e ,6~ ~ ~Usi~ess cf~o,~rr~ve~ c~r~c~~~- s~c-:cf~o ~ ~3.c3~ar~ fib) Tam s~o~"Ta ~io~ r~~~ ~ec/ see-vice s Ottarhmant CHAPTER 33 IS INDUSTRIAL SALES DISTRICT 33.010 Use 33.020 Retail Sales Restricted 33.030 Pollution Authorit Approval 33.040 Conditional Uses 33.045 Retail Sales Lots 33.050 Height 33.060 Rear and Side Yards 33.070 Front Yards 33.080 Open Stora e Yards 33.090 Landscaped Yards 33.100 Site Plan Review Required CHAPTER 33 - IS INDUSTRIAL SALES DISTRICT PAGE 33.1 Section 33.010. Use. Within an IS ing, structure or premises shall be used, erected, structurally altered of the following uses: (a) Permitted Outright Uses. Industrial Sales District no build- used, enlarged, or designed to be or enlarged except for one or more Industrial Uses: (1) Applicances, office and electrical product equipment manufacture; (2) Food, grain, feed and derivative products processing; (3) Furniture and fixtures manufacture; (4) Leather and leather products manufacture; (5) Metal fabricated products manufacture; (6) Paper and allied products-assembly; (7) Printing, publishing and allied industries; (8) Professional, scientific and controlling equipment manufacture; (9) Rubber and allied products manufacturing; (10) Textile products manufacture; (11) Textiles and apparel manufacture and fabrication of textile products; (12) Textile and apparels - other facilities; (13) Tobacco processing; (14) Transportation equipment and manufacturing. Section 33.020. Retail Sales Restricted. Retail sales of goods from Industrial manufacturing in 33.010 and 33.040 are restricted to 20~ of the gross floor or lot area for retail sales. Section 33.030. Pollution Authority Approval. All uses specified in Section 33.010 and 33.040 shall obtain approval from the Oregon State Department of Environmental Quality and/or the Mid-Willamette Valley Air Pollution Authority before approval by the City. Such approval shall take into consideration air quality, heat, glare, light, sewage and vibration. Section 33.040. Conditional Uses. When authorized under the procedure provided for Conditional Uses in this Ordinance, the following uses will be permitted in a IS District. (a) Chemicals, fertilizers, insecticides, paint and allied products manufacturing; (b) Metal fabricated products manufacture; (c) Machinery manufacturing; (d) Metal working shops; (e) Petroleum, petroleum products, provided all storage is under- ground; (f) Laboratory-seed and soil testing, research; CHAPTER 33 - IS INDUSTRIAL SALES DISTRICT PAGE 33.2 (g) Motor freight terminal offices; (h) Aircraft maintenance facilities; (i) Bus storage and maintenance facilities school); (j) Freight forwarding facilities; (k) Loading docks; (1) Wood and lumber products processings, (m) Laboratory equipment; (n) Boat manufacture; (o) Bottling company; (p) Tire manufacture. (charter, local, highway, manufacture and storage; Section 33.045. Retail Sales Lots. Retail sales of the following goods are permitted outright and exempted from Section 33.020 such uses are required to surface the lot with asphalt and or concrete. (a) Travel trailer, mobile homes; (b) Trucks, automobiles; (c) Farm tractors and equipment; (d) Farm garden and landscape materials. Section 33.050. Height• In an IS District, no building or structure shall exceed 45 feet. Section 33.060. Rear and Side Yards. There shall be a rear and side yard on every lot in an IS District, which rear and side yard have a minimum depth of ten feet. The minimum depth shall be increased one foot for each additional foot of building height above ten feet, except a rear or side yard is not required adjacent to a railroad right-of-way, siding or spur track; provided, however, any rear or side yard provided adjacent to a street shall have a minimum depth of 20 feet. Section 33.070. Front Yards. There shall be a front yard on every lot in an IS District, which front yard shall have a minimum depth of 20 feet. Section 33.080. Open Storage Yards. (a) All yard areas, exclusive of those required to landscaped as provided in Section 33.090, may be used for parking, mate- rials, and equipment storage yards, or areas as may be used for the purposes permitted in the IS District provided such yard areas is enclosed with a fence or wall placed at an height of seven feet. Any fence, wall or hedge may be located on the property line except it may not enclose landscaped yards, as setforth in Section 33.090. (b) The surface of such area shall be paved or gravelled and main- tained at all times in a dust-free condition; except, that all automobile and truck parking and loading areas shall be paved, as provided in Chapter 10. (c) Any lighting maintained in conjunction with material and equip- ment storage areas shall be so oriented as to not shine on or reflect into abutting properties or streets. CHAPTER 33 - IS INDUSTRIAL SALES DISTRICT PAGE 33.3 Section 33.090. Landscaped Yards. Any yard provided adjacent to a street, and the adjacent unimproved right-of-way shall be landscaped, but in no case shall it be required to landscape more than 30 feet from the nearest edge of the existing improvement in the street right- of-way. Section 33.100. Site Plan Review Required. Site Plan Review shall be required for all buildings, structures, or premises used, arranged or designed to be used, erected, structurally altered or enlarged in accordance with the provisions of Chapter 11. CHAPTER 33 - IS INDUSTRIAL SALES DISTRICT PAGE 33.4 MEMO T0: City Council thru City Administrator/Mayor FROM: Planning Division S1~ JECT: Proposed Comprehensive Plan and Zoning Amendments for the 99E/214/211 Intersection (Four Corners) to be heard July 22, 1985. DATE: July 10, 1985 In late June the Planning staff submitted to the City Council a portion of the staff report relating to the "Four Corners" Planning issue. The initial report identified the issues at hand and described the over- all objectives of the Planning Commission. This second staff report is anr:accumulation of the amendment proposals developed by the Planning Commission. For the sake of brevity this memo only provides a brief synopsis of the Commissions recommendations and are outlined as follows: 1) Lot 1 of Map I be amended from Multi-Family land uses to Commercial (See Maps I & 5, Pgs. 6-7 of the Staff Report). 2) Lot 2 of Map I is to remain its present designation of Commercial (See Map I, Pgs. 7-8). ~3) Lot 3 of Map I to remain Industrial Commercial with revised land uses (See Map I, Pgs. 8-12, & Attachments I & V). 4) Lot 4 and Lot 5 of Map I be amended to Commercial (See Maps I & 5, Pgs. 12-15 & Attachment II). 5) Amend specific language in the Comprehensive Plan (Pg. 18). The Planning Commission in concluding its findings (Pgs. 27-30) recommends the City Council approve the before mentioned amendments. COMPREHENSIVE PLAN PROPOSED AMENDMENTS TABLE OF CONTENTS CHAPTER I BACKGROUND INFORMATION PAGE S Introduction I Existing Plan Goals & Policies II Comprehensive Plan Goals & Policies III History IV Recommended Alternative Map Amendments V Applicable State Land Use Goals & Policies VI Amended Comprehensive Plan Goals & Policies CHAPTER II RESOURCE INFORMATION I Traffic Circulation & Access Controls II Water, Sewer & Storm Drainage III Land Use Inventories CHAPTER III I Findings & Conclusions CHAPTER IV Attachment I IC Industrial Commercial District Attachment II Conclusions of Law (Proposed Theater Site) Attachment III Notice of Public Hearing Attachment IV Letters of Public Response Attachment V Amended IC Industrial Commercial District Map I Comprehensive Plan Map Land Use Designations Map II Zoning Districts Map III Water, Sewer, Storm Drain Map IV Comprehensive Plan Map Amendments Map V Zoning District Amendments ~; BACKGROUND INFORMATION CHAPTER I DISCUSSION PAPER COMPREHENSIVE PLAN AMENDMENTS INTRODUCTION: The City of Woodburn's Comprehensive Plan was developed during the period from December 1976 through March 1981. In June 1981 the Land Conservation and Development Commission acknowledged the City's Plan as being in compliance with the State 4/ide Planning Goals. This plan is intended to guide the development of Woodburn for the next 20 years. However the Planning process is continuous-for no plan can foresee all the technological, economic and social changes that could occur in this time frame that can have affect on reshaping a community. Therefore from time to time changes in the plan are necessary but these changes have to be justified by a solid body of evidence to substanti- ate the change(s) and maintain compliance with the State and Local Land Use Laws. Since working with the existing Comprehensive Land Use Plan adopted in 1981 the Planning staff, Commission and City Council have been constantl approached to amend the Land Use Designation, in particular, in one areay of our City. That being the intersection properties adjoining State Highway 214/211 and 99E. An area outlined on Ma I. posed changes range from changing Industrial andpMultiEFamplysResidential designated zoned lands to Commercial and broadening Industrial Commerciall zoned lands to include more Commercial activities while chanoing Commercial properties to Industrial. This wide range of proposals has caused conflict with a Comprehensive Plan Policies and Zoning Districts that run counter to those suggestions. • Because of the controversy that continually arises staff feels obligated to provide the Commission and Council a land use analysis of this area with suggestions on how these conflicts may be resolved. It should be kept in mind however, that whatever action is taken, if any, by the Council and Commission, sound land use findings must be developed to substantiate any amendments. I. EXISTING LAND USE DESIGNATIONS: A) COMPREHENSIVE PLAN LAND USE MAP The Comprehensive Plan Map provides for broad generalized land use descriptions. On Map I three land use designa- tions are identified. Those being Industrial, Commercial and Multi-Family Residential. Within the confines of these map designations there exists a level of uniformity in land uses that relate to that particular designation. For example, shopping centers are allowed in only Commercial designated areas. B) ZONING MAP DESIGNATIONS AND USES The Zoning Map is subordinate to the Comprehensive Plan Map. For instance, where the Comprehensive Plan Land Use Map identi- fies property for Industrial use the Zoning Map provides a more detailed description of land uses. A Comprehensive Map desig- nation of Industrial means the zoning map must identify it as either an Industrial Park District (IP), Industrial Light Dis- trict (IL), Industrial-High Technology District (IH) or Industria] Commercial District (IC). Therefore the two land use maps main- tain similarity. To change the Zoning Map to reflect another land use such as Cor~nercial would result in a land use designation con- flict between the two maps. As a point of law this is not per- missible. In other words any zone map amendment will have to reflect the Comprehensive Plan Maps designation. To further complicate this any Comprehensive Plan Map and/or Zone Map changes must comply with. the written documentation in the City's Comprehensive Plan. This compatibility of the documents ating land use changes and will have when reviewing land use designations paper. II. COMPREHENSIVE PLAN GOALS/POLICIES: becomes germain when evalu- to be an important factor brought up in this discussion The Planning Staff in proposing a review of the land use desig- nations in the discussion area (~Qap I) has compiled a list of goals, policies and objectives from the Comprehensive Plan that will have to be reviewed and/or possibly amended if any land use designation changes are made. It is imperative, as stated pre- viously, that all the written goals, policies and objectives coincide with the land use planning maps. The following statements from the Comprehensive Plan Volume I, in Planning staff's opinion, are those that would have the most impact on any map amendments in the area of discussion. Depend- ing on the wishes of the Commission or Council these goals and policies may or may not have to be amended to remain compatible with the potential land use map revisions. A) COMMERCIAL GOALS, POLICIES AND STATEMENTS The City should at all times have sufficient land to accommodate the retail needs of the City and the sur- rounding market area. The City presently has three major commercial areas: 99E, I-5 Interchange, and the downtown area. No new areas should be established. (Volume I, Pg.24, Item B-1). Lands for high traffic generating uses (shopping centers, malls, restaurants, etc.) should be located on well im- proved arterials. The uses should provide the necessary traffic control devices needed to ameliorate their impact on the arterial streets. (Volume I, Pg.25, Item B-2). Strip zoning should be discouraged as a most unproductive form of commercial land development. Whenever possible, the City should encourage or require commercial develop- ments which are designed to allow pedestrians to shop with- out relying on the private automobile to go from shop to shop. Commercial developments or commercial development patterns which require the use of the private automobile shall be discouraged. (Volume I, Pg.25, Item B-3). Co~nercial office and other low traffic generating commercial retail uses can be located on collectors or in close proximity to residential areas if care in architecture and site planning is excercised. The City should insure by proper regulations that any commercial uses located close to residential areas have the proper architectural and landscaping buffer zones. (Volume I, Pg.25, Item 6-6). The second large commercial area which has developed in the City is the commercial strip along Highway 99E and the develop- ment along the intersections of State Highway 99E, State High- way 214 and State Highway 211. The strip zoning along 99E has caused many problems in the City of Woodburn as far as traffic flow and traffic safety on the State Highway. This is because this type of development is the least efficient use of com- mercial land and highway frontage. While there is little which can be done with the areas which have already been developed, some of this will be redeveloping in the future, especially North of Lincoln Street. Access control plans should be developed and the streets should be improved North of Hard- castle Avenue before further development is allowed. The area on State Highway 211 which has been set aside for com- mercial development, some 35 acres, will provide future expan- sion for retail uses for the City. But before it can expand, State Highway 211 needs additional right-of-way and widening of the highway to accommodate the greatly increased traffic that this commercial development will generate. (Volume I, Pq.37, para. 1). Highway 99E, on the other hand, is approximately 150 acres of land spread out on the highway almost from city limits to city limits as a co-~r-ercial strip. While the commercial area is more than 1.6 miles long it is no more than 400 feet deep at its deepest and in some cases less than l00 feet deep. Although much of this commercial land use began in the County prior to zoning, the City until recent years has not taken any measures to stop the spread of strip commercial development. Because of this, Highway 99E with its many driveways and intense traffic flows is one of the worst traffic problems in the City. (Volume I, Pg.12, Para. 2) B) INDUSTRIAL GOALS, POLICIES AND STATEMENTS Industrial land should be located so as to insure that road transportation and secondarily, rail transportation is available to the industrial-areas. (Volume I, Pg. 25, Item C-2). Industrial lands should be protected from encroachment by commercial or other uses which will either increase the price of industrial land or cause traffic generation which will interfere with the normal industrial practices. (Volume I, Pg.26, Item C-8). Automobile Transportation - Transportation on arterials shall be safe, orderly and efficient. Arterial streets are to be of sufficient width to accommodate traffic flows without interruption. Intersections on arterials should have the proper safety control devices to insure an effi- cient and safe flow of traffic. (Volume I, Pg. 29, Item I-2). The Industrial Park area was really the beginning of Wood- burn's industrial expansion in the 1970's. It has been very successful and now covers a large amount of land bet- ween the Southern Pacific Railroad and Highway 99E North of State Highway 214. However, as of the writing of this Plan almost all of the developable land has either been sold to industries which intend to locate in Woodburn or is under development. There are approximately 17 acres left which have not been sold to industrial developers. It is expected that in the next two to three years the remainder of the industrial land in the Woodburn Industrial Park area will be used for industrial development. This area should be maintained throughout the planning period as the attractive industrial area it is now. (Volume I, Pg. 35, Last Para.). (2) The thirty acres consisting of three lots on the North side of State Highway 211 are designated Commercial on the Comprehensive-Plan Map. This acreage is outside the city limits but within the City's Urban Growth Boundary. Those properties outside the city limits but within that boundary are subject to zone changes to Commercial land uses at the time of annexation. In Planning staffs opinion a Commercial designation is inapropriate for this acreage and other land use alternatives would better serve the future growth of the community. (Lots 2, Map I). (3) The lots North of the Safeway/Payless complex on the West side of State Highway 99E to both sides of Indus- trial Avenue are zoned as IC (industrial Commercial), a zone that is supposed to be in keeping with the Industrial Park Comprehensive Plan land use designation. However it does allow some commercial retail uses such as car lots and car laundaries. There has been many proposals by property owners in the area to "liberalize" the types of uses allowed in the IC zone. (Lots 3, Map I). (4) The ten acre site located on the corner of State Highway 214/Progress Way has been the most controversial land use conflict in the discussion area. Presently the site is zoned IP (Industrial Park) with the property owners requesting that it be designated CG (Co-~nercial General). This request for a zone amendment has been denied on two different occasions by the City Council based on land use findings of law. (Lot 4, Map I). IV. RECOMMENDED ALTERNATIVE MAP AMENDMENTS A) LOT 1 OF MAP I Besides having approximately 1,000 feet of frontage on State Highway 214 this multi-family designated 13 acre lot lies adjacent to the highest concentration of "new" commercial development in the City. Additionally Mount Jefferson Avenue has been improved to its West property line which insures a minimum of two access points to the two highest traffic gener- ating highways irr the City,99E and 214. Amend the Comprehensive Plan Map of Lot 1 of Map I from Multi- Family Residential to Commercial/Multi-Family utilizing the extension of Mount Jefferson Avenue from State Highway 99E to 214 as a division line between the Commercial/Multi-Family uses. 1) ADVANTAGES: (a) The property has access to the two most traffic generating highways that can best accommodate anticipated vehicular traffic. (b) There is potentially good visibility for store frontage advertising. (c) The property is adjacent to an already existing hub of corrnnercial development. (d) The property adds depth to the commercial. hub which allows greater concentration of commmercial businesses. (e) The parcel size would be conducive fora shopping center/ mall complex. (f) Mt. Jefferson Avenue would be instrumental as a division line between the commercial business on the North side of that road and Multi-Family on the South side. The Multi-Family on the South side serving as a buffer to the Single Family Residential District to the South. DISADVANTAGES: (a) Possible negativae impacts in the way of noise and traffic for residence to the South of this property. {b) Signalization may be required on State Highway 214 to accommo- date traffic flows from Mt. Jefferson Avenue. PUBLIC HEARING DISCUSSION: LOTS I of MAP I (a) Amend the Comprehensive Plan Map to Commercial. (b) Amend the Zoning Map to CG (Commercial General) North of Mt. Jefferson Avenue and CO (Commercial Office) South of Mt. Jeff- erson Avenue. (c) REASONS: (1) Same as those listed in Advantages (a)-(f ). (2) Commercial Office provides the same buffer protection as Multi-Family for the Sinnle Family Residential properties to the South. (3) The CO zone which allows such uses as doctors and dentists offices is regarded as a "soft" buffer between the Resi- dential zone to the South and the Intensive Commercial use that would be allowed on the North side of Mt. Jefferson Avenue. B) LOTS 2 OF MAP I The property is disjointed from the nucleous of the main body of commercial development and activities to the West. That is, it is separated from the Commercial uses to the West by Industrial uses, the MacLaren School to the North and designated Farm Land to the East. When observing the Comprehensive Plan Map for Woodburn in its entirety one can observe that generally future industrial lands are designated on the fringes of the existing city limits. In Planning Staff's opinion a more logical transition of land uses would prevail if this property were to be amended from a Commercial designation to an Industrial use. 1) ADVANTAGES: (a) The 30 acre parcel would become an extension of an existing Industrial land use to the West. (b) It would increase the total industrial base inventory by 30 acres. (c) The map amendment would provide fora large block of Indus- trial land when coupled with the existing Industrial pro- perties to the West which consists of approximately 10 acres. (d) The Industrial designation would perpetrate the development of Industrial uses to the "fringe" of the city limits. (e) The land use change amendment would remove a disjointed Com- mercial use from the fringe of the City. (f) Although not a land use finding the affected property owners would still realize comparable monetary worth of their pro- perty. (g) The Industrial designation would lessen the growth tendency towards extension of strip development along the State High- way corridor. DISADVANTAGES: (a) The proposal would remove 30 acres from the City's Commercial land inventory of vacant land from 172 acres to 142. PllBLiC HEARING DISCUSSION: LOTS 2 OF MAP I (a) Maintain the existing Comprehensive Plan Map designation of Commercial. (b) REASONS: (1) Same as (a) listed in Disadvantages. (2) Provides a large block of land that with highway improve- ments and strict access controls can accommodate a large "mall type" development. (3) Strict access limits be imposed which would limit these parcels of land to two driveway access points. (4) Highway improvements be made to accommodate the additional traffic flow on State Highway 211 (most likely 2 lanes with a third refuge lane). C) COTS 3 OF MAP I That area North of the Payless/Safeway complex to both sides of Industrial Avenue on the West side of State Highway 99E is designated Industrial use on the Comprehensive Plan Map and IC (Industrial Commercial) on the Zoning Map. The primary criteria for location of a business in this zone was one in which retail uses are prohibited. (See Attachment I). The focus of discussion of the IC (Industrial Commercial District) is whether the intent of this zone designation is to compliment Industrial or Commercial uses. Initially when this zone was incorporated into the Zoning Ordinance the primary intent was to provide an opportunity for Industrial manufacturers an opportunity to wholesale products at their sites. However this zone has within it two commercial activities i.e. Shop and Kart and Lennon Implement. It is staff's understanding these uses are non-conforming. Therefore, the issue of the allowing Commercial land use in an Industrial zone brings into question the entire existence of the IC zone code in its present form. Under our Zoning Ordinance it is not permitted to allow Commercial uses in an Industrial zone.: (See Attachment I). Staff's concerns in regards to Commercial intrusion into the IC zone are also borne out by John Fregonese the previous Planning Director who add- ressed this issue in an earlier staff report and is captured in the follow- ing quotes. "In staff's opinion, development of this area as Commercial would be much more detrimental to the City in terms of its transporta- tion system than if it were to develop as Industrial. The Insti- tute of Transportation Engineer's informational report "Trip Generation" states that fora standard Industrial Park trip gene- ration rates would be 9.4 vehicles/hour/acre between 1:00 and 9:00 a.m. and 10.2 between 4:00 and 6:00 p.m. The same figures fora new car sales would be 52.5 between 7:00 and 9:00 a.m. and 79.5 between 4:00 and 6:00 p.m. The average traffic generation, then, fora car sales as compared to an Industrial Park would be eight times as large. In staff's opinion this would be an unneces- sary burden to place on the already dangerous and overloaded State Highway 99E ..., However, the proposed amendment to the plan, adding car lots to the IP zone as a conditional use, does not appear logical. This is the only way we could see to allow a zone change promised by the Council to continue for the specific use requested, while protecting the area from other Commercial uses. However it does not seem to fit into the purpose and intent of the zone code for the Industrial Park .... However, while we realize that for political reasons the change may be required, we cannot recommend it as the best course for the City. We would recommend a complete reversal of the zone change which was granted, with no provision for car lots . (Zone Change #79-5 IC to IP)." " ' PUBLIC HEARING DISCUSSION: LOT 3 OF MAP I (A) Review the option of amending the zone designation to reflect some Retail uses. (1) Commercial uses are not allowed in the Industrial zone. (2) The IC (Industrial Commercial) zone specifically prohibits Commercial uses. (33.020). (3) The Comprehensive PTan and Zoning Map must be amended to a Commercial designation rather than its present Industrial Park designation. (4) A Commercial designation of the IC zone would lengthen the Commercial uses adjacent to 99E for approximately 2,000 feet the Shop-N-Kart store Northward towards the city limits. (5) A Comprehensive Plan and Zone amendment to Commercial would remove all the remaining IC designated properties from the land use map. (6) An amendment to Commercial would satisfy Mr. Johnson's pro- posal. (Attachment IV). (1) The allowance for Commercial Retail uses would necessitate driveway access onto 99E. This reduces the objective of utilizing National Way as the primary access point for these properties. (8) Frontage to 99E would insure "unsightly" materials would not be stored on the 99E frontage. However Cahpter 34, Section 34.070 and Chapter 33, Section 33.090 require landscaping and fencing. (9) A change to Commercial use would add approximately G ~ acres to the City's Commercial land inventory. (l0) The proposal submitted by the applicant (Attachment IV) would reflect the broadest number of land uses allowed for any one designation in the city. A distinction usually under land use planning practices left to the CG (Commercial General) zone. (B) Maintain the existing iC zone uses recognizing those properties i.e. Shop-N-Kart as non-conforming. (1) Maintains the existing Comprehensive Plan Map designation of IP (Industrial Park). (2) Maintains the existing zoning designation IC (Industrial Commercial) and its land uses. (3) Restricts the intrusion of Commercial Retail uses into the IC (Industrial Commercial) zone. (4) Preserves this area for small lot Industrial developments that want highway visibility. (5) Maintains the only IC designated lands left in the City< (6) Limits the number of potential driveway access points onto 99E. Restricting access to this highway no more penalizing than for the Industrial Park users. (7) Site Plan Review Chapter 11 of the Woodburn Zoning Ordinance can insure against unsightly development or storage of materials. ~n (C) Modify the IC zone to reflect only~~those uses identified in Chapter 33 and delete the "service uses allowed under Chapter 28, Items C-K. (1) The broad number of uses allowed under the IC zone would appear to nullify its intent of being preserved for indus- trial uses. (See Attachment I, Chapters 33 and 28). (2) Staff interprets this zone to be a hybred born out of poli- tical compromise. One in which there is great difficulty in justifying its existance or defining its nature from a land use point of view. (3) Staff foresees that many of the uses presently allowed will demand and should be allowed direct access to 99E. (Attach- ment I, Chapters 33 and 28). (4) To remove uses as allowed in Chapter 28 and incorporate some "limited" Retail uses (depending on the type) may result in a definition of what constitutes an IC zone and whether it should be identified as a Commercial or Industrial Land Use Map designation. (D) A fourth alternative would be to modify the IC zone to reflect some- thing similar to Mr. Johnson's proposal (Attachment IV) and amend the Zoning and Comprehensive Plan Map from IC (Industrial Cormmercial) to CG (Commercial General) for the existing, but now non-conforming, Shop-N-Kart. (1) The zone change to CG for Shop-N-Kart would remove the non- conforming status. (2) Amending the uses allowed in the IC zone to something similar as suggested in alternative "C" above while reviewing Mr. Johnson's proposal may result in a zone designation that does not conflict with the °°intent" of the IC zone. (Attachment V). PUBLIC NEARING DISCUSSION: LOTS 3 OF MAP I (a) Maintain the existing Comprehensive Plan Map designation of IP (Industrial Park). (b) Maintain the existing zoning designation IC (Industrial Com- mercial) and further restrict retail use. (c) Encourage access from National Way and to discourage access to 99E with some additional uses if they are "Industrial Like" in the IC zone. (d) REASONS: (1) The allowance for Commercial Retail uses would necessitate driveway access onto 99E thereby reducing the objective of utilizing National Way as the primary access point for these properties. (2) Restrict the intrusion of Commercial Retail uses into the IC (Industrial Commercial) zone. (3) Preserve this area for small lot Industrial developments that wants highway visibility. STAFF COMMENTS: (A) It is suggested the zone designation IC (Industrial Commercial) be amended to IR (Industrial Retail) zone or IS (Industrial Sales) zone. The implication by either of the that only the sale of Industrial site would be allowed. two zones would hopefully imply products manufacatured on the This would then lessen the confussion that prevails with the IC designation which implies either Commercial or Industrial uses are allowed. (B) The IC zone identifies a land use designation that provides a tran- sition between manufacturing and retail sales. The manufacturer now has the opportunity to utilize a portion of the building site for retail sales outlet for his manufactured product. (C) Many of the uses now identified in the IC designation are no longer allowed. For example, bonding companies, notary public, detective agencies, motels and hotels. (D) Optional business's are also eliminated i.e. auto sale lots and car wash facilities have also been removed. CONDITIONS OF ZONE DESIGNATIONS: (A) Only two access points be allowed onto 99E for the IC properties fronting 99E and National Way. The reason being to restrict traffic egress and ingress thereby limit- ing disruptions of vehicular traffic onto 99E. (B) By limiting retail sales to manufactureres total gross floor area (less than 50%) the retail sales remains the dominant use. D) LOTS 4 OF MAP I to a percentage of the manufacturing and not This eleven acre site adjacent to State Highway 214 and Progress Way has been the focal point of controversy in this area. Presently it is design- ated as Industrial on the Comprehensive Plan Map. The proposal to amend the Comprehensive Plan and Zone to Commercial General by the property owners has failed on two occasions. The rational for denial for the plan and zone change are substantiated in Attachment II. In assessing the findings of facat that resulted in denial the Commission and Council may agree with Planning Staff that the main reason denial was given was because the proponents proposal conflicts with the Goals and Policies of the Comprehensive Plan. Therefore any review fora land use change for this property would most definately require an amendment to the Goals and Policies of the Compre- hensive Plan. The two access points should be shared by adjoining property owners with internal circulation on private property fronting 99E. ,~ 1) ADVANTAGES: (a) The property, if amended to Commercial use, is adjacent to an existing Commercial complex. (b) The 11 acre site provides a large parcel of land that could accortunodate ma]1 development that could be complimentary to Commercial development to the East. (c) There is adequate Industrial lands available (336 acres) to provide for Industrial growth. DISADVANTAGES: (a) There are presently Comprehensive Plan Goals and Policies that conflict with a land use amendment change to Commercial. (b) The amendment from Industrial to Cortunercial would remove the only eleven acre Industrial site with the infrastructure in place i.e. water, sewer, storm drain and streets. PUBLIC HEARING DISCUSSION: LOTS 4 OF MAP I (a) Review the option of amending the Land Use Map and Zone design- ation to Commercial use. (1) The property, if amended to Commercial use, is adjacent to an existing Commercial complex. (2) The 11 acre site provvdes a large parcel of land that could accommodate mall development that could be complimentary to the Commercial development to the East. (3) There is approximately 336 acres of land available for Indus- trial development. (4) There are presently Comprehensive Plan Goals and Policies that conflict with a land use amendment change to Commercial. (5) The amendment from Industrial to Commercial would remove the only eleven acre Industrial site with the infrastructure in place i.e. water, sewer, storm drain and streets. (6) Specific conditions are necessary so that conflicts with the Comprehensive Goals and Policies do not occur. Those being (a) Limited highway access, (b) Vehicular interconnection points with adjacent Commercial uses, and (c) Signalization. (7) Justifications can be made to amend specific policies in the Comprehensive Plan thereby making allowance fora Commercial use in this area. (8) If the alternative policies were adopted (VII amended Compre- hensive Plan Goals and Policies attached) the following would occur. (a) The 11 acre site would become part of the Commercial core. (b) This would not constitute strip development. (c) The Plan Map Amendment and Comprehensive Plan Goals and Policies would be in harmony. (9) See Findings of Fact for Approval. (Attachment II). (B) Maintain the existing land use and zoning designations. (1) See Findings of Fact for Denial. (Attachment II). (2) See Comprehensive Plan Goals and Policies Chapter I, Section 11 of Discussion Paper. (C) Amend the Comprehensive Plan Map to Commercial and the Zon- ing Map to CG (Commercial General). (D) REASONS: (1) Same as stated in Advantages (a)-(b). (2) Justifications can be made to amend specific policies in the Comprehensive Plan thereby making allowance fora Com- mercial use in this area. (3) Specific conditions are necessary so that conflicts with the Comprehensive Goals and Policies do not occur. Those being (a) Limited highway access, (b) Vehicular intercon- nection points with adjacent Commercial uses, and (c) signalization. (4) Lot IV is to be used as Commercial only if it can be inter- connected with the Safeway/Payless complex. The driveway access (only one onto Highway 214 for the 11 acre parcel) to lineup with Mt. Jefferson Avenue and one access on Progress Way. This is sto promote internal rather than external traffic circulation when shopping in the 11 acre Payless/Safeway complex. E) LOT 5 OF MAP I The five parcels that make up Lot 5 are presently zoned IC (Industrial Commercial) and IL (Light Industrial) and contain a real estate office, metal fabrication company and retail store. Because of the proximity of this property to a corner that contains Commercial uses on the other three corners and the fact that two of the uses on Lot 5 are already Commercial it is reasonable to conclude that all coraners of the inter- section would compliment each other if they all reflected Commercial uses. 1) ADVANTAGESa (a) As identified in Attachment I Retail uses are not allowed in an IC (Industrial Commercial) zone. By amending the land use design- ation to Commercial General the two existing retail businesses would convert from non-conforming to permitted outright uses. (b) The high level of site visibility at the intersection by vehi- cular traffic makes these parcels attractive for Commercial uses. (c) The clustering of Commercial uses at the intersection compliments business in close proximity. 14 (d) The intersection when improved will be able to accommodate more vehicular traffic than any other intersection designed for in our community. DISADVANTAGES: (a) The existing Industrial use would become non-conforming. That is expansion of the existing use would be restricted. PUBLIC HEARING DISCUSSION: LOTS 5 OF MAP I (a) Amend the Comprehensive Plan Map to Commercial. (b) Amend the Zoning Map to CG (Commercial General), (c) REASONS: (1) Same as stated in Advantages (a)-(d). 15 ~ APPLICABLE STATE LAND USE GOALS AND POLICIES When a City contemplates the revision of its adopted Comprehen- sive Plan consideration has to be given established State Land Use Goals and Policies. The reason being that local land use decisions must maintain compliance with those State Land Use Laws when revised. Therefore, a local jurisdiction must review those State laws that are applicable and insure local decisions are not in variance with those laws. The Goals which staff has found to be pertinent and should be considered in this review are as follows: STATE GOALS AND GUIDELINES GOAL #2 -LAND USE PLANNING "All land use plans and implementation ordinances shall be adopted by the govern- ing body after public hearing and shall be reviewed and, as needed, revised on a per- iodic cycle to take into account changing public policies and circumstances, in accord with a schedule set forth in the plan. Oppor- tunities shall be provided for review and com- ment by citizens and affected governmental units during preparation, review and revision of plans and implementation ordinances." STAFF COMMENT: The City through its public notification process as outlined in Chapters 7 and 16 of the Woodburn Zoning Ordinance insures that any property owners directly or in- directly affected by any proposed amend- ment are provided notification (See Attachment III). Over 70 notices were mailed to property owners in the area affected besides public notice in the local newspaper. A minimum of three public hearings are scheduled to resolve the issues at hand. GOAL #9 - ECONOMY OF THE STATE ". .. Plans and policies shall contribute to a stable and healthy economy in .all regions of the state. Plans shall be based on inven- tories of areas suitable for increased economic growth and activity after taking into consider- ation the health of the current economic base; materials and energy availability; labor market factors; transportation; current market forces; availability of renewable and non-renewable resources; availability of land; and pollution control requirements." GOAL #ll- PUBLIC SERVICES AND FACILITIES "To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development." (See Chapter II Section II). GOAL #12- TRANSPORTATION "To provide and encourage a safe, convenient and economic transportation system. A transportation plan shall (1) consider all modes of transportation including mass transit, air, water, pipeline, rail, highway, bicycle and pedestrian; (2) be based upon an inventory of local, regional and state treansportation needs; (3) consider the differences in social consequences that would result from utilizing differing com- binations of transportation modes; (4) avoid prin- cipal reliance upon any one mode of transportation; (5) minimize adverse social, economic and environ- mental impacts and costs; (6) conserve energy; (7) meet,the needs of the transportation disadvantaged by improving transportation services; (8) facilitate the flow of goods and services so as to strengthen the local and regional economy; and (9) conform with local and regional comprehensive land use plans. Each plan shall include a provision for transport- ation as a key facility." (See Chapter II Section I). GOAL #14- URBANIZATION "To provide for an orderly and efficient trans- ition from rural to urban land use." ,_ VI AMENDED COMPREHENSIVE PLAN GOALS & POLICIES A) COMMERCIAL GOALS, POLICIES b STATEMENTS The City should at all times have sufficient land to accommodate the retail needs of the City and the surrounding market area. The City presently has tH~ee four major commercial areas: 99E,, I-5 Interchange, and the downtown area and the 214/211/99E "four courners" intersection area. No new areas should be established. Volume I, Pg. 24, Item B-1). Strip zoning should be discouraged as a most unproductive form of commercial land development. Strip zoning being the use of small Parcels, less than one acre, with lettle lot de th, less than 150 feet, with each arcel containin multi le drivewa access oints. Whenever possible, the City should encourage or require cor~nercial developments which are designed to allow pedestrians to shop with- out relying on the private automobile to go from shop to shop. Therefore acrea a site lots should be encoura ed to develo "mall Type" developments that allow a one stop and shop opportunity. ~o-~nercial developments or commercial development patterns which require the use of the private automobile shall be discouraged. (Volume I, Pg. 25, Item B-3). The second large commercial area which has devloped in the City is the commercial strip along Highway 99E and the development along the intersections of State Highway 99E, State Highway 214 and State High- way 211. The strip zoning along 99E has cuased many problems in the City of Woodburn as far as traffic flow and traffic safety on the State Hingway. This is because this type of development is the least efficient use of commercial land and highway frontage. While there is little which can be done with the areas which have already been eveloped, some of this will be redeveloping in the future, especially North of Lincoln Street. Access control N}ass poli_ sbea}d shall be deve}aped observed apd-the-streets-sbea}d-be-}~p~eved- When street improvements occur The area on State Highway 211 which has been set aside for commercial development, some 35 acres, will provide future expansion for retail uses for the City. But before it can expand, State Hingway 211 needs additional right-of-way and widening of the highway to accommodate the greatly increased traffic that this commercial development will generate. To insure the smooth flow of traffic b this area onl two driveway access oints onto State Hi hwa 211 shall be allowed. Volume I, Pg. 37, Para. 1 . The primary objective is to improve Hiqhwa 99E from its South city limits to the North cit limits to accommodate 2 South bound lanes, two North bound lanes with an accom an in center refu a lane and bicycle paths This would greatly enhance traffic flows and decrease the number of vehicular accidents. However, a secondar objective to further enhance traffic flows and reduce traffic accidents is to }}m}t reduce the number of drivewa access points onto the 99E strip. (Volume I, Pg. 12, Para. 2 . That area North of Sho -N-Kart to Industrial Avenue, which is Indust- rial Park on the Com rehensive Plan Ma shall be restricted to two two drivewa access oints with National Wa servin as the main access with 99E as an alternate. Volume I, Pg. 12 , NOTE: That which is marked out is previous wording and the underlined portion is the recommended changes in language. B) INDISTRIAL GOALS, POLICIES & STATEMENTS Industrial lands should be protected from encroachment by com- mercial or other uses which will either increase the price of industrial land or cause traffic fere with the normal industrial practices~n(VolumeWI11P9nt26, Item C-8). The Industrial Park area was really the beginning of Woodburn's industrial expansion in the 1970's. It has been very successful and now covers a large amount of land between the Southern Pacific Railroad and Highway 99E North of State Highway 214. However, as of the writing of this Plan almost all of the developable land has either been sold to industries which intend to locate in Woodburn or is under development. There are approximately 17 acres left which have not been sold to industrial developers. It is expected that in the next two to three years the remainder of the industrial land in the Woodburn Industrial Park area will be used for indus- trial development. This area should be maintained throughout the planning period as the attractive industrial area it is now. (Volume I, Pg. 35, Last Para.), CHAPTER 11 RESOURCE IRIFORMA TION CHAPTER II I. TRAFFIC CIRCULATION The State Highway Division monitors traffic volumes at specific points along state highways on an annual basis. Traffic volumes on Highway 214, Highway 211 and Highway 99E at points around the four corners area for 1980, 1982 and 1984 are listed below: 1980 1982 1984 HIGHWAY 214 Just West of Highway 99E 9,100 ADT 9,300 9,100 HIGHWAY 211 Just East of Highway 99E 4,300 4,750 5,800 HIGHWAY 99E Just South of Highway 211/214 14,900 14,800 17,500 Just North of Highway 211/214 10,100 10,300 11,900 Turning movements at the Highway 99E/Highway were recorded in Jul 1984 Th 214/Highway 211 intersections y . ing the intersection. For ere were a tot the breakdown of t al of 23,591 urning movem vehicles enter- ents please s the attached diagram. ee Vehicle trip generation of land use activities is never a precise fore- cast. At best it is an estimation based on certain assumptions. Trip generation rates have been estimated by the Institute of Transportation Engineers for a variety of land use activities. Generation rates are subject to modifications due to specific site characteristics. Because it is unknown, at this time, what kinds of commercial and industrial uses will occur on the properties in question, trip generation rates are gener- alized to be: LOW AVE. HIGH Industrial per acre 14 60 441 Commercial per acre Median= 443 Ave.= 647 Trip generation rates are for the average weekday. The proposal for the four corners area could potentially add approximately 40 acres of land to the commercial land inventory and 30 acres to the indus- trial land inventory. Using the average trip generation rates listed above full commercial development of the 40 acres could generate an additional 25,880 vehicle trips per day. Industries locating on the 30 acres could generate an average of 1,800 vehicle trips per day. This is a total of 27,680 potential vehicle trips moving in and around the Highway 214/High- way 99E intersection. This is approximately, 4,100 more vehicles than are currently travelling through this area. The intersection is currently oper- ating at a level of service "C" approaching level of service "D". (See attached description of levels of service). When Highway 99E is improved i.e. widened to five lanes, storm drain, curbs and sidewalks, the level of service will stabilize at level "C". The anticipated improvements of Highway 99E should increase the capacity enabling the highway to accommodate an additional 4,100 vehicles as well as a potential of 13,000 additional vehicles with a high intensity indus- trail development on the 30 acres. II ACCESS CONTROLS* 1. New direct access to arterials should be granted only after con- sideration is given to the land use and traffic patterns in the area of development, not just at the specific site. Frontage roads and access collection points shall be implemented whenever feasible. 2. Access control techniques will be used to coordinate traffic and land use patterns and to help minimize the negative impacts of growth. Area-wide needs should receive precedence over site- specific needs. 3. To insure a minimization of traffic flow and to promote safety; the number of access points to arterials shall be kept to a mini- mum; the cluster development of commercial and industrial acti- tivities will be encouraged; and the City shall establish minimum set backs from the pubic right-of-way of arterials for commercial and industrial uses. 4. Undeveloped lands in which new arterial alignments are planned should receive special consideration for the use of the various access control techniques. These lands have both the greatest need and greatest potential for access control. * To improve traffic flows on State Highways the above access con- trol policies have been incorporated into the City's Draft Com- prehensive Transportation Plan. (Page 42) 21 A ~~~ I ~ ~ OREGON STATE HIGHWAY OIVIS161V TRAFFIC ENGINEERING SECTION TWENTY- FOUR HOUR To -_------ --- 1 I TI ( w I ~ 1 ~~ ~~ ~~ i i._ 1 ~~~ ~ GATE ~, .vl .. /.~~~`~t/".[~ Z~~/.N ~... U F W E E K 7.~i~~;~. r!Ya.. ~./ ........... ACTUAL COUNT (VEH.) ,,,.1~,,,,,,,,,,,, HRS. HOURS COUNTED .~f.~s:!-....lo.,,~a-~........ . PEDESTRIAN COUNT ....16 .............. HRS. .HOURS COUNTED .C1.f1~`.'~'„/Q.~„ WEATHER ~./Qa - Gla~ .................. ~r :...t .:.............,1.:..!~~ :K.......... ._._ ~ -~- .~.>37~ 1 L9~- ~~~7/ N 0 ---53`-~~ -- ~~ R~emAarks: 12.11' o~ _ -_ ~ .C=`~hf~a1 ~o-~K~ rte` C "r Ur ~~ ~_ Z ~ ~` !/obi- ___ i ,,,, 7- I ~~, v i i-- ~/EHICULAR VOLUM E CITY R COUNTY .(~o.~hyr-~. INTERSECTION OF f~44~~Nu~y E ~~,~//qn~~' .~7i.~fd!'~.:St/~::~°;./1/c.~~/~!O~e!ctly.~ E'..~.1P~i~trt:1-- .... MILE POS~1.:~..3~:~o~iyoc.•..~9.~•.~/¢./....a•~~ ..... ... CLASSIFICATION ~~~../leC~ji e.$ .................. ^i ~1 N1 11 I 9~G ~I \ 1 ~~ ~~ ~ ~ ~ ~~ O ~I ~ ~ '~`1 Ped. !o PLL.~ q gc- 1 ~ ~ ~l ~~ °i I rnL_! __-~~ N~ z i y ~~I ~; , ~ ~ ~~ ~ ,~ 1 ~' No. y TOTAL VEHICLES ENTERING INTERdECT10N ~~ IOQ NORTH 4 30uTH -s o6 GS ENTERING FROM ~~ EAST a wesT To /bola l~iL - - - --- ZS3q ,5~2 ~~~ Zc~~i Q?5! N 0 _Sv_~ _ flc~j ~l6 / -~ O STREET OR AVE. Indicate ~ > North Q 0 wW ~ W Q: - F- N ~ ,~~'~ R~7 3 - 22 J~~' ;, ~f .} ~~ .r t . .~ ' :, :; '_: Level of Ser-- v~_ A B =~C (Desired Urban Oesign Level) 0 E (Capacity is at the divi- sion between E b F) :,:. .~ F .{ LEVELS OF SERVlCF. FOft SIGfrA~l7.E0 lrrri:RSECTlOfrS Type of Traffic Floty Comments Maneuvers bi 1 i t Free Flow Stable Flo w Pfo vehicle waits longer than one red indication. The nur~ber o f vef~i cl es waiting through one red indication is increased. Stable Flovr Occasionally vehicles • may have to wait through more than one red indication. Approaching Unstable Flow Unstabl e t=1ow Oelays may be substan- tial during short peri- ods, but excessive back- ups do not occur. This level usually considered an acceptable goal during peak hours. Delay may be .great--up to several signal cycles. ' Usually, considered un- satisfactory~ Short peri- ods of this level may be tolerated during peak hours in lieu of the cost and community disruption of providing a higher level of service Turning movements are easily made, and nearly all drivers find freedom of operation. Many drivers begin to fe somewhat restricted with groups of vehicles. Back ups may develop beh~ turning vehicles, (lost drivers feel somewhat rep tricted, but not objectic ably s®, Maneuverability is severe limited during short peri due to temporary back-ups There are typically long queues of vehicles wait- ing upstream of-the inter- setion. ~ _ Forced' Excessive delay. Nearl always considered unsatis- ups nfromootherolocateons factory. May occur only may restrict or prevent during P.M, peak hours movement of vehicles at during summer months in the intersection under recreational areas. consideration. 23 II. WATER, SEWER AND STORM DRAINAGE (MAP III) The public facility infrastructure (water, sewer, storm drainage and streets) has a strong influence on an areas ability to acccom- modate new growth for a limitation of one service such as water, no matter how adequate the other services, could be a limiting factor on an areas ability to realize its full growth potential. It is the Public Works and Planning Staff's opinion .that any land use revisions as those recommended can be accommodated. However there could be costs incurred by the prospective developers depend- ing in the level of service that could require facility improve- ments. The following is a synopsis of the existing public facilities with general observations as to their ability to provide service to this area. (A) WATER: A 12" water main runs on the South side of State Highway 214 (Mount Hood Avenue) to the 214/99E intersection. A 10" line crosses Highway 214 continues North on Progress Way. Another 8" water line crosses State Highway 214 at the Westerly end of the Safeway/Payless complex and services that area. The 10" main on P-rogress Way would also serve Lot 1 and Lot 4 of the properties identified on Map I. A 12" water line is also located on the West side of 99E from James Street North to the 214/99E intersection and proceeds North to Industrial Avenue. This line can adequately serve all new development on both sides of Highway 99E to Industrial Avenue. The extension of that 12" line North of the city limits is proposed for the future. Presently no water service line exists from the State Highway 214/99E intersection East on the Mollala State Highway 211. It is anticipated this line would be 12" diameter and adequately serve both sides of Highway 211 to the Easterly city limits. It should be noted however that an additional water well and elevated storage tower will have to be installed in 3 to 4 years in the Industrial Park to improve future service for this area. (B) SEWER: A 12" gravity sewer line comes from McLaren to State Highway 211 which proceeds West on Highway 214 to a lift station on the South side of 214 just West of the Front Street overpass. The 8" gravity line on 99E also connects to the 211/214, 12" gravity line. The waste water is then pumped from the 214/ Front Street lift station through an 18" force main to the Wastewater Treatment Plant. All properties in the discussion area can be tied and adequately serviced by this system. (C) STORM DRAIN: Of the three services the City has to provide storm drainage is the most difficult to accommodate. Presently the 24" storm drain running West on State Highway 214 from approxi- mately 400'- West of the 214/99E intersection to the Front Street/Mill Creek outlet has a limited capacity. It is therefore doubtfull that Lots 1 and 4 of Map I could tie into this system. Lot 4 would more likely connect to the 24" storm drain on Progress Way while Lot 1 would connect to the 99E storm drain. However due to the limited capacity of that line a retention basin on Lot 1 would be required. Lot 2 would connect to the nearest creek.outfal~l:, a.consider- able distance at a high cost for Lot 2. Lot 3 would connect to the Industrial Park storm drain system. The conclusion for storm drain service is that service is possible but at some cost. ~ LAND USES DESIGNATED IN PLAN - ACRES ~V/~ILABLE FOR DEVELOPMENT USE TOTAL PLAN IN 1980 Commercial 430 259 Industrial 671 326 AVAILABLE FOR DEVELOPMENT IN 1985 * 172 (63q under one acre) * 335 * Approximation Available for Development - includes vacant lots under utilized. THEORETICAL LAND NEEDS TO YEAR 2000 URBAN LAND NEEDS IN ACRES and those ACTUAL AVAILABLE IN PLAN COMMERCIAL 428 430 23,000 persons @ 1.86 acre/100 population INDUSTRIAL 344 671 23,000 @ 2.30 acre 100 population - 185 units Within the City's Urban Growth Boundary 430 acres are presently design- ated for Commercial development while 671 acres are identified for Indus- trial uses, of that, 335 acres are available for Industrial development while 172 acres (63~ under one acre) are available for Commercial use. If it is the intention of the Commission/Council to amend the Industrial designated Lots 4 and 5 of Map I to Commercial such action would reduce the lands available for Industrial use from 335 to 315 acres and raise the Commercial lands inventory from 172 to 192 acres. It should also be noted a majority of the one acre or less sites are adjacent to State Highway 99E. In staff's opinion the improvement of these properties could be a~.potential burden along the 99E strip with even more driveway access points. The impact of this being the rise in accident rates and additional disruption of traffic flows. SOURCE: Woodburn Comprehensive Plan Vol. I, Pg.19, Table 3. 26 cHAi~TE 111_ FINDINGS S~ CONCLUSIONS. FINDINGS & CONCLUSIONS (A) The City of Woodburn's Comprehensive Plan (Volume I, Pg. 51-52) calls for periodic review of all land use planning ordinances and/or amendments to the plan when applicable. (B) The proposed land use changes (Lots 1,4, & 5 Maps) to Commercial use would not constitute strip development as defined by the proposed Goal Amendments (Pg. 14-A 2nd Para.). (C) All properties (Lots 1,4, & 5 Map I) amended to Commercial are with the Commercial area described in the amended Goal state- ment (Pg. 14-A, 1st Para.). (D) Either Commercial or_Industrial designations for those properties amend to Commercial use (Lots 1,4 & 5 Map I) would satisfy the City's Economic Goals. (E) Over half (63%) of the Commercial acreage available for develop- ment is under one acre in size. The proposed amendments to Com- mercial insure an adequate number of acreage size properties to accommodate mall developments. (Chapter II, Pg. 22, Staff Report). (F) Public facilities in respect to water, sewer and storm drain can be provided or are in place to the proposed sites. (Chapter II, Pg. 23, Staff Report). (G) Public hearings were held in accordance with Chapters 7 and 16 of the Woodburn Zoning Ordinance and State Goal #2 "Land Use Planning". (H) The proposed land use amendments will reduce the industrial land inventory by 20 acres. Ten of those acres (Lot 4 Map III) has water and sewer services available to the site. (I) The theoretical land use needs for Industrial, Commercial and Resi- dential land availability as described in the Comprehensive Plan are still met with the proposed amendments. (Chapter II, Pg. 22, Staff Report). (J) The future State Highway Improvements of 99E/211/214 are so designed to accommodate the proposed land use designations (Chapter II, Pgs. 16-19, Staff Report, Comprehensive Plan Transportation Element Vo1.I). (K) The City of Woodburn's recently adopted (April 22, 1985) a Transport- ation Plan that provides for limited State Highway driveway access to control ingress/egress to insure minimum disruption of traffic flows on these highways. (L) The proposed Comprehensive Plan, Zoning Map Amendments to Lots 1, 4 and 5 of Map I would not be in conflict with adjoining land uses. (M) In the case where CO (Commercial Office) (Lot I of Map I) would be allowed adjacent to Single Family Residential the Comprehensive Plan states that such uses can be compatible when adequately buffered and landscaped. (Vol. I, Pg. 25, Item B-6). 27 FINDINGS & CONCLUSIONS (CON'T.) (N) FINDINGS & CONCLUSIONS FOR LOT 1 OF MAP 1 (a) The property has access to the two most traffic generating highways that can best accommodate anticipated vehicular traffic. (b) There is potentially good visibility for store i`rontage adver- tising. (c) The property is adjacent to an already existing hub of commercial development. (d) The property adds depth to the commercial hub which allows greater concentration of commercial businesses. (e) The parcel size would be conducive fora shopping center/mall complex. (fj Mt. Jefferson Avenue would be instrumental as a division line between the commercial business on the North side of that road and Commercial Office on the South side. The Commercial Office on the South side serving as a buffer to the Single Family Resi- dential District to the South. (g) The CO zone which allows such uses as doctors and dentists offices is regarded as a "soft" buffer between the Residential zone to the South and the Intensive Commercial use that would be allowed on the North side of Mt. Jefferson Avenue. (0) FINDINGS & CONCLUSIONS OF LOT 2 OF MAP 1 (a) Provides a large block of land that with highway improvements and with strict access controls can accommodate a large "mall type" develop- ment. (b) Future highway improvements will be made to accommodate the addi- tional traffic flow on State Highway 211 (2 lanes with a third refuge lane). (c) By not amending the land use designation the present land use designation on the Comprehensive Plan Map is maintained. (P) FINDINGS & CONCLUSIONS OF LOT 3 OF MAP 1 (a) Maintains the existing Comprehensive Plan Map designation of IP (Industrial Park). (b) Maintains the existing zoning designation IC (Industrial Commercial) and its land uses. (c) Preserves this area for small lot Industrial developments that want highway visibility. (d) Maintains the only IC designated lands left in the City. (e) Limits the number of potential driveway access points onto 99E. Restricting access to this highway no more penalizing than for the Industrial Park users. (f) Site Plan Review Chapter 11 of the Woodburn Zoning Ordinance can insure against unsightly development or storage of materials. 28 FINDINGS & CONCLUSIONS (CON'T.) (9) Maintains existing zoning designation IC (Industrial Commer ' and further restricts retail use. cial) (h) Encourages access from National Way and discourage acce with some additional uses if they are "Industrial Like"sin tthe 9E IC zone. (i) The IC zone identifies a land use designation that provide transition between manufacturing and retail sales, s a facturer now has the opportunity to utilize a portionhofmthe building site for retail sales outlet for his manufactured ro- duct. p (j) Many of the uses now identified in the IC designation are n allowed. For example, bonding companies, notar o longer agencies, motels and hotels. Y public, detective (k) Optional business's-are also eliminated i.e. auto sales lots car wash facilities have also been removed. and (1) By limiting retail sales to manufactureres to a percenta e o total gross floor area (20%) the manufacturing and not retail sales remains the dominant use. ~(~) FINDINGS & CONCLUSIONS OF LOT 4 OF MAP 1 (a) The property, if amended to Co-r~nercial use, is adjacent to a existing Commercial complex. n (b) The 11 acre site provides a large parcel of land that could a . date mall development that could be complimentary to the Co-t~nerciao development to the East. 1 (c) There is approximately 336 acres of land available for Indus development. trial (d) There are presently Comprehensive Plan Goals and Policies th flict with a land use amendment change to Commercial. at con- (e) The amendment from Industrial to Commercial would remove the eleven acre Industrial site with the infrastructure in place iney water, sewer, storm drain and streets. (f) Specific conditions are necessary so that conflicts with the C - prehensive Goals and Policies do not occur. Those bein om highway access, (b) Vehicular interconnection points wigh(adjacented Commercial uses, and (c) Signalation. (g) Justifications can be made to amend specific _ hensive Plan thereby making allowance fora Commercial~usehin Cthpse area . (h) If the alternative policies were adopted (VII amended Com rehe Plan Goals and Policies attached) the following would occur, nsive (1) The 11 acre site would become part of the Commercial core. (2) This would not constitute strip development. (3) The Plan Map Amendment and Comprehensive Plan Goals and Polic' would be in harmony, ies (i) See Findings of Fact for Approval. (Attachment II). 29 (j) Lot IV is to be used as Commercial only if it can be inter- connected with the Safeway/Payless complex. The driveway access (only one onto Highway 214 for the 11 acre parcel) to lineup with Mt. Jefferson Avenue and one access on Progress Way. This is to promote internal rather than external traffic circulation when shopping in the 11 acre Payless/Safeway complex. (R) FINDINGS & CONCLUSIONS OF LOT 5 OF MAP 1 (a) As identified in Attachment I Retail uses are not allowed in an IC (Industrial Commercial) zone. By amending the land use design- ation to Commercial General the two existing retail businesses would convert from non-conforming to permitted outright uses. (b) The high level of site visibility at the intersection by vehicular traffic makes these parcels attractive for Corranercial uses. (c) The clustering of Commercial uses at the intersection compliments business in close proximity. (d) The intersection when improved will be able to accommodate more vehicular traffic than any other intersection in our community. 30 c l®IA, P-rE R I v APPENDIX WOODBURN ZONING ORDINANCE CHAPTER 33 IC INDUSTRIAL COMMERCIAL DISTRICT 33.010. Use 33.020. Retail Sales Prohibited 33.030. Pollution Authorit Y Approval 33.040. Conditional Uses 33.050. Optional Business 33.060. Height 33.870. Rear and Side Yards 33.080. Front Yards 33.090. Open Stora e 9 Yards 33.100. Landscaped Yards 33.110. Site Plan Review Required ATTACHMENT I CHAPTER 33 - IC ZNDUSTRIAL COMMERCIAL DZSTRICT WOODBURN ZONING ORDINANCE Section 33.010. Use. Within an IC Industrial District no buildin Commercial enlarged, or designed ~tosbe usedreerected mstructurall be or enlarged except for one or more of the following uses: used, y altered (a) Any use permitted under Section 28.018 (c) through (k); (b) Industrial uses: (1) Applicances, office and electrical product equipment manufacture; (2) Food, grain, feed and derivative products processing; (3) Furniture and fixtures manufacture; (4) Leather and leather products manufacture; (S) Metal fabricated products manufacture; (6) Paper and allied products-assembly; (7) Printing, publishing and allied industries; (8) Professional, scientific and controlling equipment manufacture; (9) Rubber and allied products manufacturing; (10) Textile products manufacture; (11) Textiles and apparel manufacture anti fabrication of textile products; (12) Textiles and apparels - other facilities; (13) Tobacco processing; (14) Transportation equipment and manufacturing. ., Section 33.020. Retail Sales Prohibited. to the general public are prohibited in an IC Districtes of goods Section 33.030. pollution Authorit specified in Section 33.010 and 33.040 or Section 34.020uand 34.030 or Section 35.010 and 35.030 shall obtain a the Oregon State Department of Environmental PProval from Mid-Willamette Valley Air Pollution Authorit beforeyaand/or the the City, Such approval shall take into consideration labs quality, heat, glare, light, noise, sewage and vibration. Section 33.040. Conditional Uses. procedure When authorized under the provided for Conditional Uses in this Ordinance, the following uses will be permitted in a IC District: (a) Chemicals, fertilizers, insecticides, paint and allied products manufacturing; (b) Metal fabricated products manufacture; (c) Machinery manufacturing; (d) Metal working shops; (e) Petroleum, petroleum products, provided all storage is underground; ATTACHMENT I CHAPTER 33 - IC INDUSTRIAL COMMERCIAL DISTRICT WOODBURN ZONING ORDINANCE (f) Wood and lumber products processing, manufacture and storage. Section 33.050. Optional Business. The following uses will be permitted in a IC District as optional businesses: (a) The sale of automobiles and small trucks, new or used, when the following conditions are com plied with, to-wit: (1) That the lot is paved with a concrete or asphaltic hard surfact; (2) That if the open sales area looks upon or is adjacent to any "R" District such lot shall be screened from the adjoining "R" District by as sight obscuring fence, wall or hedge at least 4 feet but not more than 7 feet in height. Said fence shall be maintained in good condition; (3) That any repair shall be confined and conducted entirely within an enclosed building; (4) Any car repairing and storage of merchandise and supplies shall be conducted entirely within an enclosed building; (5) The property fronts on an arterial street as designated in the Woodburn Comprehensive Plan. Section 33.060. Height. In an IC District, no building or structure shall exceed 45 feet. Section 33.070. Rear and Side Yards. There shall be a rear and side yard on every lot in an IC District, which rear and side yard shall have a minimum depth of ten feet. The minimum depth shall be increased one foot for each additional foot of building height above ten feet, except a rear or side yard is not required adjacent to a railroad right-of-way, siding or spur track; provided, however, any rear or side yard provided adjacent to a street shall have a minimum depth of 20 feet. Section 33.080. Front Yards. There shall be a front yard on every lot in an IC District, which front yard shall have a minimum depth of 20 feet. Section 33.090. Open Storage Areas. (a) All yard areas, exclusive of those required to landscaped as provided in Section 33.100, may be used for parking, materials, and equipment storage yards, or areas as may be used for the purposes permitted in the IC District provided such yard area is enclosed with a fence or wall placed at an height of seven feet. Any fence, wall or hedge may be located on the property line except it may not enclose landscaped yards, as setforth in Section 33.100. (b) The surface of such area shall be paved or gravelled and maintained at all times in a dust-free condition; except, that all automobile and truck parking and loading areas shall be paved, as provided in Chapter 10. ATTACHMENT I CHAPTER 33 - IC INDUSTRIAL COMMERCIAL DISTRICT WOODBURN ZONING ORDINANCE ~c~ Any lighting maintained in equipment storage areas shall on or reflect into abutt' conjunction with material and be so oriented as to not shine ing properties or streets. Section 33.1gg, Gandsca a street, and Ped Yards. Any yard provided adjacent to landsca ~ the adjacent unimproved Ped but in no case shall it be right-of-way shall be than 30 feet from the nearest ed a of re9ulred to landsca e the street right-of-way, g the existin P more g improvement in Section 33.g9g, Site Plan Review Re wired, shall be required for all buildin s Site Plan Revie w used, arranged or designed to be usedstructures, or altered or enlar ed erected Premises 11. g in accordance with the structurally provisions of Chapter CfiApTER 33 _ ZC INDUSTRZAG ATTACHMENT I COMMERCIAL DISTRICT --- - WS2QDDSJRN_ ZONrNC ORDINANCE_-_____ ___ _ S tion 28.A10. ae. Within a CO Commercie bull structure, or ice District,. no designed be used Premises sh a used except Eor on • erected, a urelly altered arranged, oc more oft of lowing uses: or enlarged, (~) Any use matte n RM District; ( e-schools, nurseries end kin na; (c) Non-profit memborahip organization oEticca and facilities: (1) Duaineas association offices; Uses from ~ (2) Gabor unLo~s end similar labor orgentzetion ( ) offices end tectlitioa; through (K) (3) Political orgenizntion otticus encl heedquertera; (~) Profcaetonal memhc•rahtp or7.~nt zet ion, offices end facilitioa; (d) Ifotel a and motol a; (a) Perking lot when developrrt nn prr.nc-rihed in Chapter 10; ft) Contracting buainoas offices; (g) Service business office for: (1) Oonding company; (2) Octcct i ve Jgoncy; (3) Dretting service; (5) Nowaia9• mailing lfat, acldre:catng rc.•rvicc; yndicatcu; (6) Notary publ tc; (7) Stenographic aervtcc•; (8) Telephono enaworing service; (h) Financial, insurance and real estate offices for: (1) 1-d~uatmcnt end collection agc'nciea; (2) Etenka; (~) Connumor reporting agencies, crecltc .~~cnc-!c8 tether than banks; (4) Insurance carriers end agents, brokc•ra and service agencies; (5) Insurance compantc•R, main oc branch; (f) Rcel catatr companten (selling, managtnc;, ctcl~ :search, subdtvlsion or <levclopmcnt coTl,anic•s, c•t~•,); (~) Combinet(on coal rntatc•, insurance, loan or law off ices (those companic.:c doing .any combinit ion of the .hove, but nonce prodom f Want 1 y); (8) Seeur t ty and eommocl t ty t~rokc•r n, clc~a 1 era, exchanges end servic~n, holding .~ncf nthrr inv~stn,~nt comp,in t es ; (~I itlc• ~it~.trnc-t c•oml~.inie:r; (1~) Trust c•omp.inirs; (i) f.~tioratory-acrd and r;oi 1 tr::t ins;, r~•::c.'.~rc°'i; ATTACHMENT I CIIAPTE:R 28 - CO - COMMERCIAL OF'PiCF. i)iSTRiCT rncF: z8. z wOODBURN ZONING ORDINANCE (j) Motor freight terminal offices; (k) Profeasionel offices for: (1) Accounting, auditing and bookkee in (2) Artists, authors, lectures P `~ Rervtcea; (3) F.ng ineera and ercht tects; ~ etc.; (,) Non-profit educettonel and scientific r~aearch agencies; (S) I-awycra; (~) Mcdicel and dental laboretori~s; (7) Medicol, dentol and other eilied otCicoa end clinics. O professional to the prescribin Ptomotrtata primarily cngeg~ gleaa~a are includcd.t°ther then tha selling of eye (g) Mortuary, Sectlo 28.028. . proved re prov tde~~or Condit t ! o n 1 Uaea ! nut h °r ! ze tol low! uses wf 1 1 be p under the ~rmttted !n a ttz O tnanco, the CO nlntrlct: (°) edio and Television stations and at oa; (b) Ra to and Tcloviaton tronamltter pipe tel vision pick-up feciltttea attons, towers end (Pr vatc); (c) T°1P one nncl tc~lcrclrnph commun' -atfon f.~c-!1 it irt; (d) Mobile home packs; (°) Ooat, c mp~r and dovelopcd ea trallar atora~r aC°a or lot when reacrlbcd !n Sc ion 22.A30(d), (f) Oarbcr sho n; (41 Reeuty shops (h) Vc`t°rinnry c•1 ic-1, Section 28.p3~+, O tlonel conducted to n CO nlatr ° atneeeses, Optional t,u:rinc::r:~c.;c main une when s an incldent~l or nc'condnr may bc~ buildln conduct ci nd entered onl Y use to a 9. prov(cicd thrr is n Y tro:n within thr except for a name ply exterior ci(:rl.l,~y or ,~clvc•rt irr~m~nt more than onc._ not o~• r two square frrt in .err.,, •~ncl not such usr he 1 f o t hr f 1 0o a r cn o f onr :c or usr:c, t> ,t i f ^uc•h hr i Ic! ins tor} i s cirvotcc! to height, then not ~ ter but onl shell b~~ rr thin on,,-fo rch of thc• floor} irr.ti~thrr,c•of c)cvoted o :arch u ,~ or u~c ns tol lows; (e) F..it! q ('lacr.•; (not c)rivc•- sho-~- 1 cluor) c-.it,•rrra, (max rc"=t.~ur•int^., c-:,tc••: ( Y ,••. .inin~( rorrn:z .Intl tc•., rooms lunch ;,rovicl.•r~ , oftrc• ::cc:t n ze.n•1c+ • Ilciclht. t•:h.•rr. r hc• l,ui lc~ rn~ c,r :•r ATTACHMENT I ~ r "`~ r" r `' " r Cf(A PTF:R 28 - CO - COMMF.RC 1/1 [. O}•I' !C}: (~ t STR tCT FINDINGS OF APPROVAL u I:XfIIBIT "A" FI.\'DI,~ICS OF AppROVAi. I• NATURE OF p ROCEEDINCS On March Public 2z• 1984, lhc' Woodburn ' hearing and took tc•;;timon 1la+utin• Change Case No. Y on c:on,P~r~henS mission held 84-01, On April 5 plan a adopted findings of approval 1984• tftc and 7.onc in this case. planning Commission At the aP1>] ican(s' before the request :r do _nuvu public Woodburn Cit)' Courtctl urt Aril herring was hcarini; was held to draft r°closed and Lhc C<,unctl arted,l f, 3' 1984, P posed finding The public at the Council' I's °f : ppr'c>':a1 for ~ tmot ion. to direct sCaFf s blay I4 r , 1984, mectinp• rc'vicw and discussion II. FINDINGS OF FACT lFa--c~ 1• The facCs concern(n{; this public testimort aPPlicntiun A Y heard before are c°ntaincd in the Pril the Woodburn rcpc,rc zw. 1984, including, but not I City Council on tilt :+tt:rc•Irmc•nty wlt(c,lt w:rr~ imiCed to, the staff record at thr ttme of tho hearlnf,. r"trc,rluccd tntc, that 2. . 'i'lr~ sul,~ undevelo `r't I'arrc•1 cun(:rfnr; Ped real ~+I'!'+„xinu+tc'ly 10 the interne Propcrt y }, ort the ~+creti of cCion of Y 1' in ~ northeast progress WaY. in Statc> }{t{;Itw;ry ?lir (Mt, corner of Oregon. the Cit flood Avenue) ancJ Y of Woodburn. Marion County. 3• The subsect , 1 arcel is bordered on the' north b public accountant's office the west and a Y a certified across mini-stora{;c facility, on Electric Wuodhurn I'r°f;ress WaY. by the commercial Dis(ri<'t Centr~r, and c>rt ortland General c'rt+nplcx, inclu,Iirt, the Loan Assori:rtic,rt _ F I':rmil cast by Safewa ~ Shari s Rc•tit:+urnrr(, Y~ I~eclern( Savings and y Grocery Store. I~+ylctss Drug Store and 4 • Tf1e sub ,ject parcel h:ty Comprehensive plan be"'n cI~slRnr+tecf accordance hlap `ts Industrial °ft ('~O°dbc+rn's therewith. It has been and is zoned in the Woodburn included Ip in undeveloped, Industrial Park, ;+nd fs by identification `+t fife present Cime °~:.,, ATTACHMENT II Findings of Approval May 10, 19f34 Page 2 S. 1'hc applicants rcyucst that the City c,f kuoclburn amend its Comprehensive Plan Map Crom Industrf:rl to Commercial use and amend the present Woodburn • 'l.~,ninF; Ordinance from IP (Industrial Park) district to CC (Commercial Cencral) district. ti. Applicable Criteria - Comvrc•h<•nsivc~ •trlan Amendment i• Tttc City Council finds that paral;r:rph iX of Volume 1 of the 1981 Comprehensive Plan of the City of Woodburn sets forth the substantive criteria which must be established to justify :rn amcndmc•nt to the Cr~rnprc•lrcrntiivc flan. A plop c•hanf;c~ must be justffied by the intr~,clurti~,n by pe.t(tioncrs of a tiol id body of c•vidc~ncc showing;: (a) that ttro amendment is in cornCliance with the f;o:ris :md policies of the Comprehensive Plan narrative; :rnd (b) chat the amendment is in compliance with the various elements of the Cornprchensivc Plan narrative; and (c) that the amc•rtdment is in compliance with the Statewide Goals and Guidelines; and (d) that there is a public need Cor ttte change; :-nd (e) that the land best suits that public need; and (f) that the land cannot be suitably use<! as iC i;; presently detiibnatcd. 2. The City Council finds that a Comprehensive flan amendment may also be justified by a determination that either: (a) a mistake was mado in tlte'cirafting of ttrc original plan; or (b) cunditiorts Ir:rvc chani;ed which would justify a redesignation of a particular parnel. 3. The Comprehensive Plan lists. on page S1 of V~lumc 1, six criteria which must be addressed to .justify a comprehensive plan amendment. These criteria constitute the City's goals and policies and are as follows: (a) Policies Cur Industrial Land Usc: Those policies dealing with industrial land use, as set forth on pages 25 and 26 oC Volume 1 oC the Comprehensive Plan narrative, advocate industry witftin t}te city of Woodburn, which will provide ~ healthy job market in alocation which will provide ea>o of access and which will avoid environmental dangers. Attention is to be given to the visu:~l impact oC industial development upon arterial streets, by the appropriate use of buffers. The industrial park conc'ePt is favored and attention is to be given to avoid commercial encroachment on industrial land, which might cithur cause the price of industrial lands to increase or result in traffic generation problems which would interfere with the use of adjoining industrial land. ATTACHMENT II i ~ • findings of Approval May 10, ]984 Page 3 (b) Pultcies for Commercial Land Devclo meat The City's policies for commercial land found on pages 24 and 25 of develo Comprehensive Plan. ~crlumc 1 Pint arc Policy 1 statc<; t}rit °f the Woodburn at all times, ti:rve sufficient land to accomoderteit needs of Y should the City and [h~ surroundin• the retail presently has three major commerci<-rlarket area. The City interctrangc, and ttre downtown area." areas' 99 E. I-5 • Policy 2 states that "lands for }rig}r traffic f;erreratin should be located on will-imprcrvect ar(c•rials. s}tould g uses provide the necessary traffic rnntrnl deviceseneeded CO :rmelori:rte their impact can the arterial streets." Policy 3 states C}rat "stril>" zorrinl; should be discouraged as a most unproductive form of commercial land development. Whenever possible commercial developments Ciwhictrhol;rr ~ encourage or require Pedestrians to strop wiClrocrt rel [rr , ctesifined to allow to go from shop to stro y ~ c"' t~rivatc automobiles commercial development p' Commercial. developments or private automobile shallabeediscourrrrl, ,require the use of the ~,cd . ~~) Policies and Coals for Trans ort:rciorr Woodburn's i;oals and set forth on ~ policies rel;ardini; transportation arc Panes 29 and 30 n( Vn}umc 1 of Woodburn's Comprehensive Plan. Ttre Ci[y°s f;oal iti safe, efficient means of circulation withintthercitdc for a provide for safe transport of gc,od_~ or y' a'rd to through the city." Persons moving The City's policies with re and the orderl f; to transportation encourage y development of major arterial streets Co accomodate traffic flows and the siF;nal.iyation of major arteries. Pedestrian and bicycle access is to be provided on arterial and collector streets. 4• T}ce City Council f Inds that the Comprehensive Plan Amendment must be in compliance with the various elements of the Comprehensive Plan narrative. These elements are as follows: (a) [he sewer system element, (b) the water system element, (~) the storm drainage element, element, (e) t}re housin (d) the transportation element, g element, and (f) the economic 5• The City Council finds that Woodburn's Comprehensive Plan has been acknowledged by the land Development Commission. Nevertheless, the Citnscrvation and that the plan amendment must tom 1 Y Council finds ~ Statewide Coals and p Y with the applicable Cuide.l fines. ATTACHMENT II! ' ~ N'indin -., F," of Approval May !0, 1984 ' Pagc 4 6• The City Council the pro osed plan finds that them P £ amendment. must be a public need for ~ • The it City Council finds that . must be shown to amend public tlrtrt the subj~`t ttre Comprehensive need, Parcel best Plan 8• The Cit suits the Y Council finds change it ^urst sltowntttat >• a tom be to .jrr~:t i f suitably used as it is that thc~ subject pret1ensive presentl Parcel Pl,rn Y desi~nated• cannot be ~~icab'Cri t`eria - ?.one Chanj~c• 1' '1'f1C CiC>' (;uuncl! Woodburn finds Clrat Znn i n£; Ord ' s''~' C i un:: I S rnanc•c address ''nd• 1G l' '1'hc• Cl t zones ch:rn£;~ of ttre Y Cuuncll Pr°cedures• Ctrc'n~e the find': that use aPP1 leant ~ ~t'c~`~ r ~ i~•:r I I Proposed -mrst: (~) show Y. (n supPc~rC •r in ucs w (b) show chat the thcrr~ is a need fo ~"nc 9 lion ill meet ParCicular r the Zoning Ordinance, t1r`rt need. Ptece of SecCiun 16.060 (b property )~ Woodburn 111• CONCLUSIONS ' OF [.AW I. desiCitY Council concludes 8nated for industrial that adequate land Comprehensive Land development has been the Use Plan Mrs on Woodburn's City to the year 2000 P to meet acres per hundred Projected needs Population (1•c•' ?3.000 poprr]ation of ~a) Rail c9ua1 529 arms.) at 2.3 transport~rtion (b) The location ad is unavailable ttre jacenc to this parcel. impact of to State I1i£;trw:rY 214 (c) The industrial use upon existence of m~rximizes of Chis 7n~u:rsi-commcrci;ilp`rblic visibili[y• side Parcel uses on three isolates of residential sides the indrrstr this Parcel from use on the fourth (d) The ia1 park conce effective inclusion in redesi ~ Pt ex ist in£; to will £,nation of this parcel the north, have' minimal effect a on for Park comme Co the north f nc~• rcial use with c'xisCfnC industrial Seneration, increased rc~f~:rrcl Co otherw industrial adverse CraCfic ise, land values, or 3• The amendment of sub' the Land Jett parcel will Use Plan MaP wit Comprehensive Plan forncommercial1Cdevelo'-rndrp~licieo the Iment: °f the (a) The redesi~nation establish new cof [Iris Parcel as commercial a mmer•cial be an extension of area will not the rn Woodburn, but will 99E-214 commercial area, ATTACHMENT II Findings of AP1~1 May ]0, 1984 Page 5 S. 6. 7. 8. 10 11. 12. (b) The subject parcel arterial wi[tr access 1s located on a well (c) The size the to ~~ ma'j°r collector streetmproved develo of Pro ert Pment. which will p' Y will permit mall- shop to sho allow Pedestrians tYPe transportation, P without rclyfnp on CO go From automobile Sewer. water. and storm drainage facilities are a to t}~e property. vailable The proposed development and Whangc would c:ncour;rge more ould be beneficial immediate City of Woodburn. to the cconom Y of the A Public need centrall exists for a substantial commercial. Y located within the Cfty can rn;r,jor arterial access which will permit a mall-CYPe develupment. A public need , facilities withineth~ts for n diversiC community. Y of entertainment 4. The subJect parcel will meet t}re need location and ability to be develo desi by reason of its gnation by Moyer Theatres ~SPed. and by reason of its within the city limits. the only desirable site 9. 1'he parcel has been desii;nnted for over ears. indrrtitrfal development for of an lOn ustrialIndustry Prefers to develo Other Park. away from P c'r~ the interior industrially roved Prfmary public visibility. from primary arteries, Property rem,~in;; 1v:rtlable ten acre Therefore. ft fti away within ChePfurc:,yeca<blc be developed as unlikely that this Cuturr_, presently designated • The City Council amendment concludes that [he Comprehensive complies with Statewide planning) in Plannin Plan Comprehensive Ylantfort is consistent s Coal 2 (Land Use the wfth the Woodburn reasons stated b a ove. The City Council amendment concludes that the Comprehensive complies with Statewide Plnnnin~ of the State) in Plarr parcel that it develo i' C:oal 9 (Economy which is desi Ps and makes productive a commercial develo gnated industrial but develo Pment for is suited for pment of the reasons stated above. Actual Woodburn the parcel will enhance Marion County and the State of Oregon` economy of Finall cl~anged~ s nceCity Council concludes that the last conditions have follows: designation of this parcel, as (a) Ttre West Woodburn 100 acre acre North Front Street industiral park and the 75 annexed to industrial park have been the City. ~ inventory of available Providing an additional industrial land. ATTACHMENT II Findings of Approval. May ]0, 1984 Page 6 fib) Tl1e fiencral economy of tlce (Jnit~d Stated, the State of Oref;on, the Willamette Valley, and the City of Woodburn has moved from development trend which encouragedl,~expansion find relocation of existinf; industries, and the establishment of new industries, to a conservative, hold-the-line trend with rci;:rrd to industrial growth. Some previous industry within the City hsrs closed its doors because of these ecomunic• far.tors. Therefore, it these conditiun5 would have ~xtsted at the time of the last Comprehensive Plan update. thi, parcel could have been favur:rbly considered tc,r commercial development. ATTACHMENT II FINDINGS OF DENIAL h`!T`'DItiC,S OF I)1•:NIAI. [_.__ NATURI: OF 1'RO(:FI;D T NCS (ht March `2. 1984, the Woodburn }Tanning Commission held a public hearing and took testimony on Comprcltensive Plan and 7.onc Change Case \o. 84-01. On April 5. 1984, the Planning Commission adopted findings of approval in this case. At the appl Ic•attl'>: rrcluc•~:t a Qc• nova pnhl ic• hc•:trini; w:tti hc•Id hc•fctrc the Woodburn City <:uuncil un April 23, IyB~i. Thc• pul,lic hearing; was r'Ir,tic•rl :tnrl thc• Cr,unr•il :trfc•rl, by mr~t Inn, tr. rlirc•rt r:t:tlf ir, rlr:tft prr,pne:rrl f/ndings of approval for its review and discussion at the Council's May 14, 19$4, meting. 'Clte matter was, by mot ion, cant inuc•d by the loodburn city Council .tt its May 14, 1984, mc•c•tinl;. At the following Council meeting, on .June ll, 1y84, the Council was presented with Council Iiiil No. 792, a proposed ordinance approving thr application in Comprehensive Plan :tad %nne Ch:tnj;c• (:nse No. 84-01 :tad justifying xaid :tpprov:rl with flttdiny;:; of l:tc•t and conclusions of I:tw, whereupon Council Bill No. 792 Called. 7'Ite Council had additional discussion of Che testimony previously presented acrd acCrd, by motion, to direct rho staff tct prc•p:trc finding;; of denial for its rcvlcw at the Council mectin}; of June 25, 1984. lf. FINDINGS OF FACT A. Facts 1. The facts concerning this application are contained in the public test imc,ny hear<1 bclor'c• thc• Wnoclhurn (:ity (;ottnri 1 c>n April 23, 1984, including, but not limited to, the staff report with attachments which was introducrd into that record at the time of the hearing. 2. The subject parcel contains approximately 10 acres of undeveloped real property lying; on thc• northeast corner of the intersection of State Highway 'L 14 (Mt. Hood Avenue) and Progress Way, in [he City cif Woodburn, Marton C<,unty, Orc•y;on. 3. The subject parcel is bordered on the north by a certified public accountant's office and a mini-storage facility, on the west, across Progress Way, by the Portland General F,lectric Woodburn District Center, and on the cast by a commercial complex, including Family Fedcra] SavinJ;s and T.oan Association, Shari's Restaurant, Payless DruK>store and Safeway Grocery Store. ATTACHMENT II F'Sndings ul lluni:rl June 19, 1y84 I'ai;e 2 4• The subject parcel has been desiy;n:rted un Woodburn's Comprehensive flan "fap :rs Industrial and isr.uned 11' in :rccurdan<:c therewith. It has been included by indent ificatiun in the Wuodbucrt Industrial Park, and is at the present time undeveloped. 5. Tire applicant's request that the City of Woodburn amend its Comprehensive Plan Mnp from industrial to Cc,mmcrcial use and amend the present Woodburn 7.uning Ordinance from IP (industrial i'ark) dltitrfct to CG ((;ommctrci:rl Cc•rrc•ral) dis(rlc•t. B• Applicable Criteria -Comprehensive Plan Amendment 1 . •1•h~• City r;uunc• i t finds that p:rr:,t;r:rl~h IX .,f Vulrrrnc• ( of tltc 19f31 C~~mprclrcnsivc Ilan of the City of W„udburn act:: furt}r the substantive <•riteria which mc,st b<.• c•stabl ishcd to justify att nnu•ndw~•rrt t„ (Irr• C~~rrrl,r•~•hc•n'rlvc• I'Ian. A I,I:rrr rlr:rr,y;r• nMir.l I,r• .justified by the introduction by pct itt~ners of a slid body uI evfdcnc~a slrc,winy;: (:r) tlr:rt the :rmc•ndmc•nr Is fn c~mpl i:rncr wlth the: buals acrd policies ut the Comprehensive Nlan narrative; and (b) that the amendment is in compliance with the various elements of the Comprehensive Plan narrative; and (c) that [he amendment is in compliance with the Statewide Goals and Guidelines; and (d) Chat there Is n puhl(c nccrd for Chc• 'rnd (e) th:.rt the land best suits that public need; and clrrrnf;e; that tfte land cannoC be suitably used as it is presently designated. 2• 'Cite City Council finds that a Comprehensive Plan amendment may also be justified by a determination that either: (a) a mistake was made in the drafting of the aril;inal plan; nr (h) conditions have changed which would justify a redesignaCion of a particular parcel.. 3. The Comprehensive Plan lists, on page 51 of Volume 1, six criteria which must be addressed to jr,stify a comprehensive plan amendment. These criteria cunstiCute the City's i;oals and policies and ace as follows: a) Policies for Tndustrlal Land Ilse Those: policies dealing with industrial land use, as scC forth ort pages 25 and 2G of Vulurne 1 oC the Cumprchensivc Plan narrative, advocate industry within the city of Woodburn, which will provide a healthy job market in a location which will provide ease of access and which will avoid environmental danl;ers, Attention is to be given to the visual impact of industrial development upon arterial streets, by the appropriate use of buffers. The industrial park concept is favored and attention is to be given to avoid commercial encroachment on industrial land, which might either cause the price of industrial lands to increase or result in traffic gene. rat ion problems which would interfere with ttte use of adjoininfi industrial land. ATTACHMENT II l~indin);s of Denlal June 19, 19ti4 Page 3 b) Pvl iric•s for Cummcrci:rl Land Ucvc]c,I,mc:nt The Cit}•'s policies for commercial land development arc found on pages 24 and 25 of Volume 1 of the Woodburn ComprchensLve Plan. Policy 1 states thaC "the City should. at all times. have sufficient land to accomodate the retail needs of the City and the surrcwndinf, market area. 'I'hc• City presrntly h:,s three ma•jur cummc•rcial areas; 99E. I-5 interchange, and the downtown arc•:,." Policy 2 states that "lands for high traffic );eneratinS; uses should be located on well-improved arterials. The uses should prc,vLdc the necessary traffic control devices needed Co ameliorate their imp:{ct on the arterial streets." Policy 3 states that "strip" zoning should be discouraged a:; a most unproductive form of commercial land development. Whenever possible, the City should encourage or require cumcnercial developments which are designed to :,flow pedestrians to :;hop wiChout relying on private automobiles to go from shop to shop. Commercial developments or commercial development patterns which require the use of the private automobile shall be dLs- couraged. c) Pol (etc:: and Cc,:rls for Transpurtat ion Woodburn's b'O:11S and policies regarding transportation arc set Cor[h on pages 29 and 30 of Volume 1 of Woodburn's Comprehensive Plan. The City's goal is "to provide Cor a safe, eCficicnt means ®r circulation wiChin the city, and to provide for safe transport of goods ur person:; moving thrc,uS;h the city." The City's policies with regard to transportation encourage the orderly <Icvelnpmcnt of major arterial tit rcc•t~: t„ acc•omc,date trafl~Lc !lows and the signaliz:,l(un ul m:rjor arteries. Pedestrians and bicycle access is to be provided nn arterial and collector strect4. 4. The City Council finds ChaC the Comprehensive Plan Amendment rtxist 1>c in compliance with the various elements <,f the Comprehensive Plan narrative. These elements are as fc,llows; (~) the sc•wcr system element, (b) the water system element, (c) the storm drainage element, (d) [lte transportation element, (e) the housing elen,unt, and (f) the economic clement. 5. 1'he City Council finds that Woodburn's Comprehensive Plan has been acknowledged by the Land Conservation and Development Commission. Nevertheless, the City Council finds that the plan amendmenC must comply with the applicable Statewide Coals and Guidelines. ATTACHMENT II Findings of Denial June 19, 1y84 6. The City Counc i 1 f Inds that there rtxrst be :r pubs is need fur the proposed plan amendment. 7. The City Council finds that to amend the Comprehensive Plan it must be shown [hat the subject parcel. best suits the public need. 8. Tlie City Council finds that to •justify :- comprehensive plan change it must b~ shown that the subject parcel c•:rnnot be suitably used as it is presently designated. C. Applicable Criteria - Zone Change 1. The City Council finds that sections IS :rnd 16 of Che Woodburn Zunir-g Urdin:urcc address zone chan};c prur•udure:;. ' 2. 1'he City Council finds that, spc•c_ific•:rlly, tc, support a zone change the applieant must: (a) show there is a need for the use proposed, (b) show that the particular piece of property in question will meet thn[ need. Section 16.080(b), Woodburn 'Lunlnb Urdlnuncc. I i l . CONCT.US IONS OF 1.AW 1. The City Council concludes that at the present time sufficient commercially designated land exists to accomodate the retail needs of the City. The Council bases this conclusion on evidence in the record and, specifically, nn the land use inventory made part of the record. 2. The City Council concludes that the subject parcel is not located within one oC the three established areas of commercial development as designated in the Comprehensive Plan. 3. Ttre City Council concludes that the proposed commercial element of the subject parcel constitutes strip zoning as it is defined in the Comprehensive Plan. 4. The City Council concludes that a greater amount of "commercial" designated lands with services exists than "industrial" designated lands with services. 'i'hercfor~, commercial development of the subject parcel would violate the Comprehensive Plan policy of development in areas of existln6 facilities first, in that serviced industrial designated land which is limited in amount, would be lost to commercial development when adequate commercial designated land is currently available for development. 5. The City Council concludes that the development of the subject parcel as either commercial or industrial would satisfy the economic element of the Comprehensive flan, however, since adequate commercial designated lands are available, commercial development would violate tl-e policy of protection of industrial lands from encroachment by commercial uses. ° ATTACHMENT II 1'indin};:; of I)c•~~i:rl .June 19, 19ti4 Page $ 6• The City Cr,unc'il rnncludeti that thc• numhcrr „f vc•hiclc' trips per day that would probably be generated by the proposed use, a movie theater and retail establishments with 662 parking spaces, wc,uld viol:rtc• the Comprc:hrnsivc• Pl:ut which stairs that Highway 21~i should be a limited access hi};hway w(th low traffic generating uses. Thr Council further concludes that this additional traffic genera- tion would reyuire signalization on 214 :end Progress Way resulting in disruption of the traffic flow. 7. The City Council concludes tlt:tt cite appl icartt, as a matter of law, must show that under the Comprehensive Plan there is a public need for the proposed change in uses. Sind: retail uses are allowed by land use ordinance to occupy a number of vacant sites already designated for commercial use and since the record re[lects that adrqualc• c•onunc•rc'irrl sitc•ti nrc• av:rilnhlc (s;c•c• land r•rsc• invc•ntnry) the' Cuunctl Iurthcr cuncludc•s that thv :rppllcant did nut carry cite burden of proof in slruwlnl; publ is nc•cd. 8• The City Council concludes that ;tlthough the applicant contended that the subJect parcel provides the best exposure, and t}tat certain of the intended uses require a large amount of exposure to trafCtc, no convincing evidence was introduced to adequately suhtit:rnt intc• thc,vc' titntc•mc•nl:.. 9. The City Council c•oncludcs that th<• applicant. failed to show that the land cannot be suitably used as it is presently designated. Specifically, the applicant failed to show that the land in question could not be suitably used as an inchrtitrfa) use. 1'he Council concludes, based un the record, that :~ substantial number of tndustrial uses can utilize the applicant's site. These are identified in the Woodburn 7.oning Ordinance, Chapter 34, Section 34.010 (A) through (C) and Section 34.030, Conditional Uses (A) through (D), 10. The City Cc,uncil concludes that the npplic:rnt failed to prove that there was <~ mistake made in drafting the Comprehensive Plan. I 1 . 1'Ire City Cuunctl concludes cleat the :rp}>1 Lc:ure failed to bear the burden of showing that conditions in the land use of the area h:rvo ch:ut};c:d lu the c•xtc•nt tlr:rt :r rudc:si};n:rt tun of tha prupurly is necessary. 12. 1'he City Council concludes that the Comprehensive Plan Amendment violates Statewide Planning Coal 2 (land use planning) in that it is inconsistent with the Woodburn Comprehensive Plan for the reasons stated above. 13. The City Council concludes that the Comprehensive Plan Amendment violates Statewide Planning Coal 9 (economy of the state) in that it reduces the supply of industrially designated land available with adequate services. AlUrou};h Lhe proposed development oC the site would possibly be attractive economically for a short time, the Council concludes that the long-term effect would be to reduce the amount of available industrial land and to hamper the economy of the area and the state. ATTACHMENT II NOTICE OF PUBLIC NEARING AFFECTING THIS AREA MAP I ~ ®COMMERCIAL ®MULTI-FAMILY PUBLIC NOTICE PURPOSE OF HEARING: The Woodburn Planning Commission will hold a public hearing to review and possibly amend the City's Com- prehensive Plan and Zoning Districts for properties identified on the above map as Lots (1),(2),(3),(4) and (5). O~nl,~ those properties identified as Lots 1-5 within the "Area of Discussion" will be reviewed for possible land use amendments. FILED BY: City of Woodburn DATE OF HEARING: February 28, 1985 TIME: 7:30 P.M. LOCATION: Council Chambers, City Hall ANY PERSON WISHING TO SPEAK EITHER FOR OR AGAINST THE PROPOSED COMPREHEN- SIVE PLAN MAP AND LAND USE DESIGNATIONS MAY DO SO IN PERSON OR BY ATTORNEY AT THE PUBLIC HEARING. ALSO, WRITTEN COMMENT MAY BE FILED WITH THE SECRET- ARY PRIOR TO THE TIME OF HEARING DATED THIS 15th DAY OF FEBRUARY. FOR FURTHER INFORMATION CONTACT: Woodburn Planning Department, Public Works Department, City Hall, 270 Montgomery St., Woodburn, Oregon 97071, Phone: 982-5246. ATTACHMENT III LETTERS OF PUBLIC RESPONSE Due to the number of written responses to the Public Notice staff has not incorporated them in this packet. This information is provided in a separate package. ATTACHMENT IV CHAPTER 33 IC INDUSTRIAL COMMERCIAL DISTRICT 33.010 Use 33.020 Retail Sales Restricted 33.030 Pollution Authority Approval 33.040 Conditional Uses 33.050 Height 33.060 Rear and Side Yards 33.070 Front Yards 33.080 Open Storage Yards 33.090 Landscaped Yards 33.100 Site Plan Review Required AMENDED ATTACHMENT V CHAPTER 33 - IC INDUSTRIAL COMMERCIAL DISTRICT PAGE 33.1 Section 33.010. Use. Within an IC Industrial Commercial District no building, structure or premises shall be used, enlarged, or designed to be used, erected, structurally altered or enlarged except for one or more of the following uses: (a) Permitted Outright Uses. Industrial Uses: (1) Applicances, office and electrical product equipment manufacture; (2) Food, grain, feed and derivative products processing; (3) Furniture and fixtures manufacture; (4) Leather and leather products manufacture; (5) Metal fabricated products manufacture; (6) Paper and allied products-assembly; (7) Printing, publishing and allied industries; (8) Professional, scientific and controlling equipment manufacture; (9) Rubber and allied products manufacturing; (10) Textile products manufacture; (11) Textiles and apparel manufacture and fabrication of textile products; (12) Textiles and apparels - other facilities; (13) Tobacco processing; (14) Transportation equipment and manufacturing. Section 33.020. Retail Sales Restricted. Retail sales of goods from Industrial manufacturing in 33.010 and 33.040 are restricted to 20% of the gross floor or lot area for retail sales. Section 33.030. Pollution Authority Approval. All uses specified in Section 33.010 and 33.040 shall obtain approval from the Oregon State Department of Environmental Quality and/or the Mid-Willamette Valley Air Pollution Authority before approval by the City. Such approval shall take into consideration air quality, heat, glare, light, sewage and vibration. Section 33.040. Condiitonal Uses. When authorized under the procedure provided for Conditional Uses in this Ordinance, the following uses will be permitted in a IC District: {a) Chemicals, fertilizers, insecticides, paint and allied products manufacturing; (b) Metal fabricated products manufacture; (c) Machinery manufacturing; (d) Metal working shops; (e) Petroleum, petroleum products, provided all storage is under- ground ; (f) Laboratoray-seed and soil testing, research; (g) Motor freight terminal offices; (h) Aircraft maintenance facilities; (i) Bus storage and maintenance facilities (charter, local, highway, school); (j) Freight forwarding facilities; (k) Loading docks; ATTACHMENT V CHAPTER 33 - IC INDUSTRIAL COMMERCIAL DISTRICT PAGE 33.2 (1) Wood and lumber products processings, manufacture and storage; (m) Farm tractors and equipment; (n) Laboratory equipment; (o) Boat manufacature; (p) Bottling company; (q) Tire manufacture. Section 33.050. Height• In an IC District, no building or structure shall exceed 45 feet. Section 33.060. Rear and Side Yards. There shall be a.rear and side yard on every lot in an IC District, which rear and side yard have a minimum depth of ten feet. The minimum depth shall be increased one foot for each additional foot of building height above ten feet, except a rear or side yard is not required adjacent to a railroad right-of-way, siding or spur track; provided, however, any rear or side yard provided adjacent to a street shall have a minimum depth of 20 feet. Section 33.070. Front Yards. There shall be a front yard on every lot in an IC District, which front yard shall have a minimum depth of 20 feet. Section 33.080. Open Storage Yards. (a) All yard areas, exclusive of those required to landscaped as provided in Section 33.090, may be used for parking, materials, and equipment storage yards, or areas as may be used for the purposes permitted in the IC District provided such yard areas is enclosed with a fence or wall placed at an height of seven feet. Any fence, wall or hedge may be located on the property line except it may not enclose landscaped yards, as setforth in Section 33.090. (b) The surface of such area shall be paved or gravelled and maintained at all times in a dust-free condition; except, that all automobile and truck parking and loading areas shall be paved, as provided in Chapter 10. (c) Any lighting maintained in conjunction with material and equipment storage areas shall be so oriented as to not shine on or reflect into abutting proerties or streets. Section 33.090. Landscaped Yards. Any yard provided adjacent to a street, and the adjacent unimproved right-of-way shall be landscaped, but in no case shall it be required to landscape more than 30 feet from the nearest edge of the existing improvement in the street right-of-way. Section 33.100. Site Plan Review Required. Site Plan Review shall be required for all buildings, structures, or premises used, arranged or designed to be used, erected, structurally altered or enlarged in accord- ance with the provisions of Chapter 11. ATTACHMENT V CHAPTER 33 - IC INDUSTRIAL COMMERCIAL DISTRICT PAGE 33.3 E R :--- a [ 4v( ' _ ~. ~ •~ I(~I( ICI I T` ' ~ _~ T .i ~/ ~ by ' . '» ~ v' ._ C p Z .r "~ ~ v __ C ~.. R M m ~ ~_ _ fl AAA < ~ •' ~ ' ~ ~ J~ 1 ~ ~ ~ r D n r ' ~~ ~ ~ ~~ ~ 1 h ~~ KANWI AC ~n- - v ' ~~~ 1 » .. /~ 6j ie r 0 ' ~ ~ ' ~ , ~ J ///~. ~ ~ '~ti. I'~ ~•: a: Y 'ti„~ ~ ~ \ f 7. ~~ . f ~: i ~. ' c -- o0 a z ~~ 0 ~~ W 0 ' c v a -c _. •~ 7,~ \ ;~, H • ~ ~\ ~. N ~ ~• ~~ ~~.~ ` ~ ^ l O \ •. \• ``. \ .... .. ~% •~O / ~C~ ~J J /~ r ~ z v ~ -v ~~ ~~ ~ m :m m v z ,~' v_' - m ~ v - ~!a ~ z " :. ~ ~ m •a • •o -n :v +n can Z--~ ~~ z • • • ~ 1 1 i -~ < m (~ c~ ~ t7 ~N p O O R .~c = .3 '~ ~--- , ~ .. ~ ~ ~ ~ ~ ~ r- ~ -- m =~ z :_ ~ :a -n ,~ ~ m ~ o ~ a. ~...~ ~ ,~ r ~ ` / ,,~ r= ~ ti ,,,~ " • ~ .~ ~j ~p ~~ ' .c d i 1 n C7 ~~ ~~ m z z 'Z ~ a ~.~ N v v v _ c c c or v N N N m ~ -~ t z ~ ~ ~ .,~ H _ i _ a a a ; r r v n ... 'U ~ ~- 1 ,y~ r- "'~ ~ m v m ~ , x N ~ -~ n ~ r ~ ! t) -i .;a ~ ~ ~~ ~ _ t ~~ w.# ~ Y r b ~ ~ C C ~ ~~~ N W W r- ~ O r ,r `~ ,~ z n ,n c ~ ; . ~ m ,a ~ ~ `~ ~ c x D~I~I~I RM .~ ~~ ..- .---- a r i~ ,, o i i~ ~ ~, ;,' v ~~ ~~ ~" • JRR 111,lR AR wI. ~fA n 0 v ., ... ... , ,~ +' Jr ~c .~ ~N ~ O %~ z . `Z / ~ ~ \ i C~ n ~ ^~ n ~ O r. n 0 ,,,~ n m "' ~ m \a, ~ m ~ m ~ ~ W a o z z v v ~ a "' ~ n ~ m m a -~ z ~ I ~ ~ ~ ~~ ti ~ c v ~ a ao ~ ~ Z~ (fh o ~ "°• "' o ~ ~ a I = r v ! O • C i 2 v a m n \ ~ -- e ~ r \\ i a ,~ ~`., • m ~ : a e o m ~~~ --~-~-- --------- y ~ _N ---- e O ~ z N • • e • • •eeeeeeeeeeeeeee• • I i ~` ~ C/~ 1~~ "` Z I v ~'1` r' ~ m f ,11t1R~n(,ntA1~ ;, k I _ r //~~~~ 'A ~ ~ _.__ .~; VJ VJ I ~ K AVC " ~ ~ O (min' ~ ~ -I T`- Z7. ..D _ ~ ~ \~' ~'~ ~ ~o T Tmm I D ~ v ~' ~ ~IAI/ Nh , n, I I ~~ ~ ~ I A , s < m^or__r- ,,, ~ I d ^~Z.~ ~ ~ i _...... __. O ~ ~ { sor AlC7fANOR AC --~ ^ a q~ / ;zr ; i ~ ~ ,C ~ I Sr; ~ ` 9~. ' ~ A<' @ ~ ~'\4 i ~ I 711 ~ y C +,iMM1MNININ,H,,,,,1,,,,,H,,,MIN ( ` % / ~ ~ S,, i i i N ~ i ~.' ~~ ? 1 s .;.. , ,.. ~ a I 1,..,,«.««,1,1,,,. ~ A ~ 1 ~ s , ~~ I .~, c ~ --~+' 1 -~ C __~ \ ~, I , / ,• I , \ ~ ,/ , I ^ / f ~ ~~ I n ~ .,,,..., C7 ~ ~ ~ = ~' ~ I ~ ~ ~ / \ ~ ~~` I ~ ~7 . I ~ ~ \ ~\ • ~ .~ \ ~ ~ ~ D ~ '~ \ \ \ / E, c " \ \ / ryf I ~<r O I ~\ a \ 4 ,0 a r ~71_I_ \ I ~, ~ .. -r ~. y ~.~ o - m q ~ a °•o z z v ~ ~ ~ I = N I I h f l ~ ~ _ ~ ~ r•- L - •.,........w ~ ~ •-- ~ O e 1 Z7 -p ~ ___._. ~~~ ~ i ~ ~ \ ~ ~ ,, ~ ~ ~ o i ~ ~ o 1 '- . ... ~ C A M ~ ~ n n I ~~ ~ ~ o . 9 ~~ ~' ~ ffI m b '~ _ A (~ e~ - v / ~ ~ a ~ r.. 1 ~ ~' ~ ~ ~ ~ ~\ ~i o:: e ,~ L~ r t E ~ •' ':~ -. \ ~ ,~.; .. .,. ;,~ ~-,~ ~ ~. i e ~ ~. • ~, '~ _ j ~ '~ I n / `• z coo( ~ f -'` !~ ~ Q :U 'o~ O ~ ~ ~~ I w ~ o c . z ~ v U' ' ~ o a 7 V Z ~i ® /J1J ~ m ,~n m 0 0 'z 1 V ~ ~~ ~, VV~. m ~ ~ -t a z .- ~~~ ~, ~' ~ .• `~-,~ r • ~ cr • .. r, ~ _ _ _ ~ . m • n .o . ~, v N n ~, Z--+~ _~ O - • Z . ................ . ~ r ~ ~~ =~ a ~ O m n ti n ~_ cn p O O ••c ~ ~ , ~ .. 2 m m m ~ t '" ~ -i ~J ~ ~ ~ i D n n n .. r ~ > > _ z ~ ~~ ~ ~ m n .o^ v y, --~~ 3 f ~ ~ ~ ti •~ d m z z z y v v v v aci ~ N ~ z ~ ~ ~ ; '' ~ D ~ 1' f 1' ` 1 r Q > o ~~~ v m ~ ~ ~ n x °- v n ~ '~ -~ ~' ~ ! ~ n -~ _~ a ; r ~ T c c ; ~°r N W GO ~ . O r r' -1 ~ ,i Z n n O '!~ z ~ D i ~ A m ~ c ~o c \ ~ r.; .., N --~ .,. m ~ ~ ~ c / m n ~ _. z o z w / z ~ N Z_._._,~ ~o n ,.~ ~ Z O m ~ ~ A ~ D ~ 2 O r- W _ O • C 2 v ~ n ~lililil~i~~~ -:~..~,,,..::~ ~__ ~1_; ~ 0 s • • • • • \`-r • ~. A f1 ..., t 4 \ i i ;` O 1~ :' `o ~ ~ ss\\` ~ I / \('~ C+~ \ ~` ... r ~o o .y • f ~ ~ __ t,~ , '' . l ~ ~~~ a 9 -- - - ~ ---.--_.__ ;o -r~,~ ' ~ a ,~ =i xn ~ ~ --•-- ~ z ~ \~ ~ ~ • • • ................. . /. .: ,. r =~ /a ~, ~jf v i~ / 'Z ~i d ~~ J / CRAIG 0. LUEDEMAN MARION COUNTY Director Planning 588-5038 Building Inspection 588-5147 DEPT. OF ENVIRONMENTAL SERVICES Risk Management 588-5294 Senator Building • 220 High Street NE • Second Floor • Salem, Oregon 97301-3670 Steve Goeckritz Planning Department City Hall 270 T•iontgomery ?Joodburn, Oregon 97071 Dear ~ir. Goeckritz I have reviewed the discussion paper (C.P. & Z.C. 85-01) with the County Planning Staff. The properties are within the Urban Growth Boundary and are currently designated Urban in the Tiarion County Comprehensive Plan and zoned CR (Commercial Retail) and EFU (Exclusive farm L'se). Your proposal is to redesignate the area identified as Lot 2 from Commercial to Industrial in the Woodburn Comprehensive Plan. Our only concern in this case is that adequate findings are developed to justify the changes and that the proposal be processed in accordance with our existing L'rban Growth Boundary and Policy Agreements. Thank you for the opportunity to comment. If I can be of assistance, contact me. Respectfully, .~~~~m G2~.~~ Sterling ~Knderson Associate Plar>t~, ~A n~"''- Craig`ye . Luedeman Director of Environmental Services ATTACHMENT IV To: Planning Commission From: Bagley, Johnson, ffammond Trust - Ray W. Johnson, Trustee rate: April 1985 Subj: Industrial Commercial Zone Late in April of last year I talked to your planner in his office, regarding a problem and solution offered here for your consideration. "Commercial" is defined as "of or relating to commerce; quantities and or qualities suitable for commerce." "Commerce; the exchange or buying and selling of commodities - - -" quotes from D+, lVehster. Chapter 33 of the ?.oning ordinance, I(' Zone is the only chapter in the ordinance that states "Petail Sales Prohibited." Chapter 22, 24, 25, 2b, residential, and Chapter 28- Ep, are districts which are usually con- sidered as prohibiting retail sales but they all allow for the sale of outdoor plants. The IC Zone does not. The owners, the trust, were not a party to the choice of IC Zone. A sale to an automobile agency resulted in the buyers obtaining approval to conduct an auto- mobile agency business at this location. The trust has tried to accept the IC district designation, trusinR the word "commercial" was to he applied in a literal sense. Because IP district provides for farm machinery sales and service, Perhaps automobile agencies should have been inserted there rather than in IC. It has been recommended by your staf~, that the only other IC district in the city he rezoned C~. Therefore, the highway frontage~at the industrial par)' could he the only property effected by the proposed rewording of chapter 33, Woodburn Zoninl; ordinance. An opportunity exists that will provide for outside sales of goods not normally associated with pedestrian traffic. It is also an opportunity to provide for marketing of goods and services that are known to be abrasive to adjacent residences. A copy of our suggested wordinl;, slightly anmended from our ~'ay 11, 19.44 wording accompanies this request. ~/~~~,~~~ ATTACHMENT IV r'' at. ~;: r~ ---- ---- WO~~BUR.N Zf1NING OP~INANCfi CHAPTFP. 33 IC INRt~STRIAL COA~N'FFf;IAI. HISTRI('T 33.~)lp. lase 33.p!2~1, Retail Sales-prehihiEed- Nestrictcd 33,p13~. Pollution Authority Approval 33,A4p, Conditional uses 33,j~Spl, Optional Business 33.pJ6j~, t{ci~ht 33.~7pJ, Rear and Side Yards 33,~l8~, Front Yards 33,p9pf, Open Storage Yards 33.lyl~f, I.anclscaped Yards 33, llj~, Site Plan Review ('.equired ATTACHMENT IV ~' i W(lOpf3l'f'.N ZONI~;C rf'OINANCF. Section 33.p11p1. I's e. Within an IC Industrial Commercial district no building, structure or promises shall be used, enlarged, or designed to he used, erected, structurally altered or enlarged except for'one or more of the following uses: (a) An use permitted under Sections 28.010 ~, 2R~010 ~, 30.010 (g) f, 31.010 (b) -- _ '-"' '- (b) Industrial uses: (1) Appliances, office and electrical product equipment manufacture; (Z) Food, grain, feed and derivative products processing;; (3) Furniture and fixtures manufacture; (4) Leather and leather products manufacture; (S) pletal fabricated products manufacture; (6) Paper and allied products-assembly; (7) Printing, publishing and allied industries; (8) Professional, scientific and controlling equipment manufacture; (9) Rubber and allied products manufacturing; (10) Textile products manufacture; (11) Textiles and apparel manufacture and fabri- cation of textile products; (12) Textiles and apparels - other facilities; (13) Tobacco processing; (14) Transportation equipment and manufacturing. Section 33.pJ2~. Detail Sales-PrehiHited-Pestricted. Fetail sales to the genera pu is are-rre : :tee'-in=an-~F=Pistriet restricted to non- edestrian related goods as listed in section 33-03Q f,-3~,Zf'1T(b)-'Section 3'~.'~3~.- T~oTlution Auihorit- A -royal- -A 1-uses specified in cc~t o -~33.r!10 an or ection 34.020 and 34.030 or Section 35.010 and 35.030 shall obtain approval from the Oregon State nepartment of iinvironmental duality and/or the P'id-1•lillamettc Valley Air Pollution Authority before approval by the City. Such approval shall take into consideration air quality, heat, glare,, light, noise, sewage and vibration. Section 33.040. ('onditional Uses. 19hen authorized under the procedure prove a or on itional I!ses in this Ordinance, the following uses will be permitted in a IC nistrict: (a) Chemicals, fertilizers, insecticides, paint and allied products manufacturing; (h) Machinery manufacturing; (c) Metal working shops; (d) Petroleum, petroleum products, Provided all storage is underground; ATTACHMENT IV C;IfAPTI:R 33 - I(' I~'f~USTP.IAL CnMMFRrIA!. f ISTPIrT f~~(;E Z~ ~ r (PROP(1SF.p NEW) Section 33.050. ~ tional Business. The following use s• will be permitted in a is t' rict as ortional businesses I provided they are sited on property that: 1. Fronts on an arterial street as designated in the Woodburn Comprehensive Plan, and 2. is not contiguous with, nor directly across a street from any property designate for use as any I of the P.-Districts provided for in chapters 22,23, 24,25,26,27 or a Planned Unit Development per I chapter 21. (a) The sale of automobiles, trucks, trailors, recre- ation vehicles and boats when these special con- dition are complied with, to-wit: 1. The lot is paved with a hard surface equal to I asphaltic concrete. 2. All repair wort: is conducted within enclosed I huildings, 3. All vehicles in need of repair for physical damage stored outside must have assigned areas I solidly screened from view, ~ (h) 1'obile home sales. J ~(c) Wholesale and retail sales of materials of con- struction such as lumber, masonry, pipe and builders hardware, but not general hardware retail stores handling household goods and sporting goods. (d) Wholesale and retail sales of farm supplies such as feed, seed, fertilizer, grain and related supplies, (e) Wholesale and retail sale of landscape and nurser supplies such as hulk mulching materials, timhersy railroad ties, containers and chemicals. (f) Wholesale and retail sale and manufactering of monuments, gravestones and cast concrete landscape statuary, Section 33.060, !{~ei_~_ht, In an IC nistrict, no building or structure shall exceed 45 feet, ATTACHMENT IV h:X}i 1 fi I T "A" F'II\U1tiCS OF U1•:NlAi. I. Nr\TURf: OF f'kOCh;EDINCS On Marclr Z2, 1984, the Woodburn Yi:rnniny; Commission held a puhlis hearing and took testimony on Comprchcnsivc• Plan :rnd 7.onc Chani;e Case Nu. 84-01. On April S, 1984, the Planning Commission adopted finclin);s of approval in this case. At lhc° appl i<•:rnt':; rc•ciuc•::t :r dc• n~wr> prrhl it hr:rrini; w:r:: hc•Id hc•(orc the Woodburn City Council un April 23, 1984. "fh~ public hearin}; wars ~~I~~tic•cl :urcl thc• Cc~un~•il :rrl,•~I, by m~~t ism, r.. ~lir•c•c•r ::ruff In drnfr prc,pnt;c•d Iindtngs of approval for its review and discussion :rt the Council's May 14, 19$4, meeting. 'i'hc matter was, by motion, continued by thc• Woodburn City Council .rt itti May 14, 1984, mec•tini;. At the following Council meeting, on .June !1, 1984, the Council was presented with Council Bill No. 792, a proposed ordinance approving thr appl ic:rtion in Cumprc•hentiive Plan :uul %onc• Ch:rns;c: (vatic No. 84-01 ccrrcl ju::ti(ying tiaid :rppruv:rl wilh f Indinl;:; of f:rc•t :rnd conclusions of law, whereupon Council Bill No. 792 failed. 1'he Council had additional discussion of the testimony previously pre°sented and acted, by mot. ion, to d i rc°ce tho st:rf f lu prc•p:rre f ind in};:: of denial fur Its review at the Counrfl mec[in}; of .lone 25, 1984. Ii. FINDINGS OF FACT A. EdretS 1. The Cacts concerninf; this appl ic:rtion are contained in the pub.1 is test imony h~ar<I before thc• Woodburn (:i ly Counc~ i 1 on April 23, 1984, including, but not limited to, the staff repocC with attachments which wars introduced into Chat record at the time of the hearing. 2. The subject parcel contains approximately l0 acres of undeveloped real property lying; on the northeast corner <,f thc° interst`ction of State Highway 'L 14 (Mt. Hood Avenue) and Progress Way, in [he City of Woodburn, Marion County, Ore°y;on. 3. The subject parcel is bordered on Che north by a certified public accountant's office and a mini-sCorage facility, orr the west, across Progress Way, by the Portland General Electric Woodburn District Center, and on the east by a commercial complex, including Family Federal Savinl;s and T.oan Association, Shari's Restaurant, Payless DruK:;tore and Safeway Grocery Store. ATTACHMENT II h'indings vi 1)cni:cl June 19, 19134 Page 2 4. The subject parcel has been designated on Wondburn's Comprehensive flan *fap :r~ lnduseri:+l and isr.onec! 11' in accordance therc;with. It has been included by indent ificatic~n in the Woodburn Industrial Park, and is at the present time undeveloped. S. The applicant's request that the City of Woodburn amend its Comprchc•nsive PJan M:+p frnm inclustrinl to Commcrcinl use :+nd amend chc present Woodburn Zoning Orclin:+nce from !P (Industrial Park) c!ltitrlct to c;C (t;ommctrcl:+l t:onc•r:cl) <li,;trlc•t. B. Applicable Criceria -Comprehensive Plan Amendment 1. '1'h+• City t;uunrl l f inclti thnl pnr:+};r:+pl+ IX of Volcrmc• I of thc• 19K1 C~+mprehan;cive i'l:rn of the Cily of Wix,clburn t.et~: forth the ,;ub::t:+ntivc• <•riteria which rrn+tit hc~ v>:t:+bl i~:hed to justify nn nnu•n+lrn+•rrl t+• lir~• t:~~url+r+•I+c•nrrlvc• I'Inn. A l+l:+rr +•Irn-r~;+• nMrr.t I+~• .justified by the introduction by pet itinnars of a Solid hc,dy of uvl+Ic~ni:c~ tilruwln~;: (:r) that lhc• :nnc•nclmc•nt ix In compl inncc with' the: bouts and pulicic:rt vl the: Comprehensive flan narrative; and (b) that the amendment is in compliance with the various elements of Ctte Comprehensive Plan narrative; and (c) that the amendment is in compliance with the St:stewide Goals and Guidel ine:+; :+nd (d) that thc~rc~ Is n puhl !c Hoed for l'hc• change; and (e) that chc land best suit:; that public need; and (f) that the land cannot be suitably used a5 it is presently designated. 2. Ttte City Council finds that a Comprehensive Plan amendment may also be justified by a determination that either: (a) a mistake was made in thr <Irafting of t.ire origin:+l pl:rrt; nr (h) cc,nditiorts have changed which would justify a redesignaCion of a particular parcel.. 3. The Comprehensive Plan lists, on page SI of Volume 1, six criteria which must be addressed to justify a comprehensive plan amendment. These criteria c:onstituCe the City's goals and policies and are as follows: (a) Policies fc,r Tndustrial Lnnd il:;e Those policies denlinfi with industrial land u5r. a5 !;at forth on pages 25 and 2G of Volume 1 of the Comprehensive P1<-cet narrative, advocate industry wit,ltin ttte city of Woodburn, which will provide a healthy job market in a location whic}t will provide ease of access and which will zooid environmental d;+nrers. Attention is to be given to the visual impact of industrial development upon artcPrial streets, by the appropriate rise of buffers. The industrial park concept is favored and attention is to be given to av~aid commercial encroachment on industrial land, whic'~~ might ei'~.her cause the price of industrial ',lands to increase o•r: result in traffic generation problems which would interfere eoith the u;se of adjoining industri.zl land. ATTACHMENT II ~t l~indinfis of Ucnla] .lone 19, 19ti4 Page 3 (b) I'ul ic•ic•s for Commercial Land Ucyclcrj,ment Tl,e CitY's policies for commercial land develul,ment arc f on pages 24 aid 25 of Volume 1 of the Woodburn Com uund Plan, Policy 1 states that "the City should, at ~Plchenslve hive sufficient land [o accomadate the retail needs ufimes, and the surrc,unding market arr:,. •t•trc, (; i t the City ma•jur curn,nc•rcial areas: 99E, 1_5 Y 1 rescntl arc•:,," intcrch;,n~;e, and Y Ir:rs three the downtown Po]icY 2 states that "lands for high traffic should be located on well-improved artcrials•f,«ntratin• f, U S (: S Pr~vldc [Ire necess;,ry traffic control devices nee ledses should their impact on thc• arterial street::." Co amtlforatc Policy 3 states that most unproductive formsoflcommercfalshandddevcloSm~ur.,ged ,t., :r Possible, the City should encourag` ur require cU~crcialhenever developments which are designed to :,Iluw without relying on private Automobiles topco`from~ISl,otu ::1,"1, Commercial developments or commercial develo ment which require the use of Che P tO shop. courabed. private automobile shrlltbendis- (_c) Polictc:• •rnd ('u•rls for Trrnti urt:,tion Woodburn's goals and forth on Policies regardinK transportation pages 29 :rnd 30 of Volume I of Woodburn's Comprehensive Plan. The City's goal is "to of. circulation within Provide for a safe, efficient means ~>f goods ur the city, and to provide for safe persons moving, through the city." transport The City's policies w ordcrl ith regard to transportation encoura•• Y devclnpmc•nt of major ;arterial tit rec•ts bc- ehc tcafflc flaws and the signaliz:,ti~n <,f tc' acc•umc,datc and bicycle access is to be m•~Jur :,rtcrtes. Provided on arterial t'edestrlans streets, and collector 4• The City Council finds he in complf:urcc with theavarirou~c~c~lc,mhntyty( Pl:rn Amendment Plan narrative, Host These elements arc thc• Cumprchen~:ive system element, as follows: (a) the sewer drains c (b) the water system element, (c) the storm $ element, (d) [tie transportation element, (c the Iruusing clement. and (C) the economic element. ) 5• The City Council finds that Woodburn's Comprehensive Plan ha acknowledged by the Land Conservation :rnd Development Commission. Nevertheless. the Cit s been tom 1 Y Council finds that the plan :imendmcnt must P Y with the applicable Statewide Coals and Guidelines, ATTACHMENT II e NOTICE OF PUBLIC HEARING AFFECTING THIS AREA t\AAD I ~//~{ INDUSTRIAL ~/®~ COMMERCIAL ` ®MULTI-FAMILY PUBLIC NOTICE PURPOSE OF NEARING: The Woodburn Planning Commission will hold a public hearing to review and possibly amend the City's Com- prehensive Plan and Zoning Districts for properties identified on the above map as Lots (1),(2),(3),(4) and (5). On~l those properties identified as Lots 1-5 within the "Area of Discussion" will be reviewed for possible land use amendments. FILED BY: City of Woodburn DATE OF HEARING: February 28, 1985 TIME: 7:30 P.M. LOCATION: Council Chambers, City Hall ANY PERSON WISHING TO SPEAK EITHER FOR OR AGAINST THE PROPOSED COh1PREHEN- SIVE PLAN MAP AND LAND USE DESIGNATIONS MAY DO SO IN PERSON OR BY ATTORNEY AT THE PUBLIC NEARING. ALSO, WRITTEN COMMENT MAY BE FILED WITH THE SECRET- ARY PRIOR TO THE TIME OF NEARING DATED THIS 15th DAY OF FEBRUARY. FOR FURTHER INFORMATION CONTACT: Woodburn Planning Department, Public Works Department, City Hall, 270 Montgomery St., Woodburn, Oregon 97071, Phone: 982-5246. ATTACHMENT III LETTERS OF PUBLIC RESPONSE Due to the number of written responses to the Public Notice staff has not incorporated them in this packet. This information is provided in a separate package. ATTACHMENT IV z CHAPTER 33 IC INDUSTRIAL COMMERCIAL DISTRICT 33.010 Use 33.020 Retail Sales Restricted 33.030 Pollution Authority Approval 33.040 Conditional Uses 33.050 Height 33.060 Rear and Side Yards 33.070 Front Yards 33.080 Open Storage Yards 33.090 Landscaped Yards 33.100 Site Plan Review Required AMENDED ATTACHMENT V CHAPTER 33 - IC IN©USTRIAL C®MMERCIAL DISTRICT PAGE 33.1 Section 33.010. Use. Within an IC Industrial Commercial District no building, structure or premises shall be used, enlarged, or designed to be used, erected, structurally altered or enlarged except for one or more of the following uses: (a) Permitted Outright Uses. Industrial Uses: (1) Applicances, office and electrical product equipment manufacture; (2) Food, grain, feed and derivative products processing; (3) Furniture and fixtures manufacture; ~° (4) Leather and leather products manufacture; (5) Metal fabricated products manufacture; (6) Paper and allied products-assembly; (7) Printing, publishing and allied industries; (8) Professional, scientific and controlling equipment manufacture; (g) Rubber and allied products manufacturing; (10) Textile products manufacture; (11) Textiles and apparel manufacture and fabrication of textile products; (12) Textiles and apparels - other facilities; (13) Tobacco processing; (14) Transportation equipment and manufacturing. Section 33.020. Retail Sales Restricted. Retail sales of goods from Industrial manufacturing in 33.010 and 33.040 are restricted to 20~ of the gross floor or lot area for retail sales. Section 33.030. Pollution Authority Approval. All uses specified in Section 33.010 and 33.040 shall obtain approval from the Oregon State Department of Environmental Quality and/or the Mid-Willamette Valley Air Pollution Authority before approval by the City. Such approval shall take into consideration air quality, heat, glare, light, sewage and vibration. Section 33.040. Condiitonal Uses. When authorized under the procedure provided for Conditional Uses in this Ordinance, the following uses will be permitted in a IC District: (a) Chemicals, fertilizers, insecticides, paint and allied products (b) (c) (d) (e) (f) (g) (h) (i) (J) (k) manufacturing; Metal fabricated products manufacture; Machinery manufacturing; Metal working shops; Petroleum, petroleum products, provided all storage is under- ground; Laboratoray-seed and soil testing, research; Motor freight terminal offices; Aircraft maintenance facilities; Bus storage and maintenance facilities school); Freight forwarding facilities; Loading docks; (charter, local, highway, ATTACHMENT V CHAPTER 33 - IC INDUSTRIAL COMMERCIAL DISTRICT PAGE 33.2 O • n ~Li" L... ~1. • • O O ~ it ( ' .. ~ ~ ~ ~ t o \ , i ~\ .. N ~ =i ~ ~ ~ i D ~ Cn _ n ~ ~ ..~ I >__ r ~, a > _ r.. r r -" A M ~ i ,. -~ Z -'1 'ff - ~ ~,,. .. .. rn n .o ~ ....~o,.c O . °c ~ r ~~ / ~ ~ ~ ~ ~ ~ n C7 ~ .. 4. m Z Z Z O ~i ~~ ~ \r ~m to c c c ~ y ,' `O ~ Z ~ ~ 70 ~ \ ..a / • .~ D' r r r ~ ~ ~ , G7 r '~ ~ ~ ~ x _ • •~ cn n ~ C7 ~ r ~ ~ ~ ~ ~ ~ ` ~~ ..~ ~ ~ ~ C . ~` C ~~ N y CA. ; ~ O ~ r -~ ,~ ~,,, Z t!a a ~ ~ •~' • ~i ~ i Q m ~ .~ to ~ rn '~ ~ ~' ~•• ( ~~., "' i a ~ .a .~ ~ ~ \ Z ~ m Z ~ a'n v rn N o~ •o = a ~ v ~ '` a m "~ rn Z O ~ ._~_ 'O '~ ~ Z a ~ y = ~ ~ O ~"' ~ ~ -~ Z O N ~ ~ • C • • Z .._.- - -._- ~ I D ~~ ~.~.~ 1.~ ~` iii s ,~~ ~ ~ ,_ ~- ® ~ _ ~ ~ Z µ Cn .~ ~ ~ _ 3 '~ _ _ a s r ~ r„ ,off 1 1 / 1~ v l ti ~ ,•CT) ~ ~ ~ ^ /y~~ r sl ' ~ (' ~ ~, ~• ~.,~, r, .k~, 1 r41 /, ' I ~``. a Y • '~ r~ ~ y ~ ~ .~ c -- ~, a 2 0 y. ' W. O C v r a 1~ 7~1 \ ~.~, ;'~_~ ~~~\ ~ •~ \ '~ ~\ ~~~ ._ -1 \ -t , I O 0 0 f -~ ~- a z v ~ . ~ %~ ~ /m m v , z ~- m ~ ~ a 'Z7 z - _ v, ~ 1-~ -~•~ m 0 v ti n N Z A (/) ~- N~ P~ f~ f1 ~ z _ I • • • • ~ A V 'A T f ~ \ / VJ ~ K AvE ~ , I ~ ~~mm ( D ~ a ~ ~~prr- ,.. ~ , d° /1 ~ Z Z ~- ~ tl AAA l RM ~ ---------~~ , Z~ < O Y - i~ ~ ' ~~ r A~ XARDRAC n ~j~, 4~ Z ' ~ I ` I r~ ~ ~ ~i ` ~ of ~~ I I n `~ I ' , y~ JNUIM~UHIO~Uq~pppp1011N111 ~ ~ ~ ^r fr R c ~ I I / \ / ~ ~ rr I ~ ^ I ( i N ~ I ~. a 0 = r I ~r I z ,, . ~ `~ ~ _ ~ ~ C , ~ I _~ ~ ~ h+ ~~ _.--.~ C ' ~ i I .tom .,,4 \ / ~ ~ \ rO ~ I S ^ / r / , I ,I N~hI \ I I ~ ~ \ ~ I ~ ,~ ~\ • C ~ ~ - '~ *~, ~ `) \ ~ /~ v ,~ ~ . w,,,~.,. ~` \ ~iy ~ ~ .F I ~,~ I \\\ / m 4~ ~N \ 1 / .,~ ~ R ~ - W qo C a ~o Z Z C ~ ~ ~ I ~ O T N I i n I. EXISTING LAND USE DESIGNATIONS: A) COMPREHENSIVE PLAN LAND USE MAP The Comprehensive Plan Map provides for broad generalized land use descriptions. On Map I three land use designa- tions are identified. Those being Industrial, Commercial and Multi-Family Residential. Within the confines of these map designations there exists a level of uniformity in land uses that relate to that particular designation. For example, shopping centers are allowed in only Commercial designated areas. B) ZONING MAP DESIGNATIONS AND USES The Zoning Map is subordinate .to the Comprehensive Plan Map. For instance, where the Comprehensive Plan Land Use Map identi- fies property for Industrial use the Zoning Map provides a more detailed description of land uses. A Comprehensive Map desig- nation of Industrial means the zoning map must identify it as either an Industrial Park District (IP), Industrial Light Dis- trict (IL), Industrial-High Technology District (IH) or Industrial Commercial District (IC). Therefore the two land use maps main- tain similarity. To change the Zoning Map to reflect another land use such as Commercial would result in a land use designation con- flict between the two maps. As a point of law this is not per- missible. In other words any zone map amendment will have to reflect the Comprehensive Plan Maps designation. To further complicate this any Comprehensive Plan Map and/or Zone Map changes must comply with the written documentation in the City's Comprehensive Plan. This compatibility of the documents becomes germain when evalu- ating land use changes and will have to be an important factor when reviewing land use designations brought up in this discussion paper. II. COMPREHENSIVE PLAN GOALS/POLICIES: The Planning Staff in proposing a review of the land use desig- nations in the discussion area (Pap I) has compiled a list of goals, policies and objectives from the Comprehensive Plan that will have to be reviewed and/or possibly amended if any land use designation changes are made. It is imperative, as stated pre- - viously, that all the written goals, policies and objectives coincide with the land use planning maps. The following statements from the Comprehensive Plan Volume I, in Planning staff's opinion, are those that would have the most impact on any map amendments in the area of discussion. Depend- ing on the wishes of the Commission or Council these goals and policies may or may not have to be amended to remain compatible with the potential land use map revisions. CHAPTER I DISCUSSION PAPER COMPREHENSIVE PLAN AMENDMENTS INTRODUCTION: The City of Woodburn's Comprehensive Plan was developed during the period from December 1976 through March 1981. In June 1981 the Land Conservation and Development Commission acknowledged the City's Plan as being in compliance with the State Wide Planning Goals. This plan is intended to guide the development of Woodburn for the next 20 years. However the Planning process is continuous for no plan can foresee all the technological, economic and social changes that could occur in this time frame that can have affect on reshaping~`a community. Therefore from time to time changes in the plan are necessary but these changes have to be justified by a solid body of evidence to substanti- ate the change(s) and maintain compliance with the State and Local Land Use Laws. Since working with the existing Comprehensive Land Use Plan adopted in 1981 the Planning staff, Commission and City Council have been constantly approached to amend the Land Use Designation, in particular, in one area of our City. That being the intersection properties adjoining State Highway 214/211 and 99E. An area outlined on Map I~ Examples of pro- posed changes range from changing Industrial and Multi-Family Residential designated zoned lands to Commercial and broadening Industrial Commercially zoned lands to include more Cor~nercial activities while chancing Commercial properties to Industrial. This wide range of proposals Policies and Zoning Districts Because of the controversy that continually arises staff to provide the Commission and Council a land use analysis with suggestions on how these conflicts may be resolved. has caused conflict with a Comprehensive Plan, that run counter to those suggestions. feels obligated of this area It should be kept in mind however, that whatever action is taken, if any, by the Council and Commission, sound land use findings must be developed to substantiate any amendments. Highway 99E, on the other hand, is approximately 150 acres of land spread out on the highway almost from city limits to city limits as a commercial strip. While the commercial area is more than 1.6 miles long it is no more than 400 feet deep at its deepest and in some cases less than 100 feet deep. Although much of this commercial land use began in the County prior to zoning, the City until recent years has not taken any measures to stop the spread of strip commercial development. Because of this, Highway 99E with its many driveways and intense traffic flows is one of the worst traffic problems in the City. (Volume I, Pg.12, Para. 2) B) INDUSTRIAL GOALS, POLICIES AND STATEMENTS Industrial land should be located so as to insure that road transportation and secondarily, rail transportation is available to the industrial areas. (Volume I, Pg. 25, Item C-2). Industrial lands should be protected from encroachment by commercial or other uses which will either increase the price of industrial land or cause traffic generation which will interfere with the normal industrial practices. (Volume I, Pg.26, Item C-8). Automobile Transportation - Transportation on arterials shall be safe, orderly and efficient. Arterial streets are to be of sufficient width to accommodate traffic flows without interruption. Intersections on arterials should have the proper safety control devices to insure an effi- cient and safe flow of traffic. (Volume I, Pg. 29, Item I-2). The Industrial Park area was really the beginning of Wood- burn's industrial expansion in the 1970's. It has been very successful and now covers a large amount of land bet- ween the Southern Pacific Railroad and Highway 99E North of State Highway 214. However, as of the writing of this Plan almost all of the developable land has either been sold to industries which intend to locate in Woodburn or is under development. There are approximately 17 acres left which have not been sold to industrial developers. It is expected that in the next two to three years the remainder of the industrial land in the Woodburn Industrial Park area will be used for industrial development. This area should be maintained throughout the planning period as the attractive industrial area it is now. (Volume I, Pg. 35, Last Para.). A) COMMERCIAL GOALS, POLICIES AND STATEMENTS The City should at all times have sufficient land to accommodate the retail needs of the City and the sur- rounding market area. The City presently has three major commercial areas: 99E, I-5 Interchan e the downtown area. No new areas should begestabaished. (Volume I, Pg.24, Item g_1), Lands for high traffic generatin malls, restaurants, etc, g uses (shopping centers, proved arterials, ) should be located on well im- traffic control devicesuneededotodameliordatehe necessary on the arterial streets. (Volume I, p their impact Strip zoning should be discoura ed a g•25, Item 6-2). form of commercial land develo ment.s Whenevernproductive the City should encourage or require commercialpdeveboe- ments which are designed to allow pedestrians to shop with- out relying on the private automobile to go from shop to shop. Commercial developments or commercial develo ment patterns which require the use of the p shall be discouraged, (Volume I p private automobile g.25, Item B-3). Commercial office and other low traffic retail uses can be located on collectorsgoreintcloseo~ercial to residential areas if care in architecture and site la is excercised. Proximity that any commercial uses located close bo proper regulationsng have the proper architectural and landsca ;ns~dential areas (Volume I, Pg,25, Item B-6), p 9 buffer zones. The second large commercial area which has developed in City is the commercial strip along Highway 9gE and the dthe ment along the intersections of State Hi hwa ggE way 214 and State Highway 211, evelop- The strig y ~ State High- caused many problems i n the City of Woodburn nas gfaroa 9 t raf fas flow and traffic safety on the State Highway. This is b this type of development is the least efficient use of co _ c mercial land and highway fronta e, ecause 9 While there is little which can be done with the areas which have alread m some of this will be redeveloping in the futureeeeSpeCiajPed, North of Lincoln Street. Access control plans should be developed and the streets should be improved North of Ha Y castle Avenue before further development is allowed, rd area on State Highway 211 which has been set aside forTcom- mercial development, some 35 acres, will lion for retail uses for the Cit provide future expan- State Highway 211 needs additional rBghtbof~w y~andawidepand, of the highway to accoir~nodate the that this commercial develo ment w9j~atly increased traffic g (Volume I, Pg,37, para. 1),p generate. (2) The thirty acres consisting of three lots on the North side of State Highway 211 are designated Commercial on the Comprehensive Plan Map. This acreage is outside the city limits but within the City's Urban Growth Boundary. Those properties outside the city limits but within that boundary are subject to zone changes to Commercial land uses at the time of annexation. In Planning staffs opinion a Commercial designation is inapropriate for this acreage and other land use alternatives would better serve the future growth of the community. (Lots 2, Map I). (3) The lots North of the Safeway/Payless complex on the West side of State Highway 99E to both sides of Indus- trial Avenue are zoned as IC (Industrial Commercial), a zone that is supposed to be in keeping with the Industrial Park Comprehensive Plan land use designation. However it does allow some commercial retail uses such as car lots and car laundaries. There has been many proposals by property owners in the area to "liberalize' the types of uses allowed in the IC zone. (Lots 3, Map I). (4) The ten acre site located on the corner of State Highway 214/Progress Way has been the most controversial land use conflict in the discussion area. Presently the site is zoned IP (Industrial Park) with the property owners requesting that it be designated CG (Commercial General). This request for a zone amendment has been denied on two different occasions by the City Council based on land use findings of law. (Lot 4, Map I). IV. RECOMMENDED ALTERNATIVE MAP AMENDMENTS A) LOT 1 OF MAP I Besides having approximately 1,000 feet of frontage on State Highway 214 this multi-family designated 13 acre lot lies adjacent to the highest concentration of "new" commercial development in the City. Additionally Mount Jefferson Avenue has been improved to its West property line which insures a minimum of two access points to the two highest traffic gener- ating highways irr the City,99E and 214. Amend the Comprehensive Plan Map of Lot 1 of Map I from Multi- Family Residential to Commercial/Multi-Family utilizing the extension of Mount Jefferson Avenue from State Highway 99E to 214 as a division line between the Commercial/Multi-Family uses. C) HOUSING GOALS, POLICIES AND STATEMENTS High traffic generating non-residential uses should not be located in such a manner as to increase traffic flows on residential streets or residential collectors. (Volume I, Pg.24, Item A-8). Industrial and Commercial uses which locate adjacent to residential area should buffer their use by screening and design control, and should be controlled with suf- ficient setback so as their location will not adversely affect the residential areas. (Volume I, Pg. 24, Item A-9). High density residential areas should be located so as to minimize the possible deleterious effects on adjacent low density residential developments. When high density and low density areas abut, density should decrease in those areas immediately adjacent to low density residential land. Whenever possible, buffering should be practiced by such means as landscaping, sight-obscuring fences and hedges, and increased setbacks. (Volume I, Pg. 24, Item A-10). III. HISTORY A) EXISTING LAND USE DESIGNATIONS The City Council adopted the Comprehensive Plan and Map in 1979. The plan and map,in turn, was acknowledged as~meeting all state land use laws by the State Land Conservation and Development Commission in 1981. No land use map changes have taken place for the area of discussion since adoption (Map I). However, there have been several proposals by interested parties and/or property owners to revise the land use designations for properties in this area since adoption. Because the area designated on Map I has caused a inordinant number of requests for change in comparison to all other areas of the City, the Planning staff feels a re-evaluation of land use designations in this area is in order. Presently the discussion area is made up of three land use types Industrial, Commercial and Multi-Family Residential. On the Zoning Map this is further refined to reflect IP (Industrial Park) CG (Commercial General) IC (Industrial Commercial) and RD (Residential Duplex). B) CONFLICTS (1) A 13 acre site located on the South side of State High- way 214 and just West of the Coast to Coast Store is presently zoned RD (Multi-Family Duplex). The housing market being what it is has resulted in inquiries to amend the Comprehensive and Zone Maps to reflect Com- mercial uses for this area (Identified as Lot 1 on Map I). r In Planning Staff's opinion a more logical transition of land uses would prevail if this property were to be amended from a Commercial designation to an Industrial use. 1) ADVANTAGES: (a) The 30 acre parcel would become an extension of an existing Industrial land use to the West. (b) It would increase the total industrial base inventory by 30 acres. (c) The map amendment would provide for a large block of Indus- trial land when coupled with the existing Industrial pro- perties to the West which consists of approximately 10 acres. (d) The Industrial designation would perpetrate the development of Industrial uses to the "fringe" of the city limits. (e) The land use change amendment would remove a disjointed Com- mercial use from the fringe of the City. (f) Although not a land use finding the affected property owners would still realize comparable monetary worth of their pro- perty. (g) The Industrial designation would lessen the growth tendency towards extension of strip development along the State High- way corridor. DISADVANTAGES: (a) The proposal would remove 30 acres from the City's Commercial land inventory of vacant land from 172 acres to 142. PUBLIC HEARING DISCUSSION: LOTS 2 OF MAP I (a) Maintain the existing Comprehensive Plan Map designation of Commercial. (b) REASONS: (1) Same as (a) listed in Disadvantages. (2) Provides a large block of land that with highway improve- ments and strict access controls can accommodate a large "mall type" development. (3) Strict access limits be imposed which would limit these parcels of land to two driveway access points. (4) Highway improvements be made to accommodate the additional traffic flow on State Highway 211 (most likely 2 lanes with a third refuge lane). C) COTS 3 OF MAP I That area North of the Payless/Safeway complex to both sides of Industrial Avenue on the West side of State Highway 99E is designated Industrial use on the Comprehensive Plan Map and IC (Industrial Commercial) on the Zoning Map. The primary criteria for location of a business in this zone was one in which retail uses are prohibited. (See Attachment I). 1) ADVANTAGES: (a) The property has access to the two most traffic generating highways that can best accommodate anticipated vehicular traffic. (b) There is potentially good visibility for store frontage advertising. (c) The property is adjacent to an already existing hub of commercial development. (d) The property adds depth to the commercial hub which allows greater concentration of commercial businesses. {e) The parcel size would be conducive fora shopping center/ mall complex. (f) Mt. Jefferson Avenue would be instrumental as`a division line between the commercial business on the North side of that road and Multi-Family on the South side. The Multi-Family on the South side serving as a buffer to the Single Family Residential District to the South. DISADVANTAGES: (a) Possible negativae impacts in the way of noise and traffic for residence to the South of this property. (b) Signalization may be required on State Highway 214 to accommo- date traffic flows from Mt. Jefferson Avenue. PUBLIC HEARING DISCUSSION: LOTS I of MAP I (a) Amend the Comprehensive Plan Map to Commercial. (b) Amend the Zoning Map to CG (Commercial General) North of Mt. Jefferson Avenue and CO (Commercial Office) South of Mt. Jeff- erson Avenue. (c) REASONS: (1) Same as those listed in Advantages (a)-(f ). (2) Commercial Office provides the same buffer protection as Multi-Family for the Signle Family Residential properties to the South. (3) The CO zone which allows such uses as doctors and dentists offices is regarded as a "soft" buffer between the Resi- dential zone to the South and the intensive Commercial use that would be allowed on the North side of Mt. Jefferson Avenue. B) LOTS 2 OF MAP I The property is disjointed from the nucleons of the main body of commercial development and activities to the West. That is, it is separated from the Commercial uses to the West by Industrial uses, the MacLaren School to the North and designated Farm Land to the East. When observing the Comprehensive Plan Map for Woodburn in its entirety one can observe that generally future industrial lands are designated on the fringes of the existing city limits. WQn[)RI~RN ZONING ~RI1I"!ANCfi Section 33,070, Pear and Side Yards. There shall he a rear and side yar on every of in an Il' Pistrict, which rear and side yard shall have a minimum depth of ten feet: The minimum depth shall he increased one foot for each additional foot of building height above ten feet, except a rear or side yard is not required adjacent to a rail- road right-of-way, siding or spur tract provided, how- ever, any rear or side yard provided adjacent to a street shall have a minimum depth of SO feet. Section 33.080. wont Yards. There shall he a front yard on every lot in an IZ'-Ilistrict, which front yard shall have a minimum depth of 100 feet. Section 33.090. (1P en Storage Areas. (a) All yard areas, exclusive of those required to landscaped as provided in Section 33.100, may he used for parking, materials, and equipment storage yards, or areas as may he used for the purposes permitted in the IC Pistrict. Any fence, wall or hedge may be located on the property line except it may not enclose landscaped yards, as setforth in Section 33.100. (b) The surface of such area shall he paved or gravelled and maintained at all times in a dust- free condition; except, that all automobile and truck parking and loading areas shall he paved, as provided in Chapter 10. Section 33.100, Lands~ca~ed Yards, Any yard provided adjacent to a street, an3 ti~jacent unimproved right- of-way shall be landscaped, but in no case shall it be required to landscape more than 10 feet from the nearest edge of the existing improvementin the street right-of-way. Section 33.090. Site Plan Review Re wired. Site Plan Review shall he require or a ui ings, struct~ires, or premises used, arraged or designed to he used, erected, structurally altered or enlarged in accordance with the provisions of Chapter 11. ATTACHMENT IV CHAF'Tr(' 33 - If; INPI-STRIAL ('Q~~.'~RCInI, ('ISTPICT Pnc:r: 33.4 N ;;: . ~: -:~'~: ~: a'~ W0006URN ZONING ORDINANCE \~ Section 30. OIO (9) Transportation; (l) Aircraft maintenance (2) Ambulance service; facilities; (3) nus story local, highwa ge and maintenance facilities Y. school); (charter, (,) E3us terminals, depots (charter, local highwaY)~ (S) Freight forwarding facilities; (6) Goading docks; (~) Offices; (8) Rai 1 way express agency; (9) Rai 1 road term i.nal s 0 ) Storage area (freight, Passenger); lll) Tcuck (short term) Mini-warehouses; maintenance facilities. H/00D[3URN ZONING ORDiNI1NCF. Section 31.10. no building, structure o•rthin any Cp Ccntcal Pusiness District j designed to be used F'eem i se shal 1 b except for ~ erected, structurall a used or arranged, or one or more of the tol lowin Y altered, or enlarged, 9 uses sav Any use permitted i n e and except those `'n R11 District and a CC District, prohibited in Section 31.02~es hereinafter specifically (b) S ecialt Sales and (1) Accessor Service Firms: Y. battery, parts and (2) Battery, ignition and fire store; (3) ©ody and fender electrical shop; (4) Cara 9c and shoe: general repair shop; (S) Class installation and (6) Heavy equipment service shop; (~) Paint shop; tractor and farm equipment store; (8) Radiator repair service shop; (9) Seat cover and auto (1 0) Service station tOP shop; repair, general (gas• Oi1, lubricatin repair); 9. minor (11) Towing service. ATTACHMENT IV EICHSTEADT, BOLLAND, ENGLE, SCHMIDTMAN & ROHRER ATTORNEYS AT LAW 610 GLATT CIRCLE - NORTHWOOD OFFICE PARK HAROLD A. EICHSTEADT P.O. BOX 385 MARVIN O. BOLLAND WOODBURN, OR 97071 ROBERT L. ENGLE KIRK A. SCHMIDTMAN MARTIN W. ROHRER March 4, 1985 President and Members of Planning Commission City Hall Woodburn OR 97071 RE: Comprehensive Plan Map Amendment - Public Hearing, March 28, 1985 Dear Planning Commission Members: TELEPHONE 981-0155 AREA CODE 503 I represent Woodburn State Bank, who owns the most Easterly 10 acres of that parcel designated as Lot 2 on the Notice of Public Hearing. The pro ert is directly North of the intersection of Cooley Road and Highway 211p and presently contains a residence. This property has been designated for commercial development since the adoption of Woodburn's last Comprehensive Plan Map. It is within the boundaries of the urban growth boundary. The City staff is now recommending that this Easterly 30 acres, on Highway 211, be changed from commercial tq industrial. In reviewing the proposed "advantages" specified in the staff report of this Comprehensive Plan change, a number of questions are presented: 1. Two of the proposed "advantages" suggested by the staff deal with the extension of the existing industrial land (Truss 'T' Structures). Despite that argument, the staff recommends that the property described as Lot 5, which includes the Truss 'T' office, be changed to commercial. Testimony was also given both by staff and by Dal Sullivan, who Awns adjoining property, at the February 28 hearing, that Truss 'T' Structures intends to move in the near future and recommends that their property be changed from industrial to commercial. If the properties designated as Lot 5 become commercial, then the re- designation of the Lot 2 properties to industrial would not be the extension of an existing industrial area, but would rather be the creation of a new industrial area. Without exception, the experience of anyone who has been involved in the development and sale of industrial 1a.nd is aware that industrial users prefer to be in groups in large industrial parks and not in isolated areas of town. The creation here of a 30-acre industrial park directly on a major highway would, again, create the situation that we are trying to avoid on the parameters of the existing industrial park; that is, the existence of a parcel of property which is, fox all intents and purposes, unusable as presently zoned. Industrial users would simply not purchase and develop this isolated 30-acre industrial site proposed by the city staff. Page 2. President and Members of Planning Commission March 4, 1985 2. The other "advantage" presented by the staff to the change of these 30-acres from commercial to industrial is simply that it would increase the total industrial base by an additional 30-acres. The staff seems to feel that if it can justify the removal of Lot 3 and Lot 4 property, from the industrial base, then it must add to the industrial base of the community from some other source. Although the argument is certainly well-taken and is appropriate, one cannot justify the redesignation of the Lot 2, 30-acre parcel on that basis. Without doubt, it has been established that the Lot 3 and Lot 4 property will only be appropriately developed as commercial lots. A substantial portion of the Lot 3 properties have already been developed in commercial uses, and the remainder of the Lot 3 properties remain undeveloped be- cause of the highway frontage. Likewise, the Lot 4,10-acre parcel has remained undeveloped all these years, while designated industrial, simply because it is not appropriate industrial property, and not the kind of property that industrial users choose to purchase. To create a new industrial designation of a 30-acne parcel at Lot 2 on East Highway 211 would create the same situation that we are attempting to remedy with regard to Lots 3 and 4. When one increases an industrial acreage base, one needs to expand existing industrial parks, not create a new one. 3. Major intersections with major highways should be developed commercially. This is recognized by our Comprehensive Plan and is now being recognized by staff. The move to change-the Lot 5 properties from industrial to conunercial is in line with this proper a.nd appropriate planning goal. The move to change Lot 2 to industrial would violate that goal. Industrial property directly across the street from residential property, on the South, is not good planning. 4. Lot 2 should remain commercial. Staff argues that the cost of improving streets to accommodate 25,000 vehicle trips per day would offset the loss of value of the property. This argument reminds one of the tail wagging the dog. The appropriate development for this property, in this location, is clearly neither Indus-trial nor high density retail commer- cial. The most appropriate development for this property would be low density uses, such as commercial office. That type of development would, under no circumstances, require major highway renovation suggested by the staff. SUMMARY: For the reasons stated above, Woodburn State Bank respectfully requests that Page 3. President and Members of Planning Commission March 4, 1985 the entire 30-acre parcel,. designated as Lot 2 on the Notice o£ Public Hearing, remain commercial for Comprehensive Plan purposes. Yours t~.~~; E~S TEADT , BO~,AND , ENGLE , S HMIDTMAN & OHRER T/.C. EN RLE:fra cc: Woodburn State Bank EICHSTEADT, BOLLAND, ENGLE, SCHMIDTMAN & ROHRER ATTORNEYS AT LAW 810 GLATT CIRCLE - NORTHWOOD OFFICE PARK HAROLD A. EICHSTEADT P.O. BOX 388 TELEPHONE MAR VIN O. BOLLAND WOODBURN, OR 970]1 981.0155 ROBERT L. ENGLE KIRK A. SCHMIDTMAN AREA CODE MARTIN W. ROHRER 503 March 8, 1985 President and Members of Planning Commission City Hall Woodburn, OR 97071 Re: Proposed Comprehensive Plan Amendments for areas adjacent to 214, 211, and 99E Dear Planning Commission Members: I represent the owners of Lot 4, the 10-acre tract adjacent to Highway 214 and Progress Way. I appeared before you at the first public hearing on the night of February 28, and advised you that T would be submitting written material in support of the owners'' position. The owners of this tract continue to request that this property be reclassi- fied as commercial on the Woodburn Comprehensive-Plan for development purposes As you are aware, I mailed a letter to you, dated February 22, 1985, indicat- ing my intent to file a Petition for Comprehensive Plan and Zone Change. I believed it to be beneficial to my clients to have the quasi-judicial process in operation at the same time that the Legislative process instituted by the Planning Department was in operation, The quasi.-judicial process permits greater participation by the landowners than the Legislative process presently before you. However, upon consultation with Steve Goeckritz, the Planning Director, I agreed to withhold the filing of the Petition, pending consideration of the reclassification of this property by the Planning Commission and City Council under the Legislative process. I do enclose, however, for your review, a copy of the information which I was prepared to file as an attachment to the Comprehensive Plan Change Peti- tion, in support of that Petition, I submit this to you to be considered in the Legislative process as the reasons why the property should be changed from industrial to commercial in Woodburn's Comprehensive Plan. You will note that this is very similar to the language of the Petition sub- mitted by me last year in support of this project. I have made a few changes in the language, but generally, the conditions remain the same as do the reasons why this property should be made commercial. I will personally be out of town the evening of March 28. That is spring vacation, and I am taking my family on a trip, I do hope, however, that you will consider this information in making your decision with regard to ATTACHMENT IV Page 2. President and Members of Planning Commission March 4, 1985 your recommendations to the City Council on this property. Yours truly, EICHS AD BOLLAND, ENGLE, SCHM T & ROHRER . ENGLE RLE:fra Encl. cc: Earl Doman Robert With rs ATTACHMENT IV .~.z'~ INDEX TO BURDEN OF PROOF I. COMPREHENSIVE PLAN - LAND USE MAP A1~NDMENT A. THE REQUEST 1 B. REQUIREMENTS TO SUPPORT COMPREHENSIVE PLAN CHANGE 2 C. THE ARGUMENT 2 D. SIX CRITERIA WHICH SUPPORT THE CN.AIvGE 3 1. CITY GOALS AND POLICIES 3 a. Policies for industrial land use 3 b. Policies for Commercial Land Develop- ment 6 c. Policies and Goals for Transportation 7 2. COMPLIANCE WITH ELEMENTS OF COMPREHENSIVE' PLAID 8 3. STATEWIDE GOALS AND GUIDELINES 9 . 4. PUBLIC NEED 10 .- 5. LAND BEST SUITS PUBLIC NEED 10 6. LAND CANNOT SUITABLY BE L'SED AS IT IS PRESEI~TTLY DESIGNATED 11 E. CONDITIONS HAVE CHANGED SINCE THE ADOPTION OF THE 19 S 1 PLAN ]. 2 F . S UI~~RY 13 ATTACHMENT IV EXHIBIT "E" BURDEN OF PROOF I. COMPREHENSIVE PLAN - LAND USL MAP AI~NDMENT. A. THE REQUEST: The 'applicants are the owners of approximately ten acres of undeveloped real property located on the northeast corner of the intersection of Highway 214 and Progress Way within the City of Woodburn. The property is bounded on the south by Highway 214, on the west by Progress Way, on the north by a certified public accountant's office, and a mint-storage facility, and on the east by a small parcel of vacant land. Adjacent to that small parcel, and further to the east, is the new Family Federal Savings and Loan Office, Sharl's Restaurant, and the Safeway - Payless Shopping Plaza. On the west, across Progress Way, is the Portland General Electric District Office and the Bank of Oregon Administrative Offices. The subject parcel has been designated~on Woodburn's Comprehensive Plan Map as industrial, and is zoned IP in accord- ance therewith. It has been included, by identification in the Woodburn Industrial Park, but has failed to be so developed. The applicants request that the Comprehensive Land Use Plan Map be amended to designate this parcel for commercial development and that the property be appropriately zoned commercial general. A major portion of the property must, by necessity, be dedicated to parking to accommodate the foregoing IV 1 - BURDEN OF PROOF. development. - B• RE UIREMENTS TO SUPPORT COMPREHENSIVE PLAN CHANGE: Paragraph XI. of Volume I of the 1981 Comprehensive Plan of the City of Woodburn sets forth those substantive Grit must be established to ustif a revision of an eria which j y Comprehensive Plan. Y Portion of the A plan change requires either: 1• The introduction by the petitioners of a solid bod of evidence showing: y a• That the amendment is in compliance with the goals and policies of the Comprehensive Plan narrative; and b• That the amendment is in. compliance with the various elements of the Comprehensive Plan narrative; and c• That the amendment is in compliance with the statewide goals and guidelines; and d• That there is a public need for the chan ge; and e• That the land best suits that public need; and f• That the land cannot be suitably used as it is presently designated. 2• A Comprehensive Plan amendment may also be by a finding that either: justified a- A mistake was made in the drafting of the origi- nal plan; or b• Conditions have changed which would justify a redesignation of a particular parcel. C • THE ARGUt1EPdT : Petitioner herein intends to establish in this burden of proof that: 1• A solid body of evidence exists which justifies 2 - BURDEN OF PROOF. IV the change and which supports the six criteria listed above, and 2. That conditions have changed since the 1981 Comprehensive Plan update which justify a redesignation of this parcel. D. SIX CRITERIA WHICH SUPPORT THE CHANGE: The Comprehensive Plan sets out, on page 51 of Volume I, six criteria which must be discussed and which must be the subject of .findings of fact and conclusions of law on the part of the Planning Commission and City Council, to justify a Comprehensive Plan amend- ment. The six criteria are hereafter discussed: 1. CITY GOALS AND POLICIES: a. Policies for industrial land use: Those policies dealing with industrial land use, as set forth on pages 25 and 26 of Volume I of the Comprehensive Plan narrative, advocate industry within the City of Woodburn, which will provide a healthy job market in a location which ~•~ill provide ease of access and which will avoid environmental dangers. Attention is to be given to the visual impact of industrial development upon arterial streets, by the appropriate use of buffers. The industrial park concept is favored and atten- tion is to be given to avoid commercial encroachment on industrial land, which might either cause the price of industrial lands to in- crease or result in traffic generation problems which would inter- fere with the use of the adjoining industrial land. Petitioners assert that the requested Comprehensive Plan amendment would not be in violation of any of Woodburn's POLICIES FOR INDUSTRIAL LAND USE. the removal of this IV 3 - BUkDEN OF Pk00F ten acre parcel from industrial designation would leave ample un- developed industrial land for future development. The 100-acre West Woodburn site, recently annexed, the 50-acre Miller Brewing Company site ready for development, and the large undeveloped North Front Street site, provide available developable lands for a diversified job market as~needed. It must be noted that the number of available industrial buildings within the Woodburn Industrial Park have not; for some time, been at full employee strength because of economic factors. The removal of the subject parcel, from industrial designa- tion, would not in any way be detrimental~to the policy to encourage a healthy job market. The development of this parcel commercially and in retail trade would occur much earlier than in industrial development, and would provide, in effect, a greater diversification within the job market. Further, this site is located on the major artery in the City of Woodburn. Although one access would be pro- vided from Progress Way, traffic from a retail trade area is evenly disbursed throughout the day and evening and would not have a major impact upon the industrial park. A single ingress and egress loca- tion on Highway 214 to service other retail shopping stores would have no material impact upon the intersection of Progress Way and Highway 214 for industrial employees and trucking daytime uses. The policies•which encourage the industrial park concept also encourage, for purposes of aesthetics, the buffer- ing of industrial uses from arterial streets and residential areas. These policies further discourage the encroachment of commercial uses on industrial land, to the extent that price increases or traffic generation problems might result 4 - BURDEN OF PROOF. These policies are of IV great importance to the question of whether or not the land use should be amended in this instance. For in more than ten years, industries have had the option of locating either in the interior of the current industrial park or on the exterior highway perimeters. It is a simple fact that industries do not like to be located on major highways. Industries generate exterior clutter and disorganiza- tion. That is not a negative observation but simply a matter of fact. Lumber manufacturers must have places to store their piles of lumber. Parts and .equipment manufacturers must have places to store their raw materials and inventory. Every single major indus- trial manufacturer located in the City of Woodburn has chosen to build away from the major highways and not upon them. Advertis- ing and public visibility are not an issue with manufacturers. ~ Our mobile home manufacturers, Birds Eye, and all the other exist- ing industries have not chosen to put their major building structures on highway sites. A survey of those buildings which are located on the highways in industrial zones is further evidence of this fact. Some examples will follow. Although PGE has industrial uses and is properly located in an industrial park, its district service. facility which serves the public is located on highway 214. The primary function of that highway facility is office use. Bank of Oregon owns the lots fronting highwa~a 214. Lenon Implement is not a manufacturer, but a retail service establishment, which seeks public visibility. The other highway sites all around the IV 5 - BURDEN OF PROOF. industrial park have not developed, with the exception of that portion which was rezoned commercial for development by the Safeway - Payless complex, Shari's Restaurant, and Family Federal Savings. Industries simply do not wish to be located on highways. In summary, the redesignation o.f this parcel as commercial will not, in any way, be in violation o.f the city's policies for industrial land use. , b. Policies -For Commercial Land Development: The city's policies for commercial land develop- ment are found on pages 24 and 25 of Volume I of Woodburn's Compre- hensive Plan. Po l_ icy 1: "The city should, at all times, have sufficient land to accommodate the retail needs of the city and the surrounding market area. The city presently has three major commercial areas: 99E, I-5 Interchange, and the downtown area." The proposal is simply an extension of the exist- ing 99E designated commercial area. No new commercial area is ,being established. If it was appropriate to permit the development of the Safeway - Payless complex, the Shari's Restaurant complex, and the.Family Federal complex, then the same reasons apply to extend that commercial designation to Progress Way. Policy 2: "Lands for high traffic generating uses should be located on well improved arterials. The uses should pro- vide the necessary traffic control devices needed to ameliorate their impact on the arterial streets." Highway 214 is probably the most well developed and improved major arterial in the City of t,,oodburn. It provides a by-pass which was seen as necessary, both for avoiding the down- - IV` 6 - BURDEN OF PROOF. town area and for servicing the Woodburn Industrial Park. The proposed development would be in compliance with .this policy. Policy 3: "Strip zoning should be discouraged as a most unproductive form of commercial land development. When- ever possible, the city should encourage or require commercial developments which are designated to allow pedestrians to shoe without relying on private automobiles to go from shop to shop. Commercial developments or commercial development patterns, which require the use of the private automobile, shall be dis- couraged." This proposed zoning change is simply not "strip zoning." Strip zoning exists where the depth of the parcels or configuration of the parcels require individual access onto the main traffic artery. Strip zoning, with the exception of the malls, blatantly exist along Pacific Highway 99E. Strip zoning does not exist where a mall-type development is permitted, which permits both interior parking and access to multiple commercial centers from a single highway cut. A,s planned, this ten acre parcel could service, with a single access from Highway 214 and a secondary access from Progress Way, major commercial development and necessary parking. The continuation of the commercial zone designation from its existing terminus to Progress Way could, under no appropriate definition of standards, be determined to be strip zoning. c. Policies and Goals 'for Transportation: Woodburn's goals and policies regarding trans- portation are set forth on pages 29 and 30 of Volume I of Woodburn°s 7 - BURDEN OF PROpF. IV Comprehensive Plana The city's goal is "to provide for a safe, efficient means of circulation within the city, and to provide for safe transport for goods of persons moving through the city." The city's policies with regard to transportation encourage the orderly development of major arterial streets to accommodate traffic flows and the signalization of major arteries. Pedestrian and bicycle access is to be provided on arterial and collector streets. The redesignation of this ten acre parcel from industrial to commercial supports Woodburn's goals and policies on transportation. As noted above, a single access on F~ighway 214 and a single access on Progress Way can service the entire ten acre parcel. Sidewalks are already in existence, and the developer recognizes the potential need for traffic signalization at Progress Way and Highway 214, and is willing to cooperate in the meeting of_ that need. 2. CON~PLIANCE WITH ELEI~IENTS OF COMPREHENSYVE PLAN: a. The sewer, water, and storm. drainage elements: This proposal is in no way detrimental t~o the water, sewage, or storm drainage elements of the City of Woodburn's Comprehensive Plan. Adequate facilities exist for the proposed development . b. The transportation element: The proposed amendment does not violate the transportation element. Highway 214, between 99E and Settlemier, being a major designated arterial, was built to meet these types of traffic needs. c. The economic element: I~, 8 - BURDEN OF PROOF. The language contained in the economic element is found in the abstract attached to Volume I of the Comprehensive Plan, at page xxviii, should be read by anyone concerned and responsible for the orderly growth and development of the City of Woodburn. In part, the economic element reads as follows: The overall approach of the city to its "economic problems is to work to remove barriers to the free and effective opera- tion of market forces. The city prefers to allow the private sector to determine the rate of economic growth, the nature and type of growth, and other economic develop- ment parameters. Public policy will be to remove constraints on the free market by making sure that properly zoned land, water, sewer services, fire, and fire protection and other services are made available. The city will attempt to create conditions conducive to growth and development, but the initiative for economic development will come from the private sector." This land has remained available for industrial development since the mid-1970's. It has not been developed, be- cause.industries do not favor this type of major highway frontage land. Several efforts have been made in past years to permit the .private 'sector to develop this property in a commercial manner. The public, on the whole, has been acceptable to past proposals. Those businesses which had previously committed to utilize the property will make no further commitments until the property is deemed to be dedicated for commercial use. 3. STATEWIDE GOALS AND GUIDELIi1ES: Since Woodburn's Comprehensive Plan narrative has been acknowledged by the Land Conservation and Development Com- IV 9 - BURDEN OF PROOF. mission, it is no longer necessary to address each of the individual statewide goals and guidelines. If you find that this land use map amendment is in compliance with the narrative goals and policies of the Woodburn adopted and acknowledged Comprehensive Plan, then you are also finding that the amendment does comply with LCDC's statewide goals and guidelines. 4. PUBLIC NEED: The concept of "public need" is very difficult to address. We labored with this concept before the acknowledgment of Woodburn's Comprehensive Plan. The appellate courts of the state of Oregon have labored with this concept on several occasions. The public need, in this instance, should be addressed based upon the only reasonable use for the property. Certainly, other commercial property exists which is currently undeveloped. A need does exist, however, for frontage property, open to the public view, for the development of facilities needed by the com- munity which are not otherwise present. In that light, a public need does certainly exist for the amendment of the Comprehensive Plan to correctly designate the property in question. 5. LAND BEST SUITS PUBLIC NEED: P~Iajor commercial development must be located in such a way as to create access and availability to adequate public streets and at a location which is easily accessible from all directions. Commercial development should be located adjacent to major thoroughfares within the city. Industrial development which desires anonymity .within the confines of the industrial park should not be located adjacent to major thoroughfares. Therefore, IV 10 - BURDEN OF PROOF. this land, just like the other developed properties adjacent to ' 99E and 214, within the industrial park area, is best suited to commercial development. Assuming that it is not in the public interest to zone major thoroughfare land in such a way that it is, for all intents and purposes, unusable, this land does best meet that public need as redesignated commercial. 6. LAND CANNOT SUITABLY BE USED AS hT hS PRESENTLY DESIGNATED: As stated above, this land has remained vacant since the mid-1970's. All previous industrial development has sought interior lots within the industrial park. Other develop- ments around the parameters of the industrial park adjacent to 99E and 214 have been commercial in character and not industrial. This land is simply not suited to an intensive industrial use. It is surrounded on three sides by uses of commercial character. The Bank Administrative Office, the PGE District Office, the Certified Public Accountant's Office, and the Family Federal Savings and Loan are commercial in character, as they well should be, adjacent to the major public thoroughfare of 214. Petitioner submits that if this property were for some reason sold to a major manufacturing firm, using other manufacturing firms within the industrial park as an example, either a major bur- den would be placed upon the manufacturing firm to screen all of its manufacturing activity, or the public would be exposed tp usual and normal manufacturing storage activities, such as exist within the industrial park, each time a car passed by on the 214 Highway. Peti- tioner suggests that this would not be aesthetically desirable, and I~ ,,,.r~,-,,. ~,-, r would not create the impression that the city fathers and the city residents wish to create for people using that portion of the city streets., Summary: The foregoing does constitute a solid body of evidence justifying the amendment of. the Land Use Map to the Woodburn Comprehensive Plan utilizing the six specified criteria. This presentation alone, supported by findings of fact and con- clusions in support thereof, would permit the amendment to be granted. E. CONDITIONS HAVE CHANGED SINCE THE ADOPTION OF THE 1981 PLAN: Petitioner suggests that since the adoption of the 1981 plan, conditions have changed which, had they existed at the time of the adoption of .that plan, would have justified the designation of this property as commercial on the Land Use Plan Map. Those changes are as follows: 1. The development of permanent commercial improve- ments, extending west from the northwest corner of State Highway 214 and State Highway 99E, have been expanded since the adoption of the 1981 plan. Family Federal Savings and Loan is now in the process of constructing a permanent facility which irrevocably dedicates that parcel of property to commercial use. 2. Approximately 100 acres of additional industrial property has been annexed into the City of Woodburn as the West Woodburn industrial property. At the time of the adoption of the 1981 plan, our 10 acre parcel was one of. the few undeveloped parcels of major size which was both annexed and zoned industrially within the City of Woodburn. Now, with the annexation of the 4Jest 12 - BURDEN Ok' PROOF. IV Woodburn 100 acre industrial parcel, ampleadditional industrial property exists ready for development to meet the city's fore- seeable needs. 3. Changes in economic factors require a return to the prerecession status of growth and development within the City of Woodburn. Prior to Oregon's economic recession, [~Joodhurn was developing both industrially and commercially at a steady and agreeable pace. At that time, available industrial land was being purchased at a regular and appropriate rate, develop- ment was occurring upon those lands offering both permit and tax revenue to the City of Woodburn, jobs to the pub lie, and contracts for builders and professionals in related fields. Since that time, we have gone through an economic recession ~in the state of Oregon, which has materially reduced the ecpnoi?lic advantages in orderly and normal growth and development. There is no longer a demand for industrial property which cannot be fulfilled with existing inventories. The existence, however, of commercial users ready, willing, and. able to develop this property at the earliest possible date, will generate needed revenues and jobs and aid in the recovery of the entire eeonomy. One of the most immediate economic problems faced by the City of Woodburn is the loss of retail spending by Woodburn residents to Salem and Portland. These types of development wi_11 aid in the solving of this problem. F. SUMMARY: The Comprehensive Pian of the City of Woodburn sets forth criteria which must be considered in determining the I~ i ~ _ nrr~T~nT n~ ~~nn~ advisability of its own amendment. The request, in this instance, is not a revision of the narrative portion of the Comprehensive Plan, but for a simple amendment to the Land Use Plan Map to .bring it more in conformance with that narrative portion of the Comprehensive Plan. Petitioners submit that they have met that burden of proof in all particulars, both to the six criteria, as found on page Sl of the Comprehensive Plan, and in establishing that conditions have changed which would justify a redesignation of this particular parcel as required on page ~.? -g~the plan. Respec fully submi ted, EICH TEADT, BOL AND, ENCLE, S CHM DTT~AN & HRE R By; Ro e t L. Engle Of At me s for P titioners IV. 14 - BURDEN OF PROOF. February 14, 1985 David J. Christoff 649 Wilson St. Woodburn, Oregon 97071 Steve Goeckritz Woodburn Planning Dept. 270 Montgomery Woodburn, Oregon 97071 Dear Steve, In regards to our conversation last week about the proposed comprehensive plan amendments. At your suggestion, I am documenting some of those high points. As you know, I do have a partial interest in land in Lot 2 on the attached map. Regarding the discussion paper on the comprehensive plan amendments. I agree that the point is well taken in that planning is an ongoing process and that changes occur due to economic and social pressures. My observations are that there are four basic areas to consider in updating the present plans (1) To bring property into compliance with its present use. (2) To address public demands for growth. (3) To balance the avail- ability of industrial and commercial land. (4) To plan in a way that best accommodates traffic patterns. Lot 3 on the attached map shows Lenon Implement and Shop 'N Kart in an indus- trial zone, yet, both are commercial businesses. As I understand it, both properties were developed during or after the present plan was being adopted. One of the recommendations in the discussion paper was to change the zoning to bring these properties into compliance. However, the property in Lot 5 across the street was not addressed, yet it has the same problem. Lot S has four businesses. Of these only Truss-T has an industrial application. I have talked to the owner of Truss-T and found that he also agrees that the property would best suit the city as commercial, rather than industrial. Since the other users are commercial and since there already is some hop- scotching of industrial and commercial zoning in Lots, it would seem equitable to correct this zoning along with the affected portion of Lot 3. In conjunction with Lot 5 is Lot. 2. The discussion paper proposed the down zoning of this parcel from commercial general to light industrial. The only valid consideration given for this recommendation is to balance industrial and commercial lands. If Lot 5 was brought into conformity and Lot 2 allowed to remain as it is, then it would eliminate the disjointed use between these two improperly designated lots. It also would create a larger commercial tract for future development. ATTACHMENT IV In looking at the zoning map you will notice a lack of larger commercial tracts of land. Presently there is only one such site, between I'S and Evergreen Road. It is obvious that the city will not need these larger parcels within the next few years, but possibly in the next 20 to 30 years the demand will exist. ~' ~. These larger sites wild, keep the city in compliance with the present goals established in the comprehensive plan and that is to stop the spread of strip zoning, as it is the '•....most unproductive form of commercial land development •' . When balancing commercial and industrial lands it may be more practical to annex, via urban growth boundary, sites that would be more conducive to 'industrial.. .Areas that could be considered are I3. Front St., S. Boones Ferry Rd., and S. 99 E. I am aware that there may not be adequate services in these areas, but then neither does Lot 2 have these services. Generally it is thought that industrial build up comes before commercial. However, the requests Chat the city has had to consider lately have been for larger commercial sites. My observation is that the city has a good supply of small industrial and commercial sites and very few large ones. Traffic problems will occur regardless if you develope an industrial site or a. commercial site. I feel that the developer or owner should be responsible for the expense to offset these traffic problems, as they are the cause of then and will benefit the most by them. I understand that its possible for developers to get grants for some of their improvement costs. I hope this information will benefit you in making a decision on the proposed amendments. I see potential problems in some areas that I have suggested, but I see similar problems in what has thus far been presented. I offer these suggestions merely as an alternative consideration. Thank you, Cordially, < c (~!'~ Davi Christoff ATTACHMENT IV `__l '. ~; ~ ~. , --1_-_~ _ - = i 1 ~ = n yi ~ - Q ~ -- ~ ~ ~ - ~ n Cn ~ ~ Cn I _ ... ~, ~ ~ v _ -- '' ~ ° z ~ C AM • ~ ~ ~ n .o^ i .... .. `~ '~ ~ / lJ J \ ~ / ~~I ~ / ~ '1 a Jt '...~ ~ `~ .. ~ ~' ~ ~~ n ~ / ~ --- ~ ~ ° ~ ~, ~ ~ ~ -o /~ ~ ,, ~ ~ ~ C m ,, ~` m a e ~~ ® ~'' J `Tt ~ C `\ 0 0 -..~ ~ ~ - ~ ~ b ~ ~ z ce~~~ ~ ~~~ (n ~ ~ O ~ -- z ~ ~ ~ - - m ~. _ J w -- ~ o ~ ~ z N g- _ v ~ ATTACHMENT IV .. _ . ~y. , a ~,,..., ~..,, r WOODBURN SfRTEBANK Eflahlish¢tl 1878 February 15, 1985 Woodburn Planning Department Public Works Department 270 Montgomery Street Woodburn, Oregon 97071 Gentlemen: Regarding the. hearing of Frbruary 28, 1985, our Board of Directors has unanimously voted to support the Commercial General Zone, presently assigned to 2155 Molalla Road in the existing Comprehensive Plan. We would be strictly against a re-zone of this parcel to Industrial or any other designation. We have sent a copy of this letter to Walt Lawson, who verbally contacted Ed Everts of our Bank; last month to get our initial reaction. This response is a formal reply to Mr. Lawson's inquiry and your notification this date. We will not attend the February 28, 1985 meeting, nor will we seek legal assistance at this time in the matter. We trust we will be kept informed of further proposed meetings and hearings. Yours truly, nny Cu sforth, P sident For Board of Directors Copy: Walt Lawson John Weisz, Jr. LC/bj ATTACHMENT IV P.O. BOX 37 / 110 SOUTH PACIFIC HIGHWAY /WOODBURN, OREGON 97071 / (503) 982-2265 MEMBER F.D.I.C. Taylor Motorcycles, lnc. HONDA - KAWASAKI dba TAYLOR HONDA SPORTS February 22,1985 City of Woodburn Woodburn Planning Commision 270 Montgomery St. Woodburn, Or. 97071 My concern would be to have my business conform with the proper zoning regulations. I would support a zone change to Commercial General. Respectfully, ' for Honda Sports ~. _~-'` ohn R. Taylor ATTACHMENT IV 2140 North Pacific Hwy Woodburn, OR 97071 (503) 981-1813 HAROLD A. EIC HSTEADT MARVIN O. BOLLAND ROBERT L. ENGLE KIRK A. SCHMIDTMAN MARTIN W. ROHRER EICHSTEADT. BOLLAND, ENGLE, SCHMIDTMAN & ROHRER ATTORNEYS AT LAW 8f0 GLATT CIRCLE - NORTHWOOD OFFICE PARK P.O. BOX 355 WOODBURN, OR 97071 February 22, 1985 Honorable President and Members of Woodburn Planning Commission City Hall Woodburn, OR 97071 Re: February 28, 1985 Public Hearing - Comprehensive Plan Map Amendment Dear Planning Commission Members: TELEPHONE 981-0155 AREA CODE 503 I represent the owners of the ten acre parcel of land located on the Northeast corner of the intersection of Highway 214 and Progress Way, designated as Lot 4 on the Notice of Public Hearing. The owners remain unable to sell the property, as industrial property, and do still desire to have this property reclassified as Commercial. In conformity to that desire, we will be filing, within the next few days, a petition for a Comprehensive Plan Change Amendment, and a petition for a Zoning Designation of Commercial General. We believe most strongly that all criteria and requirements to support a Compre- hensive Plan Change on this property do exist, and request that you consider, both in this hearing and at the public hearing which will result from the filing of the petition, the reclassification of this property. Respectfully, E HSTEADT BOLLAND, ENGLE, CHMIDTMA & ROHRER RO L. ENG E Attorney for roperty Owners RLE:fra ATTACHMENT IV REAITOR~ C,1G'-ORgE YADER REALTY i~ 2000 N. Pacific Hwy.. Woodburn, Oregon 97071 Phone: 981 - 3055 February 26, 1985 Mr. Steve Goeckritz Planning Department 270 Montgomery Woodburn, Oregon 97071 Dear Steve, As the owner of property located at the corner of 99E and Hwy. 211, I have a definite interest in the change of zoning and/or usages allowed for some zones. I feel my property would have a greater potential to serve the public if the zoning were changed to Commercial General. Sincerely, o~Y-t' ~ ~ y----°' Georg' W.V GY /dy ~,~ ATTACHh1ENT IV FARMS f HOMES COMMERCIAL i RUSS- s~~~~.~ ~ inC 2100 N. Pacific Hwy. /Woodburn, OR 97071 Te/ephone (503/ 981-9587 February 28, 1985 WOODBURN PLANNING DEPARTMENT Public Works Department City Hall 270 Montgomery Street Woodburn, Oregon 97071 Dear Sirs: I am unable to attend the public hearing scheduled for February 28, 1985. I have property located in the proposed rezoning area; one parcel within the city limits and one parcel adjacent, which is also in the affected area~~ ~~(See map included, properties are highlighted and marked Parcel "A" and B .) I have been in business since 1963 at this location, long before the area was annexed into the city of Woodburn. In 1975 I purchased 22 acres adjacent for the purpose of future expansion. This parcel is still in the county and under city comprehensive zoning. In looking at Parcel "A" which is zoned IL, which would be a spot zone for this corner, and Parcel "B" which appears on the zoning map as IL, I feel that both properties should be placed in the same zoning code. My long range goals are to move my opearation to a less congested area by 1990 for the following reasons: 1. My business does not require visible exposure. 2. Property taxes are increasing for this area in relation to other industrial zones. 3. High cost of highway improvements on both 99E and highway 211 (1020' of highway imporvements which I will be forced to pay for) with no value other than additional costs for my existing operation. 4. Congested area for ingress and egress of required heavy truck traffic. 5. Poor material flow through plant, due to additions on to existing building thru immediate need rather than flow planning. In conclusion, I would like to see both properties zoned Commercial-General and continue my operation in a nonconforming use. I do not foresee any future expansion, with the possible exception of some changes that may be required by O.S.H.A. or other governing bodies. Should that need arise, I would expect cooperation in mod~i,f~ation under a Conditional Use Permit. Thank y u, ~~~ Flo d Lenhardt, Jr. `~` - '° President ~L ATTACHMENT IV l FL/mk HOODVIEW CHURCH OF GOD 1530 MT. HOOD AVENUE WOODBURN, OREGON 97071 Phone (503) 981-1660 March 20, 1985 City of Woodburn Planning Commission 270 Montgomery Street Woodburn, OR 97071 Gentlemen: This letter is concerning the review and possible amendment to the City's Comprehensive Plan and Zoning Districts which was presented to the Woodburn Planning Commission by the City of Woodburn and was heard before the Planning Commission on March 28, 1985, which discussion will continue March 28, 1985. A copy of the public notice is attached and the lots to which we direct our comments are Lots 1 and 4. The Spiritual Advisory Council, the designated Board of Directors of Hoodview Church of God, Inc., in regular session on hIarch I2, 1985 unanimously approved the following motion: •We recommend a commercial zoning on Lots 1 and 4." It is our considered opinion that a commercial designation of these tracts would be the highest and best use of this resource to our community. We feel that commercial users would be more responsive in maintenance and value appreciation of this land and would therefore provide the most desirable neighbors to us. Sincerely, ~'`~f% i Tim thy J. Abrahamson President ATTACHMENT IV `A covenant community - called by grace, sent by love." 0 D .T, ~ ,. .M •~ e ~ ~ O . ~~.' - r ® INDUSTRIAL,, ®COMMERCIAL MULTI-FAMILY MAP I SUMP~REHENSII{E A~ LAND USE D~I ATI ~ ~ I N AREA AR n~cnn~....,.. ~f--1-1 • ~~~~URBAN GROWT BOUNDARI -- - ,--~-_ --_. _ . L _ . PUBLIC NOTICE PURPOSE OF NEARING: The Woodburn Planning Commission will hold a public hearing to review and possibly amend the City's Com- prehensive Plan and Zoning Districts for properties identified on the above map as Lots (1),(2),(3),(4) and (5). 0my ti~ose properties Identified as Lvts 1-5 within the "Area of Discussion" will be reviewed for possible land ~:se amendments. FILED BY: City of Woodburn DATE OF HFARiNr,• FAhr„~~,. ~~ ,..,,~ iT~~~ P.O. Box 438 - Newberg, Oregon 97132 Phone: (503) 538-3136 JuIY 19, 1985 Woodburn Planning Dept. Public Works Dept. - City Hall 270 Montgomery St. Woodburn, OR 97071 T0: Planning Department and City Council SUBJECT: Proposed Zone Chan es We are property owners in the Woodburn Industrial Park and are concerned about proposed zone changes in this area. 4/e feel very strongly that Lot 4 along Mt. Hood Ave. to Progress Way be changed from Industrial to Commercial in agreement with your continuous decision to add commercial zoning along this street from the shopping center and to provide a buffer between Industrial and Multi-family. All recognize that there is ample industrial zoning for future needs in the Industrial Park. 4Je are convinced that Lot 4 should be zoned Commercial to be consistent with your prior decisions. Lot 1 should remain Multi.-family to allow the road through Lot 1 to be a natural buffer between Commercial and Multi-family. Please seriously consider these recommendations. Very truly yours, DURA-CRAFT, INC. ~~ D. E. Christie, President DEC/mb Encl. Notice of Public Hearing, Map