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Ordinance 1924COUNCIL BILL No. 888 ORDINANCE No. 1924 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN MAP AND RECLASSIFYING CERTAIN PROPERTY LOCATED ADJACENT TO AND ON THE NORTH EAST CORNER OF STATE HIGHWAY 214 AND 99E FROM IC (INDUSTRIAL COMMERCIAL) AND IL (LIGHT INDUSTRIAL) 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 Com- prehensive Plan and Zone Change Case No. 85-01 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 Five, is described by the map attached to this ordinance and labeled Exhibit "A". Section 2. The Comprehensive Plan designation of said real pro- perty is hereby amended from its present Industrial to a Commercial design- ation. Section 3. The Zoning designation of said real property is hereby reclassified from its present IC (Industrial Commercial) and IL (Light Industrial) to CG (Commercial General). Section 4. The Comprehensive Plan and Zone reclassifications of said real property are based upon the staff report related to this property dated July 10, 1985 and specifically the findings and conclusions contained in the staff report which is attached thereto as Exhibit "B" and by this reference incorporated herein. 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. Page 1 - COUNCIL BILL No. 888 ORDINANCE No. 1924 Section 6. The City Administrator or his designee is hereby directed to correct the Woodburn Comprehensive Plan and Zoning Map to the classification herein made. Section 7. This ordinance being necessary for the immediate preser- vation of the public peace, health, and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the City Council and approval by the Mayor. Approved as to form: y City Attorney Date Passed by City Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST:' ARNE 0..,B RRI'S, Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL No. 888 ORDINANCE'S No. 1924 APPROVED: ` WILLIAM COSTINE, MAYOR Auqust 12, 1985 Auqust 14, 1985 August 14, 1985 August 14, 1985 yv I ��ryoHrx �r EXHIBIT "A" -- I )AV y a EXHIBIT "B" COMPREHENSIVE PLAN PROPOSED AMENDMENTS TABLE OF CONTENTS BACKGROUND INFORMATION 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 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 PAGE(S) r CHAPTER 33 IC INDUSTRIAL COMMERCIAL DISTRICT 33.010 Use 33.020 Retail Sales Restricted 33.030 Pollution Authority Approval w 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 Findings of Denial June 19, 1984 Page 4 6. 1,11e City Council finds that there anise be a public need for the proposed 1)1;in amendment. 1. The City Council finds that to amend the Comprehensive Plan it must be shown that the subject parcel. best suits the public need. 8. The City Council finds that to ,justify a comprehensive plan change it must be shown that the subject parcel cannot be suitably used as it is presently designated. C. Applicable Criteria - Zone Change 1. The City Council finds that sections 15 and 16 of the Woodburn Zoning Ordinance address zone change procedure:;. 2. The City Council rinds thc►t. SPac:if ic•al ly, to support a zona change the applicant must: (a) Show there is a need for the use proposed, (b) show that the particular piece of property In question will meet that need. Section 16.080(6), Woodburn 'Luning Ordinance. 111. CONCLUSIONS OF LAW 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, on the land use inventory made part of the record. 2. The City Council concludes that the subject parcel is not located within one of the three established areas of commercial development as designated in the Comprehensive Plan. 3. The 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. Therefore, commercial development of the subject parcel would violate the Comprehensive Plan policy of development in areas of existing 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 Plan. However, since adequate commercial designated lands are available, commercial developmeit would violate the policy of protection of industrial lands from encroachment by commercial uses. • ATTACHMENT II (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. 10 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 for a 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 for a 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, for a 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). 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. 12 (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 V). 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. (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 for a 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) ADVANTAGESs (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. 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 accommodate mall 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 Commercial would..;remove the only eleven acre Industrial site with the infrastructure in place i.e. water, sewer, storm drain and streets. PUBLIC NEARING 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 proivdes 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 for a 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 11). V.. 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). 16 (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). 11; VI . AMENDED COMPREHENSIVE PLAN GOALS & POLICIES A) COMMERCIAL GOALS, POLICIES & 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 three 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 depth, less than 150 feet, with each parcel containing multiple driveway access points. Whenever possible, the City should encourage or require commercial developments which are designed to allow pedestrians to shop with- out relying on the private automobile to go from shop to shop. Therefore acreage site lots should be encouraged to develop "mall Type" developments that allow a one stop and shop opportunity. Commercial 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 plans policies sheu4d shall be deve4eped observed and-the-stfeets-sbeu4d-fie-4mpfeved- When street improvements occur. The area on State Highway 211 which development, some 35 acres, will pro uses for the City. But before it ca additional right-of-way and widening greatly increased traffic that this To insure the smooth flow of traffic access points onto State Highway 211 Pa. 37, Para. 1). has been set aside for commercial vide future expansion for retail n expand, State Hingway 211 needs of the highway to accommodate the commercial development will generate. by this area only two driveway shall be allowed. (volume i, The primary objective is to improve Highway 99E from its South city limits to the North city limits to accommodate 2 South bound lanes, two North bound lanes with an accompanying center refuge lane and bicycle paths. This would grE�atly enhance traffic flows and decrease the number of vehicular acciftnts. However, a secondary objective to further enhance traffic flows and reduce traffic accidents is to 44f4t reduce the number of driveway access points onto the 99E strip. (Volume I, Pg. 12, Para. 2). That area North of Shop -N -Kart to Industrial Avenue, which is Indust- rial Park on the Comprehensive Plan Map, shall be restricted to two two driveway access points with National Way serving 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. is Over'70 notices were mailed to propdrty 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 #11- 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 trans ortation including mass transit, air, water, pipe ine, 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 rellance 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." CHAPTER 11 RESOURCE INFORMATION 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 generation which will inter- fere with the normal industrial practices. (Volume I, Pg. 26, 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.). 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 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: Turning movements at the Highway 99E/Highway 214/Highway 211 intersections were recorded in July 1984. There were a total of 23,591 vehicles enter- ing the intersection. For the breakdown of turning movements please see the attached diagram. 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 vehicl.es.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). 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 214/Highway 211 intersections were recorded in July 1984. There were a total of 23,591 vehicles enter- ing the intersection. For the breakdown of turning movements please see the attached diagram. 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 vehicl.es.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). 0 t_. A Level of Ser—_ A B :C (Desired Urban Design Level) A E (Capacity is at the divi- sion between E & F) F LEVELS OF SERVICE. FOR SIGUALI7.ED INTERSECTIOwS Type of Traffic Flow Free Flow Stable Flow Comments No vehicle waits longer than one red indication. The number of vehicles waiting through one red indication is increased. Stable Flow Occasionally vehicles may have to wait through more than one red indication. Approaching Unstable Flow Unstable Flow Delays 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 Maneuverabi1 it Turning movements are easily made, and nearly all drivers find freedoi Of operation. Many drivers begin to fi somewhat restricted wits groups of vehicles. Back ups may develop bei turning vehicles. tlost drivers feel somewhat re tricted, but not objecti ably so. Maneuverability is sever limited during short per due to temporary back -UD There are typically long queues of vehicles tira i t- ing upstream of the inter setion. -- Forced' Excessive delay. Nearly Jammed conditions. Back - always considered unsatis- ups from other locations 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. ;j 23 A OREGON STATE HIGHWAY DIVIS16N TRAFFIC ENGINEERING SECTION TWENTY-FOUR HOUR VEHICULAR VOLUME 1, DATE TP2y../.�'.C.!4/u� D A Y O F W E E K 7.'�uezfillv..tato. ".•/............. ACTUAL COUNT (VEH.) ..../4............ HRS. HOURS COUNTED ..fi.!.`:!'.. lQ. "'........... PEDESTRIAN COUNT .....f6 .............. HRS. HOURS COUNTED . A, . ../.Q.. WEATHER .�r..�.Qar: ;o�•%....:.k.......... To----------- F -_ ON - S 3,Z4 -- 6w n 0- M F E-- f/IkiyL :rs /y0-� I Remarks: .26 --_ j 7I v i CITY R COUNTY .( o95�hyr-�*f ............. 1 INTERSECTION OF4S�.kwS:E:.It`??,� MILE P0SY k.,-.3! �gX.ryo<.... 9f •,,�.C!��,... o:a?� CLASSIFICATION��..QCIilr$.................. Ped. !o No. y TOTAL VEHICLES ENTERING INTERSECTION 2 / 100 NORTH cNreple SOUTH CATERING FROM /AS `- EAST a W[ST To bola Ila- - - - --- Sy k >-Qf-iw►i -"`l6 / -->- 113 STREET OR AVE. Indicate North j a -h) 0 0 wW >\ \ W tr 3 N t 4� (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.outfall, 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. 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 Progres's 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. CHAPTER 111 FINDINGS & CONCLUSIONS LAND USES DESIGNATED IN PLAN - ACRES AVAILABLE FOR AVAILABLE FOR USE DEVELOPMENT DEVELOPMENT TOTAL PLAN IN 1980 IN 1985 Commercial 430 259 * 172 (63% under one acre Industrial 671 326 * 335 * Approximation Available for Development - includes vacant lots and those under utilized. THEORETICAL LAND NEEDS TO YEAR 2000 URBAN LAND NEEDS ACTUAL AVAILABLE IN ACRES 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. S0�_ Woodburn Comprehensive Plan Vol. I, P9.19, Table 3. 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 frontage 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 for a 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 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. 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 thosepropertiesamend 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 Vol.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). M 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 Commercial 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 FINDINGS & CONCLUSIONS (CON'T.) (g) Maintains existing zoning designation IC (Industrial Commercial) and further restricts retail use. (h) Encourages access from National Way and discourage access to 99E with some additional uses if they are "Industrial Like" in the IC zone. (i) The IC zone identifies a land use designation that provides a transition between manufacturing and retail sales. The manu- facturer now has the opportunity to utilize a portion of the building site for retail sales outlet for his manufactured pro- duct. (j) 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. (k) Optional business's are also eliminated i.e. auto sales lots and car wash facilities have also been removed. (1) By limiting retail sales to manufactureres to a percentage of the total gross floor area (20%) the manufacturing and not retail sales remains the dominant use. (Q) FINDINGS & CONCLUSIONS OF LOT 4 OF MAP 1 (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 accommo- date mall development that could be complimentary to the Commercial development to the East. (c) There is approximately 336 acres of land available for Industrial development. (d) There are presently Comprehensive Plan Goals and Policies that con- flict with a land use amendment change to Commercial. (e) 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. (f) Specific conditions are necessary so°that conflicts with the Com- prehensive Goals and Policies do not occur. Those being (a) Limited highway access, (b) Vehicular interconnection points with adjacent Commercial uses, and (c) Signalation. (g) Justifications can be made to amend specific policies in the Compre- hensive Plan thereby making allowance for a Commercial use in this area. (h) If the alternative policies were adopted (VII amended Comprehensive Plan Goals and Policies attached) the following would occur. (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 Policies would be in harmony. (i) See Findings of Fact for Approval. (Attachment II). 29 WOODBURN ZONING ORDINANCE CHAPTER 33 IC INDUSTRIAL COMMERCIAL DISTRICT 33.010. Use 33.020. Retail Sales Prohibited 33.030. Pollution Authority 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 Required ATTACHMENT I CHAPTER 33 - IC INDUSTRIAL COMMERCIAL DISTRICT Findings of ApIAWal May 10, 1984 Page 5 (b) The subject parcel is located on a well arterial with access improved to a major collector street. (c) The size of the property will development, which will allow permit mall -type pedestrians to go from shop to shop without relying on automobile transportation. 4. Sewer, water, and storm drainage facilities re available to the property. :i 5• The proposed change would encourage more immediate development and would be beneficial to the economy of the City of Woodburn. b• A public need exists for a substantial commercial site, centrally located within the City on major arterial access, which will permit a mall -type development. 7. A public need exists for a diversity of entertainment facilities within the community. 8. The subject parcel will meet the need by reason of its location and ability to be developeds and by reason of its designation by Moyer Theatres as the o within the city limits. nly desirable site 9. The parcel has been designated for indutitriai development for over 10 years. Industry prefers to develop 'cin the interior of an industrial park, away from primary public visibility. Other industrially zoned property remain:; available away from primary arteries. Therefore, it is unlikely that this ten acre parcel can be developed as presently designated within the foretice;rble future. 10. The City Council concludes that tine Comprehensive Plan amendment complies with Statewide Planning Coal 2 (Land Use Planning) in that it is consistent with the Woodburn Comprehensive Plan for the reasons stated above. 11. The City Council concludes that the Comprehensive Plari amendment complies with Statewide Planning Coal 9 (Economy of the State) in that it develops and makes productive a parcel which is designated industrial but is suited for commercial development for the reasons stated above. Actual development of the parcel will enhance the economy of Woodburn, Marion County and the State of Oregon 12. Finally, the City Council concludes that conditions have changed since the last designation of this parcel, as follows: (a) The West Woodburn 100 acre industiral park and the 75 acre North Front Street industrial park have been annexed to the City, providing an additional inventory of available industrial land. ATTACHMENT II Findings of Approval 16 May 10, 1984 Page 3 (b) Policies for Commercial Land Dcvrlo ment The City's policies for commercial land found on pages 24 and 25 of develo Comprehensive Plan, Volumc I of pment are Policy 1 states the Woodburn at all times, Ir:rve sufficient 1an;l tolaccomaleit it needs of Y should, the City and the' surrouncfin; the retail presently has threemajorcommcrcialarket area. The City interchange, and the downtown area." areas; 99 E. I-5 Policy 2 states that "lands for high traffic should be located on well -improved rr generatin should F uses provide the necessarytc�rfals• The uses to ImClorlate their impact on thefarterialContrstreets.,#ol needed Policy 3 states that "strip" zonin], should be discouraged as a most unproductive form of commercial land Whenever possible, the City should encourage development. commercial developments which ;rCe or require pedestrians to shop without re] in, designed to allow CO go from shop to slro y L "r' Private automobiles commercial development r Commercial developments or private automobile sh:rllahecdiscouns rr �h require the use of the i, c cl . (c) Policies and Coals for Trans ort:rtion Woodburn's ];oals and set forthon Policies re;;arding transportation are p:►i,cs 29 and Comprehensive Plan. The '30 of Vo]ume 1 of Woodburn' City's goal s iti „ safe, efficient means of circulation withintthe cit. for a provide for safe transport through the city." of gout];; or Y. and to persons moving The City's the policies with regard to transportation encourage orderly development of accomodate traffic flows and major arterial streets arteries. Pedestrian andcycle to the sif;nal.iz rtion of major arterial and collector streets. �cce..ti i; to 1'e 1)rovided on 4• The City Council finds that the Comprehensive Plan Amendment must be in compliance with the various elements of the Comprehensive Plan narrative. These elements are as follows: (a) the sewer system element, (b) the water system element, (c) the storm drainage element, element, (e) the housing(d) the transportation element, element, and (f) the economic 5• The City Council finds that Woodburn's Comprehensive has been acknowledged b Plan Development Commission, Nev rtheless,atlhe Citnservation and that the plan amendment must comply w Y Council finds .Statewide Coals and Guidelines. p y itl� the applicable ATTACHMENT II EXHIBIT "A" FINDINGS OF APPROVAL, I• NATURE OF PROCEEDINGS On March 22, 1984, tilt- Woodburn ""11111i"9 Commission held a Public hearing and took to:itlmony on Comprehensive Pian and Zone Change Case No, 84-01. On April 5, 1984, the Planning Commission adopted findings of approval in this case. At the applicants' request a de novo public hearing; was held before the Woodburn City Council on April 23, 1984, The public hearing was closed and the Council acted, by motion, to draft proposed findings of to direct sCaff apprc>• for its review and discussion at the Council's May 14, 1984, meeting. II. FINDINGS OF FACT acs 1• The facts concerning; this application arc, c.0ntained in the public testimony heard before the Woodburn City Council on April 23, 1984, including;, but not limited to, report witlr attachments which wa:e intrerchrcecl in , t cShnt record at the time of the Itearing. 2. .1'1rt 5ubjte't pnre'c•1 c�unlafns :rpl,r•r. r,im:rtt•ly 10 aeras of undeveloped real property lying; on the northeast corner of the intersection of State iiig;hway ?I4 (Mr. Ilood Avenue) and Progress Way, in the cityOregon. of Woodburn, Marion County, 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 Wary, by the Portland General Electric Woodburn District Center, and on Che east by a commercial complex, including; Family Federal Savings arta Loan Associatic,n, Shari's Restaurant, Payless Drug Store and Safeway Crocery Store. 4. The subject parcel has been cicsig;n:rttd on Woodburn's Comprehensive Plan Map as Industrial and is zoned IP in accordance therewith. It has been included by identification in the Woodburn Industrial Park, and is at the present time undeveloped. 11 ATTACHMENT II OODBURN ZONING ORDINANCE (j) Motor freight terminal offices; (k) Professional offices for: (1) Accounting, auditing and bookkeeping services; (2) Artists, authors, lecturers, etc.; (3) Engineers and architects; (4) Non-profit educational and scientific research agencies; (5) Lawyers; (6) Medical and dental laboratories; (7) Medical, dental and other allied professionnl Offices and clinics. Optometrists primarily engaged in the prescribing rather than the selling of eye glasses are included. (8) Mortuary. Sectio 28.020. Conditional Uses. When authorize under the proced re provided for Conditional Usen In thin O Inance, the follo wi uses will be permitted in a CO Ointrict: (a) adio and Television stations and at on; (b) Ra io and Television transmitter ations, towers and Pipe to vision pick-up facilities (pr vate); (c) Tele one And telegraph commun' at ion favi 1 it ies; (d) Mobile home parks; (e) [coat, c mpr.r and trailer storage nren or lot when developed as rescribed in Se ion 22.030(d). (f) Barber aho n; (9) Beauty shops (h) Veter innry c•I ic:s. Section 28.030. Optional n i nensea. Optional hun i nesnex may be conducted in n CVth(-r c s an incidental or necondnry use to n main use when d nd entered only from within the building, providlan exterior cli"Pl.,%y or advertisement except for n namnot ov r two square feet in area, and not more than one -he fIoo nren of one ntory in clevotec! to such use or use^uc•h htildinc; he but only one• ntory in height, then notin oncr-fo rth of the• floor arc•:, thereof shall be devotedu.^.e or une , nn fol lows: (a) F:ati 9 Anse• (not drive• -in. rc•:ctaurantr,, c-:�(c•:; (rn,iy serve1 guar) c atc•r� rn, t,ox 1 unch hrov ids r:c; c of feu .ho, inincl roorr.n and tc :, room .; (h)/"c•w de -11 or.:, nc•w :.:t..n,'.: . Scct,.6n 2C.0.1o. 11eight, Wfl..rc- the 1,ui lc. i tn t c, r ::t r uc•t urs- or ATTACHMENT I CHAPTER 28 - CO - COMMERCIAL OF•I'10E DISTRICT rnCF: 2 R . 1 WOODBURN ZONING ORDINANCE (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 properties or streets. Section 33.100. 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 33.090. Site Plan Review Re uired. Site Plan Review shall be required or 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. ATTACHMENT I CHAPTER 33 - IC INDUSTRIAL COMMERCIAL DISTRICT WOODBURN ZONING ORDINANCE 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) Any use permitted under Section 28.010 (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; (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 Prohibited. Retail sales of goods to the general public are prohibited in an IC District. Section 33.030. Pollution Authority Approval. All uses specified in Section 33.010 and 33.040 or Section 34.020 and 34.030 or Section 35.010 and 35.030 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, noise, 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 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 FINDINGS OF DENIAL Findings of Denial June 19, 19H4 Page 3 Q) Policies for Commercial Land Development The City's policies for commercial land development are found on pages 24 and 25 of Volume I of the Woodburn Comprehensive Plan. Policy I states that "the City should, at all times, have,sufficient land to accomodate the retail needs of the City and the surrounding market arca. The City presently has three major commercial areas: 99E, 1-5 interchange, and the downtown a rea , Policy 2 states that "lands for high traffic generating uses should be located on well -improved arterials. The uses should provide the necessary traffic control devices needed to ameliorate their impact on the arterial streets:.'' Policy 3 states that "strip" zoning should be discouraged as a most unproductive form of commercial land development. Whenever possible, the City should encourage or require commercial developments which are designed to allow pedestrians to shop 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. (c) Policies; and Goats Cor TransporLation Woodburn's goals and policies regarding transportation are set forth on pages 29 and 30 of Volume I of Woodburn's Comprehensive Plan. The City's goal is "to provide for a safe, efficient means of circulation within the city, and to provide for safe transport of goods or persons; moving through the city." The City's policies with regard to transportation encourage the orderly development of major arterial s:treetN to accomodate traffic (lows and the signalization of major arteries. Pedestrians and bicycle access is to be provided on arterial and collector streets. 4. The City Council finds that the Comprehensive Plan Amendment must be in compliance with the various elements of the Comprehensive Plan narrative. These elements are as follows: (a) the sewer system element, (b) the water system element, (c) the storm drainage element, (d) the transportation element, (e) the housing element, and (f) the economic element. S. The 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 amendment must comply with the applicable Statewide Goals and Guidelines. ATTACHMENT II Findings of Deni;cl June 19, 1984 Page 2 4. The subject parcel has been designated on Woodburn's Comprehensive flan Map ;Is Industrial and is zoned 11' in accordance therewith. It has been included by indentification in the Woodburn Industrial Park, and is at the present time undeveloped. 5. The applicant's request that the City of Woodburn amend its Comprehensive Plan Map from Industrial to Commercial use and amend the present Woodburn Zoning Ordinance from lP (Industrial Park) district to CC (Commercial Ceneral) clistrlc•t. B. Applicable Criteria - Comprehensive Pian Amendmen;tp 1 Th" City Coune•11 finds that p:rragr:rplr IX ()f Volurnc• I of the• 1981 Comprehensive flan of the City of Woodburn sets forth the sobstant ive• criteria which rmist he est nbl i :h ed to just f Cy :ui un( ndnit'rri II, (hc (:��uq,rclrenniv( III;"'. A pl;rri . Il;roy;c• n.rr.l Ill - Justified by the introduction by petitioners of a Solid body of evidence tihc,wlnl;: (:r) that the .1111vndmc•rrt is In compl iance with the goals and policies 0l the Comprehensive flan 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 Coals and CuidelInes; and ((I) that there is a plrhl Iv need for the change; 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. The 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 original plan; or (b) conditions have changed which would justify a redesignation of a particular parcel. 3. The Comprehensive Plan lists, on page 51 of Volume 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 for Tndustr.ial Land Use Those policies dealing with industrial land Ilse, as set forth on Pages 25 and 26 of Volume 1 of the Comprehensive 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 clangers. 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 generation problems which would interfere with the use of adjoining industrial land. ATTACHMENT II Findings of Dv"ia) .June 19, 1984 Page 5 6. The City Council ronviudes that the number of vehicle Lrips per day Lhat would probably be generated by the proposed use, a movie theater and retail establishments with 662 parking spaces, Would violate Lhe Comprehensive 1'1.111 which states that Highway 214 should be a limited access highway with low Lraffic generating uses. The Council further concludes that Lhis additional traffic genera- tion would require signalization on 214 and Progress Way resulting In disruption of the traffic flow. 1. The City Council concludes that the applicant, as a matter of law, must show that under the Comprehensive Plan there is a public need for the proposed change in uses. Since retail uses are allowed by land use ordinance to occupy a number of vacant sites already designated for commercial use and since the record reflects that adequate commercial sites are available (SSV land "sv invvntory), Lhe Council further concludes Lhat the applicant diel not carry the burden of proof in showing public• need. 8. The City Council concludes that although the applicant contended that the subject parcel provides the best exposure, and that certain of the intended uses require a large amount of exposure Lo traffic, no convincing; evidence was introduced to adequately suhsLantiaty those slatvmvnis. 9. The City Council concludes that the 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 industrial use. The Council concludes, based on the record, that a substantial number of industrial uses can utilize the applicant's site. These are identified in the Woodburn Zoning Ordinance, Chapter 34, Section 34.010 (A) through (C) and Section 34.030, Conditional Uses (A) through (D). 10. The City Council concludes that the applicant failed to prove that there was a mistake made in drafting the Comprehensive Plan. II. The City Council concludes LhaL Lhe "pplicanL failed Lo bear the burden of showing that conditions in the land use of the area have changed Lu the extent LhaL a redesig"aLion of Lha property is necessary. 12. The 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 avnilable with adequate services. A1Lhough Lhe proposed development of 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 Findings of Denial June 19, 1984 Vage 4 6. 'I'lie City Council f inds that there imist be :i pub]. is need for the proposed plan amendment. 1. The City Council finds that to amend the Comprehensive Plan it must be shown that the subject parcel best suits the public need. 8. The City Council finds that to justify a comprehensive plan change it must be shown that the subject parcel cannot be suitably used as it is presently designated. C. Applicable Criteria - Zone Change 1. The City Council finds that sections 15 and 16 of the Woodburn Zoning Ordinance address zone change procedure::. 2. The City Council finds that, spc-(:ifi(-ally, to support a forte change the applicant must: (a) show there f.s a need for the use proposed, (b) show that the particular piece of property In question will meet that need. Section 16.080(b), Woodburn 'Luning Ordinance. III. CONCLUSIONS OF LAW 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, on the land use inventory made part of the record. 2. The City Council concludes that the subject parcel is not located within one of the three established areas of commercial development as designated in the Comprehensive Plan. 3. Tile City Council concludes that the proposed commercial element of the subject parcel constitutes strip zoning as it is defined in the Comprehensive Plan. 4. Tile City Council concludes that a greater amount of "commercial" designated lands with services exists than "industrial" designated lands with services. Therefore, commercial development of the subject parcel would violate the Comprehensive Plan policy of development in areas of existing 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 Plan. however, since adequate commercial designated lands are available, commercial development would violate the policy of protection of industrial lands from encroachment by commercial uses. • ATTACHMENT II 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 NOTICE OF PUBLIC HEARING AFFECTING THIS AREA KA A D 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�n1 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 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 (b) (c) (d) (e) 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; ATTACHMENT V (charter, local, highway, CHAPTER 33 - IC INDUSTRIAL COMMERCIAL DISTRICT PAGE 33.2 CHAPTER 33 IC INDUSTRIAL COMMERCIAL DISTRICT 33.010 .Use 33.0.20 Retail Sales Restricted 33.030 Pollution Authorit 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 Re uired AMENDED ATTACHMENT V CHAPTER 33 - IC INDUSTRIAL COMMERCIAL DISTRICT PAGE 33.1 ,� xA"o,,.l1 s =r�=j0 i Iwo OL ow a& EW ONE ■■■■■■■ f FA .wool 6 ■■■■■■■■■■■■■ ■■■.■■■■■■■■ ■■M■■■■■■■■ ■■■■■■■■■■■■■ ■■■■■■■■■■■■■ ■■.,■■■■■■■■■■ iiwii■■mm mom ■■v.■■■■■■■■■ ■■+r■■■■■■■■■■o NON�mm�������� ■■■■■■■■■■■�� ■..■■■■■■■■■■ ■■■■■■■■■■■■■ ®®®E®®i®®ii®� ■■FY ■T■■�■■■■■■ X (1) Wood and lumber products processings, (m) Farm tractors and equipment; (n) Laboratory equipment; (o) Boat manufacature; (p) Bottling company; (q) Tire manufacture. manufacture and storage; Section 33.050. Hefight. . 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 requited adjacent to a railroad right-of-way, siping 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 IC District, which front yard on every lot in an 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 CO co , x �t�t ntmtn+, p zrr� --� I,--, K AvE „ z CD 0 m m CJ/J1 , n - " fllR m M m m - fl ARA l O �� /` Al %ANORAC , �` `♦ Z f I I ns ^ rrf I I � I \ �j � I , nuununuuun; PKI i i I mc h \ I w4p O I \\ \ y °a I O ID q I z z I � O n Q. C7 U J ,=arm, 1 1=9 Woo I vanamanmil • inl�e/Ill��a�.. 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