Ordinance 1923COUNCIL BILL No. 887
ORDINANCE No. 1923
AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN MAP AND RECLASSIFYING CERTAIN
PROPERTY LOCATED ADJACENT TO AND ON THE NORTH SIDE OF STATE HIGHWAY 214 FROM
IP (INDUSTRIAL PARK) TO CG (COMMERCIAL GENERAL) AND DECLARING APJ 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 Four, 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 (Indistrial Park) to CG (Com-
mercial 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 hereto 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. 887
ORDINANCE No. 1923
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.
Passed by City Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST: f. ~ ~ .~F`. r__ ,;
`B`A NEY ~0. F URRIS, Recorder
City of Woodburn, Oregon
August 12, 1985
August 14, 1985
August 14, 1985
August 14, 1985
Page 2 - COUNCIL BILL No. 887
ORDINANCE No. 1923
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'EXHIBIT "A"
Y'
C A T ,
BACKGROUND INFORMATION
EXHIBIT "B"
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 Nearing
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
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 Li4ht 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 Ylide 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 ya 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 Commercial activities while changing 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.
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 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).
Commercial 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 B-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, Pg.37, Para. 1).
(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 in 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.
6
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 lo~~ted 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).
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).
n
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.
(3) The Comprehensive Plan and Zoning Map must be amended to a
Commercial designation rather than its present Industrial
F 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 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 Or finance 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 allo~v
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
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 identif9~d'n
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 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) ADVANTAGE5~
(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
1) ADVANTAGES:
3i
(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 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 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 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).
i~
~•• 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
those State laws that are applicable anduinsuretlocaludecisions
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).
l~
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 tH~ee four major commercial areas: 99E, I-5
Interchange, aid 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 drivewa 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 p}aps policies
sHea}d shall be deve}eped observed apd-tHe-stweets-sbea}d-be-}r~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 Highway 99E from its South cit
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 greatly enhance traffic flows and decrease
the number of vehicular accidents.
However, a secondary objective to further enhance traffic flows and
reduce traffic accidents is to }}~}t reduce the number of drivewa
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 Wav 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. l8
Over '70 notices were mai 1 ed to prope`rty':
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 transportation 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 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 (g) 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 P'uF'al to ut^ban land use."
~~
6) 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:
1980 1982 1984
HIGHWAY 914
Just West of Highway 99E
HIGHWAY 211
Just East of Highway 99E
9,100 ADT 9,300 9,100
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
2:5,880 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).
~~
,~.
::
:+
~~
:>
.;•
t~
t'~.
.~;
:,
'1
i~~
} j:
.~
Level of
S e r---- v i c e
A
B
=~C
(Desired
Urban Design
Level j
0
E
(Capacity is
at the divi-
sion between
E b F)
i
.,•.
F
...~ -...erfi:G$SE
LEVELS OF SEFVICE. FOtt S1Gt1ALt7.Ep t,"ITi:RSECTtOws
rYpe of
Traffic Flow
Free Flow
Stable Floty
Comments
Ito vehicle cva i is longer
than one red indication.
The number o f vef~i cl es
waiting through one red
indication is increased.
Stable Flow Occasional]
Y vehicles
• may have to wait through
more than one red
indication.
Approaching
Unstable
Flow •
Unstable
Flow
Forced
:. r•r^
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
Mane--~ra_bi 1 i t
Turning movements are
easily made, and near]
all drivers find frees
of operation.
Many drivers begin to
somewhat restricted wi
groups of vehicles.
Back ups may develop b,
turning vehicles. t1os1
drivers feel somewhat r
tricted, but not object
ably so.
t4aneuvera hi 1 i ty i s save
limited during short pe
due to temporary back-u~
There are typically long
queues o f veh i cl es ti•!a i t-
ing stream of the rote.
setion. 7 -'
Excessive delay. Nearly Jammed conditions.
always considered unsatis- u Back-
factor ps from other locations
Y• May occur only may restrict or prevent
during P.M. peak hours
during summer months in movement of vehicles at
recreational areas, the intersection under
consideration.
231
~~~ f,,~ ,
: ~~'.~OREGON STATE HIGHWAY DIVISI(itV
TRAFFIC ENGINEERING SECTION
t
I
/~ I
I
w I
r I
~~
y~
To -------- ---
k
TWENTY- FOUR HOUR VEHICULAR VOLUM E
I /- ~~
DATE ~v~1,5/../.~~!:V.!:!~~ Z3CPr.N~J.l.~B~/
f7AY OF WEEK7.`h~~;~. t!'fo.~~./...........
ACTUAL COUNT (VEH,) ....1~............ HRS.
HOURS COUNTED .~~!.`.!'....IPI~''............
PEDESTRIAN COUNT ...../.~ .............. HRS.
HOURS COUNTED .~.f~~`.'~'..~P..~.`.?............
WEATHER . .ear..- ~4.sr:~.l :..l~.R..:.~.........
~-
~~B_I.LL91_
L~~„
N ~L
1
`
-~6--
-'
3 -"
c~-- ~l~vyL *~ /yo-~
Remarks: 1`2 [1osty - -_ ~
~~ c~u_ •~ ~ Z ~{ /rte 1
I
!io_/~-_ ------- I
.. ~,. iox---- ~
v~
t°
CITY R COUNTY .1~1.o~!?~rn* .....................
ILNTERSECTION OF ~4~t~..N'.~5:~:.1:~~/.`:h,~~
s7/.~f~:'l:?.:5~/~w~„~c!~ ~/~!O ~orttl`/~..£..(IG%X!1:
.~J.:~:z ~J.~Z. !y~:..~ ~~,% ~Dri . Z ~. ~.~ . ...............
......
MILE POSrt,l.:~..3!:7oxiyo~....~9~~~~/~~.....Q;Q?
.....
CLASSIFICATION ....~!'..~QC~filr$ ..................
~I
N1
1I
i
i 9~1 ~ I
~I ~i
~ '
~~ i
~~ al n
~ -tea
~! ~ I
(~_1 I
M~` ~I
1 I
~1
I
~1
~1
1
t
I
ziy "~
J ~i
I
i
t
~~
~~
No. Y.
TOTAL VCHIC~E!
CNTCRINO
INT[RlCCTtON ~ / IOC
CNTCRINO FROM C O~ ~~
NORTH a ~OVTN J
CNTCRINO IROM ^z ~
EAlT a w1raT /~
To l~olalla_------
Zpj~
N _5y
~~2
~~~ 2~~~i
i ~y _
ficv~i ~ ~6 ~ -~
STREET OR AVE.
Indicate
North
U
R~~'~.
(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.
25
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 R~rogres~$ Way would also serve L-ot 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" diamete-° 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 propertl~es in the discussion area can be tied and adequately
serviced by this system.
24
cH~, ~~~
FINDINGS S~ CONCLUSIONS
~ LAND USES DESIGNATED IN PLAN -ACRES
~V,ILABLE FOR AVAILABLE FOR
DEVELOPMENT DEVELOPMENT
USE TOTAL PLAN IN 1980 IN 1985
Commercial 430 ~ 259 * 172 (63% under one acr
Industrial 671 326 * 335
* Approximation
Available for Development - includes vacant lots and those
under utilized.
THEORETICAL LAND NEEDS TO YEAR 2000
URBAN LAND NEEDS
IN ACRES
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 fo.r Commercial use.
If. it is the intention of the Commission/Council tu~~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~potentia
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 P'!an Vol. I, Pg.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.
28
,6
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
contro] 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).
(J) Lot IV is to be used
connected with the as Commercial only if it can
access Safeway/payless com 1eX, be inter-
lineu (°nly-one onto Highway 214 for the The driveway
p with Mt. Jefferson Avenue and one accessronpprcel~ to
carculation~when shomote internal rather than
externalgtraffic
pp~ng in the 11 acre Payless/Safeway complex.
(R) FINDINGS & CONCLUSIONS OF LOT 5 OF MAP 1
(a) As identified in
Attachment I Retail uses
ationntosCommerc~alercial are not
zone. By amendin allowed in an
would convert from General the two existinggretaijand use design_
non-conforming to permitted o businesses
(b) The high level of site visibilit utright uses.
traffic makes these parcels attractive hfornCo rsection b
(c) The clusterin -rnnercial useseh1cular
business in close Commercial uses at the intersection
. proximity. compliments
~d) The intersection when improved
vehicular traffic than will be able to accommodate more
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 ~ay~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 reta it 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 Yard s
33.110. Site Plan Review Required
ATTACHMENT I
CE{APTER 33 - IC INDUSTRIAL COMMERCIAL DISTRICT
CHAPTER IV
WOODBURN ZONING ORDINANCE
(f) Wood and lumber products processing, manufacture and
storage.
Section 33.058. 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 h-edge
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
C[iAPTER 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 28.810 (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 manu£~acture;
(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;
~~) ~'~~ ~w~~ ~~v~ ATTACHMENT I
CHAPTER 33 - IC INDUSTRIAL COMMERCIAL DISTRICT
- -._-._-- WQODBS1RtL_ ZON T NC ORDI-NANO- -- --- ------- -. _ _._ _ __ _ _ .-.-- -
S tion 28.A10. ac. Within a CO Commercia ice District,. no
bull , structure, or premises sh a used, orronged, or
designed be used, erected, a urelly altered, or enlarged,
except for on more oft of losing uses:
(a) Any use m ttte n RM District;
( e-schools, nurseries end kin ns;
-~ (c) Non-profit memborshtp organization officca and
fecilittea:
(1) Ouainesa eaaociotion officca;
(2) Labor unions end atmilor labor organization
Uses from (C) ofCicea end tecilitioa;
through (K) (3) Political or9entzntion officus ancf hoodquartcra;
(d) Profcaatonol memhc•reship or•I.~ni zet ion, officca
and facilitloa;
(d) ITotcl a and motol a;
(a) Perking lot when devolopnci nn pr r.rsc-rihref in Chapter 10;
(f) Contracting buainoaa officca;
(g) Service business office for:
(1) Oond ing company;
(2) Detective agency;
(~) Drafting acrvicc;
(~) Nailing, mailing )fat, acldre:satng rtc~rvice;
(5) Neaa aynd icntca;
(6) Notary public;
(7) Stenographic acrvicc•;
(8) Telephono ensurer ing acre Ice;
(h) Financial, Inauroncr. and reel estate officca for:
(1) Adjustment and collection aq~ncics;
(2) Elenka;
(1) Connumer reporttncl a~cncics, credit ncicnc-!cs
other then banks;
(4) Insurance carriers end ngenta, brokers end
acrvicc agencies;
(S) Inaurenco compnniees, mnin or brunch;
(~) Rcal catatr compnnicn (acl l inc;, mnnnry ing, tit ]c•
:ceorch, subdivision or devcloPmcnt compnnirs, c•Ic.);
(7) Combination caul c•tttntc•, inaurnncc, lonn or ln~+
off ices (those compnnic~:c cfoin<I any combinnt ion of thc•
above, but none predominantly);
(8) Secur l t•/ and commodity hroke•r:e, clr•n 1 cr a,
cxchnngca end scrvicc•z, ho tdinc~ nncl nthc•r inv~stm~nc
companies;
(~) Titles nh.tract rn:nt,.~nic-::;
(1~) Trust c•ompnnirz;
(i) t.it,orntory-seed ancf ~:oi 1 t~•::t inc., r.•::c•.~rrc:;
ATTACHMENT I
C1111i'TF:R 2A - CO - COMMERCIAL OF'FtCE I)iSTRICT
rnc:F: ze.z
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 33.1P10. 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.P19P1. Site Plan Review Re uired. Site Plan Review
shall be required or all uildings, structures, or premises
used, arranged or designed to be used, erected, structurally
altered or enlarged in accordance with the provisions of Chapter
11.
ATT1~f~tEnT I
CHAPTER 33 - IC INDUSTRIAIL COtiMERCIAL DISTRICT
FINDINGS OF APPROVAL
WOOOSURN ZONING OROINJINCE
(j) Motor freight terminal offices;
(k) Professional offices for:
(1) Accounting, auditing and bookkeeping Rervices;
(2) Artists, authors, lecturez, otc.;
(3) Fng sneers and architects;
(~) Non-profit educational and scientific research
egcncies;
(S) Lawyora;
(6) Medical and dontal laboratories;
(7) Medicol, dental and other ollicd profoaafon~l
offlcoa end cl inica. Optomctr iata pr imar i 1 y cngegcd
in the proscribing rathor then tho`aelling of eye
glasses are lncludod.
.._~.,~._._.;,. (8) Mortuary .
Sectio 28.820. Conditionol Jana. whop euthorizc under the
proud ro provided for Cond i t ions l Uaea i n thin 0 i nenco, tho
follow! uses will be p~rmittod in a CO Ointrlct:
(a) l~edio end Television stations and attx~oa;
(b) Ra So end Tcloviaion tronamittor etlona, towers and
pipe to vision pick-up fecilitica (pr vote);
(c) Tc•lo one encl tr•Icgrnph commun at ion f.~c-!t iti~t;
(d) Mobi lc home parka;
(e) Uoat, c mpr.r and treilrc atoregr droa or lot when
developed as rcacrlbcd in So lon 22.A30(d).
(f) l3arbcr aho~a;
(q) Reauty shops
(h) Vc•tor innry c•1 l~iiczti
Sect ion 28.C~t`. O t i one 1 a i noaaea. Opt i ona 1 t,u:s i n<::~:tc•tt mey bc•
conducted in a CO nlatr c tt an incidental or ac•condnry uac to ~
mein une when conduct d nd ontered only from wlthln the
building, provided thc•r !a n exterior dlspl,y or .,ctvrrtis+~m.•nt
except for a name pla not ov r two square feoc in .~rc•.i, ,nc) not
more ttssn ono-hal! o thc• floo rroh of one :story i:s cf~votcc! to
such uar, or uac•a, b st i f ^uc•h ht i lc!!n~ hc• but only nnc• :story in
height, then not rc• thin one>-fo rth of thc• floor arc•.ti th~rc•af
ah;all bc> clovotcd o gwr.h u.e or use as follows:
(e) Fati g [~lar.~•:: (not c)rivc•-in. rc•:tt~s~r.~nt., ~:~(~•:;, (m,iy
srrvr` I qunr) , c-ntc•r.•rn, t,ox 1 unc~h rrov ic!~•r:c; c•~f f~v
also, :. , . i n i nil r onm n i ncl t ,•:~ room . ;
(h)~".•w:: cl~•.~ t c•r::, nc•w.^..:t.tn~'.: .
Sec:tj.t5n 28.~A('. sleight. t•:h.•r~ t hc• t,ui lcl sn~~ car ::t ru.•t ur~• .,r
ATTACWMEFIT I
CFfAPTI:R 28 - CO - COMMF.RCIAt. n~'I'ICF: DISTRICT I'/~C:F: 7A.1
Findings of nPProvnl
May !0, 1984
Page 2
5 . 'I'h c
applicants reyucst drat
Comprehensive plan Dla the City c,f k'oo<lburn
amend Lire P from Inclustrl:rl amend
(Industrial present Woodburn to Commercial its
Park) di /'~n t nl; Ordinance use and
district. strict to from
CC (Commercial IP
General)
Criteria -Cam rc•hrns i vc•
1. The Cit `~-- 1'1-- a-n Am_crd_men~.
1981 Y council finds chic
Comprehensive Plan of parai;rr'Ph IX of Volume l
the substantive Lire Ci t • c,f of the
justify rrn criteria } Woodburn sets forth
amendment which must be established
rh:rnl;c• must be to the Cumprc•hcrrrsive ,
of justffiod to
a sol id body by the intr„ctu<•t ic,rr I tin. q Plan
• is In c'f c•vid<•nce showirrj,. (rr 1iY (rctttiuncrs
con•,F I ianec with the l;o;r l s
ComPrc~hensive ) that the ;rmendment
in com plan narrative; and 'rnd policies
Plan Pliance with the various elemcn~.;tor~t the amendmentthc
narrative; and (c) ttrat is
with the Statewide the amendment Lire Cornprehcnsivc
is a Public Coals and CuidcliJ1cs. is in com 1
need for the chap ~ and P Lance
suits that public rc: and (d) that there
suit:rbl need; and (~) chat the land
Y used as it is (f) that the land best
presently dc,5ignit~d. cannot be
z. the city council
maY also be finds that a Comprehensive
that either;just ificd by a detccmin-rtic>n Ilan amendment
original (a) a mistake was
plan; or made in the'draf
justify a redesi (b) conditions have [ing of the
Snation of ~~ changed which would
3• The p Particular Parr..cl,
• Com rehensive Plan lists
criteria which must be on p;rbc 5l of
plan amendment addressed Volume 1
and policies and Tl1eSe criteria constitSCefY a comprehensive
are ns follows; the CSty's goals
(a) Policies for Indus
trial Land
Those Use
forth policies deal in
on Pages 25 g with industrial
Plan narrative and 26 of Volume 1 land use, as
Woodburn ~ advocate of Lire Comprehensive
which will industry within
alocation which Provide Lire city of
will a lrc:rl tlry •job market
void environ provide
manta ease' of :recess and in
1 dangers, wlriclr will
Attention
develo la co
pment u br given to the visa:i 1
buffers. Pun arterial streets, 1mlract of
The industrial industial
attention park by tire. 'rPPropriate use of
industrial is to be given cc,rrcel,t is favored
land to avoid commcrcinl Ind
industrial which might cithc.r encroachment on
lands to increase oc crrrrse
problems which w result in the Price of
industrial ould trai-
land, interfere with fie generation
the use of adjoining
ATTACHMENT II!
--------~_
EXHIBIT "A..
FI\pINGS OF APPROVAi.
I• NATURE OF PROCEEDJNCS
On March 22, 1984, ll'tc Woodburn Plannin}; Commission held a
Public hcaring and took to:;timony on (;omprehcnsivc Plan and 7.onc
Change Case No. 84-01. On April S, 1984, t}te Planning Commission
adopted findings of approval in this case.
At the applicants' request a do nuvu i,ublic ht~drin}; was held
before the Woodburn City Council ern April 23, 1984. The public
hearing was closed artd the Counci] acted, by motion, to direct staff
to draft proposed findin};s of approval f<,r its: rc•vlew and discussion
at the Council's May 14, 1984, meetinP,.
II. FINDINGS OF FACT
A, Facts
1. The facts concerning this applicaCion are <~~ntained in the
public testimony heard before the Woodburn City Council on
April 23, 1984, inc.ludinl;, but not limited to, the staff
report w(th atla<•hmrnt:; which wa:; inlr~,rluced tncr> that
record at Chc time of the hcarfn{;.
2, ,'i'Itc sub,je~•t p:rrc•c•1 c~unlaln:; appr„r,imatc•ly 10 acru:: of
undeveloped real property lyin}; on the northeast corner of
the intersection of State lliphway 7.14 (Mt. Hood Avcnuc) and
Progress Way, in the City of Wood},urn. Marion County,
Oregon.
3. The subject parcel is bordered on the north by a certified
public accountant's office and a mini-stnrare facility, on
the west, across Progress Way, by the Portland General
Electric Woodburn District Center, and on the east by a
commercial complex, includin}; Family Federal Savings and
Loan Associati<,n, Shari's Rest:ruranl, Payless Drug Store and
Safeway Grocery Store,
4. The subject parcel has begin desit;n:ttc:d on Woodburn's
Comprehensive Plan t•Jap as Industrial and is zoned IP in
accordance therewith. It has been included by identification
in the Woodburn Industrial Park, :tad is :tt the present time
undeveloped.
ATTACHMENT II
'=~i.
Findings of Appal
May 10, 198~i
Page 5
(b) The subject parcel is located on a well impcoved
arterial wit}r access [o a m:r,jor collector street.
(c) The size of the property will permit mall-type
development, which will allow pedestrians to go from
shop to shop without rclyinf; on automobile
transportation.
4• Sewer, w;,ter, and storm drainage facilities ;rre available
to the property.
5• The proposed change would encour;rf;c more immedi:rcc
development and would be benef ic•i:rl to t1,c economy of tt~e
City of Woodburn.
6• A public need exists for a substantial commercial. site,
centrally located within the City on rnn,jor :rrtcrial. 7c.ccss,
which will permit a mall-type development.
7• A public need exists for a diversify of entert;-inment
facilities within the community.
8• The subject parcel will meet t}re need by reason of its
location and ability to be developed, and by reasori of its
designation by Moyer Theatres as tt~c only desirable site
within the city limits.
9. 1'he parcel has been detiignnted for industrial <Icvclopment for
ewer 10 years. Industry prefers to develop 'c,n the interior
of an industrial park, away from primary public visibility.
Other industrially ronecl property re~main:s available away
from primary arteries. Therefore, ft is unlikely that this
ten acre parcel can be developed as presently designated
wltltin the fuce:;ee;rble [uture.
10. The City Council concludes that tl,c Comprehensive Plan /
amendment complies with Statewide Planning Coal 2 (Land Use `
Planning) in Chat it is consistent witty the Woodburn
Comprehensive Plan for the reasons stated above.
11. The City Council concludes that the Comprehensive Plan
amendment complies with Statewide Plnnninf; Goal 9 O;conomy
of the State) in that it develops and mnkcs productive a
parcel which is designated industrial but is suited for
commercial development for the reasons stated above. Actual
development of the paTCel will enhance the economy of
Woodburn.. Marion County sand 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 industrral park and the 75
acre North Front Street industrial park have been
annexed to the City, providing an additional
inventory of avail;~ble industrial land.
ATTACNMEN'r II
- - - ~~,
Findings of Apl~al
May 10. 1984
Page 5
fib) The subject parcel is located on a well improved
arterial witlt access to a major collector street.
(~) The size of the property will
development. which will allow pe.rmlt mall-type
pedestrians to go from
transportation .op without relying on automobile
4• Sewer, w;t[er, and storm drainage facilities are av<ilable
to the property.
S • The proposed cltanf;c woo l d
development and would be bcncf ie,inl cttc,ge more [mmediatc
City of Woodburn. tl1e economy of ttte
h• A public need exists for a substantial commercial. site,
centrally looted within the City on m:r.jor ~rtertal access.
which will permit a mall-type development.
~• A public need exists for a diversity oC en[er[ainment
facilities within the community.
8• The subject parcel will meet t}te need by reason of its
. location and ability to be developed, <~nd by reason of its
designation by Moyer Theatres as the only desirable siCc
within Che city Itmlts.
9. The parcel has been desif;nntrd for industrial development for
over !0 years. Industry prc(c•r5 to develop 'ott the interior
of an industrial park, away from primar
Other industriall Y Public visibility.
from r Y ronecl property remain:; <~v:tilable away
p imary arteries. Therefore, ft is unlikely that this
ten acre parcel can be developed as presently designated
witltitt the foreseeable future.
10. The City Council concludes that the Comprehensive Plan
amendment complies with Statewide Pl~ttrifrtg Coai 2 (Land (!se
Planning) in that it is consistent with the Woodburn
Comprehensive Plan for the reasons stated above.
11. The City Council concludes that the Com reltensive
amendment complies wit}t Statewide Pl:rnnini; Coal 9 Plar,
of the State) in that it develops and mikes productive ma
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 industrral park and the 75
acre Nortlt Front Street industrial park have been
annexed to the City. providing an additional
inventory of available industrial land.
ATTACHMENT II
~ h'ind In ,,,
!" of Approval
May 10. 1984
page 4
6• The City Council
the Pro oscd finds that there
P plan amendment, must be y
I. The Cit Public need for
Y Council finds that to amend
Public
it ~s~eed• shown that the subject the Comprehensive
Parcel best Plan
8• The Cit suits the
than Y Council finds
~° 1t mast chat
Y used shown
suitabl bo that o lrr,~t i f), '~ romPrcltcrtsive
thr parcel plrtn
as it is presently designated, cannot be
~~licable
Criteria ?.one
--- ---_~C ft a n j _c.
1 • '!'!re City Cuunc i 1
Woodbur l irrda
n Zuninl; Ord' tfurt s~•ct iurr;:
tnnnc•e address 1S :rnd IG u!
1. '1•Itc, Ci t ronc~ ch:rn ~~ the
Y Cuurtcll F, procedures,
change' the findv that
a ~
use proposedPl licant must: (.~) hshowr`•:r11Y. tr, x,rppc,rt •,
(b) show that thr there: is :r need for't/hc
!u qurstion wil! rnvr•t
Zonis th;r Pnrt tr.ul ir Picc•e of
8 Ordinance, t rt«c!. Sect ivrr Property
16.080(b)~ Woodburn
III. CONCLUSIONS
~~ OF LAW
1.
desiCity Council concludes
8nated fctr industrial iliac adequate
Comprehensive development land has been
the C1tY Ca Land Use Plan Ma
the 2000 P to meet Projected °odburn's
acres per hundred Yc'~r
Population (i.c.. 23,000 Popul~tionceds of
~a) Rail e9rral 529 acres,) at 2.3
(b) The transportation
location is unavail;iblc
the impact of adjacent to State I1iCQ this Pa reel.
(c) The industrial gltw'tY 214
existence of use open Prtblic m:rximizes
of Chis quasi-comrncrci;rl visibility.
side parcel and of resldentlaluscs un three
. isolates this sides
the industrial Parcel use on the fourth
Park concept cxciStirffective inclusion in
(d) The redesil;nation
will !' tc' nor
hive minimal of this P:rr•cel for the th.
Park to effec commercial
the t upon r lre cx ist !n , use
generation rtorth with rc~l;;rrd to ~ industrial
• increased industrial 'adverse
otherwise, traffic
land values, or
3• The amendment of
subject the Land Use
parcel will Plan Map with
Comprehensive Plan c°nform to the l;o;tlS regard to the
for commercial develo',rnd policies of the
(a) The lment:
redesignation of
establish this Parcel
a new commercial as COQjmercial
be an extention of area will not
the to Woodburn, but will
991;-214 commercial area.
ATTACHMENT I I
,.--
Findings of Approval
May 10, 198~i
Page 3
b) Pul icier fc~r Cc>mmcrcial Land Devclopmcrnt
The City's policies for commercial land development arc
found on pages Z4 and 25 of Volume 1 of the Woodburn
Comprehensive Plan. Policy 1 states that "the City should,
at all times, have sufficient land to accomodate the recall
needs of the City and tho surroundinf; market area. The City
presently leas three major commercial areas: 99 E, I-S
interchange, and the downtown area."
Policy 2 states that "lands for high traffic 3;encratinF; uses
should be lucated on well-imprnvecJ arterials. The uses
should provide the necessary traffir. control devices needed
to ameloria[e their impact can the arterial streets."
Policy 3 scales 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 whic}r :rre clesirned to allow
pedestrians to shop without rclyln}; ern private automobiles
to go from shop to shop. Commercial. development, or
commercial development patterns which require the use of the
private automobile shall he di5courai;ecl."
(c) Policies and Coals for 'Trans ort:rtion
Woodburn's goals and policies rei;arding transportation arc
set forth on pai;cs 29 and 30 ~f Vcrlumc 1 of Woodburn's
Comprehensive Plan. The City's goal i:; "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 streets to
accomodate traffic flows and the signal.ization of major
arteries. Pedestrian and bicycle accc::s is to be provided on
arterial and collector streets.
4. Tl~e City Council finds that t1~e Comprc~lrensive Plan Amendment
must be in compliance with the various elements of lire
Comprehensive Plan narrative. These elements are as follows:
(a) [he sewer system element, (b) the water system clement,
(c) the storm drainage element, (d) the transportation
element, (e) tl~e housing element, and (f) the economic
element.
5. 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 wit}i the applicable
.Statewide Coals and Cuidalines.
ATTACWMENT II
Findings of Approval.
May 10, 1984
Page G
(b) The general economy oC the United Stated, the State of
OreF;o~. the Willamette Valley, and the City oC
Woodburn has moved from an inflationary. fast
development trend which encouraged expansion and
relocation of existing; industrfes. and the
establishment of new industYics, t~ ~ conservative,
hold-the-line trend with rcg;:rrd to industrial l;rowth.
Some previous industry within the City has closed its
doors because of these ecomunic factors`:;"
Therefore, if these conditiun> would have existed at
the Cimc of the last Comprchentiivc Plan update, thi;
parcel could have been favuraLly considered fc,r
commercial development.
ATTACHMENT II