Ordinance 1922COUNCIL BILL No. 886
ORDINANCE No. 1922
AN ORDINAP~CE AMENDING THE COMPREHENSIVE PLAN MAP AND RECLASSIFYING CERTAIN
PROPERTY LOCATED ADJACENT TO AND ON THE SOUTH SIDE OF STATE HIGHWAY 214
FROM RM (MULTI-FAMILY RESIDENTIAL) TO CG (COMMERCIAL GENERAL) AND CO (COM-
MERCIAL OFFICE) AND DECLARING AN EMERGENCY.
WHEREAS, the Woodburn Comprehensive Plan and P1ap 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 One, 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 Multi-Family to a Commercial designation.
f
Section 3. The Zoning designation of said real property is hereby
reclassified from its present designation of RM (Multi-Family Residential)
to CG (Commercial General) and CO (Commercial Office).
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 GILL No. 886
ORDINANCE No. 1922
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:
City Attorney
l~ ~- ~J
Date
APPROVED: ~"`'
WILLIAM COSTINE, P~AYOR
Passed by City Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST: ~`~~'
-~`.? -~'
"" BARNEY~ 0.~ URRI~S, Recorder
City of Woodburn, Oregon
August 12, 1985
August 14, 1985
August 14, 1985
August 14, 1985
Page 2 - COUNCIL BILL No. 886
ORDINANCE No. 1922
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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
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
PAGE S
E s
BACKGROUNG INFORMATION
z
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 YJide Planning Goals. This
plan is intended to guide the development of Woodburn for the next
20 years. However the Planning process is continuous for no plan can
foresee all the technological, economic and social changes that could
occur in this time frame that can have affect on reshaping a community.
Therefore from time to time changes in the plan are necessary but these
changes have to be justified by a solid body of evidence to substanti-
ate the change(s) and maintain compliance with the State and Local Land
Use Laws.
Since working with the existing Comprehensive Land Use Plan adopted in
1981 the Planning staff, Commission and City Council have been constantly
approached to amend the Land Use Designation, in particular, in one area
of our City. That being the intersection properties adjoining State
Highway 214/211 and 99E. An area outlined on Map Ia 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.
I. EXISTING LAND USE DESIGNATIONS:
A) COMPREHENSIVE PLAN LAND USE MAP
The Comprehensive Plan Map provides for broad generalized
land use descriptions. On Map I three land use designa-
tions are identified. Those being Industrial, Commercial
and Multi-Family Residential. Within the confines of these
map designations there exists a level of uniformity in land
uses that relate to that particular designation. For example,
shopping centers are allowed in only Commercial designated
areas.
B) ZONING MAP DESIGNATIONS AND USES
The Zoning Map is subordinate :to the Comprehensive Plan Map.
For instance, where the Comprehensive Plan Land Use Map identi-
fies property for Industrial use the Zoning Map provides a more
detailed description of land uses. A Comprehensive Map desig-
nation of Industrial means the zoning map must identify it as
either an Industrial Park District (IP), Industrial Light Dis-
trict (IL), Industrial-High Technology District (IH) or Industrial
Commercial District (IC). Therefore the two land use maps main-
tain similarity. To change the Zoning Map to reflect another land
use such as Commercial would result in a land use designation con-
flict between the two maps. As a point of iaw 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 (f4ap I) has compiled a list of
goals, policies and objectives from the Comprehensive Plan that
will-have to be reviewed and/or possibly amended if any land use
designation changes are made. It is imperative, as stated pre-
viously, that all the written goals, policies and objectives
coincide with the land use planning maps.
The following statements from the Comprehensive Plan Volume I,
in Planning staff's opinion, are those that would have the most
impact on any map amendments in the area of discussion. Depend-
ing on the wishes of the Commission or Council these goals and
policies may or may not have to be amended to remain compatible
with the potential land use map revisions.
A) COMMERCIAL GOALS, POLICIES AND STATEMENTS
The City should at all times have sufficient land to
accommodate the retail needs of the City and the sur-
rounding market area. The City presently has three
major commercial. areas: 99E, I-5 Interchange, and
the downtown area. No new areas should be established.
(Volume I, Pg.24, Item B-1).
Lands for high traffic generating uses (shopping centers,
malls, restaurants, etc.) should be located on well im-
proved arterials. The uses should provide the necessary
traffic control devices needed to ameliorate their impact
on the arterial streets. (Volume I, Pg.25, Item B-2).
Strip zoning should be discouraged as a most unproductive
form of commercial land development. Whenever possible,
the City should encourage or require commercial develop-
ments which are designed to allow pedestrians to shop with-
out relying on the private automobile to go from shop to
shop. Commercial developments or commercial development
patterns which require the use of the private automobile
shall be discouraged. (Volume I, Pg.25, Item B-3).
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 6-6).
The second large commercial area which has developed in the
City is the commercial strip along Highway 99E and the develop-
ment along the intersections of State Highway 99E, State High-
way 214 and State Highway 211. The strip zoning along 99E has
caused many problems in the City of Woodburn as far as traffic
flow and traffic safety on the State Highway. This is because
this type of development is the least efficient use of com-
mercial land and highway frontage. While there is little which
can be done with the areas which have already been developed,
some of this will be redeveloping in the future, especially
North of Lincoln Street. Access control plans should be
developed and the streets should be improved North of Hard-
castle Avenue before further development is allowed.. The
area on State Highway 21h 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).
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 Tand 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 bee n; sold to industrial developers. It is expected
that in the next two to three years the remainder of the
industrial lahd 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.).
4
C) HOUSING GOALS ,. POLICIES AND STATEMENTS
High traffic generating non-residential uses should
not be located in such a manner as to increase traffic
flows on residential streets or residential collectors.
(Volume I, Pg.24, Item A-8).
Industrial and Commercial uses which locate adjacent to
residential area should buffer their use by screening
and design control, and should be controlled with suf-
ficient setback so as their location will not adversely
affect the residential areas.
(Volume I, Pg. 24, Item A-9).
High density residential areas should be located so as
to minimize the possible deleterious effects on adjacent
low density residential developments. When high density
and low density areas abut, density should decrease in
those areas immediately adjacent to low density residential
land. Whenever possible, buffering should be practiced by
such means as landscaping, sight-obscuring fences and hedges,
and increased setbacks.
(Volume I, Pg. 24, Item A-10).
III. HISTORY
A) EXISTING LAND USE DESIGNATIONS
The City Council adopted the Comprehensive Plan and Map in
1979. The plan and map,in turn, was acknowledged as~meeting
all state land use laws by the State Land Conservation and
Development Commission in 1981. No land use map changes
have taken place for the area of discussion since adoption
(Map I). However, there have been several proposals by
interested parties and/or property owners to revise the
land use designations for properties in this area since
adoption. Because the area designated on Map I has caused
a inordinant number of requests for change in comparison to
all other areas of the City, the Planning staff feels a
re-evaluation of land use designations in this area is in
order.
Presently the discussion area is made up of three land use
types Industrial, Commercial and Multi-Family Residential.
On the Zoning Map this is further refined to reflect IP
(Industrial Park) CG (Commercial General) IC (Industrial
Commercial) and RD (Residential Duplex).
6) 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).
(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.
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.
In Planning Staff's opinion a more logical transition of land uses would
prevail if this property were to be amended from a Commercial designation
to an Industrial use.
1) ADVANTAGES:
(a) The 30 acre parcel would become an extension of an existing
Industrial land use to the West.
(b) It would increase the total industrial base inventory by 30
acres.
(c) The map amendment would provide fora large block of Indus-
trial land when coupled with the existing Industrial pro-
perties to the West which consists of approximately 10 acres.
(d) The Industrial designation would perpetrate the development
of Industrial uses to the "fringe" of the city limits.
(e) The land use change amendment would remove a disjointed Com-
mercial use from the fringe of the City.
(f) Although not a land use finding the affected property owners
would still realize comparable monetary worth of their gro-
pe rty.
(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 NEARING DISCUSSION: LOTS 2 OF MAP I
(a) Maintain the existing Comprehensive Plan Map designation of
Commercial.
(b) REASONS:
1
(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) LOTS 3 OF MAP I
That area North of the Payless/Safeway complex to both sides of Industrial
Avenue on the West side of State Highway 99E is designated Industrial use
on the Comprehensive Plan Map and IC (Industrial Commercial) on the Zoning
Map. The primary criteria for location of a business in this zone was one
in which retail uses are prohibited. (See Attachment I).
The focus of discussion of the IC (Industrial Commercial District) is
whether the intent of this zone designation is to compliment Industrial
or Commercial uses. Initially when this zone was incorporated in- to the
Zoning Ordinance the primary intent was to provide an opportunity for
Industrial manufacturers an opportunity to wholesale products at their
sites. However this zone has within it two commercial activities i.e.
Shop and Kart and Lennon Implement. It is staff's understanding these
uses are non-conforming.
Therefore, the issue of the allowing Commercial land use in an Industrial
zone brings into question the entire existence of the IC zone code in its
present form. Under our Zoning Ordinance it is not permitted to allow
Commercial uses in an Industrial zone. (See Attachment I).
Staff's concerns in regards to Commercial intrusion into the IC zone are
also borne out by John Fregonese the previous Planning Director who add-
ressed this issue in an earlier staff report and is captured in the follow-
ing quotes.
"In staff's opinion, development of this area as Commercial would
be much more detrimental to the City in terms of its transporta-
tion system than if it were to develop as Industrial. The Insti-
tute of Transportation Engineer's informational report "Trip
Generation" states that fora standard Industrial Park trip gene-
ration rates would be 9.4 vehicles/hour/acre between 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, fora car sales as compared to an Industrial Park would be
eight times as large. In staff's opinion this would be an unneces-
sary burden to place on the already dangerous and overloaded State
Highway 99E ....
However, the proposed amendment to the plan, adding car lots to
the IP zone as a conditional use, does not appear logical. This
is the only way we could see to allow a zone change promised by
the Council to continue for the specific use requested, while
protecting the area from other Commercial uses. However it does
not seem to fit into the purpose and intent of the zone code for
the Industrial Park
.t..
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.
- I
-- (1-) Commercial uses arelnot allowed in the Industrial zone.
(2) The IC (Industrial Commercial) zone specifically prohibits
Commercial uses. (33.020).
9
(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 de elopment or storage of materials.
(C) Modify the IC zone to reflect only those uses identifi~d`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.
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 confusion 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.
(6) 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
1) ADVANTAGES:
°3:~
(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 P]an 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 II).
(B) Maintain the existing land use and zoning designations.
(1) See Findings of Fact for Denial. (Attachment II).
(2) See Comprehensive Plan Goals and Policies Chapter I,
Section 11 of Discussion Paper.
(C) Amend the Comprehensive Plan Map to Commercial and the Zon-
ing Map to CG (Commercial General).
(D) REASONS:
(1) Same as stated in Advantages (a)-(b).
(2) Justifications can be made to amend specific policies in
the Comprehensive Plan thereby making allowance 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) ADVANTAGES
(a) As identified in Attachment I Retail uses are not allowed in an
IC (Industrial Commercial) zone. By amending the land use design-
~tion 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 o'f Commercial uses at the intersection compliments
business in close proximity.
I
(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).
t-
~•• 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).
1~
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 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 reliance upon any one mode of transportation;
(5) minimize adverse asocial, 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 coAnprehensive 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 ~'u~al to urban land use."
17
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 tkwee four major commercial areas: 99E, I-5
Interchange, apd 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 pTaes policies
sHea~d shall be deve~eped observed apd-tHe-streets-sbea~d-be-~~p~eved-
When street improvements occur.
The area on State Highway 211 which has been set aside for commercial
development, some 35 acres, will provide future expansion for retail
uses for the City. But `before it can expand, State Hingway 211 needs
additional right-of-way and widening of the highway to accommodate the
greatly increased traffic that this commercial development will generate.
To insure the smooth flow of traffic b this area onl two driveway
access oints onto State Hi hwa 211 shall be allowed. Volume I,
Pg. 37, Para. 1
The primary objective is to improyeHighway 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 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 drivewa access oints with National Wa servin as the main access
with 99E as an alternate. Volume '~I, Pg. 12 .
NOTE: That which is marked out is previous wording and the underlined portion
is the recommended; changes in language.
18
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.).
l
~~
CHAPTER II
I. TRAFFIC CIRCULATION
The State Highway Division monitors traffic volumes at specific points
along state highways on an annual basis. Traffic volumes on Highway
214, Highway 211 and Highway 99E at points around the four corners area
for 1980, 1982 and 1984 are listed below:
1980 1982 1984
HIGHWAY 214
Just West of Highway 99E 9,100 ADT 9,300 9,100
HIGHWAY 211
Just East of Highway 99E 4,300 4,750 5,800
HIGHWAY 99E
Just South of Highway 211/214 14,900 14,800 17,500
Just North of Highway 211/214 10,100 10,300 11,900
Turning movements at the Highway 99E/Highway 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).
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 deve]opment, 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-
tfvities 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
shou.Td 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
4
' ~ 1. ^ l.•
~~`~OREGON STATE HIGHWAY DIVISICiIV
TRAFFIC ENGINEERING SECTION
TWENTY- FOUR HOUR VEHICULAR VOLUM E
//n,~,l ,
DATE ~.~,1,~/..t~.4.~~~ z~PI.N~~.~18`/
..;
fl A Y U F W E E K 7.7i~~t;~. t!.`fa:::~./ ...........
ACTUAL COUNT (VEH.) ....1~............ HRS.
HOURS COUNTED .~1.4~'....lP.~:''............
PEDESTRIAN COUNT .....~~ .............. HRS.
HOURS COUNTED .~.A~`.'~'../.Q.R..'`~............
WEATHER ~~ar..-:~Q~l..._~%~
t
I
TI
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i
1 I
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To -----------
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Hwy ~ eyo-Z~
E Remarks: 112~1otri! --_ ~
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a. M
CITY R COUNTY .t~1l.4?c;~~J.vr'I.~y~ ....................~.
INTERSECTION OF ~4¢!G.!~:rwS:~:.lt:~~/`??,~/.;
~.F~~'.Y. P.: S~/!w~aw.;yi.,/• ~/4!O ~orc sl`/~ll £.. (I~X:1-
.~~7.4.Z..Nk'~:.#~~,I ~Or'4.2 ~ ~.1 ......................
MILE POS~!.:~..3.! ~gX.iyo<..,~9~~ ~/~~.....A.:a?~
CLASSIFICATION ~~s!..l/..QC~fi t.$ ..................
N1
~ 11
I i I
I 9~G I
~I ~
~~ ~ ~~ t^~
Ped.
eo
Ped.
9 9~
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M., ~`I ~'t z ~ y ~~11
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~ I
t
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No.
TOTAL V[HICIEa
CNTERINO 23 S~'/
(NT[RJCCTtON
7:
100
LNTCRINO l~ROM S ~b i r
NORTH d aoIJTH ~ J
[NT[RINO IROM$. /RS 3,~
[AaT s wCaT
To l~o la ~~~ - - - - - -
~---- z8~
N _Sv_~
~.
-~. ~~~ Zc~ii
-~.~. i ~y
~_
fi~i~`16e~
O STREET OR AVE.
It,dicate
North
j
a
0
wW
~ W
Q:
N
~ ,~,~
~~
;~
f
r,:
.;
~~
~`.
.~ .
:r
Level of
Ser_ ~tce
A
6
=~C
~0°sired
Urban Design
Level)
D
E
(Capacity is
at the divi-
sion between
E b F)
.~.
. ~ F
~.~
..
'4
..~- _~..r[::Lair
LEVELS OF SERVICE. FOR S1Gt~gE[7.Ep t;~t~:RSECttOPrs
Type of
Traffic Floty
Free Flow
Sta bl a Flow
Comments
No vehicle cvaits longer
than one red indication.
The number o f vef~i cl es
waiting through one red
indication is increased.
Stable Flot°r Occasionally vehicles
° may have to wa i t through
more than one red
indication.
Approaching
Unstabl e
Flow
Unstabl e
Flow
Oeiays 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
ManMan____ewera bi 1 i
Turning movements are
easily made, and pearl
all drivers find freed
of operation,
f?any drivers begin to
somewhat restricted wi
groups of vehicles.
Back ups may develop b
turning vehicles- Most
drivers feel somewhat r
tricted, but not object
ably s®,
t4aneuverabil i ty is seve
limited during short pe
due to temporary back-u
There are typically long
queues of vehicles trait-
in9 upstream of the irate
setion. ~ -'
Forced' Excessive dela
Y• Nearly Jammed conditions.
always considered unsatis- ups from other locateons
factory. May occur only may restrict or prevent
during P.M, peak hours movement of vehicles at
during summer months in
recreational areas, the intersection under
consideration.
23~
II. WATER, SEWER AND STORM DRAINAGE (MAP III)
The public facility infrastructure (water, sewer, storm drainage
and streets) has a strong influence on an areas ability to acccom-
modate new growth for a limitation of one service such as water,
no matter how adequate the other services, could be a limiting
factor on an areas ability to realize its full growth potential.
It is the Public Works and Planning Staff's opinion that any land
use revisions as those recommended can be accommodated. However
there could be costs incurred by the prospective developers depend-
ing in the level of service that could require facility improve-
ments. The following is a synopsis of the existing public facilities
with general observations as to their ability to provide service to
this area.
(A) WATER:
A 12" water main runs on the South side of State Highway 214
(Mount Hood Avenue) to the 214/99E intersection. A 10" line
crosses Highway 214 continues North on Progress Way. Another
8" water line crosses State Highway 214 at the Westerly end
of the Safeway/Payless complex and services that area. The
10" main on Rrogres~S Way would also serve L-o~ 1 and_Lgt:
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" gravi ~ sewer line comes from McLaren to State Highway
211 which p seeds West. on Highway 214 to a lift station on
the South si, a 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 Stree~ lift station through an 18" force main to the
Wastewater reatment Plant.
All properties in the discussion area can be tied and adequately
serviced by this system.
24
(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
~ LAND USES DESIGNATED IN PLAN -ACRES
f~VRILABLE FOR AVAILABLE FOR
DEVELOPMENT DEVELOPMENT
USE TOTAL PLAN IN 1980 IN 1985
Commercial 430
Industrial 671
259 * 172 (63~ under one acre
326 * 335
* Approximation
Available for Development - includes vacant lots and those
under utilized.
THEORETICAL LAND NEEDS TO YEAR 2000
URBAN LAND NEEDS
IN ACRES
COMMERCIAL
23,000 persons @
1.86 acre/100
population
428
INDUSTRIAL
23,000 @ 2.30 acre
100 population -
185 units
344
ACTUAL AVAILABLE
IN PLAN
430
671
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'iare available for Industrial development
while 172 ac res~(63~.unde.r one; acre) are available for Commercial use.
If it~is the intention of the.~omm~ission/Council tA~amend the Industrial
designated Lots 4 and 5 of MapII to Commercial such action would reduce
the lands available for.Indust~ial use from 335 to 315 acres and raise
the Commercial lads 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. I
In staff's opinion the improvement of these properties could be a. potential
burden along the 99E strip withleven more driveway access points. The
impact of this being the rise ~nlaccident rates and additional disruption
of traffic flows.
SOURCE: Woodburn Comprehensive Phan Vol. I, Pg.l9, Table 3.
FINDINGS & CONCLUSIONS
yb
(A) The City of Woodburn's Comprehensive Plan (Volume I, Pg. 51-52)
calls for periodic review of all land use planning ordinances
and/or amendments to the plan when applicable.
(B) The proposed land use changes (Lots 1,4, & 5 Maps) to Commercial
use would not constitute strip development as defined by the
proposed Goal Amendments (Pg. 14-A 2nd Para.).
(C) All properties (Lots 1,4, & 5 Map I) amended to Commercial are
with the Commercial area described in the amended Goal state-
ment (Pg. 14-A, 1st Para.).
(D) Either Commercial or Industrial designations for those properties
amend to Commercial use (Lots 1,4 & 5 Map I) would satisfy the
City's Economic Goals.
(E) Over half (63%) of the Commercial acreage available for develop-
ment is under one acre in size. The proposed amendments to Com-
mercial insure an adequate number of acreage size properties to
accommodate mall developments. (Chapter II, Pg. 22, Staff Report).
(F) Public facilities in respect to water, sewer and storm drain can
be provided or are in place to the. proposed sites. (Chapter II,
Pg. 23, Staff Report).
(G) Public hearings were held in accordance with Chapters 7 and 16 of
the Woodburn Zoning Ordinance and State Goal #2 "Land Use Planning".
(H) The proposed land use amendments will reduce the industrial land
inventory by 20 acres. Ten of those acres (Lot 4 Map III) has
water and sewer services available to the site.
(I) The theoretical land use needs for Industrial, Commercial and Resi-
dential land availability.. as described in the Comprehensive Plan
are still met with the proposed amendments. (Chapter II, Pg. 22,
Staff Report).
(J) The future State Highway Improvements of 99E/211/214 -are so designed
to accommodate the proposed land use designations (Chapter II, Pgs.
16-19, Staff Report, Comprehensive Plan Transportation Element Vo1.I).
(K) The City of Woodburn's recently adopted (April 22, 1985) a Transport-
ation Plan that provides for limited State Highway driveway access to
control ingress/egress to insure minimum disruption of traffic flows
on these highways.
(L) The proposed Comprehensive Plan, Zoning Map Amendments to Lots 1, 4
and 5 of Map I would not be in conflict with adjoining land uses.
(M) In the case where CO (Commercial Office) (Lot I of Map I) would be
allowed adjacent to Single Family Residential the Comprehensive Plan
states that such uses can be compatible when adequately buffered and
landscaped. (Vol. I, Pg. 25, Item B-6).
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 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 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 orb State Highway 211 (2 lanes with a third
refuge lane).
(c) By not amending the land use designation the present land use
designation on the Comprehensive Plan Map is maintained.
(P) FINDINGS & CONCLUSIONS OF LOT 3 OF MAP 1
(a) Maintains the. existing Comprehensive Plan Map designation of IP
(Industrial Park.).
(b) Maintains the existing zoning designation IC (Industrial Commercial)
and its land uses.
(c) Preserves this area for small lot Industrial developments that want
highway visibility.
(d) Maintains the only IC designated lands left in the City.
(e) Limits the number of potential driveway access points onto 99E.
Restricting access to this highway no more penalizing than for
the Industrial Park users.
(f) Site Plan Review Chapter 11 of the Woodburn Zoning Ordinance can
insure against unsightly development or storage of materials.
28
FINDINGS & CONCLUSIONS (CON'T.)
(g) Maintains existing zoning designation IC (Industrial Commercial)
and further restricts retail use.
(h) Encourages access from National lJay~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) Signa7ation.
(g) Justifications can be made to amend specific policies in the Compre-
hensive Plan thereby making allowance fora 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 Commercia l 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
(J) Lot IV is to be
connected used as Co-n~rcial onl
access with the Safewa
(only one onto Hi hwaaYless complex,~tThen be inter_
lineup with Mt. Jefferson Y 214 for driveway
Way• This Avenue the 1T acre parcel) to
circulations to promote and one access
when sho internal rather than on Progress
(R) FINDINGS Pping to the 1T acre p external
& CONCLUSIONS OF aYless/Safewatraffic
LOT 5 OF MAP 1 Y complex.
~a) As identified
IC (Industrial~CoAttachment I Retail
ation to Co ~erc~al) Zone, uses are not
would ~ercial General the BY amendin allowed in an
convert from g the land use design_
(b) The non-confo two existing retail
high level. ~~n9 to Permitted businesses
traffic oi' site visibilit outright uses.
makes these Y at the intersection
(c) The clusterin Parcels attractive for
9 of Coffer Commercial by vehicular
business vial uses uses.
in close proximity, at the intersection
(dJ The intersection compliments
vehicular traffic when improved will be
than any other able to accommodate
intersection in our cotes more
unity,
~n
~~~
WOODBURN ZONING ORDINANCE
CHAPTER 33
IC
33.019.
33.920.
33.939.
33.049.
33.059.
33.960.
33.970.
33.089.
33.090.
33.100.
33.1Y0.
INDOSTRIAG COMMERCIAL DISTRICT
Use
Retail Sales Prohibited
Pollution Authority Approval
Conditional Uses
Optional Business
Height
Rear and Side Yards
Front Yards
Open Storage Yards
Landscaped Yards
Site Plan Review Required
i
ATTACHMENT I
CHAPTER 33 - IC INDUSTRIAL COMMERCIIAG DISTRICT
WOODBURN ZONING ORDINANCE
Section 33.018. 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 A proval. 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
prod ucts manufacturing;
(b) Metal fabricated products manufacture;
(c) Machinery manufacturing;
(d) Metal working shops;
(e) Petroleum, petroleum products, provided all storage is
underground;
~~~ ~.~~ WAS!-~ ~f~~~ ~ ~-~ ~.S
ATTACHMENT I
CHAPTER 33 - IC INDUSTRIAL COMMERCIAL DISTRICT
WOODBURN ZONING ORDINANCE
(f) Wood and lumber products processing, manufacture and
storage.
Section 33.050. Optional Business. The following uses will be
permitted in a IC District as optional businesses:
(a) The sale of automobiles and small trucks, new or used,
when the following conditions are complied 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;
(S) 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', shal l be paved or gravel led and
maintained at all times in !a dust-free condition; except,
that all automobile and tCuck parking and loading areas
shall be paved, as provided !in Chapter 10.
ATTACHMENT I
CHAPTER 33 - IC INDUSTRIAL COMMERCIAL DISTRICT
WOODBURN ZONING ORDINANCE
(c) Any lighting maintained in conjunction with material and
equipment storage areas shall be so oriented as to not shine
on or reflect into abutting properties or streets.
Section 33.180. Gandscaped 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~im provem ent in
the street right-of-way.
Section 33.090. Site Plan Review Re uired. Site Plan Review
shall be required or a uildings, structures, or premises
used, arranged or designed to be used, erected, structurally
altered or enlarged in accordance with the provisions of Chapter
11.
CHAPTER 33 - ZC
INDUSTRIAL.
I
ATTAG~iMEhT I
COMMERCIAL DISTRICT
_.__.__. WS2OOE3SJRlL_ZONINC OROI-MINCE---_ ._
S tton 28,(110. se. Within a CO Commercta
butl structure or ice District,, no
deal ned ~ premtaes sh a used, ercanged, or
4 be used, erected, a urelly altered
except for on more of t of lowing uses: ~ or enlarged,
(a) Any use mtttc n RM District;
( e-schools, nurseries end kin
ns;
....i='. (c) Non-pro[it mamborahtp organization oEttcea end
Cecilttiea:
(1) Ouaineas oaaociotlon ofCicca;
(2) Labor unions end atmilor labor organization
Uses from (C) otCices end tacilttioa;
through (K) (3) Pollticol organization off (cos ancf headquarters;
(4) ProCcaatonal mcmhrrahlp orry.~ni zet Ion, off tc~a
and facllttloa;
(d)
(p)
(f)
(g)
(h)
(i)
1(otcl a and motel a;
Perking lot when devQloj~rc9 nR pr r.ncrihcci in Chnptcr 10;
Contracting bualnoaa oCficeo;
Sorv ice business off Ice Cor:
(1) Dondinq company;
(2) Detective agency;
(1) Oratting service;
(,) Netl inq, mAil ing list, ecldreinlnry tzorvtcc;
(S) Ncua aynd testes;
(6) Notary public;
(7) Stenographic aecvtcc•;
(B) Telephone answer (ng acrv ice;
Financial, tnaurehcr. end reel estate oCflcen for:
(1) Ad~uatmcnt and col~lcctlon ecJcnClca;
(2) Etenkn; ~
(3) Consumer rcporttlnry arycncic~s, crccfit ,,rycncic•a
other then benkn;
(<) Insurance corricrn and egentn, brokers and
servlcc agencies;
(5) [naurencc cam pAn(oR, meln oc branch;
(~D Rcal entetr compenicn (zcl l inry, menery inry, tit 1 ~
:search, aubdtv(aton or clcvclopmcnt co:npAnjc•s, ~•tc.);
(7) Combination real ntet°, in:~urencc, loAn or IAu
off ices (those compenic~ doinc .,n
.,hove, but none prcdomi ently); Y c°mt~inition of thc•
(8) Seeur t ty encl co mocf i ty t>rokc•r:c, clc•a 1 ern,
rxchengcs end scrvicr`z holdinc; .encf oihc•r invr`;:tmr•nf
romp,,nlcs;
(`~) Tttlc .it,.trirt ro:n(,nir:;;
(1~) Trust r°mp.ini.--:;
L~t,orntory-sc<•d An~f •;°i ~
t~•::t ins;, r~•::c•.~rrf,.
ATTACHMENT I
C11/1[TE:R 2A - CO - CONMERC(/1[, OE'h'(C~ ()(STRICT
rncf: ze.2
WOODBURN ZONTNC ORDINANCE -- --- --- -- ._. - __- __-..
(j) Motor freight terminal offices;
(k) Pro tensional offices for:
(1) Accounting, auditing and bookkeeping Rervicea;
(2) Artists, authors;, lecturez, etc.;
(3) ling ineera and acchi facts;
(,) Non-profit educational and scien.ti[ic research
agencies;
(5) Gawycra;
(6) Ncdicel and dental leboratorlcs;
(7) Medical, dente! end other ollicd proteasion~l
off Sces end cl mica. Optometr iszta pr imar i 1 y engaged
in the preacrlbing tether then the selling of eye
glasses are Included.
--~....-.~_.;. (8) Mortuary
Sectlo 28.020. ~ondittonal 1aea. when authorize under the
proud ro provided for Conditional Uaea i n th l a O I Hence, the
fol loaf uses will be perm ittod in a CO t)f atr ict:
(e) edlo end Telcviaton stations and at oa;
(b) Ra to and Tcleviaton tronamittcr ationa, towers and
pipe to vioton pick-up facilities (pr vote);
(c) Tc•lo onc• anct t~lr~rnf+h commun ation f.~c-i l it it`s;
(d) Mobi lc home parka;
(e) Doat, c mp~r and trailer atoragr area or lot when
developed ea rcacribcd in ~c Ion 22.A)0(d).
(t) Darbcr aho s3;
(q) Reeuty ahoprs
(h) Vc•tor in~ry c•1 iczc•
Sect ion 28.C3t'. O t i one 1 a l Hassey. Opt i on.~ I t>us i nc::t:tc•x may t~c•
conducted In ~ CO piety c r; an inctdcnte! or si~condnry u:sc to ~
mein uxe when conduct d nd entered only from within thc•
building, prow idc•d thc•r ! s n cx to i or cl i K l.. or .,clvc•
except for a name pia Hat ov r two squ.'rcptec•t in .trc•.lrt in Jmnot
more than onc•-half o thc• floe nron of one :rtory Ix <!c•votcc! to
such utsc• or uses, b st i f ^uc•h ht i ic! ink hc• but only onr story in
height, then not r~ thin once-fo rth of thc• !loot arr.ti th~rc•o!
-aha 1 1 b~~ ~clc:votcd o scar, h uz~ or use
n;r tol lows;
(e) F.at i U rl ncc~;: (not clr ivr_
sc•rv~ 1 uo I n. rc•:ct iur.int:., ~:~ fc•:., (m.i
9 r! , ~~tc•rc•ra, t,ox y
slio~ :, .inin• Icrn<~ti Provicl,•r::; c•off~v
7 roomy Inc! t ~•;, r+~om .;
Sect' n ?('.n•l('. Iici~ht. t•:h••r~ t hc• l,ui Icitn•I „r ::t rr,r•t ur,• „r
ATTACHMEfrT I
Cf(l1 PTY.R 28 - CO - COHNERC f A[, nF'I' I CF: t) t STR f CT
rnc:F: 7R . 1
~t~ue~~s of
APPROVAI.
~-
.;? t
EXHIBIT "A'°
FI\'DINCS Ofi APPROVAL,
I• NATURE OF PROCEEDINGS
On March 22, 1984, the Woodburn 1'lannini; Commission held a
Public hearing and took tc•stlmon
Change Case No, t34-O1. On A ril ys on l•oR~p•rc•Itensivc Plan and 7,onc:
adopted findings of approval in this ,casc~4~ ttt`' Plannin
g Commission
At the applicants' request :r do nova 1>ublic hcarin~
before the Woodburn Ci t -- '--- F, was held
hearin was )' Council on April ?3, 1984. The public
g closed and the Council artc•d, by motion
eu draft proposed findIni;s of r to direcC sC:~ff
:rt the Council's May 14, 1984 •pPCO•:al fur itti rc•vicw and discussion
. meeting,
lI. FINDINGS OF FACT
`a- ecs
1• The facts conccrninl; this application arcr r:r,ntaincd in the
public testimony heard be Cure the Woodburn City Council on
April 23, 1984, inc.ludin
report with :rttac•hmcnt:; rwht~crlt w`tv limited to. the staff
record ••tt tho t tmc of lnt rr,rlucc<1 Inen tl,;,t
the hcarin~;,
2. , 1'Itc :;ubJcc't -:rrrc•1
I curd:rln:; :,!'I'r•°jx im:rtc•1
undeveloped real propec[y lylrtf; ort cite nor healsOt corner of
the intersectlnn of Stato Hff;hway J1/,
Progress Way, in the Cit (Mt. (food Avenue) and
Oregon. Y of Woodburn, Marion County,
3. The subject parcel is bordered on the' north b a
public accountant's office and a Y certified
the west, across Progress W:t mini-stnrare facility, ort
Electric.; Wo°dhurn District Ccntvr•rbyan~~ c°~ °rtland Cenerai
comrnerci.~1 <'omplex. includini; ~ the errs[ by a
Loan Assu~iatlurt i':rm11Y Hederal Savings and
. Sh:trt's Restaurant, Paylass Drug Store and
Safeway C:roccry Scare.
4• The subject parcel has been desij;rtrttctd on Woodburn's
Comprehensive Plan t•fap as Industrial and
accordance therewith. It has bean included b is zoned IP in
in the Woodburn Industrial Park;, ;tad is :tt Y identification
undeveloped. tltc present time
,2,~ ATTACHMENT II
Flndinbs of APprov:-1
May J0, 1984
Page 2
5. 7.1-e
:rPPI icants rcyucst cli:rt
Comprehensive Plan t•fa the
amend the preticnt P from Indus Ci ty cco k•uodburn a its
Woodburn t r l:-1 mead
(Industrial Y~,~ • Commecctal
district. Park) dibtrict rnl: Ardinance use and
to CC (C~mmcr fcom [P
cial Central
$• _A~ 1lcable Cr
Ltecia
- Com rc•hc•~sivc' 1'1_ i~m=tdmcnt.
1 • Tltc City Council
1981 finds that pa ragr;r ~--
the Comprcirertslve Plart of Ph 1X of Volume
substantive tiro Ct t}• of Woodburn l of the
justify ;rrt criteria which sets
amcndmc•nt t be
c.t-;-n, • mug eSt~bl forth
of E.c must br just i f tc' thr C~,rnprchc'nsivr , Jshed to
. a tiolld body ic<l by the intr„cluc• [Ian, A
• is c-f c•vicl<•n • e ic,rr (~ Pl~ri
in corr,F l iancc « showi nF;' ) that Y l,ct J t i uncrs
Comprc~hertsive with the (:~ tl-c amendment
in tom Plan narrativc• F~oryis :-rtd policies
Plan Pl fiance with tlrc various ant! (b) t lrat the amendmcrtt the
narrative; and elements of is
with the Statewide (~) that the a Clrc Cornprehensdve
is ® Coals mc•rtdment is in tom
Public need for and Cufdelinca• Pliance
suits chat the than Inc! {d) that
suitabi Public need; ,end fie' 'rnd fe) th:,t there
Y used as it is (f) th:-t the the land best
Presently deli 1'rnd cannot be
2• The bnitcd.
C1tY Council [ands
m:ty also b ,justified b that a
that a Cc,mPrchensivc ~
either; (~) ~ Y a determin~tinrt Ilan amendment
Jusglf a1 plan; or (b)s c nditions,dc in
csi h:rvc ttte'draftln$ of the
Y a red gnation of than
•~ Particular ficd which would
• 3• The Com r Parcel,
P ehensive Plan
criteria which lists
Plan must be address dr to•-bc 51 of Volume 1
amendment. These criteria
justify a co six
and policies and at•e constitute mPrehensive
as follows; the City's goals
{a) Policies fur lndu
strial Land Usc~
Those policies
forth dealing with
ort Pa cs industrial
Plan g 25 and 26 oC Votumc 1 lend
narrative use. as set
Woodburn advocate Industry of the
Cum
alocatlon which w will provide 1- -within tt1ePrchenslvc
avoid whit ~ lthy city of
environm ill provide e;r.,c, job
cntal dan °f~:rc<-ess market in
gcrs, and which will
_ Attention
tti be
dove 1a
to i given to the
buffers ment upon arterial visu''
titrec•tti~ h 1n'l,~ct of tndustial
attention The 'industrial Y t'te ~'PPru
is to 'be P•irk conceal>t is priate use of
industrial land given to avoid favored and
industrial which commc'ci~l
lands; might either encroachment on
Problems ouldrtcrea5c result i •r,c-SC the price: of
which w or
industrial land,' interfere with t e tcalfic generation
use of adjoining
ATTACHMENT III
• Findings of Approval
May 10, 1984
PnRc 3
fib) I'ul dies fur Commercial [,and I)evcrlopment
The City's policies for commercial land develo
found on pages 24 and 25 of Volume 1 of Pment arc
Comprehensive Plan. Folic the Woodburn
at nil times. ti;rve sufficient ylnncl~ drat "Cl,e City should,
needs of the Cfty and t}~~ surrouncllni; m~rkctdarcathc recall
presently leas three major commcrci.~l ~rcas• Tfic City
intercliangc, crud tl~e downtown area," 99 E, 1-S
Policy 2 states that "lands for liigir traffic f;encrating uses
should be located on will-improved :rrtrrials• The uses
should provide tlrc necessary tr:,ffic cc,ntrol devices needed
to ameloriate their impact nn the arterial streets."
Policy 3 states Chat "stri}," xuninj; should be discouraged as
a most unproductive form of commercial land development.
Whenever possible. the Cft
pe or require
commercial developments whicl,hou; c enl`Str,ned
pedestrians to shop without rel tn• r to allow
Co go from shop to slro Y I' "r~ l'rlvatc automobiles
commercial development p' Commercial. <tevelopments or
private automobile shallabeediscou,ral.,requirc the use of tl,e
l,cd .
(~) Policies and Coals for Trans ort:reion
Woodburn 's coals and
set forth on • politics rei;ardini; transport;rtion arc
p.~bes 29 end 30 of Vnlumc 1 of Woodburn's
Comprehensive Plan. Tl-e City's goal is "to provide fur a
safe, efficient means of circulation within the tit
provide for safe transport of goods or y+ and to
through the city." persons moving
The City's policiets with regard to transportation encoura e
the orderly development. of g
accomodate major arterial streets Co
traffic flows and the sil;nal.irntion of major
arteries. Pedes[ri~n and bicycle accc::s is to be provided on
arterial and collector streets.
4• Ttie City Council finds that tt~e Comprc~lrensive 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,
(~) the storm drainage element,
element. (e) tl~e housin (d) the transportation
element. g element, and (f) the economic
5• The City Council finds that Woodburn's Comprehensive P1
has been acknowledged b an
Develo meat Y the I.~nd Conservation and
P ~ommission> Nevertheless, the City Council finds
that the plan amendment must tom 1 w
.Statewide Coals and Cuidalines. P y ith the applicable
ATTACHMENT II
Mayrd~Uri';s198 ^rprov,~l
• page 4 4 ,
6, The Clt
tlrc Y Council Ci ds
Propose n
~• The d plan amendmen'C t tlreCr must be
It Heil r
City Cuu fin a Public need fo
Publ~snee~c shown the t tthc subamend the Com
8. J<<c Parce Prchensive
The 1 best plan
changefitY Council finds suits the
1t aurst be that
suitably us shown to .Justlf•
C. ^ ed as 1t fiy PrQShntl the s y .~ rnmPreh
~---~'~.icable Criteria Y des1~~~tcd• PirceIcrcannot lbc
1 • k'orod `1t~. Council _ tone Ch`.c.
ur
indti
1. n 2uninF, Ordinan,.~, th:r s~•~'t ion::
7'hc• addresti l5 :rnd
clr:rnb I tthc:u '°r'~ rh:r lG ul
~ until f indti th.•, nf;`' pr°cedcrr the
use aPPlica t• ti,..• es,
!n ProPosed~ nt must: J cc. rf ic•:rl l
qucstlorr (b) Show tlra ~.~) show therY• tc~ tiuppurt
Zorr 8 Ord will ct t the P.irtic u is a need 'r 'one
in mr • tlra
l l l • finance, t +reecJ• Scci iurr ,l6 080(b of P ~pertY
--~ CONCLUSION ). Woodburn
S OF LAW
1, .
The City Council
designated cOnclucles
ComPrehensfiV.~r industrial that °`1Qquace
a~rr City to `t'1end Use plan Ma vrlc,l>ment lanU h°' been
es Per hundred year 2000 /i,P.CU mert Pro n Woodburn~s
• POPulation 23.gOq lected needs of
(a) Rall trans equal 529 Pc~Pul.ition
b Por ;
) The trtlo acres.) at 2.3
location n nC unavalJ'r to
tJrc impact °f ad3ace bI~ tlrls
Cc) The findu• to Sta
existence oC Strial to Nighwrr Parcel.
°f rhts quasi-co Se r'Purr prrbli~ 214 maximizes
• side. is°larcel and of res/drei:r7 uses o~lsfibilfitY.
the str tes this parse enttnl use tfrrcc sld
findu es
(d) The 1a1 park l from effe on the fo
will hi~~sigrration f ncept eX i st ir'1>' tctive inclusion r1n
Park to ttrenimal effe~~rirs parcel fpr the north,
generati®n~ north with ~~," rGc~ c•.ci`t (°mmercial use
°therwis°, inc~•eased :, fiarc! to ~ Jndustrial
. 3. ~ 1ndu1tri:rl Iand
adverse tcaCflc
-- - .SUe amendment of I values
bJect the L I ~ or
CO Parcel w• Ind Use Plan
mPrehenslve plan lfOrn~form to ~ Map with
~ommercialre ~l~o:r 1 s :rnd regard to the
(a) The redesi 1 devcloPmentn°Jlcies of the
gnat
establish new n °C this i
a !'a rec 1
be an extension o COfnmerciaJ ~ :rs commercial
f
the 99C-214rca rn Woodburn will nOt
I Icommercial area. but will
ATTACHMENT 11
~~
Findings of Apl
• May 10. 1984 al
Page S
(b) The subject arccl
arterial wit}, access tosa micor°d on
<~ well Improved
(c) The size of the p S collector street.
development. which willo allow will permit mall-type
shop to sho pedestrians to go from
transportation, p without rclyinr on automobile
4• Sewer. w;,tcr, and storm drainage facilities are avails
to tt~e property, ble
5• The prop°sed change would
development and would be r~r1COtjr'rro more
City of Woodburn, bcnef ic•i:rl tc~ immedi:,tc
tl,c economy of the
6• A public nerd
exists for a substantial commercial
centrally located wttt,in the Ctty r,n rn:,~jor ,rturfal :,cress,
which will site,
permit a mall-type devclupm~rrt,
~• A public need exists
facilities within the co for a diversity °f entert;,lnment
mmunity.
8• The subject
• location and abilit will meet the need by reason of
designation b Y to be developed, find b its
Y Moyer Theatres a5 Y reason of its
within tl,rr city limits, tilt only desirable
tiiCc
9. 1'he parcel has been desil;nnted f
over !0 years. or industrial development for
of an industrialIndusCry prefers to cl~~vclop 'r,r~ the Interior
Other industriallpark~ away from primary public visibility,
from Y coned property remain;; available away
primary art<ertes. Therefore, ! t
ten acre parcel c.~n be develo ed aS t` unl Skely that tilts
within the turexce;rblc future, p presently designated
10. The City Council
.concludes that tl,c
amendment complies with Statewide P1anr~irComprehensive
Plannin Plan
8) in that it is consititent wg Coal 2 (Land Usc
Comprehensive Plan for the reasons stated aboweche W°pdburn
11. The City Council
amendment comp]1es Wichludes that the Comprehensive
of the State) in that St`~tewide Plannin}; Goal 9 Plar,
parcel which is designated eindustrianl butt iSproductiveoma
commercial development for the reasons stated above,ted for
development of the parcel w Actual
_ Woodburn. Marion Count end ill enhance the economy of
Y the State of Oregon
12. Finall
cyan ed~ the City Council concludes that
8 since the last conditions have
follows: designation of this parcel, as
(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 available industrial land.
ATTACHMENT II
FlndinPs of gPProval
May 10. 1984
Page G
fib) The general econom
OreJ;on~ the Y of the United St~tcd
Woodburn Willamette Valicy~ end the
has mover! State of
development frum the City of
reloca trend whicfr an inflationar
lion of rncouraged Y' fist
establishment exfstini; [ndus exl,;uiston and
ho1J_ °f new indu~ti-ies~ t~fes~
the-1 i and tt~e
nc trend ith rci;;,rd n conscrvattve~
Some previous industr tO [ndus
doors because of Y within the trial growth,
these rcomonir. C1ty has closed
Thcrc f f~rctors, its
°re. if these
the time of the c°ncti t iun,
las ~ w<,u1<I hav.
parcel could have t Comprehensive P1,i < <xtsced at
commercial dcvelo been favUrabl n update. thi;
pment.- Y considered f~,r
I
i
li
I
ATTACHF~ENT II
_ i
~'IND1~lGS OF DENl1.4L
}'I~U1~GS OF' UENIAI.
I-.--- NATURE OF t'kOCE(;U f NC5
On MarcllLZ, 1984, thcr Woodburn Plannin}; Commission held a public
hc:Iring :Ind took [cstimclny nn Comprchcnsivc• Plan :Ind 7.onc Ch:In};c <:ase
Nu. 84-01. On April S. 1984, the Planning Commission adopted finclin};s
of approval in this case,
At the :Ipl,l ic•nnt's rc•ctue~;t a _<Ic• n1.v_(, ruhl ic• h(•:Irin1; w:Iti hc•Id h~•(cIr•~~
the Woodburn City Council on April 23. 1984. 'fh~ public hcarin(; w:Is
l• 1 11 11'(f :Illdl t lIl' (•1 III fl/' r f :1 ('t 1•(1
l,y m(/t I lln, t 1. rl i r•c•r l r.1 :I f ( t n dr:I (r prnpoea•11
1lndings of approval for its review :md discussion at the Council's
May l4, 1984, mcc[ing.
'fltc mater was, by mot ion, cant inued by thc• Woodburn City Council
.-t its May 14, 1984, mc•c•tiny;•
At the following Council meeting. on ,June !1, f984, the Council
was presented with Council Bill No. 792. a proposed ordinance approving
(hr application in Comprc•hcnsivc Plan :rnd %(Inc• Chan};c~ (:asc• No. 84-01
:Ind •justlfytn}; said :11,pruv:11 with f(rldtn};:: of fart :Ind cot-clusions of
la~+. wl~ercupon Council Bill No. 792 failccl.
1'he Council had additional discussion of the testimony previously
presented :rnd :rcCed, by mot ion, to d i rc•ct the st:If f to prc•p:Ire f in<t in};::
of denial for its review :rt the Council mcctin}; of June 25. 1984.
lI. FINDLNCS OF FACT
A• Facts
1. The facts concerning this applic:Ition are contained in the
publ is test Imuny llcarel bcf<Irc the Woodhurlt (:i ty Collnc i 1 un
April 23, t98~i, including, but not limited to, the staff
report with attachments which was introduced into that record
at the time of Che hearing.
2. Tire subject parcel contains approximately l0 acres of undeveloped
rent property lyin}; on the northc•asC corner cIf the intcrs~ctinn
of State Highway 'L l4 (Mt. Hood 'Avenue) ar-d Progcess Way, in [he
City of Woodburn, Marton County. Orc•y;on.
3. The subject parcel i~s bordered~on the north by a certified
public accountant's ,office and a mini-storage CacLlity, on the
- west, across Progress Way, by Che Portland General Electric
Woodburn District Center, and on the east by a commerci<1l complex.
including Family Fed~cral Savings and T,oan Association, Shari's
Restaurant, Payless bcu};:;tore and Safeway Croccry Store.
ATTACHMENT II
}'findings ui llcni:,l
June 19, ly8/i
l'agc 2
4. The subject parcel has been designated un Woc,dburn's Comprehensive
flan "1:,p ns lndustri:,1 and is zoned I1' in :,c.curdance therewith.
IC has been included by indentificatiun in the Wuo<Ibucn Industrial
Park, and is at the present time undeveloped.
S. The applicant's request that the City of Woodburn amend its
Cc,mprchc•nslve Plan Mop from Industrial to (:ommcrcial use .end
amend the present Woodburn 7.oning Ordinnnce~from iP (Industrial
P:,rk) dl,;lrlcl to CC ((;c,mmcrcl:il Cen~•ral) <Itstrlc•t.
B. Applicable Criteria - Comprehensive Plan Amendment
I. 'I'h,• City Cuunrll finds th:,t p:,r:,y;r:,ph IX of Volnmc• t of the 19fi1
C~~mpr~hcn::ive Ilan of fife City of Woodburn sets forth the
subxtantivr c•rltcria which must hu e::tabl l:ched to justify an
nmt•nduu•nl ( o l li,• (:~nnl,r,•ht•n:, l vt• I' I n,i . A 1, l n„ rlinny;,• ^M,,.t 1,.•
justified by the introductic,n by petitinncrs of a solid hc,dy
of cvldc•ncc xhowl„y:: (~~) lh:,t the :,mendm~•nl Is In ec,mpl Inn<~c
altlt'th~ buula sod pulicicrt vl the Cumprehenslve 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
t;uidel finer:; :,nd (d) that thc•rc• Is n pnhl I<• Hoed for Chr ch:,ny;e;
and (e) lhat 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 tho drafting of t1~c oriy;inal pion; nr (h) conditions
have changed which would justify a redesignation of a particular
parcel.
J. The Comprehensive Plan lists, un page 51 of Volume 1, six critcri:,
which must be addressed to justify a comprehensive plan amendment.
These criteria constitute [he City's y;oals and policies and are as
follows:
(a) Pol~etes fir Industrial T.nnd tlsc
Those policies dc~alinfi with fndustrial lnnd use, as tint firth on
pages 15 and 'lG of Volume 1 of the Comprehensive Plan narrative,
advocate industry within Cite city of Woodburn, which will provide
a healthy job market'in a location which will provide ease of access
and which will avoid environmental dnnrers.
__
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 avpid 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
-'indl„f;s c,f f)cnlal
.lone 19 19tS~,
t'abe 3
(h) 1'ul ic•ic•s for Cummcrci:rl L:urd Uc•vclc,l,mcnt
The City's policies for commercial ]
on Pages 24 and rnd devclu]>ment ace found
25 of Volume 1 of the Woodburn Comprehensive
Plan. Policy I states that "the Cft
have.suf[fcicnt land to accomc,datc y should. at all
and the surrr,undtn the retail needs offines,
m:r•jur cu,nmc•rc1a1 ,E market :rrc•:r. •]•Irc. Cit ~ the City
:teas: 99E. ]_5 Y lrrscnt]Y has three
area," intcrchanf;c. and
then downtown
Pc,l icy 2 states that "lands for high traff i<:
should t,e located on well-im
pruvc•d ;,r KeneraC inf; uses
Provide the ncccssa tcrials• I'he
their rY traffic control devices neededSes should
impact on thc• arterial strrec~:." me 1 foratc
Co a
Policy 3 states
must unproductivetrformsoflp„ zoning should be discouraged :, ;; ;r
possible commercial land development. Whenever
. the City should encourage ur re
quire cumrncrc is l
dcvclopmrnis which :rte designed to :rllc,w
without relying on private automob(]cs topcdestrian;'
Commercial developments or to sirup
commercl:il develo ment strop tO strop.
which require the use of Che P
couraged. Priv:rte automobile sh~11 terns
be dis-
lc Pol (etc:: and (;,,als
for Tranti ortation
Woodburn's goals and
forth on Policies regarding transportation arc set
Pl.an• The1Cit 29 :urd 30 of Volume 1 of Woodburn's
o~ clrculatlonyw4 coal is to Provide for a sat Comprehensive
~>f floods ur prrsor,';in the city. and to provide Eoretficient means
moving, thrc,uf;h the city." safe transport
The City's policies with re •a rd
orderly dc`vclc, b to transportation
teaCftc flows rm~nt ~If major arterial tit rec,tti encourage, the
cite siKnal iz:rtlon c,f to acrom<,d:rtc
and bicycle access is to be m~~jur :rrtcrleti. I'edestrlanti
strect5. Provided nn arterirr] and
collector
4• The City Council finds
he in compliance with tthat the Cumpreh~nstve Plan Amendm~rnt
~ Plan nar he variious rlcments of must
native, These elements arc ati (ollow~ttrc• Cumpre}ien:;ive
system element, (b) the water s stem element (a) the sc•wct-
drainage element, (d Y
huusln• ) t]1e transportation etementc) (c)c therm
6 clement. and (f) thrw, economic clement.
j• The City Council finds
acknowledged by the Land
that Woodburn's Comprehensive Plan has b•
Nevertheless, the Cit Conservation and Develo ten
tom 1 Y Council finds pment Commission.
P y with the applicable ~ that the plan amendment must
Stagewide Coals and Guidelines.
ATTACHMENT II
Findings of 1)uni:ri
June 19. Ic)ti4
1'•rgc• 4
,~
6. T'he City Council finds that there rrxrtit be :- public need f<~r the
proposed plan amendment.
7. 1'he City Council finds that to amEnd the Cc~mprehcnsive Plan it
must be shown that the subject parcel. best suits the public need.
8. Ttte Clty Council finds that to justify :r comprehensive plan change
it must be shown that the tiub.jert parcel r:rnnot bc: suitably used
as it is presently designated.
C. Applicable Criteria - Zone Change:
I. Ttte City Council finds that sections IS :-nd 16 of the Wcx~dburn
'Luninb Ordinance address zone c:l-an};v pruc:erdures.
2. 1'ttc city Cr,uncil finds that, tipc•c:ific•ally, tci Support a •r.rrnc
change the applicant must: (a) tihuw there is a need for the
use proposed. (b) show that the particular piece of property
in question will meet that need. Section 16.0$0(b)~ Woodburn
'Lunlttb Utdlrtcttte:e:.
III. CONCT.U5IONS OF i.AW
1. The City Council concludes that at the present time sufficient
commercially designated land exists to accomodate the retail
needs of the City. The Council bases this tonclusion on evidence
in the record and, specifically, nn the land use inventory made
part of the record.
2. The City Council concludes that the subject parcel is not located
within one oC the three established :-reas of commercial development
as designated in the Comprehensive Plan.
3. Ttte City Council concludes that the proposed commercial clement
of the subject parcel constitutes strip zoning as it is defined in
[he Comprehensive Plan.
4. The City Council concludes Chat a greater amount oC "commercial"
designated lands with services exists than "industrial" designated
lands with services. 'fttere[ore, commercial development of the subject
parcel would violate the Comprehensive Plan policy of development in
areas of existing [acilities Cirst. in that serviced industrial
designated land which is limited in amount. would•be lost to commercia
development when adequate commercial designated land is currently
available for development.
S. 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
-~
Pindin);:; of I)c•;~i:rl ~~
.June 19, 19fJ4
l'agc 5
6. Thr City Cc,unc•il rccnc•ludcti t}r:rt thc• m,mhc•r ~,( vc•hiclc' trips per
day that would probably be generated by the proposed use, a
movlc• theater and retail establishments with 662 parking-spaces,
wc,uld viul:rtc• Ure Cc,mprchensivc• 1'I:rn whic•!r states that Highway 214
should be a 1 imiled access hi};hway wills low traffic generating uses.
The Cvuncil further concludes that this additional traffic genera-
tion would rcyuirc signalizatiun on •l 14 and Progress Way resulting
in disruption of the traffic flow.
7. The City Cuunctl concludes tlt:rt ttte applicant, as a matter of law,
must show that under the Comprehensive Plan there !s 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
adrquatc• c•oaunc•r<'(a1 sltc•s :rrc• :rv:ril:ihlc• (:;~•,• land usc• invc•nt<,ry),
lhc• (;uune•il further cuncludc•s that the :rppl Icant did nul carry
the burden uC pru<rf in showing puhl ic• need.
8. The City Council concludes that :tlttrortgh the appl {cant contended
that the subject parcel provides the best exposure, and that
certain of tiro intended uses require a large amount of exposure
lu traffic, no cunvincint; evidence wars introduced to adequately
suhst:rnt lal c• the+s c• sl a(c•mc•nt ::.
9. The City Council concludes that the applicant failed to show
Chat [he land cannot be suitably used as it is presently designated.
Specifically. the applicant failed [o show that the land in question
could nut be suitably used as an industrial use. The C<runcil
concludes, based un the record, that a substantial number of
industrial uses can ut.ilire the applicant's site. These are
identified in the Woodburn 7,oning Ordinance, Chapter 34,
Section 34.010 (A) through (C) and Section 34.030, Conditional
Uses (A) through (D).
10. The Cfty Ccxrncfl concludes that the applic:nt failed to prove
that there was a mistake made in drafting the Comprehensive Plan.
I I. 1'he Cily Council concludes Thal the :rppl is:url fulled co bear
the burden of showing that conditions in the land use of the area
Ir:rvc ch:nrl;ud lu llrc cxtc•nt tlr:cl a rcdusil;n:rl ion of the properly is
necessary.
l2. 1'he City Council concludes that the Comprehensive Plan Amendment
violates Statewide Planning Coal 2 (land use plannini;) in that it
is inconsistent with the Woodburn Comprehensive Plan Cor the reasons
stated above.
13. 1'he City Council concludes that the Comprehensive PLan Amendment
violates Statewide Planning Coal 9 (economy of the state) in that it
reduces t he supply of :industrially dc•tiign:rted land available with
adcyuate services. Althuugtr Ure prupu~ed development ul the site would
possibly be attractive economically Cor a short time, the Council
concludes that the long-term effect would be to reduce the amount of
available industrial land and to hamper the economy of the area and
the state .
ATTACHMENT II
NOTICE OF PUBLIC HEARING
AFFECTING THIS AREA
_ _ >r
nne p I
®COMMENCfAI
= ®MULTI-FAMILY
PUBLIC NOTICE
PURPOSE OF HEARING: The Woodburn Planning Commission will hold a public
hearing to review and possibly amend the City's Com-
prehensive Plan and Zoning Districts for properties
identified on the above map as Lots (1),(2),(3).(4)
and (5). O~nl~ those properties identified as Lots
1-5 within the "Area of Discussion" will be reviewed
for possible land use amendments.
FILED BY: City of Woodburn DATE OF HEARING: February 28, 1985
TIME: 1:30 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
t
LETTERS OF PUBLIC RESPONSE
Due to the number of written responses to the
Public Notice staff has not incorporated them
in this packet.
fihis information is provided in a separate
package.
R
ATTACHMENT IV
CHAPTER 33 `
IC INDUSTRIAL COMMERCIAL DISTRICT
33.010 Use
33.020 Retail Sales Restricted
33.030 Pollution Authority Approval
33.040 Conditional Uses
33.050 Height
33.060 Rear and Side Yards
33.070 Front Yards
33.080 Open Storage Yards
33.090 Landscaped Yards
33.100 Site Plan Review Required
AMENDED
ATTACHMENT V
CHAPTER 33 - IC INDUSTRIAL COMMERCIAL DISTRICT PAGE 33.1
~ -1
Section 33.010. Use. Within an IC Industrial Commercial District no
building, structure or premises shall be used, enlarged, or designed
to be used, erected, structurally altered or enlarged except for one
or more of the following uses:
(a) Permitted Outri4ht Uses.
(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
Industrial Uses:
(1) Applicances, office and electrical product equipment
manufacture;
(2) Food, grain, feed and derivative products processing;
manufacture;
.. (9) Rubber and allied products manufacturing;
(10) Textile products manufacture;
textile products;
(12) Textiles and apparels - other facilities;
(13) Tobacco processing;
(14) Transportation equipment and manufacturing.
(11) Textiles and apparel manufacture and fabrication of
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. Condittonal Uses. When authorized under the procedure
provided for Conditional Uses in this Ordinance, the following uses will
be permitted in a IC District:
(a)
(b)
(c)
(d)
(e)
(g)
(h)
(i)
(k)
Chemicals, fertilizers, insecticides, paint and allied products
manufacturing;
Metal fabricated products manufacture;
Machinery manufacturing;
Metal working shops;
Petroleum, petroleum products, provided all storage is under-
ground;
Laboratoray-seed and soil testing, research;
Motor freight terminal offices;
Aircraft maintenance facilities;
Bus storage and maintenance facilities
school);
Freight forwarding facilities;
Loading docks;
(charter, local, highway,
ATTACHMENT
CHAPTER 33 - IC INDUSTRIAL COMMERCIAL DISTRICT PAGE 33.2
r
(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. He_ ight• I,n a~ IC District, no building or structure shall
exceed 45 feet.
Section 33.060. Rear and Side Yards. There shall be a rear and side yard
on every lot in an IC District, which rear and side yard have a minimum
depth of ten feet. The minimum depth shall be increased one foot for each
additional foot of building height above ten feet, except a rear or side
yard is not required adjacent to a railroad right-of-way,.siding or spur
track; provided, however, any rear or side yard provided adjacent to a street
shall have a minimum depth of 20 feet.
Section 33.070. Front Yards. There shall be a front
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 graveled 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
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