Ordinance 1921COUPJCIL BILL N0. 885
ORDINANCE N0. 1921
AN ORDINANCE Ah1ENDING THE TEXT OF THE WOODBURN 2000 COMPREHENSIVE PLAN
AND DECLARIPJG AN EMERGENCY.
WHEREAS, comprehensive plans are necessary for the betterment
of the community and orderly growth of the city, and
WHEREAS, State law requires that cities make comprehensive plans
to provide for the orderly development of such cities, and
WHEREAS, the City of Woodburn by Ordinance No. 1679 adopted
the Woodburn 2000 Comprehensive Plan which has been acknowledged by the
Land Conservation and Development Commission, and
WHEREAS, the Comprehensive Plan calls for periodic review and
update to insure that the plan meets the needs of the city, and
WHEREAS, the City has conducted an in depth study of the text
used in certain portions of the plan and has concluded that certain portions
of the text need revision, NOM, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Woodburn 2000 Comprehensive Plan, Volume 1, Page
24, Item B (1) is amended to read as follows:
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 four major commercial areas: 99E, I-5
Interchange, the downtown area and the 214/211/99E four corners
intersection area. No new areas should be established.
Section 2. The Woodburn 2000 Comprehensive Plan, Volume I,
Page 25, Item B (3) is amended to read as follows:
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 lot depth of 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
Page 1 - COUNCIL GILL fJO. 885
ORDINANCE N0. 1921
pedestrians to shop without 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 developmer~t patterns which require the use of the
private automobile shall be discouraged.
Section 3. The Woodburn 2000 Comprehensive Plan, Volume 1,
Page 37, Paragraph 1 is amended to read as follows:
The second large commercial area which has developed 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 Highway 211. The strip zoning along 99E has caused
many problems in the City of Woodburn. 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 developed, some
of this will be redeveloping in the future, especially north
of Lincoln Street. Access control policies shall be observed
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 Highway 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 in this area only two driveway access
points onto State Highway 211 shall be allowed.
Section 4. The Woodburn 2000 Comprehensive Plan is amended
to include an additional section to be inserted in Volume 1, Page 12,
between paragraphs 1 and 2. This section shall read as follows:
That area north of Shop-N-Kart to Industrial Avenue which is
Industrial Park on the Comprehensive Plan Map shall be restricted
to two driveway access points with National Way serving as the
main access with 99E as an alternate.
Page 2 - COUNCIL BILL N0. 885
ORDINANCE N0. 1921
Section 5. These amendments and additions to the Woodburn 2000
Comprehensive Plan are based upon public testimony presented and received
by the City Council and, specifically, a staff report dated July 10, 1985,
containing findings and conclusions justifying the changes in this plan.
This staff report is attached to this ordinance as Exhibit "B" and by
this reference, incorporated herein.
Section 6. One copy of the adopted amendments and additions
to the Woodburn 2000 Comprehensive Plan shall be filed with the City
Recorder and one copy shall be available for public inspection in the
Planning Department.
Section 7. This ordinance being necessary for the immediate
preservation of the public peace, health, and safety, an emergency is
declared to exist and this ordinance shall take effect immediately upon
passage by the City Council and approval by the t~ayor.
Passed by the City Council
Submitted to the Mayor
Approved by the P-1ayor
Filed in the office of the Recorder
ATTEST: %' r
BARNEY 0 ,.- , _.~ .,
URRI , Recorder
city of Woodburn, Oregon
August 12, 1985
August 14, 1985
August 14, 1985
August 14, 1985
Page 3 - COUNCIL BILL N0. 885
ORDINANCE PJO. 1921
EXHIBIT "B"
COMPREHENSIVE PLAN PROPOSED AMENDMENTS
TABLE OF CONTENTS
CHAPTER I
BACKGROUND INFORMATION
Introduction
I Existing Plan Goals & Policies
II Comprehensive Plan Goals & Policies
III History
IV Recommended Alternative Map Amendments
V Applicable State Land Use Goals & Policies
VI Amended Comprehensive Plan Goals & Policies
RESOURCE INFORMATION
I Traffic Circulation & Access Controls
II Water, Sewer & Storm Drainage
III Land Use Inventories
„.,..,T~., ,.,
I
Attachment I
Attachment II
Attachment III
Attachment IV
Attachment V
Map I
Map II
Map III
Map IV
Map V
Findings & Conclusions
.,,
IC Industrial Commercial District
Conclusions of Law (Proposed Theater Site)
Notice of Public Hearing
Letters of Public Response
Amended IC Industrial Commercial District
Comprehensive Plan Map Land Use Designations
Zoning Districts
Water, Sewer, Storm Drain
Comprehensive Plan Map Amendments
Zoning District Amendments
PAGE S
P'~' E 1~ 1
~AKG~®UNG
'N~ORN1AT10
N
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 41ide Planning Goals. This
plan is intended to guide the development of Woodburn for the next
20 years. However the Planning process is continuous for no plan can
foresee all the technological, economic and social changes that could
occur in this time frame that can have affect on reshaping a community.
Therefore from time to time changes in the plan are necessary but these
changes have to be justified by a solid body of evidence to substanti-
ate the change(s) and maintain compliance with the State and Local Land
Use Laws.
Since working with the existing Comprehensive Land Use Plan adopted in
1981 the Planning staff, Commission and City Council have been constantly
approached to amend the Land Use Designation, in particular, in one area
of our City. That being the intersection properties adjoining State
Highway 214/211 and 99E. An area outlined on Map I. Examples of pro-
posed changes range from changing Industrial and Multi-Family Residential
designated zoned lands to Commercial and broadening Industrial Commercially
zoned lands to include more 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 law this is not per-
missible. In other words any zone map amendment will have to
reflect the Comprehensive Plan Maps designation.
To further complicate this any Comprehensive Plan Map and/or
Zone Map changes must comply with the written documentation in
the City's Comprehensive Plan.
This compatibility of the documents becomes germain when evalu-
ating land use changes and will have to be an important factor
when reviewing land use designations brought up in this discussion
paper. ~,
II. COMPREHENSIVE PLAN GOALS/POLICIES:
The Planning Staff in proposing a review of the land use desig-
nations in the discussion area (Map 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 PTanning 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
accommodate the retail
rounding market area.
major commercial areas
the downtown area. No
(Volume I, Pg.24, Item
times have sufficient land to
needs of the City and the sur-
The City presently has three
99E, I-5 Interchange, and
new areas should be established,
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 211 which has been set aside for com-
mercial development,. some 35 acres, will provide future expan-
Sion for retail uses for the City. But before it can expand,
State Highway 211 needs additional right-of-way and widening
of the highway to accommodate the greatly increased traffic
that this commercial development will generate.
(Volume I, Pg.37, Para. 1).
Highway 99E, on the other hand, is approximately 150
acres of land spread out on the highway almost from
city limits to city limits as a commercial strip.
While the commercial area is more than 1.6 miles long
it is no more than 400 feet deep at its deepest and
in some cases less than 100 feet deep. Although much
of this commercial land use began in the County prior
to zoning, the City until recent years has not taken
any measures to stop the spread of strip commercial
development. Because of this, Highway 99E with its
many driveways and intense traffic flows is one of
the worst traffic problems in the City.
(Volume I, Pg.12, Para. 2)
B) INDUSTRIAL GOALS, POLICIES AND STATEMENTS
Industrial land should be located so as to insure that
road transportation and secondarily, rail transportation
is available to the industrial areas.
(Volume I, Pg. 25, Item C-2).
Industrial lands should be protected from encroachment
by commercial or other uses which will either increase
the price of industrial land or cause traffic generation
which will interfere with the normal industrial practices.
(Volume I, Pg.26, Item C-8).
Automobile Transportation -.Transportation on arterials
shall be safe, orderly and efficient. Arterial streets
:-< are to be of sufficient width to accommodate traffic flows
without interruption. Intersections on arterials should
have the proper safety control devices to insure an effi-
cient and safe flow of traffic.
(Volume I, Pg. 29, Item I-2).
The Industrial Park area was really the beginning of Wood-
burn's industrial expansion in the 1970 's. It has been
very successful and now covers a large amount of land bet-
ween the Southern Pacific Railroad and Highway 99E North of
State Highway 214. However, as of the writing of this Plan
almost all of the developable land has either been sold to
industries which intend to locate in Woodburn or is under
development. There are approximately 17 acres left which
have not been, sold to industrial developers. It is expected
that in the next two to three years the remainder of the
industrial land in the Woodburn Industrial Park area will
be used for industrial development. This area should be
maintained throughout the planning period as the attractive
industrial area it is now.
(Volume I, Pg. 35, Last Para.).
C) HOUSING GOALS ,. POLICIES AND STATEMENTS
High traffic generating non-residential uses should
not be located in such a manner as to increase traffic
flows on residential streets or residential collectors.
(Volume I, Pg.24, Item A-8).
Industrial and Commercial uses which locate adjacent to
residential area should buffer their use by screening
and design control, and should be controlled with suf-
ficient setback so as their location will not adversely
affect the residential areas.
(Volume I, Pg. 24, Item A-9).
High density residential areas should be located so as
to minimize the possible deleterious effects on adjacent
low density residential developments. When high density
and low density areas abut, density should decrease in
those areas immediately adjacent to low density residential
land. Whenever possible, buffering should be practiced by
such means as landscaping, sight-obscuring fences and hedges,
and increased setbacks.
(Volume I, Pg. 24, Item A-10).
III. HISTORY
A) EXISTING LAND USE DESIGNATIONS
The City Council adopted the Comprehensive Plan and Map in
1979. The plan and map,in turn, was acknowledged as~meeting
all state land use laws by the State Land Conservation and
Development Commission in 1981. No land use map changes
have taken place for the area of discussion since adoption
(Map I). However, there have been several proposals by
interested parties and/or property owners to revise the
land use designations for properties in this area since
adoption. Because the area designated on Map I has caused
a inordinant number of requests for change in comparison to
all other areas of the City, the Planning staff feels a
re-evaluation of land use designations in this area is in
order.
Presently the discussion area is made up of three land use
types Industrial, Commercial and Multi-Family Residential.
On the Zoning Map this is further refined to reflect IP
(Industrial Park) CG (Commercial General) IC (Industrial
Commercial) and RD (Residential Duplex).
B) CONFLICTS
(1) A 13 acre site located on the South side of State High-
way 214 and just West of the Coast to Coast Store is
presently zoned RD (Multi-Family Duplex). The housing
market being what it is has resulted in inquiries to
amend the Comprehensive and Zone Maps to reflect Com-
mercial uses for this area (Identified as Lot 1 on Map I).
(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 nucleous of the main body of commercial
development and activities to the West. That is, it is separated from the
Commercial uses to the West by Industrial uses, the MacLaren School to the
North and designated Farm Land to the East.
When observing the Comprehensive Plan Map for Woodburn in its entirety one
can observe that generally future industrial lands are designated on the
fringes of the existing city limits.
In Planning Staff's opinion a more logical transition of land uses would
prevail if this property were to be amended from a Commercial designation
to an Industrial use.
1) ADVANTAGES:
(a) The 30 acre parcel would become an extension of an existing
Industrial land use to the West.
(b) It would increase the total industrial base inventory by 30
acres.
(c) The map amendment would provide fora large block of Indus-
trial land when coupled with the existing Industrial pro-
perties to the West which consists of approximately 10 acres.
(d) The Industrial designation would perpetrate the development
of Industrial uses to the "fringe" of the city limits.
(e) The land use change amendment would remove a disjointed Com-
mercial use from the fringe of the City.
(f) Although not a land use finding the affected property owners
would still realize comparable monetary worth of their pro-
perty.
(g) The Industrial designation would lessen the growth tendency
towards extension of strip development along the State High-
way corridor.
DISADVANTAGES:
(a) The proposal would remove 30 acres from the City's Commercial
land inventory of vacant land from 172 acres to 142.
PUBLIC HEARING DISCUSSION: LOTS 2 OF MAP I
(a) Maintain the existing Comprehensive Plan Map designation of
Commercial.
(b) REASONS:
(1) Same as (~a) listed in Disadvantages.
(2) Provides a large block of land that with highway improve-
ments and strict access controls can accommodate a large
"mall type" development.
(3) Strict access limits be imposed which would limit these
parcels of land to two driveway access points.
(4) Highway improvements be made to accommodate the additional
traffic flow on State Highway 211 (most likely 2 lanes
_ with a third refuge lane).
C) 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 .,..
However, while we realize that for political reasons the change
may be required, we cannot recommend it as the best course for
the City. We would recommend a complete reversal of the zone
change which was granted, with no provision for car lots ....
(Zone Change #79-5 IC to IP)."
PUBLIC HEARING DISCUSSION: LOT 3 OF MAP I
(A) Review the option of amending the zone designation to reflect some
Retail uses.
--- (1-) Commercial uses arenot allowed in the Industrial zone.
(2) The IC (Industrial Commercial) zone specifically prohibits
Commercial uses. (33.020).
(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.
(6) 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 tt;
(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 a ainst unsi htly development or storage of materials.
9 9
(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 confussion that prevails with the IC
designation which implies either Commercial or Industrial uses
are allowed.
(B) The IC zone identifies a land use designation that provides a tran-
sition between manufacturing and retail sales. The manufacturer now
has the opportunity to utilize a portion of the building site for
retail sales outlet for his manufactured product.
(C) Many of the uses now identified in the IC designation are no longer
allowed. For example, bonding companies, notary public, detective
agencies, motels and hotels.
(D) Optional business's are also eliminated i.e. auto sale lots and car
wash facilities have also been removed.
CONDITIONS OF ZONE DESIGNATIONS:
(A) Only two access points be allowed onto 99E for the IC properties
fronting 99E and National Way.
The reason being to restrict traffic egress and ingress thereby limit-
ing disruptions of vehicular traffic onto 99E.
The two access points should be shared by adjoining property owners
with internal circulation on private property fronting 99E.
(B) By limiting retail sales to manufactureres to a percentage of the
total gross floor area (less than 50%) the manufacturing and not
retail sales remains the dominant use.
D) LOTS 4 OF MAP I
This eleven acre site adjacent to State Highway 214 and Progress Way has
been the focal point of controversy in this area. Presently it is design-
ated as Industrial on the Comprehensive Plan Map. The proposal to amend
the Comprehensive Plan and Zone to Commercial General by the property
owners has failed on two occasions. The rational for denial for the
plan and zone change are substantiated in Attachment II.
In assessing the findings of facat that resulted in denial the Commission
and Council may agree with Planning Staff that the main reason denial was
_ given was because the proponents proposal conflicts with the Goals and
Policies of the Comprehensive Plan.
Therefore any review fora land use change for this property would most
definately require an amendment to the Goals and Policies of the Compre-
hensive Plan.
,~
1) ADVANTAGES:
~:
(a) The property, if amended to Commercial use, is adjacent to
an existing Commercial complex.
(b) The 11 acre site provides a large parcel of land that could
accommodate mall development that could be complimentary to
Commercial development to the East.
(c) There is adequate Industrial lands available (336 acres) to
provide for Industrial growth.
DISADVANTAGES:
(a) There are presently Comprehensive Plan Goals and Policies
that conflict with a land use amendment change to Commercial.
(b) The amendment from Industrial to Commercial would remove the
only eleven acre Industrial site with the infrastructure in
place i:e. water, sewer, storm drain and streets.
PUBLIC HEARING DISCUSSION: LOTS 4 OF MAP I
(a) Review the option of amending the Land Use Map and Zone design-
ation to Commercial use.
(1) The property, if amended to Commercial use, is adjacent to
an existing Commercial complex.
(2) The 11 acre site proivdes a large parcel of land that could
accommodate mall development that could be complimentary to
the Commercial development to the East.
(3) There is approximately 336 acres of land available for Indus-
trial development.
(4) There are presently Comprehensive Plan Goals and Policies
that conflict with a land use amendment change to Commercial.
(5) The amendment from Industrial to Commercial would remove the
only eleven acre Industrial site with the infrastructure in
place i.e. water, sewer, storm drain and streets.
(6) Specific conditions are necessary so that conflicts with the
Comprehensive Goals and Policies do not occur. Those being
(a) Limited highway access, (b) Vehicular interconnection
points with adjacent Commercial uses, and (c) Signalization.
(7) Justifications can be made to amend specific policies in the
Comprehensive Plan thereby making allowance 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).
1:
(B) Maintain the existing land use and zoning designations.
(1) See Findings of Fact for Denial. (Attachment II).
(2) See Comprehensive Plan Goals and Policies Chapter I,
Section 11 of Discussion Paper.
(C) Amend the Comprehensive Plan Map to Commercial and the Zon-
ing Map to CG (Commercial General).
(D) REASONS:
(1) Same as stated in Advantages (a)-(b).
(2) Justifications can be made to amend specific policies in
the Comprehensive Plan thereby making allowance fora Com-
mercial use in this area.
(3) Specific conditions are necessary so that conflicts with
the Comprehensive Goals and Policies do not occur. Those
being (a) Limited highway access, (b) Vehicular intercon-
nection points with adjacent Commercial uses, and (c)
signalization.
(4) Lot IV is to be used as Commercial only if it can be inter-
connected with the Safeway/Payless complex. The driveway
access (only one onto Nighway 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) ADVANTAGESi
(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.
(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).
i.
y~• APPLICABLE STATE LAND USE GOALS AND POLICIES
When a City contemplates the revision of its adopted Com
sive Plan consideration has to be
Use Goals and Policies, given established StaterLand
decisions must maintain compliancenwithnthosetStatel land use
Laws when revised. Therefore Land Use
those State laws that area a local jurisdiction must review
are not in variance with those~jaWSe and insure local decisions
The Goals which staff has found to be pertinent
considered in this review are as follows: and should be
STATE GOALS AND GUIDELINES
GOAL #2 -LAND USE PLANNING
"All land use plans and implementation
ordinances shall be adopted by the govern-
~ng body after public hearing and shall be
reviewed and, as needed, revised on a
iodic cycle to take into account changpng
public policies and circumstances, in accord
with a schedule set forth in the plan. Oppor-
tunities shall be provided for review and com-
ment by citizens and affected governmental
units during preparation, review and revision
of plans and implementation ordinances."
STAFF COMMENT:
The City through its public notification
process as outlined in Chapters 7 and 16
of the Woodburn Zoning Ordinance insures
that any, property owners directly or in-
directly affected by any proposed amend-
ment are provided notification (See
Attachment III),
Over `70 notices were mai 1 ed to grope"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,Ywater, pipe ine, rail, highway, bicycle and
pedestrian; (2) be based upon an inventory of
local, regional and state treansportation needs;
(3) consider the differences in social consequences
that would result from utilizing differing com-
binations of transportation modes; (4) avoid prin-
cipal reliance upon any one mode of transportation;
(5) minimize adverse social, economic and environ-
mental impacts and co,'sts; (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 Pu~'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 tb~ee 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 6-1).
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 conta~ntnq 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
ape" developments that allow a one stop and shop opportunity.
Commercial developments or commercial development patterns which
require the use of the private automobile shall be discouraged.
(Volume I, Pg. 25, Item B-3).
The second large commercial area which has devloped in the City is
the commercial strip along Highway 99E and the development along the
intersections of State Highway 99E, State Highway 214 and State High-
way 211. The strip zoning along 99E has cuased many problems in the
City of Woodburn as far as traffic flow and traffic safety on the
State Hingway. This is because this type of development is the
least efficient use of commercial land and highway frontage. While
there is little which can be done with the areas which have already
been eveloped, some of this will be redeveloping in the future,
especially North of Lincoln Street. Access control p}afls policies
sbea}d shall be deve}aped observed apd-tbe-stweets-sbea}d-be-}~p~eved-
When street improvements occur
The area on State Highway 211 which has been set aside for commercial
development, some 35 acres, will provide future expansion for retail
uses for the City. But.;before it can expand, State Hingway 211 needs
additional right-of-way and widening of the highway to accommodate the
greatly increased traffic that this commercial development will generate.
To insure the smooth flow of traffic b this area onl two driveway
access oints onto State Hi hwa 211 shall be allowed. Volume I,
Pg. 37, Para. 1 .
The primary objective is to improve Highway 99E from its South city
limits to the North city limits to accommodate 2 South bound lanes,
two North bound lanes with an accompanying center refuge lane and
bicycle paths. This would 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 dr~vewa access oints with National Wa servin as the main access
with 99E as an alternate. Volume I, Pg. 12 .
NOTE: That which is marked out is previous wording and the underlined portion
is the recommended changes in language. ~~
B) INDISTRIAL GOALS, ,POLICIES & STATEMENTS
Industrial lands should be protected from encroachment by com-
mercial or other uses which will either increase the price of
industrial land or cause traffic 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.).
'~
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 vehicles.than are
currently travelling through this area. The intersection is currently oper-
ating at a level of service "C" approaching level of service "D". (See attached
description of levels of service).
When Nighway 99E is improved i.e. widened to five lanes, storm drain,
curbs and sidewalks, the level of service will stabilize at level "C".
The anticipated improvements of Highway 99E should increase the capacity
enabling the highway to accommodate an additional 4,100 vehicles as well
as a potential of 13,000 additional vehicles with a high intensity indus-
trail development on the 30 acres.
II ACCESS CONTROLS*
1. New direct access to arterials should be granted only after con-
sideration is given to the land use and traffic patterns in the
area of development, not just at the specific site. Frontage
roads and access collection points shall be implemented whenever
feasible.
2. Access control techniques will be used to coordinate traffic and
land use patterns and to help minimize the negative impacts of
growth. Area-wide needs should receive precedence over site-
specific needs.
3. To insure a minimization of traffic flow and to promote safety;
the number of access points to arterials shall be kept to a mini-
mum; the cluster development of commercial and industrial acti-
tivities will be encouraged; and the city shall establish minimum
set backs from the pubic right-of-way of arterials for commercial
and industrial uses.
4. Undeveloped lands in which new arterial alignments are planned
shou.id 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
~ :~ f.
~~~'~~OREGON STATE HIGHWAY DIVISICitV
TRAFFIC ENGINEERING SECTION
TWENTY- FOUR HOUR VEHICULAR VOLUM E
n,~'1 ,
DATE ~.v,C,S/..~~!:Vf!1~ z~P~~j.~IBI/
f] A Y U F W E E K 7.~i~~t;~. ~!`la: ~:~~./ ...........
ACTUAE COUNT (VEH.) ....1~............ HRS.
HOURS COUNTED .~f.~:.`~-....lp.ra." .............
PEDESTRIAN COUNT .....f¢ .............. HRS.
HOURS COUNTED .Cti.f~~~..I.P..F~`.~............
WEATHER ~feQr_.. ~4_t-!~!__ ~__~rK
1
/r I
I
I
1 I
3
y~
To -------- ---
~-
~ZB_I ~L91_
L ~9/
N
0
CITY R COUNTY .~Q°~f?~r./.1* .....................
INTERSECTION OF ~t4~t~.!~!~5:.~:.lr:~~/~?,4~
.~fd:'/.:~./SS/!w'~°.'!.;~i.,/, !t'/!~O ~o~c ttY.1l £..I~.1P~i~.~t!1-
MILE POS~1.:~..3! ~9X.iyo:....~9.~~~/~~.....A.:~??~
CLASSIFICATION ~~~..1leC~li r$ ..................
N~
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til
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Remarks: 1(2C1dstY_ --_ ~
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~io_ts--= - - " ---- I
/,, io x I
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M~ ~~ Nr, z ~y ~~I
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No.
ToTn~ vcN~c~es
CNTCRINO 23,.5'/
INTCRlCCTION
Y.
100
CNTCRINO lrROA1 ` O / / C
NORTH 4 90UTH / (J (~ J
[NTCRlNO rRO/~A~ /AS ~ ~'
CAlT a WC9T ~y~
To /~o la ~~~ - - - - - -
O
Q
0
WW
~ W
!n
W
STREET OR AVE.
Indicate
North
a ~~.~'
~~
;;
f
-,:
Cevcl of
• Ser- v---__
A
~~
`f
.~ :•
:,
:.
B
:~C
(Desired
Urban Design
Level)
0
E
~~apacity fs
at the divi-
sion bet~reen
E b F)
. ~.
.' F
•.:
:~.
LEVELS OF SERVICE. FOK SIGrrA11T.Ep 1riT~:RSECtIOrrs
type of
Traffic Flotr
Free Flow
Stable Flo~v
Stabl a Flow
Approaching
Unstabl e
Fiow •
Unstabl e
Flow
Forced
Comments
No vehicle cva i is longer
than one red indication.
The nuMber o f vef~i c 1 es
waiting through one red
indication is increased.
Occasionally vehicles
may have to wait through
more than one red
indication,
Delays may be substan-
tial during short peri-
ods, but excessive back-
ups do not occur. This
level usually considered
an acceptable goal during
peak hours.
Delay may be great--up to
several signal cycles.
Usually, considered un-
satisfactory~ Short peri-
ods of this level may be
tolerated during peak
hours in lieu of the cost
and community disruption
of providing a higher
level of service
uv~ilit
Turning movements are
easily made, and pearl
all drivers find freed
of operation,
Many drivers begin to
somewhat restricted wi
groups of vehicles,
Back ups may develop b
turning vehicles, tlost
drivers feel somewhat r
tricted, but not object
ably so.
f~aneuverahility is seve
limited during short pe
due to temporary back-u
There are typically long
queues o f veh i cl es i•~a i t-
ing stream of the inter
setion, ~ -
Excessive delay. Nearly Jammed conditions,
always considered unsatis- u Back-
factor ps from other locations
Y• May occur only may restrict or
during p,M, peak hours prevent
during summer months in movement of vehicles at
recreational areas, the intersection under
consideration,
~~.
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~$ Way would also s.erve.L-ot 1 and Lot:
4 of the properties identified on Map I.
A 12" water line is also located on the West side. of 99E from
James Street North to the 214/99E intersection and proceeds
North to Industrial Avenue. This line can adequately serve
all new development on both sides of Highway 99E to Industrial
Avenue. The extension of that 12" line North of the city
limits is proposed for the future.
Presently no water service line exists from the State Highway
2l4/99E 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~t~y sewer line comes from McLaren to State Highway
211 which p seeds West on Highway 214 to a lift station on
the South si,~de of 214 just West of the Front Street overpass.
The 8" gravity line on 99E also connects to the 211/214, 12"
gravity line. The waste water is then pumped from the 214/
Front Street lift station through an 18" force main to the
Wastewater Treatment Plant.
All properties in the discussion area can be tied and adequately
serviced by this system.
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
USE
Commercial
Industrial
/~V,ILABLE FOR AVAILABLE FOR
DEVELOPMENT DEVELOPMENT
TOTAL PLAN IN 1980- IN 1985
430 259 * 172 (63~ under one acr
671 326 * 335
* Approximation
Available for Development - includes vacant lots and those
under utilized.
THEORETICAL LAND NEEDS TO YEAR-2000
URBAN LAND NEEDS ACTUAL AVAILABLE
IN ACRES IN PLAN
COMMERCIAL 428 430
23,000 persons @
1.86 acre/100
population
INDUSTRIAL 344 671
23,000 @ 2.30 acre
100 population -
185 units
Within the City's Urban Growth Boundary 430 acres are presently design-
ated for Commercial development while 671 acres are identified for Indus-
tria7 uses, of that, 335 acreslare available for Industrial development
while 172 acres (63~.under one acre) are available for Corrnnercial use.
~If. i.t~ is the intention of the. orrunission/Council tA~amend the Industrial
designated Lots 4 and 5 of Map~I to Commercial such action would reduce
the lands available for.Industr~al use from 335 to 315 acres and raise
the Commercial lads inventory from 172 to 192 acres.
It should also be noted a majo i'ty of the one acre or less sites are
adjacent to State Highway 99E. ~
~,
In staff's opinion the improvement of these properties could be a~potential
burden along the 99E strip withjeven more driveway access points. The
impact of this being the rise insaccident rates and additional disruption
of traffic flows.
SOURCE: Woodburn Comprehensive Pan Vol. I, Pg.19, Table 3.
~I
~'
FINDINGS S~ CONCLUSIONS.
FINDINGS & CONCLUSIONS
,b
(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".
(N) 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 Nighway 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.
.1 (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 Nighway 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)
dnd 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 1Jay~and discourage access to 99E
with some additional uses if they are "Industrial Like" in the
IC zone.
(i) The IC zone identifies a land use designation that provides a
transition between manufacturing and retail sales. The manu-
facturer now has the opportunity to utilize a portion of the
building site for retail sales outlet for his manufactured pro-
duct.
(j) Many of the uses now identified in the IC designation are no longer
allowed. For example, bonding companies, notary public, detective
agencies, motels and hotels.
(k) Optional business's are also eliminated i.e. auto sales lots and
car wash facilities have also been removed.
(1) By limiting retail sales to manufactureres to a percentage of the
total gross floor area (20%) the manufacturing and not retail sales
remains the dominant use.
(Q) FINDINGS & CONCLUSIONS OF LOT 4 OF MAP 1
(a) The property, if amended to Commercial use, is adjacent to an
existing Commercial complex.
(b) The 11 acre site provides a large parcel of land that could accommo-
date mall development that could be complimentary to the Commercial
development to the East.
(c) There is approximately 336 acres of land available for Industrial
development.
(d) There are presently Comprehensive Plan Goals and Policies that con-
flict with a land use amendment change to Commercial.
(e) The amendment from Industrial to Commercial would remove the only
eleven acre Industrial site with the infrastructure in place i.e.
water, sewer, storm drain and streets.
(f) Specific conditions are necessary so~that conflicts with the Com-
prehensive Goals and Policies do not occur. Those being (a) Limited
highway access, (b) Vehicular interconnection points with adjacent
Commercial uses, and' (c) Signalation.
(g) Justifications can be made to amend specific policies in the Compre-
hensive Plan thereby making allowance 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 Commercial core.
(2) This would not constitute strip development.
(3) The Plan Map Amendment and Comprehensive Plan Goals and Policies
would be in harmony.
(i) See Findings of Fact for Approval. (Attachment II).
29
C,i)LotIVistobe '
connected with theed as Cortrnercial onl
access Safeway/payless comylex,~t can be inter-
lineu (°nly one onto Hi p The dr'
P with Mt. Jeffersonhway 214 for the 11 acre iveway
WaY• This is to promote internalarather parcel) to
circulation when sho access on Pro r
ppin than externalg ess
(R) FINDINGS 9 ~n the 11 acre p traffic
& CONCLUSIONS OF ayless/Safeway complex.
_ LOT 5 OF MAP l
(a) As identified
in Attachment I Retail
IC (Industri~alrc a~ercial y ames are not
ation to C° ) zone. B endin allowed
would 1 General the two e 9 the land ~n an
convert from non-conformin xistin use design_
(b) The hi g to Permittedetail businesses
traffic makesl of site visibilit outright uses.
these parcels attractive hforntersection
(c) The clusterin Commercial by vehicular
business in c ose CO~ercial uses at the intersection co es.
mpliments
(d) The intersection whenximlty-
vehicular traffic than Pr°ved will be able to
any other intersection incC0~0date more
our corr~nunity,
30
E 1'!~'
A16~PIEN®I
WOODBURN ZONING ORDINANCE
CHAPTER 33
IC INDOSTRIAG COMMERCIAL DISTRICT
33.010.
33.020.
33.030.
33.040.
33.050.
33.060.
33.070.
33.080.
33.090.
33.100.
33.110.
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
ATTACHMENT I
CEiAPTER 33 - IC INDUSTRIAL COMMERCIAL 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 Approval. All uses
specified in Section 33.010 and 33.040 or Section 34.020 and
34.030 or Section 35.010 and 35.030 shall obtain approval from
the Oregon State Department of Environmental Quality and/or the
Mid-Willamette Valley Air Pollution Authority before approval by
the City. Such approval shall take into consideration air
quality, heat, glare, light, noise, sewage and vibration.
Section 33.040. Conditional Uses. When authorized under the
procedure provided for Conditional Uses in this Ordinance, the
following uses will be permitted in a IC District:
(a) Chemicals, fertilizers, insecticides, paint and allied
products manufacturing;
(b) Metal fabricated products manufacture;
(c) Machinery manufacturing;
(d) Metal working shops;
(e) Petroleum, petroleum products, provided all storage is
underground;
ATTACHMENT I
CHAPTER 33 - IC INDUSTRIAL COMMERCIAL DISTRICT
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 33.0'60. Height. In an iC District, no building or
structure shall exceed 45 feet.
Section 33.070. Rear and Side Yards. There shall be a rear and
side yard on every lot in an IC District, which rear and side
yard shall have a minimum depth of ten feet. The minimum depth
shall be increased one foot for each additional foot of building
height above ten feet, except a rear or side yard is not required
adjacent to a railroad right-of-way, siding or spur track;
provided, however, any rear or side yard provided adjacent to a
street shall have a minimum.:.depth of 20 feet.
Section 33.080. Front Yards. There shall be a front yard on
every lot in an IC District, which front yard shall have a
minimum depth of 20 feet.
Section 33.090. Open Storage Areas_
(a) All yard areas, exclusive of those required to
landscaped as provided in Section 33.100, may be used for
parking, materials, and equipment storage yards, or areas as
_- may be. used for the purposes permitted in the IC District
provided such yard area is;enclosed with a fence or wall
placed at an height of seven feet. Any fence, wall or h-edge
may be located on the property line except it may not
enclose landscaped yards, as setforth in Section 33.100.
(b) The surface of such area; shall be paved or gravelled and
maintained at all times in ~a dust-free condition; except,
that all automobile and tzuck parking and loading areas
shall be paved, as prow ided yin 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 33.100. Landscaped Yards. Any yard provided adjacent to
a street, and the adjacent unimproved right-of-way shall be
landscaped, but in no case shall it be required to landscape more
than 30 feet from the nearest edge of the existing im provement in
the street right-of-way.
Section 33.890. Site Plan Review Re uired. Site Plan Review
shall be required or al uildings, structures, or premises
used, arranged or designed to be used, erected, structurally
altered or enlarged in accordance with the provisions of Chapter
11.
ATTAGfiMEhT I
CHAPTER 33 - IC INDUSTRIAL. COliMERCIAL DISTRICT -
-- -- -- wS200D11RlL_ ZONING OROhNANCE---__ ___ ________ __ _ ___
S tton IS.plp, ac. Wtthtn a
boil structure, or CO Commercte ice District
designed be used Premises sh a used •. no
except for on ~ erected, a urell arranged, or
more oft of loulnq uses°ltered, or cnlerq~~
(~) Any use matte n RN Oistrtct;
( e-schools, nuraerica end kin
ns;
--...-,°.. (c) Non-profit memboraht or enization
facilities: P q ofCtcca end
(1) t3uatncas eaaocietton offices;
Uses from ~ (2) Labor unions end similar labor organization
~ ) otCicea end tecilittoa;
through (K) (3) Political orgentzntlon offtcua nncf headquarters;
(4) Profcaatonal mrmhrrahlp or~.~ni zet Ion, otf tc~a
end facilittoa;
(d) Notcl a end motol a;
(Q) Perking lot `+hen dcvolo~c! nn Pronc-rlhec! to Cheptcr 10•
(f) Contracting buatnoaa offices; ,
(g) Servlcc buatnoaa otttcc for:
(1) Oonding company;
(2) DctCCt tVQ agency;
(3) Dcafting service;
(,) Moiling, mall (nc~ I Ist, ecldre:satnc7 service;
(S) Ncua ayndtcatca;
(6) Notary public;
f7) Stenographic aecvlcc•;
. (e) Telcphono ensuering service;
(h) Financtel, tnaurence and real estate offices tor:
(1) Adjustment end collcctton n9rncics;
(2) [tanks;
(~) Connumor rcporti'nct edcncics, crcclft .,rycnc-ira
other than banks;
(4) Insurance cecrtera end agents, brokrra and
sccvtcc agencies;
(5) Inaurencc com pen(cn, mstn oc brunch;
(F) Rced catetr compn~icn (scl l in
search, subdivision or <levclopmcnt~ co P nIc•a, rte )~
(~) Combination rr~l ~`t<tetr, tnaurencr, loon or le~.r
_ ofticcs (those compnnic~ doing •~n
.hove, but none Y romt~init ion of thr
(8) Secur t t. prcdomi ently)•
c•xchengcR end/srrvrir.~° mod t ty t>rokrr:~, rlra 1 cr a,
r.omp,inirs~ holding nnc! o[hrr invr^tmrnt
(~) •: itlc .it>:.tr.~~t c•oml inic~:~;
(l~) Trust c•omp,ini.•s;
(i) Lit~orntory-scrd nnc! .oi 1 tc•:;t in~t, ~
r.•:cc•.~r~•.~;
ATTACHMENT I
C11/1F'TF:R 28 - CO - CONNF,RCIA(, OF'F'{C ()tSTRfCT
f'nC:t: 28. ].
NOODBt1RN ZONING ORDINAtdCE
(j) Hotoc freight terminal offices;
(k) Professional offices for:
(1) Accounting, auditing and bookkcc in
(2) Artists, authors, Iccturc:s P g Rervicca;
(3) Fng insets and ercht tests; ~ °tc.;
(~) Non-profit educettonal and scicn.titic r~aoerch
agcnctes;
f5) Lawyers;
(6) Mcdicol and dontal laboratories;
(~) Mcdlcal, dontol end othor elltcd
otficoa end clinics. Optom ctriata Protoastonal
to the proscribing rethor then primarily engegcd
glosses are included. th° aelltng of eye
sectio 28.td2e, Condt tonel t)w..w
proctd re provided for Conditional Uaea inuthortze
follows under the
uaos will be permitted in ~ thlts O lnenco, tho
CO district:
(a) adlo end Television atottona end st
oa;
(b) Ra io end Teloviaton trenamittcr
p1P~ to vision pick-u etions, towers end
p tecilittea (pr vats);
(c) Tc•lo on.• encl tc•Ir~rarh commun
.~ti~n t.~c-tl it~i~s;
(d) Nobt lc home parka;
(e) Doat. c mpar and trailc•c atora?r area or
devolopcd oa reacribed in Se lot when
Ion 22.A)p(d),
(t) Barber aho n;
(g) Beauty ahope
(h) Vc•tor inary c•I Icn.
Soot ion 28.Q3P• O t t one 1
conducted (n e a t noRaea. Opt i nna 1 t-u:t t nc:sxrx me
mein use whCnCO Dltstr c x an incidental or a~condary use t°bn
butldtn conduct d nd entered onl
g. prow ided t hc•r i s n Y from within t hc•
except for a name ex tertor clis(.l,~y or aclvc•rtix.•m.•nt
more than onc-_ pia not ov r two scluarc t~c•t in .,rt•.,, Intl not
halt o the tloo araa of ona :ttnry in c!^v t
such unc• or usc•:t, t> tt i f ^ttc•h t,t t I c! i n~
hci ht otcc. t~
g , then not rc• than oncr- ~ t>c• t~ttt only ^n,• :tc^ry. in
--shall b~~ dc:votcd n sttr.h uac• or ~°erth of th~• floor irr•.ti thc•rro!
. as follows;
(s) Fat i ? t,l aCr•tt (not c)r ivc•-
sc•rv~ 1 stunt? , C•.ltc•r~•ra in. rc•::t.iur.int:., ~:~(~•::,
zho, :, .inin•t ronm~t t,^x lunr.lt r^ r::• (m.iy
.Intl t .•:~ t7 v i cl ~. ~• ~ f t r` c:
room ,;
:%cc:t n 2t?.~.2(t, ttei~ht. t•:}t.•rr
thc• l,uilcltn~} sir ::trurtur~• „r
ATTACHMEnT I
Ct1A PTY.R 28 - CO - COHMF.RC t l1t, nF•r- I CF: t) [ STR f CT
rnC:F: 7A . 1
E~INDINCS OF
APPROVAL
~-
EXf{ItiIT "A"
FI\'DINCS OF APPROVAL.
I• NATURE OF PROCEEDINGS
Ort March 2Z, 1984, lha Woodburn I'lanninl; Commiss(on held a
Public hearing and took lc•;;tlmony on (;omp'rehanslve Plan and ?.one
Change Casc No. 234-01. On April S,
adopted findings of a 1984, tiro Plannin
pProval in this case, g Commission
AC tha applicants' request a de nuvr~ public haarin~
before the Wuodburn Ci t --. '--- F, was held
hearin was Y Council un April Z3, 1984. The
g closad and tha Council acted 1, motion Public
to draft proposed findings of t y to direct st:~ff
at the Council's May 14, 1984 •ppro~al fc>r ilti rc•vicw and discussion
. maal[ng.
II. FINDINGS OF FACT
`ts
1• The facts concarninl; this applic;ttiun arc <:~ntainad in tha
public testimony t-c:rrd bcCure Chc Wuodburn
April 23, 1984 includtn City Council on
repnrt wltli nlla<•hmentx P,. trot nut 1 invited to. the staff
racurd at Cite ttmc r,f wlrlc:h w:trc Intr~rclucerl taco tl,;rt
the hcarfnl;•
1 c:unlalnti :rl,l,rr,r•im:ilc•ly )0 :~crao-; of
undeveloped real property lying; on the northeast corner of
the intersoction of Stato Iifi;hway J1~,
Progress Way, in the (Mt• Iluod Avenue) and
Oregon. City of Woodburn. Marion County,
3. The subject parcel is bordered on the' north b a
public accountant's office and ~ Y certified
the west, across Progress W:t mini-stnrara facility, ort
Electric Wuodburn Oist tier (;or,<<,r~Y.trt~l actn °rtland General
commercial com lex the east by a
p i nc l url i ni; !'am! l Y Federal Savings and
Loan Assuciatic,n, Shari's Rcstauranl, Paylass Drug Store and
Safeway C.rocary Store•
4• The subject parcel has ,
be en clesit;rt:tCc:d on Woodburn's
Comprehensive Plan Pfap as Industrial and is
-- accordance therewith. It has bean included b zoned IP in
in the Woodburn Industrial Parke, :tad is at Clt`dentification
undeveloped. present time
ATTACHMENT II
'2~~.
FSndings of approval
May 10. 1984
Page 2
5
$' -~ ~ 1lcable
Criteria -Com rc•hc'ns[v<• flan
1' Tltc Cit -"---~m_ctdmcnt.
1981 Y Council finds that `---
the Comprehensive Plan o f Para[;r:rph [~ of
substantive fire Volume 1 of the
justi['y :rn criteria Ctt}' of Woodburn
amend which sets
c•han[,c' must be mc•nt to the Cummuct he eStabl forth
of a snl id Just i f led by the I rvhc~nti i vu , f shed to
bod intr„cluc-t ic,rr 1 larr• a p1~n
is In Y r'f c•vidc•nce show
corr. 1 to tnj;; (,~ I'Y ('~ t ! t iunurs
F ncc with the /;n;r i s
ComPrc~henstvc ) flint fire amendment
Plan narrntlvc; an<l :rncl polfcles
Phan ompltancc wlCh the (b) flint °f chc
narrative• various clcmc•rrt.; of the amendment
with the ~ and (~) that chc Cum r is
Statewide Coals the amendment P ehenslvc
is ° Public need and Cu ide 1 i rres • i s
salts Cor ehc and (dn compliance
chat public chan[;c; and ) thac [here
suitably used as need; and (C) thacc) chnc the
it is tlic land best
prescnCly dc•sibnatcd. 1'rnd cannot be
z • Th c
City Council finds
r"•~Y also be drat a Com
that Justified by a de prchensivc plan
either: (a) a tcrmina amendment
ociginal mistake tic"t
Plan: or was made i n the
Justify a redesl (b) COnditluns clraftinJ; of
gnation of have chanficd w the
3, a particular hich would
The Comprehensive Parcel,
criteria which P1`~n lists
must be orr [,:rbe 51 of
plan amendment, addressed
These criteria to -Justify a columc 1' six
and policies and at•e constitute the mprehensive
as follows;
City s foals
(~) Policies fur [ndu
strlal Land Usr:~
Those poiicies
forth on Pages ZSa7nng with
Plan d industrial land usc~ as
narrative 26 of Volume 1 of
Woodburn ~ advocate the Cum set
which will Industry within prchensivc
alocatlon which will Provide a I~ ,- fire c1t
avoid environmental dan,rovide c:rsc' of~ac<•tess .lob market an
i l;crs, and which will
aCtentlun is
t c
development u u' br given Co the visa: j
buffers. Thep R• arterial streets 1pjl,act of tndu
Y fire ~
attention irr<lustrial : Pero st1a1
is park c•oncc'l,t Prlatc use of
industrial la~~ be given to avoid is favored
Industrial which commeCCial enecoa and
lands!to m'Sht either ~ chmenC on
problems increase or t`'r'sc the
Indus which Nould Cesult price of
trial Interfere 1 eralfic
land, with tie use of Scr1eration
~ adJoining
-_________ ATTACHMENT I I
1'1'~ aPp1 icants r .
Curr'Prchensive Pla yucst that the
amend n !'lap Crom t~ i ty c,f k'c,oclb
the Pretient Industrl:ri urn amend
(Industrial Woodburn to Comm its
distr - ~"nirrl; nrcl• ercial use and
Pack) district to CC
ict, rnancc from lp
(Cnmmcrcial Cencrai)
Findings of Approval
May 10, 1984
Pnfic 3
fib) I'ultcies f<,r Commercial
C.and Devrlo meat
The City's policies for commercial land develo
found on pages 2G and
Comprehensive plan. 25 of Volume 1 Pment arc
Folic of the Woodburn
at all times. h;,vc sufCicicnt Sltand~ brat "che C1t
to ~ccomod;rte Y should,
needs of the City and cho surrvundinl; market areaChe retail
presently leas three m,1jor commercial areas: Tlie City
interchange, and the downtown area.°' 99 E, 1-5
Policy 2 states tllalt "lands for liifilr traffic I;encratln
should be located on will-improved nrtc•rials.
s}~ould provide t}re necessar fi uses
y tra(fi<' control deviceseneeded
to ameloriate their impact ran the arterial streets."
Policy 3 scales that "strip" xuninl; slrotrld be discouraged as
a most unproductive form of commercial land development.
Whenever possible, the Cit
commercial Y should encourage or require
developments which :,rc dcsipned to allow
pedestrians to shop without relyln}; un private automobiles
to go from shop to she
commercial development p' Commercial. development, or
private automobile sh;,llabeediscourrni;eC~e~~uire the use of tl~e
~~) Policies and Coals for 'Grans ort:rtion
Woodburn's coals and •
set forth on poi icic~s rel;ardinl; tcansport:rtion arc
Comprehensive Plan 5 Tl ~ tit 3Q of Vnlcrmc 1
of Woodburn's
safe, efficient means of circulati°nlwiithir~tth~ elide for a
provide for safe transport oC g<~ud% or Y' a'~d to
through the city." persons moving
The City's policies with ce and
the orderl g to transportation encourage
accomodate trafficlopment of major arterial streets
arteries, flows and the sil;nal.iration of to
Pedestrian and bicycle acce::s is to be providedjon
arterial and collector streets.
~• T1rc City Council finds that t}~e Comprcrlrensivc Plan Amendment
must be in compliance with the various elements of t}ie
Comprehensive Plan narrative. These elements arc as follows:
(a) the sewer system element,
(~) the storm draina a (b) the water system clement.
element. (e) t}~e housin element, (d) the transportation
element. g element. and (f) the economic
S• The City Council finds that Woodburn's Comprehensive Plan
has been acknowledged b
Develo meat Y the Land Conservation and
P Commission. Nevertheless, the City Council finds
that the plan amendment must comply with the applicable
.Statewide Coals and Cuidalines.
ATTACHMENT II
~ Find
Ma int;J of ~PPcoval ~~
Y 10~ 1984
page 4
b• The City Cuunc •
the proposed plan amendmenatt there must br ti Pub
~• The llc need for
1c CS [Y Council finds
must be that to a
Public need, shown that the sub ,mend the Cornprehen
C1t •1c~t parcel best uits Pthe
8 • The
change Y Council finds
it rrurst that to
suitabl be shown that '1r"'tlfy .~ comPrclacras
Y used as it thc~ sub'
is present] .leer parcel ive plan
C• Anplicabl Y designated, cannot be
~~- e CriCeria
Woodbu °i/ finds
rn Zoning Ord' (Irrrt s~•c•t iun::
t n:an<•e :add r i 5 :rnd
L• Tlu, css ronr• ~h:anj; 16 u1 the
changclt he:uuncil finds th.•,c. `• Pr~ccdures•
use aPPI Scant must : sl'c•c~ i f i,•:r 1 1Y. to
!n Proposed (b) show ~~) show s'rPPc,rt
question wil chit tlrerc is ~~ rune
Zortin d m°ct the p.irticular 'r raced for [he
8 Ordinance, tfr:re raced. Piece of
III. CONC S«tivrr 16.080(b). Woodburn
~-- f.USIONS OF LAW
1,
desiCity Council conclud
gnated for es chat n'dc
Comprehensive industrial quite land
the C1t Land Use Plan dcvclopmcrac has been
Y co clac °n Woodburn's
acre • Y~`:ar 2000 Map to meet Projected
s Per hundred po u1 ~f•c. 23.000 needs of
P acfon equal 529 acr`f~ca~ul.~tfon at 2.3
~a) Ra11 transport,rt.iOn fs
fib) The location unava
adjacent to (]able to dais parcel.
the impact of, Stace
~c~ T1ic existence industrial (liglaway 214
of use arpora Public maximizes
of this quasi-commcrcl:,7 visibility.
• s1de~ parcel and of reslden uses un
Isolates this till t}arec sides
the industrial parcel from use on the fourth
~d) The park cone effective inclusion in
rcdesignation Pt cxistin•
will hive minimal of dais parcel 1> for the north.
genera to the north fwith rrP"n tire' c'xitit fommercial
use
lion. rc'g:rr<i (o G industrial
°therwiSe• increased 1ndLstri;al landvc valUetraffi
c
3• The amend ~ s. or
•sub . ment i
JecC parcel wille Land Use Plan', Ma
Comprehensive Plan forncommercialae ~Ro'ial wi tnid rr~; i d to the
S a
development: cics of tlac
(a) The redesign:-t io
establish new nco f dais iaarc~ i
a ra ~ commc r
be an extension of '~crcial arcs cial will
khe 99E-214; in Woodburn nOt
~commcrcial but will
area,
ATTACHMENT i1
Findings of Apl al
May 10, 1984
' rase s
(b) The subject parcel !s located on a w
arterial wit}t access to a major collector street proved
(~) The size of the property will
development. which will allow ~ permit mill-type
Pedestrians to go from
transportation op without rclyinF on automobile
4. Sewer, water, and storm drain;rFe facilities arc available
to the property.
S• The proposed change would encourage' more
development and would be benefic•iat tc, Immedi:rtc
City of Woodburn. tl1e economy of the
6• A public need exists for a suhst:uttial commercial site,
centrally locaCed within the Ctty ern rn:rjor nrteri:tl access.
which will permit a mall-type development.
~• A public need exists for a diversity oC entert:-inment
facilities within the community.
8• The subject parcel will meet the need by reason of its
• location and ability to be developed, and by reason of its
designation by Moyer Theatres as the only desirable siCc
within tite city I im1 ts.
9. 1'he parcel has been detiignated for industrial development for
over 10 years. IndusCry prefers to cluvelop 'crrt the interior
of an industrial park, away from prlmar
Other industrially coned p p, y Y Public visibility.
from primary arteries. Therefore` itrc•{~ lcnn~li~kclyl that this
ten acre parcel can be developed as presently designated
within the furetiee;rble future.
10. The City Council .concludes that the Comprehensive Plan
amendment complies with Statewide Plartrtirtg Conl 2 (Land Use
Planning) in that it is consititene with the Woodburn
Comprehensive Plan for the reasons stated above.
11. The City Council concludes that the Comprehensive Plart
amendment complies with Statewide Plnnninl; Coal 9 (£conomy
of the State) in that it develops and rt-akes productive a
parcel which is designated industrial but is suited for
commercial development for the reasons stated above. Actual
development of the parcel will enhance the
- .Woodburn. Marion County and the State of Oregon economy of
12. Finally, the City Council concludes that conditions have
changed since the last designation of this parcel, as
follows:
(a) The West Woodburn''~100 acre industrral park and the is
acre North Front Street industrial park have been
annexed to the City, providing an additional
inventory of available industrial land.
ATTACNMENI' II
Findinp,s of Approval
May 10, 1984
Page 6
(b) The general economy of the United Stated, the State oC
OreF;on, the Willamette. Valley. :end the City oC
Woodburn has moved Crum are inflationary. fast
development trend which encou raged exp:ues ion and
relocation of exlstint; industries. and ttee
establishment of new indu~trics. t~ a conservattvc.
hold-the-line trend with regard to [ndustrial f;rowth.
Some previous industry within the City has closed its
doors because of these ecomuni<' factors.
Therefore. tf these conditions would have ~xtsced at
the time of the last Comprchcn~:ivc Plan update. thi;
p:erc~l could have been favur:ebly considered Ic,c
commercial development.-
k
ATTACHMENT II
FINDINGS OF DENIAL
h:X}i l 811• "A" ~
h•(NDitiGS OF 1)f:N1,11.
_[-•--- NATURE OF !'RO(:EEU I NG5
Un March 2L, 1984, tha Woodburn f'lanninh; Commission held a public
hearing and took testimony nn Comprettensiv<• Flan :rn<I 7.onc Ch:utf;c C:rsc~
\u. 84-01. On April 5, 1984, the Planning Commission adopted finclinf;s
of approval in this case.
At lhc• :rltl>1 Ic•artt'~: r<•c}rrc•~:( :t <}c• n„vu prrhl ic• hc•:rr[n[; w:tti hc•Id hc•for•c
the Woodburn City (:uuncil on April 23, Iy84. •!'h~ puhlir hcarinj; wars
c'Ic,tic•d :urcl thc• Crrunril :rc•r,•,I, by mc,ti„n, t„ clir•c•rr r.r:rif r„ clrnfr prupc,e:c•cl
ftndings of approval toe its review and discussion at the Council's
May 14, 19$4, meeting.
•fltc matter wars, by mot ion, cunt inuc•d by thc• toodburn laity Council
.tt its May 14, 19$4, mc•c•tin);.
At the following Council meeting, on ,tune il, 19$4, the Council
was presented with Council hill No. 792, a
proposed ordinance approving
thr :rppltcation in Comprc•hensivc Plan :utd %nn<• Ch:rnf;c~ (antis Nu. R4-QI
:rnd juxtlfyin}t xnid :rl,I>ruv:rl with f (Tulin;;:; of (;rc•t and conclusions of
Inw, whereupon Council Ki11 No. 792 fuller!.
1'he Council had additional discussion of the testimony previously
presented and ncced, by motion, to direct thr stuff to prepare finding::
crf denial for Its rcv(ew nt thc~ Council meetin}; of .lone 25, 1984.
1[. FINOiNCS OF FACT
A. Facts
1. The Carts concerning; this app! ic:ttion are contained in the
public test imony h~arcl hefcr-•<~ the Woodhurn (ally Cuunci 1 un
April 23, 198~i, including, but not limited to. the stuff
report with attachments which wars fntrvduced into that record
at the time of the hearing.
2. Ttte subject parcel contains approximately l0 acres of undeveloped
real property lying; on the northonst curnc•r c,f the intersection
of State Highway 214 (Mt. Nood Avenue) and Progress Way, in the
City of Woodburn, Marton County, Urc•g;on.
3. The subject parcel ids bordered ion the north by ~ certified
public accountant's ;office and a mini-storage facility, on the
-- west, across Progress Way, by Che Portland General Electric
Woodburn District Center. and on the east by a commercial complex,
including Family Federal Savings and loan Association, Shari's
Restaurant, Payless Drug>store and Safeway Grocery Store.
ATTACHMENT II
Findings ul Uc:ni:,l
June 19, 1yt34
i'agc 2
4• The subject parcel has been desiy;n:,ted un Wn~dburn's
Tian `fap as indusCri:,l and isr.c,nucl li' in :,c:curdanc:c thmlrewlithsivc
I[ has been included by indentiCica[fun in the Woodburn Industrial
Park, and is at the present time undeveloped,
S• The applicant's request Chat the City of W<odburn amend its
Comprehensive Plan Mop from inclu~;tri:,l to Cc,mmercini use and
amend the present Woodburn 7.oning Ordtn;,nce from 1P (Industrial
1':,rk) dlr:lrlct In C(; ((;c„nr,rc•rcl:rl Cc•nc•r:,l) cllxt ric•t .
B• Applicable Criteria - ~~m.,
ehensive Plan Amendment
! . Thc• Ci ly t;uunc 11 f Indx that p:,r:,l;r:,ph IX c,f Vulcr,nc• i of thc• 19ti 1
C„mpr~hcn;civc flan of Cite City of Wnodbur„ scats forth thr
subxtantivc• <•r![eria which rrxrxt br er:tnbl i~:hc<I to justify :,n
:unc•nchn~•nt 1„ (I,c• (:~~r,rl,r'c•Irc•n',ivc• I'I:n,.
.justified by the introduction b A I~I•rrr ~ ir'~r~l''• "",r,t I„•
of c:vldonc'e tihc,wlnl~: (;r) lh:,lytlit:,md~lclmrntnl::alnAd'ompll.di~,~c.
witlr'thm ovals acrd pulicicx ul the Cumprchenslve flan narrative;
and (b) that the amendment is in compliance with the various
elements of Ctrs Comprehensive Plan rt;rrrative; and (c) that
the amendment is in compliance with the Statewide Coals and
(;uidel fines; ;rod (<I) that thc•rc• Is :r p,rhT Ic• nerd for Chc• h;,n ,
and (e) that the land best suits that public need; and ` f,c;
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;
was made in tho drafting c,f the original plan; or (a) a mistake
have changed which would justify a redesignation of (a) ~"ndltions
parcel. particular
3• The Comprehensive Plan lists un
which must be addres ed to ~ pafic S1 of Volume 1. six criteria
~ justify a comprehensive plan amendment.
These criteria c:unstitute the City's goals and policies and are as
follows;
(a) Policies for industrial. T.and lltie
Those policies dc~aTing with industrial land uYC, a~; art fc,rth on
pages 25 andlG of Vc~lumr: 1 of the Comprehensive P1<-rn narrative,
advocate industry within the city of Woodburn, which will provide
a healthy job market in a location which will
and which will avoid enviranmenCal clanrer~• provide ease of access
Attention is to be given to the visual impact of industrial
development upon arterial streets, by the appropriate use of
buffers. The industrial park concept is favored and attention
is to be given to avoid commercial encroachment on industrial
land, which might either cause the price of industrial lands to
increase or result in traffic generation
interfere with the use of adjoinin pr~hlems which would
g industrial land.
' ATTACHMENT II
w
I~indinF;s c.( Ucnta!
.lone ly. l9H4
Page 3
(I') I'ul ic•i<•s fur Commercial Land Ueyelc,hmcnt
The Cf t •'
S s Policies for commcrc l:r l
°n Pages 24 and 25 of 1:rnd development :rre fu
Volume 1 of the Woodburn Co and
IP~ve.•sufficicnt landeS that "the Cfc mPrchensive
to accomc,dace y should. a[ all tirncs~
:rrrd tlrc surrr,undin the rota i 1 needs of
ma ur E market ar<•:r• The City f,resc•ntl the City
.j curnrtrc•rcf:rl areas: 99E. 1-5 in(erch:rni;e. and
a rc•:r , " Y Ir:r s th rcc
thcr downtown
Pc,l icy 2 scares chic
should be located on well aimpruved~'rrterials.
);cner:rC inf; uses
Pcuvtdc the necessary traffic control devi<'es Heeled
their uses should
impact on thc• arterial htree•ts." to amc 1 forntc
Policy 3 states that
most unproductive "strip" zoninK should be discuura
possible form of commercial land develo ged a;; ;r
rite CiCy should cncourat;c ur rc Pmenc. Whenever
developments which ;rte dell ned Vuire Commercial
without relying on private >;utumoblles to
Commercial developments or com~tc rlluw pcd~5tri:rn:: to shop
rci:rl development shop to strop,
which require the use of Che private automobile sh:ril
coura• Patterns
fed. be dis-
c Pollc[c:: and Coal
s for Trans urt:rt ion
Woodburn's goals and
forth on Policies reKardinK transportation arc set
Plan. pages 29 and 30 of Volume I of
T e Ctt "Co
Y s teal is Wo~dburn's Comprehensive
o~ circulation within Provide for a safe effi
c'f goods ur persons movin City. ~ndtl,c pi`vide for safe itransport
g thrc,u •lr Y ,~
The C~tY's policies w
order] ith retard to eransporta[ion
Y devc:lupmc•nt cff ma•fur ;rrtrri:rl sr rec•ts en~oura •
trafl•!c flows ;rnd 6~ chc
and b rite siKnaliz:rtiun o1 tc' acc•umod~tc
Y cress
is rle a is to be m~rjur :rr(crfes. ~•
streets. Pcovidc•d nn I~destrians
arterinl and collector
4• The City Council finds
he in comp]];rncc with ChaC the Comprehensive Clan Amendment
~ Plan the vanious
narrative. e'le`ments of must
These elements arc as fc,ll~wsthr Comprehensive
system element (b) the water s (~) the sc•wcr
drainage element (d) the tcansYotem element, (c
Iruusin• P rtation element) (c)c therm
_. b element, :rnd (f) the; economic element.
5• The City Council finds ~
acknowledged b that WOodburn's Comprehensive Plan has been
N`vc y the Land Conse •va
r[heless. the City Council~findsntlr~a Development Commission.
comply with the applicable the plan amendrnent must
Statewide Coals and Guidelines.
ATTACHMENT II
" Findings of genial
- Junc 19. 1~I1i4
• faga 4 ~ '
6• rho City Council finds that there mu tit be :r public need fur the
proposed f l:rn :amendment .
~• 1'lae City Council finds that to amend thu Comprehensive flan it
must be shown that the subject parcel best suits the public need.
8• The City Council finds that to justify a comprehensive
it must be shown chat the sub.jec't parcel c:rnn~t be suitable change
as it is presently designated. Y used
C• Applicable Criteria
2onc Chan .o
I• Ttrc City Council finds that secciorts IS :red 16 of
Lon inb Urdin:urcc address zunc• ch:rn ,o the Woodburn
t, prucvdurc:;.
Z• The City Council f Inds lhnt, tipc•c: i (ic•al 1
change [he applicant must: (a) tihuw thoretisyat~n~eed forunc:
use proposed (b) show that the particular ttte
in question will meet that need, Section 16.080(b)~fWoodburnY
'Lvulrrb Ut•dtrrunru.
i I I . CONC1,tJS IONS OF I.AW
]• The City Council concludes that at the present time sufficien
commercially designated land exists to accomodate the retail
needs of the Cit t
Y• The Council bases this conclusion on
in the record and, specifically, on the land use inventor
part of the record, evidence
Y made
2• The City Council concludes that the subject parcel is not iota
within one of the three established areas of commorcial develo meet
as designated in the ted
Comprehensive flan. P
3• The City Council concludes that the proposed comme
of the subject parcel constitutes stri rcial clement
fire Comprehensive Plan. P zoning as it is defined in
~• Ttte City Council concludes that a
commercial"
designated lands with services exists than<'mindustrial"
lands wiLlt services. T'lreceforo designated
parcel would violate the Comprehensiverflan development of the subject
areas of exisCtng facilities first, !n thatp~erviced tndustrialt in
designated land which is limited in amount. would•be lost to comme
development when adequate commercial designated land is
available for development. rcia
currently
5• The City Council concludes that the development of
parcel as either commercial or industrial would satisf subject
element of the Comprehensive flan. }lowever
designated lands are available Y the economic
. commercial developmentgwouldc~ olateal
tare policy of protection of industrial lands from encroachment
commercial uses.
by
-~ ATTACHMENT II
I'indirrt;:: ref I)r•;~i:iJ
.June 19, 19114
1'a};c 5
i
h . Tlr~r (: i t y C~~unc' i 1 c•c~nc• I odes t h:r t t hc• numhc•r ~,( vc•h is 1 c•
day that would probably be generated b trips per
movlc• theater and recall establ ishmc:nts withpfi62used use. a
wc,uld viul:rcc• the t:;umpcchrnsivc• 1'I:ur which statcyparking spaces•
should bc• a 1 invited access hi};hway w(th low tl''~t highway 214
The Council further concludes that: this :-ddltionalc ~Cf1Crating uses.
lion would reyuirc signaliratiun on 214 and Pro r traffic genera-
in disruption of the traffic flow. 8 ess Way resulting
~• The City Council concludes that the a
must show that under the ComprclrenslvepPlannthere isrratter of law•
need for the Prcrposed change in uses. public
by land use ordinance Since retail uses are allowed
designated for co to occupy a number of vacant Fites already
'mnercial use and since the record reflects that
adc'yrr:r t c• c•rnnnrc•r<• l:r 1 s f t c•v :rrc• :-v:r i l:rh I ~•
the• (:uune'l) further c•unciudrs th:-t the :rl(pllc:rn(ctdridcnut,vcnrryY)•
tlrc burden of proof in slruwin}; publ ic• nc•cd.
8• The City Council concludes that although the applicant cunt
that the subject parcel provides the best exposure. and ttratnded
cerc:-in of ttrc intended uses require a large amount of exposure
to traffic• nu cunvincin}; evidence was introduced to adequately
tiuhtit:rnt f:r(c• thr,tic• st nt <•mc•nt ti.
9• The City Council concludes chat the applicant failed to show
that the land cannot be suitably used as it is presently designated.
Specifically• the applicant failed to show that the land in
could nut be suitably used as an lndutitrlal use. question
concludes, based un Cite record Tfre Council
tndustrfal uses that a Substantial number of
can utilize the applican[~s siCe- These ace
identified in the Woodburn 7.oning Ordinance. Chapter 34•
Section 34.010 (A) through (C) and Section 34.030• Conditional
Uses (A) through (p) ,
10. The Cicy Ccxrncil concludes that the :rppi ic:rnt faiird Co
that tl-cre was a mistake made in draf[in prove
R the Comprehensive Pian.
II. Thu City Cuunclt concludes chat Chc :rppllc:urt [:rued Co bear
the burden of showing that conditions in the land use of the area
Ir:ivo clurn};cd lu the c•xtc•nt lh:rt :r rrdusi};n:rt tun of the prupecty is
necessary.
12. 1'he City Council concludes that the Comprehensive Plan Amendment
violates Statewide Planning Coal 2 (land use plannini;) in that it
is InconsisCent with the Woodburn Comprehensive Plan for the reasons
stated above.
13. 1'he City Council concludes that the Comprehensive Plan Amendment
violates Statewide Planning Co,rl 9
reduces the supply of (economy of the state) In that it
industrially detiign:rted Iand available with
udeyuate secvtccs. Althuubh the prupusecl development of the site would
possibly be attractive:economicaliy for a shod 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
_ _~
nnep I
®COMMERCIAL
®MULTI-FAMILY
PUBLIC NOTICE
PURPOSE OF HEARING: The Woodburn Planning Commission will hold a public
hearing to review and possibly amend the City's Com-
prehensive Plan and Zoning Districts for properties
identified on the above map as Lots (1),(2),(3),(4)
and (5). O~nl~ those properties identified as Lots
1-5 within tie "Area of Discussion" will be reviewed
for possible land use amendments.
FILED BY: City of Woodburn DATE OF NEARING: February 28, 1985
TIME: 7:30 P.M. LOCATION: Council Chambers, City Hall
ANY PERSON WISHING TO SPEAK EITHER FOR OR AGAINST THE PROPOSED COMPREHEN-
SIVE PLAN MAP AND LAND USE DESIGNATIONS MAY DO SO IN PERSON OR BY ATTORNEY
AT THE PUBLIC HEARING. ALSO, WRITTEN COMMENT MAY BE FILED WITH THE SECRET-
" ARY PRIOR TO THE TIME OF HEARING DATED THIS 15th DAY OF FEBRUARY.
FOR FURTHER INFORMATION CONTACT: Woodburn Planning Department, Public Works
Department, City Hall, 210 Montgomery St.,
Woodburn, Oregon 97011, Phone: 982-5246.
ATTACHMENT III
LETTERS OF PUBLIC RESPONSE
Due to the number of written responses to the
Public Notice staff has not incorporated them
in this packet.
This information is provided in a separate
package.
ATTACHMENT IV
CHAPTER 33 `
IC INDUSTRIAL COMMERCIAL DISTRICT
33.010 Use
33.020 Retail Sales Restricted
33.030 Pollution Authority Approval
33.040 Conditional Uses
33.050 Height
33.060 Rear and Side Yards
33.070 Front Yards
33.080. Open Storage Yards
33.090 Landscaped Yards
33.100 Site Plan Review Required
AMENDED
ATTACHMENT V
CHAPTER 33 - IC INDUSTRIAL COMMERCIAL DISTRICT PAGE 33.1
t j
Section 33.010. Use. Within an IC Industrial Commercial District no
building, structure or premises shall be used, enlarged, or designed
to be used, erected, structurally altered or enlarged except for one
or more of the following uses:
(a) Permitted Outright Uses.
Industrial Uses:
(1) Applicances, office and electrical product equipment
manufacture;
(2) Food, grain, feed and derivative products processing;
(3) Furniture and fixtures manufacture;
(4) Leather and leather products manufacture;
(5) Metal fabricated products manufacture;
(6) Paper and allied products-assembly;
(7) Printing, publishing and allied industries;
(8) Professional, scientific and controlling equipment
manufacture;
(9) Rubber and allied products manufacturing;
(10) Textile products manufacture;
(11) Textiles and apparel manufacture and fabrication of
textile products;
(12) Textiles and apparels - other facilities;
(13) Tobacco processing;
(14) Transportation equipment and manufacturing.
Section 33.020. Retail Sales Restricted. Retail sales of goods from
Industrial manufacturing in 33.010 and 33.040 are restricted to 20~ of
the gross floor or lot area for retail sales.
Section 33.030. Pollution Authority Approval. All uses specified in
Section 33.010 and 33.040 shall obtain approval from the Oregon State
Department of Environmental Quality and/or the Mid-Willamette Valley
Air Pollution Authority before approval by the City. Such approval
shall take into consideration air quality, heat, glare, light, sewage
and vibration.
Section 33.040. Condiitonal Uses. When authorized under the procedure
provided for Conditional Uses in this Ordinance, the following uses will
be permitted in a IC District:
(a) Chemicals, fertilizers, insecticides, paint and allied products
(b)
(c)
(e)
(f)
(g)
(h)
(i)
(k)
manufacturing;
Metal fabricated products manufacture;
Machinery manufacturing;
Metal working shops;
Petroleum, petroleum products, provided all storage is under-
ground;
Laboratoray-seed ,and soil testing, research;
Motor freight terminal offices;
Aircraft maintenance facilities;
Bus storage and maintenance facilities
school);
Freight forwarding facilities;
Loading docks;
(charter, local, highway,
ATTACHMENT V
CHAPTER 33 - IC INDUSTRIAL COMMERCIAL DISTRICT PAGE 33.2
(1) Wood and lumber products processings, manufacture and storage;
(m) Farm tractors and equipment;
(n) Laboratory equipment;
(o) Boat manufacature;
(p) Bottling company;
(q) Tire manufacture.
Section 33.050. Height• In an IC District, no building or structure shall
exceed 45 feet.
Section 33.060. Rear and Side Yards. There shall be a rear and side yard
on every lot in an IC District, which rear and side yard have a minimum
depth of ten feet. The minimum depth shall be increased one foot for each
additional foot of building height above ten feet, except a rear or side
yard is not requf~ed adjacent to a railroad right-of-way,.siding or spur
track; provided, however, any rear or side yard provided adjacent to a street
shall have a minimum depth of 20 feet.
Section 33.070. Front Yards. There shall be a front yard on every lot in an
IC District, which front yard shall have a minimum depth of 20 feet.
Section 33.080. Open Storage Yards.
(a) All yard areas, exclusive of those required to landscaped as provided
in Section 33.090, may be used for parking, materials, and equipment
storage yards, or areas as may be used for the purposes permitted in
the IC District provided such yard areas is enclosed with a fence or
wall placed at an height of seven feet. Any fence, wall or hedge may
be located on the property line except it may not enclose landscaped
yards, as setforth in Section 33.090.
(b) The surface of such area shall be paved or gravelled and maintained
at all times in a dust-free condition; except, that all automobile
and truck parking and loading areas shall be paved, as provided in
Chapter 10.
(c) Any lighting maintained in conjunction with material and equipment
storage areas shall be so oriented as to not shine on or reflect
into abutting proerties or streets.
Section 33.090. Landscaped Yards. Any yard provided adjacent to a street,
and the adjacent unimproved right-of-way shall be landscaped, but in no
case shall it be required to landscape more than 30 feet from the nearest
edge of the existing improvement in the street right-of-way.
Section 33.100. Site Plan Review Required. Site Plan Review shall be
required for all buildings, structures, or premises used, arranged or
designed to be .used, erected, structurally altered or enlarged in accord-
ance with the provisions of Chapter 11.
ATTACHMENT V
CHAPTER 33 - IC INDUSTRIAL COMMERCIAL DLSTRICT PAGE 33.3
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