Ord 1853COUNCIL BILL N0. 768
ORDINANCE N0. 1853
AN ORDINANCE RECLASSIFYING CERTAIN PROPERTY LOCATED ADJACENT TO AND SOUTH
OF CASCADE PARK RETIREMENT CENTER FROM RS (SINGLE FAMILY RESIDENTIAL) TO
RM (MULTI-FAMILY RESIDENTIAL).
WHEREAS, the Woodburn Comprehensive Plan and Map made pursuant to
said ordinance has heretofore established certain land uses within the City
of Woodburn`s Urban Growth Boundary, and
WHEREAS, the Woodburn City Council has reviewed the record in
Zone Change No. 83-03 and considered the public testimony previously pre-
sented; now, therefore,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. The description of the involved real property is as
follows:
Parcel No. I,
A11 that real property situated in Marion County, State of
Oregon, described as follows:
Beginning at the Northwest corner of Lot 50, Hail's Home
Tracts, Marion County, Oregon (see Volume 4, Page 34,
Record of Town Plats for said County and State); thence East,
along the North line of said Lot 250.0 feet; thence South,
parallel with the West line of said Lot, 100.0 feet; thence
West parallel with the North line of said Lot, 250.0 feet to
the West line of said Lot; thence North 100.0 feet to the
point of beginning.
SAVE AND EXCEPT: That portion conveyed to Marion County
for roadway purposes by deed dated May 21, 1965, and recorded
August 12, 1965, Recorder`s Fee Number 759271, Deed Records
for Marion County, Oregon,
Parcel No, 2
The following described real estate situated in the City of
Woodburn, County of Marion and State of Oregon, to-wit:
Portion of Hay's property, to be surveyed, generally
described as follows: 210' x 318' adjoining Martindale
property on the South,
PAGE 1 -COUNCIL BILL N0. 768
ORDINANCE N0. 1853
Section 2. The zoning designation of the real property described
in Section 1 of this ordinance is hereby reclassified from its present
designation of RS (Single Family Residential) to the new designation of
Rh1 (Multi-Family Residential ).
Section 3. The zoning designation change is subject to the
following conditions that the Council finds reasonable:
1. A vacation be initiated and approved by the City of
the 20 foot right-of-way.
2, A legal surveyor's description be submitted of the
applicants property considered in this request,
Section 4. The zoning reclassification of said real property is
based upon the staff report and findings of approval which are attached
hereto as Exhibit "A" and by this reference incorporated herein.
Section 5, The City Administrator or his designee is hereby
directed to correct the Woodburn Zoning Map to the classification herein made,
Approved as to form• r~ ~ ~Z "`~~~5 -~
Cit~torney a~ to
APPROVE
- "' ~iLLIAM J. S NE, M Y R
Passed by the Council December
_. 12
. _1 1983
__
Submitted to the Mayor ~ Decemper 14 , 1983 ~,~
Approved by the Mayor Decer~ber 14 1983
Filed in the Office of the Record December
• •+r.~..r r r r• 14,
r~ 1983
u..r
ATTEST: , .~ `,
ci°t. ~ ; `
C..~
BARNEY 0. RRIS, RECO DER
City of Woodburn, Oregon
PAGE 2 -COUNCIL BILL N0. 768
ORDINANCE N0. 1853
EXHIBIT "A"
STAFF REPORT
CASCADE PARK RETIREMENT CENTER
ZONE CHANGE CASE #83-03 ZC
MINOR PARTITIONING CASE #83-04 MnP
PART I
I. APPLICANT: Forrest L. Preston, General Partner of Woodburn
Investment Assoc., Cleveland, Tn.
II. REPRESENTATIVE: Dick Halter
III. APPLICANTS REQUEST: The request is to "up zone°' a acrd parcel from
Single Family Residential t~~~ i~lulti~Fa~r~ily Rc,si-
dential zone. ~rhe purpose of the zone change
vrould be to allo~r the ci~~vr.}lc~r~~r~ent of ra G1-unit
co~r~plex that ~rou1d be an extension of the exist-
i ng C~~scade Park Reti re~~~ent Comer.
IU. LOCATION: The proposed nano change ~~roperty is located on properties
adtijacent to and S~tuth of t3~e e~i ~tinq center. Thy ~~~ne
change wo~~l d af~ff-~,ct ~~:6ir~~ 5~~r~~~E~al s , ~ ~xh i bi t I ~ . ~arce~l ;J'~~)
consists t~f a ~0 fao~~ ri gh~C-of-E~~ay o~~~ned by the C~i ty of
Woodburn. Parcel (r~) ~i s prop~~r~Ly i~resc~n~tly o~~~nc~i ~y ~1r.
Marti nda1, The ~E~e111 nC~ an this ~~lou1 d he re~~loverl. Parcel
~G} of Exhibit I re rese~~~ts a pca~~t~on of a 1`ar~c~cr ;~a.rcel
owned k~ ~~ir . Na es .
y .Y
V. BURDEN OF PRaOF.
A) Section 1.080 the follo~ling specific cj~ae~;ions shall be given con-
si derati on i n eval uati nq requests reoard i ny zoni nr~ aE7~end,~~ents anci are
as follows;
(b) Ta ~ur~~~o a, za~~e ch~~~ge., ~~xe. a~a~~;~~~i.~ ~sl~ut,~',;
~ 1 j Show ~~1~.e .(.,3 a ~2e~.cf ~a~~c.:the. u~~e p~~.oraa~~~d,
(2 ~ S6~aw ~t6~.~ .~~~~, ya~`t,~,t.c.cc~c~~. ~~~e~.~ ~C 1~nal~~
ti~1 c~u~~~~art w.~,~,~ ~ps~: rr~t~.~~ ~~cct,~ r~e.e.r~,
Ic1 A C,i~y CaunctiQ deetistiorz a~2 Zane, rend Cam~~ce.Gtevt3.t,ve.
hdap amendme~~g c~.~ "~ccdt.c•~.ct-~ ~.i~e", ,c,n ~hcc,~ c~ dec,~s.co~.
nru~~ ean~.ide~c ~lze ev,ide.r~ce c~«d c~~eir~~~. ~hc~.~ ev~,dcnce
u.ga.,~~~ w6~~~ ~6Lc Ca~~~n~~~zen~s~.L~e 1'.~.aV~l c~~~.ec~s ~d~l~ Ct~urtc,t,~
~a da.
~Qy Applicants Response:
1) "It i s our opinion that ire are i n conformance wri th the Cor~prehen-
sive Plan in requesting a zane change fr0~~ °'Residential~Sinclle
Family" to "Residential-Multi-Fa~~ily°°
2} based upon the present occupancy rate of our existing retire~7~ent
center, Cascade Park, we feel there is a public need for this
change. Additional land is rewired far the ror~structian of units
to meet the public need for housing for the elderly.
I IT SHOULD DE NOTED THAT SINCC .SHE PLANNING COMMISaION FEARING OF OCTODER 1
3,
1983 THE APPLICANT HAS TAKEN STEPS ~1~0 SECURE AN ADDITIONAL 318' x 4(~' PARCEL
FRUP9 MR. HAYES FOR THE PURPOSE OF ADDITIONAL PARKING RND ELIMINATE A POTENTIAL
ROADWAY FROM THE REMAINING HAYES PROPERTY TO CASCADE DRIUEEXi-IIi3IT II, RAGE 9.
_ l _ rf171
EXHIBIT "A"
37 The need far additional units can best be ~~et by expansion o#~
our present facility. since we have the existing building, we
believe this plan i s the mast effective for cost car~tai r~ment,
thereby resulting in ~~~re favorable rental fees for residents.
4) Due to the fact that this property joins a~jr existing retire-
~~ent center, i t i s only 1 agi cal that i t i s the most appropriate
land to use for this project and that ~~e should expand here
rather than seek other oval iabl e 1 and i n the vicinity ~~i th the
praper zoning.
57 Since our plan is to construct units for ~~ult~iple fa~~ily hous-
ing for the elderly, we cannot ~i~ake a reasonable use a~f land
that is currently zoned 'Residential-Single, "
VI. PERTINANT COMRREt~ENSIifE PLAN GOALS, POLICIES Ae~D STATEMENTS:
A. 7"he hau~~.ng gaa,~ a~ the C~~~~ ~ ~:cr :~r~.SC~n~. ~h~f~ ade~~c~atc {zou~.~.~ig ~a~.
a~ ~ 2c.~ah~ a ~ ~th~. camtnu~~~ .ts pna~~.~ c"~.c~, (Carrpnc.l~.eyi~~~~.~~e P~ar~ ~~a~..
~ , Pg . 2 7, Gaa.~ l) .
~. T6-~e. C.~,ty w,i~,~ ~u~ut~c ~~~~ ~~~~~~~c~.c~~~ .~~~~~~~~ ~.~ rrtt~~~~C~. rtU~.~n~~Ce .~a
accar~~madate ~hc gnau~th a~ .~~~c C~~~. ~~E~.t.~ ~7~>.r~~c,~l~~.:~ :G~~a~ s~~~~:~._
c~icji~:.~ar~d ~a~. ba~6~ d2~g;i 1~~~~,~,~~ t~~7r~ ~~1~U t~~~~~,~~t,~r~ '~~~~s.~~i~r~.t~tn~'.
dev~apme-~,~ tis pt~av.ide.d ~.~~th.~~z ~l~~e. c.o~~~~.~~.~ of ~6~2e, ~~~i.U~~~~t artd
deur~apmc,~zt g~tr~ a ~ .t~rc C~..t~. (Ca~~1r~ , ~'~cz,r~, . Va.~ . # , ~'~~ . 2 9,
Pa~,icy ~ ~ .
C. I~ ,i~ ~hc pa.~,t.c~ a~ ~hc C~.~r~ ~~~ c~z~~~~~~t~.~rge. r~ vr~~,~.~..t~~ as ~u~~-s~~~W~
~il~~ ~u accammodct,~e ~~~ic ~~~r~1ti~E~trf,-5 ~~ ~~d1c t~v~~<<P h~rt~,~~x~t~j rrit~~,f~e.f:.
(Cvr~~l~, p.~.art Ua.~. 1, I'g, 27, ~'~~~.cl/ 31,
~( H~.gh der~~t~ti~;y ~~.e~~~.rf~v~,{.a~ rrr~~a,S sh~~r~,~~ he 'r~c~~cd ~a c~.~ .~;~ r7~irlrz._.
nuzc the, pa~~tib~c d~.et~,~a~ c~{cc,~~ a~~~ cad°accE~.~ ~G~tU dct-r~~~~y
~~e~~.der~t d~,v~aprncrt~ . ~~zen ~ug62 de.r~ J%,~~ ct~-i~ ~'~~u~ dci2~.~,t:~
anew abut, der~s~.,ty ~hau,~c~ dcene.~e ,~.~, ~12c~~e c~r~.ca~ tirrr~ncd.~a,#:~,~.~
ad~ac~.~~t ~a ~.ai~ dc~.tty ~.v~~ic~e.r~~a~. ~~~yzc~, ~J~t~}~(?vf'~`l pa~~,~.b~~,,
bu~{~ e~.rig ~hau~d be ptraac~~.ccd by ~uc~~ ~~?earz~ c~5 ~'and.~cr~p~~..~.9,
~~.g~,t-ab~eg ~ence~~ arld ~le.dge~, rind ~.r~~~ei~scr~ ~,~bach,3.
(Camp. Phan Ua.~. 1, Pg, 2~, Pa.~.cc~ ]D~ .
~') T~.a~~tie ~rcam ~gl~ d~~~,~~ ,~.,t.c~enu.a~, anew ~shaut'..d Gcavc acce~s~
,ta ca.~2c~tan a~. cUrteJ~,ta,~ ~~.c w~,t~raut ga~.r~.g ~~~~augh a~he~~.
~.e~tide~,~,~.ak ah.ea~ . (Ccmp . P~ar~ Ua~.. J , P Jt . 2 4, f'a e~iey 1 ~) .
~' y Re~s~,dcn~,c:a,~ deve,~apme,rz~ wh~eh lTauc r~~.n~.~,~, c~tc~~teh. ~hc~rc l 2
dw~;~.g un,~s pen g~.ar~~ ac~.e~ but ~.vs~ ~6z~~.n 25 ~~~~P~~.~.g urn
per. gnab~ ac.~.e a~r.e coru~.~de~re.d 6ugh d~r7~~~y n~~ti~~ev~~.~~ ~n ~1~
p~a.n. Nau~,cng ~yp~s ~c.r~ckc~.d2: ~awnharn~.~, gu,~.d~.rt apa~c~m~.ti~t,~5,
mab~e hams panfvs (ner~~s.n.g ~pace~ ~a ma b~,~c 6~ame owrre~) , a~~d
the .:fie. (Camp. Phan Va.~C. 1, ~'tg. 22 ~De,~.{.ut~~.ari~~ j .
-z- lOD
EXHIBIT "A"
VII. STAFF COMMENTS:
A) RIGHT-UF~WAY: Presently the property as identified on Exhibit I
as City right-of -gray i s one issue to bc~ resolved i f the zone
charlge is granted. Presently if the proposed development were to
take place the structure would not meet the setback standards fro~11
that right-af--way, Secondly the City would bc~ responsible for
maintaining this 20 foot strip. Therefore to resolve this problem
staff recommends the applicant repuest vacation of the ~0 foot
right-af-way and in turn give the City a 20 fact easecr~ent over this
same area. This would do primarily three things: (1) Put this strip
an the property tax rolls, (2) Relinquish maintenance of this strip
from the City to Cascade Park Retir~~cu~ent Center, and (3) It: would
still allow usage of a 20 foot strip far utilities by the City,
B} MINOR PARTITION: The applicant will be purchasing only a portion
of Mr. Hayes property (Approximately 1 acre), This requires the
applicant to provide a surveyors 1 eaal descri pti c~r~ of the property
that i s to be Darti ti or~ed to t}1e applicant.
C} (3lJRDEN OF PROOF: Eased on Cascade Park's accu~;ancy mate the e~par7-
sion to the foci 1 i ty tQ tie ara joi ni n~~ property l~~o~a1 d be a 1 ogi cal
extension of that facility.
U) I~~teres~~in~~ly the a~~G~licar~t, chid n~~t r~E.t.~~~F3~;~, ~z ?~~r~~~ (;~1~2C-~~f' I,r~ C;o~!~-
mercial which under the t,o+i~(~rehr~~n~,iv~~ ~'~E~~n ~r{~~al~:~ ~~ave k~eE:~r~ t_~lla~~e~1,
The applicant i s therefore requesti rti~~ a zr~rie chanq~~~ tha ~ i s si gni f i -
car~tly less intense that could actually bra allo~~aed.
E) The request fora zone c~~ans~e to 1~~~1 (f~1u~l ~ i ~~~ali~i ly Res ~i ~lent~i a l } i s
i n keepi nra with the Ca~>>pr~:~hEans i vr~ ('1 r~rt L.ar~d lJse fi~1a~~ ,
F} The applicants request does not vial ate the City's Cai7~prehensive
Plan's Goals, Policies or statements identified in Section UI.
G) The proposed use lies in close proxirl~ity to Senior estates and ex-
pands the type of housing r~lade available to the senior citizens of
our community.
H) The development would have direct access to a collector street.
VIII. FINDINGS:
A} The zone change will allow for the expansion of an existing facility
to take place to accommodate an existing need based an exlsting
occupancy rates,
D} The zone change would be in keeping Frith the uses allo~red on the
Comprehensive Plan Map.
C) The request does not violate identified Goals, Policies ar state-
ments fou~~d in Section VI of this report.
D} The proposed develor}ment has adequate access to a collector street.
-3-
/~ ~
EXHIBIT "A"
r
IX. CO~dDITIONS OF APPROVAL:
A} A vacation be initiated and approved by the City of the 20 foot
right-of~way.
B) A legal surveyor's description be submitted of the applicants
property considered in this request.
..4_
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