Ord 1846COUNCIL BILL No. 758
ORDINANCE No. 1846
AN ORDINANCE ANNEXING AND RECLASSIFYING CERTAIN PROPERTY LOCATED ADJACENT TO
AND SOUTH OF COUNTRY CLUB ROAD AND APPROXIMATELY 400 FEET EAST OF ASTOR WAY
FROM RS (SINGLE FAMILY RESIDENTIAL) TO RL (LIPIITEO 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 Annex-
ation Case No. 83 -02, Comprehensive Plan Map Change 83-02 and Zone Change
83-02 and considered the public testimony previously presented; now, there-
fore
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. The legal description of the involved real property is
as follows:
Lots 1, 2 and 3, ELMENDORF ACRES, P~9arion County, Oregon.
SAVE AND EXCEPT: Beginning at the Southeast corner of Lot 1,
Elmendorf Acres; thence North 86° 59' West along the South
line of said Lot 348.50 feet; thence North 3° Ol' East at right
angles to the South line of said Lot 120.00 feet; thence South
86° 59' East parallel with the South line of said Lot, 376,43
feet to the East line thereof; thence South 16° 07' West along
the East line of said Lot 123,24 feet to the place of beginning.
ALSO SAVE AND EXCEPT: Beginning at the Northeast corner of Lot
2, E1mendorf Acres, in Piarion County, Oregon; thence West along
the North line of said Lot a distance of 200 feet; thence South
16° 09' West parallel with the East line of said Lat 184.1 feet
to the South line of said Lot; thence East along the South line
of said Lot 200 feet to the Southeast corner thereof; thence
North 16° 09' East along the East line of said Lot 184.1 feet
to the place of beginning.
ALSO SAVE AND EXCEPT that portion conveyed to Marion County,
Oregon, by deed recorded in Book 573, Page 717, Deed Records
for Marion County, Oregon.
Page 1 -COUNCIL BILL No. 758
ORDINANCE No. 1846
ALSO SAVE AND EXCEPT: Beginning at a point in the South line of
Country Club Road whic is 745.00 feet Easterly along said South
line from the Northeas corner of Lot 14, Block 23, Woodburn
Senior Estates No. 2 a d being in Section 7, Township 5 South,
Range 1 West of the Wi lamette Meridian in Marion County, Oregon;
thence South 2° 41' 35' West, perpendicular to said South line,
384.53 feet to the Sou h line of Lot 3, Elmendorf Acres; thence
South 86° 59' East 262 43 feet along said South line of said Lot
3 to the Southwest cor er of that tract recorded in Volume 676,
Page 621, Marion Count Deed Records; thence North 3° O1' East
120.00 feet along the est line of said tract to the Northwest
corner thereof South 8 ° 59' East 376.43 feet along the North
line of said tract to he Northeast corner thereof; thence North
16° 07' East 102.82 fe t along the West line of Boones Ferry Road
to the Southeast corne of the Pacific Northwest Bell tract as
recorded in Volume 640 Page 017, Marion County Deed Records;
thence North 87° 23' W st 200.00 feet along the South line of
said Bell tract to the Southwest corner thereof; thence North
l6° 07' East 173.82 fe t along the West line of said Bell tract
to the Northwest corne thereof; thence North 87° 23' West 503.75
feet along the South 1'ne of Country Club Road to the place of
beginning.
ALSO SAVE AND EXCEPT:
along the South line o~
corner of Lot 14, Bloc
Southerly on aline pe
Club Road, 125 feet; t
of Country C1 ub Road,
1 ine perpendicular to
Westerly 200 feet a1 on~
the point of beginning
Section 1, Township 5
Beginning at a point 545 feet Easterly
F Country Club Road from the Northeast
< 23, Woodburn Senior Estates No. 2; thence
^pendicular to the South line of Country
pence Easterly parallel to the South line
?00 feet; thence Northerly 125 feet on a
the South line of Country Club Road; thence
1 the South line of Country Club Road to
al l situated i n the Northwest 1 /4 of
youth, Range 1 West, Marion County, Oregon.
Section 2. The real property described in Section 1 of this ordinance
is hereby annexed to the City of~Woodburn.
Section 3. The Comprehensive Plan Map designation of said real property
is hereby changed from its preset designation of Single Family Residential to
the new designation of Multi-Fam~1y Residential.
Section 4. The Zoning designation of said real property is hereby rec1assi-
fied from its present designatioh of Single Family Residential to the new design-
ation of Limited Family Residentia1g
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ORDINANCE No. 1846
Section 5. The Comprehensive Plan Map Change and Zoning designation
change are subject to the following condition that the Council finds reason-
able: "The Comprehensive Plan Map and complimentary Zone change to RL
(Limited Multi-Family Residential} District is conditional on
the applicant fulfilling the proposed development."
Section 6. The Annexation, Comprehensive Plan Map change, and Zoning
reclassification of said real property are based upon the findings of approval
contained in the staff report and specifically those findings which are attached
hereto as Exhibit "A" and by this reference incorporated herein.
Section 7. The City Administrator or his designee is hereby directed to
correct the Woodburn Comprehensive Plan and Zoning Map to the classification here-
in made.
A roved as to form: ~~~ , "~ ;~,. '~~~'" _
City Attorney
Passed City Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
/'C~ /'~ ." ~ .~
Date
APPR0IIED:
4~ LLIAM C ST E, R
.-~ .~, F
Page 3 - COUNCIL BILL No. 758
ORDINANCE No. 1846
ATTEST:
A E 0.` URR S, Recorder
City of Woodburn, Oregon
October 24, 1983
October 25, 1983
October 25, 1983
October 25, 1983
EXHIBIT '`A"
FINDINGS OF APPROVAL
I. NATURE OF PROCEEDINGS:
In September 1983, the applicant requested an Annexation, Comprehensive
Plan Map and Zone change fora 2.9 acre parcel from RS ~Singie Family
Residential to RL Limited Multi-Family Residentia1~ a retirement center
is proposed for the site. This parcel would be added to an existing 3
acre parcel presently zoned RL. A staff report was made recommending
approval of the application, and a hearing was held before the Woodburn
Planning Commission in September of 1983.The Planning Commission recom-
mended approval and forwarded the recommendation to the City Council.
A public hearing was duly noticed and held at the September 26, 1983
City Council meeting. After the public hearing was concluded the City
Council directed staff to prepare findings of approval.
II. APPLICABLE CRITERIA/FINDINGS/CONCLUSIONS:
lA. APPLICABLE CRITERIA: Woodburn Comprehensive Plan Vol. 1, Paae Z6
is found to apply to the land use decision and reads as follows:
Annexation policies are extreme]y important for the City. While
it is important that enough land is available for the necessary
development anticipated in the City of Woodburn it is also ess-
ential to prevent too much land being included in the City limits
as this leads to inefficient, sprawling development. Because of
the need to plan for public improvements, the City should~~nsure
that there is a five year supply of vacant land within the City.
Services should be provided to that land during that five year
period.
1B. FINDINGS: Within the city limits adjacent to Senior Estates there
exist three areas designated for Multi-Family Residential develop-
ment. Two of these sites are presently utilized with the appli-
cants site the only vacant Multi-Family property available. The
proposed size of the retirement center development requires addi-
tional land be incorporated to the existing parcel thereby the
2.9 acre annexed parcel becoming an extension of an LR Limited
Multi-Family Residential) use. A11 public facilities are available
to the site which is within the City's Urban Growth Boundary.
1C. CONCLUSION: The Council concludes the annexation of the 2.9 acre
parcel to an existing 3 acre parcel is necessary to meet the pro-
jected demand fora retirement center.
2A. APPLICABLE CRITERIA: State Statute "ZZZ.l10 Effect of consent to
annexation by territory; proclamation with and without city election;
ordinance of annexation; records transmitted to Secretary of State
~l) The legislative body of the City need not call or hold an election
in any contiguous territory proposed to be annexed, or post notice in
the contiguous territory, if more than half of the owners of land in
the territory, who also own more than half of the land in the contigu-
ous territory and of real property therein representing more than half
of the assessed value of all real property in the contiguous territory
consent in writing to the annexation of their land in the territory and
file a statement of their consent with the legislative body on or before
the day:
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(a) The public hearing is held under ORS 222.120, if the city
legislative body dispenses with submitting the question to the
registered voters of the City;"
2B. FINDINGS: The property owner to be annexed filed a statement of
consent. This property is contiguous to the city limits. All
property owners within 250 feet of the property affected by the
Annexation, Comprehensive Plan h9ap and Zone change were notified
of the request.
2C. CONCLUSION: The City Council concludes proper notification for
the Annexation, Comprehensive Plan Map and Zone change were made.
3A, APPLICABLE CRITERIA: Plan changes can be reviewed and approved con-
currently with Zone change requests (Section 16.040-080 Z.O.} if
the following criteria are met:
a. The proposal complies with all applicable Statewide Goals and
Guidelines.
b. The proposal complies with the remaining Goals and Policies of
the Comprehensive Plan.
c. There is a clearly demonstrated public need for the proposed
amendment.
d. The proposal best satisfies the public need,
e. To support an amendment to the Comprehensive Plan, the appli-
cant shall:
]~ Prove that the original plan was in error;
2} Show that the community has changed since the original plan
was adopted; or
3) Show that there has been a change in the planning growth
policy of the City.
f. To support a zone change, the applicant shall;
1) Show there is a need for the use proposed;
2) Show that the particular piece of property in question will
best meet that need.
g. A City Council decision on Zone and Comprehensive Map amendments
are "judicial like", in that a decision must consider the evid-
ence and weigh that evidence against what the Comprehensive Plan
directs the Council to do.
3B. FINDINGS: The City of Woodburn's Comprehensive Plan was adopted by the
Land Conservation and Development Commission in 1981, thereby confirm-
ing the plan was in compliance with Statewide goals and guidelines.
The request is to modify the plan map from low density residential (less
than 12 units per acre) to high density residential (greater than 12
units per acre) fora three acre parcel.
The applicant through their research and marketing techniques have found
that a need exists in the immediate area (Senior Estates) for this type
of development (Applicants Statement Page 5) of staff report. They have
based this conclusion on the fact that 100 + prospective customers have
inquired as to their desire to reside at the retirement center.
Areas designated for this use in the immediate vicinity are fully uti-
lized.
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3C. CONCLUSION: The Council concludes the application would add
necessary land in close proximity to Senior Estates to accom-
modate the retirement needs of that community.
4A. APPLICABLE CRITERIA: ~Joodburn Comprehensive Plan, vol. 1, Pg. 21,
Goal 1 is found to apply to the land use decision and reads as
follows:
The housing goal of the City is to ensure that
adequate housing far all sectors of the com-
munity is provided.
4B. FINDINGS: Applicants 3 acre parcel is the only multi-family pro-
perty in close proximity to Senior Estates that could accommodate
this proposal. A11 other multi-family districts adjacent to Senior
Estates are either presently used for such uses or have physical
barriers-specifically that property East of Cascade Drive on High-
way 214 - that would seperate the proposed use from the Senior
Estates area.
4C. CONCLUSION: The Council concludes the proposed development would
__
add the necessary land to accommodate the retirement needs of the
Senior Estates community.
5A. APPLICABLE CRITERIA: Woodburn Comprehensive Plan vol. 1, Pg. 29
Policy 2~ is found to apply to the land use decision and reads
as follows:
The City will ensure that sufficient land is made
available to accommodate the growth of the City.
This requires t'~at sufficient land for both high
density and low density residential developments
is provided within the confines of the growth and
development parts of the City.
5B. FINDINGS: The annexation of the proposed property would provide
additional acreage to the multi-family land inventory. Based on
single family residential land availability -see Comprehensive
Land Use Map - the low density residential lands inventory would
not be diminised significantly.
5C. CONCLUSION: The Council concludes the additional acreage to the
multi-family land use base would not jepordize the single family
land use base inventory.
6A. APPLICABLE CRITERIA: The Woodburn Comprehensive Plan Vol. 1, Pg. 21
Policy 3 is foun to apply and reads as follows:
It is the policy of the City to encourage
a variety of housing types to accommodate
the demands of the local housing market.
66. FINDINGS: The action to allow annexation and development provides
the opportunity for the City to encourage anew housing type within
the community and accommodate a need that is unique to the City of
Woodburn.
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6C. CONCLUSION: The City Council concludes the Annexation, Com-
prehensive Plan Map and Zone change to RL (Limited Multi-
Family Residential) will encourage a new housing type.
7A. APPLICABLE CRITERIA: The Woodburn Comprehensive Plan Uol. 1,
Pg. 23 Policy (1 is found to apply to the land use decision
and reads as follows:
Residential areas should be designed around a
neighborhood concept. Neighborhoods should be
an identifiable unit bounded by arterials, non-
residentia] uses, or natural features of the
terrain. The neighborhood should provide a
focus and identity within the community and
should have a community facility, such as a
school, park, or privately owned corm unity
facility to allow for interaction within the
neighborhood,
76. FINDINGS: The proposed use which lies adjacent to Senior Estates
expands the types of housing that is made available to the 1aEr'oe Wood-
burn retirement community by being in close proximity, it is an
expansion of this "identifiable" neighborhood. The proposed
development would have direct access to Country Club Road, a
major collector through Senior Estates subdivision.
7C. CONCLUSION: The City Council concludes the proposed development
wil `enhance and become an intregal part of the Senior Estates
community.
III. CONDITION:
The Council finds that the following condition is reasonable for the pur_
pose of serving the basic intent and purpose of the zoning district and is
necessary to protect the established values in the area and is imposed as
follows:
The Comprehensive Plan Map and complimentary Zone change
to RL (Limited Multi-Family Residential District is con-
ditional on the applicant fulfilling the proposed develop-
ment.
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