Ord 1833COUfJCIL BILL PdO. 737
ORDIPJAPJCE NO. 1833
AN ORDINANCE RECLASSIFYING CERTAIN PROPERTY LOCATED EAST OF INTERSTATE-5
AND SOUTH OF HIGHWAY 214 FROP9 RM (P~9ULTI-FAMILY RESIDENTIAL} TO CG
(COMMERCIAL GENERAL}.
WHEREAS, the Woodburn Comprehensive Plan and f~9ap made pursuant
to said ordinance has heretofore established certain use zones within the
city of Woodburn, and
WHEREAS, the Woodburn City Council has reviewed the record in
Zone Change Case No. 81-06 and considered the public testimony previously
presented, and
WHEREAS, the Oregon Court of Appeals remanded this matter for dis-
position consistent with the opinion of the Land Use Board of Appeals in this
case, and
WHEREAS, the applicant has modified his zone change application and
a new public hearing was held before the Woodburn City Council; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. The following described real property within the city of
Woodburn, Puri on County, State of Oregon, i s hereby reclassified from Rho
(Multi-Family Residential} to CG (Cor~nercial General}:
Beginning at a 5/8" iron rod with aluminum cap marking the intersection of the
Southerly Woodburn City limits line and the Westerly right of way line of
Evergreen Road, the location of said Southerly city limits line being
described in City of Woodburn Resolution #504, said monument bears PJorth
89Q19'2o" West 50,00 feet and North 88°52'10" West 50.00 feet from the
Northwest corner of Lot 1, .Block 69, Woodburn Senior Estates #7, as recorded
in volune 22, Page 42, Marion County Book of Town Plats and running thence
North 88°52'10" West 1957.41 feet along said city limits line to a 5/8" iron
rod with aluminum cap on the Easterly right of way line of Interstate Freeway
(I-5), thence North 35°54'18" East 669.62 feet along said Easterly right of
way line to a 5/8" iron rod with aluminum cap on the Southerly boundary line
of the C-3 Zone, said Southerly boundary line being parallel to and 750 feet
Southerly of the Southerly right of way line of State Highway 214; thence
South 88°52'10" East 1571.23 feet along said Southerly zone boundary line to a
PAGE 1 - COUPJCIL BILL NO. 737
ORDINANCE N0. 1833
5/8" iron rod with aluminum cap on said Westerly right of way line of
Evergreen Road thence along said Westerly°right~~of way line as follows:
South 0 51 41 West 0.37 feet and South 0 40 40 West 190,08 feet to a
5/8"iron rod with aluminum cap marking the Northeast corner of that parcel
of ]and described in Volume 714, Page 021, Marion County Record of Deeds;
thence North 89°19`20" West 290.40 feet along the Northerly boundary line
of said parce] of land to a 5/8" iron rod with aluminum cap marking the
Northwest corner of same;thence _South 0°40`40" G~Jest 300.00 feet along the
Westerly boundary line of said parcel of land to a 5/8" iron rod with
aluminum cap marking the Southwest corner of said parcel of land; thence
South 89°19'20" East 290.40 feet along the Southerly boundary line of said
parcel of land to a 5/8" iron rod with aluminum cap marking the Southeast
corner of said parcel of land, said Southeast corner being on said Westerly
right of way line of Evergreen Road; thence South 0°40'40" West 59.60 feet
along said Westerly right of way line to the point of beginning.
EXCEPTING THEREFROM that tract conveyed to Barclay Square Associates,
Phase I by deed recorded July 21, 1975, in Reel 20, Page 1061, Marion County
Records.
ALSO EXCEPTING THEREFROM that tract conveyed to Preferred Structures, Inc., by
deed recorded April 2, 1979, in Reel 162, Page 478, Marion County Records.
ALSO EXCEPTING THEREFROM that tract conveyed to City of Woodburn by deed
recorded August 13, 1975, in Reel 22, Page 186, P~Iarion County Records,
ALSO EXCEPTING THEREFROM that tract conveyed to Barclay Square Associates,
Phase I, by deed recorded September 23, 1975, in Reel 25, Page 1316, Marion
County Records.
Section 2. This reclassification and approval of the land use
application is based upon the findings of approval which are attached
hereto as Exhibit "A" and by this reference incorporated herein.
Section 3. The City Administrator is hereby directed to correct
the Woodburn Zoning flap to the classification herein made.
Approved as to form: 01-21-83
N. Robert Shie ds, City Attorney Date
APPROVED:
W LLI P~ J. C dE, Mayor
Page 2 -COUNCIL BILL N0. 737
ORDINANCE N0. 1833
.Passed by the Council September l~, 1983
Submitted to the Mayor September 13, 1983
Approved by the Mayor September 13, 1983
Filed in the Office of the Recorder September 13, 1983
~_
ATTEST.-~- ~~ ~ . ' .c;~i~..-~.~.._
RNEY 0. URR ,Recorder
City of Woodburn, Oregon
page 3 - COUNCIL BILL N0. 737
ORDINANCE N0. 1833
Exhibit "A"
FINDINGS OF APPROVAL
I. NATURE OF PROCEEDINGS
In July 1981, the applicant requested a zone change on a
one acre parcel from Commercial Office (CO} to Commercial General (CG}
and a 13 acre parcel from Multi-Family Residential (RM} to Commercial
General (CG}. A staff report was made recommending approval of the
application, and the first hearing was held before the Woodburn Planning
Commission in August of 1981. The Planning Commission recommended
approval and forwarded the recommendation to the City Council which
considered the matter on September 14 ,and 28, 1981. Findings of Denial
were adopted by the City Council on October 12, 1981. On July 14, 1982
the matter was remanded to the Woodburn City Council by the Land Use Board
of Appeals (CUBA No. 81-125} "for action not inconsistent with its opinion."
The matter was appealed to the Oregon Court of Appeals by the City of Woodburn
and, on March 23, 1983, the decision of the Land Use Board of Appeals was
affirmed without an opinion. The City Council, at its June 27, 1983 meeting,
directed the staff to schedule a public hearing before the Council concerning
the 13 acre parcel. The applicant represented to the Council that he was
withdrawing consideration of the one acre parcel from the application. A
public hearing was duly noticed and held at the July 11, 1983 City Council
meeting. After the public hearing was concluded, the City Council directed
staff to prepare findings of approval.
II. FACTS
1. The facts concerning the application are contained in the records
and files of the Planning Department, Planning Commission, and City Council
regarding this matter, together with the public testimony, all of which is
by this reference incorporated herein. Specifically, the relevant portion
PAGE 1 - FINDINGS OF APPROVAL
of the record submitted to the Land Use Board of Appeals in Case No. 81-125
is made a part of the record.
2. In the original hearing two parcels were reviewed in the request.
Parcel one lies on the west side of Evergreen Street and 425 feet north of
the Hayes, Evergreen intersection. Parcel two lies west and adjacent to
the most westerly terminus of west Hayes Street.
3. For purposes of the present application, the applicant requested
that only parcel two, containing approximately 13 acres, be considered for
review. A letter requesting this action is appended to the staff report.
4. The applicant is proposing a zone change of the 13 acre parcel from
RM (Multi-Family Residential} to CG (Commercial General}. The applicant
intends to offer the land far sale and development in conjunction with the
adjoining commercial general parcel to the north of the subject property.
5. The parcel is presently zoned RM (Multi-Family Residential} and is
designated on the Woodburn Comprehensive Plan map as commercial.
6. The parcel is presently vacant.
7. The property to the north of the parcel is presently zoned CG
(Commercial General} and is developed with service stations and a fast food
' restaurant along Highway 214, the remainder of the property is vacant. The
property to the east is zoned RM (Multi-Family Residential} and contains
apartments (Barclay Square) and the French Prairie Care Center and CO
(Cor~nercial Office};which contains the Evergreen Medical Clinic. The appli-
cant's south property line is also the city limits. At the time of any
future annexation of property to the south of that boundary the annexed
property would be incorporated into the city for commercial use as designated
on the Comprehensive Plan. The west property boundary lies adjacent to
Interstate 5.
PAGE 2 -FINDINGS OF APPROVAL
III. APPLICABLE CRITERIA/FINDINGS/CONCLUSIONS
lA. Applicable Criterion: Woodburn Comprehensive Plan, Vol, 1,
Chapter 7 (b)(1~ is found to apply to the land use decision and reads as
follows:
The City should at all times have sufficient land to
accomadate the retail needs of the City and the sur-
rounding market areas. The City presently has three
major commercia] areas: 99E, I-5 Interchange and the
Downtown area. No new areas should be established.
1B. Finding: The City presently has 9.16 acres of underdeveloped
Commercial General land and Z9. 12 acres of undeveloped Commercial General
land. The inclusion of the proposed zone changes would add approximately
13 acres to the City's inventory of Commercial General zoned lands. The
subject property lies within one of the three defined major commercial areas
of the City.
1C. Conclusion: The Council concludes that the proposed development is
within the I-5 Interchange, a major commercial area referred to in the Compre-
hensive Plan and that approval of the application would add necessary land to
accomodate the retail needs of the City and the surrounding market areas.
2A. A licable Criterion: Woodburn Comprehensive Plan, Vol. 1, Chapter 1
(b7 (Z) is found to apply to the land use decision and reads as follows:
Lands for high traffic generating uses (shopping centers,
malls, restaurants, etc.) should be located on well improved
arterials. The uses should provide the necessary traffic
contro] devices needed to ameliorate their impact on the
arterial streets.
26. Finding: Evergreen Road is a designated major arterial in the Wood-
burn Comprehensive Plan and has an existing right-of-way of 100 feet with a
40 foot street improvement from curb to curb. West Hayes Street is a designated
collector street with an existing 60 foot right-of-way and a 34 foot street
improvement. Potential traffic problems generated by a development in this
area could be severe. The amount of traffic using Evergreen Road will be
PAGE 3 -FINDINGS OF APPROVAL
greatly increased. Although some of the traffic wi]1 undoubtedly travel
east on West Hayes after leaving any proposed shopping area, the majority
of traffic. will travel towards Highway 214. Highway 214 at the freeway
interchange is already heavily congested especially during peak traffic
hours. Vehicles trying to turn onto Highway 214 from Evergreen can only
compound the problem and make the intersection dangerous. Therefore, a
traffic control light will be needed at the intersection of Evergreen Road
and Highway 214. A consideration for the developer is that Fairway Plaza
is supposed to close all accesses to Highway 214 and construct one that
aligns with Evergreen Road. This would ease some traffic flow problems
from Fairway Plaza, it may be advisable for the developer to approach the
owner of Fairway Plaza for assistance in the installation of a traffic control
signal.
2C. Conclusion:
The Council concludes that Evergreen Road can be a
suitable arterial for the proposed development. However, traffic genera-
tion is such a major concern that the Council has conditioned its approval
upon completion of a traffic impact study, such condition which is set out
more fully below.
3A. ,Appl_____ica_ble_Grite~rion: Woodburn Comprehensive Plan, Uol. 1,
Chapter 7 (b) (3) is found to apply to the land use decision and reads as
follows:
Strip zoning should be discouraged as a most unproductive farm
of commercial land development. Whenever possible, the City
should encourage or require commercial developments which are
designed to allow pedestrians to shop without relying on the
private automobile to go from shop to shop. Commercial devel-
opments or commercial development patterns which require the use
of the private automobile shall be discouraged.
PAGE 4 - FINDINGS OF APPROVAL
36, Finding: Tihe applicant states that the purpose of the zone
change is to provide more flexibility for potential purchasers because of
the increased acreage availability. As noted above, service stations,
~r fast food restaurant, a medical clinic and several residential facili-
ties are already located within the area.
3C.
Conclusion: The Council concludes that the proposed development
would pedestrians to shop without relying on the private automobile to go
from shop to shop and that a "stip zoning" pattern would not be created.
4A._ Applicable Criterion: 4~Joodburn Comprehensive Plan, Vol, 1,
Chapter 7 (b)(4) is found to apply to the land use decision and reads as
follows:
Architectural design of corr~ercial areas should be attractive
with a spacious feeling and enough landscaping to reduce the
visual impact of large expanse of asphalt parking areas.
4B. Finding: Consideration will have to be made at the time of site
plan review to assure that adequate landscaping is provided, Con~nercial
zoned lands are required to landscape five feet adjacent to any street
{WRC 30.050}. Pao rear or side yards are required in a commercial zone unless
the property abuts a residential use or zone in which case the landscaped
yard areas shall be a minimum of five feet {WRC 30,050a}. The rear yard
shall be contained by a wall or fence not less than six feet in height, or
a compact evergreen hedge not less than three feet in height when planted and
capable of attai ni ng a height of six feet.
4C. Conclusion:
The Council concludes that this concern must be, and
shall be, addressed at the time of site plan review,
PAGE 5 - FINDINGS OF APPROVAL
5A, _ Appl i cabl e Criterion : 4oodburn Comprehensive P1 an, Vol . 1,
Chapter 7 (b} (6) is found to apply to the land use decision and reads
as follows:
Commercial Office and other low traffic generating
commercial retail uses shall be located on collectors or in
close proximity to residential areas if care in archi-
tecture and site planning is exercised, The City should
insure by proper regulations that any cor~nercial use located
close to residential areas have-the proper architectural and
landscaping buffer zones.
5~. Finding: The Woodburn Zoning Ordinance provides that in any
~~
zone change or reclassification of property to a CG district where the
territory proposed to be changed abuts a residential district, and abuts
upon a street or a11ey which would be the boundary line between the proposed
CG district and the residential district, appropriate conditions to preserve
neighborhood qualities may be imposed.
5C. Conclusion: The Council concludes that the specifics of the use in
the proposed development will be a necessary concern at the time of site
plan review. P~loreover, the Council concludes that the condition imposed on
this approval, as set out more fully be]ow, is appropriate.
6A, Applicable Criterion: Woodburn Comprehensive Plan, vol. 1,
Chapter 7 (h) ~4}, ~5), (6), ~~7} and ~8) is found to apply to the land use
decision and reads as follows:
Efficient design of all facilities should be encouraged.
The sizing of all lines should be adequate to accomodate the
expected growth within the expected lifetime of those lines.
The City should over-size the lines where it is deemed reason-
able that during the life of the facility the lines will be
carrying additional capacity.
The City should minimize the number of high maintenance and
operational cost facilities such as lift stations whenever
possible. To maximize the utility of existing City services,
and to minimize maintenance costs, existing lands which are
vacant should be developed to their highest potentia], subject
to constraints of the Land Use Plan, and excepting areas set
aside for open space preservation or parks,
PAGE 6 - FINDINGS OF APPROVAL
Development Zones -The City should encourage development
in areas of existing facilities first. Secondly, the City
should encourage development in areas where extensions of
existing City services can be accomodated. The City should
encourage development of new areas to which services can be
most cheaply extended to. The City should develop any other
areas only as a last resort. The City will adhere to~the
policies in the Storm 6~ater and Water and Sewer elements of
the Comprehensive Plan.
To insure that the growth does not increase the cost to the
present City residents, the City's policy should insure that
new developments pay for any additional services they demand.
The City shall institute the necessary taxes and fees to insure
that this is accomplished as far as is practical.
6B. Finding:~l)A ten inch water~~main exists on West Hayes Street and a
twelve inch water main exists on Evergreen Road. An eight inch sewer line
exists on both Evergreen Road and West Hayes Street. Commercial develop-
ments do not require the large amounts of water that industrial and
residential developments need nor do they generate much sewage. The
developers will be required to provide a twelve inch water loop for the
development of the site. The parcel is also an area where a future well
site for the City is proposed to be located. Crossings under the freeway
for water looping and sewer lines may also be required. The sewer on
Evergreen Road is very shallow necessitating the requirement of a lift
station, as the existing lift station is overextended and at overcapacity
at the present time. A major sewer line running south on Evergreen Road
to connect with Smith Drive may also be required.' Regarding storm drainage,
a twelve inch lines exists on Evergreen Road !and an eight inch line on west
Hayes Street. Storm drainage facilities to the property will a]so be
required to be removed by the State of Oregon as any drainage being allowed
to enter an existing 24 inch corrugated metal, pipe across Interstate 5.
6B~~2 ~ Fi n______di ng_: The State 1 i mi is the amount of run-off i t wi 11
accept into its drainage system to the natural run-off amount. In other
works,, it will accept only the amount of water that would run~.off if the
land were undeveloped. Since any commercial development would significantly
PAGE 7 - FI~lDINGS OF APPROVAL
increase the run-off amount, some sort of detention facilities such as
holding ponds will be required at the time of development. This deter-
mination will have to be made by the State Highway Department and the
City Engineering staff at the time of development.
6C. Conclusion: The Council concluded that adequate public service
facilities exist in the area of the proposed development. The proposed
development exists in an area where City services exist and where they
can be cheaply extended.
7A. Applicable Criterion: Woodburn Comprehensive Plan, Vol. 1,
Chapter 7 (i) (2) is found to apply to the land use decision and reads as
follows:
Automobile transportation -transportation on arterials
should be safe, orderly and efficient. Arterial streets
should be of sufficient width to accomodate traffic flows
without interuption. Intersections on arterials should
have the proper safety control devices to insure an
efficient and safe flow of traffic.
7B~ Finding: The parcel containing the proposed development has access
to West Hayes Street and if developed in conjunction with the commercial
general zoned property to the north, would have access to Evergreen Road
which is designated as a major arteria] in Woodburn's Comprehensive Plan.
The potenti~~, impacts on the transportation system by any development
which occurs on this site are of major concern to the City. The amount of
traffic using Evergreen Road and West Hayes Street will be great]y increased
by any development on this site. The Woodburn Transportation Plan ca1]s for
the extention of Evergreen Rdad to Parr Road. If a development occurs to
the south some of the traffic problems on West Hayes Street shall be alleviated.
The existing portion of Evergreen Road presently consists of 40 foot street
improvement from curb to curb. With the proper traffic control devices
utilized at the time of development, traffic hazards: should be kept to a
PAGE 8 - FINDIP~GS OF APPROVAL
minimum, volume II, page~183, of the Woodburn Comprehensive Plan states
"It is recommended that further widening and traffic controls be installed
along (214 with these improvements". A traffic signal will be necessary
at the intersection of Highway 214 and Evergreen Road,
7C. Conclusion: The Council concludes that the transportation
system is a major concern. The Council concludes that this concern can
be adequately addressed by imposing a condition of a traffic impact study
as set out more fully below and by the sate plan review process. Sub-
sequent to approval of the zone change, appropriate conditions dealing with
the specific site development can, and should, be imposed by the Planning
Commission and approved by the Council.
8A._~Applicable Criterion: The abstract of the economic element as set
forth in volume I of the Woodburn Comprehensive Plan is found to apply to
the land use decision and reads as follows:
The overall approach of the City to its economic problems
is to work to remove barriers to the free and effective
operation of market forces. The City prefers to allow the
private sectors to determine the rate of economic growth,
the nature and type of growth, and others economic develop-
ment parameters. Public policy will be to remove constraints
on the free market by making sure that properly zoned land,
water, sewer services, police and fire protection and other
services are made available. The City will attempt to create
conditions conducive to growth and development, but the
initiative for economic development will come from the
private sector.
8B. Finding: The Woodburn Comprehensive Plan has been developed to
insure that an adequate amount of land is available for development. The
subject property is designated as commercial on the plan and is part of the
inventory of developable commercial lands.
8C. Conclusion: The Council concludes that the proposed development
has no conflict with the abstract of the economic contained within the
Woodburn Comprehensive Plan.
PAGE 9 - FINDItdGS OF APPROVAL
Iy. CONDITION
The Council finds that the following condition is reasonable for the
purpose 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 applicant must provide the City Council with a traffic
impact study prior to any approval of a proposed design
review plan.
PAGE 10 -FINDINGS OF APPROVAL