Ord 2499 - Zone Change to 3001 Newberg Hwy.COUNCIL BILL NO. 2917
ORDINANCE NO. 2499
AN ORDINANCE GRANTING A ZONE CHANGE ON THE PROPERTY LOCATED AT
3001 NEWBERG HIGHWAY IN ORDER TO REMOVE A SPECIAL OPERATING
CONDITION AND TO ALLOW ANY USE THAT IS PERMITTED IN THE COMMERCIAL
GENERAL (CG) ZONE
WHEREAS, in 1995 the City Council adopted Ordinance 2141, which
rezoned the below described Subject Property from Commercial Office (CO) to
Commercial Retail (CR) and further restricted the use of the Subject Property by
the imposition of Special Operating Condition H 1 as follows:
"The zone change approved herein shall allow only vehicle and
vehicular related type sales and service. No other retail type uses
shall be allowed without first obtaining approval thereof through the
zone change process."
and;
WHEREAS, when the Woodburn Development Ordinance was adopted in
2002 it changed the Commercial Retail (CR) zone designation to Commercial
General (CG); and
WHEREAS, the applicant has requested that the below described Subject
Property be rezoned to remove Special Operating Conditions H 1 and allow any
use listed in the CG zone; and
WHEREAS, the Woodburn Planning Commission conducted a public
hearing on the application on November 29, 2012 and forwarded to the City
Council a recommendation of approval; and
WHEREAS, the City Council conducted a public hearing on the
application on January 14, 2013 and tentatively approved it, NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. That the Subject Property is located at 3001 Newberg Highway,
Tax Lot 052W I2BC06600 and is shown in Exhibit A attached hereto.
Section 2. That Special Operating Condition H1 is removed as a restriction
on the use of the Subject Property and the zone designation of the Subject
Property shall be Commercial General (CG) with all uses allowed which are
currently permitted in the Commercial General (CG) zone.
Page 1 — COUNCIL BILL NO. 2917
ORDINANCE NO. 2499
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Section 3. That this zone change is approved based upon the
Findings and Conclusions con�taine in Exhibit B attached hereto.
Approved as to form: / P I /J
City Attorney e f Dat
Approved:
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
Attest ) f
Hea her Pierson, City Recorder
City of Woodburn, Oregon
Page 2 — COUNCIL BILL NO. 2917
ORDINANCE NO. 2499
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Exhibit " A "
l
Subject property
Zoning map with the subject property outlined
Exhibit `B"
W00 ®N
I n t e r p u r rad 1889
Department of Economic and
Development Services
Plannine Division
CITY COUNCIL STAFF REPORT
PUBLIC HEARING
Application Types
Type IV Modification of Conditions / Zone Change
Application Numbers
ZC 2012 -02
Project Description
The applicant requests modification of a Condition of Approval for
Zone Change 1994 -02 to allow any use listed in the CG zone.
Project Location
3001 Newberg Highway, tax lot 052W12BC06600
Zoning
Commercial General (CG), restricted to vehicle and vehicular
related sales and service by Ordinance 2141
Applicant/Representative
Ensign 1993 Trust / Angelo Planning Group
Property Owner
Ensign 1993 Trust
Planner Assigned
Don Dolenc, Associate Planner
Application Received
October 18, 2012
Application Complete
November 5, 2012
120 -Day Deadline
March 5, 2013
Date of Staff Report
January 7, 2013
Date of Public Hearing
January 14, 2013
BACKGROUND & PROPOSAL
The most recent zoning action occurred in 1995, when the property was rezoned from Commercial
Office (CO) to Commercial Retail (CR). The Commercial Retail zone was later renamed
Commercial General (CG). Ordinance 2141, which accomplished the rezone, was subject to several
conditions. Condition of Approval H.1 provided that "The zone change approved herein shall allow
only vehicle and vehicular related type sales and service. No other retail type uses shall be allowed
without first obtaining approval thereof through the zone change process." The applicant now seeks
to remove Condition of Approval H.1. The proposed change would allow any use listed in the CG
zone. The Planning Commission conducted a public hearing on November 29, 2012, and voted
unanimously to forward the case to the Council with a recommendation of approval.
RECOMMENDATION — Direct Staff to prepare an Ordinance effecting the zone change.
Planning\2012\Zone Change\3001 Newberg Hwy (ZC 2012 -02) \Staff report Council.doex Page 1 of 5
Exhibit `B"
APPROVAL CRITERIA
Applicable criteria from the Woodburn Development Ordinance (WDO) are Sections: 1.101, 1.102,
1.103, 2.101, 2.106, 2.116, 4.102, and 5.104. Additional relevant criteria are the provisions of
Ordinance 2141.
ANALYSIS AND FINDINGS OF FACT
WDO 2.106 Commercial General (CG) District Standards
Findings Sections 2.106.01 -04 list the uses allowed in the CG zone. Under the conditional zoning
of Ordinance 2141, the allowed uses are restricted to vehicle and vehicle- related sales and service.
The proposed modification would remove this restriction and allow the property to be used for any
of the uses listed in Sections 2.106.01 -04 (see Exhibit E for the currently listed uses).
Measure 56 notice
Findings Ballot Measure 56 (codified as ORS 227.186) requires the property owner to be notified
of rezoning that restricts the allowed uses of the property. In this case, the property owner initiated
the application. The request is to expand, not restrict, the uses allowed on the property.
Conclusion Measure 56 notice is not required for this application.
Planning\2012\Zone Change\3001 Newberg Hwy (ZC 2012 -02) \Staff report Council.docx Page 2 of 5
Exhibit `B"
WDO 2.116 Interchange Management Area (IAL4) Overlay District
Findings Section 2.116.03 states that the provisions of Section 2.116 apply to all Type II — V land
use applications that propose to allow development that will generate more than 20 peak hour
vehicle trips on parcels identified in Table 2.116.1. The provisions of Section 2.116.07 apply to all
properties within the boundary of the IMA.
The property was developed at the time the IMA was adopted, so the subject property (tax lot
052 W 12BC06600) is not identified in Table 2.116.1 and is not included in the maximum peak hour
vehicle trip limitation.
Table 2.116.1 Vehicle Trip Budget by Parcel (Parcel Budget)
Assessor Map and
Applicable Comprehensive
Vacant
Maximum Peak
Tax Lot Number
Plan Designation
Buildable Acres
Hour Vehicle Trips
052WI100300
SWIR
88
968
052W13 01100
052W14 01500
SWIR
96
1056
052W14 01600
052W14 00200
SWIR
22
242
052W14 00600
052W14 00800
052W14 00900
SWIR
109
1199
052W14 01000
052W 14 01100
052W1401200
SWIR
4
44
052W23 00100
SWIR
46
506
052W12AC 04301
Commercial
2
66
052W12C 00604
Commercial
1
33
052W12C 00605
Commercial
3
99
052W12C 02100
Commercial
7
231
052W12C 02200
Commercial
6
198
052W12C 02300
Commercial
7
231
052W12C 02400
Commercial
2
66
052W13 01600
Commercial
5
165
052W14 02000
Commercial
8
264
052W14 02100
Commercial
5
165
052W1402300
Commercial
6
198
052W13BD 00900
(westerly portion)
052W13BD 01500
Nodal Commercial
9
297
052W13BD 01600
052W1313D 01700
052W1313D 01800
Conclusion Section 2.116.03 does not apply the provisions of Section 2.116 to this application.
Findings Section 2.116.03 states that the provisions of Section 2.116.07 apply to all properties
within the boundary of the IMA. Section 2.116.07 states that the provisions of Section 2.116.07
Planning\2012\Zone Change \3001 Newberg Hwy (ZC 2012 -02) \Staff report Council.docx Page 3 of 5
Exhibit `B"
apply to all Comprehensive Plan Map amendments within the IMA Overlay District, except Zoning
Map amendments that result in conformance with the applicable Comprehensive Plan Map
designation. The property is designated Commercial on the Comprehensive Plan Map.
Conclusions The requested amendment results in conformance with the applicable Comprehensive
Plan Map designation. Section 2.116.07 does not apply to this application.
Note Section 2.116.05.13 requires notification of land use decisions be sent to the Oregon
Department of Transportation in certain instances. Although the provisions of Section 2.116.05 do
not apply to this application (see the conclusions for Section 2.116.03), notice of this application
was sent to the Senior Transportation Planner of Oregon Department of Transportation Region 2.
ODOT responded "We have reviewed the application package and concur with the analysis on page
2 that concludes that the interchange overlay zone does not apply to this property. As a land use
matter, therefore, ODOT has no objection to this proposed zone change. As future development is
considered on the property, be aware that the property currently does not have direct access to OR
214 and no access will be permitted in the future given the proximity to the interchange
improvements."
WDO 4.102.07 Modification of Conditions
Findings Section 4.102.07 provides that a request to modify a condition of approval is to be
considered pursuant to the procedure and the standards and criteria applicable to a new application
of the type of permit or zone change that is proposed to be amended, except that the modification of
a condition limiting the use of property may only be considered as a Type IV Zoning Map Change
application. The applicant seeks to modify Condition of Approval H.1 of Ordinance 2141.
Conclusion The requested Modification of Conditions is correctly processed as a Type IV Zone
Change decision.
WDO 5.104.04 Zoning Map Change, Owner Initiated
Findings Section 5.104.04.13.1 requires demonstrated need for the proposed use and the other
permitted uses within the proposed zoning designation. The requested change will allow the parcel
to more efficiently and effectively redevelop in response to existing market conditions. The
applicant's analysis of Section 5.104.04.13.1 is on pages 2 -4 of Exhibit A.
Conclusion The application complies with the requirements of Section 5.104.04.B.1.
Findings Section 5.104.04.13.2 requires demonstrated need that the subject property best meets the
need relative to other properties in the existing developable land inventory already designated with
the same zone, considering size, location, configuration, visibility and other significant attributes of
the subject property. The requested Modification of Conditions would not alter the inventory of
developable land in the Commercial General (CG) zone. The applicant's analysis of Section
5.104.04.13.2 is on page 4 of Exhibit A.
Conclusion The application complies with the requirements of Section 5.104.04.13.2.
Planning\2012\Zone Change \3001 Newberg Hwy (ZC 2012 -02) \Staff report Council.docx Page 4 of 5
Exhibit `B"
Findings Section 5.104.04.13.3 requires demonstration that amendments which significantly affect
transportation facilities ensure that allowed land uses are consistent with the function, capacity, and
level of service of the facility identified in the Transportation System Plan. This shall be
accomplished by one of the following:
a. Limiting allowed land uses to be consistent with the planned function of the transportation
facility; or
b. Amending the Transportation System Plan to ensure that existing, improved, or new
transportation facilities are adequate to support the proposed land uses consistent with the
requirement of the Transportation Planning Rule; or,
c. Altering land use designations, densities, or design requirements to reduce demand for
automobile travel and meet travel needs through other modes of transportation.
The applicant's analysis of Section 5.104.04.B.3 is on pages 4 -8 of Exhibit A. The applicant also
submitted a traffic study (Exhibit B) which concludes that the impacts of the proposed zone change
are not anticipated to affect the transportation system such that it would not meet the performance
standards identified in the Transportation System Plan.
Conclusion The application complies with the requirements of Section 5.104.04.B.3
STAFF RECOMMENDATION
The Planning Division recommends that the Council direct Staff to prepare an Ordinance effecting
the zone change.
Planning\2012\Zone Chan.-e\3001 Newberg Hwy (ZC 2012 -02) \Staff report Council.docx Page 5 of 5