Ord 2539 - Annexing 1385 Cooley Road ANX 2016-02COUNCIL BILL NO. 3017
ORDINANCE NO. 2539
AN ORDINANCE ANNEXING 2.17 ACRES OF PROPERTY LOCATED AT 1385 COOLEY
ROAD AND THE ADJACENT COOLEY ROAD RIGHT-OF-WAY INTO THE CITY OF
WOODBURN AND DESIGNATING THE PROPERTY AS CITY OF WOODBURN
RESIDENTIAL SINGLE-FAMILY (RS)
WHEREAS, the City considered application ANX 2016-02 requesting
annexation of the real property described below info the City of Woodburn, and
WHEREAS, the Woodburn Comprehensive Plan and Zoning Map have
established certain land uses within the City of Woodburn's Urban Growth
Boundary; and
WHEREAS, pursuant to ORS 222.120 and Resolution 2083 the Woodburn City
Council noticed and conducted a public hearing on ANX 2016-02 on September
12, 2016; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. That the subject real property owned by Alexsey and Juliana
Bodunov and the adjacent Cooley Road right-of-way are depicted on the Exhibit
Map for Annexation, which is attached as Exhibit "A."
Section 2. In reviewing ANX 2016-02, the City Council finds that no election
is required because the legal requirements of ORS 222.125 (i.e., consent from all
property owners and a majority of electors in the affected territory)have been
met.
Section 3. Application ANX 2016-02 is granted and the subject real property
and adjacent Cooley Road right-of-way depicted on the Exhibit Map for
Annexation, attached as Exhibit "A," are annexed to the City of Woodburn.
Section 4. That the zoning designation of the subject real property is
changed from Marion County Urban Transition 20 to City of Woodburn Residential
Single -Family (RS) and the Woodburn Zoning Map is amended to reflect this
change.
Page 1 - COUNCIL BILL NO. 3017
ORDINANCE NO. 2539
Section 5. That these land use actions are justified and explained by the
Findings and Conclusions attached as Exhibit "B," which the City Council finds to
be reasonable. I
Approved as to form:
City Attorney
Passed by the Council
Submitted to the Mayor
Filed in the Office of the Recorder
Attest:
Heather Pierson, City Recorder
City of Woodburn, Oregon
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EXHIBIT B
Page I of 5
Community Development
Planning Division
W. 270 Montgomery Street, Woodburn, Oregon 97071 • (503) 982-5246
.QODBURN
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FINDINGS AND CONCLUSIONS
ANX 2016-02
BACKGROUND AND PROPOSAL
The applicant requests annexation of a 2.7 acre parcel fronting Cooley Road,
approximately 1,200 feet south of Highway 211 and 225 feet north of Audrey Way. The
property is designated Low Density Residential on the Comprehensive Plan Map. The
subject property is zoned Urban Transition 20 by Marion County. The site includes a
single family dwelling and a manufactured dwelling used for medical hardship by a
relative. Abutting properties within the City are zoned Residential Single-Famiiy (RS) and
are designated Low Density Residential on the Comprehensive Plan Map. There are
several significant trees on the site. No wetlands or floodplains exist on this site.
The applicant and his family live on the property. Marion County approved a Conditional
Use Permit (CUP) for a Medical Hardship in 2014. Under County provisions, the CUP is
annually renewed upon medical verification (a physician's certificate) that the hardship
remains. Similar verification would continue, should the property be annexed.
Prior to the Planning Commission's public hearing, notices were mailed to Marion County,
the Woodburn Fire District, the Woodburn School District, and surrounding property
owners. A public hearing notice was posted on the property and published in the
Woodburn Independent. The Department of Revenue gave preliminary approval for the
map and legal description on July 7, 2016.
The Planning Commission conducted a public hearing on Annexation ANX 2016-02 on
August 25, 2016 and recommends that the City Council approve the annexation.
APPROVAL CRITERIA
Applicable criteria from the Woodburn Development Ordinance (WDO) are Sections:
1.01, 1.02, 1,103, 2.01, 4.01, 4.02, and 5.04. Additional relevant criteria are the goals
and policies of the Woodburn Comprehensive Pian, and the standards of the
Transportation System Plan (TSP).
ANALYSIS AND FINDINGS OF FACT
City Council Final Order ANX 2016-02
EXHIBIT B
Page 2 of 5
General Provisions
Findings: Per Section 5.04, annexations are Type IV decisions. Per Section WDO
4.01.02.D, the City Council is the decision -maker for Type IV decisions, after receiving a
recommendation from the Planning Commission.
Conclusion: The application is correctly filed as a Type IV decision.
WDO 5.104.01 Annexation
Findings: Section 5.04.01.6 requires a pre -application conference with the applicant. The
pre -application conference was conducted on February 3, 2016.
Conclusion: The application complies with Section 5.04.01.B.
Findings: Section 5.04.01.C.1 requires compliance with applicable Woodburn
Comprehensive Plan goals and policies regarding annexation. The goals and policies of
the Comprehensive Plan are discussed later in this report.
Findings: Section 5.04.01.C.2 requires that the territory to be annexed be contiguous to
the City and either link to planned public facilities with adequate capacity to serve the
existing and future development of the property, or guarantee that the present public
facilities have adequate capacity to serve the existing and future development of the
property. The property immediately borders the City limits, which are to the west. Water
and sanitary sewer facilities extend to the property from the west (Barn Street). Storm
and sewer facilities are located south at the Audrey/Cooley intersection. The Public
Works Department notes that the existing public facilities have adequate capacity to the
property as it presently exists. Ultimate development of the property will link to public
facilities with capacity to serve the property's future needs.
Conclusion: The application complies with Section 5.04.01.C.2.
Findings: Section 5.04.01.C.3.a.1 provides that the territory to be annexed should be
contiguous to the City on two or more sides. The term "should" is a discretionary term
and subject to Council's review. The property is contiguous to the City on the west side,
while compliance to the standard of "contiguous on two or more sides" would require
neighboring properties to annex. The applicant contacted adjacent properties to
determine interest in annexing. Adjacent property owners were not interested in annexing
at this time.
Conclusion: The application complies with Section 5.04.01.C.3.a.1.
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City Council Final Order ANX 2016-02
EXHIBIT B
Page 3 of 5
Findings: Section 5.04.01.C.3.a.2 provides that the annexation should not increase the
inventory of buildable land designated on the Comprehensive Plan as Low or Medium
Density Residential within the City to more than a five-year supply. The City annexed
approximately 1 acre of residentially designated land in 2014. Few vacant developed lots
exist in the City and the supply of vacant land available for development is limited. The
subject property is adjacent to public utilities and is serviceable for development.
Conclusions: The proposed annexation represents less than a one month supply of
residential land at the rate of building that has occurred in Woodburn in the past five years.
The application complies with Section 5.04.01.C.3.a.2.
Findings; Section 5.04.01.C.3.a.3 provides that the annexation should reflect the City's
goals for directing growth by using public facility capacity that has been funded by the
City's Capital Improvement Program. The property abuts the City limits and utilities are
available, or can be made available, to serve the property.
Conclusion: The application complies with Section 5.04.01.C.3.a.3.
Findings: Section 5.104.01.C.3.a.4 provides that the site should be feasible for
development and extend the arterial/collector street pattern. The property is adjacent to
existing residential development, is essentially flat, and is serviceable by public utilities.
Cooley Road is designated as a Service Collector while Barn is a local street. Additional
right-of-way and improvements would be provided upon development of the property.
Conclusion: The application complies with Section 5.04.01.C.3.a.4.
Findings: Section 5.04.01.C.3.a.5 provides that the annexation should fulfill a substantial
unmet community need that has been identified by the City Council after a public hearing
— such as park space and conservation of significant natural or historic resources. The
annexation would address the need for additional residential land within the City. The
fast annexation of residential land occurred in 2014 and the City has few residential lots
available for development.
Conclusion: The application complies with Section 5.04.01.C.3.a.5.
Findings: Section 5.04.01.D.1 provides that an annexation may be initiated by petition
based on the written consent of one hundred percent of the owners and fifty percent of
the electors within the territory proposed to be annexed. The annexation petition has
been certified to be signed by one hundred percent of the owners. The applicant lives on
the property with his family. Marion County permitted a temporary dwelling unit on the
property under their medical hardship provisions. There are no resident electors.
Conclusion: The application complies with Section 5.04.01.D.1.
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City Council Final Order ANX 2016-02
EXHIBIT B
Page 4 of 5
Findings: Section 5.14.01.E provides that an annexation shall be designated consistent
with the Woodburn Comprehensive Plan, unless an application to re -designate the
property is approved as part of the annexation process. The property is designated Low
Density Residential on the Comprehensive Plan Map, The petitioner has not requested
that either the Comprehensive Plan Map or the Zoning Map be amended.
Conclusion: The property would be zoned Residential Single -Family (RS) upon
annexation, in accordance with Section 5.04.01.E.
Note: Compliance with Sections 2.02 (Single -Family Residential Zone), 3.01 (Street
Standards), 3,02 (Utilities and Easements), 3.03 (Setback, Open Space and Lot
Standards), 3.04 (Access), 3.05 (Off -Street Parking and Loading), 3.06 (Landscaping),
3.07 (Architectural Design), and 3.08 (Partition and Subdivision Standards) is not
applicable to the annexation, and will be required when the property is developed.
Woodburn Comprehensive Plan
The annexation goals and policies of the Comprehensive Plan guide the shape and
geographic area of the City within the Urban Growth Boundary, so that the City limits
define a compact service area for the City, reflect a cohesive land area that is entirely
contained within the City, and provide the opportunity for growth in keeping with the City's
goals and capacity to serve urban development.
Findings: OAR 660-014-0070 requires that the annexation comply with all appropriate
statewide planning goals, unless the acknowledged comprehensive plan controls the
annexation. The property is within Woodburn's Urban Growth Boundary and upon
annexation would be subject to Woodburn's Comprehensive Plan and Development
Ordinance.
Conclusion: The proposed annexation complies with OAR 660-014-0070.
Findings: Policy G-2.1 requires an assessment of the proposed annexation's
conformance with the City's plans, facility capacity, and impact on the community. The
property is immediately adjacent to City limits and public infrastructure is available to
serve the property. This report and the agency comments provide the required
assessment.
Conclusion: The proposed annexation complies with Comprehensive Plan policy G-2.1.
Findings: Policy G-2.2 states that Woodburn will achieve more efficient utilization of land
by incorporating all of the territory within the City limits that will be of benefit to the City,
providing for the urban infill of vacant and underutilized property, fostering an efficient
pattern of urban development in the City, maximizing the use of existing City facilities and
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City Council Final Order ANX 2016-02
EXHIBIT B
Page 5 of 5
services, and balancing the costs of City services among all benefited residents and
development. The property abuts the City limits and would utilize existing streets and
utilities.
Conclusions: The proposed annexation maximizes the efficient use of existing City
facilities and services, and is similar to infill development of vacant land. The proposed
annexation complies with Comprehensive Plan policy G-2.2.
Findings: Policy G-2.3 states that Woodburn will use annexation as a tool to guide the
direction, shape and pattern of urban development, smooth transitions in the physical
identity and the development pattern of the community, and promote the efficient use and
extension of City facilities and services. The proposed annexation would utilize existing
streets and utilities and would not require the extension of City facilities and services.
Conclusion: The proposed annexation complies with Comprehensive Plan policy G-2.3.
OVERALL CONCLUSION
The proposed annexation meets the requirements of the Woodburn Comprehensive Plan
and Development Ordinance.
At the time of this annexation, Marion County had issued a Conditional Use Permit based
upon a medical hardship for the existence of a residence on the property for a person
with an infirmity. With annexation, the health hardship will be treated as a non -conforming
use subject to the following:
1. Annually, a doctor of medicine or licensed psychologist shall sign a statement
indicating the physical or mental condition that prevents the person(s) with the infirmity
from providing the basic self-care needed to live on a separate lot. The statement shall
also attest that the physician or licensed psychologist is convinced the person(s) with the
infirmity must be provided the care so frequently or in such a manner that the caretaker
must reside on the same premises.
2. The residence occupied by the person(s) with the infirmity shall be removed at such
time as the person(s) with the infirmity no longer reside(s) on the lot.
An agreement to remove one of the residences within 60 days of the date the person(s)
with the infirmity no longer reside(s) on the lot shall be signed by the property owner and
those providing the care.
3. The use shall be subject to review every year and shall meet the above criteria in order
to qualify for renewal.
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City Council Final Order ANX 2015-02