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Ord 2550 - Annexing 39 Acres of Property at 9065 Arney Lane NE 2385 Arney Rd. COUNCIL BILL NO. 3053 ORDINANCE NO. 2550 AN ORDINANCE ANNEXING APPROXIMATELY 39 ACRES OF PROPERTY INTO THE CITY OF WOODBURN, LOCATED AT 9065 ARNEY LANE NE, 2385 ARNEY ROAD, MARION COUNTY, OREGON WHEREAS, the subject property is owned by Steven Stampley, Leslie Stampley, Shawn Stampley, Drew Stampley as well as Bennie and Margaret Sprague, and is legally described in Exhibit "A", which is affixed hereto and by this reference incorporated herein. WHEREAS, consistent with ORS 222.111 (2) a proposal for annexation was initiated by petition of the owner of real property in the territory to be annexed, a copy of the petition is on file with the City Recorder; and WHEREAS, written consent has been obtained from the owners of the territory and the applicant, MW 1 , LLC, has requested annexation of the subject property, and WHEREAS, the property to be annexed is within the City's Urban Growth Boundary; and WHEREAS, the property to be annexed is contiguous to the City and can be served by City services; and . WHEREAS, on July 27, 2017 and August 10, 2017, the Woodburn Planning Commission considered the annexation application and, after duly advertised public hearings, recommended approval of the annexation conditioned upon an alternate access to the subject property, which was not proposed by the applicant nor recommended by staff; and WHEREAS, on October 9, November 13, and December 11 , 2017, the Woodburn City Council held public hearings, reviewed the record and heard all public testimony presented on said application, and, upon deliberation, concluded that the proposed annexation meets the applicable approval criteria under the City of Woodburn Development Ordinance; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section L That the subject property, legally described in Exhibit "A", is annexed to the City of Woodburn. Page I-COUNCIL SILL NO, 3053 ORDINANCE NO.2550 Section 2. That the City Councii adopts the Analysis and Findings, affixed hereto as Exhibit "B" and by this reference incorporated herein. Approved as to farm: w City Attorney 7Date4 e Approve Zatyn Higt)oay�j Passed by the Council .Submitted to the Mayor Approved by the Mayor " ' . Filedin the Office of the Recorder ,attest: � Heather Pierian, City Recorder City of Woodburn, Oregon Page 2-COUNCIL BILL NO, 3053 ORDINANCE NO. 2550 EXHUT A Page I of 2 Nunhwest, REGISTERED PROFESSIONAL LAND SURVEYOR HS i N W 160 MaCe, SUiZC 21090 Beaverion,OR 97006 4421 Teiephone: 503-848-2127 W L 0RE 0 JAN 1'3�m Annexation Area Description CLINTON 5 H. STUBBS7/JR. J 5469LS A 3%pril 2017 NWS Project NUMber 1500 RENEWAL DATE: 06/30/18 A tract of land located in the north,� CSt 011C-qUartcr of Section 12, Fownship 5 South. Range 2 1 West, W i I lain ette Meridian. Marion CountN. Oregon. and being more particularly described as follows. Beelinning,at the northwest corner of Parcel 3 of Partition Plat No. 90-14. 'Marion COUntv Plat Records, said point being the southwest comer of that propeM,,conveyed to Berinie and Margaret Sprague can,lune 28. 1961 by a deed recorded as 'Volume 546. Page 264, Marion County Deed Records. Thence alone, the west boundary of said Sprague property.North 02040*07East 1276.91 feet to the northwest comer thereof. said point also being the niost westerly southwest corner of that property=conveyed to Steven D. Starnpley, I-eslie R. Stampley, Shawn 1'. Starripley and Drew W. Stampley on N/lay 1 3). 2011 by a deed recorded as Reel 32841. Pae,e 475, Marion County Deed Records: -f-hence alone-,the west boundar ,,of said Stampley propett-y.North 02'40"07"East 277.53 feet to the northwest corner thereof-, Thence along the north boundary of said Stampley property, South 87'00'02- East 13 54,16 feet to the northeast corner thereof said point also being at the northwest terminus point for the riht-of-way of AE:rney 1-ane NThence along the easterly 9 1 boundary ofsaid Stani pleyr propem, South 16051"l1 "" West-397.54 teel to an angle point thereon; Thence continuing along the easterly boundary of said Stampley property. South 42"'59'54- West 1 17 308.15 feet to an angle point thereon-, Thence continuing,talon gg the easterly boundary:of said Stampley property. South 32'24'11" West 392.06 feet to the most southerly southeast corner of said Startipley property; Thence along the most southerly boundary ofsaid Starripley property. North 88'38'35- West 122-00 1'ect to a poinL oil the Casterh, bouncfary of'said sprag" -LIC property-, Thence along the casterIv boundary of said Sprague property, South 01`06*08- West 400.62 feet to an angle point thereon: Thence continuing along the easterly boundary of said Sprague propem, South 02',140'5,9" West 20.00 feet to the southeast comer of said SpraguetheC roperty, also being p northeast comer of Parcel 3 of Pw-tition Plat No. 90-1 4-. Thence along thesOUtherly boundary of said Sprague property and the northerly boundaryof said Parcel 3. South 80'27'56" A,'est 769.21 feet to the Point of Beoinning, The bearings in this description are based oil the Oregon State Plane coordinate system, North Zone, NAD 83(2011). EXH01T A EXHIBIT MAP - ANNEXATION LREALOCATED IN THE NORTHWEST 1/4 OF SECTION lZ TOWNSHIP 5 SOUTH, RANGE 2 MST, W.M., ----------- MARION COUNT`� ORECa S87100'02"E 135416' ARNEY LANE NE --7* REEL 3284, PAGE 475 V) C�4 0 RECORDED: MAY 13, 2011 STEVEN 0. STAMPLEY, LE UE E. STAMPLE�Y, SHAWN T. STAMPLEY AND DREW' W. STAMPLfY 8 a . CD sp t� uj 9� VOL. 546 PAGE 264 RECORDED: JUNE 28, 1961 BENNE SPRAGUE AND MARGARET SPRAGUE '4' N8838'35"W 122.00" LLJ arc 9; CS4 SCALE 1"' 200 FEET -c-4 .................. C cQ w CD co ld REQS EKED SPRAGUE LANE PROFESSIONAL LAND SURVEYOR 502*40'59"W 20,,00' ,SBU27 560* Pg G 14 JANUARY 154 2 CLINTON H. STUBBS JR. POINT OF BEGINNN 55469LS RENEWAL DATE: 06/30/18 PREPARED FOR. JOB NAME: W0008URN CROSSING MASTER CAPITAL MANAGEMENT JOB NUMBER: 1500 NORTHWEST 1815 NW 169th PLACE, SUITE 2090 120 W, BROADWAY DRAWNG NUMBER� 1500 ANNEX eEAVERTON, OR 97006 EUGENE, OR 97401 PHONE:503-848-2127 CFAX:503-848 217'9 WN DRABY: CHS SURVEYING, .in riwsurveyinganwsrvycom I CHECKED BY. SFF EXHIBIT B Page 1 Of 6 Annexation ANX 2017-03 ANALYSIS AND FINDINGS BACKGROUND AND PROPOSAL This application specifically requests: ■ Annexation to bring the site into city limits; ■ Property Line Adjustments to transfer a 100-foot strip of land to the site to allow the eastward extension of Steven Street and to separate the multi-family residential development site from the RV storage site; ■ Design Review for the multi-family dwellings and RV storage; ■ Riparian Corridor and Wetlands Overlay District permit for site alterations in the overlay zone; ■ Variances related to (1)screening between uses;(2) landscape buffer requirements;and (3)the location of parking;and, ■ Conditional Use approval to allow the proposed RV storage area to be open to the public. The proposed 300 unit multi-family residential development(Woodland Crossing)with a recreational vehicle(RV)storage area is located on a site west of the Woodburn Premium Outlets and east of the Woodburn West Mobile Estates. Staff is consolidating the applications as is required under the WDO for an annexation that includes a specific development approval. The Planning Commission conducted public hearings on July 27 and August 10,2017. The City Council held public hearings on October 9, November 13, and December 11,2017 after which the Council voted to approve all of the requested associated with this application, including the annexation. APPROVAL CRITERIA Sections 4.01 and 5.04 of the WOODBURN DEVELOPMENT ORDINANCE,as well as any applicable elements of the WOODBURN COMPREHENSIVE PLAN,as they relate to requests for annexation. THE RECORD The record for ANX 2017-03 (consolidated): CU 2017-02/DR 2017-031VAR 2017-03IRCWOD 2017- 03/PLA 2017-04,consists of all of the evidence placed before the Planning Commission and City Council, including all testimony received during the public hearings. FINDINGS AND ANALYSIS 4.01.07 Consolidated Applications Woodburn Crossing:Analysis and Findings ANX 201' -03 EXHIBIT B Page 2 of 6 An applicant may request, in writing, to consolidate applications needed for a single development project. Under a consolidated review, all applications shall be processed following the procedures applicable for the highest type decision requested. It is the express policy of the City that development review not be segmented into discrete parts in a manner that precludes a comprehensive review of the entire development and its cumulative impacts. A consolidated review was completed forthis application. This application includes multiple requests that will allow for the development of a multi-family residential development and a recreational vehicle (RV) storage area, on a site that is currently located outside of city boundaries. This application requests: annexation to bring the site into city limits;two Property Line Adjustment to accommodate the extension of Steven Street and create separate lots for the RV storage site and the residential development; Design Review for the multi-family dwellings and RV storage; a Riparian Corridor and Wetlands Overlay District (RCWOD) Permit for site alterations in the overlay; a Variance for the screening requirement of Section 3.06.05; and Conditional Use approval to allow public use of the proposed recreational vehicle storage area. The highest level of review for the proposals is the Annexation, which is processed as a Type IV review.This application requests Type IV approval for the proposed development.This standard is met. The requirement is met. 5.04.01 Annexation B.Mandatory Pre-Application Conference:Prior to requesting annexation to the City,a Pre-Application Conference (Section 4.01.04) is required. This provides the city an opportunity to understand the proposed annexation and an opportunity to provide information on the likely impacts, limitations, requirements,approval standards,and other information that may affect the proposal. A pre-application conference was held on January 19, 2017. The requirement is met. C.Criteria: 1.Compliance with applicable Woodburn Comprehensive Plan goals and policies regarding annexation. The requested annexation complies with numerous provisions of the Comprehensive Plan, including Applicable Comprehensive Plan goals and policies are outlined in this section below. G-2.1 For each proposed expansion of the City, Woodbum shall assess the proposal's conformance with the City's plans,and facility capacity and assess its impact on the community. The Comprehensive Plan designation for the site is Medium Density Residential, which allows for multi- family residences at up to 16 units per acre.The proposed development at this site includes multi-family housing plus RV storage.The proposed residential development consists of 300 apartments.The proposed RV storage area is a special permitted use in Medium Density Residential areas. Utilities and roadways are available in close proximity to serve the site and no capacity constraints have been identified in the correspondence from Public Works staff,the Fire Marshal,or the School Superintendent.This goal is met. G-2.2 Woodburn will achieve more efficient utilization of land within the City by: Woodburn Crossing:Analysis and Findings ANX 2017-03 EXHIBIT B Page 3 of 6 (a) Incorporating all of the territory within the City limits that will be of benefit to the City. The proposed annexation will allow development of multi-family housing and an RV storage area. This project will help meet the City of Woodburn's housing demands,and add to the variety of housing options as mandated by Statewide Planning Goal 10. Inclusion of the RV storage facility assists the project economics and makes the overall property a viable site for 300 multi-family units. The provision of land for these purposes serves as a benefit to the City.This goal is met. (b) Providing an opportunity for the urban in fill of vacant and under-utilized property. The proposed annexation site is partially developed but primarily vacant property, bordered on three sides by City of Woodburn parcels. Annexation of this site will allow for the development of housing on under-utilized parcels of land.This goal is met. (c) Fostering an efficient pattern of urban development in the City,maximizing the use of existing City facilities and services, and balancing the costs of City services among all benefited residents and development. The site is bordered on three sides by the City parcels which are served by existing facilities and services. The location of this annexation area and development will help meet the City's housing demand while minimizing the cost of extending facilities and services. The utility extensions required to serve the site are relatively limited,allowing for efficient development.This goal is met. (d) Requiring master development plans for land within Nodal Development Overlay or Southwest Industrial Reserve overlay designations prior to annexation. Master plans shall address street connectivity and access, efficient provision of public facilities, and retention of large parcels for their intended purpose(s). The proposed annexation site is not located within the Nodal Development Overlay or the Southwest Industrial Reserve.This goal does not apply. G-2.3 Woodburn will use annexation as a tool to guide: (a) The direction,shape and pattern of urban development; (b) Smooth transitions in the physical identity and the development pattern of the community;and (c) The efficient use and extension of City facilities and services. The proposed annexation site is bordered on three sides by developed area within City Limits. Allowing infill would create a continuous urban area and a smooth transition between the developed urban areas to the east and west.Additionally,development in this area would bean efficient use of City facilities and services,as the development will connect to adjacent existing services.As there are existing sanitary and water mainlines adjacent to the site and all proposed entryways will connect to existing streets,the cost to extend these facilities would be minimal compared to potential annexation territories not bordered by the City on three sides.The annexation and development in this area allows for the City to meet housing demands with the most efficient use of resources. Additionally, the proposed RV storage will satisfy a community need for high-quality secure storage facilities.This goal is met. 2. Territory to be annexed shall be contiguous to the City and shall either: Woodburn Crossing:Analysis and Findings ANX 2017-03 EXHIBIT B Page 4of6 a. Link to planned public facilities with adequate capacity to serve existing and future development of the property as indicated by the Woodburn Comprehensive Pian,or b. Guarantee that public facilities have adequate capacity to serve existing and future development of the property. The proposed annexation area is contiguous to the City on three sides. Correspondence from the City Engineer, Fire Marshal, and School Superintendent (Exhibit E) indicates that the agencies have sufficient capacity to serve the site upon development (provided that the developer analyzes utilities and installs necessary infrastructure). Public water is available near the site in Woodland Avenue, Arney Lane, and Sprague Lane; public sanitary sewer is available along the site's western boundary, in Woodland Avenue, and in Sprague Lane; and storm drainage can be managed on site and released to the Senecal Creek East Tributary.This standard is met. 3. Annexations shall show a demonstrated community need for additional territory and development based on the following considerations: a. Lands designated for residential and community uses should demonstrate substantial conformance to the following: 1) The territory to be annexed should be contiguous to the City on two or more sides; The proposed annexation area abuts the City of Woodburn along its east, south, and west boundaries. This standard is met. 2) The territory to be annexed should not increase the inventory of buildable land designated on the Comprehensive Plan as Low or Medium tensity Residential within the City to more than a 5-year supply; This proposal is consistent with the City of Woodburn's Comprehensive plan,which designates the site as Medium Density Residential. The proposed development would add 34 acres of Medium Density Residential land to City Limits. This area was classified in the Buildable Lands Inventory as Residential- Vacant and Residential-Martially Vacant land.The number of other vacant large residential lots in the City is limited. This annexation is consistent with the City's plan to provide sufficient buildable land for the City's growth. The Woodburn Residential Land Needs Analysis indicates that the City had a 2020 residential land need of 526 acres, so the proposed 34-acre annexation arguably constitutes a fraction smaller than a 5-year supply.This standard is met. 3. The territory proposed for 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 site abuts City Limits and the proposed annexation will make use of public facilities previously installed to serve development in northwest Woodburn.Any necessary utility extensions can be made available to serve development of the site.This standard is met. 4) The site is feasible for development and provides either: a) Completion or extension of the arterial/collector street pattern as depicted on the Woodburn Transportation System Plan;or b) Connects existing stub streets, or other discontinuous streets, with another public street. Woodburn Crossing: Analysis and.Findings ANX 2017-03 EXHIBIT B Page 5 of 6 The nearest collector street is Arney Road, while the nearest access street is Woodland Avenue. The Transportation System Plan does not illustrate any future arterials or collectors through or adjacent to the site.The proposed street layout would extend Steven Street into the site,and extend Arney Lane NE west across the northern lot line of the property;these street extensions will be dedicated as public streets. A private driveway is proposed on Sprague Lane to allow access to the RV storage site.This standard is met. 5) Annexed fulfills a substantial unmet community need, that has been identified by the City Council after a public hearing. Examples of community needs include park space and conservation of significant natural or historic resources. The proposed annexation will increase the supply of developable,serviceable residential land within City Limits.The City has only minimal multi-family residential lots available for development at this time.This standard is met. b. Lands designated for commercial, industrial and other uses should demonstrate substantial conformance to the following criteria: 1) The proposed use of the territory to be annexed shall be for industrial or other uses providing employment opportunities, 2) The proposed industrial or commercial use of the territory does not require the expansion of infrastructure, additional service capacity, or incentives that are in excess of the casts normally borne by the community far development; 3) The proposed industrial or commercial use of the territory provides an economic opportunity for the City to diversify its economy. The site is designated Medium Density Residential.This standard does not apply. D. Procedures: 1. An annexation may be initiated by petition based on the written consent of a. The owners of more than half of the territory proposed for annexation and more than half of the resident electors within the territory proposed to be annexed,or b. One hundred percent of the owners and fifty percent of the electors within the territory proposed to be annexed;or C. A lesser number of property owners. The application proposed the annexation of two parcels.Exhibit C includes signatures from both property owners on a Petition for a Consent Annexation and Waiver of Time Limit form,while Exhibit D includes Certification of Registered Voters forms signed by the Marion County Elections Office certifying that there are not registered voters on the properties proposed to be annexed.This standard is met. 2. if an annexation is initiated by property owners of less than half of property to be annexed, after holding a public hearing and if the City Council approves the proposed annexation, the City Council shall call for an election within the territory to be annexed. Otherwise no election on a proposed annexation is required. The proposed annexation was initiated by both property owners (100% of the property owners of the territory to be annexed).This standard does not apply. Woodburn Crossing:Analysis and Findings ANX 2017-03 EXHIBIT B Page 6 of 6 The City may initiate annexation of an island(ORS 222.750), with or without the consent of the property owners or the resident electors.An island is an unincorporated territory surrounded by the boundaries of the City. Initiation of such an action is at the discretion of the City Council. The proposed annexation area is not surrounded by City boundaries all sides and the City has not initiated annexation.This standard does not apply. E Zoning Designation for Annexed Property: All land annexed to the City 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 proposed annexation territory is designated as Medium Family Residential on the City of Woodburn's Comprehensive plan.Upon annexation,the parcels will be designated with the Medium Family Residential zone(RM).The proposed developments are consistent with this zoning,as demonstrated in this narrative. This standard is met. F. The timing of public improvements is as follows: 1. Street dedication is required upon annexation. 2. Dedication of public utility easements(PUE')is required upon annexation. 3. Street improvements are required upon development. 4. Connection to the sanitary sewer system is required upon development or septic failure. 5. Connection to the public water system is required upon development or well failure. 6. Connection to the public storm drain system is required upon development. The applicant requests deferral of the dedication of street right-of-way and public utility easements until construction drawings have been prepared by the applicant's engineer and reviewed by City staff to ensure that the dedication is sufficient to accommodate the new streets and PUEs. Street improvements and connections to the sanitary sewer system,the public water system,and the public storm drain system will be constructed during development, as will be demonstrated at the time of permit submittal. This standard is met. The application meets the annexation requirements/criteria of 5.04. OVERALL CONCLUSION The City Council finds that based on the entire Record the application is consistent with all applicable code criteria and that the burden of proof with respect to the requirements of the WDO and Comprehensive Plan have been met. Woodburn Crossing:Analysis and Findings ANX 2017-03