Ord. 2566 - Amending Woodburn Zoning Map COUNCIL BILL NO. 3083
ORDINANCE NO. 2566
AN ORDINANCE AMENDING THE WOODBURN ZONING MAP TO DESIGNATE
ZONING OF APPROXIMATELY 150 ACRES OF ANNEXED TERRITORY KNOWN AS
HAZEL M. SMITH PROPERTY, ADJACENT TO 690 BEN BROWN LANE AND
INCLUDING 105 BEN BROWN LANE AND 15198 & 15218 STUBB ROAD, MARION
COUNTY, OREGON AS RESIDENTIAL SINGLE FAMILY (RS), NODAL SINGLE FAMILY
RESIDENTIAL (RSN), AND NODAL MULTI-FAMILY RESIDENTIAL (RMN) ZONING
DISTRICTS
WHEREAS, the subject property is owned by Hazel M. Smith Properties
LLC, Don Ivan Mametieff, and Anna Kamis with Stafford Land Company LLC as
contract purchaser, and is legally described in Exhibit "A" and mapped in
Exhibit "B", which are affixed hereto and by this reference incorporated
herein; and
WHEREAS, consistent with Oregon Revised Statutes (ORS) 222.1 1 1 (2) the
owner of real property in the territory to be annexed initiated by petition a
proposal for annexation, a copy of the petition being on file with the City
Recorder (ANX 2018-01 ); and
WHEREAS, because the subject property is already within the Woodburn
Urban Growth Boundary (UGB), it has an existing Comprehensive Plan map
land use designation of Low Density Residential; and
WHEREAS, per the exhibits the subject property includes adjacent right-
of-way (ROW); and
WHEREAS, the applicant for the purpose of the Smith Creek
Development requested that, consistent with Woodburn Development
Ordinance (WDO) 5.04.01 E., the City designate the annexed territory as
Residential Single Family (RS), Nodal Single Family Residential (RSN), and Nodal
Multi-Family Residential (RMN) zoning districts; and
WHEREAS, RS is one of two zoning districts that are consistent with the
Comprehensive Plan per Policy Table 1, the other option being the Retirement
Community Single Family Residential (RIS) presently designated only to the
Woodburn Estates & Golf developed subdivisions, which are restricted to
persons 55 years of age and older; and
Page - 1 - Council Bill No. 3083
Ordinance No. 2566
WHEREAS, RSN and RMN are each the one zoning district that is
consistent with the Comprehensive Plan per Policy Table 1 ; and
WHEREAS, these zoning designations are contingent upon annexation of
the subject property to the City of Woodburn, for which the applicant has
petitioned and filed the petition with the City Recorder; and
WHEREAS, on October 11 , 2018 the Woodburn Planning Commission
considered the annexation application and, after a duly advertised public
hearing, recommended approval of the annexation; and
WHEREAS, on the specially scheduled date of October 29, 2018, the
Woodburn City Council held a public hearing, reviewed the record, heard all
public testimony presented on said application, and, upon deliberation,
concluded that the proposed annexation meets the applicable approval
criteria under City of Woodburn Development Ordinance (WDO) 5.04,01C.;
and
WHEREAS, the analyses and findings that were Attachment 102 of the
October 29 City Council land use staff report mentioned that zoning
designation follows annexation, compatibility of the three districts, and
applicant acceptance of designations; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Upon the effective date of the annexation enacted by Ordinance
2565 being considered contemporaneously with this request, the Woodburn
Zoning Map is amended designating the zoning on the subject property
described in Exhibit "A" and mapped in Exhibits "B" and "C" as Residential
Single Family (RS), Nodal Single Family Residential (RSN), and Nodal Multi-
Family Residential (RMN).
Approved as to form:
City Attorney Dat
0
Approved:
bthz Figley, M y r
Passed by the Council L - 12(')/
Submitted to the Mayor `' "`
Page - 2 - Council Bill No. 3083
Ordinance No. 2566
Approved by the Mayor I
Filed in the Office of the Recorder
ATTEST:
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page - 3 - Council Bill No. 3083
Ordinance No. 2566
Ordinance No. 2566
Exhibit A
�y
Legal Description For: ,
City of Woodburn
Property to be annexed — - -
A tract of land situated in the southeast one-quarter of Section 12 and all quarters of
Section 13, Township 5 South, Range 2 West and the southwest one-quarter of Section
7 and the northwest one-quarter of Section 18, Township 5 South, Range 1 West of the
Willamette Meridian, Marion County, Oregon, more particularly described as follows:
Beginning at the northeast corner of Parcel 1, Partition Plat 94-110, as platted and
recorded in the Marion County Book of Partition Plats, said point being North
2025'40" East 22.00 feet from the northwest corner of Lot 12 in SMITH'S ADDITION
NO. 4, as platted and recorded in Volume 40, Page 15, Book of Town Plats for
Marion County, Oregon; and running thence along the existing City of Woodburn
City Limits boundary on the following 16 courses:
thence South 2°25'40" West 343.17 feet along the west line of said SMITH'S ADDITION
NO. 4 to the northwest corner of SMITH'S ADDITION NO. 3, as platted and
recorded in Volume 32, Page 49, Book of Town Plats for Marion County, Oregon;
thence South 28015'01" East 262.62 feet along the west line of said SMITH'S ADDITION
NO. 3 to an angle point thereof;
thence South 16042'31"West 1288.67 feet along said west line and the west line of
SMITH'S ADDITION NO. 2, as platted and recorded in Volume 29, Page 43, Book
of Town Plats for Marion County, Oregon to a point on the north line of that property
conveyed to the City of Woodburn in that instrument recorded in Reel 2473, Page
338, Marion County Deed Records;
thence North 67028'44"West 262.41 feet along said north line to an angle point thereof;
thence North 72°33'09"West 211.00 feet along said north line of the City of Woodburn
property to the northwest corner thereof;
thence South 17023'29"West 207.41 feet to the most Westerly southwest corner of said
City of Woodburn property;
thence South 89037'02" East 211.54 feet along the south line of said City of Woodburn
property to an angle point thereof;
thence South 67031'30" East 581.52 feet along said south line and its Southeasterly
extension thereof;
thence South 17002'17" West 405.87 feet to a point on the north right of way line of Ben
Brown Lane;
thence North 67032'20"West 319.48 feet along said north right of way line;
thence South 19001'35" West 155.15 feet to a point on the northeasterly line of Parcel 2
in the aforementioned Partition Plat 94-110;
thence North 67037'02" West 230.97 feet along said northeasterly line to an angle point
thereof;
thence North 89028'02"West 831.61 feet along the north line of said Parcel 2 and the
north line of Parcel 3 in said Partition Plat 94-110 to the northwest corner of said
Parcel 3;
3657 Kashmir Way SE Phone: 503-588-8800 E-mail: info@barkerwilsoryr
Salem,OR 97317 Fax: 503-363-2469 Web Page: www.barkerwilson.com
thence South 0°31'03" West 876.29 feet along the west line of said Parcel 3 and its
Southerly extension thereof to a point in the centerline of Parr Road (County Road
517);
thence North 89°39'00"West 1195.31 feet along said centerline;
thence leaving said centerline, South 0021'00" West 30.00 feet to a point on the south
right of way line of said Parr Road;
thence North 89039'00"West 571.61 feet along said south right of way line to an angle
point thereof;
thence North 89041'09"West 64.99 feet;
thence leaving said south right of way line, North 0°18'51" East 60.00 feet to a point on
the north right of way line of said Parr Road;
thence South 89041'09" East 50.00 feet along said north right of way line to a point on
the west right of way line of Stubb Road (County Road 517), said road recorded as
being 30 feet wide;
thence North 0020'21" East 1523.14 feet along said west right of way line to the north
terminus of said county road;
thence South 89039'39" East 27.84 feet to the southeast corner of Parcel 2, Partition Plat
2010-33, as platted and recorded in the Marion County Book of Partition Plats;
thence North 0024'12" East 471.14 feet along the east line of said Parcel 2 to the
northeast corner thereof, said point being on the south line of MONTEBELLO 2, as
platted and recorded in Volume 44, Page 108, Book of Town Plats for Marion
County, Oregon;
thence along the existing City of Woodburn City Limits boundary on the following 7
courses:
thence South 89035'22" East 859.57 feet along the south line of said MONTEBELLO 2
and its Easterly extension thereof to an angle point in the north line of the
aforementioned Parcel 1, Partition Plat 94-110;
thence North 00034'49" East 23.62 feet to an angle point in said north line, said point
being on the Westerly extension of the south line of WOODBURN SENIOR
ESTATES NO. 7, as platted and recorded in Volume 22, Page 42, Book of Town
Plats for Marion County, Oregon;
thence South 88°57'41" East 1278.98 feet along said Westerly extension and south line
to the southeast corner of said WOODBURN SENIOR ESTATES NO. 7;
thence North 0034'30" East 1107.53 feet along the east line of said WOODBURN
SENIOR ESTATES NO. 7 to an angle point in the aforementioned north line of
Parcel 1, Partition Plat 94-110;
thence South 88037'48" East 726.07 feet along said north line to an angle point thereof;
thence North 00034'33" East 150.18 feet to an angle point thereof;
thence South 88°34'32" East 399.96 feet along said north line to the Point of Beginning,
containing 148.57 acres of land, more or less.
Bearings are based on Marion County Survey Record 24089, along the centerline of
Parr Road.
REGISTERED
PROFESSIONAL
!LAND SURVEYOR
4t"�< lzt�
OREGON
JULY 19,1951
GREGORY L WILSON
e�sPi2es 'c -30- 8
3657 Kashmir Way SE Phone: 503-588-8800 E-mail: info@barkerwilson,com
Salem,OR 97317 Fax: 503-363-2469 Web Page: www.barkerwilson.com
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