Ord 2264 - Annex Hwy 214/Front
COUNCIL BILL NO. 2043
ORDINANCE NO, 2264
AN ORDINANCE ANNEXING INTO THE CITY OF WOODBURN APPROXIMATELY
5.36 ACRES OF PROPERTY LOCATED TO THE NORTH AND SOUTH OF
HIGHWAY 214 AND TO THE EAST OF FRONT STREET; AMENDING THE CITY OF
WOODBURN ZONING MAP FROM MARION COUNTY "URBAN TRANSITION
FARM" (UTF) TO CITY OF WOODBURN "LIGHT INDUSTRIAL" (IL) FOR THE LOT
PARTITION TO THE NORTH AND TO CITY OF WOODBURN "PUBLIC SERVICE"
(PS) FOR THE LOT PARTITION TO THE SOUTH; GRANTING THE PARTITION
APPLICATION AS SUBMITTED TO THE WOODBURN PLANNING COMMISSION;
AND DECLARING AN EMERGENCY,
WHEREAS, the Woodburn Comprehensive Plan and Zoning Map have established
certain land uses within the City of Woodburn's Urban Growth Boundary; and
WHEREAS, the Woodburn City Council has reviewed the record in Annexation Case
98-04; Zone Map Amendment 98-05 and Minor Partition 98-04 and considered all of the
evidence presented; and
WHEREAS, public hearings have been conducted before the Planning Commission and
City Council and all of the testimony presented has been considered; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. That the real property subject to these land use applications is legally described
in attachment "A," which is affixed hereto and by this reference incorporated herein.
Section 2. That the subject property is depicted on the map which is affixed hereto as
attachment "B," and is, by this reference, incorporated herein.
Section 3. That based upon the findings and conclusions, which are affixed hereto as
attachment "c" and are, by this reference, incorporated herein, the subject property is hereby
annexed to the City of Woodburn.
Section 4. That Minor Partition Application 98-09 involving the subject property is
hereby granted as approved by the Planning Commission. A copy of the partition plat is affixed
hereto as attachment "D" and is, by this reference, incorporated herein.
Section 5, That, pursuant to the partitioning process, the subject property will be divided
into two parcels, Parcel No. I and Parcel NO.2. Parcel No. I lies to the north and is legally
Page 1 - COUNCIL BILL NO. 2043
ORDINANCE NO. 2264
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described in attachment "E," affixed hereto and incorporated herein. Parcel No.2 lies to the
south and is legally described in attachment "F," affixed hereto and incorporated herein.
Section 6, That the Woodburn Zoning Map is hereby amended as to Parcel No.1 of the
subject property from Marion County "Urban Transition Farm" (UTF) to City of Woodburn
"Light Industrial" (IL) based upon the findings and conclusions which are affixed hereto as
attachment "c."
Section 7. That the Woodburn Zoning Map is hereby amended as to Parcel No.2 of the
subject property from Marion County "Urban Transition Farm" (UTF) to City of Woodburn
"Public Service" (PS) based upon the findings and conclusions which are affixed hereto as
attachment "c."
Section 8. This ordinance being necessary for the public peace, health and safety, an
emergency is declared to exist and this ordinance shall take effect immediately upon passage by
the Council and approval by the Mayor.
Approved as to form01.~ ~
City Attorney
5
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Date
Approved: ~~ -----
Richard Jennings, Ma r '\.
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST ~~;~~er
City of Woodburn, Oregon
May 8. 2000
May 9. 2000
M"y q, ?nnn
May 9. 2000
Page 2 - COUNCIL BILL NO. 2043
ORDINANCE NO. 2264
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ATTACHMENT ....A.-
page......L- of I
Order No. 258580-M
PRELIMINARY TITLE REPORT
November 11,1999
Page 4
All that property lying Southerly of State Highway 214 and Easterly of Southern Pacific
Railroad, of the following described property Marion County, Oregon.
Beeinning at the most Northerly Northwest comer of Lot 7, Block 1, Walilale Home Tracts
in Township 5 South, Range I West of the Willamette Meridian in Marion County,
Oregon, thence South 400 48'West49.90 feet to the most Northerly comer of Lot 8 in said
Block; thence South 10 15' West along the East line of said Lot 8, a distance of 448.14 feet
to the Southeast comer thereof; thence North 88045' West along the South line of said Lot,
378.91 feetto a point on the Westerly line of said Walilale Home Tracts; thence South 400
48' West along said Westerly line 447.18 feetto the most Westerly comer of Lot 4, Block 2,
thereof, being in the center of Creek; thence Northwesterly along the meanders of the
center line of said Creek, and the Northerly line ofland conveyed to Fred J. Monnier by
deed recorded in Volume 224, Page 101, deed Records for Marion County Oregon, 224.00
feet to the Easterly line of the Southern Pacific Railroad company right of way; thence
North 410 15' East along the Easterly line of said right of way 885.00 feet, more orless, to a
point on the Westerly extension of the North line of said Walilale Home Tracts; thence
North 890 41' East 299.00 feet to the place ofbeeinning.
SAVE AND EXCEPT: Beeinning on the Westerly line ofWalilale Home Tracts in
Township 5 South, Range 1 West of the Willamette Meridian in Marion County, Oregon,
at a point which is 613.01 feet South 400 48' West from the most Northerly Northwest
comer of Lot 7, Block 1 thereof; thence North 880 45' West 292.05 feet to a point on the
Easterly line of the Southern Pacific Company Railroad right of way; thence South 410 15'
West along the Easterly line of said right of way, 64.68 feet; thence South 880 45' East,
292.05 feet to a point on the Westerly line of said Walilale Home Tracts; thence North 400
48' East 64.81 feet to the place of beeinning.
SAVE AND EXCEPT: that portion acquired by the State of Oregon, by and through its
State Highway Commission for the relocation of State Highway No. 214 by decree entered
into Marion County Circuit Court, April 17, 1972, Case No, 74662.
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RELOCATED STATE HIGHWAY 214: MT HOOD AVENUE .
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FINAL ORDER ANNEXATION 98-04, ZONE MAP AMENDMENT 98-05, MINOR PARTITION 98-09
Page 4 of 6
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EXHIBIT" A"
ATTACHMENT (!..
Page -L- of -3
FINDINGS AND CONCLUSIONS
BACKGROUND FINDINGS
FINDING: The purpose of the application is to change the land designation for the
subject property to bring it into compliance with the comprehensive plan which
requires that the lot be partitioned to correct a potential split zoning situation and
allow the lot to the south to be sold.
ANNEXATION
FINDING: The proposal is to annex 5.19 acres of territory to the City of
Woodburn. The subject property is Tax Lot 600, Marion County Assessor's Map
5S, 1W, Section 8BC. It abuts the existing city limits on the north, west and east
boundaries. See map and legal description included on pages 4 and 5.
FINDING: The applicant filed an annexation petition and consent representing all
owners. The petition complies with the consent required under ORS Chapter 222,
Annexation.
ST A TEWIDE GOALS
FINDING: The City of Woodburn has established a land use notification and
hearings procedures to assure access by citizens.
FINDING: This Goal requires that the City coordinate the annexation application
with affected governmental units during amendments to its plan. To the extent
that this annexation request constitutes an amendment to the City's
Comprehensive Plan, the City will make this land use decision by coordinating with
Marion County, the Oregon Department of Transportation, and the Department
Land Conservation and Development, as well as other affected governmental
entities.
FINAL ORDER ANNEXATION 98-04. ZONE MAP AMENDMENT 98-05. MINOR PARTITION 98-09
Page 1 of 6
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FINDING: No other natural resource issues are apparent for the subject property.
FINDING: There are no documented hazards associated with the subject
property. The subject property is not within the 1 OO-year flood plain according to
the maps prepared by FEMA.
FINDING: The subject property has not been identified by the City as a potential
park site for any type of recreational facility..
FINDING: This Goal is implemented by the Transportation Planning Rule. The City
of Woodburn has implemented the Transportation Goal and the Transportation Plan
Rule through the adoption of an acknowledged Transportation System Plan (TSP)
in 1996 (Ordinance 2170). That plan accounts for the development of all the land
within the Urban Growth Boundary as depicted by the Woodburn Comprehensive
Plan.
The TSP fulfills the Transportation Goal through facility plans for streets, bicycles,
pedestrians, and transit; implementation priorities and a financing program. The
City has established a transportation framework that reflects the annexation and
urbanization of the subject property.
FINDING: The proposal does not require any changes in the standards that
implement the functional classification of streets.
WOODBURN COMPREHENSIVE PLAN
FINDING: The proposed annexation is consistent with the Woodburn
Comprehensive Plan in that it is a proposal to permit the urbanization of the
subject property, subject to a concurrent Comprehensive Plan map amendment.
There are no County regulations that preclude the proposed annexation.
FINDING: The proposed annexation is found to be consistent with the applicable
portions of the Woodburn Comprehensive Plan. The proposal is consistent with
the Marion County Comprehensive Plan in that the County Plan establishes the
Urban Growth Boundary as the area specifically set aside for urbanization after
annexation to the City.
WOODBURN ZONING ORDINANCE
FINAL ORDER ANNEXATION 98.04. ZONE MAP AMENDMENT 98.05, MINOR PARTITION 98.09
Page 2 of 6
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FINDING: The proposed zone amendments comply with the city's Comprehensive
Plan map.
MINOR PARTITION
FINDING: The Minor Partition is required to preclude a split zoning situation after
the annexation of the lot is completed
FINDING: The Minor Partition is required to allow the sale of the lot to be
partitioned to the south of Mt. Hood Avenue.
FINAL ORDER ANNEXATION 98-04, ZONE MAP AMENDMENT 98-05, MINOR PARTITION 98-09
Page 3 of 6
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ATTACHMENT E.
Page --I- of
Hibbard-Doss
Partition Plat
Legal Description
Parcel No.1
Beginning at the initial point, being the most northerly Northwest corner of lot 7 of
Walilale Home Tracts (Volume 7. page 64. Book of Town Plats, Marion County.
Oregon) in Section 8. Township 5 South, Range 1 West of the Willamette Meridian
in the City of Woodburn; thence S 44052' 18" W along the westerly line of lot 7
a distance of 49.82 feet to the most northerly corner of lot 8 of Walilale Homes
Tracts; thence S 040 31' 53" W along the east line of lot 8 a distance of 375.04
feet to a point on the northerly right of way line of State Highway #214; thence N
79035' 32" W, along said right of way. 379.65 feet to a point; thence N 720 14'
47" W. along said right of way, 149.62 feet to a point; thence N 790 09' 49" W,
along said right of way, 18.21 feet to a point on the east right of way of the
Union Pacific Railroad (formerly Southern Pacific Railroad); thence N 430 57' 27" E
along said right of way 434.14 feet to a point. thence S 850 57' 45" E. 297.95
feet to the point of beginning. Containing 3.67 acres more or less.
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ATTACHMENT r::
Page -L- of
Partition Plat
Legal Description
Parcel No.2
Beginning at the initial point, being the most northerly northwest corner of lot 7 of
Walilale Home Tracts (Volume 7, Page 64, Book of Town Plats, Marion County,
Oregon) in Section 8, Township 5 South, Range 1 West of the Willamette Meridian
in the City of Woodburn; thence S 440 52' 18" W along the westerly line of lot 7,
a distance of 49.82 feet to the most northerly corner of lot 8 of Walilale Home
Tracts; thence S 040 31' 53" W along the east line of lot 8, a distance of 459.63
feet to the southwest corner of lot 7 and the southeast corner or lot 8; thence N
850 25' 52" W, a distance of 378.91 feet to the southwest corner of lot 8; thence
S 440 07' 08" W, 45.39 feet to a point on the south right of way line of State
Highway #214, being the true point of beginning of Parcel No.2; thence
continuing S 440 07' 08" W, a distance of 430.38 feet to the centerline of Mill
Creek; thence N 39056' 16" W, a distance of 226.72 feet to a point on the
easterly right of way line of the Union Pacific Railroad (formerly Southern Pacific
Railroad): thence N 430 57' 27" E along said right of way, 220.11 feet to a point
on the southerly right of way line of State Highway #214; thence S 850 25" 52" E
along said right of way 293.26 feet to the true point of beginning of Parcel No.2.
Containing 1.69 acres more or less.
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