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Ord 2259 - Zone Ch 751 Young St COUNCIL BILL NO. 2027 ORDINANCE NO. 2259 AN ORDINANCE GRANTING A ZONE CHANGE ON CERTAIN PROPERTY LOCATED AT 751 YOUNG STREET FROM SINGLE-FAMILY RESIDENTIAL (RS) TO MULTIPLE FAMILY RESIDENTIAL (RM). WHEREAS, the applicant, Cheryl Grigorieff, submitted Zone Change Application No. 99-07 for a zone change from single-family residential (RS) to Multiple Family Residential (RM); and, WHEREAS, the City Council conducted a de novo public hearing on February 14, 2000 and heard testimony on said application; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The subject property is owned by Cheryl Grigorieff and is described as follows: Tax Lot 3800 in NW 1/4, T5S, Rl W, Section 18AD of Marion County Assessor Maps. Section 2. That based upon the findings and conclusions contained in Exhibit "A" attached hereto, the wne designation on the subject property is changed from single-family residential (RS) to Multiple Family Residential (RM). Section 3. That this ordinance being necessary for the immediate preservation of 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 rayor. Approved as to fO;:oJ')-vQ-- ~ Z. -Z:?) ZOo J City Attorney Date I ( APPROVED: ~{\~ ~?- Richard Jennings, ayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ---- ..~ ATTEST: ~ ~"\..~ Maryl T ehbant, City Recorder City of Woodburn, Oregon February 28, 2000 February 29, 2000 February 29, 2000 February 29, 2000 Page I - COUNCIL BILL NO. 2027 ORDINANCE NO. 2259 ,,_..,. "___"~'_h",__, .".......-.-_._~___,.__~.______'~ EXHIBIT "A" FINDINGS AND CONCLUSIONS I. RELEVANT FACTS: Land area: Approximately 0.59 acres. The applicant's site is located at 751 Young Street. The property is identified specifically as Tax Lot 3800 in NW 1/4, T5S, R1W, Section 18AD of Marion County Assessor Maps. The subject property is designated Residential >12 units per acre on the Woodburn Comprehensive Plan and is zoned RS. Surrounding zoning (Comprehensive Plan designation) and land use: North: Zoned RS (Residential >12 u/a) and developed with single family residences. South: Zoned RM (Residential >12u/a) and developed with a mix of multiple and single family residences. East: Zoned RS (Residential >12u/a) and developed with single family residences on the easterly two lots and a multiple family complex on the east side of Gatch Street. West: Zoned RS (Residential >12u/a) and developed with single family residences on the westerly two lots and then transitions to multiple family developments. The subject site is currently developed with a single family dwelling and a shop building. Because the site is surrounded by development within the city, public facilities are readily available to the site. Schools: The nearest school facilities are Washington Elementary and French Prairie Middle Schools. The site is relatively level and has vegetation typically associated with a single family residence. No topographical or environmental constraints have been identified on the subject property. II. RELEVANT APPROVAL CRITERIA: A. Woodburn Comprehensive Plan: Chapter IX. Goals and Policies: A. Residential Land Development Policies Findings and Conclusions - ZC 99-07 1 --.-- .---...-.",-.--.-.--.-., "'" G. Housing Goals and Policies B. Woodburn Zoning Ordinance: Chapter 15 Zone Change Procedure Chapter 16 Comprehensive Plan Amendment Procedure Chapter 26 Multiple Family Residential District C. Woodburn Transportation System Plan III. FINDINGS: A. Woodburn Comprehensive Plan - Chapter IX. Goals and Policies: Residential Land Development Policies (IX-A): A-11 Traffic from high density residential areas should have access to collector or arterial streets without going through other residential streets. FINDING: The only means of access to the subject property is from Young Street which is classified as a minor arterial street. Single family developments are generally discouraged from developing with direct access to arterial streets. However, the subject site is ideally located for multiple family uses which is consistent with the above policy. Housing Goals and Policies (IX-G): G-1-1 The City will insure that sufficient land is made available to accommodate the growth of the City. This requires that sufficient land for both high density and low density residential developments is provided within the confines of the growth and development goals of the City... FINDING: The subject site has been designated on the Comprehensive Plan as Residential >12 uta (High Density Residential). The Zoning Ordinance utilizes the RD (Residential Duplex District), RL (Limited Multi-Family Residential District), RM, and RH (High Rise Residential District) zoning districts to implement the High Density Residential designation. The RM zone exists on the south side of Young Street from the subject property, one lot away on the west side and across Gatch Street to the east. Changing the zoning of the property to RM is consistent with the Findings and Conclusions - ZC 99-07 2 - ,.."-^.,..~_... ._"._...._~..,...~..,._-,--,-----~,...- - - above policy. G-1-2 It is the policy of the city to encourage a variety of housing types to accommodate the demands of the local housing market. FINDING: Changing the zoning to RM will encourage a variety of housing types consistent with the above policy. B. Woodburn Zoning Ordinance: 1. Chapter 15 Zone Change Procedures FINDING: The zone change is necessary in order to allow multiple family residential uses on the subject site in conformity with the Comprehensive Plan designation for the site. The applicant does not propose any new development at this time, but desires to change the zoning to allow the option of developing the site with multiple family residential uses in the future. 2. Chapter 16 Comprehensive Plan Amendment Procedure. Section 16.080 Burden of Proof. The following specific questions shall be given consideration in evaluating requests regarding plan and zoning amendments and are as follows: (b) To support a zone change, the applicant shall: (1) Show there is a need for the use proposed; (2) Show that the particular property in question will best meet that need. FINDING: The applicant is not proposing any specific new use at this time. However, the change of zone to RM will be consistent with the High Density Residential designation of the property on the Comprehensive Plan. The most appropriate zoning of the property is for multiple family residential uses since this is consistent with the Comprehensive Plan and the classification of Young Street as a minor arterial. In addition, Young Street has been transitioning to multiple family dwellings which is Findings and Conclusions - ZC 99-07 3 --.~._._~~--~_.._-_..- "':':" demonstrated by the numerous apartment complexes in the vicinity of the subject property. 3. Chapter 26 Multiple Residential (RM) District Section 26.010 Use FINDING: The existing single family dwelling is a permitted use in the RM District and therefore will remain a conforming use if the zone change is approved. Section 26.040 Height. FINDING: The existing dwelling and shop building comply with height requirements of the RM District. Section 26.050 Side and Rear Yards FINDING: The existing dwelling complies with rear and side yard setbacks. Section 26.060 Front Yard. In an RM District, there shall be a minimum front yard of 20 feet. No parking shall be allowed within 20 feet of the front lot line. FINDING: The existing dwelling exceeds the front yard setback requirement. Section 26.065 Solar Access. FINDING: The existing dwelling and shop building meet solar access requirements. Section 26.070 Landscaped Yards. FINDING: The existing site complies with requirements for landscaped yards. Section 26.080 Lot Area and Width. . . . In an RM District the minimum requirement for lot area for other uses shall be 5,000 square feet plus additional lot area computed as follows: (a) For the first through fifth unit: Findings and Conclusions - ZC 99-07 4 , (1) For each dwelling unit with one or fewer bedrooms - 1,200 square feet. (b) For the sixth dwelling unit and each succeeding dwelling unit, the following additional lot area shall be required: (1) For each dwelling unit with one or less bedrooms, one story - 1,250 square feet. (c) No main building or group of main buildings shall occupy more than 30 percent of the lot area, and no detached accessory structure may occupy more than 25 percent of any side or rear yard . . . (d) Every lot in an RM District shall have a minimum of 60 feet at the building line. The minimum lot area requirements for buildings other than dwellings shall be an area not less than the sum of the area occupied by the building or buildings, and the area required for yards herein, or 5,000 square feet, whichever is greater. FINDING: The lot contains 25,787 square feet which exceeds the minimum 6,000 square feet required for a single family residence. The lot is 107 feet wide which exceeds the 60 foot requirement. The shop building covers less than 25% of the rear yard. Based on the lot size, the lot could yield up to a maximum of 16 dwelling units [5,000+(5 units x1 ,200)+(11 units x1 ,250)=24,750 SF]. C. Woodburn Transportation System Plan (TSP) FINDING: The zone change will be consistent with the Woodburn Transportation Systems Plan in that the traffic analysis and recommendations contained in the TSP were based on Comprehensive Plan land use designations and not zoning. Changing the zoning of the subject property to RM will not affect the TSP. IV. CONCLUSION: The proposal satisfies all approval criteria relating to a zone change. Findings and Conclusions - ZC 99-07 5 - --_._"-.~.-,_'~- ..._"----~.,--_.__.-...~-'"--"_.__. IT