Ord 2292 - Annex 220 S Pac Hwy
COUNCIL BILL NO. 2326
ORDINANCE NO. 2292
AN ORDINANCE ANNEXING INTO THE CITY OF WOODBURN 1.5 ACRES OF
PROPERTY LOCATED ON THE EAST SIDE OF HWY 99E SOUTH OF THE
WILLAMETTE VALLEY RAILROAD; GRANTING A ZONE CHANGE FROM
MARION COUNTY COMMERCIAL GENERAL (CG) TO CITY OF WOODBURN
COMMERCIAL GENERAL (CG) DISTRICT; AND A TT ACHING CERTAIN
CONDITIONS THERETO.
WHEREAS, the applicant, Doug Templeton, submitted the following applications:
Annexation 01-02 and Zone Change 01-02; 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, the Woodburn City Council has reviewed the record pertaining to said
applications and heard all public testimony presented on said applications; NOW,
THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. That the subject property is owned by Doug Templeton and 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 Exhibit Map for Annexation
which is affixed hereto as Attachment "B" and is by this reference incorporated herein.
Section 3. That based upon the Findings in Support, which is affixed hereto as
Attachment "C" and is by this reference incorporated herein, the subject property is hereby
annexed to the City of Woodburn.
Section 4. That the Woodburn Zoning Map is hereby amended as to the property
described in Attachment "A" to this Ordinance from Marion County "Commercial General
(CG)" to the City of Woodburn "Commercial General (CG) District" based upon the Findings in
Support, which is affixed hereto as Attachment "C".
Section 5. That the Annexation and Zone Change approvals are subject to the conditions
contained in Attachment "D", which is affixed hereto and incorporated herein, which the Council
finds reasonable.
Approved as to form~,~ ~
City Attorney
two 21' loc I
Date
Page 1 - COUNCIL BILL NO. 2326
ORDINANCE NO. 2292
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATIEST:~~
Mary nnant City Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO. 2326
ORDINANCE NO. 2292
June 25, 2001
June 26, 2001
June 26, 2001
June 26, 2001
ATTACHMENT A
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Real property located at 220 S. Pacific Highway, Woodburn, County of Marion, State of Oregon,
more particularly described as:
Beginning at a point which is North 32015' East 434.1 feet from the
Southwest corner of lot 4 of the subdivision of the B. S. Bonney
Donation land Claim in Township 5 South, Range 1 West of the
Willamette Meridian, in Marion County, Oregon; thence North 59047'
West 338.76 feet; thence South 32015' West 150 feet; thence South
61 006' East 433.58 feet to the West line of land conveyed to General
Foods Corporation by deed recorded in Volume 288, page 672,
Deed Records for Marion County, Oregon; thence North 32015' East
140 feet; thence North 59047' West 94.3 feet to the place of
beginning.
SAVE AND EXCEPT therefrom that part conveyed by Fred
Pommerning and wife to the State of Oregon by deed recorded
February 14, 1933, in Volume 216, page 18, Deed Records for
Marion County, Oregon.
Page 1 - Exhibit F.
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ATTACHMENT B
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ATTACHMENT C
11A
FINDINGS AND CONCLUSIONS
I. NATURE OF APPLICATION
The applicant is requesting to annex a commercial property along the North
Pacific Hwy into the City of Woodburn and change its zoning from a Marion
County commercial district to a City commercial district. The site is currently
developed with an auto body repair facility.
II. RELEVANT FACTS:
The property is located at 220 S. Pacific Hwy, further described on Marion
County Assessor Maps as Township 5 South, Range 1 West, Section 17BC Tax
Lot 1200. The site is in Marion County and is designated as Commercial
General (CG) under county zoning. The property is designated as Commercial
on the City's Comprehensive Plan Map and would be zoned Commercial General
(CG) District at the time of annexation.
The site is fully developed with an auto body repair facility. The property is
virtually flat and is 1.5 acres in size. There is landscaping along the perimeter of
the property and along the highway frontage. There are three existing structures
which total 20,450 square feet in area.
The adjacent properties to the north, east and south are also outside of the City.
The properties to the north and south are under the same County zoning
designation (Commercial General), and the adjacent property to the east is
zoned Industrial. To the north is the Oregon Pacific Construction Company, to
the south is the Centennial Manufactured Home sales site, and to the east is the
Agri-Frozen Foods site. Highway 99E runs along the west of the site. On the
opposite side of the highway are the Woodburn Veterinary Clinic, Bales & Brady
Towing, and the Fleetwood Manufactured Homes sales site.
The property owner is requesting annexation of the property in order to connect
to the City water service for a fire suppression system. Before a property can
receive City facility services, it is required to be within the City limits, resulting in
this annexation and zone change request. With the exception of the proposed
water connection, there are no improvements being proposed to the site as part
of this application. The use of the property is permitted as an Optional Use in the
City's CG District. This use is to remain the same when annexed.
III. RELEVANT APPROVAL CRITERIA
ANNEXATION 01-02
A. OREGON STATEWIDE PLANNING GOALS
Annex 01-02, ZC 01-02
Page 2
B. WOODBURN COMPREHENSIVE PLAN
IX. Goals and Policies
B. Commercial Land Development Policies
D. Annexation Goals and Policies
H. Public Services Goals and Policies
K. Transportation Goals and Policies
L. Growth Goal
M. Growth and Urbanization Policies
X. The Land Use Plan
B. Commercial Lands
F. Transportation Plan
XI. Implementation of the Plan
F. Transportation Plan
C. WOODBURN TRANSPORTATION SYSTEMS PLAN
ZONE CHANGE 01-02
A. WOODBURN COMPREHENSIVE PLAN
B. WOODBURN ZONING ORDINANCE
1. Chapter 15 Zone Change Procedures
2. Chapter 16 Comprehensive Plan Amendment Procedures
IV. ANALYSIS:
ANNEXATION 01-02
A. Oreaon Statewide Plannina Goals
FINDING: The property is proposed to be annexed into the City under a
commercial zone. It is currently designated as commercial on the
Comprehensive Plan and is within the Urban Growth Boundary. As a result,
the statewide planning goals are being implemented through the
acknowledged Comprehensive Plan.
B. Woodburn Comprehensive Plan
FINDING: The property is designated as Commercial on the City's
Comprehensive Plan Map. It is proposed to come into the City under the
Commercial General (CG) District. The existing auto body use is permitted
as an Optional Business in this district.
The Comprehensive Plan goals and policies do not establish a site plan
review requirement for the annexation of developed properties. The applicant
is not proposing changes to the site as part of the annexation and zone
Annex 01-02, ZC 01-02
Page 3
change request. As a result, a site plan review application has not been
made as part of this proposal, and the criteria for site plan review are not
addressed in this report. At such time that the property is annexed into the
city, then any alterations would require the site plan review process.
IX. Goals and Policies
B. Commercial Land Development Policies
B-1. The City should at all times have sufficient land to accommodate
the retail needs of the City and the surrounding market area. The
City presently has four major commercial areas: 99E, 1-5-
Interchange, the downtown area and the 214/211/99E four corners
intersection area. No new areas should be established.
FINDING: The proposed property for annexation is along Hwy 99E, one of
the four major commercial areas identified in the Comprehensive Plan. Since
the property is also developed with a commercial business, no new
commercial area would be established as part of the proposed annexation
and zone change.
B-4. Architectural design of commercial areas should be attractive with a
spacious feeling and enough landscaping to reduce the visual
impact of large expanses of asphalt parking areas.
FINDING: The existing buildings on the property are in good condition, and
one of the buildings was recently constructed in accordance with Marion
County building requirements. There is existing landscaping between the
highway and the parking area at the front of the site. This landscaping
reduces visual impact of the parking area as viewed from Hwy 99E.
D. Annexation Goals and Policies
0-1. The goal is to guide the shape and geographic area of the City
within the urban growth boundary so the City limits:
A. Define a compact service area for the City;
B. Reflect a cohesive land area that is all contained within the City;
and
C. Provide the opportunity for growth in keeping with the City's
goals and capacity to serve urban development.
FINDING: The property is currently within the Woodburn Urban Growth
Boundary and is developed with a commercial business. Since the adjacent
properties to the north, south and those on the opposite side of Hwy 99E are
developed with commercial establishments as well, a compact service and
Annex 01-02, ZC 01-02
Page 4
cohesive land area would be maintained. There is an existing water line
which runs along the front of the property in ODOT right-of-way. The property
owner is requesting to connect to this water line, and it has been indicated by
the Public Works Department that the line has the capacity to serve the site.
0-2. The goal is to clearly establish the intent of each proposed
expansion of the City; to assess the proposal's conformance with
the City's plans and facility capacity and to assess its impact on the
community prior to deeming an annexation application complete.
FINDING: The intent of this annexation is for the property to connect to City
water for a fire suppression system. As mentioned, the Public Works
Department indicates that the capacity exists within this system to support the
site. Since the property is developed and no changes are proposed as part of
this annexation and zone change, there will be no additional impact on the
community.
0-3. The goal is to achieve greater utilization of land within the City by:
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 by incorporating all territory into the
City limits that will be of benefit.
FINDING: Since the subject property and its surrounding properties are within
the urban growth boundary and are developed, an efficient pattern of
development has been established. Since the Comprehensive Plan intends
for properties within the urban growth boundary to receive urban services and
for those services to be maximized, this annexation would further such intent
by connecting to City water.
H. Public Services Goals and Policies
H-1. Public facilities and services shall be provided at levels necessary
and suitable for existing uses. The provision for future public
facilities and services in these areas shall be based upon (1) the
time required to provide the service, (2) reliability of service, (3)
financial cost, and (4) levels of service needed and desired.
FINDING: The City water adjacent to the property is suitable for the
property's use. It has been planned and constructed to meet the needs of its
adjacent properties. Furthermore, the additional connection to the City's
water system would help distribute its cost.
K. Transportation Goals and Policies
Annex 01-02, ZC 01-02
Page 5
K-1-2. Develop a street system wherein arterial streets are of sufficient
width to accommodate traffic flows without interruption....
FINDING: Hwy 99E has an aD-foot wide right-of-way along the subject
property. Its existing improvements include 4 travel lanes with no center turn
lane. This section of roadway is of sufficient width to accommodate the
existing traffic flow from the subject site.
K-1-5. The City shall encourage pedestrian safety and foster pedestrian
activity, and sidewalks shall be provided on all arterial, service
collector, and access streets. Where possible, sidewalks should
be detached from the curb, separated by a minimum 4-foot side
parkway strip.
FINDING: Hwy 99E is a major arterial as indicated on the Woodburn
Transportation Systems Plan. There is no sidewalk along the front of the
property. There is a five (5) foot wide sidewalk on the opposite side of Hwy
99E. The property owner may be required to provide a sidewalk along the
property's frontage at such time that future construction is made to the site.
K-1-9. Where possible, driveway access along Highway 214 and
Highway 99E shall be consolidated to meet the driveway density
guidelines outlined in the Access Management Plan.
FINDING: There is one access directly onto Highway 99E from the subject
site. This is the only access the property owner has to public right-of-way
since no shared access exists with the adjacent businesses. As a result,
additional access consolidation is not feasible at this time.
L. Growth Goals
L-2. The goal is to assure that all expansion areas of the City are served
by public facilities and services with adequate capacity.
FINDING: As mentioned, City water is available to the property and has
adequate capacity to serve the site. Sanitary sewer is presently not available
to the site. The facilities on the property are connected to a private septic
system. At this time, Public Works is not requiring connection to sanitary
sewer. However, connection could be required when sewer is made available
to the site.
M. Growth and Urbanization Policies
Annex 01-02, ZC 01-02
Page 6
M-1. To insure that growth is orderly and efficient, the City shall phase
the needed public services in accordance with the expected rate of
growth. The extensions of the existing public services should be in
accordance with the master plans in this Comprehensive Plan.
FINDING: The City has made water service available to the site. The
annexation is not in response to growth but is rather for upgrading of the
existing facility on the property to meet Fire Code guidelines.
X. The land Use Plan
B. Commercial lands
"....Commercial lands also pose difficulty in deciding their property
location because of the high traffic which is generated by commercial
uses and the necessity for good transportation facilities improvements.
They also can impact quite severely on adjacent residential uses and
this must be considered in their location, and especially in their zoning.
The commercial areas of the City should be aimed to develop at higher
densities instead of a sprawling type development. There are basically
four major commercial areas in Woodburn, and they should serve the
City for the foreseeable future.
.....The second large commercial area which has developed in the City
is the commercial strip along Highway 99E. The strip zoning along 99E
has caused many problems in the City of Woodburn. This is because
this type of development is the least efficient use of commercial land and
highway frontage. While there is little which can be done with the areas
which have already been developed, some of this will be redeveloping in
the future, especially north of Lincoln Street. Access control policies
shall be observed when street improvements occur."
FINDING: The property has been developed with a commercial
establishment for many years. It is not adjacent to any property which is
zoned or used for residential purposes. Since the property is not undergoing
any additional improvements at this time, access control policies are not
required to be met. At the time that future improvements or construction take
place on the site, the City and ODOT will have the opportunity to address
such policies.
XI. Implementation of the Plan
F. Transportation Plan
FINDING: Since no improvements or changes are being made to the site,
other than the water line connection, there will be no change in impact on the
Annex 01-02, ZC 01-02
Page 7
City's transportation systems. Access to the site has been in place for many
years and is proposed to remain in its current condition.
C. Woodburn Transportation Systems Plan
FINDING: As mentioned, this proposal would not cause a change in impact
on the City's transportation systems. As a result, the applicable goals and
policies in this plan will not be affected.
ZONE CHANGE 00-01
A. Woodburn Comprehensive Plan
FINDING: Applicable goals and policies have been satisfied through the
implementation of the Woodburn Zoning Ordinance and other applicable
ordinances in affect at the time of approval. The designated land use for the
property is Commercial on the Comprehensive Plan Map, and the existing
use of an auto body repair facility is in keeping with this designation.
B. WOODBURN ZONING ORDINANCE
1. Chapter 15 Zone Change Procedure
Section 15.010. Amendments. A Zone Change is a reclassification of
any area from one zone or district to another, after the proposed change
has been reviewed and a recommendation made by the Planning
Commission. Such change shall be by an ordinance enacted by the
Common Council after proceedings have been accomplished in
accordance with the following provisions.
Section 15.035. Hearing Before the Planning Commission. The
Planning Commission shall hold a public hearing as described in Chapter
7 of the Zoning Ordinance. After concluding its hearing, the Planning
Commission shall prepare a report setting forth a summary of facts and
conditions involved in the reclassification and submit the same, together
with its recommendation to the Common Council.
Section 15.040. Hearing Before the Common Council. If the
Common Council so desires, it may hold a public hearing on any
proposed Zone Change or reclassification as provided in Chapter 7. Any
Zone Change or reclassification of property shall be by ordinance, and
shall not be passed until after the conclusion of a public hearing held
either by the Planning Commission or Common Council. Denial of a
Zone Change or reclassification shall be by motion. The petitioner may
present written or oral information to the Common Council at the time the
rezone or reclassification is considered. Whenever any change is
Annex 01-02, ZC 01-02
Page 8
authorized by the Common Council, the Official Zoning Map shall be
changed as provided in Section 4.050.
FINDING: A zone change is being requested as part of this proposal from
Marion County's Commercial General (CG) Zone to the City's Commercial
General (CG) District. The zone change is necessary in order for City zoning
to be established on the property once it is annexed from Marion County.
This zone designation is compatible with the use on the subject property as
well as with the commercial designation on the Comprehensive Plan Map.
2. Chapter 16. Comprehensive Plan Map 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 piece of property in question will best meet
that need:
FINDING: It has been indicated that the business on the subject property has
existed for 26 years. As a result, its need has been established and its
location has proven to meet that need. The zoning on the property is being
changed to a City designation that best fits the existing use on the property,
complies with the Comprehensive Plan Map, and is compatible with
neighboring land uses. In addition, the CG zone will match the existing CG
zoning of the neighboring properties within the City.
V. CONCLUSION AND DECISION
Based on the information contained herein, this proposal meets all approval
criteria relating to an Annexation and Zone Change.
Annex 01-02, ZC 01-02
Page 9
ATTACHMENT 0
ttA
CONDITIONS OF APPROVAL
ANNEXATION 01-02
ZONE CHANGE 01-02
Community Development Department
General Conditions
1. The applicant/property owner shall submit to the Community Development
Department a signed "Acceptance of Conditions" agreeing to all conditions
of approval. The signed document must be received by the Community
Development Department before the project approval shall become
effective.
Public Works Department
2. Required system development fees shall be paid at the time of connection
to the specific city service.
3. Water service, for both domestic and fire protection can be provided after
the property has been annexed. Service requirements shall conform the
City of Woodburn standards and specifications.
4. The City of Woodburn has no sanitary sewer main adjacent to this
property to provide service. The closest existing sanitary sewer main is
located at the end of Cannery Road. The property owner will be
responsible for any cost and/or fees associated with providing service to
the property in the future.
Annex 01-02, ZC 01-02
Page 10