Ord 2288 - Annex 770 N Pac Hwy
COUNCIL BILL NO. 2315
ORDINANCE NO. 2288
AN ORDINANCE ANNEXING INTO THE CITY OF WOODBURN 0.98 ACRES OF
PROPERTY LOCATED BETWEEN EAST LINCOLN ROAD AND AZTEC DRIVE ON
THE EAST SIDE OF HWY 99E; GRANTING A ZONE CHANGE FROM MARION
COUNTY COMMERCIAL RETAIL (CR) TO CITY OF WOODBURN COMMERCIAL
RETAIL (CR) DISTRICT; AND ATTACHING CERTAIN CONDITIONS THERETO.
WHEREAS, the applicant, Tony Miller, submitted the following applications:
Annexation 00-01 and Zone Change 00-01; 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 Maxine 1. Hartke 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 Retail (CR)"
to the City of Woodburn "Commercial Retail (CR) 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
6-6-2ool
Date
Page 1 - COUNCIL BILL NO. 2315
ORDINANCE NO. 2288
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST: fY\~
Mary ~nnant CIty Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO. 2315
ORDINANCE NO. 2288
APProVed:/\> ..... ~~
FUc~dJennings,Mayor
June 11, 2001
June 12, 2001
June 12, 2001
June 12, 2001
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ATTACHMENT A
UnIL A CHANGE IS REOUES'I'ED,
ALL TAX S1'ATD4EN,.S SHALL bE
SENT TO THE t'OLLOWINC ADDRESS:
......XINE I. HARTKE 'tRU5T
39U~ 5.E. Willaartte oriv*
HihlDukie, OR ~ 9726,.
ThR true con8ide~ation fa, ~he eonveyahce i. $-0-.
ArrER RECOR01NG, RmvRN TO:
t(AXINE I. HARTXE 'tRUST
3~O~ 5. E. ~illa..t~. D~1v.
Milvau)de, O~ ~ 97:Z67
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BARGAIN AND S~E DEED
KAkINE I. UARTKE cDnveys to HAXIN~ I. ~~TKE,
P^TRIC~ H. HORTO~, and CAROL A~NE JUDD, Tru~teea of the ~axin. I.
Hartlet! 'I'rust u/t/a .""''''r 7 . U74 all that real
property situated in Ha~ion CoGnty, State or Ore9on. described
as:
~EGINNJNG on t~e east line of the PQcir1~
Hi~hWllY o~ II point that is 6_147 Chains north
87 east ..nd 38.051 Chflin6 norUl ,32'21' east
trom the ~DuthwesL Gorn~r ot the L. C. Cooley
Clai~ No. 42, T. 5 ~o~th. Ranqe I W$5t of the
W.H. 1n Marion county, OreQon, said beginn$n9
Oc;~Q ~he most northerly COrner or 1.9$ acres
cunv~y(,:d to Walter T. Robinson and wie.. by
deed r~corded Harch 12, 1945, in Vol. 317,
paQe 468, Deed Record~: thence south 61"9'
ea~t alOnq the northerly line ot said
RObingOn tract ~.9)9 ch~in8 to an 8h91u in
s~id northerly lino: thence south 32 21' west
to th~ south line of the ~aid Robinson tr~ct:
thence ~orth B~'ll' WQst alonq sai~ line to
th~ e&~t~rly line or s~id Pacjtic H1ghway;
then~e nort~ 32'21' east ~lon9 s~id 1in.
J.9l€. chaiJ\8 to ~he place of beQinninq, 1111
in ~~rioh County, oreqon.
THIS INSTRUMttlT WILl.. NOT ALLOW USE OF TtiE PROI'ERT'I
DESCRIBED IN THIs INSTRUMENT ltl VIOt....TION or APP1,.lCABLE LAND USE
LAWS AND REGULATIONS. Bn'ORE SlGIUNG OP ACC~r>TING THIS
lN5'I'RU~L~T, THL PERSON ACQUIRING FEE TI~LE TO THE PRO~~RTY SHOULD
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ATTACHMENT C
FINDINGS AND CONCLUSIONS
I. NATURE OF APPLICATION
The applicant requests City annexation of the Friendly GMC auto dealership on Hwy
99E and a zone change from Marion County's Commercial Retail (CR) zoning to the
City's Commercial Retail (CR) District. The facility requires sanitary sewer service
due to a failed septic system, and City service is available to the site by an existing
line along Hwy 99E. In order for the facility to connect to this service, the property
is required to be within the City of Woodburn, resulting in this annexation and zone
change request. There are no structural additions or alterations proposed on the
site as part of this proposal.
II. RELEVANT FACTS:
The property is located at 770 N. Pacific Hwy, further described on Marion County
Assessor Maps as Township 5 South, Range 1 West, Section 17BA Tax Lot 2000.
The site is currently in Marion County and is designated as Commercial Retail (CR)
under County zoning. It is designated as Commercial on the City's Comprehensive
Plan Map and would be zoned Commercial Retail (CR) at the time of annexation.
The site is fully developed with a commercial establishment which has been in place
since 1948. The size of the property is 0.98 acres and is virtually flat. There is no
landscaping on the property, and it is paved, with the exception of the rear (east)
portion. There is an existing structure which is the service building for the auto
dealership. This building is approximately 9,850 square feet in size.
Hwy 99E runs along the west side of the subject property. The adjacent properties
to the north, east and south are outside of the City and have the same County
zoning (Commercial Retail) as the subject property. The adjacent property to the
southeast (Tax Lot 3600 as shown on Exhibit "C") is also outside of the City and has
a County zoning designation of Single Family Residential (RS). To the north is the
Valley Pacific Floral & Interior shop, to the south is the Benavidez Tires store and
an automobile storage yard, and to the east and southeast are two single-family
residential homes. There is also a gravel storage yard on the opposite side of the
Pacific Highway owned by the Oregon Department of Transportation.
The property has had a failed septic system for several months. At the time that it
failed, the property owner requested to hook up to the City's sanitary sewer service.
The request was denied by the City Council since the property was still in the
County, and the property owner was informed that the property would need to be
ANNEX 00-01, ZC 00-01
Page 1
annexed into the City in order to hook up.
With the exception of the proposed sewer hook-up and some landscaping, 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 CR District, and such use
is not proposed to change.
III. RELEVANT APPROVAL CRITERIA
ANNEXATION 00-01
A. OREGON STATEWIDE PLANNING GOALS
B. WOODBURN COMPREHENSIVE PLAN
C. WOODBURN TRANSPORTATION SYSTEMS PLAN
ZONE CHANGE 00-01
A. WOODBURN COMPREHENSIVE PLAN
B. WOODBURN ZONING ORDINANCE
1. Chapter 15 Zone Change Procedures
2. Chapter 16 Comprehensive Plan Amendment Procedures
IV. ANALYSIS:
ANNEXATION 00-01
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 Comprehensive
Plan Map. It is proposed to come into the City under the Commercial Retail
(CR) District. The existing car dealership use is permitted as an "Optional
Business" in this district. The proposed zone district would be in keeping with the
zoning pattern of the surrounding neighborhood, considering the properties in
ANNEX 00-01, ZC 00-01
Page 2
this immediate area which are in the City are also designated with the CR
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 any alteration of the existing building as part of the annexation and
zone change application. 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 an alteration of the building 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, and is
surrounded by commercially developed properties, with the exception of the
single-family home to the east. Since the property is also developed with a
commercial business, there would be no new commercial area established as
part of the proposed annexation.
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 building on the property is in fairly good condition.
There is an asphalt area between the building and highway where automobiles
are displayed for sale. This area is approximately 20,500 square feet. The
applicant has indicated that a landscape strip will be provided along the
property's highway frontage to enhance its appearance.
D. Annexation Goals and Policies
D-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.
ANNEX 00-01, ZC 00-01
Page 3
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 sales business. Since the
surrounding properties are developed with commercial establishments as well
(excepting the single-family home the east), a compact service and cohesive
land area would be maintained. In addition, the property would be annexed as
an infill parcel. The City presently has the facility capacity to serve this property
with sanitary sewer.
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 the
City's sanitary sewer system to relieve a health hardship situation. It has been
indicated by the City's Public Works Department 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
change in impact to 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: The health hardship situation would be relieved if the property were
annexed and connected to the sanitary sewer service. The cost of the service
would also be shared with another party, and such cost would be better
balanced as a result.
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)
ANNEX 00-01, ZC 00-01
Page 4
levels of service needed and desired.
FINDING: As previously mentioned, there is an existing sanitary sewer service
along the subject property to which the applicant is proposing to connect to
relieve a health hardship situation. It has been indicated by the Public Works
Department that adequate capacity exists in this system to serve the subject
property.
I. Wastewater Goals and Policies
1-1. Develop a system that will comply with regulatory treatment
requirements of the Clean Water Act for anticipated wastewater flows
and reduce the amount of pollutants that are released into the
environment.
FINDING: The Public Works Department manages the wastewater treatment
facility that collects and treats all wastewater generated by its users. The
applicant is connecting their site to this system.
K. Transportation Goals and Policies
K-1-2. Develop a street system wherein arterial streets are of sufficient
width to accommodate traffic flows without interruption... .
FINDING: Hwy 99E in front of the site has an 80 foot right-of-way width, and its
existing improvements include 4 travel lanes with a 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, 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: There is currently a five (5) foot wide sidewalk along the front of 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.....
Where possible, driveway access along the following sections of
Highway 99E shall be consolidated:
ANNEX 00-01, ZC 00-01
Page 5
. Lincoln Street I Aztec Drive
FINDING: There is one access directly onto Highway 99E from the subject site,
and there is an additional access from the access easement along the south of
the site. ODOT has provided comments that this property will be required to
obtain permits for access and for connection to the sanitary sewer. The
applicant/property owner will need to comply with the requirements stated by
ODOT during these permit processes.
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, there are existing public services provided along the
subject site in the Hwy 99E right-of-way, and it has been indicated by the Public
Works Department that these services, mainly sanitary sewer, have adequate
capacity to service the property.
M. Growth and Urbanization Policies
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: Because the site has already been developed and can be readily
serviced with public facilities, the goals in this section of the Comprehensive
Plan are satisfied.
x. The land Use Plan
B. Commercial lands
"... .Commerciallands 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.
ANNEX 00-01, ZC 00-01
Page 6
.....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 subject site is currently developed with a car dealership. The
applicant has indicated that no alterations or additional improvements, aside
from a landscaped strip adjacent to the street, are proposed to the building or
site as a result of this proposal.
XI. Implementation of the Plan
F. Transportation Plan
FINDING: The annexation and zone change will have to comply with the
requirements established by ODOT through the access connection permitting
processes.
G. Capital Improvement Plans
FINDING: Capital improvements have been made along the section of 99E
fronting the subject property, including public service facilities and the
construction of a five (5) foot wide sidewalk. As mentioned, the property owner
is proposing to connect to the sanitary sewer system which has been made
available to the site through capital improvements.
C, Woodburn Transportation Systems Plan
FINDING: As mentioned, this site will have to comply with the standards
established and required by the Oregon Department of Transportation (ODOT)
when the property owner applies for the necessary access permit. The property
is along Hwy 99E which has been established as a major arterial in this plan
under the jurisdiction of ODOT.
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
ANNEX 00-01, ZC 00-01
Page 7
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 automobile sales site 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 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 Retail (CR) Zone to the City's Commercial Retail
(CR) District. The Zone Change is necessary in order for City zoning to be
established on the property once it is annexed from Marion County. Once the
property is annexed into the City, the City would have jurisdiction over future site
improvements through the Site Plan Review process. The zoning of Commercial
Retail on adjacent properties is being applied to the subject property, which is
compatible with its use as well as with the commercial designation on the
Comprehensive Plan Map.
ANNEX 00-01, ZC 00-01
Page 8
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: As mentioned, there is a commercial use that exists on the property.
This use is permitted as an Optional Business within the zoning district which is
proposed to be established on the property as part of this request.
v. CONCLUSION
Based on the information contained herein, this proposal meets all approval criteria
relating to an Annexation and a Zone Change.
ANNEX 00-01, ZC 00-01
Page 9
ATTACHMENT D
CONDITIONS OF APPROVAL
ANNEXATION 00-01
ZONE CHANGE 00-01
Community Development Department
General Conditions
1. Any conditions attached to the approval of the annexation and zone change
shall be met prior to final approval. A violation of the conditions shall be
considered a violation of the zoning ordinance.
2. 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.
ZONE CHANGE 00-01
3. The property shall be subject to the site plan review process prior to any new
development or improvements. Existing non-conforming improvements and
or utility requirements may be addressed at that time.
4. A triangle with 30 foot legs at the southwest corner of the site shall be kept
clear of obstructions which are taller than 30 inches, unless such
obstructions are no more than 12 inches in diameter and do not have any
sort of canopy less than 7 feet from grade surface.
Public Works Department
5. Blaine Street is currently a private roadway and not a public street. The city
will not accept maintenance responsibility until such time the public right of
way is dedicated and the street improvements meet current city standards.
6. Sanitary sewer service can be provided from the existing sanitary sewer main
within Pacific Highway 99E right-of-way. Prior to connection the appropriate
system development fees shall be paid.
7. The property is currently being served by an undersized 1" water line from
East Lincoln for domestic service. Any additional water service will require
the installation of proper sized mains. This will be the responsibility of the
owner not the city.
ANNEX 00-01, ZC 00-01
Page 10