Loading...
Ord 2302 - Wal Mart Zone Chge COUNCIL BILL NO. 2353 ORDINANCE NO. 2302 AN ORDINANCE CHANGING THE ZONING DESIGNATION ON CERTAIN PROPERTY LOCATED AT 3002 STACY ALLISON WAY (.9 ACRE STRIP OF LAND LOCATED ON THE SOUTHERN PORTION OF TAX LOT #1200) FROM MARION COUNTY "URBAN TRANSITION FARM" (UTF) TO CITY OF WOODBURN "COMMERCIAL GENERAL DISTRICT" (CG) ; WHEREAS, the Woodburn Zoning Map has established certain land uses within the City of Woodburn's Urban Growth Boundary; and WHEREAS, the Woodburn Planning Commission has previously conducted a public hearing and considered the application filed herein; and WHEREAS, the Woodburn City Council has conducted a public hearing and reviewed the record in Zone Map Amendment Case 01-04; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The subject property is owned by Wal-Mart Real Estate Business Trust and is legally described in the "parcel boundary" attached as part of Exhibit "A," which is by this reference incorporated herein. Section 2. That based upon the findings and conclusions contained in Exhibit "B" attached hereto, the zone designation on the subject property is changed from Marion County "Urban Transition Farm" (UTF) to City of Woodburn "Commercial General District" (CG). Section 3. 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 Mayor. Approved as to forrn:Cf7, f"Yvr ~ to - Ie - Z ()" , City Attorney Date APProved:~O~ ~ Rich d Jennings, or y Passed by the Council October 22, 2001 Submitted to the Mayor October 23, 2001 Page 1 - COUNCIL BILL NO. 2353 ORDINANCE NO. 2302 Approved by the Mayor October 23, 2001 Filed in the Office of the Recorder October 23, 2001 ATTEST /J1~ ~* 'M~~ant, Recorder City of Woodburn, Oregon Page 2 - Council Bill No. 2353 Ordinance No. 2302 . JUL-1D-Ol 14:48 .;pf~' JTr~.'!: r..~. WaJ.Maft,.,. I..Goa ;~:.::~ FROM- Exhibit II A" Pq.t .. BciAc faca(ed Ire Soc::lioa IZ. TOWQdUp S Soafb. bftcc % W~ aClttc WiIIaaKac Maidid, MariOA CoMly. 0Rc0n. __ ~ It.",*" aa. a-= Soadl ~-<<'~ 11Ao orW$ Ih~ StIa:t ~ bc:m Nonh a. ~' 10" VlfSl.121.t7 rea fnm\ Cbc Nonh-..cstcomc::rofLolI. 8Iod: 69. WOODBURNSBNIOrt esrA'mS NO.7, ~ RC:Uded III Volutuc 22, Pap 41, Soak (JrTOWA P1m CO(" t-brWn Colwr, ~ 1l1CGCe Sctdh 0 I- C17' :50" W.2&.09 fact: 1'henee Noc1h ar SZ' to" Waf. 1.~9.4 ( fo::t t<J ~ polA( 011 the W~ riglu-of- 1Iia)' Iiftc eCStacy A1IboA WI)'; 1'IIeGcc Nonh 35"' SS" IT ~ ~ _ Jiac: 34.05 fed 10 a poW; Thcace Soucb 18- ~. 10" East 1,329.'76 f<d to Gte po&K dbcdaninc. bdug the ~ poiQt O(1he dc:tcripcioa aC1ll.e W ~T Uac:t as described fa Wananry Da:d l1:lCQfdcrt CICl Ra:11684. hgc 7S3. Dca! Ra:ords olMarion CDcmtr. Otqon. ~ 0.9 aQ'C$ orland Revised May 2.2001 ~ ~UL-IU'"ll1 14:411 I ..- . . . '0 r-r:> . . .-.... ~ '--' ~~,~ I'~ J ilf;U L:i -- ~~, ( 1~1Jf' 1<<J9M~. co as. T-463 F-456 , EXBmrr A JIqo2 11 c o C) .- <!. g co '1 \ o c " :--"-... . . , , . . . , . , . . c . t . . . . . . ~: ~L ' ~ _ "Yk 'o.C:> ~.. ~ . ~ ~ Q,~ 1"0"', ~~C). ,0 VA. .%~~ . c::::> . . , , o , , , , . , , . , , " -...... ..... '~\. , , , I . , . . , I . . . . . . .. ,. : -........ . C . . , , . . . . , , .. . ~ " " . , 0, .." <c-.. ~ ~. "0 ~. , , , . .. , -, . . "...... '. o o - - 0.. " , '. " . .. " -. ~ 'OM . . DO. . G .. . .. . G ...... ~ - ~ ... ;0: ':.'" .~~~~~, ..: .V.'::.,. .- 0.- .. ." '!. .. ...0 .. . r ..... o. .. .:!~..: t" . :.:-; ,..-;,...,..!..." , ~.' -.l(j'~1J;.' of '. ;#' FIGURE 1 .- ~ .... .... .' EXHIBIT B Page 1 FINDINGS OF FACT AND CONCLUSIONS I. APPLICATION INFORMATION: Applicant & Property Owner: Wal-Mart Real Estate Business Trust, 2001 SE Tenth Street, Bentonville, AR 72712-8703 II. NATURE OF APPLICATION: The applicant requested a zone change for the subject site from Marion County "UTF" (Urban Transition Farm) to City of Woodburn "CG" (Commercial General District) on a .9 acre strip of land on the southern portion of Tax Lot #1200 located at 3002 Stacy Allison Way. III. RELEVANT FACTS: The subject site is located at 3002 Stacy Allison Way. It can be identified specifically on Marion County Tax Assessor's Map as T5S, R2W, Section 12C, Tax Lot 1200. The subject property is zoned Marion County "UTF" (Urban Transition Farm) and designated Commercial on the Woodburn Comprehensive Plan Map. The properties to the north (Across Stacy Allison Road) and south are designated Commercial on the Woodburn Comprehensive Plan Map and zoned "CG" (Commercial General District). A Wal-Mart Store is located to the north of the subject property. The property to the south of the subject site is currently vacant. West Hayes Street lies to the east and Interstate 5 to the west of the subject strip of land. The annexation of the subject site (.9 acre strip of land located on the southern portion of Tax Lot #1200) into the City of Woodburn was approved by the City Council on June 11, 2001 (ref. Ordinance No. 2289 approving Annexation 01-03). The applicant is not proposing to develop the property as part of this Zone Change request. IV. RELEVANT APPROVAL CRITERIA: A. Woodburn Comprehensive Plan B. Woodburn Zoning Ordinance 1. Chapter 7. Public Hearings 2. Chapter 15. Zone Change Procedures 3. Chapter 16. Comprehensive Plan Amendment Procedure 4. Chapter 30. CG - Commercial General District EXHIBIT B Page 2 C. Woodburn Access Management Ordinance D. Woodburn Transportation Systems Plan v . ANALYSIS: 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. The subject site is currently vacant. This approval criteria was met. B. Woodburn Zoning Ordinance: 1. Chapter 7 Public Hearings FINDING: Property owners within the notification area were noticed 20 days prior to the public hearing. This approval criteria was met. 2. 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 EXHIBIT B Page 3 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 was requested as part of this proposal from Marion County's UTF Zone to the City's CG District. This zone designation is compatible with the CG zoning on the properties to the north and south of the subject property as well as with the Commercial designation on the Comprehensive Plan Map. A further discussion of the zone change criteria is included in the following section. 3. Chapter 16 Comprehensive Plan Amendment Procedure Section 16.080 Burden of Proof. The following specific questions shall be given consideration in evaluating requests regarding ... 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; FINDING: The subject property (.9 acre strip of land located on the southern portion of Tax Lot #1200) was an island of unincorporated land that was recently annexed into the city. A City of Woodburn zone designation was not established on the subject site when the property was annexed into the city. Thus, the site is located within the city limits but still retains the Marion County zoning designation of "Urban Transition Farm." The applicant requested that the proper City of Woodburn zoning designation be assigned to the subject property to best correspond to the Woodburn Comprehensive Plan and Zone Maps. The three zone designations that correspond to a commercial designation in the Comprehensive Plan are "CO" (Commercial Office), "CR" (Commercial Retail) and "CG" (Commercial General). The proposed zoning designation for the subject site should correspond to the commercial zoning on the adjacent properties. The properties to the north and EXHIBIT B Page 4 south of the subject site are zoned "Commercial General" (CG). A CG zoning on the subject site corresponds to the Commercial designation on the Woodburn Comprehensive Plan Map and the CG zoned properties to the north and south. The applicant's zone change request meets this approval criteria. 2. Show that the particular piece of property in question will best meet that need. FINDING: A CG zoning on this particular piece of property best corresponds to the same CG zoning on the properties located to the north and south. The subject property was recently annexed into the City of Woodburn. A zone change from the Marion County zoning of UTF to City of Woodburn CG zoning corresponds to the subject property being in the jurisdiction of the City of Woodburn Comprehensive Plan and Zoning Code. The applicant's zone change request meets this approval criteria. C. Woodburn Access Management Ordinance FINDING: The subject property is accessed via Stacy Allison Way. The applicant is not proposing a new access as part of this zone change request. The applicant's zone change request complies with this approval criteria. D. Woodburn Transportation System Plan FINDING: The applicant is not requesting the development of the subject property at this time. The applicant requested that the proper zoning designation be assigned to the property that is compatible with the adjacent zoning and the existing Woodburn Comprehensive Plan designation. The applicant's zone change request complies with this approval criteria. VI CONCLUSION: The proposal satisfies all approval criteria relating to a zone change.