Ord 2317 - Sub 02-01 (T7 Devlp)
COUNCIL BILL NO. 2389
ORDINANCE NO. 2317
AN ORDINANCE SUBDIVIDING A CERTAIN 2.83 ACRE PROPERTY INTO 13
SINGLE FAMILY RESIDENTIAL LOTS LOCATED NORTH OF COMSTOCK
AVENUE AND EAST OF BROWN STREET AND CHANGING THE ZONING
DESIGNATION OF SAID PROPERTY FROM MARION COUNTY "URBAN
TRANSITION FARM" (UTF) TO CITY OF WOODBURN "SINGLE FAMILY
RESIDENTIAL DISTRICT" (RS); AND DECLARING AN EMERGENCY.
WHEREAS, the applicant, T7 Development, Inc., submitted Zone Change Application
No. 02-01 for a zone change from Marion County "Urban Transition Farm" (UTF) to City of
W oodbum "Single Family Residential District" (RS) and Subdivision Application No. 02-01; and
WHEREAS, the Woodburn Zoning Map has established certain land uses within the City
of Wood bum's Urban Growth Boundary; and
WHEREAS, the W oodbum Planning Commission has previously conducted a public
hearing and considered the application filed herein; and
WHEREAS, the W oodbum City Council has conducted a public hearing and reviewed
the record in Zone Map Amendment Application No. 02-01 and Subdivision Application No. 02-
01; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. The subject property is owned by Rudy and Paulette Sonnen and is legally
described in 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 property described in Exhibit "A" is changed from
Marion County "Urban Transition Farm" (UTF) to City of Woodburn "Single Family Residential
District" (RS).
Section 3. That based upon the findings and conclusions contained in Exhibit "B"
attached hereto, Subdivision Application No. 02-01 is granted subject to the conditions of
approval contained in Exhibit "C", which is affixed hereto and incorporated herein, which the
Council finds reasonable.
Section 4. 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.
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ORDINANCE NO. 2317
Approved as to form:o/I, ~ ~ S - Z 'Z - ? a r:1 z....
City Attorney Date
APProVed:0~~
. ~d Jennings, Ma or '<<
Passed by the Council May 28, 2002
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
May 29, 2002
May 29, 2002
May 29, 2002
ATTEST: fY\~ I~
M.ry T~ant City Recorder
City of Woodburn, Oregon
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ORDINANCE NO. 2317
Exhibit II A"
LEGAL DESCRIPTION
Parcel 2 of Partition Plat 2001-112.
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ORDINANCE NO. 2317
Exhibit "B"
FINDINGS AND CONCLUSIONS
ZONE CHANGE 02-01
SUBDIVISION 02-01
I. APPLICATION INFORMATION:
Applicant:
T7 Development, Inc.
P.O. Box 573
Newberg, OR 97132
Property Owner:
Rudy & Paulette Sonnen
888 Brown Street
Woodburn, OR 97071
II. NATURE OF APPLICATION:
The applicant requests to subdivide a 2.83-acre parcel into 13 single-family
residential lots and change the zoning designation of the parcel's southern portion
from Marion County's Urban Transition Farm (UTF) to the City of Woodburn Single-
Family Residential (RS) District.
III. RELEVANT FACTS:
The subject site is located north of Comstock Avenue and east of Brown Street. It
can be further identified as Parcel 2 of Partition Plat No. 2001-112. The property
received partition approval from the City in November of 2001 (Land Use Case No.
PAR 01-06). It was divided from the property currently addressed at 888 Brown
Street.
The property has two zoning designations. It's southern portion was annexed into
the City by Ordinance No. 2289 (approved by the City Council on June 11,2001).
This portion of the property retained its Marion County zoning of Urban Transition
Farm (UTF), and the applicant requests that this portion be rezoned to the City's
Single-Family Residential (RS) District. This RS designation complies with the
Comprehensive Plan Map designation for the entire property which is Low Density
Residential. The remainder of this property and all adjacent properties are zoned
RS District. All adjacent uses consist of single-family homes.
The property is currently vacant. Elevation varies by approximately six (6) feet. The
applicant proposes to subdivide the subject property into 13 single-family residential
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lots that would range in size from 6,200 to 14,155 square feet. Proposed Lots 1-3
will be accessed by Brown Street to the west, and Lots 4-13 will be accessed by the
existing street stub to the south (currently named Robin Street). The stub will be
extended onto the property as a cul-de-sac to serve Lots 4-13.
IV. RELEVANT APPROVAL CRITERIA:
ZONE CHANGE 02-01
A. WOODBURN COMPREHENSIVE PLAN
B. WOODBURN ZONING ORDINANCE
Chapter 15. Zone Change Procedures
Chapter 16. Comprehensive Plan Amendment Procedure
SUBDIVISION 02-01
A. WOODBURN ZONING ORDINANCE
Chapter 8. General Standards
Chapter 9. Residential Standards
Chapter 10. Off-Street Parking, Loading and Driveway Standards
Chapter 22. RS - Single-Family Residential District
B. WOODBURN SUBDIVISION STANDARDS
C. WOODBURN ACCESS MANAGEMENT ORDINANCE
D. WOODBURN TRANSPORTATION SYSTEMS PLAN
V. FINDINGS:
ZONE CHANGE 02-01
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 Low
Density Residential on the Comprehensive Plan Map. The applicant proposes a
zone change on the southern portion of the site from Marion County's Urban
Transition Farm (UTF) to the City of Woodburn's Single-Family Residential (RS)
District. The RS District would be consistent with the Comprehensive Plan
designation of Low Density Residential.
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B. Woodburn Zonina 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 UTF Zone to the City's RS District. This zone designation is compatible
with the RS zoning on the properties to the north and south of the subject property
as well as with the Low Density Residential designation on the Comprehensive Plan
Map. A hearing has been held before the Council for the proposed Zone Change.
A condition of approval requires the Zone Change to receive final approval by the
Council prior to the proposed subdivision being recorded with Marion County. A
further discussion of the Zone Change criteria is included in the following section.
2. Chapter 16 Comprehensive Plan Amendment Procedure
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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;
FINDING: The applicant states that "The City has already identified this property to
be rezoned to meet the Comprehensive plan requirements...." To further the
applicant's statement, the Comprehensive Plan map designates this property for
residential development. The subdivision proposed by the applicant is the intended
use for the property, and the rezone from UTF to RS will be necessary for the
subdivision. In addition, this subdivision will serve as infill development, fulfilling the
need for additional residential development within the city limits. The applicant has
shown that there is a need for the proposed use of the subject property.
2. Show that the particular piece of property in question will best meet
that need.
FINDING: The applicant states that "This property is surrounded on 4 sides by
residential development and there is no other practical use for an island of level
ground within the area." As indicated in this statement, the subject property is
completely surrounded by single-family residential developments. For this reason,
the proposed subdivision is the most practical and efficient use that can be made
of the property. In addition, the proposed use will be compatible with the
surrounding neighborhood and will satisfy the intended use of this property. The
applicant has shown that the property in question will best meet the need for
additional residential development in the City.
SUBDIVISION 02-01
A. Woodburn Zonina Ordinance
1. Chapter 8. General Standards.
Section 8.010. Minimum Street Width. All street right-of-way shall be not
less than:
(c) Cul-de-sacs, 50 feet.
FINDING: Ten of the proposed subdivision lots will be served by a cul-de-sac
extending from the existing Robin Street stub to the south. There are three lots
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proposed on the west side of the property that will be served by Brown Street. The
proposed cul-de-sac is to be 50 feet in right-of-way width, satisfying the above
requirement.
2. Chapter 9. Residential Standards.
FINDING: Chapter 9 addresses standards for residential setbacks, accessory
structures and fences. At such time that building permit applications are made on
each lot, the applications will be reviewed against these standards for compliance.
There are currently no structures on the subject property.
3. Chapter 10. Off Street Parking, Loading and Driveway Standards.
Section 10.050. Off-Street Automobile Parking Requirements.
(a) Single-family dwellings:
(1) One and one-half spaces per dwelling.
FINDING: The applicant has indicated that the proposed lots will be constructed
with single-family homes. At the time of building permit submittal for said residential
dwellings, each lot will need to be provided the required one and one-half off-street
parking spaces.
Section 10.080. Driveway Standards.
I) Standards for driveways serving more than one dwelling unit:
(3) Minimum width of the driveway pavement shall be 24 feet.
FINDING: The subdivision is proposed with shared driveways for Lots 5 & 6, Lots
10 & 11, and Lots 12 & 13. Each driveway will serve two single-family dwellings.
A condition of approval states that these driveways shall be no less than 24 feet in
width prior to occupancy of any structures on said lots. The condition further states
that easements on each of these lots shall be recorded with the final subdivision
plat allowing for the shared driveways, and that the easements and their
descriptions shall be reviewed and approved by the Community Development
Director prior to recordation with Marion County.
4. Chapter 22. Single Family Residential District.
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Section 22.010. Use. Within the RS Single Family Residential District no
building, structure, or premises shall be used, arranged or designed to be
used except for one or more of the following uses:
(a) Single Family Dwelling
FINDING: The applicant has indicated that the proposed lots will be constructed
with single-family homes. The majority of the subject site is zoned Single-Family
Residential (RS) District, and single-family homes are permitted outright. As
mentioned, the southern portion of the property is zoned Marion County's Urban
Transition Farm (UTF). The applicant's proposed zone change of this portion of the
subject site to the City's RS District will allow for the entire site to be developed with
single-family homes as proposed.
Section 22.080. Lot Area and Width. In an RS District the minimum
requirements for lot area shall be 6,000 square feet for each dwelling and
every lot shall have a minimum width of sixty feet at the front building line.
No dwelling or main building other than a dwelling shall occupy more than
30 percent of the lot area, except where an accessory building is attached
to or made a part of the dwelling, or main building, in which case 35 percent
of the lot area may be occupied by such dwelling or main building....
FINDING: The smallest lot proposed is 6,200 square feet (Lot 7). Each lot is
configured so that the 60-foot lot width can be satisfied at the building lines of future
structures. The standards for maximum lot coverage will be reviewed at the time
of permit submittal for future structures on the proposed lots. Minimum lot sizes and
widths are satisfied in this proposal.
B. Woodburn Subdivision Standards
Chapter III.
Section 6.
REQUISITES FOR APPROVAL OF TENTATIVE SUBDIVISION OR
PARTITION PLANS. PLATS OR REPLATS
(1) The City shall not allow the duplication of a subdivision name unless
the contiguous property becomes that name. All subdivision plats will
maintain consecutive lot numbers.
FINDING: The proposed name for the subdivision is "Prospect Park". No other
subdivision in the City has this name, and this subdivision would not be
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contiguous with any of its adjacent subdivisions. This proposed name is
acceptable. The numbering of the proposed lots is consecutive.
(2) No tentative plan for a proposed subdivision and no tentative plan for
a proposed partition and replat shall be approved unless:
(a) The streets and roads are laid out so as to conform to the plans of
subdivisions and partitions already approved for adjoining property
as to width, general direction and in all other respects unless the
City or County determines it is in the public interest to modify the
street or road pattern.
FINDING: The existing Robin Street stub has a right-of-way width of 50 feet and
a paved surface of 34 feet. The applicant is proposing to match these with the
extension of the cul-de-sac. Sidewalk alignment is also proposed to match that
of the existing Robin Street stub. The proposed improved portion of the cul-de-
sac extension conforms with the plans for the adjoining subdivision with Robin
Street. The applicant is proposing to name the cul-de-sac "Nugget Court".
However, the name "Robin Street" has already been recorded with Marion County
for the existing street stub to which the proposed cul-de-sac will connect. The
name of the cul-de-sac and existing stub should be the same and have the street
suffix "Court". A condition of approval requires the name of the proposed cul-de-
sac to be Nugget Court. This will make it necessary to change the name of the
existing Robin Street stub to Nugget Court.
(6) The subdividing of land shall be such that each lot shall abut on a
public street.
FINDING: Each of the proposed lots will abut a public street. Lots 1-3 will have
frontage on Brown Street, and Lots 4-13 will have frontage on the future extension
of Robin Street.
Section 12.8. MINIMUM RIGHT-OF-WAY WIDTHS:
Riaht-of-Wav
Curb-to-Curb
4. Cul-de-sac
5. Cul-de-sac (Radius)
50 ft.
55 ft.
30 ft.
50 ft.
FINDING: The Robin Street cul-de-sac extension is proposed with a right-of-way
width of 50 feet and a curb-to-curb width of 34 feet. The end of the cul-de-sac is
proposed to have a right-of-way radius of 55 feet and a curb-to-curb distance that
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exceeds 50 feet. The minimum right-of-way and curb-to-curb distances are
satisfied by this proposal.
Section 12.E. CUL-DE-SAC STANDARDS:
Cul-de-sac streets shall not be permitted unless a loop or through street
developments would not be practical. If permitted cul-de-sacs shall be no
more than 250 feet deep from right-of-way intersection to end of right-of-
way.
FINDING: Due to the unusual configuration of the subject property and the fact
that all surrounding properties are developed, a loop or through street is not
feasible. The proposed cul-de-sac is the only practical means of developing the
property as it is intended to be developed. The proposed length of the cul-de-sac
from the centerline of Comstock Avenue is approximately 200 feet. Cul-de-sac
standards have been met.
Section 13.8. LOTS
All lots shall have a minimum size of the zoning district in which they are
located. In cul-de-sacs the minimum lot line fronting the turnaround shall be
40 feet, and in the case of a curved lot line where the radius of curvature is
100 feet or less, the minimum lot line fronting that curvature shall be 40 feet,
and in no cases shall the lot width be less than 60 feet at the buildinq line.
If topography, drainage, or other conditions justify, the Commission may
require a greater area on any or all lots within a subdivision. The minimum
size for various types of lots shall be as given in the following table:
Tvpe of Lot
Minimum Width
Interior Lot (fronting one street)
60 feet
Flag Lot
30 feet
FINDING: Ten of the lots would front on the Robin Street cul-de-sac extension.
Some of these lots are proposed as flag lots and are no less than the minimum
width of 30 feet. As mentioned in the above section, those lots that are not
considered flag lots must have a frontage width of 40 feet within the cul-de-sac
(radius curvature of the cul-de-sac is less than 100 feet). The remaining lots in the
cul-de-sac meet this minimum. Three of the proposed lots front on Brown Street.
Two of these are interior lots which exceed 60 feet in frontage width, and the other
lot is a flag lot with 30 feet of frontage width. As previously mentioned, each lot is
configured so that the minimum width of 60 feet at future building lines can be
satisfied. Minimum lot width standards have been met in this proposal.
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C. Woodburn Access Manaaement Ordinance
FINDING: This ordinance addresses developments along state highways and
roads. Neither Brown Street or Robin Street is a state road. The flag lots that front
on the proposed cul-de-sac have shared driveways, thereby limiting the number of
accesses within the cul-de-sac. This is a positive feature in this proposal due to the
number of lots within the cul-de-sac and their limited frontage distances. The
shared driveways reduce the number of future accesses in the cul-de-sac from 10
to 7.
D. Woodburn Transportation Systems Plan
FINDING: Both Brown Street and the existing Robin Street stub are local access
roads. Both streets meet right-of-way widths and improved surface standards for
residentialllocal access streets. As a result, this proposal complies with the goals
and policies in the Transportation Systems Plan.
VI. CONCLUSION:
Based on the information herein and the applicable review criteria, this proposal
satisfies all approval criteria relating to a subdivision and zone change.
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Exhibit "C"
CONDITIONS OF APPROVAL
SUBDIVISION 02-01
COMMUNITY DEVELOPMENT DEPARTMENT
1. The proposed development shall be in substantial conformance with this
approval and the attached preliminary plans provided as Exhibit uB" to the staff
report, dated March 7,2002, except as herein modified by these conditions of
approval.
2. The final subdivision plat shall be submitted to the Community Development
Department within the required time period after preliminary plat approval
(currently one year from the date of Planning Commission approval).
3. The applicant shall submit a copy of any proposed CC&R's to the Community
Development Director for approval prior to recordation.
4. The subdivision shall be platted according to standard surveying practice and
approved and recorded with Marion County.
5. Prior to building permit issuance the applicant shall submit one set of
reproducible as-builts.
6. The shared driveways for Lots 5 & 6, Lots 10 & 11, and Lots 12 & 13 shall be
constructed at a width of at least 24 feet prior to occupancy of dwelling units
on said lots. Shared access easements shall be recorded with the final
subdivision plat for these lots allowing for the shared driveways. The
easements and their descriptions shall be reviewed and approved by the
Community Development Director prior to their recordation with Marion
County.
7. Approval of the subdivision is contingent upon final approval of Zone Change
02-01. The final subdivision plat shall not be recorded until the Zone Change
has been approved by the City Council through ordinance.
8. The applicant shall pay the required parks systems development charges in
full at the time of final plat recordation, or on a per-lot basis as building permits
are issued.
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9. Prior to recordation with Marion County, two paper copies of subdivision plat
shall be submitted to the Community Development Department for review.
The applicant shall provide the Community Development Department with a
copy of the recorded subdivision plat.
10. Prior to any construction, a reproducible mylar of the final plat shall be filed
with the Public Works Department after all required signatures have been
obtained and the plat has been recorded with Marion County.
11. The property owner/applicant shall submit to the Community Development
Department a signed "Acceptance of Conditions" agreeing to all conditions of
approval prior to recordation of the final subdivision plat. The signed
document must be received by the Community Development Department
before the project approval becomes effective.
12. The street name of the proposed cul-de-sac shall be Nugget Court.
PUBLIC WORKS DEPARTMENT
General Conditions:
13. The final plan shall conform to the construction plan review procedures and
standards.
14. On-site existing water wells and subsurface sewage disposal systems shall be
abandoned in accordance with state regulations.
15. All city-maintained facilities located on private property will require a minimum
16-foot wide utility easement to be conveyed to the city. Utilities of unusual
depth or size or with a combination of utilities may require a larger width.
16. The applicant, not the city, is responsible for obtaining permits from any state
and/or federal agencies which may require approval or permit.
17. The applicant shall provide for the installation of all franchised utilities and shall
provide any required easements on the final plat. Street lighting shall also be
installed by the applicant as per PGE plan schedule "B".
18. The owner/applicant shall be required to enter into an improvement agreement
as outlined in the Woodburn Subdivision Standards Document, Chapter III,
Section 6 prior to acceptance of the final plat. Also, prior to construction of the
subdivision commencing, the city will require approved construction plans, a
performance bond and the construction permit fee to be paid.
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19. All work shall conform to the City of Woodburn Standards and all State
Building Codes and regulations.
20. Any off-site, third-party agreements or easements required for this
development shall be provided to city staff prior to acceptance of the approval.
Streets:
21. The minimum right of way requirements shall be 50 feet for the street
serving the cul-de-sac and a 55-foot radius for the cul-de-sac. There shall
be 1 O-foot wide public utility easements provided on each side. The
minimum improved street width shall be 30 curb-to-curb for the street and
45 for the cul-de-sac with sidewalks each side.
22. Brown Street has recently been improved. The applicant, upon completion
of installing required services to Lots 1 through 3, shall mill the existing
surface curb-to-curb at a minimum of depth of 1" and inlay with asphaltic
concrete. The extent of required milling will be determined by the city upon
review of the engineers construction plan.
Drainage:
23. The existing storm sewer main along the southerly and easterly line of Lot
13 can be used to provide service to the proposed cul-de-sac street.
24. This development shall not cause storm water runoff to be impounded on
adjacent properties. The existing parcel has a combination of an open and
underground drainage pattern/system. A grading and drainage plan shall be
submitted for review by city prior to final plat approval. This will ensure that
proper easements or maintenance agreements are conveyed on the plat.
The city will not maintained any drainage facilities on private property.
Sanitary Sewer:
25. Lots 1 through 3 can be served by the existing sanitary sewer main within
Brown Street. Separate service to each lot will need to be installed by the
applicant.
26. Lots 4 through 13 can be served by the existing sanitary sewer main at the
end of the existing Robin Street stub. This is, however, a shallow line and
may require the site to be raise to provide gravity service to each lot. Pump
stations will not be allowed. The engineer of record shall provide verification
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that the lots created can be served by the gravity sanitary sewer service
prior to final plat approval.
Water:
27. Domestic and fire protection can be provided by the existing 8" diameter
water line within the public right-of-way to serve cul-de-sac lots. A fire
hydrant shall be installed near the shared driveway to Lot 13. The domestic
service to the remaining lots on the cul-de-sac shall be served by the
installation of a 4" line to the north end of the cul-de-sac, ending with a blow
off assembly.
28. Domestic service for the Lots 1 through 3 can be provided by the existing 8"
diameter water on the west side of Brown Street. Meter installation fees
shall be paid by the applicant.
29. Fire protection requirements, access, fire hydrant locations and fire
protection issues shall be as per the Woodburn Fire District's conditions of
approval.
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