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Ord 2329 - 373 Gatch 01-03 COUNCIL BILL NO. 2431 ORDINANCE NO. 2329 AN ORDINANCE DENYING COMPREHENSIVE PLAN MAP AMENDMENT APPLICATION CASE NO. 01-03 AND ZONE CHANGE APPLICATION CASE NO. 01- 07 AFFECTING PROPERTY LOCATED AT 373 GATCH STREET; AND DECLARING AN EMERGENCY. WHEREAS, the applicant, Tim Doman, submitted Comprehensive Plan Map Amendment Application Case No. 01-03 to amend the Woodburn Comprehensive Plan Map designation on property located at 373 Gatch Street from Low Density Residential (less than 12 units per acre) to High Density Residential (greater than 12 units per acre) and Zone Change Application Case No. 01-07 to change the Zone Map designation from Single-Family Residential (RS) District to Multi-Family Residential (RM) District; and WHEREAS, the Woodburn Comprehensive Plan Map and Woodburn Zoning Map have 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 applications filed herein; and WHEREAS, the Woodburn City Council has conducted a public hearing and reviewed the record in Comprehensive Plan Map Amendment Application Case No. 01- 03 and Zone Change Application Case No. 01-07; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That based upon the findings and conclusions contained in Exhibit "A" which is affixed hereto and by this reference incorporated herein, Comprehensive Plan Map Amendment Application Case No. 01-03 and Zone Change Application Case No. 01-07 are denied. Section 2. 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 form:Cf1,0Q- ~ City Attorney I- 2 t..( ~ 'ZooS Date Page 1 - COUNCIL BILL NO. 2431 ORDINANCE NO. 2329 l , I 'Ir lIT 11 Approved: . Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: (!{ ~ Mary~nant City Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. 2431 ORDINANCE NO. 2329 "' " I "W January 27. 2003 January 28. 2003 January 29. 2003 January 29. 2003 lIT .. EXHIBIT "A" FINDINGS AND CONCLUSIONS COMPREHENSIVE PLAN MAP AMENDMENT APPLICATION CASE NO. 01-03 ZONE CHANGE APPLICATION CASE NO. 01-07 I. APPLICATION INFORMATION: Applicant: Tim Doman 2 Progress Way Woodburn, OR 97071 Property Owner: Earl & Donna Doman 2 Progress Way Woodburn, OR 97071 II. NATURE OF APPLICATION: The applicant requests to change the Comprehensive Plan Map designation on a residential property from Low Density Residential (less than 12 units per acre) to High Density Residential (greater than 12 units per acre) and change the Zone Map designation from Single-Family Residential (RS) District to Multi-Family Residential (RM) District. No site plan review application has been made for development on the property. The applicant submitted a conceptual site plan showing proposed multi-family apartment units on the subject property. III. RELEVANT FACTS: The subject site is located north of Young Street on the west side of Gatch Street. It is addressed at 373 Gatch Street, further identified on Marion County Assessor Maps as Township 5 South, Range 1 West, Section 18AA, Tax Lot 6300. The property is currently zoned RS (Single-Family Residential) District with a Comprehensive Plan Map designation of Low Density Residential. The property is one acre in size and is virtually flat. There is currently a single-family home on the site with a detached garage and mature trees. Although the applicant provided a conceptual site plan for an apartment complex on the property, a formal site plan review application was not submitted as part of the Comprehensive Plan Map Amendment and Zone Change applications. The applicant intends to develop the property in the future with a multi-family complex that would connect to the existing Heritage Arms apartment complex at 669 Young Street. The owner of the subject property also owns this adjacent apartment complex. T '!' lIT . The adjacent properties to the north and west are zoned RS District and are designated on the Comprehensive Plan Map as Low Density Residential. The property to the north currently has a 3-plex multi-family building, and the property to the west is undeveloped. The adjacent properties to the east (across Gatch Street) are zoned RM (Multi-Family Residential) District and RS District, and they are designated on the Comprehensive Plan Map as High Density Residential and Low Density Residential; these properties consist of single-family homes, duplexes, and 3-plexes. The adjacent properties to the south are zoned RS and RM District and are designated on the Comprehensive Plan Map as High Density Residential; these properties consist of single-family homes, a vacant lot, and an apartment complex (Heritage Arms). IV. RELEVANT APPROVAL CRITERIA: Comprehensive Plan Map Amendment 01-03 A. Statewide PI,anning Goals and Guidelines B. Woodburn Comprehensive Plan 1. Residential Land Development Policies 2. Housing Goals and Policies 3. Public Service Goals and Policies 4. Growth and Urbanization Policies C. Woodburn Zoning Ordinance (WZO) 1. Chapter 16. Comprehensive Plan Amendment Procedure Zone Chanqe 01-07 A. Woodburn Zoning Ordinance 1. Chapter 15. Zone Change Procedure 2. Chapter 16. Comprehensive Plan Amendment Procedure B. Woodburn Access Management Ordinance C. Woodburn Transportation System Plan V. FINDINGS: COMPREHENSIVE PLAN MAP AMENDMENT 01-03 A. Statewide Planning Goals Goal 1 - Citizen Involvement FINDING: Goal 1 calls for "...the opportunity for citizens to be involved in all phases of the planning process..." The citizen involvement procedures and policies for Woodburn are established in the Woodburn Comprehensive Plan and Zoning Ordinance. This goal was met through the appropriate notice and public hearing procedures. CPA 01-03, ZC 01-07 Findings 2 --.----.--.. "1 ,. t 'II" lIT . Goal 2 - Land Use Planning FINDING: Goal 2 outlines the basic procedures of Oregon's statewide planning program. It says that land use decisions are to be made in accordance with a comprehensive plan, and that suitable "implementation ordinances" to put the plan's policies into effect must be adopted. The Woodburn Comprehensive Plan is acknowledged as complying with Statewide Planning Goals. This application is being processed under the provisions set forth in the City's Comprehensive Plan. This goal has been met. Goal 3 - Agricultural Lands FINDING: Goal 3 defines "agricultural lands." It then requires counties to inventory such lands and to "preserve and maintain" them through farm zoning. The subject property is currently within the city limits and urban growth boundary. Therefore, this goal is not applicable. Goal 4 - Forest Lands FINDING: This goal defines forest lands and requires counties to inventory them and adopt policies and ordinances that will "conserve forest lands for forest users." The subject property is currently within the city limits and urban growth boundary. Therefore, this goal is not applicable. Goal 5 - Open Spaces, Scenic and Historic Resources, and Natural Resources FINDING: Goal 5 covers more than a dozen natural and cultural resources such as wildlife habitats and wetlands. The proposed Comprehensive Plan Map Amendment to allow more intensive uses on the property does not affect any open space, scenic, historic, or natural resource. Wetlands are not identified on the subject property in the Local Wetlands Inventory. In addition, the site is outside of the 500-year floodplain. The applicant has shown compliance with this goal. Goal 6 - Air, Water and Land Resources Quality FINDING: This goal requires local comprehensive plans and implementing measures to be consistent with state and federal regulations on matters such as groundwater pollution. The site has no significant natural vegetation. Public water, sewer, and storm drainage are already available to the property, and the City's systems are designed to comply with the Department of Environmental Quality standards for environmental quality. CPA 01-03, ZC 01-07 Findings 3 1 'I' t n III I There is the potential of an increase in auto trips to and from the property if it is developed with uses permitted in the RM District. This could increase the level of air pollutants in the area. However, this type of air pollution is a result of land that has been designated for residential development in the City's Comprehensive Plan. The applicant has shown compliance with this goal. Goal 7 - Areas Subject to Natural Disasters and Hazards FINDING: Goal 7 deals with development in places subject to natural hazards such as floods or landslides. There are no known hazards associated with the subject site. The site is relatively flat and is located outside of the 500-year floodplain. The applicant has shown compliance with this goal. Goal 8 - Recreational Needs FINDING: This goal calls for each community to evaluate its areas and facilities for recreation and develop plans to deal with the projected demand for them. The subject site is designated for residential development. The City's existing codes and ordinances ensure that recreational needs could be met if the property were developed for high density residential uses. The applicant has shown compliance with this goal. Goal 9 - Economic Development FINDING: Goal 9 calls for the diversification and improvement of the economy. The proposed change from the Comprehensive Plan Map designation of Low Density Residential to High Density Residential would allow higher density residential development on the subject property, which would generate construction jobs and could increase property tax revenue. The applicant has shown compliance with this goal. Goal 1 0 - Housing FINDING: This goal specifies that each city must plan for and accommodate needed housing types. It requires each city to inventory its buildable residential lands, project future needs for such lands, and plan and zone enough buildable land to provide an opportunity to meet these needs. The City proposed an inventory and housing needs projection when it adopted the acknowledged Comprehensive Plan. The Plan remains in compliance with Goal 10 until conclusion of periodic review work tasks related to Goal 10. While undertaking its periodic review Woodburn has caused several studies to be done. One of those studies is the Woodburn Buildable Lands and Urbanization Project, February 7, 2000. Another is the Final Economic Opportunity Analysis CPA 01-03, ZC 01-07 Findings 4 ........_._,._..,~-,,-''"'...._..........- .. . t ... "l'I' _ and Economic Development Strategy Report, June 27, 2001. The City Council has adopted neither of these reports. The applicant relied on data from these reports to claim that there is a projected need for additional multiple family housing in Woodburn. The City is continuing its periodic review analysis, including a housing needs analysis being prepared by Winterbrook Planning. The final buildable lands inventory and housing needs project rely on data that have not been reconciled and completed. The numbers in the reports mayor may not be indicative of Woodburn's future needs. The data, projections and policy choices will be resolved through the periodic review planning process. The 2000 Woodburn Buildable Lands and Urbanization Project Final Report shows a surplus of existing high density residential land in the City that could be used to provide a wide variety of housing types without redesignating the subject property. However, information generated through recent and on-going studies pertaining to the City's Periodic Review Work Program, including the Economic Opportunities Analysis and updated population projections prepared by ECOnorthwest and the updated buildable lands inventory and housing needs analysis currently being prepared by Winterbrook Planning, indicates that the City will most likely have a significant deficit of both low and high density residential land over the next 20 years. During the next year, City staff proposes to bring before the City Council alternatives for accommodating this additional need for low and high density housing. These alternatives will likely include a combination of increased land use efficiency within the city and an expansion of the Urban Growth Boundary (UGB). It is premature at this time to determine how this proposed land use change will coincide with those alternatives. The City cannot at this point determine whether it would be appropriate to eliminate low density residential on the subject site to increase the inventory of high density residential land since there will be a need for additional low density residential land also. The applicant has not shown compliance with this goal. Goal 11 - Public Facilities and Services FINDING: Goal 11 calls for efficient planning of public services such as sewers, water, law enforcement, and fire protection. The subject site is an infill property, and all necessary public services and facilities are available to serve the subject site and future uses allowed under the High Density Residential designation. Future development on the property would be required to conform to the City's public facility and services requirements. The applicant has shown compliance with this goal. CPA 01-03, ZC 01-07 Findings 5 ~.._-,. . - ~ ,. t 11 T~ lIT 1Ir Goal 12 - Transportation FINDING: This goal aims to provide "a safe, convenient and economic transportation system." The subject site has access to Gatch Street and is near its intersection with Young Street. Gatch Street is classified as a service collector, and Young Street as a minor arterial. These are existing improved roadways. The applicant has submitted a traffic impact analysis prepared by Associated Transportation Engineering & Planning, Inc., dated September 19, 2002. The traffic impact analysis indicates that the proposed change in land use designation on the subject property from single family to multiple family residential will result in a slight increase in delays drivers will experience at the studied intersections if the proposed 20 apartments are constructed instead of four additional single family homes. This traffic impact analysis was reviewed by the Woodburn Public Works Program Manager. In a memo dated December 10, 2002 he concluded that the analysis is an accurate analysis of the project's potential traffic impacts and the difference in impacts from the two potential uses is minimal with no impact on the 20-year projected level of service. Based on this information, the applicant has provided substantial evidence that a change in the Comprehensive Plan Map designation from Low Density Residential to High Density Residential would not adversely affect planned facilities of the Transportation System Plan (TSP). The applicant has shown compliance with this goal. Goal 13 - Energy Conservation. FINDING: Goal 13 declares that "land uses developed on the land shall be managed and controlled so as to maximize the conservation of all forms of energy, based upon sound economic principles." Current state building codes for energy efficiency would ensure that future structures on the property would maximize the conservation of all forms of energy. Goal 14 - Urbanization FINDING: This goal requires cities to estimate future growth and needs for land and then plan and zone enough land to meet those needs. It calls for each city to establish an "urban growth boundary" (UGB) to "identify and separate urbanized land from rural land." The subject site is located within the Woodburn UGB. In the applicant's hearing statement the applicant argues that Goal 14 does not apply. This decision concerns a potential increase of density on land within the UGB and consequently Goal 14 does not apply. Goals 15 -19 CPA 01-03, ZC 01-07 Findings 6 , , t lr ITT 'II FINDING: Goals 15 through 19 address the Willamette Greenway, estuarine resources, coastal shorelands, beaches, dunes and ocean resources. These goals are not applicable to the City of Woodburn. B. Woodburn Comprehensive Plan 1. Residential Land Development Policies A-1 Res,idential areas should be designed around a neighborhood concept. Neighborhoods should be an identifiable unit bounded by arterial non-residential uses, or natural features of the terrain. The neighborhood should have a community facility, such as a school, park, or privately owned community facility to allow for interaction within the neighborhood. FINDING: The change from a Low Density Residential designation to a High Density Residential designation would allow uses on the subject site that would not create a neighborhood but would become part of an existing neighborhood. The nearest school to the subject property is Washington Elementary, and the nearest park is Wyffel Park, both of which are near the Lincoln Street/Gatch Street intersection. The applicant has shown compliance with this policy. A-2 Living Environment - Developments in residential area be constructed in such a way that they will not seriously deteriorate over time. Zoning ordinances should be strictly enforced to prevent encroachment of degrading non-residential uses. Construction standards in the State Building Code shall be vigorously enforced, and if necessary, additional standards the City determines should be imposed to insure non-degrading housing units, should be encouraged by the City. FINDING: High density residential uses on the subject property would be required to be developed in conformance with the City of Woodburn Zoning Ordinance. The uses that would be allowed on the property through the Comprehensive Plan Map Amendment from a Low Density Residential designation to a High Density Residential designation would also be required to comply with other applicable City standards and the State of Oregon building codes. This policy is not a criterion for quasi-judicial land use decisions. A-3 Development should promote, through the use of moderate density standards and creative design, a feeling of openness and spaciousness with sufficient landscaped area and open space to create a pleasant living environment. CPA 01-03, ZC 01-07 Findings 7 , ,. lIT .. FINDING: The uses allowed under the proposed High Density Residential designation are required by zoning regulations to be provided with landscaping and open space to mitigate the impacts of increased density. Future development on the property would be required to comply with these regulations.. A-4 Streets in residential areas should be used by residents for access to collectors and arterials. Residential streets should be designed to minimize their use for through traffic, however, whenever possible dead-end streets and cul-de-sacs should be avoided. FINDING: The street pattern is already established in this neighborhood. Gatch Street is designated as a service collector in the Woodburn Transportation System Plan. Gatch Street connects to Young Street to the south, which is a minor arterial. Young Street provides direct access to Hwy 99E, a major arterial. Existing street access to the subject property is adequate for the proposed high density residential designation. This policy has been met by the applicant. A-5 Residential developments should strive for creative design which will maximize the inherent values of the land being developed and encourage slow moving traffic. Each residential development should provide for landscaping and tree planting to enhance the livability and aesthetics of the neighborhoods. FINDING: No new streets are proposed as part of this project. Gatch Street has been fully improved and provides adequate right-of-way access to the site. Future development of the site with high density residential uses would be subject to design and landscaping requirements to enhance the aesthetics and livability of the neighborhood. A-6 to A-9 FINDING: Residential Policies A-6 to A-9 address non-residential uses in residential areas. They are therefore not applicable to the applicant's Comprehensive Plan Map Amendment request since non-residential uses are not proposed as part of this request. A-10 High density residential areas should be located so as to minimize the possible deleterious effects on adjacent low density residential developments. When high density and low density areas abut, density should decrease in those areas immediately adjacent to low density residential land. Whenever possible, buffering should be practiced by such means as landscaping, sight-obscuring fences and hedges, and increased setbacks. CPA 01-03, ZC 01-07 Findings 8 T , I lr lIT .. FINDING: The adjacent properties to the north and west are designated on the Comprehensive Plan Map as Low Density Residential. Low density residential parcels almost completely surround the subject property. High density residential parcels are intermixed with the low density residential parcels to the south. The low density residential parcel directly to the north has a 3-plex on it (Tax Lot 6200), although it has the appearance of a single-family home. The low density residential parcel to the northwest of the subject property (Tax Lot 3300) is currently vacant. The parcel directly to the east (across Gatch Street) has a single-family home on it. Three low density residential designated parcels (Tax Lots 3600, 3900 & 4000) are located adjacent to the south property line of the subject site. Tax Lots 3600 and 4000 have single-family homes on them, and Tax Lot 3900 is currently vacant. The applicant first notes that the first sentence concerns possible deleterious effects on adjacent low density residential developments. The applicant argues that for this policy to apply to an adjacent property, the property must be developed. The City Council does not construe this policy that narrowly. The policy concerns potential deleterious effects on present and future developments on adjacent low density residential land. The applicant, correctly, notes that the meaning of the term "deleterious effect" was not identified. Synonyms for the term "deleterious" include, harmful, detrimental, bad, and destructive. The policy inherently assumes that high residential uses may have deleterious effects on low density uses. This policy does not require that there be no such effects. Rather, it requires those effects to be minimized when high density residential areas are located adjacent to low density areas. The applicant has the burden to prove that the deleterious effects of the plan amendment are minimized because this comprehensive plan policy concerns extending the location of high density residential land adjacent to an area designated low density residential land. The fact that the terms to be addressed may be imprecise or undefined does not alter that responsibility. The applicant has not provided any evidence on minimization of effects as required by this policy. Consequently this policy is not satisfied. No plan policy prohibits the designation of high density land adjacent to low density land and because there is no intermediate designation, high density lands commonly are adjacent to low density lands. This plan policy concerns the site design of high density development which is adjacent to low density land, and provides the basis for zoning regulations to protect against such deleterious effects. The second sentence in the policy, requiring decrease in density immediately adjacent to low density land, would apply when a site design were applied for, if the plan amendment were approved. The third sentence concerning buffering requirements is authority for the City to adopt zoning CPA 01-03, ZC 01-07 Findings 9 l 'I' 1 n liT . standards addressing buffering when development is proposed. It does not contain a standard applicable to the comprehensive plan amendment. The new Woodburn Development Ordinance (WDO) was adopted by the City Council on April 9, 2002. The WDO requires a wall between high density and low density residential uses to minimize adverse impacts between the potential and existing uses. The WDO has additional development guidelines and standards for buffering, landscaping and setbacks that would minimize the deleterious effects between the proposed high density residential development and adjacent low density residential developments. 2. 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: See findings under Goal 10. The City has provided sufficient land within its UGB with designation to meet the City's projected housing needs for a twenty-year planning period. It is insuring sufficient land will continue to be available by periodically reviewing its projected needs. 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: See findings under Goal 10. Changing the Comprehensive Plan designation and zoning on this one parcel from low to high density residential does not necessarily affect the variety of housing types within the City. Its affect is rather on the mix or ratio of single family to multiple family housing units. This policy does not apply to the proposed amendments. 3. Public Services Goals and Policies: H-1 Public Facilities and services shall be appropriate to support sufficient amounts of land to maintain an adequate housing market in areas undergoing development or redevelopment. FINDING: The subject site has access to all public facilities and services, which are currently available within the Gatch Street right-of-way. These facilities currently have sufficient capacity to serve potential uses under the proposed High Density Residential designation. The proposal complies with this policy. CPA 01-03, ZC 01-07 Findings 10 " ,,'" . ~----"'._"-"'-~Il-'-"'-'- '1 ' lIT if 4. Growth and Urbanization Policies (IX-M): FINDING: At the time of future development on the subject property, the developer would be required to pay systems development charges for impacts on the infrastructure. The subject property is within the City limits and is available for infill development. Public services are available to the site for high density residential uses. This policy can be met. C. Woodburn Zoning Ordinance 1. Chapter 16 Comprehensive Plan Amendment Procedure Section 16.050. Plan Amendment Criteria. Before a Plan Amendment can be made, the Common Council must find that the proposal meets the following criteria: (a) The proposal complies with all applicable Statewide Goals and Guidelines. FINDING: Statewide Planning Goals and Guidelines 1 through 2 and 5 through 14 apply to this proposed Comprehensive Plan Map Amendment from Low Density Residential to High Density Residential. As previously discussed, the applicant has not demonstrated that Statewide Planning Goal 10 is satisfied. The applicant has not met this criterion. (b) The proposal complies with the remaining Goals and Policies of the Comprehensive Plan FINDING: As previously discussed, the proposed Plan Amendment does not comply with Woodburn Comprehensive Plan policies G-1-1 and G-1-2. (c) There is a clearly demonstrated public need for the proposed amendment. FINDING: The applicant argues that the amendment is necessary because there is a need for high density housing in Woodburn. The applicant does not specifically address the above criterion which concerns the supply of land designated for high density residential use, not the supply of high density residential housing. However, the City is required to plan for the 20-year population forecast that has officially been allocated to it and to provide land sufficient to meet its long-range housing needs. Even if the applicant is correct that additional lands will be needed in the City's 20-year future urban growth boundary, that does not prove that there currently is insufficient land to provide opportunity to meet current housing needs. CPA 01-03, ZC 01-07 Findings 11 -.--,.-.-- ,,-----.- , " Y' TIT _ The applicant has stated that the applicant desires to expand its existing apartment complex. To prove a need to add this lot to the high density residential land inventory the applicant has established its own private criteria for determining what type of property would satisfy that need. The applicant's criteria include its need for a parcel of one acre in size to allow the applicant to develop a 20-unit apartment complex. The need that the applicant for a plan amendment must demonstrate is a public need, not an individual private need. The applicant's criteria are inconsistent with criterion (c) that requires the demonstration of a general public need and not a demonstration of a specific need of an individual applicant. The applicant did not provide a complete inventory of developable land already designated for high density residential uses and has not demonstrated why these sites could not be utilized to satisfy a demand for high density residential housing, but rather, has chosen to inventory sites only meeting the applicant's own specific criteria. There is currently significant acreage of high density residentially zoned land in the city. For example, there are over 18 acres of vacant and available RM (Medium Density Residential) zoned land at the southwesterly terminus of Evergreen Road. In fact, an apartment complex was recently developed adjacent to this available land. This area would be the most logical location for the applicant to develop its proposed apartment complex. The applicant has not shown compliance with this criterion. (d) The proposal best satisfies the public need. FINDING: The applicant states, "A recent trend of manufactured homes being abandoned because of unreasonable contracts and value, will certainly effect the housing projections used in Woodburn City's Comprehensive Plan (CP). A shift away from manufactured homes will impact demand for apartments." The applicant has not provided any evidence that there is a trend of manufactured homes being abandoned in the City of Woodburn. Furthermore, the applicant has not provided any evidence that shows the demand for apartments in the City of Woodburn has increased due to a recent trend of manufactured homes being abandoned. Such evidence should include a discussion of the effect of the alleged abandonment of manufactured homes on apartments as well as other types of housing such as home rentals because these dwellings could also be utilized by the people who are allegedly manufactured homes. The applicant has provided no evidence to show the current demand for high density residential uses exceeds the capacity of existing high density residential designated land in Woodburn. CPA 01-03, ZC 01-07 Findings 12 T T , ' TTT lIr Even if the applicant could provide sufficient evidence to justify a present need for additional land for high density residential uses, the applicant has not demonstrated that this lot is the best lot in the City UGB to change to high density residential designation to meet that need. The supporting arguments concern the applicant's individual private development needs or desires, budget constraints and existing development. Allowing the proposed amendment would result in an encroachment of land designated for high density residential into an area designated for low density residential. The line separating low and high residential designations is more or less a straight line running parallel with Young Street. Approving this proposal would result in a significant jog of this line to the north that could have an adverse effect on surrounding low density designated property. In addition, as discussed previously, there are other properties within the city's urban growth boundary that better provide for a need for additional high density residential land. The applicant has not demonstrated how other properties within the urban growth boundary cannot better provide additional high density residential land than the subject property. Also, as discussed previously, during the next year, City staff proposes to bring before the City Council alternatives for accommodating an anticipated additional need for low and high density housing. This will most likely include a combination of increased land use efficiency within the city and an expansion of the Urban Growth Boundary (UGB). However, it is premature at this time to determine how the proposed land use change will coincide with those alternatives. The City cannot at this point to determine whether it would be appropriate to eliminate low density residential land on the subject site to increase the inventory of high density residential land since there will also be a need for additional low density residential land. The applicant has not demonstrated compliance with this criterion. 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: (a) To support an amendment to the Comprehensive Plan, the applicant shall: (1) Prove that the original plan was in error; (2) Show that the community has changed since the original plan was adopted; or (3) Show that there has been a change in the planning and growth policy of the City. CPA 01-03, ZC 01-07 Findings 13 1 , y lIT 11 FINDING: The applicant argues that the original comprehensive plan was in error and that the community has changed since the plan was adopted. The applicant's argument that the plan was in error is based on an alleged error in the PSU population estimates for the year 2000. The comprehensive plan map was adopted in 1978 and, other than amendments for individual applicants, has not been amended. Even if PSU made an error in estimating the Woodburn population for the year 2000, from which the year 2020 population forecast was derived, this error could not be the basis for an error in the original plan. The original urban growth boundary contained an excess of both low density and high density residential land in an amount approximately 30% more than needed to ameliorate the effect of the UGB on land costs. The current version of the Comprehensive Plan text projects the City's population to the year 2014 at 28,000 people. It contains sufficient land to meet the housing needs for an excess of 28,000 people. The City's official population estimated by PSU in 2001 was 20,014. The applicant's argument is that the community has changed. What has changed is the rate of growth. To address changes in the City's rate of growth and projected land needs the city is currently in the process of periodically reviewing its comprehensive Plan. Conclusion of the periodic review planning process will result in final adopted population projections and potential plan amendments to assure that the city has sufficient land to meet its projected year 2020 population. Marion County has responsibility for allocating to the City of Woodburn a year 2020 population of 26,290. Population projections prepared for the city by ECOnorthwest establish a range of projections from a low of 31,674 to a high of 38,477 for year 2020. For interim planning purposes, Marion County and the State Department of Land Conservation and Development (DLCD) have agreed to allow the city use a middle range projection of 34,919. The applicant's argument is really that the community has changed since the original plan was adopted. What has changed is the rate of growth. That change will require additional land to satisfy housing needs. However, the need is a projected need beyond the year 2014. It is not an existing need. ZONE CHANGE 01-07 A. 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 CPA 01-03, ZC 01-07 Findings 14 , T v ITT .. 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 Commiss,ion 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 15.055. Site Plan Required. A site plan approved by the Planning Commission may be required and if such requirement is made in the resolution of intent, the same shall be binding upon the property.. ..Any approved site plan may be amended or a Variance therefrom obtained, or it may be released from the restrictions of such site plan by Resolution of the Common Council on recommendation from the Planning Commission. No other changes shall be made constituting a departure from the approved site plan except by amendment or Variance as herein provided unless the same has been released from the site plan. FINDING: The above sections cover the procedure for a zone change. As mentioned, a formal site plan review application has not been submitted as part of the Comprehensive Plan Map Amendment and Zone Change applications. The applicant did submit a conceptual site plan for the property. However, since a formal application has not been made, this conceptual plan cannot be reviewed under the site plan review criteria at this time. 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; FINDING: See findings under Section C relating to Comprehensive Plan Amendment. 2. Show that the particular piece of property in question will best meet that need. FINDING: See findings under Section C relating to Comprehensive Plan Amendment. CPA 01-03, ZC 01-07 Findings 15 T T lIT 11 B. Woodburn Access Management Ordinance FINDING: The applicant has indicated that the subject property will be developed with a multi-family complex that will connect to the existing Heritage Arms apartment complex, which is under the same ownership as the subject property. This would allow a through access from Young Street to Gatch Street by a connecting drive aisle. It is the applicant's request to provide a through access by constructing a drive aisle from Gatch Street (as part of the intended future apartment complex on the subject property) to the existing drive aisle on the Heritage Arms site, which provides access to Young Street. Since there is no site plan review application for development of the subject site or additional information on the details of access, such a through access cannot be adequately analyzed at this time. C. Woodburn Transportation System Plan FINDING: As mentioned, Gatch Street is classified as a service collector in the Transportation System Plan. The nearest intersecting street to the subject site is Young Street, which is classified as a minor arterial. The proposed change to the High Density Residential designation would allow more density on the subject site than permitted under the current Low Density Residential designation. The higher density designation has the potential to generate more traffic, depending on how the property is developed. The applicant has submitted a traffic impact analysis prepared by Associated Transportation Engineering & Planning, Inc., dated September 19, 2002. The traffic impact analysis indicates that the proposed change in land use designation on the subject property from single family to multiple family residential will result in a slight increase in delays drivers will experience at the studied intersections if the proposed 20 apartments are constructed instead of four additional single family homes. This traffic impact analysis was reviewed by the Woodburn Public Works Program Manager. In a memo dated December 10, 2002 he concludes that the analysis is an accurate analysis of the project's potential traffic impacts and the difference in impacts from the two potential uses is minimal with no impact on the 20-year projected level of service. Based on this information, the applicant has provided substantial evidence that a change in the Comprehensive Plan Map designation from Low Density Residential to High Density Residential would not adversely affect planned facilities of the Transportation System Plan (TSP). VI. CONCLUSION: CPA 01-03, ZC 01-07 Findings 16 '".---...-..-.--..., T lI' ~ ITT .. Based on the findings of fact contained herein, all relevant approval criteria relating to approval of the Comprehensive Plan Map Amendment from Low Density Residential to High Density Residential and the Zone Change from RS to RM on the subject property have not been satisfied. CPA 01-03, ZC 01-07 Findings 17 T ,. , rr J1[ I