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Ord 2340 - Food Services of Am COUNCIL BILL NO. 2463 ORDINANCE NO. 2340 AN ORDINANCE ANNEXING INTO THE CITY OF WOODBURN 41.57 ACRES OF PROPERTY LOCATED ON THE EAST SIDE OF HIGHWAY 99E APPROXIMATELY 1400 FEET SOUTH OF CLEVELAND STREET AT 350 S. PACIFIC HIGHWAY; AND GRANTING A ZONE CHANGE FROM MARION COUNTY CG (COMMERCIAL GENERAL) AND IG (GENERAL INDUSTRIAL) ZONES TO CITY OF WOODBURN IL (LIGHT INDUSTRIAL) ZONING DISTRICT. WHEREAS, the applicant, Food Services of America, submitted the following applications: Annexation 03-01 and Zone Change 03-01; 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 Food Services of America and is legally described in Exhibit "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 Exhibit "B" and is by this reference incorporated herein. Section 3. That based upon the Findings in Support, which is affixed hereto as Exhibit "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 Exhibit "A" to this Ordinance from Marion County CG (Commercial General) and IG (General Industrial) Zones to City of Woodburn IL (Light Industrial) Zoning District based upon the Findings in Support which is affixed hereto as Exhibit "C". Approved as to form~. ~ ~ City Attorney Page 1 - COUNCIL BILL NO. 2463 ORDINANCE NO. 2340 .M..'.._.._..____.._~.~m..__'''"'~__..-~~~----O'~.-----..-.,.~~~...._,_""_~~~"....~_., Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: (rj~ ~ Mary..JJennant, CIty Recorder City of Woodburn, Oregon July 14. 2003 July 16, 2003 July 16, 2003 Jul y 16, 2003 Page 2 - COUNCIL BILL NO. 2463 ORDINANCE NO. 2340 '.~"__'~."_.'__""_~_ _,'_~~_"__""'-'____.h_'~_'_"'"~~~" -, ............-"-...-.,"'............ 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APPLICATION INFORMATION: Applicant: Steven Abel Stoel Rives, LLP 900 SW 5th Avenue, Ste. 2600 Portland, OR 97204 Property Owner: Food Services of America c/o Development Services of America 4025 Delridge Way, Ste. 100 Seattle, WA 98106 II. NATURE OF APPLICATION: The applicant proposes to annex 41.57 acres of land into the City of Woodburn and change the zoning of the property from Marion County CG (Commercial General) and IG (General Industrial) Zones to City of Woodburn IL (Light Industrial) Zoning District. III. RELEVANT FACTS: The subject property is located on the east side of Highway 99E approximately 1400 feet south of Cleveland Street at 350 S. Pacific Highway, further described on Marion County Assessor Maps as Township 5 South, Range 2 West, Section 17C, Tax Lot 701. The site is located outside of Woodburn's city limits but within the City of Woodburn Urban Growth Boundary. Marion County zoning currently applies to the subject property which is designated as Marion County CG (Commercial General) and IG (General Industrial) Zones. The property is designated as Industrial on the City of Woodburn Comprehensive Plan Map and is proposed to be zoned IL (Light Industrial) at the time of annexation. The subject property is currently developed with a large warehouse and distribution facility operated by Food Services of America. The property is relatively flat and 41 .57 acres in size. No wetlands or floodplains have been identified on the property. The subject property has two separate street frontages on Highway 99E and is contiguous to Woodburn's city limits along the property's northerly highway frontage. Annexation 03-01 - Findings in Support Page 1 h.,.__...,,_..q----'....--...m~--"..,....~- ._."'_..,.,.'.K'...._..........--__._...._...__. Adjacent property on all sides of the subject property, except property across from the property's northerly highway frontage, is also located outside of the City. These adjacent properties are zoned Marion County CG (Commercial General), IG (General Industrial), and UTF (Urban Transition Farm), and are designated as Industrial on the Woodburn Comprehensive Plan Map, except the property located across from the subject property's southerly highway frontage which is designated as "Residential> 12 units per acre". The property located across from the subject property's northerly highway frontage is located within the City of Woodburn, is zoned RM (Medium Density Residential) and designated as "Residential>12 units per acre" on the Woodburn Comprehensive Plan Map. Surrounding land uses consist of industrial development to the north, a service station to the west and vacant land to the south and east. The applicant proposes to annex the subject property to satisfy a City Council decision to require annexation as a condition of the City of Woodburn providing city public facilities to the property. IV. RELEVANT APPROVAL CRITERIA: Annexation 03-01: A. WOODBURN DEVELOPMENT ORDINANCE Section 5.104.01 Annexation B. WOODBURN COMPREHENSIVE PLAN Zone Chanqe 03-01 : A. WOODBURN DEVELOPMENT ORDINANCE Section 5.104.04 Zoning Map Change; Owner Initiated B. WOODBURN COMPREHENSIVE PLAN V. FINDINGS: Annexation 03-01 A. Woodburn Development Ordinance Section 5.104.01 Annexation: Section 5.104.01.D Application Criteria 1. Annexation Annexation 03-01 - Findings in Support Page 2 "--"'-'~~''''--'--.'---'---~''--'~ a. Findings showing compliance with applicable Woodburn Comprehensive Plan goals and policies regarding annexation, with the applicant bearing responsibility for the burden of proof. FINDING: Findings showing compliance with applicable Woodburn Comprehensive Plan goals and policies are provided later in this report. This approval criterion is satisfied. b. Territory to be annexed 1) Shall be contiguous to the City of Woodburn; and 2) Shall either: a) Link to master plan public facilities with adequate capacity to serve development of the uses and densities indicated by the Woodburn Comprehensive Plan; or b) Guarantee the facility linkages with adequate capacity, financed by the applicant. FINDING: The territory to be annexed is contiguous to the City of Woodburn at the subject property's northerly highway frontage which is separated from the Woodburn city limits only by a public right of way (Highway 99E). The subject property is currently provided with public facilities with adequate capacity to serve the existing development. This approval criterion is satisfied. c. Annexations shall show a demonstrated community need for additional territory and development based on the following considerations: 1) Lands designated for residential and community uses should demonstrate substantial conformance to: a), b), and e) and at least one of c) or d), as stated below; and 2) Lands designated for commercial, industrial and other uses should demonstrate substantial conformance to: h) and either f) or g), as stated below: Annexation 03-01 - Findings in Support Page 3 ._.~_~~'^ ....... _._~____-..___ __...~---....-._....____~~~......_..,^.,~_~.,_w*__~ a) Infill. The territory to be annexed should be contiguous to the City on two or more sides; FINDING: This criterion is not applicable to an industrial development. b) Residential Buildable Land Inventory. The territory to be annexed should not increase the inventory of buildable land designated on the Comprehensive Plan as Low or High Density Residential within the City to more than a 5-year supply; FINDING: This criterion is not applicable to an industrial development. c) Street Connectivity. It is feasible for development of the site to either: (i) Complete or extend the arterial/collector street pattern as depicted on the Woodburn Transportation System Plan; or (ii) Connect existing stub streets, or other discontinuous streets, with another public street. FINDING: This criterion is not applicable to an industrial development. d) Community Need. The proposed development in the area to be annexed fulfills a substantial unmet community need, that has been identified by the City Council after a public hearing. Examples of community needs include park space and conservation of significant natural or historic resources. FINDING: This criterion is not applicable to an industrial development. e) Reinforcement of Public Investment. The territory proposed for annexation should reflect the City's goals for directing growth by using public facility capacity that has been funded by the City's capital improvement program; Annexation 03-01 - Findings in Support Page 4 ~,",."-.~.~......_-_..._..".. ...... -- , ",,~-,,',.---"'_.-""----'-""" .".,.-........-~-,,--~,..,. .,~~._~~<,..._-y_.,,-"'-"--- FINDING: This criterion is not applicable to an industrial development. f) Local Employment. The proposed use of the territory to be annexed shall be for industrial or other uses providing employment opportunities; FINDING: The existing use of the subject property is an industrial use consisting of a warehouse and distribution facility operated by Food Services of America. This approval criterion is satisfied. g) Reasonable Facility and Service Needs. The proposed industrial or commercial use of the territory does not require the expansion of infrastructure, additional service capacity, or incentives that are in excess of the costs normally born by the community for development; FINDING: The existing use of the property does not require the expansion of infrastructure or additional service capacity because the city currently provides public facilities to the property. No incentives are being offered to the applicant. This approval criterion is satisfied. h) Economic Diversification. The proposed industrial or commercial use of the territory provides an economic opportunity for the City to diversify its economy. FINDING: The annexation of the subject property will bring an existing industrial site into the city. The existing development is a warehouse and distribution facility operated by Food Services of America. Annexation of the property will provide additional property tax revenues to the city and will further the city's goal of diversifying its economy. This approval criterion is satisfied. B. Woodburn Comprehensive Plan IX. Goals and Policies 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: Annexation 03-01 - Findings in Support Page 5 ~,., .,.,._"-'"--., ,.u.._."...._~."'...~_~~"_<."_....'....,~h~,.""'~............_._'_"'-_,..,......,..'."",<.~....."...".'.".."......"""""'..~....,,,~'^;,_~__"-...,..,',. ,_, A. Define a compact service area for the City; B. Reflect a cohesive land area that is all contained within the City; and C. Provide the opportunity for growth in keeping with the City's goals and capacity to serve urban development. FINDING: Annexation of the subject property will further this goal by bringing existing development into the city which is already served by city public facilities. D-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: Annexation of the subject property is required by the City Council as a condition of the city providing the property with continued access to city public facilities. Annexation of the subject property is consistent with this goal because it brings an existing development into the city which is already served by city public facilities. D-3. The goal is to achieve greater utilization of land within the City by: a. Incorporating all of the territory within the City limits that will be of benefit to the City into the City. b. Providing the opportunity for the urban in-fill of vacant and under utilized property that is currently unincorporated and surrounded by the City. 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: Annexation of the subject property is consistent with the above goals because it will benefit the city by providing additional property tax revenues to help off-set the cost of providing public services that are currently provided to the existing industrial development on the subject property. Zone Chanae 03-01 Annexation 03-01 - Findings in Support Page 6 _..".- --......._"_.._~"-"-'-_._~._.....----,-~-;."....- t A. Woodburn Development Ordinance Section 5.104.04 Zoning Map Change; Owner Initiated: Section 5.104.04.C Criteria. 1. Evidence proving a need for the proposed use and the other permitted uses within the proposed zoning designation. FINDING: Annexation of the subject property is required by the City Council as a condition of the city providing the property with continued access to city public facilities. The existing use of the property is a warehouse and distribution facility which is a permitted use in the proposed IL zone. The IL zone is consistent with the Industrial land use designation for the subject property as shown on the Woodburn Comprehensive Plan Map. 2. Evidence that the subject property best meets the need relative to other properties in the existing developable land inventory already designated with the same zone considering size, location, configuration, visibility and other significant attributes of the subject property. FINDING: As stated above, annexation of the subject property is required by the City Council as a condition of the city providing the property with continued access to city public facilities. The subject property is already developed with an industrial use that is consistent with the proposed IL zoning and the Industrial Comprehensive Plan land use designation. The subject property best meets the need relative to other properties because it is already developed and provided with city services, and thus, will not decrease the capacity of city services available to other properties within the IL zoning district. B. Woodburn Comprehensive Plan FINDING: Applicable goals and policies have been satisfied through the implementation of the Woodburn Development Ordinance and other applicable ordinances in affect at the time of approval. The designated land use for the property is Industrial on the Comprehensive Plan Map which is consistent with the proposed IL (Light Industrial) zone designation. VI. CONCLUSION: Annexation 03-01 - Findings in Support Page 7 . -.. -'_.'"..,-'-'---......-~_._.._~~~_.._--~_.~"--,,."-~ Based on the findings of fact contained herein all relevant approval criteria relating to approval of Annexation 03-01 and Zone Change 03-01 have been satisfied. Annexation 03-01 - Findings in Support Page 8 --"-.- ~.._. _._..._-_.-~~,. ..~,,'.--~. .. .. -<,.".....,...,_.~.."