Ord 2353 - Annx. Ind. Welding
COUNCIL BILL NO. 2494
ORDINANCE NO. 2353
AN ORDINANCE ANNEXING INTO THE CITY OF WOODBURN 1.15 ACRES OF
PROPERTY LOCATED NORTH OF AZTEC DRIVE AND EAST OF NORTH PACIFIC
HIGHWAY AT 600 AND 610 NORTH PACIFIC HIGHWAY; AND GRANTING A
ZONE CHANGE FROM MARION COUNTY CR (COMMERCIAL RETAIL) ZONE TO
CITY OF WOODBURN CG (COMMERCIAL GENERAL) ZONE.
WHEREAS, the applicant, Industrial Welding Supply, Inc., submitted the following
applications: Annexation 02-01 and Zone Change 02-02; 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 Industrial Welding Supply, Inc. 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 CR (Commercial Retail) Zone
to City of Woodburn CG (Commercial General) Zone based upon the Findings in Support which
is affixed hereto as Exhibit "C".
Approved as to form~.~ ~
City Attorney
Appr
Page 1-COUNCILBILL NO. 2494
ORDINANCE NO. 2353
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Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST: ~
ary tJnnant, City Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO. 2494
ORDINANCE NO. 2353
T
January 26, 2004
January 28, 2004
January 28, 2004
January 28, 2004
EXHIBIT" A"
LEGAL DESCRIPTION
Parcell, Partition Plat #2002-059
Parcel 2, Partition Plat #2002-059
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EXHIBIT "C"
FINDINGS IN SUPPORT
Annexation 02-01
Zone Change 02-02
I. APPLICATION INFORMATION:
Applicant: RSS Architecture, P.C.
2225 Country Club Road
Woodburn, OR 97071
Property Owner: Industrial Welding Supply, Inc.
1995 Commercial Street N.
Salem, Oregon 97303
II. NATURE OF APPLICATION
The applicant proposes to annex 1.15 acres of land into the City of Woodburn
and change the zoning of the property from Marion County CR (Commercial
Retail) to City of Woodburn CG (Commercial General).
III. RELEVANT FACTS:
The subject property consists of two parcels which are located at 600 (610) N.
Pacific Highway, further described on Marion County Assessor Maps as
Township 5 South, Range 1 West, Section 17BA, Tax Lot numbers: 4100 and
4101. The subject property 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
Commercial Retail (CR). The subject property is designated as Commercial on
the City of Woodburn Comprehensive Plan Map and is proposed to be zoned CG
(Commercial General) at the time of annexation.
The subject property is currently developed with an industrial welding supply
business that has been operating for 19 years. The subject property consists of
two parcels totaling 1.15 acres in size. No wetlands or floodplains have been
identified on the property. The subject property has street frontage on Highway
99E and Aztec Drive and is contiguous to Woodburn's city limits to the west, east
and south.
The adjacent properties to the north are located outside of the City. The
properties to the west (across Highway 99E), east, and south (across Aztec
Drive) are located in the City of Woodburn, zoned CG and designated
Annex 02-01 & ZC 02-02 - Findings in Support
Page 1
,.
Commercial on the Woodburn Comprehensive Plan Map. Commercial uses are
located to the west (across Highway 99E), south and north. The property to the
east is vacant.
The applicant is proposing to annex the subject property to allow future
development on the property to occur with the benefit of city services for water,
sanitary and storm sewerage services.
This application was filed on June 28,2002 and, therefore, must be processed
under the standards of the previous zoning ordinance and not the current
Woodburn Development Ordinance which became effective July 1, 2002.
IV. RELEVANT APPROVAL CRITERIA
ANNEXATION 02-01:
A. WOODBURN COMPREHENSIVE PLAN
IX. Goals and Policies
B. Commercial Land Development Policies
D. Annexation Goals and Policies
H. Public Services Goals and Policies
K. Transportation Goals and Policies
L. Growth Goal
M. Growth and Urbanization Policies
B. WOODBURN TRANSPORTATION SYSTEMS PLAN
ZONE CHANGE 02-02
A. WOODBURN COMPREHENSIVE PLAN
B. WOODBURN ZONING ORDINANCE
1. Chapter 15 Zone Change Procedures
2. Chapter 16 Comprehensive Plan Amendment Procedures
V. FINDINGS:
ANNEXATION 02-01:
A. Woodburn Comprehensive Plan
FINDING: The property is designated as Commercial on the City's
Comprehensive Plan Map. It is proposed to come into the City under the
Commercial General (CG) District. The existing industrial welding supply
business is an outright permitted use in the CG zoning district.
Annex 02-01 & ZC 02-02 - Findings in Support
Page 2
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The Comprehensive Plan goals and policies do not establish a site plan
review requirement for the annexation of developed properties. The applicant
is not proposing changes to the site as part of the annexation and zone
change request. As a result, a site plan review application has not been
made as part of this proposal, and the criteria for site plan review are not
addressed in this report. At such time that the property is annexed into the
city, then any alterations would require the site plan review process.
IX. Goals and Policies
B. Commercial land Development Policies
B-1. The City should at all times have sufficient land to
accommodate the retail needs of the City and the surrounding
market area. The City presently has four major commercial
areas: 99E, 1-5- Interchange, the downtown area and the
214/211/99E four corners intersection area. No new areas
should be established.
FINDING: The property proposed for annexation is along Highway 99E, one
of the four major commercial areas identified in the Comprehensive Plan.
Since the property is also developed with a commercial business, no new
commercial area would be established as part of the proposed annexation
and zone change.
B-4. Architectural design of commercial areas should be attractive
with a spacious feeling and enough landscaping to reduce the
visual impact of large expanses of asphalt parking areas.
FINDING: The building on the subject site is existing. Existing asphalt
parking is located on the west side of the site. A chain link fenced storage
area is located to the east of the existing building. The eastern portion of the
subject site is undeveloped. No sidewalks are located adjacent to the west
side of the subject property along Highway 99E or the south side of the
subject property along Aztec Drive. Two 20 inch diameter pine trees are
located on the north side of the subject site.
D. Annexation Goals and Policies
D-1. The goal is to guide the shape and geographic area of the City
within the urban growth boundary so the City limits:
A. Define a compact service area for the City;
B. Reflect a cohesive land area that is all contained within the
City; and
Annex 02-01 & ZC 02-02 - Findings in Support
Page 3
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C. Provide the opportunity for growth in keeping with the
City's goals and capacity to serve urban development.
FINDING: The property is currently within the Woodburn Urban Growth
Boundary and is developed with a commercial business. Since the adjacent
properties to the north, south and west (on the opposite side of Hwy 99E) are
developed with commercial establishments as well, a compact service and
cohesive land area would be maintained.
0-2. The goal is to clearly establish the intent of each proposed
expansion of the City; to assess the proposal's conformance
with the City's plans and facility capacity and to assess its
impact on the community prior to deeming an annexation
application complete.
FINDING: The applicant is proposing to annex the subject property to allow
future development on the property to occur with the benefit of city services
for water, sanitary and storm sewerage services. The Public Works
Department commented that the capacity exists within this system to support
the site. Since the property is developed and no changes are proposed as
part of this annexation and zone change, there will be no additional impact on
the community.
0-3. The goal is to achieve greater utilization of land within the City
by:
c. Fostering an efficient pattern of urban development in the
City, maximizing the use of existing City facilities and
services, and balancing the costs of City services among
all benefited residents and development by incorporating
all territory into the City limits that will be of benefit.
FINDING: An efficient pattern of development has been established in the
area around the subject property since the subject properties and the
surrounding properties are within the urban growth boundary and are
developed. The Public Works Department commented that city services can
be provided to the subject site from the existing 8" diameter water main, 8"
diameter sanitary sewer main and the existing 15" diameter storm sewer main
within Aztec Drive.
H. Public Services Goals and Policies
H-1. Public facilities and services shall be provided at levels
necessary and suitable for existing uses. The provision for
future public facilities and services in these areas shall be
based upon (1) the time required to provide the service, (2)
Annex 02-01 & ZC 02-02 - Findings in Support
Page 4
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reliability of service, (3) financial cost, and (4) levels of service
needed and desired.
FINDING: The Public Works Department commented that city services can
be provided to the subject site from the existing 8" diameter water main, 8"
diameter sanitary sewer main and the existing 15" diameter storm sewer main
within Aztec Drive.
K. Transportation Goals and Policies
K-1-2. Develop a street system wherein arterial streets are of
sufficient width to accommodate traffic flows without
interruption....
FINDING: Highway 99E, a major arterial street, has an 80-toot wide right-ot-
way along the subject property. Its existing improvements include 4 travel
lanes with a center turn lane. This section of roadway is of sufficient width to
accommodate the existing traffic flow from the subject site. The Oregon
Department of Transportation (ODOT) has jurisdiction over Highway 99E. A
referral was sent to ODOT on August 22, 2003. No comments have been
received from ODOT.
K-1-5. The City shall encourage pedestrian safety and foster
pedestrian activity, and sidewalks shall be provided on all
arterial, service collector, and access streets. Where
possible, sidewalks should be detached from the curb,
separated by a minimum 4-foot side parkway strip.
FINDING: Highway 99E, adjacent to the west side of the subject property, is
classified as a major arterial in the Woodburn Transportation Systems Plan
(TSP). Aztec Drive, adjacent to the south side of the subject property, is
classified as a local residential street in the TSP. There are no sidewalks
along the subject property adjacent to these streets. Sidewalks are not being
required at this time because the applicant is not proposing any changes to
the subject property.
K-1-9. Where possible, driveway access along Highway 214 and
Highway 99E shall be consolidated to meet the driveway
density guidelines outlined in the Access Management Plan.
FINDING: There are two accesses directly onto Highway 99E from the
subject site. The Oregon Department of Transportation (ODOT) has
jurisdiction over Highway 99E. A referral was sent to ODOT on August 22,
2003. No comments have been received from ODOT.
L. Growth Goals
Annex 02-01 & ZC 02-02 - Findings in Support
Page 5
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L-2. The goal is to assure that all expansion areas of the City are
served by public facilities and services with adequate
capacity.
FINDING: The Public Works Department commented that city services can
be provided to the subject site from the existing 8" diameter water main, 8"
diameter sanitary sewer main and the existing 15" diameter storm sewer main
within Aztec Drive.
M. Growth and Urbanization Policies
M-1. To insure that growth is orderly and efficient, the City shall
phase the needed public services in accordance with the
expected rate of growth. The extensions of the existing public
services should be in accordance with the master plans in this
Comprehensive Plan.
FINDING: The Public Works Department commented that city services can
be provided to the subject site from the existing 8" diameter water main, 8"
diameter sanitary sewer main and the existing 15" diameter storm sewer main
within Aztec Drive.
B. Woodburn Transportation Systems Plan
FINDING: As mentioned, the applicant is not proposing any changes to the
subject site at this time. Thus, the applicable goals and policies in this plan
will not be affected.
ZONE CHANGE 00-01
A. Woodburn Comprehensive Plan
FINDING: Applicable goals and policies have been satisfied through the
implementation of the Woodburn Zoning Ordinance and other applicable
ordinances in affect at the time of approval. The designated land use for the
property is Commercial on the Comprehensive Plan Map, and the existing
use of an industrial welding supply business is in keeping with this
designation.
B. WOODBURN ZONING ORDINANCE
1. Chapter 15 Zone Change Procedure
Section 15.010. Amendments. A Zone Change is a reclassification
of any area from one zone or district to another, after the proposed
Annex 02-01 & ZC 02-02 - Findings in Support
Page 6
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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 CR (Commercial Retail) to City of Woodburn CG (Commercial
General). The zone change is necessary in order for City zoning to be
established on the property once it is annexed from Marion County. This
zone designation is compatible with the use on the subject property as well as
with the commercial designation on the Comprehensive Plan Map.
2. Chapter 16. Comprehensive Plan Map Amendment Procedure.
Section 16.080. Burden of Proof. The following specific questions
shall be given consideration in evaluating requests regarding plan
and zoning amendments and are as follows:
(b) To support a zone change, the applicant shall:
(1) Show there is a need for the use proposed;
(2) Show that the particular piece of property in question will best
meet that need:
FINDING: The applicant states the following:
Annex 02-01 & ZC 02-02 - Findings in Support
Page 7
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". ..The current Comprehensive Plan designation is Commercial. The
proposed development zone, Commercial General (CG), is allowed in this
Comprehensive Plan designation. The public need for this change is to
enhance and protect public health through City of Woodburn control of
water service delivery and sanitary and storm sewerage services for future
facility development on this site. This proposal does not enhance or
diminish the CG land use zone or inventory of land so designated. It
transfers control of future development from Marion County jurisdiction to
City of Woodburn jurisdiction. The land immediately adjacent to this
property is zoned CG where under jurisdiction of the City of Woodburn
and CR where under the jurisdiction of Marion County. The petitioner
desires to have the benefit of City of Woodburn utility services for future
development that are not available without annexation into the City. This
annexation triggers the need for changing the development zone to City of
Woodburn CG zoning..."
An existing industrial building supply business has been operating on the
subject site for 19 years. The need for this business on the subject site has
been established for many years. The zoning on the property is being
changed to a City designation that best fits the existing use on the property,
complies with the Comprehensive Plan Map, and is compatible with
surrounding commercial land uses.
VI. CONCLUSION
Based on the findings of fact contained herein all relevant approval criteria
relating to approval of Annexation 02-01 and Zone Change 02-02 have been
satisfied.
Annex 02-01 & ZC 02-02 - Findings in Support
Page 8
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