Loading...
Ord 2361 - ZC 1840 Newberg Hwy COUNCIL BILL NO. 2505 ORDINANCE NO. 2361 AN ORDINANCE GRANTING A ZONE CHANGE FROM RS (SINGLE FAMILY RESIDENTIAL) ZONE TO CO (COMMERCIAL OFFICE) ZONE ON PROPERTY LOCATED AT 1840 NEWBERG HIGHWAY; AND DECLARING AN EMERGENCY. WHEREAS, the applicant, David Mendenhall, submitted the following application: Zone Change Application Case No. 03-02; 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 Planning Commission and the Woodburn City Council have reviewed the record pertaining to said application and heard all public testimony presented on said application; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That the subject property is owned by Timothy Brown and is legally described in Exhibit "A" which is affixed hereto and by this reference incorporated herein. Section 2. That the Woodburn Zoning Map is hereby amended as to the property described in Exhibit "A" to this Ordinance from RS (Single Family Residential) Zone to CO (Commercial Office) Zone based upon the Findings in Support which is affixed hereto as Exhibit "B". Section 3. This ordinance being necessary for the immediate preservation of the public peace, health, and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: ~~ Mary Werman!, City Recorder City of Woodburn, Oregon April 12, April 14, 2004 April 14. 2004 April 14. 2004 Approved as to form:?]. ~ ~ City Attorney Page 1 - COUNCIL BILL NO. 2505 ORDINANCE NO. 2361 ~ -'T-.. Exhibit" A" ,..... ~ ........ cv ~ ~ . "' J01IM5OM ItOKtCACK COItPOIlATlOll. aft 0nI11.00 _nor.don IlEe&. 197 P .TWe ~'rJ ,H/rce/J o-r .1Il. STATUTORY BARGAIN AND SALE DEED . OI....or. COII"CJ1I&y'TRUSun LAIID SAVIIICS , l..OAlI AS~tA1'l0ll '"7 . Orunec.. 1M loUowfq ~ raI papatr- ...1_1.. at elM .ll'~"""~ co~...1' of Let oil. ILUJ,.". .... ~. ICed_ C_llty. Onlu, ..~ c....ca "acOI'I, do., dw. "rtb U.. .f ad' \.o~ 41. . 4iat.u. of '~.OO feotl e....c. .CIQc.....c.dy ...,.&1101 vitia eM .at.l'ly 11_ of a&101 Loe 41. a ....t.__ of ~O.OO f..c. e"..- v_c.ll'17 ~.11.1 vida the JIorLll 11_ of ..141 wt 41. . olhl._c. .f '5.00 r.. t. I:ll. V..u~l1 liDo of 1.0~ 4li It....n~ IIortl\&a.t.r~ 010111 .al. V..t 11.. of I.c 4. . .lac_c. of '0400 f..t hell. puu of _~1"4 .:,....-': ..4. T c).)( Lot !I/o '5 2W ,ZM 350U nns DEED IS ALSO IJfI'EIIDEJ) TO ASSIGlI 'I1IE VDlOQIltS ltlRllIST Dl 'I1IA~ CERTAl" CONTltACT DATED KAJ.CIl 1. 1984. A t(EHOllAI(DUH Of' WlUaI VAS llECOJDm IWlCR 5. 198' III JEEL 336. PACt. 1942. .AND ltE-ucoaom !lAACIl is. 1984. 111 aEEI. 338. 'ACE zeat FlUC "COaDS FOil )fA'-lOM COlDIT'l. OlU!COll. I .~ I , I ! I THIS INSTRUMENT WILL NOT ALLOW USE OF THE PIlOPEalY DESCIUBED IN THIS II'lSTit.UM2NT IN VIOLATION Of" APPUCABLE LAND USE LAWS ANO IlEGtJLATlONS. IEmIlE stGNlNO OR ACCEJ>TJNO THIS INSTRUMENT. 'tHE nasaN ACQUllllNG FEE TITl.E TO l1U! PaOPER.1:Y SHOULD CHE~ WITH. THE APPllOPRIATlS CITY OR COUNTY PLANNING DEPARTMENt 1'0 VEJllfY APPROVED USES. "Be tNC~ lor dIis CODWJ&nCC i5 S 13.2&3.00 ,.......... ............... "" ~......... DATED ll1j~ ~ da1 af s.p~_bcr 19~. J~-~ ..n.!" . L. ~"'1"'" STATE Of OREGON. C_IlIY or _ CORPOM TE ACKJIIOWLEDGMENT IS$. STATE OF ORECO'" C_tl 01 MULTJII(IUJI )11. TM fozqoinc ~"8W;1I ..... ac;kno-kd.cd klo.. me ,IIi. 'sy ~ 19 - '" TK r~ ~ _ .d,"owIcdc.... bc(or~ me 1m .5dl ., or SePtember 19 90 bl' nnINTS L. .lOllllSIllI ,J< ~ ~ .~ o( .J0RltS0JI MO.'ICIoC1t COIlPORATlCIl .. ~., .7F.$:;er~..:~:; Notary q- . . ~ .. Ml'COl1IlDiuion CllpVn: 07-04-92 '.;0: .,."(. . ...... ~J)' I THIS SPACE RESERVED FOR IlECOao~"S USE Nowl' Public ror OKIOCI My c_...inion capifn: SEAL Tide Orckr No. ~ow No. 14232s-tt 9029511 srm (yo OREGON A.e~L 791 PAC:E ~17 .fWo _.... ,,,_,.. JUAmIJ'.o;-' ."Ift. SA.YJJlG5. 6..J.O#M. AS1OGW...<1II~. 21I...S'W, .itS. .A.v&alOJ! . . - .. .. .. -- -- - - .... . 0KUlt%41.-0niWf . s1t1JiA%2]l: .~t5...d.tidliJ!:l """""l, AP6d..si, LIt' ~ cllobtion ,Nii.bt ~.. ht~""~ aIti ~ iiiMiiJ tit- $, . ~lIt~C"~ . ./' I I 011M '94 ~. ~ Hi.~M: l' '. ..\.:;, "f')., ,... ~. Cr _.~ I '. I -.'ir. Hend~MCl 0 ~i'-~.__: ,.,. - .~ '*" ......... .. ,_ ... .... .._ _ N _ ,.. oW'-"'_ llQ..J:IL\Hli&__.- ~..- -~.-. ------...--.--.----.-- . .....-- ------ l'L\ME.. ADOIl.ESS. 211' l' e_._'T"'"' ".. .._...-._.~,-'"'.... ,-, -' .-,. ---+-_. ..- -"'~-,,-....----...---,.--~...........----~_._~.>-., ,.. - . -.... -- --------- .--~.. ~~ <<EEL PA~ ~ 13)2 6U ,;2 rc e /1 STATUfORY BARGAIN AND SALE DEED o.f 1n:.~ -:---..,- " '- ~ \ KNOW ALL MEN BY THESE PRESENTS, dIaL DALE W. BAKER. GranlOr. conveys 10 2nMOTRY R. BROWN~ followi. describccI real pmpcrtY: 'f...Lot ... 1 and Ibe WCItIl:rly onc.JWf of Lot .&0. HAlL'S HOME TRACT. Marion County, Oregon. (See Volume ( 4. rage 34. Rtcord of Town Plats for Marion Councy, Oregoft. SAVE AND EXCEPT daerc(rom &he following: lkginninc at die Nor1IleIst corncf' of &be WCSICrly onc-IWf 0( Lot 40, HALL'S HOME TRACI'S. Marion County. Orqon. (See VolulDC., 1'I&e.34. Raxri oCTowft Ptat:I Cor said Cowuy and State) ruDl\inc t.heoct: Wescerly Ilona the NodI\ line of aiel Lol 40. a discance of M.OO feet; Ihcnce Sou:bwcsccrly parallel widt the Westerly line of said Lot 40. I dRIanCe of 14S.00 f~ d1cnce &stuly ~Id wid1lhc: Nor1h line of said Lac 40, a diSIaI\ICC of M.OD fCCl to the Eutcrly line of 1M WCSICrly oat>-baJf of said Lol 40; d1c1lC.C Northeasterly along said Wtcrly liDe 145.00 (cd 10 die p~ of bqinnin&- AUO SAVE " EXCEYI' d1erefrom the following: Beginninc _ the Nonhwes( comer of Lol41. running &hence Easu:rIy along the North line of said Lot 41 a discancc of 9S~()Q feet; thence Soulhwatcrly parallel wilh the WestQly line of said Lot 41 a disana: of 9OJlO rccc; lhcnee Westerly paral1d widt dJC Nor1h line of said Loc .1. a distance of 9S.00 fed 10 the v"esterly line of 41; dz:nce Nonhcatrcrly &10111 said West ,line of Lol 41, . distance of 90.00 (cd to the plac:c: of beginning. 'f T~y. '~. + 1\.0. 5- 2.V / ,zDA ?,(bCJO SUBJECI' TO: Tbc ri&tds o( &he public in and 100 that portion of the herein described JKemdes lying within all roack and roadways. lOgcthet" with the imprvvcmenlS chenlon. Tms INSTRUMENT WILL NOT Au.oW USE OF mE I'ROPERTY DESCRIBED IN THIS INSTRUMENT IN VlOLAT10N OF APPUCABlE LAND USE LAWS AND REGULATIONS. BEfORE SiGNING OR ACCEP11NG THIS INSTRUMENT. THE PERSON ^CQU!RlNG FEE TI11.E TO TIlE PROPERTY SHOULD CHECK. wmI THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DEreRMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRA.CT1CES AS DEFINED IN ORS 30.930. The true and aaual consideradon fO(" Ibis I1'lInsfcr. sl.arcd in lamS of dO:lMs. is SNIL H(\Wever the actual consideration oomists of a division of useD upon dissolution of partnership. Unlil a chantc is requested all laX statements shall be sent to Ti~ R. Brown. r/5 Shenandoah Lane. Woodburn. Orego" 91071. Dated Ihis --L- di.J or June. 1995. ~dL LJPL STATE OF OREGON ) }ss. ) County of Mario" Personally appeared DALE W. BAKEK. who being duly sworn. did say that ma instrument was signed by him and lhat he :acbmwlcdgcs this instrument to be his votunWy act and deed. Signed before me this -L day of June. I99S. ~ ",~...::-~\- j After n:conliDt ....10: [)O,,;'" I. v.. Dyte 2741 Cou...ry av.. -- Woodb.lt1. OR 9lU11 "-'.....~.......... .. ~rfJ. . , :J ~. j ~" ~I ~ VI .. ~ \0 . \D 0'\ rAGE M8 ll/r20~ u-t- JIL ....., ".....~...________,...."'"IC......~"...........~.....J.~ ...... Wl .........~_ .....~ - ~~----.... -" REEL 1]32 .' .~; -;.. STATUfORY BARGAIN AND SALE DEED 'f KNOW ALL MEN BY mESE PRESENTS. &hat DALE W. BAKER, Granfor. conveys (0 Z.TlMOnll' It- BROwN;1hc fol1owiac cIescrihed real propeny: fneginning al ,he Northeast corner oC &he Wcsw1y ~-hal( of Lot .w. HALL'S HOME TRACfS. Marion Coun(y. Oregon. (See Volume 4. Pace )4. Rc:cofd of Town Plats for said Counl)' and Slate) running Ihcnce Westerly along die North lioe of said LoI4O. . dislmCC of 6S.00 feet; lhenoc Southwesterly. parallel wilh die Weslerly line of said Lot 40. a discance of 14S.00 fea; thcnc:c Easl.ttty, panlkl .",ilk \he North line of said lot 40. a diuar.ce of 65.00 feet 10 lite &scerly line of die WCS1I:rly one-haJ( of Said Loc 40; thence Northeasterly along said ~terly line 145.00 fc.ct 10 the plaa: of bcpnnint.- .-/.. ~: .' " togclber with Ihc improvements d\Creon. - . I I u-- --X Li,f /va. 5 2.~v I2.DA 3700 .. I THIS INSl'RUMEN1' W1LL Nor AllOW USE OF ntE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOlATION OF APPUCAaLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEP11NG TIllS INSTRUMENT. TIlE PERSON ACQUIRING FEE TITLE TO TIlE rROPERTV SHOULD CHECK WITH TIlE APPROPRIA.TE CITY OR COUNrY PLANNING DEPARTMENt" TO VERIFY APPROVJ:D USES AND TO DETERM1~E ANY UMITS ON LAWSUITS AGAINST fARMING OR FOREST PRACT1CES AS DEFINED IN olts 30.930. TIle true and actual consideralioA fGr this nns(cr. SQtcd in serms or dollal'$. is SNIL However the actual comidcration conshu or a division of assetS upon dissolution of pat\nenhip. Unlil a change is requesccd aU tax SGlCments slWl be scnl ro Timodty R. BroWn, 275 Shenandoah Lane. Woodburn, Oregon 91071. Dalcd this -/- ~y of June, 1995. adLv.f)~ STATE OF OREGON ) )S!. ) CounlY of Marion Pe~nally appeared DALE W. BAKER.. who being duly sworn. die:: say dw this instrument \lias signed by him and mat he ack.nowledges dIU il\5lrUmcnt 10 be his volunrary act and deed. Signed before me (..is 1 day of Junc. 1995. j AIId lCConlillJ !ClItm Ie>: Oa.I ,_ V.n D,l<<< L~ I C........, CNll1t.-..4 W"""",,", OR 97071 .~ - Id..... ....CD&......::CI{,C,... _ . :":'4 I,.. ~.. . :g\l ...... (J'\ ... ....... \0 \0 O'l " r ^"_"~_~_.~""--,~,,,,,,,.,,,,,,,,,,,,,,.'~."'''"'''''''~_N~'''_''...........____..M"'''.''".....--,-~..-,,-,.--....> EXHIBIT "B" FINDINGS IN SUPPORT Zone Change 03-02 I. APPLICATION INFORMATION: Applicant: David Mendenhall 7 486 SW Lakeside Loop Wilsonville, OR 97070 Property Owner: Timothy Brown P.O. Box 419 Woodburn, OR 97071 II. NATURE OF APPLICATION: The applicant proposes to change the zoning map designation of the property located at 1840 Newberg Highway (Hwy. 214) and identified by the Marion County Tax Assessor as Township 5 South, Range 2 West, Section 120A, Tax Lots 3500, 3600, and 3700, from Single Family Residential (RS) to Commercial Office (CO). III. RELEVANT FACTS: The subject property is zoned Single Family Residential (RS), designated as Commercial on the Woodburn Comprehensive Plan Map and located at 1840 Newberg Highway, which is on the south side of Highway 214 immediately to the east of the S-curve. The property is 1.48 acres in size (approx. 47,665 square feet) and consists of three tax lots (mentioned previously). Tax lot 3500 contains an existing single-family dwelling. The subject property is flat and mostly grass. A few small trees are located adjacent to the single family dwelling in the front and one medium to large fir tree is located behind the home. According to the local wetlands inventory, there are no wetlands on the subject property. The FEMA flood map (41047C0138G) shows the subject parcel to be outside the 500-year floodplain. The applicant states the subject property, proposed to be rezoned, and the property to the south have entered into an agreement to provide public water, sewer and storm drainage via an easement. The applicant has applied with the Oregon Department of Transportation (OOOT) to share access to Highway 214 (Newberg Highway) with the Woodburn Fire District by using the Fire District's westerly driveway soon to be constructed. ZC03-02 Page 1 ,. ~.......,.-.._,_,..,~.___..."",,_~......,.~-.r"'__"~._" The adjacent property to the east is zoned Public and Semi-Public (P/SP), designated as Public Use on the Woodburn Comprehensive Plan Map and is in use by the Woodburn Fire District (1776 Newberg Highway). The adjacent property to the south is zoned Single Family Residential (RS) and designated Residential Less Than 12 Units Per Acre on the Woodburn Comprehensive Plan Map. A preliminary subdivision approval was recently given on the southerly property for 1 0 s ingle-family lots. T he adjacent property tot he west is zoned Medium Density Residential (RM) and designated as Commercial on the Woodburn Comprehensive Plan Map. This property to the west has been developed with a 47-unit retirement home (Colonial Gardens). The adjacent properties to the north (across Highway 214) are zoned Retirement Community Single Family Residential (R1 S), designated Residential Less Than 12 Units Per Acre on the Woodburn Comprehensive Plan Map and are built out with single- family homes. IV. RELEVANT APPROVAL CRITERIA: Zone Chanqe 03-02: A. WOODBURN DEVELOPMENT ORDINANCE Section 5.104.04 Zoning Map Change; Owner Initiated B. WOODBURN COMPREHENSIVE PLAN V. FINDINGS: 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: There is no specific use proposed with this application. The applicant states that the owner plans to develop the property with an office structure. The City has approved at least six developments in the last few years to construct or expand office facilities in CO zones, demonstrating a consistent need for the uses permitted in the CO zone. The Woodburn Comprehensive Plan Map designates the subject property as Commercial and the Woodburn Comprehensive Plan (Page 79, X. The Land Use Plan, B. Commercial Lands) calls out the commercial land at the S-curve near Cascade Drive to be used for "low traffic generating uses such as offices and other service centers." These facts demonstrate that office use was originally planned for this parcel ZC03-02 Page 2 '1' -or"~ and that there is a need for additional office space in the City of Woodburn. 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: Currently there are only two large (>44,000 square feet) vacant parcels that are zoned Commercial Office (CO) in the City of Woodburn. One parcel is located in the middle 0 f t he S-curve 0 n the north side 0 f Highway 214 and the other parcel is located behind (on the east side of) Safeway on Highway 211. Two small (< 6,000 square feet), vacant, Commercial Office (CO) zoned parcels are also located on Settlemier Road and one medium size vacant CO parcel is located in the Ray J. Glatt Circle office park. As stated a bove, the City has approved at least six developments in the last few years to construct or expand office facilities in the CO zone. These developments have significantly reduced the inventory of developable land designated for office uses. The Comprehensive Plan Map designates this property as Commercial. The existing zoning of RS is inconsistent and conflicts with the Comprehensive Plan Map designation. The Comprehensive Plan text indicates that the intended land use on the subject property is to be office use. The location of this property on Highway 214 provides good visibility for a business. The combined size of the tax lots (1.48 acres) is large enough to build an adequate size building while providing the required parking. The applicant has stated that he has applied with the Oregon Department of Transportation (ODOT) to share access to Highway 214 (Newberg Highway) with the Fire Department by using the Fire District's westerly driveway soon to be constructed. The property is flat and rectangular in shape. These attributes suggest that the property will be relatively easy to design for office use. Rezoning this property from Single Family Residential (RS) to Commercial Office (CO) will help prevent a deficit in commercial land, especially Commercial Office (CO) zoned land which is already in short supply. B. Woodburn Comprehensive Plan As demonstrated below, this proposal complies with the Woodburn Comprehensive Plan. IX. Goals and Policies B. Commercial land Development Policies ZC03-02 Page 3 '1' --...'T"'".....-. ....-. B-6. Commercial office and other low traffic generating commercial retail uses can be located on collectors or in close proximity to residential areas if care in architecture and site planning is exercised. The City should insure by proper regulations that any commercial uses located close to residential areas have the proper architectural and landscaping buffer zones. FINDING: Changing the zoning designation from Single Family Residential (RS) to Commercial Office (CO) will comply with the above policy. The subject property is located on Highway 214, which is designated as a Major Arterial in the Woodburn Transportation System Plan (TSP). The subject property is located adjacent to residentially zoned property. The Woodburn Development Ordinance (WOO) insures that the proper architectural design and landscape buffer zones will be used. These design elements are reviewed under the Design Review process. X. The land Use Plan B. Commercial lands Commercial lands also pose difficulty in deciding their proper location because of the high traffic, which is generated by commercial uses and the necessity for good transportation facilities improvements. They also can impact quite severely on adjacent residential uses and this must be considered in their location, and especially in their zoning. The commercial areas of the city should be aimed to develop at higher densities instead of a sprawling type development. There are basically four major commercial areas in Woodburn, and they should serve the City for the foreseeable future. The first commercial area which the City developed was the downtown. It is located on both sides of a railroad track and despite problems in the recent past, it has remained an essential part of the City's economy. It is in a transitional stage at present as it no longer serves as the center of retailing for Woodburn. It presently suffers from a lack of maintenance and outmodled buildings. These need to be remodeled and updated so it can provide a greater share of Woodburn's services in the future. The second large commercial area which has developed in the City is the commercial strip along Highway 99E. The strip zoning along 99E has caused many problems in the City of Woodburn. This is ZC03-02 Page 4 ,. -._~_._.,..,_..- ....--.......--.....--..." ..~._.".. because this type of development is the least efficient use of commercial land and highway frontage. While there is little which can be done with the areas which have already been developed, some of this will be redeveloping in the future, especially north of Lincoln Street. Access control policies shall be observed when street improvements occur. The third large area of commercial development in the City is the Interstate-5 Interchange. This contains one small shopping center already and a large amount of highway related uses. In general, commercial uses on the west side of the freeway should be limited to highway related interchange type uses, while on the east side -a more general commercial nature should be encouraged. There are approximately 60 acres available for development located southwest of Evergreen Road. This land should be developed as a large integrated shopping center when Woodburn's population justifies it. The fourth commercial area is the 214/211/99E "Four Corners" intersection. This area has become an important commercial district within the city. This "Four Corners" area serves as a more local retail service center. This commercial district could realize more development in the future. In this area development should be densified so as to not create another commercial strip development. In addition to these four major areas there are two other minor commercial areas, both of which are set aside for office uses. One at the S-Curve near Cascade Drive and State Highway 214 and one at the northwest quadrant of the intersection of Settlemier Avenue and State Highway 214. To minimize the impact along State Highway 214 only low traffic generating uses such as offices and other service centers should be located. Retail uses are not consistent with the overall plan concept for these two areas. FINDING: The Woodburn Comprehensive Plan Map designates the subject property as Commercial and the Woodburn Comprehensive Plan (text) calls out the commercial land at the S-curve near Cascade Drive to be "set aside for office uses." Office use was originally chosen for this property because it is a low traffic generating use, which will minimize the impact to Highway 2 14. T he applicant states t hat he h as applied with the Oregon Department of Transportation (ODOT) to share access to Highway 214 (Newberg Highway) with the Fire District by using the Fire District's westerly driveway soon to be constructed. If the access is approved by ODOT, combining driveways should lessen the impact to Highway 214 and improve safety by shifting the driveway away from the ZC03-02 Page 5 l' ~--r--""-"---- .--.. .".~"~~.<. .. _"'H"~_.~'".'___ S-curve, which will improve visibility. These facts demonstrate that office use was originally planned for this parcel and that the zone change proposal and future development will comply with the goals of the Comprehensive Plan. VI. CONCLUSION: Based on the findings contained herein, all relevant approval criteria relating to approval of the zone change application have been satisfied. ZC03-02 Page 6 .. --.---.........,.----..