Ord 2375 - Annex 04-01, Z Chnge
MEMO
FROM THE WOODBURN CITY A1TORNEY
TO:
Mary Tennant, City Recorder
N. Robert Shields, City Attorney f'J.(,)
November 23, 2004
FROM:
DATE:
RE:
Ordinance No. 2375
Ordinance No. 2375 (attached) was passed by the Council on October 25, 2004 and approved
by the Mayor on October 27, 2004. While the caption contained an emergency reference, the
body of the ordinance itself did not contain an emergency clause. This was an oversight by the
Planning Department because land use ordinances normally contain an emergency clause.
However, since no such clause is contained in this ordinance, it is effective 30 days after its
enactment pursuant to the Woodburn City Charter.
Attachment: Ordinance No. 2375
COUNCIL BILL NO. 2539
ORDINANCE NO. 2375
AN ORDINANCE ANNEXING INTO THE CITY OF WOODBURN CERTAIN PROPERTY
LOCATED SOUTH OF SMITH DRIVE; GRANTING A ZONE CHANGE FROM MARION
COUNTY UTF (URBAN TRANSITION FARM) ZONE TO CITY OF WOODBURN P/SP
(PUBLIC AND SEMI-PUBLIC) ZONE; APPROVING PERMIT APPLICATIONS 04-02 AND
04-03; AND DECLARING AN EMERGENCY.
WHEREAS, the applicant, City of Woodburn, submitted the following
applications: Annexation 04-01, Zone Change 04-01, Property Line Adjustment
04-02 and Property Line Adjustment 04-03; 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 the City of Woodburn
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 "e" 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 UTF
(Urban Transition Farm) Zone to City of Woodburn PjSP (Public and Semi-Public)
Zone based upon the Findings in Support which is affixed hereto as Exhibit "C."
Section 5. Development permit applications Property Line Adjustment 04-
02 and Property Line Adjustment 04-03 are hereby approved; based upon the
Findings which are affixed hereto as Exhibit "C."
Page 1 - COUNCIL BILL NO. 2539
ORDINANCE NO. 2375
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Section 6. That Annexation 04-01, Zone Change 04-01, Property Line
Adjustment 04-02 and Property Line Adjustment 04-03 approvals are subject to
the conditions contained in Exhibit liD," which is affixed hereto and incorporated
herein, which the Council finds reasonable.
Approved:
October 25.
October 27, 2004
Approved as to form:
,tjrQ~
City Attorney
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
October 27. 2004
Filed in the Office of the Recorder
October 27, 2004
ATTEST: jJ?tU~~J
Mary Te nant City Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO. 2539
ORDINANCE NO. 2375
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Exhibit "A"
LEGAL DESCRIPTION - ANNEXATION 04-01
Beginning at a point on the South boundary line of Block 3, SMITH'S
ADDITION marking the most westerly Northwest corner of that tract of land
described in reel 2027, Page 84 Deed Records for Marion County, Oregon
which points bear South 860 53"47" East 486.88 feet from the Southwest
corner of Lot 4, Block 9, SMITH'S ADDITION NO.2 as platted and recorded
in Volume 29, Page 43, Book of Town Plats and being situated in the
Northwest Quarter of Section 18, Township 5 South, Range 1 West of the
Willamette Meridian in Marion County, Oregon:
thence North 86053'47" West along said boundary line, and along the
South boundary line of SMITH'S ADDITION NO.2, a distance of 393.50 feet
to the TRUE POINT OF BEGINNING;
thence South 86053'47" East along said boundary line, a distance of
243 feet, more or less, to the westerly city limits line;
thence South 18026'16" West along said city limits line, a distance of
242.54 feet;
thence North 67031'35" West 594.04 feet;
thence North 89039'00" West 211.58 feet;
thence North 17024'00" East 207.13 feet;
thence South 72036'00" East 211 .00 feet;
thence South 67031'35" East 262.67 feet to a point on the westerly
line of said Lot 4;
thence South 16043'17" West 15.00 feet to the Southwest corner of
said Lot 4;
thence South 86053'47" East along the South line of said Block 9, a
distance of 93.30 feet to the Point of Beginning and containing 3.11 acres
of land, more or less.
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EXHIBIT "C"
FINDINGS IN SUPPORT
ANNEXATION 04-01
ZONE CHANGE 04-01
PROPERTY LINE ADJUSTMENT 04-02 (Tax Lots #4000 & #4100)
PROPERTY LINE ADJUSTMENT 04-03 (Tax Lots #100 & #4000)
I. APPLICATION INFORMATION:
Applicant & Property Owner: City of Woodburn
cIa Randy Rohman
270 Montgomery Street
Woodburn, OR 97071
II. NATURE OF APPLICATION:
The applicant proposes to annex 3.11 acres of land into the City of
Woodburn and change the zoning of the property from Marion County
Urban Transition Farm (UTF) to City of Woodburn Single Family
Residential (RS) Zoning District and Public and Semi-Public (P/SP)
Zoning District. The applicant is also proposing to adjust the property
lines between tax lots #100, #4000 and #4100.
III. RELEVANT FACTS:
The subject property consists of three tax lots described on Marion County
Assessor Maps as Township 5 South, Range 2 West, Section 13, Tax Lot
#100 and Township 5 South, Range 1 West, Section 18BC, Tax Lots
#4000 and #4100. Tax lot #100 is located outside of the city limits but
inside of the Woodburn Urban Growth Boundary (UGB).
Tax lot #100 is zoned Marion County Urban Transition Farm (UTF) and is
designated Residential Less Than 12 Units Per Acre, Residential Greater
Than 12 Units Per Acre and Open Space and Parks on the Woodburn
Comprehensive Plan Map. Tax lot #100 is currently vacant. The
properties that surround tax lot #100 are zoned Marion County Urban
Transition Farm (UTF) and City of Woodburn Single Family Residential
(RS), Medium Density Residential (RM), Public and Semi-Public (P/SP)
and Retirement Community Single Family Residential (RIS). The
properties that surround tax lot #100 are designated Residential Less
Than 12 Units Per Acre, Residential Greater Than 12 Units Per Acre,
Open Space and Parks and Public Use on the City of Woodburn
Comprehensive Plan Map. Single family residential dwellings, schools,
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mobile home park, church, city park and vacant lands surround tax lot
#100.
A portion of tax lot #4000 is located inside of the Woodburn city limits and
the remainder of t he site is located 0 utside of t he Woodburn city limits.
The portion of Tax lot #4000 that is located inside of the Woodburn city
limits is zoned City of Woodburn Single Family Residential (RS) and the
remainder of tax lot #4000 located outside of the city limits is zoned
Marion County UTF. Tax lot #4000 is currently vacant. The properties
located to the north and south of tax lot #4000 are zoned Marion County
UTF and City of Woodburn RS, designated Residential Less Than 12
Units Per Acre on the Woodburn Comprehensive Plan Map and are the
location of single family residential dwellings and vacant land. The
property located to west is zoned Marion County UTF, designated
Residential Less Than 12 Units Per Acre, Residential Greater Than 12
Units Per Acre and Open Space and Parks on the Woodburn
Comprehensive Plan Map and is the location of vacant land. The
properties located to the east are zoned City of Woodburn RS, designated
Open Space and Parks and Residential Less Than 12 Units Per Acre on
the Woodburn Comprehensive Plan and are the location of single family
residential dwellings and a well house.
Tax lot #4100 is located inside of the Woodburn city limits and is located
at 515 Settlemier Avenue. Tax lot #4100 is zoned RS and designated
Open Space and Parks on the Woodburn Comprehensive Plan. The
Woodburn Planning Commission approved a 400 square foot well house
on tax lot #4100 for municipal water supply and a variance to the street
standards on Settlemier Avenue on April 10, 2003. The well house has
already been constructed. The well house project has not received final
occupancy yet.
The applicant is proposing to adjust the property line between tax lots
#100, #4000 and #4100 to decrease the size of tax lots #100 and #4000
and increase the size of tax lot #4100. The applicant is proposing to
annex the west portion of the enlarged tax lot #4100 into the City of
Woodburn and change the zoning on this portion of the subject site from
Marion County Urban Transition Farm (UTF) to City of Woodburn Single
Family Residential (RS) Zoning District and Public and Semi-Public (P/SP)
Zoning District. The applicant is proposing the annexation of the west
portion of tax lot #4100 so that a regional storm water detention facility can
be constructed on the western portion of tax lot #4100. The properties
located to the north of the enlarged tax lot #4100 are zoned City of
Woodburn RS and Marion County UTF, designated Residential Less Than
12 Units Per Acre on the Woodburn Comprehensive Plan and are
currently vacant and the location of single family dwellings. The property
located to the west of the enlarged tax lot #4100 is zoned Marion County
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UTF, designated Residential Less Than 12 Units Per Acre, Residential
Greater Than 12 Units Per Acre and Open Space and Parks on the
Woodburn Comprehensive Plan Map, and is currently vacant. The
property located to the east of the enlarged tax lot #4100 is zoned City of
Woodburn RS, designated Residential Less Than 12 Units Per Acre and is
the location of single family dwellings. The property located to the south
of the enlarged tax lot #4100 is zoned City of Woodburn RS and Marion
County UTF, designated Residential Less Than 12 Units Per Acre and is
vacant.
A wetland channel is located on the west side of tax lot #4100. This
wetland is described in the Local Wetland Inventory (LWI) as a drainage
running southwest to northeast between Ben Brown Lane (425 feet west
of Settlemier Avenue) and Settlemier Avenue (100 feet south of Cherry
Street). The portion of this wetland channel that is located on the subject
site is between 50 feet from Settlemier Avenue on the north side of the
site to over 200 feet from Settlemier Avenue on the south side of the site.
A wetland land use notification form has been sent to the Division of State
Lands (DSL) Wetland Program. The applicant will be required to obtain
the appropriate removal-fill permits from DSL for any work done in the
wetland area.
Portions of tax lot #100, #4000 and #4100 are located within the 100 year
floodplain. The remainder of all three tax lots is located outside of the 500
year floodplain. No base flood elevation has been determined for the
portion of the tax lots within the 100 year floodplain. The Stubb Road
tributary traverses through the western portion of tax lot #4100. This
tributary is regulated by the Federal Emergency Management
Administration (FEMA) and City Ordinances. The Public Works
Department commented that a water course maintenance easement will
not be required as per Section 3.1 02.04C of the Woodburn Development
Ordinance because the City of Woodburn owns and controls tax lot #4100.
The Public Works Department further commented that after obtaining the
proper approvals and permits, the boundary or alignment of the existing
watercourse will change with the proposed detention facility improvement.
IV. RELEVANT APPROVAL CRITERIA:
Annexation 04-01:
A. WOODBURN DEVELOPMENT ORDINANCE
Section 5.104.01 Annexation
B. WOODBURN COMPREHENSIVE PLAN
Zone Chanae 04-01:
A. WOODBURN DEVELOPMENT ORDINANCE
Section 5.104.04 Zoning Map Change; Owner Initiated
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B. WOODBURN COMPREHENSIVE PLAN
PROPERTY LINE ADJUSTMENT 04-02 (Tax Lots #4000 & #4100):
A. WOODBURN DEVELOPMENT ORDINANCE
Section 2.102 Single Family Residential (RS)
Section 5.101.07 Property Line Adjustment; Consolidation of
Lots
PROPERTY LINE ADJUSTMENT 04-03 (Tax Lots #100 & #4000):
A. WOODBURN DEVELOPMENT ORDINANCE
Section 2.102 Single Family Residential (RS)
Section 5.101.07 Property Line Adjustment; Consolidation of
Lots
V. FINDINGS:
Annexation 04-01 :
A. Woodburn Development Ordinance
Section 5.104.01 Annexation:
Section 5.104.01.D Application Criteria
1. Annexation
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
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densities indicated by the Woodburn
Comprehensive Plan; or
b) Guarantee the facility linkages with
adequate capacity, financed by the
applicant.
FINDING: The applicant is proposing to adjust the property lines
between tax lots #100, #4000 and #4100 to decrease the size of
tax lots #100 and #4000 and increase the size of tax lot #4100.
The eastern portion of the enlarged tax lot #4100 is located in the
City of Woodburn. The western portion of the proposed enlarged
tax lot #4100 is located in Marion County. The city limits is
located in the middle of the enlarged tax lot #4100. The western
portion of the enlarged tax lot #4100 is contiguous to the city limits
located on the west and north sides of the subject property.
Water, wastewater and storm sewer service can be provided from
the existing sanitary sewer main traversing through the property.
The applicant is proposing to utilize the annexed portion of tax lot
#4100 for a regional storm water detention facility as specified in
the City of Woodburn's Storm Water Master Plan working
document. The storm water detention area will support growth
within the City of Woodburn. This approval criterion is satisfied.
c. Annexations shall show a demonstrated community
need for additional territory and development based
on the following considerations:
FINDING: The applicant's annexation request should
be approved because the following considerations
discussed below are met.
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...
a) Infill. The territory to be annexed
should be contiguous to the City on
two or more sides;
FINDING: The north and west sides of the
property to be annexed are contiguous to the
City.
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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: The property to be annexed will not
increase the inventory of buildable land on the
Comprehensive Plan as Low or High Density
Residential within the City to more than a 5-
year supply because a storm water detention
facility is proposed on the subject site instead
of a residential 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: The applicant states".. .the property
will be used for a storm water regional
detention facility that was identified by the City
Council as a community need in the City of
Woodburn Storm Drainage Master Plan
working document..." The Planning
Commission concurs with the applicant's
statement.
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;
FINDING: The applicant states".. .the property
will be used for a municipal facility that is part
of the adopted master plan capital
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improvement program..." The Planning
Commission concurs with the applicant's
statement.
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:
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: The applicant is proposing to utilize the annexed
portion of tax lot #4100 for a regional storm water detention facility
as specified in the City of Woodburn's Storm Water Master Plan
working document. The storm water detention area will support
future growth within the City of Woodburn.
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 utilize the annexed
portion of tax lot #4100 for a regional storm water detention facility
as specified in the City of Woodburn's Storm Water Master Plan
working document. The storm water detention area will support
future growth within the City of Woodburn.
0-3. 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.
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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 the proposed regional storm water
detention facility will help to accommodate future growth of the
City of Woodburn.
Zone Chanae 04-01 :
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: The applicant states the following:
"... The city's storm water management goals call for the city
to detain some storm water prior to discharge into the city
storm drainage system. The area to the west of the
proposed annexation is proposed for residential
development which will generate storm water flows that must
be detained prior to discharge in the city storm water system.
There are designated wetlands in the area proposed for the
zone change and there are also portions of the current storm
water system in the property proposed for the zone change.
The development of the storm water detention area will
relieve the residential property from the requirement to
construct storm water detention areas in the residentially
zoned property. Since there will be no detention areas
required as this residential property is developed, there will
be no loss of area of property available for construction.
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This property will best meet this need because of its location
in the south quadrant of the city where additional storm
water detention is required. The property is also adjacent to
2.33 acres of a city owned parcel that currently contains a
water supply well. The portion of this property not utilized for
the city water supply well will also become part of the storm
water detention area. The combined city properties are an
ideal detention area due the proximity to the existing open
drainages systems that exists on this well site property and
the property proposed for the zone change..."
The applicant is proposing to a djust the property lines between
tax lots #100, #4000 and #4100 to decrease the size of tax lots
#100 and #4000 and increase the size of tax lot #4100. The
applicant is proposing to annex the west portion of the enlarged
tax lot #4100 into the City of Woodburn and change the zoning on
this portion of the subject site from Marion County Urban
Transition Farm (UTF) to City of Woodburn Single Family
Residential (RS) Zoning District and Public and Semi-Public
(P/SP) Zoning District so that a regional storm water detention
facility can be constructed on the western portion of the enlarged
tax lot #4100. An RS zoning designation is being proposed on
the northwest corner and the southeast corner of the property to
be annexed which is consistent with the Residential Less Than 12
Units Per Acre Comprehensive Plan designation on these areas
of the subject site. A P/SP zoning designation is being proposed
on the middle portion of the subject site which is consistent with
the Open Space and Parks Comprehensive Plan map designation
on the middle of the subject site. A storm water detention facility
is a permitted use in the RS zone and the P/SP zone.
Although the applicant is requesting to change the zoning on the
subject property consistent with the Comprehensive Plan, it would
be better from a planning perspective to apply the same zone to
the entire property. This would avoid disjointed zoning of the
property. This situation was created because the location of the
Open Space and Parks Comprehensive Plan Map designation on
the subject site is ambiguous because it does not follow a precise
line. It is assumed that it follows the 1 OO-year flood line, although
that is not clearly evident. Two small areas of the subject site,
northwest and southeast corners, appear to have the Residential
Less Than 12 units Per Acre Comprehensive Plan Map
designation. It is preferable from a planning perspective to
designate the entire site with a P/SP zone since only two small
corners of the subject property appear to have the Residential
Less Than 12 units Per Acre Comprehensive Plan Map
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designation. Also, the P/SP zone designation and the proposed
use of the property is consistent with the Residential Less Than
12 units Per Acre Comprehensive Plan Map designation and a
storm water detention facility is an allowed use in both the RS and
P/SP zones.
As stated above by the applicant, the city of Woodburn storm
water management goals call for the city to detain some storm
water prior to discharge into the city storm drainage system. The
area to the west of the proposed annexation is proposed for
residential development which will generate storm water flows
that must be detained prior to discharge in the city storm water
system. There are designated wetlands in the area proposed for
the zone change and there are also portions of the current storm
water system in the property proposed for the zone change. The
development of the storm water detention area will relieve the
residential property to the west from the requirement to construct
storm water detention areas in the residentially zoned property.
Since there will be no detention areas required as this residential
property is developed, there will be no loss of area of property
available for construction.
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: The applicant states the following:
"... This property will best meet this need because of its
location in the south quadrant of the city where additional
storm water detention is required. The property is also
adjacent to 2.33 acres of a city owned parcel that currently
contains a water supply well. The portion of this property not
utilized for the city water supply well will also become part of
the storm water detention area. The combined city
properties are an ideal detention area due the proximity to
the existing open drainage systems that exists on this well
site property and the property proposed for the zone
change.. ."
The Planning Commission concurs with the applicant's statement.
This approval criterion is met.
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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 Open Space
and Parks on the Comprehensive Plan Map which is consistent
with the proposed Public and Semi-Public zone designations.
PROPERTY LINE ADJUSTMENT 04-02 (Tax Lots #4000 & #4100):
A. WOODBURN DEVELOPMENT ORDINANCE
Section 2.102 Single Family Residential (RS)
Section 2.102.01 Permitted Uses
FINDING: Tax lot #4000 is currently vacant. Tax lot #4100 is the location
of a 400 square foot well house for municipal water supply. The applicant
is not proposing development on either lot at this time. Future
development will be subject to this section of the WOO. A condition of
approval is that the future development shall comply with FEMA
requirements, City of Woodburn Ordinance regulating development within
flood plain areas, and the City of Woodburn Storm Drainage Master Plan.
This approval criterion is met.
b. 2.102.06 Dimensional Standards
The following dimensional standards shall be the minimum
requirements for all development in the RS zone.
1) Lot Standards.
Lots in an RS zone shall comply with the
standards of Table 2.1.1 and Table 2.1.2.
(See Table on the next page.)
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TABLE 2.1.1 Lot Standards for Residential Uses in an RS Zone* *EXCEPT
PUD's subject to Section 3.109
Use Type and Lot Location Minimu Minimum Avera Minimum
m Lot Lot Width ge Lot Street
Area Depth Frontage
1) Single Family
Dwelling, Site Built;
Group Home; Family
Child Day Care;
Manufactured Home,
on a Lot; &
Residential Sales
Office
6000 sq. 60 ft. 100 ft. 50 ft.
Interior Lot ft.
a) For an interior lot.
80 ft. 100 ft. 50 ft.
Corner Lot 8000 sq.
ft.
b) For a corner lot.
60 ft. at the 100 ft. Flaa lot: The
Flaa Lot**/*** or Cui de sac front driveway
Lot 6000 sq. setback access
ft. line. easement or
c) For either a flaa or cui strip of land
de sac lot. per Section
- 3.104.05.
**Flaa lot dimension and
area standards EXCLUDE Cui de sac lot:
the driveway access, per 40 feet.
Section 3.104.05.
***Within a subdivision, not
more than one (1) flag lot 100 ft.
shall be located behind
another lot as shown in 100 ft.
Figure 6.6. 10,000
sq.ft.. 50 ft.
2) Duplex Dwelling on a
Corner Lot
a) For a corner lot.
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TABLE 2.1.2
Lot Standards for Non-Residential Uses in an RS Zone
In an RS zone the lot area for a non-residential use shall be adequate to contain
all structures within the required setbacks. There shall be no minimum width
or depth.
FINDING: The applicant is proposing to decrease the size of tax lot #4000 from
15.28 acres to 13.28 acres and increase the size of tax lot #4100 from 2.33 to
4.33 acres. Tax lot #4000 is currently vacant and subject to the lot standards of
Table 2.1.1. Tax lot #4000 will be 13.28 acres in area after the proposed
property line adjustment with a minimum lot width of 512 feet and lot depth of
over 600 feet which meets the 6,000 square foot minimum lot area, 60 foot
minimum lot width and 100 foot average lot depth requirements.
Tax lot #4100 has a well house constructed on it, which is a non-residential use,
so it is subject to the lot standards in Table 2.1.2. Table 2.1.2 requires that the
lot area for a non-residential use shall be adequate to contain all structures within
the required setbacks. There is no minimum lot width or depth. Tax lot #4100 will
be 4.33 acres in area after the proposed property line adjustment with a minimum
lot width of over 150 feet and lot depth of over 1200 feet. The existing well house
is set back 70 feet from the centerline of Settlemier Avenue which meets the 57
foot special setback required from the centerline of Settlemier Avenue. The well
house is located 110 feet from the north (side) property line and 45 feet from the
south (side) property line which exceeds the required 5 foot minimum side yard
setback. The well house is located over 1000 feet from the adjusted west (rear)
property line which meets the 24 foot minimum rear yard setback requirement.
Thus, the proposed lot area of tax lot #4100 is adequate to contain the existing
well house. No development on tax lots #4000 and #4100 are proposed at this
time. The applicant has shown compliance with this approval criteria.
Section 2.102.07 Development Standards
All development in the RS zone shall comply with the applicable
provisions of the WDO. The following standards specifically apply to
uses in the RS zone.
H. Property Disposition.
All uses shall be established and conducted on lots of
record, as defined by Section 1.102 and developed to
the public facility and access standards of Sections
3.101,3.102 and 3.104. No more than one primary
building shall be located on a lot.
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2. Alteration of the property lines of existing
lots of record shall be subject to the
applicable following standards and
procedures:
a. Property Line Adjustment, Section
5.101.07.
FINDING: Tax lot #4000 and tax lot #4100 are separate lots of
record. The applicant is proposing to alter the property line
separating the two parcels in order to increase the size of tax lot
#4100 to allow for the development of a future storm water
detention facility. Compliance with Section 5.101.07 will be
reviewed below. The proposal meets this criterion.
Section 5.101.07 Property Line Adjustment; Consolidation of Lots
C. Criteria.
1. The lot area, depth, width, frontage, building
setbacks, vehicular access and lot coverage shall
comply with the standards of the WDO;
FINDING: The lot area, width and depth of the adjusted tax
lot #4000 have already been discussed in this report. The
lot area, width, depth and building setbacks for tax lot #4100
have already been discussed in this report. Tax lot #4000
has 350 feet of frontage on Ben Brown Lane and tax lot
#4100 has approximately 171 feet of frontage on Settlemier
Avenue which meets the 50 foot minimum street frontage
requirement. Tax lot #4000 is currently vacant so the
building setbacks, vehicular access and lot coverage
requirements do not apply to this lot at this time. The well
house located on the enlarged tax lot #4100 covers .2% of
the site which complies with the 40% maximum lot coverage
requirement. A 26 foot wide minimum driveway access on
Settlemier Avenue was a condition of approval of the well
site on tax lot #4100. The applicant will be required to meet
this requirement prior to final occupancy of the well site. All
of the standards listed above have been met as discussed in
this report. This approval criterion has been met.
2. The existing land use and development on the
subject property shall comply with the
requirements of prior land use actions; and
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FINDING: There are no prior land use actions on tax lot
#4000. The Woodburn Planning Commission a pproved a
400 square foot well house on tax lot #4100 for municipal
water supply and a variance to the street standards on
Settlemier Avenue on April 10, 2003. The well house has
already been constructed. The well house project has not
received final occupancy yet. The requirements of this
previous land use approval will be met prior to final
occupancy of the well house.
3. The buildings and structures abutting the
adjusted property lines shall comply with state
building code and fire code with respect to the
current occupancy.
FINDING: There are no buildings or structures on tax lot
#4000. The well house located on tax lot #4100 will be
located over 1000 feet from the adjusted west (rear) property
line which far exceeds the 24 foot minimum rear yard
setback requirement specified in the WDO. This approval
criterion is met.
4. Property line adjustments shall be surveyed and
monumented to the requirements set forth in ORS
Chapters 92 and 209, and certified and recorded
by the County Surveyor.
FINDING: The applicant will be required to meet these
requirements at the time of the preparation and recordation
of the plat.
PROPERTY LINE ADJUSTMENT 04-03 (Tax Lots #100 & #4000) :
A. WOODBURN DEVELOPMENT ORDINANCE
Section 2.102 Single Family Residential (RS)
Section 2.102.01 Permitted Uses
FINDING: Tax lots #100 and #4000 are currently vacant. The applicant is
not proposing development on either lot at this time. Future development
will be subject to this section of the WOO. A condition of approval is that
the future development shall comply with FEMA requirements, City of
Woodburn Ordinance regulating development within flood plain areas, and
the City of Woodburn Storm Drainage Master Plan. This approval criterion
is met.
,...' .,.
b. 2.102.06 Dimensional Standards
The following dimensional standards shall be the minimum
requirements for all development in the RS zone.
1) Lot Standards.
Lots in an RS zone shall comply with the
standards of Table 2.1.1 and Table 2.1.2.
(See table on the next page)
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TABLE 2.1.1 Lot Standards for Residential Uses in an RS Zone* *EXCEPT
PUD's subject to Section 3.109
Use Type and Lot Location Minimu Minimum Avera Minimum
m Lot Lot Width ge Lot Street
Area Depth Frontage
1) Single Family
Dwelling, Site Built;
Group Home; Family
Child Day Care;
Manufactured Home,
on a Lot; &
Residential Sales
Office
6000 sq. 60 ft. 1 00 ft. 50 ft.
Interior Lot ft.
a) For an interior lot.
80 ft. 100 ft. 50 ft.
Corner Lot 8000 sq.
ft.
b) For a corner lot.
60 ft. at the 100 ft. Flaa lot: The
Flaa Lot**I*** or Cui de sac front driveway
Lot 6000 sq. setback access
ft. line. easement or
c) For either a flaa or cui strip of land
de sac lot. per Section
- 3.104.05.
**Flaa lot dimension and
area standards EXCLUDE Cui de sac lot:
the driveway access, per 40 feet.
Section 3.104.05.
***Within a subdivision, not
more than one (1) flag lot 100 ft.
shall be located behind
another lot as shown in 100 ft.
Figure 6.6. 10,000
sq.ft.. 50 ft.
2) Duplex Dwelling on a
Corner Lot
a) For a corner lot.
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TABLE 2.1.2
Lot Standards for Non-Residential Uses in an RS Zone
In an RS zone the lot area for a non-residential use shall be adequate to contain
all structures within the required setbacks. There shall be no minimum width
or depth.
FINDING: The applicant is proposing to decrease the size of tax lot #100 from
145.9 acres to approximately 144.9 acres and increase the size of tax lot #4000
from 8.41 acres to 9.41 acres. Tax lots #100 and #4000 are currently vacant and
subject to the lot standards of Table 2.1.1. Tax lot #100 will be 144.9 acres in
area after the proposed property line adjustment with a minimum lot width of
approximately 300 feet and lot depth of over 2600 feet which meets the 6,000
square foot minimum lot area, 60 foot minimum lot width and 100 foot average lot
depth requirements. Tax lot #4000 will be increased in size form 15.28 acres to
16.28 acres in area after the proposed property line adjustment with a minimum
lot width of 512 feet and lot depth of over 600 feet which meets the 6,000 square
foot minimum lot area, 60 foot minimum lot width and 100 foot average lot depth
requirements. No development on tax lots #100 and #4000 are proposed at this
time. The applicant has shown compliance with this approval criteria.
Section 2.102.07 Development Standards
All development in the RS zone shall comply with the applicable
provisions of the WOO. The following standards specifically apply to
uses in the RS zone.
H. Property Disposition.
All uses shall be established and conducted on lots of
record, as defined by Section 1.102 and developed to
the public facility and access standards of Sections
3.101,3.102 and 3.104. No more than one primary
building shall be located on a lot.
2. Alteration of the property lines of existing
lots of record shall be subject to the
applicable following standards and
procedures:
a. Property Line Adjustment, Section
5.101.07.
FINDING: Tax lot #100 and tax lot #4000 are separate lots of
record. The applicant is proposing to alter the property line
separating the two parcels in order to increase the size of tax lot
TT
#4000. Compliance with Section 5.101.07 will be reviewed below.
The proposal meets this criterion.
Section 5.101.07 Property Line Adjustment; Consolidation of Lots
C. Criteria.
1. The lot area, depth, width, frontage, building
setbacks, vehicular access and lot coverage shall
comply with the standards of the WDO;
FINDING: The lot area, width, and depth for tax lots #100
and #4000 have already been discussed in this report. Both
parcels are currently vacant so setback, lot coverage, and
vehicular access requirements do not apply at this time. Tax
lot #100 has over 2000 feet of frontage on Parr Road, 60
feet of frontage on Smith Drive, 60 feet of frontage on Austin
Avenue, 60 feet of frontage on De Santis Drive and over
1300 feet of frontage on Stubb Road which meets the 50
foot minimum street frontage requirement. Tax lot #4000
has 350 feet of frontage on Ben Brown Lane which meets
the 50 foot minimum street frontage requirement. All of the
standards listed above have been met as discussed in this
report. This approval criterion has been met.
2. The existing land use and development on the
subject property shall comply with the
requirements of prior land use actions; and
FINDING: There are no prior land use actions on tax lots
#100 and #4000.
3. The buildings and structures abutting the
adjusted property lines shall comply with state
building code and fire code with respect to the
current occupancy.
FINDING: Tax lots #100 and #4000 are currently vacant.
This approval criterion is met.
4. Property line adjustments shall be surveyed and
monumented to the requirements set forth in ORS
Chapters 92 and 209, and certified and recorded
by the County Surveyor.
.,.,.. .''1'"
FINDING: The applicant will be required to meet these
requirements at the time of the preparation and recordation
of the plat.
VI. CONCLUSION:
Based on the findings of fact contained herein all relevant approval criteria
relating to approval of Annexation 04-01, Zone Change 04-01, Property
Line Adjustment 04-02 and Property Line Adjustment 04-03 have been
satisfied.
,.,...' ~ ..
EXHIBIT "0"
CONDITIONS OF APPROVAL
ANNEXATION 04-01, ZONE CHANGE 04-01, PROPERTY LINE
ADJUSTMENT 04-02 AND PROPERTY LINE ADJUSTMENT 04-03 :
1. The subject property shall be annexed into the City of Woodburn prior
to recordation of the property line adjustments.
2. The zone change changes the zoning of the subject property from
Marion County UTF to City of Woodburn P/SP as shown on Exhibit
"S"a
3. The property line adjustment plat shall be in substantial conformance
with the submitted property line adjustment plan provided as Exhibit
"0" (date stamped June 16, 2004), except as modified by the
conditions of approval contained herein.
4. The applicant shall submit a copy of the survey and map indicating the
adjusted property line to the City's Planning ~ivision for approval prior
to recordation with Marion County. Following recordation with Marion
County, provide (2) two copies of the final plat to the City's Planning
~ivision prior to the issuance of a building permit.
5. The property line adjustment shall comply with the surveying and
monumenting requirements in ORS 209.250, and the survey shall be
filed with the Marion County Surveyor a nd shall contain the notation
that it is the result of Property Line Adjustments, Case File Nos. PLA
04-02 & PLA 04-03.
6. Future development shall comply with FEMA requirements, City of
Woodburn Ordinance regulating development within flood plain areas,
and the City of Woodburn Storm Drainage Master Plan.
7. The property owner/applicant shall submit to the Community
Development Department a signed "Acceptance of Conditions"
agreeing to all conditions of approval prior to City approval of the final
property line plat.
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