Ord 2252 - Annex North Sd Aztec
COUNCIL BILL NO. 2012
ORDINANCE NO. 2252
AN ORDINANCE ANNEXING INTO THE CITY OF WOODBURN 1.32 ACRES OF
PROPERTY LOCATED EAST OF HIGHWAY 99E ON THE NORTH SIDE OF AZTEC
DRIVE; AMENDING THE CITY OF WOODBURN ZONING MAP FROM MARION
COUNTY "URBAN TRANSITION FARM" (UTF) TO CITY OF WOODBURN "SINGLE
FAMILY RESIDENTIAL" (RS); APPROVING THE PRELIMINARY SUBDIVISION
PLAT OF SAID PROPERTY; AND GRANTING A VARIANCE FROM THE LOT
COVERAGE STANDARD FOR ACCESSORY STRUCTURES IN A REAR YARD;
SUBJECT TO THE STANDARDS AND CONDITIONS IMPOSED BY THE
WOODBURN PLANNING COMMISSION AS MODIFIED BY THE CITY COUNCIL;
AND DECLARING AN EMERGENCY.
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 in Annexation Case
No. 99-03, Zone Map Amendment Case No. 99-04, Subdivision Case No. 99-03, and Variance
Case No. 99-10 and considered all public testimony previously presented; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. That the subject property is owned by Gene A. Koffler and Peter S.
Bagdanoff, and is legally described in Attachment "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 Attachment "B" and is by this reference incorporated herein.
Section 3. That based upon the Findings in Support, which is affixed hereto as
Attachment "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 Attachment "A" to this Ordinance from Marion County "Urban Transition Farm"
(UTF) to City of Woodburn "Single Family Residential" (RS) based upon the Findings in
Support, which is affixed hereto as Attachment "C".
Section 5. That the preliminary subdivision plat of said property is approved based upon
the Findings in Support, which is affixed hereto as Attachment "C".
Page 1 - COUNCIL BILL NO. 2012
ORDINANCE NO. 2252
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Section 6. That the application allowing a Variance to the lot coverage standard for
accessory structures in a rear yard is approved based upon the Findings in Support, which is
affixed hereto as Attachment "C".
Section 7. That the land use applications approved by Sections I through 6 herein are
subject to the conditions contained in Attachment "D", which is affixed hereto and incorporated
herein, which the Council finds reasonable.
Section 8. That 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.
APprovedastoformm ,'Y"'Q- f)/n J~-t -qt)
City Attorney Date
Approved: ~
Richard Jennings, Ma r
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST 1~i~er
City of Woodburn, Oregon
December 13, 1999
December 14. 1999
December 14, 1999
December 14. 1999
Page 2 - COUNCIL BILL NO. 2012
ORDINANCE NO. 2252
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ATTACH~ENT
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Legal Description: Tax ldts 4400,4500,4600
EXHIBIT "I"
A parcel of land situate in the N. W. 1/4 Section 17 , Township 5 South; Range 1 West of
the Willamette Meridian, City of Woodburn, Marion County, Oregon, said parcel is more
particularly described as follows
Parcel 1:
Beginning at and iron rod which is 6.147 chains North 8ye 00' East and 34.135 chains
North 320 21' East and 401.94 feet South 890 11' East and 338.57 feet South 010 51' East
from the southwest corner;of the E.C. Cooley Donation Land Claim in section 17, Township
5 South, Range 1 West of the Willamette Meridian in Marion County Oregon, said point of
beginning being the southwest corner of that certain tract of land conveyed to Quentin
Hollars, et ai, by deed recorded in Volume 595, Page 811, Deed Records for Marion County,
Oregon; and running the~ce South 890 11' East, along the south line of said Hollars tract,
256.74 feet to an iron rod +t the southeast corner thereof; thence North 010 51' West, along
the east line of said Hollars tract, 140.00 feet to an iron rod; thence North 890 11' West,
256.74 feet to an Iron rod!in the west line of said Hollars tract; thence South 010 51' East,
140.00 feet to the point of beginning.
,
Parcel 2:
Beginning at a point ion the West boundary of that tract of land deeded to Isabell M.
Duke and Doris Antonia Perez by deed recorded in Reel 22, Page 1296, Marion County
Deed Records at a point ~.571 chains South of the Northwest corner of said tract of land;
thence running South 10 3W East 2.571 chains to the south boundary of said tract of land, at
a point 5.835 chains Nortl, 880 32' West from the southeast corner of said tract of land;
thence South 880 32' East along the south boundary of said tract of land 1.945 chains;
thence North 10 34' West ~.571 chains to a point on the East boundary of said tract of land
at a point at a point 2.571lchains South of the northeast corner of said tract of land; thence
North 880 32' West 1.945 chains to the place of beginning.
Said Parcel contains 1.32 Acres more or less.
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ATTACHMENT C
Page -L of 1'1
FINDINGS IN SUPPORT
ANNEXATION 99-03, ZONE MAP AMENDMENT 99-04, SUBDIVISION 99-03, AND
VARIANCE 99-10
I. RELEVANT FACTS:
1. The subject property consists of approximately 1.32 acres and is located
on the north side of Aztec Drive east of Highway 99E. The property is
bounded by the City Limits on the south, east and west sides. The
property is identified specifically as Tax Lots 4400,4500,4600 in T5S,
R 1 W, Section 17BA.
2. The subject property is designated for residential development < 12 units
per acre by the Woodburn Comprehensive Plan. The property is currently
zoned "Urban Transition Farm" (UTF) by Marion County. The UTF zone
is applied to land outside of the city, within the Urban Growth Boundary
(UGB), to ensure that it remains undeveloped until annexation to the city
for development at urban densities.
3. The subject property is currently developed with an existing shop building
located at the northwest corner of the site. The size of the building is
approximately 1,695 square feet.
4. Surrounding zoning and land use:
North: Zoned UTF (outside City Limits) and developed with single
family residences.
South: Zoned RS and developed with single family residences.
East: Zoned RS and developed with a single family residence.
West: Zoned CR (Retail Commercial) and developed with a
duplex.
5. General description of the area:
a) Topography - generally level.
b) Vegetation - field with grasses, weeds and a few trees.
c) Drainage - generally sheet flow with no delineated channels.
d) Flood area - there are no flood plains within the immediate area.
e) Utilities - sewer, water and other utilities exist in Aztec Drive
adjacent to the site.
6. Schools: The nearest school is Washington Elementary located
approximately % mile from the site. The Woodburn School District uses a
ratio of .54 students per dwelling to determine the number of students a
subdivision could generate. Based on this formula, the proposed 6 lots
Findings in Support of ANX 99-03, ZC 99-04, SUB 99-03, VAR 99-10
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would generate approximately 3 students.
7. Park and Recreation Facilities: The project does not include any parks or
open space.
8. No topographical or environmental constraints have been identified on the
subject property.
II. APPLICABLE APPROVAL CRITERIA:
A. Woodburn Comprehensive Plan:
Chapter IX. Goals and Policies:
A. Residential Land Development Policies
D. Annexation Policies
G. Housing Goals and Policies
H. Public Services Goals and Policies
K. Transportation Goals and Policies
M. Growth and Urbanization Policies
B. Woodburn Zoning Ordinance:
Chapter 8 General Standards
Chapter 9 Residential Standards
Chapter 10 Off Street Parking, Loading and Driveway Standards
Chapter 13 Variance Procedures
Chapter 15 Zone Change
Chapter 22 Single Family Residential District
Chapter 39 Mandatory Parkland Dedication or Cash-in-Iieu of
C. Woodburn Subdivision Ordinance
D. Woodburn Transportation System Plan
E. Woodburn Access Management Ordinance
III. FINDINGS:
A. Woodburn Comprehensive Plan - Chapter IX. Goals and Policies:
Residential Land Development Policies (IX-A):
A-1. Residential areas should be designed around a neighborhood.
Neighborhoods should be an identifiable unit bounded by
arterial non-residential uses, or natural features of the terrain.
Findings in Support of ANX 99-03, ZC 99-04, SUB 99-03, VAR 99-10
Page 2
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ATTACHMENT C
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The neighborhood should have a community facility, such as a
school, park, or privately owned community facility to allow
for interaction within the neighborhood.
FINDING: The proposed subdivision will not create a neighborhood
but will become part of the existing and developing neighborhood
in the area. The applicant is proposing no specific community
facility due to the very small scale of the 6-lot subdivision. The
proposal complies with this policy.
A-2 Living Environment - Developments in residential area be
constructed in such a way that they will not seriously
deteriorate over time. Zoning ordinances should be strictly
enforced to prevent encroachment of degrading non-
residential uses. Construction standards in the state Building
Code shall be vigorously enforced, and if necessary,
additional standards the City determines should be imposed
to insure non-degrading housing units, should be encouraged
by the City.
FINDING: The proposed subdivision is designed in compliance
with the City of Woodburn Zoning Ordinance and all other
applicable ordinances. Additionally, the City of Woodburn's
building permit process will assure that the buildings built within
this development are established in compliance with applicable
City standards and the state of Oregon Building codes. These
factors combined will ensure that the proposed development is a
quality living environment, and that the development will not
seriously deteriorate over time. The proposal complies with this
policy.
A-3 Development should promote, through the use of moderate
density standards and creative design, a feeling of openness
and spaciousness with sufficient landscaped area and open
space to create a pleasant living environment.
FINDING: The proposed subdivision, due to its small size, will not
Include any open space. However, the subdivision will be
developed with lots that exceed the minimum 6,000 square foot lot
size. The proposed lots will range from 7,791 square feet to
10,238 square feet. The relatively large size of the lots will
contribute to a feeling of openness and spaciousness which will
enhance the living environment in the area. The proposal complies
Findings in Support of ANX 99-03, ZC 99-04, SUB 99-03, VAR 99-10
Page 3
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with this policy.
A-5 Residential developments should strive for creative design
which will maximize the inherent values of the land being
developed and encourage slow moving traffic. Each
residential development should provide for landscaping and
tree planting to enhance the livability and aesthetics of the
neighborhoods.
FINDING: The design of the proposed subdivision is limited by
existing street improvements in the area and by the size and shape
of the property. The relatively large lots will provide ample yard
areas for landscaping to enhance the livability and aesthetics of
the neighborhood. The proposal complies with this policy.
Annexation Policies (IX-D):
D-1 Annexation policies are extremely important for the City.
While it is important that enough land is available for the
necessary development anticipated in the City of Woodburn, it
is also essential to prevent too much land being included in
the city limits as this leads to inefficient, sprawling
development. Because of the need to plan for public
improvements, the City should insure that there is a five year
supply of vacant land within the City. Services should be
provided to that land during that five year period.
FINDING: The Urban Growth Boundary was adopted in 1980. This
boundary designates areas outside Woodburn's City Limits that
could be annexed to accommodate growth to the year 2000. The
annexation of this land is to accommodate the growth demands of
the City in a timely manner. The subject property is contiguous to
the current city limits line on the east, west and south. Because
the site is almost an island surrounded by the city, because city
facilities are adjacent, and because there is urban development on
all sides of it, it cannot be considered "sprawling". The proposal
complies with this policy.
Housing Goals and Policies (IX-G):
G-1-1 The City will insure that sufficient land is made available to
accommodate the growth of the City. This requires that
sufficient land for both high density and low density
Findings in Support of ANX 99-03, ZC 99-04, SUB 99-03, VAR 99-10
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residential developments is provided within the confines of
the growth and development goals of the City...
FINDING: Lands within the urban growth boundary and outside of
the city limits are available for development. The subject property
has been planned for residential development. Market conditions
and supply of developable land dictate what parcels within the
city's planning area are developed. The proposal complies with
this policy.
G-1-2 It is the policy of the city to encourage a variety of housing
types to accommodate the demands of the local housing
market.
FINDING: The proposed subdivision is being proposed in response
to local housing market demand for single family residences.
Public Services Goals and Policies (IX-H):
H-1 Public Facilities and services shall be appropriate to support
sufficient amounts of land to maintain an adequate housing
market in areas undergoing development or redevelopment.
FINDING: Sewer, water, and storm drain lines are available to the
property. It will be the responsibility of the developer to construct
the infrastructure that is needed for this development to occur. All
sizing and location will be subject to review and approval by the
Public Works Department.
Transportation Goals and Policies (IX-K):
FINDING: Transportation policies are implemented through the
Woodburn Transportation System Plan and Woodburn Access
Management Ordinance.
Growth and Urbanization Policies (IX-M):
FINDING: The developer will be required to pay systems
development charges for their impact on City infrastructure. The
City of Woodburn and Marion County have maintained a process
for providing an exchange of information relative to the proposed
annexation. A comment form and the application materials were
forwarded to Marion County so that they would have the
Findings in Support of ANX 99-03, ZC 99-04, SUB 99-03, VAR 99-10
Page 5
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opportunity to review and comment on the annexation as part of
the application review process. Marion County has not submitted
comments for this proposal. Once the annexation takes place, the
property will fall under the City's jurisdiction.
The conversion of land within the urban growth boundary to a land
use that is planned and anticipated by the city's comprehensive
plan, subject to public facility improvements and other standards, is
acknowledged by the state and therefore conforms with the
statewide planning goals. The proposal complies with the policy
encouraging in-fill development of developed areas before
conversion of urbanizable areas in that the proposed subdivision is
adjacent to existing uses developed at urban densities.
B. Woodburn Zoning Ordinance:
1. Chapter 8 General Standards
FINDING: Section 8.010 requires through streets to have a
minimum right-of-way width of 60 feet. Aztec Drive currently has a
right-of-way width of 50 feet with 30 feet provided on the south side
of the centerline. A condition of approval requires an additional 1 0
feet of right-of-way be dedicated. The area to be dedicated is
shown on the preliminary map.
The proposal complies with all other general standards including
the requirement that all dwellings be accessible to public streets.
All lots will have frontage on an existing public street.
2. Chapter 9 Residential Standards
FINDING: Section 9.020 restricts lot coverage by accessory
structures to no more than 25% of the rear yard. Lot 1 shown on
the preliminary subdivision map is proposed to contain an existing
shop building. The shop building is approximately 1,695 square
feet in size and falls under the definition of an accessory structure
which is defined as, "A detached subordinate structure or building,
the use of which is incidental to that of the main building or to the
use of the land." The intended primary use of the land is for a
single family residence. The shop building will cover more than
25% of the rear yard area of Lot 1 if a future dwelling exceeds a
depth of 21 feet, assuming compliance with the required 20 foot
front yard setback. The applicant does not believe that it is
Findings in Support of ANX 99-03, ZC 99-04, SUB 99-03, VAR 99-10
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feasible to construct a dwelling with only 21 feet of depth.
Accordingly, the applicant has applied for a variance to allow the
shop building to cover more than 25% of the rear yard area and
proposes a dwelling footprint that is 50 feet deep. This will result
in the shop building covering approximately 37% of the rear yard
area.
Section 9.030 limits the height of accessory structures to a
maximum of 8 feet at the lot line and increases this limit one foot
for each foot set back from the lot line up to a maximum height of
15 feet. The shop building is set back 10 feet from the rear lot line
which will allow a height of 15 feet. The shop building is 15 feet in
height which complies with this standard.
Section 9.050 requires accessory structures to be set back a
minimum of 5 feet from side lots lines. The side yard setback of
the shop building exceeds this requirement.
The proposed lots in the subdivision are all of sufficient size and
dimensions to allow a typical dwelling to be placed in conformance
with all setback requirements.
3. Chapter 10 Off Street Parking, Loading & Driveway Standards
FINDING: Each lot in the proposed subdivision is configured to
provide for direct driveway access to Aztec Drive in conformance
with City driveway standards.
4. Chapter 13 Variance Procedure
Section 13.010. Power to Grant Variances. Subject to the
restriction and provisions contained in this Ordinance, the
Planning Commission shall have the power to vary or modify
the strict application of any of the regulations or provisions of
this Ordinance in any case where such strict application would
result in practical difficulties or unnecessary hardships with
reference to requirements governing lot area, lot width,
percentage of lot coverage and number of dwelling units or
structures permitted on a lot, height of structures, location,
yards, signs, parking and loading space, vision clearance and
use of property.
The power provided herein to the Planning Commission to
Findings in Support of ANX 99-03, ZC 99-04, SUB 99-03, VAR 99-10
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grant Variances from the strict application of the provisions of
this Ordinance shall be used sparingly, within the limits
granted the Planning Commission, within the spirit and intent
of this Ordinance, and applied reasonably to maintain and not
abolish the distinctive classifications created by the
Ordinance.
FINDING: The applicant is requesting a variance from the
maximum rear yard coverage requirement of 25% for accessory
structures. Lot 1 shown on the preliminary subdivision map is
proposed to contain an existing shop building. The shop building
is approximately 1,695 square feet in size. The shop building will
cover more than 25% of the rear yard area of Lot 1 if a future
dwelling exceeds a depth of 21 feet, assuming compliance with the
required 20 foot front yard setback. The applicant does not believe
that it is feasible to construct a dwelling with only 21 feet of depth.
The applicant proposes a dwelling footprint that is 50 feet deep
which will result in the shop building covering approximately 37%
of the rear yard area. The Planning Commission has the authority
to approve, modify or deny the applicant's request.
Section 13.020 Conditions for Granting a Variance. The
Planning Commission may permit and authorize a Variance
when it appears for the application, or the facts presented at
the public hearing, or by investigation:
(a) That there are unnecessary, unreasonable hardships or
practical difficulties which can be relieved only by
modifying the literal requirements of the Ordinance.
FINDING: The applicant states that "the costs involved in removing
the building could make the value in the lot considerably less and
actually the building could be of considerable value to a hobbyist."
In order to construct a dwelling on Lot 1 (as currently configured) it
will be necessary to construct one with a depth of 21 feet or less,
or, the shop building would need to be removed or reduced in size
so that it occupies no more than 25% of the rear yard.
Constructing a dwelling with a depth of 21 feet, while feasible, is
not practical. According to the City Building Inspector home plans
are typically at least 24 feet in depth. Another alternative would be
to require that Lot 1 be increased in size to remove the need for a
variance. This would be difficult to do without adversely impacting
the configuration of the entire subdivision since Lots 2, 3 and 4 are
Findings in Support of ANX 99-03, ZC 99-04, SUB 99-03, VAR 99-10
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the minimum width of 60 feet and there is a jog in the lot line
between Lots 4 and 5. Lot 1 has already been configured to
maximize its width to accommodate the shop building.
Because a dwelling with a 24 foot depth is the minimum practical
standard and because the lot is relatively large (9,965 square feet),
allowing a greater depth can be justified. Therefore, there is an
unreasonable hardship or practical difficulty applicable to this
situation which only can be relieved by modifying the rear yard
coverage requirement. The question is how much of a modification
is necessary? The applicant's request to allow a dwelling with a 50
foot depth would result in a rear yard coverage of 37%. This is an
increase of 12% which is almost 1 % times the amount allowed by
code. This is excessive. An increase of 5% (30% coverage) is
more reasonable. This would allow a dwelling depth of 36 feet
which is sufficient depth to construct a typical dwelling and will
minimize the magnitude of the variance in relationship to the
perceived hardship.
(b) That there are exceptional or extraordinary
circumstances or conditions applying to the land,
buildings, or use referred to in the application, which
circumstances or conditions do not apply generally to
land, buildings, or uses in the same District; however,
non-conforming land uses or structures in the vicinity
shall not in themselves constitute such circumstances
or conditions.
FINDING: The exceptional condition that applies to the subject
property which does not generally apply to properties in the same
district is the fact that the subject property has an existing large
accessory building on it and other properties generally do not.
(c) That granting the application will not be materially
detrimental to the public welfare or be injurious to
property or improvements in the neighborhood of the
premises.
FINDING: The requested variance will not be materially detrimental
to the public welfare or be injurious to property or improvements in
the neighborhood in that a small change in the coverage of the rear
yard not be noticeable to neighbors.
Findings in Support of ANX 99-03, ZC 99-04, SUB 99-03, VAR 99-10
Page 9
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(d) That such Variance is necessary for the preservation
and enjoyment of the substantial property right of the
petitioner.
FINDING: The substantial property right of the petitioner in this
application is the right to allow an existing accessory building to
remain on the site. It is considered unreasonable to require
removal or reduction of a building, especially one which still has
significant value, that will otherwise conform to all City codes and
ordinances.
(e) That the granting of the application will not, under the
circumstances of the particular case, adversely affect
the health or safety of persons working or residing in
the neighborhood of the property of the applicant.
FINDING: Based on earlier findings, and a review of the proposed
subdivision, no health or safety impacts will result from the
granting of this minor variance to the rear yard coverage
requirements.
(f) That the granting of the application will be in general
harmony with the intent and purpose of this ordinance
and will not adversely affect any officially adopted
Comprehensive Plan.
FINDING: The general purpose of the zoning ordinance and of the
lot coverage requirement is to ensure that development does not
block light and air movement, overburden public facilities, create a
safety hazard, or lack sufficient open space and recreation for the
residents of the city. The minor variance requested will be in
general harmony with the intent and purpose of the zoning
ordinance. The granting of such a minor variance will not
adversely affect implementation of the Comprehensive Plan.
However, to ensure that the building is used in a way consistent
with the RS zone, the use of the shop building shall be limited to
uses allowed in the RS zone and not be used for commercial or
industrial purposes.
Section 13.090. Variance Right Must be Exercised to be
Effective. Variances granted under this Ordinance shall be
effective only when the exercise of the right granted
thereunder shall be commenced within six months from the
Findings in Support of ANX 99-03, ZC 99-04, SUB 99-03, VAR 99-10
Page 10
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effective date of that Variance, unless a longer period is
specified or thereafter allowed by the Planning Commission.
The applicant requests that if the variance is granted that it be
effective for one year. Inasmuch as the variance is linked to a
subdivision proposal, it is reasonable to allow one year for the
variance to be exercised since 6 months may not be sufficient time
to record the final subdivision plat and obtain a building permit for
a dwelling on Lot 1. Obtaining a building permit for Lot 1 would be
necessary in order to exercise the variance approval.
5. Chapter 15 Zone Change Procedure
FINDING: When property is annexed into the City the property
must be rezoned from the County zoning to the City zoning. The
zone change is necessary to reclassify the subject property from
the current zoning of "Marion County Urban Transition Farm
(UTF)" to the City RS (Single Family Residential) zone. The RS
zone conforms to the Woodburn Comprehensive Plan designation
for the property which is Residential <12 units per acre.
6. Chapter 22 RS Single Family Residential District
FINDING: The applicant's request for approval of a subdivision and
variance are subject to City Council approval of an annexation and
a zone change from County UTF to City Single Family Residential
District (RS).
Section 22.010 allows single family dwellings and accessory
buildings as permitted uses.
All proposed lots are of sufficient size and dimension to
accommodate front, rear and side yard setback requirements. All
proposed lots will exceed the minimum required area of 6,000
square feet and meet or exceed the minimum required width of 60
feet.
7. Chapter 39 Mandatory Parkland Dedication or Cash-in-Iieu-of
FINDING: The System Development Charge for park purposes is
$483 per lot. A condition of approval specifies that the applicant
shall pay the required parks systems development charges in full,
or on a per-lot basis as building permits are issued.
Findings in Support of ANX 99-03, ZC 99-04, SUB 99-03, VAR 99-10
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C. Woodburn Subdivision Standards
1. Section 6(2):
No tentative plan for a proposed subdivision and no tentative
plan for a proposed partition and replat shall be approved
unless:
1. The streets and roads are laid out so as to conform to
the plans of subdivisions and partitions already
approved for adjoining property as to width, general
direction and in all other respects unless the City or
County determines it is in the public interest to modify
the street or road pattern.
FINDING: All proposed lots will front on Aztec Drive which
is a public street that has been improved with pavement,
curb and gutter. The planned right-of-way width of Aztec
Drive is 60 feet. The portion of the right-of-way in front of
the proposed subdivision is only 20 feet wide from
centerline. An additional 10 feet shall be dedicated to the
City. Sidewalks are required and shall be installed at the
time each lot is developed. Sidewalks shall be
constructed adjacent to property lines and one street tree
per lot provided in the parkway strip.
2. Streets and roads held for private use are clearly
indicated on the tentative plan and all reservations or
restriction relating to such private roads and streets
are set forth thereon.
FINDING: No private roads or easements are proposed
with this application.
3. The tentative plan complies with the applicable zoning
ordinances and regulations and the ordinances or
regulations adopted under ORS 92.044 that are then in
effect for the City.
FINDING: The tentative plan complies with applicable
zoning, subdivision, and access management ordinances
of the City and with applicable regulations adopted under
Findings in Support of ANX 99-03, ZC 99-04, SUB 99-03, VAR 99-10
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ORS 92.044 as discussed in these findings.
2. Section 7 Procedure For Subdivisions
FINDING: Sufficient information has been submitted by the
applicant to adequately review the proposed subdivision.
3. Section 12 (A) General Street Standards
FINDING: Aztec Drive is an existing improved street right-of-way
and provides street access to the proposed lots. The planned
right-of-way width of Aztec Drive is 60 feet. The portion of the
right-of-way in front of the proposed subdivision is only 20 feet
wide from centerline. An additional 1 0 feet shall be dedicated to
the City. Sidewalks are required and shall be installed at the time
each lot is developed.
4. Section 13 (B) Lots:
All lots shall have a minimum size of the zoning district in
which they are located. In cul-de-sacs the minimum lot line
fronting the turnaround shall be 40 feet... and in no case
shall the lot width be less than 60 feet at the buildina
line... The minimum size for various types of lots shall be
given in the following table:
Tvpe of Lot
Corner lot
Interior lot (fronting one street)
Flag Lot
Double Frontage (fronting two streets)
Minimum Width
80 feet
60 feet
30 feet
60 feet
FINDING: All lots in the proposed subdivision will meet the
minimum lot area and width standards.
D. Woodburn Transportation System Plan (TSP)
FINDING: Aztec Drive is classified as a local residential street on the
TSP. The policies and recommendations of the TSP are implemented
through the Woodburn Zoning, Subdivision, and Access Management
Ordinances. The proposed subdivision has been designed in
compliance with these ordinances or conditions of approval have been
imposed to ensure such compliance.
Findings in Support of ANX 99-03, ZC 99-04, SUB 99-03, VAR 99-10
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E. Woodburn Access Management Ordinance (AMO)
Section 18. Connectivity
A. The street system of a proposed subdivision shall be
designed to coordinate with existing, proposed, and planned
streets outside of the subdivision as provided in this section.
B. Local residential access streets shall connect with
surrounding streets to permit the convenient movement of
traffic between residential neighborhoods or facilitate
emergency access and evacuation, but such connections
shall not be permitted where the effect would be to
encourage the use of such streets by substantial through
traffic.
FINDING: The proposed subdivision is located on Aztec Drive
which is an existing local residential street. The subdivision will
not create a new street and each lot will take direct access from
the existing street. The applicant will be required to dedicate 10
feet of street right-of-way to provide a 60 foot street right-of-way.
The 10 feet to be dedicated is shown on the preliminary plan.
IV. CONCLUSION: The proposal satisfies all approval criteria relating to the
annexation, zone map change, subdivision and variance.
Findings in Support of ANX 99-03, ZC 99-04, SUB 99-03, VAR 99-10
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CONDITIONS OF APPROVAL
ANNEXATION 99-03, ZONE MAP CHANGE 99-04, SUBDIVISION 99-03, AND
VARIANCE 99-10
1. Subdivision and Variance approval is subject to approval of the annexation and
zone change.
2. Approval shall be as shown on Exhibit "C" - Preliminary Subdivision Map, dated
August 5, 1999. The final plat must be in substantial conformity with the
tentative plan for the subdivision and shall be platted according to standard
surveying practices. The applicant shall submit a copy of the final plat map to
the Planning and Public Works Departments prior to recordation with Marion
County. The final plat shall be approved by the Community Development
Director and recorded with the Marion County Recorder.
3. Following recordation with Marion County, provide three (3) copies of the final
plat to the Planning Department. Building permits shall not be issued until said
copies are submitted to the Planning Department.
4. The applicant shall comply with residential lot standards.
5. Each lot will require a separate building permit. At such time that building
permits are issued, each lot will be reviewed for compliance with residential
setback and lot coverage requirements. Any new fencing will also be reviewed
for compliance with residential standards prior to permit issuance.
6. The applicant shall comply with Woodburn Subdivision Standards.
7. Meet Chapter 10 Off-Street Parking, Loading and Driveway Standards. Each lot
shall comply with the single family driveway standards.
8. This variance allows the existing shop building on Lot 1 to cover up to a
maximum of 30% of the rear yard area.
9. This variance shall be valid for the life of the existing shop building on Lot 1.
This variance shall be null and void if the shop building is demolished or
removed.
10. The use of the shop building on Lot 1 shall be limited to uses allowed in the RS
zone and not be used for commercial or industrial purposes.
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11. This variance shall be exercised within one year of the date the annexation is
effective. Exercised shall mean that a building permit is issued for a dwelling on
Lot 1.
12. Parks System Development Charges shall be payed in full prior to recordation of
the final plat, or on a per-lot basis as building permits are issued.
13. Any conditions attached to this approval shall be conditions on the issuance of a
building permit. A violation of the conditions shall be considered a violation of
the applicable ordinance.
14. Final plan shall conform to the construction plan review procedures and
standards.
15. Existing on-site water wells or sewage disposal systems shall be abandoned in
accordance with state regulations.
16. The applicant is responsible for obtaining permits from any other agencies that
may require approval or permit.
17. This development shall not cause storm water runoff to be impounded on
adjacent properties.
18. Property owner shall enter into an improvement agreement as outlined in the
Woodburn Subdivision Ordinance, Chapter III, Section 6, prior to acceptance of
the final plat. Also, prior to construction of the subdivision, the City will require
approved construction plans, a performance bond and payment of construction
permit fees.
19. All work shall conform to the City of Woodburn Standards and all State Building
Codes.
20. Dedicate to the City an additional 10 feet of right-of-way adjacent to this
subdivision along Aztec Drive.
21. The asphaltic concrete street surface of Aztec Drive adjacent to this subdivision
shall be milled to a depth of 1 %" of class "C" mix, after all of the services have
been installed to the proposed lots.
22. Sidewalks conforming to City standards shall be installed adjacent to each lot at
the time of building construction. Sidewalks shall be constructed adjacent to
property lines and one street tree per lot provided in the parkway strip in
conformance with City street tree standards.
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23. Only two 6" diameter sewer services are stubbed to the parent parcel. The
remaining sanitary services shall be installed by the applicant. Open cut will be
allowed in the existing street, subject to the above requirement for milling and
inlaying with AC.
24. If Lot 1 is used for commercial purposes, a backflow device shall be required.
25. Comply with fire protection requirements of the Woodburn Fire District.
26. Prior to any construction, a reproducible mylar of the final plat shall be filed with
the Public Works Department after all required signatures have been obtained
and the plat has been recorded with Marion County.
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