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Ord 2243 - Amend Comp Plan """"" COUNCIL BILL NO. 1988 ORDINANCE NO. 2243 AN ORDINANCE AMENDING THE WOODBURN COMPREHENSIVE PLAN TO INCORPORATE CERTAIN GOALS AND POLICIES RELATED TO ANNEXATION AND GROWTH MANAGEMENT; AND DECLARING AN EMERGENCY. WHEREAS, the Woodburn Comprehensive Plan has been adopted by the City and acknowledged by the Land Conservation and Development Commission (LCDC); and WHEREAS, certain modifications to the Woodburn Comprehensive Plan regarding annexation and growth management have been proposed; and WHEREAS, the Planning Commission and City Council have conducted public hearings on the proposed Woodburn Comprehensive Plan amendments; and WHEREAS, notice of the proposed amendments has been forwarded by the City to the Department of Land Conservation and Development (DLCD) as provided by state law; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The following sections of the Woodburn Comprehensive Plan are hereby amended to read as follows: L. Growth Goals L-I The City's goal is to grow to a population of approximately 26,000 by the year 2020. This growth shall be orderly and accompanied by the necessary public services. The growth shall be balanced in residential, industrial, and retail sectors of the City. The growth shall not add any additional burdens on the City's taxpayers. L-2 The goal is to assure that all expansion areas of the City are served by public facilities and services with adequate capacity. Woodburn is a City that strives to provide a consistent level of quality public services and facilities to all parts of the City. As the City grows, new development must support and maintain the services and facilities that equal or exceed those in the remainder of the community. Consideration of proposals that are in variance with City capacity standards and facility master plans shall require findings of appropriate mitigating measures by the Public Works Department. Other public service providers such as the School District and Page 1 - Council Bill No. 1988 Ordinance No. 2243 y - Fire District also address capacity considerations. L-3 The goal is to achieve and maintain City boundaries that supports the efficient delivery of public services. The urban growth boundary of the City defines the limits of urban development and urban services. In defining the urban service area, the City limits shape the pattern of police patrols, park service areas and the neighborhoods residents identify with. The Urban Growth Boundary identifies the ultimate area and shape of the City in the foreseeable future. In order to achieve the efficient delivery of facilities and services, the City must not sprawl as it grows. Rather the City wants to take a pro-active approach and manage growth so that the benefits of a well designed community are achieved. L-4 The goal is to limit the amount of vacant land within the City in order to enjoy the benefits of a orderly development pattern, that reduces the rate that farm land is converted to urban use and the optimum use of public service and utility capacity. There are multiple benefits to the community from managing the amount and location of land available for residential use. Quantitative advantages include more efficient utilization of existing facilities and services that accrue because the amount of by-passed, undeveloped land is reduced. The result includes a more orderly transition in the conversion of farm land to urban uses, conserving agricultural resources in the Urban Growth Boundary to the most practical extent. Furthermore, not only is the investment in unused and underused facilities avoided, but also the operation and maintenance costs are reduced due to a more compact development pattern. Based on principles of supply and demand, reducing the available supply of residential land slows the rate of development which makes it more manageable. With fewer properties available to develop, the value of existing development and property available to development will increase. With an estimated 16 year inventory of vacant single-family residential land within the City the immediate prospect of increased land costs does not materially detract from the potential benefits of the goal. The land resources within the Urban Growth Boundary define the land available for urbanization. It is prudent for the City to manage the conversion of this area to urban use in a step wise fashion that recognizes benefits of efficient service and facility delivery and a cohesive pattern of community development and identity. Equally important is the sense of identity and bonding that occurs as a City grows that make it a community. A City that is built up in a cohesive pattern as it grows avoids the adverse affects of sprawl and leap frog development L-5 The goal is to achieve the optimum use of the residential land inventory. Page 2 - Council Bill No. 1988 Ordinance No. 2243 , ~.... Managing the geographic expansion of the City provides an opportunity to initiate the objective of encouraging the inclusion of residential enclaves and the development of infill lots as a higher priority than land on the fringes of the City limits. Annexation provides a point to introduce this concept to the City by applying it to new territory added to the City. Another concept is to intensify development along transit corridors due to enhanced accessibility. Increased density may be considered along transit corridors through application of clustering density in PUD's and from more intensive zoning classifications. Annexation provides an opportunity to introduce these concepts into the area by starting with consideration of the requirement in newly annexed areas. The application of minimum densities will be based on target densities that consider transit service, need and community scale. Target density standards will be established based on specific proposals. In so doing the City will promote a wider range of living environments and better serve the needs of a diverse population. L-6. The goal is to further the incremental extension of an interconnected street system. An interconnected street system improves the efficiency of movement by providing direct linkages between origins and destinations. It also creates alternative routes. Such a system creates stronger ties among activity centers and makes the development of passed over land more attractive. It is common in most communities that streets in new development are "stubbed." This means a dead end street until the stub is potentially connected by a future phase of development. Annexations provide opportunities to emphasize the ultimate extension and completion of streets. The potential benefit is improved connectivity in the street pattern as the City develops. L-7 It is the goal to assure the provision of major streets as shown in the Transportation Systems Plan. The TSP lays out the arterial and collector street extensions and improvements necessary to support approximately a doubling of the population within the City. Due to limitations on the responsibility that developers must exercise regarding offsite transportation impacts, the City shall hold development accountable for major streets within and abutting the development. In addition, the policy of the City is to emphasize development outward in successive steps and ph~es that avoid unnecessary gaps in the development and improvement of the majortstreets. L-8 The goal is to provide opportunities to fulfill community needs identified by the Council. From time to time the site for a facility to service the community is identified at the edge Page 3 - Council Bill No. 1988 Ordinance No. 2243 y """-. of the City. The City Council shall hold a public hearing on such proposals prior to accepting an annexation application to determine that such facilities are of a community wide scope and that a perimeter location is appropriate. L-9 The goal is to reflect the City's development objectives included in the CIP. The Capital Improvement Program (CIP) is the City's process of guiding public investment. Such invest of public funds also serve to leverage private investment that coincide with the City's priorities. In order to leverage the greatest benefit from public projects, special consideration will be considered for compatible and mutually supportive private projects. L-I0 The goal is to encourage the high standards of design and flexibility that are enabled by the PUD zone. The Planned Unit Development (PUD) is a planning and design technique that provides greater flexibility in design than is allowed in the application of other techniques, such as the standard subdivision process. The benefits of the PUD techniques include allowing development with mixed uses, housing that is sited based on density with compensating open space, and control of architectural review and common land ownership and management. Consequently it provides greater opportunities for creative solutions and diversity than the application of traditional ordinance requirements. L-ll The goal is to accommodate industrial and commercial development that provides local employment but does not require special community financial incentives. It is clear that local industrial and commercial development will provide local employment. Such local jobs provide opportunities for local residents and for employees attracted to the Woodburn area. To benefit the community, not only must the development create jobs but it must also operate within the capacity of the City's infrastructure. The City is unwilling to absorb the costs of accommodating new employment that require special financial involvement from the City. L-12 The goal is to diversify the local economy. Woodburn seeks to diversify the local economy so that the community will prosper and can weather swings in the business cycle, seasonal fluctuations, and other economic variables. The intent is to provide a broad spectrum of commercial and industrial enterprises. The variety of enterprises will not only provide insulation from negative business factors but a choice in employment opportunities that in turn allows for the diversification in income types. Page 4 - Council Bill No. 1988 Ordinance No. 2243 ~-""T"""'""-~----"-"'---'---''''''---'''-- M. Growth and Urbanization Policies M-l. To insure the growth is orderly and efficient, the City shall phase the needed public services in accordance with the expected rate of growth. The extensions of the existing public services shall be in accordance with the master plans in this Comprehensive Plan. M-2 To insure that the City's growth does not exceed its ability to provide public services, the City shall adopt a growth control ordinance, similar to the Limited Growth Ordinance now in effect. When and if the growth control is used, the City shall reexamine the public facilities plan and determine at that time if it is in the public interest to expand facilities to accommodate the additional growth. M-3 The City's public facilities now being built are to be paid for by the system development charges from the anticipated growth. The provision of facility capacity in excess of that which can be funded by SDC's, and the development that requires that capacity, will be delayed until it is funded by development or by other funding sources. M-4 The County shall retain responsibility for regulating land use on lands within the urban growth area until such lands are annexed by the City. The urban growth area has been identified by the City as urbanizable and is considered to be available, over time, for urban development. M-5 The City and county shall maintain a process providing for an exchange ofinformation and recommendations relating to land use proposals in the urban growth area and other land use activities being considered within the urban growth area by the county shall be forwarded by the County to the city for comments and recommendations. The City shall respond within twenty days, unless the City requests and the County grants an extension. M-6 Upon receipt of an annexation request or the initiation of annexation proceedings by the City, the City shall forward information regarding the request (including any proposed zone change) to the County for comments and recommendations. The County shall have twenty days to respond unless they request and the City allows additional time to submit comments before the City makes a decision on the annexation proposal. M-7 All land use actions within the urban growth area and outside the City limits shall be consistent with the City's Comprehensive Plan and the County's land use regulations. M-8 In order to promote consistency and coordination between the City and County, both the City and County shall review and approve amendments ofthe City's Comprehensive Plan which apply to the portion of the urban growth area outside the City limits. Such changes shall be considered first by the City and referred to the County prior to final adoption. If the County approves a proposed amendment to the City's plan, the change shall be Page 5 - Council Bill No. 1,988 Ordinance No. 2243 <0.. ,.. ,..."._'... ,,_~.. . ,~ adopted by ordinance, and made a part of the County's plan. M-9 The area outside the urban growth boundary shall be maintained in rural and resource uses consistent with the Statewide Land Use Planning Goals. M-IO The City and County shall strive to enhance the livability of the urban growth area and to promote logical and orderly development therein in a cost effective manner. The County shall not allow urban density uses within the Urban Growth Boundary prior to annexation to the City unless agreed to in writing by the City. City sewer and water facilities shall not be extended beyond the City limits, except as may be agreed to in writing by the City and County. The City shall be responsible for the preparing the public facilities plan. M-l1 Conversion ofland within the boundary to urban uses shall be based on consideration of: a. Orderly, economic provisions for public facilities and services; b. Availability of sufficient land for the various uses to insure choice in the market place; c. LCDC Goals; d. Further development of vacant and under utilized residential land within the City's buildable land inventory before annexing additional territory for conversion to residential use at urban densities; and e. Applicable provisions of the Marion County and City Comprehensive Plans. D. Annexation Goals D-l. 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. D-2. The goal is to clearly establish the intent of each proposed expansion of the City; to assess the proposal's conformance with the City's plans and facility capacity and to assess its impact on the community prior to deeming an annexation application complete. D-3. The goal is achieve greater utilization ofland 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. Page 6 - Council Bill No. 1988 Ordinance No. 2243 .. 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 benefitted residents and development by incorporating all territory into the City limits that will be of benefit. D-4. The goal is to use annexation as a tool to guide: a. The direction, shape and pattern of urban development; b. Smooth transitions in the physical identity and the development pattern of the community; and c. The efficient use and extension of City facilities and services. D-5 The goal is to balance residential development with public facilities and services and with other types of land use in order to allow the community to maintain its equilibrium as it assimilates growth. Annexation Policies D-l-l Annexation policies are extremely important for the City. While it is important that enough land is available to allow for choice in the market place it is also essential to prevent too much land being included in the city limits as this leads to inefficient, sprawling development. D-2-2 Prior to the approval of Site Plan, Subdivision or Planned Unit Developments for land annexed to the City west ofInterstate 5, a detailed Transportation Impact Study with Oregon Department of Transportation involvement will be required. A notification period of 45 days will be provided the Department of Transportation to respond to the before mentioned proposal prior to final City action. The City shall insure that any necessary improvements to 1-5 or State Highway 214 required by the development of such lands are provided for prior to the issuance of building permits. It is recognized that the Department of Transportation and City will work with developers in transportation issues. Further, the Department of Transportation may not be able to fund such improvements. Page 7 - Council Bill No. 1988 Ordinance No. 2243 .'"... --r-"----.- It is also understood by the affected parties that the proposed 100 acre Light Industrial site south of Highway 214 will be issued no more than two access permits to Highway 214. One of these will be at M.P. 36.2396 (Woodland Avenue between M.P. 36.46689). D-3-3 The City of Woodburn shall actively manage the location, timing, type and amount ofland added to the City. D-4-4 Prior to deeming an annexation application complete, the applicant for an annexation shall participate in a mandatory pre-application meeting with City staff. The purpose of the meeting is to assess conformance with the City's goals, policies standards and criteria regarding annexation. D-5-5 A complete annexation petition/application shall be required to include: a All the territory that will be enclaved by the petition, or b. Document the lack of consent by the enclaved property owners or by the resident electors necessary to include the enclave( s) as part of the consent annexation application D-6-6 Annexation applications that do not conform with the annexation criteria and standards may be considered by the Planning Commission, after a public hearing, for an exception. The Commission may grant an exception based on findings of special circumstances and of substantial conformance with the criteria and standards based on mitigating measures. The City Council may review the Commission's action. Section 2. This amendment to the Comprehensive Plan is justified by the legislative findings which are affixed as Attachment "A" and, by this reference, incorporated herein. Section 3. This ordinance being necessary for 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. Approved as to form~(){.D 3 - I 0 - '1' City Attorney c ~ Approved: l~L..(J .~ Richard Jennings, Page 8 - Council Bill No. 1988 Ordinance No. 2243 , Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: fYj '~~ M~nnant City Recorder City of Woodburn, Oregon Page 9 - Council Bill No. 1988 Ordinance No. 2243 I' --"--,---,, September 13, 1999 September 14. 1999 September 14. 1999 September 14. 1999 ATTACHMENT~ Page -L. of .3 FINDINGS APPLICABLE STATEWIDE PLANNING GOALS I Statewide Planning Goal 2 "Land Use Planing" FINDING: The proposed amendment includes an adequate factual basis to support it's adoption. This consists of an extensive buildable lands inventory. The goal requires Woodburn to coordinate amendments to its Comprehensive Plan with affected governmental units. To the extent these amendments affect land use decisions involving Marion County and the Land Conservation and Development Commission, the City has coordinated its action with these two governmental entities by referring them to these agencies and taking their comments into consideration. II Statewide Planning Goal 9 "Economic Development" This goal requires the City "To provide adequate opportunities"...for a variety of economic activities vital to the health, welfare, and prosperity..." ofit's citizens. FINDING: This City finds Woodburn's Comprehensive Plan and Growth Management and Annexation Goals and Policies promote and support programs that improve the health of the local economy. III Statewide Planning Goal 10 "Housing" This goal requires cities to "Encourage the availability of adequate numbers of needed housing units at price ranges and rent levels... commensurate with the financial capabilities of Oregon households." FINDING: The City can find that its comprehensive plan encourages a variety of housing types to accommodate the demands of the local housing market. IV Statewide Planning Goalll "Public Facilities and Services" The goal encourages "a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development." FINDING: The city finds that it's wastewater, water and transportation plans call for services to be provided in an orderly manner to allow the transition of rural land to urban uses. V Statewide Planning Goal 14 "Urbanization" This goal calls for the "orderly and efficient transition from rural to urban land uses." FINDING: The City finds the intent of the Growth Management and Annexation Goals and Policies are to carry out specific objectives by providingfor the orderly provision of public Page 1 - Findings 1 . .,---"'..- ATTACHMENT ..Lf Page...t2- of -=3 services, increases the opportunity for a variety of land uses, allows the development of urban areas prior to the conversion of urbanizable areas and maintains its ability to control growth. VI Statewide Goals 1. 3. 4. 5. 6. 7. 8. 12 and 13-19 FINDING: These goals are presently addressed in the City's Comprehensive Plan (Goals 1, 3, 4, 5, 6, 7, 8 and 12) or the goals physical characteristics are not present (Goals 15- 19). Comprehensive Plan Amendment Criteria Chapter 16 Section 16.050 (a) The proposal complies with all applicable statewide goals and guidelines. FINDING: The City finds the proposed growth management and annexation goals and policies comply with all applicable statewide goals and guidelines. (b) The proposal complies with the remaining goals and policies of the comprehensive plan. FINDING: The proposed amendments are found to complement the goals and policies in the Woodburn Comprehensive Plan Chapter X A through N. ( c) There is a clearly demonstrated public need for the proposed amendment. FINDING: It has been demonstrated through the buildable lands inventory and population projections the need to control growth to insure that city has the ability to adequately provide future public services and facilities. (d) The proposal best satisfies the public need. FINDING: The City finds the proposed amendments insure that sufficient land is available to provide choices in the market place. FINDING: Woodburn has experienced rapid growth which necessitates modifying the growth management and annexation practices to preserve the quality of life and municipal services and facilities of the City. Presently these goals and policies are found to be inadequate as a tool to control growth. FINDING: To insure the City can provide adequate public facilities and services over that time frame requires that measures be implemented that control the rate at which property is annexed to the City. Page 2 - Findings 2 _M"'."'",_,"_~'.,,, .....'._"~,,,.._,,~ _ ATTACHMENT A Page~ of j FINDING: The Growth Management and Annexation Policies initiated by the City are meant to primarily curb the rate of residential growth. FACT: The City's present population is 16,585. It is forecasted to have a population of 26,260 by the year 2020. FACT: Presently the City has 472 acres of buildable residential land within it's Urban Growth Boundary the majority of this land is outside the City's incorporated limits. FACT: Based on past growth trends it is estimated a total of350 acres will be needed to meet single family residential market demands. FACT: The City presently has 131.1 acres of high density residential land available for development. 3 'I