Loading...
Ord 2239 - Amend Comp Plan Pac ,-"-'"1 COUNCn.. Bn..L NO. 1979 ORDINANCE NO. 2239 AN ORDINANCE AMENDING THE WOODBURN COMPREHENSIVE PLAN MAP DESIGNATION ON PROPERTY LOCATED AT 515 S. PACIFIC IDGBW AY FROM mGH DENSITY RESIDENTIAL TO COMMERCIAL; CONCURRING WITH MARION COUNTY ON THE PROPOSED CHANGE IN THE MARION COUNTY URBAN ZONING ORDINANCE DESIGNATION FROM CR (COMMERCIAL RETAn..) TO CG (COMMERCIAL GENERAL) WITH THE IMPOSmON OF A LIMITED USE OVERLAY ZONE; AND SETI1NG AN EFFECTIVE DATE. WHEREAS, the applicants, Lawrence and Marilyn Paradis, own a 4.91 acre parcel located at 515 S. Pacific Highway, Woodburn, Marion County, Oregon (Section 180; T5S; RIW; Tax Lot 43001-000); and WHEREAS, the applicants want to amend the Woodburn Comprehensive Plan Map designation on the subject property from High Density Residential to Commercial and have Marion County change the Marion County Urban Zoning Ordinance zone designation on the subject property from CR (Commercial Retail) to CG (Commercial General); and WHEREAS, the Woodburn City Council conducted a public hearing on the application on June 28, 1999; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The subject property is owned by Lawrence and Marilyn Paradis and is a 4.91 acre parcel located at 515 S. Pacific Highway, Woodburn, Marion County, Oregon (Section 180; T5S; RIW; Tax Lot 43001-000). Section 2. That the Woodburn Comprehensive Plan Map designation on the subject property is hereby amended from High Density Residential to Commercial. Section 3. That the City of Woodburn concurs with the applicants' request to change the Marion County Urban Zoning Ordinance zone designation on the subject property from CR (Commercial Retail) to CG (Commercial General) with the imposition of a limited use overlay zone. Section 4. That these land use actions are based upon the findings contained in the staff report which is attached as Exhibit "A:' and by this reference is incorporated herein. Section 5. That this ordinance is effective upon formal approval of the applications by the Page 1 - COUNCIL BILL NO. 1979 ORDINANCE NO. 2239 ....,_. '--.......--....,..,---'" ..."" .......-..-...--,-....- ,...-------.. - Marion County Board of Commissioners pursuant to the terms of the Urban Growth Boundary Agreement signed by the City and adop~,by ~ No. 2021. W Approved as to form~ ~ ~ -::r t1 q ~ City Attorney Date ApProved:?~~ y Richard Jennings, ayo Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office ofth~ ~ ATTEST: ~. Mary t City Recorder City of Woodburn, Oregon Jul y 12. 1999 Jul y 13, 1999 1111'}' 11, 1qqq July 13, 1999 Page 2 - COUNCIL BILL NO. 1979 ORDINANCE NO. 2239 '-"", EXHIBI1= .A Page _ of (r-, In October 1998 Marion County held a hearing on the zone change to CG. Marion County Planning Division recommended approval for the zone district amendment from CR to CG. On January 22, 1999 the Hearing Officer concurred with the Marion County Planning Division contingent on approval of a concurrent change to the Woodburn Comprehensive Plan Map to Commercial pursuant to the City/County Urban Growth Boundary Agreement. See attachment II. IV RELEVANT FACTS: 1. The subject unincorporated 4.91 acre parcel lies within the Woodburn Urban Growth Boundary (UGB) and is designated "High Density Residential" [> 12 units per acre] in the Woodburn Comprehensive Plan.] The parcel is zoned CR (COMMERCIAL RETAIL) under the jurisdiction of Marion County. 2. The property is situated on the west side of South Pacific Highway (Highway 99E), approximately 2,000 feet south of its intersection with East Cleveland Street. It is developed with a dwelling, sheds and barn. 3. Properties to the north and west are located within the City of Woodburn and are designated for high density residential development in the Comprehensive Plan. Situated to the south in a CR zone is Woodburn Auction Yard. To the southwest are small farm parcels in a UTF (URBAN TRANSITION FARM) zone on the Marion County Zone Map. Both these areas are also designated "High Density Residential" on the City's Comprehensive Map. Land to the east access Highway 99E contains a service station and is currently zoned CG (COMMERCIAL GENERAL) on the Marion County Zone Map but is designated for future "Industrial' use on Woodburn's Comprehensive Plan. 4. In 1989, the applicants received permission from Marion County to expand Woodburn Auction yard onto the subject 4.91 acre parcel [Variance Case #88-18]. This approval allowed "storage and sale of used farm equipment and implements and parking on sale day." It specifically precluded placement of "auction yard related structures" on the property. 5. The applicant is requesting the Woodburn City Council amend of the City's Comprehensive Plan designation on the subject property from "High Density Residential" to "Commercial" and Marion County to amend the zone from CR to CG (COMMERCIAL GENERAL), The CG zone "would allow the owners to construct a mini-storage facility" on the premises. 6. The Marion County Hearings Officer has referred that matter to the Woodburn City Council and Marion County Board of Commissioners to resolve the Comprehensive designation. CPA 99-0 l, ZMA 99-03 - Page 2 of 5 ~,..~" ,..._'~,.~..,-'_.,---'_.....'''''-,..,........,..'''..~...--'~'^-'~,..--... ,.-, EXHIBIT A Page.-2.. of {"" V RELEVANT APPROVAL CRITERIA: A. Urban Growth Boundary Agreement B. Woodburn Comprehensive Plan IX. Goals and Policies B. Commercial Land Development Policies G. Housing Goals and Policies A. Urban G.rowth Boundary Agreement K-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. K-5 The City and county shall maintain a process providing for an exchange of information 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 and extension. K-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. K-8 I N order to promote consistency and coordination between the City and County, both the City and County shall review and approve amendments of the 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 adopted by ordinance, and made a part of the County's plan. K-10 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 both be extended beyond the city limits, except as may be agreed to in writing by the City and County. The City shall be CPA 99-0 l, ZMA 99-03 - Page 3 of 5 ...'-'~ ,.,--,..-"'.....~'-''''-''-~-..-...''_....,....,'.'".._---.-..,..,,--#.,-.."'......_'-'"~' EXHIBIf.- ~ Page of 0 responsible for preparing the public facilities plan. STAFF COMMENTS: Any request to amend a land use designation outside it's city limits but within the confines of it's Urban Growth Boundary are to be initiated by the City as stipulated in Section 1.5 of that ordinance. However, under section 11.2 and of the UGB ordinance 11.3 appear to allow the County the opportunity to review Land Use Requests in the Urban Growth Boundary area outside the City limits. Whichever route is taken, the City Council is to initiate a public hearing on this matter. Any decision by the Council will then be heard by the Marion County Board of Commissioners. See Attachment III. Commercial Land Development Policy B-3 Strip zoning should be discouraged as a most unproductive form of commercial/and development. Strip zoning is characterized by the use of small parcels of less than one acre, with lot depths of less than 150 feet and parcels containing multiple driveway access points. Whenever possible, the City should encourage or require commercial developments which are designed to allow pedestrians to shop without relying on the private automobile to go from shop to shop. Therefore, acreage site lots should be encouraged to develop "mall type" developments that allow a one stop and shop opportunity. Commercial developments or commercial development patterns which require the use of the private automobile shall be discouraged. STAFF COMMENTS: · No new commercial area is established with the applicant's request to amend the Comprehensive Plan Map from High Density Residential to Commercial. · The uses remain essentially the same the action is limited to a physical upgrade to the existing use in the rear which is presently used for the storage and sale of used farm equipment. · A bed and breakfast occupies the property fronting Highway 99E. · By the description of what constitutes strip development in the City's Comprehensive Plan Policy B-3 this is not strip commercial zoning since the applicant's property contains over 4 acres rather than one, is over 150 feet in lot depth, with one not multiple driveway access points. CPA 99-0 I, ZMA 99-03 - Page 4 of 5 ""'" '_~_'H_'__'"'' ..H_....'__~_~,_'. .~.___~~..___ '1" Housing Policy G-1-1 EXHIBIT. A Page~' ~ The City will insure that.sufficient land is made available to accommodate the growth of the City. This requires sufficient land for both high density and low density residential developments is provided within the confines of the growth and development goals of the City. STAFF COMMENTS: The abutting action yard is not compatible with housing. A mini warehouse makes a good transition or barrier between the auction yard and any proposed housing to the north side of the applicant's parcel. The housing inventory for multi-family housing within the City's UGB would be diminished by 4.9 acres. The trade off is the Comprehensive Plan Map and Zone Change would enhance the potential housing sites to the north. Conditions of approval as imposed by the Marion County Hearings Officer would limit the use. VI RECOMMENDATION: STAFF RECOMMENDS: The City Council approve the applicants request to amend the Comprehensive Plan Map from High Density Residential to Commercial with a recommendation to the Marion County Board of Commissioners that a zone change from CR to CG be subject to the conditions of approval as stipulated in the Hearings Officer Report (Case No. Zone Change/Comprehensive Plan 98-13) of January 21, 1999. CP A 99-0 I, ZMA 99-03 - Page 5 of 5 .. "~'T' .......",'.....",.......-.... -.' .......-+--..,. - / ~ \/I OJ .... 0 ~ c VJ Vl C f" -< ::E: a v- a :z 0 .... 0 N '" f" EXHIBIT _ A page..JtJ.- of & /'" ,/ s <.fl .t> IJ' lO ~ lO ~ () ;:0 m \II ~ /' " '. I /' '" I :.:z. - PLOT PLAN NAME: Lawrence & Marilyn Paradis ADDRESS: SlS S. Pacific Highway, Woodburn, OR 97071 LEGAL: Section 18, Township SS, Range lW, Tax Lot 43001-000 TOPOGRAPHY: Property is generally flat SCALE: I" .. 100' ATTACHMENT I ~ ~ ... .........,.........', II'