Ord 2233 - Zone Design Hwy 99E
COUNCIL BILL NO. 1960
ORDINANCE NO. 2233
AN ORDINANCE CHANGING THE ZONING DESIGNATION ON CERTAIN
PROPERTY WCATED AT 1310 AND 1340 IDGHWAY 99E FROM SINGLE FAMILY
RESIDENTIAL (RS) TO COMMERCIAL RETAIL (CR); AMENDING mE
WOODBURN ZONING MAP AND DECLARING AN EMERGENCY.
WHEREAS, the applicants, Yacov and Nina Konovalov, submitted Application No, 98-
06 for a zone change from Single Family Residential (RS) to Commercial Retail (CR); and
WHEREAS, the Woodburn Planning Commission conducted a public hearing on March
11, 1999, and recommended that the City Council approve said application; and
WHEREAS, the Woodburn City Council conducted a de novo public hearing on April
12, 1999 and heard testimony on said application; NOW, THEREFORE
mE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. The subject property is owned by Yacov and Nina Konovalov and is
described as follows:
PARCEL 1. (SHOP AT 1340 N. PACIFIC HWY. WOODBURN, OR 97071)
Beginning on the Easterly right of way line of the 1932 relocated Pacific Highway in Township 5
South, Range 1 West of the Willamette Meridian, Marion County, Oregon, at a point which is
114, 18feet South 870 15' East and 314.81 feet North 3]050' Eastfrom a stone set on the West
line of the Christopher Cooley Donation Land Claim in said Township and Range, said stone
being 8.95 chains North 240 East from the Southwest comer of said Cooley Claim; thence North
3]050' East along the Easterly line of said Pacific Highway 170,00 feet; thence South 89040'
East 1010.82feet; thence South 3]055' West 170.00feet; thence North 89040' West 1010,61feet
to the place of beginning,
PARCEL 2, (RENTAL AT 1310 N. PACIFIC HWY. WOODBURN, OR 97071)
Beginning on the Easterly line of the 1932 relocated Pacific Highway in Township 5 South,
Range 1 West of the Willamette Meridian, Marion County, Oregon, at a point which is 170,00
feet North 31050' East and 114. 18feet South 87015' Eastfrom a point on the West line of the
Christopher Cooley Donation lAnd Claim in said Township and Range, said point being North
240 East 8.95 chains from the Southwest comer of the said Cooley donation.
Section 2. That based upon the Findings and Conclusions contained in Exhibit "ft:'
attached hereto, the zone designation on the subject property is hereby changed from Single
Page 1 - COUNCIL BILL NO. 1960
ORDINANCE NO. 2233
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Family Residential (RS) to Commercial General (CG),
Section 3. That the Woodburn Zoning Map is hereby amended to designate the subject
property Commercial General (CG),
Section 4. 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.." A /\ / /
Approved as to forrnm.~~ 4- 2 , ~ 1
City Attorney Date I
Approved: ~J,J) ~ 7
Richard Jennings, Ma or '"
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST: /I?~~
Mary Tehnant City Recorder
City of Woodburn, Oregon
Apri 1 26. 1999
April 28. 1999
Apri 1 28, 1999
April 28. 1999
Page2 -COUNCILBILLNO. 1960
ORDINANCE NO. 2233
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EXHIBIT uA"
EXHIBIT .-d
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FINDINGS AND CONCLUSIONS
FINDING:
1. The subject properties are two abutting lots with frontage on Hwy, 99E, The two lots
contain about 6.67 acres. The lots are approximately 1000 feet deep. Approximately
500 feet of depth fronting on Hwy. 99E are currently zoned CR. The remaining 500 feet
of depth is zoned RS.
FINDING:
2. The site contains a mixture of small structures and uses, The existing commercial
frontage is used primarily by an upholstery shop. There is also another commercial
structure, a house and a contractor's trailer located on the frontage. To the rear are
two small dwellings. A third, or more, of the site that abuts the residential area on the
east is used for greenhouses.
FINDING:
3. The property abutting the subject property on the north is zoned CR for its entire 1000-
foot depth. The current use is Chu's Eatery.
FINDING:
4. The property abutting on the south is als01000 feet in depth, with the frontage zoned
for commercial and the rear zoned for single4amily residential use, The property is
used by AI's Nursery, with a retail store in the commercial frontage and greenhouses
in the rear.
FINDING:
5. The rear of the subject property abuts the Country Acre Estates subdivision. Six single-
family lots abut the subject property. All but one is developed with a single-family
residence.
FINDING:
6. The proposed change in the Plan Map from a Single Family Residential zone to a
Commercial Retail zone fulfills a demonstrated public need, It represents
implementation of the Woodburn Comprehensive zone. The Plan has designated the
subject area as Commercial since its inception.
FINDING:
7. The portion of the subject property that is currently zoned for single-family residential
use is not well suited for that purpose. The abutting subdivision on the east was not
designed to allow this use to extend on the subject property.
FINDINGS & CONCLUSIONS - ZONE MAP AMENDMENT 98-06 YACOV & NINA KONOVALOV 1 of 4
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FINDING:
8. Any residential use would extend into a Commercial area, as shown on the Plan. Such
a use pattern would be incompatible with the intent of the Plan. Access to the west,
through the commercial area, is not well suited a single family residential use either.
Such access would traverse the commercial area and would not relate to the abutting
commercial uses,
FINDING:
g. The need for additional commercial land to reinforce one of the four commercial
concentrations identified in the Comprehensive Plan. Hwy, 99E was established as a
commercial corridor years ago, Allowing the full depth of the subject property to
develop for commercial use not only reinforces this commercial area but also
concentrates the commercial use, This tends to off set the pressure to expand the
linear commercial pattern along the Highway. It strengthens the shopping pattern for
existing commercial uses and avoids the proliferation of commercial uses in a
dispersed pattern that lacks the mutual support of like uses.
FINDING:
10, The subject property is located in one of the four major commercial areas identified in
the Plan. Consequently the expansion of potential commercial use in this area is
consistent with the Plan.
FINDING:
11. Highway 99E (the Pacific Highway) is designated a Major Arterial in the
Transportation System Plan. The proposal is therefore consistent with the
comprehensive plan policy.
FINDING:
12. The specific use for the subject property has not been specified by the applicant.
Consequently, at the time a specific development proposal is made the Site Plan
Review will provide the opportunity to appropriately condition the development to
assure it is compatible with abutting uses and also the access pattern along Hwy, 99E.
Specific concerns to be addressed at that time include the following:
1, The height of proposed buildings near the residential use with respect to
privacy and shadows.
2. Prohibition of building openings abutting the residential use to minimize
noise intrusion.
3. An appropriate solid wall or fence abutting the residential use for security
and noise attenuation,
4. Access for the two subject properties designed as one integrated plan
consistent with the Access Management Ordinance.
FINDINGS & CONCLUSIONS - ZONE MAP AMENDMENT 98-06 YACOV & NINA KONOVALOV
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5, The site plan proposal shall allow for the full utilization of the property,
FINDING:
13 The location of the land currently designated single family residential is not consistent
with the neighborhood concept of residential development. It is a residential projection
into a commercial area, Access patterns do not tie it into the existing neighborhood.
The boundary with the commercial uses does not build a sense of residential identity,
CONCLUSION:
The applicant's request IS In keeping with the goals and policies of Woodburn's
Comprehensive Plan
FINDINGS & CONCLUSIONS - ZONE MAP AMENDMENT 98-06 YACOV & NINA KONOVALOV
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