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Ord 2094 - Annex & Reclas Parr R ".~.~ COUNCil Bill NO. 1425 ORDINANCE NO. 2094 AN ORDINANCE ANNEXING AND RECLASSIFYING CERTAIN PROPERTY lOCATED ON THE SOUTH SIDE OF PARR ROAD BETWEEN THE BRANDYWINE SUBDIVISION ON THE EAST AND CENTENNIAL PARK ON THE WEST FROM MARION COUNTY URBAN TRANSITION (UT) ZONE TO CITY OF WOODBURN SINGLE FAMilY RESIDENTIAL (RS) DISTRICT. WHEREAS, the Woodburn Comprehensive Plan Map has 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. 92-03. and Zone Change Case No. 92-03 and considered the public testimony previously presented. NOW THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOllOWS: Section 1. The legal description of the involved real property is as follows: A parcel of land located in Section 13, Township 5 South, Range 2 West of the Willamette Meridian and in Section 18, Township 5 South, Range 1 West of the Willamette Meridian, Marion County, Oregon. Beginning at the most Northerly Northwest corner of said Donation Land Claim No. 84 and the Southwest corner of the Donation land Claim of Edward Belonger and wife,and running thence East 70.25 chains, more or less, to the West boundary of the S.P.R.R. right of way; thence South 400 15' West along the West boundary of said S.P.R.R. right of way, 21.90 chains. more or less, to the South boundary of an 8.28 acre tract of land conveyed by Francis Morrain and wife to Ada Jones, by deed recorded May 23. 1889; thence North 890 15' West 56.29 chains, more or less, to a point 16.50 chains due South of beginning; thence North 16.50 chains to the place of beginning. ALSO Beginning at the Southwest corner of the Donation land Claim of Edward Belonger in Township 5 South, Range 2 West of the Willamette Meridian, Marion County, Oregon; thence East 70.34 chains to the West line of the right of way of the Southern Pacific Railroad; thence North 41" 15' East 5.44 chains along said railroad right of way to the center of the County Road leading through the Western part of the City of Woodburn; thence North 18035' East 4.32 chains along the center of said County Road; thence West 75.27 chains; parallel with the South line of the Donation land Page 1 - COUNCil Bill NO. 1425 ORDINANCE NO. 2094 -"...,.....- -----. ....--.-r...-. ,....., Claim of Edward Belonger; thence South 00 15' West 8.18 chains to the place of beginning. SAVE AND EXCEPT land conveyed to E.A. Cunningham and L. Cunningham, husband and wife, by Elmer E. Settlemier and Ada A. Settlemier, his wife, by deed dated April 25, 1908 and recorded April 27, 1908, in Volume 103, Page 154, Deed Records for Marion County, Oregon. ALSO SAVE AND EXCEPT land conveyed to Portland, Eugene and Eastern Railway Company, a corporation, by Elmer E. Settlemier and Ada A. Settlemier, his wife, by deed dated May 27, 1913 and recorded June 5, 1913, in Volume 129, Page 182, Deed Records for Marion County, Oregon and subsequently deeded to Southern Pacific Company, by Portland, Eugene & Eastern Railway Company, recorded July 10, 1915, in Volume 137, Page 76, Deed Records for Marion County, Oregon and also deeded to Southern Pacific Transportation Company, by Southern Pacific Company, recorded December 15, 1969, in Volume 675, Page 762, Deed Records for Marion County. ALSO SAVE AND EXCEPT land conveyed by E. Urbane Widmer and Beulah Widmer, husband and wife, by deed recorded June 30, 1975, in Reel 18, Page 1881, Marion County Records, as follows: Beginning at a point in the center line of County Road No. 517 (Parr Street) said point being 540.00 feet North 000 15' East and 1297.85 feet South 89041' 30" East and 2599.55 feet South 89039' East from the most Northerly Northwest corner of the Peter Raymond Donation Land Claim No. 88 in Township 5 South, Range 2 West of the Willamette Meridian in Marion County, Oregon, said point of beginning being also the Northwest corner of that certain tract of land conveyed to E. Urbane Widmer and Beulah Widmer by deed recorded in volume 498, Page 585 Marion County Deed Records; and running thence North 890 39' West along the center of said County road 6.31'; thence South 00043' 30" West 412.01'; thence South 87" 53' 40" East 114.06'; thence North 000 21' East 15.50' to the Southeast corner of said Widmer tract; thence North 000 21' East along the East line of said Widmer tract 400' to the Northeast corner of said Widmer tract and the center line of said County Road; thence North 890 39' West along the North line of said Widmer tract in the center of said County Road 105' to the point of beginning. ALSO SAVE AND EXCEPT Beginning in the center of a County Road at a point which is 540.5 feet North 00 15' East and 1208.58 feet from the most Northerly Northwest corner of the Peter Raymond Donation Land Claim in Township 5 South, Range 2 West of the Willamette Meridian in Marion County, Oregon; thence south 1622.50 feet to the South line of Page 2 - COUNCIL BILL NO, 1425 ORDINANCE NO. 2094 .. --......-----r'.---'.----------... ,.... a tract of land conveyed to Dan Widmer and Elfie M. Widmer, husband and wife, by instrument dated May 24, 1944, and recorded June 14, 1944, in Volume 304, Page 98, Deed Records for Marion County, Oregon; thence South 890 40' East along the South line of said tract, 660.0; thence North 1625.84 feet to the center of said County Road; thence West along the center of said County Road, 660.0 feet to the place of beginning. ALSO SAVE AND EXCEPT Beginning in the center of a County Road at a point which is 540.5 feet North 00 13' East and 1888.56 feet from the Northerly Northwest corner of the Peter Raymond Donation Land Claim in Township 5 South, Range 2 West of the Willamette Meridian in Marion County, Oregon; thence South 1625.84 feet to the South line of a tract of land conveyed to Dan Widmer and Elfie Widmer, husband and wife, by instrument dated May 24, 1944 and recorded June 14, 1944, in Volume 304, Page 98, Deed Records for Marion County, Oregon; thence South 89040' East along the South line of said tract, 802.30 feet; thence North 1629.90 feet to the center of said County Road 802.30 feet to the place of beginning. ALSO SAVE AND EXCEPT land conveyed to Thomas P. Campbell and LaVerne Campbell, by Eva Marie Obrist, recorded November 23, 1965, in Volume 609, Page 696, Deed Records for Marion County, Oregon. ALSO SAVE AND EXCEPT land conveyed to Landura Corporation, a California corporation, by Eva Marie Obrist, recorded June 19, 1974, in Volume 780, Page 682, Deed Records for Marion County, Oregon, Section 2. The real property described in Section 1 of this Ordinance is hereby annexed to the City of Woodburn with the inclusion of that portion of Parr Road right of way that fronts the School District Property. Section 3, The zoning designation of said real property is hereby reclassified from its present designation of Marion County Urban Transition Zone (UT) to City of Woodburn Single Family Residential (RS) District. Section 4. The zoning reclassification is subject to the conditions contained in Exhibit "A", attached hereto and incorporated herein, that the Council finds reasonable. Section 5. The annexation, and zoning reclassification of said real property are based upon staff report and, specifically, the findings contained in the staff report which are attached hereto as Exhibit "B" and by this reference incorporated herein. Page 3 - COUNCIL BILL NO. 1425 ORDINANCE NO. 2094 .-" -...-.."""---"" ._..._..._~'~-"-_._.._._._-~~"~". -- Section 6. The City Administrator or his designee is hereby directed to correct the Woodburn Zoning Map to the classification herein made. Approved as to for~~ City Attorney JO/ g /qZ I Date I APPROVED' ::f/t,lt w ~ FRED W. KYSER, MAYO Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: /1~ ~ MARY TE ANT, CITY RECORDER CITY OF WOODBURN, OREGON Page 4 - COUNCIL BILL NO. 1425 ORDINANCE NO. 2094 ~" .~".~_..,-,..,-,._..._...._._...~~--._-~._---- October 12, 1992 October 13, 1992 October 13, 1992 October 13. 1992 ......."" EXHIBIT "A" CONDITIONS OF APPROVAL 1 . A notarized letter requesting annexation from the property owners. 2. The decision of right-of-way for an arterial street that runs parallel to the School District south property line. 3. The City annex that portion of Parr Road right-of-way that fronts the School District property to the City limits to the east. .- ..--.-.,.-.--....-..-.-....--..---... r EXHIBIT "B" STAFF REPORT ANNEXATION 92-03 INTRODUCTION The Woodburn School District is interested in purchasing approximately 48 acres for needed additional school facilities. The District has concluded that a facility should be sited in the south central portion of Woodburn to better serve this area of our community. A conceptual site plan is attached as exhibit "B". 1. Location: The 48 acre site is located on the south side of Parr Road between the Brandywine Subdivision on the east and Centennial Park on the west. See Exhibit IlAIl. 2. Property Owners: Louis & Elsie Berning, 285 Canyon Mesa Dr., Sedona, AZ 86335 3. Existing Conditions of the Area Land Area: Acres - 48 acres General description of the area: 1. Slopes: - 0 to 3% 2. Vegetation: - farm crops 3. Drainage: - attached engineer's letter Exhibit "C" 4. Flood Area - property is not in flood area 5. Sewage disposal: - see map on Exhibit "A" 6. Utilities (gas, elect, tele) - see map on Exhibit "A" Existinq Land Use: 1. Number of single family units: ~ 2. Number of multiple family units: ~ 3. Commercial ~ Industrial ~ Public Uses ~ 4. Open Space ~ acres. 4. Wetland Determination: The City of Woodburn contacted the Division of State Lands (DSL) who are responsible for reviewing developments that may affect wetlands. DSL's response was that none of the property meets the wetland criteria. See Exhibit "D". ... '-"r'---'- --- ...., lOXHIBIT "B" 5. Public Facilities: Mitchell, Nelson, Welborn, Reimann Associates, Inc. have addressed, on a preliminary level, the opportunity to secure water and sewer service. Also preliminary observations have been investigated as to how to handle storm water run off. See Exhibit "E". As for street improvements and more detailed analysis of public facilities those would be addressed at such time as the Planning Commission reviews the School Districts site plan. 6. Applicable Criteria: A. Woodburn Comprehensive Plan a) Chapter IV Existing Lands: 1) It was in 1973-74 the City began working on the establishment an Urban Growth Boundary. This boundary was established in 1980. The applicants property lies within that Urban Growth Boundary. b) Chapter V Open Space, Scenic and Historic Areas and Natural Resources. Lands needed for open space are certainly accommodated with this proposal. A substantial amount of the property will be utilized for outdoor recreation and other activities. In regards to protection of wetlands none have been identified on this site by DSL. c) Chapter IX Goals and Policies Policy A-1 page 42 identifies the fact that "The neighborhood should provide a focus and identity within the community and should have a community facility to allow for interaction within the neighborhood." There area no parcels 48 acres in size within the City Limits that can accommodate a school site therefore land within the UGB was assessed for development. Policy D-1 page 46 state that there should be a five year supply of vacant land within the city. Policy H page 49 identifies the fact that public services must be available to all areas of the city in the way of water, sewer and streets. Those services are available to the site. Policy 1-1-2 page 51 requires a transportation system to interconnect residential areas with school and parks. This proposal will at the time of site plan review will require an -- .--r~_._--' - EXHIBIT "B" analysis of various modes of transportation i.e. street improvements, sidewalks, bike lanes and pedestrian trails. Policy J-1 page 55 states that growth should be orderly and accompanied by necessary public services. Of course providing adequate school facilities is one of those primary public services. d) Chapter X The Land Use Plan Policy E page 73 states that" In addition to the four major types of land uses, lands for public use are shown. These are lands which are used or intended for governmental units including lands which are currently owned by the City or School District. Future acquisition sites are not indicated, however, as this may tend to affect the price the public will have to pay. As the location of these sites depends a great deal on price and availability, the City and School District will have to make the decisions at the time the acquisition is needed as to the best location." e) Chapter XII Implementation of the Plan Growth management pages 83-86 identifies the fact that providing adequate public facilities such as schools is an integral part of good growth management policy. f) Urban Growth Policy - City of Woodburn/Marion County The proposal has been submitted to Marion County for review. 7. Findings: 1. The proposed site lies within the City's Urban Growth Boundary 2. The Comprehensive Plan Map designates this property for single family residential use. 3. Schools are permitted as a Conditional Use in single family residential designated areas. 4. The property has no identified wetlands. 5. Public services in the way of water and sewer are available. 6. The property is not subject to flooding. 7. The request will fulfill a future public need. RECOMMENDATION: Staff recommends approval of the Annexation request. . '-~""'._'-T-~"'-'''-"'._'''--'-'-"''---'~---'~---'-"'- - EXHIBIT "B" CONDITION OF APPROVAL: 1. A notarized letter requesting Annexation from the property owners. 2. The dedication of right-of-way for an arterial street that runs parallel to the School Districts south property line. 3. The City annex that portion of Parr Road right-of-way that fronts the School District property to the City limits to the east. '~---r'----~- -.--------.-. - 1\ .. !)W-l\ON f\\t ~ II GXH I f3 / r A ~ox 1m iry MAp 0+ ~i+V .;,....., ':\u PARR ,gl,Sfofl.P1 5 cvJf.11; . . . . ;f% PlJ~ S 1'1' e;; ., ) 2 Id/~O~ se,; L E.XH \ \SIT 1\ ..-.""T""-.....-".-...---. -, -, cXHll6lT I<BI( ::J A R R R 0 A D., EXHIBIT "R" N ,JJ-:;.;).CO/ W 4- E 5 '<l ": '<l T' W 1I1 co g :z: .., ~ .... '0 M CD T" ,. 0"':1. lD5.--.. ...~: . " . , '<l co M co "- ... .. .., t"'; C -- - ..1., .-:... lJ.- . . ~~~~ (1~~D5 . . o .... . , . \0 I . ,,\~ - \l !f-" . ,0 . I, rl~.06 =:!.f' . .' .. -:- ..... o\. 0 '\ ,\!; . I~ .-....: . .~ ~" ~~ f;;-e ,.1,. T .' . , .) ; -> . J I: ~.. CD , o o V1 p~AY ("If; 1- D 5 'h~"_:~".::"";;:r"..>L.r......'.;.,. . -- . ~. ,., r-:-,./1,.r', ,'~':: ~ ~:...~;:~ _:~~\;.~.~;~~::{~t '" t_"l~h r'\ ,. ,,'.~r ......v ......~ ~v << Q:-~ . '>..f.0.~ 0\. 8 0 ..<.....'-'-- - - 0'0 o EX\-\\D\\ ~ .', 1:'/ ! r ,- , ......, , ; - EXHIBIT "B" EXHI(2,IT "ell ~ B-3, F-2500-01 FUJITANI HILTS & ASSOCIATES, INC. /FHA/ GEOTECHNICAL CONSULTANTS July 2, 1992 Ms. Marci Christian Woodburn School District No. 103 965 N Boones Ferry Road Woodburn, Oregon 97071-9674 PRELIMINARY GEOTECHNICAL EVALUATION PARR STREET SCHOOL SITE Dear Ms. Christian: In response to your request and authorization on July 2, we have completed a preliminary geotechnical evaluation of the above property. The purpose of this evaluation was to de- termine if existing soil conditions, as they relate to foundations and earthwork, would negatively impact your Boards intention to purchase this property for eventual school con- struction. Our study was based upon a site visit by our Geologist, Kim Elliott, on July 1, our general knowledge of the area, and a review of available file information on a nearby project. The work did not include an environmental assessment of the site to determine the possible presence of hazardous materials. This report was prepared for your use in determining the feasibility of purchasing the sub- ject property. It is not intended as a design document or to be used in place of a compre- hensive geotechnical investigation for project design. We would appreciate the opportunity to prepare a proposal for a site-specific geotechnical investigation if you proceed with the purchase of the property and project development. SITE CHARACTERISTICS The site is located on the south side of Parr Street immediately west of Elana Way. From the City map you have provided, it appears to consist of about 55 acres with 1,400 feet fronting Parr Street. The site is currently a relatively level, open, cultivated field. The site and surrounding undeveloped areas have been farmlands dating back to at least 1936. There are currently no buildings on the site. The school site is located within the Willamette basin that was formed by the folding and faulting of Columbia River Basalt flows and older marine sedimentary rocks. The basin 2255 S.W Canyon Rd. . Portland, OR 97201 . 503/223-6147 . FAX 503/223-6140 E'" \~ \"R \\ C T- ..-_.~ ..._.-.. -----...... ..-..... """ ....l2XHIBIT "B" Ms. Marci Christian July 2, 1992 Page 2 F-2500-01 has been partially filled with consolidated and semi-consolidated non-marine sedimentary deposits. The most recent of these deposits are the Willamette Silts which were deposited by water back-flooded from the Columbia and WilIamette Rivers during catastrophic flooding some 12,000 to 19,000 years ago. The WilIamette silts underlie the current ground surface, and consist generally of interlay- ered fine sandy silts, clayey silts, silty fine sands and occasionally silty clays. Beneath the site, these soils probably extend several tens of feet below the ground surface. Regional groundwater is usually relatively deep and occurs within the underlying sands and gravels of the Troutdale Formation. However, local and seasonal groundwater can be perched within the more permeable zones of the WilIamette Silts, and during the wet season water levels can rise temporarily to, or close to the ground surface. GEOTECHNICAL CONSIDERATIONS The site, in our opinion, will prove acceptable for conventional continuous and individual spread footing foundations for typical school construction. Allowable bearing in the Willamette silts generally varies from 1,500 to 3,000 pounds per square foot depending on site-specific conditions. Parameters for foundation design should be determined on the basis of explorations during the design phase. Site preparation usually entails stripping the of the upper 12 to 18 inches from beneath building and pavement areas to remove the topsoil and root zone. The underlying undis- turbed soils, after proof rolling, will provide and acceptable subgrade for pavement, floor slab, and structural fill construction, in our opinion. The on-site soils can be used for fill, but they are sensitive to placement moisture content and workability is poor, so their use as fill is sometimes limited landscaping and yard areas where compaction is not critical. The practicability of using on-site soils for structural fill will depend upon support requirements and anticipated moisture conditions at the time of construction. Drainage within the Willamette silts is typically poor. Because of this and high seasonal groundwater, the site will not prove acceptable for water discharge through conventional drywells, in our opinion. Surface runoff should be channeled in surface ditches or shallow retention basins, or collected and discharged into storm sewers if available. Special drain- age provisions may also prove necessary beneath gymnasium floor slabs and other areas that may be particularly sensitive to subgrade moisture. Drainage will also require special attention with respect to running tracks and athletic playfields. E.~\-\ \ 13\\ ,. '-- --.--. ,,'---,--., -...-,----~.__. - -- EXHIE -. liB" Ms. Marci Christian July 2, 1992 Page 3 F-2500-01 CONCLUSIONS Based upon our study and evaluation of the proposed site, and assuming development for typical school facilities, it is our opinion that there are no unusual geotechnical site charac- teristics that would preclude purchase of the property. We trust that this information will satisfy your present needs. Sincerely, FUJITANI HILTS & ASSOCIATES by !1-riu{i/.:&- Senior Vice President F25000IA.DOR [~\--\ \ 6 \\ C . ...-.-. .-,----.--......--.-.. ". CITY OF WOODBURN 270 Montgomery Street . Woodburn, Oregon 97071 . 982-5222 September 3D, 1992 Keith Robinson, Woodburn School District Louis & Elsie Berning Dear Applicant: At this time the City of Woodburn is proceeding with the process of annexing your property. This action would result in the conversion of your land from its existing land use designation of Urban Transition by Marion County to a City designation of RS (Residential Single Family). Attached is a map that identifies that property the City Council has considered for incorporation into the City. However, prior to the City carrying out ordinance adoption your response as a property owner is required. Please answer the following question, sign and return. Do you wish your property to be annexed to the City? Yes L No In closing, the City Council will adopt the Annexation Proposal at their October 12, 1992 meeting. . )- 1ii .. . /~ . / ~ -' ~~/ .' - ' -- - .-' }hRObi~ ~.. /' ~ tutU? c Louis Ber .