Ord 2062 - Reclass Prop Clevelan
COUNCIL BILL NO. 1305
ORDINANCE NO. 2062
AN ORDINANCE RECLASSIFYING CERTAIN PROPERTY LOCATED ADJACENT TO
AND ON THE SOUTH SIDE OF CLEVELAND STREET JUST EAST OF THE RAILROAD
TRACKS FROM LOW DENSITY RESIDENTIAL/OPEN SPACE AND PARKS TO PUBLIC
USE AND FROM RS (SINGLE FAMILY RESIDENTIAL DISTRICT TO PS (PUBLIC
SERVICE DISTRICT).
WHEREAS, the City of Woodburn, Public Works Department, submitted a
development proposal with a request to amend the city's zone and comprehensive plan
map,and
WHEREAS, the Planning Commission conducted a public hearing and
recommended that the City Council approve said changes, and
WHEREAS, the City Council conducted a public hearing and heard testimony
relevant to said changes, NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. The legal description of the property is as follows:
Beginning at a point in the center of Cleveland Street, which point lies South
520 00' East 472.56 feet from the Northeast corner of Block 1, Settlemier's
Addition to Woodburn, Marion County, Oregon; thence South 580 00' East
along the center of said Cleveland Street, 323.4 feet; thence South 310 30'
West 525.36 feet; thence North 580 30' West 323.4 feet; thence North 310
30' East 522.72 feet to the point of beginning.
SAVE AND EXCEPTtherefrom the following described premises: Beginning
at a point in the center line of East Cleveland Street in Woodburn, Oregon,
South 520 East 7.16 chains and South 580 East 4.90 chains from the
Northeast corner of Block 1, Settlemier's Addition to Woodburn, in Marion
County, Oregon; thence South 31030' West 148'h feet; thence North 580
West parallel with Cleveland Street, 130 feet; thence North 310 30' East
148'h feet; thence South 580 East along the center line of Cleveland Street,
130 feet to the place of beginning.
ALSO SAVE AND EXCEPT therefrom a parcel described as: Beginning at
a point lying South 52000' East 472.56 feet and South 31031' West 522.72
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COUNCIL BILL NO. 1305
ORDINANCE NO. 2062
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feet and South 580 30' East 20 feet from the Northeast corner of Block 1,
Settlemier's Addition to Woodburn; thence South 580 30' East along the
South line of that certain tract of land conveyed in deed recorded in Volume
593, Page 328, Deed Records of Marion County, Oregon, a distance of
303.4 feet to the Southeast corner of said tract; thence North 310 30' East
along the East line of said tract, 40.0 feet; thence North 580 30' West 303.4
feet to the Northwest corner of a tract of land conveyed in deed recorded
in Volume 659, Page 54, Deed Records for Marion County, Oregon; thence
South 310 30' West 40 feet along the West line of said tract to the place of
beginning.
ALSO SAVE AND EXCEPT therefrom a parcel of land conveyed to the City
of Woodburn by Warranty Deed dated December 7, 1979, and recorded
December 31, 1979, in Reel 197, Page 392, Microfilm Records, Marion
County, Oregon.
ALSO SAVE AND EXCEPT the following easements:
(1) Sewer line easement - Vol. 493, Page 488
(2) Sewer line easement - Reel 143, Page 1687
(3) Sewer service connection to 404 Brown Street and running Northerly from
a point 43 feet West from M. H. MC-26
A map of said property is attached hereto as Exhibit "A".
Section 2. The property described in Section 1 above is hereby reclassified on
the Woodburn Comprehensive Plan Map from Low Density Residential/Open Space and
Parks to Public Use.
Section 3. The zone designation of the property described in Section 1 is hereby
reclassified from RS (Single Family Residential District) to PS (Public Service District.)
Section 4. The Comprehensive Plan Amendment and zoning reclassification are
based upon the findings of approval contained in the staff report which is attached hereto
as Exhibit "B" and by this reference incorporated herein.
Section 5. Emeraencv Clause. 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 MaY,9kJ/I /l U ~
Approved as to form: / ) .~/~",C )
City Attorney Dat
Page 2
COUNCIL BILL NO. 1305
ORDINANCE NO. 2062
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APPROVED, :r~ w ~
FRED W. KYSER, M R
Passed by the Council June 10, 1991
Submitted to the Mayor June 11, 1991
Approved by the Mayor June 11, 1991
Filed in the Office of the Recorder June 11, 1991
ATTEST: a..<-<.
Mary Tenna ,Deputy Recorder
City of Woodburn, Oregon
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COUNCIL BILL NO. 1305
ORDINANCE NO. 2062
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VICINITY MAP
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STAFF REPORT
ZONE MAP AMENDMENT CASE # 90-05
COMPREHENSIVE PLAN MAP AMENDMENT CASE # 90 -02
SITE PLAN REVIEW CASE # 90-15
APPLICANT/PROPERTY OWNER:
CITY OF WOODBURN
PROPERTY LOCATION:
CLEVELAND STREET (SEE ATTACHMENT "A")
ZONE:
SINGLE FAMILY RESIDENTIAL
COMPREHENSIVE PLAN DESIGNATION: LOW DENSITY RESIDENTIAL/OPEN
SPACE AND PARKS
REQUEST:
11 !Q consider an amendment to t.hp Woodburn Zone
a_pprD~<ima.tel'l .3~22 acres from SR ( Single Family r;.~esidential
Public Services District) with concurrent Comprehensive Plan
Low Density Residential/Open Space <3.nd F'aTks to Public Use.
Map to rezone
District to PS
amendment f,-om
2) To consider (:l.ll a.pplication for site plan review to develop 3. stDr3CjE
facility' material storage area)
STATEMENT OF INTENT:
., ...Tnis 3.22 acre parcel was donated to the Cily~ The intent of the project
IS to have the parcel j-ezoned from its current HS zone, to a PS zone f01-
nublic use. The next pha,se is to enclose an area appro;{imately 110 ft.. by 17(,
ft.~ with a Site-obscuring chain link fence with a sliding gate 6t the
e>~lst}ng 24-foot d\-lv'ewd.\! .;:~pn)n~ f01- sto\-ing Cit''! materials.
This phase would also include asphalting a portion of the enclosed lot tor the
;jcivei,;J.:3./ Ci.nd pla..cing 91-a.v21 on the remaining fenced-in a,rea~ A150~ a. cc;ncrete
eq,-..lipment w>3.shdc.wn area will be installed within the fenced .;:I.I-ea.="I'=
A) ZONE MAP AMENDMENT AND COMPREHENSIVE MAP AMENDMENT
I. Applicable Zonina Ordinance Criteria:
1)
2 ~
Chapter
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Zone Change Procedure~
COffi\:n-ehensiv2 Pla.fi Amendment Procedure"
16"
SectiDn 16.050. Plan Amendment Criteria.
Befon::" a PlaT1 Amendment can be ma.de~ the Pla.nning Commission mU'3t fiY'lj that
the proposal m~~T~ the followina criteria:
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a) The proposal complies with all applicable Statewide Goals and Guidelines~
j} The proposal complies with the remaining Goals and Policies of the
Comprehensive Plan~
c) There is a clearly demonstrated public need for the proposed amendment~
OJ The proposal best satisfies the public needz
Section 16.060. Burden of Proof.
The following specific
requests regarding plan
questions shall be given
and zoning amendments and
consideration in
are as follows:
evaluation
aj To support an amendment to the Comprehensive Plan, the applicant shall
1) Prove that the original plan was in error;
2) Show that the community has changed since the original plan was
adopted ~ 01-
3) Show that there has been a change in the planning and growth policy
of the City.
b) To support a zone change, the applicant shall~
1) Show there is a need for the use proposed;
2) Show that the particular piece of property in questions will best
meet that need:
II. Staff Comments and Evaluation of the ReQuest.
1. The property is approximately 3.22 acres in area.
2: The property is zoned Single Family Residential.
3. The Comprehensive Plan Map indicates that approximately 65%
property is designated as Open Space and Parks and approximately 35%
property is designated as Low Density Residential.
4. The property is vacant at present time.
5. Approximately only 20% of the total area of
developable; the major part of the parcel is located
floodplain area (see Attachment "B")
6: The parcel was donated to the City.
7. The Public Works Department wants to develop the portion of
directly adjacent to Cleveland Street ( see Attachment "e" and
Site Plan Review # 90-15 included to this report).
8: The intention of the Public Works Department is to use the developable
portion of the property as material storage area:
q: The;-e is al ready a ci ty shop operated by the Publ IC Works Department
located one block north from the subject property ( see Attachment "DII )
10~ The parcels adjacent to the subject property are zoned Single Family
Residential and their Comprehensive Pla.n designa.tion IS Low Density
Residential/Open Space Parks: The major part of the surrounding area is
located within the identified floodplain area:
of the
of this
the parcel may be
within the identified
the pn.pe,-ty
staff report
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II. STAFF CONCLUSIONS AND RECOMMENDATIONS:
1. The property is approximately 3:22 acres but only small part of this parcel
is developable ( approximately 20% of the area).
2. The property is vacant at present time at is not suitable for any type of
intense development due to the fact that the major part of the property is
located in the floodplain area~
3. The property is located one block away from the City shop.
storage area;
improvements on
Works Department
this type of
the site
wants to utilize this
development does not
parcel as
require d.ny
mate;-ial
intense
4. The Public
5. The parcel seems to be the
storage facility because;
- the parcel is not suitable for
- the parcel is not suitable for
of the parcel may be developable
-the proposed development will
neighborhood
best available site to develop a material
any intense development
residential development; only small portion
not affect the residential chara.cter of the
III. RECOMMENDATION:
Staff recommends
Plan Map # 90-02
1~ The proposal
Plan.
2: There is a clearly demonstrated public need for the
3. The property will best meet the need for a material
operated by the Public Works Department..
approval of Zone Map Amendment Case # 90-05
based on the following conclusions:
complies with the Goals and Policies of
and Comprehensive
The Comprehensive
proposed amendment..
storage facility
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PART B. SITE PLAN REVIEW -- MATERIAL STORAGE AREA
I. Applicable Ordinance Criteria:
Woodburn Zoning Ordinance:
a) Chapter 10m Off-Street ParkingJ Loading & Driveway Standards
b) Chapter 11. Site Plan Review
c) Chapter 34. Public, Semi-Public & Government District
- Woodburn Floodplain Ordinance
II. Staff Comments:
1~ The Public Works Department wants to utilize only a strip adjacent directly
to Cleveland Street.
2. The basic idea of the site plan is to enclose an area
by 170z~ with a site obscuring chain link fence with a
existing 24-foot driveway apron.
( see Attachment "E")
3. The City wants to use the parcel for storing materials.
4. The development will include asphalting a portion of the enclosed lot for
the driveway and placing gravel on the remaining fenced-in area~ Also a
concrete equipment washdown area will be installed within the fenced area (
see Attachment liEU)
5: The driveway approach is 24
p!Dvide any specific standards
DistJ-ict:
6.There is already a sidewalk adjacent to the property.
approximately 110ft.
sliding gate at the
feet wide:
for driveway
The Zoning Ordinance does not
approach for the Government
III. Staff Recommendations:
Staff recommends approval
following conditions:
1. Engineering:
a) Final plan shall conform to
Standards;
bj All work shall conform to Woodburn Standard Specifications and all state
buildirH;I codes:
c) Area between the fence and sidewalk
dj The proposed development shall
Ordinance.
e) Wash area shall discharge into a clarifier prior to
sanitary sewer system
f) Backflow device will be required on water service to this parcel.
2.Planning:
a) The fence shall be erected and maintained at a height of at least four
feet but not more than seven feet.
of the requested Site Plan Review subject to the
the Construction Plan Review Procedures and
shall be landscaped~
comply with the Woodburn Floodplain
discharging into the
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~OO-Year Flood Boundary--~
KEY TO MAP
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CORPORATE LIMITS
100-Year Flood Boundary-~
Zone Desi~nations* With
Date of Identification
..g,.12/2/74
';"OO-Year Flood Boundary--
:iOO-Year Flood Boundary----
Base Flood Elevation Line
With Elevation In Feet..
513
(lase Flood Elevation in Feet
Where Uniform Within Zone**
(EL 9871
River Mile
Elevation Reference Mark
RM7X
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".Referenced to the National Geodetic Vertical Datum of 1929
*EXPLANATION OF ZONE DESIGNATIONS
ZONE
A
AO
AH
),1-A30
A99
V1-V30
EXPLANATION
B
Areas of laO-year flood; base flood elevations and
flood hazard factors not determined.
Areas of lOa-year shallow flooding where depths
are between one (1) and three (3) feet; average depths
of inundation are shown, but no flood hazard factors
are determined.
Areas of lOO-year shallow flooding where depths
are between one (1) and three (3) feet; base flood
elevations are shown, but no flood haz.ard factors
are determined.
Areas of laO-year flood; base flood elevations and
flood hazard factors determined.
Areas of 100-year flood to be protected by flood
protection system under construction; base flood
elevations and flood hazard factors not determined.
Areas between limits of the 100-year flood and 500-
year flood; or certain areas subject to 100-year,flood-
ing with average depths less than one (1) foot or where
the contributing drainage area is less than one square
mile; or areas protected by levees from the base flood.
(Medium shading)
Areas of minimal flooding. (No shading)
Areas of undetermined, but possible, flood hazards.
Areas of 100-year coastal flood with velocity (wave
action); base flood elevations and flood hazard factors
not determined.
Areas of lOO-year coastal flood with velocity (wave
action); base flood elevations and flood hazard factors
determ ined.
-B"
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