Ord 2050 - Reclass Prop 214/Prog
COUNCIL BILL NO. 1261
ORDINANCE NO. 2050
AN ORDINANCE RECLASSIFYING CERTAIN PROPERlY LOCATED NORTII OF Sf ATE
lllGHWAY 214 AND EASf OF PROGRESS WAY; AMENDING TIIE COMPREHENSIVE PLAN
FROM INDUSTRIAL TO COMMERCIAL; AMENDING TIIE ZONING ORDINANCE FROM IP
(INDUSTRIAL PARI<) TO CG (COMMERCIAL GENERAL); AND DECLARING AN EMERGENCY
WHEREAS, Craig Gasser submitted a development proposal to the Planning Commission
containing the land use changes specified herein, and
WHEREAS, the owners of the involved real properties, Earl and Donna Doman and
Morgan Drive Away, Inc., have submitted written petitions requesting the land use changes
specified herein, 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 CrlY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. The legal description of the first involved property is as follows:
A Portion of Tax Account No. 42526-000
November 15,1990
Beginning at the most easterly comer of that tract of land conveyed to MORGAN
DRIVE AWAY, INC. by deed recorded in Reel 60, Page 0716, Deed Records for Marion
County, Oregon, which point is recorded as being 551.64 feet South 89033'21' West
and 3073.21 feet South 41014'32' West and 491.43 feet South 89030'02' East and
808.87 feet South 0011'19' West and 880.99 feet South 89039'29' East from the
Southeast comer of the P.M. Gleason Donation Land Claim No. 49 in Township 5
South, Range 1 West of the Willamette Meridian in Marion County, Oregon; thence
North 89038'30' West along the South line of said MORGAN DRIVE AWAY tract,
229.22 feet to the Southwest comer thereof; thence North 48 044'15' West along the
southwesterly boundary line of said tract, 128.27 feet; thence South 88005'00' East
236.72 feet to a point on the northeasterly boundary line of said MORGAN DRIVE
AWAY tract; thence South 48044'38' East along said boundaty line, 118.46 feet to the
point of beginning.
The above described parcel of land contains 18,515 square feet of land, more or less.
A map of said property is attached hereto as Exhibit "A" and, by this reference,
incorporated herein.
Page 1 -
COUNCIL BILL NO. 1261
ORDINANCE NO. 2050
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Section 2. The legal description of the second involved property is as follows:
A Portion of Tax Account No. 42522-770
November 15, 1990
Beginning at the most easterly comer of that tract of land conveyed to MORGAN
DRIVE-AWAY, INC. by instrument recorded in Reel 151, Page 1802, Records for Marion
County, Oregon, which point is recorded as bearing North 89033'21" West 551.64 feet
and South 41014'32" West 3073.21 feet and South 89030'02" East 491.43 feet and
South 000 11'19" West 808.87 feet and South 89039'34" East 651.89 feet from the
Southeast comer of the P.M. Gleason Donation Land Claim No. 49 in Township 5
South, Range 1 West of the Willamette Meridian in Marion County, Oregon; thence
North 89038'30" West along the South line of said MORGAN DRIVE-AWAY tract,
213.78 feet to the Southwest comer thereof; thence North 48044'32" West along the
southwesterly boundary line of said tract, 137.46 feet; thence South 88005'00" East
220.81 feet to a point on the northeasterly boundaty line of said MORGAN DRIVE-
AWAY tract; thence South 48044'15" East along said boundary line, 128.27 feet to the
point of beginning.
The above described parcel of land contains 18,599 square feet of land, more or less.
A map of said property is attached hereto as Exhibit "B" and, by this reference,
incorporated herein.
Section 3. The legal description of the third involved property is as follows:
A Portion of Tax Account No. 42511-001
November 15,1990
Beginning at the most easterly comer of that tract of land conveyed to Earl A.
Doman and Donna R. Doman by deed recorded in Reel 682, Page 0275, Records for
Marion County, Oregon, which point is recorded as bearing North 89032'21" West
551.64 feet and South 41 0 14'32" West 3073.21 feet and South 89030'02" East 491.43
feet and South 0011'19" West 808.87 feet and South 89039'34" East 438.08 feet from
the Southeast comer of the R.M. Gleason Donation Land Claim No. 49, in Township
5 south, Range 1 West of the Willamette Meridian in Marion County, Oregon; thence
North 890 38'30"West along the South line of said Doman tract, 106.35 feet; thence
North 1 055'00" East 90.03 feet to a point on the Northeasterly boundary line of said
Doman tract; thence South 48044'32" East along said boundaty line, 137.46 feet to the
point of beginning.
The above described parcel ofland contains 4786 square feet ofland, more or less.
A map of said property is attached hereto as Exhibit "c" and, by this reference,
incorporated herein.
Section 4. The property described in Sections 1 through 3 above is hereby reclassified on
the Woodburn Comprehensive Plan Map from Industrial Use to Commercial Use and the
Woodburn Comprehensive Plan is amended to reflect the same.
Page 2 -
COUNCIL BILL NO. 1261
ORDINANCE NO. 2050
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Section 5. The zoning of the property described in Sections 1 through 3 above is hereby
reclassified from IP (Industrial Park) to CG (Commercial General) and the Woodburn Zoning
Map is amended to reflect the same.
Section 6. Notwithstanding Sections 4 and 5 above, amendment and reclassification of
the property described in Sections 1 through 3 above under the Woodburn Comprehensive Plan
and Zoning Ordinance is conditioned upon submission of a final partition map in Minor Partition
Case 90-04. Said final partition map shall be signed by a registered engineer or surveyor,
approved by the Woodburn Community Development Director, and recorded with the Marion
County Clerk.
Section 7. The Comprehensive Plan amendment and zoning reclassification are based upon
the findings of approval contained in the staff report which are attached hereto as Exhibit "0"
and by this reference incorporated herein.
Section 8. The Comprehensive Plan amendment and zoning reclassification are subject to
the conditions contained in Exhibit "0", attached hereto and incorporated herein, that the
Council finds reasonable.
Section 9. Emerllencv 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 Mayor.
Approved as to form:
City Attorney
Date
APPROVED: c%/YV'~ /l ~
NANCY A KIRKSEY, MAYOR 7
Passed by the Council
November 26, 1990
Submitted to the Mayor
November 28, 1990
Approved by the Mayor
November 28, 1990
Filed in the Office of the Recorder
November 28, 1990
ATTEST: fl1~ ~J
Mary Te ant, Deputy Recorder
City of Woodburn, Oregon
Page 3 -
COUNCIL BILL NO. 1261
ORDINANCE NO. 2050
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EXHIBIT "D"
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STAFF REPORT
ZONE MAP AMENDMENT CASE #90-03
COMPREHENSIVE MAP AMENDMENT CASE #90-01
A:
APPLICANT:
Craig Gasser
B: PROPERTY LOCATION: Apprm:ima"tely 450 feet east from f'rogress
Way and 450 feet north from Mt. Hood Ave.
(See Attachment ::A11)
C.
REQUEST:
Applicant requests Planning Commission
approval to rezone approxima tel y 1 a"''''.o of
land from IF (Industrial Park) to CG
(Commercial General). The corresponding
Ccmnrehensive p~an Map. ~ust. be amended from
Industrial to commerc~a.l.. (See Attachment
lIDn,
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D. APPLICANT'S STATEMENT OF INTENT:
This request for a zoning change is being made to allOW the
~roperty to be combined with a muc~ larger piece of property
to facilitate a large commercial development. The property as
it now exists is zoned for industrial use. Our objective is
that by ~ezoning this property we can provide additional land
needed for a proposed commercial development. The development
will consist of a large retailer with national recognition
whose presence will benefit the City of Woodburn economically
a~d by way of employment opportunities.
parcel and boarders a commerC.lal zone. By rezoning ....i.. '-
commercial it will not isolate, segment or divide any or the
remaining industrial zoned property.
the entire south boundary
The property is at the back
Comprehensive Plan.
is zoned General
T~is request
Property or:
Commercial.
is in conformance with ~he
of a much la~ger
The public stands to benefit form this rezone since .l~ will
allow the developer the needed additional property for their
employment opportunities to the city. Also the public will
enjoy the convenience of local shopping as opposed to
traveling a considerable distance to a larger city. As the
city grows their is greater demand for retail products not to
mention the need for a broader range and greater variety of
products. The rezone wi 11 help to sat isfy these shopping
demands.
In surveying the area, no other property was round which would
satisfy the requirements of the proposed development. Because
the property is located adjacent to the commercial zone and
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EXHIBIT "0"
Pg. 2 of 6
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there ~s a need for greater depth than can be offered on the
commercially zoned property it is critical that this parcel be
used and no other property wil.l qualify.
The property is located along the bacl~ of a larger parcel
being used for industrial purposes. The shape of the larger
parcel is such that the corner in the parcel being rezoned is
not being utilized nor is it functional for our industr~al use
purposes.
We hereby request and petition the City of Woodburn to rezone
the property as described in this application form IP to GC.
(See Attachment :Ie:')
E. APPLICABLE COMPREHENSIVE ~N AND ZONING ORDINANCE CRITERIA:
Comprehensive Plan (See Attachment "D")
Commercial Development Policies
Chapter IX, Goals and Policies, Section B
.,
Chapter VIII, Land Needs for the Future
C
;J.
Commercial La.nd
2. Zoni~g Ord~nance
Chanter 16:
Section 16.040. Concurrent Zone Chanqe Request. Plan
changes can be reviewed concurren~ly w~~n Zone Change
requests, except that separate criteria and filing fees
shall be reauired.
Section 15.050. Plan Amendment Criteria. Before a Plan
Amendment can be ~ade, the Common Council must find that
the proposal meets the following criteria:
QI The proposal complies with all applicable Statewide
Goals and Guidelines.
b} 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.
d) The proposal best satisfies the nUD1~c need.
Section 16.080. Burden of Proof. The following specific
questions snail. be given consideration In evaluating
requests regarding plan and zoning amendments and are as
fo110\1'ls:
2
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EXHIBIT "0"
Pg. J of 6
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~; 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; or
3) Show that there has been a change in the
planning and growth pol icy of the C"i ty;-
b) To support a zone chanqe, the applicant shall:
1) Show there is a need for the use proposed;
2} Show that the particular piece of property in
question will best meet that need.
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Map amenaments are I'Jua~c~a~ ~~Ke", in tnat a
decision must consider the evidence and weigh tha~
evidence against what the Comprehensive Pla~
directs
. _. . _. -
~~e counell LO co.
F. STAFF COMMENTS:
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The request foy a zone change and
Map amendment is being made cO
commercial development.
a Comprehensive Flan
facilitate a large
The propertYr appro:-::imately 1 acre, is presently zoned II'
{Industrial Park) and designated Industrial on the
COillDrehensive Plan Map,
- -
The primary objective of the zone
request is to proo:"Tide additional
retail center.
change/plan amendment
land for a proposed
In surveying the area, no other property was found which
would satisfy the requirements of the proposed
dev'elopment. This 1 acre parcel is adjacent to the
commercial zone and there is a need for a greater depth
to develop the proposed retail center than can be offered
on the 10 acre commercial parcel located at the northeast
corne~ of the intersection of Progress Way and Mt. Hood
Avenue.
2} The 1 acre parcel ~~ located along the back of a larger
parcel zc~ed IF and designated Industrial. The shape of
the larger industrial parcel is SllCh that the corner in
the parcel req~estec to be rezoned is not being ~tilizec
l.U';' is i. t runct ionsl for any indus"tr ial uses. Therefore,
-0
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EXHIBIT "D"
Pg. 4 of 6
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the proposed zone/map amendment request will create more
efficient use of land, since it will stimulate commercial
development..
3} The property - the one acre strip - is located at the
back of a much Jarger industrial parcel and borders a
commercial zone. By rezoning it from Industrial Park to
Commercial General will not isolate, segment-or.divide
any of the remaining industrial properties.
4) T~e proposed request will allow the developer the needed
additional property for the development which, in turn,
will eventually bring greater shopping and employment
opportunities to the city, and consequently, will
diversify ~he shopping demands by providing a broader
range and greater variety of products.'
G. STAFF FINDINGS AND RECOMMENDATIONS:
The proposal complies with the commerClal development
policies outlined by the Woodburn Comprehensive Plan.
The
proposal satisfies
the public need for more
diversified shopping demands in Woodburn.
3. The property - 1 acre parcel ~ will best meet the design
criteria to develop the proposed retail center at the
intersection of Progress Way and Mt. Hood Avenue.
Staff recommends approval of the proposed comprehensive plan
map amendment and zone change request subject to the following
conditions:
1. Appro,,:.ral granted by the Planning Commission shall be
effective only when the right granted shall be commenced
within one year from the effective date or this approval.
2. A retail shopping center as requested and presented by
the Site Plan Review case #90--10 shall be developed. In
case such retail center is not developed within one year,
or extension obtained, the zone and comprehensive map
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request shall be void.
p_., l.~.;ri tter: :-eq...es:: fo!' a:!1 ex'tensicn 0:: ti:!le shall be f ilea
Communi t:~i De~..7elQPilien~ Direct:or at: least
~-,,-,
vv
days
"dj th the
prlor to the expiration of the application.
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