Ord 2039 - Annx & Reclass 99E/L
COUNCIL BIll NO. 1219
ORDINANCE NO. 2039
AN ORDINANCE ANNEXING AND RECLASSIFYING CERTAIN PROPERTY lOCATED ON THE
EAST SIDE OF HIGHWAY 99E NORTH OF LAUREL AVENUE FROM MARION COUNTY EXCLUSIVE
FARM USE (EFU) TO WOODBURN RESIDENTIAL SINGLE FAMILY (RS) CLASSIFICATION,
REPEALING ORDINANCE 2037, AND DECLARING AN EMERGENCY.
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. 89-01, and Zone Change Case No. 89-05 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:
Beginning at the initial corner of this subdivision which is
a stone 6" x 12" marked with an "X" and "CS" which is the northeast
corner of lot 16, Block 1 of Wynn's Addition to Woodburn, a sub-
division recorded November 20, 1934, Marion County, Oregon; thence
north 89006' west along the north 1 ine of Lot 16, 365.10 feet;
thence south 03000' east 203.17 feet to the north ri ght-of-way
1 ine of Laurel Avenue; thence along said right-of-way 1 ine, north
86059' 14" east 251.85 feet to the east line of Lot 16, Block
1; thence north 03000' west along said east boundary, 19.60 feet
to a stone 6" x 8" w/cross; thence north 32018'46" east 194.46
feet to the place of beginning.
Section 2. The real property described in Section 1 of this
ordinance is hereby annexed to the City of Woodburn.
Section 3. The zoning designation of said real property is hereby
reclassified from its present designation of Marion County Exclusive Farm
Use (EFU) to City of Woodburn Residential Single Family (RS).
Section 4. The annexation and zoning recl assi fi cati on of said
real property are based upon the staff report and, specifically, the findings
Page 1 - COUNCIL BILL NO. 1219
ORDINANCE NO. 2039
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contained in the staff reports which are attached hereto as Exhibit "A"
and by this reference incorporated herein.
Section 5. The City Administrator or his designee is hereby
directed to correct the zoning map to the classification herein made.
Section 6. Ordinance 2037 is hereby repealed.
Section 7. 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:71.~ ~
City Attorney
~/IO/qD
J Oate'
APPROVED: C-;?,:'~~;7 W~----7
NANCY A. K KSEY, ~lAYOR /
Passed by the Council May 14, 1990
Submitted to the Mayor May 16, 1990
Approved by the Mayor May 16, 1990
Fil ed in the Offi ce of the Recorder May 16, 1990
ATTEST:
J/ ~'" ;'
/ ,a.{.L' ",.~/'\
Mary Ten nt, eputy Recorder
City of Woodburn, Oregon
Page 1
COUNCIL BILL NO. 1219
ORDINANCE NO. 2039
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OF
WOODBURN
CITY
COMPREHENSIVE LAND USE PLAN
CJ REB-IDI!!NTIAL < '2 UNITS PU
[3 RESIDENTIAL > '2 UNITS PEl
-"" COMMI!!'RCIAL
- I~DUtlTRIAL
- OPI!N SPACI! AND PARKS
Iia PUBLIC US"
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STAFF REPORT
ANNEXATION CASE #89-01
I. REQUEST:
The applicant, Bill Shillig, is requesting
annexation of approximately 1.5 acres that
adjoin the Woodburn city 1imi ts on the East
side of State Highway 99E, North of LAUREL
AVENUE. (See Attachment "At! and HB").
II. REASON FOR REQUEST: If annexation is granted the applicant
would be interested in developing a residential subdivision.
It is the policy of the City to not provide public services,
that is water, sewer and storm drain outside its juris-
diction. Therefore, the applicant must seek annexation to
obtain water services to realize an improvement for a sub-
division.
III. APPLICABLE CRITERIA:
(Ij State Statutes: For the City to initiate such a request
requires that specific State statutes be observed in the
hearings process.
In regards to State IaN and annexations, the "Triple
MAJORITY" rule prevails. That is, a majority of the land
owners own more than half of the assessed value of all
real property. Because there is only one owner and he
is requesting annexation (See Attachment "B"j the
annexation is not required to be subject to a vote of the
registered voters of the Ci ty but is required to be
reviewed and approved through the hearings process by the
City. (ORS 222.170). (See Attachment "eH).
(2) Comnrehensive Plan Policies, Goals, Objectives and
Statements:
(A) Annexation Policies: (Pg. 46, Vol. I, Comprehensive
Plan)
Annexation pO~lcie6 are extremely important for the
City. It is important that enough land is available
for the necessary development anticipated in the
City of Woodburn, it is also essential to prevent
too much land being included in the city limits as
this leads to inefficient, sprawling development.
Because of the need to plan for public improvements.
the City should insure that there is a five year
supply of vacant land wi thin the City. Services
should be provided to that land during that five
year-, period.
PAGE 1 - ANNEXATION CASE #89-01
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Prior to the approval or Site Plan, Subdivision or
Planned U~it Developments for land annexed to the
City west of Interstate 5, adopted by the Council.
Therefore, strict enforcement must be practiced by
the City to insure that the policies of the City are
actually being implemented.
(B) Residential Land Development Policies: (Pg.3, Vol.
r)
PAGE 2 - ANNEXATION
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Residential areas should be designed around a
neighborhood concept. Neighborhoods should be
an identifiable unit bounded by arterials, non-
residential uses, or natural features of the
terrain. The neighborhood should provide a
focus and identify within the community and
should have a community facility, such as a
school, park, or privately owned community
facility to allow interaction within the
neighborhood.
*
Living Environment Developments in
residential areas should be constructed in such
a way that they will not seriously deteriorate
over time. Zoning ordinances should be
strictly enforced to prevent encroachment of
degrading non-residential uses. Construction
standards in the State Building Code shall be
vigorously enforced, and if necessary,
addi tional standards the Ci ty determines should
be imposed to insure non-degrading housing
units, should be encouraged by the City.
:;.;
Development should promote, through the use of
moderate densi ty standards and creative design,
a feel ing of openness and spaciousness wi th
sufficient landscaped area and open space to
create a pleasant living environment.
Streets in residential areas should be used by
residents for access to collectors and
arterials. Residential streets should be
designed to minimize their use for through
traffic, however, whenever possible dead-end
streets and cul-de-sacs should be avoided.
Residential developments should strive for
creative design which will maximize the
inherent values of the land being developed and
encourage slow moving traffic. Each
residential development should provide for
lan,.;"'capir.q al'ld tre.e planting to enhance the
livability and aesthetics of the neighborhood.
CASE #89-01
(C) Housinq Goals and Policies: (Pg. 48, Vol. I)
'-
The housing goal of the
adequate housing for
community is provided.
City is to insure that
all sectors of the
.
The City will insure that sufficient land is
made available to accommodate the growth of the
City. This requires that 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. It is the policy of the City to assist
and encourage property owners, whenever
possible, to rehabilitate and renew the older
housing in the City.
It is the policy of the City to encourage a
variety of housing types to accommodate the
demands of the local housing market.
(D) Public Services: (Pg. 50, Vol. I)
PAGE 3 - ANNEXATION
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The City should minimize the number of high
maintenance and operational cost facilities
such as lift stations whenever possible. To
maximize the utili ty of existing Ci ty services I
and to minimize maintenance costs, existing
lands which are vacant should be developed to
their highest potential, subject to constraints
of the Land Use Plan, and excepting areas set
aside for open space preservation or parks.
'-
Development Zones - The City should encourage
development in areas of existing facilities
first. Secondl y, the Ci ty should encourage
development in areas where extensions of
existing City services can be accommodated.
The City should encourage development or new
areas to ~lhich services can be most cheaply
extended. The City should develop any other
areas only as a last resort. The City will
adhere to the policies in the Storm Water and
Water and Sewer elements of the Comprehensive
Plan.
'-
To insure that the growth does not increase the
cost to the present City residents, the City's
policy should insure that new developments pay
for any additional services they demand. The
City shall institute the necessary taxes and
fees to insure that this is accomplJshed as far
as is practical. .
CASE #89-01
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(E) Growth and Urbanization: (Pg. 55, Vol. I)
City's goal is to grow to a population of
approximately 18,000 by the year 2008. This
growth should be orderly and accompanied by the
necessary public services. The growth should
be balanced in residential, industrial, and
retail sectors of the City. As much as
possible, the growth should not add any
additional burdens on the City's taxpayers.
To insure the growth is orderly and efficient,
the City shall phase the needed public services
in accordance wi th the e:{pected rate of growth.
The extensions of the existing public services
should be in accordance with the master plans
in this Comprehensive Plan.
Conversion of land wi thin the boundary to urban
uses shall be based on a consideration of:
*"
Orderly, economic provision for public
facilities and services:
Availability of sufficient land for the
various uses to insure choices in the
market place;
LCDC Goals;
Encouragement of in-filling development
within developed areas before conversion
of urbanizable areas; and
Applicable provisions of the Marion
County and City Comprehensive Plans.
IV. BASIC FACTS ESTADLISHED BY STAFF:
(1) RESIDENTIAL LAND USE INVENTORY PROJECTIONS AND COMMENTS
Table _ on Page 16 and Table 7 on Page
Comprehensive Plan provides some insight
existing and theoretical needs of the City in
the potential residential development.
16 of the
into the
regards to
PAGE 4 - ANNEXATION CAS.E #89-01
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It can be concluded from the statistics provided ~n Table
2 and Table 7 that the City has sufficient land available
at the present time for the low density residential
development. Therefore. a "need" is not a factor in
determining the debision in this proposa1.
PAGE 5 - ANNEXATION CASE #8~-Ol
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(2) ADDITIONAL STAFF COMMENTS:
(A) The proposed site is contiguous to the existing city
limits and contained within the urban growth
boundary of the City of Woodburn. This inclusion
signifies that the City of Woodburn intends to
incorporate this parcel within the corporate limits
of the City of Woodburn.
(E) The City has the capability to handle the water,
sewer and storm drain demand of the proposed use as
long as specific conditions are met by a potential
developer.
(C) Since the applicant is the sole owner or ~ne
property, the City is not obligated to seek approval
from the registered voters of the City. However,
a public hearing must be held in accordance with
State law.
V. CONCLUSIONS:
(1) The proposed annexation lies wi thin the Urban Growth
Boundary as identified in the City's adopted
Comprehensive Plan Map. Therefore, a request for
annexation is feasible.
(2) The proposed site is contiguous to the existing city
limits of the City of Woodburn and the City has the
capability or handling the water, sewer and storm
drainage of the proposed use to meet the potential
needs of the proposed development.
(3) The inclusion of this land within the city limits
will provide additional land for more diversified
housings needs. (It should be noted that the long
term housing need projections, as outlined in the
Comprehensive Plan, reflect rather a general,
quantative need, but do not provide for specific
qualitive subjective to specific, individual
demands) .
{4j The annexation would reflect a land use designation
identified on the Comprehensive Plan Map.
VI. RECOMMENDATIONS:
Staff recommends that the Planning Commission approve the
requested annexation proposal.
PAGE 6 - ANNEXATION CASE #89-01
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December 28, 1989
CERTIFIED
Dear Sir:
At this time the City of Woodburn is again proceeding with
the process of annexing your property. This action would
resul t in the conversion of your land at some time in the
future from its existing land use designation of EFU
(Exclusive Farm) by Marion County to a City designation of RS
(Single Family Residential). Enclosed is a map that
identifies those properties the Planning Commission will
consider for incorporation into the City.
However, prior to the City carrying out this action your
response as a property owner is required. This will assist
the City in making a determination as to whether or not to
annex your property. Please answer the, (ollowing question,
sign and return. The City would appreciate your response to
this question by January 2, 1990.
Do you wish to be annexed to the City? Yes >( No___
In closing, the
Annexation Proposal
January 11, 1990 in
Planning Commission will review the
and take testimony at their meeting of
the City Council Chambers at 7:00 PM.
,~d4-~JL#<L .
Signature of Pr perty owner/(
(Or) ,
Representative '
~/
County 0/
MARION,
}os.
STATE OF OREGON,
BE IT. REMEMBERED, That on this 2ND.. ..day of. .............JAl>l.... .., 19;).0 ,
before me, the undersi~ned, a Notary Public in and for said County and State, personally appeared the within
named .... .....WILLI.l\M.E...SHILLIG. ......... . ...... ................ ........................ ................ .................... ... ." ..... ...... ...... .... .....
......................................................................................................................,.
I known to me to be the identi",,1 individual... described in and who executed the within in.trument and
acknowled~ed to me that.........Hl.':.. .. ...... ..executed the .ame Ireefy and voluntarily.
IN TESTIMONY WHEREOF, I have hereunto let my hand and af/ixed
my of/icial ~al the day a year la.t a ve written.
...................:........&;;....~.......
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ATTACHMENT C .
. Not . Public lor OrefSn. .
My' Commisoion expire...:..............!.().J?1.9.O'.....:.................
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STAFF REPORT
ZONE CHANGE CASE #89-05
I. INTRODUCTION:
Marion County has designated the applicantk property as
EFU zone. This zone district is in place until such time
as the City wishes to annex this acreage. At the time
of annexation the property must fall into compliance with
the City's land use designation of SINGLE FAMILY
RESIDENTIAL (RS). It is the applicant's desire to secure
that land use designation which would allow him to
develop a residential subdivision.
II. APPLICABLE APPROVAL CRITERIA AS ESTABLISHED BY THE
WOODBURN ZONING ORDINANCE:
"Section 16.080. Burden of Proof. The following specific
questions shall be given consideration in evaluating
requests regarding plan and zoning amendments and are as
follows:
(.. )
(b)
To support a zone
(1) Show there is
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ShOl'l that the
question will
change, the applicant shall:
a need for the use proposed;
particular piece of property
best meet that need.
in
(cl A City Council decision on Zone and Comprehensive
Map amendments are "judicial like", in that a
decision must consider the evidence and weigh that
evidence against what the Comprehensive Plan directs
the Council to do."
III.
BASIC FACTS AND COMMENTS ESTABLISHED BY STAFF:
( 1 )
In its Comprehensive
designates this parcel
P Ian the City of Woodburn
for residential use.
(2) The parcel adjoins the Woodburn city limits on lts
South and North side. Adjoining properties I located
within the city limits, are occupied by residential
dwellings.
(3) The subject property (1.5 acres) is vacant.
(4) The proposed use is to develop a residential
subdivision.
(5)
To expand and improve the site requires
infrastructure services b= orovide1.
CHANGE CASE #89-05
City
PAGE 1 - ZONE
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IV. FINDINGS:
(1) The proposed zone map amendment from County EFU to
City RS reflects the intent of the Woodburn Zoning
Ordinance and Woodburn Comprehensive Plan.
(2) The proposed use of a residential subdivision lS
permitted in a single family residential zone.
V. RECOMMENDATIONS:
Staff recommends that the request for zone change to
SINGLE FAMILY RESIDENTIAL be approved based on
established findings.
VI. CONDITIONS FOR APPROVAL:
(1) A subdivision plan approval is required for any
proposed development.
PAGE 2 - ZONE CHANGE CASE #89-05
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COUNCIL BILL NO. 1215
RESOLUTION NO. 992
A RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH CH2M-HILL
FOR PROFESSIONAL ENGINEERING SERVICES FOR PHASE I OF FACILITIES PLANNING.
WHEREAS, the modified National Pollutant Discharge Elimination
System (NPDES) permit issued by the Department of Environmental Quality
(DEQ) places certain additional limitations on the City's wastewater
discharge to the Pudding River, and
WHEREAS, the schedule requirements of the permit have been
reviewed and approved by the Council on January 22, 1990, and
WHEREAS, it is prudent on the part of the City to immediately
start the planning process for future modification of the wastewater
plant, and
WHEREAS, the City needs to acquire the specialized professional
engineering services for the planning process of the plant modification,
and
WHEREAS, the City Council is familiar with the technical presen-
tations made by CH2M-Hill, a professional engineering consulting company,
and
WHEREAS, CH2M-Hill is offering it's professional engineering
services to perform phase 1 of Woodburn's facilities planning, NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into an agreement
with CH2M-Hill for professional engineering services for phase 1 of Woodburn's
facilities planning.
Page 1 - COUNCIL BILL NO. 1215
RESOLUTION NO. 992
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SeC~10n 2. That the cost of professional engineering services
for phase 1 of facilities planning is estimated to be $17,300 and it
is included in the approved budget.
Section 3. That the City Administrator is hereby authorized
to sign the agreement on behalf of the City.
Approved as to
form:~-~l~ ~
City Attorney
Lf- 1-/_ ~:J
Date
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APPROVED: ;;;~
NANCY
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
April 9, 1990
April 11, 1990
April 11, 1990
April 11, 1990
ATTEST: /71,;_,,<-
Mary Tenrl
Page 2 - COUNCIL BILL NO. 1215
RESOLUTION NO. 992
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