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Ord 2178 - Annex W Boones Fry COUNCIL BILL NO. 1749 ORDINANCE NO. 2178 AN ORDINANCE ANNEXING INTO THE CITY OF WOODBURN .56 ACRES OF PROPERTY LOCATED ADJACENT TO AND WEST OF BOONES FERRY ROAD; AMENDING THE CITY OF WOODBURN ZONING MAP FROM MARION COUNTY "URBAN TRANSITION FARM" (UTF) TO CITY OF WOODBURN "SINGLE FAMILY RESIDENTIAL" (RS) AND DECLARING AN EMERGENCY. WHEREAS, the City Comprehensive Plan and Zoning Map have 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. 96-03 and Zone Map Amendment Case No. 96-03 and considered all public testimony presented; NOW, THEREFORE. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The subject property is owned by Woodburn Art Center and is legally described in Exhibit "A", which is attached hereto and by this reference incorporated herein. Section 2. That based upon the findings and conclusions contained in Exhibit "B", the subject property is hereby annexed to the City of Woodburn. Section 3. That the Woodburn Zoning Map is hereby amended as to the property described in Exhibit "A" of this ordinance from Marion County "Urban Transition Farm" (UTF) to City of Woodburn "Single Family Residential" (RS) based upon findings and conclusions contained in Exhibit "B". Section 4. This ordinance being necessary for the immediate preservation of the public peace, health and safety, and 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~r-rvo-~ City Attorney Q-/'7-1{; Date Page 1 - COUNCIL BILL NO. 1749 ORDINANCE NO. 2178 APPROVED: Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: /1~-Z;::,-9-.-~ Mary ennant, City Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. 1749 ORDINANCE NO. 2178 F1~rOK,q <X~ Nancy A 'irksey, Mayor September 23, 1996 September 24, 1996 September 24, 1996 September 24, 1996 EXHIBIT A PARCEL I Beginning on the Westerly line of Market Road No. 69, at a point which North 160 09' East 159.98 feet and North 730 51' West 30.00 feet from the intersection of said Market Road No. 69 with County Road No. 513, said point of beginning being the Northeast corner of a tract of land conveyed to Thomas Gorman by deed recorded in Volume 498, Page 211, Deed Records for Marion County, Oregon; thence along the arc of a 1939.86 foot radius curve to the right (the chord of which bears North 170 19' 18" East 79.64 feet) a distance of 79.65 feet to the true point of beginning. Thence North 760 58' West 127.71 feet; thence South 130 0' 30" West 97.21 feet to a point on the North line of said Gorman Tract; thence North 850 17' West 68.17 feet to the Northwest corner of said Gorman Tract; thence North 090 42' East 125 feet to a point; thence South 850 17 ' East to a point on the West line of Market Road No. 69; thence Southwesterly along said West line 45 feet, more or less, to the true point of beginning. Parcel II Beginning on the Westerly line of Market Road No. 69, at a point which is North 160 09' East 159.98 feet and North 730 51' West 30.00 feet from the intersection of said Market Road No. 69 with County Road No. 513, said point of beginning being the Northeast corner of a tract of land conveyed to Thomas Gorman by deed recorded in Volume 498, Page 211, Deed Records for Marion County, Oregon; thence along the arc of a 1939.86 foot radius curve to the right (the chord of which bears North 170 19' 18" East 79.64 feet) a distance of 79.65 feet; thence North 760 58' West 127.71 feet; thence South 13001' 30" West 97.21 feet to a point on the North line of said tract of land; thence South 850 17' East 123.04 feet to the place of beginning. .-. --------.--r- EXHIBIT B A. Woodburn Comprehensive Plan Annexation Policies Annexation policies are extremely important for the City. While 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 within the City. Services should be provided to that land during that five year period. STAFF FINDING: The Urban Growth Boundary was adopted in 1980. This boundary designates areas outside Woodburn's City Limits that could be annexed to accommodate growth to the year 2000. While the city does not actively annex property there is a policy of not"leap frogging". The subject property is contiguous to the current city limit line. The annexation request is to receive city services. There is no development proposed with this request. B. Woodburn Zoning Ordinance Chapter 15 Zone Change Procedures STAFF FINDING: The zone change is necessary in order to reclassify the property from the current zoning, which is Marion County Urban Transition Farm (UTF), to a city designation. The applicant is requesting that the property be rezoned to Single Family Residential IRS), which conforms to the Woodburn Comprehensive Plan. Chapter 22 Single Family Residential District Section 22.010. Use. Within the RS Single Family Residential District no building, structure, or premises shall be used, arranged or designed to be used except for the one or more of the following uses: STAFF FINDING: The existing structure is utilized as an art gallery. There are various classes conducted at the gallery along with activities of the art club. The gallery is also used to sell the art work of the club members. Since there is currently retail activity on site the use would be considered as a commercial type use. The use would be considered a pre-existing non-conforming use. This means the use can continue to go on. It is staffs belief the use is very low impact and is compatible with the zone in which it is located. There is no further development proposed at this time. CONCLUSION: The applicant is petitioning the City of Woodburn for annexation of approximately .56 acres of property described in this report. The annexation is being requested in order for the applicant to receive city services. The applicant is requesting a Zone Change from Marion County Urban Transition Farm (UTF) to City Single Family Residential (RS).