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Ord 2165 - Amend Comp Pl Map COUNCIL BILL NO. 1697 ORDINANCE NO. 2165 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN MAP DESIGNATION FOR CERTAIN PROPERTY LOCATED WEST OF HIGHWAY 99E AND SOUTH OF HARDCASTLE AVENUE FROM "RESIDENTIAL GREATER THAN 12 UNITS PER ACRE" TO "COMMERCIAL"; CHANGING THE ZONING DESIGNATION FROM "MULTI-FAMILY RESIDENTIAL (RM) TO "COMMERCIAL GENERAL" (CG); AMENDING THE WOODBURN ZONING MAP; IMPOSING A CONDITION OF APPROVAL; AND DECLARING AN EMERGENCY. WHEREAS. the applicant, Richard and Karen Henkes, submitted application 95- 06 for a Comprehensive Plan Map Amendment from "Residential Greater Than 12 Units Per Acre" to "Commercial," and WHEREAS, application 95-08 was also submitted by the applicants for a zone change from "Residential Multi-Family" (RM) to "Commercial General" (CG), and WHEREAS. the Woodburn Planning Commission conducted a public hearing on January 11, 1996, and recommended approval of the applications, and WHEREAS. the City Council conducted a ~ nmlQ public hearing on March 11, 1996 and heard testimony on said applications, NOW. THEREFORE THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The subject property is owned by Richard and Karen Henkes and is described as follows: Marion County Assessor Map 55, 1W, Sec. 8CD, Tax Lot 8300 Section 2. That based upon the findings and conclusions contained in Exhibit "A" attached hereto, the Comprehensive Plan Map is amended from "Residential Greater Than 12 Units Per Acre" to "Commercial". Section 3. That the zone designation of the subject property is amended from "Multi-Family Residential" (RM) to "Commercial General" (CG) based upon the findings and conclusions contained in Exhibit " A". Section 4. That the Comprehensive Plan Amendment and Zone Change are subject to the condition contained in Exhibit" A" that the Council finds reasonable. Page 1 - COUNCIL BILL NO. 1697 ORDINANCE NO. 2165 Section 5. That the Woodburn Comprehensive Plan Map and Zoning Map shall be corrected to reflect the classifications herein made. Section 6. 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 formfYl('r.(f-/t ~ City Attorney APPROVED: ~ Passed by the Council Submitted to the Mayor March 26, 1996 Approved by the Mayor March 26, 1996 Filed in the Office of the Recorder ATTEST: fY\~--!~ Mary 'tennant, City Recorder City of Woodburn, Oregon March 26, 1996 Page 2 - COUNCIL BILL NO. 1697 ORDINANCE NO. 2165 , -- - .....-~_._,.~...._. . Exhibit "AB Page 1 of 16 CITY OF WOODBURN 270 Montgomery 5treet . Woodburn, Oregon 97071 . (503) 982-5222 TDD (503) 982-7433 . FAX(503)982-5244 STAFF REPORT PLAN AMENDMENT 95-06 ZONE CHANGE # 95-08 APPLICANT: Hal Hewit1 for Richard & Karen Henkes 9999 SW Wilshire Street Portland, Oregon 97225 II NATURE OF THE APPLICATION: The applicant is requesting a plan map amendment and zone change in order to rezone property from residential to commercial and specifically RM Multi-family to Commercial General, III RELEVANT FACTS: The site is located on the east of Hwy 99E and south of Hardcastle Ave, The property can be identified specifically on Marion County Assessor Map 5S,1 W, Section 8CD, Tax Lot 8300. There is an existing electrical contracting business on site. Previous land use actions related to the property include lot line adjustment 95- 09 which was approved by staff November 9, 1995. Staff has calculated that the zone change consists of approximately 9,600 square feet. This area is already planned for commercial use on the Woodburn Comprehensive Plan. The remainder of the applicant's request involves a plan amendment of approximately 10,127 square feet. These areas are currently planned for and zoned for residential multi- family. These areas are being requested for both a plan map amendment and zone change to commercial general. The applicant is requesting a comprehensive plan map amendment and zone change only at this time. At such time development occurs, the applicant will be required to request site plan review approval for any construction. . .,_.. ....-.-' Exhibit "A" Page 2 of 16 IV RELEVANT APPROVAL CRITERIA: A, Woodburn Comprehensive Plan B. Woodburn Zoning Ordinance Chapter 5 Permits and Enforcement Chapter 6 Planning Commission Chapter 7 Public Hearing Chapter 15 Zone Change Procedures Chapter 16 Comprehensive Plan Amendment Procedure Chapter 26 RM-Multiple Family Chapter 30 Commercial General A. Woodburn Comprehensive Plan: STAFF FINDING: The property is located within one of the four identified major commercial areas and is over one acre in size. This is in compliance with the Commercial Land Development Policies. B. Woodburn Zoning Ordinance Chapter 16 Comprehensive Plan Amendment Procedures A Plan Amendment is any change to the Woodburn Comprehensive Plan text or map. Section 16.080 Burden of Proof a) To support an amendment to the Comprehensive Plan, the applicant shall: (1) Prove that the original plan was in error; STAFF FINDING: The City of Woodburn's Comprehensive Plan was adopted in 1980 and, since, with accompanying ordinances has been found to be in compliance with statewide goals at the time of periodic review in 1989. The applicant states that an error was made in that the property was split zoned. The back or western portion is planned for multi-family development and the front or eastern portion for commercial development. Therefore, any development of the back of the property would lead to access and circulation of vehicles through a commercial development in order to get to the residential section. There are a number of properties which a split zoned along Highway 99E. At the time of adoption of the Woodburn Comprehensive Plan a reasonable depth of commercially zoned property along the highway was established. The applicant wishes change this. (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 policy of the city. ~- . Exhibit nAn Page 3 of 16 STAFF FINDING: The applicant chose to address (2). Sited as changes since the original plan are the population growth of 11,000 in 1980 to approximately 15,600 in 1995 which equates to an increase in shopper demand. The applicant has not substantiated this claim. The area in which the applicant is seeking the plan amendment is still one of four of the identified commercial areas in the comprehensive plan. In addition, the applicant also sites new development along Highway 99E and the increase in traffic volumes. The 1994 edition .of Traffic Volume Tables published by The Oregon Department of Transportation indicates that the traffic volumes (ADT) on Hwy 99E between Hardcastle, E. Lincoln and Young Street are at least 20,900. Chapter 15 Zone Change Procedures 1.Show there is a need for the use proposed. STAFF FINDING: The applicant has stated that there are fewer commercial site available within the community to serve demand for small scale retail development. This is do to the substantial change in population growth and traffic volumes along Highway 99E. The land use inventory through 1994 indicates 147.6 acres of commercial land that is undeveloped within the city limits. 2.Show that the particular piece of property in question will best meet that need. STAFF FINDING: A portion of the property that is being requested for the zone change is already planned for commercial use. The applicant is simply bringing it into conformance with the comprehensive plan. The front of the property along Hwy 99E is already being utilized for a commercial business. The remainder of the property that involves both a comprehensive plan map amendment and zone change and is located in the rear (west) of the property, All of these areas are under one ownership and contiguous to Highway 99E. The site is located in one of the four identified commercial areas with the Woodburn Comprehensive Plan. V COMMENTS FROM OTHER DEPARTMENTS: None at this time. Comments will be included when the applicant requests Site Plan Review approval. Exhibit nAn Page 4 of 16 VI CONCLUSION: The applicant is making two requests. A plan map amendment and zone map change from residential multi-family to commercial general. The second request is for a zone change from RM multi-family to commercial general. No site specific development is being proposed at this time. VII DECISION: If the Woodburn Planning Commission recommends approval to the city council, the following conditions of approval are recommended by staff: 1. The applicant shall request Site Plan Review approval for structures built, structurally altered, or enlarge. . ._....._".."......._'~~.... .......,....__....____.... .... _._~.,...~.,__..,_.__._.________M . Exhibit "An Pa~5 of 16 ZONE MAP CHANGE/COMPREllliNSIVE PLAN MAP CHANGE PETITION DIRECT QUESTIONS TO: GRFFNHTI I A~~Or ATTN' HAl HFWTTT (NAME) (ADDRESS) qqqq SW WTISHTRF <I; <_QOI; '< (TELEPHONE) PORT. 97225 (CITY) (STATE) (ZIP CODE) REQUEST: Acreage 1+ Present zone R-M Desired zone C-G OWNERS: . RIchard & Karen Henkes NAME (PLEASE PRINT OR TYPEI 955 Bryan Woodburn 97071 ADDRESS & ZIP CODE Assessor's Map & Tax Lot Number BCD 5 TW. TL .R300 LOCATION AND SIZE OF THE PROPERTY, or if not addressed, then state distance to the nearest intersecting street or known landmark. 1041 Pacific Hwy ************************************************* OFFICE USE ONLY APPLICATION CHECKLIST YES NO 1. Statement of Intent (Exb. AI 2. Plot Plan (Exb. B) 3. Legal Description of the Property 4. List of All Property Owners within 250 Feet of the Property 5. Assessors Map 6. Application: # App rec'd by: Date Receipt: Page 2 . 20NCHGAP.294 . Exhibit "An Page 6 of 16 REQUIRED ATTACHMENTS vY STATEMENT OF INTENT should discuss/explain the reason this request is made. Include brief description of any proposed construction or land use change. show that the request is: 1) in conformance with the Comprehensive Plan; 2) there is a public need for this change; 3) that need is best met by this proposal; 4) there is no other available and appropriately zoned land in the vicinity; 5) petitioners cannot make a reasonable use of the land as it is currently zoned. (See zone change policy considerations). (Mark EXHIBIT "A") LZ. PLOT PLAN: Show all properties within 250' from and parallel to the subject property and the land use of each. Mark EXHIBIT "B", Draw to scale. J' LEGAL DESCRIPTION of the property in metes and bounds (as it appears on the deed); Mark EXHIBIT "C", or if property is within a platted subdivision: * Lot: , Block: , of (Subdivision). *NOTE: If a fraction of the lot, then attach full description as if it were metes and bounds. Ia..'( 17 }~~AMES AND ADDRESSES OF ALL PROPERTY OWNERS (husband and wife) within ..~ 250 feet from and parallel to the subject property. Obtain certified list and map from title company and attach. Mark EXHIBIT "0". If 5. ASSESSOR'S MAP. Attach copy of Marion County Assessor's map showing subject area and outlining 250' notification area. Mark EXHIBIT "F". We, the undersigned, hereby certify that all the statements in the plot plan, attachments, and exhibits transmitted herewith are true and complete, and we are the owners of record or contract Durchasers of oroDertv for which the zone maD change is reauested: N;{ ~ , l. . X .' . !jL-j~4-, a~2 Property over DATE //-~ .<)~- . GREENHILL ASSOC. -lip ,d . .-..+- Applicant // ~ (~ -'7 ..t-- I The applicant bears the burden of proof that the above approval criteria has been met. Page 3 . ZONCHGAP.Z94 . Exhibit RAR Page 7 of 16 SUPPPORTING STATEMENT PLAN AMENDMENT HENKES PROPERTY OCT. 1995 1041 N Pacific Hwy Woodburn, OR Tax Lot 8300 Sec. 8C D, 5 1 W BACKGROUNO: The subject property has been owned for several years by Richard and Karen Henkes. It is used as a business location for the operation of Henkes Electrical Contracting Company. It's size at appx. 44,500 Sq Ft. and configureation are shwon on the attached parcel maps. A recent lot line adjustment has relocated and aligned the northerly property line between the owners and the Chruch of Christ and reduced the original lot depth. Neighboring properties include the Woodburn Inn to the south; The Church of Christ, Foto Magic and Pacific Printers to the north. Mall 99 is located across Pacific Hwy. During adoption of the city's original land use plan, the major portion of this site was designated for General Commercial uses; a small portion of the western side of the property was designated Multi Family Residential. When the zoning map was adopted. The eastern half of the property was zoned C-G; the western half, R-M. The owners would like to redevelop this site for retail commercial sales and service, but feel the process would be too complicated with the present dual zoning. The result maynot be appropriate to the area. This application therefore seeks P1anAmendment and Rezoning for the entire parcel to the General Commercial designation. ~" . enkes Statement, Pg. 2 Exhibit "An Page 8 of 16 LAND USE PLAN REVIEW CRITERIA 1) THE ORIGINAL PLAN WAS IN ERROR. One of the principal rules guiding the application of land use designations is to change designations along rear, or in some cases side property lines. This reduces the frontal, the visual and in many cases the functional relationships between differing land uses and allows for a reasonable transition and improved compatability between them. It also allows. where appropriate, for the placement of berms, barriers and walls to assist in the transition. Exceptions to this rule may occur in large acreage areas or where access limitations warrant a different application. However. neither of these conditions appear in the present case. The difficulty in this case is that any apartment development on the rear of this property would rely upon the retail commercial portion of the site for it's access, thereby making it necessary to mix the residential and commercial traffic and require an "open relationship" between both parts of the property, disallowing the placement of useful buffers. In addition. such a relationship would seriously compromise the residential living environment and undermine the desire for stable land values. The designations placed on this property in 1980, are understandable in terms of the objectives and the time 1 imitations mandated by the state. at that time for adoption of land use plans. During the intervening years. however, many city's and county's have found the need to modify some earlier designations. given the scope of the original effort. This information should demonstrate compliance with this criteria. ,1enkes Statement, Pg. 3 Exhibit nAn Page 9 of 16 2) THE COMMUNITY HAS CHANGED SINCE ADOPTION OF THE ORIGINAL PLAN. Population: Population in the Woodburn Planning area has increased appx, 50% since adoption of the original plan in 1980, from 11,000 to 15,600. This is not only a subtantial increase by itself, but ahead of projections for the conmunity. This increase is also reflected in the shopper demand for retail goods and services throughout the Woodburn market area. including conmercial uses and development along the Pacific Highway. Conmercial Areas: Woodburn appears to contain three different types of commercial development. 1) The transient conmercial uses near 1-5, on Hwy 214; 2) The large scale commercial developments along Hwy 214, west of Pacific Hwy and 3) The small scale developments along the Pacific Highway corridor, historically, the city's primary conmercial area. This area is generally located between the railroad to the south and Hwy 214 to the north. With three notable exceptions, Mall 99; Roth's IGA and a site at Hwy 214. this corridor is comprised of comparitively small sized lots fronting the highway. During the last 10-15 years, considerable development has occured near 1-5. to primarily serve travelers along that traffic corridor. However. during this same period considerable new development and redevelopment have also occured along Pacific Highway. With appx. 33 business sites along the west side of the highway, 11 exhibit new development during this period. The east side contains appx. 30 business sites. of which 10 indicate some type of new development, excluding the Jehovahs Witness Church. Along both sides of Pacific Hwy. commercial improvments have occured on 33% of these properties. . . Exhibit nAn Page 10 of 16 Henkes Statement. Pg. 4 Traffic Volumes: According to the Highway Oepts. Traffic Volume Tables, 1980 ed., when the origna1 plan was adopted. traffic volumes along Pacific Hwy were appx. 10,000 per day. The 1994 ed. indicates traffic counts now average appx. 16,500 per day,n increase of 65% during this period. Coincidentally, these increases virtually parallel the population growth in the community during this same period. Among other changes. this traffic increase has resulted in the widening of a significant northerly portion of Pacific Highway. The Henkes property is included in this improvement area. These changes, taken togeather demonstrate compliance with this criteria. .,..,., .,. ~^.- ._..,"..__._..._.",.._.",-~-..--".- /. " '''110 ;; 'r'..",~ '" ._ " ,'(l\ftr' 'JOO ..~.~,V'~ I ., "1 "If '.Hl(1 ";"'\....(\" , ., --.., '" ,I (""(;,1 V' ~ :, OJ " n "' ,. 9 1-'-. I.L! Lr.J q; 1- (f) I., '0' ~~ ~ 7 Exhibit "A" Page 11 of 1 "" , " /'.. ../ , '/ "" "\-, ~-;\iiii;~t . 2Vftl~1_ "_,/~.., """'M /;. "'._~ 'J ,t Osi'/iJ/ ". ',' t; ./ ., ",ft "':m'''r ~f!l.r 11(1) ,., /,;" :{,?~.,' Idoo".f - ~ .'''~'~ ",YrTIU;,., I.il~^"r-- . ""~.1 ";t~M",,~, -< TIO' ~"~( ~". "'Of' .....1'/" '~I'i' I'; . ., . '" 0 , . ,~\ If '\'" tl1 . "" -. ~,~'" .., " "'-', -"'J ":, ~---- .J., '"(/)I 'rr)~ I ~ 'I" Y II I "','. I '1' O. ' ".' .1M' "'" ,;,.' " '~;." C^., "/(Ii. t-f" ~ ,:r' I ,,'~ ..,;. r:-'.Jf '-'J ,- " , "" ~ .J I"n " _'. I '. ,'dlO " 'n"".. ':~'"""I"Ll'!'''),YJ,'.~::.". >"i,.\ r~.':l 'c......,,,., .,.IOn, .'i-fon , 1.'(1) 1>, "I;H'.'!'",,,,.; I ; ,Ii ~.!". 1\1 ) r:.,;,..." r:..,','''', .!' "''''''M I. 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(1 .~/ .. ~ ../!:;/ .7 ",r,o() '~.1(1ffV" lIS... 7 ,. , / "tl8 2:'lW '('10 ..." 1 ";'/---00.-_ 11( O() ." 11100 ',t- o f;."';l'(\(I _ .- P U.'''A"", r " -- ,,'"" "f' ,." ....,".n. "-j 5~.n ~n ~"' ,'0 'ft , ~o flOOO /1900 111300 117()O rr;>.,(\(Vc r..:-,...._'..... "....-,....... /", IC"J':-".f'rt .'~ '1 ...,....',....., '.. I l I ~ ~i /'" '" ..,. ..., -' Ii / 1". !l "I ../1 "'" . ~ 4 MOTEL ~ '. (z I~ 'f: f',/ Q.. "{':-' CDr-1MERCI^L DESIGNATION MULTI-FAr~ I DES I G J 'n " " A "..., '~It_,,, / Po g~ :g~ / 1.----- 100.___../.-" J- IIENKES PROPERTY <> ",--- North .- -- ~--~._- ~' PLAN Af4ENDMENl 1041 N Paci fi c IIwy Woodbu rn. Ore. ~, ..,.;---. . Exhibit -A- Page 12 of 16 SUPPORTING STATEMENT REZONING HENKES PROPERTY OCT. 1995 1041 N Pacific Hwy. Woodburn, OR Tax Lot 8300 Sec. BCD 5 lW BACKGROUND: Please see attached supporting statement for Plan Amendment. REVIEW CRITERIA: 1) THERE IS A NEED FOR THE PROPOSED USE. Community changes documented in the related supporting statement indicate substantial change in population growth in the planning area and increased traffic volumes along Pacific Highway. This change, has in turn provided the demand and incentive for a significant number of new commercial developments along this corri dor in recent years. Such development has occured on appx. 33% of the related sites. This trend, along with the consumption of designated commercial land for development on Hwy 214 between Pacific Hwy and 1-5, has resulted in fewer commercial sites being available within the community to serve demand for small scale retail development. The few which are available are principally located along Pacific Highway. - > ,.._.~ ..,...- Exhibit RAR Page 13 of 16 nenkes Statement, Pg. 6 2) THIS PROPERTY WILL BEST MEET THE THIS NEED. Inasmuch as this parcel is located on Pacific highway with its frontage designated for commercial use and it's rear portion accessable only from the highway, through the commercialy designated portion of the site, it appears to be a reasonable candidate for the requested change. The immediate relationships between the subject property and the adjacent commercial properties. including the motel to the south would support the compatablitity for the change. as well. ... -'"""~'-"~'-'-"""._"""."->"-'~'~"r-'-"'" . - r! " ('("~" ~ .. r111(1 ,. '''""V' '. " , ~ .~"w (1(1 '''''Y'~ ..' ;/ '0 "0 ., ,. 111"1. ~!; Jtl(l ;-0;...."'" 'i " .. " '" f' IJI '., 'O"!i ... !l . U ,9 'I :l '- "~ vVUI<, .:, 1 I.. ''1 '''''''''''' .-;: . ,- -- 'J. :~ O$j I A ) . I'. . I' ' --"';ib,;....." 'NIB 7" "!it: . H "". . ,,_ ..... -/'"" """"",} 1Joo .~. '"':;:- ::J ."."".~ KfY'r'lHr: n I,H'Aj,f'{ .. ", fff'lS.1 i'1Um..,,,'..:, ~"" ,,!, ro,,;\:\( ". Af",' '"":..,'" 'n'" '" ',. " '" .. - L, 70 ~ J fl. "il Ill: '.' 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"---." ,..~." .......". t' 01 a~.~ .!O IctO a ~I n (.1 So 7900 :.':1.. #r~"t'i" ... UII' 200 -, -:-- '-Jiij- tilt Comra ~~ ~;,. 81001(... 1 r_ ~ ~ #S'.!I#~. r. l4rie'a...o.j , 110 . I'lMtIlt~:_ .' l~ f ' .~ , . ~ "10 .tlO ' 8800 ' . . 6700 ~ '"~/it .",r~ '.' " f n' ".,'" ':r .":c.-., ~-:-" " ,/. 9 ,'.~..It :'1l '::,.. , . . . "-'-. .1....... .. -'" I I R (;t'r'1 6GUO I . " #I$(N)(l( 80 HI 213." 01 ami a .. C.() Ill! 80 ; OIURCII r. eon.. .... - .... tilt Comrn ZAIne ...... -1'lM tilt CG " ~ ..y...., ..'4 '......, <<:I '=' ..,. .,. Ct, " .. - - - - ,..--------, tel 1IlI..., "4__ / / PACI Fl C PRINTER ".. ....... "../. . . / COMHERCI"'- ~e&..... '/# DESIGNATIO'!, iN tilt CQ.. # . 4'/ # So 'f: '01 o . '(0 Cr:1 , , , '. "~HKES' PR~PERTY' 1041'" Patine Hwy . . . 1\.. ( " . , "(,,\ Woodburn. Ore. STAFF EXHIBIT 1 : :.a '" nft tllUlI HOTEL . . ....... _-e.J . 1OO~-, . o . "1__. .,.. - ..- North ~~...~.:1~\~,~(~~.~'t05?'~~~~~.'iiii~.r.1E~~ '.,. .;:':,:; '.. 'lbisfclt1li 'bodlC4biDLCI>.r~.c~~~~fimo~l'lng .~. , 't.' . . ..'.. . .. ORS 197j;10aDdOAR~66O,DiviSiClGU.;>' ">iilIf . .'.... .' .... ." :. ..' ". ,'.' ..' . <.::.',:'. <::/.;,:.<~.,~.;.:~,t~,; f~';:<t"'.,':"':~i~~: ,:"/IJ4&ii.'::, .,:' ,J:""'"... . EX:hibit "1\" SceieYcrsesidcfcx'sub<nlinl~ Page 16 09 1p Jurisdiction .~;-t--.I (:) ~ WrYrlbu V'Y'\ Date of.Flnal Hearing tI\(] v ch 0 S. ,Ci "11" -Has this proposal been previouSly submitted to OLCD? L..ocaI Ale # :P A %-010. 1C _ q 5 -a3 Yes L No Date Comprehensive Plan Text Amendment .~, .I..an(lUseRegutati<lO An1endnJent..~. , '" ..-' .,' _.~~-. .' ..... ~: ". . . <. -. " .;.: ~ ...:.,,-,.' _ New Larid Use Regulation'. " '.Jl ..i , . Comprehensive Plan Map Amendment Zoning MapNnendm~nt,. .' '.; '.j-' ... , ~.i" . . ". ~.' .- . . . - . - /' . -.. - : . ".' ", ''':' ... .' ',c..-:'.::iBr1efly.summarize the ProPOsaJ.'Oo .oot~tectm1calterms.'.{)o not write'''See Attached.. 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