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Ord 2161 - Annex 1.8 Ac Brown/Wa COUNCIL BILL NO. 1678 ORDINANCE NO. 2161 AN ORDINANCE ANNEXING INTO THE CITY OF WOODBURN 1.8 ACRES OF PROPERTY LOCATED WEST OF BROWN STREET AND SOUTH OF WARREN WAY; AMENDING THE CITY OF WOODBURN ZONING MAP FROM MARION COUNTY "URBAN TRANSITION FARM" (UTFI TO CITY OF WOODBURN "SINGLE FAMILY RESIDENTIAL" (RS); AND DECLARING AN EMERGENCY. WHEREAS. the Woodburn 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. 95-04 and Zone Map Amendment Case No. 95-06 and considered all public testimony presented; NOW, THEREFORE. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The subject property is owned by Nancy Bocchi and Faye Zimmer 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 described 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 Section 1 of this ordinance, from Marion County "Urban Transition Farm (UTF) to City of Woodburn "Single Family Residential" (RS) based upon the 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 formc;vJ.'rtt- t;lh~ 11-1~ '7 s- City Attorney Date Page 1 - COUNCIL BILL NO. 1678 ORDINANCE NO 2161 ...<- ."".-~,_..~_.__._-_._- APPROVED: Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: ';':ki-1 f!!. .~ Mary Ten~ City Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. 1678 ORDINANCE NO 2161 t ) j'-'1/F1:'~,1 Nahcy A. . rksey, Mayor November 13, 1995 i i , ! November 14, 1995 November 14, 1995 November 14. 1995 Counci 1 Bi 11 No. h Exhibit "A" Page 1 of 2 Legal Description for Nancy Bocchi A part of the most Northerly portion of the property described in Volume 1229, page 681, as recorded in the Deed Records for Marion County, Oregon, being more particularly described as follows: Beginning at a point marking the intersection of the Northwesterly right-of-way line of Brown Street with the North line of the Peter Raymond Donation Land Claim No. 58, in Section 18, Township 5 South, Range 1 West, of the WilIamette Meridian, in Marion County, Oregon, which point bears North 89035'00" West 949.61 feet (North 89035'00" West 949.61 feet per Reel 224 Page 88) (953.00 feet per Volume 1229, Page 681), from the Northeast comer of said Raymond Claim; Thence South 40054'50" West along the Southwesterly extension of the said Northwesterly line of Brown Street, also being the Easterly line of a tract of land described in Volume 295, Page 63 & Reel 224, Page 88, a distance of 88.04 feet, more or less, (South 40054'50" West, 88.04 feet per Reel 224 Page 88) (South 39050"00" West per Volume 1229, Page 681), to an angle point in the Easterly line of said Reel 224, Page 88, also being the True Point of Beginning; thence continuing along said Easterly line of said Reel 224, Page 88, North 61046'06" West, 102.57, more or less, to an angle point in said Easterly line; thence continuing along said Easterly line, South 41017'57" West 509 feet, more or less, to the Southeast corner of said Reel 224, Page 88, also being an angle point in the Northerly line of Volume 1229, Page 681; thence along the Southeasterly extension of said Northerly line, South 60043'28" East, 163 feet, more or less, to a point on the Easterly line of said Volume 1229, Page 681, also being the Northwest comer of Reel 1229, Page 683; thence along said Easterly line, North 40001'44" East, 500' MIL to a point South 61046'06" East from the True Point of Beginning (said point also being the easterly southeast comer of land annexed to the City of Woodburn as approved by DOR 24-197- 80); thence North 61046'06" West to the True Point of Beginning. PECCIVEO NO\! - 2 1995 666DESC.920 ( " ..___.. ..~.__. ......'" .._._..,.,......~_..._._. . _.._..'_.. _.._.._".._..~______..__~_""~_m..__ "., "~'. "'~"""~"'f . ,,~.. '......." ,.I...Ll-~" .:lI~r.a., .l~.. .' ..~.lHr.....,.,..,.,_..,)T :~);J,":!.,~ .~~,r!lt~~~l'l'~o(" .. :"'''"~~'li",,~.'''''''I.~4"'-~h'.'''1/;;'''':~'':'-'''''':-'''!.--''''' BOCCHIANNEXATION . Located in Section 18, Township 5 South, Range 1 West, of the Willamette Meridian, Marion County, Oregon. C / T Y WOODBURN TL 1300 Ex ires 12 :31 95 REGISTERED PROFESSIONAL LAND SURVEYOR ~H.6Uc OREGON JULY 1:2:, 1963 MALCOLM N. CLARK 601 TL 1400 Council Bill No. 1678 Exhibit "A" Page 2 of 2 o F L / M / TL 7900 TS S 40'54'50" W 88.04' N 6 r46'0() W 102.57' N 89'35'00" W 949.61' Point of - O~ Beginning of .-:- ~ 24-197-80 Also --~ -~J ANNEXA TlON _~\1 PROPERTY -~ --0 N.E. Cor. Peter Raymond D.L.C. TL 200 1.8:1: Ac. ~ ~ ~ ~ ~ TL 1200 OUTS/DE C I T Y Scale: 1"= 100' DE HAAS & . SSOclates, Suite 300 - NJC Center 94-50 S. W. Commerce Circle Wilsonville. Oregon 97070 Inc. 1995 November " 1995 Consulting Engineers & Surveyors PHONE: (503) 682-2450 FAX: 682-4018 95_666.812 Council Bi 11 No. 1G-=- Exhi bit "B" Page 1 of 7 CITY OF WOODBURN 270 Montgomery Street . Woodburn, Oregon 97071 · 982-5222 STAFF REPORT ANNEXATION 95-04 ZONE MAP AMENDMENT 95-06 LOT LINE ADJUSTMENT 95-03 APPLICANT: Nancy Bacchi 191 64 SW Chesapeake Drive Tualatin, OR 97062 II OWNER: Nancy Bocchi and Faye Zimmer III NATURE OF THE APPLICATION: The applicant has submitted a petition requesting to annex approximately 1.8 acres to the City of Woodburn. The owners of the subject property have filed the necessary petition and do consent to the proposed annexation. The applicant is requesting a zone change from Marion County Urban Transition Farm (UTF) to City Single-Family (RS). The annexation will include a portion (1.81 ACI of one parcel of property (56.92 ACI. The subject property is located west of Brown Street and south of Warren Way. The property owner wishes a property line adjustment between two parcels, tax lot number 1300 owned by Pete Cam and the subject property tax lot 1400. S"-\:.. M!\-? 1. IV RELEVANT FACTS: Land area: Approximately 1.8 AC after property line adjustment The property can be identified specifically as a portion of Tax Lot 1400 5S, 1 W, Section 18C General description of the area: a. slopes - flat and level b. vegetation - pasture grass c. drainage - natural drainage exists. Applicant subject to Public Works comments d. flood area - none e. sewage disposal - available. Applicant subject to Public Works comments f. utilities (gas,electric,tell - available . ,.... ___.~'.._..'"~. ._~_, ......~____~_"._,...".,....._.._ _.._.,__."_n._.'__'_ Existing Land U~e a. No. single family units Q b. No. multiple family units Q c. Commercial 0 Industrial 0 Public Uses 0 d. Open space 0 AC Council Bi 11 No. F Exhibit "B" Page 2 of 7 School Impact: The school district has consistently estimated .5 students per household. The total number of students can be determined once a site specific revised subdivision application is submitted. A notice of the proposed action was sent to Department of Land Conservation and Development on July 21 15, 1995 per Oregon Administrative Rule 660-18-020. Marion County was also notified of the proposed action. The proposal will be in compliance with the Counties Comprehensive Plan to concentrate growth within the City's Urban Growth Boundary . The request is being made by the applicant because of a previous land use action on property that is contiguous to the applicants property. The planning commission gave preliminary approval of a 70 lot subdivision known as Steklov Subdivision in August 1994. After final engineering and surveying had begun, the developer became of aware of the fact that the proposed subdivision did not abut Brown Street. The applicant's property was actually between the proposed subdivision and Brown Street. One the conditions of approval for Steklov Subdivision was to obtain access to Brown Street. Through private negotiations between the two parties, the strip of land adjacent to Brown Street was dedicated as public right-of-way and the remaining 1.81 AC will allow the applicant to square off this long narrow portion of tax lot 1400. As stated by the applicant, the 1.81 acres could be used by the developer of Steklov Subdivision for storm water detention. It is important to note that this application is for the annexation, zone change and lot line adjustment only. This additional acreage and its exact configuration and functioning with Steklov Subdivision will be subject to another review. V RELEVANT APPROVAL CRITERIA: A. Woodburn Comprehensive Plan D. Annexation Policies G. Housing Goals and Policies H. Public Services Goals and Policies I. Transportation Goals and Policies K. Growth and Urbanization Policies B. Woodburn Zoning Ordinance Chapter 5 Permits and Enforcement Chapter 6 Planning Commission Chapter 7 Public Hearing Chapter 15 Zone Change Chapter 22 RS Single Family C. Woodburn Subdivision Ordinance Chapter III section 9. Procedures for Property Line Adjustments 2 Council Bi 11 Exhibit "B" Page 3 of 7 No. 1( Goals and Policies for the Land Use Plan 10A 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: 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. The annexation of this land is to accommodate the growth demands of the City in a timely manner. City service can be provided through a logical extension down Brown Street. Housing Goals and Policies G-1-1 The City will insure that sufficient land is made available to accommodate growth the City. This requires that sufficient land for both high density and low density residential developments is provided within the confines ofthe growth and development goals ofthe City... Staff: The applicant is requesting to make available 1.81 acres of a larger parcel of land for development. This policy has been satisfied in that this property will be incorporated into a previously approved subdivision. Approximately 18% (757.8 ACI of the total 4,089.9 acres in the city's planning area (to the year 2000) is planned for single family development. Six (6%) percent (238.1 AC) is planned for RM multi-family. G-1-2 It is the policy of the City to encourage a variety of housing types to accommodate the demands of the local housing market. Staff: Pending approval of a revised subdivision application, the subject property can realize development as stick built homes or as manufactured homes. The current zoning ordinance makes allowance for either. 3 Council Bi 11 No. 1( Exhibit "B" Page 4 of 7 10A Public Services Goals and Policies It is the goal of the City to provide adequate public services to all areas of the City to include: sewer lines of adequate capacity; water lines of adequate capacity for both domestic supply and fire fighting capabilities; and storm drainage to prevent flooding of valuable property where feasible. Staff: Sewer, water and storm drain lines are available. It will be the responsibility of the developer to construct the infrastructure that is needed for development to occur. Transportation Goals and Policies Staff: The Transportation Task Force has identified Brown Street as a access street. It will connect to Cleveland which is a service collector. and the proposed south by-pass. Specific trip generation based on the reconfiguration of the subdivision and number of lots will be addressed at the time a new application is made. Growth and Urbanization Policies Policies K-1 through k-11 are applicable to the petitioners request. Public services are available to the site, the developer will be required to pay systems development charges for their impact on the infrastructure. The City of Woodburn and Marion County have maintained a process for providing an exchange of information relative to any proposed annexation. Woodburn Zoning Ordinance Chapter 15 Zone Change Procedures 1. There is a need for the use proposed. Staff: The need for the zone change is based on the fact that if a property is annexed, the subject property needs to be reclassified from a county designation to a city zone. The need would also be indicated by current market conditions as well as the City's current inventory of land. 4 Council Bill No. F Exhibit "B" _ Page 5 of 7 1 OA 2. Show that the particular piece of property in question will best meet that need. Staff: The subject 1.81 AC is an odd shaped piece of property. It is next to a previously approved subdivision. One condition of approval for that subdivision (Steklov Subdivision) was for there to be access to Brown Street. This request and the cooperation of the two property owners will allow the other subdivision to function better and to be developed. By allowing the property line adjustment and the annexation of this, the remaining 55.11 acres would be available for development without the long narrow part of the property that is now being reviewed. Woodburn Subdivision Standards Chapter III Section 9 Staff: The applicant has submitted the information as required per section 9. VI COMMENTS FROM OTHER DEPARTMENTS: No comments are attached for the request . VII CONCLUSION: The applicant is petitioning the City of Woodburn for annexation of approximately 1.8 acres of property described in this report. The annexation is necessary for the development of a previously approved subdivision which is contiguous to the subject property. In addition, the annexation and property line adjustment will help in squaring up the remaining parent parcel. The zone change is needed to redesignate the property from a county zone to a city zone. Services are available. VIII ADDITIONAL STAFF COMMENTS: A. The city of Woodburn's Comprehensive Plan Map identifies the land to be incorporated into the city limits as low density residential. B. The property is presently zoned as Marion County Urban Transition Farm (UTF). C. At the time of annexation, the property would be changed from UTF to single-family residential (RS), subject to Planning Commission and City Council approval. D. The Annexation would include a portion (1.81 AC) of tax lot 1400 (56.92 AC) E. The applicant has addressed the relevant approval criteria as identified in the staff report. 5 --..-..__...__...,-_..-._~_.._._._-_.._---".., .__._.._.."-_.._--~-,_..,.,,,---~_. Council Bill No. F Exhibit "B" Page 6 of 7 IX RECOMMENDATION: Approve Application with the following conditions A. Annexation Zone Change 1. Provide Planning Staff a copy of survey describing area to be annexed and partitioned. B. Lot Line Adjustment 1. Approval of LLA is subject to City Council approval of annexation. 2. The recorded Lot Line Adjustment must be in substantial conformity with the tentative plan for the proposed partition and shall be platted according to standard surveying practices. 3. Prior to recordation with Marion County: The applicant shall submit a copy of the survey and plat indicating public and private utilities, easements, and adjusted property line to the Engineering Department. 4. Following recordation with Marion County, provide three copies of final plat to Planning Department. 6 ."-...~--,.,,......, ---,_.....~_.__.,-_._-".._-_...~--_..._-_.~ -k- Council Bi 11 No. 1678 Exhibit "B" Page 7 Of 7 II , Mf\? 1.