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Ord 2150 - Amend Comp Pl Map COUNCIL BILL NO. 1646 ORDINANCE NO. 2150, AN ORDINANCE AMENDING THE WOODBURN COMPREHENSIVE PLAN MAP AND CHANGING THE ZONING DESIGNATION ON FOUR PARCELS OF PROPERTY LOCATED BETWEEN HARDCASTLE AVENUE AND MILL STREET BETWEEN CORBY STREET AND FRONT STREET 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 Planning Commission has previously considered various land use decisions involving the parcels described herein; and WHEREAS. the land use decisions involving a Site Plan Review and two variance requests were not appealed to the City Council under Section 11.0501bl and 13,120(a), respectively, of the Woodburn Zoning Ordinance; and WHEREAS. The City Council did not "call up" the Site Plan Review or Variance requests pursuant to Sections 11,050 and 13.070. respectively. of the Woodburn Zoning Ordinance; and WHEREAS. The City Council, after a public hearing, must now take action on the application regarding the recommendation of the Planning Commission on the land use decisions involving a Woodburn Comprehensive Plan Map Amendment and a change in the zoning designation; NOW, THEREFORE. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Parcel 1 of the subject property is described as follows: Tax Lot 2300, Map 5-1 W07DD Section 2. As to Parcel 1, the Woodburn Comprehensive Plan Map is hereby amended from Residential Less Than 12 Units Per Acre to Industrial. Section 3. As to Parcel 1. the Woodburn Zoning Map is hereby amended from Residential Single Family IRS) to Light Industrial (lL). Page 1 - COUNCIL BILL NO. 1646 ORDINANCE NO. 2150 , Section 4. Parcel 2 of the subject property is described as follows: Tax Lot 2200, Map 5-1 W07DD Section 5. As to Parcel 2, the Woodburn Comprehensive Plan Map is hereby amended from Residential Less Than 12 Units Per Acre to Industrial. Section 6. As to Parcel 2, the Woodburn Zoning Map is hereby amended from Residential Single Family IRSI to Light Industrial (ILl. Section 7. Parcel 3 of the subject property is described as follows: Tax Lot 10300, Map 5-1 W07DD Section 8. As to Parcel 3, the Woodburn Comprehensive Plan Map is hereby amended from Residential Greater Than 12 Units Per Acre to Industrial. Section 9. As to Parcel 3, the Woodburn Zoning Map is hereby amended from Residential Single Family (RSI to Light Industrial (ILl. Section 10. Parcel 4 of the subject property is described as follows: Tax Lot 10700, Map 5-1 W07DC Section 11. As to Parcel 4, the Woodburn Comprehensive Plan Map is hereby amended from Residential Greater Than 12 Units Per Acre to Industrial. Section 12. As to Parcel 4, the Woodburn Zoning Map is hereby amended from Residential Single Family (RSI to Light Industrial (ILl. Section 13. That the amendments to the Woodburn Comprehensive Plan Map and Woodburn Zoning Map on Parcels 1, 2, 3, and 4, as described above, are based upon the Findings attached hereto as Exhibit" A" and incorporated herein. Section 14. That approval of the application on the subject property is conditioned upon the applicant meeting all conditions on the Site Plan Review and Variance applications previously approved by the Planning Commission, Section 15. This ordinance being necessary for the immediate preservation of the public peace, health and safety, and emergency is declared to exist and this Page 2 - COUNCIL BILL NO. 1646 ORDINANCE NO, 2150 ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. ~, Passed by the Council July 24, 1995 Submitted to the Mayor July 25, 1995 Approved by the Mayor July 25, 1995 Filed in the Office of the Recorder ATTEST: ~~al~i~order City of Woodburn, Oregon July 25, 1995 Page 3 - COUNCIL BILL NO. 1646 ORDINANCE NO. 2150 ---r- Council Bill No,) 046 Exhibit n A", Page 1 of 11 FINDINGS A, Comoliance with Goals. Policies and Elements of the Comorehensive Plan: Sections 1 and 2 of Chapter XIII of the Woodburn Comprehensive Plan require that any change comply with goals, policies and various elements of the comprehensive plan that are applicable to the quasi-judicial application. This criteria encompasses Sections 1 and 2 of Article Xiii and because of the similarities in issues, will be dealt with under one heading. 1. Industrial Land Use Policies - Comprehensive Plan Article IX, Section C relates to industrial land use policies in the City, Several of these policies are directly applicable to this application. Policy C-1 provides that the City will maintain a sufficiently large enough industrial land base to provide for industrial growth in the City to accommodate the residential growth expected, Policy C-2 provides that industrial land should be located near areas where there is easy access to major transportation routes, Policy C-3 recognizes that industrial land needs good flat areas that are free from flooding dangers, As indicated in the inventory of available industrial land, the City is essentially out of vacant available industrial lands, While there are a few small sized isolated tracts scattered throughout the City, there is only a single large tract remaining for which an industry the size of Woodburn Fertilizer could consider. That parcel (Davidson Farms) is committed historically to a campus type industrial park. The addition of this industrial land is adjacent to existing industrial lands, and (for the most part) is owned by Woodburn Fertilizer. While this application does not involve a large land area (the total land mass of the 4 parcels which is being changed by this application is approximately 1 acre) it does allow Woodburn Fertilizer to grow and expand. See Attachment I. The growth can take place at their current location without the huge expense of relocation, and without disturbing the composition and mix of the area. The applicant's have existed in this area for generations without significant impact on the area, and this application will allow that situation to continue, Woodburn Fertilizer is located adjacent to the railroad tracks, and at the corner of Front and Hardcastle which provides transportation access. Such access is important for an industry that supplies and services local 1 _..._._---'-_.,.~--,.-- Council Bill No, 'j 646 Exhibit "A", Page 2 of 11 well as easy access to the seed cleaner and warehouse are important to this business and the customers it serves. Few if any other locations in the city combine the rail and truck traffic accessibility that the current sit provides. A large section of Parcel No. 2 is steep leading down to the swale located to the north of the parcel. This area can not be used for industrial purposes because of the terrain and the flooding that occurs in the swale. Therefore, even the industrial based land currently designated for Woodburn Fertilizer is not all useable. By allowing this application, expansion can take place on contiguous lands to replace the industrial land that is lost to natural features. 1-A Conclusion: The applicant's request complies with the Industrial Land Goal and Policies relating to industrial lands, 2) Housina Goals and Policies - This section of the plan describes the need for the City of Woodburn to provide enough inventory of land to meet current and projected housing needs through the year 2008, Fortunately, the comprehensive plan had the foresight to include an abundance of residential lands in the plan inventory to accommodate such minor and technical changes as are involved here, At page 32 of the WCP, it is noted that there exist 837 acres of SURPLUS residential lands in this community. Such a surplus indicates that there is enough land to meet all of the housing needs of the community and still to have lands left over to convert to other uses that have demonstrated need for that land, While the amount of land is small, about 1 acre total, it is important land because of its unique location adjacent to existing industry, 2-A Conclusion: The Housing Policies would not be detrimentally affected because the city has surplus residential lands. 3) Public Service Goals and Policies - This section of the comprehensive plan generally sets forth the goal of the City of Woodburn to provide adequate public services to develop lands in the City. Public services include sewer, water and storm drainage. See specifically goals H-1 and Policies H-1, H-5 and H-6, These pOlicies also provide that where possible, development should carry the brunt of the cost of extension of these services. These policies are carried out by this application, The only improvement that will be generated by this application is one three-sided storage 2 Council Bill No, 1646 Exhibit "A", Page 3 of 11 building. With this low impact change, there will be no impact whatsoever on the sewer system, water system or storm drainage system in the area. With this application. the city can enhance one of its strongest industries with no impact on public services, 3-A Conclusion: Public services are available at the site. 4) TransDortation Goals and Policies - This section of the comprehensive plan deals with the transportation needs and desires of the City of Woodburn. Since this application does not involve any new activity or business, there will be no impact on the transportation system of the community. No new traffic will be generated as a result of this approval. The mix of traffic will also remain the same, Hardcastle is an arterial connecting the downtown area with both the east and west portions of the city, In addition, Front Street provides north to south access for this area. Finally, the railroad parallels Front Street providing additional transportation facilities for industrial users. There is a good transportation system in place serving the area. This application will not increase traffic, therefore approval will not adversely impact transportation, 4-A Conclusion: There will be no additional impact on the transportation system, The expanded land area will be used for parking, 5. Zonina Ordinance A. In this determination,the community as a whole must be looked at to see if there is a "public need". Within the UGB, two questions must be answered. The first is "What is the current inventory of industrial lands in the City?" A parcel by parcel analysis must be done to determine how much vacant industrial land is available in the City; what sizes the parcels are; and where they are located, This data must then be compared against current market trends which establish demand for existing industrial land. and the need for more industrial land into the future through the planning period, The industrial lands inventory for the City of Woodburn shows very few acres of available industrial land remain. With approximately 6 years leh for growth within the planning period, 3 .,-_.-'---"--'_._._-_.._._~~---,~._. Council Bill No, __+6 Exhibit "An, Page 4 of 11 approximately 6 years left for growth within the planning period, the current industrial land base is clearly not sufficient to meet demand. Industrial land has been consumed in this City much faster than what was originally anticipated. Just in the past few years, well over 100 acres of industrial land has been purchased and developed or committed to development through the site planning process, The applicant has done a detailed study of all lands inside the Woodburn UGB to determine the extent of lands currently available to meet the high demand for industrial lands, This study shows that there are only 22 parcels remaining inside the entire UGB, that carry the industrial land classification, The characteristics of these 22 parcels are described in the Industrial Lands Inventory data sheet of the staff report" This study included all lands designated as "industrial" in the Woodburn Comprehensive Plan. Many of the parcels are not available to meet the current or future needs of the city for one reason or another. However, all WCP industrially designated parcels were included to show the best picture possible of available lands in the city. Of the 22 parcels at least one is known to be undevelopable because of terrain and flooding. This is Inventory Parcell, which is the swale owned by this applicant. Two other parcels have severe developmental limitations, and may either by undevelopable or too costly to develop, These are Inventory Parcels 6 (water problems) and 14 (access problems). These three total 17.25 acres and thereby reduce the 203,48 remaining inventory of industrial land to 186,23 acres. From this total must be subtracted inventoried lands that are already committed to industrial growth by way of expansion of existing operations onto adjacent lands owned by that same business. Three of the parcels fit this category. Inventory Parcels 7, 8 and 10 are committed to expansion, and comprise a total of 12.92 acres. This further reduces the available inventory of industrial lands to 173,31, Seven of the inventory parcels are presently not properly zoned to 1. The detailed study is incorporated in the staff report and consists of 21 pages of narrative and 34 pages of maps, pictures and charts. 4 .,_..,--,.__._._.,"_._-,..~~_., Council Bill No. 1646 Exhibit "A", Page 5 of 11 ever be available to meet the industrial demand, Parcel 19 is zoned for Interchange District (ID) use. This parcel, because of its location in the southwest quadrant of the freeway interchange, is best suited to a commercial use associated with the freeway, and probably should not have been designated industrial. the other four and portion of another are zoned for Urban Transition Farm (UTF) and are located outside the city limits, These parcels may at some 1ime become available, but several things must happen first. The UTF parcels will require a zone change, site plan approval and annexation. These mayor may not be approved depending upon the proposal and its impacts, It is sufficient to identify that none of these parcels are currently available to meet the existing demand and need for industrial land of this city. The three parcels that are generally accepted to not be industrial lands (Inventory Parcels 3, 4a and 19) comprise 14,66 total acres, Taking this total from the remaining acreage leaves only 158,65 acres of industrial land in the city. IF we then take away the total UTF acreage of 33,24 that is not currently available that leaves only 125.41 acres of industrial land, To get even a better picture of the true nature of industrial land availability in the city, one must factor in Inventory Parcel 20 (Davidson Farms) which is 68.38 acres. However, this parcel is to be sold in large tracks. If the entire acreage of Inventory Parcel 20 is removed, there remains only 57,03 acres left, If only the area that will be occupied by the transportation facility is removed, the remaining inventory of industrial land is still only 113.41 acres of land, The 113,41 acres of industrial land left, from an initial inventory of 556.71, leaves only 20%, Industrial land has exceeded its need projections to the extent that 80% of the projected lands were used in only 35% of the allotted time, 5-A Conclusion: The city's land use inventory for Industrial lands is in deficit. B. This Land Best Suites the Public Need: Land proposed to be added to the inventory must be 5 _.._--~.~ -'---r--~--~-'---"--~ Council Bill No. 1646 Exhibit "A", Page 6 of 11 considered the land best suited to meet the public need found in the above-referenced criteria. This is probably the easiest of all the criteria in this application to meet, Since the purpose of this application is to provide expansion area for existing business only those properties that are adjacent to the existing industry are even possible to use or consider, In the case of Parcel 2, it will be used for equipment storage in association with an existing load out facility on the industrially zoned portion of the parcel. On Parcels 3 and 4 the use is for parking, storage and access roadway, These uses are by necessity site-specific, and must occur on certain lands that are adjacent to existing operations, It is fairly obvious that it is impossible to use a site across town to provide access across existing property on this side of town, It is equally impossible to use a site even several blocks away for parking, Finally, pure common sense says that all s10rage and load out areas associated with a particular part of business must be located together and not on two different sites blocks, or even miles away, For these reasons, and not to mention the fact that 3 of the 4 subject properties are already owned by the adjacent existing industry, the subject parcels are the best suited to at least partially fill the public need for more industrial land in the City of Woodburn, 5-8 Conclusion: The land lies adjacent to existing industrial property and is a logical extension of an existing use, C. The Land Cannot Be Suitablv Used As Is: The last criteria that must be addressed in any change to the Comprehensive Plan is a determination that the land being converted cannot be reasonably or suitably used as it is presently designated. While it is clear that the parcels involved here could have houses built or kept on them, the key element to this consideration is the "suitability" standard. In other words it is not enough that a house could be placed on the property. After all with today's engineering and 6 Council Bill No, 1646 Exhibit "A", Page 7 of 11 technology, houses can be built almost anywhere. The real standard is whether or not the land, given the characteristics of the area, is suitable to place a house. As to the three Woodburn Fertilizer properties, they are so integrated into the business operation at this time that placing houses on that land makes no sense, either economical sense or practical sense. For example, Parcel 2, is split zoned with an existing industrial use ongoing. That parcel is not suitable for anything except expansion of the existing industrial use, The majority of Parcel 3 and almost all of Parcel 4 consist of existing access road to allow ease of movement of Woodburn Fertilizer cars, trucks and customers between Mill Street and Hardcastle as well as in and around their own facilities. Parcell is enclave, and for that reason alone should not be considered suitable for anything other than industrial use. All four of the parcels involved here are not SUITABLE for residential use, but are ideal for industrial use, This criteria is satisfied by this application, 5-C Conclusion: The parcels are already utilized as parking and storage areas the zone and comprehensive plan amendment bring this land into compliance with the existing use, D, Comoliance With Zone Code Criteria: In addition to the approval criteria stated in the comprehensive plan, ~ 16,080(a) of the Woodburn Zone Code requires either a finding that he original plan was in error, or that the community has changed since the original plan was adopted, The Woodburn community has changed significantly since the UGB was originally drawn in the early 1980's. In the last 14 years, the growth Woodburn has experienced is far greater than either the 1981 or 1989 projections, This rapid growth has outstripped the City's ability to provide industrial areas to meet current need, let alone through the planning period in year 2008. 7 Council Bill No. 1646 Exhibit "An, Page 8 of 11 5-D Conclusion: This application satisfies all of the requirements of the Woodburn Zone Code. 6. Statewide Goals and Guidelines This application satisfies and complies with all Statewide Goals and Guidelines, The following discussion addresses each applicable goal individually. Goal 1 - Citizen Involvement - This goal seeks to ensure that the public will be involved in all aspects of land use planning in the city. Two public hearings and an extended open record and notice period are provided in this case. Goal 1 is satisfied, Goal 2 - Plannina - This is the goal that sets up the planning process, and is used currently and primarily as the "exceptions" mechanism when a local jurisdiction wishes to avoid compliance with any of the Statewide Goals and Guidelines. No exception is involved in this case, and the Goal is not applicable, Goal 3 - Farm Land - The subject properties are not farm land, The land is inside the UGB and the city limits and is committed to non resource development, The Goal is not applicable, Goal 4 - Forest Lands - The subject properties are not forest land. The land is inside the UGB and the city limits and is committed to non resource development. This Goal is not applicable. Goal 5 - ODen SDaces. scenic and historic areas and natural resources - The subject properties are not identified as being in the inventory of open space, scenic, historic or natural resource areas of the City therefore this Goal is not applicable, As previously mentioned however, a large part of the northern section of Parcel 2 slopes down into a swale and is undevelopable, This land will remain in open spaces and in its natural state and condition. With this area preserved, and the lack of inclusion in any city resource inventory, the subject properties and the change being requested here comply with this Goal. Goal 6 - Air. water and land resources aualitv - Goal 6 strives to maintain and improve the quality of the air, water and land resources in the State of Oregon, This proposed project does not disturb or crate problems with the environmental quality of the state. 8 Council Bill No. 1646 Exhibit "Aft, Page 9 of 11 This application has no real impact on the air, water and land resources. There is no air pollution generated by this use. The only improvement being built as a result of this application is a storage building that will not cause any environmental problems at all. In fact the only impact at all will be on storm water, and the building will be constructed to adequately control and discharge that run-off. The Goal is complied with. Goal 7 - Areas subiect to natural disasters and hazards - Goal 7 seeks to protect life and property from natural disasters and hazards. There are no identified natural disasters or hazards on the subject property. The subject property is not located in an identified landslide or earthquake zone. None of the property is located within an identified flood plain, This Goal is complied with. Goal 8 - Recreational needs - This goal was created to insure that the recreational needs of the people were taken care of in the siting of necessary recreational facilities, This project does not involve the siting of any recreational facilities, nor does it involve the removal of any land that could be used for recreational purposes. This Goal is complied with, Goal 9 - Economv of the state - Goal 9 strives to diversify and improve the economy of the state. This proposal does diversify and improve the economy of northern Marion County by allowing the needed expansion of a vital industrial in the community. Without expansion, the business would not be able to serve the continued and growing needs of its customers. Service is a big part of the competition in the seed and fertilizer business. Being able to grow with market demands is critical in business survival. This Goal is complied with. Goal 1 0 - Housina - The housing goal is meant to provide for the housing needs of the citizens of the state of Oregon, This project does not involve the removal of any existing housing, As discussed above the vacant lands are not reasonably suited to residential use in the first place, Woodburn continues to maintain a large surplus of residential lands, both low and high density. This surplus allows minor adjustments in the WCP to move residential lands into needed industrial lands on a case by case basis without adversely affecting the housing inventory in the city. This Goal is complied with. Goal 11 - Public facilities and services - This goal is meant to provide a plan for the development of property in a timely, orderly and efficient arrangement of public facilities and services. The applicant's proposal complies with this goal because no public facilities or services will be 9 Council Bill No. 1646 Exhibit "A", Page 1 0 of 11 necessary, nor will any additional pressure for public facilities be created by this project. Woodburn Fertilizer, Inc, has already contributed significantly to the placement of infrastructure and streets in this area. Within the last year, the applicant built at its own considerable expense, a complete overhaul of Railroad Avenue including somewhere near 1,500 feet of new pavement and sidewalks on one full side of the new street, This improvement cost in excess of $300,000,00 This Goal is complied with. Goal 12 - Transportation - This goal is meant to provide and encourage the safe, convenient and economical transportation within the state of Oregon. This project meets and complies with this goal, as no new traffic will be generated by this proposal. Goal 13 - Energv Conservation - The purpose of this goal is to conserve energy in the state of Oregon, This proposal does not involve the expenditure of any energy resources whatsoever and, therefore, complies with the goal. The applicant's proposal does not require significant construction or use of energy other than gasoline for vehicles to come and go, which undoubtedly would be expended in any event since no new traffic will be generated because of this application. The subject property is not located on any sources of geothermal or other energy resources so that the utilization of the property for industrial purposes would not deprive the citizens of the state of Oregon of any energy resources, Because the project does not expend a significant amount of energy, nor does it deprive the people of a significant resource, it, therefore, complies with goal 13. Goal 14 - Urbanization - This Goal is meant to provide for an orderly and efficient transition from rural to urban land uses. This Goal is not applicable here, as we do not have a conversion of rural land to urban type uses, The parcels involved here are already committed and being put to urban uses, This Goal is complied with. 6-A Conclusion: The applicant's request meets all relevant statewide goals. SG:bw 10 ~ Ja ~~ '" C ncil Bill No. 1646 ; /', P'g. 11 of 11 080 I 2100 .. 2100 A 1 - 22( 6256 , , ,', , '\ '\( a.Q 51 '174.10 H'ly NW COR B S lIOIfEY Dl.C 47 2400 -- - U" 2600 ~- 8/ ~ .. ... t> .. . .. .. i ~ .. a .. < G< i:f tit I; ~,. ,~li g~~f/ co::;..~ I/)..g~ ~ il1. .. 3700 a -,~. - ..