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Ord 2146 - Amend Urban Grow Boun COUNCIL BILL NO. 1635 ORDINANCE NO. 2146 AN ORDINANCE AMENDING THE URBAN GROWTH BOUNDARY OF THE CITY OF WOODBURN TO INCLUDE 19.6 ACRES OF PROPERTY LOCATED WEST OF INTERSTATE 5; ANNEXING SAID PROPERTY INTO THE CITY OF WOODBURN; AMENDING THE CITY OF WOODBURN COMPREHENSIVE PLAN MAP FROM MARION COUNTY "PRIMARY AGRICULTURE" TO CITY OF WOODBURN "INDUSTRIAL"; AMENDING THE CITY OF WOODBURN ZONING MAP FROM MARION COUNTY "EXCLUSIVE FARM USE" TO CITY OF WOODBURN "LIGHT INDUSTRIAL"; AND SETTING AN EFFECTIVE DATE. WHEREAS, the Applicant. Davidson Farms, Inc., owns 19.6 acres of property located west of Interstate 5 and described more specifically in Exhibit" A" which is attached hereto and incorporated herein, and WHEREAS, the Applicant has filed an application to amend the City of Woodburn's Urban Growth Boundary to include said property, to annex said property into the City of Woodburn, to amend the City of Woodburn Comprehensive Plan Map from Marion County "Primary Agriculture" to City of Woodburn "Industrial" and to amend the City of Woodburn Zoning Map from Marion County "Exclusive Farm Use" to City of Woodburn "Light Industrial"; and WHEREAS, the Woodburn Planning Commission conducted a public hearing on February 23. 1995. and granted said application, and WHEREAS, the City Council conducted a hearing on March 27, 1995, and directed staff to prepare Findings of Fact and Conclusions of Law in support of the approval of said application; and WHEREAS, Findings of Fact and Conclusions of Law have been prepared and are attached hereto and are incorporated herein as Exhibit "B"; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The subject property is owned by Davidson Farms, Inc. and is described specifically in Exhibit" A", which is attached hereto and incorporated herein, Section 2. That based upon the Findings of Fact and Conclusions of Law set forth in Exhibit "B", the Urban Growth Boundary of the City of Woodburn is hereby amended to include the subject property. Page 1 - COUNCIL BILL NO. 1635 ORDINANCE NO. 2146 Section 3. That based upon the findings contained in Exhibit "B", the subject property is hereby annexed into the City of Woodburn. Section 4. That the Woodburn Comprehensive Plan Map is hereby amended as to the property described in Exhibit" A" from Marion County "Primary Agriculture" to City of Woodburn "Industrial", based upon the findings contained in Exhibit "8". Section 5. That the Woodburn Zoning Map is hereby amended as to the property described in Exhibit" A" from Marion County "Exclusive Farm Use" to City of Woodburn "Light Industrial", based upon the findings contained in Exhibit "B". Section 6. That approval of this application is conditioned upon no building permit being issued on the subject property until the City's Transportation System Plan is completed and adopted pursuant to OAR Chapter 660, Division 12. Section 7. This ordinance is effective upon formal approval of the above- described Urban Growth Boundary Amendment by the Marion County Board of Commissioners pursuant to the terms of the Urban Growth Boundary Agreement signed by the City and adopted by Ordinance No. 2021. Approved as to form(/7.~ & ) City Attorney s);o Irs Datt t APPROVED: CtA~ Passed by the Council June 12, 1995 Submitted to the Mayor June 13, 1995 Approved by the Mayor June 13, 1995 Filed in the Office of the Recorder June 13, 1995 ATTEST: ar Tennant, City Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. 1635 ORDINANCE NO. 2146 ~". -_. . ....._........_.~~..__..~, .~~. ,~._--~~ . Council Bill No. 1635 Exhibit "A" Page 1 of 1 DESCRIPTION A parcel of land lying in the Southeast 1/4 of Section 11, the Southwest 1/4 of Section 12, and the Northeast 1/4 of Section 14 of Township 5 South, Range 2 West of the Willamette Meridian, said parcel also being a portion of Thomas Roy Heirs Donation Land Claim # 82 , and the Moses Lore Donation Land Oaim # 61, said Township and Range, said parcel being more particularly described as follows: ' Beginning at 6. brass cap set in concrete marking the Northwest corner of the A Dubois D.Le. # 98, said Twp. and Rng. and run thence South 02"03'32" West 950.12 feet to a 1/2' iron rod set on the Northwesterly right-<lf-way line of 1-5; thence aJong said right-of-way line South 33"45'40" West 344.45 feet to a ~ iron rod set by the O~ State Highway Dapl; thence continuing along said line South 37"28'00" West 1532.42 feet to a 5/8" iron rod being the TRUE POINT OF BEGINNING; thence continuing along said right-<lf-way fine of said 1-5 South 37"28'00" West 627.84 feet to a ~ Iron rod set by said OSHD; thence continuing along said fine South 37"28'00" West 1269.68 feetto the Westerly fine of that certain parcel conveyed to Harry T Voorhees by deed recorded in Volume 266, Page 568, Deed Records of Marlon County, Oregon; thence along said Westerly line North 01-43'32' East 1539.83 feet to a 5/8" iron rod; thence South W17'28" East 1108.39 feet to the mUE POINT OF BEGINNING, all in Marion County, Oregon. This parcel contains 19.6 acres, more or less. I , , , . , l , I t -,----'.~,..,~.-._-,-~-_._............"-,._~.._.."-~'"..,_. COUNCIL BILL NO. 1635 Exhi bi t "B", Page 1 of 23 Exhibit A - Findings and Conclusions [Davidson Farms, Inc.] I. Nature of the Application: This decision contains four interrelated land use actions. The first is an amendment to the Urban Growth Boundary (UGB) for the City of Woodburn to bring the subject property inside the boundary. The second is annexing the property into the corporate limits of the City of Woodburn. The Third is designating the parcel as Industrial in the comprehensive plan. The fourth and final action is actually rezoning the subject property to Light Industrial (IL). II. History of the Application: A duly completed application was received by the City Planning Department in November, 1994. Staff analyzed the proposal and received comments and information from other agencies and, based upon that review and analysis, recommended that the application be approved. A public hearing before the Woodburn Planning Commission was duly held on February 23, 1995 in which additional information and testimony was received. At the close of this hearing the Woodburn Planning Commission unanimously voted to recommend that all parts of this application be approved as submitted. The matter "o/<lS submitted to the City Council for their review of the Planning Commission recommendation. On March 27, 1995 the council duly held a public hearing on this application, which hearing was then continued until Apri110, 1995, at which time the record in this matter was duly closed. At the conclusion of the public hearing, the Woodburn City Council unanimously voted to approve all parts of this application as submitted. During the open record period before the City Council, representatives from the applicant and city staff met with staff from the Department of Land Conservation and Development (DLCD) and the Oregon Department of Transportation (ODOT) to discuss the~. DLCD suggested that additional information should be supplied about the possibility of converting other lands already inside the UGB to industrial use. The applicant thereafter commissioned an exhaustive study of such possibility, which study was submitted to the city and included in the record of this case. In addition, DLCD staff encouraged the city to focus on the industrial land based need approach to justification of this decision, rather than on the potential benefit to the city in siting its split diamond interchange. Since the city is currently in the midst of reviewing its own Transportation Plan, and given the very strong evidence throughout the city of the true need for additional industrial lands as shown by the applicant in this case, it was agreed that the primary basis for this decision would focus on industrial land need, rather than the benefits to the city Page 1 - Findings and Conclusions (Davidson Farms, lnc.) ----. ^-,. ".+-~----'."""'."".'---"--'~"~-'.~-' COUNCIL BIll NO. 1635 Exhibit "B", Page 2 of 23 from allowing an alternative site for placement of the southern by-pass of the proposed split diamond interchange. Also during the preparation phase of this application numerous meetings were held between the applicant and city staff and ODOT, as well as with private traffic engineers regarding all aspects of this proposal. ODOT has indicated on numerous occasions that they do not object to the land use nature of the application. III. General Findings of Fact The following findings of fact relate to general features of the land and surroundings and apply in general to all aspects of this case. 1. The subject property is 19.6 acres in size and is triangular in shape. The parcel is the southern tip of a contiguous tract owned by applicant, the total acreage of the combined ownership is i'8.38 acres. The 68.8 acre tract within the UGB will be referred to herein as the "remna.'lt parcel". The land is generally flat, however a drainage ditch traverses the length of the property from north to south. Although the ditch is somewhat lower in elevation from the remainder of the site and is bermed to some extent, the site has been delineated and found to not contain any jurisdictional wetlands. 2. The subject property is bounded by Interstate 5 to the east, industrial land to the north and agricultural land to the west. Since the property is a triangle whose tip lies to the south, there is no use identification for that direction. Beyond the industrial land to the north lies Highway 219. The north edge of the subject tract borders the city limits of Woodburn and the Woodburn UGB. 3. Sole access to the site is from Hwy 219 across the applicant's remnant parcel from the newly construr;ted extension of Woodland Avenue. Without the joint ownership by the applicant of the parcel directly to the north, the subject property would be landlocked. 4. The subject property is currently zoned EFU (exclusive farm use), and is designated Primary Agriculture in the Marion County Comprehensive Plan. 5. The land around the subject property is a mixture of zones and uses. To the south and west are EFU :tOned lands. To the north is the remainder of applicant's property, which is located inside the UGB, designated Industrial in the Woodburn Comprehensive Plan (WCP) and zoned IL. To the east of Interstate 5 is a large area designated commercial in the WCP and zoned for commercial retail uses. Wal-Mart is located in this area, as will be the newly approved Capital Development Corporation's factory mall outlet. 6. A soil study was performed on the site by Scoles and Associates. The study revealed that the subject property consists of Woodburn silt loam, Amity silt loam and Dayton silt loam. The Woodburn and Amity series soils are considered moderately well and Page 2 - Findings and Conclusions (Davidson Farms. Inc.) " .,. ,... .~.._--~_.->-----~~~..~ ,.----...,.....,- _,__________,......__,.~~_.._..".___~_4___ COUNCIL BIll NO. 1635 Exhibit "B", Page 3 of 23 somewhat poorly drained respectively. The Dayton soil is considered poorly drained, unless drained (by ditching, for example). Dayton soils are not considered suitable for farm uses. Due to the size, shape, soil types and the drainage ditch across the subject property, it has not been successfully farmed. A cover planting of rye grass has been maintained in order to keep the weeds from growing and contaminating the adjacent lands. 7. The subject property is not a profitable farming parcel. Its mixed soil composition makes it difficult to grow a profitable crop. The triangular shape of the parcel; the location of the ditch bisecting the property; and the presence of the high voltage transmission lines along the entire eastern border make it practically impossible to maneuver normal farm equipment on the site. The location of the site adjacent to Interstate 5 eliminates certain customary farming practices, such as field burning, which further make the parcel unsuitable for commercial farming. 8. In addition, this area can not be integrated into other farms. The only other farming activity takes place on the west leg of the triangle. The subject parcel simply does not have good enough quality soil, in sufficient amounts to warrant the expense of acquisition, or the additional expense required to even try farming it commercially with the adjacent land. The freeway is contiguous along the entire east leg of the triangle. On the other side of the freeway is a large area that is inside the city limits and is zoned for commercial use. On the north leg of the triangle is the remnant of the applicant's property which also is inside the city limits and is zoned for industrial use. Therefore these two areas can not and will not integrate this area into a useable farming tract. Finally, the parcel could not be commercially farmed as a stand alone unit, which was farmed by someone who farmed in the area, but not on contiguous ground. The primary reason is lack <:>f suitable access. The only access to this area is through industrial land. Access would come off Highway 219 at Woodland Avenue. It is highly unlikely that any farmer would risk the traffic congestion movement of farm equipment in this area. In the event Woodland Avenue is not further extended from its present location to the subject property, the 19.6 acres is landlocked entirely. IV. Specific Findings and Conclusions on Need for Industrial Lands 9. In 1980, the city adopted a comprehensive plan, which was acknowledged by DLCD. At the time of adoption of that plan, the city designated a total of 548.5 acres for industrial development. At this time, excluding the applicant's property, only 57.03 acres of developable land remain in the city to satisfy its current and future need for industrial land. 10. The city, on ,werage, is currently utilizing 55 acres of industrial development per year. This leaves an immediate need for about 110 acres in the next two years. This average absorption is considered a good indicator for industrial land needs in the short term, given the population increase in the city; and the depletion of industrial lands that have Page 3 - Findings and Conclusions (Davidson Farms, Inc.) . ,.....~.~...~...~~-~.__.~".,.~".t"-.._-"--_._'-"..._-'..,~.~--"~--~----_._..~ COUNCIL BIll NO. 1635 Exhi bit "B". Page 4 of 23 occurred in the past several years. The long term industrial lands needs of the city will be addressed during the next periodic review of the entire Woodburn Comprehensive Plan and impiementing ordinances. The findings and conclusions here are intended to only address tile immediate short terms needs of the city. 11. The proposed modification of the boundary to include 19.6 AC will not completely satisfy the short term industrial needs of the city. However, it is a good start. This UGB amendment will assure that the applicant's prime industrial acreage (the remnant 68.38 acre tract) is made large enough (87.98 acres) to accommodate a variety of different industrial uses, without being compromised by other circumstances that are beyond the control of the property owner. By reconsolidating the parcel into one cohesive developable tract, the city adds not only the 19.6 acres to its inventory, but the 68.38 acre parent tract becomes a much more viable tract for development to meet the immediate short term need for industrial land. At 87.98 acres, the tract's size and useable shape improves greatly, and brings the available lands total to 145.01 acres. This will now provide one large cohesive parcel for a single industrial user, or a small to medium siZ!:d industrial park, which currently is not available in the city. Although the 19.6 acre parcel falls below the pure size requirement of the conversion lands study peiformed by the applicant, its inclusion is consistent with the fmdings of that study which looked at smaller parcels which could be joined together to make a larger tract of sufficient size. See in particular the discussion of size requirements on page 2 of the "Definition of Industrial Lands" section, where it is stated that smaller parcels may qualify for the 50 acre minimum if they are contiguous and under one ownership. In addition, two or more smaller parcels owned by different people could still qualify for the 50 acre minimum if it seemed advisable for the smaller parcels to be amalgamated for development purposes. In this case, the 19.6 acres is actually a part of the larger tract; is under one ownership and makes up a tract of almost 88 acres when viewed together. This identical analysis was employed throughout the conversion lands study. See in particular the following parcels all of which which were considered as one cohesive tract for conversion -analysis purposes: par<;els 6, 7 and 8 in Sector 1; parcels 14, 15 and 16 in Sector 2; parcels 33 and 34 in Sect.or 3; parcels 35 and 39 in Sector 3; parcels 41, 42 and 43 in Sector 4; parcels 52, 53 and 54 in Sector 4; parcels 48 and 49 in Sector 4; parcels 65 and 66 in Sector 5; pan.els 63, 64 and A in Sector 5; and parcels B and C in Sector 5. In the analysis of all of these parcels, the best light possible was given to whether or not it was possible to utilize these smaller tracts, either together with contiguous tracts under the same ownership or by amalgamating with other adjoining owners. It is important to point out that the subject property is the only parcel in the city that was split zoned, but still one tract. It is also important to note that aside from parcels 41, 42 and 43 in Sector 4, no other tracts in the city were contiguous to industrial lands as the subject parcel is. Page 4 - Findings and Conclusions (Davidson Farms, Inc.) -- ~ COUNCIL BIll NO. 1635 Exhibit "B", Page 5 of 23 12. WCP Article IX, C 1 requires the city to maintain a sufficiently large enough industrial land base to provide for industrial growth in the city to accommodate the residential growth expected. The WCP projects the city's population in the year 2008 to be 18,000. A recent Portland State study has indicated that the city will reach a population of 18,000 sometime in early 1999. By the year 2008, the city's residential population will be 20% higher than projected. This data indicates that the demand and need for industrial land will be even larger than the current average consumption of 55 acres per year. 13. Industrial parJr..s are the preferred form of industrial growth in the city according to the comprehensive plan. It is highly unusual to fmd an industrial park on less than 50 acres. Most parks are well in excess of 100 acres. Excluding the applicant's property, the largest currently designated industrial site in the city is only 17.95 acres in size. When the 19.6 acre ~cel is joined with its parent parcel, a cohesive tract of almost 88 acres is left. This is large enough to accommodate a small to medium size industrial park. It is customary for industrial parks to have one main access route through it, and the presence of such internal road systems does not harm the park. On the contrary, good internal access is a must. An industrial park by its very nature consists of several unrelated industries joined together in one area; served by one access system; all on the same public utilities; and each providing buffering and compatibility for the other. It is not unusual for an industrial park to have different "cells", or smaller compartments within the overall park design. For purposes of the conversion lands study, as well as here, the size requirement is a gross acreage number, including all of the "cells" and street systems necessary to serve the park users. The total park size that would be involved on the subject property is almost 88 acres. This is large e'lOugh to allow for land loss for internal roadways, buffer areas, unusable corners and y~t to still allow a workable size industrial development. Consideration of potential futur~ land loss is important on this site because of the on-going discussion between the city and ODOT, and during the up-dating of the Woodburn Transportation Plan, a potential transportation facility is being considered somewhere on or near the subject property. While this application itself is not concerned with what might happen with the transportation plan, since there are evidence and findings that this site can operate within acceptable standards using only existing facilities, it is important to view potential impacts that could result if a new transportation facility was sited on this site. Some land loss is inevitable if a transportation facility is built on this land. The amount of the loss, and the impact thereof is best left up to the transportation planning process, as anything here would be pure speculation. However, a few things are known at this time. First of all, if the existing over-pass facility is rebuilt and reconfigured, the impact on the subject pn"lperty would be very limited. Few if any acres would be lost, and the contiguity of the site would be retained so that there would be essentially no design Page 5 - Findings and Conclusions (Davidson Fanns, Inc.) ^,_~."'-+'M._"~___'~~""" .r..'.-..-.----~,.,-.-.--'--~-.."..-"~---. ..,"-~-----.-....-~---~."- COUNCil BIll NO. 1635 Exhibit "B", Page 6 of 23 limitations. If the south by-pass configuration of the split diamond is selected, two possible site locations have been discussed. One possible location is on the tip of the triangular portion of the subject property. Another is approximately 800' north of the subject property, approximately bifurcating the applicant's parent parcel. The 19.6 acre subject property will contribute towards the city's industrial land needs regardless of which by-pass alignment or location is ultimately selected. The northern location creates two parcels (33 and 48 acres) that can be one integrated industrial park of 81 acres, and when considering the HWI facility as actually a part of the industrial park complex, the total acreage is well over one hundred. The size of the parcels on each side of the by-pass road allow for an intersection to extend Woodland in a southerly direction to provide access and to integrate the parcels into one cohesive unit. If the northern location were selected, the Woodland right of way would remove about 7 acres of land, leaving over 24 acres on the northwest side of the street, backing up to HWI which is about that same size, making an integrated tract there for industrial use of almost 50 acres net. In addition, 38.8 acres in an nice rectangular shape will remain on the southeast side of the street. Together this park, with HWI as its anchor, would be large enough to allow an industrial park, and the contemplated "cell" sizes are large enough to allow a small to medium size industrial use such as HWI, or to be partitioned into smaller sized parcels if the future need demanded it. The southern location creates three parcels (6.4, 24.4 and 38.8 acres) that also can be integrated into one industrial park of almost 70 acres, and when considering the HWI facility as a part of the industrial complex, the total acreage is approximately 98 acres. Access can be provided to the 6.4 acre site by intersecting with the by-pass road along the western edge of the site where it would match up with Woodland. The small irregular size of this tract is suitable for integration in the overall industrial park complex, and is ideal as a small site for smaller industrial users, yet is still served with the same public utilities and other services that are constructed for the remainder of the industrial park. Regardless of. where the south by-pass is constructed, the "cell" sites left are very suitable for m'.my different kinds of industry that would typically cravitate toward an industrial park setting. Even considering that Woodland Avenue will bisect the remnant, Woodland wi11 simply act as the major route, and can be worked into the design of the park. 14. In addition to industrial parks, which generally fulfill the need for smaller parcels, by smaller industries, there is a need to provide for a diversity of available lands to attract other larger industrial users. Most large industrial users will need a minimum of 50 acres, many will require even more acreage. The Target regional distribution warehouse recently selected a site in Albany that is well over 100 acres in size. High tech firms, many of whom have been recently sited in the Portland, Tigard, Beaverton and Tualatin Page 6 - Findings and Conclusions (Davidson Fanns, Inc.) ~ ,....-..--".,.,.-t...--.- ~ COUNCil Bill NO. 1635 Exhibit "B", Page 7 of 23 areas, routinely require a minimum of 100 acres in order to be competitive. An example of the need for land in the high-tech industry is Siltec in Salem. This business originally sited in the Salem Industrial Park on 18 acres. As the market grew, and after initial expansion, it had no room for further expansion on site. Siltec was then forced to expand at a different location, where it recently purchased 50 acres outright and acquired an option on another 25 acres. Even with a total of 93 acres, the company is at an economic disadvantage because of the inefficiency in having two different operation locations. In addition to the Siltec and Target examples, the Oregon Economic Development Department provided a list of recent market activity (dated March 27, 1995) showing nine other examples of industrial site acquisition, the smallest of which was the Siltec expansion. Other examples included 200 acres in Hillsboro for the Seaport property; 80 acres in Salem for Westpac Industrial; two parcels in the Albany- Millersburg an-.a, one for 105 acres and another for 110 acres; Corvallis 300 acres for River Park S:lUth; a 300 acre site in Lebanon for Tektronics; and three sites in Springfield, 124 acres to McKenzie/Gateway, 200 acres to Willow Creek and 150 acres to Green Hill. 15. Woodburn's ovm experience, both in actual development over the years, and its counter inquiries is that minimum industrial park sizing must be at least 50 acres. This sizing allows adequate parking, on/offloading, industrial security, buffering, storage, room for expansion and a sufficient building envelope. 16. The applicant has conducted three industrial lands studies of the Woodburn area. The first is a study of existing available industrial land inside the UGB. The second is a study of lands outside the UGB to determine where the best area for UGB expansion might be. The final study was of all other lands inside the UGB to determine if any other lands could or should be converted from other uses to iPdustrial uses. These studies confirm the city's belief that there is an extreme shortage of industrial lands now existing in the city; that the West Woodburn area is the only viable location for expansion; and that no other areas already inside the UGB are suitable for conversion to industrial use: Unless stated otherwise herein, the findings and conclusions contained in those reports ~re adopted by the city in total. V. Additional Findings and Conclusions The following Additional Findings and Conclusions are hereby adopted by the city in support and justification for its decision in this case. A. COMPLIANCE WITH COMPREHENSIVE PLAN CRITERIA: Sections 1 and 2 of Chapter XIII of the Woodburn Comprehensive Plan require that any change thereof comply with the goals, polices 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. Page 7 - Findings and Coru:lusions (Davidson Farms, lru:.) ~' ....,- - COUNCIL BIll NO. 1635 Exhibit "B., Page 8 of 23 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-I provides that the City will mainlain 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 majorcransportation routes. Policy C-6 encourages the industrial park concept as the most desirable 'form of industrial development. Each of these policies is satisfied by this application. As clearly indicated in the inventories of 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 no one single large tract remaining (aside from the applicant's) for which an industrial park campus type development is available. Industrial developments want neat, clean packages. There are a tremendous number of other communities, including Wilsonville, Tigard, Salem, Eugene and Medford that have large inventories of industrial lands to compete with the City of Wood bum in obtaining new industrial lands. Those communities offer incentives by way of reduced pricing, tax: breaks and waiver of development fees in order to attract industry. Woodburn is unique in that its location allows it to successfully compete for businesses and industries without offering those incentives. ~ ! It is imperati\ e that this City increase its base of industrial land in order to meet the needs of its growing population and to mainlain a vital and healthy business community. This application does that in a number of ways. 2. Annexation Policies: This application includes a request for annexation of the 19.6 acre parcel. Annexation Policy 0-1 provides that it is important for the City to have enough available vacant land to meet the necessary development anticipated in the City. As a general role, this policy requires a five year supply of vacant land to meet the City's needs. Annexation should be done judiciously in order to avoid inefficient sprawling development. This application satisfies these very important land use policies. As indicated above, and as demonstrated in the inventory analysis, the City currently does not have a five year supply of vacant available illdustrialland. Therefore, the addition of this parcel, which will provide for the more efficient use of the Davidson industrial park, directly meets the needs expressed in the annexation pol:cy. Page 8 - Findings and Conclusions (Davidson Farms, Inc.) . ..' ~. .,.., ,- " -~---~~_._"._". "..._--.....-".--~-~ COUNCIL BILL NO. 1635 Exhibit "B", Page 9 of 23 This application does not involve inefficient sprawl. Simply by looking at the map, one can see that the additi0n of this triangular piece serves to "square up" the boundary in this area. Public services are already at the Davidson property.' 3. Public Service Godls and Policies: This section of the comprehensive plan generally sets forth the goal of the City of Woodburn to provide adequate public services to developable lands in the City. Public services include sewer, water and storm drainage. See specifically goals H-I and policies H-l, 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. As indicated previously, the applicant here was instrumental in bringing public services to west Woodburn including bearing a significant portion of the cost thereof. Those public facilities are now on the applicant's property making the 19.6 acre parcel fully served. 4. Tran~rtation Gools and Policies: Section I of the Comprehensive Plan sets forth the transportation goals and policies of the City of Woodburn. Several of these policies are directly applicable here. It is the goal of the City of Woodburn to provide a safe, effective and efficient transportation system that will accommodate traffic at a level projected for the year 2000. Unfortunately, given the unexpected rapid growth rate in the City, many of the general projections in the Comprehensive Plan have become obsolete. Transportation planning is one of the areas hardest hit. Adding additional industrial land at this location will not adversely affect the level of traffic at Woodland and Highway 219, which is the sole access point for the subject property. The city adopts the findings and conclusions of Mr. David G. Larson, traffic engineer, set forth in his letter of March 27, 1995, in which he concludes that the potential use of the subject property for industria' use will satisfy the provisions of OAR 660-l2-D60(1)(a-c) and (20 (a-c), and that the level of traffic generated by the additional developments that might occur thereon , even without any m'ljor traffic facility improvements in the area, still meets the requirements of OAR 660-l2-060(2)(df, 5. Growth Goal: 'Mr. Davidson led the private sector contribution for improvements to the sewer and water system to serve this entire area, including HWI. 2See the additional findings and conclusions regarding the lack of impact on traffic facilities by this application in the later section hereof dealing with compliance with Goal 12 (fransportation). Pase 9 - Findings and Conclusions (Davidson Farms, Inc.) _ ... ...._ ,^,~___~""""___~__<N~,.......--t".<. ---.- COUNCIL BIll NO. 1635 Exhibit "B", Page 10 of 23 According to Comprehensive Plan Goal J-l, it is the City's plan to grow to approximately 18,000 by the year 2008 and that such growth should be accompanied by the provision of necessary public services. This application satisfies this goal. By providing additional industrial lands, jobs will be created so that the increase in population will have work close to home. By approving this application, 19.6 acres of industrial land will be added to the City, and assuming a workable transportation plan is adopted, the design capabilities of a 68-acre industrial park are preserved as well. This is the last large industrial piece in the City. The City has hopes of attracting a campus-type industrial park development, and this is the only parcel in the City that can accommodate that type of development. An industrial base is needed to support the amount of population growth anticipated by the comprehensive plaa. Therefore, it is absolutely imperative that the City provide a sufficient base of industrial land to provide jobs, and a business oriented tax base to keep this community vital. There are no costs associated to the public with this application. As noted above, all public services are already to the site. Public services were planned and built to serve the Davidson large industrial parcel, and the addition of this tract can be served by those existing facilities. 6. Growth and Urbanization Policies: The Woodburn growth and urbanization policies are essentially a summary of several other City goals. These policies provide that growth should be allowed only in those areas where there are public: services, or where public services can be phased in pursuant to a master plan, and funded either by the developer or by accumulated systems development changes. In addition, since this application involves expansion of the urban growth boundary and annexation, there is a coordination requirement with Marion County. This application satisfies this goal. The subject property is part of a larger industrial tract that is already served with all public services. Pursuant to the requirements of the Intergovernmental Agreement, Marion County must review and sign-off on this application before it becomes effective. Conversion of the subject property from its current unproductive status to becoming an industrial site makes good sense. This conversion process is at the very heart of this application. Moving unproductive land of small size and odd shape; without the commitment of public funds or resources; and with the end product of removing a cloud from a 68-acre industrial park and freeing up 19.6 acres of prime industrial land for a city that is in critical shortage of such lands satisfies this policy a~Jd provides a short term window of opportunity for the city to work on a long term solution to the shortage of industrial lands in the City. Page 10 - Findings and Conclusions (Davidson Fanns. Inc.) ~ ." ",- -'>---~'-~-----'--'-"-""~"-.--'-r'-- 11' "._.~_w._"_______'_'_'_~"_'.___'___~"_ COUNCil Bill NO. 1635 Exhi bi t "B". Page 11 of 23 Policy K-lO provides that the City strive to enhance the livability of the urban growth area by promoting logical and orderly development within the UGB in a cost effective manner. The minor readjustm;.nt of the boundary involved herein does promote the logical and orderly development of this cOmmunity. The current location of the UGB zigzags back and forth along the applicant's proper::y without reason. By bisecting a single owner parcel, the current location of the UGB even violates the plan's directive that zone and plan boundaries follow property lines and geographic boundmes. In this case, there is no geographic boundary to follow and the boundary bisects a single owner parcel, all in violation of the Comprehensive Plan. This application would correct that anomaly by squaring up the boundary and allowing it to follow property lines. 7. Public Need: There must be a rmding of "public need" prior to the approval of any change in the comprehensive plan. Public need is determined using an "inventory based" method of study and determination. This determination doesn't mean "public" versus "private" need, as the private owners desire to convert a single owned piece of property may very well satisfy the "public" need under this defin'tion. In this detenrr,nation, 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 parcel 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.4 The industrial lands inventory for the City of Woodburn shows very few acres of available industrial land remain. With approximately 13 years left for growth within the planning period, the current industrial land base is clearly not sufficient to meet demand. Industrial land has been gobbled up in this City much faster than what was originally anticipated. The reason for this surge in demand for land throughout the City of Woodburn is the population explosior that has occurred, outstripping all projections contained in the comprehensive plan. A recent population survey was conducted by the Portland State Population Research Center. This study shows a current population of 15,232, up from the 1990 census population of 14,055,' and almost at the projected population for the entire comprehensive plan 3Such as a river. creek, canyon, hill or bluff. "The Woodburn Comprehensive Plan is intended to provide the land use planning guideline for this community through the year 2008. See page 1, Woodburn Comprehensive Plan. Page 11 - Findings and Conclusions (Davidson Farms, Inc.) ~ ...~~",_.__..._--~-_.t . COUNCIL BIll NO. 1635 Exhibit "B", Page 12 of 23 period (2008). In other words, Woodburn's population has grown faster than anyone projected, and the comprehensive plan has not kept pace by providing needed lands to satisfy this growth. One of the primary problems of the existing inventory of industrial lands in the City of Woodburn is the lack of any large tract parcels. The industrial land base inventory shows the largest available parcel, excluding the applicant's is only 17.95 acres in size, and the average size of available parcels is just over 6 acres. Of the 17 available parcels, 6 are 3 acres or under; 6 are over 3 but under 10 acres; and the other five are between 10 and 18 acres in size. This small tra';t availability limits the types of industrial uses that can site in the City of Woodburn. Many industrial uses require well in excess of 20 acres of contiguous land for plant, parking, storage and necessary setback and buffer areas. Currently in the City of Woodburn, no industry of this 1I.'ignitude can site because there simply is not an available parcel to build on. As previously mentioned, the remnant Davidson Farms parcel is available, however as soon as a potential industrial user looks at the map and sees the property cut in two by the current potential location of the south bypass, and the uncertainty that causes the property by way of potential future use restrictions and limited size availability, the developers refuse to consider the parcel further. This decision to look elsewhere is completely understandable. Hundreds of thousands of dollars will be spent on a property for public improvements such as streets, and site improvements, and it is imperative to a developer that there are no future uncertainties. Adding the 19.6 acres will give flexibility in siting a transportation improvement while still leaving a sufficiently large industrial parcel. Davidson Farras constructed the Woodland Avenue extension at its sole expense, among the many other finan<;:ial contributions it has made to the west Woodburn infrastructure. The highest and best use for the Davidson Farms property is undoubtedly for a campus-type industrial park devel0pment. By market standards, a campus-type industrial park requires a minimum of 50 acres to be economically and practically feasible. There are no areas left in the City which are large. enough to accommodate this type of industrial park except the Davidson Farms parcel. In discussion with DLCD staff, it was requested that additional information be generated as to whether or not non-industrialS areas inside the UGB could be converted to industrial use. The applicant undertook this study, and its findings again confirmed the belief that no other area in the city is suitable for conversion from some other use to industrial uses. To determine whether any property not currently zoned for industrial use may be rezoned to alleviate the shortage of industrial lands within the UGB, a working definition of "industrial su,e applicant's t.riginal study included only an analysis of lands that were designated for industrial use inside the Woodburn UGJ. and did not review any other category of lands. Pagt 12 - Findings and Conclusions (Davidson Fanns, Inc.) .~,_.__'.__._..H'~""~~'__~'_"'_ COUNCIL BILL NO. 1635 Exhibit "B", Page 13 of 23 lands" was necessary. The applicant in conjunction with staff, consultants and other professionals developed a definition of what qualities and characteristics were necessary in a piece of property to make it suitable for conversion to industrial lands. The elements involved in siting industrial land that were considered as a part of this definition, in summar'] form include the following: a. ~ - The size of a parcel, or contiguous parcels under one ownership or able to be amalgamated, should be 50 acres or greater. b. ~ - The shape of a parcel, or area, must be generally square or rectangular, or be partitioned into such a shape, or be large enough to provide an appropriate size square or rectangular area upon which to site the industrial development. c. Environmental Concerns - There must be no environmental limitations on the site that would inhibit development. Particularly of concern are floodplains, fill areas, wetlands, slide areas, and hazardous material sites. d. TO'pol!:~ - The area must be generally flat, with no abrupt features, and no need for significant cuts or fills in order to be developed. e. Access/Arterials only - Access to the industrial area must be well oriented to major transportation routes, without the need to utilize local, residential or collector streets for either business, truck or employee traffic. The only two major arterials for this area are 1-5 and 99W. f. Access/Perimeter only - Access to the site should be on the perimeter of the area, leaving the entire area as one contiguous developable tract. Cross streets through the parcel are to be avoided, unless the through street is an arterial with sufficient ability for improvement, and which can be integrated into a workable industrial facility design. g. Location - The location of an industrial area should be such that it is reasonably compatible with its surroundings, and with neighboring uses. Industrial land shall not abut single family residential areas, dedicated parks or schools. Industrial lands sp.ould be buffered by area separation, natural vegetation or landscaping. Where' possible, industrial uses should be separated from residential areas, dedicatr-d parks and schools by commercial uses or an area of mixed uses (which could l-e a mixture of high density residential and commercial uses). h. Public Services: - An industrial area must either have all public services already in place, or otherwise be readily available. Public services in this context include sewer, storm drain, water, electricity, natural gas and telephone. All services must be sized to accommodate industrial use in order to qualify for availability. Page 13 - Firulings arul Conclusions (Davidson Farms, Inc.) -,- . _.~.'---"'--"---'----'-- COUNCIL BIll NO. 1635 Exhibit "B", Page 14 of 23 Using these elements, a working definition was developed that could be applied to parcels inside the UGB to determine if lands not currently designated for industrial use could be converted to industrial use, thereby avoiding the need to expand the UGB at this time. This definition, which the City hereby adopts and endorses, is as follows: "Industrial lands are lands that are of sufficient size and shape to allow siting of a variety ofiTUiustrial type uses. These lands need to either already be served by public services, or are lands which can be economically serviced. To be considered for iTUiustrial use, lands must not have significant developmental limitations such as topography, presence of floodplains, slide areas or fill material. Industrial lands shauld be sitUllted in such a way as to allow maximum ease in access to major transponation routes, but avoid the impacts on local, collector aTUi anerial streets. Industrial lands should be sited, to the extent possible, away from residential and public uses, and should be clustered in cohesive grou.r1s on the fringe areas of the community. When it is necessary, the iTUiustrial use should be significantly buffered from residential and public areas by intervening transition uses such as commercial or mixed use areas. " This definition was then applied to every area and vacant or underdeveloped parcel inside the UGB regardless of its current plan designation. The result of that study, which the City endorses and adopts as its own, is that there are no lands that can be converted to industrial lands. Even considering discretionary allowances to certain parts of the definition for conversion, the best that can be accomplished would be to meet the very short term needs of the City (through perhaps the year 2000), and only then with lands that have significant drawbacks to their use for industrial purposes, and this is assuming that the owners of those parcels would allow conversion, and that neighborhood opposition, or anyone of a number of other problems did not stop the conversion. In summary, there is a desperate need for additional industrial lands in the City of Woodburn. Not only is there a shortage of lands period, but there is also a shortage of large size parcels suitable t.:> accommodate a variety of industries. If the City of Woodburn were to "stand pat" , more than half of the industries looking for new locations would be precluded from coming to Woodburn simply because there wasn't either enough land or a single tract large enough to accommodate them. This is what creates a true land use "public need" for an application of this scrt that not only adds industrial land to the inventory, but frees up existing industrial land so that it can be used for its intended purpose. 8. This Land Best Suits The Public Need: Land proposed to be added to the inventory must be considered the land best suited to meet the public need found in the above-referenced criteria. Based on all of the inventory data presented in this case, the subject property satisfies this criteria. Pagt~ 14 - Findings aTUi Conclusions (Davidson Farms, Inc.) -,--_.;.~--~.~~- COUNCIL BIll NO. 1635 Exhibit "B", Page 15 of 23 The Davidson Farms parcel is not only the best suited parcel to meet the need for industrial development in the land base, but it is also the only parcel that is part of a larger contiguous parcel of industrial land that can be used to fulfill a variety of industrial type needs. Here, no productive farm land is lost, the Comprehensive Plan is satisfied by realigning its boundaries to follow property boundaries and a large chunk of industrial land which has heretofore not been practically available to satisfy market demand for industrial land now can fulfill its intended purpose. No other parcel inside the existing urban growth boundary, or around the perimeter' of the boundary can best fulfill the current need for industrial lands like the present 19.6 acre triangular parcel can. 9. The Land Cannot Be Suitably Used As Is: The last criteria that must be addressed in any change to the Comprehensive Plan is a determination that the land being brought inside the urban growth boundary cannot be reasonably or suitably used as it is presently designated. The subject property is designated primary agriculture and is zoned exclusive farm use. This plan designation and zone is intended primarily for commercial farming operations on good quality soil. The subject property is not productive farmland nor can it be made so. The parcel is small in size. It is. triangularly shaped making it very difficult for farm equipment to work the land. A draina;~e ditch6 traverses the entire length of the property as does a major transmission line and'the footprint of a transmission tower. The only access to the parcel is from Highway 214 through the Woodland Avenue extension by HWI ~nd through the existing industrial zoned remnant parcel of the applicant. The parcel has only been commercially farmed in a limited way, and currently will only handle a cover crop that is placed on the property simply to keep the weeds down. It is impossible to imagine a circumstance where the subject property could be used as a commercial farming unit, whether standing alone or if it were possible to integrate with other larger farming units in the area.7 B. COMPLIANCE WITH ZONE CODE CRITERIA: In addition to the approval criteria stated in the comprehensive plan, ~16.080(a) of the Woodburn Zone CoOe requires either a finding that the original plan was in error, or that the community has changed since the original plan was adopted. c 6Since the ditch i. not considered to be jurisdictional wetlands, it may be piped or tiled or diverted to allow maximum use of the property for industrial use. 7This is not pos.;,b1e as was previously discussed, Page 15 - Findings and Conclusions (Davidson Farms, Inc.) _._._+.__.____.,___.._,~_r___v T . '-~'-" COUNCIL BILL NO. 1635 Exhibit "B", Page 16 of 23 Both of these alternative criteria are satisfied by this application. An error did occur when the UGB was drawn in a zig-zag fashion along its western border leaving out this 19.6 acre triangle that had always before been a part of its single tract. Given the plan policy to follow property lines, it must be assumed that an error or mistake was made. In addition, 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 commercial and industrial areas to meet current need, let alone through the planning period in year 2008. C. COMPLIANCE WITH STATEWIDE GOALS AND GUIDELINES: This section of the compliance statement is divided into two component parts. The first part addresses the ex-::eption process; and the second part addresses general goal compliance. 1. Exception ProceSf Generally: The subject pnperty is currently designated and zoned for agriculture use under Goal 3. The land contains soil with class IV or better capability, notwithstanding the practical physical limitations to its farmability, and is therefore subject to resource goal treatment. The exceptions process is found in statewide goal 2 and has been promulgated into rule form in Oregon Administrative Rule 660-04-000 et seq. There are three types of exceptions. The first is based on the concept of the physical development of the property; the second is based on the irrevocably committed nature of the site; and finally, the third rests upon there being adequate reasons for a change in the use of the property. After careful analysis of all three exceptions, the City concludes that all three actually apply, but that the most appropriate exception in this case would be the "reasons" justification. The development of the drainage ditch and transmission tower justify a physically developed exception. Also, the subject property is a part of a larger tract under the same ownership. This lar!;/;r tract has been developed to a large degree. Significant funds have been expended building ar access road to the property 8 and in extending sewer and water to the property. In addition, the HWI facility has now been fully constructed on the northwest comer of the remnant parcel. All of these factors irrevocably commit the subject parcel to urban type development. The "reasons" exception, however, may be the best suited procedure for the facts of this case so it will be explored in more detail here. Bnlls is the Woodland Extension which intersects Highway 219. Page 16 - Findings and Conclusions (Davidson Farms, Inc.) ~. - .-."-----.~-~........-"-......~-.---."r_ - COUNCil Bill NO. i635 Ex~ibit "8". Page 17 of 23 An exception need only be taken to the resource goal. No other of the goals are being deviated from, therefore, no additional exceptions must be taken. 2. Reasons Exception: The reasons exception is conIained in OAR 6~-o20. There are four factors which niust be considered when taking an exception to a resource goal. These factors are generally referred to as the "reasons"; the other area justification; the long term environmental impacts; and finally, compatibility. Each factor is discussed separately below. a. Reasons - Reasons must be shown to justify why the resource goal should not apply ro the subject property. OAR ~..()20(2)(a). The reasons exception is often rvferred to as the "needs" exception because generally, the City must show that there is a demonstrated need for a project, based on one or more of the statewide goals; and that the project has a uniqueness or a special quality or feature about it that requires it to be located on the proposed exception site. OAR 6~-o22(1). In this case, the reasons for bringing the subject property into the boundary are to correct the mistake of having a single unit ownership split zoned when there is no geographic or other logical reason for the division. In addition, it is the best property now available to meet a portion of the severe demand for industrial land in the City. Finally, this parcel's inclusion will provide additional deve1<m.ment acreage to the applicant's remnant parcel which will give it greater ability to satisfy the need for a large single unit tract which could be developed into an. industrial park. b. Other Area Justification - Under this criteria, the City must demonstrate that other areas ~ithin the City of Wood bum (which do not require a new exception) cannot reasonably accommodate the proposed use. The conversion lands study referenred above addresses this criteria in detail, and for sake of brevity will not be repeated here. c. Environmental Im1>llcts - The third factor of this analysis requires that the long term economic, social, environmental and energy consequences resulting from the use of this land for industrial purposes are not significantly more adverse than would typically result from the industrial use being located in some other area also requiring a goal exception. The subject parcel is part of a larger tract owned by the applicant that lies immediately to the north. This larger tract is within the UGB and is zoned IL, light iIidustrial. The land is generally flat; however, a drainage ditch traverses a porti.on of the property in a north-south direction. The subject parcel is Page 17 - Findings and Conclusions (Davidson Farms, Inc.) ~. COUNCil BILL NO. 1635 Exhibit "Bu, Page 18 of 23 currently outside of the UGB, even though it is part of a larger industrial tract that is inside the UGB. Generrlly, an exception involves productive land being irrevocably removed from its agncultural potential. Here there is no agricultural potential, so the conversion of this land is ideal, as it lessens the impact an exception would otherwise have in decreasing the agricultural inventory base of the county. Because of the unusual shape of the property, a good share of its land mass will be used for parking or outside slorage. Both of these types of uses are relatively benign from an environmental impact standpoint. Also because of the small size, the primary industrial use will undoubtedly be in conjunction with adjoining lands to the north (which already are designated for industrial uses). Given loday's technology, and the types of uses allowable in the IL zone to be applied to the subject property, there will be no adverse long term environmental impacts from the inclusion of this land inside the UGH. d. Compatibility - Finally, the applicant must show that the industrial use will be compatible with other adjacent uses, or if it is not compatible, that it can be made compaiible through measures incorporated inlo the facility design which would reduce 'those impacts. The proposed industrial use of this property will be compatible with the surrol'fiding area. The surrounding area includes the applicant's larger tract zoned light industrial, Interstate 5, HWI, and some agricultural uses. All of these uses are customarily found in and around freeway interchanges, and have traditionally been compatible. In this case, the HWI facility has been in place next 10 the agricultural uses for several years without problem or complaint from either side. Considering there will be proper set backs and buffering at the time of site plan approval for any industrial use being constructed on the site, compatibility can be guaranteed. It is also important 10 note that access 10 the interchange will be restricted. The future mdustrial development of the applicant's larger tract will have access only to Woodland Drive and not to the freeway, Highway 219 or to any new transp<,rtation facilities that might be constructed. As noted earlier, traffic engineers have already concluded that this approval will not adversely affect the flow ot traffic on Highway 219. 3. Other Goal CQmpliance: Goals 1-3 are addressed within the context of the exceptions statement set forth above. Compliance with the remainder of the applicable goals is discussed as follows: Page 18 - Findings and Conclusions (Davidson Farms, Inc.) ~.. ....~._,._'-...,. . COUNCIL BIll NO. 1635 Exhibit "B", Page 19 of 23 Goal 4 - ~st Lands - The property is designated as Agriculture by the Marion County Comprehensive Plan Map. There are no forest uses occurring on the property or in the area. Further, the soils on the property do not have a forest lands capacity for the growing of commercial timber. The property is not forest land and therefore this Goal is not applicable, or is otherwise excepted based on the reasons for the Goal 3 exception. Goal 5 - Doen ~aces. scenic and historic areas and natural resources - There are no identified open spaces, scenic, historic or natural resource areas identified on or near the subject property, therefore development of the subject property will not adversely affect or impact such areas. The subject property has no identified historic or cultural significance to it, nor are there any energy resource8, or aggregate resources or fish and wildlife habitats. There is nothing ecologically or scientifically significant about the property which would require it to remain in open space. Goal 6 - Air. vater and land resources auality - 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 create problems with the environmental quality of the state. This application has no real impact on the air, water and land resources. The location near the freeway creates a perfect setting for industrial use. Through the site planning process the city can be assured that when an industrial development does occur on the site, it will be clean and adequately protective of the surrounding environment. In fact the comprehensive plan, as well as the list of allowable uses in the IL wne will limited the types of industries that can be sited to only those deemed to be "clean". Goal 7 - Areas subiect to natural disasters and h~7>1rds - Goal 7 seeks to protect life and property from natural disasters and hazards. There are no identified natural disasters or hazards on the subject proplrty. The subject property is not located in an identified landslide or earthquake zone. None of the property is located within an identified flood plain. Goal 8 - Recreational needs - This goal was created to insure that the recreational needs of the people were ta",en 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. Goal 9 - Economy 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. The inclusion of this land inside the UGB will improve the economy of the greater Woodburn area by allowing industrial development to catch up with the population growth of the city, and to provide jobs for the residents of this community. The new industries will consume local goods and services and will contribute a hefty sum in new taxes, all of which help the state regional and local economies. Currently the HWI development on the Davidson parcel adds more than $200,000 annually to the City of Woodburn coffers through property taxes alone. Page 19 - Findings and Conclusions (Davidson Fanns, Inc.) ~ COUNCil BilL NO. 1635 Exhibit "B", Page 20 of 23 Goal 10 - Housing - 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 siting of any residential facilities, nor does it remove any land that could be used for the construction of residential housing of any signif:.cant level for the community of Woodburn. Goal 11 - fy%c facilities and services - This goal is meant to provide a plan for development of prop.':ty in a timely, orderly and efficient arrangement of public facilities and services for urban ann rural development. The applicant's proposal complies with this goal in that no new public facilities or services will be necessary, nor will any additional pressure for public facilities be created by this project. Davidson Farms has contributed significantly to the placement of infrastructure on the property ahead of development. Goal 12 - Transportation - This goal is meant to provide and encourage the safe, convenient and economical transportation system within the state of Oregon. This project meets and complies with this goal. There will be no adverse traffic impact associated with this approval. As indicated earlier, this application is being justified on the basis of the need for additional industrial lands, and not as a precursor to the Transportation Plan. For this reason the provisions of 0A.l{ 660-12-070 are not necessary to address here. However, in discussion with both DLCD and ODOT, it was concluded that OAR 660-12-060 needed to be addressed. . This rule relates to arhendments to comprehensive plans that significantly affect a transportation facility. This is not the case here. Even when reviewing this application without reference to the new by-pass, OAR 660-12- 060 is not applicable. Reference is made to OAR 660-12-060(2) wherein the application of subsection (1) thereo~ is defmed. Applying the criteria of subsection (2), this application will not "significantly affect a transportation facility". The city received a report from the applicant's traffic engineer, in which the city concurs, that this 19.6 acres will generate total daily traffic of 2, 456 VPD, of which PM peak would be 274 total trips, 217 exit and 57 enter. Of this traffic, 90% will turn east and disburse, with 7% going north on 1-5, 18% going south on 1-5 and the remaining 65% going east on Highway 214. The final 10% will go west on Highway 219. This level of traffic will result in LOS "D" at both ramp terminals and at the Woodland/219 intersection. LOS "D" is an acceptable level of service. This is achieved with no major improvements to the interchange. It is projected that level of service will ipcrease to LOS "C" once improvements to the interchange occur. Based on this study , and the opinion of the traffic engineer, the City concludes that adding this additional land to the industrial land base will not significantly affect a transportation facility, and OAR 660-12-060(1) is not applicable. Page 20 - Findings and Conclusions (Davidson Fanns, Inc.) T .-.--,--,-,--,_.,~,-"---...,.....~,._~>>,-,._---~--~,.-. -- COUNCIL BIll NO. 1635 Exhibit "B", Page 21 of 23 This information confirms prior information received by the City from its own traffic engineering consultants9 who indicated in Technical Memorandum #4 to the Woodburn Transportation System Plan that through the year 2015 in the area west ofI-S, which is the area involved here, that there is sufficient capacity to handle all growth without necessity of any interchange improvements. Additional concerns were expressed about the premature nature of this application as it relates to the siting of the south by-pass location. It is the city's position that this application stands on its merits as an increase in much needed industrial land base for the city, and does not prejudge or otherwise commit the City to a particular choice of any transportation alternative whatsoever, let alone any specific siting location. It is understood that this action will in no way affect the on-going transportation planning process. In order to assure all parties of this fact, the City will place a condition on this approval that prohibits issuance of any building permit on the subject property until after the transportation planning process is completed as to the I- S/Highway 214-219 traffic issues. Goal 13 - En~rgy Conservation - The purpose of this goal is to conserve energy in the state of Oregon. TIlls proposal does not involve the expenditure of any energy resources whatsoever and, therefore, complies with the goal. The subject property is not located on any sources of geothermal or other energy resources so that the utilization of the property for industrial uses would not deprive the citizens of the state of Oregon of any energy resources. Goal 14 - Urbanization - This goal is meant to provide for an orderly and efficient transition from rural to urban land uses. This project complies with this goal. The urbanization goal is directly related to the establishment and changing of urban growth boundaries within the State of Oregon. This proposed use involves changing the Woodburn UGB by adding the subject property to the UGB. This goal requires an analysis of seven "establishment factors" in order to justify the amendment of an UGB. These factor's are generally referred to as the "needs" and "location" factors. 1. There;s a demonstrated need for this change - The demonstrated need for additional industrial land has already been identified, and will not be repeated here. 2. There is a need for employment ODoortunities and livability - This application will retain ~, large industrial tract as a single unit, and will assist in making the entire tract developable for industrial uses. Once industrial uses are in place, jobs and spin-off economics will assist in stabilizing the economy of the area. The secondary effect that this request will bring is increased livability to the citizens of Woodburn. Close to home jobs mean lesser commutes and a better liveability situation. Greater job opportunities mean a greater number of jobs available as 9Kitte1son & Associates, Ine, Page 21 - Findings and Conclusions (Davidson Farms, Inc.) ~ ~".'.' .<.,,-......--.->----.-.^.-.--,...,~..""I~--._. . COUNCIL BILL NO. 1635 Exhibit "B", Page 22 of 23 well as a larger variety of types of jobs. This situation improves the liveability of the community as young families can select Woodburn as their home, and be assured their will always be good quality jobs available there for them to support themselves. 3. This request is an orderly and economic provision for a Dublic facility - The request does not require any public services, as sewer, water, storm drains and a new street are all already in place servicing the subject property. 4. This reauest maximizes the efficiency of land uses within the UGB - One of the primary reasons this request is being made is to increase the amount of industrial land presently inside the Woodburn UGB, and to allow the maximum efficiency from th~ lands that are already inside the boundary. 5. Environmental. Social. Economic & Energy Conseouences - This factor requires the consideration of ESEE consequences of designating the property for urban rather than rural uses. The environmental consequences of designating this property as urban are nonexistent. The site is not within a wildlife habitat area, nor within a flood plain area, nor designated as prime agricultural soils, nor designated as a jurisdictional wetland. There would be some impact to the area during construction of the industrial use, but with the requirements of the zone code for site plan review, buffer and other environmental safeguards will be built in. Socially, the enhancement of the city's industrial land base and the jobs and economic diversity and improvement that would stem from that will be a significant positive impact on the social fabric of the community. 6. Retention of agricultural land - This factor requires a local jurisdiction to consider the retention of agricultural land when changing the UGB. Class I soils are to receive the highest priority of retention and Class VI receiving the lowest priority. The soils on the subject parcel are divided in half, with 50% of the land classified as Dayton soil, Class IVw, and the other 50% classified as Woodburn soils, Class IIw. This proposal involves taking a small, irregular shaped, isolated, non-productive rural parcel and turns it into a highly productive urban parcel. The property has seen limited commercial farming in the past, primarily due to the drainage ditch that bisects the property in half and its triangular shape. From a resource standpoint, this small and relatively unusable "resource" site is much better suited for industrial use than any other parcel because of its unique characteristics. Page 22 - Findings and Conclusions (Davidson Fanns, Inc.) ~ ~ 1 COUNCil Bill NO. 1635 Exhibit "B", Page 23 of 23 7. Comoatibility of oroposed use with nearby rural uses - The compatibility of the propoSt'.d use with the nearby rural uses to the west has already been addressed earlier in the reasons component of this statement and will not be repeated here. Based on these seven factors and considerations, this application satisfies the mandates of Goal 14. Goal 15 - Willamette Greenway - The property lies outside of the Wil1amette River Greenway and, therefore the mandates of this goal do not apply. Goals 16 - 19 - Coastal Goals - The subject property does not contain any estuarine resources, is not on the coastal shorelands, does not contain any beaches or dunes or ocean resources and, therefore the mandates of goals 16 - 19 do not apply. VI. Ultimate Conclusions of Law Based on all of the evidence in this record, none of which was ever contradicted, and the findings of fact; addWonal findings and conclusions rendered herein, the City of Woodburn does hereby conclude that 'as a matter of law the applicant has met its burden of proof on each and every approval criteria, and that the following actions are approved: 1. The UGB of the City of Woodburn is amended to include the 19.6 acres currently owned by the applicant; and 2. The 19.6 acre parcel is hereby annexed to the City of Woodburn; and 3. The 19.6 acre parcel shall be designated for Industrial use in the Woodburn Comprehensive Plan; and 4. The 19.6 acre parcel shall be zoned for Light Industrial (IL) use. Page 23 - Firulings arul Conclusions (Davidson Farms, Inc.) .." ,..-....,.. . ---~-r--'