Ord 2116 - Recl Prop Hwy 99E/Wil
COUNCIL BILL NO. 1514
ORDINANCE NO. 2116
AN ORDINANCE RECLASSIFYING CERTAIN PROPERTY LOCATED ON NORTHWEST
CORNER OF STATE HIGHWAY 99E AND WILLIAMS AVENUE FROM RM (MULTI-FAMILY
RESIDENTIAL DISTRICT) TO CG (COMMERCIAL GENERAL DISTRICT) AND DECLARING
AN EMERGENCY.
WHEREAS, the applicant, Pfeifer Construction, submitted application #93-04 for a
zone map amendment in order to rezone a parcel of property located on the north west
corner of State Highway 99E and Williams Avenue, and
WHEREAS, the Planning Commission conducted a public hearing and recommended
the City Council approve said application, and
WHEREAS, the City Council conducted a public hearing and heard testimony
relevant to said application, NOW THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. The subject property is outlined on the attached diagram as Exhibit" A"
and is described as follows:
Marion County Assessor Map 5S, 1W, Section 8 ED, Tax Lots 8500 and 8600.
Section 2. The zone designation of the property described in Section 1 is hereby
reclassified from RM (Multi-Family Residential District) to CG (Commercial General).
Section 3. The zone reclassification is subject to the following condition which the
Council finds reasonable:
Prior to any development, construction, improvement or alteration, on the subject
property, the applicant must obtain site plan approval.
Section 4. Zoning reclassification is based upon the findings of approval contained
in the staff report which is attached hereto as Exhibit "B" and by this reference
incorporated herein.
Section 5. The City Administrator or his designee is hereby directed to conform the
zoning map to the reclassification herein made.
Section 6. This ordinance being necessary for the immediate preservation of the
public peace, health and safety, an emergency is declared to exist and this ordinance shall
take effect immediately upon passage by the Council and approval by the ayor.
APprovedastoform:~r7~~ / 20 CJ+-
City Attorney Date
Page 1 -
COUNCIL BILL NO. 1514
ORDINANCE NO. 2116
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST: ~ ~~
Mary Ilennant, Recorder
City of Woodburn, Oregon
Page 2 -
COUNCIL BILL NO. 1514
ORDINANCE NO. 2116
APPROVED:~ ~~
L n Kelley, May r
January 24, 1994
January 25, 1994
January 26, 1994
January 26, 1994
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STAFF REPORT
ZONE CHANGE # 93-04
APPLICANT:
Pfeifer Construction for
Ashish & Rita Mistry
622 N Water Street
Silverton, OR 97381
II NATURE OF THE APPLICATION:
The applicant is requesting a Zone Map Amendment in order to rezone property
located west of Pacific Highway and north of Williams Avenue from Multi-Family
residential to Commercial General.
III RELEVANT FACTS:
The site is located adjacent to the Plaza Motel which is located at 1025 N Pacific
Highway. The property can be identified specifically on Marion County Assessor
Map 5S,1W, Section 8CD, Tax Lots 8500,8600. The applicant intends to build an
addition of approximately 11 units to the existing motel once the Zone Change takes
place. The Woodburn Comprehensive Plan Map designates this property as
Commercial. Therefore, the applicants's property has already been planned for
commercial development. It is the applicant's desire to now request a Zone Map
Amendment in order to comply with the Comprehensive Plan Map. The applicant
is requesting a Zone Map Amendment only at this time. At such time development
occurs, the applicant will be required to request Site Plan Review approval.
IV RELEVANT APPROVAL CRITERIA:
A. Woodburn Comprehensive Plan
B. Woodburn Zoning Ordinance
Chapter 5 Permits and Enforcement
Chapter 6 Planning Commission
Chapter 7 Public Hearing
Chapter 8 General Standards
Chapter 15 Zone Change Procedures
Chapter 26 RM-Multiple Family
Chapter 28 Commercial Office District
Chapter 30 Commercial General District
A.
Woodburn Comprehensive Plan:
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ExHIBIT "I:;t
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A. Woodburn Comprehensive Plan:
Staff:
The applicant has complied with the Comprehensive Plan by addressing the relevant
approval criteria in the Zoning Ordinance. The subject property is already planned for
commercial development. The applicant is rezoning the property to conform with the
Comprehensive Plan Map.
B. Woodburn Zoning Ordinance
Chapter 15 Zone Change Procedures
Staff:
The applicant has submitted the necessary documents as required to process a Zone
Change. The applicant has provided statements that address the following approval
criteria:
1 . Show that the request is in conformance with the Comprehensive Plan.
Staff: As indicated in this staff report, the subject property is already
planned for commercial development.
2. There is a public need for this change.
Staff: The applicant has addressed this approval criteria adequately. The
public need would be indicated by current market conditions and the
private property owners desire to meet those demands for services.
3. That need is best met by this proposal.
Staff: The applicant has addressed this approval criteria adequately. The
property owner has the property available for development, it is
contiguous to the existing motel, and the property is planned
appropriately for the proposed use.
4. There is no other available and appropriately zoned land in the vicinity.
Staff: There are no other parcels of property available to the property owner.
The proposed parcels are already under their ownership.
5. Petitioner cannot make a reasonable use of the land as it is currently zoned.
Staff: The owners wish to develop their property in conjunction with the
existing motel. Leaving the property zoned for multi-family would not
allow them to make a reasonable use of the property and expand their
motel.
Chapter 30 Commercial General District
Chapter 28 Commercial Offices District
Staff: The subject property will be rezoned to Commercial General. Any
Commercial Office use is allowed in a Commercial General District.
Hotels & Motels are an allowed use. The applicant will be developing
the site with a less intense use than could be allowed.
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V COMMENTS FROM OTHER DEPARTMENTS:
None at this time. Comments will be included when the applicant requests Site Plan
Review approval.
VI CONCLUSION:
The applicant is requesting a Zone Map Amendment. The subject property is
designated for Commercial use. The Zoning Map currently has the property zoned
for Multi-Family. Approval of this request will bring these parcels of land int0
conformance with the City's Comprehensive Plan Map. Once the zone change is
approved, the subject property will be rezoned to Commercial General. The applicant
will be required to submit plans and receive site plan approval before any new
construction or alteration takes place to the Plaza Motel.
VII FINDINGS:
1. The request complies with Comprehensive Plan and Comprehensive Plan
Map.
2. The applicant has submitted sufficient information as required per Chapter 15
Zone Change Procedures.
VIII DECISION:
Based on the findings in this report, staff recommends approval of this application
subject to the following conditions:
1 . The applicant shall request Site Plan Review approval for structures built,
structurally altered, or enlarge.
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