Ord 2384 - ZC 2325 Boones Ferry
COUNCil Bill NO. 2566
ORDINANCE NO. 2384
AN ORDINANCE GRANTING A ZONE CHANGE FROM RS (SINGLE FAMILY
RESIDENTIAL) ZONE TO RM (MEDIUM DENSITY RESIDENTIAL) ZONE ON PROPERTY
lOCATED AT 2325 NORTH BOONES FERRY ROAD; AND DECLARING AN
EMERGENCY.
WHEREAS, the applicant, Tony Kreitzberg, submitted the following
application: Zone Change Application Case File No. 04-04; and
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 and the Woodburn City
Council have reviewed the record pertaining to said application and heard all
public testimony presented on said application; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. That the subject property is owned by Eugene R. Gascho Trust,
Judith A. Gascho Trust Rodney Lee Byers Trust Marcia Kathryn Byers Trust, Willis
A. Byers and Rachel L. Byers and is legally described in Exhibit" A" which is
affixed hereto and by this reference incorporated herein.
Section 2. That Zone Change Application No. 04-04 is granted and the
Woodburn Zoning Map is hereby amended as to the property described in
Exhibit" A" to this Ordinance from RS (Single Family Residential) Zone to RM
(Medium Density Residential) Zone with the restriction to allow only those uses
allowed in the RS (Single Family Residential) District and assisted living facilities
(62331) and nursing care facilities (6231) based upon the Findings in Support
which are affixed hereto as Exhibit "B."
Section 3. This ordinance being necessary for the immediate preservation
of the public peace, health, and safety, because this is a site specific land use
decision that is not subject to a referendum petition, an emergency is declared
to exist and this ordinance shall take effect immediately upon passage by the
Council and approval by the Mayor.
Approved as to form'?), ~46
City Attorney
~.. 23' - 2-00 S
Date
Page 1 - COUNCIL BILL NO. 2566
ORDINANCE NO. 2384
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
March 28, 2005
~1a rch 30, 2005
March 30, 2005
March 30, 2005
ATTEST:
()1~1~*
Mary nnant City Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO. 2566
ORDINANCE NO. 2384
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Ti1Ie Orde' No. 00304024
EXHlBlT ONE
Exhibit "A"
Beginning at a point on the North line of Lot " HENRY'S FARM, as said SubdiVision is platted and recorded in Volume
41, page 46. Book of Town Ptats fOf Marion CountY, Oregon which bear. North 87022'12- West 5.09 feet from the
Northeast corner of said Lot 1 and being situated In the Northwest quarter of Section 7, Township 5 Soum, Rangel
Weflt, W1\1amette Meridian in .aid Coun~ and StIlte: thence North 87022'12. West llIon9 the North line of said Lot
1 and along the North line of Lot 2 of .ald Subd1v'alon, a distance of 123.14 feet: thence South 02037'48. West
12.00 teet; thence North 87022'12. West 28.00 feet: thence North 02037'48. Eest 12.00 feet to tile Northeast
corner of Lot 30f esid Subdivision: tIlence Nonh 87022'12. Weat along the NOf1tIlineof said Lot 3 and1he North line
of Lot 4, a distance of 148.00 feet: thence North 02030'44~ East along the East line of .ald Subdivision, a distance
of 232.87 feet to the most Northerly COfner of Lot 7 of said Subdivision; thence North 02036'12 East along the West
Ilne of that tract of land described In Reet 1140, page 426, Deed Records, a distance of 119.89 feet to the Northwest
corner thereof: thence South 87022'58~ East along the North line of said tract, a distance of 27.48 feet to the
Southwest corner of that tract of land described In Reel 1122, page 429, Deed RecordSi thence North 02016'05~ East
along tile West line of said tract, a distance of 268.77 feet to the South r1ght-of-wlY line of CountrY Club Road; thence
South 87044'58~ Eut ..ana .aid right-of-Way line, a dlatanee of Z 13.94 feet to the Nonhwest corner of that tract of
land desc;ribed In Voluma 640, page 17, Deed Record.: thence South 15044'27. West along the Westflfly I\ne of said
tract. a dlsunce of 173.82 feet to the Southwest comer thflfeof; thence South 87044'58" East along the Southerly
line of said tract, e d1atanGe of 194.88 feet to a point which'S 35.00 feet Westerly of 1I\e centflfllne of Boones Ferry
Road (when.me..ured perpendIcUlar thflfetol. tIlence South 15044'27- West parallel with said centflfllne, a distance
of 101.53 feet; 1hence Southwesterty parallel wltll.ald c..rtertlne a1ong'the arc of. 5784.68 foot radius curve to the
left ( tile chord of which beara South 14034'43- Weat 233.84 feaU a diStlll\ce of 233.88 feet: thence South
13024'69- West parallel with said centerline, a distanCe of 127.42 feet to the point of beginning.
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EXHIBIT "B"
FINDINGS IN SUPPORT
Zone Change 04-04
I. APPLICATION INFORMATION:
Applicant:
Tony Kreitzberg
P.O. Box 749
Salem, OR 97308-0749
Property Owners: Eugene R. Gascho Trust, Judith A. Gascho Trust, Rodney
Lee Byers Trust and Marcia Kathryn Byers Trust
II. NATURE OF APPLICATION:
The applicant proposes to change the zoning map designation of the property
located at 2325 N. Boones Ferry Road from "Single Family Residential" (RS) to
"Medium Density Residential" (RM).
III. RELEVANT FACTS:
The subject property is located south of Country Club Road and west of N.
Boones Ferry Road and is addressed as 2325 N. Boones Ferry Road. It can be
further identified on Marion County Assessor Maps as Township 5 South, Range
1 West, Section 07BA, Tax Lot 900. The subject property (approximately 4.3
acres in size) is zoned Single Family Residential (RS), designated as Residential
Greater Than 12 Units Per Acre on the Woodburn Comprehensive Plan Map and
is the location of two single family dwellings, an accessory structure, two pole
barns and existing trees and shrubs. According to the local wetlands inventory,
there are no wetlands on the subject property. The FEMA flood map shows the
subject parcel to be outside the 500-year floodplain.
The properties surrounding the subject site are zoned RS and designated
Residential Less Than 12 Units Per Acre on the Woodburn Comprehensive Plan.
The properties located to the west of the subject site are the location of a church
and single family dwellings. The properties to the south and east (across N.
Boones Ferry Road) are the location of single family dwellings. The properties
located to the north of the subject property are the location of a Qwest
Communication facility and single family dwellings.
On March 27, 2000 the Woodburn City Council adopted an ordinance annexing
3.32 acres of the subject property into the City of Woodburn (Annexation Case
File No. 99-02), changing the comprehensive plan designation of the entire
subject site from Residential Less Than 12 Units Per Acre to Residential Greater
ZC04-04 .
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Than 12 Units Per Acre (Comprehensive Plan Map Amendment Case File No.
99-02), granting a conditional zone change from City of Woodburn "Single Family
Residential" (RS) to Multiple Family Residential (RM) (Zone Map Amendment
Case File No. 99-06) and approving a site plan review application for 102
assisted living and Alzheimer suites. The applicant states that "...because of the
construction of a competing assisted living facility known as Country Meadows in
2001, the Applicant decided to delay construction of the approved Boones Ferry
Place development..." The site plan review approval expired after one year and
the zoning on the subject property remained the RS zone. The Applicant's
market research indicates that the Country Meadows facility is now close to full
capacity and by the time a new assisted living facility can be completed, there will
be an even greater demand for new assisted living units for housing. The
Applicant wishes to proceed with the original proposed approved assisted living
facility and memory care facility. In order to proceed according to the original
approval. the Applicant needs the subject property to be zoned back from RS to
RM. The applicant states "...in recognition of the City Councilors' concern that
no apartment complex be constructed on the subject property, the Applicant
recommends that the RM zone change be restricted to allow only permitted RS
uses plus assisted living facilities and memory care facilities..."
IV. RELEVANT APPROVAL CRITERIA:
WOODBURN DEVELOPMENT ORDINANCE
Section 5.104.04 Zoning Map Change; Owner Initiated
V. FINDINGS:
Woodburn Development Ordinance
Section 5.104.04 Zoning Map Change; Owner Initiated:
Section 5.104.04.C Criteria.
1. Evidence proving a need for the proposed use and the
other permitted uses within the proposed zoning
designation.
FINDING: The applicant states the following:
"...The proposed change will allow for the construction of an
assisted living facility and memory care facility which will serve to
provide elderly housing for an unmet community need in
Woodburn. There are six assisted living facilities within the
Woodburn area, including Silvercreek Assisted Living, Colonial
Gardens Assisted Living, Cascade Park Retirement, Countryside
Living, Country Meadows and Pacific Living Centers (not yet open).
According to demographic information for 2004, there are
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approximately 2,410 people within a three mile radius of the
Woodburn area over the age of 75. The current open facilities
provide approximately 96 units for independent living, and 174 units
for assisted living, leaving 2,140 senior residents who may need
assisted living suites. The proposed project will provide
approximately 102 additional senior living units. Without the
additional units, there will be an inadequate supply of assisted living
housing in Woodburn, which will restrict the available choices for
residents and result in higher rental rates..."
As the applicant states, and as the population data shows, Woodburn's
elderly population has increased and continues to increase. As a result,
the demand for elderly housing continues to increase, as does the variety
of housing types for the elderly. The applicant's inventory of existing
assisted living units in the City of Woodburn indicates that the demand for
assisted living exceeds the existing supply of assisted living units in the
City of Woodburn. This project will add to the variety of housing types for
the elderly in Woodburn since it will provide additional assisted living and
Alzheimer suites in the City of Woodburn.
To address previous City Council and Planning Commission concerns
regarding the potential for apartments to be constructed on the property,
the RM zone change should be conditioned to allow only uses allowed in
the RS zone plus assisted living facilities and nursing care facilities. This
condition will allow the applicant to construct an assisted living facility, but
will prohibit multi-family dwelling units. This approval criterion is met.
2. Evidence that the subject property best meets the need
relative to other properties in the existing developable
land inventory already designated with the same zone
considering size, location, configuration, visibility and
other significant attributes of the subject property.
FINDING: The applicant states the following:
".. .There are no other four-acre parcels which are available and
suitable for the proposed development within the vicinity of the
proposed site. Most of the large parcels of land zoned for multi-
family residential within the Woodburn city limits have already been
developed. The Applicant has located no other suitable and
available site within the vicinity of the proposed site.
The need for the elderly housing will be best met by the proposed
site for a number of reasons. First, the proposed site is adjacent to
Boones Ferry Road, which is an arterial street served by public
transportation. The Comprehensive Plan states that multi-family
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ZC04-04
land uses should be sited on arterial streets. Second, the proposed
site is in close proximity to an ambulance service, which will greatly
benefit the residents when they are in need of emergency medical
attention. The location is also convenient to churches, businesses
providing commercial services and public City services. The
Applicant has analyzed the available multi-family residential parcels
and has determined that the proposed site best meets the City's
need for elderly housing.
The size and configuration of the 4.3-acre property and its proximity
to a commercial building and church makes its development for
single-family residential homes unattractive and economically
unsuitable. The Applicant is unable to make a reasonable use of
the land as it is presently zoned..."
The City Council concurs with the applicant's response. The most recent
draft of the City of Woodburn Buildable Lands Inventory dated July 2004,
identifies 10 medium-high density residential buildable lots 1-5 acres in
size and 2 medium-high density residential buildable lots 6-10 acres in
size inside the proposed Woodburn Urban Growth Boundary. The subject
site is identified in the draft Buildable Lands Inventory as one of the vacant
medium-high density residential lots 1-5 acres in size. Only two RM
zoned lots within the city limits are larger than the subject property. The
first RM zoned lot (7.4 acres) is located on the east side of Interstate 5,
south of Stacy Allison Way. This lot currently does not have city services
(water, sewer, storm and street) available to it and is almost twice the size
of the subject property. The second RM zoned lot is located south of Judy
Street and west of Highway 99E and is 22.3 acres in size which far
exceeds the size of the subject property. There are no RM zoned lots in
the city limits that are of similar size as the subject property. The subject
site has city services available to it, is adjacent to an access street and
minor arterial street which provide for excellent pedestrian and transit
connectivity and is in close proximity to an ambulance service, which will
benefit the residents when they are in need of emergency medical
attention.
The subject property abuts a church to the west, Qwest Communications
Facility to the north and single family residential lots to the south. An
assisted living and memory care facility would be compatible with the
commercial uses that abut the north and west sides of the subject site.
The proposed zone change from RS to RM is consistent with the
Residential Greater Than 12 Units Per Acre Comprehensive Plan Map
designation on the subject property. The applicant recommends that the
RM zone change be restricted on the subject site to allow only permitted
RS uses plus assisted living facilities and memory care facilities. Single
Family Residential (RS) uses and assisted living facilities and memory
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care facilities would be compatible with the single family residential lots
that abut the south and southwest sides of the subject property. An
apartment complex use on the subject site would not be compatible with
the abutting single family residential uses due to traffic and use conflicts.
Therefore, conditioning the zone change to only allow RS zone uses and
assisted living and nursing care facilities is appropriate. This approval
criterion is met.
VI. CONCLUSION:
Based on the findings contained herein, all relevant approval criteria relating to
approval of the zone change application have been satisfied.
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