Res 976 - Reject Amend Zone Ord
COUNCIL BILL NO. 1193
RESOLUTION NO. 976
A RESOLUTION REJECTING A PROPOSAL TO AMEND THE WOODBURN ZONING ORDINANCE
TO INCLUDE TRUCK RELATED SERVICES AS A USE THE IL DISTRICT.
WHEREAS. the Woodburn Planning Commission held a hearing on
December 14, 1989 and reviewed a proposed amendment to the Woodburn Zoning
Ordinance to allow truck related services in the IL (Light Industrial)
District; and
WHEREAS, the Commission recommended approval of truck related
services as a conditional use in the IL District; and
WHEREAS, the City Council held a public hearing on January 8.
1990 and reviewed the Commission's recommendation; and
WHEREAS, testimony was received at the hearing and the Council
considered whether this legislative change should be made in the Woodburn
Zoning Ordinance to allow truck related services; NOW. THEREFORE.
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The Woodburn City Council has carefullY considered
the proposed legislative changes regarding the inclusion of truck related
services in the IL (Light Industrial) District which were proposed by
the Woodburn Planning Commission and are contained in the staff report,
which is attached hereto and by this reference incorporated herein.
Section 2. The City Council. after hearing public testimony and
carefully considering the proposed amendments. finds that the proposed
amendments should be
Approved as to form:
~~Ok?~ 2/7/90
City Attorney , Date
APPROVED:~~)' ~
, tANCv A. ~RKSEY, MAYOR
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
February 12, 1990
February 14, 1990
February 20,1990
February 20, 1990
ATTEST:
(k-<- ,-:;:"~
Mary Te ant. Deputy Recorder
City of Woodburn. Oregon
Page 1
COUNCIL BILL NO. 1193
RESOLUTION NO. 976
..~."..,-" ,"-~.~.........~
STAFF REPORT
ZONING ORDINANCE AMENDMENT CASE #89-05
1) SUMMARY OF REQUEST;
\",
To amend SECTION 35.030 or ~ne Woodburn Zoning OrdinancE,
to include the following use in the IL District (Light
Industrial) :
SECTION 35.030(g). TRUCK RELATED SERVICES.
(3) To amend SECTION 1.580 of the Woodburn Zoning Ordinance:
SECTION 1.530. TRUCK
,;~ motor vehicle desi~ned or used for
con"'v"eying I or moving over h.:gn\";a"ls of this
propert"i article, or thing hao..le a combined
vehicle and maximum load to be carried of more
pDunds~
carroiing I
state any
Height
than 6,000
TL,if--= E..:ec:-rion
'..u uc
amend.ed. as
tallOWS:
SECTION 1.580. TRUCK.
(1) *MOTOR TRUCK for this ordinance means every mo~or
vehicle used or maintained primarily for the
transportation or property and having a gross \>leight
in excess of 10,000 pounds, excluding Recreational
Vehicles, Emergency Governmental Vehicles, up to 1
Ton Pickups, Tow Trucks, Buses and City Franchised
'lehicles.
(2) *TRUCK TRAILER means every vehicle without motive
power which:
(a) Has a combined weight or vehicle and ~a}:lmum
load to be carried thereon of more than 10,000
pounds.
\ Ui Is designated ror carrying property and J..v...
being drawn by a motor vehicle.
(3) TRUCK TRACTOR means any motor vehicle used or
designed for use with a semi-trailer for carryin~,
conveying, or moving over the highways any freight,
property, article or thing, and having a combined
weight of vehicle and maximum load to be carried
thereon of more than 10,000 pounds.
* As adopted by Ordinance #1957
PAGE 1 - ZONING ORDINANCE AMENDMENT CASE #89-05
T"\ ~. ....
......e.....ln.l...lons,
the following section in Chapter
of the Woodburn Zoning Ordinance:
1.
(C)
To include
SECTION 1.585. TRUCK RELATED SERVICES. Must include all
of the following services of maintenance fuel and repair
s(-;r~rices- prco,7ided excjusively for motor trucks, truck
traIlers and truck tractors.
2) STAFF COMMENTS AND FINDINGS:
=t sho~ld be noted that presently truck related services are
~c~ specifically addressed in any Commercial and/or Industrial
District in the Woodburn Zoning Ordinance.
~n general, automobile gas and service stations and garages
a~e allowed in the Commercial Retail (CR), Commercial General
ice}, General Bllsiness (CE), and Interchange (ID) Districts.
':'he Zoning Ordinance does not ma:.::e any allowance for trucl.::
rplated services (fuel, repair and maintenance for trucks);
.:.:-~ L'.A.V'-, lltruck related services II are not even defined in
Chapter 1 (DEFINITIONS) or the ORDINANCE.
The intent
to allo~'l ;:trucl-..::
. . .
re.1ateC1
services II
may be analyzed
trarn
"" -r='.l
..... '<-'-"
different perspectives:
. "
\..i. i
there
ar...::r
....7
need to include these
Zoning Ordinance?
services
to
any
section or the
\ '-I
What land use district seems to be the most "appropriate
to absorb services for trucks?
- . .
manuractur .lng
trucks seem to be
and warehouses and
In general, all services
inherently associated with
provided for
may be regarded or envisioned as a natural link (complimentary
service) between these two uses.
P'. comparative analysis made betNeen "Cne range and type of
commercial and industrial uses a:~owed within the City area,
re~,leals that the maj or concentration ana var iety ...........
1n&nufacturing/processing a~d storage activities is allocated
within the Industrial Districts. This observation limits any
further analysis to the uses included
Indust:rial Districts: ID (Industrial
Industrial) and IH (High TectlDology).
in the
Park:) ,
following
IL (Light
It should be noted that presently, there are only a few uses
alloHed Hithin the IH District, strictly associated ~'lith
office and related electronic products manufacturing and
research services, and, therefore any t:::-uck services don I t:
seem to be compatible with this district.
PAGE 2 - ZONING ORDINANCE AMENDMENT CASE #89-05
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(
In turn. the range and diversity of use (manufacturing!
processing, storage) included to the IL District seem to be
greater than the number and type of uses incorporated into the
IF."' Distr iet.
And, consequently, placing T~UCK RELATED SERVICES
Dis~rict seems to have the lesser impac~ on ~he
WOIeD are allowed within ~his zone compared
industria~ districts.
in the
TT
~~
activities
to other
In short, truck related services (fuel, repair and
maintenance) seem to be more compatible with industrial uses
than with commercial uses; specifically, the Liqht Industrial
Qistrict, with its variety and diversity of permitted uses
creates the most desirable environment to incorporate and
absorb services for trucks.
Since the proposed zoning amendments definition of new uses
anc incorporation of new uses - create a precedence and it is
not entirely compatible, but rather complimentary (serves as
3. link betHeen manufacturing/processing and storing of goods),
~ONDITIONAL USE permit seems to be the only logical process
to ~onsider in order to grant any allowance for TRUCK RELATED
SER\!ICES ';-:1 thin the LIGHT INDUSTRIAL DISTRICT (SEE ATTACHMENT
"A" - WOODBURN ZONING ORDINANCE - CHAPTER 14 - CONDITIONAL
USES)
3) COMPREHENSIVE PLAN POLICIES, GOALS, AND STATEMENTS:
C-1. Page 45
:'It is the policy of the City to prov1oe for developments
that, whenever possible, will allow residents of the City
of ~'Joodburn to work in itJoodburn and not have to seek
e:;:ployment: in o1:her areas.
To accomplish this the
.............:;
shOUld encourage that there be a heal thy JOb mar}~et
within the City and enough industrial land is available
fDr industria': grov.;th ...1..) accommodate the resident:.ial
growth expected in the Ci~y ...11
C-8. Page 46
111ndustrial JanaS should be protected from encroachment
by commercial or other uses which will either increase
the price of indllstrial land or cause traffic generation
irlhich will interfere ~.;ith the normal industrial
practices.
C-9. The industries attracted and encouraged by
locate in Woodburn should generate jobs
upgrade the skills of the local labor pool
the city to
tha t would
"
PAGE 3 - ZONING ORDINANCE AMENDMENT CASE #89-05
(
(
4) CONCLUSIONS:
(I} This proposal remains in harmony with the purpose and
intent of the LIGHT INDUSTRIAL zone.
\.:..,
"'-""';c;,
..l.ll........
proposal
compli2s Hith the
Plan by meeting the
improve the economic
city's adopted
City1s Goals and
di"v"ersity U..L onr
Comprehensive
['olicies to
commun: t~i.
(3) This proposal will not jeopardize the health, safety, and
welfare of citizens residing and/or working in or around
TT
.l.-.i.-'
DISTRICT.
(4) As long as all standards as outlined in Chapter 14
,Condi t lanaI Uses) , Chapter 33 {Industr ia1 Light
District} and Chapter 11 (Site Plan Reviev-;) are
main~ained any conflicts with adjacent properties and/or
zones W~lJ.
De
. .. ~
m~nlm.lZed..
5) RECOMMENDATIONS:
Staff recommends
City Council to amend the text of SECTION 35.030 to include
TRUCK REf,ATED SERVICES, SECTION 1.580 and SECTION 1.585 to
.....':.... -,.....
~_ll<:"... ~_
the Planning Commission recommend to the
define ~~UCK RELAT2D SERVICES.
PAGE 4 - ZONING ORDINANCE AMENDMENT CASE #89-05
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WOODBURN ZONING ORDINANCE
ATTA~HHENr "A
section 14.010. General Concept. A Conditional Use is an
activity which is basically similar to other uses permitted in
the district but due to some of the characteristics of the
Conditional Use, which are not entirely compatible with the
district, such use could not otherwise be permitted in the
district. A public hearing and review of the proposed
Conditional Use by the Planning Commission will insure that the
use will be in consonance with the purpose and intent of the
district.
section 14.020. Application. An application for a Conditional
Use may be filed by the following only:
(a) The owner of the property;
I
(b) A purchaser therof under a duly executed written
contract when he states that he is the contract purchaser on
the application and the seller consents in writing to such
application;
(c) A lessee in possession of the property and the owner
consents in writing to such application;
I
(d) Or the agent for any of the foregoing when duly
authorized in writing by the property owner and the agent.
I
I
The application for a proposed Conditional Use, or to enlarge,
expand, or alter a Conditional Use shall be on a form provided by
the Planning Director and shall contain such information as the
Planning Director feels is necessary for the Planning Commission
to fully aSsess the effect of the Conditional Use on the
surrounding area.
I
I
Section 14.030. Power to Hear and Decide Conditional Uses. The
Planning Commission shall hear and decide only those applications
for Conditional Uses, their expansion or alteration, which are
listed in this Ordinance. The Planning Commission shall decide
whether or not the Conditional Use may be placed in the district
and may impose the conditions listed below, subject to the
restrictions and provisions of this Ordinance.
I
I
Section 14.040.
public hearing
Chapter 7.
Hearings. The Planning Commission shall hold a
on the proposed Conditional Use as prescribed in
I
Section 14.050. Conditional Use and Concurrent Variances.
variances may be processed concurrently and in conjunction with a
Conditional Use application and when so proce~sed vlill not
require an additional public hearing or additional filing fee.
I
I
section 14.060. Conditions. The Planning Commission may
prescribe restrictions or limitations for the proposed
Conditional Use but may not reduce any requirement or standard
specified by this Ordinance as a condition to the use. Any
reduction or change of the requirements of the Ordinance must be
I
CHAPTER 14
CONDITIONAL USES
PAGE 14.2
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ATT"CHHcNT
,
~ ,
WOODBURN ZONING ORDINANCE
considered as varying the Ordinance and must be requested and
viewed as such. The Planning Commission shall impose conditions
only after it has determined that such conditions are necessary
for the public health, safety or general welfare, or to protect
persons working or residing in the area, or the protection of
property or improvements in the area. The Planning Commission
may prescribe such conditions it deems necessary to fulfill the
purpose and intent of this Ordinance.
section 14.070. Findings of the planning Commission. Before
granting a Conditional Use, the Planning Commission shall
determine:
(al That it has the power to grant the Cond i donal Use;
(b) That such Conditional Use, as described by the
applicant, will be in harmony with the purpose and intent of
the district;
(~ That any condition imposed is necessary for the public
health, safety or welfare, or to protect the health or
safety of persons working or residing in the area, or for
the protection of property or improvements in the
ne ighborhood.
section 14.080 Variance procedure APplicable to Conditional ,
Uses. Sections 13.070 through 13.150 of this ordinance relating
to variances shall apply, where applicable, to the granting of
conditional Uses.
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PAGE 14.3