Ord. 2586 - Annexation of Weisz Family Properties
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Analyses & Findings
This attachment to the staff report analyzes the application materials and finds through
statements how the application materials relate to and meet applicable provisions such as
criteria, requirements, and standards. They confirm that a given standard is met or if not met,
they call attention to it, suggest a remedy, and have a corresponding recommended condition
of approval. Symbols aid locating and understanding categories of findings:
SymbolCategoryIndication
Requirement (or guideline) met No action needed
Requirement (or guideline) not met Correction needed
Requirement (or guideline) not applicable No action needed
Section references are to the Woodburn Development Ordinance (WDO).
Table of Contents
Location ......................................................................................................................................................... 1
Land Use & Zoning ........................................................................................................................................ 1
Statutory Dates ............................................................................................................................................. 3
Annexation Provisions .................................................................................................................................. 3
Zoning Map Change Provisions ..................................................................................................................... 8
Applicant Identity .......................................................................................................................................... 9
Location
Addresses n/a –none assigned
Tax Lots 052W140000200, 600, & 800
Nearest intersection Parr Rd & Butteville Rd
Land Use & Zoning
Comprehensive Plan Land Use Designation Industrial
Zoning District, Upon Annexation Southwest Industrial Reserve (SWIR)
Overlay Districts SWIR; Interchange Management Area (IMA)
Existing Uses Undeveloped; farmland
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For context, the comprehensive plan land use map designations and zoning areillustrated
below and the zoning is tabulated further below:
Comprehensive Plan Map with
subject properties outlined in
purple.
Zoning Map with subject properties
outlined in purple.
Cardinal DirectionAdjacent Zoning
North East of I-5: Commercial General (CG); Nodal Single-Family Residential (RSN)
West of I-5: SWIR
EastEast of I-5: Nodal Multi-Family Residential (RMN); CG
West of I-5: CG; SWIR
SouthEast of I-5: No City zoning; outside City Limits
West of I-5: No City zoning; outside City Limits
West East of I-5: SWIR
West of I-5: No City zoning; outside City Limits
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Statutory Dates
Application Completeness December 3, 2020
120-Day Final Decision April2, 2021per Oregon Revised Statutes (ORS) 227.178. (The nearest
Deadline and prior regularly scheduled City Council meetingis March 22,2021.)
Annexation Provisions
4.01.07 Consolidated Applications
An applicant may request, in writing, to consolidate applications needed for a single development
project. Under a consolidated review, all applications shall be processed following the procedures
applicable for the highest type decision requested. It is the express policy of the City that
development review not be segmented into discrete parts in a manner that precludes a
comprehensive review of the entire development and its cumulative impacts.
The application package includes “Annexation” and “Official Zoning Map Change, Owner
Initiated”, both of which are Type IV reviews per 5.04. The applicant requested a consolidated
Type IV review for the proposal.
The provision is met.
2.05 Overlay Districts
2.05.02 Interchange Management Area Overlay District
B. Applicability
The provisions of this Section apply to all Type II – V land use applications that propose to allow
development that will generate more than 20 peak hour vehicle trips (based on the latest Institute
of Transportation Engineers Trip Generation Manual) on parcels identified in Table 2.05A. The
provisions of this Section apply to all properties within the boundary of the IMA.
The subject properties arewithin the IMA overlay district and encompass land within subareas
B and D. Annexation is a Type IV application however there is no development proposed
alongside the proposed annexation therefore the provisions are not applicable.
The provisions are not applicable.
2.05.06 Southwest Industrial Reserve
A. Purpose
The Southwest Industrial Reserve (SWIR) is intended to protect suitable industrial sites in Southwest
Woodburn, near Interstate 5, for the exclusive use of targeted industries identified in the
Comprehensive Plan. This broad objective is accomplished by master planning, retention of large
industrial parcels, and restricting non-industrial land uses.
B. Application of the SWIR Zone
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Land designated on the Comprehensive Land Use Plan Map as Southwest Industrial Reserve shall
only be zoned SWIR.
The Comprehensive Plan Map designates the subject properties as within the SWIR. Per Figure
2.04A, the properties encompass land within SWIR Development Subareas B and D. Upon
annexation into City limits, the Zoning Map will be updated to illustrate the subject properties
zoned SWIR.
C. Dimensional Standards:
The following dimensional standards shall be the minimum requirements for all development within
the SWIR zone:
1. Land divisions may only be approved following approval of a master plan, as required in this
ordinance.
2. Lots in a SWIR zone shall comply with the standards of Table 2.04F. For a land division, at least
one lot shall be sized to meet each of the required lot size ranges listed in Table 2.04F for each
site, except that smaller required lots may be combined to create larger required lots.
No land division is included with the proposal.
D. Master Planning Requirement
1. A master development plan shall be approved by the City Council for the entire area designated
SWIR on the Comprehensive Land Use Plan Map, prior to annexation of any property within the
SWIR Comprehensive Plan Map designation. The master plan shall be conceptual and non-binding
in nature, but may be used as a general guide for development within the SWIR.
2. The required master plan shall show:
a. The location and rights-of-way for existing and planned streets, which shall provide access to
all existing and proposed parcels, consistent with the Transportation System Plan;
b. The location and size of existing and planned sanitary sewer, storm water and water facilities,
at adequate levels to serve existing and proposed industrial development;
c. The location and area of the Riparian Corridor and Wetlands Overlay District (RCWOD) as it
affects existing and proposed industrial parcels. Planned streets and public facilities that cannot
reasonably avoid the RCWOD shall be indicated;
d. Parcels consistent with the lot sizes indicated in Table 2.05B;
e. Pedestrian and bicycle connections consistent with the TSP.
A SWIR master plan was adopted by the City Council in 2017 via Resolution No. 2110. This plan
will guide future development review for the subject properties.
E. Removal of the SWIR Zone
Removal of the SWIR zone from any area or parcel shall require the following:
1. A revised Economic Opportunities Analysis and Industrial Site Suitability Analysis, consistent
with the Goal 9 Rule (OAR Chapter 660, Division 9);
2. A new Statewide Planning Goal 2 Exception that explains why other land within or adjacent to
the UGB, that does not require an exception, cannot meet the purported need;
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3. A Comprehensive Plan Amendment that demonstrates compliance with all applicable Statewide
Planning Goals, applicable goals and policies of the Marion County Framework Plan, and
applicable goals and policies of the Comprehensive Plan;
4. A Zoning Map amendment that demonstrates consistency with the Comprehensive Plan.
The applicant is not requesting to remove the SWIR designation forthe subject properties.
The provisions are met.
5.04 Type IV (Quasi-Judicial) Decisions
5.04.01 Annexation
A. Purpose: The purpose of this Type IV review is to provide a procedure to incorporate contiguous
territory into the City in compliance with state requirements, Woodburn Comprehensive Plan, and
Woodburn Development Ordinance.
The subject properties are contiguous with City limits. This staff report reviews the proposal for
compliance with the Woodburn Comprehensive Plan and WDO, both of which were
acknowledged by the state to be in compliance with statewide planning goals.
B. Mandatory Pre-Application Conference: Prior to requesting annexation to the City, a Pre-
Application Conference (Section 4.01.04) is required. This provides the city an opportunity to
understand the proposed annexation and an opportunity to provide information on the likely
impacts, limitations, requirements, approval standards, and other information that may affect the
proposal.
A pre-application meeting for the proposal was held on October 13, 2020 (PRE 2020-23).
C. Criteria:
1. Compliance with applicable Woodburn Comprehensive Plan goals and policies regarding
annexation.
Section G. “Growth Management and Annexation” of the Woodburn Comprehensive Plan
includes Annexation Goal G-2 and Annexation Policies G-2.1, G-2.2, and G-2.3.
The SWIR Master Plan, which was approved via Resolution 2110 in 2017, illustrates the
conceptual layout of public services throughout the SWIR overlay district, which the subject
properties are within. Tables 2.04E & F as well as section 2.05.06 of the WDO include provisions
and standards for retaining large parcels of land for industrial development within the SWIR
overlay district. The annexation criteria of 5.04.01C. also reflect the intent of the annexation
policies in the Comprehensive Plan.
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Because the proposal is consistent with the SWIR Master Plan and WDO criteria for the SWIR
overlay district, it is also consistent with the applicable Woodburn Comprehensive Plan goals
and policiesfor annexations.
2. Territory to be annexed shall be contiguous to the City and shall either:
a. Link to planned public facilities with adequate capacity to serve existing and future
development of the property as indicated by the Woodburn Comprehensive Plan; or
b. Guarantee that public facilities have adequate capacity to serve existing and future
development of the property.
Tax Lot 800 is adjacent to land annexed into City limits in 1992 via Ordinance No. 2095. Tax Lots
200 & 600 are adjacent to land annexed into City limits in 2017 via Ordinance No. 2548.
The application materials include a letterfrom the City Engineer (dated November 4, 2020)
certifying there are no capacity issues with public water and sanitary sewer facilities.The SWIR
Master Plan includes conceptual utility extension plans to serve land within the SWIR overlay
district. These utility extensions would occur at the time of development of the subject
properties.
3. Annexations shall show a demonstrated community need for additional territory and
development based on the following considerations:
a. Lands designated for residential and community uses should demonstrate substantial
conformance to the following:
1) The territory to be annexed should be contiguous to the City on two or more sides;
2) The territory to be annexed should not increase the inventory of buildable land designated
on the Comprehensive Plan as Low or Medium Density Residential within the City to more
than a 5-year supply;
3) The territory proposed for annexation should reflect the City’s goals for directing growth by
using public facility capacity that has been funded by the City’s capital improvement program;
4) The site is feasible for development and provides either:
a) Completion or extension of the arterial/collector street pattern as depicted on the
Woodburn Transportation System Plan; or
b) Connects existing stub streets, or other discontinuous streets, with another public street.
5) Annexed fulfills a substantial unmet community need, that has been identified by the City
Council after a public hearing. Examples of community needs include park space and
conservation of significant natural or historic resources.
The subject properties are within the SWIR overlay district, which is an industrial land
designation. These criteria are not applicable.
b. Lands designated for commercial, industrial and other uses should demonstrate substantial
conformance to the following criteria:
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1) The proposed use of the territory to be annexed shall be for industrial or other uses
providing employment opportunities;
2) The proposed industrial or commercial use of the territory does not require the expansion
of infrastructure, additional service capacity, or incentives that are in excess of the costs
normally borne by the community for development;
3) The proposed industrial or commercial use of the territory provides an economic
opportunity for the City to diversify its economy.
The subject properties are within the SWIR overlay district, whichis an industrial land
designation.No development is proposed alongside the subject annexation. The approved
SWIR Master Plan includes conceptual layouts for public infrastructure within the SWIR overlay
district; this infrastructure would be constructed at private expense on site-by-site basis as
development is proposed. Regarding 3), the applicant’s narrative states on page 39:
“The subject property has significant potential to attract large-scale industrial users
seeking locations with excellent access to Interstate 5, consistent with goals identified in
the July 2016 Woodburn Target Industries Analysis (WTIA) (See Exhibit F). Because such
sites are scarce in the region, annexation will set the stage for significant opportunities
to grow and diversify the City’s economy. This criterion is satisfied.”
Staff concurs.
D. Procedures:
1. An annexation may be initiated by petition based on the written consent of:
a. The owners of more than half of the territory proposed for annexation and more than half of
the resident electors within the territory proposed to be annexed; or
b. One hundred percent of the owners and fifty percent of the electors within the territory
proposed to be annexed; or
c. A lesser number of property owners.
2. If an annexation is initiated by property owners of less than half of property to be annexed,
after holding a public hearing and if the City Council approves the proposed annexation, the City
Council shall call for an election within the territory to be annexed. Otherwise no election on a
proposed annexation is required.
The applicant’s narrative addresses these provisions on page 39:
“This annexation request is submitted by the sole owner of the property, two (2) tracts
containing a combined approximately 74 acres, representing a 100% ownership share.
There is no residence on the subject property and no registered electors.”
E. Zoning Designation for Annexed Property: All land annexed to the City shall be designated
consistent with the Woodburn Comprehensive Plan, unless an application to re-designate the
property is approved as part of the annexation process.
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The Comprehensive Plan designates the subject properties as Industrial and within the SWIR
overlay district. The territory will be assigned to the SWIR zoning district upon annexation.
F. The timing of public improvements is as follows:
1. Street dedication is required upon annexation.
2. Dedication of public utility easements (PUE) is required upon annexation.
3. Street improvements are required upon development.
4. Connection to the sanitary sewer system is required upon development or septic failure.
5. Connection to the public water system is required upon development or well failure.
6. Connection to the public storm drain system is required upon development.
The applicant’s narrative states on page 40:
“… improvements will be required in conjunction with industrial development to meet
projected levels of travel demand. These improvements are specified both by the TSP
and the approved SWIR Master Plan. Street improvements and dedications can be
required by conditions of approval in the Design Review process, to ensure that they are
coordinated with developments. Additionally, right-of-way dedications can then be
completed based on as-built documentation as part of the City’s approval of public
works construction and acceptance of the right-of-way dedications.”
Staff concurs.
The provisions of 5.04.01 aremet.
Zoning Map Change Provisions
5.04.04 Official Zoning Map Change, Owner Initiated
A. Purpose: The purpose of an Owner Initiated Official Zoning Map Change is to provide a procedure
to change the Official Zoning Map, in a manner consistent with the Woodburn Comprehensive Plan.
B. Criteria: The following criteria shall be considered in evaluating an Official Zoning Map Change;
1. Demonstrated need for the proposed use and the other permitted uses within the proposed
zoning designation.
2. Demonstrated need 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.
3. Demonstration that amendments which significantly affect transportation facilities ensure that
allowed land uses are consistent with the function, capacity, and level of service of the facility
identified in the Transportation System Plan. This shall be accomplished by one of the following:
a. Limiting allowed land uses to be consistent with the planned function of the transportation
facility; or
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b. Amending the Transportation System Plan to ensure that existing, improved, or new
transportation facilities are adequate to support the proposed land uses consistent with the
requirement of the Transportation Planning Rule; or,
c. Altering land use designations, densities, or design requirements to reduce demand for
automobile travel and meet travel needs through other modes of transportation.
C. Delineation: Upon approval, a zone change shall be delineated on the Official Zoning Map by the
Director. A zone change subject to specific conditions shall be annotated on the Official Zoning Map
to indicate that such conditions are attached to the designation.
The landowner of the subject properties is requesting annexation into City limits. By its very
nature, annexation of territory results in a change to the City limits boundary and the territory
being annexed must be assigned to one or more zoning districts.
The Comprehensive Plan designates the subject properties as Industrial and within the SWIR
overlay district. The territory will therefore be assigned to the SWIR zoning district and the
Zoning Map will be updated to reflect this.
The SWIR Master Plan, approved by City Council via Resolution No. 2110 in 2017, demonstrates
the purpose of the overlay zone and the need for land within it as well as conceptually
illustrates the layout of public facilities as land is annexed and developed.
The provisions are met.
Applicant Identity
Applicant Peter Skei, Project Manager
Specht Development Co.
Applicant’s Lee Leighton, AICP, Planner IV
Representative Mackenzie
Landowner(s) Weisz Family LLC
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