Full Text
Page - 1 - Council Bill No. 3083 Ordinance No. 2566 COUNCIL BILL NO. 3083 ORDINANCE NO. 2566 AN ORDINANCE DESIGNATING ZONING FOR APPROXIMATELY 150 ACRES OF ANNEXED TERRITORY KNOWN AS HAZEL M. SMITH PROPERTY, LOCATED ADJACENT TO 690 BEN BROWN LANE AND INCLUDING 105 BEN BROWN LANE AND 15198 & 15218 STUBB ROAD, MARION COUNTY, OREGON AS RESIDENTIAL SINGLE FAMILY (RS), NODAL SINGLE FAMILY RESIDENTIAL (RSN), AND NODAL MULTI-FAMILY RESIDENTIAL (RMN) WHEREAS, the subject property is owned by Hazel M. Smith Properties LLC, Don Ivan Mametieff, and Anna Kamis with Stafford Land Company LLC as contract purchaser, and is legally described in Exhibit and mapped in Exhibit which are affixed hereto and by this reference incorporated herein; and WHEREAS, the owner of real property initiated by petition a proposal for annexation (ANX 2017-05); and WHEREAS, because the subject property is already within the Woodburn Urban Growth Boundary (UGB), it has three existing Comprehensive Plan map land use designations of Low Density Residential, Low Density Residential with Nodal Development Overlay, and Medium Density Residential with Nodal Development Overlay; and WHEREAS, the applicant for the purpose of the Smith Creek Development requests that, consistent with Woodburn Development Ordinance (WDO) 5.04.01E., the City designate the annexed territory as Residential Single Family (RS), Nodal Single Family Residential (RSN), and Nodal Multi-Family Residential (RMN) zoning districts; and WHEREAS, RS is one of two zoning districts that are consistent with the Comprehensive Plan per Policy Table 1, the other option being the Retirement Community Single Family Residential (R1S) presently designated only to the Woodburn Estates & Golf developed subdivisions, which are restricted to persons 55 years of age and older; and WHEREAS, RSN and RMN are each the one zoning district that is consistent with the Comprehensive Plan per Policy Table 1; and ---PAGE BREAK--- WHEREAS, RSN and RMN are each the one zoning district that is consistent with the Comprehensive Plan per Policy Table 1 ; and WHEREAS, these zoning designations are contingent upon annexation of the subject property to the City of Woodburn, for which the applicant has petitioned and filed the petition with the City Recorder; and WHEREAS, on October 11 , 2018 the Woodburn Planning Commission considered the annexation application and, after a duly advertised public hearing, recommended approval of the annexation; and WHEREAS, on the specially scheduled date of October 29, 2018, the Woodburn City Council held a public hearing, reviewed the record, heard all public testimony presented on said application, and, upon deliberation, concluded that the proposed annexation meets the applicable approval criteria under City of Woodburn Development Ordinance ( WDO) 5. 04, 01C.; and WHEREAS, the analyses and findings that were Attachment 102 of the October 29 City Council land use staff report mentioned that zoning designation follows annexation, compatibility of the three districts, and applicant acceptance of designations; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Upon the effective date of the annexation enacted by Ordinance 2565 being considered contemporaneously with this request, the Woodburn Zoning Map is amended designating the zoning on the subject property described in Exhibit " A" and mapped in Exhibits " B" and " C" as Residential Single Family ( RS), Nodal Single Family Residential ( RSN), and Nodal Multi- Family Residential ( RMN). Approved as to form: City Attorney Dat 0 Approved: bthz Figley, M y r Passed by the Council L Submitted to the Mayor Page - 2 - Council Bill No. 3083 Ordinance No. 2566 ---PAGE BREAK--- Approved by the Mayor I Filed in the Office of the Recorder ATTEST: Heather Pierson, City Recorder City of Woodburn, Oregon Page - 3 - Council Bill No. 3083 Ordinance No. 2566 ---PAGE BREAK--- Legal Description For: City of Woodburn Property to be annexed A tract of land situated in the southeast one-quarter of Section 12 and all quarters of Section 13, Township 5 South, Range 2 West and the southwest one-quarter of Section 7 and the northwest one-quarter of Section 18, Township 5 South, Range 1 West of the Willamette Meridian, Marion County, Oregon, more particularly described as follows: Beginning at the northeast corner of Parcel 1, Partition Plat 94-110, as platted and recorded in the Marion County Book of Partition Plats, said point being North 2°25'40" East 22.00 feet from the northwest corner of Lot 12 in SMITH'S ADDITION NO. 4, as platted and recorded in Volume 40, Page 15, Book of Town Plats for Marion County, Oregon; and running thence along the existing City of Woodburn City Limits boundary on the following 16 courses: thence South 2°25'40" West 343.17 feet along the west line of said SMITH'S ADDITION NO. 4 to the northwest corner of SMITH'S ADDITION NO. 3, as platted and recorded in Volume 32, Page 49, Book of Town Plats for Marion County, Oregon; thence South 28°15'01" East 262.62 feet along the west line of said SMITH'S ADDITION NO. 3 to an angle point thereof; thence South 16°42'31" West 1288.67 feet along said west line and the west line of SMITH'S ADDITION NO. 2, as platted and recorded in Volume 29, Page 43, Book of Town Plats for Marion County, Oregon to a point on the north line of that property conveyed to the City of Woodburn in that instrument recorded in Reel 2473, Page 338, Marion County Deed Records; thence North 6r28'44" West 262.41 feet along said north line to an angle point thereof; thence North 72°33'09" West 211 .00 feet along said north line of the City of Woodburn property to the northwest corner thereof; thence South 1 r23'29" West 207.41 feet to the most Westerly southwest corner of said City of Woodburn property; thence South 89°37'02" East 211.54 feet along the south line of said City of Woodburn property to an angle point thereof; thence South 6r31 '30" East 581.52 feet along said south line and its Southeasterly extension thereof; thence South 1 r02'17" West 405.87 feet to a point on the north right of way line of Ben Brown Lane; thence North 6r32'20" West 319.48 feet along said north right of way line; thence South 19°01 '35" West 155.15 feet to a point on the northeasterly line of Parcel 2 in the aforementioned Partition Plat 94-11 0; thence North 6r37'02" West 230.97 feet along said northeasterly line to an angle point thereof; thence North 89°28'02" West 831.61 feet along the north line of said Parcel 2 and the north line of Parcel 3 in said Partition Plat 94-110 to the northwest corner of said Parcel 3; 3657 Kashmir Way SE Salem, OR 97317 Phone: [PHONE REDACTED] E-mail: jnfo@barl