ORDINANCE No. 0-457

AN ORDINANCE AMENDING THE YAMHILL ZONING MAP, AND DECLARING AN EMERGENCY.

WHEREAS, on January 3, 2001, the Planning Commission conducted a public hearing regarding a Zone Change, at which time the public was given a full opportunity to be present and heard on the matter; and

WHEREAS, on January 3, 2001, the Planning Commission met to consider the proposed action, considered the information provided by City staff, the applicant and the public, and, upon deliberation voted to recommend the City Council approve a Zone Change to establish the Single Family Residential Zone (R-1) on the subject property; and,

WHEREAS, on April 11, 2001, the City Council met to consider the proposed action, considered the information provided by City staff, and, the recommendation of the Planning Commission. NOW, THEREFORE,

THE CITY OF YAMHILL ORDAINS AS FOLLOWS:

Section 1. The City Yamhill Council does hereby adopt those certain findings of fact and supporting documentation attached hereto as Exhibit "A" and by this reference made a part hereof.

Section 2. The City of Yamhill Council does hereby amend the Zoning Map of the City of Yamhill, Oregon. The following properties shall be zoned Single Family Residential (R-1):

· Township 3 South; Range 4 West; Section 04; Tax Lots #1100 and a portion located in Township 3 South; Range 3 West; Section 04; Tax Lot #1000 as identified in Exhibit "B."

Section 3. This ordinance being necessary for the immediate preservation of the public peace, health and safety of the City of Yamhill, an emergency is declared to exist and this Ordinance shall be in full force and take effect immediately upon its passage.

INTRODUCED AND ADOPTED by the City of Yamhill Council and signed by me in authentication of its passage this 23rd day of May , 2001.

EXHIBIT "A"

CITY COUNCIL FINDINGS

I. NATURE OF THE APPLICATION

This matter comes before the Yamhill City Council on the application of the City of Yamhill (for property owned by Steve and Theresa Dumdi) for a Zone Change to establish a residential zone on approximately 13.0 acres of newly annexed property.

II. GENERAL INFORMATION

A. Site Location

The property is located on the south side of Moores Valley Road at the western City limits. The property includes land located within Township 3 South; Range 4 West; Section 04; Tax Lots #1100 and a portion located in Township 3 South; Range 3 West; Section 04; Tax Lot #1000.

B. Site Development and Zoning

The approximate 13.0-acre site contains a single family home, barn, out-building and three silos. The property is served by the West Yamhill Water District and includes an on-site sanitary septic system. The parcel is designated AResidential@ in the City of Yamhill Comprehensive Plan and currently zoned Exclusive Farm Use - 80 Acre (EFU-80) by Yamhill County.

C. Adjacent Zoning

Land within the City is located to the east and currently zoned Two-Family Residential (R-3). All remaining adjacent land is located in Yamhill County.

D. Proposal

This property was recently annexed into the City. An application is now before the City to establish the appropriate residential zone on the property.

III. PUBLIC HEARING

A. Planning Commission Action

A public hearing was duly held on this application before the Yamhill Planning Commission on January 3, 2001. At the hearing, Zone Change Case No. 00-01 was made a part of the record. Notice of the hearing was provided pursuant to Section 10.128 of the Yamhill Municipal Code. The Commission did not declare ex-parte contacts or bias and no objection were raised as to jurisdiction or to evidence or testimony presented at the hearing.

At the conclusion of the hearing, the Planning Commission deliberated on the issue and voted to recommend City Council approval of the establishment of the ASingle Family Residential (R-1) Zone@ on the subject property. The Planning Commission found the request to be consistent with the decision criteria contained in the Yamhill Municipal Code as supported by the findings contained in this Order.

B. City Council Action

A public hearing was duly held on this application before the Yamhill City Council on April 11, 2001. At the hearing, Zone Change Case No. 00-01 was made a part of the record. Notice of the hearing was provided pursuant to Section 10.128 of the Yamhill Municipal Code. The City Council did not declare ex parte contacts or bias and no objection were raised as to jurisdiction or to evidence or testimony presented at the hearing.

At the conclusion of the hearing, the City Council deliberated on the issue and voted to accept the Planning Commission recommendation and approve the establishment of the ASingle Family Residential (R-1) Zone@ on the subject property. The City Council found the request to be consistent with the decision criteria contained in the Yamhill Municipal Code as supported by the findings contained in this Order.

IV. FINDINGS OF FACT-GENERAL

The Yamhill City Council, after consideration of the testimony and evidence in the record, adopts the following General Findings of Fact:

A. The applicant is the City of Yamhill (for property owned by Steve and Theresa Dumdi).

B. The property is located on the south side of Moores Valley Road at the western City limits. The property includes land located within Township 3 South; Range 4 West; Section 04; Tax Lots #1100 and a portion of land located in Township 3 South; Range 3 West; Section 04; Tax Lot #1000.

C. The property contains approximately 13.0 acres.

D. The property contains a single family home, barn, out-building and three silos. The property is served by the West Yamhill Water District and includes an on-site sanitary septic system.

E. The land is designated AResidential@ in the City of Yamhill Comprehensive Plan and currently zoned Exclusive Farm Use - 80 Acre (EFU-80) by Yamhill County.

F. Land within the City is located to the east and currently zoned Two-Family Residential (R-3). All remaining adjacent land is located in Yamhill County.

G. This property was recently annexed into the City. An application is now before the City to establish the appropriate residential zone on the property.

H. Approval or denial of this request shall be based on decision criteria contained in Section 10.132 of the Yamhill Municipal Code.

V. APPLICATION SUMMARY

A. The City recently annexed the subject property (Annexation Case No. 99-01). Pursuant to Section 13.04.120, of the Yamhill Municipal Code, the City is responsible for establishing the appropriate zone on newly annexed property. The purpose of this application is to establish the appropriate zoning on the property. There is no concurrent development proposal; actual development will require separate hearings before the Planning Commission.

B. The property is designated AResidential@ in the City Comprehensive Plan. The zones that correspond with this Plan designation are briefly described below:

1. Single Family Residential (R-1) Zone (Section 10.12.) - The R-1 zone permits single-family homes and accessory uses. The City may also approve certain other uses, such as duplexes, which are compatible with single-family homes. The minimum lot size is 8,000 square feet for a single family home and 9,000 square feet for a duplex.

1. Single Family Residential (R-2) Zone (Section 10.16.) - The R-2 zone permits single-family homes and accessory uses and also provides for duplexes located on corner lots. The City may approve other compatible uses. The minimum lot size is 8,000 square feet for a single family homes and duplexes.

2. Two Family Residential (R-3) Zone (Section 10.20.) - The R-3 zone allows both single family homes and duplexes as well as multi-family dwellings through the site design review process. In general, the minimum lot size is 6,000 square feet for a single-family home with an additional 2,000 square feet for each additional unit.

VI. CRITERIA AND FINDINGS - ZONE CHANGE

A. The Zone Change criteria are found in Section 10.132. This situation is somewhat different from most zone change applications in that the request is not to change the existing zoning, but instead to establish a zone on land recently annexed to the City. While the Municipal Code does not provide specific criteria on how this is accomplished, the Council finds the criteria in Section 10.132 are the most applicable to this situation.

B. Section 10.132.010 states a zone change may be initiated in any of the following manners:

1. A zone change may be initiated by resolution by the City Council.

2. A zone change may be initiated by recommendations by the Planning Commission. After the public hearing, the Planning Commission shall refer its recommendation to the City Council.

3. A zone change may be initiated by petition by property owners or by persons purchasing property under contract.

FINDINGS: The City is required to establish the appropriate zone for newly annexed property. In this case, the City Council directed the Planning Commission to begin proceedings on this matter. The request is therefore consistent with item A1.@ above.

C. Section 10.132.020 states the Planning Commission shall conduct a public hearing for a proposed zone change and shall submit a recommendation to the City Council. The City Council shall then conduct a public hearing on the proposed zone change. If the decision of the Council is contrary to the Planning Commission's decision, the Council shall refer the proposal back to the Planning Commission for further review. The Commission and Council must make written findings of its decision, and if the Council approves the zone change, such action shall be confirmed by resolution.

FINDINGS: The Commission hearing and subsequent City Council hearing is consistent with provisions in this Section.

D. Section 10.132.030 states an application for a zone change shall be filed in accordance with the provisions of Chapter 10.128 of this Title.

FINDINGS: Findings were presented at the hearing indicating the application file complies with this Section.

E. Section 10.132.040 states the Planning Commission shall analyze the following points and, in a written form, incorporate such findings in its decision.

1. Section 10.132.040(A) - That there is a public need for the change of zone.

FINDINGS: This property was recently annexed to the City. This prior action effectively demonstrated the need to bring the property within the City limits for the purpose of providing additional residential land. The sole purpose of this application is to establish the appropriate zone.

Testimony provided at the public hearing indicated a lack of sufficient R-1 zoned land. Existing R-1 zoned land is located to the south of Third Street. However, a significant portion of this land is located within the identified 100-year flood plain that effectively restricts development. This limitation is not as acute in the R-2 and R-3 zones. The Council concludes an identified need would be met through the establishment of the R-1 zone.

2. Section 10.132.040(B) - That there is an inadequacy of other comparatively zoned property to satisfy the public need.

FINDINGS: The Council finds the need to provide additional residential land was met as part of the annexation approval. As previously noted, there is an inadequate amount of developable R-1 zoned land due to its location within the 100-year flood plain. Establishment of the R-1 zone would meet this need.

3. Section 10.132.040(C) - That the change of zone is in conformance with the Comprehensive Plan, this Title, and any applicable street and highway plans.

FINDINGS: The annexation approval effectively addressed public facility and transportation issues related to the property.

Remaining applicable policies relate to the housing element of the Comprehensive Plan. The following two policies generally apply:

! Policy #1 - An opportunity for a mixture of housing types and densities to occur shall be provided throughout the city.

! Policy #4 - New developments shall be permitted only when all urban services become available. These services shall include: public water and sewers, electric power, solid waste collection, streets, parks and schools, and adequate police and fire protection.

Previous findings found it necessary to provide additional single-family housing opportunities provided by the R-1 zone. Therefore, this action is consistent with Policy #1. The issues raised by Policy #4 were partially addressed at the annexation hearing. Specific issues regarding these services will be reviewed as such time the land is actually developed.

4. Section 10.132.040(D) - That the proposed property is adequate in size and shape to facilitate those uses allowed in the proposed zone.

FINDINGS: The parcel contains approximately 13.0 acres. There is more than sufficient area to develop the property for uses allowed in the zone.

5. Section 10.132.040(E) - That the proposed property is properly related to streets and highways to adequately serve the type of traffic that will be generated by the uses in the proposed zone.

FINDINGS: The property has approximately 900 feet of frontage along Moores Valley Road. There is sufficient street frontage to provide access to this site. In addition, the road is identified as a collector street in the Comprehensive Plan and is ultimately designed to carry higher loads of traffic.

6. Section 10.132.040(F) - That the proposed change of zone will have no adverse effect on abutting property or the permitted uses thereof.

FINDINGS: Adjacent land within the City is located to the east and is zoned R-3. Zoned R-1, potential uses on the subject property will be less intensive than uses allowed on adjacent properties located within the City.

H. Neither the Comprehensive Plan nor Municipal Code provides policies or criteria for establishing zones on newly annexed property. The subject land is designated AResidential@ and may permit one of three zones. The Council finds there are limited amounts of developable R-1 zoned land due to the existence of the 100-year flood boundary. Establishment of the R-1 zone would provide additional land to meet this need.

VII. CONCLUSION

The City Council concludes the proposal to amend the Yamhill Zoning Map is consistent with the decision criteria contained in the Yamhill Municipal Ordinance, Title 10.