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.