CITY OF YAMHILL

ORDINANCE No.    O-462

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

WHEREAS, on August 1, 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 August 1, 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 continue the matter to September 5, 2001 for deliberation; and,  

WHEREAS, on September 5, 2001, the Planning Commission reconvened 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-2) on the subject property; and, 

WHEREAS, on October 24, 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-2):

            Property located within Township 3 South; Range 4 West; Section 04; Tax Lot #2100 and Tax Lot #9400 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                day of                             , 2001.

CITY OF YAMHILL

FIRST READING:                      

SECOND READING:                     

AYES:  ______

NAYS:  ______

By:                                                                  

Charles Mitchell

Mayor

ATTEST:

By:                                                                  

Sandi Wodarczak

City Recorder

            EXHIBIT "A"

CITY COUNCIL FINDINGS

            I. NATURE OF THE APPLICATION

This matter comes before the Yamhill City Council on the application of Charles Mitchell for a Zone Change to establish the Single Family Residential (R-2) on approximately 0.7 acres of land to be annexed into the City of Yamhill.

            II. GENERAL INFORMATION

A.        Location

The subject property is located near the end of 3^rd Street.  There is no property address and the County Assessor map places the property within Township 3 South; Range 4 West; Section 04; Tax Lot #2100 and Tax Lot #9400.  The land subject to the Zone Change request contains portions of both tax lots that were located outside the City limits but within the Urban Growth Boundary.

B.         Site Description and Zoning

The approximate 0.70 acre subject area is vacant and designated "Residential" in the Yamhill Comprehensive Plan.     

C.        Adjacent Zoning and Land Use

Land within the City is located to the west and north and is zoned Single Family Residential (R-2).  

D.        Background Information

The applicant requested approval of the following: (1) Annexation of the approximate 0.70 acre property into the City limits of Yamhill; (2) a Zone Change to establish the R-2 zoning on the newly annexed property; and, (3) in combination with adjacent property currently within the City limits, establish a 10-lot single family Subdivision on 2.32 acres.  The subject of these Findings and Ordinance is limited solely to the proposed Zone Change.

            III. PUBLIC HEARING         

A.        Planning Commission Action

A public hearing was duly held on this application before the Yamhill Planning Commission on August 1, 2001. At the hearing, Zone Change Case No. 01-02 was made a part of the record.  Notice of the hearing was sent to adjacent property owners.  The Commission members indicated their familiarity with the property.  Otherwise,  no Commission member indicated any bias and no objection was raised as to jurisdiction, conflicts of interest, or to evidence or testimony presented at the hearing.  At the conclusion of the hearing, the Planning Commission voted to continue the matter to the September 5, 2001 meeting to deliberate on the matter.

The hearing was reopened on September 5, 2001.  The Commission deliberated on the issue and voted to recommend City Council approval of the Zone Change application. The  Commission found the proposal complied with the applicable decision criteria contained in the Yamhill Municipal Code. In addition, the Commission directed staff to prepare the necessary Order of Recommendation for the Zone Change. 

B.         City Council Action

A public hearing was duly held on this application before the Yamhill City Council on October 24, 2001.  At the hearing, Zone Change Case No. 01-02 was made a part of the record.  Notice of the hearing was sent to adjacent property owners.  The Council members indicated their familiarity with the property.  Otherwise,  no Council member indicated any bias and no objection was raised as to jurisdiction, conflicts of interest, 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 approve the Zone Change application. The  City Council found the proposal complied with the applicable decision criteria contained in the Yamhill Municipal Code.  In addition, the Council directed staff to prepare the necessary Ordinance for the Zone Change. 

            IV. FINDINGS OF FACT-GENERAL

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

A.        The applicant is Charles Mitchell.

B.         The subject property is located near the end of 3^rd Street.  There is no property address and the County Assessor map places the property within Township 3 South; Range 4 West; Section 04; Tax Lot #2100 and Tax Lot #9400.  The land subject to the Zone Change request contains portions of both tax lots that were located outside the City limits but within the Urban Growth Boundary.

C.        The subject area contains approximately 0.70 acres.   

D.        The subject area is vacant.

E.         The subject area is designated "Residential" in the Yamhill Comprehensive Plan.

F.         Land within the City is located to the west and north and is zoned Single Family Residential (R-2).  

G.        The applicant requested approval of the following: (1) Annexation of the approximate 0.70 acre property into the City limits of Yamhill; (2) a Zone Change to establish the R-2 zoning on the newly annexed property; and, (3) in combination with adjacent property currently within the City limits, establish a 10-lot single family Subdivision on 2.32 acres. 

H.        The subject of these Findings and Ordinance is limited solely to the proposed Zone Change.  Prior to the decision on the Zone Change, the City Council voted to approve the annexation of the subject property into the City.  

I.          Approval or denial of this request shall be subject to provisions in Section 10.132, of the Yamhill Municipal Code. 

            V.  APPLICATION SUMMARY

A.        The applicant retains an interest in approximately 2.32 acres of land located at the east end of 2^nd Street and 3^rd Street.  The entire area is located within the City's  Urban Growth Boundary and designated "Residential."  Of this total area, approximately 0.70 acres are located outside the City limits.  The applicant wishes to annex this area into the City and establish the R-2 zone on the newly annexed.  In combination with the remaining land, the applicant intends to construct a 10-lot single family subdivision.

B.         The subject area was originally identified as containing 0.43 acres.  Subsequent information received by City staff increased the subject area to approximately 0.70 acres. 

C.        This application contains three separate requests - annexation, zone change and subdivision. The annexation and zone change requests require hearings before both the Planning Commission and City Council with the Commission providing a recommendation to the Council.  The Commission decision on the subdivision is final unless an appeal is made to the Council. 

D.        The findings and conclusions contained in this Ordinance are limited solely to the Zone Change.  A separate Ordinance will be provided for the Annexation.  The City Council notes that prior to the decision on this Zone Change, the Council voted to annex the subject property.  Therefore, this action is based on the property being located within the City limits. 

E.         The contract City Engineer reviewed the application and submitted comments.  This material is part of the official planning file; a brief summary follows: 

1.         Water - Development must connect to an existing water line on 2^nd Street.  A fire hydrant is required for each cul-de-sac with the location determined by the Fire District. 

2.         Sanitary Sewer - The development will connect to the existing sanitary line in South Balm Street and extend the sanitary line to a stub-out to the property line for Tax Lot 2000 on East 3^rd Street.

3.         Storm Sewer - Storm water will likely be directed to the east.  The applicant will need to coordinate with the adjacent owner for an easement. 

4.         Streets - East 3^rd Street is a Collector street therefore has a right-of-way of sixty feet with a minimum pavement width of thirty-six feet.  It is recommended the applicant provides for one-half street improvement from the cul-de-sac to the intersection at S. Balm Street.  This will include storm lines, catch basins, pavement and base rock with a minimum pavement width of 22-feet.  The Engineer recommended placing the paving on the south side of East 3^rd Street and the paving of four feet past the crown of the street. This will minimize the amount of future saw cutting. East 2^nd Street is a minor street and must be paved to the existing pavement section.

5.         General - A public utility easement will be required along the front of each lot.  All improvements must comply with City of Yamhill Public Works Standards as well as the requirements of applicable state agencies.  The applicant is responsible for submitting necessary engineering drawings and information.

F.         No other contacted agency submitted a written response.  

            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 to be 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.  The Council also recognizes that not all of the criteria are directly applicable to the request.

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: This application was initiated by a private individual purchasing property under contract.  The request is therefore consistent with item "3." 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.

FINDINGS: The Planning Commission previously reviewed the request and provided a recommendation.  The Council hearing is consistent with provisions in this Section.

D.        Section 10.132.030 states a zone change application 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.         Specific decision criteria are found in Section 10.132.040.  This Section states the decision authority 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 section is not directly applicable, as the request does not change a zone but establishes a zone consistent with the Plan designation.  However, it was demonstrated the subsequent development of the site provides additional residential opportunities for the community.  The proposed R-2 zone reflects the current land use pattern within the area and on the remainder of the property.

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

FINDINGS: Provisions for additional residential land were addressed as part of the annexation approval; the purpose here is to simply establish the appropriate zone. Based on the existing zoning pattern on the remainder of the parcel and on adjacent properties, the R-2 zone appears to be the most appropriate.

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 parcel is designated "Residential" within the Comprehensive Plan and is intended to be developed with residential uses.  The proposed residential development is entirely consistent with the Plan's expectations and the proposed R-2 zoning. 

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 0.70 acres.  However, it will be combined with other property to create a subdivision.  The Council finds this total area more than adequate for the proposed use. 

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 subject area (and subsequent development) will be accessed by two stub streets.  This proposal is a logical extension of the existing street layout.   Further extensions are not possible owning to topographic limitations and the location of the Urban Growth Boundary.

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 north and west and is also zoned R-2.  Potential uses on the subject property will therefore be consistent with uses allowed on adjacent City properties. 

F.         The R-2 zone appears appropriate and logical as the zone is consistent with the remainder of the property and the area's zoning pattern. 

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.