ORDINANCE No. O-471

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

WHEREAS, on March 3, 2004, 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 March 3, 2004, the Planning Commission met to consider the proposed action, considered the information provided by City staff, the applicant and the public. The Planning Commission then voted to leave the record open until March 12, 2004 for additional written comments, excluding the applicant and then open until March 19, 2004 to allow only the applicant a rebuttal and that the hearing be continued to April 7, 2004 at 6:30pm for the purpose of receiving and reviewing the additional information and then deliberating on the issue and making a recommendation at that time with regards to the zone change; and,

WHEREAS, on April 7, 2004, the Planning Commission hearing was reopened. There was no written public testimony received, written testimony was received on the applicants behalf from their planner and entered into the record. The Commission deliberated on the issue and voted to recommend City Council approval of the Zone Change application and establish a Limited Use Overlay Zone on the subject property, limiting permitted uses within the proposed subdivision to the placement of detached single family homes on individual lots, and associated accessory uses, found in Section 10.16.020(A) to (F); and,

WHEREAS, on May 12, 2004 the City Council met to consider the proposed action, considered the information provided by City staff, and, the recommendation of the Planning Commission, and upon deliberation voted to continue the matter to May 26, 2004 for deliberation; and,

WHEREAS, on May 26, 2004, the City Council reconvened 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 re-zoned to R-2 Single Family Residential:

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. The City of Yamhill Council does hereby establish a Limited Use Overlay Zone on the subject property, limiting permitted uses within the proposed subdivision to the placement of detached single family homes on individual lots, and associated accessory uses, found in Section 10.16.020(A) to (F).

Section 4. 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 , 2004.

FIRST READING: May 23, 2004 CITY OF YAMHILL, OREGON

SECOND READING: May 23, 2004

By:
Randy Murphy
Mayor, City of Yamhill

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 Steve and Theresa Dumdi for a Zone Change from R-1 Single Family Residential to R-2 Single Family Residential on approximately 12.34 acres of land .

II. GENERAL INFORMATION

A. Location

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

B. Site Description and Zoning

The subject area is 12.34 acres. The property contains a single family home, barn and out-buildings. The property is served by the West Yamhill Water District and includes an on-site sanitary septic system The land is designated AResidential@ in the City of Yamhill Comprehensive Plan and currently zoned R-1 Single Family Residential Zone.

C. Adjacent Zoning and Land Use

Land to the east and north are currently zoned R-3. All remaining adjacent land is located in Yamhill County.

D. Background Information

The applicant requested approval of the following: (1) A Zone Change establishing the R-2 zone on the property; and, (2) approval to establish a 51-lot single family subdivision on the entire 12.34 acre property. 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 March 3, 2004. At the hearing, Zone Change Case No. 04-0031 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 April 7, 2004 meeting, leaving the record open for 7 days to allow for additional written testimony and then allowing the applicant 7 days to present final written testimony.

The hearing was reopened on April 7, 2004. There was no written public testimony received, written testimony was received on the applicants behalf from their planner and entered into the record. The Commission deliberated on the issue and voted to recommend City Council approval of the Zone Change application and establish a Limited Use Overlay Zone on the subject property, limiting permitted uses within the proposed subdivision to the placement of detached single family homes on individual lots, and associated accessory uses, found in Section 10.16.020(A) to (F). 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 May 12, 2004. At the hearing, Zone Change Case No. 04-003 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 voted to continue the matter to the May 26, 2004 meeting to deliberate on the matter.

The hearing was reopened May 26, 2004. The Council deliberated on the issue and voted to approve the Zone Change application and to establish the Limited Use Overlay Zone on the subject property, limiting permitted uses within the proposed subdivision to the placement of detached single family homes on individual lots, and associated accessory uses, found in Section 10.16.020(A) to (F). 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 Steve and Theresa Dumdi..

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

C. The subject area contains approximately 12.34 acres.

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

E. The subject land is designated AResidential@ in the City of Yamhill Comprehensive Plan and currently zoned Single Family Residential (R-1) Zone.

F. Land within the City is located to the west and north and is zoned Two Family Residential (R-3).

G. The applicant requested approval of the following: (1) A Zone Change to the R-2 zone; and, (2) to establish a 51-lot single family Subdivision on 12.34 acres.

The subject of these Findings and Ordinance is limited solely to the proposed Zone Change request.

I. Approval or denial of this request shall be subject to provisions in Title 10 of the Yamhill Municipal Code.

V. APPLICATION SUMMARY

A. The subject area contains 12.34 acres and is located on the south side of Moores Valley Road. Rowland Creek runs along the eastern portion of the site. This property was recently annexed to the City and the R-1 zone established. Within this zone, the minimum lot size is 8,000 square feet for a single family home. The applicants wish to rezone the property to R-2 Single Family Residential. The two zones are similar; however, the R-2 zone permits a reduction in the minimum lot size to 7,000 square feet for a single family home.

B. In conjunction with the zone change, the applicants wish to construct a 51-lot single family subdivision. The subdivision will feature the following:

1. Lots will range in size from 7,000 square feet to more than 12,000 square feet. The existing home will remain with Lot 19. The remaining accessory buildings will be removed.

2. There will be three north-south streets serving the property. One street is located to the east of Rowland Creek, the other two on the west side.

3. The streets are laid out in a grid pattern and designed to provide future connections to the south.

4. Rowland Creek will be designated as a separate tract (Tract AA@).

5. Public water and sewer will serve all lots. This will require a disconnection from the current West Yamhill Water District system and connection to City water.

C The Public Works Director and City Engineer reviewed the proposal. Based on two separate meetings with the applicant, the property can be served by public facilities. The City retains sufficient capacity to provide sewer and water services. No other contacted agency responded at the time of this report

D. The application contained two separate requests: a Zone Change and Subdivision. The Zone Change request requires hearings before both the Planning Commission and City Council with the Commission providing only a recommendation to the Council. The Commission decision on the Subdivision is final unless an appeal is made to the Council

E. The Commission approved the subdivision application, subject to Council approval of the Zone Change. No appeal was filed and that decision is now final. The Commission recommended Council approval of the Zone Change. This exhibit is limited to the findings and conclusions addressing the proposed Zone Change.

VI. CRITERIA AND FINDINGS

A. The Zone Change criteria are found in Section 10.132. Specific decision criteria are found in Section 10.132.040. This Section 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 zone change is somewhat unusual in that it does not achieve the intent and purpose of most zone changes. Currently, under the R-1 zone, the subject property could be developed with up to 57 lots. This assumes 15% of the site is devoted to streets and each lot contains at least 8,000 square feet of area.

However, this parcel contains a significant natural feature. To maintain the relative density permitted by the R-1 zone, the applicant must establish smaller lots. This can be established through a zone change. Ultimately, the request permits smaller lots while retaining the effective density of the R-1 zone. This is demonstrated by the subdivision layout which features 51 single family lots, less than the maximum allowed by the zone. In addition, the layout retains the property=s natural feature.

When the R-1 zone was established on the subject property, findings were created demonstrating the need to provide additional housing at R-1 zone densities. Although this request does change the zone, it does not change the relative density that was anticipated when the R-1 zone was established.

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 original annexation approval on this parcel. In effect, the zone change does not alter the density of the R-1 zone and therefore does not change the anticipated residential demand on this property.

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 land is designated for AResidential@ uses. The proposed zone is entirely consistent with the Plan designation. Adequate public facilities are available to serve the property and the zone change does not increase the density and resultant impact on Moores Valley Road. Remaining applicable policies relate to the housing element of the Comprehensive Plan. There are two general policies that apply in this case:

! 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.

During the course of the annexation and original zone change decisions, the City found it was necessary to provide additional single-family housing opportunities allowed by the R-1 zone. While the proposed R-2 zone could establish a higher density, the actual development would be entirely consistent with the expected residential density of the R-1 zone. Therefore, this action is consistent with Policy #1. Preliminary information indicates adequate public services are available to serve the site, which complies with the provisions in Policy #4. Specific issues regarding these services will be reviewed as part of the subdivision development.

It was noted that the Comprehensive Plan identified a need of 30.1 acres of R-1 zoned land within the planning period. This request would alter that demand by reducing the amount of R-1 zoned land and increasing the amount of R-2 land. This acreage estimation was based partially on assumed densities: fewer homes were anticipated in the R-1 zone and more in the R-2 zone. While the total R-1 zone acreage would decline, the zone change would not alter the expected level of development on the property.

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: Based on the submitted site plan, the property is more than adequate to accommodate residential development at a density consistent with the R-1 (and R-2) zones.

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 property (and subsequent development) is accessed by a designated collector street. This has adequate capacity to serve the development. Again, the zone change will not increase the traffic resulting from anticipated development under the current zoning.

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: Potential uses on the subject property will be consistent with uses allowed on adjacent City properties and will not increase the potential density on the property. The actual development is entirely consistent with the anticipated development as R-1 zoned property.

C. This is an unusual request. In spite of the zone change to R-2, the resultant development will be similar in density to an R-1 zone subdivision. In many respects, this action has no net effect on the property. Impacts to the local streets, facility systems and the like will be similar. This action permits efficient use of the property at a density consistent with the current zoning while simultaneously preserving the property=s natural feature.

D. The central point of concern was the relationship between the development and Rowland Creek; specifically, how could the natural features of the Creek be best preserved? The Municipal Code requires the drainage capacity and function of the Creek to be maintained. This can be accomplished either through outright ownership of the Creek area by the City; the use of a preserved tract owned and maintained by a home owner=s association; or, the creation of a conservation easement within the subdivision.

E. In this case, the applicant selected the use of a separate tract to preserve the Creek and requested a reduction in the lot size through a zone change to maintain the density. It was noted during testimony (and on the submitted material) that the 8,000 square foot minimum lot size of the R-1 zone could be met. This was possible if the land along the Rowland Creek were Aattached@ to the adjacent lots. The Creek=s features would be maintained through a conservation easement which would prohibit physical development within the Creek area. However, it would likely be difficult to prevent other uses such as the dumping of grass clippings or yard debris. An easement limits enjoyment of the natural area to the adjacent home owners, prohibiting its use by other residents in the development. Finally, if the City wishes to develop the area as a part of a trail or recreation area, the City would need to purchase the land or the right to use the land. This is not only costly but would effectively create smaller lots if the City sought the fee title to the property.

F. It is appropriate to recognize the critical nature of Rowland Creek. While lots are smaller, they do range in size from 7,000 square feet to more than 12,000 square feet in area, with an average size of 7,674 square feet. Therefore, the zone change allows development at a density no greater than would otherwise be permitted in the R-1 zone while preserving the natural area as a separate tract. This tract can then be purchased or developed independently at some future date.

G. The R-1 and R-2 zones are nearly identical. However, manufactured home parks are allowed in the R-2 zone, a use which may have a significant impact on the area. The City has the authority through the Limited Use Overlay zone to limit permitted uses on property subject to a zone change. The Council believes this limitation is appropriate to ensure the property is essentially developed as proposed. The specific criteria to allow placement of the zone are found in Section 10.44.030 and are reviewed below:

1. Section 10.44.030(A) - No zone has a list of permitted uses where all uses would be allowed.

FINDINGS: The R-1 and R-2 zone allow subdivisions and based on the zone change proposal, there will be no change in the underlying density. However, the R-2 zone also allows manufactured home parks which may create a higher density than allowed under R-1 zone provisions. Therefore, the uses must be limited to be consistent with the R-1 zone.

2. Section 10.44.030(B) - The proposed zone is the best suited to accommodate the desired uses.

FINDINGS: As noted, the R-2 zone would permit development at residential densities consistent with the R-1 zone provided there is a restriction on the permitted uses.

3. Section 10.44.030(C) - It is necessary to limit uses permitted in the proposed zone.

FINDINGS: The R-2 zone allows other uses, such as manufactured home parks, that would not be consistent with the basis supporting the zone change request. This limitation is therefore necessary.

4. Section 10.44.030(D) - The maximum number of acceptable uses in the zone are identified and permitted.

FINDINGS: The Council believes it appropriate to limit the allowed uses to the proposed single family detached homes and applicable accessory uses found in Section 10.16.020(A) - (F). This will ensure the property will be developed in a manner consistent with the intent of the zone change request.

H. In summary, the zone change complies with the decision criteria. The one concern is the types of uses allowed in the R-2 zone. However, provided the Limited Use Overlay is applied, the subdivision development should not destabilize the land use pattern.

VII. CONCLUSION

The City Council finds the proposed Zone Change to Single Family Residential (R-2) complies with the applicable decision criteria.

EXHIBIT A
Legal Description

Beginning at the northeast corner of that certain parcel conveyed by Hugh T. Smith and Evelyn D. Smith to the Yamhill Christian Church by deed recorded at Film Volume 19 at Page 329, said point being South 891 55' East 8.925 chains and North 7.713 chains from the Northwest corner of the J. B. Rowland Claim; thence North, following the West Boundary Line of the City of Yamhill, to the Northerly margin of County Market Road No. 14; thence North 891 16' West, following the Northerly margin of County Market Road No.14, a distance of 1,140 feet to a point on such northerly margin: thence South 0011 151 West to the center line of County Market Road No.14; thence continuing South 001 15' West, 520 feet to a point; thence South 891 16' East 1,140 feet to a point on the West Boundary Line of the City of Yamhill; thence North following said Boundary Line of the City 550 feet, more or less, to the point of beginning.

Save and except the following; Beginning at the Point of Beginning of the above described tract; thence South 30 feet to the South line of Market Road #14; thence South 218 feet; thence West 40 feet; thence North 218 feet ot the South line of Market Road #14; thence East following said South line 40 feet to the Point of Beginning.