An Order finding that property located north of Hwy 99W across from Providence Hospital, Yamhill County tax lot 3216AC-13800, meets the applicable Newberg Development Code criteria to be annexed into the city, and meets the applicable code criteria to change the zoning from County AF-10 to City R-1, R-2, and C-2. 
 
 
Recitals:
 
1.                  On June 7, 2006, Jeffrey D. Smith submitted concurrent applications for an urban growth boundary amendment, comprehensive plan amendment to COM (commercial), annexation, and zoning amendment to C-2 (community commercial) for property located north of Hwy 99W across from Providence Hospital, Yamhill County tax lot 3216AC-13800. 
 
2.                  Due to testimony and deliberations at the NUAMC (Newberg Urban Area Management Commission) meeting on September 21, 2006, the applicant revised his request to consist of a comprehensive plan amendment to include portions of LDR (low density residential), MDR (medium density residential) and COM (commercial), and a zoning amendment to include corresponding portions of R-1 (low density residential), R-2 (medium density residential) and C-2 (community commercial). 
 
3.                  The urban growth boundary amendment and revised comprehensive plan amendment were heard and approved by Newberg City Council on October 16, 2006.
 
4.                  The Newberg Planning Commission heard the annexation and zoning amendment on December 14, 2006, and recommended approval per Resolution No. 2006-227. 
 
5.                  After proper notice, on January 16, 2007, the Newberg City Council held a hearing to consider the annexation and zoning amendment requests. 
 
6.                  The City Council finds that the applicable criteria have been met, and that approval of the application is in the best interests of the community. 
 
The City of Newberg orders as follows:
 
1.                  The City Council finds that the annexation and zoning amendment meet the Newberg Development Code criteria and adopts the findings, which are attached hereto as Exhibit “A” and incorporated herein by reference.
 
2.                  Annexation requires the City Council to adopt an ordinance annexing the property, and requires approval at a public vote. If the annexation is approved through these procedures, then the City orders the following:
 
A.     The zoning of the property described in Exhibit “C” is changed to portions of R-1 (low density residential), R-2 (medium density residential) and C-2 (community commercial) as shown on the map in Exhibit “D.” 
 
3.                  This order is subject to the following:
 
A.     Annexation of this property is contingent upon final official adoption of the urban growth boundary amendment. The effective date of the UGB amendment is contingent upon the final approval and adoption of amendments to the acknowledged Newberg Transportation System Plan as initiated by Resolution 2006-2661 and as shown in the agreement by the parties but subject to any amendment to the agreement as the parties may approve.
 
B.     Upon future development of this property, the development shall contribute its share, based on traffic volume, of the future cost of capacity improvements to the Springbrook Rd/Hwy 99W intersection.
 
C.     A 30 ft building setback along the north property line will be required upon development of the site.
 
D.     A wetland determination is required prior to any development on the site.
 
E.      Future development of the property shall follow best management practices for storm drainage as outlined in the letter from James Bennett to the Yamhill County Board of Commissioners dated 1/30/06. 
 
Ø      Effective Date of this order is the day after the adoption date, which is: January 17, 2007.
Adopted by the City Council of the City of Newberg, Oregon, this 16th day of January, 2007.