An Order finding that property located at 2216, 2304, 2305, 2313, 2317 N. Alice Way & 2004 E. Mountainview Drive, Yamhill County tax lots 3217BA-100, 200, 500, 600, 700, 800, meets the applicable Newberg Development Code criteria to be annexed into the city, and meets the applicable code criteria to change the current comprehensive plan designation of IND (industrial) to MDR (medium density residential),  and zoning designation from County VLDR-1 to City  R-2, with a SC (stream corridor) overlay on the western parcels  

 

 

 

Recitals:

 

1.                  On September 5, 2006 the Newberg City Council initiated the annexation application for properties located at  2216, 2304, 2305, 2313,

2317 N. Alice Way

& 2004 E. Mountainview Drive (Yamhill County tax lots 3217BA-100, 200, 500, 600, 700, 800) by approving Ordinance 2006-2656, which created the Alice Way LID. These six properties are an “island” of county land within the city and contain existing single family homes. Several of the properties have water and sewer problems, which will be remedied by the LID. All of the property owners consented to annexation as part of the LID approval. There is a temporary “hardship” conditional use permit for a dwelling unit on two of the properties.

 

2.                  The properties currently have a City Comprehensive Plan designation of Industrial (IND), with a Stream Corridor (SC) overlay on the western properties. If the land was annexed with an industrial zone then the existing houses would become non-conforming uses and would have to be removed within 1 to 10 years (timeline would be set by the City Council). The comprehensive plan change from Industrial to Medium Density Residential is necessary in order to allow the owners to keep living on the site after annexation, and to provide some ability to redevelop the properties to City standards in the future. This does not represent a significant loss of industrial land since the parcels are small, are already developed with single family homes, and the western parcels have some stream corridor slopes.

 

3.                  The request is for annexation of six parcels (approximately 3.55 acres) into the City of Newberg, as well as a comprehensive plan change to Medium Density Residential and corresponding zone change to R-2 upon annexation. The three parcels west of

Alice Way

have a Stream Corridor overlay on their western edge

 

4.                  The Newberg Planning Commission heard the annexation and comprehensive plan amendment/zoning amendment on January 10, 2008 and recommended approval per Resolution 2007-246.

 

5.         After proper notice, on February 19, 2008, the Newberg City Council held a hearing to consider the annexation and comprehensive plan amendment/zoning amendment requests.

 

6.         The City Council finds that the requirements of the City of Newberg Comprehensive Plan and Newberg Development Code regarding comprehensive plan and zoning map amendments have been met, and that the applicable criteria for annexation have been met.

 

 

The City of Newberg orders as follows:

 

1.                  The City Council finds that the annexation, comprehensive plan map amendment, and zoning map amendment meet the Newberg Comprehensive Plan and Newberg Development Code criteria.

 

2.                  The City Council adopts the findings, which are attached hereto as Exhibit A and incorporated herein by reference.

 

3.         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 property shown in Exhibit B and described in Exhibit C is changed from 
   IND (Industrial) to MDR (Medium Density Residential) comprehensive plan
   designation.

 

       B.         The zoning of the property described in Exhibit C is changed to R-2 (medium 
                  density residential) with a SC (stream corridor) overlay on the western parcels
                  as shown on the map in Exhibit D.

 

4.         This order is subject to the following:

 

       A.        Require the property owner of tax lots 3217BA-600 and 700 to furnish a copy 
                  of the “hardship” dwelling conditional use permit to the City, update the City 
                  every two years on the status of the people that the dwelling was approved for, 
                  and remove the dwelling when the people it was approved for no longer
                  reside on the property.

 

Ø      Effective Date of this order is the day after the adoption date, which is: February 20, 2008.

Adopted by the City Council of the City of Newberg, Oregon, this 19^th day of February, 2008.