Order No. 2009-0020

 

1.                  On January 22, 2009, Charles J. and Ellen R. McClure, Trustees U/I/D October 25, 1999, submitted an application to annex approximately 69.21 acres (43 parcels) located at 30295 Highway 99W, Yamhill County tax lots 3215-500, 502 and 504, and Lots 3215B-100 through 4000, into the City of Newberg with a future change in land use designations upon inclusion in the Newberg Urban Reserve Area.  Upon inclusion of the property in the Urban Reserve Area, the comprehensive plan designations will change to: LDR-1/A with Stream Corridor overlay (47.58 acre subdivision); LDR-0.11/A with Historic Landmark, Stream Corridor, and winery Limited Use overlays (9.56 acre historic farmstead); Public/Quasi-Public (9.09 acre institutional parcel); and Commercial with a winery Limited Use overlay (1.05 acre winery parcel) as shown in Exhibit D. The zoning designations will change, respectively, to R-1-1/A with Stream Corridor overlay; R-1-0.11/A with Historic Landmark, Stream Corridor and winery Limited Use overlays; Institutional; and R-P with a winery Limited Use overlay as shown in Exhibit E.  

 

2.                  The Newberg Planning Commission heard the annexation request on March 12, 2009, took public testimony, and found that the request as conditioned met the applicable Newberg Development Code criteria and the terms of the Development Agreement adopted under Ordinance 2007-2671. The Planning Commission recommended approval of the annexation as conditioned per Resolution 2009-263.

 

3.                  After proper notice, on April 6, 2009, the Newberg City Council held a hearing to consider the annexation request.

 

4.                  The City Council finds that the applicable criteria and the terms of the Development Agreement adopted under Ordinance 2007-2671 have been met as conditioned, and that approval of the application is in the best interests of the community

 

 

 

1.                  The City Council finds that the annexation and future comprehensive plan designation/zoning designation changes upon inclusion in the Newberg Urban Reserve Area meet the Newberg Development Code criteria and the terms of the Development Agreement adopted under Ordinance 2007-2671 as conditioned and adopts the findings, which are attached hereto as Exhibit “A”. Exhibit “A” is hereby adopted and by this reference incorporated.

 

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.     If the annexation is approved and the property has not been included within the Newberg Urban Reserve Area then the comprehensive plan and zoning designations will be identical to the current Yamhill County AFLH (EF-20 zoning) and VLDR (VLDR-2.5 zoning). The existing Yamhill County land use regulations that apply to the site are adopted by the City of Newberg for this site. Specifically, this means that the residential subdivision could be completed under Yamhill County subdivision approval S-04-07 and the approved Measure 37 claim, and the winery lot and retirement lot could be developed under current EF-20 standards and any Measure 37 rights. Any development applications, other than those arising through S-04-07, submitted after annexation would follow standard Newberg Development Code procedures.

 

B.     Upon inclusion of the property in the Urban Reserve Area, the comprehensive plan designations will change to: LDR-1/A with Stream Corridor overlay (47.58 acre subdivision); LDR-0.11/A with Historic Landmark, Stream Corridor, and winery Limited Use overlays (9.56 acre historic farmstead); Public/Quasi-Public (9.09 acre institutional parcel); and Commercial with a winery Limited Use overlay (1.05 acre winery parcel) as shown in Exhibit D. The zoning designations will change, respectively, to R-1-1/A with Stream Corridor overlay; R-1-0.11/A with Historic Landmark, Stream Corridor and winery Limited Use overlays; Institutional; and R-P with a winery Limited Use overlay as shown in Exhibit E. Exhibits “D” and “E” are hereby adopted and by this reference incorporated.

 

3.                  This order is subject to the following:

 

A.     The winery Limited Use overlay shown in Exhibit D allows the processing of fruit to make wine, wine storage, a retail tasting room, and accessory uses.

 

B.     The Institutional property will be limited to a maximum of 65 PM peak hour trips upon development.

 

C.     If the Gueldner Drive extension between Crestview Drive and Benjamin Road is not completed prior to development of the Institutional parcel, the applicant shall apply for and obtain, on behalf of Yamhill County, an approach road permit for Benjamin Road at its intersection with OR 99W. Prior to the issuance of the first certificate of use and occupancy (or the City’s equivalent) on the Institutional parcel, the applicant shall provide evidence to the City that all requirements and conditions of the approach road permit for Benjamin Road have been satisfied. ODOT’s approval shall be subject to City’s concurrence.

 

D.     Upon development of the subdivision, Benjamin Road abutting the subdivision shall be improved by widening Benjamin Road to sufficient width to accommodate bike lanes and provide a standard 5-foot-wide sidewalk on the east side of the road, or by providing alternate parallel pedestrian and bicycle paths through the subdivision that connect to Benjamin Road. (Development Agreement §5(g).)

 

E.      Sight distance deficiency at the intersection of Springbrook Road and Benjamin Road: the Institutional property development will contribute its proportionate share of the costs for reconstruction of the adjacent vertical crest curves (if still needed) upon submittal of any development application.

 

F.      ODOT requires the applicant to either provide evidence that an approach road permit is not necessary, or has already been issued, or apply for and obtain an approach road permit for the existing access on Hwy 99W from the Historic homesite. All future development must take access from Benjamin Road.

 

G.     The existing development on the site will be required to connect to sanitary sewer when the sewer is extended to the subdivision.

 

H.     Upon future development of the property, other than that arising through S-04-07, the development shall contribute its share, based on traffic volume, of the future cost of capacity improvements to the Springbrook Rd/Hwy 99W intersection. 

 

Adopted by the City Council of the City of Newberg, Oregon, this 6th day of April, 2009.