Ord 2423 - Woodburn Development Text Revisions
COUNCIL BILL NO. 2670
ORDINANCE NO. 2423
AN ORDINANCE AMENDING ORDINANCE 2313 (THE WOODBURN DEVELOPMENT
ORDINANCE) TO MAKE CERTAIN TEXT REVISIONS.
WHEREAS, the Woodburn City Council passed Resolution 1745 on
December 8, 2003 initiating review of the Woodburn Development Ordinance;
and
WHEREAS, on March 14, 2005, the Council adopted Ordinance 2383,
finalizing some of the revisions outlined in Resolution 1745; and
WHEREAS, additional revisions to the Woodburn Development Ordinance
were considered by the Woodburn Planning Commission at a public hearing on
May 10,2007: and
WHEREAS, the Woodburn Planning Commission made its final
recommendation to the Council on May 24,2007; and
WHEREAS, the Council conducted a public hearing on these revisions on
June 25, 2007; and
WHEREAS, having considered the evidence and information presented,
the Council wants to make the necessary amendments to the Woodburn
Development Ordinance, NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. For purposes of this ordinance amendment, all new text is
shown as underlined (i.e. new text) and all deleted text is shown as stricken (i.e.,
deletod text). After this ordnance amendment is adopted, the Community
Development Director shall correct the Woodburn Development Ordinance to
incorporate all revisions contained herein.
Section 2. Section 2.107.01.L.3 of Ordinance 2313 (the Woodburn
Development Ordinance) is amended to correct the reference to the North
American Industry Classification System (NAICS), as follows:
"Food Service and drinking places (722) EXCEPT food contractors
(72231) and mobile food service."
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ORDINANCE NO. 2423
Section 3. Section 2.105.0l.E.2 of Ordinance 2313 is amended to exclude
videotape and disc rental from the Commercial Office Zone as follows:
"Rental & leasing, without outdoor display or storage (532) EXCEPT
videotape and disc rental. (532230)"
Section 4. Section 2.106.01.1 is amended to authorize the use of "video
tape and disc rental" and renumber the existing uses as follows:
" 1. Real Estate. (531)
2. Video tape and disc rental. (532230)
~. General rental centers (532310) with all outdoor storage and display
on a paved surface."
Section 5. Table 3.1.2, Off Street Parking Ratio Standards is amended to
include "video and tape disc rental" to the list of uses as follows:
Table 3.1.2 Off Street Parking Ratio Standards
Commercial
. Use
10. General retail sales
a. Motor vehicle parts (444131)
b. Health care stores (445)
c. Clothing (448)
d. Sporting goods (451)
e. General merchandise (452)
f. Misc. retail (453)
g. Video tape and disc rental
532230
Parking Ratio - spaces per activity
unit or square feet of gross floor
area sf fa
1 .0/ 250 sfgfa
Section 6. Section 3.105.02.1 related to joint use parking areas is amended
to read as follows:
"I. Joint Use Vehicle Parking
1. A parking area may be used for a loading area during those
times when the vehicle parking area is not in use for parking.
2. t'Jo more than 20 percent of the required vehicle parking may
be satisfied by joint use of the parking used for another use.
Up to 20 percent of the required vehicle parking may be
satisfied by ioint use of the parking area that is used for
another use that would require the parkinq during the same
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ORDINANCE NO. 2423
peak hours. An additional amount of joint use parkinq, of UP
to 20 percent of the required vehicle parkinq, may be
satisfied by joint use parkinq that shares a use that would
require the parking during alternate peak hours. An
additional amount of ioint use parkinq, of UP to 10 percent of
the required vehicle parking, may be satisfied when the
development is located alonq a transit service route and the
development provides transit related uses such as stops,
pullouts, and shelters. The determination of the applicability
of joint use parking shall be determined as a Zoning
Adjustment, a Type II land use permit.
3. The following uses are considered as daytime uses for
purposes of ioint use parkinq identified in this section: banks,
business offices, retail stores, personal service shops,
household equipment or furniture shops, c10thinq or shoe
repair or service shops, manufacturinq or wholesale buildings,
and other similar primarily daytime uses as determined
through the Zoninq Adiustment review.
4. The following uses are considered as nighttime or Sunday uses
for purposes of ioint use parkinq identified in this section:
auditoriums incidental to a public or private school, churches,
bowlinq alleys, dance halls, theaters, drinkinq and eating
establishments, and other similar primarily nighttime uses as
determined throuqh the Zoninq Adiustment review.
5. Joint use of parking spaces may be allowed if the following
standards are met:
a. There shall be no substantial conflict in the principal
operating hours of the buildings or uses for which the
ioint use parking is proposed. Future chanqes of use,
such as expansion of a building or establishment of
hours of operation which conflict with or affect a ioint
use parking agreement shall require review and
authorization of a subsequent Zoning Adiustment.
b. The ioint use parking spaces shall be located no more
than 400 feet from a buildinq or use to be served by the
ioint use parking.
c. Leqal documentation, to the satisfaction of the City
Attorney, shall be submitted verifying joint use parking
between the separate developments. Joint use
parkinq agreements may include provisions coverinq
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ORDINANCE NO. 2423
maintenance, liability, hours of use, and cross
easements.
d. The City Attorney approved leqal documentation shall
be recorded by the applicant at the Marion County
Recorder's Office and a copy of the recorded
document submitted to the Woodburn Community
Development Department prior to issuance of a
buildinq permit."
Section 7. Section 2.1 06.01.H is amended as follows:
"Finance and insurance (52) EXCEPT pawn shops (522298) and
check cashing, pay day loan and €l-FK3 cash transfer establishments
[other than banks] as a predominant, ancillary, or required
supporting use."
Section 8. Section 3.105.01 .C to Ordinance 2313 is added to read as
follows:
"C. The Community Development Director may authorize parkinq for
any use not specifically listed in a zone, upon application by the
property owner to the Planninq Division for a Type II land use
decision. The applicant shall submit a site plan showinq the
proposed use, an analysis that identifies the parking needs, and a
description of how the proposed use is similar to other uses in the
zone. The proposed use shall not be listed as a use elsewhere in the
WDO. The Director may require additional information as needed
to document the proposed use is similar to other uses in the zone.
Notification of the Director's decision shall be provided as required
by WDO Section 4.1. "
Section 9. Table 3.1.2, Off Street Parking Ratio Standards, is amended to
include uses listed in the WDO as follows:
TABLE 3.1.2 Off Street Parkin
Use
Ratio Standards
Parking Ratio - spaces per activity unit
or
s uare feet of ross floor area
RESIDENTIAL
1. Single family or duplex dwelling, 2.0/ dwelling unit in a garage
including manufactured homes
and dwellin s
2. Three or more dwellin units er 2.0/ dwellin unit
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ORDINANCE NO. 2423
1.
2.0/ dwelling unit in a garage
3.
2.0 parking spaces + 1 .0/ guest room
4.
5.
6.
unit
unit
unit
unit
a. Hotels (EXCLUDING casinos) & 2.0 parking spaces + 1 .0/ guest room
motels (721110)
9. Other traveler 2.0 parking spaces + 1 .0/ guest room
accommodations (72119)
lQ. Recreational vehicle (RV) parks 2.0 parking spaces + 1 .0/ RV space
(7212)
1l. Food and drinkinq places (722) 10.0 parkinq spaces + 1 .0/ 200 sfqfa
12. General retail sales 1 .0/ 250 sfgfa
a. Motor vehicle parts
(444131 )
b. Heath cam Food and
beverage stores (445)
c. Clothing (448)
d. Sporting goods (451)
e. General merchandise
(452)
f. Misc. retail (453)
g. Health and personal care
stores (446)
h. Video tape and disc
rental (532230)
U. Motor vehicle service 1 .0/ 200 retail sfgfa + 3.0/ service bay
a. Gasoline stations (447) + 1.0/ pump island
b. Automotive repair &
maintenance 8111 )
14. Personal services (8129) greater Greater of:
a. Barbers 1 .0/ 350 sfgfa; or
b. Beauticians 2.0/ service chair
~. Offices 1 .0/ 350 sfgfa
a. Information (EXCLUDING
motion pictures) (51)
b. Finance and insurance
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ORDINANCE NO. 2423
(52)
c. Real estate (53)
d. Professional, scientific
and technical [Including
lawyers and engineers]
(54)
e. Administrative and
support services (56)
f. Social assistance (624)
g. Membership
organizations (813)
EXCLUDING houses of
worship
lQ. General Repair and Service 1 / 500 sfgfa
a. Electronic and precision
repair (8112)
b. Leather goods repair
c. Laundry and dry cleaning
(8123)
lZ. Indoor Sales and Service of 1/ 900 sfgfa
Bulky Merchandise
a. Electronics and
appliance (443)
b. Furniture (442)
c. Building materials (444)
d. Home goods repair
(8114)
e. Linen and uniform supply
(81233)
la. Sales & Service of Bulky 1 .0/ 400 sfgfa of structure + 1 .0/ 2000
Merchandise sfgfa outdoor display area
a. Motor vehicle dealers
(441 )
b. Tractor sales (42182)
c. Manufactured dwelling
dealers 1453931
19. Delivery Services One space per delivery vehicle plus
one soace oer emolovee per shift.
20. Home Occupations No reduction from dwelling
reauirement is allowed
21. Residential sales office No reduction from dwelling
reauirement is allowed
22. Temoorarv residential sales No reduction from dwellinq
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ORDINANCE NO. 2423
23. Photo finishin 81292
24. Contractors 233 234 235
25. Fabricated metal products
manufacturin
26. Temporary outdoor marketinq
and special events
ee
ee
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
Greater of 1 1 800 sfgfa or 1 1
employee
1 250 sf fa
Greater of 1 1 700 sfgfa or 1 /
em 10 ee
Greater of 1 1 700 sfofa or 1 1
em 10 ee
1 1 700 retail sfgfa + 1 1 1000 wholesale
sf fa
37. Printing and related support
activities 323
38. Mail order house (45411)
39. Motor vehicle wrecking yard
423140 423930
INDUSTRIAL
40. Warehousing (493) greater Greater of:
a. o to 49,00049,999 sfgfa )fa or 1.0/ employee
b. 50,000 to 99,000 99,999 fgfa or 1.0/ employee
sfgfa fgfa or 1.01 employee
c. 100,000 or more sfqfa
11. Self storage 1.01 6 storage units, maximum of 6
spaces
42. Manufacturing groator Greater of:
a. o to 49,000 49,999 sfgfa a. 1.0/800 sfgfa or 1.01 employee
b. 50,000 to 99,000 99,999 b. 1.01 1000 sfgfa or
sfgfa 1.0/employee
c. 100,000 or more sfqfa c. 1 .01 2000 sfgfa or 1 .01
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ORDINANCE NO. 2423
employee
43. Wholesale trade (421, EXCEPT 1 .01 700 retail sfgfa + 1.01 1000
42182, and 422) wholesale sfqfa
44. Aqricultural practices Exempt from the parkinq
requirements in Section 3.105.
45. Support activities for Rail Greater of:
Transportation (488210) 1 .01 5000 sfqfa or 1 .01 employee
a. o to 49,999 sfqfa 1 .01 10,000 sfqfa or 1 .01 employee
b. 50,000 to 99,999 sfgfa c. 1 .01 15,000 sfgfa or 1 .01
c. 100 000 or more sfafa emolovee
46. Craft industries Greater of 1 I 800 sfgfa or 1 .01
emolovee
47. Telecommunication Facilities Exempt from the parking
reauirements in Section 3.105.
48. Recyclinq Centers (562920) Greater of:
a. o to 49,999 sfqfa a. 1.0/ 5000 sfgfa or 1.01
b. 50,000 to 99,999 sfgfa employee
c. 100,000 or more sfgfa b. 1.01 10,000 sfgfa or 1.01
employee
1.01 15,000 sfgfa or 1.01
employee
49 Truck transportation (484) Greater of:
a. o to 49,999 sfqfa 1.01 5000 sfgfa or 1.01
b. 50,000 to 99,999 sfqfa employee
c. 100,000 or more sfgfa 1.01 10,000 sfqfa or 1.01
employee
1.01 15,000 sfgfa or 1.01
employee
50. Transit qround transportation 1.0 transit vehicle space per transit
(485) vehicle olus 1 .01 employee
51. Freiqht transportation 1.01 employee
arranaement (488510)
PUBLIC AND SEMI-PUBLIC
52. Ambulatory health services 1.01 250 sfgfa
[Including doctors and dentists]
(621 )
53. Hospital (622) 1 .51 bed
54. Meeting facilities 1 .01 4 seats or 1 .01 8 feet of bench or
a. Auditorium, Theater (7111 1 .01 35 sfgfa of the primary assembly
&71112) room
b. Motion Picture Theater
[in-door] (512131)
c. Arena, Stadium
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ORDINANCE NO. 2423
d. Funeral Home (81221)
e. Lodge Hall
f. House of Worship
55. General indoor recreation 1.0/200 sfgfa
a. Dance hall (71399)
b. Skating rink
c. Fitness and recreational
sports (71394)
56. Bowlinq center (71395) 5.01 alley
57. Golf course (71391) 4.01 tee
58. Court games [tennis, handball, 3.01 court + 1 .01 4 feet of bench
racquetballl
59. Day care /62241 62411 2.01 careqiver
60. Elementary or middle school 2.01 classroom
( 61111
61. High school 1.01 unit of capacity for 6 students
62. Community college, college, 1.01 unit of capacity for 4 students
business school, trade school,
technical school, other
instruction [Including dance,
driving and language] (6112,
6113, 6114, 6115, 6116)
63. Libraries (51412) 1 .01 400 sfgfa
64. Public administration (92) 1 .01 350 office sfqfa
65. Parks and playqrounds Minimum of other uses requirinq
parkina
66. Play or ball field Greater of 151 field or 1 I 8 feet of
bench
67. Community club building and 1 .01 4 seats or 1 .01 8 feet of bench or
facilities 1 .01 35 sfgfa of the primary assembly
room
68. Accessory government and Greater of 2 or one per employee at
public utility buildinqs and location
structures
69. Golf driving range, in 1 I 8 drivinq ranqe tee spaces.
conjunction with aolf course
70. Postal service 1/ 250 sfafa
71. Museum and historic sites (712) 1 .0/ 4 seats or 1 .0/ 8 feet of bench or
EXCEPT zoos, (712130) 1.01 35 sfgfa of the primary assembly
room
72. Community center 1 .01 4 seats or 1 .01 8 feet of bench or
1 .0/ 35 sfqfa of the orimary assembly
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ORDINANCE NO. 2423
room
73. Taxidermist 1 / 500 sfafa
74. Cemeterv 10 plus one per acre
A. SOUTHWEST INDUSTRIAL RESERVE SWIR TARGETED EMPLOYMENT INDUSTRIES
75. Printinq, Publishinq, and Allied
Industries 27 SIC 323 NAICS
76. Stone, Clay, Glass and Concrete
Products, 32 ISIC), 1327 NAICSl
a. 0 to 49,999 sfgfa
b. 50,000 to 99,999 sfqfa
c. 100,000 or more sfgfa
77. Fabricated Metal Products,
except machinery and
Transportation Equipment, 34
(SIC), (333 NAICS)
a. 0 to 49,999 sfqfa
b. 50,000 to 99,999 sfgfa
c. 100000 or more sf fa
78. Industrial and Commercial and
Machinery and Computer
Equipment, 35 (SIC), (333 and
334 NAICS)
a. 0 to 49,999 sfgfa
b. 50,000 to 99,999 sfgfa
c. 100000 or more sf fa
79. Electronic and Other
Electrical Equipment and
Components, except Computer
Equipment, 36 ISIC), 1335 NAICS)
a. 0 to 49,999 sfgfa
b. 50,000 to 99,999 sfgfa
c. 100 000 or more sf fa
80. Transportation
Equipment, 37 (SIC), (336, NAICS)
a. 0 to 49 ,999 sfqfa
b. 50,000 to 99,999 sfgfa
c. 100,000 or more sfofa
81. Motor Freiqht Transportation and
Warehousing, 42 (SIC)' (48 and
49 NAICS)
a. 0 to 49 999 sf fa
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ORDINANCE NO. 2423
Greater of 1 I 700 sfqfa or 1 .01
em 10 ee
Greater of:
a. 1.0/800 sfqfa or 1.01 employee
b. 1 .01 1 ,000 sfqfa or 1 .01
employee
c. 1.01 2,000 sfqfa or 1.01
em 10 ee
Greater of:
a. 1.0/800 sfgfa or 1.01 employee
b. 1.01 1 ,000 sfgfa or 1.01
employee
c. 1 .01 2,000 sfgfa or 1.01
em 10 ee
Greater of:
a. 1.0/800 sfqfa or 1.01 employee
b. 1 .01 1 ,000 sfqfa or 1 .01
employee
c. 1 .01 2,000 sfqfa or 1.01
em 10 ee
Greater of:
a. 1.01 800 sfgfa or 1.01 employee
b. 1.01 1 ,000 sfgfa or 1 .01
employee
c. 1.0/2,000 sfgfa or 1.01
em 10 ee
Greater of:
a. 1.0/800 sfgfa or 1.01 emplovee
b. 1 .01 1 ,000 sfgfa or 1 .01
employee
c. 1.0/ 2,000 sfgfa or 1.0/
em 10 ee
Greater of:
a. 1.01 5,000 sfgfa or 1.01
em 10 ee
b. 50,000 to 99,999 sfqfa b. 1 .01 10,000 sfqfa or 1 .01
c. 100,000 or more sfqfa employee
c. 1 .01 15,000 sfqfa or 1 .01
employee
82. Wholesale Trade - Durable Greater of:
Goods, 50 ISICl, 1421 NAICSl
a. o to 49,999 sfqfa a. 1 .01 5,000 sfqfa or 1 .01
b. 50,000 to 99,999 sfqfa employee
c. 100,000 or more sfgfa b. 1 .01 10,000 sfqfa or 1 .01
employee
c. 1 .01 15,000 sfgfa or 1 .01
emolovee
83. Wholesale Trade - non-durable Greater of:
qoods,51 (SIC), 1422 NAICS)
a. o to 49,999 sfqfa a. 1 .01 5,000 sfqfa or 1 .01
b. 50,000 to 99,999 sfqfa employee
c. 100,000 or more sfgfa b. 1 .01 10,000 sfqfa or 1 .01
employee
c. 1 .01 15,000 sfqfa or 1 .01
employee
84. Non-Depository Credit 1 .01 350 sfgfa
Institutions 61 ISIC), 1522 NAICSl
85. Business Services, 73 (SIC), (561 1 .0/ 350 sfqfa
NAICSl
86. Health Services, 80 (SIC), (621 1 .01 250 sfqfa
NAICS. Except Ambulance
service 6219101
87. Professional Services, 87 (SIC), 1 .01 350 sfqfa
1541 NAICSl
Section 10. Section 3.106.03.C.1 of Ordinance 2313 is amended to add
landscaping standards for the Public and Semi-Public zone as follows:
"1. All unpaved land within the off street parking areas, and within 20
feet of the paved edge of off street parking andlor circulation
improvements, shall be landscaped in the following proportions:
a. RM, PISP, CO and CG zones: Landscaped area(s)
equivalent to 20% of the paved surface area for off
street parking and circulation.
b. IP, IL, and SWIR zones: Landscaped area(s) equivalent
to 10% of the paved surface area for off street parking
an circulation."
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ORDINANCE NO. 2423
Section 11. Section 3.108.0 1.B.06 of Ordinance 2313 is added to include
new provisions as follows:
"6. Throuqh lots. Through lots should be avoided except where
essential to provide separation of residential development from
maior traffic arterials. A solid brick or architectural wall with anti-
qraffiti surface, no less than 6 feet or qreater than 7 feet in heiqht,
should be constructed on the rear property line or side property line
adjacent to the arterial or collector street."
Section 12. Section 2.203.19 of Ordinance 2313 is amended to read as
follows:
"2.203.19 Temporary Outdoor Marketing and Special Events
Where permitted as a special use, temporary outdoor marketing and special
events on private property shall comply with the following use and development
standards.
A.
B.
c.
D.
E.
Uses Permitted are:";
Uses permitted shall bo limitod to marketing the following
merchandise and servicos:
1. Arts and crafts
2. Food and beverages, including mobilo food services
3..L Seasonal sales of fireworks, Christmas trees, produce or plant
materials~
Amusement rides and games~
Entertainment; and
Any other merchandise or service:. which is neither accessory
to a primary, permanent use of tho subjoct property nor
marketed by employees of that pormanont use.
Duration.
1. Permitted uses, EXCEPT the seasonal sales, shall be limited to
events with a maximum duration of three consecutive days
with all goods and temporary facilities and signs removed
within 24 hours of closing on the last day of each event.
Seasonal sales shall be limited to two events, with each event
not exceeding more than 30 consecutive days.
Hours of Operation.
Each event shall be conducted between the hours of 10:00 a.m.
and midnight.
On-site Circulation.
The use shall not block driveways, entrances or parking aisles.
Parking.
4.b
-a.~
~.~
2.
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ORDINANCE NO. 2423
The required parking for all other uses of the property shall not be
diminished below that required by Section 3.105.
F. Signs.
Signs shall comply with the provisions of Section 3.110, includinq
provisions for temporary siqm contained in Section 3.110.13.
G. Setbacks.
The use shall conform to all setback standards for the zone.
H. Responsibilities.
1 . The property owner:
a. Shall possess a valid special event permit, Section
5.101.08, for each separate event.
b. Shall be responsible for compliance with use standards,
crowd and traffic controlL and for sanitation, including
rest rooms, waste disposalL and clean up.
2. The operator of a special use shall possess valid certification
of compliance for all applicable health, sanitation and safety
standards of the City and other applicable jurisdictions.
1. Location and Size.
The temporary outdoor marketinq and special event shall not be
located within a public right-of-way unless authorized by the
appropriate jurisdiction (Woodburn Public Works Department or the
Oreqon Department of Transportation). The temporary outdoor
marketinq and special event shall be limited to an outdoor area
that is no more than ten percent (10%) of the square foot of gross
floor area of the building(s) on the property, but in no case shall be
limited to less than 200 square feet.
J. Exclusions: Outdoor product display areas shall comply with the
standards of Section 2.203.19 .C-H above. Outdoor product display
areas are not required to obtain a Temporary Outdoor Marketing
and Special Events permit, but are limited to the following:
1. Products sold within the primary building.
2. Cover no more than 10% of the gross square footage of the
buildings on the property.
3. Be located under an eave of the primary structure.
4. Retain a minimum of three (3) feet for pedestrian clearance
along any adjacent walkway."
Section 13. Section 2.109 .06.C.1.b of Ordinance 2313 is amended
regarding off street parking, maneuvering and storage, as follows:
lib. Off street parking, Maneuvering and Storage:
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ORDINANCE NO. 2423
1) Off street parking and storage shall be prohibited within a
required setback EXCEPT for parking and storage adjacent to
a wall. All parkinq, maneuvering, and storaqe areas shall be
improved consistent with the followinq:
i. WOO Section 3.105, except that storaqe areas used for
equipment that may damaqe pavement Imetal track
equipment, heavy machinery, etc.) may be stored on
a qravel-surface storaqe area.
II. A gravel storage area shall be adequately designed,
graded, drained, and improved to ensure adequate
drainaoe. A gravel storage area shall be constructed
to a minimum of surfacinq based on the standard of: six
(6) inches of one (1) inch minus gravel to three (3) inch
minus; if three (31 inch minus is used the top two (2)
inches shall be one (1) inch minus. The property owner
shall maintain a gravel storaqe area to ensure
continued drainaqe and dust control. A paved access
apron to any paved access road is required regardless
of the storage area surface.
III. Storage areas that are located within the front setback
behind a wall shall be screened to a minimum heiqht of
6 feet."
Section 14. Section 2.109.06.C.2.c of Ordinance 2313 is amended
regarding off street parking, maneuvering and storage as follows:
"c. Off Street Parking, Maneuvering and Storage:
11 Off street parking and storage shall be prohibited within a
required setback EXCEPT for parking and storage adjacent to
a wall. All parking, maneuvering, and storage areas shall be
improved consistent with the following:
i. WOO Section 3.105, except that storaqe areas used for
equipment that may damage pavement (metal track
equipment, heavy machinery, etc.) may be stored on
a qravel-surface storage area.
ii. A gravel storage area shall be adequately desiqned,
graded, drained, and improved to ensure adequate
drainage. A qravel storaoe area shall be constructed
to a minimum of surfacinq based on the standard of: six
(6) inches of one (11 inch minus qravel to three (3) inch
minus; if three (3) inch minus is used the top two (2)
inches shall be one (1) inch minus. The property owner
shall maintain a qravel storaqe area to ensure
continued drainaqe and dust control. A paved access
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ORDINANCE NO. 2423
apron to any paved access road is required reqardless
of the storaqe area surface."
Section 15. Section 2.11 0.06.C.1.b of Ordinance 2313 is amended to read
as follows:
lib. Off Street Parking, Maneuvering and Storage:
1) Off street parking and storage shall be prohibited within a
required setback EXCEPT for parking and storage adjacent to
a wall. All parkinq, maneuvering, and storage areas shall be
improved consistent with the following:
i. WOO Section 3.105, except that storaoe areas used for
equipment that may damaqe pavement (metal track
equipment, heavy machinery, etc.) may be stored on
a gravel-surface storage area.
II. A qravel storage area shall be adequately desiqned,
graded, drained, and improved to ensure adequate
drainaqe. A qravel storage area shall be constructed
to a minimum of surfacinq based on the standard of: six
(6) inches of one (1) inch minus qravel to three (3) inch
minus; if three (3) inch minus is used the top two (2)
inches shall be one 11 ) inch minus. The property owner
shall maintain a qravel storage area to ensure
continued drainage and dust control. A paved access
apron to any paved access road is required reqardless
of the storaqe area surface.
III. Storaqe areas that are located within the front setback
behind a wall shall be screened to a minimum heiqht of
6 feet."
Section 16. Section 2.11 0.06.C.2.c of Ordinance 2313 is amended to read
as follows:
"c. Off Street Parkinq, Maneuvering and Storage:
11 Off street parking and storage shall be prohibited within a
required setback EXCEPT for parking and storage adjacent to
a wall. All parking, maneuvering, and storaqe areas shall be
improved consistent with the following:
I. WOO Section 3.105, except that storaGe areas used for
equipment that may damaqe pavement (metal track
equipment, heavy machinery, etc.) may be stored on
a gravel-surface storage area.
Page 15 -COUNCIL BILL NO. 2670
ORDINANCE NO. 2423
II. A qravel storage area shall be adequately desiqned,
qraded, drained, and improved to ensure adequate
drainaqe. A gravel storaqe area shall be constructed
to a minimum of surfacinq based on the standard of: six
(6) inches of one (1) inch minus qravel to three (3) inch
minus; if three (3) inch minus is used the top two (2)
inches shall be one (1) inch minus. The property owner
shall maintain a gravel storage area to ensure
continued drainage and dust control. A paved access
apron to any paved access road is required regardless
of the storage area surface."
Section 17. Section 2.111.05.C.1.b of Ordinance 2313 is amended to read
as follows:
"b. Off Street Parking, Maneuvering and Storage:
1) Off street parking and storage shall be prohibited within a
required setback EXCEPT for parking and storage adjacent to
a wall. All parking, maneuvering, and storage areas shall be
improved consistent with the followinq:
I. WOO Section 3.105, except that storage areas used for
equipment that may damaqe pavement (metal track
equipment, heavy machinery, etc.) may be stored on
a qravel-surface storaqe area.
II. A gravel storage area shall be adequately designed,
graded, drained, and improved to ensure adequate
drainage. A gravel storaqe area shall be constructed
to a minimum of surfacinq based on the standard of: six
(6) inches of one (1) inch minus gravel to three (3) inch
minus; if three (3) inch minus is used the top two (2)
inches shall be one (1) inch minus. The property owner
shall maintain a qravel storage area to ensure
continued drainaqe and dust control. A paved access
apron to any paved access road is required regardless
of the storage area surface.
III. Storage areas that are located within the front setback
behind a wall shall be screened to a minimum heiqht of
6 feet."
Section 18. Section 2.111 .05C .2.c of Ordinance 2313 is amended to read
as follows:
Page 16 -COUNCIL BILL NO. 2670
ORDINANCE NO. 2423
C. Off Street Parking, Maneuvering and Storage:
1) Off street parking and storage shall be prohibited within a
required setback EXCEPT for parking and storage adjacent to
a wall. All parkinq, maneuverinq, and storage areas shall be
improved consistent with the followinq:
i. WOO Section 3.105, except that storage areas used for
equipment that may damaqe pavement Imetal track
equipment, heavy machinery, etc.) may be stored on
a gravel-surface storage area.
II. A gravel storage area shall be adequately designed,
qraded, drained, and improved to ensure adequate
drainaqe. A gravel storaqe area shall be constructed
to a minimum of surfacing based on the standard of: six
(6) inches of one (1) inch minus gravel to three (3) inch
minus; if three (3) inch minus is used the top two (2)
inches shall be one (1) inch minus. The property owner
shall maintain a qravel storage area to ensure
continued drainaqe and dust control. A paved access
apron to any paved access road is required regardless
of the storage area surface.
Section 19. Section 2.114.08.C.1.b of Ordinance 2391 is amended to read
as follows:
"b. Off Street Parking, Maneuvering and Storage:
1) Off street parking and storage shall be prohibited within a
required setback EXCEPT for parking and storage adjacent to
a wall. All parking, maneuvering, and storaqe areas shall be
improved consistent with the following:
I. WOO Section 3.105, except that storage areas used for
equipment that may damage pavement (metal track
equipment, heavy machinery, etc.) may be stored on a
qravel-surface storage area.
II. A gravel storage area shall be adequately designed,
waded, drained, and improved to ensure adequate
drainaqe. A gravel storage area shall be constructed to
a minimum of surfacina based on the standard of: six (6)
inches of one (1) inch minus gravel to three (3) inch minus;
if three (3) inch minus is used the top two (21 inches shall
be one (1 ) inch minus. The property owner shall maintain
a gravel storaqe area to ensure continued drainage and
dust control. A paved access apron to any paved
Page 17 -COUNCIL BILL NO. 2670
ORDINANCE NO. 2423
access road is required reQardless of the storaqe area
surface.
III. Storaqe areas that are located within the front setback
behind a wall shall be screened to a minimum height of 6
feet."
Section 20. Section 2.114.08.C.2.c of Ordinance 2391 is amended to read
as follows:
"c. Off Street Parking, Maneuvering and Storage:
Off street parking and storage shall be prohibited within a required
setback EXCEPT for parking and storage adjacent to a wall. All
parking, maneuvering, and storage areas shall be improved
consistent with the following:
I. WOO Section 3.105, except that storage areas used for
equipment that may damage pavement (metal track
equipment, heavy machinery, etc.) may be stored on
a gravel-surface storaqe area.
II. A gravel storaqe area shall be adequately designed,
graded, drained, and improved to ensure adequate
drainaqe. A qravel storage area shall be constructed
to a minimum of surfacinq based on the standard of: six
(6) inches of one (1) inch minus gravel to three (31 inch
minus; if three (3) inch minus is used the top two (2)
inches shall be one (1) inch minus. The property owner
shall maintain a gravel storage area to ensure
continued drainaqe and dust control. A paved access
apron to any paved access road is required regardless
of the storage area surface.
Section 21. Section 2.203.1 O.A of Ordinance 2313 is amended to read as
follows:
"2.203.10.A Uses Permitted.
The use shall be limited to mobile offices, temporary power
equipment, temporary housing for night security personnelL
portable toilets, and equipment storage during construction."
Section 22. Section 2.1 02.02.M of Ordinance 2313 is amended to read as
follows:
"M. Facilities Durinq Construction, Subiect to Section 2.203.10."
Page 18 -COUNCIL BILL NO. 2670
ORDINANCE NO. 2423
Section 23. Section 2.103.02.1 of Ordinance 2313 is amended to read as
follows:
"I. Facilities Durinq Construction, Subiect to Section 2.203.10."
Section 24. Section 5.101.03 of Ordinance 2313 is amended to read as
follows:
"5.101.03
B.
gC.
GD.
Of.
Gradinq Permit
Applicability. The provisions of a gradinq permit shall apply to
any of the following:
1. Any fill, removal, or gradinq of land identified within the
boundaries of the identified regulatory floodplain,
2. Any fill, removal, or grading of land identified within the
Riparian Corridor and Wetlands Overlay District
IRCWOD),
3. Any fill, removal, or qrading of land that requires a
permit from the Oregon Department of State Lands,
4. Any fill, removal, or grading of land area that equals or
exceeds one 11.00) acre, or
5. Any development activity required by the WDO to
submit a qradina plan or grading permit.
Application Requirements. An application shall include a
completed City application form, filing fee and the following
exhibit:
1. A Grading Plan for the subject property.
Criteria. An application shall be reviewed pursuant to the
policies and standards of the Woodburn Storm Management
Plan, Woodburn Flood Plain Ordinance, Public Works
Department and state building code, as applicable.
Procedure. Public Works staff shall review the proposal;
annotate the Grading Plan and notify the applicant
regarding any deficiencies. The Public Works Director shall
issue a grading permit for compliant plans."
Section 25. Section 5.101.01 of Ordinance 2313 is amended to clarify
when Type I Design Review is authorized, as follows:
"Design Review of Single FamilYL GAd Duplex Residential Dwellings. and
Medium Density Residential Buildinos
A. Purpose. The purpose is to assure compliance with the site
development and architectural design standards of Sections
3.1.
B. Applicability.
Page 19 -COUNCIL BILL NO. 2670
ORDINANCE NO. 2423
1. These standards are applicable to the following
development:
a. Any new Single Family and Duplex Dwellings
within an RS, R 1 Sand RM zone, approved AFTER
the effective date of the WOO, EXCEPT as noted
in Section 5.101.01.8.2;
b. Any exterior alteration of Single Family and
Duplex Dwellings located within an RS, R 1 Sand
RM zone, EXCEPT as noted in Section 5.101.01.8.2:
1) Where the subject dwelling has a prior
Type I design review approval; and
2) That is subject to building permit approval.
c. Manufactured Dwellings in an approved MDP
that are from 1 to 3 acres in area.
d. Medium Density Residential Buildings in
compliance with Section 3.107.05.
e. Fac;:ade changes or structural changes requiring
a buildinq permit but not increasing the size of
any existing structures.
f. Change of use of a structure.
g. Establishment of a use in a buildinq vacant for 6
months or more.
2. Single Family and Duplex Dwellings that are subject to
an approved architectural design review process
required by a homeowners association and
architectural design review CC & R's approved
pursuant to Section 3.109.02.E that are equal to or
better than WOO architectural design requirements
shall be EXCLUDED from the City architectural design
review requirements.
C. Application Requirements. An application shall include a
completed City application form, filing fee and the following
exhibits:
1. A complete building permit application, including
architectural drawings elevations for facades subject to
architectural review standards.
2. Street and utilities Plan, as applicable.
3. A Grading Permit, EXCLUDING lots within a
development [such as a subdivision or PUD] with an
approved Grading Permit.
D. Criteria. The criteria are contained in Section 3.107.
E. Procedure. City staff shall review the application materials for
compliance with the applicable standards of Sections 2.1, 2.2
and 3.1 at the time of building permit review. Conforming
Page 20 -COUNCIL BILL NO. 2670
ORDINANCE NO. 2423
plans will be noted on the building permit review checklist.
The review shall be conducted in accordance with
established building permit processing procedures."
Section 26. Section 5.102.02 of Ordinance 2313 is amended to clarify
when Type II Design Review is authorized, as follows:
"Design Review for All Structures LESS THAN 1000 I 2000 Sq. Ff.
A. Purpose. The purpose of Type II design review is to insure
compliance with all applicable site development standards
and architectural design guidelines of Section 3.1 for:
1. All new structures LESS THAN 1000 sq. ft. of gross floor
area in the RS, R1 S, RM, CO, CG, DDC, NNC, and P/SP
zones, all new structures or additions LESS THAN 2000
square feet of gross floor area in the IP, IL, and SWIR
zones, and single family and duplex dwellings in the
NCOD, but EXCLUDING structures subject to TYPE I
Design Review.
2. Any change in use that results in a greater parking
requirement.
B. Application Requirements. An application shall include a
completed City application form, filinq fee, deeds,
notification area map and labels, written narrative statement
reqarding compliance with criteria, location map and the
followinq additional exhibits:
1 . Street and Utilities Plan, as applicable;
2. Site Design Plan;
3. Grading Plan; and
4. Architectural drawings (plan view and elevations) and
materials sample board.
C. Criteria. The applicable guidelines and standards of Section
3.1 shall apply and other applicable sections of the WDO."
Section 27. Section 5.103.02 of Ordinance 2313 is amended to clarify
when Type III Design Review is authorized as follows:
"Design Review for All Structures 1000 12000 Sq. Ff. OR MORE
A. Purpose. The purpose of Type III design review is to insure
compliance with the applicable site development standards
and architectural design guidelines of Section 3.1 for:
All new structures or additions 1000 sq. ft. OR MORE of gross
floor area in the RS, R1 S, RM, CO, CG, DDC, NNC, and PISP
zones, all new structures or additions 2000 OR MORE square
feet of gross floor area in the IP, IL, and SWIR zones,
Page 21 -COUNCIL BILL NO. 2670
ORDINANCE NO. 2423
EXCLUDING structures subject to TYPE I Design Review; and
single family and duplex dwellings in the NeOO.
B. Application Requirements. An application shall include a
completed City application form, filinq fee, deeds,
notification area map and labels, written narrative statement
reqardinq compliance with criteria, location map and the
followinq additional exhibits:
1. Street and Utilities Plan, as applicable;
2. Site Design Plan;
3. Grading Plan;
4. Architectural drawings (plan view and elevations) and
materials sample board; and
5. Traffic Impact Analysis, as may be required in
compliance with Section 3.104.01.B.2.
C. Criteria. The criteria are pursuant to the standards and
guidelines of Section 3.1. and other applicable sections of the
WOO."
Section 28. Section 3.107 .05.A is amended to correct a cross-reference
scrivener error as follows:
"Guidelines and Standards for Medium Density Residential Buildings
A. Applicability.
Pursuant to Section 1.102, "Medium Density Residential
Building" means any building where the predominant use is
multiple family, nursing care or assisted care residential.
At the time of application, the applicant shall choose
whether the review will be conducted as a Type I review
following the procedures of Section 5.101.01 or as a Type II or
III review following the applicable procedures of Section
5.102.02 or 5.103.02, depending on floor area.
1. For a Type I review, the criteria of Section 3.107.04~.B
shall be read as "shall" and shall be applied as
standards.
2. For a Type II or III review, the criteria Section 3.107.04~.B
shall be read as "should" and shall be applied as
guidelines."
Section 29. Section 5.103.12 is amended to read as follows:
"Exception to Street Right of Way and Improvement Requirements
A. Purpose. The purpose of an exception is to allow a deviation
from a WOO development standard required for the
functional classification of the street identified in the
Page 22 -COUNCIL BILL NO. 2670
ORDINANCE NO. 2423
Transportation System Plan cited in Secf.ion 3.101.02 in
conjunction with a development proposal that is a Type III
application.
B. Application Requirements. An application shall include a
completed City application form, filing fee, deeds,
notification area map and labels, written narrative statement
regarding compliance with criteria, location map and the
following additional exhibits:
1. Street and utility Plan as applicable;
2. Site Plan; and
3. A "rough proportionality" report prepared by a qualified
civil or traffic engineer addressing the approval criteria.
C. Criteria.
1. The estimated extent, on a quantitative basis, to which
the rights of way and improvements will be used by
persons served by the building or development,
whether the use is for safety or convenience;
2. The estimated level, on a quantitative basis, of rights of
way and improvements needed to meet the estimated
extent of use by persons served by the building or
development;
3. The estimated impact, on a quantitative basis, of the
building or development on the public infrastructure
system of which the rights of way and improvements
will be a part; and
4. The estimated level, on a quantitative basis, of rights of
way and improvements needed to mitigate the
estimated impact on the public infrastructure system.
D. Proportionate Reduction in Standards
An exception to reduce a street right of way or cross section
requirement below the functional classification standard may
be approved when a lesser standard is justified based on the
nature and extent of the impacts of the proposed
development. No exception may be granted from
applicable construction specifications.
When a lessor standard, subjoct to Section 3.101.02.f, is justified
based on tho nature and extont of the impacts of tho
proposod devolopment, an exception to reduce a street
right of way or cross section requirement may bo approved.
t'Jo oxcoption may be grantod from applicablo construction
specifications.
E. Minimum Standards.
To assure a safe and functional street with capacity to meet
current demands and to assure safety for vehicles, bicyclists
Page 23 -COUNCIL BILL NO. 2670
ORDINANCE NO. 2423
and pedestrians, as well as other forms of non-vehicular
traffic, there are minimum standards for right of way and
improvement that must be provided. The minimum street
improvement standard is identified in 3.101.02.0. Deviation
from these minimum standards may only be considered by a
variance procedure, Section 5.703.77."
Section 30. Section 5.102.06 of is added to Ordinance 2313 to create a
Type II review for a street exception done in conjunction with an application
that would otherwise be reviewed pursuant to the Type II procedure as follows:
"5.102.06 Exception to Street Riaht of Way and Improvement
Reauirements
A. Purpose. The purpose of an exception is to allow a deviation
from a WOO development standard required for the
functional classification of the street identified in the
Transportation System Plan. An exception for a development
otherwise reviewed as a Type I or II application shall be
considered as a Type II application.
B. Application Requirements. An application shall include a
completed City application form, filing fee, deeds,
notification area map and labels, written narrative statement
reqarding compliance with criteria, location map and the
followinq additional exhibits:
1. Street and Utility Plan as applicable;
2. Site Plan; and
3. A "rough proportionality" report prepared by a qualifiod
civil or traffic onginoor addressinq the approval criteria.
C. Criteria.
1. The estimated extent, on a quantitative basis, to which
the rights of way and improvements will be used by
persons served by the building or development,
whether the use is for safety or convenience;
2. The estimated level, on a quantitative basis, of rights of
way and improvements needed to meet the estimated
extent of use by persons served by the buildinq or
development;
3. The estimated impact, on a quantitative basis, of the
building or development on the public infrastructure
system of which the rights of way and improvements
will be a part; and
4. The estimated level, on a quantitative basis, of riqhts of
way and improvements needed to mitigate the
estimated impact on the public infrastructure system.
Page 24 -COUNCIL BILL NO. 2670
ORDINANCE NO. 2423
D. Proportionate Reduction in Standards
An exception to reduce a street riqht of way or cross section
requirement below the functional classification standard may
be approved when a lesser standard is justified based on the
nature and extent of the impacts of the proposed
development. No exception may be qranted from
applicable construction specifications.
E. Minimum Standards.
To assure a safe and functional street with capacity to meet
current demands and to assure safety for vehicles, bicyclists
and pedestrians, as well as other forms of non-vehicular
traffic, there are minimum standards for riqht of way and
improvement that must be provided. The minimum street
improvement standard is identified in 3.101.02.0. Deviation
from these minimum standards may only be considered by a
variance procedure, Section 5.703.77."
Section 31. Section 3.1 01.02.D.1.b of Ordinance 2313 is amended to
clarify connecting street minimum improvements as follows:
"b. Street Improvement Standard. The full street improvement for the
subject street classification, Section 3.707.03, shall be provided for a
connecting street segment without an approved exception or
variance.
The minimum connecting street improvement standard shall be
equivalent to:
1) One, ~ l.Q foot wide travel lane in each direction, in addition
to the required curbs, where the classification specifies a
maximum standard of two travel lanes;
2) Required drainage facilities;
3) The pedestrian and bikeway facilities located on one side of
the street that comply with the standards for the subject
street classification. In locations where the street c1assifjcation
specifies a maximum standard of two travel lanes, the
connecting segment on the side with the pedestrianlbikeway
facilities shall be completed to standards, including the
landscaped parkway strip."
Section 32. Section 3.1 01.02.D.2.b of Ordinance 2313 is amended to
clarify minimum boundary street improvements as follows:
"b. Street Improvement Standard. The full street improvement for the
subject street classification, Section 3.707.03, shall be provided for a
Page 25 -COUNCIL BILL NO. 2670
ORDINANCE NO. 2423
connecting street segment without an approved exception-er:
variance.
The minimum connecting street improvement standard shall be
equivalent to:
1) One, ~ l.Q foot wide travel lane in each direction, in addition
to the required curbs, where the classification specifies a
maximum standard of two travel lanes;
2) Required drainage facilities; and
3) In addition to the improvements cited in 1) above, the full
improvement of the street from the center line to the
boundary of the subject property plus any center turn lane as
described for the street classification."
Section 33. Section 3.1 04.05.B.1.b of Ordinance 2313 is amended to read
as follows:
"B. Driveway Serving One (1) or Two (2) Dwelling Units. (See Figure 6.7)
1. Paved Driveway Width.
a. For a distance less than 40 feet between the access
street or shared access driveway and the attached or
detached garage doorway:
1) 20 feet minimum and 26 feet maximum width for
a garage with a doorway(s} to serve entry by not
more than two vehicles at one time; and
2) 20 feet minimum and up to a 30 feet maximum
width for a garage with doorway(s} to serve entry
by three vehicles at one time provided the
maximum width shall not exceed 50 percent of
the lot frontage serving the driveway entrance.
b. For a distance of 40 or more feet between the access
street or shared access driveway and the attached or
detached garage doorway: 12 feet minimum width,
flared to the required exterior parking pad in front of
the garage that is 20 feet maximum minimum width."
Section 34. Section 2.203.17.J of Ordinance 2313 is amended to clarify
where mobile food service operations may occur, as follows:
"J. Base of Operations.
The base of operations for mobile food service units shall be from
commercial or industrial zones. Use of sites in residential zones for
the preparation, maintenance, or storage area for mobile food
service units is prohibited.
Page 26 -COUNCIL BILL NO. 2670
ORDINANCE NO. 2423
Section 35. Section 2.103.04 of Ordinance 2313 is amended to correct a
cross-reference error as follows:
"2.103.04 Accessory Uses
The following uses are permitted as accessory uses subject to
Sections 2.2~L. and 2.203.
A. Garage with a maximum capacity of three cars (or carport
with a maximum capacity of two cars in the case of a
manufactured home).
B. Fence or free standing wall.
C. Greenhouse or hobby shop."
Section 36. The amendments and revisions made by this Ordinance are
justified and explained by the Legislative Findings which are attached hereto as
Exhibit "A" and incorporated herein by this reference.
Section 37. The sections and subsections of this Ordinance are severable.
The invalidity of any section or subsection shall not affect the validity of the
remaining sections and subsections.
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Approved' \
~th~igley, ~t
June 25, kQ.O?
June 25. 2007
June 25, 2007
Approved as to form:
City Attorney
Filed in the Office of the Recorder
June 25, 2007
ATTEST: /7 J<~ h-><->--:T
Mary T nant, City Recorder
City of Woodburn, Oregon
Page 27 -COUNCIL BILL NO. 2670
ORDINANCE NO. 2423
Exhibit A
CITY OF WOODBURN, OREGON
STAFF REPORT to:
The Woodburn City Council
June 21, 2007
LEGISLA TIVE AMENDMENT
File: LA 2007-01
PROJECT INFORMATION:
APPLICANT:
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
Application Commenced:
120-Day Rule Deadline:
Staff contact:
By City Council Resolution No. 1745, passed December 8, 2003
Legislative amendment not subject to 120-Day time line.
Jim Allen, Community Development Director
Recommendation:
Conduct public hearing to receive public testimony, consider Planning
Commission and Staff recommendation for adoption of amendments to the
Woodburn Development Ordinance.
NATURE OF THE APPLICATION: A legislative amendment to consider text changes to the
Woodburn Development Ordinance. The Woodburn Development Ordinance would be amended as
follows:
. Designate in which zones a video rental business is allowed.
. Allow shared parking for day and night users of parking areas and allow additional
shared parking in conjunction with transit-related improvements.
. Clarify finance and insurance uses in the Commercial General zone.
. Clarify parking requirements for uses not listed in parking requirements table.
. Add parking lot landscaping standard for the P/SP zone.
. Establish standard for a buffer wall along a street for a residential development.
. Clarify storage and display of merchandise areas. Add provisions to allow gravel parking
areas under certain circumstances.
. Add portable toilets as a use allowed during construction in certain zones.
. Clarify what development activity requires a grading permit.
. Clarify what development activity requires design review.
. Simplify the process for review of street improvements and an exception to street
improvement standards.
. Revise the minimum street improvement standard.
. Clarify the driveway minimum width of a driveway.
. Clarify the location authorized for mobile food service units.
. Clarify the regulations accessory structures are authorized under.
The Planning Commission also recommends that the City Council take no action on
establishing limitations on businesses not allowing competitors to buy or lease vacant "Big-Box
Stores".
The Planning Commission deferred for future consideration after review and recommendation
by the appointed Focus Group the following topics:
. Significant Tree Conservation,
. Concurrency, and
. Wrought Iron Fencing.
RELEVANT FACTS:
The review of the Woodburn Development Ordinance (WDO) is required periodically in order to
maintain current with new state and / or federal laws and rules, case precedents, scrivener errors,
interpretations, or other changes in circumstances. The City Council adopted Resolution Number
1745 that directed a review of a list of topics within the WDO. The WDO was amended by
Ordinance Number 2383 on March 14,2005 for many topics that were identified in Resolution
~umber 1745. The current evaluation is a review of, and recommendation on, most of the remainder
of the list of topics initiated by the City Council.
RELEVANT APPROVAL CRITERIA: Page
[WDO 4.10 1.06.E] Type V Legislative Decisions ........................................................ 2
[WDO 1.101.08] Annual Review of the WDO .........................................................3
[WDO 4.101.09 .A.3] Type V Notices ............................................................................... 3
Comprehensive Plan Policy Consistency .................................................................................... 4
ANALYSIS AND FINDINGS OF FACT:
1. Type V decisions involve legislative actions where the City Council enacts or amends the
City's land use regulations, comprehensive plan, zoning maps or some other component
of any of these documents where changes are such a size, diversity of ownership or
interest as to be legislative in nature under state law. Included are large scale
annexations, and adopting or amending the comprehensive plan text or the WDO. The
Planning Commission holds an initial public hearing on the proposal prior to making a
recommendation to the City Council. The City Council then holds a final de novo public
hearing and makes the City's final decision. Public Notice is provided for all public
hearings (Section 4.101.09). The City Council's decision is the City's final decision and is
appealable to LUBA within 21 days after it becomes final. [WDO 4.101.06.E]
Fmdings: The Woodburn City Council adopted Ordinance Number 2313 that became effective on
July 1,2002. The Woodburn City Council passed Resolution Number 1745 on December 8, 2003
that included a list of topics to be considered by the Planning Commission with a recommendation to
the City Council for adoption or amendment to the Woodburn Development Ordinance. Some of the
topics identified in Resolution Number 1745 were considered in the year 2005 and adopted by
Ordinance Number 2383 on March 16,2005. Much of the remaining topics were not forwarded from
the Planning Commission to the City Council at that time. The topics before Planning Commission
and City Council at this time are most of the remaining of the topics identified by Resolution Number
1745. as shown for the text amendments to the Woodburn Development Ordinance (WDO) Update
on Attachment B. The Planning Commission conducted a public hearing on May 10, 2007 and
conSIdered evidence and testimony regarding the text changes. The Planning Commission completed
final deliberations on May 24, 2007. The City Council is scheduled to conduct a public hearing on
June 25, 2007 to consider the recommendation of the Planning Commission and testimony regarding
the identified text amendments. This legislative action was initiated through the procedures outlined
in the Woodburn Development Ordinance for this type of action.
Many of the provisions included within this Legislative Amendment clarify or deregulate current
provisions contained in the Woodburn Development Ordinance. Specifically, the joint use parking
standards recommended by the Planning Commission provide opportunities for shared parking areas,
C:\DOCUME~ 1 \JANCL~ I.WOO\LOCALS-l \Temp\XPgrpwise\CC StaffReport.doc 2
the parking table clarifies each use listed within the WDO, and the outdoor display areas authorize
and clarify such provisions while addressing public safety and accessibility to businesses. The design
review provisions drafted clarify which processes are needed to be completed and deregulate the
current provisions. The street exception provisions deregulate and establish simplified provisions for
projects. Implementation of these drafted provisions is a timely matter due to the seasonality of
construction activity and the ability of certain aspects of development to occur. It is appropriate to
make these provisions effective as soon as possible in order to provide for clarity and timeliness of
implementation to the citizens of the City of Woodburn.
2. The Community Development Director shall maintain a list of potential modifications of
the WDO due to new state and / or federal laws and rules, case law precedents, scrivener
errors, interpretation, or other changes in circumstance. The Director shall report these
matters to the City Council at its first regular meeting in the month of November so that
the Council may consider initiating appropriate measures to modify the WDO. [WDO
l.l 0 1.08)
Findings: The identified text amendments to the Woodburn Development Ordinance were previously
identified and the WDO should be updated to more appropriately reflect the needs of the citizens of
the City of Woodburn based on changes in laws, improved efficiencies of operations, and omissions
that are currently in the ordinance. This legislative action was initiated by action of the City Council,
as contained in Resolution 1745.
3. Type V. At least 20 days before an initial evidentiary public hearing at which a Type V
decision is to be considered, the Director shall issue a public notice that conforms to the
requirements of this subsection and any applicable state statute. Notice shall be sent to
affected governmental entities, special districts, providers of urban services, the Oregon
Department of Transportation and any affected recognized neighborhood associations
and any party who has requested in writing such notice. [WDO 4.101.09.A.3]
A. Published Notice. Type IV and V
The Community Development Director shall publish a notice of a Type IV or V
public hearing as described in this subsection, unless otherwise specified by statute.
The notice shall be published in a newspaper of general circulation within the City
at least 7 days prior to the hearing. Such notice shall consist of:
1. The time, date and location of the public hearing;
2. The address or other easily understood location of the subject property and
the City-assigned planning file number;
3. A summary of the principal features of the application or legislative proposal;
and
4. Any other information required by statute for an annexation or other hearing
procedure. [WDO 4.10 1.09.C]
Findings: Notification of the legislative amendment was provided to the Oregon Department of Land
Conservation and Development (DLCD) on March 23, 2007, consistent with the requirements for a
Post Acknowledgement Plan Amendment notification contained in Oregon Revised Statutes 197.610
~lt1d Oregon Administrative Rule 660, Division 18. The notice was provided 48 days prior to the first
-:vidcntiary hearing, meeting the 45-day minimum statutory requirement. A certificate of mailing of
the required notice to the DLCD is provided in the record.
The Planning Commission conducted a work session regarding the proposed text amendments during
the Planning Commission's regular meeting of April 12,2007.
:\otification of the legislative amendment was published in the Woodburn Independent Newspaper
un April 18, 2007, 22 days prior to the pubic hearing, as presented with an Affidavit of Publication
dated April 18, 2007.
I [)()([ VlE--l ,JA~CL -1.\VOOLOCALS-l 'Tcmp,XPgrpwist:\CC Staff Report.doc 3
Notification of the legislative amendment was individually mailed to owners of property zoned
Commercial Office on April 19, 2007 as a result of requirements under statutory provisions related to
"Measure 56" notification. Mailing certifications are included in the record.
A letter and a copy of the draft text amendments were provided on April 19, 2007 to property owners
of malls within the City of Woodburn where owner contact information was available. An individual
letter and request for comments was specifically requested regarding the matter of parking areas and
joint use parking. Mailing certifications are included in the record. Attached to this report are
written responses received during the public hearing proceedings before the Planning Commission.
All notification contained information regarding the time, date, and location of the pubic hearings, the
file number, the staff contact for questions or submission of testimony. All notification also included
a summary of the proposed text amendments. Mailing certificates and publication affidavits are
included in the record for notification verification. All notification documents provided information
regarding the public hearing procedures and how to review or obtain copies of the documents to be
considered. Notification requirements consistent with the provisions of the Woodburn Development
Ordinance and statutory requirements were met for this legislative amendment to the Woodburn
Development Ordinance.
Comprehensive Plan Policv Consistencv
4. Policy B-l. It is the policy of the City of Woodburn to solicit and encourage citizen input
at all phases of the land use planning process. Since the city is trying to plan the
community in accordance with the community's benefit, it is essential that the community
be consulted at all stages of the planning process. [Policy B-1]
Findings: The State of Oregon Department of Land Conservation and Development was provided
notification 48 days prior to the Planning Commission public hearing of the proposed text
amendments. The DLCD provides other potentially interested parties the opportunity to review text
amendments from local governments throughout the state. Notification was individually provided to
owners of property within the Commercial General zone, as a result of specific changes in that zone
that required individual notice under Oregon Statute. Notification of the proposed text amendments
was published in the Woodburn Independent newspaper 22 days prior to the Planning Commission
public hearing. The Planning Commission conducted a work session on the topic identified in the
legislative amendment at the public meeting of April 12, 2007 that was a regularly scheduled meeting
of the Planning Commission. Specific property owners were provided individual notice regarding the
possibility of joint use parking areas.
5. Woodburn shall coordinate with affected state agencies regarding proposed
comprehensive plan and land use regulation amendments, as required by state law.
(a) The state agency most interested in land use is the Oregon Department of Land
Conservation and Development (DLCD). Woodburn shall notify DLCD 45 days in
advance of the first hearing before the Planning commission of proposed
comprehensive plan or development ordinance amendments. [Policy B-2(a)]
Findings: Notification and a copy of the text amendments were provided to the DLCD, consistent
with this policy as documented in the record.
6. Encourage infill and redevelopment of existing commercial areas within the community,
as well as nodal neighborhood centers, to meet future commercial development needs.
[Goal F-l]
Findings: The text amendments include provisions that could stimulate redevelopment. Proposed
Policy change #3, regarding Off Street Parking and Load specifically would authorize additional
areas to be "shared" for purposes of determining the minimum number of parking spaces that must be
established for each use. Additional provisions are identified in the draft that would allow more
C \DOCUME-IVANCL-I.WOO\LOCALS-I\Temp\XPgrpwise\CC StaffReport.doc 4
shared parking spaces in conjunction with development along a transit facility where transit facilities
are provided. Proposed Policy Change # 15 would streamline the process for review of street
standards. This is particularly important for infill development in areas where streets are constructed
at a level that does not meet the current cross-section standard of the WDO. Both of these could be
significant in encouraging infill development throughout the city and be consistent with this policy.
7. The City's policy is to accommodate industrial and commercial growth consistent with
the 2001 Woodburn Economic Opportunities Analysis (EOA). [Policy G1.7]
Woodburn's policy is to diversify the local economy. Woodburn seeks to diversify the
local economy so that the community will prosper and can weather swings in the business
cycle, seasonal fluctuations, and other economic variables. The intent is to provide a
broad spectrum of commercial and industrial enterprises. The variety of enterprises will
not only provide insulation from negative business factors, but a choice in employment
opportunities that in turn allows for the diversification in income types. [Policy G 1.8]
Findings: The Proposed Policy Change #3 and #15 previously discussed also would benefit
industrial and commercial growth in that land use review process time lines reduced and costs
reduced would make development more cost effective and appealing to businesses. This could bring
additional businesses to the City of Woodburn, which could provide a more diverse employment base
for the residents and employees within the city. The proposed text amendments would be consistent
with these policies.
A TT ACHMENTS
Attachment A - Planning Commission Final Order and recommendation of May 24, 2007
Attachment B - Policy change questions and process for review
Attachment C - Email response received from Kristy Olson (Woodburn Crossing)
Attachment D - Letter from Teri Sunderland, General Manager, Woodburn Company Stores
Attachment E - Email response received from Mark C. Wolf (654 Tukwila Drive)
C:\DOCUME~ IIJANCL~ I.WOO\LOCALS-I \Temp\XPgrpwise\CC StaffReport.doc 5
ATTACHMENT A
l~ THE PLA~:"iI~G CO:\L\llSSIO~ OF \\'OODBt:R~, OREGO~
LEGISLATIVE A:\lE~DME:"iT 07-01
Amending the \V oodburn
Development Ordinance
)
)
)
)
FI~AL ORDER
WHEREAS, a proposal was initiated by the Woodburn City Council to consider revision
of the tex.t of the Woodburn Dcvdopmcnt Ordinance (WOO), and~
WHEREAS, notification of the public hearings to consider the proposed text
amendments were provided consistent with State Law and WOO provisions, and~
WHEREAS, the Planning Commission conducted a work session on April 12, 2007 to
review a portion of the topics initiated by the City Council, and;
WHEREAS, the Planning Commission conducted a public hearing on May 10,2007 and
considered the written and oral testimony presented by staff and other interested persons, and;
\VHEREAS, the Planning Commission closed the public hearing, and;
WHEREAS, the Planning Commission moved to recommend that the City Council
approve revisions to the WDO and instructed staff to prepare a tina1 order to substantiate the
Commission's decision.
~OW, THEREFORE, IT IS HEREBY ORDERED BY THE CO~IMISSIO~:
flh.: Pbl11ing CummissioIl h-:rt:hy n.:commends that the City Council adopt the dratt revisions to
the WOO as containl..:u in Exhibit "A", based on the findings contained in the staff report
iJentitieu as fxhiblt "8", which ::Ire attached hereto imd by reference incorporatt.:d herein.
. \ PPW\ cd:
~cL;
~---
Date:
_~!~_tr /o7-~._
CL.1udio Lima, Chairperson
\~.~,.. Il'"\Ur~ t'" -" 4 \ ~-,"'t :~. :Ji 1~11~ ~~'J ',~J:O t...;~}~,lh:; L'>';;' PC :=.r.,11 Crder Ll\ (j7.dl ,JU\;
PROPOSED POLICY CHANGES
i PROPOSED ISSUE TO BE
i POLICY CHANGE ADDRESSED
, 1. Make bars and I The Woodburn Section
I taverns a Zoning Ordinance i 2.1 07.01L3, Page
conditional use in I prohibited bars and ! 2.1-53
: the DDC district. taverns in the DOC
district. Bars and
taverns are allowed
in the DOC district
per the WOO. '
Was this provision I
supposed to be !
changed with the I
adoption of the I
WOO? i
[fthe bar and i
tavern use is I
removed from the
DDC zone, then I
microbrew I
businesses would I
not be allowed. +---
The WOO I
currently classifies
a video rental Table3.I.2, Page
business with an i 3.1-32
office use and I
associated office i (Add the video rL'Iltal
parking , business use to the
requirement. The : general retail sales
,.ideo rental
business operates ,parking requirement
s<'Ction of the
more like a retail WDO)
use than an office I .
use. Code needs to
be revis<-d to
, reflect this.
, Remove the \ ideo
, rental business use
trom the
"Commercial
Ot1ice'" lOne.
I-
: 2. Provide a
i parking requirement
: and designate in
I which zones a video
, rental business is
allowed.
CODE LOCATION
FOCUS GROUP
ATTACHMENT B
WOO l,PDATE
(\IEASl:RE 56 REQUIRED)
"-l
.___________.~_.__.--....J
The focus group
agreed with staff's
proposed code
changes.
i l, '.~!;n)'llr\ ll,'\t'),'!'l'lt"n{ Pl.lllnln,: \\lll) I !'i!.l'c DR \11 \\I)() ['r,l.d. \1~t, 1,II'k-1q.I\'\ (,- .1"1:
PROPOSED CODE CHANGE
The focus group met i Section 2.107.0 [ Pcrmitted l'ses
on March 23. 2006 and
I decided that Drinking
I Places should be L. Accommodation & Food Servicc
outright pennitted in
the DDC zone unless
the Police Chief could
convince them that the
negative impact of a
drinking place would
require a conditional
use process.
Section
2 105.01 F 2, Page
2.1-31
Add the vieiro
rl'ntal business use
to the CG /\)nc as
an outril!ht
p,'nTIlttl~d I""
Section 2. [0~.01 r.
Page 21-IS
3. Food service and drinking plal:es (722) EXCEPT food contractors (7273 1 )~DrinkingPlaccs l7214J and mobilc fOl'd scrvice.
Section 2.107.03 Conditional Uses
i A.
G. DrinkiOlI; Places17114}
!:L Government and pubic utility buildings and structures EXCEPT uses permitted in Section 2.107.01 and tclccl'mmunication
facilities subject to Section 2.204.03.
i
,
- -1
I
Ratio Stan ard
I Parking Ratio - spaces per activitY"
, unit or square feet of gross floor area
____ ~ ts~___ __._.__
--t-_.
: 1.0.250 sfgfa
I
~1ERCIAL
i 10. General retail sales
I a. Motor vchicle parts
. (444131)
i b. Health care stores (445)
~ e. Clothing (448)
d. Sporting goods (451)
e. General merchandise (452)
f Misc. retail (453)
lLYideo tape and disuentaj
(532230)
,I
'I
I:
I
2105Jn Permittcd l'ses
E. Real Estate & Rcntal & Leasing
1. Real Estate. (531 )
2. Rental & Leasing. Wllhout outdoor display l'r ,toTcI"e (Sl2) 1.:XCF:PT \ Iden t:lpe IlI1d lhs" rental \:'.1."'1/)
2.106.01 Pennitted (.ses
Rca! Estate and Relltal and I.CJSllll!
I. Rcal Estate. (5.< I) -
Video tape '\I]d disc rClltal.l5:122.111)
.:l. General rl'llt~II t..cnkrs (~~2J IOJ \\ lth III \\l1rd~I' lr ....t(1r:lgc :/!Hl th"'rLj\. l\') ;J P,}\ \.'d ,urt.lu.'
P.\lil. I
3. Review parking
requirement for a
movie theatre. Is
the current parking
requirement too
high~
I Look at other TSc~~~;os-
I development codes I
to see how parking I
I during peak and
I off-peak hours is I
I handled. Joint use I
parking is in the
WOO already. Is
the 20% maximum I
allowed for joint I
use adequate? I
I
I The focus group was II pmparison of other lu~-~~:1 - ~. ~__ _ ___ ..
I concerned about being I Scats -1--- ---1
able to pro\1de Woodburn I space / 4 seats - I - -- ~
, adequate parkmg for a I Beavert';!!.-~ ~~ce / seat Et-r-==- ~ =~--1
! movie thcan:e. They II Marion County : I space /5 seats ~-----1
, brou~t the !ssue up of Keizer I I space / 3 seats...._~ I
I park.mg ha~m!lto Tualatin i 1 space I 4 seat~ I J
occur off'slt~ I f not I Salem 1 space I 5 scats "TSM, can be shared I
I enou~ parkmg IS I, i i day/night and 75% i
I provided. .1 : I ==:! can be small car !
The focus group (Bend __ 11 space I 4 seat~ _______J
agreed that the WOO
parking requirements
be compared to other
cities.
Appears that check cashing businesses are conditional uses within the CG zone to prevent the proliferation of these nusinesses.
The Conditional Use criteria are listed in WDO 5.1 03.03.C.
4. Clari fy what the
finance and
insurance use mean
because it is not
clear. Also, all
zones prohibit check
cashing, pawnshops,
etc. except in the
CG zone where it is
a conditional use.
Was this intended?
5. Parking section
needs to state what
happens when a use
doesn't fit in a
specific parking
categOlY
6. Add parking lot
landscaplOg
standard for the
P SP lOne.
Check cashing and
pawnshops were
outright pennined
in the CG zone in
the WZO. Check
cashing and
pawnshops are
conditional uses in
the CG zone in the
WDO. Was this
provision supposed
to be changed with
the adoption of the I
WDO?
Need direction in I Section 3.105. Pages
the code regarding : 3 1-2Q to 38
thIS prohlem. I
I
i
Section
2.106.03.C.2, Page
2.1-41
The focus group
agreed that check
cashing and
pawnshops remain
conditional uses in the
CG zone.
Address the issue
of r<'<julring
, parking lot
landscaping for
. uses in the PSP
I LOne as is required
in the commercial
and industnal
?Ones
Sl"Ction
. _1.IOo.O.1.C.I. Page
. ~.1.41
, Staff reviewed numerous many codes and was not able to find exact language to address this. One altemati\ e would include a land use
application requiring the applicant to submit a site plan showing the proposed use and an analysis of what the parkin~ needs would he
for the proposed use.
Staff has reviewed all the chapters in the WDO and identified the lisll'rl uses that arc not ..ithin the parking requirements tahle and
proposes adding those uses not currently listed.
The focus group
agreed that a Director
interpretation be used
to detennine which
specific parking
category should be
i used for a particular
use. The Director
could require
additional information
to make this
detcrminati~_-L__ .__ ____ __
The focus group i 3.106.03 LandscaplOg Standards
agr<'Cdedwith dstatTs . C. OtTStreet Parking Areas.
propos co e
changes. I. All Unpa\L'rl land within the otT street parking area. and within 10 ket of the pavnl ed,~e "I" 011 street pal 'll1g alld_ or
circulation impro,'emcnts. shall he landscaped 10 Ihe !,'lIowlOg prnportl"ns:
a. R \1, F',-$P~ co and CG zones. Landscaped arca(s) equi, alent '\' .'(1'" '.\1" the pal cd 'IJrtace ClreCl I, 'r pff "rcd r_"'I!1.c
and Llrcuhtion.
[l ,I'\li.lIill:" flnd-fllKrHPI,ln:lJIL.' \\P(){ rd,lkIlR.\l1 W\)l)t p~ld!..:\15h r,lbk04-i)~ II-J,',-
P -\(j l
'-------r ~-- -E---~--- -------. - - -
,7 Revise Address the Issues I ~ectl~n 3.106.04. The focus group Il106.04 Consc1"\iatlon of SIgnificant Trees
Conservation of i of how to amend I Page 3.I--n agreed with staff's A Arb rt
Significant Tree I conditions of, ! approach on this item. pp Ica I I y.
section of the WDO I approval to prCVl"TJt ! ' I The proviSIOns of this Secti~~.apply to the r7":,oval of any SIgnificant tree and the repl.\cement reqUIrements for
i tnrega~d to tree I removal of a I Howto amend I significant tree removal. A sIgnificant trce' IS any cxlstmg. healthy tree 24 Inchcs nr more m dlamcter. measured 12
, mlllgatlon fund and slgmficant tree and i condItIOns of The focus group asked I mches above ground level.
, how to amend , creating a tree . approval to save a if Sweetgum was an I . . .
, conditions of I mitigation fund or i significant tree. allowed street tree. B. LImItations on Tree Removal.
approval to prevent I giving the I A City tree removal permit ~hall be required to remove any tree. subjcct to the following EXCEPTI()~S:
~ removal of a replacement trees I \
. fi I h C I h I. Three or fcwer significant trees may be removed from a lot Loned RS, RIS or P that is less than 05 acres in
slgni leant tree. to t e IIy to p ant. I Loo~ at ow wide a Sweetgum is not an area within any calendar year without a permit,.
Significant tree needs allowed tree within
I r to be -less than 24 public rights of way 'I 2. One significant tree may be removed from a lot:
1 I inches in diameter? and utility easements.
I I Mentioned to the focus a. Zoned RS, RIS or P which is greater tile thal1 0.5 acrC!l; or
group that a list of b. Zoned other than RS, RIS or P within any cakndar year without a pennit.
i Tree mitigation fund prohibited street trees
I I or give the trees to 'I is included in the Tree 3. A diseased or dangerous tree may be removcd without a permit in an emergency.
CIty to plant. Guidelines Section C. Tree Replacement Requirement.
I , ! 6.103 of the WOO. The issuance of a significant tree removal permit requires the prop~-rty owner to replace cach tree remowd with two new
I I I trees on the same property. Each new tree shall be at least i! J. inches in caliper. A tree required by thc development
I I standards of the underlying zone, Section 3.1., or as a condition of permit approval shall qualify as a replacement tree.
i I I Developed language for an optional tree mitigation fund.
I I----f-- l~r~~eU::~:~::t~;:%~:dfti~:~~~~~;:ls~f~~~~~~n~~~~;~l~~~j~~.~tt~'~~~~~~~~~i~fr,~~~j~r~~~I~g~he re~iew proc~~s
I Currently. the I Section I The focus group 3.108 Partition and Subdivision Standards
I WOO does not [' 3.108.01.B.5. Page I agreed with staffs 3.108.01 Requirements
, have a provision 3.1-69 proposed code
I that would allow I I changes. B. Applicable Development Standards.
I. staff to requIre a I
masonry wall on a 1 The following standards of the WOO shall apply to a p:utition and to a subdivision:
i subdivision where Q. Tbrouldt lots. Through lots shoul<tbe aVOl.d~ exc~L\0:tm:_es~!!t.i!d [oJ1ri!0.t;I~separati()n_nfresidcntialdcvcl"l'm\'t1t fr"m
i lots have frontage maior traffic arterials. A solid bric.k or ar~hi1~l}Il]Il_\\':)JL'!rith~f)ti:graffiti.2_Ul:f~e~noJess_than gj"eeLor:..greatcr than 7 kct in
I on a non-local I height, should be constructedon theJearQIQP.<mY li~gI sid~nropctlY_lil)e_adiacC11tto_the arterial oc colketor stred.
i street. I · I
I - -t--- ~+--- -------r-- - --- --. ------ ---.. --- . - -
i Should storage and; 2. HJ<l.06.Cl.b i 1. The focus group was: l'<ecd to }ddress the issue of whether gra\d or pa\.cd stnrage is what is needed and the type of wall or fence.
i display be more . 2.109.06.C2.c , concerned about ! . .. II . k . - . I
'I I dd sed lit Ih t. . .bl Should storage be allowed un. der the overhang ot a bUlldmg. A ow a temporarY uSl'outdoor mar etmg permIt t"r the huslIlc's lorJte(
c ': y;; r~ i 2. I 10.06.Cl.b : ~ oragteh atreetls VIS\ e on the subject site (i.e. sidev.alk sale). -
'm e a ow use 'J 110 06 C J . om e s . .
I sections "fzones" _. . . ...c I, Th Co Allow storage area to be graveled in an industnal lOne as long as the storage area IS not USl-o tor parking. Set up fence requirement:1S
2.111.05.CI.b ~. cede ocuhs gr1lou" was the case to the Woodburn Zoning Ordll1ancc. A pron!em has arisen when eqUipmenl stored In Industnal arcas hrnl.s lip pavement
, II I O'i C ) agr WIt a owmg a , 1 t .
_ ... ._.c temporary use'outdoor ,so a grave s orage area IS necessary.
2.114.IJ8.C I b marketing permit for a ,AI\ Lones except the '\:-\C and DOC addr,"" stnrage \ \\ ith parking requirem""h).
, 2 114.08.C.2e business located on a h.b . b k h . u \I
subject site. L Storage pro 1 \led Il1 sct ac area. except cllln a \\ a .
, Th t" ' Temporary Outunnr \Iarketing and Speual FsenfS. allo\\<.'d n\' C(,. f)DC. '''(., P SP
.' e (lCUS group .
wanted fencing to he 1 '-'erh)n :!..20] 19 lilllitt,.d timl.' \lfduution (1101 rcnllanenn
required if items arc
slored a\\ ay from the
hlj~ldmgo\_<:'ll])ght__t'!l a 5, DrJ.tt_~d fnr IP.IL P SP. Jnd ~\\ lR 11'1>..... h\r lJ"'C" tl1,1t \\'llll!,j lh....(ll)) ,Ir ~L\;l1.l~1..' 11:l'.<.'I1:..Tt (1; u'I1\..TI:t'_' (tr!l ~.t',j ,'h;...k~.' '~
I
i
i
I R. Add under the
I buffer wall
, requirement that a
I masonry wall
should be
, constructed on
single-family
subdivisions where
: lots have frontage
on a non-local
street.
9. Clarify how
storage and display
, are addressed.
-t.
I ( , 1~1n~llil, (\ r In d, THll'"nl rLlnrwl~ \\ III J I r.J.Jlt. IHt \t I \\ 111 ) l ~',Llh' \1:"\ r JHI..'(:-' i) \ 0'" J~,(:
P.\(jF \
10. Add Portable
! Toilet provision to
the WDO.
i 11. Grading Permit
12. Concurren"y
1.1 If a hl!( hox
...tore \\cre vacated.
I permanent basis. I-~'
14. The focus group was I
agreeable to allowing I
I storage under the .
. overhang of a building.
5. The focus group
agreed with the
concept of allowing
gravel storage in the
I industrial zones as was
allowed in the WlO.
The focus group
mentioned adding
portable toilet
provisions in the sewer
ordinance.
Portable toilets needs to be added to Section 2.20J.1O under the list of items allowed for Facilities During Construe'tion which IS a
special permitted use in the Rt'A, CO, CG, DOC, IP, IL, PISP, NNC, SWIR. and R!\;f.'i, but not in the RS, RIS, or RSN zone"S.
Could also allow a portable toilet as a special permitted use in all zones with a setback required from a residential use for the temporary
use of portable toilets. This would keep the portable toilets (appearance and smell) away from residentially used properties. There wJll
be an issue about what temporary means because the school district has portable toilets up most of the year for sporting events.
Facilities During Construction
2.203.IO.A Uses Pemitted.
The use shall be limited to mobile offices, temporary power equipment, temporary housing for night SL'CUrity personnclJlortable ll.ilcls,
and equipment storage during construction. ["Facility During Construction" is currently listed as a Special Permitted L~se in the R'vl.
I CO, CG, DOC, NNC, [Po IL, PISP, NNC". SW1R, and RMN, but n.otir1.!he R.~ R I S. oz:...~l'~~. '_'__ . . ~.' .~..
The focus group I The Public Works Department needs to determine the dire<:tion of this item in regal'll to how invol\ed the proposed c(,de amendment
mentioned a certain I needs to be.
number of inches '1 Th bl . h d' . . I . ed .1 I d I.'. b.'" h bd. . . d.
bel db' e pro em IS t at a gra \fig pemutls current y not reqUlr untl a an use app Icahon IS su mltte'U suc as a su IV'SI"n or e"gn
~~:;\; ras f~~g ~ review request. Need a grading pennit to re~u]ate the moving of dirt prior to the ,uhmittal of a land use application. All of the .
th~. eqU g I vegetatIon on a sIte can be removed and left to thIS conditIon for a long penod oftline pnor to suhmlttal of a land u'" appl1cat",n wlw.:h
~h~=t~lso be affects the appearance and drainage on a site.
aligned with the trigger I Staff recommends adding when the Grading Permit is applicable.
for a removalJfill I
permit by the I
Department of State I
Lands. I
Focus group
mentioned developing ,
. appearance and site
: restoration standards if
a site is graded and not '
':'d.e.~~'___'__' ._ _ ~.._
Deferred to next focus 'An (-5 Overlay zone IS heing proposed as part "fthe periodic review process that addresses transportatIon Impacts ot dndopm,'ntln the
group meeting. ' interchange area. Denteee compIled information on this topic. \:eed to rClie" <lith Public Works and leua!.
----'I-...~~
I
I
Need to add a
provision in the
WOO to regulate
portable toilets
since portable
toilets are no
longer regulated by
the City's
Nuisance
Ordinance.
Address grading
permit in the WOO
to strengthen
criteria.
. Address
transportation
impacts of
_ develqpment.
.\ddrL"Ss the issue
of nusincsscs not
The focus group
rPcntioned rrc<Jting
1 < \"!!n:u:u/\' /)nc!'Tml'nl Pbll11ln~ \\f)l) l ~~\-Lllt' PR.\I r \\Dn t'rJJh:' \I~h r.1~k"'I.f n,\ n'" ,k(
Talked with Code Enforcement on this item and they said that a problem with allow ing portable toilets in certain zones was that a ,
homeowner would hook up a portable toilet to be used by a large number of residents in the same dwelling. Should portable toilets only
be allowed in the public zone as a temporary use and on RS properties for a school use? Should a desih'll review process he required to
try to get a better looking and more permanent portable toilet' Address issue of landscaping. buffering or wall requirement if adjacent
to certain uses and zones.
"ot able to tind a J,'l ,'I"pment code wlwre this prop,. sed e"de amendment \\ a, addressed. ralkcd II ;Ih kl!al dep;lrtment .Ih, .ut 'hI' C(,,1e-
~ J.mcnJm~ntbcin& l11l1r~_\)f J Qn\ a~ hU"l1~e"'s matter \ t...'P;us J. ~\_l\ t"r:)m~nl ft'guLlti( 111 1l1Jtkr
P.\lil. .\
then it would not be \ alloWing ----'1-. -- - ]esthetie, safety and 1- -- -
allowed 10 exclude I competitors to buy security standards for I
competitors as a ! or lease their big I vacant buildings.
condition of i box stores. i I Have an ordinance I
approval. I ' from the City of
I I Beaverton regulating I
lithe appearance, safety I
I and secu~ty of vaeant I
14. o",i", R"",w '1 Adm,,""" i~~ : R=' ""~ cily I :;:=;;;;;;;;~O" ,,,,,Id I~g", '"i", '~'=, [""""'00'''. ",w '~.'lmctw;~ "dddi~, ~~id" ,j" JI ,000. '.<>Im.,. Ii). ,'hoo,'" '
, of when design I codes group meeting. use, or zone?
I review would be I
I triggered. I Which is the review process, Type I, II, or 1lI, for different proposed developments~._.___. ___m_ ___ __ _ _
i Address the issue I The focus group Make the process for a variance or exception to street improvements an administrative process if it is processed with Type I and n
I of when the I' agreed with statTs applications (Access Permit, Partition or Administrative Design Review requests). Use the same criterion but change the process /Tom a
I variance to street approach on this item. public hearing process to an administrative decision process which would lower the fee to the zoning adjustment fee ofS763.00 versus
right of way and I' the variance fee of S 1,769.00. Two new sections would be added to the Type II Application Requir~'I11ents s~'Ction of the WDO and the
Improvement administrative variance and exception to the street standards would be referred to as a minor variance and exc~1lti()n.
I requirements I Would need to make revisions throughout the WOO to make the change (i.e. the Str~'Ct and Access Sections of the WDO).
would be triggered. I
The appeals process would allow an administrative decision to go to a public hearings process at the City Cnuncill cveL
Section 5.102.06 Minor Variance
Section 5.102.07 Minor Exception
i
,
,
I
f---
I t 5. Variance to
! street right of way
! and improvement
! requirements
116. Wrought iron
I fence being required
I on outright
1 permitted
i commercial uses
i instead of just
I conditional uses.
Wrought iron
fencing can be
conditioned as part
of the conditional
use approval
process. There is
not a trigger for
, requiring wrought
I iron fencing on
commercial sites
I as part ofthc
design review
_ _____ _ ...J2!'oeess.
Deferred to next focus
group merting.
Create a design guideline that recommends wrought iron fencing versus chain link fi...ncing for fencing that is visible rrom a street
I
I
----------'
_PROPOSED CLARIFICATIONS ___ __ ___ ___
I PROPOSED --1 CODE LOCATION ] FOCUS GROUP I PROPOSED CODE CHANGE
, CLARIFICATION ------L
'-1- ;0 foo~a.ximum" width I Section ~ 1040, Rib. Page The focus group agreed with stafTs 3.104.05 D;iveway D~~nsiQn a-;;d 'Imp-;:-ov~~ent Sta~~;"ds, ~;pc I,ll and III Applicatio",
should be "minimum."' I 3.1-23 propos~-d code changes. B. Driveway Sen ing One (I) or T\\o (2) Dwelling l'mts. (See figure 6.7)
I Paved Driveway Width.
h. For a dis'lance of 40 Dr more feet hetween the a"e's street or shared aeee" dnvc\\:lv and
the attached or detached garage OL)Orway. 12 tffi",t minimum width. !lared to the rC4ulred
_ __. __ _ e~t_cnor l"'!kinRpad In tront "fthe garafe that I> a 2(1 t'e:e<.,-ot Hffl*ttntffil OlIl1!lnul!I \\ Hl~h.
Section 6.1 04. Pa~es 6.104-1 to Deferred to next focus group meeling. Inelud" a disdaimer.
n
2. Check and revIse Use
Classitications in lhe Woo.
C Llrreclions need to be made
in th.... H....alth Care and Sllual
"en iccs ((,2.1 table.
I (', lll:Wlll1t: n~\dl\pfTll'nr PLHll:m!! \\ D{ \ I !'tl.JI,' 11}(\1 I \\T)( It'p,L\;\;' \l~(l rahk\l-t n ,.0- d1X
r ViE.
PROPOSED TEXT CHANGES
PROPOSED TEXT CHANGES CODE LOCATION
, 1. Delete "commercial or" after Secl10n 2 203 17 J Page 1 2 24
"from" and before "industrial" I . . . .., ~. -
I
I
2. Provide the correct reference. ~tion 2.103 04, Page 2.1-14
!
PROPOSED CODE CHANGE
--~..-l
- - ---.---1
2.203.17 Mobile Food Services
J. Base of Operations.
The base of operations for mobile food service units shall be from eemmereial er industrial zones. C se
of sites in residential zones for the preparation, maintenance, or storage arca for mobile food servIce
units is prohibited.
2.103.04 Accessory V set
I The following uses are pennitted as accessory uses subject to Sections 2.2m t ~
- -~- --- ------...- --~_.- -- - ---- --- -----...- ----
i ~ t!"lI:mll~ l\,:\ 1'1('~~ll1ct\t PI1l1l11\l~ \\ l)() { rl{,Ilt-' DR.\f l \~ r)o l rJ.ltc \1.<;/, Ij))~.!'-~ i'\ .1\' ilp.:
P.\(jF (,
ATTACHMENT C
From:
To:
Date:
Subject:
Kristy Olson <atudekris@comcast.net>
"Jim Allen" <Jim.AlIen@cLwoodburn.or.us>
412712007 7: 13 AM
Re.. Woodburn Development Ordinance amendments
cc:
George Brice IV <georgebiv@msn.com>, George Brice III <gbrice3@msn.com>
Good morning Jim, thank you for your responce.
Yes, the parking makes sense and would help us. We have sufficient parking now, however, a joint idea
makes sense for future expansion. I will get any other comments or suggestions to the planning
commission before May 3rd, if there are any additional.
Also - I noticed that you have our old address as does Breah (she helped me with a sign issue). Please
make sure you have our current address, listed below, for future mailings.
Hope to see you soon, thank you again, Kristy
Kristy Olson
Vice President
BRICE CORPORATION
8655 SW Citizens Or. #104
Wilsonville, OR 97070
Phone 503.682.8012
Fax 503.682.8015
_____m_m__ Original message ________m___________
From: "Jim Allen" <Jim.AlIen@ci.woodburn.or.us>
> Kristy,
> Thank you for the comments. I will forward them to the Planning Commission and
> try to address your concerns. You are also welcome to attend and provide
> information to the Planning Commission or City Council if you desire.
>
> Parking-
> Specifically, as my letter stated, I (the Planning Commission actually asked for
;;> input from property owners) was hoping for some specific analysis of the
> "Joint-use parking" changes that would allow more shared parking spaces.
> Would this better serve the businesses on your property?
> Would there be enough parking?
> Are there other changes that would Improve the WOO? [this needs to be a very
> specific recommendation, to the exact wording that you believe is needed].
;;>
? Design Review-
;;> The Woodburn Development Ordinance (adopted 2002) has always had provisions for
> \.lesign re'I'ew The drafted provISions would simplify some of the design review
> ~rocesses by mo"ing trem from a public heanng to a staff review (reducing
;;> applicant cost and speeding the review tme). There would also be a different
..> t;lreshoid for .Nhen industnal buildings require a publiC hearing (industrial
> bU'ldings are ge'lerally larger tran other buildings, so the threshold for a
. ~',;:J'c reari'-'0 '.\-oue be d ffen:.1t1
'. 0 rC1se .2t .-~~~. .. !-,O), ; 1':2ri ~,t;,P '-:-"',o~e
:>
:> Thanks again,
:>
:>
:> Jim Allen, AICP
:> City of Woodburn
:> Community Development Director
:> 270 Montgomery Street
:> Woodburn, OR 97071
:> 503-982-5246
:>
:> "We cannot solve problems by using the kind of thinking we used when we created
:> them." - Albert Einstein
:>
:>
:> :>:>> Kristy Olson <atudekris@comcast.net> 4/25/2007 1: 16 PM >>>
> Good afternoon Jim,
:>
:> Thank you for your recent letter concerning the planning commission's upcoming
:> meeting to propose some changes in the development ordinance(s). I had spoken
:> to Randy Rohman recently regarding a correct understanding of the "change of
:> use" meaning when it comes to a change of tenant at our shopping center located
:> in a commercial general zone. He has yet to get back to me, he was going to
:> speak to Randy Scott t believe. In looking at this letter, I still have a
:> question/concern about a the required applications for a "change of use." It
:> appears that the planning commission is requiring any size of space, whether it
> be under or over 1,000 sq. ft., to go through a design review process that
:> includes a site plan, street and utilities plan, grading plan and architectural
:> drawings. This is timely and expensive to the prospective tenant and the
> owner/property manager of a location with multiple retail/service spaces.
:> Please clarify for me. I believe there is a list of excepted uses i
> n a commercial general zone and as long as you are within that use, there should
> not be any further requirement or approval by the city planning commission.
>
> We recently had a prospect that was looking to add a family style restaurant to
:> a vacant space in our shopping center. (Woodburn Crossing Shopping Center) He
> went to the city to get some general information and found out that he would
> need to complete a full design review application, pay a large fee and complete
:> some street improvements adjacent to our property in order to open the
:> restaurant. This seems very excessive for him and for us! Again, the
> retail/service shopping center is located in a commercial general zone, a
:> restaurant is a permitted use, and it was determined that we had sufficient
> parking. Meanwhile, we lost a significant amount of income (loss of tenant) due
:> to the inability to wait for city approval and cost of getting architect's and
:> engineer's drawings It was cost prohibited for the size of the space. As long
:> QS ',lie get a tenant that has a business within the commerGIal general zone
:> perameter, He pJ11 a permit for the desired improvements to the interior
:> of the space; we should not have to do anything further to lease our spaces.
:>
:> P'ease help n;e Glanfy thiS. If thiS is an amendment that 'Nil I cause the
:> "change of lJse" to superceed the CITY ZONE, I think the planning commission
> "eeds to research it further before amending It. Thank you,
>
> Kristy O:sor~
':0 \ \~e P;es,de;t
> BRICE CORPORATION
> 8655 SW Citizens Dr. #104
> Wilsonville, OR 97070
> Phone 503.682.8012
> Fax 503.682.8015
ATTACHMENT D
'( ~ ~ ;:.~ ,: 1
)"1",
.~
May 1, 2007
MAY 0 4 2iJiJ7
. ,.,"
-" ~ -
Ii.
,.,
;~ j (
, I,"
I'.'!
Jim Allen, AICP
Community Development Director
City of Woodburn
270 Montgomery Street
Woodburn, Oregon 97071
Re: Woodburn Development Ordinance Amendments
Response to request for comments
Dear Mr. Allen,
Thank you for your consideration to forward a copy of the drafted amendments to the
Woodburn Development Ordinance (WOO) referenced as "Attachment An in your letter
dated April 19, 2007. We do appr~clate the opportunity to review the Proposed Policy
Changes prior to the public nearing of May 10, 2007 where the Woodburn Planning
Commission will consider the proposed amendments.
You had specifically requested that Craig Realty Group representatives provide
comments relevant to the Proposed Policy Change #3 (3.105.02) General Provisions
for Off Street Parking and Loading, which addresses joint parking requirements that
are intended to allow more opportunities for shared parking spaces. Mary Graves,
Regional Asset Manager of Craig Realty Group and I reviewed #3 and the other
Proposed Policy Changes. We determined that there were not any apparent concerns
to our property and the uses at Woodburn Company Stores. We are not offering
suggestions of changes that would improve this section of the WOO, at this time.
We had equal interest in the review of the Proposed Policy Change #9 (2.203.19)-
Temporary Outdoor Marketing and Special Events. The following are general
comments that may be relevant to our future ability to coordinate special events within
ordinance requirements; reference page 10, Section I. Location and Size.
it is vitally important to our business model and marketing plan to coordinate and
promote center wide special events where all stores can participate, in accordance with
the ordinances. Our outdoor sidewalk sale events are an example of such annually held
events.
"'~"'~
_"-..-'" - f
j
.! I ; ) '.
t ; 1 .. \ t ...
t i'
'\ 4 > '" i l }, \.2'~ ~ l '. ~ [~\. ~) 1 {.E~,",
" ( ) '-J I
~ ) 1
Whereas, our tenants are typically limited to the area directly outside of their storefront
and between lease lines we do not want to be restricted to these outdoor areas
exclusively. We would appreciate th~ flexibility to plan events in other areas of our
property, such as designated areas of our parking lots should we determine that this
would be plausible and beneficial without hindering our customer parking.
Upon completion of the center's build-out of all development phases, the Gross
Leasable Area (GLA) will be 383,837 square feet. Our outdoor special event area would
Ud iifllilt=d tu 19, 192 sq. ;1:. ~er the pmposed ordinance amGndment th~t states... "The
temporary outdoor marketinq and special event shall be limited to an outdoor area that is
no more than (5%) of the square foot of qross floor area of the buildinQ(s) on the
property. but in no case shall be limited to less than 200 square feet." Although we
certainly understand the intent of mandating a maximum square feet allowance, it is our
concern that the (5%) maximum could impede or prevent our ability to have certain
outdoor special events.
We would like to propose that additional consideration be given to increasing the
maximum allowable square footage above (5%) of the gross floor area. We are not
informed of the Commission's research that preceded establishing the proposed (5%)
amendment. However, as an alternative for discussion purposes we would suggest a
maximum allowance closer to (10%) of the gross floor area; especially for properties that
do not have shared parking with other businesses.
I am available to discuss these comments and other components of the proposed
amendments to the Woodburn Development Ordinance (WOO) at any time. You are
'.'Jelcome to contact me at 503.981.1900 or teri@woodburncompanvstores.com.
Thank you again for keeping Craig Realty Group apprised of current concerns that are of
interest to the Woodburn Planning Commission and for the opportunity to provide
comments for the WOO draft.
Sincerely,
T eri Sunderland
General Manager
Woodburn Company Stores
cc: Steven L. Craig, President & CEO - Craig Realty Group
Mary Graves, Regional Asset Manager - Craig Realty Group
ATTACHMENT E
From:
To:
Date:
Subject:
Mark Wolf <presidentnwres@yahoo.com>
Jim Allen <jim.allen@ci.woodburn.or.us>
5/14/2007 8:49 AM
New Parking Provisions
cc: Nick Harville <nick@woodburnchamber.org>
Saturday, 12 May 2007
Good morning Jim,
As I mentioned yesterday, I sincerely apologize for being unable to attend the Planning Commission
public hearing last Thursday. I was out of town and while I had hoped to be able to get back in time, it was
impossible.
Because I do not have the personal email addresses of the Woodburn Planning Commissioners, please
forward my comments to them. In addition, please add my email address(presidentnwres@yahoo.com)
to your general noticemailinglist.ldid receive your notice dated April 19 regarding this proposed
ordinance; however, it goes by snail mail to my Bellevue, WA address.
Regarding the proposed ordinance, I would like to thank you and all commissioners for your willingness
to make positive modifications. Any improvement is a step forward - and as a local businessperson - I am
pleased that you are reaching out to encourage business in this community. From my perspective. that is
a major change in philosophy and direction from community leaders. I hope this is a trend that will
continue.
While the concept of joint use parking is new in Woodburn, it has been tried and tested in many
communities nationally and worldwide. I am extremely familiar with the city of Bellevue, Washington -
having served as a planning commissioner (and many other positions) in that community in years past.
Their provisions are far more generous than this ordinance; but this proposal is a major step forward.
As we have discussed in the past, I have tried to bring a movie theater to Woodburn. I have been
thwarted by the parking requirements and the high system development fees. This ordinance would
Improve the chances of a theater (and other gathering uses) in Woodburn by lessening the land costs
necessary to meet the parking requirements.
With the possible exception of the Outlet stores, retail uses in Woodburn are "over parked". The ability
to "share" stalls allows developers and property owners to provide additional stores that may utilize
parking at different times during the day. It also encourages more "mixed-use" projects - a trend that I
hope continues. And into the downtown. I strongly believe that downtown Woodburn could be easily
revitalized by a few simple changes. First and foremost is open and responsive leadership. Secondly is
city hall encouragement with new legislation and economic incentives. Third, is the necessity to
understand that concentrated housing must be located downtown. Fourth is the vision to be different.
And finally, enough lip service. As Nike says "Just 00 It".
Back to the proposed parking changes. Proposed policy 3.105.02 provides for up to 10% of required
parking is provided along a transit route. I would suggest that a provision for reserved carpool stalls
and. or a carpool program in place would also qualify for the 10%.
Daytime uses should also include carpool/van-pool stalls provided on-site. I would prefer to see the
Community De'/€lolJlTlent Director have the decision authority rather than my perceived "red tape" Zoning
Adjustment "joard" LeaSing decisions are often required In a matter of 24 hours - not capable of waiting
-'Jr a board to reVI€'N a Jse.
I :.oli:d also s'.Jggest trat proposed section 3.10502 I 5 b ;:>rovde for a larger distance than 200 'eel. r-,ly
l~i-;8r S Or')f ' \~GC 'f';et lor,g ar,d our [,eN bl,:ld,ng is separated 'JY;Jn entrance dri'/e ,20'+) ;)nd '/3r:ous
parcels. Does the 200 feet apply to one parcel in a shopping center (closest one?) or all parcels if they
are under the same ownership? I also have a joint parking agreement with the corner across Highway
99E from my center; would this apply to that parcel? Finally, if a shuttle is provided, I would suggest that
distance may not be a factor.
And lastly, please provide for a review of the results after implementation. If it is working well; no need
for changes. If it is not; allow for changes to improve the intent and implementation.
\ hope my comments are not burdensome as I believe this proposed legislation is very positive and a
welcome improvement to Woodburn's planning for improved livability and business opportunity.
mark c. wolf
654 Tukwila Drive
Woodburn, Oregon 97071