Res 1874 - Amend Development Ordinance
COUNCIL BILL NO. 2691
RESOLUTION NO. 1874
A RESOLUTION INITIATING CONSIDERATION OF LEGISLATIVE AMENDMENTS TO THE
WOODBURN DEVELOPMENT ORDINANCE FOR THE YEAR 2008
WHEREAS, Section 1.101.08 of the Woodburn Development Ordinance (WOO)
requires the Community Development Director to maintain a list of potential
administrative modifications to the WOO and report these to the City Council on an
annual basis; and
WHEREAS, during the year 2008, the City Council wants to have the City consider
these administrative modifications, together with additional policy-based
amendments to be discussed with the Focus Group, Planning Commission and City
Council; and
WHEREAS, Section 4.101.17 of the Woodburn Development Ordinance requires the
City Council to initiate the consideration of any potential legislative amendments to
the WOO by resolution; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. Pursuant to Section 4.101.17 of the WOO, the City Council, for the
year 2008, initiates review of the potential legislative amendments to the WOO
outlined in Exhibit "A", which is attached to this resolution.
Approved as to form: '-?I,
City Attorney
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
No r 26,
November 28.
November 28,
ATTEST:
Filed in the Office of the Recorder
/l104~
Mary T-eMnant City Recorder
City of Woodburn, Oregon
November 28, 2007
Page 1 - Council Bill No. 2691
Resolution No. 1874
Exhibit "A"
WOO LEGISLATIVE AMENDMENTS FOR 2008
...
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DIRECTOR'S PROPOSED CHANGES
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1. Revise Address the Section 3.106.04, 3.106.04 Conservation of Significant Trees
Conservation issues of how to Page 3.1-42 A. Applicability.
of Significant prevent removal The provisions of this Sectlon apply to the removal of any significant tree and the replacement requirements for significant tree removal. A
Tree section of significant "significant tree" is any existing, healthy tree 24 inches or more in diameter, measured 12 inches above ground level.
of the WOO trees and B. Umitations on Tree Removal.
creating a tree A City slaniflcant tree removal permit shall ge Fe~liir.eEl w.fefJIO'Je 3AY authorize removal of a slanlflcant tree, subject to the following
mitigation fund iXCliiPTION8 standards:
or giving the 1. Three or fewer significant trees may be removed from a lot zoned RS, R1 S or P/SP that is less than 0.5 acrea in area within any
replacement calendar year \WI:lewt a peFmit;
trees to the City 2. One significant tree may be removed from a lot
to plant a. Zoned RS, R1S or P/SP which is greater than 0.5 acrea; or
b. Zoned other than RS, R 1 S, or P/SP within any calendar year witl:lelit a f3eFmil
3. A slanlflcant tree that Is diseased or dangerous tfe4Hnay be removed witl:leyt a peFmit iA aA efJIeFieRsy uoon submission of .
reoort to the Communltv Develooment Deoartment from a certified arborlst documentlna the disease or danaer that reaulres
removal of a sIGnificant tree. A slanlflcant t.... removal oennlt shall be obtained prIor to removal of the tree.
C. Tree Replacement Requirement
The i66YaR68 removal of a significant tree FefJI9'/al permit requires the property owner to replace each tree removed with two new trees on the
same property. Each new tree shall be at least 2 inches in caliper. A tree required by the development standards of the underlying
zone, Section 3.1., or as a condition of permit approval shall qualify as a replacement trea.
In-Lleu-of Mltlaatlon Fee. If no suitable location for the reaulred reolacement treM exists on the orooerty where the treets'
to be removed Is located. the aODllcant mav reolace each slanlflcant treets' and Dav a mltlaatlon fee for each reaulred
reDlac:ement tree that Is not Mtabllshed. The aoollcant shall DaV the mltlaatlon fee Into the CItv's tree fund for an amount of
money of the reolacement treeC.' that would otherwl.e be reaulred. The amount of the mltlaatlon fee shall be established bY
the CItY Council In the Master Fee Schedule. based on the averaae value of a 2-lnch tree available from local nurserle. Dlus
plantina costs. The aDDllcant shall sian a document aooroved by the CItv Attornev that authorlzM the CItv of Woodburn to
detennlne the a ro rlate location for lantln tre financed throu h th In Lleu-of M I atl n F funds
Pending consultant recommendation
D.
2. Downtown
Development
Plan
3. Wrought iron
fence being
required on
outright
permitted
commercial
uses instead
There is not a
trigger for
requiring
wrought iron
fencing on
commercial sites
as art of the
3.107
Create a design guideline that recommends wrought iron fencing versus chain link fencing for fencing in a street yard.
Would other types of fencing be appropriate?
PAGE 1
4,
1.102
5. Local street What is the Section 3.101
width appropriate TSP
width for local
streets?
Cross-reference
... to on-street
W parking
en requirements to
parking
standards in
Section 3.105.
6. Street
Exce tion
7. Street What is the Section 3.101
classifications appropriate TSP
cross-section for
streets?
8. Vision Clarify vision Section 3.103
Clearance clearance Figure 6.4
standard.
Create standard
for DOC where
many buildings
on comer lots
are located in
the vision
clearance area.
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The current definition of an Architectural wall is, "A wall that incorporates at least two colors and/or textures.' Under this definition, an
architectural wall could be a concrete masonry unit (CMU) wall with one side of the CMU split-face. The split face could be alternated on a
few blocks and meet the standards of the current definition for two textures (smooth and split face).
AItemate definition: "A wall that incorporates at least two colors and 1ef.!!!2 textures. An architectural wall may not be olaln DOured
concrete or olaln concrete masonrY unit for more than twelve oercent 112%' of the wall area. An archItectural wall may not be arey
concrete or arey CMU for more than twelve oercent 112%' of the wall area. An architectural wall shall meet, the texture and color
l'8CIulrernentll on the face away from the orooosed develooment. Retalnlna walls should/sha" meet the t.!~~ ~nd color
requirements of architectural walls In or abuttlna residential dlatrlctll: This would allow a 6-foot CMU architectural wall to incorporate
one course 11 % of lain re block as an accent
The Oregon Department of Land Conservation and Development ordered this concept to be addressed as a Periodic Review remand work
item. This concept would require concurrent amendments to the Woodbum Transportation System Plan for consistency. Additional Periodic
Review remand issues include: 1) local street connectivity for a maximum of aOO-foot block length; 2) local street right of way and street
width; and 3) Planned transit services.
Also 3.101.03.8
8. The follOwing additional standards for Local Residential Streets:
1. Local Residential Street with Parking One Side:
a. Required common, onsite parking over and above the parking requirements under other provisions of the
WOO: One (1) space per dwelling unit, located no further than 250 feet from the subject lot
2. Local Residential without Parking:
a. Required common, onsite parking over and above the parking requirements under other provisions of the
WOO: Two 2 s ces r dwellin unit lot, located no further than 250 feet from the sub'act lot
Simplified process for street exception: Existing street meets minimum safety standard; owner signs non.remonstrance agreement Need to
define "minimum safe standard." Limit circumstances for a licabili . Establish traffic eneration threshold for sim Iified rocess.
Numerous existing streets constructed prior to the current WOO do not comply with the cross-section requirements for street width, sidewalk
width, or landscape width. Many of these substandard streets have functioned satisfactorily for decades. Were existing streets intended to be
excluded from these improvement standards? Currently, new development along an existing substandard street must reconstruct the street or
obtain an exce tion to the street cross-section standard. Were the street cross-sections intended onl for new construction?
3.103.10 Vision Clearance Area (See Figure 6.4)
A.- Generally.
A vision clearance area is an area at the intersection of two streets, a street and a drivewayJ or a street and an alley in which
visual obstructions are limited for safety purposes.
8. Stfeet Drivev.'Sy IRteF8eGtieR.
A visieR GleaFaRGe aFea at the iRteF8eGtieR sf a stF8et aAEI a ElFi>leway sllall Be the aFea EleliReateEl as fQlle'N6:
1. A. liRe 8llteREliRfI teR feet fr.em tile iRter:seGtisR aleRg tI:le street Aflllt af way.A liRe ellteREliAg teR feet ffefJI tI:le
iRteF8eOOeA aleRg the siEle sf the ElFi'/sway.
2. A tI:liF4 IiFle that GFeate8 a triaAgYlar visieR GleaFaREle area by s9AAeGtiAg tile eREls sf the IiRes Se8GriBeEl iFl SeelIG..
a.1~.1o.& 1. 1M" 2.
PAGE 2
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CHANG_f.;-'};!::' ADDRESSEd"V
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0\
9. Update use Update Table
table 6.104
10. Legal Definition
ro
11 _ Update
NAICS
classification
cross-
references for
uses
12. Codi
Section 6.104
1.102
2.101, possible
changes to
individual zoning
districts
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Th. ...isien sl.ar-aRs. aFea fer stFeet te alley intersestieRs shall be fer:meEl as in Beetle,. 2.103.1Q..8. witR 'egs Gf 10 feet alaAg
tI:l. iRteraeetiRg street SREI alley rights ef w9ll.
Street Stfeet IRteF88EltieR.
The 'Asien SleafaREl8 aFea fer street t9 &treet iRteraeGtiens Shall be feFmeEl as in SestkHJ 2.102.1Q..8. with le9s Elf 30 feet aleFlg
tt:l. iRteraeGtiRlI street rights Gf way.
B. Extent
1.
D.
At the Int....ectlon of two streea. the vision cl.aranc. ar.a Is d.flned by a combination of the followlna IIn..:
two lot IIn.. adlac.nt to . street which Int....ect In fact or bv .xtraDOlatlon. and a line drawn acros. the
comer of the lot so as to loin the nonlnteraectlna ends of the two lot IIn.. at a dlstanc. of thirtY 130) feet from
the DOlnt of th.lr Int....ectlon.
At the Intentectlon of a street and an all.y or driveway. the vision cl.aranc. area I. defined by a combination
of the followlna IIn..: two lot IIn.. adlacent to the street and the all.v or driveway which Intersect In fact or
bv .xtraDOlatlon. and a IIn. drawn across the comer of the lot so as to loin the nonlntersectlna .nds of the
two lot 11n.. at a distance of ten 110) feet from the point of th.lr Intersection.
WIthin the DOC zone. the curb face of the street shall be used to defln. the vision cl.arance area.
If a street Is sublect to a Soeclal Setback under Section 3.1 03.05. the Soeclal S.tback shall be used to d.flne
the vision clearanc. area.
e ~. Prohibited Development
A vision clearance area shall contain no plants, fence; wall, structure, sian. oarklnG soace. loadinG soac.. or temporary or
permanent obstruction exceeding 30 inches in height [measured from the top of the curb or, where no curb exists, from the
established street centerline grade}, EXCEPT as follows:
1. Trees, provided branches and foliage are removed to a height of 7 feet above grade;
2. Telephone, power and cable television poles;
3. Telephone and utility boxes less than ten inches at the widest dimension; and
4. Traffic control signs and devices.
Authorltv to Modify
The Communltv D.velopm.nt Director. with the written concurrence of the Public Works Director. shall have the
authorltv to modify the standards for a vision clearanc. area uoon flndlna that the waiver 18 aDDrooriat. due to one-
wa traftl attems
This table lists the uses authorized by each zoning district. This table also identifies process for such use (permitted. special permitted use,
conditional use, etc.). The table has not been updated since the WOO was initially adopted and has numerous changes due to new chapters
being added. This type of table can be useful in determining where a use is allowed within the City in one source location. Update table,
delete cha ters, exce t develo ment standards?
"Lot" is defined as a lot in a subdivision. "Parcel. is defined as a parcel in a partition. Other properties are described by metes and bounds
description and do not fall into either category of "lor or .parcel..
Should North American Industry Classification System (NAICS), be updated to use the current version of the system? The NAICS is a product
of Office of Management and Budgefs Economic Classification Policy Committee. The City has adopted the 1997 version and the NAICS has
been updated twice since then, in 2002 and 2007.
2.
3.
4.
D.
ORS 227.186 Notice to prop.rty owners of h.arin on certain zone chan e; form of notlc.;
PAGE 3
...
w
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notification
requirements
for 'Measure
56. rezoni
13. Use
Classification
s in the WOO.
Update the
list to include
aU uses
14. Complete
series for
existing
language that
was included
in subsection
"a. by adding
subsection "b"
and relabeling
successive
subsections
15. Manufactured
dwelling
construction
standards
16. Duplex in RM
zone
minimum lot
size
17. .Plant Unir
definition
18. Organization
and Structure
1.101.02.C
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Section 6.104,
Pages 6.104-1 to
27
Section
2.113.04.A.3
2,203.16.F
2.104.06.8, Table
2.1.5,2.102.06.8,
Table 2.1.1
1.102, 3.106
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3. The following uses and activities are prohibited within the RCWOD:
a. New residential, commercial, industrial, or public/semi-public construction;
J!....Expansion of existing buildings or structures;
~Expansion of areas of pre-existing non-native omamentallandscaping such as lawn, gardens, etc.;
G!LDumping, piling, or disposal of refuse, yard debris, or other material.
F. Energy Efficiency.
The manufactured home shall be certified by the manufacturer to have an exterior thermal envelope meeting performance standards wAiGR
FeElwse level. equivalent to the performance standards required of single-family dwellings constructed under the state Building Code as
defined in ORS Chapter 455,
Conflicting language needs clarification. RM zone requires 8,000 square foot lot size for a duplex and requires that lots in the RM comply with
Table 2.1.1. Table 2.1.1 requires a duplex on a comer lotto have a minimum lot area of 10,000 square feet
The current definition is, "the quantity of specified plant materials necessary for 20 square feet of surface area." The standard in 3.106.03.E
requires one plant unit per 50 square feet, creating a conflicting standard from the definition.
Should new provision be added to clarify terms?
1. The tenn "shall" Is mandatory.
2. The tenn "should" Is dlscretlonarv.
3. The tenn "mav" Is oermlsslve.
... The tenn "standard" Indicates a mandatorv reaulrement. The declslon-maker shall reaulre conformance with a standard
unless a variance. zoninG adlustment. exceDtlon. or other relief has been aranted.
5. The term "auldellne" Indicates a norm that I. acceoted In the communltv. The decision-maker shall reaulre conformance
with a auldellne unless It find. that the Guideline i. unwarranted. unnec....ry. dUDllcatlve. or unreasonable under the
oartlcular clrcumstanc... or that the Intent of the auldellne has been subetantlallv met.
Also defined is "a roval standard" in WOO 1.102.
PAGE 4
21, Incorrect
homophone
22. Create
consistent
language
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23. Correct cross-
reference
24. Clarify cross-
reference
25. Use
consistent
Ian ua e
26. Correct
s ntax and
. .,Dqtt
;~~tC~l
2.102.06.0.1, "Yard" is defined, but is generally open area on a property that contains a building.
2.102.06.D,2, etc. "Setback" is defined, but is generally the minimum distance between a property line and a building.
Amend ordinance to eliminate "Yard Setback" and use the term "Setback" when meaning the minimum required distance for the improvement
from a property line.
Interior Setback:
24 ft. from any portion of I primary building 16 ft. or less in height
30 ft. from any portion of a primary building 16.1 !Sa to 2B ft. in height
36 ft. from any portion of a primary building 28.1 !L to 35 ft. in height
24 ft. from any portion of maiA . Drlmarv building 16 ft. or less in heigh~
30 ft. from any portion of a maiA orlmarv building mere tI:laR 16.:1 ft. aRllless tI:laR 12 28 ft. in heigh~
36 ft. from a rtion of a maiA rima buildin fJIeFe tAaR 28. ft. aFlElless tI:IaR to 35 ft. in hei ht
Reasonable Facility and Service Needs. The proposed industrial or commercial use of the territory does not require the expansion of
infrastructure, additional service capacity, or incentives that are in excess of the costs normally befA borne by the community for
deve
2.203.16.G and I G.
Table 2.1.7
5.104.01.0.2.g
I.
Garage or Carport.
The manufactured home shall have a garage or carport of like materials. An attached or detached garage in lieu of a carport shall be
required where such is consistent with the prellefJIiRate Dredomlnant construction of immediately surrounding dwellings.
Predominant Material and PFellefJIiRate Predominant Construction.
As used in Section 2.203.1', "predominant material" and "predominant construction" shall be the material used on the majority of the
dwellings in the review area. If there is no majority of dwellings using the same material, then the material used on the largest plurality
of dwellings in the review area shall be the predominant material.
2.201.06.0.1.a.1.b O.
Setback and Buffer Improvement Standards.
1. Front Yard Setback and Setback Abutting a Street
a. Dimensions:
1) The minimum setback abutting a street, or front property line shall be 20 feet plus any Special Setback,
Section 3.103.05, EXCEPT:
a) For flag lot that provides a minimum setback of 12 feet in all yards; or
b) When the existing pattem of development requires the application of Sect/on 2.102.0tJ.C[2.1.a.2).
2) When the lots abutting a vacant properly are already developed and front the same street, the minimum
setback abutting the street for the subject property shall equal the average setback of the existing, abutting
residential buildin s Ius or minus 5 feet, but in no case shall be less than 10 feet.
Interior Side and Interior Rear Yard Setbacks
a. Development in an RM zone, except for a single family dwelling and duplex dwelling, shall be subject to the setback and
buffer requirements of Table 2.1.7.
b. A single family dwelling or duplex dwelling in the RM zone shall be subject to the setback and buffer improvement standards
in Section 2.102.0
Architectural Design Guidelines and Open Space Standards.
1. Myltillle EleRsi~' resigeRtial bYikJiflgs MultlDle family dwelllnas shall be subject to the design standards or guidelines of
Section 3.107.05.
Lot Standards.
2.104.06.D.2.b 2.
2.104.07.C.1 C.
2.109.06 A.
PAGE 5
28. Correct
reference to
document
that does not
exist
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1.105.03.C
2.116.05
C. Review and Tentativ Approval of Plats and Planned Unit Developments.
The Commission shall have the duty and power to review and tentatively approve plats, replats and planned unit developments of
land laid out in lots, including the streets, alleys, and other portions of the same intended to be dedicated for public or private use
within the C' of Woodbum sub' ect to review or a eal to the Ci Council.
2.116.015 Administration
Section 2.111 delineates responsibilities of the City and ODOT to monitor and evaluate vehicle trip generation impacts on the 1-5
interchange from development approved under this section.
A. Traffic Impact Analysis (TIA)
A T1A is required for all land use applications subject to the provisions of Sectlon 2.111. Tf:Ie staRElaF4a ~r PFepaFiAII a TIA
aFe ~lIAd iR Iixllibit Q, TFaRSpeFtatieR IfJlf3ast AAalyaia Reqliir-emeRta. The TIA must meet City and ODOT administrative rule
(OAR Chapter 734, Division 51) requirements and shall include an evaluation and recommendation of feasible transportation
demand management (TOM) measures that will minimize peak hour vehicle trips generated by the proposed development
B. OOOT Coordination
For a land use application subject to the provisions of Section 2.111:
1. The City shall not deem the land use application complete unless it includes a TIA prepared in accordance with
&lIlIibit Q, TIA Requirements.
2. The City shall provide written notification to ODOT when the application is deemed complete. This notice shall
include an invitation to ODOT to participate in the City's facilities review meeting.
3. ODOT shall have at least 20 days to provide written comments to the City, measured from the date the completion
notice was mailed. If ODOT does not provide written comments during this 20-day period, the City's decision may be
issued without consideration of ODOT comments.
PAGE 6
1.
2.
3. Should sign
ordinance be
revised?
4. Neighborhood Should NCOD 2.112
Conservation area be
Overlay expanded?
District
5. Residential
occupancy
limitations
6. Tree Species Should street 6.103
tree species be
reviewed?
7. Decision Was the intent to 4.102.03
.... Expiration allow
.jlo
0 development Example:
authorizations to Salem- 2 years
be valid for a
specific period,
with final
establishment
within additional
time limits?
Should decision
time lines be
evaluated?
8. Variance 5.103.11
u se
9. Landscaping Should 3.106
landscaping
credit be allowed
for hardsca ?
10. Flag pole Should a flag Apply in residential
setbacks pole meet zones only?
structure
setbacks?
Citizen request for modification of the area that includes the Neighborhood Conservation Overlay Districts to include area west of Settlemier
Avenue and from Thom Street to Parr Road on the east side of Settlemier Avenue.
Tree species that are not on the list are regularly suggested by developers during the review process.
Should fountains, omamental fences or walls, boulders, brick or concrete pavers, planters, benches, or other art be credited for equivalent
landscaping points?
Limit the percentage of hardscape (landscape amenities) that can be used to qualify for plant unit point credit.
Possibly similar to zoning district height exception but consider for setbacks.
PAGE 7
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Should
annexation
include
application of
zoning?
12. Design
Review
...
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...
13. Provide 10-
day Notice
prior to public
hearin
14. Provide
Notice of
hearing to
owners within
100 feet of
subject
ro
15. Park planning
16. Parking for
drive-through
establishment
s
17. Home
Occupations
18. Bed and
breakfast
19. Non-
Should the 3.105
parking
standards be for
drive-through
businesses?
Should home 2.203.12
occupations be
allowed in
dwellings other
than single-
fami ?
Should a bed Residential zones
and breakfast be
allowed other
than in the
NCOD?
Should the 1.104
What should
trigger design
review?
5.101,5.102,
5.103
4.101.09
4.101.11
4.101.09
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Community Services Department to complete evaluation of possible changes for parks master plans - Centennial, Legion, and Settlemier
Parks.
Businesses such as coffee drive-through sops are typically required to establish parking spaces consistent with a restaurant (10 spaces plus 1
1200 square feet of building.
Home occupations denied in apartments in 2005 - 3; in 2006 - 4.
Can parameters be established that would authorize certain home occupations to occur in dwellings other than single-family dwellings?
Section 1.104.05 also cross-references Design Review 5.102 and 5.103.
PAGE 8
...
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PROPOSEI);,^y,t!f# ISSUE,TO
CHANGE~:iYit:\f: ADDRESSi
conforming concepts of a
uses and non-conforming
non- use and non-
conforming conforming
structures. structure be
separately
addressed?
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PAGE 9