Ord 2446 - Amend Ord 2313 WDOCOUNCIL BILL NO. 2743
ORDINANCE NO. 2446
AN ORDINANCE AMENDING ORDINANCE 2313 (THE WOODBURN DEVELOPMENT
ORDINANCE) TO MAKE CERTAIN TEXT REVISIONS.
WHEREAS, the Woodburn City Council passed Resolution 1874 on
November 26, 2007 initiating review of the Woodburn Development Ordinance;
and
WHEREAS, revisions to the Woodburn Development Ordinance were
considered by the Woodburn Planning Commission at a public hearing on June
12, 2008; and
WHEREAS, the Woodburn Planning Commission made its final
recommendation to the Council on June 12,2008; and
WHEREAS, the Council conducted a public hearing on these revisions on
August 11, 2008; 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.,
deleted +o„+). 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 1.101.02.0 of Ordinance 2313 (the Woodburn
Development Ordinance) is added to read as follows:
"C. As used in the WDO:
I . The term "shall- is mandatory.
2. The term "should" is discretionary.
3, The term Boma "tl �s ermNss�
4. The term "standard" indicates a mandatorv re uirement. The
decision -maker shall re vire conformance with a standard unless a
Page 1 - COUNCIL BILL NO. 2743
ORDINANCE NO. 2446
variant minadd stm � rt e ce tion or other relief has been
granted.
5. The term "guideline" indicates a norm that is eccetedin the
community. The decision -maker shall re a"rre conformance with a
guideline unless it finds that the auidefine is unwarranted
unnecessaa, duplicative, or unreasonable under the articular
circumstances or that the intent of the -guideline has been
substantially met."
Section 3. Section 1.102 of Ordinance 2313 is amended to read as follows:
"Lot: A lot or parcel created by subdivision or partition in compliance with
ORS Chapter 92 and applicable zoning and subdivision ordinances or a
unit of land created by deed or land sale contract recorded before
subdivision requirements, or partition reuirements in the,City of Woodburn
A ril 16 1963 or for land in Marion County not Yet incorporated in the
City of Woodburn prior to major partition regulations Au ust 8 1962 and
minor .partition regulations September 11, 1977y exclusive of units of land
created solely to establish a separate property tax account."
Section 4. Section 1.102 of Ordinance 2313 is amended to read as follows:
"Wall Architectural: N fry ire leap r
#e es. A brickpoured concrete recast concrete or CMU wall that
has an earth tone coloration other than grey on at least ei ht -ei ht
ercent 8 .) of the surface; incur orates at least two colors; is
architecturally treated with scoria texture or pattern on at (least eighty-
eight
i ht -i ht percent 88 of the surface; and is provided with an anti -graffiti
surface."
Section 5. 1.102 of Ordinance 2313 is amended to read as follows:
"Plant Unit: The quantity of specified plant materials, _er table 3.1.5.
ressy � _ eerr- -srfec �"-'
Section 6. Section 1.105.03 of Ordinance 2313 is amended to read as
follows:
"C. Review and Tentatively -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
Page 2 - COUNCIL BILL N(. 2743
ORDINANCE NC 2446
lots, including the streets, alleys, and other portions of the same intended
to be dedicated for public or private use within the City of Woodburn,
subject to review or appeal to the City Council."
Section 7. Section 2.102.06 regarding yard setbacks is amended to read
as follows:
"D. Setback and Buffer Improvement Standards.
1.. Minimum Front YAaFd Setback and Setback Abutting a Street:
2. Minimum Interior Side 4Grd and Interior Rear 44a�d Setbacks
a. Dimensions:
1) Side fid -Setback. The minimum side mrd
setback shall be 5 feet EXCEPT for a flag lot. The
side fid -setback for a flag lot may be either one
of the following:
a) 12 feet, when all y-Grd setbacks are a
minimum of 12 feet; or
b) 5 feet, when the rear mrd setback
complies with dimensions of Section
2.102.06.C.2.a.2)a).
2) Rear YaFd Setback.
a) The average rear y4wd setback (as defined
in Section 1.102) for all lots, EXCEPT a flag
lot shall be:
b) The minimum rear yGFd setback for a flag
lot shall be either one of the following:
(i). A minimum] 2 feet, when all y4ar-d
setbacks are a minimum of 12 feet;"
Section 8. Section 2.103.06 regarding yard setbacks is amended to read
as follows:
"C. Setback and Buffer Improvement Standards.
1. Minimum Front pfd Setback and Setback Abutting a Street:
2. Minimum Interior Side -Y4afd and Interior Rear Yafd-Setbacks.
a. Dimensions:
1) Side Yard Setback. The minimum side yGFd
setback for all lots shall be 5 feet, or 7% of the lot
width, whichever is greater.
2) Rear Setback: The minimum rear y-Gfd setback
for all lots shall be 5 feet.
b. Off Street Parking and Maneuvering:
1) Off street parking, maneuvering and storage shal
be permitted in the side and rear y-Gr4 setback
Page 3 - COUNCIL BILL NO. 2743
ORDINANCE NO. 2446
subject to applicable Special Use and Accessory
Use standards, .Sections 2.203.03 and 2.201."
Section 9. Section 2.104.06 regarding yard setbacks is amended to read
as follows:
"D. Setback and Buffer Improvement Standards.
1. Minimum Front YGfd Setback and Setback Abutting a Street:
2. Minimum Interior Side and Interior Rear fid -Setbacks."
Section 10. Section 2.105.05 regarding yard setbacks is amended to read
as follows:
"C. Setback and Buffer Improvement Standards.
1. Minimum Front YGFd Setback and Setback Abutting a Street:
2. Minimum Interior Side and Rear 4GFd Setbacks."
Section 11. Section 2.106.05 regarding yard setbacks is amended to read
as follows:
"C. Setback and Buffer Improvement Standards.
1. Minimum Front YeFd Setback and Setback Abutting a Street:
2. Minimum Interior Side and Rear fid -Setbacks."
Section 12. Section 2.109.06 regarding yard setbacks is amended to read
as follows:
"C. Setback and Buffer Improvement Standards.
1. Minimum Front Y-E� Setback and Setback Abutting a Street:
2. Minimum Interior Side and Rear fid -Setbacks."
Section 13. Section 2.110.06 regarding yard setbacks is amended to read
as follows:
"C. Setback and Buffer Improvement Standards.
1. Minimum Front Yaf-d Setback and Setback Abutting a Street:
2. Minimum Interior Side and Rear YGFd Setbacks."
Section 14. Section 2.11 1.05 regarding yard setbacks is amended to read
as follows:
"C.
Setback and Buffer Improvement Standards.
1. Minimum Front Ya�d Setback and Setback Abutting a Street:
2. Minimum Interior Side and Rear -rd Setbacks."
Page 4 - COUNCIL BILL NO. 2743
ORDINANCE NO. 2446
Section 15. Section 2.1 14.08 regarding yard setbacks is amended to read
as follows:
"C. Setback and Buffer Improvement Standards.
1. Minimum Front Yard Setback and Setback Abutting a Street:
2. Minimum Interior Side and Rear Y -G d Setbacks."
Section 16. Section 2.1 15.02 regarding yard setbacks is amended to read
as follows:
"D. Development Standards for Small Lot Single Family Residential
Developments. The following development standards shall apply
only to small lot single family residential developments. Standards
for other developments and uses shall comply with the RS zone.
1. Minimum Front -Y� Setback and Setback Abutting a Street
2. Minimum Interior Side YGFd and Interior Rear YGFd Setbacks.
a. Dimensions:
1) Side YGFd Setback. The minimum side d
setback shall be 5 feet.
2) Rear Y44fd Setback. The average rear y-Grd
setback (as defined in Section 1.102) shall be 20
feet."
Section 17. Section 2.1 15.03 regarding yard setbacks is amended to read
as follows:
"C. Multi -Family and Duplex Residential Development Standards.
1. The setback abutting a street and the front y-Grd setback for
multi -family and duplex residential uses shall be a minimum of 10
feet and a maximum of 15 feet, EXCEPT where:
2. Rear and sided setbacks shall be a minimum of 10 feet,
EXCEPT where:
D. Attached Single Family Dwelling (Row Houses) Development
Standards.
1. Minimum Front YG4d Setback and Setback Abutting a Street:
a. Off Street Parking, Maneuvering and Storage:
1) Vehicular access directly to a public street is
prohibited and alley access to garages facing
the alley is required. Off street parking and
storage shall be prohibited within a required front
y-�d setback or any yard abutting a street.
2. Minimum Interior Side YeFd and Interior Rear d Setbacks.
Page 5 - COUNCIL BILL NO. 2743
ORDINANCE NO. 2446
a. Dimensions:
1) Side YGfd Setback. The minimum side
setback shall be 0 feet, EXCEPT for corner lots, in
which case, the minimum street side
setback shall be 15 feet.
2) Rear YGFd Setback. The average rear yGird
setback (as defined in Section 1.102) shall be 20
feet.
b. Off Street Parking, Maneuvering and Storage:
1) Off street parking, maneuvering and storage shall
not be permitted in a side yGr4 setback."
Section 18. Table 2.1.7, Interior Yard and Buffer Standards for RM Zones of
Ordinance 2313 is amended to read as follows:
TABLE 2.1.7 Interior Yard and Buffer Standards for RM Zones
Abutting Property
landscaping
Wall
Interior Setback
RS or RIS zone; or
All interior yards
Solid brick or
24 ft. from any portion of a
shall be fully
architectural wall
primary building 16 ft. or
Existing single family
landscaped
with anti -graffiti
less in height.
or duplex dwelling
subject to Section
surface, no less than
3.106.
6 feet or greater
30 ft. from any portion of a
than 7 feet in height.
primary building 16.1 ft. to
28 ft. in height.
36 ft. from any portion of a
primary building 28.1 ft. to
35 ft. in height.
RM, P/SP or CO zone; All interior yards shall Wall requirements shall 24 ft. from any portion of
or be fully landscaped be determined in PAPin a primary building 16
subject to Section conjunction with the ft. or less in height.
Existing medium density 3.106. applicable Design
residential unit Review process. 30 ft. from any portion of a
prima ry building
n4ore-4hGn 16.1 ft. GRd-less
fhGR to 28 ft. in height.
36 ft. from any portion of a
.Primary building
f*�or--ia,R 28.1 ft. GRGI4ess
#K4R to 35 ft. in height.
Page 6 - COUNCIL BILL NO. 2743
ORDINANCE NO. 2446
Section 19, Section 2.102.06 of Ordinance 2313 is amended to read as
follows:
D. 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:
b) When the existing pattern of development
requires the application of Section
2.102.06.CD. 1.a.2)."
Section 20. Section 2.104.06, Dimensional Standards of Ordinance 2313 is
amended to read as follows:
"B. Lot Standards.
Lots in an RM zone shall comply with the standards for the subject
use described in Tables 2.1.1 sin le-famil dwellin oni ), 2. 1.5 and
2.1.6."
Section 21. Section 2.104.06.D, Dimensional Standards of Ordinance 2313
is amended to read as follows:
"2. 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 2.102.06.C--."
Section 22. Section 2.104.07, Development Standards of Ordinance 2313
is amended to read as follows:
"C. Architectural Design Guidelines and Open Space Standards.
1. �t l shy... �id� ti i �� Multi le to iil d elfin .
shall be subject to the design standards or guidelines of
Section 3.107.05."
Page 7 - COUNCIL BILL NO. 2743
ORDINANCE NO. 2446
Section 23. Section 2.109.06 is amended to read as follows:
"A. Lot Standards.
Lots in e the IP zone shall comply with the applicable standards of
Table 2.1.15."
Section 24. Section 2.113.04.A of Ordinance 2313 is amended to read as
follows:
"3. The following uses and activities are prohibited within the
RCWOD:
a. New residential, commercial, industrial, or public/semi-public
construction;
b. Expansion of existing buildings or structures;
6c. Expansion of areas of pre-existing non-native ornamental
landscaping such as lawn, gardens,. etc.;
Ed. Dumping, piling, or disposal of refuse, yard debris, or other
material."
Section 25. Section 2.116.05, Administration, of Ordinance 2313 is
amended to read as follows:
"Section 2.116 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 TIA is required for all land use applications subject to the
provisions of Section 2.116. T4:4 fer__,--1 Actir-e
found in Ex
Trate yss tr T
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
(TDM) measures that will minimize peak hour vehicle trips generated
by the proposed development.
B. ODOT Coordination
For a land use application subject to the provisions of Section 2.116:
1. The City shall not deem the land use application complete
unless it includes a TIA prepared in accordance with Vii#
Q, TIA Requirements.
2. The City shall provide written notification to ODOT when the
application is deemed complete. This notice shall include an
Page 8 - COUNCIL BILL NO. 2743
ORDINANCE NO. 2446
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."
Section 26. Section 2.203.16, Manufactured Home on a Lot, of
Ordinance 2313 is amended to read as follows:
"F. Energy Efficiency.
The manufactured home shall be certified by the manufacturer to
have an exterior thermal envelope meeting performance
standardsequivalent to the performance
standards required of single-family dwellings constructed under
the state Building Code as defined in ORS Chapter 453."
Section 27. Section 2.203.16, Manufactured Home on a Lot, of
Ordinance 2313 is amended to read as follows:
"G. 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 pfe4on444eAe
predominant construction of immediately surrounding dwellings.
Predominant Material and redone Predominant Construction..
As used in Section 2.203.16, "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."
Section 28. Section 3.103.10, Vision Clearance Area, of Ordinance 2313 is
revised to read as follows:
Page 9 - COUNCIL BILL NO. 2743
ORDINANCE NO. 2446
A vision clearance area is an area at the Nntersection of two streets
a street and a drivewa or a street and an aIle in.which visual
obstructions are
B. Extent.
I At the intersection
formed by a combination of the following lines: a line
extendib30 feet from the two lot lines a t to a street
andl a third at
connects vision
clearance area,
2. At the infersection of a street and an aNle the vision
clearance area is formed by a combination of the following
I rsecfion alon the
back of curb a line extendip
_g ten feet from the property.line
gtgng. the alley and a line drawn across the corner of the lot
that connects the ends of the lines creatin a Irian ular
vision clearance area.
3. At the intersection of a street and a clrivewa the vision
clearance area is formed by/ a combination of the followir)
lines, .aline extendir ten feet from the intersection cion the
back ofcurb of the
drivewav a third line drawn across the corner of the
connects the end's of the lines creatina a tria!!p uNar vision
clearance area.
4. Within the DDS zone the vision clearance area is b�
a combination of the followi lines: a line extendin feet
from the two curb Nines and a Third line drawn across the
corner of the lot that connects, the ends of the lines crea�fin
a tri 3ngular vision clearance area.
5. If a street is subiect to a Special Setback under Section
3,103.05, the Sr)ecial. Setback shall be used to define the
vision clearance area.
C. Prohibited Development,
A vision clearance area shall contain no plants, fence, wall,
structure, sin arkin s ace. loading saace or temporary or
permanent obstruction exceeding 30 inches in height
Page 10 -COUNCIL BILL NO. 2743
ORDINANCE No. 2446
[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.
name
The Community_DeveNo ment Director with the written
concurrence of the Public Works Director
shall have the
clearance area
upo on finding that the waiver is a - proigriate due to one-way
traffic patterns."
Section 29. Table 3.1.5 of Ordinance 2313 is amended to read as follows:
TABLE 3.1.5 Definition of a Plant Unit (PU)
. . ............
Material Plant Unit Value Size
. . ....... . ......
1. 1 Significant Tree 15 PU Minimum 24" Caliper
2. 1 Large Tree, Section 6.103
10 PU
Min. 10' Height or 2" Caliper
3. 1 Medium Tree, Section 6.103
8 PU
Min. 10' Height or 2" Caliper
4. 1 Small Tree, Section 6.103
4 PU
Min. 10' Height or 2" Caliper
5. 1 Large Deciduous or Evergreen
shrub (at maturity over 4' wide x 4'
1 2 PU
Min
Minimum 3 gallon or balled &
I� high)
burlapped
6. 1 Small to Medium shrub (at maturity
maximum 4' wide x 4' high)
I PU
Minimum I gallon
7. Lawn or other living ground cover
I PU/50 square feet
8. Berm
L.M10 1, Cleal feet
Minimum 2 feel high
9. Ornamental fence
I PU12Q1r_iea1.feet
216fee�
10. Boulder
I PU
MunimLLn2 2 feet bLgh
11. Sundi B -taV liskm azin
_gnq__gnD1_g__g
2 PU
MLILlrilL �rn 1-fgfLI�igh
ball
iin
3 PU
Minima m 3 felt h
Page I I -COUNCIL BILL NO. 2743
ORDINANCE NO. 2446
TABLE 3.1.5 Definition of a Plant Unit (PU)
Material Plant Unit Value Size
13.fien� ,h or chair ,5 PU/ IL
neal ot
..--—
14.Raised. lantana bed �constructed of .5 PULLingal forst iurn I foqLt�i�h
brick, stone or similar giate6al )tgf m�inin]L rn I footAtide in least
EXCEPT CMU MW92JA!�� Q_
interior dimension
No more _Lhan tyvefAy_percqntL2� U17o of th.e
lines 9_thMLgbJ4,
Section 30. Table 3.106.04, Conservation of Significant Trees of Ordinance
2313 is amended to read as follows:
A. "Purpose.
The �oose�of this �Sec�tion J�so,establish processes and standards
which will minimize cutti . .... or destruction of si nificanit tremas
the Cit s by creatjDg a
sense s,i nificant trees
-mined to be
hazardous
B. Applicability.
The provisions of this Section apply to the removal of any significant
tree and the replacement requirements for significant tree removal.
A "significant tree" is any existing, healthy tree 24 inches or more in
diameter, measured 12 inches above ground level.
C. 4R44G#GPrGR-Tf-E)e-RemG*W Review Prior to Removal.
A Qfy i nificant tree removal permit shall
G -Ry be reviewed aLpjype I aprAication to authorize the removal of
a sianific..ant tree., subject to the following EXCEPTIC44-:
The r)ror)ertv ownpr shall
regl'g(Le each trDe removed with fwn new tref�s, A tree
r the zone Section
Page 12 -COUNCIL BILL NO. 2743
ORDINANCE NO. 2446
WMAY =1 I Mh I
Z
----------------
, M61 0
3. A d4eGse4-of dangerous tree may be removed pLigr to
pbtainiing, witheut a permit in an emergency, and the owner
shall a within three da /s for the removalperm,
to this Section. Any significant tree removed under this
provision shall be re laced in accordance with Section
3.106.04.D.
D. Tree Replacement Requirement.
The issuance of a significant tree removal 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. Each tree re laced should bo of a s ecies not on the
prohikifed tree list Section 6.103 as these frees are not
recommen Jed for their rye afive attributes. The r'e lacement free
should be of the same size rgi1ge at matur
�as th�es gnificant tree
s_hG4-qU44Y, The property owner shall choose
the method of replacement.
b Y:
1. Planting two trees on the subi act mpert -
Y,
fr. Plantil Q one tree onn the subject property ond ong. frpt= ait a
I_
location determined the Woodburn Commun
ifx/ 1Z,=rkAces
Depcirtment, or
I Planting one tree on
fee -
in -lieu to the Woodburn Commur-0ty Services De artment for
the planting_gf_one tree afi a future time_by the City.
Page 13 -COUNCIL BILL NO. 2743
ORDINANCE No. 2446
E. in -Lieu -of Miti anon I"ee. Theo ert owner shallniti� tion
fee for each re wired re lacement tree that is not lantedrs
want
to Section 3.10,04,D.3. Thea licant shal'i a the miti ation fee
into the Cit 's tree fund. The amount of the mini anon fee shall be
established b the Cit Cpuncil in the Master dee Schedule based
on the avers e valie of a 2 -inch caNi er tree available from local
nurseries lus lantin costs."
Section 31. Section 3.107.09, Architectural Walls of Ordinance 2313 is
added to read as follows:
"A. A.: licabilit .
This section shall a l to re wired architectural walls in all zonin districts..
1. An architectural wall shall meet the texture color and articulation
re uirements on the face away from f p propo develo ment.
2. An architectural wall should meet the texture color and articulation
re uirements pn the face toward fhe ro osed develomeat.
3. An architectural wall shall have a minimum 3" horizontal articulation of
at least l linear foot of the wall of intervals not more than 40 feet and
4. An architectural wall .shall have a minimum " vertical articulation of
at least 1 linear foot of the wall of intervals not more than 40 feet.
C. Retaining walls
Retainin walls should shall meet the texture and color re uirements of
architectural walls in or abuttin residential districts where the texture and
color re uirements apply to the visible face of the retainin wall."
Section 32. Section 4.101.09 of Ordinance 2313 is amended to read as
follows:
"A. Mailed Notice.
2, Type III or IV. Notice for all initial evidential public hearings
concerning Type III and IV decisions shall conform to the
requirements of this subsection. At least 2010 days before a Type
III initial evidentiary hearing, or at least A1C days before the first
Page 14 -COUNCIL BILL NO. 2743
ORDINANCE NO. 2446
Section 33. Section 4.101.11 of Ordinance 2313 is amended to read as
follows:
"All Public hearings pertaining to Type III and IV permits, whether before the
Planning Commission, Design Review Board, or City Council, and any
appeal or review for a Type 11, 111 or IV permit, shall comply with, the
procedures of this Section. In addition, all public hearings shall comply
with the Oregon Public Meetings Law, the applicable provisions of ORS
197.763 and any other applicable law.
A. Scheduling.
B. Public Hearing Notice.
Section 34. Section 5.103.11, Variance, of Ordinance 2313 is amended to
read as follows:
A. "Criteria.
WDO develojqomm,e�ntstta�ndard where the followi- criteria is met:
Strict adherence to the WPO standards is not possjibLe or
imPOsesan excessive burden on the .property )wner, and
2. Variance to the standards will not unreasonabl im act
adiacent existing orgo2ojtgennjtiaqluses uses d�ievo meat.
11MMUMLIA' W • • - 0 0 -
Page 15 -COUNCIL BILL NO. 2743
ORDINANCE NO. 2446
Standards set by statute relating to siting of manufactured homes
on individual lots; siding and roof of manufactured homes; and
manufactured home and dwelling park improvements are non -
variable.
standards are allowed by a T
ype 11 Zoning Adiustment Section
5.102.03.
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:
Street and Utility Plan as applicable; and
2. Site Plan
C. Factors to loe Considered. C;FiteFif. A determination of whether the
criteria set forth are satisfied necessarily involves the balancing of
competing and conflicting interest. The factors that are listed to be
considered are not criteria and are not intended to be an exclusive
list. The factors to be considered are used as a guide in
deliberations on the application.
1. The variance is necessary to prevent unnecessary hardship
relating to the land or structure, which would cause the
property to be unbuildable by application of the WDO.
Factors to consider in determining whether hardship exists,
include:
a. Physical circumstances over which the applicant has
no control related to the piece of property involved
that distinguish it from other land in the zone, including
but not limited to lot size, shape, topography.
b. Whether reasonable use similar to other properties can
be made of the property without the variance.
Whether the hardship was created by the person
requesting the variance.
2. Development consistent with the request will not be
materially injurious to adjacent properties. Factors to be
Page 16 -COUNCIL BILL NO. 2743
ORDINANCE NO. 2446
considered in determining whether development consistent
with the variance materially injurious include but are not
limited to:
a. Physical impacts such development will have because
of the variance, such as visual, noise, traffic and
drainage, erosion and landslide hazards.
b. Incremental impacts occurring as a result of the
proposed variance.
3. Existing physical and natural systems, such as but not limited
to traffic, drainage, dramatic land forms or parks will not be
adversely affected because of the variance.
4. The variance is the minimum deviation necessary to make
reasonable economic use of the property;
The variance does not conflict with the Woodburn
Comprehensive Plan."
Section 35. Section 5.104.01 .D.2.g of Ordinance 2313 is amended to read
as follows:
"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 bem borne by the community for
development;"
Section 36. Section 5.104.01.F is added to read as follows:
"5.104.01 .F Zonin Desi nation for Annexed Pro erf
1. All land annexed to the Cit shall be zoned as follows unless
an aorAcation to rezone the loroperty to another zone has been.
submitted:
a. Property shall be deli nated as RS when the
com rehensive lan deli nation is �,ow Densif
Residential.
b, Pro ert shall be designated as RM when the
corer rehensive lan oiesi nation is llh�da°um Ienty
Residential.
Page 17 -COUNCIL BILL NO. 2743
ORDINANCE NO. 2446
c. Prooerty shall be designated as CO, when the
comorehensive plan desi nation -jis �Qom�merdal,
d. Pro..:.. ert shall' be desi Hated as Ni. whey the
comprehengyv!2L�olan des�nation is I
e. Prpert shall be desi Hated as P SP when the
comr)rehensiYv9s)Ian des,, � �n�
_�!�ation�isooe�niace and
parks or pULblic use,
2. If the annexed DroiDerty is within an overlgy_qgsi nation
overIav shall apply to the annexed r)ror)ertv,"
Section 37. Table 6.104 of Ordinance 2313 is amended to read as follows:
Page 18 -COUNCIL BILL NO. 2743
ORDINANCE NO. 2446
Use (NAICS #) Rs PUS I RM I CO CG DDC I NNC I IP IL P/SP I RCWOD I SWIR I Nodal Ne
RS T
Construction (23)
Construct:on of 1 uildin s B . n 4e elap g rt a P P
z (233.236 3
Heavy and Civil Eneineerine construction ( ?4_ _ l p p
y
Special trade contractors (?-8 I P P
Plumbing, heating and air-conditioning _ P
contractors (8®'t})
Paper and wall sev-ing eet}#aetors coverine - - P
23 83 20)I
Floor laying contractors (2 5520)
Roofing, siding, and sheet metal construction
contractors ( 116 10) entirely within a buildin
_Glass and Marin contractors (?� 185fa)
Building equipment and other machinery
installation contractors (235950)
Ornamental ironwork contracting (235996)
Manufacturing (31-33)
Food manufacturing 31 1)
Bakeries 118 1)
Beverage and tobacco product manufacturing
(312)
Textile roduct mills314
:apparel manufacturing 15
Leather and alliedroducts manufacturing (" 1
Other leather r anufacwrin (3169)) -
Paper rnanfacturifta 31
Paper manufacturing ( 1 7) limited to assembly
Page 19 - COUNCIL BILL NO. 2743
ORDINANCE NO. 2446
Use (NAICS #)
RS RIS RM CO
CG DDC NNC IP
IL P/SP
RCWOD SW1R Nodal Nodal
RS f
Printing and related su port activities (318)
P
P
Wood products trmanufactunn 321
CU
P
Paper manufacturing (322)
CU
Printin¢ and related support activities 323)
P P
P
Petroleum and coal products manufacturing (324
Petroleum and coal products manufacturing
(324) with all stoma underground
CU
Chemical manufacturing (325)
CU
CU Gu
Plastics and rubber roduct manufacturin 326
P
P
Nonmetallic mineral product manufacturin 327)
P
P
—
Prirnary metal manufacturing 331
Cu
Fabricated metal products manufacturing 332)
P
P
Fabricated metal product manufacturing (332)
entirely within a building
P
Machinery manufacturing (333)
P
p
P
Computer and electronic product manufacturing
334
P
p
p
Electrical equipment, appliance and component
manufacturing (335
P
P
p
Transportation eut rnent manufacturin 33
P
P
p
—
Furniture and related roduct manufacturin 337)_SPU
SP P
P —
Household and institutional furniture and
kitchen cabinet manufacturing (3371) entirely
within a building
P
Misc. Manufacturirt(339)
p
p
Sporting goods manufacturing (33992)
SPU SP
oil, toy and game manufacturin (3333993)
SPG SP
Wholesale Trade (42)
Wholesale trade, durable goods (424 423)
EXCEPT Motor vehgcle wreaking v°anis �
P i i I p
Wholesale trade, nondurable goods 42-2 424 P
Wholesale trade, nondurable goods (4-12424) 1 1 1 1 1 1 1 1 p I p
Page 20 - COUNCIL BILL NO. 2743
ORDINANCE NO. 2446
Use (NAILS #) RS RIS I RM I CO CG DDC NNC IP IL P/SP I RCWOD SWIR Nodal Nola
RS I f
Retail Trade (44-45)
Motor vehicle and arts dealers (441)
SPU
Motor vehicle and parts dealers (441) EXCEPT
automotive parts without installation
CU
Automotive parts (4413 1) without installation
P
Use (W/O NAICS classification)
Tractor and heavy c tai mens dealers
_
CU
Tractor and farm machinery and equipment
dealers
SPU
Truck dealers INCLUDING new truck, used
truck, parts and tire dealers
SPl4
Furniture and home furnishings stores 442)
P
P
P
Picture frame shop (442299)
SCU
SCU
SCU_
SCU
Electronics and a fiances steres 443
P
eCAFeHiGS and appliance Stores and repair
(44319)
Building material and garden equipment 444
Building material and supplies dealers (444)
with all outdoor storage and display enclosed
by a Tmasonry wall
P
Paint, wallpaper, and interior decorating stores
(444129)
P
P
P
Hardware stores (44413)
P
P
P
Light fixture stores (44419th)
P
P
P
Garden supply steFeJ4442-2) Nursery, Garden
Center and Farm Slv Stores 4442211
Use (W/,O NAICS classification)
Farrn, warden and ladscara s lies
P P
_
P
f
SPIE
Food and hevcra e stores (44
P
Grocer • store:. food market, food store (44 11)
_
CU
P
Meat markets (4452 1)
P
P
p
Fish markets LIMITED TO saies Ln�)
— I I I
P
—EFE]
P
P
Dairy products stores LIMITED TO sales only. L P I P P
Page 21 — COUNCIL BILL NO. 2743
ORDINANCE NO. 2446
Use (NAICS #) RS
RIS
RM
co
cc DDC
NNC
IP
IL
P/SP
RCWOD
SWIR Nodal
Notial,
RS
.
4 4 5 29)
Page 22 - COUNCIL BILL NO. 2743
ORDINANCE NO. 2446
Use i £rt i t . �..
RS RIS RM CO CG
DDC
NNC IP IL P/SP RCWOD SWIR Nodal No'^
RS F
1 Delicatessen stores (445110, 445210, and
I 722211)
P
P
-
P I ! 1
Wine shops 4453 10 and 722410)
CU
Health and personal care stores 446)
P
Pharmacies and Drug stores. (44611)
P
P
P
Optical goods stores. (44613)
P
P
P
Health food stores. (446191)
P
P
P
Hearin aid stores. (446199)
P
P
P
Gasoline stations 447
CU
Gasoline stations with convenience stores
(44-TW 447110)
CU
Clothin and clothing accessories stores 448
SCU SCU P
SCU SCU
Clothing stores (448 10)
P
P
P
cn`s (44811[)
—Women's 448120
Children's (448130)
Furriers and fur sho s (448 19)
P
P
P
Jewelry, watch, and clock stores (44815 &
44831)
P
P
P
Shoe stores (44823)
P
P
P
Lugg ne stores (44832)
I P
P
P
E 1?
lz
I ,
Sporting goods, hobby, book, and music stores
'451 _
P
S orcin goods stores (4AA_1LL 451 110)
P
P
P
Gun sho 451110
P
P
P
Hobby sho s (45112)
P
P
P
Toy stares (45112)
p
p
P
Sewing. needlework and piece goods (45113)
P
P
p
Music, piano, and musical instrument (45114)
P
P
P
Record and CD stores (45122)
P
P
P
General merchandise stores 452
P
Department stores (45211)
P
P
p
Book stores (45°' 4.5121 1)
p
p
p
Other general merchandise stores (4529)
P
P
P
Misc. store retailers (453)
P -
P
Page 23 - COUNCIL BILL NO, 2743
ORDINANCE NO. 2446
Misc. store retailers (453) EXCEPT used
P
merchandise stores (4533), other than antique
shops, and EXCEPT manufactured (mobile)
home dealers. (45393)
Florist sho (45311)
P
P P
Stationsstores (45321)
P
P P
Page 24 - COUNCIL BILL NO. 2743
ORDINANCE NO. 2446
Use (NAICS #) RS RIS RM
CO CG
DDC
NNC IP IL
P/SP
RCWOD SWIR_ Nodal Np�-
RS y
Business machines, typewriters and repair (45321 0) -
P
P
P
Limousine service (4853)
CU
Gift, novelty, souvenir shops (45322)
P
P
P
Special needs transportation (485991)
-
Greeting card stores (45322)
P
P
P
Used merchandise stores (4533), other than
antique sho s
CU
P
Antique shops45i 33 0)
P
P
p
Used merchandise stores (4533 11
P
P
Pet stores (453911
P
P
P
Art =-,allcry (45392) SCU SGU SCU
S P
P
P
SCU SCU
Manufactured (mobile) home dealers. (45-3130)
-
CU
P SPU
a
Artists Supply stores (453998)
P
P
P
-
Electronic shopping and Mail order houses
454111_
P
? P
E
Use (W/0 NAICS classification)
Auction houses EXCEPT livestock and poultry
sales
P
I
n.hoped' d .ice�:�� Prosthetic
Stores (446199 .
"
P
-
Temporary fetag residential sales:
a. Produce and plant materials grown
on the subject property
b. Estate, garage and yard sales
C. Crafts and other hpbb , items
SPU SP
&U
SP
SP
3P
SP
Transportation and
Warehousing (48-49)
Truck transportation
Cu P
Transit and ETOund trans ortation (4851CU
P
Urban transit s item (4851 1)
CU -
Interurban and rural transit (4852)
CU
Taxi service (4853 1)
Cu
Limousine service (4853)
CU
School transportation (4854)
CU
Charter bus service (4859)
CU
Special needs transportation (485991)
Cu
r-utyt:� LJ— I.VUINI.IL t51LL NV. C/43
ORDINANCE NO. 2446
Use (NAICS #) Rs i RIS
RM CO CG DDC
NNC IP IL P/SP RCWOD
SWIR
Nodal Nr-'
RS I
Support Activities for Rail Transportation
(488210)
P
P
Motor vehicle towing (48841)
Cu
Newspaper, periodical, and book publishing.
Freight transportation arrangement (4885 10)
_
Cu P
P
Postal service (491
P P P
P
Warehousing and storage (493)
Cu P
(5111)
Use (w/o INAICS classification)
Self- and mini-stora a CU R U P
Information (5 1)
Publishing (511)
P
Newspaper, periodical, and book publishing.
P
P
P
(5111)
Motion picture, sound recordinja industries 512
Motion picture theaters (51213 1) EXCEPT
P
drive-ins
Broadcastin and telecommunications 513
Radio and TV (5434 5151)
P
Radio and TV studios and offices (5474 515 1)
P
P
P
P
EXCEPT antennae and towers
Cable networks (54-32 1=1=522;11=0)
P -
P
P
P
Telecommunications (5433 5171) EXCEPT
P
P
P
P
telecommunication facilities subject to Section
2.204.03.
Use (w/o NAICS classification)
Telecommunication facilities subject to Section
SCU SCU
2.204.03.
Data Processing.
P
P
P
P
Fiostnd Related Services( 51
Other Information 519120 and 519190 (CG
Finance and insurance (52) EXCEPT pawn
P
P
shops (522298) & check cashing, pay day loan
and cash transfer establishments [other than
banks] as a predominant, ancillary, or required
supporting use
Page 26 — COUNCIL BILL NO. 2743
ORDINANCE NO. 2446
Use (NAICS #)
RS RIS
RM
CO
CG DDC
NNC
IP
IL
P/SP
RCWOD SWIR
Nodal
RS
Nodq',
T
Finance and insurance (52) EXCEPT check
cashing, pay day loan and and cash transfer
establishments [other than banks] as a
predominant, ancillary, or required supporting
use
P
P
Credit intermediation & related activities (522)
P
Pawn shops (522298)
CU 6UP
Use (w/o NAICS classification)
Check cashing, pay day loan and cash transfer
establishments, other than banks
Cu C
Real estate 531
P
P P
P
Rental and leasin, 532
Video to a and disc rental 532230
P
Rental and leasing (532) without outdoor
display or storage, EXCEPT video tape and disc
rental 532230
P
Rental and leasing (532) without outdoor
dis lav or storage
R
P
P
General rental centers (5323 10) with all outdoor
storuae and dis [a on a paved surface
P
Use (w/o NAICS classification}
ResqdeHt'al sales @Mee
96
&U
Professional, scientific and technical services
Deal services (541 1 }
SCU
SCU
P
P P
P
P
SCU
SCU
Accounting (5412)
SCU
SCU
P
P P
P
P
SCU
SCU
Architects and engineers (5413)
SCU
SCU
P
P P
P
P
SCU
SCU
Specialized dcsi n services (5414)
SCU
SCU
P
P P
P
P
SCU
SCU
Com uter s stern design (5415)
SCU
SCU
P
P P
P
P
SCU
SCU
Management,
Scientific and Technical Consulting Services
SCU
SCU
P
P P
P
—
P
6
SCU
SCU
45416)
Scientific research and development, (5417)
SSI
Cu
-
P
Advertising (541)
SCU
SCU
P
P P
P
P
SCU
SCU
Other professional services (5419), EXCEPT
veterinary service (541940) not contained in a
building
_
P
P P
P
p
a
-- Veterina service. (541940)
Cu
p
Administrative and su Lart servtccsj561P
P
rage zi - CUUNCIL BILL NO. 2743
ORDINANCE NO. 2446
Use (NAICS #)
Administrative and facilities support services.
(561 1 and 5612)
Employment services. (5613)
Business support services INCLUDING copy
—shops. (S614)
Travel and tour a encies. (5615)
Telephone answering service (561421)
Investigation and security services. (5616)
Services to buildings and dwellings (5617),
offices only
Services to buildings and dwellin s (5617)
Other support services (56199)
Recycling Centers (562920)
Use (w/o NAICS classification)
Fufnae
Educational services 611)
Elementary and secondary schools (61 1 1
Community college (61 12)
Business schools (61 14)
Technical and trade schools (61 15)
Ambulator - health care facilities 621
Ambulatory health services (621) EXCEPT
ambulance service (62191)
Offices of Physicians (621 1)
Offices of Dentists (6212)
Offices of Other Health Practitioners (6213)
Ambulance service (62191)
Hos itals 622
Social assistance (624
R- A
Other individual and family= services (6241)
Child day care services (6244)
Child day care services (6244), EXCEPT
RS RIS RM CO
CG
DDC
NNC IP
P
P _
P
P
P
P
P
P
P
P
P
P
P
P
P
P
SCU SCU P
P
P
P
P
P
P
P
P
rP
P
P
P
P
I P
P
P
IL P/SP I RCWOD I SWIR I Nodal Nodal
RS I F
CU I CU
— 1 -
P I P
CU
CU
CU
P IP
SCU I SCU
CU I CU
SCU SCU
SCU SCU
SCU SCU
SCU SCU
SCU P
SCU
CU
I -Turnace cleaning' is not listed in the DDC zone, however, it would be a "Plumbing, heating and air-conditioning contractors (235110)", as listed in Section 2.106.0l.B.1,
Page 28 - COUNCIL BILL NO. 2743
ORDINANCE NO. 2446
P
CU
CU
P
Iz
1?
P
P
P
P
P
P
P
P
P
P
SCU
SCU
P
P
P
SCU
SCU
P
P
P
SCU
SCU
P
P
P
CU
CU
CSI
P
P
P
SGU
SCU
SCU scl}
SCU
SCU
P,
SCU
&GU P
P
P
P
CU
p
IL P/SP I RCWOD I SWIR I Nodal Nodal
RS I F
CU I CU
— 1 -
P I P
CU
CU
CU
P IP
SCU I SCU
CU I CU
SCU SCU
SCU SCU
SCU SCU
SCU SCU
SCU P
SCU
CU
I -Turnace cleaning' is not listed in the DDC zone, however, it would be a "Plumbing, heating and air-conditioning contractors (235110)", as listed in Section 2.106.0l.B.1,
Page 28 - COUNCIL BILL NO. 2743
ORDINANCE NO. 2446
a
C
o
I
9
ca
ro
I
a c
Z �I
al
a.l
V)l
.1
Ud
0.1
ew
CL'
3
A
0
3
�
I
a
v
a
a
v
au
a
U
.a
ob
al.
a
U
a'�
A
C7
U
a
s
a
a
a
a
0
U
U
a
a
I
U
Cni.
cn
fx
0.
0.
0.
�.II.
Q
CIIII
O
�
M
o
M
E
i on '
N c:t
t
`i
C
`�
O
o
v
C G 0.
E
N
3
3
ai
w
°
:U
w o x °
O
O
Z
C
G.c�0i w
14
J W
O
4.
C
o
�"'
a
U
o
Y
�
_a
J
O
CL
Y
NUu
N
O
c
m
z
�°-Ec
<a
w
Cq .D O vii
U Q
ZZ
v
°
o'
a�
cli
U
�,
-0v
o`
L
(u
as
O�
cu
roo
E
=
U
U
�"
?Qri Ev�U
U O
V]
E
N
M
c
w
ro
ac,
7
U
U
>
>
cn
G
a
EQw
a
t
U
t
°
O
r
O
r
ro
c01) Cd
CJ
E .,
O
U
on
E o
Q
4d
U
-
`
c
>
c
v°
—
D.
G
p
cn
y `-'
N
N
C
z
E
E
ro
O
7
E
z
E
<a
o
o
x
m
E
c
o
EY
3
o
s n
°
3
E
o
E—
0
0
0
>
o
u
V
V
0
E-
^�
o
N
7
i%
en
O
Q
U
UV
C7
a
a
a
c6-6 u c;
N
0.
E
Q
Q
f--'
CL
U
o
cn
U
z� rx
a
A
0
3
U
��
al
a8
CIO
�l
al
a I
al
a
I
U
Q
�
O
U
U
U�
a,
U
a
s
a
s
a
O
U
a
a
a
a
s
u�U
C4
Ul
U
L �
0
O
D
l�NE
o
"`
S.ba>
caaai
v�y
d
N
c
Ua
CL
U
a
cC G
G1
O
U
U M
N
cd E..
hp
^",
'O
�"
N
Q
J Z
cd U
vy >+ s
p
c_Ud
cd N
0.•
d
O" W
O
^
'"'
•
L
y,rw ^y
J W
.r.�
G U
,,,„�.,,
7
ami
0
a,d",t
"¢ O
N 6)
O
G N
G
X
^
L
�~-+
a
U
C
cd
'�
,�
O
L
J Z
v c a n
.�
c
c
.X
c W
w
o0
o
w
-
a""_,r
*2
U
u
o
cua
C
°O
Z Z_
C',
U
C >'
L,;.
G
G
�••
cV e°„t`p
"Y`
.--,"
Q
C L— L
..
p„
w
G
G
00
Q
U O
uco
D
Lj
O
ai
O
r.wAO
Gr,,y.
UD
I
X
O
ONC13
OO
CL
O
Q
cL�
C
u
N
~
y
a
�--�
0
CL
Use (NAICS #)
RS
RIS
RM
CO
CG
DDC
NNC
IP
IL
P/SP
RCWOD SWIR Nodal
RS
Noa-
EXCEPT linen supply (81233)
Laundry, self service (8123 1)
P
P
P
Dry cleaning, self service (8123 1)
P
P
P
Linen supply (81233)
CU
Photo finish in (81292)
P
P
P
P
Parking lots and arages (81293)
Cu
P
P
Cu
Parking lots and garages (81293) EXCEPT
extended vehicle storage (4944W 493190)
P
P
P
P
R
lz
Public parking lots and garages (81293)
EXCEPT extended vehicle storage. (49399
493190) and parking as an Accessory Use
R CU
All other ersonal services (812990)
P
P
P
P
Religious, civic and social organizations (813)
P
P
P
P
Use (w/o NAICS classification)
Delivery services
Su SP
Su SP
Sid SP
Su SP
Sid SP
Su SP
SP
Su SP
Sl i SP
S>1 SP
SP SP
SP
R
R
AU
Electric motor rcair, entirely within a buildina
P
Home Occu ation
Ski SP
Su SP
&U SP
SP
SP
House of worsh�p LE31 10
&U SP
Su SP
Sia SP
SP
SP
Motor vehicle wrecking yards
Cu
Off street parking in conjunction with a non-
residential use allowed in the zone
Cu
Cu
Cu
Cu
Cu
i
Public parking for uses in the same zoning
district
AU
Residential sales office
&U SP
&U SP
SP
SP
Ree5viiffg-eeratfs
GU
Public Administration 2
P
P
P
P
—
Fire protection (9` 2160-1
P
P
P
I2Cu
Use (w/o NAICS classification)
Government maintenance facilities and storage
Yards
P
P
p
Page 31 - COUNCIL BILL NO. 2743
ORDINANCE NO. 2446
d
a,
ri
a -N
al
ai�
al
��
al
caul
al
al
al
o cn
a
a
a
a
U
Z. cK
U
a h
a I
v I
U�
al
al
a)
A�
0,
3
U
oL.
a
a�
CL
0.1
cn
i
CN
a
U
a
a
U
a�
zN
zN
UL
al
oll
al
o"I
�
IIII
Q
Q
U
U
a
ol.
vaiV
U
��
�
::D
:D
a
U
U
U
a
fl
U
U
a
o
U
a
cn
U
U
U
a
oC
U
a
a
Ta
Im
cx
a
a
s
ap
a
acn
��
04
U
O rr
U
2
cd
p 'O
._
00 cVd
b0 UJ N �CC
ti
O
03
O
N N
_
Obi
O
u 'C
?
J O
O
`�
'""°'
*ry
a E o
a ql
c c
=
m
3
3
asF
y
Longi
O
o
U
_
-
u
cd
N
V
w Ci.,
O
•.-
rtn
Q
O E"' 0 ry
O( E M
.a
= f-^ O hY
V
N v
iO
>;
E
N
_
y
GO C
i
Z Z
'aC O
r-
'20 W Q h '�
b W O d�
O
y L
t.=,
.N
4•,
?)
O
L
<....
vt
'C
y O
r-
U 9
cC U U O O
g U
r
V
m
U
O N
O V
c
v
W v]
x''^'�
W ��
x�
m
c
04�
L�
_
ry
UO
Nx c
.^O.
N vVi
N W
3'
V
•N
7
c°
C cd
>, N O
c
E V N
E
o c
v
3
O®
a>
c
V
2
x
v
v
v
a!
hO O;•
zp
cC
•ZS
'U
z
3
N
�
v
�
a
R
z
-i
071
�<d
QI
¢I
QI
¢I
con
U1,51
x
U
UO
Ca
I
O
3
U
0.1
a.�
a
U,
V
a
I
U
d
U
dII
V
U
Q
Q
a�
�
O
U
d
O
u
u
d
a
Q
d¢
d
d
d
F1
T�]
-
-
N
�.,
- ------- 11
M
cCo o
3 v
a�
v
�
��
� lD
� It
y
w aCi
E
m
vs
N�
N
V
c~d
t O
° �
bo b0
4..
O
b
° 'v p
w
'�
O.
'
o
0.
p
>
N
Z O
O
•p
7
W 4..
O
G C
O
U,
J Z
U
U 7 7
d
cnG
�.
j;,
U
CII
[� U
3
Y
E E `3
3
o
is
c
xa E°
to
c° y
u
U Q
E
Z
v
o
o
x
N
QZE
p
L„
E
L
Ocd
4U
O
®
McCO®
U O
0
u
u
6
�
Ui oq
ca
s
o
0-4
G
7
p
f-
`
O '...
O
(d (9
Cd L
N
C
L
N VT
.� E
0
m/ry
.�
♦"J
I�'-�
1Ce;
p
d
Oa
ftl
C.7 E
C.7 ° u
®
[i
C�
o°.
4 v�'i °�
4
F^
�
3
N
d
CL
Section 38. Figure 6.4, Vision Clearance, of Ordinance 2313 is revised to
depict as follows:
.ter
Street Centerline
Street/Curb Line k
- Property Line ry
. Vision Clearance Area t.... pp
Building _.... .
t as
Alley. _
m
A 21..Y'Asior Stip r A .
Ptalorg_Vrg_.0 Rfl_. r Mr :. line,
Section 39. 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.
Page 35 -COUNCIL BILL NO. 2743
ORDINANCE NO. 2446
Section 40. 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.
Approved as to form.
City Attorney
Approvd:
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
/Y1 , '-4--
Mary TEMnant, City Recorder
City of Woodburn, Oregon
Page 36 —COUNCIL BILL NO. 2743
ORDINANCE NO. 2446
Dat
thryn=tember
yor
S20rv�
September 10 2008
September 10 2008
September 10, 2008
PROJECT INFORMATION:
APPLICANT:
Application Commenced:
120 -Day Rule Deadline:
Staff contact:
CITY OF WOODBURN, OREGON
STAFF REPORT to:
The Woodburn City Council
August 11, 2008
LEGISLATIVE AMENDMENT
File: LA 2007-03
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
By City Council Resolution No. 187'4, passed November 26, 2007
laegislat,ive 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 Developi-hent Ordinance would be amended as
follows:
• Clarify organization and structure provisions in Section 1.101 to define terms.
• Establish a definition for property that was not created through a review under City standards through
the partition or subdivision process.
• Revise the standards for an architectural wall to limit the extent of extensive continuous surface walls.
• Clarify the definition of "plant unit" to be consistent with the standards specified in section
3.106.03.E.
• Update the current references to the North American Industry Classification System (1997) for uses
that are throughout the ordinance to the 2007 version.
• Clarify definitions differentiating "yard", "yard setback" and "setback".
• Clarify uniform terminology for an "interior setback" in Table 2.1.7.
• Clarify Table 2. 1.1 standards for the minimum lot size for a duplex on a corner lot in a Medium
Density Residential Zone.
•Revise the vision clearance area standard, Section 3.1.03.10, and also create a separate standard for
properties located in the Downtown Development and Conservation Zoning District that would be
consistent with other standards related to building setbacks from property lines,
• Revise Section 2.113,04,A.3 to include the uses and activities that are prohibited with the Riparian
Corridor and Wetlands Overlay District (RCW0D) zone districts.
• Revise Section 2,203.16.F requiring manufactured dwellings to meet the performance standards
equivalent to a single-family residential dwelling, based on ORS Chapter 455.
• Consider if landscaping credits, Section 3.106, should be provided for fountains, benches, art, or other
materials.
• Devise the "Conservation of Significant °rrees" Section 3.106.04 to change the process for review of
removal of a significant tree and to establish an "in -lieu or replacement" mitigation fund.
• Revise notification the time line to provide a 10 -day Notice prior to a public hearing.
• Clarify the purpose of a variance procedure.
• Establish a stream -lined process for annexation that establishes a zoning consistent with the
Comprehensive Plan designation.
• Update Table 6.104 to bring all uses into the table and correct references to specific chapters or
processes that are not identified correctly.
• Correct grammatical errors, improper use of homophone, and use consistent language.
• Correct cross-references as necessary.
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 amid rules, case precedents, scrivener errors,
interpretations, or other changes in circumstances. The WDO was last amended by Ordinance
Number 2423 effective July 28, 2,007 for many topics that were identified in Resolution Number
1745. The City Council adopted resolution Number 1874 that directed a review of a list of topics
within the WDO. The current evaluation is a review of, and a commendation on, most of the list of
topics adopted in Resolution Number 1874.
RELEVANT APPROVAL CRITERIA: Page
[WDO 4.101.06.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
ComprehensivePlan Policy Consistency.................................................................................... 4
ANALYSIS AND FINDINGS OF FACT:
L Type V decisions involve legislative actions where the City Council enacts or amends the
City's land use regulations, comprehensive plan, zoning maps or solne 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 4.101.06XI
Findings-, The Woodburn City Council passed Resolution Number 1874 on November 26, 2007 that
included a list of topics to be considered by the Planning Commission for revisions aid amendments,.
The topics before the City Council at this time are most of the topics identified in Resolution Number
1874. The Planning Commission conducted a public hearing on .lune 12, 2008 and considered.
evidence and testimony regarding; the text changes. The City Council is scheduled to conduct a public
hearing on August 11, 2008 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,
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 mouth of November so that
I:\Community Development\Planning\2007\Legislative Amendments\WDO amendments\Decisions\CC Staff Report.doc
2
the Council may consider initiating appropriate measures to modify the WDO. [WDO
1.101.08]
Findings: The identified text amendments to the Woodburn Development Ordinance were previously
identified and would update the WDO 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 1874.
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 4.101.09.C1
Findings: Notification of the legislative amendment was provided to the Oregon Department of Land
Conservation and Development (DLCD) on April 21, 2008, consistent with the requirements for a
Post Acknowledgement Plan Amendment notification contained in Oregon Revised Statutes 197.610
and Oregon Administrative Rule 660, Division 18. 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 May 8, and May 22, 2008.
Notification of the legislative amendment was published in the Woodburn Independent Newspaper on
May 24, 2008.
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. 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.
I:\Community Development\Planning\2007\Legislative Amendments\WDO amendments\Decisions\CC Staff Report.doc
3
Comprehensive Plan Policy Consistency
4. Policy B-1. 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 13-1]
Findings: The State of Oregon Department of Land Conservation and Development was provided
notification 45 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. The Planning Commission conducted a
work session regarding the proposed text amendments during the Planning Commission's regular
meeting of May 8, and May 22, 2008. Notification of the legislative amendment was published in the
Woodburn Independent Newspaper on May 24, 2008. The Planning Commission conducted a public
hearing on June 12, 2008 and considered evidence and testimony relating to the proposed text
changes.
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 13-2(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. Residential developments should strive for creative design that will maximize the inherent
values of the land being developed and encourage slow moving traffic. Each residential
development should provide for landscaping and tree planting to enhance the livability
and aesthetics of the neighborhood. [Policy D-1.5]
Findings: The text amendments include provisions that will encourage slow moving traffic and
development that encourages landscaping and tree planning to enhance the aesthetics of Woodburn
neighborhoods. Proposed Policy change #18 regarding Vision Clearance Area clarifies the existing
vision clearance regulations and requires a moderate clearance area in the Downtown Development
and Conservation (DDC) zone. Proposed Policy change #20 establishes a process to minimize the
cutting or destruction of significant trees within the City. Both of these proposed changes strive to
enhance the livability of Woodburn. The proposed text amendment would be consistent with this
policy.
7. Industrial and commercial uses that locate adjacent to a residential area should buffer
their use by screening, design, and sufficient setback that their location will not adversely
affect the residential area. [Policy D1.9]
Findings: The Proposed Policy Change #3 establishes design guidelines for architectural walls.
Architectural walls serve as a buffer walls, and the WDO currently requires buffer walls in industrial
and commercial zones when the use is abutting a residential use or zone. By providing design
guidelines for buffer walls, the proposed text amendment is attempting to prevent any adverse affect
to adjacent residential areas. The proposed text amendment would be consistent with this policy.
ATTACHMENTS
Attachment A — Planning Commission Final Order and recommendation of June 12, 2008.
I:\Community Development\Planning\2007\Legislative Amendments\WDO amendments\Decisions\CC Staff Report.doc