The URL can be used to link to this page

Ord 2454 - Ironwood ImprovementCOUNCIL BILL NO. 2782 ORDINANCE NO. 2454 AN ORDINANCE RELATING TO IMPROVEMENTS OF THE IRONWOOD SUBDIVISION FOR THE REPLACEMENT OF STREET TREES AND REPAIRS TO SIDEWALKS, ADOPTING THE LOCAL IMPROVEMENT DISTRICT, DIRECTING THE CONTRACT AWARD, PROVIDING FOR PAYMENT OF COSTS THROUGH ASSESSMENT OF PROPERTIES IN THE LOCAL IMPROVEMENT DISTRICT. WHEREAS, the City Council considers the replacement of street trees and repairs of sidewalks to be necessary and beneficial; and WHEREAS, The City Council has authority to initiate the Local Improvement District improvement and procedure process as per Ordinance No. 2105, and WHEREAS, The City Council by adopting Resolution No. 1906, instructed the City Engineer to prepare the engineering feasibility report for the improvements; and WHEREAS, the City Council reviewed and approved the engineering feasibility report on the replacement of street trees and repairs to sidewalk on May 11, 2009; and WHEREAS, the City Council by Resolution No. 1906, declared its intent to replace street trees and repair sidewalks in the Ironwood Subdivision through a Local Improvement District process, adopted the method of assessment, established a date for the public hearing; and WHEREAS, the Public Hearing was held on June 8, 2009 and there are no objections or remonstrances sufficient to delay the City Council action; NOW, THEREFORE THE CITY OF WOODBURN ORDAINS AS FOLLOWS: SECTION 1. INTENT TO IMPROVE The City Council deems it necessary and hereby declares its intention to order the replacement of street trees and repairs to sidewalks in the Ironwood Subdivision as described in the engineering feasibility study. SECTION 2. PROPOSED METHOD OF FUNDING: The funding mechanism to accomplish this project includes the following: CITY SUPPORT: City will provide all engineering and administrative services. City will also cover any cost over -runs associated with the project. ASSESSMENT AGAINST BENEFITING PROPERTIES: Limited to the cost associated with the replacement of street trees and repairs to sidewalks and irrigation systems in the Ironwood Subdivision. Page 1 — COUNCIL BILL NO. 2782 ORDINANCE NO. 2454 SECTION 3. BOUNDARY OF THE LOCAL IMPROVEMENT DISTRICT: The Boundary of the LID shall be the boundary of the Ironwood Subdivision at Tukwila. Exhibit "A", attached hereto, depicts the areas of sidewalk repair to be funded by the LID. Exhibit "B", attached hereto, depicts the tree replacement to be funded by the LID. SECTION 4. PROPERTIES WITHIN THE LOCAL IMPROVEMENT DISTRICT: All properties listed below are located in Ironwood @ Tukwila and Ironwood @ Tukwila 2 Subdivisions: Situs Address Ma /Tax Lot Lot # Owner 2516 Colewood Drive 051 W07AA00100 1 Laughre , Henry & Brenda 2514 Colewood Drive 051 W07AA00200 2 Smith, Carl J & Wilmes-Smith, Linda L 2512 Colewood Drive 051 W07AA00300 3 Wamble, Robert B II 2515 Colewood Drive 051 W07AA00400 4 Rios, Arnoldo De Los & Rios, Magdalena De Los 2525 Colewood Drive 051 W07AA00500 5 Haneber , Eric B & Pamela J 632 Ironwood Terrace 051 W07AA00600 6 Hendricks, Kevin M & Kimberly L 644 Ironwood Terrace 051 W07AA00700 7 Koepping, Paul R & Kristen K 656 Ironwood Terrace 051 W07AA00800 8 Glavnik, Nikolay & Lyudmila 668 Ironwood Terrace 051 W07AA00900 9 Wolfer, Jon A & Debra R 682 Ironwood Terrace 051 W07AA01000 10 Nielsen, Shannon T & Rubin, Steve P 2515 Heron Street 051 W07AA01100 11 Seethoff, Patrick M & Mary Anne L. 2537 Heron Street 051 W07AA01200 12 Dean, William T & Sandra J 2559 Heron Street 051 W07AA01300 13 Federal Home Loan Mortgage Corp 2571 Heron Street 051 W07AA01400 14 Blomberg, Walter M & Norma T 695 Ironwood Terrace 051 W07AA01500 15 Gsell, Susan H 683 Ironwood Terrace 051 W07AA01600 16 Staats Fam LT & Staats, William J Tre 671 Ironwood Terrace 051 W07AA01700 17 Christoff, David J. & Jane E 669 Ironwood Terrace 051 W07AA01800 18 Reinhardt, John A & Rena F 657 Ironwood Terrace 051 W07AA01900 19 Barbour, John & Barbour, Linda 645 Ironwood Terrace 051 W07AA02000 20 Riehl, Julia F Marcotte -Lin 623 Ironwood Terrace 051 W07AA02100 21 Beam, Thomas L & Suzan T 601 Ironwood Terrace 051 W07AA02200 22 Blanke, David E & Cristina C 599 Ironwood Terrace 051 W07AA02300 23 Edick Fam Tr & Edick, Richard C Tre & Edick, Christine M Tre 587 Ironwood Terrace 051 W07AA02400 24 Carter, Raymond B & Catherine M 575 Ironwood Terrace 051 W07AA02500 25 Arms, Stanley E & Rosary A 563 Ironwood Terrace 051 W07AA02600 26 Jones, Bert S 559 Ironwood Terrace 051 W07AA02700 27 Garcia, Jose L & Georgina 537 Ironwood Terrace 051 W07AA02800 28 Shumwa , David L & Sally J 525 Ironwood Terrace 051 W07AA02900 29 Jones, Janice I & David M 503 Ironwood Terrace 051 W07AA03000 30 Summers, Scott D & Susan M 495 Ironwood Terrace 051 W07AA03100 31 Park, Sang C & Lee, Soon I 489 Ironwood Terrace 051 W07AA03200 32 Brewer, Robert K & Kim M Page 2 - COUNCIL BILL NO. 2782 ORDINANCE NO. 2454 467 Ironwood Terrace 051 W07AA03300 33 Shim, Hyong W & Shim, Mi Young 445 Ironwood Terrace 051 W07AA03400 34 Dooley, Michael R & Maureen P 423 Ironwood Terrace 051 W07AA03500 35 Miller, Mari Lee 428 Ironwood Terrace 051 W07AA03600 47 Maxwell, Michael P & Patricia J 487 Inglewood Lane 051 W07AA03700 48 Kapssof, Bill & Noreen 465 Inglewood Lane 051 W07AA03800 49 Ka ssof, Bill & Noreen 443 Inglewood Lane 051 W07AA03900 50 Veliz, Liza M & Torres-Solis Rodrigo 444 Inglewood Lane 051 W07AA04000 58 Avalos, Luis Alberto Cardenas 458 Inglewood Lane 051 W07AA04100 59 Hannon, Jay E & Becere, Sall 470 Inglewood Lane 051 W07AA04200 60 Carr, Kevin M & Lisa H 486 Inglewood Lane 051 W07AA04300 61 Perez, Ignacio 491 Muirfield Lane 051 W07AA04400 62 Haugh, Aleta D & Aaron 492 Muirfield Lane 051 W07AA04500 63 Kim, Anna B 2511 Graystone Drive 051 W07AA04600 64 Shones, Gabriel D 2523 Graystone Drive 051 W07AA04700 65 Peterson, Daniel & Sylvia 2535 Graystone Drive 051 W07AA04800 66 Smith, Lauretta F 2547 Graystone Drive 051 W07AA04900 67 Del Castillo, Jesus & Maria H 2569 Graystone Drive 051 W07AA05000 68 Jaynes, Peggy A 2571 Graystone Drive 051 W07AA05100 69 Stuart, Robert A & Catherine O 2583 Graystone Drive 051 W07AA05200 70 Cantu, John & Alma 2595 Graystone Drive 051 W07AA05300 71 Everson, Richard L 470 Ir nwood Terrace 051 W07AA05500 A Ironwood @ Tukwila Homeowners Assn Inc. 2590 Broadmore Place 051 W07AA05600 74 Kent, Santiago A & Kelly L 2578 Broadmore Place 051 W07AA05700 75 Salinas, Ismael Jr & Salinas, Dalia 2556 Broadmore Place 051 W07AA05800 76 Keddie, Reginald H & Lora D 2534 Broadmore Place 051 W07AA05900 77 Whiteley, William R & Greeley, Eileen F 2522 Broadmore Place 051 W07AA06000 78 Sifuentez, Daniel B & Angie M 2510 Broadmore Place 051 W07AA06100 79 Cross, Marilyn J & Richard L 2519 Broadmore Place 051 W07AA06200 80 Veliz, Raul Jr. & Marie -- Trustees of the Veliz Revocable Living Trust 2537 Broadmore Place 051 W07AA06300 81 Jensen, Darryl Ingvard 2555 Broadmore Place 051 W07AA06400 82 Nyman, Mark & Monica 584 Ironwood Terrace 051 W07AA06500 83 Shubin, George Jr & Tanya N 568 Ironwood Terrace 051 W07AA06600 84 Gre orie, Russell P 464 Muirfield Lane 051 W07AA06700 102 Shkutnik, Aleksandr N & Shkutnik, Victoria V 472 Muirfield Lane 051 W07AA06800 103 Baltazar, Gilberto Medina 484 Muirfield Lane 051 W07AA06900 104 Ke tya, Ivan & Galina 483 Muirfield Lane 051 W07AA07000 105 Dunn, Joel F & Andrea R 471 Muirfield Lane 051 W07AA07100 106 Shunyayev, Gennadiy & Shunyayeva, Vera 463 Muirfield Lane 051 W07AA07200 107 Ha ar, Jennifer A & James G Walakway - Common Are401 051 W07AA07300 TrB Tukwila Partners Ironwood Terrace 051 W08BB00100 36 Camacho, Rosa C. Page 3 — COUNCIL BILL NO. 2782 ORDINANCE NO. 2454 399 Ironwood Terrace 051 W08BB00200 37 Alzner, Sally L 377 Ironwood Terrace 051 W08BB00300 38 Mitchell, Todd M 365 Ironwood Terrace 051 W08BB00400 39 Mittmann, Hubertus J & Imme H 343 Ironwood Terrace 051 W08BB00500 40 Hanber , Heather R 2598 Edgewater Drive 051 W08BB00600 41 Campbell, Jacob & Rubert, Kaitlin 2586 Edgewater Drive 051 W08BB00700 42 Stucki, Berkley J & Stucki, Angie 370 Ironwood Terrace 051 W08BB00800 43 McCallum, Peter J & McCallum, Ila F 382 Ironwood Terrace 051 W08BB00900 44 Cortez, Carlos Martinez & Guillen Roberto Marin 394 Ironwood Terrace 051 W08BB01000 45 Fernandez, Eduardo & Fernandez, Donna 416 Ironwood Terrace 051 W08BBOI 100 46 Sanchez, Oswaldo G 431 Inglewood Lane 051 W08BBO1200 51 Wallace, Thomas J Trustee 427 Inglewood Lane 051 W08BB01300 52 Stevland, Britt C 415 Inglewood Lane 051 W08BB01400 53 Heide, Michael D & Heide Teresa A 403 Inglewood Lane 051 W08BB01500 54 Deutsche Bank National Trust Co. 408 Inglewood Lane 051 W08BB01600 55 Potter, Randall J 412 Inglewood Lane 051 W08BB01700 56 Baltazar, Hipolito M & Baltazar, Elizabeth F & Fre oso, Guillermo A 426 Inglewood Lane 051 W08BB01800 57 Dunbar, Nathan C & Dunbar, Maryann M 2574 Edgewater Drive 051 W08BB02000 85 Cantu, John A Jr 335 Quail Run Circle 051 W08BB02100 86 Robinson, Donna 327 Quail Run Circle 051 W08BB02200 87 Sterling, Mark D & Sterling, Marcia 315 Quail Run Circle 051 W08BB02300 88 Jagernauth, David & Haglund, Christina L 316 Quail Run Circle 051 W08BB02400 89 Jamison, Gilbert D & Shirley K 328 Quail Run Circle 051 W08BB02500 90 Sanders, Lon L & Sanders, Peggy S 336 Quail Run Circle 051 W08BB02600 91 Yan, Kristi L & Yan, Ming 2562 Edgewater Drive 051 W08BB02700 92 Baxley, Richard A & Baxley, Deanna C 2550 Edgewater Drive 051 W08BB02800 93 Ellingson, David B & Ellingson, Kimberly 2548 Edgewater Drive 051 W08BB02900 94 Wills, John F & Wills, Deborah B 2536 Edgewater Drive 051 W08BB03000 95 Kuznetsov, Antoni K & Kuznetsov, Ekaterina 2524 Edgewater Drive 051 W08BB03100 96 Marquez, Robert C 2512 Edgewater Drive 051 W08BB03200 97 Miller, Shawn L & Miller, Christine M 402 Muirfield Lane 051 W08BB03300 98 Pascalar, Tracy W & Pascalar, Robert 420 Muirfield Lane 051 W08BB03400 99 Kim, Andrey S & Eunah 438 Muirfield Lane 051 W08BB03500 100 Magruder, Kimberly A 456 Muirfield Lane 051 W08BB03600 101 Graff, Gerald II & Brandy A 451 Muirfield Lane 051 W08BB03700 108 Washington Mutual Bank 437 Muirfield Lane 051 W08BB03800 109 Martynyuk, Alex V & Martynyuk, Marina S 421 Muirfield Lane 051 W08BB0390 110 Bauman, Jerry Page 4 - COUNCIL BILL NO. 2782 ORDINANCE NO. 2454 SECTION 5. COST ALLOCATION DETERMINATION ACCORDING TO THE BENEFIT RECEIVED: Each lot will be assessed based on the front footage of each property within the Ironwood Subdivisions. There is a total of 8,083 feet of front footage within this subdivision, which was used for the basis of the assessment. SECTION 6. ENGINEERS PROJECT COST ESTIMATE: The estimated cost to have all the trees removed, new trees planted, irrigation system repaired and sidewalks repaired is $62,818.00. SECTION 7. DISTRIBUTION OF PROJECT COST: The estimated project cost is distributed based on front footage. Based on the estimated project cost of $62,818 _ 8,083 ft. (total front footage) = $7.77 cost per front foot. SECTION 9. INDIVIDUAL ESTIMATED PROPERTY ASSESSMENTS: Page 5 — COUNCIL BILL NO. 2782 ORDINANCE NO. 2454 Cost per Situs address Map/Tax Lot Owner Front Ft Ft. . _ Footage a 2516 Colewood 051 W07AA00100 Laughrey, Henry & Brenda Drive 172.36 $1,339.51 2514 Colewood 051 W07AA00200 Smith, Carl J & Wilmes-Smith, Drive Linda L 63.2 $491.16 2512 Colewood 051 W07AA00300 Wamble Robert B Il Drive 81.19 $630.98 2515 Colewood 051 W07AA00400 Rios, Arnoldo De Los & Rios, Drive Magdalena De Los 98.23 $763.40 2525 Colewood 051 W07AA00500 Haneberg, Eric B & Pamela J Drive 175.99 $1,367.72 632 Ironwood Hendricks, Kevin M & Kimberly Terrace 051 W07AA00600 L 64.93 $504.61 644 Ironwood 051 W07AA00700 Koepp ingPaul R & Kristen K ' Terrace 63.32 $492.10 656 Ironwood 051 W07AA00800 Glavnik, Nikolay & Lyudmila Terrace 61.65 $479.12 668 Ironwood 051 W07AA00900 Wolfer Jon A & Debra R Terrace 60.56 $470.65 682 Ironwood Nielsen, Shannon T & Rubin, Terrace 051 W07AA01000 Steve P 208.49 $1,620.30 2515 Heron Street 051 W07AA01100 Seethoff, Patrick M & Mary Anne L. 66.67 $518.13 2537 Heron Street 051 W07AA01200 Dean, William T & Sandra J 55 $427.44 Federal Home Loan Mortage 2559 Heron Street 051 W07AA01300 Corp C/O Quality Loan Service Corp 1 54.97 $427.20 2571 Heron Street 051 W07AAO1400 Blomberg, Walter M & Norma T 140.69 $316.23 Page 5 — COUNCIL BILL NO. 2782 ORDINANCE NO. 2454 695 Ironwood Terrace 051 W07AA01500 Gsell Susan H 36.96 $287.24 683 Ironwood Staats Fam LT & Staats, William Terrace 051 W07AA01600 J Tre 62.91 $488.91 671 Ironwood Terrace 051 W07AAO1700 Christoff, David J. & Jane E 61.59 $478.65 669 Ironwood 051 W07AA01800 Reinhardt, John A & Rena F Terrace 60 $466.30 657 Ironwood 051 W07AA01900 Barbour, John & Barbour, Linda 60 $466.30 Terrace 645 Ironwood 051 W07AA02000 Riehl Julia F Marcotte -Ling Terrace 60 $466.30 623 Ironwood 051 W07AA02100 Beam, Thomas L & Suzan T Terrace 60 $466.30 601 Ironwood Terrace 051 W07AA02200 Blanke, David E & Cristina C 60 $466.30 599 Ironwood Edick Fam Tr & Edick, Richard Terrace 051 W07AA02300 C Tre & Edick, Christine M Tre 84.52 $656.85 587 Ironwood Carter, Raymond B & Catherine Terrace 051 W07AA02400 M 67.02 $520.85 575 Ironwood 051 W07AA02500 Arms, Stanley E & Rosary A Terrace 60 $466.30 563 Ironwood 051 W07AA02600 Jones Bert S Terrace 60 $466.30 559 Ironwood 051 W07AA02700 Garcia, Jose L & Georgina Terrace 60 $466.30 537 Ironwood 051 W07AA02800 Shumway, David L & Sally J Terrace 60 $466.30 525 Ironwood 051 W07AA02900 Jones Janice I & David M Terrace 60 $466.30 503 Ironwood 051 W07AA03000 Summers, Scott D & Susan M Terrace 60 $466.30 495 Ironwood 051 W07AA03100 Park Sang C & Lee, Soon I Terrace 60 $466.30 489 Ironwood 051 W07AA03200 Brewer Robert K & Kim M Terrace 60.07 $466.84 467 Ironwood Shim, Hyong W & Shim, Mi Terrace 051 W07AA03300 Young 60.16 $467.54 445 Ironwood 051 W07AA03400 Dooley, Michael R & Maureen P Terrace 60.15 $467.46 423 Ironwood 051 W07AA03500 Miller, Mari Lee Terrace 61.27 $476.17 428 Ironwood 051 W07AA03600 Maxwell, Michael P & Patricia J Terrace 56.85 $441.81 487 Inglewood Lane 051 W07AA03700 Ka ssof, Bill & Noreen 144.37 $1,121.98 465 Inglewood Lane 051 W07AA03800 1 Kapssof, Bill & Noreen 60.45 $469.79 Page 6 - COUNCIL BILL NO. 2782 ORDINANCE NO. 2454 Page 7 - COUNCIL BILL NO. 2782 ORDINANCE NO. 2454 Veliz, Liza M & Torres -Solis 443 Inglewood Lane 051 W07AA03900 Rodrigo 60.45 $469.79 444 Inglewood Lane 051 W07AA04000 Avalos, Luis Alberto Cardenas 55.47 $431.09 458 Inglewood Lane 051 W07AA04100 Hannon, Jay E & Becere, Sally 55.47 $431.09 470 Inglewood Lane 051 W07AA04200 Carr, Kevin M & Lisa H 55.47 $431.09 486 Inglewood Lane 051W07AA04300 Perez, Ignacio 144.94 $1,126.41 491 Muirfield Lane 051 W07AA04400 Haugh, Aleta D & Aaron 151.78 $1,179.57 492 Muirfield Lane 051 W07AA04500 Kim, Anna B 157.3 $1,222.47 2511 Graystone Drive 051 W07AA04600 Shones, Gabriel D 68.97 $536.01 2523 Graystone Drive 051 W07AA04700 Peterson, Daniel & Sylvia 55.35 $430.16 2535 Graystone Drive 051 W07AA04800 Smith Lauretta F 55.23 $429.22 2547 Graystone Drive 051 W07AA04900 Del Castillo, Jesus & Maria H 55.04 $427.75 2569 Graystone Drive 051 W07AA05000 Jaynes Peggy A 55 $427.44 2571 Graystone Drive 051 W07AA05100 Stuart, Robert A & Catherine O 71.94 $559.09 2583 Graystone Drive 051 W07AA05200 Cantu, John & Alma 76.8 $596.86 2595 Graystone Drive 051 W07AA05300 Everson, Richard L 145.87 $1,133.64 470 Ironwood 051 W07AA05500 Ironwood @ Tukwila Terrace (Park) Homeowners Assn Inc. 209.75 $1,630.09 2590 Broadmore Place 051 W07AA05600 Kent Santiago A & Kelly L 161.19 $1,252.70 2578 Broadmore 051 W07AA05700 Salinas, Ismael Jr & Salinas, Place Dalia 53.85 $418.50 2556 Broadmore Place 051 W07AA05800 Keddie, Reginald H & Lora D 62.54 $486.04 2534 Broadmore 051 W07AA05900 Whiteley, William R & Greeley, Place Eileen F 62.5 $485.72 2522 Broadmore 051 W07AA06000 Sifuentez, Daniel B & Angie M Place 38.63 $300.22 2510 Broadmore 051 W07AA06100 Cross, Marilyn J & Richard L Place 43.16 $335.42 2519 Broadmore Veliz, Raul Jr. & Marie -- Place 051 W07AA06200 Trustees of the Veliz Revocable Living Trust 42.33 $328.97 2537 Broadmore 051 W07AA06300 Jensen, Darryl Ingvard Place 54.16 $420.91 2555 Broadmore 051 W07AA06400 Nyman, Mark & Monica Place 103.96 $807.93 584 Ironwood 051 W07AA06500 Shubin, George Jr & Tanya N 70.02 $544.17 Page 7 - COUNCIL BILL NO. 2782 ORDINANCE NO. 2454 Terrace 568 Ironwood Terrace 051 W07AA06600 Gregorie Russell P 173.93 $1,351.71 Shkutnik, Aleksandr N & 464 Muirfield Lane 051 W07AA06700 Shkutnik, Victoria V 60 $466.30 472 Muirfield Lane 051 W07AA06800 Baltazar, Gilberto Medina 60 $466.30 484 Muirfield Lane 051 W07AA06900 Keptya, Ivan & Galina 54.47 $423.32 483 Muirfield Lane 051 W07AA07000 Dunn, Joel F & Andrea R 55.02 $427.59 Shunyayev, Gennadiy & 471 Muirfield Lane 051 W07AA07100 Shunyayeva, Vera 55.02 $427.59 463 Muirfield Lane 051 W07AA07200 Hagar, Jennifer A & James G 55.02 $427.59 Walkway -- Common Area 051 W07AA07300 Tukwila Partners 15.13 $117.58 401 Ironwood Terrace 051 W08BB00100 Camacho, Rosa C 60.81 $472.59 399 Ironwood Terrace 051 W08BB00200 Alzner, Sally L 57.74 $448.73 377 Ironwood Terrace 051 W08BB00300 Mitchell Todd M 59.79 $464.66 365 Ironwood Terrace 051 W08BB00400 Mittmann, Hubertus J & Imme H 48.96 $380.50 343 Ironwood Terrace 051 W08BB00500 Hanberg, Heather R 43.39 $337.21 2598 Edgewater 051 W08BB00600 Campbell, Jacob & Rubert, Drive Kaitlin 40.24 $312.73 2586 Edgewater 051 W08BB00700 Stucki, Berkley J & Stucki, Drive Angie 39.95 $310.48 370 Ironwood 051 W08BB00800 McCallum, Peter J & McCallum, Terrace Ila F 158.64 $1,232.89 382 Ironwood 051 W08BB00900 Cortez, Carlos Martinez & Terrace Guillen Roberto Marin 55.55 $431.71 394 Ironwood 051 W08BB01000 Fernandez, Eduardo & Terrace Fernandez, Donna 55.04 $427.75 416 Ironwood Terrace 051 W08BB01100 Sanchez, Oswaldo G 55.47 $431.09 431 Inglewood Lane 051 W08BB01200 Wallace, Thomas J Trustee 60.45 $469.79 427 Inglewood Lane 051 W08BB01300 Stevland, Britt C 60.45 $469.79 415 Inglewood Lane 051 W08BB01400 Heide, Michael D & Heide Teresa A 50.46 $392.15 403 Inglewood Lane 051W08BB01500 Deutsche Bank National Trust 144.94 $1,126.41 408 Inglewood Lane 051 W08BB01600 Potter, Randall J 157.54 $1,224.34 Baltazar, Hipolito M & Baltazar, 412 Inglewood Lane 051 W08BB01700 Elizabeth F & Fregoso, Guillermo A 55.47 $431.09 Page 8 - COUNCIL BILL NO. 2782 ORDINANCE NO. 2454 SECTION 10. BANCROFT BONDING ACT: Installment payments of special assessments under this LID over a period of 10 years may be made subject to the Bancroft Bonding Act (ORS 223.205 - 223.295). The Finance Director is delegated the authority to establish an interest rate pursuant to law. Page 9 - COUNCIL BILL NO. 2782 ORDINANCE NO. 2454 Dunbar, Nathan C & Dunbar, 426 Inglewood Lane 051 W08BB01800 Maryann M 55.47 $431.09 2574 Edgewater Drive 051 W08BB02000 Cantu, John A Jr 166.32 $1,292.57 335 Quail Run Circle 051 W08BB02100 Robinson, Donna 57.64 $447.95 327 Quail Run Circle 051 W08BB02200 Sterling, Mark D & Sterling, Marcia 38.76 $301.23 Jagernauth, David & Haglund, 315 Quail Run Circle 051 W08BB02300 Christina L 41.56 $322.99 316 Quail Run Circle 051 W08BB02400 Jamison, Gilbert D & Shirley K 30.48 $236.88 328 Quail Run Circle 051 W08BB02500 Sanders, Lon L & Sanders, Peggy S 42.09 $327.11 336 Quail Run Circle 051 W08BB02600 Yan, Kristi L & Yan, Ming 62.57 $486.27 2562 Edgewater 051 W08BB02700 Baxley, Richard A & Baxley, Drive Deanna C 143.86 $1,118.02 2550 Edgewater 051 W08BB02800 Ellingson, David B & Ellingson, Drive Kimberly 55 $427.44 2548 Edgewater 051 W08BB02900 Wills, John F & Wills, Deborah Drive B 55 $427.44 2536 Edgewater 051 W08BB03000 Kuznetsov, Antoni K & Drive Kuznetsov, Ekaterina 55 $427.44 2524 Edgewater Drive 051 W08BB03100 Marquez, Robert C 55.55 $431.71 2512 Edgewater 051 W08BB03200 Miller, Shawn L & Miller, Drive Christine M 50.88 $395.42 402 Muirfield Lane 051 W08BB03300 Pascalar, Tracy W & Pascalar,Robert 37.81 $293.84 420 Muirfield Lane 051 W08BB03400 Kim, Andrey S & Eunah 55.75 $433.27 438 Muirfield Lane 051 W08BB03500 Magruder, Kimberly A 60 $466.30 456 Muirfield Lane 051 WO8BB03600 Graff, Gerald II & Brandy A 60 $466.30 451 Muirfield Lane 051 W08BB03700 Washington Mutual Bank 55.02 $427.59 437 Muirfield Lane 051W08BB03800 Martynyuk, Alex V & Martynyuk, Marina S 55.04 $427.75 421 Muirfield Lane 051W08BB03900 Bauman, Jerry 145.01 $1,126.96 TOTAL 8,083.03 $62,818.00 SECTION 10. BANCROFT BONDING ACT: Installment payments of special assessments under this LID over a period of 10 years may be made subject to the Bancroft Bonding Act (ORS 223.205 - 223.295). The Finance Director is delegated the authority to establish an interest rate pursuant to law. Page 9 - COUNCIL BILL NO. 2782 ORDINANCE NO. 2454 SECTION 11. MAXIMUM LIMIT OF ASSESSMENT AMOUNT: The assessment amounts shown in this document shall be fixed as the maximum amount to be assessed against the properties for the said improvement. Any additional cost shall be paid by the City. Approved as to form: Passed by Council Submitted to the Mayor Approved by the Mayor Filed in the office of the Recorder Attest: } Cc Marennant, City Recorder City of Woodburn, Oregon Page 10 —COUNCIL BILL NO. 2782 ORDINANCE NO. 2454 June June 10, 2009 June 10, 2009 June 10, 2009 Exhibit "A" IRONWOOD @ TUKWILA AREAS OF SIDEWALK REPAIR _ IL, LII M SIDEWALK TO BE REPLACED 1QNUMBER OF PANELS TO BE REPLACED t M7 MINOR TRIPPER (COULD BE GROUND) I SP SUNKEN PANELS (REPLACE) PARKING ,O 84- IAI AI. I IAI � G I I.li - At Figure 7 -- Suggested New Tree Place Page 13 1 INCH Q SCALE 1" = 120' Exhibit "B" IRONWOOD @ TUKWILA SUGGESTED TREE PLACEMENT I �i 2d I2� 422 i r - 2 24 lI 6] 62 •� I .,•.I 7 i s 1 °`96 � 4 i 95 81!60 7o 78 i ° 57 94 91 92 i 69 Be g. B7 56 \� j 86 i • 77 66 ZS 1 . \\ 91 85 1 — II 55 ` _ ` 26v '•27 1 L_5o I ..1 1 r 544 2 28 / 4 46 51 30 4 / 1 / 35 / 1 d - Figure 6 -- Suggested New Tree Placement Page 10 1 INCH SCALE 1 - 120' COUNCIL 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 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 1.101.02.0 of Ordinance 2313 (the Woodburn Development Ordinance) is added to read as follows: "C. As used in the WDO: 1. The term "shall" is mandatory. 2. The term "should" is discretionary. 3. The term "may" is permissive. 4. The term "standard" indicates a mandatory requirement. The decision -maker shall require conformance with a standard unless a Page 1 - COUNCIL BILL NO. 2743 ORDINANCE NO. 2446 variance zoning adjustment, exception, or other relief has been granted. 5. The term "auideline" indicates a norm that is accepted in the community. The decision -maker shall require conformance with a guideline unless it finds that the guideline is unwarranted, unnecessary, duplicative, or unreasonable under the particular 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 requirements in the City of Woodburn (April 16 1963) or for land in Marion County not yet incorporated in the City of Woodburn prior to maior partition regulations (August 8, 1962) and minor partition regulations (September 1, 1977), 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: +o.,+,� ,�es. A brick, poured concrete, precast concrete, or CMU wall, that has an earth tone coloration other than grey on at least eighty-eight percent (88%) of the surface; incorporates at least two colors; is architecturally treated with scoring, texture, or pattern on at least eighty- eight 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, per table 3.1.5. ReGecceni fer 20 sqwGre foot of surfGre Gree" 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 Ybf4 Setback and Setback Abutting a Street: 2. Minimum Interior Side Yard and Interior Rear Yard Setbacks a. Dimensions: 1) Side YGFd Setback. The minimum side yG�d 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 y4wd setbacks are a minimum of 12 feet; or b) 5 feet, when the rear y-Grd setback complies with dimensions of Section 2.102.06.C.2.a.2)a) . 2) Rear Ywd Setback. a) The average rear y-Grd setback (as defined in Section 1.102) for all lots, EXCEPT a flag lot shall be: b) The minimum rear yard setback for a flag lot shall be either one of the following: (i). A minimum 12 feet, when all yGFd 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 YGFd Setback and Setback Abutting a Street: 2. Minimum Interior Side Y-G4�d and Interior Rear fid -Setbacks. a. Dimensions: 1) Side YG.Fd Setback. The minimum side d setback for all lots shall be 5 feet, or 7% of the lot width, whichever is greater. 2) Rear Setback: The minimum rear yaFd setback for all lots shall be 5 feet. b. Off Street Parking and Maneuvering: 1) Off street parking, maneuvering and storage shall be permitted in the side and rear yGFd 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 Y4;w-d Setback and Setback Abutting a Street: 2. Minimum Interior Side and Interior Rear YGFd 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 -Y� 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 Y-( d Setback and Setback Abutting a Street: 2. Minimum Interior Side and Rear YGFd 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-�r Setback and Setback Abutting a Street: 2. Minimum Interior Side and Rear Y-GrdSetbacks." Section 13. Section 2.1 10.06 regarding yard setbacks is amended to read as follows: "C. Setback and Buffer Improvement Standards. 1. Minimum Front YGrd Setback and Setback Abutting a Street: 2. Minimum Interior Side and Rear YAaFd Setbacks." Section 14. Section 2.1 1 1.05 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 Yid Setbacks." Page 4 - COUNCIL BILL NO. 2743 ORDINANCE NO. 2446 Section 15. Section 2.114.08 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 YGrd Setbacks." Section 16. Section 2.115.02 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 YaFd Setback and Setback Abutting a Street 2. Minimum Interior Side YGFd and Interior Rear YGrd Setbacks. a. Dimensions: 1) Side YGFd Setback. The minimum side yAaFd setback shall be 5 feet. 2) Rear YGFGI Setback. The average rear y4af- 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 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 side-yer4 setbacks shall be a minimum of 10 feet, EXCEPT where: D. Attached Single Family Dwelling (Row Houses) Development Standards. 1. Minimum Front d Setback and Setback Abutting a Street: a. Off Street Parking, Maneuvering and Storage: t) 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 yard setback or any yard abutting a street. 2. Minimum Interior Side Y-a� and Interior Rear Yard Setbacks. Page 5 - COUNCIL BILL NO. 2743 ORDINANCE NO. 2446 a. Dimensions: i) Side Ya�d Setback. The minimum side setback shall be 0 feet, EXCEPT for corner lots, in which case, the minimum street side yew setback shall be 15 feet. 2) Rear Yer4 Setback. The average rear 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 y4wd 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, MID or CO zone; All interior yards shall Wall requirements shall 24 ft. from any portion of or be fully landscaped be determined in n3ein 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 npeinrip mars building mere tom► 16.1 ft. Mess #hen to 28 ft. in height_ 36 ft. from any portion of a nein Primary building mere thGR 28.1 ft. endless tt3en 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. ED. 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 (single-family dwelling only), 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.E 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 • Multiple family dwellings 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 a 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; bc. 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. 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 withi 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 standards WhiGh FedUGe levels equivalent to the performance standards required of single-family dwellings constructed under the state Building Code as defined in ORS Chapter 455." 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 pFedGFRiR predominant construction of immediately surrounding dwellings. Predominant Material and I?reGIGmiR 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: "A. Purpose. Page 9 - COUNCIL BILL NO. 2743 ORDINANCE NO. 2446 A vision clearance area is an area at the intersection of two streets, a street and a driveway or a street and an alley in.which visual obstructions are limited for safety purposes. B. Extent. 1. At the intersection of two streets the vision clearance area is formed by a combination of the following lines: a line extending 30 feet from the two lot lines adiacent to a street, and a third line drawn across the corner of the lot that connects the ends of the lines creating a triangular vision clearance area. 2 At the intersection of a street and an alley, the vision clearance area is formed by a combination of the following lines: a line extending ten feet from the intersection along the back of curb a line extending ten feet from the property line along the alley and a line drawn across the corner of the lot that connects the ends of the lines, creating a triangular vision clearance area. 3 At the intersection of a street and a driveway, the vision clearance area is formed by a combination of the following linen a line extending ten feet from the intersection along the back of curb a line extending ten feet along the side of the driveway, a third line drawn across the corner of the lot that connects the ends of the lines creating a triangular vision clearance area. 4 Within the DDC zone the vision clearance area is formed by a combination of the following lines: a line extending 20 feet from the two curb lines, and a third line drawn across the corner of the lot that connects the ends of the lines, creating a triangular vision clearance area. 5 If a street is subject to a Special Setback under Section 3.103.05, the Special Setback shall be used to define the vision clearance area. C. Prohibited Development. A vision clearance area shall contain no plants, fence, wall, structure, sign, parking space loading space 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. D. Authority to Modify The Community Development Director, with the written concurrence of the Public Works Director, shall have the authority to modify the standards for a vision clearance area upon finding that the waiver is appropriate 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' high) 2 PU Minimum 3 gallon or balled & burlapped 6. 1 Small to Medium shrub (at maturity maximum 4' wide x 4' high) 1 PU Minimum 1 gallon 7. Lawn or other living ground cover 1 PU/50 square feet 8. Berm 1 PU/20 lineal feet Minimum 2 feet high 9. Ornamental fence 1 PU/20 lineal feet 2'/2 - 4 feet high 10. Boulder 1 PU Minimum 2 feet high 1 ] .Sundial, obelisk, gnomon, or gazing 2 PU Minimum 3 feet high ball 12.Fountain 3 PU Minimum 3 feet high Page 11 -COUNCIL BILL NO. 2743 ORDINANCE NO. 2446 TABLE 3.1.5 Definition of a Plant Unit (PU) Material Plant Unit Value Size 13.Bench or chair .5 PUJ lineal foot 14.Raisedl2lanting bed constructed of PU/ lineal foot of Minimum 1 foot high, minimum 1 foot wide in least brick stone or similar EXCEPT CMU material .5 greatest dimension interior dimension I No more than twenty percent (20%) of the required plant units may be satisfied by items in lines 8 through 14. Section 30. Table 3.106.04, Conservation of Significant Trees of Ordinance 2313 is amended to read as follows: A. "Purpose. The purpose of this Section is to establish processes and standards which will minimize cutting or destruction of significant trees within the City. Significant trees enhance neighborhoods by creating a sense of character and permanence. In general, significant trees on private property shall be retained unless determined to be hazardous to life or property. 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. A Qty significant tree removal permit shall be reviewed as a Type I application to authorize the removal of a significant tree, subject to the following EXGEPT1^ ; The property owner shall replace each tree removed with two new trees. A tree required by the development standards of the zone, Section 3 1 or as a condition of permit or land use approval shall qualify as a replacement tree. Page 12 -COUNCIL BILL NO. 2743 ORDINANCE NO. 2446 For the removal of a diseased or dangerous tree, a report from a certified arborist shall be submitted certifying that the tree is dead or dying structurally unsound, or hazardous to life or property, any significant tree removed under this provision shall be replaced in accordance with Section 3.106.04.D,. 3. A diseGsed ef dangerous tree may be removedrip or to obtaining vitheut a permit in an emergency, and the owner shall apply within three days for the removal permit pursuant to this Section. Any significant tree removed under this provision shall be replaced 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 replaced should be of a species not on the prohibited tree list, Section 6.103 as these trees are not recommended for their negative attributes. The replacement tree should be of the same size range at maturity as the significant tree replaced. The property owner shall choose the method of replacement. Replacement shall be accomplished 1. Planting two trees on the subiect property; 2. Planting one tree on the subject property and one tree at a location determined by the Woodburn Community Services Department; or 3. Planting one tree on the subject property and paying a fee - in -lieu to the Woodburn Community Services Department for the planting of one tree at a future time by the City. Page 13 -COUNCIL BILL NO. 2743 ORDINANCE NO. 2446 E. In -Lieu -of Mitigation Fee. The property owner shall pay a mitigation fee for each required replacement tree that is not planted pursuant to Section 3.106.04.D.3. The applicant shall pay the mitigation fee into the City's tree fund. The amount of the mitigation fee shall be established by the City Council in the Master Fee Schedule, based on the average value of a 2 -inch caliper tree available from local nurseries plus planting costs." Section 31. Section 3.107.09, Architectural Walls of Ordinance 2313 is added to read as follows: "A. Applicability. This section shall apply to required architectural walls in all zoning districts. B. Design Guidelines 1. An architectural wall shall meet the texture color, and articulation requirements on the face away from the proposed development. 2. An architectural wall should meet the texture color, and articulation requirements on the face toward the proposed development. 3. An architectural wall shall have a minimum 3" horizontal articulation of at least 1 linear foot of the wall of intervals not more than 40 feet; and 4. An architectural wall shall have a minimum 6" vertical articulation of at least 1 linear foot of the wall of intervals not more than 40 feet. C. Retaining walls Retaining walls shouldlshall meet the texture and color requirements of architectural walls in or abutting residential districts, where the texture and color requirements apply to the visible face of the retaining 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 2010 days before the first Page 14 -COUNCIL BILL NO. 2743 ORDINANCE NO. 2446 hearing of a Type IV application the Director shall prepare and send, by first class mail, notice of the hearing to all record owners of property within 250 feet of the subject property and to any City -recognized neighborhood association whose territory includes the subject property." 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 II, III 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. Notice of the hearing shall be issued pursuant to WDO Section 4.101.09. et Section 34. Section 5.103.11, Variance, of Ordinance 2313 is amended to read as follows: A. "Criteria. A variance may be granted to allow a deviation from a WDO development standard where the following criteria is met• Strict adherence to the WDO standards is not possible or imposes an excessive burden on the property owner, and 2. Variance to the standards will not unreasonably impact adiacent existing or potential uses or development A variance may not be granted from a standard governing use 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. Additionally, certain specified minor deviations to development standards are allowed by a Type II Zoning Adjustment, 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 be Considered. Qiter+a- 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. c. 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; 5. 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 bor-borne by the community for development;" Section 36. Section 5.104.01 .F is added to read as follows: "5 104 0l F Zoning Designation for Annexed Property 1 All land annexed to the City shall be zoned as follows unless an application to rezone the property to another zone has been submitted: a Property shall be designated as RS, when the comprehensive plan designation is Low Density Residential. b Property shall be designated as RM when the comprehensive plan designation is Medium Density Residential. Page 17 -COUNCIL BILL NO. 2743 ORDINANCE NO. 2446 C. Property shall be designated as CO, when the comprehensive plan designation is Commercial. d. Property shall be designated as IL, when the comprehensive plan designation is Industrial. e. Property shall be designated as P/SP, when the comprehensive plan designation is open space and parks or public use. 2. If the annexed property is within an overlay designation, overlay shall apply to the annexed property." Section 37. Table 6.104 of Ordinance 2313 is amended to read as follows: Page 18 -COUNCIL BILL NO. 2743 ORDINANCE NO. 2446 Use (NAILS #) IRS tRIS RM CO CG DDC NNC IP IL PlSP RCWOD NodalS RM Construction of BuJldinRs J_SW�I�RTNodal P 4"� _ — _A.—__ _a_/It'll %_V1131Ll M-LIVU `6J j Food manufacturing 311) Construction of BuJldinRs P P Bakeries 31181 P P P P general Cefitfa(233-236) Beverage and tobacco product manufacturing P P 312 Heavy and Civil Engineering construction (234- P P Textile product mills 314 237) P Apparel manufacturing 315 SPG SP P P Special trade contractors (235-238) Leather and allied products manufacturing 316 P P P Other leather manufacturing 31699 Plumbing, heating and air-conditioning SPl3 SP P contractors (245k L38220) Paper manufacturing 317 Paper and wall 6e*tog EaeiffieteF covering Paper manufacturing317) limited to assemblyP P P (� 1-3 8320) P Mason 238140 Dr all and Installation 238310 Tile (238340) Floor la in contractors (235520) P Roofing, siding, and sheet metal construction P contractors (2356 10) entirely within a building Glass and glazing contractors (231850) P Building equipment and other machinery P installation contractors (235950 Ornamental ironwork contracting (235990) P Carpenter 238130 entire) within a buildin —AEP AAanrrfamtiirincT (11 _11) Page 19 — COUNCIL BILL NO. 2743 ORDINANCE NO. 2446 Food manufacturing 311) P P Bakeries 31181 P P Beverage and tobacco product manufacturing P P 312 Textile product mills 314 P P Apparel manufacturing 315 SPG SP P P Leather and allied products manufacturing 316 P P Other leather manufacturing 31699 SPl3 SP Paper manufacturing 317 Paper manufacturing317) limited to assemblyP P Page 19 — COUNCIL BILL NO. 2743 ORDINANCE NO. 2446 Use (NAICS #) RS RIS RM CO CG DDC NNC IP IL P/SP RCWOD SWIR Nodal RS Nodal RM Printing and related support activities 318 P P Wood products manufacturing 321 Cu P Paper manufacturing 322 Cu Printing and related support activities 323 P P P Petroleum and coalmanufacturing 324 .products Petroleum and coal products manufacturing (324) with all storage underground Cu Chemical manufacturing 325 CU CU C—U Plastics and rubber product manufacturing 326 P P Nonmetallic mineral product manufacturing 327 P P Primary 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 equipment manufacturin 336 P P P Furniture and related product manufacturing 337 SPU SP P P Household and institutional furniture and kitchen cabinet manufacturing (337 1 ) entirely within a building P Misc. Manufacturing 339 P P Sporting oods manufacturing (33992) SPH SP Doll, to and game manufacturing (339 3) SPU SP Wholesale Trade (42) Wholesale trade, durable goods (424 423) P P P EXCEPT motor vehicle wrecking yards (424440 X30)(423140 and 423930) Wholesale trade, nondurable goods 422 424 P Wholesale trade, nondurable goods (42-2 424) P P Page 20 - COUNCIL BILL NO. 2743 ORDINANCE NO. 2446 Use (NAICS #) RS RIS I RM I CO CG DDC I INC I IP IL P/SP RCWOD SWIR I Nodal RS I Nodal RM I I Retail Trade (44-45) Motor vehicle and parts dealers 441 SPO 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 equipment dealers CU Tractor and farm machinery and equipment dealers SPJJ Truck dealers INCLUDING new truck, used truck, parts and tire dealers SPO Furniture and home fumishin s stores 442 P P P Picture frame shop 442299 SCU SCU SCU SCU Electronics and appliances steres 443 P Stores and repair (44310) Building material and garden equipment 444 Building material and supplies dealers (444) with all outdoor storage and display enclosed by a 7' masonry wall P Paint, wallpaper, and interior decorating stores (444120) P P P Hardware stores (44413) P P P Light fixture stores 444190) P P P Garden supply stoFe-(4442-2) Nursery, Garden Center and Farm Supply Stores 444220 P P P Use (W/O NAICS classification) Farm, garden and landscaping supplies SPL1 Food and beverage stores 445 P Grocery store, food market, food store 44511 CU P Meat markets (44521) P P P Fish markets LIMITED TO sales only (44522) P P P Candy, nut, confectionery stores. 445292 P P P Dairy products stores LIMITED TO sales only. P P P Page 21 — COUNCIL BILL NO. 2743 ORDINANCE NO. 2446 Use (NAICS #) RS RIS RM CO CG DDC NNC IP IL P/SP RCWOD SWIR Nodal RS Nodal RM (44529) Page 22 - COUNCIL BILL NO. 2743 ORDINANCE NO. 2446 Use ************************** RS RIS RM CO CG DDC NNC IP IL P/SP RCWOD SWIR Nodal RS Nodal RM Delicatessen stores (445110, 445210, and 722211 P P P 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 Hearing aid stores. (446199) P P P Gasoline stations 447 CU Gasoline stations with convenience stores (4474-9 4471 10) CU Clothing and clothing accessories stores 448 SCU SCU P SCU SCU Clothing stores (448 10) P P P Men's (4481 IQ) Women's (448120) Children's 448130 Furriers and fur shops (44819) P P P Jewelry, watch, and clock stores (44815 & 44831) P P P Shoe stores 44823 P P P Luggage stores 44832) P P P P F Sporting goods, hobby, book, and music stores 451 P Sporting oods stores (443444 45 1 1 10) P P P Gun shop 451110 P P P Hobby shops 45112) P P P Toy stores (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 (4521 1) P P P Book stores (4-524451211) 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 shops (45311) P P P Stationery stores (45321) P P IP Page 24 - COUNCIL BILL NO. 2743 ORDINANCE NO. 2446 Use (NAILS #) RS RIS RM CO CG DDC NNC IP IL P/SP RCWOD SWIR Nodal Nodal RS RM Business machines, typewriters and repair 453210) P P P Limousine service (4853) Cu Gift, novelty, souvenir shops (45322) P P P Special needs transportation (485991) CU Greeting card stores (45322) P P P Used merchandise stores (4533), other than antique shops CU P Antique sho s453310 P P P Used merchandise stores (4533 1) P P Pet stores (45391) P P P Art gallery (45392) SCU Scu SCU S6U P P P SCU SCU Manufactured (mobile) home dealers. 453930) CU P SP14 Artists supply stores (453998) P P P Electronic shopping and Mail order houses (4541 1) P P Use (W/O NAICS classification) Auction houses EXCEPT livestock and poultry sales P QFfhepedie and af4ifieial limb stores Prosthetic Stores 446199 P Temporary fetail residential sales: a. Produce and plant materials grown on the subject property b. Estate, garage and yard sales C. Crafts and other hobby items SPU SP &U SP SP SP SP Transportation and Warehousing (48-49) Truck transportation 484 CU P Transit and ground transportation 485 CU P Urban transits stem (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 Page 25 - COUNCIL BILL NO. 2743 ORDINANCE NO. 2446 Use (NAICS #) RS RIS RM CO CG DDC NNC IP IL P/SP RCWOD SWIR Nodal RS Nodal RM Newspaper, periodical, and book publishing. Support Activities for Rail Transportation (488210) P P P P (5111) Motor vehicle towing (48841) CU Motion picture, sound recording industries 512 Freight transportation arrangement (4885 10) Cu P Motion picture theaters (51213 1) EXCEPT Postal service (49 1 ) P P P P drive-ins Warehousing and storage (493) CU P Broadcasting and telecommunications 513 Use (w/o NAICS classification) Self- and mini -storage Cu Fz U— P Information (5 1) Publishing (51 1) P Newspaper, periodical, and book publishing. P P P (5111) Motion picture, sound recording industries 512 Motion picture theaters (51213 1) EXCEPT P drive-ins Broadcasting and telecommunications 513 Radio and TV 44 5151 P Radio and TV studios and offices (3.134 515 1) P P P P EXCEPT antennae and towers Cable networks 54-32 515210) P P P P Telecommunications (34-33 517 1) 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. infeFfna6en and data ffe6eSSiAg Data Processing, P P P P Hostin and Related Services X1-4 518 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 Nodal RM Finance and insurance (52) EXCEPT check cashing, pay day loan and aFA 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 C -UP Use (w/o NAICS classification) Check cashing, pay day loan and cash transfer establishments, other than banks CU clu Real estate 531 P P P P Rental and leasing 532 Video tape and disc rental (53223-01 P Rental and leasing (532) without outdoor display or storage, EXCEPT video tape and disc rental 532230 P Rental and leasing (532) without outdoor display or storage R P P General rental centers (5323 10) with all outdoor storage and display on a paved surface P Use (w/o NAICS classification) ReS;wd.enti.al -S.Rie-s-offiee 96 &U Professional, scientific and technical services 54 Legal 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 design services (5414) SCU SCU P P P P P SCU SCU Computer system design 5415) SCU SCU P P P P P SCU SCU Management eensulting Management, Scientific and Technical Consulting Services SCU SCU P P P P P SCU SCU (5416) Scientific research and development. 5417 SGU CU P Advertising (5418) SCU SCU P P P P PSCU SCU Other professional services (5419), EXCEPT veterinary service (541940) not contained in a building P P P P P Veterinaryservice. (541940) Cu P Administrative and support services 561 P P Page 27 - COUNCIL BILL NO. 2743 ORDINANCE NO. 2446 Use (NAICS #) RS RIS RM CO CG DDC NNC IP IL P/SP RCWOD SWIR Nodal RS Nodal RM Administrative and facilities support services. (561 1 and 5612) P P P P Employment services. (5613) P P P P Business support services INCLUDING copy shops. (5614) P P P P Travel and tour agencies. 5615) P P P P Telephone answering service (561421) SCU SCU P P P SCU SCU Investigation and security services. (5616) P P P P Services to buildings and dwellings (5617), offices only P P P P Services to buildings and dwellings (5617) P Other support services 56199) P P P P Recycling Centers (562920) CU CU Use (w/o NAICS classification) Fumace eleanift4 P Educational services 611 Elementary and secondary schools 6111) CU CU P P CU CU CU Community college 6112) R Iz P P Business schools (61 14) P P P P Technical and trade schools (61 15) P P P P P P Ambulatory health care facilities 621 61=1 CU Ambulatory health services (62 1) EXCEPT ambulance service (62191) P P P P GU P P Offices of Physicians (6211) SCU SCU P P P SCU SCU Offices of Dentists 6212 SCU SCU P P P SCU SCU Offices of Other Health Practitioners 6213 SCU SCU P P P SCU SCU Ambulance service (62191) CU CU 613 P P CU Hospitals 622 CU Social assistance 624 P P P P Other individual and family services 6241 SCU 861d SCU scu P P P P SCU SCU Child day care services (6244) SCU P. SCU P P SCU 1 P SCU Child day care services (6244), EXCEPT CU I I I P P CU 1 "Furnace cleaning" is not listed in the DDC zone, however, it would be a "Plumbing, heating and air-conditioning contractors (235110)", as listed in Section 2.106.01.13.1 Page 28 - COUNCIL BILL NO. 2743 ORDINANCE NO. 2446 Use (NAICS #) RS RIS RM CO CG DDC NNC IP IL P/SP RCWOD SWIR Nodal RS Nodal RM family child day care for 12 or fewer children Use (w/o NAICS classification) Family child day care for 12 or fewer children P P IP Group home or group care facilities P CU P Group home P P P P P Performing arts and spectator sports (71 1) P Taxidermists. (71 151) P P P Museums and historic sites (712) Museums and historic sites (712) EXCEPT zoos(712130) P P P P Amusement, Entertainment and Recreation (713) Fitness and recreational sports (W49L713940) P P P p Bowling centers (71395) P Other amusements INCLUDING ballrooms (713990) P Use (w/o NAILS classification) Aquatic facilities CU Community center 12 P P Community club buildings and facilities SP &W SP &N SP &U SP SP Golf courses without a driving range SP &U SP &U SP &U P SP SP Golf driving range Cu CU CU CU CU Parks P P P P P Parks and playgrounds P P P P P P Play or ball field CU Temporary Outdoor Marketing and Special Events: a. Arts and crafts b. Food and beverages, including mobile food services C. Seasonal sales of fireworks, Christmas trees, produce or plant materials d. Amusement rides and games C. Entertainment 914 SP &U SP SP &U SP Page 29 - COUNCIL BILL NO. 2743 ORDINANCE NO. 2446 Use (NAICS #) RS RIS RM CO CG DDC NNC IP IL P/SP RCWOD SWIR Nodal RS Nodal RM f Any other merchandise or service which is neither accessory to a primary, permanent use of the subject property nor marketed by employees of that permanent use Accommodation 721 Hotels (EXCEPT casino hotels) and motels 72111) P P P P Bed and breakfast inns (72119 1) SCU SCU P P P P SCU SCU Food Services and Drinking Places 722 Food service and drinking places (722) EXCEPT mobile food service P Food service and drinking places (722) EXCEPT food contractors (723 1) and mobile food service P P P Food services and drinking places (722) for industrial employees EXCEPT mobile food service. Cu Cu Recreational vehicle parks. (7212) Cu clu Use (w/o NAICS classification) Mobile food service subject to Section 2.203.17. &W SP &U SP SP Repair and maintenance 81 1 Automotive maintenance 81 1 1) Cu Electronic and precision equipment repair (8112) P Commercial and industrial equipment repair (8113) Cu Cu clu P P Home goods repair (8114). AD EXCEPT Upholstery (81 142) and Leather repair (81143) Cu Upholstery 81142) P Leather repair (81 143) P Dressmaker and tailor sho s31521 1 P P Personal and laundry facilities 812 Personal care services 8121) P P P P Funeral homes (812210) P P P P Cemetery 812220 P Cu Dry cleaning and laundry service (8123) P Page 30 - COUNCIL BILL NO. 2743 ORDINANCE NO. 2446 Use (NAILS #) RS RIS RM CO CG DDC NNC IP IL P/SP RCWOD SWIR Nodal RS Nodal RM EXCEPT linen supply (81233) Laundry, self service (81231) P P P Dry cleaning, self service (8123 1) P P P Linen supply (81233) Cu Photo finishing (81292) P P P P Parking lots and garages (81293) Cu P P Cu Parking lots and garages (81293) EXCEPT extended vehicle storage (493944 A 493190) P P P P P Iz Public parking lots and garages (81293) EXCEPT extended vehicle storage. (4939190 493190) and parking as an Accessory Use PCU All other personal services 812990) P P P P Religious, civic and social organizations 813 P P P P Use (w/o NAICS classification) Delivery services St4 SP Sia SP Su SP Siff SP Su SP Su SP SP SST SP Su SP Su SP SP SP SP P P AW Electric motor repair, entirely within a building P Home Occupation Sia SP St4 SP Su SP SP SP House of worship81L 3110) Su SP Su SP &U SP SP SP Motor vehicle wrecking yards Cu Off street parking in conjunction with a non- residential use allowed in the zone CU CUCU Cu Cu Public parking for uses in the same zoning district AU Residential sales office Sal SP Su SP SP SP Peeyeling centers C CU Public Administration 92 P P P P Fire protection (922160) 1 P P P P Cu R Use (w/o NAICS classification Government maintenance facilities and storage yards P P P Page 31 - COUNCIL BILL NO. 2743 ORDINANCE NO. 2446 Use (NAILS #) RS RIS RM CO CG DDC NNC IP IL P/SP RCWOD SWIR Nodal RS Nodal RM Government and public utility buildings and structures EXCEPT uses permitted in the subject zone and telecommunication facilities subject to Section 1.104.03 CU Cu Cu Cu Cu Cu Cu Cu Cu Cu Cu Government and public utility buildings and structures EXCEPT uses pennitted in Section 1.103.01; telecommunication facilities subject to Section 1.104.03; and elementary, middle and high schools Cu Government and public utility buildings and Cu structures EXCEPT uses permitted in Section 1.110.01 and telecommunications facilities sub ect to Section 2.204.03. fl3 GW GW Rights of way, easements and the improvements therein P P P P P P P P P P P P P events 1z �_ 12 Use (w/o NAILS classification) Site-built single family dwelling. P P P P P Manufactured home on a lot Sia SP Sia SP Sia SP SP SP Attached single family dwelling row houses) P Dwelling for caretaker or watchperson. P P AU P One dwelling unit in conjunction with a commercial use P P P P Temporary housing for night security personnel during construction, Facilities durinr construction SP SP &U SP &U SP Sid SP Sia SP 9t3 SP Sia SP Sia SP Sri SP SP SP SP Duplex dwelling W SP P SP P R P P 12 2 to 3 dwelling units SCU SCU Manufactured dwelling ark la SP SP Multiple family dwelling units P Cu Cu P Complementary residential use 1 Sri SP Sri SP SP Nursing care facilities. (6231) P Cu Cu P Assisted living facilities. (62331) P Cu CU P Page 32 - COUNCIL BILL NO. 2743 ORDINANCE NO. 2446 Use (NAILS #) RS RIS RM CO CG DDC NNC IP IL P/SP RCWOD SWIR Nodal RS Nodal RM Rooming and boarding house (7213) P CU P Use (w/o NAICS classification) Agricultural practices without livestock &U SP &U SP Sia SP &U SP Su SP &U SP Std SP &U SP SP SP SP Boat and recreational vehicle storage pad Sia SP &U SP SP SP Boat and recreational vehicle storage area Sal SP &U SP SP SP Garage (or carport in the case of a manufactured home) AU AU AU AU Garage with a maximum capacity of three cars (or carport with a maximum capacity of two cars in the case of a manufactured home) AU Deck or patio AU AU AU AU Fence or free standing walls AU AU AU AU AU AU AU AU AU AU AU AU AU Greenhouse or hobby shop AU AU AU AU AU Pets and pet accommodations for five or fewer pets owned by the occupants of the residence AU AFS Private recreational facilities, including swimming pool, hot tub or sauna, and game courts AU AU AU AU Personal storage structure AU AU AU AU Telecommunication Facilities SCU SCU SCU Trails P Passive recreation uses and activities P Maintenance of existing structures lawns and P ardens Normal maintenance and expansion of existing P public facilities Removal of invasive non-nativeplant species P Page 33 - COUNCIL BILL NO. 2743 ORDINANCE NO. 2446 Section 38. Figure 6.4, Vision Clearance, of Ordinance 2313 is revised to depict as follows: Figure 6.4,.,— Vision Clearance Area Street Centerline FFFE=Street/Curb Li Line ��Property Line Vision Clearance Area Build;ng 3C—+- WA 2 h 3 Intersection of a street and an Aley/Driveway. 10' Vision Clearance Area from Property Line/Curb Line 4 20' Vision Clearance Area inside the DDC Zone from Curb 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 1. Intersection of 2 streets. 3Q, Visior Clearance Area from 0-operty Line 2 h 3 Intersection of a street and an Aley/Driveway. 10' Vision Clearance Area from Property Line/Curb Line 4 20' Vision Clearance Area inside the DDC Zone from Curb 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 Dat Approv d: Kathryn Fi ey, Myor Passed by the Council September 8 20 Submitted to the Mayor September 10, 2008 Approved by the Mayor September 10, 2008 Filed in the Office of the Recorder September 10, 2008 /� ATTEST: Mary T nant, City Recorder City of Woodburn, Oregon Page 36 -COUNCIL BILL NO. 2743 ORDINANCE NO. 2446 Exhibit "A" CITY OF WOODBURN, OREGON STAFF REPORT to: The Woodburn City Council August 11, 2008 LEGISLATIVE AMENDMENT File: LA 2007-03 PROJECT INFORMATION: APPLICANT: City of Woodburn 270 Montgomery Street Woodburn, OR 97071 Application Commenced: By City Council Resolution No. 1874, passed November 26, 2007 120 -Day Rule Deadline: Legislative amendment not subject to 120 -Day time line. Staff contact: 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: • 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 3.103.10, 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 (RCWOD) zone districts. • Revise Section 2.203.16.17 requiring manufactured dwellings to meet the performance standards equi valent 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. • Revise the "Conservation of Significant Trees" 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 and rules, case precedents, scrivener errors, interpretations, or other changes in circumstances. The WDO was last amended by Ordinance Number 2423 effective July 28, 2007 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 recommendation 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 1.101.081 Annual Review of the WDO......................................................... 3 [WDO 4.101.09.A.31 Type V Notices...............................................................................3 ComprehensivePlan 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] 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 and 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 June 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 month of November so that L\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.C] 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 B-11 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 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. 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 D1.91 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