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Ordinance 2020COUNCIL BILL N0. 1147 ORDINANCE N0. 2020 AN ORDINANCE AMENDING THE WOODBURN 2000 COMPREHENSIVE PLAN AND ZONING ORDINANCE TO MAINTAIN COMPLIANCE WITH STATE LAND USE LAWS AS REQUIRED BY STATE PERIODIC REVIEW, AND DECLARING AN EMERGENCY. WHEREAS, comprehensive plans and other land use ordinances are necessary for the betterment of the community and orderly growth of the city, and WHEREAS, state law requires that cities make land use amendments to provide for the orderly development of such cities, and WHEREAS, the Land Conservation and Development Commission requires periodic review of land use ordinances by all cities and counties, and WHEREAS, hearings were held before the Woodburn Planning Commission and City Council in accordance with applicable Oregon law, and WHEREAS, the Planning Commission and City Council have carefully scrutinized the following amendments, NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Ordinance 1679 (The Woodburn 2000 Comprehensive Plan) is hereby amended to include an additional goal on growth at Volume 1, Page 30, J(2) which shall read as follows: (2) The City shall encourage growth within the guide- lines of state goals and discourage taking exception to those goals unless clearly reasonable and necessary to maintain the health, safety, and substantial rights of the community. Page 1 - COUNCIL BILL N0. 1147 ORDINANCE N0. 2020 Section 2. Ordinance 1679 (The ~Joodburn 2000 Comprehensive Plan) is hereby amended to include an additional policy on growth at Volume 1, Page 30, K(4) Gvhich shall read as follows: The City shall require adherence to Oregon Adminis- trative Rules 660-04-000 through 560-04-035 when revie~ving requests that take exception to statewide land use goals. Section 3. Ordinance 1679 (The Ldoodburn 2000 Comprehensive Plan) is hereby amended to include an additional policy on public services at Volume 1, Page 29, N(10) which shall read as follo4vs: (10) It shall be a policy of the City to maintain a working Capital Improvement Plan (CIP) which shall detail a set of public facility projects, their costs, and funding for a six year period, and for the logical extension of public facilities over a projected twenty year period. It shall further be the policy of the City to conduct an annual revie4v of the CIP and amend it as necessary to insure adequate public infrastructure where needed and to maintain compliance with Goal [(N)(3)] of this document and the Statewide Land Use Goal Eleven (Public Facilities Planning). It shall further be a policy of the City to adopt by ordinance the CIP as a supporting document to the Comprehensive Plan, and shall adopt by ordinance as part of the Comprehensive Plan: 1) The list of CIP project titles. 2) A ~rrritten description of the projects. 3) Certain Urban Growth hSanagement Policy Agree- ments which designate the provider of each public facility system. 4) The map depicting the location far all Capital Improve- ment projects (as per OAR 660-11). Section 4. Section 28.020 (D), Ordinance 1807 is hereby repealed. Section 5. Chapter 36 (Sections 36.010 - 36.080), Ordinance No. 1807 is hereby repealed. Page 2 - COUf1CIL QILL f~10. 1147 ORDINA~dCE N0. 2020 Section 6. Section 34.010, Ordinance ~Jo. 1307 is hereby amended to read as follows: Section 34.010. Use. tdithin any IP Industrial Park District no building structure or premises shall be used, enlarged or designed to be used, erected, structurally altered, or enlarged except for one or more of the folloaving uses: (a) Any use permitted in Subsection (b) of Section 33.010. (b) Other Uses: (1) Dwelling for a caretaker or watchman for the permises only; (2) Gardens, orchards, crop cultivation and timere raising and tree farming; (3) Public utilities; (4} Airport terminal facilities; (5) Ambulance service; (G) Business offices of the firm or operation; (7) Fire stations, municipal maintenance shops; (3) Petal working equipment and machinery manufacturing; (9) Tractor and heavy equipment sales and service; (10) Trade, vocational school; (11) t3holesale firms (not open to the general public); (12) Office and related electronic products manufacturing; (13) Copy machine manufacture; (14) Optical equipment manufacture; (15) Professional, scientific, and controlling equipment manufacture; (16) Computer, calculator, and other electronic equipment manufacture, either the finished product or componenets for such products; Page 3 - COUNCIL BILL N0. 1147 ORDINAPJCE (d0. 2020 (17) Research, development, and scientific agencies; (1D) Business offices of firms located in the IP District. (c) Contracting and Service Facilities: (1) Building contractors (general), highway and street contractors, heavy construction contractors; (2) Special trade contractors, such as concrete work, electrical, excavating, foundation ~rJOrk, septic tank, cess-pool and catch basin, wrecking and demolition; (3) Roofing. Section 7. These amendments are based upon the staff report attached to this ordinance as Exhibit "A". Section ~. This ordinance being necessary for the immediate preservation of the public peace, health, and safety, an emergency is declared 'to exist and this ordinance shall take effect immediately upon passage by the City Council and approval by the Playor. Approved as to form: ~~' _ ~ (~ City Attorney Date ~AP~CY A. I~:I'RKSEY, MAYOR Passed by the CQUnCII April 24, 1989 Submitted to the Nlayor April 26, 1989 Approved by the Playor April 26, 1989 Filed in the office of the Recorder April 26, 1989 ~}, ~ e~.- Nlary Ten'~ant, Deputy Recorder City of Woodburn, Oregon Page 4 - COUPJCIL BILL PJO. 1147 ORDINAPdCE N0. 2020 Exhibit "A" STAFF REPORT PLAN UPDATE FOR PERIODIC REVIEW BACKGROUND- Over the Past eight years Woodbur.^. has successfully ma;ntai.^.ed co:r._oliance :ti~ith State Land Use Goals by including the State in the Review of ail significant changes to the City and its Plans, including, Comprehensive Plan Policy amendments, Zoning Ordinance and P^.a~ amendments , etc . Some examples of Comprehensive Plan amendments incl=cedes the addition of City-v:ide Transportation Plan, a Bicycle and Pedes- trian Plan, adon_tion of a City;County Urban Growth Boundary Agreement, plan te:ct and plan map amendment redesignating the State Righcaay 214; 211; 99E (4 corners intersectio^.; area to Commercial , and the adoption of a set of Doa:rtown Development Goals and Policies. A number of significant Zoning Ordinance additions and a:~endments can also be identified including a Solar Access Protection Ordinance, a revised Subdivision Ordinance, a new Adult E'nter- tainrent Ordinance, a Flood Management Ordinance, and the adaotion of a nei•: Downtoc~*n Historic District Ordinance. The Ci:y~s staff has clearly derlonstrated its interest ir. meeting the c^anging needs and goals of the cometsanity and the State. T t ~ s ~~~e~~a~as~ o:f :the Cite, s attention . to . chars i^ needs that .. g .. g: . ,.. relat~:vely....fec~:~ sig^ificant . chaz:ges to _~e City's adopted plar:s and documents has beer. required thro~.:gh State Periodic ??eviecl. STAFF. CO.~~NTS The P~ooflsed changes ;i`~i.cl,.zded ziith tYi~s reoort i^volve langua5e amend:°nts "t0 thrse^~.'OCtlme.^.tS; t}:e COTII~T'ehenS~~.'E' ~Pl:a:1; t~':e Zt1'ling ` ~rdi::arce and t'he#City; Cour_ty J'rbai: ~Crocrth Bo~.z::darr Agre~:~ert . The ~yrCt -set of changes aHe as Follows: I. COMPREHENSIVE PLAN UPDATE AND REVISIONS: ra; P.s part of the City's initial Periodic Revie:•~ Order the Deoartmert of Land Conservation. and Development asked t'r.e City to revies: its policies regarding e~ceptiors to State Goals. La_^.guage at the State level had changed since Idoodburn's acLnowledgement ir. 1980. In response, staff produced the two nesa oolicies as shown in BOLD print on page _ of the Co.^.:orehensive Plan Uodates and Revisions. (B) Other changes in State Goal language have made it necessary for the City to adopt reca language regarding the provision of Public Facilities to the urbanizing area. Page 2 of the proposed Pla.^. Updates a.^.d Revisions describes the new Public Facilities Policy to be added to the City's Plan. II. ZONING ORDINANCE AMENDMENTS: (A) The City was asked to investigate other statutory changes since acknowledgement which might affect the City's Plan. One item of s_oecial concern cvas the fact that the City's Zoning Ordi.^.ance still identified Mobile Home Parks as a uermitted ease in Commercial Zones. P. ne:v irter_oretation at the State level has recategor- ized N!obile ~-:ome Parks as a non-commercial use, and the City has been instructed to maintain. provisions for i`^obile Home ?arks in Reside..^.tial Zones only. _Tn response, City staff has recommended deleting Mobile Home Parks as a aermitted use =^ the CO {Com.^:ercial Office) zone Section 25.020(d) and thereby limiting their use to Residential zones only. {Page 1 Zo.^.ing Ordinance Amendments). ^::~ State also"'noted that +'.:e City`s Ti:. {~Z::dustrial ". High Technology District) lacked appropriate oollutio.^. .control iang~aag°. S nce the City eiir~i:i~ted all TI? Districts; fro:^_ `the Zone .Mao .some. years, a.go. staff has r.ecommende~: deleting that Cha~iter { 35:) "fro:r. -the ;Ordinance and ., incorporating, all ,ai~dropriate T?? uses into the eyisting T_P {'Trt- . dustrialPark) zone, v:here all pollution control language is in place. Please refer to Page 2 of the Zoning Ordina.^.ce P.:end- mer_ts . III. CITYJCOUNTY URBAN GROWTH BOUNDARY AGREEMENT: ?n order to insure that the City can effectively manage a ?ublic Facilities Plar., the State has recommended that the City and the County add language to t?:e joi.rit Urba.^. Growth 3o~andary Agreement identifying the City as the party orimarily responsible for pub'_ic facilities planning. Please refer to Items ?, 9, 10, and 11 in the City/County urban Growth ~ioiindary Agreement Update. On March 9, 1989 the Planning Commission reviewed a13 of the above referenced amendments and unanimously recommended adoption of the Ianguage as written. RECOMMENDATION• Staff is therefore recommending that the Council review the changes and do one of the following: iA) P.dopt the la.^.guage as caritten and pass an ordinance. ~ ~ ; Modify the ya.^.g~aage . ~C) eject t::e new 3ang~aage and; or order further review by the ?lanning Com:::ission.