06-27-2011 AgendaCITY OF WOODBURN
CITY COUNCIL AGENDA
JUNE 27, 2011 - 7:00 P.M.
KATHRYN FIGLEY, MAYOR
DICK PUGH, COUNCILOR WARD I
J. MEL SCHMIDT, COUNCILOR WARD II
PETER MCCALLUM, COUNCILOR WARD III
JAMES COX, COUNCILOR WARD IV
FRANK LONERGAN, COUNCILOR WARD V
ERIC MORRIS, COUNCILOR WARD V
CITY HALL COUNCIL CHAMBERS - 270 MONTGOMERY STREET
1. CALL TO ORDER AND FLAG SALUTE
2. ROLL CALL
3. ANNOUNCEMENTS AND APPOINTMENTS
Announcements
A. In observance of Independence Day, City Hall offices and the
Library will be closed Monday, July 4, 2011. The Aquatic Center
will be open from 12:00 pm to 5:00 pm on Monday, July 4, 201 1.
B. Wave Broadband 4th of July Celebration - Monday, July 4th,
6:00 pm at Centennial Park. Features family activities, vendors,
crafts, kids' games and activities, bounce houses, music,
entertainment, and a fabulous fireworks show! Admission is free
and concessions will be available for purchase.
C. French Prairie Kiwanis Chuck Wagon Breakfast will be held
July 4, 2011 from 6:00 am to 10:30 am at Legion Park. All
you can eat pancakes, ham and eggs for a small
donation charged in support of the French Prairie Kiwanis.
Appointments
None.
4. COMMUNITY /GOVERNMENT ORGANIZATIONS
A. Chamber of Commerce
B. Woodburn School District
C. Woodburn Unidos
5. PROCLAMATIONS /PRESENTATIONS
Proclamations
A. National Recreation and Parks Month
1
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June 27, 2011 Council Agenda Page i
Presentations
B. 2011 Mary Tennant Award For Excellence in Public Service -
Scott Derickson
C. Transit Plan Update - Dan Brown
6. COMMUNICATIONS
None.
7. BUSINESS FROM THE PUBLIC - This allows the public to introduce items
for Council consideration not already scheduled on the agenda.
8. CONSENT AGENDA - Items listed on the consent agenda are considered
routine and may be adopted by one motion. Any item may be removed
for discussion at the request of a Council member.
A. Crime Statistics through May 2011
Recommended Action: Receive the report.
9. TABLED BUSINESS
None.
10. PUBLIC HEARINGS
A. Exempting the Firearms Range Construction Contract from
Competitive Bidding Requirements.
11. GENERAL BUSINESS - Members of the public wishing to comment on items of
general business must complete and submit a speaker's card to the City
Recorder prior to commencing this portion of the Council's agenda.
Comment time may be limited by Mayoral prerogative.
A. Council Bill No. 2869 - A Resolution Adopting Findings and
Exempting the Firearms Range Construction Contract from the
Requirement of Competitive Bidding.
Recommended Action Adopt the resolution.
2
6
B. Council Bill No. 2870 - A Resolution Agreeing to the Permanent is
Closure of the Mill Street Railroad Crossing Pursuant to an Order
to be Issued by the Oregon Department of Transportation, Rail
Division
Recommended Action: Adopt the resolution.
June 27, 2011 Council Agenda Page ii
C. Council Bill No. 2871 - A Resolution Renewing an Agreement 20
with the Mid - Willamette Council of Governments to Administer
the Business Assistance Loan Program
Recommended Action: Adopt the resolution.
D. Council Bill No. 2872 - A Resolution Approving Transfers of Fy 29
2010 -2011 Appropriations and Approving a Supplemental
Budget.
Recommended Action: Adopt the resolution.
E. City Council FY 2011/13 Goals 34
Recommended Action: By motion, adopt City Council Goals, as
presented in this Staff Report or as deemed appropriate by the
City, for 2011/13.
F. Legislative Amendment 2011 -01, Amendments to Sections 1, 4, 36
and 5 of the Woodburn Development Ordinance
Recommended Action: No action is recommended. Conduct
a workshop on the proposed amendments to the Woodburn
Development Ordinance.
12. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These
are Planning Commission or Administrative Land Use actions that may be
called up by the City Council.
None.
13. CITY ADMINISTRATOR'S REPORT
14. MAYOR AND COUNCIL REPORTS
15. ADJOURNMENT
June 27, 2011 Council Agenda Page iii
NATIONAL RECREATION AND PARRS M ONTH 2011
PROCLAMATION
WHEREAS, Public Parks and Recreation systems are dedicated to enhancing the quality
of life for millions of residents in communities around the world through recreation
programming, leisure activities, and conservation efforts.
WHEREAS, the City of Woodburn desires to build a sense of spirit and pride in our
culturally diverse community by providing quality services that encourage a healthy lifestyle and
improve the safety and quality of life in our community, and
WHEREAS, Participating in recreation provides opportunities for children, youth,
adults and seniors to have life -long fulfillment, fosters a sense of community, and bridges
cultures, and
WHEREAS, Through the many contributions of employees and volunteers in providing
recreation programs, we recognize that these dedicated supporters implement youth activities and
ensure that parks and recreation facilities are safe and accessible places for citizens to enjoy, and
WHEREAS, The Woodburn Recreation and Park Board articulates the needs for
recreation programs and park spaces and advocates for the development of parks and open
spaces in the community,
N OW, THEREFORE, be it proclaimed by the City of Woodburn that July 2011 is
Recreation and Parks Month, and, as Mayor, I encourage all citizens of the City of Woodburn to
enjoy our Parks and participate in Recreation programs.
IN WITNESS WHERE ®F , I HAVE HEREUNTO SET MY HAND AND CAUSED
THE SEAL OF THE CITY OF WOODBURN TO BE AFFIXED THIS 22 - DAY OF JUNE 2011.
I�,ATHRYN FIGLEY, MAYOR
CITY OF WOODBURN
6/21/2011 Woodburn Police Department
MONTHLY ARRESTS BY OFFENSES
JANUARY THRU DECEMBER 2011
CHARGE DESCRIPTION
Total
Jan
Feb
Mar
Apr
May
0
0
0
0
0
0
AGGRAVATED ASSAULT
28
13
0
10
2
3
ANIMAL CRUELTY
1
0
0
0
0
1
ANIMAL ORDINANCES
5
1
0
0
0
4
ASSAULT SIMPLE
54
19
8
11
6
10
BURGLARY - OTHER STRUCTURE
3
0
0
0
0
3
BURGLARY - RESIDENCE
15
4
1
1
6
3
CHILD NEGLECT
4
1
1
1
1
0
CITY ORDINANCE
1
0
1
0
0
0
CRIME DAMAGE -NO VANDALISM OR ARSON
4
0
1
1
1
1
CURFEW
4
0
0
4
0
0
CUSTODY -DETOX
3
1
0
1
1
0
CUSTODY - MENTAL
25
3
4
8
3
7
CUSTODY - PROTECITVE
1
0
0
1
0
0
DISORDERLY CONDUCT
32
3
7
5
10
7
DRIVING UNDER INFLUENCE
48
5
3
12
13
15
DRUG LAW VIOLATIONS
83
3
8
41
19
12
DWS /REVOKED - FELONY
1
1
0
0
0
0
DWS /REVOKED- MISDEMEANOR
10
2
2
2
2
2
ELUDE
1
0
0
0
1
0
EMBEZZLEMENT
2
1
0
0
0
1
ESCAPE FROM YOUR CUSTODY
1
0
0
0
0
1
FAIL TO DISPLAY OPERATORS LICENSE
15
4
2
2
2
5
FAILURE TO REGISTER AS SEX OFFENDER
1
0
1
0
0
0
FORGERY /COUNTERFEITING
14
3
0
0
9
2
FRAUD - BY DECEPTION /FALSE PRETENSES
2
0
1
0
0
1
FRAUD - CREDIT CARD /AUTOMATIC TELLER MACHINE
2
0
1
1
0
0
FUGITIVE ARREST FOR ANOTHER AGENCY
107
17
18
16
29
27
FURNISHING
6
2
0
4
0
0
GARBAGE LITTERING
1
0
0
0
0
1
HIT AND RUN - MISDEMEANOR
5
2
0
1
1
1
IDENTITY THEFT
6
0
1
0
4
1
INTIMIDATION /OTHER CRIMINAL THREAT
25
11
1
6
5
2
KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE
2
2
0
0
0
0
MINOR IN POSSESSION
32
11
3
3
6
9
MOTOR VEHICLE THEFT
2
0
0
1
1
0
OTHER
40
6
6
7
10
11
RECKLESS DRIVING
3
0
0
1
1
1
RESTRAINING ORDER VIOLATION
3
0
1
1
0
1
ROBBERY - BUSINESS
1
0
0
0
1
0
ROBBERY -OTHER
1
1
0
0
0
0
RUNAWAY
13
1
0
4
0
8
EX CRIME - CONTRIBUTE TO SEX DELINQUENCY
2
2
0
0
0
0
EX CRIME - FORCIBLE SODOMY
1
1
0
0
0
0
EX CRIME - MOLEST (PHYSICAL)
9
8
0
0
1
0
EX CRIME - NON FORCE SODOMY
1
0
0
0
1
0
EX CRIME - NON -FORCE RAPE
1
0
0
0
1
0
EX CRIME - OTHER
1
1
0
0
0
0
STOLEN PROPERTY - RECEIVING,BUYING,POSSESSING
2
0
1
0
0
1
HEFT - BICYCLE
1
0
0
0
0
1
HEFT - BUILDING
8
1
1
0
6
0
HEFT -FROM MOTOR VEHICLE
1
0
0
0
0
1
HEFT - OTHER
13
4
2
4
3
0
HEFT - PICKPOCKET
2
0
0
0
1
1
HEFT - SHOPLIFT
46
8
6
13
7
12
TRAFFIC VIOLATIONS
64
1
4
14
19
26
Page 1 of 2
6/21/2011 Woodburn Police Department
MONTHLY ARRESTS BY OFFENSES
JANUARY THRU DECEMBER 2011
2010 Total 654 142 127 127 120 138
2009 Total 842 136 199 169 170 168
1000
800
H 600
N
G1
Q 400
200
0
Arrests / Year
Page 2 of 2 3
2009 2010 2011
Year
Total
an
Feb
Mar
pr
May
TRESPASS
23
5
0
6
4
8
UNAUTHORIZED ENTRY INTO MOTOR VEHICLE
1
0
0
0
0
1
VANDALISM
19
2
1
0
9
7
ARRANT ARREST FOR OUR AGENCY
15
5
5
1
2
2
EAPON - CARRY CONCEALED
7
1
3
1
2
0
EAPON - EX FELON IN POSSESSION
2
0
0
0
0
2
EAPON - OTHER
1
0
0
0
0
1
EAPON - POSSESS ILLEGAL
7
0
1
1
2
3
Jan
Feb
Mar
Apr
May
2011 Total
834
156
95
185
192
206
2010 Total 654 142 127 127 120 138
2009 Total 842 136 199 169 170 168
1000
800
H 600
N
G1
Q 400
200
0
Arrests / Year
Page 2 of 2 3
2009 2010 2011
Year
6/21/2011 Woodburn Police Department
MONTHLY CRIMINAL OFFENSES
JANUARY THRU DECEMBER 2011
CHARGE DESCRIPTION
Total
Jan
Feb
Mar
Apr
May
AGGRAVATED ASSAULT
20
6
3
4
3
4
ANIMAL CRUELTY
1
0
0
0
0
1
ANIMAL ORDINANCES
8
2
2
0
1
3
ARSON
4
1
1
2
0
0
ASSAULT SIMPLE
47
7
8
12
8
12
ATTEMPTED MURDER
1
1
0
0
0
0
BURGLARY - BUSINESS
7
2
2
0
1
2
BURGLARY - OTHER STRUCTURE
4
0
1
0
1
2
BURGLARY - RESIDENCE
33
7
6
6
8
6
CHILD NEGLECT
2
1
1
0
0
0
CITY ORDINANCE
2
0
1
1
0
0
COMPUTER CRIME
1
0
0
0
1
0
CRIME DAMAGE -NO VANDALISM OR ARSON
39
9
11
4
6
9
CRIMINAL MISTREATMENT
4
0
0
2
0
2
CURFEW
2
0
0
2
0
0
CUSTODY -DETOX
3
1
0
1
1
0
CUSTODY - MENTAL
25
3
4
8
3
7
DISORDERLY CONDUCT
23
1
4
6
7
5
DRINKING IN PUBLIC
1
0
0
0
1
0
DRIVING UNDER INFLUENCE
45
5
3
12
12
13
DRUG LAW VIOLATIONS
47
4
9
8
13
13
DWS /REVOKED - FELONY
1
1
0
0
0
0
DWS /REVOKED - MISDEMEANOR
11
2
2
2
2
3
ELUDE
2
0
0
0
1
1
EMBEZZLEMENT
1
1
0
0
0
0
ESCAPE FROM YOUR CUSTODY
1
0
0
0
0
1
FAIL TO DISPLAY OPERATORS LICENSE
15
4
2
2
2
5
FAILURE TO REGISTER AS SEX OFFENDER
1
0
1
0
0
0
FORGERY /COUNTERFEITING
14
4
2
0
6
2
FRAUD - ACCOUNT CLOSED CHECK
1
0
0
0
1
0
FRAUD - BY DECEPTION /FALSE PRETENSES
5
0
2
0
1
2
FRAUD - CREDIT CARD /AUTOMATIC TELLER MACHINE
10
4
0
2
2
2
FRAUD - OF SERVICES /FALSE PRETENSES
2
1
0
0
1
0
FUGITIVE ARREST FOR ANOTHER AGENCY
99
14
16
15
27
27
FURNISHING
4
2
0
2
0
0
GARBAGE LITTERING
1
0
0
0
0
1
HIT AND RUN FELONY
1
0
0
0
0
1
HIT AND RUN - MISDEMEANOR
35
11
4
5
6
9
IDENTITY THEFT
21
2
1
7
7
4
INTIMIDATION /OTHER CRIMINAL THREAT
13
1
2
3
2
5
KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE
2
2
0
0
0
0
MINOR IN POSSESSION
19
4
3
3
4
5
MISCELLANEOUS
31
8
5
5
7
6
MOTOR VEHICLE THEFT
20
4
4
5
5
2
OTHER
35
6
8
6
5
10
PROPERTY - FOUND LOST MISLAID
9
1
2
1
1
4
PROPERTY RECOVER FOR OTHER AGENCY
1
0
1
0
0
0
RECKLESS DRIVING
3
0
0
1
1
1
RESTRAINING ORDER VIOLATION
2
1
0
0
0
1
ROBBERY - OTHER
7
1
4
1
1
0
ROBBERY - RESIDENCE
1
1
0
0
0
0
RUNAWAY
30
2
6
9
2
11
SEX CRIME - FORCIBLE SODOMY
2
1
1
0
0
0
SEX CRIME - MOLEST (PHYSICAL)
7
4
1
1
0
1
SEX CRIME - NON -FORCE RAPE
2
0
0
1
1
0
SEX CRIME - OBSCENE PHONE CALL
3
0
1
1
0
1
SEX CRIME - PORNOGRAPHY /OBSCENE MATERIAL
1
0
0
0
1
0
Page 1 of 2
6/21/2011 Woodburn Police Department
MONTHLY CRIMINAL OFFENSES
JANUARY THRU DECEMBER 2011
2010 Total 1,328 321 223 282 219 283
2009 Total 1,454 276 297 289 309 283
w
W
z
Z
W
0
Offenses / Year
l M
2009 2010 2011
YEAR
Page 2 of 2 5
Total
an
Feb
Mar
Apr
May
STOLEN PROPERTY - RECEIVING,BUYING,POSSESSING
1
0
0
0
0
1
HEFT - BICYCLE
4
0
1
1
1
1
HEFT - BUILDING
13
2
3
1
4
3
HEFT - COIN OP MACHINE
1
0
0
0
0
1
HEFT - FROM MOTOR VEHICLE
34
11
7
4
7
5
HEFT - MOTOR VEHICLE PARTS /ACCESSORIES
8
3
3
1
1
0
HEFT - OTHER
47
5
10
11
8
13
HEFT - PICKPOCKET
1
0
0
0
1
0
HEFT - PURSE SNATCH
1
0
0
1
0
0
HEFT - SHOPLIFT
47
5
7
10
11
14
TRAFFIC VIOLATIONS
60
1
5
12
21
21
TRESPASS
27
3
2
8
6
8
VANDALISM
130
33
14
28
29
26
VEHICLE RECOVERD FOR OTHER AGENCY
2
1
0
0
0
1
ARRANT ARREST FOR OUR AGENCY
14
5
5
1
1
2
WEAPON - CARRY CONCEALED
6
1
2
1
2
0
WEAPON - EX FELON IN POSSESSION
2
0
0
0
0
2
WEAPON - OTHER
1
0
0
0
0
1
WEAPON - POSSESS ILLEGAL
9
1
1
2
2
3
Total
Jan
Feb
Mar
Apr
May
2011 Total
1,140
203
184
221
246
286
2010 Total 1,328 321 223 282 219 283
2009 Total 1,454 276 297 289 309 283
w
W
z
Z
W
0
Offenses / Year
l M
2009 2010 2011
YEAR
Page 2 of 2 5
W OODBURN
June 27, 2011
TO: Honorable Mayor and City Council in Capacity as Local Contract
Review Board through City Administrator
FROM: Dan Brown, Public Works Director
SUBJECT: Exemption of Firearms Range Construction Contract from
Competitive Bidding Process
RECOMMENDATION
1. Conduct a public hearing regarding the exemption of the Firearms Range
construction contract from the competitive bidding process.
2. After completion of the public hearing, pass a resolution adopting findings
and exempting the Firearm Range construction contract from the
competitive bidding process and authorizing an alternative contract
method.
BACKGROUND
The City of Woodburn currently operates a Firearms Range at the Publicly
Operated Treatment of Wastewater Facility located at 2815 Molalla Road,
Woodburn, OR 97071. The Firearms Range is a critical component of Woodburn
Police Department police officer training program. The benefit of Woodburn
Police Department having a local Firearms Range is flexibility in scheduling
officer training and a reduced cost in conducting firearms training. Without a
locally available Firearms Range, Woodburn Police Department would have to
schedule Firearms Range use through other jurisdictions' facilities and incur
travel costs to those jurisdictions to conduct firearms training. This would result in
a significant increase in the Woodburn Police Department training budget and
overtime paid to officers for conducting mandated training.
The existing Firearms Range requires interruption of Wastewater Treatment Plant
operations during Firearms Range operations due to safety of personnel down
range. This interruption in work activity contributes to a general loss of
productivity of Public Works staff conducting Wastewater Treatment Plant
operations. The Wastewater Treatment Plant will be undergoing extensive
capital improvement over the next 20 years to meet wastewater treatment
Agenda Item Review: City Administrator _x_ City Attorney _x Finance - x
—
I
Honorable Mayor and City Council
June 27, 2011
Page 2
regulatory compliance requirements and City growth. Due to the presence of
private contractors working on these capital improvements and the additional
cost of having private contractors start and stop construction activity to
accommodate Firearms Range operations, a means to conduct Wastewater
Treatment Plant routine and construction activities while Firearms Range
operations conducted.
Improvements to the Firing Range in the form of baffles and target earthen
barrier area will allow both Wastewater Treatment Facility and Firearms Range
operations to occur at the same time. The City has remaining capital
improvement bond revenues available in the Police Construction bond to fund
the identified improvements. The City had issued a solicitation for bids to
construct the designed improvements. All bids received were in excess of the
Engineer's estimate and exceed funds available to construct the project. Bids
received were rejected on June 6, 2011.
Staff investigation into the contributing factors responsible for responsive bids
that were significantly greater than the Engineer's estimated determined that
the specified baffles in the contract documents were much more expensive
than the supplier had quoted during the design process. Those baffles also
provide a higher level of performance in stopping fired ordinance than was
needed for the City's Firearm Range.
DISCUSSION
The City believes that in order to construct the Firearms Range improvements
within the existing funding limitations, it must promote wider participation among
baffle suppliers. The Firearms Range must be designed to accommodate the
features of the baffle supplier used. Therefore, the traditional design, bid, and
build competitive bid process restricts the number of baffle suppliers qualified to
meet the design requirements. The City believes that a Request for Proposal
methodology will allow selection of a design and baffle supplier that can
provide the greatest value to City based upon performance and cost. Utilizing
this alternative contract delivery methodology requires an exemption approved
by the Local Contract Review Board.
Under the applicable City and State public contracting rules, it is necessary for
the City to publish public notice, conduct a public hearing, and then adopt a
resolution with findings exempting the contract from the usual competitive
bidding process. Such a resolution has been drafted and has been placed on
the City Council agenda for your consideration after the public hearing has
been completed.
7
Honorable Mayor and City Council
June 27, 2011
Page 3
FINANCIAL IMPACT
The remaining Police Construction Bond revenues available for this project are
$300,000. This budgeted figure may not be sufficient to complete the project.
However, utilization of the alternative competitive proposal process is not the
cause for the anticipated increase in the cost of this project.
I
COUNCIL BILL NO. 2869
RESOLUTION NO. 1998
A RESOLUTION ADOPTING FINDINGS AND EXEMPTING THE FIREARMS RANGE
CONSTRUCTION CONTRACT FROM THE REQUIREMENT OF COMPETITIVE BIDDING
WHEREAS, the City Council, acting in the capacity of the Local Contract
Review Board, held a public hearing on June 27, 2011 for the purpose of
receiving public comment from all interested persons regarding the adoption of
findings exempting a Public Improvement Contract from the requirement of
competitive bidding; and
WHEREAS, notice for the public hearing was published on June 13, 2011;
and
WHEREAS, the City intends to construct and improve the City's Firearms
Range; and
WHEREAS, the construction of the Firearms Range is a public improvement
contract subject to either a competitive bidding process or an alternative
contracting method, and
WHEREAS, OAR 137- 049 -0630 requires the City to hold a public hearing
and adopt findings prior to exempting a public improvement contract from the
requirement of competitive bidding and allowing an alternative contracting
method; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The City of Woodburn adopts the Findings.
Section 2. A copy of said Findings is attached hereto as Exhibit "A" and is
incorporated herein.
Section 3. Pursuant to said Findings, the Firearms Range construction
contract is hereby exempted from the competitive bidding process.
Approved as to form:
City Attorney Date
Page 1 - Council Bill No. 2869
Resolution No. 1998
I
Approved:
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Christina Shearer, Recorder
City of Woodburn, Oregon
Page 2 - Council Bill No. 2869
Resolution No. 1998
Kathryn Figley, Mayor
10
EXHIBIT A
FINDINGS SUPPORTING AN EXEMPTION FROM COMPETITIVE BIDDING
REQUIREMENTS AND USE OF THE DESIGN -BUILD METHOD OF PROCUREMENT
FOR CONSTRUCTION OF THE FIREARMS RANGE
Before the Local Contract Review Board, City of Woodburn Oregon
In the Matter of the Exemption ) FINDINGS OF FACT
Request of the Public Works )
Department, City of Woodburn )
Oregon — Construction of Firearms
Range )
ORS 279C.335(1) requires, with certain exceptions, that all Public Improvement
contracts be based on competitive bids and, under ORS 279C.375, awarded to the
lowest responsive and responsible bidder. ORS 279C.335(2) permits the Local
Contract Review Board, as the municipality's contract review authority, to grant, under
certain conditions, specific exemptions from the requirement for competitive bidding
upon the approval of specified findings.
OAR 137 - 049 -0620, allows Local Contract Review Board to exempt a Public
Improvement contract from the requirements to be competitively bid, provided written
findings supporting the use of a non - competitive bid process show compliance with
OAR 137 - 049 -0600 to 137 - 049 -0690 and applicable statutes.
The hearing for review of these findings was held at 7:00 PM on June 27, 2011, in the
City Hall Council Chambers at 270 Montgomery Street, Woodburn, Oregon, 97071, as
published in the public notice in the Daily Journal of Commerce on June 13, 2011.
I
BACKGROUND
The City of Woodburn currently operates a Firearms Range at the Publicly Operated
Treatment of Wastewater Facility located at 2815 Molalla Road, Woodburn, OR 97071.
The Firearms Range is a critical component of Woodburn Police Department police
officer training. The benefit of Woodburn Police Department having a local Firearms
Range is flexibility in scheduling officer training and the cost of conducting training.
Without a locally available Firearms Range, Woodburn Police Department would have
to schedule Firearms Range use through other jurisdictions and travel to those
jurisdictions to conduct training. This would result in a significant increase in the
Woodburn Police Department training budget and overtime paid to conduct training.
The existing Firearms Range requires interruption of Wastewater Treatment Plant
operations during Firearms Range operations due to safety of personnel down range.
This interruption in work activity contributes to a general loss of productivity of Public
11
Works staff conducting Wastewater Treatment Plant operations. The Wastewater
Treatment Plant will be undergoing extensive capital improvement over the next 20
years to meet wastewater treatment regulatory compliance requirements and City
growth. Due to the presence of private contractors working on these capital
improvements and the additional cost of having private contractors start and stop
construction activity to accommodate Firearms Range operations, a means to conduct
Wastewater Treatment Plant routine and construction activities while Firearms Range
operations conducted.
Improvements to the Firing Range in the form of baffles and target berm area will allow
both Wastewater Treatment Facility and Firearms Range operations to occur at the
same time. The City has remaining capital improvement bond revenues available in the
Police Construction bond to fund the identified improvements. The City had issued a
solicitation for bids to construct the designed improvements. All bids received were in
excess of the Engineer's estimate and exceed funds available to construct the project.
Bids received were rejected on June 6, 2011.
Staff investigation into the contributing factors responsible for responsive bids that were
significantly greater than the Engineer's estimated determined that the specified baffles
in the contract documents were much more expensive than the supplier had quoted
during the design process. Those baffles also provide a higher level of performance in
stopping fired ordinance than was needed for the City's Firearm Range.
The City believes that in order to construct the Firearms Range improvements within the
existing funding limitations, it must promote wider participation among baffle suppliers.
The Firearms Range must be designed to accommodate the features of the baffle
supplier used. Therefore, the traditional design, bid, and build competitive bid process
restricts the number of baffle suppliers qualified to meet the design requirements. The
City believes that a Request for Proposal methodology will allow selection of a design
and baffle supplier that can provide the greatest value to City based upon performance
and cost. Utilizing this alternative contract delivery methodology requires an exemption
approved by the Local Contract Review Board.
The exempted procurement process for this project includes the following:
1) A Request for Proposals (RFP) process pursuant to OAR 137- 049 -0640 to
procure a Design -Build contract with a contractor.
11
FINDINGS REGARDING REQUIRED CRITERIA
ORS 279C.330 provides that: '"[F]indings' means the justification for a contracting
agency conclusion that includes, but is not limited to, information regarding: (a)
Operational, budget and financial data; (b) Public benefits; (c) Value Engineering; (d)
Specialized expertise required; (e) Public safety (f) Market conditions; (g) Technical
complexity; and (h) Funding sources." The Contract Review Board finds that many of
these criteria support the decision to use the design -build contracting method for
acquiring and installing a Firearms Range system at the Wastewater Treatment Facility.
This finding is supported by the following:
2
12
1) Operational, Budget and Financial Data: Limited funding is available for the
construction of the Firearms Range. The optimum system that provides the
greatest value to the City will include installation details that are proprietary
to the manufacturer of the baffle system selected.
2) Public Benefits Utilization of the design /build contract delivery process will
allow the City to compare operational benefits of baffle system to another
considering both the operational characteristics the baffle system,
installation costs, and long term maintenance requirements.
3) Value Engineering Value Engineering will be part of the selection process
used to determine which proposing firm would provide the best combined
value for the City.
4) Specialized Expertise Required Specialized expertise will be required to
coordinate, procure, and install various products, services, and supplies
needed to provide a fully functional Firearms Range. Contractor will have to
coordinate with the Wastewater Treatment Plant systems and operations
during construction of the Firearms Range.
5) Public Safety Public safety will be maintained by design and construction
activities ensuring plant operations are not interrupted by the construction of
the Firearms Range.
6) Market Conditions The specialty products, services, and supplies needed
under this contract are not particularly impacted by market conditions.
7) Technical Complexity Construction of this project involves a number of
issues regarding the application of a specific baffle design with the
performance requirements of Woodburn Police training. Special skill and
expertise are needed for optimizing baffle system selected with the
installation constraints of the existing site configuration.
III
FINDINGS REGARDING COMPETITION
ORS 279C.335(2) requires that an agency make certain findings as a part of exempting
public improvement contracts or classes of public improvement contracts from
competitive bidding. ORS 279C.335(2)(a) requires an agency to find that: "It is unlikely
that the exemption will encourage favoritism in the awarding of public improvement
contracts or substantially diminish competition for public improvement contracts. " The
Contract Review Board finds that selecting the contractor through an exempted
competitive proposal selection process in accordance with OAR 125 - 249 -0620 and 125-
249 -0630 will not inhibit competition or encourage favoritism. This finding is supported
by the following facts:
1) The proposed design /build alternative contract delivery methodology is a
competitive proposal process that allows the City to select a firm to
construct a Firearms Range system that provides the best value.
Competitively bidding this type of work creates additional confusion and
uncertainty in the public contracting process. Simple price competition is not
feasible due to the design configuration being dictated by the baffle system
selected.
K
13
2) The Design -Build Contractor will be selected through an open and
competitive process as prescribed by ORS 279C.400 to 410 and related
administrative rules.
IV
FINDINGS REGARDING SIGNIFICANT COST SAVINGS
ORS 279C.335(2) requires that a contracting agency make certain findings in
requesting approval of the exemption of a certain public improvement contract or class
of public improvement contracts from competitive bidding. ORS 279C.335(2)(b)
requires an agency to find that "The awarding of public improvement contracts under
the exemption will result in substantial cost savings to the public contracting agency."
This finding is supported by the following facts:
1) Because this work will integrate specialized equipment into construction of a
Firearms Range, a requirement to competitively bid this type of acquisition
would create additional expense and lead to uncertainty regarding
installation interferences. Each procurement process and contract change
will increase the cost of the project and extend the project schedule.
Extending the project schedule will increase construction administration and
project management cost.
2) An exemption from competitive bidding will allow the City to take advantage
of baffle supplier expertise and value engineering during the proposal phase
of the project versus having to address future change orders.
V
SUMMARY
Use of the Design -Build method of contracting for the construction of a Firearms Range
at the Wastewater Treatment Facility is an appropriate use of that alternative
contracting method under OAR 137 - 049 -060. Additionally, an exemption from
competitive bidding requirements is justified under the criteria outlined in ORS
279C.330, findings have been developed in compliance with ORS 279C.335(2), and the
Public Works Department will perform the post project evaluation required by ORS
279C.355. Based upon the previously listed findings, the Woodburn Contract Review
Board concludes that:
1) It is unlikely the exemption will encourage favoritism in the awarding of
public contracts or substantially diminish competition for public contracts;
and
2) The exemption will result in substantial cost savings.
2
14
W OODBURN
June 27, 2011
TO: Honorable Mayor and City Council through City Administrator
FROM: Dan Brown, Public Works Director
SUBJECT: Approval of Permanent Closure of the Mill Street Railroad Grade
Crossing
RECOMMENDATION
That Council, in its capacity as the City of Woodburn Road Authority, approves
by resolution the permanent closure of the Mill Street railroad grade crossing.
BACKGROUND
On September 7, 2010, Union Pacific Railroad submitted a Railroad- Highway
Public Crossing Safety Application for the closure of crossing 735.45 (Mill Street) in
the City of Woodburn under ORS 824.206 to the Oregon Department of
Transportation Rail Division (ODOT Rail). Closing of the Mill Street crossing was
first identified as a desire of the operating railroad, then Southern Pacific, in 1971.
The proximity of the Mill Street crossing to the Hardcastle Avenue crossing does
not meet current design standards. Prior to the recently completed North Front
Street improvements, there were significant safety deficiencies associated with
the Mill Street crossing due to elevation differences between the road surface of
Front Street and the railroad grade. Union Pacific had requested that the City
abandoned the Mill Street crossing during design of the North Front Street
improvements. Strong resistance to the closure was received from Woodburn
Fertilizer because of the access it provided to their plant. The City rejected
Union Pacific's request to close the Mill Street crossing because it would restrict
access to Woodburn Fertilizer and committed to addressing the Mill Street
crossing closure when the Hardcastle Avenue crossing was improved. Union
Pacific agreed and the crossing order for the North Front Street improvements at
Mill Street was issued by ODOT Rail.
Upon completion of the North Front Street improvements and the Mill Street
crossing, truck traffic using the Mill Street crossing significantly increased. The
crossing signals at Mill Street were struck multiple times by trucks entering
Woodburn Fertilizer. Union Pacific complained that the City's street
improvements had resulted in damage to their signals and was creating a
Agenda Item Review: City Administrator _x City Attorney _x Finance _x-
15
Honorable Mayor and City Council
June 27, 2011
Page 2
public safety problem. This brought the Mill Street crossing under closer scrutiny
by Union Pacific safety personnel and they determined that the Mill Street
crossing should be closed. Union Pacific safety personnel also identified safety
concerns associated with truck loading and unloading operations on the west
side of the Woodburn Fertilizer plant.
Upon notification of the Railroad- Highway Public Crossing Safety Application by
Union Pacific from ODOT Rail, the City expressed objection to the application
and intent to contest the application. The City's concern was that closure of
Mill Street crossing would adversely impact operations of the Woodburn Fertilizer
plant and possibly result in the plant closing as expressed by the Plant Manager.
The City has acknowledged that the Mill Street crossing does not meet spacing
standards and does not function as a necessary link in the City's transportation
system. However, the Mill Street crossing functioned as means of access for
truck operations at the Woodburn Fertilizer plant.
The City appealed to ODOT Rail to allow it to conduct a series of meetings
between Woodburn Fertilizer (Wilbur -Ellis is the parent company) and Union
Pacific Railroad to see if the concerns of both parties could be mitigated.
Several meetings were held and the concerns of both Union Pacific Railroad
and Woodburn Fertilizer were brought forward. The positions of each party were
firmly established. Union Pacific Railroad felt strongly that the Mill Street crossing
was a public safety hazard and liability to their company. Woodburn Fertilizer
felt they could not sustain operations with the Mill Street crossing closed. The
City conducted a traffic movement analysis of the Woodburn Fertilizer plant to
demonstrate what operational changes would be needed to sustain operations
at Woodburn Fertilizer with the closing of the Mill Street crossing. During this
period, Union Pacific discovered that Woodburn Fertilizer did not have a lease
agreement to utilize Union Pacific property for the truck loading and unloading
operations being conducted on the west side of the plant adjacent to the
railroad tracks. This property utilization presented a more severe impact to
continued operations of the Woodburn Fertilizer plant than the closing of the Mill
Street crossing.
DISCUSSION
Most recently, on June 16, 2011, the City met with the Union Pacific Railroad and
Wilbur -Ellis regarding the closure of the crossing. At this meeting, Wilbur -Ellis and
Union Pacific agreed to enter into a lease agreement for the use of railroad
property on the west side of the Woodburn Fertilizer plant. This lease agreement
is contingent upon the City's agreement with the Railroad- Highway Public
Crossing Safety Application and compliance with the ODOT Rail grade crossing
16
Honorable Mayor and City Council
June 27, 2011
Page 3
order to be issued closing the Mill Street crossing.
Staff recommends that Council approve the closing of the Mill Street crossing by
resolution based upon the following rationale:
• That the City agrees with Union Pacific Railroad and ODOT Rail that the
Mill Street crossing does not conform with grade crossing spacing
standards and presents a potential public safety risk.
• That the Mill Street crossing does not provide a necessary link or
connectivity needed by the City's surface transportation system.
• That by Wilbur -Ellis entering into a lease agreement with Union Pacific
Railroad, they have withdrawn their objection to the closure of the Mill
Street crossing and that Wilbur -Ellis does not need the Mill Street crossing
for access in order to maintain current operations.
• That the City's objection to the closure of the Mill Street crossing is no
longer necessary to assist a local business and preserve jobs within the
community.
FINANCIAL IMPACT
The City has expended $17,000 to date of which Wilbur -Ellis has agreed to
reimburse the City $6,211. Street improvements to remove access to the Mill
Street crossing are currently estimated at $18,000 and will be paid taken from
the Transportation System Development Fund 376.
17
COUNCIL BILL NO. 2870
RESOLUTION NO. 1999
A RESOLUTION AGREEING TO THE PERMANENT CLOSURE OF THE MILL STREET
RAILROAD CROSSING PURSUANT TO AN ORDER TO BE ISSUED BY THE OREGON
DEPARTMENT OF TRANSPORTATION, RAIL DIVISION
WHEREAS, the City Council functions as the City of Woodburn Road
Authority, and
WHEREAS, the City Council acknowledges that the Oregon Department of
Transportation has jurisdictional authority to administer all grade crossings within
the State of Oregon between railroad and highway systems and may issue
crossing orders, including closures, to insure safe passage for the public, and
WHEREAS, the City Council acknowledges that Union Pacific Railroad
submitted a Railroad- Highway Public Crossing Safety Application to the Oregon
Department of Transportation Rail Division in September 2010 to close the Mill
Street railroad crossing, and
WHEREAS, all parties affected by the proposed closure of the Mill Street
railroad crossing have met and agree that the crossing must be closed, and
WHEREAS, based upon the agreement of the parties, the City Council is
willing to withdraw its initial opposition to the Railroad- Highway Public Crossing
Safety Application, NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The City agrees to the permanent closure of the Mill Street
railroad crossing pursuant to a railroad crossing closure order to be issued by the
Oregon Department of Transportation, Rail Division.
Section 2. The City will expend City funds to remove Mill Street access to
the Union Pacific Railroad right -of -way so that roadway traffic will not be able to
cross Union Pacific Railroad right -of -way.
Section 3. The City will comply the closure order and conditions imposed
by the Oregon Department of Transportation, Rail Division for the closure of the
Mill Street railroad crossing.
Page 1 - Council Bill No. 2870
Resolution No. 1999
18
Approved as to form:
City Attorney Date
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Christina Shearer, City Recorder
City of Woodburn, Oregon
Page 2 - Council Bill No. 2870
Resolution No. 1999
19
W OODBURN
June 27, 2011
To: Honorable Mayor and City Council
From: Jim Hendryx, Economic and Development Services Director
Subject: Woodburn Business Assistance Loan Program
RECOMMENDATION:
Approve the attached resolution, renewing the agreement with the Mid -
Willamette Valley Council of Governments ( "the COG "), to administer the
Business Assistance Loan Program.
BACKGROUND
In May 2009, the City Council established the Woodburn Business Assistance
Loan Program with approximately $221,000 to loan to businesses. Woodburn
entered into an agreement with the COG to administer the loan program. The
costs associated with administering the program have increased, resulting in the
need to revise the agreement. Additionally, the terms of the agreement need
to be extended to 2013.
Thirdly, with the development of the program, the City Council adopted
Woodburn loan guidelines. The term "guidelines" infers discretionary standards.
The title, Business Loan Program Guidelines is being renamed the Business Loan
Program Standards, to reflect its non - discretionary status.
DISCUSSION
The City established the Woodburn Business Assistance Loan Program for existing
and new businesses located within the City. Since the inception of the program,
several inquiries have been received and interest remains high. One loan has
been completed, leaving approximately $170,000 of funds remaining for future
use.
The agreement needs to be revised to reflect the actual costs of the COG
administering the program. Secondly, the terms of the agreement are being
Agenda Item Review: City Administrator _X City Attorney _X Finance _X_
20
Honorable Mayor and City Council
June 27, 2011
Page 2
extended to 2013. Thirdly, to facilitate program administration, Business Loan
Program Guidelines will be renamed Business Loan Program Standards.
FINANCIAL IMPACT
The Mid - Willamette Valley Council of Governments administers the Business
Assistance Loan Program. Their management of the program is paid for out of
program funds.
21
COUNCIL BILL NO. 2871
RESOLUTION NO. 2000
A RESOLUTION RENEWING AN AGREEMENT WITH THE MID - WILLAMETTE COUNCIL
OF GOVERNMENTS TO ADMINISTER THE BUSINESS ASSISTANCE LOAN PROGRAM
WHEREAS, in 2009, the City Council established a Council Goal to promote
economic development and created a Business Assistance Loan Program ( "the
Program "), and
WHEREAS, the City contracted with the Mid - Willamette Council of Governments
( "the COG ") to administer this program, and
WHEREAS, in the last two years, the COG's administrative costs have increased;
and
WHEREAS, the Business Loan Program Guidelines should be renamed Business
Loan Program Standards, to make it easier to administer the Program, NOW,
THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The Agreement for Business Loan Assistance Services with the COG
(affixed to this Resolution as Attachment "A ") is renewed effective July 1, 2011
and shall expire on June 30, 2013.
Section 2. The City Administrator is authorized to execute said agreement on
behalf of the City.
Section 3. The Business Loan Program Guidelines shall be renamed Business
Loan Program Standards, to make it easier to administer the Program.
Approved as to form:
City Attorney Date
Approved:
Kathryn Figley, Mayor
Page 1 — Council Bill No. 2871
Resolution No. 2000
22
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Christina Shearer, City Recorder
City of Woodburn, Oregon
Page 2 - Council Bill No. 2871
Resolution No. 2000
23
ATTACHMENT A
AGREEMENT FOR BUSINESS LOAN ASSISTANCE SERVICES
THIS AGREEMENT, made and entered into, by and between the mid -
Willamette Valley Council of Governments, a voluntary intergovernmental
association created by Charter and Agreement pursuant to ORS Chapter 190
(hereinafter "the COG ") and the City of Woodburn, an Oregon municipality
(hereinafter "the City ")
WITNESSETH:
WHEREAS, the City has established a Business Loan Assistance Program
and has a need for the COG's services to administer said program, and
WHEREAS, the COG is able to provide such services to the City, and
NOW, THEREFORE, in consideration of the terms, conditions, compensation
and performances contained herein, the parties hereto do mutually agree as
follows:
1. Effective Date and Duration
This Agreement shall become effective on July 1, 2011. Unless terminated
or extended, this Agreement shall expire when the City accepts the
COG's completed performance or on June 30, 2013, whichever date
occurs first.
2. Termination
This Agreement may be terminated at any time by mutual, written
consent of the parties or for convenience by either party upon written
notice to the other party of 30 calendar days.
3. Scope of Work
The COG shall provide the following services for the City's Business
Loan Assistance Program:
A. Loan Packaging. This category of work includes meeting with
potential borrowers, reviewing their loan application materials and
credit history, determining eligibility and preparing a staff memo to
City for final credit decision. Eligibility will be evaluated using
customary commercial lending standards and practices.
Page 1 of 5 — 2011— 2013 Agreement for Business Loan Assistance Program
Council of Governments — City of Woodburn
24
B. Loan Closing. If the loan is approved by the City, the COG will
prepare loan documents for final execution.
C. Miscellaneous technical assistance that may include program
policy development, loan collection or servicing assistance and
training of City staff as requested.
4. Standard of Care
In the performance of its services, the COG shall use that degree of care
and skill ordinarily exercised under similar circumstances by entities
performing similar services in the State of Oregon. The COG will complete
loan work in its entirety and make recommendations according to the
Business Loan Program Standards.
5. Payment
A. The COG will be compensated on a transaction fee basis at the
rate of 1.5% of the loan amount for any complete loan package
prepared by the COG staff and submitted to the City for final
disposition. Borrowers will be assessed an advance fee of $150.00
after an initial consultation with a loan officer, but before a
complete loan application is evaluated. The advance fee is non-
refundable, but it will be credited towards the loan closing fee if the
loan is approved. The advance fee and closing fee are intended
to compensate the COG for loan application review costs. The
closing fee shall be due at the time the loan is closed. The minimum
fee for such loans shall be $600.00. Any third -party fees that may be
required as a part of a transaction, such as recording fees, property
appraisal, or title insurance are not part of the compensation to the
COG and shall be paid out of unrestricted Housing Rehabilitation
funds.
B. For any miscellaneous technical assistance that is not a part of loan
packaging or loan closing, the COG shall be compensated at the
rate of $77.00 per hour.
C. The COG shall provide monthly billing statements to the City that
clearly identify activities and hours charged.
D. The COG shall be entitled to assess an annual servicing fee of one
(1) percent of the total outstanding balance of the loan fund as of
May 31 st each year, up to a maximum of $1,200.00 per year.
Page 2 of 5 — 2011— 2013 Agreement for Business Loan Assistance Program
Council of Governments — City of Woodburn
25
6. Independent Contractor
The COG states and affirms that it is acting as an independent contractor,
holding itself out to the general public as an independent contractor. The
parties intend that an independent contractor relationship will be created
by this Agreement. The City is interested only in the results to be achieved;
all conduct and control of the work will lie predominantly with COG. The
COG is not to be considered an agent or employee of the City for any
purpose, and the employees of the COG are not employees of the City,
nor entitled to any of the benefits that the City provides its employees.
7. Indemnification
The City agrees to indemnify and save harmless the COG, its officers,
employees and agents from any and all claims, demands, suits and legal
actions, including appeals arising out of or in connection with the City's
performance of work or work product under this Agreement; provided,
however, that the City shall have no obligation with respect to any such
claims, demand, suit or legal action which arises out of or in connection
with decisions or directions made by the COG concerning structure,
standards or operational requirements of the program, or in connection
with work product which has been modified without the City's express
authorization, or which has been used contrary to the City's express
instructions, or for other than its intended purpose, if such modification or
misuse is a substantial factor in causing the asserted loss or injury.
8. Nondiscrimination
The COG shall comply with all applicable federal, state, and local laws,
rules and regulations on nondiscrimination in employment because of
race, color, ancestry, national origin, religion, sex, marital status, age,
medical condition, or disability.
9. Governing Law
This Agreement shall be governed by and construed in accordance with
the law of the State of Oregon.
10. Severability
If any provision of this Agreement shall be held invalid or unenforceable
by any court of competent jurisdiction, such holding shall not invalidate or
render unenforceable any other provision hereof.
Page 3 of 5 — 2011— 2013 Agreement for Business Loan Assistance Program
Council of Governments — City of Woodburn
26
I 1. Assignment
Neither party shall assign the Agreement without written consent of the
other.
12. Entire Agreement
This Agreement constitutes the entire Agreement between the parties and
supersedes all prior agreements, written and oral, between the parties.
The City of Woodburn Business Loan Program Standards are incorporated
into the Agreement by reference. No modification of this Agreement shall
be binding unless in writing and signed by both parties.
13. Notification
All correspondence and notices related to this Agreement shall be
directed as follows:
If Directed to the City:
City of Woodburn
270 Montgomery Street
Woodburn, Oregon 97071
Attn: Jim Hendryx, Economic and Development Services Director
If Directed to the COG:
Mid - Willamette Valley Council of Governments
105 High Street SE
Salem, Oregon 97301 -3667
Attn: John Safstrom, Program Manager
IN WITNESS WHEREOF, the COG and the City have, by approval of their
respective governing bodies, caused this Agreement to be executed.
MID - WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS
Nancy J. Boyer, Executive Director Date
Page 4 of 5 — 2011— 2013 Agreement for Business Loan Assistance Program
Council of Governments — City of Woodburn
27
CITY OF WOODBURN
Scott C. Derickson, City Administrator Date
Page 5 of 5 — 2011— 2013 Agreement for Business Loan Assistance Program
Council of Governments — City of Woodburn
28
W OODBURN
June 27, 2011
TO: Mayor and City Council through City Administrator
FROM: Ignacio Palacios, Finance Director
SUBJECT: 2010 -2011 Supplemental Budget
RECOMMENDATION
Approve the attached resolution approving a supplemental budget for fiscal
year 2010-2011.
BACKGROUND
From time to time during the fiscal year, staff identifies necessary changes to the
adopted budget as new information becomes available. ORS 294.480 allows
the governing body to adopt a supplemental budget under certain conditions
or when an unanticipated `event' occurs. When those changes in the original
budget via the supplemental budget exceed 10% of the original appropriation
in any one fund a public hearing must be held to discuss the changes and to
receive public input. Those changes to the original budget are outlined below
and summarized in the attached resolution and Exhibit "A ".
DISCUSSION
Staff has identified two areas that require a supplemental budget due to
unforeseen circumstances when the initial 2010-2011 Budget was adopted. The
supplemental budget is required to ensure that appropriations are not over
expended.
Fund 139 - Cable Franchise - a $200 adjustment from Contingency is being
requested. A portion of the cable franchise fee is passed through to Woodburn
Cable Access Television (WCAT) on a quarterly basis. These amounts are
projected as part of the budget process each year - estimates are based on
historic trends. Actual cable franchise fees were nominally higher than
projected causing an increase to the turnover to WCAT.
Fund 582 - Technical & Environmental Services (T &E Fund) - The Public Works
Fleet department resides with the T &E Fund. Due to unforeseen public works
Agenda Item Review: City Administrator _x City Attorney _x Finance —x-
29
Honorable Mayor and City Council
June 27, 2011
Page 2
fleet needs, (overtime appropriations) have been depleted (this should be a
single time anomaly). Staff is requesting an appropriation of $6,000 from
Contingency.
FINANCIAL IMPACT
The requested supplemental budget reduces the contingency in Fund 139 -
Cable Franchise by $200 to $3,050 and reduces contingency in Fund 582 -
Technical & Environmental Services by $6,000 to $141,352.
fil
City of Woodburn
2010 -2011 Supplemental Budget
Exhibit A
Fund Original Supplemental Revised
Cable Franchise
Materials & Services
21,000 200
21,200
Contingency
3,250 (200)
3,050
Technical and Envorinmental Services
Personal
- 6,000
6,000
Contingency
147,352 (6,000)
141,352
31
COUNCIL BILL NO. 2872
RESOLUTION NO. 2001
A RESOLUTION APPROVING TRANSFERS OF FY 2010 -2011 APPROPRIATIONS AND
APPROVING A SUPPLEMENTAL BUDGET.
WHEREAS, ORS 294.450(1) permits "transfers of appropriations" within any
fund "when authorized by official resolution or ordinance of the governing
body ", and
WHEREAS, ORS 294.450(2) limits "[t]ranfers of general operating
contingency appropriations to no more than ten (10) percent of the total
appropriations of the fund" unless adopted pursuant to a supplemental budget;
and
WHEREAS, transfers made pursuant to any of the above must state the
need for the transfer, the purpose for the authorized expenditure, and the
amount of the appropriation transferred, and
WHEREAS, ORS 294.480(1) (a) permits supplemental budgets when "an
occurrence of condition which had not been ascertained at the time of the
preparation of a budget for the current year or current budget period which
requires a change in financial planning ", and
WHEREAS, ORS 294.480(4) requires the governing body to hold a public
hearing on the supplemental budget "when the estimated expenditures
contained in the supplemental budget for fiscal year or budget period differ by
then (10) percent or more of any one of the individual funds contained in the
regular budget for that fiscal year ", and
WHEREAS, no public hearing was required for this supplemental budget
because the estimated expenditures contained in it are less than the threshold
amount specified by ORS 294.480 (4), NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That pursuant to the applicable ORS provisions cited above,
the City Council hereby approves the transfers of appropriations and
supplemental budget for FY 2010-2011 in the amounts listed in Exhibit "A."
Page 1 - COUNCIL BILL NO. 2872
RESOLUTION NO. 2001
32
Approved as to Form:
City Attorney
APPROVED:
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Christina Shearer, City Recorder
City of Woodburn, Oregon
Page 2- COUNCIL BILL NO. 2872
RESOLUTION NO. 2001
Date
Kathryn Figley, Mayor
33
W OODBURN
June 27, 2011
TO: Honorable Mayor and City Council
FROM: Scott Derickson, City Administrator
SUBJECT: City Council FY 2011/13 Goals
RECOMMENDATION
By motion, adopt City Council Goals, as presented in this Staff Report or as
deemed appropriate by the City, for 2011/13.
BACKGROUND
During the City Council's June 6, 2011 Special Meeting, the City Council
developed a set of goals for 2011/13. It was also determined the goal list, while
certainly not all inclusive of all of the City Council's desires for the community -
would focus on a reasonable number of goals the City Council felt were
important and could be accomplished within the next twenty four months.
Goal areas included:
• Fiscal Conservatism The City will strive to return the highest level (or
sustain the current levels of service) with the least amount of taxpayer
investment - and plan accordingly.
• Economic Development The City will continue to promote activities
designed to attract investment, including but not limited to business
attraction, retention and sustainability. As part of this effort, the Council
will: 1) develop and implement (the Front Street Improvement Project
being the major first) a second Urban Renewal District project, and 2) the
Council will review options for the City owned Salud Building and, if
possible, the privately held "Old City Hall Building."
• Increase Downtown Parkinq Opportunities The City Council will review
options for developing additional Downtown Parking and take
appropriate action.
Agenda Item Review: City Administrator _x_ City Attorney _x Finance -x-
2
Honorable Mayor and City Council
June 27, 2011
Page 2
• Community Communication /Outreach The City of Woodburn will
continue its current community outreach and communication efforts, but
will strive to make better use of technology - such as social media and
other web -based communication opportunities.
• 1 -5 Interchange Project The City will continue to consider the 1 -5
Interchange Project as one of the communities' highest priorities.
• 99 E. Corridor Study Completing the 99 E Corridor Study and pursuing
opportunities to improve 99 E. is a high priority for the City of Woodburn.
DISCUSSION
Now that the City Council has reached consensus on the 2011/13 goals,
officially adopting those goals is the next step in the implementation process.
Proposed 2011/13 City Council goals are being presented for council
deliberation and approval.
FINANCIAL IMPACT
The fiscal impact, if any, associated with the implementation of these goals is
unknown at this time. Staff will work diligently to utilize existing resources,
partnerships and grant programs whenever possible for achieving City Council
goals in the upcoming year.
35
W OODBURN
June 27, 2011
TO: Honorable Mayor and City Council through City Administrator
FROM: Jim Hendryx, Director of Economic & Development Services
SUBJECT: Legislative Amendment 2011 -01, Amendments to Sections 1, 4, and
5 of the Woodburn Development Ordinance
RECOMMENDATION
No action is recommended. Conduct a workshop on the proposed
amendments to the Woodburn Development Ordinance.
BACKGROUND
The Mayor and City Council appointed a focus group of citizens to review the
Woodburn Development Ordinance, and recommended improvements for
consideration by the Planning Commission and City Council. The focus group is
continuing to review the Development Ordinance, but feels that the
amendments to Sections 1, 4, and 5 are ready to be processed. The City
Council initiated the Legislative Amendment process through Resolution 1990.
The Planning Commission held a series of workshops on the proposal, conducted
a public hearing, and forwarded the following amended Sections to the City
Council with a recommendation of approval.
DISCUSSION:
The proposed revisions contain both "housekeeping" amendments that reorder
provisions, provide clarity or correct clerical errors, and "substantive"
amendments that change the standards or regulations.
• Housekeeping and minor changes:
- Purpose statements to explain and provide a context for each
Section
- Index of subsections
- Reordered subsections alphabetically
- Minor changes to text to improve readability
Agenda Item Review: City Administrator _x_ City Attorney _x_ Finance —x—
Q-
Honorable Mayor and City Council
June 27, 2011
Page 2
- Eliminates application submittal requirements
• Substantial changes:
- Required applicant to post on -site notice instead of the City
- Increased permit validity to 3 years with a possible 2 year extension
- Increased the termination deadline for nonconforming uses from 6
months to 1 year
- Changed the North American Industry Classification System (NAICS)
from a controlling document to an advisory resource
- Established an administrative (Type 1) Design Review process for
small commercial and industrial projects
- Increased size threshold for Type 11 and III Design Review for
commercial and industrial projects
Marking up the numerous housekeeping amendments as well as the substantive
amendments results in a document that is difficult to read. The attachments are
"clean" versions that are easier to read, but do not indicate which provisions
have been changed. This follows the practice and recommendation of the
focus group.
FINANCIAL IMPACT
This decision is anticipated to impact the fees necessary to administer land use
decisions.
ATTACHMENTS
A.
WDO 1.101
B.
WDO 1.102
C.
WDO 1.103
D.
WDO 1.104
E.
WDO 1.105
F.
WDO 1.106
G.
WDO 4.101
H.
WDO 4.102
I.
WDO 5.101
J.
WDO 5.102
K.
WDO 5.103
L.
WDO 5.104
Structure
Definitions
Zoning Map
Nonconforming Uses and Development Standards
Planning Commission
Design Review Board
Decision - making Procedures
Review, Interpretation and Enforcement
Type I Application Requirements
Type II Application Requirements
Type III Application Requirements
Type IV Application Requirements
37
1.101 Structure
1.101 Title and Purpose
A. This ordinance may be referred to as the "Woodburn Development Ordinance" or by the
abbreviation "WDO ".
B. The Woodburn Development Ordinance is intended to:
1. Implement the Woodburn Comprehensive Plan in accordance with Oregon's statewide
planning goals and statutes;
2. Facilitate adequate provisions for transportation, water, sewage, drainage, schools,
parks and other facilities;
3. Provide adequate light, air, open space, and convenience of access;
4. Enhance safety from fire, flood and other dangers;
5. Protect environmental resources and natural systems;
6. Promote the health, safety, peace, prosperity, and general welfare of the City's residents
and visitors;
7. Promote a logical growth pattern within the City and the economic extension of public
services and facilities;
8. Encourage compatible and beneficial uses of land throughout the City by segregating
uses to minimize incompatibilities;
9. Provide for a variety of housing types and promote affordable housing;
10. Preserve the character of the City by enhancing the aesthetic quality of the built
environment and acknowledging the City's historic architecture;
11. Provide avenues for residents of the City to participate in the establishment and
amendment of land use regulations and plans;
12. Provide residents of the City the opportunity to participate in development decisions;
13. Provide a process whereby property may be reclassified for other suitable uses
consistent with the comprehensive plan and changing conditions and community values;
14. Protect the rights of property owners; and
15. Provide effective means of administrative relief for situations where the regulations
work an excessive burden on a particular property.
1.101.01
Annual Review of the WDO
1.101.02
Application and Construction of Regulations
1.101.03
Official Actions Shall Comply with the WDO
1.101.04
Prior Approvals and Conditions of Approvals
1.101.05
Relationship to Other Laws and Private Agreements
1.101.06
Severability
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1.101.01 Annual Review of the WDO
The Director should 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 should report these matters to the City Council at its first
regular meeting in the month of November so that the Council may consider initiating
appropriate measures to modify the WDO.
1.101.02 Application and Construction of Regulations
A. The provisions of the WDO shall be considered the minimum regulations adopted to
promote the public health, safety and general welfare; and shall apply uniformly to each case
or kind of use, structure or land unless varied or otherwise conditioned as allowed in the
WDO.
B. A period of time to perform expressed in days shall mean consecutive "calendar days"
unless otherwise defined. The number of calendar days is counted beginning with the first
date after the date or event from which the period begins, and ending at 5 o'clock p.m. on
the last day of the number of days stated, unless the last day is not a City business day, in
which case the last day of the period shall be the first City business day following the last of
the consecutive calendar days.
1.101.03 Official Actions Shall Comply with the WDO
All officials, contractor - officials, and employees of the City vested with authority to issue
permits or grant approvals shall adhere to and require conformance with the WDO, and shall
issue no permit or grant approval for any development or use which fails to comply with
conditions or standards imposed to carry out the WDO.
1.101.04 Relationship to Other Laws and Private Agreements
It is not the intent of the WDO to interfere with, abrogate or annul any easement, covenant or
agreement between parties; provided, however, that where the WDO imposes greater restrictions
than those imposed or required by other rules or regulations, the provisions of the WDO shall
control.
1.101.05 Prior Approvals and Conditions of Approvals
Developments, including subdivisions, partitions, planned unit developments, zone changes,
conditional uses, variances, site development review, other development applications for which
approvals were granted before the effective date of the WDO, may occur pursuant to such
approvals; except that all subsequent modifications to development approvals shall comply with
the WDO.
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1.101.06 Severability
If any section, paragraph, subdivision, clause, or sentence of the WDO shall be adjudged by any
court of competent jurisdiction to be unconstitutional or invalid, such judgment shall not affect,
impair, invalidate, or nullify the remainder of the WDO.
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1.102 Definitions
Note: Terms not defined in this Section have the meaning set forth in the New Oxford American
Dictionary, 2010 edition (see Section 4.102.06.B.6.)
Abutting: Touching on the edge or on the line, including at a corner. It shall include the terms
adjacent, adjoining and contiguous.
Access: The place, means or way by which pedestrians or vehicles have ingress and egress to
and /or from a lot or use.
Accessory Building, Structure or Use: A detached building, structure or use which is incidental
and subordinate to and supports the primary use on the same premises.
Accommodations:
• Bed and Breakfast Inn: A single - family dwelling with at least one room offered to the
general public for lodging on an overnight or weekly basis, with a meal provided.
• Hotel: A building in which rooms are offered to the general public for lodging on an
overnight or weekly basis, where the primary entrance is through a lobby or foyer with
internal circulation to the rooms. Dictionary: "An establishment providing
accommodations, meals, and other services for travelers and tourists." (Dictionary
definition does not distinguish between a hotel and a motel or bed - and - breakfast.)
• Living Unit: A room or suite of rooms, providing living and sleeping facilities for one or
more persons where either cooking or eating and /or sanitation facilities are shared. In a
rooming and boarding house each bed rented for compensation is a "Living Unit." Note:
Living unit is not synonymous with "dwelling unit."
• Motel: a group of attached or detached buildings, in which more than five rooms are
offered to the general public for lodging on an overnight or weekly basis, where the
rooms have direct access to the outside without the necessity of passing through the main
lobby of a building.
• Rooming and Boarding House: A residential building or portion thereof with guest
rooms, providing lodging or lodging and meals, for three or more persons for
compensation.
Adjacent: Near, close or bordering but not necessarily contiguous with; adjoining but separated
by a right -of -way.
Administrative Body: The City Council, Planning Commission, Design Review Board, or staff
member having the jurisdiction to hear and decide proceedings on land use actions.
Alley: A public right -of -way not more than 20 feet wide and not less than 10 feet in width that
provides secondary vehicular access to property and intersects with a public street.
Alteration, Structural: Any change in the exterior dimensions of a building, or a change which
would affect a supporting member of a building, such as a bearing wall, column, beam or girder.
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Anti - graffiti Surface: Either a preparation applied to the surface area of a wall or fence that is
formulated to aid in the removal of unintended paint or other surface markings; or evergreen
vegetation planted directly in front of, or covering, a fence or wall in a way that obscures the
visibility of at least 75 percent of any element of each exterior face.
Application: Any request for approval of a development or a legislative amendment to the city's
land use regulations, comprehensive plan or related maps.
Approval criteria and approval standards: All standards which must be met in order to approve
an application. Depending upon the specific application, approval criteria include standards
contained in the Woodburn Development Ordinance, Woodburn Comprehensive Plan and
applicable state law.
Articulate /Articulation: The joining and intersecting of walls or building spaces through offsets,
projections, overhangs, extensions and similar features.
Berm: A linear mound of soil, a small rise or hill in a landscape which is intended to buffer or
visually screen certain features of development, such as parking.
Block: A unit or contiguous units of land bounded by intersecting streets.
Buffer: Landscaping and /or screening between two land uses of differing character to minimize
potential conflicts and provide a more aesthetic environment.
Building: Any structure having a roof built for the support, shelter, or enclosure of persons,
animals, or property of any kind.
Building Height: The vertical distance above a reference datum measured to the highest point of
the coping or flat roof or to the deck line of a mansard roof or to the average height of the highest
gable of a pitched or hipped roof. The height of a stepped or terraced building is the maximum
height of any segment of the building. The reference datum shall be selected by either of the
following, whichever yields the greater height of building:
1. The elevation of the highest adjoining sidewalk or ground surface within 5 -foot
horizontal distance of the exterior wall of the building when such sidewalk or ground
surface is not more than 10 feet above the lowest grade.
2. An elevation 10 feet higher than the lowest grade when the sidewalk or ground surface
described in "1" above is more than 10 feet above the lowest grade.
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BL
H
Building, Medium Density Residential: Any building where the predominant use is multiple -
family, nursing care or assisted care residential.
Building, Primary: A building, within which is conducted the main or principal use of the
property.
Cabana: A stationary structure with two or more walls, used in conjunction with a manufactured
dwelling to provide additional living space and meant to be moved with the manufactured
dwelling.
Caliper: The diameter of a tree measured 6 inches above ground level for trees up to 4 inches in
diameter, 12 inches above ground for trees between 4 and 24 inches in diameter, and 5 feet
above ground for trees 24 inches or more in diameter.
Care services:
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Figure 1.102A Building Height, Case 1
Figure 1.102B Building Height, Case 2
Child Care: The care, supervision and guidance on a regular basis of a child,
unaccompanied by a parent, guardian or custodian, provided to a child during a part of
the 24 hours of the day, in a place other than the child's home, with or without
compensation.
Child Care Facility: A facility that provides child care, including a day nursery, nursery
school, day care center, or similar unit operating under any name, but not including:
• a facility providing care that is primarily group athletic or social activities sponsored
by or under the supervision of a church or an organized club or hobby group.
• a facility operated by a school district or a governmental agency.
• a facility providing care while the child's parent remains on the premises and is
engaged in an activity offered by the facility or in other nonwork activity.
• a Child Care Home.
• Child Care Home: A residential facility certified by the Oregon Child Care Division.
Group Care Facility: A facility that provides residential care, treatment, or training for
six or more socially dependent individuals or individuals with physical disabilities or
mental retardation or other developmental disabilities or mental, emotional or behavioral
disturbances or alcohol or drug dependence. Note: See "Residential Care," Residential
Care Facility," "Residential Training Facility," "Residential Treatment Facility,"
"Training," and "Treatment" in ORS 443.400. Includes what is commonly called an
"assisted living facility."
Group Home: A facility that provides residential care, treatment, or training for five or
fewer socially dependent individuals or individuals with physical disabilities or mental
retardation or other developmental disabilities or mental, emotional or behavioral
disturbances or alcohol or drug dependence. Note: See "Residential Care," Residential
Care Home," "Residential Training Home," "Residential Treatment Home," "Training,"
and "Treatment" in ORS 443.400. Includes what is commonly called an "assisted living
facility" or "adult foster home."
• Nursing Home: A building or portion of a building containing living units and providing
inpatient nursing and rehabilitative services. Includes "hospice." Does not include
"Group Care Facility," "Group Home," or "Hospital."
Carport: A permanent structure consisting of a roof and supports for covering a parking space
which is not completely enclosed.
Cemetery: Land used or intended to be used for the burial of the dead and dedicated for
cemetery purposes, including a columbarium, crematory, mausoleum, or mortuary, when
operated in conjunction with and within the boundary of such cemetery.
Change of Use: A change from one type of use of a building or land to another type of use for
uses as defined by the Woodburn Development Ordinance.
Church: See "House of Worship."
Community Building: A facility available for public use for meetings, recreation, education.
Condominium: A building or group of buildings, in which separate buildings or portions of
buildings are separately owned, while the land on which the building(s) is located is held in a
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common ownership.
Conforming: In compliance with the current regulations of the Woodburn Development
Ordinance.
Contiguous: Touching along a boundary or point. Note: see also "abutting" and "adjacent."
Corner Clearance: The distance from an intersection of a street to the nearest driveway. The
distance shall be measured along the traveled way the street connecting the intersecting street
and the driveway, starting from the closest edge of the pavement of the intersecting street and
ending at the closest edge of pavement of the driveway.
Delivery Service: The delivery of packages and the sale and /or delivery of food and /or
beverages.
Density :
• Gross Density or Dwelling Units per Gross Acre: The number of dwelling units or living
units per acre prior to the dedication of public right -of -way; irrevocable easements for
private streets or access ways; and private streets in Manufactured Dwelling Parks.
• Net Density or Dwelling Units per Net Acre: The number of dwelling units or living
units per acre based on the land area committed to housing and common, private
ownership but EXCLUDING public right -of -way; irrevocable easements for private
streets or access ways; and private streets in Manufactured Dwelling Parks.
Department: The Department of Economic and Development Services of the City of Woodburn.
Development: A building or grading operation, making a material change in the use or
appearance of a structure or land, dividing land into two or more parcels, partitioning or
subdividing land, or the creation or termination of an access right.
Development Standard: The requirement of the City with respect to the quality and quantity of
an improvement or activity.
Director: The Director of the Department of Economic and Development Services of the City of
Woodburn or designee.
Driveway: A private access way to and from a property, a parking space or area, a garage, or a
use, intended to allow vehicular ingress and egress but not intended to provide the traffic
circulation function of a street.
Dwellings:
• Duplex: A detached building on a single lot containing 2 dwelling units designed
exclusively for occupancy by 2 families living independently of each other.
• Dwelling Unit: A building or portion of a building providing complete, independent
living facilities for occupancy by one family including permanent provisions for living,
sleeping, eating, cooking and sanitation. Note: Dwelling unit is not synonymous with
"living unit."
• Manufactured Dwelling: Any of the following:
1. Residential trailer: A structure constructed for movement on the public highways,
has sleeping, cooking and plumbing facilities, that is intended for human occupancy,
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that is being used for residential purposes and that was constructed before January 1,
1962.
2. Mobile home: A structure constructed for movement on the public highways that
has sleeping, cooking and plumbing facilities, that is intended for human occupancy,
that is being used for residential purposes and that was constructed between January
1, 1962, and June 15, 1976, and met the construction requirements of the Oregon
mobile home law in effect at the time of construction.
Manufactured home: A structure constructed for movement on the public highways
that has sleeping, cooking and plumbing facilities, that is intended for human
occupancy, that is being used for residential purposes and that was constructed in
accordance with federal manufactured housing construction and safety standards and
regulation in effect at the time of construction.
"Manufactured dwelling" does not mean any building or structure constructed to conform
to the State of Oregon Structural Specialty Code or the One and Two Family Dwelling
Code adopted pursuant to ORS Chapter 455 or any unit identified as a recreational
vehicle by the manufacturer.
Multiple - Family Dwelling: A building on a single lot containing 3 or more dwelling
units. Note: This definition does not include row houses, where attached single- family
dwelling units are located on separate lots.
• Row House: A building containing three or more dwelling units arranged so that each
dwelling unit is located on a separate lot. The building often consists of a series of
houses of similar or identical design, situated side by side and joined by common walls.
Single Family Dwelling: A detached building constructed on a single lot containing one
dwelling unit designed exclusively for occupancy by one family.
Employees: All persons, including proprietors, performing work on a premises. For calculating
required off - street parking, it shall be the number present during the largest shift or peak season.
Family: An individual or two or more persons related by blood, marriage, legal adoption or
guardianship, or a group of not more than five persons (excluding servants) who need not be
related by blood or marriage, living together in a dwelling unit. "Family" shall include two or
more handicapped persons as defined in the Fair Housing Amendments Act of 1988 living as a
single housekeeping unit.
Final action and final decision: The City's final decision on a permit application for which there
is either no appeal to another decision -maker within the City, or, if there is the possibility of a
local appeal, an appeal was not timely perfected in accordance with the Woodburn Development
Ordinance.
Frontage: That portion of a lot which abuts a public street.
Garage: A building, or portion of a building, which is completely enclosed and designed for the
storage or parking of a vehicle.
Grade: Adjacent ground elevation is the lowest point of elevation of the finished surface of the
ground, paving or sidewalk within the area between the building and property line or, when the
property line is more than 5 feet from the building, between the building and a line 5 feet from
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the building.
Gross Floor Area: The sum of the gross horizontal areas of the several floors of a building,
measured from the exterior faces of the exterior wall or from the centerline of walls separating
two buildings, but not including:
Attic and basement space providing headroom of less than seven feet;
2. Uncovered steps or fire escapes;
Private garages, carports, or porches;
4. Accessory water towers or cooling towers;
Off - street parking or loading spaces.
Home Occupation: A business or professional activity engaged in by a resident of a dwelling
unit as a secondary use of the residence, and in conformance with the provisions of the
Woodburn Development Ordinance. Such term does not include the lease or rental of a dwelling
unit.
House of Worship: A church, synagogue, temple, mosque or other permanently located building
primarily used for religious worship. A house of worship may also include accessory buildings
for related religious activities and one dwelling unit.
Interested Person: With respect to a land use action, any person or organization, or the duly
authorized representative of either, having a right of appeal under the Woodburn Development
Ordinance.
Kennel: Any lot or premises on which four or more dogs and /or cats over the age four months
are kept for sale, lease, boarding or racing.
Landscaping: Areas primarily devoted to the planting and preservation of trees, shrubs, lawn and
other organic ground cover, together with other natural or artificial supplements such as
watercourses, ponds, fountains, decorative lighting, benches, arbors, gazebos, bridges, rock or
stone arrangements, pathways, sculpture, trellises and screens.
Legal Description: The description of a subject property by either metes and bounds or in
reference to a lot, or lot and block, number of a recorded subdivision or partition.
Legislative action: Any final decision of the city that adds to, amends or repeals the City's land
use regulations, comprehensive plan or related maps and does not pertain to a particular property
or small set of properties.
Loading Space: An on -site space or berth on the same lot with a building, or contiguous to a
group of buildings, for the temporary parking of a commercial vehicle while loading or
unloading merchandise or material.
Lot: A lot or parcel created by subdivision or partition in compliance with ORS Chapter 92 and
applicable zoning and subdivision ordinances, or 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 major
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.
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1
2 3 4 5 6
7 8
Lots 1, 6, and 7 are corner lots.
Lots 2 and 8 are interior lots.
Lots 3 and 4 are flag lots (the dotted line
indicates an access easement to Lot 4.)
Lot 5 is a through lot.
Figure LIOC Lot Types
• Corner Lot: A lot abutting two segments of street right -of -way along either, a curvilinear
street, or two intersecting streets, where the projection of the two line segments forms an
angle of intersection that is no greater than 135 degrees.
• Flag Lot: A lot that is either a) accessed by an easement; or b) accessed by a strip of
land; where the width of the driveway access is neither less than, nor exceed by more
than 20 percent, the standards of Section 3.104.05.
• Interior Lot: A lot with frontage on a single street.
• Lot, Through: A lot which fronts on two streets which do not intersect along the
boundaries of the lot.
Lot Area: The total area of a lot, measured in a horizontal plane, within the boundary lines,
EXCLUDING dedicated public rights of way and recorded irrevocable easements for private
streets or driveways.
Lot Coverage: The percentage, or portion, of total lot area covered by primary and /or accessory
buildings including roofed but unenclosed structures but excluding covered structures less than
five feet in height and having less than 20 square feet of gross floor area (such as pet shelters and
play houses).
Lot Depth, Average: The horizontal distance measured from the midpoint of the front lot line to
the midpoint of the rear lot line.
Lot Line: The property lines forming the exterior boundaries of a lot.
• Front Lot Line:
In the case of an interior lot, a line separating the lot from the street.
2. In the case of a corner lot, a line separating the lot from the street from the
architectural front of the existing or contemplated primary building.
In the case of a flag lot, the lot line, which is most nearly parallel to the street that
provides access to the interior lot.
• Rear Lot Line:
In the case of a triangular shaped lot, diamond shaped lot, or a trapezoidal lot which
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is narrowest at the rear and has a distance between the side lot lines at the rear of less
than ten feet, the rear line for setback purposes shall be an assumed line within the
lot ten feet in length, parallel to and at the maximum distance from the front lot line;
or
2. In any other case, the lot line opposite and most distant from the front lot line.
• Side Lot Line: Any lot line, which is not a front or rear lot line.
Lot Width: The horizontal distance between the side lot lines, measured at right angles to the lot
depth at a point midway between the front and rear lot lines.
Manufactured Dwelling Park: Any place where four or more manufactured dwellings are
located within 500 feet of one another on a lot, tract or parcel of land under the same ownership,
the primary purpose of which is to rent or lease or use facilities or to offer space free in
connection with securing the trade or patronage of such person. The term does not include a lot
or lots located within a subdivision being rented or leased for occupancy by no more than one
manufactured dwelling per lot if the subdivision was approved pursuant to ORS Chapter 92.
Park Space: Any area or portion of a manufactured dwelling park, which is designated or
used for the placement of one manufactured dwelling and appurtenant facilities.
Mini- Storage Warehouse: An area within an enclosed building or structure used for the storage
of personal property for compensation.
Mobile Food Services: A vehicle, trailer, or wagon used for the preparation and /or sale of food
and /or beverages.
Nonconforming Development: Any development which met all applicable development
standards imposed by applicable city or county zoning ordinance provisions when the
development was established, and which has been maintained in compliance with such
standards; but which does not comply with the current development standards of the Woodburn
Development Ordinance solely because of the adoption or amendment of the Woodburn
Development Ordinance, or because annexation to the City resulted in application of different
development standards to the subject property.
Nonconforming Use: A use which met all applicable use standards imposed by applicable City
or county zoning ordinance provisions when it was established; but which does not comply with
the use standards of the Woodburn Development Ordinance solely because of the adoption of or
amendment of the Woodburn Development Ordinance, or because annexation to the City
resulted in the application of different use standards to the subject property.
Non -final decision: Any decision by the Director, Planning Commission or Design Review
Board which is not a final decision but is appealable to another decision maker within the City.
Open Space, Common: An area, feature, building or other facility within a development which
has been dedicated in common to the ownership within the development, or to the public,
specifically for the purpose of providing places for recreation, conservation or landscaping,
intended for the use of the residents and property owners of the development.
Open Space, Usable Common: Common open space, the use of which conforms with use and
development guidelines specified by the Woodburn Development Ordinance.
Owner: The owner of record of real property as shown on the latest tax rolls or deed records of
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the county, or a person who is purchasing a parcel of property under a written sales contract.
Parking Lot or Area: An on -site building, structure, or improved area, other than a street or
alley, used for the parking of automobiles and other vehicles.
Partition: Note: Partition is defined in State statute. See ORS 92.010.
Pedestrian Facilities: Improvements, which provide for public pedestrian foot traffic including
sidewalks, walkways, crosswalks and other improvements, such as lighting or benches, which
provide safe, convenient and attractive walking conditions.
Permit: Any form of approval pertaining to the use of land rendered by the City under the
Woodburn Development Ordinance, including subdivisions, partitions, property line
adjustments, zone changes and plan amendments, land use, limited land use and expedited land
divisions.
Permitted Use: Those land uses permitted in a zoning district that are allowed outright, subject
to the standards of the Woodburn Development Ordinance, without obtaining a land use
approval.
Planned Unit Development or PUD: A type of land development which, as a single project,
allows for mixed use and design flexibility that is based on a design that is in compliance with
the Comprehensive Plan, the uses allowed by underlying zoning, specified exceptions to zoning
standards and applicable subdivision, condominium and homeowner association requirements of
the Woodburn Development Ordinance.
Plant Unit: A quantity of specified plant materials.
Recreational Vehicle or RV: A vehicle with or without motive power, that is designed for
human occupancy and to be used temporarily for recreational, seasonal, or emergency purposes.
The term includes camping trailer, motor home, park trailer, travel trailer, and truck camper.
Recreational Vehicle Park or RV Park: A plot of land upon which two or more recreational
vehicle sites are located, established or maintained for occupancy by recreational vehicles of the
general public as temporary living quarters for recreational or vacation purposes.
Recycling Center: An area or structure used for the collection and temporary storage of non -
putrescible, discarded materials, which will be transported elsewhere to be reused or recycled.
Repair: The reconstruction or renewal of any part of an existing building or structure for the
purposes of maintenance. The term shall not include structural alteration.
School, Elementary, Middle or High School: A public or private institution offering instruction
in the several branches of learning and study, in accord with the rules and regulations of the State
Department of Education.
Screening: A sight- obscuring fence, architectural wall, or evergreen hedge at least 6 feet in
height.
Setback or Setback Line: The minimum distance between a specified line and the foundation or
exterior wall of a building or structure, whichever is closer.
1. For interior and corner lots the distance shall be measured from the abutting property
line.
2. In a Manufactured Dwelling Park setbacks shall be measured from the delineation of a
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"Park Space."
3. For Interior Flag Lots setbacks shall be measured from a property line EXCEPT in the
case of development that abuts a flag lot driveway access easement or strip of land in fee.
In that case the setback shall be measured from the easement line or the property line,
whichever is closer to the development.
Note: A setback is the minimum required distance between a structure and a lot line, whereas a
yard is the actual area between a structure and a lot line.
Rear setback --, 1- Rear yard
� � a a
Q - a v
v v -o
Ln
m v
- o - a
un
Front setback --"/ I _ Front yard
Street
Figure 1.102D Setbacks and Yards
Setback, Average: For any continuous wall "average setback" shall be as follows:
1. For a straight wall: The distance derived from dividing the sum of the closest and
furthest points of the building wall from the property line by 2; or
2. For an articulated wall: The location of a wall where the yard area abutting the property
line (accounting for offsets and j ogs) is equal to the yard area computed by multiplying
the length of the wall by the standard for the allowable average setback.
Lot line
Building
Setback standard Furthevt
Average
setback point
C Iosest point
Figure 1.102E Average setback for a straight wall
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Lot line
Building
Setback
standard
Yard area computed by multiplyingthe
length of the wa I I by the sta nda r d
forth e allowable average setback.
Lot line
Building
Setback
standard
Yard area abutting the property line
(accounting for offsets and jogs.)
Figure LIOF Average setback for an articulated wall
Significant Tree: Any existing, healthy tree 24 inches or more in diameter measured 5 feet
above ground level
Street:
• Boundary Street: That portion, or portions, of a street right -of -way abutting a subject
property where existing or proposed development is located within 260 feet of the subject
right -of -way. (see Figure 6.12)
• Cul -de -sac: A dead end street having a turnaround area at the dead end.
• Park Street: A private street which affords principal means of access to abutting
individual manufactured dwelling spaces and auxiliary buildings within a manufactured
dwelling park.
• Public Street: The entire width between the right -of -way lines of a public way capable of
providing the principal means of access to abutting property.
Structural Alteration: Any alteration, addition or removal of any structural member of a
building, or structure.
Structure: That which is built or constructed; an edifice or building of any kind; or any piece of
work artificially built up or composed of parts joined together in some definite manner,
regardless of whether it is wholly or partly above or below grade.
Subdivision: Note: Subdivision is defined in State statute. See ORS 92.010.
Subject Property: The real property or properties that is /are the subject of a quasi-judicial permit
application.
Use: (noun) An activity or a beneficial purpose for which a building, structure or land is
designed, developed or occupied.
• Ancillary Use: An ancillary use is a use that is subsidiary to a predominant use and is
either vertically integrated with or directly linked with the conduct of a predominant use,
or is exclusively for the benefit of occupants, or employees, of a predominant use.
• Required Supporting Use: An on -site space or facility necessary to fulfill a dimensional
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or development standard of the Woodburn Development Ordinance or a condition of a
land use approval. Required supporting uses include access facilities, parking, loading,
landscaping, and open space.
Utilities: Water, sanitary sewer, storm drainage, natural gas, electrical, wire communication
service, cable television and all persons and companies supplying the same.
Vision Clearance Area: An area defined by the standards within which visual obstructions are
regulated for safety purposes. (See Figure 6.4)
Wall, Architectural: A brick, poured concrete, precast concrete, or CMU wall, that meets the
design standards of Section 3.107.09.
Wetlands: An area that is inundated or saturated by surface water or ground water at a frequency
and duration sufficient to support, and that under normal circumstances does support a
prevalence of vegetation typically adapted for life in saturated soil conditions.
Wetlands, Significant: Wetlands which are defined by the criteria adopted by the Division of
State Lands (DSL) pursuant to ORS Chapter 197 and are subject to land use regulation.
Yard: An open and unoccupied space on the lot on which a building is situated. Note: A setback
is the minimum required distance between a structure and a lot line, whereas a yard is the actual
area between a structure and a lot line. (See Figure 1.102D)
• Buffer Yard: A yard improved with landscaping and /or screening to applicable standards
of the Woodburn Development Ordinance that is located between two land uses of
differing character to minimize potential conflicts and to provide a more aesthetic
environment.
• Front Yard: The space extending across the full width of a lot, the depth of which is the
minimum horizontal distance between the front lot line and a line parallel to the nearest
point of the foundation or exterior wall of the primary building or structure, whichever is
closer.
• Rear Yard: The space extending across the full width of the lot between the rear lot line,
the depth of which is the minimum horizontal distance between the rear lot line and a line
parallel to the nearest point of the foundation or exterior wall of the primary building or
structure, whichever is closer.
• Side Yard: The space extending from the front yard line to the rear yard line, the depth
of which is the minimum horizontal distance between the side lot line and a line parallel
to the nearest point of the foundation or exterior wall of the primary building or structure,
whichever is closer.
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1.103 Zoning Map
1.103.01
Adoption of the Zoning Map
1.103.02
Content of the Official Zoning Map
1.103.03
Copies of the Zoning Map
1.103.04
Depiction of Rights -of -Way
1.103.05
Interpretation of Zoning District Boundaries
1.103.06
Maintenance of the Zoning Map
1.103.01 Adoption of the Zoning Map
An official zoning map, entitled, "Official Zoning Map of the City of Woodburn" or "Zoning
Map" is hereby adopted and made a part of the Woodburn Development Ordinance.
1.103.02 Content of the Official Zoning May
A. The location and boundaries of all zoning districts, overlay districts and all other graphic
information required by the Woodburn Development Ordinance shall be noted on the
Official Zoning Map. The Official Zoning Map shall be filed with City Recorder
B. The Zoning Map, and the record of final decisions amending the Map which have not yet
been plotted on the Map, shall constitute a certifiable record of the Official Zoning Map.
C. The Director shall control the electronic storage of graphic files used to plot the Zoning
Map. The Director shall, when necessary, certify to the accuracy of copies of the Zoning
Map or portions thereof.
1.103.03 Copies of the Zoning Map
Regardless of the existence of published purported copies of the Zoning Map, there shall be only
one Zoning Map, which shall be kept on file by the Director. The Zoning Map shall be the final
authority as to the zoning status of all land within the City. As to amendments to the Official
Zoning Map, the Zoning Map shall be prima facie evidence of the zoning status of the area
shown by the amendment; but in the event of a conflict between the Zoning Map and the action
effecting the amendment, the action shall control.
1.103.04 Depiction of Rights -of -Way
The Official Zoning Map need not depict zoning for rights -of -way. Regardless of depiction on
the Official Zoning Map, zoning districts shall extend to the centerline of abutting rights -of -way.
1.103.05 Interpretation of Zoning District Boundaries
Where there is uncertainty, contradiction or conflict concerning the intended location of zoning
district boundary lines, the boundary lines shall be determined by consideration of the following
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guidelines in a Type IV review. Such a review maybe initiated by the owner of the subject
property or by the Director:
A. Boundaries indicated as approximately following the center of right -of -way lines of streets,
highways, railroad track or alleys shall be construed to be such district boundaries;
B. Boundaries, when not adjacent to public rights of way, indicated as approximately
following the boundaries of a lot shall be construed as following such boundaries;
C. Boundaries indicated as approximately following the City limits shall be construed as
following such boundary;
D. Boundaries indicated as approximately following river, stream and /or drainage channels or
basins shall be construed as following the center line of the channel of such river, stream or
channel; and
E. Whenever any public right of way is lawfully vacated, the lands formerly within the vacated
right of way shall automatically be subject to the same zoning district designation that is
applicable to lands to which the vacant land attaches.
1.103.06 Maintenance of the Zoning May
The Director shall maintain an up -to -date copy of the Zoning Map, to be revised from time to
time so that it accurately portrays changes in zone boundaries. The Zoning Map may be stored
on a computerized geographic information system (GIS). The Director shall adopt rules
governing access to and storage of an official GIS Zoning Map to insure against accidental or
unauthorized modification or loss of the data.
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1.104 Nonconforming Uses and Development Standards
1.104.01 Applicability
1.104.02 Change or Expansion of an Existing Use with Nonconforming Parking, Loading
and /or Landscaping
1.104.03 Change or Expansion of an Existing Use within a Nonconforming Structure
1.104.04 Nonconforming Lots of Record
1.104.05 Repairs and Maintenance
1.104.06 Termination of a Nonconforming Use
1.104.07 Termination of a Use within a Nonconforming Building or Structure
1.104.01 Applicability
The provisions of this Section relate exclusively to the use and development standards and
conditions imposed by the WDO. Nothing in this Section shall be deemed a waiver, relaxation
or abrogation of any provision of any other applicable law, ordinance, or regulation controlling
the use or development of buildings, structures or land.
1.104.02 Change or Expansion of an Existing Use with Nonconforming Parking,
Loading and /or Landscaping
Any additional parking, loading, landscaping, wall or refuse facility required by the WDO to
accommodate a change in use, or expansion of an existing use shall be subject to the following:
A. For applications where the change or expansion increases the required area for parking,
loading, or landscaping by 25 percent or more, all parking, loading, landscaping, buffer
walls and refuse facilities shall conform to the standards of the WDO.
B. For applications where the change or expansion increases the required area for parking,
loading, or landscaping by less than 25 percent, the parking, loading, landscaping, buffer
walls and refuse facilities required for the expansion shall conform to the standards of the
WDO. The property owner is encouraged, but not required, to bring more of the site into
conformity.
1.104.03 Change or Expansion of an Existing Use within a Nonconforming Structure
A. Any expansion or addition to buildings or structures with nonconforming height, setback,
density or lot coverage shall not make the development more nonconforming.
B. Any expansion or addition to single family and duplex dwellings that existed before the
effective date of the WDO, except those located in the NCOD, shall be exempt from the
architectural guidelines and standards of the WDO.
1.104.04 Nonconforming Lots of Record
Any nonconforming lot of record may be used, provided all standards not involving width or lot
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area shall comply with the WDO.
1.104.05 Repairs and Maintenance
Except as otherwise provided in this Section, nonconforming structures and development and
premises occupied by nonconforming uses may be repaired and maintained, so long as any such
repair or maintenance does not in any way increase its nonconformity.
1.104.06 Termination of a Nonconforming Use
The nonconforming use of a building, structure, or land shall be considered terminated if the
Director finds that the use of the building, structure or land ceased, for any reason, for a
continuous period of one year. Any findings by the Director shall be subject to Section 4.102.06.
1.104.07 Termination of a Use within a Nonconforming Building or Structure
A use dependent upon a nonconforming building or structure (with the exception of a single
family dwelling) shall be terminated, as noted, under any one of the following circumstances:
A. Use of a building or structure that is substantially damaged or becomes deteriorated to the
extent that it has been declared a "dangerous building or structure" and ordered demolished
pursuant to the state Building Code or other federal, state or local regulations, shall be
terminated upon such declaration and order;
B. Use of a building or structure which is substantially damaged or deteriorated to the extent
that the cost of repairing the building or structure exceeds 60 percent of its replacement cost
shall be terminated upon the date of such damage or deterioration. The replacement cost
shall be established by the Building Official assuming new materials and compliance with
the state building code; or
C. Use of a building or structure which is damaged or deteriorated less than 60 percent shall be
terminated where permits and full reconstruction has not been initiated within one year of
the preparation of a restoration estimate. The restoration cost shall be estimated by a
registered engineer or architect assuming new materials and compliance with the state
building code.
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1.105 Planning Commission
1.105.01
Composition, Terms and Vacancies
1.105.02
Organization of the Commission
1.105.03
Functions and Duties of the Commission
1.105.01 Composition, Terms and Vacancies
A. Creation of the Commission.
The Woodburn Planning Commission as created and organized pursuant to Ordinance
1807, is hereby recreated and continued as provided herein.
2. The Commission shall have the duties and powers set forth in this Section and such
further and additional powers and duties conferred by the constitutions and laws of the
United States and the State of Oregon, the Charter, Ordinances and Resolutions of the
City of Woodburn, and as directed by the City Council.
The Commission shall act as the Design Review Board under the WDO except where
the City Council has acted by resolution pursuant to Section 1.106.01 to appoint a
Design Review Board.
B. Composition of the Commission
The Commission shall consist of a total seven (7) members appointed by the Mayor to a
full or unexpired term, and confirmed by the City Council. Any vacancy in the
Commission shall be filled by appointment by the Mayor with the consent of the City
Council for the unexpired portion of the term.
2. All members of the Commission shall be legal residents of the City of Woodburn, with
the exception that one member who may reside outside the City.
No more than one member shall be engaged principally in the buying, selling, or
developing of real estate for profit as an individual or be a member of any corporation
that is engaged principally in the buying, selling or developing of real estate for profit.
No more than one member shall be engaged in the same kind of business, trade or
profession.
C. Terms of Office
The terms of office of each Commissioner shall be four years, or until a successor is
appointed and qualified. The terms of the Commissioners shall be staggered so that the
term of office of not more than three members will expire in the same year. The terms
of office shall expire at midnight on December 31.
2. Commission members shall be installed at the first regular meeting of the Commission
following the expiration of a term or vacancy, and their confirmation by the City
Council. Installation shall be completed after an oath or affirmation to uphold the
Constitutions of the United States and the State of Oregon and impartially perform the
duties of the office to best of their ability.
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The Council may remove a Commissioner, after hearing, for misconduct or
nonperformance of duty.
D. Compensation.
Members of the Commission shall receive no compensation for their services, but may be
reimbursed for expenses incurred in the performance of their duties.
1.105.02 Organization of the Commission
A. Officers.
The Commission shall elect a Chair and a Vice Chair. The terms of office shall comply
with the rules and regulations of the Commission and City Council.
2. The Director shall serve as Secretary of the Commission. The Secretary, supported by
other city staff, shall provide notice of public meetings and public hearings, and keep
minutes of all proceedings of the Commission in accordance with state law and city
ordinances.
B. Meetings.
1. Four (4) members of the Commission shall constitute a quorum.
2. The Commission shall meet at least once each month, and the regular meeting place of
the Commission shall be at the City Hall.
3. The Commission may establish rules to conduct its business consistent with the laws of
the State of Oregon and with the Charter and Ordinances of the City of Woodburn.
1.105.03 Functions and Duties of the Commission
A. General Responsibilities for Recommendations to the City Council and Others.
Except as otherwise provided by the City Council, the Commission shall have the power to
make recommendations to the City Council and to all other public authorities regarding the
following:
The laying out, widening, extending, and locating of public thoroughfares, parking of
vehicles and relief of traffic congestion;
2. Betterment of housing and sanitation conditions;
Establishment of zones or districts limiting the use, height, area and bulk and other
characteristics of buildings and structures related to land development;
4. Protection and assurance of access incident to solar radiation;
Protection and assurance of access to wind for potential future electrical generation or
mechanical application.
6. Plans for regulating future growth, development and beautification of the city in respect
to its public and private buildings and works, streets, parks, grounds and vacant lots,
and plans consistent with future growth and development of the city in order to secure
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to the city and its inhabitants sanitation, proper service of public utilities and
telecommunications utilities, including appropriate public incentives for overall energy
conservation and transportation facilities.
7. Plans for development and regulation of industrial and economic needs of the
community in respect to industrial pursuits.
Economic surveys of the present and potential needs of the city.
9. Needs of local industries with a view to strengthening and developing them and
stabilizing employment conditions.
B. Recommendations on Planning and Zoning.
The Commission shall make written findings and recommendations to the City Council on
all proposed amendments to the Comprehensive Plan; proposed or revised ordinances
relating to the regulation of land use; all types of land use applications specified for
Commission review by the WDO; and all other matters as directed by the City Council after
holding any prescribed public hearing. The Commission may also hold public hearings and
make recommendations to the Council on any other matter that relates to the Commission's
powers and duties.
C. Review and Tentative Approval of Subdivisions and Planned Unit Developments.
The Commission shall have the duty and power to review and tentatively approve
subdivisions and planned unit developments of land laid out in lots, including the streets,
alleys, and other portions of the same intended to be dedicated for public or private use
within the City of Woodburn, subject to review or appeal to the City Council..
The Commission shall have the duty and power to review all Type III and Type IV
applications.
D. Other Duties of the Commission
The Commission shall have the authority to exercise any and all powers, functions, and
authority delegated to or conferred upon the Commission by the laws of Oregon, the Charter
of the City of Woodburn, the WDO, or any other ordinance or resolution of the City of
Woodburn.
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1.106 Design Review Board
1.106.01 Composition, Terms and Vacancies
1.106.02 Organization of the Board
1.106.03 Functions and Duties of the Board
1.106.01 Composition, Terms and Vacancies
A. Creation of the Board.
The City Council may, by resolution, create or dissolve a Design Review Board, which
shall have the functions, duties and powers set forth in this Section. Until a Design
Review Board is created, the functions, duties and powers set forth in this Section are
vested in the Planning Commission.
2. The Board shall have the functions and duties and powers set forth in this Section and
such further and additional functions and duties as may be conferred upon it by the
Charter, Ordinances and Resolutions of the City of Woodburn, and as directed by the
City Council.
B. Composition of the Board.
The Board shall consist of a total of five (5) members appointed by the Mayor to a full
or unexpired term and confirmed by the City Council.
2. Voting membership of the Board shall include at least three design professionals or
persons with experience and /or knowledge of design. No more than one voting member
shall be engaged in the same kind of business, trade or profession.
C. Terms of Office.
The terms of office of the initial appointed members shall run as follows: two members
until January 1 of the year that commences one year following their initial appointment
and three members until January 1 of the year that commences two years following their
initial appointment. The Council shall determine by lot the terms of the initial
members.
2. The term of office of a member, other than those initially appointed, shall be for
staggered terms of four years, or until a successor is appointed. The terms of office
shall expire at midnight on December 31.
Board members shall be installed at the first regular meeting of the Board following the
expiration of a term or vacancy.
4. The Council may remove a Board member, after hearing, for misconduct or
nonperformance of duty.
D. Compensation.
Members of the Board may receive compensation for their services as shall be determined
by City Council and may be reimbursed for expenses incurred in the performance of their
duties.
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1.106.02 Organization of the Board
A. Officers.
The Board shall elect a Chair and a Vice Chair. The terms of office shall comply with
the rules and regulations of the Board.
2. The Director shall serve as Secretary of the Board. The Secretary, supported by other
City staff, shall provide notice of public meetings and public hearings, and keep an
accurate record of all proceedings and actions of the Board in accordance with state law
and city ordinances.
B. Meetings.
Three (3) members of the Board shall constitute a quorum.
2. The Board shall have a regular meeting schedule. All meetings of the Board shall be
open public meetings. The regular meeting place of the Board shall be at the City Hall.
The Board shall establish rules to conduct its business consistent with the laws of the
State of Oregon and with the Charter and Ordinances of the City of Woodburn.
1.106.03 Functions and Duties of the Board
It shall be the function and duty of the Board to administer the design review provisions of the
WDO that are identified as functions of the Board. It shall be the duty of the Board to make
recommendations or decisions with written findings in compliance with the applicable
procedures of the WDO.
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4.101 Decision Making Procedures
This section provides the review and decision - making procedures by which all applications
relating to the use of land authorized by ORS Chapters 92, 197 and 227 are reviewed and
decided, as well as legislative enactments initiated by the City Council.
4.101.01 Application and Appeal Fees and Refunds
4.101.02 Assignment of Decision - Makers
4.101.03 City Council Initiated Procedures
4.101.04 Complete Application Requirements
4.101.05 Completeness Review and 120 -Day Rule
4.101.06 Conditions of Approval
4.101.07 Consolidated Applications
4.101.08 Ex -Parte Contacts, Personal Site Observations, Conflicts of Interest and Bias
4.101.09 Initiation of a Legislative Proposal
4.101.10 Legislative Hearing Process
4.101.11 Notice of Decision
4.101.12 Objections to Procedure
4.101.13 Pre - application Conference
4.101.14 Public Notices
4.101.15 Quasi- Judicial Hearing Process
4.101.16 Requests of Continuance and to Keep the Record Open
4.101.17 Types of Decisions
4.101.01 Application and Appeal Fees and Refunds
A. Fees: The City may adopt by ordinance or resolution, and revise from time to time, a
schedule of fees for applications, appeals and other services provided by City departments.
Fees shall be based upon the City's actual or average cost of processing the application or
conducting the appeal process, except where limited by State statute.
B. Payment: All fees shall be due and payable at the time the application or appeal is
submitted. No application or appeal shall be accepted without the proper fee being paid.
C. Refunds: Fees will only be refunded as provided in this subsection:
1. When a fee is paid for an application, which is later found by the Director to not be
required, the Department shall refund the fee.
2. When an error is made in calculating a fee, overpayment will be refunded.
3. In the event an applicant withdraws an application, the Department shall:
a. Refund 100 percent of application fee prior to deeming the application complete; or
b. Refund 50 percent prior to making the public notice; or
c. Make no refund after completing the public notice.
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4.101.02 Assignment of Decision - Makers:
The following City entity or official shall decide the following types of decisions:
A. Type I Decisions (Administrative): The Director shall render all Type I decisions. The
Director's decision is the City's final decision on a Type I application and this decision is
not appealable by any party through the City's land use process.
B. Type II Decisions (Quasi - Administrative): The Director shall render the City's decision on
all Type II applications, which are appealable to the City Council. The City Council may
call up a Type II decision for review on its own motion. The City Council's decision is the
City's final decision and is appealable to LUBA within 21 days after it becomes final.
C. Type III Decisions (Quasi - Judicial): The Planning Commission shall render all Type III
decisions EXCEPT for Type III design review, with or without a concurrent variance, which
shall be decided by the Design Review Board, if one has been created by the City Council.
A Type III decision is appealable to the City Council. The City Council may call up a Type
III decision for review on its own motion. The City Council's decision is the City's final
decision and is appealable to LUBA within 21 days after it becomes final.
D. Type IV Decisions (Quasi - Judicial): The Planning Commission shall hold an initial public
hearing on all Type IV permit applications before making a recommendation to the City
Council. The City Council shall then conduct a de novo public hearing. The City Council's
decision is the City's final decision on a Type IV application and is appealable to LUBA
within 21 days after it becomes final.
E. Type V Decisions (Legislative): Type V decisions involve legislative actions where the City
Council enacts or amends the City's land use regulations, comprehensive plan, official
zoning maps or some component of these documents. Type V decisions may only be
initiated by the City Council. The Planning Commission holds an initial public hearing on
the proposal before making a recommendation to the City Council. The City Council then
holds a final public hearing and renders a 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.
4.101.03 City Council Initiated Procedures
The City Council may initiate any type of land use action by motion designating the appropriate
City department to complete and file the application.
4.101.04 Complete Application Requirements
A. Initiation of an Application: An application for a land use action may only be initiated by
the record property owner or contract purchaser, the City Council or Planning Commission.
If there is more than one record owner, then the City will not accept an application without
signed authorization from all record owners.
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B. Required Information: It is the responsibility of the applicant to demonstrate that all
applicable criteria are satisfied. Within 30 days of the date the application is first submitted,
the Director may require additional information to ensure all applicable approval criteria are
addressed. In any event, the applicant is responsible for the completeness and accuracy of
the application and all of the supporting documentation. The City will not deem the
application complete until all information required by the Director is submitted and
received, or the applicant requests in writing that the application be deemed complete.
4.101.05 Completeness Review and 120 -Day Rule
A. Completeness: The Director shall review the application and all information submitted with
it and evaluate whether the application is complete. Within thirty days of receipt of the
application, the Director shall complete this completion review. If the application is
incomplete, the Director shall notify the applicant in writing what information is missing.
Upon receipt of a letter from the Director indicating the application is incomplete, the
applicant has 180 days within which to submit the missing information. If the applicant
submits the requested information within the 180 -day period, the Director shall again
verify whether the application, as augmented, is complete. Each such review and
verification shall follow the procedure prescribed in this Section.
2. If an incomplete application is not made complete within 180 days from the date it was
first filed it shall become void on the 181 day. If an application becomes void under
this subsection, the Director shall return all materials and refund the application fee as
outline above (Section 4.101.04) to the applicant.
B. An application shall be complete:
When the Director, within 30 days after the filing date, determines the application is
complete; or
2. On the 31st day after filing if the applicant refuses in writing to submit the missing
information; or
On the date that the applicant files the missing information if a notice of incompleteness
was given; or
4. On the 31st day for any application not previously deemed complete if no
incompleteness notice was given.
C. 120 -day Rule: The City shall take final action on the application within 120 days of that
date unless the applicant extends the 120 day period. Any continuance or extension of the
record requested by an applicant shall result in a corresponding extension of the 120 -day
period.
D. When the 120 -day Rule is Not Applicable: The 120 -day rule does not apply to:
Any Type I decision;
2. Any application for an amendment to the City's comprehensive plan; or
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Any application for a permit, the approval of which depends upon a Comprehensive
Plan amendment;
4. Any application that is not wholly within the City's authority and control;
Any Type V decision, or
6. Any annexation.
E. Applicable Standards: The approval standards which control the City's review and decision
on a complete application are those which were in effect on the date the application was first
submitted.
4.101.06 Conditions of Approval
A. Authority to Impose Conditions: All City decision - making bodies have the authority to
impose conditions of approval reasonably related to impacts caused by the development or
designed to ensure that all applicable approval standards are, or can be, met on Type II, III
and IV decisions EXCEPT annexation. All conditions of approval shall be clear and
objective or if the condition requires discretion shall provide for a subsequent opportunity
for a public hearing.
B. Compliance with Conditions:
1. The applicant shall agree in writing that the applicant and successors shall be bound by
the conditions prescribed for approval of the development.
2. Failure to comply with any condition of approval shall be the basis for revocation of the
permit(s) and /or instituting code enforcement proceedings pursuant to the Section
4.102.10 and 4.104.11 and ORS 30.315.
4.101.07 Consolidated Applications
An applicant may request, in writing, to consolidate applications needed for a single
development project. Under a consolidated review, all applications shall be processed following
the procedures applicable for the highest type decision requested. It is the express policy of the
City that development review not be segmented into discrete parts in a manner that precludes a
comprehensive review of the entire development and its cumulative impacts.
4.101.08 Ex -Parte Contacts, Personal Site Observations, Conflicts of Interest and Bias
A. Declaration: Before the beginning of each hearing item, the chair shall ask the members of
that decision - making body if there are any declarations of any ex parte contacts, personal
site observations, conflicts of interest, or bias.
B. Ex- parte Contacts: Before rendering a decision, a member of the decision - making body
may not communicate, directly or indirectly, with any person interested in the outcome.
Should such communication occur, at the beginning of the hearing the member must:
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Enter into the record the substance of the written or oral communication; and
2. Publicly announce the content of the communication and provide any person with an
opportunity to rebut the substance of the contact.
This rule does not apply to legislative proceedings or to communications between City staff
and a member of the decision - making body.
C. Personal Site Observations: A member of the decision - making body shall disclose into the
record any personal site observations, and provide any person with an opportunity to rebut
the substance of this disclosure. This rule does not apply to legislative proceedings.
D. Conflicts of Interest: A member of the decision - making body shall review and observe the
requirements of the Government Standards and Practices Law (ORS Chapter 224). All
potential and actual conflicts of interest shall be publicly disclosed by the member and noted
in the meeting minutes. A member shall not participate as a member of the decision - making
body in any land use proceeding where the member has an actual conflict of interest.
E. Bias: All decisions in quasi-judicial matters shall be fair, impartial and based on the
applicable approval standards and the evidence in the record. A member of the decision -
making body who is unable to render a decision on this basis in any particular matter shall
refrain from participating in the deliberations or decision on the matter. This rule does not
apply to legislative proceedings.
4.101.09 Initiation of a Legislative Proposal
A. The City Council may initiate the consideration of a legislative decision by resolution.
B. Actions initiated by the Council shall be referred to the Planning Commission for a public
hearing and recommendation to the Council.
C. The City Council shall hold the final public hearing on a proposed legislative decision.
4.101.10 Legislative Hearing Process
A. Purpose: Legislative actions involve the adoption or amendment of the City's land use
regulations, comprehensive plan, zoning map, or some component of these documents.
B. Planning Commission Recommendation:
The Planning Commission shall hold at least one public hearing before recommending
action on a legislative proposal. Any interested person may appear and provide written
or oral testimony on the proposal at or before the hearing. The Director shall notify the
Oregon Department of Land Conservation and Development (DLCD) at least 45 days
before the first hearing, or as required by the post - acknowledgment procedures of ORS
197.610 to 197.625, as applicable.
2. Once the Planning Commission hearing has been scheduled and noticed, the Director
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shall prepare and make available a report on the legislative proposal at least seven days
before the hearing.
At the conclusion of the hearing, the Planning Commission shall adopt a
recommendation on the proposal to the City Council. The Planning Commission shall
make a report and recommendation to the City Council on all legislative proposals. If
the Planning Commission recommends adoption of some form of the proposal, the
Planning Commission shall prepare and forward to the City Council a report and
recommendation to that effect.
C. City Council Action: Upon receiving a recommendation from the Planning Commission on
a legislative action, the City Council shall hold at least one public hearing on the proposal.
Any interested person may provide written or oral testimony on the proposal at or prior to
the hearing. At the conclusion of the hearing, the City Council may adopt, modify or reject
the legislative proposal, or it may remand the matter to the Planning Commission for further
consideration. If the decision is to adopt at least some form of the proposal, and thereby
enact or amend the City's land use regulations, comprehensive plan, zoning map or some
component of any of these documents, the City Council decision shall be enacted as an
ordinance.
D. Notice of Final Decision to DLCD: Not later than five working days following the City
Council's final decision, the Director shall mail notice of the decision to DLCD in
accordance with ORS Chapter 197.
4.101.11 Notice of Decision
The City shall send, by mail, a notice of all Type II, III and IV decisions to all persons with
standing, including the applicant, all persons who appeared either orally or in writing before the
close of the public record and any persons who requested notice of the decision. The notice of
decision shall include the following information:
A. The file number and date of decision;
B. The name of the applicant, owner and appellant (if different);
C. The street address or other easily understood location of the subject property;
D. A brief summary of the decision, and if an approval, a description of the permit approved;
E. A statement that the decision is final unless appealed and description of the requirements for
perfecting an appeal; and
F. The contact person, address and a telephone number whereby a copy of the final decision
may be inspected or copies obtained.
4.101.12 Obiections to Procedure
Any party who objects to the procedure followed in any particular matter, including bias, conflict
of interest and undisclosed ex parte contacts, must make a procedural objection before the City
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renders a final decision. Procedural objections may be raised at any time before a final decision,
after which they are deemed waived. In making a procedural objection, the objecting party must
identify the procedural requirement that was not properly followed and identify how the alleged
procedural error harmed that person's substantial rights.
4.101.13 Pre - application Conference
A. Applicability: Prior to submitting an application, the applicant may schedule a pre -
application conference with City staff to discuss the proposal before submitting an
application of any land use action. A pre - application conference is advisory in nature and
shall be voluntary, excepting annexations, where a pre - application conference is mandatory.
B. Purpose: The purpose of a pre- application conference is to provide staff from all affected
City departments the opportunity to provide the applicant with information on the likely
impacts, limitations, requirements, approval standards, fees and other information that may
affect the proposal. The Director shall provide a written summary of the pre - application
conference.
C. Requirements for a Pre - application Conference: To schedule a pre - application conference, a
complete City application, accompanying information, and filing fee must be submitted to
the Director.
D. No Waiver of Requirements: Notwithstanding any representations by City staff at a pre -
application conference, staff is not authorized to waive any requirements of the Woodburn
Development Ordinance and any omission or failure by staff to recite to an applicant all
relevant applicable land use requirements shall not constitute a waiver by the City of any
standard or requirement.
4.101.14 Public Notices
All public notices issued by the City for decisions shall comply with the requirements of this
section.
A. Mailed Notice.
Type IL After the Director has deemed a Type II application complete, the Director
shall issue a decision. The City shall send notice of the decision, by mail, to all record
owners of property within 250 feet of the subject property, and to any City recognized
neighborhood associations whose territory includes the subject property. The City's
notice of decision shall include the following information:
a. An explanation of the nature of the application and the proposed use or uses, which
could be authorized;
b. Street address or other easily understood location of the subject property;
c. The name and telephone number of the planning staff person assigned to the
application or who is otherwise available to answer questions about the application;
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d. A statement that the application and all supporting materials may be inspected at no
cost, and copies may be obtained at reasonable cost, at City Hall during normal
business hours;
e. A statement that the decision will not become final until the period for filing an
appeal to the City Council has expired and that the decision cannot be appealed
directly to the Land Use Board of Appeals; and
f An explanation of appeal rights, including that any person who is adversely
affected or aggrieved or who is entitled to written notice of the decision may appeal
the decision.
2. Type III or IV: Notice for all initial public hearings concerning Type III and IV
decisions shall conform to the requirements of this subsection. At least 10 days before
the initial public hearing, the Director shall prepare and send, by 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. If an application would change the zone of property that includes any part of
a mobile home or manufactured dwelling park, notice shall also be mailed to the tenants
at least 20 days before but not more than 40 days before the initial public hearing.
Notice of the application hearing shall include the following information:
a. The time, date and location of the public hearing;
b. The street address or other easily understood location of the subject property and
city- assigned planning file number;
c. A description of the applicant's proposal, along with a list of citations of the
approval criteria that the City will use to evaluate the proposal;
d. A statement that any interested party may testify at the hearing or submit written
comments on the proposal at or before the hearing, and that a staff report will be
prepared and made available to the public at least seven days prior to the hearing;
e. A statement that any issue which is intended to provide a basis for an appeal to the
City Council must be raised before the close of the public record. Issues must be
raised and accompanied by statements or evidence sufficient to afford the City and
all parties to respond to those issues;
f A statement that the application and all supporting materials and evidence
submitted in support of the application may be inspected at no charge and that
copies may be obtained at reasonable cost at City Hall during normal business
hours;
g. The name and telephone number of the Planning staff person responsible for the
application or who is otherwise available to answer questions about the application;
and
h. A statement advising that ADA access may be accommodated, upon receipt of a
timely request.
B. Posted Notice: Notice of an initial public hearing for a Type III or IV decision shall be
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posted on the subject property as follows:
The applicant shall post on the site at least one (1) notice signboard provided by the
Director for that purpose. The signboard shall be posted in a conspicuous place visible
to the public on or in the vicinity of the property subject to the application. The
signboard shall state with minimum two (2) inch high letters the case file number and
the telephone number where City staff can be contacted for more information.
2. The applicant shall post a notice on each frontage of the subject property. If the
property's frontage exceeds 600 feet, one copy of the notice shall be posted for each
600 feet or fraction thereof. Notices shall be posted within ten feet of the street and
shall be visible to pedestrians and motorists.
The notice shall be posted at least 10 days prior to a public hearing. Once posted, the
applicant need not maintain a posted notice. The applicant, upon posting shall certify
that the property has been properly posted.
4. The applicant shall remove all signs within ten days following the event announced in
the notice.
C. Published Notice: The 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:
The time, date and location of the public hearing;
2. The address or other easily understood location of the subject property
A City- assigned planning file number;
4. A summary of the principal features of the application or legislative proposal;
A statement that any interested party may testify at the hearing or submit written
comments on the proposal at or before to the hearing;
6. The name and telephone number of the Planning staff person responsible for the
proposal;
7. A statement advising that ADA access may be accommodated, upon receipt of a timely
request; and
Any other information required by statute.
D. Notice to Affected Agencies and Neighborhood Associations:
At least 10 days before the initial public hearing (Type III or IV) notice must be sent to
any City- recognized neighborhood association whose territory includes the subject
property.
2. At least 20 days before an initial public hearing (Type III & IV) or decision (Type II)
for applications requiring submittal of a Transportation Impact Analysis notification
shall be provided to the affected transportation facility and service providers (City,
County, and State).
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At least 20 days before an initial public hearing for a legislative decision (Type V)
notice shall be sent to affected governmental entities (special districts, County, and
State).
4. At least 20 days before an initial public hearing for a legislative decision (Type V) to
any affected recognized neighborhood associations and any party who has requested in
writing shall receive such notice.
4.101.15 Quasi - Judicial Hearing Process
A. Applicable Procedures: 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.
B. Scheduling: Once the Director determines that an application for a Type III or IV decision
is complete, the Director shall schedule a hearing before the Planning Commission or
Design Review Board, as applicable. If the Director has doubt about which type of
procedure is applicable to a particular application, the application shall be processed
pursuant to the procedure that provides the greater opportunity for public review. Once the
Director determines that an appeal of a Type II or Type III decision has been properly filed,
or that the City Council has called the decision up for review, the Director shall schedule a
hearing before the City Council.
C. Public Hearing Notice: Notice of the hearing shall be issued pursuant to this section
(Section 4.101.08).
D. Staff Report: The Director shall prepare a staff report on the application which lists the
applicable approval criteria, describes the application and the applicant's development
proposal, summarizes all relevant City department, agency and public comments, describes
all other pertinent facts as they relate to the application and the approval criteria, concludes
whether each of the approval criteria are met and makes a recommendation to approve,
approve with conditions, or deny the application.
E. Conduct of Quasi - Judicial Hearings: At the beginning of the public hearing at which any
quasi-judicial application or appeal is reviewed, a statement shall be made to those in
attendance that states that:
The applicable substantive criteria;
2. The hearing will proceed in the following general order: staff report, applicant's
presentation, testimony in favor of the application, testimony in opposition to the
application, rebuttal, record closes, deliberation and decision;
All testimony and evidence submitted, orally or in writing, must be directed toward the
applicable approval criteria. If any person believes that other criteria apply in addition
to those addressed in the staff report, those criteria must be identified and discussed on
the record. The decision -maker may reasonably limit oral presentations in length or
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content depending upon time constraints and to content that is relevant to applicable
approval criteria. Any party may submit written materials while the public record is
open;
4. Failure to raise an issue on the record accompanied by statements or evidence sufficient
to afford the City and all parties an opportunity to respond to the issue, will preclude
appeal on that issue to LUBA;
Failure of the applicant to raise constitutional or other issues relating to proposed
conditions of approval with sufficient specificity to allow the decision maker to respond
to the issue precludes an action for damages in Circuit Court; and
6. Any party wanting a continuance or to keep open the record must make that request
while the record is still open.
4.101.16 Requests of Continuance and to Keep the Record Open
A. The decision -maker may continue the hearing from time to time, to allow the submission of
additional information or for deliberation without additional information. Similarly, the
decision -maker may close the hearing, but keep the record open for the submission of
additional written material or other documents and exhibits.
B. Before the conclusion of the initial evidentiary hearing, any participant may request an
opportunity to present additional evidence. The decision -maker shall grant the request by
either continuing the hearing or allowing the record to remain open for at least seven days.
If the decision -maker grants a continuance:
a. The hearing shall be continued to a date, time and place at least seven days from
the date of the initial evidentiary hearing.
b. An opportunity shall be provided at the continued hearing for persons to present
and rebut new evidence, arguments or testimony.
c. If new written evidence is submitted at the continued hearing, any person may
request, before conclusion of the continued hearing, that the record be left open for
at least seven days to submit additional written evidence, arguments or testimony
for the purpose of responding to the new written evidence.
2. If the decision -maker holding the hearing leaves the record open:
a. The record shall be left open for at least seven days for additional written evidence,
arguments or testimony.
b. If new evidence is submitted during the period the record was left open, any
participant may file a written request for an opportunity to respond to the new
evidence and the decision -maker shall reopen the record.
If the decision -maker reopens a record to admit new evidence, arguments or testimony,
any person may raise new issues which relate to the new evidence, arguments,
testimony or criteria for decision - making which apply to the matter at issue.
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4. Any continuance or extension of the record granted shall be subject to the limitations of
the 120 -day rule.
Unless waived by the applicant, the decision -maker shall allow the applicant at least
seven days after the record is closed to allow other parties to submit final written
arguments, but not new evidence, in support of application.
C. The decision -maker may limit the factual and legal issues that may be addressed in any
continued hearing or open record period.
D. The City Council may call up a Planning Commission or Director's decision for review, and
shall consider;
The Planning Commission or Director's decision.
2. The applicant and other parties shall have an opportunity to present testimony,
arguments and evidence on all applicable criteria.
3. The City Council may limit the issues that it will allow.
4. The rights of participants to continuances or open records, applicable to the initial
public hearing, do not apply.
E. If the decision is appealed, the City Council shall consider:
The Planning Commission or Director's decision.
2. The applicant and other parties shall have an opportunity to present testimony,
arguments and evidence on all applicable criteria.
The presentation of testimony, arguments and evidence shall not be limited to issues
raised in a notice of appeal.
4. The rights of participants to continuances or open record persons applicable to initial
public hearings do not apply.
4.101.17 Types of Decisions
A. Type I Decisions (Administrative): Type I decisions do not require interpretation or the
exercise of policy or legal judgment in evaluating approval criteria. Because no discretion is
involved, Type I decisions do not qualify as a land use, or limited land use decision. The
decision - making process requires no notice to any parry other than the applicant. The
Director's decision is final and not appealable by any party through the City land use
process.
B. Type II Decisions (Quasi - Administrative): Type 11 decisions involve the exercise of limited
interpretation or exercise of policy or legislative judgment in evaluating approval criteria.
The Director's decision is appealable to the City Council with notice to the Planning
Commission, by any parry with standing (i.e., applicant and any person who was mailed a
notice of decision). The City Council then conducts a de novo public hearing. The City
Council decision is the City's final decision and is appealable to LUBA within 21 days after
it becomes final.
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C. Type III Decisions (Quasi - Judicial): Type III decisions involve significant discretion and
evaluation of subjective approval standards, yet are not required to be heard by the City
Council, except upon appeal. The process for these land use decisions is controlled by ORS
197.763. Notice of the application and the Planning Commission or Design Review Board
hearing is published and mailed to the applicant, recognized neighborhood associations and
property owners within 250 feet of the subject property.
D. Type IV Decisions (Quasi - Judicial): Type IV decisions involve the greatest amount of
discretion and evaluation of subjective approval standards and are directed at a closely
circumscribed factual circumstance or relatively small number of persons. Type IV
decisions must be heard by the City Council before a final decision can be rendered.
Included are small scale annexations, comprehensive plan map amendments, and zoning
map amendments. The process for these land use decisions is controlled by ORS 197.763.
E. Type V Legislative Decisions (Legislative): 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.
Large -scale annexations are included, as well as adopting or amending the Comprehensive
Plan or the Woodburn Development Ordinance. 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.
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4.102 Review, Interpretation and Enforcement
4.102.01
Appeals of Type II and III Decisions
4.102.02
Call -Up Review by the City Council: Type II and III Decisions
4.102.03
Enforcement
4.102.04
Expiration of a Development Decision
4.102.05
Extension of a Development Decision
4.102.06
Interpretation
4.102.07
Modification of Conditions
4.102.08
Performance Guarantees
4.102.09
Reapplication Limits
4.102.10
Revocation or Modification of a Previously Approved Permit
4.102.11
Transfer of Approval Right
4.102.01 Appeals of Tyne II and III Decisions
Appeals of any final decisions by the City must comply with the requirements of this section.
A. Standing to Appeal: The following rules prescribe who has the standing to appeal:
1. Type I (Administrative) Type I decisions by the Director are not appealable to any other
decision -maker within the City.
2. Type II (Quasi - Administrative). For Type II decisions, only those persons who are
adversely affected or aggrieved or who are entitled to notice have standing to appeal a
Director's decision.
3. Type III (Quasi-judicial). For Type III decisions, only those persons who participated
either orally or in writing, or who are adversely affected or aggrieved have standing to
appeal the decision of the Planning Commission or Design Review Board.
4. Type IV (Quasi - Judicial) Type IV decisions are appealable to the Land Use Board of
Appeals.
B. Notice of Intent to Appeal:
1. A notice of intent to appeal any Type II or Type III decision must be received in writing
by the Director within twelve (12) days from the date notice of the decision is mailed to
those entitled to notice. Late filing of any appeal shall be a jurisdictional defect and
will result in the automatic rejection of any appeal so filed.
2. The following must be included as part of the notice of appeal:
a. The Department's file number and date the decision to be appealed was rendered;
b. The name, mailing address and daytime telephone number for each appellant;
c. A statement of how each appellant has standing to appeal;
d. A statement of the grounds for the appeal; and
e. The appropriate appeal fee. Failure to include the appeal fee for the costs of appeal
and transcript fee within the appeal period is a jurisdictional defect and will result
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in an automatic rejection. If an appellant prevails at hearing or on appeal, the
transcript fee shall be refunded.
C. Notice of the Appeal Hearing: The Director shall issue notice of the appeal hearing to all
parties who signed in or participated, either orally or in writing, before the close of the
public record. Notice of the appeal hearing shall contain the following information:
The file number and date of the decision being appealed;
2. The time, date and location of the public hearing;
The name of the applicant, owner and appellant (if different);
4. The street address or other easily understood location of the subject property;
A description of the permit requested and the applicant's development proposal;
6. A brief summary of the decision being appealed and the grounds for appeal listed in the
notice of appeal;
7. A statement that the appeal hearing is confined to the issues raised in the notice of
appeal; and
A general explanation of the requirements for participation and the City's hearing
procedures.
4.102.02 Call -Up Review by the City Council: Type II and III Decisions
A. Authority: Whether or not an appeal is filed, the City Council may, by majority vote,
initiate a review of a Type II or III decision.
B. Procedures:
A summary of all Type II and III decisions shall be forwarded to the City Council as an
information item by the Director at the time the decision is mailed to the applicant.
2. Review under this Section shall be initiated before the adjournment of the first regular
City Council meeting, following the date the City Council receives notification of the
decision.
3. Review shall replace a filed appeal of the decision. The appellants of any appeal filed
before a City Council call for review, shall receive a full refund of the filing fee.
4. The City Recorder will set the hearing date for the City Council review, considering the
120 -day rule.
The notice, hearing and decision procedures for a City Council review shall follow the
provisions of the Woodburn Development Ordinance provided for appeals.
4.102.03 Enforcement
A. Inspection and Right of Entry: When necessary to investigate a suspected violation of the
Woodburn Development Ordinance, or an application for or revocation of any permit issued
under this ordinance, the Director may enter on any site or into any structure open to the
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public for the purpose of investigation, provided entry is done in accordance with law.
Without a search warrant, no site or structure that is closed to the public shall be entered
without the consent of the owner or occupant.
B. Abatement: Any use or structure established, operated, erected, moved, altered, enlarged,
painted, or maintained contrary to the Woodburn Development Ordinance is unlawful and a
public nuisance, and may be abated.
C. Civil Proceeding Initiated by City Attorney: The City Attorney, after obtaining
authorization from the City Council, may initiate a civil proceeding on behalf of the City to
enforce the provisions of the Woodburn Development Ordinance. This civil proceeding
may include, but is not limited to, injunction, mandamus, abatement, or other appropriate
proceedings to prevent, temporarily or permanently enjoin, abate, or set aside any use or
structure established, operated, erected, moved, altered, enlarged, painted or maintained
contrary to the Woodburn Development Ordinance, including revocation of all permits, to
prevent, enjoin, abate or remove the unlawful location, construction, maintenance, repair,
alteration or use.
D. Civil Infraction: In addition to, and not in lieu of any other enforcement mechanisms, a
violation of any provision of the Woodburn Development Ordinance constitutes a Class 1
Civil Infraction. Each violation is a separate infraction. Each violation of the Woodburn
Development Ordinance constitutes a separate Civil Infraction, and each day that a violation
of the WDO is committed or permitted to continue shall constitute a separate Civil
Infraction.
E. Remedies — Cumulative: The remedies provided for in this section are cumulative and not
mutually exclusive.
4.102.04 Expiration of a Development Decision
A. Decisions that do Not Expire: A final decision on a change to the comprehensive plan, the
zoning map, land use regulations or some component of these documents shall be
permanent.
B. Expiration Period: A final decision on any application shall expire within three years of the
date of the final decision unless:
A building permit to exercise the right granted by the decision has been issued;
2. The activity approved in the decision has commenced; or
A time extension, Section 4.102.05, has been approved.
C. New Application Required: Expiration of a final decision shall require a new application for
any use or development on the subject property that is not otherwise allowed outright.
D. Deferral of the Expiration Period Due to Appeals: If a final decision is appealed to a review
body beyond the jurisdiction of the City, the expiration period for the decision shall not
begin until review before LUBA and the appellate courts has been completed, including any
remand proceedings before the City. The expiration period provided for in this Section will
begin to run on the date of final disposition of the appeal.
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4.102.05 Extension of a Development Decision
The effective time period of a final decision may be extended for up to two years by the Director,
subject to a Type II application. The request shall be approved unless significant changes have
occurred to this ordinance or the use is no longer allowed as originally approved. In making a
decision to grant the extension, the Director shall consider if there is a need to modify the
decision or conditions of approval to meet standards in affect at the time of the extension request.
4.102.06 Interpretation
A. Interpretations, Generally
An ambiguous term in the Woodburn Development Ordinance may be interpreted in the
final decision of any Type II, III or IV application or by a request for a formal
interpretation by the City Council. A request for a formal interpretation may be
initiated by the Director when, in the administration of the Code, the Director deems it
appropriate that a question as to the intent of the Woodburn Development Ordinance be
formally rather than administratively resolved. Alternatively, any person, upon
application, may request a formal interpretation.
2. The purpose of a formal interpretation is to clarify the intent of the Woodburn
Development Ordinance and its application in particular circumstances. The Council
shall not, by interpretation, vary or modify any clear and unambiguous provisions of
this ordinance. Formal interpretations shall be processed as a Type IV application.
Formal interpretations made by the Council shall control future administration and
enforcement of the Woodburn Development Ordinance until vacated or superseded by
Council or incorporated as an amendment of the Woodburn Development Ordinance.
4. The Director shall keep a log of all formal interpretations.
B. Interpretation and Application of Code Language
The terms or words used in this Code shall be interpreted as follows where the context
demands: words in the present tense include the future; the singular number includes the
plural and the plural number includes the singular; the word "shall" is mandatory and
not discretionary; the word "may" is permissive; the term "should" is discretionary, the
masculine gender includes the feminine and neuter; the term "this Code" shall be
deemed to include the text of this Code, the accompanying zoning map and all
amendments made hereafter to either; the term "standard" indicates a mandatory
requirement; the term "guideline" indicates a norm that is accepted in the community
but which is not a mandatory requirement.
2. The Director shall have the initial authority and responsibility to interpret all terms,
provisions and requirements of this Code. The City Council shall have the final
authority to interpret all terms, provisions and requirements of this Code.
The Code shall be read literally. Regulations are not more or less strict than as stated.
4. Proposals for uses where the code is silent or where the rules of the Code do not provide
a basis for concluding that the use is allowed, are prohibited.
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Uses of land not expressly allowed or not incidental to a permitted or conditional use
are prohibited.
6. Where it is unclear whether or in what manner sections of this Code apply to a given
situation, or if terms or sections are ambiguous or vague, the following should be
applied as warranted under the circumstances:
a. Terms defined in Section 1.102 (Definitions) have specifically stated meanings
unless the context clearly requires otherwise.
b. Terms not defined in Section 1.102 (Definitions) shall have the meaning set forth in
the New Oxford American Dictionary, 2010 edition.
c. This Code shall be interpreted reasonably, reading questioned regulations in
relation to other sections such that an interpretation most fully effectuates the intent
and purpose of the regulations.
7. This Code shall be interpreted most favorably to provide all necessary authority to carry
out its purposes and provisions.
4.102.07 Modification of Conditions
Any request to modify a condition of approval is to be considered pursuant to the procedure and
the standards and criteria applicable to a new application of the type of permit or zone change
that is proposed to be amended, except that the modification of a condition limiting the use of
property may only be considered as a Type IV Zoning Map Change application.
4.102.08 Performance Guarantees
A. When an applicant has an obligation to construct or improve public facilities or to construct
improvements imposed as a condition of approval, the obligation shall be fulfilled prior to
the issuance of a building permit unless the City Administrator has granted a written waiver
of this requirement and the applicant has filed with the City Administrator a performance
guarantee. The performance guarantee shall state the nature of the obligation, the time in
which the obligation is to be met, identify the property subject to the obligation and contain
security in a form acceptable to the City Administrator and in an amount equal to 120
percent of the cost of fulfilling the obligation as estimated by the City Administrator for the
year in which fulfillment of the obligation is anticipated. A sufficient performance bond,
cash deposit or a letter of credit are considered acceptable forms of security. Return of the
security to the applicant shall be conditional upon the applicant fulfilling the obligation.
B. As an additional and separate part of the performance guarantee, the applicant shall agree to
maintain the public facility or improvement for a period of one year following acceptance by
the City Administrator, to include but not be limited to repair, replacement and all things
necessary to ensure its operational integrity.
C. The security shall be forfeited to the City if the applicant does not fulfill the requirements
stated in the performance guarantee and the City may use the security to complete the
obligation or any part of it. Until the obligation is completed, the security shall remain in
the custody of the City or shall be placed in an escrow account subject to City control.
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D. Upon receipt of written notice to the City Administrator that the public facility or required
improvement has been completed and is ready for final inspection and acceptance, the City
Administrator shall, with ten calendar days, make such inspection. If the City Administrator
finds the work to be acceptable, there shall promptly be issued a final certificate stating the
work has been completed and accepted.
E. If the City Administrator determines that an applicant has failed to fulfill the obligation to
complete the public facility or required improvement, written notice shall be given detailing
the failure and stating the City's intention to use the security given to complete the
obligation. If the City completes the obligation and the required security is not sufficient to
compensate the City for costs incurred, the excess amount due to the City, plus a ten percent
administrative charge, shall constitute a lien in favor of the City upon the real property
subject to the obligation.
F. The lien attaches upon entry in the City lien docket and the giving of notice of the claim for
the amount due for the completion of the obligation. The notice shall demand the amount
due, allege the insufficiency of the bond or other security to compensate the City fully for
the cost of the fulfillment of the obligation, and allege the applicant's failure to complete the
required obligation.
G. Once docketed, the lien may be foreclosed in the manner prescribed by ORS Chapter 223
for foreclosing liens on real property.
4.102.09 Reapplication Limited
If the application is denied or withdrawn following the close of the public hearing, no
reapplication for the same or substantially similar proposal may be made for one year following
the date of final decision denying a permit.
4.102.10 Revocation or Modification of a Previously Approved Permit
A. Authority to Revoke or Modify: The Planning Commission may initiate a proceeding to
revoke or modify a quasi-judicial permit if the Planning Commission determines there is a
substantial likelihood that any of the following conditions exists:
An applicant, or the applicant's successor in interest, fails to fully comply with one or
more conditions of permit approval, or otherwise does not comply fully with the City's
approval.
2. An applicant, or the applicant's successor in interest, failed to complete the work within
the time frame or in the manner approved without obtaining an extension of time or
modification of the permit from the granting authority.
The activities of the use, or the use itself, are substantially different or have
substantially increased in intensity from what was approved.
4. When the use is subject to the nonconforming use regulations, the applicant has not
obtained approval, or has substantially changed the use or substantially increased the
intensity of the use after the use became nonconforming.
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5. The applicant or the applicant's representatives either intentionally or unintentionally
committed a material misrepresentation of fact in the application or the evidence
submitted in support of the application.
6. For purposes of this Section, "material misrepresentation of fact" means a misstatement
of factual information that:
a. Was submitted by the applicant in support of the application;
b. Could have been corrected by the applicant at the time of application; and
c. Formed the sole basis for approval of the application pursuant to an applicable
approval criterion.
7. A "material misrepresentation of fact" does not include misstatements of fact made by
City staff or caused by failure of another party to appear or adequately testify.
B. Process for Revocation or Modification: Revocation or modification shall be processed as a
Type IV decision. The Director shall have the burden of proving, based on substantial
evidence in the whole record, that the applicant or the applicant's successor has in some way
violated the City's approval.
C. Possible Actions at the Revocation Hearing: Depending on the situation, the City may take
any of the actions described below. If the decision is to modify the permit, the City may not
approve a use that is more intense than originally approved, unless the possibility of this
change has been stated in the public notice. Uses or development which are alleged to have
not fulfilled conditions, violate conditions or to be inconsistent with the City's approval may
be subject to the following actions:
1. The City may find that the use or development is complying with the conditions of the
approval. In this case, the permit shall not be altered.
2. The City may modify the permit if it finds that the use or development does not fully
comply with the conditions of approval or otherwise does not comply with what was
approved, that the violations are not substantial enough to warrant revocation and that
the use can comply with the original approval criteria if certain conditions are met. In
this case, the City may modify the existing conditions, add new conditions to ensure
compliance with the approval criteria, or refer the case to the code compliance officer
for enforcement of the existing conditions.
3. The City may revoke a permit if it finds there are substantial violations of conditions or
failure to implement conditions of a permit, such that the original approval criteria for
the use or development are not being met.
D. Effect of Revocation: In the event permit approval is revoked, the use or development
becomes illegal. The use or development shall be terminated within thirty days of the date
that all appeals periods have been exhausted, unless the decision provides otherwise. In the
event the City Council's decision on a revocation request is appealed, the revocation action
shall be automatically stayed until the appeal is resolved.
4.102.11 Transfer of Approval Right
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Any final decision granted under this ordinance shall run with the land and shall transfer with
ownership of the land, unless otherwise specified in the decision. Any conditions, time limits or
other restrictions imposed with a decision shall bind all subsequent owners of the subject
property.
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5.101 Type I (Administrative) Decisions and Application
Requirements
5.101 General Requirements
A. The purpose of this section is to identify what types of actions are considered Type I
decisions and their respective review criteria. Type I decisions do not require interpretation
or the exercise of policy or legal judgment in evaluating approval criteria. The decision -
making process requires no notice to any party other than the applicant.
B. To initiate consideration of a Type I decision, a complete City application, accompanying
information, and a filing fee must be submitted to the Director. The Director will evaluate
the application as outlined in this section.
5.101.01 Access Permit to a City Street, excluding a Major or Minor Arterial Street
5.101.02 Design Review
5.101.03 Fence and Free Standing Wall
5.101.04 Grading Permit
5.101.05 Manufactured Dwelling Park, Final Plan Approval
5.101.06 Partition and Subdivision Final Plat Approval
5.101.07 Planned Unit Development (PUD), Final Plan Approval
5.101.08 Property Line Adjustment; Consolidation of Lots
5.101.09 Riparian Corridor and Wetlands Overlay District (RCWOD) Permit
5.101.10 Sign Permit
5.101.11 Significant Tree Removal Permit
5.101.12 Temporary Outdoor Marketing and Special Event Permit
5.101.01 Access Permit to a City Street, Excluding a Maior or Minor Arterial Street
A. Purpose: The purpose of this review is to ensure conformance to City street access
standards and this ordinance (Section 3.104) in circumstances where the access is not
subject to any other type of land use approval.
B. Criteria: The proposed access shall conform to the applicable standards of access to public
streets (Section 3.104).
C. Procedure: The Director shall review the access permit and determine conformance to City
standards.
5.101.02 Design Review, Type I
A. Purpose: The purpose of this review is to ensure all residential and non - residential buildings
comply with the standards found in the Land Use, Specified Use, and Development
Guidelines and Standards (Sections 2.1, 2.2 and 3.1) sections of this Ordinance.
B. Applicability: The Type I Design Review is applicable to the following:
1. Residential Buildings
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a. Single family dwellings, manufactured dwellings, or duplexes in residential zones
in an RS, R1 S and RM zone, except where subject to an architectural design review
process approved by the Planned Unit Development (PUD) (Section 3.109.02.E).
b. Exterior alterations to single family, manufactured dwellings, duplexes and multi-
family dwellings in an RS, R1 S and RM zone; except where subject to an
architectural design review process- approved by the Planned Unit Development
(PUD) (Section 3.109.02.E) or when;
1) The subject dwelling has a prior Type I design review approval; and
2) The alteration is subject to building permit approval.
c. Multi - family dwellings that comply with all standards found in the Land Use,
Specified Use, and Development Guidelines and Standards (Sections 2.1, 2.2, and
3.1) of this Ordinance.
2. Non Residential Buildings
a. New buildings 500 square feet or less in commercial zones or 1,000 square feet or
less in industrial zones.
b. Sites with existing buildings, expansions or new buildings that increase lot
coverage by 10% or less.
c. Change in use that increases required parking by 10% or less.
d. Facade changes or structural changes requiring a building permit.
e. Establishment of a use in a building vacant for 6 months or more.
C. Criteria: Applications are evaluated for compliance with the standards found in the Land
Use, Specified Use, and Development Guidelines and Standards (Sections 2.1, 2.2, and 3.1)
of this Ordinance.
D. Procedure: The Director shall review the application for compliance with the applicable
standards of this Ordinance.
5.101.03 Fence and Free - Standing Wall
A. Purpose: The purpose of this review is to ensure that fences and free - standing walls comply
with the locational and height standards found within the Specified Use Standards (Sections
2.201 and 2.202).
B. Criteria: Applications shall be reviewed for compliance with the locational and height
standards of this ordinance for fences and free - standing walls.
C. Procedure: The Director shall review the proposal fence and /or free - standing wall for
compliance to City regulations.
5.101.04 Grading Permit
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A. Purpose: The purpose of this review is to ensure that grading is in compliance with the
Woodburn Storm Management Plan, Woodburn Flood Plain Ordinance, Public Works
Department Construction Standards and Specifications, and the State Building Code.
B. Applicability: The requirement for a grading permit applies to any of the following
activities:
Any fill, removal, or grading of land identified within the boundaries of the regulatory
floodplain,
2. Any fill, removal, or grading of land identified within the Riparian Corridor and
Wetlands Overlay District (RCWOD),
Any fill, removal, or grading of land that requires a permit from the Oregon Department
of State Lands,
4. Any fill, removal, or grading of land area that equals or exceeds one acre, or
Any development activity required by the WDO to submit a grading plan or permit.
C. Criteria: Grading Permits shall be reviewed pursuant to the policies and standards of the
Woodburn Storm Management Plan, Woodburn Flood Plain Ordinance, Public Works
Construction Standards and Specifications and State Building Code, as applicable.
D. Procedure: The Director shall review the proposed grading plan to ensure compliance with
City and State requirements.
5.101.05 Manufactured Dwelling Park, Final Plan Approval
A. Purpose: The purpose of this review is to ensure substantial conformance of the final plan
and improvements with the conditions of the Manufactured Dwelling Park Preliminary
Approval, including compliance with applicable Oregon Administrative Rules.
B. Criteria:
The final plan shall be submitted within two years of date of the initial approval.
2. The final plan shall include all information required by the preliminary approval and
shall substantially conform to all conditions of the preliminary approval and applicable
Oregon Administrative Rules.
C. Procedures: The Director shall determine whether the final plan substantially conforms to
the preliminary approval, applicable State requirements, and City ordinances.
5.101.06 Partition and Subdivision Final Plat Approval
A. Purpose: The purpose of this review is to ensure that the final partition or subdivision plat
and associated public improvements are in substantial conformance with the conditions of
the preliminary partition or subdivision approval. The final plat shall be submitted within
two years of date of the initial approval and be in substantial conforms to all conditions of
the preliminary approval.
B. Criteria:
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1. That all public facilities required by the preliminary approval are designed to City
standards and either constructed and accepted by the City or covered by the
performance guarantee (Section 4.102.08).
2. A change in the circulation pattern, including the location or configuration of street
intersections;
3. An increase in the number of lots; or
4. Any other substantive change found by Director.
5. That the final plat is completes and accurate, surveyed and monumented in compliance
with State statutes.
C. Procedure: Upon determination that the final partition or subdivision plat conforms to all
standards and requirements, the Director shall sign the final plat.
1. If the Director determines that the final plat does not conform to the preliminary plat,
the applicant shall be advised of the reasons for the decision. The applicant shall have
30 calendar days to correct the plat. The final plat shall be recorded with Marion
County within 30 calendar days of the Director's signature.
2. Acceptance of the land dedicated to the public by means of a plat occurs upon the
recording of the plat.
With the recording of the final plat, the City is authorized to issue building permits for
the subject property.
5.101.07 Planned Unit Development (PUD), Final Plan & Design Plan Approval
A. Purpose: The purpose of this review is to ensure that the PUD Final Plan and Design Plan
are in substantial conformance with the conditions of the PUD Preliminary Plan and Final
PUD Design Plan approvals as required by this ordinance (Section 5.103.06).
B. Criteria:
The Director shall determine whether the PUD conforms to the preliminary approval,
applicable State requirements and City ordinances (Section 3.109).
2. Any modification that involves the following, shall not be in substantial conformance
with preliminary PUD approval:
a. A change in the circulation pattern, including the location or configuration of
streets and intersections;
b. A change in the location and /or housing type;
c. An increase in the number of lots, dwelling units or gross floor area of non-
residential uses;
d. An increase in density;
e. The deletion or addition of a use or facility;
f A change in the scale or character of common architectural design concepts
presented with the initially approved PUD design plan;
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g. Changes in the Homeowners Association agreement and /or Conditions, Covenants
and Restrictions (CC &R's) regarding provisions for management and maintenance
of common land and facilities; design review criteria and controls.
h. Any other substantive change found by the Director.
C. Procedure:
The Director shall determine whether the final plan conforms to the PUD Preliminary
Plan and Final PUD Design Plan approvals, including all conditions and other
applicable State statutes and City ordinances.
2. The Director shall determine that all public facilities are designed to City standards and
either constructed and accepted by the City or covered by the performance guarantee
(Section 4.102.08).
The Director shall approve the Final PUD Plan if it is in substantial conformance with
the requirements of this section.
a. The PUD, including the CC &R's, is in compliance with conditions of the initial
PUD approval.
b. The PUD final plat is complete and accurate and property surveyed and
monumented in compliance with State Statutes (ORS Chapter 92).
4. If the Director determines that the final plat does not conform, the applicant shall be
advised by written notice. The applicant shall have 30 calendar days to correct the plat.
The final plat and the CC &R's shall be recorded with Marion County within 30
calendar days of signature. Acceptance by the City of the land dedicated to the public
by means of a plat occurs upon the recording of the plat.
6. Building permits can be issued for the subject property upon recording of the final plat.
5.101.08 Property Line Adjustment; Consolidation of Lots
A. Purpose: The purpose of this review is to ensure that adjustments to property lines or the
consolidation of existing lots and parcels, complies with the standards of this ordinance
(Section 2. 1), and State Statutes (ORS Chapters 92 and 209). Property line adjustments and
consolidation of lots are allowed in all zones.
B. Criteria:
Lot area, depth, width, frontage, building setbacks, vehicular access and lot coverage
comply with the standards of this ordinance (Sections 2.2, 2.2, and 3.1);
2. Existing easements are accurately reflected;
Existing land use and development on the subject property comply with the
requirements of prior land use actions; and
4. Buildings and structures abutting the adjusted property lines comply with State building
codes and with respect to current occupancy.
Property line adjustments are surveyed and monumented to the requirements set forth in
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State statutes (ORS Chapters 92 and 209) and recorded by the County Surveyor.
C. Procedure: The Director shall review and approve the application when it is found that it
meets this ordinance and the State Building Codes.
5.101.09 Riparian Corridor and Wetlands Overlay District ( RCWOD) Permit
A. Purpose: The purpose of this review procedure is to ensure that all grading, excavation, fill,
and vegetation removal (other than perimeter mowing and other cutting necessary for hazard
prevention) within a delineated, significant wetland, complies with applicable City and State
standards and procedures, including those of ORS Chapter 196 and Chapter 227 and OAR
660 -023.
B. Criteria:
The applicable standards of this ordinance and the findings and action proposed by the
Division of State Lands; or
2. A finding, verified by the Division of State Lands, of error in delineation of the
RCWOD boundary.
C. Procedure: The Director shall review the permit and approve it upon a determination that it
meets the criteria of this ordinance.
5.101.10 Sign Permit
A. Purpose: The purpose of this review is to ensure that signs comply with standards found
within the Sign Standards (Section 3.11).
B. Criteria: Applications shall be reviewed for compliance with the sign standards of this
ordinance.
C. Procedure: The Director shall review proposal signs for compliance to City regulations.
5.101.11 Significant Tree Removal Permit
A. Purpose: The purpose of this review is to ensure that the removal of significant trees
complies with the provisions of this ordinance (Section 3.106.04).
B. Criteria: Applications shall be reviewed for compliance with this ordinance.
C. Procedure: The Director shall review and approve the proposal for compliance of this
ordinance.
5.101.12 Temporary Outdoor Marketing and Special Event Permit
A. Purpose: The purpose of this review is to ensure that temporary outdoor marketing or
special events conform to the standards of this ordinance (Section 2.203.19).
B. Criteria: Temporary Outdoor Marketing and Special Events shall conform to all standards
of this ordinance.
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C. Procedure: The Director shall review the application and shall approve a permit based on
compliance with this ordinance.
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5.102 Type II (Quasi- Administrative) Decisions and Application
Requirements
5.102 General Requirements
A. The purpose of this section is to identify what types of actions are considered Type 11
decisions. Type II Decisions involve the exercise of limited interpretation or exercise of
policy or legislative judgment in evaluating approval criteria. The Director evaluates the
request and issues a decision giving approval, approving with conditions, or denying the
application. The Director's decision is appealable to the City Council with notice to the
Planning Commission, by any parry with standing (i.e., applicant and any person who was
mailed a notice of decision). The City Council then conducts a public hearing. The City
Council's decision is the City's final decision and is appealable to LUBA (Land Use Board
of Appeals) within 21 days after it becomes final.
B. To initiate consideration of a Type 11 decision, a complete City application, accompanying
information, and a filing fee must be submitted to the Director. The Director will evaluate
the application as outlined in this section.
5.102.01 Access Permit to a City Major or Minor Arterial Street
5.102.02 Architectural Standard Substitution
5.102.03 Design Review, Type 11
5.102.04 Exception to Street Right of Way and Improvement Requirements
5.102.05 Partition, Preliminary Approval
5.102.06 Zoning Adjustment
5.102.01 Access Permit to a City Minor or Maior Arterial Street
A. Purpose: The purpose of a Type 11 Access Permit is to ensure conformance to City street
access standards and this ordinance (Section 3.104) in circumstances where the access to a
Minor or Major Arterial Street is not subject to any other type of land use approval.
B. Criteria: The application shall conform to the applicable standards and guidelines of this
ordinance.
5.102.02 Architectural Standard Substitution
A. Purpose: The purpose of a Type 11 Architectural Substitution Permit is to allow substitution
to the architectural standards found in this ordinance (Section 3.107). Substituted materials
or design need to meet the overall intent of this ordinance by providing for quality
construction, reflect custom design, and result in equal or greater design quality. A
maximum of three substitutions may be considered for each building covered by an
application for substitute standards.
Architectural standards set by statute (ORS 197.307 and 197.314) relating to siding and
roofs on manufactured homes are non - variable, and cannot be modified by a substitution.
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B. Criteria: The suitability of the substitute architectural standards shall be based on
consideration of how each substitute standard:
Incorporates design elements and materials that reflect a custom design;
2. Incorporates materials, that in substance and visual appeal, are of equal or greater
quality;
For residential development:
a. Reflects the character of the existing housing within the subject subdivision and /or
surrounding area within 250 feet of subject property;
b. Ensures that needed housing is not discouraged through unreasonable cost,
pursuant to ORS 197.307.
5.102.03 Design Review, Type 11
A. Purpose: The purpose of Type II design review is to ensure that new buildings or additions
to existing buildings comply with Land Use, Specified Use, and Development Guidelines
and Standards of this ordinance (Sections 2.1, 2.2, and 3.1).
B. Applicability: Type II Design Review is required for the following:
Non - residential structures 1,000 square feet or less in the RS, R1 S, RM, and P /SP
zones.
2. Structures 2,000 square feet or less than in the CO, CG, DDC, and NNC zones.
Structures 3,000 square feet or less in the IP, IL, and SWIR zones .
4. For sites with existing buildings in the CO, CG, DDC, NNC, IP, IL, and SWIR zones;
expansions or new buildings that increase lot coverage by more than 10% but less than
25 %.
Change of use that results in an increase in required parking of more than 10% but less
than 25 %.
6. Single family and duplexes in the NCOD zone, but excluding structures subject to Type
I review.
5.102.04 Exception to Street Right of Way and Improvement Requirements
A. Purpose: The purpose of a Type II Street Exception is to allow deviation from the street
standards required by this ordinance (Section 3.1) for the functional classification of streets
identified in the Woodburn Transportation System Plan. An exception for a development
reviewed as a Type I or II application shall be considered as a Type II application, while
development reviewed as a Type III application shall be considered a Type III application.
B. Criteria:
The estimated extent, on a quantitative basis, to which the rights -of -way and
improvements will be used by persons served by the building or development, and
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whether the use is for safety or convenience;
2. The estimated level, on a quantitative basis, of rights -of -way and improvements needed
to meet the estimated extent of use by persons served by the building or development;
The estimated impact, on a quantitative basis, of the building or development on the
public infrastructure system of which the rights -of -way and improvements will be a
part;
4. The estimated level, on a quantitative basis, of rights -of -way and improvements needed
to mitigate the estimated impact on the public infrastructure system.
C. Proportionate Reduction in Standards: An exception to reduce a street right -of -way or cross
section requirement below the functional classification standard may be approved when a
lesser standard is justified, based on the nature and extent of the impacts of the proposed
development. No exception may be granted from applicable construction specifications.
D. Minimum Standards: To ensure a safe and functional street with capacity to meet current
demands and to ensure safety for vehicles, bicyclists and pedestrians, as well as other forms
of non - vehicular traffic, there are minimum standards for rights -of -way and improvements
that must be provided to meet the standards of this ordinance (Section 3.101).
E. 5.102.05 Partition, Preliminary Approval
A. Purpose: The purpose of this Type II review is to ensure that partitions - the dividing of a
single lot into 3 or less lots within one calendar year - comply with this ordinance, with the
Land Use and Development Standards and Guidelines (Sections 2.1 and 3. 1), and applicable
Oregon State Statutes.
B. Criteria: Preliminary approval of a partition requires compliance with the following:
The preliminary partition complies with all applicable provisions of this ordinance.
2. Approval does not impede the future best use of the remainder of the property under the
same ownership or adversely affect the safe and efficient development of any adjoining
land.
The proposed partition is served with City streets, water, sewer and storm drainage
facilities with adequate capacity.
4. That the partition takes into account topography, vegetation and other natural features
of the site.
That adequate measures have been planned to alleviate identified hazards and
limitations to development:
a. For regulatory wetlands, these shall be the measures required by the Division of
State Lands.
b. For unstable areas, demonstration that streets and building sites are on geologically
stable soil considering the stress and loads to which the soil may be subjected.
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5.102.06 Zoning Adjustment
A. Purpose: The purpose of a Type II zoning adjustment is to allow minor variance to the
development standards of this ordinance, where strict adherence to these standards is
precluded by circumstances beyond the control of the applicant, and minor deviation from
the standards will not unreasonably affect existing or potential uses on adjacent properties.
B. Criteria: A zoning adjustment involves the balancing of competing and conflicting interests.
The following criteria will be considered in evaluating zoning adjustments.
The adjustment is necessary to prevent unnecessary hardship relating to the land or
structure. 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 same zone, including
but not limited to lot size, shape, and topography.
b. Whether the property can be reasonably used similar to other properties in the same
zone without the adjustment.
c. Whether the hardship was created by the applicant requesting the adjustment.
2. The zoning adjustment will not be materially injurious to adjacent properties or to the
use of the subject property. Factors to be considered in determining whether
development is not materially injurious include, but are not limited to:
a. Physical impacts such development will have because the adjustment, such as
visual, noise, traffic and drainage, erosion and landslide hazards.
b. If the adjustment concerns joint -use parking, the hours of operation for vehicle
parking shall not create a competing parking demand.
c. Minimal impacts occur as a result of the proposed adjustment.
The adjustment is the minimum deviation from the standard necessary to make
reasonable use of the property;
4. The adjustment does not in conflict with the Woodburn Comprehensive Plan.
C. Maximum Adjustment permitted:
Lot Area: Up to a 5 percent reduction in the minimum lot area.
2. Lot Coverage: Up to an increase of 5 percent in lot coverage.
Front Yard Setback or Setback Abutting a Street: Up to a 10 percent reduction of a
setback.
4. Side Yard Setback: Up to a 20 percent reduction in setback, but no less than a 5 foot
setback in a RS or R1 S zone or less than the requirements of the state building code,
whichever is more restrictive.
Rear Yard Setback: Up to a 20 percent reduction in setback, but no less than a 5 foot
setback, except in those zones permitting zero setbacks the minimum setback shall be
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either 5 feet or zero.
6. Lot Width: Up to a 10 percent reduction.
7. Lot Depth: Up to a 10 percent reduction.
8. Building/Fence Height: Up to a 10 percent increase in height.
9. Parking Standards: Up to a 5 percent reduction in required parking spaces except no
reduction in the number of handicapped vehicle parking spaces or in dimensional
standards.
10. Joint -Use Vehicle Parking: Up to 20 percent of the required vehicle parking may be
satisfied by joint use of the parking provided for another use.
11. Fences and Freestanding Walls: The location or height of a fence or free - standing wall,
excluding the adjustment of any such facilities within a clear vision area.
D. Prohibited Adjustments:
Adjustments to the number of permitted dwellings and to the use of property shall be
prohibited.
2. Standards established by Oregon Revised Statutes for manufactured homes and
manufactured home parks are non - variable.
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5.103 Type III (Quasi - Judicial) Decisions and Application
Requirements
5.103 General Requirements
A. The purpose of this section is to identify what types of actions are considered Type III
decisions. Type III decisions involve significant discretion and evaluation of subjective
approval standards, yet are not required to be heard by the City Council, except upon appeal.
The process for these land use decisions is controlled by ORS 197.763. Notice of the
application and the Planning Commission or Design Review Board hearing is published and
mailed to the applicant, recognized neighborhood associations and property owners. The
decision of the Planning Commission or Design Review Board is appealable to the City
Council. The City Council's decision is the City's final decision and is appealable to the
Land Use Board of Appeals.
B. To initiate consideration of a Type III decision, a complete City application, accompanying
information, and filing fee must be submitted to the Director. The Director will evaluate the
application as outlined in this section.
5.103.01 Conditional Use
5.103.02 Design Review, Type III
5.103.03 Exception to Street Right of Way and Improvement Requirements
5.103.04 Manufactured Dwelling Park, Preliminary Approval
5.103.05 Phasing Plan for a Subdivision, PUD, Manufactured Dwelling Park or any other
Land Use Permit
5.103.06 Planned Unit Development (PUD), Preliminary Plan Approval
5.103.07 Planned Unit Development (PUD), Design Plan Final Approval
5.103.08 Special Conditional Use - Historically or Architecturally Significant Building
5.103.09 Special Use as a Conditional Use
5.103.10 Subdivision Preliminary Approval
5.103.11 Telecommunications Facility, Specific Conditional Use
5.103.12 Variance
5.103.01 Conditional Use
A. Purpose: A conditional use is an activity which is permitted in a zone but which, because of
some characteristics, is not entirely compatible with other uses allowed in the zone, and
cannot be permitted outright. A public hearing is held by the Planning Commission and
conditions may be imposed to offset impacts and make the use as compatible as practical
with surrounding uses. Conditions can also be imposed to make the use conform to the
requirements of this ordinance and with other applicable criteria and standards. Conditions
that decrease the minimum standards of a development standard require variance approval.
B. Criteria:
1. The proposed use shall be permitted as a conditional use within the zoning district.
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2. The proposed use shall comply with the development standards of the zoning district.
The proposed use shall be compatible with the surrounding properties.
Relevant factors to be considered in determining whether the proposed use is
compatible include:
a. The suitability of the size, shape, location and topography of the site for the
proposed use;
b. The capacity of public water, sewerage, drainage, street and pedestrian facilities
serving the proposed use;
c. The impact of the proposed use on the quality of the living environment:
1)
Noise;
2)
Illumination;
3)
Hours of operation;
4)
Air quality;
5)
Aesthetics; and
6)
Vehicular traffic.
d. The conformance of the proposed use with applicable Comprehensive Plan
policies; and
e. The suitability of proposed conditions of approval to ensure compatibility of the
proposed use with other uses in the vicinity.
5.103.02 Design Review, Type III
A. Purpose: The purpose of Type III design review is to ensure that new buildings or additions
to existing buildings comply with Land Use, Specified Use, and Development Guidelines
and Standards of this Ordinance (Sections 2.1, 2.2, and 3.1).
B. Type III Design Review is required for the following:
Non - residential structures in residential zones greater than 1,000 square feet in the RS,
R1 S, RM, and P /SP zones
2. Multi - family dwellings not meeting all architectural design guidelines and standards
Structures greater than 2,000 square feet in the CO, CG, DDC, and NNC zones
4. Structures greater than 3,000 square feet in the IP, IL, and SWIR zones
For sites with existing buildings in the CO, CG, DDC, NNC, IP, IL, and SWIR zones;
expansions or new buildings that increase lot coverage by more 25 %.
6. Change of use that results in a greater than 25% increase in required parking.
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5.103.03 Exception to Street Right of Way and Improvement Requirements
A. Purpose. The purpose of a Type III Exception is to allow a deviation from the development
standard required for the functional classification of the street identified in the
Transportation System Plan. Street exceptions are processed in conjunction with a
development proposal that is a Type III application.
B. Criteria.
The estimated extent, on a quantitative basis, to which the rights of way and
improvements will be used by persons served by the building or development, whether
the use is for safety or convenience;
2. The estimated level, on a quantitative basis, of rights of way and improvements needed
to meet the estimated extent of use by persons served by the building or development;
The estimated impact, on a quantitative basis, of the building or development on the
public infrastructure system of which the rights of way and improvements will be a part;
and
4. The estimated level, on a quantitative basis, of rights of way and improvements needed
to mitigate the estimated impact on the public infrastructure system.
C. Proportionate Reduction in Standards
An exception to reduce a street right of way or cross section requirement below the
functional classification standard may be approved when a lesser standard is justified based
on the nature and extent of the impacts of the proposed development. No exception may be
granted from applicable construction specifications.
D. Minimum Standards.
To ensure a safe and functional street with capacity to meet current demands and to ensure
safety for vehicles, bicyclists and pedestrians, as well as other forms of non - vehicular traffic,
there are minimum standards for right of way and improvement that must be provided to
meet the standards of this ordinance (Section 3.101). Deviation from these minimum
standards may only be considered by a variance procedure.
5.103.04 Manufactured Dwelling Park, Preliminary Approval
A. Purpose: The purpose of this review is to ensure that proposed Manufactured Dwelling
Parks (MDP) comply with the standards of this ordinance (Sections 2.1, 2.2, and 3.1) and all
applicable state standards.
B. Criteria:
The proposed use shall be a special permitted use within the zoning district.
2. The proposed use shall comply with the applicable standards and criteria of this
ordinance (Sections 2.1, 2.2, and 3.1).
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5.103.05 Phasing Plan for a Subdivision, PUD, Manufactured Dwelling Park or any
other Land Use Permit
A. Purpose: The purpose of a Type III Phasing Permit is to allow phased construction of
development while meeting the standards of this ordinance (Sections 2.1, 2.2, and 3. 1),
while providing fully functional phases that develop in compliance with the tentative
approval for the development.
B. Criteria: The proposed phasing of development shall:
Ensure that individual phases will be properly coordinated with each other and can be
designed to meet City development standards; and
2. Ensure that the phases do not unreasonably impede future development of adjacent
undeveloped properties;
Ensure that access, circulation, and public utilities are sized for future development of
the remainder of the site and adjacent undeveloped sites.
5.103.06 Planned Unit Development (PUD), Preliminary Plan Approval
A. Purpose: The purpose of a Type III PUD Preliminary Plan Approval is to ensure that the
proposed development complies with all provisions of this ordinance. The PUD process is
intended to provide incentives for greater creativity and adaptability in development design
through a process that allows flexibility in the application of standards, while that the same
time meeting the overall intent of this ordinance (Sections 2.1, 2.2, and 3.1).
B. Criteria: Preliminary approval of a Planned Unit Development shall require compliance
with the following:
Preliminary Plan or Subdivision Plat
a. That approval does not impede the future best use of the remainder of the property
under the same ownership or adversely affect the safe and efficient development of
the remainder of any adjoining land or access thereto.
b. That the proposed development is served with city streets, water, sewer and storm
drainage facilities with adequate capacity.
c. That the plan for the development takes into account topography, vegetation and
other natural features of the site.
d. That adequate measures have been planned to alleviate identified hazards and
limitations to development:
1) For wetlands, these shall be the measures required by the Division of State
Lands for regulatory wetlands.
2) For unstable areas, these measures shall be documentation as approved by the
Public Works Department, ensuring that streets and building sites are on
geologically stable soil considering stress and loads.
e. If phased, that the development of the subdivision is balanced with the need for
urbanization within the Woodburn Urban Growth Boundary.
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f That the tentative plan complies with all applicable provisions of this ordinance.
5.103.07 Planned Unit Development (PUD), Design Plan Final Approval
A. Purpose: The purpose of this Type III review is ensure that the PUD Final Design Plan
provides sufficient detail to ensure compliance with the standards of this ordinance (Sections
2.1, 2.2, and 3.1) and that the design elements of development are consistent with the
preliminary approval for the PUD.
B. Criteria.
The Final PUD Design Plan shall substantially conform to the Preliminary PUD Design Plan
approval, including the conditions relating to:
Concurrent permit approvals regarding use, density, and designation of common areas;
2. Design parameters that establish the character of common areas and facilities;
Elements of the Homeowner agreement and CC &R's regarding:
a. Management and maintenance of common areas and facilities;
b. Design review guidelines and procedures for common and individually owned
buildings and structures; and
c. Covenants with the City regarding permanent conditions of development.
5.103.08 Special Conditional Use - Historically or Architecturally Significant Building
A. Purpose: The purpose of the Type III Special Conditional Use is to create a procedure that
allows consideration of the adaptive reuse of historically or architecturally significant
buildings in the RS and RM zones for more intensive use than permitted outright in the zone
in order to conserve the site or building resource. The procedure is intended to provide
appropriate opportunities for the maintenance and use of significant cultural resources,
including those designated on the National Register of Historic Places, having award -
winning design, or that are locally designated as a cultural resource, that would not
otherwise be economically practical, and where a zone change would be inappropriate.
B. Criteria:
The proposed use shall be permitted as a conditional use within the zoning district.
2. The proposed use shall comply with the development standards of the zoning district.
The proposed use shall be compatible with the surrounding properties.
Consideration: Relevant factors to be considered in determining whether the proposed
use is compatible include:
a. The suitability of the size, shape, location and topography of the site for the
proposed use;
b. The capacity of public water, sewerage, drainage, street and pedestrian facilities
serving the proposed use;
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c. The impact of the proposed use on the quality of the living environment, such as:
1)
Noise;
2)
Illumination;
3)
Hours of operation;
4)
Air quality;
5)
Aesthetics; and
6)
Vehicular traffic.
d. The conformance of the proposed use with applicable Comprehensive Plan
policies; and
e. The suitability of proposed conditions of approval to ensure compatibility of the
proposed use with other uses in the vicinity.
f The proposed use shall be compatible with the surrounding properties.
4. The specific standards and criteria of this ordinance (Section 2.204) shall be met.
5.103.09 Special Use as a Conditional Use
A. Purpose: The purpose of this Type III decision is to allow modification or elimination of
specific development standards required for Special Permitted Uses listed in this ordinance
(Section 2.203). Modification or elimination of specific development standards are
approved as a Conditional Use.
B. Criteria:
1. The proposed use shall be permitted as a Special Use within the zoning district.
2. The proposed use shall comply with the development standards of the zoning district.
3. The proposed use shall be compatible with the surrounding properties.
Considerations: Relevant factors to be considered in determining whether the proposed
use is compatible include:
a. The suitability of the size, shape, location and topography of the site for the
proposed use;
b. The capacity of public water, sewerage, drainage, street and pedestrian facilities
serving the proposed use;
c. The impact of the proposed use on the quality of the living environment, such as:
1) Noise;
2)
Illumination;
3)
Hours of operation;
4)
Air quality;
5)
Aesthetics; and
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6) Vehicular traffic.
d. The conformance of the proposed use with applicable Comprehensive Plan
policies; and
e. The suitability of appropriate standards of this ordinance and other proposed
conditions of approval to ensure compatibility of the proposed use with other uses
in the vicinity.
5.103.10 Subdivision Preliminary Approval
A. Purpose: The purpose of a Type III Subdivision decision is to ensure that the division of
properties into 4 or more lots complies with the standards of this ordinance (Sections 2.2,
2.3, and 3.1). Subdivisions are allowed in all zones, provided the proposal meets applicable
standards.
B. Criteria. Preliminary approval of a Subdivision shall require compliance with the following:
That approval does not impede the future best use of the remainder of the property
under the same ownership or adversely affect the safe and efficient development of the
remainder of any adjoining land or access thereto.
2. That the proposed development shall be served with city streets, water, sewer and storm
drainage facilities with adequate capacity.
That the plan for the development takes into account topography, vegetation and other
natural features of the site.
4. That adequate measures have been planned to alleviate identified hazards and
limitations to development:
a. For wetlands these shall be the measures required by the Division of State Lands
for regulatory wetlands.
b. For unstable areas, demonstration that streets and building sites are on geologically
stable soil considering the stress and loads.
The preliminary plat complies with all applicable provisions of this ordinance (Sections
2.1, 2.2, and 3. 1), except where waived by variance.
5.103.11 Telecommunications Facility, Specific Conditional Use
A. Purpose: The purpose of this Type III review is to provide a procedure to consider the siting
of telecommunication facilities subject to the standards of this ordinance (Sections 2.1, 2.2,
and 3.1).
B. Criteria:
The proposed use shall be listed as an allowed conditional use within the zoning district.
2. The proposed use shall comply with the development standards of the zoning district.
The proposed use shall be compatible with the surrounding properties.
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Relevant factors to be considered in determining whether the proposed use is
compatible include:
a. The suitability of the size, shape, location and topography of the site for the
proposed use;
b. The capacity of public water, sewerage, drainage, street and pedestrian facilities
serving the proposed use;
c. The impact of the proposed use on the quality of the living environment:
1)
Noise;
2)
Illumination;
3)
Hours of operation;
4)
Air quality;
5)
Aesthetics; and
6)
Vehicular traffic.
4. The conformance of the proposed use with applicable Comprehensive Plan policies; and
The suitability of proposed conditions of approval to ensure adequate public facilities
are available to serve the sits and compatibility with other uses in the vicinity.
6. The specific standards and criteria this ordinance (Section 2.204.03) shall be met.
5.103.12 Variance
A. Purpose: The purpose of this Type III Variance is to allow use of a property in a way that
would otherwise be prohibited by this ordinance. Uses not allowed in a particular zone are
not subject to the variance process. 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.
B. Criteria. A variance may be granted to allow a deviation from development standard of this
ordinance where the following criteria are met:
Strict adherence to the standards of this ordinance is not possible or imposes an
excessive burden on the property owner, and
2. Variance to the standards will not unreasonably impact existing or potential uses or
development on the subject property or adjacent properties.
C. Factors to Consider. A determination of whether the criteria are satisfied involves balancing
competing and conflicting interests. The factors that are listed below are not criteria and are
not intended to be an exclusive list and are used as a guide in determining whether the
criteria are met.
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 this
ordinance. Factors to consider in determining whether hardship exists, include:
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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 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.
Existing physical and natural systems, such as but not limited to traffic, drainage,
dramatic land forms or parks will not be adversely affected because of the variance.
4. The variance is the minimum deviation necessary to make reasonable economic use of
the property;
The variance does not conflict with the Woodburn Comprehensive Plan.
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5.104 Type IV (Quasi- Judicial) Decisions and Application
Requirements
5.104 General Requirements
A. The purpose of this section is to identify what types of actions are considered Type IV
decisions. Type IV decisions involve the greatest amount of discretion and require
evaluation of approval standards. These decisions are heard by the Planning Commission
and City Council. The process for these land use decisions is controlled by ORS 197.763.
Notice of the land use application and public hearing is published and mailed to the
applicant, recognized neighborhood associations and property owners. The City Council
decision is the City's final decision and is appealable to the Land Use Board of Appeals.
B. To initiate consideration of a Type IV decision, a complete city application, accompanying
information, and filing fee must be submitted to the Director. The Director will evaluate the
application as outlined in this section.
5.104.01 Annexation
5.104.02 Comprehensive Plan Map Change, Owner Initiated
5.104.03 Formal Interpretation of the Woodburn Development Ordinance
5.104.04 Zoning Map Change, Owner Initiated
5.104.01 Annexation
A. Purpose: The purpose of this Type IV review is to provide a procedure to incorporate
contiguous territory into the City in compliance with state requirements, Woodburn
Comprehensive Plan, and Woodburn Development Ordinance.
B. Mandatory Pre - Application Conference: Prior to requesting annexation to the City, a Pre -
Application Conference (Section 4.101.04) is required. This provides the city an
opportunity to understand the proposed annexation and an opportunity to provide
information on the likely impacts, limitations, requirements, approval standards, and other
information that may affect the proposal.
C. Criteria:
Compliance with applicable Woodburn Comprehensive Plan goals and policies
regarding annexation.
2. Territory to be annexed:
a. Shall be contiguous to the City; and
b. Shall either:
1) Link to planned public facilities with adequate capacity to serve existing and
future development of the property as indicated by the Woodburn
Comprehensive Plan; or
2) Guarantee that public facilities have adequate capacity to serve existing and
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future development of the property.
Annexations shall show a demonstrated community need for additional territory and
development based on the following considerations:
a. Lands designated for residential and community uses should demonstrate
substantial conformance to the following:
1)
The territory to be annexed should be contiguous to the City on two or more
sides;
2)
The territory to be annexed should not increase the inventory of buildable land
designated on the Comprehensive Plan as Low or Medium Density Residential
within the City to more than a 5 -year supply;
3)
The territory proposed for annexation should reflect the City's goals for
directing growth by using public facility capacity that has been funded by the
City's capital improvement program;
4)
The site is feasible for development and provides either:
a) Completion or extension of the arterial /collector street pattern as depicted
on the Woodburn Transportation System Plan; or
b) Connects existing stub streets, or other discontinuous streets, with another
public street.
5)
Annexed fulfills a substantial unmet community need, that has been identified
by the City Council after a public hearing. Examples of community needs
include park space and conservation of significant natural or historic resources.
b. Lands designated for commercial, industrial and other uses should demonstrate
substantial
conformance to the following criteria:
1)
The proposed use of the territory to be annexed shall be for industrial or other
uses providing employment opportunities;
2)
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 borne by the community for development;
3)
The proposed industrial or commercial use of the territory provides an
economic opportunity for the City to diversify its economy.
D. Procedures:
1. An annexation may be initiated by petition based on the written consent of:
a. The owners of more than half of the territory proposed for annexation and more
than half of the resident electors within the territory proposed to be annexed; or
b. One hundred percent of the owners and fifty percent of the electors within the
territory proposed to be annexed; or
c. A lesser number of property owners.
2. If an annexation is initiated by property owners of less that half of property to be
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annexed, after holding a public hearing and if the City Council approves the proposed
annexation, the City Council shall call for an election within the territory to be annexed.
Otherwise no election on a proposed annexation is required.
The City may initiate annexation of an island (ORS 222.750), with or without the
consent of the property owners or the resident electors. An island is an unincorporated
territory surrounded by the boundaries of the City. Initiation of such an action is at the
discretion of the City Council.
E. Zoning Designation for Annexed Property: All land annexed to the City shall be designated
consistent with the Woodburn Comprehensive Plan, unless an application to re- designate the
property is approved as part of the annexation process.
5.104.02 Comprehensive Plan Map Change, Owner Initiated
A. Purpose: The purpose of an Owner Initiated Comprehensive Map Change is to provide a
process for the consideration of a change in use designation on the Woodburn
Comprehensive Plan, initiated by the property owner.
B. Criteria: The applicant shall demonstrate the following:
Proof that the current Comprehensive Plan Map is in error, if applicable.
2. Substantial evidence showing how changes in the community warrant the proposed
change in the pattern and allocation of land use designations.
Substantial evidence showing how the proposed change in the land use designation
complies with:
a. Statewide Planning Goals and Oregon Administrative Rules;
b. Comprehensive Plan goals and policies; and
c. Sustains the balance of needed land uses within the Woodburn Urban Growth
Boundary.
4. Amendments to the comprehensive plan and land use standards which significantly
affect a transportation facility shall ensure that allowed land uses are consistent with the
function, capacity, and level of service of the facility identified in the Transportation
System Plan. This shall be accomplished by one of the following:
a. Limiting allowed land uses to be consistent with the planned function of the
transportation facility; or
b. Amending the Transportation System Plan to ensure that existing, improved, or
new transportation facilities are adequate to support the proposed land uses
consistent with the requirement of the Transportation Planning Rule; or,
c. Altering land use designations, densities, or design requirements to reduce demand
for automobile travel and meet travel needs through other modes of transportation.
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5.104.03 Formal Interpretation of the Woodburn Development Ordinance
A. Purpose: The purpose of a Type IV Interpretation is to provide a procedure for the City
Council to consider and to clarify an ambiguous element of the Woodburn Development
Ordinance.
B. Criteria: The appropriateness of the proposed interpretation shall be reviewed in light of the
following factors:
The consistency of the proposed interpretation with the intent of the Comprehensive
Plan, based on an evaluation of applicable goals and policies;
2. The compatibility of the interpretation with associated definitions, guidelines and
standards of the Woodburn Development Ordinance and applicable state statutes;
The positive and negative consequences of the interpretation on the subject property,
properties in the vicinity and its application throughout the City as a whole; and
4. The need for further consideration as either an amendment of this ordinance or the
consideration through the appropriate permitting review procedure
5.104.04 Zoning May Change, Owner Initiated
A. Purpose: The purpose of an Owner Initiated Zoning Map Change is to provide a procedure
to change the Zoning Map, in a manner consistent with the Woodburn Comprehensive Plan.
B. Criteria: The following criteria shall be considered in evaluating a Zoning Map Change;
Demonstrated need for the proposed use and the other permitted uses within the
proposed zoning designation.
2. Demonstrated need that the subject property best meets the need relative to other
properties in the existing developable land inventory already designated with the same
zone considering size, location, configuration, visibility and other significant attributes
of the subject property.
Demonstration that amendments which significantly affect transportation facilities
ensure that allowed land uses are consistent with the function, capacity, and level of
service of the facility identified in the Transportation System Plan. This shall be
accomplished by one of the following:
a. Limiting allowed land uses to be consistent with the planned function of the
transportation facility; or
b. Amending the Transportation System Plan to ensure that existing, improved, or
new transportation facilities are adequate to support the proposed land uses
consistent with the requirement of the Transportation Planning Rule; or,
c. Altering land use designations, densities, or design requirements to reduce demand
for automobile travel and meet travel needs through other modes of transportation.
C. Delineation: Upon approval, a zone change shall be delineated on the official zoning map
by the Director. A zone change subject to specific conditions shall be annotated on the
official zoning map to indicate that such conditions are attached to the designation.
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