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07-11-2011 AgendaCITY OF WOODBURN CITY COUNCIL AGENDA JULY 11, 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. Oregon Basset Hound Rescue, Inc. is proud to sponsor the Basset Games. The Basset Hound Games will be held at Legion Park on Sunday, July 17 from 10:30 am to 3:00 pm. Basset hounds from all around will participate in unique events including marathon napping, best howler, basset -child look - alike, and the ever - popular finale, synchronized swimming. Free for spectators, bassets & basset mixes $10 per dog. Vendors of food and basset - related items will be there as well. Appointments None. 4. COMMUNITY /GOVERNMENT ORGANIZATIONS A. Chamber of Commerce B. Woodburn School District C. Woodburn Unidos 5. PROCLAMATIONS /PRESENTATIONS Proclamations None. Presentations None. "Habra interhretes aisl)onibfes I)ara aqudfas jvrsonas que no �abfan Ing(es, I)revio amer6o. Comnnigfese a( (503) 98o- 2485... July 11, 2011 Council Agenda Page i 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. Woodburn City Council minutes of June 13, 2011 1 Recommended Action Approve the minutes. B. Woodburn City Council minutes of June 27, 2011 5 Recommended Action Approve the minutes. C. Woodburn Planning Commission minutes of May 26, 2011 9 Recommended Action Accept the minutes. D. Woodburn Planning Commission minutes of June 9, 2011 Recommended Action Accept the minutes. 9. TABLED BUSINESS A. Council Bill No. 2870 - 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 Recommended Action Leave on the table pending receipt of the agreement between the parties. 10. PUBLIC HEARINGS 13 A. Legislative Amendment 2011 -01, Amendments to Sections 1, 4, 15 and 5 of the Woodburn Development Ordinance Recommended Action Hold a public hearing on Sections 1, 4 & 5 of the Woodburn Development Ordinance and deliberate the proposed revisions. Direct staff to prepare an ordinance incorporating the revisions. July 11, 2011 Council Agenda Page ii 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. 2873 - An Ordinance Adopting Building 90 Division Fees for Inclusion in the Master Fee Schedule: Repealing all Building Fees and Charges that are Inconsistent with this Ordinance; and Setting an Effective Date Recommended Action Adopt the ordinance. B. Council of Governments Agreement for Ward Boundary 112 Adjustment Recommended Action Authorize the City Administrator to execute an agreement with the Mid - Willamette Valley Council of Governments to update Woodburn's Councilor Ward Boundaries, according to the established reapportionment criteria, and to develop boundary options in an amount not to exceed $6,000. C. Cancellation of August 22, 2011 Council Meeting 120 Recommended Action Cancel August 22, 201 1 meeting. 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. I2❑Me- 13. CITY ADMINISTRATOR'S REPORT 14. MAYOR AND COUNCIL REPORTS 15. ADJOURNMENT July 11, 2011 Council Agenda Page iii COUNCIL MEETING MINUTES JUNE 13, 2011 0:00 DATE COUNCIL CHAMBERS, CITY HALL, CIT Y OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 13, 2011. CONVENED The meeting convened at 7:00 p.m. with Mayor Figley presiding. ROLL CALL Mayor Figley Present Councilor Cox Present Councilor Lonergan Present Councilor McCallum Present Councilor Morris Present Councilor Pugh Present Councilor Schmidt Present Staff Present: City Administrator Derickson, City Attorney Shields, Public Works Director Brown, Economic & Community Development Director Hendryx, Community Services Director Row, Police Captain Alexander, Police Captain Garrett, Community Relations Coordinator Stowers, Acting Recorder Zastoupil. 0:01 ANNOUNCEMENTS A. Relay for Life is June 24 at Woodburn High School starting at 6:00pm. 0:02 APPOINTMENTS A. Mayor Figley recommended Ruby Wolfer, Leo Hillyer, and Cheryl Morris be appointed to the Interchange Aesthetics Citizen Advisory Committee. McCallum/Lonergan... approve the appointments as presented. Councilor Morris noted that Cheryl Morris is his wife, but because this is an advisory, not legislative, committee there is no conflict of interest. The motion passed unanimously. 0:03 COMMUNITY /GOVERNMENT REPORTS A. Woodburn Chamber of Commerce — Don Judson, Executive Director of the Woodburn Area Chamber of Commerce, provided an update on upcoming Chamber events. B. Woodburn School District — Superintendent David Bautista provided an update on Woodburn School District participation in State and Federal standardized testing. He also discussed grant awards for the district. C. Woodburn Downtown Unidos — Erubio Valladares, President of Woodburn Downtown Unidos provided an update on Unidos events and activities. 0:11 PROCLAMATIONS A. Relay for Life Page 1 - Council Meeting Minutes, June 13, 2011 COUNCIL MEETING MINUTES JUNE 13, 2011 0:15 CONSENT AGENDA A. Approve the Woodburn City Council minutes of May 23, 2011, B. approve the Woodburn Planning Commission Minutes of May 12, 2011, C. approve the Woodburn Recreation and Park Board Minutes of April 12, 2011, D. approve the Woodburn Recreation and Park Board Minutes of May 10, 2011 and E. accept the Building Activity report for May 2011. McCallum/Pugh... adopt the Consent Agenda. The motion passed unanimously. 0:18 PUBLIC HEARINGS A. CONSIDER THE CITY'S ELECTION AND QUALIFICATION TO RECEIVE THE STATE SHARED REVENUE Mayor Figley declared the hearing open at 7:17 pm for the purpose of hearing public input on the City's election to receive State shared revenue. Finance Director Palacios provided a staff report on the proposal. No members of the public wished to speak in either support or opposition of the acceptance of State shared revenue. Mayor Figley declared the hearing closed at 7:20 pm. B. CONSIDER THE CITY OF WOODBURN'S 2011 -12 BUDGET Mayor Figley declared the hearing open at 7:21 pm for the purpose of hearing public input on the City's Budget for 2011 -12. Finance Director Palacios provided a staff report on the approved City Budget for 2010 -11. Director reported on a change to the total appropriation in section 1 of the enabling resolution from $49,713.675 to $49,199,466. No members of the public wished to speak in either support or opposition of budget. Mayor Figley declared the hearing closed at 7:23 pm. 0:22 COUNCIL BILL NO. 2865 — AN ORDINANCE AMENDING ORDINANCE 2433 (THE MASTER FEE SCHEDULE) TO MODIFY THE ADMINISTRATIVE FEE IN CASES WHERE NUISANCE ABATEMENT IS COMPLETED BY THE CITY; AMENDING ORDINANCE 1998 (THE CIVIL INFRACTION ORDINANCE) TO CLARIFY THE SECTION RELATED TO SERVICE OF DOCUMENTS; AND DECLARING AN EMERGENCY McCallum introduced Council Bill 2865. Acting Recorder Zastoupil read the two readings of the bill by title only since there were no objections from the Council. Staff addressed questions regarding the Emergency declaration. City Attorney Shields also introduced a minor modification to paragraph two of the ordinance to improve clarity. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2865 duly passed. Page 2 - Council Meeting Minutes, June 13, 2011 2 COUNCIL MEETING MINUTES JUNE 13, 2011 0:29 COUNCIL BILL NO. 2866 — A RESOLUTION DECLARING THE CITY OF WOODBURN'S ELECTION TO RECEIVE STATE REVENUE SHARING. McCallum introduced Council Bill 2866. Acting Recorder Zastoupil read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2866 duly passed. 0:30 COUNCIL BILL NO. 2867 — A RESOLUTION CERTIFYING SERVICES FOR STATE REVENUE SHARING. McCallum introduced Council Bill 2867. Acting Recorder Zastoupil read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2867 duly passed. 0:30 COUNCIL BILL NO. 2868 — A RESOLUTION ADOPTING THE BUDGET AND CIP, MAKING APPROPRIATIONS, AND DECLARING AND CATEGORIZING TAXES FOR FISCAL YEAR 2011 -2012 McCallum introduced Council Bill 2868. Acting Recorder Zastoupil read the bill by title only since there were no objections from the Council. Cox/McCallum... amend section 1 of the resolution to change the total appropriation from $49,713,675 to $49,199,466. On roll call vote, the amendment passed unanimously. On roll call vote for final passage as amended, the bill passed unanimously. Mayor Figley declared Council Bill No. 2868 duly passed. 0:33 REIMBURSEMENT AGREEMENT FOR SERVICES, MATERIALS AND PROJECTS Schmidt/Lonergan... authorize the City Administrator to execute the reimbursement agreement between the Woodburn Urban Renewal Agency and the City of Woodburn for fiscal year 2011 -12. The motion passed unanimously. 0:35 REIMBURSEMENT AGREEMENT FOR SERVICES, MATERIALS AND PROJECTS Cox/Pugh... authorize the City Administrator to renew the management agreement with the Boys and Girls Club of Salem, Marion, & Polk Counties for fiscal year 2011 -12. The motion passed unanimously. 0:36 CITY ADMINISTRATOR'S REPORT A. Aquatic Center Open House and ribbon cutting will be Friday at 10:00am. B. Five Year Forecast has been issued. Page 3 - Council Meeting Minutes, June 13, 2011 I COUNCIL MEETING MINUTES JUNE 13, 2011 1:55 MAYOR AND COUNCIL REPORTS • Councilor Pugh commented on the success of the Teen Center program. • Councilor Lonergan commented on the ADA improvements on 2nd Street sidewalks. • Councilor McCallum thanked Council and staff for their participation in the Relay for Life. • Councilor Schmidt appreciates that the community garden was mowed. ADJOURNMENT Pugh/Lonergan... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 7:45 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Christina M. Shearer, Recorder City of Woodburn, Oregon Page 4 - Council Meeting Minutes, June 13, 2011 W COUNCIL MEETING MINUTES JUNE 27, 2011 0:00 DATE COUNCIL CHAMBERS, CITY HALL, CIT Y OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 27, 2011. CONVENED The meeting convened at 7:00 p.m. with Mayor Figley presiding. ROLL CALL Mayor Figley Present Councilor Cox Present Councilor Lonergan Present Councilor McCallum Present Councilor Morris Present Councilor Pugh Absent Councilor Schmidt Present Staff Present: City Administrator Derickson, City Attorney Shields, Economic & Community Development Director Hendryx, Police Chief Russell, Police Captain Alexander, Finance Director Palacios, Assistant City Engineer Lilj equist , Transit Manager Warner, Community Relations Coordinator Stowers, Recorder Shearer. 0:01 ANNOUNCEMENTS A. Independence Day Hours for City Offices & Facilities. B. Wave Broadband 4 th of July Celebration C. French Prairie Kiwanis Chuck Wagon Breakfast 0:02 COMMUNITY /GOVERNMENT REPORTS A. Woodburn Chamber of Commerce — Don Judson, Executive Director of the Woodburn Area Chamber of Commerce, provided an update on upcoming Chamber events. B. Woodburn School District — Superintendent David Bautista provided an update on the visit by the State Superintendent of Schools. 0:04 PROCLAMATIONS A. National Recreation and Parks Month 0:06 PRESENTATIONS A. 2011 Mary Tennant Award for Excellence in Public Service: Presented to Sergeant Jason Tlusty and Julie Moore. B. Transit Plan Update 0:30 CONSENT AGENDA A. Receive the Crime Statistics through May 2011. McCallum/Lonergan... adopt the Consent Agenda. The motion passed unanimously. Page 1 - Council Meeting Minutes, June 27, 2011 I COUNCIL MEETING MINUTES JUNE 27, 2011 0:30 PUBLIC HEARING EXEMPTING THE FIREARMS RANGE CONSTRUCTION CONTRACT FROM COMPETITIVE BIDDING REQUIREMENTS Mayor Figley declared the hearing open at 7:30 pm for the purpose of hearing public input on exempting the Firearms Range construction contract from competitive bidding requirements. Assistant City Engineer Liljequist provided a staff report on the proposal. No members of the public wished to speak in either support or opposition of the acceptance of State shared revenue. Council Discussed the project elements, including the orientation of the range relative to populated areas and City facilities. Council also discussed the budget for the project, which exhausts remaining funds from the voter approved bond funding. Council discussed alternative uses for some of the funds, with Councilor Cox favoring additional landscape remediation at the Police Department. No action was taken during the hearing. Mayor Figley declared the hearing closed at 8:25 pm. 1:24 COUNCIL BILL NO. 2869 — A RESOLUTION ADOPTING FINDINGS AND EXEMPTING THE FIREARMS RANGE CONSTRUCTION CONTRACT FROM THE REQUIREMENT OF COMPETITIVE BIDDING McCallum introduced Council Bill 2869. Recorder Shearer the bill by title only since there were no objections from the Council. Staff addressed further questions regarding the project and potential alternative uses of the funds. On roll call vote for final passage, the bill passed 4 -1, with Councilor Cox voting no. Mayor Figley declared Council Bill No. 2869 duly passed. 1:36 COUNCIL BILL NO. 2870 — 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. McCallum introduced Council Bill 2870. Recorder Shearer read the bill by title only since there were no objections from the Council. City Administrator Derickson reported that this resolution was placed on the agenda in anticipation of an agreement between Union Pacific and Wilbur Ellis. This agreement has not yet been signed by the parties. Therefore, staff is recommending this resolution be tabled. Cox/Lonergan... to table Council Bill No. 2870. Motion to table passed 4 -0 with Councilor Schmidt abstaining. Council Bill No. 2870 is tabled. Page 2 - Council Meeting Minutes, June 27, 2011 I COUNCIL MEETING MINUTES JUNE 27, 2011 1:40 COUNCIL BILL NO. 2871 — A RESOLUTION RENEWING AN AGREEMENT WITH THE MID - WILLAMETTE COUNCIL OF GOVERNMENTS TO ADMINISTER THE BUSINESS ASSISTANCE LOAN PROGRAM. McCallum introduced Council Bill 2871. Recorder Shearer read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2871 duly passed. 1:41 COUNCIL BILL NO. 2872 — A RESOLUTION APPROVING TRANSFERS OF FY 2010 -2011 APPROPRIATIONS AND APPROVING A SUPPLEMENTAL BUDGET McCallum introduced Council Bill 2872. Recorder Shearer read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2872 duly passed. 1:42 CITY COUNCIL FY2011 /13 GOALS The current version of the goals were distributed to Council. Council discussed the need to continue to adjust the goals and revisit them on a periodic basis. Cox/Morris... adopt City Council Goals, as presented by staff for 2011/13. The motion passed unanimously. 1:47 DISCUSSION: LEGISLATIVE AMENDMENT 2011 -01. AMENDMENTS TO SECTIONS IA AND 5 OF THE WOODBURN DEVELOPMENT ORDINANCE. Economic and Community Development Director Hendryx provided an overview of the proposed amendments to the Woodburn Development Ordinance. No action was recommended or taken for this agenda item. 2:11 CITY ADMINISTRATOR'S REPORT A. Nothing to report. 2:12 MAYOR AND COUNCIL REPORTS • Councilor Lonergan appreciated the most recently issued E- Blurb. • Councilor McCallum commented on the success of the Relay for Life. • Councilor Schmidt hopes that there will be a crackdown on illegal fireworks. • Councilor Schmidt would like a footbridge installed on the Mill Creek pathway near Hermiston St. • Councilor Cox reflected on the value of debate and appreciates the civility of the process • Councilor Morris commented on the success of the District 3 policing meeting Page 3 - Council Meeting Minutes, June 27, 2011 7 COUNCIL MEETING MINUTES JUNE 27, 2011 2:17 ADJOURNMENT Lonergan/McCallum... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:20 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Christina M. Shearer, Recorder City of Woodburn, Oregon Page 4 - Council Meeting Minutes, June 27, 2011 9 WOODBURN PLANNING COMMISSION WORKSHOWMEETING MINUTES May 26, 2011 CONVENED: The Planning Commission met in a workshop /meeting session at 6:30 p.m. in the City Hall Council Chambers, with Chair Jennings presiding. ROLL CALL: Chair Jennn s ; Present Vice -Chair `;Bandelow' Present Commissioner Corning ; Present Commissioner Grigonieff,; Absent Commissioner Piper Absent Commissioner, :Ellsworth Present Staff Present Jim Hendryx, Director of Economic and Development Services Vicki Musser, Administrative Assistant Chair Jennings opened the workshop /meeting at 6:30pm, and led the Commissioners in the flag salute. Minutes Commissioner Bandelow moved to accept the minutes of May 12, 2011. Commissioner Corning seconded the motion, and it was unanimously approved. Business from the Audience There was none. Communication There was none. Workshop — 99E Corridor Project The Planning Department received the Transportation Growth Management Grant last year, enabling Woodburn to take a look at the long -range future of 99E's land use and transportation over the next 20 years. The process is about halfway through. Three public business/ property owners meetings have been held, most recently on Tuesday, May 24 Three Citizen's Advisory Committee (CAC) meetings have taken place, and this is the second Planning Commission meeting /workshop dealing with the vision for Highway 99E. Frank Angelo, of Angelo Planning Group, introduced the five concepts that the team had come up with as possible solutions to problems on 99E, and requested feedback from the Commission. Planning Commission Meeting — May 26, 2011 Page 1 of 4 I Chan Jennings applauded the Angelo Group for their efforts so far. He feels that they have listened, taken previous feedback seriously and are now introducing concepts that incorporate those suggestions. During the first 99E workshop, the Angelo Group talked about existing conditions on 99E and offered a toolbox of possible solutions. Based on feedback from the last meeting, the Angelo Group came up with five concepts, or alternatives to existing 99E issues, which they discussed at the CAC and business /property owner meetings. The objective of this meeting is to discuss the advantages and disadvantages of each concept, narrowing the decision to 1 -2 alternatives which will then be brought back to the CAC, Planning Commission and Woodburn community. There can be a combination of alternatives from each concept. Details of Draft Corridor Design Concepts: Allison Wildman / John Bosket Allison Wildman and John Bosket gave an overview of each of the concepts and noted that the Highway 99E Corridor Project is a 20 -year plan for Highway 99E. The Corridor includes four (4) segments: a) Segment 1 - Carl Rd to Mt. Hood, b) Segment 2 - Mt. Hood to Lincoln St, c) Segment 3 - Lincoln St to Food Services of America (FSA) and, d) Segment 4 - FSA to the edge of the Urban Growth Boundary. Each of the segments has its own unique character. Concept 1: Extend Existing Improvements. This concept creates consistency & continuity throughout the corridor. Safety is improved by providing sidewalks for pedestrians, pedestrian crossings where needed, roadway improvements, and bike lanes. Segments 1 & 2 currently include an 85 ft. right -of -way and improvements. No further improvements are envisioned for these segments; Segment 3 is identified as having an 85 ft of right of way, with the same improvements as Segments 1 and 2, and Segment 4 continues utilizing one travel lane in each direction, with a center turn -lane, and curb -tight sidewalks on both sides where adjacent to the urban growth boundary. Segment 4 fits within the existing 80 ft. right -of -way. This concept also includes gateway features at Young Street and upon entering the corridor. Concept 2: Minimize Impacts. Concept #2 uses non - standard engineering to minimize private property impacts throughout the corridor, specifically south of Lincoln St. No further improvements are envisioned for Segments 1 and 2, while Segment 3 maintains the existing 80 ft. right -of -way. However, non - standard lane widths (11 ft vs. 12 ft lanes) are used to minimize impacts in the segment. Segment 4 continues the single travel lane in each direction, the center turn -lane, and curb -tight sidewalks on both sides where adjacent to the urban growth boundary. Segment 4 fits within the existing 80 ft. right of way. Concept #2 also includes gateway features at Young Street and upon entering the corridor. Concept 3: Young Street Node/Main Street Node. This concept enhances the primary gateway to the downtown area with a special land use designation and streetscape features, as well as signature development on Young Street and the Planning Commission Meeting — May 26, 2011 Page 2 of 4 10 intersection at 99E. Segments 1 and 2 currently include an 85 ft. right -of -way. No further improvements are envisioned for these segments. Segment 3 is identified by a 99 ft right -of -way with separated sidewalks and planter strips. Land use standards would be modified along Young St. and portions of 99E to allow mixed -use development. Segment 4 continues with the one travel lane in each direction, the center turn- lane, and separated sidewalks on both sides where adjacent to the urban growth boundary. Segment 4 fits within the existing 80 ft. right -of -way. This concept also includes gateway features at Young Street and upon entering the corridor. Concept 4: Main Street Neighborhood. This concept creates a new Main Street on Hwy 99E, linking residential neighborhoods on both sides of the highway. No further improvements are envisioned for Segments 1 and 2. Segment 3 would be narrowed to one travel line in each direction, with a center turn lane, widened sidewalks and planter strips, all within the existing 80 ft right of way. Segment 4 fits within the existing 80 ft. right of way and includes one travel lane in each direction, a center turn lane and separated sidewalks. This concept also includes gateway features at Young Street and upon entering the corridor. Segment 3 changes significantly under this concept and will cause a 15% congestion increase with slower travel times. Concept 5: Enhanced Corridor. This concept unifies the corridor by widening the right -of -way to enhance pedestrian safety. Segments 1, 2 & 3 are identified as having 99 ft of right -of -way, with separated sidewalks and street trees. Segment 4 continues with one travel lane in each direction, a center turn - lane, and a separated sidewalk on both sides where adjacent to the urban growth boundary. Segment 4 fits within the existing 80 ft. right -of -way. This concept also includes gateway features at Young Street and upon entering the corridor. These 5 concepts have elements that can be mixed and matched in various combinations. Public Comments: Marc Stout, who owns Barkley's at 894 N. Pacific Highway, voiced his concerns about any right -of -way increases. He feels that the corridor can be improved by better signage, fixing up derelict buildings, addressing painting issues and putting in sidewalks. He also noted that Woodburn needs a unifying theme. Rob Carney, Citizen's Advisory Committee (CAC) member, urged everyone to view the proposed 99E vision changes as occurring within a 20 year timeline. He feels that people should focus on having an overall concept for Woodburn's commercial environment. He was in favor of option #3 and /or option #4, and integrating those concepts with the wider street vision in option #5 over the next 20 years. Planning Commission Meeting — May 26, 2011 Page 3 of 4 11 Planning Commissioners' Comments: The Commissioners had some feedback in common: 1. Place utilities underground 2. Very limited pedestrian islands 3. Minor access management — sharing driveways, clearing up driveway openings 4. Improve access to residential areas just behind 99E on both sides of the corridor 5. Have Cleveland Street crossing the railroad tracks only once instead of twice Vice -Chair Bandelow chose Concept #3, with modifications, adding zone changes from Concept #4, so that commercial properties can expand by purchasing the residential properties behind them when they come up for sale. Commissioner Corning chose Concept #5, modified with a nodal development at Young St. and 99E. Commissioner Ellsworth liked Concept #2, modified with a nodal development at Young St. and 99E. She noted that expansion, such as discussed in Concept #5, could end up with blighted landscaping areas without a definite maintenance plan. Chair Jennings felt that there was something good in each of the 5 concepts, and is in favor of combining alternatives. At this point, he suggested looking at the overall concepts, but not worrying about the detailed engineering. Adjournment Commissioner Bandelow made a motion to adjourn the meeting. Commissioner Ellsworth seconded the motion, and the meeting was adjourned at 7:45pm. Next Meeting The next meeting of the Woodburn Planning Commission is scheduled for Thursday, June 9, 2011. The topic of discussion will be LA 2011 -01, comprised of Sections 1, 4 and 5 of the Woodburn Development Ordinance (WDO). t' 111_ 7 I APPROVED f° g6 .. } '`' C Richard Jennings, C IR Date ATTEST ,1✓`t ,.: �� . 1.1 ' James N P. Hendryx Date Economic & Development Services Director City of Woodburn, Oregon Planning Commission Meeting — May 26, 2011 Page 4 of 4 12 WOODBURN PLANNING COMMISSION WORKSHOP/MEETING MINUTES June 9, 2011 CONVENED: The Planning Commission met in a public meeting session at 7:00 p.m. in the City Hall Council Chambers, with Chair Jennings presiding. ROLL CALL Chair Jenriin s Present Vice -Chair Bandelow Present Commissioner Corning Present Commissioner Grigorieff Present Commissioner Piper Absent Commissioner Ells'wofth , Present Staff Present Jim Hendryx, Director of Economic and Development Services Don Dolenc, Associate Planner Jon Stuart, Assistant City Attorney Chair Jennings opened the workshop /meeting at 7:00pm, and Grigorieff led the Commissioners in the flag salute. Minutes Commissioner Ellsworth noted that she had attended the May 26, 2011 meeting, and asked that the minutes reflect that fact. Commissioner Corning moved to approve the minutes of May 26, 2011 as corrected. Commissioner Ellsworth seconded the motion, and it was unanimously approved. Business from the Audience There was none. Communication There was none. Workshop — WDO, Sections 1, 4 and 5 There was no discussion of Sections 4 and 5 of the WDO. Jim Hendryx, Director of Economic & Development Services continued his PowerPoint presentation of Section 1. The Planning Commission voted to eliminate the ORS references in 1.102. They were in agreement to keep the number of Commissioners constituting a quorum at 4 in 1.105.02.13.1. In addition, they agreed to alphabetize Section 1. Planning Commission Meeting — June 9, 2011 Page 1 of 2 13 The Commission requested training from Assistant City Attorney Jon Stuart on duties and ethics. Commissioner Bandelow suggested a joint training with the Silverton Planning Commission. The Commissioners unanimously passed a motion to forward Sections 1, 4 and 5 of the WDO to the City Council, after making the three changes noted above, with a recommendation of approval. Adjournment Commissioner Bandelow made a motion to adjourn the meeting. Commissioner Ellsworth seconded the motion, and the meeting was adjourned at 8:14pm. APPROVED l/ Rich rd Jennings, CHA Date ATTEST �.,��. f 1 �� Date . 7 1 1 ames N.P. Hendryx Economic & Development Services Director City of Woodburn, Oregon Planning Commission Meeting — June 9, 2011 Page 2 of 2 14 I oOBuR July 11, 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 Hold a public hearing on Sections 1, 4 & 5 of the Woodburn Development Ordinance and deliberate the proposed revisions. Direct staff to prepare an ordinance incorporating the revisions. 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 Sections 1, 4 & 5 to the City Council with a recommendation of approval. The City Council conducted a workshop on the June 27, 2011 in preparation of the July 11, 2011 public hearing. 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 Agenda Item Review: City Administrator _x City Attorney _x Finance 15 Honorable Mayor and City Council July 11, 2011 Page 2 - Reordered subsections alphabetically - Minor changes to text to improve readability - 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 ANALYSIS AND FINDINGS OF FACT Woodburn Comprehensive Plan Findings The Comprehensive Plan is a policy document that establishes the overall land use policy of the City. The policies and goals of the Comprehensive Plan are made specific and are implemented through subsidiary plans and ordinances, such as the Woodburn Development Ordinance. The specific provisions of the Development Ordinance must flow from and be consistent with the Comprehensive Plan - which itself must be consistent with statewide planning goals. The Woodburn Comprehensive Plan was originally adopted in 1978 and has been amended 8 times since then - most recently in 2005 - and has been acknowledged by the State of Oregon to be consistent with statewide planning goals. The Comprehensive Plan states on page 8: "Any comprehensive plan depends on implementation to accomplish the goals and policies established in the plan. Cities have amassed a battery of ordinances to accomplish this purpose. Some ordinances have been more successful than others and in time, no doubt, new methods and techniques will be developed. Implementation should be a continual review of existing ordinances to ensure that they are accomplishing the purposes for which they were originally designed. The City recognizes that over time many 16 Honorable Mayor and City Council July 11, 2011 Page 3 of the ordinances which are suggested in this plan will be amended and perhaps entirely replaced by new concepts.... The keystone of plan implementation is the Woodburn Development Ordinance (WDO). This WDO ensures that the location and design of various land uses and in some cases, the timing of those land uses, is in compliance with the Comprehensive Plan. The WDO ensures that incompatible uses do not occur, while allowing flexibility consistent with the purpose of the plan." The Comprehensive Plan states on pages 1 1 -12: "The success of the Woodburn Plan is directly related to establishing a method of receiving citizen input. While complex organizations, such as are required in larger cities, are not necessary in a City the size of Woodburn, clear lines of communication should be maintained between the Boards, Commissions, Council and staff of the City and the general public. It is essential that a two -way flow of communication be maintained for proper City government to occur, especially in land use matters. It is the policy of the City of Woodburn to solicit and encourage citizen input at all phases of the land use planning process. Since the City is trying to plan the community in accordance with the community's benefit, it is essential that the community be consulted at all stages of the planning process." The focus group of Woodburn residents appointed by the Mayor and City Council has reviewed the WDO and has suggested both specific changes and broad concerns to be addressed. The Planning Commission has conducted workshops, which were broadcast on the local community access channel. Conclusions The proposed revision is consistent with the Comprehensive Plan. The proposed expansion implements the policies articulated for the Woodburn Development Ordinance. The revision process has involved public input, as contemplated by the Comprehensive Plan and State planning goals. Woodburn Development Ordinance Findings Legislative amendments are Type V legislative decisions. The Development Ordinance addresses Type V decisions in Section 4.101.06.E, Decision Making Procedures. The Planning Commission holds an initial public hearing on the proposal and makes a recommendation to the City Council. The 17 Honorable Mayor and City Council July 11, 2011 Page 4 City Council then holds a de novo public hearing and makes the City's final decision. Conclusions The proposed amendment is a Type V legislative decision. The decision -maker is the City Council. Findings The Oregon Department of Land Conservation and Development was sent a Notice of Proposed Amendment, as required by statute. A Notice of Public Hearing, pursuant to State Ballot Measure 56, is not necessary for the proposed amendments. Notice was published in the Woodburn Independent. Conclusion The public hearing has been publicized. FINANCIAL IMPACT This decision is anticipated to impact the fees necessary to administer land use decisions. ATTACHMENTS A. WDO 1.101 Structure B. WDO 1.102 Definitions C. WDO 1.103 Zoning Map D. WDO 1.104 Nonconforming Uses and Development Standards E. WDO 1.105 Planning Commission F. WDO 1.106 Design Review Board G. WDO 4.101 Decision - making Procedures H. WDO 4.102 Review, Interpretation and Enforcement I. WDO 5.101 Type I Application Requirements J. WDO 5.102 Type II Application Requirements K. WDO 5.103 Type III Application Requirements L. WDO 5.104 Type IV Application Requirements 18 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 L \Community Development\Planning \ZZZZZ Council packet for June 27 \1.101 Clean 6- 15- 2011.docx Page 1 of 3 19 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. L \Community Development\Planning \ZZZZZ Council packet for June 27 \1.101 Clean 6- 15- 2011.docx Page 2 of 3 20 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. L \Community Development\Planning \ZZZZZ Council packet for June 27 \1.101 Clean 6- 15- 2011.docx Page 3 of 3 21 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. L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \1.102 Clean 4- 20- 2011.docx Page 1 of 13 22 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. L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \1.102 Clean 4- 20- 2011.docx Page 2 of 13 23 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: L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \1.102 Clean 4- 20- 2011.docx Page 3 of 13 24 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 L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \1.102 Clean 4- 20- 2011.docx Page 4 of 13 25 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, L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \1.102 Clean 4- 20- 2011.docx Page 5 of 13 26 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 L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \1.102 Clean 4- 20- 2011.docx Page 6 of 13 27 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. L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \1.102 Clean 4- 20- 2011.docx Page 7 of 13 28 1 2 3 4 5 6 7 1 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 1.10C 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 L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \1.102 Clean 4- 20- 2011.docx Page 8 of 13 29 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 L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \1.102 Clean 4- 20- 2011.docx Page 9 of 13 2 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 L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \1.102 Clean 4- 20- 2011.docx Page 10 of 13 31 "Park Space." 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. Street Figure 1.102D Setbacks and Yards Setback, Average: For any continuous wall "average setback" shall be as follows: 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 Set back standard Furthevt Average setback point Closest point Figure 1.102E Average setback for a straight wall L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \1.102 Clean 4- 20- 2011.docx Page 11 of 13 32 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 IAOF 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 L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \1.102 Clean 4- 20- 2011.docx Page 12 of 13 33 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. L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \1.102 Clean 4- 20- 2011.docx Page 13 of 13 2 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 Map 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 L\Community Development\Planning \ZZZZZ Council packet for June 27 \1.103 Clean 6- 15- 2011.docx Page 1 of 2 35 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 Map 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. L\Community Development\Planning \ZZZZZ Council packet for June 27 \1.103 Clean 6- 15- 2011.docx Page 2 of 2 91 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 L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \1.104 Clean 6- 3- 2011.docx Page 1 of 2 37 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. L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \1.104 Clean 6- 3- 2011.docx Page 2 of 2 2 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. 3. 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. L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \1.105 Clean 4- 22- 2011.docx Page 1 of 3 0 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 L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \1.105 Clean 4- 22- 2011.docx Page 2 of 3 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. L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \1.105 Clean 4- 22- 2011.docx Page 3 of 3 41 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. L\Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \1.106 Clean.docx Page 1 of 2 42 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. L\Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \1.106 Clean.docx Page 2 of 2 43 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. L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \4.101 Clean 4- 20- 2011.docx Page 1 of 13 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. L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \4.101 Clean 4- 20- 2011.docx Page 2 of 13 45 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 L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \4.101 Clean 4- 20- 2011.docx Page 3 of 13 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: L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \4.101 Clean 4- 20- 2011.docx Page 4 of 13 47 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 L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \4.101 Clean 4- 20- 2011.docx Page 5 of 13 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 L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \4.101 Clean 4- 20- 2011.docx Page 6 of 13 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 II: 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; L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \4.101 Clean 4- 20- 2011.docx Page 7 of 13 `il 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 L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \4.101 Clean 4- 20- 2011.docx Page 8 of 13 51 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). L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \4.101 Clean 4- 20- 2011.docx Page 9 of 13 52 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 L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \4.101 Clean 4- 20- 2011.docx Page 10 of 13 53 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. L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \4.101 Clean 4- 20- 2011.docx Page 11 of 13 a 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 party 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 party 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. L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \4.101 Clean 4- 20- 2011.docx Page 12 of 13 55 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. L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \4.101 Clean 4- 20- 2011.docx Page 13 of 13 `il 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 Type 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 L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \4.102 Clean 5- 13- 2011.docx Page 1 of 8 57 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 L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \4.102 Clean 5- 13- 2011.docx Page 2 of 8 91 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. L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \4.102 Clean 5- 13- 2011.docx Page 3 of 8 0 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. L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \4.102 Clean 5- 13- 2011.docx Page 4 of 8 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. L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \4.102 Clean 5- 13- 2011.docx Page 5 of 8 61 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. L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \4.102 Clean 5- 13- 2011.docx Page 6 of 8 62 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 Riaht L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \4.102 Clean 5- 13- 2011.docx Page 7 of 8 63 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. L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \4.102 Clean 5- 13- 2011.docx Page 8 of 8 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 L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \5.101 Clean 5- 13- 2011.docx Page 1 of 7 65 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 L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \5.101 Clean 5- 13- 2011.docx Page 2 of 7 .. 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: L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \5.101 Clean 5- 13- 2011.docx Page 3 of 7 67 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; L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \5.101 Clean 5- 13- 2011.docx Page 4 of 7 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 Adiustment; 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 L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \5.101 Clean 5- 13- 2011.docx Page 5 of 7 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. L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \5.101 Clean 5- 13- 2011.docx Page 6 of 7 70 C. Procedure: The Director shall review the application and shall approve a permit based on compliance with this ordinance. L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \5.101 Clean 5- 13- 2011.docx Page 7 of 7 71 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 party 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 II 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 Major Arterial Street A. Purpose: The purpose of a Type II 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 II 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. L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \5.102 Clean 5- 13- 2011.docx Page 1 of 5 72 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 II 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: 1. 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 L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \5.102 Clean 5- 13- 2011.docx Page 2 of 5 73 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; 3. 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. L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \5.102 Clean 5- 13- 2011.docx Page 3 of 5 74 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 L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \5.102 Clean 5- 13- 2011.docx Page 4 of 5 75 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. L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \5.102 Clean 5- 13- 2011.docx Page 5 of 5 76 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. L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \5.103 Clean 4- 20- 2011.docx Page 1 of 9 77 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. 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: 1. 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 3. 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 5. 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. L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \5.103 Clean 4- 20- 2011.docx Page 2 of 9 78 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). L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \5.103 Clean 4- 20- 2011.docx Page 3 of 9 79 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. L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \5.103 Clean 4- 20- 2011.docx Page 4 of 9 :1 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; L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \5.103 Clean 4- 20- 2011.docx Page 5 of 9 81 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 L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \5.103 Clean 4- 20- 2011.docx Page 6 of 9 82 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. L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \5.103 Clean 4- 20- 2011.docx Page 7 of 9 83 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: L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \5.103 Clean 4- 20- 2011.docx Page 8 of 9 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. L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \5.103 Clean 4- 20- 2011.docx Page 9 of 9 85 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 L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \5.104 Clean 5- 13- 2011.docx Page 1 of 4 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 L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \5.104 Clean 5- 13- 2011.docx Page 2 of 4 87 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. L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \5.104 Clean 5- 13- 2011.docx Page 3 of 4 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. L \Community Development\Planning \WDO Amendments 2009\Proposed amendments\Proposed clean \5.104 Clean 5- 13- 2011.docx Page 4 of 4 I oOBuR July 11, 2011 TO: Honorable Mayor and City Council through City Administrator and, Economic and Development Services Director FROM: Steve Krieg, Building Official SUBJECT: Building Division Proposed Fee Changes RECOMMENDATION After receiving public input, adopt the attached ordinance increasing building inspection fees, which will assist in the financial support for the operation of the Building Division. BACKGROUND The building inspection program is funded by fees for permits and plan reviews in accordance with the Oregon Revised Statutes (ORS). The ORS requires that fees collected by a municipality be used for the administration and enforcement of a building inspection program for which the municipality has assumed responsibility. Building inspection revenues are restricted in that they may only be expended on building related programs and services. During the recent downturn in construction activity, the Building Division has been operated through a reserve fund from collected permit and plan review fees. The Building Division Reserve Fund is approximately equal to one year's operating costs. Over the past three years, the Building Division Reserve Fund has been diminishing. With the slow recovery in construction permit activity and the economy, the Building Division has had to spend down its reserve fund (See Attachment "A "). Without a fee increase at current construction levels, the Building Division Reserve Fund is expected to be depleted sometime in mid to late 2011. Fees need to periodically be evaluated to determine cost recovery and needed adjustments. The last time Building Division fees were increased was July 2009. At that time the fees were increased between 5% and 35 %. The last fee schedule revision was intended to bring the City into compliance with the fee methodology adopted by the State of Oregon Building Codes Division. The Agenda Item Review: City Administrator _X City Attorney _X_ Finance _X_ Honorable Mayor and City Council July 11, 2011 Page 2 2009 fee increase improved building revenue, however it was in adequate to recover the Building Divisions' expenses. The proposed Uniform Fee Table will help recover the current costs of providing service and assist the Building Division to meet customers' needs. • Economic Downturn & Fee Goal The departmental goal is to obtain permit and plan review fees collected need to be set at an amount that allows the Building Division to recover the costs of operations including overhead. To help offset the downturn in the economy, the Building Division has cut operating costs by going from 3.3 FTE in fiscal year 2007 -08 to 1.3 FTE currently (See Attachment "A "). Typically with building fees, large commercial projects subsidize the cost of services for smaller construction projects. Likewise new home construction subsidizes the cost of services for smaller residential remodeling projects. Few large commercial projects or new single - family homes have been constructed over the past few years. Building activity continues to increase; however, it is dominated by small commercial and residential remodeling projects which have lower fees. The current permit activity is 20 percent above two years ago. Currently, Woodburn has low commercial and residential building permit fees compared to other jurisdictions (See Attachments" D", "E" and "F "). The Building Division proposes to increase the Uniform Fee Table. The permit fees would increase by approximately 15 to 50 percent. Residential mechanical permit fees would be increased by 25 to 38 percent. Some miscellaneous fees would stay the same and some would be increased less than 50 percent. The goal of the proposed fee increase is to increase the Building Division's revenue by approximately 50 percent overall. The plan review fees would increase from 65 to 85 percent for residential projects requiring plan review and from 65 to 100 percent for all other projects requiring plan review. • Notification The Building Division notified customers and the State Building Codes Division (BCD) of the proposed fee increase in May, 2011. The proposed fee increase has been on the BCD's web site since May 2011. BCD e- mailed the proposed fee increase to all interested parties (contractors, trade organizations and individuals). The City met with the Home Builders Association on June 6 to discuss the proposed fee increase. 91 Honorable Mayor and City Council July 11, 2011 Page 3 After listening to their concerns, the proposed residential fee increase was adjusted downward. With that modification we obtained their support for this proposed fee increase. We agreed to revisit the residential fees in one year's time. The Woodburn Building Division also mailed out individual notices of the proposed fee increase to approximately 80 contractors who have obtained permits with Woodburn in the last two years. Around a dozen contractors provided verbal comments regarding the proposed fee increase. Those comments were all supportive or neutral of the proposal. • Marion County Home Builder's Support The Home Builders Association supports the proposed fee increase (See Attachment "G "). DISCUSSION Fees need to periodically be evaluated to determine cost recovery and needed adjustments. The Building Division is recommending a new fee category for solar installations in accordance with the revised consistent form and fee methodology adopted by the State of Oregon Building Codes Division. This new fee would align Woodburn with other jurisdictions. This fee would help to offset the costs of providing this service. The cost -of- services have been evaluated. The Building Division is recommending this fee increase based on the construction activity and revenue received over the past two years to assist in covering its operating costs. The Building Division wants to position itself to be ready when the economy starts its upward trend so the Building Division will have the resources needed to meet the needs of their customers. A history of building permit activity is included for a comparison by permit type (See Attachment "C "). FINANCIAL IMPACT The fee increase will increase Building Fund revenue by an amount that will be determined by the volume and type of construction. ATTACHMENTS: A. Building Division Budget B. All Permit Fees, One - and Two - Family Dwelling Mechanical Fees and Miscellaneous 92 Honorable Mayor and City Council July 11, 2011 Page 4 C. Number of Permits Issued by Type D. Survey of Local Building Permit Fees E. Survey of Local Residential Mechanical Permit Fees F. Survey of Local Commercial Mechanical Permit Fees G. Home Builders Association Letter 93 Building Division Budget Revenue Total Ex ense Total FTE Revenue Fund 123 - 000 -3221 Expense Fund 123 - 521 -2241 FY 03 - 04 1 FY 04 - 05 1 FY 05 - 06 1 FY 06 - 07 1 FY 07 - 08 1 FY 08 - 09 1 FY 09 - 10 1 FY 10 - 11* FY 11 - 12** $ 288,651 1 $ 249,025 1 $ 321,188 1 $ 309,992 1 $ 265,833 1 $ 110,674 1 $ 158,236 $ 162,327 $ 168,366 $ 268,021 $ 299,727 $ 286,504 $ 319,764 $ 316,946 $ 262,141 $ 215,142 $ 258,509 $ 256,620 3.3 3.3 3.3 3.3 3.3 1.63 1.0 1.3 1.3 - tsurnmea - rroposea - tsurnwea -- rsuageea Attachment "A" Building Division Reserve Fund Building Division Reserve Fund Fiscal Year Comnarison Fiscal Year'1O -'11 Date Contingency Increase/ Decrease July 1, 2002 $ 304,995 $ July 1, 2003 $ 353,044 $ 48,049 July 1, 2004 $ 373,822 $ 20,778 July 1, 2005 $ 323,120 $ 50,702 July 1, 2006 $ 366,579 $ 43,459 July 1, 2007 $ 361,653 $ 4,926 July 1, 2008 $ 310,540 $ 51,113 Ju1, 2009 $ 159,073 $ 151,467 Jul, l 1, 2010 $ 88,406 $ 70,667 Jul 1, 2011* $ 7,776 $ 96,182 Jul 1, 2012 ** $ 96,030 $ 88,254 - tsurnwea * *Budgeted Date Contingency Increase/ Decrease July 31, 2010 $ 77,323 $ 11,083 August 31, 2010 $ 76,439 884) September 30, 2010 $ 70,409 6,030) October 31, 2010 $ 65,471 $ 4,938 November 30, 2010 $ 51,969 $ 13,502) December 31, 2010 $ 46,953 $ 5,016 ,January 31, 2011 $ 36,069 $ 10,884 28,2011 $ 36,887 $ 818 F r March 31, 2011 1 $ 56,040 $ 19,153 Comparison of FY 03 -04 to FY 11 -12 58 96 39 Page 1 of 1 City of Woodburn, Building Division Commercial, Industrial, Public, and Multi - Family Permit and Plan Review Fees (All Permits Except One -and Two - Family Building and Mechanical Permits) Effective August 99, 2011 Service Fee Notes (Additional Fees, Units, etc.) Building and Mechanical Plan Review Fees (includes fire suppression and fire alarm permits): Building and Mechanical Permit Valuations (includes fire suppression and fire alarm permits): $1.00 to $2000.00 $97.50 minimum permit fee. $2001.00 to $25,000.00 $97.50 for the first $2,000, plus $11.10 for each additional $100 minimum one hour, charged per hour. $1,000.00 or fraction thereof, to and including $100 minimum one hour, charged per hour. $25,000. $25,001.00 to $50,000.00 $352.50 for the first $25,000, plus $9.30 for each additional $1,000.00 or fraction thereof, to and including $50,000. $50,001.00 to $100,000.00 $585.00 for the first $50,000, plus $6.00 for each additional $1,000.00 or fraction thereof, to and including $100,000. $100,001.00 and up $885.00 for the first $100,000, plus $5.50 for each additional $1,000.00 or fraction thereof. Note 1: The mechanical valuation includes the cost of all equipment and installation costs. Note 2: The building valuation shall be the greater of the ICC Building Valuation Data Table current as of April 1 of each year or the valuation as provided by the applicant. Building and Mechanical Plan Review Fees (includes fire suppression and fire alarm permits): Plan Review (Building and Mechanical) 100% of permit fee. Plan Review (Fire- and Life - Safety) 65% of building permit fee. Additional Plan Review (required by changes, additions, or revisions to approved plans) $100 minimum one hour, charged per hour. Additional Plan Review (prior to permit approval, charged after the second plan review) $100 minimum one hour, charged per hour. (The fees listed above do not include the State of Oregon permit fee surcharge or the statewide code development, training, and monitoring fee for manufactured dwellings or the school district construction excise tax) Attachment "B" Page 1 of 5 95 City of Woodburn, Building Division One- and Two - Family Building Permit and Plan Review Fees Effective August 11, 2011 Service Fee Notes (Additional Fees, Units, etc.) One- and Two - Family Dwelling Building Permit Valuations: $1.00 to $2000.00 $67.00 minimum permit fee. $2001.00 to $25,000.00 $67.00 for the first $2,000, plus $7.62 for each additional Additional Plan Review $100 $1,000.00 or fraction thereof, to and including (required by changes, additions, or $25,000. $25,001.00 to $50,000.00 $242.00 for the first $25,000, plus $6.40 for each additional Additional Plan Review $100 $1,000.00 or fraction thereof, to and including (prior to permit approval, charged after the $50,000. $50,001.00 to $100,000.00 $402.00 for the first $50,000, plus $4.12 for each additional $1,000.00 or fraction thereof, to and including $100,000. $100,001.00 and up $608.00 for the first $100,000, plus $3.55 for each additional $1,000.00 or fraction thereof. Note 1: The building valuation for new construction and additions shall be based on the ICC Building Valuation Data Table current as of April 1 of each year. One -and Two - Family Dwelling Carport, Covered Porch, Patio, and Deck: The square footage of a carport, covered porch, patio, or deck shall be calculated separately at fifty (50) percent of the value of a private garage from the most current ICC Building Valuation Data table. One -and Two - Family Dwelling Addition, Alteration, and Repairs: Permit fees shall be calculated based on the fair market value as determined by the building official and then applying the valuation to the permit fee table. One -and Two - Family Dwelling Building Plan Review Fees: Plan Review (One- and Two - Family 85% of building permit fee. Dwelling) Additional Plan Review $100 minimum one hour, charged per hour. (required by changes, additions, or revisions to approved plans) Additional Plan Review $100 minimum one hour, charged per hour. (prior to permit approval, charged after the second plan review) (The fees listed above do not include the State of Oregon permit fee surcharge or the statewide code development, training, and monitoring fee for manufactured dwellings or the school district construction excise tax) Attachment "B" Page 2 of 5 96 City of Woodburn Building Division One- and Two- Family Dwelling Mechanical Fees (Includes Manufactured Homes) Effective August 99, 2011 ITEM Fee (per appliance /equipment) Heating & Cooling (includes relocation Gas Connections (unlimited number of connections) $25.00 Furnace including ductwork & vent (forced air) $25.00 Air Conditioner, Heat Pump, or Evaporative Cooler $25.00 Unit Heater (suspended, recessed wall, floor mounted) $25.00 Air Handling Unit $25.00 Fireplace / Insert / Stove / Log Lighter / Decorative Fireplace $25.00 Boiler (Gas Connection and Venting Only) $25.00 Venting (includes relocation) Range Hood $25.00 Bath Fan $25.00 Clothes Dryer Exhaust $25.00 Exhaust Fan $25.00 Water Heater Venting $25 Miscellaneous (includes relocation) Barbecue $25.00 Other Equipment or Appliance not Listed above $25.00 Minimum Permit Fee $90.00 (The fees listed above do not include the State of Oregon permit fee surcharge or the statewide code development, training, and monitoring fee for manufactured dwellings or the school district construction excise tax) Attachment "B" Page 3 of 5 97 City of Woodburn, Building Division Miscellaneous Fees Effective August 11, 2011 Attachment "B" Page 4 of 5 Specialty Program Fees: Deferred Submittals (Plan Review) 100% of permit fee calculated using the value of the deferred portion of the project, with a minimum fee of $300.00. This fee is in addition to the building or mechanical permit fee. A separate fee is assessed for each deferred submittal of the project. Phased Permits (Plan Review) 20% of building permit fee calculated using the value of the entire project, plus $300.00 up to a maximum fee of $1,500.00. This fee is in addition to the permit fee. A separate fee is assessed for each phase of the project. Master Plan Review Fee 100% of building permit fee for first plan and 45% of building permit fee for each separate review of same construction plan. Administrative Fee for Processing State of Oregon Master Plans or Plans Reviewed by a Third Party Plans Examiner 10% of building permit fee with a minimum fee of $200.00 Expedited Plan Review $150.00 charged per hour, in addition to the calculated plan review fee. Inspection Fees: Inspections Outside Normal Hours $150 charged per hour (minimum 2 hours). Re- Inspections (for which no fee specifically indicated) $100 charged per hour (minimum 1 hour). Inspections (for which no fee specifically indicated) $100 charged per hour (minimum 1 hour). Other Fees: of permit fee, fee is in addition to the permit fee with a minimum fee of $300.00. Issued for 30 days, $100 for each 30 day reissue. Investigation Fee Temporary Certificate of Occupancy 150% $300.00 Change of Occupancy $100.00 charged per hour, minimum fee of two hours. Stand Alone Residential Sprinkler System Fees: Square Footage Fee 0 to 2,000 square feet $450.00 2,001 to 3,600 square feet $600.00 3,601 to 7,200 square feet $750.00 7,200 square feet and above $900.00 Attachment "B" Page 4 of 5 City of Woodburn, Building Division Miscellaneous Fees Effective August 11, 2011 (The fees listed above do not include the State of Oregon permit fee surcharge or the statewide code development, training, and monitoring fee for manufactured dwellings or the school district construction excise tax) Attachment "B" Page 5 of 5 99 Manufactured Dwelling and Cabana Installation Permits: A single fee is charged for the set -up of manufactured homes. This single fee includes the concrete slab, runners, or foundations when they comply with the prescriptive requirements of the Oregon Manufactured Dwelling standard, electrical feeder and plumbing connections, and all cross -over connections. Decks, other accessory structures, and foundations that do not comply with the prescriptive requirements of the Oregon Manufactured Dwelling and Park Specialty Code, utility connections beyond 30 lineal feet, new electrical services or additional branch circuits, new plumbing, and other such items that fall under the building code require separate permits. Installation Permit $370.00 Earthquake- and wind - resistant bracing $130.00 systems Reinspections $130.00 Camp and Park Permits: The fees for each permit issued for the construction, addition, or alteration of a manufactured dwelling park, recreational vehicle park, or organizational camp developed shall be calculated using the valuation of the work and the most recently adopted commercial building permit valuation table. Plan Review 100% of permit fee. Excavation and Grading Permits: The fee for an excavation and grading permit shall be calculated using the valuation of the work and the most recently adopted commercial building permit valuation table. Plan Review 100% of permit fee. Demolition Permits: _ The fee for a demolition permit shall be calculated using the valuation of the work and the most recently adopted building permit valuation table. Plan Review 100% of permit fee. Residential Roof -Top Solar System Fees: Fee Prescriptive system $300.00 Flat fee, includes one inspection. Engineered system Building Permit Fee is based on the valuation using the residential building permit valuation table. Building Permit Fee 100% of permit fee calculated using the valuation of the project, with a minimum fee of $300.00. of permit fee for plan review. Plan Review Fee 100% (The fees listed above do not include the State of Oregon permit fee surcharge or the statewide code development, training, and monitoring fee for manufactured dwellings or the school district construction excise tax) Attachment "B" Page 5 of 5 99 City of Woodburn Building Division Number of Permits Issued by Type Commercial and industrial permits are not tracked by new or significant rehabs, only by numbers. Attachment "C if-11M. iki �FRaZc�i�Z�yfil Page 1 of 1 MU FY 1998 -1999 1 FY 1999 -2000 FY 2000 -2001 FY 2001 -2002 FY 2002 -2003 FY 2003 -2004 FY 2004 -2005 New Residence 1191 210 100 148 122 141 89 Multi - Family 3 0 0 134 0 0 0 Assisted Living Facilities 0 0 0 210 0 1 0 Residential Adds & Alts 52 30 22 81 38 55 50 Industrial 2 0 0 0 2 1 0 Commercial 22 4 7 61 66 114 130 Signs and Fences 47 73 41 30 28 39 54 Manufactured Homes 27 9 4 15 5 17 15 Totalsl 2721 3261 1741 6791 2611 368 338 Commercial and industrial permits are not tracked by new or significant rehabs, only by numbers. Attachment "C if-11M. iki �FRaZc�i�Z�yfil Page 1 of 1 MU FY 2005 -2006 FY 2006 -2007 FY 2007 -2008 FY 2008 -2009 FY 2009 -2010 FY 2010 -2011' New Residence 96 63 73 10 7 1 Multi - Family 3 20 21 11 0 0 Assisted Living Facilities 0 0 0 0 1 0 Residential Adds & Alts 44 60 45 43 35 19 Industrial 0 1 4 10 7 14 Commercial 100 122 76 80 137 101 Signs and Fences 31 17 6 2 3 4 Manufactured Homes 9 15 11 8 3 0 Totals 283 298 236 164 193 139 Commercial and industrial permits are not tracked by new or significant rehabs, only by numbers. Attachment "C if-11M. iki �FRaZc�i�Z�yfil Page 1 of 1 MU Survey of Local BUILDING Permit Fees Created: April 2011 Revised: June 2011 This is Not a comparison of SDC's, Plumbing, Mechanical, Electrical, Land Use or other fees - ONLY BUILDING PERMIT FEES. Many of the agencies surveyed are currently reviewing their programs and may propose increases. NOTE: THIS IS FOR COMPARISON PURPOSES ONLY, CONTACT JURISDICTIONS FOR ACCURATE NUMBERS. Valuation & Fee $1 -500 $2,000 $25,000 $50,000 $100,000 $250,000 First $100K Plus /$1000 Newberg 21.50 42.25 221.90 368.15 563.15 1,050.65 563.15 3.25 Silverton 42.50 221.90 368.15 563.15 1,050.65 563.15 3.25 Woodburn (Currently) 65.00 235.00 390.00 590.00 1,107.50 590.00 3.45 Woodburn (Proposed Residential Fee) 67.00 242.00 402.00 608.00 1,140.50 608.00 3.55 Marion County 60.00 244.00 400.25 637.75 1,230.25 637.75 3.95 Wilsonville ** 48.20 86.30 319.75 509.75 763.75 1,399.75 763.75 4.24 Oregon City 40.00 72.19 328.13 536.25 811.88 1,656.38 811.88 5.63 Milwaukie (Proposing a fee increase) 75.00 327.52 542.02 830.52 1,562.52 830.52 4.88 Tigard* 66.25 330.29 549.04 861.54 1,530.54 861.54 4.46 Albany** 75.00 330.00 540.00 863.00 1,583.00 863.00 4.80 Woodburn (Proposed Commercial Fee) 97.50 352.50 585.00 885.00 1,662.00 885.00 5.18 Forest Grove 22.50 63.00 325.00 580.00 879.00 1,629.00 879.00 5.00 Beaverton ** 76.85 122.60 404.35 634.35 961.85 1,689.35 961.85 4.85 Canby 88.00 374.00 624.00 974.00 1,874.00 974.00 6.00 West Linn 100.00 406.00 672.00 1,029.00 1,779.00 1,029.00 5.00 Average of Fees 41.81 74.84 310.82 513.40 788.11 1,463.01 788.11 4.50 `Additional fee schedule for $500K and above in value .. Multiple Fee Schedules Attachment "D" MIT Survey of Local RESIDENTIAL MECHANICAL Permit Fees Created: April 2011 This is Not a comparison of SDC's, Plumbing, Building, Electrical, Land Use or other fees - ONLY MECHANICAL PERMIT FEES. Many of the agencies surveyed are currently reviewing their programs and may propose increases. NOTE: THIS IS FOR COMPARISON PURPOSES ONLY, CONTACT JURISDICTIONS FOR ACCURATE NUMBERS. Minimum Fee per Piece of Maximum Fee per Piece Residential Mechanical Permits Minimum Permit Fee Equipment of Equipment McMinnville 25.50 6.25 24.25 Corvallis 40.00 20.00 30.00 Wilsonville 44.60 9.20 23.05 Oregon City 52.25 8.00 20.00 Newberg 60.00 9.54 84.75 Milwaukie 60.00 18.50 47.00 Sweet Home 65.00 15.00 40.00 Salem 65.00 20.00 20.00 Woodburn (Currently) 65.00 20.00 20.00 Marion County 67.25 10.25 20.75 The Building Department 69.00 14.00 35.00 Albany 72.00 10.00 30.00 Dallas* 75.00 7.12 51.66 Benton County 80.00 20.00 30.00 Canby 88.00 21.00 51.00 Tigard 90.00 23.32 61.06 Woodburn (Proposed) 90.00 25.00 25.00 Beaverton 92.10 22.00 57.60 West Linn 100.00 19.00 31.00 Average of Fees 68.46 15.69 36.95 'Proposed fee, jurisdiction is going through a fee increase Attachment "E" 102 Survey of Local COMMERCIAL MECHANICAL Permit Fees Created: April 2011 This is Not a comparison of SDC's, Plumbing, Building, Electrical, Land Use or other fees - ONLY MECHANICAL PERMIT FEES Many of the agencies surveyed are currently reviewing their programs and may propose increases. NOTE: THIS IS FOR COMPARISON PURPOSES ONLY, CONTACT JURISDICTIONS FOR ACCURATE NUMBERS. `Proposed fee, jurisdiction is going through a fee increase "Additional fee schedule for $500K and above in value Attachment "F" 103 Minimum Permit Commercial Mechanical Permits Fee $2,500 $25,000 $50,000 First $100K Plus /$1000 Plan Review Wilsonville - 61.55 61.55 140.25 260.65 432.65 1.54 25% Woodburn (Currently) 65.00 72.40 235.00 390.00 590.00 3.45 65% Benton County 80.00 113.45 282.85 426.60 616.60 3.00 50% Marion County 67.25 78.25 318.00 543.00 843.00 4.00 20% Salem 65.00 65.00 318.00 543.00 843.00 4.00 25% Sweet Home 65.00 65.00 318.00 543.00 843.00 4.00 25% Albany 75.00 86.10 330.00 540.00 863.00 4.80 35% Woodburn (Proposed) 97.50 108.60 352.50 585.00 885.00 5.18 100% McMinnville 40.00 64.00 289.00 514.00 914.00 5.00 25% West Linn 100.00 100.00 406.00 672.00 1,029.00 5.00 65% The Building Department 70.00 70.00 320.00 570.00 1,070.00 7.00 25% Milwaukie 60.00 60.00 303.00 565.50 1,090.00 7.25 25% Dallas* 75.00 75.00 264.00 464.00 1,164.00 6.00 25% Oregon City 52.25 52.25 359.10 626.60 1,166.00 5.10 25% Newberg 72.50 84.00 434.00 771.50 1,396.45 11.00 25% Corvallis 72.50 84.00 434.00 771.50 1,396.50 1.10 50% Canby 88.00 88.00 483.00 808.00 1,458.00 10.00 37% Beaverton 92.10 92.10 364.15 1,288.15 2,463.15 2.75 25% Tigard 69.06 130.46 728.71 1,363.71 2,608.71 29.20 25% Average of Fees 71.98 81.59 351.56 644.54 1,140.63 6.28 37% `Proposed fee, jurisdiction is going through a fee increase "Additional fee schedule for $500K and above in value Attachment "F" 103 June 30, 201 1 Scott Derickson City of Woodburn 270 Montgomery St Woodburn, OR 97071 Dear Scott: HBA HOME BUILDERS ASSOCIATION OF MARION AND POLK COUNTIES 385 Taylor St NE Salem, OR 97301 -8340 ph 503 -399 -1500 fax 503 - 399 -0651 www.HomeBuildersAssociation.org I want to thank you and your staff for meeting with me earlier this month to discuss our organization's concerns with the proposed building department fee increases. As a result of our discussions during this meeting, the City of Woodburn has scaled back the one - and - two - family building permit fee increase to 3 %, and the plan review fee to 85% of the structural permit. As such, the Home Builders Association of Marion & Polk Counties can support the proposed changes to the residential permit fees. Sincerely, . Mike Erdmann Chief Executive Officer Attachment "G" Affiliated With /\ National 0�� NAHB Builders tlan � SOC ToN of Nome �� Builders 104 COUNCIL BILL NO. 2873 ORDINANCE NO. 2479 AN ORDINANCE ADOPTING BUILDING DIVISION FEES FOR INC LUSION IN THE MASTE R FEE SCHEDULE: REPEALING AL L BUILDING FEES AND CHARGES THAT ARE INCONSISTENT WITH THIS ORDINANCE; AND SETTING AN EFFECTIVE DATE WHEREAS, the City has established a building inspection program under state statutes and the Oregon Administrative Rules of the State Building Codes Division, and WHEREAS, under the authority of ORS 455.150, the City administers those specialty codes and building requirements adopted by the State that the City is granted authority to administer, and WHEREAS, it is necessary for the City to update the building inspection program fees of the state specialty codes so that they can be enforced and administered within the corporate limits of the City and uniformly through out the State, and WHEREAS, pursuant to ORS 294.160, the City Council provided an opportunity for interested persons to comment on the enactment of this ordinance and its proposed building fee increase, NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The schedule of Building fees and charges affixed and incorporated as Exhibit "A" is adopted by the City and shall be included in the Master Fee Schedule. Section 2. As required by state law, all structural permit fees for new construction and additions shall be calculated using the ICC Building Valuation Data Table current as of April 1 of each year, multiplied by the square footage of the dwelling to determine the valuation. Section 3. All Building fees and charges that are inconsistent with those contained in the attached schedule are hereby repealed. Section 4. This Ordinance is effective on August 11, 2011. Page 1 - COUNCIL BILL NO. 2873 ORDINANCE NO. 2479 105 Approved as to form: City Attorney Date Passed by the Council Submitted to the Mayor Approved by the Mayor Approved: Filed in the Office of the Recorder ATTEST: Christina Shearer, City Recorder City of Woodburn, Oregon Page 2- COUNCIL BILL NO. 2873 ORDINANCE NO. 2479 Kathryn Figley, Mayor City of Woodburn, Building Division Commercial, Industrial, Public, and Multi - Family Permit and Plan Review Fees (All Permits Except One -and Two - Family Building and Mechanical Permits) Effective August 99, 2011 Service Fee Notes (Additional Fees, Units, etc.) Building and Mechanical Plan Review Fees (includes fire suppression and fire alarm permits): Building and Mechanical Permit Valuations (includes fire suppression and fire alarm permits): $1.00 to $2000.00 $97.50 minimum permit fee. $2001.00 to $25,000.00 $97.50 for the first $2,000, plus $11.10 for each additional $100 minimum one hour, charged per hour. $1,000.00 or fraction thereof, to and including $100 minimum one hour, charged per hour. $25,000. $25,001.00 to $50,000.00 $352.50 for the first $25,000, plus $9.30 for each additional $1,000.00 or fraction thereof, to and including $50,000. $50,001.00 to $100,000.00 $585.00 for the first $50,000, plus $6.00 for each additional $1,000.00 or fraction thereof, to and including $100,000. $100,001.00 and up $885.00 for the first $100,000, plus $5.50 for each additional $1,000.00 or fraction thereof. Note 1: The mechanical valuation includes the cost of all equipment and installation costs. Note 2: The building valuation shall be the greater of the ICC Building Valuation Data Table current as of April 1 of each year or the valuation as provided by the applicant. Building and Mechanical Plan Review Fees (includes fire suppression and fire alarm permits): Plan Review (Building and Mechanical) 100% of permit fee. Plan Review (Fire- and Life - Safety) 65% of building permit fee. Additional Plan Review (required by changes, additions, or revisions to approved plans) $100 minimum one hour, charged per hour. Additional Plan Review (prior to permit approval, charged after the second plan review) $100 minimum one hour, charged per hour. (The fees listed above do not include the State of Oregon permit fee surcharge or the statewide code development, training, and monitoring fee for manufactured dwellings or the school district construction excise tax) Exhibit "A" Page 1 of 5 107 City of Woodburn, Building Division One- and Two - Family Building Permit and Plan Review Fees Effective August 11, 2011 Service Fee Notes (Additional Fees, Units, etc.) One- and Two - Family Dwelling Building Permit Valuations: $1.00 to $2000.00 $67.00 minimum permit fee. $2001.00 to $25,000.00 $67.00 for the first $2,000, plus $7.62 for each additional Additional Plan Review $100 $1,000.00 or fraction thereof, to and including (required by changes, additions, or $25,000. $25,001.00 to $50,000.00 $242.00 for the first $25,000, plus $6.40 for each additional Additional Plan Review $100 $1,000.00 or fraction thereof, to and including (prior to permit approval, charged after the $50,000. $50,001.00 to $100,000.00 $402.00 for the first $50,000, plus $4.12 for each additional $1,000.00 or fraction thereof, to and including $100,000. $100,001.00 and up $608.00 for the first $100,000, plus $3.55 for each additional $1,000.00 or fraction thereof. Note 1: The building valuation for new construction and additions shall be based on the ICC Building Valuation Data Table current as of April 1 of each year. One -and Two - Family Dwelling Carport, Covered Porch, Patio, and Deck: The square footage of a carport, covered porch, patio, or deck shall be calculated separately at fifty (50) percent of the value of a private garage from the most current ICC Building Valuation Data table. One -and Two - Family Dwelling Addition, Alteration, and Repairs: Permit fees shall be calculated based on the fair market value as determined by the building official and then applying the valuation to the permit fee table. One -and Two - Family Dwelling Building Plan Review Fees: Plan Review (One- and Two - Family 85% of building permit fee. Dwelling) Additional Plan Review $100 minimum one hour, charged per hour. (required by changes, additions, or revisions to approved plans) Additional Plan Review $100 minimum one hour, charged per hour. (prior to permit approval, charged after the second plan review) (The fees listed above do not include the State of Oregon permit fee surcharge or the statewide code development, training, and monitoring fee for manufactured dwellings or the school district construction excise tax) Exhibit "A" Page 2 of 5 108 City of Woodburn Building Division One- and Two- Family Dwelling Mechanical Fees (Includes Manufactured Homes) Effective August 99, 2011 ITEM Fee (per appliance /equipment) Heating & Cooling (includes relocation Gas Connections (unlimited number of connections) $25.00 Furnace including ductwork & vent (forced air) $25.00 Air Conditioner, Heat Pump, or Evaporative Cooler $25.00 Unit Heater (suspended, recessed wall, floor mounted) $25.00 Air Handling Unit $25.00 Fireplace / Insert / Stove / Log Lighter / Decorative Fireplace $25.00 Boiler (Gas Connection and Venting Only) $25.00 Venting (includes relocation) Range Hood $25.00 Bath Fan $25.00 Clothes Dryer Exhaust $25.00 Exhaust Fan $25.00 Water Heater Venting $25 Miscellaneous (includes relocation) Barbecue $25.00 Other Equipment or Appliance not Listed above $25.00 Minimum Permit Fee $90.00 (The fees listed above do not include the State of Oregon permit fee surcharge or the statewide code development, training, and monitoring fee for manufactured dwellings or the school district construction excise tax) Exhibit "A" Page 3 of 5 109 City of Woodburn, Building Division Miscellaneous Fees Effective August 11, 2011 Exhibit "A" Page 4 of 5 110 Specialty Program Fees: Deferred Submittals (Plan Review) 100% of permit fee calculated using the value of the deferred portion of the project, with a minimum fee of $300.00. This fee is in addition to the building or mechanical permit fee. A separate fee is assessed for each deferred submittal of the project. Phased Permits (Plan Review) 20% of building permit fee calculated using the value of the entire project, plus $300.00 up to a maximum fee of $1,500.00. This fee is in addition to the permit fee. A separate fee is assessed for each phase of the project. Master Plan Review Fee 100% of building permit fee for first plan and 45% of building permit fee for each separate review of same construction plan. Administrative Fee for Processing State of Oregon Master Plans or Plans Reviewed by a Third Party Plans Examiner 10% of building permit fee with a minimum fee of $200.00 Expedited Plan Review $150.00 charged per hour, in addition to the calculated plan review fee. Inspection Fees: Inspections Outside Normal Hours $150 charged per hour (minimum 2 hours). Re- Inspections (for which no fee specifically indicated) $100 charged per hour (minimum 1 hour). Inspections (for which no fee specifically indicated) $100 charged per hour (minimum 1 hour). Other Fees: of permit fee, fee is in addition to the permit fee with a minimum fee of $300.00. Issued for 30 days, $100 for each 30 day reissue. Investigation Fee Temporary Certificate of Occupancy 150% $300.00 Change of Occupancy $100.00 charged per hour, minimum fee of two hours. Stand Alone Residential Sprinkler System Fees: Square Footage Fee 0 to 2,000 square feet $450.00 2,001 to 3,600 square feet $600.00 3,601 to 7,200 square feet $750.00 7,200 square feet and above $900.00 Exhibit "A" Page 4 of 5 110 City of Woodburn, Building Division Miscellaneous Fees Effective August 11, 2011 (The fees listed above do not include the State of Oregon permit fee surcharge or the statewide code development, training, and monitoring fee for manufactured dwellings or the school district construction excise tax) Exhibit "A" Page 5 of 5 111 Manufactured Dwelling and Cabana Installation Permits: A single fee is charged for the set -up of manufactured homes. This single fee includes the concrete slab, runners, or foundations when they comply with the prescriptive requirements of the Oregon Manufactured Dwelling standard, electrical feeder and plumbing connections, and all cross -over connections. Decks, other accessory structures, and foundations that do not comply with the prescriptive requirements of the Oregon Manufactured Dwelling and Park Specialty Code, utility connections beyond 30 lineal feet, new electrical services or additional branch circuits, new plumbing, and other such items that fall under the building code require separate permits. Installation Permit $370.00 Earthquake- and wind - resistant bracing $130.00 systems Reinspections $130.00 Camp and Park Permits: The fees for each permit issued for the construction, addition, or alteration of a manufactured dwelling park, recreational vehicle park, or organizational camp developed shall be calculated using the valuation of the work and the most recently adopted commercial building permit valuation table. Plan Review 100% of permit fee. Excavation and Grading Permits: The fee for an excavation and grading permit shall be calculated using the valuation of the work and the most recently adopted commercial building permit valuation table. Plan Review 100% of permit fee. Demolition Permits: _ The fee for a demolition permit shall be calculated using the valuation of the work and the most recently adopted building permit valuation table. Plan Review 100% of permit fee. Residential Roof -Top Solar System Fees: Fee Prescriptive system $300.00 Flat fee, includes one inspection. Engineered system Building Permit Fee is based on the valuation using the residential building permit valuation table. Building Permit Fee 100% of permit fee calculated using the valuation of the project, with a minimum fee of $300.00. of permit fee for plan review. Plan Review Fee 100% (The fees listed above do not include the State of Oregon permit fee surcharge or the statewide code development, training, and monitoring fee for manufactured dwellings or the school district construction excise tax) Exhibit "A" Page 5 of 5 111 I oOBuR July 11, 2011 TO: Honorable Mayor and City Council FROM: Scott Derickson, City Administrator SUBJECT: Council of Governments Agreement for Ward Boundary Adjustment RECOMMENDATION Authorize the City Administrator to execute an agreement with the Mid - Willamette Valley Council of Governments to update Woodburn's Councilor Ward Boundaries, according to the established reapportionment criteria, and to develop boundary options in an amount not to exceed $6,000. BACKGROUND Each City that elects City Councilors on the basis of ward representation is required to examine and, if necessary, modify ward boundaries within the same year the results of the decennial census are released. Chapter III - Form of Government, Section 7 of the Woodburn City Charter states: "the Council shall be composed of six councilors. The City shall be apportioned into six wards for nomination and election of councilors. The Council of Woodburn shall alter the ward boundaries to maintain an equal population distribution not less than once every ten years." Woodburn has relied on the assistance of the Mid - Willamette Council of Governments (COG) to redraw ward boundaries in the past. Statewide reapportionment criteria are enumerated in ORS 188.010, and were used as the basis for reapportionment in the past. ORS 188.010 requires: Each district, as nearly as practicable, shall: (a) be contiguous (b) be of equal population (c) utilize existing geographic or political boundaries (d) not divide communities of common interest (e) be connected by transportation links; Agenda Item Review: City Administrator _x City Attorney _x_ Finance 112 Honorable Mayor and City Council July 11, 2011 Page 2 • No district shall be drawn for the purpose of favoring any political party, incumbent legislator or other person. • No district shall be drawn for the purpose of diluting the voting strength of any language or ethnicity. In the past, the City Council also included as a criterion that each incumbent's residence should be retained within the same ward number. DISCUSSION Census data for the 2010 decennial census are received, and we are required to update ward boundaries as appropriate. In the past, the City Council has used the above described criteria to fulfill the City Charter requirement. The attached COG proposal also summarizes the services it is willing to provide to the City during the reapportionment process including the development of multiple alternatives to be considered by the City Council. Councilors should also note, as pointed out in the COG proposal: "By law, all new boundaries must be in place by January 30, 2012, in order for candidates to file for 2012 elections. This includes voter precincts, which are determined by county elections staff based on a combination of district boundaries. Therefore, the county elections office will need to receive revised district boundary information by November 1, 2011, to provide enough time for developing voter precincts [emphasis added]. This means there are only a few short months in which to complete redistricting efforts." To provide the COG adequate guidance, the City Council must establish the reapportionment criteria. It is recommended that you continue to utilize State criteria, as previously enumerated and practiced by the City in previous efforts, and require that each incumbent's residence should be retained within the same ward number. If there are additional criteria the City Council would like to consider, these need to be identified and agreed to prior to executing the COG contract. Monday's meeting will provide an opportunity for the City Council to discuss this issue and the recommended criteria. I am also asking that the Council authorize the COG contract to begin work as soon as possible. The COG agreement will include at least one meeting where the COG will present their recommended reapportionment for Council consideration. Once 113 Honorable Mayor and City Council July 11, 2011 Page 3 reapportionment is agreed to, the City Council must then adopt the new ward map. The last time this was done was in October of 2001. FINANCIAL IMPACT The COG contract could be authorized not to exceed $6,000. 114 AGREEMENT Ward Redistricting THIS AGREEMENT is made and entered into by and between the City of Woodburn ( "WOODBURN "), an Oregon Municipal Corporation, and the Mid Willamette Valley Council of Governments ( "COG "), a voluntary association of governmental entities. Recitals WHEREAS, the WOODBURN City Charter established City Council wards ( "the Wards ") to provide WOODBURN residents local representation; and WHEREAS, WOODBURN is legally obligated to undergo redistricting of the Wards every 10 years based upon new census data, and WHEREAS, COG is qualified to provide WOODBURN with redistricting assistance and has submitted a proposal ( "the Proposal ") to WOODBURN, which is attached hereto as Exhibit "A "; and WHEREAS, COG has performed redistricting services for WOODBURN in 1991 and 2001; NOW, THEREFORE , in consideration of the mutual promises contained herein, the parties agree as follows: A. COG Responsibilities COG shall assist WOODBURN in the redistricting of the Wards to reflect the data available from the 2010 Census as described in the Proposal. B. WOODBURN Responsibilities WOODBURN shall; 1. Provide COG a map(s) showing WOODBURN's external boundaries and the present boundaries of the Wards. 2. Provide COG with the address and a map showing the location of each elected official's residence. 3. Provide COG with a list of prioritized criteria to be used in preparing draft redistricting plans. Page 1 of 3 - Agreement for Ward Redistricting - City of Woodburn 115 4. Designate a contact person through which all work will be coordinated. 5. Pay COG for the Base Cost as described in the Proposal, and any of the optional work elements requested. Payments will be made within 30 days of receipt of invoice. C. Termination and Amendment The parties do further agree that: 1. This Agreement shall be terminated on December 1, 2011, unless otherwise agreed to by COG and WOODBURN by amendment to this Agreement. 2. This Agreement may be terminated by either party at any time without cause after 30 days written notice to the other party. 3. Should this Agreement terminate prior to completion of the work described herein, WOODBURN shall pay COG a pro rata sum representing the percentage of the overall work effort completed by COG. D. Independent Contractor 1. WOODBURN has engaged COG as an independent contractor for the accomplishment of a particular task. Neither party, nor the officers and employees of either party, shall be deemed the agents or employees of the party for any purposes. E. Limited Warranty 1. COG warrants only that its redistricting recommendation will satisfy the prioritized criteria provided pursuant to Section B.3. above. 2. COG will rely exclusively on the accuracy and completeness of data furnished by WOODBURN and shall not be responsible for any errors caused by any defect in the information submitted to COG. 3. WOODBURN will rely on the advice of its staff and legal counsel as to the legal sufficiency of the redistricting. Page 2 of 3 - Agreement for Ward Redistricting - City of Woodburn 116 4. In no event shall COG be liable to WOODBURN for indirect or consequential damages of any nature. IN WITNESS WHEREO F, COG and WOODBURN have, by approval of their respective governing bodies, cause this Agreement to be executed by their duly authorized representatives as of the dates set forth below. MID WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS By: Nancy Boyer, Director Date: CITY OF WOODBURN By: Scott C. Derickson, City Administrator Date: Page 3 of 3 - Agreement for Ward Redistricting - City of Woodburn 117 Mid - Willamette Valley Council of Governments Small City /School District Redistricting Proposal, 2011 Base cost: $4,500 Services /products included: • Analysis of current wards /zones • Preparation of up to 3 redistricting plans, including maps and summary data in electronic format • No block splitting • COG staff attendance at one council /board meeting to present alternatives • Preparation of final plan maps /tables in electronic format • Data export /transfer Optional Work Elements: • Additional work sessions or board meetings: Charged at $76 per hour • Public open house: $1,200 • Additional redistricting plans: charged at $76 per hour • Additional research, analysis, or tasks not outlined above (including block splitting): charged at $76 per hour • Printed maps: document size- $2 each, large display size (34x44)- $30 • Legal descriptions of adopted board zones: Charged at $76 per hour Please contact Lesley Hegewald, Associate GIS Analyst /Data Specialist at (503)540 -1622 or Hegewald@mwvcog.org for more information. Exhibit "A" 118 Mid - Willamette Valley Council of G 105 HIGH STREET S.E.. SALEM, OREGON 97301 -3667 . www.mwvcog.org PHONE: 503 - 588 -6177 . FAX: 503 - 588 -6094 . email: mwvcog @mwvcog.org An equal opportunity lender, provider, and employer June 16, 2011 Getting things done together! Mr. Scott Derickson City of Woodburn 270 Montgomery St. Woodburn, OR 97071 Dear Mr. Derickson: EC! , JUN KY flP1T" A0jVj'1AJ'e Earlier this year, the Census Bureau released its first data product from the decennial 2010 Census, the P.L. 94 -171 Redistricting File. This product enables public agencies with elected boards to redistrict in order to balance the population of the communities that they serve due to uneven population growth or decline between representative districts over the past ten years. The Mid - Willamette Valley Council of Governments performed redistricting services for you after the 2000 Census and again is offering this service for current redistricting needs. By law, all new boundaries must be in place by January 30, 2012, in order for candidates file for 2012 elections. This includes voter precincts, which are determined by county elections staff based on a combination of district boundaries. Therefore, county elections offices will need to receive revised district boundary information by November 1, 2011, to provide enough time for developing voter precincts. This means there are only a few short months in which to complete redistricting efforts. MWVCOG staff perform population analysis and redistricting services using Geographic Information System (GIS) software along with redistricting data from the 2010 Census, enabling us to provide accurate statistics and color maps for making decisions regarding redrawing district boundaries. Our basic redistricting services include: • Perform an analysis of current district statistics to assess the need for redistricting; • Develop redistricting criteria for redrawing boundaries; • Develop multiple redistricting alternatives for the board or council to consider and choose from; and • Provide maps and statistics of the final redistricting plan. MWVCOG can customize redistricting services to fit the needs and budget of each individual council or board. For more information on redistricting services, please contact Lesley Hegewald at Ihegewald@mwvcog.org or (503)540 -1622. Sincerely;,, -` Lesley Hegewald Associate GIS Analyst /Data Specialist LH:Im C:1 MyDocumentsl redistricting lredistrictletter201 I docx Serving member governments in Marion, Polk, and Yamhill Counties 119 I oOBuR July 11, 2011 TO: Honorable Mayor and City Council FROM: Scott Derickson, City Administrator SUBJECT: Cancellation of August 22, 2011 Council Meeting RECOMMENDATION It is recommended that the City Council cancel the August 22, 2011 Council Meeting. BACKGROUND Pursuant to City Charter, the City Council is required to meet regularly, at least once a month. The Council meets twice monthly, or more often, to conduct City business. The Council occasionally cancels a meeting due to holiday schedules or lack of business. DISCUSSION Historically, the City Council cancels its last meeting in August to accommodate scheduled absences. Because of this time of year, agenda items are typically light as well. For these reasons, it is being recommended that the City Council cancel the last meeting in August. Agenda Item Review: City Administrator _x City Attorney _x Finance 120 CITY OF WOODBURN CITY COUNCIL SPEAKER CARD 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. NAME: J ,v C PHONE # ADDRESS: 9 1.=72. 1 AGENDA DATE: AGENDA ITEM #: ! Q A COMMENTS: FOR OFFICE USE ONLY: Follow -up: Corrections 1.105.02 Organization of the Commission B. Meetings. 1. Four (4) members of the Commission shall constitute a quorum. 2. 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. 4.101.08 Ex -Parte Contacts, Personal Site Observations, Conflicts of Interest and Bias 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 221). 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. 4.102.01 Appeals of Type 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 to the City Council. 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 to the City Council. 4. Type IV (Quasi - Judicial) Type IV decisions are appealable to the Land Use Board of Appeals.