09-10-2012 Agenda
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ITY ALL OUNCIL HAMBERS ONTGOMERY TREET
1.CALL TO ORDER AND FLAG SALUTE
2.ROLL CALL
3.ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
None.
Appointments:
None.
4.COMMUNITY/GOVERNMENT ORGANIZATIONS
A.Chamber of Commerce
B.Woodburn School District
5.PROCLAMATIONS/PRESENTATIONS
Proclamations:
None.
Presentations:
None.
6.COMMUNICATIONS
None.
–
This allows the public to introduce items for
7.BUSINESS FROM THE PUBLIC
Council consideration not already scheduled on the agenda.
**Habrá intérpretes disponibles para aquéllas personas que no hablan Inglés, previo acuerdo.
Comuníquese al (503) 980-2485.**
September 10, 2012Council Agenda Page i
–Items listed on the consent agenda are considered
8.CONSENT AGENDA
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 August13, 20121
Recommended Action: Approve the minutes.
B.Woodburn Planning Commission minutes of July 26, 20125
Recommended Action:Acceptthe minutes.
C.Woodburn Recreation and Park Board minutes of July 17, 20129
Recommended Action:Accept the minutes.
D.Crime Statistics through June201212
Recommended Action: Receive the report.
E.Additional Privilege-Winery16
Recommended Action:The Woodburn City Council
recommends that the OLCC approve the Additional Privilege-
Winery application for Harry and David, LLC.
9.TABLED BUSINESS
None.
10.PUBLIC HEARINGS
A.Woodburn Ambulance FranchiseOrdinance18
Recommended Action:Conduct a public hearing on the
renewal of the franchise with Woodburn Ambulance Service,
Inc, and direct staff to submit the final version of franchise
ordinance for adoption at the September 24, 2012 City
Council meeting.
–Members of the public wishing to comment on items of
11.GENERAL BUSINESS
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.2901-An Ordinance Adopting the Highway 99E 29
Corridor Plan; Making Text Amendments to the Woodburn
Comprehensive Plan; Amending the Woodburn Comprehensive
Plan Map; Amending the Woodburn Transportation System Plan;
Making Text Amendments to the Woodburn Development
Ordinance; Amending the Official Zoning Map; and Directing
September 10, 2012Council Agenda Page ii
the Economic and Development Services Director to
Administratively Incorporate andImplement These Actions
Recommended Action:Adopt Ordinance 2492,the Highway
99E Corridor Plan (CPA 2012-02 and LA 2012-01)
B.Council Bill No. 2902-An Ordinance Amending Ordinance 2328,181
thePortland General Electric Company Franchise,toExtend
said Ordinance until June 30, 2013.
Recommended Action:Adopt the Ordinance Extending the
PGE Franchise
C.Council Bill No. 2903-A Resolution Waiving Application of 185
Ordinance 2312 (the Noise Ordinance) for Construction Activity
Associated with the Woodburn Interchange and Transit Facility
Improvement Project and Providing for Certain Conditions
Recommended Action:That the City Council adopt the
attached resolution waiving the City Noise Ordinance for
construction activities associated with the Woodburn
Interchange and Transit Facility Improvement Project.
D.Intergovernmental Agreement with the City of Newberg195
Recommended Action:Authorize the City Administrator to sign
an Intergovernmental Agreement (IGA) with the City of
Newberg for structural/mechanical inspections and plan
reviews.
E.FY 2012/13 Amended Financial Plan202
Recommended Action:Adopt the attached FY 2012/13
amended Financial Plan (Budget Policies & Reduction Strategy)
via a motion to include Section 15 –Annual Financial Audit.
Staff considers the addition of this language to be a “house-
keeping” type item intended to strengthen the City’s overall
budget policy.
–
These
12.PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS
are Planning Commission or Administrative Land Use actions that may be
called up by the City Council.
A.Planning Commission approval of cases SUB 2012-01, VAR 2012-214
02, and EXCP 2012-01 for Kalugin Estates subdivision, located
south of Hardcastle Avenue, between Dunn Court and Orchard
Lane
Recommended Action:No action is recommended. This item is
placed before the Council for information purposes in
compliance with the Woodburn Development Ordinance. The
September 10, 2012Council Agenda Page iii
Council may call up this item for review if it desires.
13.CITY ADMINISTRATOR’S REPORT
14.MAYOR AND COUNCIL REPORTS
15.EXECUTIVE SESSION
To conduct deliberations with persons designated by the governing body
to carry on labor negotiations pursuant to ORS192.660(2)(d).
To review and evaluate, pursuant to standards, criteria and policy
directives adopted by the governing body, the employment-related
performance of the chief executive officer of any public body, a public
officer, employee or staff member unless the person whose performance
is being reviewed and evaluated requests an open hearing pursuant to
ORS 192.660 (2)(i).
16.ADJOURNMENT
September 10, 2012Council Agenda Page iv
COUNCIL MEETING MINUTES
AUGUST 13, 2012
DATECOUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY
0:00
OF MARION, STATE OF OREGON, AUGUST 13, 2012
CONVENED
The meeting convened at 7:00 p.m.with Council President McCallum
presiding.
ROLL CALL
0:00
Mayor Figley Absent
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, Police
Captain Garrett,Human Resources Director Hereford, Assistant City Attorney Stuart,
Assistant Recorder Pierson,Water Resources Manager Scott, Sr. Management Analyst
Moore
ANNOUNCEMENTS
0:01
A.Please join us for an evening of fun at the Woodburn Proud Community BBQ at 5:30
PM on Thursday, August 23 at Centennial Park. The event features a delicious BBQ,
games, & a great time spent with friends. Help us recognize and support the local
Police, Fire and Ambulance community. Dinner is only $3 per person. To volunteer or
donate to the event, contact Kelly Howard 503-951-0321 or
woodburnproud@gmail.com.
B.The City Council meeting scheduled for August 27, 2012 has been cancelled. The next
Council meeting will take place September 10, 2012.
COMMUNITY/GOVERNMENT REPORTS
0:03
A.Woodburn Chamber of Commerce- City Administrator Dericksonstated that he is on the
Chamber Board of Directors and commented that the Fiesta Mexicana went very
smoothly and thinks everybody had a good time. Councilor Morris stated that the Fiesta
was a good neighbor and kept the noise down at night. Councilor McCallum stated that
the parade was fun and he thanked the Woodburn Fire District for letting them use their
ancientfire engine.
B.Woodburn School District – Superintendent Bautista provided information on the
beginning of classes at the high school and a brief update on the fire restoration timeline.
He also provided a phone number (503-981-9555) so that people can get the most
current information. Councilor McCallum also wanted to remind people that they need
to drive carefully in the school zones.
Page 1 - Council Meeting Minutes, August 13, 2012
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COUNCIL MEETING MINUTES
AUGUST 13, 2012
PROCLAMATIONS
0:09
A.Fill-the Boot – Joseph Jacobucci,with the Woodburn Fire District, thanked the City
Council for their support.
PRESENTATIONS
0:12
B. 2012 Mary Tennant Award For Excellence in Public Service: Presented to City
Attorney N. Robert Shields and Randy Scott, Water Resources Division Manager.
CONSENT AGENDA
0:20
A.Woodburn City Council minutes of July 9, 2012
B.Woodburn City Council Executive Session minutes of July 9, 2012
C.Woodburn Planning Commission minutes of June 21, 2012
D.Woodburn Planning Commission minutes of July 12, 2012
E.Woodburn Library Board minutes of July 11, 2012
F.Crime Statistics through June 2012
Schmidt/Cox
… approve the consent agenda as presented. Motion passed unanimously.
COUNCIL BILL NO. 2893 (COUNCIL CHANGED TO COUNCIL BILL NO. 2900) -
0:22
AN ORDINANCE ESTABLISHING A PUBLIC ART MURAL PROGRAM;
CREATING THE WOODBURN PUBLIC ART MURAL COMMITTEE AND
PROVIDING FOR A PROCESS FOR THE CITY’S CONSIDERATION OF PUBLIC
ART MURALS
Lonergan
introduced Council Bill 2893. Recorder Piersonread the two readings of the bill
by title only since there were no objections from the Council. Economic & Community
Development Director Hendryx provided a staff report. As a point of order City Attorney
Shields reminded the Council that they already read the Ordinance twice at itslast meeting
and after discussion and input from the public, Council asked that staff make the requested
changes. He advised the Council that this should be treated as anewly introduced ordinance
before the Council. City Attorney Shields asked Assistant City Recorder Pierson if a new
number could be used and was told yes. Councilor McCallum asked if they could use
th
Council Bill 2900 and was told yes. Aldo Solano, 1274 5 St., Woodburn, turned signatures
in support of the ordinance over to the Recorder. Veronica Bautiste, 1735 Tomlin Ave,
Woodburn, read a letter from a parent in support of murals. Dalila Ortiz, 1051 Wilson St.,
Woodburn, thanked the Council for considering murals and stated that she supports the
ordinance. She also invited the Council to the opening of the Capaces Leadership Institute on
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August 25, at 5:00 pm. Larry Kleinman, 1790 Landau Dr, Woodburn, thanked City
Attorney Shields, Director Hendryx, City Administrator Derickson, City Council and Mayor
Figley for their work on this ordinance. He mentioned that the PCUN board met on this
ordinance and suggested that a companion action of having a fund that would be available for
small projects, through the Urban Renewal Agency, that are deemed worthy and the applicant
can’t afford the fee. Councilor Lonergan thanked City Attorney Shields and Director
Hendryx for their work on this ordinance. Councilor Cox stated that he is in favor of the
ordinance. Councilor Morris thanked the public for their involvement and encouraged them
Page 2 - Council Meeting Minutes, August 13, 2012
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COUNCIL MEETING MINUTES
AUGUST 13, 2012
to stay involved. On roll call vote for final passage, the bill passed unanimously. Council
President McCallumdeclared Council Bill No. 2900 duly passed. Councilor McCallum
thanked everyone who worked on this ordinance.
COUNCIL BILL NO. 2897 -AN ORDINANCE APPROVING COMPREHENSIVE
0:39
PLAN MAP AMENDMENT 2012-01, ZONE CHANGE 2012-01, AND
CONDITIONAL USE 2012-01 FOR PROPERTY LOCATED AT 2285 AND 2333 N.
PACIFIC HIGHWAY; IMPOSING CONDITIONS OF APPROVAL; APPROVING
FINDINGS AND CONCLUSIONS; AND DECLARING AN EMERGENCY
Lonergan
introduced Council Bill No. 2897. Assistant Recorder Piersonread the two
readings of the bill by title only since there were no objections from the Council. Director
Hendryx provided a staff report. On roll call vote for final passage, the bill passed
unanimously. Council President McCallum declared Council Bill No. 2897 duly passed.
COUNCIL BILL NO. 2898 - A RESOLUTION GRANTING CONSENT OF THE
0:42
CITY OF WOODBURN TO A CHANGE OF CONTROL TRANSACTION
INVOLVING WAVE DIVISION VII, LLC
Lonergan
introduced Council Bill 2898. Assistant Recorder Piersonread the bill by title
only since there were no objections from the Council. On vote for final passage, the bill
passed unanimously. Council President McCallumdeclared Council BillNo. 2898 duly
passed.
COUNCIL BILL NO. 2899- A RESOLUTION DESIGNATING THE DIRECTOR OF
0:43
ECONOMIC AND DEVELOPMENT SERVICES AS THECDBG PROJECT
CERTIFYING OFFICER AND ENVIRONMENTAL CERTIFYING OFFICER
Lonergan
introduced Council Bill 2899. Assistant Recorder Piersonread the bill by title
only since there were no objections from the Council. On vote for final passage, the bill
passed unanimously. Council President McCallumdeclared Council Bill No. 2899 duly
passed. City Attorney Shields pointed out to the Council that they passed the Council Bill
but motions are still needed for items A and B as recommended in the staff report.
onergan/Schmidt…
Lauthorize the Mayor to execute the Community Development Block
Grant contract with the State of Oregon through the Business Oregon-Infrastructure Finance
Authority, Award #H12004, in the amount of $400,000 for the Woodburn Housing
Rehabilitation Program and authorize the Mayor to sign the Signature Card, designating
authorized individuals to request and receive grant payments.The motion passed
unanimously.
ACCEPTANCE OF A PUBLIC UTILITY EASEMENT ALONG THE FRONTAGE
0:46
OF 1542 MOUNT HOOD AVENUE (TAX LOT 051W08DB01400)
Lonergan/Schmidt…
accepts a 10 foot Public Utility Easement Granted by Woodburn
Associates, Property Owners of 1542 Mount Hood Avenue in Woodburn, Oregon. The
motion passed unanimously.
ACCEPTANCE OF A PUBLIC RIGHT-OF-WAY DEDICATION ALONG
0:47
Page 3 - Council Meeting Minutes, August 13, 2012
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COUNCIL MEETING MINUTES
AUGUST 13, 2012
FRONTAGE OF 1542 MOUNT HOOD AVENUE (TAX LOT 051W08DB01400)
Cox/Lonergan…
accepts a 5 foot Public Right-of-Way dedication granted by Woodburn
Associates, property owners of 1542 Mount Hood Avenue in Woodburn, Oregon. The
motion passed unanimously.
ACCEPTANCE OF A PUBLIC UTILITY EASEMENT WITHIN PROPERTY OF
0:49
THE JEHOVAH WITNESS ASSEMBLY HALL (TAX LOT 051W08DB00300)
Morris/Schmidt...
accepts a 10 foot Public Utility Easement for City water facilities granted
by Woodburn Oregon Jehovah Witness Assembly Hall, property owner of 1510 N. Pacific
Hwy, Woodburn, OR 97071 (Tax Lot 051W08DB00300). The motion passed unanimously.
ACCEPTANCE OF A PUBLIC UTILITY EASEMENT WITHIN ST. LUKE
0:49
CATHOLIC CHURCH PROPERTY LOCATED AT 417 HARRISON STREET
Morris/Pugh
…accepts a 16 foot Public Utility Easement (PUE) for City storm sewer
facilities granted by St. Luke Catholic Church, property owner of Parcel 1 as described in
recorded Partition Plat No. 2012-24, Woodburn, OR 97071. The motion passed unanimously.
CITY ADMINISTRATOR’S REPORT
0:50
The City Administrator had nothing to report
MAYOR AND COUNCIL REPORTS
0:51
Councilor Lonergan stated that he appreciates the improvements toNorthFront Street.
Councilor Morris thanked the people who turned out for the downtown clean up. He also
gave thanks to the people who hosted National Night Out. He also thanked the staff for their
help with the Fiesta.
Councilor Schmidt stated that he has heard good comments about North Front Street and
thanked Director Brown and the Public Works Department and would like to see this done
on other streets around town.
Councilor McCallum stated that heappreciates North Front Street. He alsoreceived several
thank you’s for the work done on Young Street and Mt. AngelHighway. He also noticed
that ODOT cleaned up the transit center. He mentioned that the National Night Out was a
success.
ADJOURNMENT
0:55
Lonergan/Morris
meeting be adjourned. The motion passed unanimously. The meeting
adjourned at 8:07 p.m.
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Heather Pierson,Assistant CityRecorder
City of Woodburn, Oregon
Page 4 - Council Meeting Minutes, August 13, 2012
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CityofWoodburn
CityofWoodburn
RecreationandParkBoardMinutes
RecreationandParkBoardMinutes
July 17, 20125:30p.m.
1.CALL TO ORDER
The meeting and was called to order at 5:30 p.m.
2.ROLL CALL
Position I Brent Glogau, Member (12/13) Present
Position II (Student) Sofie Velasquez (12/12) Present
Position III Joseph Nicoletti, Board Secretary (12/13) Present
Position IV Rosetta Wangerin, Board Chair (12/13) Present
Position V Bruce Thomas, Member (12/13) Absent
Position VI Member (12/12) Vacant
Position VII Tony Waite (12/12) Absent
3.APPROVAL OF MINUTES
Joseph Nicoletti/Brent Glogau-
Motion to hold the May 8, 2012 minutes over to the
next meeting. The motion passed unanimously.
4.BUSINESS FROM AUDIENCE
None.
5.OLD BUSINESS
6.NEW BUSINESS
June 12 Park Tour Recap
The Board discussed their thoughts regarding theannual park tour, which took place
on June 12. They agreed to submit their completed comment forms to Jim so they
could be compiled and discussed at the next meeting.
Aquatics Financial Review
Jim and Kristin discussed the financial performance of the Aquatic Center in 2011-
2012 and reviewed the preliminary fiscal year numbers.
7.DIVISION REPORTS
Aquatics – Kristin Graybeal
Kristin updated the Board on the following items:
News
Spa Jets Pump Motor is being repaired
o
Water slide pump is also being repaired
o
Teen swim has been really popular
o
Junior lifeguard program (1 week done was awesome; 6 kids in attendance)
o
Page 1of 3
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CityofWoodburn
CityofWoodburn
RecreationandParkBoardMinutes
RecreationandParkBoardMinutes
July 17, 20125:30p.m.
Swim strokes not as popular; first time doing
o
New merchandise in store (new caps for kids, new rash guards, swim shoes, etc.)
o
Updated website is done
o
Summer kick off week
So far this summer, we’re up 10% from last year.
o
$5 swim lesson week: This year we had 228 students take lessons that week with
o
25% of them registering for another lesson this summer (using coupon) and 36%
of them being brand new and never having taken lessons at the Aquatic Center
before.
Had a swimsuit sale that was popular (will do next year) 25% off
o
Upcoming Events
Grandparents weekend July 28-29: $1 off admission
o
Recreation – Stu Spence
Stu updated the Board on the following items:
Youth Sports -
New program – Kidz Love Soccer has been ongoing since May. Over 30
kids have participated in the program this spring and summer.
Adult Sports -
WSMSL Soccer League has 6 teams this year (down 1 from last year).
Our challenge is that fields in Woodburn are not playable until late in the
spring due to weather and maintenance needs. Other area leagues begin
much earlier in the year. The Outdoor Summer Basketball League was
cancelled due to lack of interest.
1785 Locomotive-
Over 30 books have been distributed and another order of 30 has been
received. Book/DVD’s are sold at cost for $18.00 or $20.00 (w/postage)
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WSN -
Woodburn Summer Nights kicked off with the annual 4of July
Celebration in Centennial Park. The event was well attended and included
live bands, kids games and activities, vendors, and fireworks. Over
$9,000 was raised in sponsorship revenue for Woodburn Summer Nights
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that includes not only the 4 of July, but Music and Movies in the park.
Thank you to our sponsors.
ASC Prices
- The Woodburn School District has agreed to set next year’s after school
program prices. They will increase to $350 per year from $300 this year
(if paid in full) or $95 per quarter ($380) from $100 per trimester ($300)
this year. There will also be two other options to help sustain the program.
This year, we are asking parents to pay extra if they are able. Separate
Page 2of 3
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CityofWoodburn
CityofWoodburn
RecreationandParkBoardMinutes
RecreationandParkBoardMinutes
July 17, 20125:30p.m.
fees are $500/yr (sustainability support) or $800/yr (true cost of the
program).
Tennis -
We offer tennis camp, lessons, and sponsor the annual Woodburn Tennis
Open? Tom Lonergan is our instructor and tournament director and has
over 30 kids participating in tennis lessons and camp this year.
Day Camp -
Summer Day Camp is slow, but successful this year. We are averaging
about 35 kids/week for the program that runs M-F 7:30am – 5:30pm. We
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offer kinder, 1-5grade, and teen activities at Heritage/Valor.
Parks and Facilities – Jim Row
Jim had no further update.
8.FUTURE BOARD BUSINESS
Compiled Park Tour Forms
9.BOARD COMMENTS
Joseph discussed a park he recently visited in Lodi, Ca. He would like to see
Burlingham Park enhanced to offer similar features.
10.ADJOURNMENT
The meeting was adjourned at 6:22 PM
___________________________ ________________________________
Joseph Nicoletti, Board Secretary Jim Row, Community Services Director
Date_________________ Date___________________
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Agenda Item
September 10, 2012
TO:Honorable Mayor and City Council through City Administrator
THRU: Scott Russell, Chief of Police
FROM:Jason R. Alexander, Captain
SUBJECT:
Additional Privilege- Winery
RECOMMENDATION:
The Woodburn City Council recommends that the OLCC approve the
application for Harry and David, LLC.
Additional Privilege- Winery
BACKGROUND:
Applicant: Barbara McDonald
19862 VintageStreet
Chatsworth, CA 91911
818.470.5932
Business:Harry and David
1001 Arney Road
Woodburn, OR 97071
503.981.7021
Owners: Same as Above
Current License Type: – which permits beer, wine, cider sales
Off-Premise Sales
for off-premise consumption only.
On August 6, 2012,the Woodburn Police Department received anapplication,
requesting approval for anfor Harry and David LLC
Additional Privilege-Winery
located at 1001 ArneyRd.Woodburn, Oregon.
The business will be openMondaythru Saturdayfrom 10:00am to 9:00pmand on
Sunday from 10:00am until 7:00pm.Harry and David is building a winery at their
Agenda Item Review:City Administrator __x____City Attorney ___x___Finance __x___
16
Honorable Mayor and City Council
September 10, 2012
Page 2
Medford, Oregon establishment and are requesting the
Additional Privilege-
for their business in Woodburn, Oregon, in order to host a tasting room of
Winery
their homemade wines. There willnot belive music, karaoke, video lottery
games, or pool tables. The Police Department has received no communication
from the public or surrounding businesses in support of or against the new outlet.
DISCUSSION:
The Police Department has completed a background investigation, in
connection with the OLCC,on the applicant and found nothing of a
questionable nature, which would preclude the issuance of this license.
FINANCIAL IMPACT:
None.
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Agenda Item
September 10, 2012
TO:Honorable Mayor and City Councilthrough City Administrator
FROM:Christina Shearer,Acting Finance Director
SUBJECT:
Woodburn Ambulance Franchise
:
RECOMMENDATION
Conduct a public hearing on the renewal of the franchise with Woodburn
Ambulance Service, Inc, and direct staff to submit the final version of franchise
ordinance for adoption at the September 24, 2012 City Council meeting.
:
BACKGROUND
In 2002 the City and Woodburn Ambulance Service, Inc. (WAS) entered into a 10
year nonexclusive franchise agreement to provide emergency ambulance
services within the city limits. During the course of the agreement, WAS has
complied with all provisions of the franchise and remains in good standing in
respect to the franchise and county plan. The franchise agreement is set to
expire October 1, 2012.
:
DISCUSSION
Staff has met with WAS and negotiated a renewal of the franchise, a draft copy
of which is attached. Like the prior franchise, the draft Franchise would grant to
the operator the right to use the public rights of way to provide emergency
transportation of persons suffering from illness, injury or disability. This Franchise
would not be exclusive, and the City reserves the right to grant a similaruse of
public rights of way toany other person at any time during the period of the
Franchise, provided said person complies with the regulations of the ASA Plan
and with Oregon state law.
Other highlights of the draft franchise include:
The Franchise would be valid for a period often (10) years following the
effective date.
The Grantee would furnish ambulance service within the corporate limits
of the City of Woodburn in a prompt, efficient and effective manner; and
Agenda Item Review:City Administrator ___x___City Attorney ___x___Finance __x___
18
Honorable Mayor and City Council
September 10,2012
Page 2
in accordance with rates approved by the City Council by separate
resolution. The Grantee would make available ambulance services within
the City24 hours per day, seven days per week, and would maintain a
business office with reasonable office hours, within the corporate limits of
the City of Woodburn.
For the privilege of the Franchise, the Grantee would pay to the City a
Franchise Fee calculated as one percent (1%) of the Franchise’s gross
revenue derived from calls for service within the City of Woodburn's city
limits for the calendar year ended the previous December 31. The fee will
be paid on a quarterly basis.
All ambulances in the City of Woodburn would be required to conform to
the State of Oregon requirements of ORS Chapter 682 and be licensed for
an Advanced Life Support (ALS) unit as EMT-Paramedic and one EMT-
Basic. Grantee would equip all vehicles with emergency radio
communications.
Grantee would maintain Comprehensive General Liability Insurance in the
amount of$1,000,000 combinedwith a single 1imit for bodily injury, and
property damage. Grantee would provide a Certificate of Insurance
designating the City of Woodburn as an additional insured.
This Franchise may be canceled or revoked by the City in the event that
Grantee failed to abide by the terms, conditions and obligations.
:
FINANCIAL IMPACT
The fees collected under this franchise agreement will be dependent on the
number of service calls within city limits for any given fiscal year. The fees
collected during the 2010/11fiscal year totaled $11,483.40.
19
COUNCIL BILL NO.
ORDINANCE NO.
AN ORDINANCE GRANTING WOODBURN AMBULANCE SERVICE, INC., A NON-
EXCLUSIVE FRANCHISE TO OPERATE AN AMBULANCE SERVICE IN THE CITY OF
WOODBURN; DEFINING TERMS AND CONDITIONS OF SAID FRANCHISE;
REPEALING ORDINANCE2324;DECLARING AN EMERGENCY AND SETTING AN
EFFECTIVE DATE
the City of Woodburn has previously granted to Woodburn
WHEREAS,
Ambulance Service, Inc. a Franchise to operate an ambulance service within
the corporate boundaries of the City;and
ORS 682.031 acknowledgesthat a city may regulate
WHEREAS,
ambulance services by ordinance; and
a city is authorized to franchise and charge carriers providing
WHEREAS,
vehicles for hire, including the services of an ambulance, provided said carriers
meet the standards of the Marion County Ambulance Service Area Plan; and
, the City Council determines it to be in the public interest to
WHEREAS
provide for and regulate the use of ambulance services; ,
NOW, THEREFORE
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
This ordinance shall be known as the "Ambulance
Section 1. Title.
Service Franchise Ordinance".
The Council declares it to be in the
Section 2. Policy and Purpose.
public's interest of health, safety and welfare to provide for and regulate
ambulance services within the City of Woodburn to:
(1)Ensure effective and efficient emergency ambulance service to the
residents of Woodburn; and
(2)Comply with the provisions of the Marion County Ambulance
Service Area (ASA) Plan.
Pursuant to ORS 682.031, this ordinance shall not be interpreted to require less
than is required of Grantee by the applicable Oregon Revised Statutes and
administrative rules. Any inconsistency between the provisions of this ordinance
and Oregon state law shall be governed by Oregon state law.
Page 1– Council Bill No.
Ordinance No.
20
The words and phrases used in this ordinance shall
Section 3. Definitions.
have the meaning provided in ORS Chapter 682 unless specifically defined
herein to have a different meaning. Other specific definitions include:
(1)"ASA Plan" - The Marion County Ambulance Service Area Plan.
(2)"City" - The City of Woodburn
(3) "Franchise" - A privilege granted by the City pursuant to this
ordinance.
(4) "Grantee" - The person granted a franchise pursuant to this
ordinance.
The City hereby grants unto Woodburn
Section 4. Franchise Granted.
Ambulance Service, Inc. the franchise, right and privilege, subject to such
modifications as are hereinafter set forth, to operate an ambulance service
within the corporate limits of the City ofWoodburn, as such limits now exist or
may hereafter be expanded.
For the purpose of the franchise, Grantee shall have the right to use the public
streets, alleys, public ways and places of the City to provide emergency
transportation of persons sufferingfrom illness, injury or disability. This Franchise is
not exclusive, and the City reserves the right to grant a similar use of public
streets, alleys, public ways and places to any other person at any time during
the period of this Franchise, provided said person complies with the regulations
of the ASA Plan and with Oregon state law.
The rights, privilege and Franchise herein
Section 5. Franchise Term.
granted shall be valid for a period of ten (10) years following the effective date,
or until expiration of any franchise or designation of service area granted
pursuant to the ASA Plan, whichever occurs first. If the ten year period
described herein occurs first, the term of this franchise may be extended, by
ordinance, to a subsequent date coinciding with the expiration of any franchise
granted pursuant to the ASA Plan, provided that a finding is made by the City
that Grantee has fully complied with the terms and provisions of this Franchise
and remains in good standing in respect to any such franchise granted pursuant
to the ASA Plan.
Grantee shall furnish ambulance service
Section 6. Rates and Charges.
within the corporate limits of the City of Woodburn as requested and required in
a prompt, efficient and effective manner; and in accordance with rates and
Page 2– Council Bill No.
Ordinance No.
21
charges made to persons receiving ambulance service as set forth by Council
Resolution 1985.In determining the appropriate rates to be charged by
Grantee, the City Council shall consider, but not be limited to:
(1)The current and projected costof providing such service;
(2)The impacts of operating and capital needs, regulatory
compliance, and technological change;
(3)The investment and rate of return required of, or earned by, the
Grantee;
(4)The rates charged in other cities for similar service;
(5)The public interest in assuring reasonable rates to enable the
Grantee to provide effective and efficient services.
Grantee shall
Section 7. Compliance with Laws, Rules and Regulations.
at all times comply with all applicable laws, rules and regulations of the United
States of America, the State of Oregon, including all agencies and subdivisions
thereof, and the City of Woodburn, having jurisdiction over the operation of
ambulance services.
Upon the effective date of this Franchise,
Section 8. Performance Bond.
Grantee shall furnish proof of the posting of a performance bond running to
City, with good and sufficient surety approved by City, in the penal sum of
$50,000, conditioned that Grantee shall well and truly observe, fulfill, and
perform each term and condition of this Franchise. Grantee
shall pay all premiums charged for the bond, and shall keep the bond in full
force and effect at all times throughout the term of this Franchise. The bond
shall contain a provision that it shall not be terminated or otherwise allowed to
expire without 30 days prior written notice first being given to City. The bond
shall be reviewed and approved as to form by the City Attorney.
The rates provided in Section 6
Section 9. Revision of Rates and Fees.
hereof, may be changed and revised, either upward or downward, after public
notice and hearing before the City Council. Grantee is permitted to request a
rate review and possible increases in rates annually, but the decision to grant or
deny any changes in rates shall be made by the City Council only after all other
provisions of this Ordinance pertaining to rates and charges have been met.
For the privilege of the Franchise herein
Section 10. Franchise Fee.
granted, and as compensation for use of the City's streets and rights of way, the
Page 3– Council Bill No.
Ordinance No.
22
Grantee shall pay to the City, through its Finance Director, a quarterly Franchise
Feebased on the Franchisee’s gross revenue derived from calls for service within
the City of Woodburn’s city limits for the calendar year ended the previous
December 31. The quarterly Franchise Feewill be calculated as one percent
(1.0%) of the Franchisee’s gross revenue earned in Woodburn divided by four
(4).
The Franchise Fee shall be due and payable no later than thirty (30) days
following the end of each calendar quarter. The first such payment, for the
fourth calendar quarter of 2012, shall be due and payable no later than January
30, 2013, with subsequent payments under this section due and payable no later
than thirty (30) days following the end of each succeeding calendar quarter.
To facilitate the City's ability to properly monitor this Franchise, Grantee shall
furnish to the City's Finance Director, no later than May 31st of each year, a
detailed annual statement,signed by a Certified Public Accountant, outlining
the nature of Grantee's revenues and expenditures during the preceding
calendar year. If requested in writing by the City, the Grantee shall, upon
provision of reasonable advance notice, permit the City's Finance Director, or
designee, to examine the books of the Grantee. The City shall further have the
right to audit Grantee’s records, to make transcripts therefrom and toinspect all
program data, documents, proceedings, and activities.
All patient transporting
Section 11. Ambulance and Equipment Required.
vehicles in the City of Woodburn shall conform to the State of Oregon
requirements of ORS Chapter 682 and be licensed for an Advanced Life Support
(ALS) unit as defined by The Oregon AdministrativeRules. All ALS and BLS
vehicles shall maintain the minimum equipment prescribed by state law, and as
may be further required under the ASA Plan. Grantee shall provide a minimum
of two (2) operable and properly equipped ALS Units at all times.
Grantee shall equip all
Section 12. Emergency Radio Communications.
vehicles and comply with all emergency radio communications requirements of
the ASA Plan or of the Intergovernmental Agreement creating the NORCOM
emergency communications agency.
All ambulances answering 9-1-1 emergency
Section 13. Levels of Care.
calls originating in the City of Woodburn shall be ALS Level, with minimum
staffing of one EMT-Paramedic and one EMT-Basic. Staffing shall further conform
to the requirements of state law.
. Grantee shall maintain in full force and effect at
Section 14. Insurance
its own cost and expense, during the term of the Franchise, Comprehensive
Page 4– Council Bill No.
Ordinance No.
23
General Liability Insurance in the amount of $1,000,000 combined with a single
limit for bodily injury, and property damage. Grantee shall provide to the
Finance Director a Certificate of Insurance designating the City of Woodburn as
an additional insured. Such insurance shall be noncancellable except upon
thirty (30) days prior written notice to the City.
Grantee shall make available said
Section 15. Business Hours.
ambulance services within the City 24 hours per day, seven days per week; and
shall maintain a business office with reasonable office hours, open to the public
at least five days per week, excluding holidays, within the corporate limits of the
City of Woodburn.
Grantee shall keep for five years a
Section 16. Record of Transport Calls.
written record of all transport calls received or made, setting forth the date,
time, destination, nature of call, name and address of the patient so far as can
be ascertained, the hospital or place to which the patient was taken, the
names of all ambulance attendants for that particular call, along with the
amounts of charges billed or collected from any such transport or service.
The Woodburn Fire District,
Section 17. Alternative Ambulance Service.
NORCOM, or any other public safety officer may call an ambulance service
other than the Grantee if Grantee's ambulances are otherwise in use and
unavailable.
Grantee shall not sell, assign, dispose of
Section 18. Transfer of Franchise.
or transfer in any manner whatsoever any interest in this Franchise, nor the
controlling company of Grantee, without prior approval by the City expressed
by resolution of its City Council.
Grantee shall defend,
Section 19. Indemnity and Hold Harmless.
indemnify, and hold the City of Woodburn, its officers, agents and employees,
harmless against all liability, loss or expenses, including attorney's fees, and
against all claims, actions or judgments based upon or arising out of damage or
injury (including death) to persons or property caused by any act or omission or
an act sustained in connection with the performance of Grantee under its
Franchise.
Notwithstanding any requirements
Section 20. Interruption of Service.
contained in the ASA Plan, in the event the City finds that failure or threatened
failure of ambulance service would adversely impact the health, safety or
welfare of the residents of this city, the City Council may, after a minimum of 24
hoursnotice to the Grantee, hold a public hearing and authorize another
Franchisee or other person to provide ambulance service, whether it be on an
Page 5– Council Bill No.
Ordinance No.
24
interim emergency or longer term basis. As a condition to this Franchise, the
Grantee agrees that any real property, facilities or equipment, which is the
property of Grantee, may be used by the City to provide ambulance services
during said situation, as determined by the findings of the City Council at the
above-mentioned public hearing. The City shall return any such property of the
Grantee upon abatement of the situation which prompted City use of such
property.
In the event the City's power and authority under this section is exercised, the
usual charges for service shall prevail and Grantee shall be entitled to collect for
such usual services, but shall reimburse the provider of such ambulance services
for its actual costs, as determined by the City. In no event shall the City collect
more in reimbursement than could have been charged by Grantee for the
provision of such services. In the event that the City and Grantee are unable to
agree to reasonable and proper compensation for reimbursement for such
services to the City in such situation, then each party shall name an arbitrator
within ten (10) days of notice thereof, and such arbitrators shall, within five (5)
days thereafter, name a third arbitrator, and the award or decision of such
arbitrators as to the aforesaid matters shall be deemed conclusive upon the
parties hereto as to any such matters in dispute. In the event that either party
hereto, or the arbitrators chosen, shall fail or neglect to comply with the terms of
this arbitration agreement, then the same shall be carried into effect in the
manner and as provided by ORS 36.600 through 36.740.
This Franchise may be canceled or
Section 21. Termination of Franchise.
revoked by the City in the event that Grantee shall fail to abide by the terms,
conditions, and obligations set forth and imposed upon it herein, but such
cancellation or revocation shall not be made until after thirty (30) days' written
notice is given to Grantee. Grantee shall be afforded a hearing, before the City
Council, provided such hearing is requestedin writingbefore the expiration of
the 30 days. Grantee shall also have the privilege of terminating this Franchise in
case the City of Woodburn shall not abide by its terms, on the same terms and
conditions described above, upon satisfactory demonstration to the City
Council that the City has not so abided.
All remedies under this Ordinance,
Section 22. Remedies Not Exclusive.
including termination of the Franchise, are cumulative, and recovery or
enforcement of one is not a bar to the recovery or enforcement of any other
remedy. Remedies contained in this ordinance, including termination of the
Franchise, are not exclusive and the City reserves the right to enforce penal
provision of any ordinance and also use any remedy available at law or in
equity. Failure to enforce any provision of this ordinance shall not be construed
Page 6– Council Bill No.
Ordinance No.
25
as a waiver or a breach of any other term, condition or obligation of this
ordinance.
Grantee shall meet with the City
Section 23. Evaluation of Service.
Administrator and other City officials and staff annually or semi-annually, as
requested by the City Administrator, to evaluate the service rendered under this
Franchise or review any concern as may be existing with the ambulance
service.
The provisions of this ordinance are severable. If
Section 24. Severability.
a portion of this ordinance is for any reason held by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the
remaining portions of the ordinance.
Ordinance 2324 is hereby
Section 25. Repeal of Existing Ordinances.
repealed on the effective date of this ordinance.
Grantee shall, within thirty (30) days from the
Section 26. Acceptance.
date this ordinance takes effect, file with the City its written unconditional
acceptance of this franchise in the form attached hereto as Exhibit "A", and if
Grantee fails to do so, this ordinance shall be void.
This Ordinance being
Section 27.Emergency Clause and Effective Date.
necessary for the immediate preservation of the public peace, health and
safety, so that franchisedambulance service can continue, an emergency is
declared to exist and this Ordinance shall take effect on October I, 2012 and
shall remain in effect until modified or rescinded by ordinance of the City
Council.
Approved as to form:
City AttorneyDate
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
Page 7– Council Bill No.
Ordinance No.
26
ATTEST:
Heather Pierson, Assistant City Recorder
City of Woodburn, Oregon
Page 8– Council Bill No.
Ordinance No.
27
EXHIBIT “A”
ACCEPTANCE OF FRANCHISE
the City of Woodburn, Oregon under date of
WHEREAS,
__________________passed Ordinance No. ____ entitled as follows:
AN ORDINANCE GRANTING WOODBURN AMBULANCE SERVICE, INC., A
NON-EXCLUSIVE FRANCHISE TO OPERATE ANAMBULANCE SERVICE IN THE
CITY OF WOODBURN; DEFINING TERMS AND CONDITIONS OF SAID
FRANCHISE; AND REPEALING ORDINANCE 2324; DECLARING AN
EMERGENCY AND SETTING AN EFFECTIVE DATE
, the undersigned, Woodburn Ambulance Service, Inc.,
NOW, THEREFORE
the Grantee named in said Ordinance does for itself and its successors and
assigns unconditionally accept the terms, conditions and provisions of
Ordinance No. _____ and agree to be bound thereby and comply therewith.
the Woodburn Ambulance Service, Inc. has caused
IN WITNESS WHEREOF,
this instrument to be executed by its officer as below subscribed this
__________day of___________, 2012.
WOODBURN AMBULANCE SERVICE, INC.
By: __________________
Printed Name:
Title:
Received by the City of Woodburn, this _______day of ____________2012.
CITY OF WOODBURN
By: __________________
Printed Name:
Title:
Page 9– Council Bill No.
Ordinance No.
28
Agenda Item
September 10, 2012
TO:Honorable Mayor and City Council through City Administrator
FROM: Jim Hendryx, Directorof Economic & Development Services
SUBJECT:
Highway 99E Corridor Plan (CPA 2012-02 and LA 2012-01)
RECOMMENDATION:
Adopt Ordinance 2492, theHighway 99E Corridor Plan (CPA 2012-02 and LA
2012-01)
BACKGROUND:
The City applied for a Transportation and Growth Management (TGM) grant in
2009 to develop a corridor plan for Highway 99E. This has been a cooperative
effort betweenthe Oregon Department of Transportation(ODOT), Marion
County, the City, consultants,residents and business owners. Over the past two
years, concepts have been developed and refined in a series of public
workshops. The Corridor Planhas gonethrough the public hearing process,
holding 3 open houses, 5Citizen Advisory Committee meetings, and hearings
before the Planning Commission and City Council. The Planning Commission
conducted an additional public hearing on June 14, recommending three
modifications to the proposed plan. They forwardedit to the Council, with a
unanimous recommendation of approval.
On July 9, 2012 the City Council considered the Planning Commission’s
recommendations at a public hearingandtentatively approved
Comprehensive Plan Amendment CPA 2012-02 and Legislative Amendment LA
2012-01, the Highway 99E Corridor Plan, as recommended by the Commission.
At the conclusion of the public hearing, staff was directed to prepare and
submit to the City Council the documents necessary to formally adopt the
Highway 99E Corridor Plan.
DISCUSSION:
Ordinance 2492adopts the 99E Corridor Plan, makes text amendments to the
Woodburn Comprehensive Plan, amends the Woodburn Comprehensive Plan
Agenda Item Review:City Administrator ___x___City Attorney __x____Finance __x___
29
Honorable Mayor and City Council
September 10, 2012
Page 2
Map, amends the Transportation System Plan, makes text amendments to the
Woodburn Development Ordinance and amends the Official Zoning Map.
Also, the Economic and Development Services Director is directed to
administratively incorporate and implement all of these City Council actions.
FINANCIAL IMPACT:
This decision is anticipated to have no financial impactto the City at this time.
Implementation of the Corridor Plan will be funded primarily by ODOT as
Highway 99E is improved. The City will be implementinglocal improvements
through the Capital Improvement Plan, which is considered to bepart of the
budget process.
ATTACHMENT:
Ordinance 2492
30
COUNCIL BILL NO. 2901
ORDINANCE NO. 2492
AN ORDINANCE ADOPTING THE HIGHWAY 99E CORRIDOR PLAN; MAKING TEXT
AMENDMENTS TO THE WOODBURN COMPREHENSIVE PLAN;AMENDING THE
WOODBURN COMPREHENSIVE PLAN MAP; AMENDING THE WOODBURN
TRANSPORTATION SYSTEM PLAN;MAKING TEXT AMENDMENTS TO THE WOODBURN
DEVELOPMENT ORDINANCE; AMENDING THE OFFICIAL ZONING MAP; AND
DIRECTING THE ECONOMIC AND DEVELOPMENT SERVICES DIRECTOR TO
ADMINISTRATIVELY INCORPORATE AND IMPLEMENT THESE ACTIONS
, the City receiveda grant from the Oregon Transportation and
WHEREAS
Growth Management Program to help fund the Highway 99E Corridor Plan (“the
Plan”);and
,on September 27, 2010, the City Council appointed a Citizens
WHEREAS
Advisory Committee (CAC) consisting of 14 members to make
recommendations to the City Council as to the development of the Plan; and
,there was an extensive public outreach in the development of
WHEREAS
the Plan, includingfive CAC meetings, two business and property owner
meetings, three open houses and one joint Planning Commission/City Council
Work Session; and
, on June 14, 2012, the Planning Commission conducted a public
WHEREAS
hearing on the Planand recommended City Council approval; and
, on July 9, 2012, the City Council conducted a public hearing on
WHEREAS
the Plan,approved the Plan in conceptand directed staff to return with the
documents necessary to formallyadopt thePlanas a legislative land use action;
NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
The Highway 99E Corridor Plan,affixed to this Ordinance as
Section 1.
Attachment A, is adopted.
The textof the WoodburnComprehensive Plan is amended as
Section 2.
provided in Attachment B, which is affixed hereto.
The WoodburnComprehensive Plan Map is amended to
Section 3.
designate as Commercial all properties within the Mixed Use Village Zone, as
provided in Attachment C, which is affixed hereto.
Page 1- Council Bill No. 2901
Ordinance No. 2492
31
The Woodburn Transportation System Plan is amended as
Section 4.
provided in Attachment D,which is affixed hereto.
The text of the Woodburn Development Ordinance (“the
Section 5.
WDO”)is amended as provided in Attachment E, which is affixed hereto.
The Official Zoning Map is amended as provided in
Section 6.
Attachment F, which is affixed hereto.
Consistent with Figure 12 of the Plan, affixed to this
Section 7.
Ordinance as Attachment G, the Director of Economic and Development
Services (“the Director”) shall initiate a future legislative zone change of the
corridor properties shown in Figure 12 to the Mixed Use Village Zone after the
improvement of Highway 99E has been completed.
The Director is further directed to administratively implement
Section 8.
and incorporate all modifications to the land use regulations specified in this
Ordinance.
Approved as to form:__________________________ __________
N. Robert Shields, City Attorney Date
Approved: ___________________________
Kathy Figley, Mayor
Passed by the Council __________________________
Submitted to the Mayor __________________________
Approved by the Mayor __________________________
Filed with the Office of the Recorder __________________________
Attested: ___________________
Heather Pierson, Assistant City Recorder
City of Woodburn, Oregon
Page 2- Council Bill No. 2901
Ordinance No. 2492
32
ͻͻCorridorPlan
ͷͶǡͶͷ
33
The Highway 99E Corridor Plan was prepared by Angelo Planning Group, DKS Associates, SERA
Architects, and Cogan Owens Cogan in partnership with the City of Woodburn and the Oregon
Department of Transportation.
This project is partially funded by a grant from the Transportation and Growth Management (“TGM”)
Program, a joint program of the Oregon Department of Transportation and the Oregon Department of
Land Conservation and Development. This TGM grant is financed, in part, by federal Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), local government, and the
State of Oregon funds.
The contents of this document do not necessarily reflect views or policies of the State of Oregon.
Acknowledgements
Special thanks to members of the Citizens Advisory Committee, Technical Advisory Committee, Project
Management Team, Planning Commission, City Council, and the public who participated in the review
and shaping of the Corridor Plan.
Arnoldo Benavidez, Benavidez Tire & Wheel Eric Morris, Woodburn City Councilor
Rob Carney, Woodburn resident Alfredo Paniagua, Los Paniaguitas Produce
Bruce Crane, Historic Woodburn David Paradis, Easy Storage
Neighborhoods Association
Scott Roske, Food Service of America
Gerald Curtis, Shalimar Estates property owner
Darcy Ruef, Al’s Garden Center
Dick Jennings, Woodburn Planning Commission
Janice Webb, Webb Chiropractic
Kelly Long, Long Brothers Building Supply
Ruby Wolfer, West Coast Bank
Mindy Mayer, McDonald’s
i
34
Committee
Dan Brown, P.E., City of Woodburn Public Ann M. Batten, PE, ODOT Region 2 Traffic
Works Director Analyst
Rodger Gutierrez, ODOT Pedestrian & Bicycle
Dan Fricke, ODOT Senior Region 2 Planner
Facility Specialist
Michael "Swede" Hays, ODOT Rail Division
Railroad Compliance Specialist Angela Kargel, ODOT Region Traffic Engineer
Chris Bailey, PEODOT Region 2 Senior Dorothy Upton, ODOT Senior Transportation
,
Preliminary Analyst
Michael Morales, ODOT Region 2 Senior Michael Bufalino, ODOT Freight Mobility
Environmental Project Manager Planner
Steven M. Oulman, AICP, Mid-Willamette Valley Jamie Hollenbeak, P.E., Access Management
Council of Governments Regional
Project Delivery Coordinator
Representative, and Oregon Department of
Joe Gray, ODOT Right of Way Utilities Manager
Land Conservation and Development
Melissa Mallott, ODOT Senior Right of Way
Karen G. Odenthal, Marion County Civil
Agent
Engineering Associate
Dave Sutkowski, ODOT Region 2 Assistant
Lester Sasaki, Marion County Principal Planner
District Manager
Brandon Reich, Marion County Associate
Planner
Jim Hendryx, City of Woodburn Economic & Development Services Director
Naomi Zwerdling, ODOT Senior Region 2 Planner
Pla
Ellen Bandelow Kathy Figley, Mayor
Sharon Corning Dick Pugh, Councilor - Ward 1
Lisa Ellsworth Mel Schmidt, Councilor - Ward 2
Patty Grigorieff Pete McCallum, Councilor - Ward 3
Richard Jennings Jim Cox, Councilor - Ward 4
Claudio Lima Frank Lonergan, Councilor - Ward 5
Charles Piper Eric Morris, Councilor - Ward 6
ii
35
I. Introduction .......................................................................................................................................... 1
II. Planning Process, Public and Agency Involvement ............................................................................... 3
Overview ................................................................................................................................................... 3
Project Kick Off and Vision ........................................................................................................................ 3
Background and Existing Conditions ......................................................................................................... 3
Developing and Refining Corridor Concepts.............................................................................................. 3
Selecting a Preferred Alternative .............................................................................................................. 4
Refining the Preferred Alternative ............................................................................................................ 4
Adoption of the Corridor Plan ................................................................................................................... 5
III. Plan Vision, Goals and Guiding Principles ......................................................................................... 5
Vision Statement ....................................................................................................................................... 5
Guiding Principles for the Highway 99E Corridor Plan .............................................................................. 5
IV. Existing Conditions and Opportunities ............................................................................................. 6
Regulatory Framework .............................................................................................................................. 6
Existing Access Conditions ......................................................................................................................... 7
Transportation Conditions ........................................................................................................................ 7
Existing Land Use and Urban Design ......................................................................................................... 8
Corridor Design Tools ................................................................................................................................ 9
V. Corridor Plan Overview ......................................................................................................................... 9
Transportation .......................................................................................................................................... 9
Land Use and Urban Design .................................................................................................................... 11
VI. Mixed Use Village: Urban Design Vision and Redevelopment Potential ....................................... 16
VII. Access Management Strategies ...................................................................................................... 23
Access Management Overview and Benefits .......................................................................................... 23
Existing Access Management Requirements .......................................................................................... 24
Access Management Plan Objectives...................................................................................................... 25
Recommended Actions ............................................................................................................................ 27
Access Management Tools ...................................................................................................................... 28
VIII. Summary of Proposed Implementation Measures ......................................................................... 28
Overview ................................................................................................................................................. 28
City of Woodburn Comprehensive Plan................................................................................................... 28
Woodburn Transportation System Plan .................................................................................................. 29
City of Woodburn Development Ordinance ............................................................................................ 30
Urban Renewal Plan ................................................................................................................................ 34
Marion County ........................................................................................................................................ 34
ODOT ....................................................................................................................................................... 35
iii
36
Figures
Figure 1: Highway 99E Corridor Plan Primary and Secondary Study Areas .................................................. 2
Figure 2: Key Corridor Enhancements ........................................................................................................ 12
Figure 3: Roadway Cross-sections for Highway 99E ................................................................................... 13
Figure 4: Highway 99E / Young Street Intersection Short-Term Modification Concept: Turn Restrictions 14
Figure 5: Highway 99E / Young Street Intersection Long-Term Modification Concept: Street Closures with
Street Vacation ........................................................................................................................................... 15
Figure 6: Redevelopment Potential in Young Street Mixed Use District .................................................... 18
Figure 7: Redevelopment Potential South of Lincoln Street in Segment 3 ................................................ 19
Figure 8: Desirable Site Configurations for Redevelopment in Young Street Mixed Use District .............. 20
Figure 9: Desirable Building Façade Treatments in Young Street Mixed Use District ................................ 21
Figure 10: Visual Simulation of Highway 99E and Young Intersection Before and After Mixed Use
Redevelopment and Streetscape Enhancements ....................................................................................... 22
Figure 11: Conflict Point Reduction with Driveway Consolidation ............................................................. 24
Figure 12: Mixed Use Village Boundaries and Phasing ............................................................................... 33
Tables
Table 1: Study Area Access Management Spacing Standards .................................................................... 25
Appendices
Appendix A: Comprehensive Plan Amendments
Appendix B: Transportation System Plan Amendments
Appendix C: Amendments to Woodburn Development Ordinance
Appendix D: Typical Development Footprints and Parking Requirements
Appendix E: Access Management Tools
The following documents were created during the course of the project. Supporting documents
summarize input obtained during public meetings, document background conditions, and describe in
detail alternatives considered but not ultimately adopted. They are currently available on the project
website and will be archived at the City’s Planning Division where they can be viewed upon request.
Technical Memoranda
Technical Memorandum #1: Plan and Policy Review
Technical Memorandum #2: Existing Access Conditions
Technical Memorandum #3: Existing and Future No Build Traffic Conditions
Technical Memorandum #4: Land Use and Urban Design Analysis
Technical Memorandum #5: Opportunity Design Toolbox
iv
37
Alternatives Development and Evaluation Reports and Early Corridor Plan Documents
Draft Corridor Plan Design Concepts
Final Corridor Plan Design and Land Use Options Evaluation Report and Traffic Technical Appendix
Corridor Plan Implementation Report
Meeting Summaries
November 17, 2010 CAC Meeting Summary
February 9, 2011 CAC Meeting Summary
May 10, 2011 CAC Meeting Summary
September 7, 2011 CAC Meeting Summary
September 8, 2011 Planning Commission Workshop Summary
December 14, 2011 CAC Meeting Summary
v
38
I.Introduction
Highway 99E is a state highway that runs through the eastern edge of the City of Woodburn. The
highway serves as a major north and south transportation route between Wilsonville and Salem, is one
of the city's main transportation corridors, and provides access to numerous businesses. The City of
Woodburn obtained a grant from the state’s Transportation and Growth Management (TGM) program
to develop a plan for the corridor in order to facilitate the revitalization of the corridor as a viable, safe
and sustainable business district. To this end, the planning process addressed the following issues:
Economic Development;
Motor Vehicle Mobility & Safety;
Pedestrian / Bicycle Access & Safety;
Property Access;
Corridor Aesthetics; and
Neighborhood Connections.
The primary Study Area for the Corridor Plan follows the Highway 99E corridor from the proposed
southern Woodburn Urban Growth Boundary (just south of Belle Passi Road) to the northern Urban
Growth Boundary (near the intersection of Highway 99E and Carl Road, north of Industrial Way), as
shown in Figure 1 on the following page. The primary Study Area focuses on commercial properties
directly adjacent to Highway 99E. A broader secondary Study Area, extending a half-mile on either side
of the highway, was also established in order to include adjacent neighborhoods and explore possible
local street connections.
The Highway 99E Corridor Plan identifies needed transportation improvements, recommends
appropriate land uses, and illustrates the urban design vision for the section of Highway 99E running
through the City of Woodburn. The Corridor Plan also identifies the policies, regulations, and actions
necessary to implement this vision. Implementation measures include amending the City’s
Transportation System Plan (TSP), Comprehensive Plan, and Development Code to implement the land
use, urban design, access management, and transportation improvements associated with the Corridor
Plan. The details of the proposed policy and regulatory amendments are included in a series of
appendices at the end of this report.
ͿͿ
1
Ͷͷ
39
Figure 1: Highway 99E Corridor Plan Primary and Secondary Study Areas
ͿͿ
2
Ͷͷ
40
II. ǡ
Overview
This section summarizes the development of the Highway 99E Corridor Plan and the public and agency
involvement that shaped it. The planning process was steered by a “Project Team” made up of City staff
and a team of consultants, which had responsibility for the project schedule and developing materials
1
for public review and comment. A Technical Advisory Committee (TAC), which included County and
ODOT staff, served as technical reviewers and provided specialized expertise to the project. A Citizen’s
Advisory Committee (CAC) was established to provide business, neighborhood and property owner input
into the planning process. The membership of both the TAC and CAC are listed in the Acknowledgements
section.
Project Kick Off and Vision
At the outset of the Highway 99E Corridor Plan project, the City recruited participation in the project’s
Citizens’ Advisory Committee (CAC) from business and property owners along the full length of the
corridor. At the project kick off meeting on November 17, 2010, the Project Team presented the CAC an
overview of corridor planning, solicited input from CAC members on their vision for the corridor and
their goals for the project, and toured the study area with City staff and members of the CAC. The City
Council also provided input on the vision and guiding principles for the project at their meeting on
December 20, 2010.
Background and Existing Conditions
The Project Team next examined the existing policy and regulatory environment that guides planning in
the corridor, documented existing and future land use and transportation conditions, and introduced
land use and design concepts that exist or could be implemented along the corridor. This information
was shared with the public through the project website and was presented and discussed over the
course of two meetings with the CAC and two meetings with property owners in the corridor and
representatives of the business community. A Planning Commission briefing on the project, which was
open to the public, was held March 24, 2011 to review the goals and principles guiding the project, to
present background information pertinent to planning the future of the corridor, and to explore
transportation and design elements applicable to Highway 99E.
Developing and Refining Corridor Concepts
Input obtained during the first phase of the project from citizens, the business community, and City staff
about issues of concern and desired outcomes regarding corridor aesthetics, traffic and pedestrian
mobility, and safety led to the development of five corridor design concepts. The Highway 99E Draft
Corridor Plan Design Concepts Report (May 3, 2011) presented these five distinct corridor design
concepts, each of which took a different approach to addressing transportation, land use, and urban
1
During the development of the Corridor Plan, project materials developed for all meetings and summaries of the proceedings
were made available through a project website (http://www.woodburn99e.com). These materials are currently available on the
project website and will be archived at the City’s Planning Division at the conclusion of the project where they can be viewed
upon request.
ͿͿ
3
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41
design elements. The corridor design concepts illustrated how roadway design and an associated
package of land use and urban design measures can influence how the corridor could look and feel to
those who use it in the future. The CAC, the TAC, Planning Commission, and members of the business
community met in four separate meetings during May 2011 to consider the options presented in the
Design Concepts Report and provide guidance on which options to study further.
Input obtained during the May meetings regarding desired design elements in the corridor helped the
Project Team reduce the number of concepts from five to two and to refine the remaining concepts,
entitled Concept 1: “Limited Improvements” and Concept 2: “Mixed Use Village. ” These two concepts
were evaluated in greater detail in the Highway 99E Corridor Plan Design and Land Use Options
Evaluation Report (October 5, 2011).
Selecting a Preferred Alternative
The CAC, TAC, and the Planning Commission had the opportunity to discuss the merits of the two
concepts presented in the Evaluation Report during three separate meetings in early September 2011.
The two concepts and their strengths and weaknesses were also presented to the public through
th
displays in the library and local businesses and during an open house on September 8, 2011. Comment
cards were made available at these venues and members of the public were asked to share their
questions, ideas, and concerns about the two concepts. The concepts were also presented to the City
th
Council on September 24 for their input and recommendations for a preferred alternative.
Feedback received through this public outreach regarding the two concepts is summarized below:
The TAC did not identify any fatal flaws with either concept, and concluded that the Oregon
Department of Transportation (ODOT) could most likely support either alternative.
The CAC was unable to reach consensus on a preferred alternative. Some members preferred
the roadway design of Concept 2 but were unsure whether the land use pattern identified was
appropriate for the community. Others felt that Concept 1, being less costly and having fewer
impacts on existing businesses, was preferable. Most were open to either concept.
Input from comment forms associated with the displays set up in the community in advance of
the open house favored Concept 2, with seven of nine in favor of Concept 2, and the remaining
two not liking either alternative.
Most open house attendees expressed a preference for Concept 2.
Of the Planning Commissioners, three preferred Concept 2; one was in favor of Concept 1.
The City Council, including the four city councilors and mayor, identified Concept 2 as the
preferred alternative that should move forward.
Based on this input, Concept 2 was identified as the Highway 99E Corridor Plan Preferred Alternative.
Refining the Preferred Alternative
Based on public input from the alternatives evaluation stage, the Project Team refined the preferred
alternative and identified specific implementation actions and implementing plan and code
amendments in the Highway 99E Corridor Plan Draft Implementation Report (December 6, 2011). The
Draft Implementation Report was presented to the TAC and CAC in meetings on December 14, 2011.
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Feedback from those meetings led to additional refinements to the implementation measures, which
are reflected in the Corridor Plan.
Adoption of the Corridor Plan
The Corridor Plan was reviewed at a joint Planning Commission and City Council Work Session on March
26, 2012 in preparation for adoption and public hearings. The Planning Commission recommended
approval at a June 14, 2012 public hearing, with some slight modifications. The Planning Commission
recommended: 1) a new policy supporting ODOT coordination with property owners during project
development to consider minimizing impacts to existing development; 2) restricting residential
development on parcels adjacent to industrially zoned land; and 3) a revised graphic for the interim
Young / Cleveland intersection showing right-in/out on Highway 99E (Figure 4). The City Council adopted
the plan, including the Planning Commission’s recommended modifications, on September 10, 2012.
III.ǡ
The following vision and guiding principles for the project were developed by the CAC and City Council,
as described in Section II.
Vision Statement
Highway 99E is a vibrant, safe and sustainable business district easily accessible to shoppers traveling by
car, bike or on foot. The corridor is aesthetically pleasing and provides opportunities for business
interaction with adjacent neighborhoods, the greater Woodburn community, and those travelling on
Highway 99E. All traffic moves efficiently, safely, and at reasonable speeds both within and through the
corridor.
Guiding Principles for the Highway 99E Corridor Plan
The physical environment and viability of businesses along the Highway 99E Corridor is supported and
enhanced by the Corridor Plan recommendations. The project recommendations facilitate the
revitalization of the corridor as a viable, safe, and sustainable business district
Ƭ
Highway 99E is a designated State Regional Highway and Truck Route. Improvement strategies in the
corridor will recognize and support this function for through and freight traffic using the corridor.
Competing Highway 99E transportation needs are balanced through land use and transportation
strategies that guide future development, property access, and improvements within the corridor.
The Corridor Plan provides guidance and recommendations on how the visual appearance of the
Highway 99E Corridor can be improved overtime through land use, design and streetscape strategies
and enhancements.
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Key east-west connections to adjacent residential neighborhoods are identified and methods to improve
access and connectivity between neighborhoods and the Highway 99E Business District are identified.
Ȁ Ƭ
Recommended improvements in the Highway 99E Corridor include pedestrian / bicycle enhancements
that improve safety, reduce potential conflicts, and provide an improved physical environment for these
activities.
Ȁ
Key corridor project improvements and implementation steps clearly describe:
Prioritization
Timing / Phasing
Roles and Responsibilities
Funding Opportunities
Ȁ
The Corridor Plan planning process provided property and business owners along Highway 99E, as well
as other community Stakeholders, the ability to be engaged throughout the process, contribute to the
recommendations, and understand the reasons behind and consequences of the recommendations of
the Highway 99E Corridor Plan.
IV.
Regulatory Framework
Highway 99E is a state highway under the jurisdiction of the ODOT. As such, it is subject to a variety of
state transportation policies and regulations governing access, design, acceptable congestion levels,
vehicle carrying capacity, safety, and other issues.
Land use along Highway 99E is regulated by the City of Woodburn and, in unincorporated areas, Marion
County. The City’s Comprehensive Plan provides policy-level guidance about land use, while the
Woodburn Development Ordinance (WDO) is the regulatory document that implements the goals,
policies, and objectives expressed in the City’s Comprehensive Plan. The City’s Transportation System
Plan (TSP) identifies the transportation facilities and services needed to support the planned land uses
for the next 20 years. The TSP contains goals and policies as well as plans for streets, transit, pedestrian,
2
bicycle, and rail facilities.
2
The relevant documents, policies, and regulations affecting the Highway 99E corridor are summarized in Technical
Memorandum #1: Plan and Policy Review (April 7, 2011). This document is currently available on the project website, and will
be archived at the City’s Planning Division where it can be viewed upon request.
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44
Existing Access Conditions
There are frequent access points (driveways) along the length of Highway 99E within the study corridor.
In certain areas, the location and number of the accesses exceed what ODOT’s access spacing standards
would allow. This situation is particularly pronounced between Industrial Avenue and Cleveland Street.
When access points are too closely spaced, more vehicles entering and exiting the road translates to
more slow-downs and more opportunities for crashes. Also, pedestrians and cyclists are exposed to
traffic as they cross driveways; the more driveways, the greater chance of conflict between motor
vehicle traffic and pedestrians and cyclists.
The high number of access points on Highway 99E is largely a result of the small commercial parcels that
front on Highway 99E and development patterns that limit connections between adjacent properties.
Many of the driveways are also very wide and poorly defined (i.e. no curb), increasing safety concerns,
especially for pedestrians. While significant improvement can be made, it is not reasonable to expect
that the spacing standards can be achieved given the constraints present. Furthermore, the need for
access to existing development must be carefully weighed when considering the nature and timing of
3
access improvements.
For more information on access management, see Section VII, beginning on page 23.
Transportation Conditions
A review of existing transportation conditions and an evaluation of future traffic in the corridor based on
4
the current zoning and planned transportation improvements identified the following deficiencies:
There is substantial pedestrian activity along Highway 99E; however, pedestrian facilities are
missing or inadequate in some places. Specifically, sidewalk infill is needed to fill gaps along
Highway 99E between Lincoln Street and a point just south of Cleveland Street, and sidewalk
construction is needed along Highway 99E from a point just south of Cleveland Street to the
proposed southern Urban Growth Boundary. In addition, there are frequent obstructions in the
existing sidewalks from objects such as mailboxes and utility poles.
Bicycle facilities are needed along Highway 99E between Lincoln Street and a point just south of
Cleveland Street.
Bicycle and pedestrian crossing enhancements are needed along the Highway 99E corridor to
supplement the existing signalized crossings.
Existing bus stops have no amenities such as shelters and benches.
The segment of Highway 99E surrounding Young Street through Cleveland Street has a history of
frequent crashes.
As a result of the projected increase in traffic on the corridor (from an average of 21,500
vehicles per day in 2009 at the busiest part of the corridor to an average of 23,550 vehicles per
3
Existing access points are documented in Technical Memorandum #2: Existing Access Conditions (March 9, 2011). This
document is currently available on the project website and will be archived at the City’s Planning Division where it can be
viewed upon request.
4
The full analysis of existing and future “No Build” transportation conditions is documented in Technical Memorandum #3:
Existing and Future No Build Traffic Conditions (April 5, 2011). This document is currently available on the project website and
will be archived at the City’s Planning Division where it can be viewed upon request.
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45
day at the same point, just south of Lincoln, in 2035), a few intersections are projected to have
congestion above the acceptable level in 2035. Even with future planned improvements in
place, the intersections along Highway 99E at Lincoln Street, the Food Services of America
driveway, and Belle Passi Road will fail to meet Oregon Department of Transportation (ODOT)
mobility standards by the year 2035.
In addition to these, other deficiencies and concerns within the corridor were raised by citizens. These
include:
Illumination is needed to improve visibility at night.
The speed limit in the south end of the corridor is too high.
Geometric improvements are needed at the intersection with Young Street / Highway 214 to
improve truck accessibility.
Significant improvements are needed around the Cleveland Street intersection to enhance
safety.
Congestion in the corridor is significantly worse when there are incidents on I-5 or regional
events occurring.
Pedestrian crossing opportunities are needed – it is unsafe as it is.
The highway should be widened to include two through lanes in each direction further south, at
least beyond the Texaco station.
The median island in the south approach of the Highway 214 / 211 / Highway 99E intersection
has caused safety and operational problems for adjacent properties. The need for this island
should be revisited. It is also difficult to see in the dark.
Existing Land Use and Urban Design
Existing land uses along the corridor range from densely developed commercial to undeveloped
5
farmland. The presence and quality of features such as landscaping, lighting, sidewalks, and signage
varies widely throughout the corridor. The newer developments tend to have better site amenities,
while older developments did not have to provide the same site amenities, in large part because these
sites were developed under older, less exacting regulations.
The northern portion of the corridor, north of OR 214 / OR 211 (Mt. Hood / Molalla), includes an
industrial park, a manufactured housing development, and the MacLaren Juvenile Correctional Facility.
The portion of this area that is within city limits is zoned Industrial Park (IP).
Existing land uses in the central core of the study area (from just north of Mt. Hood / Molalla to just
south of Cleveland) include all scales of retail (from big box to strip malls to small shops), small offices,
restaurants (both dine-in and drive-through), and houses of worship. There are many automobile-
serving businesses including auto repair and service shops, tire sales, and car washes. The
overwhelming majority of the parcels in the central core of the study area are zoned General
Commercial (CG). The dominant site development pattern of commercial properties in the corridor
5
A detailed description of the existing land use and design patterns along the corridor is provided in Technical Memorandum
#4: Land Use and Urban Design Analysis (April 7, 2011). This document is currently available on the project website and will be
archived at the City’s Planning Division where it can be viewed upon request.
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46
consists of a single-story building with a surface parking lot in front of it; however, the size and
configuration of the building and the parking lot vary by site.
Large-scale redevelopment opportunities in the central part of the corridor are limited to the area
around the Mt. Hood / Molalla / Highway 99E intersection. There are a number of small to medium-
scale or infill redevelopment opportunities between Mt. Hood / Molalla and Lincoln. Redevelopment
south of Lincoln will face greater challenges due to the number of smaller and shallow parcels in this
area.
South of Cleveland there is substantial vacant and redevelopable land. Comprehensive Plan designations
in this area include Industrial, Commercial, Low-Density Residential, and Medium-Density Residential.
Existing land uses include a variety of commercial/industrial uses such as self-storage, manufactured
home sales, a bank, automobile repair and salvage, and food processing businesses; a small apartment
complex; a manufactured housing development; and farms.
Corridor Design Tools
A variety of tools and strategies can be used throughout the Highway 99E corridor to improve
pedestrian and bicyclist access, comfort and mobility, corridor aesthetics, and safety for all users in the
corridor. These tools and strategies were identified and described in Technical Memorandum #5:
Opportunity Design Toolbox (April 7, 2011). The Toolbox includes Bicycle and Pedestrian Facilities such
as Crossing Treatments, Sidewalks and Bike Lanes, and Connectivity; Streetscape Elements; Gateways;
Signage; Site Development; Access Management; and Redevelopment Opportunities. The tools
described formed the building blocks of the initial corridor design options developed by the Project
Team, and the most suitable tools have been incorporated into the recommendations in the Corridor
Plan.
V.
The corridor was divided into four segments for the purposes of developing land use and transportation
6
recommendations. The boundaries of the corridor segments are shown on Figure 2. This section
summarizes the key land use and transportation changes associated with the Corridor Plan. These are
also illustrated graphically in Figure 2: Key Corridor Enhancements on page 12.
Transportation
ͻͻ-Sections
The Corridor Plan proposes no physical streetscape changes to Highway 99E north of Lincoln (Segments
1 and 2). South of Lincoln (in Segments 3 and 4), the highway would be widened to accommodate bike
lanes, sidewalks, street trees, and room for amenities such as street lights and enhanced transit stops,
bringing the highway up to the City’s adopted Major Arterial standards. While motor vehicle and freight
mobility remains the highway’s primary purpose, the landscaping and wider sidewalks would help make
6
See Draft Corridor Plan Design Concepts (May 2011) for further explanation of how the corridor was divided into segments.
Fundamentally, the four segments reflect differences in existing land use and transportation conditions and, as anticipated in
earlier stages of this project, now reflect different land use, urban design, and transportation solutions.
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47
the highway safer and more attractive for pedestrians. The existing 80-foot right-of-way would need to
expand to approximately 100 feet in Segment 3 (from Lincoln to south of Cleveland) to accommodate
these physical streetscape improvements. South of Cleveland (in Segment 4), the roadway would be
widened from the existing two-lane highway to add a continuous two-way left turn lane, wider
shoulders (also serving as buffered bike lanes), and sidewalks (separated from the travel lanes by a
landscaped buffer or vegetated stormwater swale). Here, these improvements would likely fit within the
existing right-of-way. The proposed cross-sections for each segment of the highway are shown in Figure
7
3: Roadway Cross-sections for Highway 99E on page 13.
The other key modification proposed for the roadway system is a recommended change to street
connections and circulation surrounding the Young Street and Cleveland Street intersections. Currently,
the intersections of Birds Eye and Highway 214 and of Silverton and Highway 99E are located very close
to other intersections and intersect at odd angles, creating a dangerous situation for drivers. This area
has a history of crashes due to these issues.
The Plan proposes to restrict turn movements at these intersections in the short-term, and close them
8
completely and vacating the public street right-of-way in the long term (conceptual illustrations of the
short-term modifications are shown in Figure 4 on page 14; long term conceptual alignments are shown
on Figure 5 on page 15). Consistent with the City’s adopted TSP, a new traffic signal is planned at
9
Cleveland Street and Highway 99E (this is shown on Figure 5). No changes are proposed to the existing
Bird’s Eye Avenue railroad crossing. The intersection of George Street and OR 214 is also recommended
for closure in the long term, once a suitable connection is made at the eastern end of George Street. It
is important to note that the solutions illustrated on pages 14 and 15 are conceptual in nature and are
intended to express a short and long term way forward to improve conditions at this intersection.
Further refinement will take place in close consultation with the business and property owners affected
as engineering designs are produced, prior to any changes being made. The specific needs of the
businesses in the area for vehicle access (including trucks) will be taken into consideration during the
engineering design stage.
The proposed turn restrictions and eventual street closures would enhance safety in the area by
reducing vehicle turning conflicts. In addition, vacation of the street right-of-way that would no longer
be needed after closure of the streets would create an opportunity for lot consolidation (i.e. the
opportunity for a single property owner or developer to acquire a group of properties and bring them
under common ownership), adding approximately 27,000 square feet of developable commercial land at
this highly visible corner location.
7
ODOT Rail Division has advised that a two-way center turn lane on Highway 99E should not approach any closer than 325 feet
to the existing railroad track on either side of the crossing. This is because it is important for drivers to focus on the crossing
and be alert for signals without the added distraction of turn movements, jockeying for position, and potential sideswipe
collisions in the immediate approaches to a crossing. Two-way turn lane traffic is difficult to control and presents a temptation
to motorists to drive around lowered crossing gates.
8
Note that vacation of right-of-way may require action by both the City and ODOT.
9
Prior to installation in this location, a new signal must meet ODOT traffic warrants, have Region 2 Traffic Manager support,
and obtain State Traffic Engineer Office approval.
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10
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48
Additional transportation improvements are identified in Appendix B and summarized briefly below:
Measures to improve safety and convenience for pedestrians crossing Highway 99E, such as
enhancements at signalized intersections and mid-block protected crossings.
Signal timing and intersection improvements to accommodate the expected changes in traffic
flow due to closing the Silverton Avenue intersection and the increased traffic generation
potential from the new Mixed Use area.
Improvements to connectivity through new street connections and bicycle / pedestrian
accessways.
Adoption of access management policies for the corridor to improve safety for vehicles, bicycles,
and pedestrians. (Recommendations related to access management are addressed in Section
VII beginning on page 23.)
Land Use and Urban Design
The centerpiece of the land use and design features of the Corridor Plan is a new “Mixed Use Village”
centered at the intersection of Young Street and Highway 99E. The mixed use area is intended to
provide an activity node on Highway 99E and a sense of connection to Downtown Woodburn. The new
Mixed Use Village will be implemented through a new zoning designation with a slightly different mix of
uses and different set of site design standards than exists today under the existing General Commercial
zoning. Over time, through new development and redevelopment, the new zone will create a more
pedestrian-oriented, walkable streetscape with buildings close to the sidewalk and parking lots situated
to the rear or side of buildings. The proposed new zone is described in more detail in Section VIII
beginning on page 30.
The proposed new zone will be implemented in phases, beginning with an area near the Young Street
intersection (“Phase 1”), where a gateway treatment and other public investments could help spur
redevelopment. The new zone will be applied throughout the remainder of Segment 3 when
10
improvements to Highway 99E are programmed. The exception is for properties currently outside city
limits, where the new zone will be applied upon annexation into the city. This phasing approach is
illustrated on Figure 2.
Conceptual illustrations of potential redevelopment in the Mixed Use Village are provided in Section IV.
These illustrations are intended to show what future development could look like within the Mixed Use
Village; they are aspirational rather than regulatory.
Outside of the Mixed Use Village, the land use regulations would remain largely unchanged, although
modifications related to access management, special street setbacks, and frontage improvements would
apply throughout the corridor. These recommendations are summarized in Section VI.
10
Rezoning is recommended to occur for Phase 2 through a legislative action by the City once funding for the detailed
engineering design of the improvements to Highway 99E in Segment 3 is committed.
ͿͿ
11
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49
Figure 2: Key Corridor Enhancements
ͿͿ
12
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50
Figure 3: Roadway Cross-sections for Highway 99E
ͿͿ
13
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51
VI.ǣ
The area in the vicinity of the Young Street and Highway 99E intersection was identified early in the
process as having the most potential for achieving the land use vision for future development and
redevelopment in the corridor, as articulated by this Plan. Young Street is a main corridor leading into
downtown and its intersection with 99E includes vacant and underutilized land where urban renewal
funding could potentially provide public investment to help spur redevelopment. Parcels in the vicinity
of this key intersection have the potential to support a commercial environment that is inviting to
pedestrians and bicyclists. The proposed Mixed Use Village, proposed for transitioning in phases (see
Figure 2), is intended to create a more pedestrian-friendly commercial area with opportunities for mixed
use and multi-family residential development. Successful pedestrian-oriented shopping districts are
optimized when they are no longer than a quarter-mile long (1,200’), which is the equivalent of about
three to four linear city blocks. This is the distance that people are generally willing to walk if there are
compelling things to draw them along the street, like interesting shops, comfortable sidewalks and
landscaping, and a landmark destination. Using the Young Street / Highway 99E intersection as the hub
of the mixed use district, the future land use and transportation investments should be strategically
phased to radiate out from this location. The district can grow to the north and south over time when
the roadway is improved to help provide an enhanced pedestrian environment and streetscape.
The appropriate width of the commercial zoning in the Highway 99E corridor was discussed at length
during the planning process. Commercially zoned properties fronting Highway 99E are relatively shallow
in some parts of the corridor, particularly around Young Street. While a conceptual site analysis,
described below, showed that even properties with depths of less than 250 feet have the potential to
redevelop under existing (and proposed) commercial standards, some concerns remain that shallow
11
commercial zoning could inhibit redevelopment.To address these concerns, three areas with
particularly shallow zoning have been identified for limited expansion of commercial zoning. The
properties that abut these areas are currently zoned for residential use. The change will affect four tax
lots, with a total area of 1.3 acres. (See Section VIII, Summary of Proposed Implementation Measures.)
Figure 6 shows the potential for new mixed use development in the area identified as the first phase of
12
the Mixed Use Village. Figure 7 does the same for the area just south of Lincoln where the mixed use
zoning would be applied in Phase 2. The intent of these diagrams is to illustrate how the area could
11
Note that in evaluating the type and scale of commercial development that would be appropriate to this area, the project
team considered existing Woodburn Comprehensive Plan policy language that does not support “big box” retail development
on Highway 99E, discourages strip commercial development and supports efficient use of commercial land.
12
Figure 6 illustrates street trees on both approaches to the rail crossing. As roadside trees mature, theymay obscure
motorists’ view of all flashing light signals at rail crossings. For greater safety, a motorist needs a full, unobstructed view of all
flashing light signal - both front lights and back lights, within the safe stopping distance approach to the crossing. For this
reason, ODOT Rail Division opposes tree landscaping on both sides of Highway 99E out to a minimum distance of 250 feet on
both approaches to the rail crossing. Any street vegetation within 250 feet of the crossing should be ground cover only,
standing no higher than 3 feet at maturity. Figure 6 also shows a crosswalk on Highway 99E at Cleveland Street. ODOT Rail
Division opposes a crosswalk at Cleveland Street because of concerns about vehicle queuing on the railroad tracks while waiting
for a pedestrian to cross, unless the intersection is fully signalized for vehicles and pedestrians and those signals are
interconnected with the crossing signals. If a crosswalk were to be installed preceding the installation of the planned traffic
signal at that intersection, the crosswalk should be a minimum of 150 feet from the crossing.
ͿͿ
16
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54
redevelop over time using a variety of tools from the Toolbox (i.e., lot consolidation, driveway
13
consolidation, and shared parking) and under the new development standards. The building footprints
illustrated in the diagram represent typical configurations for ground-floor retail and office buildings
that could also include residential or office above, if supported by the market (for example, the 28,000
square foot development in Figure 7 illustrates a two-story building). Potential locations for multi-family
residential have been identified in Figure 6 where they can best support the new commercial
development and help knit the district into the existing residential neighborhoods to the west. The red
squares in Figure 7 indicate the potential location of a “gateway feature” to announce the transition
from the existing cross-section to the new cross-section (this could be a piece of public art, a sign, or
some other marker; see Technical Memorandum #5: Opportunity Design Toolbox, dated April 7, 2011 for
examples). It should be noted that these diagrams only illustrate one possible way to redevelop the
district and that the configuration of buildings and parking on private property will only change when
property owners decide to redevelop their property. Appendix D provides a table with examples of
various businesses and their typical size ranges, parking needs, and estimated site sizes. This table helps
illustrate the types of businesses that could be accommodated within the building footprints shown on
Figure 6 and Figure 7 and on other sites within the corridor.
Figure 6 also shows potential secondary vehicle connections and pedestrian and bicycle connections to
existing streets and rights-of-way. This secondary level of connectivity would allow more people to visit
the mixed use district without having to drive; it would also allow for better vehicle circulation and
reduce conflicts along Highway 99E. The connections shown in the diagram are for illustrative purposes
and are not intended to show specific locations for new driveways, access ways, and paths; they simply
show how connectivity could be improved with redevelopment.
Figure 8 through Figure 10 provide additional illustrations of what new development in the Mixed Use
Village could look like under the proposed new zone development standards. Figure 8 illustrates
desirable site configurations with parking located to the side or rear of the buildings and shared parking
and/or shared driveway access between abutting parcels. Figure 9 illustrates desirable building façades
that incorporate storefront windows and/or architectural features to create visual interest for passing
pedestrians, with buildings set close to the street and entrances facing the front or side of the lot.
Finally, Figure 10 is a visual simulation that illustrates potential mixed use redevelopment and
streetscape enhancements at the Young Street intersection based on the proposed development
standards and incorporating the proposed gateway treatment at Young Street.
13
These tools are described in Technical Memorandum #5: Opportunity Design Toolbox, dated April 7, 2011.
ͿͿ
17
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55
Figure 6: Redevelopment Potential in Young Street Mixed Use District
ͿͿ
18
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56
Figure 7: Redevelopment Potential South of Lincoln Street in Segment 3
ͿͿ
19
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57
VII.
The application of access management strategies within the corridor can be a key contributor to
providing improved safety, efficiency, and comfort of travel – extending the functional life of existing
roadways. This section describes how the improved management of access could benefit Highway 99E
users and provides an Access Management Plan for the corridor to be used as a guide during future
development plans and street improvement projects. The Access Management Plan described in this
section is intended to help implement, rather than replace, existing rules and regulations pertaining to
property access in the study corridor.
Access Management Overview and Benefits
Access management is the term used to describe a broad set of techniques that balance the priorities of
safe, efficient, and timely travel with the need to allow access to individual properties. For facilities such
as freeways and arterials, there is generally an emphasis on facilitating the through movement of traffic,
with direct property access being a secondary objective. The emphasis shifts to prioritizing direct
property access for streets of lower functional classification such as collectors and local streets.
At the same time, the need for convenient access to a roadway can vary with the adjacent land use.
Commercial development generally demands more direct and convenient access to better serve
customers, while industrial, civic, and residential uses can often be adequately served with indirect
access from lower classified streets (i.e., from a collector rather than from an arterial). This underscores
the importance of considering the needs of adjacent land uses when establishing expectations for how
access will be managed in a roadway corridor.
The benefits of access management for through traffic have been well documented and are generally
well understood: fewer vehicles entering and exiting the traveled way translates to fewer slow-downs
and fewer opportunities for crashes, leading to improvements in travel times and safety. While this is
often thought to occur at the expense of highway-adjacent properties, a well-planned access
management strategy can have many benefits to area businesses and local users of the corridor.
Safety
An uncoordinated pattern of frequent property access along a highway introduces a number of potential
conflicts for drivers where vehicle paths could cross and where collisions could occur. These areas are
often the causes of slowing or stopping vehicles, and can significantly degrade the flow of traffic and
reduce the efficiency of the transportation system. Drivers can be overwhelmed by conflict points in
close proximity to one another, increasing the potential for crashes.
Good access management minimizes the number of vehicle conflict points by reducing the overall
number of access points and providing greater separation between them. Figure 11 illustrates this
concept, where consolidation of two closely spaced driveways results in a reduction of potential conflict
points of more than 50%.
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23
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61
Figure 11: Conflict Point Reduction with Driveway Consolidation
Roadways with well-managed access provide a safer and more comfortable walking and cycling
environment. With fewer access points along the highway, pedestrians and cyclists will be exposed to
traffic less frequently, resulting in fewer conflict points between motor vehicles, pedestrians, and
cyclists. Also, a strategic use of traffic islands can sometimes restrict turning movements in hazardous
areas while doubling as refuges to facilitate bicycle and pedestrian highway crossings between traffic
signals.
Business
Streets that are viewed as being frequently congested or unsafe to travel can be a deterrent to potential
customers and can create a negative image for a commercial district. In contrast, the improved level of
safety and traffic flow on streets with well-managed access to abutting businesses creates a better
experience for customers and can even increase the potential market area.
From the business-owner’s perspective, access points are “customer entrances” and should be easy and
intuitive to find, well-maintained, and provide safe and comfortable passage. And while adequate
accessibility is necessary, the use of fewer access points provides for more property frontage, which
could be used for merchandise displays, landscaping to improve the appearance of the corridor, or
additional parking stalls.
Existing Access Management Requirements
The Oregon Department of Transportation maintains access management requirements through Oregon
Administrative Rule 734-051 (Division 51) and in the Oregon Highway Plan (OHP). Division 51 rules
govern all aspects of establishing and maintaining access to a state highway including approval for new
14
access, permitting for construction, mitigation measures, and use of medians.
ODOT’s access management spacing standards are based on roadway classification, area type, posted
speed limits, and annual average daily traffic volumes. Highway 99E is classified as a Regional Highway
with posted speed limits ranging from 35 to 55 miles per hour in the study corridor. Table 1 breaks the
study area into different zones characterized by changes in access management spacing standards, with
14 These regulations were amended by Senate Bill 264, with changes effective on January 1, 2012. ODOT Access Management
Website http://www.oregon.gov/ODOT/HWY/ACCESSMGT/SB264.shtml
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the applicable spacing standard for each zone provided. Note that these zones have different
boundaries than the corridor segments described previously because they are based on posted speed
limits rather than on land uses and roadway design.
Table 1: Study Area Access Management Spacing Standards
Posted
Access Spacing
Zone Highway Segment Classification
1
Standard (feet)
Speed
MP 30.85 to MP 31.40
Northern UGB to 265’ south of
1
Regional Hwy 45 mph 500
Industrial Avenue (roughly
corresponds to Segment 1)
MP 31.40 to MP 33.04
265’ south of Industrial Avenue to
2 Regional Hwy 35 mph 350
320’ south of Cleveland Street
(includes all of Segment 2 and most of
Segment 3)
MP 33.04 to MP 33.35
320’ south of Cleveland Street to 160’
3 Regional Hwy 45 mph 500
north of Auction Yard (includes part
of Segment 3 and part of Segment 4)
MP 33.35 to MP 33.92
160’ north of Auction Yard to
4
Regional Hwy 55 mph 990
proposed southern UGB (includes the
southern portion of Segment 4)
1.
Revised access spacing standards effective January 1, 2012.
The city of Woodburn’s adopted access management standards are outlined in the Woodburn
Development Ordinance, Section 3.104. For a major arterial street, the minimum separation of a
driveway from another intersection (street or driveway) is 300 feet. However, access to a transportation
facility under ODOT jurisdiction is subject to the requirements of OAR 734-051 (described previously),
and is not regulated by the city.
Marion County also has adopted access management standards in the Marion County Rural
Transportation System Plan, Chapter 10, that apply outside of the UGB; however, within the UGB, the
County defers to the City’s adopted spacing standards.
Access Management Plan Objectives
The purpose of the Access Management Plan is to provide a long-range, comprehensive and coordinated
strategy for accommodating access as property develops or as public improvement projects are
constructed. It is anticipated that most improvements will occur incrementally over time. The goal of the
plan is to provide clear direction and ensure progress is made toward improving the management of
access in the corridor, while allowing sufficient flexibility to accommodate future development plans.
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Successful implementation will require continued collaboration between neighboring property owners,
the City of Woodburn, Marion County, and ODOT staff.
To guide future access decisions for the study area, a set of access management objectives was
developed. These objectives reflect the Highway 99E corridor Vision and Guiding Principles, as well as
best practices and current policies and regulations pertaining to the management of access to Highway
99E. The objectives themselves are not regulatory in nature, but provide a basis for future decision-
making. These objectives guided the development of the policy and development code amendments
associated with the Corridor Plan (Appendix A and Appendix C, respectively). Given the constraints in
the study area, one or more of the following may not be applicable in all situations.
Ensure that all properties are provided reasonable access to the public street network, including
consideration of the economic development needs of each property.
Driveways to commercial businesses on Highway 99E should be designed to allow for safe and
comfortable passage, improving existing driveways to comply with ODOT design standards as
opportunities arise.
Consider locating business signage immediately adjacent to driveways to improve the ability of
15
drivers to locate them.
Provide convenient accessways for pedestrians and bicycles between the Highway 99E
commercial corridor and neighboring residential areas.
Safe and convenient pedestrian walkways should be provided between business entrances and
sidewalks along Highway 99E, minimizing conflicts between pedestrians and motor vehicles in
parking lots.
Consider prohibiting driveways or restricting turning movements to driveways adjacent to
turning pockets at intersections where necessary to maintain safe highway operations.
Seek opportunities to align driveways on opposite sides of roadways to avoid turning conflicts.
Driveways to Highway 99E should maintain adequate intersection sight distance and at a
16
minimum shall maintain safe stopping sight distance along the highway.
Reduce access points over time to move in the direction of meeting ODOT’s adopted access
management spacing standards for Regional Highways. Applicable spacing standards for each
Highway 99E access management zone are shown in Table 1 on page 25.
Create shared access points to reduce the overall number of driveways along the Highway 99E
corridor. Shared driveways must be supported through the establishment of easements allowing
for travel between adjacent properties.
15
The preferred location for business signage would be on the downstream side of the driveway, i.e. just past the driveway
from the point of view of an approaching vehicle.
16
Intersection sight distance and stopping sight distance as defined in “A Policy on Geometric Design of Highways and Streets”,
American Association of State Highway and Transportation Officials, Washington, D.C., 2004.
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Provide inter-parcel circulation through cross-over easements, frontage or backage roads, or
shared parking lots where feasible.
Utilize easements, frontage/backage roads, and lower classified city streets to allow for
secondary access to facilitate large truck and emergency service vehicle circulation.
Seek opportunities to enhance the connectivity of the local street system surrounding Highway
99E.
Recommended Actions
The Access Management Plan is anticipated to come to fruition incrementally over a long period of time
through property development/redevelopment or public construction projects. A key outcome of this
plan is a reduction in direct Highway 99E access, while maintaining the accessibility of abutting
businesses. Accomplishing this will require a combination of improvements to the public street
infrastructure as well as cooperation among neighboring properties to establish effective connections
between businesses. This could include creating agreements to establish shared driveways or parking
lots or set aside corridors for inter-parcel circulation.
Without a known source of funding or a specific public improvement project planned to follow adoption
of the Access Management Plan, the timing of any actions will be uncertain. This section provides a
general phasing structure for recommended Access Management Plan actions, broken into short,
medium, and long range time periods. This is provided to guide the implementation of the Corridor Plan
and is not intended to be strictly adhered to (i.e., a long range action may precede a short range action if
the opportunity arises).
Adopt amendments to the Woodburn Development Code needed to implement the Access
Management Plan objectives and recommended actions. (See Section VII for a summary of the
proposed changes and Appendix C for details of the proposed code language.)
Restrict turning movements at Silverton Avenue intersection with Highway 99E to right-in /
17
right-out only and at the Birds Eye Avenue intersection on Highway 214 to right-turn-in only.
Close the Silverton Avenue intersection on Highway 99E and the Birds Eye Avenue intersection
18
on Highway 214.
Establish cross-over easements to support shared driveways and inter-parcel circulation as part
of property development.
Construct pedestrian and bicycle accessways between the Highway 99E commercial corridor and
neighboring residential areas.
17
As noted previously, details of turning movement restrictions would be refined in close consultation with the business and
property owners affected prior to any changes being made.
18
As noted previously, the specific needs of the businesses in the area for vehicle access (including trucks) will be taken into
consideration during the engineering design stage prior to any roadway closures or modifications.
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Modify the George Street intersection on Highway 214 to allow only pedestrian, bicycle, and
emergency vehicle access. Prior to making this modification, a new street connection to
Highway 214 at the east end of George Street must be constructed to restore lost motor vehicle
connectivity.
Improve north-south connectivity of local streets east of Highway 99E as part of property
development or subdivision and/or by extending Cooley Road to the south, providing a
19
continuous route from Highway 211 to Highway 214 (Silverton Road).
Access Management Tools
To help implement the access management objectivesand actions described, a collection of potential
mitigation tools and measures has been provided in Appendix E. While not all applications will be
appropriate for various portions of the study area, this list will provide a menu of options for
consideration.
VIII.
Overview
The Corridor Plan will ultimately be implemented – in the sense of on-the-ground, physical changes –
through public and private investments in roadways, redevelopment, and other improvements.
However, to ensure that as investments occur incrementally over time they are consistent with the
vision for the corridor, the city should adopt policies and regulations that reflect the community’s
intentions for the Highway 99E corridor. The policy and regulatory changes recommended to
implement the Corridor Plan are summarized in this section. The details of the proposed amendments
are provided in Appendices A through C.
City of Woodburn Comprehensive Plan
The City’s Comprehensive Plan is a long-range planning document that establishes the goals and policies
to guide land use in Woodburn. The recommendations of the Corridor Plan are largely consistent with
existing Comprehensive Plan policies related to commercial lands and transportation-related policies
regarding Highway 99E.
Proposed text amendments to the Comprehensive Plan to implement the Corridor Plan include
references to the Highway 99E Corridor Plan and the new Mixed Use Village zone, policy language
regarding enhancing connectivity in keeping with the recommendations of the Corridor Plan, and the
Access Management Strategies listed in Section VII. In addition, a Mixed Use Village Overlay (MUVO)
will be added to the Comprehensive Plan map, the boundaries of which indicate the ultimate extent of
19
Because an extension of Cooley Road as described would run outside of the city’s UGB, it is included as a conceptual project
to be considered at a later date if the land in question is eventually added to the UGB. The incremental improvement of north-
south connectivity through new street connections east of Highway 99E may accomplish the same objective and eliminate the
need for Cooley Road itself to be extended.
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the Mixed Use Village zone. Proposed text describes the purpose of this area, the phasing of the
rezoning, and the highway improvement trigger for the city to implement rezoning for Phase 2
properties. The proposed amendments to the Comprehensive Plan are identified in Appendix A.
Not all the parcels identified in the MUVO have a commercial Comprehensive Plan designation. In order
to widen the commercial corridor in key areas and to spur redevelopment, four parcels currently
designated Low Density Residential are recommended for re-designation to Commercial. In addition,
one parcel currently designated Public / Semi-Public will need to have a Commercial designation. (For
Comprehensive Plan land use designations within the MUVO, see Figure A1: Comprehensive Plan Map
Mixed Use Village Overlay in Appendix A.) The City will initiate a Comprehensive Plan land use
designation and map amendment for the two parcels north of Tomlin Avenue that are in Phase 1 of the
Mixed Use Village zone implementation as part of the process of adopting and applying the new zone.
(See Figure 11: Mixed Use Village Boundaries and Phasing). The remaining Residential and Industrial
parcels will have the Commercial designation and the Mixed Use Village Zoning applied as part of a later,
Phase 2 legislative action.
Woodburn Transportation System Plan
The City of Woodburn’s TSP (adopted in 2005) identifies the transportation facilities and services
needed to support the planned land uses over a 20 year planning horizon. The TSP is the transportation
element of the Comprehensive Plan. The TSP contains goals and policies (Chapter 1) and street, transit,
pedestrian, bicycle, and rail plans (Chapter 7) that guide future transportation planning in the city.
The Highway 99E Corridor Plan is a refinement plan to the City’s adopted TSP. Specific areas of the TSP
will be amended, by reference, when the Corridor Plan is adopted. Areas of the TSP that will be
amended include street cross-section standards for Highway 99E and the City’s transportation
improvement project list, which needs to be updated to reflect recommended locally-funded
transportation improvements in the corridor. A list of these improvements is included Table B1 in
Appendix B. Cost estimates (in 2011 dollars) for transportation improvement projects associated with
the Corridor Plan are also provided in Table B1 of Appendix B. Each project is numbered and its location
is shown on Figure B2. Projects have been organized to match the existing structure of the Woodburn
TSP; upon adoption of the Corridor Plan the projects listed in Appendix B will be included as projects for
20
the 2010-2020 time period. While all proposed projects are categorized in the same time frame
according to the TSP, some are likely to occur sooner than others, as reflected in Table B1.
Potential transportation project funding sources are already identified in the city’s TSP. These include
Federal, State or Marion County funds, Local Improvement Districts, Urban Renewal Districts,
Transportation Impact Fees, and General Obligation Bonds.
20
Because the TSP was adopted in 2005, it does not identify projects further into the future than 2020. In order to maintain
consistency with the structure of the existing TSP, all the projects identified in this Plan have been listed in the 2010-2020 time
frame; however, the Highway 99E Corridor Plan is a 20-year plan and projects identified in this Plan are not all be likely to occur
before 2020. Appendix B includes an indication of the likely timing of the projects identified in this Plan.
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21
Appendix B includes a complete list of expected TSP revisions.
City of Woodburn Development Ordinance
The City of Woodburn’s Development Ordinance (WDO) implements the goals, policies, and objectives
expressed in the City’s Comprehensive Plan by regulating land use and land development. Several
changes to the WDO are needed to implement the Corridor Plan. These proposed amendments are
summarized below, and the proposed changes to the existing code are included in Appendix C.
Adoption of a new zone intended to create a more pedestrian-friendly mixed use environment.
The key changes that would impact existing businesses and future (re)development within this
area are summarized below. The text of the new zone is included as Appendix C. The areas
where the new zone would be applied are shown on Figure 12 on page 33.
Adoption of amendments to section 3.101 (Street Standards) to require frontage improvements
(sidewalks and street trees only) along Highway 99E at time of development. These changes
would apply throughout the corridor, but would primarily impact property in Segments 3 and 4
where street frontages are not improved to the adopted standards.
Adoption of amendments to section 3.103 to update the “Special Setback” requirements on
Highway 99E to reflect the adopted cross-section widths (this will reduce the Special Setback in
Segments 1, 2, and 4).
Adoption of amendments to section 3.104 (Access) to apply access management standards to
development on Highway 99E through the local land use process. These standards supplement,
but do not replace, ODOT access spacing standards. The purpose of these standards is to
establish requirements for inter-parcel connectivity and connections to side streets beyond
what is required under current ODOT access policy.
Amendments to Section 3.107.06 to strengthen requirements for pedestrian walkways accessing
building entrances and to Section 3.106.03 to enhance requirements for parking lot landscaping.
Because these amendments would affect property city-wide, and therefore go beyond the scope
of this project, these changes should be considered as part of the comprehensive WDO update
currently being undertaken by the City. While the proposed changes are not recommended for
adoption as part of this planning effort, the recommended amendments are included in
22
Appendix C for reference.
One of the key recommendations of the Corridor Plan is to create a new set of land use regulations for
Segment 3 of the corridor to complement proposed roadway and streetscape improvements. The new
21
The recommendations in Appendix B specifically reference areas in the adopted TSP that will be amended through the
adoption of the Highway 99E Corridor Plan. The city may elect, upon completion of the Corridor Plan, to adopt the Corridor
Plan as a refinement plan and amend the adopted TSP by reference, but not physically amend the TSP document at this time.
22
Similar standards are included in the proposed new zone so that even if the city-wide amendments do not occur as
recommended, new development within the new zone will be subject to these standards.
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23
zone will apply in the area shown in Figure 12: Mixed Use Village Boundaries and Phasing on page 33.
Note that initially, the new zone will be applied only to a smaller area centered around the Young Street
intersection where urban renewal funding could potentially provide public investment to help spur
redevelopment. When a roadway improvement for Highway 99E is programmed, the remainder of
Segment 3 will be rezoned (with the exception of property remaining outside city limits, which would
only be rezoned upon annexation). Nearly all of the land in Segment 3 within the city limits is currently
zoned General Commercial (CG). The key differences between the existing CG zone and the proposed
zone are highlighted below.
Changes to allowed uses and impacts to existing businesses
The new zone will allow for a shift in the mix of land uses over time by prohibiting certain types of
businesses from establishing in the area. Existing businesses already established in the corridor will be
“grandfathered” and will continue to be regulated the same way they are today. No existing business
will become a non-conforming use. This approach allows existing businesses to continue to operate and
expand as they would under the existing zoning (provided that they meet or move towards meeting site
development standards required in the Mixed Use Village Zone), but ensures that new businesses that
move into the area are fully supportive of a walkable, dense commercial node, by the type of use and
the way in which new buildings are sited. The land uses that are currently permitted, but that will be
restricted from moving into the new zone in the future are identified by the words “lawfully existing as
of [adoption date of new zone]” after the use (see Appendix C, Section 2.117.02 and 2.117.03 in the
new zone). This language effectively restricts the listed use to only those that already exist. If a change
in use (as defined in the WDO) occurs on a particular property, the new use will no longer be
“grandfathered”.
Another important change to the allowed uses in the proposed new zone is that multi-family residential
development will be allowed outright, either on its own or above commercial uses as part of a mixed
use development. This change is intended to help increase density in Segment 3 and provide additional
customers within walking distance of new pedestrian-oriented businesses. Details on the types and
density of residential uses allowed are in Appendix C in Section 2.117.02.A in the new zone. Note that
residential uses will not be permitted on parcels adjacent to industrially zoned land. This restriction
applies to parcels south of Cleveland Street, east of Highway 99E (see Figure 12).
Changes to development standards for new development, redevelopment, and expansions / remodels
The new zone includes site development standards that are different from those of the existing CG
zoning. These new standards will apply to all new non-residential development in the new zone. New
multi-family residential that is not part of a mixed use development will be subject to the same
standards as multi-family development in many other areas of the city. Expansions and remodels for
existing development will generally be required to comply with the standards only for the new portion
23
Two of the parcels north of Tomlin Ave that are included in the Phase 1 rezoning to the MUV zone are currently zoned for
residential use; the remainder are zoned General Commercial. The rationale for including the residential properties is
explained on page 24.
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24
of the development, including any required new parking or landscaping.Key differences between
existing and proposed standards include:
Setbacks: Instead of a minimum setback of 15 feet with no maximum, new buildings will have
no minimum setback, and a recommended (but not required) maximum setback of 15 feet
abutting Highway 99E.
Parking location: Parking will not be allowed between the building and the street – it must be
located to the side or the rear of the building. In addition, parking must be set back from the
street as far as the building is set back (this is intended to encourage buildings to be located
close to the street), and may only take up 50% of the street frontage on Highway 99E. Parking
must always be set back at least 5 feet from a sidewalk.
Architectural design: Building façades along a street must either have façade variations or
significant window coverage to provide a visually interesting pedestrian environment. Windows
providing views of the street are also encouraged (but not required) for all buildings that will be
regularly occupied.
Outdoor storage and display: Outdoor storage and display will continue to be allowed;
however, these must be screened behind walls that meet the architectural design standards for
façade variations if located within 50 feet of a street. Display and storage areas on other parts
of the property will continue to be subject to existing screening standards.
Drive-through: Drive through / drive up facilities will be allowed in the new zone; however,
drive up windows may not be located facing Highway 99E, and drive through aisles must be
screened in the same manner as parking areas.
The details of these standards can be found in the draft proposed code language in Appendix C, in
Section 2.117.07 of the new zone.
24
There are exceptions. For example, where the area required for parking, landscaping, or loading increases by more than 25%,
all parking, landscaping, loading, screening, etc. on site must comply with the standards. However, the proposed new zone
would allow expansions or changes of use that can’t meet the new parking location standards as long as the new parking would
not increase the non-conformity.
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Figure 12: Mixed Use Village Boundaries and Phasing
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Urban Renewal Plan
The 2001 Woodburn Urban Renewal Plan is the primary policy document governing the City’s
Downtown Urban Renewal District. The Urban Renewal Plan lays out goals and objectives for the urban
renewal area, outlines the activities and projects that may be undertaken through urban renewal, and
identifies procedures for amending the plan. Corridor Plan recommendations include that the City
consider using urban renewal funding for certain projects and programs that would help implement the
Highway 99E Corridor Plan, focusing on the area around the Young Street / Highway 99E intersection.
The projects and programs identified in the Corridor Plan are consistent with the Urban Renewal Plan,
but shift the focus to another part of the URA, outside of the downtown. Any investments in this area
would need to be considered in light of overall urban renewal area goals and priorities. The following
minor amendments to the Urban Renewal Plan could be adopted by resolution and would help spur
redevelopment in the vicinity of the Young Street intersection:
Modify the boundaries slightly in the vicinity of the Young Street intersection to best capture
25
opportunities for a catalyst redevelopment project.
Open up the storefront improvement program to properties within the area proposed for Phase
1 of the new zone application. Target businesses whose existing buildings are located close to
the street, but not within the area that will be needed for expanded right-of-way.
Consider using urban renewal funding to invest in streetscape improvements on Highway 99E
and/or Young Street, such as sidewalk improvements or lighting, in the vicinity of the Young
Street / Highway 99E intersection. Improvements on Highway 99E would require approval from
and coordination with ODOT.
In addition to the Urban Renewal Plan, the Downtown Development Plan, updated in 2010, identifies
potential projects for the downtown urban renewal area. The 2010 update includes a proposed
Gateway project at the Young Street intersection, where several adjacent properties are part of the
existing Downtown Urban Renewal District, to be undertaken by the city in the 3-5 year timeframe.
Elements of this Gateway project are detailed in the Downtown Development Plan and include land
assembly and acquisition in preparation for a mixed-use project that is at least 5 acres in size. The
Corridor Plan is consistent with this proposed project.
Marion County
The Highway 99E Corridor Plan guides future development along the length of Highway 99E through the
City of Woodburn. Not all land within this area is within the city limits; in the northern and southern
portions of the corridor there are parcels that are under the jurisdiction of Marion County. As discussed
in the previous section and shown in Figure 10, some of the parcels currently outside of the city limits
are within the area proposed for new Mixed Use Village zoning. Marion County is the land use authority
for development approval on parcels outside city limits. Because the new zone is not proposed to be
applied until these County parcels annex to the City of Woodburn, there is the possibility that these
25
Increases in the Urban Renewal Area boundary of less than 1% of the total area can be approved by the City Council as a
Minor Amendment.
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parcels will (re)develop prior to annexation, consistent with their existing zoning and in conformance
with the County’s Urban Zone Code.
While staff from the County participated in the Technical Advisory Committee for the Corridor Plan, they
have indicated that there are few County facilities that would be impacted by the Corridor. Therefore,
following adoption of the Plan by the City of Woodburn, Marion County is expected to acknowledge the
Corridor Plan rather than adopting the Plan into the County TSP. Regardless of County action on the
Plan, however, the adoption of the Highway 99E Corridor Plan by the City of Woodburn and the
amendments to the City’s TSP described previously will apply to the full length of the corridor that lies
within Woodburn’s Urban Growth Boundary, even to those areas outside City limits. The County’s
relationship with the cities that lie within the County is summarized under the Transportation System
Planning Policies in the Transportation Element of the County’s Comprehensive Plan: “Within the urban
growth boundary of an incorporated city, Marion County Public Works will apply roadway design
standards and criteria in the Transportation System Plan (TSP) adopted by that city, except in cases
where in the engineering judgment of the County Public Works Department, it would not be appropriate
to do so.” The “Rural and Urban transportation Planning” heading in the RTSP provides similar guidance:
“City transportation plans start where the RTSP ends, at the urban growth boundaries. Since many of the
main city streets are maintained by Marion County, the County has a vested interest in the
transportation planning process for each community. The County also recognizes that the needs, goals
and visions vary from city to city. For these reasons, the County works with each city individually to
determine the transportation plan most appropriate for that community, rather than developing one
countywide urban plan to encompass all urban areas.”
ODOT
The Highway 99E Corridor Plan does not recommend any highway design exceptions or alternate
mobility standards for the corridor- the Plan meets existing ODOT policies and standards. ODOT
considers the Highway 99E Corridor Plan as a refinement plan of the City’s Transportation System Plan.
Because of this, no formal action by ODOT is required to approve the Plan. It is important to note,
however, that ODOT staff has participated in the development and analysis of corridor alternatives and
the identification of the Preferred Highway 99E Corridor alternative through staff participation on the
Technical Advisory Committee.
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Appendix A:
Comprehensive Plan
Amendments
75
76
The following proposed Comprehensive Plan amendments acknowledge and reference the Highway 99E
Corridor Plan as the guiding policy document for this important facility. These modifications update city
policies to reflect the intent and outcomes of the planning process that will result in an adopted
Highway 99E Corridor Plan. Language recommended for addition to the Comprehensive Plan is double
underlined and language recommended for removal is struck through.
A. Comprehensive Plan Designations and Implementation
The Land Use Plan
The Comprehensive Plan is based on the recent land use inventories, updated land needs analyses, and the
revised goals and policies in this Comprehensive Plan. The Comprehensive Plan represents the most
practical arrangement of land uses, considering existing development patterns and the future vision for
Woodburn, as embodied in the revised goals and policies.
Comprehensive Plan Designations
Woodburn has six principal comprehensive plan map designations, and twothree overlay designations,
with corresponding zoning districts:
Policy Table 1: Comprehensive Plan Designations and Implementing Zoning Districts
Density
Range
(Units Per
Net
Comprehensive Plan Buildable Minimum Lot Sizes or Unit
DesignationImplementing Zoning District(s)Acre)Area in Square Feet
Low Density RSSingle Family Residential 5.2-7.26 6,000 Interior Lot
Residential 8,000 Corner Lot
10,000 Duplex Lot
R1S
Retirement Community SFR Not 3,600 Interior Lot
Applicable 3,600 Corner Lot
RSN
Nodal Development Nodal Development SFR 7.9-10.89 4,000 Interior Lot
Overlay 4,500 Corner Lot
Medium Density RM Medium Density Residential 10-162,720 Per M-F Unit
Residential 10,000 Duplex Lot
RMN
Nodal Residential 1,980 Per M-F Unit
Nodal Development 10-228,000 Duplex Lot
Overlay (NDO) 3,000 Interior Rowhouse
3,600 Corner Rowhouse
Commercial CGGeneral Commercial Not applicable
DDC
Downtown Development and
Conservation
CO
Commercial Office
NCN
Nodal Development Nodal Neighborhood
Overlay (NDO) Commercial
MUV
Mixed Use Village Mixed Use Village
Overlay (MUVO)
Industrial IPIndustrial Park Not applicable
LI
Light Industrial
SWIR
Southwest Industrial Southwest Industrial Reserve
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Reserve Overlay
(SWIR)
Open Space and Parks RCWODRiparian Corridor and Not applicable
Wetlands Overlay District
P/SP
Public Semi-Public
Public Use P/SPPublic Semi-Public Not applicable
Note: The net buildable area of a parcel excludes land dedicated for public rights-of-way or stormwater easements,
common open space, and unbuildable natural areas. For example, if a parcel has 10 acres, and 2 acres are removed
for streets and 2 acres are within the floodplain / riparian area, then 6 net buildable acres would remain. The range
of allowable densities is calculated based on net buildable acres. An acre has 43,560 square feet. Allowable
densities may be increased through the discretionary planned unit development review process.
Plan Implementation
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 of the
ordinances which are suggested in this plan will be amended and perhaps entirely replaced by new
concepts. As long as the ordinance which is developed implements the goals and policies of the plan, a
change should not be necessary. However, at a minimum, the City should have basically the following
ordinances to implement the plan.
Zoning
…
Subdivision and Planned Unit Development Ordinances
…
Site Plan Review
…
Sign Ordinance
…
Transportation Plan
The Transportation System Plan (TSP) (2005) was revised to reflect changes in population, employment
and land use adopted in the Woodburn Comprehensive Plan (2005). The 2005 TSP includes goals and
objectives, forecasts traffic growth in the City, and identifies transportation improvements needed to
satisfy the forecasted growth. The plan:
Establishes the functional classification of roads and streets
Establishes street standard for each functional classification
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Evaluates interchange alternatives
Establishes alternative modes of transportation
Meets the Oregon Transportation Planning Rule
The Highway 99E Corridor Plan was adopted in 2012 to provide more detailed guidance about needed
transportation improvements, appropriate land uses, and the urban design vision for the section of
Highway 99E running through the City of Woodburn. The Corridor Plan amends and supplements the
2005 TSP and provides more specific guidance related to transportation improvements and design in the
Highway 99E corridor.
Capital Improvement Plans
…
Downtown and Urban Renewal
One of the main problems with land use and economy in the City has been the stagnated downtown area.
In response, the City adopted a downtown development plan and on Urban Renewal Agency and Plan.
The Urban Renewal Plan is a primary vehicle for revitalizing the Downtown area, including goals and
policies addressing financial assistance programs, citizen involvement, and physical improvements. The
downtown Development Plan was adopted as an element of the Comprehensive Plan.
Housing Codes
…
Flood Hazard Zone
…
Historical Site Zone
…
Housing Goals and Policies
…
Policies
…
D-2.2 It is the policy of the City to encourage a variety of housing types to accommodate the demands of
the local housing market. In Woodburn, the following needed housing types shall be allowed, subject to
clear and objective design standards, in the following zoning districts:
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Policy Table 2: Needed Housing Types and Implementing Zoning Districts
Needed Housing Type Implementing Zoning District(s)
Single Family Detached Residential RSSingle Family Residential
RS1
Retirement Community SFR
RSN
Nodal Development SFR
Manufactured Dwellings RSSingle Family Residential
RS1
On Individual Lots Retirement Community SFR
RM
In Parks Medium Density Residential
Attached Single Family Residential RMNNodal Residential
MUV
(Row Houses) Mixed Use Village
Duplexes On Corner LotsRSSingle Family Residential
RM
Generally Medium Density Residential
Multi -Family RMMedium Density Residential
RMN
Generally Nodal Residential
DDC
Above Downtown Development and Conservation
NNC
Commercial Nodal Neighborhood Commercial
MUV
Mixed Use Village
Government Assisted Housing* These “housing types” are based on financing or tenure, and are not
Farm Worker Housing* regulated by the City. If the housing type (e.g., single family,
Rental Housing* manufactured dwelling, attached single family, duplex, or multi-
family) is allowed in the underlying zoning district, these“housing
types” are allowed subject to applicable design standards.
F. Commercial Land Development and Employment
Commercial Land Designations
…
The second large commercial area that developed in the City is the commercial strip along Highway 99E.
The A history of commercial strip zoning along 99E has caused many problems in the City of Woodburn.
This is because this type of development is the leastefficient use of commercial land and highway
frontage. To improve the efficiency of the commercial land and enhance the appearance and vitality of
this important commercial area, the City undertook the development of a plan for the corridor.The
resulting Highway 99E Corridor Plan, adopted in 2012, will guide future development and redevelopment
in the 99E corridor. Woodburn The Citywill work withproperty owners towards redeveloping this area
in the futurein line with the vision established in the Corridor Plan. By limiting the supply of vacant
“green field” commercial land within the UGB, redevelopment of underutilized strip commercial lands is
more likely to occur. Access controlpolicies shall be observed when street improvements occur.
…
The fourth commercial area is the Highway 214/211/99E "Four Corners" intersection. This area has
become an important commercial district within theCity. This "Four Corners" area serves as a more local
retail service center. Thiscommercial district could realize more development in the future. In this area
development should be intensified so as to not create another commercial strip development.
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Commercial Lands Goals and Policies
Goal
F-1. Encourage infill and redevelopment of existing commercial areas within the community, as
well as nodal neighborhood centers, to meet future commercial development needs.
Policies
…
F-1.4 Architectural design of commercial areas should be attractive with a spacious feeling and enough
landscaping to reduce the visual impact of large expanses of asphalt parking areas. Nodal and mixed use
village commercial areas should be neighborhood and pedestrian oriented, with parking to the rear or side
of commercial buildings, and with pedestrian connections to neighboring residential areas.
…
F-1.10 The Highway 99E commercial corridor south of Lincoln should be redeveloped over time with
more intense mixed use development. The Mixed Use Village Overlay(MUVO)designates an area that
is intended to promote efficient use of land and urban services; create a mixture of land uses that
encourages employment and housing options in close proximity to one another; restrict land extensive
commercial, storage, and industrial uses; and encourage pedestrian-oriented development.
F-1.11 In order to spur desired development and redevelopment within the MUVO, and consistent with
the recommendations of the Highway 99E Corridor Plan, the City will apply the Mixed Use Village zone
ina strategic area in the vicinity of theYoung Street intersection.
F-1.12 The city shallinitiate a legislative zone change to designate remaining land within the area
designated MUVO and within the City limitsas MUV at such time as ODOT includes a project to
improve Highway 99E south of Lincoln in the Development Statewide Transportation Improvement
Program (DSTIP).
F.1.13 Property owners within the MUVO and within the City limits may petition the City to initiate a
legislative zone change to MUV for their property at any time.Land outside City limits within the
MUVO shall be zoned MUV upon annexation.
F-1.14 The City intends to beautify the Highway 99E commercial corridor through measures such as
replacement of overhead power and telephone lines with underground utilities, enhancing street lighting
in the corridor, providing for non-conforming sign amortization, providing enhanced streetscape
furnishings in key pedestrian areas, and establishing a storefront improvement program. The City will
explore options to fund such improvements, including its Capital Improvement Program, formation of a
Local Improvement District, and Urban Renewal funds.
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H. Transportation
Transportation Goals and Policies
Woodburn amended its Transportation System Plan (TSP) in coordination with Marion County, the
Department of Land Conservation and Development (DLCD) and the Oregon Department of
Transportation (ODOT) as part of its 2005Periodic review package. The goals and policies listed below
have been amended consistent with the 2005 TSP. A new “Marion County Coordination” subsection is
added to ensure coordination with the Goals and Policies of the Marion County Growth Management
Framework Plan.
Goal
H-2. Develop a street system that will handle projected year 2020 traffic demands in the Woodburn
area, and interconnects residential areaswith employment centers, schools, parks, churches, and
regional transportation facilities.
Policies
…
H-2.2 Work with ODOT to develop and implement strategies for improving state facilities within the
City. Develop a strategy for improving Oregon 219/214, and 211, and 99Ethrough Woodburn, including
added travel lanes, signalization, andaccess management. Work with ODOT to implement the Highway
99E Corridor Plan to improve Highway 99E.
H-2.3 Identify new east-west and north-south collector/minor arterial streetswithin the City to relieve
traffic demands on Oregon 219/214, 211, and 99E and coordinate with Marion County to construct the
street connections needed outside of the urban growth boundary (UGB). Where development of new
collector/minor arterial streets is not possible within the near future, such as when an alignment runs
outside of the UGB, work with property owners during subdivision to provide local street connections to
improve connectivity in the interim.
…
Goal
H-3. Develop transportation improvements that address overall trafficsafety in the Woodburn
area.
Policies
H-3.1 Work with ODOT to improve safety on state facilities within the City. Develop access
management strategies for Oregon 219/214, and 211, and 99E through Woodburn, particularly focusing
on the section of Oregon 214 between Interstate 5 (I-5) and Cascade Drive, and Oregon 99E south of
Lincoln Avenue. Work with ODOT and property owners through the redevelopment process to improve
access management on Highway 99E in accordance with the access management strategies identified in
the Highway 99E Corridor Plan.
…
Goal
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H-6. Coordinate with Marion County in planning for a safe and efficient county-wide
transportation system by:
(a) Encouraging use of alternative modes of transportation including mass transit, bicycling,
walking and carpooling; and
(b) Addressing transportation needs appropriate to both urban andrural areas throughout the
county.
Policies
…
H-6.4 Woodburn should provide for a complementary mix of land uses and transportation systems by
providing for mixed use development in the Downtown Development and Conservation (DDC), the
Mixed Use Village (MUV), and the Nodal Development Overlay (NDO) districts.
…
Goal
H-7. Coordinate with the Oregon Department of Transportation (ODOT) to maintain highway and
intersection capacity, safety and functionality by:
(a) Developing and adopting performance standards; and
(b) Prohibiting comprehensive plan amendments that do not meetadopted performance standards.
Policies
…
H-7.3 To ensure safety and long-range mobility on Highway 99E, the City shall be guided by the
following access management objectives:
(a)Ensure that all properties are provided reasonable access to the public street network, including
consideration of the economic development needs of each property.
(b)Driveways to commercial businesses on Highway 99E should be designed to allow for safe and
comfortable passage, improving existing driveways to comply with ODOT design standards as
opportunities arise.
(c)Consider locating business signage immediately adjacent to the downstream side of driveways to
improve the ability of drivers to locate them.
(d)Provide convenient accessways for pedestrians and bicycles between the Highway 99E
commercial corridor and neighboring residential areas.
(e)Safe and convenient pedestrian walkways should be provided between business entrances and
sidewalks along Highway 99E, minimizing conflicts between pedestrians and motor vehicles in
parking lots.
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(f)Consider prohibiting driveways or restricting turning movements to driveways adjacent to turning
pockets at intersections where necessary to maintain safe highway operations.
(g)Seek opportunities to align driveways on opposite sides of roadways to avoid turning conflicts.
(h)Driveways to Highway 99E should maintain adequate intersection sight distance and at a
minimum shall maintain safe stopping sight distance along the highway.
(i)Reduce access points over time to move in the direction of meeting, ODOT’s adopted access
management spacing standards for Regional Highways.
(j)Create shared access points to reduce the overall number of driveways along the Highway 99E
corridor. Shared driveways must be supported through the establishment of easements allowing
for travel betweenadjacent properties.
(k)Provide inter-parcel circulation through cross-over easements, frontage or backage roads, or
shared parking lots where feasible.
(l)Utilize easements, frontage/backage roads, and lower classified city streets to allow for secondary
access to facilitate large truck and emergency service vehicle circulation.
(m)Seek opportunities to enhance the connectivity of the local street system surrounding Highway
99E.
H-7.4 The City will actively participate in developing strategies and solutions to mitigate impacts to
property owners that may result from implementing future highway design and planned built
improvements.
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The Comprehensive Plan map will be amended to include the Mixed Use Village Overlay (MUVO), which
indicates the ultimate extent of the planned Mixed Use Village. The area that will be designated with
the MUVO is shown in Figure A1. In addition, the Comprehensive Plan designation for parcels currently
Industrial or Low Density Residential within the MUVO, will need to be amended to Commercial.
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Figure A1: Comprehensive Plan Map Mixed Use Village Overlay
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Appendix B:
Transportation System Plan
Amendments
87
88
To facilitate the implementation of improvements identified through the Woodburn Highway 99E
Corridor Plan, the following amendments are recommended to the Woodburn Transportation System
26
Plan (TSP).
Street design standards are shown in Figure 7-2 and discussed on page 7-3 of the TSP. However, these
standards are only applicable to city streets. Therefore, the street design standards shown in Figure B1
are to be applied to Highway 99E.
The intermediate to long-term (approximately 2010-2020) project identified for Oregon 99E on page 7-5
of the TSP is replaced with the following project:
Highway 99E: As redevelopment occurs in the corridor, upgrade to be compliant with the design
standards for Highway 99E provided in Figure B1. This would ensure continuous pedestrian and
bicycle facilities along the corridor as well as the implementation of access management
27
strategies.
The following projects are added to the 2010-2020 project list on page 7-5 of the TSP:
Restrict turn movements and eventually close the Silverton Avenue intersection on Highway 99E
and vacate the segment of Silverton Avenue between Highway 99E and Bird’s Eye Avenue.
Restrict turn movements and eventually close the Birds Eye Avenue intersection on Highway 214
and vacate the segment of Birds Eye Avenue between Highway 214 and Silverton Avenue.
Work with ODOT to develop and implement a Traffic Management Plan for the Highway 99E
corridor that responds to increased congestion resulting from incidents on I-5 and regional
events.
Update roadway lighting to meet ODOT roadway lighting standards.
Coordinate the traffic signals on Highway 99E from Hardcastle Avenue through Cleveland Street.
Signals should be interconnected and signal timings should be optimized.
Construct an additional westbound lane on Young Street at the intersection with Highway 99E to
accommodate separate left, through, and right turn lanes (additional right-of-way will likely be
required).
Implement protected-permissive left turn phasing on the eastbound and westbound approaches
of Young Street at the intersection with Highway 99E.
26
Woodburn Transportation System Plan, Volume 1 Text, October 2005.
27
In the stretch of highway between MP 33.08 and 33.19, where the roadway will transition from a five-lane cross-section to a
three-lane cross-section, dedication of the full 100 feet of right-of-way is recommended to allow for engineering of the
transition as needed; however, installing sidewalks and other improvements at their final locations will likely not be feasible if
engineering drawings for the highway improvement have not been completed.
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Close the intersection of George Street at Highway 214 to through motor vehicle travel, leaving
it accessible by pedestrians, bicycles, and emergency vehicles only. This project shall not be
constructed prior to the project that would construct a new local street connecting George
Street to Highway 214 just west of the urban growth boundary (see New Streets, project (a)).
The following projects are added to the intermediate to long-term (next 10-15 years) project list on page
7-6 of the TSP:
Construct a new local street connecting George Street to Highway 214 just west of the eastern
urban growth boundary.
Enhance north-south connectivity of local streets paralleling the Highway 99E corridor as part of
property development or subdivision and/or by extending Cooley Road from Hardcastle Avenue
28
to Highway 214.
The pedestrian plan described on pages 7-9 and 7-10, as well as Figure 7-3, of the TSP is amended to
include the following projects:
Install countdown pedestrian timers and construct ADA enhancements at signalized
intersections along Highway 99E.
Construct curb extensions to shorten pedestrian crossing distances on approaches to Highway
99E where appropriate (no curb extensions are to be constructed that would narrow the width
of Highway 99E itself). Street approaches where curb extensions should be considered include:
Alexandria Avenue, James Street, Williams Street, Blaine Street, Aztec Drive, Laurel Avenue, and
Tomlin Avenue.
Provide pedestrian and bicycle access to Highway 99E from adjacent residential neighborhoods.
This will require development of accessways and obtaining easements. Pedestrian/bicycle
accessways must include a paved surface of at least 10 feet wide with a minimum vertical
clearance of 10 feet. Potential locations for pedestrian/bicycle accessways connecting to
Highway 99E include: from June Way (near the Audrey Way intersection), from Johnson Street,
from Elm Street, from Wilson Street, and from Hawley Street (possibly part of future street
extension).
Construct enhanced pedestrian crossings of Highway 99E. Identification of crossing locations
should occur through collaborative efforts with the community and the Oregon Department of
Transportation. The maximum potential for enhanced pedestrian crossing locations is estimated
to include: three crossings between Mt Hood Avenue and Hardcastle Avenue, one crossing
between Hardcastle Avenue and Lincoln Street, and three crossings between Lincoln Street and
28
Because an extension of Cooley Road as described would run outside of the city’s UGB, it is included as a purely conceptual
project to be considered at a later date if the land in question is eventually added to the UGB. The incremental improvement of
north-south connectivity through new street connections east of Highway 99E may accomplish the same objective and
eliminate the need for Cooley Road itself to be extended.
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Young Street. Recommended crossing treatments include, but are not limited to: installing
pedestrian-actuated rectangular rapid flashing beacons (lights and signs that warn, but do not
stop traffic when a pedestrian is trying to cross), median refuge islands (raised islands in the
center of the roadway that provide a sheltered area where pedestrians can wait for gaps in
29
traffic), and improved street lighting.
Cost estimates (in 2011 dollars) for recommended transportation improvement projects included in this
amendment to the Woodburn TSP are provided in Table B1, and can be seen in Figure B2. Projects have
been organized to match the existing structure of the Woodburn TSP; as such, the projects listed in
30
Table B1 would be included as projects for the 2010-2020 time period.
While all projects are categorized in the same time frame according to the TSP, there may be
opportunities to advance some projects earlier. Potential phasing could include:
Short Term (0-5 years): Project No. 1, 2, 3, 4, 5, and 6
Medium Term (5-10 years): Project No. 7, 8, 9, 10, 11 and 12
Long Term (10-20 years): Project No. 13, 14, 15, 16
Potential funding sources have been identified in the City’s TSP. These sources could include Federal,
State or Marion County funds, Local Improvement Districts, Urban Renewal Districts, Transportation
Impact Fees, and General Obligation Bonds.
29
Note that Oregon law requires a motorist to stop for an extended period while pedestrians are crossing a street. Oregon law
also prohibits vehicles from standing or parking on railroad tracks. The placement of a marked crosswalk across Highway 99E, a
facility with high traffic volumes, must be executed in such a way that avoids queuing over the existing railroad track just north
of Cleveland Street. ODOT Rail Division opposes a crosswalk at Cleveland Street because of queuing concerns, unless the
intersection is fully signalized for vehicles and pedestrians and those signals are interconnected with the crossing signals. If a
crosswalk precedes the installation of the planned signalized intersection, the crosswalk should be a minimum of 150 feet from
the crossing.
30
Because the TSP was adopted in 2005, it does not identify projects further into the future than 2020. In order to maintain
consistency with the structure of the existing TSP, all the projects identified in this Plan have been listed in the 2010-2020 time
frame; however, the Highway 99E Corridor Plan is a 20-year plan and projects identified in this Plan are not all be likely to occur
before 2020. Appendix B includes an indication of the likely timing of the projects identified in this Plan.
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Figure B1: Street Design Standards for Highway 99E
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Table B1: Cost Estimates for Proposed Transportation Improvements
Project
Estimated Owning
Project Title
No. Capital Cost* Jurisdiction**
Ten to Fifteen Years (2010-2020)
Tier 1: Short Term Projects
Restrict turning movements and eventually close Silverton Avenue
1
$16,000 State/City
intersection with Highway 99E
Restrict turning movements and eventually close Birds Eye Avenue
2
$23,000 State/City
intersection with Highway 214
3 Implement Traffic Management Plan for Highway 99E corridor $45,000 State
Install pedestrian countdown timers and construct ADA ramps at
4
$110,000 State
signalized intersections on Highway 99E (3 intersections)
Construct curb extensions on select approaches to Highway 99E -
5
$60,000 State/City
parallel to highway, not narrowing highway (8 intersections)
6 Construct enhanced pedestrian crossings along Highway 99E (7 total) $280,000 State
Tier 2: Medium Term Projects
Coordinate Highway 99E traffic signals from Hardcastle Avenue to Young
7 $55,000 State
Street (and future Cleveland Street signal)
Improve Highway 99E/Young Street intersection to add a westbound
8 lane (providing separate left, through, and right lanes) and protective-$550,000 State
permissive left turn phasing on eastbound and westbound approaches
Close George Street intersection with Highway 214, maintaining passage
9
$60,000 State/City
for pedestrians, bicycles, and emergency vehicles
Construct new local street connecting George Street to Highway 214
10
$425,000 City
just west of the eastern UGB
11 Extend Mill Creek corridor off-street pathway to Belle Passi Road $840,000 County/City
Construct pedestrian/bicycle accessways between Highway 99E and
12
$675,000 City
residential areas (total of 5 locations – highly variable costs)
Tier 3: Long Term Projects
Highway 99E widening from Lincoln Street to 1,150 feet south of
13 $7,150,000 State
Cleveland Street
Highway 99E widening from 1,150 feet south of Cleveland Street to
14 $5,130,000 State
proposed southern UGB
Improve roadway lighting along Highway 99E corridor (assumed 60% of
15 $2,110,000 State
corridor)
Enhance north-south connectivity of local streets paralleling the
16 $8,270,000 County/City
Highway 99E corridor as part of property development or subdivision
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and/or by extending Cooley Road from Hardcastle Avenue to Highway
214 ***
Grand Total $25,799,000
Notes:
* Cost estimates are in 2011 dollars.
** Owning Jurisdiction does not necessarily indicate the likely funding source for the improvement. In some cases,
private development or other funding sources may contribute part or all of the cost of the improvement.
*** Because an extension of Cooley Road would run outside of the city’s UGB, it is included as a conceptual project
to be considered at a later date if the land in question is eventually added to the UGB. The incremental
improvement of north-south connectivity through new street connections east of Highway 99E may accomplish
the same objective and eliminate the need for Cooley Road itself to be extended.
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Figure B2: Proposed Transportation Improvements
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Appendix C:
Amendments to Woodburn
Development Ordinance
97
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The table below presents proposed draft code language for the new Mixed Use Village zone to
implement the land use changes associated with the preferred alternative. The proposed code language
is shown in the left-hand column; additional information about the background and rationale for the
proposed language is shown in the right-hand column.
Proposed Language Commentary
2.117Mixed Use Village (MUV)The new zone would become its own chapter in
the WDO. For convenience, it has been
numbered with the next available section
number; however, the city may prefer to
incorporate it after the other commercial /
mixed use zones (e.g. 2.109) and renumber the
subsequent chapters.
2.117.01Purpose Purpose language borrows from existing
language in CG, DDC, and NNC as appropriate.
The Mixed Use Village zone is intended to promote
efficient use of land and urban services; create a mixtureof
land uses that encourages employment and housing options
in close proximity to one another; restrict land extensive
commercial, storage, and industrial uses; and encourage
pedestrian-oriented development. This zone is intended to
be accessible to pedestrians and bicyclists, as well as
automobiles.
2.117.02Permitted Uses The city is in the process of updating the
development code, and is likely to make
The following uses, when developed under the applicable
changes to the way permitted uses are
development standards of the WDO, are permitted in the
organized and defined (such as moving away
MUV zone.
from the use of NAICS codes to define land
uses). Those changes are not reflected in the
sections below because the new zone must be
able fit into the existing code when it is
adopted. However, it is anticipated that the
organization of the permitted / conditional uses
may be modified along with the other zones as
part of the comprehensive code overhaul
project.
A. Residential Allows the following residential usesnot
currently allowed in CG:
The following residential uses are permitted in the MUV
Stand-alone multi-family at 12-32
1
zone:
DU/acre
Residential as part of vertical mixed
1. One dwelling unit in conjunction with a commercial use.
use at up to 32 DU/acre (no minimum)
Single-family attached at 12-24
2. Multiple-family dwelling units at a net density of
DU/acre
between 12 and 32 dwelling units per acre.
Nursing and assisted care facilities
3. Multiple-family dwellings built as part of a vertical
A footnote restricting residential uses next to
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Proposed Language Commentary
mixed use development at a maximum net density of 32 employment uses south of Cleveland will need
to be included in Section 2.117.02 Permitted
dwelling units per acre.
Uses.
4. Attached single-family residences at a net density of 12
to 24 dwelling units per acre
5. Nursing care facilities.
6. Assisted care facilities.
1
Residential uses are not permitted on parcels adjacent to
industrially zoned land. This restriction applies to parcels
south of Cleveland Street, east of Highway 99E.
B. Special Trade Contractors Allows existing special trade contractors to
continue as permitted uses. Differs from the CG
1. Plumbing, heating and air-conditioning contractors
in that new special trade contractors are not
lawfully existing as of [adoption date of new zone].
permitted to locate in the zone. Outdoor
storage and display are regulated through
2. Paper and wall coving contractors lawfully existing as of
development standards.
[adoption date of new zone].
3. Masonry, drywall, insulation and tile contractors lawfully
existing as of [adoption date of new zone].
4. Floor laying contractors lawfully existing as of [adoption
date of new zone].
5. Roofing, siding, and sheet metal construction contractors
lawfully existing as of [adoption date of new zone].
6. Glass and glazing contractors lawfully existing as of
[adoption date of new zone].
7. Building equipment and other machinery installation
contractors lawfully existing as of [adoption date of new
zone].
8. Ornamental ironwork contractors lawfully existing as of
[adoption date of new zone].
C. Manufacturing Allows existing manufacturers of fabricated
metal products and furniture to continue as
1. Fabricated metal product manufacturing when located
permitted uses provided that they are located
entirely within a building and lawfully existing as of
entirely within a building. Differs from the CG
[adoption date of new zone].
in that new manufacturers of fabricated metal
products and furniture are not permitted to
2. Household and institutional furniture and kitchen cabinet
locate in the zone.
manufacturing when located entirely within a building and
lawfully existing as of [adoption date of newzone].
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Proposed Language Commentary
D. Retail Trade Modifications from the CG zone include:
Allowing bakeries and printing and
1.Bakeries.
related support activities, as in DDC
and NNC
2.Printing and related support activities
Outdoor display and storage is
regulated through development
3. Automotive parts without installation.
standards rather than for particular
uses
4. Furniture and home furnishings.
Allows used merchandise stores
outright rather than conditionally
5. Electronics and appliance stores.
6. Building materials and garden equipment and supplies.
7. Food and beverage stores.
8. Health and personal care stores.
9. Clothing and accessory stores.
10. Sporting goods, hobby, book and music stores.
11. General merchandise stores.
12. Misc. retail EXCEPT manufactured (mobile) home
dealers.
CTransportation & Warehousing Makes customer-oriented transit facilities
permitted outright (other facilities associated
1.Postal service.
with transit were conditional uses and are no
2. Transit stops, stations, and related facilities.
longer permitted). Note that none of the terms
used in sub-section 2 are currently defined in
the code.
D. Information Same as in CG
1. Publishing.
2.Motion picture theaters EXCEPT drive-ins.
3.Radio and TV.
4. Cable networks.
5. Telecommunications. EXCEPT telecommunication
facilities subject to Section 2.204.03.
6. Information and data processing.
E. Finance and Insurance Allows pawn shops (same language as DDC)
1.Finance and insurance EXCEPT check cashing, pay day
loan and cash transfer establishments [other than banks] as
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Proposed Language Commentary
a predominant, ancillary, or required supporting use.
F. Real Estate and Rental and Leasing
Allows a slightly wider range of rental and
leasing uses than the CG zone. Regulates
1.Real estate.
outdoor display and storage through
2. Rental and leasing.
development standards.
G. Professional, Scientific & Technical Services Allows all the same uses as CG, but allows
indoor vet services and Scientific Research and
1. Professional, Scientific, and Technical Services
Development Services (5417) outright rather
EXCEPT veterinary service not located entirely within a
than conditionally.
building.
H. Administrative & Support Services Same as CG
1.Administrative and support services INCLUDING
employment, travel and investigation.
2.Management and corporate offices
I. Educational Service Somewhat more permissive than CG -allows
colleges & universities and most other
1.Educational services both public and private, EXCEPT
educational services except flight training or
Flight Training and Automobile Driving Schools.
automobile driving schools.
J. Health Care &Social Services Same as CG
1.Ambulatory health care EXCEPT Ambulance service.
2.Social services INCLUDING child day care services.
K. Arts, Entertainment & Recreation Similar to CG, but slightly different (allows
amusement arcades, does not allow spectator
1. Performing arts, EXCEPT spectator sports.
sports).
2. Museums and historic sites EXCEPT zoos.
3. Amusement arcades.
4. Fitness and recreational sports.
5. Bowling centers.
6. Other amusements INCLUDING ballrooms.
7. Community center.
L. Accommodation & Food Service Similar to CG, but slightly more permissive on
accommodations (allows hostels and cabins and
1. Traveler accommodation, EXCEPT casino hotels
cottages for tourist accommodation), and
slightly more restrictive on food service (does
2.Food service and drinking places EXCEPT food
not allow food contractors).
contractors and mobile food service.
M. Other Services Similar to CG, with the following differences:
Allows existing electronic and precision
1. Consumer Electronics Repair and Maintenance
equipment repair (8112) to continue as
a permitted use, but doesn’t allow new
2. Electronic and precision equipment repair, EXCEPT
electronic and precision equipment
consumer electronics repair and maintenance, lawfully
repair uses except for consumer
electronics repair.
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Proposed Language Commentary
existing as of [adoption date of new zone].
Prohibits newelectric motor repair,
but allows existing uses to continue as
3. Electric motor repair entirely within a building and
permitted uses.
lawfully existing as of [adoption date of new zone].
Allows Home goods repair (8114)
EXCEPT upholstery (81142) and leather
4. Home goods repair EXCEPT upholstery and leather
repair (81143) outright rather than
repair.
conditionally.
5.Personal care services INCLUDING barber shops and
beauty salons.
6. Personal and Household Goods Repair and Maintenance
7.Funeral home.
8. Dry cleaning and laundry service EXCEPT linen supply.
9.Photo finishing.
10.Parking lots and garages EXCEPT extended vehicle
storage.
11.All Other Personal Services INCLUDING bail bonding
and consumer buying services.
12. Religious, civic, professional and similar organizations.
N. Public Administration Same regulation as CG, but using same
language as DDC
1.Public administrationINCLUDING government offices,
courts, and police and fire stations.
O. Streets and Utilities Same as in CG
1.Rights of way and easements and the improvements
therein for streets, water, sanitary sewer, gas, oil, electric
and communication lines and for storm water facilities and
for pump stations.
2.117.03 Special Permitted Uses Same language as CG
The following uses, when developed under the applicable
development standards of the WDO including the special
development standards of Section 2.203, are permitted in
the MUV zone:
A. Craft industries subject to Section 2.203.07. Differences from CG zone:
B. Delivery services subject to Section 2.203.08.
Allows Craft industries as a special use
(like DDC)
C. Facilities during construction subject to Section
Leaves out complementary residential
2.203.10.
use since it is unnecessary with
D. Temporary outdoor marketing and special events subject
residential uses allowed outright
to Section 2.203.19.
2.117.04 Conditional Uses Same language as CG
The following uses may be permitted in the MUV zone
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Proposed Language Commentary
subject to the applicable development standards of the
WDOand the conditions of conditional use approval:
A. Retail Trade The uses under this heading are all land
extensive retail uses. Existing uses are allowed
1. Motor vehicle and parts dealers, EXCEPT automotive
to remain as conditional uses (as they are in the
parts without installation, lawfully existing as of [adoption
CG zone), but no new uses in these categories
date of new zone].
may be established in the zone.
2. Tractor and heavy equipment dealers lawfully existing as
of [adoption date of new zone].
Used merchandise stores, which were
3. Gasoline stations lawfully existing as of [adoption date
conditional in CG, are permitted outright in the
of new zone].
new zone.
4. Manufactured (mobile) home dealers lawfully existing as
of[adoption date of new zone].
B. Transportation & Warehousing The uses under this heading are all land
extensive and not pedestrian-friendly. Existing
1. Taxi service lawfully existing as of [adoption date of
uses are allowed to remain as conditional uses
new zone].
(as they are in the CG zone), but no new uses in
2. Limousine service lawfully existing as of [adoption date
these categories may be established in the
of new zone].
zone.
3. School transportation lawfully existing as of [adoption
date of new zone].
Urban transit system (48511) and Interurban
4. Charter bus service lawfully existing as of [adoption date
and rural transit (4852) are no longer
of new zone].
conditional uses – facilities serving passengers
5. Special needs transportation lawfully existing as of
(transit stops and stations) are permitted
[adoption date of new zone].
outright, but maintenance and other non-
6. Motor vehicle towing lawfully existing as of [adoption
customer facilities for transit are not permitted
date of new zone].
in the new zone.
7. Self- and mini-storage lawfully existing as of [adoption
date of new zone].
C. Finance and Insurance Check cashing, etc. treated the same as in CG;
pawn shops permitted outright rather than
1. Check cashing, pay day loans and cash transfer
conditionally.
establishments, other than banks.
E. Health Care and Social Services Prohibits new ambulance services (land
intensive and not pedestrian-friendly).
1. Ambulance service lawfully existing as of [adoption date
of new zone].
F. Accommodations and Food Service Prohibits new RV parks (land intensive and not
pedestrian-friendly).
1. Recreational vehicle parks lawfully existing as of
[adoption date of new zone].
G. Other Services Home goods repair (8114) EXCEPT upholstery
(81142) and leather repair (81143) is a
1. Automotive maintenance lawfully existing as of
permitted use rather than a conditional use.
[adoption date of new zone]. This use is allowed only when
located entirely within an enclosed building, except for
Uses under this heading are allowed to
short-term outdoor parking of vehicles waiting for service.
continue as conditional uses if already legally
2. Commercial and industrial equipment repair lawfully
established, but new uses in these categories
existing as of [adoption date of new zone].
are not permitted.
3. Linen supply lawfully existing as of [adoption date of
new zone].
H. Government and public utility buildings and structures Same as CG
EXCEPT uses permitted in Section 2.117.01 and
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Proposed Language Commentary
telecommunications facilities subject to Section 2.204.03.
2.117.05 Accessory Uses
Same language as CG
The following uses are permitted as accessory uses subject
to Sections 2.202 and 2.203.
A. Fence or free standing wall.
B. Accessory building.
2.117.06 Dimensional Standards
The following dimensional standards shall be the minimum
requirements for all development in the MUV zone.
A. Lot Standards. Same standard as the CG zone, but wording is
slightly different.
In the MUV zone the lot area shall be adequate to contain
all structures within the required setbacks. There shall be no
minimum width or depth.
B. Building Height. Same standard as in CG outside the Gateway
subdistrict
The maximum height of buildings shall not exceed 70 feet,
EXCEPT chimneys, spires, domes, flag poles and other
features not used for human habitation (EXCEPT
telecommunication facilities), shall not exceed 100 feet.
C. Setback and Buffer Standards.
1. Minimum Front Setback and Setback Abutting a Street. Reduces minimum front setbacks from 15’ to 0’.
There shall be no minimum building setback abutting a
street in excess of any Special Setback, Section 3.103.05.
2. Maximum Front Setback and Setback Abutting a Street. Establishes a recommended (not required)
maximum front setback of 15’.
The maximum setback abutting a Major Arterial street
should be 15 feet plus any Special Setback, Section
3.103.05.
3. Minimum Interior Side and Rear Setbacks:Same as CG zone.
a. Development in the MUV zone shall be subject to the
setback and buffer requirements of Table 2.1.XX.
TABLE 2.1.XX.
Abutting LandscapingWallInterior
Property Setback
RS, R1S, There is no Solid brick or 10 ft.
or RM buffer yard architectural
zone landscaping wall with
requirement anti-graffiti
for an interior surface, no
yard abutting less than 6
a buffer wall. feet or greater
than 7 feet in
height.
MUV, There is no Alternative Alternative
CO, CG, buffer yard A: A:
DDC, landscaping
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105
Proposed Language Commentary
NNC, requirement Wall 5 ft.
P/SP, IP, for an interior requirements
Alternative
SWIR or yard abutting shall be
B:
IL zone a buffer wall. determined in
conjunction
Zero
with the
setback
applicable
abutting a
Design
building
Review
wall.
process.
Alternative B:
No wall
required.
b. The minimum building setback from a private access Same language as in the CG zone.
easement shall be 5 feet.
3. In addition to subsections 1 and 2 above, setbacks and Sub-section 3 would apply existing guidelines
for maximum setbacks to yards abutting side
buffers are subject to the design guidelines of Section
streets where sub-section 2 does not apply.
3.107.06.
2.117.07 Development Standards
A. Applicability
1. Multiple-family dwellings shall be subject to the design This is generally consistent with how medium
density / multi-family residential is treated in
standards or guidelines of Section 3.107.05unless the
other zones, including DDC and the downtown
multiple-family dwellings are built as part of a vertical
Gateway subdistrict of CG.
mixed use development.
Stand-alone residential uses in the new zone
would not have to meet the same site
development or building design standards as
non-residential uses, which may be appropriate
for the residential uses, but could disrupt the
pattern of development along the corridor.
2. All development EXCEPT that described in Section References a new set of design guidelines and
standards applicable to the new zone.
2.117.07.A.1shall be subject to the architectural design
standards or guidelines of Section 3.107.10.
3. The change or expansion of an existing use on a non-This section is intended to allow proposals for
partial redevelopment of an existing non-
conforming site shall be subject to Section 1.104.02
conforming site to move towards compliance
EXCEPT that any change or expansion of an existing use
with these standards rather than having to
that cannot meet the Design Guidelines and Standards of
bring the full site into compliance, which could
Section 3.107.10.B, subsections 3 through 5, may be
require tearing down an existing building.
approved provided that it does not make the development
more nonconforming with respect to these standards.
B. Off Street Parking.Applies parking and access standards (same as
in CG zone).
All parking and access standards of Sections 3.104and
3.105shall apply.
C. Signs.Makes new zone subject to same sign
regulations as DDC and NNC (Table 3.110.10D)
Signs shall be subject to Section 3.110.10D.
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106
Proposed Language Commentary
rather than CG standards (Table 3.110.10B).
This effectively prohibits pole signs.
D. Street and sidewalk improvements.
1.The street frontage abutting a city street of a subject Similar to existing regulations in the CG,
property owners are required install sidewalks
property shall be improved with sidewalks and street trees
and street trees on city streets unless they
as required by Section 3.101. Sidewalks and trees shall be
obtain an exception under Section 5.103.12.
installed by the property owner to the standards of Section
They can also file a Performance Guarantee
3.101and 3.106. The improvement shall be determined at
with the City Administrator as a commitment to
the time of subdivision, PUD or design review as
construct the require improvements in the
applicable.
future under Section 4.102.07.
Note that frontage improvements are now
included in a separate section – See Additional
Proposed Code Amendments in the next
section.
E. Property Disposition. All uses shall be established and Standard language (same as CG).
conducted on lots of record, as defined by Section 1.102
and developed to the public facility and access standards of
Sections 3.101, 3.102 and 3.104.
1. New lots of record shall be subject to the following
standards and procedures:
a. Partitions, Section 3.108;
b. Subdivisions, Section 3.108; or
c. Planned Unit Development Section 3.109.
2. Alteration of the property lines of existing lots of record
shall be subject to the applicable following standards and
procedures:
a. Property Line Adjustment, Section 5.101.07.
b. Replatting, Section 3.108.
c. Vacation, applicable Oregon Revised Statutes.
3.107.10Guidelines and Standards for Non-Residential Design standards for the new zone will be
located in Section 3.107. The City is moving
and Mixed Use Structures inthe MUV zone
towards consolidating all design standards in
this section rather than including them in the
individual zones. As part of the on-going
comprehensive code update, the City may wish
to reorder the sections of 3.107 so that this
section follows 3.107.07.
A. Applicability.Buildings that are exclusively residential are
subject to Section 3.107.05, but mixed use
The following design guidelines and standards shall be
buildings with a residential component are
applicable to all buildings in the Mixed Use Village (MUV)
subject to this section.
zone that include a non-residential use,whether or not
residential uses are included in the structure.
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107
B. Site DevelopmentStandards.
1. The primary building entrance shallbe oriented toward Requires the primary entrance to face the
street or to the side – allows flexibility for
the street, toward a side yard, or any angle in between. For
development to put parking beside the building.
the purposes of this section, the “primary building
entrance” is the main public entrance to the building. In the
There are currently no requirements or
case where no public entrance exists, the “primary building
guidelines related to building entrance
entrance” is the main employee entrance. Where there are
orientation in the CG zone or applicable design
multiple buildings on a lot, all buildings shall comply with
guidelines.
this standard.
2. Buildings shouldoccupy a minimum of 50 percent of all Suggests (but does not require) that buildings
occupy a majority of the street frontage and
street frontages along public streets. Buildings should be
locate near the intersection for corner lots.
located at public street intersections.
(Same language as 3.107.07.B.1.a., which
applies in DDC and NNC.)
Existing building location guidelines applicable
to the CG zone (3.107.07.D) recommend (but do
not require) a maximum setback of 150 feet
from a street and building location and
orientation that complements abutting
development.
3. Parking areas shallbe limited to 50 percent of the street Language is similar to guideline from
3.107.07.B.1.e (which applies to DDC and NNC),
frontage abutting a Major Arterial.
but is stated as a standard (required) and
applied along Major Arterials (i.e. 99E).
Existing parking location guidelines applicable in
the CG zone (3.107.06.E) recommend (but do
not require) parking between the front of a
building and the street be limited to a
maximum of 130 feet.
4. Parking areas shall notbe located within a front yard or Prohibits parking within the space between the
front of the building and the street (regardless
within a side yard abutting a Major Arterial.
whether the “front” faces 99E or a side street).
If the “front” is on a side street, parking is also
prohibited between the building and 99E. Also
requires parking to be set back from the street
as far as the building is. This creates an
incentive to pull buildings up to the sidewalk,
and for development on corner lots to locate
buildings at the corner.
Currently, in the CG zone, parking is prohibited
within a required yard or special setback unless
it is adjacent to a wall.
5. All front yards and all side yards abutting a street either Where buildings are set back from a street, the
yard must either be landscaped or provide
shall be landscaped at a density of one (1) plant unit (PU)
outdoor seating or other hardscape amenities.
per 20 sq. ft., per Table 3.1.5., or shallbe occupied by
Note that there will be no yard if the building is
pedestrian amenities (e.g., plaza, outdoor seating, outdoor
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108
eating areas).set at the property line.
Existing landscaping standards applicable to the
CG zone (3.106.03.A.2.b) require landscaping at
the same density for all yards abutting a street
(including in parking areas), but do not allow for
pedestrian amenities as an alternative.
6. On-site pedestrian circulation.
a. Walkways shall connect all building entrances with This language is stronger than what is currently
required for the CG zone.
adjacent sidewalks and on-site parking areas, and shall
connect off-site adjacent uses to the site unless topographic
or existing development constraints preclude making
certain walkway connections.
b. Where walkways cross a parking area or driveway they This language is stronger than what is currently
required for the CG zone.
shall be clearly marked with contrasting paving materials
(e.g., light-color concrete inlay between asphalt), which
may be part of a raised/hump crossing area. Paint or
thermo-plastic striping and similar types of non-permanent
applications may be approved for crosswalks not exceeding
24 feet in length.
7.Drive through businesses.In addition to the Drive through lanes are treated the same way
as parking lots in terms of required screening
requirements of Section 3.104.02, the following standards
and landscaping in Section 4.a and 4.b above.
shall apply to drive through businesses:
a. Drive through windows are prohibited on a building
façade that faces Highway 99E.
b. Drive-through uses shall be located so that access and
egress to the drive-through features are from an on-site
drive aisle or other on-site circulation facility, not a public
street.
c. A maximum of two drive through service lanes shall be
permitted between a building façadeand a public street
right-of-way.
C. Architectural Design Guidelines and Standards.
1. Street-facing building façades. All street-facing building Provides two options for buildings to provide
visual interest and avoid blank walls.
elevations that are set back 50 feet or less from a public
street shallprovide visual interest and avoid blank walls by
There are existing guidelines applicable to the
meeting one or both of subsections a and/or b, below.
CG zone related to building façades, described
below.
a. A minimum of 40 percent of the ground floor wall area Requires a certain ground floor window
coverage to create a storefront environment as
shall contain windows, display areas, or doorway openings.
one option to create visual interest. The
Windows, display areas, or doorway openings used to meet
provisions 1 through 4 below are intended to
this standard shallcomply with the following provisions:
ensure that if the storefront environment
option is selected, the windows provide views
of something interesting from the street.
Existing design guidelines applicable in the CG
zone recommend (but do not require) that at
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109
least 30% of the wall surface abutting a street
should be glass (3.107.06.B.2.b.1).
Similar language to 2.107.06.D.8.b.1 (DDC
1) Required window areas shallbe either windows that
zone).
allow views into working areas or lobbies, pedestrian
entrances, or display windows.
2) Darkly tinted windows and mirrored windows that block Similar language to 2.107.06.D.8.b.4 (DDC
zone).
two-way visibility shall notbe used to meet this standard.
3) The sill or lower edge of a window, display area, or Similar language to 2.107.06.D.8.b.2 (DDC zone)
doorway used to meet this standard shall be no more than
four feet above grade. Where interior floor levels prohibit
such placement, the sill or lower edge must be raised to
allow it to be no more than two feet above the finished floor
level, up to a maximum height of six feet above grade.
4) Windows and doorways used to meet this standard shall Similar language to 2.107.06.D.6.f (DDC zone)
not be covered over with paper, boards, or cardboard
except during times of construction or remodeling and shall
be limited to a period of 120 days unless an extension is
otherwise granted by the city manager.
5) Ground floor wall area shall be measured from three feet Definition of ground floor wall area matches
that used in 3.107.07.B.2.b.1.
above grade to nine feet above grade the entire width of the
street-facing elevation.
b. Building façades that exceedforty (40) feet in length Requires architectural features that provide
visual interest for façades that do not meet the
shallincorporate features to vary the look of the façade at
window coverage standard above.
intervals not to exceed forty (40) feet. Such features may
include variable planes; projections; bays; dormers;
Existing design guidelines applicable in the CG
setbacks; canopies; awnings; parapets; and/or changes in
zone (3.107.07.B.1) recommend (but do not
the roof line, materials, color, or textures.
require) articulation of building façades visible
from streets and incorporation of three
dimensional design features.
2. All building façades visible from streets and public A similar guideline currently exists in the design
guidelines applicable to the CG zone. Suggests,
parking areas that are not subject to subsection
but does not require, façade variations for
3.107.10.C.1. shouldprovide façade variations as specified
building walls visible from the street if not
in subsection 3.107.10.C.1.b.
already required. Applies to building walls
visible from a street or parking area but more
than 50 feet away from the street.
3. Crime Prevention Through Environmental Design. In Encourages (but does not require) windows
allowing views of the street from buildings
order to enhance public safety and provide for “eyes on the
intended for regular human occupancy. This
street”, all buildings that will regularly be occupied should
helps create a sense of safety for pedestrians.
provide windows that allow a view of the street in all street-
Windows meeting this guideline would not have
facing building elevations.
to provide views into the building from the
street.
There is no similar existing guideline or
requirement applicable in the CG zone.
4.Weather protection. Weather protection for pedestrians, These guidelines and standards are taken from
the design guidelines that apply in the DDC and
such as awnings, canopies and arcades should be provided
NNC zones. Similar provisions are included in
at building entrances. Weather protection isencouraged
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110
along building frontages abutting a public sidewalk or a the design guidelines that apply in the CG and
other zones. They are included here for
hard-surfaced expansion of a sidewalk, and along building
consistency.
frontages between a building entrance and a public street or
access way. Awnings and canopies should not be back lit.
5. Building materials. Corrugated metal, plywood, sheet
press board or vinyl siding should be used as exterior finish
material. Plain concrete block and plain concrete should
not be used as exterior finish material EXCEPT as a
foundation material where the foundation material should
not be revealed for more than 2 feet.
6.Roofs and roof lines. EXCEPT in the case of a building
entrance feature, roofs should be designed as an extension
of the primary materials used for the building and should
respect the building’s structural system and architectural
style. False fronts and false roofs should notbe used.
7. Roof-mounted equipment. All roof-mounted equipment
shall be screened from view from adjacent public streets.
Satellite dishes and other communication equipment shall
be set back or positioned on a roof so that exposure from
adjacent public streets is minimized. Solar heating panels
shall be exempt from this guideline.
D. Parking lot landscaping and screening.
1. A minimum five-foot landscaped strip shallbe provided Requires a 5 foot landscaped strip between
parking areas, drive through lanes, and
between a parking lot or drive through lane and a public
sidewalks to buffer the sidewalk somewhat.
sidewalk. This area shallbe landscaped at a minimum
planting density of one (1) plant unit (PU) per 20 sq. ft., per
Existing guidelines and standards applicable in
Table 3.1.5.
the CG zone prohibit parking within a required
setback (15 feet) unless adjacent to a wall, and
require screening, but not necessarily from
landscaping. A low wall would satisfy both of
these existing requirements. This proposed
section would require a 5-foot setback with
landscaping in all cases.
2. All parking areas and drive through lanes abutting a Similar to existing parking lot landscaping
standards for CO and CG (3.106.03.A.2.b.2), but
street shall provide within the required 5 foot landscaped
allows a bioswale in place of screening.
strip either a 42-inch vertical visual screen from the
abutting street grade or a landscaped swale for stormwater
management. Acceptable design techniques to provide
screening include plant materials; berms; and freestanding,
architectural walls with an anti-graffiti finish. All
screening shallcomply with clear vision standards, Section
3.103.10.
3. Parking areas with more than 10 spaces shallbe divided Requires medium and large parking areas to be
broken up into groups of parking spaces. Same
by landscaped areas or walkways, or by a building or group
language as 2.107.06.D.13.c (DDC zone).
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111
of buildings.There are no existing requirements or
guidelines applicable to the CG zone that
address layout of the parking lot.
4. Parking lot landscaping shall be subject to the standards Same standards as CG.
The referenced section (3.106.03.C.1.a) will
of Section 3.106.03.C.
need to be updated to include the mixed use
zone in the list of zones.
E. Screening Standards.
1. Outdoor storage and display.
a. Outdoor storage and display located within 50 feet of a Requires that any outdoor storage and display
within 50 feet of a street be screened with a
front lot line or a lot line abutting a Major Arterial shall be
wall that provides visual interest through
screened from view from the adjacent streets by a wall that
architectural features. Exception allows for
complies with the standards of sub-section 2.b above,
outdoor retail display during business hours
EXCEPT for outdoor displays of merchandise during
(exception language mirrors 2.107.06.H).
business hours only that do exceed ten percent of the total
retail sales area. Displays of merchandise on public
sidewalks may not reduce usable walking area widths to
less than six feet.
b. Outdoor display and storage located more than 50 feet References and reiterates existing screening
standards for outdoor storage where more than
from a front lot line or a lot line abutting a Major Arterial
50 feet from a street
shall be subject to Section 3.107.06.F.1.
2. Common refuse collection facilities shallbe screened on Same language as CG.
all sides by an architectural block wall and solid gate, both
with an anti-graffiti surface, a minimum of six feet and a
maximum of seven feet in height.
F. Outdoor Lighting Standards. All outdoor lighting shall Same language as in the design guidelines and
standards applicable in the CG and other zones.
be designed so that:
1. Parking areas are evenly illuminated at ground level at
one foot candle;
2. Entrance and loading areas are illuminated at ground
level of two foot candles;
3. Illumination does not shine or reflect into any adjacent
residentially zoned or used property; and
4. Lighting does not cast a glare onto moving vehicles on
any public street.
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112
The tables below provide proposed Development Code amendments that implement the preferred
Highway 99E concept. Proposed amendments are shown in the applicable code section; language
recommended for addition to the code is double underlined and language recommended for removal is
struck through. The tables in which the amendments are presented include a commentary column
explaining the background and rationale for the proposed amendment. Not all recommended
amendments are proposed for adoption as part of the Corridor Plan; some proposed amendments are
applicable city-wide and are recommended for adoption as part of a later, more comprehensive
Development Code update.
ͿͿ
The modifications shown in this section would require developers to construct frontage improvements
on Highway 99E (this requirement currently applies only to city streets). These changes are
recommended as part of the package of code amendments to implement the Plan at time of adoption.
They primarily impact property in Segments 3 and 4 where street frontages are not improved to the
adopted standards.
Proposed AmendmentCommentary
3.101.02 General Provisions No changes proposed to this section.
Included for reference.
A. The access or driveway, for each lot shall be connected to the
existing public street system in compliance with Section 3.104.
B. No access permit shall be issued unless the internal street(s), No changes proposed to this section.
Included for reference.
boundary street(s) and connecting street(s) are constructed
pursuant to Section 3.101.02.C, UNLESS or until the applicant
has obtained an exception as provided in this section.
C. Design and Construction Standards.No changes proposed to this section.
Included for reference.
1. All public streets under the jurisdiction of the City of
Woodburn shall comply with the applicable cross section design
standards noted in Section 3.101.03 and construction
specifications of the Public Works Department.
2. All private streets in manufactured dwelling parks shall
comply with applicable City design standards and specifications
and state design standards and specifications where state
standards and specifications preempt City standards and
specifications.
D. Street Right of Way and Improvement Standards for No changes proposed to this section.
Included for reference.
Development.
Any development subject to an access permit, Section 3.104,
shall be responsible for adequate street rights of way and
improvements. The standards of Section 3.101.02.D may only be
modified subject to the approval of an exception, Section
5.103.12. In no instance may standards be reduced below
specified minimum, non-variable standards.
1. Connecting Street Standards. (Figure 6.12)
a. Right of Way Standard. The full right of way for the subject
street classification, Section 3.101.03, shall be required for a
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113
Proposed AmendmentCommentary
connecting street segment without an approved exception or
variance.
The minimum connecting street right of way shall be sufficient
to accommodate the connecting street improvement standard in
Section 3.102.D.1.b. below.
b. Street Improvement Standard. The full street improvement for
the subject street classification, Section 3.101.03, shall be
provided for a connecting street segment without an approved
exception.
The minimum connecting street improvement standard shall be
equivalent to:
1) One, 10 foot wide travel lane in each direction, in addition to
the required curbs, where the classification specifies a maximum
standard of two travel lanes;
2) Required drainage facilities;
3) The pedestrian and bikeway facilities located on one side of
the street that comply with the standards for the subject street
classification. In locations where the street classification
specifies a maximum standard of two travel lanes, the
connecting segment on the side with the pedestrian/bikeway
facilities shall be completed to standards, including the
landscaped parkway strip.
2. Boundary Street Standard. (Figure 6.12)
a. Right of Way Standard. The full right of way for the subject
street classification, Section 3.101.03, shall be required for a
boundary street without an approved exception.
The minimum standard for a boundary street right of way shall
be no less than the width necessary to accommodate the
boundary street improvement standard.
b. Street Improvement Standard. The full street improvement for
the subject street classification, Section 3.101.03, shall be
provided for a boundary street without an approved exception.
The minimum boundary street improvement standard shall be
equivalent to:
1) One, 10 foot wide travel lane in each direction, in addition to
the required curbs in each direction where the classification
specifies a maximum standard of two travel lanes;
2) Required drainage facilities; and
3) In addition to the improvements cited in 1) above, the full
improvement of the street from the center line to the boundary of
the subject property plus any center turn lane as described for the
street classification.
3. Internal Street Standards. (Figure 6.12)
a. All public streets within a development shall comply with the
full right of way and improvement standards of Section 3.101.03
without an approved variance.
b. All private park streets permitted in manufactured dwelling
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Proposed AmendmentCommentary
parks shall comply with the full requirements of Section
2.203.15, as set by statute.
E. Highway 99E Frontage Improvements.Requires sidewalks and street trees for
development along 99E. Also requires
1. Street frontage on Highway 99E shall be improved with
dedication of right of way at time of
sidewalks and street trees as specified in the Highway 99E
development. Existing regulations do not
Corridor Plan.
require full street improvements or right-
2. Highway 99E frontage improvements shall be coordinated
of-way dedication for streets that are not
with and approved by the City Engineer and ODOT.
under city jurisdiction (e.g. 99E).
3. Street Trees on Highway 99E:
a. Must be of a species and variety acceptable to ODOT.
Note: subsequent subsections will need to
b. Are prohibited within 250 feet of a rail crossing. Any street
be renumbered.
vegetation within 250 feet of a crossing is limited to ground
cover only, standing no higher than 3 feet at maturity.
4. Right of way consistent with the Highway 99E Corridor Plan
shall be dedicated to ODOT at time of development.
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The changes shown in this section reflect the cross-section widths for Highway 99E adopted as part of
the Highway 99E Corridor Plan to avoid requiring a greater undevelopable setback area on private
property than is needed based on the planned highway cross-sections.
Proposed Amendment
Commentary
3.103 Setback, Open Space and Lot Standards, Generally Existing language included for reference
(no changes to this part proposed).
3.103.05 Special Street Setbacks
A. Purpose.
The special setbacks in this Section are based upon the
functional classification of streets and roads described in the
Woodburn Transportation System Plan (WTSP). The purpose of
these special setbacks is to provide for adequate air movement,
solar access, visibility, aesthetics and compliance with the
development standards of the WDO when a major street is
improved.
B. Setback Requirements. Existing language included for reference
(no changes to this part proposed).
Required setbacks adjacent to a street shall be in addition to the
special setbacks required in this Section. The special setback
distances shall be measured at right angles to the center line of
the original street right of way.
C. Special Provisions. Existing language included for reference
(no changes to this part proposed).
Buildings, structures and paved surfaces shall not be located
within the special setbacks EXCEPT as specifically provided for
in the WDO. Any portion of a building or structure lawfully
established within a special street setback prior to date of the
WDO shall be considered a nonconforming structure.
D. Special Setback Standards. Special standards specific to the various
segments of Highway 99E are
Special setbackstandards by street classification are established
incorporated rather than the default 50
in Table 3.1.1. The special setback standards shall be applied to
feet required for other Major Arterials.
streets within the City of Woodburn as functionally classified in
This reduces the special setback in
the Woodburn Transportation System Plan.
Segments 1 and 2 to match the existing
right-of-way and in Segment 4 to match
the proposed cross-section. Segment 3
TABLE 3.1.1 Special Setback Standards by Street
remains at 50 feet because the adopted
Classification
cross-section in that area matches the
Major Arterial design standard.
WTSP Functional Special Setback from
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Proposed Amendment
Commentary
ClassificationCenter Line
Major Arterial(other than 50 feet
Highway 99E)
Highway 99E:
MP 30.85 to MP 32.41 45 feet
(Carl Road to Lincoln
Street)
MP 32.41 to MP 33.19
(Lincoln Street to 1,150 ft
50 feet
south of Cleveland Street)
MP 33.19 to 34.07 (1,150 ft
south of Cleveland Street to
40 feet
proposed South UGB)
Minor Arterial 37 feet
Service Collector 36 feet
Access Street/Commercial 33 feet
Street
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The changes to this section apply special local access management standards to development on
Highway 99E through the land use permitting process. These standards supplement, but do not replace,
ODOT access spacing standards.
Proposed AmendmentCommentary
3.104 Access Existing language included for reference
(no changes to this part proposed).
3.104.01 Applicability
A. Street Access Required.
1. Every lot shall have direct access to an abutting public street
or to a public street by an irrevocable access easement.
2. Every joint driveway or cross connection between separate
lots shall be established by an irrevocable access easement.
B. Access to City Streets, Permit Required. Existing language applicable to access to
city streets, included for reference (no
changes to this part proposed).
1. A City permit shall be required for any new or modified
vehicular access to a street that is under City jurisdiction. The
following types of access shall be subject to such a permit:
a. Site access to and/or from a City street;
b. An extension of an existing City street; or
c. A new public or private street connecting to a City street.
2. A Traffic Impact Analysis (TIA) may be required by the
Public Works Director […]
3. Administration of City access permit standards and
guidelines.
a. Type I Applications. Development subject to one of the
following Type I applications:
1) Design Standards for Single Family and Duplex Residential
Dwellings , Section 5.101.01; or [Section 3.104.01.B.3(1) as
amended by Ordinance No. 2383, ‘40, passed March 16, 2005.]
2) Access to a City Street, EXCLUDING Major and Minor
Arterial Streets, Section 5.101.12 shall be subject to the access
standards of this Section and street improvement standards in
Section 3.101 EXCEPT when the subject property is bound by
the requirements of a precedent land use decision that has not
been modified by a subsequent land use decision.
b. Type II and III Applications. Development subject to one of
the following Type II and III applications:
1) Type II Design Review, Section 5.102.02;
2) Type III Design Review, Section 5.103.02;
3) Access to a City Major or Minor Arterial Street, Section
5.102.04;
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Proposed AmendmentCommentary
4) Preliminary Partition Approval, Section 5.102.01;
5) Preliminary PUD Plan Approval, Section 5.103.07; or
6) Preliminary Subdivision Approval, Section 5.103.09
shall be subject to the access standards and guidelines specified
in this Section and street improvement standards in Section
3.101 EXCEPT when the subject property is bound by the
requirements of a precedent land use decision that has not been
modified by a subsequent land use decision.
4. A City access permit shall be subject to the requirements of
the WDO and Public Works Department standards.
C. Access to State Streets, Highways, and Interchanges.New text would require the City to review
Type II and III applications abutting 99E for
compliance with new local access
1. Access to a transportation facility under the jurisdiction of the
standards during site plan review or the
Oregon Department of Transportation (ODOT) shall be subject
regular local land use permitting process.
to the requirements of OAR 734-051.
2. In addition, for development on property abutting Oregon 99E
the City shall review the following types of applications for
compliance with the requirements of Section 3.104.03.B:
Section 5.102.02
1) Type II Design Review,;
Section 5.103.02
2) Type III Design Review, ;
Section 5.102.01
3) Preliminary Partition Approval, ;
Section 5.103.07
4) Preliminary PUD Plan Approval, ;
Section 5.103.09.
5) Preliminary Subdivision Approval,
3.104.03 Driveway Access Guidelines, Type II and III Existing language applicable to access to
city streets, included for reference (no
Applications
changes to this part proposed).
A. Guidelines for the Number and Location of Driveways, Type
II and Type III Applications.
1. The number of driveway accesses should be minimized based
on overall site design, including consideration of:
a. The function classification of abutting streets;
b. The on-site access pattern, including cross connected parking
and circulation, joint access, turnarounds and building
orientation;
c. The access needs of the use in terms of volume, intensity and
duration characteristics of trip generation.
2. Joint/Shared Access.
a. Partition lots. All lots created by a partition that access a
Major or Minor Arterial street shouldbe accessed via a single,
shared driveway with an on-site turnaround, UNLESS otherwise
required by Section 3.104.05.
b. The lot and street layout in a subdivision or PUD should be
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Proposed AmendmentCommentary
configured so that lots abutting a major street have access to a
local street. Where the layout necessitates access to a major
street, access for abutting lots should be shared and provided
with an on-site turnaround, UNLESS otherwise required by
Section 3.104.05.
c. Medium density residential, commercial, industrial uses and
other development subject to Type II or III Design Review
located on the same lot, or on abutting lots, that abut a Major
Arterial, Minor Arterial, or Service Collector should be designed
to share access to those major streets. A minimum of two
vehicular accesses shall be provided in developments with
eleven (11) or more medium density residential dwelling or
living units.
d. Shared/Joint Access Agreements. Shared and/or joint access
agreements serving properties under separate ownership shall be
subject to legal documentation, to the satisfaction of the City
Attorney, establishing permanent use of the access. The
agreement shall be recorded with the County Recorder and filed
with the Community Development Director.
3. Cross Connections.
a. All uses sited on one lot should have common, and/or
interconnected, off street parking and circulation facilities.
b. Similar, and/or compatible, uses on abutting lots should have
interconnected on-site access and parking facilities. Such shared
facilities serving properties under separate ownership shall be
subject to legal documentation, to the satisfaction of the City
Attorney, establishing permanent use of the access and parking
facilities. The agreement shall be recorded with the County
Recorder and filed with the Community Development Director.
4. Access to lots with multiple street frontages should be from
the abutting street(s) with the lowest functional classification.
5. Dysfunctional or unused driveways should be closed.
B. Access requirements for propertyabutting Oregon 99E.Establishes local requirements related to
access applicable to property abutting
99E. As described above, the city will
1. The number of driveways to Oregon 99E shall be minimized,
review Type II and III land use applications
consistent with OAR 734-051.
for property abutting 99E for compliance
with the standards. An ODOT access
2. All uses sited on one lot shall have common and/or
permit is still required.
interconnected off street parking and circulation facilities.
3. Similar and/or compatible uses on abutting lots shall have
interconnected and/or shared on-site access and parking facilities
where feasible. Such shared facilities serving properties under
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Proposed AmendmentCommentary
separate ownership shall be subject to legal documentation, to
the satisfaction of the City Attorney, establishing permanent use
of the access and parking facilities. The agreement shall be
recorded with the County Recorder and filed with the
Community Development Director.
4. Access to lots with multiple street frontages shall include
access from the abutting street(s) with the lowest functional
classification.
5. Access driveways shall be located to avoid or minimize
conflicts between entering and exiting vehicles from opposing
driveways.
6. Prior to issuance of building permits, an access permit shall be
obtained from ODOT for access to Oregon 99E.
B.C.Driveway Spacing Guidelines, Type II and III No change to this section except for
numbering. Applies only to city streets.
Applications.
The minimum separation of a driveway from: a) the special
setback of a parallel major street, b) the right of way of a parallel
local street, or c) from another driveway should be as follows.
1. Major Arterial Street: 300 feet;
2. Minor Arterial Street: 245 feet; and
3. Service Collector, Access or Local Street: 50 feet
EXCEPT where pre-existing conditions preclude such separation
the separation should be maximized.
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121
-
These modifications are recommended, but are not proposed for adoption as part of the Highway 99E
Corridor Plan because they would affect property throughout the city. It is recommended that the City
consider adopting these or similar amendments through the citywide code update that is taking place
concurrently with the development of the Corridor Plan.
3.107.06 Guidelines and Standards for Non-Residential Existing text is ambiguous on how
pedestrian and bicycle facilities should be
Structures in RS, R1S, RM, CO, CG and P/SP Zones
separated from other modes of
[…]
transportation. Recommended
modifications address pedestrian
C. Site and Building Access Guidelines.
circulation, requiring on-site pedestrian
connections to and from building
1. Access to and from the site and circulation within the site
entrances and walkways that are marked
should separate facilities for cars, trucks and transit from those
or distinguished by contrasting paving
for shall accommodate bicycles and pedestrians.
materials where pedestrians may come
into conflict with motorists.
a. Walkways shall connect all building entrances and on-site
Recommended text is loosely based on
parking areas, and shall connect off-site adjacent uses to the site
the Model Code, 3.1 Access and
unless topographic or existing development constraints preclude
Circulation.
making certain walkway connections.
NOTE: Need to add the following to the
b. Where walkways cross a parking area or driveway they shall
Definitions:
be clearly marked with contrasting paving materials (e.g., light-
Sidewalk. A paved walkway within a
color concrete inlay between asphalt), which may be part of a
street right-of-way improved to city
raised/hump crossing area. Paint or thermo-plastic striping and
standards, or to other roadway authority
similar types of non-permanent applications may be approved
standards, as applicable.
for crosswalks not exceeding 24 feet in length.
Walkway. A facility that provides
c. On-site bicycle parking shall meet the requirements of Section
pedestrian connectivity within the site and
3.105.02.H.10
to destinations adjacent to the site and
that may or may not be part of the street
d. Where bicycle and pedestrian facilities cannot be provided as
right-of-way.
part of required street improvements, due to existing
development, environmental constraints, or where streets have
Specific opportunity locations have been
been stubbed or cul-de-saced, pedestrian and bicycle identified for bicycle and pedestrian
access.
connections may still be required.
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122
These modifications are recommended, but are not proposed for adoption as part of the Highway 99E
Corridor Plan because they would affect property throughout the city. However, it is recommended that
the city consider adopting these or similar amendments through the citywide code update that is taking
place concurrently with the development of the Corridor Plan.
3.106.03 Landscaping Standards
A. Streetscape.
1. Street Trees. Within the public street right of way abutting a
development, or within an alley right of way in the DDC zone,
street trees shall be planted to City standards prior to final
occupancy.
a. Acceptable Types of Trees. See Section 6.103 for a
description of acceptable and unacceptable trees for this purpose,
classified by size and species.
b. Tree Density. Trees shall be planted at the following intervals
within the right of way, subject to Clear Vision Area standards,
Section 3.103.10 and Section 6.103:
1) Four (4) small trees per 100 feet of street frontage;
2) Three (3) medium trees per 100 feet of street frontage; or
3) Two (2) large trees per 100 feet of street frontage.
2. Front Yard and Yard Abutting a Street.
a. Landscaping Density for non-residential uses in the RS and
R1S zone and all uses in the RM, P/SP, IL, IP, and SWIR zones.
All front yards and yards abutting a street shall be landscaped at
a density of one (1)plant unit (PU) per 20 sq. ft.
b. Landscaping Design and Density in CO and CG zones.
1) All yards abutting a street, including off street parking and
circulation areas shall be landscaped at a density of one (1) plant
unit (PU) per 20 sq. ft.
2) Allparking areas abutting a street shall provide a 42-inch
vertical visual screen from the abutting street grade. Acceptable
design techniques to provide the screening include plant
materials; berms; freestanding, architectural walls with an anti-
graffiti finish, depressed grade for the parking area. All
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123
screening shall comply with the clear vision standards,
Section3.103.10.
Require trees between areas used for
3) All parking areas abutting a street where street trees meeting
parking and sidewalk where there are no
the standards of subsection 1 above have not been provided
street trees
within the public street right of way shall provide trees between
the street and the parking area. Such trees shall conform to the
street tree standards of subsection 1, above.
[…]
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Appendix D:
Typical Development
Footprints and Parking
Requirements
125
126
The table below illustrates the typical building size and parking requirements for a variety of commercial
uses that could locate within the proposed new zone or along the Highway 99E corridor. This
information is provided to illustrate what types of businesses could potentially locate along the corridor
and what size sites might be needed to accommodate such businesses.
Business Typical Parking Estimated Typical Parking Estimated
building size spaces minimum site building size spaces minimum site
in square feet required size needed in square feet required size needed
(low/average) (approx) (acres) (high) (approx) (acres)
Walmart 108,000 432 6.93
Fred Meyer 76,600 306 4.91 145,000 580 9.30
Kohl's 60,000 240 3.85 90,000 360 5.77
Large supermarket 40,000 160 2.57 60,000 240 3.85
Whole Foods 38,000 152 2.44
8-screen movie 18,000 200 2.40
theater
Home centers (home 14,000 16 0.51 100,000 111 3.60
improvement stores)
Office Depot 14,000 56 0.90 26,000 104 1.67
Best Buy 14,000 56 0.90
Drugstore (Rite Aid, 11,000 44 0.71 13,000 52 0.83
CVS, Walgreens)
Neighborhood 10,000 40 0.64
grocery store
Retail hardware store 8,500 9 0.30
Chili’s Restaurant 6,000 40 0.54
Napa Auto Parts 5,000 20 0.32 7,000 28 0.45
store or similar retail
Bank branch 4,000 11 0.21
Panera Bread Café 3,300 27 0.35 6,000 40 0.54
and Bakery (Paradise
Bakery)
Payless Shoes 3,200 13 0.21 4,200 17 0.27
McDonald’s 3,000 25 0.32 4,000 30 0.39
Single-brand clothing 2,800 11 0.18 9,000 36 0.58
stores
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127
Business Typical Parking Estimated Typical Parking Estimated
building size spaces minimum site building size spaces minimum site
in square feet required size needed in square feet required size needed
(low/average) (approx) (acres) (high) (approx) (acres)
Convenience store (7-2,400 10 0.16 3,000 12 0.19
11, AM/PM)
“Main Street” retail 2,000 8 0.13
(shops)
Jewelers 1,700 7 0.11 4,400 18 0.29
Restaurants and 1,500 18 0.21 5,000 35 0.47
cafes
GameStop 1,400 6 0.09
Professional offices 1,000 3 0.05 10,000 29 0.53
Nail / hair / beauty 1,000 4 0.06 2,000 6 0.11
salon
Bakery 600 1 0.02 2,120 3 0.08
Coffee shop 600 13 0.14 1,600 18 0.22
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128
Appendix E:
Access Management Tools
129
130
To help implement the access management objectivesand actions described, a collection of potential
mitigation tools and measures has been provided below. While not all applications will be appropriate
for various portions of the study area, this list will provide a menu of options for consideration.
Ȁ
A common method of reducing approach density is to
eliminate multiple approaches to a single property
where feasible. This can be done where it has been
determined that the property can adequately be
served with fewer approaches than it currently
maintains. However, where existing site circulation or
building locations create a dependency for the pre-
existing highway access, the ability to change site
access may require total or partial site redevelopment.
Sharing an approach to the highway is a means of
consolidating approaches while providing direct access
to properties that might not otherwise have it. This
tool is most advantageous when applied between two
“landlocked” properties that have no other means of
reasonable access than to the highway. Such
properties would typically be provided their own
approach. However, when a shared approach can be
arranged, the end result is only one approach to the
highway rather than two.
Because such arrangements require the establishment
of access easements, which represent an encumbrance on the property, this can be a difficult tool to
apply. Also, because easements can be voided later by the property owners, the long-term success of
these arrangements is uncertain. Because of this, it is often easiest to establish shared approaches
where the local development code enables that requirement and it can be made a condition of
approval. However, care should be taken to ensure adjacent land uses are compatible and that safe
vehicular circulation can be provided.
Inter-
When access is provided to allow vehicles to pass
between adjacent properties without using the
highway, unnecessary conflicts are removed. Vehicles
using the highway for cross-circulation between
adjacent properties can be particularly hazardous as
such drivers often drive the wrong way in travel lanes
and utilize very small gaps in traffic because they
perceive that they will only be on the highway for a
short time.
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131
Similar to the establishment of shared approaches, the provision of cross-circulation requires the
establishment of access easements between properties and can therefore be difficult to achieve.
Because such arrangements affect site circulation, the requirement for cross-circulation is best applied
during design review for new developments.
When locating and designing inter-parcel roadways, consistent treatments should be applied across
adjacent properties to facilitate passage over multiple lots. This should include using a consistent
roadway width and providing a common alignment where feasible (near the rear of the property away
from the highway approaches is generally preferred).
As a Regional Highway and city arterial, the primary
function of Highway 99E is for safe and efficient
passage for through traffic. Therefore, where feasible,
direct property access should be taken from facilities
of a lower classification, such as collectors or local
streets. This, in turn, lessens the number of potential
conflict points on the highway and moves them to a
lower speed, lower volume roadway where they can
be more easily accommodated.
This treatment is often a good option for properties
that have frontage along an alternate roadway of a
lower functional classification. However, where existing site circulation or building locations create a
dependency for the pre-existing highway access, the ability to change site access may require total or
partial site redevelopment. Also, before access is reestablished to a side street, it should be confirmed
that there would be adequate separation between the new driveway and the intersection with the
highway to avoid turning conflicts or frequent obstruction by vehicle queues. It should also be verified
that the side street intersection with the highway has sufficient capacity to accommodate the added site
traffic.
The number of conflict points on the highway
introduced by a particular approach can be
significantly reduced by restricting turn movements,
such as allowing only right-in and right-out
movements, allowing only right-in movements, or
prohibiting only left-out movements (as shown in
graphic).
Such restrictions are commonly applied through the
construction of non-traversable median barriers and
“pork chop” islands in the approach throat. Due to
high violation rates, “pork chop” treatments should
only be used in conjunction with median barriers (as
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132
shown in the graphic). Also, the use of pork chop islands to compliment median barriers may allow for
smaller median barrier designs – potentially avoiding blockage of nearby approaches.
A frontage road or backage road is a type of service road
that runs parallel to a major roadway and provides
alternative access to properties. Where the service road
runs between the major roadway and the abutting
development, it is commonly referred to as a frontage
road. However, when the service road runs behind the
abutting development, it is referred to as a backage road.
These roads may be either under public or private
ownership. When under private ownership, care should be
taken to ensure the road will be adequately maintained
and available for public use at all times.
Direct property access is provided along the frontage or backage road, rather than from the major
roadway. This allows the major roadway to better serve through traffic with fewer disruptions, while the
ingress and egress for abutting properties can occur from a lower-speed, lower-volume facility. A key
element in frontage/ backage road planning is the design and location of connections to and from the
major roadway or side streets.
Frontage and backage roads must be designed to accommodate emergency vehicles and large trucks.
The location of the frontage or backage road with respect to other public roadways and individual site
development features may impact whether or not sidewalks are needed on both sides of the roadway or
just on one side and may alter the buffer requirements. Decisions regarding the final required cross
section for frontage and backage roads can be made through development review. Given the
constrained nature of the commercial corridor along Highway 99E, the application of frontage and
backage roads may be more applicable at the north and south ends of the corridor.
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133
The followingproposed Comprehensive Plan amendments acknowledge and reference the Highway 99E
Corridor Plan as the guiding policy document for this important facility. These modifications update city
policies to reflect the intent and outcomes of the planning process that will result in an adopted
Highway 99E Corridor Plan. Language recommended for addition to the Comprehensive Plan is double
underlined and language recommended for removal is struck through.
A. Comprehensive Plan Designations and Implementation
The Land Use Plan
The Comprehensive Plan is based on the recent land use inventories, updated land needs analyses, and the
revised goals and policies in this Comprehensive Plan. The Comprehensive Plan represents the most
practical arrangement of land uses, considering existing development patterns and the future vision for
Woodburn, as embodied in the revised goals and policies.
Comprehensive Plan Designations
Woodburn has six principal comprehensive plan map designations, and twothreeoverlay designations,
with corresponding zoning districts:
Policy Table 1: Comprehensive Plan Designations and Implementing Zoning Districts
Density
Range
(Units Per
Net
Comprehensive Plan Buildable Minimum Lot Sizes or Unit
DesignationImplementing Zoning District(s)Acre)Area in Square Feet
Low Density RSSingle Family Residential 5.2-7.26 6,000 Interior Lot
Residential 8,000 Corner Lot
10,000 Duplex Lot
R1S
Retirement Community SFR Not 3,600 Interior Lot
Applicable 3,600 Corner Lot
RSN
Nodal Development Nodal Development SFR 7.9-10.89 4,000 Interior Lot
Overlay 4,500 Corner Lot
Medium Density RM Medium Density Residential 10-162,720 Per M-F Unit
Residential 10,000 Duplex Lot
RMN
Nodal Residential 1,980 Per M-F Unit
Nodal Development 10-22 8,000 Duplex Lot
Overlay (NDO) 3,000 Interior Rowhouse
3,600 Corner Rowhouse
Commercial CGGeneral Commercial Not applicable
DDC
Downtown Development and
Conservation
CO
Commercial Office
NCN
Nodal Development Nodal Neighborhood
Overlay (NDO) Commercial
MUV
Mixed Use Village Mixed Use Village
Overlay (MUVO)
Industrial IPIndustrial Park Not applicable
LI
Light Industrial
SWIR
Southwest Industrial Southwest Industrial Reserve
134
Reserve Overlay
(SWIR)
Open Space and Parks RCWODRiparian Corridor and Not applicable
Wetlands Overlay District
P/SP
Public Semi-Public
Public Use P/SPPublic Semi-Public Not applicable
Note: The net buildable area of a parcel excludes land dedicated for public rights-of-way or stormwater easements,
common open space, and unbuildable natural areas. For example, if a parcel has 10 acres, and 2 acres are removed
for streets and 2 acres are within the floodplain / riparian area, then 6 net buildable acres would remain. The range
of allowable densities is calculated based on net buildable acres. An acre has 43,560 square feet. Allowable
densities may be increased through the discretionary planned unit development review process.
Plan Implementation
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 thanothers 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 of the
ordinances which are suggested in this plan will be amended and perhaps entirely replaced by new
concepts. As long as the ordinance which is developed implements the goals and policies of the plan, a
change should not be necessary. However, at a minimum, the City should have basically the following
ordinances to implement the plan.
Zoning
…
Subdivision and Planned Unit Development Ordinances
…
Site Plan Review
…
Sign Ordinance
…
Transportation Plan
The Transportation System Plan (TSP) (2005) was revised to reflect changes in population, employment
and land use adopted in the Woodburn Comprehensive Plan (2005). The 2005 TSP includes goals and
objectives, forecasts traffic growth in the City, and identifies transportation improvements needed to
satisfy the forecasted growth. The plan:
Establishes the functional classification of roads and streets
Establishes street standard for each functional classification
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Evaluates interchange alternatives
Establishes alternative modes of transportation
Meets the Oregon Transportation Planning Rule
The Highway 99E Corridor Plan was adopted in 2012 to provide more detailed guidance about needed
transportation improvements, appropriate land uses, and the urban design vision for the section of
Highway 99E running through the City of Woodburn. The Corridor Plan amends and supplements the
2005 TSP and provides more specific guidance related to transportation improvements and design in the
Highway 99E corridor.
Capital Improvement Plans
…
Downtown and Urban Renewal
One of the main problems with land use and economy in the City has been the stagnated downtown area.
In response, the City adopted a downtown development plan and on Urban Renewal Agency and Plan.
The Urban Renewal Plan is a primary vehicle for revitalizing the Downtown area, including goals and
policies addressing financial assistance programs, citizen involvement, and physical improvements. The
downtown Development Plan was adopted as an element of the Comprehensive Plan.
Housing Codes
…
Flood Hazard Zone
…
Historical Site Zone
…
Housing Goals and Policies
…
Policies
…
D-2.2 It is the policy of the City to encourage a variety of housing types to accommodate the demands of
the local housing market. In Woodburn, the following needed housing types shall be allowed, subject to
clear and objective design standards, in the following zoning districts:
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Policy Table 2: Needed Housing Types and Implementing Zoning Districts
Needed Housing Type Implementing Zoning District(s)
Single Family Detached Residential RSSingle Family Residential
RS1
Retirement Community SFR
RSN
Nodal Development SFR
Manufactured Dwellings RSSingle Family Residential
RS1
On Individual Lots Retirement Community SFR
RM
In Parks Medium Density Residential
Attached Single Family Residential RMNNodal Residential
MUV
(Row Houses) Mixed Use Village
Duplexes On Corner LotsRSSingle Family Residential
RM
Generally Medium Density Residential
Multi -Family RMMedium Density Residential
RMN
Generally Nodal Residential
DDC
Above Downtown Development and Conservation
NNC
Commercial Nodal Neighborhood Commercial
MUV
Mixed Use Village
Government Assisted Housing* These “housing types” are based on financing or tenure, and are not
Farm Worker Housing* regulated by the City. If the housing type (e.g., single family,
Rental Housing* manufactured dwelling, attached single family, duplex, or multi-
family) is allowed in the underlying zoning district, these “housing
types” are allowed subject to applicable design standards.
F. Commercial Land Development and Employment
Commercial Land Designations
…
The second large commercial area that developed in the City is the commercialstrip along Highway 99E.
TheA history of commercial strip zoning along 99E has caused many problemsin the City of Woodburn.
This is because this type of development is the leastefficient use of commercial land and highway
frontage. To improve the efficiency of the commercial land and enhance the appearance and vitality of
this important commercial area, the City undertook the development of a plan for the corridor.The
resulting Highway 99E Corridor Plan, adopted in 2012, willguide future development and redevelopment
in the 99E corridor. Woodburn The Citywill work withproperty owners towards redeveloping this area
in the futurein line with the vision established in the Corridor Plan. By limiting thesupply of vacant
“green field” commercial land within the UGB, redevelopmentofunderutilized strip commercial lands is
more likely to occur. Access controlpolicies shall be observed when street improvements occur.
…
The fourth commercial area is the Highway 214/211/99E "Four Corners"intersection. This area has
become an important commercial district within theCity. This "Four Corners" area serves as a more local
retail service center. Thiscommercial district could realize more development in the future. In this area
development should be intensified so as to not create another commercial stripdevelopment.
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Commercial Lands Goals and Policies
Goal
F-1. Encourage infill and redevelopment of existing commercial areas within the community, as
well as nodal neighborhood centers, to meet future commercial development needs.
Policies
…
F-1.4 Architectural design of commercial areas should be attractive with a spacious feeling and enough
landscaping to reduce the visual impact of large expanses of asphalt parking areas. Nodal and mixed use
village commercial areas should be neighborhood and pedestrian oriented, with parking to the rear or side
of commercial buildings, and with pedestrian connections to neighboring residential areas.
…
F-1.10 The Highway 99E commercial corridor south of Lincoln should be redeveloped over time with
more intense mixed use development. The Mixed Use Village Overlay(MUVO)designates an area that
is intended to promote efficient use of land and urban services; create a mixture of land uses that
encourages employment and housing options in close proximity to one another; restrict land extensive
commercial, storage, and industrial uses; and encourage pedestrian-oriented development.
F-1.11 In order to spur desired developmentandredevelopment within the MUVO, and consistent with
the recommendations of the Highway 99E Corridor Plan, the City will apply the Mixed Use Village zone
ina strategic area in the vicinity of theYoung Street intersection.
F-1.12 The city shallinitiate a legislative zone change to designate remaining land within the area
designated MUVO and within the City limitsas MUV at such time as ODOT includes a project to
improve Highway 99E south of Lincoln in the Development Statewide Transportation Improvement
Program (DSTIP).
F.1.13 Property owners within the MUVO and within the City limits may petition the City to initiate a
legislative zone change to MUV for their property at any time.Land outside City limits within the
MUVO shallbe zoned MUV upon annexation.
F-1.14 The City intends to beautify the Highway 99E commercial corridor through measures such as
replacement of overhead power and telephone lines with underground utilities, enhancing street lighting
in the corridor, providing for non-conforming sign amortization, providing enhanced streetscape
furnishings in key pedestrianareas, and establishing a storefront improvement program. The Citywill
explore options to fund such improvements, including its Capital Improvement Program, formation of a
Local Improvement District, and Urban Renewal funds.
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H. Transportation
Transportation Goals and Policies
Woodburn amended its Transportation System Plan (TSP) in coordination withMarion County, the
Department of Land Conservation and Development (DLCD)and the Oregon Department of
Transportation (ODOT) as part of its 2005Periodic review package. The goals and policies listed below
have been amendedconsistent with the 2005 TSP. A new “Marion County Coordination” subsectionis
added to ensure coordination with the Goals and Policies of the Marion CountyGrowth Management
Framework Plan.
Goal
H-2. Develop a street system that will handle projected year 2020 trafficdemands in the Woodburn
area, and interconnects residential areaswith employment centers, schools, parks, churches, and
regionaltransportation facilities.
Policies
…
H-2.2 Work with ODOT to develop and implement strategies for improving state facilities within the
City. Develop a strategy for improving Oregon 219/214, and 211, and 99Ethrough Woodburn, including
added travel lanes, signalization, andaccess management.Work with ODOT to implement the Highway
99E Corridor Plan to improve Highway 99E.
H-2.3 Identify new east-west and north-south collector/minor arterial streetswithin the City to relieve
traffic demands on Oregon 219/214, 211, and99E and coordinate with Marion County to construct the
streetconnections needed outside of the urban growth boundary (UGB). Where development of new
collector/minor arterial streets is not possible within the near future, such as when an alignment runs
outside of the UGB, work with property owners during subdivision to provide local street connections to
improve connectivity in the interim.
…
Goal
H-3. Develop transportation improvements that address overall trafficsafety in the Woodburn
area.
Policies
H-3.1 Work with ODOT to improve safety on state facilities within the City. Develop access
management strategies for Oregon 219/214, and 211, and 99Ethrough Woodburn, particularly focusing
on the section of Oregon214 between Interstate 5 (I-5) and Cascade Drive, and Oregon 99E south of
Lincoln Avenue.Work with ODOT and property owners through the redevelopment process to improve
access management on Highway 99E in accordance with the access management strategies identified in
the Highway 99E Corridor Plan.
…
Goal
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H-6. Coordinate with Marion County in planning for a safe and efficientcounty-wide
transportation system by:
(a) Encouraging use of alternative modes of transportationincluding mass transit, bicycling,
walking and carpooling; and
(b) Addressing transportation needs appropriate to both urban andrural areas throughout the
county.
Policies
…
H-6.4 Woodburn should provide for a complementary mix of land uses andtransportation systems by
providing for mixed use development in theDowntown Development and Conservation (DDC), the
Mixed Use Village (MUV),and the NodalDevelopment Overlay (NDO) districts.
…
Goal
H-7. Coordinate with the Oregon Department of Transportation (ODOT)to maintain highway and
intersection capacity, safety andfunctionality by:
(a) Developing and adopting performance standards; and
(b) Prohibiting comprehensive plan amendments that do not meetadopted performance standards.
Policies
…
H-7.3 To ensure safety and long-range mobility on Highway 99E, the City shall be guided by the
following access management objectives:
(a)Ensure that all properties are provided reasonable access to the public street network, including
consideration of the economic development needs of each property.
(b)Driveways to commercial businesses on Highway 99E should be designed to allow for safe and
comfortable passage, improving existing driveways to comply with ODOT design standards as
opportunities arise.
(c)Consider locating business signage immediately adjacent to the downstream side of driveways to
improve theability of drivers to locate them.
(d)Provide convenient accessways for pedestrians and bicycles between the Highway 99E
commercial corridor and neighboring residential areas.
(e)Safe and convenient pedestrian walkwaysshould be provided between business entrances and
sidewalks along Highway 99E, minimizing conflicts between pedestrians and motor vehicles in
parking lots.
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(f)Consider prohibiting driveways or restricting turning movements to driveways adjacent to turning
pockets at intersections where necessary tomaintain safe highway operations.
(g)Seek opportunities to align driveways on opposite sides of roadways to avoid turning conflicts.
(h)Driveways to Highway 99E should maintain adequate intersection sight distance and at a
minimum shall maintain safe stopping sight distance along the highway.
(i)Reduce access points over time to move in the direction of meeting, ODOT’s adopted access
management spacing standards for Regional Highways.
(j)Create shared access points to reduce the overall number of driveways along theHighway 99E
corridor. Shared driveways must be supported through the establishment of easements allowing
for travel betweenadjacent properties.
(k)Provide inter-parcel circulation through cross-over easements, frontage or backage roads, or
shared parking lots where feasible.
(l)Utilize easements, frontage/backage roads, and lower classified city streets to allow for secondary
access to facilitate large truck and emergency service vehicle circulation.
(m)Seek opportunities to enhance the connectivity of the local street system surrounding Highway
99E.
H-7.4 The City will actively participate in developing strategies and solutions to mitigate impacts to
property owners that may result from implementing future highway design and planned built
improvements.
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The Comprehensive Plan map will be amended to include the Mixed Use Village Overlay (MUVO), which
indicates the ultimate extent of the planned Mixed Use Village. The area that will be designated with
the MUVO is shown in Figure A1. In addition, the Comprehensive Plan designation for parcels currently
Industrial or Low Density Residential within the MUVO, will need to beamended to Commercial.
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Figure A1: Comprehensive Plan Map Mixed Use Village Overlay
143
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To facilitate the implementation of improvements identified through the Woodburn Highway 99E
Corridor Plan, the following amendments are recommended to the Woodburn Transportation System
26
Plan (TSP).
Street design standards are shown in Figure 7-2 and discussed on page 7-3 of the TSP. However, these
standards are only applicable to city streets. Therefore, the street design standards shown in Figure B1
are to be applied to Highway 99E.
The intermediate to long-term (approximately 2010-2020) project identified for Oregon 99E on page 7-5
of the TSP is replaced with the following project:
Highway 99E: As redevelopment occurs in the corridor, upgrade to be compliant with the design
standards for Highway 99E provided in Figure B1. This would ensure continuous pedestrian and
bicycle facilities along the corridor as well as the implementation of access management
27
strategies.
The following projects are added to the 2010-2020 project list on page 7-5 of the TSP:
Restrict turn movements and eventually close the Silverton Avenue intersection on Highway 99E
and vacate the segment of Silverton Avenue between Highway 99E and Bird’s Eye Avenue.
Restrict turn movements and eventually close the Birds Eye Avenue intersection on Highway 214
and vacate the segment of Birds Eye Avenue between Highway 214 and Silverton Avenue.
Work with ODOT to develop and implement a Traffic Management Plan for the Highway 99E
corridor that responds to increased congestion resulting from incidents on I-5 and regional
events.
Update roadway lighting to meet ODOT roadway lighting standards.
Coordinate the traffic signals on Highway 99E from Hardcastle Avenue through Cleveland Street.
Signals should be interconnected and signal timings should be optimized.
Construct an additional westbound lane on Young Street at the intersection with Highway 99E to
accommodate separate left, through, and right turn lanes (additional right-of-way will likely be
required).
Implement protected-permissive left turn phasing on the eastbound and westbound approaches
of Young Street at the intersection with Highway 99E.
26
Woodburn Transportation System Plan, Volume 1 Text, October 2005.
27
In the stretch of highway between MP 33.08 and 33.19, where the roadway will transition from a five-lane cross-section to a
three-lane cross-section, dedication of the full 100 feet of right-of-way is recommended to allow for engineering of the
transition as needed; however, installing sidewalks and other improvements at their final locations will likely not be feasible if
engineering drawings for the highway improvement have not been completed.
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Close the intersection of George Street at Highway 214 to through motor vehicle travel, leaving
it accessible by pedestrians, bicycles, and emergency vehicles only. This project shall not be
constructed prior to the project that would construct a new local street connecting George
Street to Highway 214 just west of the urban growth boundary (see New Streets, project (a)).
The following projects are added to the intermediate to long-term (next 10-15 years) project list on page
7-6 of the TSP:
Construct a new local street connecting George Street to Highway 214 just west of the eastern
urban growth boundary.
Enhance north-south connectivity of local streets paralleling the Highway 99E corridor as part of
property development or subdivision and/or by extending Cooley Road from Hardcastle Avenue
28
to Highway 214.
The pedestrian plan described on pages 7-9 and 7-10, as well as Figure 7-3, of the TSP is amended to
include the following projects:
Install countdown pedestrian timers and construct ADA enhancements at signalized
intersections along Highway 99E.
Construct curb extensions to shorten pedestrian crossing distances on approaches to Highway
99E where appropriate (no curb extensions are to be constructed that would narrow the width
of Highway 99E itself). Street approaches where curb extensions should be considered include:
Alexandria Avenue, James Street, Williams Street, Blaine Street, Aztec Drive, Laurel Avenue, and
Tomlin Avenue.
Provide pedestrian and bicycle access to Highway 99E from adjacent residential neighborhoods.
This will require development of accessways and obtaining easements. Pedestrian/bicycle
accessways must include a paved surface of at least 10 feet wide with a minimum vertical
clearance of 10 feet. Potential locations for pedestrian/bicycle accessways connecting to
Highway 99E include: from June Way (near the Audrey Way intersection), from Johnson Street,
from Elm Street, from Wilson Street, and from Hawley Street (possibly part of future street
extension).
Construct enhanced pedestrian crossings of Highway 99E. Identification of crossing locations
should occur through collaborative efforts with the community and the Oregon Department of
Transportation. The maximum potential for enhanced pedestrian crossing locations is estimated
to include: three crossings between Mt Hood Avenue and Hardcastle Avenue, one crossing
between Hardcastle Avenue and Lincoln Street, and three crossings between Lincoln Street and
28
Because an extension of Cooley Road as described would run outside of the city’s UGB, it is included as a purely conceptual
project to be considered at a later date if the land in question is eventually added to the UGB. The incremental improvement of
north-south connectivity through new street connections east of Highway 99E may accomplish the same objective and
eliminate the need for Cooley Road itself to be extended.
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Young Street. Recommended crossing treatments include, but are not limited to: installing
pedestrian-actuated rectangular rapid flashing beacons (lights and signs that warn, but do not
stop traffic when a pedestrian is trying to cross), median refuge islands (raised islands in the
center of the roadway that provide a sheltered area where pedestrians can wait for gaps in
29
traffic), and improved street lighting.
Cost estimates (in 2011 dollars) for recommended transportation improvement projects included in this
amendment to the Woodburn TSP are provided in Table B1, and can be seen in Figure B2. Projects have
been organized to match the existing structure of the Woodburn TSP; as such, the projects listed in
30
Table B1 would be included as projects for the 2010-2020 time period.
While all projects are categorized in the same time frame according to the TSP, there may be
opportunities to advance some projects earlier. Potential phasing could include:
Short Term (0-5 years): Project No. 1, 2, 3, 4, 5, and 6
Medium Term (5-10 years): Project No. 7, 8, 9, 10, 11 and 12
Long Term (10-20 years): Project No. 13, 14, 15, 16
Potential funding sources have been identified in the City’s TSP. These sources could include Federal,
State or Marion County funds, Local Improvement Districts, Urban Renewal Districts, Transportation
Impact Fees, and General Obligation Bonds.
29
Note that Oregon law requires a motorist to stop for an extended period while pedestrians are crossing a street. Oregon law
also prohibits vehicles from standing or parking on railroad tracks. The placement of a marked crosswalk across Highway 99E, a
facility with high traffic volumes, must be executed in such a way that avoids queuing over the existing railroad track just north
of Cleveland Street. ODOT Rail Division opposes a crosswalk at Cleveland Street because of queuing concerns, unless the
intersection is fully signalized for vehicles and pedestrians and those signals are interconnected with the crossing signals. If a
crosswalk precedes the installation of the planned signalized intersection, the crosswalk should be a minimum of 150 feet from
the crossing.
30
Because the TSP was adopted in 2005, it does not identify projects further into the future than 2020. In order to maintain
consistency with the structure of the existing TSP, all the projects identified in this Plan have been listed in the 2010-2020 time
frame; however, the Highway 99E Corridor Plan is a 20-year plan and projects identified in this Plan are not all be likely to occur
before 2020. Appendix B includes an indication of the likely timing of the projects identified in this Plan.
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Figure B1: Street Design Standards for Highway 99E
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Table B1: Cost Estimates for Proposed Transportation Improvements
Project Estimated Owning
Project Title
No. Capital Cost* Jurisdiction**
Ten to Fifteen Years (2010-2020)
Tier 1: Short Term Projects
Restrict turning movements and eventually close Silverton Avenue
1 $16,000 State/City
intersection with Highway 99E
Restrict turning movements and eventually close Birds Eye Avenue
2 $23,000 State/City
intersection with Highway 214
3 Implement Traffic Management Plan for Highway 99E corridor $45,000 State
Install pedestrian countdown timers and construct ADA ramps at
4 $110,000 State
signalized intersections on Highway 99E (3 intersections)
Construct curb extensions on select approaches to Highway 99E -
5 $60,000 State/City
parallel to highway, not narrowing highway (8 intersections)
6 Construct enhanced pedestrian crossings along Highway 99E (7 total) $280,000 State
Tier 2: Medium Term Projects
Coordinate Highway 99E traffic signals from Hardcastle Avenue to Young
7 $55,000 State
Street (and future Cleveland Street signal)
Improve Highway 99E/Young Street intersection to add a westbound
lane (providing separate left, through, and right lanes) and protective-
8 $550,000 State
permissive left turn phasing on eastbound and westbound approaches
Close George Street intersection with Highway 214, maintaining passage
9 $60,000 State/City
for pedestrians, bicycles, and emergency vehicles
Construct new local street connecting George Street to Highway 214
10 $425,000 City
just west of the eastern UGB
11 Extend Mill Creek corridor off-street pathway to Belle Passi Road $840,000 County/City
Construct pedestrian/bicycle accesswaysbetween Highway 99E and
12 $675,000 City
residential areas (total of 5 locations – highly variable costs)
Tier 3: Long Term Projects
Highway 99E widening from Lincoln Street to 1,150 feet south of
13 $7,150,000 State
Cleveland Street
Highway 99E widening from 1,150 feet south of Cleveland Street to
14 $5,130,000 State
proposed southern UGB
Improve roadway lighting along Highway 99E corridor (assumed 60% of
15 $2,110,000State
corridor)
Enhance north-south connectivity of local streets paralleling the
16 $8,270,000 County/City
Highway 99E corridor as part of property development or subdivision
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and/or by extending Cooley Road from Hardcastle Avenue to Highway
214 ***
Grand Total $25,799,000
Notes:
* Cost estimates are in 2011 dollars.
** Owning Jurisdiction does not necessarily indicate the likely funding source for the improvement. In some cases,
private development or other funding sources may contribute part or all of the cost of the improvement.
*** Because an extension of Cooley Road would run outside of the city’s UGB, it is included as a conceptual project
to be considered at a later date if the land in question is eventually added to the UGB. The incremental
improvement of north-south connectivity through new street connections east of Highway 99E may accomplish
the same objective and eliminate the need for Cooley Road itself to be extended.
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Figure B2: Proposed Transportation Improvements
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The table below presents proposed draft code language for the new Mixed Use Village zone to
implement the land use changes associated with the preferred alternative. The proposed code language
is shown in the left-hand column; additional information about the background and rationale for the
proposed language is shown in the right-hand column.
Proposed Language Commentary
2.117 Mixed Use Village (MUV)The new zone would become its own chapter in
the WDO. For convenience, it has been
numbered with the next available section
number; however, the city may prefer to
incorporate it after the other commercial /
mixed use zones (e.g. 2.109) and renumber the
subsequent chapters.
2.117.01Purpose Purpose language borrows from existing
language in CG, DDC, and NNC as appropriate.
The Mixed Use Village zone is intended to promote
efficient use of land and urban services; create a mixtureof
land uses that encourages employment and housing options
in close proximity to one another; restrict land extensive
commercial, storage, and industrial uses; and encourage
pedestrian-oriented development. This zone is intended to
be accessible to pedestrians and bicyclists, as well as
automobiles.
2.117.02 Permitted Uses The city is in the process of updating the
development code, and is likely to make
The following uses, when developed under the applicable
changes to the way permitted uses are
development standards of the WDO, are permitted in the
organized and defined (such as moving away
MUV zone.
from the use of NAICS codes to define land
uses). Those changes are not reflected in the
sections below because the new zone must be
able fit into the existing code when it is
adopted. However, it is anticipated that the
organization of the permitted / conditional uses
may be modified along with the other zones as
part of the comprehensive code overhaul
project.
A. Residential Allows the following residential usesnot
currently allowed in CG:
The following residential uses are permitted in the MUV
Stand-alone multi-family at 12-32
1
zone:
DU/acre
Residential as part of vertical mixed
1. One dwelling unit in conjunction with a commercial use.
use at up to 32 DU/acre (no minimum)
Single-family attached at 12-24
2. Multiple-family dwelling units at a net density of
DU/acre
between 12 and 32 dwelling units per acre.
Nursing and assisted care facilities
3. Multiple-family dwellings built as part of a vertical
A footnote restricting residential uses next to
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Proposed Language Commentary
mixed use development at a maximum net density of 32 employment uses south of Cleveland will need
to be included in Section 2.117.02 Permitted
dwelling units per acre.
Uses.
4. Attached single-family residences at a net density of 12
to 24 dwelling units per acre
5. Nursing care facilities.
6. Assisted care facilities.
1
Residential uses are not permitted on parcels adjacent to
industrially zoned land. This restriction applies to parcels
south of Cleveland Street, east of Highway 99E.
B. Special Trade Contractors Allows existing special trade contractors to
continue as permitted uses. Differs from the CG
1. Plumbing, heating and air-conditioning contractors
in that new special trade contractors are not
lawfully existing as of [adoption date of new zone].
permitted to locate in the zone. Outdoor
storage and display are regulated through
2. Paper and wall coving contractors lawfully existing as of
development standards.
[adoption date of new zone].
3. Masonry, drywall, insulation and tile contractors lawfully
existing as of [adoption date of new zone].
4. Floor laying contractors lawfully existing as of [adoption
date of new zone].
5. Roofing, siding, and sheet metal construction contractors
lawfully existing as of [adoption date of new zone].
6. Glass and glazing contractors lawfully existing as of
[adoption date of new zone].
7. Building equipment and other machinery installation
contractors lawfully existing as of [adoption date of new
zone].
8. Ornamental ironwork contractors lawfully existing as of
[adoption date of new zone].
C. Manufacturing Allows existing manufacturers of fabricated
metal products and furniture to continue as
1. Fabricated metal product manufacturing when located
permitted uses provided that they are located
entirely within a buildingand lawfully existing as of
entirely within a building. Differs from the CG
[adoption date of new zone].
in that new manufacturers of fabricated metal
products and furniture are not permitted to
2. Household and institutional furniture and kitchen cabinet
locate in the zone.
manufacturing when located entirely within a building and
lawfully existing as of [adoption date of newzone].
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Proposed Language Commentary
D. Retail Trade Modifications from the CG zone include:
Allowing bakeries and printing and
1. Bakeries.
related support activities, as in DDC
and NNC
2. Printing and related support activities
Outdoor display and storage is
regulated through development
3. Automotive parts without installation.
standards rather than for particular
uses
4. Furniture and home furnishings.
Allows used merchandise stores
outright rather than conditionally
5. Electronics and appliance stores.
6. Building materials and garden equipment and supplies.
7. Food and beverage stores.
8. Health and personal care stores.
9. Clothing and accessory stores.
10. Sporting goods, hobby, book and music stores.
11. General merchandise stores.
12. Misc. retail EXCEPT manufactured (mobile) home
dealers.
CTransportation & Warehousing Makes customer-oriented transit facilities
permitted outright (other facilities associated
1. Postal service.
with transit were conditional uses and are no
2. Transit stops, stations, and related facilities.
longer permitted). Note that none of the terms
used in sub-section 2 are currently defined in
the code.
D. Information Same as in CG
1. Publishing.
2. Motion picture theaters EXCEPT drive-ins.
3. Radio and TV.
4. Cable networks.
5. Telecommunications. EXCEPT telecommunication
facilities subject to Section 2.204.03.
6. Information and data processing.
E. Finance and Insurance Allows pawn shops (same language as DDC)
1. Finance and insurance EXCEPT check cashing, pay day
loan and cash transfer establishments [other than banks] as
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155
Proposed Language Commentary
a predominant, ancillary, or required supporting use.
F. Real Estate and Rental and Leasing Allows a slightly wider range of rental and
leasing uses than the CG zone. Regulates
1. Real estate.
outdoor display and storage through
2. Rental and leasing.
development standards.
G. Professional, Scientific & Technical Services Allows all the same uses as CG, but allows
indoor vet services and Scientific Research and
1. Professional, Scientific, and Technical Services
Development Services (5417) outright rather
EXCEPT veterinary service not located entirely within a
than conditionally.
building.
H. Administrative & Support Services Same as CG
1. Administrative and support services INCLUDING
employment, travel and investigation.
2. Management and corporate offices
I. Educational Service Somewhat more permissive than CG -allows
colleges & universities and most other
1. Educational services both public and private, EXCEPT
educational services except flight training or
Flight Training and Automobile Driving Schools.
automobile driving schools.
J. Health Care &Social Services Same as CG
1. Ambulatory health care EXCEPT Ambulance service.
2. Social services INCLUDING child day care services.
K. Arts, Entertainment & Recreation Similar to CG, but slightly different (allows
amusement arcades, does not allow spectator
1. Performing arts, EXCEPT spectator sports.
sports).
2. Museums and historic sites EXCEPT zoos.
3. Amusement arcades.
4. Fitness and recreational sports.
5. Bowling centers.
6. Other amusements INCLUDING ballrooms.
7. Community center.
L. Accommodation & Food Service Similar to CG, but slightly more permissive on
accommodations (allows hostels and cabins and
1. Traveler accommodation, EXCEPT casino hotels
cottages for tourist accommodation), and
slightly more restrictive on food service (does
2. Food service and drinking places EXCEPT food
not allow food contractors).
contractors and mobile food service.
M. Other Services Similar to CG, with the following differences:
Allows existing electronic and precision
1. Consumer Electronics Repair and Maintenance
equipment repair (8112) to continue as
a permitted use, but doesn’t allow new
2. Electronic and precision equipment repair, EXCEPT
electronic and precision equipment
consumer electronics repair and maintenance, lawfully
repair uses except for consumer
electronics repair.
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Proposed Language Commentary
existing as of [adoption date of new zone].
Prohibits newelectric motor repair,
but allows existing uses to continue as
3. Electric motor repair entirely within a building and
permitted uses.
lawfully existing as of [adoption date of new zone].
Allows Home goods repair (8114)
EXCEPT upholstery (81142) and leather
4. Home goods repair EXCEPT upholstery and leather
repair (81143) outright rather than
repair.
conditionally.
5. Personal care services INCLUDING barber shops and
beauty salons.
6. Personal and Household Goods Repair and Maintenance
7. Funeral home.
8. Dry cleaning and laundry service EXCEPT linen supply.
9. Photo finishing.
10. Parking lots and garages EXCEPT extended vehicle
storage.
11. All Other Personal Services INCLUDING bail bonding
and consumer buying services.
12. Religious, civic, professional and similar organizations.
N. Public Administration Same regulation as CG, but using same
language as DDC
1. Public administrationINCLUDING government offices,
courts, and police and fire stations.
O. Streets and Utilities Same as in CG
1. Rights of way and easements and the improvements
therein for streets, water, sanitary sewer, gas, oil, electric
and communication lines and for storm water facilities and
for pump stations.
2.117.03 Special Permitted Uses Same language as CG
The following uses, when developed under the applicable
development standards of the WDO including the special
development standards of Section 2.203, are permitted in
the MUV zone:
A. Craft industries subject to Section 2.203.07. Differences from CG zone:
B. Delivery services subject to Section 2.203.08.
Allows Craft industries as a special use
(like DDC)
C. Facilities during construction subject to Section
Leaves out complementary residential
2.203.10.
use since it is unnecessary with
D. Temporary outdoor marketing and special events subject
residential uses allowed outright
to Section 2.203.19.
2.117.04 Conditional Uses Same language as CG
The following uses may be permitted in the MUV zone
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Proposed Language Commentary
subject to the applicable development standards of the
WDOand the conditions of conditional use approval:
A. Retail Trade The uses under this heading are all land
extensive retail uses. Existing uses are allowed
1. Motor vehicle and parts dealers, EXCEPT automotive
to remain as conditional uses (as they are in the
parts without installation, lawfully existing as of [adoption
CG zone), but no new uses in these categories
date of new zone].
may be established in the zone.
2. Tractor and heavy equipment dealers lawfully existing as
of [adoption date of new zone].
Used merchandise stores, which were
3. Gasoline stations lawfully existing as of [adoption date
conditional in CG, are permitted outright in the
of new zone].
new zone.
4. Manufactured (mobile) home dealers lawfully existing as
of[adoption date of new zone].
B. Transportation & Warehousing The uses under this heading are all land
extensive and not pedestrian-friendly. Existing
1. Taxi service lawfully existing as of [adoption date of
uses are allowed to remain as conditional uses
new zone].
(as they are in the CG zone), but no new uses in
2. Limousine service lawfully existing as of [adoption date
these categories may be established in the
of new zone].
zone.
3. School transportation lawfully existing as of [adoption
date of new zone].
Urban transit system (48511) and Interurban
4. Charter bus service lawfully existing as of [adoption date
and rural transit (4852) are no longer
of new zone].
conditional uses – facilities serving passengers
5. Special needs transportation lawfully existing as of
(transit stops and stations) are permitted
[adoption date of new zone].
outright, but maintenance and other non-
6. Motorvehicle towing lawfully existing as of [adoption
customer facilities for transit are not permitted
date of new zone].
in the new zone.
7. Self- and mini-storage lawfully existing as of [adoption
date of new zone].
C. Finance and Insurance Check cashing, etc. treated the same as in CG;
pawn shops permitted outright rather than
1. Check cashing, pay day loans and cash transfer
conditionally.
establishments, other than banks.
E. Health Care and Social Services Prohibits new ambulance services (land
intensive and not pedestrian-friendly).
1. Ambulance service lawfully existing as of [adoption date
of new zone].
F. Accommodations and Food Service Prohibits new RV parks (land intensive and not
pedestrian-friendly).
1. Recreational vehicle parks lawfully existing as of
[adoption date of new zone].
G. Other Services Home goods repair (8114) EXCEPT upholstery
(81142) and leather repair (81143) is a
1. Automotive maintenance lawfully existing as of
permitted use rather than a conditional use.
[adoption date of new zone]. This use is allowed only when
located entirely within an enclosed building, except for
Uses under this heading are allowed to
short-term outdoor parking of vehicles waiting for service.
continue as conditional uses if already legally
2. Commercial and industrial equipment repair lawfully
established, but new uses in these categories
existing as of [adoption date of new zone].
are not permitted.
3. Linen supply lawfully existing as of [adoption date of
new zone].
H. Government and public utility buildings and structures Same as CG
EXCEPT uses permitted in Section 2.117.01 and
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Proposed Language Commentary
telecommunications facilities subject to Section 2.204.03.
2.117.05 Accessory Uses Same language as CG
The following uses are permitted as accessory uses subject
to Sections 2.202 and 2.203.
A. Fence or free standing wall.
B. Accessory building.
2.117.06 Dimensional Standards
The following dimensional standards shall be the minimum
requirements for all development in the MUV zone.
A. Lot Standards. Same standard as the CG zone, but wording is
slightly different.
In the MUV zone the lot area shall be adequate to contain
all structures within the required setbacks. There shall be no
minimum width or depth.
B. Building Height. Same standard as in CG outside the Gateway
subdistrict
The maximum height of buildings shall not exceed 70 feet,
EXCEPT chimneys, spires, domes, flag poles and other
features not used for human habitation (EXCEPT
telecommunication facilities), shall not exceed 100 feet.
C. Setback and Buffer Standards.
1. Minimum Front Setback and Setback Abutting a Street. Reduces minimum front setbacks from 15’ to 0’.
There shall be no minimum building setback abutting a
street in excess of any Special Setback, Section 3.103.05.
2. Maximum Front Setback and Setback Abutting a Street. Establishes a recommended (not required)
maximum front setback of 15’.
The maximum setback abutting a Major Arterial street
should be 15 feet plus any Special Setback, Section
3.103.05.
3. Minimum Interior Side and Rear Setbacks:Same as CG zone.
a. Development in the MUV zone shall be subject to the
setback and buffer requirements of Table 2.1.XX.
TABLE 2.1.XX.
Abutting LandscapingWallInterior
PropertySetback
RS, R1S, There is no Solid brick or 10 ft.
or RM buffer yard architectural
zone landscaping wall with
requirement anti-graffiti
for an interior surface, no
yard abutting less than 6
a buffer wall. feet or greater
than 7 feet in
height.
MUV, There is no Alternative Alternative
CO, CG, buffer yard A: A:
DDC, landscaping
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159
Proposed Language Commentary
NNC, requirement Wall 5 ft.
P/SP, IP, for an interior requirements
Alternative
SWIR or yard abutting shall be
B:
IL zonea buffer wall. determined in
conjunction
Zero
with the
setback
applicable
abutting a
Design
building
Review
wall.
process.
Alternative B:
No wall
required.
b. The minimum building setback from a private access Same language as in the CG zone.
easement shall be 5 feet.
3. In addition to subsections 1 and 2 above, setbacks and Sub-section 3 would apply existing guidelines
for maximum setbacks to yards abutting side
buffers are subject to the design guidelines of Section
streets where sub-section 2 does not apply.
3.107.06.
2.117.07 Development Standards
A. Applicability
1. Multiple-family dwellings shall be subject to the design This is generally consistent with how medium
density / multi-family residential is treated in
standards or guidelines of Section 3.107.05unless the
other zones, including DDC and the downtown
multiple-family dwellings are built as part of a vertical
Gateway subdistrict of CG.
mixed use development.
Stand-alone residential uses in the new zone
would not have to meet the same site
development or building design standards as
non-residential uses, which may be appropriate
for the residential uses, but could disrupt the
pattern of development along the corridor.
2. All development EXCEPT that described in Section References a new set of design guidelines and
standards applicable to the new zone.
2.117.07.A.1shall be subject to the architectural design
standards or guidelines of Section 3.107.10.
3. The change or expansion of an existing use on a non-This section is intended to allow proposals for
partial redevelopment of an existing non-
conforming site shall be subject to Section 1.104.02
conforming site to move towards compliance
EXCEPT that any change or expansion of an existing use
with these standards rather than having to
that cannot meet the Design Guidelines and Standards of
bring the full site into compliance, which could
Section 3.107.10.B,subsections 3 through 5, may be
require tearing down an existing building.
approved provided that it does not make the development
more nonconforming with respect to these standards.
B. Off Street Parking.Applies parking and access standards (same as
in CG zone).
All parking and access standards of Sections 3.104and
3.105shall apply.
C. Signs.Makes new zone subject to same sign
regulations as DDC and NNC (Table 3.110.10D)
Signs shall be subject to Section 3.110.10D.
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Proposed Language Commentary
rather than CG standards (Table 3.110.10B).
This effectively prohibits pole signs.
D. Street and sidewalk improvements.
1. The street frontage abutting a city street of a subject Similar to existing regulations in the CG,
property owners are required install sidewalks
property shall be improved with sidewalks and street trees
and street trees on city streets unless they
as required by Section 3.101. Sidewalks and trees shall be
obtain an exception under Section 5.103.12.
installed by the property owner to the standards of Section
They can also file a Performance Guarantee
3.101and 3.106. The improvement shall be determined at
with the City Administrator as a commitment to
the time of subdivision, PUD or design review as
construct the require improvements in the
applicable.
future under Section 4.102.07.
Note that frontage improvements are now
included in a separate section – See Additional
Proposed Code Amendments in the next
section.
E. Property Disposition. All uses shall be established and Standard language (same as CG).
conducted on lots of record, as defined by Section 1.102
and developed to the public facility and access standards of
Sections 3.101, 3.102 and 3.104.
1. New lotsof record shall be subject to the following
standards and procedures:
a. Partitions, Section 3.108;
b. Subdivisions, Section 3.108; or
c. Planned Unit Development Section 3.109.
2. Alteration of the property lines of existing lots of record
shall be subject to the applicable following standards and
procedures:
a. Property Line Adjustment, Section 5.101.07.
b. Replatting, Section 3.108.
c. Vacation, applicable Oregon Revised Statutes.
3.107.10Guidelines and Standards for Non-Residential Design standards for the new zone will be
located in Section 3.107. The City is moving
and Mixed Use Structures inthe MUV zone
towards consolidating all design standards in
this section rather than including them in the
individual zones. As part of the on-going
comprehensive code update, the City may wish
to reorder the sections of 3.107 so that this
section follows 3.107.07.
A. Applicability.Buildings that are exclusively residential are
subject to Section 3.107.05, but mixed use
The following design guidelines and standards shall be
buildings with a residential component are
applicable to all buildings in the Mixed Use Village (MUV)
subject to this section.
zone that include a non-residential use,whether or not
residential uses are included in the structure.
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161
B. Site DevelopmentStandards.
1. The primary building entrance shallbe oriented toward Requires the primary entrance to face the
street or to the side – allows flexibility for
the street, toward a side yard, or any angle in between. For
development to put parking beside the building.
the purposes of this section, the “primary building
entrance” is the main public entrance to the building. In the
There are currently no requirements or
case where no public entrance exists, the “primary building
guidelines related to building entrance
entrance” is the main employee entrance. Where there are
orientation in the CG zone or applicable design
multiple buildings on a lot, all buildings shallcomply with
guidelines.
this standard.
2. Buildings shouldoccupy a minimum of 50 percent of all Suggests (but does not require) that buildings
occupy a majority of the street frontage and
street frontages along public streets. Buildings shouldbe
locate near the intersection for corner lots.
located at public street intersections.
(Same language as 3.107.07.B.1.a., which
applies in DDC and NNC.)
Existing building location guidelines applicable
to the CG zone (3.107.07.D) recommend (but do
not require) a maximum setback of 150 feet
from a street and building location and
orientation that complements abutting
development.
3. Parking areas shallbe limited to 50 percent of the street Language is similar to guideline from
3.107.07.B.1.e (which applies to DDC and NNC),
frontage abutting a Major Arterial.
but is stated as a standard (required) and
applied along Major Arterials (i.e. 99E).
Existing parking location guidelines applicable in
the CG zone (3.107.06.E) recommend (but do
not require) parking between the front of a
building and the street be limited to a
maximum of 130 feet.
4. Parking areas shall notbe located within a front yard or Prohibits parking within the space between the
front of the building and the street (regardless
within a side yard abutting a Major Arterial.
whether the “front” faces 99E or a side street).
If the “front” is on a side street, parking is also
prohibited between the building and 99E. Also
requires parking to be set back from the street
as far as the building is. This creates an
incentive to pull buildings up to the sidewalk,
and for development on corner lots to locate
buildings at the corner.
Currently, in the CG zone, parking is prohibited
within a required yard or special setback unless
it is adjacent to a wall.
5. All front yards and all side yards abutting a street either Where buildings are set back from a street, the
yard must either be landscaped or provide
shallbe landscaped at a density of one (1) plant unit (PU)
outdoor seating or other hardscape amenities.
per 20 sq. ft., per Table 3.1.5.,or shallbe occupied by
Note that there will be no yard if the building is
pedestrian amenities (e.g., plaza, outdoor seating, outdoor
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162
eating areas).set at the property line.
Existing landscaping standards applicable to the
CG zone (3.106.03.A.2.b) require landscaping at
the same density for all yards abutting a street
(including in parking areas), but do not allow for
pedestrian amenities as an alternative.
6. On-site pedestrian circulation.
a. Walkways shall connect all building entrances with This language is stronger than what is currently
required for the CG zone.
adjacent sidewalksand on-site parking areas, and shall
connect off-site adjacent uses to the site unless topographic
or existing development constraints preclude making
certain walkway connections.
b. Where walkways cross a parking area or driveway they This language is stronger than what is currently
required for the CG zone.
shall be clearly marked with contrasting paving materials
(e.g., light-color concrete inlay between asphalt), which
may be partof a raised/hump crossing area. Paint or
thermo-plastic striping and similar types of non-permanent
applications may be approved for crosswalks not exceeding
24 feet in length.
7.Drive through businesses.In addition to the Drive through lanes are treated the same way
as parking lots in terms of required screening
requirements of Section 3.104.02, the following standards
and landscaping in Section 4.a and 4.b above.
shall apply to drive through businesses:
a. Drive through windows are prohibited on a building
façade that faces Highway 99E.
b. Drive-through uses shall be located so that access and
egress to the drive-through features are from an on-site
drive aisle or other on-site circulation facility, not a public
street.
c. A maximum of two drive through service lanes shall be
permitted between a building façadeand a public street
right-of-way.
C. Architectural Design Guidelines and Standards.
1. Street-facing building façades. All street-facing building Provides two options for buildings to provide
visual interest and avoid blank walls.
elevations that are set back 50 feet or less from a public
street shallprovide visual interest and avoid blank walls by
There are existing guidelines applicable to the
meeting one or both of subsections a and/or b, below.
CG zone related to building façades, described
below.
a. A minimum of 40 percent of the ground floor wall area Requires a certain ground floor window
coverage to create a storefront environment as
shallcontain windows, display areas, or doorway openings.
one option to create visual interest. The
Windows, display areas, or doorway openings used to meet
provisions 1 through 4 below are intended to
this standard shallcomply with the following provisions:
ensure that if the storefront environment
option is selected, the windows provide views
of something interesting from the street.
Existing design guidelines applicable in the CG
zone recommend (but do not require) that at
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163
least 30% of the wall surface abutting a street
should be glass (3.107.06.B.2.b.1).
1) Required window areas shallbe either windows that Similar language to 2.107.06.D.8.b.1(DDC
zone).
allow views into working areas or lobbies, pedestrian
entrances, or display windows.
2) Darkly tinted windows and mirrored windows that block Similar language to 2.107.06.D.8.b.4(DDC
zone).
two-way visibility shall notbe used to meet this standard.
3) The sill or lower edge of a window, display area, or Similar language to 2.107.06.D.8.b.2(DDC zone)
doorway used to meet this standard shallbe no more than
four feet above grade. Where interior floor levels prohibit
such placement, the sill or lower edge must be raised to
allow it to be no more than two feet above the finished floor
level, up to a maximum height of six feet above grade.
4) Windows and doorways used to meet this standard shall Similar language to 2.107.06.D.6.f (DDC zone)
notbe covered over with paper, boards, or cardboard
except during times of construction or remodeling and shall
be limited to a period of 120 days unless an extension is
otherwise granted by the city manager.
5) Ground floor wall area shall be measured from three feet Definition of ground floor wall area matches
that used in 3.107.07.B.2.b.1.
above grade to nine feet above grade the entire width of the
street-facing elevation.
b. Building façades that exceedforty (40) feet in length Requires architectural features that provide
visual interest for façades that do not meet the
shallincorporate features to vary the look of the façade at
window coverage standard above.
intervals not to exceed forty (40) feet. Such features may
include variable planes; projections; bays; dormers;
Existing design guidelines applicable in the CG
setbacks; canopies; awnings; parapets; and/or changes in
zone (3.107.07.B.1) recommend (but do not
the roof line, materials, color, or textures.
require) articulation of building façades visible
from streets and incorporation of three
dimensional design features.
2. All building façades visible from streets and public A similar guideline currently exists in the design
guidelines applicable to the CG zone. Suggests,
parking areas that are not subject to subsection
but does not require, façade variations for
3.107.10.C.1. shouldprovide façade variations as specified
building walls visible from the street if not
in subsection 3.107.10.C.1.b.
already required. Applies to building walls
visible from a street or parking area but more
than 50 feet away from the street.
3. Crime Prevention Through Environmental Design. In Encourages (but does not require) windows
allowing views of the street from buildings
order to enhance public safety and provide for “eyes on the
intended for regular human occupancy. This
street”, all buildings that will regularly be occupied should
helps create a sense of safety for pedestrians.
provide windows that allow a view of the street in all street-
Windows meeting this guideline would not have
facing building elevations.
to provide views into the building from the
street.
There is no similar existing guideline or
requirement applicable in the CG zone.
4.Weather protection. Weather protection for pedestrians, These guidelines and standards are taken from
the design guidelines that apply in the DDC and
such as awnings, canopies and arcades should be provided
NNC zones. Similar provisions are included in
at building entrances. Weather protection isencouraged
ͿͿ
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164
along building frontages abutting a public sidewalk or a the design guidelines that apply in the CG and
other zones. They are included here for
hard-surfaced expansion of a sidewalk, and along building
consistency.
frontages between a building entrance and a public street or
access way. Awnings and canopies should not be back lit.
5. Building materials. Corrugated metal, plywood, sheet
press board or vinyl siding should be used as exterior finish
material. Plain concrete block and plain concrete should
not be used as exterior finish material EXCEPT as a
foundation material where the foundation material should
not be revealed for more than 2 feet.
6. Roofs and roof lines. EXCEPT in the case of a building
entrance feature, roofs should be designed as an extension
of the primary materials used for the building and should
respect the building’s structural system and architectural
style. False fronts and false roofs should notbe used.
7. Roof-mounted equipment. All roof-mounted equipment
shall be screened from view from adjacent public streets.
Satellite dishes and other communication equipment shall
be set back or positioned on a roof so that exposure from
adjacent public streets is minimized. Solar heating panels
shall be exempt from this guideline.
D. Parking lot landscaping and screening.
1. A minimum five-foot landscaped strip shallbe provided Requires a 5 foot landscaped strip between
parking areas, drive through lanes, and
between a parking lot or drive through lane and a public
sidewalks to buffer the sidewalk somewhat.
sidewalk. This area shallbe landscaped at a minimum
planting density of one (1) plant unit (PU) per 20 sq. ft., per
Existing guidelines and standards applicable in
Table 3.1.5.
the CG zone prohibit parking within a required
setback (15 feet) unless adjacent to a wall, and
require screening, but not necessarily from
landscaping. A low wall would satisfy both of
these existing requirements. This proposed
section would require a 5-foot setback with
landscaping in all cases.
2. All parking areas and drive through lanes abutting a Similar to existing parking lot landscaping
standards for CO and CG (3.106.03.A.2.b.2), but
street shallprovide within the required 5 foot landscaped
allows a bioswale in place of screening.
strip either a 42-inch vertical visual screen from the
abutting street grade or a landscaped swale for stormwater
management. Acceptable design techniques to provide
screening include plant materials; berms; and freestanding,
architectural walls with an anti-graffiti finish. All
screening shallcomply with clear vision standards, Section
3.103.10.
3. Parking areas with more than 10 spaces shallbe divided Requires medium and large parking areas to be
broken up into groups of parking spaces. Same
by landscaped areas or walkways, or by a building or group
language as 2.107.06.D.13.c (DDC zone).
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165
of buildings.There are no existing requirements or
guidelines applicable to the CG zone that
address layout of the parking lot.
4. Parking lot landscaping shall be subject to the standards Same standards as CG.
The referenced section (3.106.03.C.1.a) will
of Section 3.106.03.C.
need to be updated to include the mixed use
zone in the list of zones.
E. Screening Standards.
1. Outdoor storage and display.
a. Outdoor storage and display located within 50 feet of a Requires that any outdoor storage and display
within 50 feet of a street be screened with a
front lot line or a lot line abutting a Major Arterial shallbe
wall that provides visual interest through
screened from view from the adjacent streets by a wall that
architectural features. Exception allows for
complies with the standards of sub-section 2.b above,
outdoor retail display during business hours
EXCEPT for outdoor displays of merchandise during
(exception language mirrors 2.107.06.H).
business hours only that do exceed ten percent of the total
retail sales area. Displaysof merchandise on public
sidewalks may not reduce usable walking area widths to
less than six feet.
b. Outdoor display and storage located more than 50 feet References and reiterates existing screening
standards for outdoor storage where more than
from a front lot line or a lot line abutting a Major Arterial
50 feet from a street
shall be subject to Section 3.107.06.F.1.
2. Common refuse collection facilities shallbe screened on Same language as CG.
all sides by an architectural block wall and solid gate, both
with an anti-graffiti surface, a minimum of six feet and a
maximum of seven feet in height.
F. Outdoor Lighting Standards. All outdoor lighting shall Same language as in the design guidelines and
standards applicable in the CG and other zones.
be designed so that:
1. Parking areas are evenly illuminated at ground level at
one foot candle;
2. Entrance and loading areas are illuminated at ground
level of two foot candles;
3. Illumination does not shine or reflect into any adjacent
residentially zoned or used property; and
4. Lighting does not cast a glare onto movingvehicles on
any public street.
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166
The tables below provide proposed Development Code amendments that implement the preferred
Highway 99E concept. Proposed amendments are shown in the applicable code section; language
recommended for addition to the code is double underlined and language recommended for removal is
struck through. The tables in which the amendments are presented include a commentary column
explaining the background and rationale for the proposed amendment. Not all recommended
amendments are proposed for adoption as part of the Corridor Plan; some proposed amendments are
applicable city-wide and are recommended for adoption as part of a later, more comprehensive
Development Code update.
99E
The modifications shown in this section would require developers to construct frontage improvements
on Highway 99E (this requirement currently applies only to city streets). These changes are
recommended as part of the package of code amendments to implement the Plan at time of adoption.
They primarily impact property in Segments 3 and 4 where street frontages are not improved to the
adopted standards.
Proposed AmendmentCommentary
3.101.02 General Provisions No changes proposed to this section.
Included for reference.
A. The access or driveway, for each lot shall be connected to the
existing public street system in compliance with Section 3.104.
B. No access permit shall be issued unless the internal street(s), No changes proposed to this section.
Included for reference.
boundary street(s) and connecting street(s) are constructed
pursuant to Section 3.101.02.C, UNLESS or until the applicant
has obtained an exception as provided in this section.
C. Design and Construction Standards.No changes proposed to this section.
Included for reference.
1. All public streets under the jurisdiction of the City of
Woodburn shall comply with the applicable cross section design
standards noted in Section 3.101.03 and construction
specifications of the Public Works Department.
2. All private streets in manufactured dwelling parks shall
comply with applicable City design standards and specifications
and state design standards and specifications where state
standards and specifications preempt City standards and
specifications.
D. Street Right of Way and Improvement Standards for No changes proposed to this section.
Included for reference.
Development.
Any development subject to an access permit, Section 3.104,
shall be responsible for adequate street rights of way and
improvements. The standards of Section 3.101.02.D may only be
modified subject to the approval of an exception, Section
5.103.12. In no instance may standards be reduced below
specified minimum, non-variable standards.
1. Connecting Street Standards. (Figure 6.12)
a. Right of Way Standard. The full right of way for the subject
street classification, Section 3.101.03, shall be required for a
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167
Proposed AmendmentCommentary
connecting street segment without an approved exception or
variance.
The minimum connecting street right of way shall be sufficient
to accommodate the connecting street improvement standard in
Section 3.102.D.1.b. below.
b. Street Improvement Standard. The full street improvement for
the subject street classification, Section 3.101.03, shall be
provided for a connecting street segment without an approved
exception.
The minimum connecting street improvement standard shall be
equivalent to:
1) One, 10 foot wide travel lane in each direction, in addition to
the required curbs, where the classification specifies a maximum
standard of two travel lanes;
2) Required drainage facilities;
3) The pedestrian and bikeway facilities located on one side of
the street that comply with the standards for the subject street
classification. In locations where the street classification
specifies a maximum standard of two travel lanes, the
connecting segment on the side with the pedestrian/bikeway
facilities shall be completed to standards, including the
landscaped parkway strip.
2. Boundary Street Standard. (Figure 6.12)
a. Right of Way Standard. The full right of way for the subject
street classification, Section 3.101.03, shall be required for a
boundary street without an approved exception.
The minimum standard for a boundary street right of way shall
be no less than the width necessary to accommodate the
boundary street improvement standard.
b. Street Improvement Standard. The full street improvement for
the subject street classification, Section 3.101.03, shall be
provided for a boundary street without an approved exception.
The minimum boundary street improvement standardshall be
equivalent to:
1) One, 10 foot wide travel lane in each direction, in addition to
the required curbs in each direction where the classification
specifies a maximum standard of two travel lanes;
2) Required drainage facilities; and
3) In addition to the improvements cited in 1) above, the full
improvement of the street from the center line to the boundary of
the subject property plus any center turn lane as described for the
street classification.
3. Internal Street Standards. (Figure 6.12)
a. All public streets within a development shall comply with the
full right of way and improvement standards of Section 3.101.03
without an approved variance.
b. All private park streets permitted in manufactured dwelling
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168
Proposed AmendmentCommentary
parks shall comply with the full requirements of Section
2.203.15, as set by statute.
E. Highway 99E Frontage Improvements.Requires sidewalks and street trees for
development along 99E. Also requires
1. Street frontage on Highway 99E shall be improved with
dedication of right of way at time of
sidewalks and street trees as specified in the Highway 99E
development. Existing regulations do not
Corridor Plan.
require full street improvements or right-
2. Highway 99E frontage improvements shall be coordinated
of-way dedication for streets that are not
with and approved by the City Engineer and ODOT.
under city jurisdiction (e.g. 99E).
3. Street Trees onHighway 99E:
a. Must be of a species and variety acceptable to ODOT.
Note: subsequent subsections will need to
b. Are prohibited within 250 feet of a rail crossing. Any street
be renumbered.
vegetation within 250 feet of a crossing is limited to ground
cover only, standing no higher than 3 feet at maturity.
4. Right of way consistent with the Highway 99E Corridor Plan
shall be dedicated to ODOT at time of development.
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Ͷͷǣ17
169
ͿͿ
The changes shown in this section reflect the cross-section widths for Highway 99E adopted as part of
the Highway 99E Corridor Plan to avoid requiring a greater undevelopable setback area on private
property than is needed based on the planned highway cross-sections.
Proposed Amendment
Commentary
3.103 Setback, Open Space and Lot Standards, Generally Existing language included for reference
(no changes to this part proposed).
3.103.05 Special Street Setbacks
A. Purpose.
The special setbacks in this Section are based upon the
functional classification of streets and roads described in the
Woodburn Transportation System Plan (WTSP). The purpose of
these special setbacks is to provide for adequate air movement,
solar access, visibility, aesthetics and compliance with the
development standards of the WDO when a major street is
improved.
B. Setback Requirements. Existing language included for reference
(no changes to this part proposed).
Required setbacks adjacent to a street shall be in addition to the
special setbacks required in this Section. The special setback
distances shall be measured at right angles to the center line of
the original street right of way.
C. Special Provisions. Existing language included for reference
(no changes to this part proposed).
Buildings, structures and paved surfaces shall not be located
within the special setbacks EXCEPT as specifically provided for
in the WDO. Any portion of a building or structure lawfully
established within a special street setback prior to date of the
WDO shall be considered a nonconforming structure.
D. Special Setback Standards. Special standards specific to the various
segments of Highway 99E are
Special setbackstandards by street classification are established
incorporated rather than the default 50
in Table 3.1.1. The special setback standards shall be applied to
feet required for other Major Arterials.
streets within the City of Woodburn as functionally classified in
This reduces the special setback in
the Woodburn Transportation System Plan.
Segments 1 and 2 to match the existing
right-of-way and in Segment 4 to match
the proposed cross-section. Segment 3
TABLE 3.1.1 Special Setback Standards by Street
remains at 50 feet because the adopted
Classification
cross-section in that area matches the
Major Arterial design standard.
WTSP Functional Special Setback from
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170
Proposed Amendment
Commentary
ClassificationCenter Line
Major Arterial(other than 50 feet
Highway 99E)
Highway 99E:
MP 30.85 to MP 32.41 45 feet
(Carl Road to Lincoln
Street)
MP 32.41 to MP 33.19
(Lincoln Street to 1,150 ft
50 feet
south of Cleveland Street)
MP 33.19 to 34.07 (1,150 ft
south of Cleveland Street to
40 feet
proposed South UGB)
Minor Arterial 37 feet
Service Collector 36 feet
Access Street/Commercial 33 feet
Street
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171
99E
The changes to this section apply special local access management standards to development on
Highway 99E through the land use permitting process. These standards supplement, but do not replace,
ODOT access spacing standards.
Proposed AmendmentCommentary
3.104 Access Existing language included for reference
(no changes to this part proposed).
3.104.01 Applicability
A. Street Access Required.
1. Every lot shall have direct access to an abutting public street
or to a public street by an irrevocable access easement.
2. Every joint driveway or cross connection between separate
lots shall be established by an irrevocable access easement.
B. Access to City Streets, Permit Required. Existing language applicable to access to
city streets, included for reference (no
changes to this part proposed).
1. A City permit shall be required for any new or modified
vehicular access to a street that is under City jurisdiction. The
following types of access shall be subject to such a permit:
a. Site access to and/or from a City street;
b. An extension of an existing City street; or
c. A new public or private street connecting to a City street.
2. A Traffic Impact Analysis (TIA) may be required by the
Public Works Director […]
3. Administration of City access permit standards and
guidelines.
a. Type I Applications. Development subject to one of the
following Type I applications:
1) Design Standards for Single Family and Duplex Residential
Dwellings , Section 5.101.01; or [Section 3.104.01.B.3(1) as
amended by Ordinance No. 2383, ‘40, passed March 16, 2005.]
2) Access to a City Street, EXCLUDING Major and Minor
Arterial Streets, Section 5.101.12 shall be subject to the access
standards of this Section and street improvement standards in
Section 3.101 EXCEPT when the subject property is bound by
the requirements of a precedent land use decision that has not
been modified by a subsequent land use decision.
b. Type II and III Applications. Development subject to one of
the following Type II and III applications:
1) Type II Design Review, Section 5.102.02;
2) Type III Design Review, Section 5.103.02;
3) Access to a City Major or Minor Arterial Street, Section
5.102.04;
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172
Proposed AmendmentCommentary
4) Preliminary Partition Approval, Section 5.102.01;
5) Preliminary PUD Plan Approval, Section 5.103.07; or
6) Preliminary Subdivision Approval, Section 5.103.09
shall be subject to the access standards and guidelines specified
in this Section and street improvement standards in Section
3.101 EXCEPT when the subject property is bound by the
requirements of a precedent land use decision that has not been
modified by a subsequent land use decision.
4. A City access permit shall be subject to the requirements of
the WDO and Public Works Department standards.
C. Access to State Streets, Highways, and Interchanges.New text would require the City to review
Type II and III applications abutting 99E for
compliance with new local access
1. Access to a transportation facility under the jurisdiction of the
standards during site plan review or the
Oregon Department of Transportation (ODOT) shall be subject
regular local land use permitting process.
to the requirements of OAR 734-051.
2. In addition, for development on property abutting Oregon 99E
the City shall review the following types of applications for
compliance with the requirements of Section 3.104.03.B:
Section 5.102.02
1) Type II Design Review,;
Section 5.103.02
2) Type III Design Review, ;
Section 5.102.01
3) Preliminary Partition Approval, ;
Section 5.103.07
4) Preliminary PUD Plan Approval, ;
Section 5.103.09.
5) Preliminary Subdivision Approval,
3.104.03 Driveway Access Guidelines, Type II and III Existing language applicable to access to
city streets, included for reference (no
Applications
changes to this part proposed).
A. Guidelines for the Number and Location of Driveways, Type
II and Type III Applications.
1. The number of driveway accesses should be minimized based
on overall site design, including consideration of:
a. The function classification of abutting streets;
b. The on-site access pattern, including cross connected parking
and circulation, joint access, turnarounds and building
orientation;
c. The access needs of the use in terms of volume, intensity and
duration characteristics of trip generation.
2. Joint/Shared Access.
a. Partition lots. All lots created by a partition that access a
Major or Minor Arterial street shouldbe accessed via a single,
shared driveway with an on-site turnaround, UNLESS otherwise
required by Section 3.104.05.
b. The lot and street layout in a subdivision or PUD should be
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173
Proposed AmendmentCommentary
configured so that lots abutting a major street have access to a
local street. Where the layout necessitates access to a major
street, access for abutting lots should be shared and provided
with an on-site turnaround, UNLESS otherwise required by
Section 3.104.05.
c. Medium density residential, commercial, industrial uses and
other development subject to Type II or III Design Review
located on the same lot, or on abutting lots, that abut a Major
Arterial, Minor Arterial, or Service Collector should be designed
to share access to those major streets. A minimum of two
vehicular accesses shall be provided in developments with
eleven (11) or more medium density residential dwelling or
living units.
d. Shared/Joint Access Agreements. Shared and/or joint access
agreements serving properties under separate ownership shall be
subject to legal documentation, to the satisfaction of the City
Attorney, establishing permanent use of the access. The
agreement shall be recorded with the County Recorder and filed
with the Community Development Director.
3. Cross Connections.
a. All uses sited on one lot should have common, and/or
interconnected, off street parking and circulation facilities.
b. Similar, and/or compatible, uses on abutting lots shouldhave
interconnected on-site access and parking facilities. Such shared
facilities serving properties under separate ownership shall be
subject to legal documentation, to the satisfaction of the City
Attorney, establishing permanent use of the access and parking
facilities. The agreement shall be recorded with the County
Recorder and filed with the Community Development Director.
4. Access to lots with multiple street frontages should be from
the abutting street(s) with the lowest functional classification.
5. Dysfunctional or unused driveways should be closed.
B. Access requirements for propertyabutting Oregon 99E.Establishes local requirements related to
access applicable to property abutting
99E. As described above, the city will
1. The number of driveways to Oregon 99E shall be minimized,
review Type II and III land use applications
consistent with OAR 734-051.
for property abutting 99E for compliance
with the standards. An ODOT access
2. All uses sited on one lot shall have common and/or
permit is still required.
interconnected off street parking and circulation facilities.
3. Similar and/or compatible uses on abutting lots shall have
interconnected and/or shared on-site access and parking facilities
where feasible. Such shared facilities serving properties under
ͿͿ
Ͷͷǣ22
174
Proposed AmendmentCommentary
separate ownership shall be subject to legal documentation, to
the satisfaction of the City Attorney, establishing permanent use
of the access and parking facilities. The agreement shall be
recorded with the County Recorder and filed with the
Community Development Director.
4. Access to lots with multiple street frontages shall include
access from the abutting street(s) with the lowest functional
classification.
5. Access driveways shall be located to avoid or minimize
conflicts between entering and exiting vehicles from opposing
driveways.
6. Prior to issuance of building permits, an access permit shall be
obtained from ODOT for access to Oregon 99E.
B.C.Driveway Spacing Guidelines, Type II and III No change to this section except for
numbering. Applies only to city streets.
Applications.
The minimum separation of a driveway from: a) the special
setback of a parallel major street, b) the right of way of a parallel
local street, or c) from another driveway should be as follows.
1. Major Arterial Street: 300 feet;
2. Minor Arterial Street: 245 feet; and
3. Service Collector, Access or Local Street: 50 feet
EXCEPT where pre-existing conditions preclude such separation
the separation should be maximized.
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Ͷͷǣ23
175
-
These modifications are recommended, but are not proposed for adoption as part of the Highway 99E
Corridor Plan because they would affect property throughout the city. It is recommended that the City
consider adopting these or similar amendments through the citywide code update that is taking place
concurrently with the development of the Corridor Plan.
3.107.06 Guidelines and Standards for Non-Residential Existing text is ambiguous on how
pedestrian and bicycle facilities should be
Structures in RS, R1S, RM, CO, CG and P/SP Zones
separated from other modes of
[…]
transportation. Recommended
modifications address pedestrian
C. Site and Building Access Guidelines.
circulation, requiring on-site pedestrian
connections to and from building
1. Access to and from the site and circulation within the site
entrances and walkways that are marked
should separate facilities for cars, trucks and transit from those
or distinguished by contrasting paving
forshall accommodatebicycles and pedestrians.
materials where pedestrians may come
into conflict with motorists.
a. Walkways shall connect all building entrances and on-site
Recommended text is loosely based on
parking areas, and shall connect off-site adjacent uses to the site
the Model Code, 3.1 Access and
unless topographic or existing development constraints preclude
Circulation.
making certain walkway connections.
NOTE: Need to add the following to the
b. Where walkways cross a parking area or driveway they shall
Definitions:
be clearly marked with contrasting paving materials (e.g., light-
Sidewalk. A paved walkway within a
color concrete inlay between asphalt), which may be part of a
street right-of-way improved to city
raised/hump crossing area. Paint or thermo-plastic striping and
standards, or to other roadway authority
similar types of non-permanent applications may be approved
standards, as applicable.
for crosswalks not exceeding 24 feet in length.
Walkway. A facility that provides
c. On-site bicycle parking shall meet the requirements of Section
pedestrian connectivity within the site and
3.105.02.H.10
to destinations adjacent to the site and
that may or may not be part of the street
d. Where bicycle and pedestrian facilities cannot be provided as
right-of-way.
part of required street improvements, due to existing
development, environmental constraints, or where streets have
Specific opportunity locations have been
identified for bicycle and pedestrian
been stubbed or cul-de-saced, pedestrian and bicycle
access.
connections may still be required.
ͿͿ
Ͷͷǣ24
176
These modifications are recommended, but are not proposed for adoption as part of the Highway 99E
Corridor Plan because they would affect property throughout the city. However, it is recommended that
the city consider adopting these or similar amendments through the citywide code update that is taking
place concurrently with the development of the Corridor Plan.
3.106.03 Landscaping Standards
A. Streetscape.
1. Street Trees. Within the public street right of way abutting a
development, or within an alley right of way in the DDC zone,
street trees shall be planted to City standards prior to final
occupancy.
a. Acceptable Types of Trees. See Section 6.103 for a
description of acceptable and unacceptable trees for this purpose,
classified by size and species.
b. Tree Density. Trees shall be planted at the following intervals
within the right of way, subject to Clear Vision Area standards,
Section 3.103.10 and Section 6.103:
1) Four (4) small trees per 100 feet of street frontage;
2) Three (3) medium trees per 100 feet of street frontage; or
3) Two (2) large trees per 100 feet of street frontage.
2. Front Yard and Yard Abutting a Street.
a. Landscaping Density for non-residential uses in the RS and
R1S zone and all uses in the RM, P/SP, IL, IP, and SWIR zones.
All front yards and yards abutting a street shall be landscaped at
a density of one (1)plant unit (PU) per 20 sq. ft.
b. Landscaping Design and Density in CO and CG zones.
1) All yards abutting a street, including off street parking and
circulation areas shall be landscaped at a density of one (1) plant
unit (PU) per 20 sq. ft.
2) Allparking areas abutting a street shall provide a 42-inch
vertical visual screen from the abutting street grade. Acceptable
design techniques to provide the screening include plant
materials; berms; freestanding, architectural walls with an anti-
graffiti finish, depressed grade for the parking area. All
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Ͷͷǣ25
177
screening shall comply with the clear vision standards,
Section3.103.10.
Require trees between areas used for
3) All parking areas abutting a street where street trees meeting
parking and sidewalk where there are no
the standards of subsection 1 above have not been provided
street trees
within the public street right of way shall provide trees between
the street and the parking area. Such trees shall conform to the
street tree standards of subsection 1, above.
[…]
ͿͿ
Ͷͷǣ26
178
179
Figure 12: Mixed Use Village Boundaries and Phasing
ͿͿ
33
Ͷͷ
180
Agenda Item
September 10, 2012
TO:Honorable Mayor and City Council
FROM:Scott C. Derickson, City Administrator
SUBJECT:
PGE Franchise Extension
:
RECOMMENDATION
Adopt the Ordinance Extending the PGE Franchise
/:
BACKGROUND DISCUSSION
The City Council is aware that staff has been busy working on several expiring
city franchises.We anticipate that you will take actionon these during your next
several meetings.
More specifically, we recently met with Woodburn Ambulance, whose franchise
expires on October 1, 2012, and have reached agreement on a proposed
Franchise Ordinance, which is before you tonight for a public hearing. The City
Attorneyhas been actively negotiating with WAVE’s corporate attorney over
their cable television franchise, which is complicated and lengthy. The expiring
telecommunications franchise of Data Vision Communications is also being
negotiated. Finally, the PGE franchise expires at the end of thiscalendar year.
Because of theseother ongoing franchise negotiations, we approached PGE
about an extension continuing its franchise for an additional six months until
June 30, 2013. Wendy Buck of PGE has informed me that PGE has agreed to this
extension.
:
FINANCIAL IMPACT
None.
Agenda Item Review:City Administrator ___x___City Attorney ___x___Finance __x___
181
182
COUNCIL BILL NO. 2902
ORDINANCE NO. 2493
AN ORDINANCEAMENDING ORDINANCE 2328, THE PORTLAND GENERAL ELECTRIC
COMPANY FRANCHISE, TO EXTEND SAID ORDINANCE UNTIL JUNE 30, 2013.
Ordinance 2328 grants a franchise (the “Franchise”) to the
WHEREAS,
Portland General Electric Company (PGE) to operate an electric light and
power system within the corporate limits of the City of Woodburn; and
the Franchise expires on December 31, 2012; and
WHEREAS,
negotiations between the City and PGE have begun and a
WHEREAS,
renewal of the Franchise is anticipated in the near future; and
other than negotiations with PGE, City staff is currently involved
WHEREAS,
in negotiations with three other franchisees and is in collective bargaining with
two employee unions; and
because of these circumstancesit is desirable to extend the
WHEREAS,
terms of the Franchise until June 30, 2013 so that negotiations can be
completed; and
pursuant to Oregon state law, the City also has imposed a one
WHEREAS,
and one-half percent privilege tax on the gross revenues of PGE, which will
continue to be collected by the City in addition to the franchise fee; and
PGE has consented to the extension of the Franchise and it is in
WHEREAS,
the best interest of the City to amendsaid Ordinance 2328 to allow for said
extension;
NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
The City Council finds that PGE has consented to this
Section 1.
amendment.
Section 2 of Ordinance 2328 is amended to read as follows:
Section 2.
Section 2 – Term of Franchise and Effective Date
This ordinance shall become effective March 1, 2003, and
shall terminate on June 30, 2013
Page 1 –Council Bill No.2902
Ordinance No. 2493
183
Approved as to form:
City AttorneyDate
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Heather Pierson, Assistant City Recorder
City of Woodburn, Oregon
Page 1 –Council Bill No.2902
Ordinance No. 2493
184
Agenda Item
September 10, 2012
TO:Honorable Mayor and City Council through City Administrator
FROM:Dan Brown, Public Works Director
SUBJECT:
RESOLUTION WAIVING APPLICATION OF THE NOISE ORDINANCE -
WOODBURN INTERCHANGE AND TRANSIT FACILITY IMPROVEMENT
PROJECT CONSTRUCTION
RECOMMENDATION:
That the City Counciladopt the attached resolution waiving the City Noise
Ordinance for construction activities associated with the Woodburn Interchange
and Transit Facility Improvement Project.
BACKGROUND:
The Oregon Department of Transportation (ODOT) will begin construction of
planned improvements to the Woodburn Interchange and Transit Facility
beginning in summer of 2013 and completed the winterof 2015. The estimated
cost of the planned improvements is $79 million. Full funding for the project has
not been identified by ODOT at this time, but preliminary design documents are
being finalized and must be approved in the fall of2012 to meet project delivery
schedule. A key component of the preliminary design package is defining noise
control constraints imposed on the contractor. Thenoise control constraints
required as a condition for construction will impact the project delivery schedule
and cost.
DISCUSSION:
Ordinance 2312, the Woodburn Noise Ordinance, was enacted to protect,
preserve, and promote the health, safety, and welfare of the residents of the
City of Woodburn through the reduction, control, and prevention of loud
raucous noise, or any noise which unreasonably disturbs, injures, or endangers
the comfort, repose, health, peace, or safety of reasonable persons of ordinary
sensitivity.Ordinance 2312 does recognize that the need for flexibility in noise
restrictions is essential to allow for the construction and the maintenance of
structures, infrastructure, and other elements necessary for the physical and
Agenda Item Review:City Administrator ___x___City Attorney ___x___Finance ___x__
185
Honorable Mayor and City Council
September 10, 2012
Page 2
commercial well-being of the City of Woodburn. Construction activity is
generally not permitted between the hours of 9:00 pm and 7:00 am. The City
Administrator may administratively, however,authorize construction activity
within these hours for a period to not exceed 10 days. Since ODOT is requesting
that construction activity be authorized for a period exceeding 10 days, staff
drafted a resolution for City Council consideration.
The Interchange and Transit Facility Improvement Project will entail high noise
levels throughout the duration of the project, scheduled to be three years. The
nature of the work will be very loud and very disruptive to both residents and
businesses in the vicinity of the construction activity. ODOT has identified the
need for extensive amounts of nighttime work to be performed due to
congestion control. Vehicular congestion within the construction zone will be
extensive and can present a considerable public safety concern should traffic
be backed onto I-5. Providing the ability for the contractor to perform work at
night allows construction activities that contribute to vehicular congestion to be
accomplished when traffic is lighter. Additionally, performing night work also
allows the project schedule duration to be shortened, providing relief tothe
community on the overall duration of construction activity, congestion,and the
related difficulties associated with restricted access to the freeway.
The attached recommended resolution, upon Council approval, will waive
application ofthe Woodburn Noise Ordinance, with conditions. Those
conditions have been negotiated with ODOT and were identified in itsletter
requesting waiver. The conditions identified in the ODOT request will eliminate
the most prevalent noise sources that cause quality of life deterioration
problems for adjoining neighborhoods to a major construction project. The
conditions agreed upon do not eliminate all noise, but significantly reduce
problematic annoying noise. Management of community expectations and
mitigating complaints can be best addressed by a clear policy statement that
acknowledges that this is not a perfect answer, but provides the broadest
benefit to overall community.
Provided in the attached resolution are specific conditions to be performed by
ODOT and their contractor in exchange for waiving application of the Noise
Ordinance. These conditions are intended to preserve as much as possible the
elimination of nuisance noise and sustain an acceptable quality of life for
residents in the vicinity of this major construction project.
186
Honorable Mayor and City Council
September 10, 2012
Page 3
FINANCIAL IMPACT:
Approval of the attached resolution for waiving application of the Noise
Ordinance will not impact the City’s budget. Should the Council elect to not
approve the attached resolution, the Woodburn Interchange Improvement
Project construction duration and cost will be increased. Additionally, local
businesses will be adversely impacted due to a longer construction schedule
and access limitations during the business day.
187
188
189
190
191
COUNCIL BILL NO.2903
RESOLUTION NO. 2017
A RESOLUTIONWAIVING APPLICATION OF ORDINANCE 2312(THE NOISE
ORDINANCE)FOR CONSTRUCTION ACTIVITY ASSOICATED WITH THE WOODBURN
INTERCHANGEAND TRANSIT FACILITY IMPROVEMENT PROJECTAND PROVIDING
FOR CERTAIN CONDITIONS.
Ordinance 2312(“the Noise Ordinance”)was enacted to
WHEREAS,
protect, preserve, and promote the health, safety, and welfare of the residents
of the City of Woodburn through the reduction, control, and prevention of loud
raucous noise, or any noise which unreasonably disturbs, injures, or endangers
the comfort, repose, health, peace, or safety of reasonable persons of ordinary
sensitivity; and
the Oregon Department of Transportation (ODOT) intends to
WHEREAS,
construct major improvements to the Woodburn Interchange during the period
of the summer 2013 to the end of 2015 for a sum estimated at $79 million for
enhancement of the statewide transportation system; and
ODOT has submitted a letter to the City requesting that the
WHEREAS,
application of the Noise Ordinance be waived during the Woodburn
Interchange Improvement and Transit Facility Project and agreeing to certain
specified conditions; and
the Woodburn Interchange Improvement and Transit Facility
WHEREAS,
Project is a major transportation infrastructure capital improvement project
involving construction activities that generate high levels of noise that will be
highly disruptive to the normal environment of residences and businesses in the
vicinity of the construction site; and
compliance with the Noise Ordinancewould prohibit nighttime
WHEREAS,
construction activities of the Woodburn Interchange Improvement and Transit
Facility Project and adversely impact the project delivery schedule and increase
costs; and
prohibition of nighttime work would contribute to higher levels
WHEREAS,
of daily traffic congestion that would pose a public safety risk with traffic
backing out onto a major interstate freeway and restricting vehicular movement
within the City and ability to provide timely emergency response; and
the Woodburn City Council hasthe authority in these
WHEREAS,
circumstances to waive application of the Noise Ordinance and has
Page 1 – COUNCIL BILL NO. 2903
RESOLUTION NO. 2017
192
determined that such action is necessary to facilitate the needed construction
activities;
NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
That conditioned upon ODOT’s inclusion of project specific
Section1.
noise reduction measures into the contract documents for the Woodburn
Interchange Improvement and Transit Facility Project, the City Council waives
the application of Ordinance 2312 (the Noise Ordinance) for the Woodburn
Interchange Improvement and Transit Facility Project.
That the Woodburn Interchange Improvement Project specific
Section 2.
noise reduction measures shall include the following:
a.Pile driving operations that involveactual hammer driving not be
performed between the hours of 9:00 pm and 7:00 am;
b.Pile driving operations other than those involving actual hammer
driving are considered construction activity permittedby the
waiver of Ordinance 2312;
c.Contractor shall provide 14 days advance notice to the City of
scheduled nighttime construction activity. A single notification
may cover a multi-month period. Notification shall include a
description of the type of construction activity planned and the
nature of noise residences and businesses should plan to expect
during those nighttime operations;
d.Use of an “observer” or “spotter” during nighttime work in lieu of
back-up alarmswill be utilized in the following areas of work on
OR 219/214:
Willow Avenue to Woodland Avenue on OR 219
Country Club Road/Oregon Way to Brought Way on OR
214
e.ODOT will endeavor to construct sound walls as early in the
construction schedule as possible to assist with construction noise
mitigation;
f.Post the scheduled nighttime work and type of noise residents
should anticipate on the ODOT Project website weekly or as
modified. Also, publishthe work schedule in the local
newspaper weekly.
Approved as to Form:
City AttorneyDate
APPROVED:
Kathryn Figley, Mayor
Page 2 – COUNCIL BILL NO. 2903
RESOLUTION NO. 2017
193
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Heather Pierson, Assistant City Recorder
City of Woodburn, Oregon
Page 3 – COUNCIL BILL NO. 2903
RESOLUTION NO. 2017
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Agenda Item
Sept 10, 2012
TO:Honorable Mayor and City Council through City Administrator
FROM:Steve Krieg, Building Official
SUBJECT:
Intergovernmental Agreement with the City of Newberg
RECOMMENDATION:
Authorize the City Administrator to sign an Intergovernmental Agreement (IGA)
with the City of Newberg for structural/mechanical inspections and plan
reviews.
BACKGROUND\DISCUSSION:
The City of Woodburn has an IGA with Marion County for mutual inspection and
plan review assistance. Workload demands for the County fluctuate, and in
some instances, the County is unable to assist Woodburn when needed. AnIGA
with Newberg provides additional resources when outside assistance is needed.
The IGA with Newberg addresses both structural/mechanical inspections and
plan reviews, and would allow Woodburnand Newberg to assist each other on
an as-needed basis.
FINANCIAL IMPACT:
The Structural/Mechanical Inspections and Plan Review IGA involves budgeted
money to the extent that Woodburnuses Newberg’sresources. To the extent
that Newberg uses Woodburn’sresources, some revenue will be received by the
City.
Attachments:IGA for Structural/Mechanical Inspections and Plan Reviews
Agenda Item Review:City Administrator ___x___City Attorney __x____Finance __x___
195
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE CITY OF NEWBERG
AND
THE CITY OF WOODBURN
FOR
STRUCTURAL/MECHANICAL INSPECTIONS AND PLAN REVIEWS
This Agreement is made pursuant to ORS 190.010 between the City of Newberga
municipal corporationof the State of Oregon, hereinafter called “Newberg”, and the City
of Woodburn, a municipal corporation of the State of Oregon, hereinafter called
“Woodburn”.
I. RECITALS:
1.Newbergand Woodburnhave determined that they have a need for qualified
personnel to perform structural/mechanical inspections and plan reviews in lieu
of their own employees who may be ill, on vacation, or otherwise temporarily
unable to perform their duties, and;
2.Newbergand Woodburnemploy inspectors who are qualified and licensed to
perform such inspection and plan review duties, and;
3.It is the mutual desire of Newbergand Woodburnthat each agency provide
personnel to provide these backup services to the other agency as needed,
therefore;
4.This Agreement is being brought forth to allow Newberg, by and through its
Planning and BuildingDepartments’ Building Inspection Division, to provide
structural/mechanical inspections and plan reviews on an as-needed basisto
cover the Woodburn’s inspection staff, and for Woodburnto provide the same
services upon request for Newberg.
II NEWBERGOBLIGATIONS
NewbergShall:
1.Perform structural/mechanical inspections and plan reviews on behalf of
Woodburn, as requested by Woodburn.
2.Comply with all ORS and OAR requirements and regulations pertaining to the
structural/mechanical and plan review programs.
3.Provide State of Oregon certified/licensed inspectors to perform all inspections.
IGA Structural/Mechanical Inspections And Plan Reviews Page
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4.Complete Inspection Report Form provided by Woodburn.
5.Provide identification upon entering a job site and the state the reason for the site
visit.
6.Fax a copy of the completed inspection report to Woodburnwithin 48 hours of
completion of the inspection.
7.Comply with the inspection notification requirements of applicable ORS and
OAR.
8.Provide Woodburna monthly request for paymentto be submitted with a list of
the inspection requests and plan reviews completed listing the date, location and
type of inspection, and time spent performing inspections each day and number
of hours performing plan reviews.
9.Send (via facsimile) a request for inspection to Woodburnthe morning of the
requested date of inspection after first verifying with the WoodburnBuilding
Official that adequate staffing exists to provide Newbergwith backup services.
(Inspection request form shall include the site location, type of inspection
needed, and permit number and information).
10.Remit payment to Woodburnwithin 30 days of receipt of monthly request for
payment by Woodburn.Woodburnshall submit final invoice for work completed
under this agreement not later than 30 days after expiration date of this
agreement.
III WOODBRUNOBLIGATIONS
Woodburnshall:
1 Send (via facsimile) a request for inspection to Newbergthe morning of the
requested date of inspection after first verifying with the NewbergBuilding Official
that adequate staffing exists to provide Woodburnwith backup services.
(Inspection request form shall include the site location, type of inspection
needed, and permit number and information).
2 Remit payment to Newbergwithin 30 days of receipt of monthly request for
payment by Newberg.Newbergshall submit final invoice for work completed
under this agreement not later than 30 days after expiration date of this
agreement.
3 Perform structural/mechanical inspections and plan reviews on behalf of
Newberg, as requested by Newberg.
IGA Structural/Mechanical Inspections And Plan Reviews Page
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4 Comply with all ORS and OAR requirements and regulations pertaining to the
structural/mechanical and plan review programs.
5 Provide State of Oregon certified/licensed inspectors to perform all inspections.
6 Complete Inspection Report Form provided by Newberg.
7 Provide identification upon entering a job site and the state the reason for the
visit.
8 Fax a copy of the completed inspection report to Newbergwithin 48 hours of
completion of the inspection.
9 Comply with the inspectionnotification requirements of applicable ORS and
OAR.
10Provide Newberga monthly request for payment to be submitted with a list of the
inspection requests completed listing the date, location and type of inspection,
and time spent performing inspections each day and number of hours performing
plan reviews.
IVMUTUAL FINANCIAL OBLIGATIONS
1.Newbergand Woodburnagree to pay each other for services provided under this
agreement at the rate of $100.00 per hour. These rates may be adjusted
annually (in writing) to the mutual satisfaction of both parties.
2.Payment under the terms of this agreement is separate from and in addition to
the payments made under any other existing agreements between Newbergand
Woodburn.
3.All requests for payment shall be submittedto:
City of Woodburn
Steve Krieg, Building Official
270 Montgomery Street
Woodburn, OR 97071
City of NewbergBuilding Inspection
Brooks Bateman, Building Official
P.O. Box 970
414 E. First Street
Newberg, OR 97132
IGA Structural/Mechanical Inspections And Plan Reviews Page
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4.All requests for payment shall include documentation described in Section II (8)
to justify payment under this agreement.
5.Newbergand Woodburncertify that at the time the agreement is written,
sufficient funds are available and authorized for expenditure to finance costs of
this agreement.
V. TRAVEL AND OTHER EXPENSES
No additional fees are part of this agreement.
VI. RESPONSIBLE PARTIES FOR ADMINISTRATION
The primary organizations and officials responsible for conducting the administrative
requirements of this agreement are:
City of Woodburn: Steve Krieg, Building Official
City of Newberg:Brooks Bateman, Building Official
VII.NON-PERFORMANCE
Neither party shall be held responsible for delay or failure to perform when such delay
or failure is due to fire, flood, epidemic, strikes, acts of God or the public enemy,
unusually severe weather, legal acts of public authorities, or delays or defaults caused
by public carriers, which cannot be reasonably foreseen or provided against. Either
party may terminate the agreement, effective with the giving of written notice, after
determining such delays or failure will reasonably prevent successful performance in
accordance with the terms of this agreement.
VIII.INSURANCE AND INDEMNIFICATION
Woodburnshall, to the extent permitted by the Oregon Constitution and by the Oregon
Tort Claims Act, indemnify, defend, save, and hold harmless the City of Newbergand its
officers and employees from any and all claims, suits, and liabilities which may occur in
the performance of this agreement.
Likewise, Newbergshall, to the extent permitted by the Oregon Constitution and by the
Oregon Tort Claims Act, indemnify, defend, save, and hold harmless the City of
Woodburn and its officers and employees from any and all claims, suits, and liabilities
which may occur in the performance of this agreement.
Each party shall insure or self-insure and be independently responsible for the risk of its
own liability for claims within the scope of the Oregon Tort Claims Act (ORS 30.260 to
30.300).
IGA Structural/Mechanical Inspections And Plan Reviews Page
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IX.NONDISCRIMINATION
The parties agree to comply with all applicable requirements of Federal and State civil
rights and rehabilitation statutes, rules and regulations in the performance of this
agreement.
X.COMPLIANCE WITH APPLICABLE LAWS
The parties agree that both shall comply with all Federal, State, and local laws and
ordinances applicable to the work to be done under this agreement. The parties agree
that this agreement shall be administered and construed under the laws of the State of
Oregon.
XI.AMENDMENTS
The terms of this agreement shall not be waived, altered, modified, supplemented or
amended except by written instrument signed by both parties, with the exception of the
annual review and modification of rates. This agreement may be extended upon written
amendment for a period not to exceed two years from original expiration date.
XII.TERMINATION
This agreement may be terminated by mutual consent by both parties or by either party
upon 30 days' notice, in writing, and delivered by certified mail or in person.
XIII.TERM OF AGREEMENT
This Agreement shall become effective on the date on which every party has signed this
Agreement. This Agreement shall expire unless otherwise terminated, or extended by
amendment, on January 1, 2015.
IGA Structural/Mechanical Inspections And Plan Reviews Page
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IN WITNESS WHEREOF, the parties have caused this Agreement to be signed in their
respective names by their duly authorized representatives as of the dates set forth
.
below
THE CITY OF NEWBERGCITY OF WOODBURN
City AdministratorDateCity AdministratorDate
IGA Structural/Mechanical Inspections And Plan Reviews Page
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Agenda Item
September 10, 2012
TO:Honorable Mayor and City Council
FROM:Scott C. Derickson, City Administrator
SUBJECT:
FY 2012/13 Amended Financial Plan
:
RECOMMENDATION
Adopt the attached FY 2012/13 amended Financial Plan (Budget Policies &
Reduction Strategy) via a motion to include Section 15 –Annual Financial Audit.
Staff considers the addition of this language to be a “house-keeping” type item
intended to strengthen the City’s overall budget policy.
:
BACKGROUND
The purpose of the financial plan is intended to help the City better predict cost
and revenue trends from year to year, make better budget decisions via the
memorializing of sound financial practices, budget administration and if
necessary, reducing the City’s budget so that it is consistent with the overall
goals of the City Council and the needs of the community.
Per Section 1 (A) of the City’s , the Council
Budget Policies & Reduction Strategy
reviews, updates and approves the plan on an annual basis or as needed. It
seems prudent to amend the policies from time-to-time and as needed. In
August of 2011, the City Council first adopted a comprehensive set of budget
polices intended to provide a policy framework for compiling the annual
budget, including approaches for reducing budget expenditures if needed.
The policies were then updated and approved in 2012 prior to the compilation
of the FY 2012/13 Budget.
In FY 2012, the City Administrator used the City Council’s adopted polices as a
guideline for implementing mid-year corrective actions, designed to bring
projected cost in line with expected revenue shortfalls. This action led to a mid-
year reduction of about $1.1 million overall, which was then carried forward into
the current year budget as approved by the Budget Committee. The City has
also recently fulfilled all audit filing requirements.
Agenda Item Review:City Administrator ___x___City Attorney __x____Finance __x___
202
Honorable Mayor and City Council
September 10, 2012
Page 2
:
DISCUSSION
After working with the policies this past year, and consulting with the City’s
auditing firm on a host of issues related to the City’s annual audit, I am
recommending that the City Council amend the Budget Policies & Reduction
Strategy to include language related to the City’s annual audit.
The proposed language is included in the attached draft Budget Policies &
Reduction Strategy and can be found as the newly added Section 15 - Annual
Financial Audit. Much of the proposed Section 15 –Annual Financial Audit
memorializes the City’s current and standard audit practices, ensuring sound
audit principals are reflected in the Council’s policies.
:
FINANCIAL IMPACT
Although there is no immediate monetary impact on the City, the draft
Budget
will help make stronger financial decisions that are
Policies & Reduction Strategy
in the best interests of the community and the City organization.
203
City of Woodburn
Budget Policies &Reduction Strategy
FY 2012/13- Revised
SECTION 1.ANNUAL REVIEW& POLICY
Fiscal Responsibility
A.. Per the City Council’s biannual 2011 - 2013 Adopted Goals, it will be
the policy of the City of Woodburn to return the highest level (or sustain the current levels) of
service with the least amount of taxpayer investment; and to plan accordingly.
Balanced Budget
B..The City’s Budget shall be balanced. For each fund, ongoing costs are not to
exceed ongoing revenues plus available fund balances used in accordance with reserve policies.
Budget Process
C.. The annual budget process is intended to weigh all competing requests for City
resources within expected fiscal constraints. Levels of service will increase or decrease based on
the availability of recourses. Requests for new programs made outside the annual budget
process are discouraged. New initiatives will be financed by reallocating existing City resources
to the services with the highest priorities.
Fiscal Recommendations
D.. Consistent with the administrative responsibilities outlined in the
Charter, the City Administrator will make fiscal recommendations to the City Council on all
measures necessary to sustain current levels of service and avoid reductions in City programs,
including the consideration by the City Council of new revenue sources if this is determined to
be in the best interest of the community.
Budget Policies Updated Annually
E..The City Council will review and adopt Fiscal Year
Budget Policies on an annual basis.
Yearly 5-Year Forecast
F..The City Council will review and approve the 5-Year Forecast (see
attached Exhibit A) on an annual basis. The forecast is an estimate of future revenues and
expenses and is intended to serve asan estimate and a guideline for making sound financial
decisions in the current fiscal year and budget preparation. The 5-Year Forecast and the annual
Budget Policies together will constitute the City’s Annual Financial Plan.
Policy Direction
G.. Consistent with their policy making role outlined in the Woodburn City
Charter, the City Council is responsible for providing policy direction to determine the City’s
overall fiscal policy. In response to the fiscal recommendations made by the City Administrator,
the City Council shall consider all measures necessary to sustain current levels of service and
avoid reductions in City programs, including consideration by the City Council of new revenue
sources if this is determined to be in the best interest of the community.
Budget
H..Under the Woodburn City Charter, the City Administrator serves as Woodburn’s
Budget Officer. The Finance Director assists the City Administrator with preparation and
presentation of the annual budget, budget administration and the day-to-day finance operations.
The Budget Officer is responsible for the administration of the annual budget and may approve
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or disapprove the expenditures contained in the adopted budget if deemed in the best financial
interest of the City.
Budget Administration
I.. As authorized by the City Charter, the City Administrator is
responsible for taking actions necessary to keep expenditures within anticipated revenues,
including initiating layoffs, re-organizations, downsizing, program reductions and adjustments to
service levels.The City Administrator will keep inform the City Council informed as to any
steps taken to reduce expenditures and, whenever possible, the Council will review the decisions
and consider options during a mid-year budget review.
SECTION 2. DISCRETIONARY &DEDICATED RESOURCES
Recognizing Financial Limits
A.. Woodburn will make a distinction between two different types
of services; 1) those that are funded primarily from City discretionary resources and; 2) and those
that are funded primarily from dedicated resources.
Discretionary Resources
B.. The General Fund is the fund that collects discretionary resources to
provide discretionary programs and services as recommended by the Budget Officer and
approved as part of the City’s cycle. The City will continue to fund these programs primarily
from General Fund discretionary resources. These include police, park and recreation, economic
development, land use financial services and other programs.
Dedicated Resources
C.. Dedicated services (e.g., fees, grants, utility revenues, etc.) are traditional
City services that are provided primarily with dedicated funds. Dedicated resourcesare subject to
restrictions via state and federal law, grant agreements and contracts, City policy and ordinances.
Frequently, these resourceswill be state or federal programs that the City administers locally,
such as public safety programs or transportation grants. The City will fund these programs (i.e.
speed and safety belt enforcement, etc.) primarily from dedicated resources.
SECTION 3. GENERAL FUNDBUDGET(DISCRETIONARY)
Annual Budget Goal
A..The goal shall be to prepare a budget that maintains existing high priority
programs supported by the General Fund while at the same time seeking savings wherever
possible. Funding for lower priority programs will be reduced or eliminated to ensure that
expenditures remain in balance with resources.
General Fund Emphasis
B.. The highest priority shall be to conserve General Fund discretionary
resources to fund high priority programs as defined by the City Council and City Administrator.
Maximize City Council’s Discretion
C..Wherever legally possible, revenues are to be treated as
discretionary resources, rather than as dedicated to a particular program or service. The goal is to
give the City Council as much flexibility as possible in allocating resources to local priorities.
New Revenues
D.. In order to sustain current levels of service, avoid reductions in public safety
programs or increase services needed to meet community demands, the City Council may
consider new discretionary revenues if it is determined to be in the best interest of the
community.
Use of Dedicated Funding Sources
E..Whenever legally possible, funding responsibility for
existing programs or activities should be transferred to appropriate dedicated funding sources,
freeing up scarce discretionary resources to fund City Council priorities.
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Cost Efficiency
F..Staff will prepare fiscally conservative budgets and will seek savings wherever
a balance between cost efficiency and the quality of public service can be achieved.
Materials & Services
G.. Departments are to prepare “base budgets” with a goal of holding
General Fund or other discretionary resources for materials and services expenditures to no more
than FY2011/2012 budget levels.
No General Fund Street Maintenance Support
H.. No discretionary General Fund revenues will
be used to support street maintenance activities. General Fund street lighting transfers are
exempted from this policy. The current transfer from the General Fund for street lighting will be
maintained as long as it is fiscally viable. The transfer will be reviewed as approved each fiscal
year as part of the budget process.
Revenue Estimates
I.. Departments should budget for revenues based on the best information
available during the budget process. If additional information becomes available during the
budget process, it should be provided to the Finance Director’s Office. Accuracy in
revenue/expenditure estimates iscritical. New revenueestimates should be based on the best
information available. Subsequent annual estimates should also take into consideration the actual
receipts from the previous year.
Pursuit of New Departmental Revenues
J..Departments shall pursue revenue sources to the
fullest extent possible for all services as wellas total cost identification (including indirect costs)
for fee setting purposes, grants or other funding opportunities. Any new revenue sources should
be used to offset the cost of existing staff and programs, rather than funding new staff or
programs. Fee schedules will be reviewed annually to ensure costs are recovered.Fee schedules
will be updated as part of the annual budget process.
Expenditure Reductions
K..Reductions in revenues may require expenditure reductions from the
“base budget” level. If reductions are required, the City Administrator will be guided by the City
Council’s adopted Resource Reduction Strategy.
Discretionary Programs
L.. New discretionary programs may be included in the Proposed Budget
with the prior approval by the City Administrator and if the new program is deemed a high
priority activity. The impact of new or expanded programs on overhead services (information
system services, financial services, building / grounds maintenance, human resource services,
budget services, etc.) shall be evaluated to determine if overhead services need to be increased
due to the addition of new programs.
The costs of increases in overhead services attributed to additional programs shall be included in
the analysis of the total cost of new programs.Should outside funding for a program expire, the
program may be terminated by the City Administrator or the City Council.
Full Cost Recovery
M..City staff shall make every effort to assign costs where they occur through
the use of interdepartmental / interfund charges and indirect cost percentage assignments. The
intent is to clearly define the actual cost of each direct service the Cityprovides internally or
externally. The first priority is the recovery of overhead costs from all funds and grant programs
and through the use of the City’s Indirect Cost Program/Methodology.
Annual Budget Savings
N.. To the extent General Fund supported departments experience savings
during the year (due to position vacancies, etc.) that money should not be spent. Instead it should
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be saved to augment the beginning fund balance for the next fiscal yearexcept as approved by the
City Administrator.
SECTION 4. NON-GENERAL FUND / UTILITY BUDGETS(DEDICATED)
Bottom-Line Emphasis
A.. For activities or programs funded primarily from non- General Fund
sources, Departments are to prepare “base budgets” with a goal of holding any General Fund
contribution to no more than the amount provided in the current fiscal year, subjectto the
availability of funds. Whenever possible, reductions in General Fund contributions should be
achieved.
No Backfilling
B.. General Fund discretionary dollars will not be used to back-fill any loss in water
and/or sewer City utility revenue, state-shared or federal revenues, grants or dedicated funding
programs (for further information, see the Resource Reduction Strategy).
Revenue Estimates
C.. Departments should budget for revenues based on the best information
available at the time the budgets are prepared. If additional information becomes available during
the budget process, it shall be provided to the Finance Department. New revenues should be
estimated based on available information the first year. Subsequent annual estimates should also
take into consideration actual receipts from the previous year.
Overhead Cost Allocation Charges
D..All non-General Fund departments should budget the
amount allocated to that department in the City’s Indirect Program /Methodology.
Cost Efficiency
E..As with the General Fund, staff responsible for non-General Fund budgets will
prepare fiscally conservative budgets and will seek savings wherever a balance between cost
efficiency and the quality of public service can be achieved.
Utility Revenue allocations
F.. It is the policy of the City of Woodburn that revenue generated by
City owned utilities will be split between capital funds and operating expenses in a manner
consistent with Woodburn’s Capital improvement plans and operating requirements. The
allocation, or split, of these revenues will be approved annually as part of the budget processes.
General Fund Transfer Savings
G.. With the exception of required “hard-dollar” grant matches,
any unused or unneeded portions of budgeted General Fund transfers to non-General Fund
budgets will be returned to the General Fund at the end of the fiscal year in order to increase the
General Fund ending balance.
Utility Rates
H.. The City will maintain utility rates at a level thatensuresthat all debt service,
operating and capital costs are adequately recovered. Capital costs identified in approved capital
improvement plan will be used as the basis for forming the capital costs recovery portion of
utility rates.
System Development Charges
I.. As permissible under state law, the City will pursue the
recovery of infrastructure related development cost relating to water, sewer, street, storm and
parks. These costs will be delineated via a defensible methodology, which will be revised from
time to time to ensure accuracy.
Street SDCMinimum Reserve
J.. The Street SDC Fund will not be depleted below $5.26 million
until after the City’s contribution to the Woodburn Interchange Project has been satisfied. A
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Street SDC Fund balance of $4 million will be held in reserve and dedicated towards any balance
outstanding on the City’s contribution to the I-5 Interchange Project.
SECTION 5. FUND RESERVES &CONTINGENCIES
General Fund Contingencies
A..At least 10% of the General Fund’s operating appropriation shall
be placed into the operating contingency to meet cash flow needs and with the expectation that
most will notbe spent and will become part of the 2012/2013 Beginning Fund Balance. The
General Fund operating contingency for 2012/2013 shall be increased if carryover resources are
available in accordance with recommendations provided in the City’s long-term financial plan.
General Fund Contingency Proportionality
B..Where contingency is expended; overall
reductions will be made to the General Fund to ensure the remaining contingency remains at 10%
of the General Funds operating costs.
Water & Sewer Fund Contingencies
C.. The Water and Sewer Funds will maintain annual
contingencies of not less than 5%.
SECTION 6. GRANT APPLICATIONS(ALL FUNDS)
Approval to Pursue
A..The City Administrator’s approval is necessary before any employee
pursues lobbying efforts on matters having budget implications, and before grant applications are
submitted to the granting agency. Department Heads should advise the City Administrator before
official positions are taken on matters that might have budget implications.
General Fund Matching Funds
B.. Upon approval by the City Administrator, matching fund
requirements will be presented to the City Council for final approval.
SECTION 7. NEW POSITIONS, PROGRAMSAND OVERTIME(ALL FUNDS)
Base Budget & New Positions
A.. Departments are to prepare “base budgets” with no new regular
positions unless specifically authorized by the City Administrator in advance of Budget
preparations. Reorganizations of departments or programs resulting in changes in staffing or
positions may be considered if the change is cost neutral or a cost savings from the current costs.
No position compensation or increase will be provided beyond amounts budgeted for the position.
Considerations of New Positions/Programs
B..Consideration of new programs and positions will
occur only if the cost of the position or program is offset by non-General Fund sources legally
tied to the new position or if the cost of the position is offset by new external revenues, reductions
within existing fundsand/orthe position is required to generate those revenues. Cost estimates
for new positions will include office facility space, equipment, rent, utilities, supplies, related
increases in overhead services, etc.
Additional personnel or programs shall be requested only after service needs have been
thoroughly documented or after it is substantiated that the new employees will result in increased
revenue or enhanced operating efficiencies.
Annual Overtime Budgets
C..Departments will anticipate their annual overtime costs to be
included the Proposed Budget. Once the Budget is adopted, overtime costs are to be managed
within adopted levels. No overtime costs can exceed budgeted levels without first obtaining the
authorization of the City Administrator.
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SECTION 8. MID-YEAR BUDGET REDUCTIONS
Revised Revenue or Expense Estimates
A.. If additional information concerning revenue
reductions or significant expense increases becomes available after the start of 2012/13fiscal
year, it may be necessary to make budget adjustments.These adjustments will be made in
accordance with the City Council’s adopted Resource Reduction Strategy.
SECTION 9. MID-YEAR REQUESTS, GENERAL FUND CONTINGENCY(ALL
FUNDS)
Non-Emergency Requests
A..In those cases where a department is required to absorb an
unanticipated cost beyond its control of a non-emergency nature, departmental resources must
first be exhausted prior to a transfer from General Fund contingencies. Upon conducting a final
financial review of departmental budgets towards the end of the year, a transfer from contingency
will be made to cover unanticipated costs that could not be absorbed throughout the year.
Emergency Requests
B..Emergency requests during the fiscal year will be submittedto the City
Administrator for recommendation and forwarded to the City Council for consideration.
SECTION 10.COMPENSATION & BENEFITS (ALL FUNDS)
Wage Policy
A..Historically, the biggest factors forcing budget growth are increases in employee
compensation and increased benefit costs. The City will have a compensation and benefit
program that: 1) reflects the value of work performed by our employees, 2) compares favorably
with the compensation and benefits paid for similar work in both the private and public sectors,
and 3); considers the community’s ability to pay. Both our employees and the public must
understand the mutual respect that such a policy warrants.
Health Care & PERS Costs
B.. Continue the City’s policy on wages and salary increases which
evaluates the increased cost of health insurance and PERS contributions as part of the total
compensation package. It is the goal of the City to reduce annual escalations of health insurance,
and other benefit costs by getting the employees to bear an equitable portion of the annual
premium increases and/or selecting lower cost benefit programs.
Cost of Living Adjustments(COLA)
C..The City Administrator will make a recommendation
either to include, or not include, a COLA for non-represented employees in the Proposed Budget.
All cost of living adjustments will be approved by the Budget Committee and adopted by the City
Council. COLAs or other compensation provided for in collective bargaining agreements will be
provided for in the annual Proposed Budget.
Step Adjustments
D.. Budgeted personnel services expenditures will include an amount to account
for annual step adjustments for all employees who are not currently at the top of their range.
Annual employee step adjustments will not exceed 5% without the expressed permission of the
City Administrator.
SECTION 11.BUDGET CONTROLS
Legal Compliance
A.. The City Administrator and Finance Director will continue to review and
control departmental budgets at the “expenditure category level” (such as personnel services,
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materials and supplies). As such, City Administrator’s approval is necessary before actual or
projected year-end expenditures are allowed to exceed total expenditure appropriations for each
“expenditure category.”
Personnel Services & Benefits
B.. With the exception of overtime pay and temporary help
accounts, which shall be developed by Department Heads with the adviceof the Finance Director
and the approval of the City Administrator, personnel services and benefits cost calculations will
be provided by the City Administrator and the Finance Director and will be used as provided.
The City Administrator and the Finance Director will also provide estimates for insurance and
internal services costs. These amounts will not be altered by Department Heads.
Wages & Benefit Control
C.. Positions not entitled to receive benefits will be managed in a
manner that keeps them below mandatory benefit thresholds (such as PERS, health insurance,
etc.).Positions will only be eligible for benefits if approved by the City Administrator and/or
designated in Job Descriptions. All benefit costs must be anticipated and included in the annual
Budget.
One Time Revenues
D.. One-time revenues will be used only for one-time expenses.
SECTION 12.UN-APPROPRIATED ENDING FUND BALANCES(ALL FUNDS)
Limit UnappropriatedEnding Fund Balances
A.. To provide the most budget flexibility during
the year, limit the use of unappropriated ending fund balances to circumstances where they are
required by law. Rather than use unappropriated fund balances, the goal should be to place any
monies not needed for current expenditures in the relevant funds’ operating contingencies.
SECTION 13.CAPITAL IMPROVEMENT GUIDELINES
Capital Improvement Program
A.. A six-year Capital improvement Program will be adopted as
part of the annual budget process. It will include all projects anticipated to be initiated and/or
delivered in the six-year planning period. The Capital Improvement Program will be consistent
with the City’s adopted Capital Improvement Master Plans. Funding availability will determine
the rate at which Capital Improvement program projects are initiated or completed.
Exceptions
B.. The City will fund dedicated programs and services with dedicated funding sources.
Exceptions may be made, on a case-by-case basis, by the Budget Committee, City Council or by
the City Administrator if appropriate. One criterion will be whether the City would incur more
costs elsewhere as a result of the reduction.
Capital Planning Consideration
C.. Recognizing that it does not necessarily make sense to fund
current operations at the expense of long-term capital or planning programs, every effort will be
made to continue capital and planning programs geared to the City’s long term needs.
SECTION 14. DEBT ISSUANCE (ALL FUNDS)
Debt Issuance
A.. The City will only issue debt in accordance with adopted Master Debt
Resolutions for Sewer and Water. General Obligation debt will only be issued in compliance
with state statutes. Debt will only be issued (for all fund types) when a dedicated resource is
available to meet the required debt service and reserve.
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Interfund Transfers
B.. Interfund transfers are allowed if the City Council determines the transfer
to be in the best interest of the City. All interfund transfers will be managed consistent with state
budget law. No debt will be issued without the approval of the City Administrator and
authorization of the City Council.
SECTION 15. ANNUAL FINANCIAL AUDIT
Annual AuditRequired
A.. The Oregon Municipal Audit Law (ORS 297.405 – 297.555) requires
a financial audit and examination be made of the accounts and financial affairs of the City at least
once a year. Consistent with State law, the City of Woodburn will conduct an annual independent
audit of the preceding fiscal year.
Audit Standards
B.. Woodburn’s annual financial audits will be conducted in accordance with
auditing standards generally accepted in the United States. Those standards require that an
independent auditor plan and perform the audit to obtain reasonable assurance about whether the
basic financial statements are free of material misstatement.
The audit will examine, on a test basis, evidence supporting the amounts and disclosures in the
basic financial statements. The audit will also assess accounting principles used and significant
estimates made by management, as well as evaluating the overall basic financial statement
presentation. The audit will contain an assessment of the City’s internal financial controls and
procedures and make any necessary recommendations for improvement.
City Administrator & Finance Director Oversight
C..The City Administrator will work with the
Finance Director in designating the appropriate staff needed to prepare all needed audit work
products andserve as primary staff contacts with the audit firm. The City Administrator will
serve as the direct audit firm contact should the audit firm encounter any difficulty in obtaining
needed information, work products, timely reports or develop concerns regarding any aspect of
the audit process.
The Finance Director is responsible for ensuring that timely and accurate work products are
delivered for the purposes of completing the annual audit within designated timelines. At a
minimum, the City Administrator will meet with the audit firm at the beginning and conclusion of
the audit process to identify issues and review any findings identified by the audit firm.
Preparation of Financial Statements
D..On a year-to-year basis, the City Administrator may elect
to have annual financial statements prepared by City staff for the purposes of completing the
annual audit. However, the City Administrator may also elect to have the audit firm prepare
financial statements if deemed appropriate.
Audit Deadlines & Extensions
E.. Per Section 15 (F), the annual audit will be presented to the
City Council no later than December 31. Consistent with State law, the annual Audit will also be
filed with the Oregon Secretary of State’s Audit Division no later than December 31.
The presentation of the audit to the City Council and filing with the Secretary of State’s Office
may occur later than December 31 if an audit filing extension is granted by the Secretary of
State’s Office. Any and all requests for audit filing extensions must be approved in writing by
both the City Administrator and the Auditor. In the event that an audit filing extension is
requested and/or granted, the City Administrator will inform the City Council of the reasons for
the extension request and estimated time line for completing, presenting and filing the annual
audit report.
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Audit Presentation to City Council
F..The annual audit findings will be presented to the
Woodburn City Council during the first available regularly scheduled City Council meeting after
the audit has been filed with the Secretary of State. The audit presentation will be conducted by a
representative of the auditor or audit firm. All audits presented to the City Council must be
complete and signed by a representative of the audit firm.
Budget Committee Review
G..A copy of the filed annual Audit will be provided to the Woodburn
Budget Committee for their reviewand information.
SECTION 16.PROGRAMS
Discretionary Programs
A..To the extent additional discretionary resources are available, high
priority services areas will be slated for growth in discretionary support. Lower priority service
areas will receive constant or decreasing discretionary support. Discretionary programs are as
follows:
Discretionary Programs
Police Patrol & Public Safety
Police Support Services
Financial Services
Legal Services
Land Use Planning
Economic Development
Code Enforcement
General Administration
Library
Aquatic Center
Recreation Programming
Parks and Park/Tree Maintenance
Other General Fund Supported Non-Essential Program & Services
Computer/Network transfers (capital replacements of desktop pc’s and associated servers)
Discretionary Transfers (i.e. Transit, Streets, RSVP, etc.)
Community Services (i.e. flower baskets, TOT Grants –where permissible, etc.
Intergovernmental Agreements that provide no direct offsetting revenues
SECTION 17.RESOURCE REDUCTION STRATEGY(ALL FUNDS)
Goal & Reduction Approach
A..When faced with a potential reduction in resources, the City’s
goal is to continue to provide services in a professional, effective and efficient manner.
Consequently, to the extent possible, across-the-board reductions in expenditures will be avoided.
Case-by-Case Consideration
B..Reductions will be made on a case-by-case basis, focusing on
each individual program or service. If possible, reduction will be made proportional to the
programs and services identified by the City Council.
Moderation When Possible
C..If, as a result of loss of a significant amount of discretionary
resources, expenditure reductionsbecome necessary, those reductions will be made in moderate
case-by-casereductions in discretionary supported programs and services. These reductions will
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focus first on programs funded by dedicated resources and then services funded by discretionary
resources.
Discretionary Contributions
D..If further reductions are required, any discretionary funding that
supplements or supports services mostly supported with dedicated resources will be reduced or
eliminated. This may apply to programs or activities expanded or started with discretionary
resources within the last few years. Exceptions may be made on a case-by-case basis by the City
Council.
Furlough Days
E..If personnel budget/salary saving are required, the City will consider a reduced
work week or furlough days prior to laying off staff.
Consideration List
F.. Discretionary funding for programs funded by discretionary resources will
be reduced or eliminated as needed. Legal restrictions or the City’s ability to maintain minimal
service levels will be considered. City service area priorities are:
Consideration List
Intergovernmental Agreements that provide no direct offsetting revenues
Community Services (i.e. flower baskets, TOT Grants –where permissible, etc.)
Discretionary Transfers (i.e. Transit, Streets, RSVP, etc.)
Computer/Network transfers (capital replacements of desktop pc’s and associated servers)
Other General Fund Supported Non-Essential Program & Services
Parks and Park/TreeMaintenance
Recreation Programming
Aquatic Center
Library
General Administration
Code Enforcement
Economic Development
Land Use Planning
Legal Services
Financial Services
Police Support Services
Police Patrol & Public Safety
Indirect Costs
G.. The City’s overhead programs will not be prioritized, but will be sized to the
need and size of the overall organization. Generally, wherever possible, the City’s goal is to
make fee-supported programs self-sufficient. This includes recovering those programs’
appropriate share of the City’s overhead costs. If reductions occur, then indirect costs will be
sized to the needs and size of the rest of the organization.
Dedicated Funding for Programs
H.. Where legally possible, the City will consider using
dedicated resources to fund high priority programs related to the purpose for which the dedicated
funds are received.
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Agenda Item
September 10, 2012
TO:Honorable Mayor and City Council through City Administrator
FROM: Jim Hendryx, Directorof Economic & Development Services
SUBJECT:
Planning Commission approval of cases SUB 2012-01, VAR 2012-02,
and EXCP 2012-01 for Kalugin Estates subdivision, located south of
Hardcastle Avenue, between Dunn Court and Orchard Lane
RECOMMENDATION:
No action is recommended. This item is placed before the Council for
information purposes in compliance with the Woodburn Development
Ordinance. The Council may call up this item for review if it desires.
BACKGROUND:
The property owner requested approval of a 14 lot subdivision, with variances for
lot area, width, depth, street frontage, front, side and rear setbacks, lot
coverage, and street cross-section (for Kalugin Lane and Centennial Drive), and
an exception for improvements to Hardcastle Avenue.
DISCUSSION:
The Planning Commission found thatthe proposal was similar to a Planned Unit
Development. Because the site does not have the 5 acres required for a
Planned Unit Development, the owner’s only option to develop a small-lot
subdivision was to obtain multiple variances. A small-lot subdivision was justified
by the narrowness of the parcel and the existing alignment of Centennial Drive.
The Planning Commission found that the proposed development was consistent
with existing development in the area(duplex lots to the west and north). The
Commission emphasized that its approval is for a unique development and is
not intended as a precedent for reduced lot sizes.The Commission’s decision
was unanimous.
FINANCIAL IMPACT:
This decision is anticipated to have no public sector financialimpact.
Agenda Item Review:City Administrator ___x___City Attorney ___x___Finance ___x__
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Honorable Mayor and City Council
September 10, 2012
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Preliminary Subdivision Plan
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CG
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Zoning map
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