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10-22-12 Agenda KF,M CW ATHRYN IGLEYAYOR ITY OF OODBURN DP,CW1 ICK UGHOUNCILOR ARD J.MS,CWII EL CHMIDTOUNCILOR ARD CCA PMC,CWIII ITYOUNCILGENDA ETER CALLUMOUNCILOR ARD JC,CWIV AMES OXOUNCILOR ARD FL,CWV RANK ONERGANOUNCILOR ARD O22,2012–7:00.. CTOBERPM EM,CWVI RIC ORRISOUNCILOR ARD CHCC–270MS ITY ALL OUNCIL HAMBERS ONTGOMERY TREET 1.CALL TO ORDER AND FLAG SALUTE 2.ROLL CALL 3.ANNOUNCEMENTS AND APPOINTMENTS Announcements: A.City Hall and the Library will be closed on November 12 in observance of Veterans Day. The Aquatic Center will be open normal hours. B.Due to the Veterans Day holiday, the City Council meeting scheduled for Monday, November 12 will be moved to Tuesday, November 13. C.The Aquatic Center will be hosting Spooky Splash From 5:00- 7:00pm on Saturday,October 27, which is generously sponsored by theWooden Shoe Tulip Farm. Guests can pick their pumpkin from the floating patch in the pool while experiencing the colorful glow of underwater lights and fall related festivities. Cost for the event is regular general admission plus $2.00 per pumpkin. D.The annual Downtown Trick or Treating event is scheduled to take place in the Downtown Plaza from 3:00pm –5:00pm on October 31.Various games, contests, and activity stations will be set up for all to enjoy.Rain or shine. Appointments: None. 4.COMMUNITY/GOVERNMENT ORGANIZATIONS A.Downtown Woodburn Unidos B.Woodburn School District **Habrá intérpretes disponibles para aquéllas personas que no hablan Inglés, previo acuerdo. Comuníquese al (503) 980-2485.** October 22, 2012Council Agenda Page i 5.PROCLAMATIONS/PRESENTATIONS Proclamations: None. Presentations: A.WDO Update1 6.COMMUNICATIONS None. – This allows the public to introduce items for 7.BUSINESS FROM THE PUBLIC Council consideration not already scheduled on the agenda. –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 October 8, 201231 Recommended Action: Approve the minutes. B.Woodburn City Council Executive Session minutes of October 8, 34 2012 Recommended Action: Approve the minutes. C.Woodburn Planning Commission minutes of September 27, 201235 Recommended Action: Acceptthe minutes. D.Woodburn Recreation and Park Board minutes of October 10, 40 2012 Recommended Action: Accept the minutes. E.Woodburn LibraryBoard minutes of October 10, 201243 Recommended Action:Accept the minutes. F.Crime Statsthrough September 201245 Recommended Action: Receive the report. 9.TABLED BUSINESS None. 10.PUBLIC HEARINGS October 22, 2012Council Agenda Page ii None. –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. None. – 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 MOC 2012-01, located at The 49 Links at Tukwila Phases IV and V Recommended Action: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. 13.CITY ADMINISTRATOR’S REPORT 14.MAYOR AND COUNCIL REPORTS 15.EXECUTIVE SESSION 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). (Pursuant to ORS 192.660 (4), representatives of the news media shall be allowed to attend executive sessions other than those executive sessions held under ORS 192.660 (2)(d) relating to labor negotiations.) 16.ADJOURNMENT October 22, 2012Council Agenda Page iii Agenda Item October 22, 2012 To: Mayor and City Council Members From:Jim Hendryx, Economic and Development Services Director Subject:Woodburn Development Ordinance Update RECOMMENDATION: No action necessary BACKGROUND: At the direction of the City Council, staff has been worked with two focus committees (the Sign FocusGroup & the Woodburn Development Ordinance Focus Group) andthe Planning Commission on updating the Woodburn Development Ordinance (WDO). The WDO is the City’s land use ordinance, originally adopted in 2005 and modeled after the City of Salem’s ordinance. The original version included several hundred pages of text, which was difficult to understand and administer. In 2010, the Sign Focus Committee completed its work on the sign provisions (Section 3.10) of the WDOand the City Council adopted amendments which clarified the text, met business and community needs, and updated the standards to reflect changing technology and advertising methods. Subsequently, Council requested that amortization, or aphasing out ofnon- conforming signsbe considered, a provision which was not included with the original sign amendments. Council concurred to have non-conforming sign amortization included with the overall WDO rewrite, which is now under consideration. In 2011,the WDO Focus Committee recommended that the Planning Commission consider a series of amendments updating the administrative and procedural sections of the ordinance. The City Council adopted the revisions which went into effectat the end of the calendar year. The resulting amendments significantly modified and streamlined procedures. Agenda Item Review:City Administrator ___x___City Attorney __x___Finance __x___ 1 Honorable Mayor and City Council October 22, 2012 Page 2 Over the course of the last year, the WDO Focus Committee has continued to meet and review the final two sections (2 & 3) of the ordinance. Section2, which the Planning Commission is reviewing, includes land use zoning, specific use and development guidelines and standards. The Focus Committee is finalizing their review of Section 3, whichincludes street standards, parking, design standards, etc. Provisions for non-conforming sign amortization (Section 3.110) will be included in the text revisions. Once complete, Section 3 will proceed to the Planning Commission for additional workshop review. : DISCUSSION As with any land use ordinance, the WDO is complicated and modifications need careful consideration. The Planning Commission continues to hold monthly workshop meetings on ordinance, and once that is completed, a series of public hearings will be scheduled. Simplifying and clarifying theintent of the ordinanceis key to the WDO rewrite. With Planning Commission input, theLand Use Zoning section of the ordinance hasundergone significant reformatting (see attached). Keep in mind that these are drafts, and have yet to go through public hearings and receive final Council approval. Land use tables, which consolidate uses and standards, have been draftedfor the Residential, Commercial and Industrial zones.The new format eliminates use of the North American Industrial Classification System (NAICS) system. Terminology is standardized and simplified,with similaruses grouped together. Users of the new text will beable to better understand whereparticular land usesare allowed or not allowed. : FINANCIAL IMPACT Not applicable 2 2.102 Residential Zones A.The City of Woodburn is divided into the following residential zones: 1.The Residential Single Family (RS) zone is intended to establish standard density single-family residential developments (typically 6,000 square foot lots.) 2.The Nodal Single Family Residential (RSN) zone provides for row houses (attached single-family homes) and detached single-family homes on smaller lots (typically 4,000 square foot lots.) 3.The Retirement Community Single Family Residential (R1S) zone provides small lot residential development for seniors, allowing single-family homes on lots as small as 3,600 square feet. 4.The Medium Density Residential (RM) zone provides for multifamilydwellings and care facilities at up to 16 dwelling units per net acre. 5.The Nodal Multi-Family Residential (RMN) zone provides for row houses, multifamily dwellings and care facilities at higher densities than non-nodal zones. B.Approval Types (Table 2.102A) 1.Permitted Uses (P) are allowed outright, subject to the general development standards of this Ordinance. 2.Special Permitted Uses (S) are allowed outright, subject to the general development standards and the special development standards of Section 2.203. 3.Conditional Uses (CU) may be allowed, subject to the general development standards of this Ordinance and conditions of Conditional Use approval. 4.Specific Conditional Uses (SCU) may be allowed, subject to the general development standards of this Ordinance, the specific standards of Section 2.204, and conditions of Conditional Use approval. 5.Accessory Uses (A) are allowed outright, subject to the general standards of this Ordinance. Uses Allowed in Residential Zones Table 2.102A Use Accessory Uses (A) Conditional Uses (CU) Permitted Uses (P) RSRSNR1SRMRMN Special Permitted Uses (S) Specific Conditional Uses (SCU) ADwellings 1Single-family detached dwellingsbuilt on sitePPPPP 2Small lot single-family detached dwellingsbuilt on siteP Page 1 of 129-25-2012 3 Uses Allowed in Residential Zones Table 2.102A Use Accessory Uses (A) Conditional Uses (CU) Permitted Uses (P) RSRSNR1SRMRMN Special Permitted Uses (S) Specific Conditional Uses (SCU) 3Manufactured home on a lotSSSSS 4Duplex dwellingSSPP 5Multiple family dwelling PP 6Attached single family dwelling (row houses)PP BNonresidential Uses 1Child Care Facility for 12 or fewer children PPPPP 2Child Care Facility for 13 or more children,within a CUP non-residential building. 3Elementary, middle and high schoolsCUCUCUCUCU 4Golf driving rangein conjunction with a golf courseCUCUCUCUCU 5Government and public utility buildings and structuresCUCUCUCUCU 6Group Care Facility for 6 or more personsPP 7Group Homefor 5 or fewer personsPPPPP 8Historically or architecturally significant siteSCUSCUSCUSCUSCU 9House of worshipSSSSS 10Manufactured dwelling parkSS 11Nursing HomePP Off-street parking to servea non-residential use allowed 12CUCUCUCUCU in thiszone 13Parks, play grounds and associated activitiesPPPPP 14Rights-of-way and easements and the improvements therein for streets, water, sanitary sewer, gas, oil, P P P P P electric and communication lines and for storm water facilities and for pump stations. COther Uses 1Boat and recreational vehicle storage areaSSSSS 2Boat and recreational vehicle storage padSSSSS 3Community club buildings and facilitiesSSSSS Page 2 of 129-25-2012 4 Uses Allowed in Residential Zones Table 2.102A Use Accessory Uses (A) Conditional Uses (CU) Permitted Uses (P) RSRSNR1SRMRMN Special Permitted Uses (S) Specific Conditional Uses (SCU) 4Deck or patioAAAAA 5Delivery servicesSSSSS 6Facilities during constructionSSSSS 7Fence or freestanding wallAAAAA 8Garage (or carport in the case of a manufactured home)AAAAA 9Golf courses without a driving rangeSSSSS 10Greenhouse or hobby shopAAAAA 11Home occupationSSSSS 12Personal storage structureAAAAA 13Private recreational facilities, including swimming pool, A A A A A hot tub, sauna, and game courts 14Residential sales officeSSSSS 15Temporary residential sales: a.Produce and plant materials grown on the property S S S S S b.Estate, garage and yard sales c.Crafts and other hobby items C.Development Standards (Tables 2.102B-F) Residential Single-Family (RS)-Site Development Standards Table 2.102B Interior,flag or cul-de-sac lot6,000 Lot Area, Minimum (square Single-family8,000 Corner lot feet) Duplex10,000 Interior,flag or cul-de-sac lot50 Lot Width, Minimum (feet) Corner lot80 Interior,flag or cul-de-sac lot90 Lot Depth, Average (feet) Corner lot90 Street FrontageInterior or cul-de-saclot40 Page 3 of 129-25-2012 5 Residential Single-Family (RS)-Site Development Standards Table 2.102B Minimum (feet)Single-family40 Corner lot Duplex50 Flag lot See note 1 Front Setback and Setback Abutting a Street, Minimum (feet)20 2, 3,4 3 Primary structure5 Side Setback, Minimum (feet) Accessory structureSame as primary structure 16 or less24 5 Building Primary more than 16 and Rear Setback, 5 height 30 structureless than 28 Average (feet) (feet) 28 or more36 5 Accessory structure2 Setback to a private access easement, Minimum (feet)5 Primary building height16feet or less40 Lot Coverage, Maximum Primary building height greater than 16feet35 (percent) Accessory structure25 of rear yard 6 Outside Gateway subarea35 Primary structure Gateway subarea40 Building Height, Maximum (feet) Features not used for habitation70 Accessory structure15 1.The driveway access easement or strip of land per Table 3.104A 2.Measured from the Special Setback (Section 3.103.04), if any 3.Except for flag lots under the option that all setbacks are 12 feet 4.Infill lots between developed lots: average of abutting residential buildings, plus or minus 5 feet, but not less than 10 feet 5.With a maximum deviation of 5 feet from the setback standard 6.Accessory structures included in the total lot coverage –rear yard coverage is a separate and additional standard Page 4 of 129-25-2012 6 Nodal Residential Single-Family (RSN) -Site Development Standards Table 2.102C 1 Interior or cul-de-saclot6,000 Lot Area, Standard lot Single-family8,000 Corner lot Minimum Duplex10,000 (square Interior or cul-de-saclot4,000 1 feet) Small lot Corner lot5,000 Interior or cul-de-saclot50 Lot Standard lot Corner lot80 Width, Minimum Interior or cul-de-saclot45 Small lot (feet) Corner lot60 Lot Standard lot90 Depth, Average Small lot80 (feet) Interior or cul-de-saclot40 Standard lot Single-family40 Street Corner lot Duplex50 Frontage, Minimum Interior lot40 (feet) Small lotCorner lot50 Cul-de-saclot30 2,3 Front Setback and Setback Abutting a Street, Minimum (feet)20 Front Porch Setback, Maximum (feet)15 Side Setback, Minimum (feet)5 4 Primary structure20 Rear Setback, Average (feet) Accessory structure2 Setback to a private access easement, Minimum (feet)5 Primary building height 16feet or less40 Lot Coverage, Primary building height more than 16feet35 Maximum (percent) Accessory structure25 of rear yard 5 Primary structure35 Building Height, Features not used for habitation70 Maximum (feet) Accessory structure15 Page 5 of 129-25-2012 7 Nodal Residential Single-Family (RSN) -Site Development Standards Table 2.102C 1.Flag lots not allowed in the RSN zone 2.Measured from the Special Setback (Section 3.103.04), if any 3.Infill lots between developed lots: average of abutting residential buildings, plus or minus 5 feet, but not less than 10 feet 4.With a maximum deviation of 5 feet from the setback standard 5.Accessory structures are included intotal lot coverage –the rear yard coverage is a separate and additional standard Page 6 of 129-25-2012 8 Retirement Community Single-Family Residential (R1S)-Site Development Standards Table 2.102D Lot Area, Minimum (square feet)3,600 Lot Width, Minimum (feet)50 Lot Depth, Average (feet)No minimum Interior or corner lot50 Street Frontage, Minimum (feet)Flag lot See note 1 Cul-de-saclot40 Front Setback and Setback Abutting a Street, Minimum (feet)20 2 Primary structure5 Side Setback, Minimum (feet) 3 Accessory structure5 Primary structure5 Rear Setback, Minimum (feet) Accessory structure2 Setback to a Private Access Easement5 Primary building height 14 feet or less40 Lot Coverage, Maximum Primary building height more than 14 feet35 (percent) Accessory structure25 of rear yard 4 Primary structure35 Building Height,Maximum Features not used for habitation70 (feet) Accessory structure15 1.The driveway access easement or strip of land per Table 3.104A. 2.Measured from the Special Setback (Section 3.103.04), if any. 3.Threefeet if located in the rear yard. 4.Accessory structures are included in the totallot coverage –the rear yard coverage is a separate and additional standard. Page 7 of 129-25-2012 9 Medium Density Residential (RM)-Site Development Standards Table 2.102E Interior,flag or cul-de-sac 6,000 lot Single-family dwelling Lot Area, Minimum Cornerlot8,000 (square feet) Duplex8,000 Multiple-family dwellingor nonresidential useNo minimum Interior,flag or cul-de-sac lot50 Lot Width, Minimum (feet) Cornerlot80 Lot Depth, Average All lots90 (feet) Interior,corneror cul-de-saclot40 Street Frontage, Minimum (feet) Flag lot See note 1 Maximum Multiple-family dwelling16 Residential Density Group care facility or nursing home32 (units per net Manufactured dwelling park12 buildable acre) Front Setback and Setback Abutting a Street, Minimum (feet)20 2 3 Single-family or duplex5 Primary Side Setback, structure Multiple-family dwellingSame as rear Minimum (feet) Accessory structureSame as primary 3, 4 16 or less24 Single-Building more than 16 and less than 3, 4 family or height 30 28 duplex (feet) 28 or more36 3, 4 Multiple-family dwelling abutting DDC, NNC, or CG 10 zone Rear Setback, Multiple-family dwelling abutting IP, SWIR, or IL Minimum (feet) 15 zone 16 or less24 Multiple-Building more than 16 and less than family height 30 28 5 dwelling(feet) 28 or more36 Accessory Structure2 Setback to a Private Access Easement, Minimum (feet)5 Primary building height16feet or less40 Single- family or Lot Coverage, Primary building height more than16 35 duplex Maximum (percent) feet or less Multiple-family dwellingor nonresidential useNot specified 6 Page 8 of 129-25-2012 10 Medium Density Residential (RM)-Site Development Standards Table 2.102E Primary structure35 Building Height, Features not used for habitation70 Maximum (feet) Accessory structure15 1.The driveway access easement or strip of land per Table 3.104A;measured from the Special Setback (Section 3.103.04), if any 2.Except for flag lots under the option that all setbacks are 12 feet 3.Average setback, a maximum deviation of 5feet from the setback standard 4.Abutting RS, R1S, RM, P/SP, or CO zone, or an existing single-family, duplex, or multiple- family dwelling 5.The maximum lot coverage is determined by setbacks, off-street parking, and landscaping requirements Page 9 of 129-25-2012 11 Nodal Medium Density Residential (RMN) -Site Development Standards Table 2.102F Interior or cul-de-sac lot4,000 1 Single-family or manufactured dwelling Corner lot5,000 Lot Area, 1 Interior lot3,000 Row houses with alley Minimum access Corner or cul-de-sac lot3,600 (square feet) 1 Duplex8,000 Multiple-family dwelling, group home or nursing home87,120 1 Interior or cul-de-sac Lot45 Single-familydwelling or manufactured dwelling Corner lot 60 Lot Width, Interior lot28 Row houses with alley Minimum (feet) access Corner or cul-de-sac lot40 Duplex80 Multiple-family dwelling, group home or nursing home200 Single-familydwelling,manufactured dwelling,or row 80 houses with alley access Lot Depth, Average (feet)Duplex90 Multiple-family dwelling, group home or nursing home200 Interior lot40 Single-family, manufactureddwelling,Corner lot50 multiple-family dwelling Cul-de-saclot30 Street Frontage, Interior lot28 Row houses with alley Minimum (feet) access Corner or cul-de-sac lot40 Duplex80 Group home or nursing home200 Maximum Multiple-family dwelling24 Residential Group home or nursing home32 Density (units per net Manufactured dwelling park12 buildable acre) Single-family or manufactured dwelling20 2 2 Abutting an arterial street20 Front Setback Row houses 2 and Setback Not abutting an arterial street10 Abutting a Abutting commercial or industrial Duplex, 2 20 Street, zone, or collector or arterial street multiple-family Minimum (feet) dwelling Not abutting commercial or industrial 2 10 nonresidential zone, or collector or arterial street Page 10of 129-25-2012 12 Nodal Medium Density Residential (RMN) -Site Development Standards Table 2.102F Use10 plus 5 for each Abutting an RS zone 2 story over 1 Row housesTo front porch15 Front Setback and Setback Abutting commercial or industrial No maximum Duplex or Abutting a zone, or collector or arterial street multiple-family Street, Not abutting commercial or industrial dwelling 15 Maximum (feet) zone, or collector or arterial street Single-family or duplex5 Corner lot15 Row houses All other lotsNo minimum Abutting RS, 16 or less24 RM, or P/SP more than 16 30 zone, or an and less than 28 Building Side Setback, existing single- height Multiple- Minimum (feet)family, duplex, (feet) family or multiple- 28 or more 36 dwelling family dwelling Abutting NNC, or CG zone10 Abutting SWIR zone15 Accessory structureSame as primary 16 or less24 3 Single- Building more than 16 and less than 3 family or 30 height (feet)28 duplex Rear Setback, 28 or more36 3 Minimum (feet) Row houses20 Multiple-family dwellingSame as side Accessory structure2 Setback to a private access easement, Minimum (feet)5 Primary building height 16 feet or less40 Single-family Lot Coverage, dwelling or Primary building height more than16 Maximum 35 duplex feet or less (percent) 4 Multiple-family dwellingor nonresidential useNotspecified Primary structure45 Building Height,Features not used for habitation70 Maximum (feet) Accessory structure15 Page 11of 129-25-2012 13 Nodal Medium Density Residential (RMN) -Site Development Standards Table 2.102F 1.Flag lotsnot allowed in the RMN zone 2.Measured from the Special Setback (Section 3.103.04), if any 3.Average setback, with a maximum deviation of 5 feet from the setback standard 4.The maximum lot coveragedetermined by setbacks, off-street parking, and landscaping requirements 5.Nominimum lot area, width and depth for nonresidential uses Page 12of 129-25-2012 14 2.103 Commercial Zones A.The City of Woodburn is divided into the following commercial zones: 1.The Downtown Development and Conservation (DDC) zone, which is the community’s retail core, providing for unique retail and convenient shopping; 2.The CommercialGeneral (CG) zone, which is the community’s primary commercial area, providing for businesses requiring extensive outdoor storage and display of merchandise, equipment, or inventory; 3.The Commercial Office (CO) zone, which is intended primarily for office-type development, with limited retail activity; 4.The Neighborhood Nodal Commercial (NNC) zone, which is intended to meet the shopping needs of nearby residents in a compact commercial setting. B.Approval Types (Table 2.103A) 1.Accessory Uses (A) are allowed outright, subject to the general standards of this Ordinance. 2.Conditional Uses (CU) may be allowed, subject to the general development standards of this Ordinance and conditions of Conditional Use approval. 3.Permitted Uses (P) are allowed outright, subject to the general development standards of this Ordinance. 4.Special Permitted Uses (S) are allowed outright, subject to the general development standards and the special development standards of Section 2.203. 5.Specific Conditional Uses (SCU) may be allowed, subject to the general development standards of this Ordinance, the specific standards of Section 2.204, and conditions of Conditional Use approval. Uses Allowed in Commercial Zones TABLE 2.103A Use Accessory Uses (A) Conditional Uses (CU) Permitted Uses (P) Special Permitted Uses (S) DDCCGCONNC Specific Conditional Uses (SCU) Residential 42,57 Attached single-family (row houses) dwellings PPP One dwelling unit in conjunction with a commercial use P P P P 18 9-25-2012 Page of 15 Uses Allowed in Commercial Zones TABLE 2.103A Use Accessory Uses (A) Conditional Uses (CU) Permitted Uses (P) Special Permitted Uses (S) DDCCGCONNC Specific Conditional Uses (SCU) 67 Multiple-family dwellingsPPCUP Commercial 33 Ambulance serviceCUCUCU 3 Automotive maintenance andgasoline stations including repair services CUCU Bakeries, delicatessens,grocery and conveniencestoresPPP Bowling, skating, movie and performing arts theatersPP 999 Building material andgarden equipment PPP Business servicesPPP Computer, commercial, electric motor, precision equipment, industrial and home 818 PPP goods repair. Contractors: a.Flooring and roofing b.Equipment and machinery 88 PP c.Glass and glazing d.Masonry, drywall, insulation and tile contractors e.Other types of contractors 28 9-25-2012 Page of 16 Uses Allowed in Commercial Zones TABLE 2.103A Use Accessory Uses (A) Conditional Uses (CU) Permitted Uses (P) Special Permitted Uses (S) DDCCGCONNC Specific Conditional Uses (SCU) Craft industries: a.Apparel manufacturing b.Leather manufacturing, furniture and related product manufacturing, S S S including cabinets c.Sporting goods manufacturing d.Doll, toy and game manufacturing Delivery servicesSSSS Dry cleaning, laundry and self-service laundry service PPP Fitness andrecreational sportsPPPP Funeral homePPPP 3 Hospitals and ancillary usesCU Hotels, motels and bed and breakfastfacilitiesPPPP Office services and suppliesPPPP 1 Other amusements,including ballroomsP Restaurantsanddrinking placesPPPP Retail trade offering goods and servicesdirectly to customersPPP 1 Spectator sportsP 3 Veterinary serviceCU Wine, liquor, pawn, check cashing, payday loan and cash transfer CUP Industrial Charter bus, special needs transportation, transit system, school transportation, 3 CU limousine service and taxi service Industrial Sales: 1.Manufactured(mobile) home dealers 2.Motor vehicle and parts dealers, including new car, used car, recreational 3 vehicle, motorcycle, boat, parts and tire dealers CU 3.Truck dealers including new trucks, used trucks, parts and tire dealers 4.Tractor and farm machinery and equipment dealers 5.Farm, garden and landscaping supplies Motor freighttransportation and warehousing, including local or long-distance 1 trucking or transfer services, storage of farm products, furniture and other CU household goods, or commercial goods. 38 9-25-2012 Page of 17 Uses Allowed in Commercial Zones TABLE 2.103A Use Accessory Uses (A) Conditional Uses (CU) Permitted Uses (P) Special Permitted Uses (S) DDCCGCONNC Specific Conditional Uses (SCU) 3 Motor vehicle towingCU Parking lots and garages PPPP Printing, publishing,copying, bonding, finance, insurance,medical, data processing,social assistance,legal services,management, corporate officesandP P P P other professional services Professional servicesPP 1 Recreational vehicle parkCU Support activities for rail transportationP 3 TaxidermistCU Civic Uses Publicadministration, aquatic facilities, fire protection, government and public P P P P utility buildings and storage yards Public and private schools, housesof worship,civic and social organizationsPPPP Rights-of-way,easements and improvements for streets, water, sanitary sewer, gas, oil, electric and communication lines, as well as storm water facilities and P P P P pump stations Miscellaneous Facilities during constructionSSSS Fencesor free-standing wallsAAAA 48 9-25-2012 Page of 18 Uses Allowed in Commercial Zones TABLE 2.103A Use Accessory Uses (A) Conditional Uses (CU) Permitted Uses (P) Special Permitted Uses (S) DDCCGCONNC Specific Conditional Uses (SCU) Temporary Outdoor Marketing and Special Events: a.Arts and crafts b.Food and beverages, including mobile food services c.Seasonal sales of fireworks, Christmas trees, produce or plant materials d.Amusement rides and gamesS S S S e.Entertainment f. Any other merchandise or service which is not an accessory to a primary, not a permanent use of the property, nor marketed by employees of that permanent use 1.Not allowed in the Gateway Overlay District 2.Only allowed in the Gateway Overlay District 3.Allowed outright if not within 200 ft of residentially zoned properties 4.Net density of 12 to 16 dwelling units per acre 5.Net density of 12 to 24 dwelling units per acre 6.Multiple-family dwellings at a net density of between 12 and 32 dwelling units per acre. Multiple-family dwellings built as part of a vertical mixed-use development at a maximum net density of 32 dwelling units per acre 7.Minimum density of 19 Multiple-family dwellings, 10 duplex or row houses 8.Within building, no outdoor storage or repair 9.All outdoor storage and display enclosed by a 7’ masonry wall C.Development Standards (Tables 2.103B-E) Downtown Development and Conservation (DDC) -Site Development Standards Table 2.103B Lot Area, Minimum (square feet)No minimumstandard Lot Width, Minimum (feet)No minimum standard Lot Depth, Minimum (feet)No minimum standard Street Frontage, Minimum (feet)No minimum standard Front Setback and Setback Abutting a Street, Minimum (feet)Zero 1 58 9-25-2012 Page of 19 Downtown Development and Conservation (DDC) -Site Development Standards Table 2.103B Front Setback and Setback Abutting a Street, Maximum (feet)10 1 Side or Rear Setback, Minimum (feet)No minimum standard Setback to a private access easement, Minimum (feet)No minimum standard Lot Coverage, Maximum(feet)No minimum standard Primary or Outside Gateway subarea35 Building Height, accessory Maximum (feet) Gateway subarea40 structure 1.This is a guideline, not a standard. 2.Lot coverage is limited by setbacks, off-street parking, andlandscaping requirements. Commercial General (CG) -Site Development Standards Table 2.103C Lot Area, Minimum (square feet)No minimumstandard Lot Width, Minimum (feet)No minimum standard Lot Depth, Minimum (feet)No minimum standard Street Frontage, Minimum (feet)No minimum standard 1 Front Setback and Setback Abutting a Street, Minimum (feet)15 Abutting RS, R1S, or RM zone10 Side or Rear Setback, Alternative A5 Abutting CO, CG, DDC, Minimum (feet) NNC, P/SP, IP, SWIR, Zeroabutting a building Alternative B or IL zone wall Setback to a private access easement, Minimum (feet)5 2 Lot Coverage, MaximumNot specified Outside Gateway subarea70 Primary or accessory Western Gateway subarea50 Building Height, structure Maximum (feet) Eastern Gateway subarea40 Features not used for habitation100 1.Measured from the Special Setback (Section 3.103.10), if any 2.Lot coveragelimited by setbacks, off-street parking, and landscaping requirements 68 9-25-2012 Page of 20 Figure 2.103A Building height limits in the Gateway subarea Commercial Office (CO) -Site Development Standards Table 2.103D Nonresidential useNo minimumstandard Lot Area, Minimum (square feet) Residential usePer Table 2.102E 1 Nonresidential useNo minimum standard Lot Width, Minimum (feet) Residential usePer Table 2.102E 1 Nonresidential useNo minimum standard Lot Depth, Average (feet) Residential usePer Table 2.102E 1 Street Frontage, Any use No minimum standard Minimum (feet) Front Setback andSetback Abutting a Street, Minimum (feet)15 2 Abutting RS, R1S, RM, By-right use, 10 P/SP, or CO zone group home, or government Side or Rear Setback, Abutting DDC, NNC, CG, 15 building Minimum (feet)IP, SWIR, or IL zone Conditional use except grouphome or 1 Per Table 2.102E government building Setback to a private access easement, Minimum (feet)5 Lot Coverage, Maximum(feet)Not specified 3 78 9-25-2012 Page of 21 Commercial Office (CO) -Site Development Standards Table 2.103D Primary or accessory structure35 Building Height, Maximum (feet) Features not used for habitation70 1.Site development standards for the RM zone 2.Measuredfrom the Special Setback (Section 3.103.10), if any 3.Lot coverage is limited by setbacks, off-street parking, and landscaping requirements Nodal Neighborhood Commercial (NNC) ) -Site Development Standards Table 2.103E Lot Area, Minimum (square feet)No minimumstandard Lot Width, Minimum (feet)No minimum standard Lot Depth, Minimum (feet)No minimum standard Street Frontage, Minimum (feet)No minimum standard Front Setback and Setback Abutting a Street, Minimum (feet)Zero Front Setback and Setback Abutting a Street, Maximum (feet)10 1 Side or Rear Setback, Minimum (feet)No minimum standard Setback to a private access easement, Minimum (feet)No minimum standard Lot Coverage, Maximum(feet)Not specified 2 Building Height, Primary or accessory structure45 Maximum (feet) 1.A guideline, not a standard 2.Lot coveragelimited by setbacks, off-street parking, and landscaping requirements 88 9-25-2012 Page of 22 2.104 Industrial and Public Zones A.Division Into Zones The City of Woodburn is divided into the following Industrial and Public zones: 1.The Industrial Park (IP) zone, which is intended for light industrial activities in a park- like setting; 2.The Light Industrial (IL) zone, which is intended for industrial activities that include land-intensive activities; 3.The Southwest Industrial Reserve (SWIR), which is intended for high technology and research development activities; 4.The Public and Semi-Public (P/SP) zone, which is intended for public uses, parks, schools and cemeteries. A.Approval Types (Table 2.104A) 1.Accessory Uses (A) are allowed outright, subject to the general standards of this Ordinance. 2.Conditional Uses (CU) may be allowed, subject to the general development standards of this Ordinance and conditions of Conditional Use approval. 3.Permitted Uses (P) are allowed outright, subject to the general development standards of this Ordinance. 4.Special Permitted Uses (S) are allowed outright, subject to the general development standards and the special development standards of Section 2.203. 5.Specific Conditional Uses (SCU) may be allowed, subject to the general development standards of this Ordinance, the specific standards of Section 2.204, and conditions of Conditional Use approval. Uses Allowed in Industrial Zones TABLE 2.104A Use Accessory Uses (A) Conditional Uses (CU) Permitted Uses (P) Special Permitted Uses (S) Specific ILIPP/SPSWIR Conditional Uses (SCU) Residential One dwelling unit in conjunction with an industrial use PPPP Commercial 18 Page of 9-25-2012 23 Uses Allowed in Industrial Zones TABLE 2.104A Use Accessory Uses (A) Conditional Uses (CU) Permitted Uses (P) Special Permitted Uses (S) Specific ILIPP/SPSWIR Conditional Uses (SCU) Ambulance servicePP Automotive maintenance andgasoline stations,including repair services PP Business servicesPP Contractors: a.Flooring and roofing b.Equipment and machinery P P c.Glass and glazing d.Masonry, drywall, insulation and tile contractors e.Other types of contractors Delivery servicesSSSS Hospitals and ancillary uses PCUP Restaurants and drinking places PPP Industrial Auction houses,except livestock and poultry salesCU Automotive wrecking yardsCU Charter buses, special needs transportation, transit system, school transportation, P P limousine service and taxi service Chemical manufacturing and recyclingCUCU Commercial and industrial equipment repair, transit and ground transportationPCU Electronic and other electrical equipment and components, including manufacturing machinery, apparatus, and supplies for the generation, storage, transmission, transformation, and utilization of electrical energy;electricity distribution equipment; P P P electrical industrial apparatus; household appliances; electrical lighting and wiring equipment; radio and television receiving equipment; communications equipment; electronic components and accessories; and other electrical equipment and supplies Fabricated metal products,including fabricating ferrous and non-ferrous metal products, such as metal cans, tinware, hand tools, cutlery, general hardware, non- CUP electric heating apparatus, fabricated structural metal products, metal forgings, metal stampings, and metal and wire products Industrial and commercial machinery and computer equipment,including engines and turbines; farm and garden machinery; construction, mining, and oil field machinery; elevators and conveying equipment; hoists, cranes, monorails, trucks and tractors; P P P metalworking machinery; special industry machinery; general industrial machinery; computer and peripheral equipment and office machinery; and refrigeration and service industry machinery 28 Page of 9-25-2012 24 Uses Allowed in Industrial Zones TABLE 2.104A Use Accessory Uses (A) Conditional Uses (CU) Permitted Uses (P) Special Permitted Uses (S) Specific ILIPP/SPSWIR Conditional Uses (SCU) Industrial sales: 1.Manufacturedhome dealers 2.Motor vehicle and parts dealers, including new cars, used cars, recreational vehicles, motorcycles, boats, parts and tire dealersS S 3.Truck dealers, including new trucks, used trucks, parts and tire dealers 4.Tractor and farm machinery and equipment dealers 5.Farm, garden and landscaping supplies Manufacturing; 1.Beverage, food and tobacco 2.Furniture and related products 3.Leather and allied products P P 4.Paper limited to assembly 5.Miscellaneous manufacturing 6.Plastics and rubber 7.Textile products Motor freight transportation and warehousing, including local or long-distance trucking or transfer services, storage of farm products, furniture and other household P CUP goods, or commercial goods Non-depository credit institutions engaged in extending credit in the form of loans, P P but not engaged in deposit banking Paper manufacturingCU Parking lots and garages PP Petroleum and coal products manufacturing with all storage undergroundCU Printing, publishing, and allied industries P P P Professional services PP Stone, clay, glass, and concrete products including manufacturing flat glass, other glass products, cement, structural clay products, pottery, concrete and gypsum P P products, cut stone, abrasive and asbestos products, and other products from materials taken principally from the earth in the form of stone, clay, and sand Telecommunication facilities subject to Section 2.204.03SCUSCUSCU Wholesaletrade –durable and non durable goodsPPP Wood product manufacturingPCU Civic Uses PublicAdministration, aquatic facilities, fire protection, government and public utility P P CUP buildings and storage yards Parks, play grounds and associated activities,golf courses without a driving rangeP 38 Page of 9-25-2012 25 Uses Allowed in Industrial Zones TABLE 2.104A Use Accessory Uses (A) Conditional Uses (CU) Permitted Uses (P) Special Permitted Uses (S) Specific ILIPP/SPSWIR Conditional Uses (SCU) Trade schoolsPPCUP Golf driving range PPCU Rights-of-way,easements and improvements for streets, water, sanitary sewer, gas, oil, electric and communication lines, as well as for storm water facilities and pump P P P P stations Miscellaneous Facilities during construction SSSS Fence or free-standing wall AAAA Temporary outdoor marketing and special event: a.Arts and crafts b.Food and beverages, including mobile food services c.Seasonal sales of fireworks, Christmas trees, produce or plant materials d.Amusement rides and gamesS S S S e.Entertainment f. Any other merchandise or service which is neither accessory to a primary, permanent use of the property, nor marketed by employeesof that permanent use B.Development Standards (Tables 2.104B-F) Industrial Park (IP)-Site Development Standards Table 2.104B Lot Area, Minimum (square feet)No minimum standard Lot Width, Minimum (feet)No minimum standard Lot Depth, Minimum (feet)No minimum standard Street Frontage, Minimum (feet)No minimum standard Front Setback and Setback Abutting a Street, Minimum (feet)10 1 Abutting CO, P/SP zone or existing residential 30 unit Side or Rear Setback, Minimum Alternative A5 (feet) Abutting CG, IP or IL zone Zeroabutting a Alternative B building wall Setback to a private access easement, Minimum (feet)5 No minimum Lot coverage, Maximum 2 standard 48 Page of 9-25-2012 26 Industrial Park (IP)-Site Development Standards Table 2.104B Primary or accessory structure45 Building Height, Maximum (feet) Features not used for habitation70 1.Measured from the Special Setback (Section 3.103.10), if any 2.Lot coveragelimited by setbacks, off-street parking, and landscaping requirements Light Industrial (IL)-Site Development Standards Table 2.104C Lot Area, Minimum (square feet)No minimum standard Lot Width, Minimum (feet)No minimum Lot Depth, Minimum (feet)No minimum Street Frontage, Minimum (feet)No minimum standard 1 Front Setback and Setback Abutting a Street, Minimum (feet)10 Abutting RS, RM, CO, P/SP zone or existing 30 residential unit Side or Rear Setback, Minimum Alternative A5 Abutting CG, DDC, NNC, (feet) Zeroabutting a IP, SWIR, or IL zone Alternative B building wall Setback to a private access easement, Minimum (feet)5 Lot Coverage, MaximumNot specified 2 Primary or accessory structure70 Building height, Maximum (feet) Features not used for habitation100 1.Measured from the Special Setback (Section 3.103.10), if any 2.Lot coveragelimited by setbacks, off-street parking, and landscaping requirements Southwest Industrial Reserve (SWIR)-Site Development Standards Table 2.104D Lot Area, Minimum (square feet)See Table 2.104E Lot Width, Minimum (feet)No minimum standard Lot Depth, Minimum (feet)No minimum standard Street Frontage, Minimum (feet)No minimum standard 1 Front Setback and Setback Abutting a Street, Minimum (feet)10 Abutting RS, RM, CO, P/SP zone or existing 30 Side or Rear Setback, residentialunit Minimum (feet) Abutting CG,NNC, IL, or Alternative A5 58 Page of 9-25-2012 27 Southwest Industrial Reserve (SWIR)-Site Development Standards Table 2.104D SWIR zoneZeroabutting a Alternative B building wall Setback to a private access easement, Minimum (feet)5 Lot coverage, MaximumNot specified 2 Primary or accessorystructure45 Building height, Maximum (feet) Features not used for habitation70 1.Measured from the Special Setback (Section 3.103.10), if any 2.Lot coveragelimited by setbacks, off-street parking, and landscaping requirements Southwest Industrial Reserve (SWIR) -Lot Standards Table 2.104E Development Assessor’stax Gross BuildableRequired Lot Sizes Conceptual Lot Subarealot numberAcresAcres(Acres)Sizes (Acres) 1 A052W11003001088825-5035 10-25 15 10-25 15 5-10 8 5-10 8 2-5 4 2-53 B 2 052W140020092210-2515 5-10 7 052W140060013 C 2 052W1401200442-54 D 1, 4 052W14008005110650-10065 25-50 33 052W140090043 2-5 4 052W140100010 2-5 4 052W140110022 E 2, 3 052W130110024969696 052W140150059 052W140160025 F 1 052W2300100504625-5035 5-10 8 2-53 Total SWIR 418362 68 Page of 9-25-2012 28 Southwest Industrial Reserve (SWIR) -Lot Standards Table 2.104E Development Assessor’stax Gross BuildableRequired Lot Sizes Conceptual Lot Subarealot numberAcresAcres(Acres)Sizes (Acres) 1.Land division permitted with master plan approval 2.Land division not permitted 3.Shall be developed with a use and with at least 300 employees 4.50-100 acre lot shall be developed with a useandwith at least 200 employees Figure 2.104A Illustration of Development Subareas Public/Semi-Public (P/SP)-Site Development Standards Table 2.104F Lot Area, MinimumNo minimum standard Lot Width, MinimumNo minimum standard Lot Depth, MinimumNo minimum standard Street Frontage, MinimumNo minimum standard Front Setback and Setback Abutting a Street, Minimum (feet)20 1 78 Page of 9-25-2012 29 Public/Semi-Public (P/SP)-Site Development Standards Table 2.104F Permitted use abutting RS, R1S, RM, CO, P/SP, DDC, NNC, CG, IP, SWIR or IL zone or existing 20 residential unit Primarybuilding 16 feet or 24 Conditional or less in height Side or Rear Accessory use Primarybuilding more than Setback, abutting RS, R1S, 16 feet and less than 28 feet 30 Minimum (feet)RM, CO, P/SP in height zone or existing Primarybuilding is28 feetor residential unit 36 morein height Conditional or Accessory use abutting DDC, 20 NNC, CG, IP, SWIR or IL zone Setback to a private access easement, Minimum (feet)5 2 Lot Coverage, MaximumNot specified Primary or Outside Gateway subarea35 accessory Building height, Gateway subarea50 structure Maximum (feet) Features not used for habitationNo minimum standard 1.Measured from the Special Setback (Section 3.103.10), if any 2.Lot coveragelimited by setbacks, off-street parking, and landscaping requirements 88 Page of 9-25-2012 30 COUNCIL MEETING MINUTES OCTOBER 08, 2012 DATECOUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY 0:00 OF MARION, STATE OF OREGON, OCTOBER 08, 2012 CONVENED The meeting convened at 7:00 p.m. with Mayor Figley presiding. ROLL CALL 0:00 Mayor FigleyPresent 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,Police Captain Alexander,Police Captain Garrett, Human Resources Director Hereford, Economic and Development Director Hendryx, Acting Finance Director Shearer,Assistant Recorder Pierson COMMUNITY/GOVERNMENT REPORTS 0:00 A.Chamber of Commerce – City Administrator Derickson reminded Council that this Saturday at Wellsprings will be the 3rd Annual Auction dinner for the Chamber of Commerce conducted jointly with Woodburn Proud. B. Woodburn School District – Councilor Morris let the Council know that the Strategic Plan is coming up for review. He also noted that the portables are scheduled to be in on nd the 22 and they are looking into getting a new reader board for the high school. PRESENTATION 0:03 Public Works Director Brown provided a presentation from ODOT on the alternative route plans for the Interchange Project. City Administrator Derickson added that the City is working closely with Marion County and that the county has been supportive of efforts to find alternate routes during the Interchange Project. . CONSENT AGENDA 0:24 A.Woodburn City Council minutes of September 24, 2012 B.Woodburn Planning Commission minutes of September 13, 2012 C.Woodburn Recreation and Park Board minutes of September 18, 2012 McCallum/Cox … approve the consent agenda as presented. Motion passed unanimously. PUBLIC HEARING - RATE ADJUSTMENT FOR UNITED DISPOSAL SERVICE, 0:25 INC. Mayor Figley declared the hearing open at 7:25 pm for the purpose of hearing public input on Allied Waste’s revised rate schedule and corresponding request for a rate increase. Councilor Lonergan recused himself due to a conflict of interest. Councilors McCallum and Cox stated thatthey had some brief conversations with Allied Waste employees.City Page 1 - Council Meeting Minutes, October 08, 2012 31 COUNCIL MEETING MINUTES OCTOBER 08, 2012 Administrator Derickson provided a staff report. No members of the public wished to speak in either support or opposition of Allied Waste’s revised rate schedule and corresponding request for a rate increase.Mayor Figley declared the hearing closed at 7:41 pm. Mayor Figley stated that she can support this proposal. Councilor McCallum stated that he understands these are hard times and that people hate to see an increase in anything, but we have to maintain services and encourage a successful business and that he is in favor of this proposal. Councilor Pugh and Councilor Cox concurred. Councilor Schmidt stated that due to the economy and the 6-1/2% rate of return they will begetting, he is opposed to this increase.Councilor Morris stated that he is not thrilled with the increase but feels if we give them a small increase now, it would stop a bigger increase later on down the road. COUNCIL BILL NO. 2908 - A RESOLUTION GRANTING UNITED DISPOSAL 0:49 SERVICE, INC. AN ADJUSTED RATE SCHEDULE FOR PROVIDING SOLID WASTE SERVICE WITHINTHE CITY OF WOODBURNAND REPEALING RESOLUTION 1973.McCallum introduced Council Bill 2908. Assistant Recorder Pierson read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed 4-1 with Councilor Schmidt voting no and Councilor Lonergan recusing himself.Mayor Figleydeclared Council Bill No. 2908 duly passed. COUNCIL BILL NO. 2909 - A RESOLUTION GRANTING THE APPLICATION IN 0:50 CASE NUMBERS SUB 2012-01, VAR 2012-02, AND EXCP 2012-01, ADOPTING FINDINGS AND CONCLUSIONS, AND AND IMPOSING CONDITIONSMcCallum introduced Council Bill No. 2909. Assistant Recorder Pierson read the bill by title only since there were no objections from the Council. Councilor Cox stated that he voted no on this before and believes this is a bad decision. Councilor McCallum concurred. Councilor Schmidt stated that he feels this is the best use of the property. On roll call vote for final passage, the bill passed 4-1 with Councilor Cox voting no and Councilor Pugh abstaining. Mayor Figleydeclared Council Bill No. 2909 duly passed. COUNCIL BILL NO. 2910 - A RESOLUTION AUTHORIZING THE 0:54 ESTABLISHMENT OF A HEALTH REIMBURSEMENT ARRANGEMENT/VOLUNTARY EMPLOYEES’ BENEFICIARY ASSOCIATION (“HRA VEBA”) PLAN McCallum introduced Council Bill 2910. Assistant Recorder Pierson read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figleydeclared Council Bill No. 2910 duly passed. VALLEY DEVELOPMENT INITIATIVES SUB-GRANT AGREEMENT 0:57 Lonergan/Cox… Authorize the City Administrator to sign an Intergovernmental Agreement (IGA) with the Mid-Willamette Valley Council of Governments (COG), to administer the 2012 Community Development Block Grant (CDBG) for low-income housing rehabilitation. The motion passed unanimously. Page 2 - Council Meeting Minutes, October 08, 2012 32 COUNCIL MEETING MINUTES OCTOBER 08, 2012 DIRECTOR’S APPROVAL OF DESIGN REVIEW 2012-01, LOCATED AT 2175 N. 0:57 PACIFIC HIGHWAY Council declined to call this item up for review. PLANNING COMMISSION APPROVAL OF VAR 2012-04, LOCATED AT 1542 MT. HOOD AVENUE Council declined to call this item up for review. CITY ADMINISTRATOR’S REPORT 0:59 . The City Administrator had nothing to report MAYOR AND COUNCIL REPORTS 1:00 No one wished to make a report. EXECUTIVE SESSION 1:00 Mayor Figley entertained a motion to adjourn into executive session under the authority of Pugh/Lonergan ORS 192.660(2)(d). …. to move into executive session. The Council adjourned to executive session at 8:00 pm and reconvened at 8:58 pm. Mayor Figley stated that no action was taken by the Council while in executive session. ADJOURNMENT 2:00 Pugh/Morris … meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:00 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Heather Pierson,Assistant CityRecorder City of Woodburn, Oregon Page 3 - Council Meeting Minutes, October 08, 2012 33 EXECUTIVE SESSION COUNCIL MEETING MINUTES OCTOBER 08, 2012 DATE.CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON,OCTOBER 08, 2012. CONVENED. The Council met in executive session at 8:00 p.m. with Mayor Figley presiding. ROLL CALL. Mayor FigleyPresent Councilor Cox Present Councilor Lonergan Present Councilor McCallumPresent Councilor MorrisPresent Councilor Pugh Present Councilor Schmidt Present Staff Present: City Administrator Derickson, City Attorney Shields, Acting Finance Director Shearer, Human Resources Director Hereford, Police Captain Alexander, Assistant City Recorder Pierson Media Present: None. Mayor Figley reminded the Councilors, media and staff that information discussed in executive session is not to be discussed with the public. The executive session was called to: To conduct deliberations with persons designated by the governing body to carry on labor negotiations pursuant to ORS 192.660(2)(d). (Pursuant to ORS 192.660 (4), representatives of the news media shall be allowed to attend executive sessions other than those executive sessions held under ORS 192.660 (2)(d) relating to labor negotiations.) ADJOURNMENT. The executive session adjourned at 8:58 p.m. APPROVED_______________________________ KATHRYN FIGLEY, MAYOR ATTEST_______________________________ Heather Pierson,Assistant CityRecorder City of Woodburn, Oregon Page1 – Executive Session, Council Meeting Minutes, October 08, 2012 34 35 36 37 38 39 CityofWoodburn CityofWoodburn RecreationandParkBoardMinutes RecreationandParkBoardMinutes October 10, 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) Absent Position IV Rosetta Wangerin, Board Chair (12/13) Present Position V Bruce Thomas, Member (12/13) Present Position VI Ardis Knauf (12/12) Present Position VII Tony Waite (12/12) Absent 3.APPROVAL OF MINUTES Ardis Knauf/ Brent Glogau- Motion to approve the September 18, 2012 minutesas amended. The motion passed unanimously. 4.BUSINESS FROM AUDIENCE Frank Scheer spoke about the City’s historic 1785 steam locomotive and his efforts to restore it over the years. He indicated that Union Pacific Railroad will soon be taking down a 1920’s era signal arm currently located near the Salem Amtrak station. He is attempting arrange the resources necessary to help UP take down the signal arm so that the City can take possession of it. While, it appears that M&M Towing has agreed to transport the arm, other services, such as the use of a crane, would be necessary to complete the project. Ultimately, Frank would like to restore the signal arm so that it can be displayed at Locomotive Park. In the meantime, the City has agreed to provide storage space for it. He asked for the Board’s support of his efforts to obtain possession of the signal arm. The Board asked Frank to determine what the costs for the project would be, and to work with Jim Row to determine whether the City would be in a position to assist in any way. 5.OLD BUSINESS 6.NEW BUSINESS Legion Park Playground Project Jim discussed the upcoming Legion Park play area project. Following the September Park Board meeting, Jim had the opportunity to meet with David Ellingson, Woodburn High School science teacher, to discuss his potential involvement. Mr. Ellingson was excited about the project and agreed to help with interpretive signage and other possibly other components. Jim also discussed plans to work with the two Kiwanis Clubs to construct benches made from logs for the site. The Board also discussed future plans for Legion Park, including the need for pedestrian trails. Page 1of 3 40 CityofWoodburn CityofWoodburn RecreationandParkBoardMinutes RecreationandParkBoardMinutes October 10, 20125:30p.m. 7.DIVISION REPORTS Aquatics – Jim Row In Kristin’s absence, Jim informed the Board of the “Spooky Splash” event, which will take place from 5:00-7:00pm on Saturday October 27. The event is generously sponsored by the Wooden Shoe Tulip Farm. Guests can pick their pumpkin from the floating patch in the pool while experiencing the colorful glow of underwater lights and fall related festivities. Cost for the event is regular general admission plus $2.00 per pumpkin. Recreation – Stu Spence Stu updated the Board on the following items: Youth Sports - Youth Soccer is going strong and pee wee basketball is up next. Adult Sports - 14 teams playing Fall Men’s League – 17 last year. ASC Day Camps - This year, the City partnered with the School District and the Woodburn Foursquare Church to offer No School Day Camps. Several dates are being offered this year during school conferences, furlough days, and other non- school days. YAB - Weeded some flower beds on Front Street last week and are looking forward to doing more on Friday. The kids were and are really excited about helping make downtown look better. st Trick Or Treating - October 31 is not only Halloween, but also the date of this year’s Downtown Trick or Treating event at the Plaza. Games and crafts for kids from 3 – 5pm, then we send them off to trick or treat the downtown businesses. ASC - 317 enrolled – 3 less than last year at this time. This is significant because prices increased to $350 per year from $300 last year (if paid in full) or $95 per quarter ($380) from $100 per trimester ($300) last year. Program Classes - Currently planning to expand program offerings to adults and families. Working on instructor recruitment and using the Library space upstairs for many of them. Some examples we are working on include adult dance classes, dog obedience, and OSU Extension Services programs. More to come. Sponsorships - Staff is currently developing sponsorship packages for a variety of program areas including the wildly successful Woodburn Summer Nights. These additional opportunities will include, but are not limited to scholarship fund, youth and adult sports programs, active adult trips, and community events. Page 2of 3 41 CityofWoodburn CityofWoodburn RecreationandParkBoardMinutes RecreationandParkBoardMinutes October 10, 20125:30p.m. Parks and Facilities – Jim Row Jim informed the Board that the Greenway Trail culvert crossing was completed today. This add-on project now connects Hermanson Street to the gravel trail to the immediate north of Hermanson Pond. 8.FUTURE BOARD BUSINESS The next meeting will be on November 13, 2012. At that meeting, Dan Brown will present information about a WyffelsPark Restoration Project he is working on with Pacific University and the STEM program at Woodburn High School. The Board would also like to discuss the potential Wyffels Trail project, as well any other potential trail to school connections that might be possible. At the December 11 meeting, the Board will discuss the Aquatic Center Expansion project that was proposed in the 2008 Community Centers Feasibility Study. 9.BOARD COMMENTS To get a sense of the Park’s usage, Bruce asked Jim if it would be possible to have weekly traffic counts performed at Centennial Park once per quarter over the next year.Jim will work with Public Works to see if this can be accomplished. Bruce discussed the poor parking lighting conditions that exist at the Aquatic Center during the winter, as well as his desire to see a more suitable parking lot constructed along Front Street. 10.ADJOURNMENT The meeting adjourned at 7:00 PM ___________________________ ________________________________ Joseph Nicoletti, Board Secretary Jim Row, Community Services Director Date_________________ Date___________________ Page 3of 3 42 43 44 45 46 47 48 Agenda Item October 22, 2012 TO:Honorable Mayor and City Council through City Administrator FROM: Jim Hendryx, Directorof Economic & Development Services SUBJECT: Planning Commission approval of MOC 2012-01, located at The Links at Tukwila Phases IV and V 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: Phases IV and V of The Links at Tukwila PUD was considered by the Planning Commission in 2004. These phases required a variance for street improvements for a secondary access road. Condition of Approval 21 required construction of a gravel emergency access road from the development to Boones Ferry Road, and a performance bond to ensure timely construction of the future street. The easement would “ripen” into a dedicated right-of-way and a road constructed to a local street standard, upon inclusion of the area in Woodburn’s Urban Growth Boundary. The applicant provided the easement, constructed the emergency access road, and posted the performance bond for the ultimate construction of the local street. Condition 21 wasintended to be a short-term solution and all parties anticipated that development would continue moving forward. Unforeseen events have altered the development environment in the 8 years since the original approval: the Urban Growth Boundary expansion was contested (and remains before the Court of Appeals), the ongoing economic recession has dramatically reduced the demand for new subdivisions, and the purchase agreement between the applicant andthe property ownerhas expired. The applicant now seeks to modify Condition of Approval 21 to: remove the requirement for the performance bond; Agenda Item Review:City Administrator __X____City Attorney ___X___Finance __X___ 49 Honorable Mayor and City Council October 22, 2012 Page 2 transfer maintenance responsibility for the emergency access road to the City; provide the City with sufficient funds to maintain the emergency access road; have the property owner provide the City with an updated access easement burdening the property owner; transfer the responsibility to construct a local street from Renaissance Development to the property owner. DISCUSSION: Condition 21 will not be modified and the bond requirement will be maintained until all conditions of the Planning Commission’s approval have been met to the satisfaction of the City Attorney. FINANCIAL IMPACT: Theapplicant will compensate the City torepair the emergency access road. Remaining funds will be sufficient to provide for the minimal ongoing maintenance anticipated to be necessary. The propertyowner is responsible for any damage to the emergency access roadfrom farming activity. Map showing The Links at Tukwila PUD phases and the emergency access road 50 The Woodburn Development Ordinance Update October 2012 Issues with the Woodburn Development Ordinance (WDO) •Difficult to understand •Difficult to administer •Circular references •Conflicting standards •Redundancies •Lots of Complaints Public participation •Council appointed two separate groups of residents and business owners to study the WDO and recommend changes •Woodburn Sign Focus Committee –Charged with reviewing and updating the City’s sign regulations •Completed December 2010 •Woodburn Development Ordinance Focus Committee –Meetings over three years •Definitions, Administration, Procedures & Application Requirements –Completed December 2011 Woodburn Development Ordinance Focus Committee •Council appointed a group of residents & business owners to study the WDO and recommend changes –Dedicated group •Jim Cox •Durrell Crays •Dave Christoff •Tom Flomer •Jim Swee’ •Kristy Olson •Ken Triplet •Gene Wellman WDO UPDATE •Sections 2.1Land Use Zoning, 2.2 Specific Use Standards –Zoning standards (Residential, Commercial, Industrial & Overlays) •Section 3.1 Development Guidelines and Standards –Street, Parking, Landscaping, Design, etc –Sign amortization WDO UPDATE •Five Residential Zones –Single Family –Nodal Single Family –Retirement Community –Medium Density –Nodal Medium Density •Four Commercial Zones –Commercial Office –Commercial General –Downtown Development –Nodal Commercial – Mixed Use Village •Three Industrial Zones –Industrial Park –Light Industrial –Southwest Industrial WDO UPDATE •Simplify the Ordinance –Text & consistency –Charts –Maps & diagrams •Eliminate conflicting standards –Does it do what community wants? –Does it make sense to regulate? •User friendly –Can user understand ? WDO UPDATE Current Zoning Text 2.102Single Family Residential (RS) 2.102.01Permitted Uses The following uses, when developed under the applicable development standards of the WDO, are permitted in the RS zone. •Site-built single family dwelling. •Group home. •Family child day care for 12 or fewer children. •Parks and playgrounds. •Rights of way, easements and the improvements therein for streets, water, sanitary sewer, gas, oil, electric and communication lines, for storm water facilities and for pump stations. 2.102.02Special Permitted Uses The following uses, when developed under the applicable development standards of the WDOincluding the special development standards of Section 2.203, are permitted in the RS zone. •Agricultural practices without livestock subject to Section 2.203.02. •Boat and recreational vehicle storage pad subject to Section 2.203.03. •Boat and recreational vehicle storage area subject to Section 2.203.04. •Community club buildings and facilities subject to Section2.203.05. WDO UPDATE Current Development Standards Building Height. •The maximum height of buildings and structures shall not exceed 35 feet, EXCEPT chimneys, spires, domes, flag poles and other features (EXCEPT Section 2.204.03 telecommunication facilities subject to ) not used for human habitation, which shall not exceed 70 feet. Setback and Buffer Improvement Standards. •1.Minimum Front Setback and Setback Abutting a Street [Section 2.102.06.D.1 as amended by Ordinance No. 2446, §7, passed on September 10, 2008.]: •a.Dimensions: 1)The minimum setback abutting a street, or front property line shall be 20 Section 3.103.05 feet plus any Special Setback, , EXCEPT: •a) For flag lot that provides a minimum setback of 12 feet in all yards; or Land Use Tables Proposed Zoning Text Uses Allowed in Residential Zones Table 2.102A Use AccessoryUses(A)ConditionalUses(CU)Permitted RS RSNR1SRMRMN Uses(P)SpecialPermittedUses(S)SpecificConditional Uses(SCU) Dwellings A Single-family detached dwellings built on sitePPPPP 1 Small lot single-family detached dwellings built on siteP 2 Manufactured home on a lotSSSSS 3 Duplex dwellingSSPP 4 Multiple family dwelling PP 5 Attached single family dwelling (row houses)PP 6 Nonresidential Uses B Child Care Facility for 12 or fewer children PPPPP 1 Child Care Facility for 13 or more children, within a non- 2 CUP residential building. Elementary, middle and high schoolsCUCUCUCUCU 3 Golf driving range in conjunction with a golf courseCUCUCUCUCU 4 Government and public utility buildings and structuresCUCUCUCUCU 5 Group Care Facility for 6 or more personsPP 6 Group Home for 5 or fewer personsPPPPP 7 SCUSCUSCUSCUSCU 8 Historically or architecturally significant site House of worshipSSSSS 9 10 Manufactured dwelling parkSS Nursing HomePP 11 Development Tables Proposed Development Standards Residential Single-Family (RS) -Site Development Standards Table 2.102B Interior, flag or cul-de-sac lot6,000 Lot Area, Minimum Single-family8,000 (square feet) Corner lot Duplex10,000 Interior, flag or cul-de-sac lot50 Lot Width, Minimum (feet) Corner lot80 Interior, flag or cul-de-sac lot90 Lot Depth, Average (feet) Corner lot90 Interior or cul-de-sac lot40 Single-family40 Street Frontage Corner lot Minimum (feet) Duplex50 Flag lot See note 1 WDO UPDATE Current Zoning Text 2.106Commercial General (CG) Retail Trade •Automotive parts (44131) without installation. •Furniture and home furnishings. (442) •Electronics and appliance stores. (443) •Building materials and garden equipment and supplies. (444) with all outdoor storage and display enclosed by a 7’ masonry wall. •Food and beverage stores. (445) •Health and personal care stores. (446) •Clothing and accessory stores. (448) •Sporting goods, hobby, book and music stores. (451) •General merchandise stores. (452) •Misc. retail (453) EXCEPT used merchandise stores (4533), other than antique shops, and EXCEPT manufactured (mobile) home dealers. (45393) Transportation & Warehousing •1.Postal service. (491) WDO UPDATE Current Development Standards Setback and Buffer Improvement Standards. 1.Minimum Front Setback and Setback Abutting a Street [Section 2.106.05.C.1 as amended by Ordinance No. 2446, §11, passed on September 10, 2008.]: a.Dimensions: •1)The minimum setback abutting a street shall be 15 feet plus any Section 3.103.05. Special Setback, •[Section 2.106.05.C.1.a.2 repealed by Ordinance No. 2383, §17, passed March 16, 2005.] b.Off Street Parking and Maneuvering: •1)Off street parking and storage shall be prohibited within a required yard or special setback EXCEPT for parking and storage adjacent to a wall. [Section 2.106.05.C.1.b.1 as amended by Ordinance No. 2383, §18, passed March 16, 2005.] Land Use Tables Proposed Zoning Text Uses Allowed in Commercial Zones TABLE 2.103A Use AccessoryUses(A)ConditionalUses(CU)PermittedUses(P) NNC DDCCGCO SpecialPermittedUses(S)SpecificConditionalUses(SCU) Residential Attached single-family (row houses) dwellings PPP 42,57 One dwelling unit in conjunction with a commercial use PPPP Multiple-family dwellingsPPCUP 67 Commercial Ambulance serviceCUCUCU 33 Automotive maintenance and gasoline stations including repair CUCU 3 services Bakeries, delicatessens, grocery and convenience storesPPP Bowling, skating, movie and performing arts theatersPP Building material and garden equipment PPP 999 Business services PPP Computer, commercial, electric motor, precision equipment, PPP 818 industrial and home goods repair. Contractors: a.Flooring and roofing b.Equipment and machinery PP 88 c.Glass and glazing d.Masonry, drywall, insulation and tile contractors e.Other types of contractors Development Tables Proposed Development Standards Downtown Development and Conservation (DDC) -Site Development Standards Table 2.103B Lot Area, Minimum (square feet)No minimum standard Lot Width, Minimum (feet)No minimum standard Lot Depth, Minimum (feet)No minimum standard Street Frontage, Minimum (feet)No minimum standard Front Setback and Setback Abutting a Street, Minimum (feet)Zero 1 Front Setback and Setback Abutting a Street, Maximum (feet)10 1 Side or Rear Setback, Minimum (feet)No minimum standard Setback to a private access easement, Minimum (feet)No minimum standard Lot Coverage, Maximum (feet)No minimum standard Outside Gateway subarea35 Primary or Building Height, accessory Maximum (feet) Gateway subarea40 structure 1.This is a guideline, not a standard. 2.Lot coverage is limited by setbacks, off-street parking, and landscaping requirements. WDO UPDATE Current Zoning Text 2.109Industrial Park (IP) 2.109.01Permitted Uses •The following uses, when developed under the applicable development standards of the WDO, are permitted in the IP zone. •Construction •Building, developing and general contracting. (233) •Heavy construction. (234) •Special trade contractors. (235) •Manufacturing –Food manufacturing. (311) –Beverage and tobacco product manufacturing. (312) –Textile product mills. (314) –Apparel manufacturing. (315) –Leather and allied products manufacturing. (316) –Paper manufacturing (317) limited to assembly. –Printing and related support activities. (318) –Plastics and rubber product manufacturing. (326) –Fabricated metal products manufacturing. (332) WDO UPDATE Current Development Standards TABLE 2.1.15Lot Standards in an IP Zone •In an IP zone the lot area for a non-residential use shall be adequate to contain all structures within the required setbacks. There shall be no minimum width or depth. •Building Height. •The maximum height of buildings shall not exceed 45 feet, EXCEPT chimneys, spires, domes, flag poles and other features not used for human habitation (but EXCEPT telecommunication facilities), shall not exceed 70 feet. •Setback and Buffer Improvement Standards. –Minimum Front Setback and Setback Abutting a Street [Section 2.109.06.C.1 as amended by Ordinance No. 2446, §12, passed on September 10, 2008.]: •Dimensions: •The minimum setback abutting a street shall be 10 feet plus any Special Section 3.103.05. Setback, Land Use Table Proposed Zoning Text Uses Allowed in Industrial Zones TABLE 2.104A Use AccessoryUses(A)ConditionalUses(CU)PermittedUses(P)Special ILIPP/SPSWIR PermittedUses(S)SpecificConditionalUses(SCU) Residential One dwelling unit in conjunction with an industrial use PPPP Commercial Ambulance servicePP Automotive maintenance and gasoline stations, including repair PP services Business servicesPP Contractors: a.Flooring and roofing b.Equipment and machinery PP c.Glass and glazing d.Masonry, drywall, insulation and tile contractors e.Other types of contractors Delivery servicesSSSS Hospitals and ancillary uses PCUP Restaurants and drinking places PPP Industrial Auction houses, except livestock and poultry salesCU Automotive wrecking yardsCU Development Table Proposed Development Standards Industrial Park (IP) -Site Development Standards Table 2.104B No minimum Lot Area, Minimum (square feet) standard No minimum Lot Width, Minimum (feet) standard No minimum Lot Depth, Minimum (feet) standard No minimum Street Frontage, Minimum (feet) standard Front Setback and Setback Abutting a Street, Minimum (feet)10 1 Abutting CO, P/SP zone or existing 30 residential unit Side or Rear Setback, Alternative A5 Minimum (feet) Abutting CG, IP or Zero abutting a IL zone Alternative B building wall Setback to a private access easement, Minimum (feet)5 No minimum Lot coverage, Maximum standard 2 Primary or accessory structure45 Building Height, Maximum (feet) Features not used for habitation70 1.Measured from the Special Setback (Section 3.103.10), if any 2.Lot coverage limited by setbacks, off-street parking, and landscaping requirements WDO -Next Steps •Planning Commission workshops •Schedule dependent upon Planning Commission •Chamber of Commerce outreach –Open house •Measure 56 notice (entire city & DLCD) •Public hearings (scheduled for consecutive meetings) –Planning Commission –City Council Questions