Agenda 6/23/14
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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:
A.In observance of Independence Day, City Hall offices, the
Library,the Aquatic Centerand Transit servicewill be closed
Friday, July 4, 2014.
B.Please join us as we celebrate Independence Day at
Centennial Park on July 4 from 6:00 –11:00 PM. The annual
celebration will include a variety of vendors, food, kids games,
local dance group performances and activities, live
entertainment, and fireworks at 10:00 PM.
C.French Prairie Kiwanis invites everyone to their Annual Fourth of
July Breakfast from 6:00 -10:30 AM at Legion Park. They will be
serving all you can eat pancakes, ham, eggs, juice, coffee and
milk at a cost of $6.00 for adults and $4.00 for children.
D.The library’s operating schedule will increase by six hours per
week, beginning July 1. The new schedule of open hours will be
Monday-Thursday 10:00 AM –7:00 PM, Friday 10:00 AM –5:0 PM,
and Saturday and Sunday 1:00 –5:00 PM.
Appointments:
None.
4.COMMUNITY/GOVERNMENT ORGANIZATIONS
A.Chamber of Commerce
This facility is ADA accessible. If you need special accommodation, please contact the City Recorder at
503-980-6318at least 24 hours prior to this meeting.
**Habrá intérpretes disponibles para aquéllas personas que no hablan Inglés, previo acuerdo.
Comuníquese al (503) 980-2485.**
June 23, 2014Council Agenda Page i
5.PROCLAMATIONS/PRESENTATIONS
Proclamations:
A.Relay for LIfe1
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.
–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 aCouncil member.
A.Woodburn City Council minutes of June 9, 20142
Recommended Action: Approve the minutes.
B.Woodburn City Council Executive Session minutes of June 9, 6
2014
Recommended Action: Approve the minutes.
C.Woodburn Public Art Mural Committee minutes of May 19, 20147
Recommended Action: Accept the minutes.
D.Appointment of Finance Director11
Recommended Action:Approve the appointment.
E.Crime Statistics through May 201412
Recommended Action:Receive the report.
9.TABLED BUSINESS
None.
10.PUBLIC HEARINGS
A.Update of the Woodburn Development Ordinance (Planned Unit 17
Developments), Legislative Amendment 2013-01
Recommended Action:Hold a public hearing on the proposed
revision. Adopt Legislative Amendment 2013-01 and instruct
staff to prepare an Ordinance to enact the Council’s decision.
June 23, 2014Council Agenda Page ii
Alternatively, continue the public hearing to a date certain and
instruct staff to return with further revisions.
B.Rate Adjustment for United Disposal Service, Inc.43
Recommended Action:It is recommended the City Council
conduct a public hearing pursuant to Woodburn Ordinance
2460 (Solid Waste Management Ordinance) to examine and
consider the revised rate schedule and corresponding request
for a rate increase proposed by United Disposal Service, Inc.
dba Republic Services of Marion County-Woodburn (Republic
Services). Staff has prepared a proposed resolution (see
Attachment A) authorizing a 4% rate increase for Republic
Services, effective July 1, 2014.
–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. 2960-An Ordinance Granting Zone Change 97
2014-01 on the Property Located at 777 Arney Road in Order to
Remove a Special OperatingCondition and Granting
Applications for Design Review 2014-01, Partition 2014-02 and
Property Line Adjustment 2014-01 as Previously Approved by the
Woodburn Planning Commission
Recommended Action:Adopt the attached ordinance.
B.Council Bill No.2961–A Resolution Approving an Adjusted Rate 138
Schedule for Providing SolidWaste Service within the City of
Woodburn and Repealing Resolution 2019
Recommended Action:Adopt the resolution.
C.Council Bill No.2962-A Resolution Adopting the Woodburn 145
Transit System Title VI Program
Recommended Action:It is recommended that the City
Council adopt via resolution the Title VI Civil Rights Program for
public transit programs, as required by the Federal Transit
Administration.
–
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.
None.
13.CITY ADMINISTRATOR’S REPORT
June 23, 2014Council Agenda Page iii
14.MAYOR AND COUNCIL REPORTS
15.ADJOURNMENT
June 23, 2014Council Agenda Page iv
PROCLAMATION
RELAY FOR LIFE OF THE WOODBURN AREA
WHEREAS,
The American Cancer Society is the nationwide community-based
Voluntary health organization dedicated to eliminating cancer as a major health problem by
Preventing cancer, saving lives, and diminishing suffering from cancer, through research,
Education, advocacy and service; and
WHEREAS
, By these efforts the overall, age-adjusted cancer mortality rate is
Declining for the first time in human history and will continue to do so; and
WHEREAS
, People are alive today because the knowledge we have gained has
Translated directly into prevention, early detection and improved treatment; and
WHEREAS
, Relay For Life is the national signature event of the American Cancer
Society and has surpassed $1 billion dollars in funds raised since the first Relay For Life held
In 1985; and
WHEREAS
, The Relay For Life is unique in this community in that it blends
Fundraising, cancer awareness and prevention activities, fellowship and support for cancer
Survivors; and
WHEREAS
, The Woodburn Area American Cancer Society will hold its thirteenth
annual Relay For Life on July 11 and 12 with the goals of raising more than $80,000, honoring
Cancer survivors, and remaining one of the top Relay For Life fundraisers in the entire
Nation; and
WHEREAS,
Relay For Life is about being a community that takes up the fight against
Cancer; and
WHEREAS
, There is no finish line until we find a cure,
NOW THEREFORE
, I, Kathryn Figley, the Mayor of Woodburn, do hereby proclaim
Woodburn an official Relay For Life city, and further be it resolved that the month of July
Be designated as Relay For Life month in Woodburn as we join the American Cancer Society
In the fight against cancer.
IN WITNESS WHEREOF,
I have hereunto set my hand and caused the seal of the City
rd
of Woodburn to be affixed this 23 day of June 2014.
Kathryn Figley, Mayor
City of Woodburn
1
COUNCIL MEETING MINUTES
JUNE 9, 2014
DATECOUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF
0:00
MARION, STATE OF OREGON, JUNE 9, 2014
CONVENED
The meeting convened at 7:05 p.m. withMayor Figley presiding.
ROLL CALL
Mayor Figley Present
Councilor Cox Present
Councilor Lonergan Present
Councilor McCallum Present
Councilor Morris Present
Councilor Ellsworth Present
Councilor Alonso Leon Absent
Staff Present:
City Administrator Derickson, City Attorney Shields, Public Works
Director Scott,Police Captain Garrett,PoliceChief Russell, Economic and Development
Director Hendryx, Community Services Director Row, Communications Coordinator
Horton, Finance Analyst Head, Associate Planner Dolenc, Urban Renewal Manager
Stowers,Executive Legal Assistant Veliz
ANNOUNCEMENTS
0:00
The filing period for Mayor and Council positions is now open. Positions to be voted upon at
the November 6, 2014 general election are as follows:
Mayor: At-Large position (2-year term)
Councilor -Ward III:Precinct 835 (4 -year term)
Councilor -Ward IV: Precinct 845 (4 -year term)
Councilor -Ward V:Precinct 855 (4 -year term)
Candidate filing forms and instructions are available from the City Recorder and are posted
on the City website. Councilor Cox announced that he will be filing for City Council again
and hopes that citizens that may be thinking of filing do so.
PRESENTATIONS
0:01
A. WDO-Planned Unit Development Update – Economic and Development Director
Hendryx provided a presentation on the Planned Unit Development update to the Woodburn
Development Ordinance.
CONSENT AGENDA
0:17
Woodburn City Council minutes of May 12, 2014
A.
Woodburn Planning Commission minutes of January 9, 2014
B.
C.Woodburn Public Art Mural Committee minutes of April 7, 2014
D.Woodburn Recreation and Park Board minutes of May 13, 2014
E.Crime Statistics through April 2014
McCallum/Lonergan
…adopt the Consent Agenda. The motion passed unanimously.
Page 1 - Council Meeting Minutes, June 9, 2014
2
COUNCIL MEETING MINUTES
JUNE 9, 2014
PUBLIC HEARING
0:18
A.A Public Hearing to consider Zone Change 2014-01, Design Review 2014-01, Partition
2014-02, and Property Line Adjustment 2014-01, located at 777 Arney Road. Mayor
Figley declared the hearing open at 7:23 p.m. for the purpose of hearing public input on
Zone Change 2014-01, Design Review 2014-01, Partition 2014-02, and Property Line
Adjustment 2014-01, located at 777 Arney Road. Associate Planner Dolenc read the
public hearing statement and provided a staff report. Kendra Howell of Deacon
Development Group and Mark Person and William Boyd of McKenzie, 1515 SE Water
Ave, provided applicant testimony. No members of the public wished to speak in support
of Zone Change 2014-01, Design Review 2014-01, Partition 2014-02, and Property Line
Adjustment 2014-01, located at 777 Arney Road. Associate Planner Dolenc provided for
the recorda letter from Olivier and Susan Logeais, owners of 256 N. Arney Road
opposing Zone Change 2014-01, Design Review 2014-01, Partition 2014-02, and Property
Line Adjustment 2014-01, located at 777 Arney Road. In rebuttal, Kendra Howell of
Deacon Development Group stated that she also received a copy of this letter and believes
that the argument is primarily an economic one and not based on the considerations that
are being reviewed. Mayor Figley closed the hearing at 8:08 p.m. Councilor Ellsworth
stated that she thinks this is good for Woodburn and Councilor Lonergan and Councilor
McCallum concurred. Councilor Cox stated that he is in support of this application and he
MorrisCox
is in support of staff brining this back for approval. /….direct staff to prepare
an ordinance to amend the zoning map and approve the other actions subject to conditions
of approval. The motion passed unanimously.
B.Public Hearing to consider the City’s Election and Qualification to Receive State Shared
Revenue. Mayor Figley declared the hearing open at 8:12 p.m. for the purpose of hearing
public input on the City’s election to receive State Shared Revenue. City Administrator
Derickson provided a staff report. No members of the public wished to speak in either
support or opposition of the acceptance of State Shared Revenue. Mayor Figley declared
the hearing closed at 8:13 p.m.
C.A Public Hearing to consider the City of Woodburn’s 2014-15 Budget. Mayor Figley
declared the hearing open at 8:14 p.m. for the purpose of hearing public input on the
City’s 2014-15 Budget. City Administrator Derickson provided a staff report. No
members of the public wished to speak in either support or opposition of the acceptance of
the 2014-15 Budget. Mayor Figley declared the hearing closed at 8:16 p.m.
Page 2 - Council Meeting Minutes, June 9, 2014
3
COUNCIL MEETING MINUTES
JUNE 9, 2014
COUNCIL BILL NO. 2957 - A RESOLUTION ADOPTING THE FISCAL YEAR 2014-
1:11
2015 BUDGET; MAKING BUDGET APPROPRIATIONS; AND CATEGORIZING
TAXES
McCallum
introduced Council Bill No. 2957. Executive Legal Assistant Velizread the bill
by title only since there were no objections from the Council. On roll call vote for final
passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2957 duly
passed.
COUNCIL BILL NO. 2958 - A RESOLUTION DECLARING THE CITY OF
1:12
WOODBURN’S ELECTION TO RECEIVE STATE REVENUE SHARING
McCallum
introduced Council Bill No. 2958. Executive Legal Assistant Veliz read the bill
by title only since there were no objections from the Council. On roll call vote for final
passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2958 duly
passed.
COUNCIL BILL NO. 2959 - A RESOLUTION CERTIFYING SERVICES FOR
1:13
STATE REVENUE SHARING
McCallum
introduced Council Bill No. 2959. Executive Legal Assistant Veliz read the bill
by title only since there were no objections from the Council. On roll call vote for final
passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2959 duly
passed.
DIRECTOR APPROVAL OF PARTITION PAR 2014-01, LOCATED AT 3099 N.
1:14
PACIFIC HIGHWAY (FJORD)
Council declined to call this item up for review.
CITY ADMINISTRATOR’S REPORT
1:14
City Administrator Derickson stated that there was a significant gas leak near the interchange
and thanked the police department, fire department, city staff and ODOT for their quick
response.
MAYOR AND COUNCIL REPORTS
1:11
Councilor Lonergan announcedthat the Mural Committee accepted the application of First
Presbyterian church. He thanked Chief Russell for allowing Captain Alexander to come speak
at a Historic Neighborhood association meeting on city ordinances.He also stated that he
would like to see a plaque for Alvah Cowen Park and thanked the garden committee for taking
care of it. Councilor Lonergan stated that he is concerned about the Semi trucks that are
coming down Boones Ferry Rd and would like to propose that we outlaw any trucks going
down Boones Ferry between Crosby and 214 except service vehicles.
Councilor McCallum reminded people that the Boys and Girls club breakfast is tomorrow at
the Woodburn Health Center from 7:30-8:30a.m. He also noted that he was impressed with the
response to the gas leak.
Mayor Figley also invited the public to attend the Boys and Girls club breakfast and
encouraged people to come and find out about the program. She thanked Councilor McCallum
for filling in during her absence. She also congratulated the graduating class of 2014.
Councilor Ellsworth asked for an update on the parking ordinance. City Administrator
Derickson stated that it is almost complete and hopes to have it out in draft form sometime this
Page 3 - Council Meeting Minutes, June 9, 2014
4
COUNCIL MEETING MINUTES
JUNE 9, 2014
week. He also noted that anyone interested in having a neighborhood watch program should
contact the police department.
Councilor Morris announced that there is going to be a vacancy on the school board.
EXECUTIVE SESSION
1:31
Mayor Figley entertained a motion to adjourn into executive session under the authority of
Lonergan/Morris
ORS 192.660 (2)(h) and ORS 192.660 (2)(f). … to move into executive
session. The Council adjourned to executive session at 8:36 p.m. and reconvened at 8:56 p.m.
Mayor Figley stated that no action was taken by the Council while in executive session.
ADJOURNMENT
1:51
McCallum/Ellsworth..
.meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 8:56 p.m.
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Heather Pierson,City Recorder
City of Woodburn, Oregon
Page 4 - Council Meeting Minutes, June 9, 2014
5
EXECUTIVE SESSION
COUNCIL MEETING MINUTES
JUNE 9, 2014
DATECONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON,JUNE 9, 2014
CONVENED
TheCouncil met in executive session at 8:37 p.m. with Mayor Figley presiding.
ROLL CALL
Mayor Figley Present
Councilor Cox Present
Councilor Lonergan Present
Councilor McCallumPresent
Councilor MorrisPresent
Councilor Alonso Leon Absent
Councilor Ellsworth Present
Staff Present:
City Administrator Derickson, City Attorney Shields, Police Chief Russell,
Executive Legal Assistant Veliz
Media Present:
Tyler Francke,Woodburn Independent
Others Present:
Karen Vickers, Mersereau Shannon LLP
The executive session was called:
To consult with counsel concerning the legal rights and duties of a public body
with regard to current litigation or litigation likely to be filed pursuant to ORS
192.660 (2)(h).
To consider records that are exempt by law from public inspection pursuant to
ORS 192.660 (2)(f).
ADJOURNMENT
The executive session adjourned at 8:55 p.m.
APPROVED_______________________________
KATHRYN FIGLEY, MAYOR
ATTEST_______________________________
Heather Pierson,CityRecorder
City of Woodburn, Oregon
Page1 – Executive Session, Council Meeting Minutes, June 9, 2014
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7
8
9
10
Agenda Item
June 23, 2014
TO:Honorable Mayor and City Council
From: Scott Derickson,City Administrator
SUBJECT:
Appointment of Finance Director
of the City Charter, which states:
Pursuant to Section (C) 3 Powers and Duties
“The powers and duties of the administrator shall be as follows: He or she shall
appoint and may remove a City Recorder, Police Chief, Fire Chief, Director of
Finance, Director of Public Works, Library Director and Director of Recreation
and Parks
.Such appointment or removal shall be with the consent of the
council...”
Consequently, I am submitting Sarah Headfor approval for the position of
Finance Director.The approval of this applicantcan be achieved with a
Council motion and second.
Agenda Item Review:City Administrator __X___City Attorney __X___Finance _____
11
12
13
14
15
16
Agenda Item
June 23, 2014
TO:Honorable Mayor and City Council through City Administrator
FROM: Jim Hendryx, Directorof Economic & Development Services
SUBJECT:
Update of the Woodburn Development Ordinance (Planned Unit
Developments), Legislative Amendment 2013-01
RECOMMENDATION:
Hold a public hearing on the proposed revision.Adopt Legislative Amendment
2013-01 and instruct staff to prepare an Ordinance to enact the Council’s
decision. Alternatively, continue the public hearing to a date certain and
instruct staff to return with further revisions.
BACKGROUND:
Almost fiveyears ago, the Mayor and City Council appointed two focus groups
to review and update the Woodburn Development Ordinance (WDO). The Sign
Focus Group worked on the City sign standards, while the WDO Focus Group
reviewed the remainder of the WDO.
Sign standards were revisedand adoptedin 2010. The definitions,
administration, and procedures sections were revised and adoptedin 2011.The
revised use and development standards were adopted in 2013.
DISCUSSION:
Legislative Amendment 2013-01 completes the ordinance rewrite, revising the
section governing Planned Unit Developments.
The overall objectives of the WDO rewrite are:
Simplify and clarify the Ordinance
Eliminate conflicting standards and circular references
Make the ordinance more user-friendly
Agenda Item Review:City Administrator ___x___City Attorney __x____Finance __x___
17
Honorable Mayor and City Council
June 23, 2014
Page 2
The Planning Commission held a workshop and apublic hearing on the
proposed amendments, and forwarded the amendments to the City Council
with a unanimous recommendation that they be adopted.
FINANCIAL IMPACT:
This decision is anticipated to have a mixedpublic sector financial impact.
Costs of implementing the ordinance revision may slightly increase. The greater
effect willbe on the private sector, where clarity and flexibility of regulation are
anticipated to stimulate private investment and development. Increased
development mayslightly increase City revenues.
18
Department of Economic and
Development Services
Planning Division
-5246
CITY COUNCILSTAFF REPORT
PUBLIC HEARING
Application TypeType VLegislative Amendment
Application NumberLA2014-01
Project DescriptionRevise Sections3.09, 5.01, and 5.03of the Woodburn Development
Ordinance regarding Planned Unit Developments
Project LocationEntire City
ZoningAll zones
Planner AssignedDon Dolenc, Associate Planner
120-Day DeadlineNot applicable to legislative decisions
Date of Staff ReportJune17, 2014
Date of Public HearingJune 23, 2014
BACKGROUND
Four years ago, the Mayor and City Council began the processto review and update the Woodburn
Development Ordinance (WDO). Sign standards were revised in 2010.The definitions, administration, and
procedures sections were revised in 2011. The bulk of the WDO was amended in 2012. During that process,
LA2014-01 Planned Unit Developments\\Staff report Council Page 1 of 6
19
it was decided to address Planned Unit Developments separately, rather than delay the other amendments.
This Legislative Amendment completes the WDO rewrite.
ANALYSIS AND FINDINGS OF FACT
WDO 4.01 Decision Making Procedures
: Under Section 4.01.02.E of the Woodburn Development Ordinance, decisions involving legislative
Findings
actions where the City Council amends the City’s land use regulations are Type V decisions. The Planning
Commission holds an initial public hearing on the proposal and makes a recommendation to the City
Council. The City Council then holds a finalpublic hearing and makes the City’s final decision. The City
Council’s action is the City’s final decision and is appealable to the Land Use Board of Appeals within 21
daysafter it becomes final.
Conclusion: This legislative amendment is correctly processed as a Type V decision.
Findings: Under Section 4.01.03,the City Councilmay initiate any type of land use action by amotion
designating the appropriate City department to complete and file the application. The Planning Commission
conducted several workshop meetings and a public hearing to consider the proposed amendments.
Conclusion: The City Council directed the Planning Commission to consider the amendments leading up to
this hearing, in accordance with Section 4.01.03.
Findings: Under Section 4.01.10, the Planning Commission musthold at least one public hearing before
recommending action on a legislative proposal. The Director notifiesthe Oregon Department of Land
Conservation and Development (DLCD) at least 35 days before the first hearing. The Planning Commission
then adopts a recommendation on theproposal to the City Council.
Upon receiving the recommendation ofthe Planning Commission, the City Council holds at least one public
hearing on the proposal. Any interested person may provide written or oral testimony on the proposal at,or
prior to,the hearing. At the conclusion of the hearing, the City Council may adopt, modify or reject the
legislative proposal, or it may remand the matter to the Planning Commission for further consideration. If
the decision is to adopt at least some form of theproposal, and thereby enact or amend the City’s land use
regulations, the City Council decision isenacted as an ordinance.
Not later than five working days following the City Council’s final decision, the Director mails notice of the
decision to the DLCD in accordance with ORS Chapter 197.
LA2014-01 Planned Unit Developments\\Staff report Council Page 2 of 6
20
Conclusions: The Planning Commission conductedapublic hearing on May 22, 2014 before making
recommendations to the City Council. Notice was provided to the Oregon Department of Land Conservation
and Development(DLCD). Background information,including the staff report, has been made available for
public inspection. The City Council is conducting thispublic hearing to receive the Commission’s
recommendations and public input. All provisions of this section of the WDO and State statute have been
met.
Findings: Public notice was provided for all public hearings in accordance with Section 4.01.14 of the WDO.
Individual property owner noticewas not required under Ballot Measure 56. Notice of the public hearing
was published in the Woodburn Independent newspaper.
All notifications contained information regarding the time, date, and location of the public hearings, the file
number, and staff contact information for questions or submission of testimony. All notification documents
provided information regarding the public hearing procedures and how to review or obtain copies of the
documents to be considered.
Conclusion: Notification requirements consistent with the provisions of the Woodburn Development
Ordinance and statutory requirements were met.
LA2014-01 Planned Unit Developments\\Staff report Council Page 3 of 6
21
Woodburn Comprehensive Plan
Findings: The Comprehensive Plan (Volume 1, Goals and Policy Amendments) states:
“The keystone of plan implementation is the Woodburn Development Ordinance (WDO). This
WDO ensures that the location and design of various land uses and in some cases, the timing of
those land uses, is in compliance with the Comprehensive Plan. The WDO ensures that
incompatible uses do not occur, while allowing flexibility consistentwith the purpose of the
plan.”
Planned Unit Developments promote flexibility consistent with the purpose of the Comprehensive Plan.The
proposed amendments enhance the viability of PUDs as a development option byallowing flexible
development standards, unique street cross-sections, and more variety in permitted uses. In exchange for the
ability to modify development and use standards, PUDs must provide common open space and enhanced
public amenities.
Conclusions: The proposed amendments clarify the intent of the WDO and simplify administration of the
Ordinance. The proposed amendments are consistent with the Comprehensive Plan.
Findings: The Comprehensive Plan (Volume 1, Goals and Policy Amendments) states:
“The planning process is continuous. There is no plan that can foresee all of the problems the
future will bring. In most cases for decision, the Planning Commission and Council will be
petitioned by private citizens to change the Comprehensive Plan designation of a particular
parcel of property. This is a quasi-judicial activity and should follow the procedures set out for
quasi-judicial rulings. The Planning Commission should ensure that any change it makes in the
Comprehensive Plan is consistent with other goals and policies established in this Plan. These
changes, in general, should be justified by a solid body of evidence presented by the petitioner
showing the following:
1.Compliance with the goals and policies of the Comprehensive Plan;
2.Compliance with the various elements of the Comprehensive Plan;
3.Compliance with Statewide goals and guidelines;
4.That there is a public need for the change;
5.That this land best suits that public need;”
The WDO provides little incentive to use PUDs as a development option. Proposed amendments clarify
standards and allow greater flexibility in development and use standards.
LA2014-01 Planned Unit Developments\\Staff report Council Page 4 of 6
22
Conclusions: The ComprehensivePlan recognizes that plans and implementing ordinances like the WDO
continue to evolve and change overtime. The amendments are consistent with the intent of the
Comprehensive Plan and statewide goals and guidelines.
Findings: The Stateadopted 19 goals for state and local land use decisions. The statewide planning goals
applicable to this case are Goals 1 (Citizen Involvement), 2 (Land Use Planning), and 7 (Areas Subject to
NaturalHazards).
Goal 1 requires that the City develop a citizen involvement program that insures the opportunity for
citizens to be involved in all phases of the planning process. Agency and public notice havebeen
provided. Workshops have been held and public hearings are being conducted.
Goal 2 requires that the City establisha land use planning process and policy framework as a basis for
all decision and actions related to the use of land and to assure an adequate factual base for such
decisions and actions. The Woodburn Development Ordinance contains procedures and requirements
for facts and findings. The proposed amendments require additional findings for residential density
transfer bonuses.
Goal 7 requires that the City adopt comprehensive plans (inventories, policies and implementing
measures) to reduce risk to people and property from natural hazards. The proposed amendments
require that areas in a PUD that are affected by wetlands, floodplains, steep slopes, and unstable soils
be tracted out and either dedicated to the City,or retained as common open space. This reduces the
likelihood that those areas will be developed, filled, graded, or otherwise disturbed.
Conclusion:The proposed amendments are consistent with applicable statewide planning goals.
CONCLUSIONAND RECOMMENDATION
The proposed amendment is consistent with the Woodburn Comprehensive Plan and the Woodburn
Development Ordinance. It is recommended that the Council approve Legislative Amendment 2014-01 and
direct staff to prepare an ordinance amending the relevant sections of the Woodburn Development
Ordinance.
LA2014-01 Planned Unit Developments\\Staff report Council Page 5 of 6
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LIST OF EXHIBITS
A.
WDO 3.09 Planned Unit Developments (existing text)
B.
WDO 3.09 Planned Unit Developments (proposed text)
C.
WDO 4.02.09 Reapplication Limited(existing text)
D.
WDO 4.02.09 Reapplication Limited (proposed text)
E.
WDO 5.01.07 Planned Unit Development (PUD), Final Plan & Design Plan Approval (existingtext)
F.
WDO 5.01.07 Planned Unit Development (PUD), Final Plan Approval (proposed text)
G.
WDO 5.03.06 Planned Unit Development (PUD), Preliminary Plan Approval and 5.03.07 Planned Unit
Development (PUD), Design Plan Final Approval (existing text)
H.
WDO 5.03.06 Conceptual Development Plan Approval and 5.03.07 Detailed Development Plan
Approval (proposed text)
LA2014-01 Planned Unit Developments\\Staff report Council Page 6 of 6
24
3.09 Planned Unit Developments
The purpose of this Section is to establish the requirements for Planned Unit Developments.
Planned Unit Developments, or PUDs, provide flexibility when developing properties with
unique topographic, geotechnical, or other constraints. They also allow innovative design
options for larger projects especially those that integrate commercial and residential
components.
3.09.01 Types of PUDs
3.09.02 Flexible Standards
3.09.01
A.Single-Family Residential PUD
-Family Residential
R1S. All uses allowed (permitted, special, conditional, specific conditional and accessory)
by the underlying zone shall be allowed through the PUD process.
B.Mixed-Use PUD
-nclude land in more than one zone. Land can be zoned RM,
RMN, CO, NNC, CG, MUV, SWIR, IP or IL, and may include land zoned RS, RSN, or
R1S. All uses allowed (permitted, special, conditional, specific conditional and accessory)
by the underlying zone shall be allowed through the mixed-use PUD process.
3.09.02 Flexible Standards
The design of a PUD plan may be flexible to the extent that it provides for the following design
elements,in compliance with stated minimum standards. The minimum standards of the WDO
stated below shall supersede the standards of the underlying zone for a PUD, except the
standards of the Nodal Overlay Districts, Section 2.05.04, shall supersede the standards of
Section 3.09.02.B, C, and F.
A.Minimum PUD Site Area
A PUD shall comprise a minimum of five acres under single ownership or control.
B.Minimum Lot Standards in an RS zone
1.The minimum single family dwelling lot area shall be as follows:
a.Without common open space:
(1)6,000 square feet for an interior, flag or cul-de-sac lot; and
(2)8,000square feet for a corner lot
(3)subject to the dimensional standards of Section 2.02
Woodburn Development Ordinance Section 3.09 Page 161 EXHIBIT A
25
b.With common open space:
(1)5,000 square feet for an interior lot, flag or cul-de-sac, subject to the
dimensional standards of Section 2.02, except for the following modified
standards:
(a)Minimum lot width: 55 feet
(b)Minimum average lot depth: 90 feet, and
(2)7,000 square feet for a corner lot, subject to the dimensional standards of
Section 2.02, except for the following modified standards:
(a)Minimum lot width: 75 feet
(b)Minimum average lot depth: 90 feet
2.The minimum duplex dwelling lot size, as a Special Use, shall be as follows:
a.Without common open space: 12,000 square feet
b.With common open space: 10,000 square feet
C.Residential Density Standards
1.RS or R1S zone:
The maximum residential density shall be six dwelling units per gross acre.
2.RM, CO, CG, or MUV zone
The maximum residential density shall be as follows:
a.Multiple-Family: 16 dwelling units per net acre
b.Group Home or Group Care Facility: 32 living units per net acre
c.Manufactured dwellings in a Manufactured Dwelling Park: 12 dwelling units per
net acre
D.Common Ownership of Land and Facilities Within Any Zone
1.
when a PUD includes common land or facilities.
2.Minimum Common Area
a.RS, RSN, or R1S zone
(1)No minimum common area shall be required when residential density is four
dwellings or less per gross acre.
(2)When common area is provided, a minimum ratio of 0.1 acre per acre of PUD
shall be required.
(3)A minimum of 0.5 acres of common area shall be required when a common
area is provided. The minimum width of a common area shall average 100
feet.
(4)Common areas shall be one or more of the following types:
Woodburn Development Ordinance Section 3.09 Page 162 EXHIBIT A
26
(a)Natural Areas
Natural areas shall be significant natural resources, including wetlands,
creek corridors, woodlands, floodways, and meadows conserved in a
virtually undeveloped state. The intent of any man-made improvements
should be to enhance opportunities for viewing, studying and other
measures to increase the passive enjoyment of the natural setting.
Improvements may include paths, educational signs, and viewpoints.
(b)Activity Areas
Activity areas shall be common open space designated, designed and
improved for active recreational use. Improvements should accommodate
and stimulate active use and may include playgrounds, swimming pools,
tennis courts, barbeques and picnic facilities.
(c)Landscaped Areas
Landscaped areas are areas of common open space that are designed and
improved for passive use and visual enhancement. Typical improvements
include lighted paths, benches, fountains and other water features, signs
identifying plant materials, and formal and informal gardens.
3.Medium Density Residential Buildings
The applicable open space and common area requirements of Section 3.07 shall apply.
4.All Other Uses
The common area requirements of the underlying zone shall apply.
E.Architectural Review
If the decision-maker finds that the Covenants, Conditions and Restrictions ()
comprehensively address the intent of all applicable factors in Section 3.07, the decision-
maker may approve the
Section 3.07,and procedures,Section 5.01.
F.Dimensional Standards
1.The minimum setback for a yard abutting a street in an RS, RSN, or R1S zone shall be
10 feet.
2.The minimum setback for an interior rear yard in an RS, RSN,R1S, RM or RMNzone
shall be 20 feet.
Woodburn Development Ordinance Section 3.09 Page 163 EXHIBIT A
27
3.09Planned Unit Developments
The purpose of this Section is to establish the requirements for Planned Unit Developments
(PUDs).PUDs allow flexible development standards, unique street cross-sections, and more
variety in permitted uses. They are especially appropriate when developing properties with
unique topographic, geotechnical, or other constraints. They also encourage innovation and
creative approaches for developing land. In exchange for the ability to modify development and
use standards, PUDs must provide common open space and enhanced public amenities.
3.09.01 Allowable Types and Minimum Area of PUDs
3.09.02 Allowed Uses
3.09.03 Density Transfer
3.09.04 Conceptual Development Plan
3.09.05 Detailed Development Plan
3.09.06 Development Standards
3.09.07 Modifications to an Approved Detailed Development Plan
3.09.08 Nullification
3.09.09 Owners/Tenants Association
3.09.10 Phasing
3.09.01Allowable Types and Minimum Area of PUDs
A.Transfer of Density PUD
1.ATransfer of Density PUD shall consist entirely of property in any residential zone, or
in more than one residential zone. A Transfer of Density PUD may only be used to
transfer residential density from undevelopable areas of a site (riparian corridor,
floodplain, wetlands, unstable soils or slopes) to developable areas of a site, but not to
increase the overall number of dwelling units allowed on the site. Note: This
development option is often called cluster housing.
2.There is no minimum site area for a Transfer of Density PUD.
B.Residential PUD
1.AResidential PUD shall consist entirely of property zoned RS, RSN,R1S, or P/SP, or
in more than one such zone. A PUD is not allowed in the Neighborhood Conservation
Overlay District (NCOD).
2.A Residential PUD shall containa minimum of twoacres.
C.Mixed-Use PUD
1.A Mixed-Use PUD may consist of property in any zone or zones. A Mixed-Use PUD
is not allowed in the Neighborhood Conservation Overlay District (NCOD).
2.AMixed-Use PUD shall containa minimum of three acres.
Woodburn Development Ordinance Section 3.09 Page 161 EXHIBIT B
28
3.09.02Allowed Uses
A.Transfer of Density PUD
Single-family dwellings, manufactured dwellings, duplexes, row houses, and
multiple-family dwellings shall be allowed in a Transfer of Density PUD.
B.Residential PUD
Any use allowed in any residential zone shall be allowed in a Residential PUD (see Table
2.02A). No separate Conditional Use process shall be required for any use that is described
in the Detailed Development Plan and the project narrative.
C.Mixed-Use PUD
1.Any use allowed in any zone shall be allowed in a Mixed-Use PUD (see Table 2.02A).
No separate Conditional Use process shall be required for any use that is described in
the Detailed Development Plan and the project narrative.
2.Mixed-Use PUDs are limited to a maximum of one third of the gross area of the
non-district uses. There shall be no net increase of commercial or industrial area.
Example: Commercial or industrial uses are limited to one third of the gross area of a
residential zone. Residential uses are likewise limited to one third of the area of a
commercial or industrial zone but are unrestricted in a residential zone.
3.Industrial uses shall be separated from residential uses (whether within the PUD or
outside it) by at least 30 feet, except for one dwelling unit in conjunction with an
industrial use,as allowed by Table 2.04A.
3.09.03Density Transfer
A.Any PUD may be used to transfer residential density from undevelopable areas of a site
(riparian corridor, floodplain, wetlands, unstable soils or slopes) to developable areas of a
site.Up to 40percent of the density may be transferred, except as provided in Sections B
through G, below. No more than 100 percent of the density may be transferred.
B.If the PUD dedicates to the City or provides an easement for a trail or bike path shown in
any adopted City Plan, an additional 20percent of the density may be transferred.
C.If the PUD dedicates to the City property abutting a public park, the Commission may allow
up to an additional 20 percent of the density to be transferred, commensurate with the
amount and usability of the property dedicated.
D.If the improved common area of the PUD is available for use by the public, the Commission
may allow up to an additional 10 percent of the density to be transferred, commensurate
with the amount and usability of the improved common area.The area must be permanently
posted with a sign reading,
E.If the PUD plan proposes landscaping or buffering that exceeds the WDO minimum
standards by at least 25 percent, the Commission may allow up to an additional 20 percent
of the density to be transferred, commensurate with the amount, quality, and variety of the
enhanced landscaping or buffering.
Woodburn Development Ordinance Section 3.09 Page 162 EXHIBIT B
29
F.If the PUD plan proposes stormwater mitigation measures that exceed minimum City
standards by at least 25 percent, the Commission may allow up to an additional 10 percent
of the density to be transferred, upon a recommendation by the Public Works Department.
G.If the PUD plan proposes other environmental, sustainability, or architectural enhancements,
the Commission may allow up to an additional 10 percent of the density to be transferred,
commensurate with the amount, quality, and community benefit of the enhancements.Such
enhancements may include, but are not limited to, solar heating or electrical generation,
community gardens, public art, mitigation of off-site stormwater, and greywater diversion.
3.09.04Conceptual Development Plan
A.PUDs require both a Conceptual Development Plan and a Detailed Development Plan.
These reviews may be accomplished sequentially or asa consolidated review, at the
.
B.A Conceptual Development Plan shall include drawings and a narrative describing the
surrounding neighborhood, existing site conditions, general development areas, phasing,
land uses, building envelopes, architectural theme, landscaping and buffering, streets,
bicycle and pedestrian circulation, common areas, utility locations, sign theme, and other
information the Director may deem necessary to convey the concept plan.
3.09.05Detailed Development Plan
A.PUDs require both a Conceptual Development Plan and a Detailed Development Plan.
These reviews may be accomplished sequentially or asa consolidated review, at the
.
B.No building, grading, access, or other development permit may be issued until a Detailed
Development Plan has been approved for at least one phase of the project.
C.Buildings shown on a Detailed Development Plan are exempt from Design Review if they
are in substantial conformity to the Detailed Development Plan (see Section 3.07.01.B).
D.ADetailed Development Plan shall include drawings and a narrative sufficient to
demonstrate compliance with the Conceptual Development Plan and any conditions of
approval previously imposed. A Detailed Development Plan shall provide specific
information regarding the site layout, architecture, and proposed amenities. A Detailed
Development Plan that proposes land uses not in the Conceptual Development Plan or that
deviates by more than ten percent from any development standard in the Conceptual
Development Plan for any phase,or that does not meet the standards of this Section shall not
be approved. The applicant may request that the decision-maker approve such a plan as an
amended Conceptual Development Plan.
3.09.06Development Standards
A PUD is intended to allow flexibility in the development standards of Sections 3.01 through
3.10. The Detailed Development Plan may propose modified standards without a separate
Woodburn Development Ordinance Section 3.09 Page 163 EXHIBIT B
30
Variance. Any standard that is not proposed for modification shall apply to the PUD. The
development standards stated below shall not be modified through the PUD process.
A.Common area anddensity shall comply with Table 3.09A.
Common Area and DensityStandards for Planned Unit Developments
Table 3.09A
Transfer
ResidentialMixed-Use
of Density
Four or fewer dwelling unitsAllundevelopablesite area
Common
Area,
Five or more dwelling units, or 30 percent of gross site area, including all
Minimum 1
nonresidential usesundevelopablesite area
Improved Four or fewer dwelling unitsNone
Common
Five or more dwelling units100 square feet per dwelling unit
Area,
Nonresidential usesNoneNoneNone
Minimum
Residential Density, Minimum (units per net
2
5.25.25.2
acre)
Multiple-family
161616
dwelling
Child care facility,
333
group care facility or 323232
Residential Density,
nursing home
Maximum (units per
net acre)
Manufactured
121212
dwelling park
NotNot
4
Any other useNot specified
44
specified specified
1. At least one common area shall be sized to accommodate a circle 25feet in diameter.
2.Inresidential zones only. There is no minimum for non-residential zones.
3.Child care facility for 13 or more children, group home for six or more persons.
4.The maximum density is determined by setbacks, off-street parking, open space, and other
requirements.
B.Improved Common Area
1.Common areas are deemed improved if they are provided with benches, playground
equipment, gazebos, picnic facilities, or similar amenities. Lawn area by itself does not
constitute improvement. Trails or paths do not constitute improvement, unless they
connect to the public trail system.
2.Common meeting or recreation rooms are deemed to be improved common areas.
3.Improved common areas are subject to the performance guarantee provisions of Section
4.02.08.
Woodburn Development Ordinance Section 3.09 Page 164 EXHIBIT B
31
C.Streets
1.APUD shall conform to and, where possible, enhance existing or planned vehicle,
pedestrian and bicycle networks, including connections and functionality. Note: See
Figures 7-1 (Functional Classification Designations), 7-3(Pedestrian Plan), and 7-4
(Bicycle Plan) of the Transportation System Plan.
2.All streets shall be public.
3.Boundary and connecting streets shall use the street sections of Section 3.01.04.
4.Internal streets may use the street sections of Section 3.01.04, or the PUD may propose
other street sections, provided that the streets:
a.conform to the Oregon Fire Code (see Figures 3.04C and 3.04D)
b.include sidewalks, and
c.are constructed to the specifications of the Public Works Department.
D.Parking
If a front setback of less than 20 feet is proposed, the requirement of Section 3.05.03 for an
improved parking pad for single-family and duplex dwellings may be satisfied by on-street
parking or by a common off-street parking lot.
E.Signs
1.A PUD may include a sign plan to require a common architectural design and location.
2.The standards of the Mixed Use Village (MUV) zone shall apply to commercial uses in
the residential zones of a Mixed-Use PUD.
3.09.07Modifications to an Approved Detailed Development Plan
A.The Director may administratively approve minor modifications to an approved Detailed
Development Plan.
B.Major modifications are those that propose to change the proposed uses, increase density,
relocate buildings, parking, or access points, reduce common area or the amenities provided
in improved common area, or,in the opinion of the Director,are more than minor
modifications. Major modifications to an Approved Detailed Development Plan shall be
reviewed as a Modification of Conditions pursuant to Section 4.02.07.
3.09.08Nullification
A.Nullification of a PUD shall be reviewed as a Modification of Conditions pursuant to
Section 4.02.07. The burden of proof is on the applicant to justify nullification of the PUD,
giving substantial evidence that:
1.Developing the property under conventional standards and regulations will not create
nonconforming development;
2.Special circumstances,such as building relationships, drainage ways, public
Woodburn Development Ordinance Section 3.09 Page 165 EXHIBIT B
32
improvements, topography, and so forth that were to be addressed through the PUD can
be dealt with as effectively with conventional standards;
3.Conditions of approval of the PUD can be met with conventional standards, or are no
longer necessary; and
4.No prior commitments involving the property (such as density transfer, public
improvements and activities, building relationships, recreational facilities, open space,
or phasing of development)were made that would adversely affect the property, other
properties, or the City.
3.09.09Owners/Tenants Association
Any land and structures not dedicated to the public,but reserved for the common use of the
owners or tenants,shall be subject to control by an association of owners or tenants.
3.09.10Phasing
A.A PUD may be developed in phases, pursuant to Section 5.03.05.
B.Phases shall be functionally self-contained with regard to access, parking, utilities, open
spaces, and similar physical features, and capable of occupancy, operation, and maintenance
upon completion.
C.The phased provision of common areas and improvements shall be roughly proportional to
the development of housing and other elements intended for private ownership.
D.At least one improved common area sized to accommodate a circle 25feet in diameter shall
be provided with the first phase.
Woodburn Development Ordinance Section 3.09 Page 166 EXHIBIT B
33
4.02 Review, Interpretation and Enforcement
4.02.07 Modification of Conditions
Any request to modify a condition of approval is to be considered pursuant to the procedure and
the standards and criteria applicable to a new application of the type of permit or zone change
that is proposed to be amended, except that the modification of a condition limiting the use of
property may only be considered as a Type IV Official Zoning Map Change application.
Woodburn Development Ordinance Section 4.02 Page 207 Exhibit C
34
4.02 Review, Interpretation and Enforcement
4.02.09 Reapplication Limited
1.If the application is denied or withdrawn following the close of the public hearing, no
reapplication for the same or substantially similar proposal may be made for one year
following the date of the final decision denying a permit.
2.This Section shall not apply to Conceptual Development Plans for Planned Unit
Developments (Section 3.09.04).
Woodburn Development Ordinance Section 4.02 Page 207 EXHIBIT D
35
5.01 Type I (Administrative) Decisions
5.01.07 Planned Unit Development (PUD), Final Plan & Design Plan Approval
A.Purpose: The purpose of this review is to ensure that the PUD Final Plan and Design Plan
are in substantial conformance with the conditions of the PUD Preliminary Plan and Final
PUD Design Plan approvals as required by this Ordinance (Section 5.03.07).
B.Criteria:
1.The Director shall determine whether the PUD conforms to the preliminary approval,
applicable State requirements and City ordinances (Section 3.09).
2.Any modification that involves the following, shall not be in substantial conformance
with preliminary PUD approval:
a.A change in the circulation pattern, including the location or configuration of
streets and intersections;
b.A change in the location and/or housing type;
c.An increase in the number of lots, dwelling units or gross floor area of non-
residential uses;
d.An increase in density;
e.The deletion or addition of a use or facility;
f.A change in the scale or character of common architectural design concepts
presented with the initially approved PUD design plan;
g.Changes in the Homeowners Association agreement and/or Conditions, Covenants
e
of common land and facilities; design review criteria and controls.
h.Any other substantive change found by the Director.
C.Procedure:
1.The Director shall determine whether the final plan conforms to the PUD Preliminary
Plan and Final PUD Design Plan approvals, including all conditions and other
applicable State statutes and City ordinances.
2.The Director shall determine that all public facilities are designed to City standards and
either constructed and accepted by the City or covered by the performance guarantee
(Section 4.02.08).
3.The Director shall approve the Final PUD Plan if it is in substantial conformance with
the requirements of this Section.
a.s of the initial
PUD approval.
b.The PUD final plat is complete and accurate and property surveyed and
monumented in compliance with State Statutes (ORS Chapter 92).
Woodburn Development Ordinance Section 5.01 Page 214 EXHIBIT E
36
4.If the Director determines that the final plat does not conform, the applicant shall be
advised by written notice. The applicant shall have 30 calendar days to correct the plat.
5.
calendar days of signature. Acceptance by the City of the land dedicated to the public
by means of a plat occurs upon the recording of the plat.
6.Building permits can be issued for the subject property upon recording of the final plat.
Woodburn Development Ordinance Section 5.01 Page 215 EXHIBIT E
37
5.01 Type I (Administrative) Decisions
5.01.07 Planned Unit Development (PUD), Final Plan Approval
A.Purpose: The purpose of this review is to ensure that the Final PUD Plan isin substantial
conformance with the conditions of the PUD Detailed Development Plan approval.
B.Procedure:
1.The Director shall determine whether the Final PUD Plan conforms to the PUD
Detailed Development Plan approval, including all conditions and other applicable State
statutes and City ordinances.
2.The Director shall determine that all public facilities are designed to City standards and
either constructed and accepted by the City or covered by the performance guarantee
(Section 4.02.08).
3.The Director shall approve the Final PUD Plan if it is in substantial conformance with
the requirements of this Section.
a.s of the initial
PUD approval.
b.The PUD final plat is complete and accurate and the property has been surveyed
and monumented in compliance with State Statutes (ORS Chapter 92).
4.If the Director determines that the final plat does not conform, the applicant shall be
advised by written notice. The applicant shall have 30 calendar days to correct the plat.
5.
calendar days of signature. Acceptance by the City of the land dedicated to the public
by means of a plat occurs upon the recording of the plat.
6.Building permits can be issued for the subject property upon recording of the final plat.
Woodburn Development Ordinance Section 5.01Page 214 EXHIBIT F
38
5.03 Type III (Quasi-Judicial) Decisions
5.03.06 Planned Unit Development (PUD), Preliminary Plan Approval
A.Purpose: The purpose of a Type III PUD Preliminary Plan Approval is to ensure that the
proposed development complies with all provisions of this ordinance. The PUD process is
intended to provide incentives for greater creativity and adaptability in development design
through a process that allows flexibility in the application of standards, while that the same
time meeting the overall intent of this Ordinance (Sections 2 and 3).
B.Criteria: Preliminary approval of a Planned Unit Development shall require compliance
with the following:
1.Preliminary Plan or Subdivision Plat
a.That approval does not impede the future best use of the remainder of the property
under the same ownership or adversely affect the safe and efficient development of
the remainder of any adjoining land or access thereto.
b.That the proposed development is served with city streets, water, sewer and storm
drainage facilities with adequate capacity.
c.That the plan for the development takes into account topography, vegetation and
other natural features of the site.
d.That adequate measures have been planned to alleviate identified hazards and
limitations to development:
(1)For wetlands, these shall be the measures required by the Division of State
Lands for regulatory wetlands.
(2)For unstable areas, these measures shall be documentation as approved by the
Public Works Department, ensuring that streets and building sites are on
geologically stable soil considering stress and loads.
e.If phased, that the development of the subdivision is balanced with the need for
urbanization within the Woodburn Urban Growth Boundary.
f.That the tentative plan complies with all applicable provisions of this ordinance.
5.03.07 Planned Unit Development (PUD), Design Plan Final Approval
A.Purpose: The purpose of this Type III review is ensure that the PUD Final Design Plan
provides sufficient detail to ensure compliance with the standards of this ordinance (Sections
2 and 3) and that the design elements of development are consistent with the preliminary
approval for the PUD.
B.Criteria:
The Final PUD Design Plan shall substantially conform to the Preliminary PUD Design Plan
approval, including the conditions relating to:
1.Concurrent permit approvals regarding use, density, and designation of common areas;
Woodburn Development Ordinance Section 5.03 Page 228 EXHIBIT G
39
2.Design parameters that establish the character of common areas and facilities;
3.Elements of the Homeowner agreement and CC
a.Management and maintenance of common areas and facilities;
b.Design review guidelines and procedures for common and individually owned
buildings and structures; and
c.Covenants with the City regarding permanent conditions of development.
Woodburn Development Ordinance Section 5.03 Page 229 EXHIBIT G
40
5.03 Type III (Quasi-Judicial) Decisions
5.03.06 Planned Unit Development (PUD), Conceptual Development Plan Approval
A.Purpose: The purpose of a Type III PUD Conceptual Development Plan Approval is to
ensure that the proposed development complies with all provisions of this ordinance. The
PUD process is intended to provide incentives for greater creativity and adaptability in
development design,through a process that allows flexibility in the application of standards,
while at the same time meeting the overall intent of this Ordinance (Sections 2 and 3).
PUDs are governed by Section 3.109.
B.Criteria: Approval of a Conceptual Development Plan shall require compliance with the
following:
1.That approval does not impede the future best use of the remainder of the property,or
adversely affect the efficient development of any adjoining land or access thereto.
2.That the proposed development is served with City streets, water, sewer and storm
drainage facilities with adequate capacity.
3.That the plan for the development takes into account topography, vegetation and other
natural features of the site.
4.That adequate measures have been planned to alleviate identified hazards and
limitations to development:
a.For wetlands, these shall be the measures required by the Division of State Lands
for regulatory wetlands.
b.For unstable areas, these measures shall be documentation as approved by the
Public Works Department, ensuring that streets and building sites are on
geologically stable soil,considering stress and loads.
5.If phased, that the development of the subdivision is balanced with the need for
urbanization within the Woodburn Urban Growth Boundary.
6.That the requested flexibility in development standards is justified by commensurate
public benefits.
7.That the proposed PUD is compatible with surrounding developments and
neighborhoods.
8.That the tentative plan complies with all applicable provisions of this ordinance.
5.03.07 Planned Unit Development (PUD), Detailed Development Plan Approval
A.Purpose: The purpose of this Type III review is toensure that the Detailed Development
Plan provides sufficient detail to ensure compliance with the standards of this ordinance
(Sections 2and 3) and that the design elements of development are consistent with the
preliminary approval of the Conceptual Development Plan.
Woodburn Development Ordinance Section 5.03 Page 228 EXHIBIT H
41
B.Criteria:
1.The Detailed Development Plan shall substantially conform to the approved Conceptual
Development Plan,including conditions of approval.
2.The Detailed Development Plan shall refine and make specific the Conceptual
Development Plan.
3.The Detailed Development Plan shall demonstrate that the requested flexibility in
development standards is justified by commensurate public benefits.
4.The Detailed Development Plan shall demonstrate that the proposed PUD is compatible
with surrounding developments and neighborhoods.
Woodburn Development Ordinance Section 5.03 Page 229 EXHIBIT H
42
Agenda Item
June 23, 2014
TO:Honorable Mayor and City Council
FROM:Scott Derickson, City Administrator
SUBJECT:
Rate Adjustment for United Disposal Service, Inc.
:
RECOMMENDATION
It is recommended the City Council conduct a public hearing pursuant to
Woodburn Ordinance 2460(Solid Waste Management Ordinance) to examine
and consider therevised rate schedule and corresponding request for a rate
increase proposed by United Disposal Service, Inc. dba Republic Services of
Marion County-Woodburn (Republic Services).Staff has prepared a proposed
resolution (see ) authorizing a 4% rate increase for Republic
Attachment A
Services, effective July 1, 2014.
:
BACKGROUND AND DISCUSSION
Republic Services serves approximately 5,093residential homes, about 750
commercial accountsand provides 1,800 industrial hauls annually. According to
Republic Services, 12vehicles service the City of Woodburn, representing a
vehicle investment ofapproximately $3.3 million.
In November2009, the City Council adopted Ordinance 2460 (see
Attachment
, which put into place a new Solid Waste Franchise Agreement. Section 4 of
B
the agreement addresses rates and criteria for increasing refuse collection rates.
In short, the agreement provides that the Franchisee (Republic Services) shall
have the right to charge and collect reasonable compensation from those to
which it furnishes franchised services.
In October2012, the City Council approved a rate adjustment of 3.2%. Prior to
that, based on increased operating expenses and falling commodity prices, the
City Council approved a6.6% rate increase in June 2010. The City also
approved a 4% increase in 2006 and an 8% increase in 2005.
Republic Services recentlysubmitted a proposed rate increaseof 4% (see
) in overall revenue. A representative will attend the City Council
Attachment C
meeting to answer any questions you might have.Under Section 4 of Ordinance
2460, the Council may approve or deny a rate increase based upon, but not
limited to, the following criteria:
Agenda Item Review:City Administrator ___x___City Attorney ___x___Finance __x___
43
Honorable Mayor and City Council
June 23, 2014
Page 2
Increases in operating or capital costs;
Increases in City population;
Extension of City boundaries;
Increase of intensive residential, commercial or industrial
development within the City;
Changes in solid waste or recycling technology;
Changes in regulatory requirements;
Inability of Franchisee to adequately handle increased needs for
said service;
The rates in other cities for similar services; and,
The public interest by assuring reasonable rates to enable
Franchisee to provide efficient and beneficial service to user of
the service.
Rate of Return (ROR) Discussion
Solid waste franchises around the state of Oregon typically target a projected
RORof 8% to 12%.The rationale behind this level of return is to recognize the
capital intensive nature of theindustry and the risk therein.The goal is to
compensate the franchisee with an appropriate cash flow to allow for the
routine purchase of replacement vehicles and containers provided to residents
and businesses.
In the past, the City has agreed that funding capital replacement programs via
the revenues generated in their rate of return, and not as an operation expense
–thus, it should be noted that Republic Services rate of return supports the
capital expenditures for the serviceprogram provided to customers.Republic
Services supports this position in their proposal.
Rate Justification
Republic Services Statement of Income for the period ended December 31, 2013
%2014 NO %2014%
20122013Change Rate Change WITH Change
Change 4% Rate
Change
Revenue $3,887,015$4,107,5075.7%$4,107,5070%$4,203,3492.3%
Cost of $2,941,243$3,118,0556.0%$3,196,5322.5%$3,200,8542.7%
Operations
Gross Profit$945,772$989,4524.6%$910,975-7.9%$1,002,4951.3%
Salaries,
General & $435,265$417,4134.1%$427,4312.4%$427,4312.4%
44
Honorable Mayor and City Council
June 23, 2014
Page 3
Administrative
Operating $510,507$572,03912.1%$483,544-15.5%$575,0640.5%
Income
Provision for $204,203$228,81612.1%$193,418-15.5%$230,0260.5%
Income taxes
Income $306,304$343,22412.1%$290127-15.5%$345,0380.5%
Income as % of 7.9%8.4%-7.1%-8.2%-
Revenue
According to Republic Services, if the City Council does not approve the 4%
rate increase, theprojected 2014 ROR will fall below industry standardsof 8%to
7.1%. Republic Services’ (see above)
Statement of Incomefor the 12months
shows total 2013 revenue (within the Woodburn
ending December 31, 2013
Franchise Area) being , with operating cost totaling (all
$4,107,507$3,764,284
categories e.g.
Costs of operations, Salaries General Administration &
). This means that Republic
Administration and Provision for Income Taxes
Services’ net income was approximately , or ROR,was 8.4% in 2013. The
$343,224
chart also demonstrates a 7.9% ROR in 2012.
Republic Services’ estimated revenues for 2014 remain flat ), but
($4,107,507
operating costs are projected to increase to ,lowering theirrate of
$3,817,381
return to 7.1%, which is below what has been historically allowed.
Should the City Council approve a 4% rate increase, Republic Services estimates
their annual incometo increase to . All operating categories also
$4,203,349
increase to , leaving an estimated 2014 annual income of .
$3,858,311$345,038
This restores Republic Services’ ROR to 8.2%.
:Republic Services was not audited.The information
Statement of Income
Note
provided to the City was used as the basis for our discussions and the analysis
included in this Agenda Item. Republic also provided the City with a
comparison summary of the rates charged in the Woodburn franchise to those
in other area communities, which is included in their attached proposal. This
summary shows the proposed rates for Woodburn as slightly higher in some
cases, and slightly lower in others when compared to other jurisdictions.All in all,
staff found the proposed rate increase places the City in a comparable position
to the other communities used in the comparison.
Rate Impacts
Republic Services’ proposed rate increase of 4% is reflected over the
various volumes of users.Because the 4% revenue increase is applied to
the various user categories, which are comprised of varying numbers of
accounts, the actual impact by category differs.Below is the current
45
Honorable Mayor and City Council
June 23, 2014
Page 4
and proposed change to monthly residential service (the full impact, by
user category, is outlined in ):
Exhibit C
Republic Services of MarionCounty
Proposed Monthly Residential Service Rates for Woodburn
ServiceCurrent Monthly Proposed Monthly
Rate
20 gal cart$20.00$20.80
20 gal cart with no recycling/yard waste $18.20$18.72
service
$23.70
35 gal cart$22.75
65 gal cart$32.30$33.60
90 gal cart$36.50$38.00
On Call Service per pick up$10.00$10.50
Additional Yard Waste Cart $10.85$10.95
Additional Recycle Cart $7.00$10.95
Recycle only $6.00$7.00
Additional Can, Bag, Boc (no change)$6.00$7.00
Return for Service fee$11.00$11.95
:
FINANCIAL IMPACT
The requested rate adjustment will increase residential rates, increasing Republic
Services overall revenue by approximately 4%; the average impact to residential
users will range from $0.80(20 gallon cart)to $1.50 per-month (90 gallon cart)
depending on cart size. Commercial and industrial rates will be adjusted in
similar proportion, depending on use.
Attachments
Attachment A –Resolution
Attachment B –Solid Waste Management Ordinance
Attachment C–2460Republic Services’ Proposal
46
Attachment A
Page 1 of 2
COUNCIL BILL NO. 2961
RESOLUTION NO. 2049
A RESOLUTION APPROVINGAN ADJUSTED RATE SCHEDULE FOR PROVIDING SOLID
WASTE SERVICE WITHIN THE CITY OF WOODBURN AND REPEALING RESOLUTION
2019
Ordinance 2460grants an exclusive franchise to United Disposal
WHEREAS,
Services, Inc. (“United Disposal”)dba Allied Waste Services of Marion County-
Woodburnto collect, transport, and convey solid waste in the City; and
Allied Waste Services of Marion County has merged into
WHEREAS,
Republic Services and United Disposal, Inc. now does business as Republic
Services of Marion County-Woodburn; and
the City Council previously adopted Resolution 2019 which
WHEREAS,
established certain rates; and
United Disposal has requested an adjustment to its residential
WHEREAS,
and commercial rates and has submitted satisfactory evidence to the City
Council to justify the proposed rate schedule;and
the City Council held a public hearing to receive testimony and
WHEREAS,
other evidence regarding the proposed rate schedule;
NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
That the Council finds that the rates proposed by United
Section 1.
DisposalInc., dba Republic Services of Marion County-Woodburnare fair and
appropriate under the existing franchise. In making this determination, the
Council has considered the following factors pursuant to Section 4 of Ordinance
2460:
(1)increases in operating or capital costs;
(2) increases in City population;
(3) extension of City boundaries;
(4) increase of intensive residential, commercial or industrial
development within the City;
(5) changes in solid waste or recycling technology;
Page 1 – Council Bill No. 2961
Resolution No. 2049
47
Attachment A
Page 2 of 2
(6) changes in regulatory requirements;
(7) inability of Franchisee to adequately handle increased
needs for said service;
(8)the rates in other cities for similar services;and
(9)the public interest by assuring reasonable rates to enable
Franchisee to provide efficient and beneficial service to
user of the service.
That the rate schedule affixed as Exhibit “1” and by this
Section 2.
reference incorporated herein, is approved.
. The rate schedule approved in Section 2 of this resolution shall
Section 3
be effectiveJuly 1, 2014.
Resolution 2019is repealed effectiveJuly 1, 2014.
Section 4.
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, City Recorder
City of Woodburn, Oregon
Page 2 – Council Bill No. 2961
Resolution No. 2049
48
49
50
51
52
53
Attachment B
Page 1 of 31
54
Attachment B
Page 2 of 31
55
Attachment B
Page 3 of 31
56
Attachment B
Page 4 of 31
57
Attachment B
Page 5 of 31
58
Attachment B
Page 6 of 31
59
Attachment B
Page 7 of 31
60
Attachment B
Page 8 of 31
61
Attachment B
Page 9 of 31
62
Attachment B
Page 10 of 31
63
Attachment B
Page 11 of 31
64
Attachment B
Page 12 of 31
65
Attachment B
Page 13 of 31
66
Attachment B
Page 14 of 31
67
Attachment B
Page 15 of 31
68
Attachment B
Page 16 of 31
69
Attachment B
Page 17 of 31
70
Attachment B
Page 18 of 31
71
Attachment B
Page 19 of 31
72
Attachment B
Page 20 of 31
73
Attachment B
Page 21 of 31
74
Attachment B
Page 22 of 31
75
Attachment B
Page 23 of 31
76
Attachment B
Page 24 of 31
77
Attachment B
Page 25 of 31
78
Attachment B
Page 26 of 31
79
Attachment B
Page 27 of 31
80
Attachment B
Page 28 of 31
81
Attachment B
Page 29 of 31
82
Attachment B
Page 30 of 31
83
Attachment B
Page 31 of 31
84
Attachment C
Page 1 of 12
Republic Services of Marion County
2014 Rate Proposal for existing services
roposed rates, effective 7/1/14
P
1
85
Attachment C
Page 2 of 12
Republic Services of Marion County
City of Woodburn
tatement of Income
S
For the twelve months ended December 31, 2013
2014 Projected2014 Projected
No Rate % With 4% Rate
%
20122013ChangeChangeChangeChange Jul 1% Change
Revenue 3,887,015 4,107,5075.7%4,107,507 0.0%4,203,349 2.3%
Cost of Operations 2,941,243 3,118,0556.0%3,196,532 2.5%3,200,854 2.7%
Gross Profit 945,772 989,4524.6%910,975 -7.9%1,002,495 1.3%
Salaries, General and Administrative 435,265 417,413-4.1%427,431 2.4%427,431 2.4%
Operating Income 510,507 572,03912.1%483,544 -15.5%575,064 0.5%
Provision for Income Taxes 204,203 228,81612.1%193,418 -15.5%230,026 0.5%
Income 306,304 343,22412.1%290,127 -15.5%345,038 0.5%
Income as a Percentage of Revenue7.9%8.4%7.1%8.2%
2
86
Attachment C
Page 3 of 12
Republic Services of Marion County
City of Woodburn
Proforma Schedule of Direct Expenses
For the twelve months ended December 31, 2013
2014 Projected% 2014 Projected%
%
20122013ChangeNo P.I.Changewith 4% P.I.Change
COST OF OPERATIONS
Labor 618,133 586,373-5.1% 611,0004.2%611,000 4.2%
Repairs and Maintenance 220,231 206,879-6.1% 212,0512.5%212,051 2.5%
Fuel 181,278 170,150-6.1% 174,4042.5%174,404 2.5%
Vehicle Operating Costs 49,701 58,72118.1% 67,82315.5% 67,82315.5%
Facility 140,388 120,996-13.8% 123,4162.0%123,416 2.0%
Insurance 87,624 88,1410.6% 93,4306.0% 93,4306.0%
Disposal 1,167,105 1,340,23914.8%1,340,239 0.0%1,340,239 0.0%
Commodity Rebates99,194109,47210.4%109,4720.0%109,4720.0%
Franchise Fees 174,958 185,2465.9% 185,2460.0%189,569 2.3%
Other Operating Costs 866 27.8%1,107 1,1403.0% 1,1403.0%
Depreciation 201,745 250,73124% 278,31111.0%278,311 11.0%
TOTAL COST OF OPERATIONS 2,941,223 3,118,0555.9%3,196,532 2.5%3,200,854 2.7%
437,931 417,41311.7% 427,4312.4%427,431 2.4%
TOTAL SALARIES, GENERAL & ADMINISTRATIVE
3
87
Attachment C
Page 4 of 12
Republic Services of Marion County -2011-2013 Cost Structure
201120122013
Disposal 1,143,881 1,167,105 1,340,239
4444444A4444
Labor 520,109 618,133 586,373
Fuel & Vehicle 468,748 451,210 435,750
Admin Expenses 437,932 437,931 417,413
Depreciation 237,004 201,745 250,731
Facility Expenses 154,257 140,388 120,996
Franchise Fees 180,867 174,958 185,246
3193482
201120122013
DisposalLaborFuel & VehicleAdmin ExpensesDepreciationFacility ExpensesFranchise Fees
4
88
Attachment C
Page 5 of 12
Cumulative Price Increases v. Inflation -1998-2013
Woodburn
Rate CPI
Increase(Portland)Cumulative PICumulative CPI
19980.00%1.90%0.00%1.90%
45.00%
19990.00%3.30%0.00%3.80%
20000.00%3.10%0.00%7.10%
40.00%
20010.00%2.50%0.00%10.20%
20020.00%0.80%0.00%12.70%
35.00%
20030.00%1.40%0.00%13.50%
20040.00%2.60%0.00%14.90%
30.00%
20058.00%2.60%8.00%17.50%
2006 4.00%2.60%12.00%20.10%
25.00%
20070.00%3.90%12.00%22.70%
20080.00%3.70%12.00%26.60%
20.00%
20090.00%3.70%12.00%30.30%
20106.00%1.30%18.00%34.00%
15.00%
20110.00%2.90%18.00%35.30%
20122.60%3.00%20.60%38.20%
10.00%
20130.00%1.50%20.60%41.20%
12.00%40.80%
5.00%
0.00%
Rate Increase summary
1998199920002001200220032004200520062007200820092010201120122013
2/1/07 Increase in service, residential commingle cart program
7/1/06 4% increase
5/1/05 8% increase
Cumulative PICumulative CPI
5
89
Attachment C
Page 6 of 12
Republic Services of Marion County
2014 Rate Proposal
Proposed rates, effective 7/1/14
CurrentProposed% Change$ Change
Residential Cart Rates
$ .00$ 20.804%0.80$
20 gallon20
35 gallon$ 22.75$ 23.704%0.95$
65 gallon$ 32.30$ 33.604%1.30$
90 gallon$ 36.50$ 38.004%1.50$
Commercial Rates
35 gallon$ 19.90$ 20.704%0.80$
65 gallon$ 29.30$ 30.504%1.20$
90 gallon$ 38.75$ 40.304%1.55$
1 yard$ 87.05$ 90.604%3.55$
1.5 yard$ 115.65$ 120.304%4.65$
2 yard$ 148.65$ 154.604%5.95$
3 yard $ 222.90$ 231.904%9.00$
4 yard$ 297.15$ 309.104%11.95$
5 yard$ 371.40$ 386.304%14.90$
6 yard$ 439.15$ 456.804%17.65$
8 yard$ 585.60$ 609.104%23.50$
Industrial Rates
10 yard$ 129.50$ 134.704%5.20$
20 yard$ 146.00$ 151.904%5.90$
30 yard$ 165.00$ 171.604%6.60$
40 yard$ 183.50$ 190.904%7.40$
90 gallon cart upgrade$ 1.65
Additional 90 gallon cart$ 11.60
Additional 65 gallon cart$ 11.50
6
90
Attachment C
Page 7 of 12
Republic Services of Marion County
2014 Rate Proposal
Proposed rates, effective 7/1/14
CurrentProposedSilvertonHubbardMarion Co.Mt. AngelStayton
Service Level
65gR=65g Mixed Recycle Cart/Bin 65gR B65gR B90gR W90gR B90gR B90gR B90gR B
90gR=90g Mixed Recycle Cart/Bin 65gY W65gY W65gY W90gY B(no Bin)90gY B65gY W
65gY=65g Yd Debris Cart
90gY=90g Yd Debris Cart
B = Bi-Weekly
W = Weekly
Residential Cart Rates
20 gallon$ 20.00$ 20.80$ 21.25$ 21.10$ 26.75$ 19.50$ 20.80
35 gallon$ 22.75$ 23.70$ 24.30$ 23.65$ 27.50$ 21.95$ 24.50
65 gallon$ 32.30$ 33.60$ 29.40$ 27.50$ 34.35$ 27.10$ 33.30
90 gallon$ 36.50$ 38.00$ 31.45$ 31.30$ 41.85$ 29.85$ 37.30
Commercial Rates
35 gallon$ 19.90$ 20.70$ 17.20$ 18.65$ 22.75$ 17.35$ 17.95
65 gallon$ 29.30$ 30.50n/an/a$ 34.25$ 22.80$ 29.60
90 gallon$ 38.75$ 40.30$ 27.35$ 36.70$ 44.15$ 28.10$ 39.20
1 yard$ 87.05$ 90.60$ 89.15$ 107.80$ 77.20$ 92.20$ 94.60
1.5 yard$ 115.65$ 120.30$ 118.50$ 143.10$ 103.45$ 122.35$ 117.45
2 yard$ 148.65$ 154.60$ 152.00$ 185.25$ 132.75$ 157.45$ 154.45
3 yard $ 222.90$ 231.90$ 214.80$ 278.35$ 199.50$ 222.70$ 219.45
4 yard$ 297.15$ 309.10$ 277.60$ 370.80$ 265.80$ 298.35$ 274.20
5 yard$ 371.40$ 386.30$ 366.70$ 433.65$ 333.00$ 366.05$ 317.65
6 yard$ 439.15$ 456.80$ 404.20$ 555.80$ 356.80$ 433.70$ 352.30
8 yard$ 585.60$ 609.10$ 529.80$ 741.10$ 475.00$ 508.20$ 461.30
Industrial Rates
10 yard$ 129.50$ 134.70$ 123.60$ 140.10$ 148.50$ 126.70$ 169.80
20 yard$ 146.00$ 151.90$ 134.75$ 158.60$ 148.50$ 139.05$ 169.80
30 yard$ 165.00$ 171.60$ 150.00$ 179.20$ 169.40$ 156.35$ 169.80
40 yard$ 183.50$ 190.90$ 177.40$ 198.80$ 218.00$ 178.20$ 169.80
7
91
Attachment C
Page 8 of 12
WOODBURN RATE SHEET
Proposed rates, effective 7/1/14
COMMERCIAL RATES
SIZECOMM.EXTRA
CARTTRIP (EXT)
$20.70$20.20
35 gallon
$30.50$22.60
65 gallon
$40.30$25.10
90 gallon
$6.36
CBB
Yard Cart$11.13
Extra Trip (EXT) - OFF ROUTE: 1/4 MONTHLY RATE + $15 (round to nearest $.05)
Request to change or switch container:$39.00
Container re-delivery/re-start for non-pmt:$29.00
SIZEONE TWO THREEFOURFIVEEXTRA
(loose)X/WEEKX/ WEEKX/WEEKX/WEEKX/WEEKTRIP
$90.60$179.39$262.74$342.47$442.13$34.65
1 yard
$120.30$238.19$348.87$454.73$587.06$42.08
1.5 yard
$154.60$306.11$448.34$584.39$754.45$50.65
2 yard
$231.90$459.16$672.51$876.58$1,131.67$69.98
3 yard
$309.10$612.02$896.39$1,168.40$1,508.41$89.28
4 yard
$386.30$764.87$1,120.27$1,460.21$1,885.14$108.58
5 yard
$456.80$904.46$1,324.72$1,726.70$2,229.18$126.20
6 yard
8 yard$609.10$1,206.02$1,766.39$2,302.40$2,972.41$164.28
Manual Service rate:
1-2 empties per week:$19.00/month/container
3-6 empties per week:$22.00/month/container
*Cardboard available w/weekly service for NO CHARGEEXY (extra yardage):
*Compacted containers charged @ 2.5 X's loose rate
$26.00 / yard
TEMPORARY CONTAINERS
SIZETOTALDELIVERYDISPOSALEXY
3 yard$131.00$46.00$85.00$24/yard
Rent charge (*apply 7 days from delivery date):
Day:$7.00
Month: $90.00
8
92
Attachment C
Page 9 of 12
WOODBURN RATE SHEET
Proposed rates, effective 7/1/14
INDUSTRIAL-DROP BOX RATES
Rent charge (*apply 4 days from delivery date):
Screen box, per haul: $15.00
Temporary:Permanent:
Relocate, per box: $55.00
(more than two hauls/month)
Day:$12.00Day:$8.00Liner, per box: $55.00
Month: $135.00 Month: $98.00Dry run, per box: $55.00
Overweight, per box: $130.00
SIZETOTAL DELIVERYHAULDISPOSALCOMPACTOR HAUL
*weight limit is 10 tons/
*Disposal: 111% of
20,000 pounds
WTEF rate ($67.45)
GARBAGE10 yard
10 yard$278.90$43.00$134.70$101.20$163.90/haul
20 yard$397.30$43.00$151.90$202.40$74.87/ton disp.
30 yard$504.45$43.00$171.60$303.60 15 yard
40 yard$638.70$43.00$190.90$404.80$174.40/haul
$74.87/ton disp.
20 yard
$184.85/haul
Unacceptable drop box items:
Hazardous materials, televisions, computer monitors and modems. $74.87/ton disp.
25 yard
Tires and appliances will incur additional disposal costs (per item);$195.30haul
$74.87/ton disp.
30 yard
Passenger without rims$195.30/haul
$5.00
Passenger with rim$74.87/ton disp.
$6.00
Truck without rims
$10.0040 yard
Truck with rims$227.85/haul
$16.00
Tractor-falls under hourly labor rate$74.87/ton disp.
Large appliances that contain Freon
$30.00
Large appliances without Freon
N/C
9
93
Attachment C
Page 10 of 12
WOODBURN RATE SHEET
Proposed rates, effective 7/1/14
RESIDENTIAL RATES
n/Fri.
Pick-up dates: Mo
Included with service weekly:
Trash
Bi-weekly:
65G Mixed Recycle Cart and Bin
SIZEPKG
PRICE
20 gallon
REGULAR $20.80
OPT OUT - 35g RC CART$18.72
35 gallon
REGULAR $23.70
NON-CURB
HARDSHIP
OWN CAN
65 gallon
REGULAR $33.60
NON-CURB
HARDSHIP
OWN CAN
90 gallon
REGULAR $38.00
NON-CURB
HARDSHIP
OWN CAN
Return fee:$13.00 Additional Yard Debris cart:
On-call pick-up:$12.0065G: $11.85/month
Sharps:$16.0090G: $12.00/month
Recycle only: $7.00
Extra can/bag/box: $7.00A late fee of 18% per annum with a $5.00
Request to change or switch container: $20.00monthly minimum will be charged for
non-payment after 30 days from invoice
(after allowed one change @ n/c)
Recycle/Yard cart contaminated:$13.00/cartdate.
A $25.00 Service Interupt Fee will be
charged 45 days from invoice date
MFC Apts & Mobile Home Parks
(4 or more adjoining units, under one billing)
SIZEW/REC
& BIN
20 gallon
35 gallon$25.40
65 gallon$34.55
90 gallon$39.00
10
94
Attachment C
Page 11 of 12
WOODBURN SUPPLEMENTAL SERVICES
Proposed rates, effective 7/1/14
TYPE OF SERVICERATE
Hourly labor rates (port to port):
$2.25/minute (one person, one truck)
$3.15/minute (two persons, one truck)
Special services not listed:
Hauler will charge the reasonable cost of collection and disposal.
Charge to be related to a similar schedule fee where possible.
Appliances:
Large appliances that contain Freon (accessible @ curb)
$30.00
Large appliances without Freon (accessible @ curb)
$10.00
Bathtub/Sink/Toilet:
Fiberglass tub/shower
$15.00
Cast iron tub/shower$ negotiable
Toilet
$13.00
Sinks
$13.00
Car Batteries:
Return to place or purchase or call recycle hotline for drop off locations,
503.588.5169
For Hauler to pick up at curb
$13.00
Carpets:
Wet/dry
$30.00/yard
Christmas Trees:
Tinsel or flocked trees-garbage disposal rates would apply
$15.00
Residential Green-picked up at curb:
Two weeks following Christmas day:
$0.00
Commercial (accessible @ curb)
$15.00
Large furniture: $30.00
(per item)
Small furniture:$20.00
(per item)
Hide-a-bed:$30.00
(per item)
Mattresses:
Twin mattress
$10.00
Twin box spring
$10.00
Double/queen mattress
$15.00
Double/queen box spring
$15.00
King mattress
$20.00
King box spring
$20.00
11
95
Attachment C
Page 12 of 12
Customers shall not place hazardous chemicals, paints, corrosive materials, hot ashes or dirt/rocks
into the carts or bins.
Damaged carts or bins due to noncompliance with the above restrictions, or unretrieved carts or
bins may be replaced by the hauler the below cost to the customers:
Damaged or unretrieved carts or bin:
Cart:$79.00Each
Bin$13.00Each
Vacation credit:
There will be a prorated credit allowed on the regular monthly charge for service which is canceled
for two weeks or more, when Hauler is notified no later than noon on the business day, excluding
weekends, prior to the date of discontinuance.
No credit will be allowed for service which is canceled for less than two weeks.
Return trip fee:
Where the customer does not have the cart, container or drop box at the regular location ready to
be emptied when the hauler's truck arrives is subject to a return trip fee as detailed on the rate
structure spreadsheets.
Manual Service Charge:
Receptacle(s) must be located in a single location with acceptable vehicle turning radius and
adequate drive up access. Receptacle(s) must be accessible without manual movement, if manual
movement by driver is required in order to service receptacle(s),
a monthly manual service charge will apply.
Bankruptcy and account closures for failure to pay:
Payment of service provided and two months advance payment required for residential and
commercial service. Payment is due at delivery of service for industrial service.
Service interrupt fee/late fees:
A late fee of 18% per annum with a $5.00 monthly minimum will be charged for
non-payment after 45 days from invoice date for all lines of business.
Flat fee of $25.00 will charged after 60 days of non-payment for all lines of
business.
12
96
Agenda Item
June 23, 2014
TO:Honorable Mayor and City Council through City Administrator
FROM: Jim Hendryx, Directorof Economic & Development Services
SUBJECT:
City Council approval of Zone Change 2014-01, Design Review
2014-01, Partition 2014-02, and Property Line Adjustment 2014-01,
located at 777 Arney Road (Deacon Development Group)
RECOMMENDATION:
Adopt the attached Ordinance.
BACKGROUND AND DISCUSSION:
In 1998, the City Council approved a conditional zoning restriction that limited
use of the property to an auto dealership. The applicant requested a Zone
Change to remove the conditional zoning restriction, a Design Review for four
retail and restaurant buildings totaling approximately 39,000 square feet, a
Partition to divide one parcel into three, and a Property Line Adjustment to
relocate an existing property line.
The Planning Commission held a public hearing on May 22, 2014, and forwarded
the matter to the Council with a unanimous recommendation of approval.
The Council conducted a public hearing on the proposal at its meeting of June
9, 2014, received testimony from staff, the applicant, and one nearby property
owner, and unanimously voted to approve the cases and direct Staff to prepare
the attached Ordinance.
FINANCIAL IMPACT:
This decision is anticipated to have no direct public sector financial impact.
Agenda Item Review:City Administrator ___x___City Attorney __x____Finance __x___
97
COUNCIL BILL NO. 2960
ORDINANCE NO. 2519
AN ORDINANCEGRANTING ZONE CHANGE 2014-01ON THE PROPERTY LOCATED
AT 777 ARNEY ROAD IN ORDER TO REMOVE A SPECIAL OPERATING
CONDITION AND GRANTING APPLICATIONS FOR DESIGN REVIEW 2014-01,
PARTITION 2014-02 AND PROPERTY LINE ADJUSTMENT 2014-01 AS PREVIOUSLY
APPROVED BY THE WOODBURN PLANNING COMMISSION
in 1997, the City Council adopted Ordinance 2202, which
WHEREAS,
rezoned the below-described Subject Property from Interchange District (ID) to
Commercial Retail (CR) and further restricted the use of the Subject Property by
the imposition of Condition 2 as follows: "Approval of the zone change to
Commercial Retail is for the proposed Auto dealership only."and;
when the Woodburn Development Ordinance was adopted in
WHEREAS,
2002, it changed the Commercial Retail (CR) zone designation to Commercial
General (CG); and
the applicant has requested that the below-described Subject
WHEREAS,
Property be rezoned to remove Condition 2 and allow any use listed in the CG
zone; and
the applicant also requested approval of Design Review 2014-
WHEREAS,
01, Partition 2014-02 and Property Line Adjustment 2014-01 on the Subject
Property; and
the Woodburn Planning Commission held a public hearing on
WHEREAS,
May 22, 2014 and granted Design Review 2014-01, Partition 2014-02 and
Property Line Adjustment 2014-01; and
the Planning Commission further recommended that Zone
WHEREAS,
Change 2014-01 be granted by the City Council; and
the City Council conducted a public hearing on June 9, 2014
WHEREAS,
and directed staff to prepare an ordinance granting Zone Change 2014-01 and
affirming the action of the Woodburn Planning Commission granting Design
Review 2014-01, Partition 2014-02 and Property Line Adjustment 2014-01;
NOW,
THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Council Bill No. 2960
Page 1 -
Ordinance No. 2519
98
That the Subject Property is located at 777 Arney Road, Tax Lot
Section 1.
052W12B00701 and is shown in Exhibit A, attached hereto.
That Condition 2 is removed as a restriction on the use of the
Section 2.
Subject Property and the zone designation of the Subject Property shall be
Commercial General (CG), with all uses allowed which are currently permitted
in the Commercial General(CG) zone.
That applications for Design Review 2014-01, Partition 2014-02
Section 3.
and Property Line Adjustment 2014-01 on the Subject Property, which were
previously approved by the Woodburn Planning Commission, are also granted
That granting of the applications regarding the Subject Property
Section 4.
are based on the Findings and Conclusions attached hereto as Exhibit B.
That granting of the applications regarding the Subject Property
Section 5.
are subject to the Conditions of Approval attached hereto as Exhibit C.
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,City Recorder
City of Woodburn, Oregon
Council Bill No. 2960
Page 2 -
Ordinance No. 2519
99
100
Department of Economic
& Development Services
Planning Division
-5246
EXHIBIT B – FINDINGS AND CONCLUSIONS
ZC 2014-01, DR 2014-01, PAR 2014-02, PLA 2014-01
Applicable criteria from the Woodburn Development Ordinance (WDO)are Sections: 1.01, 1.02,
2.01, 2.03, 2.05, 3.01, 3.02, 3.03, 3.04, 3.05, 3.06, 3.07, 3.08, 3.10, 4.01, 5.01, 5.02, and 5.03,
and 5.04. Additional relevantcriteria are the goals and policies of the Woodburn Comprehensive
Plan, the accessible parking standards of Section 1104 of the Oregon Structural Specialty Code
and ORS 447.233, and the standards of the Transportation System Plan (TSP).
Findings: Per Section 4.01.07, all applications are processed following the procedures applicable
for the highest type decision requested. It is the express policy of the City that development
review not be segmented into discrete parts in a manner that precludes a comprehensive review
of the entire development and its cumulative impacts.
Findings: Per Section 5.01.08, Property Line Adjustmentsare Type I decisions. The current
application is for a Property Line Adjustment to relocate the existing property line between tax
lots 052W12B00701 and 052W12B01000.
Findings: Per Section 5.02.05, Partitions are Type II decisions. The current application is for a
Partition to divide one parcel (tax lot 052W12B00701) into three.
Findings: Per Section 5.03.02.B, Design Reviews for structures greater than 2,000 square feet in
the CG zone are Type III decisions. The current application is for four retail and restaurant
buildings totaling 39,500 square feet.
Findings: Per Section 5.04.04, Zoning Map changes initiated by the property owner are Type IV
decisions. The current application to remove a conditional zoning restriction that limits the
property to automotive-related uses was initiated by the property owner.
Conclusions: The applications are consolidated and processed as a Type IV decision. The
Planning Commission considers the case and makes a recommendation to the City Council. The
City Council is the final decision-maker.
Findings: Per Section 4.02.07, a request to modify a condition of approval is to be considered
pursuant to the procedure, standards, and criteria applicable to a new application of the type of
permit or zone change that is proposed to be amended, except that the modification of a
condition limiting the use of property may only be considered as a Type IV Official Zoning Map
Change application. The application includes a Type IV Zone Change to remove a condition
limiting the use of property.
Conclusions: The applicationcomplieswith Section 4.02.07.
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WDO 2.03 Commercial Zones
Findings:Table 2.03A lists the uses allowed in the CG zone. Ordinance 2202 restricts the use of
the property to an auto dealership. The Zone Change request is to remove this restriction.
Uses Allowed in Commercial Zones
Table 2.03A(excerpt)
UseZone
Accessory Uses (A) Conditional Uses (CU) Permitted Uses (P)
CG
Special Permitted Uses (S) Specific Conditional Uses (SCU)
BCommercial Retail and Services
3Bakeries, delicatessens, grocery and convenience storesP
21
Restaurants and drinking places P
22
Retail trade offering goods and services directly to customers P
Conclusion: The proposed retail and restaurant uses would be permitted uses if the restriction to
an autodealershipis removed.
Findings: Table 2.03C lists development standards of the CG zone.
Commercial General (CG) -Site Development Standards
Table 2.03C (excerpt)
Lot Area, Minimum (square feet)No minimum
Lot Width, Minimum (feet)No minimum
Lot Depth, Minimum (feet)No minimum
Street Frontage, Minimum (feet)No minimum
Front Setback and Setback Abutting a Street, Minimum (feet)5
5
Side or Rear Setback, Minimum (feet)Abutting CG zone0 or 5
Lot Coverage, MaximumNot specified 2
Primary or accessory structure70
Building Height,
Maximum (feet)
Features not used for habitation100
2.Lot coverage is limited by setbacks, off-street parking, and landscaping requirements.
5.A building may be constructed at the property line, or shall be set back at least five feet.
Findings:Table 2.03C requires a setback of fivefeet abutting a street, and side and rear setbacks
of zeroor fivefeet. The site plan (Attachment A) shows buildings A and B to have a zero
setback from the common side lot line. Otherwise, all buildings arelocated at least fivefeet
from all lot lines.
Conclusion:The proposed development is conforming with respect to setbacks.
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Findings:Table 2.03C provides that the minimum building setback from a private access
easement shall be fivefeet. The site plan (Attachment A) shows no private access easement.
Conclusion:The proposed development is conforming with respect to the setback from a private
access easement.
Findings: Table 2.03C sets the maximum height of buildings at 70 feet. The elevation drawings
(Attachments G and H) show building Aas 29 feet in height, building B as 26 feet in height,
building C as 24 feet in height, and building D as 22 feet in height.
Conclusion: The proposed development is conforming with respect to building height.
WDO 2.05.02Interchange Management Area Overlay District
Findings: Section 2.05.02.B states that the provisions of this Section apply to all Type II – V land
use applications that propose to allow development that will generate more than 20 peak hour
vehicle trips on parcels identified in Table 2.05A. The provisions of this Section apply to all
properties within the boundary of the IMA.
Conclusions: The proposed development is not subject to the IMA trip budget, but is subject to
other provisions of Section 2.05.02 – including the requirement for a Traffic Impact Analysis
(TIA) and coordination with the Oregon Department of Transportation (ODOT).
Findings:Section 2.05.02.C establishes trip budgets for parcels listed in Table 2.05A. Neither of
the subject parcels islisted in Table 2.05A.
Conclusion: The proposed development is not subject to the IMA trip budget, since neither
existing parcel is listed in Table 2.05A.
Findings: Section 2.05.02.D.1 requires a Traffic Impact Analysis (TIA) for all land use
applications in the IMA. The application submittal included a TIA(see submittal exhibit E).
Conclusion: The proposed development complies with Section 2.05.02.D.1, since it does not
significantly impact the transportation system.
Findings: Section 2.05.02.D.2 requires that the Oregon Department of Transportation (ODOT)
be notified in writing when the application is deemed complete, and be given at least 20 days to
provide written comments to the City. Notice to ODOT was mailed on May 2, 2014, together
with revised drawings and the Traffic Impact Analysis.
Conclusion: The procedural requirements of Section 2.05.02.D.2 have been satisfied.
Findings: Section 2.05.02.F requires certain findings for Zone Changes, but exempts “Zoning
Map amendments that result in conformance with the applicable Comprehensive Plan Map
777 Arney Road (ZC 2014-01, DR 2014-01, PAR 2014-02, PLA 2014-01) Page 3 of 22
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designation”. The proposed Zone Change results in conformance with the applicable
Comprehensive Plan Map designation.
Conclusion: Section 2.05.02.F does not apply to the proposed development, since the application
is in conformance with the property’s Commercial designation on the Comprehensive Plan Map.
Findings: Section 2.05.02.G.1 provides that the proposed development shall not, in combination
with other approved developments subject to this Section, exceed the IMA trip budget of 2,500
peak hour vehicle trips. Neither of the subject parcels islisted in Table 2.05A.
Conclusion:The proposed development complies with Section 2.05.02.G.1, since neither
existing parcel is listed in Table 2.05A and the overall trip budget is not exceeded.
Findings: Section 2.05.02.G.2 requires that peak hour vehicle trips generated by the proposed
development shall not exceed the maximum peak hour vehicle trips specified in Table 2.05A for
the subject parcel …. Neither of the subject parcels is listed in Table 2.05A.
Conclusion: Section 2.05.02.G.2 does not apply to the proposed development, since neither
existing parcel is listed in Table 2.05A.
Findings: Section 2.05.02.G.3 requires that Transportation Demand Management (TDM)
measures shall be required to minimize peak hour vehicle trips and shall be subject to annual
review by the City. Neither of the subject parcels is listed in Table 2.05A.
Conclusion:Section 2.05.02.G.3 does not apply to the proposed development, since neither
existing parcel is listed in Table 2.05A.
WDO 3.01Streets
Findings: Section 3.01.02.A provides that no development shall be approved, or access permit
issued, unless the internal streets, boundary streets and connecting streets are constructed to at
least the minimum standards set forth in this Section, or are required to be so constructed as a
condition of approval. As set forth below, the streets serving this development meet or will meet
the minimum standards of this Section.
Conclusion: The proposed development complies with Section 3.01.02.A.
Findings: Section 3.01.03.C provides that the minimum improvements for a Boundary Street
shall be:
1.One paved 11-foot travel lane in each direction;
2.On-street parking on the side of the street abutting the development, if on-street parking
is indicated in the TSP;
3.Curb on the side of the street abutting the development;
4.Drainage facilities on the side of the street abutting the development;
5.Street trees on the side of the street abutting the development; and
777 Arney Road (ZC 2014-01, DR 2014-01, PAR 2014-02, PLA 2014-01) Page 4 of 22
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6.A sidewalk on the side of the street abutting the development.
Findings: Arney Road is a Boundary Street for the proposed development. Arney Road is an
ODOT facility. ODOT plans for the I-5 interchange project show the proposed cross-section of
Arney Road as 48 feet of improved surface, with a 4½ foot planter strip and a six foot sidewalk
abutting the subject property.
Findings: Sprague Lane is a Boundary Street for the proposed development. Sprague Lane is a
City facility. The existing cross-section of Sprague Lane is a 60-foot right-of-way improved
with (southwest to northeast), a tenfoot planter strip with street trees, a five foot curb-tight
sidewalk, a five foot bike lane, two twelve foot travel lanes, a five foot bike lane, a four foot
planter strip, and a fivefoot sidewalk. City maps show storm drain facilities in Sprague Lane.
Conclusions: Both Arney Road and Sprague Lane have the minimum improvements required of
a Boundary Street. The proposed development complies with Section 3.01.03.C.
Findings: Section 3.01.03.D provides that the minimum improvements for a ConnectingStreet
shall be one paved 11-foot travel lane in each direction. Arney Road is a Connecting Street for
the proposed development. Arney Road is an ODOT facility. ODOT plans for the I-5
interchange project show the proposed cross-section of ArneyRoad as 48 feet of improved
surface, with a 4½ foot planter strip and a six foot sidewalk abutting the subject property.
Conclusions:Arney Road hasthe minimum improvements required of a Connecting Street. The
proposed development complies with Section 3.01.03.D.
Findings: Section 3.01.04 provides that public streets under the jurisdiction of the City must
comply with the cross-sections depicted. Arney Roadis classified as a Service Collector and is
an ODOT facility. Sprague Lane is classified as a Commercial Street.The existing
cross-section of Sprague Lane is a 60-foot right-of-way, improved with (southwest to northeast)
a 1tenfoot planter strip with street trees, afivefoot curb-tight sidewalk, afive foot bike lane,
two twelve foot travel lanes, a five foot bike lane, a four foot planter strip, and a five foot
sidewalk.Sprague Lane is a dead-end street and is posted “No Parking” on both sides.
Figure 3.01D – Service Collector
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Figure 3.01E – Access Street / Commercial Street
Conclusions:As noted above, both streets have the minimum improvements required of a
Boundary Street. Arney Road is not under the jurisdiction of the City. Arney Road is not
subject to the provisions of Section 3.01. Sprague Lane is under the jurisdiction of the City.
Sprague Lane is subject to the provisions of Section 3.01. As Sprague Lane is a dead-end street
and is posted “No Parking” on both sides, additional right-of-way dedication for the parking
lanes is not warranted or necessary.
WDO 3.02Utilities and Easements
Findings: Section 3.02.01.A requires dedication of specific easements for the construction and
maintenance of municipal water, sewerage and storm drainage facilities. The utility plan
(Attachment C) shows easement for all proposed utilities. The Public Works Department has not
requested any additional easements under this provision.
Conclusion: The proposed development complies with Section 3.02.01.A.
Findings: Section 3.02.01.B requires a five foot public utility easement along each public street.
Section 3.02.01.C authorizes the Director to require dedication of public utility easements as a
condition of approval for development. The partition plan (Attachment F) shows a 10 foot slope
and utility easement along Arney Road, but does not show an easement along Sprague Lane.
Conclusions: The proposed development partially complies with Section 3.02.01.B. The final
plat must reflect a five foot public utility easement along Sprague Lane.
Findings: Section 3.02.02requires easements along creeks and other water courses.The
property does not contain or abut a water course.
Conclusion: The proposed development complies with Section 3.02.02.
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Findings: Section 3.02.03 requires that public streets abutting a development be illuminated with
street lights installed to the standards of the City and the electric utility. Arney Road and
Sprague Lane are currently provided with street lights.
Conclusion: The proposed development complies with Section 3.02.03.
WDO 3.03 Setbacks and Open Space
Findings: Section 3.03 provides standards for setbacks, special setbacks for streets with less than
adequate right-of-way dedication, projections into setbacks, and vision clearance areas. The site
plan (Attachment A) shows adequate right-of-way dedication, no projections into setbacks, and
no encroachments into the vision clearance areas.
Conclusion:The proposed development complies with Section 3.03.
WDO 3.04Vehicular Access
Findings: Section 3.04.01.A provides that every lot shall have direct access to an abutting public
street or to a public street by an irrevocable access easement. The site plan (Attachment A)
shows that Lots 1 and 4 have direct access to Sprague Lane, and Lots 2 and 3 have access to
Sprague Lane across Lots 1 and 4. An irrevocable access easement is required.
Conclusion:An irrevocable access easement is required for the proposed development to comply
with Section 3.04.01.A.
Findings: Section 3.04.01.B provides that a City permit shall be required for any new or
modified vehicular access to a street that is under City jurisdiction. The project involves a new
access point onto Sprague Lane.
Conclusions: A City access permit is required.
Findings:Section 3.04.03.B.2 provides that a partition should be configured so that lots abutting
a Service Collector have access to a local street. Access to lots with multiple street frontages
should be from the street with the lowest functional classification.Arney Road is a Service
Collector. Sprague Lane is a Commercial Street. The proposed development takes its vehicular
access fromSprague Lane.
Conclusion:The proposed development complies with Section 3.04.03.B.2.
Findings: Section 3.04.05.A provides that a Traffic Impact Analysis (TIA) may be required by
the Director prior to the approval of a City access permit. A TIAwas included in the submittal
package.
Conclusion:The proposed development complies with Section 3.04.05.A.
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Findings: Section 3.04.03.C.1 provides that all uses on a lot shall have common or
interconnected off-street parking and circulation facilities. The site plan (AttachmentA) shows
interconnected parking and access on all four proposed parcels.
Conclusion: The proposed development complies with Section 3.04.03.C.1.
Findings: Section 3.04.03.C.2 provides that similar or compatible uses on abutting lots shall have
interconnected access and parking facilities. The site plan (Attachment A) does not show
vehicular access to abutting lotsto the west.
Conclusion: The proposed development must allow vehicular access from the abutting property
to the west, at the southwest corner of Lot 2, when the abutting property redevelops. This should
be included in the access easement required by Section 3.04.01.A.
Findings:Table 3.04A provides that the throat length of a driveway onto a local streetis a
minimum of 20 feet. The site plan (Attachment A) shows the nearest parking space to be
approximately 27feetfrom Sprague Lane.
Conclusion: The proposed development complieswith Table 3.04A with respect to throat length.
WDO 3.05Off-Street Parking and Loading
Findings: Section 3.05.02.B provides that the off-street parking and loading areas shall either be:
1.Owned in fee title by the owner of the structure or site being served by the parking area,
or
2.Subject to a parking agreement, to the satisfaction of the Director and recorded with the
County Recorder.
Section 3.05.02.D.1 provides that the parking spaces may be located on another site, if such site
is within 500 feet of the site containing the primary building, structure or use.
Section 3.05.02.D.2 provides that the parking spaces must be located either in the same zone, in
a more intensive zone, or in a zone where parking is allowed as a permitted use, or subject to
approval as a conditional use. The site plan (Attachment A) shows that all required parking for
each parcel is located on that parcel.
Conclusion:The proposed development complies with Sections 3.05.02.B, 3.05.02.D.1, and
3.05.02.D.2.
Findings: Section 3.05.02.D.4 provides that off-street parking and storage shall be prohibited
within a setback adjacent to a street, except behind a wall. Per Table 2.03C, the setback abutting
a street is five feet. Section 3.05.02.E provides that off-street parking, loading, and circulation
areas shall be set back from a street or property line a minimum of five feet, unless there is a
shared use agreement to the satisfaction of the Director, verifying shared use between the
separate properties. The site plan (Attachment A) shows that all parking is at least five feet from
Arney Road and Sprague Lane.
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Conclusions: The proposed development complies with Section 3.05.02.D.4. A cross parking
agreement would satisfy the requirements of Section 3.05.02.E.
Finding: Section 3.05.02.F requires that vehicle parking and loading areas be paved to the
standards of Section 3.04.04.
Conclusions: The proposed development presumably complies with Section 3.05.02.F.
Compliance will be verified during the building permit process.
Findings: Section 3.05.02.H requires that off-street parking spaces be constructed with wheel
barriers that prevent vehicles from damaging structures, projecting over walkways so as to leave
less than four feet of unobstructed passage, or projecting over access ways, abutting properties or
rights-of-way. The site plan (Attachment A) shows that all parking spaces abutting walkways,
landscaped areas, or perimeter property lines are limited by curbs.
Conclusion: The proposed development complies with Section 3.05.02.H.
Findings: Section 3.05.02.I requires that off-street parking spaces be designed so that no backing
or maneuvering within a public right-of-way is required. The site plan (AttachmentA) shows
that all parking is accessed by means of on-site maneuvering aisles.
Conclusion: The proposed development complies with Section 3.05.02.I.
Findings: Section 3.05.02.J requires that all uses required to provide 20 or more off-street
parking spaces must have directional markings or signs to control vehicle movement. The site
plan (Attachment A) shows directional pavement markings.
Conclusion: The proposed development complies with Section 3.05.02.J.
Findings: Section 3.05.02.K requires that off-street parking spaces be delineated by double
parallel lines on each side of a space. The total width ofthe lines shall delineate a separation of
two feet. The site plan (Attachment A) shows double stripes.
Conclusion: The proposed development complies with Section 3.05.02.K.
Findings: Section 3.05.02.L provides that illumination shall not shine or reflect onto residentially
zoned property or a public street. For nonresidential uses:
1.Parking and loading areas should be illuminated at an average of 0.2 horizontal
foot-candle at ground level (or 0.5 horizontal foot-candle if the applicant states that
personal security or vandalism is a likely or severe problem), with a maximum
uniformity ratio of 20:1 (maximum to minimum)
2.Entrance areas to the building should be illuminated at an average of 0.5 horizontal
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foot-candle at ground level (or 1.0 horizontal foot-candle if the applicant states that
personal security or vandalism is a likely or severe problem), with a maximum
uniformity ratio of 15:1 (maximum to minimum).
The application submittal did not include a photometric plan.
Conclusions: The proposed development presumably complies with Section 3.05.02.L.
Compliance will be verified during the building permit process.
Note: The proposed development must also comply with the State of Oregon’s energy budget for
outdoor lighting. This building code requirement will be verified during the building permit
process.
Findings:Table 3.05A gives the requiredoff-street parking ratios.
Off-Street Parking Ratio Standards
Table 3.05A (excerpt)
Parking Ratio -spaces per activity unit or
Use
square feet of gross floor area
COMMERCIAL / PUBLIC
5. Food and drinking places 1/ 200 square feet
7. General retail sales (such as food and
beverages, clothing, sporting goods, health and 1/ 250 square feet
personal care items, and motor vehicle parts)
The site plan (Attachment A) shows the following building areas and spaces provided:
BuildingParcelFloor areaParking ratioSpacesrequiredSpaces provided
A123,100 sq. ft.1/ 250 sq. ft.92104
B27,130 sq. ft.1/ 250 sq. ft.2953
C44,400 sq. ft.1/ 200 sq. ft.2246
D34,300 sq. ft.1/ 200 sq. ft.2245
Conclusion: The proposed development complies with Table 3.05A.
Findings: Section 3.05.03.A.2 provides that off-street parking spaces shall not exceed 2.0 times
the amount required in Table 3.05A. The parking provided on each of the four proposed parcels
is less than twice the minimum requirement.
Conclusion: The proposed development complies with Section 3.05.03.A.2.
Findings: Table 3.05A gives the required number of accessible parking spaces. Section
3.05.03.B provides that the accessible spaces shall be included as part of the total required
vehicle parking spaces.
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Accessible Parking Ratio Standards
Table 3.05B
Total SpacesMinimum Total Minimum Van Minimum “Wheelchair
1
Accessible Spaces Accessible SpacesUser Only” Spaces
1 to 25110
26 to 50210
51 to 75310
76 to 100410
101 to 15051
1.“Van Accessible Spaces” and “Wheelchair User Only” are includedin “Total Accessible
Spaces.”
The site plan (Attachment A) shows the following building areas and spaces provided:
Total Accessible SpacesVan-Accessible Spaces
Parking Spaces
Building Parcel
Provided
RequiredProvidedRequiredProvided
A11045512
B2533211
C4462211
D3452311
Conclusions:The accessible parking requirements apply to each parcel individually, not to the
development as a whole. The proposed development does not entirely comply with Table 3.05B.
The property owner must provide at least three accessible parking spaces on Parcel 2.
Findings: Section 3.05.03.C provides that a maximum of 20 percent of the required vehicle
parking spaces may be satisfied by compact vehicle parking spaces. The site plan (Attachment
A) shows a total of 248off-street parking spaces, of which 32 (13%) arecompact parking spaces.
Conclusion: The proposed development complies with Section 3.05.03.C.
Findings: Table 3.05C gives the required dimensions of parking spaces and drive aisles. The
parking spaces shown on site plan (AttachmentA) are all 90°spaces. Standard spaces are called
out as 9 feet wide by 19 feet long (or 17 feet long abutting a landscaped area or walkway).
Compact spaces are called out as 7.5 feet wide by 13 feet long and abut landscaped areas.
Van-accessible spaces are called out as 9 feet wide by 19 feet long with 8-foot accessible aisles.
Car-accessible spaces are called out as 9 feet wide by 17 feet long (abutting a walkway) with
6-foot accessible aisles. Alltwo-way drive aisles are called out as 24 feet wide.A one-way
drive aisle serving compact parking spaces (north of Building A) is called out as 20feet wide.
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Parking Space and Drive Aisle Dimensions
Table 3.05C (excerpt)
Drive Aisle
Stall Curb Stripe Stall to
Parking
Width (feet)
Type of SpaceWidth Length Length Curb
Angle
(feet)(feet)(feet)(feet)
1-way2-way
ABCDEFG
Standard or Accessible9.09.019.019.024.0
Compact7.57.515.015.022.0
90°24.0
Car Accessible Aisle6.06.019.019.0
24.0
Van Accessible Aisle8.08.019.019.0
1.A parking space may occupy up to two feet of a landscaped area or walkway. At least four
feet clear width of a walkway must be maintained.
2.Space width is measured from the midpoint of the double stripe.
3.Curb or wheel stops shall be utilized to prevent vehicles from encroaching on abutting
properties or rights-of-way.
4.The access aisle must be located on the passenger side of the parking space, except that two
adjacent parking spaces may share a common access aisle.
5.Where the angle of parking stalls differ across a drive aisle, the greater drive aisle width
shall be provided.
Conclusions:The proposed development complies with Table 3.05C, except regarding the width
of the one-way drive aisle. The property owner must provide at least a 22-foot one-way drive
aisle serving compact parking spaces.
Findings: Section 3.05.03.E provides that uses that are required to provide 10 or more off-street
parking spaces and residential structureswith four or more dwelling or living units shall provide
a bicycle rack within 50 feet of the main building entrance. The number of required rack spaces
shall be one space per ten vehicle parking spaces, with a maximum of 20 rack spaces.
BuildingParcelParking spaces providedRack spaces requiredRack spaces provided
A1104108
B25352
C44656
D34544
Conclusions:The 20 rack space maximum applies to each parcel individually, not to the
development as a whole. The proposed development does not entirely comply with Section
3.05.03.E. The applicant must provide two additional bicycle rack spaces on Parcel 1 and three
additional rack spaces on Parcel 2.
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Findings:Table 3.05D sets the minimum requirements for loading spaces.
Loading Space Requirements
Table 3.05D (excerpt)
Minimum Size of Space (feet)
Minimum
Use and Area (square feet)
Number of Spaces
WidthLengthHeight
Nonresidential uses, except office, in the
CG zone: 0 – 9,999 1
10,000–41,9992123014
The site plan (Attachment A) shows the following building areas and spaces provided:
BuildingParcelFloor areaLoading Spaces RequiredLoading Spaces Provided
A123,100 sq. ft.22
B27,130 sq.ft.11
C44,400 sq. ft.11
D34,300 sq. ft.11
Conclusion: The proposed development complies with Table 3.05C.
Findings: Section 3.05.04.B provides that off-street loading facilities shall be on the same lot, or
site, as the use or structure they are intended to serve. Required loading spaces and required
parking spaces shall be separate and distinct, except that if authorized through a land use
decision, a parking area may be used for loading during those times when the vehicle parking
area is not in use.
Conclusion: The proposed development complies with Section 3.05.04.B.
Findings: Section 3.05.05 allowsreducedoff-street parking requirements if a mix of daytime and
nighttime or weekend uses is proposed. The applicant has not requested such a reduction.
Conclusions: Section 3.05.05 does not apply to the proposed development. The provisions of
Section 3.05.05 are separate from the shared access and parking provisions ofSections
3.04.01.A, 3.04.03 and 3.05.02.E.
WDO 3.06 Landscaping
Findings: Section 3.06.01.A provides that the landscaping requirements apply to the site area for
all new or expanded non-residential development, parking and storage areas for equipment,
materials and vehicles.
Conclusion: The provisions of Section 3.06.01.A apply to the proposed development and its
related parking.
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Findings:Section 3.06.02.B provides that all required landscaped areas be irrigated unless it is
documented that the proposed landscaping does not require irrigation. The landscape plan
(Attachment K) is annotated “Fully automatic irrigation system to be installed to maintain all
landscape material.”
Conclusion: The proposed development complies with Section 3.06.02.B.
Findings: Section 3.06.02.C provides that all shrubs and ground cover shall be of a size upon
installation so as to attain 80% of ground coverage within 3 years.
Conclusion:The proposed development complies with Section 3.06.02.B.
Findings: Section 3.06.03.A requiresone tree per every entire 50 feet of street frontage. Street
trees along Service Collectors and Commercial Streets must be of a “medium” species (40-60
feet high at maturity). Arney Road is a Service Collector and Sprague Lane is a Commercial
Street. The Bonneville Power Administrationprohibits trees over ten feet high within its
transmission line easement. Arney Road is currently being reconstructed by ODOT as part of the
I-5 interchange project. A site inspection showed that Sprague Lane is provided with 11 street
trees abutting the subject property. The site plan (Attachment A)shows approximately 720 feet
of frontage on Arney Road, and 540 feet of frontage on Sprague Lane.
Conclusions:The proposed development apparently complies with Section 3.06.03.A.
Findings: Table 3.06A sets the landscaping requirement for setbacks abutting a street. The
landscape plan (AttachmentK) shows 368 plant units (PU) in the setback along Arney Road, and
280 plant units in the setback along Sprague Lane, comprised of “3.5’-4’ height small/medium
screening shrubs” of 1 gallon size.
Planting Requirements
Table 3.06A (excerpt)
LocationPlanting Density, MinimumArea to be Landscaped, Minimum
Setbacks abutting a street1 PU/15 square feetEntire setback excluding driveways
Conclusions: The setback along Arney Road requires at least 240 plant units of landscaping
material.The setback along Sprague Lane requires at least 180 plant units of landscaping
material. Landscaping is verified during the building permit process and before final occupancy.
The applicant must specify the species and spacing of shrubs in the setbacks abutting Arney
Road and Sprague Lane to verify compliance with Table 3.06A.
Findings: Table 3.06A sets the landscaping requirement for buffer yards, defined in Section 1.02
as yards improved with landscaping and/or screening to applicable standards of the Woodburn
Development Ordinance, that are located between two land uses of differing character to
minimize potential conflicts and to provide a more aesthetic environment. Abutting properties
are zoned Commercial General (CG) and are developed with commercial uses.
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Planting Requirements
Table 3.06A (excerpt)
LocationPlanting Density, MinimumArea to be Landscaped, Minimum
Buffer yards1 PU/20 square feetEntire yard excluding off-street parking and
loading areas abutting a wall
Conclusions: The proposed development is commercial and is not “of differing character” from
abutting commercial properties. No buffer yard, as defined in Section 1.02, is required.
Findings:Table 3.06A sets the landscaping requirement for “other” yards– areasof the site that
are not subject to other enumerated requirements. The yard between buildings A, B, and D and
the west property line is an “other “ yard. The planting requirement would be satisfied by any
living ground cover (see table 3.06B). The landscape plan (AttachmentK) shows 6-foot high
large screening shrubs along the west property line (except the southerly 70 feet, which is shown
as 3.5’-4’ height small/medium screening shrubs).
Planting Requirements
Table 3.06A(excerpt)
LocationPlanting Density, MinimumArea to be Landscaped, Minimum
Other yards1 PU/50 square feetEntire yard, excluding areas subject to more
intensive landscaping requirements and off-street
parking and loading areas
Conclusions:The proposed development complies with Table 3.06A with respect to other yards.
Findings:Table 3.06A sets the landscaping requirement for off-street parking areas.The
landscape plan (AttachmentK) shows 153,670 square feet of parking, loading, and circulation
area. It also shows 1,700 plant units of landscaping material, called out as a mix of shrubs,
grasses, and groundcover. The plan also shows 34 medium trees(flowering pear and red maple).
The site overall has 248 parking spaces proposed.
Planting Requirements
Table 3.06A (excerpt)
LocationPlanting Density, MinimumArea to be Landscaped, Minimum
1
Off-street 1 small tree per 10 parking spaces; orCGzones: 20% of the paved
1
parking 1 medium tree per 15 parking spaces; or surface area for off-street
1
and 1 large tree per 25 parking spacesparking, loading and circulation
loading andLandscaping shall be within or
2
areas1 PU/20 square feet excluding required trees immediately adjacentto paved
areas
1.Trees shall be locatedwithin off-street parking facilities, in proportion to the distribution of
the parking spaces.
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Planting Requirements
Table 3.06A (excerpt)
LocationPlanting Density, MinimumArea to be Landscaped, Minimum
2.Required landscaping within 20 feet of parking, loading and circulation facilities may also be
counted in calculating landscaping for off-street parking, loading and circulation areas.
Conclusions:The off-street parking and loading areas require at least 1,537 plant units of
landscaping material and 17 medium trees (or 25 small trees or 10 large trees). Landscaping is
verified during the building permit process and before final occupancy. The applicant must
specify the species and number of shrubs in the parking and loading areas to verify compliance
with Table 3.06A.
Findings:Table 3.06A sets the screening requirement for uses in the CG zone. The landscape
plan (Attachment K) shows 6-foot high large screening shrubs along the west property line
(except the southerly 70 feet, which is shown as 3.5’-4’ height small/medium screening shrubs).
The site plan (Attachment A) does not show areas for outdoor storage.
Screening Requirements
Table 3.06D (excerpt)
W = Architectural wall required
D = Architectural wall, fence, or hedge may be required in the Design Review process
Adjacent properties–zone or use that
receives the benefit of screeningCG zone
Property being Developed
– must provide screening if
no comparable screening exists on abutting protected property
CG zoneD
Outdoor storage in CG zoneW 1,3
2
Refuse and recycling collection facilitiesW
1.Screening is only required from the view of abutting streets, parking lots, and residentially
zoned property. Storage shall not exceed the height of the screening.
2.Six to seven feet in height
3.Six to nine feet in height
General notes:
9.Screening is subject to height limitations for Vision Clearance Areas (Section 3.03.06) and
adjacent to streets (Section 2.01.02).
Conclusions:The City Council may require an architectural wall, fence, or hedge at the
perimeter of the property as part of this Design Review. The applicant’s narrative indicates that
the refuse collection facilitiesarescreened in accordance with Table 3.06A. Refuse screening is
verified during the building permit process and before final occupancy.
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Finding: Section 3.06.07 regulates the removal of significant trees (defined in Section 1.02 as
any existing, healthy tree 24 inches or more in diameter, measured five feet above ground level).
Conclusion: The proposed development complies with Section 3.06.07.
WDO 3.07 Architectural Design
Findings: Section 3.07.06 contains the design guidelines applicable to development in the CG
zone. Guidelines are not mandatory requirements, but are community norms that are at the
discretion of the decision-maker.
Findings: Section 3.07.06.B.1 provides that building facades visible from streets and public
parking areas should be articulated, in order to avoid the appearance of box-like structures with
unbroken wall surfaces. The appearance of exterior walls should be enhanced by incorporating
three-dimensional design features, including:
a.Public doorways or passage ways through the building;
b.Wall offsets or projections;
c.Variation in building materials or textures; and
d.Arcades, awnings, canopies or porches.
Conclusion:The proposed development complies with the guidelines of Section 3.07.06.B.1.
Findings: Section 3.07.06.B.2.a provides that building exteriors should exhibit finishes and
textures that reduce the visual monotony of bulky structures and large structural spaces. Building
exteriors should enhance visual interest of wall surfaces and harmonize with the structural design.
Conclusion: The proposed development complies with the guidelines of Section 3.07.06.B.2.a.
Findings: Section 3.07.06.B.2.b(1) provides that at least 30% of the wall surface abutting a street
should be glass.
Conclusion: The development does not comply with the guidelines of Section 3.07.06.B.2.b(1).
Findings: Section 3.07.06.B.2.b(2) provides that all walls visible from a street or public parking
area should be surfaced with wood, brick, stone, designer block, or stucco, or with siding that has
the appearance of wood lap siding.
Conclusion: The development complies with the guidelines of Section 3.07.06.B.2.b(2).
Findings: Section 3.07.06.B.2.b(3) provides that the use of plain concrete, plain concrete block,
corrugated metal, plywood, T-111 and sheet composite siding as exterior finish materials for
walls visible from a street or parking area should be avoided.
Conclusion: The development complies with the guidelines of Section 3.07.06.B.2.b(3).
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Findings: Section 3.07.06.B.2.b(4) provides that the color of at least 90 percent of the wall, roof
and awning surface visible from a street or public parking area should be an “earth tone” color
containing 10 parts or more of brown or a “tinted” color, containing 10 parts or more white.
Conclusion: The development complies with the guidelines of Section 3.07.06.B.2.b(4).
Findings: Section 3.07.06.B.2.b(5) provides that fluorescent, “day-glo,” or any similar bright
color shall not be used on the building exterior. The building elevations (Attachments H and I) do
not show any bright colors.
Conclusion: The development complies with the guidelines of Section 3.07.06.B.2.b(5).
Findings: Section 3.07.06.B.3 provides that the roofline at the top of a structure should establish
a distinctive top to the building, and that the roofline should not be flat or hold the same roof line
over extended distances. Rather, the roofline should incorporate variations, such as:
(1)Offsets or jogs in the plane of the roof;
(2)Changes in the height of the exterior wall for flat roof buildings, including parapet walls
with variations in elevation or cornices.
Conclusion: The proposed development complies with the guidelines of Section 3.07.06.B.3.
Findings: Section 3.07.06.B.4 provides that allroof-mounted equipment, except solar collectors,
should be screened from view.
Conclusions: The proposed development complies with the guidelines of Section 3.07.06.B.4.
This provision is routinely verified during the building permit process.
Findings: Section 3.07.06.B.5 provides that all building faces abutting a street or a public parking
area should provide weather protection for pedestrians. Features to provide this protection
should include:
a.A continuous walkway at least eight feet wide along the face of the building utilizing a
roof overhang, arcade, awnings or canopies
b. Awnings and canopies that incorporate the following design features:
(1)Angled or curved surfaces facing a street or parking area
(2)A covering of fabric, or matte finish vinyl
(3)A constant color and pattern scheme for all buildings within the same development
(4)No internal back lighting.
The floor plans and elevations (Attachments H and I) show awnings at building entrances, but
not continuously along the face of the buildings.
Conclusion: The proposed development does not comply with the guidelines of Section
3.07.06.B.5.
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Findings: Section 3.07.06.B.6 provides that obstruction of existing solar collectors on abutting
properties by site development should be minimized.
Conclusion: The proposed development complies with the guidelines of Section 3.07.06.B.6.
Findings: Section 3.07.06.C provides that building location and orientation should compliment
abutting uses and development patterns, and that the maximum yard abutting a street should be
150 feet. Building B is the building farthest from any street, and is approximately 135 feet from
Arney Road.
Conclusion: The proposed development complies with the guidelines of Section 3.07.06.C.
WDO 3.08 Partition and Subdivision Standards
Findings: Section 3.08 requires compliance with ORS Chapter 92 and the Woodburn
Development Ordinance. The requirements of Section 3.08 are not addressed separately,
because they are included in the review of other Sections.
Conclusions: The application must comply with the WDO. This report establishes compliance or
non-compliance with the WDO.
WDO 3.10Signs
Findings:The site plan shows the existing pole sign (the sign is identified on the landscape plan).
City records indicate this sign as 35 feet in height and 150 square feet in area. Sections
3.10.06.D and E require that supporting elements be covered, and that the total width of pole
covers be at least 30 percent of the sign display width. Section 3.10.11.B provides that
nonconforming permanent signs shall comply with the provisions of Section 3.10 when a Type
III Design Review is approved for the premises upon which the sign is located. The current
application includes a Type III Design Review.
Permanent Signs in the CG Zone
Table 3.10.10B (excerpt)
Pole Signs 1
FrontageFreeway Overlay (See Figure 3.10L)
Maximum 1 per single-tenant site or complex
Maximum 45 feet high
600- 999 feet
Maximum 300 square feet or 6.7 square feet per foot of actual height,
whichever is less
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Detail of landscape plan (AttachmentK)Photo of existing pole sign
Conclusions: No new signs are authorized by this Design Review. The existing pole sign is
conforming with respect to size, height, and location. The existing pole sign must be provided
with apole wrap, in accordance with Sections 3.10.06.D and E.
The existing pole sign is within the Bonneville Power Administration transmission line
easement, and is subject to BPA permitting requirements.
WDO 5.01.08 Property Line Adjustment; Consolidation of Lots
Findings: Section 5.01.08.B provides the criteria for Property Line Adjustments:
1.Lot area, depth, width, frontage, building setbacks, vehicular access and lot coverage
comply with the standards of this ordinance (Sections 2 and 3);
2.Existing easementsare accurately reflected;
3.Existing land use and development on the subject property comply with the
requirements of prior land use actions;
4.Buildings and structures abutting the adjusted property lines comply with State building
codes and with respect to current occupancy; and
5.Property line adjustments are surveyed and monumented to the requirements set forth in
State statutes (ORS Chapters 92 and 209) and recorded by the County Surveyor.
These criteria have been addressed previously in this report.
Conclusions: The proposed development meets the criteria for a Property Line Adjustment. The
property owner must provide the Planning Division a copy of the recorded Property Line
Adjustment documents.
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WDO 5.02.05 Partition, Preliminary Approval
Findings: Section 5.02.05.B.1 requires that partitions comply with all applicable provisions of
the Woodburn Development Ordinance. The applicable provisions are discussed in this decision.
Conclusions: The application must comply with the WDO.The partition must be recorded
before issuance of building permits.
Findings: Section 5.02.05.B.2 requires that partitions not impede the future best use of the
remainder of the property under the same ownership, or adversely affect the safe and efficient
development of any adjoining land. The proposed partition does not restrict access to, or use of,
any portion of the subject property or of abutting property.
Conclusions: The proposed partition complies with Section 5.02.05.B.2.
Findings: Section 5.02.05.B.3 requires that partitions be served with City streets, water, sewer
and storm drainage facilities with adequate capacity. Water, sanitary sewer, and storm drain
facilities exist in abutting streets and easements. The Public Works Department has commented
that adequate capacity exists to serve the proposed development.
Conclusion:The proposed partition complies with Section 5.02.05.B.3.
Findings: Section 5.02.05.B.4 requires that partitions take into account topography, vegetation
and other natural features of the site. The property is essentially flat, with some natural
vegetation, and without significant natural features.
Conclusion: The proposed partition complies with Section 5.02.05.B.4.
Findings: Section 5.02.05.B.5 requires that adequate measures be planned to alleviate identified
hazards and limitations to development, such as regulatory wetlands and geologically unstable
areas. The site is not impacted by regulatory wetlands or known geological hazards.
Conclusion: The proposed partition complies with Section 5.02.05.B.5.
WDO 5.03.02Design Review, Type III
Findings: Section 5.03.02.B.3 requires a Type III Design Review for structures greater than
2,000 square feet in the CG zone. The application is for four retail and restaurant buildings
totaling 39,500 square feet. The application includes a Type III Design Review.
Conclusion: The application complies with Section 5.03.02.B.3.
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WDO 5.04.04 Zoning Map Change, Owner Initiated
Findings: Section 5.04.04.B.1 requires demonstrated need for the proposed use and the other
permitted uses within the proposed zoning designation. The requested change will allow the
parcel to more efficiently and effectively redevelop in response to existing market conditions.
Conclusion: The application complies with the requirements of Section 5.04.04.B.1.
Findings: Section 5.04.04.B.2 requires demonstrated need that the subject property best meets
the need relative to other properties in the existing developable land inventory already designated
with the same zone, considering size, location, configuration, visibility and other significant
attributes of the subject property. The requested Zone Change would not alter the inventory of
developable land in the Commercial General (CG) zone.
Conclusion: The application complies with the requirements of Section 5.04.04.B.2.
Findings: Section 5.04.04.B.3 requires demonstration that amendments which significantly affect
transportation facilities ensure that allowed land uses are consistent with the function, capacity,
and level of service of the facility identified in the Transportation System Plan. This shall be
accomplished by one of the following:
a.Limiting allowed land uses to be consistent with the planned function of the transportation
facility; or
b.Amending the Transportation System Plan to ensure that existing, improved, or new
transportation facilities are adequate to support the proposed land uses consistent with the
requirement of the Transportation Planning Rule; or
c.Altering land use designations, densities, or design requirements to reduce demand for
automobile travel and meet travel needs through other modes of transportation.
Findings:The application included a Traffic Impact Analysis (TIA) that addressed the Woodburn
Transportation System Plan and the Oregon Transportation Planning Rule. As identified in the
TIA, modifying the zone to remove the automotive sales-only use condition does not result in
development that will significantly affect a transportation facility.
Conclusion: The application complies with the requirements of Section 5.04.04.B.3.
Overall Conclusion
The proposed development meets or can meet the requirements of the Woodburn Development
Ordinance with appropriate conditions of approval.
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Department of Economic
& Development Services
Planning Division
-5246
EXHIBIT C – CONDITIONS OF APPROVAL
ZC 2014-01, DR 2014-01, PAR 2014-02, PLA 2014-01
The City Council approves casesZC 2014-01, DR 2014-01, PAR 2014-02, and PLA 2014-01,
subject to the following conditions:
1.The property owner shall execute an acceptance of these conditions of approval.
2.The property shall be developed in substantial conformity to the preliminary plans
(Attachments A through K), except as modified by these conditions of approval.
3.Prior to issuance of a building permit, the applicant shall obtain a permit to use the
Bonneville Power Administrationright-of-way.
4.The final plat shall dedicatea five-foot public utility easement along Sprague Lane, in
accordance withSections 3.02.01.B and 3.02.01.C.
5.The final plat shall show the proposed waterline easement shown on the site plan as 16’
wide and as moved away from proposed structures, so that future waterline excavation
activities are out of the geotechnical zone of influence from all proposed structures.
6.The final plat shall show the 10’ Public Utility Easement going through Lot 3 for the
proposed on-site private storm system as a private easement. The City will not accept a
public storm or sanitary sewer utility easement for a private service.
7.Prior to issuance of a building permit, the applicant shall obtain a City access permit for
the new vehicular access onto Sprague Lane, in accordance with Section 3.04.01.B.
8.Prior to issuance of a building permit, the applicant shall establish shared access and
parking with all four proposed parcels, to the satisfaction of the City Attorney, and
provide the City a copy of the recorded agreement, in accordance with Sections
3.04.01.A, 3.04.03 and 3.05.02.E. The agreementshall allow vehicular access from the
abutting property to the west, at the southwest corner of Lot 2, when the abutting
property redevelops, in accordance with Section 3.04.03.C.2.
9.Prior to issuance of a building permit, the applicant shall provide at least three
accessible parking spaces on Parcel 2, in accordance with Table 3.05B.
10.Prior to issuance of a building permit, the applicant shall provide at least a 22-foot
one-way drive aisle serving compact parking spaces, in accordance with Table 3.05C.
11.Prior to issuance of a building permit, the applicant shall provide one loading space on
Parcel 3, in accordance with Table 3.05C.
12.Prior to issuance of a building permit, the applicant shall demonstrate compliancewith
the illumination requirements of Section 3.05.02.L.
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13.Prior to issuance of a building permit, the applicant shall provide tenbicycle rack
spaces on Parcel 1 and fiverack spaces on Parcel 2, in accordance with Section
3.05.03.E.
14.Prior to issuance of a building permit, the applicant shall specify the species and
spacing of shrubs in the setbacks abutting Arney Road and Sprague Lane, and in the
parking and loading area, to verify compliance with Table 3.06A.
15.Prior to issuance of a building permit, the applicant shall provide the Planning Division
a copy of the recorded Property Line Adjustment documents, in accordance with
Section 5.01.08.B.5.
16.Prior to issuance of a building permit, the applicant shall provide the Planning Division
with a copy of the recorded Partition.
17.Prior to issuance of a building permit, the south wall of building Major A and the north
wall of building Shops B shall be structurally independent, with a fire rating in
accordance with Table 602 of the Oregon State Structural Code.
18.If the door on the south side of building Major A is used as a required exit door, a
sidewalk shall be provided to the public way prior to issuance of a building permit, in
accordance with Section 1027 of the Oregon State Structural Code.
19.Prior to issuance of a building permit, the egress doors for building Major A shall
comply with Sections 1014, 1015, and 1016 of the Oregon State Structural Code.
20.Prior to issuance of a building permit, the footing on the north side of building Major A
shall be at least as deep as the proposed water line.
21.Prior to issuance of a building permit, the northernmost exit door of building Shops B
shall comply with Table 705.8 of the Oregon State Structural Code.
22.Prior to issuance of a building permit, the accessible route from building Shops B to the
public way shall comply with Section 1104.1 of the Oregon State Structural Code.
23.Prior to issuance of a building permit, the Fire Department Access roads shall be clearly
marked with signage stating “NO PARKING –FIRE LANE”, in accordance with
Section 503 of the Oregon Fire Code.
24.Prior to issuance of a building permit, the fire hydrant on the north side of building
Major A shall be relocated to be more than 1½ times the height of the building away
from any building, in accordance with Section 503.1 and Appendix D of the Oregon
Fire Code.
25.Prior to issuance of a building permit, a fire hydrant shall be provided near building
Shop C, in accordance with Section 503.1 and Appendix D of the Oregon Fire Code.
26.Prior to issuance of a building permit, a fire hydrant shall be provided on the east side of
the driveway on Sprague Lane at building Major A (east side of building Major A), in
accordance with Section 503.1 and Appendix D of the Oregon Fire Code.
27.Prior to issuance of a building permit, Fire Department Connections shall be provided at
locations approved by the Woodburn Fire District. A fire hydrant shall be provided
near each Fire Department Connection, in accordance with Sections 503.1, 903.3.7, and
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Appendix D of the Oregon Fire Code and Section 912.2 of the Oregon State Structural
Code.
28.Prior to issuance of a building permit, the applicant shall determine the available fire
flow and provide the testing results to the Building Official and the Fire Marshal, in
accordance with Section B105.3 of the Oregon Fire Code.
29.Prior to issuance of a building permit, a Knox box (key box) shall be provided on
buildings with alarm systems or automatic fire sprinkler systems, in accordance with
Section 506 of the Oregon Fire Code.
30.Prior to issuance of a building permit, the applicant shall provide a hydraulic analysis of
the development and stormwater collection system, including hydraulic impacts on
downstream properties and drainage conveyance facilities, stamped by an engineer
licensed in the State of Oregon. Any required on-site detention area shall be provided
in accordance with the hydraulic analysis and shall be maintained by the property
owner.
31.Prior to issuance of a building permit, each parcel shall have its own private storm line
that discharges to a public storm system.
32.Prior to issuance of a building permit, an ODOT permit is required for the connection of
the proposed storm line into the existing storm catch basin on Arney Road.
33.Prior to issuance of a building permit, the applicant shall obtain all necessary private
easements/agreements for the connection to the City sewer main.
34.Prior to issuance of a building permit, each parcel shall have its own private sanitary
sewerline that discharges to a public sewersystem.
35.Prior to issuance of a building permit,a grease trap shall be installed on the sanitary
sewer service of each building with a kitchen or food preparation area.
36.Prior to issuance of a building permit, backflow preventers shall be installed on all
irrigation and fire sprinkler services. Backflow preventers and meters shall be located
near the City water main within an easement.
37.Prior to issuance of a Certificate of Occupancy, the existing pole sign shall be provided
with apole wrap, in accordance with Sections 3.10.06.D and E.
38.Prior to issuance of a Temporary or Final Certificate of Occupancy, the applicant shall
complete a City of Woodburn Nonresidential Wastewater Survey and comply with the
conditions of the Wastewater Permit.
Attachments
Attachment“A”
Site Plan, Sheet C2.0, dated May 2, 2014
Attachment “B”
Grading Plan, Sheet C2.1,dated May 2, 2014
Attachment“C”
Utility Plan, Sheet C2.2, dated May 2, 2014
Attachment“D”
Existing Conditions Plan, Sheet C3.0, dated May 2, 2014
Attachment “E”
Fire Access Plan, Sheet 4.0, dated May 2, 2014
Attachment“F”
Partition Plan, Sheet P1.0, dated May 2, 2014
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Attachment“G”
Property Line Adjustment, Sheet PLA, dated May 2, 2014
Attachment “H”
Major A & Shops BFloor Plan and Elevations, Sheet A1.1, dated May 2,
2014
Attachment “I”
Shop C & Pad DFloor Plan and Elevations, Sheet A1.2,submitted March
25, 2014
Attachment “J”
Material Sample Board, Sheet A1.3, submitted March 25, 2014
Attachment“K”
Planting Plan, Sheet L2.0, dated March 24, 2014
777 Arney Road (ZC 2014-01, DR 2014-01, PAR 2014-02, PLA 2014-01) Page 4 of 4
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137
COUNCIL BILL NO. 2961
RESOLUTION NO. 2049
A RESOLUTION APPROVINGAN ADJUSTED RATE SCHEDULE FOR PROVIDING SOLID
WASTE SERVICE WITHIN THE CITY OF WOODBURN AND REPEALING RESOLUTION
2019
Ordinance 2460grants an exclusive franchise to United Disposal
WHEREAS,
Services, Inc. (“United Disposal”)dba Allied Waste Services of Marion County-
Woodburnto collect, transport, and convey solid waste in the City; and
Allied Waste Services of Marion County has merged into
WHEREAS,
Republic Services and United Disposal, Inc. now does business as Republic
Services of Marion County-Woodburn; and
the City Council previously adopted Resolution 2019 which
WHEREAS,
established certain rates; and
United Disposal has requested an adjustment to its residential
WHEREAS,
and commercial rates and has submitted satisfactory evidence to the City
Council to justify the proposed rate schedule;and
the City Council held a public hearing to receive testimony and
WHEREAS,
other evidence regarding the proposed rate schedule;
NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
That the Council finds that the rates proposed by United
Section 1.
DisposalInc., dba Republic Services of Marion County-Woodburnare fair and
appropriate under the existing franchise. In making this determination, the
Council has considered the following factors pursuant to Section 4 of Ordinance
2460:
(1)increases in operating or capital costs;
(2) increases in City population;
(3) extension of City boundaries;
(4) increase of intensive residential, commercial or industrial
development within the City;
(5) changes in solid waste or recycling technology;
Page 1 – Council Bill No. 2961
Resolution No. 2049
138
(6) changes in regulatory requirements;
(7) inability of Franchisee to adequately handle increased
needs for said service;
(8)the rates in other cities for similar services;and
(9)the public interest by assuring reasonable rates to enable
Franchisee to provide efficient and beneficial service to
user of the service.
That the rate schedule affixed as Exhibit “1” and by this
Section 2.
reference incorporated herein, is approved.
. The rate schedule approved in Section 2 of this resolution shall
Section 3
be effectiveJuly 1, 2014.
Resolution 2019is repealed effectiveJuly 1, 2014.
Section 4.
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, City Recorder
City of Woodburn, Oregon
Page 2 – Council Bill No. 2961
Resolution No. 2049
139
140
141
142
143
144
Agenda Item
June23, 2014
TO:Honorable Mayor and City Council through City Administrator
FROM:Jim Row, Community Services Director
SUBJECT:
Title VI Program
RECOMMENDATION:
It is recommended thatthe City Council adopt via resolution the Title VI Civil Rights
Programfor public transit programs, as required by the Federal Transit
Administration.
BACKGROUND:
Any entity receiving federal dollars, either directly from the Federal Transit
Administration (FTA) or through the Oregon Department of Transportation Rail
and Public Transit Division (RPTD), must not discriminate based on factors which
include, but are not limited to, race, color, national origin, religion,age,marital
status, sexual orientation, gender, ordisability status.
Specifically, Title VI of the 1964 Civil Rights Act states:
"No person in the United States shall, on the grounds ofrace, color, or
national origin,be excluded fromparticipation in, be denied the benefits
of, or be subjected todiscrimination under any program or activity
receiving Federal financial assistance.”
Subject entities are required to adopt and submit a Title VI Program meeting
requirements established by the FTA by June 30, 2014, andagainevery three
years byApril 30.
th
DISCUSSION:
In Accordance with Title VI of the Civil Rights Act of 1964, this Title VI Program
reflects theWoodburnTransit System's commitment to ensuring that no person
shall, on the ground of race,color, national origin, religion, age, marital status,
Agenda Item Review:City Administrator ___x___City Attorney __x____Finance __x___
145
Honorable Mayor and City Council
June23, 2014
Page 2
sexual orientation, gender, or disability be excludedfrom participation in, be
denied the benefits of, or be subjected to discrimination under anyprogram or
activity provided by the Woodburn Transit System (WTS).
FINANCIAL IMPACT:
No additional direct cost to the City related to the requirements of the Title VI
Program is anticipated.
146
COUNCIL BILL NO. 2962
RESOLUTION NO. 2050
A RESOLUTION ADOPTING THE WOODBURN TRANSIT SYSTEM TITLE VI PROGRAM
any entity receiving federal dollars, either directly from the
WHEREAS,
Federal Transit Administration (FTA) or through the Oregon Department of
Transportation Rail and Public Transit Division must not discriminate based on
factors which include, but are not limited to, race, color, national origin, religion,
age, marital status, sexual orientation, gender, or disability status; and
subject entities are required to adopt and submit a Title VI
WHEREAS,
Program meeting requirements established by the FTA by June 30, 2014, and
again every three years by April 30th;
NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
The Woodburn Transit System Title VI Program (dated June 23,
Section 1.
2014 and attached hereto as Exhibit “A”) is hereby adopted.
Approved as to Form:
City Attorney Date
Approved:
Kathryn Figley, Mayor
Passed by Council
Submitted to the Mayor
Approved by the Mayor
Filed with the Office of the Recorder
ATTEST:
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 1 –Council Bill No. 2962
Resolution No. 2050
147
Exhibit A
Page 1 of 14
Woodburn Transit System
Title VI Program
June 23, 2014
City of Woodburn
Woodburn Transit System
270 Montgomery Street
Woodburn, Oregon 97071
148
Exhibit A
Page 2 of 14
Table of Contents
.............................................................................................................................................................................. Β
Introduction
..................................................................................................................................................................... Β
Policy Statement
............................................................................................................................................... Β
Title VI Notice to the Public
.......................................................................................................................................... Β
Title VI Complaint Procedures
.................................................................................... Δ
Record of Title VI investigations, Complaints, or Lawsuits
......................................................................................................... Δ
Minority Representation on Non-elected Bodies
..................................................................................................................................... Δ
Title VI Public Participation Plan
........................................................................... Ε
Summary of Ongoing Public Participation Efforts and Outreach
.............................................................. Ε
Woodburn Transit System Limited English Proficiency Outreach Plan
........................................................................................................ Η
Primary recipients and monitoring sub recipients
........................................................................................................................................................ Η
Title VI equity analysis
................................................................................................................................................................... Θ
Service Standards
........................................................................................................................................................................ 11
Attachment A
........................................................................................................................................................................ 13
Attachment B
Α
149
Exhibit A
Page 3 of 14
Introduction
This program reflects the Woodburn Transit System’s commitment to ensuring that no person shall, on
the ground of race, color, national origin, religion,age, marital status, sexual orientation, gender, or
disability be excluded from participation in, be denied the benefits of, or be subjected to discrimination
under any program or activity provided by the Woodburn Transit System(WTS).
Policy Statement
Title VI of the Civil Rights Act of 1964 states:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any program or activity
receiving Federal financial assistance.”
The Woodburn Transit System is committed to complying with the requirements of Title VI in all of its
programs and activities. Questions and complaints may be reported to Michael Hereford,Human
Resources Director, at (503) 982-5231; by e-mail at michael.hereford@ci.woodburn.or.us; or by letter to
270 Montgomery St, Woodburn, OR 97071.
Title VI Notice to the Public
Attachment A
The Title VI Notice to the Publiccan be found in and will be posted at the Woodburn
Transit office, on the Woodburn Transit webpage, and on board buses operated by Woodburn Transit
System. The notice is provided in both English and Spanish.
Title VI Complaint Procedures
Complaints alleging discrimination which is prohibited under Title VI of the Civil Rights Act of 1964
shall be filed in accordance with the following procedure:
1.Any person who believes he or she, individually, as a member of any specific class, or in connection
with any disadvantaged business enterprise, has been subjected to discrimination prohibited by Title
VI of the Civil Rights Act of 1964, the American with Disabilities Act of 1990, Section 504 of the
Vocational Rehabilitation Act of 1973, or the Civil Rights Restoration Act of 1987, as amended, may
file a complaint with the Woodburn Transit System (WTS). A complaint may also be filed by a
representative on behalf of such a person. All complaints will be referred to the Human Resources
Directorfor review and action.
2.In order to have the complaint considered under this procedure, the complainant must file the
complaint no later than 180 days after:
a)The date of alleged act of discrimination; or
Β
150
Exhibit A
Page 4 of 14
b)Where there has been a continuing course of conduct, the date on which that conduct was
discontinued.
In either case, WTS may extend the time for filing or waive the time limit in the interest of justice, as
long as WTS specifies in writing the reason for so doing.
3.Complaints shall be in writing and shall be signed by the complainant and/or the complainant’s
representative. Complaints shall set forth as fully as possible the facts and circumstances surrounding
the alleged discrimination. In the event a person makes a verbal complaint of discrimination to an
officer or employee of WTS, the person shall be interviewed by the Human Resources Director. If
necessary, the Human Resources Directorwill assist the person in reducing the complaint to writing
and submit the written version of the complaint to the person for signature. The complaint shall then
be handled according to WTS’s investigative procedures. The complaint may be filed in writing with
WTS at the following address:
Woodburn Transit System
Human Resources Director
270 Montgomery Street
Woodburn, OR 97071
503-982-5265
michael.hereford@ci.woodburn.or.us
4.Within 10 days, the Human Resources Directorwill acknowledge receipt of the allegation, inform the
complainant of action taken or proposed action to process the allegation, and advise the complainant
of other avenues of redress available, such as the Oregon Department of Transportation (ODOT) and
U.S. Department of Transportation (USDOT).
5.The Human Resources Directorwill advise ODOT and/or USDOT within 10 days of receipt of the
allegations. Generally, the following information will be included in every notification to ODOT
and/or USDOT:
a)Name, address, and phone number of the complainant.
b)Name(s) and address (es) of alleged discriminating official(s).
c)Basis of complaint (i.e., race, color, national origin, or sex)
d)Date of alleged discriminatory act(s).
e)Date complaint received by the recipient.
f)A statement of the complaint.
g)Other agencies (local, state, or Federal) where the complaint has been filed.
h)An explanation of the actions WTS has taken or proposed to resolve the issue in the
complaint.
6.Within 60 days, the Human Resources Directorwill conduct an investigation of the allegation and
based on the information obtained, will render a recommendation for action in a report of findings to
Γ
151
Exhibit A
Page 5 of 14
the Woodburn City Manager. The complaint should be resolved by informal means whenever
possible. Such informal attempts and their results will be summarized in the report of findings.
7.Within 90 days of receipt of the complaint, the Human Resources Director will notify the
complainant in writing of the final decision reached, including the proposed disposition of the matter.
The notification will advise the complainant of his/her appeal rights with ODOT, or USDOT, if they
are dissatisfied with the final decision rendered by WTS. The Human Resources Directorwill also
provide ODOT and/or USDOT with a copy of this decision and summary of findings upon
completion of the investigation.
8.Contact information for the state and federal Title VI administrative jurisdiction is as follows:
ODOT Public Transit Division
th
555 13Street NE
Salem, OR 97301
503-986-4305
503-986-4189 fax
Federal Transit Administration Office of Civil Rights
Attention: Title VI Program Coordinator
East Building, 5th Floor –TCR
1200 New Jersey Avenue, SE
Washington, DC 20590
Record of Title VI investigations, Complaints, or Lawsuits
The City of Woodburnwill maintain a list of any and all transit related Title VIinvestigations,
complaints, and lawsuits. The list shall bekept andmaintained at the Woodburn City Hall located at 270
Montgomery Street, Woodburn, OR 97071.
Minority Representation on Non-elected Bodies
At this time, the Woodburn Transit System does not have any non-elected bodies, committees,or councils
of which it must report racial membership rates.If the Transit system develops any non-elected bodies
the City will encourage the participation of minorities inproportion to the minority makeup ofthe service
area. Additionally,the City will maintain a table documenting the racial makeupof membership of such
committees.
Title VI Public Participation Plan
The Woodburn Transit Systemshall strive to include minority and LEP (Limited English Proficiency)
individuals in its decision making processes. This includes outreach tominority groups in Woodburn and
the surrounding area.
Δ
152
Exhibit A
Page 6 of 14
Summary of Ongoing Public Participation Effortsand Outreach
In accordance with Oregon public meeting law, all public meetings, including budget committee and City
Council meetings where resource allocation and transportation planning discussions and actions are taken,
are open to the general public. Accommodations are available for those with limited English proficiency
if requested in advance of the meeting.
Passenger Surveys
WTS conducts onboard rider and general awareness surveys occasionally, in both English and Spanish.
Bilingual Outreach
The City maintains a list of fluent Spanish-speaking employees, and can contract for Spanish interpreters,
if necessary. Additionally, the City’s Outreach Coordinator has responsibility for coordinating the City’s
communication and outreach activities with the Spanish Speaking population.
Phone Access
A bilingual transit office clerkis available to communicate with Spanish speaking individuals who call
for information and/ or service.
Schedules translated in Spanish
The current service schedule includes a Spanish section. New service schedules will be provided in
English and Spanish and made available via paper brochures and on the WTS website.
Woodburn Transit SystemLimited English Proficiency Outreach Plan
Woodburn Transit is required to take responsible steps to ensure meaningful access to the benefits,
services, information and other important portions of our programs and activities of individuals whoare
Limited English Proficient (LEP). Woodburn Transit consulted the USDOT’s LEP Guidance and
performed a four factor analysis of our contact with the public to determine the appropriate mix of LEP
services to offer.
Four Factor Analysis:
Factor1:The number or proportion of LEP persons in the service area.
Step1:Prior experience with LEP individuals.Over the past year, our dispatchers have taken
approximately 5 calls per week from LEP persons which have required the use of an interpreter.
Step2:Data was gathered from the following sources to identify information on persons who speak
languages other than English at home and those who speak English less than well or not at all and would
be classified as Limited English Proficient or “LEP”:
a. 2010 Census Data
b. Census Bureau’s American Community Survey and Fact Finder Surveys
Ε
153
Exhibit A
Page 7 of 14
c. Department of Labor LEP Special Tabulation website Mid-Willamette Workforce
A review of the 2012 American Community Survey data (http://factfinder.census.gov) on the numbers of
limited English proficient or LEP persons revealed that in Woodburn, Oregon the number of people over
age 5 who speak a language other than English at home was 10.6% of the total population of Woodburn.
4.5% of the Woodburn population reports that they speak English less than “very well.” The most
common language other than English spoken at home was Spanish, with people (7.7%) recorded as
speaking Spanish or Spanish Creole (Source: American Community Survey, 2008-2012 American
Community Survey 5-Year Estimates, S1601, Woodburn, Oregon).
Step3:According to the Mid-Willamette Workforce Network the number of Spanish speaking LEP
individuals that spoke English “not well” or “not at all” in the mid-Willamette area is 4.6%, which
translates to almost 2,000 residents of Woodburn
(Source:http://www.doleta.gov/reports/censusdata/LWIA_by_State.cfm?state=OR).
Factor2: The frequency with which LEP individuals come into contact with the service.
Woodburn Transit serves LEP persons daily through transit and paratransit services. Over the past year,
our dispatchers takeapproximately 5 calls per week from LEP persons which have required the use of an
interpreter.
Factor3:The importance of the service to LEP persons.
Woodburn Transit provides important transit services to the public through its fixed route and
complementary paratransit programs. Woodburn Transit is one of a fewpublic transportation providers
that serve the City of Woodburn and provides a link between residential areas, commercialcenters,
healthcare facilities, educational campuses, and social service offices. Language barriers would most
affect users of the complementary paratransit system as reservations for the system are taken via
telephone. The complementary paratransit portion of Woodburn Transit provides approximately 15% of
the total rides provided through the Woodburn Transit System.
Factor4:The resources available to the recipient of the federal funds to assure meaningful access to the
service by LEP persons
WTS currently provides some information in Spanish through bus schedules, the transit website, and
information on the buses. The City of Woodburn maintains a list of employees who are fluent in Spanish
and other languages, and professional translation services are available if required. WTS also contracts
with “language line” to assist LEP individuals with phone inquiries.
Processes for providing language assistance services by language
Based on the four factor analysis, WTS recognizes the need to continue providing language services. A
review of WTS relevant programs, activities and services that are being offered by the City as of March
2014 include:
If a bi-lingual employee is unavailable, the Cityhas a contract with the translation service
o
“Language Line” for phone calls taken from LEP individuals
The City employees a bi-lingual transit office clerk
o
Spanish speaking translators who work for the City are available upon request during normal
o
business hours
Route and schedule information are available in Spanish on the Woodburn Transit website
o
Community surveys are available in Spanish format
o
Ζ
154
Exhibit A
Page 8 of 14
Based on the demand for alternate language services, and considering the limited budget of the Woodburn
Transit programs, other activities and services that will be developed in the next three years include:
Transit surveys conducted by Woodburn Transit will be available in Spanish
o
Future route maps will be available in both English and Spanish
o
Bi-lingual employees will continue to be available to provide written and verbal translation
o
services
Woodburn Transit’s outreach and marketing initiatives have yielded a list of community organizations
that serve populations with limited English proficiency. The following list of community organizations
will be contacted to assist in gathering information and see what services are most frequently sought by
the LEP population:
Woodburn Public School District
Hispanic Advisory Council
Woodburn Area Chamber of Commerce
Providing notice to LEP’s of language assistance
Notice will be placed on the transit buses, transit website, and on the bus schedules, and brochures
announcing the availability of Language assistance.
Monitoring, evaluating and updating LAP
Woodburn Transit staff will contact the community organizations that serve LEP persons, as well LEP
persons themselves, and also perform a four factor analysis every three years to identify what, if any,
additional information or activities might better improve transit services to assure non-discriminatory
service to LEP persons. WTS will then evaluate the projected financial and personnel needed to provide
the requested services and assess which of these can be provided cost-effectively.
Training Employees
Woodburn Transit will train all employees, staff and volunteers toproficiency regarding the need and
availability of language assistance to LEP individuals who use the service.Employees will be
encouraged to use the services provided when contact with LEP individuals prevents or hinders
communication. This training will be provided at least annually.
Primary recipients and monitoring sub recipients
Currently the City of Woodburnis not a primary recipient of FTA funds and does not have any sub-
recipients.
Title VI equity analysis
There are no current planned facilities or construction projects that require a Title VI equity analysis.
Η
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Exhibit A
Page 9 of 14
Service Standards
Vehicle Load for Each Mode Standard (expressed as a ratio)
The peak-hour vehicle load standards by mode for Woodburn Transit System are: Vehicle Load
Standards are expressed as a ratio. (A 40 passenger bus that allows 12 standees would have a load
standard of 1.3)
Fixed Route (35 passenger bus)1.2
Paratransit (16 passenger van).75
Demand Response (16 passenger van).75
Demand Response (4 passenger van).5
Vehicle Headway for Each Mode
(Time between vehicles on same route)
Fixed Route (35 passenger bus)1 hour
Paratransit (16 passenger van)n/a
Demand Response (16 passenger van)n/a
Demand Response (4 passenger van)n/a
On Time Performance for Each Mode
May Run Early
On-time Consideration
(yes/no)
Fixed Route (35-
NO<10 minutes behind
passenger bus)
Paratransit (16
YES(+or –) 15 minutes
passenger van)
Demand Response
YES(+or –) 15 minutes
(16 passenger van)
Demand Response
YES(+or –) 15 minutes
(4 passenger van)
Service Availability for Each Mode
The Woodburn Transit System provides equitable service availability to customers within the service
area.
Distribution of Transit Amenities for Each Mode
The Woodburn Transit System has a policy to distributetransit amenities equally across the system. Any
new amenities will be distributed equally across the system without regard to race or national origin of
users from that service area. This applies to:
Θ
156
Exhibit A
Page 10 of 14
Seating and benches at stops and stations
Bus shelters
Provision of information including maps, route maps, and schedules
Waste receptacles.
VehicleAssignment for Each Mode
The Woodburn Transit Systemsets a policy of vehicle assignment for each mode without regard to race,
color, national origin, religionage, marital status, sexual orientation, gender, or disabilityof users from
that service area. Woodburn Transit will assign vehicles with higher capacity to routes with higher
ridership. Age of the vehicles will only be considered a factor when assigning vehicles to routes.
10
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Exhibit A
Page 11 of 14
Attachment A
Notifying the Public of Rights under Title VI
City of Woodburn, Oregon
The City of Woodburn operates its programs and services without regard to race, color and
national origin in accordance with Title VI of the Civil Rights Act of 1964. Any person who
believes they have been aggrieved by any unlawful discriminatory practice under Title VI may
file a complaint with the City of Woodburn.
For more information on the City of Woodburn’s Civil Rights Program and/ or the procedures for
filing a complaint, contact Michael Hereford, Human Resources Director at (503) 982-5231 or
michael.hereford@ci.woodburn.or.us or visit Woodburn City Hall at 270 Montgomery St,
Woodburn, OR 97071.
A complaint may also be filed directly with the Federal Transit Administration’s Office of Civil
Rights at:
Federal Transit Administration Office of Civil Rights
Attention: Title VI Program Coordinator
East Building, 5th Floor –TCR
1200 New Jersey Avenue, SE
Washington, DC 20590
If information is needed in another language, please contact the City of Woodburn’s
community outreach office at (503) 982-5388.
Notificación al Publico bajo Los Derechos de Titulo VI
Ciudad de Woodburn, Oregon
Los programas y servicios de la Ciudad de Woodburn funcionan sin ninguna consideración por
motivos raciales, de color y origen nacional de acuerdo con el Título VI de los Derechos Civiles
de 1964. Alguna persona que cree que fue ofendido de una práctica discriminatoria ilegal bajo
este Título VI puede presentar una queja con la Ciudad de Woodburn.
Para más información tocante el Programa de Derechos Civiles de la Ciudad de Woodburn y/o
para saber el proceso de presentar una queja, comuníquese con Michael Hereford, Director de
Recursos Humanos al (503) 982-5231 o por correo electrónico al
michael.hereford@ci.woodburn.or.uso visítenos en el Ayuntamiento de la Ciudad al 270
Montgomery St, Woodburn, OR 97071.
Una queja también se puede presentar con las Oficinas de Derechos Civiles de la Administración
Federal de Transito al:
Oficinas de Derechos Civiles de la Administración Federal de Transito
Atentamente: Coordinador del Programa Title VI
11
158
Exhibit A
Page 12 of 14
East Building, 5th Floor – TCR
1200 New Jersey Avenue, SE
Washington, DC 20590
Si necesita la información en otra idioma por favor comuníquese con la oficina del Agente
Comunitario al 503-982-5388.
12
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Exhibit A
Page 13 of 14
Attachment B
City of WoodburnTitle VI Complaint Form
Name:
Address:
City:State: Zip Code:
Telephone Number:
Were you discriminated against because of your:
RaceNational Origin
Color Age
Other:
Date and Time of Alleged Incident:
Explain as clearly as possible what happened and how you were discriminated against. Indicate
who was involvedand if applicable, the transit route and vehicle. Be sure to include the names
and contact information of any witnesses. If more space is needed, please use additional pages.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Have you filedthis complaint with any other federal, state or local agency or with any court?Yes No
13
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Exhibit A
Page 14 of 14
If yes, check and identify all that apply:
Federal Agency ________________________
Federal Court ________________________
State Agency ________________________
State Court ________________________
Local Agency ________________________
Please provide information for a contact person at the Agency or Court where the complaint was
filed.
Name: __________________________________________________________________
Address: ________________________________________________________________
City, State, & Zip Code: ___________________________________________________
Telephone Number: _______________________________________________________
Please sign below. You may attach any additional written materials or other information you
believe is relevant to your complaint.
Signature Date
Please mail this form to:
Human Resources Director
City of Woodburn
270 Montgomery St
Woodburn, OR 97071
14
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