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Ord 2541 - WDO Amendments Scrivener Errors.` COUNCIL BILI. NO. 3023 ORDINANCE NO. 2541 AN ORDINANCE MAKING CERTAIN TEXTUAL AMENDMENTS TO THE WOODBURN DEVELOPMENT ORDINANCE CORRECTING SCRIVENER ERRORS AND MAKING OTHER AMENDMENTS WHEREAS, the Woodburn Planning Commission conducted a workshop on June 23, 2016 and a public hearing on September 22, 2016 regarding proposed amendments addressing scrivener errors and other miscellaneous amendments and forwarded amendments to the City Council, with a unanimous recommendation of approval; and WHEREAS, various sections of the WDO have been modified to correct incorrect references; i.e. section numbers, punctuation, and conflicting standards, with an eye towards clarifying ordinance intent; and WHEREAS, additional amendments are included that set specific standards for temporary outdoor markets and increase their allowed timespan; and WHEREAS, other amendments allow signage for properties with multiple street frontages and clarify minimum street standards; and WHEREAS, during the course of preparing this ordinance, additional errors were identified and corrected, including renumbering sections in Table 2.02A and addressing Section 3.09.01 B. 1, which states that residential Planned Unit Developments may be included in Nodal Medium Density Residential (RMN) zones, in addition to all other residential zones; and WHEREAS, the City Council conducted a public hearing on October 10, 2016 and approved the addressing of scrivener errors and other miscellaneous amendments in the WDO and this Ordinance effecting the proposed amendments; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. For purposes of this ordinance amendment, all new text is shown as underlined (i.e. new text) and all deleted text is shown as stricken (i.e. do's 4---�) After this ordinance amendment is adopted, the Economic and Development Services Director shall correct the WDO to incorporate all revisions contained herein. Page 1 - Council Sill No. 3023 Ordinance No. 2541 Section 2. The WDO is amended as specified in Exhibit A, Scrivener Errors, which is attached hereto. Section 3. The legislative action taken by this Ordinance is explained and justified by the Planning Commission Staff Report regarding Scrivener Errors, which is attached hereto as Exhibit B, Approved as to form Passed by the Council I City Attorney Date( ad Approved: ' 6fhryn Fi ley, 9y r Ion /-'/, -tI Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: 11� Heather Pierson, City Recorder City of Woodburn, Oregon Page I - Council Ki No. 3023 Ordinance No. 2541 IVUW-'VrL'6""" t"J LIV-Y':Ly�j� Exhibit A Page 1 of 37 Scrivener Errors For purposes ofthis ordinance amendment, all new text is shown as ...................................... underlined (Le 6 ted') and highlighted, all deleted text is shown as stricken (i.e., deleted teXA). After this ordinance amendment is adopted, the City Recorder shall correct the Woodburn Development Ordinance (WDO) to incorporate all revisions contained herein. Sections in bold type and followed by staff comments, explaining the justification for the changes. 1. In Section 1.02, the definition of Home Occupation references Section 2.02.12. The correct reference is to Section 2.07.10, which contains the regulations for Home Occupations. Home Occupation: A business or professional activity engaged in by a resident of a dwelling unit as a secondary use of the residence, and in conformance with the provisions of the Woodburn Development Ordinance. Such ; term does not include the lease or rental of a dwelling unit (See Section 2.02.E Q6'). 2. Definitions include how to determine the rear lot line for triangular, diamond or trapezoidal lots. The definition should be inclusive of irregularly shaped lots as well. Rear Lot Line: In the case of `fiv U triangular blot, diamond shaped 'la, or a --trapezoidal w ed,I t which is narrowest at the rear and has a distance between the side lot lines at the rear of less than ten feet, the rear line for setback purposes shall be an assumed line within the lot ten feet in length, parallel to and at the maximum distance fromi the front lot line; or In any other case, the lot line opposite and most distant from the front lot line. 3. Table 2.02A (Uses Allowed in Residential Zones) lists "Garage (or carport in the case of a manufactured home)" as an accessory use. The reference to carports for manufactured dwellings is from the previous WDO and should be deleted. Garage (er oarpeFt iR the Gase ef a manufaetured he ... e) I A � A I A I A I A] 1 Exhibit A Page 2 of 37 4. Table 2.02A (Uses Allowed in Residential Zones) lists Manufactured dwelling park under "B. Nonresidential, Care and Public Uses". The use should be listed under "A. Dwellings" of the same table. Uses Allowed in Residential Zones Table 2.02A Use Zone Accessory Uses (A) Conditional Uses (CU) Permitted Uses (P) Special Permitted Uses (S) Specific Conditional RS RS N R15 RM RMN Uses (SCU) A 'Dwellings 1 Duplex dwelling S S P P 2 Manufactured dwelling S1 S' S S S �Vlnared ca1TT �a S Multiple -family dwelling P P 4 Row houses P P Single-family detached dwellings P P P P P B Nonresidential, Care and Public Uses 1 Child care facility for 12 or fewer children P P P P P 2 Child care facility for 13 or more children, within a non-residential building. CU P 3 Elementary, middle and high schools CU CU CU CU CU 4 Government and public utility buildings and structures CU CU CU CU CU Exhibit A Page 3 of 37 Uses Allowed in Residential Zones Table 2.02A Use Zone Accessory Uses (A) Conditional Uses (CU) Permitted Uses (P) Special Permitted Uses (S) Specific Conditional RS RS N RiS RM RMN Uses (SCU) 5 Group care facility for six or more persons P P 6 Group home for five or fewer persons P P P P P 7 Historically or architecturally significant site Sc SC Sc SCU SCU U U U 8 House of worship S S S S S - MaAUfa GE'UF8d 'QWeliing paFk S� S � 4-0 9 Nursing home P P 44 Off-street parking to serve a non-residential use CU CU Cu CU CU :11:6 allowed in zone 4-2 19 Parks' play grounds and associated activities P P P P P 4-3 Rights-of-way, easements and improvements for streets, water, sanitary sewer, gas, oil, electric P P P P P and communication lines, storm water facilities and pump stations. C Other Uses 1 Boat, recreational and vehicle storage pad S S S S S 2 Common boat, recreational and vehicle storage S S S S S area 3 Community club buildings and facilities S S S S S 4 Deck or patio A A A A A 5 Delivery services S S S S S Exhibit A Page 4 of 37 Uses Allowed in Residential Zones Table 2.02A Use Zone Accessory Uses (A) Conditional Uses (CU) Permitted Uses (P) RS Special Permitted Uses (S) Specific Conditional RS N R15 RM RMN Uses (SCU) 6 Facilities during construction S S S S S 7 Fence or freestanding wall A A A A A 8 Garage (or carport in the case of a manufactured A A A A A home) 9 Golf courses without a driving range S S S S S 10 Golf driving range in conjunction with a golf course CU CU CU CU CU 11 Greenhouse, storage building, hobby shop A A A A A 12 Home occupation S S S S S 13 Private recreational facilities, including swimming A A A A A pool, hot tub, sauna, and game courts 14 Residential sales office S S S S S 15 Temporary residential sales: a. Produce and plant materials grown on the property S S S S S b. Estate, garage and yard sales c. Crafts and other hobby items 1. Manufactured dwellings are not allowed in the Neighborhood Conservation Overlay District (NCOD). 5. Tables 2.02 B -F identifies sitting requirements for the various residential zones. The tables set minimum and maximum lot size, setbacks, density standards, etc. for all of the zones. Street frontage requirements are inconsistent (Table 2.02E) with established access standards in Table 3.04A (Access Requirements). Additionally, the use categories under residential density are inconsistent and should be re -labeled to include duplexes for consistency. 4 Exhibit A Page 5 of 37 Footnotes for Table 2.02E are being revised to reflect the appropriate standards for row house development. An additional footnote is being added to recognize front setback averaging for infill situations. A. Development Standards (Tables 2.0213-17) Residential Single -Family (RS) - Site Development Standards Table 2.02B Lot Area, Minimum (square feet) Interior, flag or cul-de-sac lot 6,0001 Corner lot Single-family dwelling child care facility or group home 2 8,000 Any other use 10,000' Lot Width, Minimum (feet) Interior, flag or cul-de-sac lot 50 Corner lot 80 Lot Depth Average (feet) Interior, flag or cul-de-sac lot 90 Corner lot 90 Street Frontage Minimum (feet) Interior or cul-de-sac lot 40 Corner lot Single-family dwelling 40 Any other use 50 Flag lot 2-24 30 3 Residential Density, Minimum (units per net acre) 5.2 Front Setback and Setback Abutting a Street, Minimum (feet) 20 4, 5, 6 5 Exhibit A Page 6 of 37 Residential Single -Family (RS) - Site Development Standards Table 2.0213 Primary structure 5 5,9 Side Setback, Accessory structure Same as primary Minimum (feet) structure 16 or less 241 Rear Setback, Primary Builth g height(feet) more than 16 30 7 Average structure and less than 28 (feet) 28 or more 367 Accessary structure 5 Setback to a Private Access Easement, Minimum (feet) 5 Exhibit A Page 7 of 37 Residential Single -Family (RS) - Site Development Standards Table 2.02113 Primary building height 16 feet or less 40 Lot Coverage, Primary building height greater than 16 feet 35 Maximum (percent) Accessory structure 25 of rear yard $ Primary Outside Gateway subarea 35 Building Height, structure Gateway subarea 40 Maximum (feet) Features not used for habitation 70 Accessory structure 15 1, Excluding easements for private streets or driveways (See Section 1.02, Lot area) 2. Child care facility for 12 or fewer children, group home for five or fewer persons 3. See Table 3.04A, Flag Lot Access Width 4. Measured from the Special Setback (Section 3.03.02), if any 5. Except for flag lots under the option that all setbacks are 12 feet 6. Infill lots between developed lofts: average of abutting residential buildings, plus or minus 5 feet, but not less than 10 feet 7. With a maximum deviation of five feet from the setback standard 8. Accessory structures are included in the total lot coverage. Accessory structures are also limited to 25% coverage of the rear yard. 9. A house of worship shall be set back at least 20 feet from a property line abutting a residential zone or use. Exhibit A Page S of 37 Medium Density Residential (RM) - Site Development Standards Table 2.02E Lot Area, Minimum (square feet) Single-family dwelling, child care facility or group home Interior, flag or cul-de-sac lot 6,0001 Corner lot 8,0002 Duplex 8,000 Any other use Not specified 8 Lot Width, Minimum (feet) Interior, flag or cul-de-sac lot 50 Corner lot 80 Lot Depth, Average (feet) All lots 90 Street Frontage, Minimum (feet) Interior, corner or cul-de-sac lot 40 Flag lot 24-304 Residential Density (units per net acre) Minimum 4t Single-family dwelling 5.2 Any other use 12.8 Maximum Multiple -family dwelling 16 Child care facility, group care facility or nursing home 323 Manufactured dwelling park 12 Any other use Not specified 8 Front Setback and Setback Abutting a Street, Minimum (feet) 20-540 Exhibit A Page 9 of 37 Medium Density Residential (RM) - Site Development Standards Table 2.42E Single-family dwelling, duplex, child 5 2 6,7 Primary care facility or group home Side Setback, structure Any other use Same as rear Minimum (feet) Accessory structure Same as primary 16 or less 24 2,6 Single-family Building more than 16 dwelling, duplex, height and less than 302,13 child care facility or (feet) 28 group home 28 or more 36 2,6 Any other use 16 or less 24 Primary except Rear Setback, structur nonresidential use Building more than 16 Minimum e abutting DDC, height and less than 30 (feet) NNC, CG, IP, (feet) 28 SWIR, or IL zone 28 or more 36 Nonresidential use abutting DDC, NNC, or 101 CG zone Nonresidential use abutting IP, SWIR, or IL 159 zone Accessory structure 5 Setback to a Private Access Easement, Minimum (feet) 5 Exhibit A Page 10 of 37 Medium Density Residential (RM) - Site Development Standards Table 2.02E Primary building 40 Single-family dwelling, height 16 feet or less Lot Coverage, duplex child care facility or Primary building Maximum group home 2 height more than 16 35 (percent) feet or less Any other use Not specified $ Primary structure 35 Building Height, Features not used for habitation 70 Maximum (feet) Accessory structure 15 1. Excluding easements for private streets or driveways (See Section 1.02, Lot area) 2. Child care facility for 12 or fewer children, group home for five or fewer persons 3. Child care facility for 13 or more children, group home for six or more persons 4. See Table 3.04A, Flag Lot Access Width 5. Measured from the Special Setback (Section 3.03.02), if any 6. Except for flag lots under the option that all setbacks are 12 feet 7 For row houses, there is no side setback along common lot lines Seg fe_: 8. The minimum lot dimensions, maximum density, and maximum lot coverage are determined by setbacks, off-street parking, and landscaping requirements. 9. A house of worship shall be set back at least 20 feet from a property line abutting a residential zone or use. 70.r�f,Iofaererrdeel ed��ua ,?abrar�r ;tesrd►raJ.rric�r s.. -e c t taus' fe e of l s h 10 est 6. Commercial and Industrial Use Tables (Table 2.03A & Table 2.04A) specifically allow "motor freight transportation and warehousing of products, furniture and household goods". Clarification is needed to allow mini -storage as an allowed use. 10 Exhibit A Page 11 of 37 Uses Allowed in Commercial Zones Table 2.03A C tndstria] 1 Charter bus, special needs transportation, transit system, school transportation, limousine service CU 3 and taxi service 2 Heavy equipment and motor vehicle sales: a. Manufactured (mobile) home dealers b. Motor vehicle and parts dealers, including new car, used car, recreational vehicle, motorcycle, boat, parts and tire dealers Cu 3 c. Truck dealers, including new truck, used truck, parts and tire dealers d. Tractor, farm machinery and equipment dealers e. Farm, garden and landscaping supplies 3 Manufacturing of metal products, furniture and p4 p6 cabinets 4 Motor freight transportation and warehousing, including local or long-distance trucking or transfer services, storage of farm products, furniture, other CU' oods, household goods, or commercial goods-,- 5 5 Motor vehicle towing CU 3 6 Parking lots and garages P P P P 7 Recreational vehicle park CU 1 D Miscellaneous 1 Facilities during construction S S S S S Uses Allowed in Industrial Zones Table 2.04A 11 Exhibit A Page 12 of 37 13 Motor freight transportation and warehousing, Including local or long-distance trucking or transfer services, P CU P storage of farm products, furniture and other household goods, and --commercial goods—,,ah 60" t 14 Non -depository credit institutions engaged in extending credit in the form of loans, but not engaged in deposit P P banking 15 Paper manufacturing CU 16 Parking lots and garages P P 17 Petroleum and coal products manufacturing with all CU storage underground 18 Printing, publishing, and allied industries P P P 19 Professional services P P 20 Stone, clay, glass, and concrete products including manufacturing flat glass, other glass products, cement, structural clay products, pottery, concrete and gypsum P P products, cut stone, abrasive and asbestos products, and other products from materials taken principally from the earth in the form of stone, clay, and sand 21 Telecommunication facilities subject to Section 2.08.03 SC SC SCU U U 22 Wholesale trade in durable and non -durable goods P P P 23 Wood product manufacturing t P CU 7. Section 2.07.02 contains the redundant words "and vehicle". 2.07.02 Boat, Recreational and Vehicle Storage Pad Where permitted as a special use in conjunction with a single-family dwelling or duplex, the development of any vehicle, boat, or recreationalstorage pad shall comply with the following use and development standards: A. Each dwelling unit shall be limited to a storage pad with the capacity to store a total of two boats, recreational vehicles or these items in combination, in addition to permitted off-street parking. B. Permitted off-street parking shall not be used to store vehicles, boats or 12 Exhibit A Page 13 of 37 recreational vehicles. C. The storage pad shall be located in either the side or rear yard. D. The space shall be paved to the standards of this ordinance (Section 3.04.04) and shall be drained to prevent standing water. E. The space shall be screened and gated from adjacent properly lines and streets (Section 3.00,05) 8. Section 2.07.15 allows Mobile Food Services are a special use in the Industrial zones. Use Table 2.04A omitted Mobile Food Services as a special use and is being corrected accordingly. Uses Allowed in Industrial Zones Table 2.04A Use Zone Accessory Uses (A) Conditional Uses (CU) Permitted Uses (P) Special Permitted Uses (S) Specific Conditional Uses IL IP P/SP SWIR (SCU) A Civic Uses 1 Golf driving range P P CU 2 Parks, play grounds and associated activities, golf courses without a driving range P 3 Public administration, aquatic facilities, fire protection, P P government and public utility buildings and storage yards CU P 4 Rights-of-way, easements and improvements for streets, water, sanitary sewer, gas, oil, electric and P P P P communication lines, stormwater facilities and pump stations. 5 Trade schools P P CU P B Commercial Retail and Services 13 Exhibit A Page 14 of 37 Uses Allowed in Industrial Zones Table 2.04A Use Zone Accessory Uses (A) Conditional Uses (CU) Permitted Uses (P) Special Permitted Uses (S) Specific Conditional Uses IL IP PISP SWIR (SCU) 1 Ambulance service P P 2 Automotive maintenance and gasoline stations, including P P repair services 3 Business services P P 4 Contractors: a. Flooring and roofing b. Equipment and machinery P P c. Glass and glazing d. Masonry, drywall, insulation and tile contractors e. Other types of contractors 5 Delivery services S S S S 6 Fitness and recreational sports P P P 7 Hospitals and ancillary uses P CU P ,99 Restaurants and drinking places P P P C Industrial 9. Temporary Outdoor Marketing and Special Events are allowed as a special use in both Commercial and Industrial zones. Events are currently limited to one day per week for 24 consecutive weeks. The representative of the Woodburn Farmers Market has requested to run for 30 consecutive weeks. Thirty-six consecutive weeks would span, for instance, March through October. 2.07.17 Tem ora Outdoor Marketing and Special Events 14 Exhibit A Page 15 of 37 A. Permitted Uses Seasonal sales of fireworks, Christmas trees, produce or plant materials 2. Amusement rides and games 3. Entertainment 4. Any other merchandise or service B. Duration 1. Single events shall be limited to a maximum duration of three consecutive days, with all goods, temporary facilities and signs removed within 24 hours of closing on the last day of each event. 2. Recurring events shall be limited to a maximum duration of one day, with all goods, temporary facilities and signs removed within 24 hours of each event. Events may reoccur once per week for a maximum of 24 weeks. 3. Seasonal sales shall be limited to two events, with each event not exceeding more than 30 consecutive days. C. Events shall only be conducted between the hours of 8:00 a.m. and midnight. D. The use shall not block driveways, entrances or parking aisles. E. The required parking for all other uses of the property shall not be diminished below that required by this ordinance (Section 3.05). F. The use shall conform to all setback standards for the zone. G. Responsibilities 1. The event operator: a. Shall possess a valid special event permit for each event; b. Shall be responsible for compliance with use standards, crowd and traffic control, and for sanitation, including rest rooms, waste disposal, and cleanup. 2. The operator of a special use shall possess valid certification of compliance for all applicable health, sanitation and safety standards of the City and other applicable jurisdictions. H. The temporary outdoor marketing and special events shall not be located within a public right-of-way unless authorized by the appropriate jurisdiction (City of Woodburn, Marion County, or the Oregon Department of Transportation). 1. Existing businesses with outdoor product display areas are not required to obtain a Temporary Outdoor Marketing and Special Events permit, but are limited to the following: 1. Products sold within the primary building; 2. Covering no more than ten percent of the gross square footage of the buildings on the property; 15 Exhibit A Page 16 of 37 3. Retaining a minimum of four feet for pedestrian clearance along any adjacent walkway. 10. In Section 3.01.01.A, the plural term "Rights-of-way" should be corrected to the singular. 3.01.01 Applicability A R standards apply to all public streets. 11. Section 3.01.01 exempts single family construction from meeting minimum street standards (one 11 ft. paved travel lane in each direction). Clarification is needed requiring minimum access where none exists, to insure that emergency access can be provided. 3.01.01 Applicability A. Rights-of-way standards apply to all public streets. S. Improvement standards apply to all public and private streets, sidewalks and bikeways. C. Functional standards are identified in the Woodburn TSP. This applies to all development, and is not limited to partitions, subdivisions, multi- family, commercial or industrial construction, or establishment of a manufactured dwelling or recreational vehicle park. Construction of a single-family dwelling or placement of a manufactured dwelling does not, for the purposes of this Section, constitute develooment hie ;n.►o- Case ar fhf t,adlrre=or 12. Section 3.102.02 is incorrectly numbered. �.''�2 _0-2.011Creeks and Watercourse Maintenance Easements A. Public improvement and maintenance easements shall be dedicated along all creeks and other water courses. On streams and waterways where development is regulated, based on Federal Emergency Management Administration (FEMA) flood 16 Exhibit A Page 17 of 37 hazard delineation, the minimum width shall be adequate to accommodate the 100 - year floodway. B. On other open channel water courses, such easements shall, at a minimum, extend from the top of one bank to the top of the other bank. These easements shall include an additional 20 feet in width at the top of the bank along the entire length, on one side of the open channel. C. On all piped systems, the easement shall be a minimum of sixteen feet in width. Wider easements may be required by the Director, when needed to accommodate the installation of, or access to, larger and/or deeper pipes. 13. In Section 3.03.02: Special setbacks restrict development and construction for future rights-of-way, providing for future street improvements without encroaching on existing structures and or improvements. Clarification is needed to allow fences and walls at the property line. Secondly, Special Setbacks by Street Classification, Table 3.1.1, should include a footnote denoting varying rights-of-way along Highway 99E. 3.03.02 Special Setbacks A. Special Setbacks are necessary when the existing street right-of-way is less than the designated right-of-way in the Woodburn Transportation System Plan. Special Setbacks ensure that development will conform with setback and vision clearance requirements, after a full right-of-way has been acquired. B. Special setback distances shall be measured at right angles to the center line of street rights-of-way. " Where dedicated rights-of-way are less than the Special Setback, the setback abutting a street shall be measured from the Special Setback. All regulations applicable to setbacks abutting streets and vision clearance areas shall apply to the area between the lot line and the Special Setback.eces arta vasareld Special Setback by Street Classification Table 3.1.1 Transportation System Plan Classification Special Setback from Centerline Major Arterial 50 feet Minor Arterial 37 feet 17 Exhibit A Page 18 of 37 Special Setback by Street Classification Table 3.1.1 Transportation System Plan Classification Special Setback from Centerline Service Collector 36 feet Access Street/Commercial Street 33 feet Local Street, 60 -foot right-of-way 30 feet Local Street, 52 -foot right-of-way 26 feet Local Street, 50 -foot right-of-way 26 feet 1. See TSP for varying rights of way along Highway 99E 14. In Table 3.04A (Access Requirements), the row title "Corner Clearance Guidelines" should have the dimension "feet" added. Additionally footnote 6 needs to be added to the heading "5 or More Dwellings or Living Units, Schools or House of Worship" for clarification that private drives may not serve more than 4 individual lots. Access Requirements Table 3.04A 1 to 4 Dwellings, 5 or More Dwelling or Commercial or Living Units or Living Units, School, Industrial Use Individual Lots 6 or House of Worship 1. Flag Lot Access Width (feet} 20 minimum 24 minimum 30 minimum (See Figure 3.04A) 18 Exhibit A Page 19 of 37 Access Requirements Table 3.04A 1 to 4 Dwellings, 5 or More Dwelling or Commercial or Living Units or Living Units, School, Industrial Use Individual Lots 6 or House of Worship 12 minimum 12 minimum 1 -way n/a 20 maximum 20 maximum 24 minimum 24 minimum Paved Width minimum 30 maximum 35 maximum of Driveway 2-way20 (feet) a, 4 30 maximum (Add 8' if a turn lane is (Add 8 if a turn lane is provided) provided) Manufactured 10 minimum n/a n/a Dwelling Park Curb Flare Radius (feet) 15 minimum 25 minimum 30 minimum Major Arterial, Throat Minor Arterial, n/a 50 minimum 50 minimum Service Length (feet) Collector Access or n/a 20 minimum 20 minimum Local Street Corner Access or 30 minimum 30 minimum 30 minimum Local Street Clearance Service 50 minimum 50 minimum 50 minimum Guidelines Collector (See Figure Minor Arterial 245 minimum 245 minimum 245 minimum 3.04B) Major Arterial 300 minimum 300 minimum 300 minimum Driveway on the same 22 minimum 50 minimum 50 minimum parcel 19 Exhibit A Page 20 of 37 Access Requirements Table 3.04A 1 to 4 Dwellings, 5 or More Dwelling or Commercial or Living Units or Living Units, School, Industrial Use Individual Lots or House of Worship Access or Driveway Local Street none none none Separation Guidelines Service 50 minimum 50 minimum 50 minimum (feet)', 2 Collector (See Figure Minor Arterial 245 minimum 245 minimum 245 minimum 3.048) Major arterial 300 minimum 300 minimum 300 minimum Access to a Major or Minor Required Required Required Arterial Turnarounds Required if the (See Figure driveway length Requirements 3.040) Access to any to the lot located Requirements per the per the other street furthest from the Woodburn Fire District Woodburn Fire street exceeds District 150 feet 1. The separation should be maximized. 2. Driveways on abutting lots need not be separated from each other, and may be combined into a single shared driveway. 3. Driveways over 40 feet long and serving one dwelling unit may have a paved surface 12 feet wide. 4. Notwithstanding the widths listed in this table, the minimum clearance around a fire hydrant shall be provided (See Figure 3.04D). 5. Throat length is measured from the closest off-street parking or loading space to the right-of-way. A throat applies only at entrances (See Figure 3.05B). 6. Maximum of 4 individual lots can be served from single shared driveway (See Figure 3.01 D). 15. Table 3.0613(Plant Unit (PU) Value), the rows for "Large tree" and "Medium tree" should have a closed parenthesis after the word "maturity". 20 Exhibit A Page 21 of 37 Plant Unit (PU) Value Table 3.068 Material Plant Unit (PU) Minimum Size Value 1. Significant tree 1 15 PU each 24" Diameter 2. Large tree (60-120 feet high at 10 PU each 10' Height or 2" maturity, 1 Caliper 3. Medium tree (40-60 feet high at 8 PU each 10' Height or 2" maturity)' Caliper 4. Small tree (18-40 feet high at 4 PU each 10' Height or 2" maturity) 1 Caliper 5. Large shrub (at maturity over 4' 2 PU each 3 gallon or balled wide x 4' high) 1 6. Small to medium shrub (at 1 PU each 1 gallon maturity maximum 4' wide x 4' high) 1 7. Lawn or other living ground cover 1 PU / 50 square 1 feet 8. Berm 2 1 PU 120 lineal feet Minimum 2 feet high 9. Ornamental fence 2 1 PU 120 lineal feet 2'/2 - 4 feet high 10. Boulder 2 1 PU each Minimum 2 feet high 11. Sundial, obelisk, gnomon, or 2 PU each Minimum 3 feet high gazing ball 2 12. Fountain 2 3 PU each Minimum 3 feet high 13. Bench or chair 2 0.5 PU / lineal foot 14. Raised planting bed constructed of 0.5 PU / lineal foot of greatest Minimum 1 foot high, brick, stone or similar material except CMU 2 dimension minimum 1 foot wide in 21 Exhibit A Page 22 of 37 Plant Unit (PU) Value Table 3.068 Material Plant Unit (PU) Minimum Size Value least interior dimension 15. Water feature incorporating storm 2 per 50 square feet None water detention 2 1. Existing vegetation that is retained has the same plant unit value as planted vegetation. 2. No more than twenty percent (20%) of the required plant units may be satisfied by items in lines 8 through 15. 96. In Table 3.06D, footnotes should all be separated by commas. 22 Exhibit A Page 23 of 37 Screening Requirements Table 3.06D N = No screening required F = Sight -obscuring fence required 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 screeni o v 0 ° E s� d a) N U O C — o a) Q) Property being Developed - o z z O R_ —'_' ' , C must provide screening if no z 2 o o o "° ` Ma) 2com arable screeningexists U a- _� � _ on abutting protected property © v a` F :E c . ° za Z>c RS, R1 S, or RSN zone N N N N N N N N N N N RM or RMN zone W2 D W2 D W2 W2 D W2 D N W2 DDC or NNC zone N N N N N N N N N N N Nonresidential use in CO zone W2 W2 W2 N W2 W2 N W2 D N W2 CG or MW zone W2 W2 D D D D D W2 W2 D W2 Outdoor storage in CG or MW W1 W1 W1,3 W1 W1 W1 W1 1 3 W 13 W, 1,3 W W 1,3 zone ,3 ,3 3 3 3 3 IP, IL, or SWIR zone W3 W3 ❑ W3 D D D W3 W3 W3 W3 PIS Permitted use D D N N N N N D D N D P zone Conditional use D D D D D D D D D D D Single-family dwelling, duplex, child care facility, or group N7 N7 N7 N7 N7 N7 N7 N7 N7 N7 N7 home 23 Exhibit A Page 24 of 37 Screening Requirements Table 3.06D N = No screening required F = Sight -obscuring fence required 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 v of screening CL o OCO o,E O CO Q o' N o o -- 0 (D CL c Z D N co Property being Developed -- o Z Z j ca E 2, E o 2 must provide screening if no C 2i 2 z D `� 47 comparable screening exists i o L O v p N �- o O - CLo QD O7 a 42 u—, N C 43 0 7 M E on abutting protected property © U ri 05 U f Z Multiple -family dwelling, childW2 W2 5 W2 W2 W2 W2,5, Care facility, group home or ,5, 8 D 8 D 5, 8 5, 8 5, 8 Wz,s, $ D p 8 nursing home Nonresidential use in a W2 W2 D D D D D W2 W2 D W2 residential zone Manufactured dwelling park W2 W2 W2 W2 W2 W2 W2 W2 W2 W2 D Boat, recreational, and vehicle storage pad, if within 10 feet of F2 F2 F2 F2 F2 N F2 F2 F2 F2 F2 a property line Common boat, recreational, W2 W2 W2,4 W2 W2 D W2 W2,4 W2,4 W2,4 W2,4 and vehicle storage area 4 4 14 4 '4 Refuse and recycling collection facilities except for single- p g W2 W2 Wz,6 W2 W2 WZ W2 W2,s,7 K&', 6,7 W2,6, W2,6, family dwelling, duplex, child 6,7 7 6,7 6,7 6,7 6,' 7 7 care facility, or group home 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. 24 Exhibit A Page 25 of 37 Screening Requirements Table 3.06D N = No screening required F = Sight -obscuring fence required 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 screening Q 7; o U N 0 = 72 N 1 CL o 0 1 C)� CL� ° Property being Developed — L_o N z N z o N [r = U —'' ,' - Z}] _ D -0 I must provide screening if no z c 2 o comparable screening exists o v N o -� a —��', a (D -°)v ._ on abutting protected property 2 nn 0 v a z a 2. Six to seven feet in height 3. Six to nine feet in height 4. Abutting streets must also be screened. 5. Screening is required abutting multiple -family dwellings, commercial or industrial uses only. 6. In industrial zones, screening is required only where the refuse collection facility is in a yard abutting a public street, parking lot, or residentially zoned property. 7. Child care facility for 12 or fewer children, group home for five or fewer persons. 8. Child care facility for 13 or more children, group home for six or more persons. 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). 10. No screening is required where a building wall abuts a property line. 11. Where a wall is required and is located more than two feet from the property line, the yard areas on the exterior of the wall shall be landscaped to a density of one plant unit per 20 square feet. 17. Section 3.07 includes design standards for single family, manufactured dwellings. The section needs to identify the The current text also states that, "Manufactured dwellings duplexes and adoption date. have different 25 Exhibit A Page 26 of 37 standards for roofing, exterior finish and garage/carports; otherwise, all standards in this Section apply to manufactured dwellings." Reference to carports should be deleted. Secondly, the materials listed for exterior siding should be broadened to include the additional materials Section. 3.07.02 Single -Family Dwellings, Duplexes and Manufactured Dwellings on Individual Lots in Pre-existing _Developments A. Applicability B. This Section shall apply to all new single-family dwellings, duplexes and manufactured dwellings on individual lots in subdivisions and Planned Unit Developments, approved on or before [the date of adeptieR of this SeGtie-nj Aupuf 12 11 and in partitions. C. Manufactured dwellings have different standards for roofing, exterier finish and naFageloaq)9"; otherwise, all standards in this Section apply to manufactured dwellings. The term "dwelling" includes single family, duplexes and manufactured dwellings. B. Roof Standards 1. Pitch Site -built dwellings shall have a minimum roof pitch of 4:12. Manufactured dwellings shall have a minimum roof pitch of 3:12. 2. Material Roofing material shall be composition shingles, clay or concrete tile, metal, cedar shingles or shakes. Composition shingles shall be architectural style, with a certified performance of at least 25 years. 3. Eaves Eaves of a dwelling unit or garage shall provide a minimum 12 -inch projection. C. Exterior Finish The exterior finish of a dwelling shall have the appearance of either horizontal ffr vett lap siding, shakes, la#t� bawd saner shingles, brick or stucco. Where horizontal lap siding is used, it shall appear to have a reveal of three to eight inches. Plain concrete, corrugated metal, plywood and press board shall not be used as exterior finish material. D. Garage 1. Single-family dwellings, duplexes, and manufactured dwellings shall have a garage. 2. The facade containing the vehicular entrance for an attached garage shall N Exhibit A Page 27 of 37 either: a. Face away from the street frontage of the main pedestrian entry of the dwelling, at an angle of at least 90 degrees, or b. Comprise less than half the lateral dimension of the total facade facing a street, or c. Comprise no more than 65 percent of ''notal facade of the structure facing the street, including second stories, dormers, and eyebrows. Figure 3.107A -- Garage (yellow) comprises less than half the lateral dimension of the facade (yellow plus blue) Figure 3.10713 — Garage (yellow) comprises no more than 65 percent of total facade (yellow plus blue) 3. The facade containing the vehicular entrance for a detached garage shall either: a. Face away from the street frontage of the main pedestrian entrance of the dwelling, at an angle of at least 90 degrees, or b. Set back at least 20 feet beyond the facade containing the main pedestrian entrance. c. The area of the facade of the garage shall be no greater than of the facade of the dwelling. E. Main Pedestrian Entrance The main pedestrian entrance of each dwelling, excluding dwellings on flag 1=eit nd,��,are dein shall face the street. 2. The main entrance to each dwelling shall have either: a. A covered porch, at least 48 square feet in area, with a minimum dimension of six feet on at least one side; or b� A recessed entry, at least 24 square feet in area, with a minimum dimension of four feet on at least one side. F. At least 15 percent of the facade wall surface of a dwelling facing a front lot line shall be windows, excluding roofs and non -habitable wall area under the end of a roof, and excluding the garage faeade. 27 Exhibit A Page 28 of 37 G. The front of the dwelling shall either contain: 1. An articulated roof line, incorporating more than one pitch or elevation of the ridge line that is visible in the front elevation, excluding a porch; or 2. A gable, dormer, eyebrow, offset roof line or other vertical, architectural extension of the building at least 36 inches above the eave; or 3. An off -set line in the facade of the building of at least 36 inches and ten feet in length, excluding a recessed pedestrian entrance or porch. 18.Section 3.07.04 establishes design standards for single family and duplexes in the Neighborhood Conservation Overlay District (NCOD). The purpose of the standards is to protect the unique character of the community's oldest and most central neighborhood. While the majority of homes there were built in the early part of 1900's, newer homes were constructed in the 60's — 90's. Allowance needs to be made for the newer homes, with recognition of their construction style. 3.07.04 Single -Family Dwellings and Duplexes in the Neighborhood Conservation Overlay District NCOD A. Applicability For any new single-family dwelling, duplex, or accessory structure within the Neighborhood Conservation Overlay (NCOD), all facades shall be subject to architectural review. 2. The exterior remodel to single family dwellings, duplexes, and accessory structures shall be subject to architectural review. 3. At the time of application, the applicant shall choose whether the Design Review shall be conducted as a Type 1, 11, or III review (Section 5.01, 5.02, 5.03), depending on floor area, For a Type I review, the criteria of this Section shall be read as "shall" and shall be applied as standards. For a Type II or III review, the criteria of this Section shall be read as "should" and shall be applied as guidelines. B. Design Guidelines and Standards 1. The proposed construction should/shall provide architectural details, such as dormers, bays, bracketing, cornices and trim, to add aesthetic visual interest and detail. 2. The design should/shall minimize the negative visual impact of on-site automobile parking within the district by orienting garage openings so that they do not front directly onto a public street. An attached garage opening should either be located a minimum of 10 feet back from the building facade or the garage should be detached. 3. Long, flat facades on buildings should/shall be avoided. Buildings should/shall 28 Exhibit A Page 29 of 37 not be more than 50 feet wide. 4. The character of single-family and duplex roofs shall be maintained. The roof pitch should/shall be a minimum of 6:12. 5. The main entrance of a dwelling should/shall face the street and be covered with a roof. 6. Windows in the building should/shall be wood sash with trim that is at least 5Y2 inches wide. No pane of glass should/shall be any larger than 30 inches wide by 84 inches high. Glass should/shall be clear or stained. 7. Horizontal wood siding, brick or stucco should/shall be used for exterior finishes. For building additions, 6hd4i;° a ,.Y ,the exterior finish should/shall be of the same style and character as the existing building. 19. Section 3.07.07 addresses design standards for the Downtown Development and Conservation Zone (DDC). Section 7, which addresses windows, needs reformatting for consistency. 3.07.07 Downtown Development and Conservation (DDC)Zone B. Design Guidelines or Standards 7. Windows a. Windows which allow views to the interior activity or display areas are encouraged. Windows shall include sills at the bottom and pediments at the top. Glass curtain walls, reflective glass, and painted or darkly tinted glass shall not be used on the first floor. b. Ground Floor Windows (1) All new buildings must provide ground floor windows along adjacent street rights-of-way. (2) Required window areas must be either windows that allow views into working areas or lobbies, pedestrian entrances, or display windows. (3) Required windows must have a sill no more than four feet above grade. Where interior floor levels prohibit such placement, the sill must be raised to allow it to be no more than two feet above the finished floor level, up to a maximum sill height of six feet above grade. (4) Glass curtain windows are not permitted. (5) Darkly tinted windows and mirrored windows that block two-way visibility are prohibited as ground floor windows along street facades. (6) Any wall that faces a public right-of-way must contain at least 20% of the ground floor wall area in display areas, windows, or doorways. Blank walls are prohibited. 29 Exhibit A Page 30 of 37 (7 ! Upper Floor Window Standards { Glass area dimensions shall not exceed five feet by seven feet. (The longest dimension may be taken either horizontally or vertically.) 04 M Windows must have trim or molding at least two inches wide around their perimeters. (4) L3, At Fast half of all the window area in upper floors must be made up of glass panes with dimensions no greater than two feet by three feet. 20. Section 3.09.01 B omitted Planned Unit Developments within Multi - Family (RM & RMN) zones. This was an oversight and needs correction. Section 3.09.01 Allowable Types and Minimum Area of PUDs B. Transfer of Density PUD 1. A Transfer 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. C. Residential PUD 1. A Residential PUD shall consist entirely of property zoned RS, Rhe, RSN, RAN, R1 S, or PISP, or in more than one such zone. A PUD is not allowed in the Neighborhood Conservation Overlay District (NCOD). 2. A Residential PUD shall contain a minimum of two acres. D. 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. A Mixed -Use PUD shall contain a minimum of three acres. 21. Table 3.10.10B should provide for monument signs on sites with multiple street frontages. Permanent Signs in the CG Zone Table 3.10.10B Pole Si n's 30 Exhibit A Page 31 of 37 Permanent Signs in the CG Zone Table 3.10.1013 Frontage Freeway Overlay (See Figure 3.10L) Elsewhere Less than Not allowed Not allowed 100 feet - Maximum 1 per single -tenant site or - Maximum 1 per single -tenant complex site or complex 100-299 feet - Maximum 45 feet high - Maximum 20 feet high • Maximum 32 square feet - Maximum 200 square feet or 4.5 tenant) square feet per foot of actual height,single •Maxiaximum 50 square feet whichever is less (complex) - Maximum 1 per single -tenant site or • Maximum 1 per single -tenant site or complex complex • Maximum 20 feet high 300-599 feet • Maximum 45 feet high • Maximum 50 square feet - Maximum 200 square feet or 4.5 tenant) square feet per foot of actual height,single •Maxiaximum 75 square feet whichever is less (complex) - Maximum 1 per single -tenant site or complex 600- 999 feet • Maximum 45 feet high - Maximum 300 square feet or 6.7 square feet per foot of actual height, whichever is less - Maximum 1 per single -tenant site or complex - Maximum 1 per single -tenant 1,000-1,199 . Maximum 45 feet high site or complex feet . Maximum 550 square feet or 12.3 • Maximum 20 feet high square feet per foot of actual height, - Maximum 100 square feet whichever is less - Maximum 1 per single -tenant site or complex 1,200 feet or . Maximum 45 feet high more - Maximum 850 square feet or 18.9 square feet per foot of actual height, whichever is less 31 Exhibit A Page 32 of 37 Permanent Signs in the CG Zone Table 3.10.1 OB Monument Signs Frontage Allowance • Maximum 1 per frontage on the same street 1-299 feet • Maximum 4 signs per single -tenant site or complex. • Maximum S feet high • Maximum 32 square feet each lajrrefetceMJh e. metre 300 feet or • M, Ei` th of more * Mu^suar.:eet ecf .-Maximum 1 Pee SiRgle_tenant site eF oamplex .-Maximum 8 feet high • Maximum 100 sre_1 aFe feet Wall Signs • Minimum 20 square feet • Maximum 6 percent of facade or 200 square feet, whichever is less • Allowance increases by 50 percent if the wall is more than 200 feet from the public right-of-way Awning or Marquee Signs • Deemed wall signs • Shall not extend above or below the awning or marquee Canopy Signs • Maximum 2 sides of canopy • Maximum 15 percent of canopy face or 50 square feet, whichever is less Projecting Signs 32 Exhibit A Page 33 of 37 Flags • Maximum 2 • Maximum 40 square feet each • Maximum 40 feet high • Exempt from application and permit requirements Window Signs • Maximum 50 percent of window area on each facade • Exempt from application and permit requirements Signs on Phone Booths and Product Dispensers • Maximum 3 square feet on an individual unit • Exempt from application and permit requirements Bench Sigres • Maximum 1 square foot per bench • Exempt from application and permit requirements 1. A monument sign may not be established on the same frontage as a pole sign. 2. Changing image is allowed on freestanding signs only, up to 50 percent of the total sign area. 3. Externally or internally illuminated signs -- except internally illuminated awnings --- are allowed. 4. For signs regulated by ORS 646.930 (Motor vehicle fuel prices; requirements for 33 Permanent Signs in the CG Zone Table 3.10.1 OB • Not allowed on a site or complex with a pole or monument sign • Maximum 1 per single -tenant site or complex • Minimum 8 feet above ground • Maximum 24 square feet • Maximum 6 foot projection Suspended'S..igns • Maximum 1 at each entrance to a building or tenant space • Shall not project past the outer edge of the roof structure • Minimum 8 feet above ground • Maximum 6 square feet Drive-through Signs • Maximum 2 • Maximum 8 feet high • Maximum 8 feet wide Flags • Maximum 2 • Maximum 40 square feet each • Maximum 40 feet high • Exempt from application and permit requirements Window Signs • Maximum 50 percent of window area on each facade • Exempt from application and permit requirements Signs on Phone Booths and Product Dispensers • Maximum 3 square feet on an individual unit • Exempt from application and permit requirements Bench Sigres • Maximum 1 square foot per bench • Exempt from application and permit requirements 1. A monument sign may not be established on the same frontage as a pole sign. 2. Changing image is allowed on freestanding signs only, up to 50 percent of the total sign area. 3. Externally or internally illuminated signs -- except internally illuminated awnings --- are allowed. 4. For signs regulated by ORS 646.930 (Motor vehicle fuel prices; requirements for 33 Exhibit A Page 34 of 37 Permanent Signs in the CG Zone Table 3.10.10B display), an additional 32 square feet may be incorporated into another sign, or may be installed as a separate wall or monument sign. The fuel price display area of such signs may be electronic changing -image. If the price of four or more fuel products is required to be displayed, the additional allowance shall be 42 square feet. 22.The heading format of Table 3.10.10E (Permanent Signs in the IP, IL, and SWIR Zones), needs correction. Permanent Signs in the IP, ll_and SWIR Zones Table 3,10.10E Monument Signs • Maximum 1 per single -tenant site or complex • Less than 300 feet of frontage • Maximum 32 square feet • Maximum 8 feet high • Maximum 1 per single -tenant site or complex • Maximum 1 additional if a complex has 2 street • 300 feet or more of frontage frontages over 300 feet each • Maximum 50 square feet each • Maximum 8 feet high WaH.Signs • Minimum 16 square feet • Maximum 4 percent of facade or 150 square feet, whichever is less Awning/Marquee Signs . Deemed wall signs • Shall not extend above or below the awning or marquee Projecting Signs 34 Exhibit A Page 35 of 37 Permanent Signs in the IP, ILS and SWIR Zones Table 3.10.10E • Not allowed on a site with a monument sign • Maximum 1 per single -tenant site or complex • Minimum 8 feet above ground • Maximum 20 square feet • Maximum 4 foot projection Suspended Sign$' • Only at entrance to a building or tenant space • Minimum 8 feet above ground • Maximum 6 square feet • Shall not project past the outer edge of the roof structure I Flags • Maximum 2 • Maximum 40 square feet each • Maximum 40 feet high • Exempt from application and permit requirements Window Signs • Maximum 50 percent of window area on each facade • Exempt from application and permit requirements Signs on Phone Booths and. Product Dispensers • Maximum 3 square feet on an individual unit • Exempt from application and permit requirements Bench Signs • Maximum 1 square foot per bench • Exempt from application and permit requirements 1. Pole and canopy signs are not allowed. 2. At least 100 feet of separation is required between monument signs in the same complex. 3. Externally or internally illuminated signs — except internally illuminated awnings — are allowed. 35 Exhibit A Page 36 of 37 Permanent Signs in the IP, IL and SWIR Zones Table 3.10.10E 4. Changing image is allowed on monument signs only, up to 50 percent of the total sign area. 5. For signs regulated by ORS 646.930 (Motor vehicle fuel prices; requirements for display), an additional 32 square feet may be incorporated into another sign or may be installed as a separate wall or monument sign. The fuel price display area of such signs may be electronic changing -image. If the price of four or more fuel products is required to be displayed, the additional allowance shall be 42 square feet. 23. Section 5.01.02, 5.01.03 & 5.01.08 make reference to sections 2.1 & 3.1, but the correct reference should be Sections 2 & 3. 5.01.02 Design Review Type I A. Purpose: The purpose of this review is to ensure all residential and non-residential buildings comply with the standards found in the Land Use and Development Guidelines and Standards (Sections 24 and 34) Sections of this Ordinance. B. Applicability: The Type 1 Design Review is applicable to the following: Residential Buildings a. Single family dwellings, manufactured dwellings, or duplexes in residential zones in an RS, R1 S and RM zone, except where subject to an architectural design review process approved by the Planned Unit Development (PUD) (Section 3.09:02.E). b. Exterior alterations to single family, manufactured dwellings, duplexes and multi -family dwellings in an RS, R1 and RM zone; except where subject to an architectural design review process -approved by the Planned Unit Development (PUD) (Section 3.09.02.E) or when; The subject dwelling has a prior Type I design review approval; and The alteration is subject to building permit approval. c. Multi -family dwellings that comply with all standards found in the Land Use A cz^^^'fi"'' Use, and Development Guidelines and Standards (Sections 2-1, 2-2, and 34) of this Ordinance. 2. Non Residential Buildings a. New buildings 500 square feet or less in commercial zones or 1,000 square feet or less in industrial zones. b. Sites with existing buildings, expansions or new buildings that increase lot al Exhibit A Page 37 of 37 coverage by 10% or less. c. Change in use that increases required parking by 10% or less. d. Fagade changes or structural changes requiring a building permit. e. Establishment of a use in a building vacant for 5 months or more. C. Criteria: Applications are evaluated for compliance with the standards found in the Land Use,—and Specified Use, and Development Guidelines and Standards (Sections 2.1,2.2 and 34) of this Ordinance. D. Procedure: The Director shall review the application for compliance with the applicable standards of this Ordinance. 5.01.03 Fence and Free -Standing Wall A. Purpose: The purpose of this review is to ensure that fences and free-standing walls comply with the locational and height standards found within the Specified Use Standards (Sections 2.291 and 2.292). B. Criteria: Applications shall be reviewed for compliance with the locational and height standards of this Ordinance for fences and free-standing wails. C. Procedure: The Director shall review the proposal fence and/or free-standing wall for compliance to City regulations. 5.01.05 Property Line Adjustment; Consolidation of Lots A. Purpose: The purpose of this review is to ensure that adjustments to property lines or the consolidation of existing lots and parcels, complies with the standards of this ordinance (Section 24), and State Statutes (ORS Chapters 92 and 209). Property line adjustments and consolidation of lots are allowed in all zones. B. Criteria: Lot area, depth, width, frontage, building setbacks, vehicular access and lot coverage comply with the standards of this ordinance (Sections 2 and 3); 2. Existing easements are accurately reflected; 3. Existing land use and development on the subject property comply with the requirements of prior land use actions; and 4. Buildings and structures abutting the adjusted property lines comply with State building codes and with respect to current occupancy. 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. C. Procedure: The Director shall review and approve the application when it is found that it meets this Ordinance and the State Building Codes. 37 Exhibit B Page I of 7 270 Montgomery Street Woodburn, Oregon 97071 Phone (503) 982-5246 Fax f5O3) 982-5244 Date April 26, 2016 To: The Planning Commission From: Jim Hendryx, Community Services Director Subject: Legislative Amendment (LA 2016-01) Scrivener Errors On July 28, 2016 the Planning Commission conducted a public hearing on LA 2016 — 01 to consider amendments to the Woodburn Development Ordinance. Section 2,05 Nodal Standards, Section 2.06 Fences and Walls and various sections to correct scrivener errors of the ordinance were on the agenda for discussion. Given the length of the meeting and the number of items under consideration, the Commission took action on amendments to sections 2.05 and 2.06, forwarding recommendations for approval to the City Council. The public hearing on the remaining amendments, primarily dealing with scrivener errors, was continued to September 22, 2016. The attached staff report remains the same as the staff report from the July 28, 2016 meeting, However, Attachments A and B, which dealt with Sections 2.05 and 2.06, have not been included, since they were acted upon previously. Attachment C is attached and will be the focus of this hearing. Subsequent workshop meetings and hearings will be scheduled to discuss and address other needed Woodburn DO revisions in the coming months, Procedurally, the Chair will reopen the public hearing, staff will present the staff report, testimony in favor and opposition will be given and once the public hearing is closed, the Planning Commission will deliberate and give their recommendation to the City Council. The City Council considered the Planning Commission recommendations on Sections 2,05 and 2.06 and approved both as recommended. WOODBURJ, Exhibit B Page 2 of 7 riff wr w -j Planning Division 270 Montgomery Strut Woodburn, Oregon 97079 - (503) 982- 5246 PLANNINGT PUBLICHEARING w ...._. Application Type ------------------ .............. _.... ....------------- . ....... Type V Legislative Amendment � Application umber LA 2016-01 .. .......................,.......,..,..,_ Project Description Devise Sections 2.05 Nodal Standards; 2.06 Fences and Walls; � and various sections to correct scrivener errors of the Woodburn Development Ordinance Area a.. Entire City a Zoning_�..�.�_...___.__..__..._.,M..,.µ,�_�_.,._ All zones____. Planner Assigned Jiro Hendryx, Director 120 -Day Deadline ~ Not applicable to legislative decisions Date of Staff Deport August 17, 2016 Date of Public Hearing August 25, 2016T� Beginning in 2009, the Woodburn Development Ordinance (WDO) was entirely rewritten. Initially, sign standards were revised (2010). Then, in 2011, administrative provisions were updated and in 2013, the remaining sections of the ordinance, primarily dealing with land use standards, were updated. The ordinance was again readapted in the fall of 2013 to address scrivener errors, resulting in reformatting the WDO. The WINO states that the Director shall keep a list of potential modifications to the ordinance and report those to the Council, who may initiate such modifications if they so choose. Additionally, Council can initiate such modifications anytime, at their discretion. Council gave direction to address these WDO issues this past February. At the ,lune Planning Commission Workshop, there was recognition of the need to update City fence standards. The current standards are restrictive for corner and through lots. Additionally, fencing regulations in non-residential areas is similar to residential standards and does not address security needs for businesses. With the 2005 Periodic Review and Urban Growth Boundary amendments, the City enacted four new zoning districts, three of which are nodal zones (single family, multi -family and commercial) as well as the South West Industrial Deserve (SWID). None of these zones LA 016-01 WDO UPDATE15ta.ffreport PC Page 1 of 7 Exhibit B Page 3 of 7 have been utilized before, since these areas have always been outside City limits in the contested urban growth boundary (UGS). However, now that the UGB is approved, discussions with potential developers have highlighted the need to resolve any oversights and mistakes. The proposed amendments address scrivener errors, revisions to nodal requirements, and fence standards for both residential and non-residential uses. ANALYSIS AND FINDINGS OF FACT — Woodburn Develooment. Lin- Ordir _ance WDO 4. 101 Decision Making Procedures Findings: Under Section 4.101.02,E of the Woodburn Development Ordinance, decisions involving legislative actions where the City Council amends the City's land use regulations, Comprehensive Plan, Zoning Map or some component of these documents where changes are of such a size, diversity of ownership or interest as to be legislative in nature under state law 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 final public 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 days after it becomes final. Conclusion: This legislative amendment is correctly processed as a Type V decision. Eirsdla� s: Under Section 4.101 .03, the City Council may initiate any type of land use action by a motion designating the appropriate City department to complete and file the application. The City Council passed a resolution this past February, initiating Legislative Amendment 2016 - 01. The Commission conducted a work shop in June and provided direction for the attached amendments. Other work shop meetings and public hearings will follow to address other needed revisions. Conciusion: The City Council directed staff to initiate amendments to the WDO. The Commission conducted a workshop and provided direction on initial amendments to the Ordinance. Findings: Under Section 4.101.10, the Planning Commission shall hold at least one public hearing before recommending action on a legislative proposal, Any interested person may appear and provide written or oral testimony on the proposal at, or before, the hearing. The Director shall notify the Oregon Department of Land Conservation and Development (DLCD) at least 35 days before the first hearing, or as required by the post -acknowledgment procedures of ORS 197.610 to 197,625, as applicable. Once the Planning Commission hearing has been scheduled and notices sent out, the Director shall prepare, and make available, a report on the legislative proposal at least seven days before the hearing. At the conclusion of the hearing, the Planning Commission shall adopt a recommendation on the proposal to the City Council. The Planning Commission shall make a report and recommendation to the City Council on all legislative proposals. If the Planning Commission LA2016-01 WDO UPDAMStaff report PC Page 2 of 7 Exhibit B Page 4 of 7 recommends adoption of some form of the proposal, the Planning Division shall prepare and forward to the City Council a report and recommendation to that effect. Upon receiving a recommendation from the Planning Commission on a legislative action, the City Council shall hold at least one public hearing on the proposal. Any interested person may provide written or oral testimony on the proposal at, or prior to, the hearing. At the conclusion of the hearing, the City Council may adopt, modify or reject the legislative proposal, or it may remand the matter to the Planning Commission for further consideration. If the decision is to adopt at least some form of the proposal, and thereby enact or amend the City's land use regulations, Comprehensive Plan, official Zoning Map or some component of any of these documents, the City Council decision shall be enacted as an ordinance. Not later than five working days following the City Council's final decision, the Director shall mail notice of the decision to the DLCD, in accordance with ORS Chapter 197. Conclusions: The Planning Commission is scheduled to conduct a public hearing and make recommendations to the City Council. Notice has been provided to the Oregon Department of Land Conservation and Development (DLCD) and Marion County. Background information, including the staff report, has been made available for public inspection, The City Council is scheduled to conduct a public hearing on September 12, 2016 to receive the Commission's recommendations and public input. All provisions of this section of the WDO and State statute have been met. fjndjM: Public notice is provided for all public hearings in accordance with Section 4.101.14 of the WDO. Notification was provided to affected agencies, including the Department of Land Conservation and Development and Marion County, in advance of the Commission's hearing. Notification was provided to the Woodburn Historic Neighborhood Association. 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 notifications also included a summary of the proposed amendments. All notification documents provided information regarding the public hearing procedures and how to review or obtain copies of the documents to be considered. :�onclusion, Notification requirements consistent with the provisions of the Woodburn Development Ordinance and statutory requirements were met. WDO 5,104,04 Zoning Map Change, Owner Initiated Fin,dinos: Section 5.104.04 governs changes to the Zoning Map that are initiated by a property owner. This case is initiated by the City and applies to many separate properties. Conclusion: Section 5.1 04,04 does not apply to the proposed Zoning Map amendment. Eindho: Under State statute, all cities and counties in Oregon must have an approved comprehensive plan, along with implementing ordinances. Amendments to an approved LA2016-01 WDO UPDATE\Staff report PC Page 3 of 7 Exhibit B Page 5 of 7 comprehensive plan must be consistentwith State statutes. Implementing ordinances must be consistent with the Comprehensive Plan. The Woodburn Comprehensive Plan was originally adopted in 1978, and subsequently amended several times, The Woodburn Development Ordinance was adopted 2008, and most recently amended in 2013. Conclusion: Amendments to the Woodburn Comprehensive Plan and the Woodburn Development Ordinance will be evaluated for consistency with the Comprehensive Plan and State statute. ANALYSIS AND FINDINGS OF FACT —' oo burn Comprehensive Plan Findinas: The Comprehensive Plan (Volume I 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 consistent with the purpose of the plan. The Zoning Map will be more specific than the Comprehensive Plan Map, and may have more designations than the Comprehensive Plan Map. In addition, there will be many cases where the zoning ordinance will be more restrictive than the map. This is because there are areas which must be retained in a more restrictive zone until public facilities are developed or public need is established for a zone change to a less restrictive zone. However, in no case should the Zoning Map allow a use which is less restrictive than that called for in the Comprehensive Plan." With the 2010 — 2013 revisions to the WDO revision, scrivener errors occurred, which can cause confusing, and at times, contradictory standards. With the improved economy and increased land use activity, other errors have also come to light, The current fence and wall standards are restrictive for corner and through lots. Additionally, fencing regulations in non-residential areas, which at present are similar to residential standards, do not address security needs for businesses. Property and business owners continue to express frustration with the current regulations. While the City offers free fence permits, homeowners and business owners continue to complain about the current fence standards. Residents want to fence their properties to address privacy and security needs. Business owners continue to be primarily concerned about security. In 2005, City enacted four new zoning districts, three of which are nodal zones (single family, multi -family and commercial) as well as the South West Industrial Reserve (SWIR). None of these zones have been utilized before, since these areas have generally been outside City limits. Recent discussions with potential developers have highlighted the need to update and revise the nodal standards. For example, while row housing is encouraged, current standards discourage their development; lot standards (width and depth) should be reduced in recognition of the narrowness of this particular type of development. Likewise, nodal standards recognize conventional development, but the WDO rewrite precludes that type of development. The proposed update addresses these issues. LA.2016-01 WDO UPDATE\Slaff report. PC Page 4 oF7 Exhibit B Page 6 of 7 Conclusions: The amendments insure that the WDO implements the Comprehensive Plan. Confusing standards and circular references have been eliminated. 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 I 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;" Between the years 2010-2013, the Woodburn Development Ordinance was completely rewritten. Since then, scrivener errors have come to light that need correction, Secondly, current fence standards for both residential and non-residential properties are not meeting the needs or residents and businesses. While nodal standards encourage particular types of development, existing standards make it difficult to develop. The rewrite addresses these deficiencies. Conclusions: The Comprehensive Plan recognizes that plans and implementing ordinances like the WDO continue to evolve and change over time. The amendments are consistent with the intent of the Comprehensive Plan and Statewide goals and guidelines. �Fi�ndln s �: The Comprehensive Plan (Volume 1, Goals and Policy Amendments) states: "Goal C-1 of the Comprehensive Plan is to coordinate with Marion County regarding planning issues that extend beyond the boundaries of the City of Woodburn, including amendments to the Comprehensive Plan and Transportation System Plan, and achieve a compact urban growth form." Affected public agencies, including Marion County, have been notified on the proposed amendments to the WDO, Conclusion: Legislative 2016-01 complies with Goal C-1 of the Comprehensive Plan, 1.A2016-01 WDO UPDATF\Staff report PC Page 5 of 7 Exhibit B Page 7 of 7 RndincLs: The State adopted 19 goals for state and local land use decisions. The statewide planning goals applicable to this case are Goals I (Citizen Involvement), 2 (Land Use Planning), 9 (Economic Development) and 12 (Transportation). * Goal I 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 has been provided. Open houses have been held and public hearings conducted. * Goal 2 requires that the City establish a 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 clarify the intent of the WDO by: o Including diagrams, illustrations, tables, charts and maps o Updating and standardizing terminology o Eliminating conflicting standards and circular references o Making the ordinanoe more user-friendly o Correcting scrivener errors * Goal 9 requires the City to provide adequate opportunities for a variety of economic activities vital to health, welfare, and prosperity. The amendments clarify the standards of the Ordinance. Goal 12 requires that the City provide and encourage a safe, convenient and economic transportation system. The proposed amendments recognize the need fencing while recognizing vision clearance standards along public streets. Conclusion.- The proposed additions and amendments are consistent with applicable statewide planning goals. I �101 11911 AT Uz, IMT R. Findings: Legislative amendments are Type V legislative decisions. The Development Ordinance addresses Type V decisions in Section 4.101.06.E, Decision Making Procedures. The Planning Commission holds an initial public hearing on the proposal and makes a recommendation to the City Council, The City Council then holds a de novo public hearing and makes the City's final decision. Conclusions: The proposed amendment is a Type V legislative decision. The decision -maker is the City Council. Etgkm. The Oregon Department of Land Conservation and Development was sent a Notice of Proposed Amendment, as required by statute. Affected agencies (Marion County, the State of Oregon, the Woodburn School District, and the Woodburn Fire District,) as well as the Woodburn Historic Neighborhood Association, were also notified by mail. Notice was published in the Woodburn Independent. LA2016-01 WDO UPDAMStaff report PC Page 6 of 7