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October 10, 2016 Agenda KF,M CW ATHRYN IGLEYAYOR ITY OF OODBURN TAL,CW1 ERESA LONSO EONOUNCILOR ARD LE,CWII ISA LLSWORTHOUNCILOR ARD CCA RC,CWIII ITYOUNCILGENDA OBERT ARNEYOUNCILOR ARD S S,CWIV HARON CHAUBOUNCILOR ARD FL,CWV RANK ONERGANOUNCILOR ARD O10,2016–7:00.. CTOBERPM E M,CWVI RIC ORRISOUNCILOR ARD CHCC–270MS ITY ALL OUNCIL HAMBERS ONTGOMERY TREET 1.CALL TO ORDER AND FLAG SALUTE 2.ROLL CALL 3.ANNOUNCEMENTS AND APPOINTMENTS Announcements: None. Appointments: A.Planning Commission Appointments 4.COMMUNITY/GOVERNMENT ORGANIZATIONS None. 5.PROCLAMATIONS/PRESENTATIONS Proclamations: None. Presentations: A.Public Outreach Community Update1 B.Downtown Business Outreach Strategy C.Mary Tennant Award forExcellence 6.COMMUNICATIONS . None – This allows the public to introduce items for Council 7.BUSINESS FROM THE PUBLIC consideration not already scheduledon the agenda. 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.** October 10, 2016Council Agenda Page i –Items listed on the consent agenda are considered routine 8.CONSENT AGENDA and may be adopted by one motion. Any item may be removed for discussion at the request of a Council member. A.Woodburn City Council minutes ofSeptember 26, 20169 Recommended Action: Approve the minutes. B.Woodburn Planning Commission minutes of August 25, 201614 Recommended Action: 9.TABLED BUSINESS None. 10.PUBLIC HEARINGS A.Legislative Amendment -LA 2016-01, Scrivener Errors18 Recommended Action:It is recommended that the City Council hold a public hearing on Legislative Amendment LA 2016-01, which amends the Woodburn Development Ordinance regarding scrivener errors. It is further recommended that an ordinance be prepared implementing Council’s direction. –Members of the public wishing to comment on items of general 11.GENERAL BUSINESS 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.3021-A Resolution Designating Authorized 63 Officials to Sign on Bank and Investment Accounts Recommended Action:Approve the attached resolution authorizing signers on the City’s bank accounts. B.Council Bill No.3022-A Resolution Establishing the City of 66 Woodburn’s Commitment to Join the Heal Cities Campaign and to put Healthy Options within Reach of all Residents Recommended Action:That the City Council adopt a resolution establishing the City of Woodburn’s commitment to join the HEAL Cities Campaign and put healthy options within reach of all residents. – These are 12.PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS Planning Commission or Administrative Land Use actions that may be called up by the City Council. A.Planning Commission approval of a variance to allow a non-79 October 10, 2016Council Agenda Page ii conforming free-standing sign to remain after July 1, 2023, after which time all non-conforming signs are required to come into conformance with current sign standards (VAR 2016-06 Grieg and Stella Olsen) Recommended Action:No action is recommended. This item is placed before the Council for informational purposes, in compliance with the Woodburn Development Ordinance Section 4.02.02. The Council may call up this item for review if desired. 13.CITY ADMINISTRATOR’S REPORT 14.MAYOR AND COUNCIL REPORTS 15.ADJOURNMENT October 10, 2016Council Agenda Page iii 1 CONSTANT CONTACT COMMUNITY WEEKLY E-BLAST ENGLISH VERSION: 1,167 SUBSCRIBERS SPANISH VERSION: 166 SUBSCRIBERS FORWARDED EMAILS TO GROUPS PUTS ESTIMATED REACH AROUND 7,000-10,000 EACH WEEK 2 SOCIAL MEDIA FACEBOOKTWITTER CITY PAGE: 1,267 253 FOLLOWERS FIESTA PAGE: 1,889 135 TWEETS RECREATION: 1,607 YOUTUBE AQUATIC CENTER: 2,660 11 VIDEOS UPLOADED WOODBURN PUBLIC LIBRARY: 589 OVER 1,000 VIEWS OVER 8,000 3 SOCIAL MEDIA FACEBOOK REACH ONE EXAMPLE OVER 9,000 PEOPLE SAW THIS POST WITH 25 SHARES, THAT IS 25 MORE SETS OF EX: IF EACH OF THOSE WHO SHARED HAD 500 4 WPD APP ENGLISH VERSION -869 APP DOWNLOADSSPANISH VERSION -27 APP DOWNLOADS 563 IPHONES10 IPHONES 436 ANDROID25 ANDROID 16 WINDOWS2 WINDOWS COMBINED, THE APP HAS BEEN OPENED NEARLY COMBINED, THE APP HAS BEEN OPENED NEARLY 17,500 SINCE MARCH70 TIMES 5 WPD APP WHAT IS THE PURPOSE OF THE APP? PRESS RELEASES MOST WANTED QUICK POSTINGS TO SOCIAL MEDIA PHOTOS TIPS PEOPLE DO USE THIS THANK A COP 6 FLASHALERT IMMEDIATELY EMAILS MEDIA CONTACTS THROUGHOUT WILLAMETTE VALLEY (CAN GO STATE AND NATIONWIDE, TOO) A WAY TO GET POLICE, SAFETY INFO TO A LARGE AUDIENCE QUICKLY EX: MISSING CHILD LAST YEAR WITHIN MINUTES TV, NEWSPAPER HAD PHOTO ON WEBSITES, ETC. 7 OTHER MISCELLANEOUS OUTREACH OUT & ABOUT DIRECT MAIL TO WOODBURN ADDRESSES, COPIES AT CITY BUILDINGS SERVICE CLUBS CHAMBER ACTIVITIES RANDOM PUBLIC, MEDIA INQUIRES DOWNTOWN BUSINESS CONTACTS FIESTA MEXICANA, DOWNTOWN COMMUNITY EVENT QUESTIONS? 8 COUNCILMEETINGMINUTES SEPTEMBER26,2016 DATECOUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTYOF MARION, STATE OF OREGON,SEPTEMBER 26, 2016 CONVENED The meeting convened at 7:00 p.m. with Mayor Figley presiding. ROLLCALL MayorFigleyPresent Councilor CarneyPresent Councilor Lonergan Present Councilor SchaubPresent Councilor MorrisPresent Councilor EllsworthPresent Councilor Alonso LeonPresent StaffPresent: CityAdministrator Derickson, City Attorney Shields, Economic and Development Services Director Hendryx, Economic DevelopmentDirector Johnk, PoliceChiefFerraris, Public Works DirectorScott,Finance Director Montoya, AssistantCity Attorney Granum, Community Relations Manager Gutierrez-Gomez, Communications Coordinator Horton, City RecorderPierson ANNOUNCEMENTS 0:01 Mayor Figley announced that the Woodburn Police Department made an arrest in conjunction with a property crime spree that had occurred over a three year period. She added that theWoodburn Police Department takes keeping the community safe seriously. Mayor Figley thanked Economic Development Director Johnk and Community Relations Manager Gutierrez-Gomez for their work on the Hispanic Heritage Month - Woodburn Community Celebrationthat took place on Saturday, September 17th at the Downtown Plaza. COMMUNITY/GOVERNMENT ORGANIZATIONS 0:05 Woodburn Chamber of Commerce – Stuart Rodgers, Executive Director of the Woodburn Chamber of Commerce,and Economic Development Director Johnk provided information on the Woodburn Tourism Plan update. Councilor Alonso Leon suggested that the Chamber partner with nonprofit groups for events.Councilor Carney stated that he would like to hear backfrom the Chamberon this plan in 6 months. Councilor Morris stated that he would like to see the final branding ideas before they are implemented by the Chamber. PRESENTATION 0:41 Mayor Figley welcomed the City’s new Finance Director Sandra Montoya. Walt Beglau, Marion County District Attorney,and Paige Clarkson,Trial Team Supervisor, provided information onSenate Bill 111 Response Plan Update.Chief Police Ferraris added that when a police officer uses deadly force, he wants a process that is lawful, that honors the rights of everyone involved, and that is transparent and consistent. Mayor Figley recognizedEwart Brown for his work on the Community Connection 9 COUNCILMEETINGMINUTES SEPTEMBER12,2016 Project. City Administrator Dericksonthanked Ewart for his inspiration and well of enthusiasm, support and kindness onbehalf of city staff and himself. He added that he is often present when needed and reminds us why we got in to public service. Chief Ferraris stated that Ewart is a great example of community policing and thanked him for his work on the Community Connections Project. Ewart Brown stated that he made a commitment to the Mayor when he first met her to help make Woodburn the leading city of all the cities in the United States and he asked that people meet someone new, make a statement of encouragement, and leave a statement of hope and that doing so just might change a life. COMMUNICATIONS 1:06 Mayor Figley stated that Council members received a letterfrom a HOA in regards to the RV parking item that appears later on the agenda. CONSENTAGENDA Woodburn City Council minutes of September 12, 2016, A. Crime Statistics through August 2016. B. Lonergan/Ellsworth ... adopt the Consent Agenda. The motion passed unanimously. PUBLICHEARINGS 1:07 FY 2016-2017 Supplemental Budget Request A. A Public Hearingtoconsider input on FY 2016-2017 Supplemental Budget Request. MayorFigleydeclared the hearing open at 8:07 p.m. for the purpose ofhearing public input FY 2016-2017 Supplemental Budget Request.MayorFigleyaskedif anyone from the public would like to speak on this subject. No members of the public wished to speak ineither support or opposition of FY 2016-2017 Supplemental Budget Request. Mayor Figley declared the hearing closed at 8:09 p.m. B Republic Service Rate Increase A Public Hearingtoconsider input on Republic Service rate increase.Mayor Figley declared the hearing open at 8:09 p.m. for the purpose of hearing public inputon Republic Service rate increase.Councilor Lonergan recused himself from the discussion due to a conflict of interest.City Administrator Derickson provided a staff report.Matt Cofer, Operations Manager at Republic Service, provided a report on the proposal to Council. City Administrator Derickson stated that he received one phone call from a citizen who is opposed to the increase and two calls about the noise from the garbage trucks. Councilor Alonso Leon stated that she has concerns about senior citizens who are on a fixed income and suggested a program where people could help others pay for their garbage.Councilor Ellsworth suggested that we invite Republic Services to our community events. MayorFigleyaskedifanyonefrom the public would like to speak onthis subject.Jerry Erdt, 1266 Woodland Ave, said that he has always been puzzled by franchises andthat all themoney will be going to Arizona and we should get franchises with local people. No members of the public wished to speak ineither support or opposition of the Republic Service rate increase.Mayor Figley declared the hearing closed at 8:40 p.m. COUNCIL BILL NO. 3015 –AN ORDINANCE AMENDING ORDINANCE 2285 1:39 (THE TRAFFIC ORDINANCE) TO PROHIBIT PARKING IN DESIGNATED FIRE LANES, TO MODIFY THE RV PARKING AND STORAGE PROVISIONS, TO MAKE OTHER MINOR AMENDMENTS, AND 10 COUNCILMEETINGMINUTES SEPTEMBER26,2016 DECLARING AN EMERGENCY Lonergan Introduced Council Bill No. 3015. Recorder Pierson read the bill twice by titleonly since there were no objections from the Council. City Administrator Derickson stated that he received two calls on thisone who had concerns with this ordinance and the other had concerns about leaking oil on the streets. Councilor Carney asked how public comments will fold into this ordinance. City Administrator Derickson stated that they have done the public outreach butwill continue to try and educate people on the ordinance. On roll call vote for final passage, thebill passed unanimously. Mayor Figley declared Council Bill No. 3015 duly passed. COUNCIL BILL NO. 3016 –AN ORDINANCE MAKING CERTAIN TEXTUAL 1:46 AMENDMENTS TO THE WOODBURN DEVELOPMENT ORDINANCE REGARDING NODAL OVERLAY DISTRICTS AND ACCESSORY STRUCTURES (FENCE AND WALL STANDARDS) Lonergan Introduced Council Bill No. 3016. Recorder Pierson read the bill twice by titleonly since there were no objections from the Council. On roll call vote for final passage, thebill passed unanimously. Mayor Figley declared Council Bill No. 3016 duly passed. COUNCIL BILL NO. 3017 –AN ORDINANCE ANNEXING 2.17 ACRES OF 1:48 PROPERTY LOCATED AT 1385 COOLEY ROAD AND THE ADJACENT COOLEY ROAD RIGHT-OF-WAY INTO THE CITY OF WOODBURN AND DESIGNATING THE PROPERTY AS CITY OF WOODBURN RESIDENTIAL SINGLE-FAMILY (RS) Lonergan Introduced Council Bill No. 3017. Recorder Pierson read the bill twice by titleonly since there were no objections from the Council. On roll call vote for final passage, thebill passed unanimously. Mayor Figley declared Council Bill No. 3017 duly passed. COUNCIL BILL NO. 3018 - AN ORDINANCE PROVIDING FOR ADDITIONAL 1:49 PUBLIC INPUT ON THE PARKS AND RECREATION SYSTEM DEVELOPMENT CHARGES AND AMENDING ORDINANCE 2250, ORDINANCE 2536 AND RESOLUTION 2085 TO PROVIDE FOR NEW EFFECTIVE DATES Lonergan Introduced Council Bill No. 3018. Recorder Pierson read the bill twice by titleonly since there were no objectionsfrom the Council. On roll call vote for final passage, thebill passed unanimously. Mayor Figley declared Council Bill No. 3018 duly passed. COUNCIL BILL NO. 3019 –A RESOLUTION APPROVING TRANSFERS OF FY 1:55 2016-2017 APPROPRIATIONS AND APPROVING A SUPPLEMENTAL BUDGET Lonergan Introduced Council Bill No. 3019. Recorder Pierson read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 3019 duly passed. COUNCIL BILL NO. 3020 - A RESOLUTION APPROVING AN ADJUSTED 1:57 RATE SCHEDULE FOR PROVIDING SOLID WASTE SERVICE WITHIN THE 11 COUNCILMEETINGMINUTES SEPTEMBER12,2016 CITY OF WOODBURN AND REPEALING RESOLUTION 2049 Lonergan Introduced Council Bill No. 3020. Recorder Pierson read the bill by title only since there were no objections from the Council. Councilor Lonergan recused himself. On roll call vote for final passage, the billpassed unanimously with Councilor Lonergan not voting. Mayor Figley declared Council Bill No. 3020 duly passed. ACCEPTANCE OF A PUBLIC UTILITY EASEMENT AT 2851 W. HAYES 1:58 STREET, WOODBURN, OR 97071 (TAX LOT 052W12C01203) Lonergan/Ellsworth ...accept the Public Utility Easement located at 2851 W. Hayes Street, granted by Kirkstone Investments LLC. The motion passed unanimously. CENTENNIAL PARK SPLASH PAD GRANT AGREEMENT Lonergan/Morris ... authorize the City Administrator to enter into the enclosed Local Government Grant Agreement with the Oregon Parks and Recreation Departmentin the amount of $121,752. The motion passed unanimously. SPECIAL PUBLIC WORKS FUND (SPWF) , TECHNICAL ASSISTANCE 1:59 GRANT: SWIR INFRASTRUCTURE PLANNING PROJECT Lonergan/Morris ... accept the Special Public Works Technical Assistance grant funds of $60,000 for the SWIR Infrastructure Planning Area Project and authorize staff to move forward with project implementation. The motion passed unanimously. CITY ADMINISTRATOR’SREPORT 2:00 City Administrator Derickson stated that he is proud of the logo used for the Hispanic Heritage Month - Woodburn Community Celebrationand Councilors were provided a framed copy of the poster. MAYOR AND COUNCILREPORT 2:01 Councilor Alonso Leon acknowledged the work of Gustavo and Jamie for their work on the amazing community event which had a good turnout despite the rain. Councilor Ellsworth stated that shealso attended the Woodburn HispanicHeritage Month celebrationas well as the Hispanic Heritagebreakfastin Salem.She thanked Gustavo and Jamie for their work on the event. Councilor Schaubstated that she is sorry she missed the community event but she got married and was on her honeymoon. Councilor Morrisstated that the Ethics Commission Conflict of Interest form will be online next year. EXECUTIVE SESSION 2:05 Mayor Figley entertained a motion to adjourn into executive session under the authority of Lonergan/ Ellsworth ORS 192.660 (2)(i). … move into executive session. The Council adjourned to executive session at 9:06p.m. and reconvened at 10:02p.m. Mayor Figley stated that no action was taken by the Council while in executive session. Morris/Lonergan …authorize the Mayor to extend theCity Administrators contract by one year. The motion passed unanimously. 12 COUNCILMEETINGMINUTES SEPTEMBER26,2016 ADJOURNMENT Morris/Schaub ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 10:04 p.m. APPROVED KATHRYN FIGLEY,MAYOR ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon 13 14 15 16 17 Agenda Item October 10, 2016 TO:Honorable Mayor and City Council through City Administrator FROM: Jim Hendryx, Community Development Director S UBJECT: Legislative Amendment - LA 2016-01, Scrivener Errors RECOMMENDATION: It is recommended that the City Council hold a public hearing on Legislative Amendment LA 2016-01, whichamends the Woodburn Development Ordinance regarding scrivener errors. It is further recommended that an ordinancebe prepared implementingCouncil’s direction. BACKGROUND: Beginning in 2009, the Woodburn Development Ordinance (WDO) was entirely rewritten. Initially, sign standards were revised (2010). In 2011, administrative provisions were updated and in 2013, the remaining sections of the ordinance, primarily dealing with land use standards, were revised. The WDO 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. Council gave direction to address these WDO issues this past February. The Planning Commission held a public hearing on LA2016-01, Scrivener Errors, on September 22, 2016 and recommended that the City Council approve the proposed amendments. DISCUSSION: The WDO totals approximately 241 pages of text, tables, and diagrams. With such along and complicated ordinance, errors and omissions naturally occur. Legislative Amendment 2016-01, Scrivener Errors, attempts to addresses these mistakes.The public hearing is scheduled for Council to gain public input and to consider the Planning Commission’s recommendation to correctvarious scrivener errors. Agenda Item Review:City Administrator ___x___City Attorney ___x___Finance ___x__ 18 Honorable Mayor and City Council October 10,2016 Page 2 FINANCIAL IMPACT: None. 19 Community Development Planning Division -5246 CITY COUNCILSTAFF REPORT PUBLIC HEARING Application TypeType VLegislative Amendment Application Number LA2016-01 Project Description Revise various sections to correct scrivener errors inthe Woodburn Development Ordinance AreaEntire City ZoningAll zones Planner AssignedJim Hendryx,Community DevelopmentDirector 120-Day DeadlineNot applicable to legislative decisions Date of Staff ReportAugust 17, 2016 Date of Public HearingsPlanning Commission: September 22,2016 City Council: October 10, 2016 BACKGROUND Beginningin 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. LA2016-01 Scrivener Errors\\Staff report City Council Page 1 of 8 20 The WDO 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 toaddresstheseWDOissues this past February. At the September 22,2016 Planning Commission meeting,the Commission held a public hearing on Legislative Amendment LA2016-01,Scrivener Errors,and recommended City Council approval. ANALYSIS AND FINDINGS OF FACT – Woodburn Development Ordinance WDO 4.101Decision 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 ofsuch 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,which they did on August 25, 2016 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 (LUBA) within 21 days after it becomes final. Conclusion: This legislative amendment is correctly processed as a Type V decision. Findings: Under Section 4.101.03,the City Councilmay initiate any type of land use action by amotion designating the appropriate City department to complete and file the application. The City Council passed a resolution this past February, initiating LA 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. Conclusion: 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. LA2016-01 Scrivener Errors\\Staff report City Council Page 2 of 8 21 Findings: Under Section 4.101.10, the Planning Commission shall hold at least one public hearing,which it did on September 22, 2016,recommendingthat theCouncil approve amendments to errors and omissionsin the WDO. The Director provided notice tothe Oregon Department of Land Conservation and Development (DLCD) at least 35 days before the first hearing,as required by the post- acknowledgment procedures of ORS 197.610 to 197.625, as applicable. Once the Planning Commission hearing wasscheduled and notices sent out, the Director prepared and made available a report on the legislative proposal seven days before the hearing. At the conclusion of the hearing, the Planning Commission recommendedapproval of LA 2016-01,Scrivener Errors,to the City Council. This staff report summarizes the report and recommendation to the City Council regardingLA2016-01,Scrivener Errors. The City Council is scheduled to hold a public hearing on the proposalat its October 10, 2016 meeting. 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’s 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. : The Planning Commission held apublic hearing on scrivener errors at its Conclusions October 10, 2016 meetingand made 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 October 10, 2016to receive the Commission’s recommendations and listen to public input. All provisions of this section of the WDO and State statute have been met. Findings: 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 Conservationand Development and Marion County,in advance of the Commission’s hearing. Notification was provided to the Woodburn Historic Neighborhood LA2016-01 Scrivener Errors\\Staff report City Council Page 3 of 8 22 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. : Notification requirements consistent with the provisions of the Woodburn Conclusion Development Ordinance and statutory requirements were met. WDO 5.104.04Zoning Map Change, Owner Initiated Findings: 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 5.104.04 does not apply to the proposed Zoning Map amendment. Findings: Under State statute, all cities and counties in Oregon must have an approved comprehensive plan, along withimplementing ordinances. Amendments to an approved comprehensive plan must be consistent with State statutes. Implementing ordinances must also be consistent with each comprehensive plan. The Woodburn Comprehensive Plan was originally adopted in1978, and subsequently amended several times. The Woodburn Development Ordinance was adopted 2008, and most recently amended in 2013. : Amendments to the Woodburn Comprehensive Plan and the Woodburn Conclusion Development Ordinance will be evaluated for consistency withthe Comprehensive Plan and State statute. ANALYSIS AND FINDINGS OF FACT – Woodburn Comprehensive Plan Findings: The Comprehensive Plan (Volume 1 Goals and Policy Amendments) states: LA2016-01 Scrivener Errors\\Staff report City Council Page 4 of 8 23 “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.” The Woodburn Development Ordinance includes 241 pages of text, charts and illustrations. With such a lengthy and complicated ordinance,mistakes and omissions can naturally occur. LA 2016-01 attempts to address these oversights. : The amendments insure that the WDO implements the Comprehensive Plan. 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 outfor 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; LA2016-01 Scrivener Errors\\Staff report City Council Page 5 of 8 24 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. Mistakes and omissions occurred and these amendments attempt toaddresses these deficiencies. Conclusions: The Comprehensive Plan 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 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 Planand Transportation System Plan, and achievea compact urban growth form.” Affected public agencies, including Marion County,have been notified on the proposed amendments to the WDO. Conclusion: Legislative 2016-01complies with Goal C-1 of the Comprehensive Plan. Findings: The State adopted 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 9 (Economic Development). Goal 1 requires that the City develop a citizen involvement program that insures the opportunity for citizens to beinvolved in all phases of the planning process. Agency and public notice havebeen 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 totheuse 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 clarifythe intent of the WDO by: Including diagrams, illustrations, tables, charts and maps o Updating and standardizing terminology o Eliminating conflicting standards and circular references o LA2016-01 Scrivener Errors\\Staff report City Council Page 6 of 8 25 Making the ordinance more user-friendly o Correcting scrivener errors o 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. Conclusion: The proposed additions and amendments are consistent with applicable statewide planning goals. Woodburn DevelopmentOrdinance 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 heldan initial public hearing on the proposal on August 25, 2016 and madea recommendation to the City Council. The City Council then holds a de novo public hearing, scheduled for September 12, 2016 and makes the City’s final decision. Conclusions: The proposed amendment is a Type V legislative decision.The decision-maker is the City Council. Findings: The Oregon Department of Land Conservation and Development was sent a Notice of Proposed Amendment, as required by statute. 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 notifiedby mail.Notice was published in the Woodburn Independent. Conclusion: The public hearing has been publicizedas required by State statute and the Woodburn Development Ordinance. CONCLUSIONAND RECOMMENDATIONS The proposed amendments areconsistent with the Woodburn Comprehensive Plan and the Woodburn Development Ordinance. The PlanningCommissionconducted a public hearing LA2016-01 Scrivener Errors\\Staff report City Council Page 7 of 8 26 on September 22, 2016 and at the conclusion of the public hearing,recommended that the City Council approve amendments toerrors and omissions found in the WDOLA 2016-01. LIST OF ATTACHMENTS Attachment C Scrivener Errors Note: Attachments A andB were considered at a previous hearing LA2016-01 Scrivener Errors\\Staff report City Council Page 8 of 8 27 Attachment C Scrivener Errors Note: Text that is crossed out is deleted. New proposed text is italicized, underlined and highlighted. Sections in bold type are 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 a term does not include the lease or rental of a dwelling unit (See Section 2.02.12.10). 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 an irregular,triangular shaped lot, diamond shaped lot, or atrapezoidal shaped lotwhich 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,andat the maximum distance from,the front lot line; or In any other case, the lot line opposite and most distant from the front lot line. 3. carports for manufactured dwellings is from the previous WDO and should be deleted. AAAAA Garage (or carport in the case of a manufactured home) 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. Њ 28 Uses Allowed in Residential Zones Table 2.02A Use Zone Accessory Uses (A) Conditional Uses (CU) Permitted Uses (P) RS R1SRMRMN RS Special Permitted Uses (S) Specific Conditional N Uses (SCU) A Dwellings 1 Duplex dwellingSSPP 2 11 Manufactured dwellingSSSSS 3 Manufactured dwelling parkSS 34 Multiple-family dwelling PP 45 Row housesPP 56 Single-family detached dwellings PPPPP B Nonresidential, Care and Public Uses 1 Child care facility for 12 or fewer children PPPPP 2Child care facility for 13 or more children, within a CUP non-residential building. 3 Elementary, middle and high schoolsCUCUCUCUCU 4Government and public utility buildings and CUCUCUCUCU structures 5 Group care facility for six or more personsPP 6 Group home for five or fewer personsPPPPP 7SCSCSC Historically or architecturally significant site SCUSCU UUU Ћ 29 Uses Allowed in Residential Zones Table 2.02A Use Zone Accessory Uses (A) Conditional Uses (CU) Permitted Uses (P) RS R1SRMRMN RS Special Permitted Uses (S) Specific Conditional N Uses (SCU) 8 House of worshipSSSSS 9 Manufactured dwelling parkSS 10 NursinghomePP Off-street parking to serve a non-residential use 11CUCUCUCUCU allowed in zone 12Parks, play grounds and associated activities PPPPP 13 Rights-of-way, easements and improvements for streets, water, sanitary sewer, gas, oil, electric PPPPP and communication lines, storm waterfacilities and pump stations. C Other Uses 1 Boat, recreational and vehicle storage padSSSSS 2Common boat, recreational and vehicle storage SSSSS area 3 Community club buildings and facilitiesSSSSS 4 Deck or patioAAAAA 5 Delivery servicesSSSSS 6 Facilities during constructionSSSSS 7 Fence or freestanding wallAAAAA 8Garage (or carport in the case of a manufactured AAAAA home) 9 Golf courses without a driving rangeSSSSS 10 Golf driving rangein conjunction with a golf courseCUCUCUCUCU Ќ 30 Uses Allowed in Residential Zones Table 2.02A Use Zone Accessory Uses (A) Conditional Uses (CU) Permitted Uses (P) RS R1SRMRMN RS Special Permitted Uses (S) Specific Conditional N Uses (SCU) 11 Greenhouse, storage building, hobby shopAAAAA 12 Home occupationSSSSS 13 Private recreational facilities, including swimming AAAAA pool, hot tub, sauna, and game courts 14 Residential sales officeSSSSS 15Temporary residential sales: Produce and plant materials grown on the a. SSSSS property Estate, garage and yard sales b. Crafts and other hobby items c. 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. 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. Ѝ 31 A. Development Standards (Tables 2.02B-F) Residential Single-Family (RS) -Site Development Standards Table 2.02B Interior, flag or cul-de-sac lot6,000 1 Lot Area, Single-family dwelling, child 1 Minimum (square 8,000 2 care facility or group home Corner lot feet) Any other use10,000 1 Interior, flag or cul-de-sac lot50 Lot Width, Minimum (feet) Corner lot80 Interior, flag or cul-de-sac lot90 Lot Depth, Average (feet) Corner lot90 Interior or cul-de-sac lot40 Single-family dwelling40 Street Frontage Corner lot Minimum (feet) Any other use50 20-2430 3 Flag lot Residential Density, Minimum (units per net acre)5.2 Front Setback and Setback Abutting a Street, Minimum 4, 5, 6 20 (feet) Primary structure5 5, 9 Side Setback, Same as primary Minimum (feet) Accessory structure structure 16 or less24 7 Building Primary more than 16 Rear Setback, 7 height 30 structureand less than 28 Average (feet) (feet) 7 28 or more36 Accessory structure5 Setback to a Private Access Easement, Minimum (feet)5 Ў 32 Residential Single-Family (RS) -Site Development Standards Table 2.02B Primary building height 16 feet or less 40 Lot Coverage, Primary building height greater than 16 35 Maximum feet (percent) 8 Accessory structure25 of rear yard Outside Gateway subarea35 Primary structure Gateway subarea40 Building Height, Maximum (feet) Features not used for habitation70 Accessory structure15 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 lots: 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. Џ 33 Medium Density Residential (RM) -Site Development Standards Table 2.02E Single-family Interior, flag or cul-de-sac 1 6,000 dwelling, child care lot facility or group Lot Area, Minimum 2 Corner lot8,000 home (square feet) Duplex8,000 8 Any other useNot specified Interior, flag or cul-de-sac lot50 Lot Width, Minimum (feet) Corner lot80 Lot Depth, All lots90 Average (feet) Interior, corner or cul-de-sac lot40 Street Frontage, Minimum (feet) 4 Flag lot 24-30 Duplex,Single-family dwelling5.2 Minimum Any other use12.8 Multiple-family dwelling16 Residential Density Child care facility, group care (units per net acre) 3 32 facility or nursing home Maximum Manufactured dwelling park12 8 Any other useNot specified 20 5 Front Setback and Setback Abutting a Street, Minimum (feet),10 А 34 Medium Density Residential (RM) -Site Development Standards Table 2.02E Single-family dwelling, duplex, child 2,6, 7 5 Primary care facility or group home Side Setback, structure Any other useSame as rear Minimum (feet) Same as Accessory structure primary 16 or less24 2, 6 Single-family Building more than 16 dwelling, duplex, 2, 6 height and less than 30 child care facility or (feet)28 group home 28 or more36 2, 6 16 or less24 Any other use Primary except Rear Setback, Building more than 16 structur nonresidential use Minimum height and less than 30 e abutting DDC, (feet)(feet)28 NNC, CG, IP, SWIR, or IL zone 28 or more36 Nonresidential use abutting DDC, NNC, or 9 10 CG zone Nonresidential use abutting IP, SWIR, or IL 9 15 zone Accessory structure5 Setback to a Private Access Easement, Minimum (feet)5 Б 35 Medium Density Residential (RM) -Site Development Standards Table 2.02E Primary building 40 height 16 feet or less Single-family dwelling, Lot Coverage, duplex, child care facility or Primary building 2 group home Maximum 35 height more than 16 (percent) feet or less 8 Any other useNot specified Primary structure35 Building Height, Features not used for habitation70 Maximum (feet) Accessory structure15 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 theoption that all setbacks are 12 feet 7.For row houses, there is no side setback along common lot lines. See table 2.02 C for row house development standards 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. 10.Infill lots between developed lots: average of abutting residential buildings, plus or minus 5 feet, but not less than 10 feet 6. Commercial and Industrial Use Tables (Table 2.03A & Table 2.04A) mini-storage as an allowed use. В 36 Uses Allowed in Commercial Zones Table 2.03A CIndustrial 1Charter bus, special needs transportation, transit 3 system, school transportation, limousine service CU and taxi service 2Heavy equipment and motor vehicle sales: a.Manufactured (mobile) home dealers b.Motor vehicle and parts dealers, including new car, used car, recreational vehicle, motorcycle, 3 CU boat, parts and tire dealers 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 46 PP cabinets 4Motor freight transportation and warehousing, including local or long-distance trucking or transfer 1 CU services, storage of farm products, furniture, other household goods, or commercial goods, andmini- storage 3 5Motor vehicle towingCU 6Parking lots and garages PPPP 7Recreational vehicle park CU 1 DMiscellaneous 1Facilities during construction SSSSS Uses Allowed in Industrial Zones Table 2.04A 13 Motor freight transportation and warehousing, including local or long-distance trucking or transfer services, PCUP storage of farm products, furniture and other household goods, and commercial goods, andmini-storage ЊЉ 37 14 Non-depository credit institutions engaged in extending PP credit in the form of loans, but not engaged in deposit banking 15Paper manufacturingCU 16Parking lots and garages PP 17 Petroleum and coal products manufacturing with all CU storage underground 18PPP Printing, publishing, and allied industries 19Professional services PP 20Stone, clay, glass, and concrete products including manufacturing flat glass, other glass products, cement, structural clay products, pottery, concrete and gypsum PP products, cut stone, abrasive and asbestos products, and other products from materials takenprincipally from the earth in the form of stone, clay, and sand 21 SCSC Telecommunication facilities subject to Section 2.08.03 SCU UU 22PPP Wholesale trade in durable and non-durable goods 23Wood product manufacturingPCU 7. 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 recreational and vehicle storage 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 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 property lines and streets (Section 3.06.05) ЊЊ 38 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) ILIPP/SPSWIR Special Permitted Uses (S) Specific Conditional Uses (SCU) ACivic Uses 1Golf driving range PPCU 2 Parks, play grounds and associated activities, golf P courses without a driving range 3Publicadministration,aquatic facilities, fire protection, PP CUP government and public utility buildings and storage yards 4Rights-of-way, easements and improvements for streets, water, sanitary sewer, gas, oil, electric and PPPP communication lines, stormwaterfacilities and pump stations. 5Trade schools PPCUP BCommercial Retail and Services 1Ambulance servicePP 2Automotive maintenance andgasoline stations, including PP repair services 3Business servicesPP ЊЋ 39 Uses Allowed in Industrial Zones Table 2.04A Use Zone Accessory Uses (A) Conditional Uses (CU) Permitted Uses (P) ILIPP/SPSWIR Special Permitted Uses (S) Specific Conditional Uses (SCU) 4Contractors: Flooring and roofing a. PP Equipment and machinery b. Glass and glazing c. Masonry, drywall, insulation and tile contractors d. Other types of contractors e. 5Delivery servicesSSSS 6Fitness andrecreational sportsPPP 7Hospitals and ancillary uses PCUP 8Mobile Food ServiceSSS 89 Restaurants and drinking places PPP CIndustrial 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. 2.07.17Temporary Outdoor Marketing and Special Events Permitted Uses A. Seasonal sales of fireworks, Christmas trees, produce or plant materials 1. Amusement rides and games 2. Entertainment 3. Any other merchandise or service 4. Duration B. ЊЌ 40 Single events shall be limited to a maximum duration of three consecutive days, 1. with all goods, temporary facilities and signs removed within 24 hours of closing on the last day of each event. Recurring events shall be limited to a maximum duration of one day, with all 2. goods, temporary facilities and signs removed within 24 hours of each event. Events may reoccur once per week for a maximum of 2436 weeks. Seasonal sales shall be limited to two events, with each event not exceeding 3. more than 30 consecutive days. Events shall only be conducted between the hours of 8:00 a.m. and midnight. C. The use shall not block driveways, entrances or parking aisles. D. The required parking for all other uses of the property shall not be diminished below E. that required by this ordinance (Section 3.05). The use shall conform to all setback standards for the zone. F. Responsibilities G. The event operator: 1. 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. The operator of a special use shall possess valid certification of compliance for 2. all applicable health, sanitation and safety standards of the City and other applicable jurisdictions. The temporary outdoor marketing and special events shall not be located within a H. public right-of-way unless authorized by the appropriate jurisdiction (City of Woodburn, Marion County, or the Oregon Department of Transportation). Existing businesses with outdoor product display areas are not required to obtain a I. Temporary Outdoor Marketing and Special Events permit, but are limited to the following: Products sold within the primary building; 1. Covering no more than ten percent of the gross square footage of the buildings 2. on the property; Retaining a minimum of four feet for pedestrian clearance along any adjacent 3. walkway. ЊЍ 41 10. In -of- the singular. 3.01.01 Applicability A. Rights-of-waystandards 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 Rights-of-way standards apply to all public streets. A. Improvement standards apply to all public and private streets, sidewalks and B. bikeways. Functional standards are identified in the Woodburn TSP. C. This applies to all development, and is not limited to partitions, subdivisions, multi- D. 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 development, however,in nocase can this type of development occur without minimal access as determined by the Director. 12. Section 3.102.02 is incorrectly numbered. 3.102.02Creeks and Watercourse Maintenance Easements 3.02.02 Public improvement and maintenance easements shall be dedicated along all A. creeks and other water courses. On streams and waterways where development is regulated, based on Federal Emergency Management Administration (FEMA) flood hazard delineation, the minimum width shall be adequate to accommodate the 100- year floodway. On other open channel water courses, such easements shall, at a minimum, extend B. 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. On all piped systems, the easement shall be a minimum of sixteen feet in width. C. Wider easements may be required by the Director, when needed to accommodate the installation of, or access to, larger and/or deeper pipes. ЊЎ 42 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 afootnote denoting varying rights-of-way along Highway 99E. 3.03.02Special Setbacks Special Setbacks are necessary when the existing street right-of-way is less than A. 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. Special setback distances shall be measured at right angles to the center line of B. street rights-of-way. Wherededicated rights-of-way are less than the Special Setback, the setback C. 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.Fences and walls are allowed up to the property line. Special Setback by Street Classification Table 3.1.1 Transportation System Plan Special Setback from Centerline Classification Major Arterial50 feet 1 Minor Arterial37 feet Service Collector36 feet Access Street/Commercial Street 33 feet Local Street, 60-foot right-of-way30 feet Local Street, 52-foot right-of-way26 feet Local Street, 50-foot right-of-wayfeet 26 ЊЏ 43 Special Setback by Street Classification Table 3.1.1 Special Setback from Centerline Transportation System Plan Classification See TSP for varying rights of way along Highway 99E 1. 14.In Access Requirements Table 3.04A 1 to 4 Dwellings, 5 or More Dwelling or Commercial or Living Units or Living Units, School, Industrial Use 6 Individual Lots or House of Worship Flag Lot Access Width (feet) 20 minimum24 minimum30 minimum (See Figure 3.04A) 12 minimum12 minimum 1-wayn/a 20 maximum20 maximum 24 minimum 24 minimum Paved Width 36 maximum 20 minimum 30 maximum of Driveway 2-way 3, 4 (feet) 30 maximum lane is provided) provided) Manufactured 10 minimumn/an/a Dwelling Park Curb Flare Radius (feet)15 minimum25 minimum30 minimum ЊА 44 Access Requirements Table 3.04A 1 to 4 Dwellings, 5 or More Dwelling or Commercial or Living Units or Living Units, School, Industrial Use 6 Individual Lots or House of Worship Major Arterial, Minor Arterial, n/a50 minimum50 minimum Throat Service Collector Length (feet) 5 Access or n/a20 minimum20 minimum Local Street Access or 30 minimum30 minimum30 minimum Corner Local Street Clearance (feet) Service 50 minimum50 minimum50 minimum Collector 1 Guidelines Minor Arterial245 minimum245 minimum245 minimum (See Figure 3.04B) Major Arterial300 minimum300 minimum300 minimum Driveway on the same 22 minimum50minimum50 minimum parcel Driveway Separation Access or nonenonenone Local Street Guidelines 1, 2 (feet) Service 50 minimum50 minimum50 minimum (See Figure Collector 3.04B) Minor Arterial245 minimum245 minimum245 minimum Major arterial300 minimum300 minimum300 minimum ЊБ 45 Access Requirements Table 3.04A 1 to 4 Dwellings, 5 or More Dwelling or Commercial or Living Units or Living Units, School, Industrial Use 6 Individual Lots or House of Worship Accessto a RequiredRequiredRequired Major or Minor Arterial Turnarounds Required if the (See Figure driveway length Requirements 3.04C) Access to any to the lot located Requirements per the per the other streetfurthest from the Woodburn Fire DistrictWoodburn Fire street exceeds District 150 feet The separation should be maximized. 1. Driveways on abutting lots need not be separated from each other, and may be 2. combined into a single shared driveway. Driveways over 40 feet long and serving one dwelling unit may have a paved surface 3. 12 feet wide. Notwithstanding the widths listed in this table, the minimum clearance around a fire 4. hydrant shall be provided (See Figure 3.04D). Throat length is measured from the closest off-street parking or loading space to the 5. right-of-way. A throat applies only at entrances (See Figure 3.05B). Maximum of 4 individual lots can be served from single shared driveway (See Figure 6. 3.01D). 15.Table 3.06B (Plant Unit (PU) Plant Unit (PU) Value Table 3.06B MaterialMinimum Size Plant Unit (PU) Value 1 1.Significant tree 15 PU each ЊВ 46 Plant Unit (PU) Value Table 3.06B MaterialMinimum Size Plant Unit (PU) Value 2.Large tree(60-120 feet high at 10 PU each 1 maturity) Caliper 3.Medium tree(40-60 feet high at 8 PU each 1 maturity) Caliper 4.Small tree(18-40 feet high at 4PU each 1 maturity) Caliper 5.2 PU each3 gallon or balled 1 6.Small to medium shrub (at 1 PU each1 gallon 1 high) 7.Lawn or other living ground cover 1 PU / 50 square 1 feet 1 PU / 20 lineal feetMinimum 2 feet high 2 8.Berm 1 PU / 20 lineal feet2½ -4 feet high 2 9.Ornamental fence 1 PU eachMinimum 2 feet high 2 10.Boulder 11.Sundial, obelisk, gnomon, or 2 PU eachMinimum 3 feet high 2 gazing ball 3 PU eachMinimum 3 feet high 2 12.Fountain 0.5 PU / lineal foot 2 13.Bench or chair Minimum 1 foot high, 0.5 PU / lineal foot 14.Raised planting bed constructed of minimum 1 foot wide in of greatest brick, stone or similar material least interior dimension 2 except CMU dimension 15.Water feature incorporating storm 2 per 50 square feetNone 2 water detention 1.Existing vegetation that is retained has the same plant unit value as planted ЋЉ 47 Plant Unit (PU) Value Table 3.06B MaterialMinimum Size Plant Unit (PU) Value vegetation. 2.No more than twenty percent (20%) of the required plant units may be satisfied by items in lines 8 through 15. 16. In Table 3.06D, footnotes should all be separated by commas. Screening Requirements Table 3.06D N = No screening requiredF = Sight-obscuring fence requiredW = Architectural wall required D = Architectural wall, fence, or hedge may be required in the Design Review process Adjacent properties zone family dwelling, duplex, family dwelling, child or use that receives the benefit care facility, group home or Manufactured dwelling park group of screening Nonresidential use in a RS, R1S, or RSN zone child care facility, or IP, IL, or SWIR zone DDC or NNC zone RM or RMN zone CG or MUV zone 5, 8 residential zone nursing home Property being Developed P/SP zone must provide screening if no - CO zone Multiple - 7 Single home comparable screening exists on abutting protected property RS, R1S, or RSN zoneNNNNNNNNNNN 222222 RM or RMN zoneWDWDWWDWDNW DDC or NNC zoneNNNNNNNNNNN 2222222 Nonresidential use in CO zoneWWWNWWNWDNW ЋЊ 48 Screening Requirements Table 3.06D N = No screening requiredF = Sight-obscuring fence requiredW = Architectural wall required D = Architectural wall, fence, or hedge may be required in the Design Review process Adjacent properties zone family dwelling, duplex, family dwelling, child or use that receives the benefit care facility, group home or Manufactured dwelling park group of screening Nonresidential use in a RS, R1S, or RSN zone child care facility, or IP, IL, or SWIR zone DDC or NNC zone RM or RMN zone CG or MUV zone 5, 8 residential zone nursing home Property being Developed P/SP zone must provide screening if no - CO zone Multiple - 7 Single home comparable screening exists on abutting protected property CG or MUV zoneW 2 W 2 DDDDDW 2 W 2 DW 2 111111 Outdoor storage in CG or MUV WWWWWW 1,31,31,31,31,3 WWWWW ,3,3,3,3,3,3 zone IP, IL, or SWIR zoneW 3 W 3 DW 3 DDDW 3 W 3 W 3 W 3 P/SPermitted useDDNNNNNDDND P Conditional use DDDDDDDDDDD zone Single-family dwelling, duplex, 77777777777 child care facility, or group NNNNNNNNNNN home Multiple-family dwelling, child 22,52222,5, WWWWWW 2,5, 8 DDWDD care facility, group home or ,5, 8, 8,5, 8,5, 8,5, 88 nursing home Nonresidential use in a 22222 WWDDDDDWWDW residential zone 2222222222 Manufactured dwelling parkWWWWWWWWWWD ЋЋ 49 Screening Requirements Table 3.06D N = No screening requiredF = Sight-obscuring fence requiredW = Architectural wall required D = Architectural wall, fence, or hedge may be required in the Design Review process Adjacent properties zone family dwelling, duplex, family dwelling, child or use that receives the benefit care facility, group home or Manufactured dwelling park group of screening Nonresidential use in a RS, R1S, or RSN zone child care facility, or IP, IL, or SWIR zone DDC or NNC zone RM or RMN zone CG or MUV zone 5, 8 residential zone nursing home Property being Developed P/SP zone must provide screening if no - CO zone Multiple - 7 Single home comparable screening exists on abutting protected property Boat, recreational, and vehicle 2222222222 FFFFFNFFFFF storage pad, if within 10 feetof a property line 22222 Common boat, recreational, WWWWW 2,42,42,42,42,4 WDWWWW , 4,4,4,4,4 and vehicle storage area Refuse and recycling collection 222,622222,6,2,6, facilities except for single-WWWWWWWWW 2,6,7 W W 2,6,7 ,6.,7,6,7,7,6,7,6,7,6,7,6,777 family dwelling, duplex, child carefacility, 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 ofthe screening. 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. ЋЌ 50 Screening Requirements Table 3.06D N = No screening requiredF = Sight-obscuring fence requiredW = Architectural wall required D = Architectural wall, fence, or hedge may be required in the Design Review process Adjacent properties zone family dwelling, duplex, family dwelling, child or use that receives the benefit care facility, group home or Manufactured dwelling park group of screening Nonresidential use in a RS, R1S, or RSN zone child care facility, or IP, IL, or SWIR zone DDC or NNC zone RM or RMN zone CG or MUV zone 5, 8 residential zone nursing home Property being Developed P/SP zone must provide screening if no - CO zone Multiple - 7 Single home comparable screening exists on abutting protected property 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, duplexes and manufactured dwellings. The section needs to identify the adoption date. The current text also states that, standards for roofing, exterior finish and garage/carports; otherwise, all 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 Applicability A. ЋЍ 51 This Section shall apply to all new single-family dwellings, duplexes and B. manufactured dwellings on individual lots in subdivisions and Planned Unit Developments, approved on or before \[the date of adoption of this Section\] August 12, 2013 and in partitions. Manufactured dwellings have different standards for roofing, exterior finish and C. garage/carports; otherwise, all standards in this Section apply to manufactured 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 garageshall provide a minimum 12-inch projection. C.Exterior Finish The exterior finish of a dwelling shall have the appearance of either horizontal or verticallap siding, shakes,batt and board, stone,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 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 thetotal facade of the structure facing the street, including second stories, dormers, and eyebrows. ЋЎ 52 Figure 3.107A Garage (yellow) Figure 3.107B Garage (yellow) comprises less than half the lateral comprises no more than 65 percent of dimension of the facade (yellow plus total facade (yellow plus blue) 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 1.The main pedestrian entrance of each dwelling, excluding dwellings on flag lots and manufactured dwellings,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 facade. G. The front of the dwelling shall either contain: An articulated roof line, incorporating more than one pitch or elevation of the 1. ridge line that is visible in the front elevation, excluding a porch; or A gable, dormer, eyebrow, off-set roof line or other vertical, architectural 2. extension of the building at least 36 inches above the eave; or An off-set line in the facade of the building of at least 36 inches and ten feet in 3. length, excluding a recessed pedestrian entrance or porch. ЋЏ 53 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 od. While the majority of homes there , newer homes were homes, with recognition of their construction style. 3.07.04Single-Family Dwellings and Duplexes in the Neighborhood Conservation Overlay District (NCOD) Applicability A. For any new single-family dwelling, duplex, or accessory structure within the 1. Neighborhood Conservation Overlay (NCOD), all facades shall be subject to architectural review. The exterior remodel to single family dwellings, duplexes, and accessory 2. structures shall be subject to architectural review. At the time of application, the applicant shall choose whether the Design 3. Review shall be conducted as a Type I, II, or III review (Section 5.01, 5.02, 5.03), depending on floor area. For a Type I review, the criteria of this Section as guidelines. Design Guidelines and Standards B. The proposed construction should/shall provide architectural details, such as 1. dormers, bays, bracketing, cornices and trim, to add aesthetic visual interest and detail. The design should/shall minimize the negative visual impact of on-site 2. 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. Long, flat facades on buildings should/shall be avoided. Buildings should/shall 3. not be more than 50 feet wide. The character of single-family and duplex roofs shall be maintained. The roof 4. pitch should/shall be a minimum of 6:12. The main entrance of a dwelling should/shall face the street and be covered 5. with a roof. Windows in the building should/shall be wood sash with trim that is at least 5½ 6. 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. ЋА 54 Horizontal wood siding, brick or stucco should/shall be used for exterior 7. finishes. For building additions, and remodeling, 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 Windows which allow views to the interior activity or display areas are a. 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. Ground Floor Windows b. All new buildings must provide ground floor windows along adjacent (1) street rights-of-way. Required window areas must be either windows that allow views into (2) working areas or lobbies, pedestrian entrances, or display windows. Required windows must have a sill no more than four feet above grade. (3) 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. Glass curtain windows are not permitted. (4) Darkly tinted windows and mirrored windows that block two-way (5) visibility are prohibited as ground floor windows along street facades. Any wall that faces a public right-of-way must contain at least 20% of (6) the ground floor wall area in display areas, windows, or doorways. Blank walls are prohibited. (7)c.Upper Floor Window Standards (1)Glassarea dimensions shall not exceed five feet by seven feet. ΛźΜ (Thelongest dimension may be taken either horizontally or vertically.) (i)(2)Windows must have trim or molding at least two inches wide around theirperimeters. (ii)(3)At least 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. ЋБ 55 20. 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 Signs 1 FrontageFreeway Overlay (See Figure 3.10L)Elsewhere Less than Not allowedNot allowed 100 feet Maximum 1 per single-tenant Maximum 1 per single-tenant site or site or complex complex Maximum 20 feet high Maximum 45 feet high 100-299 feet Maximum 32 square feet Maximum 200 squarefeet or 4.5 (single tenant) square feet per foot of actual height, Maximum 50 square feet whichever is less (complex) Maximum 1 per single-tenant Maximum 1 per single-tenant site or site or complex complex Maximum 20 feet high Maximum 45 feet high 300-599 feet Maximum 50 square feet Maximum 200 square feet or 4.5 (single tenant) square feet per foot of actual height, Maximum 75 square feet whichever is less (complex) 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, Maximum 1 per single-tenant whichever is less site or complex Maximum 20 feet high Maximum 1 per single-tenant site or Maximum 100 square feet complex 1,000-1,199 Maximum 45 feet high feet Maximum 550 square feet or 12.3 square feet per foot of actual height, whichever is less ЋВ 56 Permanent Signs in the CG Zone Table 3.10.10B 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 Monument Signs 1 FrontageAllowance Maximum 1 per frontage on the same street Maximum 4 signs per single-tenant site or complex. 1-299 feet Maximum 8 feet high Maximum 32 square feet each Maximum 1 per frontage on the same street Maximum 4 signs per single-tenant site or complex. Maximum 8 feet high 300 feet or Maximum 32square feet each more Maximum 1 per single-tenant site or complex Maximum 8 feethigh Maximum 100 square 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 ЌЉ 57 Permanent Signs in the CG Zone Table 3.10.10B Projecting Signs 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 Signs 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 BenchSigns 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. ЌЊ 58 Permanent Signs in the CG Zone Table 3.10.10B 4.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. 21. The heading format of Table 3.10.10E (Permanent Signs in the IP, IL, and SWIR Zones), needs correction. Permanent Signs in the IP, IL,and SWIR Zones Table 3.10.10E Monument Signs Maximum 1 per single-tenant siteor complex Less than 300 feet of frontageMaximum 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 frontagefrontages over 300 feet each Maximum 50 square feet each Maximum 8 feet high Wall 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 ЌЋ 59 Permanent Signs in the IP, IL,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 Signs 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 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 andpermit 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. 4.Changing image is allowed on monument signs only, up to 50 percent of the total ЌЌ 60 Permanent Signs in the IP, IL,and SWIR Zones Table 3.10.10E 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 wallor 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. 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 Purpose: The purpose of this review is to ensure all residential and non-residential A. buildings comply with the standards found in the Land Use and Development Guidelines and Standards (Sections 2.1 and 3.1) Sections of this Ordinance. Applicability: The Type I Design Review is applicable to the following: B. Residential Buildings 1. Single family dwellings, manufactured dwellings, or duplexes in residential a. zones in an RS, R1S and RM zone, except where subject to an architectural design review process approved by the Planned Unit Development (PUD) (Section 3.09.02.E). Exterior alterations to single family, manufactured dwellings, duplexes and b. multi-family dwellings in an RS, R1S 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. Multi-family dwellings that comply with all standards found in the Land Use c. And Specified Use,Specified Use, and Development Guidelines and Standards (Sections 2.1, 2.2, and 3.1) of this Ordinance. Non Residential Buildings 2. New buildings 500 square feet or less in commercial zones or 1,000 square a. feet or less in industrial zones. Sites with existing buildings, expansions or new buildings that increase lot b. coverage by 10% or less. ЌЍ 61 Change in use that increases required parking by 10% or less. c. Façade changes or structural changes requiring a building permit. d. Establishment of a use in a building vacant for 6 months or more. e. Criteria: Applications are evaluated for compliance with the standards found in the C. Land Use,and Specified Use, and Development Guidelines and Standards (Sections 2.1, 2.2, and 3.1) of this Ordinance. Procedure: The Director shall review the application for compliance with the D. applicable standards of this Ordinance. 5.01.03 Fence and Free-Standing Wall Purpose: The purpose of this review is to ensure that fences and free-standing A. walls comply with the locational and height standards found within the Specified Use Standards (Sections 2.201 and 2.202). Criteria: Applications shall be reviewed for compliance with the locational and B. height standards of this Ordinance for fences and free-standing walls. Procedure: The Director shall review the proposal fence and/or free-standing wall C. for compliance to City regulations. 5.01.08 Property Line Adjustment; Consolidation of Lots Purpose: The purpose of this review is to ensure that adjustments to property lines A. or the consolidation of existing lots and parcels, complies with the standards of this ordinance (Section 2.1), and State Statutes (ORS Chapters 92 and 209). Property line adjustments and consolidation of lots are allowed in all zones. Criteria: B. 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 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. Procedure: The Director shall review and approve the application when it is found C. that it meets this Ordinance and the State Building Codes. ЌЎ 62 Agenda Item October 10, 2016 TO:Honorable Mayor and City Council through City Administrator FROM:Sandra Montoya, Finance Director SUBJECT: Authorized Signers on City’s Bank and Investment Accounts RECOMMENDATION: App rove the attached resolution authorizing signers on the City’s bank accounts. BACKGROUND: Resolution 1935 was approved on June 3, 2009, giving certain City officials authorizations related to the City’s bank and investment accounts.Resolution 1935 listed signers by name as opposed to position. An updated resolution is needed to remove former employees and transition from specific employee names to employee positions, thereby streamlining future updates. DISCUSSION: The City’s bank, US Bank, requires a resolution to notify them of an addition of a signer. FINANCIAL IMPACT: There is no financial impact. Agenda Item Review:CityAdministrator ______CityAttorney ______Finance _____ 63 COUNCIL BILL NO. 3021 RESOLUTION NO. 2088 A RESOLUTION DESIGNATING AUTHORIZED OFFICIALS TO SIGN ON BANK AND INVESTMENT ACCOUNTS ity of Woodburn Resolution 1935 was approved on June 3, WHEREAS, C 2009, giving certain City officialsspecific authorizations related to the City’s bank and investment accounts; and City Council wishes to update the authorized positions; WHEREAS,NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: That the signatures required on City of Woodburn bank and Section 1. investment accounts per Resolution 1935 shall be updated as follows: ACCOUNTSIGNATURES REQUIRED I.U.S. BANKTwo of the following: City of Woodburn1.City Administrator 2.AssistantCity Administrator 3.Finance Director II.OREGON STATE TREASURYTwo of the following: Local Government Investment Pool1.City Administrator 2.Finance Director 3.Accounting Manager 4.Senior Management Analyst Approved as to form: City AttorneyDate Approved: Kathryn Figley, Mayor Passed by the Council Page 1 –Council Bill No. 3021 Resolution No. 2088 64 Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson, City Recorder Page 1 –Council Bill No. 3021 Resolution No. 2088 65 Agenda Item October10, 2016 TO:Honorable Mayor and City Council FROM:Jim Row, Assistant City Administrator SUBJECT: Resolution to Join the HEAL Cities Campaign RECOMMENDATION: That the City Counciladopt a resolutionestablishing the City of Woodburn’s commitment to join the HEAL Cities Campaign and put healthy options within reach of all residents. BACKGROUND: The Healthy Eating Active Living (HEAL) Cities Campaign is a partnership of the League of Oregon Cities and the Oregon Public Health Institute.The Campaign recognizes cities that have adopted and implemented policies that promote healthy lifestyles within their community. The Campaign began in 2012, when the League of Oregon Cities and the Oregon Public Health Institute agreed to partner in the HEALCities Campaign. The Campaign assists public officials to create healthy, fit communities, through policies that expand access to options for healthy eating and active living throughout the community, and that create a culture of health at municipal workplaces. These policies have multiple benefits. The program finds that cities that adopta number of HEAL policies will improve local livability and have a profound positive impact on the community’s health and well-being. DISCUSSION: The Campaign identifiesfour HEAL Cities levels, based upon the number and type of City adopted policies and programs targeted toward improving community health. This resolution establishes Woodburn as a level two (Active) City, which is the highest level at which anew organization can join. As the Citycontinues to adopt eligible policies and programs, it can petition for higher levels of HEAL Cities designations. Agenda Item Review:City Administrator __x____City Attorney __x____Finance __x___ 66 Honorable Mayor and City Council October 10, 2016 Page 2 With its diverse demographics, including a high Latino population that is disproportionately impacted by diabetes and obesity, Woodburn is an ideal community to implement programs to strengthen protective factors of health while reducing risk factors. Programoutcomes will have a lasting and sustainable impact on the entire community. Participation in the HEAL Cities program is consistent with the City of Woodburn’s commitment to improve community health initiatives. After they were awarded grant funding in early 2016, the City joined the Marion County Health Department in their HEAL Communities Grant Initiative, which is a related program funded by the Kaiser Permanente Foundation. The HEAL Communities initiative provides the opportunity for the Health Department and its Community Health Improvement Partnership and other community partners to leverage their respective strengths to address obesity and its impacts on thecommunity with a combination of approaches. Through this program, the City installed permanent outdoor exercise equipment in Legion Park, and is working to implement community health projects, includingan expansion of the City’s fledgling downtown farmer’s market, and the creation of a “prescription program”, which will allow health care providers to refer patients to the City’s indoor aquatic center. We also plan to develop community walking groups, nutrition and cooking classes, and worksite wellness programs. HEAL Cities are eligible for HEAL Campaign resources, including, limited grant funding, use of the HEAL Cities logo, free trainings, and technical assistance. : FINANCIAL IMPACT TheCity’s participation in the HEAL Cities Campaign is not anticipated to result in significant budgetary impact. 67 Cities’ Role in Building a Healthy Community The Oregon League of Cities and the Oregon Public Health Institute have teamed up to bring the Healthy Eating Active Living Cities Campaign to Oregon. The HEAL Cities Campaign is a free program to help civic leaders healthy options with minimal budget impact. Good Health Starts in Healthy Places Civic leaders have the unique ability to improve the health of the places we live, work, study, shop and play by: giving health a greater priority in plans for their city’s future adopting Healthy Eating Active Living policies establishing a culture of wellness for municipal employees Making the decision to be more active is much easier when every neighborhood has safe sidewalks, crossings, bike paths, and transit options; attractive destinations like schools, markets, banks and libraries within a reasonable walking distance; and good access to parks, trails and playgrounds. The science is clear. People who live in places with many unhealthy than those with more opportunities to buy healthy food, regardless of race or wealth.1 68 modern history- live shorter lives than 2 their parents. Q : How can we protect our children from developing chronic medical problems related to eating too much of the wrong things and moving too little? A : Local leaders across the country are stepping up to help protect the health and well-being of children. Our kids deserve opportunities to bike or walk to school, to play in safe, open spaces and to have nutritious food options. City leaders can improve the local environment through: Land use & transportation plans Zoning regulations and decisions Selection criteria for capital projects Redevelopment priorities Economic development plans Internal personnel and facility policies What is good for kids is good for the whole community! PHOTOS: JANUS YOUTH & JOSH TILLINGHAST Join the HEAL Cities Campaign! Come to www.healcitiesnw.org and let us know what you are doing to increase healthy options in your city, or contact the Campaign for free technical assistance. Karli Thorstenson HEAL Cities Campaign karli@ophi.org | 503.227.5502 x223 REFERENCES 1. Designed for disease: The link between local food environments and obesity and diabetes, California Center for Public Health Advocacy, PolicyLink, and the UCLA Center for Health Policy Research, 2008. 2. Olshansky SJ, Passaro DJ, Hershow RC, et al. A potential decline in life expectancy in the United States in the 21st century. N Eng J Med. Mar 17 2005;352(11):1138-1145. 69 HEAL CITIES CAMPAIGN LEVELS EAGER CITIES join the Campaign by providing the Campaign with a resolution, LEVEL ONE proclamation, or letter expressing the intent to work with the Campaign to (EAGER) explore HEAL policies. ACTIVE CITIES are cities that already had at least one HEAL policy on their books LEVEL TWO before joining the Campaign. Active Cities join the Campaign by submitting (ACTIVE) these policies together with a resolution, or proclamation, or letter expressing the intent to work with the Campaign to explore additional HEAL policies. FIT CITIES join the Campaign by adopting and implementing at least one new LEVEL HEAL policy and submitting the policy with an implementation plan. THREE (FIT) FABULOUS CITIES are FIT CITIES that adopt and implement at least two LEVEL FOUR additional new HEAL policies. (FABULOUS) For more information, contact: Karli Thorstenson HEAL Cities Campaign Manager 503-227-5502 ext. 223 karli@ophi.org 70 Good health starts in healthy places! By expanding options for healthy eating and active living around the places Oregonians live, work, learn, and play, your city helps make the healthy choice the easy choice. Learn more about the HEAL Cities Campaign at www.healcitiesnw.org People who live in walkable HEAL policies expand neighborhoods are People who live sidewalks, trails, and 2 times bike paths! near trails are as likely to get enough 50% physical activity as those who don’t. more likely to meet physical activity HEAL policies support Complete Streets, guidelines. mixed-use zoning, and pedestrian safety. HEAL policies support The number of children who farmers markets, are physically active outside is community gardens, higher when and farm to school or Proximity to schoolyards are work programs. farmers markets kept open for HEAL policies expand is associated public play. shared use agreements with lower BMI. between cities and schools, churches, and community centers. Designed by Freepik Source: Activelivingresearch.org 71 Your City is a HEAL City: committed to making your city a healthy place to live, work, and play. IN OREGON: The Healthy Eating Active Living (HEAL) Cities Campaign helps cities create healthy communities through adopting policies that help 27 1,500 make it easy to live a healthy lifestyle for all residents, especially low income communities and communities of color. DEATHS Percentage of The HEAL Cities Campaign: caused by 11th-graders healthy communities Building overweight that are over- & OBESITY weight or obese each year HEAL Cities create: 748,106 35 expanding sidewalks, bike Number of Number of paths, & safe routes to school Oregonians HEAL Cities impacted by healthy food by supporting HEAL policies farmers markets & community gardens OBESITY & OVERWEIGHT CONTRIBUTE TO: The HEAL Cities Campaign is a joint project of the Oregon Public Health Institute, the League of Oregon Cities and Kaiser Permanente. ASTHMADIABETESCANCERCARDIOVASCULAR DISEASE Learn more about the HEAL Cities Campaign at www.healcitiesnw.org 72 HEALCPM ITIES OLICY ENU The Oregon Public Health Institute and the League of Oregon Cities have teamed up to bring the HEAL Cities Campaign to Oregon, with the financial support of Kaiser Permanente. The HEAL Cities Campaign helps civic leaders create healthy communities. The Campaign has a policy focus, because policies establish the rules and shape the environment in which employees, residents and businesses make decisions about nutrition and physical activity. Opinion surveys show that people wantto eat better, move more, and feel energized to do the things they love. It is much more difficult for people to make healthy choices in an unhealthy environment. Cities that provide healthy, fit environments rate higher on livability, and are more attractive to families and businesses. The Campaign provides cities with information about policy options in four areas: Land Use & Transportation, Access to Healthy Food Options, Shared Use, and Workplace Wellness & Nutrition Standards. This Policy Menu is designed to help answer these questions: 1.What policies might expand options for healthy eating and active living in my city? 2.What policies might improve workplace wellness for my city’s employees? The Campaign will work with participating cities to tailor policies for their communities. If you are interested in learning more about any aspect of the HEAL Cities Campaign, or if you would like technical assistance from the HEAL Cities Campaign to adapt a policy for your city, please see our website, www.HEALCitiesNW.org, or contact Karli Thorstenson, HEAL Cities Campaign Manager at 503 227-5502 x 223 or karli@ophi.org. 310 SW FOURTH AVENUE, SUITE 900 PHONE: 503-227-5502 www.healcitiesnw.org info@healcitiesnw.org PORTLAND, OR 97204 503-954-1405 FAX: 73 2 HEAL CITIES POLICY MENU LAND USE AND TRANSPORTATION Comprehensive Plan, Land Use Plan, and Transportation Plan Updates 1.Include general health goals; promotephysical activity and access to healthy food options 2.Promote mixed-use, transit-oriented, and/or compact development 3.Promotestreet connectivity 4.Promote “complete streets” 5.Promote pedestrian and bicycle safety in all transportation planning 6.Improveaccess for all residents to existing recreational and natural areas 7.Providetransit access to grocery stores 8.Collaborate with public health agencies and organizations to support programs and activities related to nutrition, including classes in gardening, meal planning, and cooking 9.Increase the number of parks, open spaces, and recreational trails Establish Guidelines and/or Zoning Controls 10.Adopt incentives for compact, mixed use and/ortransit-oriented development 11.Establish pedestrian and bike friendly street design standards 12.Allow new and/or support existing farmers markets 13.Allow new and/or support existing community gardens 14.Create a healthyfood zone around schools and parks by allowing or supporting the location or wholesome food retail and community gardens in those areas 15.Allow or support the location of wholesome food retailin neighborhoods that have a concentration of retailers of sugar-loaded beverages, high fat, high salt, and heavily processed foods 16.Allow Community Supported Agriculture distribution points on public property Bicycle and Pedestrian Plans 17.Establish dedicated pathways for pedestrians and cyclists 18.Addresspedestrian and bicycle safety at crossings, along traffic corridors, on routes between residential areas and schools, and in other transportation projects Healthy Infrastructure Investments 19.Increase accessibility of recreational facilities and other key destinations to pedestrians, cyclists, and transit riders 20.Create Safe Routes to Schools from residential neighborhoods to local elementary, middle, and high schools 21.Prioritize capital improvement projects that fund sidewalks, crosswalks and bike lanes in neighborhoods with high obesity rates www.healcitiesnw.org 310 SW FOURTH AVENUE, SUITE 900 PHONE: 503-227-5502 info@healcitiesnw.org PORTLAND, OR 97204 503-954-1405 FAX: 74 3 ACCESS TO HEALTHY FOOD OPTIONS Improving Access to Healthy Food Options 22.Attract retailers that offer fresh fruits and vegetables and wholesomestaple items at reasonable prices 23.Provide economic incentives forhealthy food retail projects 24.Support availability of fresh fruits and vegetables and wholesome staple items at reasonable pricesin areas identified as ‘food swamps’ or ‘food mirages’ 25.Support community gardens 26.Support year-round farmers markets 27.Support Community Supported Agriculture 28.Encourage low-income residents to purchase fresh produce by offering economic incentives (e.g., at your local farmers market, offer $5 worth of produce for each $1 of SNAP benefits) Recognize Retailers that Promote Healthy Eating 29.Recognize restaurants that disclose the calorie amount and grams of fat for each menu item listed on a menu or menu board in a clear and conspicuous manner 30.Recognize restaurants that remove foods containing artificial trans-fat from their menu 31.Recognize restaurants that offer smaller portions of popular high-calorie and high-fat dishes 32.Recognize restaurants that establish pricing structures that encourage consumption of lower- calorie, lower-fat, and less processed foods 33.Recognize restaurants and marketsthat feature healthy check-out lanes for orders that include only lower-calorie, lower-fat, and less processed or unprocessed foods SHARED USE AGREEMENTS 34.Negotiate agreements with school districts or other entities to open use of existing recreational facilities (e.g., pools, tennis courts, fields) to general public during off-hours 35.Partner with school districts or other public entities to share the cost and responsibilities of building and maintaining new park and recreation facilities 36.Partner with school districts, religious institutions, or other entities to share the cost and responsibilities of institutional kitchens for public cooking demonstrations, cooking lessons, and/or congregate meal preparation and distribution 37.Partner with school districts, religious institutions, or other entities to share the cost and responsibilities of food distribution centers WORKPLACE WELLNESS & NUTRITION STANDARDS Workplace Wellness 38.Require a self-assessment of wellness practices in each municipal workplace 39.Require the city to create a tailored plan to address its needs 40.Schedule activitybreaks during the work day 41.Encourage use of stairways 42.Improve breastfeeding accommodations for employees Healthy Meeting Policies 43.Require that all meetings with food offer a healthy option (e.g., fruit, nuts) 44.Make water the preferred beverage at meetings 45.Encourage walking meetings www.healcitiesnw.org 310 SW FOURTH AVENUE, SUITE 900 PHONE: 503-227-5502 info@healcitiesnw.org PORTLAND, OR 97204 503-954-1405 FAX: 75 4 46.Establish physical activity breaks for meetings that last more than one hour Nutrition Standards 47.Set nutrition standards for vending machines located in city owned or leased locations 48.Set nutrition standards for food offered for sale or served at city events, city sponsored meetings, city facilities, city concessions, and city programs Access to Healthy Food Options in the Workplace 49.Offer Community Supported Agriculture (CSA) programs to city employees www.healcitiesnw.org 310 SW FOURTH AVENUE, SUITE 900 PHONE: 503-227-5502 info@healcitiesnw.org PORTLAND, OR 97204 503-954-1405 FAX: 76 COUNCIL BILL NO. 3022 RESOLUTION NO. 2089 A RESOLUTION ESTABLISHING THE CITY OF WOODBURN’S COMMITMENT TOJOIN THE HEAL CITIES CAMPAIGN AND TOPUT HEALTHY OPTIONS WITHIN REACH OF ALL RESIDENTS improving livability and community health are important goals; WHEREAS, and the nutrition and physical activity choices that individuals make WHEREAS, for themselves and their families are influenced by their environment; and local policies on land use & transportation, access to healthy WHEREAS, food, and shared use determine whether options for healthy eating and active living are within reach of the people who live, work, go to school, play or worship in the City; and high rates of costly chronic disease among both children and WHEREAS, adults are correlated to environments with few or no options for healthy eating and active living; and Woodburn is a member of the League of Oregon Cities; and WHEREAS, in 2010, the League of Oregon Cities Board of Directors resolved WHEREAS, to partner with and support the national Let’s Move! Campaign headed by the First Lady of the United States, and has encouraged Oregon cities to adopt preventive measures to fight obesity; and in 2012, the League of Oregon Cities Board of Directors resolved WHEREAS, to partner with the Oregon Public Health Institute (OPHI) in the Healthy Eating Active Living (HEAL) Cities Campaign, and encouraged all Oregon cities to join the HEAL Cities Campaign and qualify as a HEAL City by accepting information, training and technical assistance from OPHI staff on policies to support healthier eating and increased physical activity levels for all residents, create more livable communities, and create a culture of wellness at municipal workplaces, and adopting at least one recommended HEAL policy; and the City has alreadyimplemented programs and policies WHEREAS, consistent with the HEAL Cities Campaign, such as partnering with MarionCounty in the HEAL Communities program, installing pathways and outdoor exercise stations at local parks, and adopting a healthy foods policy for park concessionaires; NOW, THEREFORE, Page 1 –Council Bill No. 3022 Resolution No. 2089 77 THE CITY OF WOODBURN RESOLVES AS FOLLOWS: That the City Council hereby recognizes that joining the HEAL Section 1. Cities Campaign has the potential to improve local livability and have a positive impact on the community’s health and well-being. To that end, Woodburn adopts this resolution to join the HEAL Cities Campaign as an Active City. That City of WoodburnStaff shall work with HEAL Cities Section 2. Campaign Staff to exploreand implementHEAL policies that are suitable for the City’s unique local circumstances. 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 Page 1 –Council Bill No. 3022 Resolution No. 2089 78 Agenda Item October 10, 2016 To: Honorable Mayor and City Council through City Administrator From:Jim Hendryx, Community Development Director Subject: Planning Commission approval of a variance to allow a non- conforming free-standing sign to remain after July 1, 2023, after which time all non-conforming signs are required to come into conformance with current sign standards (VAR 2016-06Grieg and Stella Olsen) RECOMMENDATION: No action isrecommended. This item is placed before the Council for informational purposes, in compliance with the Woodburn Development Ordinance Section 4.02.02. The Council may call up this item for review if desired. BACKGROUND: Olson Group Investment, LLC owns Elmer’s Restaurant, located at 255 Arney Road. On-site signage includes an approximate 67 sq. ft. pole sign, which is not allowed under current regulations. The sign is 35 ft. talland the height aspect conforms, since it is below the current height limit of 45 ft. But while pole signs are allowed in general, commercial properties require minimum street frontage to qualify for pole signs. The 67 sq. ft. pole sign on the property would require 300 –599 ft. of street frontage under the current standards; however, this property is without any frontage at all. The sign was constructed, along with the existing building, in 2000, and met applicable standards in effect at that time. In 2004, sign standards were revised, establishing the street frontage requirement for pole signs. With the revisions of the sign standards in 2010, allowance of pole signs and sign size is tied to street frontage. The Planning Commission held a public hearing on September 22, 2016and unanimously approved VAR 2016-06. Agenda Item Review:City Administrator __x____City Attorney ___x___Finance ___x__ 79 FINANCIAL IMPACT: This decision is anticipated to have no direct public sector financial impact. Site ZONING MAP SHOWING THE SUBJECT PROPERTY 80 Woodburn Development Ordinance Scrivener Errors Scrivener &Miscellaneous Amendments • Amendments address: • Incorrect references i.e., section numbers • Punctuation • Conflicting standards • Fences and walls • Carports • Clarifying ordinance intent (allowed/not allowed) • Mini-storage • Mobile food carts Scrivener &Miscellaneous Amendments • Amendments address: • Modifying specific standards • Length of temporary markets • Signage for properties with multiple street frontages • Clarifying minimum standards • street standards (minimum street improvements) Scrivener &Miscellaneous Amendments • Questions • Discussion and public input • Deliberation and decision • If approved, direct staff to return with ordinance DB OWNTOWNUSINESS OS UTREACHTRATEGY Woodburn City Council October 10, 2016 Outreach Goal To create a more inclusive and informed business network through outreach, sharing resources, providing training and hosting regular meetings. The Process Conduct door-to-door outreach to businesses Provide and preview resource materials and program information Discuss/promote upcoming community event(s) Share information about Downtown Business Meeting Collect information for business survey and inventory Resources City of Woodburn Building Improvement and Design Services Program Current Design Concept Resources Woodburn RestoreMetroPaint Program Resources Downtown Projects Current Alleyway Beautification Design Concept Downtown Projects Restroom Project Downtown Projects COMMUNITY Downtown Events Upcoming Events: Halloween Trick or Treating Christmas Tree Lighting Past Events: Cinco De Mayo Community Celebration Future Events/Opportunities: Window Display Contest Downtown Bingo/Loteria Downtown Walking/Shopping Map Business Assistance Resources: Woodburn Chamber of Commerce Chemeketa Community College WorkSource Oregon Merit Business Oregon Mid-Willamette Valley Council of Governments (MWVCOG) Small Business Development Center (SBDC) Oregon Association of Minority Entrepreneurs (OAME) Micro Enterprise Assistance of Oregon (MESA) Business Meeting Thursday October 20, 2016 th 8:00 to 9:00 a.m. 1:00 to 2:00 p.m. 5:00 to 6:00 p.m. At Chemeketa Conference Room Agenda Discussion Items: Resource Programs Downtown Events Downtown Beautification Main Street Program Questions ??