November 14, 2016 Agenda
KF,M
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ATHRYN IGLEYAYOR
ITY OF OODBURN
TAL,CW1
ERESA LONSO EONOUNCILOR ARD
LE,CWII
ISA LLSWORTHOUNCILOR ARD
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RC,CWIII
ITYOUNCILGENDA
OBERT ARNEYOUNCILOR ARD
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S,CWIV
HARON CHAUBOUNCILOR ARD
FL,CWV
RANK ONERGANOUNCILOR ARD
N14,2016–7:00..
OVEMBERPM
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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:
A.
City Hall will be closed November 24and 25for the Thanksgiving
Holiday. The Library and Aquatic Centerare closed on Thanksgiving
day.
B.The CityCouncil meeting scheduled for November 28is cancelled.
The next City Council meeting will take place on December 12, 2016
at 7:00 p.m.
Appointments:
None.
4.COMMUNITY/GOVERNMENT ORGANIZATIONS
None.
5.PROCLAMATIONS/PRESENTATIONS
Proclamations:
None.
Presentations:
A.Audit Report
6.COMMUNICATIONS
.
None
–
This allows the public to introduce items for Council
7.BUSINESS FROM THE PUBLIC
consideration not already scheduled on 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.**
November 14, 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 of October 10, 20161
Recommended Action: Approve the minutes.
B.Woodburn Recreation and Park Board minutes of September 4
13, 2016
Recommended Action:Accept the minutes.
C.Change of Ownership, Full On-Premise Sales for Elmer’s 8
Breakfast-Lunch-Dinner
Recommended Action: The Woodburn City Council
recommendsthat the OLCC approve the Change of
Ownership, Full On-Premise Sales for Elmer’s Breakfast-Lunch-
Dinner.
D.Building Activity for September 201610
Recommended Action: Receive the report.
E.Crime Statistics through September 201611
Recommended Action: Receive the report.
9.TABLED BUSINESS
None.
10.PUBLIC HEARINGS
None.
–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.3023–An Ordinance Making Certain Textual 16
Amendments to the Woodburn Development Ordinance Correcting
Scrivener Errors and Making other Amendments
Recommended Action:It is recommended that the City Council
adopt the attached ordinance which implements Legislative
Amendment LA 2016-01, amending the Woodburn Development
Ordinance, correcting scrivener errors and implementing other minor
amendments.
November 14, 2016Council Agenda Page ii
B.Council Bill No.3024–An Ordinance Amending Ordinance 2460, the 64
Solid Waste Management Franchise, to Extend said Ordinance until
December 10, 2017 and Declaring an Emergency.
Recommended Action:After providing notice and opportunity for
public comment, adopt the Ordinance extending the term of the
Solid Waste Franchise until December 10, 2017.
C.Award Personal Service Contract to Murray Smith and Associates67
Recommended Action:That the City Council, acting in its capacity
as the Local Contract Review Board, authorize the City Administrator
to enter into a Personal Service Contract with Murray Smith and
Associates for the Water Master Plan update.
D.Utility Assistance Program –Change in Program Administrators69
Recommended Action:Authorize the City Administrator, via a
motion, to execute an agreement with the Society of St. Vincent de
Paul (St. Vincent de Paul) to administer a utility assistance program.
–
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.
None.
13.CITY ADMINISTRATOR’S REPORT
14.MAYOR AND COUNCIL REPORTS
15.EXECUTIVE SESSION
To consult with counsel concerning the legal rights and duties
of a public body with regard to current litigation or litigation
likely to be filed pursuant to ORS 192.660 (2)(h).
To consider records that are exempt by law from public
inspection pursuant to ORS 192.660 (2)(f).
16.ADJOURNMENT
November 14, 2016Council Agenda Page iii
COUNCILMEETINGMINUTES
OCTOBER10,2016
DATECOUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTYOF MARION, STATE OF OREGON,OCTOBER 10,2016
CONVENED
The meeting convened at 7:00p.m. with Mayor Figleypresiding.
ROLLCALL
MayorFigleyPresent
CouncilorCarneyAbsent
CouncilorLonerganPresent
CouncilorSchaubPresent
CouncilorMorrisPresent
CouncilorEllsworthPresent
Councilor AlonsoLeonPresent
StaffPresent:
CityAdministratorDerickson,CityAttorneyShields,Economic and
Development Services Director Hendryx, Economic DevelopmentDirector Johnk,
PoliceChiefFerraris,PublicWorksDirectorScott,Finance Director Montoya,
Community Relations Manager Gutierrez-Gomez, Communications Coordinator Horton,
City RecorderPierson
APPOINTMENTS
0:00
Lonergan/Alonso Leon
...appoint Ronald Aiken and Elvin Ramirez to the Woodburn
Planning Commission. The motion passed unanimously.
COMMUNITY/GOVERNMENT ORGANIZATIONS
0:02
Woodburn School District–Chuck Ransom, Woodburn School District Superintendent,
provided an update on the 2016-2017 school year as well as an update on the bond
projects.
PRESENTATIONS
0:28
–
Public Outreach Community Update Communications Coordinator Horton provided an
’
update to Council on the Citys outreach efforts through the E-Blast, the WPDApp, and
various social mediaoutlets.
–
Downtown Business Outreach Strategy Economic Development Director Johnk
’
provided information on the Citys business outreach strategy which includes hosting
events downtown, providing information on the building improvement programs and
other resources that are available.
Mary Tennant Award for Excellence -2016 Mary Tennant Award for Excellence in
PublicService was presented to City Recorder Heather Pierson.
COMMUNICATIONS
1:13
Mayor Figley stated that she received a thank you note from Ewart Brown.
CONSENTAGENDA
Woodburn City Council minutes of September 26,2016,
A.
Woodburn Planning Commission minutes of August 25, 2016.
B.
Lonergan/Schaub
... adopt the Consent Agenda. The motion passedunanimously.
COUNCILMEETINGMINUTES
OCTOBER 10,2016
PUBLICHEARINGS
Legislative Amendment –LA 2016-01, Scrivener Errors
A.
APublicHearingtoconsiderinputonLegislative Amendment –LA 2016-01,
Scrivener Errors.MayorFigleydeclaredthehearingopenat8:15p.m.forthepurposeof
hearing publicinputonLegislative Amendment –LA 2016-01, Scrivener Errors.
Economic and Development Services Director Hendryx provided a staff report. Mayor
Figleyaskedifanyonefromthepublic would like to speak on this subject. No members
of the public wished to speak ineither support or opposition of Legislative Amendment
–LA 2016-01, Scrivener Errors.Mayor Figley declared the hearing closed at 8:19p.m.
Lonergan/Schaub
…direct staff to come back with an ordinance on Legislative
Amendment –LA 2016-01, Scrivener Errors.The motion passed unanimously.
COUNCIL BILL NO. 3021 -A RESOLUTION DESIGNATING AUTHORIZED
1:19
OFFICIALS TO SIGN ON BANK AND INVESTMENT ACCOUNTS
Lonergan
Introduced Council Bill No. 3021. Recorder Pierson read the bill by titleonly
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. 3021dulypassed.
COUNCIL BILL NO. 3022 -A RESOLUTION ESTABLISHING THE CITY OF
1:20
WOODBURN’S COMMITMENT TO JOIN THE HEAL CITIES CAMPAIGN
AND TO PUT HEALTHY OPTIONS WITHIN REACH OF ALL RESIDENTS
Lonergan
Introduced Council Bill No. 3022. Recorder Pierson read the bill by titleonly since
there were no objections from the Council. Assistant City Administrator Row provided a staff
report.Karli Thorstenson, HEAL Cities Campaign Managerprovided information on what it takes
to be a HEAL City. On roll call vote for final passage, thebill passed unanimously. Mayor Figley
declared Council Bill No. 3022dulypassed.
PLANNING COMMISSION APPROVAL OF A VARIANCE TO ALLOW A NON-
1:29
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)
Council declined to call this item up for review.
CITY ADMINISTRATOR’SREPORT
City Administrator Derickson announced that Economic and Development Services
Director Jim Hendryx will be retiring in December and that Public Works Director
Randy Scottwill be retiring at the end of October. He added that there will be an
extensive community based recruitment profile for these two positions.
MAYOR AND COUNCILREPORT
1:32
Councilor Alonso Leon thanked Economic and Development Services Director Jim
Hendryx and Public Works DirectorRandy Scott for their service to the City. She also
announced that she was able to represent the City at the Governor’sHispanic Heritage
Month Proclamation.
COUNCILMEETINGMINUTES
OCTOBER10,2016
Councilor Lonergan thanked Economic and Development Services Director Jim
Hendryx and Public Works Director Randy Scott for their service to the City.
Mayor Figley stated that she attended the LOC conference where she attendeda session
on diverse community outreach and main street program. She added that Woodburn is a
statewide landmark for our overpass and had received at least 12 comments on how cool
the lighted overpass is.
Councilor Ellsworth stated that she attended the LOC conference and received
compliments on Woodburn‘s staff,specificallyJamie Johnk and GustavoGutierrez-
Gomez. She thanked them for what they do and also thanked Jim Hendryx and Randy
Scott for their service.
CouncilorSchaubthanked Jim Hendryx for how helpful he and his staff has been and
added that the staff at the City of Woodburn is fantastic.
Councilor Morristhanked Economic and Development Services Director Jim Hendryx
and Public Works Director Randy Scott for their service to the City.He also encouraged
people to get out and vote.
ADJOURNMENT
Morris/Ellsworth
…meeting be adjourned. The motion passed
unanimously. The meeting adjourned at 8:39p.m.
APPROVED
KATHRYN FIGLEY,MAYOR
ATTEST
Heather Pierson, CityRecorder
City of Woodburn,Oregon
CityofWoodburn
CityofWoodbur
n
RecreationandParkBoardMinutes
RecreationandParkBoardMinutes
September 13, 20165:30p.m.
CALL TO ORDER
1.
Nicoletti called to order 5:35pm.
ROLL CALL
2.
Position IRicardo Rodrigues, Member (12/18)Present
Position II Hunter Conlin, Student Member (12/16)Absent
Position III Joseph Nicoletti, Board Secretary (12/17)Present
Position IV Eric Swenson, Member (12/19)Present
Position V Vacant, Member (12/17)
Position VI Ardis Knauf, Member (12/16) Present
Position VII David Piper, Board Chair(12/18)Absent
StaffKristin WierengaPresent
StaffJosh UdermannPresent
APPROVAL OF MINUTES
3.
Recreation& Park BoardMinutesfromJuly 12, 2016unanimously approved.
(Swenson, Knauf)
BUSINESS FROM THE AUDIENCE
4.
None.
NEW BUSINESS
5.
a.SDC Methodology
A.Wierenga explained the consultant report on the SDC
analysis and how much work was put into the report on the
part of staff and the consultant. The news fees go into effect
Oct. 13 and Wierenga reviewed the new fees.
B.Discussion took place around what the new fees mean for
park development and how it might impact the potential for
development at Legion, including the turf soccer field.
Nicoletti asked if the funds could be used for the turf field
and would it be prorated depending on how much capacity is
added.
b.Community Center
A.Wierenga mentioned that a group met over the summer to
discuss the idea of building a community center in
Woodburn. Discussion took place over where a center would
be built and Nicoletti asked if there were minutes from this
meeting that could be reviewed. Swensonmentioned he
heard there will likely be a meeting with the Boys & Girls
Club to discuss collaboration on the project.
B.Swenson also mentioned that he met with Terri Burkey-
Gonzales from the Lutheran Church and the Mayorto discuss
the potential to collaborate on church property that is located
on Evergreen Rd.Wierenga mentioned she would discuss
what the next steps might be on this project with staff.
OLDBUSINESS
6.
a.Fiesta Mexicana Update
A.Swenson suggested theparade be made shorter. Piper added
the number of cars were too many andlimitingthe number of
cars that participatewould be great. Swenson asked of the
possibility ofusingtheAmory parking lotand mentioned that
it was roped off this year.
B.Wierenga gave an update on attendance and the budget and
the fact that the event went really well this year. Planning has
not yet started for next year but will soon. Swensonasked
about space and being able to fit more in attendance.
Wierenga replied thatit wouldbepossible to add more,
especially if the space is reconfigured.Eric asked if security
measures at the gate, such as pat downs,could be lessened.
b.Centennial Park Splash Pad Grant Update
A.Wierenga gave an update that once the agreement is signed,
work can begin. There are plans to meet with Public Works
staff that will be involved in the process later this month,
construction will be in the spring with a planned opening for
around June 2017.
DIVISION REPORTS FROM DEPARTMENT
7.
a.Aquatics
Financial Update
Expenses –$106,862 / $103,106 for 2015
Revenues –$63,753 / $67,407 for 2015
Attendance –5570 for August
Final #’s for 2015-2016
Revenues of $281,914 (2.2% increase over last year)
Expenses of $523,043 (1.3% increase over last year)
53.89% cost recovery
Program Update
Group Fitness – New record attendance, 732, previous best was 668
MVA – New season started last Monday, 21 swimmers on the team with
6 new
Swim Lessons – 739 for summer, 97 already signed up for the fall in just
nd week; total of 138 in 2015
our 2
Make a Splash – 7 in August, Neon Glow Party – 18
Marketing/Other
Daytime staffing levels look good at the moment
Burlingham Trust Grant – Update
Pool Closure dates – October 31 – November 18
New staff
New Aqua Zumba / Zumba certified instructor
New Deep water fitness instructor for 5:30am class
New assistant swim coach, swam for Woodburn High school,
MVA in Salem and Whitworth University
New Yoga instructor with 200 hour certification
A.Piper added that changing the swim lesson format was great
and more convenient for customers. Swenson mentioned he
joined the facility and has really enjoyed it and that it’s a
great facility.
b.Recreation
Admin
Wierenga back but only back part time
Working on Winter & Spring 2017 Out & About currently
Youth Sports
Youth cheer; first year program and 26 signed up
Soccer in progress currently; 84 youth less than last year, however
spring was up 117 youth from 2015
Soccer classes in progress; 27 signed up –fundraiser for the high
school girls program (more than double spring numbers)
Adult Programs & Sports
10-20 on summer trips and tours per trip
O-Fest shuttle cancelled due to low numbers; numbers seem to flex up
and down each year with some good years and some low years
Taking registrations for men’s league basketball currently; closes next
week
Events
th
Summer events went well with good reviews from 4of July
Next events are Halloween related; Haunted Zombie Run &
Downtown Trick or Treating
Youth Advisory Board
Raised $3,874 in 2016-2016 school year & awarded3-$1,000
scholarships
Helped over 55 community projects/events & volunteered a total of
2,103 hours
Museum
Friends group formally establishing a non profit
Will be starting exhibit workshops in Nov. for the Heritage Grant
Collections committee is working hard to continually go through
objects and organize collection
A.Discussion took place around students playing in club sports,
divisions and changing the strategy of sports in Woodburn.
c.Parks & Facilities
A.Wierenga mentioned that keeping all positions filled has been
a challenge. With fall coming, leavesand general park
upkeep will be the main focus.
B.Wierenga added that there is still a vacant position on the
board and if anyone knows of anyone who may be great or
interested, to pass along the application and that staff will
also be promoting the opportunity.
FUTURE BOARD BUSINESS
8.
a.Piper suggested for next summerto plan a community event “viewing
party” for the solar eclipse. It should happen during the day most
likely and it’d be a great opportunity to get people out and together
and help kids learn about science.
BOARD COMMENTS
9.
a.Rodriguez added an idea of fundraising for the soccer field through a
similar account like Go Fund Me and he saw examples of facilities
being funded from a small amount through a Go Fund Me account.
Discussion took place around fundraising for the turf field and the
proper timing and timeline for funding that project.
b.Knauf mentioned she is very excited about the splash pad project and
the community center concept partneringwith the Boys & Girls Club.
c.Piper added that Conlin is sick and out of school and that it was
discussed to have the meeting at 6pm instead of 5:30pm. All agreed
that next meeting for Oct. will start at 6pm and just for October due to
Conlin and Piper’s football schedules.
ADJOURNMENT
10.
6:57pm
Agenda Item
November 14, 2016
TO:Honorable Mayor and City Council through City Administrator
THRU:James C. Ferraris, Chief of Police
FROM:Jason Millican,Lieutenant
SUBJECT:
Change of Ownership,Full On-Premise Sales
:
RECOMMENDATION
The Woodburn City Council recommends that the OLCC approve the
Change of
for Elmer’sBreakfast-Lunch-Dinner.
Ownership,Full On-Premise Sales
:
BACKGROUND
Applicant:Elmer’s Restaurants Inc.
8338 NE Alderwood Rd. Suite 175
Portland, Oregon 97220
503.252.1485
Point of
Contact:Susan Herzog
Same as Applicant
Business:Elmer’sBreakfast-Lunch-Dinner
255 N Arney Rd.
Woodburn, OR 97071
503.982.2255
Owner:Gerald A. Scott
Same as Applicant (Above)
Agenda Item Review:City Administrator ______City Attorney ______Finance _____
Honorable Mayor and City Council
November 14, 2016
Page 2
License Type: Permits beer, wine,
Change of Ownership, Full On-Premise Sales-
cidersales and liquor for on premiseconsumption only.
On October 21,2016,the Woodburn Police Department received an
applicationrequesting approval for a Change of OwnershipFull On-Premise
Salesliquor license for Elmer’sBreakfast-Lunch-Dinner.This is arestaurant which
contains a dining room and a separate full service bar. The restaurant sellsfood
for consumption during all hours of operation.
Elmer’sBreakfast-Lunch-Dinnerislocated at 255N.Arney Rd.Woodburn,
Oregon 97071. The hours of operation will be Sunday thru Saturday 7:00am to
10:00pm.There willnot be anyrecorded music, DJ music, or karaoke. There will
bevideo lottery games. The Police Department hasnot received any
communication from the public or surrounding businesses in support of or
against the proposed change.
DISCUSSION:
The Police Department has completed a background investigationin
connection with the OLCCon the applicantsand found nothing of a
questionable nature to preclude the issuance of this license.
FINANCIAL IMPACT:
None
10/18/2016
102731122
19
001000020
3
600210300
12
000001002
3
97611111191812
94
100000000
1
000000020
2
000200000
2
201110001
6
521001010
10
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1
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6
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310
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303115133
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501120240
15
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401212023
15
300123112
13
100300021
7
100001000
2
000010000
1
102200010
6
000100000
1
1 2
10/18/2016
002100000
3
010100000
2
001100000
2
000001000
1
001002000
3
010001100
3
010202000
5
001001000
2
000100000
1
011000031
6
000010000
1
000010000
1
123376320
27
1147411121537
74
799113261617
80
214127376
33
001120000
4
110451325
22
002010120
6
111301012
10
030001001
5
000000001
1
011000011
4
100100000
2
1401081441441561411631931511340
2061571551871662492001391681627
1391201271261461711793161501474
Arrests / Year
1800
1600
1400
1200
1000
1,627
800
1,474
1,340
600
400
200
0
201420152016
Year
2 2
10/18/2016
243441342
27
001011020
5
600220400
14
002111010
6
11911141715132423
137
210000000
3
321221121
15
100300041
9
625482264
39
001000000
1
521000122
13
000001000
1
2366975101013
89
000001000
1
022132221
15
100000010
2
000000012
3
336343724
35
010000010
2
1063663858
55
10310555677
58
213208118201416
112
000010000
1
315333522
27
640301040
18
100000000
1
101001000
3
000001000
1
012200110
7
000101001
3
023121000
9
1340610141
30
542255490
36
222263111
20
010001100
3
001000000
1
001000001
2
263231263525403923
277
001100000
2
000100011
3
011012141
11
1881815918101218
126
2597117442
51
734374854
45
001100000
2
022220011
10
811997111297
83
1088687855
65
00000031312
28
2313129394
46
000001000
1
323312442
24
000210113
8
512312052
21
120311112
12
300001102
7
200000000
2
1 2
10/18/2016
000111112
7
133332314
23
000010000
1
010010000
2
000000002
2
230212221
15
000001000
1
100030011
6
003001002
6
100002000
3
211000000
4
011102001
6
010001010
3
010002000
3
031121011
10
444843174
39
310100000
5
1211175263455
88
100011020
5
171411161519131315
133
002000000
2
110002001
5
141017132218221110
137
111224141110122031
145
313299485
44
84145240146
66
242029374623572423
283
132132435
24
111201012
9
030001001
5
000000001
1
111000111
6
110100001
4
3002513172743632733113283042721
3572702713092903593272792582720
2802632552723162773323192552569
Offenses / Year
2800
2400
2000
1600
2,7202,721
2,569
1200
800
400
0
201420152016
YEAR
2 2
10/18/2016
373845524273636045
455
010010101
4
334326122518161519
207
9561319142583
102
110401451
17
548574445875698060
599
00101124530100
198
1341731521252572262081781291582
1361361541382631971851571111477
1161221891933421931771841321648
Ordinance Violations / Code Enforcement Officers
1400
1200
1000
800
1,385
1,307
1,213
600
400
200
0
201420152016
COMBINED TOTAL - CODE ENFORCEMENT OFFICERS
Ordinance Violations / Year
1800
1600
1400
1200
1000
1,648
1,582
800
1,477
600
400
200
0
201420152016
YEAR TOTALS FOR ALL OFFICERS
1
Agenda Item
November 14, 2016
TO:Honorable Mayor and City Council through City Administrator
FROM:Jim Hendryx, Community DevelopmentDirector
SUBJECT:
Legislative Amendment LA 2016-01
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance which
implements Legislative Amendment LA 2016-01, amending the Woodburn
DevelopmentOrdinance, correcting scrivener errors and implementing other
minor amendments.
:
BACKGROUND
Beginning in 2009, the Woodburn Development Ordinance (WDO) was entirely
rewritten. Initially, sign standards were revised (2010). Then, in 2011, administrative
provisions were updated and in 2013, the remaining sections of the ordinance,
primarily dealing with land use standards, were updated. The ordinance was
again readopted in the fall of 2013 in order to address scrivener errors, resulting in
reformatting the WDO.
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 to address these WDO issues this past
February.
At the September 22,2016 Planning Commission meeting,the Commission held a
public hearing on LA 2016-01 and took action on scrivener errors and other
miscellaneous amendments, recommending that the City Council approve
amendments to those sections of the WDO.
The City Council held a public hearing on October 10, 2016 and approved
amendments correcting scrivener errors and other miscellaneous amendments
and directed that staff forward those amendments for Council’s consideration.
Agenda Item Review:City Administrator ____x__City Attorney __x____Finance __x___
Honorable Mayor and City Council
November 14, 2016
Page 2
DISCUSSION:
The City Council considered Legislative Amendment LA 2016–01 at itsOctober 10,
2016 meeting and directed staff to return with an ordinanceimplementing those
changes. The attached ordinance carries out Council’s direction.
:
FINANCIAL IMPACT
Legislative Amendment LA2016-01 revises development standards and is not
anticipated tohaveany financial impact.
COUNCIL BILL NO.3023
ORDINANCENO.2541
AN ORDINANCE MAKING CERTAIN TEXTUAL AMENDMENTS TO THE WOODBURN
DEVELOPMENT ORDINANCE CORRECTINGSCRIVENER ERRORSAND MAKING OTHER
AMENDMENTS
the Woodburn Planning Commission conducted a workshopon
WHEREAS,
June 23, 2016 and apublic hearingon September 22, 2016 regarding proposed
amendments addressing scrivener errors and other miscellaneous amendments
and forwardedamendments to the City Council,with a unanimous
recommendation of approval; and
, various sections of the WDO have been modified to correct
WHEREAS
incorrect references; i.e. section numbers, punctuation, and conflicting
standards, with an eye towards clarifying ordinance intent; and
additional amendments are included that set specific standards
WHEREAS,
for temporary outdoor markets and increase their allowed timespan; and
otheramendments allow signage for properties with multiple
WHEREAS,
street frontages and clarify minimum street standards; and
during the course of preparing this ordinance, additional errors
WHEREAS,
were identified and corrected, including renumbering sections in Table 2.02A and
addressing Section 3.09.01 B. 1, which states that residential Planned Unit
Developments may be included in Nodal Medium Density Residential (RMN)
zones, in addition to all other residential zones; and
the City Council conducted a public hearing on October 10,
WHEREAS,
2016 and approved the addressingofscrivener errors and other miscellaneous
amendments in the WDO and this Ordinanceeffecting the proposed
amendments;
NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINSAS FOLLOWS:
For purposes of this ordinance amendment, all new text is shown
Section 1.
deleted
as underlined (i.e. new text) and all deleted text is shown as stricken (i.e.
text)After this ordinance amendment is adopted, the Economic and
Development Services Director shall correct the WDO to incorporate all revisions
contained herein.
Page 1 –Council Bill No. 3023
Ordinance No. 2541
The WDO is amended as specified in Exhibit A, Scrivener Errors,
Section 2.
which is attached hereto.
The legislative action taken by this Ordinanceis explained and
Section 3.
justified by the Planning Commission Staff Report regarding Scrivener Errors, which
is attached hereto asExhibit B.
Approved as to form:
City AttorneyDate
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Heather Pierson,City Recorder
City of Woodburn, Oregon
Page 1 –Council Bill No. 3023
Ordinance No. 2541
Exhibit A
137
Page of
Scrivener Errors
For purposes of this ordinance amendment, all new text is shown as
underlined (i.e. new text) and highlighted,all deleted text is shown as
stricken (i.e., deleted text). After this ordinance amendment is adopted, the
City Recordershall correct the Woodburn Development Ordinance(WDO)
to incorporate all revisions contained herein.
Sections in bold typeand followed bystaff 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 aterm does not include the lease or
rental of a dwelling unit (See Section 2.02.12.10).
2.Definitions include how to determine the rearlot line for triangular,
diamond or trapezoidal lots. The definition should be inclusive of
irregularlyshaped 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.Table 2.02A (Uses Allowed in Residential Zones) lists “Garage (or carport in
the case of a manufactured home)” as an accessory use. The reference to
carports for manufactured dwellings is from the previous WDO and should
be deleted.
AAAAA
Garage (or carport in the case of a manufactured home)
1
Exhibit A
237
Page of
4.Table 2.02A (Uses Allowed in Residential Zones) lists Manufactured
dwelling park under “B. Nonresidential, Care and Public Uses”. The use
should be listed under “A.Dwellings”of the same table.
Uses Allowed in Residential Zones
Table 2.02A
Use
Zone
Accessory Uses (A) Conditional Uses (CU)
Permitted Uses (P)
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
2
Exhibit A
337
Page of
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)
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
8
House of worshipSSSSS
9
Manufactured dwelling parkSS
10
Nursing homePP
9
11Off-street parking to serve a non-residential use
CUCUCUCUCU
10allowed in zone
12
Parks, play grounds and associated activities PPPPP
11
13
Rights-of-way, easements and improvements for
streets, water, sanitary sewer, gas, oil, electric
12PPPPP
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
3
Exhibit A
437
Page of
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)
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
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.Tables2.02B-Fidentifies sitting requirements for the various residential
zones. The tablessetminimum 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
densityare inconsistent and should be re-labeled to include duplexes for
consistency.
4
Exhibit A
537
Page of
Footnotes for Table 2.02E arebeing revised to reflect the appropriate
standards for row house development.An additional footnote is being
added to recognize front setback averaging for infill situations.
A.Development Standards (Tables 2.02B-F)
Residential Single-Family (RS) -Site Development Standards
Table 2.02B
1
Interior, flag or cul-de-sac lot6,000
Lot Area,
Single-family dwelling, child
1
8,000
Minimum (square
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
Flag lot 20-2430 3
Residential Density, Minimum (units per net acre)5.2
Front Setback and Setback Abutting a Street, Minimum
4, 5, 6
20
(feet)
5
Exhibit A
637
Page of
Residential Single-Family (RS) -Site Development Standards
Table 2.02B
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
30
height
structureand less than 28
Average
(feet)
(feet)
28 or more36 7
Accessory structure5
Setback to a Private Access Easement, Minimum (feet)5
6
Exhibit A
737
Page of
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)
Accessory structure25 of rear yard 8
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.
7
Exhibit A
837
Page of
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
Any other useNot specified 8
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)
Flag lot 24-30 4
Duplex,Single-family dwelling
5.2
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
Front Setback and Setback Abutting a Street, Minimum (feet)20 5,10
8
Exhibit A
937
Page of
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
30
height and less than
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
30
Minimum height and less than
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
9
Exhibit A
1037
Page of
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
Any other useNot specified 8
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)
specifically allow “motor freight transportation and warehousing of
products, furniture and household goods”. Clarification is needed to allow
mini-storage as an allowed use.
10
Exhibit A
1137
Page of
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
4
Motor 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
11
Exhibit A
1237
Page of
13Motor freight transportation and warehousing, including
local or long-distance trucking or transfer services,
PCUP
storage of farm products, furniture and other household
goods, andcommercial goods,andmini-storage
14Non-depository credit institutions engaged in extending
credit in the form of loans, but not engaged in deposit PP
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
20
Stone, 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.Section 2.07.02 contains the redundant words“and vehicle”.
2.07.02 Boat, Recreational and Vehicle Storage Pad
Where permitted as a special use in conjunction with a single-family dwelling or
duplex, the development of any vehicle, boat, or recreational and vehiclestorage pad
shall comply with thefollowing use and development standards:
A. Each dwelling unit shall be limited to a storage pad with the capacity to store a
total of two boats, recreational vehicles or these items in combination, in addition to
permitted off-street parking.
B. Permitted off-street parking shall not be used to store vehicles, boats or
12
Exhibit A
1337
Page of
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 thisordinance (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)
8.Section 2.07.15 allows Mobile Food Services are aspecial use in the
Industrial zones. Use Table 2.04A omitted Mobile Food Services as a
special useand 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
4
Rights-of-way, easements and improvements for streets,
water, sanitary sewer, gas, oil, electric and
PPPP
communication lines, stormwater facilities and pump
stations.
5Trade schools PPCUP
BCommercial Retail and Services
13
Exhibit A
1437
Page of
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)
1Ambulance servicePP
2
Automotive maintenance andgasoline stations, including
PP
repair services
3Business servicesPP
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
89Restaurants 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 oneday per week for 24 consecutive weeks. The representative ofthe
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
14
Exhibit A
1537
Page of
Permitted Uses
A.
Seasonal salesof fireworks, Christmas trees, produce or plant materials
1.
Amusement rides and games
2.
Entertainment
3.
Any other merchandise or service
4.
Duration
B.
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 within24 hours of each event.
Events may reoccur once per week for a maximum of 2436weeks.
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 toobtain 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;
15
Exhibit A
1637
Page of
Retaining a minimum of four feet for pedestrian clearance along any adjacent
3.
walkway.
10.In Section 3.01.01.A, the plural term “Rights-of-way” should be corrected to
the singular.
3.01.01 Applicability
A. 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.
3.01.01Applicability
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 isnot 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
16
Exhibit A
1737
Page of
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 toaccommodate
the installation of, or access to, larger and/or deeper pipes.
13.In Section 3.03.02:Special setbacks restrict development and construction
forfuture rights-of-way, providing for future street improvements without
encroaching on existing structuresand or improvements. Clarification is
needed to allow fences and walls at the property line. Secondly,Special
Setbacksby 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.
Where dedicated 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
17
Exhibit A
1837
Page of
Special Setback by Street Classification
Table 3.1.1
Special Setback from Centerline
Transportation System Plan
Classification
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
See TSP for varying rights of way along Highway 99E
1.
14.In Table 3.04A (Access Requirements), the row title “Corner Clearance
Guidelines” should have the dimension “feet” added.Additionally
footnote 6 needs to be added to the heading “5 or More Dwellings or Living
Units, Schools or House of Worship” for clarification that private drives
may not serve more than 4 individual lots.
Access Requirements
Table 3.04A
1 to 4 Dwellings, 5 or More Dwelling or
Commercial or
Living Units or Living Units, School,
Industrial Use
66
Individual Lots or House of Worship
Flag Lot Access Width (feet)
20 minimum24 minimum30 minimum
(See Figure 3.04A)
18
Exhibit A
1937
Page of
Access Requirements
Table 3.04A
1 to 4 Dwellings, 5 or More Dwelling or
Commercial or
Living Units or Living Units, School,
Industrial Use
66
Individual Lots or House of Worship
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
(Add 8’ if a turn
3, 4
(feet)
30 maximum
(Add 8’ if a turn lane is
lane is
provided)
provided)
Manufactured
10 minimumn/an/a
Dwelling Park
Curb Flare Radius (feet)15 minimum25 minimum30 minimum
Major Arterial,
Minor Arterial,
n/a50 minimum50 minimum
Throat
Service
Collector
Length
5
(feet)
Access or
n/a20 minimum20 minimum
Local Street
Access or
30 minimum30 minimum30 minimum
Corner
Local Street
Clearance(f
eet)
Service
50 minimum50 minimum50 minimum
Collector
1
Guidelines
Minor Arterial245 minimum245 minimum245 minimum
(See Figure
3.04B)
Major Arterial300minimum300 minimum300 minimum
Driveway on
the same 22 minimum50 minimum50 minimum
parcel
19
Exhibit A
2037
Page of
Access Requirements
Table 3.04A
1 to 4 Dwellings, 5 or More Dwelling or
Commercial or
Living Units or Living Units, School,
Industrial Use
66
Individual Lots or House of Worship
Access or
nonenonenone
Driveway
Local Street
Separation
Service
Guidelines
50 minimum50 minimum50 minimum
Collector
1, 2
(feet)
(See Figure
MinorArterial245 minimum245 minimum245 minimum
3.04B)
Major arterial300 minimum300 minimum300 minimum
Access to 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) Value), the rows for “Large tree” and “Medium
tree”should have a closed parenthesis after the word “maturity”.
20
Exhibit A
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Plant Unit (PU) Value
Table 3.06B
MaterialMinimum Size
Plant Unit (PU)
Value
1.Significant tree 1 15 PU each24” Diameter
2.Large tree(60-120 feet high at 10 PU each10’ Height or 2”
1
maturity)
Caliper
3.Medium tree(40-60 feet high at 8 PU each10’ Height or 2”
1
maturity)
Caliper
4.Small tree(18-40 feet high at 4PU each10’ Height or 2”
1
maturity)
Caliper
5.Large shrub (at maturity over 4’ 2 PU each3 gallon or balled
1
wide x 4’ high)
6.Small to medium shrub (at 1 PU each1 gallon
maturity maximum 4’ wide x 4’
1
high)
7.Lawn or other living ground
1 PU / 50 square
1
cover
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
0.5 PU / lineal foot
14.Raised planting bed constructed of
Minimum 1 foot high,
of greatest
brick, stone or similar material
minimum 1 foot wide in
dimension
2
except CMU
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Exhibit A
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Plant Unit (PU) Value
Table 3.06B
MaterialMinimum Size
Plant Unit (PU)
Value
least interior
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
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.
22
Exhibit A
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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
child care facility, or group
of screening
Nonresidential use in a
RS, R1S, or RSN zone
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
RM or RMN zoneW 2 DW 2 DW 2 W 2 DW 2 DNW 2
DDC or NNC zoneNNNNNNNNNNN
Nonresidential use in CO zoneW 2 W 2 W 2 NW 2 W 2 NW 2 DNW 2
22222
CG or MUV zoneWWDDDDDWWDW
111111
Outdoor storage in CG or MUV WWWWWW
1,31,31,31,31,3
WWWWW
,3,3,3,3,3,3
zone
3333333
IP, IL, or SWIR zoneWWDWDDDWWWW
Permitted useDDNNNNNDDND
P/S
P
Conditional use DDDDDDDDDDD
zone
Single-family dwelling, duplex,
77777777777
child care facility, or group NNNNNNNNNNN
home
23
Exhibit A
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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
child care facility, or group
of screening
Nonresidential use in a
RS, R1S, or RSN zone
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
Multiple-family dwelling, child
22,52222,5,
WWWWWW
2,5, 8
care facility, group home or DDWDD
8
,5, 8, 8,5, 8,5, 8,5, 8
nursing home
Nonresidential use in a
22222
WWDDDDDWWDW
residential zone
Manufactured dwelling parkW 2 W 2 W 2 W 2 W 2 W 2 W 2 W 2 W 2 W 2 D
Boat, recreational, and vehicle
2222222222
storage pad, if within 10 feet of FFFFFNFFFFF
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
WW 2,6,7
,6.,7,6,7,7,6,7,6,7,6,7,6,777
family dwelling, duplex, child
care facility, or group home
1.Screening is only required from the view of abutting streets, parking lots, and residentially
zoned property. Storage shall not exceed the height of the screening.
24
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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
child care facility, or group
of screening
Nonresidential use in a
RS, R1S, or RSN zone
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
2.Six to seven feet in height
3.Six to nine feet in height
4.Abutting streets must also be screened.
5.Screening is required abutting multiple-family dwellings, commercial or industrial uses only.
6.In industrial zones, screening is required only where the refuse collection facility is in a yard
abutting a public street, parking lot, or residentially zoned property.
7.Child care facility for 12 or fewer children, group home for five or fewer persons.
8.Child care facility for 13 or more children, group home for six or more persons.
General notes:
9.Screening is subject to height limitations for Vision Clearance Areas (Section 3.03.06) and
adjacent to streets (Section 2.01.02).
10.No screening is required where a building wall abuts a property line.
11.Where a wall is required and is located more than two feet from the property line, the yard
areas on the exterior of the wall shall be landscaped to a density of one plant unit per 20
square feet.
17.Section 3.07 includesdesign standards for single family, duplexes and
manufactured dwellings. The section needs to identify the adoption date.
The current text also states that,“Manufactured dwellings have different
25
Exhibit A
2637
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standards for roofing, exterior finish and garage/carports; otherwise, all
standards in this Section apply to manufactured dwellings.” Reference to
carportsshould be deleted. Secondly,the materials listedfor exterior
siding should be broadenedto include the additional materials Section.
3.07.02
Single-Family Dwellings, Duplexes and Manufactured Dwellings on
Individual Lots in Pre-existing Developments
Applicability
A.
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, 2013and in partitions.
Manufactured dwellings have different standards for roofing, exterior finish and
C.
garage/carports; otherwise, all standards in thisSection apply to manufactured
dwellings. The term “dwelling” includes single family, duplexes and
manufactured dwellings.
B.Roof Standards
1.Pitch
Site-built dwellings shall have a minimum roof pitch of 4:12. Manufactured
dwellings shall have a minimum roof pitch of 3:12.
2.Material
Roofing material shall be composition shingles, clay or concrete tile, metal,
cedar shingles or shakes. Composition shingles shall be architectural style,
with a certified performance of at least 25 years.
3.Eaves
Eaves of a dwelling unit or garageshallprovide 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
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Exhibit A
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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.
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 beyondthe 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
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G.The front of the dwelling shalleither 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.
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 isto protect the unique character of the
community’s oldest and most central neighborhood. While the majority of
homestherewere built in the early part of 1900’s,newer homes were
constructed in the 60’s –90’s. Allowance needs to be made for the newer
homes,with recognition oftheir 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
shall be read as “shall” and shall be applied as standards. For a Type II or III
review, the criteria of this Section shall be read as “should” and shall be applied
as guidelines.
Design Guidelines and Standards
B.
The proposed construction should/shallprovide architectural details, such as
1.
dormers, bays, bracketing, cornices and trim, to add aesthetic visual interest
and detail.
The design should/shallminimize 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 feetback from the building facade or the
garage should be detached.
Long, flat facades on buildings should/shallbe avoided. Buildings should/shall
3.
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not be more than 50 feet wide.
The character of single-family and duplex roofs shall be maintained. The roof
4.
pitch should/shallbe a minimum of 6:12.
The main entrance of a dwelling should/shallface the street and be covered
5.
with a roof.
Windows in the building should/shallbe wood sash with trim that is at least 5½
6.
inches wide. No pane of glass should/shallbeany larger than 30 inches wide
by 84 inches high. Glass should/shallbe clear or stained.
Horizontal wood siding, brick or stucco should/shallbe 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 3.07.07addresses design standards for the Downtown
Development and Conservation Zone (DDC). Section 7, which addresses
windows,needs reformatting for consistency.
3.07.07Downtown 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 floorwindows 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.
29
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(7)c.Upper Floor Window Standards
(1)Glassarea dimensions shall not exceed five feet by seven feet.
(i)
(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.
20.Section 3.09.01 B omitted Planned Unit Developments within Multi-
Family (RM & RMN) zones. This was an oversight and needs correction.
Section 3.09.01Allowable Types and Minimum Area of PUDs
Transfer of Density PUD
B.
1.A Transfer of Density PUD shall consist entirely of property in any residential
zone, or in more than one residential zone. A Transfer of Density PUD may
only be used to transfer residential density from undevelopable areas of a site
(riparian corridor, floodplain, wetlands, unstable soils or slopes) to developable
areas of a site, but not to increase the overall number of dwelling units allowed
on the site. Note: This development option is often called cluster housing.
2.There is no minimum site area for a Transfer of Density PUD.
Residential PUD
C.
1.A Residential PUD shall consist entirely of property zoned
RS, RM,RSN, RMN,R1S, or P/SP, or in more than one such zone. A PUD is
not allowed in the Neighborhood Conservation Overlay District (NCOD).
2.A Residential PUD shall contain a minimum of two acres.
Mixed-Use PUD
D.
1.A Mixed-Use PUD may consist of property in any zone or zones. A Mixed-Use
PUD is not allowed in the Neighborhood Conservation Overlay District (NCOD).
2.A Mixed-Use PUD shall contain a minimum of three acres.
21. Table 3.10.10B should provide for monument signs onsites with multiple
street frontages
.
Permanent Signs in the CGZone
Table 3.10.10B
Pole Signs 1
30
Exhibit A
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Permanent Signs in the CGZone
Table 3.10.10B
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 square feet 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,
whichever is less
Maximum 1 per single-tenant site or
complexMaximum 1 per single-tenant
1,000-1,199
Maximum 45 feet high
site or complex
feet
Maximum 550 square feet or 12.3 Maximum 20 feet high
square feet per foot of actual height, Maximum 100 square feet
whichever is less
Maximum 1 per single-tenant site or
complex
1,200 feet or
Maximum 45 feet high
more
Maximum 850 square feet or 18.9
square feet per foot of actual height,
whichever is less
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Permanent Signs in the CGZone
Table 3.10.10B
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 feet high
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
Projecting Signs
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Permanent Signs in the CGZone
Table 3.10.10B
Not allowed on a site or complex with a pole or monument sign
Maximum 1per 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 8feet above ground
Maximum 6 square feet
Drive-through Signs
Maximum 2
Maximum 8 feet high
Maximum 8 feet wide
Flags
Maximum 2
Maximum 40 square feet each
Maximum 40 feet high
Exempt from application and permit requirements
Window Signs
Maximum 50 percent of window area on each facade
Exempt from application and permit requirements
Signs on Phone Booths and Product Dispensers
Maximum 3 square feet on an individual unit
Exempt from application and permit requirements
Bench Signs
Maximum 1 square foot per bench
Exempt from application and permit requirements
1.A monument sign may not be established on the same frontage as a pole sign.
2.Changing image is allowed on freestanding signs only, up to 50 percent of the total
sign area.
3.Externally or internally illuminated signs –except internally illuminated awnings –
are allowed.
4.For signs regulated by ORS 646.930 (Motor vehicle fuel prices; requirements for
33
Exhibit A
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Permanent Signs in the CGZone
Table 3.10.10B
display), an additional 32 square feet may be incorporated into another sign, or
may be installed as a separate wall or monument sign. The fuel price display area
of such signs may be electronic changing-image. If the price of four or more fuel
products is required to be displayed, the additional allowance shall be 42 square
feet.
22.The headingformat 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 site or 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 16square feet
Maximum 4 percent of facade or 150 square feet, whichever is less
Awning/Marquee Signs
Deemed wall signs
Shall not extend above or below the awning or marquee
Projecting Signs
34
Exhibit A
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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.
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Exhibit A
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Permanent Signs in the IP, IL,and SWIR Zones
Table 3.10.10E
4.Changing image is allowed on monument signs only, up to 50 percent of the total
sign area.
5.For signs regulated by ORS 646.930 (Motor vehicle fuel prices; requirements for
display), an additional 32 square feet may be incorporated into another sign or
may be installed as a separate 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.
23.Section5.01.02,5.01.03 &5.01.08 make reference to sections 2.1 & 3.1,but
the correct reference should be Sections 2 & 3.
5.01.02Design 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 2.1and 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 processapproved 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
c.
UseAnd 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.
36
Exhibit A
3737
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coverage by 10% or less.
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.
5.01.03Fence 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.
5.01.08Property 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.
37
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Agenda Item
November 14, 2016
TO:Honorable Mayor and City Council
FROM:Scott C. Derickson, City Administrator
SUBJECT:
Solid WasteFranchise Extension
:
RECOMMENDATION
After providing notice and opportunity for public comment, adopt the Ordinance
extending the term of the Solid WasteFranchise until December 10, 2017.
:
/
BACKGROUNDDISCUSSION
The City’s Solid Waste Franchise Agreement with Republic Services was approved
by the City Council on November 25, 2009 andis set to expire on December 10,
2016. Staff began meeting with Republic Services this summer to negotiate a
renewal of the franchise and to discuss the need to adjust rates, due to the fact
that Marion County was implementing a 30% increase to disposal fees, effective
October 1, 2016.
After discussing the process with representatives from RepublicServices, we
decided to address the rate change separate from the franchise renewal. The
rate change was a significant enough issue itself, and we were concerned that
the processwouldbe further complicated by combining it with the franchise
renewal. The new rate structure wasnegotiated with Republic Services and
subsequentlyapproved by the City Council on September 26, 2016.
With the consent of Republic Services, the Ordinance extends the Solid Waste
Franchise until December 10, 2017. An emergency clause was included in the
Ordinance so that the existing franchise does not expire.
:
FINANCIAL IMPACT
None.
Agenda Item Review:City Administrator __X__City Attorney __X__Finance __X__
COUNCIL BILL NO.3024
ORDINANCENO.2542
AN ORDINANCEAMENDING ORDINANCE 2460, THE SOLID WASTE MANAGEMENT
FRANCHISE, TO EXTEND SAID ORDINANCE UNTIL DECEMBER 10,2017AND
DECLARING AN EMERGENCY
Ordinance 2460 grants an exclusive franchise ("the Existing
WHEREAS,
Franchise") to United Disposal Services, Inc.dba Allied WasteServices of Marion
County-Woodburn to collect, transport, and convey solid waste in the City; and
Allied WasteServices of Marion County has merged into Republic
WHEREAS,
Services and UnitedDisposal, Inc. now does business as Republic Services of
Marion County-Woodburn; and
under the Existing Franchise, Republic Services requested an
WHEREAS,
adjustment to its residential, commercial, and industrial rates and submitted
evidence to the City Council to justify the proposed rate schedule; and
pursuant to the Existing Franchise, the City Council conducted a
WHEREAS,
public hearing on September 26, 2016, and then adopted Resolution 2087,
Approvingan Adjusted Rate Schedule for Providing Solid Waste Service; and
the Existing Franchise expires on December 10, 2016 and both
WHEREAS,
parties need additional time to negotiate a new franchise; and
consistent with Section 2.3 of Ordinance 2460, granting the
WHEREAS,
Existing Franchise, both the City and the Franchisee have agreed to extend the
form of the franchise from December 10, 2016 until December 10, 2017,
NOW,
THEREFORE,
THE CITY OF WOODBURN ORDAINSAS FOLLOWS:
The City Council finds thatthe Franchiseehas consented to this
Section1.
franchise extension.
Ordinance 2460is amended to add a new section, Section 2.3A,
Section2.
which shall read as follows:
Notwithstanding any language to the contrary
.
2.3AExtension
contained in Section 2.3 Term, this franchise Ordinance and the rights
and privileges granted herein shall remain in effect until December
10, 2017.
Page 1 –Council Bill No.3024
Ordinance No.2542
This Ordinance being necessary for the immediate
Section 3.
preservation of the public peace, health and safety (because of the need for the
Existing Franchise to be extended prior to its expiration)an emergency is declared
to exist and this Ordinance shall take effect immediately upon passage by the
Council and approval by the Mayor.
Approved as to form:
City AttorneyDate
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 1 –Council Bill No.3024
Ordinance No.2542
AgendaItem
November14, 2016
TO:Honorable Mayor and City Council through City Administrator
FROM:Eric Liljequist,Interim Public Works Director
SUBJECT:
AwardPersonal ServiceContractto Murray Smith and Associates
RECOMMENDATION:
That the City Council, acting in its capacity as the LocalContract Review Board,
authorize the City Administrator to enter into a Personal Service Contractwith
Murray Smith and Associates for the Water Master Planupdate.
:
BACKGROUND
The update to the Water Master Plan is funded in this 2016/17fiscal year budget.
Staff utilized a Request for Proposals (RFP) process to solicit professional services to
assist City staff in updatingthe Water Master Plan. The RFP was advertised on the
City websiteand in the Daily Journal of Commerce.Staff received only one
proposalthat was submitted by Murray Smith and Associates(MSA).MSA’s
proposalsatisfiesthe requirementsof the RFP. Staff reviewed MSA’s qualifications
andproceeded tonegotiatea scope of work and fee forservicesto completethis
component of theWater MasterPlanupdate.
MSAis a well-qualifiedfirm and familiar with the current City water system.They
were awarded a Personal Service ContractinFebruaryof 2010 to provide
professional servicesfor design and implementation of the secondarydisinfection
system oftheCitydrinking watersystemthat went online May 9, 2011.
The Personal Service Contractis in the amount of $69,707
DISCUSSION:
The 1997 Water Master Planwas amended/updatedin 2001,thisis a 20-year plan
that is technically sufficient in many regards, but requires review and an update to
adjust future expansion requirements based upon current planning criteria. The
updated plan will need to incorporate the Urban Growth Boundary expansion
Agenda Item Review:City Administrator __X____City Attorney __X____Finance ___X__
Honorable Mayor and City Council
November 14, 2016
Page 2
approved in January of 2016 and will update the Financial Plan for operations and
maintenance costs and the capital improvement plan.
The plan update is being broken into two components, the technical portion of the
plan update and a financial portionof the update. This Personal Service Contract
is for the technical portionof the water master plan update.The work will consist of
reviewingprojectionsand assumptions oftheexisting Water Master Plan, updating
current planning data, existing water demands, projected water demands,
storage and distribution demandswith hydraulic modeling, current and future
water qualityassessmentsand developing a capital improvement plan.This work
is scheduledtotake approximately8 to 12 months to complete and willculminate
with obtainingOregon Health Authority approval.
The other component, the FinancialPlan of the of the Water Master Plan,will be
done under a separatesolicitationprocess, withaPersonal Service Contract
anticipated to be awardedsometimein the spring of 2017. The Financial Plan will
involvean extensive cost analysis, looking at system capital and operating costs,
revenues, water usercharacteristics/rates and system development charges.
The contract award is in conformance with publiccontracting laws of the State
of Oregon as outlined in ORS Chapter279C and the laws, regulations of the City
of Woodburn, therefore, staff is recommending the City Administrator be
authorized to sign the Personal Service Contract.
FINANCIAL IMPACT:
The Personal Service Contractwill be fundedfrom the approved2016/17fiscal
year budget,using Water SDC Fund,474.611.9531.5419,Other Professional
Services, Project Accounting Code EAWA1205.
Agenda Item
November 14, 2016
TO:Honorable Mayor and City Council
FROM:Scott C. Derickson, City Administrator
SUBJECT:
Utility Assistance Program–Change in Program Administrators
RECOMMENDATION:
Authorize the City Administrator, via a motion,to execute an agreement with the
Society of St. Vincent de Paul (St. Vincent de Paul) to administer a utility assistance
program.
:
BACKGROUND
In FY 2015-16 the Council approved the execution of a contract for the
administration of a utility assistance program with Mid-Willamette Valley
Community Action Agency (MWVCAA). During the past two months Finance staff
began receiving resident complaintsthat MWVCAA was stating that no
assistance was available for Woodburn. Upon researching the complaints, it was
determined that MWVCAA had in fact been turning away indigent customers,
and that as of October 31, 2016, no assistance had been provided to any
Woodburn residents.
The City has contacted the Society of St. Vincent de Paul and confirmed that
they administer a utility assistance program.The program will provide assistance
to indigent utility account holders that are in jeopardyof having services cut due
to lack of payment. Through a referral by City staff, Woodburn residents will be
able to seek assistance when utility servicesare in jeopardy.
Aserviceagreementof up to $5,000,will be funded through the reimbursement
from MWVCCA, and will exclusively assistlocal indigent customers and be used
to settle delinquent City of Woodburn utility accounts.
DISCUSSION:
St. Vincent de Paul is a nonprofit corporation that has for sometime administered
a similar utility assistance program in the cities of Salem and Keizer(see webpage
excerpt on page 3).Utility assistance would be available to qualified applicants
Agenda Item Review:City Administrator __X____City Attorney __X____Finance __X__
Honorable Mayor and City Council
November 14, 2016
Page 2
for all City provided utilities and would be received only by Woodburn residents.
Under the current program, the criteria listed below was established. Similar
criteria will be requested from St. Vincent de Paul, within their screening
parameters.
Applicant resides in the City of Woodburn;
Assistance is one time per household per year;
Show that an inability to pay is caused by an unforeseen emergency (job
loss, illness, etc.) and is not an ongoing problem;
Reasonable assurance that all other sources of assistance have been
exhausted;
Demonstrate that the household has sufficient income to prevent this
emergency from reoccurring;
Have a shut-off notice or other past-due notice for utility-related fees;
Pay only amount needed to avoid shut-off or pay past-due fees;
Able to verify income for the past 30 days; and
Income is ator below 150% of the Department of Health and Human
Services’ poverty levels.
:
FINANCIAL IMPACT
If approved by the City Council, the financial impact would be a maximum of
$5,000. The funding would come from the reimbursement from MWVCCA for
services not rendered.
Honorable Mayor and City Council
November 14, 2016
Page 3
http://svdpsalem.org/emergency-services/bill-pay/
WA
OODBURNLLEYWAY
BPU
EAUTIFICATIONROJECTPDATE
Woodburn Urban Renewal Agency
November 14, 2016
PC
ROJECTONCEPT
Create a safe, clean, pedestrian-friendly
alleyway system in Downtown
Woodburn.
EA
LEMENTSTODDRESS
Dark and unsafe alleys
Graffiti and vandalism
Criminal and indecent activity
Overall poor image of Downtown
N
egative impact on businesses
AT
LLEYSODAY
DECA ADC
RCHITECTESIGNONCEPT
OPTION #1
O#1 E$105,255
PTIONSTIMATE
Net Estimated Cost $81,755
OPTION #2
O#2 E$71,742
PTIONSTIMATE
Net Estimated Cost $50,692
OPTION #3
O#3 E$64,972
PTIONSTIMATE
Net Estimated Cost $45,622
PFP
ROJECTUNDINGARTNERS
City of Woodburn Urban Renewal
Republic Services
Metro Paint
Cox Electric
Business and property owners
PGE (¥´£¨¦ ±¤°´¤²³ ¯¤£¨¦)
Marion County (¥´£¨¦ ±¤°´¤²³ ¯¤£¨¦)
SR
TAFFECOMMENDATION
Staff requests consideration by the Urban
Renewal Agency to fund the Alley
Beautification Project -Option #2 in the
amount of $71,742.
BD(CYF)
UDGETISCUSSIONURRENTEARUNDING
ActualsProjected
FY 2015-16FY 2016-17
Revenues$ 586,898 $ 628,757
Expenditures (including Restroom Project)$ 215,613 $ 368,387
Net Income$ 371,285 $ 260,370
Beginning Fund Balance$ 1,345,026 $ 1,716,311
Ending Fund Balance$ 1,716,311 $ 1,976,681
Reserves$ 1,903,613
Undesignated Balance (available for project)$ 73,068
BD(B)
UDGETISCUSSIONORROWINGOPTION
ProjectedForecast Forecast Forecast Forecast
FY 2016-17FY2017-18FY2018-19FY2019-20FY2020-21
First Street Project Costs4,136,000 4,342,800
Available Reserves1,903,613 1,903,613
Estimated Borrowing Needs2,232,387 2,439,187
Revenues628,757 644,476 660,588 677,103 694,030
Expenditures (excluding restroom)168,387 173,439 178,642 184,001 189,521
Net Income460,370 471,037 481,946 493,101 504,509
Annual Debt Service (10 year)267,856 267,856 267,856 267,856 267,856
Estimated Net Income192,514 203,182 214,090 225,246 236,653
Annual escalators: Project Cost 5.0%, Revenue 2.5%, Expenditures 3.0%
NS
EXTTEPS
FYE 2016-17: Beautification of alley
from Hayes to Grant Streets
FYE 2017-18: Beautification of alley
from Grant to Lincoln Streets
FYE 2018-19: Beautification of alley
from Lincoln to Harrison Streets
ANY
QUESTIONS ?
THANK YOU !