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Res 2093 - Initiating Legislative Amendments to WDO COUNCIL BILL O. 3031 RESOLUTION NO. 2093 A RESOLUTION INITIATING CONSIDERATION OF LEGISLATIVE AMENDMENTS TO THE WOODBURN" DEVELOPMENT ORDINANCE WHEREAS, the Woodburn Development Ordinance (WDO) establishes the standards that development is required to meet and that clarity of those standards is critical as the community continues to grow and prosper, and WHEREAS, periodic revisions and updates are necessary and expected to correct inconsistencies, eliminate ambiguity and address current issues that insure that the WDO is clear and concise, and WHEREAS, the Community Development Director has identified a general list of potential modifications to the WDO, and WHEREAS, the Planning Commission, at their April 27, 2017 Workshop, considered the list of potential modifications and indicated their support for having the Council begin the process to amend the WDO, and WHEREAS, Section 4.10.09 of the WDO requires the City Council to initiate the consideration of any potential legislative amendments to the WDO by resolution; NOW, THEREFORE, THE CITY OF WO URN RESOLVES AS FOLLOWS: Section 1. Pursuant to Section 4.10.09 of the WDC , the City Council initiates a review of the potential legislative amendments to the WDO outlined in Exhibit "A", which is attached to this resolution. Approved as to form.. Date' City Attorney P V A"p Approve 1: Z y Kathryn Fi ley; M r Passed by the Council Submitted to the Mayor M-0,4 d-0 11 Approved by the Mayor koa aoll Hied in the Office of the Recorder )-,oil, Page I - Council Bill No. 3031 Resolution No. 2093 ATTEST. eather Pierson, City Recorder City of 'Woodburn, Oregon Page 1 - Council Biii No. 3031 Resolution No. 2093 ExhibitA Potential Legislative Amendments Subject General description of issue 1. Signs Discuss/review removal date of non'conforming sign provisions. Clarify temporary sign location requirements. Z. Landscaping, This Section of the WDO has proven problematic to enforce. Planting, Screening Several elements are inconsistent and unclear. Specifically, need to clarify difference between buffer, setback and planting requirements. Also,review and consider modifying buffer requirements in each zone. Option "D" in Table 3.06 D is ambiguous. 3. Flag lot setbacks Review for lack of clarity and flexibility. It is not clear how front setbacks are to be determined. Some sections provide for the architectural front of a dwelling on a flag to face the vehicular entrance instead of the "parallel" road. 4. Outdoor dining Outdoor seating is permitted in DDC -but silent in all other areas Districts. 5. Food carts/mobile Review regulations for"mobile food services" and "food food services vending carts". Definitions are not clear. Mobile food services are permitted in industrial areas; whereas food carts are permitted in DDC. 6. Accessory Regulations lack clarity and are difficult to enforce. WDO structures &lot has two layers of lot coverage related to accessory coverage structures. They are included in both rear and total lot coverage measurements. No lot coverage is provided for small lots or non SFH developments. 7. Public schools in Not currently listed as a permitted use in P/SP zone. P/SP Allowed as permitted use in all commercial zones and CUP in residential zones. May need to modify school definitions as well. B. Mixed Use Specified in other commercial districts (under density clarification calculations), but not explicit in DDC. 9� Parking in DDG Minor changes to clarify that no parking is required in the DDC. 10. Type I decision Lack of clarity/ consistency: making o Clarify that replacement structures also require Type I review. o Change language to be consistent with the Type I1 and III. o Clarify grading permit requirements (needs flexibility) 11. Significant tree Allow tree removal during winter. removal 12. Rooftop equipment Inconsistent criteria that varies from district to district. screening Language is vague and screening often expensive for builders to provide. 13. Vision clearance Need to confirm effectiveness and options for more area flexibility. Silent on measuring in situations where there is no curb. Discuss alternative measurements. 14. Address new type of Current code prohibits a specific "new" recycling/retail use recycling facility that appears to be appropriate in commercial areas, 15. Fence requirements Clarification necessary to distinguish commercial from residential. Good time to review permitting process. 16. Required ROW WDO is unclear about applicability, proportionality and improvements extent of improvements required with development. Need to discuss fee in lieu. 17. Lighting in parking Applicants have expressed concern that it is difficult to areas meet. Measurement and enforcement is challenging. 18. Alleys Nodal zone requires alleys - however Public Works and TSP don't have alleys standards. Also, frowned upon by Fire District. 19. Weather protection This requirements is not clear and compliance has proven on commercial difficult. Need to review materials requirement and specific buildings areas to be covered. 20. Density definition Modify WDO to match Comprehensive Plan definition c 21. Refund Review current code requires refunding 100% of the requirements application fee prior completeness. Consider removing from the WDO. 22. Setback in RM For Ml~, townhomes, and accessory structures side/rear setbacks are between 24-36 feet same as rear. This can be over-restrictive for narrow lots. 23. Pre-application Should be required for all complex applications, not just conferences annexations. *Minor scrivener's errors and revisions as determined necessary during the course of this update may be included.