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September 25, 2017 Agenda FIGLEY,MAYOR HRYN CITY OF W OO D B U R N JUAN SERRATOS,TCOUNCILOR WARD 1 LISA ELLSWORTH,COUNCILOR WARD II CITY COUNCIL AGENDA ROBERT CARNEY,COUNCILOR WARD III SHARON SCHAUB,COUNCILOR WARD IV FRANK LONERGAN,COUNCILOR WARD V SEPTEMBER 25, 2017 - 6:15 P.M. ERIC MORRIS,COUNCILOR WARD VI CITY HALL COUNCIL CHAMBERS-270 MONTGOMERY STREET 6:15 PM - WORK SESSION A. FIRST STREET TOUR 7:15 PM - REGULAR CITY COUNCIL MEETING 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements: None. A1212ointments: None. 4. COMMUNITY/GOVERNMENT ORGANIZATIONS None. 5. PROCLAMATIONS Proclamations: None. 6. COMMUNICATIONS None. 7. BUSINESS FROM THE PUBLIC - This allows the public to introduce items for Council 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- 6318 at least 24 hours prior to this meeting. **Habrd int6rpretes disponibles para aquellas personas que no hablan Ingl6s, previo acuerdo. Comunfquese al (503) 980-2485.** September 25, 2017 Council Agenda Page i 8. CONSENT AGENDA - Items listed on the consent agenda are considered routine 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 September 11, 2017 1 Recommended Action: Approve the minutes. B. Woodburn City Council Executive Session minutes of September 11, 3 2017 Recommended Action: Approve the minutes. C. Woodburn Planning Commission minutes of June 22, 2017 4 Recommended Action: Receive the minutes. D. Woodburn Planning Commission minutes of July 27, 2017 7 Recommended Action: Receive the minutes. E. Woodburn Planning Commission minutes of August 10, 2017 14 Recommended Action: Receive the minutes. F. Crime Statistics through August 2017 21 Recommended Action: Receive the report. 9. TABLED BUSINESS None. 10. PUBLIC HEARINGS None. 11. GENERAL BUSINESS-Members of the public wishing to comment on items of general business must complete and submit a speaker's card to the City Recorder prior to commencing this portion of the Council's agenda. Comment time may be limited by Mayoral prerogative. A. Council Bill No. 3040 - A Resolution Initiating Consideration of 26 Legislative Amendments to the Woodburn Development Ordinance Recommended Action:Adopt the attached Resolution, initiating the consideration of legislative amendments to the Woodburn Development Ordinance (WDO). B. Council Bill No. 3041 -A Resolution Adopting The Updated Woodburn 30 Transit System Title VI Program Recommended Action: It is recommended that the City Council adopt via resolution the updated Title VI Civil Rights Program for September 25, 2017 Council Agenda Page ii public transit programs, as required by the Federal Transit Administration. 12. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These are Planning Commission or Administrative Land Use actions that may be called up by the City Council. A. Call-up Review Briefing: Planning Commission Approval of a 47 Design Review for a Commercial Retail Building with Variances at 1299 N. Pacific Hwy (DR 2017-04; VAR 2017-04; VAR 2017-07) Recommended Action:Staff recommends no action. This item is placed before the Council as a call-up review briefing in compliance with Woodburn Development Ordinance (WDO) Section x.02.02. The Council may call up this item for review if desired. 13. CITY ADMINISTRATOR'S REPORT 14. PRESENTATIONS A. Land Use Planning 15. MAYOR AND COUNCIL REPORTS 16. EXECUTIVE SESSION To review and evaluate, pursuant to standards, criteria and policy directives adopted by the governing body, the employment-related performance of the chief executive officer of any public body, a public officer, employee or staff member unless the person whose performance is being reviewed and evaluated requests an open hearing pursuant to ORS 192.660 (2)(i). 17. ADJOURNMENT September 25, 2017 Council Agenda Page iii COUNCIL MEETING MINUTES SEPTEMBER 11, 2017 0:00 DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 11, 2017 CONVENED The meeting convened at 7:01 p.m. with Mayor Figley presiding. ROLL CALL Mayor Figley Present Councilor Carney Present Councilor Lonergan Absent Councilor Schaub Present Councilor Morris Absent Councilor Ellsworth Present Councilor Serratos Present Staff Present: City Administrator Derickson, City Attorney Shields, Assistant City Administrator Row, Economic Development Director Johnk, Community Development Director Kerr,Police Chief Ferraris, Interim Public Works Director Liljequist, Assistant City Attorney Granum, Community Relations Manager Gutierrez-Gomez, City Recorder Pierson 0:00 ANNOUNCEMENT Mayor Figley announced that City Attorney N. Robert Shields has received the James Epps Award from the International Municipal Lawyers Association (IMLA). 0:03 COMMUNITY/GOVERNMENT ORGANIZATIONS Woodburn Tourism Committee - Carisa Rangel Gottuso, Woodburn Tourism Committee Chair provided information on the members of the committee as well as providing a presentation on its tourism website www.TravelWoodbu .com and social media sites. 0:20 CONSENT AGENDA A. Woodburn City Council minutes of August 14, 2017, B. Building Activity through July 2017, C. Crime Statistics through June 2017, D. Liquor License/Change of Ownership Application for the Woodburn Liquor Store Ellsworth/Schaub... adopt the Consent Agenda. The motion passed unanimously. 0:21 AWARD OF CONSTRUCTION CONTRACT FOR THE MILL CREEK PUMP STATION PUMPS #1 & #3 REMOVAL & REPLACEMENT, BID #2018-01 Schaub/Ellsworth... award the construction contract for the Mill Creek Pump Station Pumps 41 & 43 Removal & Replacement Project to the lowest responsible bidder, Trench Line Excavation, in the amount of$294,850.00. The motion passed unanimously. 0:22 CITY ADMINISTRATOR'S REPORT City Administrator Derickson announced that the Chamber of Commerce has a new app that provides access to their business database, dates and locations of greeters and more. He also Page 1 - Council Meeting Minutes, September 11, 2017 1 COUNCIL MEETING MINUTES SEPTEMBER 11, 2017 thanked Ewart Brown and Woodburn Proud for inviting him to the First Responders dinner. 0:23 MAYOR AND COUNCIL REPORTS Councilor Schaub stated that she is sorry she missed the Fiesta this year and added that she is inspired by the pre-opening of Metropolis. Councilor Ellsworth stated that she was also inspired by the opening of Metropolis and that a lot of different businesses are coming to town. She added that it's a great time in Woodburn, the City is growing smart and she is proud to talk about all the good things happening in Woodburn. Mayor Figley stated that she has been up in Portland and has received compliments on Woodburn. She also thanked everyone for their behavior during the eclipse and that it was a positive event. She added that a community celebration that includes Mexican Independence Day is happening this weekend. Councilor Carney stated that the City is moving in the right direction and that he is sorry he missed the Metropolis opening. Councilor Serratos thanked the Council and staff for being so welcoming. He stated that it is an interesting time in Woodburn and that he looks forward to the challenge. He added that he is here to serve the community. 0:28 EXECUTIVE SESSION Mayor Figley entertained a motion to adjourn into executive session under the authority of ORS 192.660 (2)(h) and ORS 192.660 (2)(f). Ellsworth/Schaub... move into executive session. The motion passed unanimously. The Council adjourned to executive session at 7:30 p.m. and reconvened at 8:18 p.m. Mayor Figley stated that no action was taken by the Council while in executive session. 0:29 ADJOURNMENT Morris/Ellsworth... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:18 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon Page 2 - Council Meeting Minutes, September 11, 2017 2 EXECUTIVE SESSION COUNCIL MEETING MINUTES SEPTEMBER 11, 2017 DATE CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 11, 2017 CONVENED The Council met in executive session at 7:32 p.m. with Mayor Figley presiding. ROLL CALL Mayor Figley Present Councilor Carney Present Councilor Lonergan Absent Councilor Schaub Present Councilor Morris Absent Councilor Ellsworth Present Councilor Serratos Present Mayor Figley reminded Councilors and staff that information discussed in executive session is not to be discussed with the public. Media Present: None Staff Present: City Administrator Derickson, City Attorney Shields, Assistant City Administrator Row, Police Chief Ferraris, Assistant City Attorney Granum, Community Relations Manager Gutierrez-Gomez, City Recorder Pierson Others Present: Jon Stouffer, CIS Claims Consultant The executive session was called: To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660 (2)(h). To consider records that are exempt by law from public inspection pursuant to ORS 192.660 (2)(f). ADJOURNMENT The executive session adjourned at 8:17 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon Page 1 —Executive Session, Council Meeting Minutes, September 11, 2017 3 WOODBURN PLANNING COMMISSION PUBLIC HEARING/MEETING MINUTES June 22, 2017 CONVENED: The Planning Commission met in a public meeting session at 7 p.m. in the City Hall Council Chambers, with Chair Charles Piper presiding. ROLL CALL: Chair Piper Present Vice-Chair Corning Present Commissioner Aiken Present Commissioner Ramirez Present Commissioner Comer Present Commissioner Dos Reis Present Commissioner Lassen Present Staff Present: Chris Kerr, Community Development Director McKenzie Granum, Assistant City Attorney Introduction Chair Piper opened the workshop/meeting at 7 pm, and led the Commissioners in the flag salute. A new member of the council was introduced. Wassa Dos Reis has lived in Woodburn for five years, but has lived in the surrounding area for many years. She has two small children who attend Heritage Elementary school. She applied in order to learn something new and challenging. Her family enjoys the outdoors, Minutes The April 27, 2017 minutes were left out of the email packet, so approval is postponed until the next meeting. Business from the Audience None Workshop Chris Kerr distributed a "rough working draft" for amendments for the WDO. The items are intended to correct important things that come up in the day-to-day operations of the Planning Department. 1. Buffer yards: Clarify definition and its appropriate uses, 1 4 2. Flag lots: Clarify "front lot line" definition. Broaden the dimension requirements of flag lots, expressing it as a ratio rather than given dimensions. 3. Bottle drop: Give a new definition of "Redemption Center" to allow their presence within retail centers. 4. Schools: Add to the definition to include "Post-Secondary" (business, tech, etc.) and "Specialized" (dance, language, etc.). Clarify their permitted use within Industrial areas. 5. Vending carts: Insert a new definition of "vending carts" to differentiate them from "mobile food services." Clarify permitted uses within commercial zones, prohibiting "mobile food kitchens." (Members found this controversial because of the carts' popularity in Portland. Should we be encouraging or discouraging these?) 6. Boat, recreational and vehicle storage pads: Amend to remove paving and gate requirements. 7. Lighting of non-residential areas: Simplify standards for parking and loading areas. Clarify requirements discouraging illumination spill to residentially zoned properties and public streets. 8. Off-street parking: Narrow the language of "residential districts" to "single- family and duplex developments." Require "multi-family" parking requirements to mimic "non-residential districts." Multi-family parking may be in carports as well as garages. There was a discussion about what constitutes screening - a wall only? Does vegetation. 9. Significant tree removal: Revise permit to allow removal during winter months (year-round). 10.Roof-mounted equipment: Screening requirements may cause undue stress on existing structures, causing costs to become unreasonable. Amend requirements only for new structures or additions. 11.Building facades: Ambiguous language referring to "any similar bright color" is removed. Amend the requirement that canopies to shield pedestrians from the weather are only required above doors and entryways. 2 5 12.Single-family architectural guidelines: Add that an entrance may face the side yard for homes platted between 2005 and 2013. 13.Prohibited signs: There are exceptions to the prohibited areas. Language is removed that may regulate content of signs. Non-conforming signs: Ease restrictions to require signs to come into conformity only during circumstances of significant alteration. 14.Medium Density Residential setbacks: Change side setback of multi-family developments to "one half' of the rear setback. 15.Multi-family off-street parking requirements: Amend required spaces to reflect number of bedrooms, i.e. one-bedroom units should only require one space. Allocate one extra space per ten units to allow for visitor parking. 16.Screening requirements: Revise and simplify chart to eliminate ambiguity and add language "in order to mitigate potential negative impacts on adjacent property." Other Business Director Kerr alerted the Commission about what to expect over the summer. Adjournment Commissioner Comer d to adjourn the meeting and Commissioner Corning seconded the motion. .. APPROVED Char`e Pi Chair Date ATTEST ... Chris Date Community Development Director City of Woodburn, Oregon 3 6 WOODBURN PLANNING COMMISSION PUBLIC HEARING/MEETING MINUTES July 27, 2017 CONVENED: The Planning Commission met in a public meeting session at 7 p.m. in the City Hall Council Chambers, with Chair Charles Piper presiding. ROLL CALL: Chair Pi.per Present Vice-Chair Corning Present Commissioner Aiken Present Commissioner Ramirez Present Commissioner Comer Present Commissioner Dos Reis Absent Commissioner Lassen Absent Staff Present: Chris Kerr, Community Development Director Colin Cortes, Senior Planner McKenzie Granum, Assistant City Attorney Vicki Spitznogle, Recording Secretary Introduction Chair Piper opened the workshop/meeting at 7 pm, and led the Commissioners in the flag salute. Minutes The April 27, 2017 minutes were unanimously approved.. Business from the Audience None Communication Director Kerr introduced Colin Cortes, the new Senior Planner, to the Commissioners. Public Hearing: 777 E. Lincoln Street (CU 2017-03) — In January 2017, the City granted a Conditional Use permit for the expansion and redevelopment of Washington Elementary School. One of the conditions of that approval was to provide a landscaping buffer along the east property line 100 feet in width. Under this application, the applicant is requesting that the Planning Commission modify that 1 7 condition of approval to allow the landscape buffer along the eastern property line to be 20 feet in width. Commissioner Corning drove by the site. There was no other ex parte contact. John Henri with the Woodburn School District spoke about the buffer requirement, since the landscape buffer, as planned, would invade the soccer field. In addition, all future school applications would fall under the same requirement and the same hardship. Commissioner Corning made a motion to approve and Commissioner Comer seconded. The motion passed unanimously. 9065 Arney Road ANX 201703; CU 2017-02; DR 2017-03; VAR 2017-03; RCWOD 2017-03; PLA 2017-04 - The applicant requests an annexation with a consolidated development review to permit a 300 unit multi-family housing development (Woodland Crossing) with an Recreational Vehicle (RV) storage area on a 39 acre property, located generally at the terminus of Arney Lane. Commissioners Aiken and Corning went to the neighborhood meeting that was held on July 19, 2017. They listened to the remarks, but made no comments. Commissioner Corning also drove by the site. There was no other ex-parte contact. It was noted that each homeowner would be allowed to choose what sort of fence or wall they want in regards to Condition #9. Applicant: Brian Varricchione, MacKenzie, Land Use Planning, gave some site context regarding the proposed site, which is comprised of about 34 acres located to the west of Woodburn Premium Outlet Mall. The proposed plan is appropriate for the site and is consistent with the City's long-term vision, spelled out in the Comprehensive Plan. It meets approval standards as outlined in the staff report. The applicants are requesting a gravel surface for the RV storage area instead of paving (Condition 6). They also request modification of Condition #'s 4, 5, 8 and 9 to tie them to multi-family development, rather than RV storage. Dick Spies, MacKenzie, Architect and Corporate Advisor for Design, presented plans that would maximize the amenities of the site, while minimizing the effect on the surrounding neighborhood. Jennifer Danziger, MacKenzie, Transportation Engineer, studied access points and analyzed high-traffic time periods, such as morning and afternoon 2 8 commutes. The busiest month of the year was also studied (November), as required by the State. The team forecast 2018 pre-development traffic and what the future condition of the area would be like with the proposed development, using the Trip Generation Manual, which is the industry standard for traffic studies. During peak hour volume, approximately 2,400 trips are forecast to occur during peak hour volume in 2018 post-development on Arney Lane, Woodland and Robin Avenues. Forecasting has been shown to be reasonably reflective of what could be expected. Greg Mino, MacKenzie, Civil Engineer said the site was developed to drain towards the wetland area. Calculations are provided in the storm report. Testimony in favor of the application: 1. David Minton, 2 Juniper Circle, a. Thinks property values will go up b. Has traffic concerns; has seen several accidents c. In favor of proposed signage, but better traffic control is needed Traffic forecast estimates how many cars, but not how fast they go d. Connecting streets do not have signs on them Testimony opposed to the application: 1. Brian Judd, 3175 Nekia St. • Traffic forecast is too conservative and proposed signage isn't enough • Homeowners bought homes there for peace and quiet, not a huge increase in density and development 2. Robert Beacher, 1582 Woodland Ave. • 1-5's single turn lane backs up, with cars on the shoulder • Homeowners often have to go home on back roads, which takes longer • Proposed signage is not enough • Big trucks are having problems on the narrow roads • Estimated car traffic is too conservative 3. Judy Tanzer, 953 Woodland Ave. • Traffic will be far greater than estimated • Will the increased number of children lead to needing more schools and bonds to pay for them? 4. Ann Picardo, 1013 Woodland Ave. • Traffic backs up now from Woodland Ave. onto Robin Ave. • Accidents occur 3 9 • Concerns about both water drainage and water purification before it drains into Senecal Creek. • Will taxes go up with the need to maintain additional infrastructure? • 5. John Catterson, 3156 S. Pacific Highway and 3156 Steven Street • Concerned about massive traffic increase • Once the apartment complex exists, increased traffic will find its way onto residential streets. • Consider future infrastructure and how it will impact the present neighborhoods; speed bumps will be needed 6. Laurice Catterson, 1055 S. Pacific Highway • Proposed shrubbery may become unkempt and harbor blown trash • Worried about people going in and out of their driveways safely with the increased traffic that the complex will bring • Proposed parking on both sides of the road along the north side of Arney Lane will not work, since it's already crowded 7. Dean Cromwell, 3346 Jory Street • Will present homeowners still have access to Senecal Creek? 8. David Lavier, 1662 Willow Ave. • People leaving the mall now shoot straight across Stevens onto Willow. All traffic will come down Woodland Avenue 9. Jerry Erdt, 1266 Woodland Ave. • Concerns about drainage • The subdivision will be a huge parking lot 10.Marie Friend, 1315 Willow Ave. • Everyone in that area is affected, not just immediate neighbors • Traffic is already terrible. What will increased traffic be like? • Proposed development needs to have a different entrance and exit than proposed, not ones that will spill into residential neighborhoods 11.Marlene Kernodle, 3416 Steven St. • Present homeowners bought homes here to be in a safe neighborhood. Increased traffic and development will lead to increased crime and danger 12.MaryAnn Imblum, 3117 Myrtle Street, • In her 45 years on Myrtle Street, she has observed that development increases criminal opportunity. • Traffic is horrendous now, with frequent accidents on Myrtle St. 4 10 • Despite the new overpass, traffic on the weekends from the mall is terrible and that is without the increased traffic being proposed • The area has lots of children already • Present sewer problem will only get worse • Homeowners voted against apartments in the past 13.Josh Kelley, 1750 Woodland Ave. • Concerned that if the apartment complex is subsidized to low-income families, crime will follow • Opposed to bushes being planted as a buffer between complex and residential neighborhoods; wants a 30 foot easement, as well as a wall • Traffic near-misses are common already, even without increased traffic • Present signage is ignored by drivers • It's unclear whether parking is proposed to be both on the inside and outside of the apartments • Outside parking will lead to additional cars parking on Arney Lane • Wants an independent assessment of traffic impact done. • Traffic impact study was done at high commute times of 7-9am, but the mall opens at 10am • Clarification on possible fire danger • Do we have a representative for our neighborhood? • We love our neighborhood and we don't deserve this 14. Tim Silver, 3129 Steven St. • Both Woodland and cross streets are very narrow, with cars parked on both sides. It's very difficult to navigate even without proposed traffic increase 15.Gabriel Alvarez, 3597 Myrtle St. • Traffic flow needs to be managed. • Concerned about safety for all, especially the children. 16.Laura Williams, 3380 Stevens St. • Wants standing for people unable to attend the meeting 17.Wayne Babcock, 3051 Camas St. • Stop light is needed at Robin and Woodland Ave. • ODOT planning for the 1-5 interchange failed to include better direct route to the Outlet Mall 5 11 Applicant's Rebuttal: Brian Varricchione - Many concerns were raised this evening. In response:. 1. Parking: six hundred spaces are proposed onsite. The south side of Arney Lane allows street-side parking. 2. Schools: MacKenzie sent notice of subdivision to Woodburn School District. The response was that children from the apartment complex could be accommodated. 3. Drainage: Prior to any permits being issued, the applicant has to show compliance with City standards. 4. Shrubs and trash: The theme for this development is protection for the wetlands. Plantings, such as shrubs, would be regularly inspected and maintained by professional staff. 5. Bridge over Arney Lane: No new bridge is scheduled to be built over Arney Lane. Present culverts would be filled in and a paved road made to Arney Lane. 6. Fire concerns: From the Fire District's perspective, proposed roads would improve access. 7. Low-income housing: The complex is planned as a competitively priced apartment building. Federal subsidy allowance is unclear at this time. 8. Parking spaces for visitors: The plan is for typically designated spaces for visitors. Apartments are allotted two spaces, which are not always used. 9. Traffic Study: MacKenzie looks at what's being reported, and that's what is being presented at this meeting. The oral portion of the hearing was declared closed. The Chair entertained a motion to continue written testimony through August 8, after which time no further testimony will be received. The next Planning Commission meeting will be held on Thursday, August 10, for further discussion, deliberation and applicant rebuttal. 6 12 Adjournment Commissioner Comer moved to adjourn the meeting and Commissioner Corning seconded the motion. Th eting was adjourned at 10:22pm. APPROVED C, C I Charl p Date ATTEST Chris Kerr Date Community Development Director City of Woodburn, Oregon 7 13 WOODBURN PLANNING COMMISSION PUBLIC HEARING HEARING/MEETING August 10, 2017 CONVENED: The Planning Commission met in a public meeting session at 7 p.m. in the City Hall Council Chambers, with Chair Charles Piper presiding. ROLL CALL:. Chair Piper Present Vice-Chair Corning Present Commissioner Aiken Present Commissioner Ramirez Present Commissioner Comer Present Commissioner Dos Reis Present Commissioner Lassen Absent Excused Staff Present: Chris Kerr, Community Development Director McKenzie Granum, Assistant City Attorney Introduction Chair Piper opened the workshop/meeting at 7 pm, and led the Commissioners in the flag salute. Minutes None approved, since they were not received by the entire Commission.. Business from the Audience None Communication None. Public Hearing: Chair Piper explained public hearing procedures, • At this time, verbal testimony is closed. • Written testimony had been left open for people to write letters to the Planning Department. That portion closed on August 8, 2017. • Tonight, the applicant will orally rebut the written testimony. • The hearing will then be closed. • The PC will deliberate among themselves. 1 14 • Finally, the Planning Commission will vote on a recommendation to City Council, to be taken up in September. 9065 Arney Road ANX 2017-03; CU 2017-02; DR 2017-03; VAR 2017-03; RCWOD 2017-03; PLA 2017-04 - The applicant requests an annexation with a consolidated development review to permit a 300 unit multi-family housing development (Woodland Crossing) with an Recreational Vehicle (RV) storage area on a 39 acre property, located generally at the terminus of Arney Lane. Applicant: Brian Varricchione, MacKenzie, Land Use Planning, introduced himself and his colleague, Jennifer Danziger. Before the meeting, Ms. Danziger demonstrated flashing LED signage outdoors. Brian brought a letter from Mackenzie dated August 8, 2017, along with graphics illustrating his points, to the attendees' attention. Copies were provided for the attendees. Brian orally presented the letter's contents, referring to the graphics for clarification. At the end of his presentation, Mr Varricchione requested that the Planning Commission recommend approval to City Council. At this time, Chair Piper asked if there are any questions from the Planning Commission to the applicant. There were none. Chair Piper declared the public hearing closed. Mr. Potts made a motion to extend debate. Chair Piper found him out of order. Community Director Chris Kerr explained that the City Council would also have a public hearing when this project is referred to them. [20:28] PLANNING COMMISSION DISCUSSION AND DELIBERATION: General recap: Three main themes came up during the meeting: 1. Zoning of the property 2. Transportation: congestion, through-streets, impact on existing neighborhood 3. Environmental degradation Is this the right zoning for the property? Commission members debated as to whether this was the "right" zoning for this area, based on the limited access. They cited the neighboring community of single-family homes and the intrusion of traffic into the neighborhood via the proposed connection at Steven Street. Not only will the new residents of the multi-family housing be using existing 2 15 streets through the neighborhood, but it also creates a new route for users of the Company Stores. The Commissioners brainstormed ways to prevent that traffic from entering the existing community, including not allowing the connection to Steven Street, making Steven Street one-way or gating it. Will there be another crossing of the wetlands? One Commissioner expressed concern over the environmental degradation of the wetlands, asking if there will be a crossing across the wetlands and if an application been submitted. Chris Kerr, Community Development Director, explained that since there is already a connection at Arney Lane, there is no need for another, and that no application has been submitted to date. Sprague Lane will provide access to the southern area of the project. Will there be dedicated school bus stops with benches or shelters? Chris Kerr explained that there is no code requirement and the school district makes those decisions. Can I deny it because I'm not in favor of the zoning? McKenzie Granum, Assistant City Attorney, explained that there is a range of options for recommendations. The project cannot be sent back to the applicant at this time. It must be approved or denied for recommendation to City Council at this meeting. Conditions can be changed; or added that are reasonable. If the Commission chooses to deny, it must be with stated reasons. The project cannot be denied because of zoning, although annexation may be denied in the "best interest of the community." That may be included in recommendation to City Council. [35:48] Chris Kerr explained that the City constructed the Comprehensive Plan years ago, according to state mandated process. Every few years, the plan is reviewed and analyzed, looking at all the components: land use, the Urban Growth Boundary (UGB), buildable lands inventory, transportation, parks, water, sewer, storm water. All these long- range planning documents come together to form the Comprehensive Plan (In fact, the City currently has a grant to review and develop a Transportation System Plan). At that time, it was determined that Woodburn needed medium density housing, and that this was a good place for it. The Comprehensive Plan was approved by the Planning Commission and the City Council and acknowledged by the State. [51:34] Although the neighboring residents dislike the project, the project must be reviewed, and approved or denied based on what the application is asking. The Chairman pointed out that the owners of the project property have the right to use this property in this particular manner. The question was asked and affirmed that the Fire Department approved both access and safety. 3 16 Were alternate options explored in regards to connecting Arney Road with Steven Street? Would it be possible to connect Arney Lane with Sprague? At this time, testimony is closed, so Ms Granum cannot be consulted further, but Chris Kerr confirmed that the Planning Comm.ission wanted to investigate alternatives to limit access to the community to the west. He explained that the code requires two street access to developments over 24 units and that our policies encourage connections within the street network. A connection to Sprague Lane would require a crossing, which would significantly affect the wetland. He explained, "It would clearly violate our code... to cross a wetland when it's not necessary." Although a variance can be requested, the resulting connection would put more pressure on Robin Way, an already failing intersection. Chris Kerr also pointed out that there are intentional stub-outs from Woodland Road at Nekia Street, just north of the property line. The intention had always been to connect and extend Arney Lane to the west. The Planning Commissioners further debated to approve or deny based on this exact application. Commissioner Corning moved not to recommend approval for Woodland Crossing ANX 2017-03 as written, and request that City Council consider other options for street access for the property. [1:12:00] The motion was NOT seconded. Discussion to modify the motion [1:15:42] The Planning Commissioners asked for clarification of alternatives to accept with conditions or deny with reasons. McKenzie Granum explained that if the Planning Commission recommends a denial with reasons, they support denial. If the Planning Commission approves the project with conditions, there is room for the City Council to approve the project with or without conditions. The Planning Commission could deny because the traffic pattern is unacceptable, or the Planning Commission could approve with the condition that access through Steven Street is prohibited. Still, there would be the need for two ways in and out. Chris Kerr clarified that the Building code, which governs the Fire Department, requires two accesses for public safety. Good public policy suggests street connectivity is good for all sorts of reasons. The purpose of the Planning Commission came into question. What discretion do we have? 4 17 The Chair pointed out that wholesale change is the job of the City Council. The job of the Planning Commission is to review the Woodburn Development Ordinance (WDO), hold public hearings, and decide whether projects conform or not. If a variance is requested, the Commission can recommend it be granted. He reiterated that this project conforms to the WDO and it would be unfair to change the rules on the property owners. [1:28:40] Motion: Commissioner Comer called for the motion; Commissioner Corning seconded it. Chris Kerr read the revised motion to recommend that the Woodland Crossing proposal be denied as written, and for a revised traffic pattern to be developed that does not utilize the Steven Street access, due to the detrimental effect on the community of the traffic from the Company Stores and this development. [1:34:39] McKenzie Granum clarified: This is a vote to recommend a denial to City Council on the basis that the applicant revise the traffic pattern and develop a traffic pattern that does not utilize the Steven Street access, due to the detrimental effect of traffic from the Company Stores and this project that may occur on Woodland Avenue. Clarification: this is the motion to deny? [1:35:34] Aiken: No Comer: Yes Ramirez: Yes Dos Reis: No Corning: Yes Piper: No [1:37:30] Point of order: The Chair cannot break the tie, since he was part of the voting body.. The question was asked if anyone wanted to change his or her vote or rewrite the motion,. The issue at hand is access through Steven Street to Woodland Avenue. There was an offer to change approval with an addition of "must" rather than "recommend", as in, "must find transportation route other than Steven Street." That alternate route would likely end up going over or through the wetlands and is not fully supported by all. The Chair declared the prior motion dead [15:20:01]. 5 18 Discussion towards final motion: Commissioner Comer recommended approval based on accepting staff recommendations, which included: • Changes in wording that modifies conditions of the development, (item # 4, 5, and 8), in which the wording "Development" becomes "Building" in order to tie them to the multi-family development, rather than the RV storage. "Development permit" would thus become "building permit." • Recommendation on item # 9: implement that each owner has a choice in screening. • Item # 6: recommend paving to WDO standards (not gravel). • Ms. Granum's recommendation for signage from Item # 2 is to be accepted • Item # 6, alternative road cross-sections: option # 1 be accepted in order to increase the landscape strip on the side of the existing homes. [2:12:40] Chris Kerr reiterated a further condition that the applicant provide an alternate route to the development property other than Steven Street, due to the traffic impact from the outlet mall and proposed development on the existing community. [2:15:45] MOTION: The motion was made by Commissioner Comer and seconded by Commissioner Aiken. Read by McKenzie Granum.. "[Motion] to recommend approval on the Woodland Crossing annexation 2017-3 in its entirety, with the conditions provided in the staff report subject to changes to Conditions # 4 and # 8 being modified from development permit to building permit; With added conditions from the Ms. Granum's letter dated August 8, 2017 that would add conditions regarding signage: item # 2 in the letter, as well as additional landscape Item # 6, Option # 1; and With the additional condition from the Commission that the property shall be developed with an alternate route to the property other than Steven Street, due to traffic impacts and detrimental effects of the Company Stores and this project that would happen on Woodland Avenue." Aiken: yes Comer: yes Ramirez: yes Dos Reis: yes Corning: no Piper: no 6 19 Motion carries [2:19:25] The Chair thanked the people of West Woodburn for their participation and respectful attendance at this meeting. OTHER BUSINESS: Commissioner Dos Reis asked for clarification about ex-parte contact. Ms. Granum explained that any conversation with stakeholders should be revealed at the beginning of the meeting so that all Commissioners can make their decisions with the same complete information. UPDATES from staff: Chris Kerr mentioned that there is no quasi-judicial business for the next meeting, but September will be busy. Ms. Granum updated the Commission on the past legislative session in which the Senate and House passed a bill (which has not been signed by the governor) that essentially expedites certain kinds of housing, including low income. It also states that a city cannot deny Accessory Dwelling Unit (ADU) permits. Since Woodburn currently prohibits ADUs, once the bill is put into effect, the City will be on a 100-day clock to come up with their own rules. Portland is doing tours of ADUs in their city. There is a fee, but Chris Kerr explained that the City of Woodburn would pick up that cost. Staff will make recommendations in the fall. Adjournment The meeting was ad` r dt 9:30pm. APPROVED C Ch 6 r, C Date ATTEST 9 Chris K56U Date Community Development irector City of Woodburn, Oregon 7 20 9/19/2017 Woodburn Police Department MONTHLY ARRESTS BY OFFENSES 2017 Year to Date CHARGE DESCRIPTION Jan Feb Mar Apr May Jun Jul Aug Total AGGRAVATED ASSAULT 2 4 1 3 5 11 4 8 38 ANIMAL CRUELTY 0 1 0 0 0 0 0 0 1 ANIMAL ORDINANCES 0 0 1 2 0 2 1 2 8 ARSON 0 0 0 0 0 0 1 0 1 ASSAULT SIMPLE 10 5 13 10 12 7 13 18 88 ATTEMPTED MURDER 1 0 0 0 0 0 0 0 1 BURGLARY- BUSINESS 0 1 2 0 2 0 0 2 7 BURGLARY-OTHER STRUCTURE 0 1 1 2 0 0 0 0 BURGLARY- RESIDENCE 0 5 3 1 1 5 61 0 21 CHILD NEGLECT 0 1 1 0 0 1 0 01 3 CITY ORDINANCE 0 0 0 0 0 1 0 0 1 CRIME DAMAGE-NO VANDALISM OR ARSON 3 6 6 6 4 3 1 4 33 CURFEW 0 0 1 0 0 0 0 5 6 CUSTODY- DETOX 0 0 0 1 0 0 0 0 1 CUSTODY- MENTAL 0 5 3 6 4 5 4 4 31 DISORDERLY CONDUCT 7 33 4 11 10 1 10 7 83 DRIVING UNDER INFLUENCE 7 2 9 6 6 5 7 7 49 DRUG LAW VIOLATIONS 10 12 16 14 12 121 12 12 100 DWS/REVOKED-MISDEMEANOR 1 2 0 4 4 1 2 1 1 ELUDE 1 4 1 0 1 1 2 0 10 EM BEZZLEM ENT 0 0 0 0 0 0 1 0 1 ESCAPE FROM YOUR CUSTODY 2 0 0 0 0 0 0 0 2 FAIL TO DISPLAY OPERATORS LICENSE 0 1 2 0 0 1 0 1 FORCIBLE RAPE 0 0 1 0 0 0 2 1 4. FORGERY/COUNTERFEITING 0 0 0 0 0 0 3 0 3 FRAUD -CREDIT CARD/AUTOMATIC TELLER MACHINE 1 0 1 0 0 0 0 0 2 FRAUD -OF SERVICES/FALSE PRETENSES 0 2 0 0 0 0 0 0 2 FUGITIVE ARREST FOR ANOTHER AGENCY 35 26 39 49 38 26 27 25 26 FURNISHING 0 0 0 0 2 0 1 0 3 GARBAGE LITTERING 1 0 0 0 0 0 1 0 2 HIT AND RUN FELONY 0 0 0 1 0 1 1 0 3 HIT AND RUN-MISDEMEANOR 1 2 4 2 1 4 0 3 17 IDENTITY THEFT 1 0 0 0 0 0 1 0 2 INTIMIDATION /OTHER CRIMINAL THREAT 2 6 3 7 4 5 6 4 37 KIDNAP -FOR ADDITIONAL CRIMINAL PURPOSE 0 0 0 0 0 0 1 0 1 KIDNAP -HOSTAGE/SHIELD OR REMOVAL/DELAY WITN 0 0 0 0 1 0 0 0 1 MINOR IN POSSESSION 1 5 0 0 3 1 6 3 19 MOTOR VEHICLE THEFT 2 1 3 3 3 1 0 0 13 OTHER 5 5 7 5 2 0 4 1 29 PROPERTY RECOVER FOR OTHER AGENCY 0 0 0 1 0 0 0 0 1 RECKLESS DRIVING 2 1 5 2 4 3 1 1 19 RECKLESSLY ENDANDERING 2 2 3 1 2 1 1 2 1 RESTRAINING ORDER VIOLATION 0 1 1 1 2 0 1 3 9 ROBBERY- BUSINESS 6 0 0 0 0 0 0 0 6 ROBBERY-OTHER 0 0 0 0 4 4 0 0 8 ROBBERY- RESIDENCE 0 0 1 0 0 0 0 0 1 RUNAWAY 1 0 1 0 0 3 2 1 8 EX CRIME -CONTRIBUTE TO SEX DELINQUENCY 0 0 0 0 2 0 0 1 3 EX CRIME -EXPOSER 0 0 0 0 1 0 0 0 1 EX CRIME -FORCIBLE SODOMY 0 0 1 0 0 0 0 0 1 EX CRIME -INCEST 0 0 3 0 0 0 0 0 3 EX CRIME -MOLEST(PHYSICAL) 1 0 1 0 0 0 1 0 3 EX CRIME -NON FORCE SODOMY 01 0H00 0 0 0 1 1 EX CRIME -NON-FORCE RAPE 0 0 0 0 1 1 3 Page 1 of 2 21 9/19/2017 Woodburn Police Department MONTHLY ARRESTS BY OFFENSES 2017 Year to Date an Feb Mar Apr May Jun Jul Aug Total EX CRIME -PORNOGRAPHY/OBSCENE MATERIAL 01 0 0 0 2 0 0 0 2 EX CRIME -SEXUAL ASSAULT WITH AN OBJECT 0 0 1 0 0 0 0 0 1 TALKER 0 0 1 0 0 0 0 0 1 TOLEN PROPERTY- RECEIVING,BUYING,POSSESSING 4 0 0 0 0 0 0 0 HEFT- BICYCLE 0 0 0 0 0 0 1 0 1 HEFT- BUILDING 0 2 3 1 0 3 0 0 9 HEFT- FROM MOTOR VEHICLE 1 0 2 0 4 0 0 0 7 HEFT-OTHER 2 2 3 3 4 1 1 2 18 HEFT- PURSE SNATCH 3 2 0 0 0 0 1 0 6 HEFT-SHOPLIFT 11 2 4 4 4 2 5 6 38 RAFFIC VIOLATIONS 4 7 12 12 10 21 15 10 91 RESPASS 6 11 8 7 6 8 4 6 56 UNAUTHORIZED ENTRY INTO MOTOR VEHICLE 0 4 1 1 2 1 0 0 9 VANDALISM 0 4 1 1 3 4 7 8 28 VEHICLE RECOVERD FOR OTHER AGENCY 0 2 1 0 0 0 0 1 WEAPON -CARRY CONCEALED 0 0 2 0 1 0 0 3 6 WEAPON -EX FELON IN POSSESSION 2 0 2 0 0 0 0 1 WEAPON -POSSESS ILLEGAL 2 7 1 1 1 4 0 5 21 WEAPON -SHOOTING IN PROHIBITED AREA 2 0 0 01 01 01 1 0 3 Jan Feb Mar Apr May Jun Jul Aug Total 2017 Total 142 177 181 168 167 149 159 160 1,303 2016 Total 140 108 144 144 156 141 163 193 1189 2015 Total 206 157 155 187 166 249 200 139 1459 Arrests/Year 1600 1400 1200 y 1000 N `1 800 Q 600 400 200 0 2015 2016 2017 Year Page 2 of 2 22 9/19/2017 Woodburn Police Department MONTHLY CRIMINAL OFFENSES 2017 Year to Date CHARGE DESCRIPTION Jan Feb Mar Apr May Jun Jul Aug Total AGGRAVATED ASSAULT 3 5 1 7 4 11 5 10 46 ANIMAL CRUELTY 0 1 0 0 0 0 0 0 1 ANIMAL ORDINANCES 1 0 1 2 0 3 2 1 10 ARSON 0 0 1 0 2 0 2 0 ASSAULT SIMPLE 16 8 15 15 18 15 21 201 128 ATTEMPTED MURDER 1 0 0 0 0 0 0 0 1 BURGLARY- BUSINESS 5 2 7 6 6 5 3 1 3 BURGLARY-OTHER STRUCTURE 2 5 4 1 2 1 0 0 1 BURGLARY- RESIDENCE 4 4 5 6 5 4 11 5 4 CHILD NEGLECT 1 1 1 1 2 1 1 0 8 CITY ORDINANCE 0 1 0 0 0 2 0 0 3 COMPUTER CRIME 0 0 0 2 0 1 0 0 3 CRIME DAMAGE-NO VANDALISM OR ARSON 18 17 23 17 14 11 10 12 122 CRIMINAL MISTREATMENT 0 2 2 1 0 0 0 0 CURFEW 0 0 1 0 0 0 0 2 3 CUSTODY- DETOX 0 0 0 1 0 0 0 0 1 CUSTODY- MENTAL 1 6 3 6 4 5 4 5 3 DISORDERLY CONDUCT 7 11 10 13 14 6 10 7 78 DRINKING IN PUBLIC 0 0 0 0 0 1 0 0 1 DRIVING UNDER INFLUENCE 7 21 9 6 5 5 7 7 48 DRUG LAW VIOLATIONS 11 14 16 14 13 12 13 12 10 DWS/REVOKED- FELONY 1 0 0 0 0 0 0 0 1 DWS/REVOKED-MISDEMEANOR 1 2 0 4 4 1 3 1 16 ELUDE 4 7 1 1 1 3 3 0 20 EMBEZZLEMENT 0 0 0 1 0 0 1 0 2 ESCAPE FROM YOUR CUSTODY 1 0 0 0 0 0 0 0 1 FAIL TO DISPLAY OPERATORS LICENSE 0 1 2 0 0 1 0 1 FAILURE TO REGISTER AS SEX OFFENDER 0 1 0 0 0 0 0 0 1 FAMILY-OTHER 0 0 0 1 0 0 0 0 1 FORCIBLE RAPE 1 0 3 1 0 0 3 3 11 FORGERY/COUNTERFEITING 5 4 7 5 6 8 4 2 41 FRAUD-ACCOUNT CLOSED CHECK 2 0 0 0 2 1 0 0 FRAUD- BY DECEPTION/FALSE PRETENSES 3 3 3 5 3 2 2 3 2 FRAUD- CREDIT CARD/AUTOMATIC TELLER MACHINE 1 4 3 3 3 7 10 7 38 FRAUD- OF SERVICES/FALSE PRETENSES 1 31 0 2 0 2 0 0 8 FUGITIVE ARREST FOR ANOTHER AGENCY 30 22 31 32 29 22 24 24 21 FURNISHING 0 0 0 0 1 0 1 0 2 GARBAGE LITTERING 1 0 0 0 0 1 1 0 3 HIT AND RUN FELONY 1 1 0 2 0 1 0 1 6 HIT AND RUN-MISDEMEANOR 20 11 16 3 11 11 12 24 108 IDENTITY THEFT 5 6 4 7 6 7 10 5 50 INTIMIDATION /OTHER CRIMINAL THREAT 4 8 6 10 7 8 8 6 57 KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE 0 0 0 1 0 0 1 2 KIDNAP - HOSTAGE/SHIELD OR REMOVAL/DELAY WITNE 0 0 0 0 1 0 0 0 1 LIQUOR LAW-OTHER 0 0 0 0 0 0 1 0 1 MINOR IN POSSESSION 1 4 0 0 1 1 5 1 13 MISCELLANEOUS 15 11 10 10 22 14 16 11 109 MOTOR VEHICLE THEFT 18 14 15 7 17 9 9 7 96 NON CRIMINAL DOMESTIC DISTURBANCE 17 10 12 10 6 13 14 20 102 OTHER 8 5 7 6 2 1 5 1 3 PROPERTY- FOUND LOST MISLAID 2 2 1 1 0 5 2 1 1 PROPERTY RECOVER FOR OTHER AGENCY 1 1 0 0 2 2 0 0 6 RECKLESS DRIVING 2 2 6 3 3 3 2 2 23 RESTRAINING ORDER VIOLATION 0 2 5 1 2 0 2 4 16 ROBBERY- BUSINESS 4 0 1 0 0 0 0 0 ROBBERY- OTHER 1 1 1 1 3 1 2 2 12 ROBBERY- RESIDENCE 0 1 0 ol ol 0E- 0 2 3 Page 1 of 2 23 9/19/2017 Woodburn Police Department MONTHLY CRIMINAL OFFENSES 2017 Year to Date an Feb Mar Apr May Jun Jul Aug Total RUNAWAY 0 4 4 3 6 5 4 5 31 SEX CRIME - CONTRIBUTE TO SEX DELINQUENCY 1 0 0 0 1 1 0 1 SEX CRIME - EXPOSER 0 0 0 0 2 0 0 0 2 SEX CRIME - FORCIBLE SODOMY 1 0 2 0 0 0 0 0 3 SEX CRIME - INCEST 0 0 2 0 0 0 0 0 2 SEX CRIME - MOLEST (PHYSICAL) 2 2 5 3 4 0 4 2 22 SEX CRIME - NON FORCE SODOMY 0 0 0 0 0 0 0 1 1 SEX CRIME - NON-FORCE RAPE 1 0 0 1 1 0 1 2 6 SEX CRIME - OBSCENE PHONE CALL 1 0 0 0 0 0 0 0 1 SEX CRIME - OTHER 0 1 1 1 0 0 0 0 3 SEX CRIME - PORNOGRAPHY/OBSCENE MATERIAL 1 0 0 0 0 0 0 4 SEX CRIME - SEXUAL ASSAULT WITH AN OBJECT 0 1 1 0 0 0 0 0 2 STALKER 0 0 2 0 0 0 0 0 2 STOLEN PROPERTY- RECEIVING,BUYING,POSSESSING 4 1 0 0 0 2 2 0 9 SUICIDE 0 1 0 0 0 0 0 0 1 HEFT- BICYCLE 0 2 2 0 1 1 2 0 8 HEFT- BUILDING 7 10 7 5 11 6 4 2 52 HEFT- COIN OP MACHINE 1 0 0 0 1 0 0 0 2 HEFT- FROM MOTOR VEHICLE 9 9 16 17 9 10 10 5 8 HEFT- MOTOR VEHICLE PARTS/ACCESSORIES 1 1 0 0 1 1 1 1 6 HEFT- OTHER 20 15 8 25 24 22 20 26 160 HEFT- PICKPOCKET 0 0 0 1 0 2 0 0 3 HEFT- PURSE SNATCH 0 1 2 0 2 2 1 1 9 HEFT- SHOPLIFT 22 8 10 13 15 16 14 12 110 TRAFFIC VIOLATIONS 10 11 27 12 13 22 21 13 129 TRESPASS 6 6 7 7 8 5 5 7 51 UNAUTHORIZED ENTRY INTO MOTOR VEHICLE 4 2 6 14 10 10 9 9 6 UNLAWFULLY BEING WHERE MINORS CONGREGATE 0 2 0 0 0 0 0 0 2 VANDALISM 30 56 32 18 24 23 27 32 242 VEHICLE RECOVERD FOR OTHER AGENCY 3 21 5 2 0 1 0 2 1 WEAPON -CARRY CONCEALED 0 0 2 0 1 0 1 2 6 WEAPON - EX FELON IN POSSESSION 1 0 2 0 0 0 0 1 WEAPON - POSSESS ILLEGAL 3 6 1 2 1 5 0 5 23 EAPON -SHOOTING IN PROHIBITED AREA 1 1 0 0 1 1 1 2 7 Jan I Feb I Marl Apr IMayl Jun I Jul Aug Total 2017 Total 356 347 377 339 357 342 357 347 2,822 2016 Total 1 3001 2511 3171 2741 3631 2731 3111 328 2,417 2015 Total 1 3571 2701 2711 3091 2901 3591 3271 279 2,462 Offenses/Year 3200 2800 2400 W 2000 W 600 0 1200 800 400 0 2015 2016 2017 YEAR Page 2 of 2 24 Woodburn Police Department ORDINANCE VIOLATIONS 2017 Year to Date 9/12/2017 Ordinance Discription Jan Feb Mar Apr May Jun Jul Aug Total Animal Complaint 29 22 24 30 61 39 44 56 305 Ordiinance -Abate/Nuisances 0 0 1 0 1 3 1 3 9 Ordinance -Abandoned Vehicles 18 18 29 75 64 72 61 47 384 Ordinance -Abate Graffiti 13 26 15 14 8 11 3 11 101 Ordinance - Land Use Violations 0 0 3 1 3 1 2 0 10 Ordinance -Oth Violation 34 60 104 57 68 73 49 45 490 Ordinance -Tall Grass 0 0 0 0 85 85 15 8 193 2017 Total 94 126 176 177 290 284 175 170 1,492 2016 Total 122 159 131 106 239 200 181 159 1,297 2015 Total 125 125 149 120 250 185 162 141 1,257 Ordinance Violations / Code Enforcement Officers 1400 1200 i 1000 N Z p 800 F 0 600 % 400 200 0 2015 2016 2017 COMBINED TOTAL-CODE ENFORCEMENT OFFICERS Ordinance Violations / Year 1600 1400 i 1200 N 1000 Z O Q 800 600 � � , 400 200 0 2015 2016 2017 YEAR TOTALS FOR ALL OFFICERS 1 25 �'I'1 r I Iii♦ r} Y 9M& Its BU Pri,,�<;rrt rr rf aA'!87 September 25, 2017 TO: Honorable Mayor and City Council through City Administrator FROM: Chris Kerr, Community Development Director SUBJECT: Initiation of Legislative Amendments (LA 2017-02) RECOMMENDATION: Adopt the attached Resolution, initiating the consideration of legislative amendments to the Woodburn Development Ordinance (WDO). BACKGROUND: This past year's State Legislative Session saw the passing of Senate Bill 1051 , a legislative policy bill meant to spur development that will meet Oregon's housing needs. With the passage of SB 1051 , local jurisdictions must amend or modify their development codes so as to meet a variety of housing goals and policy standards, including: - Providing for expedited review of affordable housing permits; - Implementing clear and objective review standards for certain types of housing developments; - Allowing for accessory dwelling units in single-family neighborhoods; and - Allowing religious institutions to use their property to develop affordable housing. The key provisions of SB 1051 become operative July 1 , 2018, so changes to the City's WDO should be complete by that date. DISCUSSION: Areas of the WDO that will be reviewed against the requirements of SB 1051 will be wide-ranging and a number of reforms may be necessary to meet the standards required by the new legislation. However, the primary focus of these reforms will be on WDO 2.02—Residential Zones; WDO 2.05—Overlay Districts; WDO 2.06—Accessory Structures; WDO 2.07—Special Uses; WDO 4.01—Decision- Making Procedures; and WDO 4.02—Review, Interpretation and Enforcement. Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance_x- 26 Honorable Mayor and City Council September 25, 2017 Page 2 Primarily as part of this process, a number of workshops are expected to be held with the Planning Commission that will specifically discuss establishing development criteria for allowed accessory dwelling units within the single- family residential zone. Currently, the City's development code does not allow for accessory dwelling units within any part of the City. FINANCIAL IMPACT: This decision is not anticipated to have any significant impact. 27 COUNCIL BILL NO. 3040 RESOLUTION NO. 2102 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 in the City and clarifies those standards that are critical to the community as it continues to grow and prosper; WHEREAS, revisions and updates are necessary to ensure compliance with any newly implemented laws by the Oregon State Legislature; WHEREAS, the recently passed State Senate Bill 1051 amended provisions within ORS 197 (Comprehensive Land Use Planning) and ORS 227 (City Planning and Zoning), which now requires the City to amend Sections of the WDO in order to provide development criteria for expedited affordable housing projects and accessory dwelling units in residential zones; and WHEREAS, Section 4.01 .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 WOODBURN RESOLVES AS FOLLOWS: Section 1. Pursuant to Section 4.01 .09 of the WDO, the City Council initiates consideration of certain legislative amendments that will provide standards of development that meet State Legislative requirements mandated by SB 1051 . Approved as to form: City Attorney Date Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder Page 1 - Council Bill No. 3040 Resolution No. 2102 28 ATTEST: Heather Pierson, City Recorder City of Woodburn, Oregon Page 2 - Council Bill No. 3040 Resolution No. 2102 29 �'I'1 r I Iii♦ r} Y 9M& Its BU Pri,a�<;rrt rr rf aA'!R7 September 25, 2017 TO: Honorable Mayor and City Council through City Administrator FROM: Jim Row, Community Services Director Mel Gregg, Human Resources Director SUBJECT: Title VI Program RECOMMENDATION: It is recommended that the City Council adopt via resolution the updated Title VI Civil Rights Program for public transit programs, as required by the Federal Transit Administration. BACKGROUND: Any entity receiving federal dollars, either directly from the Federal Transit Administration (FTA) or through the Oregon Department of Transportation Rail and Public Transit Division (RPTD), must not discriminate based on factors which include, but are not limited to, race, color, national origin, religion, age, marital status, sexual orientation, gender, or disability status. Specifically, Title VI of the 1964 Civil Rights Act states: "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." Subject entities are required to adopt a Title VI Program meeting requirements established by the FTA every three years. The City last adopted a Title VI Program in June 2014 and must again do so by October 1 , 2017. DISCUSSION: In Accordance with Title VI of the Civil Rights Act of 1964, this Title VI Program reflects the Woodburn Transit System's commitment to ensuring that no person shall, on the ground of race, color, national origin, religion, age, marital status, Agenda Item Review: City Administrator_x City Attorney_x_ Finance—x- 30 Honorable Mayor and City Council September 25, 2017 Page 2 sexual orientation, gender, or disability be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity provided by the Woodburn Transit System (WTS). Highlights of the Program include the following items: 1 ) A copy of the required Title VI public notice and a list of where the notice is located. 2) Instructions to the public regarding how to file a Title VI discrimination complaint, including a copy of the complaint form. 3) A list of any public transit-related investigations, complaints or lawsuits since the time of the last submission. 4) A public participation plan that includes an outreach plan to engage minority and limited English proficient populations, as well as a summary of outreach efforts made since the last Title VI Program submission. 5) A copy of the plan for providing language assistance to persons with limited English proficiency. 6) A description of efforts made to encourage the participation of minorities on such committees or councils. 7) Service standards for a fixed route. a) Vehicle headways and periods of operations b) On-time performance standards c) Service availability standards. FINANCIAL IMPACT: No additional direct cost to the City related to the requirements of the Title VI Program is anticipated. 31 COUNCIL BILL NO. 3041 RESOLUTION NO. 2103 A RESOLUTION ADOPTING THE UPDATED WOODBURN TRANSIT SYSTEM TITLE VI PROGRAM WHEREAS, any entity receiving federal dollars, either directly from the Federal Transit Administration (FTA) or through the Oregon Department of Transportation Rail and Public Transit Division must not discriminate based on factors which include, but are not limited to, race, color, national origin, religion, age, marital status, sexual orientation, gender, or disability status; and WHEREAS, subject entities are required to adopt and submit a Title VI Program meeting requirements established by the FTA every three years; and WHEREAS, the City of Woodburn previously adopted a Title VI Program on June 30, 2014; NOW THEREFORE, THE CITY OF WOODBURN HEREBY RESOLVES AS FOLLOWS: Section 1. The updated Woodburn Transit System Title VI Program, dated September 25, 2017 and attached hereto as Exhibit "A", is hereby adopted. Approved as to form: City Attorney Date 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. 3041 RESOLUTION NO. 2103 32 Exhibit A ,gyp q. WOODBURN S1 /` »uu a u»uri 01lIlr" r //fig �JJJJ ' �irrrrlr ailf �, S S ui1 w�a e ((111111 /i/i �i�aIIIJJJIJ , � Illll. Illll Woodburn Transit System Title VI Program September 25, 2017 City of Woodburn Woodburn Transit System 270 Montgomery Street Woodburn, Oregon 97071 33 Exhibit A Table Of Contents Introduction..............................................................................................................................................................................3 PolicyStatement.....................................................................................................................................................................3 TitleVI Notice to the Public...............................................................................................................................................3 TitleVI Complaint Procedures..........................................................................................................................................3 Record of Title VI investigations, Complaints, or Lawsuits....................................................................................5 Minority Representation on Non-elected Bodies.........................................................................................................5 TitleVI Public Participation Plan.....................................................................................................................................6 Summary of Ongoing Public Participation Efforts and Outreach...........................................................................6 Woodburn Transit System Limited English Proficiency Outreach Plan..............................................................6 Primary recipients and monitoring sub recipients........................................................................................................8 TitleVI equity analysis........................................................................................................................................................8 ServiceStandards...................................................................................................................................................................9 AttachmentA........................................................................................................................................................................11 AttachmentB........................................................................................................................................................................13 2 34 Exhibit A Introduction This program reflects the Woodburn Transit System's commitment to ensuring that no person shall, on the ground of race, color, national origin, religion, age, marital status, sexual orientation, gender, or disability be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity provided by the Woodburn Transit System (WTS). Policy Statement It is the express policy of the WTS that no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under, any of its programs or activities on the grounds of race, color,national origin, sex, age, disability, or income, as provided by Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987, the Federal Aid Highway Act of 1973, Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973,Executive Order 12898 and Executive Order 13166. Mel Gregg, Human Resources Director is the Title VI Coordinator for WTS, and can be reached at(503) 982-5231 by phone; at mel. rregg&6woodburn.or.us by email; or at 270 Montgomery St, Woodburn, OR 97071 by post. Title V1 Notice to the Public The Title VI Notice to the Public can be found in Attachment A and will be posted at the Woodburn Transit office, on the Woodburn Transit webpage, and on board buses operated by Woodburn Transit System. The notice is provided in both English and Spanish. Title V1 Complaint Procedures Complaints alleging discrimination which is prohibited under Title VI of the Civil Rights Act of 1964 shall be filed in accordance with the following procedure. The following procedures cover all complaints arising under Title VI. Every effort will be made to obtain early resolution of complaints at the lowest level possible. The option of informal meetings between the Title VI Coordinator and affected parties may be utilized for resolution. These procedures do not deny the right of the complainant after completion of the Title VI complaint process to file a complaint with state or federal agencies or to bring a private action based on the complaint. 1. Any person who believes he or she, individually, as a member of any specific class, or in connection with any disadvantaged business enterprise, has been subjected to discrimination prohibited by federal law, may file a complaint with the WTS. A complaint may also be filed by a representative on behalf of such a person. All complaints will be referred to Title VI Coordinator for review and action. 3 35 Exhibit A 2. In order to have the complaint considered under this procedure, the complainant must file the complaint no later than 180 days after: a) The date of alleged act of discrimination; or b) Where there has been a continuing course of conduct, the date on which that conduct was discontinued. In either case, WTS may extend the time for filing or waive the time limit in the interest of justice, as long as WTS specifies in writing the reason for so doing. 3. Complaints shall be in writing and shall be signed by the complainant and/or the complainant's representative. Complaints shall set forth as fully as possible the facts and circumstances surrounding the alleged discrimination. In the event a person makes a verbal complaint of discrimination to an officer or employee of WTS, the person shall be interviewed by the Title VI Coordinator. If necessary, the Title VI Coordinator will assist the person in reducing the complaint to writing and submit the written version of the complaint to the person for signature. The complaint shall then be handled according to WTS's investigative procedures. The complaint may be filed in writing with WTS at the following address: Woodburn Transit System Human Resources Director 270 Montgomery Street Woodburn, OR 97071 503-982-5265 mel. reggLa)ci.woodbum.or.us 4. Within 10 days, the Title VI Coordinator will acknowledge receipt of the allegation, will determine if the City has jurisdiction over the complaint, whether the complaint is complete and if additional information is needed, inform the complainant of action taken or proposed action to process the allegation, and advise the complainant of other avenues of redress available, such as the Oregon Department of Transportation (ODOT) and U.S. Department of Transportation(USDOT). 5. The Title VI Coordinator will advise ODOT and/or USDOT within 10 days of receipt of the allegations. Generally, the following information will be included in every notification to ODOT and/or USDOT: a) Name, address, and phone number of the complainant. b) Name(s) and address(es) of alleged discriminating official(s). c) Basis of complaint(i.e.,race, color,national origin, or sex) d) Date of alleged discriminatory act(s). e) Date complaint received by the recipient. f) A statement of the complaint. 4 36 Exhibit A g) Other agencies (local, state, or Federal)where the complaint has been filed. h) An explanation of the actions WTS has taken or proposed to resolve the issue in the complaint. 6. Within 60 days, the Title VI Coordinator will conduct an investigation of the allegation and based on the information obtained, will render a recommendation for action in a report to the Woodburn City Manager. The report of will include identification of persons interviewed, findings,informal means of resolution attempted and results of such and recommended disposition. The Title VI Coordinator will provide City's investigative report and determination of appropriate action to ODOT and/or USDOT. 7. Within 90 days of receipt of the complaint, the Title VI Coordinator will notify the complainant in writing of the final decision reached, including the proposed disposition of the matter. The notification will advise the complainant of his/her appeal rights with ODOT, or USDOT, if they are dissatisfied with the final decision rendered by WTS. 8. Contact information for the state and federal Title VI administrative jurisdiction is as follows: ODOT Public Transit Division 555 13th Street NE Salem, OR 97301 503-986-4305 503-986-4189 fax Federal Transit Administration Office of Civil Rights Attention: Title VI Program Coordinator East Building, 5th Floor—TCR 1200 New Jersey Avenue, SE Washington, DC 20590 Record ofTitle V1 investigations, Complaints, or Lawsuits The City of Woodburn will maintain a list of any and all transit related Title VI investigations, complaints, and lawsuits. The list shall be kept and maintained at the Woodburn City Hall located at 270 Montgomery Street, Woodburn, OR 97071. Minority Representation on Non elected Bodies At this time, the WTS does not have any non-elected bodies, committees, or councils of which it must report racial membership rates. If the Transit system develops any non-elected bodies the City will encourage the participation of minorities in proportion to the minority makeup of the service area. Additionally, the City will maintain a table documenting the racial makeup of membership of such committees. 5 37 Exhibit A Title VI Public Participation Plan The WTS shall strive to include minority and LEP (Limited English Proficiency) individuals in its decision making processes. This includes outreach to minority groups in Woodburn and the surrounding area. Surnmary of Ongoing Public Participation Efforts and Outreach In accordance with Oregon public meetings law, all public meetings, including budget committee and City Council meetings where resource allocation and transportation planning discussions and actions are taken, are open to the general public. Accommodations are available for those with limited English proficiency if requested in advance of the meeting. Passenger Surveys WTS conducts onboard rider and general awareness surveys occasionally,in both English and Spanish. Bilingual Outreach The City maintains a list of fluent Spanish-speaking employees, and can contract for Spanish interpreters, if necessary. Additionally,the City's Outreach Coordinator has responsibility for coordinating the City's communication and outreach activities with the Spanish speaking population. Phone Access A bilingual transit office clerk is available to communicate with Spanish speaking individuals who call for information and/or service. Schedules translated in Spanish The current service schedule includes a Spanish section. New service schedules will be provided in English and Spanish and made available via paper brochures and on the WTS website. Woodburn Transit Systern Limited English Proficiency Outreach Plan WTS is required to take responsible steps to ensure meaningful access to the benefits, services, information and other important portions of our programs and activities of individuals who are Limited English Proficient (LEP). WTS consulted the USDOT's LEP Guidance and performed a four factor analysis of our contact with the public to determine the appropriate mix of LEP services to offer. Four Factor Analysis: Factor 1: The number or proportion of LEP persons in the service area. Step 1: Prior experience with LEP individuals. Over the past year, our dispatchers have taken approximately3 calls per week from LEP persons which have required the use of an interpreter. 6 38 Exhibit A Step 2: Data was gathered from the following sources to identify information on persons who speak languages other than English at home and those who speak English less than well or not at all and would be classified as Limited English Proficient or"LEP": a.U.S. Census Bureau's American Community Survey-American Factfmder data A review of the 2015 American Community Survey data(http://factfinder.census.gov) on the numbers of limited English proficient or LEP persons revealed that in Woodburn, Oregon the number of people over age 5 who speak a language other than English at home was 58.5% of the total population 5 and over in Woodburn. For population of all citizens 18 and over, those who speak a language other than English at home is 32.6%. 4The same data shows that 48% of the Woodburn population over age 5 speak English less than "very well." For population over 18, this percentage is 28.9%. The data indicates the most common language other than English spoken at home for population over 5 is Spanish, with 52.4% and 32.6% for population over 18. (Source: American Community Survey, 2011-2015 American Community Survey 5-Year Estimates, 51601, Woodburn, Oregon). Factor 2: The frequency with which LEP individuals come into contact with the service. Woodburn Transit serves LEP persons daily through transit and paratransit services. Over the past year, our dispatchers took approximately 3 calls per week from LEP persons which have required the use of an interpreter. Factor 3: The importance of the service to LEP persons. Woodburn Transit provides important transit services to the public through its fixed route and complementary paratransit programs. Woodburn Transit is one of a few public transportation providers that serve the City of Woodburn and provides a link between residential areas, commercial centers, healthcare facilities, educational campuses, and social service offices. Language barriers would most affect users of the complementary paratransit system as reservations for the system are taken via telephone. The complementary paratransit portion of Woodburn Transit provides approximately 15% of the total rides provided through the Woodburn Transit System. Factor 4: The resources available to the recipient of the federal funds to assure meaningful access to the service by LEP persons WTS currently provides some information in Spanish through bus schedules, the transit website, and information on the buses. The City of Woodburn maintains a list of employees who are fluent in Spanish and other languages, and professional translation services are available if required. WTS also contracts with "language line"to assist LEP individuals with phone inquiries. Processes for providing lan2ua2e assistance services by language Based on the four factor analysis, WTS recognizes the need to continue providing language services. A review of WTS relevant programs, activities and services that are being offered by the City as of June 2017 include: o If a bi-lingual employee is unavailable, the City has a contract with the translation service "Language Line"for phone calls taken from LEP individuals o Spanish speaking translators who work for the City are available upon request during normal business hours o Route and schedule information are available in Spanish on the Woodburn Transit website o Community surveys are available in Spanish language 7 39 Exhibit A Based on the demand for alternate language services, and considering the limited budget of the Woodburn Transit programs, other activities and services that will be developed in the next three years include: o Transit surveys conducted by Woodburn Transit will be available in Spanish o Future route maps will be available in both English and Spanish o Bilingual employees will continue to be available to provide written and verbal translation services Woodburn Transit's outreach and marketing initiatives have yielded a list of community organizations that serve populations with limited English proficiency. The following list of community organizations will be contacted to assist in gathering information and see what services are most frequently sought by the LEP population: • Woodburn Public School District • Hispanic Advisory Council • Woodburn Area Chamber of Commerce Providing notice to LEP's of lan2ua2e assistance Notice will be placed on the transit buses, transit website, and on the bus schedules, and brochures announcing the availability of Language assistance. Monitoring, evaluating and updating LEP Woodburn Transit staff will contact the community organizations that serve LEP persons, as well LEP persons themselves, and also perform a four factor analysis every three years to identify what, if any, additional information or activities might better improve transit services to assure non-discriminatory service to LEP persons. WTS will then evaluate the projected financial and personnel needed to provide the requested services and assess which of these can be provided cost-effectively. Training Employees Woodburn Transit will train all employees, staff and volunteers to proficiency regarding the need and availability of language assistance to LEP individuals who use the service. Employees will be encouraged to use the services provided when contact with LEP individuals prevents or hinders communication. This training will be provided at least annually. Primary recipients and monitoring sub recipients Currently the City of Woodburn is not a primary recipient of FTA funds and does not have any sub- recipients. Title VI equity analysis There are no current planned facilities or construction projects that require a Title VI equity analysis. 8 40 Exhibit A Service Standards Vehicle Load for Each Mode Standard (expressed as a ratio) The peak-hour vehicle load standards by mode for Woodburn Transit System are: Vehicle Load Standards are expressed as a ratio. (A 40 passenger bus that allows 12 standees would have a load standard of 1.3) Fixed Route (35 passenger bus) 1.2 Paratransit(8 passenger van) .75 Demand Response (8 passenger van) .75 Demand Response (4 passenger van) .5 Vehicle Headway for Each Mode (Time between vehicles on same route) Fixed Route (35 passenger bus) 1 hour Paratransit(8 passenger van) n/a Demand Response (8 passenger van) n/a Demand Response (4 passenger van) n/a On Time Performance for Each Mode May Run Early On-time Consideration (yes/no) Fixed Route (35- NO <10 minutes behind passenger bus) Paratransit(16 YES (+or—) 15 minutes passenger van) Demand Response YES (+or—) 15 minutes (16 passenger van) Demand Response YES (+or—) 15 minutes (4 passenger van) Service Availability for Each Mode The Woodburn Transit System provides equitable service availability to customers within the service area. Distribution of Transit Amenities for Each Mode The Woodburn Transit System has a policy to distribute transit amenities equally across the system. Any new amenities will be distributed equally across the system without regard to race or national origin of users from that service area. This applies to: 9 41 Exhibit A • Seating and benches at stops and stations • Bus shelters • Provision of information including maps,route maps, and schedules • Waste receptacles. Vehicle Assignment for Each Mode The Woodburn Transit System sets a policy of vehicle assignment for each mode without regard to race, color, national origin, religion age, marital status, sexual orientation, gender, or disability of users from that service area. Woodburn Transit will assign vehicles with higher capacity to routes with higher ridership. Age of the vehicles will only be considered a factor when assigning vehicles to routes. 10 42 Exhibit A ttachrnent Notifying the Public of Rights under Title VI City of Woodburn, Oregon • The City of Woodburn operates its programs and services without regard to race, color and national origin in accordance with Title VI of the Civil Rights Act of 1964. Any person who believes they have been aggrieved by any unlawful discriminatory practice under Title VI may file a complaint with the City of Woodburn. • For more information on the City of Woodburn's Civil Rights Program and/or the procedures for filing a complaint, contact Mel Gregg, Human Resources Director at(503) 982-5231 or mel. rreeggci.woodbum.or.us or visit Woodburn City Hall at 270 Montgomery St, Woodburn, OR 97071. • A complaint may also be filed directly with the Federal Transit Administration's Office of Civil Rights at: Federal Transit Administration Office of Civil Rights Attention: Title VI Program Coordinator East Building, 5th Floor—TCR 1200 New Jersey Avenue, SE Washington, DC 20590 • If information is needed in another language,please contact the City of Woodburn's community outreach office at(503) 982-5388. Notificaci6n al Publico bajo Los Derechos de Titulo VI Ciudad de Woodburn,Oregon • Los programas y servicios de la Ciudad de Woodburn funcionan sin ninguna consideraci6n por motivos raciales, de color y origen nacional de acuerdo con el Titulo VI de los Derechos Civiles de 1964. Alguna persona que cree que fue ofendido de una practica discriminatoria ilegal baj o este Titulo VI puede presentar una queja con la Ciudad de Woodburn. • Para mas informaci6n tocante el Programa de Derechos Civiles de la Ciudad de Woodburn y/o para saber el proceso de presentar una queja, comuniquese con Mel Gregg, Director de Recursos Humanos al(503) 982-5231 o por correo electr6nico al mel.�Neggc)ci.woodburn.or.us o visitenos en el Ayuntamiento de la Ciudad al 270 Montgomery St, Woodburn, OR 97071. • Una queja tambien se puede presentar con las Oficinas de Derechos Civiles de la Administraci6n Federal de Transito al: Oficinas de Derechos Civiles de la Adininistracion Federal de Transito Atentamente: Coordinador del Programa Title VI East Building, 5th Floor TCR 11 43 Exhibit A 1200 New Jersey Avenue, SE Washington, DC 20590 • Si necesita la informacion en otra idioma por favor comuniquese con la oficina del Agente Comunitario al 503-982-5388. 12 44 Exhibit A Attachment City of Woodburn Title VI Complaint Form Name: Address: City: State: Zip Code: Telephone Number: Were you discriminated against because of your: ❑ Race/Ethnicity ❑ National Origin ❑ Gender ❑ Religion ❑ Age ❑ Disability ❑ Other: To your best recollection, date and time of alleged incident: Explain as clearly as possible what happened and how you were discriminated against. Indicate who was involved and if applicable, the transit route and vehicle. Be sure to include the names and contact information of any witnesses. If more space is needed,please use additional pages. Have you filed this complaint with any other federal, state or local agency or with any court?❑ Yes ❑ No 13 45 Exhibit A If yes, check and identify all that apply: ❑ Federal Agency ❑ Federal Court ❑ State Agency ❑ State Court ❑ Local Agency Please provide information for a contact person at the Agency or Court where the complaint was filed. Name: Address: City, State, & Zip Code: Telephone Number: Please sign below (We cannot accept unsigned complaints). You may attach any additional written materials or other information you believe is relevant to your complaint. Signature Date Please mail this form to: Human Resources Director City of Woodburn 270 Montgomery St Woodburn, OR 97071 14 46 JL/ URN September 25, 2017 To: Honorable Mayor and City Council through City Administrator From: Chris Kerr, AICP, Community Development Director Colin Cortes, AICP, CNU-A, Senior Planner Subject: Call-up Review Briefing: Planning Commission Approval of a Design Review for a Commercial Retail Building with Variances at 1299 N. Pacific Hwy (DR 2017-04; VAR 2017-04; VAR 2017-07) RECOMMENDATION: Staff recommends no action. This item is placed before the Council as a call-up review briefing in compliance with Woodburn Development Ordinance (WDO) Section x.02.02. The Council may call up this item for review if desired. BACKGROUND: The site is located at the west/southwest corner of N. Pacific Highway / U.S. 99E and Alexandra Avenue. Approximately 0.96 acres and zoned Commercial General (CG), it had a vacated McDonald's fast food building, now demolished. The proposal is to redevelop the site into a commercial retail building of 6,912 square feet of gross floor area with related improvements intended for Advance Auto Parts. The two variances accompanying the design review relate to the requirement for screening between zones and uses (at the west/northwest property line in the form of a 6-foot masonry wall; VAR 2017-07) and the standards for maximum exterior illumination (VAR 2017-04). The Planning Commission held a public hearing on September 14, 2017 and unanimously approved the design review with conditions recommended by staff. The applicant gave the only public input on the proposal. Images are below. FINANCIAL IMPACT: Staff anticipates no direct public sector financial impact by the decision. 47 Honorable Mayor and City Council September 25, 2017 Page 2 Ij Zoning Map Excerpt Alexandra Ave h e� e�fCr;,mmirv� d�Gxnaur r'.n �N'Irt �" � `mu¢rw wUrc9.uamxe i r A �+wMw � � •� ��,' K w� J� °�� ,�.�w ... .....� ...."`,"'��p.r'auq�urc�urir��uu,�w��„��I�"v,��J�rtr,wd��¢��, W orw Cd wKa.rra, ym, r.�a PROPOSED kr” w n wmr x.e w� d .�rw.nu U Ae r�ry nu r�.m.�ereuro'ry,a �i Y RETAIL I 6,9125F Pc 1 � r i n F 1112 5 �� a d, C, M'nnm N., Excerpt of Landscape Concept 48