Ord. 2561 - LA 2018-01 Amending WDO Sect. 3.09.06 COUNCIL BILL NO. 3075
ORDINANCE NO. 2561
AN ORDINANCE AMENDING WOODBURN DEVELOPMENT ORDINANCE (WDO)
SECTION 3.09.06 PLANNED iUNIT DEVELOPMENTS (LA 2018-01)
WHEREAS, on May 14, 2018, the Council in conformance with WDO
4.01,.09A., initiated this amendment via Resolution No. 2114; and
WHEREAS, WDO 3.09.06 was determined to be inconsistent with the
purposes and intent set out for PUDs in the WDO and Policy Table I of the
Comprehensive Plan which regulates residential density; and
WHEREAS, on June 14, 2018, the Planning Commission in conformance
with WDC 4.01 .09B. and 4.01 .10B. held a public hearing and recommended
approval of this amendment; and
WHEREAS, on July 19, 2018, the City Council held a public hearing and
requested this Ordinance effecting the amendment (LA 2018,-01); NOW,
THEREFORE,
THE CITY OF OO BURN ORDAINS AS FOLLOWS:
Section 1. For purposes of this ordinance amendment, all new text is
shown as underlined (i.e. new text) and all deleted text is shown as stricken
(i.e, deleted feA). After this ordinance amendment is adopted, the
Community Development director shall correct the WDO to incorporate all
revisions contained herein.
Section 2. The WDO is amended as specified in Exhibit A which is
attached hereto and incorporated herein.
Section 3. The legislative action taken by the Ordinance is explained
and justified by the findings and analysis in Exhibit B which is attached hereto
and incorporated herein.
Approved as to form:
City Attorney
Appr ved-
Page - I - Council KI No. 3075
Ordinance No. 2561
Kathryn Figley, Mayor
Passed by the Council JULU ;ox
Submitted to the Mayor lu
Approved by the Mayor C
Filed in the Office of the Recorder
ATTEST:
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page W 2 - Council Bill No. 3075
Ordinance No. 2561
Exhibit A
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F. If the PUD plan proposes stormwater mitigation measures that exceed minimum City
standards by at least 25 percent,the Commission may allow up to an additional 10 percent
of the density to be transferred, upon a recommendation by the Public Works Department.
G. If the PUD plan proposes other environmental, sustainability, or architectural enhancements,
the Commission may allow up to an additional 10 percent of the density to be transferred,
commensurate with the amount, quality, and community benefit of the enhancements. Such
enhancements may include, but are not limited to, solar heating or electrical generation,
community gardens, public art, mitigation of off-site stormwater, and greywater diversion.
3.09.04 Conceptual Development Plan
A. PVDs require both a Conceptual Development Plan and a Detailed Development Plan.
These reviews may be accomplished sequentially or as a consolidated review, at the
applicant's discretion.
B. A Conceptual Development Plan shall include drawings and a narrative describing the
surrounding neighborhood, existing site conditions, general development areas, phasing,
land uses, building envelopes, architectural theme, landscaping and buffering, streets,
bicycle and pedestrian circulation, common areas, utility locations, sign theme, and other
information the Director may deem necessary to convey the concept plan.
3.09.05 Detailed Development Plan
A. PUDs require both a Conceptual Development Plan and a Detailed Development Plan.
These reviews may be accomplished sequentially or as a consolidated review, at the
applicant's discretion.
B. No building, grading, access, or other development permit may be issued until a Detailed
Development Plan has been approved for at least one phase of the project.
C. Buildings shown on a Detailed Development Plan are exempt from Design Review if they
are in substantial conformity to the Detailed Development Plan (see Section 3.07.01.B).
D. A Detailed Development Plan shall include drawings and a narrative sufficient to
demonstrate compliance with the Conceptual Development Plan and any conditions of
approval previously imposed. A Detailed Development Plan shall provide specific
information regarding the site layout, architecture, and proposed amenities. A Detailed
Development Plan that proposes land uses not in the Conceptual Development Plan or that
deviates by more than ten percent from any development standard in the Conceptual
Development Plan for any phase, or that does not meet the standards of this Section shall not
be approved. The applicant may request that the decision-maker approve such a plan as an
amended Conceptual Development Plan.
3.09.06 Development Standards
A PUD is intended to allow flexibility in the development standards of Sections 1€i?..through
2.1'4 and 3.01 through 3.10. The Detailed Development Plan may propose modified standards
Woodburn Development Ordinance Section 3.09 Page 170
Exhibit A
Page 2 of 2
without a separate Variance. Any standard that is not proposed for modification shall apply to
the PUD, The development standards stated below shall not be modified through the PUD
process.
A. Common area and density shall comply with Table 3.09A.
Common Area and Density Standards for Planned Unit Developments
Table 3.09A
Transfer Residential Mixed-Use
of Density
Common Four or fewer dwelling units All undevelopable site area
Area, Five or more dwelling units, 30 percent of gross site area, including all
Minimum or nonresidential uses undevelopable site area
Improved Four or fewer dwelling units None
Common Five or more dwelling units 100 square feet per dwelling unit
Area,
Minimum Nonresidential uses None None None
Residential Density, Minimum (units per net
acre) rr.AA.tt_))tt to e ( v 1. �Iwnsi e Plan a
' p�4d t.46�4t£ry9f Ei.� €.61� 6,.,,`h'i f� JB -.....
Residential Density, Maximum (units per net Not specified
acre)
1. At least one common area shall be sized to accommodate a circle 25 feet in diameter.
2. In residential zones only. There is no minimum for non-residential zones.
3. Child care facility for 13 or more children, group home for six or more persons.
4. The maximum density is determined by setbacks, off-street parking, open space, and other
requirements. Pursuant to t"o m rQhe siye Plan Polio-Table L Note{po 7),,alit:;wab
j€ :sitic z be incretlsed ��(..; :):)��1���vt; tl��..���axii�9c���i( ) €>l"t��c base Zone.(";)
B. improved Common Area
1. Common areas are deemed improved if they are provided with benches, playground
equipment, gazebos, picnic facilities, or similar amenities. Lawn area by itself does not
constitute improvement. Trails or paths do not constitute improvement, unless they
connect to the public trail system.
2. Common meeting or recreation rooms are deemed to be improved common areas.
3. Improved common areas are subject to the performance guarantee provisions of Section
4.02.08.
C. Streets
1. A PUD shall conform to and, where possible, enhance existing or planned vehicle,
pedestrian and bicycle networks, including connections and functionality. Note: See
Woodburn Development Ordinance Section 3.09 Page 171
Exhibit B
Page I of 8
Analyses & Findings
This attachment to the staff report analyzes the application materials and finds through
statements how the legislative amendment relates to and meets applicable provisions.
Symbols aid locating and understanding categories of findings:
Symbol Category Indication
Requirement (or guideline) met No action needed
Requirement (or guideline) not met Correction needed
Requirement (or guideline) not applicable No action needed
Other special circumstance benefitting from
Revision needed
attention
Section references are to the Woodburn Development Ordinance
ce WD .
La 2018-01
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Exhibit B
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Legislative Amendment Provisions
Background
1.05.036. establishes that the Planning Commission recommends to the City Council on
proposed or revised ordinances relating to the regulation of land use.
A brief WDO history:
• in 2002,the Council first adopted the WDO on April 9 via Ordinance No. 231.3.
• In 2007,the Council first amended the WDO on July 28 via Ordinance No. 2423.
• In 2017,the Council adopted on January 9 the thirteenth and most recent amendment
via Ordinance No. 2544.
i.01.01B. outlines the purpose of the WDO.
A useful and best urban planning practice particular to Oregon is dividing types of reviews and
decisions relating to planning, land use, and zoning into several types designated by Roman
numeral. Local governments tweak the exact terms of the basic types, and in Woodburn there
are five types,Types I through V.
The spectrum spans reviews and decisions that are simple, low-level, narrow, and
straightforward --having "clear and objective" provisions—up to things that are complex, high-
level, broad and open-ended—having "discretionary" provisions. It spans staff decisions on
permits up to Council adoption of major• policy decisions. WDO Sections 4.01 and 5.01 through
5.04 describe the types.
Legislative Amendment Provisions
4.01 Decision-Making Procedures
4.01.02E.Type V Decisions (Legislative):Type V decisions involve legislative actions where the City
Council enacts or amends the City's land use regulations, comprehensive plan,Official Zoning Map or
some component of these documents.Type V decisions may only be initiated by the City Council.The
Planning Commission holds an initial public hearing on the proposal before making a recommendation
to the City Council.The City Council then holds a final public hearing and renders a decision. Public
notice is provided for all public hearings (Section 4.01.14).The City Council's decision is the City's final
decision and is appealable to LUBA within 21 days after it becomes final.
LA 2018-01 Staff Report
Attachment 102
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Exhibit B
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4.01.09 Initiation of a Legislative Proposal
A.The City Council may initiate the consideration of a legislative decision by resolution.
B.Actions initiated by the Council shall be referred to the Planning Commission for a public hearing
and recommendation to the Council.
4.01.17 Types of Decisions
Type V Legislative Decisions(Legislative):Type V decisions involve legislative actions where the City
Council enacts or amends the City's land use regulations, comprehensive plan,Official Zoning Map or
some other component of any of these documents where changes are such a size,diversity of
ownership or interest as to be legislative in nature under State law. Large-scale annexations are
included, as well as adopting or amending the Comprehensive Plan or the Woodburn Development
Ordinance.The Planning Commission holds an initial public hearing on the proposal prior to making a
recommendation to the City Council.The City Council then holds a final de novo public hearing and
makes the City's final decision. Public notice is provided for all public hearings.The City Council's
decision is the City's final decision and is appealable to LUBA within 21 days after it becomes final.
A legislative amendment to the WDO is a Type V decision.
The Council initiated consideration of the proposed legislative amendment on May 14, 2018 via
Resolution No. 2114.
Staff completed the public notices for the Commission hearing date of June 14, 2018,
specifically a newspaper ad in the Woodburn Independent and mailed notice to select agencies
—including Marion County, the Woodburn Fire and School Districts, and the Oregon
Department of Transportation (ODOT) —and the Downtown Neighborhood Association.
Because by definition a legislative amendment is the opposite of a "quasi-judicial" land use
action, it is not specific to any property or properties and so a greater degree of public notice is
not required, including a Ballot Measure 56 notice. (The 1998 measure requires cities and
counties to provide affected property owners with notice of a change in zoning classification,
adoption or amendment of a comprehensive plan, or adoption or change of an ordinance in a
manner that limits or prohibits previously allowed uses. Senate Bill [SB1 516 (2003] modified
the notice requirements.)
The provisions are met.
Comprehensive Plan Policies & Statewide Planning Goals
Staff identifies below applicable comprehensive or "comp" plan policies and Statewide Planning
Goals to guide Commission deliberation.
LA 2018-01 Staff Report
Attachment 102
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Exhibit B
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Comprehensive Plan Policies
Staff cites relevant camp plan provisions below:
Policy Table 1:Comprehensive Plan Designations and Implementing Zoning Districts
Note: ...Allowable densities may be increased through the discretionary planned unit
development review process. [Vol. I, p. 71
1-1
A.Comprehensive Plan Designations and Implementation
Pian Implementation
Subdivision and Planned Unit Development Ordinances
The second mainstay of plan implementation are partition,subdivision, and planned unit
development ordinances,which are also found in the WDO.These ordinances are designed to
regulate the division of large parcels of land into smaller lots or parcels, mostly for residential
developments.They are the main control the City has over neighborhood development, rights-
of-way acquisition, and minimum lot sizes.The City should carefully review partition,
subdivision, and PUD ordinances to ensure that they are consistent with present trends of the
housing market and do not require more land than is reasonably required for public use.
However, conversely,these ordinances should be designed to ensure that neighborhoods are
well served by streets, parks,and in some cases,school sites. [Vol. 1, p. 8]
Growth Management Goals and Policies
G-1.20 Woodburn shall apply a minimum density standard for new subdivisions and planned
unit developments of approximately 80% of the allowed density in each residential zone. [Vol. 1,
P. 30]
The proposal would not interfere with comp plan Policy Table 1 note allowing PUD increases to
density.
The proposal would amend the PUD process to be more consistent with comp plan Part A.,
better allowing developers to respond to and build in response to the housing market, and
would not interfere with discretionary review and decision-making that can condition PUDs to
construct street improvements and provide for other public facilities.
The proposal would make WDO 3.09 comply better with Policy G-1.20 by clarifying that base
zone minimum density applies.
1.A 2018-01 Staff Report
Attachment 102
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Exhibit B
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Statewide Planning Goals
Of the 19 goats, staff cites relevant ones below.
Goal 1 Citizen Involvement [Oregon Administrative Rules 660-015-000Ox]
To develop a citizen involvement program that insures the opportunity for citizens to be involved in
all phases of the planning process.
Staff confirms that the proposal does not interfere with existing means of land use public notice
that span the existence, structure, and purview of the Commission itself to case-specific
required mailings, newspaper ads, and sign postings.
Goal 2 Land Use planning[OAR 660-015-000OU2 I
To establish a land use planning process and policy framework as a basis for all decision and actions
related to use of land and to assure an adequate factual base for such decisions and actions.
Staff confirms that the proposal does not interfere with the PUD discretionary review process
itself.
Goal 5 Natural Resources,Scenic and Historic Areas,and Open Spaces [OAR 660-015-OOOOUSj
To protect natural resources and conserve scenic and historic areas and open spaces.
The proposal allows PUDs to better meet Goal 5 because allowing modification requests to the
basic development standards for zoning districts—minimum lot size, width, and depth;
minimum setbacks; maximum height; and maximum lot coverage--make practical clustering
development with smaller lots away from steep terrain, the environmentally sensitive portion
of a site, or a cultural or historic place. This thereby protects natural resources and aids
conservation of areas that are scenic, historic, or upland open space.
Goal 6 Air, Water and Land Resources quality[OAR 660-015-000OL61]
To maintain and improve the quality of the air,water and land resources of the state.
The proposal allows PUDs to better meet Goal 6 because allowing modification requests to the
basic development standards for zoning districts—minimum lot size, width, and depth;
minimum setbacks; maximum height; and maximum lot coverage—make PUD practical.
Specifically, it becomes practical for development to cluster away from sensitive lands,
increasing common areas, and allowing for smaller lots and dwelling types that by being
attached and smaller make destinations closer to each other. This in turn induces walking and
cycling; makes transit, carpooling, and car and ride sharing feasible; and reduces the number
LA 2018-01 Staff Report
Attachment 102
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Exhibit B
Page 6 of S
and length of driving trips. These thereby reduce the need for land dedicated to surface
parking and lessen air and water pollution from motor vehicle exhaust and fluid leaks.
Goal 7 Areas Subject to Natural Hazards [OAR 660-015-0000 ]
To protect people and property from natural hazards.
The proposal allows PUDs to better meet Goal 7 because allowing modification requests to the
basic development standards for zoning districts—minimum lot size, width, and depth;
minimum setbacks; maximum height; and maximum lot coverage—make PUD practical.
Specifically, it becomes practical for development to cluster away from steep terrain or the
environmentally sensitive portion of a site such as a creek and adjacent wetlands. These kinds
of constrained land often come with higher probabilities of flooding, landslides, and—in the
case of earthquake—soil liquefaction.
Goal 9 Economic Development [OAR 660-015-0000 ]
To provide adequate opportunities throughout the state for a variety of economic activities vital to
the health,welfare, and prosperity of Oregon's citizens.
Staff confirms that the proposal does not interfere with existing commercial and industrial
comprehensive plan map designations and assigned zoning districts and the uses allowed
therein.
Goal 10 Housing(OAR 660-015-00001101]
To provide for the housing needs of citizens of the state.
The proposal allows PVDs to better meet Goal 10 because allowing modification requests to the
basic development standards for zoning districts—minimum lot size, width, and depth;
minimum setbacks; maximum height; and maximum lot coverage—make PUD practical.
Specifically, it becomes practical to cluster development and to have smaller lots and attached
and smaller dwelling types. This thereby keeps housing out of areas with higher probabilities of
flooding and landslides. It also increases the variety of housing within the PUD area, which
might provide a better fit for various kinds of families and individuals depending on their
physical needs and desires for dwelling types at market price points they can afford. Though
not the only factor, supply is a major factor in housing price, and the greater the supply of
various kinds of dwellings, generally the less each type of dwelling costs.
LA 2018-01 Staff Report
Attachment 102
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Exhibit B
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Goal 11 Public Facilities and Services (OAR 660-015-0000 11 ]
To plan and develop a timely,orderly and efficient arrangement of public facilities and services to
serve as a framework for urban and rural development.
The proposal allows PUDs to better meet Goal 11 because allowing modification requests to the
basic development standards for zoning districts—minimum lot size, width, and depth;
minimum setbacks; maximum height; and maximum lot coverage—make PUD not only practical
but also attractive to developers.
By opting for discretionary review, a planned unit developer allows the City to negotiate and
condition actions and improvements that provide public amenities including City facilities such
as streets, roads, potable water and sanitary sewer pump stations, parks, civic and community
buildings, and off-street cycling and walking paths. It also provides leverage through the City
for partner agencies to secure sites for new public facilities such as schools, libraries, and fire
stations.
Goal 12 Transportation [OAR 660-015-0000 12 ]
To provide and encourage a safe,convenient and economic transportation system.
The proposal allows PVDs to better meet Goal 12 because allowing modification requests to the
basic development standards for zoning districts—minimum lot size, width, and depth;
minimum setbacks; maximum height; and maximum lot coverage—make PUD practical.
Specifically, it becomes practical for PUD to have smaller lots and dwelling types that by being
attached and smaller make destinations closer to each other. This in turn induces walking and
cycling; makes transit, carpooling, and car and ride sharing feasible; and reduces the number
and length of driving trips.
This in turn helps meet several provisions under the goal, " ...(4) avoid principal reliance upon
any one mode of transportation; (5) minimize adverse social, economic and environmental
impacts and costs; (6) conserve energy; (7) meet the needs of the transportation disadvantaged
by improving transportation services ...". The proposal reduces reliance on automobile travel,
minimizes time and cost spent on travel among destinations and as examined for Goal 6
environmental harm, and makes transit, carpooling, and car and ride sharing feasible as well as
feasible for a household to own fewer or no vehicles and more easily redirect income to savings
and investment.
LA 2018-01 Staff Report
Attachment 102
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Exhibit B
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Goal 13 Energy Conservation [OAR 660-015-0000 U3
To conserve energy.
The proposal allows PVDs to better meet Goal 13 because allowing modification requests to the
basic development standards for zoning districts—minimum lot size, width, and depth;
minimum setbacks; maximum height; and maximum lot coverage—make PUD practical.
Specifically, it becomes practical for PUD to have smaller lots and dwelling types that by being
attached and smaller make destinations closer to each other. This in turn at the building level
decreases energy spent for climate control because dwellings are smaller and have more
common walls that lessen energy loss to the outside world. At the larger scale, it induces
walking and cycling; makes transit, carpooling, and car and ride sharing feasible; and reduces
the number and length of driving trips, all of which lessen the energy consumption of driving
privately owned single-occupant vehicles.
Goal 14 Urbanization [OAR 660-015-0000 14 j
To provide for an orderly and efficient transition from rural to urban land use,to accommodate urban
population and urban employment inside urban growth boundaries,to ensure efficient use of land,
and to provide for livable communities.
Staff confirms that the proposal does not interfere with the City meeting this goal, the City
having undergone comp plan periodic review leading to the 2015 adoption of the urban growth
boundary (UGB) expansion that the Department of Land Conservation and Development (DLCD)
acknowledged. The proposal allows PUDs to better meet Goal 14 because allowing
modification requests to the basic development standards for zoning districts—minimum lot
size, width, and depth; minimum setbacks; maximum height; and maximum lot coverage—
make PUD both practical and attractive to developers, increasing the likelihood of efficient use
of land and livable communities as understood by and acceptable to both developers and the
City.
The legislative provisions are met. Staff recommends approval of the proposal,
LA 2018-01 Staff Report
Attachment 102
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