Ord. 2562 - WDO Amendment to allow for ADU COUNCIL BILL NO. 3076
ORDINANCE NO. 2562
AN ORDINANCE AMENDING WOODBURN DEVELOPMENT ORDINANCE (WDO)
SECTIONS 1.02, 2.02, 2.06, 2.07, AND 4.01.05 TO ALLOW FOR ACCESSORY
DWELLING UNITS AND CERTAIN AFFORDABLE HOUSING PROJECTS (LA 2018-02)
WHEREAS, ORS 197.312 limits the City's authority to prohibit certain kinds
of housing and requires that at least one accessory dwelling be allowed per
detached single-family dwelling in every zone that allows detached single-
family dwellings; and
WHEREAS, the WDO was found to be inconsistent with the statute as it
relates to accessory dwelling units and certain affordable housing projects; and
WHEREAS, on September 25, 2017, the Council in conformance with WDO
4.01 .09A., initiated this amendment via Resolution No. 2102; and
WHEREAS, on June 14, 2018, the Planning Commission in conformance
with WDO 4.01 .09B. and 4.01 .1013. held a public hearing and recommended
approval of this amendment; and
WHEREAS, on July 9, 2018, the City Council held a public hearing, and
after requesting additional information from staff, continued the hearing until
August 13, 2018; and
WHEREAS, on August 13, 2018, the City Council held a public hearing and
requested this Ordinance effecting the amendment (LA 2018-02); NOW,
THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. For purposes of this ordinance amendment, all new text is
shown as underlined (i.e. new texti and all deleted text is shown as stricken (i.e.
deleted 4ex4). 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.
Page - 1 - Council Bill No, 3076
Ordinance No. 2562
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: (9//1/2 0
City Attorney Da V
Approved
I
Passed by the Council o
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
PI el
ATTEST: `r ; L�'
�
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page - 2 - Council Bill No. 3076
Ordinance No. 2562
EXHIBIT A
Woodburn Development Ordinance
WDO
Adopted by Ordinance 2313 on April 9, 2002
Acknowledged by December 22, 2006
Amended by Ordinance 2423 on July 28, 2007
Amended by Ordinance 2446 on September 8, 2008
Amended by Ordinance 2465 on March 24, 2010
Amended by Ordinance 2473 on December 13, 2010
Amended by Ordinance 2480 on September 26, 2011
Amended by Ordinance 2492 on September 10, 2012
Reenacted by Ordinance 2509 on August 12, 2013
Amended by Ordinance 2520 on July 28, 2014
Amended by Ordinance 2538 on September 26, 2016
Amended by Ordinance 2541 on November 14, 2016
Amended by Ordinance 2544 on January 9, 2017
y
ae� ti
r �
I n c o r p created 1889
1.02 Definitions
Dwellings:
Accessory D��gHHng —A in nterk)ir, attached oir detached res�denfiifl StIl'UCtUIT thi)t ��S Use d in
= I � :
��b111111ecfioin 4thl Or that uS accessory 1g, � Ingllg.fai'TI11y dgHiing�
2.02 Residential Zones (Tables 2.02B-F)
Residential Single-Family (RS) - Site Development Standards
Table 2.0213
Interior,flag or cul-de-sac lot 6,000'
Lot Area, Minimum Single-family dwelling, child care
(square feet) Corner lot facility or group home 2 8,000'
Any other use 10,0001
Lot Width, Minimum Interior,flag or cul-de-sac lot 50
(feet) Corner lot 80
Lot Depth, Average Interior,flag or cul-de-sac lot 90
(feet) Corner lot 90
Interior or cul-de-sac lot 40
Street Frontage Single-family dwelling 40
Corner lot
Minimum (feet) Any other use 50
Flag lot 20-24
I
Residential Density, Minimum (units per net acre) 5.2
Front Setback and Setback Abutting a Street, Minimum (feet) 20 4,5,6
Residential Single-Family (RS) - Site Development Standards
Table 2.0213
Side Setback, Primary structure 5 5-9
Minimum (feet) Accessory structure Same as primary structure
16 or less 24 7
Rear Setback, Primary Building more than 16 and 30 7
Average structure height (feet) less than 28
(feet) 28 or more 36 7
Accessory structure 5
Setback to a Private Access Easement, Minimum (feet) 5
Residential Single-Family (RS) - Site Development Standards
Table 2.0213
Primary building height 16 feet or less 40
Lot Coverage,
Primary building height greater than 16 feet 35
Maximum (percent)
Accessory structure 25 of rear yard
Primary Outside Gateway subarea 35
structure Gateway subarea 40
Building Height, Y
Maximum (feet) Features not used for habitation 70
Accessory structure 15
1. Excluding easements for private streets or driveways (See Section 1.02, Lot area)
2. Child care facility for 12 or fewer children, group home for five or fewer persons
3. See Table 3.04A, Flag Lot Access Width
4. Measured from the Special Setback(Section 3.03.02), if any
5. Except for flag lots under the option that all setbacks are 12 feet
6. Infill lots between developed lots: average of abutting residential buildings, plus or minus 5 feet,
but not less than 10 feet
7. With a maximum deviation of five feet from the setback standard
8. Accessory structures are included in the total lot coverage. AeeesseFy s4uwuet uu yrs a i e @ &() 4w44e.
9. A house of worship shall be set back at least 20 feet from a property line abutting a residential
zone or use.
��
III
.�5..... ��u^a�.�abir ��� u^Il 11 iiu� .��u�u�a� ��.pu:^ a�awull�.11.a^�� dab �.p�u^�ii�ii�...�'u^gra^Ilap.V�un�u^u��:.����u��'��u�'� �a".u^ u^��'ii..abu� �5.�� �Il�u �I ....
Nodal Residential Single-Family(RSN) - Site Development Standards
Table 2.02C
Interior or cul-de-sac lot 6,0001
Single-family dwelling, child
Lot Area, Standard lot care facility or group home 8,000
Minimum Corner lot 2
(square
feet) Any other use 10,000
Interior or cul-de-sac lot 4,0001
Small lot and row house
Corner lot 5,000
Interior or cul-de-sac lot 50
Standard lot
Lot Width, Corner lot 80
Minimum
(feet) Interior or cul-de-sac lot 30
Small lot and row house
Corner lot 50
Lot Depth, Standard lot 90
Average
(feet) Small lot and row house 80
Standard lot Residential Density, Minimum (units per net acre) 5.2
Small lot and row house Residential Density, Minimum (units per net acre) 7.9
Interior or cul-de-sac lot 40
Single-family dwelling, child
Standard lot care facility or group home 40
Street Corner lot 2
Frontage,
Any other use 50
Minimum
(feet) Interior lot 40
Small lot and row house Corner lot 50
Cul-de-sac lot 30
Front Setback and Setback Abutting a Street, Minimum (feet) 20 3,4
Nodal Residential Single-Family(RSN) - Site Development Standards
Table 2.02C
Front Porch Setback, Maximum (feet) 10
Side Setback, Minimum (feet) 5'-s
Rear Setback, Average Primary structure 20 or 0 5,7,10
(feet) Accessory structure 5
Setback to a Private Access Easement, Minimum (feet) 5
Nodal Residential Single-Family(RSN) - Site Development Standards
Table 2.02C
Primary building height 16 feet or less 409
Lot Coverage,
Primary building height more than 16 feet 359
Maximum (percent)
Accessory structure 25 of rear yard 6 9,-'
Primary structure 35
Building Height,
Features not used for habitation 70
Maximum (feet)
Accessory structure 15,.!?,.
1. Flag lots are not allowed in the RSN zone.
2. Child care facility for 12 or fewer children, group home for five or fewer persons
3. Measured from the Special Setback(Section 3.03.02), if any
4. Infill lots between developed lots: average of abutting residential buildings, plus or minus 5 feet,
but not less than 10 feet
5. With a maximum deviation of five feet from the setback standard
6. Accessory structures are included in the total lot coverage. AeeesseFy s4uw'u"et ull es"""'a 11 e @ll'&() 4w44'ed ue
25%°'Gia Ve age a f t"h°e F 4,."a ...%Wall4
7. A house of worship shall be set back at least 20 feet from a property line abutting a residential
zone or use.
8. Row houses have a 0 foot side setback on interior lots
9. Lot coverage limitations determined by setbacks for small lot and row house development
10. Garages have a 20 ft or 0 ft setback
1.L... ��2ss()I'y D.du^Il llliui. � " � .11u:"�� �a:b � " " "I..abp�un�a u1'...
�;. i)IT u �awu„ "
� �I�u7 ::.�u � �„a a Su ��.!Ia:bn 2,07, s pa �liifl..
Retirement Community Single-Family Residential (111S) - Site Development
Standards
Table 2.02D
Lot Area, Minimum (square feet) 3,600 1
Lot Width, Minimum (feet) 50
Lot Depth, Average (feet) Not specified
Interior or corner lot 50
Street Frontage, Minimum (feet) Flag lot 24-3 0 2
Cul-de-sac lot 40
Front Setback and Setback Abutting a Street, Minimum (feet) 20 s
Primary structure 56
Side Setback, Minimum (feet)
Accessory structure 5 4
Rear Setback, Minimum Primary structure 56
(feet) Accessory structure 5
Setback to a Private Access Easement, Minimum (feet) 5
Retirement Community Single-Family Residential (111S) - Site Development
Standards
Table 2.02D
Primary building height 14 feet or less 40
Lot Coverage, Maximum (percent) Primary building height more than 14 feet 35
Accessory structure 25 of rear yard 5-'
Primary structure 35
Building Height, Maximum (feet) Features not used for habitation 70
Accessory structure 15'
1. Excluding easements for private streets or driveways (See Section 1.02, Lot area)
2. See Table 3.04A, Flag Lot Access Width
3. Measured from the Special Setback(Section 3.03.02), if any
4. Five feet if located in the rear yard
5. Accessory structures are included in the total lot coverage. Accessory structures are also limited
to 25%coverage of the rear yard.
6. A house of worship shall be set back at least 20 feet from a property line abutting a residential
zone or use.
7 cc4's.. m Qw6IIng...�lllllt:u alre SLRb.I4'Lj IQ... p4 LIIfiIc d4"v4'"IIDpII"f(14'"II1.... "4:.4 s4'��.I..
rill � � IoII"1 2,07, sp4'LIlrrd....
Medium Density Residential (RM) - Site Development Standards
Table 2.02E
Single-family dwelling, Interior,flag or cul-de-sac lot 6,0001
child care facility or
Lot Area, Minimum group home Corner lot 8,0002
(square feet)
Duplex 8,000
Any other use Not specified s
Lot Width, Minimum Interior,flag or cul-de-sac lot 50
(feet) Corner lot 80
Lot Depth, Average
All lots 90
(feet)
Street Frontage, Interior, corner or cul-de-sac lot 40
Minimum (feet) Flag lot 24-304
Duplex, Single-family dwelling 5.2
Minimum
Any other use 12.8
Multiple-family dwelling 16
Residential Density
(units per net acre) Child care facility, group care facility or 32'
Maximum nursing home
Manufactured dwelling park 12
Any other use Not specified 8
Front Setback and Setback Abutting a Street, Minimum (feet) 205,10
Medium Density Residential (RM) - Site Development Standards
Table 2.02E
Single-family dwelling, duplex, child care 5 2, 6,7
Primary facility or group home
Side Setback, structure
Minimum (feet) Any other use Same as rear
Accessory structure Same as primary
16 or less 24 2,6
Single-family dwelling, Building
more than 16
duplex, child care height 302,6
and less than 28
facility or group home (feet)
28 or more 36 2,6
16 or less 24
Primary Any other use except
Rear Setback, structure Building
Minimum (feet) nonresidential use height more than 16 30
abutting DDC, NNC, and less than 28
CG, IP, SWIR, or IL zone (feet)
28 or more 36
Nonresidential use abutting DDC, NNC, or CG zone 109
Nonresidential use abutting IP, SWIR, or IL zone 159
Accessory structure 5
Setback to a Private Access Easement, Minimum (feet) 5
Primary building height 16 40
Single-family dwelling, duplex, feet or less
Lot Coverage, child care facility or group home
h
z Primary building height Maximum 35
(percent) more than 16 feet or less
Any other use Not specified 8
Primary structure 35
Building Height,
Features not used for habitation 70
Maximum (feet)
Accessory structure 1511
1. Excluding easements for private streets or driveways (See Section 1.02, Lot area)
Medium Density Residential (RM) - Site Development Standards
Table 2.02E
2. Child care facility for 12 or fewer children, group home for five or fewer persons
3. Child care facility for 13 or more children,group home for six or more persons
4. See Table 3.04A, Flag Lot Access Width
5. Measured from the Special Setback(Section 3.03.02), if any
6. Except for flag lots under the option that all setbacks are 12 feet
7. For row houses, there is no side setback along common lot lines. See table 2.02C for row house
development standards
8. The minimum lot dimensions, maximum density, and maximum lot coverage are determined by
setbacks, off-street parking, and landscaping requirements.
9. A house of worship shall be set back at least 20 feet from a property line abutting a residential
zone or use.
10. Infill lots between developed lots: average of abutting residential buildings, plus or minus 5 feet,
but not less than 10 feet
1.I...... Accessory P„ pIIIHing.iJu�uts ai e SLflb.Vpct to...sppd iic deveIl.�bporr pint standards (ape Section 2,07, Sppd.i ll.
Nodal Medium Density Residential (RMN) - Site Development Standards
Table 2.02F
Single-family dwelling, child Interior or cul-de-sac lot 4, 0001,2
care facility or group home Corner lot 5, 000 2
Interior lot 3, 000 1
Lot Area, Row house
Corner or cul-de-sac lot 3,600
Minimum
(square feet) Duplex 8 000 1
Multiple-family dwelling, child care facility, group home or 87,120 1,s
nursing home
Any other use Not specified'
Interior or cul-de-sac Lot 45'
Single-family dwelling, child
care facility or group home Corner lot 60'
Interior lot 20
Row house
Lot Width, Corner or cul-de-sac lot 35
Minimum (feet)
Duplex 80
Multiple-family dwelling, child care facility, group home or 200 s
nursing home
Any other use Not specified'
Single-family dwelling, child care facility or group home or 80'
row house
Lot Depth, Duplex 90
Average (feet) Multiple-family dwelling, child care facility, group home or s
200
nursing home
Any other use Not specified'
Street Frontage, Interior lot 20
Minimum (feet) Corner lot 35
Nodal Medium Density Residential (RMN) - Site Development Standards
Table 2.02F
Single-family dwelling, child
care facility, group home,or Cul-de-sac lot 30
multiple-family dwelling z
Interior lot 20
Row house
Corner or cul-de-sac lot 35
Duplex 80
Any other use 200
Single-family dwelling 7.9
Duplex or row houses 10
Minimum
Multiple-family dwelling 19
Residential Any other use Not specified 7
Density(units Multiple-family dwelling 24 7
per net acre)
Child care facility, group care facility or 32 3,7
Maximum nursing home
Manufactured dwelling park 12 7
Any other use Not specified 7
Single-family dwelling, child care facility or group
20 2,4
home
Front Setback Abutting an arterial street 20 4
and Setback Row house
Abutting a Not abutting an arterial street 104
Street, Minimum
(feet) Abutting commercial or industrial 20 4
zone, or collector or arterial street
Any other use
Not abutting commercial or industrial 4
10
zone, or collector or arterial street
Nodal Medium Density Residential (RMN) - Site Development Standards
Table 2.02F
Abutting an RS zone 10 plus 5 fo 4each
story over 1
Row houses To front porch 10
Front Setback Abutting commercial or industrial s
Duplex, multiple- Not specified
and Setback family dwelling, zone, or collector or arterial street
Abutting a
Street, group home or Not abutting commercial or industrial s
nursing home 15
Maximum (feet) zone, or collector or arterial street
Any other use Not specified
Single-family dwelling, child care facility or group
52
home
Row house 15 5,9
Abutting RS, RM, or 16 or less 24
P/SP zone, or an
Building more than 16
Side Setback, existing single- height 30 Minimum (feet) All family, duplex, or (feet) and less than 28
other multiple-family
uses
dwelling 28 or more 36
Abutting NNC, or CG zone 108
Abutting SWIR zone 15
Accessory structure Same as primary
16 or less 24 2,6
Single-family dwelling, Building
child care facility or height more than 16 and 302,6
group home (feet) less than 28
Rear Setback, 28 or more 36 2,6
Minimum (feet)
Row houses 20 or 011
Any other use Same as side
Accessory structure 5
Nodal Medium Density Residential (RMN) - Site Development Standards
Table 2.02F
Setback to a Private Access Easement, Minimum (feet) 5
Single-family Primary building height 16 feet or less 40'
Lot Coverage, dwelling, child
care facility or Primary building height more than 16 feet 35 z
Maximum group home or less
(percent)
Any other use Not specified 7,'0
Primary structure 45
Building Height,
Features not used for habitation 70
Maximum (feet)
Accessory structure 151^'
1. Flag lots are not allowed in the RMN zone.
2. Child care facility for 12 or fewer children, group home for five or fewer persons
3. Child care facility for 13 or more children, group home for six or more persons
4. Measured from the Special Setback(Section 3.03.02), if any
5. For row houses, there is no side setback along common lot lines.
6. With a maximum deviation of five feet from the setback standard
7. The minimum lot dimensions, maximum density, and maximum lot coverage are determined
by setbacks, off-street parking, and landscaping requirements.
8. A house of worship shall be set back at least 20 feet from a property line abutting a residential
zone or use.
9. Row houses have a 0 foot side setback on interior lots
10. Lot coverage limitations determined by setbacks for small lot and row house development
11. Garages have a 20 ft or 0 ft setback
1: ...PYPIlliIn �.) llltSrri)I SL.R.��4 �� �� � �4�I..�I� �4�,4, �S �II"14.I standards g �g.L
jIIg1 ..s.07.M.
Uses Allowed in Residential Zones
Table 2.02A
Use Zone
Accessory Uses(A) Conditional Uses(CU) Permitted Uses(P)
Special Permitted Uses(S) Specific Conditional Uses(SCU) RS RSN RIS RM RMN
A Dwellings
1Accessory d�ypH�ng �]lit S S S S S
1' Duplex dwelling S S P P
"' Manufactured dwelling S1 S1 S S S
9 Manufactured dwelling park S S
4,5 Multiple-family dwelling P P
y' Row houses P P
y'.. Single-family detached dwellings P P P P P
2.06 Accessory Structures
2.06.01 Applicability
The following standards are applicable to accessory structures in all zones Lce„sso..pry Pvvg111 n �,::)Di„ts )prv„�„^
s ”
4"X4'"II1(1��j' II�DII"f(1 1"14'"�4" str�ll1 rr�ll s rr�ll1 rill 4'" S�L4 u4'"ct tot"14'"....ILII cS�IIsII�SII1� �S „s4'ctIoII"1! 2 07
2.07 Special Uses
Special Permitted Uses are allowed outright, but are subject to additional requirements designed to
ensure their compatibility with, or mitigate their impact on, surrounding (usually residential)
development.
2.07.11 House of Worship
Bus and Van Storage: Storage of buses and vans used by a house of worship shall be permitted if the
vehicles are not parked closer than 20 feet to a property line abutting a residential zone or use.
_
_
3,
=
1,
2,
1
2,
U III��t,
E, Hoor Aiirei: p Il(=, giross flooll-alleaof the accessoir dweHhing UDt shi411 unot exceed 50 24^ir4"eint ofthe
p[hirrial'y 414Y4.^Hhlng, 451'Z25 sg4 41re feet, MNchevellr IS Hess. p the gg-agg airea shifll Ibe (.XdUded firoirn
CiflCLfli)fi()lI Of th('^ fl(K)l-iflTi).
E 5912allra1145llmp IIr4^Ire shifll Ibe i) 'jlIh'TlUlTl SN foot sepairafigin between detached a9cessoi-y 414y1.^Hhilng gDs
and ifll (WI&I-Stl-UCtUlTS 0111 th('." S�11.4'.,
G, V(jNdestil'LsCtLsll'(.^S/V(.^IIluC11(.^s hceinsed 114y jbg Q[gggD Pgpg[jqigij gf Motor V(jNdes shifll not Ibe
pg,iirn1tted as a4;4;2ssoiry dweHhing gDll lts,
-L Eiintiiraiinc& An access45ily415454."11IIuiing 4s]lt attached oir llocated Mthhin a Il2urvuurnai'y dmflhiingxbgl a]Qt IITSILdt uul
n4Dy llrg4r45 dogir entrance ....4a II 45Lrr114'"d on ain exteiijoll-wifll fabling �fEgDj pEgggly llne,
L e1;10 1141lln One off-street Ilsau-killig 411444L4° us a 4°g4 iired in addfigin to that MNch Is ilreghired for the Ilse,ul)m
414r454,:"IIIhll1g 4Llt" �INs addfioilnifl sph� g IS 1110t SLflbpgct to the ocafion iireg4sEgMgiints of Who O Secfion
3,0 5,0 2,D,3,
J. IN c�)III-c 4)III f()ii-irn��t es Le g a1111y u2 g u2-4`45Dfg ii-IT)1111 g g c c e s s4511 y St 11-U Ct U 11-4'"S ��454" 414„"..d 4511r ii,e s ll d e 111111„a4 y Kg III e d ��a III d
mi�y 1 g Lg]Ygllrted to aur accessoi-y 414Y4"Hhll1g 4]p uur accordance MCI the iireg44iireiirneiints of Secfion 1 04,
K, OWII(N' OCCUP�D�y BpgguITITI(Nllt, p 1(� (WI&I,01,111 g�2�245iiiinte41 liunlurriedate faii-ndy mpirnbeir of the cmineir
MU�i gMipy P1filellr th(� I]E)Ly -esidence oir accessory dmd��Ing UD��t oill the pEgpg-ty as ��ts PE�llnbp�� ��gg��
Egsdeiince, excep! for boina fide t&Tipg�'airy54
�lf the l454r45il1ell-11 IS a eg�411 4.^„2jty Q !Dlsll±2 f4)L4Yhlng pg'sons shifll lbe consdered (flhgHNe cmineir.
2Pfl � sefiarI � r : r�filo:IJ the=� Il � )�� i cc)I
4;2EP21-a1e sWSoar � ) lM� piis, d ( allrtlllellrsh�p,111„14.”lLg , Mgp
9 1;1 Li 12 11,S,
4.01.05 120-Day Rule
A. The City shall take final action on the application within 120 days of the date that the application
was deemed complete, unless the applicant extends the 120 day period. Any continuance or
extension of the record requested by an applicant shall result in a corresponding extension of the
120-day period.
B. When the 120-day Rule is Not Applicable: The 120-day rule does not apply to:
1. Any Type I decision;
2. Any application for an amendment to the City's comprehensive plan; or
3. Any application for a permit, the approval of which depends upon a Comprehensive Plan
amendment;
4. Any application that is not wholly within the City's authority and control;
5. Any Type V decision;
6. Any annexation,, a;b„pr
7 Needed
h()USlilIng a411411411iiCa fi()lIns that a'Tle t the cijteija of ORS 197,311 i llhe Clty xbh 111 jaIke finifl
gCfi14S111 4)II1', these a llCat I()ills MMNIII 100 days gf the date that the appllllcafilc)n was d4"4i"II1(14'd
4;4DII"f(1PI2!2" 44111114;ss the appI�cant extends the,100 day 11.12II II4;D„d.,
Exhibit B
Page 1 of 6
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
.................................................................................::..............::.................p ... : . ........................................................::........(......................................).
Section references are to the Woodburn I[)evel.o. ii inti iiFldiiii°� ince
LA 2018-02
Page 1 of 6
Exhibit B
Page 2 of 6
Legislative Amendment Provisions
Background
1.05.0313. 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. 2313.
• 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.
:9...0:9...0:9..13. 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 o major policy decisions. WDO Sections and x01: 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
Page 2 of 6
Exhibit B
Page 3 of 6
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 September 25,
2017 via Resolution 2102.
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. It is
not specific to any property or properties will not and so a greater degree of public notice is not
required, including a Ballet Measure 56, because it does not that limit or prohibit land uses
previously allowed in the affected zone 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. ,g�, „ti,;e,B.iI..1, [,J ],!!„ , [2003] modified the notice
requirements.)
se The provisions are met.
Comprehensive Plan Policies, OAR's & 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
Page 3 of 6
Exhibit B
Page 4 of 6
Comprehensive Plan Policies
Staff cites relevant comp plan provisions below:
B-2. Woodburn shall coordinate with affected state agencies regarding proposed
comprehensive plan and land use regulation amendments, as required by state law.
All state, county and regional entities were notified pursuant to state law. Draft Code language
was also forwarded to the regional realtor association, 1,000 Friends Group as well as the DLCD
representative responsible for coordinating and implementing SB 1051.
D-2.The housing goal of the City is to ensure that adequate housing for all sectors of the
community is provided.
Allowing ADU's will help to ensure that housing opportunities for a specific sector of the
community (family/elderly) can be accommodated.
D-2.2 It is the policy of the City to encourage a variety of housing types to accommodate the
demands of the local housing market.
These amendments are an excellent example of providing a unique housing type for which
there is a demand in the local housing market.
D-2.3 To ensure that new concepts in housing are not restricted unduly by ordinances,the
City shall periodically review its ordinances for applicability to the current trends in the
housing market.
These amendments are an excellent example of amending our WDO in order to provide a
unique housing type for which there is a demand in the local housing market.
G-1.2 Woodburn will encourage the optimum use of the residential land inventory providing
opportunities for infill lots, intensifying development along transit corridors, and application
of minimum densities.
These amendments will help to ensure that the optimum use of the city's residential housing
supply is being utilized. It will add housing in areas (lots) that already accommodate
development .
LA 2018-01 Staff Report
Attachment 102
Page 4 of 6
Exhibit B
Page 5 of 6
Statewide Planning Goals
Of the 19 goals, staff cites relevant ones below.
Goal 1 Citizen Involvement [Oregon Administrative Rules 660-015-0000011]
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 10 Housing [OAR 660-015-0000(,;j;p)]
To provide for the housing needs of citizens of the state.
The proposal allows the City to further the intent of Goal 10 by allowing a housing type which is
not currently permitted but which is in demand in the community.
( ,111
Goal 14 Urbanization OAR 660-015-0000,,,,,,,,,,,,,,,,,,,,,
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. These amendments will help to ensure that the optimum use of the city's
residential housing supply is being utilized. It will add housing in areas (lots) that already
accommodate development.
Oregon Administrative Rules:
660-008-0015 Clear and Objective Approval Standards Required
(1) Except as provided in section (2)of this rule, a local government may adopt and apply only clear
and objective standards, conditions and procedures regulating the development of needed housing on
buildable land.The standards, conditions and procedures may not have the effect, either in
themselves or cumulatively, of discouraging needed housing through unreasonable cost or delay
The proposal includes clear and objective standards for ADUs for needed housing.
LA 2018-01 Staff Report
Attachment 102
Page 5 of 6
Exhibit B
Page 6 of 6
SENATE BILL 1051
ORS 197.312(5)
Critically, the impetus for these Code amendments was the adoption of SB 1051. The Bill,
codified as ORS 197.312(5) requires most local jurisdictions (including Woodburn) to amend or
modify their development codes to meet a variety of housing goals and policy standards,
including:
1. Allowing for accessory dwelling units in single-family neighborhoods
2. Providing for expedited review of certain affordable housing permits; and,
3. Allowing religious institutions to use their property to develop affordable housing.
These amendments have been drafted for the express purpose of meeting the requirements of
the ORS.
V The legislative provisions are met. Staff recommends approval of the proposal.
LA 2018-01 Staff Report
Attachment 102
Page 6 of 6