Ord. 2573 - WDO Amendments Related to Residential uses in Commercial Zones (LA 2019-01) COUNCIL BILL NO. 3101
ORDINANCE NO. 2573
AN ORDINANCE AMENDING THAT PORTION OF TABLE 2.03A OF THE WOODBURN
DEVELOPMENT ORDINANCE WHICH IS RELATED TO RESIDENTIAL USES IN COMMERCIAL
ZONES (LA 2019-01) AND DECLARING AN EMERGENCY
WHEREAS, on August 12, 2013, the City Council adopted Ordinance 2509 (a
240 page document) that was an overall amendment to the Woodburn
Development Ordinance ("the WDO"); and;
WHEREAS, as part of this WDO amendment, Table 2.03A (E-Residential) was
changed to expand the residential uses permitted in commercial zones; and
WHEREAS, the record indicates that the Planning Staff Report and the City
Council's deliberations did not address the policy or legal implications of making this
change; and
WHEREAS, because this WDO amendment occurred with errors in the Planning
process, issues are created regarding public involvement and adequate notice; and
WHEREAS, the City Council believed that these errors should be remedied
through the land use process, and it initiated a legislative amendment by the
adoption of Resolution 2131 , which is attached hereto as Exhibit A; and
WHEREAS, on May 23, 2019, the Planning Commission, pursuant to Section
4.01 .09 of the WDO, held a public hearing and recommended approval of the
proposed amendment to Table 2.03A (E-Residential); and
WHEREAS, on June 10, 2019, the City Council conducted a public hearing,
heard public testimony, closed the hearing record, deliberated and then directed
Staff to prepare this Ordinance effecting the recommended WDO amendment (LA
2019-01 ); NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. The WDO is amended as specified in Exhibit B, which is attached
hereto.
Section 2. For purposes of this WDO amendment (see Exhibit B), all new text is
shown as underlined (i.e. new text) and all deleted text is shown as stricken (i.e.
deleted t After this ordinance amendment is adopted, the Community
Page - 1 - Council Bill No. 3101
Ordinance No. 2573
Development Director shall correct the WDO to incorporate all revisions contained
herein.
Section 3. The legislative action taken by this Ordinance is explained and
justified by the Legislative Findings attached hereto and incorporated herein as
Exhibit C.
Section 4. Emergency Clause. This Ordinance being necessary for the
immediate preservation of the public peace, health and safety so that the City may
remedy errors in the previous Planning process at the earliest possible time, an
emergency is declared to exist and this ordinance shall take effect immediately
upon passage by the City Council and approval by the Mayor.
Approved as to form: — — (' 120 f �
City Attorney Date
Approved:
Eric Swenson, Mayor
Passed by the Council SIJ ` 015
Submitted to the Mayor 14 goi CI
a
Approved by the Mayor
Filed in the Office of the Recorder Tule rt90) CI
ATTEST:
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page - 2 - Council Bill No. 3101
Ordinance No. 2573
Exhibit A
COUNCIL BILL NO. 3096
RESOLUTION NO. 2131
A RESOLUTION INITIATING CONSIDERATION OF LEGISLATIVE AMENDMENTS THE
ODBUN DEVELOPMENT ORDINANCE AND THE WOODBURN COMPREHENSIVE PLA
WHEREAS, the Woodburn Development Ordinance (the WDO) establishes
development standards and requirements that must be consistent with State law
and the Woodburn Comprehensive Plan; and
WHEREAS, frequent amendments to the WDO are required to comply with State
law, ensure consistency with the Woodburn Comprehensive Plan and to address
community issues; and
WHEREAS, on August 12, 2013, the City Council adopted Ordinance 2509 (a 240
page document) that was an overall revision of the then existing WDO; and
WHEREAS, part of Ordinance 2509 expanded residential uses permitted in
commercial zones; and
WHEREAS, the record indicates that the Planning staff report and the City
Council's deliberations did not address the policy or legal implications of expanding
the residential uses permitted in commercial zones; and
WHEREAS, because this WDO modification occurred with errors in the Planning
process, issues are created regarding public involvement and adequate notice; and
WHEREAS, the City Council believes that the above-mentioned deficiencies
can and should be remedied by the City's land use process; and
WHEREAS, Section 4.01 .09 of the WDO allows for 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 for
consideration legislative amendments to the Comprehensive Plan and WDO as they
relate to residential uses allowable in commercial zones and directs staff to expedite
this process.
01. Af 0
Approved as to form:
Page 1 - Council Bill No. 3096
Resolution No. 2131
Exhibit A
City Attorney Date
Approved:
Passed by the Council x"i 1
Submitted to the Mayor
Approved by the Mayor
Filed in the Office"e Recorder l
ATTEST:
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 1 - Council Bill No. 3096
Resolution No. 2131
Exhibit B
Uses Allowed in Commercial Zones
Table 2.03A (E-Residential)
Use Zone
Accessory Uses(A) Conditional Uses(CU) Permitted Uses(P)
DDC CG CO MUV NNC
Special Permitted Uses(S) Specific Conditional Uses(SCU)
E Residential
1 Attached single-family(row houses) dwellings P P 2 P P
2 Child care facility,group home, and nursing home P 8 P 8 P 8 P 8 P 8
3 One dwelling unit, in conjunction with a commercial use P P P P P
4 Multiple-family dwellings P iPCU 9 CU P P
1. Not allowed in the Gateway Overlay District
2. Only allowed in the Gateway Overlay District
3. Allowed outright if not within 200 feet of residentially zoned properties
4. Within a building, no outdoor storage or repair
5. All outdoor storage and display shall be enclosed by a seven foot masonry wall.
6. Existing uses are allowed as a permitted use, new uses are not allowed in the MUV
7. Drive-throughs are not allowed
8. Child care facility for 13 or more children,group home for six or more persons
m Except allowed as a �sermitted use in the Gateway C3�rerlay District and �srohiited in the
Interchange Manggement Area Overlay District
Exhibit C
Legislative Findings
Amendment to the Table 2.03A (E-Residential) of the Woodburn Development Ordinance
(LA 2019-01)
L NATURE OF THESE FINDINGS
A. The City Council finds that, as a general matter, legislative land use decisions,unlike quasi-
judicial land use decisions, need not be supported by findings. If local code provisions,
however, require that the City's legislative decision be supported by findings and the City
failed to adopt adequate findings, remand would be required.
B. The City Council finds that the Woodburn Development Ordinance ("the WDO")provides
as follows:
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.
C. The City Council finds that local code provisions were met because Section 4.01.02E of the
WDO was complied with. Specifically, LA 2019-01 was initiated by the City Council on
April 8, 2019 by the adoption of Resolution 2131. The Planning Commission held a public
Legislative Findings (LA 2019-01) - Page 1
Exhibit C
hearing on May 23, 2019 prior to making a formal recommendation to the City Council on
this matter.
Despite the lack of any applicable state or local requirement that this legislative land use
decision be supported by findings, the City Council finds that findings are necessary in this
case to determine if the challenged decision is consistent with applicable standards, i.e.there
must be enough in the way of findings or accessible material in the record to show that
applicable criteria were applied and that required considerations were indeed considered.
II. INTRODUCTION
A. Under Section 4.01.09 of the WDO, only the City Council can initiate the consideration of
a legislative land use decision. On April 8,2019,the City Council adopted Resolution 2131,
initiating this amendment to the WDO. The City Council initiated this legislative
amendment in order to correct significant errors (as more specifically described below)that
occurred during the 2013 revision of the WDO.
B. On August 12, 2013,the City Council adopted Ordinance 2509 (a 240 page document)that
was an overall amendment to the WDO. As part of this WDO amendment, Table 2.03A (E-
Residential) was changed to expand the residential uses permitted in commercial zones.
The record of the 2013 WDO amendment indicates that the Planning Staff Report did not
address this change and, because the change was not called to the City Council's attention,
the City Council deliberations did not address the policy or legal implications of making the
change. This unintended change, made when Ordinance 2509 was adopted, occurred with
errors in the Planning process and created inconsistency with the Woodburn Comprehensive
Plan. Since the change was unintended, issues regarding inadequate notice, and inadequate
public involvement were also created.
C. After being fully advised and considering all of its options, the City Council decided that
the only way that the above-mentioned deficiencies could be addressed and remedied was
Legislative Findings (LA 2019-01) - Page 2
Exhibit C
through the City's land use process. Therefore, Resolution 2131, initiating this amendment
to the Woodburn Development Ordinance (WDO) was unanimously adopted.
III. CITY COUNCIL RATIONALE FOR LA 2019-01
A. The WDO provides that only the City Council can initiate a legislative proposal. The City
Council resolution initiating the land use legislation typically sets out the governing body's
rationale and the need to consider, or reconsider, a land use matter. Based upon the direction
it receives from the City Council, the Planning Commission then conducts the initial public
hearing and issues its recommendation to the City Council.
B. When it initiated LA 2019-01, by Resolution 2131 on April 8, 2019, the City Council
explained why it believed that this legislation was needed:
WHEREAS, on August 12, 2013, the City Council adopted Ordinance 2509 (a
240 page document)that was an overall revision of the then existing WDO; and
WHEREAS, part of Ordinance 2509 expanded residential uses permitted in
commercial zones; and
WHEREAS, the record indicates that the Planning staff report and the City
Council's deliberations did not address the policy or legal implications of
expanding the residential uses permitted in commercial zones; and
WHEREAS, because this WDO modification occurred with errors in the
Planning process, issues are created regarding public involvement and
adequate notice; and
WHEREAS, the City Council believes that the above-mentioned deficiencies
can and should be remedied by the City's land use process; and
Legislative Findings (LA 2019-01) - Page 3
Exhibit C
WHEREAS, Section 4.01.09 of the WDO allows for the City Council to initiate
the consideration of any potential legislative amendments to the WDO by
resolution; NOW, THEREFORE,
C. Having now reached the stage where the City Council is enacting a legislative amendment
(LA 2019-01)to the WDO, the City Council believes that it is important to explain in more
detail why it is imperative that the significant errors in the adoption of Ordinance 2509
(2013) need to be corrected. More specifically:
1. The City Council finds that Ordinance 2509 (2013), placed in the City Council
Agenda Packet by Planning Staff as an amendment to the WDO, contained a version
of Table 2.03A (E-Residential)that was incorrect because it did not accurately state
the language of the WDO prior to the proposed amendment.
2. The City Council further finds that the inclusion of an incorrect version of Table
2.03A (E-Residential) in the August 12, 2013 City Council Agenda Packet likely
resulted from an inadvertent but significant Planning Staff error.
3. The City Council further finds that because the incorrect version of Table 2.03A (E-
Residential) was included in the August 12, 2013 City Council Agenda Packet, the
City Council adopted the amendment to the WDO contained in Ordinance 2509
(2013) but was unaware that Table 2.03A (E-Residential) was changed.
4. The City Council further finds that because the incorrect version of Table 2.03A (E-
Residential) was included in the August 12, 2013 City Council Agenda Packet, and
the City Council was unaware that Ordinance 2509 (2013) changed Table 2.03A(E-
Residential), the City Council was deprived of the its policy making function and
deliberation function under the Oregon planning process that is an important part of
its legal responsibilities.
Legislative Findings (LA 2019-01) - Page 4
Exhibit C
5. The City Council further finds that because the incorrect version of Table 2.03A (E-
Residential) was included in the August 12, 2013 City Council Agenda Packet, and
the City Council was unaware that Ordinance 2509 (2013) changed Table 2.03A(E-
Residential), interested members of the public were deprived of an opportunity
under the Oregon planning process to testify and provide input to the City Council
on this change.
6. The City Council further finds that because the incorrect version of Table 2.03A (E-
Residential) was included in the August 12, 2013 City Council Agenda Packet, and
the City Council was unaware that Ordinance 2509 (2013) changed Table 2.03A(E-
Residential), no Legislative Findings were made to explain and justify this WDO
change.
7. The City Council further finds, more specifically, that because the incorrect version
of Table 2.03A (E-Residential) was included in the August 12, 2013 City Council
Agenda Packet, and the City Council was unaware that Ordinance 2509 (2013)
changed Table 2.03A (E-Residential), the City did not demonstrate that this WDO
change was consistent with the Woodburn Comprehensive Plan.
8. The City Council further finds, for the reasons more specifically stated below in
support LA 2019-01, that the change to Table 2.03A (E-Residential) made by
Ordinance 2509 (2013) was inconsistent with the Woodburn Comprehensive Plan
and related land use regulations.
IV. JUSTIFICATION/EXPLANATION FOR LA 2019-01
Comprehensive Plan Policies
A. The below referenced Citizen and Agency Involvement Policies are relevant to LA 2019-01.
Policy B-1 provides, in relevant part:
Legislative Findings (LA 2019-01) - Page 5
Exhibit C
B-1 It is the policy of the City of Woodburn to solicit and encourage citizen
input at all phases of the land use planning process. Since the City is trying to
plan the community in accordance with the community's benefit, it is essential
that the community be consulted at all stages of the planning process.
The City Council finds that citizen input was solicited and encouraged. LA 2019-01 was
properly noticed and a significant amount of written and oral testimony was received at the
Planning Commission and City Council public hearings. All state, county and regional
entities were notified pursuant to state law.
B. Policy B-2 provides, in relevant part:
B-2. Woodburn shall coordinate with affected state agencies regarding
proposed comprehensive plan and land use regulation amendments, as
required by state law.
The City Council finds that all state, county and regional entities were notified pursuant to
the requirements of the WDO and Oregon law.
C. The below referenced Residential Land Use Goals and Policies are relevant to LA 2019-
01. Policy D-1.3 provides, in relevant part:
D-1.3 Development should promote, through the use of moderate density
standards and creative design, a feeling of openness and spaciousness with
sufficient landscaped area and open space to create a pleasant living
environment. Higher density area should be located near jobs, shopping and/or
potential transit services.
The City Council finds that LA 2019-01 allows multi-family apartments (high-density) to
be built near jobs, shopping opportunities and transit services. The conditional use process
Legislative Findings (LA 2019-01) - Page 6
Exhibit C
allows for a review to ensure that spaciousness, openness, and sufficient landscaped areas
will be provided.
D. Policy D-1.10 provides, in relevant part:
D-1.10 High density residential areas should be located to minimize the
possible deleterious effects on any adjacent low density residential
development. When high density and low density areas abut, density should
decrease in those high density areas immediately adjacent to low density
residential land. Whenever possible, buffering should be practiced by such
means as landscaping, sight-obscuring fences and hedges, and increase
setbacks. This policy does not apply in Nodal Development areas.
The City Council finds that the conditional use process allows for conditions to be applied
to consider site conditions and to address possible deleterious effects on any adjacent low
density development. The conditional use process also allows consideration of the practices,
such as buffering, landscaping, and sight-obscuring fences.
E. In generally addressing Commercial Land, the Woodburn Comprehensive Plan provides:
Commercial Land Development and Employment
Commercial Land Designations
There are basically five major commercial areas in Woodburn, and they should
serve the City for the foreseeable future.
The third large area of commercial development in the City is the I-5
Interchange. This contains one small shopping center, a large retail use (Wal-
Mart), a developing outlet mall, and other highway related uses. In general,
commercial uses on the west side of the freeway should be limited to highway
Legislative Findings (LA 2019-01) - Page 7
Exhibit C
related interchange type uses,while on the east side,a more general commercial
nature should be encouraged. There are approximately 60 acres available for
development located southwest of Evergreen Road. This land should be
developed as a large integrated shopping center when Woodburn's population
justifies it. Access control in the I-5 interchange area is extremely important,
because traffic congestion is the limiting factor for growth west of the freeway.
The City Council finds that LA 2019-01 will protect this commercial area, which is
recognized as a critical location in the City, from being developed as multi-family residential.
This Policy encourages general commercial and highway related interchange uses at this
location. The Policy specifies that this area be developed as a "large integrated shopping
center" and LA 2019-01 furthers that objective.
F. The below referenced Commercial Lands Goals and Policies are relevant to LA 2019-01.
Policy F-1.8 provides, in relevant part:
F-1.8 Ensure that existing commercial sites are used efficiently. Consider the
potential for redevelopment of existing commercial sites and modifications to
zoning regulations that intensify development to attract new investment.
The City Council finds that LA 2019-01 is specifically designed to meet this policy by
ensuring that existing commercial sites (such as those in the IMA District) are used
efficiently. Without this amendment they could be developed as residential uses, causing
a deficiency in meeting the Woodburn's retail needs.
G. Policies F-1.10 and F-1.11 provide, in relevant part:
F-1.10 The Downtown Gateway sub-district of the CG zoning district is an area
which extends eastward from Highway 99E towards downtown. Special use
provisions within the sub-district shall allow multi-family residential
development either as a stand-alone use or as part of a vertical mixed use
Legislative Findings (LA 2019-01) - Page 8
Exhibit C
project. The intent of allowing multi-family residential development in this
area is to provide more consumers living within an area of commercial
development and to provide 24-hour a day life into the eastern entrance to the
downtown.
F-1.11 The Highway 99E commercial corridor south of Lincoln should be
redeveloped over time with more intense mixed use development. The Mixed
Use Village Overlay (MUVO) designates an area that is intended to promote
efficient use of land and urban services; create a mixture of land uses that
encourages employment and housing options in close proximity to one another;
restrict land extensive commercial, storage, and industrial uses; and encourage
pedestrian-oriented development.
The City Council finds that both of these Commercial Land Policies recognize that a
allowing a mixture of residential and commercial uses in some areas of the City is
appropriate and desirable. The Comprehensive Plan and WDO were both amended to
include residential uses in two commercial areas -the "Gateway" and Mixed Use Village"
Districts. The City determined that these were the appropriate areas for mixed use in the
City and designed architectural standards for each of them and adopted them into the WDO.
The City Council further finds that LA 2019-01 is consistent with this approach.
H. The below referenced Growth Management Goals and Policies are relevant to LA 2019-01.
Policy G-1.25 provides, in relevant part:
G-1.25 Woodburn has identified two areas for mixed-use development —
Downtown Woodburn and the Nodal Development District along Parr Road.
The UGB Justification Report includes specific estimates of the number of new
housing units and commercial jobs that can be accommodated in these overlay
districts.
Legislative Findings (LA 2019-01) - Page 9
Exhibit C
The City Council finds that this policy specifically mentions the two commercial districts
in the City that are intended to be used for both commercial and residential uses. It also
states that the City's long-range planning allocated a certain number of houses in these
commercial areas. Significantly, it does not include the general CG District.
The City Council further finds that LA 2019-01 will make the WDO consistent with this
Comprehensive Plan Policy G-1.25.
L The below referenced Transportation Goals and Policies are relevant to LA 2019-01. Policy
H-6.4 provides, in relevant part:
H-6.4 Woodburn should provide for a complementary mix of land uses and
transportation systems by providing for mixed use development in the
Downtown Development and Conservation (DDC) District, the Mixed Use
Village (MUV), and the Nodal Development Overlay (NDO) districts.
The City Council finds that this Comprehensive Plan Policy also explains that Woodburn
aspires to actively pursue and identify a mixture of uses in specific commercial areas. These
are identified as the DDC, MUV and NDO Districts. Significantly, the CG District is not
included.
The City Council further finds that LA 2019-01 will make the WDO consistent with
Comprehensive Plan Policy H-6.4.
V. DO THE STATEWIDE PLANNING GOALS NEED TO BE ADDRESSED?
A. The City Council finds that when it initiated LA 2019-01 it gave specific direction as
follows:
Section 1. Pursuant to Section 4.01.09 of the WDO, the City Council initiates
for consideration legislative amendments to the Comprehensive Plan and WDO
Legislative Findings (LA 2019-01) - Page 10
Exhibit C
as they relate to residential uses allowable in commercial zones and directs staff
to expedite this process.
B. Having now reached the stage where the City Council is enacting a legislative amendment
(LA 2019-01) to the WDO, the City Council further finds that, even though a
Comprehensive Plan amendment may have been considered, there is only a WDO
amendment before the City Council for enactment.
C. The City Council further finds that because the WDO is land use ordinance that implements
the acknowledged Woodburn Comprehensive Plan and the Woodburn Comprehensive Plan
is not itself being amended, there is a good legal argument that compliance with the
Statewide Planning Goals need not be addressed. Without waiving this legal argument and,
in the alternative, the City Council believes that LA 2019-01 complies with the Statewide
Planning Goals and will proceed to make additional findings demonstrating Goal
compliance.
VI. COMPLIANCE WITH STATEWIDE PLANNING GOALS
A. The City Council finds that the Statewide Planning Goals mentioned below would be
relevant to LA 2019-01 if Statewide Goal findings were required and, without waiving the
argument that such findings are not required, makes these findings in the alternative.
B. The below referenced Goal 1: Citizen Involvement provides in relevant part:
Goal 1 Citizen Involvement: To develop a citizen involvement program that
insures the opportunity for citizens to be involved in all phases of the planning
process.
The City Council finds that all required notices under the WDO were provided consistent
with the acknowledged Woodburn Comprehensive Plan, including all specific required
mailings, newspaper ads, and hearing procedures.
Legislative Findings (LA 2019-01) - Page 11
Exhibit C
The City Council further finds that all required Ballot Measure 56 notices were provided to
affected property owners. The City took the position that the adoption of LA 2019-01 would
be is a change that "limits or prohibits land uses previously allowed in the affected zone".
This expanded notice was provided and resulted in over 350 notices being mailed to the
public.
The City Council further finds that these efforts resulted in greater opportunities for public
scrutiny and show compliance with Goal 1.
C. The below referenced Goal 10: Housing provides in relevant part:
Goal 10 Housing: To provide for the housing needs of citizens of the state.
Buildable lands for residential use shall be inventoried and plans shall
encourage the availability of adequate numbers of needed housing units at price
ranges and rent levels which are commensurate with the financial capabilities
of Oregon households and allow for flexibility of housing location, type and
density.
Needed Housing Units -- means housing types determined to meet the need
shown for housing within an urban growth boundary at particular price ranges
and rent levels. On and after the beginning of the first periodic review of a local
government's acknowledged comprehensive plan, "needed housing units" also
includes government-assisted housing. For cities having populations larger
than 2,500 people and counties having populations larger than 15,000 people,
"needed housing units" also includes (but is not limited to) attached and
detached single-family housing, multiple-family housing, and manufactured
homes, whether occupied by owners or renters.
Legislative Findings (LA 2019-01) - Page 12
Exhibit C
The City Council finds that the principal purpose of Goal 10 is to ensure that communities
plan for and provide adequate housing, in terms of both units and type, at a variety of income
levels.
The City Council further finds that the Fair Housing Council of Oregon and the Housing
Land Advocates (HLA) submitted a letter dated May 23, 2019 that was entered into the
record and states as follows:
When a decision is made affecting the residential land supply, the city must
refer to its Housing Needs Analysis (HNA) and Buildable Lands Inventory
(BLI) in order to show that an adequate number of needed housing units (both
housing type and affordability level) will be supported by the residential land
supply after enactment of the proposed change.
The City Council finds that LA 2019-01 does not impact Woodburn's adopted Housing
Needs Analysis ("HNA"), Buildable Lands Inventory ("BLI"), or its supply of needed
housing units.
The City Council further finds, based upon documents in the record, that LA 2019-01
actually represents an increase in the amount of land available for multi-family housing
beyond what is included in the City's adopted BLI.
The City Council further finds that both the HNA and BLI have been adopted pursuant to
state law and are part of the acknowledged Woodburn Comprehensive Plan in accordance
with Goal 10.
The City Council further finds that, as part of the periodic review process, the
Comprehensive Plan and WDO were modified to implement new policies, land use
designations and zoning districts to provide for more affordable housing and to increase the
percentage of multi-family units. These included establishing measures to minimize the
amount of land added to the UGB and the creation of two new overlay districts,the"Nodal"
Legislative Findings (LA 2019-01) - Page 13
Exhibit C
and "Vertical Mixed Use" Districts. The Nodal areas are located in the future areas to be
annexed and the Vertical Mixed Use District is an overlay on the CG District adjacent to
the downtown (Gateway Commercial Overlay District). The housing need calculations
included specific assumptions about the amount of residential capacity in these two areas
(1% of the total number of new units). Additionally, the City created a new Mixed Use
Village(MUV), located at the intersection of OR 99 and Cleveland Street,to allow for more
mixed use housing opportunities in its commercial areas.
The City Council further finds that LA 2019-01 does not impact any property included in
the BLI or HNA and, therefore, does not represent a loss in needed housing.
The City Council further finds that, consistent with Goal 10, Woodburn's needed housing
types and implementing zoning districts are clearly identified under the City's
Comprehensive Plan in Policy D2.2:
Policy 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. In Woodburn, the
following needed housing types shall be allowed, subject to clear and objective
design standards, in the following zoning districts:
Policy Table 2: Needed Housing Types and Implementing Zoning Districts
Needed Housing Type Implementing Zoning District(s)
RS Single-Family Residential
Single-Family Detached
RIS Retirement Community Single-Family Residential
Residential
RSN Nodal Development Single-Family Residential
Legislative Findings (LA 2019-01) - Page 14
Exhibit C
Policy Table 2: Needed Housing Types and Implementing Zoning Districts
Needed Housing Type Implementing Zoning District(s)
Manufactured Dwellings On RS Single-Family Residential
Individual Lots RIS Retirement Community Single-Family Residential
In Parks RM Medium Density Residential
Attached Single Family RMN Nodal Residential
Residential (Row Houses) MUV Mixed Use Village
Duplexes On Corner Lots RS Single-Family Residential
Generally RM Medium Density Residential
RM Medium Density Residential
RMN Nodal Residential
Multi-Family Generally
DDC Downtown Development and Conservation
Above Commercial
NNC Nodal Neighborhood Commercial
MUV Mixed Use Village
These "housing types" are based on financing or tenure, and are
Government Assisted
not regulated by the City. If the housing type (e.g., single
Housing*
family, manufactured dwelling, attached single family, duplex,
Farm Worker Housing* or multi-family) is allowed in the underlying zoning district,
Rental Housing* these "housing types" are allowed subject to applicable design
standards.
Legislative Findings (LA 2019-01) - Page 15