Ord. 2579 - Amending Sec. 2.07.20 of WDO (ADU design regulations) COUNCIL BILL NO. 3123
ORDINANCE NO. 2579
AN ORDINANCE AMENDING SECTION 2.07.20 OF THE WOODBURN DEVELOPMENT
ORDINANCE (WDO) TO REMOVE PROVISIONS INCONSISTENT WITH ORS 197.312
RELATED TO REASONABLE DESIGN REGULATIONS OF ACCESSORY DWELLING UNITS
("ADU") AND DECLARING AN EMERGENCY
WHEREAS, the Woodburn Development Ordinance (WDO) establishes the
standards that development is required to meet and that clarity of those standards
is critical as the community continues to grow and prosper; and
WHEREAS, in 2019, the Oregon Legislature amended ORS 197.312 to stipulate
that "reasonable local regulations" of ADUs may not include owner occupancy
requirements or provisions to provide of additional off-street parking; and
WHEREAS, the WDO was found to be inconsistent with the state statute as
it relates to accessory dwelling units; and
WHEREAS, Section 4.10.09 of the WDO requires the City Council to initiate the
consideration of any potential legislative amendments to the WDO by resolution; and
WHEREAS, on September 9, 2019, the Council in conformance with the
WDO 4.01 .09A., initiated the amendment via Resolution No. 2139; and
WHEREAS, on January 9, 2020, the Planning Commission, in conformance
with WDO 4.01 .09B. and 4.01 .1013. held a public hearing and recommended
approval of the amendment; and
WHEREAS, on March 9, 2020, the City Council held a public hearing and
now must enact this Ordinance in order to make the necessary amendment (LA
2019-03) required by Oregon state law; 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 text) and all deleted text is shown as stricken (i.e.
del8f8d +o„+). After this ordinance amendment is adopted, the Community
Development Director shall correct the WDO to incorporate all revisions
contained herein.
Page - 1 - Council Bill No. 3123
Ordinance No. 2579
Section 2. The WDO is amended as specified in Exhibit A which is
attached hereto.
Section 3. The legislative action taken by the Ordinance is explained and
justified by the findings and analysis attached hereto and incorporated herein
as Exhibit B.
Section 4. Emergency Clause. This ordinance being necessary for the
immediate preservation of the public peace, health and safety so that the City
can make its best efforts to comply with the January 1 , 2020 effective date of
HB2001 (2019), an emergency is declared to exist and this ordinance shall take
effect immediately upon passage and approval of the Mayor.
Approved as to form: °
City Attorney Dat
{
Approved: _
Eric Swenson, Mayor
Passed by the Council A it����--
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Fk-6ther Pierson, City Recorder
City of Woodburn, Oregon
Page - 2 - Council Bill No. 3123
Ordinance No. 2579
Exhibit A
Strikethrough-and-Underlined Amending Text
2.07.20 Accessory Dwelling Units
A. Applicability:
1. Accessory dwelling units shall be subject to all applicable development standards of the
WDO except as provided for in this Section.
2. One accessory dwelling unit per each single-family detached dwelling—the primary
dwelling— may be approved if the applicant shows compliance with the following
criteria and standards.
B. Siting: Accessory dwelling units may be detached and freestanding from the primary dwelling,
located within or attached to the primary dwelling, or attached to an accessory structure
garage.
C. Architecture: The exterior of the proposed accessory dwelling unit shall match the architectural
design of the dwelling or garage if attached to a garage, in terms of finish materials, roof pitch,
trim, and window proportion.
D. Accessory dwelling units shall be subject to the site development standards of the underlying
zoning district, except:
1. Lot coverage: Accessory dwelling units are not subject to the rear yard lot coverage
limitation for Accessory Structures.
2. Building height. Accessory dwelling units shall not exceed the height of the principal
dwelling unit.
3. Density: Accessory dwelling units are not included part of the density calculation for
the underlying zone.
E. Floor Area: The gross floor area of the accessory dwelling unit shall not exceed 50 percent of
the primary dwelling, or 725 square feet, whichever is less.The garage area shall be excluded
from calculation of the floor area.
F. Separation: There shall be a minimum six foot separation between detached accessory dwelling
units and all other structures on the site.
G. Vehicles: Structures/vehicles licensed by the Oregon Department of Motor Vehicles shall not
be permitted as accessory dwelling units.
H. Entrance: An accessory dwelling unit attached or located within a primary dwelling shall not
result in any new door entrance being located on an exterior wall facing a front property line.
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4. 1. Non-conformities: Legally non-conforming accessory structures located on residentially zoned
land may be converted to an accessory dwelling unit in accordance with the requirements of
Section 1.04.
If the " "
Exhibit B
Analyses & Findings
This attachment to the staff report analyzes the application materials and finds, through the
statements below, 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
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LA 2018-02
Page 1 of 5
Legislative Amendment Provisions
Background
The procedures for legislative amendments are found in WDO 4.01. Oregon law requires that
these amendments regulations be consistent with local Comprehensive Plans, the Statewide
Goals and any State Statues (ORS) or applicable Administrative Rules (OAR's).
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.
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 9, 2019
via Resolution 2139.
LA 2019-03 Staff Report
Attachment 102
Page 2 of 5
Staff completed the required public notices for the Planning Commission and City Council
hearings, specifically a newspaper ad in the Woodburn Independent and mailed notice to select
agencies. This amendment is not specific to any property or properties, so a greater degree of
public notice is not required, including Ballot Measure 56, because it does not limit or prohibit
land uses previously allowed in the affected zone notice.
` 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.
Comprehensive Plan Policies
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 forwarded to Marion County and the Department of Land Conservation and Development
(DLCD), as required. No responses were received.
D-2. The housing goal of the City is to ensure that adequate housing for all sectors of the
community is provided.
Allowing Accessory Dwelling Units (ADUs) can help to ensure that housing opportunities for a
specific sector of the community (family/elderly) can be accommodated. These amendments
effectively reduce regulations on ADUs, which should result in them becoming more prevalent.
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, addressing that
demand in the local housing market. These targeted amendments effectively reduce regulations
on ADUs, which should result in them becoming more prevalent.
LA 2019-03 Staff Report
Attachment 102
Page 3 of 5
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, addressing a demand in the local housing market. These targeted amendments
effectively reduce regulations on ADUs, which should result in them becoming more prevalent.
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. These specific amendments effectively reduce regulations on ADUs,which should
result in them becoming more prevalent.
Statewide Planning Goals
Out of 19 Statewide Planning goals, City staff cites relevant goals:
Goal 1 Citizen Involvement [Oregon Administrative Rules 660-015-0000„(,71,x]
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,(71.0)],,,,,,,,,,,,,,,,,,
To provide for the housing needs of citizens of the state.
The proposal allows the City to further the intent of this goal by effectively reducing regulations
on ADUs, which should result in them becoming more prevalent.
LA 2019-03 Staff Report
Attachment 102
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I. )]
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 has
undergone Comp Plan periodic review, leading to the 2015 adoption of the Urban Growth
Boundary (UGB) expansion, which was acknowledged by the Department of Land Conservation
and Development (DLCD). 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 is necessary in order to provide clear and objective standards for ADUs.
HOUSE BILL 2001
ORS 197.312
The impetus for these Code amendments was the adoption of HB 2001. The Bill, codified in ORS
197.312, specifically prohibits owner-occupancy and off-street parking requirements for ADUs.
These amendments have been drafted for the express purpose of meeting the requirements of
the recent change in the law.
1 The legislative provisions are met. Staff recommends approval of the proposal.
LA 2019-03 Staff Report
Attachment 102
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