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Ord 2186 - Manage/Control Access COUNCIL BILL NO. 1776 ORDINANCE NO. 2186 AN ORDINANCE MANAGING AND CONTROLLING ACCESS TO CITY STREETS AND STATE HIGHWAYS AND DECLARING AN EMERGENCY. WHEREAS, Statewide Planning Goal 12, Transportation, requires that each Oregon community prepare a transportation plan to address existing and future access and circulation needs of the community, and WHEREAS, the City Council amended Woodburn's Comprehensive Plan to incorporate the Woodburn Transportation System Plan and repealed the transportation element of the existing Woodburn Comprehensive Plan; and WHEREAS, Woodburn's Transportation System Plan requires that the city adopt an ordinance that controls access to city streets and state highways; and WHEREAS, the Planning Commission conducted a public hearing on November 14, 1996 on the Access Management Plan and recommended City Council approval; and WHEREAS, the City Council conducted a public hearing on January 27, 1997; and WHEREAS, the City Council finds the Access Management Plan complies with the city's Transporation System Plan Goal 2, Policy 3; Goal 3, Policy I; and Policies and Guidelines 4, 4 (a), 4 (b), 4 (c), NOW THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Page I - COUNCIL BILL NO. 1776 OROINANCE NO. 2186 A:\ORDIN\TRANSYS.ORD -r-- " - ACCESS MANAGEMENT ORDINANCE CITY OF WOODBURN Section 1. Intent and Purpose The primary objective of this ordinance is to provide and manage access to developed and undeveloped land, while preserving the flow of traffic in terms of safety and capacity. Major roadways, including state highways and other arterials, serve as the primary network for moving people and goods. These transportation conidors also provide access to businesses and homes and have served as the focus for traffic movement to commercial and residential development. If access systems are not properly designed, these roadways will be unable to accommodate the access needs of development and retain their primary transportation function. This ordinance balances the right of reasonable access to private property, with the right of the citizens of the City of Woodbum and visitors to safe and efficient travel. The secondary objective is to control access to service collectors and residential streets to ensure safe passage to vehicles and pedestrians alike. To achieve this policy intent, state and local roadways have been categorized by function and classified for access purposes based upon their level of importance, with highest priority on the Oregon Highway System and secondary priority on the primary network of arterials, followed by collectors and residential streets. Regulations have been applied to these roadways for the purpose of reducing traffic accidents, personal injury, and property damage attributable to poorty designed access systems, and to thereby improve the safety and maximize the efficiency of operation of the roadway network. This will protect the substantial public investment in the existing transportation system and reduce the need for expensive remedial measures. These regulations also further the orderly layout and use of land, protect community character, and conserve natural resources by promoting well-designed road and access systems. Section 2. Applicability This ordinance shall apply to all arterials, service collectors and selected access streets within the City of Woodbum Urban Growth Boundary, as identified in Table 1, and other such roadways as subsequently defined, and to all properties that abut these roadways. The access classification system and standards of the Oregon Department of Transportation shall apply to all roadways on the state highway system. Additionally, Marion County driveway permits are required for any access connections to any roadway within a Marion County right-of-way. Section 3. Conformance with Plans, Regulations, and Statutes This ordinance is adopted to implement the goals and policies of the Woodbum Transportation System Plan (see Goal 2, Policies 1 and 3; Goal 3, Policy 1; and GoalS, Policy 4), and Transportation Goals 1, 2, and 3 as set forth in the Woodbum Comprehensive Plan. In addition, this ordinance conforms with the Oregon Transportation Planning Rule (TPR), OAR660 Division 12 and the planning policies of the Oregon Department of Transportation set forth in the Oregon Highway Plan (OHP). The ordinance also conforms with the access classification system and standards of the Oregon Department of Transportation, the Access Management Policy Guidelines of the 1991 Oregon Highway Plan, and policy and planning directives of the federallntermodal Surface Transportation Efficiency Act of 1991. It specifically addresses OAR 660-12-045 (c)(2)(a), which directs local COUNCIL BILL NO 1775 ORDINANCE NO. 2186 Woodbum Access Management Ordinance - Page 2 - govemments to adopt land use or subdivision regulations to protect transportation facilities for their identified use and provide access control measures consistent with the functional classification of roadways. Section 4. Definitions Access - AIry driveway, street. turnout or other means of providing for the movement of vehicles and pedestrians to or from the public roadway system. Access Classification - A ranking system for roadways used to determine the appropriate degree of access management. Factors considered include functional classification, the appropriate local government's adopted plan for the roadway, subdivision of abutting properties, and existing level of access control. Access Management - The process of providing and managing access to developed and undeveloped land uses while preserving the flow of traffic in terms of safety and capacity. Access Management Plan (Corridor) - A plan illustrating the design of access for lots on a highway segment or an interchange area that is developed jointly by the state and/or affected city. Approach Road Permit - A permit issued by the District Manager, OooT District 3, (pursuant to OAR 734-50) for an access connection to a state highway. Connection - Where one street intersects another street. Connection Spacing - The distance between connections, measured from the closest edge of pavement or curb cut of the first connection to the closest edge of pavement of the second connection along the edge of the traveled way. Controlled Access Roadway - A roadway as identified or referenced within this document which access is controlled by the conditions contained herein. Corner Clearance - The distance from an intersection of a public or private road to the nearest access connection, measured from the closest edge of the pavement of the intersecting road to the closest edge of the pavement of the connection along the traveled way (see Figure 1). Figure 1: Comer Clearance and Connection Spacing I '." I CORNER ","XARANCE" 1 < .. I _ 00lN!I I llCS1"IHlE ~ CXSANCE ......... ~ rxsvHCE -- ~ r; - ri I I I I I I 0- Corridor Overlay Zone - Special conditions added to current developing and existing land use requirements along designated portions of the state highway. COUNCIL BILL NO. 1776 ORDINANCE NO. 2136 Wood bum Access Management Ordinance - Page 3 ~~ Cross Access - A service drive providing vehicular access between two or more contiguous sites so the driver need not enter the public street system (see Figure 6). Cross Access Corridor - An area designated to use a service drive between two or more contiguous sites in order to eliminate unnecessary access to an adjacent roadway. Deed - A legal document conveying ownership of real property. Directional Median Opening - An opening in a restrictive median which provides for specific movements and physically restricts other movements. Directional median openings for two opposing left or "U-tum" movements along a road segment are considered one directional median opening. Double-f'rontage Lot - Same as a through lot. A lot having frontage on two parallel or approximately parallel streets. Comer lots are typically not double frontage lots. Easement - A grant of one or more property rights by a property owner to or for use by the public or another person or entity. Frontage Road - A public or private drive which generally parallels a public street between the right-of-way and the front building setback line. The frontage road provides access to private properties while separating them from the arterial street (see also Service Road). Full Median Opening - An opening in a restrictive median that allows all tuming movements from the roadway and the intersecting road or access connection. Functional Area (Intersection) - That area beyond the physical intersection of two controlled access facilities that comprises decision and maneuver distance, plus any required vehicle storage length, and is protected through comer clearance standards and driveway connection spacing standards (see Figure 2 below). Functional Classification - A system used to group public roadways into classes according to their purpose in moving vehicles, providing access, and includes design and operational standards. Joint Access (or Shared Access) - A driveway connecting two or more contiguous sites to the public street system. Lot -A parcel or tract of land occupied, or to be occupied, by a building or unit group of buildings, and its accessory building, together with such yards or open space and having a frontage upon a street, alley or private drive. Figure 2: Functional Area of Intersection JIOIlRI)AJZr OF .aaA~noR C3Phys1ca1 Nea I!iI FUnc60naI Nea COUNCIL BILL NO. 1776 ORDINANCE NO. 2186 Woodbum Access Management Ordinance - Page 4 ,~ .-..--".,....~._.^........~ .,-~--~- -.... - .."-,.,, "".~,,_,~_,_~~'"^^,--'. Lot, Comer - A lot or portion thereof situated at the intersection of two or more streets. Lot Depth - The horizontal distance between the front lot line and rear lot line measured at a point halfway between the side lot lines. Lot, Flag - A lot having a narrow street frontage with a larger developable portion of land set back from the street frontage. Lot, Nonconfonning - A lot that does not meet the area or width requirements of the district in which it is located. Lot, Through or Double Frontage - A lot having frontage on two parallel or approximately parallel streets. Lot Frontage - That portion of a lot extending along a street right-of-way line. Lot of Record - A lot which is part of a subdivision or a lot or parcel described by metes and bounds, which has been recorded in the office of the County Recorder. Lot Width - The horizontal distance between side lot lines measured at right angles to the lot depth at a point midway between the front and rear lot lines. Major Traffic Generator - A land use such as a shopping center which generates 3,000 trips a day or greater. Figure 3: Types of Lots ---------~ ~ ,,~......... IE-- -, . I . I . , . I , _-1 -. I ~:~.. &.IT I . ..,.... . ::fG. : ..~d \' "- ~......... ........ ....1"~~ r'. -I: c::.c...~glll: "'- '-'T : F~~ .-r &AT' /'. ~ # ........ . . . / PCn'M .' __......l . I I I a r-~~)' / ....;......~ ":.;;,.'-- it .! / . I ~...............""t.---') ,/ r---.----~ .. --t..OT ~ I - ~ eHnIHPAle.y Manual of Unifonn Traffic Control Devices (MUTCO) - A Federal document that provides standards for traffic control devices as modified and adopted by the Oregon Transportation Commission. COUNCIL BILL NO. 1776 ORDINANCE NO. 2186 Woodbum AccesS Management Ordinance - Page 5 ~. ,_~ .....,_....' ,.___..". _..~__.,.__ _",__ ..___ on', Nonconfonning Access Features - Features of the access system of a property that existed prior to the date of ordinance adoption and do not conform with the requirements of this Ordinance or the Access Management Policy of the 1991 Oregon Highway Plan. Nonrestrictive Median - A median or painted centerline that does not provide a physical barrier between traffic traveling in opposite directions or tuming left, including continuous center turn lanes and undivided roads. . Outparcel - A parcel of land abutting and extemal to the larger, main parcel, which is under separate ownership and has roadway frontage. Parcel - Means a single unit of land that is created by a partitioning of land. Peak Hour Trips - That number of trips into or out of a facility access during the peak hour of adjacent street traffic. Plat - An exact and detailed map of the subdivision of land. Private Road - Any road or roadway for vehicular travel which is privately owned and maintained and which provides the principal means of access to abutting properties. Public Road - A road under the jurisdiction of a public body that provides the principal means of access to an abutting property. Reasonable Access: The minimum number of access connections, direct or indirect, necessary to provide safe access to and from the roadway, as consistent with the purpose and intent of this Ordinance and any applicable plans and policies of the City of Woodbum and the access management policy of the 1991 Highway Plan. Restrictive Median - A physical barrier in the roadway that separates traffic traveling in opposite directions, such as a concrete barrier or landscaped island. Right-of-Way - Land reserved, used, or to be used for a highway, street, alley, walkway, drainage facility, or other public purpose. Service Road - A public or private street or road, auxiliary to and normally located parallel to a controlled access roadway, that maintains local road continuity and provides access to parcels adjacent to the controlled access facility. Significant Change in Trip Generation - A change in the use or user of the property, including land, structures or facilities, or an expansion of the size of the structures or facilities causing an increase in the trip generation of the property exceeding 25 peak hour trips during the peak hour of the adjacent street traffic. Peak Hour Trips may occur in the a.m. or p.m. and includes both in and out movements. state Highway System (SHS) - The network of limited access and controlled access highways that have been functionally classified and are under the jurisdiction of the State of Oregon. Stub-out (Stub-5treet) - A portion of a street or cross access drive used as an extension to an abutting property that may be developed in the future. COUNCIL BILL NO. 1776 ORD INANCE NO. 2186 Woodbum Access Management Ordinance - Page 6 ,~ ......~" Subdivision - The process of dividing an area or tract of land into four (4) or more lots within a calendar year when such area or tract of land exists as a single unit or contiguous units of land under a single ownership at the beginning of such year. Temporary Access - Provision of direct access to the controlled access roadway until that time when adjacent properties develop, in accordance with a joint access agreement or frontage road plan. section 5. Access Management Classification System and Standards A. The following access classifications have been assigned to roadways in Wood bum. They include both State Highways and local streets. Each roadway classification is defined below in Table 1. Table 2 shows the functional classification plan for each of the roadways within the Woodburn Urban Growth Boundary. Table 3 assigns access standards to each type of roadway. Figure 4 provides an illustration of these standards. B. It will be the policy of the city to aggressively worK with developers of new property to ensure that this system is not degraded and conflicts between transportation modes are prevented. Local streets will be developed to provide connectivity to higher classifications. It will be city policy to maintain the integrity of the networK of arterials and collectors identified in the plan and to coordinate the connection of local streets to this networK consistent with the adopted transportation plan. Reconstruction or capacity enhancements of existing roadways will be developed to promote all transportation modes and access will be modified where feasible to enhance connectivity and the policies outlined above. C. All connections on roadways that have been assigned an access classification shall meet or exceed the minimum connection spacing requirements of that access classification, as specified in Table 3. (Note: These connection standards are consistent with those of the Oregon Department of Transportation, Access Management Policy Appendix B of the 1991 Oregon Highway Plan) 1) Driveway spacing shall be measured from the closest edge of the pavement or curb cut of the first connection to the closest edge of the pavement of the second connection along the edge of the traveled way. (Figure 1). The projected future edge of the pavement of the intersecting road shall be used in measuring comer clearance, where widening, relocation, or other improvement is indicated in the Woodburn Transportation System Plan and subsequent Capital Improvement Plans as adopted. D. All access decisions pertaining to the state highways within the City of Woodbum are the sole responsibility of the District Manager, OOOT District 3, or designee. The City of Wood bum has no authority to grant access, temporary or permanent, to a state highway. E. Temporary Access Permit: The Community Development Director, in coordination with the Public WorKs Director, may issue a temporary access permit to provide direct access to a city controlled access roadway until that time when adjacent properties develop. F. The Community Development Director may reduce the connection spacing requirements in situations where they prove impractical, but in no case shall the permitted spacing be less than 80% of the applicable standard, except as provided in Sections 22 or 23. COUNCIL BILL NO. 1776 ORD1NANCE NO. 2186 Woodburn Access Management Ordinance - Page 7 .~ ~. ., - ARTERIALS Streets which provide for traffic flows between land uses. . Major Arterial Streets and highways which provide service to traffic (Class 1) entering and leaving the area and traffic to major activity centers in Woodbum. . Minor Arterial streets which feed the major system and support moderate (Class 2) length trips and service to activity centers. COLLECTORS streets which link local streets with the arterial system. . Service Collector Streets which provide significant linkages with arterials and (Class 3) tend to accommodate a higher volume of traffic. . Access Street Streets which provide primary single family residential local (Class 4) street access and tend to accommodate lower volumes of traffic. Table 1: Definition of Roadways - City of Woodburn G. Where the existing configuration of properties and driveways in the vicinity of the subject site precludes spacing of a curbcut access in accordance with the Access Management Classification System and Standards (Table 3), the community Development Director shall be authorized to waive the spacing requirements if he finds that all ofthe following conditions have been met: 1) Joint Use Driveways: Wherever feasible, the Community Development Director shall require the establishment of a joint-use driveway serving two abutting building sites, with cross-access easements provided in accordance with Subsection G. 2) Unified Access and Circulation: Where feasible. the building site shall incorporate unified access and circulation in accordance with the requirements of Subsection G. 3) Curbcut Closings: The property owner shall, enter into an agreement with the City, recorded in the records of Marion County and applying to any successors and assigns. indicating that any pre-existing curbcuts that are non-confonning on the building site shall be closed and eliminated at his own expense after the construction of both sides of the joint-use driveway, in accordance with the requirements of Subsection G. H. In the event that the Community Development Director decides to waive the spacing requirements of the Access Management Classification System and Standards in Table 3 In accordance with Subsection F. A statement shall be recorded in the public record that such has taken place and that all of the conditions in Subsection F have been met. I. standards for landscaping of street right-of-way (ROW) and parking areas are subject to Chapter 11 ofthe Woodbum Zoning Code. J. Variation from these standards shall be pennitted at the discretion of the Planning Commission where the effect would be to enhance the safety or operation of the roadway. Examples might include a pair of one-way driveways in lieu of a tNo-way driveway, or alignment of median openings with existing COUNCIL BILL NO. 1776 ORDINANCE NO. 2186 Woodbum Access Management Ordinance - Page 8 . access connections. Applicants may be required to submit a study prepared by a registered traffic engineer to assist the City of Woodbum in detennining whether the proposed change would exceed roadway safety or operational benefits of the prescribed standard. K. Interchange Access Management Policy 1) OooT and the City of Woodbum recognize the importance of protecting the immediate areas surrounding Interchanges. Protecting the function and integrity of the system around interchanges or interchange areas is critical to preserving the function and integrity of the rest of the transportation system. 2) ODOT has developed a draft Interchange Access Management Policy regarding access spacing and operating standards for interchanges and interchange areas. ODOT and the City of Woodbum will enforce these policies and any subsequent revisions, and shall jointly resolve access Issues which do not meet the minimum standards of the policy. Table 2: Ctasslficatlon of Roadways In Woodburn MAJOR ARTERIAL - Class 1 Highway 219/214 Highway 99E Highway 211 MINOR ARTERIAL - Class 2 South Arterial (Future) Boones Ferry Roadl Settlemier Ave. Front street Hardcastle Ave. Young st. (Highway 99E to Front St.) Garfield street (Front st. to Settlemier Ave.) SERVICE COLLECTOR - Class 3 Parr Road UnCGln street (east city limits to Settlemier Ave.) Evergreen Road West Hayes Street (Settlemier Ave. to Evergreen Rd.) Arney Rd. Progress Way/lndustrial Ave. Parl< Ave. (Lincoln St. to Highway 214) Gatch Ave. (Cleveland St. to Lincoln St.) Cleveland st. (Highway 99E to Front st.) Woodland Ave. (Arney Rd. to Highway 219) ACCESS STREET - Class 4 Woodland Ave. (Arney road to Willow Ave.) Cascade Drive (Highway 214 to West Hayes St.) Astor Way (Country Club Rd. to Highway 214) Hazelnut Drive Brown st. (Cleveland st. to south arterial) Country Club Rd. (Astor to Boones Ferry) Cooley Road (and future extensions) COUNCIL BILL NO. 1776 ORDINANCE NO. 2186 Woodbum Access Management Ordinance - Page 9 "~ ~ " . Table 3: Access Classification System & Standards'- Functional Access Driveway . Restrictive Signal Class Class Spacing (Ft) Median Opening Spacing Directional Full Major Arterial 1 300 1320 2640 2640 Minor Arterial 2 245- 1320 2640 2640 Service Collector 3 50 2640/1320 Access street 4 10 1320 . A "Restrictive" median physically prevents vehicle crossing. A "Non-Restrictive" median allows tums across any point. Excludes currently developed residential standards. Table does not apply to Inten:hange areas or corridor overlay zones. .. -. Figure 4 - Local Street Spacing and Access Management Standards LOCAL STREET SPACING AND ACCESS MANAGEMENT Porkchop to control left turn movements landscaped median to control left tum movements ~LJ LJ L ARTERIAl * * Oriveway, typo v ------- ( " . I , , I I -------.... 8DC nnl ~ 300' Driveway Spacing I~ Public Str~t Spacing 1 320' Directional Median Spacing 1800' lAox. Block Perimeter 2640' Full Median Spacing COUNCIL BILL NO. 1776 Woodburn Access Management Ordinance- Page 10 ORDINANCE NO. 2186 Section 6. Corner Clearance A Corner clearance for connections shall meet or exceed the minimum connection spacing requirements for that roadway. B. New connections shall not be pennitted within the functional area of an intersection or interchange as defined by the connection spacing standards of this ordinance, unless: 1) No other reasonable access to the property Is available, and 2) The Public Works Director detennines that the connection does not create a safely or operational problem upon review of a site specific study of the proposed connection prepared by a registered engineer and submitted by the applicant. C. Where no other alternatives exist, the Public Works Director may allow construction of an access connection along the property line farthest from the intersection. In such cases, directional restrictive connections (i.e. right in/out, right in only, or right out only) may be required. Section 7. Joint and Cross Access A Adjacent commercial or office properties classified as major traffic generators (i.e. shopping plazas, office parks), shall provide a cross access drive and pedestrian access to allow circulation between sites. B. The Community Development Director shall be authorized to designate cross-access corridors on properties adjacent to roadways. Such designation may be made in connection with the approval of any subdivision or site plan within the affected area, or as part of an overall planning program. Figure 5: Drtveway Location . COUNCIL BILL NO. 1776 ORDINANCE NO. 2186 Woodburn Access Management Ordinance - Page 11 ~. .~-.._..,.__._~"-+ " - C. Design of Cross-Access Corridors: Cross Access corridors shall be designed to provide unified access and circulation among parcels on each block of the roadway, in order to assist in local traffic movement (see Figure 6). In such cases. the Access Management standards in Section 5, Table 3 above shall continue to apply, but any access to a property shall be designed for joint property use. Each corridor should be designed to include the following elements: 1) A continuous service c;lrive or cross access corridor extending the entire length of each block served, or at least 1000 feet linear frontage along the roadway, and having a design speed of 10 mph. Final design of the facility shall be as approved by the Public Works Director. 2) A design speed of 10 mph and sufficient width to accommodate two-way travel aisles designed to accommodate automobiles, service vehicles, and loading vehicles; 3) stub-outs and other design features to make it visually obvious that the abutting properties may be tied in to provide cross-access via a service road. 4) Unkage to other cross-access corridors in the area including the use of a unified access and circulation system plan that includes coordinated or shared parking areas wherever feasible (see Figure 6). D. Where a property owner is requesting a partition or subdivision of land and a joinll cross access is required under this Ordinance, the configuration of new parcels shall be designed to minimize the number of access connections to the adjacent roadway, and incorporate the design standards for cross access corridors Section 7 (C). E. Coordinated I Joint Parking Design Wherever a cross-access corridor has been designated in accordance with this section. the business sites within the affected area shall be so designed as to provide for mutually coordinated or joint parking, access and circulation systems. and shall include stub-outs and other design features as necessary to make it visually obvious that the abutting properties may be tied in to create a unified system. 1) Development Prior to Abutting Use: In the event that the building site is developed prior to development of an abutting property, it shall be designed to ensure that its parking, access and circulation may be easily tied in to create a unified system at a later date. 2) Existing Abutting Uses: In the event that the building site abuts an existing developed property, it shall be so designed as to tie into the abutting parking, access, and circulation to create a unified system unless the Community Development Director finds that this would be impractical. 3) One-Way Driveways: The Public Works Director shall be authorized to allow a pair of one-way driveways in lieu of a two-way driveway otherwise pennilted by this Part, where traffic flow will be improved as a result. - 4) Closing of Existing Curbcuts: Wherever a driveway or curbcut is pennilted in accordance with the requirements of the Access Management Classification System and Standards, access rights along the remaining roadway frontage may be dedicated to the City, or State of Oregon in the case of state Highways. All other nonconfonning, pre-existing driveways and curbcuts shall be closed and eliminated. In the case of a joint-use driveway. the property owner shall enter into an agreement with the City, recorded in the records of Marion County and. applying to any successors and assigns indicating that any pre-existing curbcuts on the building site shall be closed and eliminated after the construction of both sides of the joint-use driveway. COUNCIL BILL NO. 1776 Woodbum Access Management Ordinance - Page 12 ORDINANCE NO. 2186 ~,~"..,".,._.,,~.._---"._, ~"-~-r '1 f F. Tie-Ins to Abutting Property 1) Phased Development Under Same Ownership: Where the abutting properties are in the same ownership, no subdivision plat or site plan shall be approved unless all building sites within the affected area are made subject to the necessal)' easements, agreements and stipulations required by this Part, which shall be recorded as a binding lot agreement prior to the .issuance of any Building Pennits. 2) Leasing Situations: Where Individual building site(s) within an overall development site are leased rather than owned fee-simple, the development site shall be subject to all requirements of this Part. The owner of the development site and the lessee of the building site shall be jointly and Individually responsible for compliance with these requirements. Failure to comply shall be considered a violation of this Chapter subject to enforcement in accordance with Chapter 5 of the Woodburn Zoning Ordinance. 3) Where Unified Access and Circulation Is not Practical: The Community Development Director in coordination with the Public Works Director shall be authorized to modify the requirements of this part where he finds that abulling properties have been so developed that it is clearly impractical to create a unified access and circulation system within part or all of the affected area. Figure 6: Examples of Cross Access Conidor Design /"kEoUt CItOSS A<lCI5S DaVE J=Svf~: J~j!O:~ I~ --------------- A<XE5l5O<<!VE ~><l I ----:r- .<.can_ ....- y ~ DIM G. Shared parking areas may be allowed to reduce the required parking spaces if peak demand periods for proposed land uses do not occur at the same time periods. COUNCIL BILL NO. 1776 ORDINANCE NO. 2186 Woodburn Access Management Ordinance- Page 13 '~ ~' " H. Whenever a cross-access conidor is designated by the Community Development Director, no subdivision plat, site plan or other development shall be approved unless the property owners shall: 1) Grant an easement for successors and assigns. running with the land, allowing general cross-access to and from the other properties in the affected area. 2) Record an easement with the deed allowing cross access to and from other properties served by the joint use driveways and cross access or service drive. In addition. such easement shall specify that each unified access, cross-access, and/ or coordinated parking system will allow adequate access for service and loading vehictes to each business site, and such easement shall be recorded in the public records of Marion County and constitute a covenant for successors and assigns. 3) Record an agreement with the deed that remaining access rights along the roadway shall be dedicated to the City ofWoodbum and p~sting driveways shall be closed and eliminated. 4) Record a joint maintenance agreement with the deed defining maintenance responsibilities of property owners. Such agreement shall be recorded in the public records of Marion County and constitute a covenant for successors and assigns. Figure 7: Joint and Cross Accessl Use of Temporary Driveway ~ D<<MWA15 ......... --- ------. i I. I , I I. -- ! ....- SpocIoc 5) When it has been detennined that a pre-existing driveway shall be closed and eliminated, and/ or a new driveway constructed, the affected property owner shall sign an agreement with the City of Woodburn indicating such cost including all demolition, excavation, construction and landscaping shall be the sole responsibility of the property owner unless otherwise indicated by the City. I. The City of Woodburn and/or Oregon Department of Transportation may modify or waive the requirements of this section where the characteristics or layout of abutting properties would make development of a unified or shared access and circulation system impractical. COUNCIL B1LL NO. 1776 OROINANCE NO. 2186 Woodburn Access Management Ordinance - Page 14 " Section 8. Interchange Areas A. New interchanges or significant modification of an existing interchange will be subject to special access management requirements to protect the safety and operational efficiency of the limited access facility and the interchange area, consistent with the Woodbum Transportation System Plan as adopted and follow-up documents such as an Access Management Plan for the Interchange Area, Capital Improvement Plan, ODOrs Interchange Access Management Policy. or such plans deemed necessary for the implementation of the Woodbum Transportation System Plan. B. The distance to the first connection shall be at least 660 feet where the posted speed limit is greater than 45 mph or 440 feet where the posted speed limit Is 45 mph or less. This distance shall be measured from the end of the taper of the access point for that quadrant of the interchange. These spacing standards apply only to Interchanges between two city controlled facilities. Spacing standards for interchanges and interchange areas which connect to state highways shall conform with the standards shown in the ODOrs Interchange Access Management Policy or subsequent revision. Section 9. Access Connection and Driveway Design Standards A. Driveway standards for access along designated state highways within the city limits shall conform to the requirements of the Oregon Department of Transportation and the City of Woodbum Design Standards. B. Driveway approaches must be designed and located to provide an exiting vehicle with an unobstructed view. Construction of driveways along acceleration or deceleration lanes and tapers is discouraged due to the potential for vehicular weaving conflicts (see Figure 5). C. Driveway width and flare shall comply with Chapter 10 of the Woodbum Zoning Ordinance and shall be designed to adequately serve the volume of traffic, provide for rapid movement of vehicles off of the major roadway, but standards shall not be so excessive as to pose safety hazards for pedestrians, bicycles, or other vehicles. D. The distance from an intersection to a driveway opening or "Throat Length" (see Figure 8) shall be designed in accordance with the anticipated storage length for entering and exiting vehicles to prevent vehicles from backing into the flow of traffic on the public street or causing unsafe conflicts with on-site circulation. General standards appear in Table 4 but these requirements will vary according to the projected volume of the individual driveway. These measures generally are acceptable for the principal access to a property and are not intended for minor driveways. Variation from these may be allowed with adequate justification. which may require a report prepared by a registered traffic engineer, and approval of the City of Woodbum Public Worl<s Director. COUNCIL BILL NO 1776 ORDINANCE NO. 2186 Woodbum Access Management Ordinance - Page 15 .. Table 4: Generally Adequate Driveway Throat Lengths' Shopping Centers 200' > 200,000 GLA Smaller Developments 75'-95' ~ 200,000 GLA Unsignalized Driveways 40'-60' GlA: Gross Leasable Area in square feet Source: Vergl G. Stover. *The lengths shown are minimums. Actual design may require longer throat lengths as detennined by a transportation impact study. For developments and centers> 200,000 GLA the throat may be a public street Figure 8: Drivewayl Public street Throat Length IN'1'ERNAL 61'1'E DESIGN I!:D ~. B gf ~ ~ j Q Section 10. Requirements for Outparcels and Phased Development Plans A. In the interest of promoting unified access and circulation systems, development sites under the same ownership or consolidated for the purposes of development and comprised of more than one building site shall not be considered separate properties in relation to the access standards of this ordinance (see Figure 9). The number of connections pennitted shall be the minimum number necessary to provide reasonable access to these properties, not the maximum available for that frontage. All necessary easements, agreements, and stipulations required under Section 7 shall be met. This shall also apply to phased development plans. The subject property owner( s) within the affected area are responsible for compliance with the requirements of this ordinance. COUNCIL BILL NO 1775 ORDINANCE NO. 2186 Woodburn Access Management Ordinance - Page 16 .. . -- - - - - - - Figure 9' Outparcel B. All access to the outparcel must be intemalized using the shared circulation system of the principal development or retail center. Access to outparcels shall be designed to avoid excessive movement across parking aisles and queuing across surrounding parking and driving aisles. Figure 10: Driveway Placement Near Bus stops ~Dr"'_.yhr~ , I. .......-- I~ ........-- c&.Mu__. ~ .......""'- -.0'" -- , ~-- ..-..... ~u.....ce.u :u~. ! i ~:. -- 1..-_ H 1...-_ II L Section 11. Driveway Locations Near Bus Stops A. The placement and design of driveways shall provide for adequate distance from bus stops to prevent buses from blocking driveway.traffic or sight lines. In constrained situations, buses may block driveways if other access is provided to the property and sight distances are maintained. Section 12. Emergency Access A. In addition to minimum side, front, and rear yard setback and building spacing requirements specified in this ordinance, all buildings and other development activities such as landscaping, shall be arranged on site so as to provide safe and convenient access for emergency vehicles. Section 13. Nonconforming Access Features A. Permitted access connections in place as of date of adoption that do not conform with the standards herein shall be designated as nonconforming features and shall be brought into compliance with applicable standards under the following conditions: 1) When new connection permits are needed 2) When site plan review is required 3) When a significant change in trip generation of 25 additional trips per peak hour or greater has been identified (see Section 4. Definitions) by one of the fOllowing methods; COUNCIL BILL NO 1776 ORDINANCE NO. 2186 Woodbum Access Management Ordinance - Page 17 ......_..... <..~.._ ,,-h" .~ a) an estimation based on the ITE Trip Generation Manual (latest edition) for typical land uses or b) a traffic imoact analvsis for a specific development as required under this Ordinance or c) actual traffic monitoring conducted during the peak hour of the adjacent street traffic for the property. (i) Such estimation shall utilize a proportional share approach. For example, the manual indicates that a 20,000 sq ft buDding materia/sf supply store generates 65 peak hour trips. If a building of this size were to expand by 5,000 sq ft, an estimated change in peak hour trips for the expanded facility would be 5,0001 20,000 x 65 = 16 (new trips due to expansion). B. If the principal activity on a property with nonconfonning access features is discontinued for a period of one year, then that property must thereafter be brought into confonnity with all applicable connection spacing and design requirements, unless otherwise exempted by the pennitting authority. Section 14. Corridor Access Management Overlay A. Zone 1 as delineated in Table 5 shall cany with it the following access restrictions; 1) The Industrial Sales (IS) zoned property south of Industrial Ave. along 99E shall be restricted to driveway access points on National Way and Industrial Way. 2) That area north of Industrial Ave. may have no more than one additional public road accessing Highway 99E, located no less than 1000 feet north of Industrial Way. Table 5: Corridor Overlav Zones Zone 1 99E (east side of highway from north city limits to southern boundary of Industrial Sales (IS) properties) Section 15. Double Frontage and Alleys A. Access to double frontage lots other than residential shall be required on the street with the higher functional classification. B. Access to double frontage lots zoned residential shall be required on the street with the lower functional classification. C. Alleys may also be a way to serve double frontage lots for residential access. They provide direct access to multiple properties by accessing side streets, not the major roadway (see Figure 4). COUNCIL BILL NO 1776 ORDINANCE NO 2186 Woodburn Access Management Ordinance - Page 18 '~ .' .~ - Figure 11: Double Frontage .......- .Jr. -L -.... Section 16. Flag Lot standards A. Flag lots shall not be pennitted when their effect would be to increase the number of properties requiring direct and individual access connections to the State Highway System or other arterials (see Figure 12). Interior parcels shall be required to obtain access via a public or private access road in accordance with the requirements of this ordinance. . ~ Avoid I PIlVAJEIOAD a I'.eferred .. . ~ __......k.._...8ae1oCs. Figure 12: Flag Lots and Alternative Access B. Flag lots shall not be pennitted on designated arterials within the City Urban Growth Boundary. C. Flag lots may be pennitted for residential development, when deemed necessary to achieve planning objectives, such as reducing direct access to roadways, providing intemal platted lots with access to a residential street, or preserving natural or historic resources, under the following conditions: 1) Flag lot driveways shall be separated by at least twice the minimum frontage requirement of that zoning district. 2) The flag driveway serving one dwelling unit, shall have a minimum improved width of 24 feet. COUNC1L BILL NO 1776 ORD INANCE NO. 2186 Woodburn Access Management Ordinance - Page 19 ~ ,...,,- '~~"'''''T",.", ..----, -.........".-.. ., Section 17. Shared Access A. Subdivisions with frontage on the state highway system shall be designed into shared access points to and from the highway. Normally a maximum of two accesses shall be allowed regardless of the number of lots or businesses served (see Figure 13). B. Direct access to ind"Mdual one and two family dwellings is to be avoided and all other reasonable access alternatives are to be investigated and judged unacceptable by the Public Works or Community Development Director prior to allowing direct access to a state highway. Figure 13: Shared Access on Major Roadways Section 18. Connectivity A. The street system of a proposed subdivision shall be designed to coordinate with existing, proposed, and planned streets outside of the subdivision as provided in this section. B. Wherever a proposed development abuts unplatted land or a future development phase of the same development, street stubs shall be provided as deemed necessary by the City of Woodburn to provide access to abutting properties or to logically extend the street system into the surrounding area. All street stubs shall be provided with temporary tum-arounds or cul-de-sacs unless specifically exempted by the Public Works Director, and the restoration and extension of the street shall be the responsibility of any future developer of the abutting land. c. Collector streets shall intersect with collector or arterial streets at safe and convenient locations and at intervals which meet the standards set forth in Section 5. COUNCIL BILL NO 1776 OROINANCE NO. 2186 Woodburn Access Management Ordinance - Page 20 " ~ . D. Local residential access streets shall connect with surrounding streets to permit the convenient movement of traffic between residential neighborhoods or facilitate emergency access and evacuation, but such connections shall not be permitted where the effect would be to encourage the use of such streets by substantial through traffic. Section 19. Private Roads A. Private roads may be permitted in accordance with the requirements of this section and the following general standards shall apply: 1) Private roads that by their existence invite the public in shall have all traffic control features, such as striping or markers, in conformance with the Manual of Uniform Traffic Control Devices. 2) All properties served by the private road shall provide adequate access for emergency vehicles and shall conform to the approved local street numbering system. 3) All private roads shall be designated as such and will be required to have adequate signage indicating the road is a private road and not publicly maintained. 4) All private roads shall have a posted speed limit that complies with Oregon State Traffic Laws. 5) All private roads shall have adequate provisions for drainage and stormwater runoff. All private roads shall be approved by the Director of Public Works. B. Applications for subdivision approval that include private roads shall include a drainage plan and road construction plan, prepared by a registered engineer. The City of Woodbum Public Works Official shall review private road plans for conformance with this ordinance. C. Construction permits are required for connection to public roads. Application for road construction shall be made concurrent with the creation of a lot that does not have frontage on a public road. A road construction permit shall be issued after approval of the private road plan and the entire length of the road shall be inspected during construction and upon completion. If found in conformance, a final use permit shall be issued. D. No building permit shall be issued for any lot served by a private road until the private road has been constructed and approved, so that all lots to be served by the private road have access to a public road. E. A road maintenance agreement, shall be reviewed by the City of Woodburn and the agreement be recorded with the deed of each property to be served by a common private road. The agreement shall provide for: 1) A method to initiate and finance a private road and maintain that road in good condition; 2) A method of apportioning maintenance costs to current and future users; 3) A provision that the City of Woodburn may inspect, and if necessary, require that repairs be made to the private road to ensure that safe access is maintained for emergency vehicles. If required repairs are not made within six months of date of notice, the City of Woodburn may make the necessary repairs and assess owners of parcels on the road COUNCIL BILL NO 1776 ORDINANCE NO 2186 Woodburn Access Management Ordinance - Page 21 '~ , "-, .- .......~ " " for the cost of all improvements plus an administrative fee, not to exceed 25% of total costs; 4) A provision that the majority vote of all property owners on the road shall detennine how the road is maintained except in the case of emergency repairs as outlined above; 5) A statement that no public.funds shall be used to construct, repair, or maintain the road; 6) A provision requiring mandatory upgrading of the roadway if additional parcels are added to reach specified thresholds; and 7) A provision that property owners along that road are prohibited from restricting or in any manner interfering with normal ingress and egress by any other owners or persons needing to access properties with frontage on that road. F. No private road shall be incorporated into the public road system unless it is built to public road specifications of the City of Woodburn. The property owners shall be responsible for bringing the road into confonnance. G. All private roads shall have a sign and name meeting City of Woodbum standards and shall include the following notice: "Private Road" "Not maintained by the City of Woodburn". H. An application fee will be established by the Director of Public Works to cover administrative, processing, and inspection costs. I. All purchasers of property served by a private road shall, prior to final sale, be notified that the property receives access from a private road that shall be maintained collectively by all property owners along that road; that the City of Woodbum shall not be held responsible for maintaining or improving the private road; and that a right-of-way easement to provide the only access to that property has been recorded in the deed for that property. Section 20. Regulatory Flexibility A. The Planning Commission may pennit departure from dimensional lot, yard, and bulk requirements of the zoning district where a subdivision or other development plan is proposed to encourage creativity in site design, protect natural resources, and advance the. access objectives of this Ordinance. Such regulatory modifications under this section are not subject to variance approval by the Planning Commission. Section 21. Review Procedures A. See Zoning Ordinance Chapter 11 regarding site plan review procedure. B. The City of Woodburn and/or the Oregon Department of Transportation reserves the right to require a traffic impact study (TIS) where safety is an issue, or where significant problems already exist, or where there are potential significant impacts to the existing street system. C. Upon review of the access application, and lor TIS, the City of Woodbum Planning Department may approve the TIS under application, approve with conditions, or deny the application andlor TIS. COUNCIL BILL NO 1776 ORDINANCE NO 2186 Woodbum Access Management Ordinance - Page 22 ~ ,.-......... ,_....._,..._,....,.,.~,... " D. Any application that involves access to the state highway system shall be reviewed by the Oregon Department of Transportation (District 3 Office) for conformance with the State Access Management Policy and Standards. Where the applicant requires access to the State Highway System, development review shall be coordinated with the Oregon Department of Transportation, as follows: 1) , The City of Woodbum Planning Department shall inform the developer what information will be required for access review. Infonnation required' of the applicant may vary depending upon the size and timing of the development, but shall at a minimum meet the requirements of this section. The City of Woodbum Planning Department may review the application for confonnance with the provisions of this ordinance and provide a written evaluation and recommendation for approval, approval with conditions or denial of approval to the Oregon Department of Transportation for their consideration. 2) Upon review of the application, the Oregon Department of Transportation shall advise the City of Woodbum Planning Department whether to approve the access application as submitted, approve with additional conditions, or deny the application. E. If the application is approved with conditions, the applicant shall resubmit the plan with the conditional changes made. The plan, with submitted changes, will be reviewed within 10 working days and approved or rejected. Second applications may only be rejected if conditional changes are not made. F. If the access pennit is denied, the City of Woodbum shall provide an itemized letter detailing why the application has been rejected. G. All applicants whose application is approved, or approved with conditions, have thirty days to accept the pennit. Applicants whose permits are rejected or approved with conditions have ten (10) days to file an appeal with the Planning Commission. H. The city will notify and involve OooT in the site plan review process for any major generators or other development not directly accessing a state highway but impacting existing intersections or connections. Section 22. Appeal Process A. In the event that the applicant is not satisfied with the decision of the City of Wood bum Planning Department and! or the Oregon Department of Transportation (OOOT) relevant to access to the state highway system, an appeal must be filed within ten (10) days of receiving the itemized letter from the City indicating the rejection or approval with conditions. B. The appeal must be presented in writing to the City of Wood bum Planning Department and dearly indicate why the decision rendered is not in confonnance with a specific subsection of this ordinance. Such appeal shall be scheduled for public hearing and reviewed by the Planning Commission. C. Any such appeal shall adhere to those requirements in Chapter 12 (Adjustments) and Chapter 7 (Public Hearings) of the Woodbum Zoning Ordinance. D. An appeal of an access decision to a state highway must be directed to the OooT Region 2 Manager for consideration through the Region 2 access review process. COUNCIL BILL NO 1776 ORDINANCE NO 2186 Woodbum Access Management Ordinance - Page 23 '~ ",_..~.. ',~__.~_..,.,.__._.o " Section 23. Adjustments A. The granting of an adjustment shall be in harmony with the purpose and intent of these regulations and shall not be considered until every feasible option for meeting access standards is explored. B. Applicants for an adjustment from these standards must provide proof of unique or special conditions that make strict application of the provisions impractical. This shall include proof that: 1) indirect or restricted access cannot be obtained; 2) no engineering or construction solutions can be applied to mitigate the condition; and 3) no altemative access is available from a street with a lower functional classification than the primary roadway. C. Under no circumstances shall an adjustment be granted, unless not granting the adjustment would deny all reasonable access, endanger public health, welfare or safety, or cause an exceptional and undue hardship on the applicant. No adjustment shall be granted where such hardship is self-created. Section 24. Emergency Clause This ordinance being necessary for the immediate preservation of the public peace, health and safety, and emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Section 25. Legislative Findings The adoption of this Access Management Ordinance is based upon findings and conclusions attached to this ordinance as Exhibit "An which is, by this reference, incorporated herein. Approved as to form(/1 /jVf ;t<J 2 - 0 -17- City Attomey Date Passed by the Council February Submitted to the Mayor February 10, 1997 February 10, 1997 / Approved by the Mayor Filed in the Office of the Recorder February 10, 1997 ATTEST: !!1-------- ~ b.y~~:st- Mary Te ant, City Recorder City of Woodburn, Oregon COUNCIL BILL NO 1776 ORDINANCE NO 2186 WODdburn Access Management Ordinance - Page 24 c:\accmng ACCESS MANAGEMENT FINDINGS AND CONCLUSIONS 1. The Planning Commission conducted a public hearing in this matter on November 14, 1996 and recommends adoption of the Access Management Plan by the City Council. 2. The Plan provides and manages access to developed and undeveloped land, while preserving the flow of traffic in terms of safety and capacity. 3. The Plan also controls access to service collectors and residential streets to ensure safe passage to vehicles and pedestrians alike. 4. Access control is a critical component of maintaining operation of the transportation system. 5. The Access Management Plan implements the goals and policies of the Woodburn Transportation System Plan (Goal 2, Policy 3; Goal 3, Policy 1; and GoalS, and new plan Policy 4 - Access Control Policies and Guidlines 4, 4 (a), 4 (b) and 4 (c). 6. The planning policies of the Oregon Department of Transportation set forth in the Oregon Highway Plan (OHP). 7. The Plan also confirms with the access classification system and standards of the Oregon Department of Transportation, the Access Management Policy Guidelines of the 1991 Oregon Highway Plan, and Policy and Planning Directives of the Federallntermodal Surface Transportation Efficiency Act of 1991, Oregon Highway Plan, and Policy and Planning Directives of the Federal Intermodal Surface Transportation Efficiency Act of 1991. 8. The Plan specifically addresses OAR 660-12-045 (c)(2)(a), which directs local govemments to adopt land use or subdivision regulations to protect transportation facilities for their identified use and provide access control measures consistent with the functional classification of roadways. Conclusion: The Access Management Plan Conforms to the Oregon Transportation Rule (TPR), OAR 660 Division 12. .:\access,fin 1/23/97 Page 25 - COUNCIL BILL NO 1776 ORDINANCE NO. 2186 EXHIBIT "N' ..~ ~ .,.,