Res 1745 - Review Dev. Ord.
COUNCIL BILL NO. 2489
RESOLUTION NO. 1745
A RESOLUTION TO INITIATE THE ANNUAL REVIEW OF THE WOODBURN
DEVELOPMENT ORDINANCE.
WHEREAS, city staff of the City of Woodburn has prepared an outline of the issues to be
addressed in the update of the Woodburn Development Ordinance (WDO) in Exhibit "A" at the
direction of the Woodburn City Council; and
WHEREAS, city staff of the City of Woodburn is directed by the City Council to prepare
draft revisions ofthe WDO to address the issues outlined in Exhibit "A"; and
WHEREAS, Section 4.101.17 of the Woodburn Development Ordinance requires the City
Council to initiate the legislative amendment process by resolution; NOW THEREFORE:
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. Pursuant to Woodburn Development Ordinance Section 4.101.17, the annual
review of the Woodburn Development Ordinance is initiated and staff is directed to prepare draft
revisions to the WDO to address the issues outlined in Exhibit "A."
APprovedastoForm?7(Yq-~ /2- 'I-ZoO:!
City Attorney Date
/
/'
Passed by the Council
December 8, 2003
Submitted to the Mayor
December 10, 2003
Approved by the Mayor
December 10, 2003
Filed in the Office of the Recorder
December 10, 2003
ATTEST 1Y1~--r~
I Mary~nnant, City Recorder
Page 1 - COUNCIL BILL NO. 2489
RESOLUTION NO. 1745
Exhibit U A"
WOO UPDATE
CODE LOCATION
Section 1.101.06, Page
1.1-2
1.104.04, Pages 1.1-23 & 24
Section 1.1
1-20
Section 2.203.15, Pages 2.2-16 to 22
1.7, Page 2.1-26
Table 2
.......w..~
This provision is fairly common in
zoning ordinances but may create
legal problems.
Home owners in the CG zone have
not been able to refinance their
homes because the WOO specifies
that non-conforming single family
dwellings cannot be rebuilt in the
CG zone.
Amend the code so that a change
or expansion of an existing use
triggers the wall and refuse
facilities requirements in the code.
Allow the RIS zone to have the
same lot coverage standard as the
Single Family Residential (RS)
zone.
Mayor Figley proposes that this
issue be addressed.
Ensure that changes in state law
regarding Manufactured Dwelling
Parks are accurately reflected in
the WOO.
A single family dwelling currently
has to meet the same setback
requirements as a multifamily
building in the Medium Density
Residential (RM) zone. Staff are
recommending that the RM zone
PItOPOSED POLtCYCHAI
1. Section 1.101.06 regarding improper
1-24
04.05, Page
Section
be deleted
(CG)
2. Allow non-conforming single family dwellings in the Commercial General
zone to be rebuilt if destroyed.
permits being void should
04.05 to include walls and refuse facilities.
3. Amend Section 1.1
103.07.G, Page 2
Section 2
4. Amend lot coverage in the Retirement Community Single Family Residential
(RIS) Zone to allow a maximum of 40% for lots containing a primary building with
an average height of 14 feet or less, and a maximum of 35% for lots with a
primary building with an average height of more than 14 feet.
5. Allow for exceptions to the front yard setback for small structures (Le. -
trellises, arbors, pergolas and archways).
6. Update Manufactured Dwelling Park standards to
state law.
with
them consistent
make
7. Table 2.1.7 requires a minimum 24 foot, 30 foot and 36 foot interior yard
setbacks for single and two family dwellings. This should be revised to apply RS
standards to these uses.
PAGE
WDO UPDATE
WOO UPDATE
Section 2.105.05.C.1.a.2, Page 2.1-35 &
Section 2.106.05.C.1.a.2, Page 2.1-45
18
Page 2.1-51
1-53
Section 2.201.03.8. Page 2.2-2
Section 3.1
Pages 3.1-17 &
E.1,
L.3, Page 2
04.01
107.01
1 07.Q1
Section 2
Section 2
be revised so that the single family
dwelling setback standards in the
RS zone apply to single family
dwellings in the RM zone.
Staff would like more flexibility in
applying the 150 foot maximum
yard setback based on the size and
shape of a commercial lot and the
existing buildings on a commercial
site.
Check cashing and pawnshops
were outright permitted in the CG
zone in the WZO. Check cashing
and pawnshops are conditional
uses in the CG zone in the WOO.
Was this provision supposed to be
changed with the adoption of the
WOO?
The Woodburn Zoning Ordinance
prohibited bars and taverns in the
DOC district. Bars and taverns are
allowed in the DOC district per the
WOO. Was this provision
supposed to be changed with the
adoption of the WOO?
Address the issue of reducing the
setback of a fence on the side and
rear of a lot that abuts a street if the
vision clearance standards are met.
In two appellate court decisions it
was found that the nexus did not
8. Move the provision in the commercial zones that the maximum yard abutting a
street shall be 150 feet to the architectural guidelines section of the WOO where
this provision would be a .should."
9. Clarify what the finance and insurance use mean because it is not clear. Also.
all zones prohibit check cashing, pawnshops, etc. except in the CG zone where it
is a conditional use. Was this intended?
10. Prohibit bars and taverns in the DOC district.
11. Revise fence height on a corner and through lot (side and rear yard abutting
a street). Amend the fence and freestanding walls section of the code to clarify
that the setback of fences and walls applies only to front yards adjacent to a
street and not any lot line adjacent to a street.
12. Remove the requirement that property line adjustments be subject to the
access .Q..ermit requirement and link the access section to the street section of the
PAGE 2
woo UPDATE
WOO UPDATE
Section 3.104.01, Pages 3.1-17
Section 3.104.02. Page 3.1-18
PAGE 3
exist between a street improvement
and a property line adjustment.
There is not a link in the access
section to the street section of the
WDO.
A building permit for a single family
dwelling, administrative design
review request and a partition
request are examples of Type I and
II applications. These types of
applications currently trigger the
public hearing process through an
exception or variance application if
the dedication of the full right of
way and street improvements
cannot be met. Staff is proposing
that exception and variance
requests be processed through the
administrative decision making
process if these applications are
processed concurrently with a Type
I or Type II application because the
application fee and time required to
process the exception or variance
request is reduced if it is an
administrative process.
A 24 foot wide drive-through and
by-pass lane is wider than what is
necessary. It is difficult for an
applicant to meet the 24 foot wide
drive-through and by-pass lane
WDO.
13. Change the Exception and Variance Type III application for the dedication of
right of way and street improvements to a Type II application if it is processed
concurrently with a Type I or II application.
14. Reduce the 24 foot by-pass lane width for a drive-through.
WDO UPDATE
WOO UPDATE
Section 3.105, Pages 3.1-27 to 36
Table 3.1.4, Page 3.1-36
1-39
Page 3
1
Section 3.106.03.C
Section 3.106.04, Page 3.1-40
Section 3.107, Pages 3.1-43 to 66
B.S. Page 3.1-67
Section 4.102, Page 4.1-24
video rental business operates
more like a retail use than an office
use. Code needs to be revised to
reflect this.
Need direction in the code
regarding this problem.
The compact parking stall width
needs to be changed to accurately
reflect a compact parking stall
width.
Address the issue of requiring
parking lot landscaping for uses in
the P/SP zone as is required in the
commercial and industrial zones.
Address the issues of how to
amend conditions of approval to
save a significant tree and creating
a tree mitigation fund or give the
replacement trees to the City to
plant.
Address the issue of removing non-
livable spaces in single family
dwellings from the window
calculation requirement.
Currently, the WOO does not have
a provision that would allow staff to
require a masonry wall on a
subdivision where lots have
frontage on a non-local street.
Have legal staff propose changes
when a use doesn't fit in a
feet to 7.5 feet to match the
19. Parking section needs to state what happens
specific parking category.
20. Change the compact parking stall width from 9
7.5 curb length for the 90 degree aisle.
Add parking lot landscaping standard for the P/SP zone.
21
22. Revise Conservation of Significant Tree section of the WOO in regard to tree
mitigation fund and how to amend conditions of approval to save a significant
tree.
Section 3.108.01
23. Refine Architectural Standards. Section 3.107.03 (F) should be modified to
read: "At least 15 percent of the fa~e wall surface. excluding roofs and the
triangular wall area under a gable roof, and the garage faltBde of a dwelling unit
facing a front lot line shall be windows..
24. Add under the buffer wall requirement that a masonry wall should be
constructed on single family subdivisions where lots have frontage on a non-local
street.
25. Consider revising Section 4.102 in regard to appeals based upon our
PAGE 5
WDO UPDATE
WOO UPDATE
Page 5.1-18
Section 2.1 02.06.C.b.1, Page 2.1-9 (RS
Zone), Section 2.103.06.C.1.b.1, Page
2.1-17 (RIS Zone), Section
2.104.06.C.1.b.1, Page 2.1-25 (RM
Zone), Section 2.105.05.C.1.b.1, Page
2.1-35, (CO Zone), Section
2.1 06.05.C.1.b.1, Page 2.1-45 (CG
Zone), Section 2.109.06.C.1.b.1, Page
2.1-62 (IP Zone), Section
2.110.06.C.1.b.1, Page 2.1-70 (IL Zone),
& Section 2.111.05.C.1.b.1, Page 2.1-77
(P/SP zone)
1-21
&2
Section 5.102.05, Page 5
Section 5.1 02.02.A.1
after receiving input from staff.
It is unclear if an expansion over
1,000 square feet would trigger an
administrative design review
request because they are adding
less than 10% of gross floor area of
the existing building.
Council direction to clarify.
Should storage and display be
more clearly addressed in the
allowed use sections of zones?
Address the issue of whether a
parking setback is needed from a
wall.
experience with this section.
26. Clarify Section 5.1 02.02.A.1 &2 regarding the trigger for an administrative
design review request.
27. Get policy direction on how Residential Architectural Standard Substitution
should be interpreted.
28. Clarify how storage and display are addressed.
29. Revise code to allow parking in a required setback adjacent to a wal
PAGE 6
Should parking be allowed on the
rear of a through lot? Currently no
parking is allowed in the 20 foot
setback on the rear of a through lot
adjacent to a street. Should a
property owner be allowed to have
more useable space on the rear of
30. Address setbacks and parking on a through lot.
WDO UPDATE
WOO UPDATE
Section 5.101.04.0.2, Pages 5.1-4 & 5
Section 5.101.05.0, Pages 5.1-6 to 8,
Section 5.101.06.0, Pages 5.1-9 to 11,
Section 5.101.07.0.1, Page 5.1-12,
Section 5.101.09.0, Page 5.1-14
a through lot?
Need to clarify what is being
certified by various officials.
31. Clarify the certification process related to review of plats & covenants for
Manufactured Dwelling Park Final Plan Approval, Partition Final Plan Approval
Planned Unit Development Final Plan Approval, Property Line
Adjustment/Consolidation of Lots and Subdivision Final Plat Approval
Need to add a provision in the
WOO to regulate portable toilets
since portable toilets are no longer
regulated by the City's Nuisance
Ordinance.
Address grading permit in the WDO
to strengthen criteria.
Address transportation impacts of
development.
Address the issue of businesses
not allowing competitors to buy or
lease their big box stores.
32. Add Portable Toilet provision to the WDO.
33. Grading Permit
would not be allowed to exclude
34. Concurrency
35. If a big box store is vacated, then it
competitors as a condition of approval
1-2
lots.
lanes.
1.
2.
3.
4.
5.
3
to 27
Pages 6.104-1
04
Section 6.1
to be made In the Health Care and
6. Check and revise Use Classifications in the WDO. Corrections need
Social Services (62) table.
PAGE 7
WDO UPDATE
WDO UPDATE
7. It would be beneficial to show a curvilinear lot and how it would be determined to be an interior or comer Figure 6.2, Page 6.102-2
lot.
8. Stall depth (F) is not shown in Figure 6.10. Correct mistakes in the diagram. Figure 6.10, Page 6.102-10
1. In regard to the definition of Mobile Food Services, replace "Section 2.203.16"
2. Add "attached" after "Figure 6.6 and Section 3.104.0S"
3. Delete "banks" after "use"
4. Replace "71391" with "71394"
S. "Definitions" should not be repeated twice.
6. Delete "commercial" after "from" and before "or"
7. Replace "abutting street(s)" with "connecting street(s)" after "and" and before "are"
8. Insert "that" between "lots" and "are"
9. Replace "Exist" with "Exit"
10. Change"f' to "6"
11. Delete "Partition and Subdivision Standards (See Figure 6.11)"
12. Insert "be" after "may" and before "flexible"
13. Exception to Street Right of Way and Improvement Requirements is a Type III decision and not a Type
decision.
14. Residential Architectural Standards Substitution is a Type II and not a Type I decision.
1S. Delete "statement" after "narrative" and before "statement"
16. "S.1 02.103" should be "S. 1 02, 5.103 and S.1 04"
17. Insert "initial evidentiary" after "all" and before "public hearings. and after "Type III" and before "hearing
Replace "City" with "Director" after "the" and before "shall." Insert "initial evidentiary" after "the" and before
"hearing".
18. Delete "to" and "a" after "before" and before "public hearing." Insert "an initial evidentiary" after "before"
and before "-ublic hearina." Delete "Community DeveloDment" after "the" and before "Director".
17"
Section 2.203.
with
13
Table 4.1,
Section 4.
Section 4.
Section 4.
Section 4.101.09.A.3, Pages 4.1-13
PAGE 8
WDO UPDATE
WOO UPDATE
19. Delete "a" before "public" and after "of." Insert "an initial evidentiary" after "or and before "public hearing" Section 4.101.09.8, Page 4.1-14
20. Insert "or review" after "all" and before "hearings." Delete "i" in "parities" after "other" and before "shall." Section 4.101.12, Page 4.1-19
Insert an "s" at the end of "call" after Council and before "a." Add a period at the end of the second to the last
sentence after "allow" and before "The." Delete "persons" after "record" and before "applicable".
21. Delete "nof after "has" and before "been" Section 4.102.03, Page 4.1-26
22. Remove .01 at the end of Section 3.107.01 Section 5.101.D, Page 5.1-2
23. Insert "not" after "are" and before "limited" Section 5.102.03.C.2, Paae 5.1-19
24. Insert "a" before "special" and after "be" Section 5.103.04.C.1, Page 5.1-27
25. Remove "a" before "formal" and after "a" Section 5.104.03, Page 5.1-44
PAGE 9
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12/03/03
WDO UPDATE