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February 22, 2021 Agenda ERIC SWENSON,MAYOR CITY OF WOODBURN DEBBIE CABRALES,COUNCILOR WARD I ALICE SWANSON,COUNCILOR WARD II CITY COUNCIL AMENDED ROBERT CARNEY,COUNCILOR WARD III SHARON SCHAUB,COUNCILOR WARD IV AGENDA MARY BETH CORNWELL,COUNCILOR WARD V BENITO PUENTE JR.,COUNCILOR WARD VI FEBRUARY 22, 2021- 7:00 P.M. VIA VIDEO CONFERENCING 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. PUBLIC HEARING A. Public Hearing for ANX 2020-04 & ZC 2020-03 "SWIR Annexation - 1 Weisz Properties" Recommended Action: Open the public hearing and make a motion to postpone this item to March 8, 2021 . 4. UPDATE ON ICE STORM EVENT 5. GENERAL BUSINESS A. Council Bill No. 3143 - An Ordinance Providing for Alternative Permitting 21 Procedures for a Period of 90 Days; Providing for the Removal of Certain Imminently Dangerous Trees as Defined by this Ordinance; Temporarily Suspending Certain Enforcement Actions; Waiving Permit Fees; and Declaring an Emergency Recommended Action: Adopt the ordinance. 6. ADJOURNMENT COUNCIL GOALS 2019-2021 Thematic Goals 1. Create an inclusive environment where residents participate and are engaged in the community(that is vibrant,safe and active). This facility is ADA accessible. If you need special accommodation, please contact the City Recorder at 503-980-6318 or Statewide To//Free Relay (800) 735-1232, at least 48 hours prior to this meeting. Si usted necesita asistencia especial, comuniquese al 503-980-6322 o a la linea telef6nica gratuita, (800) 735-1232, con un minimo de 48 horas, antes de la reuni6n. **Habra int6rpretes disponibles para aquellas personas que no hablan Ingl6s, previo acuerdo. Comuniquese al (503) 980-6322.** February 22, 2021 Council Agenda Page i 2. Promote an environment that encourages sustainable economic health maximizing our geographic, workforce, cultural and community assets. Strategic Goals 3. Create an inclusive environment where Woodburn residents want to participate and are engaged in the community. 4. Develop innovative funding sources to help support the completion of capital improvement projects. 5. Grow and support strategic partnerships for economic health. 6. Explore the development of a non-profit consolidation facility. 7. Improve Communication and Coordination with School District on matters of mutual interest. 8. Completion of the First Street remodel. 9. Completion of Phase 1&2 of the Community Center Project including the formation of an ad hoc steering committee to review and recommend design. 10. Creation of the Dick Jennings Community Leadership Academy. 11. Develop a strategy to limit PERS liability. 12. Establishment of a Woodburn 20 year community-visioning plan. February 22, 2021 Council Agenda Page ii �'I'1 r I Iii♦ r} Y 9M& Its BU Pri,a�arrt rr rf aA'!87 February 22, 2021 TO: Honorable Mayor and City Council through City Administrator FROM: Chris Kerr, Community Development Director SUBJECT: Public Hearing for ANX 2020-04 & ZC 2020-03 "SWIR Annexation - Weisz Properties" RECOMMENDATION: Open the public hearing and make a motion to postpone this item to March 8, 2021 . BACKGROUND/DISCUSSION: Due to the recent ice storm causing emergency circumstances in Woodburn, staff is recommending postponing the public hearing for the "SWIR Annexation - Weisz Properties" (ANX 2020-04 & ZC 2020-03) to March 8. FINANCIAL IMPACT: By opening the public hearing and making a motion to continue it, the City saves the additional costs re-noticing the hearing and delaying the development application. Attachments: Land Use Hearing Packet Agenda Item Review: City Administrator_x_ City Attorney_x Finance—X- 1 u .'49M& Item 8U a 1,d f;'! 7 February 22, 2021 TO: Honorable Mayor and City Council through City Administrator FROM: Chris Kerr, Community Development Director SUBJECT: Annexation of three lots totaling approximately 73 acres of land within the Southwest Industrial Reserve (SWIR) overlay district (ANX 2020-04) and Zoning Map Change (ZC 2020-03) to update the zoning map to reflect the annexation RECOMMENDATION: Conduct a public hearing and make a motion to tentatively approve the land use applications, directing staff to submit an ordinance for consideration at the next City Council meeting. BACKGROUND: The item before the Council is action on an Annexation and Zoning Map Change application package (ANX 2020-04 & ZC 2020-03) by Mackenzie on behalf of Specht Woodburn LLC. The subject properties are Tax Lots 052W 140000200, 600, and 800 (no assigned addresses) and are located within the Southwest Industrial Reserve (SWIR) overlay district. The lots total approximately 73 acres of undeveloped farmland. The territory is eligible for annexation because it is within the City urban growth boundary (UGB). Upon annexation, the City would need to designate the property with City zoning. The Comprehensive Plan land use map designates the territory Industrial and within the SWIR overlay district. Per Comprehensive Plan Policy Table 1 , the default compatible zoning district is the SWIR zoning district, which the applicant accepts. No development is proposed with this application package. The Planning Commission on January 14, 2021 heard and unanimously recommended approval of the application package. The applicant's team and one resident (Stephen Rippeteau, 562 Prairie St, Woodburn, OR, 97071 ) were the only individuals to testify at that hearing. Mr. Rippeteau shared concerns about 2 future industrial development of the properties and how the adjacent residential properties will be protected from noise, heavy truck traffic, and other disturbances. DISCUSSION: Annexation is a policy decision by the Council and is also a land use decision under Oregon law. Decision-making criteria for annexation are in Woodburn Development Ordinance (WDO) 5.04.01 C. The attached Planning Commission staff report of January 14, 2021 addresses the criteria and finds them met. FINANCIAL IMPACT: Annexing the territory into city limits would subject it to City taxing authority, including property tax that generates the largest source of funding for general fund services such as the library, policing, and parks and recreation. The City permanent tax rate is $6.0534 per thousand dollars - equal to a millage rate of 6.0534 mils - as set by Oregon Ballot Measure 50 in 1997-98. The property is undeveloped farmland. The table below simplifies and grossly estimates tax revenue: Tax Lot Number Marion County Assessed Value Gross Estimate of City Property (AV) Tax (6.0534 mils) 052W140000200 $13,170 $79.72 052W140000600 $20,090 $121.61 052W140000800 $76,030 $460.24 Total: $661.57 The estimate neither accounts for how the City might assess property value differently than Marion County nor excludes the unknown cost of providing basic utility services to the properties that the City does not already provide. Crucially, future site development would increase the assessed valuation (AV) while also increasing City utility and other service costs. Attachments: 1 . Planning Commission January 14, 2021 Staff Report z 3 e ODBURN I n c o r p o r a I e 41 1889 Staff Report To: Planning Commission Through: Chris Kerr,AICP, Community Development Director -f ' From: Dan Handel,AICP,Associate Planner Meeting Date: January 14, 2021 (Prepared January 7, 2021) Item: SWIR Annexation -Weisz Properties (ANX 2020-04 &ZC 2020-03) Tax Lots: 052W140000200, 600, &800 _.... �f,�rw r �I10 : � a ar ,W T a 1033 3V' P' w,r utra�.�s FMIN Wrwr :.. 10300,030 � f a Proposed r+ se gree n ...n.0 .✓ �/' INPbI I IW.iR^�'� r��.. .Ff:!"A Yur r�� iNV Wiwbv .,� y t"Ir'b4"F,h�tr"'Iwww, Marion County Assessor Tax Map with subject properties highlighted. 4 Issue before the Planning Commission Action on a Type IV application package: Annexation ANX 2020-04 and Zone Map Change ZC 2020-03. The City Council is the final decision-making body on Type IV applications. The Planning Commission's task is therefore to make a recommendation on the application package, which staff will forward to the Council for its review, deliberation, and decision. Executive Summary The proposed annexation includes three properties located at southwestern city limits with a total area of approximately 73 acres. Two of the properties are west of Interstate 5 along Butteville Road,while the third is east of 1-5 and south of Stacy Allison Way and the Paradise Point subdivision. These properties were included in the latest expansion of the urban growth boundary (UGB), which was adopted by City Council on December 14, 2015 via Ordinance No. 2530.There are no assigned addresses to any of the properties. All are undeveloped farmland with no known environmental constraints. The subject properties are classified as Industrial by the Woodburn Comprehensive Plan and are within the Southwest Industrial Reserve (SWIR) and Interchange Management Area (IMA) overlay districts. No development is proposed at this time.The applicant is requesting the annexation and zone map change to better prepare the site for development at a later time. Development within the SWIR overlay district is guided by the SWIR Master Plan adopted by City Council on December 11, 2017 (Resolution No. 2110). Annexation territory outlined in purple. ANX 2020-04&ZC 2020-03 Staff Report Page 2 of 3 5 Staff finds that the proposal meets applicable Woodburn Development Ordinance (WDO) provisions per the analyses and findings (Attachment 101). Recommendation Approval: Staff recommends that the Planning Commission consider the staff report and attachments and recommend to the City Council that it approve the application package. Actions The Planning Commission may act on the land use application to: 1. Recommend approval per staff recommendations, 2. Recommend approval with conditions, or 3. Recommend denial, based on WDO criteria or other City provisions. If the Planning Commission acts upon a recommendation, staff would proceed to a City Council hearing,tentatively scheduled for February 8, 2021, with the Commission recommendation. Attachment List 101. Analyses & Findings 102. Marked Tax Map 103. SWIR Master Plan excerpt (Figures 6, 8, &9) 104. Transportation System Plan (TSP) Figure 2 "Functional Roadway Classification" ANX 2020-04&ZC 2020-03 Staff Report Page 3 of 3 6 Analyses & Findings This attachment to the staff report analyzes the application materials and finds through statements how the application materials relate to and meet applicable provisions such as criteria, requirements, and standards. They confirm that a given standard is met or if not met, they call attention to it, suggest a remedy, and have a corresponding recommended condition of approval. 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 2U; Requirement (or guideline) not applicable No action needed Section references are to theW. ..odbur.;D f„ y p,11,uTn, ,u,I ['.!,n, ,nc..e,,,,, Table of Contents Location.........................................................................................................................................................1 LandUse&Zoning........................................................................................................................................1 StatutoryDates.............................................................................................................................................3 AnnexationProvisions ..................................................................................................................................3 Zoning Map Change Provisions.....................................................................................................................8 ApplicantIdentity..........................................................................................................................................9 Location Addresses n/a—none assigned Tax Lots 052W140000200, 600,&800 Nearest intersection Parr Rd & Butteville Rd Land Use & Zoning Comprehensive Plan Land Use Designation Industrial Zoning District, Upon Annexation Southwest Industrial Reserve(SWIR) Overlay Districts SWIR; Interchange Management Area (IMA) Existing Uses Undeveloped;farmland ANX 2020-04&ZC 2020-03 Staff Report Attachment 101 Page 1 of 9 7 For context,the comprehensive plan land use map designations and zoning are illustrated below and the zoning is tabulated further below: r Comprehensive Plan Map with subject properties outlined in purple. ". "f x, HSG". .. ..... ...... i f gad r Zoning Map with subject properties outlined in purple. .;y 1ww� K,. III� IIIffEli( I� Cardinal Direction Adjacent Zoning North East of 1-5: Commercial General (CG); Nodal Single-Family Residential (RSN) West of 1-5: SWIR East East of 1-5: Nodal Multi-Family Residential (RMN); CG West of 1-5: CG; SWIR South East of 1-5: No City zoning; outside City Limits West of 1-5: No City zoning; outside City Limits West East of 1-5: SWIR West of 1-5: No City zoning; outside City Limits ANX 2020-04&ZC 2020-03 Staff Report Attachment 101 Page 2 of 9 8 Statutory Dates Application Completeness December 3, 2020 120-Day Final Decision April 2,2021 per Oregon Revised Statutes(ORS) x,.178. (The nearest Deadline and prior regularly scheduled City Council meeting is March 22,2021.) Annexation Provisions 4.01.07 Consolidated Applications An applicant may request,in writing,to consolidate applications needed for a single development project. Under a consolidated review,all applications shall be processed following the procedures applicable for the highest type decision requested. It is the express policy of the City that development review not be segmented into discrete parts in a manner that precludes a comprehensive review of the entire development and its cumulative impacts. The application package includes "Annexation" and "Official Zoning Map Change, Owner Initiated", both of which are Type IV reviews per S.04. The applicant requested a consolidated Type IV review for the proposal. Y" The provision is met. 2.05 Overlay Districts 2.05.02 Interchange Management Area Overlay District B.Applicability The provisions of this Section apply to all Type II—V land use applications that propose to allow development that will generate more than 20 peak hour vehicle trips(based on the latest Institute of Transportation Engineers Trip Generation Manual)on parcels identified in Table 2.05A.The provisions of this Section apply to all properties within the boundary of the IMA. The subject properties are within the IMA overlay district and encompass land within subareas B and D. Annexation is a Type IV application however there is no development proposed alongside the proposed annexation therefore the provisions are not applicable. CuP The provisions are not applicable. 2.05.06 Southwest Industrial Reserve A. Purpose The Southwest Industrial Reserve(SWIR) is intended to protect suitable industrial sites in Southwest Woodburn,near Interstate 5,for the exclusive use of targeted industries identified in the Comprehensive Plan.This broad objective is accomplished by master planning,retention of large industrial parcels,and restricting non-industrial land uses. B.Application of the SWIR Zone ANX 2020-04&ZC 2020-03 Staff Report Attachment 101 Page 3 of 9 9 Land designated on the Comprehensive Land Use Plan Map as Southwest Industrial Reserve shall only be zoned SWIR. The Comprehensive Plan Map designates the subject properties as within the SWIR. Per Figure 2.04A,the properties encompass land within SWIR Development Subareas B and D. Upon annexation into City limits,the Zoning Map will be updated to illustrate the subject properties zoned SWIR. C. Dimensional Standards: The following dimensional standards shall be the minimum requirements for all development within the SWIR zone: 1. Land divisions may only be approved following approval of a master plan,as required in this ordinance. 2. Lots in a SWIR zone shall comply with the standards of Table 2.04F. For a land division,at least one lot shall be sized to meet each of the required lot size ranges listed in Table 2.04F for each site,except that smaller required lots may be combined to create larger required lots. No land division is included with the proposal. D. Master Planning Requirement 1.A master development plan shall be approved by the City Council for the entire area designated SWIR on the Comprehensive Land Use Plan Map, prior to annexation of any property within the SWIR Comprehensive Plan Map designation.The master plan shall be conceptual and non-binding in nature, but may be used as a general guide for development within the SWIR. 2.The required master plan shall show: a.The location and rights-of-way for existing and planned streets,which shall provide access to all existing and proposed parcels,consistent with the Transportation System Plan; b.The location and size of existing and planned sanitary sewer,storm water and water facilities, at adequate levels to serve existing and proposed industrial development; c.The location and area of the Riparian Corridor and Wetlands Overlay District(RCWOD)as it affects existing and proposed industrial parcels. Planned streets and public facilities that cannot reasonably avoid the RCWOD shall be indicated; d. Parcels consistent with the lot sizes indicated in Table 2.058; e. Pedestrian and bicycle connections consistent with the TSP. A SWIR master plan was adopted by the City Council in 2017 via Resolution No. 2110. This plan will guide future development review for the subject properties. E. Removal of the SWIR Zone Removal of the SWIR zone from any area or parcel shall require the following: 1.A revised Economic Opportunities Analysis and Industrial Site Suitability Analysis,consistent with the Goal 9 Rule(OAR Chapter 660, Division 9); 2.A new Statewide Planning Goal 2 Exception that explains why other land within or adjacent to the UGB,that does not require an exception,cannot meet the purported need; ANX 2020-04&ZC 2020-03 Staff Report Attachment 101 Page 4 of 9 10 3.A Comprehensive Plan Amendment that demonstrates compliance with all applicable Statewide Planning Goals,applicable goals and policies of the Marion County Framework Plan,and applicable goals and policies of the Comprehensive Plan; 4.A Zoning Map amendment that demonstrates consistency with the Comprehensive Plan. The applicant is not requesting to remove the SWIR designation for the subject properties. ve The provisions are met. 5.04 Type IV(Quasi-Judicial) Decisions 5.04.01 Annexation A. Purpose: The purpose of this Type IV review is to provide a procedure to incorporate contiguous territory into the City in compliance with state requirements,Woodburn Comprehensive Plan,and Woodburn Development Ordinance. The subject properties are contiguous with City limits. This staff report reviews the proposal for compliance with the Woodburn Comprehensive Plan and WDO, both of which were acknowledged by the state to be in compliance with statewide planning goals. B. Mandatory Pre-Application Conference: Prior to requesting annexation to the City,a Pre- Application Conference(Section 4.01.04) is required.This provides the city an opportunity to understand the proposed annexation and an opportunity to provide information on the likely impacts,limitations,requirements,approval standards,and other information that may affect the proposal. A pre-application meeting for the proposal was held on October 13, 2020 (PRE 2020-23). C.Criteria: 1.Compliance with applicable Woodburn Comprehensive Plan goals and policies regarding annexation. Section G. "Growth Management and Annexation" of the Woodburn Comprehensive Plan includes Annexation Goal G-2 and Annexation Policies G-2.1, G-2.2, and G-2.3. The SWIR Master Plan, which was approved via Resolution 2110 in 2017, illustrates the conceptual layout of public services throughout the SWIR overlay district,which the subject properties are within. Tables 2.04E & F as well as section 2.OS.06 of the WDO include provisions and standards for retaining large parcels of land for industrial development within the SWIR overlay district. The annexation criteria of 5.04.01C. also reflect the intent of the annexation policies in the Comprehensive Plan. ANX 2020-04&ZC 2020-03 Staff Report Attachment 101 Page 5 of 9 11 Because the proposal is consistent with the SWIR Master Plan and WDO criteria for the SWIR overlay district, it is also consistent with the applicable Woodburn Comprehensive Plan goals and policies for annexations. 2.Territory to be annexed shall be contiguous to the City and shall either: a. Link to planned public facilities with adequate capacity to serve existing and future development of the property as indicated by the Woodburn Comprehensive Plan;or b.Guarantee that public facilities have adequate capacity to serve existing and future development of the property. Tax Lot 800 is adjacent to land annexed into City limits in 1992 via Ordinance No. 2095. Tax Lots 200 &600 are adjacent to land annexed into City limits in 2017 via Ordinance No. 2548. The application materials include a letter from the City Engineer (dated November 4, 2020) certifying there are no capacity issues with public water and sanitary sewer facilities. The SWIR Master Plan includes conceptual utility extension plans to serve land within the SWIR overlay district. These utility extensions would occur at the time of development of the subject properties. 3.Annexations shall show a demonstrated community need for additional territory and development based on the following considerations: a. Lands designated for residential and community uses should demonstrate substantial conformance to the following: 1)The territory to be annexed should be contiguous to the City on two or more sides; 2)The territory to be annexed should not increase the inventory of buildable land designated on the Comprehensive Plan as Low or Medium Density Residential within the City to more than a 5-year supply; 3)The territory proposed for annexation should reflect the City's goals for directing growth by using public facility capacity that has been funded by the City's capital improvement program; 4)The site is feasible for development and provides either: a)Completion or extension of the arterial/collector street pattern as depicted on the Woodburn Transportation System Plan;or b)Connects existing stub streets,or other discontinuous streets,with another public street. 5)Annexed fulfills a substantial unmet community need,that has been identified by the City Council after a public hearing. Examples of community needs include park space and conservation of significant natural or historic resources. The subject properties are within the SWIR overlay district, which is an industrial land designation. These criteria are not applicable. b. Lands designated for commercial,industrial and other uses should demonstrate substantial conformance to the following criteria: ANX 2020-04&ZC 2020-03 Staff Report Attachment 101 Page 6 of 9 12 1)The proposed use of the territory to be annexed shall be for industrial or other uses providing employment opportunities; 2)The proposed industrial or commercial use of the territory does not require the expansion of infrastructure,additional service capacity,or incentives that are in excess of the costs normally borne by the community for development; 3)The proposed industrial or commercial use of the territory provides an economic opportunity for the City to diversify its economy. The subject properties are within the SWIR overlay district, which is an industrial land designation. No development is proposed alongside the subject annexation. The approved SWIR Master Plan includes conceptual layouts for public infrastructure within the SWIR overlay district; this infrastructure would be constructed at private expense on site-by-site basis as development is proposed. Regarding 3),the applicant's narrative states on page 39: "The subject property has significant potential to attract large-scale industrial users seeking locations with excellent access to Interstate 5,consistent with goals identified in the July 2016 Woodburn Target Industries Analysis(WTIA) (See Exhibit F). Because such sites are scarce in the region, annexation will set the stage for significant opportunities to grow and diversify the City's economy.This criterion is satisfied." Staff concurs. D. Procedures: 1.An annexation may be initiated by petition based on the written consent of: a.The owners of more than half of the territory proposed for annexation and more than half of the resident electors within the territory proposed to be annexed;or b.One hundred percent of the owners and fifty percent of the electors within the territory proposed to be annexed;or c.A lesser number of property owners. 2. If an annexation is initiated by property owners of less than half of property to be annexed, after holding a public hearing and if the City Council approves the proposed annexation,the City Council shall call for an election within the territory to be annexed. Otherwise no election on a proposed annexation is required. The applicant's narrative addresses these provisions on page 39: "This annexation request is submitted by the sole owner of the property,two(2)tracts containing a combined approximately 74 acres, representing a 100%ownership share. There is no residence on the subject property and no registered electors." E.Zoning Designation for Annexed Property: All land annexed to the City shall be designated consistent with the Woodburn Comprehensive Plan,unless an application to re-designate the property is approved as part of the annexation process. ANX 2020-04&ZC 2020-03 Staff Report Attachment 101 Page 7 of 9 13 The Comprehensive Plan designates the subject properties as Industrial and within the SWIR overlay district. The territory will be assigned to the SWIR zoning district upon annexation. F.The timing of public improvements is as follows: 1.Street dedication is required upon annexation. 2. Dedication of public utility easements(PUE)is required upon annexation. 3.Street improvements are required upon development. 4.Connection to the sanitary sewer system is required upon development or septic failure. S.Connection to the public water system is required upon development or well failure. 6.Connection to the public storm drain system is required upon development. The applicant's narrative states on page 40: "... improvements will be required in conjunction with industrial development to meet projected levels of travel demand.These improvements are specified both by the TSP and the approved SWIR Master Plan.Street improvements and dedications can be required by conditions of approval in the Design Review process,to ensure that they are coordinated with developments.Additionally, right-of-way dedications can then be completed based on as-built documentation as part of the City's approval of public works construction and acceptance of the right-of-way dedications." Staff concurs. ve The provisions of 5.04.01 are met. Zoning Map Change Provisions 5.04.04 Official Zoning Map Change,Owner Initiated A. Purpose:The purpose of an Owner Initiated Official Zoning Map Change is to provide a procedure to change the Official Zoning Map, in a manner consistent with the Woodburn Comprehensive Plan. B.Criteria:The following criteria shall be considered in evaluating an Official Zoning Map Change; 1. Demonstrated need for the proposed use and the other permitted uses within the proposed zoning designation. 2. Demonstrated need that the subject property best meets the need relative to other properties in the existing developable land inventory already designated with the same zone considering size, location,configuration,visibility and other significant attributes of the subject property. 3. Demonstration that amendments which significantly affect transportation facilities ensure that allowed land uses are consistent with the function,capacity,and level of service of the facility identified in the Transportation System Plan.This shall be accomplished by one of the following: a. Limiting allowed land uses to be consistent with the planned function of the transportation facility;or ANX 2020-04&ZC 2020-03 Staff Report Attachment 101 Page 8 of 9 14 b.Amending the Transportation System Plan to ensure that existing,improved,or new transportation facilities are adequate to support the proposed land uses consistent with the requirement of the Transportation Planning Rule;or, c.Altering land use designations,densities,or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation. C. Delineation: Upon approval,a zone change shall be delineated on the Official Zoning Map by the Director.A zone change subject to specific conditions shall be annotated on the Official Zoning Map to indicate that such conditions are attached to the designation. The landowner of the subject properties is requesting annexation into City limits. By its very nature, annexation of territory results in a change to the City limits boundary and the territory being annexed must be assigned to one or more zoning districts. The Comprehensive Plan designates the subject properties as Industrial and within the SWIR overlay district. The territory will therefore be assigned to the SWIR zoning district and the Zoning Map will be updated to reflect this. The SWIR Master Plan, approved by City Council via Resolution No. 2110 in 2017, demonstrates the purpose of the overlay zone and the need for land within it as well as conceptually illustrates the layout of public facilities as land is annexed and developed. Y"" The provisions are met. Applicant Identity Applicant Peter Skei, Project Manager Specht Development Co. Applicant's Lee Leighton,AICP, Planner IV Representative Mackenzie Landowner(s) Weisz Family LLC ANX 2020-04&ZC 2020-03 Staff Report Attachment 101 Page 9 of 9 15 u° °i� 3 1111111 a Z20 o cc o u �! 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Oa A3PoUb `U �� /.M CdQ�J�"'�Na 3b✓VbdaYlaM rnb AMMHJ s3NooH f5 �r l ffi'AYtltlWJl ` eaviewn roa a � r• as a swnirra s a 11111111111111--," k .I ✓® a Oa 8k7nls 1 ° Mt4a anus a y �, v..-- �--� D ♦ I��s� �: � � m mQ � a,f ♦ dD r co 3f[IIn e E ® as MvnMune �. CL m nmn' N C 41 r w co � ms`s _ co P4 T o o w a d o o ani L' L' L' L' LD m° a co _ 2 O w w w w 0 > m Q nLDLD a d o 0 0 0 0 •e /W C LL !A Q LL LL LL LL LL U M F :1AGNO21,mW Ua3Aoaea06bb a+ W tl I•k U- J , W tl 1! Q f p W LL D Z O 3 zbmnwevwszs-nw�.+ww-owwm�an+ea eeMn.oarzizmasi�aoamn asi wzwaw-bmbnbzra 20 Iii♦ 4 B V' February 22, 2021 TO: Honorable Mayor and City Council FROM: Scott Derickson, City Administrator SUBJECT: Temporary Tree Ordinance Procedures RECOMMENDATION: Enact an Ordinance providing for an alternative permitting procedure for a period of 90 days for the removal of certain Imminently Dangerous trees; also temporarily suspending certain enforcement actions, waiving certain permit fees, and declaring an emergency. BACKGROUND: During President's Day Weekend 2021 , a significant winter ice storm hit the region, causing an unprecedented amount of damage and widespread electrical power outages throughout Woodburn. The damage to Street Trees and privately owned trees throughout the City was substantial. The City regulates and issues permits for the removal of Street Trees and Significant Trees on private property under either Ordinance No. 2424 or the Woodburn Development Ordinance (WDO 3.06.07). These regulations for the removal of subject trees include various processes that property owners must follow in order to obtain permission from the City to remove trees. The most significant of these eligibility requirements is that a tree removal permit be supported by a report from a certified arborist certifying that the tree is dead or dying, diseased, or hazardous to life or property. Given the widespread nature of the recent ice storm and the considerable number of trees that sustained damage, the City has determined that it is necessary to temporarily expedite the process for authorizing the emergency removal of storm-damaged trees that pose an immediate risk to people and structures. The Temporary Tree Ordinance Procedures was crafted to allow the City and private property owners to respond to the unprecedented damage Agenda Item Review: City Administrator City Attorney Finance Honorable Mayor and City Council February 22, 2021 Page 2 caused by the storm, while still ensuring that procedures are in place to preserve the character provided by Woodburn's tree canopy. Additionally, the City created an emergency tree removal hotline, which connects residents with a City employee to provide information and answer questions about addressing dead, fallen and hazardous trees. Over the past weekend, The City responded to approximately 15-18 property owners who utilized the hotline. The City also opened up the parking lot at Legion Park for Woodburn residents to drop off tree debris that the removed from their property and the Right-of-Way. As large as it is, that site filled within a few days. On Thursday, February 18, 2021, the City moved the tree debris disposal site to Stacy Allison Way. As of Sunday afternoon, debris filled a section of Stacy Allison Way one lane wide by approximately 200 yards long. During the first 10 days following the onset of the storm, the Public Works Department provided 24-hour staff support to the drinking water and wastewater utilities and operated two six-person crews working to clear City streets, sidewalks & parks, while closing streets as necessary to protect the public from downed power lines and hazardous trees & related debris. DISCUSSION: The pertinent provisions of the Temporary Tree Ordinance Procedures include: • Is temporarily in effect for a period of 90 days • Waives the requirement for an arborist to determine if a Street Tree or Significant Tree requires removal when a City Tree Inspector has the opinion that the tree is Imminently Dangerous, as that term is defined under the ordinance. • Allows for Imminently Dangerous Street Trees and Significant Trees to be removed prior to the issuance of a permit under emergency circumstances, provided the owner applies for a permit within fourteen (14) days of the removal. Such permits will still need to be supported by written and photographic documentation of the condition of the tree prior to its removal. • Temporarily waives the tree permit fees for the removal of Imminently Dangerous trees • Temporarily suspends enforcement procedures under the Street Trees Ordinance and the Woodburn Development Ordinance in circumstances Honorable Mayor and City Council February 22, 2021 Page 3 where a person has followed the alternative tree removal procedures established by the Ordinance. FINANCIAL IMPACT: The financial impact related to the City's response to the storm event is of yet unknown, however it is anticipated to be significant. COUNCIL BILL NO. 3143 ORDINANCE NO. 2584 AN ORDINANCE PROVIDING FOR ALTERNATIVE PERMITTING PROCEDURES FOR A PERIOD OF 90 DAYS; PROVIDING FOR THE REMOVAL OF CERTAIN IMMINENTLY DANGEROUS TREES AS DEFINED BY THIS ORDINANCE; TEMPORARILY SUSPENDING CERTAIN ENFORCEMENT ACTIONS; WAIVING PERMIT FEES; AND DECLARING AN EMERGENCY WHEREAS, the City has an inherent interest in preserving the wooded character of Woodburn and protecting trees as a natural resource of the City; and WHEREAS, the City has adopted certain standards and regulations governing the removal of both "Street Trees" (Ordinance No. 2424) and "Significant Trees" on Private Property (Woodburn Development Ordinance 3.06.07); and WHEREAS, during President's Day Weekend 2021, a winter ice storm caused a high volume of tree impacts along streets, in parks, and on private property in the City; and such impacts have resulted in imminent danger or risk to the residents of Woodburn; and WHEREAS, the City recognizes that even as a result of the winter ice storm, emergency tree work must be justified and proportional to the immediate risk to people and structures; and WHEREAS, the City Council now desires to address the resulting dangerous tree risk through a temporary suspension of certain enforcement procedures where a person has otherwise followed the alternative provisional permitting procedure provided under this Ordinance; NOW THEREFORE, THE CITY ORDAINS AS FOLLOWS: Section 1. Definitions. A. "Imminently Dangerous," as used in this Ordinance, means a tree that has suddenly uprooted (cracking appears in the soil/pavement around the tree) or a tree that has suddenly started splitting (where the main branches connect to the trunk), and as a result poses an immediate risk of collapse and/or hazard to people, structures, or vehicles. "Imminently Dangerous" does not include a tree where hazardous conditions can be alleviated by pruning or trimming the tree or undertaking other preventative maintenance. B. "Tree Inspector' means an employee designated by the City to inspect Street Trees and Significant Trees on Private Property and make determinations on whether a tree is Imminently Dangerous for purposes of the City granting a removal permit under this Ordinance. Page 1 Council Bill No. 3143 Ordinance No. 2584 21 C. All terms not otherwise defined herein shall have the meaning assigned to them either under Ordinance No. 2424 or the Woodburn Development Ordinance ("WDO"). Section 2. Alternative Permitting Procedure for Removal of Imminently Dangerous Street Trees. Permits to remove Imminently Dangerous Street Trees shall be granted pursuant to the criteria and under the procedures established and set out by Ordinance No. 2424, with the following exceptions: A. An application for a permit to remove a Street Tree does not need to be supported by a report prepared by a certified arborist when, alternatively, a City Tree Inspector, based upon the Inspector's training and experience, has the opinion that the Street Tree is Imminently Dangerous under this Ordinance. B. An Imminently Dangerous Street Tree may be removed prior to obtaining a permit in an emergency, so long as the owner applies for a permit within fourteen (14) days of the removal, pursuant to this Section and all remaining provisions of Ordinance 2424. In such cases, the property owner should provide written and photographic documentation of the condition of the tree prior to its removal. All remaining procedures related to trees under Ordinance No. 2424, remain in full force and effect, and the adoption of this Ordinance shall not preclude any action against any person who otherwise violates Ordinance No. 2424, except as modified above. Section 3. Alternative Permitting Procedure for Removal of Imminently Dangerous Significant Trees on Private Property. Permits to remove Imminently Dangerous Significant Trees on Private Property shall be granted pursuant to the criteria and under the procedures established and set out by WDO 3.06.07, as supplemented by the following alternative permitting procedure: A. An application for a permit to remove a Significant Tree on Private Property does not need to be supported by a report prepared by a certified arborist when, alternatively, a City Tree Inspector, based upon the Inspector's training and experience, has the opinion that the Significant Tree is Imminently Dangerous under this Ordinance. B. Approval of a Significant Tree removal permit may be issued between November 1 and May 1 when the tree is determined to be Imminently Dangerous by a City Tree Inspector. C. An Imminently Dangerous Significant Tree may be removed prior to obtaining a permit in an emergency, so long as the owner applies for a permit within fourteen (14) days of the removal, pursuant to this Section and all remaining provisions of the WDO. In such cases, the property owner should provide written and photographic documentation of the condition of the tree prior to its removal. Page 2 Council Bill No. 3143 Ordinance No. 2584 22 All remaining procedures related to trees under WDO 3.06.07, remain in full force and effect, and the adoption of this Ordinance shall not preclude any action against any person who otherwise violates WDO 3.06.07, except as modified above. Section 4. Temporary Suspension of Certain Enforcement Proceedings. Enforcement Procedures under Ordinance No. 2424 and WDO 4.02.03 shall be temporarily suspended for a period of ninety (90) days for circumstances where a person: (i) follows either of the alternative permitting procedures outlined above for the removal of an Imminently Dangerous Street Tree or a Significant Tree on Private Property; and (ii) otherwise complies with all remaining permitting procedures under either Ordinance No. 2424 or the WDO, as applicable. Section 5. Temporary Waiver of Permit Fees. The City permit fees that would otherwise apply for the removal of a Street Tree or Significant Tree on Private Property shall be waived where a City Tree Inspector has, based upon the Inspector's training and experience, has the opinion that the tree is Imminently Dangerous and may be removed under the procedures outlined by this Ordinance. Section 6. Permit Denial. If the City denies a tree-removal permit under this Ordinance, the applicant may still apply for a tree-removal permit through the standard process under either Ordinance No. 2424 or the WDO, as applicable. Section 7. Violation & Enforcement. A. A violation of any provision of this Ordinance constitutes a Class 1 Civil Infraction. B. All violations of this Ordinance that are filed in the Woodburn Municipal Court as Civil Infractions shall be processed according to the procedures contained in the Woodburn Civil Infraction Ordinance. C. Each day that a violation of this Ordinance is committed or permitted to continue shall constitute a separate Civil Infraction. D. In addition to filing a Civil Infraction proceeding in the Woodburn Municipal Court, the City may initiate an enforcement proceeding in the Marion County Circuit Court. E. The remedies provided for in this Section are cumulative and not mutually exclusive. Section 8. Severability. The sections and subsections of this Ordinance are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections and subsections. Page 3 Council Bill No. 3143 Ordinance No. 2584 23 Section 9. Duration. Unless otherwise extended by action of the City Council, the provisions of this Ordinance shall expire ninety (90)-days following its passage. Section 10. Emergency Clause. This Ordinance being necessary for the immediate preservation of the public peace, health and safety so the City may allow for emergency removal of certain imminently dangerous trees, an emergency is declared to exist and this ordinance shall take effect immediately upon passage and approval by the Mayor. Approved as to form: City Attorney Date Approved: Eric Swenson, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson, City Recorder City of Woodburn, Oregon Page 4 Council Bill No. 3143 Ordinance No. 2584 24 Heather M. Pierson From:Ruth Herman Wells / Youth Change Workshops <dwells@youthchg.com> Sent:Monday, February 22, 2021 11:14 AM To:Heather M. Pierson Subject:Citizen Testimony for City Council for 2.22.21 **** This email is from an EXTERNAL sender. Exercise caution when opening attachments or click links from unknown senders or unexpected email. **** Could you confirm receiving this by reply email? Thanks! ------------------------------------------------------------------------------------ Testimony ------------------------------------ ---------------------------------------------------------- During the ice storm, some of my contact with the City resulted in additional difficulty. Because of that, I am submitting this testimony to request that the City consider reviewing a couple of its procedures for natural disasters. First, I want to say very clearly and emphatically that I appreciate the terribly hard work and very long hours put in by City workers. I have enormous gratitude for their efforts. Having emphasized that, I would like to tell you what did go wrong at our intersection so you can considering fixing it. Please do not misconstrue these comments to be anything more than a citizen request to address specific issues that arose; it is not criticism. Please also note that many of my neighbors share the concerns listed here. 1.) Obtaining the Required Emergency Tree Permit Was Completely Impossible I live at one of the most damaged intersections in Woodburn, 3rd and Garfield. I had about about a half dozen trees split to the ground, profoundly damaged or lying on the ground on the parking strip. I was lucky enough to find an available certified arborist who agreed to come to remove them. He judged all of the damaged trees all to be immediate hazards and not in any way salvageable. The arborist had just begun to remove the shattered trees from the parking strip on February 17 when George from Public Works arrived. I was so excited and relieved that the City was able to get to us since it had been 5 days coping with a blown up, tree-covered, wire- covered intersection. I thought the calvary had arrived! But when I approached George, his first words to me were "Do you have a permit?" I actually thought he was joking, as did my neighbors, but George questioned every tree removal and actually stopped the arborist from removing the tree that the certified aborist said was hollow, completely torn up and could not be saved no matter how much I wanted to save it. In fact, the tree is apparently so dangerous that the arborist refused to even park near it and said that the hollow tree was an active threat to my neighbor's house with little kids in it, and possibly to my house as well depending on which way branches fell. Intimidated by George's shocking decree, the arborist refused to remove the dangerous tree and left. As of this writing, that hollow, damaged tree remains entwined with wires that are now live running through its branches. I am asking you to to please help me understand how exactly we could I have gotten that all-important emergency tree permit. City Hall was closed. Like everyone else, we had no any internet, no computer, no lights, no heat, no electricity. We had only occasional cell service and our hands were too cold to remove our fingers from gloves long enough to use the phones when the phones finally worked. Our cars were pinned inside our garage so we couldn't drive to find internet service and electricity. 1 Even when presented with the incredibly obvious reality that there was no doable way to obtain the required form, both George and Curtis from Public Works said they would not waive the rules. They both were completely unable or unwilling to assist me in any way to get an application, or to waive the requirement even though the expert-- a certified arborist-- was standing right there saying the tree was an imminent threat to people and property and must be removed. I am confused why George and Curtis couldn't simply waive the permit like Portland was doing, or have come prepared with a print form because they could obviously see that there was no possible way on the planet to obtain a print or online permit application in the middle of a 40 year ice storm in the middle of a 100 year pandemic. They seemed utterly unsympathetic and completely indifferent, with zero interest in helping me. Requiring a permit while utilities are down during a natural disaster is an absurd requirement that we failed to meet even after days futilely trying to find a way to get the application. When it became apparent that to the Dad of the little kids next door that we'd lost our tree guy because of the impossible-to-get permit, in near dark, the Dad got out a ladder and bravely risked his own safety to remove the most dangerous section of the problem tree himself even though by then it was possible that the wires were live again. The requirement to get an impossible-to-get emergency permit could have easily ended in tragedy. The City might have been borne some liability since it was City staff who disallowed the certified tree aborist-- a veteran expert very well known in the region-- to remove the tree that he had evaluated as requiring immediate removal. The result was that the City prioritized obtaining an impossible-to-get permit over protecting human life and property. I truly doubt that is what the City intended as that protocol showed a complete lack of common sense and a total lack of compassion and understanding for the grim realities of a natural disaster. Please note that to the City's credit, I was notified by phone a day later that I would be allowed to remove the tree. However, now I am still fighting to try to get the arborist to find time to come back but I haven't succeeded so far and the tree is still a potential hazard. 2.) A Large Tree Limb is Still Dangling Over House at Same Intersection I notified the City multiple times that there was a very large walnut tree limb dangling over a small rental house at 3rd and Garfield. After receiving my notification, the City did a truly wonderful job of immediately offering my non-English speaking neighbors alternative housing. Sadly, the occupants declined but as of now, Friday, February 18, the limb remains threatening the house. Since my neighbors might not necessarily know how to seek help, I am mentioning their plight here because I've run out of places to beg for help. Please note that this rental house has two units with at least two families with small children. City crews cleared the intersection a day or so ago but took no action to remove the branch that I would guess is 15 feet long, hanging angled down broken, perhaps 25 feet above the ground. It hangs directly above a tin roof. I am only mentioning this situation in another attempt to get the City to remove that limb from the tree, which is on the parking strip, or to compel the landlord to remove it. For privacy, I am omitting the address but Public Works and the City Manager have that information. Please note that since the City was so totally overwhelmed with damage everywhere, they understandably may have kept losing sight of this one situation even though they were repeatedly notified. However, I couldn't live with myself if I didn't try to avert a tragedy so when the City never addressed it after many notifications, I sought help on social media because I didn't know what else to do. Many people who responded, tweeted at local and Portland news outlets in the hope of attracting the City's attention so a bad outcome could be averted. Again, I can't stress enough that these steps should not be misinterpreted or misrepresented as criticism of the City's efforts. I took these steps only because I couldn't live with myself if I didn't speak out and babies or adults died or were injured. I can't emphasize enough times that I am not criticizing the City. I am just trying to fix difficulties that happened and those that remain. 2 My question for potential follow-up: Why isn't there some kind of well-publicized, central contact point, incident command, ombudsman or main hotline manned by a knowledgeable City staffer for residents who can accept information to and coordinate help-- like the help still needed with the large branch danging over the little rental house with a tin roof? 3) Aged Walnut Trees at Intersection Remain a Danger For 5 years, I begged Public Works to trim the massive, aging walnuts at 3rd and Garfield as they lean quite dramatically and often drop huge limbs onto the street and sidewalk without wind or a storm happening. Note these are the exact same trees that contain the still-dangling limb over the rental house. About a year or so ago, I submitted testimony to Council on this issue and I wrote The Independent. After that, the City did a light trim last fall. That trim very likely prevented a tragedy however those trees remain an obvious danger and desperately need to have their giant dead limbs removed-- including the limb dangling over the rental house. When I call Public Works to beg, George always says that he has been told by higher level staff that they don't want to force the owner of the rental property to take action, that they are trying to not to hassle him too much. However, that reasoning seems to prioritize consideration for a landlord over the lives of the young children and adults in his rental house. 4) Official Misconduct I know City staff worked themselves to the bone so I will tread lightly here out of respect for that. I thought it was incredibly unfair that I was being forced to strictly follow City rules to acquire an emergency tree removal permit when City staff do not have to follow state law that requires all of us to wear masks when interacting closely with others. I have an autoimmune disease, meaning I am high risk for not surviving Covid. However, when I requested one of your employees to put on a mask because he was just an arm's length away, he repeatedly refused, saying rather shockingly, "Call OSHA." Since that person was the only known potential solution to all the situations listed above, I had to maintain close contact and expose myself to the risk of of death or injury from Covid. I don't understand why I have to precisely follow the City rules when City employees don't have to follow State rules. It seems like it might be an abuse of power, ethics lapse and law violation by someone powerful in local government, towards a citizen with no power whatsoever. The ice storm brought out the best and the worst in people, but I think most residents would agree that the City gave its all-- and that maybe we could do even better next time. That's all this testimony is about. I ask that no one make it into anything more than that. I have repeatedly stated that disclaimer here for a reason. During the storm, a city official repeatedly used their personal social media account to make disparaging misrepresentations about me and the issues raised here. Instead of communicating their negative opinions privately to me, I was left feeling publically humiliated and castigated by a government official in power who I had simply asked for help. I am not seeking to have this official sanctioned for this ethical lapse but I hope that they will hear this testimony and choose a higher road in the future. Our city is stronger when we work together. I hope you will consider this testimony accordingly and simply focus on the issues and please not bash the messenger. Thank you. -- 3 Ruth Herman Wells M.S., Director Workshops . Books . Posters . On-Site Training . Keynotes 275 N. 3rd St., Woodburn OR 97071 . 503.982.4220 . Fax 503.982.7910 http://www.youthchg.com . dwells@youthchg.com http://www.facebook.com/youthchange . http://www.twitter.com/youthchg 4