March 22, 2021 Agenda ERIC SWENSON,MAYOR
CITY OF WOODBU RN DEBBIE CABRALES,COUNCILOR WARD 1
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
MARCH 22, 2021- 7:00 P.M.
VIA VIDEO CONFERENCING
1. CALL TO ORDER AND FLAG SALUTE
2. ROLL CALL
3. ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
None.
A1212ointments:
None.
4. COMMUNITY/GOVERNMENT ORGANIZATIONS
None.
5. PROCLAMATIONS/PRESENTATIONS
Proclamations:
None.
Presentations:
A. COVID-19 Update
B. Council briefing on the Middle Housing Project 1
C. Building Activity in Woodburn 112
6. COMMUNICATIONS
None.
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March 22, 2021 Council Agenda Page i
7. BUSINESS FROM THE PUBLIC -This allows the public to introduce items for Council
consideration not already scheduled on the agenda.
8. CONSENT AGENDA - Items listed on the consent agenda are considered routine
and may be adopted by one motion. Any item may be removed for discussion
at the request of a Council member.
A. Woodburn City Council Meeting minutes of March 8, 2021 126
Recommended Action: Approve the minutes.
9. TABLED BUSINESS
None.
10. PUBLIC HEARINGS
A. FY 2020-2021 Supplemental Budget Request for Acceptance of Grant 129
Awards for Community Development Block Grant(CDBG)and Cares
Act Emergency Rental Assistance Grant Funds and the Appropriation
Authority for Expending the Grant Revenue for their Approved
Purposes
Recommended Action: Hold the Public Hearing.
11. GENERAL BUSINESS-Members of the public wishing to comment on items of general
business must complete and submit a speaker's card to the City Recorder prior to
commencing this portion of the Council's agenda. Comment time may be limited
by Mayoral prerogative.
A. Council Bill No. 3144 - An Ordinance Granting a Cable Television 131
Franchise to Comcast of Oregon I, Inc. and Declaring an Emergency
Recommended Action: Enact the Ordinance granting a franchise to
Comcast of Oregon I, Inc. ("Comcast"), allowing them to construct,
operate, maintain, and provide wireline cable television services
within the City of Woodburn.
B. Council Bill No. 3145 - An Ordinance Annexing Approximately 73.08 182
Acres of Territory Known as the Weisz Family Properties into the City of
Woodburn
Recommended Action: Adopt the ordinance annexing the subject
property.
C. Council Bill No. 3146 - An Ordinance Designating Zoning to 199
Approximately 73.08 Acres of Annexed Territory Known as the Weisz
Family Properties as Southwest Industrial Reserve(SWIR)Zoning District
March 22, 2021 Council Agenda Page ii
Recommended Action:Adopt the ordinance designating City zoning.
D. Council Bill No. 3147 - A Resolution Approving Transfers of FY 2020- 205
2021 Appropriations and Approving a Supplemental Budget
Recommended Action: Adopt the Resolution authorizing $450,000
additional grant revenue and appropriation authority to Operating
Expenses in the General Fund.
E. City Council Support of SB 784 207
Recommended Action: Consider making a motion for the City Council
to support SB 784.
12. OTHER BUSINESS
None.
13. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These are
Planning Commission or Administrative Land Use actions that may be called up
by the City Council.
None.
14. CITY ADMINISTRATOR'S REPORT
15. MAYOR AND COUNCIL REPORTS
16. EXECUTIVE SESSION
None.
17. WORK SESSION
A. Emergency Management 101
18. 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).
2. Promote an environment that encourages sustainable economic health maximizing our geographic, workforce,
cultural and community assets.
March 22, 2021 Council Agenda Page iii
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.
March 22, 2021 Council Agenda Page iv
V 9CqW4 item
8U
a 1,d f;'! 7
March 22, 2021
TO: Honorable Mayor and City Council
THROUGH: Scott Derickson, City Administrator
FROM: Chris Kerr, Community Development Director
Colin Cortes, AICP, CNU-A, Senior Planner
SUBJECT: Middle Housing Project Briefing
Recommendation:
No formal Council action is required this date. The purpose is to introduce the
Middle Housing Project consultant and brief the Council.
Background:
The ........................................iall. � ;I„a;a„e,j.s rig �'L.;,J �„e;�ll serves compliance with changes in state law because
of the 2019 legislature passingfli„1111 �I::a.l .,1..... .� � .... and in June 2021 is to result in
adoption-ready legislative amendments to thea;alrrirel nerosiie Y'lla: ro and
a:aa:adIbs...im De elk::a rriero'll” ( ra.: iiroa: roe. e
.....................................................................................................................................................p..............................................................................................................................................(.............................................
The immediate key understanding of the project is that it's about more than just
allowing duplexes. State rules now generally require cities to allow "middle
housing” (duplexes, triplexes, quadplexes, townhouses, and cottage clusters) in
areas where they allow single-family housing. The rules also generally prohibit
cities from applying to middle housing standards more restrictive than for houses.
In other words, regulations must treat middle housing types equitably with
detached houses.
Therefore, amendments will be extensive and detailed.
The City applied for and received state grants totaling $80,000 that fund the
project. The grants establish the June 2021 deadline for adoption-ready
amendments; however, per HB 2001 Section 3, the City has until the deadline of
June 30, 2022 to adopt amendments that comply with the bill.
Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance_x_
1
Honorable Mayor and City Council
March 22, 2021
Page 2
Staff briefed the Planning Commission, which is the project advisory committee,
on December 10, 2020 and will do so again April 8, 2021 . A technical advisory
group (TAG) will advise staff and the Commission starting as early as late March.
What's Middle Housing?
It refers to a wide range of housing types of a scale and density that fall between
detached, single-family houses and midrise, 3-5 story apartment/condo buildings.
In 2010 Daniel Parolek, principal of the firm Opticos Design, coined the phrase
"missing middle housing", and the firm drew a freely licensed and widely shared
image of a spectrum of housing types and what part of that is middle:
...............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
110,
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MID RISE
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Missing Middle Housing conceptual diagram, courtesy Opticos Design
HB 2001 uses and narrowly defines the phrase "middle housing" to include
duplexes, triplexes, quadplexes, townhouses, and cottage clusters. The definition
of each and each housing type is illustrated in Background Report Section 1 State
Policy Framework, p. 4 Figure 2, reproduced below:
2
Honorable Mayor and City Council
March 22, 2021
Page 3
Duplex Triplex
Two attached dwelling units on a Lot or Parcel.A Three attached dwelling units on a Lot or Parcel.A
Medium or Large City* may define a Duplex to Large City* may define a Triplex to include any
include two detached dwellings on one lot. configuration of three detached or attached dwellings
on one lot.
`4...M,
1 .
Quadplex Townhouse
Four attached dwelling units on a Lot or Parcel.A A dwelling unit that is part of a row of two or more
Large City* may define a Quadplex to include any attached dwelling units,where each unit is located on
configuration of four detached or attached dwellings its own lot and shares at least one common wall with
on one lot. an adjacent dwelling.
� y
I I T
Cottage Cluster
A grouping of no fewer than four detached dwelling units , per acre
with a footprint of less than 900 square feet each that includes a
common courtyard.A Medium or Large City* may allowCottage
Cluster dwellings to be located on a lot or with each dwelling
on a lot.
�
� r
*Woodburn falls into the Large City category.
Adapted from Background Report, Section I State Policy Framework, Figure 2 Definitions of Middle
Housing Types, courtesy Cascadia Partners LLC
3
Honorable Mayor and City Council
March 22, 2021
Page 4
Discussion:
Background Report
To help the City contend with necessary changes, the consultant drafted a
background report composed of three sections:
1 . State Policy Framework
2. Plan and Code Review
3. Neighborhood Patterns Analysis
Here are guiding questions on the Background Report:
1 . Does the Council understand the project purpose and scope?
2. Is Section 3 Neighborhood Patterns Analysis helpful by providing guidance
for tailoring policies and WDO regulations by neighborhood?
3. What are initial concerns about the project?
Code Concepts Report
The purpose of the Code Concepts Report is to outline a set of conceptual
options for the City to implement compliant amendments. Here are guiding
questions:
1 . Are the code concepts understandable?
2. What feedback does Council have on the concepts and implications? What
does it want to see built and not want to see built?
3. Does the Council prefer one of the concepts?
IBTER Audit Report
The audit serves to inform whether or not the City would, as HB 2001 Section 4
allows, submit to the state of Oregon an "infrastructure-based time extension
request" (IBTER) to delay allowance of middle housing. (Delay can only be
temporary, in a small and specific area or areas, with a deadline action plan to
remedy the infrastructure deficiency, and with state discretion to approve or
deny an IBTER.)
4
Honorable Mayor and City Council
March 22, 2021
Page 5
Next Steps
Staff is scheduled to return to the Council by end of May 2021 with draft
alternative actions and recommended Comprehensive Plan and WDO
amendments.
Financial Impact:
There's none thanks to two grants totaling $80,000 that fund the project thanks to
the 2019 legislature through the Oregon Department of Land Conservation and
Development (DLCD) awarding them June 2020. (The Council on March 9, 2020
authorized the mayor to sign grant applications to DLCD that staff had prepared.)
Attachments:
1 . Consultant's cover memo (Mar. 17, 2021 ; 2 pages)
2. Background Report(Jan. 19, 2021; 74 pages)
3. Code Concepts Report (Mar. 15, 2021 ; 21 pages)
4. IBTER Audit Report (Feb. 22, 2021 ; 8 pages)
5. City zoning map (June 2020)
5
K4EK4{J�AN1"),UK4
Overview of the Woodburn Middle Housing Ploject
T{J� City o[Woodburn City Council
1, �0K4Jamin l{icucuelLCascadiaPartners LLC and SerahBreakstoue, OtakInc.
I"),ATEMarch l7, 303l
What �s Wddle IHo0s�ng and IHo0se BRI 200T?
The purpose of this memo is to provide a brief summary of the Woodburn Middle Housing
Implementation Project.The primary goal of the project is to prepare the City to amend its
development regulations in order to comply with the requirements of Oregon House Bill 2001 ("HB
2001''). H8 2001 was passed in 2019 and it requires all cities with a population of over 25,000 to
allow"middle housing"types inmost residential zones. The intent ofBB2UU1istoprovide
Oregonians with more housing choices, especially housing choices more people can afford.
BB2UU1requires the City toallow duplexes ou tyf ry lot whereusingle-family house ispermitted
and to allow other middle housing types—triplexes, quadplexes,townhouses,and cottage cluster
housing—inmost areas where single-family housing ispermitted. The City must amend its
development regulations to comply with these requirements by June 30, 2022.
A secondary goal of the project is to evaluate whether any areas within the City would qualify for an
extension of this deadline because the area does not have sufficient infrastructure to support
middle housing. This is known as an Infrastructure-Based Time Extension Request or"IBTER".
lProject Scope and T�00ehne
The City has hired a consultant team led by Cascadia Partners, LLC and Otak, Inc.to assist with the
project.The scope of the code update project includes an audit of the City's development code and
comprehensive plan, preparing options for implementation,two rounds of public engagement
activities, and preparing adoption-ready code amendments.The scope ofthe lBT8Qproject
includes an audit of existing infrastructure deficiencies, a plan for remediating the deficiencies, and
preparation of an IBTER application that would be ready to submit to the state.
Project work began in October of 2020 and is scheduled to complete by June 2021.The first round
of public engagement activities will occur in late March/early April,then another round in May.
Several deliverables have been completed and are summarized below.
S00000ary of Background IReport
The Background Report provides a summary of the new state requirements as they apply to
Woodburn,an audit of the Woodburn Development Ordinance for compliance with those
requirements, and an analysis of Woodburn's residential areas. Key findings include:
* The City must amend all residential zones to comply with H13 2001. No zones currently
comply with H13 2001. Middle housing types must be defined and allowed in every zone.
* Many existing development standards that would apply to middle housing, such as
minimum lot sizes and off-street parking requirements, must be amended.
Attachment
6
• Though the state rules are prescriptive in some respects,there are many options for
applying new design and development standards to help ensure that middle housing"fits
in"with existing housing stock across Woodburn's various neighborhoods.
u irn irn a iry of Code Concepts IRe po in
The Code Concepts Report outlines a set of options for how the City can come into compliance with
HB 2001.The report addresses nine topics related to regulation of middle housing, including lot
sizes,building size,architecture,landscaping,and code incentives. Each option is evaluated based
on how it would affect three goals: housing options/affordability,compatibility/design,and
administration.These options have important consequences for where middle housing
development can occur and what it will look like.
u irn irn a iry of Infrastructure Audit IR e p o in
The team conducted audits of water, sanitary sewer, stormwater and transportation infrastructure
to evaluate if any areas in Woodburn would warrant an IBTER application.The audits were based
on existing, available information, stakeholder interviews, and City staff input.The audits did not
reveal infrastructure deficiencies that could be directly linked to development of middle housing.
While there are some infrastructure issues in the City, and some planned improvement projects,
there was not enough evidence to demonstrate that those infrastructure issues would be impacted
or made worse by the incremental increase in middle housing units.
Poky CIIh6ces for Co uir cH Consideiradon
The team requests the Council provide direction on the following policy choices:
• IBTER Application: The consultant team does not recommend filing an IBTER application.
Does the Council concur?It is possible for the team to attempt to prepare an application,but
this requires a significant use of resources and it is unlikely to be approved by the state.
• Code Update—Minimum Lot Sizes: Should middle housing be allowed on the same/similar
sized lots as single-family houses or should larger lots be required?The consultant team
recommends same/similar sized lots because it provides the opportunity for middle
housing on more sites and because requiring larger lots is not very effective in ensuring that
middle housing"fits in"in with existing neighborhoods.
• Code Update—Design Standards:
o Should the City regulate design more strictly than today and apply the same design
standards to middle housing and single-family housing?For example,the City does
not currently limit the overall size of buildings, require landscaping in front yards,
or require garages to be accessed from the side or rear of the lot. These standards
would help middle housing blend in with existing neighborhoods. However,under
HB 2001,if applied,they must also be required for single-family houses.
o Should design regulations vary by neighborhood more than they do today? Current
zone district boundaries include neighborhoods that can look and feel quite
different. Should design standards be tailored to account for these differences,even
if it makes the code more complex for staff and applicants?
7
WoollssuxN cnscAoin s.�i ►
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TaNe of Contents
SECTON I.: STATE POLICY FRAMEWORK
ExecutiveSummary......................................................................................................................... 1
Overview.......................................................................................................................................... 2
Administrative Rules and Model Code.............................................................................................. 2
Definitions:What is Middle Housing? ............................................................................................... 3
Applicability:Where do the Requirements Apply?............................................................................ 5
Siting:Where Must Middle Housing be Allowed in Applicable Areas?................................................ 9
Development and Design Standards: How Can the City Regulate the Form of Middle Housing?......12
Conversions of Single-Family Dwellings to Middle Housing.............................................................16
SECTON 2: PLAIN AND CODE R E D E
ExecutiveSummary........................................................................................................................18
Overview.........................................................................................................................................19
Summaryof Key Issues...................................................................................................................19
ComprehensivePlan ...............................................................................................................................19
Woodburn Development Ordinance ......................................................................................................20
City of Woodburn Comprehensive Plan...........................................................................................23
A. Comprehensive Plan Designations and Implementation ...................................................................23
D. Residential Land Development and Housing......................................................................................23
F. Commercial Land Development and Employment.............................................................................24
G. Growth Management and Annexation...............................................................................................25
K. Downtown Design...............................................................................................................................25
WoodburnDevelopment Ordinance................................................................................................26
Section 1: Organization And Structure ...................................................................................................26
Section 2: Land Use Zoning and Specified Use Standards.......................................................................29
Section 3: Development Guidelines And Standards................................................................................39
Section 4: Administration and Procedures..............................................................................................47
Section 5: Application Requirements......................................................................................................47
9
S CTM 3: NDGHBORHOOO PATTERNS N LYSIS
ExecutiveSummary........................................................................................................................50
Backgroundand Purpose................................................................................................................51
Pattern Area: Midcentury Ranch Senior Estates..............................................................................59
Pattern Area:Conventional Suburban.............................................................................................61
Pattern Area:Contemporary Suburban...........................................................................................63
PatternArea: Downtown Historic....................................................................................................65
PatternArea: Mixed-Era Mosaic.......................................................................................................67
PatternArea: Midcentury Ranch .....................................................................................................69
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I. ust ofTaNes
Table 1. Minimum Compliance Standards: Minimum Lot Size.........................................................10
Table 2. Minimum Compliance Standards: Density.........................................................................11
Table 3. Minimum Compliance Standards for Height,Setbacks, Lot Coverage,and Bulk/Scale.......13
Table 4. Minimum Compliance Standards-Off-Street Parking Requirements.................................15
Table 5.Analysis of Use Regulations in Residential Zones(based on Table 2.02A)...........................30
Table 6.Analysis of Minimum Lot Area Standards...........................................................................35
Table 7. Minimum Compliance Standards-Off-Street Parking Requirements.................................42
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I. ass of I ugures
Figure 1. Missing Middle Housing Conceptual Graphic ..................................................................... 3
Figure 2. Definitions of Middle Housing Types.................................................................................. 3
Figure 3.Same Building Envelope, More and Smaller Units.............................................................14
Figure 4. Building Height Measurement,WDO.................................................................................27
Figure 5.Alternative Building Height Measurement,City of Cincinnati Form-Based Code...............27
Figure 6.Comparison of WDO and Division 46 Housing Type Definitions.........................................28
10
IIIII
11
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I xecutuve Summary
Oregon House Bill 2001 ("HB 2001") requires the City of Woodburn to allow"middle housing"in
most residential zones. Specifically, the City is required to allow duplexes on every lot where a
detached single-family dwelling is allowed and to allow triplexes, quadplexes, townhomes, and
cottage clusters in areas zoned for residential uses that allow for single-family dwellings.'HB
2001 is implemented through Oregon Administrative Rules (OAR 660-046, "Middle Housing")
that are currently being drafted by the Department of Land Conservation and Development
(DLCD). The rules include a"Model Code"which Cities may adopt, in whole or in part, to
comply with HB 2001.
The administrative rules provide definitions for each of the five (5) middle housing types and
specify the number and configuration of dwelling units that the City must allow. The City will
need to amend existing definitions and add new definitions to the Woodburn Development
Ordinance (WDO) in order to regulate these housing types in compliance with HB 2001.
HB 2001 applies to any zoning district in which (1) residential uses are the primary use and
which implements a residential comprehensive plan designation and(2) the zone allows
single-family detached dwellings. All five (5) of Woodburn's residential zones meet this
criteria, and the Mixed Use Village (MUV) zone may also be required to comply with HB 2001.
The City may prohibit or limit middle housing in areas that are protected under existing
Statewide Planning Goals, infrastructure-constrained areas, and areas protected by other state
and federal laws. In Woodburn, this includes the Riparian Corridor and Wetlands Overlay
District and the Neighborhood Conservation Overlay District. It is unknown whether any areas
in the City will qualify as "infrastructure-constrained"lands. That will be determined through
an infrastructure analysis conducted as part of this project (Project B, "Infrastructure-Based
Time Extension Request Application").
The City may regulate the siting and design of middle housing development, within certain
parameters. The administrative rules establish"minimum compliance standards". If the City's
proposed regulations meet these standards, they comply with HB 2001. Generally, the intent of
these standards is to ensure middle housing is not subject to significantly more restrictive
regulations than single-family detached housing.
The City may depart from minimum compliance standards, but it must submit detailed
findings, for review by DLCD, that demonstrate the proposed regulations meet certain criteria.
The criteria are intended to ensure middle housing will be allowed broadly in residential zones
and that the regulations will not cause "unreasonable cost or delay" for middle housing
developments. Meeting these criteria will be complex and approval by DLCD is uncertain,
therefore,the project team's initial recommendation is to meet the minimum compliance
standards. This approach will be confirmed in the Code Concepts stage of the project.
ORS 197.758(2)
Woodburn Middle Housing Implementation I January 19,2021
1,1)1 1,1(l I Cmrt DILrI 1
12
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Ove Mew
House Bill 2001 (HB 2001) is a landmark piece of legislation with far-reaching implications for
residential zoning and land use across Oregon. HB 2001 requires cities with populations over
25,000— applicable to the City of Woodburn—to allow duplexes on every lot where a detached
single-family dwelling is allowed and to allow triplexes, quadplexes, townhomes, and cottage
clusters in areas zoned for residential uses that allow for single-family detached dwellings.2
Woodburn is one of many communities grappling with the implications of the law. The City
desires middle housing be integrated into the existing community fabric while remaining
compliant with state rules and providing needed housing options to the community.
The purpose of this section of the Background Report is to provide a concise summary of the
requirements associated with complying with HB 2001, as they apply to the City of Woodburn.
This section also identifies preliminary options for complying with HB 2001 and discusses
some challenges and opportunities associated with each. The section is organized as follows:
• Administrative Rules and Model Code
• Definitions: What is Middle Housing?
• Applicability: Where do the Requirements Apply?
• Siting: Within Applicable Areas, Where Must Middle Housing be Allowed?
• Development and Design Standards: How Can the City Regulate the Form of Middle
Housing?
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Adm�n�strat�ve RI,fles and MoM Code
Administrative Rules
HB 2001 tasked the Department of Land Conservation and Development (DLCD)with creating a
set of administrative rules that specify in detail how local governments will satisfy the broad
intent of the law. The rules were adopted by the Land Conservation and Development
Commission (LCDC) on December 9, 2020. The rules are incorporated as Division 46 of Chapter
660 of the Oregon Administrative Rules (OAR 660-046, "Middle Housing"). These rules will be
referred to as "Division 46"or"middle housing rules"in this report.
IMode[ Code
The legislation also tasked DLCD with preparing a Model Code for middle housing.'The Model
2 ORS 197.758(2)
3The Large Cities Model Code can be found here:
httDs:,/,/se cure.sos.state.or.us ZoardLviewSi ngleRule.action?ruleVrsnRsn=275556
Woodburn Middle Housing Implementation 2 January 19,2021
13
Code has two purposes. It serves as both a"benchmark"and a"backstop":
• Benchmark: The Model Code provides a benchmark against which local middle
housing regulations can be compared to establish compliance with HB 2001. The
administrative rules specify when the provisions of the Model Code will be used as a
benchmark for compliance.
• Backstop: If a city does not adopt middle housing regulations that comply with Division
46, then the Model Code automatically supersedes any existing, local regulations that
apply to middle housing.
Provisions of the Model Code are referenced in this section; however, the primary focus of this
report is to outline the requirements of Division 46. The Model Code represents one example of
a set of regulations that comply with Division 46, but the City is not required to comply with all
provisions of the Model Code.
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Deli nutbFns: What us KMe I.....lousng?
The concept of middle housing originated in the term"missing middle housing". The concept
generally refers to a wide range of housing types of a scale and density that fall between
detached, single-family homes and midrise, 3-5 story apartment buildings (Figure 1). Most
contemporary zoning codes only allow middle housing in higher density or multi-family zones,
although it is possible to design middle housing to be compatible with single-family dwellings.
Figure 1. Missing Middle Housing Conceptual Graphic
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For the purpose of HB 2001, middle housing is more narrowly defined. Middle housing
includes duplexes, triplexes, quadplexes, townhomes, and cottage clusters. The definition of
each and a illustrative example of the housing type is presented in Figure 2.
Figure 2. Definitions of Middle Housing Types'
4 OAR 660-046-0020
Woodburn Middle Housing Implementation 3 January 19,2021
I1),: .F111"'m rul Rr Cmri DIEM T
14
Duplex Triplex
Two attached dwelling units on a Lot or Parcel.A Three attached dwelling units on a Lot or Parcel.A
Medium or Large City may define a Duplex to include Large City* may define a Triplex to include any
two detached dwellings on one lot. configuration of three detached or attached
dwellings on one lot.
Quadplex Townhouse
Four attached dwelling units on a Lot or Parcel.A A dwelling unit that is part of a row of two or more
Large City* may define a Quadplexto include any attached dwelling units,where each unit is located
configuration of four detached or attached on its own lot and shares at least one common wall
dwellings on one lot. with an adjacent dwelling.
F
' Cottage Cluster
A grouping of no fewer than four detached dwelling units per acre with a
footprint of less than 900 square feet each that includes a common
courtyard.'A Medium or Large City*may allow Cottage Cluster dwellings to
be located on a lot or with each dwelling on a lot.
*Woodburn falls into the Large City category.
1�ME
Nurnber and Configuration of Units
F�
Division 46 also further specifies the number of units and configurations of units for each
middle housing type that cities must allow.6
5 This definition in the OAR conflicts with a later provision,which requires the City to set a maximum building
footprint of 900 square feet.The definition requires the footprint to be less than 900 square feet.The project team
will notify DLCD of this conflict.
6 OAR 660-046-0205(4)
Woodburn Middle Housing Implementation 4 January 19,2021
I.F111"'m rul Rr pnri DIEM T
15
• Duplex: Must allow two (2) attached units, but may allow units to be detached. May also
allow an ADU with a duplex.
• Triplex: Must allow three (3) attached units, but may allow units to be detached. May
also allow an ADU with a triplex.
• Quadplex: Must allow four (4) attached units, but may allow units to be detached. May
also allow an ADU with a quadplex.
• Townhouses: Must require two (2) attached units in a townhouse project and must
allow at least four (4) units in a townhouse project.
• Cottage Cluster: Not required to establish a minimum number of units, but if a
minimum is established, it must not be greater than five (5) units in a cluster. Must also
allow up to eight (8) units to be oriented around a single, common courtyard. The City
must allow the units to be on one lot, but may also allow the units be on individual lots
(subdivided).
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ApphcabMty4 Where do the Requ�remens f pp� y?
Residential Zones that Allow Single-Farnily Dwellings
Division 46 applies to any zoning district in which (1) residential uses are the primary use and
which implements a residential comprehensive plan designation and (2) the zone allows
single-family detached dwellings.'Division 46 does not apply to any of the following areas:
• Non-Residential Zones: Districts zoned primarily for commercial, industrial,
agricultural, or public uses.
• Residential Zones that Prohibit Single-Family Detached Dwellings: If a zone district
does not permit single-family detached dwellings, then it does not need to comply with
Division 46.
• Unincorporated Areas. Lands that are not incorporated and that are zoned under an
interim zoning designation that maintains the land's potential for planned urban
development. These are also known as"holding zones".
In Woodburn, this means that Division 46 applies to lands in the following zones:
• Residential Single Family (RS)
• Nodal Single Family Residential (RSN)
• Retirement Community Single Family Residential (RIS)
• Medium Density Residential (RM)
• Nodal Multi-Family Residential (RMN)
7 OAR 660-046-0010(2)
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Note that some lands outside of the City of Woodburn, but within the Woodburn Urban Growth
Boundary(UGB), are designated under a residential Comprehensive Plan designation and are
planned for future residential use. These lands are not subject to Division 46 until they are
annexed to the City and designated under a residential zone that allows single-family detached
dwellings.
Allowed II.,,,irnitations. Constrained Areas
Division 46 will allow the City to prohibit or limit middle housing in areas that are protected
under existing Statewide Planning Goals, infrastructure-constrained areas, and areas protected
by other state and federal laws.' In Woodburn, this includes the following areas:
• Riparian Corridor and Wetlands Overlay District.This overlay district is intended to
protect land under Statewide Planning Goal 5: Natural Resources (primarily wetlands
and stream corridors) and Goal 7: Natural Hazards (flood zones). The City may limit or
prohibit middle housing in this district, under certain conditions. See the Plan and Code
Review for a more detailed discussion.
• Neighborhood Conservation Overlay District.This overlay district is intended to
protect land under Statewide Planning Goal 5: Historic Resources. The City may limit
middle housing in this district, under certain conditions. See the Plan and Code Review
for a more detailed discussion.
• Infrastructure-Constrained Lands:There may be areas in Woodburn that qualify as
"infrastructure-constrained"and therefore the City may limit or prohibit middle
housing under certain conditions. This project includes conducting an analysis to
determine which, if any, areas may eventually be designated as Infrastructure-
Constrained. If there are areas which may qualify, then the City will submit an
Infrastructure-Based Time Extension Request (IBTER) to defer compliance with
Division 46 until the infrastructure issues can be remedied.
Allowed I1,,,imitation. IMaster IPlanned Communities
Division 46 allows large cities to treat Master Planned Communities somewhat differently than
other residentially zoned areas.'These areas are typically on the urban fringe, or even large
infill parcels, and may be called"master plans", "specific plans", or"area plans". Local
governments often design and scale public facilities based on these master plans in order to fit
the intensity of use. A city could face significant problems if facilities are designed to serve a
certain number of dwelling units were instead developed with up to four times those number
of units (replacement of expected single-family development with quadplex or townhome
development, for example).
Master Planned Communities include any site that meets either of the following criteria:
$OAR 660-046-0205(2)
9 OAR 660-046-0205(2)(c)
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• Adopted or Proposed Master Plan: A site over 20 acres that is within the City of
Woodburn or the UGB and that has either adopted or proposed to adopt a master plan.
• Future Master Plan Areas:Any site that is added to the Woodburn UGB after January 1,
2021 for which the City proposes to adopt a master plan.
If the site meets the definition of a Master Planned Community, then the City may regulate
middle housing development as follows:
• Existing Master Plans-Developed Areas: In developed areas within an existing master
plan, the City may not restrict future redevelopment or conversion of single-family
dwellings to any middle housing type.
• Existing Master Plans-Undeveloped Areas: In undeveloped areas within an existing
master plan, the City may limit middle housing other than duplexes to certain areas or
lots, so long as the City permits an overall net density of at least eight (8) units per acre.
Duplexes must be permitted on every lot where single-family dwellings are permitted.
• Future Master Plans:The City may not limit the location of any middle housing types,
but it may limit overall new density to no less than 15 dwelling units per acre.
Additionally, the City is required to plan to provide urban water, sanitary sewer,
stormwater, and transportation systems that accommodate at least 15 units per acre in
the Master Planned Community. If an applicant proposes densities exceeding those
assumed for infrastructure planning purposes, the City may require the applicant to
demonstrate there are sufficient public services for the development.
Some areas in the Woodburn may meet the definition of a Master-Planned Community. There
are three (3) Planned Unit Developments (PUDs) that are over 20 acres which could be
classified as a Master Planned Community:
• Links at Tukwila Phase IV
• Boones Crossing
• Smith Creek
Each of these PUDs includes some undeveloped areas.As noted above, these areas are not
subject to the general Division 46 requirements but must the City must meet the special
provisions for existing, previously approved Master Planned Communities. As such, the City
must allow these previously approved PUDs to be amended by the applicant to allow for (1) an
overall net density of at least 8 dwelling units per acre and (2) allow for the development of a
duplex on every lot. It is unclear if the three previously approved PUDs would allow for at least
8 dwelling units per acre, and none of the PUDs included an allowance for a duplex on every
lot.
To implement this change, it is recommended that the City amend WDO Section 3.09.07
(Modifications to an Approved Detailed Development Plan) to identify that any previously
approved PUD can be amended to use these Master Planned Community allowances.
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Note. Properties Subject to Covenants, Conditions, and Restrictions ( I )
Division 46 does not invalidate any existing, private Covenants, Conditions, and Restrictions
(CC&Rs) or other deed restrictions which may have the effect of limiting or prohibiting middle
housing development. CC&Rs are common in larger subdivisions and master planned
neighborhoods,which also often have a Home Owners Association (HOA). There are at least
four (4) such neighborhoods in Woodburn: Senior Estates, Tukwila, Paradise Pointe, and
Boones Crossing (see Figure 3).
In many communities, it is common for CC&Rs to include a restriction on duplexes, accessory
dwelling units and other forms of multi-family development.At this stage, it is unknown
which, if any, neighborhoods in Woodburn are subject to such restrictions. If available, this
information will be incorporated into the Code Concepts to provide context about the likely
impacts of middle housing code changes.
House Bill 2001 does include a provision to prohibit future CC&Rs or other deed restrictions
(recorded after the passing of the bill) from prohibiting middle housing on properties that
would otherwise allow single-family dwellings.
Figure 3. Neighborhoods with HOAs/CC&Rs
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Sutu ng: Where IMust KMe I lousng be Mowed un ApphcaNe Areas?
Within the areas where Division 46 applies, the City has some discretion in regulating where
and how middle housing can be developed. Conventionally, the locations and lots where
middle housing types are allowed have been regulated either through minimum lot size and
maximum density standards or through location-based criteria, such as limiting a certain
housing type to corner lots or higher classification streets.
Division 46 does not provide discretion to the City to limit the location of duplexes. The City
must allow duplexes on every lot where a single-family detached dwelling is allowed, including
any existing, non-conforming lots where a single-family detached dwelling would be allowed.
For all other middle housing types, Division 46 provides the City with two "tracks" for
regulating where middle housing can be developed:
• Track 1:Minimum Compliance Standards for Lot Size and Density.The City may
adopt minimum lot size and maximum density standards that meet a set of minimum
compliance standards that are established in Division 46. These standards are
summarized below.
• Track 2:Performance Metrics. In lieu of meeting the minimum compliance standards,
the City may apply different minimum lot size, maximum density, or other location-
based restriction to middle housing so long as the City can demonstrate it meets certain
performance metrics. These metrics are summarized below.
Track .J... Minimum Compliance - II.,,,ot Size and Density Standards
The intent of HB 2001 is to allow middle housing types broadly in all residential areas,
including neighborhoods of predominantly single-family housing. Some of the most common
barriers to development of middle housing in single-family zones are minimum lot size and
maximum density standards. It is typical for the minimum lot size for a duplex, triplex, or
quadplex to be higher than the minimum lot size for a single-family house. This appears logical
if one assumes that the density on any one lot must be relatively similar across housing types.
However, an underlying premise of HB 2001 is that these types of restrictive density
regulations effectively prohibit needed forms of smaller, more affordable housing and increase
the cost of housing. They do so by restricting the number of lots where middle housing can be
developed and by requiring more land area than is necessary to accommodate the housing.
Although middle housing types are more dense than most single-family housing, the potential
impacts associated with this density are easier to mitigate for middle housing types than for
larger, multi-family housing. By definition, middle housing types are limited in the number of
units allowed on one lot, and the scale of middle housing can be regulated to be compatible
with single-family dwellings by applying certain standards.
For these reasons, the minimum compliance standards of Division 46 establish relatively
Woodburn Middle Housing Implementation 9 January 19,2021
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stringent limitations on minimum lot sizes that a city can apply to middle housing. For
triplexes, quadplexes, and cottage clusters, the minimum lot size cannot be greater than the
minimum lot size that is applied to single-family dwellings, unless the minimum lot size for a
single-family dwelling is lower than 5,000-7,000 square feet(see Table 1). Minimum lot sizes for
townhomes must be no greater than 1,500 square feet per townhome unit on average, meaning
the City can apply different lot sizes for interior, corner, or exterior lots so long as the average
of these minimum is no greater than 1,5000 square feet
Table 1. Minimum Compliance Standards: Minimum Lot Size"
Single family min lot Min lot size must be no greater than...
size equals... Duplex Triplex Quadplex Cottage Cluster Townhomes
Less than 5,000 sf 5,000 sf
-- -- -- -- -- 7,000 sf 7,000 sf 1,500 sf per
5,000-7,000 sf No greater than
SF min lot sizetownhome
No greater than
SF min lot size on average
7,000 sf or higher No greater than No greater than
SF min lot size SF min lot size
Similarly, the minimum compliance standards for density ensure that maximum density
standards would not effectively preclude middle housing on many lots (Table 2). Duplexes,
triplexes, quadplexes, and cottage clusters are exempt from maximum density standards.
Cities must also set a minimum density for cottage clusters of at least four dwelling units per
acre to ensure they meet the intent of HB 2001 to provide an alternative, compact housing
option.
For townhomes, the maximum density standard must be at least four (4) times the maximum
density applied to single-family dwellings. This is because cities must allow at least four (4)
attached townhome units in any townhome project. Thus, the standard effectively requires
cities to allow a 4-unit townhome project on the same size lot as a single-family dwelling.
io OAR 660-046-0220
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Table 2. Minimum Compliance Standards: Density"
Duplex Triplex Quadplex Cottage Cluster Townhomes
Exemption or Min density must be Max density must be 4
limitation on Exempt Exempt from Exempt from at least 4 units/acre times the max density
densityfrom max max densitymax densityExempt from max applied to single-family
p density dwellings,or 25 units per
standards density acre,whichever is less
"rack 2. Performance IMetrics
As an alternative to the minimum compliance standards, a city may elect to demonstrate
compliance with Division 46 by showing that its proposed middle housing standards effectively
allow for middle housing broadly in residential areas. This is termed the "performance
metrics"track.
Under this track, the City of Woodburn would develop its own set of minimum lot size,
maximum density, and other location-based criteria that it proposes to apply to middle housing
types (other than duplexes). Then, the City would conduct an analysis to apply the proposed
standards to existing lots. The analysis must demonstrate that the proposed standards meet
two "tests"."
• Minimum Share Test. The proposed standards must allow for middle housing on
minimum percentage of lots within all applicable residential zones, excluding lots
where the city does not allow the housing type due to natural hazards, infrastructure
deficiencies, or on lots in master-planned areas.
• Equitable Distribution Test. The proposed standards must allow at least one middle
housing type on 75% of all applicable lots within each Census Block Group.
Compared to the Minimum Compliance Standards Track, the Performance Metrics Track
offers the City more flexibility in regulating where middle housing can be developed. However,
Track 2 would require a more complex analysis, would be subject to more scrutiny by DLCD to ensure
the proposed standards meet the Division 46 rules, and would require ongoing monitoring to ensure
that future code updates do not render the City out of compliance.
The default is Track 1. It is recommended that the City engage the public and policymakers to
more fully understand goals and concerns related to middle housing. The appropriate track
will be confirmed in the Code Concepts stage.
11 OAR 660-046-0220
12 OAR 660-046-0205(3)(b)
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Developm ent and Desgn Standards: I low Can the Uty Regulate the
I orm of Wddle I lousUng?
A key intent of HB 2001 is that middle housing types not only be theoretically allowed in
residential zones, but be subject to standards that generally support the economic feasibility
and relative attractiveness of building middle housing. The bill requires that local regulations
"do not, individually or cumulatively, discourage the development of all middle housing types
permitted in the area through unreasonable costs or delay."I'
Beyond the minimum lot size and density standards discussed above, a host of other
development and design standards can present unnecessary barriers to middle housing and
increase the cost of housing. These standards may include minimum off-street parking
requirements, minimum setbacks, maximum height, maximum lot coverage, and architectural
design standards, among others.
Similarly to lot size and density standards, Division 46 presents the City with two tracks for
applying development and design standards that satisfy the intent of HB 2001 to middle
housing types other than duplexes. Duplex standards must meet the minimum compliance
standards presented below and are not eligible for Track 2.
• Track 1:Minimum Compliance Standards.The City may adopt development and
design standards that meet a set of minimum compliance standards that are established
in Division 46. These standards are summarized below.
• Track 2:Alternative Design and Development Standards. In lieu of meeting the
minimum compliance standards, the City may apply alternative design and
development standards, but the City must produce findings to demonstrate that the
proposed standards will not cause "unreasonable cost or delay"to middle housing
development."
Track 1. II inirnurn Compliance Development and Design Standards
Fleight, Setbacks, 11 ot Coverage, n IBuIA and Scale
Maximum height, minimum setbacks, maximum lot coverage, and other related standards,
establish the basic building envelope on a given lot. They affect the placement and scale of a
building in relation to its lot. The standards also affect the amount of floor area it is feasible to
build and, in turn, the maximum size of the dwelling unit(s) in the building. Thus, these
standards affect both visual compatibility and economic feasibility.
The minimum compliance standards for these regulations generally prohibit cities from
applying more restrictive standards to middle housing than single-family dwellings (see Table
13 ORS 197.758(5)
14 OAR 660-046-0235
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3). An underlying premise of the rules is that middle housing types can be constructed within a
similar building envelope as a single-family dwelling, but the units would be smaller (see
Figure 4 for an illustration of this concept). This is likely to produce middle housing projects
that are more compatible with the basic form and scale of single-family dwellings.
Additionally, smaller dwelling units also tend to be more affordable units, so allowing more
units within a similar building envelope is consistent with the overall intent of HB 2001 to
provide more affordable housing options.
Table 3. Minimum Compliance Standards for Height,Setbacks, Lot Coverage,and Bulk/Scale Limits"
Limitations of Middle Housing Rules
Standard
Duplex Triplex Quadplex Cottage Cluster Townhomes
No lower No lower than single No lower than single-
Max Height than single- family and no lower None family and if covered
family than 25 ft or 2 stories parking is required,no
lower than 3 stories
Perimeter:no greater than Overall structure:no
single-family or 10 ft greater than single-family
Min Setbacks No greater than single-family Between units:must
Between cottages:no allow zero foot side
greater than 10 ft
setbacks
Max Lot
Coverage or Exempt,but must apply No less than single-family
other Bulk and No less than single-family max building footprint of if applied to the overall
Scale Limits 900 square feet structure
15 OAR 660-046-0220
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Figure 4. Same Building Envelope, More and Smaller Units
<'
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1 ftt 2 Units
�7.0 dui/acre 13.9 du/acre
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4 Unfits 8 Units
,9 du/acre cre :55.8 du/acre
Image Source:Opticos Design
Off-Street IP rking
Alongside lot size and density restrictions, minimum off-street parking requirements have
typically been one of the most significant barriers to developing middle housing types. Off-
street parking, whether in a garage or surface lot, consumes site area that may otherwise be
used for housing, and constrains design options on a site. Dedicating site area and constructing
improvements needed for parking adds to the cost of housing development and, in some cases,
can render a project economically infeasible.
To address this issue, the Division 46 minimum compliance standards for off-street parking
limit the number of parking spaces that a city may require for each middle housing type.
Generally, the standards equate to requiring no more than 1 space per dwelling unit in most
instances. For triplexes and quadplexes on smaller lots, the standards set a lower limit
depending on the size of the lot (Table 4).
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Table 4. Minimum Compliance Standards-Off-Street Parking Requirements"
Lot size of the Minimum off-street parking requirements must be no greater than...
development site Cottage
equals... Duplex Triplex Quadplex Cluster Townhomes
Less than 3,000 sf 1 space(total) 1 space(total)
3,000-5,000 sf 2 spaces(total) 2 spaces(total)
- - 2 spaces(total) 1 space per unit 1 space per unit
5,000-7,000 sf 3 spaces(total)
3 spaces(total)
7,000 sf or greater 4 spaces(total)
It is important to note that the minimum compliance standards do not limit the number of
parking spaces that any particular development may choose to provide on a middle housing
site. The standards apply to the City's minimum requirements, not directly to middle housing
development. In fact, many developers are likely to exceed the City's minimum requirement if
they perceive that more parking is needed to make the housing more attractive to potential
tenants or buyers.
Architectural IDesign Standards
The minimum compliance standards also set parameters on architectural design standards
that can be applied to middle housing types. The intent of these standards is to allow cities to
regulate the form and style of middle housing,while ensuring that design standards for middle
housing are not more onerous than similar standards applied to single-family dwellings, and
do not cause unreasonable costs or delay. Note that the standards do not require cities to apply
design standards to middle housing.
The minimum compliance standards provide three options for applying design standards to
middle housing.17
• Model Code:Adopt the applicable design standards provided for in the Model Code.
• Less Restrictive than the Model Code:Adopt design standards that are less restrictive
than those provided in the Model Code.
• Single-Family Standards:Apply the same clear and objective standards as applied to
single-family dwellings. The standards must scale with form-based attributes, not the
number of dwelling units. For example, a standard related to the design of entrances
may not be required for each entrance to a dwelling unit, but could be required based
on the length of a fagade.
16 OAR 660-046-0220
17 OAR 660-046-0225
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Track 2. Alternative C velop nt and Design Stam aur
In lieu of meeting the above minimum compliance standards, a City may adopt alternative
standards (existing or newly proposed), but only through more work.18 If proposing new
standards, the City must submit findings and a detailed analysis demonstrating to DLCD that
the proposed standards will not cause unreasonable cost or delay, including cost of
construction, cost of land, availability to acquire land, and the proportionality of these costs
with the public benefits of the standard. Note that Track 2 is prohibited for minimum lot size
and maximum density provisions.
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C.onversuc."bis of Su n&d arliky [_)wdh ngs to KMe I.....•10 u`'m
Division 46 requires cities to treat conversions or additions to existing single-family dwellings
to create middle housing differently than new development or wholesale redevelopment that
results in middle housing. The intent is to not discourage conversions of single-family
dwellings by applying standards that, while they may be feasible to comply with on a vacant
site,would cause an unreasonable barrier on a site where an existing structure is to be kept
and converted or added to.
The rules require cities to provide for the following allowances for conversions of single-family
dwellings to middle housing.19 Unlike the provisions above, there are no alternatives to these
requirements.
• Existing,Non-Conforming Situations: Cities must allow additions to, or conversion of,
single family dwelling, if it does not increase nonconformance with an existing, non-
conforming standard, unless it is permitted by the to increase non-conformance with
the standard. For example, a house which exceeds the maximum lot coverage of the
zone may be converted to a duplex, so long as the lot coverage of the structure is not
increased.
• Public Works Exceptions: If exceptions to public works standards, such as frontage
improvement requirements, are allowed for a single-family dwelling, the same
exception must also be granted for conversion or addition to a single-family dwelling to
create middle housing.
• Exempt from Design Standards: Cities are not permitted to apply architectural design
standards to middle housing types created through conversion or addition to a single-
family dwelling.
• Existing Single-Family Dwelling in a Cottage Cluster: Cities must allow for an existing
single-family dwelling to be retained in a cottage cluster development, under certain
conditions.
8 OAR 660-046-0235
9 OAR 660-046-0230
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IIIII
28
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I xecutuve Summary
The implementation of HB 2001 by the City of Woodburn will require significant amendments
to both the Woodburn Comprehensive Plan ("Comprehensive Plan") and Woodburn
Development Ordinance ("WDO"). Broadly, HB 2001 requires the City to reframe its housing
policies and land use regulations from a typically binary treatment of housing types (single-
family and multi-family) into a more nuanced treatment that integrates middle housing types.
Many policies and regulations that apply to "high density" or"multi-family"housing may need
to be amended so they do not apply to middle housing or so they do not regulate middle
housing in a more restrictive manner than single-family housing. Conversely, policies and
regulations that apply to "low density" or"single-family"will need to be amended to also apply
to middle housing or to otherwise integrate middle housing.
The sections of the Comprehensive Plan that require most significant amendments are (A)
Comprehensive Plan Designations and(B) Residential Land Development and Housing. The
amendments may include changes to mapped designations, revisions to existing goals and
policies, and new goals and policies to articulate the City's general approach to middle housing.
The most significant amendments to the WDO are needed in Section 2.02 -Residential Zones.
Allowed uses in all residential zones (Table 2.02A) must be restructured and amended to
integrate middle housing types. Significant amendments are needed to minimum lot size and
maximum density in all residential zones to satisfy the Minimum Compliance Standards.
Minimum lot sizes for duplexes must be reduced from 8,000-10,000 square feet to be equivalent
to single-family minimums of 3,600-8,000 square feet. Minimum lot sizes rowhouses must be
reduced from 3,000-5,000 square feet to an average of 1,500 square feet. Current minimum lot
sizes for triplexes, quadplexes, and cottage clusters are either too high or not clearly defined.
Complying with HB 2001 will also require significant amendments to off-street parking
standards (Section 3.05). To satisfy Minimum Compliance Standards, the City would need to
reduce current requirements from 2 spaces per dwelling unit to typically no more than I space
per dwelling unit for middle housing types.
Less significant amendments are needed to other standards that regulate the form and design
of middle housing, such as maximum height, setbacks, and architectural design, to satisfy the
Minimum Compliance Standards. However, it may be appropriate to make more significant
changes to these standards, or adopt new standards, to ensure middle housing meets the City's
goals for architectural design, compatibility, and affordability.
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Ove Mew
The purpose of this section of the Background Report is to identify provisions of the Woodburn
Comprehensive Plan ("Comprehensive Plan") and Woodburn Development Ordinance
("WDO") that are subject to the requirements of OAR 660-046 ("Middle Housing"or"Division
46"). The Plan and Code Review identifies provisions that may need to be, or must be, amended
in order to comply with Division 46. The review also identifies provisions that are missing or
opportunities to improve the regulations related to middle housing to best implement the City's
broader goals and policies. This memo will help to establish the scope of plan and code
amendments that are detailed in later stages of the project.
The memo begins with a summary of key findings and issues that arose from the review.
Following this summary, the memo provides a series of tables which list all provisions that
may need to be amended, presented in the sequence they are included in the Comprehensive
Plan and WDO. The table includes a brief assessment of the amendments that may be needed
to comply with Division 46 or identifies opportunities to improve middle housing-related
regulations.
Sum mary of Key Issues
Comprehensive Plan
The Woodburn Comprehensive Plan is described as:
"the controlling land use document for the City and its Urban Growth Boundary(UGB). From
a land use perspective, the comprehensive plan is like a state or federal constitution: it provides
the legal fi-amework and long-term vision for implementing plans and land use regulations."
Volume I of the Comprehensive Plan sets out the goal and policies that direct implementation
of the WDO and other City land use decisions, including the regulation of residential land uses
and housing development. The sections of the Comprehensive Plan that most closely related to
HB 2001 are (A) Comprehensive Plan Designations and(B) Residential Land Development and
Housing, though several other sections include relevant goals and policies.
The following is a summary of key issues with Comprehensive Plan designations, goals, and
policies related to implementation of HB 2001:
• Use of"Single-Family Zone": Several zone districts, Comprehensive Plan designations,
goals, and policies use the term"single-family zone"or"single-family area". Under HB
2001, the City will no longer be allowed to maintain zones which exclusively allow
single-family housing, and all residential zones that allow single-family housing will be
required to also allow a range of middle housing types. For clarity, it may be
appropriate to replace the term"single-family" anywhere it is used to describe an entire
zone district or Comprehensive Plan designation.Alternative terms could be "low
Woodburn Middle Housing Implementation 19 January 19,2021
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density" or"low intensity"zones. Note this issue does not apply to the term"single-
family dwelling", which will remain a permitted use in many, if not all, of Woodburn's
residential zones.
• Comprehensive Plan Designations.The scope of this project could include creating
new base zones or consolidating existing base zones. If this is proposed, it may also be
necessary or advisable to amend Comprehensive Plan designations to accordingly.
• Revisions to Existing Goals and Policies: Minor amendments may be needed to
existing goals and policies to clarify how they apply to middle housing. See tables below
for specific policies.
• New Goals and Policies: Implementing HB 2001 will constitute a major shift in the
manner in which the City regulates residential development.Accordingly, it is
appropriate to draft new goals and policies to articulate the City's approach and
preferences for how middle housing is developed in the City, within the confines of
new state law.At a minimum, new policies should address:
o Housing Options and Affordability: How middle housing types present an
opportunity provide additional housing options and potentially more affordable
housing types. This policy may relate middle housing to the housing needs
identified in the Housing Needs Analysis.
o Middle Housing in Existing Neighborhoods: How new middle housing
developments should be integrated into existing residential neighborhoods and
be compatible with existing neighborhood development patterns.
o Middle Housing in Growth Areas:How middle housing developments should be
incorporated into growth and expansion areas on larger sites on the fringe of the
City and within the UGB.
Woodburn Development Ordinance
Approach to the Cade IReview
The primary purpose of this initial review of the WDO is to identify provisions that are subject
to HB 2001 and evaluate compliance with the Division 46 middle housing rules. In some cases,
as outlined in the State Policy Framework, Division 46 allows for multiple options or"approval
tracks"for satisfying the intent of HB 2001. Generally, at this stage of the project, it is only
feasible to assess whether the code meets the Track 1 criteria ("Minimum Compliance
Standards") for siting, design, and development standards because the Track 2 option
("Performance Metrics" or"Alternative Design and Development Standards") requires a
detailed spatial or economic analysis. It is not advisable to conduct this analysis until the City
has determined that Track 1 approval is not feasible or desirable, and a complete set of
proposed middle housing standards is available to evaluate.
Beyond compliance with Division 46, the code review also seeks to identify the following:
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• Opportunities to improve existing standards to better address design and compatibility
goals related to middle housing;
• Opportunities to reduce unnecessary barriers to middle housing development; and
• Issues caused by redundancy, lack of clarity, or unnecessary administrative complexity.
IKey IFin ings and Issues
The following key issues have been identified through the review of the WDO:
• Definitions.The City's existing definitions of various housing types will need to be
revised, and new definitions may be needed, to clarify how middle housing types are
defined and to ensure consistency with Division 46 rules.
• Allowed Uses. None of the City's residential zones,which are all currently subject to
Division 46, fully comply with the requirements associated with allowed uses.
o The most significant changes will be required in the Residential Single Family
(RS), Nodal Single Family Residential (RSN), and Retirement Community Single
Family Residential (RIS) zones,which currently either exclude all middle
housing or only allow duplexes on corner lots.
o The Medium Density Residential (RM) and Nodal Multi-Family Residential
(RMN) zones are closer to compliance with Division 46. However, it is not clear
that these zones would currently permit cottage cluster housing because this
housing type is undefined in the WDO.
• Development Standards. None of the City's residential zones fully comply with the
requirements associated with development standards in Division 46.
o Significant amendments would be needed to minimum lot size, minimum lot
width, and maximum density in all residential zones to satisfy the default Track
1 Minimum Compliance Standards.
o Relatively minor amendments would be needed to maximum height, minimum
setbacks, and maximum lot coverage to satisfy the Minimum Compliance
Standards, so long as the same or less restrictive standards that apply to single-
family dwellings would also apply to middle housing. However, more significant
amendments to these standards may be needed to ensure middle housing meets
the City's goals for design, compatibility, and affordability.
• Overlay Districts. Generally, the City's overlay districts do not apply more restrictive
standards to middle housing than single-family dwellings. Minor amendments may be
needed to the Neighborhood Conservation Overlay District, Nodal Overlay Districts,
Riparian Corridor and Wetlands Overlay Districts to ensure compliance.
• Special Uses.The special use standards that apply to duplexes must generally be
eliminated because they do not comply with Division 46. Minor changes are needed to
Accessory Dwelling Unit(ADU) special use standards to clarify whether and how ADUs
are allowed on sites with middle housing.Additionally, amendments are needed to
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comply with other state requirements that apply to ADUs, and perhaps more significant
amendments are appropriate if the City decides to align ADU standards more closely
with middle housing standards.
• Streets,Utilities, and Easements: Minor amendments are needed to clarify
applicability to middle housing and ensure compliance.Additional changes may be
appropriate to advance design and feasibility goals related to middle housing, such as to
minimum lane widths,width of Public Utility Easements (PUEs).
• Parking:Significant amendments are needed to satisfy the Minimum Compliance
Standards associated with parking under Division 46. See the Section 1 State Policy
Framework document, Off-Street Parking and Table 4 (p. 15).
• Architectural Design Standards: Significant amendments are needed to satisfy the
Minimum Compliance Standards associated with design standards under Division 46.
Alternatively, the City may seek Track 2 approval of existing design standards, but it is
unclear that it is feasible to meet the Track 2 criteria which require showing that the
standards would not cause "unreasonable cost and delay"to middle housing
development. There may also be opportunities to improve existing design standards to
better address design issues specific to middle housing types.
• Application Requirements: Minor amendments are needed to clarify applicability to
middle housing and to ensure compliance with Division 46 rules that require middle
housing be subject to the same approval process as single-family dwellings.
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CJty of Woodburn Comprehensve Nan
A. m r he siv IPlan Designations and 11 n Iplennentati oil
Section Issue or Revision Needed
Policy Table 1: 0 If new base zones or Comprehensive Plan designations are
Comprehensive Plan proposed or the names are revised (such as to remove
Designations and references to "single-family), this table will need to be
Implementing Zoning revised.
Districts 0 The minimum lot sizes and maximum densities listed in this
table will need to be revised or removed from the
Comprehensive Plan (and left to the WDO).
Site Plan Review Reference to requiring Site Plan Review for"Multi-Family(3+
units)"will need to be revised if definition of multi-family is
amended to differentiate it from middle housing types.
ID. Residential 11 and Development and Housing
Section Issue or Revision Needed
Residential Plan The descriptions of Medium Density Residential Lands and
Designations Low Density Residential Lands may need to be revised to
clarify whether each, or both, permit or encourage middle
housing types. Middle housing may blur the distinction
between Low Density and Medium Density designations.
• Description of Low Density residential designation speaks to
protecting these "sensitive land uses". This may be
inconsistent with the intent of HB 2001. It may be appropriate
to update this to recognize that middle housing will be
integrated and may have impacts on the character of single-
family areas.
Residential Land Use This is an appropriate location to add a new policy that articulates
Goals and Policies how new middle housing developments should be integrated into
existing residential neighborhoods.
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Section Issue or Revision Needed
Policy D-1.3 This policy may need to be revised to reflect that it may be more
difficult to achieve "openness and spaciousness"under HB 2001
in the same manner as this policy envisions.
Policy D-1.10 This policy may need to be revised to clarify if middle housing is
included in the term"high density areas". If it is, it may be
necessary to adjust the language related to buffering and density
transitions to reflect that these standards may not be permissible
under Division 46.
Housing Goals and This is an appropriate location to add a new policy to articulate
Policies how middle housing types present an opportunity provide
additional housing options and potentially more affordable
housing types.
Policy Table 2: Needed Significant amendments are needed to reflect compliance with
Housing Types and HB 2001 and integrate middle housing. "Needed Housing Types"
Implementing Zoning column should incorporate all middle housing types, remove
Districts limitation of duplexes to corner lots. "Implementing Zoning
District"column must be revised so middle housing types are
allowed in all residential zones where single-family dwellings are
allowed.
Policy D-26 It may be appropriate to amend this policy to identify that some
middle housing types, particularly cottage clusters and
townhouses, will provide affordable homeownership
opportunities across all residential zones.
Policy D-27 This policy may be unnecessary if the shown changes have been
implemented. It may be more appropriate to generally describe
the intent behind the Nodal Development Concept.
IF. Commercial I1,,,and Development ani Employment
Section Issue or Revision Needed
Policy F-1.10 This policy may need to be revised if the allowed uses/housing
types in the Downtown Gateway sub-district of the CG zone are
revised to clarify allowances for middle housing.
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Section Issue or Revision Needed
Policy F-1.11 This policy may need to be revised if the allowed uses/housing
types in the Mixed Use Village Overlay district are revised are
revised to clarify allowances for middle housing.
G. Growth Managennent and nnexati o
Section Issue or Revision Needed
Growth Management This is an appropriate location to add new policy related to how
Goals and Policies middle housing developments should be incorporated into
growth and expansion areas.
Policy G-1.2 It may be appropriate to amend this policy to identify middle
housing as a strategy to maximize use of residential land
I . IDowntown Design
Section Issue or Revision Needed
Policy K-7.4 It may be appropriate to revise to clarify how middle housing fits
into the policy goals related to residential development in the
downtown area.
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Woodburn Devdopment Ordanance
Section J... Organization And Structure
1,02 Definitions
Subsection Issue or Revision Needed
"Building Height" The WDO measures building heights to the midpoint of a pitched
roof. One technique for ensuring compatibility of middle housing
setting a two part height limit: one limit to the bottom of eaves
(pitched roof)/top of parapet (flat roof) and another limit to top of
ridge (see Figure 5 and Figure 6). This more strictly limits the height
of low pitch or flat roof buildings, encourages steeper pitches, and
can help ensure a more "house-scaled"building.
"Dwellings" Several amendments or additions will be needed to integrate middle
housing types, differentiate them from existing housing types in some
cases, and ensure compliance with Division 46 (see Figure 7).21
• Single-Family Dwelling: Need to add definition for Cottage Cluster
and differentiate from Single-Family Dwelling. City can elect to
allow cottage clusters on a single lot or individual lots.
• Duplex: WDO defines as two units in one building (attached).
Division 46 allows for attached or detached. City may elect to
allow detached as well.
• Row House: WDO defines as three or more attached units on own
lot. Division 46 (uses "Townhouse"term) requires that City must
only require two attached units and must allow for at least four
attached units in a townhouse project.Amendments needed for
clarity.
• Multiple Family Dwelling: WDO defines as a building containing
three or more units. This definition would include triplexes and
quadplexes. It may be necessary to amend this definition to
differentiate triplexes and quadplexes, either as a subtype of
Multi-Family Dwelling or a separate type(s) altogether.
• Medium Density Residential: This term includes multi-family
dwellings, as well as a nursing home, or group care facility. Under
the definition of multi-family dwelling, this would also include a
20 OAR 660-046-0020
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triplex or quadplex. It may be necessary to amend this definition
to exclude these middle housing types.
Figure 5. Building Height Measurement,WDO
VIIILliiiii VIII l
VIII°°°°11111 liii Illlh°° °
e
Reference datum Q
10' or less between
points A and B B
Figure 6.Alternative Building Height Measurement, City of Cincinnati Form-Based Code
00
.....
I
This two-part approach to
maximum height more strictly
limits the height of low pitch or flat
tisA9tatids"du �o�� roof buildings,encourages steeper
pitches,and can help ensure a
more"house-scaled" building.
6MAIL19,I Emma=
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Figure 7. Comparison of VV DO and Division 46 Housing Type Definitions
..................,
This graphic shows how the City's Single-Family Cottage Cluster
Dwelling lots
existing definitions relate to the �•.....(individuavidual... )..,r
definitions of middle housing in
Division 46. Revisions to existing :""......"�•
definitions or new defined terms Duplex 00-: Duplex
are needed to enable the city to «...,.....I.........
better differentiate between
housing types. •"""""'"'""•
LRow (House Townhome
: :
.
«...............i.�«
Multiple Family
Dwelling Triplex
«................
Medium
Density Group Care FaciliI .......
OuadpLex
Residential I........
�................
Cottage Cluster
Nursing Home (single lot)
«..................
...............
LEGEND WDO Term : DAR Term
:
«............•
1,04u Nonconforrining Vises and IDeveloprinent
Subsection Issue or Revision Needed
1.04.02: Change or This standard could require upgrading substandard house
Expansion of an Existing parking when a house is converted to middle housing, a
Use with Nonconforming concern for houses that are old enough and/or on smaller lots
Parking, Loading and/or that they fail to conform to the City's existing parking
Landscaping standards, which require two (2) spaces per dwelling and
typically located in a garage. It may be appropriate to provide
relief from this standard for certain sites.
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1.04.03: Change or 1.04.03A requires expansions or additions to not increase
Expansion of an Existing nonconformance with certain development standards. This is
Use within a permissible under Division 46, however, the City may
Nonconforming Structure consider providing some relief from this standard for certain
sites or situations. This issue also affects ADU development.
1.04.03B generally exempts expansions or additions to single-
family dwellings from architectural guidelines and standards.
To comply with Division 46, this allowance must be
broadened to exempt all middle housing types that are
created though a conversion or addition to single-family
dwelling."
Section : I1,,,and Se Zoning and I ified Use Standards
2,02 IResi ender, Zones
Subsection Issue or Revision Needed
2.02A (descriptions of • RS, RSN, and RIS: These descriptions must be revised to
residential zones) reflect intent of HB 2001 to allow for a variety of middle
housing types in addition to single-family dwellings in all
residential zones.
• RM and RMN: May need to revise descriptions to clarify
the role of middle housing in these zones.
Uses Allowed in Residential These use regulations are assessed for compliance with
Zones Table 2.02A Division 46 in Table 5.
zi OAR 660-046-0230
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Table 5.Analysis of Use Regulations in Residential Zones(based on Table 2.02A)22
Dwelling(WDO Terms) Applicable Middle Housing Type Zone Notes
(OAR Division 46 Terms) RS RSN RIS RM RMN
Accessory dwelling unit N/A S S S S S Division 46 does not pertain to ADUs.
• RS/RN:Duplexes must be subject to same
design and development standards as single-
Duplexdwelling Duplex S S P P family dwellings.See audit of Special Use
standards(Section 2.07)
• R1S:Duplexes must be allowed on every lot
where single-family detached is allowed.
Manufactured dwelling N/A S' S' S S S Division 46 does not pertain to manufactured
Manufactured dwelling park N/A S S dwellings.
• Triplex
Multiple-family dwelling • Quadplex P P RS/RN/R1S:Triplex,Quadplex,and Cottage
• Cottage Cluster(single lot) Clusters must be allowed in some areas.
Row houses • Townhouse P P RS/RN/R1S:Townhouses must be allowed in
some areas.
If Cottage Clusters with units on individual lots
were classified as"single-family detached
Single-family detached dwellings Cottage Cluster(individual lot) P P P P P dwellings"in the WDO,then this would comply.
A separate term may be necessary to clarify the
distinction.
Accessory Uses(A) Conditional Uses(CU) Permitted Uses(P) Special Permitted Uses(S) Specific Conditional Uses(SCU)
Legend
Does not comply with Division 46 May not comply with Division 46 Complies with Division 46
zz Analysis of compliance based on OAR 660-046-0205
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IDevel,oprinent Standards (Tables 2u 2IF -IF)
The residential development standards were reviewed to assess if they satisfy the Minimum
Compliance Standards of Division 46. The review is summarized by development standard type
in the first column below, with notes on the potential amendments needed in each zone in the
second column.
Development Standard Issue or Revision Needed (By Housing Type and Zone)
Minimum Lot Area • A summary of the review of minimum lot area standards is
provided in Table 6.
• Duplexes: Min lot area is higher for duplexes than single-family
dwellings wherever duplexes are allowed. Must be reduced to be
equivalent or less than single-family standard.23
• Triplex: Currently, a triplex would be subject to the multi-family
minimum lot area standards. Based on existing single-family
standards, min lot area for a triplex would need to be the
following to satisfy minimum compliance.24
o RS and RM: No greater than single-family standards because
all single-family standards exceed 5,000 sf
o RIS: May exceed single-family standard of 3,600 sf but may
not greater than 5,000 sf
o RSN and RMN: May exceed single-family interior standard of
4,000 sf but no greater than 5,000 sf. On corner lots, must not
exceed current standard of 5,000 sf.
(See the Section 1 State Policy Framework document, Table 1 on
P. 10)
• Quadplex and Cottage Cluster: Currently, a quadplex would be
subject to the multi-family minimum lot area standards and it is
unclear what standard would apply to cottage cluster because
that housing type is undefined. Based on existing single-family
standards, min lot area for a quadplex or cottage cluster would
need to be the following to satisfy minimum compliance.25
o RS: May exceed single-family interior standard of 6,000 sf but
no greater than 7,000 sf. On corner lots, must not exceed
current SF standard of 8,000 sf.
23 OAR 660-046-0220(1)
24 OAR 660-046-0220(2)(a)(A)
25 OAR 660-046-0220(2)(a)(B)and(4)(a)
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Development Standard Issue or Revision Needed (By Housing Type and Zone)
o RSN and RMN: May exceed single-family standards of 4,000
sf(interior) and 5,000 sf(corner), but not greater than 7,000
sf.
o RIS: May exceed single-family standard of 3,600 sf but not
greater than 7,000 sf but not greater than 7,000 sf
o RM: Existing standard that applies to multi-family would
comply.
• Townhouses:
o There is no existing min lot area for townhouses in the RM
zone. This satisfies minimum compliance for that zone.
o In the RSN and RMN zones, the min lot area must be reduced
to no greater than an average of 1,500 sf to meet minimum
compliance.26
o In the RS and RIS, townhouses must be permitted and min
lot area set to no greater than an average of 1,500 sf to meet
minimum compliance.
Minimum Lot Width • Generally, Division 46 does not regulate minimum lot width and
and Depth depth, but current standards will need to be amended to be
consistent with the minimum lot area standards.
• However, the minimum compliance standards do require the
minimum lot width for a cottage cluster be not greater than
minimum lot width that applies to single-family.
Minimum Street Generally, Division 46 does not regulate minimum street frontage,
Frontage except for townhouses, for which it must not be greater than 20 feet
to satisfy minimum compliance.2'The only standard that currently
complies is the interior lot standard in the RMN zone,which is 20
feet.All other standards range from 24-50 feet.
Minimum Setbacks Relatively minor amendments would be needed to minimum
setbacks to satisfy the Minimum Compliance Standards, so long
as the same or less restrictive standards that apply to single-
family dwellings would also apply to middle housing.28
26 OAR 660-046-0220(3)(a)
27 OAR 660-046-0220(3)(c)
28 OAR 660-046-0220(2)(c)and(3)(d)and(4)(d)
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Development Standard Issue or Revision Needed (By Housing Type and Zone)
• In all zones, no setback that applies to cottage clusters can be
greater than 10 feet.29 An exception to front and rear setbacks for
cottage clusters would need to be allowed in most zones.
• In all zones, there must be an exception to side setbacks on lot
lines between attached townhouse units.
• In the RM and RMN zones, different setbacks are applied to
duplexes, multi-family dwellings, and row houses than single-
family dwellings. These standards must be equivalent or less
than the standard applied to single-family dwellings.
• Tiered Rear or Side Setbacks: In several zones, rear or side
setbacks are tiered based on building height and abutting zone.
Staff reports these setbacks have been a major challenge for
additions to existing homes. They would be also be a significant
barrier to some middle housing types. Consider alternative
approaches, such as only applying the deeper setback to upper
floors, using a maximum FAR to address this concern, or
adopting a maximum"bulk plane" standard.
Minimum Density . Division 46 does not regulate minimum density, except as
applied to cottage clusters,which must be subject to a minimum
density standard of at least four (4) units per acre in all zones.30
• The RIS zone currently does not have a minimum density. In the
RMN zone, it is unclear if a minimum density standard would
apply to cottage clusters.
Maximum Density . Duplex, triplex, quadplex, cottage cluster must all be exempt
from maximum density.31 This affects current maximum density
standards in the RM and RMN zones.
• Townhouses must be permitted at a minimum of four (4) times
the maximum density of a single-family dwelling in the same
zone, or 25 units per net acre,whichever is less.32 The only zone
that currently applies a maximum density to townhouses is RSN
29 OAR 660-046-0220(4)(d)
30 OAR 660-046-0220(4)(c)
31 OAR 660-046-0220(1);OAR 660-046-0220(2)(b), (3)(c),and(4c).
32 OAR 660-046-0220(3)(c)
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Development Standard Issue or Revision Needed (By Housing Type and Zone)
(7.9 units per acre). This maximum will need to be increased to
at least 25 units per acre.
Maximum Lot • Tiered Lot Coverage: In most zones, maximum lot coverage is
Coverage tiered based on building height. Generally, 1-story buildings
would be subject to a maximum of 40% and 1.5-2 story buildings
would be subject to a maximum of 35%. This standard is
permissible because it does not apply differently to middle
housing vs. single-family housing.
• However, 35%lot coverage is very low and would be a
significant barrier to many middle housing types. The intent of
this standard seems to be to control overall bulk and massing on
the site. There are alternative techniques for regulating bulk and
scale which may meet the intent of this standard while providing
more flexibility for middle housing types, such as maximum
FAR, bulk plane standards, or max building width or depth.
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Table 6.Analysis of Minimum LotArea Standards33
Dwelling(WDO Terms) Applicable Middle Housing Type RS RSN R1S RM RMN
(OAR Division 46 Terms) Interior Corner Interior Corner Interior Corner Interior Corner Interior Corner
Single-family dwelling Cottage Cluster(individual lot)' 6,000 8,000 6,000 8,000 3,600 3,600 6,000 8,000 4,000 5,000
Small lot single-family N/A - 4,000 5,000 - - - - - -
Duplex Duplex - 10,000 - 10,000 8,000 8,000 8,000 8,000
•Triplex
Multi-family dwelling Quadplex - - None None 87,120 87,120
Cottage Cluster(single lot)
Rowhouse Townhouse 4,000 5,000 None None 3,000 3,600
Legend Does not comply with Division 46 May not comply with Division 46 Complies with Division 46
A Cottage Cluster dwelling on its own individual lot would be classified as a single-family dwelling.Division 46 does not require that the City allow Cottage dwellings on
their own lot.If permitted,however,the min lot size would need to be reduced so that a Cottage Cluster site(with 4 or more units each on their own lot)could be feasible
on the minimum lot size for a single-family dwelling in that zone.
"Analysis of compliance based on OAR 660-046-0220
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2,03 CormTiercia[ Zones
The review of commercial zones was limited to the DDC zone, per staff direction. The DDC
zone is not strictly required to be amended by Division 46 because it is primarily a non-
residential zone. One potentially appropriate change would be to permit duplexes in the zone
in order to support more residential development in the area. Additionally, the City may
consider increasing the maximum density for townhouses in order to reduce barriers to this
housing type and achieve more consistency with density standards of the residential zones.
2,05 Overlay IDistricts
Subsection Issue or Revision Needed
2.05.02 Interchange These provisions do not seem to apply to residential
Management Area Overlay developments. If they do, they are a clear and objective
District standard that applies regardless of housing type, so they
conform with Division 46. However, should a zoning or
comprehensive plan map amendment be proposed as a result
of this project, it may trigger these provisions.
2.05.03 Neighborhood This overlay district is applicable because it applies to
Conservation Overlay residential development in the RS and RM base zones. See
District. audit of the relevant architectural design standards in Section
3.07.04.
2.05.04 Nodal Overlay . This overlay district is applicable because it applies to
Districts. residential development in the RSN and RMN zones.
• Subsection (B) applies more restrictive access and parking
standards to attached single-family dwellings (row
house/townhouse) than to detached single-family
dwellings.Access and parking requirements are
considered a"design standard"under Division 46.As
such, this standard may need to be amended to meet one
of the three options for minimum compliance for design
standards. Additionally, the standard should be amended
to clarify how it applies to other middle housing types.
• Subsection (C) requires a"master plan"for the entire area
within the Nodal Overlay District prior to annexation.
However, the provision states"the master plan shall be
conceptual and non-binding in nature, but may be used as
a general guide for development." (2.05.04.C). Division 46
includes special provisions for Master Planned
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Subsection Issue or Revision Needed
Communities.34 In order to be eligible for approval under
these special provisions, the City must be able to enforce
a minimum density requirement for the entire master
planned area.As master plans developed to meet this
requirement for the Nodal Overlay District are non-
binding, the City cannot enforce specific standards on the
master planned area. Therefore, these master plans are
not eligible for the special provisions for Master Planned
Communities under Division 46. However, as identified
below, some areas that may have been included in a
Nodal Overlay master plan may also be included in a
Planned Unit Development, and these areas may be
eligible for these special provisions. .
2.05.05 Riparian Corridor 0 This district will qualify as Goal Protected land under
and Wetlands Overlay Division 46, and therefore it is permissible to limit
District duplexes and prohibit other middle housing types within
in.35
• Staff noted that the RCWOD can effectively preclude
development or redevelopment of some smaller lots,
though relief from the standards can be granted by
variance (2.05.05E). However, the approval criteria and
process for a variance may be unnecessarily restrictive
for certain, lower impact developments, so it may be
appropriate to allow reduction of the standards through a
Zoning Adjustment in these cases. If this change is
adopted, the same provision must apply to duplexes as
single-family dwellings under Division 46.
2,07 Special Uses
Subsection Issue or Revision Needed
2.07.02 Boat, Recreational This could be interpreted as a"design standard"under
Division 46.36 The issue of boat or RV parking is not addressed
34 OAR 660-046-0205(2)(c)
35 OAR 660-046-0205(2)(a)
36 According to OAR 660-046-0020(4),"Design Standard"means a standard related to the arrangement,orientation,
materials,appearance,articulation,or aesthetic of features on a dwelling unit or accessory elements on a site.
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Subsection Issue or Revision Needed
and Vehicle Storage Pad by the Model Code. Under Division 46, the City would need to
apply the same standard to middle housing as is applied to
single-family. 2.07.03 Common Boat, Recreational and
Vehicle Storage Area applies to multi-family development.
May need to amend so middle housing is not treated
differently than single-family.
2.07.06 Duplex . Subsection (A) requires duplexes to locate on corner lots.
This does not comply with Division 46 and must be
removed.
• Subsection (B) requires each unit to have access from
different street frontages. This is defined as a design
standard under Division 46, and it does not meet any of
the minimum compliance standards, so it will need to be
amended or removed. The intent of the standard may be
achieved under a different standard, however, such as by
requiring entries that face a single street frontage to be
spaced a minimum distance apart.
2.07.20 Accessory Dwelling 0 Subsection (A) allows for one ADU per single-family
Units: detached dwelling. This should be amended to clarify if
an ADU is permitted on a site with middle housing and
how the use would be classified. Division 46 does not
require cities to allow ADUs on sites with middle housing,
but it may be advantageous to allow this.3'This issue will
be explored further in the Code Concepts.
• Subsection (C) requires ADUs to match the architectural
design of the primary dwelling. This can be a barrier to
ADU development and may not result in the best design
outcome in many cases. Consider alternative approaches,
such as only requiring for attached ADUs, 2-story ADUs,
or only requiring certain elements match the primary
dwelling. The standard may also need to be revised to
ensure it satisfies requirement for clear and objective
standards.
Design standards include,but are not limited to,standards that regulate entry and dwelling orientation,facade
materials and appearance,window coverage,driveways,parking configuration,pedestrian access,screening,
landscaping,and private,open,shared,community,or courtyard spaces.
37 OAR 660-046-0205(4)
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Subsection Issue or Revision Needed
• Subsection (E) limits the floor area of an ADU to 50% of
existing dwelling. This can be a significant barrier to
ADUs on sites with existing, small house. Consider
increasing the maximum to at least 75% or eliminating
this requirement and only applying the flat cap of 725 sf.
Additionally, consider adding language to allow
conversion of an entire existing floor of a house to an
ADU (basement, upper floor) regardless of square
footage.
• Subsection (H) prohibits new street-facing entrances for
ADUs. This standard cannot apply to a duplex under
Division 46, therefore, consider not requiring for an ADU.
• Subsection (I) references the non-conformities
allowances of the WDO.As noted above, these standards
may need to be revised to provide more flexibility to allow
increases in non-conformance for certain standards.
• Staff suggested that it may be appropriate to require ADUs
to have a walkway connection from the street and to
include private open space requirements. If proposed,
the City should consider applying similar or equivalent
standards to duplexes for consistency.
2,05 Specific Conditional, Uses
The only applicable standards in this section are in 2.08.02 Historically and Architecturally
Significant Buildings. Subsection (C)(1) allows adaptive reuse of historic properties to include
additional dwelling units beyond those allowed in the underlying zone. Division 46 requires
cities to allow middle housing types on historic properties where single-family dwellings are
allowed. Amendments needed to clarify which housing types are permitted, not only the
number of units.
Section . Development Guidelines And Standards
3,01 Streets
Subsection Issue or Revision Needed
3.01.01 Applicability Subsection (D) exempts construction of a single-family
dwelling from the standards of this section. Division 46
requires the City to allow this same exemption for
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Subsection Issue or Revision Needed
conversions of single-family dwellings to middle housing. For
new construction or redevelopment which results in middle
housing, the City can apply the street standards of this
section. Amendments may also be needed to clarify if this
exemption applies to ADUs.
In short, all middle housing must be consistently either
exempt or subject to street improvements.
3.01.03 Improvements Staff notes that alleys are only required in RSN and RMN
Required for Development zones and it may be appropriate to require them more
broadly. If proposed, the standard will need be written so it
meets the minimum compliance criteria for design standards
under Division 46.
3.01.04 Street Cross-Sections Staff notes that lane widths for some streets may be
unnecessarily wide, which may increase cost of development
for all housing types and encourage high traffic speeds. It
may be appropriate to consider lane width reductions as part
of these code amendments.
3,02 UtHities and Easernents
Section 3.02.01 requires a 5'wide Public Utility Easement (PUE) is along all street property
lines. This may be unnecessarily wide and a barrier to middle housing development on smaller
sites. It may be appropriate to tier the standard based on zoning, lot size, street classification,
or other factors.
3,04 Veh icu[a r Access
Subsection Issue or Revision Needed
3.04.03 Driveway Guidelines Subsection (A)(1) and (2) regulates the number of driveways
and Standards for residential uses. These standards will need to be amended
to clarify how they apply to middle housing types and to
ensure they satisfy the minimum compliance criteria for
design standards under Division 46.
Access Requirements (Table Several amendments are needed to this table to clarify
3.04A) applicability to middle housing types.Additionally, it may be
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Subsection Issue or Revision Needed
appropriate to lessen certain standards, such as the minimum
width of driveways,where they are unnecessarily restrictive
or costly.
3,05 Off-Street IP rking and 11 oading
Subsection Issue or Revision Needed
3.05.02 General Provisions • Subsection (E) requires parking areas to be setback a
minimum of 5 feet between property lines. This may not
comply with Division 46 design standards and may be an
unnecessary barrier to joint driveways and parking pads,
which are common for middle housing types such as
townhouses or duplexes.
• Subsection (H) and (K) requires bumper guards and
striping for all parking lots, except single-family
dwellings and duplexes. This may need to be amended
because Division 46 minimum compliance requires cities
to apply the same dimensional and design standards to
parking areas for middle housing that apply to single-
family housing..
3.05.03 Off-Street Parking 0 Subsection (E) requires bike parking for residential
structures with 5 or more dwelling units. Amendments
needed to clarify how this will apply to middle housing
and to ensure it complies with Division 46. If bike parking
is required for middle housing, it may need to be required
for single-family dwellings.
• Subsection (F) requires garages for most residential units.
The standards vary for single-family dwellings or
duplexes vs. multi-family uses. Amendments are needed
to clarify applicability to middle housing.
o This requirement generally meets Division 46 because
the standards are equivalent or less restrictive for
middle housing types, however, this requirement
imposes a significant cost on housing development
and the City may consider removing or lessening it.
The Model Code specifically prohibits mandating
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Subsection Issue or Revision Needed
garages for this reason, though it is permissible to
require them under Division 46.
o This requirement is especially challenging for
improvements to existing garages or new garages on
an existing lot that pre-dates the requirement. Staff
notes that the code is unclear as to how to applies to
non-conforming garages and a Director's
Interpretation has been applied in the past. It may be
appropriate to codify that interpretation at this point.
Parking Ratios (Table 3.05A) Residential dwellings are generally required to provide
two (2) off-street parking spaces per unit. Generally, the
Division 46 minimum compliance standards equate to
requiring no more than one (1) space per dwelling unit in
most instances. For triplexes and quadplexes on smaller
lots, the standards set a lower limit depending on the size
of the lot (see Table 7).
• Off-street parking requirements can be a significant
barrier to middle housing development. In addition to
meeting Division 46 standards, the City may consider
amendments to support middle housing development,
while addressing concerns about impacts to existing on-
street parking utilization.
• An amendment is also needed to remove parking
requirement for ADUs per state law.
Table 7. Minimum Compliance Standards-Off-Street Parking Requirements"
Lot size of the Minimum off-street parking requirements must be no greater than...
development site
equals... Duplex Triplex Quadplex Cottage Cluster Townhomes
Less than 3,000 sf 1 space(total) 1 space(total)
3,000-5,000 sf 2 spaces(total) 2 spaces(total) 2 spaces(total) 1 space per unit 1 space per unit
5,000-7,000 sf 3 spaces(total) 3 spaces(total)
38 OAR 660-046-0220
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7,000 sf or greater 4 spaces(total)
3,05,07 Significant Trees
Subsection Issue or Revision Needed
3.06.07(B)Applicability • Division 46 does not regulate trees. However, were loss of
tree canopy due to middle housing a concern, the City
may consider Significant Tree amendments to establish
standards for preservation in the context of new
development and to establish tree preservation tiered fees
in-lieu based on number and/or caliper of trees removed.
(The existing standards address existing development.)
• For example, the WDO defines Significant Trees as any
tree over 24 inches in diameter. Many smaller trees may
be worthy of preservation or at a minimum should be
encouraged to be preserved as new development occurs.
• Middle housing development may be more likely to result
in tree removal than single-family houses because (1) it
may be more likely to occur on existing lots with mature
trees and (2) the total footprint of middle housing
buildings are generally larger than single-family houses.
3,07 Architectural, IDesign
Subsection Issue or Revision Needed
3.07.01 Applicability • This subsection exempts alterations to existing single-
family dwellings and duplexes from all the architectural
design standards and guidelines of Section 3.07, except
for such dwellings located within the Neighborhood
Conservation Overlay District (NCOD).
• Division 46 is unclear as to whether alterations to pre-
existing middle housing must also be exempt from design
standards. Conversions and additions of single-family
dwellings to create middle housing must be exempt,
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Subsection Issue or Revision Needed
however, so this section should be amended
accordingly.39
3.07.02 Single-Family Generally, these standards are permissible under Division
Dwellings, Duplexes and 46 because they apply equivalent standards to duplexes as
Manufactured Dwellings on single-family dwellings. However, several amendments
Individual Lots in Pre- would be needed to ensure the standards scale by form-
existing Developments based attributes of the building and not by the number of
dwelling units:
o Replace all references to"dwelling" or"dwelling unit"
to building or structure or fagade.
o Subsection (E) Main Pedestrian Entrance. This
provision does not comply with Division 46 because it
scales by the number of dwelling units. Alternatively,
this could scale by the length of street-facing fagade.
Such as: 0-50 feet=one entrance, 50-100 feet=two
entrances, etc.
• Staff suggests edits to clarify some wording and fix error
in title of Figures 3.107A and 3.107B.
3.07.03 Single-Family . The same findings as above (3.07.02) apply to this section.
Dwellings, Duplexes and The standards generally comply with Division 46 for
Manufactured Dwellings on duplexes but must be adjusted to scale by form-based
Individual Lots in New attributes of the building and not by the number of
Developments dwelling units.
3.07.04 Single-Family . The same findings as above (3.07.02) apply to this section.
Dwellings and Duplexes in Additionally, some of these standards are not clear and
the Neighborhood objective, so amendments may be needed to convert these
Conservation Overlay standards to clear and objective language.
District (NCOD)
3.07.05 Standards for • Under current WDO definitions, this section would apply
Medium Density Residential to triplexes, quadplexes, and potentially to cottage
Buildings clusters on a single lot.
39 OAR 660-046-0225(2)
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Subsection Issue or Revision Needed
• The standards are more restrictive than the Model Code
because they regulate materials and require private open
space, among other elements, so they do not meet the
Division 46 minimum compliance criteria that they are
less restrictive than the Model Code.40
• Amendments will be needed to either(1) apply Model
Code standards to these middle housing types, (2) apply
less restrictive versions of the Model Code standards, or
(3) apply the same standards that apply to single-family
dwellings and duplexes.41
,OO Nanned Unit IDeveloprnents
Subsection Issue or Revision Needed
3.09.01 Allowable Types and • Division 46 does not regulate Planned Unit Developments
Minimum Area of a PUD (PUDs), except if they are classified as master-planned
communities. Middle housing must be permitted outright
and not required to be approved through a PUD.
• However, proposed new middle housing standards should
be compared to the existing PUD standards to evaluate
how they may impact the relative attractiveness of the
PUD track vs. a"clear and objective"track. The City may
desire to ensure that a PUD is still an attractive option for
developers compared to the new middle housing
standards.
• The minimum size of a PUD under 3.09.01 is two (2) acres
for a residential PUD and three (3) acres for a mixed use
PUD. This section may need to be amended to identify
that a PUD must be at least 20 acres in size in order to
qualify as a"Master Planned Community"under Division
46 and thus be eligible for the special provisions for these
areas,which exempt them from certain middle housing
requirements.
40 OAR 660-046-0225(1)(b)
41 OAR 660-046-0225(1)
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Subsection Issue or Revision Needed
3.09.02 Allowed Uses . The lists of housing types/residential uses in this section
should be amended to reflect that the City must allow for
all middle housing types in any PUD that would be
classified as a Master Planned Community under Division
46.
3.09.03 Density Transfer 0 These provisions allow for transfer of density from
undevelopable portions of a site to developable portions.
The base allowance is for 40 percent of the density of the
undevelopable portion.Additional density may be
granted if the development provides certain amenities or
features, such as parks, trails, or architectural
enhancements.
• Following code amendments to comply with Division 46,
the WDO will allow significantly more density outright.
Division 46 minimum compliance standards require the
City to increase maximum density standards or exempt
some housing types from them.As a result, developers
may find that there is less incremental benefit of using
the Density Transfer PUD provisions than today.
• This issue will be analyzed further as part of the Code
Concepts stage of this project. The City may consider
restructuring these incentives if it wishes to encourage
developments to use the Density Transfer provisions.
3.09.06 Development • The City may continue to apply these development
Standards standards to any PUD that is classified as a Master
Planned Community. The standards do not restrict
housing types and do not apply a maximum density.
• However, the City is now required to allow at least 15
dwelling units per acre in any PUD that could be classified
as a Master Planned Community. This should be noted in
Table 3.09A so the City does not restrict density too greatly
through applying other standards, such as common area
requirements.
3.09.07 Modifications to an . As noted in the State Policy Framework section, it is
Approved Detailed suggested that the City amend this section to identify that
any previously approved PUD can be amended to use
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Subsection Issue or Revision Needed
Development Plan these Master Planned Community allowances. These two
allowances are:
o Allow an overall net residential density of at
least 8 dwelling units per acre
o Allow for the development of a duplex on
every lot in the PUD.
,1O Signs
Table 3.10.10A may need to be amended to clarify the applicability of sign requirements to
middle housing types.
Section : Administration and Procedures
No provisions in Section 4 are anticipated to need to be amended to comply with the Division
46 middle housing rules.
Section 5. Application Requirennents
Division 46 requires that cities apply the same approval process to middle housing as detached
single-family dwellings in the same zone.4'Below is a summary of compliance with this
standard:
• Duplexes are subject to the same approval processes as single-family. If not part of a
larger partition, subdivision, or PUD, then a duplex is subject to Design Review, Type I
(5.01.02). If the project cannot meet all clear and objective design standards, then it can
apply for Architectural Standard Substitution (Type II, 5.02.02) for a maximum of three
substitutions. There is not another alternative track for a single-family dwelling or
duplex if it cannot meet more than three of the design standards.
• All other middle housing types would also be subject to a Design Review, Type I
(5.01.02) if not part of a larger partition, subdivision, or PUD and eligible to apply for
Architectural Standard Substitution (Type II, 5.02.02). However, if a middle housing
type that would be currently classified as a multi-family dwelling cannot meet any of
the clear and objective standards of Section 2 or 3, then it is also subject to a Design
Review, Type III (5.03.02). Under Division 46, middle housing types must be subject to
the same approval process as single-family housing. Therefore, it may be necessary to
make amendments so that middle housing projects that cannot meet all clear and
objective standards do not automatically trigger a Type III Design Review. A Type III
42 OAR 660-046-0215
Woodburn Middle Housing Implementation 47 January 19,2021
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Design Review may remain an optional track, but to comply with Division 46, the City
may need to allow middle housing projects that qualify for an Type II Architectural
Standard Substitution to not also be required to file a Type III Design Review, in the
same manner as a single-family housing project would be permitted.
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I xecutuve Summary
Infill development of middle housing types in Woodburn's existing neighborhoods may look
and feel different than existing, single-family dwellings. However, the City has the opportunity
to regulate the form and design of middle housing to be compatible with the character and
patterns of existing neighborhoods. These may include standards that control the bulk and
scale of middle housing, building placement and orientation to the street, architectural design,
and other elements.
In order to craft regulations that will ensure new middle housing developments are compatible
with existing neighborhood context, it is necessary to analyze and describe existing
neighborhood patterns. That is the purpose of this section of the Background Report. The
analysis incorporates quantitative data and qualitative observations to create a profile of
various residential areas across the City.
This section of the report presents a series of maps that show how residential areas vary in
Woodburn based on certain key features. These maps were used to help identify the
boundaries of certain areas in Woodburn that exhibit similar patterns,termed"pattern areas".
A profile is then presented of each pattern area. A total of six pattern areas were profiled."
1. Midcentury Ranch
2. Midcentury Ranch-Senior Estates
3. Conventional Suburban
4. Contemporary Suburban
5. Downtown Historic
6. Mixed Era Mosaic
It is important to note that the boundaries of each pattern area may not align with zoning
district boundaries. At this stage of the project, these pattern areas are not proposed to be used
for regulatory purposes. The purpose of the pattern areas is to define areas that exhibit similar
characteristics and to inform a discussion about which patterns the community desires to be
preserved and continued as new middle housing development occurs. Should the community
desire to vary middle housing regulations in different pattern areas, then the project team will
prepare code solutions to implement that policy.
43 Two additional pattern areas were mapped(Garden Apartments and Manufactured Dwelling Parks)but a detailed
profile was not created for these areas because they will be largely not affected by HB 2001 zoning changes.
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B)ack�.-7round and Purpose
by Conduct This Analysis?
Residential neighborhoods look and feel different depending on architectural styles, the size of
homes and lots, presence and variety of trees and landscaping, and other factors influencing
their built forms. The City of Woodburn is a physically diverse community, made up of early
20th century neighborhoods of Craftsman and Victorian homes, mid-century subdivisions of
ranch homes on small lots, and early 21st century neighborhoods with larger homes. As the
City implements HB 2001 and updates development and design standards to allow middle
housing types in single family residential zones, the City desires that middle housing be
integrated into the existing fabric of the community and compatible with existing, single-
family houses.
The purpose of this analysis is to identify key development patterns that are consistent within
certain neighborhoods and residential areas in Woodburn. By explicitly identifying these
neighborhood patterns, the City can regulate future middle housing development in each
neighborhood to ensure it is sensitive to this existing, built context.
The City's existing residential zone districts and overlay districts accomplish this goal to a
certain extent, but they were designed under the assumption that, in many areas, the
predominant or exclusive form of housing would be a single-family dwelling. While middle
housing can be made generally compatible with single-family housing, these housing types are
likely to look and feel different and raise new opportunities and challenges. The "pattern
areas" and information provided by this analysis can be used to develop new code regulations
to address these issues.
Approach to the Analysis
This section of the report first presents a series of annotated maps that show how residential
areas vary in Woodburn based on certain key features, including the era of development, street
network type, building setbacks, lot coverage, and floor area ratio. These maps were used to
help identify the boundaries of certain areas in Woodburn that exhibit similar patterns, termed
"pattern areas"in this report. Following this series of maps, a profile is presented of each
pattern area, which includes quantitative data on development patterns, images of typical
houses, and descriptions of typical building forms and architectural elements.
Note on IData and Methodology
Establishing pattern areas requires balancing quantitative analysis and qualitative
observations. The City of Woodburn provided a spatial dataset that was used to analyze
attributes. Google Earth was used to capture images of the neighborhoods, providing a visual
understanding of the faqade elements, tree coverage, and architectural style of homes.
Woodburn Middle Housing Implementation 51 January 19,2021
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Where will iMiddleHousing be Developed?
It is important for the City to consider where middle housing types are most likely to be
developed after code updates are implemented. At this stage, it is difficult to predict where
middle housing may be developed as it is affected by a number of variables, some of which are
relatively unknown-such as the market demand for specific middle housing types in
Woodburn. However, we can apply a few initial"screens"to identify areas within Woodburn
where middle housing may be more likely:
• Properties that do not have CC&Rs that are likely to restrict middle housing;
• Properties that are vacant or partially vacant;
• Properties that have a relatively lower market value,which usually is associated with
older properties that have not been recently renovated or redeveloped.
Considering these three factors, the Pattern Areas where middle housing development may be
more likely than other areas of Woodburn include:
• Downtown Historic
• Mixed Era Mosaic
• Midcentury Ranch
• Conventional Suburban
However, as noted above, it is difficult to predict which areas are most likely to be developed
with middle housing without a very detailed economic analysis. Further, a key factor is the
specific development code standards that are adopted. This issue will be explored further in
the Code Concepts stage of the project. At this stage, if will also be important for the City to
consider any equity issues that may arise if middle housing is concentrated in certain
neighborhoods, such as the potential for displacement of current tenants or disproportionate
impact on certain communities.
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63
Year Built
^ Older development downtown
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Different eras of development reflect unique
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1951-1970
get larger, and architectural styles took on a more vacant Residential Land
1971-1990
contemporary feel. Nonresidential Zoning 1991-2010
Building Footprints 2011-2020
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Woodburn Middle Housing Implementation 53 December 2,2020
1' : I.; r'tl r(l I�1'gp')ri Lrl 1
64
Street Typology
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Woodburn Middle Housing Implementation 54 December 2,2020
,; "m r (l Rgp')r- kl,r\l 1
65
Building Setbacks
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driveways, garages, and main entrances. Nonresidential zoning 20 feet or less
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0 0.25 0.5 0.75 1 SafeGraph,INCREMENT P,METI/NASA,USGS,Bureau of Land Management,EPA,
Miles NPS,US Census Bureau,USDA
Woodburn Middle Housing Implementation 55 December 2,2020
66
Lot Coverage
.3 Smaller lot sizes and higher lot coverage
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�i ear rr � a/ / r I XX� ��/��i�" • �r� /iii/f;� 1/ %iii / i/ ��%/ �
1/ u►,UU„ €,%//�%/ / f,i "'�✓r» i I�>x'u RI a � /rl / Il�%///0,,,,. (( , /i i
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ro ��l�✓rod a'lV,;1,rf/ / r� 'I Gv rm"v' / %/%%/ri�"l I
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;,,//%� /��s?l�£; sJ°N ro�fh W1� r, I ,i I�,:';I I r �"`v�vi� G�^Ti, ht lrw %'�{tJ /yrj iIV r !;f�(u4rcr ;✓'. /J////;'v,F�"��a`I'��„, .-.
lrIr':l
rri/l a / i ✓I r„G�sw 1 4 i r / 111111 !l l' a' �G //i r vi”
/� ,'/ /ii /l✓rr�N lri, 1 11^ ln''A �i
/rrr /i/�/ l,
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p�w,Y dhP� a�f,"� / "'a / r%,%
�/�� /rj�/✓,��P -, ,w`G rN��%''� /� ire ,'r �/rl I�a r 2r�17•� r a
if
f
f�Ia
P/• r b ry� 6 / ^'/I / / N'�° r//rr� /0 r
rr
drlr4r/r
#u
1I y�v Ijl�N'Jl�Jm rM Prra /i�
L
More variety in lot size and coverage in
downtown and surrounding areas ,
Why is this firin rtant? Legend
The size of a building footprint in relation City Limits Building Coverage
to the total lot size impacts how dense or r - ,
_
"built-up” a neighborhood feels. , Urban Growth Boundary No Data
Building Footprints 0-10%
10-20%
Parks and Open Space 20-30%
Vacant Residential Land 30-40%
Nonresidential Zoning 40-50%
More than 500/o
N
City of Woodburn,Oregon Metro,State of Oregon GEO,Esri,HERE,Garmin,
0 0.25 0.5 0.75 1 SafeGraph,INCREMENT P,METI/NASA,USGS,Bureau of Land Management,EPA,
Miles NPS,US Census Bureau,USDA
Woodburn Middle Housing Implementation 56 December 2,2020
r/I rul klgp'/ri Lll 1
67
Floor Area Ratio
/ Higher FARs in newer developments
r cif /-
pp y
dr
V„m it
�,r.,
V%�
, „ „.,.,„ /%%//�;. 17j12
rl l
r
IIS
ilii 1 r '' 0 0ijo
MVGln ;r
1 % lh If
n,
r
jll�iSi �, rfli,l� ��i �ii plrl6�( r
III
UI�iF llI r io
_ r l 6 i r INi i i i
ll� tr
tIp
Ap
I r
Relatively lower FARs /
� r
Why is this firing rt nt? Legend
Floor area ratio is a measure of how dense or City Limits Floor Area Ratio
"built-up"a neighborhood feels. It compares the
amount of total floor area on the lot with the _ ; Urban Growth Boundary Less than 0.1
size of the lot. A higher ratio indicates a larger Parks and open space 0.1-0.2
buildingin relation to its lot. 0.2-0.3
Vacant Residential Land
0.3-0.4
Nonresidential Zoning More than 0.4
Building Footprints
N
City of Woodburn,Oregon Metro,State of Oregon CEO,Esri,HERE,Garmin,
0 0.25 0.5 0.75 1 SafeGraph,INCREMENT P,METI/NASA,USGS,Bureau of Land Management,EPA,
Miles NPS,US Census Bureau,USDA
Woodburn Middle Housing Implementation 57 December 2,2020
I.; r'll ind k1,gp'l1't )IL11 1
68
Neighborhood Pattern Areas
I �I
' l
J�f,a
i pp
• A,t l'I�I�I�I��ISI�,r�lf
illi' t II'
l it^�oS,
�I Illi �U»l��a r1 r
jr /ll//ll
/��
,/„r
i
/ I f'.a, II r r ia
H// ri�lr Ol(�l n
X10 0 i it
ul��1
rva '2� r rl � i- i Iii iu � r; �
11j�4'
Irl II���iJ( �?611,11,11 ''
r J
I
II I
v
L
ti l /
,
L ..a
Legend
City Limits Downtown Historic
_ ; Urban Growth Boundary Garden Apartments
Manufactured Home Park
Building Footprints
Midcentury Ranch
Pattern Areas Midcentury Ranch Senior Estates
Contemporary Suburban Mixed-Era Mosaic
Conventional Suburban No Identified Pattern
N
City of Woodburn,Oregon Metro,State of Oregon GEO,Esri,HERE,Garmin,
0 0.25 0.5 0.75 1 SafeGraph,INCREMENT P,METI/NASA,USGS,Bureau of Land Management,EPA,
Miles NPS,US Census Bureau,USDA
Woodburn Middle Housing Implementation 58 January 19,2021
I' : I. r�l� rul I�cCl�lrt I)ILII 1
69
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Pattern Area: Midceintuiry Ranch Senior Estates
r
Y;'
I'I hfl rIf
"0
Ir I
II 1
13
L — — — — — — — —
'Iry
Era of Development Blocks and Streets
Typical Year Built: Street Network:
1960- 1980 Mostly Modified Grid and some
Disconnected Suburban
Median Year Built: Curvilinear
1965
Presence of Alleys:
None
Presence of Sidewalks:
None INK
Presence of Street Trees: Examp[e of street network found in
Sparse, only on private ROW this pattern area
Woodburn Middle Housing Implementation 59 January 19,2021
70
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Pattern Area: Midceintuiry Ranch Senior Estates
15,000 IIIIIIIIIIIII 97
Lot Patterns and Building Placement 14,500
14,000 IIIIIIIIIIIIIIIIIIIIIIII 14
Typical Lot Size: 13,500 19
13,
4,000 sf(-45 sf x 90 sf) 12,000500 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
220
4,500 sf(45 sf x 100 sf) 12,000 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 20
11,500 29
(U 11,000 45
(0
Median Lot Size: on
10,500 38
4�
4,473 sf 0 10,000 69
0
U- 9,500 IIIIIIIIIIIII 67
(U
1000
Median Lot Coverage: M
9
=3 8,500 IIIIIIIIIIIIII 92
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 91
44% cr 81000 IIIIIIIIIIIIII 121
Ln
4�
0 7,500 IIIIIIIIIIIII 125
Typical Lot Width: 7,000
6,500
45-55 feet 6,000
5,500
Typical Front Setback: 5,000 IIIIIIIIIIIII 1111111111111111111111111111111111112111111112111111111111111
4,500 8
30 feet 4,000 3
3,500 VIII 4
3,000 0
0 0 Number of Lots
Jfi��u��1 �JJJ�� IIII�I������
Building Form
Median FAR:
0.21
Typical Building Height:
1-story
Garages and Driveways:
Front loaded (single) garages that are even
with the primary facade
Roof Form:
• Gabled with [ow pitch
• Shallow to moderate eaves
Facade Elements:
sf
• Slightly recessed entry
• Horizontal lap siding
• Horizona[window proportions
Woodburn Middle Housing Implementation 60 January 19,2021
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--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Pattern Area: Conventional Sulbuirlbain
L - - - - -
- - -
Era of Development Blocks and Streets
Typical Year Built: Street Network:
1970-2007 Modified Grid and Disconnected
Suburban Curvilinear
Median Year Built:
2000 Presence of Alleys:
None
Presence of Sidewalks:
All streets
Presence of Street Trees: Exampie of street network found in
Youngertrees, planted on this pattern area
landscaping strip
Woodburn Middle Housing Implementation 61 January 19,2021
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--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Pattern Area: Conventional Sulbuirlbain
15,000 19
14,500 III 4
Lot Patterns and Building Placement 14,000 3
13,500 VIII 6
Typical Lot Size: 13,000 2
6,000 sf(60 sf x 100 sf) 12,500 3
12,000 3
(U on 11,500 5
Median Lot Size: M 11,000 IIIIIIIII 10
4�
0 10,500 7
6,802 sf 0
U- 10,000 IIIIIIIIIIIIIIIIIIII 20
(U 9,500 25
Median Lot Coverage: 9,000 29
s 8,500 44
32% Lf
0 8,000 IIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIII 87
7,500 88
Typical Lot Width: 7,000 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 100
50- 60 feet 6,500 IIIIIIIIIIIIII IIIIIIIIIIIIIIIII108
6,000 308
5,500 IIIIIIIIIIIIII 64
Typical Front Setback: 5,000 34
20-25 feet 4,500 1111111 8
4,000 0
3,500 0
3,000 0
0 0 Number of Lots
Building Form ���� J��J � J �����J��JJ�����JJ�J
Median FAR:
0.21
Typical Building Height:
1-2 stories (mostly 1.5 stories)
Garages and Driveways:
• Front loaded garage (mostly double)
• Even with front of house
RoofForm:
ff��%�� 1 ,
• Gabledwith higher pitch
• Eaves on most houses
Facade Elements:
• Horizontal la p siding is most common
• Some detailing on gablewalls, such as
shing[esiding
• Slightly recessed entry or small porch
Woodburn Middle Housing Implementation 62 January 19,2021
73
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Pattern Area: Cointeirrilpoirairy Sulbuirlbain
L - - - - - - - -
Era of Development Blocks and Streets 0
Typical Year Built: Street Network:
1993 -2019 Curvilinear, Modified Grid, and
Disconnected Suburban
Median Year Built: Curvilinear
2006
Presence of Alleys:
None
Presence of Sidewalks:
All streets
Exampie of street network found in
Presence of Street Trees: this pattern area
Youngtrees on landscaping strip
Woodburn Middle Housing Implementation 63 January 19,2021
74
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Pattern Area: Cointeirrilpoirairy Sulbuirlbain 15,000 IIIIIIIIIIIIIIIIII 7
14,500 0
14,000 0
13,500 0
Lot Patterns and Building Placement 13,000 1 1
12,500 IIII 2
Typical Lot Size: 12,000 IIII 2
6,000 sf(60 sf x 100 sf) 11,500 2
5,000 sf(50 sf x 100 sf) 11,000 6
(U 10,500 4
5,500 sf(55 sf x 100 sf) 10,000 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 12
0 4� 9,500 12
0 9,000 IIIIIIIIIIIII 21
Median Lot Size: U-
(U 8,500 28
6.166 sf
=3 8,000 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 44
cr 7,500
Ln
4� 54
7,000 38
Median Lot Coverage: 0 6,500 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 60
37% 6,000
5,500 IIIIIIIIIIIIII 92
5,000 116
Typical Lot Width: 4,500 84
50-80 feet 4,000 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 23
3,500 0
3,000 0 Number of Lots
0 0
OF
Building Form
Median FAR:
0.32
Typical Building Height:
1.5-2 stories (mostly two stories)
Garages and Driveways:
Front loaded garage (mostly double)
RoofForm:
• Gabled with higher pitch or hip roof
• Eaves on most houses
Facade Elements:
• Horizontal lap siding,some vertical siding
• Some detailing on gable walls, such as
shing[esiding
• Stone/mason ry detailing on some houses
• Slightly recessed entry orsmall porch
Woodburn Middle Housing Implementation 64 January 19,2021
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--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Pattern Area: Downtown 1-iiistoiric
Ir I
Ir r
Era of Development Blocks and Streets
Typical Year Built: Street Network:
1900- 1980 Small Nock Diagonal Grid, Modified Grid,
and Disconnected Suburban Curvilinear
Median Year Built:
1946 Presence of Alleys:
One between Front and 1st Street
Presence of Sidewalks:
On collectors and arterials, missing on
some local streets
Exampie of street network
Presence of Street Trees: found in this pattern area
Old, mature trees of various types (both
public and private ROW)
Woodburn Middle Housing Implementation 65 January 19,2021
76
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Pattern Area: Downtown 1-iistoiric 15,000 107
14,500 5
14,000 1111111 3
Lot Patterns and Building Placement 13,500 14
13,000 6
Typical Lot Size: 12,500 10
5,000 sf(50 sf x 100 sf) 12,000 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 16
15,000 sf(150 sf x 100 sf) 11,50015
11,000 (11111111111111
4,500 sf(45 sf x 100 sf) cu 10,500 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 18
010,000 IIIIIIIIIIIII 45
0 9,500 22
0
Median Lot Size: U- 9,000 17
(U
8
7,513 sf ,500 41
cr 8,000 IIIIIIIIIIIII 29
Ln 7,500
4�
Median Lot Coverage: 0 7,000 39
47
29% 6,500 35
6,000 43
5,500 IIIIIIIIIIIIII 54
Typical Lot Width: 5,000 110
45 -55 feet 4,500
4,000 IIIIIIIIIIIII 15
3,5005
Typical Front Setback: 3,000 3
10 -25 feet 0 2 Number of Lots
Building Form
Median FAR:
0.19
Typical Building Height:
1-2 stories (mostly 1.5 or 2 story)
Garages and Driveways:
• Front loaded (single)
• Some houses do not have garages or have
detached garages set back from street
Roof Forms:
• Varied - gabled, gambrel, hip styles with
typically high pitches.
• Prominent eaves on some homes.
Facade Elements:
• Deep front porches more common than
other areas
• Vertical window proportions more common
• Paned windows more common
• Varied siding materials
Woodburn Middle Housing Implementation 66 January 19,2021
11),:; kF111"'mrut klqpnri kL\l 1
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--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Pattern Area: Mixed.- it Mosaic
P.
•
............
If I
L - - - - - - - - -
Era of Development Blocks and Streets
Typical Year Built: Street Network:
1900-2000 Disconnected Suburban Curvilinear
Median Year Built: Presence of Alleys:
1972 None
Presence of Sidewalks:
Some
Presence of Street Trees:
Private ROW only,trees of mixed Examp[e of street network found in
ages (mostly older) this pattern area
Woodburn Middle Housing Implementation 67 January 19,2021
78
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Pattern Area: Mixed-Eira Mosaic
15,000 62
14,500
Lot Patterns and Building Placement 14,000 IIIIIIIIIIIIIIIIIIII 4
13,500 3
Typical Lot Size: 13,000 IIIIIIIIIIIIII3
15,000 sf(150 sf x 100 sf) 12,500 IIIIIIIIIIIIIII 3
6,000 sf(60 sf x 100 sf) 12,0500 900 10
11,
(U 11,000
on 7
Median Lot Size: M 10,500
4�
10,000
7,774 sf 0 0
U- 9,500 IIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIII
81111111111111111111111111111111 17
(U 9,000 7
Median Lot Coverage: =3
8,500 9
cr 8,000 5
30% Lf 7,500 8
0
7,000 IIIIIIIIIIIII 8
Typical Lot Width: 6,500 17
6,000
55-90 feet 5,500 11111111111111111111111111111111111111111111111611111111111111
5,000 3
4,500 0
Typical Front Setback: 4,000
30 feet,varies 3,500 IIIIIIIIIIII IIIIIIIIIIIIIIIIIIII 10
3,000 13
0 52
Number of Lots
Building Form
Median FAR:
0.19
Typical Building Height:
1-2 stories (mostly 1 or 1.5 stories)
Garages and driveways:
• Front loaded garage (single and
double)
• Some houses do not have garages or
have detached garages set back from
street
Roof Form:
• Varied - gabled and h i p styles with low
to high pitches.
• Prominent eaves on some homes
Facade Elements:
0 Varies primarily based on age of home,
era of development
Woodburn Middle Housing Implementation 68 January 19,2021
11":; kF111"'mrut kl'qpnri kL\l 1
79
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Pattern Area: Midceintuiry Ranch
J
Of
Ir r
Era of Development Blocks and Streets
Typical Year Built: Street Network:
1940-2000 Curvilinear, Modified Grid, and
Disconnected Suburban
Median Year Built: Curvilinear
1975
Presence of Alleys:
None
Presence of Sidewalks:
None
Exampie of street network found in
Presence of Street Trees:
this pattern area
Private ROW only,trees of mixed
ages (mostly older)
Woodburn Middle Housing Implementation 69 January 19,2021
80
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Pattern Area: Midceintuiry Ranch
15,000 97
14,500 11
14, 00
Lot Patterns and Building Placement 13,5000 11111111111111111111111111111111149
Typical Lot Size: 13,000 12
12,500 20
6,000 sf(60 sf x 100 sf) 12,000 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 20
6,500 sf(65 sf x 100 sf) 11,500 IIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIII29
(U 11,000 45
10,500 IIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIII 38
4�
Median Lot Size: 0 10,000 IIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIII 69
0
U- 9,500 67
8,015 sf (U
9,000 IIIIIIIIIIIIII 92
8,500
Median Lot Coverage: 57 8,000 IIIIIIIIIIIII 121
4�
0 7,500
32% 7,000
6,500
Typical Lot Width: 6,000 IIIIIIIIIIIIII 206
65-90 feet 5,5005,000 IIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIII 27
4,500 8
Typical Front Setback: 4,000 3
3,500 4
30 feet 3,000 0
0 0 Number of Lots
Building Form
Median FAR:
0.18
Typical Building Height:
1-story
Garages and Driveways:
• Front loaded (single and double)
• Even with front facade
Roof Form:
• Gabled with [ow pitch %//,/j� � �/ fj�i'
• Shallow or moderate eaves
Facade Elements:
• Slightly recessed entry
• Horizontal la p siding most common, some
vertical siding
• Horizona[windowproportions more
common than other areas lyf` � j, % i��
Woodburn Middle Housing Implementation 70 January 19,2021
11)':; kF111"'mrut kl'qpnri kL\l 1
81
iW �f it w,Ml Wry; j'�f� "M
Ytn�,r 7,79,Mel / %����//i
M
e„
i
i
/o
1111111 IIS 1111111 1111111 � IIS IIS 1111111
II II II II
00000 00000 IIS IIS o0o IIS IIS
000 000 000
WOtak
OODBURN
IIS IIS II
UVpp
A n. � iti R
82
rable of Cainteiiints
Background 3
Code Concepts 4
1. Minimum Lot Size 4
2. Building Size and Bulk 7
3. Architectural Design 9
5. Off-Street Parking and Garage Requirements 14
6. Driveways and Garage Design 15
7. Cottage Cluster Standards 18
8. Neighborhood CharacterAreas 19
9. Code Incentives 20
IIBadkgiirouiind
Ilf",ki 1IR 11f:",0S;;; 8. Neighborhood Character Areas
The purpose of this Code Concepts Report is to 9. Code Incentives
outline a set of conceptual options for the City to
implement development code amendments in Within each section, background information
order to comply with House Bill 2001 ("HB 2001") is provided on the existing requirements of the
and its associated administrative rules (OAR WDO and the nature of the amendments that are
Division 46, Middle Housing). HB 2001 requires the required to comply with Division 46. Then a set of
City to allow duplexes on every lot where a single- potential code concepts is described.The concepts
family house is allowed and to allow other middle are usually mutually exclusive options but may
housing types (triplexes, quadplexes,townhouses, also be concepts that can be combined together.
and cottage cluster housing) in most areas where Following these descriptions, an evaluation of the
single-family housing is permitted. concepts is presented in table form. The evaluation
focuses on three criteria:
Feedback on these code concepts from the
community, stakeholders, and policymakers will 1. Housing Options and Affordability:The
be considered in drafting code amendments.This concepts are analyzed for their impact on the
report and the associated public and stakeholder economic feasibility of developing new hous-
engagement activities are a critical step in creating ing. The concepts are also assessed based on
code regulations for middle housing which both their impact of the cost of development and
comply with state requirements and support the potential affordability of new middle housing.
City's broader goals for residential development. 2. Compatibility and Design:The concepts are
This report is part of a larger body of work for evaluated for their effectiveness in creating
the Woodburn Middle Housing Implementation new middle housing that is compatible with
Project. The recommendations and options the character of existing neighborhoods in
identified herein are based on an audit of the Woodburn and for producing high-quality
Woodburn Development Ordinance (WDO) for design outcomes.
compliance with HB 2001 and Division 46. For 3. Administration and Compliance:The con-
more information on these requirements and the cepts are assessed for how they may affect the
findings of the audit, see the Background Report. complexity of administering and using the
code.Additionally, it is noted how the concept
11IRGAIN II "1 10 IN can be approved for compliance with Division
46 by DLCD:
This report is organized in nine (9) sections
associated with implementation of middle housing "Track 1" approval means the concept
code regulations: meets the minimum compliance
standards of Division 46.
1. Minimum Lot Size
• "Track 2" approval means the concept
2. Building Size and Bulk does not meet minimum compliance
3. Architectural Design standards and thus is subject to alternative
approval process. This process requires
4. Landscaping and Open Space the City to demonstrate that any proposed
standards will not cause "unreasonable
5. Off-Street Parking and Garages cost or delay"to middle housing
6. Driveways and Garage Design development.
7. Cottage Cluster Standards
Code iiia II "
,,,m Im III IN III Ii Im III,,,, °1°° 111111..... It is possible that neighbors may perceive more
activity on the smaller lot because more of the site
Background may be utilized for the building, parking areas, or
One of the most important policy decisions related outdoor areas that are actively used by residents.
There may be less visual screening or a sense
to middle housing is the minimum lot size that will of separation between properties on a smaller
be required for each middle housing type. Mini- lot, particularly if existing vegetation must be
mum lot sizes determine where middle housing can removed and new trees or vegetation are difficult to
be developed. Minimum lot sizes also influence the accommodate. However, many of these impacts can
cost and feasibility of development by determin- be effectively mitigated by development and design
ing the number of lots where middle housing can standards related to landscaping, building size,
be developed and the amount of land that must be orientation, and other site planning issues.
acquired for development.
Division 46 rules include limits on minimum lot
Table 1 shows the minimum lot size standards that
would apply under Concept 1.These standards
sizes.These limits are intended to prevent cities are set at the highest minimum lot size that is
from requiring unnecessarily large lots for middle permitted under Division 46 rules. It is important
housing. to note that the minimum lot size for the middle
housing types are not significantly larger than the
Code Concepts minimum lot size for single-family houses in most
Given the limitations of the Division 46 rules,the zones.The difference in minimum lot size ranges
City has two options for minimum lot size stan- from 1,000 to 3,400 square feet. In most cases,the
dards.These options are summarized below. difference is between 1,000-2,000 square feet.
Concept 1: Larger Lots for Middle Housing Table 1:Example of Minimum Lot Size Standards under
The WDO currently requires larger lots for middle Concept 1:Larger Lots
housing types, such as a duplex,than single-family
detached housing. This approach is based on the Housing Type RS RSN R1S RM RMN
idea that a multi-unit building requires a larger
site in order to be compatible with a single-family Single-family 6,000 4,000 3,600 6,000 4,000
house. Duplex 6,000 4,000 3,600 6,000 4,000
In terms of visual compatibility, this idea is not Triplex 6,000 5,000 5,000 6,000 5,000
well-supported. There are many examples of du-
plexes,triplexes, or quadplexes on the same size Quadplex 7,000 7,000 7,000 7,000 7,000
lots as surrounding single-family houses and they
can "blend in"to these neighborhoods effectively. Cottage cluster 7,000 7,000 7,000 7,000 7,000
The key factors that affect whether the building is Townhouse 1,500 1,500 1,500 1,500 1,500
compatible with surrounding houses have more to
do with the design of the building itself, how and Note that the minimum lot size for a duplex must
where parking is sited, and the size and massing of be no greater than a single-family house and
the building.
minimum lot size for a townhouse must be no
In terms of how a multi-unit building functions greater than 1,500 square feet under Division 46
on a smaller vs. larger lot, there may be some rules.
differences between a quadplex on a 6,000 square
foot lot and a quadplex on a 7,000 square foot lot.
����� �I - I IC ,,
Concept 2: Same Size Lots for Middle Housing Table 2:Example of Minimum Lot Size Standards under
As an alternative to Concept 1, the City could allow Concept 2:Some Size Lots
for most or all middle housing types on the same Housing Type RS RSN R1S RM RMN
size lots as single-family houses.This concept is
based on the principle that it is not necessary to Single-family 6,000 4,000 3,600 6,000 4,000
require additional land area to ensure that middle
housing is compatible with single-family houses. Duplex 6,000 4,000 3,600 6,000 4,000
Alternatively, regulations would focus more on the Triplex 6,000 4,000 3,600 6,000 4,000
size and design of the building or the site and less
on the number of dwelling units or housing type. Quadplex 6,000 4,000 3,600 6,000 4,000
Table 2 presents an example of minimum lot size Cottage cluster 6,000 6,000 6,000 6,000 6,000
standards that could apply under Concept 1. Note
that minimum lot sizes may continue to vary Townhouse 1,500 1,500 1,500 1,500 1,500
by zone, but minimum lot size for most middle
housing types in most zones would be identical to
that of a single-family house.
Eva[uatbn
Criteria Concept 1:Larger Lots for Middle Housing Concept 2:Same Size Lots for Middle Housing
Housing Options This concept negatively impacts housing op- Concept 2 is more supportive of housing options
and Affordability tions and affordability by limiting the num- and affordability. More sites would be available
ber of lots where middle housing types could for development.Also,the cost of land for a
be developed. For example, Concept 1 would development project could be lower than under
prohibit a quadplex from being developed on Concept 1 because less land area is required.
approximately 1,200 lots that would other-
wise be eligible under Concept 2. See Figure 1
for a map of these lots.
Compatibility Generally, a larger lot for a middle hous- Compatibility and design are addressed through
and Design ing development would result in a density controls on building size,height,massing, archi-
level that would be more similar to that of a tecture, and landscaping rather than a minimum
single-family house. However,this difference lot size standard.
is marginal when the additional lot area is
1,000-3,000 square feet.
Administration Concept 1 is slightly more complex to admin- Concept 2 is slightly simpler to administer be-
and Compliance ister because minimum lot sizes vary by zone cause lot sizes vary less by housing type.
and housing type.
Concept 2 meets Division 46 minimum compli-
Concept 1 meets Division 46 minimum com- ance standards ("Track 1"approval).
pliance standards ("Track 1"approval).
Figure 1:Example Mop of Eligible Lots, Comparison ofConcept I and Concept
...................................................................................................................................................................................................................................................................
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Legend)
City L mits rL ; Urban Growth B ruundl ry
Bulldl%nq F otprunts Lot Sizing
Parks and Open pace Lots under 6,000 sq.ft, -No requirement to allow quadpillexes
Nonresidentlall Zoniiinig Concept 2 -Lots 6,000-7,0010 sq.ft.
Concept t -Lots over 7,000 sq.ft.
dCAy of'*,)uu(49aiw m OP equ rif Oilemjram GEO l ro HERE 1,
0 0,25 0,5 0.75 1 "afe'rrroph IN4I,'lAA�NTP,w.flHfpYaASA,OY"A Bureaus ullondNlac7ugpment PA
m I13 III IIIDIIING S11Z111:..:.AIN11I) I1 U III,,,,IIK cannot be any larger than 3,600 square feet. In this
visualization, the building footprint is reduced but
Background the height of the building remains at 2.5 stories.
Middle housing buildings may be more likely to The overall proportion and scale of building is
more consistent with the surrounding single-family
maximize the buildable envelope of any given site houses.
because they may include multiple units. There is
a"natural limit"to the size of a single-family house A maximum FAR standard is the recommended
because the market is small for very large houses approach for regulating size and bulk. FAR is
(for example, houses over about 3,000 square feet). relatively straightforward to measure and calculate
A developer may be more likely to maximize the for applicants and staff. FAR is also more flexible
size of a quadplex, however, in order to create four than more detailed bulk or massing regulations that
units that are a size that is attractive to a target attempt to more directly regulate the shape of the
market. For this reason, it is important for the building.
City to consider whether current development
standards, if applied to middle housing,would Figure 2: Visualization of Building Size and Form Concepts
ensure housing of a compatible scale with existing
single-family housing. Concept 1 -No Max FAR
Code Concepts
i iGG
Below are two conceptual options how the City
C V•�
might address the size and bulk of middle housing.
Concept 1:Apply Existing Standards(Larger
Buildings)
The City could apply existing maximum height,
minimum setback, and maximum lot coverage .
standards to middle housing developments. Figure
2 illustrates a possible building form if the size of Concept 2-Max FAR of 0.60
the building is maximized within the limits of these
standards. This visualization uses a 6,000 square
foot lot and the development standards of the RS
zone (WDO Table 2.02B).Table 3 summarizes key /
physical dimensions of this potential building.As
illustrated, the existing RS zone standards allow for
a fairly large overall building of up to nearly 5,000
square feet of gross floor area and 2.5-3 stories in `,a�
height.
Concept 2: New Size and Bulk Limits ,.
To reduce the disparity in size and bulk of new
middle housing types compared to typical, Table 3:Building Size and Form Concepts Comparison
existing single-family houses, the City could apply
additional limits on the overall size or proportions Dimensions Concept 1 Concept 2
of the building.
Lot Size 6,000 sf 6,000 sf
Figure 2 illustrates a potential building form
that might be achieved by applying additional Gross Floor Area 4,892 sf 3,600 sf
restrictions on the size and bulk of buildings. This
Floor Area Ratio 0.81 0.60
visualization assumes a maximum floor area ratio
("FAR") of 0.60 applies to the site. FAR is the ratio Average Unit Size(4 Units) 1,223 sf 900 sf
of the floor area of the building to the area of the
site or lot.As a result,the building in Figure 2
Eva[uatbn
Criteria Concept 1:Apply Existing Standards(Larger Concept 2:New Bulk and Size Limits
Buildings)
Housing Options Concept 1 would allow for larger overall Concept 2 would encourage smaller buildings
and Affordability buildings and larger dwelling units.This and dwelling units.The restrictions on building
may encourage more development of middle size may discourage development in some cases
housing if there is greater market demand for if the restriction results in smaller units that are
larger dwelling units. less marketable than larger units. However,this
issue can be mitigated by carefully setting the
Larger units are more expensive,however, restrictions with consideration of achievable
so this concept may not necessarily support unit sizes.
housing affordability.
Smaller units tend to be less expensive, so
this concept is more supportive of housing
affordability.
Compatibility Concept 1 would allow new middle Concept 2 better addresses compatibility and
and Design housing developments that are likely to be design by requiring new middle housing to be
incompatible in size with existing single- compatible scale with existing, single-family
family houses. housing.
Administration Concept 1 would be less complex to Concept 2 would be somewhat more complex
and Compliance administer as it would not add any new to administer because a new dimensional
dimensional regulations than are in place regulation is required.
today.
Concept 1 meets Division 46 minimum Concept 2 meets Division 46 minimum
compliance standards ("Track 1"approval). compliance standards ("Track 1"approval).
m ARC II1III"'1 1111:.:..' I U 11IRAIII..... III)llf;;;;S 1 G IN existing housing if they are given some level
of architectural treatment.
Background
• Eaves:The existing standards require eaves
The WDO currently includes a set of residential with a minimum depth of 12 inches.There
architectural design standards and guidelines are alternative ways to create an interesting
(WDO Section 3.07). A similar set of design roofline, such as a parapet or cornice.
standards is applied to single-family dwellings
and duplexes. "Medium density"residential Main Entries:The existing standards re-
buildings, which would currently apply to triplexes, quire a porch or recessed entry. The intent
quadplexes, and townhouses, are subject to a of this standard is to mark the front entry as
separate set of requirements. an important feature and to provide a tran-
sition from the street to the private realm of
Under Division 46, the City is limited to two options the house.Alternative ways of achieving this
for regulating design of middle housing.The City intent include an enclosed patio, a stoop,
may either apply the same design standards that additional landscaping, pillars or other
apply to single-family housing or may apply the elements to frame the entry, among other
design standards of the DLCD Model Code. treatments.
Code Concepts Figure 3 presents a few examples of middle housing
buildings which would not meet several of the
Given the limitations of the Division 46 rules, existing design standards, but may be compatible
three concepts are presented below for how the with existing housing stock in Woodburn.
City might apply architectural design standards to
middle housing. Under this concept, the existing single-family/
duplex design standards would be modified and/
Concept 1:Apply Single-Family/Duplex Standards or expanded to provide additional options for
design approaches. The standards would be written
The City's existing design standards that apply to achieve a similar intent as the existing design
to single-family dwellings, duplexes, and standards, but allow for treatments which would
manufactured dwellings could be applied to middle currently not be permitted under the existing
housing. Minor modifications would be required standards.
to ensure compliance with Division 46.The design
standards must not scale by the number of dwelling
units on the site or in the building, they must scale Figure 3:Examples of middle housing that would not com-
with form-based attributes of the building or site ply with existing single-family/duplex design standards
(such as the height or width of the building).
Concept 2: Modify Singte-Family/Duplex Stan- AIN,
dards to Allow More Flexibility
The existing single-family/duplex design standardswere written to apply to single-family housesand duplexes.While most of the standards are
appropriate to apply to middle housing types, some
standards prescribe a specific design treatment and
Y nY for a developerpropose n
alternative design that still mets the underlying
intent of the standards. Below are three examples
of these standards:
• Roof Pitch:The existing standards require a
pitched roof with a minimum slope of 4:12.
This prohibits flat or low slope roofs.While
flat roofs are uncommon in Woodburn,
they may not be entirely incompatible with
Mill
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Concept 3:Apply DLCD Model Code Standards
Another option is for the City to make no
amendments to existing single-family/duplex
design standards and to adopt the design standards
of the DLCD Model Code ("Model Code") for
triplexes, quadplexes, and townhouses. The Model
Code standards address many similar elements
as the City's existing single-family/duplex design
standards.
See Table 4 for a comparison of the two sets of
standards. The main difference is that the Model
Code does not regulate roof pitch, roof materials,
eaves, or exterior materials.The Model Code
regulates main entrances and facade articulation
in a slightly different manner than the WDO single-
family/duplex standards, but achieves a similar
intent.
Table 4:Comparison of Existing Design Standards with DLCD Model Code Standards
Regulated Design Element(s) Existing Single-Family/Duplex Design DLCD Model Code Design Standards
Standards(Concept 1 and 2) (Concept 3)
Roof pitch Yes,minimum 4:12 No
Roof materials Yes No
Eaves:Minimum depth Yes, 12 inches No
Exterior materials Yes No
Attached garages:Prefer Yes Yes
side or rear orientation
Attached garages: Yes-max width 50%,max area 65% Yes-max width 50%
Maximum width or area
Detached garages: Yes-20 feet from front facade Yes-must be separated from the street
Minimum setback by a dwelling
Main entrance: Yes No-options include:face street,45
Must face the street degree angle to street, or open to a porch
or common open space
Main entrance: No Yes-8 feet from front facade
Maximum setback
Main entrance:Must have Yes No
porch or recessed entry
Windows:Minimum area Yes- 15% Yes- 15%
Facade/roofline articulation Yes-three options: articulated roofline, Only applies to townhouses-one articu-
gable/dormer,facade offset lating feature per unit
Eva[uatbn
Concept 1:Apply Existing Concept 2:Modify Concept 3:Apply DLCD Model
Criteria Single-Family/Duplex Existing Standards to Allow Code Design Standards
Standards More Flexibility
Housing Options Some standards may discour- Concept 2 would better The Model Code standards are
and Affordability age some developers if they support opportunities for generally supportive of hous-
are seen as too prescriptive. development by providing ing options and affordability.
The articulation standard may more flexibility.There may There are few prescriptive
add to the cost of develop- also be an opportunity to standards and flexibility for
ment reduce the cost of complying lower cost design options.
with the design standards by
modifying more costly stan-
dards.
Compatibility Concept 1 would produce Concept 2 could produce The Model Code standards
and Design middle housing that is most middle housing that is less may be least likely to produce
similar to existing single-fam- similar to existing single-fam- compatible middle housing
ily housing. Key features ily housing. However,if writ- development.They offer
include pitched roofs, eaves, ten carefully,the standards flexibility but do not regulate
and porches/recessed entries. would ensure new housing is some key features, such as
broadly compatible with ex- articulation(for triplexes and
isting housing even if certain quadplexes) and roof style.
features are different.
Administration Administration would be most Administration is slightly Administration is similar to
and Compliance simple as the existing stan- more complex as it may Concept 1 or less complex as
dards change the least. include new standards and the standards regulate fewer
approaches. design elements.
Concept 1 meets Division 46
minimum compliance stan- Concept 2 meets Division 46 Additionally,the City would
dards ("Track 1"approval). minimum compliance stan- not be required to modify
dards ("Track 1"approval). existing single-family/duplex
design standards.
Concept 3 meets Division 46
minimum compliance stan-
dards ("Track 1"approval).
m IIL....AIN II IIf"'III INS AIN III) 0 IIf"IIf;;;;l 11f"IACIlf;;;; Current WDO standards for multi-family housing
require 1 plant unit for every 15 square feet for
Background setback areas abutting a street. For a 60-foot wide
The City currently does not require any minimum lot with a 20' front setback, excluding a driveway,
landscaping or open space for single-family this would require approximately 50-60 plant units,
which equates to either 7-8 medium sized trees or
dwellings and duplexes, except for the planting of 25 large shrubs. This requirement is too high for
street trees and protection of existing significant a residential front yard, so a lower standard for
trees (WDO Section 3.07). single-family housing and middle housing would be
For multi-family housing, the WDO applies these appropriate.
same standards, as well as a minimum amount of Concept 3: Common Open Space
landscape plantings on the site, including setbacks
adjacent to the street, buffer yards, off-street WDO Section 3.07.05 currently requires a minimum
parking areas, common area, and other yards.The amount of both private and common open space
WDO also requires a minimum amount of private for multi-family housing.This requirement would
and common open space be dedicated on multi- currently apply to triplexes and quadplexes. If
family housing sites. dedicated open space is a priority for middle
This approach must be amended as middle housing housing,then it would be appropriate to require
types are not permitted to be subject to more a minimum amount of common open space. It is
intensive landscaping or open space standards than not permissible under Division 46 rules to require
single-family housing under Division 46 rules. a minimum amount of private open space because
this standard would scale by the number of
Code Conceptsdwelling units on the site.
4�
Below are three conceptual options for how the A minimum common open space requirement of
City could apply landscaping and open space 300-500 square feet per lot would be appropriate for
requirements to middle housing.The three middle housing types. The standard would apply
concepts are illustrated in Figure 4.The concepts equally to a single-family dwelling or a quadplex,
are not exclusive alternatives and could be so the per-unit equivalent would range from 75-
combined together. 125 square feet per unit for a quadplex to 300-500
square feet per unit for a single-family dwelling or
Concept 1: Street Trees and Significant Trees(Ex- townhouse.
isting Single-Family/Duplex Standards) This common space would be required to be
The City could apply the same landscaping and surfaced so it is usable for outdoor recreation or
open space standards that currently apply to relaxation, such as with a grass lawn or pavers. In
single-family dwellings and duplexes.This would most zones,this minimum open space could easily
require all middle housing developments to plant be accommodated in the required rear yard area,
street trees and to conform with the requirements which would be approximately 900-1200 square
associated with protecting existing significant trees. feet on the smallest lot, depending on whether any
accessory structures are present.
Concept 2: Front Yard Landscaping
In addition to the requirements under Concept 1,
the City could apply a more limited set of minimum
site landscaping standards to middle housing as
well as single-family dwellings. If compatibility
of middle housing with existing single-family
housing stock is an important goal,then it would
be appropriate to require a minimum amount of
landscaping in front yards,which are most visible
from the street and would help to "soften the edges"
of new development.
Figure 4:Landscaping and Open Space Code Concepts
Concept]:Street Trees and Concept 2:Front Yard Landscaping Concepti:Common Open Space
Significant Trees
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Criteria Concept 1:Street Trees and Concept 2:Front Yard Land- Concept 3:Common Open
Significant Trees scaping Space
Housing Options This concept would have the This concept could have some This concept would have
and Affordability least negative impact on hous- impact on the cost of develop- minimal negative impacts on
ing options and affordability ment,but this can be miti- housing options and afford-
because it minimizes land- gated by carefully setting the ability so long as the amount
scaping requirements. standards so as not to impose of open space required or
unnecessary costs. level of improvements is not
more than outlined above.
Compatibility Concept 1 would do less to This concept would help new This concept would have min-
and Design ensure compatibility with middle housing to"blend in" imal impact on compatibility
existing site landscaping. to existing neighborhoods by as most open spaces would be
Established neighborhoods ensuring that new housing located in more private rear
in Woodburn tend to have includes some amount of or side yards.
more mature landscaping landscape plantings in visible
in front yards. Under this front yards. It would also help
concept,new development to"soften the edges"of more
could include minimal or no intense land uses.
landscaping.
Administration Administration would be most Administration is slightly Administration is slightly
and Compliance simple as the existing stan- more complex as it will in- more complex as it will in-
dards change the least. clude new standards. clude new standards.
Concept 1 meets Division 46 Concept 2 meets Division 46 Concept 3 meets Division 46
minimum compliance stan- minimum compliance stan- minimum compliance stan-
dards ("Track 1"approval). dards ("Track 1"approval). dards ("Track 1"approval).
5. 0111::::,111:::: S I 11IRIII:..: I 11PAIR IK11 IN G AIN III) GAIRAG E::. are presented for how the City can amend current
garage requirements.
1IR111:..:...Qkj i IM IN I S
Background Concept 1: Eliminate Garage Requirements
In order to meet new state requirements under If the City cannot require garages for duplexes,
Division 46, the City must reduce the number of triplexes, quadplexes, and cottage cluster housing,
off-street parking spaces that are required for then it may be seen as inequitable to apply
middle housing. Currently,the City requires two (2) that requirement to single-family dwellings,
parking spaces for each residential dwelling unit. townhouses, and larger multi-family buildings.
Under Division 46 rules, the City generally cannot Under this concept,the City would not require
require more than one (1) parking space per unit garages for any housing type.When garages are
for middle housing. provided by the developer, then certain design and
dimensional standards may apply.
The City currently requires garages for all single- Concept 2: Require Garages Only for Singie-Fami-
family housing and for 50% of the parking spaces
for multi-family housing. Under Division 46 rules, ty Dwellings
the City may not require garages for duplexes, If garages are a priority for the City, then the City
triplexes, quadplexes, and cottage cluster housing. could continue to require them for detached,
Garages may be required for townhouses. single-family dwellings. Single-family dwellings are
Code Concepts likely to continue to represent most new housing
construction in the City even after the new middle
Given these limitations, no concept options are housing allowances.Thus, functionally, most new
presented for the minimum off-street parking housing units would continue to have garages.
requirements.The code will be amended to comply
with these requirements. However,two concepts
Eva[uation
Criteria Concept 1:Eliminate Garage Requirements Concept 2:Require Garages Only for Sin-
gle-Family Dwellings
Housing Options This concept has a positive impact on housing This concept has a negative impact on hous-
and Affordability options and affordability. Garages add to the ing options and affordability. Garages add to
cost of development and limit design flexibil- the cost of development. However, most new
ity. single-family houses are built with garages in
other cities that do not require garages. Garag-
es are often favored by homebuyers.
Compatibility and In neighborhoods where garages are typical, In neighborhoods where garages are typical,
Design this may result in developments that look this may help to make new single-family dwell-
different than existing housing,perhaps with ings more similar to existing housing. Howev-
more open parking areas or carports. er, any new middle housing may be less similar
as garages would not be required.
Administration This concept would simplify administration This concept is similar as the current code in
and Compliance slightly as it removes a code requirement. terms of administration.
Concept I meets Division 46 minimum com- Concept 2 meets Division 46 minimum compli-
pliance standards ("Track I"approval). ance standards ("Track I"approval).
m Ill 11IR 1 llf;;;; YS AIN III) GAIRAGIlf;;;; Ill)11:..:..'S 111 G IN on one lot. WDO Section 3.04 (Vehicular Access)
limits residential uses to one driveway per lot or
Background one driveway for every 100 feet of lot frontage,
whichever is greater.This means that a quadplex
The WDO generally applies the same vehicular with four side-by-side units would only be allowed
access and driveway standards to single-family one driveway and therefore must have a shared
housing as would apply to middle housing types. driveway with parking on the side or rear of the
This meets the minimum compliance standards building.This is not necessarily a poor outcome
of Division 46. Some minor amendments maybe because it limits the visual impact of garages and
needed to ensure the standards scale by form-based the number of curb cuts facing the street.
attributes and not by the number of units and to
clarify how the standards apply to middle housing. However, a set of four townhouses, which may
look identical to a side-by-side quadplex from the
One exception is the Nodal Overlay District, which street,would be allowed to have four individual
requires all small lot single-family houses and driveways because each unit is located on its own
single-family attached houses (townhouses)to lot.This situation may incentivize development
have garages that are accessed from rear alleys. of townhouses over triplexes/quadplexes,which
Standard single-family housing is not subject to this would generally favor development of ownership
requirement.This requirement must be amended. housing over rental housing.This could be seen
as inequitable because it limits opportunities for
CodeConcepts rental housing development.
In addition to the required amendment to the Nodal Under this concept, the City would allow for
Overlay District, there may be opportunities to triplexes/quadplexes to have multiple driveways.
improve access, driveway, and garage standards to The DLCD Model Code allows for multiple
ensure equity of development opportunities across driveways under the following conditions:
housing types and to improve design.The concepts
below address these issues. The driveways must take access from a local
street. If only access is to a collector/arterial,
Concept 1:Allow individual driveways fortriplex- then must meet applicable driveway spacing
es/quadplexes standards.
The WDO currently would only allow one driveway The combined width of the driveways is
for a triplex or quadplex because the units are limited to 32 feet. This would allow for up to
Figure 5:Options for DrivewoyAccess for Triplexes/puodplexes, DLCD Model Code
m. ........_. .. ...
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LOCAL STREET LOCFtL ETRIEET
four (4) narrow driveways. The WDO design standards for single-family
dwellings and duplexes currently limit garages
• If the driveways are separated,they must to 50% of the width of the facade and 65% of the
meet minimum spacing standards of the area of the facade. This standard will need to
jurisdiction for local streets. This would pre- be amended slightly to allow for a garage on a
serve space between driveways for on-street narrower townhouse unit or triplex/quadplex unit.
parking. For example, Division 46 rules limit the minimum
• If the lot has frontage on an alley, access street frontage that can be required for townhouses
must be taken from the alley. to no greater than 20 feet.Assuming a 20-foot wide
townhouse, a one-car garage (typically 12') would
Concept 2: Require shared/rear access on corner account for 60% of the width of the facade.
lots or lots with alleys There are a number of design standards which can
On sites where it is more feasible to limit curb cuts help to mitigate the visual impact of garages on
and front-loaded garages,the City might consider narrower facades. Below is an example of a set of
requiring all developments to do so. There are two design standards intended to mitigate the visual
types of sites where this is usually more feasible. impact of garages (City of Beaverton, Compact
Detached Housing Standards). Figure 7 shows
First, on lots with two frontages (typically, lots on images of two garages that comply with these
corners), the City could require a shared access standards.
driveway with rear-loaded garages or parking in
the rear.The WDO currently requires lots that The garage must be recessed behind the
only have access to an arterial or collector to have main facade by at least 1.5 feet
shared access. Under this concept, the City would The garage must include at least two of the
extend this requirement to all sites that have dual following features:
street frontages (usually corner lots).
The second situation where it is more feasible Garage trellis or pergola extending at
to limit front-loaded garages and individual least 12 inches from the building face
driveways to each unit are on lots with alleys. Windows on 15% of the garage door
There are few alleys in Woodburn today, however,
the Nodal Overlay District requires alleys in new Decorative hardware
developments that include small lot housing or Natural wood finish
townhouses. These housing types are required to
have garages that are accessed from alleys. Under A recess of at least three (3) feet
this concept, the City would require rear access
from an alley wherever alleys currently exist. Multiple material finishes or colors are
used
Concept 3: Require alleys with all new su bdivi-
sionsorPUDs
Figure G:Examples of Goroge Design Elements
As noted above,the City currently requires
alleys only in the Nodal Overlay District. If it is a
l
priority to encourage alley-access housing in more
locations,the City could require alleys in all new
subdivisions or PUDs where a street extension orr
new street is constructed.
Concept 4:Adopt design standards to mitigate
the visual impact of garages „f
There will remain many sites where it is not
feasible or practical to require shared or rear
access. In these cases, garages and driveways
will be prominent when viewed from the street.
Eva[uatbn
Concept 2:Require Concept 4:Adopt
Concept 1:Allow indi- Concept 3:Require
shared/rear access on design standards to
Criteria vidual driveways for corner lots or lots with alleys with all new mitigate the visual
triplexes/quadplexes subdivisions or PUDs
alleys impact of garages
Housing Op- This concept is sup- This concept may This concept would This concept would
tions and portive of housing have a minor negative have a substantial have a minimal
Affordability options and develop- impact on housing impact on the cost impact on feasibility
ment feasibility by options and feasibility, of development by because the cost of
providing option to but this can be mini- requiring additional compliance is rela-
serve each units with mized by only requir- improved alleys. tively low.
individual driveways. ing shared/rear access
on sites where it is
truly feasible.
Compatibility This concept may neg- This concept would This concept would This concept would
and Design atively impact com- further design goals further design goals further design goals
patibility and design if to create appealing to create appealing to create appealing
front-loaded garages front facades. It may front facades. front facades.
are not common in an not be as important
area. to compatibility in
neighborhoods where
front-loaded garages
are already prominent.
Administration Administration of Administration of Administration of Administration of
and Compliance these new standards these new standards these new standards these new standards
may be somewhat may be somewhat may be somewhat is simple as they
complex as it will be complex as it may not complex as it may are similar to many
an exception to the always be straight- not always be existing designs stan-
current code require- forward to determine straightforward to dards.
ment that limits sites which lots this stan- determine which
to one driveway per dard applies to. projects/sites this Concept 4 meets
lot. standard applies to. Division 46 mini-
Concept 2 meets mum compliance
Concept 1 meets Division 46 minimum Concept 3 meets standards("Track 1"
Division 46 minimum compliance standards Division 46 mini- approval).
compliance standards ("Track 1"approval). mum compliance
("Track 1"approval). standards("Track 1"
approval).
"'gym CO"'I"""'I AGIlf;;;; C III,,,,U "'I "'I AINIDAIRIDS cottages to 2 stories, apply design standards
to ensure cottages are oriented to a common
Background courtyard and parking areas are sited to reduce
The City does not currently define a"cottage their visual impact from the street or the cottages.
cluster".The WDO's current development and The Model Code standards incorporate many of the
design standards do not adequately address unique best practices of cottage housing design.
issues related to cottage cluster development. It is possible for the City to develop its own,
Therefore, it is recommended that the City adopt unique set of cottage cluster standards but not
a new set of development and design regulations recommended. If the City elected to do so, it would
specific to this housing type. need to meet the "Track 2" approval criteria. This
would require the City to submit findings to DLCD
Division 46 rules set out minimum compliance to demonstrate that the proposed standards would
standards for cottage cluster housing. As with other not cause "unreasonable cost and delay".
housing types, the City may either apply the same
design standards that apply to single-family housing Concept 2:Adopt the DLCD Model Code Standards
or may apply the design standards of the DLCD and Apply Selected Single-Family Design Stan-
Model Code. dards
Code Concepts The DLCD Model Code cottage cluster standards do
not address the architecture of the cottage buildings
Below are two conceptual options for how the City themselves. The standards focus predominantly
might adopt cottage cluster housing standards: on site design. Under this concept, the City would
Concept 1:Adopt the DLCD Model Code Standards also apply a selected set of architectural design
standards that apply to single-family dwellings
The DLCD Model Code standards for cottage cluster today and will apply to other middle housing
housing are thoughtfully prepared and address the buildings in the future. These standards would
key issues which make cottage cluster housing an regulate elements not addressed by the Model
attractive form of residential infill development. Code, such as roof pitch, roof materials, exterior
The standards require smaller unit sizes, limit materials, and facade articulation.
(Eva[u<tion
Criteria Concept 1:Adopt the DLCD Model Code Concept 2:Adopt the DLCD Model Code Standards
Standards and Apply Selected Single-Family Design Standards
Housing Options The Model Code standards are generally Applying additional design requirements to cottage
and Affordability supportive of feasible development oppor- cluster housing,beyond those of the Model Code,
tunities and affordability. could impose some additional costs on develop-
ment.This issue can be minimized with careful
code-writing.
Compatibility The Model Code standards address many By applying the same standards that apply to
and Design key design elements that make cottage single-family dwellings and other middle housing
cluster housing a compatible form of infill to individual cottages,this concept would better
with single-family housing. achieve compatibility than Concept 1.
Administration The Model Code standards are well Administration of the single-family design stan-
and Compliance written and would be relatively easy to dards would be straightforward because they are
administer. Concept 1 meets Division 46 currently used.The code may need to clarify how
minimum compliance standards("Track the standards apply to cottage housing in some cas-
t"approval). es. Concept 2 meets Division 46 minimum compli-
ance standards ("Track 1"approval).
131
� �I N
IC ,,
m I IIf;;;;III III° Ilf 111 lll° 111 1111AIIIA "'I 11IR AIR 11:..:.AS the predominant patterns of existing housing.
For example, in areas where modestly sized one-
Background story ranch houses are common, as was identified
Woodburn's neighborhoods look and feel different in the "Midcentury Ranch" pattern areas in the
Background Report, maximum FAR and height
from each other. They include areas built in the standards may adjusted down to better respond
early 20th century with Craftsman and Victorian to this context of smaller houses that are more
homes, mid-century subdivisions of one-story horizontally proportioned.
ranch homes on small lots, and contemporary
subdivisions typically with larger, two-story homes. Concept 3: Modify Design Standards by Character
These patterns are described in detail in the Area
Neighborhood Patterns Analysis in Section 3 of the
Background Report. Under this concept, the City would tailor design
standards by character area. This concept could
However, new development in these diverse be implemented in conjunction with Concept 2.
neighborhoods are often subject to the same For example,the City might require more steeply
residential design and development standards pitched roofs in the downtown Woodburn areas
because they are in the same zoning district. This than in west Woodburn or other areas where
may result in new housing development which ranch homes are common. Other design elements
complies with the zoning requirements but is that vary by character area could include window
incompatible with the surrounding neighborhoods. proportions (vertical vs. horizontal), depth of eaves,
This issue could be more prominent for infill of amount of facade articulation, and style of main
middle housing than single-family housing. entrance (porch or recessed entry).
Code Concepts
Below are three concepts for how the City Figure 7:Example of Differing Neighborhood Patterns,
might regulate the form of new middle housing Downtown Woodburn and West Woodburn
development to respond to the character of various
neighborhoods: ,` �;/ �� � �/✓��� �""�"
Concept 1: Use Existing Zoning Districts
The City would continue to regulate development
based on existing zone district boundaries. As
noted above,this limits the City's ability to tailor
design and development standards to individual
areas or neighborhoods within the broader zoning
districts. For example,the Rl district includes areas
.
m west Woodburn that are characterized by one-
story ranch homes as well as areas in and around
downtown Woodburn that can look quite different.
See Figure 7 for images which illustrate some of
these differences. l/
Concept 2: Modify Height and Bulk Standards by
CharacterArea
One of the most noticeable differences across
Woodburn's neighborhoods is the size and
proportions of houses.As noted above, it is
recommended that the City implement new
bulk and size controls generally. Under this
concept,these regulations would vary based on
Mill
� �1 - I IN ,,
(Evaluation
Concept 1:Use Existing Concept 2:Modify Height and Concept 3:Modify Design Stan-
Criteria Zoning Districts Bulk Standards by Character dards by Character Area
Area
Housing Concept 1 is generally sup- Concept 2 is generally supportive Concept 3 is generally supportive
Options and portive of housing options of housing options and affordabil- of housing options and afford-
Affordability and affordability. ity. However,by applying differ- ability.Varying design standards
ent standards in different areas, by character area is less likely
this may result in encouraging to influence where development
development in areas where the occurs than under Concept 2
standards are seen as more favor- because height/bulk standards
able to development. have a greater impact on market
feasibility.
Compatibility As noted above, Concept 1 Concept 2 advances compatibility Concept 3 advances compatibility
and Design may result in middle hous- further than Concept 1 by focus- in a similar manner as Concept 2
ing that is incompatible in ing on the most salient feature but may be less important be-
some neighborhoods but of new housing(size and propor- cause specific design elements are
compatible in others with- tions) and tailoring the relevant not as prominent as the overall
in the same zone district. standards to local context. size and proportions of a building.
Adminis- Concept 1 is the most Concept 2 would add complex- Concept 3 would add complex-
tration and simple to implement and ity to the code and likely would ity to the code and likely would
Compliance administer. require 2-3 new overlay zones or require 2-3 new overlay zones or
splitting existing base zones. splitting existing base zones.
Concept 1 meets Division
46 minimum compliance Concept 2 meets Division 46 Concept 3 meets Division 46
standards("Track 1"ap- minimum compliance standards minimum compliance standards
proval). ("Track 1"approval). ("Track 1"approval).
m co 111) ;;;; 1INC f;;;;I I 1V111:..:..'S parking requirements. Each of these elements
directly affect the feasibility and profitability of a
Background development.
To further encourage new residential developments Considering the market for middle housing in
to achieve certain outcomes, the City could offer Woodburn, it is recommended to offer either an
regulatory incentives in exchange for certain increased density, increased floor area, reduced
features.The incentives would be optional, but parking, or offer all as options. If the City decides
may be attractive to a developer if they provide to move forward with an incentive policy, then
a tangible benefit that outweighs the cost of this benefit can be calibrated appropriately. At this
complying with the requirements. Division 46 rules stage it is important to consider the other side of
do not address the use of code incentives. So long an incentive program-the benefit provided by a
as the incentive is truly optional then the City may developer.
structure incentives at their discretion.
There are two sides to an incentive program. Coded Concepts
The first is the benefit provided by the City. The Below are four conceptual options for outcomes
most valuable benefits that can be provided to a or benefits the City would require in exchange for
developer are typically increased density, increased a regulatory concession or"bonus" as discussed
floor area, increased building height, or reduced above.
Concept 1:Affordable Housing Concept 3:Tree Preservation
An incentive is provided to developments that set An incentive is provided to developments that
aside some of the units for households with lower preserve existing, significant trees on the site.
or moderate incomes and limit rent or sale prices to
be affordable to those households. Concept 4: Design Quality/Features
Concept 2:Accessible Housing An incentive is provided for developments that
incorporate design features which go beyond the
An incentive is provided to developments that minimum requirements of the code.
include units which are designed to be accessible to
people with disabilities.
Criteria Concept 1:Affordable Concept 2:Accessible Concept 3:Tree Pres- Concept 4:Design
Housing Housing ervation Quality/Features
Housing Options This incentive could Similar to Concept 1, The goal of this The goal of this
and Affordability have a significant this incentive could incentive is not to incentive is not to
impact on the feasi- positively impact provide more hous- provide more housing
bility of developing housing options for ing options. options.
affordable housing people with disabili-
units. However,the ties or the elderly so
incentive must be long as it is calibrated
significant due to the accordingly.
high costs of provid-
ing affordable units.
Compatibility The goal of this in- The goal of this in- In neighborhoods This incentive could
and Design centive is not related centive is not related with many significant strongly support com-
to compatibility or to compatibility or trees that contribute patibility by offering
design. design. to the character of a tangible benefit for
the neighborhood, a developer that takes
this incentive could extra steps to design
help to preserve more housing to"fit in"
of those trees. with existing neigh-
borhood character.
Administration Administration of Administration of this Administration of this Administration of this
and Compliance this incentive would incentive would be incentive would be incentive would be
be somewhat com- somewhat complex. relatively simple. It relatively simple. It
plex. It requires It requires evaluat- requires another step requires staff review
implementing a deed ing interior design in final inspection to of architectural de-
restriction to ensure features for compli- ensure tree(s)were sign for compliance
housing units remain ance with accessibil- actually preserved with some additional
affordable over time. ity standards,which during construction standards beyond the
the City may not do base requirements.
currently.
Otak
-.000 h6'
Technical Memorandum
To: Colin Cortes, City of Woodburn
From: Serah Breakstone, AICP
Copies: Jamin Kimmell, Cascadia Partners
Date: February 22, 2021
Subject: IBTER Audit Report
Project No.: 19896.00
The City of Woodburn is subject to House Bill 2001,which requires cities to update their zoning codes to
implement middle housing in areas where single detached housing is allowed. If a city is concerned that existing
infrastructure (water, sanitary sewer, stormwater and transportation) cannot support the additional density
resulting from new middle housing units, it may submit an infrastructure-based time extension request (IBTER).
Requests are submitted to and reviewed by the Department of Land Conservation and Development (DLCD) and
must demonstrate either an existing or anticipated infrastructure deficiency that is directly linked to middle
housing implementation.The rules for middle housing implementation and IBTERs are established in Oregon
Revised Statutes, Chapter 660, Division 461.
In order to understand if Woodburn might have an infrastructure deficiency that would warrant an IBTER,the
Otak team conducted audits of water, sanitary sewer, stormwater and transportation infrastructure.The audits
were based on existing and available information provided by the City, and on stakeholder interviews and
conversations with City staff. No new studies or analyses were conducted as part of this work.This memo
provides the findings from those audits.
Overall, the audits did not reveal infrastructure deficiencies that could be directly linked to development of
middle housing units. While there are some infrastructure issues in the City, and some planned improvement
projects, there was not enough evidence or information to demonstrate that those infrastructure issues would
be impacted or made worse by the incremental increase in middle housing units.
1 https://secure.sos.state.or,us/oard/displayDivisionRules.action?selected Division=5988
808 SW Third Avenue,Suite 800, Portland,OR 97204 • Phone(503)287-6825 Fax(503)415-2304 otak.com
103
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City of Woodburn IBTER Audit Report February 22, 2021
TRANSPORTATION
Infrastructure Specific Overview
An audit of Woodburn's transportation network was performed to determine if there are any portions of this
network that would be measurably and negatively impacted by the allowance of middle housing in areas zoned
exclusively for single family residential.This assessment was based on a review of key City and State (ODOT)
owned roadways within the Woodburn urban growth boundary(UGB), a review of available infrastructure plans
and studies, and discussions with key City staff. In summary, it was concluded that the allowance of middle
housing is unlikely to create measurable operational/safety impacts to the overall transportation network.
Additional details are provided in the following sections.
Documents/Information Reviewed
To assist in the audit of the transportation network, the following documents and individuals were reviewed
and/or consulted:
• City of Woodburn 2019 Transportation System Plan (TSP) -The Woodburn TSP was last updated and
adopted in 2019. It guides the near-and long-term management and development of all transportation
facilities in Woodburn.This document was reviewed to determine the existing and projected roadway
infrastructure deficiencies and how those deficiencies are planned to be addressed.
https://www.woodburn-or.gov/dev-planning/page/transportation-system-plan-tsp-2019-2039
• Traffic Impact Studies were reviewed for the following recent development projects to learn more about
how recent development projects were projected to impact the transportation network.
o Woodburn Eastside Apartments haps://www.woodburn-or. ov/dev-
planning/project/annexation-anx-2019-01-woodburn-eastside-apartments-2145-molalla-road-
ne
o Pacific Valley Apartments https://www.wood burn-or.gov/dev-planning/project/design-review-
dr-_20.19-03-pacific-valley-apartments-1310-1340-n-pacific-highway
o Smith Creek https://www.woodburn-or.gov/dev-planning/project/smith-creek-development-
annexation-planned-unit-development-subdivision-105-690
o Woodburn Urgent Care https://www.woodburn-or.gov/dev-planning/project/design-review-dr-
2020-06-wood bu rn-u rLent-care-tom-te n na nt-d r
o Allison Way Apartments haps://www.woodburn-or.gov/dev-planning/project/design-review-dr-
2019-05-al lison-way-apartments-stacy-al lison-way
• Tukwila Homeowners Association Covenants, Conditions, and Restrictions (CC&Rs)—The CC&Rs were
reviewed for the various associations that make up the Tukwila neighborhood to determine if they have
formal language noting the allowance or restriction of middle housing types.hops://tul<wilahoa.com/
• Phone interview with Chris Kerr, Woodburn Community Development Director
• Phone interview with Eric Liljequist, Woodburn Public Works Director
Summary of findings
In order to request a transportation-based time extension on the allowance of middle housing types,there are
two justifiable circumstances as allowed under OAREO.:..O ..030.
1.There are intersections or roadways that are currently operating/forecast to operate below acceptable
mobility standards or have geometric/safety limitations that would be measurably impacted by the allowance of
middle housing. Under this rationale, it would need to be shown that there is not an already identified/adopted
mitigation plan within the local or regional transportation plan that would address the deficiency.
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City of Woodburn IBTER Audit Report February 22, 2021
Findings
The City of Woodburn's Transportation System Plan was last updated in adopted in 2019. This multi-modal
update of the city's circulation system was prepared using the most recent State of Oregon guidelines and best
practices for preparing TSPS.As a result, it includes a detailed and recently updated list of roadway enhancement
projects, intersection improvement projects, and local street connectivity plans that are expected to address
existing and forecast operational/safety deficiencies both on the local and regional transportation network.A
review of the single-family zoned areas of the city revealed that the major roadways and intersections serving
these neighborhoods are addressed in the TSP project list. Furthermore, based on the conservative modeling
efforts that went into the TSP development, it is unlikely that potential small or incremental pockets of middle
housing within these areas would measurably impact the operations and safety of the supporting infrastructure
network above and beyond already forecast levels.
2.There are residential areas that currently do not have adequate emergency vehicle access.
Findings
A review of the existing street network and conversations with City staff did not reveal any single-family
residential neighborhood streets that do not meet current emergency vehicle access standards. Furthermore, the
Woodburn TSP has a local street connectivity plan that conceptually identifies how future residential
developments will connect to the existing roadway network. This will ensure that future residential streets will
have adequate connectivity from a mobility perspective and from an emergency access perspective.
Although not explicitly stated in the IBTER rules, a third potential justification is in those residential
neighborhoods that have Homeowners Associations (HOA)governed by CC&Rs. CC&Rs are legal documents that
describe the requirements and limitations of what homeowners can do with their property. Sometimes they can
include provisions that restrict the construction of housing types within the neighborhood that are inconsistent
with the rest of the neighborhood (i.e. restricting townhomes or other more dense housing in a single-family
neighborhood). If the CC&Rs were formally adopted prior to HB 2001 taking affect and they contain specific
language restricting middle housing types,these restrictions can remain enforceable. If the CC&Rs were formally
adopted prior to HB 2001 and they don't contain specific language restricting middle housing types,the
respective HOA is not allowed to retroactively go back and revise their CC&Rs to restrict middle housing. In
these situations, there could be potential future traffic demands or housing density issues that would negatively
impact circulation or emergency services.
Findings
A review of available CC&R's from Woodburn's Tukwila neighborhood indicated that all of the various
associations have CC&R's that either allow middle housing types or have CC&Rs that were formally adopted prior
to the rules of HB 2001 that specifically exclude middle housing types.As such, there are no technicalities in the
Tukwila neighborhood CC&Rs that would lead to future middle housing challenges.Although there are other
HOA's with CC&Rs in Woodburn, their respective CC&Rs were not made available for review.
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City of Woodburn IBTER Audit Report February 22, 2021
STORMWATER
Infrastructure Specific Overview
This audit contains a review of Woodburn's stormwater drainage infrastructure, which provides stormwater
collection and conveyance for the City.
The audit is based on limited and outdated information provided by the City. No new analysis or study of
stormwater infrastructure was conducted as part of this audit.The City Engineer confirmed that permits for
residential infill development were not currently being denied on the basis of stormwater drainage deficiencies.
Based on the available information, a significant stormwater deficiency related to potential middle housing
development impacts was not able to be determined.
Documents/Information Reviewed
■ Storm Drainage Master Plan— 1996, Chapters 7 and 11
These chapters continue to guide the stormwater policy and requirements for Woodburn. Most
relevant to the IBTER and HB 2001 are the following:
Chapter 11, Section C. Extension of Drainage Services to Upstream Parcels -details how in new development,
the developer needs to install drainage infrastructure sufficient to accommodate upstream flows as well
(subsections 1-5).
"In general, any new development shall install closed conduit drainage conveyances[that]are of sufficient
capacity and depth and are suitable to serve parcels which[are]topographically upstream of the
development site.Such conveyances shall be sized to receive future post-development upstream, un-detained
flows for a 25-year storm event in a Local Drainageway and a 50-year storm event in a Secondary
Drainageway."
Chapter 11, Section G. Detention Requirement for Large Developments-outlines stormwater management
requirements for larger development (greater than 2.5 acres of impervious cover) including single family
development and multifamily development.
"Any new construction, or expansion of existing construction,for commercial, industrial, institutional, or
multi family development uses which creates greater than 2.5 acres of total impervious areas(not including
public roads created as a part of the development)are required to provide onsite detention of storm flows.
Any new single-family residential development larger than 5 acres(gross area, all phases), shall also provide
onsite storm water detention facilities."
Chapter 11, Section H. Detention Requirement for Small Developments -outlines stormwater management
requirements for small development, which would typically include infill middle housing development.
"Any new construction, or expansion of existing construction,for commercial, industrial, institutional, or
multi family uses which creates less than 2.5 acres of total impervious areas(not including public roads
created as a part of the development)may be required to provide on-site detention to address downstream
system capacity limitations, satisfy requirements of other jurisdictions, or mitigate local conditions which
preclude full discharge of stormwater.At a minimum, the following information will be required for City staff
review:
1. Calculations of the volume and rate of stormwater runoff prior to and following development, done
in conformance with City policy and the Storm Drainage Master Plan.
2. Identification of the closest public storm sewer or drainageway which will receive the runoff from the
development.
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City ofWoodburn 0TERAudit Report February ZlJ01
3. Calculations showing the peak flow rate of storm water which will be discharged to the public system
including any deleterious hydraulic impacts of stormwater runoff on downstream facilities (pipes,
culverts, ditches, etc.)^
According tothe City, or Portland Bureau of
Environmental'Services (BES) Stormwater Manual are acceptable standards for designing
stormvvaterdetention systems inWoodburn.
Summary ofContact:
After reading the supplied materials, a phone call on January 15, 2021,with Dago Garda, PE,Woodburn City
Engineer, provided an overview of the current stormwater drainage system. Based onthat conversation, vve
learned that one of the main challenges the City faces related to drainage is that the topography is very flat and
creates problems with positive drainage in conveyance, and that the storm system infrastructure was laid very
shallow, which can cause issues during repairs and upgrades. The City also has open channels for stormvvater
conveyance, some on or behind private properties. In ZUZU,the Mill Creek Regional Detention Facility was
completed. It's a large detention project built to address issues in the southwest corner of the City.
The City Engineer's office continues to use Chapters 7/11 as their stormwater guidance/policy.They also have
data management systems in place such as asset management and GIS program totrack capital projects and
maintenance work.The Engineering and Maintenance groups work together to develop their"wish list" capital
plans that are eventually included in an annual financial report.
The City Engineer also confirmed that single family and multifamily development permits are not currently being
denied due to deficiencies in the stormvvaterdrainage system.
Summary offindings
The City Engineer described examples ofproblem areas and capital improvement projects that were recently
completed. Also, the City described their record keeping such astheir asset management program, GIS
mapping, and C|P project lists.These types of information can be analyzed fora future stormvvater management
planning and capital program development to address current issues and preemptively avoid future issues.
The City Engineer confirmed that building permits for single family and middle housing continue to be issued.
The City also confirmed itdirects developers and builders to CWS and BESstormvvater management guidelines
and requirements to ensure that detention systems are installed.
The City Engineer conveyed that there are plans to update the stormvvaterdrainage plan in the next year.
Specifically, in comparison with the infrastructure thresholds established in OAR Division 46 (|BTER rules),the
following conclusions related tostormvvater infrastructure were made:
0 (2)(a)— Lack ofStormvvater Infrastructure
Based on a conversation with the City Engineer, middle housing would primarily be built in
already developed areas.There was no indication that there is a lack of storm drainage
infrastructure in these areas. Therefore, we assume lack ofstormvvater infrastructure is not an
issue that would be impacted by middle housing development in Woodburn.
0 (Z)(b) Downstream StormvvaterConveyance System Deficiency
Information on the presence or extent of any severe conveyance deficiencies was not provided
by the City. Secondly, in Chapter 11, Section 6,the City's requirements for accounting for
downstream conveyance isclearly stated. The City Engineer confirmed this chapter isstill being
utilized and therefore vveassume this standard continues to be met. We also conclude that any
present conveyance deficiencies are not severe enough to halt development, single family or
middle housing orother, and so do not warrant an |BTER.
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City of Woodburn IBTER Audit Report February 22, 2021
SANITARY SEWER
Infrastructure Specific Overview
The City of Woodburn's (City)wastewater infrastructure was audited to determine what, if any,facilities within
the City's urban growth boundary(UGB)would be impacted by the implementation of middle housing in areas
zoned for single family residential.This audit was based on a review of wastewater infrastructure owned and
operated by the City. Specifically, the audit was accomplished by reviewing existing master plans and discussions
with City staff. Ultimately it was concluded that middle housing is unlikely to create measurable impacts to the
overall capacity of the wastewater infrastructure.
Documents/Information Reviewed
The following resources were used to complete the audit of wastewater infrastructure:
■ 2010 Wastewater Facilities Plan and associated Capital Improvement Plan (CIP)
■ City of Woodburn GIS system
■ Middle Housing Project Plan
■ City of Woodburn Comprehensive Plan
■ Video conference interview with Eric Liljequist, Curtis Stultz, Dago Garcia, and Byron Brooks
Summary of findings
A sewer-based time extension request on the allowance of middle housing types, as permitted under OAR 660-
046-0340, is justifiable under the following conditions:
A significant infrastructure deficiency in localized(not citywide)sanitary sewer service that results in
unacceptable service levels for sewer services. For example, exceeding the capacity of existing
infrastructure within a sanitary sewer system.
Wastewater infrastructure serving the City of Woodburn includes gravity collection, pumped conveyance
systems, and a wastewater treatment plant (WWTP).The capacity and condition of these facilities were
considered in the audit.The City's CIP identifies projects that are needed to improve system performance and,
in some cases, increase capacity. Many of these projects are listed in the current Wastewater Facilities Plan
while others have been added to the CIP since the facility plan was published. Our review of existing
documentation and discussions with City staff identified four projects that are high on the City's priority list.
Those projects are listed below.
1. Mill Creek Pipeline.
2. Stevens Pump Station and Force Main.
3. Front Street Pipeline Replacement.
4. Woodland Avenue Pipeline.
It is our understanding that each of these will address capacity as an aspect of the project. However, each is
operable under current conditions.The addition of middle housing is not anticipated to create an unacceptable
level of service for the sewer system.
A localized(not citywide)combined sewer/stormwater system that will exceed capacity as a result of
new middle housing units.As further justification the local government shall demonstrate how it would
mitigate the deficiency with respect to wastewater capacity and stormwater controls, if both aspects
would not meet acceptable service levels. In this case, the local government shall include descriptions
and justifications for the IBTER consistent with the requirements for each of the infrastructure types.
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City of Woodburn IBTER Audit Report February 22, 2021
The City of Woodburn does not have a combined sewer/stormwater system; therefore, this threshold does not
apply.
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City of Woodburn IBTER Audit Report February 22, 2021
WATER
Infrastructure Specific Overview
The City of Woodburn's (City)water infrastructure was audited to determine what, if any,facilities within the
City's urban growth boundary(UGB)would be impacted by the implementation of middle housing in areas
zoned for single family residential.This audit was based on a review of water infrastructure owned and operated
by the City. Specifically, the audit was accomplished by reviewing existing master plans and discussions with City
staff. Ultimately it was concluded that middle housing is unlikely to create measurable impacts to the overall
capacity of the water infrastructure.
Documents/Information Reviewed
The following resources were used to complete the audit of water infrastructure:
■ 2018 Water System Master Plan (WSMP) and associated Capital Improvement Plan (CIP)
■ City of Woodburn GIS system
■ Middle Housing Project Plan
■ City of Woodburn Comprehensive Plan
■ Video conference interview with Eric Liljequist, Curtis Stultz, Dago Garcia, and Byron Brooks
Summary of findings
A water-based time extension request on the allowance of middle housing types, as permitted under OAR 660-
046-0340, is justifiable under the following condition:
A significant infrastructure deficiency in localized(not citywide) water service that results in
unacceptable service levels for water services. For example, maintaining minimum water pressure in a
water system.
Water infrastructure serving the City of Woodburn includes transmission pipelines, pump stations, storage
reservoirs and treatment systems.The capacity and condition of these facilities were considered in the audit.
While there are required upgrades noted in the current Water System Master Plan, current capacity is being met
and the CIP accounts for planned improvements.There do not appear to be any portions of the existing water
system where minimum levels of service are not being met.
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110
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CITY OF WOODBURN
Economic and Development Services Department
MEMORANDUM
270 Montgomery Street Woodburn, Oregon 97071 (503)982-5246
Date: March 1, 2021
To: Chris Kerr, Community Development Director
From: Ted Cuno, Building Divisione--O�-b-,��
Subject: Building Activity for February 2021
2019 2020 2021
No. Dollar Amount No. Dollar Amount No. Dollar Amount
Single-Family Residential 3 $380,012 0 $0 23 $5,913,459
Multi-Family Residential 0 $0 0 $0 0 $0
Assisted Living Facilities 0 $0 0 $0 0 $0
Residential Adds &Alts 3 $69,410 1 $3,000 3 $64,068
Industrial 0 $0 0 $0 0 $0
Commercial 5 $496,620 3 $460,574 2 $105,041
Signs and Fences 0 $0 0 $0 0 $0
Manufactured Homes 0 $0 0 $0 0 $0
TOTALS 11 $946,042 4 $463,574 28 $6,082,568
Fiscal Year to Date (July 1 — $27,062,727 $15,018,651 $29,879,984
June 30
IACommunity Development\BuiIding\Building Activity\B1dgAct-2020\memo-2021-2 February.doc
112
WOODBURN BUILDING DEPARTMENT
270 Montgomery Street
Permits Issued Woodbum,OR 97071
503-982-5246
WOODBURNFAX:503-980-2496
2/1/2021 through 2/28/2021
www.d.woodburn.or.us Includes all valuations building.dept@d.woodburn.or.us
Record
�rTypes Selected: -All-
'!-FIRE
AII- riiF�I`{
IVIY„ {IIrIGfY!,iII� '�1,�.fI
971-20-000534-FIRE Issued: 2/26/21 Fees: $731.28 Valuation: $16,200.00
Address: 1785 N FRONT ST,WOODBURN,OR 97071 Parcel: OS1W07A 00600
Owner: WOODBURN SCHOOL DISTRICT 103
Licensed Prof:
Category of Construction: Commercial Type of Work: Addition
Work Description: Addition of addressable fire alarm system in new classroom building and CTE building at Woodburn High School
Commercial Alarm or Suppression Systems i permits issued $731.28 $16,200.00
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MW
MMMU
Permits Issued: Page 2 of 13 W971-21-000055-MECH Issued:"2/22121` Fees: $237.30 Valuatlon: $5,000.00
Address: 1785 N FRONT ST,WOODBURN,OR 97071 Parcel: 051W07A 00600
Owner: WOODBURN SCHOOL DISTRICT 103 WOODBURN HIGH SCHOOL
Licensed Prof:
Category of Construction: Commercial Type of Work: New
Work Description: Install Gas Piping Per Plans
971-21-000064-MECH Issued: 2/8/21 Fees: $2,168.34 Valuation:` $125,000.00
Address: 1800 W HAYES ST,WOODBURN,OR 97071 Parcel: 052W 12DD06300
Owner: WOODBURN SCHOOL DISTRICT 103 NELLIE MUIR ELEMENTARY SCHOOL
Licensed Prof:
Category of Construction: Commercial Type of Work: Addition
Work Description: Mechanical system for an additional 4 classrooms at Elementary School.
971-21-000065-MECH Issued: 2/25/21 Fees: $465.55 valuation:'' $12,120.00
Address: 970 N CASCADE DR,UNIT#100,WOODBURN,OR 97071 Parcel: 052W12DA01700
Owner: CITY OF WOODBURN
Licensed Prof:
Category of Construction: Commercial Type of Work: Replacement
Work Description: LIKE FOR LIKE REPLACEMENT GAS FURNACE 60K BTU,OF 2 TON A/C,AND 1.57FON HEATPUMP
Commercial Mechanical 3 permits issued $2,911.19 $142,120.00
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Permits Issued: Page 3 of 13
971-21-000087-STR Issued: 2/10/21 Fees: $1,923.46 valuation: $104;000.00
Address: 1785 N FRONT ST,WOODBURN,OR 97071 Parcel: 051W07A 00600
Owner: WOODBURN SCHOOL DISTRICT 103 WOODBURN HIGH SCHOOL
Licensed Prof:
Category of Construction: Accessory Structure Type of Work: New
Work Description: Enclosure of the dust collecting system used for the new CTE shop.Enclosure is located in the new courtyard of the project.
971-21-000072-STR Issued., 2/18/21 Fees: $206.70 Valuation, $1,041.00
Address: 2600 PROGRESS WAY,WOODBURN,OR 97071 Parcel: 051W08A 02500
Owner, BURLINGHAM TRUST INC C/O RON PETERS
Licensed Prof:
Category of Construction: Commercial Type of Work: Repair
Work Description: Repair Small Area in the wall that the fire caused damage to.Affected one stud and one plate.
Commercial Structural 2 permits issued $2,130.18 $105,041.00
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Permits Issued: Page 4 of 13
971-20-000590-DWL Issued: 2123121 Fees: $15,442.89 Valuation: $205,609.65
Address: 2525 Ben Brown DR,Woodburn,OR 97071 Parcel: 052W130000108
Owner: SMITH CREEK LLC
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: Smith Creek Lot 10
971-20-000591-DWL Issued:`'2/23/21 Fees: $16,099.41 Valuation: $235,877.58
Address: 1918 Ben Brown LN,Woodburn,OR 97071 Parcel: 052W130000108
Owner: SMITH CREEK LLC
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: Smith Creek Lot 119
971-20-000592-DWG Issued: '2/23/21 Fees: $16,427.28 Valuation: $252,742.65
Address: 1932 Ben Brown LN,Woodburn,OR 97071 Parcel: 052W130000108
Owner: SMITH CREEK LLC
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work. New
Work Description: Smith Creek Lot 120
971-21-000004-DWL Issued. 2/23/21 Fees: $17,507.82 Valuation: ` $307,196.10
Address: 1945 Ben Brown LN,Woodburn,OR 97071 Parcel: 052W 130000108
Owner: SMITH CREEK LLC
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: Smith Creek Lot 58
000
Address: 11 65 Ben Brown LN,Woodburn,OR 97071 Issued: 2J23f21; Parcel: 052W130000108692.54 Valuation: $266,943.09
Owner: SMITH CREEK LLC
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: Smith Creek Lot 59
971-21-000008-DWL Issued: '2/23/21 Fees: $17,677.69 Valuation: $328;000.00
Address: 1787 Ben Brown LN,Woodburn,OR 97071 Parcel: 052W130000108
Owner: SMITH CREEK LLC
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: Smith Creek Lot 60
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Permits Issued: Page 5 of 13
971-21-000007-DWL Issued:`2123/21 Fees: $16,701.04- Valuation: $267;184.59
Address: 1751 Ben Brown LN,Woodburn,OR 97071 Parcel: 052WI30000106
Owner: SMITH CREEK LLC
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: Smith Creek Lot 61
971-21-000008-DWL Issued: 2/23/21 t Fees: $16,286.27 Valuation:- $258;000.00
Address: 1810 Ben Brown LN,Woodburn,OR 97071 Parcel: 052W 130000108
Owner: SMITH CREEK LLC
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: Smith Creek Lot 117
971-21-000009-DWL Issued., 2/23/21: Fees: $15,071.78 Valuation: $253,008.30
Address: 1818 Ben Brown LN,Woodburn,OR 97071 Parcel: 052W130000108
Owner: SMITH CREEK LLC
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: Smith Creek Lot 118
971-21-000030-DWL Issued: 2/23/21 Fees: $16,214.81 Valuation: $243,994.98
Address: 2515 Ben Brown DR,Woodburn,OR 97071 Parcel: 052W130000108
Owner: SMITH CREEK LLC
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: Smith Creek Lot 11 NSFR 1798
971-21-000031-DWL Issued: '2/23/21 Fees: $15,442.89 Valuation: $205;609.65
Address: 2505 Ben Brown DR,Woodburn,OR 97071 Parcel: 052W130000108
Owner: SMITH CREEK LLC
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: Smith Creek Lot 12 NSFR 1495
971-21-000032-DWL Issued: 2/23/21 Fees: $15,758.14 Valuation: ` $220,489.50
Address: 2493 Ben Brown DR,Woodburn,OR 97071 Parcel: 052W130000108
Owner: SMITH CREEK LLC
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: Smith Creek Lot 13 NSFR 1610
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Permits Issued: Page 6 of 13
97i-21-000039-DWL Issued: 2/23/21 Fees: $15,892.13 Valuation: $227;162.61
Address: 2254 Ben Brown DR,Woodburn,11 97071 Parcel: 052W130000108
Owner: SMITH CREEK LLC
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: Smith Creek Lot 34 NSFR 1671
971-21-000040-DWL Issued 2/23/21 Fees: $16,223,30 Valuation: $244,598.73
Address: 2502 Ben Brown DR,Woodburn,OR 97071 Parcel: 052W130000108
Owner: SMITH CREEK LLC
Licensed Prof:
,Category of Construction: Single Family Dwelling Type of Work: New
Work Description: Smith Creek Lot 141 NSFR 1798
971-21-000041-DWL Issued: 2/23/21 fees: $17,789.61 Valuation: $307,327.11
Address: 796 Ostrom DR,Woodburn,OR 97071 Parcel: 052WI30000100
Owner: SMITH CREEK 2 LLC
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: NSFR
971-21-000042-DWL Issued: 2/23/21 Fees: $16,71777 Valuation: ' $262,827.54
Address: 754 Ostrom DR,Woodburn,OR 97071 Parcel: 052WI30000100
Owner: SMITH CREEK 2 LLC
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: NSFR
971-21-000043-DWL Issued::2/22/21 ' Fees: $15,902.23 Valuation: $223,374.24
Address: 712 Ostrom DR,Woodburn,OR 97071 Parcel: 052W130000100
Owner: SMITH CREEK 2 LLC
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: NSFR
971-21-000044-DWL Issued:`.2/23/21; Fees: $17,789.61 Valuation: $307,327.11
Address: 795 Ben Brown LN,Woodburn,OR 97071 Parcel: 052WI30000100
Owner: SMITH CREEK 2 LLC
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: NSFR
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Permits Issued: Page 7 of 13
971-21-000045-DWL Issuede' 2J23J21- Fees: $16,397.34 Valuation:' $243,660.30
Address: 701 Ostrom DR,Woodburn 11 97071 Parcel. 052W 130000100
Owner: SMITH CREEK 2 LLC
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: NSFR
971-21-004047-DWL Issued: 2/23/21 Fees, $15,507.16 Valuation:'% $272,970.54
Address: 713 Ben Brown LN,Woodburn,OR 97071 Parcel: 052W130000100
Owner: SMITH CREEK 2 LLC ,
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: NSFR
971-21-000048-DWL Issued:- 2/23/21 Fees: $16,454.28 Valuation: $253,706.70
Address: 749 Ben Brown LN,Woodburn,OR 97071 Parcel: 052W130000100
Owner: SMITH CREEK 2 LLC
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: NSFR
971-21-000049-DWL Issued:; 2/23/21` Fees: $16,745.77 Valuation: $262,875.84
Address: 667 Ostrom DR,Woodburn,OR 97071 Parcel: 052W130000100
Owner: SMITH CREEK 2 LLC
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: NSFR
971-21-000050-DWL Issued:' 2/23/21 Fees: $16,717.77 Valuation: $262,972.44
Address: 743 Ostrom DR,Woodburn,OR 97071 Parcel: 052W130000100
Owner: SMITH CREEK 2 LLC `
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: NSFR
Residential 1&2 Fam Dwelling(New Only)Limited 23 permits issued $377,439.53 $5,913,459.25
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Permits Issued: Page B of 13
971-21-000051-MECH Issued: 2/1/21 Fees: $100.80 Valuation: $3,742.00
Address: 2743 FAIRWAY ST,WOODBURN,OR 97071 Parcel: 051W06CD03000
Owner: HANK WERNER&HOLLY THAU TR&WERNER,HENRY W TRE&THAU,HOLLY R TRE
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Alteration
Work Description: INSTALL GF
971-21-000052-MECH Issued: 2/1/21 Fees, $100.80 Valuation: $10,451.00
Address: 757 FAIRWOOD CRESCENT DR,WOODBURN,OR 97071 Parcel:
Owner:
Licensed Prof,
Category of Construction: Single Family Dwelling Type of Work: Alteration
Work Description: Install gas furnace and air conditioner
971-21-000056-MECH Issued, 2/2121 Fees: $100.80 valuation: < $11,983.00
Address: 255 S CASCADE DR,WOODBURN,OR 97071 Parcel: 052W 12DD04600
Owner: SUSAN M MCBRIDE LT 50%&MCBRIDE,SUSAN M TRE&JAMES L MCBRIDE LT 50%
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Alteration
Work Description: Install Air Handler and Heat Pump
971-21-000057-MECH Issued: 2/2/21 Fees, $100.80 Valuation: $900.00
Address: 1999 JANSEN WAY 00,WOODBURN,OR 97071 Parcel:
Owner:
Licensed Prof:
Category of Construction: Manufactured Dwelling Type of Work: Alteration
Work Description: Replace bathroom fan.
971-21-000058-MECH Issued: 2/2/21 Fees: $100.80 Valuation: $6,800.00
Address: 425 S CASCADE DR,WOODBURN,OR 97071 Parcel: 052W12DD03900
Owner: GAINER,SHARON L
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Replacement
Work Description: Replacement of a Heat Pump
971-21-000068-MECH Issued:'2/5/21 Fees: $280.00 Valuation: $0.00
Address: 1575 TOMLIN AVE,WOODBURN,OR 97071 Parcel: 05IW17BDO4900
Owner: ARMSTRONG,KAREN A
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Alteration
Work Description: Install 1 gas furnace.Install ducting servicing 3 bathrooms,1 dryer vent,1 kitchen hood exhaust.Install 3 gas lines servicing 1
furnace, 1 range,1 water heater.Install 1 tankless water heater.
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Permits Issued: Page 9 of 13
MMMMMM
971-21-000069-MECH Issued:,2/8/21 Fees: $100.80 Valuation: $10,000,00
Address: 2213 COUNTRY CLUB RD,WOODBURN,OR 97071 Parcel: 052W 12AC05200
Owner: PLAZA CENTER LLC
Licensed Prof:
Category of Construction: Other Type of Work: New
Work Description: New HVAC system
971-21-000071-MECH Issued:-2/8/21 Fees: $100.80 Valuation:" $16,377,00
Address: 1237 GOOSE CREEK RD,WOODBURN,OR 97071 Parcel: 051W07BD01300
Owner: JON&HEATHER HOLLAND RT&HOLLAND,JON B TRE&HOLLAND,HEATHER L TRE
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Alteration
Work Description: Install Gas Furnace and Air conditioner
971-21-000074-MECH Issued: 2/10/21 fees: $100.80 Valuation: $0.00
Address: 1028 BROWN ST,WOODBURN,OR 97071 Parcel: OSIW18CA21900
Owner: PERKETT,AARON&MEISENHEIMER,KATELYN
Licensed Prof: MELTON HEATING&AIR CONDITIONING INC
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: Install air conditioner
971-21-000075-MECH Issued: 2/9/21 Fees: $100.80 Valuation: $4,161.00
Address: 1590 TIERRA LYNN DR,WOODBURN,OR 97071 Parcel: 051W08CA01000
Owner: HAMMILL,MARGARET E
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Alteration Census Code: Single Family Houses Detached
Work Description: Install GF
971-21-000077-MECH Issued: 2/11/21 Fees: $100,80 Valuation: $4,500.00
Address: 1825 HARDCASTLE AVE,WOODBURN,OR 97071 Parcel: 051W08DC03400
Owner: GRASSHAM TIMOTHY A GRASSHAM WENDI S
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Addition
Work Description: install gas insert
971-21-000082-MECH Issued: 2/11/21 Fees: $100.80 Valuation: $8;012.00
Address: 400 WORKMAN DR,WOODBURN,OR 97071 Parcel: 051W18BB08200
Owner: PREDEEK JAMES BERNARD PREDEEK GLORIA
Licensed Prof:
Category of Construction, Single Family Dwelling Type of Work: Alteration
Work Description: Install Gas Furnace
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Permits Issued: Page 10 of 13
971-21-000083-MECH Issued:'` 2/12/21 Fees: $x00.80 valuation:' $10;784.16
Address. 1257 BE
DR,WOODBURN,OR 97071 Parcel: 051W07
6D03700
Owner: COLYER JEREMY A COLYER CINDY]
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Replacement
Work Description: install furnace and ac
971-21-000084-MECH Issued. 2/12/21" Fees: $100.80 Valuation $1,469.00
Address: 2569 GRAYSTONE DR,WOODBURN,OR 97071 Parcel: 051W07AA05000
Owner: BRAMMEIER JUSTUS FRANKLIN BRAMMEIERHEATHER ANN
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Replacement
Work Description: Remove/replace gas water heater
971-21-000094-MECH Issued: 2/16/21 Fees: $100.80 Valuation $8;793.00
Address: 85 WORKMAN DR,WOODBURN,OR 97071 Parcel: 051W18BB02100
Owner: LEON JOHN JOANN EHRENS LT EHRENS LEON JOHN TRE EHRENSJOANN TRE
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Alteration
Work Description: Install Gas Furnace
971-21-000103-MECH Issued: 2/18/21' Fees: $100.80 Valuation:, $15,486.00
Address: 767 CORBY ST,WOODBURN,OR 97071 Parcel: 051W07DC11200
Owner: MCKASSON REBECCA L
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Alteration
Work Description: Install Furnace/AC
971-21-000104-MECH Issued, 2/18/21'; Fees: $100.80 Valuation: $3,876.00
Address: 2803 REVERE ST,WOODBURN,OR 97071 Parcel: 051W06CD10500
Owner: CORTES JOSE GIRON GUZMANERIKA JACUINDE
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Alteration
Work Description: Install Gas Furnace
971-21-000105-MECH Issued:l 2/19/21 Fees: $100.80 Valuation:< $10,853.00
Address: 1769 SALLAL RD,WOODBURN,OR 97071 Parcel: 052W12AA12900
Owner: VAN WINKLE KAREN I
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Alteration
Work Description: INSTALL GAS FURNACE AND A/C
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Permits Issued: Page 11 of 13
971-21-b00108-MECH
�I-.ed:;;2/19j21 Fees: $100.80Valu $14,484.00ddress: 2575 BOSTON STWOODBURNOR970Parcel: 051W07BA13800
Owner: PANTOJA-RAMIREZ MONSERRATA MADDEN PATRICK MADDEN KIMBERLY
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Alteration
Work Description: Installing Gas furnace and AC
971-21-000109-MECH Issued: 2/19/21' Fees: $100.80 Valuation: $10,716.00
Address: 1163 GOOSE CREEK RD,WOODBURN,OR 97071 Parcel: 051W07BD00800
Owner: BARR WILLIAMS BARR MARY
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Alteration
Work Description: Installing GF and AC
971-21-000110-MECH Issued: ;2/22/21 Fees: $100.80 Valuation:= $12,000.00
Address: 3177 CAMAS ST,WOODBURN,OR 97071 Parcel: 052W12BC00700
Owner: SMITH MARTHA B MACK CORA MARIE
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Alteration
Work Description: INSTALL AH/HP
971-21-000111-MECH Issued: 2/22/21 Fees: $100.80 Valuation: $5,138.00
Address: 838 MEADOWVALE LN,WOODBURN,OR 97071 Parcel: 05IW18DBOB600
Owner: BROWN SHANA A BROWN JUSTIN W
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Alteration
Work Description: Install Gas Furnace
971-21-000112-MECH issued: '2/22121,' Fees: $100.80 Valuation: $6,497.00
Address: 1025 STARK ST,WOODBURN,OR 97071 Parcel: 051W18DA05900
Owner: WEISS HARRY L WEISS DEBORAH L
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Alteration
Work Description: Gas Insert&Gas Line
971-21-000113-MECH ; Issued: '2/23/21; Fees: $100.80 Valuation: $5,701..00
Address: 1341 AUSTIN AVE,WOODBURN,OR 97071 Parcel: OSIW07CC11500
Owner: JAMES DEREK C JAMES DOROTHY M
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Alteration
Work Description: Install gas Furnace
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Permits Issued: Page 12 of 13
-MENMW
EMM
971-21-000114-MECH Issued: 2123121 Fees: $100.80 Valuation: $4,224.00
Address: 1619 THOMPSON RD,WOODBURN,OR 97071 Parcel: 051W07BB07400
Owner: ECKDAHL LON ECKDAHL DIANA
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Alteration
Work Description: Gas Insert&Gas Line
971-21-000129-MECH Issued: 2/26/21' Fees: $100.80 Valuation: $2;500.00
Address: 1594 WALTON WAY,WOODBURN,OR 97071 Parcel: 051W07BB19300
Owner: HALBRITTER ELIZABETH A
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Alteration
Work Description: Install gas furnace
Residential Mechanical 26 permits issued $2,800.00 $189,447.16
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Permits Issued:
Page 13 of 13
971-21-000062-STR Issued: 2/26/21 ' Fees: $1,517.52 Valuation: $53,882.40
Address: 1140 KOFFLER AVE,WOODBURN,OR 97071 Parcel: 051W08CCO2700
Owner: GIRON,ROSALINDA G
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Addition
Work Description: 440 sq.ft.addition
971-21-000093-STR Issued: 2/19/21 ' Fees: $336.00 Valuation: $2,841.93
Address: 1439 ASTOR WAY,WOODBURN,OR 97071 Parcel: 05IW07BB16300
Owner: BUSCHERT DARWIN J BUSCHERT SUZANNE F
Licensed Prof:
Category of Construction: Other Type of Work: Alteration
Work Description: INSTALLATION OF UTILITY INTERACTIVE PHOTOVOLTAIC SOLAR SYSTEM
3.15 kW DC PHOTOVOLTAIC SOLAR ARRAY
ROOF TYPE:Comp Shingle
MODULES:(10)JinKO Solar Eagle JKM 315M-60HL
INVERTER(S): Enphase IQ7-60-2-US,----
RACKING: Unirac SFM Infinity
971-21-000106-5TR Issued: 2/19/21`< Fees: $336.00 Valuation: $7,344.00
Address: 1393 AUTUMN BLVD,WOODBURN,OR 97071 Parcel: 051W18CC10700
Owner: MORRIS WILLIAM MORRIS KAREN
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Other
Work Description: Installation of solar panels on existing residential roof.6.12kW
Residential Structural 3 permits issued $2,189.52 $64,068.33
58 permits issued $388,201.70 $6,430,335.74
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COUNCIL MEETING MINUTES
MARCH 8, 2021
DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, MARCH 8, 2021
CONVENED The meeting convened at 7:00 p.m. with Mayor Swenson presiding.
ROLL CALL
Mayor Swenson Present-via video conferencing
Councilor Carney Present-via video conferencing
Councilor Cornwell Present-via video conferencing
Councilor Schaub Present-via video conferencing
Councilor Swanson Present-via video conferencing
Councilor Puente Present-via video conferencing
Councilor Cabrales Present-via video conferencing
Staff Present (via video conferencing): City Administrator Derickson, City Attorney Shields,
Economic Development Director Johnk, Deputy Police Chief Pilcher, Community Development
Director Kerr,Public Works Project and Engineering Director Liljequist,Finance Director Turley,
Human Resources Director Gregg, Senior Planner Cortez,Parks and Recreation Manager Cuomo,
Associate Planner Handel, City Recorder Pierson
PRESENTATIONS
Recognition of Chief Ferraris — Chief Ferraris was recognized for his service to the city of
Woodburn and congratulated on his retirement.
COVID-19 Update - Parks and Recreation Manager Cuomo provided an update on the COVID-
19 response in Woodburn.
Comcast Franchise— Assistant City Attorney Granum, Tim Goodman with Comcast, and Reba
Crocker with ROW Consultants provided information on the proposed Cable Television Franchise
with Comcast
BUSINESS FROM THE PUBLIC
Hailey Hulsey with Home Youth Resource Center in Salem reached out to the City Council to let
them know they have resources to help houseless youth in Marion County.
CONSENT AGENDA
A. Woodburn City Council minutes of February 8, 2021,
B. Woodburn City Council Meeting minutes of February 22, 2021,
C. Building Activity for February 2021,
D�. Crime Statistic for January 2021.
Carney/Cabrales...adopt the Consent Agenda. The motion passed unanimously.
PUBLIC HEARINGS
A. Continuance of Council Hearing of Annexation of Approximately 8.62 Acres of Territory
Known as the Ivanov Property at 2145 Molalla Rd NE (ANX 2019-01) and Approval of
Related Land Use Applications for Development into the Woodburn Eastside
Apartments
Page 1 - Council Meeting Minutes, March 8, 2021
126
COUNCIL MEETING MINUTES
MARCH 8, 2021
Continuance of the Public Hearing to consider input on an annexation of approximately 8.62
acres of territory known as the Ivanov Property at 2145 Molalla Rd NE (ANX 2019-01) and
approval of related land use applications for development into the Woodburn Eastside
Apartments. Mayor Swenson declared the hearing open at 8:24 p.m. for the purpose of hearing
public input on an annexation of approximately 8.62 acres of territory known as the Ivanov
Property at 2145 Molalla Rd NE(ANX 2019-01) and approval of related land use applications
for development into the Woodburn Eastside Apartments. Mayor Swenson asked if there were
any declarations from the Council. City Recorder Pierson read the public hearing statement.
Community Development Director Kerr provided a staff report. Mark Grenz provided
testimony on the application. Tegan Enloe,with Enloe Consulting provided information on the
questions that City Council raised in regards to traffic in that area. No members of the public
wished to speak in either support or opposition of the annexation of approximately 8.62 acres
of territory known as the Ivanov Property at 2145 Molalla Rd NE(ANX 2019-01)and approval
of related land use applications for development into the Woodburn Eastside Apartments.
There was discussion by the Council to have a condition that outlines the requirement for the
turn for the new driveway off the Safeway property to be agreed to. Mayor Swenson closed
the hearing at 9:05 p.m. Carney/Schaub... tentatively approve the annexation associated with
the land use application and the condition that was set forth during our discussions tonight. On
roll call vote the motion passed unanimously.
B. Continuance of Public Hearing for ANX 2020-04 & ZC 2020-03 "SWIR Annexation -
Weisz Properties"
A Public Hearing to consider input on ANX 2020-04 & ZC 2020-03 "SWIR Annexation -
Weisz Properties". Mayor Swenson declared the hearing open at 9:15 p.m. for the purpose of
hearing public input on ANX 2020-04 &ZC 2020-03 "SWIR Annexation-Weisz Properties".
Mayor Swenson asked if there were any declarations from the Council. City Recorder Pierson
read the public hearing statement. Associate Planner Handel provided a staff report. Lee
Leighton, with Mackenzie,provided testimony on behalf of the applicant. No members of the
public wished to speak in either support or opposition of the ANX 2020-04 & ZC 2020-03
"SWIR Annexation - Weisz Properties". Mayor Swenson closed the hearing at 9:30 p.m.
Carney/Schaub... tentatively approve the annexation and associated annexation of the Weisz
property. On roll call vote the motion passed unanimously.
C. 2019 Community Development Block Grant (CDBG) from Business Oregon for the
Woodburn Family Resource Center Closeout
A Public Hearing to consider input on a 2019 Community Development Block Grant(CDBG)
from Business Oregon for the Woodburn Family Resource Center Closeout. Mayor Swenson
declared the hearing open at 9:32 p.m. for the purpose of hearing public input on a 2019
Community Development Block Grant (CDBG) from Business Oregon for the Woodburn
Family Resource Center Closeout. Economic Development Director Johnk provided a staff
report. No members of the public wished to speak in either support or opposition of 2019
Community Development Block Grant (CDBG) from Business Oregon for the Woodburn
Family Resource Center Closeout. Mayor Swenson closed the hearing at 9:40 p.m.
Carney/Schaub... approve the closeout of the Woodburn Family Resource Center Project.
The motion passed unanimously.
D. 2020 Community Development Block Grant COVID-19 (CDBG-CV1) from Business
Oregon for Food Bank Assistance & Broadband/Internet Distance Learning Assistance
due to Impacts of the COVID-19 Pandemic
A Public Hearing to consider input on a 2020 Community Development Block Grant COVID-
19 (CDBG-CV1) from Business Oregon for Food Bank Assistance & Broadband/Internet
Page 2 - Council Meeting Minutes, March 8, 2021
127
COUNCIL MEETING MINUTES
MARCH 8, 2021
Distance Learning Assistance due to Impacts of the COVID-19 Pandemic. Mayor Swenson
declared the hearing open at 9:43 p.m. for the purpose of hearing public input on a 2020
Community Development Block Grant COVID-19 (CDBG-CV1) from Business Oregon for
Food Bank Assistance& Broadband/Internet Distance Learning Assistance due to Impacts of
the COVID-19 Pandemic. Economic Development Director Johnk provided a staff report.
Councilor's Puente and Cabrales stated that they may have a conflict of interest. No members
of the public wished to speak in either support or opposition of 2020 Community
Development Block Grant COVID-19 (CDBG-CV1) from Business Oregon for Food Bank
Assistance & Broadband/Internet Distance Learning Assistance due to Impacts of the
COVID-19 Pandemic. Mayor Swenson closed the hearing at 10:04 p.m. Carney/Swanson...
approve the 2020 Community Development Block Grant COVID-19 (CDBG-CV1) from
Business Oregon for Food Bank Assistance & Broadband/Internet Distance Learning
Assistance due to Impacts of the COVID-19 Pandemic. The motion passed unanimously.
CITY COUNCIL FY 2021-23 GOALS
City Administrator Derickson provided a staff report. Carney/Cornwell... adopt the goals as
written with the stipulation that the additions that have been articulated by Scott and others that
may emerge are discussed at our next meeting with the intention to create final wording. The
motion passed unanimously.
CITY ADMINISTRATOR'S REPORT
The City Administrator spoke on the cost impacts of the recent ice storm which add up to around
1.1 million dollars. Councilors may see a supplemental budget in the future to move some money
out of contingency reserves to help cover those costs.
MAYOR AND COUNCIL REPORTS
The Council had nothing to report.
ADJOURNMENT
Carney/Swanson... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 10:37p.m.
APPROVED
ERIC SWENSON, MAYOR
ATTEST
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 3 - Council Meeting Minutes, March 8, 2021
128
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March 22, 2021
TO: Honorable Mayor and Council through City Administrator
FROM: Anthony Turley, Finance Director
SUBJECT: FY 2020-2021 Supplemental Budget Request for Acceptance of
Grant Awards for Community Development Block Grant (CDBG)
and Cares Act Emergency Rental Assistance Grant Funds and the
Appropriation Authority for Expending the Grant Revenue for their
Approved Purposes.
RECOMMENDATION:
Adopt the Resolution authorizing $450,000 additional grant revenue and
appropriation authority to Operating Expenses in the General Fund.
BACKGROUND:
Every year, after Council budget adoption, circumstances arise that were
either unforeseen, unquantifiable, or discovered as errors. Oregon Budget Law,
ORS 294.471 (1 ) provides for changes to adopted budgets through a transfer
resolution or supplemental budget process that notices the proposed changes.
Transfers in excess of 15 percent of any fund's total expenditures, or
supplemental budget changes in excess of 10 percent of any fund's total
expenditures, require a public hearing to accept public testimony on the item
under consideration.
Like the adopted budget, supplemental budget requests must be balanced;
in other words, net revenue and net expense for the request must be equal.
This can be accomplished by budgeting additional revenue or by reducing
another expenditure category (such as contingencies).
DISCUSSION:
The City of Woodburn has received a CDBG/Cares Act grant through the State
of Oregon for $450,000. This additional revenue was not anticipated when the
budget was adopted. This grant is intended to assist the community with rental
assistance due to the impact of the COVID-19 pandemic.
Agenda Item Review: City Administrator_x_City Attorney_x Finance—X-
129
Honorable Mayor and City Council
March 22, 2021
Page 2
FINANCIAL IMPACT:
If the resolution is approved, the following changes will be made:
SUMMARY OF PROPOSED BUDGET CHANGES
AMOUNTS SHOWN ARE REVISED TOTALS IN THOSE FUNDS BEING MODIFIED
General Fund 001
Resource Original Change Revised Requirement Original Change Revised
1 Revenue 18,969,220 450,000 19,419,220 Operating Expenses 18,969,220 450,000 19,419,220
2
Revised Total Fund Resources 19,419,220 Revised Total Fund Requirements 19,419,220
Comments: Federal Grant allocated to rental assistance&Business Oregon Grant Funds.
130
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March 22, 2021
TO: Honorable Mayor and City Council
FROM: Jim Row, Assistant City Administrator
McKenzie Granum, Assistant City Attorney
SUBJECT: Comcast Cable Television Franchise
RECOMMENDATION:
Enact the Ordinance granting a franchise to Comcast of Oregon I, Inc.
("Comcast"), allowing them to construct, operate, maintain, and provide wireline
cable television services within the City of Woodburn.
BACKGROUND:
In spring 2020, Comcast approached the City to discuss expanding its services to
the Woodburn community. At that time, the City did not have a cable television
franchise with Comcast, but expressed mutual interest in engaging in a franchise
negotiation process.
At the initial stages of discussions with Comcast, the City had also decided to
contract with consultant Reba Crocker of ROW Consultants LLC to assist with
updating the City's right-of-way ("ROW") management program. Given that
timing and the expertise that Ms. Crocker could bring to the negotiations of a new
cable franchise of this complexity, the City selected Ms. Crocker to negotiate on
behalf of the City with representatives from Comcast.
Through the negotiation process, the City needed to navigate a number of
concerns, such as how the franchise would be affected by the closure of
operations at WCAT (the Woodburn Community Access Television Channel), or
the impending expiration of the current franchise with cable provider WAVE in
2023; however, the thoughtfulness and attention to detail by the City's consultant
and representatives from Comcast is what resulted in the parties reaching a deal
in the form of the agreement being presented.
Agenda Item Review: City Administrator_x_ City Attorney x_ Finance—X-
131
Honorable Mayor and City Council
March 22, 2021
Page 2
Pending approval, Comcast anticipates initiating the construction of their
facilities following the April 1 , 2021 franchise effective date and expects their
services to be available to the public approximately 6-18 months later.
DISCUSSION:
The Franchise Agreement will grant Comcast the right to use the public ROW to
provide wireline cable television services. The initial agreement will be for a term
of five (5) years and is not exclusive, meaning the City reserves the right to grant
a similar franchise to another cable television provider pursuant to the
requirements of state and federal law.
Some of the specific details and highlights of the new franchise include:
• Term: The franchise will be valid for a five (5)-year term following the
effective date (April 1 , 2021 ), with an option for the parties to mutually
agree on a renewal of the franchise after affording the public adequate
notice and opportunity to comment.
• Franchise Fee: 5% of "gross revenues" as defined in the agreement (the
maximum percentage allowed by federal law and the same percentage
currently imposed under other competitive franchises). Compensation is
due from Comcast to the City on a quarterly basis.
• Construction-Related Provisions: Comcast will be responsible for obtaining
all necessary permits and providing the City with a construction schedule
for all work within the ROW. Additionally, Comcast agrees to work with other
providers/franchisees so as to reduce as far as possible the number of street
cuts and disruptions to the public. Comcast is also fully responsible for the
repair and restoration of streets, public ways, and grounds that may be
disturbed or otherwise damaged through build-out and construction.
• Future Annexations. As areas are annexed into the City, Comcast will
provide cable television services to all residences within the newly annexed
area, with services being provided contemporaneously with other utility
services or no more than sixty (60) days from first occupancy.
• Undergrounding: Comcast must install its cable system underground where
existing wireline cable service utilities are placed underground.
Additionally, Comcast agrees that it will, at no cost to the City, temporarily
or permanently remove, relocate, change or alter the position of any utility
132
Honorable Mayor and City Council
March 22, 2021
Page 3
facility within the ROW, including relocation of aerial facilities underground
where all wireline cable providers are being asked to relocate
underground.
• Comcast Identification: All Comcast personnel, contractors and
subcontractors contacting Subscribers or potential Subscribers outside the
office will wear a clearly visible identification card bearing their name and
photograph. Every service vehicle of Comcast and its contractors or
subcontractors will be clearly identified as such to the public. Specifically,
Comcast vehicles will have Grantee's logo plainly visible. The vehicles of
those contractors and subcontractors working for Comcast will have the
contractor's / subcontractor's name plus markings (such as a magnetic
door sign) indicating they are under contract to Comcast.
• Customer Service: Comcast will maintain a store within 20 miles of the city
limits, staffed 40-hours per week (at least 8 on weekends or evenings), for
purposes of accepting payments (including cash payments), exchanging
or accepting returned equipment, and responding to service inquiries.
Comcast will also maintain a toll-free number to receive subscriber
calls/inquiries, including a 24/7 line to receive reports of service
interruptions.
• Rates & Service Changes: All of Comcast's rates and charges will be
published (in the form of a publicly available rate card) and will be
nondiscriminatory as to all Persons and organizations of similar classes,
under similar circumstances and conditions. Comcast agrees that it will
provide reasonable notice to Subscribers and the City of any pricing
changes or additional changes (excluding sales discounts, new products
or offers) and, subject to the forgoing, any changes in Cable Services,
including Channel line-ups. Such notice must be given to Subscribers a
minimum of thirty (30) days in advance of such changes.
• PEG Access Channels: While the City is no longer operating a PEG Channel
(public, educational, or governmental access channel), if the City decided
to reactivate a PEG channel, then under certain advance
notification/triggering procedures, Comcast would make that channel(s)
available to all subscribers and additionally pay PEG support fees follows:
(i) a one-time fee in the amount of $20,000; (ii) quarterly fee of $2,250; and
(iii) fifteen cents ($0.15) per subscriber fee per month.
133
Honorable Mayor and City Council
March 22, 2021
Page 4
• Insurance & Bonding: The legal protections extended by Comcast through
a performance bond, liability insurance, and indemnification provisions
have been reviewed by the city attorney's office and been found to
adequately protect the City's interests arising from the operations of
Comcast.
FINANCIAL IMPACT:
The amount of franchise fees that would be generated from Comcast is
unknown at this time and would not be collected until the quarter following the
first date service would be available to the public.
Compensation for use of the City's rights-of-way continues to be important to
recover costs incurred by the City. The addition of Comcast bringing its cable
service to Woodburn is expected to help stabilize that fund.
134
COUNCIL BILL NO. 3144
ORDINANCE NO. 2585
AN ORDINANCE GRANTING A CABLE TELEVISION FRANCHISE TO COMCAST OF
OREGON I, INC. AND DECLARING AN EMERGENCY
WHEREAS, the City of Woodburn ("City") has a statutory and Constitutional
authority to manage its rights-of-way and to receive compensation for private use
of the rights-of-way consistent with applicable state and federal law;
WHEREAS, the City received a request from Comcast of Oregon I, Inc., a
Delaware corporation, to place facilities within the rights-of-way to provide wireline
cable television services within the corporate boundaries of the City of Woodburn;
and
WHEREAS, the City and Comcast of Oregon I, Inc. have been negotiating in
good faith toward an agreement and the parties have agreed to a non-exclusive,
5-year franchise agreement; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Grant of Franchise. The City hereby grants to Comcast of Oregon
I, Inc., a non-exclusive franchise on the terms and conditions set forth in the attached
Exhibit A, incorporated herein by reference, for a period of five years from the
effective date of this ordinance, to provide wireline cable television service within
the City of Woodburn, and authorizes the City Administrator to sign said agreement.
Section 4. Emergency Clause. This ordinance being necessary for the
immediate preservation of the public peace, health, and safety since it is in both
parties interest to have the franchise effective on April 1 , 2021 , an emergency is
declared to exist and this ordinance shall take effect as of April 1 , 2021 .
Approved as to form:
City Attorney Date
Approved:
Eric Swenson, Mayor
Passed by the Council
Page 1 Council Bill No. 3144
Ordinance No. 2585
135
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 2 Council Bill No. 3144
Ordinance No. 2585
136
Exhibit A
CABLE TELEVISION FRANCHISE AGREEMENT
Between
THE CITY OF WOODBURN
And
COMCAST OF OREGON I, INC.
137
Exhibit A
TABLE OF CONTENTS
1. PURPOSE AND INTENT 1
2. DEFINITIONS 1
3. GRANT OF FRANCHISE 7
3.1 Grant 7
3.2 Use of Public Streets and Rights of Way 8
3.3 Duration and Effective Date of Franchise/Franchise Review 8
3.4 Franchise Not Exclusive 9
3.5 Grant of Other Franchises 9
3.6 Franchise Transfer 10
3.7 Relation to Other Provisions of Law 11
3.8 Franchise Acceptance 11
3.9 Effect of Acceptance 11
4. CONSTRUCTION AND SERVICE REQUIREMENTS 11
4.1 General 11
4.2 Construction 12
4.3 Right of Inspection of Construction 12
4.4 Provision of Service 12
4.5 Erection of Poles 13
4.6 Trimming of Trees or other Vegetation 13
4.7 Repair and Restoration of Streets, Public Ways and Grounds 14
4.8 Construction Codes 14
4.9 Reservations of Street Rights 14
4.10 Street Vacation and Abandonment 14
4.11 Movement and Location of Facilities 15
4.12 Undergrounding 15
4.13 Maps 16
4.14 Emergency 16
5. SYSTEM DESIGN AND PERFORMANCE REQUIREMENTS 16
5.1 Equal and Uniform Service 16
5.2 System Configuration 16
5.3 Channel Capacity 17
5.4 Emergency Alert Capability 17
5.5 Standby Power 17
5.6 Cable System 17
5.7 Parental Control Lock 17
5.8 Technical Standards 18
5.9 Performance Testing 18
5.10 FCC Compliance 18
6. SERVICES AND PROGRAMMING 18
6.1 Programming Categories 18
6.2 Changes in Video Programming Services 19
6.3 Leased Channel Service 19
6.4 Obscenity 19
6.5 Public, Educational and Government Programming 19
6.6 Complimentary Cable Service to Public Buildings/Schools 22
7. FRANCHISE REGULATION AND CUSTOMER SERVICE STANDARDS 23
7.1 Intent 23
ii
138
Exhibit A
7.2 Areas of Regulation and Administration 23
7.3 Administration and Regulation 23
7.4 Remedies for Franchise Violations/Revocation 24
7.5 Remedies Not Exclusive 25
7.6 Customer Service Standards 26
7.7 Customer Service and Telephone Responsiveness 26
8. GENERAL FINANCIAL AND INSURANCE PROVISIONS 31
8.1 Compensation 31
8.2 Faithful Performance Bond 32
8.3 Damages and Defense 32
8.4 Liability Insurance and Indemnification 33
9. RIGHTS RESERVED TO GRANTOR 34
9.1 Grantor Acquisition of the Cable System 34
9.2 Right to Perform Franchise Audit or Review 34
9.3 Right of Inspection of Construction 35
9.4 Intervention 35
9.5 Right to Require Removal of Property 35
9.6 Inspection of Facilities 35
10. RIGHTS OF INDIVIDUALS PROTECTED 35
10.1 Discriminatory Practices Prohibited 35
10.2 Unauthorized Monitoring or Cable Tapping Prohibited 36
10.3 Privacy and Other Rights 36
10.4 Permission of Property Owner Required 36
10.5 Sale of Subscriber Lists and Personalized Data Prohibited 37
11. TERMINATION AND EXPIRATION 37
11.1 Grantor's Rights in Lieu of Revocation 37
11.2 Expiration 37
11.3 Continuity of Service Mandatory 37
12. OPERATION AND MAINTENANCE 37
12.1 Open Books and Records 37
12.2 Communication with Regulatory Agencies 38
12.3 Reports 38
12.4 Safety 39
13. MISCELLANEOUS PROVISIONS 39
13.1 Compliance with Laws 39
13.2 Severability and Preemption 39
13.3 Captions 40
13.4 No Recourse Against the Grantor 40
13.5 Nonenforcement by Grantor 40
13.6 Force Majeure 40
13.7 Entire Agreement 40
13.8 Consent 40
13.9 Notices and Time Limit for Grantee Communications 40
13.10 Consistency of Franchise with Cable Act 41
13.11 Notice 41
13.12 Public Disclosure 41
13.13 Time is of the Essence 41
13.14 Reservation of Rights 41
iii
139
Exhibit A
1. PURPOSE AND INTENT
A. The City of Woodburn, Oregon (hereafter Grantor) is authorized to and by this Franchise
Agreement, does grant to Comcast of Oregon I, Inc. (hereafter Grantee) a non-exclusive five (5)
year franchise,revocable as provided herein,to construct, operate and maintain a Cable System in
the City for the purpose of providing wireline cable services within the City.
B. The purpose of this Franchise Agreement is to create a binding, enforceable contract between
Grantor and Grantee.
C. Should any change to state and federal law after the Effective Date have the lawful effect of
materially altering the terms and conditions of this Franchise to the detriment of one or both parties,
then the parties will modify this Franchise to ensure that the Franchise remains consistent with
Applicable Law.
2. DEFINITIONS
For the purposes of this Franchise Agreement and all attachments included hereto, the following words, terms,
phrases, and their derivations will have the meanings given herein. When not inconsistent with the context,words
used in the present tense include the future tense, words in the plural number include the singular number, and
words in the singular number include the plural number. The word "shall" is always mandatory and not merely
directory. Words used in this Franchise which are not defined hereunder but defined in the Cable
Communications Policy Act of 1984, as amended by the Cable Consumer Protection and Competition Act of
1992 and the Telecommunications Act of 1996 ("Cable Act") will have the meaning specified in the Cable Act
definition.
A. "Access" or"Community Access" or"Public,Educational and Government(PEG)Access" means
the availability for use of the Cable System by various agencies, institutions, organizations, groups
and individuals in the community, including the Grantor and its designees, of designated Channels
on the Cable System to acquire, create, and distribute non-commercial programming.
B. "Access Channel" or "Public, Educational or Government Access (PEG) Channel" means any
channel or portion of a channel utilized for non-commercial programming, where any member of
the general public or any organization may be a Programmer, without charge by the Grantee, on a
non-discriminatory basis.
C. "Public Access Channel" or "Public Access" means any Access channel or portion of an Access
channel where any member of the general public or any non-commercial organization may be an
Access Programmer on a non-discriminatory basis, subject to operating rules formulated by the
Grantor or its designee. Such rules will not be designed to control the content of public access
programming.
D. "Educational Access Channel" means any Access channel or portion of an Access channel
available for educational programming by individuals or institutions, where educational
institutions are the primary or designated Programmers or user having editorial control over their
Programming.
E. "Government Access Channel" means any Access channel or portion of an Access channel
available for programming by government agencies, where governmental institution are the
1
140
Exhibit A
primary or designated Programmers or users having editorial control over their Programming.
F. "PEG Access" means Public Access Channels, Educational Access Channels and Government
Access Channels collectively.
G. "Access Center" means a facility or facilities where Public, Educational, or Government use
Signals are managed and delivered Upstream to the Grantee for Downstream transmission to
Subscribers or to other Access Centers vis a dedicated connection.
H. "Access Channel" mean any Channel, or portion thereof, designated for Access purposes or
otherwise made available to facilitate or transmit Access programming or service.
L "Affiliate" when used in relation to any person, means another person who owns or controls, is
owned or controlled by, or is under common ownership or control with, such person.
J. "Basic Cable Service" means any service of tier that includes the retransmission of local television
broadcast signals as well as the PEG Channels required by this Franchise and is made available to
all Cable Services Subscribers.
K. "Broadcast Signal" means a television or radio signal that is transmitted over-the-air to a wide
geographic audience and is received by the cable communications system off-the-air, whether by
microwave link, by satellite receiver, or by other means.
L. "Cable Act" means collectively the federal Cable Communications Policy Act of 1984, the Cable
Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act
of 1996, as amended.
M. "Cable Operator", "Wireline Cable Service Provider" means any Person or group of Persons,
including Grantee,who provide Cable Service over a Cable System and directly or through one or
more Affiliates own a significant interest in such Cable System or who otherwise control or are
responsible for,through any arrangement,the management and operations of such a Cable System.
N. "Cable Service" will have the meaning provided under Federal law and regulations.
O. "Cable System" or"Cable Communications System" or"System"will have the meaning specified
in the definition of"Cable System" in the Cable Act. In every case of its use in this Franchise,
unless otherwise specified, the term will refer to the cable system constructed and/or operated by
the Grantee in the City under this Franchise.
P. "Calendar Year" means the period of time from January 1 to December 31.
Q. "Ca aci " means the maximum ability to carry Signals or other information within the specified
format.
R. "Capital Cost" means the expenditure of funds for PEG capital resources whose useful life can
be expected to exceed a period of one (1) year or longer.
S. "Channel" will have the meaning specified in the definition of"Channel" in Section 602 of the
Cable Act(47 U.S.C. 522 (4)).
2
141
Exhibit A
T. "C means the City of Woodburn a municipal corporation, or its duly appointed and/or
authorized representative, and all the territory within its boundaries, as such may change from time
to time.
U. "Demarcation" means up to and including the device where the DAP Signal is converted into a
format to be transmitted over a connection to the Grantee.
V. "Designated Access Provider ("DAP") means the entity or entities designated by the Grantor to
manage or co-manage PEG Access Channels and Access Centers. The Grantor may be a
Designated Access Provider.
W. "Downstream" means the transport of Signals from the Headend to Subscribers or to
Interconnection points service by the Cable System.
X. "Emergency" means a circumstance in which immediate work to repair damaged or
malfunctioning facilities is necessary to restore lost service or prevent immediate harm to persons
or property.
Y. "FCC" means the Federal Communications Commission.
Z. "Fiscal Year" means the period from July 1 to June 30.
AA. "Franchise" or"Franchise Agreement" means the authorization granted by this document for the
construction or operation of a cable system for the sole purpose of delivering cable services.
BB. "Franchise Area" means the present legal boundaries of the City as of the Effective Date, and will
also include any additions thereto, by annexation or other legal means.
CC. "Grantee" means Comcast of Oregon I, Inc., and its lawful successors, transferees, or assignees
thereof.
DD. "Grantor" means the City, a municipal corporation in the State of Oregon and/or its authorized
representative or agents.
EE. "Gross Revenues" means, and will be construed broadly to include all amounts in whatever form
and from all sources derived directly or indirectly by Grantee and/or an Affiliate from the operation
of Grantee's Cable System to provide Cable Service within the Franchise Area. Gross revenues
include, by way of illustration and not limitation:
L Fees for Cable Services,regardless of whether such Cable Services are provided to residential
or commercial subscribers, including revenues derived from the provision of all Cable
Services (including but not limited to pay or premium Cable Services, digital Cable Services,
pay-per-view,pay-per-event, audio channels and video-on-demand Cable Services);
11. Installation, disconnection, reconnection, downgrade, upgrade, maintenance, repair, or
similar charges associated with Subscriber Cable Service within the Franchise Area;
III. Fees paid to Grantee for channels designated for commercial/leased access use,which will be
allocated on a pro rata basis using total Cable Service Subscribers;
IV. Converter, remote control, and other Cable Service equipment rentals, leases, or sales;
V. Payments for pre-paid Cable Services and/or equipment;
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Exhibit A
VI. Advertising Revenues as defined herein;
VII. Fees including, but not limited to:
a. late fees, convenience fees, administrative fees and similar multiservice fees, which will
be allocated on a pro rata basis using Cable Services revenue as a percentage of total
Grantee revenues within the Franchise Area;
b. Franchise fees;
c. The FCC User Fee;
VIII. Revenue from programing guides; and
IX. Commissions from home shopping channels and other Cable Service revenue sharing
arrangements which will be allocated on a pro rata basis using total Cable Service Subscribers
within the Franchise area.
"Gross Revenues" will not be net of: 1) any operating expense; (2)any accrual, including without
limitation, any accrual for commissions to Affiliates; or (3) any other expenditure, regardless of
whether such expense, accrual, or expenditure reflects a cash payment. "Gross Revenues",
however, will not be double counted. Revenues of both Grantee and an Affiliate that represent a
transfer of funds between the Grantee and the Affiliate, and that would otherwise constitute Gross
Revenues of both the Grantee and the Affiliate, will be counted only once for purposes of
determining Gross Revenues. Similarly, operating expenses of the Grantee which are payable from
Grantee's revenue to an Affiliate and which may otherwise constitute revenue of the Affiliate, will
not constitute additional Gross Revenues for the purpose of this Franchise. "Gross Revenues" will
include amounts earned by Affiliates only to the extent that Grantee could, in concept,have earned
such types of revenue in connection with the operation of Grantee's Cable System to provide Cable
Services and recorded such types of revenue in its books and Records directly,but for the existence
of Affiliates. "Gross Revenues" will not include sales taxes imposed by law on Subscribers that
the Grantee is obligated to collect. With the exception of recovered bad debt, "Gross Revenues"
will not include bad debt.
"Advertising Revenues" will mean amounts derived from sales of advertising that are made
available to Grantee's Cable System Subscribers and will be allocated on a pro rata basis using
total Cable Service Subscribers reached by the advertising. Whenever Grantee acts as the principal
in advertising arrangements involving representation firms and/or advertising interconnects and/or
other multichannel video providers, Advertising Revenues subject to Franchise fees will include
the total amount from advertising that is sold, and not be reduced by any operating expenses (e.g.,
"revenue offsets" and "contra expenses" and "administrative expenses" or similar expenses), or
by fees, commissions, or other amounts paid to or retained by National Cable Communications or
Effectv or similarly affiliated advertising representations firms to Grantee or their successors
involved with sales of advertising on the Cable System within the Franchise Area.
"Gross Revenues" will not include:
L Actual Cable Services bad debt write-offs, except any portion which is subsequently
collected which will be allocated on a pro rata basis using Cable Services revenue as a
percentage of total Grantee revenues within the Franchise Area;
IL Any taxes and/or fees on services furnished by Grantee imposed on Subscribers by any
municipality, state or other governmental unit,provided that the Franchise Fee,the FCC
User Fee will not be regarded as such a tax or fee;
III. Launch fees and marketing co-op fees;
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Exhibit A
IV. Unaffiliated third-parry advertising sales agency fees or commissions which are
reflected as a deduction from revenues, except when Grantee acts as a principal as
specified in paragraph(A) immediately above;
V. Refunds, rebates or discounts made to Subscribers;
VL Sales of capital assets or sales of surplus equipment; and,
VII. Revenue from non - cable services and/or any service or product that has not been
determined by federal law or regulation to be a Cable Service.
To the extent revenues are derived by Grantee for the provision of a discounted bundle of services
which includes Cable Services and non-Cable Services, Grantee will calculate revenues to be
included in Gross Revenues using a methodology that allocates revenue on a pro rata basis when
comparing the bundled service price and its components to the sum of the published rate card
prices for such components. Except as required by specific federal, state or local law, it is
expressly understood that equipment may be subject to inclusion in the bundled price at full rate
card value. This calculation will be applied to every bundled service package containing Cable
Service from which Grantee derives revenues in the Franchise Area. The Grantor reserves its right
to review and to challenge Grantee's calculations.
Example: Cable Service represents 50%of the total rate card for services to be offered in a bundle,
then Cable Service is to be valued and reported as being no less than 50% of the price of the
bundled service total.
The parties acknowledge that Grantee maintains its books and records in accordance with
Generally Accepted Accounting Principles (GAAP). Grantee further agrees that it will not utilize
GAAP to unlawfully, or in contravention of this agreement, avoid payment of franchise fees. At
all times, Grantor reserves its right to challenge Grantee's calculation of Gross Revenues,
including Grantee's interpretation of GAAP and Grantee's interpretation of FASB, EITF and SEC
directives. Grantee agrees to explain and document the source of any change it deems required by
FASB,EITF and SEC concurrently with any Franchise required document at the time of submittal,
identifying each revised Section or line item.
FF. "Headend" means Grantee's facility for Signal reception and dissemination on the Cable System,
including cables, antennas, wires, satellite dishes, monitors, switches, modulators, processors,
equipment for Interconnection of the Cable System with adjacent Cable Systems or other separate
communications networks, and all other related equipment and facilities.
GG. "Interconnect" or "Interconnection" means the linking of the Cable System or I-Net with another
cable system, communications systems or I-Net, or the linking of locations connect to portions of
the Cable System outside the Franchise Area and those portions of the Cable System inside the
Franchise Area, including technical, engineering, physical, financial and other necessary
components to accomplish, complete, and adequately maintain such linking, in a manner that
permits the transmission and receiving of electronic or optical signals between the systems or
locations. Such linking does not necessarily include the provision of end-user equipment for
generating or receiving signals.
HH. "Leased Channel" means any channel or portion of a channel available for programming by persons
or entities other than Grantee for a fee or charge.
It "Non-Cable Services" means the transmission(s) of Telecommunications or information including,
but not limited to, voice, video or data, without regard to the transmission protocol employed,
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Exhibit A
whether or not the transmission facilities are owned by the provider itself, and includes all forms of
telephone services and voice, video, data or information transport, but does not include (1) Cable
Service; (2) open video system service, as defined in 47 C.F.R. 76 (3) private communication
systems services provided without using the public right-of-way; (4) over-the-air radio or television
broadcasting to the public at-large from facilities licensed by the FCC (5) direct-to-home satellite
service with the meaning of Section 602 of the Communications Act and(6)public communications
systems.
JJ. "Origination Point" means a location other than the Access Center, where PEG use programing is
delivered to the Grantee for Upstream transmission.
KK. "Person"means any corporation,partnership,proprietorship, individual,organization, association,
or other entity authorized to do business in the State of Oregon, or any natural person.
LL. "Programmer" means any person or entity who or which produces or otherwise provides program
material or information for transmission by video,audio, digital or other storage methods or media,
to Subscribers, by means of the Cable System.
MM. "Programming" means the process of causing television programs or other patterns of signals in
video, voice or data formats to be transmitted on the Cable System, and includes all programs or
patterns of signals transmitted or capable of being transmitted, on the Cable System.
NN. "Record" means written or graphic materials, however produced, or reproduced, or any other
tangible permanent record, without limitation, all letters, correspondence, memoranda, minutes,
notes, summaries or accounts of telephone conversations, magnetic and laser disk files, opinions
or reports of consultants or expert, invoices, billings, statement of accounts, studies, appraisal,
analyses, contracts, agreement, charts, graphs, and photographs, to the extent related to the
enforcement or administration of this Agreement.
00. "Resident" means any natural person residing within the Franchise Area.
PP. "Residential Service" means Cable Services delivered on the Cable System to residential
subscribers.
QQ. "Residential Subscriber" means any Resident who is lawfully receiving for any purpose or reason,
any Cable Service provided by Grantee.
RR. "Right of Way", "Rights of Way", "ROW", or"Public Right of Way" means and includes, but is
not limited to, the space in, upon, above, along, across, over or under the public streets, roads,
highways, lanes, courts, ways, alleys, boulevards, bridges, trails, paths, sidewalks, bicycle lanes,
public utility easements and all other public ways or areas, including the subsurface under and air
space over these areas, but does not include parks, parkland, or other city property not generally
open to the public for travel. This definition applies only to the extent of the City's right, title,
interest and authority to grant a license to occupy and use such areas for utility facilities.
SS. "School" means any public or accredited private primary or secondary schools and all similarly
situated private and parochial educational institutions that have received the appropriate
accreditation from the State of Oregon and, where required, from other authorized accrediting
agencies.
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Exhibit A
TT. "Section" means any section, subsection or provision of this Franchise Agreement.
UU. "Signal" means any electrical or light impulses carried on the Cable System whether one-way or
bi-directional.
VV. "Streets and Public Ways" means the surface of and the space above and below any public street,
road, sidewalk, alley, or other public way of any type whatsoever, now or hereafter existing as
such within the Franchise Area, and any easements,rights of way or other similar means of access
to the extent Grantor has the right to allow Grantee to use them, and except the airwaves above a
right-of-way with regard to cellular or other non-wire communications or broadcast services.
WW. "Subscriber" means any person who is lawfully receiving, for any purpose or reason, any Cable
Service provided by Grantee by means of or in connection with the Cable System whether or not
a fee is paid for such services.
XX. "TT " or "Taping" means observing a two-way communication signal exchange where the
observer is neither of the communicating parties, whether the exchange is observed by visual or
electronic means, for any purpose whatsoever.
YY. "Telecommunications" means the transmission, between or among points specified by the user, of
information of the user's choosing, without change in the form or content of the information as
sent and received(as provided in 47 U.S.C. Section 153(43)).
ZZ. "Telecommunications Services" means the offering of Telecommunications for a fee directly to
the public, or to such classes of users as to be effectively available directly to the public,regardless
of the facilities used(as provided in 47 U.S.C. Section 153(46)).
AAA. "Year" means a full twelve-month calendar year, unless designated otherwise, such as a "fiscal
year."
3. GRANT OF FRANCHISE
3.1 Grant
A. Grantor hereby grants to the Grantee a non-exclusive and revocable franchise Effective on APRIL,
1, 2021 revocable as provided herein, to construct, operate and maintain a Cable System for the
provision of Cable service within the Franchise area. This Franchise constitutes the authority,
right, privilege and obligation to provide Cable Services over the facilities of the Cable
Communications System as required and conditioned by the provisions of this Franchise
Agreement.
B. This Franchise is subject to the laws of the United States and the State of Oregon, to the general
codes and police powers of the City enacted pursuant thereto affecting matters of general City
concern and not merely existing contractual rights of Grantee,whether now existing or hereinafter
enacted. The Grantor will make a good faith effort to notify the Grantee of any City proceedings
which would substantially affect the Grantee's operations and will upon request supply the Grantee
with copies of any City laws or regulations affecting Grantee's operations. Notwithstanding
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Exhibit A
Grantor's general exercise of police power described in Section 3.7 below, in cases of conflict
between this Agreement and any ordinance or resolution that directly affects or changes the
material terms outlined under section 3.5(B) of Grantee under this Agreement, this Franchise
Agreement will govern. Nothing herein will be interpreted to prevent Grantor or Grantee from
challenging the lawfulness of enforceability of any provision of applicable law.
C. Grantee promises and guarantees as a condition of exercising the privileges granted by this
Agreement, that any Affiliate or joint venture partner of the Grantee directly involved in the
offering of Cable Service in the Franchise Area, or directly involved in the management or
operation of the Cable System in the Franchise Area, will also comply with the terms and
conditions of this Agreement and any Federal, State or City law, rule, or regulation.
D. No rights will pass from Grantor to Grantee by implication. Without limiting the forgoing,by way
of example and not limitation, the Franchise will not include or be a substitute for:
L Any other permit or authorizations required for the privilege of transaction and carrying on
a business within the City that may be required under generally applicable ordinances and
laws of the Grantor;
It Any permit,agreement of authorization required under generally applicable ordinances and
laws of the Grantor in connection with operations on or in the Right of Way or property,
including by way example and not limitation, street cut permits; or
III. Any permits or agreement for occupying any other property of the Grantor or private
entities to which access is not specifically granted by this Franchise including, without
limitation, permits and agreement for placing devices on or in poles or wires, conduits,
other structures or railroad easements, whether owned by the Grantor or a private entity.
This provision should not be interpreted to restrict Grantee's general franchise rights under
47 U.S.C. Section 541(a).
IV. Grantor agrees to use best efforts in its working relationship with Grantee in the permitting
processes associated with Grantee's permit requests.
3.2 Use of Public Streets and Rights of Way
For the purpose of constructing, operating and maintaining a Cable System for the provision of cable
services in the Franchise Area,the Grantee may erect, install, audit, construct,repair,replace,reconstruct,
and retain in, on, over, under, upon, across, and along the Streets and Public Ways within the Franchise
Area such wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals,
attachments, and other property and equipment as are necessary, convenient and appurtenant to the
operation of the Cable System. Prior to construction or alteration within City Streets and Public Ways,
the Grantee will in each case request all required permits, pay applicable fees, and receive approval as
necessary before proceeding. Nothing in this Section will relieve the Grantee of the obligations of Section
4.6 regarding the trimming of trees and other vegetation.
3.3 Duration and Effective Date of Franchise/Franchise Review
Except as otherwise provided herein for revocation, the term of this Franchise and all rights, privileges,
obligations, and restrictions pertaining thereto will be Five (5) years from the Effective Date of this
Agreement, at which time the Franchise will expire and be of no force and effect. The effective date of
the Franchise is specified in 3.I.A, ("Effective Date") unless the Grantee fails to file the Franchise
acceptance in accordance with Section 3.7 herein, in which event this Franchise will be null and void.
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Exhibit A
A. Renewal
L The Grantor and Grantee agree that any proceedings undertaken by the Grantor that relate to
the renewal of Grantee's Agreement will be governed by and comply with the provisions of
the Cable Act (47 USC § 546), unless the procedures and substantive protections set forth
therein will be deemed to be preempted and superseded by the provisions of any subsequent
provision of federal or state law.
11. In addition to the procedures set forth in the Cable Act, the Grantor agrees to notify Grantee
of the completion of its assessments regarding the identification of future cable-related
community needs and interests, as well as the past performance of Grantee under the then
current Franchise term. Notwithstanding anything to the contrary set forth herein, Grantee
and Grantor agree that at any time during the term of the then current Agreement, while
affording the public adequate notice and opportunity for comment, the Grantor and Grantee
may agree to undertake and finalize negotiations regarding renewal of the then current
Agreement and the Grantor may grant a renewal thereof. Grantee and Grantor consider the
terms set forth in this Section to be consistent with the express provisions of the Cable Act.
3.4 Franchise Not Exclusive
The franchise granted herein is not exclusive. This Franchise will not be construed as any limitation upon
the right of the Grantor, through its proper officers, to grant to other persons or corporations, rights,
privileges or authority the same as, similar to or different from the rights, privileges or authority herein
set forth, in the same or other Streets and Public Ways by franchise, permit, or otherwise subject to the
provisions of Section 3.5 herein.
3.5 Grant of Other Franchises
A. The Grantor reserves the right to grant additional Franchises or similar authorizations to provide
video programming services via Cable Systems or similar wireline systems located in the Public
Rights of Way. Grantor intends to treat wireline cable service competitors in a nondiscriminatory
manner in keeping with federal law. If the Grantor grants such an additional Franchise or
authorization to use the Public Rights of Way to provide such services and Grantee believes the
Grantor has done so on terms materially more favorable than the obligations under this Agreement,
then the provisions of this Section 3.5 will apply.
B. As part of this Agreement, the Grantor and Grantee have mutually agreed that the following
material Franchise terms may be used to compare Grantee's Franchise to a wireline cable service
provider competitor: a 5% (five percent) Franchise fee, PEG funding, PEG Access Channels, and
customer service obligations (hereinafter "Material Obligations"). Grantor and Grantee agree that
these Material Obligations bear no relationship to the technology employed by the Grantee or a
wireline cable service provider competitor and as such can reasonably be expected to be applied
fairly across all wireline cable service competitors.
C. Within one (1) year of the adoption of a wireline cable service competitor's Franchise or similar
authorization, Grantee must notify the Grantor in writing of the Material Obligations in this
Agreement that exceed the Material Obligations of the wireline cable service competitor's Franchise
or similar authorization. The Grantor will have one hundred twenty (120) days to agree to allow
Grantee to adopt the same Material Obligations provided to the wireline cable service competitor,
or dispute that the Material Obligations are different. In the event the Grantor disputes the Material
Obligations are different, Grantee may bring an action in a competent court of law for a
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Exhibit A
determination as to whether the Material Obligations are different and as to what Franchise
amendments would be necessary to remedy the disparity. Alternatively, Grantee may notify the
Grantor that it elects to immediately commence the renewal process under 47 USC§ 546 and to
have the remaining term of this Franchise shortened to not more than thirty (30) months.
D. Nothing in this Section 3.5 is intended to alter the rights or obligations of either party under
applicable federal or state law, and it will only apply to the extent permitted under applicable law
and FCC orders. In no event will the Grantor be required to refund or to offset against future
amounts due the value of benefits already received.
E. This provision does not apply if the Grantor is ordered or required to issue a Franchise on different
terms and conditions,or it is legally unable to do so; and the relief is contingent on the new Wireline
Cable Service Provider actually commencing provision of service in the market to its first customer.
Should the new Wireline Cable Service Provider fail to continuously provide service for a period
of six (6) months, the Grantor has the right to implement this Agreement with its original terms
upon ninety (90) days' notice to Grantee.
F. This Section does not apply to open video systems, nor does it apply to common carrier systems
exempted from Franchise requirements pursuant to 47 U.S.C. Section 571; or to Systems that serve
less than 5% (five percent) of the geographic area of the Grantor; or to Systems that only provide
video services via the public Internet.
3.6 Franchise Transfer
Subject to Section 617 of the Cable Act(47 U.S.C. Section 537), no transfer of the Franchise or change
in control of Grantee will occur without the prior written consent of Grantor, provided that such consent
will not be unreasonably withheld.
No such consent will be required, however, for a transfer in trust, by mortgage, by other hypothecation,
by assignment of any rights, title, interest of Grantee in the Franchise or Cable System in order to secure
indebtedness, and no such consent will be required for a change in control or transfer of an ownership
interest or other interest in Grantee to the parent of Grantee or transfer of an interest in the Franchise to
the parent of Grantee, or any action which is the result of a merger of the parent of Grantee or any action
which is the result of a merger of another Affiliate of Grantee. Grantee will provide written notice to
Grantor of any transaction as described in this paragraph within sixty (60) days of such transaction.
If the Grantee wishes to transfer this Franchise, the Grantee and Grantor will proceed pursuant to Section
617 of the Cable Act and related rule makings of the FCC. Grantee will give Grantor written notice of
the proposed transfer and will request consent of the transfer by the Grantor. Grantee will furnish all
information required by law and/or reasonably requested by Grantor, at no cost to Grantor, with respect
to the consideration of the transfer. For the purpose of determining whether it will consent to such transfer,
Grantor may inquire into the legal, financial and technical qualifications of the prospective transferee to
perform the obligations of the Grantee under this Franchise. The Grantee will assist Grantor in any such
inquiry.
In cases where the Grantor finds it inappropriate to give unconditional consent to the proposed transfer,
the Grantor may condition its consent upon terms and conditions related to the legal, financial, and
technical qualifications of the proposed transferee and to the resolution of outstanding and unresolved
issues of Grantee's noncompliance with material terms and conditions of this Franchise. Grantee reserves
the right to challenge Grantor's conditional consent as outside the scope of its authority under this
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Exhibit A
Franchise or federal law. Any transfer of ownership affected without the written consent of the Grantor
will render this Franchise subject to revocation, provided that any such consent will not be unreasonably
withheld. The Grantor will have one hundred twenty (120) days to act upon any request for approval of
a transfer that contains or is accompanied by such information as is required in accordance with FCC
regulations and by the Grantor. If the Grantor fails to render a final decision on the request within one
hundred twenty (120) days, the request will be deemed granted unless the Grantee and the Grantor agree
to an extension of time.
The Grantee, upon any transfer as heretofore described, will within sixty (60) days thereafter file with the
Grantor a copy of the deed, agreement, mortgage, lease, or other written instrument evidencing such sale,
lease, mortgage, assignment or transfer, certified and sworn to as correct by the Grantee.
Every such transfer as heretofore described will be deemed void and of no effect unless Grantee will,within
sixty (60) days after the same will have been made, file such certified copy as is required.
3.7 Relation to Other Provisions of Law
This Agreement and all rights and privileges granted under it are subject to, and the Grantee must exercise
all rights in accordance with, applicable law as amended over the Franchise Term. The Agreement is a
contract, subject to the Grantor's exercise of its police and other regulatory powers and such applicable
law. This Agreement does not confer rights or immunities upon the Grantee other than as expressly
provided herein. In cases of conflict between this Agreement and any ordinance of general application
enacted pursuant to the Grantor's police power, the ordinance will govern. Grantee reserves all rights it
may have to challenge the lawfulness of any Grantor ordinance,whether arising in contract or at law. The
Grantor reserves all of it rights and defenses to such challenges, whether arising out of contract or at law.
The Franchise issued, and the fees paid hereunder, are not in lieu of any other required permit,
authorization, fee, charge, or tax, unless expressly stated herein.
3.8 Franchise Acceptance
The Grantee, within forty-five (45) days after the tender by the Grantor to Grantee of the Franchise
Agreement adopted by the Grantor, will file with the City a written acceptance executed by the Grantee,
in the form attached hereto as Exhibit A. In the event Grantee fails to file the acceptance as required
herein, then this Franchise will be null and void.
3.9 Effect of Acceptance
By accepting the Franchise, the Grantee;
A. Acknowledges and accepts the Grantor's legal right to issue and enforce this agreement,
B. Agrees that it will not oppose the Grantor's intervening or other participation in any proceeding
affecting the Cable System,
C. Accepts and agrees to comply with each and every provision of this agreement,
D. Agrees that the Franchise was granted pursuant to processes and procedures consistent with
applicable law, and
E. Agrees to not raise any claim to the contrary.
4. CONSTRUCTION AND SERVICE REQUIREMENTS
4.1 General
The Grantee will maintain on its cable system a minimum capacity of one hundred and twenty (120)
activated channels, defined under the Cable Act as those channels engineered at the headend of the Cable
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150
Exhibit A
System for the provision of services generally available to residential subscribers of the cable services,
regardless of whether such services actually are provided. In all its construction and service provision
activities, Grantee will meet or exceed the construction, extension and service requirements set forth in
this agreement.
4.2 Construction
In all its construction and service provision activities, Grantee will meet or exceed the construction,
extension and service requirements set forth in this Franchise Agreement.
Prior to beginning any construction other than routine installations or repairs for individual subscribers,
Grantee will provide Grantor with a construction schedule for work in the Streets. All construction will
be performed in compliance with this Agreement and all applicable Grantor ordinances, codes,
resolutions, rules and regulations heretofore or hereafter adopted or established during the entire term of
the Franchise. When obtaining a permit, Grantee will inquire in writing about other construction currently
in progress,planned or proposed, in order to investigate thoroughly all opportunities for joint trenching or
boring. Whenever it is possible and reasonably practicable to joint trench or share bores or cuts. Grantee
will work with other providers, grantees,permittees, and franchisees so as to reduce as far as possible the
number of street cuts and disruption to the public.
A. Open Trench. The Grantor agrees that in the event that Grantor is conducting a city project,Grantee
requests Grantor provide means to discuss any open trench opportunities associated with Grantor's
project to the extent consistent with applicable law and provide reasonable access to the open
trench. Notwithstanding the foregoing, Grantee will not be required to utilize any open trench nor
will failure of Grantor to contact Grantee under this section be considered a violation of this
Agreement.
4.3 Right of Inspection of Construction
Grantor will have the right to inspect all construction or installation work performed within the Franchise
Area and to make such tests as it finds necessary to ensure compliance with construction or installation
standards of this Franchise Agreement, other applicable City codes and ordinances, and other pertinent
provisions of law. Grantee will fully cooperate in facilitating such inspections or tests and will be subject
to any fees or charges applicable under ordinance or other laws or regulations.
4.4 Provision of Service
A. It is the Grantor's general policy that all residences in the Grantee's franchise area should have
equivalent availability of service from Grantee's Cable System under non-discriminatory rates and
reasonable terms and conditions. Grantee will not arbitrarily refuse to provide Cable Services to any
Person within the Franchise Area subject to Section (B)below.
B. Except as otherwise provided in Section 4.4 (F) Grantee will provide Cable Service to every
residential dwelling unit within the Franchise Area where the average density is equal to or greater
than ten (10) dwelling units per linear strand quarter cable mile as measured from Grantee's nearest
cable line:
L With no line extension charge; and
11. At a non-discriminatory installation charge for a standard installation, consisting of a one
hundred twenty-five (125) foot drop connecting from the nearest point on Grantee's Cable
System to an outside wall for residential Subscribers with additional charges for non-standard
installations computed on a time plus material basis to be calculated on that portion of the
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Exhibit A
installation that exceeds the standard one hundred twenty-five (125) foot drop.
III. In all new subdivisions or other areas where undergrounding is required, cable plant and drops
will be placed underground; in other areas, new or replacement cable plant and drops will be
placed underground whenever feasible.
Grantee will provide Cable Service to potential Subscribers that do not meet the density requirement
set forth in Section 4.4(B)under the following circumstances, through agreement between the Grantee
and the person requesting service for payment of line extension construction costs:
L Grantee will provide service at its normal, published installation charge for the initial one
hundred twenty-five (125) feet of extension.
11. The subscriber will pay the actual cost of the extension for the distance over one hundred
twenty-five (125) feet
C. Notwithstanding Section 4.4(A), Grantee may establish different and non-discriminatory rates and
charges and classes of services for Commercial Subscribers, as well as different and non-
discriminatory monthly rates for classes of Commercial Subscribers. For the purposes of this
Section 4.4.C, "Commercial Subscribers" means any other Subscriber other than Residential
Subscribers in single family or multifamily dwellings.
D. As areas are annexed into the City, Grantee will provide Cable Television services to all residences
within the annexed area on the same terms as provided for in Section 4.4.C, unless otherwise
authorized by the City.
E. In new subdivisions,cable television service will be made available under the terms of 4.4.A through
4.4.0 above either (i) contemporaneously with other utility services; or (ii) no more than sixty (60)
days from first occupancy, whichever is first.
F. Notwithstanding any other provision in this Franchise, Grantee will not be required to extend its
Cable television service to any area of the City that already receives Cable television service from a
provider that is not commonly owned to any degree with Grantee, unless the density meets or
exceeds 60 dwelling units per linear cable quarter mile (1,320 feet) from Grantee's nearest cable
plant.
4.5 Erection of Poles
Grantee may not erect, for any reason, any pole on or along any street or public way in an existing aerial
utility system unless approved by the Grantor. The Grantee will make all reasonable efforts to lease pole
space from the existing pole owners for all aerial constructions, under mutually acceptable terms and
conditions, and will comply with all applicable ordinances, resolutions, rules and regulations of the
Grantor, heretofore or hereafter adopted or established during the entire term of the Franchise.
4.6 Trimming of Trees or other Vegetation
In the conduct of its business, it may be necessary for Grantee to trim trees or other vegetation in order to
provide space for its facilities. Tree or vegetation trimming will be done only in accordance with the
codes and other rules and regulations of Grantor, heretofore or hereafter adopted or established during the
entire term of the Franchise, and if the tree or vegetation is located on private property,with the permission
of the owner of the property on which the tree or vegetation stands. Nothing contained in this Franchise
Agreement will be deemed to empower or authorize Grantee to cut, trim or otherwise disturb any trees or
other vegetation, whether ornamental or otherwise.
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Exhibit A
4.7 Repair and Restoration of Streets, Public Ways and Grounds
Whenever the Grantee disturbs the surface or otherwise damages any Street, alley, public roadway, hard
surface pavement, other public ground, or ground, it will repair and restore the same to at least the prior
condition or the legally required standard. In the case of a hard surface opening, Grantee will promptly
refill the opening and restore the pavement to at least its original condition or the legally required standard.
Grantor will notify Grantee if any opening made by Grantee requires further restoration and,after an eight-
hour period for Grantee to affect the repairs, Grantor may refill and/or pave. All costs thereof, including
but not limited to, inspection, supervision, and administration will be paid by Grantee. All excavations
made by the Grantee will be properly safeguarded for the prevention of accidents. Any work required
will be done in compliance with the rules,regulations and ordinances of the Grantor heretofore or hereafter
adopted. Unless otherwise provided for in a written legal agreement with a private property owner,
Grantee will repair and restore any private property it disturbs in the same manner required by the
Franchise with respect to public property.
The requirement under this Section for the Grantor to notify the Grantee and to allow a minimum time
period for repairs is effective except in the case of emergency, as determined under this Agreement.
4.8 Construction Codes
The Grantee will strictly adhere to all applicable building, zoning or other laws, codes, regulations and
rules of Grantor in effect at the time of Grantee's work. The Grantee will arrange its lines, cables and
other appurtenances, on both public and private property, in such a manner as to cause no unreasonable
interference, as determined by the Grantor, with the use of said public or private property by any person.
In the event of such interference, Grantor may require the removal of Grantee's lines, cables and
appurtenances from the property in question at the sole expense of the Grantee.
4.9 Reservations of Street Rights
Nothing in this Franchise Agreement will be construed to prevent any public work of the Grantor,
including without limitation constructing sanitary or storm-water sewers, grading,paving,repairing and/or
altering any Streets and Public Ways, or laying down, repairing or removing water mains or maintaining,
repairing, constructing or establishing any other public property. If any property of the Grantee will
interfere with the construction or repair of any street or public improvement, whether it be construction,
repair or removal of a sanitary or storm-water sewer or water main, the improvement of a street or any
other public improvement, then upon reasonable written notice from the Grantor, all such property
including poles, wires, conduits or other appliances and facilities will be removed, replaced or relocated
in a timely manner as will be directed by the Grantor, so that the same will not interfere with the said
public work of the Grantor, and such removal,replacement or relocation will be at the sole expense of the
Grantee. In the event of failure, neglect or refusal of the Grantee to relocate its facilities or to repair,
restore, or reconstruct such street, the Grantor may do such work or cause it to be done, provided that
Grantor first notifies and provides Grantee fifteen (15) days to cure. Notwithstanding, if a public
emergency exists,at the sole determination of the Grantor, Grantor may effect immediate repairs.All costs
incurred by Grantor, including but not limited to the cost of inspection, supervision and administration,
will be paid by the Grantee.
4.10 Street Vacation and Abandonment
In the event any street, alley, public highway or portion thereof used by the Grantee will be vacated by
the Grantor, or the use thereof discontinued by the Grantee, during the term of this Franchise,the Grantee
may abandon its above ground Cable System facilities if Grantor grants Grantee the right to do so in
writing. Grantee will have the right to abandon its underground Cable System facilities. If the above
ground cable facilities removal is required by Grantor, at the time of removal thereof the Grantee will, at
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Exhibit A
no cost to Grantor,restore,repair or reconstruct the street area where such removal has occurred,and place
the street area where such removal has occurred in such condition as may be reasonably required by
Grantor and/or the new controlling jurisdiction. In the event of failure, neglect or refusal of the Grantee
to remove its facilities or to repair, restore, or reconstruct such street, the Grantor may do such work or
cause it to be done, provided that Grantor first notifies and provides Grantee fifteen (15) days to cure
unless additional time is granted in writing by the Grantor. All costs incurred by Grantor, including but
not limited to the cost of inspection, supervision and administration, will be paid by the Grantee.
4.11 Movement and Location of Facilities
A. Movement and location of Grantee's facilities will follow all applicable Grantor's regulations,
heretofore or hereafter amended, unless otherwise provided within this Franchise.
B. Unless otherwise agreed to in writing by the Grantor, Grantee will, at no cost to the Grantor,
temporarily or permanently remove,relocate,change or alter the position of any utility facility within
the ROW, including relocation of aerial facilities underground where all wireline cable providers are
being asked to relocate underground, when requested to do so in writing by the Grantor.
Grantor will bear no responsibility nor be liable for any costs, associated with Grantee's movement or
alternate locations of Grantee's facilities.
4.12 Undergrounding
A. Cable must be installed underground where:
L All existing wireline cable service utilities are placed underground, other than high voltage
electric facilities;
11. Statute, ordinance,policy or other regulation of Grantor lawfully requires utilities to be placed
underground;
III. All overhead utility lines are placed underground, other than high voltage electric facilities
(Grantee will bear the cost of such movement of its facilities unless specific exemption is given
by Grantor in any individual case or unless preemptive state or federal law or regulation
provides otherwise);
IV. Grantee is unable to get pole clearance;
V. Underground easements are obtained from developers of new residential areas; or
VI. Utilities are overhead but Residents prefer underground (undergrounding to be provided at
Residents' cost).
B. Cable may be installed above ground where:
L Existing Wireline Cable Providers lines are above ground, excluding high voltage electric
facilities; or
It Grantee obtains written permission from Grantor
C. Grantee will use conduit or its functional equivalent on 100%of undergrounding, except for drops from
poles,pedestals or vaults to Subscribers' homes and for cable on other private property where the owner
requests that conduit not be used. Cable and conduit will be utilized which meets the highest industry
standards for electronic performance and resistance to interference or damage from environmental
factors. Grantee will use, in conjunction with utility companies or providers, common trenches for
underground construction wherever available.
Nothing in this Section will be construed to prohibit Grantee from constructing, operating, or
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Exhibit A
maintaining aboveground any ground-mounted appurtenances such as customer taps, line extenders,
system passive devices, amplifiers,power supplies,pedestals, or other related equipment provided that
these are placed in a manner consistent with applicable laws, codes, rules and regulations, heretofore
or hereafter adopted.
4.13 Maps
A. Strand Maps. Grantee will maintain strand map drawings of the Cable System and make them
available to the Grantor for inspection upon request. Strand drawings or their functional equivalent
will be updated as changes occur in the Cable System. The Grantee will provide to the Grantor,upon
request, at no cost to the Grantor, a copy of strand maps showing the location of the Grantee's facilities
in the Streets and Public Ways within the Franchise Area.
B. GIS Maps. Grantee will provide,upon request,at no cost the Grantor a GIS map,in a format acceptable
to the Grantor of all its facilities located with the Grantor's rights-of-way or Grantor's property.
Grantor will not request such map more than once per calendar year.
C. Notwithstanding anything to the contrary set forth in this Section, the Grantee will not be required to
disclose information beyond the GIS location of its facilities.
4.14 Emergency
In the event of emergency situation or circumstance that creates or is contributing to an imminent danger
to health, safety, or property, as determined by Grantor in its sole discretion, the Grantor may remove or
relocate Grantee's Cable System without prior notice. All costs incurred by Grantor, including but not
limited to the cost of inspection, supervision and administration, will be paid by the Grantee. Subject to
the limits of the Oregon Tort Claims Act and the Oregon Constitution, Grantor will defend, indemnify,
and hold Grantee harmless for any negligent actions or gross negligence by Grantor's employees or agents
pursuant to this Section 4.14.
4.15 Emergency Repairs
In the event that emergency repairs are necessary, Grantee will immediately notify the Grantor of
the need for such repairs. Grantee may initiate such emergency repairs and will apply for appropriate
permits as soon as reasonably practicable but in no event not later than two business days after
discovery of the emergency. Grantee will comply with all applicable Grantor regulations relating
to such repairs, including the payment of permit or license fees.
5. SYSTEM DESIGN AND PERFORMANCE REQUIREMENTS
5.1 Equal and Uniform Service
Reasonable efforts will be made to provide equal and uniform access, Cable Service and rates to
Subscribers and potential Subscribers within the Franchise Area.
5.2 System Configuration
The Cable System will have the bidirectional communications capacity for subscriber interaction if any,
required for selection or use of Cable Service such as pay-per-view, VOD and other interactive cable
services requiring addressability.
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Exhibit A
5.3 Channel Capacity
The Grantee will maintain on its Cable System a minimum capacity of two hundred(200)activated analog
and/or digital Channels. The System will throughout the Franchise term carry reverse signals in the
upstream direction. The system performance, capacity and services offered may be reviewed to assure
the system keeps pace with changes in technology and is at least comparable to other systems in the area.
5.4 Emergency Alert Capability
A. Grantee will provide emergency alert capability in full compliance with applicable FCC
requirements. Grantee will establish procedures to override video and audio on all channels of the
Cable System to provide emergency messages consistent with the FCC's directives.
B. Grantee will allow Grantor to transmit an emergency alert message from locations designated by the
Grantor to all subscribers.
C. In times of emergency,the Grantor will permit only appropriately trained and authorized persons to
operate the EAS equipment and, subject to the limits of the Oregon Tort Claims Act and the Oregon
Constitution,will indemnify and hold harmless the Grantee, its employees, officers and assigns from
any claims arising from Grantor's use of the cable system or the EAS. Additionally, subj ect to limits
of the Oregon Tort Claims Act and the Oregon Constitution, Grantor will defend, indemnify and
hold harmless the Grantee for the negligent actions or gross negligence by Grantor's employees or
agents pursuant to this Section 5.4.
D. In non-emergency situations, only the Grantee is authorized to operate the EAS equipment. Upon
request, the Grantor will be permitted to participate in and/or witness the EAS testing up to twice a
year on a schedule formed in consultation with Grantee. If the test indicates that the EAS is not
performing properly,then Grantee will make any necessary adjustment to the EAS and the EAS will
be retested.
5.5 Standby Power
Grantee will provide standby power generating capacity at the Cable System headend and all hubs and
any fiber optic nodes capable of providing emergency operations for at least forty-eight (48) hours.
Grantee will maintain standby power system supplies, rated at least at two (2) hours duration, throughout
the trunk and distribution networks. In addition, Grantee will have in place throughout the Franchise term,
a plan, and all resources necessary for implementation of the plan, for dealing with outages of more than
two hours. Upon request, Grantee will provide a copy of the plan to the Grantor.
5.6 Cable System
Grantee's Cable System will be able to deliver high quality signals that meet or exceed FCC technical
quality standards regardless of any particular manner in which the signal is transmitted.
5.7 Parental Control Lock
Grantee will provide Subscribers (by sale, lease or otherwise), upon request, with a manual or electronic
parental control locking device or digital code that permits inhibiting the viewing of any channel,
consistent with applicable regulations. Any charge for such device will be consistent with applicable rate
regulations. Subscribers will be notified by Grantee of the availability of the locking device no less
frequently than annually.
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Exhibit A
5.8 Technical Standards
Grantee will meet all the requirements of The Federal Communications Commission (FCC) Rules and
Regulations, Part 76, Subpart K.
5.9 Performance Testing
Grantee will perform all system tests required by the FCC, and all other tests reasonably necessary for the
Grantor to easily, to determine compliance with technical standards required by this Franchise.
Upon request, Grantee will advise Grantor of schedules and methods for testing the Cable System on a
regular basis to determine compliance with the provisions of this Agreement and applicable FCC technical
standards. Written records of all system test results performed by or for the Grantee will be maintained
and copies of written test will be made available to Grantor upon request, at no cost to Grantor. Tests may
be witnessed by representatives of Grantor.
The Grantor may conduct independent tests of the system for which the Grantee will give its fullest
cooperation. If one or more of the locations tested fail to meet the performance standards, the Grantee
will be required to indicate what corrective measures have been taken, and the entire test will be repeated
at the locations which failed, and at least five (5) additional randomly chosen locations. If results of a
second test indicate failure of the system to meet the technical performance requirements of this Franchise,
then the Grantor may apply such remedies as it deems appropriate,unless the circumstances of the failure
are caused by conditions which are beyond the Grantee's control, as determined, acknowledged and
verified by the Grantor.
5.10 FCC Compliance
It is the responsibility of the Grantee to document that the system and its operation are in compliance with
FCC technical specifications and performance requirements. If the Grantor has received subscriber
complaints regarding the performance of the Cable System, and the Grantor determines that the most
efficient or only reasonable way to determine a question of System compliance with FCC technical
specifications is through a specific testing of the system in addition to test required by the FCC; Grantee
will, upon written notice by the Grantor,perform such testing at a reasonable time, and Grantee will give
the Grantor an opportunity to witness the testing and provide the Grantor with documentation of the testing
results. The FCC's technical standards will govern the protocols for all such testing.
In any case where the system testing reveals non-compliance with FCC standards, the Grantee will repair
the system or make whatever modifications are required and necessary to bring the system performance
into compliance with FCC standards within sixty (60) days.
6. SERVICES AND PROGRAMMING
6.1 Programming Categories
To the extent Grantor has regulatory authority under federal law, the Grantee will provide video
programming services in at least the following broad categories:
1. News & Information
2. Sports
3. General Entertainment
4. Arts, Culture, Performing Arts
5. Children/Family
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Exhibit A
6. Science
7. Travel Information
8. Weather Information
9. Governmental and Educational Programming
10. Movies
11. Religious Programming
12. Foreign language/Ethnic Programming
The identification of these broad categories of programming in no way infers regulatory authority by the
Grantor over specific programming services or networks which may be carried on the Cable System,
except for PEG Access programming, as further described herein.
6.2 Changes in Video Programming Services
Subject to the provision of the Cable Act, no category of services as referred to in Section 6.1 may be
deleted, or so limited as to be effectively deleted by the Grantee without Grantor approval, which will not
be unreasonably withheld. In the event any applicable law or regulation materially alters the terms and
conditions under which Grantee carries programming within the broad programming categories described
in Section 6.1, then the Grantee will be obligated to carry such programming.
6.3 Leased Channel Service
The Grantee will offer leased channel service to the extent required by 47 U.S.C. Section 532 (Section
612 of the Cable Act), or regulations adopted thereunder.
6.4 Obscenity
The Grantee agrees that it will not transmit over the Cable System programming, which is obscene or
otherwise unprotected by applicable law, provided, however, Grantee will in no way be responsible for
programming over which it has no editorial control, including but not limited to, Public, Educational and
Governmental Access programming.
6.5 Public, Educational and Government Programming
A. Channels
The Grantor and Grantee agree that the Grantor is not operating a PEG channel at the time this franchise
is executed. It is further agreed that the obligations in Section 6.5 are contingent upon Grantor's decision
to initiate a PEG channel with all wireline cable providers.
L Upon one hundred twenty (120) days advance written notice by Grantor, Grantee will provide to
the Grantor, for independent administration by the Grantor or its Designated Access Provider
(DAP) throughout the term of the Franchise, one (1) PEG Access Channel to be cablecast
throughout the Franchise Area.
11. In the event Grantor request the activation of the one(1)or more PEG Access Channel as set forth
in this subsection, Grantor will identify three certain origination sites, from which Access
Programing may originate and be transmitted therefrom to Grantee's headend. The costs to
construct a connection for such transmission will be paid by the Grantor and Grantor may use
PEG Supports funds for such purposes.
B. Triggers for Additional Access Channels
L After the initial Access Channel has been made available for PEG Access use, Grantee will, if
directed by the Grantor, provide an additional activated Access Channel for PEG use to a
maximum total of two Access Channels as required in this subsection. The Grantor will give
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Exhibit A
Grantee at least 120 days prior written notice of the required additional Access Channels. Such
written notice will include information verifying that the trigger criteria have been met.
11. The one(1) additional Access Channel will be made available to the Grantor at such time that the
existing Access Channels is in use for locally scheduled video programming (not to include
character- generated programming, non-video transmissions, or repetitions of programs beyond
three(3)repetitions an average of 80% of the time, seven days per week for any consecutive five-
hour block during the hours from 10:00 a.m. to 10:00 p.m. for 10 consecutive weeks. Provided,
however, that if the usage ratio of any additionally designated channel should at any time fall
below 30% of the level of usage required above for the addition of a channel,then the use of that
channel will revert back to the Grantee, upon 120 days' after Grantee's notice to Grantor.
III. Grantee will make PEG Access Channel(s) available to all Subscribers without any additional or
extra costs to subscribers. Grantee may deliver such PEG Channels in a digital format,at Grantee's
sole and absolute discretion. The Access Channels must be receivable by Subscribers without
special expense, other than the expense required to receive Basic Service. Designated Access
Providers have no obligation to provide a signal to Grantee in a digital format.
IV. The Grantee will provide all PEG Channels on the Basic Service tier throughout the life of the
Franchise, consistent with the requirements of federal law. If there is no Basic Service tier,
Grantee will provide the PEG Channels at no additional charge to any Person who subscribes to
the lowest general level of cable video programming service and otherwise in accordance with
federal and state law. If channels are selected through a menu system that is under the control of
Grantee, the PEG Channels will be displayed in the same manner as other channels. Grantor or
its Designated Access Provider will be responsible for the costs associated with specific program
listings for the PEG Channels on Cable System program guides and menus.
V. Grantor may, at its sole cost and expense, deliver the PEG Channels to Grantee in video-on-
demand (VOD) format. Grantor is responsible for all costs and expenses to encode and deliver
such VOD programming. If Grantor delivers VOD programming to Grantee, Grantee will have
the right, but not the obligation, to deliver the VOD programming to Subscribers receiving the
PEG Channels.
VI. If Grantee modifies its Cable System in a manner that has the effect of requiring modifications to
PEG facilities and equipment, in order to deliver PEG signals, Grantee will bear any cost that the
Designated Access Providers must incur as a result, subject to applicable law. If, for example,
Grantee requires high-definition signals, Grantee will bear the costs any Designated Access
Providers incur to provide high-definition signals.
C. Support for Access Costs
L At any time during the term of this Franchise once Grantee's cable system is operational, within
one hundred twenty (120) days of written notice from the Grantor per Section 6.5.A.1, Grantee
will pay a PEG Support fee in the amount of fifteen cents, ($0.15)per subscriber per month,which
funds will be used in accordance with applicable federal law. Nothing in this Section 6.5 will be
viewed as a waiver of Grantor's rights to use the funds provided for any lawful purpose permitted
under applicable federal law. Grantee will make such payments in conjunction with and at the
same frequency as franchise fees.
a. PEG support payments to the Grantor will be accompanied by such information allowing the
Grantor to easily verify compliance with this Section, including monthly subscriber numbers, and
if needed or requested any such information Grantor reasonably deems required to verify
compliance. Grantee will provide information to the Grantor within 30 (thirty) days without any
cost to Grantor.
b. Both parties agree that Support for Access Costs is a material provision and subject to the terms
specified in Section 3.5.13.
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Exhibit A
II. Both parties agree that the PEG Access fee and the Additional Financial Support for PEG
Access, if allowed by law, may be passed through to Subscribers. However, Grantee will not
reduce or alter payments to the Grantor based on passed through amounts or amounts collected
from subscribers. Payments will be calculated on the number of subscribers multiplied by the
amount per subscriber, without reduction or off-set of any kind.
III. If at any time after twelve (12) months of the PEG fee being paid to Grantor, the Grantor fails
to operate the PEG Access Channel, Grantee may, after providing at least one hundred twenty
(120) days written notice to Grantor, discontinue the PEG Access fee unless the Grantor
operates the PEG Access channel within the one hundred twenty (120) day notice period.
IV. Grantor agrees that the sections of any network infrastructure developed using PEG support
funds that are used to transport PEG programming shall be readily identifiable, for their
exclusive use for internal, institutional purposes only and shall not be made available to any
other public or private entity.
V. Should Grantee continue to provide Cable Services after the expiration of this Franchise and
Grantor has activated a PEG channel, Grantee will continue to provide support of PEG Access
as detailed in this Section 6.5.
D. Additional Financial Support for PEG Access
The commitments outlined in sections I-II below will be contingent upon Grantor's decision to initiate
PEG Channel(s) with all wireline cable providers in the community and Grantee's cable system is
operational. If that happens, then Grantor will provide Grantee with written notice of its intent to
activate PEG channel(s), consistent with the terms of this Franchise Agreement. Once that occurs,
Grantee will pay the below obligations no later than One Hundred Twenty (120) days from the time
of notice by Grantor.
After the Grantor has established the operation of a PEG access channel, if the Grantor fails to
provision six (6) months of continuous broadcasting of the PEG Access channel, Grantee may
discontinue paying all Support in this Subsection D upon One hundred twenty (120) days written
notice.
L Grantee will pay a one-time fee in the amount of Twenty Thousand Dollars ($20,000.00) to
contribute towards legally allowable PEG costs.
II. Grantee will pay a quarterly fee in the amount of two thousand two hundred fifty dollars
($2,250) per quarter. The payments will be remitted on the same schedule and subject to the
same conditions as the franchise fees. Grantor's access channel(s) will air sponsorship
announcements over the Access channel(s). Sponsorship announcements will not be produced
or edited by Grantor. However, the announcements must be approved by Grantor and will
conform to the FCC rules and regulations for noncommercial use.
III. Grantee will pay its pro rata share of studio/office space for any PEG Access Provider(s) as
long as such space is not located within building owned by Grantee. Such cost(s)will be equally
shared among all wireline cable providers.
E. Access Support not Franchise Fees
So long as PEG support funds are used in a manner consistent with applicable federal law,the Grantee
agrees that financial support for Access arising from or relating to the obligations set forth in Section
6.5 will in no way modify or otherwise affect the Grantee's obligations to pay Franchise fees to the
Grantor. Unless allowed under federal law, the Grantee agrees that although the sum of Franchise
fees and the payments set forth in this Section may total more than five percent(5%) of the Grantee's
Gross Revenues in any twelve (12) month period, the additional PEG support commitments in this
Section 6.5, will not be offset or otherwise credited in any way against Franchise fee payments under
this Franchise Agreement.
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Exhibit A
F. Change in Technology
L In the event Grantee makes any changes in the Cable System and related equipment and
facilities or in Grantee's signal delivery technology, which directly or indirectly affects the
signal quality or transmission of Access Programing, Grantee will, at Grantee's sole expense
take necessary technical steps or provide necessary equipment at its facilities to ensure that the
capabilities of Access Providers or Access Programmers are not diminished, or adversity
affected by such change. Grantor or its Designated Access providers will be responsible for
acquisition of necessary equipment at their respective facilities.
11. In accordance with this Section 6.5, the Grantee, in the event of connecting PEG for Grantor,
will be required to provide connections as described herein to its headend wherever the headend
may be located or relocated. Without limiting the foregoing, in the event Grantee alters its Cable
System (including by relocating its headend), Grantee will be responsible for replacing or
restoring all connections at Grantee's sole cost consistent with applicable law so that all the
functions and capacity remain available, operate reliably, and satisfy all applicable technical
standards without additional cost to the Grantor or Designated Access
G. Technical Quality
L Grantee will maintain all upstream and downstream Access Channels and interconnections of
Access Channels at the same or better level of technical quality and reliability provided for its
Residential Network and required by this Franchise and all other applicable laws, rules, and
regulations for Residential Subscriber Channels.
11. Grantee will have no responsibility for the technical production quality of the Access
Programing distributed on the Access Channels.
III. The Grantee will not cause any Programming other than emergency alert signals to override
Access Programming on any Access Channel, except by specific written permission from the
Grantor, its Designated Access provider or other duly appointed designee.
6.6 Complimentary Cable Service to Public Buildings/Schools
The Parties agree that at the effective date of this agreement Grantee will not have service available to
residential, commercial, schools, or government agencies; due to the time needed for Grantee to build out
its cable system. Consequently, the Parties agree that complimentary cable service accounts are not an
immediate condition of the franchise agreement.
A. The Parties agree that when Grantee's Cable system is operational, and if allowed by applicable law,
Grantee will provide, at no cost to Grantor: One (1) outlet of basic and digital economy tier (or its
functional equivalent) programming and any equipment necessary to receive such services, to each
and every public use building, as designated by Grantor, including all Emergency Operation Centers,
Libraries and Public Schools, passed by Grantee's system. Those portions of buildings that house
prison and/or jail populations will be excluded from receiving complimentary services.
B. Grantee and Grantor agree that should Grantee, as provided for by applicable law,be allowed to deduct
the value of such services from franchise fees, or Grantor can pay for services:
L Grantee will give Grantor one hundred twenty (120)days' notice of its intent to off-set franchise
fees by the value of such services. Grantor may opt to keep services and accept the off-set,pay
for the services, or cancel services.
11. Grantee and Grantor agree that services will be valued at the lowest rate available. For
illustration and not limitation the lowest rate could be the bulk rate, municipal price, or other.
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Exhibit A
The Parties agree that the FCC's regulations regarding complimentary services are currently under
review. Should this review, or other action result in a change to federal law, both parties agree to abide
by federal law.
7. FRANCHISE REGULATION AND CUSTOMER SERVICE STANDARDS
7.1 Intent
It is the intent of the Grantor to administer and enforce the provisions of this Franchise. Grantor may
lawfully delegate all or a part of its administrative and regulatory authority under this Franchise to an
agency designated by the Grantor.
7.2 Areas of Regulation and Administration
The Grantor (or its designee) has authority for regulation in the following areas:
A. Administering and enforcing the provisions of this Franchise Agreement, including the adoption of
administrative rules and regulations to carry out this responsibility.
B. Coordination of the operation of Public, Educational and Government Access Channels (PEG).
C. Interfacing the Grantee's technical, programming and operational assistance and support to public
agency users, such as City departments, Schools and health care institutions.
D. Formulating and recommending long-range cable communications policy of Grantor for the City.
E. Disbursing and utilizing franchise revenues paid to the Grantor.
F. Regulating rates, to the extent permitted by law.
G. Customer service, to the extent permitted by law.
H. Planning and facilitating development of public, education and government access programming,
both within the City and through interconnection with adjacent systems.
L All other areas as provided by the Cable Act
Nothing in this Section 7.2 is intended or will be interpreted to expand Grantee's scope of authority
authorized by state and federal law.
7.3 Administration and Regulation
A. Authority. Grantor is vested with the power and right to regulate the exercise of the privileges
permitted by this Agreement in the public interest, or to delegate that power and right, or any part
thereof, to the extent permitted under state and local law, to any agent, in its sole discretion.
B. Rates and Charges. All of Grantee's rates and charges related to or regarding Cable Service will be
subject to regulation by Grantor to the full extent authorized by applicable federal, state and local
laws.
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Exhibit A
C. Rate Discrimination. All of Grantee's rate and charges will be published (in the form of a publicly
available rate card) and will be nondiscriminatory as to all Persons and organizations of similar
classes, under similar circumstances and conditions. Grantee will apply its rates in accordance with
governing law, without regard to race, color, familial, ethnic or national origin, religion, age, sex,
sexual orientation, martial, military status or physical or mental disability, or geographic location in
the Franchise Area to the extent required by applicable law.
D. Rate Discrimination Prohibited. Grantee will apply non-discriminatory rates and charges to all
Subscribers purchasing similar services, regardless of race, color, creed, sex, marital or economic
status, age,national origin, or sexual preference, except as otherwise provided herein;provided that
nothing in this Franchise will prevent the Grantee from establishing discounted rates and charges for
low-income Subscribers or elderly Subscribers, or from temporarily reducing or waiving rates and
charges in connection with promotional campaigns.
E. Filing of Rates and Charges. Throughout the term of this Agreement, Grantee will maintain on file
with Grantor a complete schedule of applicable rates and charges for Cable Services provided under
this Agreement.
F. The provisions of this Section 7.3 will be subject to the provisions of 47 U.S.C. Section 543 (Section
623 of the Cable Act), as amended from time to time. It is not intended that this Section expand or
diminish the rights of the Grantor and Grantee in relation to regulation of rates and charges under
those provisions of the Act, and any provision of this Section or of any other provision of this
Franchise that purports to expand or diminish such rights will be deemed superseded by those
provisions of the Act.
7.4 Remedies for Franchise Violations/Revocation
A. Authority.
L If the Grantor believes that the Grantee has failed to preform any obligation under this Franchise or
has failed to perform in a timely manner, and Grantor wishes to impose damages as afforded under
applicable law or seek revocation under Section 7, Grantor will notify Grantee in writing, stating
with reasonable specificity the nature of the alleged violation. Grantee will have a Cure Period
following receipt of such notice to:
a. Response to the Grantor, contesting Grantor's assertion that a violation has occurred and request
a hearing in accordance with Section 7.4.D;
b. Cure the violation; or
c. Notify the Grantor, in writing that Grantee cannot cure the violation within the Cure Period due
to the nature of the violation and notify the Grantor, in writing what steps the Grantee will take
to cure the violation including to Grantee's projected completion date for such cure. In such
case, the Grantor will within 30 (thirty) days of receipt of such response either:
i. Accept Grantee's plan and schedule for curing the violation; or
ii. Set a hearing in accordance with 7.4.13.
The Cure Period, for purposes of Section 7, will be thirty (30) days, unless Grantor specifies a longer
cure period, and except that in cases of emergency, or repeat violation within any 3 (three) month
period, the Grantor may set a reasonable shorter Cure Period.
If a Grantee fails to demonstrate to the reasonable satisfaction of Grantor that no violation exists, or if
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Exhibit A
Grantee fails to correct the violation within the time prescribed, or if a Grantee is unable to correct the
violation and fails to commence corrective action within the time prescribed and to diligently remedy
such violation thereafter, the Grantee will then be given written notice of not less than thirty (30) days
of a public hearing to be held before the City Council, pursuant to Section 7A.E. of this Franchise.
Said notice will indicate with reasonable specificity the violation alleged to have occurred.
B. Plan for Cure. In the event that the Grantee notifies the Grantor that it cannot cure the violation within
the Cure Period and proposes a plan and schedule cure for which is not acceptable by the Grantor,
Grantor may, within 30 (thirty) days of Grantee's receipt of such notice, set a hearing before the City
Council. At the hearing, Grantor will review and determine whether the Grantee has taken reasonable
steps to cure the violation and whether the Grantee's proposed plan and completion date for cure are
reasonable. In the event such plan and completion date are determined by mutual consent to be
reasonable, the same may be approved by Grantor, who may waive all or part of the applicable
damages for such extended cure period in accordance with the criteria set forth in 7.4.F.
C. Imposition of Applicable Damages. In the event that the Grantee fails to cure the violation within the
Cure Period, or within an extended cure period approved by the Grantor pursuant to 7.4.13,the Grantor
may impose applicable damages or revoke this Franchise in accordance with the Section 7, but may
do so only in accordance with the requirements of this Section, only after it holds a hearing before
City Council to determine what damages, if any, or revocation, will be applied. Any such applicable
damages will not begin to accrue until after the initial Cure Period has expired.
D. Contest of Violation. In the event that the Grantee contests the Grantor's assertion that a violation has
occurred and request a hearing in accordance with Section 7A.A.1 above,the Grantor will set a hearing
within sixty(60)days of the Grantor's receipt of the hearing request to determine whether the violation
has occurred, and if a violation is found to have occurred, what remedies under this Section 7, will be
applied.
E. Opportunity to Be Heard. In the case of any hearing pursuant to this Section 7.4, Grantor will notify
Grantee of the hearing is writing at least thirty (30) days prior to the hearing date. At the hearing,
Grantee will be provided an opportunity to be heard, examine Grantor's witnesses, and to present
evidence in its defense. The Grantor may also hear any other Person interested in the subject and may
provide additional hearing procedures as Grantor deems appropriate. After the hearing is closed,
Grantor will issue writing findings and a decision based on the evidence presented.
F. Nature of Remedies. If after the hearing, Grantor determines that a violation exists, Grantor may use
one or more of the following remedies:
L Order Grantee to correct or remedy the violation with a reasonable time frames as Grantor will
determine;
11. Revoke this Franchise, subjectto Sections 7.4 and 11.1;
III. Pursue and other legal or equitable remedy available under this Franchise or other applicable law.
Nothing contained in this Section 7.4 will be deemed to prevent either party from appealing the decision
to a higher court.
7.5 Remedies Not Exclusive
Except as provided in Section 7.4, Grantor has the right to apply any one or any combination of the
remedies provided for in this Franchise, including without limitation all remedies provided for in this
Section 7, and may without limitation pursue any rights, remedies or actions that it may have in law or
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Exhibit A
equity regardless of whether they are specifically mentioned in this Franchise.
7.6 Customer Service Standards
Grantee will comply with all applicable customer service standards established in the Cable Act or federal
rules and regulations, including but not limited to FCC Rules and Regulations, Part 76, Subpart H and
Subpart T, and Grantor has the authority to enforce such standards. Nothing in this Section will limit the
rights of the Grantor to establish additional or different standards in accordance with federal law and
regulations.
7.7 Customer Service and Telephone Responsiveness
A. Customer Service and Telephone Availability
L Grantee will maintain a store within 20 (twenty) miles of the City limits. The office must be
staffed 40 hours per week, and Grantee will be able to respond to subscribers and the public
not less than 40 hours per week during normal business hours,plus at least 8 weekend or
evening hours.
a. During the hours the office is open, Grantee's staff will be able to respond in at least, but
not limited to
i. Accept payments (in cash, by check, or card),
ii. Exchange or accept returned equipment, and
iii. Respond to inquires.
II. Grantee will maintain a toll-free number to receive all calls and inquiries from Subscribers in
the Franchise Area and/or residents regarding Cable Service. Grantee representatives trained
and qualified to answer questions related to Cable Service in the Service Area must be available
to receive reports of Service Interruptions twenty-four(24)hours a day, seven(7)days a week,
and such representatives will be available to receive all other inquiries at least forty-five (45)
hours per week including at least one night per week and/or some weekend hours. Grantee
representatives will identify themselves by name when answering this number.
III. Grantee may use an Automated Response Unit ("ARU") or a Voice Response Unit ("VRU")
to distribute calls. If a foreign language routing option is provided, and the Subscriber does not
enter an option, the menu will default to the first tier menu of English options.
IV. Under Normal Operating Conditions, as described in 7.7. II, calls received by the Grantee will
be answered within thirty (30)seconds during Normal Business Hours. The Grantee will meet
this standard for ninety percent(90%)of the calls it receives at call centers receiving calls from
Franchise Area Subscribers, as measured on a cumulative Quarterly calendar basis.
Measurement of this standard will include all calls received by the Grantee at all call centers
receiving calls from Subscribers, whether they are answered by a live representative, by an
automated attendant, or abandoned after thirty (30) seconds of call waiting. If the call needs
to be transferred, transfer time will not exceed thirty (30) seconds.
V. Under Normal Operating Conditions, callers to the Grantee will receive a busy signal no more
than three (3%)percent of the time during any calendar Quarter.
VI. Upon written request during a given calendar Quarter, forty-five (45) days following the end
of each Quarter, the Grantee will report to Grantor, the following for all call centers receiving
calls from Subscribers except for temporary telephone numbers setup for national promotions:
a. Percentage of calls answered within thirty (30) seconds as set forth in 7.7.IV; and
b. Percentage of time Subscribers received a busy signal when calling the Grantee's service
center as set forth in Section 7.7.V.
VII. At the Grantee's option,the measurements and reporting above may be changed from calendar
quarters to billing or accounting quarters one time during the term of this Agreement. Grantee
will notify Grantor of such a change not less than thirty (30) days in advance.
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Exhibit A
B. Installations and Service Appointments
L All installations will be in accordance with FCC rules,including but not limited to, appropriate
grounding/bonding, connection of equipment to ensure reception of Cable Service, and the
provision of required consumer information and literature to adequately inform the Subscriber
in the utilization of Grantee-supplied equipment and Cable Service.
11. The Standard Installation will be performed within seven (7) business days of Subscriber
request. Grantee will meet this standard for ninety-five percent (95%) of the Standard
Installations it performs, as measured on a calendar quarter basis, excluding those requested
by the Subscriber outside of the seven (7) day period.
III. Upon written request during a given calendar Quarter, Grantee will provide Grantor with a
report noting the percentage of Standard Installations completed within the seven (7) day
period, excluding those requested outside of the seven(7)day period by the Subscriber for that
quarter. Subject to consumer privacy requirements,underlying activity will be made available
to Grantor for review upon reasonable request.
IV. At Grantee's option, the measurements and reporting above may be changed from calendar
quarters to billing or accounting quarters one time during the term of this Agreement. Grantee
will notify Grantor of such a change not less than thirty (30) days in advance.
V. Grantee will offer Subscribers "appointment window" alternatives for arrival to perform
installations, Service Calls and other activities of a maximum four (4) hours scheduled time
block during appropriate daylight available hours, usually beginning at 8:00 AM unless it is
deemed appropriate to begin earlier by location exception. At Grantee's discretion, Grantee
may offer Subscribers appointment arrival times other than these four(4) hour time blocks, if
agreeable to the Subscriber.
VI. Grantee must provide for the pick up or drop off of equipment free of charge in one of the
following manners: (i)by having a Grantee representative go to the Subscriber's residence, (ii)
by using a pre-paid mailer. If requested by a mobility-limited Subscriber, the Grantee will
arrange for pickup and/or replacement of converters or other Grantee equipment at
Subscriber's address, at no cost to Subscriber, or by a satisfactory equivalent.
C. Service Interruptions and Outages
Grantee will promptly notify Grantor of any Significant Outage of the Cable Service.
L Grantee will exercise commercially reasonable efforts to limit any Significant Outage for the
purpose of maintaining, repairing, or constructing the Cable System. Except in an emergency
or other situation necessitating a more expedited or alternative notification procedure, Grantee
may schedule a Significant Outage for a period of more than four(4)hours during any twenty-
four(24)hour period only after Grantor and each affected Subscriber in the Service Area have
been given at least 3 (three) days prior notice of the proposed Significant Outage.
Notwithstanding the foregoing, Grantee may perform modifications, repairs and upgrades to
the System preferably between 12:01 a.m. and 6 a.m., so as to minimize service disruption to
Customers.
11. Grantee representatives who are capable of responding to Service Interruptions must be
available to Respond twenty-four(24) hours a day, seven (7) days a week.
III. Under Normal Operating Conditions, Grantee must Respond to a call from a Subscriber
regarding a Service Interruption or other service problems within the following time frames:
a. Within twenty-four(24) hours, including weekends, of receiving Subscriber calls about
Service Interruptions in the Service Area.
b. Grantee must begin actions to correct all other Cable Service problems the next business
day after notification by the Subscriber or Grantor of a Cable Service problem.
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Exhibit A
IV. Under Normal Operating Conditions, Grantee will complete Service Calls within seventy-two
(72) hours of the time Grantee commences to Respond to the Service Interruption, not
including weekends and situations where the Subscriber is not reasonably available for a
Service Call to correct the Service Interruption within the seventy-two (72) hour period.
V. Grantee will meet the standard in this Section for ninety percent(90%) of the Service Calls it
completes, as measured on a Quarterly basis.
VI. Upon written request during a given calendar Quarter, Grantee will provide Grantor with a
report within forty-five (45) days following the end of each calendar quarter, noting the
percentage of Service Calls completed within the seventy-two (72) hour period, not including
Service Calls where the Subscriber was reasonably unavailable for a Service Call within the
seventy-two (72) hour period as set forth in this Section. Subject to consumer privacy
requirements,underlying activity will be made available to Grantor for review upon reasonable
request.
VII. Under Normal Operating Conditions, Grantee will provide a credit upon Subscriber request
when all Channels received by that Subscriber experience the loss of picture or sound for a
period of four (4) consecutive hours or more. The credit will equal, at a minimum, a
proportionate amount of the affected Subscriber(s) current monthly bill_ In order to qualify for
the credit, the Subscriber must promptly report the problem and allow Grantee to verify the
problem if requested by Grantee. If Subscriber availability is required for repair, a credit will
not be provided for such time, if any, that the Subscriber is not reasonably available.
VIII. Under Normal Operating Conditions, if a Significant Outage affects all Video Programming
Cable Services for more than twenty-four(24) consecutive hours, Grantee will automatically
issue a credit to the affected Subscribers in the amount equal to their monthly recurring charges
for the proportionate time the Cable Service was out, or a credit to the affected Subscribers in
the amount equal to the charge for the basic plus enhanced basic level of service for the
proportionate time the Cable Service was out, whichever is technically feasible or, if both are
technically feasible, as determined by Grantee, provided such determination is non-
discriminatory. Such credit will be reflected on Subscriber billing statements within the next
available billing cycle following the outage.
D. Subscriber Complaints Referred by Grantor
Under Normal Operating Conditions, Grantee will begin investigating Subscriber complaints
referred by Grantor within twenty-four(24) hours. Grantee will notify Grantor of those matters that
require more than seventy-two (72)hours to resolve,but Grantee must make all necessary efforts to
resolve those complaints within ten(10)business days of the initial complaint. Grantor may require
Grantee to provide reasonable documentation to substantiate the request for additional time to
resolve the problem. Grantee will inform Grantor in writing, which may be by an electronic mail
message, of how and when referred complaints have been resolved within a reasonable time after
resolution. For purposes of this Section, "resolve" means that Grantee will perform those actions,
which, in the normal course of business, are necessary to investigate the Subscriber's complaint and
advise the Subscriber of the results of that investigation.
E. Billing
L Subscriber bills must be itemized to describe Cable Services purchased by Subscribers and related
equipment charges. Bills will clearly delineate activity during the billing period, including optional
charges,rebates, credits, and aggregate late charges. Grantee will without limitation as to additional
line items,be allowed to itemize as separate line items, Franchise fees,taxes,PEG fees, and/or other
governmental-imposed fees. Grantee will maintain records of the date and place of mailing of bills.
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Exhibit A
Grantee will provide an example of subscribers' invoice, to Grantor with quarterly franchise fee
payments. Confidential information may be redacted.
II. Grantee will provide a telephone number and address clearly and prominently on the bill for
Subscribers to contact Grantee.
III. Grantee will provide a copy of any rate-related or customer service-related billing inserts or other
mailings related to Cable Service, but not promotional materials, sent to Subscribers, to Grantor.
F. Deposits, Refunds and Credits
L Under Normal Operating Conditions, refund checks to subscribers will be issued within the next
available billing cycle following the resolution of the event giving rise to the refund, (e.g. equipment
return and final bill payment).
II. Under Normal Operating Conditions, Credits for Cable Service will be issued no later than the
Subscriber's next available billing cycle. Such approval and processing will not be unreasonably
delayed.
III. Bills will be considered paid when appropriate payment is received by Grantee or its authorized
representative. Appropriate time considerations will be included in Grantee's collection procedures
to assure that payments due have been received before late notices or termination notices are sent.
a. If subscribers accidentally remit a payment to Grantor, Grantor will notify Grantee and forward
payment to Grantee. If such notice is received by Grantor before the due date, such payment will
be considered on time.
G. Rates, Fees and Charges
L Grantee will not,except to the extent expressly permitted by law,impose any fee or charge for Service
Calls to a Subscriber's premises to perform any repair or maintenance work related to Grantee
equipment necessary to receive Cable Service, except where such problem is caused by a negligent
or wrongful act of the Subscriber (including, but not limited to a situation in which the Subscriber
reconnects Grantee equipment incorrectly) or by the failure of the Subscriber to take reasonable
precautions to protect Grantee's equipment(for example, a dog chew).
II. Grantee will provide reasonable notice to Subscribers of the possible assessment of a late fee on bills
or by separate notice. Such late fees are subject to ORS 646.649.
H. Disconnection/Denial of Service
L Cable Service terminated in error must be restored without charge within twenty-four (24) hours of
notice. If a Subscriber was billed for the period during which Cable Service was terminated in error,
a credit will be automatically issued to the Subscriber.
II. Nothing in these standards will limit the right of Grantee to deny Cable Service for non-payment of
previously provided Cable Services, refusal to pay any required deposit, theft of Cable Service,
damage to Grantee's equipment, abusive and/or threatening behavior toward Grantee's employees or
representatives, or refusal to provide credit history information or refusal to allow Grantee to validate
the identity, credit history and credit worthiness via an external credit agency.
III. Charges for Cable Service will be discontinued at the time of the requested termination of service by
the Subscriber, except equipment charges may be applied until equipment has been returned. No
period of notice prior to requested termination of service can be required of Subscribers by Grantee.
No charge will be imposed upon the Subscriber for or related to total disconnection of Cable Service
or for any Cable Service delivered after the effective date of the disconnect request unless there is a
delay in returning Grantee equipment or early termination charges apply pursuant to the Subscriber's
service contract. If the Subscriber fails to specify an effective date for disconnection, the Subscriber
will not be responsible for Cable Services received after the day following the date the disconnect
request is received by Grantee. For purposes of this subsection, the term "disconnect" will include
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Exhibit A
Subscribers who elect to cease receiving Cable Service from Grantee and to receive Cable Service or
other multi-channel video service from another Person or entity.
IV. If by reason of force majeure the Grantee is unable to provide service to the subscriber, or the
subscriber is unable to utilize wireline cable services, charges for such services will be discontinued
at the time of the force majeure event.
I. Communications with Subscribers
L Grantee will comply with federal regulations including, but not limited to:
a. 47 C.F.R. §76.952(a). Providing Grantor's information to Subscribers
b. 47 U.S.C. §551. Privacy rights of Subscribers.
II. Grantee will provide information to all Subscribers about each of the following items at the time of
installation of Cable Services, annually to all Subscribers or in hard copy format to Grantor, at any
time upon request, and, subject to this Section, at least thirty (30) days prior to making significant
changes in the information required by this Section if within the control of Grantee:
a. Products and Cable Service offered;
b. Prices and options for Cable Services and condition of subscription to Cable Services. Prices
will include those for Cable Service options, equipment rentals,program guides, installation,
downgrades, late fees and other fees charged by Grantee related to Cable Service;
C. Installation and maintenance policies including, when applicable, information regarding the
Subscriber's in-home wiring rights during the period Cable Service is being provided;
d. Channel positions of Cable Services offered on the Cable System;
e. Complaint procedures, including the name, address, and telephone number of Grantor, but
with a notice advising the Subscriber to initially contact Grantee about all complaints and
questions;
f. Procedures for requesting Cable Service credit;
g. The availability of a parental control device;
h. Grantee practices and procedures for protecting against invasion of privacy; and
i. The address and telephone number of Grantee's office to which complaints may be reported.
III. All Grantee personnel, contractors and subcontractors contacting Subscribers or potential
Subscribers outside the office of Grantee will wear a clearly visible identification card bearing their
name and photograph. Grantee will make reasonable efforts to account for all identification cards
at all times. Every service vehicle of Grantee and its contractors or subcontractors will be clearly
identified as such to the public. Specifically, Grantee vehicles will have Grantee's logo plainly
visible. The vehicles of those contractors and subcontractors working for Grantee will have the
contractor's/subcontractor's name plus markings(such as a magnetic door sign)indicating they are
under contract to Grantee.
IV. All notices identified in this Section to subscribers will be by either:
a. A separate document included with a billing statement or included on the portion of the
monthly bill that is to be retained by the Subscriber; or
b. A separate electronic notification.
III. Grantee will provide reasonable notice to Subscribers and Grantor of any pricing changes or
additional changes (excluding sales discounts, new products or offers) and, subject to the forgoing,
any changes in Cable Services, including Channel line-ups. Such notice must be given to
Subscribers a minimum of thirty (30) days in advance of such changes if within the control of
Grantee. If the change is not within Grantee's control, Grantee will provide an explanation to
Grantor of the reason and expected length of delay. Grantee will provide a copy of the notice to
Grantor including how and where the notice was given to Subscribers.
VIII. Notices of changes in rates will indicate the Cable Service new rates and old rates, if applicable.
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Exhibit A
IX. Notices of changes of Cable Services and/or Channel locations will include a description of the new
Cable Service, the specific Channel location, and the hours of operation of the Cable Service if the
Cable Service is only offered on a part-time basis. In addition, should the Channel location, hours
of operation, or existence of other Cable Services be affected by the introduction of a new Cable
Service, such information must be included in the notice.
X. Every notice of termination of Cable Service will include the following information:
a. The name and address of the Subscriber whose account is delinquent;
b. The amount of the delinquency for all services billed;
C. The date by which payment is required in order to avoid termination of Cable Service; and
d. The telephone number for Grantee where the Subscriber can receive additional information
about their account and discuss the pending termination.
8. GENERAL FINANCIAL AND INSURANCE PROVISIONS
8.1 Compensation
A. Franchise Fee.
As compensation for the Franchise to be granted, and in consideration of permission to use the Streets
and Public Ways of the Grantor for the construction, operation, and maintenance of a Cable System
providing Cable services,within the Franchise Area and to defray the costs of Franchise regulation,the
Grantee will pay to Grantor an amount equal to five percent(5%) of Gross Revenues. In the event any
law or valid rule or regulation applicable to this Franchise limits franchise fees below or above the five
percent (5%) of Gross Revenues required herein, the Grantee agrees to and will pay the maximum
permissible amount and, if such law or valid rule or regulation is later repealed or amended to limit a
higher or lower permissible amount, then Grantee will pay the higher or lower amount up to the
maximum allowable by law.
Grantor and Grantee agree that the sum of Franchise fee and additional commitment set forth elsewhere
in this Franchise may total more than five percent(5%) of Grantee's Gross Revenue in any twelve(12)
month period. If allowed under Federal Law and with written 60 (sixty) day notice to Grantor, Grantee
may offset or deduct the amount allowed by law from Grantee's payment of franchise fees. Grantee's
notice to Grantor will provide Grantor detailed and specific information on amounts claimed as credits
or offsets.
Within thirty (30) days of a request from Grantor, Grantee will make available an up-to-date list of all
Affiliates receiving Gross Revenues as such revenues are defined in this Franchise.
B. Bundling
If Cable Services subject to the Franchise fee required under this Franchise are provided to Subscribers
in conjunction with non-Cable Services, Grantee will not allocate revenue between Cable Services and
non-Cable Services for the purpose or with the intent of evading or substantially reducing Grantee's
Franchise fee obligations to Grantor.
C. Payment of Franchise Fees
L Payments due under this Section will be computed and paid quarterly, for the preceding quarter,
as of March 31, June 30, September 30, and December 31. Each quarterly payment will be due
and payable no later than thirty (30) days after the dates listed in the previous sentence. At the
time of quarterly payment, the Grantee will submit a report to the Grantor, verified by an officer
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170
Exhibit A
of Grantee, which will contain an accurate statement of all Gross Revenues related to operation
of the cable system franchised hereunder, in sufficient detail to enable the Grantor to verify the
accuracy of franchise fee payments. Grantee will provide additional information request by
Grantor within 15 days, if so requested by Grantor, at no cost to Grantor.
11. No acceptance of any payment will be construed as accord that the amount paid is in fact the
correct amount, nor will such acceptance of payment be construed as a release of any claim
Grantor may have for further or additional sums payable under the provisions of this Franchise.
All amounts paid will be subject to audit and re-computation by Grantor.
III. Payments received after the due date specified in this section 8.LC will be subject to Penalties
and Interest as specified in Woodburn's Utility Service Ordinance, section 14, heretofore or
hereafter amended.
IV. Payment of the franchise fees under this Agreement will not exempt Grantee from the payment
of any generally applicable license,permit fee or other generally applicable fee, tax or charge on
the business, occupation, property or income of Grantee in connection with the operation of the
Cable System that may be imposed by Grantor.
8.2 Faithful Performance Bond
A. Within sixty (60) days after the Effective Date of this Franchise, the Grantee will furnish proof of
the posting of a faithful performance bond running to the Grantor, with good and sufficient surety
approved by the Grantor in the penal sum of Three hundred and fifty thousand dollars($350,000.00),
conditioned that the Grantee will well and truly observe,fulfill, and perform each term and condition
of this Franchise. Such bond will be in a form acceptable to the Grantor and maintained by the
Grantee throughout the term of this Franchise.
B. Grantee will pay all premiums charged for any bond required under Section 8.2(A), and unless the
Grantor specifically directs otherwise,will keep the same in full force and effect at all times through
the later of either:
L The remaining term of this Franchise; or
11. If required by the Grantor,the removal of all of Grantee's system installed in Grantor's Streets
and Public Ways.
C. The bond will contain a provision that it will not be terminated or otherwise allowed to expire
without thirty (30) days written notice first given to the Grantor. The bond will be subject to the
approval of the Grantor as to its adequacy under the requirements of Section 8.2. During the term
of the bond, Grantee will file with the Grantor a duplicate copy of the bond along with written
evidence of payment of the required premiums unless the bond otherwise provides that the bond will
not expire or be terminated without thirty (30) days prior written notice to the Grantor.
D. In a form approved by the Grantor,the Grantee may provide an irrevocable letter of credit, guaranty
in lieu of bond, or other form of financial assurance in lieu of a faithful performance bond. The
alternative form of financial assurance will give the Grantor substantially the same rights and
guarantees provided by a faithful performance bond.
8.3 Damages and Defense
A. The Grantee agrees and covenants to defend, indemnify and hold harmless the Grantor, and its
officers, agents, employees and representatives, from and against any and all claims, damages, loss,
liability, cost or expense, including expert witness and other consultants, court and appeal costs and
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171
Exhibit A
penalties, including but not limited to attorney fees or expenses, including without limitation,
copyright infringement, defamation and all other damages, arising out of any reason of any
construction, excavation, operation, maintenance, reconstruction or any other act done by the
Grantee within the Franchise Area, whether or not any act or omission complained of is authorized,
allowed, or prohibited by this Franchise, except to the extent such claims, damages and penalties are
caused by the negligent or grossly negligent acts or omissions of the Grantor, its officers, agents and
employees. Grantor will give Grantee prompt written notice of any claim which Grantee will defend
with counsel of its own choosing and no settlements or compromise of any such claim will be done
without the prior written approval of the Grantor. Grantee will consult and cooperate with the
Grantor while conduction its defense of the Grantor and the Grantor will fully cooperate with
Grantee and Grantee's counsel. Nothing in this Section 8.3 will be deemed to limit the Grantors
option to hire its own counsel.
B. If the Grantee fails to defend as required in Section 8.3(A), then the Grantee agrees to and will pay
all expenses incurred by Grantor, and its officers, agents, employees, and representatives, in
defending itself with regard to all claims,damages and penalties mentioned in Section 8.3(A). These
expenses will include all out-of-pocket expenses, such as attorney fees,witness fees and costs at trial
and appeal, and will also include the value of any services rendered by any employees or contractors
of the Grantor.
8.4 Liability Insurance and Indemnification
A. The Grantee will maintain automobile and Worker's Compensation insurance, as well as public
liability and property damage insurance,that protects the Grantee and the Grantor, its officers, agents
and employees, from any and all claims for damages or personal injury including death, demands,
actions and suits brought against any of them arising from operations under this Franchise or in
connection therewith, as follows.
B. The insurance will provide coverage at all times for not less than $2,000,000 for personal injury to
each person, $2,000,000 aggregate for each occurrence, and $1,000,000 for each occurrence
involving property damages,plus costs of defense: or a single limit policy of not less than$2,000,000
covering all claims per occurrence, plus costs of defense. The insurance will be equal to or better
than commercial general liability insurance.
The minimum amounts of insurance set out in subsection(B)of this Section will be subj ect to change
from time to time to the extent necessary to provide coverage at least as great as the limits on the
City's liability under the Oregon Tort Claims Act.
The evidence of coverage for Workers' Compensation will show that it includes State of Oregon
Statutory Limits, and Employer's Liability limits of at least $2,000,000.
Any insurance carrier will have an A.M.Best rating of"A"or better, or a Best Financial Performance
Rating of"T' or better and be authorized to do business in the State of Oregon.
C. The insurance will be without prejudice to coverage otherwise existing and will name as additional
insureds the City and its officers, agents, and employees. Notwithstanding the naming of additional
insureds, the insurance will protect each insured in the same manner as though a separate policy had
been issued to each, but nothing herein will operate to increase the insurer's liability as set forth
elsewhere in the policy beyond the amount or amounts for which the insurer would have been liable
33
172
Exhibit A
if only one person or interest had been named as insured. The coverage must apply as to claims
between insureds on the policy.
D. The insurance will provide that the insurance will not be canceled or materially altered so as to be
out of compliance with the requirements of this Section 8.4 without thirty (30) days written notice
first being given to the City. If the insurance is canceled or materially altered so as to be out of
compliance with the requirements of this Section 8.4 within the term of this Franchise, Grantee will
provide a replacement policy. Grantee agrees to maintain continuous uninterrupted insurance
coverage, in the amounts required, for the duration of this Franchise.
E. Grantee will maintain on file with the City a certificate of insurance certifying the coverage required
above,which certificate will be subj ect to the approval of the City as to the adequacy of the certificate
and of the insurance certified under the requirements of this Section 8.4.
The certificate will show that the general liability portion of the insurance includes:
L Broad form property damage;
11. Products and completed operations;
HI. Explosion, collapse, and underground exposures;
IV. Contractual liability; and
V. Owners and contractors protective coverage.
F. Failure to maintain adequate insurance as required under this Section 8.4 will be cause for immediate
termination of this Franchise by the City subject to Grantee's right to cure as provided in Section
7.4.
G. The Grantee will also indemnify, defend and hold harmless the Grantor and its officers, agents and
employees for any and all claims for damages or personal injury which exceed the limits of insurance
provided for in this Section arising from operations of the Grantee within the Franchise area.
9. RIGHTS RESERVED TO GRANTOR
9.1 Grantor Acquisition of the Cable System
The parties will be subject to the provisions of 47 U.S.C. 547 (Section 627 of the Cable Act), as amended
from time to time. It is not intended that this Agreement diminish the rights of either the Grantor or the
Grantee under Section 627 of the Act, and any provision of this Agreement that purports to diminish such
rights will be deemed superseded by the Act.
9.2 Right to Perform Franchise Audit or Review
The Grantor will have the right to perform, or cause to have performed, a formal and/or informal audit or
review of the Grantee's books and records and, for the specific purposes of Franchise enforcement effort,
the books and records of any parent or Affiliate company, for the purpose of determining the Gross
Revenues of the Grantee generated in any manner through the operation of the Cable System under this
Franchise and the accuracy of amounts paid as franchise and PEG fees to the Grantor by the Grantee for
the provision of Cable Services within the Franchise Area, provided that any audit must be commenced
not later than three (3)years after the date on which fees for any period being audited were due. The cost
of any such audit will be borne by the Grantor, except that if through the audit it is established that the
Grantee has made underpayment of two percent(2%) or more in fees that are required by this Franchise,
then the Grantee will, within thirty (30) days of being requested to do so by the Grantor, reimburse the
34
173
Exhibit A
Grantor for all expenses of performing the audit, to a maximum of$30,000 (thirty thousand dollars).
Grantee will provide, at Grantee's sole expense any records requested by the Grantor for the purposes of
an audit or review.
Nothing in this Section implies or will be interpreted to limit or waive any rights of the Grantor or its legal
recourse through the courts to obtain records necessary to the enforcement of this franchise.
9.3 Right of Inspection of Construction
The Grantor or its representatives will have the right to inspect all construction or installation work
performed pursuant to the provision of this Franchise Agreement and to make such tests as it will find
necessary to ensure compliance with the terms of this Franchise, other pertinent provisions of law, and
other rules or regulations of the Grantor.
9.4 Intervention
The Grantee will not hinder the Grantor's lawful intervention in any suit or proceeding to which the
Grantee is a party which may have a direct adverse effect upon the construction, upgrade, maintenance or
operation of the Cable System.
9.5 Right to Require Removal of Property
At the expiration of the term for which the Franchise is granted providing no renewal is granted, or upon
its revocation, as provided for herein, and subject to Grantee's rights under Section 626 of the Cable Act,
the Grantor will have the right to require the Grantee to remove, at Grantee's own expense, all or any part
of the Cable System from all Streets and Public Ways within the Franchise Area. If the Grantee fails to
do so within 120 (one hundred twenty) days of Grantor's request, or within a mutually agreed to longer
period of time as agreed to by both parties, then the Grantor may perform the work and collect the cost
thereof from the Grantee. The actual cost thereof, including direct and indirect administrative costs, will
be a lien upon all plant and property of the Grantee effective upon placement in the lien books of the
Grantor. Notwithstanding the other provisions of this section, the Grantee, by written notice to the
Grantor,may request that Grantor allow the Cable System to remain in place. Grantor may deny Grantee's
request and require Grantee to remove the above ground Cable System facilities from the Streets and
Public Ways or modify the Cable System to protect the public health, welfare, safety, and convenience,
or otherwise serve the public interest. The parties agree that Grantee has the right to abandon its
underground cable facilities.
9.6 Inspection of Facilities
Grantor may inspect upon request any of the Grantee's facilities and equipment to confirm compliance
with this Agreement at any time upon at least twenty-four (24) hours' notice, during regular business
hours, or in case of an emergency, upon demand without prior notice.
10. RIGHTS OF INDIVIDUALS PROTECTED
10.1 Discriminatory Practices Prohibited
A. The Grantee will not deny service, deny access, or otherwise unlawfully discriminate against
Subscribers or persons on the basis of race, color, religion, national origin, sexual orientation, sex,
age, disability, income, or, except as otherwise provided herein,the area in which such person lives.
The Grantee will comply at all times with all applicable federal, state, or local laws, rules and
35
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Exhibit A
regulations relating to nondiscrimination.
B. The Grantee will use best efforts to assure maximum practical availability of Grantee's services and
facilities to all Subscribers, regardless of disability, including the provision of a remote-control
device to those Subscribers who are mobility limited, or where a member of the Subscriber's
household is mobility limited.
C. For hearing impaired customers,the Grantee,upon request,will provide information concerning the
cost and availability of equipment to facilitate the reception of basic service for the hearing impaired.
In addition, the Grantee must have TDD/TTY (or equivalent) equipment at the company office, and
a publicly listed telephone number for such equipment, that will allow hearing impaired customers
to contact the company.
D. Upon request by a Subscriber or potential Subscriber, the Grantee will make a reasonable effort to
provide information required under this franchise, or otherwise provided in the normal course of
business, in both English and the primary language of the requestor.
E. Nothing in this subsection 10.1 will be construed to prohibit: 1)the temporary reduction or waiving
of rates and charges in conjunction with promotional campaigns; or 2) Grantee from offering
reasonable discounts to senior citizens or discounts to economically disadvantaged residents.
10.2 Unauthorized Monitoring or Cable Tapping Prohibited
The Grantee will not,nor will Grantee allow any other person, agency, or entity to Tap, or arrange for the
Tapping, of any cable, line, signal input device, or Subscriber outlet or receiver for any purpose
whatsoever, without the Subscriber's written consent or a valid court order or a valid request from a law
enforcement agency permitting the Tapping.
Grantee may Tap a cable, line, Signal input device or Subscriber outlet or receiver to 1) determine the
number of viewers watching a program where the identities of the viewers are not determined; 2)perform
Cable System maintenance and verify technical performance; and 3)identify theft of services,without the
Subscriber's written consent.
10.3 Privacy and Other Rights
The Grantee and the Grantor will maintain constant vigilance with regard to possible abuses of the right
of privacy and any other civil right of any Subscriber or Person resulting from any device or signal
associated with Cable Service. The Grantee will not utilize two-way communication capability of the
Cable System for unauthorized or illegal Subscriber surveillance of any kind.
10.4 Permission of Property Owner Required
No cable, line, wire, amplifier, converter, or other piece of equipment owned by the Grantee will be
installed by the Grantee without first securing the written permission of the owner or tenant of any property
involved except where there is an existing utility easement or other easement reserved by plat or other
conveyance. If such permission or easement is later lawfully revoked, whether by the original or a
subsequent owner or tenant or Grantor, the Grantee will remove forthwith on request of the owner or
tenant any of its equipment and promptly restore the property to its original condition. The Grantee will
perform all installations and removals in a workmanlike manner and will be responsible for any damage
to residences or other property caused by the installation.
36
175
Exhibit A
10.5 Sale of Subscriber Lists and Personalized Data Prohibited
The Grantee is be subject to 47 U.S.0 Section 551 (Section 631 of the Cable Act), as amended from time
to time, regarding limitations on the cable company's collection and use of personally identifiable
information, and other issues involving the protection of Subscriber privacy.
11. TERMINATION AND EXPIRATION
11.1 Grantor's Rights in Lieu of Revocation
The Grantor may, at its sole discretion, take any lawful action which it deems appropriate to enforce the
Grantor's rights under the Franchise in lieu of revocation of the Franchise.
The parties agree that the limitation of Grantor liability set forth in 47 U.S.C. § 555a, as may be amended,
is applicable to this Agreement.
11.2 Expiration
Upon expiration of this Franchise, the parties will abide by the renewal provisions of the Cable Act, as
amended from time to time.
11.3 Continuity of Service Mandatory
It will be the right of all Subscribers to receive all available services insofar as their financial and other
obligations to the Grantee are honored. In the event that the Grantee elects to rebuild, modify, or sell the
Cable System the Grantee will make its best effort to ensure that all Subscribers receive continuous
uninterrupted service.
12. OPERATION AND MAINTENANCE
12.1 Open Books and Records
The Grantor will have the right as necessary or desirable for effectively administering and enforcing the
Franchise, to inspect at any time upon reasonable notice all records of the Grantee which relate to the
operation of the Cable System, provision of Cable Service, or the Grantee's performance under this
Franchise. Access to such records will be maintained or made available at no cost to the Grantor within
the Franchise Area during normal business hours if maintained locally, or, if not available locally,
provided within ten (10) days of notice from the Grantor requesting such records at an agreed upon
location within the Franchise Area. Access to the aforementioned records will not be denied by the
Grantee to representatives of the Grantor on the basis that said records contain"proprietary information,"
nor on the basis that they contain trade secrets. To the extent allowed under Oregon law, the Grantor will
protect proprietary information including trade secrets of the Grantee from disclosure.
The Grantee will also provide, upon request and reasonable notice, in the manner set forth in this Section
the following information: (a) for the specific purpose of a bona fide audit or enforcement effort being
conducted by the Grantor, the true and entire cost of construction, upgrade and replacement of plant and
equipment for the cable system authorized under this franchise;the true and entire cost of the maintenance,
administration and operation of the cable system, including any operations or revenue generated from the
cable system by any parent company or affiliate within the Franchise Area indicated or implicated as direct
or indirect revenue to the Grantee from the provision of Cable Services within the Franchise Area; and (b)
the amount collected by the Grantee from Subscribers of Cable Services of the Grantee's Cable System
37
176
Exhibit A
under this Franchise and other information necessary to verify compliance with this Franchise or other
ordinances of the Grantor.
Within 45 (forty-five) days of written request, Grantee will provide to Grantor, at no cost to Grantor, any
information that allows Grantor to easily and sufficiently verify compliance with all the requirements of
this Franchise.
12.2 Communication with Regulatory Agencies
A list and copies of all material written petitions, applications, communications, and reports submitted by
the Grantee, and also by any Affiliate, to the Federal Communications Commission, Securities and
Exchange Commission, or any other federal or state regulatory commission or agency having jurisdiction
in respect to any matters affecting Cable Services or the Cable System in the Franchise Area pursuant to
this Franchise Agreement, will be submitted to the Grantor upon request. In addition, copies of any
communications to and from any regulatory agency pertaining to any alleged, apparent or acknowledged
violation of an applicable rule or law of the agency related to or affecting Cable Services or the Cable
System within the Franchise Area, will be immediately submitted to the Grantor, if the communications
are to or from the Grantee, or upon written request from the Grantor if the communications are to or from
an Affiliate.
12.3 Reports
A. Quarterly Reports. Upon written request by the Grantor,within thirty (30)days after the end of each
fiscal quarter, Grantee will provide outage reports, summary statistics on patterns of complaints or
service problems, and other customer service information, provided that such information may be
reasonably generated by the Grantee. Grantee will not be required to maintain any reports,regarding
this section 12.3 (A), for a period longer than 24 months.
B. Annual Report. No later than ninety (90) days following the end of the Grantee's fiscal year each
year, Grantee will present, upon request, a written report to the Grantor which will include:
L Financial reports that are normally prepared for the Grantee for the previous calendar year,
including gross revenues from all sources, gross Subscriber revenues from each category of
service, as well as an income statement, statement of cash flow, and a balance sheet.
11. A summary of the previous year's activities including, but not limited to, monthly Subscriber
totals in each category and new services.
All financial reports required under this subsection will be presented to the Grantor accompanied by such
notes and explanations as are required or requested by Grantor to fully and easily understand the reports.
Such notes and explanations will include, but not be limited to, an explanation of any and all deductions
made from Gross Revenues for the calculation of franchise fees to be paid to the Grantor.
C. Monitoring and Compliance Reports. Upon request written,the Grantee will provide a written report
of technical performance tests for the Cable System required by applicable FCC rules and regulations
as now or hereinafter constituted. In addition, the Grantee will upon request provide reports of the
test and compliance procedures established by this Franchise Agreement, Grantee will not be
required to maintain any reports, regarding this section 12.3 (C), for a period longer than twenty-
four(24) months.
D. All reports and records required under this or any other Section will be furnished to Grantor at the
sole expense of Grantee.
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Exhibit A
12.4 Safety
A. The Grantee will, at all times, employ the standard of care attendant to the risks involved and will
install and maintain in use commonly accepted methods and devices for preventing failures and
accidents which are likely to cause damage, injury, or nuisance to the public or to employees of the
Grantor.
B. The Grantee will install and maintain its wires, cable, fixtures, and other equipment, including the
drop to the Subscriber's premise, in accordance with the requirements of the National Electrical
Safety Code, industry standards, and in such manner that they will not interfere with the installations
of any public utility.
C. All lines, equipment and connections in, over, under, and upon either the Streets and Public Ways
of Grantor or private property within boundaries of Grantor,wherever situated or located,will at all
times be kept and maintained in a safe and suitable condition, and in good order and repair.
13. MISCELLANEOUS PROVISIONS
13.1 Compliance with Laws
The Grantee will comply with all federal and state laws and regulations, including regulations, rules and
orders of any administrative agency thereof, as well as all general ordinances, resolutions, rules and
regulations of the Grantor heretofore or hereafter adopted or established during the entire term of this
Franchise. If, any such federal or state laws, rules or regulations; or ordinances, resolutions, rules and
regulations of the Grantor hereafter adopted or established be in conflict or interfere with the existing
rights of the Grantee or Grantor under this Franchise, Grantee and Grantor will work together and find a
mutually acceptable resolution.
13.2 Severability and Preemption
Notwithstanding the provisions of Section 13.7 below, if any section, subsection, sentence, clause,phrase,
term, provision, condition, covenant, or portion of this Franchise Agreement is for any reason held to be
invalid or unenforceable by any court of competent jurisdiction, or superseded by state or federal
legislation, rules, regulations or decision, the remainder of this Franchise will not be affected thereby but
will be deemed as a separate, distinct and independent provision, and such holding will not affect the
validity of the remaining portions hereof,and each remaining section, subsection, sentence, clause,phrase,
provision, condition, covenant and portion of this Franchise will be valid and enforceable to the fullest
extent permitted by law.
If any material provision of this Franchise is for any reason held invalid or unenforceable by any court of
competent jurisdiction, or superseded by state or federal law, rules, regulations or decision so that the
intent of these provisions is frustrated, the parties agree to immediately negotiate replacement provisions
to fulfill the purpose and intent of the superseded provisions consistent with applicable law.
In the event that federal or state laws, rules or regulations preempt a provision or limit the enforceability
of a provision of this Franchise,then the provision will be read to be preempted only to the extent and for
the time required by law. In the event such federal or state law,rule or regulation is subsequently repealed,
rescinded, amended or otherwise changed so that the provision hereof that had been preempted is no longer
preempted, such provision will thereupon return to full force and effect, and will thereafter be binding on
the parties hereto, without the requirement of further action on the part of the City, and any amendments
39
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Exhibit A
to this Franchise negotiated pursuant to this Section as a result of such provision being preempted will no
longer be of any force or effect.
13.3 Captions
The captions to Sections throughout this Franchise Agreement are intended solely to facilitate reading and
reference to the Sections and provisions contained herein. Such captions will not affect the meaning or
interpretation of this Franchise Agreement.
13.4 No Recourse Against the Grantor
Grantee's recourse against the City of Woodburn,its officers, agents and employees,for any claim arising
from any provision or requirement of this Franchise, will be limited as prescribed by applicable laws,
rules and regulations as in effect from time to time including without limitation the restrictions set forth
in 47 USC & 555a, the Local Government Antitrust Immunity Act and sovereign immunity. Except as
provided under applicable law, the Grantee will have no recourse whatsoever against the Grantor or its
officials, boards, commissions, or employees for any loss, costs, expense, or damage arising out of any
provision or requirement contained herein, or in the event this Franchise Agreement or any part thereof is
determined to be invalid.
13.5 Nonenforcement by Grantor
The Grantee will not be relieved of its obligations to comply with any of the provisions of this Franchise
Agreement by reason of any failure of the Grantor to enforce prompt compliance.
13.6 Force Majeure
If by reason of force maj eure the Grantee is unable in whole or in part to carry out its obligations hereunder,
the Grantee will not be deemed in violation or default during the continuance of such inability. The term
"force majeure" as used herein will include the following: acts of God; strikes, lockouts or other industrial
disturbances; acts of public enemies; orders of the government of the United States of America, or of the
State of Oregon, or their departments, agencies, political subdivisions, or officials; acts of any civil or
military authority; insurrections; riots; epidemics; landslides; earthquakes; lightning; fires; hurricanes;
volcanic activity; storms; floods; washouts; droughts; restraint of government and people; civil
disturbances; explosions; partial or entire failure of utilities; documented work delays caused by waiting
for utility providers to service or monitor utility poles to which Grantee's facilities are attached and
documented unavailability of materials and/or qualified labor to perform the work necessary; and similar
occurrences outside the control of the Grantee. The Grantee agrees, however, to give its best efforts to
remedy as soon as possible,under the circumstances,the cause or causes preventing Grantee from carrying
out its responsibilities and duties under this Franchise Agreement.
13.7 Entire Agreement
This Franchise Agreement contains the entire agreement between the parties, supersedes all prior
agreements or proposals except as specifically set forth herein, and cannot be changed orally but only by
an instrument in writing executed by the parties.
13.8 Consent
Wherever the consent or approval of either the Grantee or the Grantor is specifically required in this
Agreement, such consent or approval will not be unreasonably withheld.
13.9 Notices and Time Limit for Grantee Communications
Grantee will provide any written communication required by this Franchise within thirty (30) days of
being requested to do so by the Grantor, in each case in which no other specific minimum time limit for a
40
179
Exhibit A
communication is identified in the Franchise.
13.10 Consistency of Franchise with Cable Act
The parties intend and believe that all of the provisions hereof are consistent with and permitted by the
Cable Act.
13.11 Notice
Any notice provided for under this Franchise will be sufficient if in writing and delivered personally to
the following addressee or deposited in the United States mail, postage prepaid, certified mail, return
receipt requested, addressed as follows, or to such address as the receiving party specifies in writing:
If to the City: City of Woodburn
Attn: ROW Manager
270 Montgomery St.
Woodburn, OR 97222
If to the Grantee: Comcast of Oregon, I, Inc.
Attn: Government Affairs
11309 SW 681h Parkway
Tigard, OR 97223
13.12 Public Disclosure
Subject to the Oregon Public Records Law,whenever pursuant to this Franchise Agreement, Grantee will
make available for inspection by the Grantor or submit to the Grantor reports containing information
considered confidential and/or proprietary by the Grantee, the Grantor will not disclose or release such
reports or information to the public without Grantee's written consent, provided that each page of such
report or information is clearly marked as confidential and/or proprietary.
13.13 Time is of the Essence
Whenever this Agreement sets forth a time for any act to be performed by Grantee,such time will be deemed
to be of the essence.
13.14 Reservation of Rights
Notwithstanding any provision to the contrary, the parties reserve any and all rights at law or in equity
regarding any enforcement proceeding or other matters hereunder.
IN WITNESS WHEREOF, the City has executed this Agreement on the date set forth below and Grantee will
execute this Agreement by submission of the executed Acceptance required in Section 3.7.
CONSIDERED and APPROVED this day of 2020.
CITY OF WOODBURN
By:
Title:
41
180
Exhibit A
EXHIBIT A: ACCEPTANCE
ROW Manager
City of Woodburn
This is to advise the City of Woodburn, Oregon (the "Grantor") that Comcast of Oregon I, Inc. (the "Grantee")
hereby accepts the terms and provisions of Ordinance No. passed by the City Council on
(the "Franchise") granting a Franchise for five (5) years to Grantee. The Grantee agrees to abide by each and
every term of the Franchise.
By executing and returning this acceptance form, the Grantee also attests that there are no parent corporations of
Grantee apart from Comcast of Oregon I, Inc.
COMCAST OF OREGON I, INC.
BY:
TITLE:
DATE:
42
181
V '4" qCqd4 item
8U
March 22, 2021
TO: Honorable Mayor and City Council through City Administrator
FROM: Chris Kerr, Community Development Director
Dan Handel, AICP, Associate Planner
SUBJECT: Annexation of Approximately 73 Acres of Territory Known as Weisz
Family Properties (ANX 2020-04)
RECOMMENDATION:
Adopt the ordinances annexing the subject property and designating City
zoning.
BACKGROUND:
On February 22, 2021 , the City Council opened a public hearing for the
Annexation and Zoning Map Change application package (ANX 2020-04 & ZC
2020-03) by Mackenzie on behalf of Specht Woodburn LLC for the territory
known as the Weisz Family Properties. The territory includes Tax Lots
052W140000200, 600, and 800 (no assigned addresses), totaling approximately
73 acres of undeveloped farmland, as well as portions of Butteville Road and
Parr Road rights-of-way.
After opening the public hearing, the Council voted to continue the hearing at
date certain of March 8, 2021 . On March 8, after closing the public hearing, the
City Council motioned to grant tentative approval to the application package
and directed staff to submit ordinances for consideration.
DISCUSSION:
Annexation is a policy decision by the Council.
Decision-making hinges upon the annexation criteria in Woodburn
Development Ordinance (WDO) 5.04.01C. The attached Analyses & Findings
document from the Planning Commission staff report of January 14, 2021
addressed them and found them met.
Agenda Item Review: City Administrator_x_ City Attorney_x Finance_x-
182
Honorable Mayor and City Council
March 22, 2021
Page 2
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 Gross Estimate of City
Value (AV) Property Tax (6.0534 mils)
052W 140000200 $13,170 $79.72
052W 140000600 $20,090 $121 .61
052W 140000800 $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 . Ordinance to annex
A. Exhibit A: Legal Descriptions & Maps
B. Exhibit B: Analyses & Findings
2. Ordinance to designate City zoning
A. Exhibit A: Legal Descriptions & Maps
183
COUNCIL BILL NO. 3145
ORDINANCE NO. 2586
AN ORDINANCE ANNEXING APPROXIMATELY 73.08 ACRES OF TERRITORY
KNOWN AS THE WEISZ FAMILY PROPERTIES INTO THE CITY OF WOODBURN
WHEREAS, the subject properties are owned by Weisz Family LLC, and
are legally described and mapped in Exhibit "A", which is affixed hereto and
by this reference incorporated herein; and
WHEREAS, the subject properties are Marion County Tax Lots
052W 140000200, 052W 140000600, and 052W 140000800; and
WHEREAS, consistent with Oregon Revised Statutes (ORS) 222.1 1 1 (2) the
owner of real property in the territory to be annexed initiated by petition a
proposal for annexation, a copy of the petition being on file with the City
Recorder (ANX 2020-04); and
WHEREAS, the applicant, Specht Development Co., obtained written
consent from the owners of the territory and has requested annexation of the
subject property; and
WHEREAS, the properties to be annexed are within the City Urban
Growth Boundary (UGB); and
WHEREAS, the properties to be annexed are contiguous to the City and
can be served with City services; and
WHEREAS, on January 14, 2021 the Woodburn Planning Commission
considered the annexation application and, after a duly advertised public
hearing, recommended approval of the annexation; and
WHEREAS, on February 22, 2021 , the Woodburn City Council opened a
public hearing and continued the hearing until date certain of March 8, 2021 ;
and
WHEREAS, the Woodburn City Council continued the public hearing on
March 8, 2021 , reviewed the record, heard all public testimony presented on
said application, and upon deliberation concluded that the proposed
annexation meets the applicable approval criteria under City of Woodburn
Development Ordinance (WDO) 5.04.01 C.; NOW, THEREFORE,
Page - 1 - Council Bill No. 3145
Ordinance No. 2586
184
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. That the subject properties, legally described and mapped in
Exhibit "A", are annexed to the City of Woodburn.
Section 2. That the City Council adopts the Analysis & Findings, affixed hereto
as Exhibit "B" and by this reference incorporated herein.
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 - 2 - Council Bill No. 3145
Ordinance No. 2586
185
Exhibit A - Page 1 of 4
ANNEXATION EXHIBIT MAP
LOCATED IN THE NW AND SW 1/4 OF SECTION 13 AND THE NE AND
SE 1/4 OF SECTION 14, TOWNSHIP 5 SOUTH, RANGE 2 WEST, W.M.,
CITY OF WOODBURN, MARION COUNTY, OREGON
S8817'54"E 1248.13'
I ANNEXATION
BOUNDARY >>Q.
ANNEXATION
PARCEL 3
REEL 1666 PAGE 370
BOUNDARY "'0III
RECORDED: JANUARY 28, 2000
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PREPARED FOR: JOB NAME: WOODBURN
— NORTHWEST 1815 NW 169th PLACE,
JOB NUMBER: 1824
SPECK DEVELOPMENT INC. SUITE 2090
10260 SW GREENBURG ROAD BEAVERTON, OR 97006
SUITE 170 DRAWING NUMBER: 1824 ANNEX PHONE:503-848-2127
PORTLAND, OR 97223 FAX:503-848-2179
DRAWN BY: CDW URVEYING, Inc. nwsurveying@nwsrvy.com
CHECKED BY: CHS
186
'Northwest Exhibit A - Page 2 of 4
REGISTERED
PROFESSIONAL
1815 NW 169'Place,suite 2090 LAND SURVEYOR
Beaverton,OR 97006
Telephone: 503-848-2127
OREGO
Annexation Description JANUARY 15, 2002
H.
Weisz Family LLC (West) CLINTO 554699LLSU8BS JR.
September 30,2020 RENEWS: 06/30/22
NWS Project Number 1824
Page 1 of 1
A tract of land located in the northeast one-quarter and southeast one-quarter of Section 14,
Township 5 South,Range 2 West,Willamette Meridian,Marion County, Oregon, and being more
particularly described as follows:
Commencing at the southeast corner of the Hubert Petit Donation Land Claim No. 59, said point
being marked by a 3 inch brass disk in a monument case located at the centerline-centerline
intersection of Butteville Road and Le Brun Road;Thence along the centerline of said Le Brun
Road,North 88°00'24"West 30.00 feet to a point on the westerly right-of-way line of Butteville
Road(30.00 feet westerly from the centerline thereof,when measured at right angles)and the Point
of Beginning.
Thence along the westerly right-of-way line of said Butteville Road,North 01°59'25"East 747.88
feet to its intersection with the westerly extension of the south line of Lot 5 of 1-5 Logistics
Center"; Thence departing the westerly right-of-way line of Butteville Road along said westerly
extension and continuing along the southerly line of said Lot 5, South 88°17'54"East 1248.13 feet
to the most southerly southeast corner thereof, said point being on the westerly right-of-way line of
Interstate Highway No. 5 (174.00 feet westerly from the centerline thereof,when measured at right
angles);Thence along the westerly right-of-way line of said Interstate Highway No. 5, South
37°28'32"West 1757.74 feet to its intersection with the southerly line of Parcel 1 described in a
deed to Weisz Family LLC recorded on January 28,2000 as Reel 1666, Page 370,Marion County
Deed Records;Thence departing the westerly right-of-way line of Interstate Highway No. 5 along
the southerly line of said Parcel 1 and continuing along the westerly extension thereof,North
88°08'02"West 260.53 feet to its intersection with the westerly right-of-way line of said Butteville
Road(variable in width); Thence along the westerly right-of-way line of said Butteville Road the
following four courses,North 05°34'22"East 123.49 feet; Thence North 01°59'47"East 200.00
feet; Thence North 09'07'17"East 201.56 feet; Thence North 01'59'47"East 154.41 feet to the
Point of Beginning.
The above described tract of land contains 24.41 acres,more or less.
The basis of bearings for this description is the Oregon State Plane Coordinate System,North Zone,
NAD 83.
187
Exhibit A - Page 3 of 4
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TAX LOT 700 VOL 455, PAGE 645
” Io moo MAP 05-2W-14 RECORDED:
SEPTEMBER 29, 1953
PREPARED FOR: JOB NAME: WOODBURN
NORTHWEST 1815 NW 169th PLACE,
JOB NUMBER: 1824
SPECK DEVELOPMENT INC. SUITE 2090
10260 SW GREENBURG ROAD BEAVERTON, OR 97006
SUITE 170 DRAWING NUMBER: 1824 ANNEX PHONE:503-848-2127
PORTLAND, OR 97223 FAX:503-848-2179
DRAWN BY: CDW URVEYING, Inc. nwsurveying®nwsrvy.com
CHECKED BY: CHS
188
Exhibit A - Page 4 of 4
Northwest
=PROFESSIONALL
1815 NW 169 'Place,suite 2090 R
Beaverton,OR 97006
Telephone: 503-848-2127
ZU:
,
Annexation Description OREGON
JANUARY 15, 2002
Weisz Family LLC (East) ClaNTO 55469LSH. BBS JR.
September 30, 2020 RENEWS: 06/30/22
NWS Project Number 1824
Pagel of 1
A tract of land located in the northwest and southwest one-quarter of Section 13 and the northeast
and southeast one-quarter of Section 14,Township 5 South, Range 2 West,Willamette Meridian,
Marion County, Oregon, and being more particularly described as follows:
Beginning at a 5/8 inch iron rod with a yellow plastic cap stamped"Wilhelm ENG OR LS 2413",
Located at the southeast corner of Lot 36 of"Paradise Pointe", said point also being on the north
line of that property described as Parcel 11 in a deed to Weisz Family LLC Recorded on January
28,2000 as Reel 1666,Page 370,Marion County Deed Records;Thence along the southerly line of
said Paradise Pointe, South 87°57'22"East 74.00 feet to the southeast corner thereof, said point
being on the westerly line of that property described in a deed to George Cherepanov recorded on
November 3,2009 in Reel 3121,Page 50,Marion County Deed Records;Thence along the
westerly line of said Cherepanov property and continuing along the southerly extension thereof,
South 02°15'41"West 1025.51 feet to an angle point on the centerline of Parr Road NE; Thence
along the easterly extension of the northerly line of that property described as Parcel 12 in said
Weisz Family LLC deed, and continuing along the northerly line of Parcel 12 and Parcel 5 of said
deed,North 87°57'22"West 2152.19 feet to a point on the easterly line of that property described
in a deed to the State of Oregon recorded on September 29, 1953 in volume 455,page 645,Marion
County Deed Records; Thence along the easterly line of said State of Oregon property,North
01 042'33"East 953.70 feet to a point on the southeasterly right-of-way line of Interstate Highway
No. 5 (100.00 feet southeasterly of the centerline thereof,when measured at right angles); Thence
along the southeasterly right-of-way line of said Interstate Highway No. 5,North 37°28'32"East
88.14 feet to the southwest corner of that property described in a deed to the City of Woodburn
recorded on November 30,2009 in Reel 3127,Page 97,Marion County Deed Records, said point
also being the most northerly northwest corner of said Parcel 11;Thence along the northerly line of
said Parcel 11, South 87°57'22"East 2036.55 feet to the Point of Beginning.
The above described tract of land contains 50.74 acres,more or less.
The basis of bearings for this description is the Oregon State Plane Coordinate System,North Zone,
NAD 83.
189
EXHIBIT B
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
Requirement (or guideline) not applicable No action needed
Section references are to the ��,��,�)„��„�,�„r;�;�,,,,,, ,��`�,�",lo.j�„� „�”,�;�,;� ��,�;�)„u„n.a.�;i,�;,�',,,,,,,(,
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
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For context, the comprehensive plan land use map designations and zoning are illustrated
below and the zoning is tabulated further below:
alll II
lllllllll �, �'�
Comprehensive Plan Map with
subject properties outlined in
purple.
IIII III II III IIS IIII
Zoning Map with subject properties
outlined in purple.
I ,- - - II VIII IIII IIII VIII IIII IIII IIII VIII IIII IIII VIII IIII IIII IIII IIII IIII IIII VIII VIII IIII IIII IIII IIII VIII VIII VIII IIII VIII IIII IIII VIII IIII VIII IIII 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
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Statutory Dates
Application Completeness December 3, 2020
120-Day Final Decision April 2, 2021 per Oregon Revised Statutes (ORS) Z.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 5.04. 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.
r'p 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
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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 2.0513;
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;
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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.
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 2.05.06 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.
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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:
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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.
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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.
5.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.
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
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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
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COUNCIL BILL NO. 3146
ORDINANCE NO. 2587
AN ORDINANCE DESIGNATING ZONING TO APPROXIMATELY 73.08 ACRES OF
ANNEXED TERRITORY KNOWN AS THE WEISZ FAMILY PROPERTIES AS SOUTHWEST
INDUSTRIAL RESERVE (SWIR) ZONING DISTRICT
WHEREAS, the subject properties are owned by Weisz Family LLC, and
are legally described and mapped in Exhibit "A", which is affixed hereto and
by this reference incorporated herein; and
WHEREAS, consistent with Oregon Revised Statutes (ORS) 222.1 1 1 (2) the
owner of real property in the territory to be annexed initiated by petition a
proposal for annexation, a copy of the petition being on file with the City
Recorder (ANX 2020-04); and
WHEREAS, because the subject properties are already within the
Woodburn Urban Growth Boundary (UGB), they have an existing
Comprehensive Plan map land use designation of Industrial and are within the
Southwest Industrial Reserve (SWIR) overlay; and
WHEREAS, the landowner as applicant requested that, consistent with
Woodburn Development Ordinance (WDO) 5.04.01 E., the City designate the
annexed territory as Southwest Industrial Reserve (SWIR), which is the one
zoning district that is consistent with the Comprehensive Plan per Policy Table
1 ; and
WHEREAS, this zoning designation is contingent upon annexation of the
subject property to the City of Woodburn, for which the applicant has
petitioned and filed the petition with the City Recorder; and
WHEREAS, on January 14, 2021 the Woodburn Planning Commission
considered the annexation application and, after a duly advertised public
hearing, recommended approval of the annexation; and
WHEREAS, on February 22, 2021 , the Woodburn City Council opened a
public hearing and continued the hearing until date certain of March 8, 2021 ;
and
WHEREAS, the Woodburn City Council continued the public hearing on
March 8, 2021 , reviewed the record, heard all public testimony presented on
said application, and upon deliberation concluded that the proposed
Page - 1 - Council Bill No. 3146
Ordinance No. 2587
199
annexation meets the applicable approval criteria under City of Woodburn
Development Ordinance (WDO) 5.04.01 C.; and
WHEREAS, the City Council agenda item cover memo mentioned that
zoning designation follows annexation, compatibility of the SWIR district, and
applicant acceptance of SWIR designation; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Upon the effective date of the annexation enacted by Ordinance
2586 being considered contemporaneously with this request, the Woodburn
Zoning Map is amended designating the zoning on the subject properties
described and mapped in Exhibit "A" as Southwest Industrial Reserve (SWIR).
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 - 2 - Council Bill No. 3146
Ordinance No. 2587
200
Exhibit A - Page 1 of 4
ANNEXATION EXHIBIT MAP
LOCATED IN THE NW AND SW 1/4 OF SECTION 13 AND THE NE AND
SE 1/4 OF SECTION 14, TOWNSHIP 5 SOUTH, RANGE 2 WEST, W.M.,
CITY OF WOODBURN, MARION COUNTY, OREGON
S8817'54"E 1248.13'
I ANNEXATION
BOUNDARY >>Q.
ANNEXATION
PARCEL 3
REEL 1666 PAGE 370
BOUNDARY "'0III
RECORDED: JANUARY 28, 2000
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PREPARED FOR: JOB NAME: WOODBURN
— NORTHWEST 1815 NW 169th PLACE,
JOB NUMBER: 1824
SPECK DEVELOPMENT INC. SUITE 2090
10260 SW GREENBURG ROAD BEAVERTON, OR 97006
SUITE 170 DRAWING NUMBER: 1824 ANNEX PHONE:503-848-2127
PORTLAND, OR 97223 FAX:503-848-2179
DRAWN BY: CDW URVEYING, Inc. nwsurveying@nwsrvy.com
CHECKED BY: CHS
201
'Northwest Exhibit A - Page 2 of 4
REGISTERED
PROFESSIONAL
1815 NW 169'Place,suite 2090 LAND SURVEYOR
Beaverton,OR 97006
Telephone: 503-848-2127
OREGO
Annexation Description JANUARY 15, 2002
H.
Weisz Family LLC (West) CLINTO 554699LLSU8BS JR.
September 30,2020 RENEWS: 06/30/22
NWS Project Number 1824
Page 1 of 1
A tract of land located in the northeast one-quarter and southeast one-quarter of Section 14,
Township 5 South,Range 2 West,Willamette Meridian,Marion County, Oregon, and being more
particularly described as follows:
Commencing at the southeast corner of the Hubert Petit Donation Land Claim No. 59, said point
being marked by a 3 inch brass disk in a monument case located at the centerline-centerline
intersection of Butteville Road and Le Brun Road;Thence along the centerline of said Le Brun
Road,North 88°00'24"West 30.00 feet to a point on the westerly right-of-way line of Butteville
Road(30.00 feet westerly from the centerline thereof,when measured at right angles)and the Point
of Beginning.
Thence along the westerly right-of-way line of said Butteville Road,North 01°59'25"East 747.88
feet to its intersection with the westerly extension of the south line of Lot 5 of 1-5 Logistics
Center"; Thence departing the westerly right-of-way line of Butteville Road along said westerly
extension and continuing along the southerly line of said Lot 5, South 88°17'54"East 1248.13 feet
to the most southerly southeast corner thereof, said point being on the westerly right-of-way line of
Interstate Highway No. 5 (174.00 feet westerly from the centerline thereof,when measured at right
angles);Thence along the westerly right-of-way line of said Interstate Highway No. 5, South
37°28'32"West 1757.74 feet to its intersection with the southerly line of Parcel 1 described in a
deed to Weisz Family LLC recorded on January 28,2000 as Reel 1666, Page 370,Marion County
Deed Records;Thence departing the westerly right-of-way line of Interstate Highway No. 5 along
the southerly line of said Parcel 1 and continuing along the westerly extension thereof,North
88°08'02"West 260.53 feet to its intersection with the westerly right-of-way line of said Butteville
Road(variable in width); Thence along the westerly right-of-way line of said Butteville Road the
following four courses,North 05°34'22"East 123.49 feet; Thence North 01°59'47"East 200.00
feet; Thence North 09'07'17"East 201.56 feet; Thence North 01'59'47"East 154.41 feet to the
Point of Beginning.
The above described tract of land contains 24.41 acres,more or less.
The basis of bearings for this description is the Oregon State Plane Coordinate System,North Zone,
NAD 83.
202
Exhibit A - Page 3 of 4
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REEL 3121, PAGE 50 ;o o c
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IIIIIIII°11111
TAX LOT 700 VOL 455, PAGE 645
” Io moo MAP 05-2W-14 RECORDED:
SEPTEMBER 29, 1953
PREPARED FOR: JOB NAME: WOODBURN
NORTHWEST 1815 NW 169th PLACE,
JOB NUMBER: 1824
SPECK DEVELOPMENT INC. SUITE 2090
10260 SW GREENBURG ROAD BEAVERTON, OR 97006
SUITE 170 DRAWING NUMBER: 1824 ANNEX PHONE:503-848-2127
PORTLAND, OR 97223 FAX:503-848-2179
DRAWN BY: CDW URVEYING, Inc. nwsurveying®nwsrvy.com
CHECKED BY: CHS
203
Exhibit A - Page 4 of 4
Northwest
=PROFESSIONALL
1815 NW 169 'Place,suite 2090 R
Beaverton,OR 97006
Telephone: 503-848-2127
ZU:
,
Annexation Description OREGON
JANUARY 15, 2002
Weisz Family LLC (East) ClaNTO 55469LSH. BBS JR.
September 30, 2020 RENEWS: 06/30/22
NWS Project Number 1824
Pagel of 1
A tract of land located in the northwest and southwest one-quarter of Section 13 and the northeast
and southeast one-quarter of Section 14,Township 5 South, Range 2 West,Willamette Meridian,
Marion County, Oregon, and being more particularly described as follows:
Beginning at a 5/8 inch iron rod with a yellow plastic cap stamped"Wilhelm ENG OR LS 2413",
Located at the southeast corner of Lot 36 of"Paradise Pointe", said point also being on the north
line of that property described as Parcel 11 in a deed to Weisz Family LLC Recorded on January
28,2000 as Reel 1666,Page 370,Marion County Deed Records;Thence along the southerly line of
said Paradise Pointe, South 87°57'22"East 74.00 feet to the southeast corner thereof, said point
being on the westerly line of that property described in a deed to George Cherepanov recorded on
November 3,2009 in Reel 3121,Page 50,Marion County Deed Records;Thence along the
westerly line of said Cherepanov property and continuing along the southerly extension thereof,
South 02°15'41"West 1025.51 feet to an angle point on the centerline of Parr Road NE; Thence
along the easterly extension of the northerly line of that property described as Parcel 12 in said
Weisz Family LLC deed, and continuing along the northerly line of Parcel 12 and Parcel 5 of said
deed,North 87°57'22"West 2152.19 feet to a point on the easterly line of that property described
in a deed to the State of Oregon recorded on September 29, 1953 in volume 455,page 645,Marion
County Deed Records; Thence along the easterly line of said State of Oregon property,North
01 042'33"East 953.70 feet to a point on the southeasterly right-of-way line of Interstate Highway
No. 5 (100.00 feet southeasterly of the centerline thereof,when measured at right angles); Thence
along the southeasterly right-of-way line of said Interstate Highway No. 5,North 37°28'32"East
88.14 feet to the southwest corner of that property described in a deed to the City of Woodburn
recorded on November 30,2009 in Reel 3127,Page 97,Marion County Deed Records, said point
also being the most northerly northwest corner of said Parcel 11;Thence along the northerly line of
said Parcel 11, South 87°57'22"East 2036.55 feet to the Point of Beginning.
The above described tract of land contains 50.74 acres,more or less.
The basis of bearings for this description is the Oregon State Plane Coordinate System,North Zone,
NAD 83.
204
COUNCIL BILL NO. 3147
RESOLUTION NO. 2167
A RESOLUTION APPROVING TRANSFERS OF FY 2020-2021 APPROPRIATIONS AND
APPROVING A SUPPLEMENTAL BUDGET
WHEREAS, ORS 294.463(1 ) permits "transfers of appropriations" within any
fund "when authorized by official resolution or ordinance of the governing body";
and
WHEREAS, ORS 294.463(2) limits "transfers of general operating contingency
appropriations to no more than fifteen (15) percent of the total appropriations of
the fund" unless adopted pursuant to a supplemental budget; and
WHEREAS, transfers made pursuant to any of the above must state the need
for the transfer, the purpose for the authorized expenditure, and the amount of
the appropriation transferred; and
WHEREAS, ORS 294.471 (1 )(a) permits supplemental budgets when "an
occurrence of condition which had not been ascertained at the time of the
preparation of a budget for the current year or current budget period which
requires a change in financial planning"; and
WHEREAS, ORS 294.473 requires the governing body to hold a public
hearing on the supplemental budget when the estimated expenditures
contained in the supplemental budget for fiscal year or budget period differ by
ten (10) percent or more of any one of the individual funds contained in the
regular budget for that fiscal year; and
WHEREAS, the transfers contained herein are made pursuant to ORS
294.463; and
WHEREAS, the supplemental budget contained herein is made pursuant to
ORS 294.471 ; and
WHEREAS, a public hearing was held March 22, 2021 on the supplemental
budget changes, NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That pursuant to the applicable ORS provisions cited above, the
City Council hereby approves the transfers of appropriations and supplemental
budget for FY 2020-21 in the amounts shown below for the purposes of funding
the CDBG, Cares Act Emergency Rental Assistance Funds.
Page 1 - COUNCIL BILL NO. 3147
RESOLUTION NO. 2167
205
SUMMARY OF PROPOSED BUDGET CHANGES
AMOUNTS SHOWN ARE REVISED TOTALS IN THOSE FUNDS BEING MODIFIED
General Fund 001
Resource Original Change Revised Requirement Original Change Revised
1 Revenue 18,969,220 450,000 19,419,220 Operating Expenses 18,969,220 450,000 19,419,220
2
Revised Total Fund Resources 19,419,220 Revised Total Fund Requirements 19,419,220
Comments: Federal Grant allocated to rental assistance&Business Oregon Grant Funds.
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 2- COUNCIL BILL NO. 3147
RESOLUTION NO. 2167
206
V '4" qCqd4 item
8U
March 22, 2021
TO: Honorable Mayor and City Council
FROM: Scott C. Derickson, City Administrator
SUBJECT: City Council Support of SB 784
RECOMMENDATION:
Consider making a motion for the City Council to support SB 784.
BACKGROUND/DISCUSSION:
Over the weekend, I was approached by PGE asking that the City Council
support SB 784, a bill currently before the Oregon Legislature. Because it is time
sensitive and the Mayor and Council President have agreed, this matter was
added to the March 22 Council meeting agenda.
Some key points of SB 784 are as follows:
• Beyond PGE's new climate goals, local governments that choose to move
faster should be able to collaborate with PGE on an accelerated
program to meet their goals.
• Many local governments in PGE's service territory have local climate
action and sustainability plans, some of which include 100% clean and
renewable community-wide electricity goals.
• SB 784 (Sections 3 & 4) enables local governments, if they choose, to work
with their utility on program design to meet their clean electricity goals
and provides clear authority to the Public Utility Commission (PUC) to
approve the program that results from the collaborative process.
• SB 784 will:
o Allow local governments to choose small and community owned
resources if they wish.
o Allow consideration of non-energy benefits like resiliency, water
savings, species protection, or local economic development.
o Allow both utility and non-utility ownership of energy resources.
Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance_x_
207
Honorable Mayor and City Council
March 22, 2021
Page 2
o Protect low-income customers in participating communities
o Minimize cost shifts to non-participating customers
It is my understanding that a PGE representative will be in attendance at the
meeting.
FINANCIAL IMPACT:
None.
Attachments:
Email from Wendy Veliz, PGE dated March 18, 2021
Customer Supported Renewable Program Flyers
Senate Bill 784
208
Heather M. Pierson
Subject: FW:Asking for support for SB 784 Bill to help cities meet their climate/energy goals by
Mon. Mar. 22
Begin forwarded message:
From:Wendy Veliz<�indy. Jlii„e; „ita fir .S2.Lm>
Date: March 18, 2021 at 8:50:27 AM PDT
................. .....................................................................................................................>
To: Scott Deric son <Scott,..l euhlic ,soar cli.woo aurirrl.or.us
...................... .......... . ....
Subject: Asking for support for SB 784 Bill to help cities meet their climate/energy goals by Mon. Mar.
22
****r Fhis email is from an t,X r1 V?RC AL.sender. Exercise rrc>'s caution when aufuening,attachments or click links from
unknownsenders or unexpected.email.
Scott,
I wanted to pass this along and ask for the City of Woodburn support of SB 784 Sections 3 and 4. This
would support the city's sustainability and/or climate action goals. Apologies for the quick turnaround
but the legislature is moving quickly and we need an indication of support by Mon. Mar. 22. Specifically,
we're asking for logo to sign onto the SB 784 letter that I have attached. Currently, Beaverton and
Hillsboro have signed onto to support.
Background:
There is a bill we have in the legislature (SB 784)that is based on cities who want to move at their own
pace to increase their use of clean energy to meet their climate and/or sustainability goals. PGE is doing a
lot to incorporate more renewables into our mix and reduce the carbon footprint of our power supply,but
some cities want to move even more quickly get to 100%renewable. PGE wants to help them and this
bill would allow that. The first attachment"Green Tariff for Local Government"provides a summary.
The opportunity here is for cities to provide their logos and"sign on to"the letter(see the second
attachment)to show the legislature they support this bill.We'd need that by Monday if this is of interest.
Here is a summary:
• Beyond PGE's new climate goals, local governments that choose to move faster should be able to
collaborate with PGE on an accelerated program to meet their goals.
• Many local governments in PGE's service territory have local climate action and sustainability
plans, some of which include 100%clean and renewable community-wide electricity goals.
• SB 784 (Sections 3 &4) enables local governments, if they choose,to work with their utility on
program design to meet their clean electricity goals and provides clear authority to the Public
Utility Commission(PUC)to approve the program that results from the collaborative process.
• SB 784 will:
o Allow local governments to choose small and community owned resources if they wish.
o Allow consideration of non-energy benefits like resiliency,water savings, species
protection, or local economic development.
o Allow both utility and non-utility ownership of energy resources.
o Protect low-income customers in participating communities
o Minimize cost shifts to non-participating customers
This is some additional information that might be helpful.
1
209
Here is the bill text(Sections 3-4 are what we're talking about here): ,B0784.
(Pim,0-1-11—C&i—s I At—L,are-a 0--Vj
Here is testimony from the mayors of Milwaukle and Beaverton.5 B 7 8 4 1 1 e a.['ng-MjjyQj
at a recent hearing.
Thank you and please let me know if you have any questions.
Thank you,
Wendy
Wendy Veliz
Hablo espaffol
Local Government Affairs Manager 1 503-929-8304
portlandgeneral.com I Follow us on social(dyortlandGeneral
An Oregon kind of energy.Energia al estilo de Oregon.
2
210
Partnering with customers on the clean energy future-
Customer Supported Renewable Program (SIB 784 Section 3, 4)
Communities expect affordable, reliable and equitable clean electricity. PGE
shares our cd our communitiesvision for this future.
In 2019, PGE began collaborating with local Cities and counties PGE serves are
governments to understand their climate action ready for clean electricity
goals, needs and values.
local governments in PGE's service
This year, we will continue this collaborative Z
process and expand the conversation to our territory have local climate action and
broader community, particularly BIPOC and sustainability plans
other under-represented communities. of these plans include 100%
5 clean and renewable community-
SB 784 (Sections 3 & 4) enables local wide electricity goals in the 2030-
governments that choose to do so to 2035 range
collaborate with their utility on program design Beyond GE's new chiii�ate goals, local
and provides clear authority to the Public Utility
Commission (PUC) to approve the program that governments that choose to move faster
should be able to collaborate with PGE on an
results from the collaborative process. accelerated program to meet their goals.
Key provisions include:
0 For the PUC to approve, the local government must adopt an ordinance or resolution that:
o Requires the community to be served with renewable or non-emitting resources.
o Identifies the role of community-based and/or resiliency projects if the local government
would like to include such projects.
o Requires protections for low-income customers.
0 The program must minimize cost-shifting to non-participating utility customers.
0 Allows the utility to potentially construct and/or purchase the output from renewable or non-
emitting resources to meet the communities need and to recover the costs of such facilities
from participating customers within the boundary of the local government with PUC oversight.
A Fall 2020 residential customer survey in Mite, Beaverton, Portland
and Multnomah County confirmed broad support for a communitywide
customer supported renewable program.
0 About 80% of respondents felt that their local government's goal of 100% clean and
renewable electricity by either 2030 or 2035 was either out right or too slow.
0 An equivalent share of respondents indicated interest in a utility program t® meetthose clean
and renewable electricity goals.
0 Respondents most strongly supported the project values of helping prat the environment
car future generations AND avails bilityto all residents and small businesses in the city,
including low and fixed-income residents.
Please join us and support customer supported renewables in SB 784!
Contact: Brooke Brownlee, 503.509.7321, broolko.brom loofto�i�=n PGE
Sunny Radcliffe, 503.869.5320,
211
Empowering Communities to Reach their Clean Energy Goals-
Customer Supported Renewable Program (SIB 784 Section 3, 4)
Cities and counties across Oregon are ready for clean electricity: Many local governments
in Oregon have climate action and sustainability plans, and others are in the process of adopting them. As
an example, five cities in PGE service territory have climate action plans that include 100% clean and
renewable community-wide electricity goals in the 2030-2035 range.
Local governments that choose to decarbonize faster should be able to collaborate
with their utility on an accelerated program to meet their goals: SB 784 (Sections 3 & 4)
enables local governments to collaborate with their utility on program design and provides clear authority to
the Public Utility Commission (PUC) to approve the resulting program.
How it works:
• First, the local government collaborates with its community and the utility to design the program.
• Next, the local government adopts an ordinance or resolution that:
• Requires the community to be served with renewable or non-emitting resources including any
specified procurement criteria.
• Identifies the role of community-based and/or resiliency projects if the local government would like to
include such projects.
• The utilityfiles the proposed program with the Oregon UC or approval in line with the collaborative
process and local government's adopted ordinance or resolution.
• Once approved, the utilitywill place participants into the program and procure resources according to
the adopted program and local government ordinance.
SIB 784 will:
• Allow local governments to chooses all and community owned resources.
• Allow consideration of non-energy benefits like resiliency,water savings,species protection,or local
economic development.
• Allow both utility and non-utility ownership of energy resources.
• Protect low-income customers in participating communities
• Minimize cost shifts to non-participating customers
111!111! 1110 01 11 qlI
q, I
LOGOS
212
81st OREGON LEGISLATIVE ASSEMBLY--2021 Regular Session
Senate Bill 784
Sponsored by Senator BEYER
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the
measure as introduced.
Authorizes public utility to seek rate recovery for operating expenses and capital costs associ-
ated with resiliency measures.
Authorizes electric company to include as part of portfolio of rate options, program of rates or
charges reflecting costs of serving retail electricity consumers within boundaries of local govern-
ments with electricity derived from renewable energy sources or paired with unbundled renewable
energy certificates.
Requires Public Utility Commission to allow recovery of certain social and environmental costs
from retail electricity consumers receiving electricity from electricity service suppliers.
Modifies certain laws related to competitive retail market for electricity.
Requires responsible contractor labor standards for large-scale renewable energy generation or
storage facilities.
1 A BILL FOR AN ACT
2 Relating to energy; creating new provisions; and amending ORS 469A.005, 469A.205, 757.247, 757.603,
3 757.607, 757.646, 757.649 and 757.659.
4 Be It Enacted by the People of the State of Oregon:
5
6 RESILIENCY
7
8 SECTION 1. Section 2 of this 2021 Act is added to and made a part of ORS chapter 757.
9 SECTION 2. (1) As used in this section:
10 (a) "Emergency" includes:
11 (A) Naturally caused and intentionally and unintentionally human-caused disruptions to
12 the provision of utility service, where the disruptions are serious, unexpected and require
13 immediate response; and
14 (B) Events specified in ORS 401.025.
15 (b) "Resiliency measure" means equipment or programs utilized by a public utility on the
16 utility's generation, transmission or distribution system, or by the utility or a customer of
17 the utility on the customer's side of the utility's metering infrastructure, that is intended
18 to:
19 (A) Provide an increased ability of the utility system to withstand and recover from a
20 major disruption in delivery or transmission of electricity, including a major disruption from
21 an emergency;
22 (B) Prepare for or adapt to changing conditions, or anticipated changed conditions, as-
23 sociated with effects of climate change or other, similar, landscape level environmental
24 changes, including assumed land use changes;
25 (C) Provide utility customers and their communities with limited or temporary utility
26 service in the event of an emergency; or
NOTE: Matter in boldfaced type in an amended section is new;matter[italic and bracketed]is existing law to be omitted.
New sections are in boldfaced type.
LC 3309
213
SB 784
1 (D) Reduce the magnitude and duration of a potentially disruptive emergency.
2 (c) "Retail electricity consumer" has the meaning given that term in ORS 757.600.
3 (2) A public utility may seek rate recovery for operating expenses and capital costs as-
4 sociated with a resiliency measure from all retail electricity consumers of the public utility
5 through a filing under ORS 757.210 to 757.220. The Public Utility Commission may allow rate
6 recovery for resiliency measures that, at a minimum:
7 (a) Increase the ability of a public facility or public service that is critically essential to
8 the public welfare, including but not limited to a fire station, public safety location, municipal
9 water facility or community-identified emergency assembly and gathering location, to con-
10 tinue to operate at some capacity during a loss of grid-supplied electricity in an emergency;
11 (b) Provide distribution system efficiencies and grid services, such as flexible load pro-
12 grams, demand management programs or dispatchable standby capacity, that operate both
13 to serve customers during normal service and can be used to assist utility operations or
14 provide utility service during emergencies;
15 (c) Provide electricity or other utility service during emergencies in microgrids or at
16 centrally located community facilities, including solar photovoltaic energy systems coupled
17 with storage or smart inverters;
18 (d) Modify existing programs designed to improve utility reliability, such as tree trim-
19 ming or pole replacement, in certain areas of the utility service territory that may be more
20 likely subject to fire or other emergencies;
21 (e) Involve different business models including utility, customer or joint ownership and
22 leasing, or
23 (f) Seek to address the needs of potentially affected communities, including low-income
24 customers, or investments that incorporate social equity and energy burden concerns.
25 (3) For purposes of implementing this section:
26 (a) Notwithstanding ORS 757.355, a resiliency measure provides utility service to cus-
27 tomers of a public utility if the resiliency measure is capable of providing the service for
28 which it was designed during an emergency.
29 (b) In determining the prudency of an investment in a resiliency measure, the commis-
30 sion shall consider, among other things:
31 (A) The cost to customers of the resiliency measure;
32 (B) The probability and potential impact of the risk to be addressed;
33 (C) Whether the investment is supported by a prioritized risk mitigation assessment; and
34 (D) Whether the resiliency measure provides benefits directly to customers and to the
35 electricity grid generally.
36 (c) If the commission authorizes a public utility to recover costs from customers for in-
37 vestments in resiliency measures, the resiliency measures must, regardless of ownership of
38 the resiliency measure and pursuant to agreement with the customer, allow the utility to
39 manage the measure for grid and emergency services.
40
41 GREEN TARIFFS FOR LOCAL GOVERNMENTS
42
43 SECTION 3. ORS 757.603 is amended to read:
44 757.603. (1)[(a) Except as provided in this subsection,] An electric company shall provide all retail
45 electricity consumers that are connected to the electric company's distribution system with a regu-
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1 lated, cost-of-service rate option.
2 [(b)] (2)(a) The Public Utility Commission by order may waive the requirement [of paragraph (a)
3 of this subsection] in subsection (1) of this section for any retail electricity consumer other than
4 residential electricity consumers and small commercial electricity consumers.
5 (b) [Before] Prior to ordering a waiver under this [paragraph] subsection, the commission
6 [shall] may conduct such studies as the commission deems necessary and shall provide notice and
7 opportunity for public comment and hearings regarding the waiver.
8 (c) The commission may order a waiver under this [paragraph] subsection if the commission
9 finds, based on [an] the evidentiary record developed through the conducted studies, public com-
b ment and hearings, that a market exists in which retail electricity consumers subject to the waiver
11 are able to:
12 (A) Purchase supplies of electricity adequate to meet the needs of the retail electricity con-
13 sumers;
14 (B) Obtain multiple offers for electricity supplies within a reasonable period of time;
15 (C) Obtain reliable supplies of electricity; and
16 (D) Purchase electricity at prices that are not unduly volatile and that are just and reasonable.
17 [(2)] (3) Each electric company shall provide each [residential] retail electricity consumer that
18 is connected to its distribution system and whose electricity demand at any point of delivery is
19 less than 30 kilowatts a portfolio of rate options. The portfolio of rate options shall include at
20 least the following options:
21 (a) A rate that reflects significant new renewable energy resources;
22 (b) A market-based rate; and
23 (c) If the commission finds, through public comment and hearing or through market research
24 conducted by the electric company, that demand is sufficient to justify the rate, a rate option for
25 electricity associated with a specific renewable energy resource, including solar photovoltaic en-
26 ergy.
27 [(3)(a)] (4) The commission shall regulate the cost-of-service rate [option under subsection (1) of
28 this section and the portfolio of rate options under subsection (2) of this section] and portfolio of rate
29 options under this section. The commission:
30 (a) Shall reasonably ensure that the costs and risks of serving each option are reflected in the
31 rates for each option, where such rates may include a monthly flat rate or charge in addition
32 to usage.
33 (b) [The commission] May prohibit or otherwise limit the use of a cost-of-service rate by retail
34 electricity consumers who have been served through direct access[, and].
35 (c) May limit switching among the portfolio of rate options and the cost-of-service rate [by
36 residential electricity consumers].
37 (5)(a) As used in this subsection, "local government" means a city or county.
38 (b) An electric company may include, as part of the portfolio of rate options required by
39 subsection (3) of this section and if agreed to in coordination with one or more local gov-
40 ernments to meet adopted renewable and nonemitting energy goals, a program of rates or
41 charges that reflect the cost of an electric company program to serve retail electricity con-
42 sumers within the boundaries of those local governments with electricity:
43 (A) Partially or completely derived from new or existing renewable energy resources or
44 nonemitting energy resources, including supply and demand-side resources; or
45 (B) Paired with unbundled renewable energy certificates, as defined in ORS 469A.005,
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1 from new or existing renewable energy resources.
2 (c) The commission may approve a rate or charge under this subsection if:
3 (A) The electric company and local government attest that the coordination required
4 under paragraph (b) of this subsection occurred;
5 (B) The local government enacts or adopts an ordinance, charter provision, resolution
6 or other regulation requiring that the population of the local government must, as deter-
7 mined during the coordination required by paragraph (b) of this subsection and conducted in
8 accordance with this paragraph, be served with renewable energy resources or nonemitting
9 energy resources including, at the option of the local government:
10 (i) Energy from community-based renewable energy projects that are capable of providing
11 community energy resiliency benefits, such as storage systems, microgrids, in-pipe hydro-
12 electric or micro-hydroelectric; or
13 (ii) Energy from renewable energy resources that also provide community cobenefits as
14 determined by the local government, such as community stability, water savings, species
15 protection, direct cost savings or local economic development;
16 (C) The ordinance, charter provision, resolution or other regulation specifies that all el-
17 igible retail electricity consumers served within the local government boundary:
18 (i) Are automatically placed on the rate schedule but have an opportunity to decline to
19 be served by the rate option; or
20 (ii) Must opt-in to participate in the program of rates or charges adopted pursuant to this
21 subsection;
22 (D) The ordinance, charter provision, resolution or other regulation includes protections,
23 such as subsidies or bill payment assistance, for low-income retail electricity consumers af-
24 fected by the rates or charges and provides that these protections are paid for solely by re-
25 tail electricity consumers within the boundaries of the local government;
26 (E) The electric company has included in the program provisions to minimize the shifting
27 of costs from retail electricity consumers to other customers who do not participate;
28 (F) The ordinance, charter provision, resolution or other regulation sets forth the dura-
29 tion of the program; and
30 (G) The electric company utilizes commission-approved procurement processes, to the
31 extent those processes apply, to acquire resources that serve the program.
32 (d) After the electric company begins service to retail electricity consumers within the
33 boundaries of the local government according to the program of rates or charges adopted
34 pursuant to this subsection, the electric company must:
35 (A) Include information on its monthly bills to participating retail electricity consumers
36 identifying the program's cost; and
37 (B) Provide notice to participating retail electricity consumers of any change in rate for
38 participation in the program.
39 (e) The commission shall allow the electric company, for purposes of the new or existing
40 renewable energy resources or nonemitting energy resources that serve the program of rates
41 or charges adopted pursuant to this subsection:
42 (A) To own the facilities or use power purchase agreements and, if the electric company
43 uses long-term power purchase agreements, to earn an annual incentive that is no less than
44 the product of the authorized cost of debt multiplied by the operating expense of the electric
45 company under the agreement and no more than the product of the authorized rate of return
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1 on equity multiplied by the operating expense.
2 (B) To recover part or all of the costs associated with the resources that serve the pro-
3 gram, including costs associated with resources described in subparagraph (A) of this para-
4 graph, from all retail electricity consumers, ih
5 (i) The electric company can demonstrate that above-market costs of those resources
6 have been paid for by program participants;
7 (ii) An integrated resource plan conducted by the electric company shows an energy or
8 capacity need that will be met on a least-cost, least-risk basis with those resources;
9 (iii) The electric company will use the resources to meet a renewable portfolio standard
10 imposed by ORS 469A.052 on a least-cost, least-risk basis; or
11 (iv) All customers will otherwise benefit from inclusion of the costs in rates collected
12 from all customers.
13 (C) To collect moneys from participating retail electricity consumers in excess of the cost
14 of service and defer revenues or costs associated with the program for the purposes of
15 making future investments in resources or renewable energy certificates to serve program
16 participants and for the purposes of protecting nonparticipating retail electricity consumers
17 should the local government end its participation in the program.
18 (D) To recover the costs associated with the resources that serve the program, including
19 costs associated with resources described in subparagraph (A) of this paragraph, from retail
20 electricity consumers within the boundaries of the local government, if the local government
21 ends its participation in the program and the costs are not otherwise recoverable under
22 subparagraph (B) of this paragraph.
23 (6) Nothing in subsection (3) of this section prohibits an electric company from providing
24 retail electricity consumers that are connected to its distribution system and whose elec-
25 tricity demand at any point of delivery is greater than 30 kilowatts a portfolio of rate options.
26 SECTION 4. ORS 469A.005 is amended to read:
27 469A.005. As used in ORS 469A.005 to 469A.210:
28 (1) "Acquires service territory" does not include an acquisition by a city of a facility, plant,
29 equipment or service territory within the boundaries of the city, pursuant to ORS 225.020 or city
30 charter, if the city:
31 (a) Already owns, controls or operates an electric light and power system for supplying elec-
32 tricity to the inhabitants of the city and for general municipal purposes;
33 (b) Provides fair, just and reasonable compensation to the electric company whose service ter-
34 ritory is acquired that:
35 (A) Gives consideration for the service territory rights and the cost of the facility, plant or
36 equipment acquired and for depreciation, fair market value, reproduction cost and any other rele-
37 vant factor; and
38 (B) Is based on the present value of the service territory rights and the facility, plant and
39 equipment acquired, including the value of poles, wires, transformers and similar and related appli-
40 ances necessarily required to provide electric service; and
41 (c) Pays any stranded costs obligation established pursuant to ORS 757.483.
42 (2) "Banked renewable energy certificate" means a bundled or unbundled renewable energy
43 certificate that is not used by an electric utility or electricity service supplier to comply with a
44 renewable portfolio standard in a calendar year, and that is carried forward for the purpose of
45 compliance with a renewable portfolio standard in a subsequent year.
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1 (3) "BPA electricity" means electricity provided by the Bonneville Power Administration, in-
t cluding electricity generated by the Federal Columbia River Power System hydroelectric projects
3 and electricity acquired by the Bonneville Power Administration by contract.
4 (4) "Bundled renewable energy certificate" means a renewable energy certificate for qualifying
5 electricity that is acquired:
6 (a) By an electric utility or electricity service supplier by a trade, purchase or other transfer
7 of electricity that includes the renewable energy certificate that was issued for the electricity; or
8 (b) By an electric utility by generation of the electricity for which the renewable energy cer-
9 tificate was issued.
10 (5) "Compliance year" means the calendar year for which the electric utility or electricity ser-
11 vice supplier seeks to establish compliance with the renewable portfolio standard applicable to the
12 electric utility or electricity service supplier in the compliance report submitted under ORS
13 469A.170.
14 (6) "Consumer-owned utility" means a municipal electric utility, a people's utility district or-
15 ganized under ORS chapter 261 that sells electricity or an electric cooperative organized under ORS
16 chapter 62.
17 (7) "Distribution utility" has the meaning given that term in ORS 757.600.
18 (8) "Electric company" has the meaning given that term in ORS 757.600.
19 (9) "Electric utility" has the meaning given that term in ORS 757.600.
20 (10) "Electricity service supplier" has the meaning given that term in ORS 757.600.
21 (11) "Qualifying electricity" means electricity described in ORS 469A.010.
22 (12) "Renewable energy source" means a source of electricity described in ORS 469A.025.
23 (13) "Retail electricity consumer" means a retail electricity consumer, as defined in ORS
24 757.600, that is located in Oregon.
25 (14) "Unbundled renewable energy certificate" means:
26 (a) A renewable energy certificate for qualifying electricity that is acquired by an electric
27 utility or electricity service supplier by trade, purchase or other transfer without acquiring the
28 electricity that is associated with the renewable energy certificate; or
29 (b) A renewable energy certificate that is sold to a retail electricity consumer without
30 selling, on a non-cost of service basis, the electricity associated with the renewable energy
31 certificate to the retail electricity consumer.
32
33 NONBYPASSABILITY OF SOCIAL AND ENVIRONMENTAL COSTS
34
35 SECTION 5. ORS 757.607 is amended to read:
36 757.607. (1) The Public Utility Commission shall ensure that direct access programs offered by
37 electric companies meet the following conditions:
38 [(1)] (a) The provision of direct access to some retail electricity consumers must not cause the
39 unwarranted shifting of costs to other retail electricity consumers of the electric company. The
40 commission may, in establishing any rates and charges under ORS 757.600 to 757.667, consider and
41 mitigate the rate impact on consumers from the reduction or elimination of subsidies in existing rate
42 structures.
43 [(2)] (b) The direct access, portfolio of rate options and cost-of-service rates may include tran-
44 sition charges or transition credits that reasonably balance the interests of retail electricity con-
45 sumers and utility investors. The commission may determine that full or partial recovery of the costs
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1 of uneconomic utility investments, or full or partial pass-through of the benefits of economic utility
2 investments to retail electricity consumers, is in the public interest.
3 [(3)] (2) The commission shall allow recovery[,]:
4 (a) Through a transition charge, of any otherwise unrecoverable costs arising from or related
5 to an electric company's contractual or other legal obligations to the Bonneville Power Adminis-
6 tration under ORS 757.663, or arising from or related to a failure of the Bonneville Power Admin-
7 istration to meet its contractual or other legal obligations to the electric company, from those
8 classes of consumers for which electric power was purchased from the Bonneville Power Adminis-
9 tration.
10 (b) Through a charge, on retail electricity consumers receiving electricity from electric-
11 ity service suppliers, of costs tied to the economic, environmental, social or equity programs
12 and policies that are imposed on electric companies by state and federal law, regulation and
13 order, including costs associated with attaining the state's greenhouse gas emissions re-
14 duction goals specified in ORS 468A.205, that those retail electricity consumers may avoid
15 by obtaining electric power through direct access.A charge authorized under this paragraph:
16 (A) Must be calculated on the basis of electricity consumption and bear a direct re-
17 lationship to costs borne by retail electricity consumers served by the electric company; and
18 (B) May include above-market costs associated with investments by an electric company
19 in qualifying electricity, as described in ORS 469A.010, or in other greenhouse gas
20 emissions-free electricity used to serve the electric company's retail electricity consumers.
21 [(4)] (3) Notwithstanding ORS 757.355, the commission may allow a return on the unamortized
22 balance of an uneconomic utility investment or an economic utility investment that is included in
23 rates.
24
25 ELECTRIC POWER RESTRUCTURING MODERNIZATION
26
27 SECTION 6. ORS 757.646 is amended to read:
28 757.646. (1) The duties, functions and powers of the Public Utility Commission shall include de-
29 veloping policies to eliminate barriers to the development of a competitive retail market [structure]
30 between electricity service suppliers and electric companies. The policies shall be designed to
31 [mitigate the vertical and horizontal market power of incumbent electric companies,] prohibit prefer-
32 ential treatment, or the appearance of such treatment, by the incumbent electric companies to-
33 ward [of] generation or market affiliates [and determine the electricity services likely to be
34 competitive]. The commission may require an electric company acting as an electricity service sup-
35 plier do so through an affiliate.
36 (2) The commission shall establish by rule a code of conduct for electric companies and their
37 affiliates to protect against market abuses and anticompetitive practices. The code shall, at a mini-
38 mum:
39 (a) Require an electric company and any affiliate that shares the same name and logo to disclose
40 to all consumers the relationship between the company and affiliate and to clarify that the affiliate
41 is not the same as the electric company and that in order to receive service from the company a
42 consumer does not have to purchase the services of the affiliate;
43 (b) Prohibit preferential access by an electric company affiliate to confidential consumer infor-
44 mation;
45 (c) [Prohibit] Minimize cross-subsidization between competitive operations and regulated oper-
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1 ations, including the use of electric company personnel and other resources;
2 (d) Prohibit joint marketing activities and exclusive referral arrangements between an electric
3 company and its affiliates;
4 (e) Provide the commission with all necessary access to books and records;
5 (f) Require electric companies to make regular compliance filings; and
6 (g) Require fair treatment of all competitors by a distribution utility.
7 (3) An electric company shall provide the commission access to all books and records necessary
8 for the commission to monitor the electric company and its affiliate relationships. The commission
9 shall require an electric company biannually to file a report detailing compliance with this sub-
10 section.
11 SECTION 7. ORS 757.649 is amended to read:
12 757.649. (1)(a) A person or other entity shall not act as an electricity service supplier unless the
13 person or entity is certified by the Public Utility Commission. The commission, by rule, shall es-
14 tablish standards for certification of persons or other entities as electricity service suppliers in this
15 state. The rules shall, at a minimum, address:
16 (A) The ability of the person or entity to meet the person's or entity's obligation to provide
17 electricity services pursuant to direct access; and
18 (B) The ability of the person or entity to comply with applicable consumer protection laws.
19 (b) The commission may require an electricity service supplier to provide a bond or other se-
20 curity.
21 (c) The commission may establish a fee, not to exceed $500, for initial certification and annual
22 recertification of electricity service suppliers.
23 (d) The commission, at any time, may revoke an electricity service supplier's certification for
24 failure to comply with applicable statutes and rules.
25 (e) The commission may require an electricity service supplier to provide information necessary
26 to ensure compliance with ORS 757.612. The commission shall ensure the privacy of all information
27 and the protection of any proprietary information provided.
28 (2) Every electric utility shall maintain the integrity of its transmission facilities and distrib-
29 ution system and provide safe, reliable service to all retail electricity consumers. Nothing in ORS
30 757.600 to 757.667 or 757.669 to 757.687 shall reduce or diminish the statutory or contractual obli-
31 gations of electric utilities to maintain the safety and reliability of their transmission facilities and
32 distribution system and other infrastructure and equipment used to deliver electricity.
33 (3) The commission for electric companies, or the governing body for other electric utilities,
34 shall adopt rules, ordinances, policies and service quality standards designed to maintain a reliable,
35 safe and efficient distribution system. The commission shall regulate electrical safety regarding
36 generation, transmission, substation and distribution facilities for electric utilities and other elec-
37 trical system owners and operators as provided under ORS 757.035.
38 (4)(a) Every bill to a direct access retail electricity consumer from an electricity service sup-
39 plier shall contain at least:
40 [W] (A) The rate and amount due for each service or product that the retail electricity con-
41 sumer is purchasing and other price information necessary to facilitate direct access, as determined
42 by the commission;
43 [(b)] (B) The rates and amounts of state and local taxes or fees, if any, imposed on the retail
44 electricity consumer;
45 [(c)] (C) The amount of any public purpose charge or credit;
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1 MA (D) The amount of any transition charge or transition credit; and
2 [(e)] (E) Power source and environmental impact information necessary to ensure that all con-
i sumers have useful, reliable and necessary information to exercise informed choice, as determined
4 by the commission.
5 (b) Information provided under paragraph (a)(E) of this subsection must be equivalent
6 to the power source and environmental impact information the commission requires electric
7 companies to disclose to retail electricity consumers, including for power supplied through
8 the electricity service supplier's own generating resources, and is not subject to
9 confidentiality.
10 (5)(a) A retail electricity consumer of an electric company shall receive, upon request, a sepa-
11 rate bill from every individual electricity service supplier that provides products or services to the
12 retail electricity consumer. If a retail electricity consumer of an electric company does not request
13 separate bills, or a consolidated bill from an electricity service supplier as provided in paragraph
14 (c) of this subsection, the electric company shall consolidate the bills for all electricity services into
15 a single statement, and electricity service suppliers shall provide to the electric company the infor-
16 mation necessary to prepare a consolidated statement.
17 (b) [The requirement for bill consolidation by an electric company shall continue through December
18 31, 2001, after which time] The commission may waive the requirement for bill consolidation by an
19 electric company if the waiver results in effective billing procedures for retail electricity consum-
20 ers.
21 (c) Upon the request of a retail electricity consumer of an electric company, an electricity ser-
22 vice supplier shall consolidate the bills for all electricity services into a single statement, and
23 electric utilities and other electricity service suppliers shall provide to the billing electricity service
24 supplier any information necessary to prepare a consolidated statement.
25 (d) For retail electricity consumers of an electric company, the commission shall adopt by rule
26 provisions relating to the failure of a consumer to make full payment on a consolidated bill. The
27 rules shall address collection of payments, service disconnection and reconnection, and the allo-
28 cation of costs associated with collection, disconnection and reconnection. A distribution utility
29 shall be solely responsible for actual disconnection and reconnection.
30
31 RESPONSIBLE CONTRACTOR LABOR STANDARDS
32
33 SECTION 8. (1) For purposes of this section:
34 (a) "Large-scale project" means a renewable energy generation or storage facility, where
35 the total capital costs and expenses necessarily incurred in the acquisition, erection, con-
36 struction and installation of the facility, including materials, labor, planning and site devel-
37 opment, are $1 million or more.
38 (b) "Repower" means replacement of enough of the original generation equipment or
39 components to make an original energy generation facility equivalent to a new facility, such
40 that at least 80 percent of the fair market value of the facility derives from new generation
41 equipment or components installed as part of the replacement project.
42 (2) A person who constructs or repowers a large-scale project sited in Oregon shall, at
43 the time of contract finalization for development of the project or delivery of energy from
44 that project, attest or declare, under penalty of perjury as described in ORCP 1 E, that
45 during all periods of construction, the person:
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1 (a) Will pay employees the prevailing rate of wage for an hour's work in the same trade
2 or occupation in the locality where the labor is performed;
3 (b) Will offer employer-paid health care and retirement benefits to the employees per-
4 forming the labor on the construction project;
5 (c) Will participate in an apprenticeship program registered with the State Apprentice-
6 ship and Training Council or similar apprenticeship program;
7 (d) Is licensed and in good standing to perform the work, and is not ineligible to receive
8 a contract or subcontract for public works under ORS 279C.860;
9 (e) Can demonstrate a history of material compliance with the rules and other require-
10 ments of state agencies with oversight regarding workers' compensation, building codes and
11 occupational safety and health;
12 (f) Can demonstrate a history of compliance with federal and state wage and hour laws;
13 and
14 (g) Has policies in place that are designed to limit or prevent workplace harassment and
15 discrimination and that promote workplace diversity, equity and inclusion for, including but
16 not limited to, women, veterans and Black, Indigenous and other people of color.
17 (3) The person constructing or repowering the large-scale project shall provide the
18 attestation or declaration to the Bureau of Labor and Industries and provide notice of such
19 delivery to the purchaser of the project or of the energy from the project.
20 SECTION 9. The obligation to provide an attestation or declaration pursuant to section
21 8 of this 2021 Act applies to large-scale projects that begin construction after the effective
22 date of this 2021 Act.
23
24 CONFORMING AMENDMENTS
25
26 SECTION 10. ORS 469A.205 is amended to read:
27 469A.205. (1) Electric utilities shall allow retail electricity consumers to elect a green power
28 rate. A significant portion of the electricity purchased or generated by a utility that is attributable
29 to moneys paid by retail electricity consumers who elect the green power rate must be qualifying
30 electricity, and the utility must inform consumers of the sources of the electricity purchased or
31 generated by the utility that is attributable to moneys paid by consumers who elect the green power
32 rate. The green power rate shall reasonably reflect the costs of the electricity purchased or gener-
33 ated by the utility that is attributable to moneys paid by retail electricity consumers who elect the
34 green power rate. All prudently incurred costs associated with the green power rate are recoverable
35 in a green power rate offered by an electric company.
36 (2) Any qualifying electricity procured by an electric utility to provide electricity under a green
37 power rate under subsection (1) of this section or ORS 757.603 [(2)(a)] (3)(a) may not be used by the
38 utility to comply with the requirements of a renewable portfolio standard.
39 (3) The provisions of subsection (1) of this section do not apply to electric companies that are
40 subject to ORS 757.603 [(2)(a)] (3)(a).
41 (4) An electric utility may comply with the requirements of subsection (1) of this section by
42 contracting with a third-party provider.
43 SECTION 11. ORS 757.247 is amended to read:
44 757.247. (1) The Public Utility Commission may authorize a public utility, upon application of the
45 utility, to file and place into effect a tariff schedule establishing rates or charges for the cost of
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1 energy resource measures provided to an individual property owner or customer pursuant to an
2 agreement entered into between the individual property owner or customer and the public utility.
3 Energy resource measures provided under this section may include:
4 (a) The installation of renewable energy generation facilities on the property of property owners
5 or the premises of customers;
6 (b) The implementation of energy conservation measures, including measures that are not cost-
7 effective;
8 (c) The installation of equipment or devices or the implementation of measures that enable de-
g mand reduction, peak load reduction, improved integration of renewable energy generation or more
10 effective utilization of energy resources;
11 (d) Loans for the purposes described in paragraphs (a) to (c) of this subsection; and
12 (e) Direct payments to third parties for the purposes described in paragraphs (a) to (c) of this
13 subsection.
14 (2) Subject to the agreement entered into between the individual property owner or customer
15 and the public utility, a tariff schedule placed into effect under this section may include provisions
16 for:
17 (a) The payment of the rates or charges over a period of time;
18 (b) Except as provided in subsection (5) of this section, a reasonable rate of return on any in-
19 vestment made by the public utility;
20 (c) The application of any payment obligation to successive owners of the property to which the
21 energy resource measure is attached or to successive customers located at the premises to which
22 the energy resource measure is attached; and
23 (d) The application of the payment obligation to the current property owner or customer alone,
24 secured by methods agreed to by the property owner or customer and the public utility.
25 (3) Application of a tariff schedule under this section is subject to approval by the commission.
26 (4) If a payment obligation applies to successive property owners or customers as described in
27 subsection (2)(c) of this section, a public utility shall record a notice of the payment obligation in
28 the records maintained by the county clerk under ORS 205.130. The commission may prescribe by
29 rule other methods by which the public utility shall notify property owners or customers of such
30 payment obligations.
31 (5) A public utility may use moneys obtained through a rate established under ORS 757.603
32 [(2)(a)] (3)(a) to provide a renewable energy generation facility to a property owner or customer
33 under this section. A public utility may not charge interest to a property owner or customer for a
34 renewable energy generation facility acquired with moneys obtained through a rate established un-
35 der ORS 757.603 [(2)(a)] (3)(a).
36 (6) Agreements entered into and tariff schedules placed into effect under this section are not
37 subject to ORS 470.500 to 470.710, 757.612 or 757.689.
38 SECTION 12. ORS 757.659 is amended to read:
39 757.659. According to the applicable provisions of ORS 756.060 and ORS chapter 183, the Public
40 Utility Commission shall adopt such rules as are necessary to implement ORS 757.600 to 757.667.
41 Rules adopted by the commission shall address at least the following:
42 (1) Requirements and methodologies for each electric company to provide unbundled rates and
43 services pursuant to ORS 757.642.
44 (2) Requirements for each electric company allowing aggregation of electricity loads pursuant
45 to ORS 757.627, which may include aggregation of demand for other services available under direct
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1 access.
2 (3) Requirements for consumer protection. Consumer protection rules adopted by the commission
3 that relate to electricity service suppliers shall be applicable throughout this state and shall, at a
4 minimum, contain provisions for the disclosure of price, power source and environmental impact in
5 contract offers and marketing information.
6 (4) Market valuation methodologies for determining the amount and recovery of the costs of
7 uneconomic utility investment and the amount of and credit for economic utility investment.
8 (5) Requirements for each electric company to offer a portfolio of rate options under ORS
9 757.603.
10 (6) The method of determining a default supplier for those consumers who are not eligible to
11 participate in a portfolio program under ORS 757.603 in a manner that provides for viable competi-
12 tion among electricity service suppliers and among power generation companies. The commission
13 may condition the use of a default service option by requiring reasonable notice and commitment
14 from a consumer who intends to use the default service option in nonemergency situations.
15 (7) Requirements for [market structure] the competitive retail market described in ORS
16 757.646.
17 (8) Requirements for public purpose charges and credits under ORS 757.612.
18 (9) Requirements for meters, metering services, billing and collection services, and customer
19 response functions.
20
21 CAPTIONS
22
23 SECTION 13. The unit captions used in this 2021 Act are provided only for the conven-
24 ience of the reader and do not become part of the statutory law of this state or express any
25 legislative intent in the enactment of this 2021 Act.
26
[12]
224
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• March 8,2020-Covid-19 emergency declared by Executive Order
• March 12,2020-Executive order prohibiting gatherings of 250 or more.
• March 16,2020- Woodburn closure due to CDC guidance.
• March 17,2020-Executive Order prohibits onsite food consumption and gatherings of more than 25.
• March 19,2020-Executive Order prohibits colleges from in-person classes
• March 23,2020-Stay Home Save Lives Order
• March 27,2020-Congress passes CARES ,ct.,/���"""""""
• May 14,2020-Executive Order iplements �d, pprich for reopening Oregon's economy
• June 1,2020-Woodburn Library reopens to
• June 12,2020-Executive Order estabhs�hases to conductin-person construction
• July,2020-Woodburn City Hall opens forxuuhi
• June 24,2020-Executive Order restrictsn r I -12 for 2020-2021 School year.
* September 8,2020-Wildfire 1.7Arrgfwngy
• November 11,2020-Statewide 2 geek pauses
• December 3,2020-Woodburn Library curbsidc: rYe7 'up only operations
• December 16,2020-First Covid-19 Vaccine Dose l�drninstered in Oregon
• February 9,2021 -First Woodburn High School drive-thru vaccine event
* February, 12,2021 -Historical Ice St =Event
* February 26,2021 -Marion County moves down from"Extreme Risk"to"High Risk"
* March 1,2021 -Woodburn Library Resume limited browsing.
Zip Code:97071
Published Date Total Case Count Cases Per 10,000 Weekly New Total Case Count%
Cases Change
17-Mar 2908 1009.62 13 0.45%
10-Mar 2895 1000.51 24 0.84%
3-Mar 2871 996.77 27 0.95%
24-Feb 2844 987.3 8 0.28%
30 )ec 2368 8221. 126 5,62�X
23 )ec 2242 Tz 8 31) 1215.70�X
16 )ec 2121 '736 38 157 17 1)1)x14
I
9II)ec 1964 681 87 197 11 15�X
2 )ec 1767 613 48 188 11 1)1�14
Y .
Marion County
Weekly%
Date:3/7-3/13 Change
Total Number of Test* 1 ' �������������� 7134 -55.31
Positive Percentage Rate4.08% -9.38%
Positive Test 291 -86.46%
Negative Test6,843 -50.46%
Hospitalizations 12 -80.00%
Deaths 3 -86.36%
Oregon
Weekly o
Date:3/7-3/13 Change
Total Number of Test* 94,079 -46.22%
Positive Percentage Rate 3.62% -4.65%
Positive Test ���������������������������� ���������� 3,406 -76.47%
Negative Test90,673 -43.49%
Hospitalizations � ������������������������������������� 57 -88.39%
Deaths 26 -80.45%
Q G
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Marion County(Risk Protection Framework)
Date Cases Per 100,000 Test Positivity Risk Category
Population
2/7/21 -2/20/21 131.1 4.90% High
2/14/21 -2/27/21 141.2 4.90% High
2/21/21 -3/6/21 130.8 3.60% High
02/28/21 -03/13/21 116.5 3.40% High
I�r��,�aaz+�,A�ctiwr�Gy
Rate of COVID-19casesper 100,000 over 14days --50.0 50.0 to X100.0 100.0 to 200.0 L-200.0
(counties with 30,0000 or more people)
—r-
Number ofCOVID-19 cases over 14 days�(counues ,30. 30 to<4S 45to a80 Z60
with less than 30,000 people)
-and-
Percentage test positivity over previous 14 days :K5.0% 5.0%to^8.0% 8.0%to X10.0% a10,0%
I
II° I "I SII[ ]ESP'I 'D E °
• Education and Outreach
• Personal Protective Equipment
and Sanitizes ,
• Financia l� ,,,, „ , rams
• Mart
• R.ent
• Business'
• Utility
• Food Secur�t
• Other Community Support
Community Outreach and Education
(Total - 1,152,975 )
April -March 16, 2021
.......................................................
...............................................
........................................
...........
.................
PPE Distribution
Facial Coverings 65,880
Personal Hand Sanitizers 5,436
70
Social Distancing Floor Markers
Plastic Sneeze Gaurds 60
Covid-19 Coloring Books and Crayons 2,375
Total 73,821
City Funding
Funding Source Amount
Marion County Mini-Grant Community Education $ 9,000.00
Marion County Facial Covering Grant Reallocation $ 15,000.00
Business Oregon Business Assistance Grant $ 60,000.00
Mortage Assistant Program(CDBG Loan Repayment Funds) $ 413,000.00
Community Contributions Facial Coverings $ 18,100.00
CARES Funding $ 736,000.00
ORPA Grant Aquatic Center $ 2,000.00
SAIF Cares Act Funding $ 8,700.00
Rotary Business program $ 10,000.00
Round 1 Transit Cares Funding $ 139,996.00
Round 2 Transit Cares Funding $ 193,429.00
Transit Medical Transport $ 45,000.00
CBDG Rental Assistance Grant(Hubbard/Gervais/Woodburn) $ 450,000.00
Total $2,100,225.00
CBO Funding
Funding Source Amount
OHA Education and Outreach(WDA) $ 140,265.00
Marion County Grant(Love INC.) $ 150,000.00
NWSDS Grant(AWARE) $ 20,000.00
OHA Equity Grant(Love INC.) $ 75,000.00
Salem Hospital Foundation-Taxi Program(Centro) $ 10,000.00
Total $ 395,265.00
Complete Total $2,495,490.00
I I
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PPE&Education $ 165,765.00
Childcare Assistance $ 25,000.00
Prescription Assistance $ 7,500.00 r
Utility Assistance $ 95,500.00
Cleaning/Hygiene/Infant Supplies $ 15,000.00
Other $ 500.00
Business Assistance $ 210,000.00
Non-Profit Assistance(Love Santa and
Lutherian Church) $ 14,000.00
Food Security $ 25,900.00
Housing Assistance(Mortgage and Rental
Assistance) $ 858,000.00
Transpertaion $ 387,425.00
Staff Cost $ 126,000.00
Total $ 1,930,590.00
BUSINESS ASSISTANCE
4 rounds of small business assistance grants (currently administering 4th)
Administered funding to 64 businesses and non-profit organizations
0 $50,000 from general fund do1lamlI" i t 1'leC byan additional$10,000 from rotary
Applied and received Business r g�+ „fi t for$611,000
0 $90,000 used from CARE6r +1��r` ' '
Total:$210,000 ($14,000 to,, s and$3,000 to Immanuel
Church for community meals p g
COMM11"N"I""ITY S13", P011111111
• Lead community education sessions for sector guidance.
• Faith based Community calls and education sessions.
• Assisted businesses with outside grant programs
• Vaccine Access Workshop
• Covid-19 community update fc r� dh", ~ Chamber, Rotary, Kiwanis,
and other service and commu ,it tton.
• Sector guidance facilitation inesses HOA's and
.......
residents.
• Aided in planning of Covid-f� test adination,events.
•
Organized North Marion Countf W66ineDistribution Partnership
Marion County
Date:3/3- Date:3/10- Weekly% Cumulative Est.Percent Vaccinated of
3/9 3/16 Change * Total Population
Number of Doses Administered 9,772 11,346 16.11%
Persons Fully Vaccinated 40,980 11.78%
Persons Series Started 26,979 7.76%
Total Persons Received a Dose(s) 67,959 19.54%
Oregon
Date:3/3- Date:3/10- Weekly% Cumulative Est.Percent Vaccinated of
3/9 3/16 Change * Total Population
Number of Doses Administered 159,911 137,598 -13.95%
Persons Fully Vaccinated 501,434 11.75%
Persons Series Started 375,930 8.81%
Total Persons Received a Dose(s) 877,364 20.56%
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A frontline worker is someone woo lias a job that Puts tile individual al:higher risk for contracting COVID-9g becaUSe Of:
Regular close contact with othw'S 0UtSrdB of their 110USehOld(less than six feet);arid
as RmAine(more t1win 15 minkites per irerson(s))close contact with other's outside of Moir household;and
r, They cannot peer form their jot)clubes from home or anollier selling that IiFuitS the GIUS6 err routine CQHteGI With 01110s
outside of their household.
These MCIUdel: Water and wastewater,solid w,-,iqle management and
Worker°a who Cl
are rnaUfaCtUring vaccine,Lheirapeutics, recycling,including utIllities
Garwer devieps,supplies,or per'senril protective equipment HOUSIng,including construction,contractors, real estate
Ghronic kidney disease Flonching,greenhorit,,es,beveroge rnarniUruhfiring arid hotels,housing servkms such affordable hoirsing
COFID(chronic obsAroctive Grocery store and retail workers,inchu ding food markets, programs,motels and corvirneicial aCG0Is1`n0ClaUOttG
ptilmonary disease) pharmacies,convenience stores,retail clothing and Inforrnatrun technology and communications
Down Syndrorne q)emally stores News media,including broadcasting and publishing
Heart conditions,suai Community colleges,colloges,universities,vocational r1uphc health workers,incAuding scientific arid technical
as heart failure,Car unary rehabilitation,trade and professional schools consadfing,research ars.1 development
artery disease,or U.S.Postall Service workers Put ffle safety,including civil encineers,human sewvicss
cardiornyopathics Public Iransit workers,including rural,nural,inierurban and and social services,such as c�12 131 otective services
linniurlocompronlised urban bus and frail operators Finance,inClUdino banks,accounting,tax preparation,
state(weakened irrignunp
system)frorn solid organ Manutacturing;includhig paper,petroleum,coal,asphalt, payroll services
tiansplant or,IHV ronfing,chernical,plastics,metal, industrial rnadalnery, Legal, including court stafl,judges,attorneys
Obesity(BMl greater than Clofniartaur,electronicstranq)ortation,rnedrcCd Government,including employees and contractors
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Pregnai icy track,taxi, finionsine,Oarter bus,Other transit ind Stakeof Oregon leorslative and executive twarich frontline
Sickle cell disease ground passenger transportation,war ehousii ig,Stora gca employees on a fist maintained by the Department of
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Energy, including Utilities,ort and gas extraction,mining,
s,kis stailons,firol riefivory,onvironme-rital consuffing
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