a. Keizer Development Code Text Amendment Accessory Dwelling Units

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1 CITY OF KEIZER MISSION STATEMENT KEEP CITY GOVERNMENT COSTS AND SERVICES TO A MINIMUM BY PROVIDING CITY SERVICES TO THE COMMUNITY IN A COORDINATED, EFFICIENT, AND LEAST COST FASHION AGENDA KEIZER CITY COUNCIL REGULAR SESSION Monday, December 17, :00 p.m. Robert L. Simon Council Chambers Keizer, Oregon 1 1. CALL TO ORDER 2. ROLL CALL 3. FLAG SALUTE 4. SPECIAL ORDERS OF BUSINESS a. Career Technical Education Center Student Spotlight 5. COMMITTEE REPORTS 6. PUBLIC TESTIMONY This time is provided for citizens to address the Council on any matters other than those on the agenda scheduled for public hearing. 7. PUBLIC HEARINGS a. Keizer Development Code Text Amendment Accessory Dwelling Units 8. ADMINISTRATIVE ACTION a. ORDER In the Matter of the Amendment of Rates for Franchise Solid Waste Collection Within the City of Keizer, Effective as of February 1, 2019 b. ORDINANCE Amending Keizer Development Code Regarding Section (Definitions), Section (Development Standards), Section (Summary of Application Types), Section (Administrative Land Use Procedures), and Section (General Procedures Type I, II, and III Actions); Amending Ordinance

2 2 c. RESOLUTION Initiating Vacation Process for a Portion of Chemawa Road NE, Keizer, Oregon 9. CONSENT CALENDAR a. RESOLUTION Authorizing Chief of Police to Enter Into Intergovernmental Agreement for Coordinated Training and Education at the Mid-Valley Reserve Training Academy; Repealing Resolution R b. Approval of November 19, 2018 Regular Session Minutes c. Approval of December 3, 2018 Regular Session Minutes 10. COUNCIL LIAISON REPORTS 11. OTHER BUSINESS This time is provided to allow the Mayor, City Council members, or staff an opportunity to bring new or old matters before the Council that are not on tonight s agenda. 12. WRITTEN COMMUNICATIONS To inform the Council of significant written communications. 13. AGENDA INPUT January 7, :00 p.m. City Council Regular Session Oath of Office for Newly Elected City Council Members Election of Council President January 14, :45 p.m. City Council Work Session January 22, 2019 (Tuesday) 7:00 p.m. City Council Regular Session 14. ADJOURNMENT

3 3 CITY COUNCIL MEETING: December 17, 2018 AGENDA ITEM NUMBER: TO: FROM: SUBJECT: MAYOR CLARK AND CITY COUNCIL MEMBERS CHRIS C. EPPLEY CITY MANAGER CAREER TECHNICAL EDUCATION CENTER STUDENT SPOTLIGHT ISSUE: The Career Technical Education Center (CTEC), in partnership with the Salem-Keizer School District prepares students for high-skill, high-wage, high demand careers while developing the skills, technical knowledge, academic foundation and real-world experience to assure their success upon graduation. Mayor Clark and Councilor Herrera serve on an advisory board at the Center. Following discussion at a recent meeting, Councilor Herrera invited CTEC to spotlight students who are doing amazing work and celebrate their success during a City Council meeting. Our first student will be attending tonight s meeting.

4 COUNCIL MEETING: December 17, 2018 AGENDA ITEM NUMBER: 4 TO: MAYOR CLARK AND CITY COUNCIL MEMBERS THROUGH: CHRIS EPPLEY, CITY MANAGER NATE BROWN, COMMUNITY DEVELOPMENT DIRECTOR FROM: SUBJECT: SHANE WITHAM, SENIOR PLANNER Proposed text amendments to Keizer Development Code (KDC) Section (Shared Housing Facilities); Section (Definitions) and Section 3.101(Summary of Application Types) to clarify the standards for Accessory Dwelling Units (ADU). ATTACHMENTS: Section (Definitions) - draft Section (Shared Housing Facilities) - draft Section (Summary of Application Types) - draft ISSUE: The proposed text amendments will modify Section 2.403(Shared Housing Facilities) of the Keizer Development Code (KDC) clarifying the requirements for Accessory Dwelling Units (ADUs). There are minor changes proposed to Section and Section which will align the proposed changes regarding process. The substantive changes to Section will: Change terminology used in the KDC and create a new definition for ADUs consistent with the provisions of Senate Bill ( Attached/Detached Accessory Dwelling Unit ) Reduce parking requirement, to only require one additional parking space when no on-street parking is available. Eliminate ambiguous and redundant language regarding design, requiring design of ADU to be consistent with standards applied to single family dwellings Reduce rear yard setback from 10 feet down to 5 feet for a single story structure (10 feet for 2-story) Require owner-occupancy for both attached and detached ADUs. (An owner of the property must occupy either the primary dwelling or the ADU) Establish parameters for converting an existing accessory structure to an ADU. The Planning Commission held a public hearing on October 10, 2018 which was held open to November 14, 2018 to consider the proposed changes and ultimately voted to support the proposed amendments unanimously. No public testimony was provided at either meeting. It should be noted that Planning Commission raised questions regarding parking requirements, driveways, owner occupancy requirements, and the possibility of allowing ADUs on duplex lots and/or allowing both attached and detached ADUs in conjunction with single family dwellings. The Planning Commission recommendation clarifies the parking, driveway, and owner occupancy requirements, and specifically allows only one ADU per single family lot and does not allow ADUs on duplex lots.

5 RECOMMENDATION: That the City Council open the public hearing to consider the proposed text amendments. If there are no further questions, Council can close the hearing and move to direct staff to prepare an ordinance with findings to adopt the proposed revisions. 5

6 DEFINITIONS General Provisions A. General and Specific Terms. The definitions contained in this Section include those that are applicable to the entire ordinance (general), and those terms that are apply to specific Sections (specific). Terms used in specific Sections are identified as follows: [Adult] Adult Entertainment Business; Section [Flood] Floodplain Overlay Zone; Section [Greenway] Greenway Management Overlay Zone; Section [Historic] Historic Resources; Section [RV Park] Recreational Vehicle Park; Section [Signs]Signs; Section B. Interpretation. When there are two definitions for the same word or phrase, then the definition most applicable for the given situation shall apply. If appropriate, specific terms may be applied to general situations. (5/98) Grammatical Interpretation. Words used in the masculine include the feminine, and feminine the masculine. Words used in the present tense include the future, and the singular includes the plural. The word "shall" is mandatory. Where terms or words are not defined, they shall have their ordinary accepted meanings within the context of their use. The contemporary edition of Webster's Third New International Dictionary of the English Language (principal copyright 1961) shall be considered as providing accepted meanings. (5/98) Diagrams Diagrams are provided for terms or phrases in order to provide an illustrative example. (5/98) Definitions. The following words and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this Section: Access: The way or means by which pedestrians and vehicles shall have ingress and egress to property. (5/98) Accessory Dwelling: An interior, attached, or detached residential structure that is used in connection with, or that is accessory to, a single-family dwelling. Access Easement: A narrow, private, limited use roadway, which provides access to a public street for properties that do not have usable public street frontage. (11/16)

7 7 Accessory Residential Housing: A, subordinate dwelling unit the use of which is incidental to the main building and is used as dwelling or living quarters. (5/98) Accessory Structure: A detached, subordinate building or portion of a main building, the use of Accessory Housing which is incidental to the main building or use of the land, but does not include dwellings or living quarters. (5/98) Accessory Structure [Flood]: Sheds or small garages less than 480 square feet in area that are exempt from elevation or flood proofing requirements. (5/98) Accessory Use: A use incidental and subordinate to the main use of the parcel, lot or building. (5/98) Adjacent: Near or close, but not necessarily abutting or contiguous. For example, a parcel next to, or across the street from, another parcel shall be considered "adjacent." (5/98) Accessory Structure Administrative : A decision made by applying the existing standards contained in this Ordinance and without a public hearing. (5/98) Adult entertainment business [Adult]: A term intended to cover a broad range of activities characterized by live, closed circuit, digital, or reproduced material which has an emphasis on nudity and/or sexual activity. Adult businesses limit their patrons to persons at least 18 years of age. The term "adult entertainment business" also includes the full range of adult motion picture or video theaters and related businesses, such as adult bookstores, adult theaters, adult massage parlors, adult lotion studios, adult arcades, adult cabarets, adult paraphernalia shops, and other establishments which make up a substantial or significant portion of the establishment's activities or merchandise and constitute a continuing course of conduct of exhibiting specified sexual activities and/or nudity in a manner which appeals to a prurient interest. The term "adult entertainment business" also includes other uses similar to the uses mentioned above, presenting material for patrons to view (live, closed circuit, or reproductions), providing massage or lotion studios for the purpose of fondling or other erotic touching of specified anatomical areas and/or purchase or rent of merchandise which emphasizes nudity and/or specified sexual activity in a manner which appeals to a prurient interest, and limiting entrance to patrons who are over 18 years of age. (5/98)

8 SHARED HOUSING FACILITIES In zones permitting single family dwellings, an Accessory Dwelling Unit (ADU) may be allowed subject to the standards in this section. An ADU may be a detached building, in a portion of a detached accessory building (e.g. part of/above a garage or workshop), or a unit attached or interior to the primary dwelling (e.g. an addition or conversion of an existing floor) Two-Family Shared HousingAttached Accessory Dwelling Unit Where permitted as a special use, two-family shared housing attached Accessory Dwelling Units shall meet the following use and development standards. (5/98) A. Building Conversion. The building to be converted for two-family shared housing must have been constructed as a single-family dwelling, and have been occupied by the owner for any continuous 6 month period between the date of its first occupancy and the date of its conversion to a two-family dwelling. (5/98) A. Orientation and Access. A structure with an attached ADU shall not have more than one front entry facing a street. A shared entry or entries on different building frontages shall be required. B. Dwelling Units. The building must contain not more than two dwelling units after conversion and there must be not more than 2 dwelling units 1 ADU per lot. (5/98) C. Area Requirements. One dwelling unit must contain at least 300 square feet of floor area and the other must contain at least 600 square feet of floor area. Area requirements do not apply to the conversion of an entire level or floor. (5/98) D. Occupancy. At least one owner of the property must reside in either the principal residence or the ADU. Only one of the two dwelling units may be occupied by a family, which does not include an owner-occupant of the building. (5/98) E. Ownership. Two-family shared housing An attached ADU under this section shall not be separated in ownership under the provision of ORS Chapter 94 or any other law or ordinance allowing unit ownership of a portion of a building. (5/98) Detached Accessory Residential HousingDwelling Unit Where permitted as a special use, a detached Aaccessory Dwelling Unit residential housing shall meet the following use and development standards. (5/98)

9 9 A. Location. The detached ADU accessory residence shall be located within the side or rear yard and physically separated from the primary residence by a minimum distance of 5 feet. A covered walkway, which contains no habitable space, may connect the two buildings without violation of the setback requirements. (5/98) Accessory Residential HousingDwelling Unit B. An detached ADUaccessory residence may be located in the front yard only if approved through an alternative design review process as specified in Section If located in the front yard, Tthe applicant must show that the design of the accessory residential housing unit ADU will be compatible with the surrounding neighborhood and adjoining properties through architectural features, landscaping and orientation, as well as meeting the requirements set forth below. (6/15) C. All accessory housing units shall meet the following development standards:parking. No additional off-street parking is required except as set forth below: 1. Parking The accessory residential unit shall share the same driveway as the primary residential unit plus shall provide 1 additional parking space. (6/15) 1. One off-street parking space is required if there is no adjacent on-street parking allowed. 2. If required, the additional off-street parking space must be provided within or adjacent to an existing driveway. Modification to any existing driveway approach will require public works approval. The width of the existing driveway approach cannot be increased in excess of the public works standard. 3. No separate driveway is permitted, unless allowed by the Public Works Director. 2. Design - The accessory residential unit shall generally match the design, color, material and textures of the primary residential unit. (6/15)

10 10 3. Screening - The accessory residential unit shall be screened from the street and adjacent properties by a combination of landscaping and trees. (6/15) 4. Orientation - The accessory residential unit shall be oriented to face the street or an access easement. (6/15) 5. The accessory residential unit shall be physically separated from the primary residence by a minimum distance of 5 feet. A covered walkway, which contains no habitable space, may connect the two buildings without violation of the setback requirements. (6/15) D. Design. The accessory residence detached ADU must be residential in character with an exterior finish similar to the primary residence.and must incorporate a minimum of 3 design features for single family dwellings found in (Section A). A separate address shall be required for each residence. (5/98) E. Area. The accessory residence detached ADU shall be no larger than 750 square feet in total area. (6/15) F. Setbacks and Height. The minimum rear yard setback shall be 5 feet for a 1 story structure and 10 feet for a 2 story structure, unless located on an alley in which case the setback shall be 1 foot; the minimum side yard setback shall be 5 feet. The maximum height shall be 25 feet, and in no case may the detached ADU be taller than the primary home. (5/98) G. Occupancy. At least one owner of the property must reside in either the principal residence or the ADU. G.H. Ownership. A detached ADUccessory residential housing under this section shall not be separated in ownership under the provision of ORS Chapter 94 or any other law or ordinance allowing unit ownership of a portion of a building. (5/98) I. Dwelling Units. The lot or property shall contain no more than 2 dwelling units1 ADU. J. Building Conversion. Conversion of an existing accessory structure to an ADU shall be allowed, subject to the following standards. 1. If the existing building is setback less than 3 feet from an adjacent property line, a maintenance easement agreement must be obtained prior to conversion to allow for ongoing access and maintenance of the structure.

11 11 2. Conversion of an existing legal non-conforming accessory structure to a detached ADU is allowed, provided the conversion does not increase the non-conformity. 3. The area of the detached ADU is limited to a maximum of 750 square feet regardless of the total area of the existing structure. Any additional square footage may not be accessible from the interior of the ADU, and may only be used as an accessory structure use for non-dwelling purposes.

12 Duplex on a Corner Lot Where permitted as a special use, a duplex on a corner lot shall meet the following additional use and development standards. (5/98) A. Lot Area. The corner lot shall contain at least 7,000 square feet. (5/98) B. Access. Each dwelling unit shall derive its pedestrian and vehicular access from a different street, unless otherwise required by the City Public Works Director. (5/98) Duplex

13 SUMMARY OF APPLICATION TYPES There are four types of development permits and land use actions, each with its own procedures as found in Chapter 3.2. (5/98) Type I Action - Summary Type I actions are administrative reviews processed by the City staff according to the procedures found in Section , 02 & 03. The review standards are generally clear and objective and allow little or no discretion. This process is further divided into four parts: (3/10) A. Type I-A: A ministerial action reviewed by staff based on clear and objective standards. Conditions may be placed on the decision and notice of the decision is sent only to the applicant. Appeal is to the Hearings Officer. The following actions are processed under the Type I-A procedure: (2/01) 1. Signs (excluding variances or conditional uses) (5/98) 2. Temporary Use Permit (3/10) B. Type I-B: A ministerial action reviewed by staff based on generally clear and objective standards with some discretion afforded to staff. Conditions may be placed on the decision and notice is sent to the applicant and property owners within the required notice area. Appeal is to the Hearings Officer. The Zoning Administrator may refer any application to the Hearings Officer or the City Council for public hearing and decision. The following actions are processed under the Type I-B procedure: (5/98) 1. Variance (Minor and Sign) (11/05) 2. Property Line Adjustment (6/16) 3. Conditional Use (except Transit Station) (5/09) 4. Partitions (5/98) 5. Greenway Development Permit (2/01) 6. Floodplain Development Permit (including Floodplain Development Permit Variance) (3/10) C. Type I-C: A ministerial action reviewed by staff based on generally clear and objective standards with some discretion afforded to staff. Conditions may be placed on the decision and notice is sent to the applicant. Appeal is to the Planning Commission. Notice is sent to property owners within the required notice area for public hearing. The Zoning Administrator may refer any application to the Planning Commission or the City Council for public hearing

14 14 and decision. The following action is processed under the Type I-C procedure: 1. Development Review (2/01) 2. Alternative Design Review for Accessory Residential Housing Detached Accessory Dwelling Unit (Front Yard) (6/15) D. Type I-D: A ministerial action reviewed by staff based on generally clear and objective standards with some discretion afforded to staff. Conditions may be placed on the decision and notice is sent to the applicant and property owners within the required notice area. Appeal is to the Planning Commission. The Zoning Administrator may refer any application to the Planning Commission or City Council for public hearing and decision. The following actions are processed under the Type I-D procedure: (7/03) 1. Variance (Major) (7/03) Type II Actions - Summary A. A Type II action is a quasi-judicial review in which the Hearings Officer applies a mix of objective and subjective standards that allow considerable discretion. A Type II action follows the procedures found in Section Staff has an advisory role. The Zoning Administrator may refer any application to the City Council for public hearing and decision bypassing the Hearings Officer. Public notice and a public hearing are provided. Section lists the notice requirements. Appeal of a Type II decision is to the City Council. The following actions are processed under a Type II procedure: (2/01) 1. Subdivision (5/98) 2. Planned Unit Development (5/98) 3. Manufactured Home Parks (5/98) B. Type II-B: A quasi-judicial action in which the City Council applies a mix of objective and subjective standards that allow considerable discretion. Type II- B actions follow the procedures found in Section Staff has an advisory role. The City Council shall hold a public hearing and make the decision instead of the Hearings Officer. Public notice and a public hearing are provided. Section lists the notice requirements. Section sets forth the hearings process. The following actions are processed under a Type II-B procedure: (2/03) 1. Transit Station (5/09) 2. Designation or Removal of a Historic Resource (9/18)

15 15 C. Type II-C: A quasi-judicial action in which the Planning Commission applies a mix of objective and subjective standards that allow considerable discretion. Type II-C actions follow the procedures found in Section Staff has an advisory role. The Planning Commission shall hold a public hearing and make the decision instead of the Hearings Officer. Public notice and a public hearing are provided. Section lists the notice requirements. Section sets forth the hearings process. The following actions are processed under a Type II-C procedure: (9/18) 1. Nursing and Residential Care Facilities (6/11) 2. Cottage Cluster Developments with the creation of lots (6/14) 3. Cottage Cluster Developments with or without the creation of lots in an RS zone. (6/14) 4. Permit for demolition, modification, or moving of a Historic Resource (9/18) Type III Actions - Summary A Type III action is a quasi-judicial process in which the City Council applies a mix of objective and subjective standards. A Type III action follows the procedures found in Section Staff and the Hearings Officer have advisory roles for Comprehensive Plan Map Amendments and Zone Changes. Staff and Planning Commission have advisory roles for Annexations. Public notice is provided and public hearings are held before the Hearings Officer, Planning Commission and City Council as determined by the application. Section lists the notice requirements. In addition to applications by private parties, the City Council, by resolution, may initiate a Type III action. Appeal of the decision is to the Land Use Board of Appeals (LUBA). The following actions are processed under a Type III procedure: (2/01) A. Comprehensive Plan Map Amendments (involving 5 or fewer adjacent land ownerships) (5/98) B. Zone Changes (involving 5 or fewer adjacent land ownerships) (5/98) C. Annexation (5/98) D. Keizer Station Master Plans which may include Subdivision and Partitioning (4/10) E. Keizer Station Master Plan Amendment (10/18)

16 Type IV Actions - Summary A Type IV action is a legislative review in which the City considers and enacts or amends laws and policies. A Type IV action follows the procedures found in Section Private parties cannot apply for a Type IV action; it must be initiated by City staff, Planning Commission, or City Council. Public notice and hearings are provided in a Type IV process. The following actions are processed under a Type IV procedure: (2/01) A. Text Amendments to the Comprehensive Plan (5/98) B. Text Amendments to the Development Code (5/98) C. Enactment of new Comprehensive Plan or Development Code text (5/98) D. Comprehensive Plan Map Amendments (involving more than 5 adjacent land ownerships, or, non-adjacent properties) (5/98) E. Zone Changes (involving more than 5 adjacent land ownerships, or, nonadjacent properties) (5/98) LAND USE APPLICATION PROCESS (10/18) LAND USE ACTION TYPE STAFF HEARINGS OFFICER Signs, Temporary Use I-A Final Appeal of Staff PLANNING COM- MISSION CITY COUNCIL Appeal of H.O. decision Floodplain Development Permit (including Floodplain Development Permit Variances (3/10) Greenway Development Permit Conditional Use (except Transit Station) (5/09) Variance (Minor and Signs) I-B Final Appeal of Staff I-B Final Appeal of Staff I-B Final Appeal of Staff I-B Final Appeal of Staff Appeal of H.O. decision Appeal of H.O. Appeal of H.O. Appeal of H.O.

17 17 LAND USE ACTION TYPE STAFF HEARINGS OFFICER PLANNING COM- MISSION CITY COUNCIL Property Line Adjustment I-B Final Appeal of Staff Appeal of H.O. Partition I-B Final Appeal of Staff Appeal of H.O. Development Review Alternative Design Review for Detached Accessory Residential Housing Dwelling Unit (Front Yard) (6/15) I-C Final Appeal of Staff I-C Recommendation to Planning Commission Final Variances (Major) I-D Final Appeal of Staff Appeal of Planning Commission Appeal of Planning Commission Appeal of Planning Commission Subdivision II Recommendation to Hearings Officer Final Appeal of H.O. Planned Unit Development II Recommendation to Hearings Officer Final Appeal of H.O. Manufactured Home Park II Recommendation to Hearings Officer Final Appeal of H.O. Transit Station (5/09) II-B Recommendation to City Council Final Designation or Removal of a Historic Resource (9/18) II-B Recommendation to City Council Final Nursing and Residential Care Facilities (6/11) II-C Recommendation to Planning Commission Final Appeal of Plan Comm

18 18 LAND USE ACTION TYPE STAFF HEARINGS OFFICER Cottage Cluster Development as a Conditional Use (6/14) Permit for demolition, modification, or moving of a Historic Resource (9/18) Comprehensive Plan Map Amendment II-C II-C III Recommendation to Planning Commission Recommendation to Planning Commission Recommendation to Hearings Officer Recommendation to City Council PLANNING COM- MISSION Final Final CITY COUNCIL Appeal of Plan Comm Appeal of Plan Comm Final Zone Change III Recommendation to Hearings Officer Recommendation to City Council Final Annexation III Recommendation to Planning Commission Keizer Station Master Plan Keizer Station Master Plan Amendment III III Recommendation to Planning Commission Recommendation to City Council Recommendation to City Council Recommendation to City Council Final Final Final Text Amendments; Legislative Zone and Comprehensive Plan Map Changes IV Recommendation to Planning Commission Recommendation to City Council Final

19 19 CITY COUNCIL MEETING: December 17, 2018 AGENDA ITEM NUMBER: TO: THROUGH: FROM: SUBJECT: MAYOR CLARK AND COUNCIL MEMBERS CHRISTOPHER C. EPPLEY, CITY MANAGER E. SHANNON JOHNSON, CITY ATTORNEY ORDER IN THE MATTER OF THE AMENDMENT OF RATES FOR FRANCHISE SOLID WASTE COLLECTION WITHIN THE CITY OF KEIZER This matter is before the City Council following public hearing on the solid waste franchisees proposed rate increases. The City Council preliminarily chose Option 3 which increases residential, multi-family and commercial service rates. The proposed changes are incorporated into the attached Order. RECOMMENDATION: Review the matter, and if appropriate, adopt the attached Order. Please let me know if you have any questions. Thank you. ESJ/tmh

20 CITY COUNCIL, CITY OF KEIZER, STATE OF OREGON ORDER IN THE MATTER OF THE AMENDMENT OF RATES FOR FRANCHISE SOLID WASTE COLLECTION WITHIN THE CITY OF KEIZER, EFFECTIVE AS OF FEBRUARY 1, 2019 This matter comes before the Keizer City Council upon the request of Loren s Sanitation and Recycling, Inc. and Valley Solid Waste Management Corp., dba Valley Recycling & Disposal, Inc., Keizer s franchised solid waste/recycling haulers; IT APPEARING that the certain order entitled In the Matter of the Amendment of Rates for Franchise Solid Waste Collection Within the City of Keizer, Effective as of October 1, 2016 was adopted on September 6, 2016; IT FURTHER APPEARING that the franchised solid waste collectors in Keizer have requested a revision of the rates, the City Manager=s office of the City of Keizer has investigated and reviewed the proposed solid waste collection rates and has recommended approval of the rates set forth in Exhibit AA@ attached hereto; IT FURTHER APPEARING that the collection rates, charges and services has been considered at public hearings held at 7:00 p.m., November 19, 2018, and December 3, 2018, by and before the City Council of the City of Keizer; IT FURTHER APPEARING that the City Council of the City of Keizer expressly hereby finds that current projected revenues and expenses are reasonable; the collection

21 rates should be established as set forth in Exhibit AA@ attached; and the proposed rates and services will be just, fair, reasonable and sufficient to provide service to the public; NOW, THEREFORE; IT IS HEREBY ORDERED that the solid waste collection franchisees in the municipal city limits of the City of Keizer, to wit: Loren=s Sanitation and Recycling Service, Inc. and Valley Solid Waste Management Corp., dba Valley Recycling & Disposal, Inc. are authorized to charge maximum rates as listed in Exhibit AA@ (red text are the services/rates being amended), a copy of which is attached to this Order and by this reference incorporated herein, for solid waste collection service in the City of Keizer. IT IS HEREBY FURTHER ORDERED that the collection franchisees notify their affected customers prior to implementing the new rates in the manner set forth in Marion County Ordinance 615, as amended. IT IS HEREBY FURTHER ORDERED that except as amended herein, all other rates, charges and services shall remain in effect without change. IT IS HEREBY FURTHER ORDERED that the Order in the Matter of the Amendment of Rates for Franchise Solid Waste Collection Within the City of Keizer, Effective as of October 1, 2016 adopted on September 6, 2016 is hereby repealed on February 1,

22 IT IS HEREBY FURTHER ORDERED that the collection franchisees deliver a written report to the City Manager no later than February 28, Such report shall cover calendar year 2019 and detail, at a minimum the information set forth in Ordinance , Section 9C. IT IS HEREBY FURTHER ORDERED that this Order shall be effective February 1, 2019, until replaced. PASSED this day of, SIGNED this day of, Mayor City Recorder

23 FRANCHISED SOLID WASTE MAXIMUM COLLECTION RATES CITY OF KEIZER - February Rate Rate (1) RESIDENTIAL - CURB SIDE CART SERVICE PACKAGES (A) 20 gallon solid waste cart service only This service includes recycling (B) 20 gallon solid waste cart service Service consists of one 20 gallon solid waste cart collected weekly, one 95 gallon mixed recycle cart collected bi-weekly, and one 95 gallon organic cart collected weekly (C) 35 gallon solid waste cart service Service consists of one 35 gallon solid waste cart collected weekly, one 95 gallon mixed recycle cart collected bi-weekly, and one 95 gallon organic cart collected weekly Each occasional extra pick up (17 gallon equals 30lbs.) Each occasional extra pick up (35 gallon equals 60lbs.) (D) 65 gallon solid waste cart service Service consists of one 65 gallon solid waste cart collected weekly, one 95 gallon mixed recycle cart collected bi-weekly, and one 95 gallon organic cart collected weekly Each occasional extra pick up (17 gallon equals 30lbs.) Each occasional extra pick up (35 gallon equals 60lbs.) (E) Residential "On Call" service (F) Extra Yard Debris Cart Residential full service only - per cart (G) Yard Debris Cart Only Residential and non-residential rate (H) Contamination Fee (I) Commingle Recycle Only Cart Residential and non-residential rate

24 FRANCHISED SOLID WASTE MAXIMUM COLLECTION RATES CITY OF KEIZER - February Rate Rate (2) RESIDENTIAL-MULTI FAMILY & MOBILE HOME PARKS (1) 4 Units or less 20 gallon: full service gallon: opt-out yard debris gallon: full service (2) 5 Units or more - single billing 20 gallon: no yard debris gallon: no yard debris Residential Full Service Includes: Haulers will make available color-coded calendar for each customer that specifies bi-weekly collection schedule Haulers provide automated roll carts - included in service price Customers will not place larger items or over fill cart. Overfilled carts will be charged accordingly. Customers will not place hazardous chemicals, paint, corrosive materials or hot ashes into the carts Roll cart service may not be appropriate for customers that do not provide access to the cart (for automated equipment) - or for non-compliance with restrictions outlined above. Damaged carts will be billed at replacement cost A vacation credit shall be given for Customers who stop service for a period of three consecutive weeks or longer. Not to exceed 2 times per year. Maximum Cart Weights 20 gallons - 40 lbs per week 35 gallons - 60 lbs per week 65 gallons lbs per week 95 gallons lbs per week

25 FRANCHISED SOLID WASTE MAXIMUM COLLECTION RATES CITY OF KEIZER - February Rate Rate (3) COMMERCIAL ROLL CART SERVICE Commercial 35 gallon roll cart - curb Commercial 65 gallon roll cart - curb Commercial 65 gallon food waste Commercial 95 gallon roll cart - curb Haulers to provide automated roll carts - included in service price Customers will not place larger items or over fill cart (lid must close completely prior to collection) Customers will not place hazardous chemicals, paint, corrosive materials or hot ashes into the carts Roll cart service may not be appropriate for customers that do not provide access to the cart (for automated equipment) - or for non-compliance with restrictions outlined above. Commerical roll cart service includes one 95 gallon commingle cart - any additional carts will be billed at $2.00/month per cart Cardboard service provided with container service Cardboard service provided with cart services will be billed $10.00 per month container rental fee. Maximum Cart Weights 35 gallons - 60 lbs per week 65 gallons lbs per week 95 gallons lbs per week (A) BUNDLES, BOXES, SACKS, OR OVERFILLED CARTS Rate based on volumes equivalent to 35 gallon cart (4) CONTAINER SERVICE - Weekly Service, Monthly Rate Rate Rate (A) CONTAINER - MANUAL FRONT LOAD - LOOSE One yard First stop Each added stop One & one-half yard First stop Each added stop Two yard First stop Each added stop Three yard First stop Each added stop Four yard First stop Each added stop Five yard First stop Each added stop Six yard First stop Each added stop

26 FRANCHISED SOLID WASTE MAXIMUM COLLECTION RATES CITY OF KEIZER - February Rate Rate (B) CONTAINER - AUTOMATED FRONT LOAD - LOOSE Two yard First stop Each added stop Three yard First stop Each added stop Four yard First stop Each added stop Five yard First stop Each added stop Six yard First stop Each added stop Eight yard First stop Each added stop One time container locking fee $30.00/per container Hauler may, at their discretion, include a "no fee/no key" lock on recycling containers Container delivery fee - $30.00 for container use on short term rental basis (C) RESIDENTIAL SPECIAL CLEAN-UP CONTAINER Rate Rate Two yard First stop Each added stop Container must be accessible to truck: weight limit 750 lbs Three yard First stop Each added stop Container must be accessible to truck: weight limit 1000 lbs (D) CONTAINER - COMPACTED Customer supplies the compactor and container. Rate for first and added stop is triple the rate for same size container for shredded, altered or mechanically compacted waste.

27 FRANCHISED SOLID WASTE MAXIMUM COLLECTION RATES CITY OF KEIZER - February (5) DROP BOX SERVICE / COMPACTOR All rates are plus disposal fee, rental charges, and mileage, where applicable Minimum service: 10 cubic yard (A) LOOSE MATERIAL Rate Rate 10 yard Temp box delivery fee yard Temp box delivery fee yard Temp box delivery fee yard Temp box delivery fee (B) COMPACTED MATERIAL Cost per yard for service (25 YD MINIMUM) Customer supplies compactor or box (per yd for first 25 yds) 6.52 Minimum Disposal fee x 1.11% the cost of disposal ticket (C) ADDITIONAL CHARGES Rental per day, after first 48 hours 7.00 Montly rental Mileage charge for more than five mile radius from base station, per running mile 1.13

28 FRANCHISED SOLID WASTE MAXIMUM COLLECTION RATES CITY OF KEIZER - February (6) MEDICAL WASTE COLLECTION RATES (A) Services provided by Marion Environmental Service Commercial Medical Waste Collection Rate Rate Rate Rate Rate Heavy Volume Low Volume Heavy Volume Low Volume 75+ Boxes 1-74 Box 60+ Boxes 1-59 Box 20 Gallon Bx/Bg Keizer Ea. Addtl. 20 Gallon Bx/Bg Keizer Gallon Bx/Bg Keizer Ea. Addtl. 35 Gallon Bx/Bg Keizer Salem Hospital - Pick-up only - No Box/Bag Supplied 20 Gallon Bx/Bg Keizer Gallon Bx/Bg Keizer Items Purchased Lids 20 Gallon ~ 35 Gallon Lids Sharps Sharps Containers Haulers Sharps Case Haulers Sharps Containers Box/Bags 2016 Rate 2019 Rate 20 Gallon Bag only Gallon Box only Gallon Box~Bag Gallon Bags per case/ Gallon Bag only Gallon Box only Gallon Box~Bag Gallon Bags per case/ Storage Container Rental Monthly Renal Minimum $30.00/$ Hourly Rate Trip Charge = $1.66 per minute 2016 Rate 2019 Rate (B) RESIDENTIAL BIO-MEDICAL SHARPS CONTAINER $ (OAR ) One gallon specially designed container, delivered to the door. To be used until filled and then collected by hauler separately from municipal solid waste. May not be left at the curb for pick up.

29 FRANCHISED SOLID WASTE MAXIMUM COLLECTION RATES CITY OF KEIZER - February (7) SPECIAL SERVICES AND MISCELLANEOUS SERVICES If debris exceeds 10 yards, use drop box at hauler's discretion. Unless noted, prices reflect disposal only, trip charges may apply. CALL BACK SERVICE (A) JANITORIAL SERVICES, CALL BACKS, AND OTHER SPECIAL SERVICES 2016 Rate 2019 Rate 2016 Rate 2019 Rate All fees in addition to disposal One Man One Man Two Man Two Man 1/4 hour /2 hour /4 hour hour All fees in addition to disposal charged at $13.00 per yard Maximum trip charge (B) TIRES Rate Rate Passenger tires (up to 16") Passenger tires (up to 16") w/rims Truck tires Truck tires w/rims Tractor tires - special service and disposal rates apply

30 FRANCHISED SOLID WASTE MAXIMUM COLLECTION RATES CITY OF KEIZER - February (C) LARGE MAJOR APPLIANCES AND FURNITURE Appliances $ $15.00 service fee for large appliances - plus cost for freon removal, and hourly labor to remove and dispose Special items: Rate Rate 1.) large furniture (couch, dresser, etc.) ) small furniture (arm chair) ) hide-a-bed ) table & 3-4 chairs ) mattresses twin twin box spring full/queen full/queen box spring king double twin box spring for king (rates increase if items are wet) 6.) bathtub/sink/toilet fiberglass tub/shower cast iron tub/shower will quote will quote sink/toilet double sinks will quote will quote 7.) hot water heaters ) carpets will quote will quote 9.) computers & peripherals ) televisions & monitors 15-20" " " larger will quote will quote (8) RESTART (delinquent customers) Restart delinquent account fee Precise charge for receptacle pick-up and return, all areas: per set of carts per container per drop box 25.00

31 31 CITY COUNCIL MEETING: December 17, 2018 AGENDA ITEM NUMBER: TO: THROUGH: FROM: SUBJECT: MAYOR CLARK AND COUNCIL MEMBERS CHRISTOPHER C. EPPLEY, CITY MANAGER E. SHANNON JOHNSON, CITY ATTORNEY ORDINANCE AMENDING KEIZER DEVELOPMENT CODE At the November 19, 2018 Council meeting, Council directed staff to prepare an Ordinance approving the Keizer Development Code text changes to revise the Code relating to the development standards. Such Ordinance is attached for your review. RECOMMENDATION: Adopt the attached Ordinance. Please let me know if you have any questions. Thank you. ESJ/tmh

32 A BILL ORDINANCE NO FOR AN ORDINANCE AMENDING KEIZER DEVELOPMENT CODE REGARDING SECTION (DEFINITIONS), SECTION (DEVELOPMENT STANDARDS), SECTION (SUMMARY OF APPLICATION TYPES), SECTION (ADMINISTRATIVE LAND USE PROCEDURES), AND SECTION (GENERAL PROCEDURES TYPE I, II, AND III ACTIONS); AMENDING ORDINANCE WHEREAS, the Keizer Planning Commission has recommended to the Keizer City Council amendments to the Keizer Development Code (Ordinance No ); and WHEREAS, the City Council held a hearing on this matter on November 19, 2018 and considered the testimony given and the recommendation of the Keizer Planning Commission; and WHEREAS, the Keizer City Council has determined that it is necessary and appropriate to amend the Keizer Development Code as set forth herein; and WHEREAS, the Keizer City Council has determined that such amendments meet the criteria set forth in state law, the Keizer Comprehensive Plan, and the Keizer Development Code; NOW, THEREFORE, The City of Keizer ordains as follows: 26

33 33 1 Section 1. FINDINGS. The City of Keizer adopts the Findings set forth in 2 Exhibit "A" attached hereto and by this reference incorporated herein. 3 Section 2. AMENDMENT TO THE KEIZER DEVELOPMENT CODE The Keizer Development Code (Ordinance No ) is hereby amended by the adoption of the changes to Section (Definitions), Section (Development Standards), Section (Summary of Application Types), Section (Administrative Land Use Procedures), and Section (General Procedures Type I, II, and III Actions) as set forth in Exhibit "B" attached hereto, and by this reference incorporated herein. 10 Section 3. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional, or is denied acknowledgment by any court or board of competent jurisdiction, including, but not limited to the Land Use Board of Appeals, the Land Conservation and Development Commission and the Department of Land Conservation and Development, then such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. /// /// ///

34 Section 4. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after its passage. PASSED this day of, SIGNED this day of, Mayor City Recorder

35 35 EXHIBIT A Findings regarding the adoption of amendments to Section 1.200(Definitions); Section 2.315(Development Standards); Section 3.101(Summary of Application Types); Section (Administrative Land Use Procedures) and Section (General Procedures-Types I, II, and III Actions) of the Keizer Development Code (KDC). The City of Keizer finds that: 1. General Findings. The particulars of this case are found within Planning file Text Amendment Public hearings were held before the Planning Commission on September 12, 2018 and before the City Council on November 19, Criteria for approval are found in Section of the Keizer Development Code. Amendments to the Comprehensive Plan or Development Code shall be approved if the evidence can substantiate the criteria are met. Amendments to the map shall be reviewed for compliance with each of the criteria contained in Section , while text amendments shall only be reviewed for compliance with Section B, C, and D. Given that this is a text amendment, Section A is not applicable. 3. Section B - A demonstrated need exists for the product of the proposed amendment - Findings: The proposed revisions to the Keizer Development Code (KDC) reflect a demonstrated need. The existing language in the KDC was unclear as to the process and criteria for reviewing and approving a Development Standards Alternative application. These amendments clarify the process and provide minor changes to multiple sections of the KDC in order to provide continuity within the document. In addition, the proposed changes clarify building design standards and color requirements. Therefore, this proposal complies with this review criterion. 4. Section C- The proposed amendment to the Keizer Development Code complies with statewide land use goals and related administrative rules FINDINGS: The text amendments comply with the statewide land use planning goals as discussed below. Goal 1 Citizen Involvement: The adoption of this ordinance followed notice, a public process involving public hearings, deliberation, and ordinance adoption. Public notice was provided in the Keizertimes newspaper. Public hearings were held before the Planning Commission on September 12, 2018, and before the City Council on November 19, Citizens were afforded the opportunity to

36 36 participate in the public process. This process is consistent with the provision for providing an opportunity for citizens to be involved in all phases of this planning process as is required by this goal and with implementing administrative rules within Oregon Administrative Rules. Goal 2 Land Use Planning: This ordinance amends the Keizer Development Code. The city has an adopted comprehensive plan acknowledged by the state. The adoption proceeding was conducted in a manner consistent with the Keizer Comprehensive Plan, Keizer Development Code, and applicable state law. The revisions to the Keizer Development Code are consistent with this statewide planning goal and administrative rules. Goal 3 Farm Land: The purpose of this goal is to protect lands that are designated for agricultural uses. Within the city limits the Exclusive Farm Use (EFU), Special Agriculture (SA), Urban Transition (UT), and Public (P) allow commercial agricultural uses. However, only the city s SA zone is a state recognized EFU qualifying zone. The amendments involve regulations affecting Development Standards and the process for conducting a Development Standards Alternative review and approval. These changes will not affect lands that are outside the city limits or any lawful uses occurring on those lands. Nothing in the amendments will affect the ability for an existing farm use to continue, or for a new farm use to be established on appropriately zoned property. Therefore, the amendments will comply with the Farm Land Goal and with implementing administrative rules. Goal 4 Forest Land: The intent of this goal is to protect lands designated for commercial forest uses. There are no zoning districts specifically designated within the city limits that will allow for commercial forestry. Also, there are no commercial forest lands near, or adjacent to the city limits of Keizer. The amendments to the KDC do not involve any land which is designated as forest land, nor will it impact the use of any forest lands. The amendments will comply with this Goal and with implementing administrative rules. Goal 5 Natural Resources, Scenic and Historic Areas, and Open Spaces: The intent of the Natural Resources Goal is to protect various natural resources and conserve scenic and historic areas and open spaces. The city has a local wetland inventory of sites where wetland soils may be present. The city has an adopted Willamette River Greenway Overlay zone to protect resources along the Willamette River. There are no identified big game habitats within the city limits of Keizer. The city established a Resource Conservation overlay zone to maintain, preserve and protect the natural features adjacent to Claggett Creek. In addition, the City has storm water regulations to protect water quality of the local water ways. These changes will not affect or preclude any of the city s natural resources protection regulations nor the lawful use of any properties that are within this overlay zone. Therefore, the amendments will be consistent with this goal and with administrative rules which implement this goal.

37 37 Goal 6 Air, Water and Land Quality: The intent of this goal is to protect the city s air, water and land qualities. The city provides its residents with city water from groundwater sources. The quality of the water is monitored to ensure that it complies with all state and federal water quality standards. New construction is required to be connected to the established sanitary sewer system thereby reducing the potential of groundwater contamination from failing on-site septic systems. The city has storm water regulations which are to maintain water quality in the Willamette River and local streams. Land quality is preserved through the city s erosion control regulations and through zone code development regulations. Air quality is preserved through the city s development code regulations which limit certain types of uses and are enforced by appropriate state agencies which govern air emission standards. The revisions will have no effect on Air, Water and Land Quality and therefore will comply with this goal and with the administrative rules that implement this goal. Goal 7 Natural Hazards: The purpose of this goal is to protect life and property from hazards resulting from flooding, steep slopes or other natural occurrences. The city has floodplain regulations that govern the placement of structures within identified 100-year floodplains within the city limits. In Keizer, these are primarily located along the Willamette River and smaller streams such as Claggett Creek. The floodplains have been mapped by the federal government. The intent of the floodplain regulations is to minimize the loss of life and property damage by preventing development, elevating structures above the flood elevation, or flood proofing structures in the floodplain. While there are some steep slopes in the northwest quadrant of the city, there are no mapped areas of steep slopes in Keizer that might warrant any special engineering. The text amendments will neither impact this goal nor any administrative rules. Goal 8 Recreation: This goal requires the city to identify and plan for the current and future recreation needs of the residents of the city. The city has an adopted Parks and Recreation Master Plan that inventories parks, playgrounds, and recreational opportunities within the city limits and plans for the city s future park and recreation needs. The amendments will have no impact on the recreational activities that occur on any park land within the city and will not impact either this goal or any administrative rules that implement it. Goal 9 Economic Development: The intent of this goal is to ensure that the city plans for its overall economic vitality. The City has an adopted Economic Opportunities Analysis which addresses projected job needs based on both regional growth patterns and desired targeted industries. The growth forecast calls for a total of 3,774 new jobs over the next 20 years. The adopted Economic Opportunities Analysis identifies a net need for commercial and institutional lands amounting to 63.3 gross acres above and beyond what the City s remaining buildable employment lands can accommodate. The text amendment will not

38 38 have any adverse impact on the economic development activities or uses within the city. Therefore, the changes are consistent with this goal. Goal 10 Housing: This goal requires the city to plan and provide for the housing needs of its residents. The adopted Housing Needs Analysis found that for the upcoming 20-year period that there will be a need for 4,513 new units to house the future population. The inventory of buildable residential lands contain a supply of acres which are vacant, partially vacant or re-developable and can accommodate an estimated 2,422 units resulting in 2,090 units which must be accommodated beyond the City s existing capacity. When this remaining land need is apportioned to Keizer s residential zones, the HNA estimates a 20-year need of 267 gross acres of residential land. The amendments will have no impact on this goal. Goal 11- Public Facilities and Services: The intent of this goal is to develop a timely, orderly and efficient arrangement of public facilities and services necessary to serve the residents of Keizer. The city provides its residents with water, an established street system, administrative services and police services. Sanitary sewer service is provided by the city of Salem through an intergovernmental agreement. Fire protection services are provided by the Keizer Fire District or Marion County Fire District #1. There is sufficient capacity in the municipal water delivery system and also within the sanitary sewer treatment system to accommodate planned growth within the upcoming 20 year planning period. The text amendments will not impact any of the city s public facilities and services. Therefore, the revisions will comply with this goal and all administrative rules. Goal 12 Transportation: The city has an adopted Transportation System Plan that describes the city s transportation systems. This system includes streets, transit, bike, and pedestrian systems. It inventories the existing systems and contains plans for improving these systems. The text amendment will not affect any transportation facility within the city limits and so is consistent with Section regarding Transportation Planning Rule compliance. The text amendment will have no adverse impact on the city s transportation systems and so will not affect this goal or any implementing rules. Goal 13 Energy Conservation: This goal seeks to maximize the conservation of energy. All new construction requires compliance for review to applicable energy conservation standards. The text amendments will have no impact on this goal or any of the implementing administrative rules. Goal 14 Urbanization: The intent of this goal to provide for an orderly and efficient transition from rural to urban land use. The city has an adopted Comprehensive Plan and zone code that complies with the goal. The text amendments will affect only land that is within the city limits and will not impact

39 39 the use of any land being transitioned from rural to urbanized uses and is therefore consistent with this goal. Goal 15 Willamette River: This goal seeks to protect, conserve, and maintain the natural, scenic, historical, agricultural, economic and recreational qualities of lands along the Willamette River. The revisions to the city s development code will have no impact on the ability of the city to regulate uses along the river or the Willamette River overlay zone regulations and so this goal is not applicable. Goal 16 (Estuarine Resources), Goal 17 (Coastal Shorelands), Goal 18 (Beaches and Dunes), and Goal 19 (Ocean Resources) govern areas along the ocean. Since Keizer is not located along the coast these goals are not applicable. In consideration of the above findings, the revisions comply with all applicable statewide land use goals and with all applicable administrative rules which implement the relevant goal. 5. Section D - The amendment is appropriate as measured by at least one of the following criteria: a. It corrects identified error(s) in the previous plan. b. It represents a logical implementation of the plan. c. It is mandated by changes in federal, state, or local law. d. It is otherwise deemed by the council to be desirable, appropriate, and proper. FINDINGS: The text amendments will revise Section 2.315(Development Standards) along with several other related sections of the Keizer Development Code in order to clarify the process for reviewing and approving a Development Standards Alternative application. The changes modify building design standards providing greater consistency between zones, and modify color requirements to simplify administration and give greater flexibility to accommodate the business community. The amendments will also modify several sections of KDC to provide continuity and to align the proposed changes with other sections within the KDC. These changes represent a logical implementation of the Keizer Comprehensive Plan. The City Council has, by this adoption, determined that the text revisions are desirable, appropriate, and proper. As such, the changes comply with this criterion.

40 DEFINITIONS General Provisions A. General and Specific Terms. The definitions contained in this Section include those that are applicable to the entire ordinance (general), and those terms that are apply to specific Sections (specific). Terms used in specific Sections are identified as follows: [Adult] Adult Entertainment Business; Section [Flood] Floodplain Overlay Zone; Section [Greenway] Greenway Management Overlay Zone; Section [Historic] Historic Resources; Section [RV Park] Recreational Vehicle Park; Section [Signs]Signs; Section B. Interpretation. When there are two definitions for the same word or phrase, then the definition most applicable for the given situation shall apply. If appropriate, specific terms may be applied to general situations. (5/98) Grammatical Interpretation. Words used in the masculine include the feminine, and feminine the masculine. Words used in the present tense include the future, and the singular includes the plural. The word "shall" is mandatory. Where terms or words are not defined, they shall have their ordinary accepted meanings within the context of their use. The contemporary edition of Webster's Third New International Dictionary of the English Language (principal copyright 1961) shall be considered as providing accepted meanings. (5/98) Diagrams Diagrams are provided for terms or phrases in order to provide an illustrative example. (5/98) Definitions. The following words and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this Section: Access: The way or means by which pedestrians and vehicles shall have ingress and egress to property. (5/98) Access Easement: A narrow, private, limited use roadway, which provides access to a public street for properties that do not have usable public street frontage. (11/16)

41 41 Accessory Residential Housing: A, subordinate dwelling unit the use of which is incidental to the main building and is used as dwelling or living quarters. (5/98) Accessory Structure: A detached, subordinate building or portion of a main building, the use of Accessory Housing which is incidental to the main building or use of the land, but does not include dwellings or living quarters. (5/98) Accessory Structure [Flood]: Sheds or small garages less than 480 square feet in area that are exempt from elevation or flood proofing requirements. (5/98) Accessory Use: A use incidental and subordinate to the main use of the parcel, lot or building. (5/98) Adjacent: Near or close, but not necessarily abutting or contiguous. For example, a parcel next to, or across the street from, another parcel shall be considered "adjacent." (5/98) Accessory Structure Administrative : A decision made by applying the existing standards contained in this Ordinance and without a public hearing. (5/98) Adult entertainment business [Adult]: A term intended to cover a broad range of activities characterized by live, closed circuit, digital, or reproduced material which has an emphasis on nudity and/or sexual activity. Adult businesses limit their patrons to persons at least 18 years of age. The term "adult entertainment business" also includes the full range of adult motion picture or video theaters and related businesses, such as adult bookstores, adult theaters, adult massage parlors, adult lotion studios, adult arcades, adult cabarets, adult paraphernalia shops, and other establishments which make up a substantial or significant portion of the establishment's activities or merchandise and constitute a continuing course of conduct of exhibiting specified sexual activities and/or nudity in a manner which appeals to a prurient interest. The term "adult entertainment business" also includes other uses similar to the uses mentioned above, presenting material for patrons to view (live, closed circuit, or reproductions), providing massage or lotion studios for the purpose of fondling or other erotic touching of specified anatomical areas and/or purchase or rent of merchandise which emphasizes nudity and/or specified sexual activity in a manner which appeals to a prurient interest, and limiting entrance to patrons who are over 18 years of age. (5/98)

42 42 Alteration [Historical]: A change, addition, or modification to the exterior of a building. (5/98) Alteration or Altered [Sign]: Any change in the size, shape, method of illumination, position, location, construction, or supporting structure of a sign. A change in sign copy or sign face shall not be considered an alteration. (5/98) Alteration, Structural: Any change in the exterior dimensions of a building, or, a change which would affect a supporting member of a building, such as a bearing wall, column, beam, or girder. (5/98) Appeal: A request for a review of a decision authority's action on an application. (5/98) Applicant: The property owner of record or contract purchaser. (5/98) Approved: Means approved by the Community Development Director, Hearings Officer, Planning Commission or City Council having the authority to grant such approval. (5/98) Architectural Front: For the purposes of determining building setbacks for residential single and multi-family buildings as permitted in the RL, RM, RH, RC and MU zones the architectural front of a building is opposite the architectural rear. The architectural front is typically the façade with the main point of entry into the building and may include doorways, stairs, windows, and other architectural features typically found on a front of the residential building. It may be oriented towards a street or towards an internal parking lot. (6/07) Architectural Rear: For the purposes of determining building setbacks for residential single and multi-family buildings as permitted in the RL, RM, RH, RC and MU zones the architectural rear of a building is opposite the architectural front, or the façade with the main point of entry into the building. The architectural rear is typically the side of the building that may include such features as porches, patios or other features for use of either individual or multiple units. (6/07) Architectural Side: For the purposes of determining building setbacks for residential single and multi-family buildings as permitted in the RL, RM, RH, RC and MU zones the architectural side of a building is perpendicular to both the architectural front and rear. The architectural side is typically the façade without any significant architectural features found on either the front or rear of the building. (6/07) Area: The total area circumscribed by the boundaries of a lot or parcel, except that: 1. When the legal instrument creating the property shows the boundary extending into a public street right-of-way, then for purposes of computing the lot or parcel area shall be the street right-of-way line,

43 43 or if the right-of-way line cannot be determined, a line running parallel to and 30 feet from the center of the traveled portion of the street. (5/98) 2. Private access easements, and the access strips to flag-lots, shall not be included when calculating the area of a lot or parcel. (5/98) Area [Sign]: The area of a sign shall be the entire area within any type of border, which encloses the outer limits of any writing, representation, emblem, figure, or character. If the sign is enclosed in a frame or cabinet the area is based on the inner dimensions of the frame or cabinet surrounding the sign face. When a sign is on a base material and attached without a frame, such as a wood board or Plexiglas panel, the dimensions of the base Sign Area material are to be used. The area of a sign having no such perimeter, border, or base material shall be computed by enclosing the entire area within a parallelogram or a triangle of the smallest size sufficient to cover the entire message of the sign and computing the area of the parallelogram or a triangle. For the purpose of computing the number of signs, all writing included within such a border shall be considered one sign, except for multi-faced signs on a single sign structure, which shall be counted as one sign per structure. The area of multi-faced signs shall be calculated by including only one-half the total area of all sign faces. (5/98) Area of Special Flood Hazard [Flood]: Land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. (5/98) Attached Dwellings: Two or more dwelling units on separate properties that share a common wall for a full story that adjoins enclosed habitable space on each side. Attached dwellings shall be joined along a common wall for no less than one story for a distance of at least 10 feet. (01/02) Automobile, Recreational Vehicle or Trailer Sales: A lot used for display, sale, or rental of new or used automobiles, recreational vehicles or trailers and where repair work is limited to minor, incidental repairs. (5/98) Awning [Sign]: A shelter supported entirely from the exterior wall of a building and composed of nonrigid materials, except for the supporting framework. (5/98) Sign Awning Base Flood Level [Flood]: The flood level having a 1 percent chance of being equaled or exceeded in any given year (100 year flood plain). (5/98)

44 44 Basement: That habitable portion of a building between floor and ceiling which is all below, or partly below and partly above, grade, but so located that for all exterior walls the average vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling. If such portion of a building is not a basement, then it shall be considered a story. (5/98) Bed and Breakfast Establishment: A structure designed and occupied as a residence and in which sleeping rooms are provided on a daily or weekly basis with a morning meal provided. (5/98) Basement Berm: A linear mound of soil. (5/98) Bicycle Facilities: Improvements which provide for the needs of cyclists, including bicycle paths, bicycle routes and bicycle parking. (5/98) Biomass Facility: An electric generating facility that burns wood, agricultural products, other plant or animal waste or material solid waste as fuel to produce steam which is converted to electricity. This definition also includes a gasification, methane fermentation, or alcohol fuel production facility. (5/98) Block: A parcel of land bounded by 3 or more through streets. (5/98) Berm Building: A structure having a roof and built for the support, shelter, or enclosure of persons, animals, or property of any kind. Recreational vehicles shall not be considered buildings. (5/98) Building Coverage: The portion of a lot or parcel covered or occupied by buildings or other structures. (5/98) Building Face [Sign]: The single wall surface of a building facing a given direction. (5/98) Block Building Frontage [Sign]: The portion of a building face most closely in alignment with an adjacent right-of-way or fronting a parking lot. A service station may use the longest side of an overhanging Building Face & Frontage

45 45 canopy for building frontage. (5/98) Building Height: The vertical distance from the average elevation of the finished grade to the highest point of the structure. By definition, building height does not include architectural and building features exempt from height restrictions. (5/98) Building Height Building, Main: A building within which is conducted the principal use of the property. (5/98) Building Official: An individual empowered by the City to administer and enforce the Uniform Building Code (UBC). (5/98) Building Plane: The plane of a building wall that extended from the ground to the top of each wall of a structure. Area is determined by multiplying the length of each wall by the height. The plane does not include roof area. Cabana: A stationary structure with two or more walls, used in conjunction with a manufactured home to provide additional living space and meant to be moved with the manufactured home. (5/98) Canopy Sign [Sign]: A sign hanging from a canopy or eve, at an angle to the adjacent wall. (5/98) Carpool: A group of two or more commuters, including the driver, who share the ride to and from work or other destinations. (5/98) Carport: A structure consisting of a roof and supports for covering a parking space and of which not more than one side shall be enclosed by a wall or storage cabinet. (5/98) Canopy Sign Cemetery: Land used or intended to be used for the burial of the dead, and dedicated for cemetery purposes, including a columbarium, crematory, mausoleum, or mortuary, when operated in conjunction with and within the boundary of such cemetery. (5/98) Change of Use: A change from one type of use of a building or land to another type of use. (5/98) Change of Use [Greenway]: Making a different use of the land than that which existed on December 6, It includes a change which requires construction, alterations of the land, water or other areas outside of existing buildings or structures and which substantially alters or affects the land or water. It does not

46 46 include a change of use of a building or other structure which does not substantially alter or affect the land or water upon which it is situated. The sale of property is not in itself considered to be a change of use. An existing open storage area shall be considered to be the same as a building. Landscaping, construction of driveways, modifications of existing structures, or the construction or placement of such subsidiary structures or facilities as are usual and necessary to the use and enjoyment of existing improvements shall not be considered a change of use. (5/98) Child Foster Home: Any home maintained by a person who has under the care of the person in such home any child under the age of 18 years not related to the person by blood or marriage and unattended by the parent or guardian for the purpose of providing such child s care, food and lodging. This use must have a current certificate of approval issued by the State of Oregon (6/99) Church: See House of Worship. (5/98) City: The City of Keizer, Oregon. (5/98) Clinic: A facility operated by a group of physicians, dentists, or other licensed health practitioners on an out-patient basis and not involving overnight housing of patients. (5/98) Club: An organization, group, or association supported by the members, the purpose of which is to render a service primarily for members and their guests, but shall not include any organization, group, or association the chief activity of which is to render a service customarily carried on as a business for profit. (5/98) Commission: The Planning Commission of Keizer, Oregon. (5/98) Common Open Space: An area, feature, building or other facility within a development intended for the use by the residents of the development. (5/98) Community Building: A publicly owned and operated facility used for meetings, recreation, or education. (5/98) Comprehensive Plan: The officially adopted City of Keizer Comprehensive Plan, as amended. (5/98) Conditional Use: A use, which is permitted in a particular zone or elsewhere in this ordinance only after review and approval as a conditional use, including non-conforming" conditional uses. (5/98) Condominium: A building or group of buildings, broken into separate units with each unit being separately owned, while the parcel on which the building(s) is located is held in a separate ownership. Condominiums are subject to the provisions of ORS to , and (5/98)

47 DEVELOPMENT STANDARDS Purpose The Development Standards herein called Standards are intended to implement the Keizer Comprehensive Plan and the purpose of each zoning district. Standards only include the development standards referred to in this Section. They do this by promoting functional, safe, and attractive developments that maximize compatibility with surrounding uses and commercial corridors, and that are compatible with and enhance the transportation system. The Standards mitigate potential conflicts and problems, and maximize harmonious relationships. Alternatives to the Standards on a case-by-case basis may be reviewed and approved as a land use action. In such cases, the purpose of this ordinance Development Code shall be met through factual findings and conclusions about the proposed design, and attachment of specific conditions if necessary, by the review body. Application of the Standards does not evaluate the proposed use, nor the specific architectural style or design. Rather, the Standards focus on the structural elements of texture, color, and materials, and on the site elements of building placement. (1/04) Applicability A. Exterior changes to all buildings in matters relating to color or facade materials only shall comply with the applicable or relevant development sstandards found in Section of this code. (10/15) B. Serial additions, alterations or expansions as defined in Section 1.2 of this code shall be limited so that the Sstandards specified in Section A and B are not exceeded in a 3-year period. (1/04) C. The provisions of this section shall apply to all development as defined in Section 1.2 of this code. (1/04) Exemptions The following are exempt from the Standards: (1/04) A. Structural additions, alterations, or expansions which are 25 percent or less of existing building(s) gross floor area and/or impervious surface area are affected; OR, when 500 square feet or less of an existing building(s) gross floor area and/or impervious surface area, whichever is less, is affected. (1/04)

48 48 B. Exterior changes involving the addition, alteration or moving of a door, window, porch, canopy, or awning where the combined area of change is less than 500 square feet in area in a 3-year period, (1/04) C. Repainting of exterior walls due to minor repairs or vandalism, which is 25% or less, or no more than 100 sq. ft. (1/04) D. Agricultural uses (1/04) E. Any residential building housing three or fewer dwelling units. (1/04) F. Accessory structures of less than 500 square feet. (5/98) GF. Any interior remodeling (1/04) HG. A temporary business (1/04) H. A Mobile Food Vendor Administration of the Development Standards These Standards are intended to be objective and to serve as a guide to designers of developments. The Standards are applied in one of four ways: (1/04) A. The Standards embodied in this ordinancedevelopment Code are administratively reviewed at the time of a building permit application. Compliance to the Standards is a condition of building permit approval. (1/04) B. In instances where conformance to the -Sstandards is outside of the scope of a building permit, such as repainting a building, the owner shall be responsible for conformance with these Standards. as contained in Section (1/04) C. The Standards embodied in this ordinance Development Code are to be perpetually maintained on all properties. This particularly applies to color and facade materials, which may change without requiring a building permit. (1/04) D. In the event a development proposal or a change to an existing building does not conform to the Sstandards contained in this ordinance due to an applicant wishing to propose alternatives, the applicant may choose to apply for approval of a Development Standards Alternative application. A Development Standards Alternative application shall comply with the same procedures as a Conditional Use Permit in Section 3.103, be processed as a Type II-B land use decision consistent with Section with Tthe initial decision shall be rendered by the Planning Commission, appealable to City Council. (Section C.). For properties located within the Keizer Station, the initial

49 49 decision shall be rendered by the City Council. No building permit will be issued for a use requiring Development Standards Alternative approval until the application is approved. (1/04) Non-Conforming Buildings Any building that did not conform to the Standards on May 18, 1998 is considered a legally non-conforming building as regulated within this Code. (1/04) Development Standards All applicable development must meet the following Sstandards: (5/98) A. Pedestrian Circulation. As used herein walkway means a hard surfaced area intended and suitable for use by pedestrians, including both public and private sidewalks. (1/04) 1. Connection Required. The pedestrian circulation system for the proposed development must connect uses, building entrances, adjacent streets and existing and planned (as adopted in the City Transportation System Plan) transit facilities (existing or planned)within 600 feet of the site. (7/09) 2. Walkway Location and Design. Walkway(s) shall be located so that a pedestrian can conveniently walk between a transit street and the entrance(s) to a building(s). Except where it crosses a driveway, a walkway shall be separated by a raised curb or other physical barrier from the auto travel lane and parking. If a raised path is used the ends of the raised portions must be equipped with curb ramps which comply with Oregon State Building Code rrequirements. (1/04) 3. Additional Street Access. OneA walkway from a building entrance to a public street shall be provided for every 300 feet of street frontage. (1/04) 4. Driveway Crossings. Driveway crossings shall be a maximum of 36 feet in width. Where the pedestrian system crosses driveways, parking areas and loading areas, the system must be clearly identifiable through the use of elevation changes, a different paving material, texture, or other similar method. (1/04) 5. Lighting. Lighting shall be provided for all walkways. Pedestrian walkways must be lighted to a level where the system can be safely used at night by employees and customers. (1/04) Pedestrian Access Standards

50 50 6. Walkway Coverage. a. Any portion of a walkway located within three feet of a building frontage shall be covered with awnings or building overhangs. The minimum vertical clearance shall be 9 feet for awnings and building overhangs. The maximum vertical clearance shall be 15 feet. (1/04) b. In the EG zone, aany portion of a walkway located within three feet of a building frontage shall be covered with awnings or building overhangs as provided in Subsection a, except for buildings, which have greater than 300 feet of lineal frontage, where this requirement shall apply to at least 33 percent of the building frontage. The maximum vertical clearance shall be 15 feet. (1/04) 7. Dimensions. Walkways shall be at least five feet in paved unobstructed width. Walkways that serve multiple uses or tenants shall have a paved minimum unobstructed width of eight feet. (1/04) 8. Stairs or ramps shall be in place where necessary to provide a direct route between the transit street and the building entrance. Walkways without stairs shall comply with the accessibility requirements of the Oregon State Building Code. (1/04) 9. Access to Adjacent Property. If the proposed development has the potential of being a significant attractor or generator of pedestrian traffic, potential pedestrian connections between the proposed development and existing or future development on adjacent properties other than connections via the street system shall be identified. (1/04) 10. The building permit application or Development Standards Alternative application shall designate walkways and pedestrian connections on the proposed site plan. If the applicant considers walkways are infeasible, evidence and proposed findings shall be submitted demonstrating that the walkway or connection is infeasible. The evidencefindings will be evaluated in conjunction with the building permit or Development Standards Alternative process. (1/04) B. Building Design 1. Ground floor windows a. In the CM, CR, and MU zones, all street-facing elevations containing permitted uses as listed under Sections F, G, H, I, J and K shall have no less than 50 percent of the ground floor wall area with windows, display areas or doorway openings. (5/98)

51 51 b. In the EG zone, one elevation of any building with more than 100,000 square feet of floor area, which contains permitted uses listed under Sections F, G, H, I, J, and K, shall have no less than 33 percent of the ground floor wall area, defined from the ground to the height of the awning, with windows or window facsimiles or other architectural features that simulate windows, display areas or doorway openings. The location of this elevation shall be determined as part of the required Master Plan review described in SectionChapter of this Zoning Ordinance. (10/18) 2. Building facades a. In the CM, CR, and MU zones, facades that are visible fromface a public street shall extend no more than 30 feet horizontally without providing a variation in building materials, a building off-set of at least 2 feet, or a wall area this is entirely separated from other wall areas by a Façade Standards projection, such as a porch or a roof over a porch and no more than 15 feet between vertical design elements such as columns, pilasters, or patterns. No building facade shall extend for more than 300 feet without a pedestrian connection between or through the building, provided that there is a pedestrian purpose being served. (1/04) b. In the EG zone, facades facing a public street shall extend no more than 60 feet without providing a variation of building materials for buildings over 20,000 square feet. In the EG zone, no building facade shall extend for more than 400 feet without a pedestrian connection between or through the building, provided that there is a pedestrian purpose being served. (1/04) 3. Awnings Awnings or canopies, are a roof-like cover extending immediately in front of a doorway or window to provide protection from the sun or rain. Awnings shall be provided along building storefronts abutting a public sidewalk. Awnings are not allowed in locations not listed above. Awnings and canopies shall be constructed of canvass,

52 52 acrylic fabric, laminated vinyl, metal or similar standard material. Awnings and canopies of corrugated fiberglass or polycarbonate roofing shall be prohibited. Awnings and canopies shall not be back lit. (1/04) 4. Materials and Texture a. Building Materials. (1/04) 1) All buildings shall have wood, brick, stone, or stucco siding, or vinyl siding made to look like wood siding. Metal siding as described in this section shall be allowed. (5/98) 1) In the EG zone, Aall buildings shall have wood, brick, stone, architectural block, slump stone block, architectural concrete, or stucco siding, or vinyl siding made to look like wood siding as the predominant building material. (1/04) 2) A minimum of 2 separate and distinct building materials must be used. 32) Metal siding other than corrugated or reflective material are is allowed as part of a design to incorporate differing materials, but shall not be the predominant material used. Metal siding is not allowedexcept for residential buildings housing 3 or more dwellings and buildings within the EG zone metal siding is allowed with the exception of corrugated or reflective metal. (1/04) 43) Plain concrete masonry block, plain concrete, plywood and sheet press board may not be used as exterior finish materials. (1/04) b. Trim Material. (1/04) Building trim shall be wood, brick, stone, stucco, vinyl siding material made to look like wood, or metal. (1/04) c. Roofing Material. (1/04) Any roofing material is allowed including metal roofs. (5/98) d. Foundation Material. (1/04) Foundation material may be plain concrete or plain concrete block where the foundation material is not revealed for more than 3 feet. (5/98)

53 53 5. Color a. Any portion of a building that is painted or stained may use as the main color, and roof color for all portions of the roof visible from the ground, any color which meets all of the following criteria: (1/04) 1) The Red- Green-Blue factors (also known as XYZ factors) shall not exceed a saturation level of 20%. (1/04) 2) Each component factor, as a percentage of the whole component value, shall equal or exceed 38%, with no greater than a 20% difference between any of the three values. (1/04) 1) Exterior building colors shall be of low reflective, subtle, neutral or earth tone color. The use of high intensity colors such as black, neon, metallic or florescent colors for the façade of the building are prohibited except as may be approved for building trim. 3)2) Light Reflectance Value (LRV) of any color shall be between the values of 30 and 85. (1/04) 4)3) The finish shall be either matte or satin. (1/04) b. For the purpose of this ordinancesection, "main color" is the principal color of the building which must be at least 75% of the surface of the building excluding windows; the trim colors of all buildings may be any color except as set forth below. (1/04) c. In no case shall the main color or the trim color of any structure be "florescent", "day-glo", or any similar bright color. (1/04) 6. Roof Lines - Roof lines shall establish a distinctive top to a building. When flat roofs are proposed, a cornice a minimum 12 inches high projecting a minimum 6 inches from the wall at the top of the wall or parapet shall be provided. (5/98) 7. Roof-mounted equipment In a CM, CR, CO, EG or MU zone, all roofmounted equipment, including satellite dishes and other communication equipment, must be screened from view from adjacent public streets. Solar heating panels are exempt from this Sstandard. (1/04) C. Commercial Accessory Structures

54 54 1. Commercial Accessory Structures including buildings, sheds, trash receptacles, mechanical devices, and other structures outside the main building, shall either be screened from view by the public by either a hedge or fence,: OR, with the exception of trash receptacles, accessory structures including buildings, sheds, mechanical devices, and other structures outside the main building must be screened by painting them the same color as the main color of the building. (1/04) 2. Trash enclosures shall be designed to be large enough to accommodate the projected amount of trash being generated at the development. The area must be able to fully contain all necessary trash and recycling containers. (09/10) D. Alternative Design Solutions. (1/04) Depending upon the applicable review process identified in this code, the Planning Commission or City Council may approve design alternatives to the Standards in this chapter, or approve them with conditions, if it finds the alternative design can meet the purpose and intent of this ordinance and be successfully applied to a particular property. (1/04) E.D. Transit Facility Requirement New retail, office and institutional buildings at, or within 600 feet of an existing or planned transit facility, as identified in the city TSP, shall provide either the transit facility on site or connection to a transit facility along a transit route when the transit operator requires such an improvement. (7/09) F.E. Transit Access New retail, office and institutional buildings within 600 feet of an existing or planned transit facility, as identified in the city TSP, shall provide for convenient pedestrian access to transit through the measures listed in Subsections 1 and 2 below. (7/09) 1. Walkways shall be provided connecting building entrances and streets adjoining the site; (7/09) 2. Pedestrian connections to adjoining properties shall be provided except where such a connection is impracticable. Pedestrian connections shall connect the onsite circulation system to existing or proposed streets, walkways, and driveways that abut the property. Where adjacent properties are undeveloped or have potential for redevelopment, streets, access ways and walkways on site shall be laid out or stubbed to allow for extension to the adjoining property; (7/09)

55 55 3. In addition to Subsections 1 and 2 above, sites at transit facilities must provide the following: (7/09) a. Either locate buildings within 20 feet of the transit facility, a transit street, or an intersecting street or provide a pedestrian plaza at the transit facility or a street intersection; (7/09) b. A reasonably direct pedestrian connection between the transit facility and building entrances on the site; (7/09) c. A transit passenger landing pad accessible to disabled persons; (7/09) d. An easement or dedication for a passenger shelter if requested by the transit provider; and (7/09) e. Lighting at the transit facility. (7/09) G.F. Multifamily Design. Multifamily structures shall create a form and scale to provide interest and aesthetic appeal.a transition between the multifamily development and any adjacent single-family districts. When multifamily development abuts a single-family district, the following shall apply to multifamily structures within 50 feet of the common property line: (10/15) 1. In addition to the requirements outlined in all new apartment multifamily buildings shall include a minimum of 3 significant different materials and textures in the design of the exterior building envelope facade. (10/15) 2. Building planes for multifamily dwellings facing the property lines or the street abutting a residential district shall be subject to the following Sstandards: (10/15) a. No building plane that faces the street or common property line shall exceed 960 square feet within 30 feet of the property line. No building plane that faces the common property line shall exceed 1,400 square feet within 50 feet of the property line. (10/15) b. No building plane shall have a greater dimension than 40 feet in length or 35 feet in height. (10/15)

56 56 c. If more than one building plane faces a street or property line and the building planes align at a common distance from the line, the building planes shall be horizontally separated by at least 20 feet. For the purposes of this Sstandard, common distance shall be defined within 12 feet. (10/15) d. Building planes are defined as the plane of a building wall that extends from the ground to the top of each wall of a structure. Area is determined by multiplying the length of each wall by the height. (10/15) The plane does not include roof area. When a structure along a wall juts out from the wall, or is off-setoffset from an adjacent part less than 4 feet, the structure is considered part of the building plane of a wall behind it. If the structure protrudes greater than 4 feet, it represents a separate building plane. If a building plane is at an angle in relation to the property line, the midpoint of the wall shall provide the point at which the plane and related distance are measured. (10/15) Determination of Conformance to Development Standards as Part of Building Permit Review The Zoning Administrator, or designee, during the normal course of reviewing a building permit application, shall conduct a concurrent Development Review.include Aas part of that review, a determination of the proposal's conformance with the provisions of this chaptersection shall be determined. Corrections may be noted on the plans, or required to be submitted as amended plans, to assure conformance to the Sstandards or as a Ddesign Aalternative, which was approved by the planning Commission or City Council. Building plans shall not be approved unless there is conformance with the provisions of this Sectionchapter. (1/04) Criteria for Development Review Standards Alternative Approval The Planning Commission, or City Council (for properties within Keizer Station)upon appeal, may approve the proposed design alternatives, or approve them with conditions through a Development Standards Alternative application, if it finds the alternative design can meet the purpose and intent of this Sectionordinance and be successfully applied to a particular property. (5/98)

57 SUMMARY OF APPLICATION TYPES There are four types of development permits and land use actions, each with its own procedures as found in Chapter 3.2. (5/98) Type I Action - Summary Type I actions are administrative reviews processed by the City staff according to the procedures found in Section , 02 & 03. The review standards are generally clear and objective and allow little or no discretion. This process is further divided into four parts: (3/10) A. Type I-A: A ministerial action reviewed by staff based on clear and objective standards. Conditions may be placed on the decision and notice of the decision is sent only to the applicant. Appeal is to the Hearings Officer. The following actions are processed under the Type I-A procedure: (2/01) 1. Signs (excluding variances or conditional uses) (5/98) 2. Temporary Use Permit (3/10) B. Type I-B: A ministerial action reviewed by staff based on generally clear and objective standards with some discretion afforded to staff. Conditions may be placed on the decision and notice is sent to the applicant and property owners within the required notice area. Appeal is to the Hearings Officer. The Zoning Administrator may refer any application to the Hearings Officer or the City Council for public hearing and decision. The following actions are processed under the Type I-B procedure: (5/98) 1. Variance (Minor and Sign) (11/05) 2. Property Line Adjustment (6/16) 3. Conditional Use (except Transit Station) (5/09) 4. Partitions (5/98) 5. Greenway Development Permit (2/01) 6. Floodplain Development Permit (including Floodplain Development Permit Variance) (3/10) C. Type I-C: A ministerial action reviewed by staff based on generally clear and objective standards with some discretion afforded to staff. Conditions may be placed on the decision and notice is sent to the applicant. Appeal is to the Planning Commission. Notice is sent to property owners within the required notice area for public hearing. The Zoning Administrator may refer any application to the Planning Commission or the City Council for public hearing

58 58 and decision. The following action is processed under the Type I-C procedure: 1. Development Review (2/01) 2. Alternative Design Review for Accessory Residential Housing (Front Yard) (6/15) D. Type I-D: A ministerial action reviewed by staff based on generally clear and objective standards with some discretion afforded to staff. Conditions may be placed on the decision and notice is sent to the applicant and property owners within the required notice area. Appeal is to the Planning Commission. The Zoning Administrator may refer any application to the Planning Commission or City Council for public hearing and decision. The following actions are processed under the Type I-D procedure: (7/03) 1. Variance (Major) (7/03) Type II Actions - Summary A. A Type II action is a quasi-judicial review in which the Hearings Officer applies a mix of objective and subjective standards that allow considerable discretion. A Type II action follows the procedures found in Section Staff has an advisory role. The Zoning Administrator may refer any application to the City Council for public hearing and decision bypassing the Hearings Officer. Public notice and a public hearing are provided. Section lists the notice requirements. Appeal of a Type II decision is to the City Council. The following actions are processed under a Type II procedure: (2/01) 1. Subdivision (5/98) 2. Planned Unit Development (5/98) 3. Manufactured Home Parks (5/98) B. Type II-B: A quasi-judicial action in which the City Council applies a mix of objective and subjective standards that allow considerable discretion. Type II- B actions follow the procedures found in Section Staff has an advisory role. The City Council shall hold a public hearing and make the decision instead of the Hearings Officer. Public notice and a public hearing are provided. Section lists the notice requirements. Section sets forth the hearings process. The following actions are processed under a Type II-B procedure: (2/03) 1. Transit Station (5/09) 2. Designation or Removal of a Historic Resource (9/18)

59 Development Standards Alternative within Keizer Station C. Type II-C: A quasi-judicial action in which the Planning Commission applies a mix of objective and subjective standards that allow considerable discretion. Type II-C actions follow the procedures found in Section Staff has an advisory role. The Planning Commission shall hold a public hearing and make the decision instead of the Hearings Officer. Public notice and a public hearing are provided. Section lists the notice requirements. Section sets forth the hearings process. The following actions are processed under a Type II-C procedure: (9/18) 1. Nursing and Residential Care Facilities (6/11) 2. Cottage Cluster Developments with the creation of lots (6/14) 3. Cottage Cluster Developments with or without the creation of lots in an RS zone. (6/14) 4. Permit for demolition, modification, or moving of a Historic Resource (9/18) 4.5. Development Standards Alternative Type III Actions - Summary A Type III action is a quasi-judicial process in which the City Council applies a mix of objective and subjective standards. A Type III action follows the procedures found in Section Staff and the Hearings Officer have advisory roles for Comprehensive Plan Map Amendments and Zone Changes. Staff and Planning Commission have advisory roles for Annexations. Public notice is provided and public hearings are held before the Hearings Officer, Planning Commission and City Council as determined by the application. Section lists the notice requirements. In addition to applications by private parties, the City Council, by resolution, may initiate a Type III action. Appeal of the decision is to the Land Use Board of Appeals (LUBA). The following actions are processed under a Type III procedure: (2/01) A. Comprehensive Plan Map Amendments (involving 5 or fewer adjacent land ownerships) (5/98) B. Zone Changes (involving 5 or fewer adjacent land ownerships) (5/98) C. Annexation (5/98) D. Keizer Station Master Plans which may include Subdivision and Partitioning (4/10) E. Keizer Station Master Plan Amendment (10/18)

60 Type IV Actions - Summary A Type IV action is a legislative review in which the City considers and enacts or amends laws and policies. A Type IV action follows the procedures found in Section Private parties cannot apply for a Type IV action; it must be initiated by City staff, Planning Commission, or City Council. Public notice and hearings are provided in a Type IV process. The following actions are processed under a Type IV procedure: (2/01) A. Text Amendments to the Comprehensive Plan (5/98) B. Text Amendments to the Development Code (5/98) C. Enactment of new Comprehensive Plan or Development Code text (5/98) D. Comprehensive Plan Map Amendments (involving more than 5 adjacent land ownerships, or, non-adjacent properties) (5/98) E. Zone Changes (involving more than 5 adjacent land ownerships, or, nonadjacent properties) (5/98) LAND USE APPLICATION PROCESS (10/18) LAND USE ACTION TYPE STAFF HEARINGS OFFICER Signs, Temporary Use I-A Final Appeal of Staff PLANNING COM- MISSION CITY COUNCIL Appeal of H.O. decision Floodplain Development Permit (including Floodplain Development Permit Variances (3/10) Greenway Development Permit Conditional Use (except Transit Station) (5/09) Variance (Minor and Signs) I-B Final Appeal of Staff I-B Final Appeal of Staff I-B Final Appeal of Staff I-B Final Appeal of Staff Appeal of H.O. decision Appeal of H.O. Appeal of H.O. Appeal of H.O.

61 61 LAND USE ACTION TYPE STAFF HEARINGS OFFICER PLANNING COM- MISSION CITY COUNCIL Property Line Adjustment I-B Final Appeal of Staff Appeal of H.O. Partition I-B Final Appeal of Staff Appeal of H.O. Development Review Alternative Design Review for Accessory Residential Housing (Front Yard) (6/15) I-C Final Appeal of Staff I-C Recommendation to Planning Commission Final Variances (Major) I-D Final Appeal of Staff Appeal of Planning Commission Appeal of Planning Commission Appeal of Planning Commission Subdivision II Recommendation to Hearings Officer Final Appeal of H.O. Planned Unit Development II Recommendation to Hearings Officer Final Appeal of H.O. Manufactured Home Park II Recommendation to Hearings Officer Final Appeal of H.O. Transit Station (5/09) II-B Recommendation to City Council Final Designation or Removal of a Historic Resource (9/18) II-B Recommendation to City Council Final Development Standards Alternative II-B Recommendation to Planning Commission Final Appeal of Plan Comm Development Standards Alternative within Keizer Station II-B Recommendation to City Council Final

62 62 LAND USE ACTION TYPE STAFF HEARINGS OFFICER PLANNING COM- MISSION CITY COUNCIL Nursing and Residential Care Facilities (6/11) II-C Recommendation to Planning Commission Final Appeal of Plan Comm Cottage Cluster Development as a Conditional Use (6/14) II-C Recommendation to Planning Commission Final Appeal of Plan Comm Permit for demolition, modification, or moving of a Historic Resource (9/18) II-C Recommendation to Planning Commission Final Appeal of Plan Comm Comprehensive Plan Map Amendment III Recommendation to Hearings Officer Recommendation to City Council Final Zone Change III Recommendation to Hearings Officer Recommendation to City Council Final Annexation III Recommendation to Planning Commission Recommendation to City Council Final Keizer Station Master Plan III Recommendation to Planning Commission Recommendation to City Council Final Keizer Station Master Plan Amendment III Recommendation to City Council Final Text Amendments; Legislative Zone and Comprehensive Plan Map Changes IV Recommendation to Planning Commission Recommendation to City Council Final

63 ADMINISTRATIVE LAND USE PROCEDURES Signs Section establishes the procedures for review of sign permits. Administrative actions are a Type I-A review. The applicant must indicate compliance with the sign code requirements in Section Appeal of the decision is to the Hearings Officer. (2/01) Floodplain Development Permit Section establishes the procedures for review of development within the Floodplain. Administrative actions of this type are a Type I-B review. The applicant must indicate compliance with the floodplain development standards Section Appeal of the decision is to the Hearings Officer. (3/10) Greenway Development Permit Section establishes the procedures for review of development within the Greenway. Administrative actions are a type I-A review. The applicant must demonstrate compliance with the Greenway development standards in Section Administrative actions permit uses outright and are not subject to staff review. The proposed action, however, may require a building permit and/or floodplain development permit. Appeal of the decision is to the Hearings Officer. (2/01) Temporary Use Permit A. Permit Required. Each temporary business use under Section A., shall be required to obtain a permit from the Community Development Department to operate within the City. Copies of approved permits shall be forwarded to the Police Department and Fire District. (5/98) B. Requirements. The permit shall be issued by the Community Development Department, upon payment of the applicable fee, provided the intended use conforms to the requirements set forth in Section A., any conditions placed on approval and further provided that the applicant furnishes the following: (2/01) 1. A signed statement from the property owner or lessee of the primary use on said property: (1) Example of Temporary Use granting permission for the property to be used by the permit applicant, (2) copy of property deed or ground lease for subject property, (3) specifying the day(s) for which permission is granted, (4) containing the

64 64 name, mailing address and telephone number of the owner or lessee, and (5) acknowledging responsibility to ensure all litter, trash and materials on the property associated with the temporary use are removed within two days after the temporary use ceases. (2/01) 2. A signed statement from the permit applicant: (1) specifying the permit applicant's name, permanent home or business address (not P.O. Box), home or business telephone number, (2) specifying the type of use proposed by the applicant, (3) attaching proof that any applicable state or federal licenses or other requirements to engage in the temporary use proposed by the applicant have been granted by the appropriate governmental agencies, (4) acknowledging responsibility to ensure that all litter, trash and materials on the property associated with the temporary use are removed within two days after the temporary use ceases. (2/01) 3. Each applicant shall be accompanied by a site plan. The site plan shall be drawn to a standard scale on a 8 ½ x 11 sheet of paper. The site plan shall include the following: (1) locations of all existing structures, (2) proposed location of temporary use, (3) parking spaces and aisles within the parking lot, (4) driveways, and (5) streets. (2/01) C. Fee. The permit fee may be established by the City Council by resolution. The Community Development Department shall waive the permit fee for nonprofit organizations upon a written request for the waiver of said fee and appropriate proof that such organization has been granted nonprofit status by the Internal Revenue Service. (5/98) D. Length of Operation. In determining the length of operation of a temporary use, the use will be deemed continuous from the first day that the permit was issued. The use will be deemed discontinued upon cessation of the temporary use, restoration of the premises as set forth herein, and surrender of the permit to the Community Development Department, which ever occurs last. The applicant may apply and be granted approval up to six months in advance of the actual issuance of the permit. (2/01) E. Revocation. The temporary business permit may be revoked in the event that the operating business does not conform to the requirements specified in subsection A., or if any of the information in the written statements referred to in subsection is false. (5/98) F. Denial. Denial of a temporary use permit may be appealed to the Hearings Officer. (5/98)

65 Development Review Section establishes the procedures for compliance with the Development Standards. Development Review is an administrative action, which may be appealed to the Planning Commission. Development Review is a Type I-C administrative action. See review procedures in Section (2/01)

66 GENERAL PROCEDURES TYPES I, II, AND III ACTIONS Procedure for Type I-A Review (Type 1-A: Temporary Use Permit, Signs excluding variances or conditional uses) (3/10) Applications subject to a Type I-A administrative review shall be reviewed and decided by the Zoning Administrator. (5/98) A. Initial Review. Upon receipt of an application for a Type I-A land use action, the City staff shall review the application for completeness. (5/98) 1. Incomplete applications shall not be reviewed until the applicant has submitted all required information. (5/98) 2. If incomplete, the applicant shall be notified and provided additional time of up to 30 days to submit supplemental information as necessary. (5/98) B. Complete Application. The application shall be deemed complete for the purposes of processing the application and all related timing provisions either: (5/98) 1. Upon receipt of the additional information; or, if the applicant refuses to submit the information; (5/98) 2. On the 31st day after the original submittal the application shall be deemed complete for review purposes. (5/98) C. Staff Review. Within thirty (30) days of receipt of a complete application or such longer period mutually agreed to by both staff and the applicant, staff shall review the application and shall make a decision based on an evaluation of the proposal and on applicable criteria as set forth in this Ordinance; (5/98) D. Conditions. Approvals of a Type I-A action may be granted subject to conditions. The following limitations shall be applicable to conditional approvals: (2/01) 1. Conditions shall be designed to protect public health, safety and general welfare from potential adverse impacts caused by a proposed land use described in an application. Conditions shall be related to the following: (2/01) a. Ensure that the standards of the development code are met; or, (2/01) b. Fulfillment of the need for public service demands created by the proposed use. (2/01)

67 67 2. Changes of alterations of conditions shall be processed as a new administrative action. (2/01) E. Notice. Notice shall be provided to the applicant consistent with Section (5/98) F. Appeals. A Type I-A land use decision may be appealed by the applicant to the Hearings Officer, except that Site plan reviews shall be appealed to the Planning Commission. The appeal shall be filed within 10 days from the date of mailing of the decision, pursuant to the provisions of Section (10/18 G. Final. The final land use decision, including all appeals, shall be completed within 120 days as per the requirements in Section (2/01) Procedure for Type I-B and I-D Review (Type I-B: Minor Variance, Property Line Adjustment, Conditional Use, Partition, Greenway Development Permit, Floodplain Development Permit, including Floodplain Development Permit Variances) (Type I-D Major Variance) (6/16) Applications subject to administrative review shall be reviewed and decided by the Zoning Administrator. (5/98) A. Initial Review. Upon receipt of an application for a Type I-B or I-D land use action, the City staff shall review the application for completeness. (7/03) 1. Incomplete applications shall not be reviewed until the applicant has submitted all required information. (5/98) 2. If incomplete, the applicant shall be notified and provided additional time of up to 30 days to submit supplemental information as necessary. (5/98) B. Complete Application. The application shall be deemed complete for the purposes of scheduling the hearing and all related timing provisions either: (5/98) 1. Upon receipt of the additional information; or, if the applicant refuses to submit the information; (5/98) 2. On the 31st day after the original submittal the application shall be deemed complete for review purposes. (5/98) C. Agency Referrals. Referrals may be sent to interested agencies such as City departments, police and fire departments, school district, utility companies, regional and local transit service providers and applicable city, county, and state agencies at the Director's option. Notice of projects affecting state transportation facilities will be sent to ODOT. Referrals will be sent to affected neighborhood associations. (6/14)

68 68 D. Staff Review. Within thirty (30) days of receipt of a complete application or such longer period mutually agreed to by both staff and the applicant, staff shall review the application and shall make a decision based on an evaluation of the proposal and on applicable criteria as set forth in this Ordinance; The Administrator shall have the option of referring a type I-B application to the Hearings Officer or City Council for the initial decision. The Administrator shall have the option of referring a type I-D application to the Planning Commission or City Council for the initial decision. (7/03) E. Conditions. Approvals of a Type I-B and I-D action may be granted subject to conditions. The following limitations shall be applicable to conditional approvals: (7/03) 1. Conditions shall be designed to protect public health, safety and general welfare from potential adverse impacts caused by a proposed land use described in an application. Conditions shall be related to the following: (2/01) a. Ensure that the standards of the development code are met; or, (2/01) b. Fulfillment of the need for public service demands created by the proposed use. (5/98) 2. Changes of alterations of conditions shall be processed as a new administrative action. (5/98) 3. Performance bonding to comply with applicable conditions of approval shall comply with the provisions in Section B. (2/01) F. Notice. Notice of the decision shall comply with the provisions in Section (5/98) G. Appeals. A Type I-B land use decision may be appealed to the Hearings Officer, by either the applicant or persons receiving notice of the decision. A Type I-D land use decision may be appealed to the Planning Commission, by either the applicant or persons receiving notice of the decision. (7/03) The appeal shall be filed within 10 days from the date of the mailing of the decision, pursuant to the provisions of Section (5/98) H. Time Limit. The final land use decision, including all appeals, shall be completed within 120 days as per the requirements in Section (5/98) I. Expedited Land Division. If qualified under ORS 197, an expedited land division provides an alternative to the standard review procedures for land division as set forth by the city. The application shall be processed as provided by state statute in lieu of the city s procedures. (6/16)

69 Procedure for Type I-C Review A. Initial Review. Upon receipt of an application for a Type I-C land use action, the City staff shall review the application for completeness. (2/01) 1. Incomplete applications shall not be scheduled for Type I-C review until all required information has been submitted by the applicant. (2/01) 2. If incomplete, the applicant shall be notified and provided additional time of up to 30 days to submit supplemental information as necessary. (2/01) B. Complete Application. The application shall be deemed complete for the purposes of scheduling the hearing and all related timing provisions either: processing the application and all related timing provisions either: (2/01) 1. Upon receipt of the additional information; or, if the applicant refuses to submit the information; (2/01) 2. On the 31st day after the original submittal the application shall be deemed complete for review purposes. (2/01) C. Staff Review. Within thirty (30) days of receipt of a complete application or such longer period mutually agreed to by both staff and the applicant, staff shall review the application and shall make a decision based on an evaluation of the proposal and on applicable criteria as set forth in this Ordinance; (2/01) D. Conditions. Approvals of a Type I-C action may be granted subject to conditions. The following limitations shall be applicable to conditional approvals: (2/01) 1. Conditions shall be designed to protect public health, safety and general welfare from potential adverse impacts caused by a proposed land use described in an application. Conditions shall be related to the following: (2/01) a. Ensure that the standards of the development code are met; or, (2/01) b. Fulfillment of the need for public service demands created by the proposed use. (2/01) 2. Changes of alterations of conditions shall be processed as a new administrative action. (2/01) E. Notice. Notice shall be provided to the applicant consistent with Section (2/01) F. Appeals. A Type I-C land use decision may be appealed by the applicant to the Planning Commission. The appeal shall be filed within 10 days from the date of mailing of the decision, pursuant to the provisions of Section (2/01)

70 70 G. Final. The final land use decision, including all appeals, shall be completed within 120 days as per the requirements in Section (2/01) Procedures for Type II and Type III Actions (Type II Subdivision, Planned Unit Development and Manufactured Home Parks)(4/10) (Type II-C Conditional Use for Nursing and Residential Care Facilities - Planning Commission decision) (9/18) (Type II-B Transit Station City Council decision) (6/11) (Type II-B Designation or Removal of a Historic Resource City Council ) (9/18) (Type II-B Development Standards Alternative Planning Commission decision) (Type II-B Development Standards Alternative within Keizer Station City Council ) (Type II-C Conditional Use for Nursing and Residential Care Facilities - Planning Commission decision) (9/18) (Type II-C Cottage Cluster Development with or without creating new lots in the RS zone Planning Commission decision) (6/14) (Type II-C Cottage Cluster Development creating new lots in the RM; RL; RH; and MU zones Planning Commission decision) (6/14) (Type II-C Permit for demolition, modification, or moving of a Historic Resource Planning Commission ) (9/18) (Type III Annexation, Zone Changes involving 5 or fewer adjacent land ownership and Comprehensive plan Map Amendments involving 5 or fewer adjacent land ownerships, Keizer Station Master Plan which may include Subdivision and Partitioning, and Keizer Station Master Plan Amendments) (10/18) A. Initial Review. Upon receipt of an application for Type II or Type III land use action, the City staff shall review the application for completeness. (5/98) 1. Incomplete applications shall not be scheduled for Type II or Type III review until all required information has been submitted by the applicant. (5/98) 2. If incomplete, the applicant shall be notified and provided additional time of up to 30 days to submit supplemental information as necessary. (5/98) B. Complete Application. The application shall be deemed complete for the purposes of scheduling the hearing and all related timing provisions either: (5/98) 1. Upon receipt of the additional information; or, if the applicant refuses to submit the information; 2. On the 31st day after the original submittal the application shall be deemed complete for scheduling purposes only. (5/98) C. Agency Referrals. Referrals will be sent to interested agencies such as City departments, police and fire districts, school district, utility companies, regional and local transit service providers and applicable city, county, and state agencies. Affected jurisdictions and agencies could include the Department of

71 71 Environmental Quality, The Oregon Department of Transportation, Salem-Keizer Transit District, and the City of Salem. Notice of projects affecting state transportation facilities will be sent to ODOT. Referrals will be sent to affected neighborhood associations. (6/14) D. Public Hearing. The Public Hearing shall be scheduled and notice shall be mailed to the applicant and adjacent property owners. Notice requirements shall comply with Section (5/98) E. Staff Review. Staff shall prepare and have available within 7 days of the scheduled hearing a written recommendation concerning the proposed action. This report shall be mailed to the applicant and available at City Hall for all interested parties. The Zoning Administrator may refer the initial decision to the City Council. (5/98) F. Notice of Application. Notice of a subdivision application shall be mailed to owners of property within 250 feet of the site and neighborhood association representatives. The notice to owners and neighborhood association members will invite the submittal of written comments on the proposal to the City within 10 days. (01/02) G. Hearings Procedures. The public hearing shall comply with the provisions in Section or Section (06/11) H. Conditions. Approvals of any Type II or Type III action may be granted subject to conditions. The following limitations shall be applicable to conditional approvals: (5/98) 1. Conditions shall be designed to protect public health, safety and general welfare from potential adverse impacts caused by a proposed land use described in an application. Conditions shall be related to the following: (5/98) a. Protection of the public from the potentially deleterious effects of the proposed use; or, (5/98) b. Fulfillment of the need for public service demands created by the proposed use. (5/98) 2. Changes of alterations of conditions shall be processed as a new administrative action. (5/98) 3. Performance bonding for applicable conditions shall comply with the provisions in Section B. (2/01) I. Notice. The applicant shall be notified, in writing, of the decision or recommendation. In addition, notice of the decision shall be mailed to individuals who request such notice at the public hearing, or, by those individuals who submitted a written request for notice prior to the public hearing. (6/11)

72 72 J. Appeals. With the exception of a conditional use for a Transit Station, Designation or Removal of a Historic Resource, and Keizer Station Development Alternative, which areis a final decisions by the City Council, a Type II land use decision may be appealed to the City Council by either the applicant, persons receiving notice of the decision or the Administrator. The appeal shall be filed within 10 days from the date of the mailing of the decision, pursuant to the provisions of Section Type III land use applications are automatically reviewed by the City Council. (6/11) K. Time Limit. The final land use decision, including all appeals, shall be completed within 120 days as per the requirements in Section (2/01) L. Expedited Land Division. If qualified under ORS 197, an expedited land division provides an alternative to the standard review procedures for land division as set forth by the city. The application shall be processed as provided by state statute in lieu of the city s procedures. (6/16) Special Procedural Requirements A. 120 Day Time Limit If for any reason it appears that such final action may not be completed within the 120 day period, unless the applicant voluntarily extends the time period, the following procedures shall be followed regardless of other processes set forth elsewhere in this Ordinance. (5/98) 1. The City staff shall notify the City Council of the timing conflict by the 95th day. The City Council shall, in accordance with its own procedures, set a time for an emergency meeting within the 120 day period. (5/98) 2. Public notice shall be mailed to affected parties as specified in Section (5/98) 3. The City Council shall hold in a public hearing on the specified date, in accordance with the provisions of Section and render a decision approving or denying the request within the 120 day period. Such action shall be the final action by the City on the application. (5/98) B. Performance and Maintenance Bonding (2/01) Conditions of approval required by the City shall be completed prior to the issuance of any building permit within a residential subdivision or partitioning, or an occupancy permit for any other use. When an applicant provides information which demonstrates that it is not practical to fulfill all conditions prior to issuance of such permit, the City may require a performance bond or other guarantee to

73 73 ensure compliance with zoning regulations or fulfillment of required conditions. (2/01) 1. Types of Guarantees - Performance guarantees may be in the form of performance bond payable to the City of Keizer, cash, certified check, time certificate of deposit, or other form acceptable to the City. The City Attorney must approve the form and appropriate documents filed with the City Recorder. Agreements may be recorded to restrict building permits. (2/01) 2. Amount of Guarantee - The amount of the guarantee must be equal to at least one-hundred-ten percent (110%) of the estimated cost of the performance. The applicant must provide a written estimate acceptable to the City, which must include an itemized estimate of all materials, labor, equipment and other costs of the required performance. (5/98) 3. Completion of Performance - All improvements shall be completed within one year of filing the performance guarantee. The Administrator may extend this time limit for up to one additional year. (2/01) 4. Maintenance Bonds for public improvements of 40% of the total cost of improvements is required for one year warranty. (2/01)

74 74 CITY COUNCIL MEETING: December 17, 2018 AGENDA ITEM NUMBER: TO: THROUGH: FROM: SUBJECT: MAYOR CLARK AND COUNCIL MEMBERS CHRISTOPHER C. EPPLEY, CITY MANAGER E. SHANNON JOHNSON, CITY ATTORNEY RESOLUTION INITIATING VACATION PROCESS FOR PORTION OF CHEMAWA ROAD NE Robert Jones lives on the northeast corner of Chemawa Road and Verda Lane. When the roundabout was installed at the intersection of Chemawa Road and Verda Lane, Chemawa Road was realigned and resulted in the roadway being further away from Mr. Jones property than it was before the realignment. At the time, City staff informed Mr. Jones that a portion of the right-of-way may be vacated later. The Public Works Department recommends vacating the portion of Chemawa Road Northeast adjacent to Mr. Jones property so that Mr. Jones would end up owning the adjoining old right-of-way to use as a side yard. The new right-of-way boundary would be approximately two feet inside the interior edge of the sidewalk. The attached Resolution initiates the Chemawa Road Northeast vacation process. This Resolution only initiates the process and the Council will hold a public hearing after which Council can decide whether or not to approve the vacation. RECOMMENDATION: Adopt the attached Resolution. Please let me know if you have any questions in this regard. Thank you. ESJ/tmh

75 CITY COUNCIL, CITY OF KEIZER, STATE OF OREGON Resolution R2018- INITIATING VACATION PROCESS FOR A PORTION OF CHEMAWA ROAD NE, KEIZER, OREGON WHEREAS, there exists a need to vacate a portion of Chemawa Road NE, Keizer, Oregon, specifically the property described in Exhibit A and shown in Exhibit B attached hereto; WHEREAS, the City Council wishes to consider whether it is appropriate to vacate such road; WHEREAS, the City Council is authorized by ORS to initiate vacation proceedings on the Council s own motion; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Keizer hereby initiates the vacation process as provided in ORS for a portion of Chemawa Road NE, Keizer, Oregon, specifically the property described in Exhibit A and shown in Exhibit B attached hereto; BE IT FURTHER RESOLVED that this matter shall be set for public hearing as set forth in state statutes to be held on February 4, /// /// /// ///

76 BE IT FURTHER RESOLVED that the City Recorder is directed to provide notice of such hearing in the manner set forth in ORS BE IT FURTHER RESOLVED that this Resolution shall take effect immediately upon the date of its passage. PASSED this day of, SIGNED this day of, Mayor City Recorder

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79 79 CITY COUNCIL MEETING: December 17, 2018 AGENDA ITEM NUMBER: TO: THROUGH: FROM: SUBJECT: MAYOR CLARK AND COUNCIL MEMBERS CHRISTOPHER C. EPPLEY, CITY MANAGER E. SHANNON JOHNSON, CITY ATTORNEY IGA FOR COORDINATED TRAINING AND EDUCATION AT THE MID-VALLEY RESERVE TRAINING ACADEMY At its April 2, 2018 City Council meeting, the Keizer City Council adopted Resolution R authorizing the Chief of Police to enter into the Intergovernmental Agreement (IGA) for coordinated training and education at the Mid-Valley Reserve Training Academy. Following that meeting, staff obtained the signature of the Chief of Police and forwarded the signed agreement to Marion County for signature. Shortly after Marion County received the IGA for signature, the Marion County representative indicated that changes had been made by the Marion County legal team. However, due to staffing turn-over at Marion County, there were delays in getting the IGA finalized. The revised Intergovernmental Agreement (IGA) attached to the enclosed Resolution is now ready for approval. RECOMMENDATION: Adopt the attached Resolution authorizing the Chief of Police to enter into the Intergovernmental Agreement for coordinated training and education at the Mid-Valley Reserve Training Academy and repealing Resolution R Please contact me if you have any questions in this regard. Thank you. ESJ/tmh

80 CITY COUNCIL, CITY OF KEIZER, STATE OF OREGON Resolution R2018- AUTHORIZING CHIEF OF POLICE TO ENTER INTO INTERGOVERNMENTAL AGREEMENT FOR COORDINATED TRAINING AND EDUCATION AT THE MID-VALLEY RESERVE TRAINING ACADEMY; REPEALING RESOLUTION R WHEREAS, ORS Chapter 190 provides for intergovernmental agreements; WHEREAS, the City wishes to enter into that certain Intergovernmental Agreement for coordinated training and education at the Mid-Valley Reserve Training Academy in which the parties provide a coordinated and shared reserve officer training program so that well-educated and properly trained reserve officer forces operate in the community; WHEREAS, the City Council of the City of Keizer has considered this matter and wishes to move forward with such agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Keizer that the Chief of Police is authorized to enter into the Intergovernmental Agreement attached as Exhibit A and by this reference incorporated herein. BE IT FURTHER RESOLVED by the City Council of the City of Keizer that Resolution R is hereby repealed in its entirety

81 BE IT FURTHER RESOLVED that this Resolution shall take effect immediately upon the date of its passage. PASSED this day of, SIGNED this day of, Mayor City Recorder

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90 90 CALL TO ORDER FLAG SALUTE MINUTES KEIZER CITY COUNCIL Monday, November 19, 2018 Keizer Civic Center, Council Chambers Keizer, Oregon Mayor Clark called the meeting to order at 7:00 pm. Roll call was taken as follows: Present: Staff: Cathy Clark, Mayor Chris Eppley, City Manager Marlene Parsons, Councilor Shannon Johnson, City Attorney Kim Freeman, Councilor Shane Witham, Community Laura Reid, Councilor Development Roland Herrera, Councilor Bill Lawyer, Public Works Director Bruce Anderson, Councilor John Teague, Police Chief Amy Ryan, Councilor Tim Wood, Finance Director Anne Farris, Youth Councilor Tracy Davis, City Recorder Mayor Clark led the pledge of allegiance. SPECIAL ORDERS OF BUSINESS - None COMMITTEE REPORTS Crystal Wilson, Keizer, reported that the Planning Commission had elected Garry Whalen and herself to serve as Chair and Vice Chair respectively and that they had approved the proposed text amendments on accessory dwelling units and cancelled the December meeting. Clint Holland, Keizer, Keizer, circulated photographs of the restroom facilities at Keizer Rapids Park and reported on the recent Parks Board meeting noting that concerns brought to the Board from West Keizer Neighborhood Association were addressed by Robert Johnson. He praised Mr. Johnson for his timely park improvement efforts, reported that the Board is considering placement of an eclipse commemorative plaque at Keizer Rapids Park, is working with Keizer resident Jeff Davis to pursue the installation of exercise equipment along pathways of area parks, and had again discussed reinstatement of a caretaker at Keizer Rapids Park. City Manager Chris Eppley indicated that Council had expressed no interest in pursuing this. Evening patrols and trash collection on weekends will be handled with adjustment of staff hours; current residents report after hours issues as well. Mr. Holland added that attendance was up by 30% at the Keizer Rotary Amphitheater concerts, concessions and parking operations ran smoothly.

91 91 PUBLIC TESTIMONY PUBLIC HEARING a. Solid Waste and Recycling Services and Rates b. Keizer Development Code Text Amendments Development Standards c. RESOLUTION Authorization for Supplemental Budget General Administration - Contingency None Mayor Clark opened the Public Hearing. City Manager Chris Eppley summarized his staff report. Kevin Gienger and John Sullivan, representing waste haulers, explained that due to the recycling changes in China, haulers have had to absorb significant losses. They urged Council to adopt either option 2 or 3 of the Rate Proposal included in the packet and provided an explanation of all three options. Mr. Gienger and Mr. Sullivan fielded questions regarding commercial charges, rate changes, special services, future costs, public outreach opportunities, residential increases vs. commercial increases, contamination fees, and recycling education opportunities. Mayor Clark read into the record a letter from Roger Stolley, Keizer. Mr. Sullivan indicated that he would get information from Corvallis regarding the impact of the plastic bag ban there. Council then agreed by consensus to continue the public hearing to the December 3 meeting in order to provide an opportunity for public input. Mayor Clark continued the Public Hearing to the December 3 meeting. Mayor Clark opened the Public Hearing. Senior Planner Shane Witham summarized his staff report. Discussion followed regarding multi-family development and affordable housing. Hearing no public testimony, Mayor Clark closed the Public Hearing. Councilor Parsons moved that the Keizer City Council direct staff to prepare an ordinance with findings to adopt the proposed revisions of Section Development Standards. Councilor Freeman seconded. Motion passed unanimously as follows: AYES: Clark, Reid, Freeman, Parsons, Herrera, Ryan and Anderson (7) NAYS: None (0) ABSTENTIONS: None (0) ABSENT: None (0) Mayor Clark opened the Public Hearing. Finance Director Tim Wood summarized his staff report. Hearing no public testimony, Mayor Clark closed the Public Hearing. Councilor Parsons moved that the Keizer City Council adopt a Resolution Authorization for Supplemental Budget General Administration Contingency. Councilor Freeman seconded. Motion passed unanimously as follows: AYES: Clark, Reid, Freeman, Parsons, Herrera, Ryan and Anderson (7) NAYS: None (0) ABSTENTIONS: None (0) ABSENT: None (0)

92 92 RESOLUTION Authorization for Supplemental Budget General Fund Police Vehicle ADMINISTRATIVE ACTION a. RESOLUTION Approval of Field Usage Rates for the 2019 Season at Keizer Little League City Park b. RESOLUTION - Concurring With Salem-Keizer Area Transportation Study (SKATS) Policy Committee Requesting the City of Salem to Undertake the Required Actions for the Salem River Crossing c. RESOLUTION Establishing Buildable Land Supply/Housing Needs Analysis Project Councilor Parsons moved that the Keizer City Council adopt a Resolution Authorization for Supplemental Budget General Fund Police Vehicle. Councilor Freeman seconded. Motion passed unanimously as follows: AYES: Clark, Reid, Freeman, Parsons, Herrera, Ryan and Anderson (7) NAYS: None (0) ABSTENTIONS: None (0) ABSENT: None (0) City Attorney Shannon Johnson summarized his staff report. Councilor Parsons moved that the Keizer City Council adopt a Resolution Approval of Field Usage Rates for the 2019 Season at Keizer Little League City Park. Councilor Freeman seconded. Mayor Clark clarified that this resolution is for the present time and that changes recommended by the Keizer Little League Park Long Range Planning Task Force would come to Council in the spring. Motion passed unanimously as follows: AYES: Clark, Reid, Freeman, Parsons, Herrera, Ryan and Anderson (7) NAYS: None (0) ABSTENTIONS: None (0) ABSENT: None (0) Mr. Johnson summarized his staff report. Mayor Clark noted that funds for the environmental impact statement are from a federal grant so it must be completed or there could be financial consequences that would include repayment. She urged everyone to attend the upcoming Salem City Council meeting where the issue would be discussed. Councilor Parsons moved that the Keizer City Council adopt a Resolution Concurring With Salem-Keizer Area Transportation Study (SKATS) Policy Committee Requesting the City of Salem to Undertake the Required Actions for the Salem River Crossing. Councilor Freeman seconded. Motion passed unanimously as follows: AYES: Clark, Reid, Freeman, Parsons, Herrera, Ryan and Anderson (7) NAYS: None (0) ABSTENTIONS: None (0) ABSENT: None (0) Senior Planner Shane Witham summarized the staff report from Community Development Director Nate Brown. Councilor Parsons moved that the Keizer City Council adopt a resolution Establishing Buildable Land Supply/Housing Needs Analysis Project Advisory Committee. Councilor Freeman seconded. Motion passed unanimously as follows:

93 93 Advisory Committee CONSENT CALENDAR AYES: Clark, Reid, Freeman, Parsons, Herrera, Ryan and Anderson (7) NAYS: None (0) ABSTENTIONS: None (0) ABSENT: None (0) Councilor Parsons moved to appoint James Hutches, Danielle Bethell, Ron Bersin, Blaze Itzaina, Carol Doerfler, Felicia Squires, Nick Stephenson, Stefani Iverson, Rick Kuehn, David Dempster and Mike Kerr and Laura Reid as Council Liaison to the committee. Councilor Freeman seconded. Motion passed unanimously as follows: AYES: Clark, Reid, Freeman, Parsons, Herrera, Ryan and Anderson (7) NAYS: None (0) ABSTENTIONS: None (0) ABSENT: None (0) a. RESOLUTION Authorizing the City Manager to Award and Enter Into an Agreement With Gelco Construction Company for Water Main Replacement Project 2018/2019 b. RESOLUTION Approving the City Engineer s Report; Declaring the City s Intent to Form Snook Grove Street Lighting Local Improvement District; Providing Notice and Setting Hearing c. RESOLUTION Authorizing Disposition of Unclaimed Found Personal Property d. RESOLUTION Extending City Manager s Employment Contract ( ) e. RESOLUTION Extending City Attorney s Employment Contract ( ) f. Approval of October 29, 2018 Work Session Minutes g. Approval of November 5, 2018 Regular Session Minutes Councilor Ryan pulled item c. Councilor Parsons moved for approval of items a, b, d, e, f and g of the Consent Calendar. Councilor Freeman seconded. Motion passed as follows: AYES: Clark, Reid, Freeman, Parsons, Herrera Ryan and Anderson (7) NAYS: None (0) ABSTENTIONS: None (0) ABSENT: None (0) Councilor Ryan questioned if some items might be donated to the McNary Closet. Councilor Reid noted that other schools are building closets as well. Council agreed by consensus to allow this. Councilor Parsons moved for approval of Item c of the Consent Calendar. Councilor Freeman seconded. Motion passed unanimously as follows:

94 94 COUNCIL LIAISON REPORTS AYES: Clark, Reid, Freeman, Parsons, Herrera, Ryan and Anderson (7) NAYS: None (0) ABSTENTIONS: None (0) ABSENT: None (0) Councilor Ryan announced that she was looking forward to upcoming meetings. Councilor Freeman thanked volunteers who assisted with putting up the Christmas decorations on River and Cherry. She reported on the West Keizer Neighborhood Association and Volunteer Coordinating Committee meetings and the Marion County Commissioner breakfast. Councilor Reid reported on the Keizer Heritage Foundation, Keizer Homegrown Theater, the Community Band Concert and the McNary Bazaar. Councilor Parsons congratulated the new Council members, and announced that she had attended the memorial service for Mike Hart, one of Keizer s original Councilors. She reported on the Chamber move and Greater Gubser Neighborhood Association meeting, and announced the upcoming retirement event for Janet Carlson and the Keizer Little League Park Long Range Planning Task Force meeting. Councilor Herrera provided additional information about the Mike Hart memorial service, thanked veterans, reported on the Keizer United meeting and announced the upcoming Oregon Leadership Summit and the Sports Hall of Fame ceremony. Councilor Anderson congratulated the new Councilors and reported on the Salem Police Department ground breaking ceremony and the annual Civil War auction. Mayor Clark provided information about former Councilor Mike Hart and his wife Betty and reported that she had attended the Marion County Public Safety Commission and the McNary Holiday Bazaar. She announced the upcoming Council of Governments dinner and the Keizer Little League Park Long Range Planning Task Force, Career Technical Education Center Advisory Council, Salem-Keizer Area Transportation Study and the Homelessness Initiative Steering Committee meetings, the Janet Carlson retirement event, tree lighting, parade, Breakfast with Santa, Heritage Christmas and the Council night at the food barrel at the Miracle of Lights in Gubser neighborhood. Youth Councilor Anne Farris reported that Senior scholarship reporting has started, conferences are in progress, the holiday choir concert is December 17, students are on Thanksgiving break, and several teams have shown up for the Oregon Game Challenge.,

95 95 OTHER BUSINESS Chief Teague announced that one more new cop has gone solo. The Traffic Safety unit is now fully staffed and actively working to increase traffic safety. WRITTEN COMMUNICATIONS AGENDA INPUT ADJOURNMENT MAYOR: Public Works Director Bill Lawyer reported that the restrooms at Keizer Rapids Park should be complete before Christmas but a short section of paving will not. Directional signs for the new Chamber location will be moved when the Chamber tells him where they want them. Senior Planner Shane Witham wished everyone a happy Thanksgiving and announced that Community Development Director Nate Brown was in Utah for the holidays. Regarding In N Out Burger, it is close. Shannon Johnson added that unlike a lot of Keizer Station businesses, In N Out Burger is purchasing the property rather than leasing it and it is the City s understanding that they have entered into a Sale Agreement with Donahue Schreiber and are in the due diligence phase. There is an issue with a warehouse within 200 miles and he is not sure if this will cause a delay. Mr. Eppley added that because Keizer does not have a business permit or license requirement, the City is often the last to know. Councilor Ryan added that they have purchased a warehouse and, once they start building, it will be 5 months to opening. None December 3, 2018, 7:00 pm - City Council Regular Session December 10, 2018, 6:00 pm Work Session December 17, 2018, 7:00 pm - City Council Regular Session Mayor Clark adjourned the meeting at 9:07 p.m. APPROVED: Cathy Clark Debbie Lockhart, Deputy City Recorder COUNCIL MEMBERS Councilor #1 Laura Reid Councilor #4 Roland Herrera Councilor #2 Kim Freeman Councilor #5 Amy Ryan Councilor #3 Marlene Parsons Minutes approved: Councilor #6 Bruce Anderson

96 96 CALL TO ORDER FLAG SALUTE SPECIAL ORDERS OF BUSINESS a. Brooks Intermodal Proposal Presentation by Kevin Mannix COMMITTEE REPORTS a. Volunteer Coordinating Committee MINUTES KEIZER CITY COUNCIL Monday, December 3, 2018 Keizer Civic Center, Council Chambers Keizer, Oregon Mayor Clark called the meeting to order at 7:00 pm. Roll call was taken as follows: Present: Staff: Cathy Clark, Mayor Chris Eppley, City Manager Kim Freeman, Councilor Shannon Johnson, City Attorney Laura Reid, Councilor Nate Brown, Community Development Roland Herrera, Councilor Bill Lawyer, Public Works Director Bruce Anderson, Councilor John Teague, Police Chief Amy Ryan, Councilor Tim Wood, Finance Director Anne Farris, Youth Councilor Tracy Davis, City Recorder Absent: Marlene Parsons, Councilor Cub Scout Wolf and Bear Pack 12 introduced themselves and led the pledge of allegiance. Kevin Mannix, Executive Director of the Oregon Port of Willamette, explained that the organization was created to promote the establishment of an intermodal facility in Brooks, Oregon that would transfer products for shipment by train, giving farmers in the area an opportunity to ship their products to the interior of the United States and allowing importers to transport their products via methods other than trucks, thus relieving congestion on the highways. He noted that a summary of his presentation was included in the packet and that more information is available at the Oregon Port of Willamette website. He also presented detailed information through a Power Point presentation. Mr. Mannix then fielded questions regarding competing with other cities, the grant timeline, the construction schedule, topography, the railroad track ownership, different phases of the proposed plan, and the economic and traffic impact of the project. City Manager Chris Eppley reported that following publication of notice of a vacancy on various committees and acceptance of testimony from the applicants, the Volunteer Coordinating Committee unanimously recommended Ben Hittle to Position #7 on the Parks Advisory Board, Jeffrey Watson to Position #7 on the Planning Commission, Felicia

97 97 Recommendations for Appointment for Planning Commission, Parks Advisory Board, Keizer Public Arts Commission, Traffic Safety/ Bikeways/ Pedestrian Committee, and Youth Liaison for Keizer Planning Commission PUBLIC TESTIMONY PUBLIC HEARING a. Solid Waste and Recycling Services and Rates Squires to Position #7 on the Public Arts Commission, David Dempster to Position #6 on the Traffic Safety/Bikeways/Pedestrian Committee, and Christopher Wolfert to serve as the Youth Committee Liaison to the Planning Commission. Councilor Freeman moved that the Keizer City Council accept the Volunteer Coordinating Committee recommended appointments. Councilor Herrera seconded. Motion passed as follows: AYES: Clark, Reid, Freeman, Herrera, Ryan and Anderson (6) NAYS: None (0) ABSTENTIONS: None (0) ABSENT: Parsons (1) Sherrie Gottfried, Keizer, explained that she works at the Grass Hut on Cherry Avenue and requested that the Iris Festival refrain from closing Cherry Avenue during the Iris Festival because the closure is detrimental to the business, re-routing cyclists using the Willamette Scenic Bikeway to River Road is unsafe, the road closure sign causes a hazard to traffic and pedestrians, and in previous years there has been no ADA parking. Mayor Clark re-opened the Public Hearing from November 17, Mr. Eppley summarized his staff report. John Sullivan and Reed Carlson, representing the waste haulers, provided additional information through a slide presentation and fielded questions regarding recyclables, outreach, truck investments, the search for domestic recycle markets, financial impact on customers, the impact on service without a fee increase, and the annual cost of service review. Jim Parr, Keizer, suggested that before increasing rates, recycling be simplified to include only clean cardboard, or instead of recycling products, customers concentrate only on energy recovery, or waste pickup be menu driven (customers choose which bins to include/pay for). Royce Young, Keizer, voiced support for the waste haulers request for a rate increase. He explained why costs have continued to climb and that cities are required to recycle by a federal mandate, and noted that limiting materials in the carts would increase costs to the haulers. Jessica Davidson, Keizer, noted that residents regularly burn recyclables and waste in their fireplaces in her neighborhood in the winter months and voiced concern that a rate increase will cause this to increase. Community Development Director Nate Brown explained that the prohibition on burning is a Fire District prohibition but it is difficult to see who is burning what and difficult to enforce. Mayor Clark then read into the record a letter from Pat Fisher, Keizer, regarding what she perceived to be the unfair rate structure because people who generate less trash pay a higher rate per gallon than those

98 98 who use the larger cans. Ms. Fisher noted that none of the options address this concern, and suggested that the increase apply equally to business and residential customers and that it should be temporary. Mr. Sullivan responded to Ms. Fisher s concerns noting that with the 20- gallon service there is still the ability to have a 95-gallon blue cart dumped every other week and the 95-gallon organic waste dumped every week; customers should be cognizant of how many gallons are being dumped each month. Additional discussion took place regarding recycling numbers/credits, the renewable energy at the Covanta plant, frequency of rate increase requests from waste haulers, making the increase temporary with a review process or requiring an annual report from the haulers which might include strategies to reduce costs, and a report card on customer use of recycle receptacles. With no further testimony, Mayor Clark closed the public hearing. Councilor Freeman moved that Keizer City Council direct staff to prepare an Order for Option 3 with the requirement that the haulers come back in February 2020, with information on customer recycling performance and outreach efforts. Councilor Herrera seconded. City Attorney Shannon Johnson suggested that since the report would be for the calendar year 2019, it might be better to give the haulers until March to get their figures together. Mayor Clark offered a friendly amendment to change February to March. Councilors Freeman and Herrera accepted the amendment. Discussion took place regarding whether or not to sunset the rates and the consequences of not doing so. Motion passed as follows: AYES: Clark, Reid, Freeman, Herrera, Ryan and Anderson (6) NAYS: None (0) ABSTENTIONS: None (0) ABSENT: Parsons (1) Mayor Clark noted that the Marion County Solid Waste Advisory Council has three openings. She urged anyone interested to get involved. b. House Bill 4006 Severely Rent Burdened Status of the City of Keizer Mayor Clark opened the Public Hearing. Community Development Director Nate Brown summarized his staff report and fielded questions regarding funding, housing assistance, the Community Development Block Grant process, Salem Housing Authority, development of low income housing, partnering with other organizations, and Keizer regulations and revitalization. With no further testimony, Mayor Clark closed the Public Hearing.

99 99 Councilor Freeman moved that the Keizer City Council direct staff to submit the required information to the State as required in House Bill Councilor Herrera seconded. Motion passed as follows: AYES: Clark, Reid, Freeman, Herrera, Ryan and Anderson (6) NAYS: None (0) ABSTENTIONS: None (0) ABSENT: Parsons (1) c. Pho Keizer Liquor License New Application d. Keizer Mart Liquor License Change of Ownership Mayor Clark opened the Public Hearing. Mr. Eppley reported that an application was submitted for a new full onpremises Liquor License for Pho Keizer, Keizer, Oregon. A public hearing was scheduled, notice published, necessary notification given, a background check was done, and Keizer Planning Department found the location of the establishment to be properly zoned and had no comment on the application. Staff recommends that following a public hearing, Council recommend approval of the application. Jonathan Nguyen, owner of Pho Keizer, stated that this was a familyowned business and invited everyone to come try out the food. With no further testimony Mayor Clark closed the Public Hearing. Councilor Freeman moved that the Keizer City Council recommend approval of the application for a liquor license for Pho Keizer under the guidelines as established by ORS and the Ordinances of the City of Keizer and to forward this recommendation to the Oregon Liquor Control Commission for final approval. Councilor Herrera seconded. Motion passed as follows: AYES: Clark, Reid, Freeman, Herrera, Ryan and Anderson (6) NAYS: None (0) ABSTENTIONS: None (0) ABSENT: Parsons (1) Mayor Clark opened the Public Hearing. Mr. Eppley reported that an application was submitted for a Change of Ownership from Keizer Mart, Keizer, Oregon. A background check was done and calls for service are within the city recommended standards. Staff recommends that Council review the application and forward a recommendation to the OLCC for approval. With no further testimony Mayor Clark closed the Public Hearing. Councilor Freeman moved that the Keizer City Council approve the application for an Off-Premises Sales Liquor License for Keizer Mart under the guidelines established by ORS and the Ordinances of the City of Keizer. This recommendation shall then be forwarded to the Oregon Liquor Control Commission for final approval. Councilor Herrera seconded. Motion passed as follows:

100 100 ADMINISTRATIVE ACTION a. RESOLUTION Adopting Use Policies and Rates for the Keizer Community Center Rooms; Repealing R CONSENT CALENDAR COUNCIL LIAISON REPORTS AYES: Clark, Reid, Freeman, Herrera, Ryan and Anderson (6) NAYS: None (0) ABSTENTIONS: None (0) ABSENT: Parsons (1) Mr. Johnson summarized his staff report outlining suggested changes and provided clarification. Councilor Freeman moved that the Keizer City Council adopt a Resolution Adopting Use Policies and Rates for the Keizer Community Center Rooms; Repealing R , deleting lines 16 through 18 in section 4 covering waiving or reducing insurance requirement. Councilor Herrera seconded. Motion passed as follows: AYES: Clark, Reid, Freeman, Herrera, Ryan and Anderson (6) NAYS: None (0) ABSTENTIONS: None (0) ABSENT: Parsons (1) a. RESOLUTION Declaring the City s Intent to Initiate a Street Lighting Local Improvement District (Sterling Meadow) and Directing the City Engineer to Make a Survey and File a Written Report with the City Recorder b. RESOLUTION Accepting The Canvass of Election Votes from the November 6, 2018 General Election for the Keizer City Council Positions (Mayor, and Positions 4, 5, and 6) c. RESOLUTION Authorizing Public Works Director to Sign Petrocard, Inc. Purchasing Documents for Cardlock Fuel Cards RESOLUTION Authorizing Administrative Assistant to Sign Petrocard, Inc. Purchase Order for Cardlock Fuel Cards d. RESOLUTION Authorizing Finance Director to Purchase a Printer From Dependable Printer Support for the Police Records Department and Enter Into a Toner Plus Maintenance Agreement for the Printer e. RESOLUTION Authorizing the City Manager to Enter Into Contract for Mistletoe Loop Storm Drain Outfall Repair with Michels Corporation Councilor Freeman moved for approval of the Consent Calendar. Councilor Herrera seconded. Motion passed as follows: AYES: Clark, Reid, Freeman, Herrera, Ryan and Anderson (6) NAYS: None (0) ABSTENTIONS: None (0) ABSENT: Parsons (1) Councilor Anderson announced the tree lighting event, the holiday parade, the Miracle of Christmas food collection, the Chamber Board meeting and a McNary holiday concert.

101 101 Councilor Herrera reported on the Oregon Leadership Summit, and announced the Janet Carlson retirement event, Parks Board meeting, Commissioner Breakfast, the Nutcracker performance at the Elsinore and the cancellation of the Keizer Points of Interest Committee meeting. Councilor Freeman urged parade viewers to refrain from blocking the sidewalk with their chairs, and advised walkers to be safe and use lights or reflective vests. She suggested that people planning on attending December meetings check the City website first for cancellations and announced volunteer openings for various committees. Councilor Reid reported on the City Dance Theater recital and Give Back Friday and announced the Keizer Heritage Foundation Christmas celebration and the South East Keizer Neighborhood Association meeting. She thanked residents who display Christmas lights, directed everyone to the Holiday Calendar on the City website for holiday event information and urged everyone to get involved in whatever capacity they can. Councilor Ryan announced that she would be doing a review of court proceedings before the end of the year and would be meeting with Finance Director Tim Wood to get donations from the lost and found for the McNary closet. Youth Councilor Anne Farris provided information about the Career Technical Education Center showcase, and announced the McNary Christmas Concert and the Choir performance at the Capitol. She added that mentors are still needed and that winter break starts December 21. Mayor Clark thanked Whiteaker and Claggett middle school students for their help with the Keizer Network of Women giving baskets and Scout Troop 12 for their service project at Country Glen Park. She reported on the Keizer Little League Park Long Range Planning Task Force, C-TEC Advisory Council, and Salem-Keizer Area Transportation Study meetings, decorating the Keizer Heritage Center, and the Volcano Stadium Santa event, and announced the upcoming tree lighting, Santa Breakfast and Janet Carlson retirement events, the Keizer Heritage Foundation Board, Strategic Economic Development Corp Board and League of Oregon Cities Board meetings and the Chamber Rotary Holiday luncheon., OTHER BUSINESS City Recorder Tracy Davis reminded Council that each year Keizer neighborhood associations are required to submit an annual report in December but Southeast Keizer Neighborhood Association (SEKNA) has requested a delay until March to allow them to elect a new board. Council agreed by consensus to allow this. WRITTEN COMMUNICATIONS None

102 102 AGENDA INPUT ADJOURNMENT MAYOR: December 10, 2018, 6:00 pm Work Session o Update on City Council Goals December 17, 2018, 7:00 pm - City Council Regular Session January 7, 2019, 7:00 pm - City Council Regular Session o Oath of Office for Newly Elected City Council Members o Election of Council President Mayor Clark adjourned the meeting at 9:50 p.m. APPROVED: Cathy Clark Debbie Lockhart, Deputy City Recorder COUNCIL MEMBERS Councilor #1 Laura Reid Councilor #4 Roland Herrera Councilor #2 Kim Freeman Councilor #5 Amy Ryan Councilor #3 Marlene Parsons Councilor #6 Bruce Anderson Minutes approved:

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