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AGENDA

KEIZER CITY COUNCIL REGULAR SESSION

Tuesday, February 16, 2016 7:00 p.m.

Robert L. Simon Council Chambers Keizer, Oregon

1. CALL TO ORDER 2. ROLL CALL

3. FLAG SALUTE

4. SPECIAL ORDERS OF BUSINESS

a. West Keizer Neighborhood Association Annual Report

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. 2016 Liquor License Renewals

b. Keizer Development Code Text Amendment – Day Care Standards

8. ADMINISTATIVE ACTION

a. ORDINANCE – Amending ordinance Adopting the Keizer Medical Marijuana

Facility Permit Process; Amendment of Ordinance No. 2014-702; Repeal of Ordinance No. 20140704 and Ordinance No. 2015-731

9. CONSENT CALENDAR

a. RESOLUTION – Authorizing the City Manager to Sign Engineering Services Contract with AKS Engineering and Forestry, LLC

b. RESOLUTION – Declaring the City’s Intent to Initiate a Street Lighting Local

Improvement District (Bowden Meadows) and Directing the City Engineer to make a Survey and File a Written Report with the City Recorder

c. RESOLUTION – Authorizing the Mayor and City Manager to Enter Into

Amendment Number 01 to Local Agency Agreement Surface Transportation Program – Urban (Verda Lane at Chemawa Road)

d. Approval of January 19, 2016 Regular Session Minutes e. Approval of February 1, 2016 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

February 23, 2016 (Tuesday) 5:30 p.m. – City Council Work Session

• Tour of Liberty House

March 7, 2016 7:00 p.m. – City Council Regular Session March 14, 2016 5:45 p.m. – City Council Work Session

• Emergency Management

March 21, 2016 7:00 p.m. – City Council Regular Session

14. ADJOURNMENT

Upon request, auxiliary aids and/or special services will be provided. To request services, please contact us at (503)390-3700 or through Oregon Relay at 1-800-735-2900 at least two working days (48 hours) in advance.

CITY COUNCIL MEETING: February 16, 2016

AGENDA ITEM NUMBER: TO: MAYOR CLARK AND CITY COUNCIL MEMBERS FROM: CHRIS EPPLEY CITY MANAGER SUBJECT: WEST KEIZER NEIGHBORHOOD ASSOCIATION ANNUAL REPORT BACKGROUND: In June, 1993 the City Council adopted Ordinance 93-257 outlining the purpose and guidelines for recognition of neighborhood associations. The Ordinance states in order to maintain recognition, the neighborhood association shall make an annual report to the City Council. The report may be submitted in writing or made orally at a City Council meeting. Rhonda Rich, 2015 President of the West Keizer Neighborhood Association has submitted the attached written report. RECOMMENDATION: It is recommended the Council accept the report and by motion extend recognition to the West Keizer Neighborhood Association for an additional year.

2015 ANNUAL ASSOCIATION REPORTfor the

WEST KEIZER NEIGHBORHOOD ASSOCIATION

January 8, 2015 Annual Meeting at the Keizer Civic Center!Elections were held for WKNA officers and directors, facilitated by Ron Freeman. Board members were approved unanimously and election results were as follows:! ! Rhonda Rich, President! ! Carol Doerfler, Vice President! ! Carolyn Homan, Secretary! ! Directors: Art Mauer, Ron Freeman and Clint Holland.! ! (The 4th position was filled by Sarah Head at the April 2nd Board meeting) Councilor Kim Freeman was appointed WKNAʼs liaison to City Council.! Chief John Teague ,Keizer Police Dept. discussed Problem Oriented Policing (POP) which aims to identify problems and solve them, thus driving down crime and making citizens feel safer by assigning officers who are having more conversations with citizens in order to identify issues. He also reported that KPD is leading a pilot for Salem-Keizer schools on truancy. He shared that a computer forensics investigator position will be filled soon. Report from Eric Bandonis, Marion County Sheriffʼs Office, Parole and Probation officer Ron Freeman, the WKNA representative to the Keizer Rapids Park playstructure taskforce gave an update and enouraged anyone to go to www.keizerbigtoy.org.! WKNAʼs website, westkeizerna.org, has been updated and the new web manager is Barbara Smith Henke.

***************************************************************************February 12, 2015 General Meeting at the Keizer Civic Center

“Pizza Planning Party”

Pizza donated by Keizer Figaro’s & Rhonda Rich.

Planning for 2015 included: Participation in the Adopt-a-Street program, support the Keizer Rapids Playstructure construction, partner with the Audubon Society for a tour of KRP, invite River Rd. businesses to meetings, promote Sidewalks on Delight St., start Little Libraries project. Topics for future monthly meetings was also discussed.! Thank you to former Board member Gary Blake – Rhonda noted that Gary served from 2008 through 2014, including a term as vice president in 2010. Among his accomplishments were the Iris Parade boat float; acquiring supplies and carving of the Palma Ciea neighborhood signs; neighborhood watch participation; representation of WKNA on the fire departmentʼs citizen task force; and organizing the Adopt-A-Street

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program for Chemawa Road. She presented Gary with a certificate to recognize his service. He expressed his appreciation and said that he looks forward to continuing to be connected to the group.! Ron Freeman and Clint Holland gave updates on Keizer Rapids Park projects, Sunset Park improvements which include grass and a sprinkler system and the possibility of a parks taxing district.! Gary Blake, Davis Dyer and Art Mauer continued to be the WKNA representatives to the Keizer Fire Dept. at a Citizenʼs Advisory meeting with Chief Cowan on Thursday, February 26th.

***************************************************************************March 5, 2015 General Meeting at the Keizer Civic Center

! Officer David LeDay from Keizer Police Department, said that foot patrols will soon resume at Wallace House Park. Sweeps have been made of the lower park areas, closest to the river, to ensure that homeless encampments are not being reestablished.! Bill Lawyer, Keizer Public Works Director discussed many public works projects:Parks:! Bill gave background on the Big Toy project at Keizer Rapids Park. He stated that In the parks budget for 2015-16, the No. 1 priority is $11,000 to resurface the tennis courts at Willamette Manor Park in West Keizer.! Member Bob DeVore asked about kayak access at Sunset Park resulting in some brainstorming about ways to facilitate safely getting large kayaks and other vessels over the chain link fence at the park entrance. Mark Callier suggested installing vertical pipes at both ends with a “roller” pipe in between, which would allow a kayak to easily slide along it and over the fence. Bill said he would see that improvements are made.! Carol Doerfler posed the question of the possible sale of Palm Ciea Park. Bill said that this topic will be discussed at the Parks Advisory Board meeting and a recommendation could go to the City Council.Streets: ! Other members expressed concerns about: rain water pooling in driveways on Toni Ave.N., allowing parking on the west side of Delight at the intersection of Chemawa which can restrict traffic flow at this busy intersection. dangerous pedestrian crossing at River Road and Sam Orcutt Way, improvements of Delight Street which have included discussions of adding sidewalks to improve safety for school children walking to McNary and Cummings schools, and the roundabout planned at Verda/Chemawa.Water:! Water system update – Bill outlined water main replacements underway in areas along Rivercrest, Mandarin, Menlo, Marino and Toni avenues.! Drinking water – Some complaints have come in about “stinky” water in some areas. Bill suggested that this problem can be helped in some cases by replacing flexible tubing with copper piping. All of Keizerʼs drinking water is from wells so mineral

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content is inevitable. The city is rigorous in testing for impurities, he said, with some sites tested monthly – above and beyond the federal standards. He urged anyone with questions or concerns to call him. “I need to know!” he said. Mark Callier, project coordinator for the KRP Community Build Playstructure, outlined the plan for needing many volunteers and more donations. He explained how the work will be divided and that there is work for skilled and unskilled volunteers. In addition, Mark who is with the Claggett Creek Watershed Council, said his volunteers are planning to plant trees along the south edge of the pond at Keizer Rapids Park in hopes the shade will help control the invasive aquatic vegetation. Mark Callier, President of the Greater Gubser Neighborhood Association shared upcoming events such as, Holiday lighting event which benefits the Marion Polk Food Share, a garage sale, National Night Out Parties & code enforcement intervention. Art Mauer and Davis Dyer gave an update on the Keizer Fire District Citizen Advisory Committee. Art said a bond measure seeking 14 cents/thousand of assessed valuation will be sought in November to fund equipment purchases, which will be phased in over several years.! Carol Doerfler was commended for organizing an effort to plant pansies in the reader board planter at Cummings Elementary school. Carol enlisted Board members to get and donate free pansies offered this spring by Egan Gardens. Carol shared a report from Principal Lisa Sundseth on current events at the school

****************************************************************************************************Adopt-a-Street Cleanup on Chemawa Rd. - March 14, 2015

**************************************************************************************************** April 2, 2015 General Meeting at the Keizer Civic Center

Ron & Kim Freeman, lead persons for the Volunteers for the KRP Community Build Playstructure encourged members to sign up & talked about the logistics of organizing more than 200 people per shift – 3 shifts per day for 5 days. A Little Library was approved to stand at Moneda & Shoreline and built and managed by Martin & Carol Doerfler. It features books, a log book & WKNA brochures & information about meetings. Joe Egli, Chairman of the Keizer Iris Festival, presented details on the May 14-17 event. Egli thanked WKNA for its help last year in notifying neighbors of the marathon route through West Keizer.! Candidates for May 19 Special Elections – Rhonda introduced candidates for Salem-Keizer Transit District Richard Stevenson and Colleen Busch, subdistrict 2, and Kathy Lincoln, unopposed for subdistrict 3; Salem-Keizer School Board, Zone 6, Timothy Moles, who is running against Chuck Lee. Mr. Lee could not attend; and Keizer Fire District candidates James Mulhern, running against Chet Patterson for Position 3; Michael Bauer, unopposed for Position 4; and Betty Hart and Jim Taylor, Position 5. Mr. Patterson could not attend but provided an information sheet.

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The candidates were given a maximum of 10 minutes to provide background on themselves and why they are running.

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MINUTES KEIZER CITY COUNCILMonday, April 20, 2015

Volunteer of the Quarter Award – Gary BlakeRhonda Rich, President of the West Keizer Neighborhood Association, explained that Gary Blake had been on the Board for seven years and done a lot for the Association and the City including the adopt-a-street program, providing his boat for a float in a parade, and working on park projects.Gary Blake voiced appreciation to the City Council for allowing volunteerism to be a strong feature of the city. He expressed appreciation for Rhonda Rich’s dedication and leadership and announced that he would continue to serve the community and the association even though he is no longer on the board.Mayor Clark explained that the Volunteer of the Quarter Award was established several years ago to recognize and thank those who give their time to the community. She then presented him with a personalized clock as a token of appreciation.

****************************************************************************************************May 7, 2015 Board Meeting! Rhonda had the Keizer Iris Fest flyers that will be used to alert West Keizer neighbors to the marathon and fun run route, as well as the bike route. The flyers need to go out by Wed., May 13. She had maps of the affected streets where flyers need to be distributed so Board members could divide up the packets for delivery. Joe Egli, chairman of the Iris Fest, said the notification system was very effective last year and encouraged WKNA to take on the task again this year.

May 14, 2015 General Meeting at the Keizer Civic Center

! Mary Jo Emmett, coordinator, John Knox Community Garden,reported that from the original 16 plots, expansion was begun in 2012 with four “E” plots and they have added raised beds thanks to grants and help from Marion-Polk Food Share. Thanks to a grant from Sunrise Rotary, they have erected a fence and gate along Cummings to indicate to neighbors that everything behind the fence belongs to people tending the plots. In front of the fence is a “public nibbling area” and passersby and neighbors are encouraged to sample fresh produce from that area. The gazebo/pergola/grape arbor, as well as the raised bed boxes, were built last fall by members of the Willamette University football team. The plan is to add some blueberry plants and flower beds up front, too.! Jenny Meisel, Marion Soil and Water Conservation District, Creating Backyard Habitat for Wildlife and Pollinators – Jenny is a Resource Conservationist with the district. She gave a brief introduction to the Marion SWCD, including the fact that it is not a regulatory organization. Its mission is to protect, enhance and improve the

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natural resources in Marion County through education, technical assistance and grants. It offers free technical advice to help landowners conserve soil and water, operating thanks to a small tax levy. Increasing your backyard habitat has educational and esthetic values, as well as benefits to wildlife and pollinators. She gave many examples of how to accomplish these goals. The website is www.marionswcd.net ! Clint Holland, Parks Advisory Board member, said that at the last meeting the board approved a new improvement at Keizer Rapids Park. Hans Schneider is donating three sand volleyball courts, with work to start in July. Discussion of the possible sale of Palma Ciea Park. See minutes of meeting on www.westkeizerna.org and minutes below of public testimony at the June 1st City Council Meeting and June 9th and July 14th Keizer Parks & Recreation Advisory Board.

****************************************************************************************************MINUTES KEIZER CITY COUNCIL Monday, June 1, 2015

Darrell Richardson, Keizer, urged that the City not sell Palma Ciea Park and suggested that features of Palma Ciea Park that make it difficult to use could be fixed. Public Works Director Bill Lawyer explained that the Parks Board wants only to look at options for the park and has therefore requested a market analysis or appraisal to begin those discussions. There has been no decision to sell the park.Gary Blake, Keizer, representing a number of citizens in the area of Palma Ciea Park, voiced opposition to selling the park. He suggested improving the park, adding that one citizen in the area has expressed a willingness to donate money to build walkways in the park.Rhonda Rich, Keizer, President of West Keizer Neighborhood Association, expressed opposition to selling Palma Ciea Park noting that Sunset Park did not start out pretty but it is now and that could be the case with Palma Ciea.

KEIZER PARKS & RECREATION ADVISORY BOARD REGULAR SESSION MINUTES Tuesday, June 9, 2015

Gary Blake, Keizer, and Rhonda Rich, President of the West Keizer Neighborhood Association, Keizer, expressed opposition to selling Palma Ciea Park and urged that it be developed into a ‘destination park’ instead. Mr. Blake indicated that a neighbor of the park has offered to donate funds to improve the park. Board members explained that Council has simply approved the purchase of an appraisal for the property; at this time there are no plans to sell it. The process for selling the park, should that appear to be beneficial to the City, would include ample opportunity for the public to express their opinion through public hearings; the appraisal is more of an information gathering exercise. Board members encouraged Mr. Blake to contact Robert Johnson for direction on using volunteers to improve the park.

KEIZER PARKS & RECREATION ADVISORY BOARD REGULAR SESSION MINUTES Tuesday, July 14, 2015

Gary Blake, Keizer, representing friends and neighbors of Palma Ciea Park asked about the status of the park and informed the Board that nearby residents and

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http://www.marionswcd.net

http://www.marionswcd.net

http://www.westkeizerna.org


neighbors would like to pursue improving the park. Suggestions have been creating a neighborhood garden in the park, using volunteers for maintenance and for completing plans shown in the Parks Master Plan. He stressed that residents want to be involved in the decision on what happens to the park and indicated that he had several letters to submit into the record. (Mr. Blake left without submitting the letters to staff.)

****************************************************************************************************June 4, 2015 Board Meeting at Keizer Civic Center

Nate Brown, Keizerʼs Community Development Director, discussed infill development issues and the Planning Commission 2015 Work Plan. Nate said infill has become a big issue following a controversial lot partition and development on Sunset Avenue in recent years. He said staff would appreciate WKNAʼs help on some of the proposed standards set forth in a memo from city staff to the Planning Commission.Nate asked for input on some of the specific standards.1) Requirement for a significant variation of at least 3 building materials on at least 10% of the homeʼs façade facing the street. Builders felt this also could affect starter homes, but staff felt builders have leeway because Keizerʼs Systems Development Charges are among the lowest in the state. WKNA agreed that 10% is reasonable.

2) Garage doors – Should they constitute 40 or 50% of the façade, which can be a factor on the newer, narrower lots? WKNA felt 40% was OK. Staff is asking the Planning Commission to provide direction.

3) Exempting lots 8,000 sq. ft. from the design requirements relating to “garage prominent” or garage forward plans. Builders want lots 7,500 sq. ft. to be exempted. Staff recommends retaining the 8,000 sq. ft. standard and WKNA agreed.

3) Requiring a development plan be submitted with a partition or subdivision application that meets the infill size threshold. The plan must show the proposed building footprints and setbacks, heights and typical architectural designs and landscaping, fencing, etc. that will be used to screen the proposed development. Applicant must supply the information so it can be shared with neighbors. This provision was prompted by the Sunset Ave. infill.

4) In an effort to make new single-family infill compatible with the existing neighborhood, a new structure can be no more than 5 feet above the adjacent house unless mitigation measures are provided. This would be a combination of landscaping and/or increased setbacks. On Sunset, two lots were carved out behind an existing one-story structure. A new, two-story home was built on the back parcel and a one-story manufacture home will be placed on the lot between the existing and the new homes.

5) Requiring an emergency turnaround regardless of the length of the easement. WKNA agreed.

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6) Requiring a parking plan for development not served by a public street or a street that doesnʼt allow parking on both sides, specifying three parking spaces if the lot is a flag lot or on an access easement. The garage does not count as a space. Some felt the garage should count as an acceptable parking space.

KEIZER PLANNING COMMISSION MEETING MINUTES Wednesday, June 10, 2015

CONTINUATION OF PUBLIC HEARING: Text Amendment Case No. 2015-06 Rhonda Rich, Keizer, President of the West Keizer Neighborhood Association, referred to the draft WKNA Board meeting minutes which Mr. Brown had distributed, noting that in general the Board was in agreement with the staff recommendation but opposed to the allowance of partitioned lots.

*************************************************************************************Adopt-a-Street Cleanup on Chemawa Rd. - June 13, 2015

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September 10, 2015 General Meeting at the Keizer Civic Center

Chief Cowan, Keizer Fire Dept. presented information for a new 20-year bond measure that will help the district replace aging equipment. KFD seeks funds for 3 new engines, 5 ambulances, emergency medical equipment such as an EKG monitor, a replacement for KFDʼs 25-year-old Jaws of Life apparatus, other rescue equipment and communications equipment that will mesh with that of other area police and fire agencies. The new bond measure will replace the 20-year measure approved in 1996 to build the KFD headquarters station. That measure will be paid off in February 2016. The 1996 measure started at 20 cents/thousand of assessed value and then dropped, averaging 14 cents/thousand over the 20-year life. The new bond measure will start at 14 cents/thousand, Cowan said. The district looks to raise about $6.2 million. Ron Freeman, WKNA representative to the Big Toy project, reported on the Big Toy dedication. The group will seek grants to pay for the new rubberized play surface and restrooms that are ADA compliant. the Big Toy Facebook page will be used to sign up volunteers for various upkeep projects that will be necessary going forward. He also urged people to visit the kiosk at the Big Toy, which recognizes volunteers, and he reminded everyone that commemorative pickets still can be purchased.

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Adopt-a-Street Cleanup on Chemawa Rd. - September 12, 2015

3rd Annual Birding field trip with the Audubon Society at Keizer Rapids Park was organized by Carolyn Homan. - September 24, 2015

February 16,2016

********************************************************************************************MINUTES KEIZER CITY COUNCIL Tuesday, September 8, 2015

Rhonda Rich, President of the West Keizer Neighborhood Association, voiced support for the proposed ordinance amending the Development Code, thanked the community and council for the Big Toy play structure, requested that the pathway from Tate Avenue to Keizer Rapids Park be made more accessible, announced the upcoming WKNA meeting, Chemawa Road cleanup and the Audubon birding field trip, and commended the City’s new website.

MINUTES KEIZER CITY COUNCIL/PARKS ADVISORY BOARD WORK SESSION

Monday, September 14, 2015 Keizer Rapids ParkRhonda Rich, President of the West Keizer Neighborhood Association, introduced Carolyn Holman who invited everyone to a ‘Bird Watch’ with the Audubon Society at Keizer Rapids Park. Ms. Rich urged that the pathway from Tate Avenue be paved to make it ADA accessible. Mr. Lawyer pointed out that it is a temporary pathway and it is not clear that it will be in existence in the future.

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October 8, 2015 General Meeting at the Keizer Civic Center

Benjamin Crosby, Code Compliance Officer for the City of Keizer discussed his new position as Keizerʼs code enforcement officer. Although heʼs new to Keizer, he said heʼs lived all his life in the area, spending the past 9 years in enforcement, mainly with Salemʼs compliance and enforcement. In addition to code enforcement, he also has assumed graffiti and parking enforcement duties from Keizer Police.! As a final note, he urged people to first try the neighbor-to-neighbor, direct approach to resolve issues before any enforcement process starts. It makes for a better neighborhood. He shared his email – [email protected] – should anyone have questions. He also can be reached at (503) 856-3438.! Rod Conway, KFD Fire Marshal, who has worked in the fire industry for 25 years. He talked about the cityʼs tag-team approach to code enforcement. Conway said he has no jurisdiction on private property, but commercial propertyʼs a different story. Business inspections are his duty, although most are not inspected annually. Annual inspections are the goal for schools, churches and apartments/multi-family housing units. He also does a lot of work with new construction, noting the several new care homes under way in Keizer. Marijuana facilities also are of interest because of the wiring and chemicals involved that could be fire hazards.! Back-yard burning, banned 8 years ago, is still a pretty big issue. People should know itʼs a $500 ticket, but in addition they can be billed $1,000 or more for personnel and equipment costs if the city has to respond to a back-yard burning call. He also gets lots of calls regarding grass fires and fireworks.

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mailto:[email protected]


! Keizer records 60 to 65 fires a year, many of them grass and cooking fires. Conway noted that “clean houses donʼt burn,” citing the clutter found in the aftermath of many home fires.! As it was Fire Prevention Week, he recommended having a fire extinguisher as a first line of defense and said people could get them on sale at most home improvement stores. He recommended a 2-A:10-B:C model. He can be reached with any questions at [email protected], or 503-390-9111.! Kathy Lincoln, Mass Transit board member and member of WKNA, explained the details of the Salem Area Mass Transit payroll tax measure to fund renewed bus service on evenings and weekends and return the student bus pass for 6th through 12th graders. ! The transit board rejected seeking a property tax measure because it would fall unequally on some areas, including West Salem and Keizer. A public poll showed people favored the payroll tax. At .21%, or $2.10/$1,000 of payroll a business with an $80,000 payroll would pay $169 annually. That is tax deductible. Members were encouraged to send in ballots by November 3rd.

***************************************************************************************************October 15, 2015 Dedication of the new Little Library created by Carol & Martin Doerfler at the corner of Shoreline Dr. & Rafael Ave.

*************************************************************************************MINUTES KEIZER CITY COUNCIL Monday, October 19, 2015

City Manager Chris Eppley reported that an application was submitted for a new Liquor License for Pats 1 Cig, Keizer, Oregon. A public hearing was scheduled, notice published, necessary notification given, a background check was done, and the location of the establishment was found to be properly zoned. Mayor Clark read an email received from the West Keizer NeighborhoodAssociation Board stating that the Board has no objections to the application.

****************************************************************************************************October 21, 2015 Keizer Chamber of Commerce, Leadership Keizer, Education & Workforce Development. Rhonda Rich attended and gave a report on the West Keizer Neighborhood Association’s activities for the last 10 years.

****************************************************************************************************November 12, 2015 General Meeting at the Keizer Civic Center

Eric Bandonis, Marion County Sheriff’s Parole & Probation Officer noted a 2.2% caseload increase from October 2014 to October 2015, with 79 more clients, although no causes have been identified. He said the department is hiring more probation/parole officers. ! Clients meet at his office (heʼs housed at Keizer Police Department) but he also goes to their home and/or workplace to make sure they are complying with the conditions of their parole. They refer clients to various resources to help them, including

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an employment counselor and substance abuse treatment if they canʼt afford it or they donʼt have insurance coverage.! Skye Hibbard-Swanson, JustWalk Salem – She is with Oregon State University Extension/Marion County and is facilitating a grant from Salem Health to fund neighborhood walking groups to promote good health in the community.! The effort just sponsored its first Keizer walk in conjunction with Keizer Fire Department. KFD community education specialist Anne Marie Storms is organizing walks every Tuesday, starting at 10 a.m. at Panera Bread in Keizer Station and following the walking path around Keizer Station. To find a walking group go to justwalksalem.com, facebook.com/justwalksalem or phone 503-373-3760.! Diane Child, Outreach Coordinator with Oregon Department of Consumer and Business Services spoke on “Identity Theft”. She outlined the need to protect your personal identity, including your Social Security, driverʼs license and credit card numbers and information. She distributed a brochure outlining the 2007 Oregon Identity Theft Protection Act, including what constitutes personal information; some tips on preventing theft of your ID, including a security freeze; and immediate action to take if ID theft occurs.! Sources of ID theft include data breaches, phishing schemes, theft and Dumpster diving, and negligence.! Get your free credit report annually at 877-322-8228 or www.annualcreditreport.com. She said the advertised “free credit report.com” is not free.! If you suffer a data breach, follow the instruction on the letter you get. There is information at www.ftc.gov and www.OnGuardOnline.gov! For other information, go to www.dfcs.oregon.gov and click on Identity Theft.! Councilor Freeman requested for people to remind their neighbors that the green yard debris garbage container now goes out weekly. Garbage rates went up to cover this! Rhonda Rich announced that the Salem-Keizer Transit Districtʼs budget committee is looking for a citizen member. Details are on the districtʼs website at http://cherriots.org/budget-committee or at the Salem-Keizer Transit administration office, Suite 5230, 555 Court Street NE, Salem, Oregon 97301/503-588-2424.Also, Oregon Department of Transportation is holding outreach meetings in November on improving passenger rail between Eugene and Portland. More information is available on that website at http://eepurl.com/bDuT49.

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For complete WKNA board and general meeting minute, and additional information, go to www.westkeizerna.org.

Respectfully submitted by Rhonda Rich, 2015 President of the WKNA

February 16,2016

http://www.annualcreditreport.com

http://www.annualcreditreport.com

http://www.ftc.gov

http://www.ftc.gov

http://www.OnGuardOnline.gov

http://www.OnGuardOnline.gov

http://www.dfcs.oregon.gov

http://www.dfcs.oregon.gov

http://cherriots.org/budget-committee

http://cherriots.org/budget-committee

http://eepurl.com/bDuT49

http://eepurl.com/bDuT49



CITY COUNCIL MEETING: February 16, 2016

TO: MAYOR CLARK AND CITY COUNCIL MEMBERS THROUGH: CHRIS EPPLEY CITY MANAGER FROM: TRACY L. DAVIS, MMC CITY RECORDER SUBJECT: 2016 LIQUOR LICENSE RENEWALS ♦ 7-Eleven Store #2362-17727G(south) ♦ 7-Eleven Store #2362-17762C(north) ♦ Abby’s Pizza ♦ AJ’s Hideaway Bar and Grill ♦ Albertson’s #562 ♦ All Stars Sports Grill ♦ B&S Market ♦ Bi Mart #624 ♦ Birdie’s Bistro ♦ Chen’s Dynasty ♦ Cherry Ave Market and Deli ♦ Cherry’s Nagani ♦ Chipotle Mexican Grill ♦ Coopers Deli & Pub ♦ Cost Plus World Market ♦ DJ Bar and Grill ♦ Delaney Madison Grill ♦ Dim Sum Restaurant ♦ El Patron ♦ Elks Lodge #2472 ♦ Full Monty’s Bistro & Tap House ♦ Good Times 1 ♦ Growl Movement ♦ Gustav’s Bargarten Keizer ♦ JC’s Pizzeria ♦ Jade Garden ♦ John’s Chinese Restaurant ♦ Keizer Food Market ♦ Keizer Mart ♦ Keizer Shell Food Mart ♦ Keizer Sub Shop ♦ Kolby’s Restaurant Bar & Billiards

♦ La Sonorense ♦ La Hacienda Real ♦ Los Dos Hermanos ♦ Mario’s Bar ♦ Mariscos La Sirenita ♦ McNary Restaurant ♦ Mommy and Maddi’s ♦ Nancy’s Burgers and Fries ♦ Neighborhood Market ♦ Outback Steak House ♦ Pat’s Cigs and Gifts Galore ♦ Plaza Morelia ♦ Red Ginger Restaurant ♦ Ringo’s Tavern ♦ Rite Aid #5364 ♦ Round Table Pizza #964 ♦ Royal Pub ♦ Safeway Store #1516 ♦ Shari’s of Keizer ♦ Sweet Home Thai Cuisine ♦ Target Store #2110 ♦ Tequila Nights Bar and Grill ♦ Teriyaki Town and Sushi ♦ Thai Lotus ♦ That Food Guy ♦ The Pub ♦ Town and Country Lanes Inc ♦ Truax #2 (5135 River Rd N) ♦ Truax #2 (3510 River Rd N) ♦ US Market #125 ♦ Walgreens #04230

BACKGROUND: Each year the Oregon Liquor Control Commission requires liquor establishments to renew their license to sell alcoholic beverages. The City of Keizer adopted an Ordinance which declares business owners shall have the responsibility to contribute to, rather than jeopardize the well being of the community and the liquor licensee should promote, sell and serve alcoholic beverages in a responsible manner which minimizes the risks associated with its use. The Ordinance outlines guidelines for annual review of each of the liquor establishments within the City. ISSUE: Following the guidelines as outlined in the Ordinance, notice of public hearing was published in the Keizertimes asking for objections to the license renewals. No responses were received by the writing of this report. The Keizer Police Department has reviewed the 2015 calls for service at each of the establishments and finds that none of the establishments were in violation of City Ordinance 2010-623. Their report is attached. The Keizer Community Development Department also had an opportunity to comment on zoning issues for each of these establishments. There were no zoning violations noted. RECOMMENDATION: It is recommended the Keizer City Council open the public hearing, receive testimony, and close the public hearing. It is further recommended the Council vote to recommend renewal of the listed liquor licenses and forward this recommendation to the Oregon Liquor Control Commission.

COUNCIL MEETING: Feb 16, 2016 AGENDA ITEM NUMBER: _______ TO: MAYOR CLARK AND CITY COUNCIL MEMBERS THROUGH: CHRIS EPPLEY, CITY MANAGER NATE BROWN, COMMUNITY DEVELOPMENT DIRECTOR FROM: SAM LITKE, SENIOR PLANNER SUBJECT: Text amendments relating to day care standards Attachments:

• 2.102 (Residential Single Family)– draft • 2.103 (Limited Density Residential)– draft • 2.104 (Medium Density Residential) – draft • 2.105 (High Density Residential) - draft • 2.106 (Residential Commercial) - draft • 2.107 (Mixed Use) - draft • 2.108 (Commercial Office) - draft • 2.110 (Commercial Mixed Use) - draft • 2.113 (Industrial Business Park) - draft • 2.119 (Employment General) - draft • 2.303 (Off Street Parking) - draft

ISSUE: The proposed revisions relate to the standards governing day care facilites. The Planning Commission voted unanimously to support the proposed text amendments. DISCUSSION: The proposed revisions to the day care standards in Section 2.102 (Residential Single Family); 2.103 (Limited Density Residential); 2.104 (Medium Density Residential; 2.105 (High Density Residential) will increase the maximum number of children in a day care from 12 to 16 children. This is the result of changes in state requirements governing day care facilties which allowed for an increase in the number of children in day care facilities. The intent is to make the city’s standards consistent with state regulations. Each of the four sections also increase the threshold for a conditional use permit. No additional revisions of standards are proposed as there are adequate existing state requirements that regulate this type of use. In addition, “Child day care services” to “Day care facililty” in Section 2.106 (Residential Commercial); 2.107 (Mixed Use); 2.108 (Commercial Office); 2.110 (Commercial Mixed Use); 2.113 (Industrial Business Park); 2.119 (Employment General); and 2.303 (Off Street Parking) is revised to be consistent with Section 1.200 (Definitions). RECOMMENDATION: That City Council open the public hearing to consider the proposed text amendments and direct staff to prepare an ordinance with findings to adopt the proposed revisions.

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2 . 1 02 S I NG LE FAM I LY R ESI D E N TI AL ( R S)

2.102.01 Purpose The purpose of the RS (Single Family Residential) zone is to allow development of single family homes on individual lots provided with urban services at low urban densities. Other uses compatible with residential development are also appropriate. These areas are designated as Low Density Residential in the Comprehensive Plan. (5/98)

2.102.02 Permitted Uses The following uses, when developed under the applicable development standards in this Ordinance, are permitted in the RS zone: A. Detached single family dwelling on a lot. (5/98) B. Residential homes. (5/98) C. Child day care service, including f Family day care provider, for 12 16 or

fewer children consistent with state regulations. (5/98) D. Public or private utility substation, but excluding communication towers

and electrical substations. (5/98) E. Child foster home for five or fewer children.(6/99)

2.102.03 Special Permitted Uses The following uses, when developed under the applicable development standards in this Ordinance and special development requirements, are permitted in the RS zone: A. Partitions, subject to the provisions in Section 2.310. (5/98) B. Subdivision, subject to the provisions in Section 2.310. (5/98) C. Planned unit development, subject to the provisions in Section 2.311. (5/98) D. Accessory structures and uses prescribed in Section 2.203.02. (5/98)

E. Transit Facilities (Section 2.305). (Ordinance No. is 2009-586, 5/09) F. The following special uses subject to the applicable standards in Section

2.400. (5/98)

Keizer Development Code - May 1998 (Revised 10/15) 2.102 SINGLE FAMILY RESIDENTIAL (RS)1

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1. Duplex on a corner lot (Section 2.403). (5/98) 2. Shared housing Facilities (Section 2.403). (5/98) 3. Zero side yard dwelling units (Section 2.404). (5/98) 4. Home occupations (Section 2.407). (5/98) 5. Residential sales offices (Section 2.409). (5/98) 6. Public golf course (7992) or membership recreation club having golf

course (7997) (Section 2.410). (5/98) 7. House of Worship (Section 2.423). (5/98) 8. Manufactured homes on individual lots (Section 2.402). (5/98) 9. Recreational vehicle storage space (Section 2.413). (5/98) 10. Electrical substation (Section 2.426) (5/98) 11. Wireless Telecommunication Facilities (Section 2.427) (5/98) 12. Manufactured home parks (Section 2.405). (5/98)

13. Public Water Supply (Section 2.430) (06/10)

2.102.04 Conditional Uses The following uses may be permitted subject to obtaining a conditional use permit. Development of the site may also require compliance with development standards in Section 2.4. (5/98) A. Elementary schools (Section 2.424). (5/98) B. Public parks, playgrounds, community clubs including swimming, tennis

and similar recreation facilities; and other public or semi-public uses. (5/98) C. Civic, social and fraternal organizations (864). (5/98) D. Child d Day care facility, services for 13 17 or more children consistent

with state regulations. (5/98) E. Bed and breakfast establishment (Section 2.408). (5/98)


DRAFT F. Use of a mobile home as a temporary hardship dwelling (Section 2.406)

(5/98) G. Child foster home for six, seven or eight children, providing such home:

1. Is properly accredited by the Council on Accreditation on Child and Family Programs;

2. Be located on a lot of no less than 16,000 square feet; 3. The lot shall be located on an arterial or major collector street;

4. Shall be no less than 2,400 square feet in size, excluding attached

garages, carports, patios, and all unfinished space;

5. Shall have setbacks for all structures of no less than 16 feet on each side and 30 feet along the back of the property;

6. Shall have usable paved off-street parking for no less than 6 vehicles,

plus one additional usable off-street paved parking space is to be provided for each foster child that owns or is the principal driver of any vehicle;

7. At least on half of the lot area (no less than 8,000 square feet) shall

consist of open space, grass and landscaping, including landscaping area at least 8 feet wide for permanent visual screening along the sides and back of the property. (which landscaping along sides and back of the property shall be designed for a minimum height of no less than 6 feet after five years) Decks, patios, paved areas, and parking areas, (paved or unpaved) shall not be included when calculating the amount of required open space, grass and landscaping.

8. Is not located within one-half (1/2) mile of another child foster home of

six to eight children, as measured between the closest lot lines of the existing child foster home and the proposed child foster home.

All child foster homes shall meet all applicable laws and regulations, including, but not limited to, applicable building codes.(6/99) H. Transit Station (Section 2.429). ( 5/09)

I. Cottage Cluster Development with or without the creation of any new lots

(Section 2.432). (6/14)


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2.102.05 Dimensional Standards The following dimensional standards shall be the minimum requirements for all development in the RS Zone except for modifications permitted under Section 2.202, General Exceptions or as required in Section 2.4. (5/98) A. Minimum Lot Dimension and Height Requirements

DIMENSION Residential Uses Non-Residential Uses

Lot Size 4000 square feet (1) (2)

Average Width 40 feet None

Average Depth 70 feet None

Maximum Height 35 feet (3)

(1) Newly created lots or parcels less than 5000 square feet in area shall be limited to zero lot line dwellings (2.404). (5/98)

(2) Parcel size shall be adequate to contain all structures within the required yard setbacks. (5/98)

(3) 50 Feet - Required setbacks shall increase 1 foot for every foot the height exceeds 35 feet. (5/98)

B. Minimum Yard Setback Requirements

SETBACKS Residential Uses Non-Residential Uses

Front (5) 10 feet 20 feet

Side 5 feet (1) 10 feet

Rear (2) 20 feet

Street-side (3) 10 feet 20 feet

Garage Entrance (4) 20 feet 20 feet

(1) Zero side yard dwelling units are subject to the setback provisions in Section 2.404. (5/98)

(2) The rear yard setback shall be as follows: 14 feet for a 1-story home; 20 feet for a 2-story home. (5/98)

(3) Setbacks are measured from property lines, not easement lines. However, no structure shall be placed any closer than five feet from the edge of an access easement or 20 feet from the right-of-way of an arterial or collector street. (5/98)


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(4) The garage entrance setback shall be measured from the property line or edge of private access easement to the entrance of the garage. The centerline of the driveway shall be measured if the driveway to the garage entrance is not perpendicular to the property line or private access easement. In no case shall a garage be set back less than the minimum front, side, and rear setbacks. (5/98)

(5) The minimum front setback from an access easement shall be ten (10) feet. (10/15)

2.102.06 Development Standards All development in the RS Zone shall comply with the applicable provisions of this Ordinance. The following includes referenced items as well as additional development requirements: A. Off Street Parking: Parking shall be as specified in Section 2.303. (5/98) B. Subdivisions and Partitions: Land divisions shall comply with provisions of

Section 2.310. (5/98) C. Yards and Lots: Yards and lots shall conform to the standards of Section

2.312. (5/98) D. Design Standards - Unless specifically modified by provisions in this

Section, buildings located within the RS zone shall comply with the following standards: (5/98)

1. Single family homes shall comply with the design standards in

Section 2.314. (5/98)

2. Residential structures with four or more attached dwelling units and non-residential structures shall comply with the provisions in Section 2.315 - Development Standards. (5/98)

E. Signs: Signs shall conform to the requirements of Section 2.308. (5/98) F. Accessory Structures: Accessory structures shall conform to requirements

in Section 2.313. (5/98) G. Landscaping: A minimum of 30% of the property shall be landscaped,

including all required yards. Landscaped areas shall be landscaped as provided in Section 2.309. (5/98)


DRAFT H. Lot Coverage: The maximum coverage allowed for buildings, accessory

structures and paved parking shall be 70%. (5/98) I. Density: When RS zoned property is subdivided the minimum density shall

be 4 units per acre; the maximum density shall be 8 units per acre except in the RS zoned area north of Barnick Road where the maximum density shall be 6 units per acre with no minimum. (5/98)

J. Number of Buildings. No more than one primary building shall be located

on a lot or parcel. (5/98)


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2 . 1 03 L I M I T E D D EN SI TY R ESI D EN TI AL ( R L )

2.103.01 Purpose The RL (LIMITED DENSITY RESIDENTIAL) zone is intended to provide for detached and attached dwellings on a lot or multiple dwellings on a lot at an intermediate density. Other uses compatible with residential development are also appropriate. RL zones are located in areas designated Medium Density Residential, and, Medium and High Density Residential in the Comprehensive Plan and provided with urban services. RL zones will generally abut a collector or arterial street so that traffic is not required to travel through lower density residential neighborhoods. (01/02)

2.103.02 Permitted Uses The following uses, when developed under the applicable development standards in the Ordinance, are permitted in the RL zone: A. Detached single family dwelling on a lot. (5/98) B. Residential homes and facilities. (5/98) C. Buildings with two or more dwelling units. (5/98) D. Combination of permitted attached or detached dwellings on a lot. (5/98) E. Child day care service, including f Family day care provider, for 12 16 or fewer

children consistent with state regulations. (5/98) D. Public or private utility substation, but excluding communication towers and

electrical substations. (5/98) G. Child foster home for five or fewer children.(6/99)

2.103.03 Special Permitted Uses The following uses, when developed under the applicable development standards in the Ordinance and special development requirements, are permitted in the RL zone: A. Partitions, subject to the provisions in Section 2.310. (5/98) B. Subdivision, subject to the provisions in Section 2.310. (5/98) C. Planned unit development, subject to the provisions in Section 2.311. (5/98) D. Accessory structures and uses prescribed in Section 2.203.02. (5/98)

Keizer Development Code - May 1998 (Revised 10/15) 2.103 LIMITED DENSITY RESIDENTIAL (RL)1

DRAFT E. The following special uses subject to the applicable standards in Section 2.4:

1. Shared housing facilities (Section 2.403). (5/98) 2. Zero side yard dwelling units (Section 2.404). (5/98) 3. Home occupations (Section 2.407). (5/98) 4. Residential sales offices (Section 2.409). (5/98) 5. Public golf course (7992) or membership recreation club having golf

course (7997) (Section 2.410). (5/98) 6. House of Worship (Section 2.423). (5/98) 7. Boat and RV storage area (Section 2.411). (5/98) 8. Manufactured homes on individual lots (Section 2.402) (5/98) 9. Recreational vehicle storage space (Section 2.413). (5/98) 10. Electrical substations (Section 2.426). (5/98) 11. Wireless Telecommunications Facilities (Section 2.427) (5/98) 12. Manufactured home parks (Section 2.405). (5/98) 13. Cottage Cluster Development without the creation of any new lots

(Section 2.432). (06/14)

2.103.04 Conditional Uses The following uses may be permitted subject to obtaining a conditional use permit: A. Schools (8211) (Section 2.424). (5/98) B. Public parks, playgrounds, community clubs including swimming, tennis

and similar recreational facilities, and other public and semi-public uses. (5/98) C. Civic, social and fraternal organizations (864). (5/98) D. Child d Day care facility services for 13 17 or more children consistent

with state regulations. (5/98) E. Bed and breakfast establishment (Section 2.408). (5/98)


DRAFT F. Rooming and boarding houses (702). (5/98) G. Water supply (494). (5/98) H. Child foster home for six, seven or eight children, providing such home:


2. Be located on a lot of no less than 16,000 square feet; 3. The lot shall be located on an arterial or major collector street;

4. Shall be no less than 2,400 square feet in size, excluding attached

garages, carports, patios, and all unfinished space;


6. Shall have usable paved off-street parking for no less than 6 vehicles,

plus one additional usable off-street paved parking space is to be provided for each foster child that owns or is the principal driver of any vehicle;

7. At least on half of the lot area (no less than 8,000 square feet) shall

consist of open space, grass and landscaping, including landscaping area at least 8 feet wide for permanent visual screening along the sides and back of the property. (which landscaping along sides and back of the property shall be designed for a minimum height of no less than 6 feet after five years) Decks, patios, paved areas, and parking areas, (paved or unpaved) shall not be included when calculating the amount of required open space, grass and landscaping.

8. Is not located within one-half (1/2) mile of another child foster home of six

to eight children, as measured between the closest lot lines of the existing child foster home and the proposed child foster home.

All child foster homes shall meet all applicable laws and regulations, including, but not limited to, applicable building codes.(6/99)

I. Cottage Cluster Development with the creation of new lots (Section 2.432). (6/14)


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2.103.05 Dimensional Standards A. Minimum Lot Dimension and Height Requirements

DIMENSION Single Family Duplex Multi-Family Non-Residential

Lot Size 4000 sq. ft. (1)(2)

7000 sq. ft. 10000 sq. ft. (3) (4)

Average Width 40 feet 50 feet 50 feet None

Average Depth 70 feet 80 feet 80 feet None

Maximum Height

35 feet 35 feet 35 feet (5)

(1) Newly created lots or parcels less than 5000 square feet in area shall be

limited to zero lot line dwellings (2.404). (5/98) (2) A single family dwelling attached on one side has a minimum lot area of

3500 square feet, and a single family dwelling attached on both sides has a minimum lot area of 3000 square feet. (5/98)

(3) Multi-family development must comply with the density standard in Section 2.103.06.I. (5/98)




SETBACKS Single Family Duplex Multi-Family Non-Residential

Front 10 feet (5) 10 feet (5) 10 feet 20 feet

Side 5 feet (1) 5 feet 10 feet 10 feet

Rear (2) (2) (2) 20 feet

Street-side (3) 10 feet 10 feet 10 feet 20 feet

Garage entrance (4)

20 feet (4) 20 feet (4) 20 feet (4) 20 feet (4)

(1) Zero side yard dwelling units are subject to the setback provisions in Section

2.404. (5/98) (2) The rear yard setback shall be as follows: 14 feet for a 1-story single family

home, duplex, or multi-family building; 20 feet for a 2-story single family home, duplex, or multi-family building. Setbacks are to be measured from


DRAFT

the architectural rear of the building regardless of the building’s orientation to property lines. (6/07)

(3) Setbacks are measured from property lines, not easement lines. However,

no structure shall be placed any closer than five feet from the edge of an access easement or 20 feet from the right-of-way of an arterial or collector street. (5/98)



2.103.06 Development Standards All development in the RL Zone shall comply with the applicable provisions of this Ordinance. The following includes referenced items as well as additional development requirements: A. Off Street Parking: Parking shall be as specified in Section 2.303. (5/98) B. Design Standards - Unless specifically modified by provisions in this

Section, buildings located within the RL zone shall comply with the following standards: (5/98)


Section 2.314. (5/98)

2. Residential structures with four or more attached dwelling units, including Cottage Cluster Development, and non-residential structures shall comply with the provisions in Section 2.315 - Development Standards. (6/14)

C. Subdivisions and Partitions: Land divisions shall be reviewed in

accordance with the provisions of Section 2.310. (5/98) D. Yards and Lots: Yards and lots shall conform to the standards of Section

2.312. (5/98) E. Signs: Signs shall conform to the requirements of Section 2.308. (5/98) F. Accessory Structures: Accessory structures shall conform to requirements

in Section 2.313. (5/98)


DRAFT G. Landscaping: A minimum of 25% of the property shall be landscaped,


H. Lot Coverage: The maximum coverage allowed for buildings, accessory

structures and paved parking shall be 75%(5/98) I. Density: Subdivisions and multi-family development within the RL zone shall

comply with the following density requirements:

1. For property designated Medium Density in the Comprehensive Plan, the minimum density shall be 6 units per acre; the maximum density shall be 10 units per acre. (5/98)

2. For property designated Medium-High Density in the Comprehensive

Plan, the minimum density shall be 8 units per acre; the maximum density shall be 14 units per acre. (5/98)


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2 . 1 04 M EDI UM D E NSI TY R ESI D E N TI AL ( RM )

2.104.01 Purpose The RM (MEDIUM DENSITY RESIDENTIAL) zone is primarily intended for multiple family development on a parcel, or attached dwellings on separate lots, at medium residential densities. Other uses compatible with residential development are also appropriate. RM zones are located in areas designated Medium and High Density Residential in the Comprehensive Plan. They are suited to locations near commercial areas and along collector and arterial streets where limited access is necessary so that traffic is not required to travel on local streets through lower density residential areas. (5/98)

2.104.02 Permitted Uses The following uses, when developed under the applicable development standards in the Ordinance, are permitted in the RM zone: A. Detached single family dwelling on a lot. (5/98) B. Residential homes and facilities. (5/98) C. Buildings with two or more dwelling units. (5/98) D. Combination of permitted attached or detached dwellings on a lot. (5/98)

E. Child day care service, including f Family day care provider, for 12 16 or fewer

children consistent with state regulations. (5/98) F. Public or private utility substation, but excluding communication towers and

electrical substations. (5/98) G. Child foster home for five or fewer children.(6/99)

2.104.03 Special Permitted Uses The following uses, when developed under the applicable development standards in the Ordinance and special development requirements, are permitted in the RM zone: A. Partitions, subject to the provisions in Section 2.310. (5/98) B. Subdivision, subject to the provisions in Section 2.310. (5/98) C. Planned unit development, subject to the provisions in Section 2.311. (5/98)

Keizer Development Code - May 1998 (Revised 10/15) 2.104 MEDIUM DENSITY RESIDENTIAL (RM)1

DRAFT D. Accessory structures and uses prescribed in Section 2.203.02. (5/98)

E. Transit Facilities (Section 2.305). (Ordinance No. is 2009-586, 5/09) F. The following special uses subject to the applicable standards in Section 2.4:

1. Shared housing facilities (Section 2.403). (5/98) 2. Zero side yard dwelling units (Section 2.404). (5/98) 3. Home occupations (Section 2.407). (5/98) 4. Bed and breakfast establishments (Section 2.408). (5/98) 5. Residential sales offices (Section 2.409). (5/98) 6. Public golf course (7992) or membership recreation club having golf

course (7997) (Section 2.410). (5/98) 7. House of Worship (Section 2.423). (5/98) 8. Boat and RV storage area (Section 2.411). (5/98) 9. Manufactured home parks (Section 2.405). (5/98) 10. Manufactured homes on individual lots (Section 2.402) (5/98) 11. Accessory commercial uses (Section 2.416). (5/98) 12. Recreational vehicle storage space (Section 2.413). (5/98) 13. Electrical substation (Section 2.426). (5/98) 14. Wireless Telecommunications Facilities (Section 2.427) (5/98) 15. Cottage Cluster Development without the creation of any new lot

(Section 2.432) (6/14)

2.104.04 Conditional Uses The following uses may be permitted subject to obtaining a conditional use permit: A. Schools (8211) (Section 2.424). (5/98)


DRAFT B. Public parks, playgrounds, community clubs including swimming, tennis

and similar recreational facilities, and other public and semi-public uses. (5/98) C. Child d Day care facility services for 13 17 or more children consistent

with state regulations. (5/98)

D. Civic, social and fraternal organizations (864). (5/98)

E. Rooming and boarding houses (702). (5/98)

F. Water supply (494). (5/98)

G. Child foster home for six, seven or eight children, provided such home:


2. Be located on a lot of no less than 16,000 square feet;

3. The lot shall be located on an arterial or major collector street;

4. Shall be no less than 2,400 square feet in size, excluding attached garages, carports, patios, and all unfinished space;


6. Shall have usable paved off-street parking for no less than 6 vehicles, plus one additional usable off-street paved parking space is to be provided for each foster child that owns or is the principal driver of any vehicle;

7. At least on half of the lot area (no less than 8,000 square feet) shall consist of open space, grass and landscaping, including landscaping area at least 8 feet wide for permanent visual screening along the sides and back of the property. (which landscaping along sides and back of the property shall be designed for a minimum height of no less than 6 feet after five years) Decks, patios, paved areas, and parking areas, (paved or unpaved) shall not be included when calculating the amount of required open space, grass and landscaping.

8. Is not located within one-half (1/2) mile of another child foster home of six to eight children, as measured between the closest lot lines of the existing child foster home and the proposed child foster home.


H. Transit Station (Section 2.429). (5/09)


DRAFT I. Residential Care Facilities for more than 15 residents or uses noted in SIC

805 (Nursing and Personal Care Facilities) (Section 2.431) (6/11)

J. Cottage Cluster Development with the creation of new lots (Section 2.432). (6/14)


DIMENSION Single Family Duplex Multi-Family Non- Residential

Lot Size 4,000 sq. ft. (1)(2)

6,000 sq. ft. 9,000 sq. ft. (3) (4)

Average Width 40 feet 50 feet 50 feet None

Average Depth 70 feet 80 feet 80 feet None

Maximum Height

35 feet 35 feet 35 feet (5)

(1) Newly created lots or parcels less than 5000 square feet in area shall be

limited to zero lot line dwellings (2.404). (5/98) (2) A single family dwelling attached on one side has a minimum lot area of






SETBACKS

Single Family Duplex Multi-Family Non- Residential

Front 10 feet (5) 10 feet (5) 10 feet 20 feet

Side (1) 5 feet 10 feet 10 feet

Rear (2) (2) (2) 20 feet



DRAFT

Garage entrance (4)



2.404. (5/98) (2) The rear yard setback shall be as follows: 14 feet for a 1-story single family

home, duplex, or multi-family building; 20 feet for a 2-story single family home, duplex, or multi-family building. Setbacks are to be measured from the architectural rear of the building regardless of the building’s orientation to exterior property lines. (06/07)




2.104.06 Development Standards All development in the RM Zone shall comply with the applicable provisions of this Ordinance. The following includes referenced items as well as additional development requirements: A. Off Street Parking: Parking shall be as specified in Section 2.303. (5/98) B. Design Standards - Unless specifically modified by provisions in this

Section, buildings located within the RM zone shall comply with the following standards: (5/98)


Section 2.314. (5/98)

2. Residential structures with four or more attached dwelling units, including Cottage Cluster Development, and non-residential structures shall comply with the provisions in Section 2.315 - Development Standards. (6/14)

C. Subdivisions and Partitions: Land divisions shall be reviewed in

accordance with the provisions of Section 2.310. (5/98)


DRAFT D. Yards and Lots: Yards and lots shall conform to the standards of Section

2.312. (5/98) E. Signs: Signs shall conform to the requirements of Section 2.308. (5/98) F. Accessory Structures: Accessory structures shall conform to requirements

in Section 2.313. (5/98) G. Landscaping: A minimum of 25% of the property shall be landscaped,



structures and paved parking shall be 75%. (5/98) I. Density: Subdivisions and multi-family development within the RM zone

shall comply with the following density requirements:

1. For property designated Medium Density in the Comprehensive Plan, the minimum density shall be 6 units per acre; the maximum density shall be 10 units per acre. (5/98)

2. For property designated Medium-High Density in the Comprehensive

Plan, the minimum density shall be 8 units per acre; the maximum density shall be 22 units per acre. (5/98)


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2 . 1 05 H I G H D E NSI TY R ESI D E N TI AL ( R H )

2.105.01 Purpose

The RH (HIGH DENSITY RESIDENTIAL) zone is specifically intended for multiple family dwellings on a parcel at high residential densities. Other uses compatible with residential development are also appropriate. RH zones are located in areas designated Medium and High Density Residential in the Comprehensive Plan and will generally have direct access to a collector or arterial street. RH zoned land is also suited to locations adjacent to commercial or industrial uses and is generally buffered from, or not located adjacent to, single-family residential areas. (5/98)

2.105.02 Permitted Uses

The following uses, when developed under the applicable development standards in this Zoning Ordinance, are permitted in the RH zone:

A. Any combination of dwellings, attached or detached. (5/98)

B. Residential homes and facilities. (5/98)

C. Child day care service, including f Family day care provider, for 12 16 or fewer children consistent with state regulations. (5/98)

D. Public or private utility substation, but excluding communication towers and electrical substations. (5/98)

E. Child foster home for five or fewer children.(6/99)

2.105.03 Special Permitted Uses

The following uses, when developed under the applicable development standards in the Ordinance and special development requirements, are permitted in the RM zone:

A. Partitions, subject to the provisions in Section 2.310. (5/98)

B. Subdivision, subject to the provisions in Section 2.310. (5/98)

C. Planned unit development, subject to the provisions in Section 2.311. (5/98)

D. Accessory structures and uses prescribed in Section 2.203.02. (5/98)

E. The following special uses subject to the applicable standards in Section 2.4:

1. Zero side yard dwelling units (Section 2.404). (5/98)

DRAFT

2. Home occupations (Section 2.407). (5/98)

3. Bed and breakfast establishments (Section 2.408). (5/98)4. Residential sales offices (Section 2.409). (5/98)

5. Public golf course (7992) or membership recreation club having golf course (7997) (Section 2.410). (5/98)

6. Boat and RV storage area (Section 2.411). (5/98)

7. House of Worship (Section 2.423). (5/98)

8. Manufactured homes on individual lots (Section 2.402) (5/98)

9. Accessory commercial uses (Section 2.416). (5/98)

10. Recreational vehicle storage space (Section 2.413). (5/98)

11. Electrical substation (Section 2.426). (5/98)

12. Wireless Telecommunications Facilities (Section 2.427) (5/98)

13. Cottage Cluster Development without the creation of any new lots (Section 2.432). (6/14)

2.105.04 Conditional Uses

The following uses may be permitted subject to obtaining a conditional use permit:

A. Schools (8211) (Section 2.424). (5/98)

B. Public parks, playgrounds, community clubs including swimming, tennis and similar recreational facilities, and other public and semi-public uses. (5/98)

C. Child d Day care facility services for 13 17 or more children consistent with state regulations. (5/98)

D. Civic, social and fraternal organizations (864). (5/98)

E. Rooming and boarding houses (702). (5/98)

F. Water supply (494). (5/98)

G. Child foster home for six, seven or eight children, providing such home:


DRAFT

2. Be located on a lot of no less than 16,000 square feet; The lot shall be located on an arterial or major collector street;

3. Shall be no less than 2,400 square feet in size, excluding attached garages, carports, patios, and all unfinished space;


5. Shall have usable paved off-street parking for no less than 6 vehicles, plus one additional usable off-street paved parking space is to be provided for each foster child that owns or is the principal driver of any vehicle;

6. At least on half of the lot area (no less than 8,000 square feet) shall consist of open space, grass and landscaping, including landscaping area at least 8 feet wide for permanent visual screening along the sides and back of the property. (which landscaping along sides and back of the property shall be designed for a minimum height of no less than 6 feet after five years) Decks, patios, paved areas, and parking areas, (paved or unpaved) shall not be included when calculating the amount of required open space, grass and landscaping.

7. Is not located within one-half (1/2) mile of another child foster home of six to eight children, as measured between the closest lot lines of the existing child foster home and the proposed child foster home.


H. Cottage Cluster Development with the creation of new lots (Section 2.432). (6/14)

DRAFT 2.105.05 Dimensional Standards

A. Minimum Lot Dimension and Height Requirements

DIMENSION Residential Non-

Residential

Lot Size 6,000 sq. ft. (1) (2)

Average Width 50 feet None

Average Depth 80 feet None

Maximum Height

(3) (3)



(3) No limit - Required setbacks shall increase 1 foot for every foot the height exceeds 50 feet. (5/98)


SETBACKS Residential Non- Residential

Front 10 feet 20 feet

Side 10 feet 10 feet

Rear (1) 20 feet

Street-side (2) 10 feet 20 feet

Garage entrance (3)

20 feet (3) 20 feet (3)

(1) The rear yard setback shall be as follows: 14 feet for a story building, and 20 feet for a two story building. Setbacks are to

DRAFT

be measured from the architectural rear of the building regardless of the building orientation to the property lines. (06/07)



2.105.06 Development Standards

All development in the RH Zone shall comply with the applicable provisions of this Ordinance. The following includes referenced items as well as additional development requirements:

A. Off Street Parking: Parking shall be as specified in Section 2.303. (5/98)

B. Design Standards - Unless specifically modified by provisions in this Section, buildings located within the RH zone shall comply with the following standards: (5/98)

1. Single family homes shall comply with the design standards in Section 2.314. (5/98)

2. Residential structures with four or more attached dwelling units, including cottage cluster development, and non-residential structures shall comply with the provisions in Section 2.315 - Development Standards. (6/14)

C. Subdivisions and Partitions: Land divisions shall be reviewed in accordance with the provisions of Section 2.310. (5/98)

D. Yards and Lots: Yards and lots shall conform to the standards of Section 2.312. (5/98)

E. Signs: Signs shall conform to the requirements of Section 2.308. (5/98)

F. Accessory Structures: Accessory structures shall conform to requirements in Section 2.313. (5/98)

G. Landscaping: A minimum of 25% of the property shall be landscaped, including all required yards. Landscaped areas shall be landscaped as provided in Section 2.309. (5/98)

DRAFT H. Lot Coverage: The maximum coverage allowed for buildings, accessory

structures and paved parking shall be 75% (5/98)

I. Density: The minimum development density shall be 16 units per acre; there shall be no maximum density. (5/98)

2 . 1 06 R E SI DE N TI AL C OM M ER CI AL ( R C )

2.106.01 Purpose The purpose of the Residential Commercial (RC) zone is to provide commercial goods and services specifically designed to serve residential neighborhoods. Suitable businesses include low intensity retail commercial and service activities, and, professional and commercial offices. The Residential Commercial zone is appropriate in those areas designated Low Density Residential, Medium Density Residential and Medium-High Density Residential in the Comprehensive Plan. (5/98)

2.106.02 Permitted Uses The following uses, when developed under the applicable development standards in this Zoning Ordinance, are permitted in the RC zone: A. One dwelling per each business use on the lot or parcel. (5/98) B. Landscape counseling and planning (0781). (5/98) C. Child day care service Day care facility. (5/98) D. Travel agency (4722). (5/98) E. Retail Trade. (5/98)

1. Hardware stores (52). (5/98) 2. General merchandise stores (53). (5/98) 3. Food stores (54) provided there is no processing or sale of live

animals, AND EXCLUDING freezer and locker meat provisioners. (5/98)

4. Eating and drinking places (58), BUT EXCLUDING drive-in or

drive-through facilities. The establishment may serve alcohol as a secondary use. (5/98)

5. News dealers and newsstands (5994). (5/98)

F. Business, Professional and Social Services. (5/98)

1. Watch, clock, and jewelry repair (763). (5/98) 2. Laundries and dry cleaning (7212, 7215). (5/98) 3. Photography studios (7221). (5/98)

Keizer Development Code - May 1998 (Revised 06/07) 2.106 RESIDENTIAL COMMERCIAL (RC)1

4. Beauty and barber shops (7231, 7241) (5/98) 5. Shoe repair (7251). (5/98) 6. Stenographic services and reproduction services, not elsewhere

classified (SIC 7339). (5/98) 7. Computer and data processing services (SIC 737). (5/98) 8. Health services (80) except hospitals (806). (5/98) 9. Legal services (81) (5/98) 10. Accounting, bookkeeping (893) 11. Pet Grooming (6/01)

2.106.03 Special Permitted Uses The following uses, when developed under the applicable development standards in the Ordinance and special development requirements, are permitted in the RC zone: A. Partitions, subject to the provisions in Section 2.310. (5/98) B. The following special uses subject to standards in Section 2.4:

1. Bed and breakfast establishments (Section 2.408). (5/98)

2. Accessory structures and uses prescribed in Section 2.203.02. (5/98)

2.106.04 Dimensional Standards A. Minimum Lot Dimension, Building Dimension and Height Requirements

LOT SIZE 6,000 sq. ft. minimum; 20,000 sq. ft. maximum

AVERAGE WIDTH 50 feet minimum

AVERAGE DEPTH 80 feet minimum

BUILDING AREA A maximum of 50% of the lot area

BUILDING HEIGHT 35 feet maximum (1)



SETBACKS Single Family or Duplex

Multi-Family Commercial Industrial

Front 5 feet 5 feet 5 feet 5 feet

Side 5 feet 10 feet 10 feet 10 feet

Rear (1) (1) (1) (1)

Street-side 5 feet 5 feet 5 feet 5 feet

Garage entrance (2)

20 feet 20 feet 20 feet 20 feet

(1) The rear yard setback shall be as follows: 14 feet for a one story

building and 20 feet for a two story building. (06/07) (2) The garage entrance setback shall be measured from the property

line or edge of private access easement to the entrance of the garage. The centerline of the driveway shall be measured if the driveway to the garage entrance is not perpendicular to the property line or private access easement. In no case shall a garage be set back less than the minimum front, side, and rear setbacks. (5/98)

2.106.05 Development Standards All development in the RC Zone shall comply with the applicable provisions of this Ordinance. The following includes referenced items as well as additional development requirements: A. Off Street Parking and Loading. A minimum of two parking spaces per

dwelling unit; plus, the greater of one parking space per 1,000 square feet of building area or 2 spaces. Parking may not be located within any required yard area. There are no loading space requirements. (5/98)

B. Design Standards - Unless specifically modified by provisions in this

Section, buildings located within the RC zone shall comply with the following standards: (5/98)


Section 2.314. (5/98)

2. Residential structures with four or more attached dwelling units and non-residential structures shall comply with the provisions in Section 2.315 - Development Standards. (5/98)


C. Partitions. Land divisions shall be reviewed in accordance with the provisions of Section 2.310. (5/98)

D. Yards and Lots. Yards and lots shall conform to the standards of Section

2.312. (5/98) E. Signs. Signs shall conform to the requirements of Section 2.308. (5/98) F. Accessory Structures. Accessory structures as provided for in Section

2.313. For the purposes of this section, development within the RC zone shall be considered non-residential. (5/98)

G. Landscaping: A minimum of 20% of the property shall be landscaped,



structures and paved parking shall be 80%. (5/98) I. Yards Adjacent to Residential Uses. A six foot sight-obscuring fence, wall

or hedge shall screen yards adjacent to residentially zoned or used lot. (5/98) J. Hours of operation: Businesses within the RC zone shall not open for

business earlier than 7:00 am and shall close no later than 11:00 PM. (5/98) K. Outdoor storage: The outdoor storage of materials, equipment or products

shall be prohibited. (5/98) L. Architectural: All buildings shall be designed with a residential architectural

character including using only wood or masonry siding, having a pitched roof with shake, shingle, or tile roofing material, having no more than 25% of the total wall area in windows, and having main and trim colors conforming to the allowable colors for main color in the CM zone. (5/98)

2.106.06 RC Zone Location Requirements A. RC zoned property shall either be located on a collector or arterial street, or,

be within 300 feet of a collector or arterial street. (5/98) B. RC zoned property shall not be located adjacent to MU, CM, CG or

industrially zoned property. (5/98) C. Except at a public street intersection, no RC zoned parcel can be located

within 1000 feet of another parcel zoned RC. This requirement does not apply to the partitioning of an RC zoned parcel. (5/98)


2 . 1 07 M I XE D US E (M U )

2.107.01 Purpose

The Mixed Use (MU) zone promotes development that combines differing uses (permitted or special permitted) in a single building or complex. This zone will allow increased development on busier streets without fostering a strip commercial appearance. The zone encourages the formation of neighborhood "nodes" of activity where residential and commercial uses mix in a harmonious manner. This development type will support transit use, provide a buffer between busy streets and residential neighborhoods, and provide new housing opportunities in the City. (4/08)

The Mixed Use zone is intended to include a variety of uses identified in this section in relative close proximity to each other as compared to a traditional zone district in which differing uses are segregated. Vertical mixed use is a building in which significant amounts of differing uses are located in the same building with different uses on different floors. While mixed use development is primarily intended to consist of retail or other businesses on the ground floor with housing or office uses on upper stories it is not required that every building within a mixed use area is developed with different uses within it. Clusters of residential and commercial uses around landscaping features or parking areas will also occur. Development is intended to be pedestrian-oriented with buildings close to and oriented to the sidewalk. Parking may be shared between residential and commercial uses. (4/08)

The Mixed Use zone is suitable for the Medium Density Residential, Medium-High Density Residential and Mixed Use Comprehensive Plan designations. (5/98)

2.107.02 Permitted Uses

The following uses, when developed under the applicable development standards in the Zoning Ordinance, are permitted in the MU zone:

A. One or more buildings with one or more dwelling units or guest rooms on a lot. (5/98)

B. One or more buildings with one or more dwelling units or guest rooms and one or more other uses allowed in this section on a lot. (5/98)

C. Residential homes and facilities. (5/98)

D. Child day care service Day care facility, including Family day care provider. (5/98)

E. Public parks, playgrounds, community clubs including swimming, tennis and similar recreational facilities, and other public and semi-public uses. (5/98)

Keizer Development Code - May 1998 (Revised 10/15) 2.107 MIXED USE (MU)1

F. Public or private utility substation, but excluding electrical substation. (5/98)

G. Landscape counseling and planning (078). (5/98)

H. Transportation, Utilities and Communication. (5/98)

1. Travel agency (4722). (5/98)

2. Communication (48) BUT EXCLUDING communication services, not elsewhere classified (489). (5/98)

3. Public utility structures and buildings. (5/98)

4. Transit Facilities (Section 2.305). (Ordinance No. is 2009-586, 5/09)

I. Retail Trade:

Except as allowed under Section 2.107.05.B, the following retail uses shall be limited to buildings of 10,000 square feet or less:

1. General merchandise stores (53). (04/08)

2. Food stores (54). (04/08)

3. Apparel and accessory stores (56). (04/08)

4. Home furnishing, appliance and equipment stores (57). (04/08)

5. Eating and drinking places (58). (04/08)

6. Retail, (59) BUT EXCLUDING non-store retailers (596) and fuel and ice dealers (598). (04/08)

7. Uses listed in 2.107.02.I. through 7 if developed in a vertical mixed use development shall not be considered as a specified use in 2.107.05.E. (10/15)

J. Business, Professional and Social Services: The following business and professional and service oriented uses are allowed:

1. Finance, insurance and real estate (60, 61, 62, 63, 64, 65, 67). (5/98)

2. Hotels, motels and lodging facilities (701). (5/98)

3. Personal services (72) BUT EXCLUDING: power laundries, family and commercial (7211), linen supply (7213), dry cleaning plants, except rug cleaning (7216), carpet and upholstery cleaning (7217); and industrial launders (7218). (5/98)

2 MIXED USES (MU) 2.107 Keizer Development Code – May 1998 (Revised 10/15)

4. Business services (73) BUT EXCLUDING disinfecting and exterminating services (7342), building and cleaning services (7349), and equipment rental (735). (5/98)

5. Watch, clock and jewelry repair (763). (5/98)

6. Recreational or athletic clubs. (5/98)

7. Health services (80) BUT EXCLUDING hospitals (806). (5/98)

8. Legal services (81). (5/98)

9. Miscellaneous services (89). (5/98)

10. Community or neighborhood clubs. (5/98)

11. Parking lots. (5/98)

12. Pet Grooming (6/01)

13. Veterinary Services (Section 2.414) (6/15)

K. Public administration (91 - 97). (5/98)

2.107.03 Special Permitted Uses

The following uses, when developed under the applicable development standards in the Ordinance and special development requirements, are permitted in the MU zone:

A. Partitions, subject to the provisions in Section 2.310. (5/98)

B. Subdivision, subject to the provisions in Section 2.310. (5/98)

C. Planned unit development, subject to the provisions in Section 2.311. (5/98)

D. Accessory structures and uses prescribed in Section 2.203.02. (5/98)

E. The following special uses subject to the applicable standards in Section 2.4:

1. Shared housing facilities (Section 2.403). (5/98)

2. Zero side yard dwelling units (Section 2.404). (5/98)

3. Home occupations (Section 2.407). (5/98)

4. Bed and breakfast establishments (Section 2.408). (5/98)

5. Residential sales offices (Section 2.409). (5/98)


6. Public golf course (SIC 7992) or membership recreation club having golf course (SIC 7997) (Section 2.410). (5/98)

7. Boat and RV storage area (Section 2.411). (5/98)

8. House of Worship (Section 2.423). (5/98)

9. Recreational vehicle storage space (Section 2.413). (5/98)

10. Electrical substations (Section 2.426). (5/98)

11. Wireless Telecommunications Facilities (Section 2.427). (5/98)

12. Cottage Cluster Development without the creation of any new lots (Section 2.432). (6/14)

2.107.04 Conditional Uses

The following uses may be permitted subject to obtaining a conditional use permit:

A. Craft Industries, subject to the provisions in Section 2.421. (5/98)

B. Transit Station (Section 2.429). (5/09)

C. Cottage Cluster Development with the creation of new lots (Section 2.432). (6/14)

2.107.05 Use Restrictions

A. The following uses are not permitted: (04/08)

1. Farm Use. (5/98)

2. The rendering, processing, or cleaning of animals, fish, seafoods, fowl, poultry, fruits, vegetables, or dairy products for wholesale use. (5/98)

3. Any outdoor display or storage of merchandise or materials unless consistent with Section 2.107.05.B.7. (04/08)

4. Camping or over-night in parking lots. (04/08)

B. Retail uses as set forth in Section 2.107.02(I) are limited to buildings not exceeding 10,000square feet of gross leasable area except as provided herein. Such retail uses over 10,000 square feet may be permitted as allowed in an approved master plan subject to meeting the following requirements: (04/08)


1. In addition to the requirements in Section 2.309 (Site and Landscaping Design), provide increased screening and buffering when any portion of the building is located adjacent (as defined in Section 1.200) to existing or planned residential areas so as to adequately screen the building. (04/08)

2. In addition to the requirements in Section 2.107.06(B), provide increased building setbacks when any portion of the building is located adjacent (as defined in Section 1.200) to existing or planned residential areas. (04/08)

3. In addition to the requirements in Section 2.315.06, provide increased architectural features such as the use of three differing materials, color, textures, on building facades that are visible from a public street so as to minimize the effect of large blank walls. The elevations of all buildings shall be varied in textures, and material and shall incorporate human scale design elements. Elevations of all buildings shall incorporate no more than fifteen feet between varied vertical elements such as materials, patterns and textures, architectural features such as columns, projections, and differing planes shall be used liberally with no greater than 22 feet between such features. Materials shall be varied at the same frequency as the architectural elements. These materials shall incorporate cultured stone, split face Concrete mortar units (CMU’s), as well as smooth faced CMU walls. (10/15)

4. Include architectural features that reflect those of the remainder of the building around any outdoor garden / nursery area to include such things as hard walls, windows and awnings. (04/08)

5. Limit any outdoor display or storage of merchandise to the area adjacent to the building. (04/08)

6. Direct lighting to avoid causing glare onto adjacent properties and be generally low in height, light sources shall not be visible beyond development boundaries. (04/08)

7. Provide mitigation measures that address adverse traffic and livability impacts in the surrounding neighborhood. This will include such things as enclosing all service equipment and service areas and any other issues identified in a master plan or traffic impact analysis. (04/08)

8. Drive-thru businesses shall have the drive-thru oriented away from both existing and planned residential areas. (04/08)


C. A retail building of the type described in Section 2.107.02(I) is allowed to exceed the 10,000 square foot limit subject to Master Plan approval and compliance with all requirements of this Chapter. (04/08)

D. Larger Format Stores.

1. Retail buildings of the type described in Section 2.107.02(I) that exceed 10,000 square feet (“Larger Format Stores”) require the development of non-retail/non-single family home uses in the Master Plan area that have a total square footage of at least 25% of the gross leasable area of the Larger Format Store. As used herein, “non-retail” shall mean uses other than those listed in Section 2.107.02(I). (04/08)

2. Larger Format Stores in excess of 80,000 square feet of the type described in Section 2.107.02(I) shall meet the requirement set forth in Subsection D(1) above. In addition to such requirement, for each square foot of vertical mixed use development in the Master Plan area, the Larger Format Store can be increased above 80,000 square feet by an equivalent amount. The mixed use square footage requirements of Subsection D(1) and this Subsection cannot be combined. (04/08)

3. The development required in Subsections D(1) and D(2) above shall take place in the same Master Plan area. The approved Master Plan shall be conditioned to require such development to be constructed before or concurrently with the Larger Format Store. (04/08)

E. A limitation of the total floor area for specified uses applies to all of Area C – Keizer Station Center of the Keizer Station Plan. A maximum total floor area shall apply to the uses identified in Section 2.107.02(I). This maximum floor area is set forth in the Keizer Station Plan, however this maximum floor area may change as part of an approved master plan or amended master plan. (06/10)

F. Proposals to develop properties within Area C of the Keizer Station shall comply with Master Plan requirements outlined in Section 3.113, and also with requirements specified in 2.107.05.G.1 through 6 below. (04/08)

G. Proposals to develop properties outside of Area C of the Keizer Station shall require approval of a Master Plan and compliance with the following: (04/08)

1. Pedestrian Access, Safety and Comfort (04/08)


a. To ensure safe, direct, and convenient pedestrian circulation, development shall provide a continuous pedestrian and/or multi-use path system. (04/08)

b. The pathway system shall extend throughout the development site, and connect to all future phases of development, adjacent trails, public parks and open space areas wherever possible. (04/08)

c. Pathways with developments shall provide safe, reasonably direct and convenient connections between primary building entrances and all adjacent streets and parking areas. (04/08)

d. For all developments subject to Master Plan review, pathways shall connect all building entrances to one another. In addition, pathways shall connect all parking areas, storage areas, recreational facilities and common areas (as applicable), and adjacent developments to the site, as applicable. (04/08)

e. Recessed entries, canopies, and/or similar features shall be used at the entries to a building in order to create a pedestrian scale. (04/08)

f. The proposal contains an equally good or superior way to achieve the intent of the above criterion and guidelines. (04/08)

2. Vehicular Movement (04/08)

a. Encourage traffic to enter and exit the development at locations in a safe manner. (04/08)

3. Crime Prevention and Security (04/08)

Crime prevention shall be considered in the site design through application of all of the following guidelines: (04/08)

a. Territoriality – All proposed building entrances, parking areas, pathways and other elements are defined with appropriate features that express ownership. For example, landscaping, fences, pavement treatments, art and signs are some physical ways to express ownership through design. Such features should not conflict with the need for natural surveillance, as described in b.; and (04/08)

b. Natural Surveillance – The proposed site layout, building and landscape design promote natural surveillance. Physical


features and activities should be oriented and designed in ways that maximize the ability to see throughout the site. For example, window placement, the use of front porches or stoops, use of low or see-through walls, and appropriate use of landscaping and lighting can promote natural surveillance. Sight-obscuring shrubs and walls should be avoided, except as necessary for buffering between commercial uses and lower density residential districts, and then shall be minimized; and (04/08)

c. Activity Support – The proposed site layout and building design encourage legitimate activity in public spaces. For example, locating outdoor seating in areas that are visible from inside a restaurant helps to discourage crime and supports the activity of dining; and (04/08)

d. Access Control – By properly siting and designing entrances and exits (i.e., in clear view from the store), and through the appropriate use of lighting, signs and/or other features, the proposed plan controls access in ways that discourage crime; and/or (04/08)

e. The proposal contains an equally good or superior way to achieve the intent of the above criterion and guidelines. (04/08)

4. Reduced Parking (04/08)

Reduce or waive minimum off-street parking standards. The applicant may request a reduction to or waiver of parking standards based on a parking impact study. The study allows the applicant to propose a reduced parking standard based on estimated peak use, reductions due to easy pedestrian accessibility; availability of transit service, and likelihood of car pool use; and adjacent on-street parking. The parking study is subject to review and approval or modification by the City. (04/08)

5. Creating and Protecting Public Spaces (04/08)

a. The development provides an appropriate amount of public space as determined by the City Council in addition to sidewalks and landscaping. (04/08)

b. Public space may be a landscaped open space or plaza with pedestrian amenities, as approved by the City Council. (04/08)


6. Human Scaled Building Design (04/08)

Building facades are designed to a human-scale, for aesthetic appeal, pedestrian comfort, and design character of a development. The City Council may determine architectural character, continuity of building sizes, roof forms, rhythm of window and door spaces and the general relationship of buildings to public spaces such as street, plazas, other open space and public parking. (04/08)

The proposal contains an equally good or superior way to achieve the intent of the above criterion and guidelines. (04/08)

In addition, the provisions within Section 3.113.05 apply.

2.107.06 Dimensional Standards

A. Minimum Lot Dimension and Height Requirements

DIMENSION Single Family Duplex or Multi-Family

Commercial Mixed Use

Lot Size 4,000 sq. ft. (1) 6,000 sq. ft. (2)

None (3) None (3)

Average Width 40 feet 50 feet None None

Average Depth 70 feet 80 feet None None

Maximum Height

35 feet 50 feet 50 feet 50 feet(4)

(1) A single family dwelling attached on one side has a minimum lot area of 3500 square feet, and a single family dwelling attached on both sides has a minimum lot area of 3000 square feet. (5/98)

(2) Multi-family development must comply with the density standard in Section 2.107.07.I (06/07)


(4) Height of vertical mixed use development may exceed this limitation without a concurrent variance and maximum height will be determined during master plan process. (04/08)



SETBACKS (5)

Single Family or Duplex

Multi-Family Commercial Mixed Use

Front 10 feet (7) 10 feet (1) 10 feet (1) 10 feet (1)

Side 5 feet (2) 10 feet (4) (4)

Rear (3) (3) (4) (4)

Street-side 10 feet 10 feet 10 feet 10 feet

Garage entrance (6)


(1) For all MU zoned property fronting Cherry Avenue south of Manbrin Drive the minimum setback shall be 5 feet and the maximum shall be 10 feet for yards adjacent to Cherry Avenue. The maximum setback shall apply to the primary wall of the building. Indentations in the primary wall, such as alcoves, courtyards, etc. have no maximum setback. (5/98)

(2) Zero side yard dwelling units are subject to the setback provisions in Section 2.404. (5/98)

(3) The rear yard setback shall be as follows: 14 feet for a 1-story single family home, duplex, or multi-family building; 20 feet for a 2-story single family home, duplex, or multi-family building. Setbacks are to be measured from the architectural rear of the building regardless of the building’s orientation to the property lines. (06/07)

(4) The rear and side yard setbacks adjacent to a residential zone shall be no less than the minimum rear yard setback of the zone on the adjacent property. In no case shall the setback be less than 10 feet, except there is no required setback adjacent to a non-residential zone. (5/98)






All development in the MU Zone shall comply with the applicable provisions of this Ordinance. The following includes referenced items as well as additional development requirements:

A. Off Street Parking: Parking shall be as specified in Section 2.303. (5/98)

B. Design Standards - Unless specifically modified by provisions in this Section, buildings located within the MU zone shall comply with the following standards: (5/98)

1. Single family homes shall comply with the design standards in Section 2.314. (5/98)

2. Residential structures with four or more attached dwelling units’ including Cottage Cluster Developments), and non-residential structures shall comply with the provisions in Section 2.315 - Development Standards. (6/14)

3. For MU zoned property fronting Cherry Avenue south of Manbrin Drive; residential use shall occupy no less than 35% and no more than 65% of the building floor area on any property. (5/98)

C. Subdivisions and Partitions: Land divisions shall be reviewed in accordance with the provisions of Section 2.310. (5/98)

D. Yards and Lots: Yards and lots shall conform to the standards of Section 2.312. (5/98)

E. Signs: Signs shall conform to the requirements of Section 2.308. (5/98)

F. Accessory Structures: Accessory structures shall conform to requirements in Section 2.313. (5/98)

G. Landscaping: All required yards shall be landscaped. Landscaped areas shall be landscaped as provided in Section 2.309. The minimum landscaped area requirements shall be as follows: (5/98)

Commercial development: 15% Mixed commercial and residential development: 20% Residential development: 25%


H. Lot Coverage: The maximum coverage allowed for buildings, accessory structures and paved parking shall be as follows: (5/98)


I. Density:

1. For property zoned MU as identified in the Keizer Station Plan, the minimum density for subdivisions, partitions, multi-family or any residential development shall be a minimum 8 units per acre and a maximum 24 units per acre, except there shall be no minimum residential density requirement for multi-family development within a mixed use building. (12/03)

The minimum density for multi-family development shall be 8 units per acre; the maximum density shall be 24 units per acre, except there shall be no minimum residential density requirement for multi-family development within a mixed use building. (05/98)


2 . 1 08 C OM M ER CI AL O F FI C E ( C O)

2.108.01 Purpose The purpose of the CO (Commercial Office) zone is to provide areas suitable for professional and general commercial offices, membership organizations, similar low intensity, non-retail commercial activities and medium and high density residential accommodations. The Commercial Office zone is appropriate in those areas designated Commercial in the Comprehensive Plan where the location calls for limited traffic generation, and no increase in traffic except during normal business hours; or, commercial uses with low-intensity activity. (5/98)

2.108.02 Permitted Uses The following uses, when developed under the applicable development standards in this Zoning Ordinance, are permitted in the CO zone: A. One or more buildings with one or more dwelling units or guest rooms on a

lot except as provided in (44) (b). (5/98) B. Rooming and boarding houses (SIC 702). (5/98) C. Organization hotels and lodging houses on membership basis (SIC 704). (5/98) D. Landscape counseling and planning (SIC 0781). (5/98) E. Travel agency (SIC 4722). (5/98) F. Telephone/telegraph communication and radio and television

broadcasting (SIC 481, 482, 483). (5/98) G. Water supply (SIC 494). (5/98) H. News dealers and newsstands (SIC 5994). (5/98) I. Finance, insurance and real estate (SIC 60, 61, 62, 63, 64, 65, 66, 67). (5/98) J. Beauty and barber shops (SIC 723, 724). (5/98) K. Consumer-credit reporting agencies, mercantile reporting agencies and

adjustment and collection agencies (SIC 732). (5/98) L. Direct mail advertising services (SIC 7331). (5/98) M. Stenographic services and reproduction services, not elsewhere classified

(SIC 7339). (5/98) O. News syndicates (SIC 735). (5/98)

Keizer Development Code - May 1998 (Revised 1/16) 2.108 COMMERCIAL OFFICE (CO)1

P. Personnel supply services (SIC 736). (5/98) Q. Computer and data processing services (SIC 737). (5/98) R. Management, consulting and public relations (SIC 7392). (5/98) S. Detective agencies and protective services (SIC 7393). (5/98) T. Commercial testing laboratories (SIC 7397). (5/98) U. Parking lots (SIC 7523). (5/98) V. Health services (SIC 80) except hospitals (SIC 806) and nursing and personal

care facilities (SIC 805). (5/98) W. Legal services (SIC 81). (5/98) X. Correspondence schools and vocational schools (SIC 824). (5/98) Z. Schools and educational services, not elsewhere classified (SIC 829). (5/98) AA. Individual and family services (SIC 832). (5/98) BB. Social services, not elsewhere classified (SIC 839). (5/98) CC. Membership organizations (SIC 86). (5/98) DD. Miscellaneous services (SIC 89). (5/98) EE. Executive offices (SIC 911). (5/98) FF. Executive and legislative combined (SIC 913). (5/98) GG. Finance, taxation, and monetary policy (SIC 93). (5/98) HH. Administration of human resources programs (SIC 94). (5/98) II. Administration of environmental quality and housing programs (SIC 95). (5/98) JJ. Administration of economic programs (SIC 96). (5/98) KK. National security and international affairs (SIC 97). (5/98) LL. Community or neighborhood clubs. (5/98) MM. Swimming pools open to the public free or for a fee. (5/98)

2 2.108 COMMERCIAL OFFICE Keizer Development Code – May 1998 (Revised 1/16)

NN. Public parks, playgrounds, and other public and semi-public uses. (5/98) OO. Public utility structures and buildings. (5/98) PP. Residential home care for 5 or fewer persons and adult residential home care.

(5/98) QQ. Child care Day care facility. (5/98) RR. Child foster home. (5/98) SS. Elementary and secondary schools (SIC 8211). (5/98)

TT. Transit Facilities (Section 2.305). (05/09)

2.108.03 Special Permitted Uses The following special uses subject to the applicable standards in Section 2.4: A. Funeral service and crematories (SIC 726). (5/98) B. Zero side yard dwellings. (5/98) C Home occupations. (5/98) D. Child day care services Day care facility. (5/98) E. Domiciliary Care Facility (SIC 836). (5/98) F. Bed and breakfast establishments. (5/98) G. Veterinary services (SIC 074). (5/98) H. Mixed-use buildings. (5/98) I. House of Worship. (5/98) J. Wireless Telecommunications Facilities (Section 2.421) (5/98)

K. Medical Marijuana Facilities (Section 2.433). (10/14)

L. Marijuana Retailer (Section 2.433). (1/16)


2.108.04 Conditional Uses The following uses may be permitted subject to obtaining a conditional use permit: A. Transit Station (Section 2.429). (05/09)




Lot Size 4,000 sq. ft. (1) 6,000 sq. ft. (2) None (3) None (3)



Maximum Height


(1) A single family dwelling attached on one side has a minimum lot area of


(2) Multi-family development must comply with the density standard in Section 2.107.07. (5/98)

(3) Parcel size shall be adequate to contain all structures within the required yard setbacks and, where applicable, comply with residential density standards in Section 2.108.05. (5/98)





Side 5 feet (1) (3) (3) (3)

Rear (2) (3) (3) (3)


Garage entrance (5)




2.404. (5/98) (2) The rear yard setback shall be as follows: 14 feet for a 1-story home, 20 feet

for a 2-story home. (5/98) (3) The setback shall be no less than the minimum rear yard setback of the

zone on the adjacent property. (5/98) (4) Setbacks are measured from property lines, not easement lines. However,

no structure shall be placed any closer than five feet from the edge of an access easement or 20 feet from the right-of-way of an arterial or collector street. (5/98)


2.108.06 Development Standards All development in the CO Zone shall comply with the applicable provisions of this Ordinance. The following includes referenced items as well as additional development requirements. If a conflict exists with a specific standard found in this section and a standard found elsewhere in this Ordinance, the standard in this section shall govern. (5/98) A. Off-street parking:

1. Parking shall be as specified in Section 2.303. In the event that on-street parking is provided, on-street parking that abuts the property can be used to meet the standard. (5/98)

2. Parking must be located to the side or rear of newly constructed buildings.

If located on the side, parking is limited to 50 percent of the street frontage. (5/98)

3. No off-street parking is required for uses above the ground floor. (5/98)

4. The off-street parking requirement for residential uses is one space per

unit. (5/98)

5. If mixed uses on the ground floor exhibit peak parking demand at different times, the resulting parking requirement is limited to the number of spaces generated at the highest combined peak demand at any one particular time. (For example, if there is a movie theater exhibiting peak parking demand between 7:00 and 10:00 PM with a total requirement of 100 spaces, and a pet store exhibiting peak demand between 1:00 and 5:00


PM with a requirement of 50 spaces, the total requirement for the building would be 100 spaces.) (5/98)

B. Subdivisions and Partitions. Land divisions shall be reviewed in accordance with

the provisions of Section 2.310. (5/98) C. Yards and Lots. Yards and lots shall conform to the standards of Section 2.312.

(5/98) D. Signs. Signs shall conform to the requirements of Section 2.308. (5/98) E. Accessory Structures: Accessory structures shall conform to requirements in

Section 2.313. (5/98) F. Storage, Trash, and Service Functions: Storage areas, trash, recycling, utilities

and other service functions shall be located within the main structure if possible. If any of the above functions are located outside the main structure, the area containing the function must be screened with a solid, durable structure that is architecturally related to the building. (5/98)

G. Landscaping-General: All required yards shall be landscaped. Landscaped

areas shall be landscaped as provided in Section 2.309. The minimum landscaped area requirements shall be as follows: (5/98)


H. Landscaping-Parking Lots: One tree shall be provided for every eight parking

spaces in parking lots. The trees shall be dispersed throughout the parking lot in minimum four by four foot planters located between parking spaces. (5/98)

I. Lot Coverage: The maximum coverage allowed for buildings, accessory

structures and paved parking shall be as follows: (5/98) Max. Min

Commercial development: 90% 50% Mixed commercial and residential development: 85% 50% Residential development: 80% 50%

J. Density: The maximum residential density shall be 24 units per acre and

minimum residential density shall be 8 units per acre. Developments limited exclusively to residential uses and containing less than 8 dwelling units per acre are allowed if they comply with the following: (5/98)


1. No more than 50% of the property shall be occupied. The occupied area shall include all buildings, accessory structures, driveways, parking and required landscaping. (5/98)

2. The remaining undeveloped portion of the property shall be in one

contiguous piece. Access to a public street, in conformance with Ordinance requirements, shall be available. The undeveloped portion shall have sufficient width and depth to be developed for additional residential, or commercial, uses. (5/98)

2.108.07 Design Standards All development in the CO Zone shall comply with the applicable design standards described below: A. Building Design Standards. Primary buildings shall comply with the following

design standards: 1. Design Standards - Unless specifically modified by provisions in this

Section, buildings located within the CO zone shall comply with the following standards: (5/98)

a. Single family homes shall comply with the design standards in

Section 2.314. (5/98)

b. Multi-family buildings and non-residential structures shall comply with the provisions in Section 2.315 Development Standards. (4/12)


2 . 11 0 C OM M ER CI AL M I XE D US E ( CM )

2.110.01 Purpose The Commercial Mixed Use (CM) zone is the primary commercial zone within the City. The zone is specifically designed to promote development that combines commercial and residential uses. This zone will support transit use, provide new housing opportunities while allowing a full range of commercial retail, service and office uses. Development is intended to be pedestrian-oriented with buildings close to and oriented to the sidewalk. Parking may be shared between residential and commercial uses. Clusters of residential and commercial uses around landscaping features or parking areas can occur and are encouraged. The Commercial Mixed Use zone is suitable for the Commercial Plan designation. (5/98)

2.110.02 Permitted Uses The following uses, when developed under the applicable development standards in the Zoning Ordinance, are permitted in the CM zone: A. One or more buildings with one or more dwelling units or guest rooms,

and/or, one or more other uses allowed in this section on a lot. (5/98)

B. Residential homes and facilities. (5/98)

C. Child day care service Day care facility, including Family day care provider. (5/98)

D. Public parks, playgrounds, community clubs including swimming, tennis and similar recreational facilities, and other public and semi-public uses. (5/98)

E. Landscape counseling and planning (0781). (5/98)

F. Offices for any use listed in SIC Division C - Construction. (5/98)

G. Commercial printing (275). (5/98)

H. Transportation, Communication and Utilities. (5/98)

1. Public utility structures and buildings. (5/98)

2. Post office (43). (5/98)

3. Travel agency (4722). (5/98)

4. Communications (48). (5/98)

Keizer Development Code - May 1998 (Revised 1/16) 2.110 COMMERCIAL MIXED USE (CM)1

I. Retail Trade. (5/98)

1. Building materials, hardware, retail nurseries, and garden supply (52), BUT EXCLUDING mobile home dealers (527). (5/98)

2. General merchandise stores (53). (5/98) 3. Food stores (54). (5/98) 4. Automobile, recreational vehicle or trailer sales (55), BUT

EXCLUDING gasoline service stations (554). (5/98) 5. Apparel and accessory stores (56). (5/98) 7. Furniture, home furnishings, and equipment stores (57). (5/98) 8. Eating and drinking places (58) except as provided in Section 2.110.05,

below. (5/98) 9. Miscellaneous retail (59), BUT EXCLUDING fuel and ice dealers (598).

(5/98) 10. Electrical and lighting shops and office machines and equipment

stores. (5/98) J. Business, Professional and Social Services. (5/98)

1. Finance, insurance and real estate (60, 61, 62, 63, 64, 65, 67). (5/98) 2. Hotels, motels and tourist courts (701). (5/98) 3. Organization hotels and lodging houses on membership basis (704).

(5/98) 4. Personal services (72) BUT EXCLUDING industrial launderers (7218).

(5/98) 5. Business services (73) BUT EXCLUDING disinfecting and

exterminating services (7342). (5/98) 6. Parking lots (7523) except as provided in Section 2.110.05, below. (5/98) 7. Miscellaneous repair services (76). (5/98) 8. Motion pictures (78), BUT EXCLUDING drive-ins (7838). (5/98) 9. Amusement and recreation (79), BUT EXCLUDING golf courses (7992)

and amusement parks (7996). (5/98)


10. Health services (80), BUT EXCLUDING hospitals (806). (5/98) 11. Legal services (81). (5/98) 12. Elementary and secondary schools (8211). (5/98) 13. Correspondence schools and vocational schools (824). (5/98) 14. Schools and educational services not elsewhere classified (829).

(5/98) 15. Social services (83). (5/98) 16. Museums, art galleries, botanical and zoological gardens (84).

(5/98) 17. Membership organizations (86). (5/98) 18. Miscellaneous services (89). (5/98) 19. Pet Grooming (6/01)

K. Public Administration (91 - 97). (5/98)

L. Child foster home for five or fewer children as a secondary use.(6/99)

2.110.03 Special Permitted Uses The following uses, when developed under the applicable development standards in the Ordinance and special development requirements, are permitted in the CM zone: A. Partitions, subject to the provisions in Section 2.310. (5/98) B. Subdivision, subject to the provisions in Section 2.310. (5/98) C. Planned unit development, subject to the provisions in Section 2.311. (5/98) D. Accessory structures and uses prescribed in Section 2.203. (5/98)

E. Transit Facilities (Section 2.305). (05/09)

F The following special uses subject to the applicable standards in Section

2.4:

1. Shared housing facilities (Section 2.403). (5/98)


2. Zero side yard dwelling units (Section 2.404). (5/98) 3. Home occupations (Section 2.407). (5/98) 4. Bed and breakfast establishments (Section 2.408). (5/98) 5. Residential sales offices (Section 2.409). (5/98) 6. Public golf course (7992) or membership recreation club having golf

course (7997) (Section 2.410). (5/98)

7. Boat and RV storage area (Section 2.411) except as provided in Section 2.110.05, below. (5/98)

8. House of Worship (Section 2.423). (5/98) 9. Recreational vehicle storage space (Section 2.413) except as

provided in Section 2.110.05, below. (5/98) 10. Veterinary services (074) (Section 2.414). (5/98) 11. Funeral service and crematories (726) (Section 2.415). (5/98) 12. Used Merchandise Store (Section 2.417) 13. Adult entertainment business (Section 2.418). (5/98) 14. Service stations (554) (Section 2.419) except as provided in Section

2.110.05, below. (5/98) 15. Recreational vehicle parks (7033) (Section 2.412) except as

provided in Section 2.110.05, below. (5/98) 16. Automobile services (75) (Section 2.420) except as provided in

Section 2.110.05, below. (5/98) 17. Manufacturing and Assembly Facilities (Section 2.421). (5/98) 18. Wireless Telecommunications Facilities (Section 2.427). (5/98) 19. Medical Marijuana Facilities (Section 2.433) (10/14) 20. Marijuana Retailer (Section 2.433) (1/16)


2.110.04 Conditional Uses The following uses may be permitted subject to obtaining a conditional use permit: A. Craft Industries, subject to the provisions in Section 2.421. (5/98)

B. Transit Station (Section 2.429). (05/09)

2.110.05 Use Restrictions No permitted or special permitted use shall in any way involve any of the following: A. Farm Use. (5/98) B. The rendering, processing, or cleaning of animals, fish, seafoods, fowl,

poultry, fruits, vegetables, or dairy products for wholesale use. (5/98)

C. The following uses are prohibited from any property fronting on River Road

or Chemawa Road in the following area: the west side of River Road between 5119 River Road on the north and Janet Avenue extended on the south; the east side of River Road between Claggett Street on the north and James Avenue on the south; and either side of Chemawa Road between Elizabeth Street on the west and Bailey Road on the east; and (2) Any property contained within the Area B as described in the Keizer Station Plan. This prohibition does not apply to any business facility, legally established as of the date of the adoption of this Ordinance, which as of that date has drive-through window facilities. (12/03)

1. Gasoline service stations (554). (5/98) 2. Drive-Through windows or car service associated with eating and

drinking places (58). (5/98) 3. Vehicle sales and secondary repair. (5/98) 4. Public utility structures and buildings. (5/98) 5. Recreational vehicle parks (7033). (5/98) 6. Automobile parking not associated with an allowed use (752). (5/98) 7. Automotive Dealers (55). (5/98) 8. Automotive rental and leasing, without drivers (751). (5/98) 9. Automotive repair shops (753). (5/98)


10. Automotive services, except repair (754). (5/98) 11. Utilities - secondary truck parking and material storage yard. (5/98)

D. A limitation of the total floor area of specified uses applies to all of Area B – Retail Service Center of the Keizer Station Plan. A maximum total floor area shall apply to the uses identified in Sections 2.110.02 (I) and 2.110.03 (E)(12) – (14). This maximum floor area is set forth in the Keizer Station Plan, however this maximum floor area may change as part of an approved master plan or amended master plan. (06/10)




Lot Size 4,000 sq. ft. (1) 6,000 sq. ft. (2) None (3) None (3)



Maximum Height


(1) A single family dwelling attached on one side has a minimum lot area

of 3500 square feet, and a single family dwelling attached on both sides has a minimum lot area of 3000 square feet. (5/98)

(2) Multi-family development must comply with the density standard in Section 2.110.07. (5/98)

(3) Parcel size shall be adequate to contain all structures within the required yard setbacks and, where applicable, comply with residential density standards in Section 2.110.07. (5/98)






Side 5 feet (1) (3) (3) (3)

Rear (2) (3) (3) (3)


Garage entrance (5)


(1) Zero side yard dwelling units are subject to the setback provisions in

Section 2.404. (5/98) (2) The rear yard setback shall be as follows: 14 feet for a 1-story home,

20 feet for a 2-story home. (5/98) (3) The setback shall be no less than the minimum rear yard setback of

the zone on the adjacent property. For the CM zone, the rear yard setback is 0 feet. (5/98)



2.110.07 Development Standards All development in the CM Zone shall comply with the applicable provisions of this Ordinance. The following includes referenced items as well as additional development requirements. If a conflict exists with a specific standard found in this section and a standard found elsewhere in this Ordinance, the standard in this section shall govern. (5/98) A. Off-street parking:

1. Parking shall be as specified in Section 2.303. In the event that on-street parking is provided, on-street parking that abuts the property can be used to meet the standard. (5/98)


2. No off-street parking is required for uses above the ground floor. (5/98)

3. The off-street parking requirement for residential uses is one space

per unit. (5/98) 4. If mixed uses on the ground floor exhibit peak parking demand at

different times, the resulting parking requirement is limited to the number of spaces generated at the highest combined peak demand at any one particular time. (For example, if there is a movie theater exhibiting peak parking demand between 7:00 and 10:00 PM with a total requirement of 100 spaces, and a pet store exhibiting peak demand between 1:00 and 5:00 PM with a requirement of 50 spaces, the total requirement for the building would be 100 spaces.)

B. Subdivisions and Partitions. Land divisions shall be reviewed in

accordance with the provisions of Section 2.310. (5/98) C. Yards and Lots. Yards and lots shall conform to the standards of Section

2.312. (5/98) D. Signs. Signs shall conform to the requirements of Section 2.308. (5/98) E. Accessory Structures: Accessory structures shall conform to requirements

in Section 2.313. (5/98) F. Storage, Trash, and Service Functions: Storage areas, trash, recycling,

utilities and other service functions shall be located within the main structure if possible. If any of the above functions are located outside the main structure, the area containing the function must be screened with a solid, durable structure that is architecturally related to the building. (5/98)

D. Landscaping-General: All required yards shall be landscaped.

Landscaped areas shall be landscaped as provided in Section 2.309.

1. The minimum landscaped area requirements shall be as follows:


2. Properties located within Area B as defined in the Keizer Station

Plan shall have a 20-foot landscape buffer along all property lines adjacent to any residential zone. Landscape and buffer requirements shall be met as defined in the Keizer Station Plan. (12/03)


H. Landscaping-Parking Lots: One tree shall be provided for every eight

parking spaces in parking lots. The trees shall be dispersed throughout the parking lot in minimum four by four foot planters located between parking spaces. (5/98)

I. Lot Coverage: The maximum coverage allowed for buildings, accessory

structures and paved parking shall be as follows: (5/98) Max. Min

Commercial development: 90% 50% Mixed commercial and residential development: 85% 50% Residential development: 80% 50%

J. Density: The maximum residential density shall be 24 units per acre and

minimum residential density shall be 8 units per acre. Developments limited exclusively to residential uses and containing less than 8 dwelling units per acre are allowed if they comply with the following: (5/98)

1. No more than 50% of the property shall be occupied. The occupied

area shall include all buildings, accessory structures, driveways, parking and required landscaping. (5/98)

2. The remaining undeveloped portion of the property shall be in one

contiguous piece. Access to a public street, in conformance with Ordinance requirements, shall be available. The undeveloped portion shall have sufficient width and depth to be developed for additional residential, or commercial, uses. (5/98)

2.110.08 Design Standards All development in the CM Zone shall comply with the applicable design standards described below: A. Building Design Standards. Primary buildings shall comply with the

following design standards: (5/98)

1. Design Standards - Unless specifically modified by provisions in this Section, buildings located within the CM zone shall comply with the following standards: (5/98)

a. Single family homes shall comply with the design standards in

Section 2.314. (5/98) b. Multi-family buildings and non-residential structures shall

comply with the provisions in Section 2.315 – Development Standards. (4/12)


2 . 1 13 I N D US T RI AL B U S I N ES S P AR K ( I BP )

2.113.01 Purpose and Uses A. Purpose. The IBP zone is intended to provide for high quality light industrial

and office parks with related commercial uses. It sets high design standards focusing on visual aesthetics, while providing a framework for the marketplace to work within creating vibrant, economically viable commerce centers. (5/98)

B. Classification of Uses: Most permitted, special, and conditional uses are

classified with reference to the Standard Industrial Classification (SIC), Manual, Numbers in parenthesis following a use designation indicate that the use is listed and described under the number in the SIC. Where particular activities otherwise included under a SIC category are excluded from the permitted, a special, or conditional uses, those particular activities are listed, preceded by the words, “BUT EXCLUDING” following the more general category from which they are excluded. Particular activities thus excluded may or may not be listed in other sections of this chapter. The IBP zone may be utilized in conjunction with overlay zones, such as the AC (Activity Center) overlay zone used within the Keizer Station Plan, which may include use and development standards which are more restrictive than those found in this chapter. (02/03)

2.113.02 Permitted Uses.

The following uses, when developed under the general development standards in this zoning code applicable to the IBP district and to all such uses, generally, are permitted in the IBP district: (5/98)

A. Agriculture forestry and fishing; (5/98)

1. Agricultural production-crops (01). (5/98) B. Manufacturing; (5/98)

1. Grain mill products (204). (5/98) 2. Bakery products (205). (5/98) 3. Beverages (208). (5/98) 4. Miscellaneous food preparations and kindred products (209). (5/98) 5. The manufacture of meat products (201) but excluding both meat

packing plant and any on site abattoirs and slaughtering (2011), rendering of fats (2077), processing of hides and maintenance of live animals or fowl. (5/98)

Keizer Development Code - May 1998 (Revised 1/16) 2.113 INDUSTRIAL BUSINESS PARK (IBP)1

6. Textile mill products (22). (5/98) 7. Apparel and other finished products made from fabrics and similar

products (23). (5/98) 8. Wood kitchen cabinets (2434). (5/98) 9. Nailed and lock corner wood boxes and shook (2441). (5/98) 10. Wood products, not elsewhere classified (2499). (5/98) 11. Furniture and fixtures (25). (5/98) 12. Paperboard containers and boxes (265). (5/98) 13. Printing, publishing, and allied industries (27). (5/98) 14. Drugs (283). (5/98) 15. Soaps detergents, and cleaning preparations, perfumes, cosmetics,

and other toilet preparations (284). (5/98) 16. Miscellaneous plastic products (308). (5/98) 17. Leather and leather products (31) BUT EXCLUDING leather tanning

and finishing (311). (5/98) 18. Glass products, made of purchased glass (323). (5/98) 19. Pottery and related products (326). (5/98) 20. Metal cans and shipping containers (341). (5/98) 21. Cutlery, hand tools, and general hardware (342). (5/98) 22. Heating equipment, except electric and warm air, and plumbing fixtures

(343). (5/98) 23. Fabricated structural metal products (344). (5/98) 24. Screw machine products, and bolts, nuts, screws, rivets, and washers

(345). (5/98) 25. Metal forgings and stampings (346). (5/98)


26. Metalworking machinery and equipment (354). (5/98) 27. Special industry machinery, except metalworking machinery (355).

(5/98) 28. Pumps and pumping equipment (3561). (5/98) 29. Office, computing, and accounting machines (357). (5/98) 30. Electrical and electronic machinery, equipment, and supplies (36).

(5/98) 31. Transportation Equipment (37). (5/98) 32. Measuring, analyzing, and controlling instruments; photographic,

medical, and optical goods; watches and clocks (38). (5/98) 33. Miscellaneous manufacturing industries (39). (5/98)

C. Transportation, communications, electric, gas, and sanitary services;

1. Motor freight transportation and warehousing (42). (5/98) 2. Communication (48). (5/98) 3. Public Utility Structures and Buildings (49). (5/98)

D. Wholesale trade-nondurable goods (51) BUT EXCLUDING poultry and

poultry products (5144), livestock (5154), farm-product raw materials, not elsewhere classified (5159), chemicals and allied products (5169), tobacco and tobacco products (5194), and nondurable goods, not elsewhere classified (5199). (5/98)

E. Wholesale trade-durable goods (50) BUT EXCLUDING automobiles and

other motor vehicles (501), lumber and other construction materials (503), coal and other minerals and ores (5052), construction and mining machinery and equipment (5082) and scrap and waste materials (5093). (5/98)

F. The uses (b) through (e), excluding c) iii) shall:

1. Be within an enclosed building; and 2. Permit retail sales of products manufactured on the site. (5/98)


G. Services (5/98)

1. Computer and data processing services (737). (5/98) 2. Research and development laboratories (873). (5/98) 3. Management, consulting, and public relations services (874). (5/98) 4. Noncommercial educational, scientific, and research organizations

(8733). (5/98) H. Public administration; (5/98)

1. Public order and safety (922) except correctional institutions (9223). (01/07)

I. Office Uses; (5/98)

1. Any use allowed in Section 2.108, Commercial Office excluding those residential uses listed in 2.108.02.A, B, C, PP, and RR. (5/98)

J. Retail trade; (5/98)

1. Eating and drinking places (58). (5/98) K. Finance, Insurance, and Real Estate; (5/98)

1. Commercial and Stock Savings Banks (602). (5/98) 2. Mutual Savings Bank (603). (5/98) 3. Savings and Loan Associations (603). (5/98) 4. Personal Credit Institutions (606). (5/98)

L. Services (07/06)

1. Hotels, motels, and tourist courts (7011). (5/98) 2. Child daycare services Day care facility (8351). (5/98) 3. Membership sports and recreation clubs (7997). (5/98) 4. Amusement and recreation (79), BUT EXCLUDING golf courses

(7992) and amusement parks (7996). (2/03)


5. Motion pictures (78), BUT EXCLUDING drive-in motion picture theaters (7833). (07/06)

6. Public and private sports facilities including but not limited to

stadiums, arenas, ice rinks, parks, and aquatic facilities. (2/03) 7. Miscellaneous services. (5/98)

M. Transit facilities. (05/09)

N. Flexible Space Uses

1. The following uses, when restricted, developed, and conducted as required in subsections 2 and 3 below, are permitted in the IBP district

a. Food Stores (54). (5/98) b. Apparel and Accessory Stores (56). (5/98) c. Furniture, Home Furnishings and Equipment Stores (57).

(5/98) d. Miscellaneous Retail (59); BUT EXCLUDING used

merchandise stores (5932). (5/98) e. Business Services (73). (5/98) f. Miscellaneous Repair Services (76). (5/98)

2. In the Keizer Station Plan where Flexible Space uses are to be

developed within the IBP district, the following development limits apply; (02/03)

a. No single building shall be more than 25,000 square feet in

area, with no more than 10,000 square feet to be utilized for any individual use listed in subsection 1(a) through (d). (7/04)

b. The aggregate floor area for uses devoted to food stores

(54), apparel and accessory stores (56), furniture, home furnishings, and equipment stores (57), and miscellaneous retail (59) shall not exceed two percent of the total land area in the IBP district. “IBP district” is defined as IBP zoned property within the Keizer Station, including any internal public streets. In no case shall each contiguously zoned IBP district within the Keizer Station exceed 32,400 square feet


of Flexible Use Space as set forth in sub-sections 1.a through d. (7/04)

c. The area developed in all flexible space uses shall in the

aggregate not exceed 30 percent of the gross area of the IBP district. (5/98)

d. Any outdoor storage area shall:

i. Be no more than 3,000 square feet per building and shall not be aggregated with the storage of another building;

ii. Be enclosed with a sight-obscuring fence or wall; iii. Have at least one side coterminous with the building

that it serves; iv. Have no opening within fifty feet and visible from any

property boundary; and v. Meet the other applicable requirements of this

ordinance. (5/98) e. Loading doors shall have no opening within seventy five feet

and visible from any street or property boundary. (5/98) f. Buildings fronting a street and within fifty feet of an abutting

property shall have glass frontage not less than thirty-five percent of the area of the street front wall. (5/98)

g. All buildings shall be capable of development as flexible

industrial space. (5/98)

3. For land that is outside of the Keizer Station where no master plan is established and where Flexible Space uses are to be developed the following development limits apply; (01/07) a. Properties to be developed with Flexible Space uses shall

have frontage along an arterial street. (01/07) b. Any outdoor storage area shall: (01/07)

i. Be enclosed with a sight-obscuring fence or wall; (01/07)


ii. Have at least one side coterminous with the building that it serves; (01/07)

iii. Have no opening for loading that is within fifty feet of

a property boundary unless it is screened in accordance with provisions as specified in Section 2.113.05; and (01/07)

iv. Meet the other applicable requirements of this

ordinance. (01/07) c. Buildings fronting a street shall have not less than thirty-five

percent of the area of the street front wall with windows, displays or doorway openings. (01/07)

O. Wireless Telecommunications Facilities (Section 2.427). (5/98) P. Medical Marijuana Facilities (Section 2.433). (10/14) Q. Marijuana Grow Site (Section 2.433). (10/14)

R. Marijuana Retailer (Section 2.433). (1/16) S. Marijuana Processor (Section 2.433). (1/16) T. Marijuana Producer (Section 2.433). (1/16) U. Marijuana Wholesaler (Section 2.433). (1/16)

2.113.03 Conditional Use The following uses may be permitted subject to obtaining a conditional use permit: A. Transit Station (Section 2.429). (05/09)

2.113.04 Prohibited Uses.

Within any IBP district, no building, structure, or land shall be used, erected, structurally altered, or enlarged for any use not permitted under this chapter. (5/98)


2.113.05 Industrial Performance Standards.

In an IBP district no land or structure shall be used or occupied unless maintained and operated in continuing compliance with all applicable standards adopted by the Oregon Department of Environmental Quality (DEQ), including the holding of all licenses and permits required by DEQ regulation, local ordinance, and state and federal law. (5/98)

2.113.06 Development Standards A. Design Standards – Unless specifically modified by provisions in this

Section, buildings located within the IBP zone shall comply with the Development Standards in Section 2.315. (5/98)

B. Location Standards. (5/98)

1. Each IBP district shall have direct access onto an arterial or collector street. (5/98)

2. Access to a local street abutting the district shall not be permitted

from any lot within the IBP district; except that, access may be permitted to a local street if 75 percent of the property is zoned industrial or designated industrial in the Keizer Comprehensive Plan along both sides of the street for a distance of 600 feet from the center line of a proposed access in both directions along the street, or for the distance from said centerline to the next intersecting arterial or collector street in both directions, whichever is less. (5/98)

3. Calculation of the percent of industrial property shall be based upon

the street frontage of properties having frontage on the local street within the described distance of the centerline of the proposed access. (5/98)

4. The Zoning Administrator may require street right-of-way and

improvements for streets abutting or within the IBP district in accordance with the Development Code, except that for local streets to which access is not allowed under 2. above, the Zoning Administrator may only require right-of-way dedication, and not improvements. (5/98)

C. Height. Within the IBP district buildings and structures erected, altered or

enlarged shall not exceed 100 feet in height, except for the area within 50 feet of any residential zone where the maximum height shall be 15 feet. (5/98)

D. Lot Area and Dimensions. There are no minimum lot area requirements

in an IBP district. (5/98)


E. Yards Adjacent to Streets. Within an IBP district:

1. Along the full extent of each lot line adjacent to a street, there shall be a required yard 20 feet in depth. (5/98)

2. Setbacks for accessory building and structures, expect fences,

shall be the same as for primary buildings. (5/98) 3. No parking will be allowed in required yards. (5/98) 4. No buildings or structures except transit shelters approved by the

Salem Area Transit District shall be permitted in a required yard adjacent to a street. (5/98)

F. Yards Adjacent to Other Districts. (5/98)

1. Where an IBP district within the Keizer Station Plan abuts any other district, except another “I” district, directly or across an alley, there shall be a required yard 40 feet in depth adjacent to the lot line separating the IBP district from the abutting district. (5/98)

2. Where an IBP district not within the Keizer Station Plan abuts any

other district, except another “I” district, directly or across an alley, there shall be a required yard 15 feet in depth plus 1 foot of depth for each foot of building height over 10 feet, adjacent to the lot line separating the IBP district from the abutting district. (5/98)

3. Where an IBP district within the Keizer Station Plan abuts another

“I” district, directly or across an alley, there shall be a required yard 20 feet in depth adjacent to the lot line separating the IBP district from the abutting district. (5/98)

4. No buildings or structures shall be permitted in a required yard

adjacent to an abutting district. (5/98) 5. All parking shall be set back at least 20 feet from the lot line

separating the IBP district from the abutting district. (5/98) 6. Driveways shall be set back at least 20 feet from the lot line

separating the IBP district from the abutting district, except where the driveway provides direct access to the abutting property or to a street. (5/98)

G. Side and Rear Yards. Notwithstanding Section 2.113.05.F, There are no

side or rear yard requirements in the IBP district except:


1. As may be required for a yard adjacent to another district as

defined above. (5/98) 2. Where a side or rear yard is not required but is provided it shall:

a. Be at least ten feet in depth; b. Not include buildings, structure, parking or driveways; and c Be landscaped. (5/98)

3. Driveways and accessways shall set back at least ten feet from property lines, except where the driveway or accessway provides direct access to an adjacent street, or where a common driveway is provided along a lot line between two separately owned properties. In case of the latter exception, at least ten feet of landscaped yard shall exist parallel and along each side of the common driveway. (07/06)

H. Lot Coverage. Each lot within an IBP district shall have a least 20

percent of its gross area landscaped; that portion of the required yards, which are landscaped, may be included in the calculation to meet the 20 percent landscaped area. (5/98)

I. Open Storage

1. Open storage of materials and equipment is prohibited in required yards, but is otherwise permitted provided that such storage is enclosed with a sight-obscuring fence, wall or berm at least six feet in height, or a sight obscuring hedge no less than four feet in height and capable of obtaining a height of six feet within two years, any of which shall be located on the property at the required set back line in the same manner as if such berm, fence, wall, or hedge were a building. (5/98)

2. Materials and equipment stored as permitted in this section shall be

no more than 14 feet in height above the elevation of the storage area. (5/98)

J. Landscaping

1. Landscaping shall meet the requirements of the Keizer Development Code as well as the following requirements. (5/98)

2. Required yards shall include the following plant materials:. (5/98)


Number of Plant Units or Square Feet of Living Ground Cover Per 1000 Square Feet of Landscaped yard

Plant Type Boundary of IBP

District Other

Locations

Trees 2 1

Shrubs 5 3

Evergreens and Conifers

1

Living Ground Cover 500 sq. ft. 500 sq. ft.

3. Plant units shall be distributed not less than two units per each 100 linear feet of boundary or lot line and each ten feet of depth. (5/98)

4. Plant units meeting the above standards shall also be planted and maintained in any planting strip or area within the public right of way adjacent to a use. Trees within the planting strip shall be in conformance with City standards for street trees. (5/98)

K. Off-Street Parking and Loading. Within an IBP district all uses shall meet the requirements of the Parking Chapter of the Keizer Development Code as well as the additional requirements of this section:

1. Parking

a. All parking shall be set back at least ten feet from all interior property lines. (5/98)

b. Transit stop(s) approved, as to location, design and construction, by the Keizer Area Transit District may satisfy five percent of the parking space requirements for building sites located within 400 feet of any such transit stop(s). (5/98)

c. A ride sharing program approved by the Director of Public Works may satisfy five percent of the parking space requirements. (5/98)

d. Bicycle parking at a ratio of one bicycle space for each twenty vehicle parking spaces may satisfy three percent of the parking space requirements. (5/98)


2. Loading

a. All loading spaces shall be screened from adjacent property by a sight-obscuring fence, wall, hedge, or berm at least four feet in height. (5/98)

b. Loading docks and loading doors shall be screened from the street by landscaping and shall be offset from driveway openings. (5/98)

L. Lighting. Exterior lights fixtures shall be so located and designed that the light source, viewed by an observer five feet above the ground and five feet outside the boundary of the IBP district, shall within 50 feet of the base of the light standard be either:

1. Completely shielded from direct view, or. (5/98) 2. Not greater than five foot candles. (5/98)


2 . 11 9 G E NE R AL EM P L OYM E N T ( EG )

2.119.01 Purpose The General Employment (EG) zone is located within the Keizer Station Plan (KSP) Area A – Village Center, and it corresponds directly with the Special Planning District (SPD) designation as described in the KSP and the Keizer Comprehensive Plan. Consistent with the KSP, the EG zone promotes a complementary mix of economic uses, development intensity, and development standards along with a wide range of employment opportunities. The EG zone regulations protect the health, safety and welfare of the public, address area character, and address environmental concerns, while enhancing economic opportunities in Keizer. The intent is to promote attractive industrial/commercial areas, which will support the economic viability of the City. In addition, the regulations provide certainty to property owners, developers, and neighbors about the limits of what is allowed. (2/03)

2.119.02 Commercial and Industrial Use Limitations A. To implement the KSP, the EG zone requires that a minimum of 25% of all the EG

zone land area be devoted to listed Industrial Uses and allows a maximum of 75% of the EG zone land area to be developed with Commercial Uses. The specific Industrial and Commercial Uses are defined in this chapter. The EG zone is unique because the location of the particular areas devoted to Industrial and Commercial Uses shall be determined as part of the required Site Master Plan review described in Chapter 2.125 of this Zoning Ordinance. (2/03)

B. The land use limitations of the EG zone include: (2/03)

1. Permitted and Special Permitted Industrial Uses, in Sections 2.119.03 and 2.119.04 respectively, represent the allowable uses for the portion of the EG zone so designated as part of the Site Master Plan approval required by Chapter 2.125. A minimum of 25% of the land area of the EG zone shall be devoted to these uses. (2/03)

2. Permitted and Special Permitted Commercial Uses, in Sections 2.119.05 and 2.119.06 respectively, represent the allowable uses for the portion of the EG zone so designated as part of a Site Master Plan approval required by Chapter 2.125. A maximum of 75% of the land area of the EG zone may be devoted to these uses. (2/03)

3. Use restrictions, which apply to the entire EG zone, are identified in

Section 2.119.07. (2/03)

Keizer Development Code - May 1998 (Revised 1/16) 2.119 EMPLOYMENT GENERAL (EG)1

2.119.03 Permitted Industrial Uses Industrial Development. The following uses, drawn from the IBP and IG zones, when developed under the applicable development standards in the Zoning Ordinance, are permitted in the EG zone on a minimum 25% gross acreage of the Village Center: (2/03) A Construction contractor’s offices. (15) (2/03)

B. Manufacturing;

1. Bakery products. (205) (2/03) 2. Beverages. (208) (2/03) 3. Miscellaneous food preparations and kindred products. (209) (2/03) 4. The manufacture of meat products (201) but excluding both meat packing

plant (2011) and any on site abattoirs and slaughtering, rendering of fats, processing of hides and maintenance of live animals or fowl. (Poultry slaughtering and processing (2015)) (2/03)

5. Textile mill products. (22) (2/03) 6. Apparel and other finished products made from fabrics and similar

products. (23) (2/03) 7. Wood kitchen cabinets. (2434) (2/03) 8. Nailed and lock corner wood boxes and shook. (2441) (2/03) 9. Wood products, not elsewhere classified. (2499) (2/03) 10. Furniture and fixtures. (25) (2/03) 11. Paperboard containers and boxes. (265) (2/03) 12. Printing, publishing, and allied industries. (27) (2/03) 13. Drugs (283), BUT EXCLUDING biological products, except diagnostic

substances (2836) (2/03) 14. Leather and leather products (31) BUT EXCLUDING leather tanning and

finishing. (311) (2/03) 15. Glass products, made of purchased glass. (323) (2/03) 16. Pottery and related products. (326) (2/03)

2 EMPLOYMENT GENERAL (EG) 2.119 Keizer Development Code - May 1998 (Revised 1/16)

17. Metal cans and shipping containers. (341) (2/03) 18. Cutlery, hand tools, and general hardware. (342) (2/03) 19. Heating equipment, except electric and warm air, and plumbing fixtures.

(343) (2/03) 20. Fabricated structural metal products. (344) (2/03) 21. Screw machine products, and bolts, nuts, screws, rivets, and washers.

(345) (2/03) 22. Metal forgings and stampings. (346) (2/03) 23. Metalworking machinery and equipment. (354) (2/03) 24. Special industry machinery, except metalworking machinery. (355) (2/03) 25. Pumps and pumping equipment. (3561) (2/03) 26. Office, computing, and accounting machines. (Computer and Office

Equipment (357); Calculating and Accounting Machines, Except Electronic Computers (3578); Office Machines, Not Elsewhere Classified (3579) (2/03)

27. Electrical and electronic machinery, equipment, and supplies. (Electronic

and other electrical equipment and components, except computer equipment (36) (2/03)

28. Transportation Equipment. (37) (2/03) 29. Measuring, analyzing, and controlling instruments; photographic, medical,

and optical goods; watches and clocks. (38) (2/03) 30. Miscellaneous manufacturing industries. (39) (2/03)

C. Transportation, communications, electric, gas, and sanitary services;

1. Communication. (48) (2/03) 2. Public Utility Structures and Buildings. (Electric, Gas, and Sanitary

Services (49)) (2/03)

D. Wholesale trade-nondurable goods (51) BUT EXCLUDING poultry and poultry products (5144), livestock (5154), farm-product raw materials, not elsewhere classified (5159), chemicals and allied products (516), tobacco and tobacco products (5194), and nondurable goods, not elsewhere classified. (5199) (2/03)


E. Wholesale trade-durable goods (50) BUT EXCLUDING automobiles and other motor vehicles (5012), lumber and other construction materials (503), coal and other minerals and ores (5052), construction and mining machinery and equipment (5082) and scrap and waste materials. (5093) (2/03)

F. The uses listed in above A through D, excluding B(1) shall:

1. Be within an enclosed building; and (2/03) 2. Permit retail sales of products manufactured on the site. (2/03)

G. Services

1. Computer and data processing services. (737) (2/03) 2. Research and development laboratories. (2/03) 3. Management, consulting, and public relations services. (Management and

Public Relations Services (874) (2/03) 4. Noncommercial educational, scientific, and research organizations. (2/03)

H. Office Uses:

1. Any use allowed in Section 2.108, Commercial Office excluding those

residential uses listed in Section 2.108.02A, B, C, PP, and RR and parking lots U. (2/03)

I. Finance, Insurance, and Real Estate;

1. Commercial and Stock Savings Banks. (602) (2/03) 2. Mutual Savings Bank. (2/03) 3. Savings and Loan Associations. (603) (2/03) 4. Personal Credit Institutions. (614) (2/03)

J Public Administration; (2/03)

1. Fire Protection. (9224) (2/03)

K. Retail trade;

1. Eating and drinking places. (2/03)


L. Services;

1. Hotels, motels, and tourist courts. (2/03) 2. Child daycare services Day care facility. (2/03) 3. Membership sports and recreation clubs. (2/03) 4. Amusement and recreation (79), BUT EXCLUDING golf courses (7992)

and amusement parks (7996). (2/03) 5. Motion pictures (78), BUT EXCLUDING drive-in motion picture theaters

(7833). (07/06)

6. Public and private sports facilities including but not limited to stadiums,

arenas, ice rinks, parks, and aquatic facilities. (2/03) 7. Miscellaneous services, including pest control (7342). (2/03)

M. Transit facilities (Section 2.305) (05/09)

N. Flexible Space Uses. (2/03)

1. The following flexible space uses, when restricted, developed, and conducted as required in subsection 2 below, are permitted as industrial business park uses within the EG zone:

a. Food Stores (54). (2/03) b. Apparel and Accessory Stores (56). (2/03) c. Furniture, Home Furnishings and Equipment Stores (57). (2/03) d. Miscellaneous Retail; BUT EXCLUDING used merchandise stores

(59). (2/03) e. Business Services. (2/03) f. Miscellaneous Repair Services. (2/03)

2. In the Keizer Station where Flexible Space uses are to be developed as

industrial business park uses within the EG zone, the following development limits apply; (2/03)

a. No single building shall be more than 25,000 square feet in area,

with no more than 10,000 square feet to be utilized for any individual use listed in subsection (L)(1)(a) – (d). (2/03)


b. The aggregate floor area for uses devoted to food stores (54), apparel and accessory stores (56), furniture, home furnishings, and equipment stores (57), and miscellaneous retail (59) shall not exceed two percent of the total land area in the acreage identified for IBP uses within the EG zone. The acreage identified for IBP uses within the EG zone is defined as parcel or area of land used for IBP use land development including building site, parking, landscaping, drainage facilities and any other development on site to support the use on site. (2/03)

c. The area developed in all flexible space uses shall in the aggregate

not exceed 30 percent of the gross area of the acreage identified for IBP uses within the EG zone. (2/03)

d. Any outdoor storage area shall:

1) Be no more than 3,000 square feet per building and shall not be aggregated with the storage of another building; (2/03)

2) Be enclosed with a sight-obscuring fence or wall; (2/03) 3) Have at least one side conterminous with the building that it

serves; (2/03) 4) Have no opening within fifty feet and visible from any

property boundary; and (2/03) 5) Meet the other applicable requirements of this ordinance.

(2/03) e. Loading doors shall have no opening within 75 feet and visible from

any street or property boundary. (2/03)

f. All buildings shall be capable of being redeveloped as flexible industrial space. (2/03)

2.119.04 Special Permitted Industrial Uses A. Accessory structures and uses prescribed in Section 2.203 are permitted

when developed in conjunction with a use listed in Section 2.119.03 under the applicable development standards in this Zoning Ordinance. (2/03)

B. Medical Marijuana Facilities (Section 2.433). (10/14) C. Marijuana Grow Sites (Section 2.433). (10/14)

D. Marijuana Retailer (Section 2.433). (1/16)


E. Marijuana Processor (Section 2.433). (1/16)

F. Marijuana Producer (Section 2.433). (1/16)

G. Marijuana Wholesaler (Section 2.433). (1/16)

2.119.05 Conditional Uses (Industrial Uses) The following uses may be permitted subject to obtaining a conditional use permit: A. Transit Stations (Section 2.429). (05/09)

2.119.06 Permitted Commercial Uses Commercial Development. The following uses, when developed under the applicable development standards in this Zoning Ordinance, are permitted in the EG zone on a maximum 75% gross acreage of the Village Center: (2/03) A. One or more buildings with one or more dwelling units or guest rooms,

and/or, one or more other uses allowed in this section on a lot. (2/03)

B. Residential homes and facilities. (2/03) C. Child day care service Day care facility, including Family day care provider.

(8351) (2/03) D. Public parks, playgrounds, community clubs including swimming, tennis and

similar recreational facilities, and other public and semi-public uses. (2/03) E. Landscape counseling and planning (0781). (2/03) F. Offices for any use listed in SIC Division C - Construction. (2/03) G. Commercial printing (275). (2/03) H. Transportation, Communication and Utilities. (2/03)

1. Public utility structures and buildings. (2/03) 2. Post office (43). (2/03) 3. Travel agency (4722). (2/03) 4. Communications (48). (2/03) 5. Transit Facilities (Section 2.305). (05/09)


I. Retail Trade. (2/03)

1. Building materials, hardware, retail nurseries, and garden supply (52), BUT EXCLUDING mobile home dealers (527). (2/03)

2. General merchandise stores (53). (2/03) 3. Food stores (54). (2/03) 4. Apparel and accessory stores (56). (2/03) 5. Home furniture, furnishings, and equipment stores (57). (2/03) 6. Eating and drinking places (58). (2/03) 7. Miscellaneous retail (59), BUT EXCLUDING fuel and ice dealers (598).

(2/03) 8. Electrical and lighting shops and office machines and equipment

stores. (2/03)

J. Business, Professional and Social Services. (2/03) 1. Finance, insurance and real estate (60, 61, 62, 63, 64, 65, 67). (2/03) 2. Hotels, motels and tourist courts (701). (2/03) 3. Organization hotels and lodging houses on membership basis (704).

(2/03) 4. Personal services (72) BUT EXCLUDING industrial launderers (7218).

(2/03) 5. Business services (73) BUT EXCLUDING disinfecting and exterminating

services (7342). (2/03) 6. Parking lots in accordance with Section 2.303.04 of this Ordinance.

(7521) (2/03) 7. Miscellaneous repair services (76). (2/03) 8. Motion pictures (78), BUT EXCLUDING drive-ins (7838). (2/03) 9. Amusement and recreation (79), BUT EXCLUDING golf courses (7992)

and amusement parks (7996). (2/03) 10. Health services (80), BUT EXCLUDING hospitals (806). (2/03)


11. Legal services (81). (2/03) 12. Elementary and secondary schools (8211). (2/03) 13. Correspondence schools and vocational schools (824). (2/03) 14. Schools and educational services not elsewhere classified (829). (2/03) 15. Social services (83). (2/03) 16. Museums, art galleries, botanical and zoological gardens (84). (2/03) 17. Membership organizations (86). (2/03) 18. Miscellaneous services (89). (2/03)

K. Public Administration (91 - 97). (2/03)

2.119.07 Special Permitted Commercial Uses The following uses, when developed under the applicable development standards in the Ordinance and special development requirements, are permitted in the EG zone: (2/03) A. Accessory structures and uses prescribed in Section 2.203 are permitted when

developed in conjunction with a use listed in Section 2.119.05 under the applicable development standards in this Zoning Ordinance. (2/03)

B. The following special uses subject to the applicable standards in Section 2.4

and shall be considered commercial uses in the EG zone: (2/03)

1. House of Worship (Section 2.423). (2/03) 2. Veterinary services (074) (Section 2.414). (2/03)

3. Funeral service and crematories (726) (Section 2.415). (2/03)

4. Used Merchandise Store (Section 2.417). (2/03)

5. Service stations (554) (Section 2.419) (2/03)

6. Automobile services (75) (Section 2.420) BUT EXCLUDING automotive

rental and leasing, without drivers (751), automotive repair shops (753), automotive repair (754). (2/03)

7. Commuter Rail Station (2/03)


2.119.08 Conditional Uses (Commercial Uses) The following uses may be permitted subject to obtaining a conditional use permit: A. Transit Station (Section 2.429). (05/09)

2.119.09 Use Restrictions A. The following uses are prohibited to be established in the EG zone: (2/03)

1. Farm Use. (2/03) 2. The rendering, processing, or cleaning of animals, fish, seafood's, fowl,

poultry, fruits, vegetables, or dairy products for wholesale use. 3. Vehicle sales and secondary repair. 4. General Storage, including boat and RV storage. 5. Recreational vehicle parks (7033). 6. Automotive Dealers (55). 7. Automotive rental and leasing, without drivers (751). 8. Automotive repair shops (753). 9. Automotive services, except repair (754).

B. A limitation of the total floor area of specified uses applies to all of Area A –

Village Center of the Keizer Station Plan. A maximum total floor area shall apply to the uses identified in Sections 2.119.03 (K) and 2.119.06 (I). This maximum floor area is set forth in the Keizer Station Plan, however this maximum floor area may change as part of an approved master plan or amended master plan. (06/10)

2.119.10 Development Standards A. Purpose. The Keizer Station Plan requires the development of Master Plans for

each of the four areas. This process provides the City Council with an opportunity to review development proposals in conformance with the Keizer Development Code and the adopted Keizer Station Plan. Master Plans for each sub-area are required to meet the criteria identified in Section 3.113 of the Code.

B. Master Plan Required. A master plan must be reviewed and approved by the City

Council prior to subdivision platting or development. The Master Plan shall be reviewed through a Type II-B review process in accordance with this Section. It is


recognized that the applicant of the master plan for the area may not own or control all the land within the master plan boundary. The master plan shall still cover the entire EG zone. For those portions not owned or controlled by the applicant, the Master Plan shall focus on a cohesive interconnected system of planned public facilities and shall set general guidelines to be used throughout the Master Plan area. Subdivision approval shall be based upon the zone and Section 3.108 as applicable.

1. The Master Plan will be developed and considered in accordance with the

requirements of the Activity Center Overlay provisions (Section 2.125 of the Keizer Development Code). Once a Master Plan is adopted, the proposed development of each use shall be reviewed through Development Review as required in Section 2.315 of the Keizer Development Code. In the case of conflicts between the Keizer Station Plan and the Keizer Development Code, the Keizer Station Plan standards will apply.

2. The Master Plan shall include a detailed transportation system design plan

for the EG zone. The location of transit facilities shall conform to Section 2.305 of the Code.

2.119.11 Dimensional Standards A. Purpose. The lot size standards promote new lots and parcels with sizes and

shapes that are practical to assemble and develop. The standards are intended to prevent the creation of small lots or parcels, which are difficult to develop or to aggregate with other lots or parcels. The standards also discourage narrow lots or parcels, which increase demand for curb cuts. The EG zone is specifically designed for the property Contained in Area A – Village Center in the Keizer Station Plan. Uses in the gross acreage described shall be developed as a maximum seventy-five percent (75%) commercial uses listed in Sections 2.119.05 and .06 and a minimum twenty-five percent (25%) industrial uses listed in Sections 2.119.03 and 04. Uses shall be established in conformity with this Section and all other applicable regulations within the Keizer Development Code. Therefore, the division of such ground shall be approved to the standards in subsection 2.119.09.B. below. (07/06)

B. Minimum Lot Dimension Requirements.

1. Unless exempted under Section (4) below, within the acreage identified for commercial uses, at least eighty percent (80%) of the area of lots or qualified abutting lots must meet Standard A stated in the table within this subsection and the remainder lots or parcels must meet Standard B. (07/06)

2. Unless exempted under Section (4) below, within the acreage identified for

industrial uses, at least eighty percent (80%) of the area of lots or qualified abutting lots must meet Standard C stated in the table within this


subsection and the remainder of the lots or parcels must meet Standard D. (07/06)

3. Qualified abutting lots: a. Qualified abutting lots are defined as lots or parcels having the

same classification as either all industrial or all commercially designated lands, that abut one another on at least one side and where there is no plan or proposal for curb cuts that would otherwise not be allowed if each individual lot was required to meet the dimensional standards of this Section. Qualified abutting lots may be considered in the aggregate as if they were a single whole lot for purposes of determining such qualified abutting lots’ compliance with the dimensional standards of this Section. Qualified abutting lots may be considered in the aggregate as if they were a single whole lot for purposes of classification of such qualified abutting lots under Section A, B, C, or D below. (07/06)

b. In the absence of the approval of a variance, for purposes of determining compliance with the dimensional standards below, any groups of qualified abutting lots shall consist of no more than four (4) individual lots or parcels. (07/06)

4. Exempt Lots, Parcels or Tracts. Lots, parcels or tracts created only for the purposes of providing a right-of-way or dedicated utilities, public drainage facilities or open space are exempt from the lot size and shape standards of this section. Lots, parcels, or tracts that are less than one acre in size, the perimeter of which is 80% or more surrounded by existing public rights of way or land that has previously been dedicated to the public for public access purposes are exempt from the classification standards and dimensional standards in the chart in the section that immediately follows. (07/06)


Development Type

Lot or Qualified

Abutting Lots Standard

Minimum Lot or Qualified

Abutting Lots Area

Minimum Average Width

of individual Lot or of Qualified

Abutting Lots*

Minimum Average Depth of individual Lots or of Qualified Abutting

Lots*

COMMERCIAL (2.119.05 & .06)

Standard A 20,000 sq. ft. 100 ft. 100 ft.

Standard B 10,000 sq. ft. 75 ft. 75 ft.

INDUSTRIAL (2.119.03 & .04)

Standard C 3 acres 350 ft. 350 ft.

Standard D 1 acre 150 ft. 150 ft.

*Note: by definition, Qualified Abutting lots are lots or parcels of the same use type designation – either commercial or industrial – that may be considered as if they are single lot or parcel for purposes of determining compliance with applicable dimensional standards and to determine classification as Standard A-D under this chart.


A. Height, Setback, Coverage, and Landscaping Requirements (07/06)

Development Type

Building Standards

Building Setbacks

Minimum

Landscaping

Maximum Height

Maximum

Lot or parcel

Coverage

Street-side

Side/Rear

Not Adjacent to Residential

zone

Adjacent

to Residential

zone

Percentage

of Lot or parcel Area

Min

Max

Commercial (2.119.05 & .06)

100 ft.

(1)

85% (2)

10 ft.

20 ft. (3)

None

40 ft.

15%

(5)(6)

Industrial (2.119.03 & .04)

100 ft. / 15ft.

within 50 of any

residential zone (1)

80% (2)

10 ft.

None

None

40 ft.

20%

(5)(6)


(1) Height Exceptions. Exceptions to the maximum height standard are stated

below. a. Projections allowed. Chimneys, flag poles, satellite receiving

dishes, and other items similar with a width, depth, or diameter of 5 feet or less may rise 10 feet above the height limit, or 5 feet above the highest point of the roof, whichever is greater. If they are greater than 5 feet in width, depth, or diameter, they are subject to the height limit.

b. Rooftop mechanical equipment. All rooftop mechanical equipment must be set back at least 15 feet from all roof edges that are parallel to street lot lines. Elevator mechanical equipment may extend up to 16 feet above the height limit. Other rooftop mechanical equipment, which cumulatively covers no more than 10 percent of the roof area may extend 10 feet above the height limit.

c. Radio and television antennas, utility power poles, and public safety facilities are exempt from the height limit.

(2) Maximum lot coverage allowed for buildings, accessory structures and paved parking.

(3) Alternative maximum setback option for large commercial uses.

a. Purpose. The intent of these regulations is to allow significantly deeper street setbacks for very large retail stores locating along transit street or street in a pedestrian district in exchange for a pedestrian and transit-friendly main street type of development. These large commercial sites can still be transit-supportive and pedestrian-friendly by placing smaller commercial buildings close to the street and by creating an internal circulation system that is similar to streets to separate the parking area into blocks. The intent is to encourage development that will, over time, form a pedestrian-friendly main street along the perimeter of the parking blocks. (2/03)

b. Regulation. Commercial buildings that exceed 100,000 square feet of floor area are exempt from the maximum setback requirements identified in Section 2.119.10.A. provided the pedestrian system connects buildings on the site to all adjacent properties. (2/03)

(4) Landscaping. All required yards, except driveways, are required to be landscaped; that portion within the required yard, which is landscaped, may be included in the calculation to meet minimum landscape area requirements. Landscaping shall meet all applicable standards identified in Section 2.309 of the Keizer Development Code. In addition to landscaping provisions identified in Section 2.309, landscaping for properties within the EG zone shall be defined as follows: (07/06)


“Landscaped Area” must be native or non-native trees, vegetation, ponds, rocks, ground cover, bark chips, cinders, terraces, vegetable or flower gardens, trellises, pathways, or structural features including but not limited to fountains, reflecting pools, outdoor art work, screen walls, fences and benches, which reasonably requires and continues to reasonably require human management to distinguish the area from a natural area. (07/06)

Within the EG zone, landscape area requirements may be determined by the City Council to have a portion of landscaped or streetscaped area within the right-of-way to be included within the minimum landscape area requirement. (2/03)

(5) Streetscaping. Streetscaping is defined as pedestrian oriented

improvements to property. Streetscaping may include, but is not limited to, walkways with varied materials (other than plain concrete or asphalt), art features, water features, planters, benches, hanging plant baskets, and plazas. (07/06) (a) In accordance with Section 3.113 Keizer Station Master Plan

Review, at the time of master plan approval by the Council, the Council may determine if streetscaped areas may be included in the minimum landscape area for a proposed development. (2/03)

(6) Parking (a) Averaging. KSP areas are master planned and as such are

designed to be both planned and developed as a whole. Shared parking is encouraged in master planned areas. Therefore, parking within the KSP areas subject to a master plan, shall be deemed to meet the maximum and the minimum parking requirements set forth in the City’s code so long as a parking plan is approved that contains a total number of parking spaces which is neither above the aggregate maximums nor below the aggregate minimums which result when parking requirements for the individual uses within the parking plan are calculated separately and the resulting maximums and minimums are totaled. (07/06)

(b) Modify or waive off-street parking standards. The applicant may request a modification to or waiver of parking standards based on a parking impact study. The study allows the applicant to propose a reduced parking standard based on estimated peak use, reductions due to easy pedestrian accessibility; availability of transit service, and likelihood of carpool use; and adjacent on-street parking. The parking study is subject to review and approval or modification by the City. (07/06)


B. Design Standards. All development in the EG zone shall comply with applicable standards in Section 2.315 of the Keizer Development Code, in addition to the standards below: (07/06) 1. Exterior Display, Storage, and Work Activities.

a. Exterior display and storage is allowed. Exterior display and storage shall not be located within required setbacks nor required landscaped areas. Exterior display and exterior storage areas shall not be located within 100 feet of any property line within 60 feet of a residential zone. (2/03)

b. Exterior work activities are allowed in the areas identified for industrial development. Exterior work activities shall not be located within required setbacks nor required landscaped areas. Such exterior work activities shall not be located within 100 feet of any property line within 60 feet of a residential zone. (2/03)

2. All development must comply with the applicable standards identified in the Keizer Development Code including, but not limited to, the following: (2/03)

Section 2.125 Activity Overlay Zone Section 2.3 General Development Standards Section 2.301 General Provisions Section 2.302 Street Standards Section 2.303 Off-Street Parking and Loading Section 2.305 Transit Facilities Section 2.306 Storm Drainage Section 2.307 Utility Lines and Facilities Section 2.308 Signs Section 2.309 Site and Landscaping Design Section 2.310 Development Standards for Land Divisions Section 2.312 Yard and Lots Standards Section 2.315 Development Standards Section 2.4 Special Uses


2 . 3 03 O F F -S T R EE T PAR K I N G AN D LO AD I N G

2.303.01 Purpose The purpose of this Section is to provide standards to ensure adequate areas for the parking, maneuvering, loading and unloading of vehicles and bicycles for all land uses in the City of Keizer. (12/15)

2.303.02 Scope The provisions of this Section shall apply to the following types of development: (5/98) A. New Building. Any new building or structure erected after the effective date of

this Ordinance. (5/98) B. Expansion. The construction or provision of additional floor area, seating

capacity, or other expansion of an existing building or structure. (5/98) C. Change in Use. A change in the use of a building or structure which would

require additional parking spaces or off-street loading areas under the provisions of this Section. (5/98)

2.303.03 General Provisions Off-Street Parking and Loading A. Owner Responsibility. The provision and maintenance of off-street parking and

loading space is a continuing obligation of the property owner. No building permit shall be issued until plans are presented that show property that is and will remain available for exclusive use as off-street parking and loading space. The subsequent use of property for which the building permit is issued shall be conditional upon the unqualified continuance and availability of the amount of parking and loading space required by this Ordinance. (5/98)

B. Additional Parking Required Prior to Occupancy. Should the owner or occupant

of any lot or building change the use to which the lot or building is used, thereby increasing off-street parking and loading requirements, it shall be unlawful and a violation of this ordinance to begin or maintain such altered use until such time as the increased off-street parking and loading requirements are observed. (07/06)

C. Interpretation by Administrator. Requirements for types of buildings and uses

not specifically listed herein shall be determined by the Zoning Administrator based upon the requirements of comparable uses listed and expectations of parking and loading need. The Zoning Administrator shall have the authority to make adjustments based on parking demand analysis prepared by an applicant. (07/06)

Keizer Development Code - May 1998 (Revised 12/15) 2.303 OFF-STREET PARKING AND LOADING 1

D. Combined Uses. In the event several uses occupy a single structure or parcel of land, the total requirements for off-street parking shall be the sum of the requirements of the several uses computed separately, unless a reduction is approved for shared parking pursuant to Subsection 2.303.05. (5/98)

E. Use of Parking Spaces. Required parking spaces shall be available for the

parking of operable passenger automobiles of residents, customers, patrons or employees only, and shall not be used for storage of vehicles or materials including solid waste collection containers. Garages for single family and duplex dwelling units shall not be counted in determining required parking spaces. (5/98)

F. Drainage. All new parking areas and expansion of existing parking areas shall

provide a storm drainage system to dispose of runoff generated by the impervious surface. Provisions shall be made for the on-site collection, storage, conveyance, and treatment of drainage water, to prevent sheet flow of such water onto sidewalks, public rights of way, and abutting properties. The drainage system shall be approved by Keizer Public Works Department prior to construction and shall be constructed in accordance with the city’s storm water management regulations. (12/15)

2.303.04 Location and Use Provisions Off-street parking and loading areas shall be provided on the same lot with the main building or structure or use except that: (5/98) A. Residential Zone. In any residential zone, automobile parking areas may be

located on another lot if the lot is within 200 feet of the lot containing the main building, structure or use and a parking agreement is recorded. A copy of such recorded agreement shall be provided to the city. Tandem parking (stacking two cars end to end in a private drive way) shall be an acceptable method of meeting parking requirements. (12/15)

B. Non-residential Zone. In any non-residential zone, the parking area may be

located off the site of the use if it is within 500 feet of such site and a parking agreement is recorded. A copy of such recorded agreement shall be provided to the city. (12/15)

C. Accessory Parking Use, Non-residential. Parking of vehicles in a structure, or

outdoors, is a permitted accessory or secondary use in non-residential zones. (07/06)

D. Accessory Parking Use, Residential. Parking of vehicles in a structure or

outdoors is a permitted accessory use in conjunction with a dwelling in any zone provided: (5/98)

1. All of the vehicles are owned by the owner or lessee of the lot. (5/98)

2 OFF-STREET PARKING AND LOADING 2.303 Keizer Development Code May 1998 (Revised 12/15)

2. Vehicles parked outdoors in a residential zone may be parked in a space

within the front yard meeting the requirements for required parking in this Section. (12/15)

3. Vehicles parked on a lot in a residential zone shall be for the personal

use of the occupants of the dwelling. One vehicle used in conjunction with a home occupation or other employment may be parked on the lot provided it complies with the provisions in Section 2.407.G. (12/11)

4. A parking plan must be approved for all development not served by a

public street or for development served by any public street that does not include parking on both sides of the street. The parking plan shall illustrate how minimum parking requirements will be met for all newly created lots.

E. Yard Parking Restrictions. No parking of vehicles, trailers, boats, or recreational

vehicles shall be allowed in a front yard except on a driveway. (12/15)

F. Storage Restrictions. Side and rear yards may be used for storage and parking of vehicles, trailers, boats, and recreational vehicles. Storage and parking areas shall be screened by a six foot high fence, wall, or hedge. Storage and parking areas shall be either durable hard surface or gravel surface consistent with the requirements in Section 2.413 (Recreational Vehicle Storage – Single Family Homes). The fence, wall, or hedge shall comply with the provisions regarding the location for fences and maintaining a vision clearance area. (12/15)

2.303.05 Joint Use Parking area may be used for a loading area during those times when the parking area is not needed or used. Parking areas may be shared subject to Zoning Administrator’s approval for commercial and industrial uses where hours of operation or use are staggered such that peak demand periods do not occur simultaneously. Such joint use shall not be approved unless satisfactory legal evidence is presented which demonstrates the access and parking rights of parties. (07/06)


2.303.06 Off-Street Automobile Parking Requirements Off-street parking shall be provided in the amount not less than listed below. (5/98) A. Parking Requirements

LAND USE ACTIVITY SPACES** HOW MEASURED*

Single Family and Duplex 2 per dwelling unit

Single family dwellings having their access via an access easement, on a street restricting on-street parking, or a flag lot shall provide three on-site parking spaces.

3 Per dwelling unit

All other multi-family types: 1 bedroom unit 2 or more bedroom unit

1+ 1.5+

+ Plus 1 space per 10

units for visitor parking

Hotel, motel, Bed and Breakfast 1 Per guest room

Club, lodge Combination of heaviest uses being conducted: hotel, restaurant, etc.

Hospital 1 Per 2 beds

Nursing home, convalescent home, Memory care

1 Per 3 beds

Senior living facility, assisted living facility

To be determined through review process

Health service, medical or doctor’s office, non-profit shelter providing emergency housing and associate services

1 Per 350 square feet

House of worship, auditorium, stadium, theater

1 Per 4 seats or every 8 feet of bench length

Park, special event As determined through conditional use/master plan or city council review


Elementary, middle school 2 +1 Per classroom + per 350 sq ft of administrative office

High school 1 + 1 + 1 Per classroom + per 10 students + per 350 sq ft of administrative office

Family day care provider, Day care facility

1 in addition to required

single family parking

2

Up to 12 children More than 12 children

Preschool, nursery 1 Per each employee plus 1 space per room

Bowling alley, skating rink, community center, recreation facility


Golf Course 4 Per green

Theater for movies or plays 1 Per 3 seats

Tennis courts, racquetball courts 2 Per court

Retail store 1 Per 300 square feet

Personal Service 1 Per 350 square feet

Service repair center; retail store handling bulky merchandise (e.g. furniture, home furnishing, major equipment), home appliance, television, electronic equipment


Dry cleaner 1 Per 1000 square feet

Laundromat 1 Per 300 square feet

Bank, credit union 1 Per 400 square feet

Office used for real estate, lawyer, insurance brokers


General Office (non-medical) 1 Per 500 square feet

Eating and drinking establishment 1 Per 125 square feet

Wholesale establishment 1 Per 2,000 square feet

Government offices open to the public



Wireless telecommunication facility

1 Per facility

Industrial, manufacturing, processing (0 - 24,999 sf)

1 Per 1,000 square feet

Industrial, manufacturing, processing (25,000 - 49,999 sf)






Industrial, manufacturing, processing (200,000 sf and over)


Warehousing and storage terminals 0 - 49,999 sf


Warehousing and storage terminals 50,000 sf and over


*Square footage = Gross floor area. (12/15) **Totals shall be rounded up to the next whole number B. Parking Reduction

The number of minimum required parking spaces may be reduced by up to 10% if the site is served by transit and transit related amenities such as transit stops, pull-outs, shelters, park and ride lots, are provided or will be provided as part of the development of the site. (12/15)

C. Parking Increase

The number of minimum required parking spaces shall not be increased by more than 50% unless a property owner provides a parking demand analysis which documents that a greater amount is necessary to serve the needs of those who will use the parking facility and is accepted by the Community Development Director. (12/15)

3rd Parking Space on Alley


Bicycle Parking Standards

2.303.07 Standards for Disabled Person Parking Spaces

Disabled Person Parking Spaces shall comply with the requirements of the Uniform Building Code and ODOT standards. (5/98)

2.303.08 Bicycle Parking A Bicycle Parking Required. Bicycle Parking shall be required in all public and

semi-public, commercial, multi-family, and industrial development as well as park-and-ride lots. Bicycle parking shall be based on the amount of automobile parking required. In addition to a required one bicycle parking space, bicycle parking spaces shall be calculated at five percent of the amount of the automobile parking spaces which are required and all fractions are rounded up the next whole number. (12/15)

B. Bicycle Parking Development Requirements

1. Space Size. Each bicycle parking space shall be a minimum of six feet long and two feet wide and be accessible by a minimum four foot aisle. (5/98)

2. Location. All bicycle parking areas shall be within 50 feet of a building entrance and located within a well-lit area. Bicycle parking areas shall be separated by a physical barrier or sufficient distance to protect parked bicycles from damage by automobiles. (12/15)

3. Rack Design. Bicycle racks must be designed to secure the bicycle frame and at least one wheel, and, accommodate a locking device. Racks, lockers or other related facilities shall be securely anchored to the ground or to a structure. As an alternative, the bicycle spaces can be provided within a secured compound. Fixed objects which are intended to serve as bicycle parking facilities but which are not obviously designed for such purposes shall be clearly labeled as available for bicycle parking. (12/15)

4. Access. Access to a public right-of-way and pedestrian access from the bicycle parking area to the building entrance must be provided. (5/98)

3rd Parking Space in Parking Bay


C. Exemptions The following uses are exempt from the bicycle parking requirements: (5/98)

1. Seasonal or temporary businesses. (5/98)

2. Wireless telecommunication facilities, and other utilities (12/15)

2.303.09 Carpool and Vanpool Parking New office or industrial development with 100 or more parking spaces shall designate at least 5% of the parking spaces for carpool or vanpool parking. These designated spaces shall be the closest parking spaces to the building entrance normally used by employees, with the exception of handicapped parking spaces. The carpool/vanpool spaces shall be clearly marked "Reserved - Carpool/Vanpool Only" along with specific hours of use. Any other use establishing car and vanpool spaces may reduce the minimum parking requirement by 3 spaces for each carpool/vanpool space created. (5/98)

2.303.10 Off-Street Loading Requirements Off-street loading space shall be provided as listed below: (5/98)

A. Commercial Office. Commercial office buildings shall require a minimum loading space size of 12 feet wide, 20 feet long and 14 feet high in the following amounts: for buildings over 5,000 square feet of gross floor area, 1 space; for each additional 40,000 square feet of gross floor area, or any portion thereof, 1 space. (5/98)

B. Commercial and Industrial. All other commercial or industrial buildings shall require a minimum loading space of 12 feet wide, 30 feet long, and 14 feet high in the following amount: for buildings containing over 5,000 square feet of gross floor area, 1 space; for each additional 40,000 square feet of gross floor area, or any portion thereof, 1 space. (5/98)

2.303.11 Parking and Loading Area Development Requirements All Parking and loading areas shall be developed and maintained as follows:

A. Surfacing. All driveways, parking and loading areas shall have a durable, hard,

dust free surface such as asphalt, concrete, or pavers (segmented bricks). Temporary or over-flow parking areas may be allowed on a case by case basis subject to Public Works and Community Development approval to be exempt from this requirement. Over-flow is defined as being on an infrequent or occasional basis and is in addition to parking that already exists on the site. Temporary is less than two years in duration. (12/15)


B. Parking Spaces

1. Dimensions. Parking spaces shall be a minimum 9 feet wide and 18 feet in length.

2. Compact Spaces. Compact parking spaces, at a reduced width of 8.5

feet, and 16 feet in length, shall be permitted on sites with more than five (5) parking spaces. No more than 30% of the required parking shall be compact spaces and each space must be identified as a "Compact Space." (12/15)

C. Aisle The following minimum aisle dimensions shall apply: (5/98)

1. Without adjacent parking: a. Single family residence: 12 feet b. One-way: 12 feet c. Two-way: 22 feet 2. With adjacent parking: (5/98)

PARKING ANGLE AISLE WIDTH

0 to 40 14 feet

41 to 55 15 feet

56 to 70 18 feet

71 to 90 24 feet

D. Screening. When any parking or loading area abuts a residential zone, the parking or loading area shall be screened or buffered as is required in Section 2.309.05. (07/06)

E. Lighting. All lighting shall be directed entirely onto the loading or parking area and away from any residential use. The lighting shall not cast a glare or reflection onto the public rights-of-way. (5/98)

Parking Lot Screening


Parking Lot Tree Siting Alternatives

Parking Lot Landscaping

F. Landscaping. A tree shall be planted for every eight lineal parking spaces not located adjacent to a building. Trees may be planted in clusters to screen or buffer the development if approved in the Landscaping plan. The planting space shall measure no less than 4 feet square and be surrounded by concrete curbing. The plant shall be of a species that the root system will not interfere with underground utilities or the parking surface, and, is capable of achieving a 15 foot radius. Trees may be planted within a storm drainage area subject to Public Works review and approval and provided that the selected tree species will not adversely impact the function of the storm drainage facility. (12/15)

G. Traffic Flow. Service drives to off-street parking areas shall be designed and constructed to allow flow of traffic, provide maximum safety of traffic access and egress and the maximum safety of pedestrians and vehicular traffic on the site. (5/98)

H. Entrance/Exits. Service drive exits shall have a minimum vision clearance area of 15 feet from the intersection of the street and driveway. (5/98)

I. Bumper Rails. Parking spaces along the outer boundaries of a parking area shall be contained by a curb or a bumper rail to prevent a motor vehicle from extending over an adjacent property, a street, or a sidewalk. The bumper shall be at least 4" high and located a minimum of 3 feet from the property line. (5/98)

J. Existing development may redevelop a portion of existing parking areas in

order to accommodate or provide transit-related amenities such as transit stops, pull-outs, shelters, and park and ride stations. The number of parking spaces may be reduced by up to 10% of the minimum required parking spaces for that use. (07/09)


CITY COUNCIL MEETING: February 16, 2016 AGENDA ITEM NUMBER:_________________ TO: MAYOR CLARK AND COUNCIL MEMBERS THROUGH: CHRISTOPHER C. EPPLEY, CITY MANAGER FROM: E. SHANNON JOHNSON, CITY ATTORNEY SUBJECT: ORDINANCE AMENDING THE KEIZER MEDICAL

MARIJUANA FACILITY PERMIT PROCESS The Council addressed medical marijuana facility issues in 2014 by allowing the use in specific zones and adopting a permit process with certain regulations. The Council recently addressed recreational marijuana retailer issues by allowing the use in specific zones and adopting a permit process with regulations similar to medical marijuana facilities. Council directed staff to move forward with amending the medical marijuana facility permit process to allow edibles if the Oregon Health Authority (OHA) has regulations relating to packaging and labeling. OHA is adopting regulations in this regard, and I have prepared an Ordinance allowing edibles for your review. The Ordinance attempts to follow the Council’s goal of keeping the permit processes similar for both recreational and medical marijuana establishments. The attached Ordinance also proposes revisions to the medical marijuana facility permit process as a result of the 2015 legislative session. For example, I have changed the definition of “Marijuana” to match up with the new state definition, added certain types of marijuana entities that cannot be co-located on the same tax lot, adjusted the definition of school to match up with the new state definition, and matched up the background check requirements with the new Keizer recreational Marijuana Retailer Ordinance. With regard to the “medible” issue, Section 6.K. contains the current prohibition; in the proposed Ordinance that prohibition would be deleted. I discuss this issue in more detail further in this staff report. If this Ordinance is adopted, some of the remaining differences between the recreational marijuana retailers and the medical marijuana facilities are as follows:

1. The Oregon Liquor Control Commission (OLCC) regulates the recreational marijuana and the Oregon Health Authority (OHA) regulates the medical marijuana facilities.

2. The age for a minor for recreational marijuana is 21 years of age under state law, compared to 18 years for medical marijuana.

3. I have revised the definition section of Facility and Medical Marijuana Facility to include Dispensary/Medical Marijuana Dispensary because the term “dispensary” is now used as a result of the 2015 legislative session.

4. “Handlers” are in the list of individuals who need to have background checks in the marijuana retailer permit process because that term is used under OLCC regulations. Handler is not a term used in the medical marijuana regulations.

5. In the medical marijuana facilities, minors are allowed if they have a patient card. Minors are not allowed in the marijuana retailers.

With regard to edible marijuana, the Council had previously indicated they wanted to revisit this issue in connection with medical marijuana to see if state rules had significant safeguards in place. With regard to recreational marijuana, the OLCC rules on edibles are both broad and significant. The rules require the packaging of edibles to be child-resistant and the labels must not be attractive to minors. The rules go into great detail with regard to these two issues. OHA’s labeling rules for medical marijuana are at this time temporary until June 28, 2016. However, the anticipation is that temporary rules will be made permanent at that time. The labeling rules generally require labels such as “BE CAUTIOUS – Cannabinoid Edibles can Take up to 2 Hours or More to Take Effect”, “For Use by OMMP Patients Only.” and “Keep Out of Reach of Children”, as well as a requirement that the labels not be attractive to children. OHA has packaging rules relating to edibles, but they are not as detailed as OLCC regulations at this time. Essentially, the current OHA rules require “medible” containers to be designed and constructed to be “significantly difficult for children under five years of age to open.” However, OHA’s proposed rules expand the packaging rules to state that a dispensary must comply with OLCC packaging rules. Such rules are to take effect on April 1, 2016. In short, OHA rules for medical marijuana edibles or “medibles” will require the medical marijuana facilities to follow OHA’s rules regarding labeling, but will require the packaging rules to follow OLCC rules. This is a slight improvement over the state’s confusing two-level system. If the Council is satisfied that the proposed rules have the significant safeguards you wish, then the attached Ordinance can be adopted. If the Council feels that the proposed state rules need to be improved, then Council can choose to wait on this issue.

Since the rules that will make the packaging regulations match up with OLCC do not take effect until April 1, 2016, I have put the effective date of Keizer’s amendment for April 1, 2016. Should the Council choose to do so, you could direct an emergency clause to take effect immediately, or have the normal thirty day effective date. RECOMMENDATION: Council should consider the attached Ordinance and take action as deemed appropriate. Please contact me if you have any questions. Thank you.

ORDINANCE NO. 2016-_______

Keizer City Attorney 930 Chemawa Road NE PO Box 21000 Keizer, Oregon 97307 503-856-3433

A BILL ORDINANCE NO. 1 2016-__________ 2 FOR 3 4 AN ORDINANCE 5 6 7

AMENDING ORDINANCE ADOPTING THE KEIZER MEDICAL 8 MARIJUANA FACILITY PERMIT PROCESS; AMENDMENT OF 9 ORDINANCE NO. 2014-702; REPEAL OF ORDINANCE NO. 2014-10 704 AND ORDINANCE NO. 2015-731 11

12 13

WHEREAS, the City Council of the City of Keizer has adopted Ordinance No. 14

2014-702 which adopts a Keizer Medical Marijuana Facility Permit Process; 15

WHEREAS, such Ordinance sets forth permit conditions; 16

WHEREAS, the Council amended Ordinance No. 2014-702 by adoption of 17

Ordinance No. 2014-704, Ordinance No. 2015-725, Ordinance No. 2015-731, and 18

Ordinance No. 2015-733; 19

WHEREAS, the Oregon Legislature enacted revisions in 2015 which require 20

amendments to the current permit process; 21

WHEREAS, the Council finds that it is appropriate to revise the permit process; 22

NOW, THEREFORE, 23

The City of Keizer ordains as follows: 24

Section 1. AMENDMENT OF SECTION 2.G. OF ORDINANCE NO. 2014-702. 25

Section 2.G. of Ordinance No. 2014-702 is hereby amended as follows: 26

G. “Facility or Facilities” means a Medical Marijuana Facility, 27



Medical Marijuana Facilities, Medical Marijuana Dispensary, or 1

Medical Marijuana Dispensaries. 2

Section 2. AMENDMENT OF SECTION 2.I. OF ORDINANCE NO. 2014-702. 3

Section 2.I. of Ordinance No. 2014-702 is hereby amended as follows: 4

I. “Marijuana” means the plant Cannabis family Cannabaceae, any part of 5

the plant Cannabis family Cannabaceae and the seeds of the plant Cannabis 6

family Cannabaceae. It does not include industrial hemp, as defined in ORS 7

571.300. 8

Section 3. AMENDMENT OF SECTION 2.K. OF ORDINANCE NO. 2014-702. 9

Section 2.K. of Ordinance No. 2014-702 is hereby amended as follows: 10

K. “Medical Marijuana Facility or Facilities” means a Medical 11

Marijuana Facility or Medical Marijuana Dispensary that is 12

registered by the Oregon Health Authority under state law and that 13

sells, distributes, transmits, gives, dispenses or otherwise provides 14

Medical Marijuana to qualifying patients. 15

Section 4. AMENDMENT OF SECTION 6.H. OF ORDINANCE NO. 2014-702. 16

Section 6.H. of Ordinance No. 2014-702 is hereby amended as follows: 17

H. The Facility must not be co-located on the same tax lot or within the 18

same building with any Marijuana social club, smoking club, grow site, 19

Marijuana Retailer, Marijuana Processor, Marijuana Producer, or 20

Marijuana Wholesaler. 21



Section 5. AMENDMENT OF SECTION 6.I. OF ORDINANCE NO. 2014-702. 1

Section 6.I. of Ordinance No. 2014-702 is hereby amended as follows: 2

I. A Facility shall not be located: 3

1) Within 1500 feet from any public elementary or secondary school 4

for which attendance is compulsory under ORS 339.020; 5

2) Within 1500 feet from any private or parochial elementary or 6

secondary school, teaching children as described in ORS 339.030(1)(a); 7

or 8

3) Within 1000 feet of any Public Property, not including right-of-way; 9

4) Within 1000 feet of another Medical Marijuana Facility or 10

Marijuana Retailer. 11

Such distances shall be measured between the closest points of the 12

respective lot lines. 13

Section 6. AMENDMENT OF SECTION 6.K. OF ORDINANCE NO. 2014-702. 14

The prohibition of Marijuana in edible form is deleted and Section 6.K. of Ordinance No. 15

2014-702 is hereby amended as follows: 16

K. [Reserved for Later Use.] 17

Section 7. AMENDMENT OF SECTION 6.M. OF ORDINANCE NO. 2014-702. 18

Section 6.M. of Ordinance No. 2014-702 is hereby amended as follows: 19

M. A Person with any felony convictions or a conviction of any drug 20

related misdemeanor (including, but not limited to those under ORS 475), 21



except for a conviction for the manufacture or delivery of marijuana if the 1

date of the conviction is two or more years before the date of the application 2

or renewal, may not (1) be an Operator, Company Principal, employee, 3

handler, or volunteer of a Facility; or (2) have a Financial Interest in the 4

Facility. 5

Section 8. REPEAL OF ORDINANCE NO. 2014-704 AND ORDINANCE NO. 6

2015-731. Ordinance No. 2014-704 (Amending Ordinance Adopting the Keizer Medical 7

Marijuana Facility Permit Process) and Ordinance No. 2015-731(Amending Ordinance 8

Adopting the Keizer Medical Marijuana Facility Permit Process) are hereby repealed in 9

their entireties. 10

Section 9. EFFECTIVE DATE. This Ordinance shall take effect April 1, 2016. 11

PASSED this day of , 2016. 12 13 SIGNED this day of , 2016. 14

15 16

_________________________________ 17 Mayor 18 19 _________________________________ 20 City Recorder 21

CITY COUNCIL MEETING: February 16, 2016 AGENDA ITEM NUMBER:_________________ TO: MAYOR CLARK AND COUNCIL MEMBERS THROUGH: CHRISTOPHER C. EPPLEY, CITY MANAGER FROM: E. SHANNON JOHNSON, CITY ATTORNEY SUBJECT: RESOLUTION AUTHORIZING CITY MANAGER TO SIGN

ENGINEERING SERVICES CONTRACT

The engineering services contract with William I. Peterson, Inc. expires on February 28, 2016. Staff recently conducted the Request for Qualifications (RFQ) process. Four engineering firms submitted qualifications. The Selection Committee carefully considered the qualifications of the applicants and chose AKS Engineering & Forestry, LLC based on the criteria in the RFQ. The attached Resolution authorizes the City Manager to sign an engineering services contract for a three year period with the possibility of two (2) two-year renewals. RECOMMENDATION: Adopt the attached resolution. If you have any questions in this regard, please contact me. Thank you. ESJ/tmh attachments

Resolution R2016-_____


CITY COUNCIL, CITY OF KEIZER, STATE OF OREGON 1 2 Resolution R2016-_____ 3 4

AUTHORIZING THE CITY MANAGER TO SIGN 5 ENGINEERING SERVICES CONTRACT WITH AKS 6 ENGINEERING & FORESTRY, LLC 7

8 WHEREAS, the City of Keizer has engaged Peterson Engineering for engineering 9

services since 1985 10

WHEREAS, hiring an outside engineering firm with in-depth experience is in the 11

best interests of the City; 12

WHEREAS, on November 13, 2015, a Request for Qualifications was issued by 13

the City; 14

WHEREAS, four submittals were received. The City’s evaluation committee 15

determined that AKS Engineering & Forestry, LLC submitted the best submittal and 16

recommended that the City negotiate the rates with AKS Engineering & Forestry, LLC; 17

WHEREAS, rate negotiations commenced and were successfully agreed to; 18

WHEREAS, the City Council wishes to engage the services of AKS Engineering 19

& Forestry, LLC to perform the engineering services; 20

WHEREAS, AKS Engineering & Forestry, LLC wishes to serve as City Engineer; 21

WHEREAS, the City of Keizer and AKS Engineering & Forestry, LLC wish to 22

enter into a contract to provide for a clear understanding of the duties/expectations and 23

compensation for services rendered; 24



NOW, THEREFORE, 1

BE IT RESOLVED by the City Council of the City of Keizer that the City 2

Manager is authorized to sign the Engineering Services Contract, a copy of which is 3

attached as Exhibit “A” and by this reference incorporated herein. 4

BE IT FURTHER RESOLVED that this Resolution shall take effect immediately 5

upon the date of its passage. 6

PASSED this __________ day of _________________, 2016. 7 8 SIGNED this __________ day of _________________, 2016. 9

10 11

_________________________________ 12 Mayor 13 14 _________________________________ 15 City Recorder 16

COUNCIL MEETING: February 16, 2016 AGENDA ITEM NUMBER: _________ TO: MAYOR CLARK AND CITY COUNCIL MEMBERS THROUGH: CHRIS EPPLEY CITY MANAGER FROM: TRACY L. DAVIS, MMC CITY RECORDER/EVENT CENTER MANAGER SUBJECT: INITIATING BOWDEN MEADOWS STREET LIGHTING LOCAL

IMPROVEMENT DISTRICT ISSUE: Shall the City Council initiate Bowden Meadows Street Lighting Local Improvement District? DISCUSSION: A petition was filed on January 29, 2016 by the developer of Bowden Meadows to form a local improvement district for street lights in this area of Keizer. The petition contained the required signatures of the property owner as outlined by City of Keizer Ordinance 94-278. RECOMMENDATION: It is recommended that the City Council approve the Resolution Initiating Bowden Meadows Street Lighting Local Improvement District and direct the City Engineer to prepare a survey of the area.

CITY COUNCIL, CITY OF KEIZER, STATE OF OREGON 1 2 Resolution R2016-______ 3 4

DECLARING THE CITY'S INTENT TO INITIATE A STREET LIGHTING 5 LOCAL IMPROVEMENT DISTRICT (BOWDEN MEADOWS) AND DIRECTING THE CITY 6

ENGINEER TO MAKE A SURVEY AND FILE A WRITTEN REPORT WITH THE CITY 7 RECORDER 8

9 WHEREAS, the City Council of the City of Keizer has received a petition from the 10

developer to initiate a street lighting district in the Bowden Meadows development in the 11

City of Keizer, Oregon; and 12

WHEREAS, pursuant to City of Keizer Ordinance 94-278, the necessary signatures of 13

land owner comprising two-thirds of the property to be included within Bowden Meadows 14

Street Lighting District have requested the formation of the district; 15

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Keizer that: 16

1. The City Council declares its intent to initiate Bowden Meadows Street 17

Lighting Local Improvement District; 18

2. The map attached hereto, marked Exhibit “A”, and by this reference 19

incorporated herein sets forth the proposed boundaries of the district; 20

3. The City Engineer is hereby directed to make a survey of the District; 21

4. The City Engineer shall file a written report with the City Recorder on or 22

before March 21, 2016. 23

BE IT FURTHER RESOLVED that this Resolution shall take effect immediately upon 24

the date of its passage. 25

PASSED this day of _ , 2016. 26

SIGNED this day of _ , 2016. 27 28 ___________________________________ 29 Mayor 30 ____________________________________ 31 City Recorder 32

CITY COUNCIL MEETING: February 16, 2016 AGENDA ITEM NUMBER:_________________ TO: MAYOR CLARK AND COUNCIL MEMBERS THROUGH: CHRISTOPHER C. EPPLEY, CITY MANAGER FROM: E. SHANNON JOHNSON, CITY ATTORNEY SUBJECT: VERDA LANE AT CHEMAWA ROAD (ROUNDABOUT) This matter has been before the Council in the past. At those times, the Council authorized the Mayor to enter into the Local Agency Agreement Surface Transportation Program with Oregon Department of Transportation for the Verda Lane/Chemawa Road Roundabout and authorized the Mayor and City Manager to enter into the Intergovernmental Agreement (IGA) for Right of Way Services. The signed Local Agency Agreement Surface Transportation Program did not include costs for construction of the roundabout, but only the design. The IGA covered the acquisition of the property necessary for the roundabout. It is now time to amend the Local Agency Agreement to include costs for construction. In addition, the Oregon Department of Transportation (ODOT) believe it is appropriate to update the agreement to include new federal standards. ODOT has prepared such Amendment Number 01 and it is attached to the enclosed Resolution for your consideration. RECOMMENDATION: Adopt the attached Resolution Authorizing the Mayor and City Manager to Enter Into Amendment Number 01 to Local Agency Agreement Surface Transportation Program – Urban (Verda Lane at Chemawa Road). Please contact me if you have any questions in this regard. Thank you. ESJ/tmh



CITY COUNCIL, CITY OF KEIZER, STATE OF OREGON 1 2 Resolution R2016-_____ 3 4 5

AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER 6 INTO AMENDMENT NUMBER 01 TO LOCAL AGENCY 7 AGREEMENT SURFACE TRANSPORTATION PROGRAM – 8 URBAN (VERDA LANE AT CHEMAWA ROAD) 9

10 11

WHEREAS, Council adopted Resolution No. R2011-2154 authorizing the Mayor 12

and City Manager to enter into the Local Agency Agreement Surface Transportation 13

Program – Urban with Oregon Department of Transportation for the Verda Lane at 14

Chemawa Road Roundabout; 15

WHEREAS, the Oregon Department of Transportation believes that the 16

agreement should be amended to include construction costs and update it for new federal 17

standards; 18

WHEREAS, the Oregon Department of Transportation has prepared Amendment 19

Number 01 to include construction costs and update it to meet the new federal standards; 20

WHEREAS, the City’s obligation for this project will be paid from the Street 21

Fund; 22

NOW, THEREFORE, 23

BE IT RESOLVED by the City Council of the City of Keizer that the Mayor and 24

City Manager are hereby authorized to execute Amendment Number 01 to the Local 25

Agency Agreement Surface Transportation Program – Urban, a copy of which is 26



attached hereto and by this reference incorporated herein. The funds for the City’s match 1

for this project will be paid from the Street Fund. 2

BE IT FURTHER RESOLVED that this Resolution shall take effect immediately 3

upon the date of its passage. 4

PASSED this __________ day of _________________, 2016. 5 6 SIGNED this __________ day of _________________, 2016. 7

8 _________________________________ 9 Mayor 10

11 _________________________________ 12 City Recorder 13

Misc. Contracts and Agreements No. 27935

Key No. 17313

AMENDMENT NUMBER 01 LOCAL AGENCY AGREEMENT

SURFACE TRANSPORTATION PROGRAM – URBAN Verda Lane at Chemawa Road

City of Keizer This is Amendment No. 01 to the Agreement between the STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as “State,” and CITY OF KEIZER, acting by and through its elected officials, hereinafter referred to as “Agency.” The Parties entered into an Agreement on August 16, 2011.

It has now been determined by State and Agency that the Agreement referenced above shall be amended to update language and increase Project cost.

1. Effective Date. This Amendment shall become effective on the date it is fully executed and approved as required by applicable law.

2. Amendment to Agreement.

a. Attachment No. 1 – Special Provisions and Attachment No. 2 – Federal Standard Provisions shall be deleted in their entirety and replaced with the attached Revised Attachment No. 1 – Special Provisions and Revised Attachment No. 2 – Federal Standard Provisions. All references to “Attachment No. 1 – Special Provisions” and “Attachment No. 2 – Federal Standard Provisions” shall hereinafter be referred to as “Revised Attachment No. 1 – Special Provisions” and “Revised Attachment No. 2 – Federal Standard Provisions.

b. TERMS OF AGREEMENT, Paragraphs 1 through 3, Page 1, which read:

1. Under such authority, State and Agency agree to Agency replacing the current four (4) way stop at Verda Lane and Chemawa Road with a roundabout, hereinafter referred to as “Project.” The Project consists of the preliminary engineering and right of way phases. The location of the Project is approximately as shown on the detailed map attached hereto, marked “Exhibit A,” and by this reference made a part hereof.

2. The Project will be conducted as a part of the Federal-Aid Surface Transportation Program (STP) under Title 23, United States Code. The total Project cost is estimated at $550,000, which is subject to change. STP-Urban funds for this Project will be limited to $493,000. The Project will be financed with STP funds at the maximum allowable federal participating amount, with Agency providing the match and any non-participating costs, including all costs in excess of the available federal funds.

City of Keizer / State of Oregon – Dept. of Transportation Agreement No. 27935, Amendment No. 1

Page 2 of 16

3. The federal funding for this Project is contingent upon approval by the Federal Highway Administration (FHWA). Any work performed prior to acceptance by FHWA or outside the scope of work will be considered nonparticipating and paid for at Agency expense.

Shall be deleted in their entirety and replaced with the following:

1. Under such authority, State and Agency agree to Agency replacing the current four (4) way stop at Verda Lane and Chemawa Road with a roundabout, hereinafter referred to as “Project.” The Project consists of the preliminary engineering, right of way, and construction phases. The location of the Project is approximately as shown on the detailed map attached hereto, marked “Exhibit A,” and by this reference made a part hereof.

2. The Project will be conducted as a part of the Federal-Aid Surface Transportation Program (STP) under Title 23, United States Code. The total Project cost is estimated at $2,141,835, which is subject to change. STP-Urban funds for this Project will be limited to $1,921,700. The Project will be financed with STP funds at the maximum allowable federal participating amount, which is 89.73 percent, with Agency providing the 10.27 percent match for eligible costs and paying for any non-participating costs, including all costs in excess of the available federal funds.

3. State will submit the requests for federal funding to Federal Highway Administration (FHWA). The federal funding for this Project is contingent upon approval by the FHWA. Any work performed prior to acceptance by FHWA or outside the scope of work will be considered non-participating and paid for at Agency expense.

c. TERMS OF AGREEMENT, Paragraphs 14 and 15, Pages 3 and 4, which read:

14. State’s Project Manager for this Project is Mark Foster, Local Agency Liaison, ODOT, Highway Division, Region 2, 455 Airport Road SE, Building B, Salem, Oregon 97301-5395; telephone: (503) 986-2650; email: [email protected], or assigned designee upon individual’s absence. State shall notify the other Party in writing of any contact information changes during the term of this Agreement.

15. Agency’s Project Manager for this Project is Rob Kissler, Public Works Director, City of Keizer, PO Box 21000, Keizer, Oregon 97307; telephone: (503) 856-3554; email: [email protected], or assigned designee upon individual’s absence. Agency shall notify the other Party in writing of any contact information changes during the term of this Agreement.




Page 3 of 16

Shall be deleted in their entirety and replaced with the following:

14. State’s Project Manager for this Project is Lee Cronemiller, Local Agency Liaison, ODOT, Region 2, 455 Airport Road SE, Building B, Salem, Oregon 97301; phone: (503) 986-2779; email: [email protected], or assigned designess upon individual’s absence. State shall notify the other Party in writing of any contact information changes during the term of this Agreement.

15. Agency’s Project Manager for this Project is Bill Lawyer, Director, City of Keizer, Public Works Department, PO Box 21000, Keizer, Oregon 97307; phone: (503) 856-3555; email: [email protected], or assigned designee upon individual’s absence. Agency shall notify the other Party in writing of any contact information changes during the term of this Agreement.

d. Insert new TERMS OF AGREEMENT, Paragraphs 18 and 19, to read as follows:

18 a. Information required by 2 CFR 200.331(a), except for (xiii) indirect cost rate, shall be contained in the USDOT FHWA Federal Aid Project Agreement for this Project, a copy of which shall be provided by State to Agency with the Notice to Proceed.

b. The indirect cost rate for this Project at the time the Agreement is written is zero percent.

19. State and Agency hereto agree that if any term or provision of this Agreement is declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular term or provision held to be invalid.

3. Counterparts. This Amendment may be executed in two or more counterparts (by facsimile or otherwise) each of which is an original and all of which when taken together are deemed one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart.

4. Original Agreement. Except as expressly amended above, all other terms and conditions of the original Agreement are still in full force and effect. Agency certifies that the representations, warranties and certifications in the original Agreement are true and correct as of the effective date of this Amendment and with the same effect as though made at the time of this Amendment.




Page 4 of 16

THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing representatives have read this Agreement, understand it, and agree to be bound by its terms and conditions.

This Project is in the 2015-2018 Statewide Transportation Improvement Program (STIP), (Key No. 17313) that was adopted by the Oregon Transportation Commission on December 18, 2014 (or subsequently by amendment to the STIP).

SIGNATURE PAGE FOLLOWS


Page 5 of 16

CITY OF KEIZER, by and through its elected officials

By _____________________________ Mayor

Date ___________________________

By _____________________________ City Manager

Date ___________________________

APPROVED AS TO LEGAL SUFFICIENCY

By _____________________________ City Attorney

Date ___________________________ Agency Contact: Bill Lawyer, Director City of Keizer, Public Works Department PO Box 21000 Keizer, OR 97307 Phone: (503) 856-3555 Email: [email protected]

STATE OF OREGON, by and through its Department of Transportation

By _____________________________ Highway Division Administrator

Date ___________________________

APPROVAL RECOMMENDED

By _____________________________ Region 2 Manager

Date ___________________________

By _____________________________ Region 2 Planning and Development Manager

Date ___________________________

APPROVED AS TO LEGAL SUFFICIENCY

By _____________________________ Assistant Attorney General

Date ___________________________ State Contact: Lee Cronemiller, Local Agency Liaison ODOT, Region 2 455 Airport Road SE, Bldg. B Salem, OR 97301 Phone: (503) 986-2779 Email: [email protected]




Page 6 of 16

REVISED ATTACHMENT NO. 1

SPECIAL PROVISIONS

1. Agency, or the consultant, shall conduct the necessary field surveys, environmental studies, traffic investigations, foundation explorations, hydraulic studies, assist State with acquisition of necessary right of way and easements; obtain all required permits and arrange for all utility relocations/adjustments.

2. Upon State’s award of the construction contract, Agency, or the consultant, shall be responsible for all required materials testing and quality documentation; and prepare necessary documentation with State-qualified personnel, to allow State to make all contractor payments. Contract administration, construction engineering and inspection will follow the most current version of the ODOT Construction Manual and the ODOT Inspector’s Manual.

3. Agency guarantees the availability of Agency funding in an amount required to fully

fund Agency’s share of the Project. 4. State may make available the State’s On-Call Preliminary Engineering (PE), Design

and Construction Engineering Services consultant for Local Agency Projects upon written request. If Agency chooses to use said services, Agency agrees to manage the work performed by the consultant and reimburse State for payment of any consultant costs that are not eligible as federal participating costs or that are not included as part of the total cost of the Project.

5. State will perform work throughout the duration of the Project and shall provide a

preliminary estimate of State costs for this work. Prior to the start of each Project phase State shall provide an updated estimate of State costs for that phase. Such phases generally consist of Preliminary Engineering, Right of Way, Utility, and Construction. Agency understands that State’s costs are estimates only and agrees to reimburse State for actual cost incurred per of this Agreement.

6. State and Agency agree that the useful life of this Project is defined as 20 years.

7. If Agency fails to meet the requirements of this Agreement or the underlying federal regulations, State may withhold the Agency's proportional share of Highway Fund distribution necessary to reimburse State for costs incurred by such Agency breach. Agency will be ineligible to receive or apply for any Title 23, United States Code funds until State receives full reimbursement of the costs incurred.


STDPRO-2015.doc Rev. 04-28-2015 7

REVISED ATTACHMENT NO. 2

FEDERAL STANDARD PROVISIONS

PROJECT ADMINISTRATION

1. State (ODOT) is acting to fulfill its responsibility to the Federal Highway Administration (FHWA) by the administration of this Project, and Agency (i.e. county, city, unit of local government, or other state agency) hereby agrees that State shall have full authority to carry out this administration. If requested by Agency or if deemed necessary by State in order to meet its obligations to FHWA, State will act for Agency in other matters pertaining to the Project. Prior to taking such action, State will confer with Agency concerning actions necessary to meet federal obligations. Agency shall, if necessary, appoint and direct the activities of a Citizen’s Advisory Committee and/or Technical Advisory Committee, conduct a hearing and recommend the preferred alternative. State and Agency shall each assign a person in responsible charge “liaison” to coordinate activities and assure that the interests of both Parties are considered during all phases of the Project.

2. Any project that uses federal funds in project development is subject to plans, specifications and estimates (PS&E) review and approval by FHWA or State acting on behalf of FHWA prior to advertisement for bid proposals, regardless of the source of funding for construction.

3. Non-certified agencies must contract with State or a State certified local public agency to secure services to perform plans, specifications and estimates (PS&E), construction contract advertisement, bid, award, contractor payments and contract administration. Non-certified agencies may use a State-approved consultant to perform preliminary engineering, and construction engineering services.

PROJECT FUNDING REQUEST

4. State shall submit a separate written Project funding request to FHWA requesting approval of federal-aid participation for each project phase including: a) Program Development (Planning); b) Preliminary Engineering (National Environmental Policy Act - NEPA, Permitting and Project Design); c) Right of Way Acquisition; d) Utilities; and e) Construction (Construction Advertising, Bid and Award). Any work performed prior to FHWA’s approval of each funding request will be considered nonparticipating and paid for at Agency expense. Agency shall not proceed on any activity in which federal-aid participation is desired until such written approval for each corresponding phase is obtained by State. State shall notify Agency in writing when authorization to proceed has been received from FHWA. All work and records of such work shall be in conformance with FHWA rules and regulations.

FINANCE

5. Federal funds shall be applied toward Project costs at the current federal-aid matching ratio, unless otherwise agreed and allowable by law. Agency shall be responsible for the entire match amount for the federal funds and any portion of the Project, which is not covered by federal funding, unless otherwise agreed to and specified in the intergovernmental Agreement (Project Agreement). Agency must obtain written approval from State to use in-kind contributions rather than cash to satisfy all or part of the matching funds requirement. If federal funds are used, State will specify the Catalog of Federal Domestic Assistance (CFDA)


STDPRO-2015.doc Rev. 04-28-2015 8

number in the Project Agreement. State will also determine and clearly state in the Project Agreement if recipient is a subrecipient or vendor, using criteria in 2 CFR 200.330.

6. If the estimated cost exceeds the total matched federal funds available, Agency shall deposit its share of the required matching funds, plus 100 percent of all costs in excess of the total matched federal funds. Agency shall pay one hundred (100) percent of the cost of any item in which FHWA will not participate. If Agency has not repaid any non-participating cost, future allocations of federal funds or allocations of State Highway Trust Funds to Agency may be withheld to pay the non-participating costs. If State approves processes, procedures, or contract administration outside the Local Agency Guidelines Manual that result in items being declared non-participating by FHWA, such items deemed non-participating will be negotiated between Agency and State.

7. Agency agrees that costs incurred by State and Agency for services performed in connection with any phase of the Project shall be charged to the Project, unless otherwise mutually agreed upon by the Parties.

8. Agency’s estimated share and advance deposit.

a) Agency shall, prior to commencement of the preliminary engineering and/or right of way acquisition phases, deposit with State its estimated share of each phase. Exception may be made in the case of projects where Agency has written approval from State to use in-kind contributions rather than cash to satisfy all or part of the matching funds requirement.

b) Agency’s construction phase deposit shall be one hundred ten (110) percent of Agency's share of the engineer’s estimate and shall be received prior to award of the construction contract. Any additional balance of the deposit, based on the actual bid must be received within forty-five (45) days of receipt of written notification by State of the final amount due, unless the contract is cancelled. Any balance of a cash deposit in excess of amount needed, based on the actual bid, will be refunded within forty-five (45) days of receipt by State of the Project sponsor’s written request.

c) Pursuant to Oregon Revised Statutes (ORS) 366.425, the advance deposit may be in the form of 1) money deposited in the State Treasury (an option where a deposit is made in the Local Government Investment Pool), and an Irrevocable Limited Power of Attorney is sent to State’s Active Transportation Section, Funding and Program Services Unit, or 2) an Irrevocable Letter of Credit issued by a local bank in the name of State, or 3) cash.

9. If Agency makes a written request for the cancellation of a federal-aid project; Agency shall bear one hundred (100) percent of all costs incurred as of the date of cancellation. If State was the sole cause of the cancellation, State shall bear one hundred (100) percent of all costs incurred. If it is determined that the cancellation was caused by third parties or circumstances beyond the control of State or Agency, Agency shall bear all costs, whether incurred by State or Agency, either directly or through contract services, and State shall bear any State administrative costs incurred. After settlement of payments, State shall deliver surveys, maps, field notes, and all other data to Agency.

http://landru.leg.state.or.us/ors/366.html


STDPRO-2015.doc Rev. 04-28-2015 9

10. Agency shall follow the requirements stated in the Single Audit Act. Agencies expending $500,000 or more in Federal funds (from all sources) in its fiscal year beginning prior to December 26, 2014, shall have a single organization-wide audit conducted in accordance with the Single Audit Act of 1984, PL 98-502 as amended by PL 104-156 and subject to the requirements of 49 CFR parts 18 and 19. Agencies expending $750,000 or more in federal funds (from all sources) in a fiscal year beginning on or after December 26, 2014 shall have a single organization-wide audit conducted in accordance with the provisions of 2 CFR part 200, subpart F. Agencies expending less than $500,000 in Federal funds in a fiscal year beginning prior to December 26, 2014, or less than $750,000 in a fiscal year beginning on or after that date, is exempt from Federal audit requirements for that year. Records must be available for review or audit by appropriate officials based on the records retention period identified in the Project Agreement. The cost of this audit can be partially prorated to the federal program.

11. Agency shall make additional deposits, as needed, upon request from State. Requests for additional deposits shall be accompanied by an itemized statement of expenditures and an estimated cost to complete the Project.

12. Agency shall present invoices for one hundred (100) percent of actual costs incurred by Agency on behalf of the Project directly to State’s Liaison for review, approval and reimbursement to Agency. Costs will be reimbursed consistent with federal funding provisions and the Project Agreement. Such invoices shall identify the Project by the name of the Project Agreement, reference the Project Agreement number, and shall itemize and explain all expenses for which reimbursement is claimed. Invoices shall be presented for periods of not less than one-month duration, based on actual expenses to date. All invoices received from Agency must be approved by State’s Liaison prior to payment. Agency’s actual costs eligible for federal-aid or State participation shall be those allowable under the provisions of the Federal-Aid Policy Guide (FAPG), Title 23 CFR parts 1.11, 140 and 710. Final invoices shall be submitted to State for processing within forty-five (45) days from the end of each funding phase as follows: a) preliminary engineering, which ends at the award date of construction; b) last payment for right of way acquisition; and c) contract completion for construction. Partial billing (progress payment) shall be submitted to State within forty-five (45) days from date that costs are incurred. Invoices submitted after 45 days may not be eligible for reimbursement by FHWA. Agency acknowledges and agrees that State, the Oregon Secretary of State’s Office, the federal government, and their duly authorized representatives shall have access to the books, documents, papers, and records of Agency which are directly pertinent to the Project Agreement for the purpose of making audit, examination, excerpts, and transcripts for a period ending on the later of six (6) years following the date of final voucher to FHWA or after resolution of any disputes under the Project Agreement. Copies of such records and accounts shall be made available upon request. For real property and equipment, the retention period starts from the date of disposition ((2 CFR 200.333(c)).

13. Agency shall, upon State’s written request for reimbursement in accordance with Title 23, CFR part 630.112(c) 1 and 2, as directed by FHWA, reimburse State for federal-aid funds distributed to Agency if any of the following events occur:

a) Right of way acquisition is not undertaken or actual construction is not started by the close of the twentieth federal fiscal year following the federal fiscal year in which the federal-aid funds were authorized for right of way acquisition. Agency may submit a written request to


STDPRO-2015.doc Rev. 04-28-2015 10

State’s Liaison for a time extension beyond the twenty (20) year limit with no repayment of federal funds and State will forward the request to FHWA. FHWA may approve this request if it is considered reasonable.

b) Right of way acquisition or actual construction of the facility for which preliminary engineering is undertaken is not started by the close of the tenth federal fiscal year following the federal fiscal year in which the federal-aid funds were authorized. Agency may submit a written request to State’s Liaison for a time extension beyond the ten (10) year limit with no repayment of federal funds and State will forward the request to FHWA. FHWA may approve this request if it is considered reasonable.

14. Agency shall maintain all Project documentation in keeping with State and FHWA standards and specifications. This shall include, but is not limited to, daily work records, quantity documentation, material invoices and quality documentation, certificates of origin, process control records, test results, and inspection records to ensure that the Project is completed in conformance with approved plans and specifications.

15. State shall submit all claims for federal-aid participation to FHWA in the normal manner and compile accurate cost accounting records. State shall pay all reimbursable costs of the Project. Agency may request a statement of costs-to-date at any time by submitting a written request. When the actual total cost of the Project has been computed, State shall furnish Agency with an itemized statement of final costs. Agency shall pay an amount which, when added to said advance deposit and federal reimbursement payment, will equal one hundred (100) percent of the final total actual cost. Any portion of deposits made in excess of the final total costs of the Project, minus federal reimbursement, shall be released to Agency. The actual cost of services provided by State will be charged to the Project expenditure account(s) and will be included in the total cost of the Project.

STANDARDS

16. Agency agrees that minimum design standards on all local agency jurisdictional roadway or street projects on the National Highway System (NHS) and projects on the non-NHS shall be the American Association of State Highway and Transportation Officials (AASHTO) standards and be in accordance with State’s Oregon Bicycle & Pedestrian Design Guide (current version). Agency shall use either AASHTO’s A Policy on Geometric Design of Highways and Streets (current version), or State’s Resurfacing, Restoration and Rehabilitation (3R) design standards for 3R projects. Agency may use AASHTO for vertical clearance requirements on Agency’s jurisdictional roadways or streets.

17. Agency agrees that if the Project is on the Oregon State Highway System or State-owned facility, that design standards shall be in compliance with standards specified in the current ODOT Highway Design Manual and related references. Construction plans for such projects shall be in conformance with standard practices of State and all specifications shall be in substantial compliance with the most current Oregon Standard Specifications for Highway Construction and current Contract Plans Development Guide.

18. Agency agrees that for all projects on the Oregon State Highway System or State-owned facility any design element that does not meet ODOT Highway Design Manual design standards must be justified and documented by means of a design exception. Agency further


STDPRO-2015.doc Rev. 04-28-2015 11

agrees that for all projects on the NHS, regardless of funding source; any design element that does not meet AASHTO standards must be justified and documented by means of a design exception. State shall review any design exceptions on the Oregon State Highway System and retains authority for their approval. FHWA shall review any design exceptions for projects subject to Focused Federal Oversight and retains authority for their approval.

19. Agency agrees all traffic control devices and traffic management plans shall meet the requirements of the current edition of the Manual on Uniform Traffic Control Devices and Oregon Supplement as adopted in Oregon Administrative Rule (OAR) 734-020-0005. Agency must obtain the approval of the State Traffic Engineer prior to the design and construction of any traffic signal, or illumination to be installed on a state highway pursuant to OAR 734-020-0430.

20. The standard unit of measurement for all aspects of the Project shall be English Units. All Project documents and products shall be in English. This includes, but is not limited to, right of way, environmental documents, plans and specifications, and utilities.

PRELIMINARY & CONSTRUCTION ENGINEERING

21. Preliminary engineering and construction engineering may be performed by either: a) State; b) Agency; c) State-approved consultant; or d) certified agency. Engineering work will be monitored by State or certified agency to ensure conformance with FHWA rules and regulations. Project plans, specifications and cost estimates shall be performed by either: a) State; b) State-approved consultant; or c) certified agency. State shall review and approve Project plans, specifications and cost estimates. State shall, at project expense, review, process and approve, or submit for approval to the federal regulators, all environmental statements. State or certified agency shall, if they prepare any of the documents identified in this paragraph, offer Agency the opportunity to review and approve the documents prior to advertising for bids.

22. Agency may request State’s two-tiered consultant selection process as allowed by OAR 137-048-0260 to perform architectural, engineering, photogrammetry, transportation planning, land surveying and related services (A&E Services) as needed for federal-aid transportation projects. Use of the State’s processes is required to ensure federal reimbursement. State will award and execute the contracts. State’s personal services contracting process and resulting contract document will follow Title 23 CFR part 172, 2 CFR part 1201, ORS 279A.055, 279C.110, 279C.125, OAR 137-048-0130, OAR 137-048-0220(4) and State Personal Services Contracting Procedures as approved by the FHWA. Such personal services contract(s) shall contain a description of the work to be performed, a project schedule, and the method of payment. No reimbursement shall be made using federal-aid funds for any costs incurred by Agency or the consultant prior to receiving authorization from State to proceed.

23. The party responsible for performing preliminary engineering for the Project shall, as part of its preliminary engineering costs, obtain all Project related permits necessary for the construction of said Project. Said permits shall include, but are not limited to, access, utility, environmental, construction, and approach permits. All pre-construction permits will be obtained prior to advertisement for construction.


STDPRO-2015.doc Rev. 04-28-2015 12

24. State or certified agency shall prepare construction contract and bidding documents, advertise for bid proposals, and award all construction contracts.

25. Upon State’s or certified agency’s award of a construction contract, State or certified agency shall perform quality assurance and independent assurance testing in accordance with the FHWA-approved Quality Assurance Program found in State’s Manual of Field Test Procedures, process and pay all contractor progress estimates, check final quantities and costs, and oversee and provide intermittent inspection services during the construction phase of the Project.

26. State shall, as a Project expense, assign a liaison to provide Project monitoring as needed throughout all phases of Project activities (preliminary engineering, right-of-way acquisition, and construction). State’s liaison shall process reimbursement for federal participation costs.

REQUIRED STATEMENT FOR UNITED STATES DEPARTMENT OF TRANSPORTATION (USDOT) FINANCIAL ASSISTANCE AGREEMENT

27. By signing the Federal-Aid Agreement to which these Federal Standard Provisions are attached, Agency agrees to adopt State’s DBE Program Plan, available at http://www.oregon.gov/ODOT/CS/CIVILRIGHTS/pages/sbe/dbe/dbe_program.aspx#plan. Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. Agency agrees to take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts. State’s DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this Project Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Project Agreement. Upon notification to the recipient of its failure to carry out its approved program, the USDOT may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 United States Code (USC) 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 USC 3801 et seq.).

DISADVANTAGED BUSINESS ENTERPRISES (DBE) OBLIGATIONS

28. State and Agency agree to incorporate by reference the requirements of 49 CFR part 26 and State’s DBE Program Plan, as required by 49 CFR part 26 and as approved by USDOT, into all contracts entered into under this Project Agreement. The following required DBE assurance shall be included in all contracts:

“The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of Title 49 CFR part 26 in the award and administration of federal-aid contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as Agency deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).”

http://www.oregon.gov/ODOT/CS/CIVILRIGHTS/pages/sbe/dbe/dbe_program.aspx#plan


STDPRO-2015.doc Rev. 04-28-2015 13

29. Agency agrees to comply with all applicable civil rights laws, rules and regulations, including Title V and Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 (ADA), and Titles VI and VII of the Civil Rights Act of 1964.

30. The Parties hereto agree and understand that they will comply with all applicable federal, state, and local laws, regulations, executive orders and ordinances applicable to the work including, but not limited to, the provisions of ORS 279C.505, 279C.515, 279C.520, 279C.530 and 279B.270, incorporated herein by reference and made a part hereof; Title 23 CFR parts 1.11, 140, 635, 710, and 771; Title 49 CFR parts 24 and 26; 2 CFR 1201, Title 23, USC, Federal-Aid Highway Act; Title 41, Chapter 1, USC 51-58, Anti-Kickback Act; Title 42 USC; Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, as amended, the provisions of the FAPG and FHWA Contract Administration Core Curriculum Participants Manual & Reference Guide. State and Agency agree that FHWA-1273 Required Contract Provisions shall be included in all contracts and subcontracts verbatim and not by reference.

RIGHT OF WAY

31. Agency and the consultant, if any, agree that right of way activities shall be in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, ORS Chapter 35, FAPG, CFR, and the ODOT Right of Way Manual, Title 23 CFR part 710 and Title 49 CFR part 24. State, at Project expense, shall review all right of way activities engaged in by Agency to ensure compliance with all laws and regulations.

32. State is responsible for proper acquisition of the necessary right of way and easements for construction and maintenance of projects. Agency may perform acquisition of the necessary right of way and easements for construction and maintenance of the Project provided Agency or the consultant are qualified to do such work, as required by the ODOT Right of Way Manual, and Agency has obtained prior approval from State’s Region Right of Way office to do such work.

33. Regardless of who acquires or performs any of the right of way activities, a right of way services agreement shall be created by State's Region Right of Way office setting forth the responsibilities and activities to be accomplished by each Party. If the Project has the potential of needing right of way, to ensure compliance in the event that right of way is unexpectedly needed, a right of way services agreement will be required. State, at Project expense, shall be responsible for requesting the obligation of project funding from FHWA. State, at Project expense, shall be responsible for coordinating certification of the right of way, and providing oversight and monitoring. Funding authorization requests for federal right of way funds must be sent through State’s Liaison, who will forward the request to State’s Region Right of Way office on all projects. Agency must receive written authorization to proceed from State's Right of Way Section prior to beginning right of way activities. All projects must have right of way certification coordinated through State's Region Right of Way office to declare compliance and project readiness for construction (even for projects where no federal funds were used for right of way, but federal funds were used elsewhere on a project). Agency shall contact State's Liaison, who will contact State's Region Right of Way office for additional information or clarification on behalf of Agency.

34. Agency agrees that if any real property purchased with federal-aid participation is no longer needed for the originally authorized purpose, the disposition of such property shall be subject


STDPRO-2015.doc Rev. 04-28-2015 14

to applicable rules and regulations, which are in effect at the time of disposition. Reimbursement to State and FHWA of the required proportionate shares of the fair market value may be required.

35. Agency ensures that all project right of way monumentation will be conducted in conformance with ORS 209.155.

36. State and Agency grants each other authority to enter onto the other’s right of way for the performance of non-construction activities such as surveying and inspection of the Project.

RAILROADS

37. Agency shall follow State established policy and procedures when impacts occur on railroad property. The policy and procedures are available through the State’s Liaison, who will contact State’s Railroad Liaison on behalf of Agency. Only those costs allowable under Title 23 CFR part 140 subpart I, and Title 23 part 646 subpart B shall be included in the total Project costs; all other costs associated with railroad work will be at the sole expense of Agency, or others. Agency may request State, in writing and at Project expense, to provide railroad coordination and negotiations. However, State is under no obligation to agree to perform said duties.

UTILITIES

38. Agency shall follow State established statutes, policies and procedures when impacts occur to privately or publicly-owned utilities. Policy, procedures and forms are available through the State Utility Liaison or State's Liaison. Agency shall provide copies of all signed utility notifications, agreements and Utility Certification to the State Utility Liaison. Only those utility relocations, which are eligible for reimbursement under the FAPG, Title 23 CFR part 645 subparts A and B, shall be included in the total Project costs; all other utility relocations shall be at the sole expense of Agency, or others. Agency may send a written request to State, at Project expense, to arrange for utility relocations/adjustments lying within Agency jurisdiction. This request must be submitted no later than twenty-one (21) weeks prior to bid let date. However, State is under no obligation to agree to perform said duties. Agency shall not perform any utility work on state highway right of way without first receiving written authorization from State.

GRADE CHANGE LIABILITY

39. Agency, if a County, acknowledges the effect and scope of ORS 105.755 and agrees that all acts necessary to complete construction of the Project which may alter or change the grade of existing county roads are being accomplished at the direct request of the County.

40. Agency, if a City, hereby accepts responsibility for all claims for damages from grade changes. Approval of plans by State shall not subject State to liability under ORS 105.760 for change of grade.

41. Agency, if a City, by execution of the Project Agreement, gives its consent as required by ORS 373.030(2) to any and all changes of grade within the City limits, and gives its consent as required by ORS 373.050(1) to any and all closure of streets intersecting the highway, if any there be in connection with or arising out of the Project covered by the Project Agreement.





STDPRO-2015.doc Rev. 04-28-2015 15

MAINTENANCE RESPONSIBILITIES

42. Agency shall, at its own expense, maintain operate, and provide power as needed upon Project completion at a minimum level that is consistent with normal depreciation and/or service demand and throughout the useful life of the Project. The useful life of the Project is defined in the Special Provisions. State may conduct periodic inspections during the life of the Project to verify that the Project is properly maintained and continues to serve the purpose for which federal funds were provided. Maintenance and power responsibilities shall survive any termination of the Project Agreement. In the event the Project will include or affect a state highway, this provision does not address maintenance of that state highway.

CONTRIBUTION

43. If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260 ("Third Party Claim") against State or Agency with respect to which the other Party may have liability, the notified Party must promptly notify the other Party in writing of the Third Party Claim and deliver to the other Party a copy of the claim, process, and all legal pleadings with respect to the Third Party Claim. Each Party is entitled to participate in the defense of a Third Party Claim, and to defend a Third Party Claim with counsel of its own choosing. Receipt by a Party of the notice and copies required in this paragraph and meaningful opportunity for the Party to participate in the investigation, defense and settlement of the Third Party Claim with counsel of its own choosing are conditions precedent to that Party's liability with respect to the Third Party Claim.

44. With respect to a Third Party Claim for which State is jointly liable with Agency (or would be if joined in the Third Party Claim), State shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by Agency in such proportion as is appropriate to reflect the relative fault of State on the one hand and of Agency on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of State on the one hand and of Agency on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. State’s contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if State had sole liability in the proceeding.

45. With respect to a Third Party Claim for which Agency is jointly liable with State (or would be if joined in the Third Party Claim), Agency shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by State in such proportion as is appropriate to reflect the relative fault of Agency on the one hand and of State on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of Agency on the one hand and of State on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. Agency's contribution amount in any instance is capped to the same extent it would have


STDPRO-2015.doc Rev. 04-28-2015 16

been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the proceeding.

ALTERNATIVE DISPUTE RESOLUTION

46. The Parties shall attempt in good faith to resolve any dispute arising out of this Project Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or arbitrator (for non-binding arbitration) to resolve the dispute short of litigation.

WORKERS’ COMPENSATION COVERAGE

47. All employers, including Agency, that employ subject workers who work under this Project Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage unless such employers are exempt under ORS 656.126. Employers Liability Insurance with coverage limits of not less than five hundred thousand ($500,000) must be included. Agency shall ensure that each of its contractors complies with these requirements.

LOBBYING RESTRICTIONS – pursuant to Form FHWA-1273, Required Contract Provisions

48. Agency certifies by signing the Project Agreement that:

a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

d) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31, USC Section 1352.

e) Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

__________________________________________ Keizer City Council Regular Session Minutes

Tuesday, January 19, 2016 - Page 1

MINUTES KEIZER CITY COUNCIL Tuesday, January 19, 2016

Keizer Civic Center, Council Chambers Keizer, Oregon

CALL TO ORDER Mayor Clark called the meeting to order at 7:00 pm. Roll Call was taken as follows:

Present: Cathy Clark, Mayor Dennis Koho, Council President Marlene Parsons, Councilor Amy Ryan, Councilor Brandon Smith, Councilor Roland Herrera, Councilor Kim Freeman, Councilor Youth Councilor Siri Scales

Staff: Chris Eppley, City Manager Shannon Johnson, City Attorney Nate Brown, Community

Development Director Bill Lawyer, Public Works Director Tim Wood, Assistant Controller John Teague, Police Chief Tracy Davis, City Recorder

FLAG SALUTE Two students from Whiteaker Middle School led the pledge of allegiance.

SPECIAL ORDERS OF BUSINESS

a. PROCLAMATION – Keizer Heritage Year

President of Keizer Heritage Center Foundation Lyndon Zaitz introduced the Director of the Keizer Heritage Museum at the Heritage Center Tammy Wild and together they shared information about the centennial plans and presented the City with a Certificate of Appreciation for all the City does for the Heritage Center. Mayor Clark then read the Proclamation declaring 2016 ‘Keizer Heritage Year’.

b. PROCLAMATION – Great Kindness Challenge Week

Pat Curran and Renee Helby introduced students from Whiteaker Middle School and provided information regarding the ‘Great Kindness Challenge’ noting that it is the hope that the project will grow each year to encompass other schools, community leaders, and businesses. The pledge was stated in unison followed by Mayor Clark reading the Proclamation declaring January 25 through 29 as ‘The Great Kindness Week’.

COMMITTEE REPORTS

David Louden reported on Parks Advisory Board actions noting that although the appraisal of Palma Ciea Park proved to be impractical, it sparked an interest in the neighbors to develop the park. The board asked the West Keizer Neighborhood Association to consider what improvements they would be willing to help with and bring a plan to the



Board. Suggestions included benches and community gardens. Mr. Louden was encouraged to keep the public informed of any specific cleanup day scheduled for the park. David Dempster and Hersch Sangster representing the Traffic Safety/ Bikeways/Pedestrian Committee asked permission from Council to apply for a grant from the Salem Bike Club for $500 to be used to purchase helmets. Mr. Dempster explained that the Committee has been sharing helmets with those in need for years and wishes to continue. Councilor Smith moved to suspend the rules to consider the request for submitting a request for donation for bike helmets. Councilor Parsons seconded. Motion passed unanimously as follows:

AYES: Clark, Koho, Parsons, Smith, Ryan, Freeman and Herrera (7) NAYS: None (0) ABSTENTIONS: None (0) ABSENT: None (0) Councilor Smith moved that the City Council authorize the City to submit a request for donation from the Salem Bicycle Club for the purpose of purchasing helmets. Councilor Parsons seconded. Motion passed unanimously as follows:

AYES: Clark, Koho, Parsons, Smith, Ryan, Freeman and Herrera (7) NAYS: None (0) ABSTENTIONS: None (0) ABSENT: None (0) Mr. Sangster continued his report noting that the committee is exploring the possibility of the City getting the designation of a ‘Bicycle Friendly City’ and asked for Council support in the endeavor. Mayor Clark asked the committee to get the application to City Manager Chris Eppley so that he and staff can determine what needs to be done. It was the consensus of the Council to work towards this designation if the City Manager deems it. Mr. Sangster also announced the Monster Cookie Ride on April 24.

PUBLIC TESTIMONY None

PUBLIC HEARINGS

None

ADMINISTRATIVE ACTION

a. RESOLUTION – Authorization

Assistant Controller Tim Wood explained that the 2015-16 budget provided for $706,500 in capital improvements in the Water Facility Fund. Those improvements are being funded through a combination of current water rate user fees and issuing debt. To issue debt (even an interfund loan) requires authorization by Council in a resolution or ordinance. This



of Interfund Loan to the Water Facility Fund from the Transportation Improvement Fund

is part of the water Master Plan. By using this method of financing, the City will save approximately $15,000 a year in interest expense. Councilor Koho moved that the Keizer City Council adopt a Resolution Authorization of Interfund Loan to the Water Facility Fund from the Transportation Improvement Fund. Councilor Parsons seconded. Motion passed unanimously as follows:

AYES: Clark, Koho, Parsons, Smith, Ryan, Freeman and Herrera (7) NAYS: None (0) ABSTENTIONS: None (0) ABSENT: None (0)

b. ORDINANCE – Amending Keizer Development Code Regarding Section 2.313; Amending Ordinance 98-389

City Attorney Shannon Johnson reminded Council that they had directed staff to prepare this ordinance at the December 7, 2015 meeting. Councilor Koho moved that the Keizer City Council adopt a Bill for an Ordinance Amending Keizer Development Code Regarding Section 2.313 (Accessory Structures and Uses); Amending Ordinance 98-389. Councilor Parsons seconded. Motion passed unanimously as follows:


c. ORDINANCE – Adopting the Keizer Marijuana Retailer Permit Process (Second Reading)

Mr. Johnson informed Council that this matter is before them for a second reading since it did not pass unanimously at the January 4, 2016 meeting. He added that if this passes, Council may consider the resolution adopting the permit fee. Councilor Koho moved that the Keizer City Council adopt a Bill for an Ordinance Adopting the Keizer Marijuana Retailer Permit Process (Second Reading). Councilor Parsons seconded. Motion passed as follows:

AYES: Koho, Parsons, Smith, Freeman and Herrera (5) NAYS: Clark and Ryan (2) ABSTENTIONS: None (0) ABSENT: None (0)

RESOLUTION – Relating to Marijuana Retailer Permit Application and Investigation Fee

Councilor Koho moved that the Keizer City Council adopt a Resolution Relating to Marijuana Retailer Permit Application and Investigation Fee. Councilor Parsons seconded. Motion passed unanimously as follows:




d. RESOLUTION– Adopting 2016 Keizer Rapids Park Master Plan Amendment – Amending Resolution R2006-1729 and Resolution R2014-2517

Mr. Johnson provided explanation regarding the Master Plan adoption and the need to adopt amendments for both the Keizer Rapids Park Master Plan and the Comprehensive Parks Master Plan. Councilor Koho moved that Keizer City Council approve a Resolution Adopting 2016 Keizer Rapids Park Master Plan Amendment – Amending Resolution R2006-1729 and Resolution R2014-2517. Councilor Parsons seconded. Motion passed unanimously as follows:


ORDINANCE – Adopting an Amendment to the Parks and Recreation Master Plan Dated January 2008

Councilor Koho moved that Keizer City Council adopt a Bill for an Ordinance Adopting an Amendment to the Parks and Recreation Master Plan Dated January 2008 (Keizer Rapids Park and Chalmers Jones Park) Amending Ordinance No. 2008-570 and Ordinance No. 2014-712. Councilor Parsons seconded. Motion passed unanimously as follows:


CONSENT CALENDAR

A. Approval of January 4, 2016 Regular Session Minutes B. Approval of January 11, 2016 Work Session Minutes

Councilor Koho moved to approve the Consent Calendar. Councilor Parsons seconded. Motion passed as follows:

AYES: Clark, Koho, Parsons, Smith, Freeman, Ryan and Herrera (7) NAYS: None (0) ABSTENTIONS: None (0) ABSENT: None (0)

COUNCIL LIAISON REPORTS

Councilor Herrera reported that he is working the Kennedy Elementary starting a leadership program in conjunction with the Boys & Girls Club and the Church on the Hill. Councilor Parsons reported that the Community Build Task Force is working on the grant application and should have one more meeting before bringing it to Council. Mr. Brown provided additional information. Ms. Parsons added that the Planning Commission held a public hearing on matching city standards for daycare facilities to those of the State. Councilor Koho reported on discussion held at the recent Commissioner Breakfast and Keizer United. Councilor Ryan reported that the Chamber had discussed leadership with



the Keizer Festival Advisory Board, and announced the upcoming First Citizen Banquet. She indicated her intention to attend the Whiteaker assembly, the jail tour, the COG dinner and the Volcanoes Sport Banquet. She also suggested that the name be changed to ‘Keizer-Salem Volcanoes’ instead of ‘Salem-Keizer Volcanoes’. Councilor Smith announced his intention to attend the Frist Citizen Banquet and requested letters of support for the Big Toy grant. Councilor Freeman thanked Councilor Smith and Mayor Clark for covering her meetings while she was out of town. She reported that a volunteer group had taken down the Christmas lights and thanked staff for helping with the storage. She indicated her intention to attend the upcoming jail tour and Frist Citizens Banquet and announced that the Volunteer Coordinating Committee meeting was cancelled because no applications were received for the vacancies on the Keizer Points of Interest Committee, the Parks Advisory Board and Youth Liaisons. Youth Councilor Sari Scales expressed excitement for the leadership program at Kennedy noting that many McNary students are involved in the program. The McNary talent show is coming in February. Mayor Clark reported that Rhonda Rich had handed off her duties after 10 years as President of the West Keizer Neighborhood Association to Gary Blake. She thanked Ms. Rich for her long-time dedication and service. She reviewed meetings she had attended: Governor’s Visioning Task Force, Strategic Economic Development Corporation, Salem Chamber Citizen Academy and meetings/events she planned to attend: Super Act, and the Mid-Willamette Homelessness Initiative group.

OTHER BUSINESS

Chief Teague reported that the Police Department recently stopped a car speeding through town with 77 pounds of marijuana and also served a warrant for some property thieves and recovered a lot of stolen property. Community Development Director Nate Brown brought Council attention to a staff report on the dais regarding the Art Commission and issues related to the Salem-Keizer Educational Foundation art show that will take place in April and May. He explained that a draft of the Art Commission policies was sent to SKEF but the final policies had a 20% commission on art sales while the draft had 15%. Therefore staff is requesting that Council suspend the rules and amend the rate to 15% for this one show. Councilor Koho moved to suspend the rules to address this matter. Councilor Parsons seconded. Motion passed unanimously as follows:




Councilor Koho moved that the Keizer City Council reduce the gallery fee from 20% to 15% for the 2016 Salem-Keizer Educational Foundation show in May. Councilor Parsons seconded. Motion passed unanimously as follows:

AYES: Clark, Koho, Parsons, Smith, Ryan, Freeman and Herrera (7) NAYS: None (0) ABSTENTIONS: None (0) ABSENT: None (0) Mr. Brown then asked for direction regarding scheduling a Joint Work Session with the Planning Commission to discuss the Urban Growth Boundary. All agreed to work on setting up a date but could not commit to one at this time. City Attorney Shannon Johnson announced that according to terms on the lease the Volcanoes can drop ‘Salem’ if they desire, but they cannot drop ‘Keizer’. The name was hotly debated 20 years ago. He added that regarding the marijuana issue there are two items remaining to be addressed: taxation (local option tax of 3%) and the edible medical marijuana issue.

WRITTEN COMMUNICATIONS

Mayor Clark announced that she had received a number of greetings during the holidays and will put them in the Council office. She thanked the community partners who shared greetings with Keizer: Chemeketa, Portland Rose Festival, Tribal Council of Grande Ronde and Catholic Community Services.

AGENDA INPUT January 23, 2016 (Saturday) 1:30 p.m. – City Council Special Work Session Tour of Marion County Jail February 1, 2016 7:00 p.m. – City Council Regular Session February 16, 2016 (Tuesday) 7:00 – City Council Regular Session February 23, 2016 (Tuesday) 5:45 – City Council Work Session Tour of Liberty House March 7, 2016 7:00 p.m. – City Council Regular Session

ADJOURNMENT Mayor Clark adjourned the meeting at 8:39 p.m.

MAYOR: APPROVED:

Cathy Clark Debbie Lockhart, Deputy City Recorder



COUNCIL MEMBERS

Councilor #1 – Dennis Koho Councilor #4 – Roland Herrera

Councilor #2 – Kim Freeman Councilor #5 – Amy Ryan

Councilor #3 – Marlene Parsons Councilor #6 – Brandon Smith Minutes approved:


Monday, February 1, 2016 - Page 1

MINUTES KEIZER CITY COUNCIL Monday, February 1, 2016

Keizer Civic Center, Council Chambers Keizer, Oregon

CALL TO ORDER Mayor Clark called the meeting to order at 7:00 pm. Roll Call was taken as follows:

Present: Cathy Clark, Mayor Dennis Koho, Council President Marlene Parsons, Councilor Amy Ryan, Councilor Brandon Smith, Councilor Roland Herrera, Councilor Kim Freeman, Councilor Youth Councilor Siri Scales

Staff: Chris Eppley, City Manager Shannon Johnson, City Attorney Nate Brown, Community

Development Director Bill Lawyer, Public Works Director John Teague, Police Chief Tracy Davis, City Recorder

FLAG SALUTE Mayor Clark led the pledge of allegiance.

SPECIAL ORDERS OF BUSINESS None

COMMITTEE REPORTS None

PUBLIC TESTIMONY None

PUBLIC HEARINGS None

ADMINISTRATIVE ACTION

a. RESOLUTION – Supporting the Formation, Joint

City Attorney Shannon Johnson provided background information regarding the Task Force and named the proposed members. Mayor Clark explained that there are many agencies serving the homeless community and Commissioner Carlson and Mayor Peterson thought it would be good to join forces with area jurisdictions to work collaboratively. Councilor Koho moved that the Keizer City Council adopt a Resolution Supporting the Formation, Joint Leadership and Purpose of the Mid-



Leadership and Purpose of the Mid-Willamette Homelessness Initiative Task Force

Willamette Homelessness Initiative Task Force; Authorizing Mayor to Sign Mid-Willamette Homelessness Initiative Task Force Charter; and Delegating Authority to the Mayor to Appoint Members to the Task Force. Councilor Parsons seconded. Councilor Koho noted that one of the City of Salem departments that interacts with the homeless is the Municipal Court and those that are appointed to defend them. He urged that a representative from this venue be included in this effort. Motion passed unanimously as follows:


Mayor Clark then appointed herself, Councilor Freeman, Patty Ignatowski, Verena Wessel, and Shaney Starr to the Task Force.

b. RESOLUTION – Adopting Public Art and Public Murals Policies; Repeal of Resolution No. R2015-2615

Mr. Johnson explained that currently staff does not handle the sale of artwork displayed and sold in the gallery. However, to accommodate customers and to ensure receipt of the sales commission, staff and the Public Art Commission are asking to change the policy so that customers would pay the City and the City would retain the commission and send the balance to the artist. Councilor Koho stated that he thought this was unnecessary and he would be voting in opposition. Councilor Koho moved that the Keizer City Council adopt a Resolution Adopting Public Art and Public Murals Policies; Repeal of Resolution No. R2015-2615. Councilor Parsons seconded. Motion passed as follows:

AYES: Clark, Parsons, Smith, Ryan, Freeman and Herrera (6) NAYS: Koho (1) ABSTENTIONS: None (0) ABSENT: None (0)

c. Location Approval for Public Art Sculpture

Mr. Johnson reminded Council that under the Public Art Ordinance, Council determines the locations of the art pads for the statues and the Keizer Public Art Commission (KPAC) determines which pieces will be displayed. He explained that KPAC has determined that the statue “Blind Date” would be better displayed at a new location. Community Development Director Nate Brown explained that the smaller piece would be more visible at the focal point and a new larger piece is being donated by a local artist for display at the Copper Creek location. Councilor Koho moved that the Keizer City Council approve the new art pad location in the planter area at the Focal Point. Councilor Parsons



seconded. Motion passed unanimously as follows:


d. ORDINANCE – Amending Ordinance Adopting the Keizer Marijuana Retailer Permit Process; Declaring an Emergency; Amendment of Ordinance No. 2016-743

Mr. Johnson explained that this was a matter of priority: if a marijuana retailer applies in the City and there is possibly another retailer who would be within 1,000 feet of that location. He reviewed the process that staff is proposing. Mr. Brown provided additional details. Councilor Koho moved that the Keizer City Council adopt a Bill for an Ordinance Amending Ordinance Adopting the Keizer Marijuana Retailer Permit Process; Declaring an Emergency; Amendment of Ordinance No. 2016-743. Councilor Parsons seconded. Motion passed unanimously as follows:


e. Taxation of Recreational Marijuana

Mr. Johnson provided background information about the ballot measure legalizing marijuana and recent legislation and explained that in order for Keizer to collect the allowed tax, the measure needs to go to the voters. He asked if Council wanted him to begin the process. Councilor Koho moved to direct staff to prepare the necessary resolution, ordinance and documents to adopt a tax up to a maximum of 3%. Councilor Parsons seconded. Motion passed unanimously as follows:


CONSENT CALENDAR

A. RESOLUTION - Approving Extension of the Cable Television Franchise Agreement with Comcast of Oregon, Inc. (Formerly Known as Far-West Communications, Inc., DBA AT&T Cable Services)

Councilor Koho moved to approve the Consent Calendar. Councilor Parsons seconded. Motion passed as follows:

AYES: Clark, Koho, Parsons, Smith, Freeman, Ryan and Herrera (7) NAYS: None (0) ABSTENTIONS: None (0) ABSENT: None (0)



COUNCIL LIAISON REPORTS

Councilor Herrera congratulated recipient of the First Citizen Award, Mark Caillier and complimented the Chamber on the Award Dinner. He announced that he had attended the swearing in of Officer Grant Hendrick and the Council of Governments dinner and praised the Big Toy Project. Councilor Parsons congratulated Mark Caillier and announced that she had toured the Marion County Jail and attended the Council of Governments dinner. She also announced the upcoming Community Build Task Force meeting and the joint Planning Commission/Council Work Session. Mayor Clark announced that the City of Keizer and Marion County had received the Regional Cooperative Project Award from the Mid-Willamette Valley Council of Governments for their partnership in the Big Toy playground at Keizer Rapids Park. Councilor Koho reported that he had learned a lot at the ‘Grocery Forum’ and was impressed with the good attendance. Councilor Ryan announced the upcoming mural painting training, the Heritage Center reception, Chamber Board meeting, and the Volcanoes Sports Banquet and noted that she would be testifying at the Legislature regarding minimum wage issues. She reviewed events she had attended including the First Citizen banquet and the Whiteaker assembly on Kindness Week. Councilor Smith announced winners from the First Citizen Banquet: Danielle Bethel, President of the Booster Club for the artificial turf project at McNary; John Honey, Career & Technical Educational Center; Scott White, Big Town Hero; and Mark Caillier for countless volunteer hours. He also reminded everyone of the upcoming Community Build Task Force, Audit Committee and Parks Board meetings. Councilor Freeman thanked those responsible for coordinating the First Citizens Banquet, reviewed the jail tour and the recent town hall meeting, praised the recent Council of Governments event and announced the West Keizer Neighborhood Association, Volunteer Coordinating Committee, Audit Committee and Traffic Safety/Bikeways/ Pedestrian Committee meetings. Youth Councilor Sari Scales announced the upcoming McNary Talent Show. Mayor Clark announced upcoming Community Services Network ‘Together Toward Tomorrow’, Mid-Willamette Area Commission on Transportation and the Homelessness Initiative meetings and the Quidditch championships to be held at the Salem Soccer fields. She reported that Kim and Ron Freeman were acknowledged at the First Citizens Banquet for their efforts in the Big Toy project ; noted that she was elected as chair of the Salem-Keizer Area Transportation Study and



thanked Representative Post for participating in the recent grocery store town hall meeting.

OTHER BUSINESS

Chief Teague noted that another paring of excellence at the First Citizen Awards Banquet was between the School District and the Keizer Police Department for their truancy efforts. Nate Brown reminded Council of the upcoming Joint Work Session with the Planning Commission to discuss issues related to expansion of the urban growth boundary. Mr. Johnson added that Council Procedures indicate that public testimony is not taken at work sessions. He urged that, because this would be a land use issue, Council comply with that rule.

WRITTEN COMMUNICATIONS None AGENDA INPUT February 10, 2016

6:00 p.m. – City Council/Planning Commission Joint Work Session Urban Growth Boundary Expansion February 16, 2016 (Tuesday) 7:00 – City Council Regular Session February 23, 2016 (Tuesday) 5:45 – City Council Work Session - Tour of Liberty House March 7, 2016 7:00 p.m. – City Council Regular Session March 14, 2016 5:45 p.m. – City Council Work Session - Emergency Management

ADJOURNMENT Mayor Clark adjourned the meeting at 8:11 p.m.

MAYOR: APPROVED:

Cathy Clark Debbie Lockhart, Deputy City Recorder COUNCIL MEMBERS

Councilor #1 – Dennis Koho Councilor #4 – Roland Herrera

Councilor #2 – Kim Freeman Councilor #5 – Amy Ryan

Councilor #3 – Marlene Parsons Councilor #6 – Brandon Smith Minutes approved:

agenda - amazon web services · d. approval of january 19, 2016 regular session minutes e. approval...

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