Res. 2260 - Initiating the Process to Amend the UGB to Realize a one-time site addtion in compliance with HB 4035 COUNCIL BILL NO. 3299
RESOLUTION NO. 2260
A RESOLUTION INITIATING THE PROCESS TO AMEND THE WOODBURN URBAN GROWTH
BOUNDARY TO REALIZE A ONE-TIME SITE ADDITION IN COMPLIANCE WITH HOUSE BILL
4035 (2026)
WHEREAS, in 2023, Oregon's Governor signed Executive Order 23-04, declaring
a severe housing shortage and setting a housing production goal of 36,000 housing
units per year for the State of Oregon over the next twenty years; and
WHEREAS, helping to address the housing shortage and building enough
housing to meet demand will improve housing affordability for all Oregonians,
including existing Woodburn residents; and
WHEREAS, the City Council recognizes that housing production is often reliant
upon the availability of developable land; and
WHEREAS, for the purpose of being responsive to the City's lack of supply of
land available for housing, and particularly affordable housing, the City Council
previously passed Resolution 2252 initiating action to address the issue and seek
solutions through the Oregon State Legislature; and
WHEREAS, in November 2025, the City was invited to participate in a legislative
work group with other interested parties to formulate needed modifications to the
state's one-time UGB expansion process (SB 1537), including expanding eligibility
criteria and acreage limitations; and
WHEREAS, HB 4035 passed out of the work group with key reforms to SB 1537,
including both statewide and community-specific solutions to support housing
development; and
WHREAS, HB 4035 was passed by both the Oregon State House and Senate and
is awaiting the Governor's signature; and
WHEREAS, the City Council now desires to direct staff to initiate the procedural
steps outlined in House Bill 4035 to complete a one-time site-specific urban growth
boundary (UGB) expansion; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. Following its enactment into law, the City Council hereby initiates the
process to realize a one-time site addition to the Woodburn Urban Grown Boundary,
Page 1 - Council Bill No. 3299
Resolution No. 2260
pursuant to Oregon House Bill ("HB") 4035 (2026) (as relating to and amending Sections
49 to 59, chapter 110, Oregon Laws 2024, aka Oregon Senate Bill ("SB") 1537).
Section 2. Pursuant to Section 11 of HB 4035 (2026), the City of Woodburn, when
adding a site to the City's urban growth boundary under Sections 49 to 59, chapter 110,
Oregon Laws 2024 (SB 1537):
(a) "Is not required to solicit submission of applications or otherwise comply with
Section 50(1)(e) or 53";
(b) "Is not required to comply with the selection conditions in section
50(1)(b)(D)(ii) or (iii)"; and
(c) "May approve a site upon receipt of an application without subjecting the
site to any of the processes under section 54(1)."
Meaning, the City shall proceed towards consideration of a one-time UGB expansion
with a previously identified site, provided the site applicant (developer) still submits an
application to the City with all of the elements outlined under Section 54(2), chapter
110, Oregon Laws 2024 (SB 1537).
Section 3. Pursuant to Section 54(2), chapter 110, Oregon Laws 2024 (SB 1537),
the site application filed with the City must:
(a) Be completed for each property owner or group of property owners that are
proposing an urban growth boundary amendment under sections 49 to 59 of
this 2024 Act;
(b) Be in writing in a form and format as required by the City;
(c) Specify the lots or parcels that are the subject of the application;
(d) Be signed by all owners of lots or parcels included within the application; and
(e) Include each owner's signed consent to annexation of the properties if the
site is added to the urban growth boundary.
At the City's discretion, and in consultation with Marion County and the Oregon
Department of Transportation (ODOT), the City may require further application elements
be submitted, including site maps, legal descriptions, and other details necessary for the
City to be able to make findings that it meets the requirements of HB 4035 for a UGB
expansion.
Section 4. Upon receipt of an application under Section 54(2), chapter 110,
Oregon Laws 2024 (SB 1537), the City shall deliver a notice of said application to Marion
County, the Department of Land Conservation and Development and any special
district providing urban services within the city's urban growth boundary.
Section 5. At the time of delivery of the notice under Section 4, and pursuant to
Section 52, chapter 110, Oregon Laws 2024 (SB 1537), the City shall demonstrate its need
for the additional land by showing that:
Page 2- Council Bill No. 3299
Resolution No. 2260
(a)Within urban growth boundary expansion areas for residential use adopted
by the City over the previous 20 years, 75 percent of the residential lands have
either been developed or have vested development plans; and
(b)The City has demonstrated a need for affordable housing, based on having
at least 25% of the renter households in the city being considered rent
burdened.
Section 6. Pursuant to Section 11 (g) of HB 4035 (2026), for any site added to the
City's UGB under this process, a master plan shall also be adopted for the site at or upon
its annexation to the City.
In addition to the elements detailed in Section 55(3), chapter 110, Oregon Laws 2024 (SB
1537), the master plan for the site must also include, that no fewer than 600 residential
units be developed on the site and that at least 30 percent of the residential units be
subject to affordability restrictions.
Further requirements for the affordable residential units identified in the master plan
include that:
(a) The construction of all affordable units be commenced before the City issues
certificates of occupancy to the last 15 percent of market rate units;
(b) All common areas and amenities be equally available to residents of
affordable units and of market rate units and properties designated for
affordable units are dispersed throughout the site; and
(c) The requirement for affordable housing units be recorded before the building
permits are issued for any property within the site, and the requirements
contain financial penalties for noncompliance.
Section 7. The Council hereby directs City staff to fake all necessary steps for
and on behalf of the City to effectuate this Resolution, including providing public
notices, preparing regulatory findings and other required materials necessary to
submit to DLCD, and preparing and submitting an ordinance for Council
consideration to complete a one-time site addition to the City's Urban Growth
Boundary.
Approved as to form: _ _012._�2®�4
City At ney Date
Approved:
Frank Lonergq" , Mayor
Passed by the Council �(I Vio .:' , - [sZ
Page 3- Council Bill No. 3299
Resolution No. 2260
Submitted to the Mayor IVi,, ) .2-a (Y t C
Approved by the Mayor P A.t(,y"c. ") 1r g2 O
Filed in the Office of the (recorder L&Lvct 2v xr,
ATTEST: kA r . /
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 4- Council Bill No. 3299
Resolution No. 2260