Res. 2265 - Establishing Council Objectives & Benchmarks for any Future Amendment of the Urban Growth Boundary Pursuant to HB4035 (2026) COUNCIL BILL NO. 3306
RESOLUTION NO. 2265
A RESOLUTION ESTABLISHING COUNCIL OBJECTIVES & BENCHMARKS FOR ANY
FUTURE AMENDMENT OF THE WOODBURN URBAN GROWTH BOUNDARY PURSUANT
TO 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 ten 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, Oregon HB 4035 (2026) was recently enacted into law and
expands and expedites the process for qualifying cities to make a one-time
expansion of their Urban Growth Boundary ("UGB"); and
WHEREAS, The City of Woodburn is a "qualifying city" that is eligible to add
a site to its UGB under the processes established by SB 1537 (2024) and HB 4035;
and
WHEREAS, at its meeting on March 23, 2026, the City Council adopted
Resolution 2260, which directed staff to initiate the procedural steps outlined in
House Bill 4035 to complete a one-time site-specific urban growth boundary (UGB)
expansion; and
WHEREAS, City staff have initiated discussions with an identified developer
(Mountainview Land Company, LLC) concerning a possible UGB expansion under
the HB 4035 process, which would include an approximately 120-acre site
commonly known as the "Mountainview Site" (tax lot nos. 051 W06C000100,
051 W06C000200, and 051 W06C000300, and 051 W06D000400)("Site"); and
WHEREAS, while the City acknowledges the unique opportunity it has for this
expedited one-time UGB amendment that would include an affordable housing
component, the City also affirms its budgetary policy position that it will not
subsidize the development costs of new housing construction; and
WHEREAS, the City Council recognizes that to ensure a future UGB expansion
meets Woodburn's housing needs, the developer of said site must provide
meaningful and adequate assurances that they are willing and able to
commence development and meet the standards set by the Oregon Legislature
(HB 4035 and SB 1537), the Woodburn Comprehensive Plan and Development
Ordinance, and Woodburn engineering standards, without undue delay; and
WHEREAS, adoption of this Resolution is not a land use decision, but rather is
a policy directive intended to capture the intent of the City Council; and
WHEREAS, in considering an application submitted under the HB 4035
process, the City Council hereby establishes and adopts the below stated
objectives and benchmarks for future UGB expansion; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. Preliminary Site & Development Plan. Unless otherwise provided
for through the negotiation and approval of a Development Agreement as
provided for under Section 4, prior to the City Council processing an application
for- and completing a one-time expansion of its UGB under the HB 4035 process,
the proposing developer ("Developer Applicant") for the subject Site must
demonstrate or provide the City with the following:
(A) Preliminary Engineering Plans for UGB-Expansion Area. The Developer
Applicant shall provide the City with preliminary engineering plans for
infrastructure, including for water, wastewater, storm water, and
transportation networks, which address how the Site will be served,
assuming the minimum density standards required under SB 1537. Such
plans should include a feasibility study and be "adoption ready," meaning
they include a specific list of capital improvement projects and needed
infrastructure upgrades for serving the Site, along with preliminary cost
estimates for the subject improvements (e.g. Boones Ferry/Crosby Road
Intersection, Vanderbeck Pump Station upgrades, etc.). The Developer
Applicant should coordinate the formation of such plans with City staff to
ensure the plans would otherwise conform with the City's Comprehensive
Planning standards.
(B) Preliminary Development Phasing Plan. The Developer Applicant
shall provide the City with a preliminary development phasing plan that
specifies: (i) the planned housing/unit densities per phase of the project; (ii)
the distribution or location of affordable housing throughout the site; (iii) the
distribution of open space; (iv) the location of any commercial
development (if applicable); and (v) key roadways and trail plans that
include build-out details per phase of the project.
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Resolution No. 2265
(C) Preliminary Open Space, Recreation, and Transportation Plan. The
Council acknowledges that open space, recreation, and transportation
network plans are essential components for a future UGB expansion, as
required under SB 1537. Therefore, the Developer Applicant shall provide,
in addition to the phasing details described above, planning-level details
related to both public and private open space that will be available
throughout the site, a recreation plan that includes/lists amenities that will
be available to residents throughout the development, and details
regarding the transportation network that will provide diverse
transportation options throughout the site, including walking/bike paths.
Any transportation and trail plans proposed should also include proposed
cross-sections that align with current City planning requirements/codes.
(D) Preliminary Commercial Plan. If applicable, the Developer Applicant
shall provide information about possible commercial components for the
site, including details about possible mixed-use development, the location
of commercial component(s), and scale/size of any commercial
component(s), which are intended to meet the "smaller scale" standards
of SB 1537.
Section 2. Essential Housing Elements of Future Expansion. SB 1537 and HB
4035 require certain essential master plan elements for sites eligible for the
expedited UGB process. The City desires to further define those elements or
expectations around those elements as follows:
(A) Diversity of Housing Types & Zoning. As a means to ensure the density
standards for the Site adequately meet SB 1537 requirements and the City's
Comprehensive Plan and Development Ordinance goals related to
needed housing, the City expects the Developer Applicant to coordinate
with staff on selecting the appropriate zoning for the property, which may
include Nodal Multi-Family Residential ("RMN") and Neighborhood Nodal
Commercial ("NNC")(as applicable). With the provided zoning
designation, the City anticipates the Developer Applicant to plan- or
provide for a variety of housing types, including middle housing, which may
be served in part through alley-provided access.
(B) Affordable Housing Dispersal. Per SB 1537's requirement that
affordable housing be "dispersed throughout the Site," the City expects the
Developer Applicant to coordinate with staff as part of the phasing plan
preparation to ensure that a proportional number of planned affordable
housing units are included in at least half of the planned residential phases
spread across the development. Meaning that at least half of the total
phases for the Site include at least some affordable housing and that at
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Resolution No. 2265
least three (3) of the general quadrants of the site (e.g. SW, NW, NE, and
SE) include some phase(s) with affordable housing.
Section 3. Affordable Housing Partnership(s). The affordable housing
standards outlined under Section 55 of SB 1537 align with essential goals of the
City Council in approving any future UGB expansion. To ensure that component
of a future expansion is fulfilled, the Developer Applicant for the Site must
demonstrate or provide the City with the following:
(A) Identification and Agreement(s) with Affordable Housing Partner(s).
The Developer Applicant shall identify for the City any/all affordable
housing partners and organizations the developer intends to coordinate
and work with to meet the requirements of SB 1537. The City may further
request that partnership, right-to-purchase, disposition, and/or
development-plan agreements between these parties are in place to
adequately protect the interests of such parties and their future ability to
provide the necessary affordable units for the Site.
(B) FHDC Partnership. As part of fulfilling the affordable housing
requirement, the Developer Applicant shall maintain its partnership with
FHDC through the build-out of FHDC's planned subarea(s) of the Site. The
City will expect to work with FHDC and the Developer Applicant to
coordinate any/all infrastructure and improvements necessary to serve
FHDC's affordable housing site(s) and/or unit(s).
Section 4. Development Agreement.The City anticipates that some aspects
related to the future development of an expanded UGB Site may need to be
addressed through negotiation and coordination with the Developer Applicant
under a Development Agreement. At or prior to the City approving any UGB
expansion, a Development Agreement may be prepared to address the
following:
(A) Utility & Phasing Plan. The City expects that through the completion
of the preliminary phasing and utility plans prepared by the Developer
Applicant, those plans will clarify what infrastructure will be constructed
through each phase of the development. The Development Agreement
may also include further details related to timing and cost sharing across
phases of the Site development, as well as conditions that each phase
within the Site be able to "stand alone" with the infrastructure provided
during that phase's build-out.
(B) Transportation Specifications. The Development Agreement may
specify standard cross-sections that will be used for future transportation
rights-of-way and other pathways running through the Site. The Developer
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Resolution No. 2265
Applicant and the City may also set expectations related to the boundary
street improvements and Site access points along Boones Ferry and Crosby
Roads. The City expects that the Developer Applicant will be responsible
for acquiring any/all additional right-of-way needed for transportation
improvements in/around the Site.
(C) Water/Sewer/Storm Infrastructure. The Development Agreement
may include specifications around both on-site and off-site water, sewer,
and stormwater infrastructure improvements needed to adequately serve
the Site, as well as expectations around the transfer of water rights and real
property needed to accommodate a potential future well on the Site.
(D) Open Space. The Development Agreement may stipulate
requirements or expectations around future open space within the Site and
the public versus private designations for those areas. This may also include
details about the farming/garden site planned to be set-aside and
managed by CAPACES Leadership Institute.
(E) SDCs & SDC Credits. The City will require that the full amount of
System Development Charges ("SDCs") be paid for each unit of housing,
including affordable units, and any commercial development on the Site;
however, per the City's ordinances governing SDCs, credits may be
granted to the Developer for the construction of qualifying improvements.
The Development Agreement may stipulate what improvements meet the
qualifying standards and will be added to the City's CIP list for future
creditability.
Section 5. Timeline for Consideration. Acknowledging that the City pursued
legislative priorities under HB 4035 in order to make available to the City of
Woodburn the SB 1537 processes for an expedited UGB expansion, the Developer
Applicant is now expected to pursue needed planning obligations with diligence
and meet certain timelines for UGB expansion (including preliminary
plan/engineering work), annexation, and initial development. Overall, the City
expects the following benchmarks to be met:
• Preliminary Utility & Phasing Plan (Feasibility) Fall 2026
• Development Agreement Fall 2026
• UGB Expansion Ordinance Passage End of 2026
• Annexation, Zone Change, Preliminary Plat Summer 2027
Section 6. City Solicitation Option. Nothing herein prevents the City from
initiating or undertaking the public site solicitation process under the relevant
provisions of HB 4035 and SB 1537. Should the Developer Applicant abandon or
fail to move its current Site plan application forward for UGB expansion under the
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Resolution No. 2265
conditions and timeline outlined above, including providing the City with the
preliminary site and development plan information outlined under Sections 1-3 of
this Resolution by October 31 , 2026, City staff will be directed to commence or
explore alternatives for achieving a UGB expansion.
Approved as to form: _
City Att ey Date
Approved: L
Frank Loner n, Mayor
Passed by the Council . `.av 2`
Submitted to the Mayor 2_3 7eJ-p
Approved by the Mayor
Filed in the Office of the Recorder r L,e 2_3 , "Z...l.r)
ATTEST:
Heather Pierson, City Recorder
City of Woodburn, Oregon
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Resolution No. 2265