Ord 1689COUNCIL BILL N0. 539
ORDINANCE N0. 1689
AN ORDINANCE ESTABLISHING A GROWTH MANAGEMENT PROGRAM FOR WOODBURN AND PROVIDING
FOR ITS IMPLEMENTATION.
THE PEOPLE OF THE CITY OF WOODBURN DO ORDAIN:
Section 1. Title. This ordinance shall be known as the ~loodburn
Growth Management Ordinance and may be so cited and pleaded.
Section 2. Purpose and Intent. The purpose and intent of the Growth
Management Ordinance is to protect the City against unexpected growth, protect
the City against over taxing of its public facilities, and allow for proper
planning of public capital improvement programs. Demands on public facilities
are best predicted by the population in the city at any given time.
Section 3. Hearings.
(a} Legislative Hearings: Then a legislative hearing is called for
in this ordinance, notice shall be given as follows: notice shall be published
in a paper having general circulation in ~loodburn ten days prior to the hearing.
Notice shall also be given to Marion County or other regional coordinating agencies
designated by the Land Conservation and Development Commission ten days prior to
the hearing.
(b) Quasi-judicial Hearin: When in this ordinance aquasi-judicial
hearing is called for, notice shall be given as follows: written notice mailed
to all applicants who have applied for permits under the provisions of this ordi-
nance at least ten days before the hearing.
Section 4. When Ordinance called into effect.
(1} When the population of the City of Woodburn exceeds the following
amounts in July of the following years, as determined by reasonably available data:
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ORDINANCE N0. 1689
1979 - 1989 1990 - 2000
1979 - 11,719 1990 - 11,628
1980 - 12,260 1991 - 18,165
1981 - 12,808 1992 - 18,703
1982 - 13,357 1993 - 19,240
1983 - 13,905 1994 - 19,778
1984 - 14,453 1995 - 20,315
1985 - 15,002 1996 - 20,852
1986 - 15,527 1997 - 21,389
1987 - 16,092 1998 - 21,926
1988 - 16,578 1999 - 22,463
1989 - 17,103 2000 - 23,000
Upon the determination of the City population, if it exceeds the pop-
ulation projection that year the City shall publish notice once in a newspaper of
general circulation in the area and notify the regional coordinating agency that
the Growth Management Ordinance is in effect.
(2) The Council must also, after a legislative hearing, make findings
based on evidence that the city's public facilities and services are or reasonably
soon will be over burdened.
(3) The Council may also, after a legislative hearing, call the ordi-
Hance into effect when deficiencies are foreseen, or are occurring in providing
public services or when continued unregulated growth would probably compound the
deficiencies.
(4) When the Growth Management Ordinance is in effect permits to build,
construct, remodel, or erect shall be granted only in conformance with the provisions
of this ordinance.
Section 5. Building Quota Set.
(1~ The Council sha11, upon recommendation of the Planning Commission
and after a legislative public hearing, establish three annual building quotas to,
within three years of the time the order is called into effect, bring the city's
population to within the limits established by this ordinance in Section 4(1), or
other limits as provided in Section 4(3~.
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ORDINANCE NQ. 1689
(2} The Council shall use as a criterion for establishing the quota
the goal of fairly meeting the housing and economic needs of the city as much
as possible. This criterion is not exclusive and is meant to supplement, and
not replace, the intent and purpose of this ordinance. The Council shall adopt
as findings, the data and information it received in making quotas.
(3} The Council shall determine the number of housing units which can
be added to the city while meeting the population goal established in Section 4(I}
or Section 4(3}. The number of units to be added shall be established as an annual
quota for each year in the three year period. The units shall be allocated among
the following three categories:
a) Residential developments of less than
6 dwelling units per acre.
b) Residential developments of more than
6 dwelling units per acre.
c} Low and moderate income housing.
The low and moderate income housing category quota sha11 allocate a
sufficient share to this category in order to meet the City's fair share of the
regional need for these types of housing.
(4) For a project to qualify as low and moderate income housing at
least 50/ of the units in the project must project and charge rent, or have a
monthly mortgage payment including principal, interest, taxes and insurance, of
less than 1.65% of Marion County's median household income for the latest given
year. The city may require, in order fora project to qualify for this quota,
an agreement that the project will keep its rent at this level, adjusted
annually for increases in the median income of Marion County for up to 5 years.
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(5) The Council shall establish a quota for commercial, industrial,
and public use development based on the anticipated employment. The quota for
employees shall be determined by a reasonable economic analysis of the city's
and region's needs for additional employment. The quota shall be established as
an annual quota for each year of the three year period.
(6) Persons desiring to build while the Growth Management Ordinance
is in effect shall apply for permission to build on application forms provided
by the city. Each applicant fora permit to build shall certify to the city the
number of dwelling units or employees he will require to complete the project, and
the category under which the project falls.
(7) The Council shall establish a deadline for project to apply for
permits to build under the Growth Management Ordinance.
Section 6. Program Coordinating Committee.
(1} A program coordinating committee shall be established appointed by
the Mayor, and approved by the Common Council, and be drawn from the City staff.
The cor~nittee shall have five (5} members. The committee shall be an advisory
body to the Planning Commission and Council regarding the Growth P~anagement
Ordinance.
(2) (a) The Program Coordinating Committee shall recommend to the
Planning Commission within thirty (30) days after the Growth Management Ordinance
is called into effect, a point scale for the quality point system. The Program
Coordinating Committee shall also include a rationale for the point scale and what
public goals are hoped to be furthered by it.
(b) The Planning Commission shall review the proposed point scale.
The Planning Commission shall recommend a scale to the Common Council and include
a report on the rationale for the scale and what is hoped to be accomplished by it.
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(c} The Council shall hold a legislative hearing, and adopt or
modify the scale recommended by the Planning Commission. The Council shall
adopt a point scale and report by an ordinance.
(3) The quality point system shall contain, but shall not be limited
to, consideration of the following items:
(a) Impact, both positive and negative, on the sewage treatment
facility by capacity and sewage load.
(b) Impact, both positive and negative, on the sewer lines.
(c) Impact, both positive and negative, on the City's transportation
system.
(d) Impact, both positive and negative, on the City's drainage and
storm sewage system,
(e) For residential developments, the amount of recreational facilities
provided.
(f) Impact, both positive and negative, on other public facilities.
(g) Conformance to Woodburn Comprehensive Plan Goals and Policies:
The point system must be related to specific policies delineated in the quality
point system. The quality point system must be based on:
(1) Objective and measureable action;
(2} Based on specific criteria on how the policies will be met.
(h) If necessary, negative points for developing on an overloaded
or near capacity facility.
(i) Minimum points which a project must receive, and minimum size
of a project to qualify for phasing under Section 9.
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Section 1, Low Impact Project Exceptions.
(1} The City, in its quality point system, shall establish a low
impact projects exception which will allow projects of insignificant impact
to build without competing in the quality point system,
(2) Existing lots on the date of the calling into effect of this
ordinance as authorized in Section 4 may be allowed to construct one (1)
single family detached home lot as long as it is in conformance with other
applicable city ordinances. Persons may also develop the following uses with-
out consideration of the Growth Management Ordinance: churches, schools and
municipal buildings.
Section 8. Permits, How Issued.
(1) If the requests for permits are less than the quota established
by the Council under Section 5, then all permits shall be issued for that parti-
cular construction type (e.g., low density residential, high density residential,
low and moderate income housing, commercial,and industrial and public use).
(2) If there area greater amount of applicants than the building
quota would allow then the projects shall be treated in the following manner:
(a) The Program Coordinating Committee shall rate the projects
according to the point scale approved by the Council.
(b) The Program Coordinating Committee shall recommend to the
Planning Co~~mission its ratings for the projects.
(c) The Planning Commission shall review the ratings, after a
quasi-judicial hearing, and may amend or modify as it deems necessary.
(d} Projects shall then be assigned a priority according to the
final ratings, with projects having the highest rating the highest priority.
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(3} Prior to issuance of any building permits the Common Council
shall review the actions of the Planning Commission, If the Council deem it
necessary they may call a quasi-judicial hearing, and amend, modify, or re-
verse any decision of the Planning Commission,
(4} After the Council`s review, the permits shall be awarded to pro-
jects according to priority. All permits po5si~ble under the quota shall be
awarded.
(5} At least one competition for permits shall be held each year the
Growth Management Ordinance is in effect.
(6} If, after the first deadline for permits has passed, and not enough
applicants were received to issue all permits, then a new deadline shall be set
by the Planning Commission,
(7} If, after the first applications for permits in any one calendar
year have been granted, the Planning Commission finds that there are an excess
in one of the sectors of the building quota, the Commission may transfer, by
motion, the quota from one sector to another, The transfer will become effective
after review by the Common Council, The Council may amend, modify or deny the ~.
transfer if it deems it fit. In making the transfer of quota from one sector to an-
other the Planning Commission or Council shall call a hearing and shall use the
same criteria as established in Section 5(2} of this ordinance,
Section 9. Phasing of Projects.
(1} The Planning Commission may phase projects, i.e., break a project
into developmental units for the purpose of granting one or more phases for the
current claendar year and to guarantee permits for completion of said phases from
the following two (Z} calendar years allocation of permits.
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(2) The Commission shall phase projects when the number of applicants
which exceed the minimums established in the quality point system exceeds the
permits available.
(3} The Commission may not guarantee more than 601 of available permits
for the following two {2} calendar years in phasing projects.
(4} Each phase of a project must constitute a logical developmental
unit in itself, including, but not limited to, adequate sewer, water, storm drain-
age, transportation, recreational facilities, etc.
(5} The Commission may attach conditions it deems necessary to projects
to meet the criteria for phasing projects.
(6} The Commission shall attempt in phasing projects to:
(a} Fully utilize the quota established in Section 5.
(b} Grant the requests of the r~aximum number of applicants possible.
Section 10. Prod ects Time Limit.
{1} If a project receives a permit while the ordinance is in effect,
the project has 120 days from the notification of approval to begin construction.
(2} If the time limit expires on a project, its portion of the annual
quota shall be returned to the quota. The disqualified project shall be elegible
for competition for permits at a future date.
(3} If, after 120 days, it appears that substantial construction has
not commenced, the Planning Commission shall provide quasi-judicial notice, and
hold a quasi-judicial hearing, to determine the facts in the matter. If after
the hearing, it appears that unavoidable delays have occured in the project's
construction, the Commission may extend the time period for sixty {60} days at
a time.
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Section 11. Variances.
(1} Subject to the restrictions and provisions contained in this
ordinance, the Planning Commission shall have the power to vary or modify the
strict application of any of the regulations or provisions of this ordinance,
in any case when such strict application will result in practical difficulties
or unnececessary hardships. Power herein provided to the Planning Commission to
grant variances from strict application of the provision of this ordinance shall
be used sparingly, within the limits granted to the Planning Commission, within
the spirit and intent of this ordinance, applied reasonably to maintain and not
abolish the purpose and intent of the Growtih Management Ordinance.
(2} The Planning Commission may permit or authorize a variance when
it appears from the application, or the facts at the public hearing, or by in-
vestigation that all of the following criteria have been met:
(a) There are unnecessary unreasonable heardships or practical
difficulties which can be relieved only by modifying the literal requirements
of the ordinance.
(b} That there are exceptional or extraordinary circumstances
applying to the land, building, or specific project which do not apply to land
buildings or other projects in the city. However, non-conforming land uses or
structures in the vicinity shall not in themselves constitute such circumstances
or conditions.
(c) The granting of the application will not be materially detrimental
to the public well fare.
(d} That the granting of the application will not seriously over
burden the public facilities in the vicinity, or in the City as a whole.
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(e} That granting of the application will not adversely affect
the overall intention of bringing the City to within the stated population goals.
(3) The Commission shall hold a quasi-judicial hearing before con-
sidering the granting of a request for variance.
(4} The variance sha11 not become effective until after the Council has
reviewed tine variance, The Council may call up for review the action of the Com-
mission, and may, after a hearing, reverse, modify, or amend the variance.
Section 12. Appeals to Common Council. Any action of the Planning Com-
mission in administering this ordinance may be appealed to the Common Council by
an affected party. The affected party shall file notice of such appeal with the
City Recorder within 10 days of the Planning Commission's action.
Section 13. Amendments to the Text. The Planning Commission may re-
commend to the Council amendments of the text of the Growth Management Ordinance
after having a legislative hearing and notice. The Council may also a~~nend the
text of the Growth Management Ordinance after referring the matter to the Planning
Commission and receiving a recommendation from them within thirty (30} days. In
this case the Council must hold the public hearing as established above.
Section 14. Ordinance No. 1657, the City's prior Growth Management
Ordinance, is hereby repealed.
APPROVED: ~ ,:fig . '.~~~ ~~~ ; ' zY .,
E'. WALTER L` ~~ISON, MAYOR
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
NOVEMBER 26, 1979
NOVEMBEF, 27, 1979
NOVEMBER 27, 1979
NOVEMBER 27, 1979
~~~ ..
ATTEST: ~ ....--,.,. ,~..
EY 0. B RI ECORDER
CITY OF WOODBURN, OREGON
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I, BARMY 0. BURRZS, Recorder of the City of Woodburn, do
hereby certify that I caused to be posted three copies of
Orcla.nance No. 1689, one of which paid t~pies posted in the
City Hall on the bulletin board adjacent to the entrance to
the Recorder's Office, in full view of the traveling public;
a second. one of said copies postal on the Woodburn Public
Library bulletin board at 284 Garfie~.d Street, in full view
of the traveling public; a third one of said copies posted
on the O~rn~ruty Center bulletin board at 491 N. ~i,ird St.,
in full view of the traveling public; that all of said places
ale public places within the corporate limits of the City
of Woodburn and all of said copies were posted on the ;~~ ._
day of ~"`~1~-~~~ t~ ~~ ~~, 1979.
,~ ,,
Barney . B ls, Recorder
City of Woodburn, Oregon,