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Ord 1657COUNCIL BILL N0. 499 ORDINANCE N0. 1657 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 Woodburn 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 overtaxing its public facilities and to allow for proper planning of public capital improvement programs. Section 3. 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 the best available data: 1979 - 1989 1979 - 11,719 1980 - 12,260 1981 - 12,808 1982 - 13,357 1983 - 13,905 1984 - 14,453 1985 - 15,002 1986 - 15,527 198? - 16,092 1988 - 16,578 1989 - 17,103 1990 --20Q0 1990 - 17,628 1991 - 18,165 1992 - 18,703 1993 - 19,240 1994 - 19,778 1995 - 20,315 1996 - 20,852 1997 - 21,389 1998 - 21,926 1999 - 22,463 2000 - 23,000 Upon the determination of the City's population, if it exceeds by ten percent (10%) the population projected for that year, the City shall publish notice that the Growth Management Ordinance is in effect twice, over a period of 14 days, in a newspaper having; general circula- tion in Woodburn. Page 1 - COUNCIL BILL N0. 499 ORDINANCE N0. 1657 (2} The Council may also, after a public hearing, call the Ordinance into effect when deficiencies are foreseen or are occurring in providing necessary and essential public services, when continued unmanaged growth would compound the deficiencies. (3} The Council may also call the ordinance into effect, after a public hearing, due to any other circumstances which endanger the public peace, health, safety or general welfare, and which growth management would ameloriate. Section 4. Building Quota Set. (1) The Council shall, upon recommendation of the Planning Commission, and after a public hearing, establish a building quota to bring the city's population to within the limit established by this ordinance in Section 3 (1), or other limit as provided in Section 3 {2) or Section 3 (3} within three years time. The building quota shall use as its criteria the amount of sewage produced by the proposed development as measured in population equivalents. The City shall also establish a quota for the separate types of construction as follows: (a) Residential developments of less than 6 dwelling units per acre. (b) Residential developments of more than 6 dwelling units per acre. (c} Commercial, industrial and public use developments. Section 5. Quality Point System. (1} All projects including, but not limited to, new sub- divisions and partitionings, new planned unit developments, new apartment developments, new mobile home developments, new commercial, industrial and public use developments, shall be rated using a quality Page 2 - COUNCIL BILL N0. 499 ORDINANCE N0. 1657 point system. 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 recre~., ational facilities provided. (f) Conformance with the Woodburn Comprehensive Plan Goals and Policies. (g) If necessary, negative points for developing on an overloaded or near capacity facility. (2} A program coordinating committee shall be established, appointed by the Mayor, and approved by the Common Council, and be drawn from the City staff, Planning Commission, and general public. The committee shall have seven (7) members. (3) The Program Coordinating 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 is hoped to be accomplished by it. The Planning Commission shall review and may amend the point scale, The Planning Commission shall recommend the scale to the Common Council and include Page 3 - COUNCIL BILL N0. 499 ORDINANCE N0. 1657 a report on the rationale for the scale and what is hoped to be accomplished by it, The Council may amend the recommended scale. The Council shall adopt the point scale and report by a resolution. (4) If the requests for permits are less than the quota established by the Council, under Section 4, then all permits shall be issued for that particular construction type (e.g., low density residen- tial, high density residential, commercial, industrial and public use). (5} If there are a greater amount of applicants than the building quota would allow then the projects shall be rated in the following manner. (a) Persons desiring to build shall apply to the City for permits on application~~forms provided by the City. (b) The Program Coordinating Committee shall rate the projects according to the point scale approved by the Council. (c) The Program Coordinating Committee shall recommend to the Planning Commission its ratings for the projects. (d) The Planning Commission shall review the ratings and may amend or modify them as it deems necessary, and may assign points which are reserved to the Planning Commission only. Project applicants may challenge the rating given by the Program Coordinating Committee at this time. After reviewing the ratings, the Planning Commission shall approve the projects which are allowed under the building quota. (e) Projects shall then be prioritized according to the final ratings, with projects having the highest rating being the highest priority. (6) Prior to issuance of any building permits the Common Council shall review the actions of the Planning Commission. If the Council deems it necessary they may call up and amend, modify, or reverse any decision Page 4 - COUNCIL BILL N0. 499 ORDINANCE N0. 1657 of the Planning Commission or Program Coordinating Committee. (7) If, after the first round of permits have been given out, the Planning Commission finds that there is an overabundance in one of the sectors of the building quota, the Commission may transfer, by motion, the P.E.'s 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 I.t deems f it . Section 6. Projects time period.. 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. If, after 120 days, it appears that substantial construction has not commenced, the Secretary of the Planning Commission shall notify the project owner that the Planning Commission shall hold a hearing to determine if construction has been abandoned. If, after the hearing, the Planning Commission determines that the construction has been abandoned, or that undue delays are probable, the Planning Commission may remove that project's approval, and give approval to the next lower points project on the priority list. The Commission may also extend the time period for sixty (60) days at a time if unavoidable delays have occurred in the project's construction. Section 7. Phasing of Projects. (1) The Planning Commission may phase projects, i,te., break a project into developmental units for the purpose of granting one or more phases for the current calendar year and to guarantee P.E.'s for completion of said phases from the following two (2) calendar years allocation of P.E's. (2) The Planning Commission shall use the following criteria in deciding when and how to phase projects requesting P.E.'s under the Page 5 - COUNCIL BILL N0. 499 ORDINANCE N0. 1657 Growth Management Ordinance. (a) To be eligible for phasing, the project must have requested P.E.'s under the Growth Management Ordinance in the c~~endar year for which it has applied. (b) The phasing should constitute logical developmental units with each phase providing the services necessary for the project including, but not limited to, sewer, water, storm drainage, street improvements, traffic circulation, recreational facilities and buffered landscaped areas. (c) The Commission may assign extraordinary benefit points for phasing a project voluntarily by the developer, if the Commission determines that phasing a project furthers the goals of the Growth Management Ordinance, or otherwise benefits the city. (d) The Planning Commission may establish minimum points which a project must receive to qualify for phasing under the quality point system. Section 8. 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 passage of this ordinance may be allowed to construct one (1) single family detached home per lot, as long as all necessary city services are available at the lot's frontage or within reasonable distance. Section 9. variances. Procedure for variances to the Growth Management Ordinance shall be the same as for variances from the Zoning Code. Page 6 - COUNCIL BILL N0. 499 ORDINANCE N0. 1657 Section 10. Amendments to the Text. The Planning Commission may recommend to the Council amendments of the text of the Growth Management Ordinance after having a public hearing and giving notice in t the same fashion as amendments to the text of the Zoning Code. The Council may also amend the text of the Growth Management Ordinance after referring the matter to the Planning Commission and receiving a recommen- dation from them within thirty (30) days. In this case the Council must hold the public hearing as established above. ,~ _ . . . APPROVED: . E.~WALTER LAW ON, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder February 26, 1979 _February 26, 1979 February 27, 1979 February 27, 1979 ATTEST. Barney Burris, Recorder City of Woodburn, Oregon Page 7 - COUNCIL BILL NO. 499 ORDINANCE N0. 1657 I, BARNEY 0. BURRIS, Recorder of the City of Woodburn, do hereby certify that I caused to be posted three copies of Ordinance No. 1657, one of which said copies 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 posted on the Woodburn Public Library bulletin board at 280 Garfield St., in full view of the traveling public; a third one of said copies posted on the Community Center bulletin board at 491 N. Third St., in full view of the traveling public; that all of said places are public places within the corporate limits of the City of Woodburn and all of said copies were posted on the 2nd day of March 1979 ~ ~ ~. a ney 0 Bur 1 , Recorder City of Woodburn, Oregon