Ord 1593COUNCIL BILL N0. 401
ORDINANCE N0. 1593
AN ORDINANCE ESTABLISHING A QUOTA OF POPULATION EQUIVALENCE FOR BUILDING IN
1978, ESTABLISHING A SYSTEM FOR ALLOCATING BUILDING PERMITS UNDER THE QUOTA,
AND DECLARING AN EMERGENCY.
THE PEOPLE OF THE CITY OF WOODBU RN DO ORDAIN:
Section 1. This ordinance shall be known as The Woodburn Limited
Growth Ordinance, and may be so cited and pleaded.
Section 2. There is hereby established a Program Coordinating
Committee to assist the City in allocating building permits in accordance
with the limitation on building within the City. The membership shall be
selected by the City Administrator and shall consist of a representative from
the City Attorney's office, a representative from the City`s Planning staff,
a representative from the Public Works Department, a representative from
the Planning Commission, and the Building Official of the City of Woodburn.
The Committee shall have administrative power under this ordinance to
establish procedures, recommend changes to the Planning Commission and Common
Council and evaluate requests for permits under the provisions of this
ordinance.
Section 3. Definitions:
a. Population Equivalency. The amount of sewage which equivalent
to the waste produced by one individual in a 24 hour period,
which is defined as 7a gallons of ,liquid waste or .17 lbs. of
BODS per day, whichever is greater.
b. Pre-Sold House. A house that is built where the prospective
owner and occupant is known and has committed money to the
project.
c. Single Family House. For the purposes of this ordinance, a
Single Family House shall be a conventionally built home, a
mobile home, or townhouse condominiums which are designed to
be sold as individual units.
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Ordinance No. 1593
d. Speculative HOUSe. A house built by a contractor where there
is no known purchaser or occupant.
Section 4. Building quota for 1978. The Woodburn Common Council
finds that it is in the public interest that no more than 450 population
equivalents of additional construction shall be built in the calendar year
of 1978. This quota shall be allocated in the following manner:
a. Twenty-five percent (25i} of the total P.E. shall be allocated
to Single Family Residential construction.
b. Twenty-five percent ~Z5%} of the total P.E. shall be allocated
to Multiple Family Residential construction.
c, Twenty-five percent ~Z5/} of the total P.E. shall be allocated
to Commercial, Industrial and Public Use construction.
d. Twenty-five percent (Z5i} of the total P.E. shall be kept
in a discretionary pool. If the allocation in any other
category proves inadequate, the Planning Cor~nission may, at
its discretion, increase that allocation by using the P.E.'s
that are kept in the discretionary pool.
Section 5. Single Family Permits. Single Family building permits
shall be allocated in the following manner:
a. Public notice sha11 be published in a paper having general
circulation in Woodburn for two consecutive weeks.
Any contractor desiring to build speculative homes in Woodburn
during the calendar year 1978 shall be required to register
with the Building Inspector within 30 days after public notif-
ication. To be eligible for speculative home permits, a
contractor must: i} be a licensed general contractor in the
State of Oregon; and Z} own or have access to property in
the City on which to build a home.
b. Any general contractor which does not register by the deadline
established under this ordinance shall be eligible only for
pre-sold home building permits.
c. Allocation of speculative homes - Every general contractor
who qualifies under paragraph a. may receive permits for up
to two speculative homes. If the contractor can prove that
. he has access to more than 20 lots to build on during calendar
year 1978, he may then receive 10/ of the lots he has available
to build on as speculative homes. After the number of speculative
home permits have been issued to the contractor, the only permits
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Ordinance No. 1593
that the contractor will be allowed to receive will be for
pre-sold homes or to replace a speculative home sold. Proof
of the sale or financing shall be required before additional
permits can be issued.
d. If a contractor has not utilized his speculative home permits
by August 1, 1978, or the pao] of permits allocated for single
family homes has been depleted, whichever comes last, he forfeits
his rights fora speculative home permit for the calendar
year 1978.
e. A person not eligible under paragraphs a or b shall be eligible
to receive one building permit for construction of his personal
single family home as long as there are building permits avail-
able. Evidence shall be presented that the lot is owned by
the builder before a permit shall be issued.
f. Rights to single family home building permits are not
transferable.
g. Woodburn's High School Homebuilder Program, known as Bulldog
Builders, are guaranteed one permit.
Section 6. Rating system for structures other than Single Family
Residential. All structures other than single family residential shall be
reated and prioritized using the following system:
a. After the first application is received, public notice shall
be given that other parties have 30 days within which to file
fora permit. If the total population equivalence of projects
requesting permits does not exceed the amount established by
this ordinance, all requests shall be granted, subject to other
city regulations.
b. Applicants shall be required to submit a plot plan which shall
show location of buildings, parking, landscaping, storm sewer,
sanitary sewer, water service, ingress and egress points, and
other information required by the Program Coordinating Committee.
c. The amount of sewage produced by each project, rated in P.E.'s,
shall be determined by the City Engineer.
d. Points shall be assigned to the project under the following
system. All reatings will be judged as they affect the City
as a whole.
1. Extraordinary benefit of the project to the public peace,
health, safety and welfare = 0-20 points.
2. Beneficial effect on the local transportation system = 0-10
points.
3. Beneficial effect on the water system = 0-10 points.
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Ordinance Ho. 1593
4. Beneficial effect on the storm sewer system = 0-10 points.
5. Beneficial effect on the sanitary sewer system = 0-10 points.
6. The value of the recreation equipment (URE) plus the value
of the land occupied by that equipment (ULO} divided by the
value of the total project and land (VTPL), time 40 = the
points allocated (PA). (These points shall apply only to
multiple family residential projects.}
URE + VLO X 40 = (PA)
VTPL
7. Landcsaped area above the requirements in the City Ordinances
(LA) divided by the total area (TA}, times 20 = the points
allocated (PA}.
LA X 20 = (PA)
TA
8. Population equivalency time 1,500 (PE X 7,500), divided
by total square footage of floor space (TFS} = negative
point allocation (NPA). (This negative point allocation
shall apply to Commercial,Industriai and Public Use projects
only.}
(PE XTFS500 = (NPA)
9. Any project discharging to the Lincoln Street interceptor
will be assigned a negative 25 points.
e. The Program Coordinating Committee shall rate all projects
and assign points as established by this ordinance, except for
item number one. The Planning Commission shall then review and
may amend the ratings established by the Program Coordinating
Committee. The Planning Commission may also, if they find it
appropriate, assign points for projects that are of extraordinary
benefit to the public peace, health and safety. The Planning
Commission, in assigning these points, shall specifically
enumerate what aspects of the project are extraordinarily
beneficial to the public peace, health and safety.
f. Before any permits are issued the ratings of the Program
Coordinating Committee and the decisions of the Planning Commission
shall be reviewed by the Common Council. The Council may amend
or modify any decision of the Planning Commission and the Program
Coordinating Committee. All projects shall be prioritized according
to their final score as assigned by the Planning Commission.
Population equivalents will then be assigned until the allocation
is depleted. If, in the case that there is insufficient population
equivalents to allow construction of a particular project, the
Planning Commission may assign any remaining P.E. to a lower
prioritized project which has a requirement for fewer P.E.
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Ordinance No. 1593
g. All projects which receive approval to build must begin construction
within; 100 days from the date of the final determination by the
Planning Commission. if a project fails to begin construction
within 100 days, the next eligible project on the prioritized
list shall receive the building permit.
h. The procedural rules of the Planning Commission used for quasi-
judicial proceedings shall apply to the rating determination.
Section 7. Any project which is determined by the City Engineer to
be less than one P.E. shall be granted a permit without going through the
rating system, as long as the allocation of P.E. for the year has not been
depleted, depleted.
Section 8. Remodelin or change of occupant'. Upon application
to the Program Coordinating Committee, permits may be granted to remodel
structures which will increase its sewage production. The Program Coordinating
Committee may grant permits for remodeling if the P.E. required is less than
two (2}. If more than two (2} P.E. are required for remodeling, the Program
Coordinating Committee will make a recommendation to the Planning Commission.
The Planning Commission will then make the final determination.
Section 9. Variances and exceptions. The Planning Commission has
the power to grant variances to the requirements of this ordinance if they
find that an extraordinary hardship has been created which can be relieved
by modifying the literal requirements of the ordinance. This power of variance
should be used sparingly, and the minimum necessary variance allowed to modify
the hardship. The procedures and criteria established under Section 15 of the
Woodburn Zoning Ordinance shall be follwed in granting variances under the
Limited Growth Ordinance, however, public hearings and notification of adjacent
property owners shall not be required unless the Commission deems it necessary
or desirable for the proceedings.
Section 10. This ordinance shall expire at midnight, December 31,
1978, unless extended by a motion of the Common Council.
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Ordinance ~o. 1593
Section 1]. This ordinance being necessary for the immediate
preservation of the public peace, health and safety, an emergency is declared
to exist and this ordinance shall take effect immediately upon passage by the
Council and approval by the Mayor.
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APPROVED ~~.,~ ~ .. w~ ~~ 4., ~.~ .~.~ ~~ -~:
Stanley C. Li s, Mayor
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Passed by the Council Februar y i3, 1978
Submitted to the Mayor Februar y 14, 1918
Approved by the Mayor Februar, ~ l4, 1978
Flied in the Office of the Recorder Februa~ 14, 1978
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ATTEST ~- ~~~ ~ ,~. ~;.y _~~
a~rney~ 0. B ri s, Recorder
City of Woodburn, Oregon
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Ordinance No. 1593
I, BARNEY 0. BURRIS, Recorder of the City of Woodburn, do
hereby certify that I caused to be posted three copies of
Ordinance No. 1593, one of which said copies posted in the
City Hall on the bulletin board opposite 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 Street, 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 publics 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
20th day of February 1978.
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Barney~O. Burris, Recorder
City of Woodburn, Oregon