Ord 1547COUNCTL BILL N0. 329
ORDINANCE N0. 1547
AN ORDINANCE ESTABLISHING A SYSTEM FOR ALLOCATING PERMITS UNDER A
LIMITED GROWTH QUOTA, AND DECLARING AN EMERGENCY.
4dHEREAS, the State Department of Environmental Quality has imposed
a restriction of 300 popplation equivalence of additional sewage during
the calendar year January 1, 1977 through January 1, 1978.
WHEREAS, the City has determined that the 300 population equivalency
allowed by the Department of Environmental Quality is not enough to
accomodate the natural growth of the City during the calendar year, and
WHEREAS, the City has established the following goals to aid in the
establishment of a system for allocating building permits:
1. Establish a system which will issue the permits with the
least amount of time and problems.
2. Maintain a healthy mix of single and multiple family dwellings,
commercial and industrial development.
3. maintain a healthy competition in the building and housing
market place.
4. Help to insure that the development which takes place is of the
highest quality and in accordance with the Comprehensive Plan.
5. Insure that the system established will be administered with
impartiality and any interest or potential conflicts of
interest or loop-holes be eliminated.
6. Insure that permits will be issued only for bona-fide building
and not be held for speculation.
7. Assign priorities so that persons who have committed resources
to planning and purchase of land before the moratorium are
favored.
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ORDINANCE N0. 1547
8. Have the most positive effect on the local economy in terms
of cash flow into the City and local government.
WHEREAS, the City has evaluated the past and projected population
growth; past building activity; mix of housing types in the City;
sources of municipal sewage by use; inventory of vacant buildable lots
in the City for residential use; and
WHEREAS, the City has found that allocating permits separately for
single family and multi family and commercial-industrial and public
uses would be in the public interest, and
WHEREAS, the City has determined that the remaining population
equivalency should be allocated in the following percentages:
62% Single Family
12% Multi Family
25% Commercial-Industrial
NOW, THEREFORE, THE PEOPLE OF THE CITY OF WOODBURN DO ORDAIN:
Section 1. There is hereby established a Program Coordinating Comm-
ittee, the membership of which shall be selected by the City Administrator.
This Committee shall have administrative pawer 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 2. Single Family building permits shall be allocated in
the fallowing manner:
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ORDINANCE N0. 1547
(a} Public notice shall 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 1977 shall be required to register with
the building inspector within thirty days after public notification.
To be eligible for speculative hame permits a contractor must, 1}
be a licensed general contractor in the State of Oregon, and 2} 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) General Contractors who have taken out permits for two speculative
homes shall be allowed to take out permits thereafter on pre-sold
homes or to replace the speculative homes. Proof of sale or proof
of financing shall be required before addit~anal permits can be
issued.
(d} If a contractor has not utilized his speculative home permits
by August 1, 1977 or the pool of permits allocated for single family
homes has been depleted, which ever comes last, he forfeits his
rights fora speculative home permit for the calendar year 1977.
(e} A person not eligible under Paragraph b shall be eligible to
receive one building permit for construction of a single family home
as long as there are building permits available.
(f) Rights to single family home building permits are not transferable.
(g) Woodburn High School Homebuilder Program, known as Bulldog
Builders are guaranteed one permit.
(h} Permits shall be issued until, in the determination of the
City Engineer, 165.2 population equivalency has been allocated
then no further permits may be issued during the calendar year
1977 except as otherwise provided in this ordinance.
Section 3, Multi-unit structure building permits will be rated by
the following system:
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ORDINANCE N0. 1547
(a} After the first application is received public notice sha]1
be given that other parties have 45 days within which to file for
a permit. If the total population equivalency of projects requesting
permits does not exceed the amount established by this Ordinance,
all requests shall be granted, subject to all other city regulations.
(b} Applicants shall be required to submit a ~lot~ plan which shall
show location of buildings, parking, landscaping, storm sewer,
sanitary sewer, water service, ingress and egress points, and
any other information required by the evaluation committee.
(c} Points shall be assigned the project under the following
system. A11 ratings 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 water system = 0-10 points
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 recreation equipment plus the value of the land
occupied by that equipment divided by the value of the total
project and land times 200 = X point.
7. ~.andscaped area above the requirements in the City ordinances
divided by the total area,times 100 = X points.
(d} The evaluation committee shall rate items two through seven and
the Planning Commission shall review and may amend the ratings and
may assign points for Item 1 if they find it appropriate.
(e} The project shall be prioritized and population equivalency
assigned until the allocation is exhausted. If additional
population equivalency is left after all projects have been rated
the process will start again.
(f} The rules of the Planning Commission followed on quasi-
judicial proceedings shall apply to the ratings as well.
(g} Permits shall be issued until, in the determination of the
City Engineer, there has been a 31.3 population equivalency allocated.
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ORDINANCE N0. 1547
Section 4. Commercial, industrial and public uses as defined in
the Woodburn zoning ordinance shat] use the following rating system:
(a} After the first application is received public notices shall
be given that other parties have 45 days within which to file for
a permit. If the total population equivalency of projects requesting
permits does not exceed the amount established by this ordinance,
all requests shall be granted, subject to all 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
any other information required by the evaluation comittee.
(c} Points shall be assigned the project under the following system.
1. Extraordinary benefit to the public peace, health, safety,
and general welfare = 15 points.
2. Population equivalency divided by 10,000 square feet of
f 1 oor space = negative pb-i,nts
3. Beneficial effect on the transportation system = 0-10 points
4. Beneficial effect on the water system = 0-10 points
5. Beneficial effect on the storm sewer system = 0-10 points
6. Beneficial effect on the sanitary sewer system = 0-10 points
7. Landscaping over the requirements of the ordinance divided
by the total area, times 100 = X points.
(d} The evaluation committee shall rate items two through seven
and the Planning Commission shall review and may amend the ratings
and may assign points for Item I if they find it appropriate.
(e} The project shall be prioritized and population equivalency
assigned until the allocation is exhausted. If additional pop-
ulation equivalency is left after all projects have been rated
the process will start again.
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ORDINANCE N0. 1547
(f} The rules of the Planning Commission followed on quasi-
judicial proceedings should apply to the ratings as well.
(g) Permits sha]1 be issued until in the determination of the
City Engineer, there has been 65 population equivalency allocated.
(h} Commercial, Industrial or Public Use projects would have a
rating of 1 P.E. or less will be issued a permit automatically and
will not have to be rated.
Section 5. All persons who have received notification that their
project has been granted a permit under the provisions of Section 3 or
4 of this ordinance, must:
(a} apply for and be issued the permit within 10 days from
notification. If the permit has not been applied for after
10 days, the next highest prioritized project will receive the
permit.
(b) Any building permit received fora project under the
provisions of this ordinance w~li expire w~th~n 100 days of
issuance, unless a substantial start has been made on the
project.
Section 6. This ordinance will expire at midnight, December
31, 1977 unless extended by a motion of the Common Council.
Section 7. 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 upon its
passage by the Council and approval of the Mayor.
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ORDINANCE N0. 1547
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
February 28, 1977
February 28, 1977
March 1, 1977
Filed in the office of the Recorder March 1, 1977
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ATTES -~, . ,.. ~ ~ ~ ,~,~~:
BARNEY 0. KRIS, Recorder
City of Woodburn, Oregon
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ORDINANCE N0. 1547
I, BARNEY 0. BURRIS, Recorder of the City of Woodburn, do
hereby certify that I caused to be posted three copies of
Ordinance No. 1547, 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 Paul Sowa and Sons building at 182 Young Street, 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 that all of said copies were posted on the
4th day of
March 1977.
....
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Barney 0 Burris, Recorder
City of Woodburn, Oregon