MARION COUNTY BOARD OF COMMISSIONERS  PBB  OREGON Board Session Agenda Review Form  Meeting date: June 5, 2024 Department: Public Works  Title:  Continued public hearing to consider City of Aumsville UGB Amendment  Management Update/Work Session Date: 12/12/2023  Audio/Visual aids Phone: 503-566-4174  Time Required: 10 min  Contact: Austin Barnes  Requested Action: Continue a public hearing to consider concurring in an amendment to the City of Aumsville Urban  Growth Boundary or decline to concur at this time.  Issue, Description &B Background:  On October 23, 2023, the City of Aumsville held a public hearing to consider a 22.57 acre amendment to the Urban Growth Boundary for a new city park. On November 2, 2023, the city submitted its adopting ordinance with al letter requesting the county concur int the expansion. On January 10, 2024, the Marion County Board of Commissioners approved a resolution initiating amendments to the county comprehensive plan to consider concurring in an amendment to the City of Aumsville Urban Growth Boundary and scheduled a public hearing for February 21, 2024. The hearing was held and neighbors attended and raised concerns regarding the proposal. The city has completed additional outreach and the matter is before thel board at a continued hearing.  Financial Impacts:  None  Impacts to Department None & External Agencies:  List of attachments: Presenter: Department Head Signature:  Staff report, map of admendment area, city ordinance.  Austin Barnes  BuHlt    County Commissioners Kevin Cameron, Chair Danielle Bethell Colm' Willis Chief Administrative Officer Jan] Fritz  Director Brian Nicholas, PE Deputy Director Dennis Mansfield  Marion, County OREGON  MARION COUNTY PUBLIC WORKS  MEMORANDUM TO: FROM:  Marion County Board of Commissioners  Marion County Public Works/Planning- Austin Barnes Growth Boundary Amendment (Legislative. Amendment 23-003)  SUBJECT: Amendment to thel Marion County Comprehensive Plan -City of Aumsville Urban  DATE: BACKGROUND  January 31,2024  This matter comes before thel Marion County Board of Commissioners. at the request oft the City of Aumsville for concurrence in and adoption of an amendment to the Aumsville Urban Growth Boundary. The city has held public hearings on the amendments and has adopted an ordinance amending the city's urban growth boundary. Because the city's comprehensive plan is a component oft the county's comprehensive plan, and Oregon Revised Statutes 197.025(1). gives the county responsibility to coordinate all planning activities with the county, the county must consider whether to concur in the city's Establishment and change ofurban growth boundaries shall be a cooperative, process among cities, counties and, where applicable, regional governments. An urban growth boundary and amendments to the boundary shall be adopted by all cities within the boundary and by the county or counties within which Thel Marion County Board of Commissioners adopted the Aumsville Urban Growth Boundary and Comprehensive Plan for the area outside the city but within the county on May 2, 1979 (Ordinancel No. 535). Marion County and the City ofAumsville entered into an Urban Growth Boundary and Policy Agreement (UGBPA) on May 12, 1986. The UGBPA establishes procedures for coordinating land use matters ofr mutual concern. The UGBPA provides for the county to concur in the city's comprehensive plan and to adopt those provisions for application within the urban growth area (the area within the urban growth boundary outside the city limits). Such provisions include urbanization policy changes, plan map amendments affecting properties ini the urban growth area, and urban growth boundary changes. During the city's public hearings process on the current amendments to its plan, county planning staff communicated witht the city's planning consultant. County staff had no concerns that needed to be On) December 10, 2023, the Board of Commissioners approved Resolution: 24R-1 initiating the review process to amend the Marion County Comprehensive Plan by adopting an amendment to the City of Aumsville Urban Growth Boundary and setting aj public hearing date of February 21, 2024 to receive  amendment. In addition, Goal 14-Urbanization, states:  the boundary is located, consistent with intergovermmenta agreements [..J.  addressed by the city's planning consultant.  testimony on the proposed amendments.  5155 Silverton Road NE: Salem, OR 97305 www.comaron.orus- Phone: (503)5 588-5036 - FAX: (503)5 588-7970    Amendment to thel Marion County Comprehensive Plan - City ofAumsville Urban Growth Boundary  Amendment (Legislative. Amendment: 23-003)  Page 2  CITY OFA AUMSVILLE URBAN GROWTH BOUNDARY, AMENDMENT  The City of Aumsville is proposing to expand its urban growth boundary (UGB) by 22.57 acres to create a new city park on the eastern side of the city. An analysis was conducted by the city's consultant that found the park was needed for the city as identified in the city's adopted 2023 update to the Aumsville Parks The city identified a variety oft types of parks the city needs and a variety of means to provide more park land within the city. The analysis found that a 20-acre park on the east side oft the city was first identified int the 1996 Aumsville PMP and subsequent 2017 and 2023 update. This was inj part due to1 the fact that the east side of Aumsville has only one park of3.02 acres in size. This analysis was supported by extensive One of the means the city identified to achieve more park land was to acquire land outside the urban growth boundary and annex the landi into the city. The city went through thej process in state: statute and Goal 14. Additionally the city worked with property owners bordering on the existing city limits, to identify additional potential land that could bel brought into the city to meet its park land need. All oft the land within the city'ss study area, and all of the land adjacent to the existing City limits, consist of] high value soils. The statute gives them the same priority for being considered to be added to the city's urban growth boundary. Goal 14: requires cities to establish a1 maintain Urban Growth Boundaries to separate urban land from rural lands. UGB's must have a 20-year land supply to meet identified employment, housing andj public facility needs. The UGB rulei includes detailed requirements for UGB amendments and allows cities to expand UGB's where necessary to accommodate public facilities - such as parks = that require site specific characteristics. Int this case, the Eastside Community requires a site with at least The city applied the Goal 14 locational factors to the land proposed to be added to the urban growth boundary. The city determined that the land would efficiently accommodate the needed park land. In addition the proposed expansion would allow for the orderly and economic provision of public facilities and services. Comparatively, the site would possibly havea a more: favorable impact on any environmental, energy, economic and social consequences than other properties, with positive social consequences anticipated whent thel landi isac community park fort the city. Lastly, the city determined that the low-intensity The city's findings support: the boundary expansion, the priority ofl land to be included within the urban growth boundary, and address the Goal 14 factors and the statutory provisions for an amendment ofan The Urban Growth policies contained in the Urbanization section oft the Marion County Comprehensive Plan must also be reviewed against the proposal. The city has addressed each policy in their analysis and REDESIGNATION OF) PROPEKTIADDED TOTHE URBAN GROWTH BOUNDARY The city determined that the appropriate designation for the properties in its comprehensive plani is the Public (P): zone. The city proposes to apply al P: zone once the land is annexed intot the city limits. After 5155 Silverton Roadi NE: Salem, OR 97305 - www.o.maron.rus Phone: (503) 588-5036- - FAX: (503): 588-7970  Masterplan (PMP).  public outreach the city did when updating its PMP.  20 acres located on the east side of Aumsville with Class II, II and IV soils.  use of the property as aj park would not conflict with adjacent farm operations. urban growth boundary to include sufficient park lands withini the boundary.  staff has found their findings to be adequate for the proposal.    Amendment to thel Marion County Comprehensive Plan - City of Aumsville Urban Growth Boundary  Amendment (Legislative Amendment 23-003)  Page 2  they have been included int the UGB and their designation in the Aumsville Comprehensive Plan changed to P, but until the land is annexed, the county must apply an urban zone to the properties consistent with  the city plan designation.  Chapter 16.13 oft thel Marion County Code, the Urban' Transition zone states:  "Thel UT (urban transition) zone is intended to retain and protect for future urban use properties which are undeveloped or underdeveloped and doi not have available urban facilities such as sanitary sewer, water, drainage and streets. The zone allows the continuation ofl legally established uses and establishment of uses compatible with thej plan designation. In areas planned for development: relying on urban services, transitional uses may be allowed which will not interfere with the efficient, later use of the land for planned urban uses." Since the properties are currently undeveloped and are not served by City of Aumsville utilities, applying the UT-20: zone1 to thej properties is consistent with the purpose oft the: zone and does not allow the parcel The city has addressed all applicable state planning goals, statutes and rules in addition to their comprehensive plan policies and Marion County's comprehensive plan's urbanization policies. Staff has found their proposal to be compliant with these standards. The city has proposed to zone the land Public (P) and annex the 22.57 acres of land being added to the UGB concurrent with the UGB expansion.  tol be divided and built upon before thej park can be annexed and established.  RECOMMENDATION  Staffr recommends that thel Board concur in the City ofA Aumsville's Comprehensive Plan amendment to its Urban Growth Boundary by approving amendments toi thel Marion County Comprehensive Plan for the City ofA Aumsville Urban Growth Boundary by adding 22.57 acres fora aj public park and re-zoning the land added to the urban growth boundary UT-20 (Urban' Transition, 20-acre density standard).  5155 Silverton Road NE Salem, OR 97305- www.co.marion.or.us Phone: 503)588-5036-FAX:(603)588-7970    Bermand Screen Planting  Quatreloil Inc  Grass Amphitheater Stage  S  IRA SE  BMXTrack.  LOCATIONPLAN  Future Access Road: Futurel LoopPath.  Parking Arei Future Park  Multi-Use Field  Dog Park  Park Master Plan Pond Pond REVISIONS: FuturePark Acquisition East DATE: 4.3.2023 SCALE: 1"-50-0r SHEET: MP.1  Future Activity Center 170.0"  Bike Path.  Road.  455  22.57A Acres  no Area    ORDINANCE NO. 721  AN ORDINANCE AMENDING THE CITY OF AUMSVILLE URBAN GROWTH BOUNDARY TO INCLUDE LAND NEEDED TO ACCOMMODATE THE EASTSIDE COMMUNITY PARK; AND AMENDING THE CITY OF AUMSVILLE COMPREHENSIVE PLAN MAP (Aumsville File No. 2023- WHEREAS, Goal 8 "Recreational Needs" oft the Oregon Statewide Planning Goals requires Aumsville plan for the provision of parks and recreation facilities within jts urban growth boundary (UGB) to meet WHEREAS, on June 26, 2023, Aumsville City Council adopted amendments to both the Aumsville Comprehensive Plan and the City of Aumsville Parks Master Plan that identified an unmet recreational need for an Eastside Community Park and siting requirements for an Eastside Community Park; and WHEREAS, no land is available within the existing Aumsville UGB: suitable to meet identified siting WHEREAS, the City conducted an evaluation of lands within a mile of the existing UGB consistent with WHEREAS, Marion County Assessor's Map and' Tax Lot No. 081W30D 00600, containing 22.57 acres and zoned Special Agriculture (SA) (the Subject Property) is the highest priority land that meets WHEREAS, the Subject Property has been acquired by the City for the purpose of providing an Eastside Community Park serving existing developed and planned residential and employment areas WHEREAS, Aumsville City Council desires to expand the Urban Growth Boundary (UGB) to include the WHEREAS, the City of Aumsville has provided notice to the Department of Land Conservation and Development of the proposed UGB amendment at least 35 days prior to the first evidentiary hearing WHEREAS, the City of Aumsville has coordinated closely with Marion County regarding the proposed UGB amendment and the effective date of this Ordinance will be the date that the Marion County Board WHEREAS, on October 5, 2023, the City of Aumsville Planning Commission held a duly noticed public hearing on the UGB and plan amendments and voted to recommend approval of the UGB and plan WHEREAS, on October 23, 2023, after considering the recommendation of the Planning Commission and evidence and argument in the record, the City Council held a duly noticed public hearing on the  09 CPMA-Eastside)  the needs of planned population for the next 20 years; and  requirements of an Eastside Community Park; and  OAR 660-024 requirements; and  identified siting requirements for an Eastside Community Park; and  located within the currently existing UGB; and  Subject Property for use as an Eastside Community Park; and  before the City as required by ORS 197.610; and  of Commissioners approves the proposed UGB expansion by Board order; and  amendments to the City Council; and UGB and plan amendments; and    WHEREAS, after the close of the public hearing the City Council deliberated on the proposal and WHEREAS, the City Council concludes the UGB and plan amendments are consistent with applicable statewide planning goals, City of Aumsville Comprehensive Plan policies, the City of Aumsville Parks  adopted the findings of fact as presented in the staff report; and  Master Plan, and applicable Marion County Comprehensive Plan policies; NOW, THEREFORE, THE CITY OF AUMSVILLE DOES ORDAIN AS FOLLOWS:  Section 1. Findings. The findings set forth above and in the attached Exhibit A are hereby adopted in support of the amendment toi the Aumsville Urban Growth Boundary and corresponding Comprehensive Section 2. Urban Growth Boundary Amendment. The Urban Growth Boundary, as established on the Comprehensive Plan Map of the City of Aumsville, originally adopted by Ordinance No. 465 (as amended by Ordinance No. 721), is hereby expanded to include 22.57 acres, as described in Exhibit A Section 3. Comprehensive Plan Map Amendment. The Comprehensive Plan Map of the City of Aumsville, originally adopted by Ordinance No. 465 (as amended by Ordinance No. 721), is hereby amended in accordance with Exhibit. A and as depicted in Exhibit CV with the expansion area designated Section 4 - Severability, The sections, subsections, paragraphs, and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of Section 5-1 Effective Date. This Ordinance becomes effective as of the date of the Marion County Board of Commissioners' order co-adopting the Urban Growth Boundary expansion described in Section  Plan Map Amendment, which are adopted by Sections 2 and 3 of this Ordinance.  and depicted in Exhibit B to include the expansion area.  as City Public (P).  the remaining sections, subsections, paragraphs, and clauses.  2 oft this Ordinance.  APPROVED this 83 day of Oot. 2023, by the City Council of the City of  Aumsville, Marion County, Oregon.  Cela, Mayor  ATTEST: Eg  E824  Ron  Harding, City Administrator  Ordinance 721  2