MARION COUNTY BOARD OF COMMISSIONERS  Aarlon  OREGON Board Session Agenda Review Form  Meeting date: June 26, 2024 Department: Public Works  Title:  Schedule Final Consideration and Adoption of an Ordinance Concurring in the City of Silverton UGB/ Amendment  Management Update/Work Session Date: February 27, 2024  Audio/Visual aids Phone: 503-566-4174  Time Required: Or min  Contact: Austin Barnes  Requested, Action: Schedule Final Consideration and Adoption of an Ordinance Concurring in the City of Silverton  UGB Amendment for July 3, 2024.  Issue, Description & Background:  On September 11, 2023, Silverton held ap public hearing to consider a 40-acre amendment to the urban growth boundary for ai new city park. In December, the city submitted its adopting ordinance with al letter requesting the county concur. On April 10, 2024, the Marion County Board of Commissioners approved a resolution initiating amendments to the county comprehensive plan to consider concurring in the city's amendment and scheduled a public hearing for May 15, 2024. On May 15, 20241 the Board held al hearing and after considering the evidence in the record, concurred in the city's amendment, directing staff to return with an ordinance consistent with their decision. Now thel Board may schedule adoption oft the ordinance concurring int the City of  Silverton's Urban Growth Boundary Amendment for. July 3, 2024.  Financial Impacts:  None  Impacts to Department None &E External. Agencies:  List of attachments: Presenter: Department Head Signature:  Ordinance Austin Barnes  hor Brorlm Rich    BEFORE THE BOARD OF COMMISSIONERS FOR MARION COUNTY, OREGON  Int the matter ofa amending the Marion County Comprehensive plan by adopting a 40-acre amendment to the City of Silverton Urban Growth Boundary for public land and rezoning land added to the urban  ) ) )  LA23-004 Clerk's File No: Legislative Amendment  growth boundary.  AN. ADMINISTRATIVE ORDINANCE ORDINANCE NO.  THE MARION COUNTY BOARD OF COMMISSIONERS HEREBY ORDAINS AS FOLLOWS:  SECTIONI.  Purpose  This ordinance is enacted pursuant to the authority granted general law counties in the State of Oregon by Oregon Revised Statutes (ORS) Chapter 203, and the comprehensive land use planning and coordination with local government provisions under Chapters 195 and 197, by Amending the Marion County Comprehensive plan by adopting a 40-acre amendment to the City of Silverton Urban Growth  Boundary forj public land and rezoning land added to the urban growth boundary.  SECTIONIL.  Authorization  The Marion County Board of Commissioners initiated a legislative amendment to the Marion County Comprehensive Plan by Resolution No. 24R-b dated April 10, 2024. The legislative amendments came before the Board at the request of the City of Silverton for concurrence in and adoption of an urban growth boundary amendment being considered by the city, pursuant to the planning coordination and concurrence provisions under ORS Chapters 195 and 197, and the provisions of the executed January 26, 1988 Urban Growth Boundary and Policy Agreement between Marion County and the City of Silverton that establishes procedures for addressing land use matters of mutual concern, including amendments to the comprehensive plan and urban growth boundary. The Board held a public hearing on May 15, 2024, for which proper public notice and advertisement was given. The Board closed the hearing on May 15, 2024. All persons present during the public hearing and those provided notice of the hearing, were given the opportunity to speak or present written  statements on the proposed amendments.    SECTIONIIL.  Evidence and Findings  The Board has reviewed the evidence and testimony in the record. Based on the facts and findings in the record, as contained in Exhibits A and B, which are incorporated herein by this reference, the Board determines that the updated City of Silverton Urban Growth Boundary amendment conforms with the requirements under ORS Chapter 197 and the Statewide Land Use Planning Goals and Administrative Rules for the development and revision of comprehensive plans, with ORS Chapter 195 for county coordination with local comprehensive plan activities, and the Marion County Comprehensive Plan Urbanization Element on coordination with cities on growth  management policies and guidelines.  The amendment adopts a 40-acre amendment to the City of Silverton Urban Growth Boundary for public land toj provide a 20-year supply of recreational land and the redesignation of] lands included in the boundary expansion from a Marion County comprehensive plan designation of "Primary Agriculture" to City of Silverton Comprehensive Plan designations of "Public". The land will be rezoned from "Exclusive Farm Use" tol Marion County zoning plan designations of"Public".  SECTIONI IV.  Amendments to Marion County Comprehensive Plan  The Marion County Comprehensive Plan is amended to include the adoption of an updated City ofs Silverton Urban Growth Boundary for application in the area within the urban growth boundary that lies outside the city limits. The Marion County Comprehensive Plan Map is amended to include a 40- acre urban growth boundary expansion and changes in the Plan designation of those properties added to the boundary and within the urban growth area as depicted on the maps set forth in Exhibit C. The Marion County Comprehensive Plan and its implementing ordinances (zoning maps) are further amended to include the: rezoning of the properties included within the amended urban growth boundary  as depicted on1 the map set forth in Exhibit C to Public.  SECTION V.  Repeal OfPortions OfExisting Ordinances  Those portions of Marion County Ordinance No. 543 adopting a City of Silverton Urban Growth Boundary and a Comprehensive Plan for the area outside the city but within the growth boundary or amendments pertaining to the City of Silverton, are hereby repealed, or amended as set forth in this ordinance through the adoption of the City of Silverton Comprehensive Plan updates and  amendments, which by reference are: incorporated into this Ordinance.  SECTION VI.  Severability  Should any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance or any policy, provision, findings, statement, conclusion, or designation to a particular land use or area of land, or any other portion, segment or element of this Ordinance or of any amendments thereto and adopted hereunder, be declared invalid for any reason, such declaration shall not affect the validity and continued application of any other portion or element of this Ordinance or amendments to the Comprehensive Plan, as amended herein; and ift this Ordinance or any portion thereof should bel held to  2    be invalid on one ground, but valid on another, it shall be construed that the valid ground is the one  upon which this Ordinance or any portion thereof was enacted.  SECTION VII.  Effective Date  Pursuant to Chapter 1.10 of the Marion County Code, this is a legislative Administrative  Ordinance and shall take effect upon adoption. SIGNED and FINALIZED this  day of  2024 at Salem, Oregon.  MARION COUNTY BOARD OF COMMISSIONERS  Chair  Recording Secretary  JUDICIAL NOTICE  Oregon Revised Statutes (ORS) Chapter 197.830 provides that land use decisions may be reviewed by the Land Use Board of Appeals (LUBA) by filing a notice ofintent to appeal within 21 days from the  date this ordinance becomes final.  3    Exhibit A  Facts and Findings  This matter comes before the Marion County Board of Commissioners at the request oft the City of Silverton for concurrence in and adoption ofa an amendment to the Silverton 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 isa 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 int the city's amendment. In addition, Goal 14-Urbanization, states: 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 the boundary is located, consistent with ntergovermmenta. agreements The Marion County Board of Commissioners adopted the Silverton Urban Growth Boundary and Comprehensive Plan for the area outside the city but within the county on. August 1,1 1979 (Ordinance No. 543). Marion County and the City of Silverton entered into an Urban Growth Boundary and Policy Agreement (UGBPA) on January 26, 1988. The UGBPA establishes procedures for coordinating land use matters of 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). Suchj provisions include urbanization policy changes, plan map amendments affecting properties During the city's public hearings process on the current amendments to its plan, county planning staff communicated with the city's planner. County staff! had no concerns that needed to be On April 10, 2024, the Board of Commissioners approved Resolution 24R-b initiating the review process to amend the Marion County Comprehensive Plan by adopting an amendment to the City of Silverton Urban Growth Boundary and setting aj public hearing date ofl May 15, 2024, to CITY OFSILVERTON URBAN GROWTH BOUNDARY AMENDMENT  [..J.  in the urban growth area, and urban growth boundary changes.  addressed by the city's planner.  receive testimony on the proposed amendments.  The City of Silverton is proposing to expand its urban growth boundary (UGB) by 40-acres to create ai new city park on the eastern side ofthe city. An analysis was conducted by the city that found a need for 30-50 acres of recreation land near the Pioneer Village Subdivision as a priority and 115 acres overall for the city. This was adopted in the 2008 Silverton Parks Master Plan. The city identified a variety oftypes of parks the city needs and a variety ofr means to provide more park land within the city. The analysis found that a 30-50-acre park on the east side oft the    city was first identified in the 2008 Parks Master Plan due to the overuse ofother city parks. This One of the means the city identified to achieve more park land was to acquire land outside the urban growth boundary and annex the land into the city. The city went through the 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 be brought into the city to meet its park land need. All oft the land within the city's study area, and all oft the land adjacent to the existing City limits, consist ofh high value soils. The statute gives them the same priority for being considered to be added to the city's urban growth boundary. The study identified parcels that were large enough for the park, but not suitable due to steep slopes or they were already zoned for needed residential or employment lands. Goal 14 requires cities to establish a 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 and public facility needs. The UGB rule 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. In this case, the city requires as site with at least 30 acres located on the east side of Silverton, north oft the Pioneer Village Subdivision and free ofs steep slopes. The city applied the Goal 14 locational factors to the land proposed to be added to the urban growth boundary. The city determined that thel 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 have aj more favorable impact on any environmental, energy, economic and social consequences than other properties, with positive social consequences anticipated when the land is a community park for the city. Lastly, the city determined that the low-intensity use of thej property as a park would not conflict The city'sf findings support: the boundary expansion, the priority of1 land to be included within the urban growth boundary and address the Goal 14 factors and the statutory provisions for an amendment ofa an urban growth boundary to include sufficient park lands within the boundary. The Urban Growth policies contained ini 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 staff has found their findings to be adequate for the proposal. REDESIGNATION OF PROPERTIES ADDED TO THE URBANGROWTE  was al high priority of the plan.  with adjacent farm operations and rural homesites.  BOUNDARY  The city determined that the appropriate designation for the properties ini its comprehensive plan is the Public (P) zone. The city proposes to apply al P zone once the land is annexed into the city limits. After they have been included int the UGB and their designation in the Silverton 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 16.16 of the Marion County Code, the Public zone states:  2    "Thej purpose of the P (public) zone is toj provide areas appropriate for specific public and semi- public uses and to ensure their compatibility with adjacent uses. Iti is intended that this zone be applied to individual parcels shown tol be an appropriate location for a certain public or semi- Since the properties are currently undeveloped and are: not served by City of Silverton utilities, applying the public zone to the properties is consistent with the purpose oft the zone. The city has addressed all applicable state planning goals, statutes and rulesi in addition to their comprehensive plan policies and Marion County's comprehensive plan's urbanization policies. Staff has found their proposal tol be compliant with these standards. The city has proposed to zone the land Public (P) and annex the 40 acres ofl land being added to the UGB concurrent with  public use.  the UGB expansion. DECISION  The Board concurs in the City of Silverton's Comprehensive Plan amendment to its Urban Growth Boundary by approving amendments to the Marion County Comprehensive Plan for the City of Silverton Urban Growth Boundary by adding 40 acres for a public park and re-zoning the  land added tot the urban growth boundary P (Public).  3    Exhibit B  City of Silverton Community Development 306 South Water Street  APPLICANT: CITY OFSILVERTON 306 SOUTH WATER STREET SILVERTON,OR97381 CONTACTI PERSON: JASON SOTOETRUL,0HS7222 OWNER: CITY OF SILVERTON 306SOUTH WATER STREET SILVERTON, OR 97381 LOCATION: LOCATED. ADIACENTTOTHE DOGLEGOF IKEI MOONEY ROAD.  SILVERTON Silverton, OR97381 STAFF REPORT PROCEDURETYPE IV FILE NUMBER: UGB-23-01 LAND USE DISTRICT: EFU,EXCLUSIVE FARMI USE PROPERTY. DESCRIPTION: ASSESSOR! MAP#:071W01 LOT# #: 00100 SITE SIZE: 40ACRES ADDRESS:0  PROPOSED DEVELOPMENT ACTION: URBAN GROWTH) BOUNDARY AMENDMENTTO ADD 40 ACRESOF LAND ADJACENT TO IKEI MOONEY ROAD] INTO THE SILVERTON URBAN GROWTH BOUNDARY, DESIGNATE ITI PUBLIC ON THE CITY's COMPREHENSIVE PLAN MAPAND ANNEX THEI PROPERTY FOR THE  DEVELOPMENT OFA AI PUBLICPARK, AND] PUBLICUSE.  DATE: DECEMBER 14,2023  Attachments  A. Vicinity Map and Review Criteria  B. StaffReport E. Testimony F. PCI Resolution No. 23-04 G. City Council Ordinance No. 23-06  C. Minutes from the. July 11ha and August gth Planning Commission Meeting D. Minutes from the September 11th City Council Meeting    REVIEW CRITERIA:  City of Silverton Development Code: Urban Growth Boundary Amendment inc question is needed to provide for: 1. Accommodation of additional population; 2. Housing and employment opportunities; 4. Maximum efficiency of land uses; 5. Retention of agricultural lands;  A. Changes in the urban growth boundary will be limited to those cases in which the land  3. Orderly and economical provision of public facilities and services;  6. Compatibility ofthe proposed urban use with: nearby agricultural activities; and 7. Improvement oft the area'se environmental, energy, economic and social well-being. B. All urban growth boundary amendments must be in accordance with the goals, C.I Ifthe request for an urban growth boundary change originates from a petition, the Comprehensive Plan Map Amendment: The requested designation for a quasi-judicial 1. The requested designation for the site has been evaluated against relevant comprehensive plan policies and on balance has been found to be more supportive oft the comprehensive plan as a whole than the old designation. 2. The requested designation is consistent with any relevant areaj plans adopted by the 3. The requested designation is consistent with the comprehensive plan map pattern and any negative impact upon the area resulting from the change has been 4. An identified public need will be met by the proposed change that is not already 5. The requested designation is consistent with the statewide planning goals. Annexation: When reviewing aj proposed annexation ofl land, the Planning Commission  objectives and policies of the comprehensive plan. petitioner will bear the burden of proof. map amendment meets all ofthe following tests:  city council.  considered and deemed acceptable by the city. met by other available property.  and City Council will consider the following standards and criteria:  A. Adequacy of access to the site; and  UGB-23-01    B. Conformity oft the proposal with the city's comprehensive plan; and C. Adequate public facilities, services, and transportation networks are in place or are planned to be provided concurrently with the development of the property. If extension or upgrading of any improvement is necessary to serve the area, such extension must be consistent with the city's infrastructure plans and must be an orderly and efficient arrangement for the extension of public services; and D. The new area will meet city standards for any public improvements which may be necessary to serve the area (including but not limited to streets, including sidewalks, E. The area to be annexed is contiguous to the city and represents a logical direction for F. The area is within the urban growth boundary, unless a health hazard due to failing G. The proposed use of the property is consistent with the applicable comprehensive H. The proposed annexation shall be consistent with all applicable goals and policies of Shall be in compliance with applicable sections of ORS Chapter 222; and J. Natural hazards identified by the city, such as wetlands, floodplains and steep slopes, K. Urbanization of the subject property shall not have a significant adverse effect on areas identified or designated in the comprehensive plan as open space or as L. Economic impacts which are likely to result from the annexation shall be evaluated inl light oft the social and physical impacts. The overall impact which is likely to result from the annexation and development shall not have a significant adverse effect on the economic, social and physical environment oft the community, as a whole. M. Ift the proposed area for annexation is to be residentially zoned, there must be less than a five-year supply of vacant and redevelopable land in terms of dwelling units per acre within the current city limits. Redevelopable land" means land zoned for residential use on which development has already occurred but on which, due to present or expected market forces, there exists the likelihood that existing development willl be converted to more intensive residential uses during the planning period. The five-year supply shalll be determined from vacant and redevelopable land inventories and by the methodology for land need projections from the housing element of the comprehensive plan. Ift there is more than a five-year supply but less than an eight-year supply, the city may consider additional factors, such as the likelihood of vacant parcels being developed in the near future, to determine if the public good would be served by the annexation. Properties proposed for annexation that have a current or probable public health hazard due to lack off full city water or N. Promotes the timely, orderly and economic provision of public facilities and services; 0. The annexation is reasonable and that the public interest, present and future, will be  sanitary sewer, water, storm drainage); and  city expansion; and  septic systems or groundwater supplies is found to exist; and  plan designation; and  the Silverton comprehensive plan; and have been addressed; and  significant scenic, historic or natural resource areas; and  sanitary sewer may be exempt from this criterion; and  and  best served by annexing the property.  UGB-23-01    Oregon Administrative Rules, OAR 660-024: Section 660.024.040  Land Need  10. As a safe harbor during periodic review or other legislative review oft the UGB, a local government may estimate that the 20-year land needs for streets and roads, parks and school facilities will together require an additional amount ofland equalt to 25 percent oft the net buildable acres determined for residential land needs under section (4) oft this rule, and in conformance with the definition of"Net Buildable Acre" as defined in OAR  660-024-0010(6).  Section 660.024.050 Land Inventory and Response tol Deficiency  1. When evaluating or amending al UGB, al local government must inventory land inside the UGB to determine whether there is adequate development capacity to accommodate 20-year needs determined in OAR 660-024-0040. For residential land, the buildable land inventory must include vacant and redevelopable land, and be conducted in accordance with OAR 660-007-0045 or 660-008-0010, whichever is applicable, and ORS 197.296 for local governments subject to that statute. For employment land, the inventory must include suitable vacant and developed land designated for industrial or other employment use, and must be conducted in 7. Lands included within a UGB pursuant to OAR 660-024-0065(3) to provide fora particularindustrial use, oraj particular public facility, must be planned and zoned for the intended use and must remain planned and zoned for that use unless the city  accordance with OAR 660-009-0015.  removes the land from the UGB.  Section 660.024.065 Establishment of Study Area to Evaluate Land for Inclusion 3. When the primary purpose for expansion oft the UGB is to accommodate a particular industrial use that requires specific site characteristics, or to accommodate a public facility that requires specific site characteristics, and the site characteristics may be found in only a small number ofl locations, the preliminary study area may be limited to those locations within the distance described in section (1) or (2), whichever is appropriate, that have or could be improved to provide the required site characteristics. For purposes (b) A "public facility" may include a facility necessary for public sewer, water, storm water, transportation, parks, schools, or fire protection. Site characteristics may include but are: not limited to size, topography and proximity. 6.) For purposes of evaluating the priority of land under OAR 660-024-0067, the "study area" shall consist of all land that remains in the preliminary study area described in section (1), (2) or (3) oft this rule after adjustments to the area based on sections (4) and (5), provided that when aj purpose ofthel UGB expansion is to accommodate a public park need, the city must also consider whether land excluded under subsection (4)(a) through  in the UGB  oft this section:  (c) oft this rule can reasonably accommodate the park use.  UGB-23-01    Section 660.024.067 Evaluation ofLand in the Study Area forInclusion in thel UGB  2. Priority ofI Land for inclusion in a UGB:  (a) First Priority is urban reserve, exception land, and nonresource land. Lands in the study area that meet the description in paragraphs (A) through (C) ofthis subsection (A) Land designated as an urban reserve under OAR chapter 660, division 21, in (B) Land that is subject to an acknowledged exception under ORS 197.732; and  are of equal (first) priority:  an acknowledged comprehensive plan; (C) Land that ist nonresource land.  (b) Second Priority is marginal land: land within the study area that is designated as marginal land under ORS 197.247 (1991 Edition) in the acknowledged comprehensive (c) Third Priority is forest or farm land that is not predominantly high-value farm land: land within thes study area that is designated for forest or agriculture uses in the acknowledged comprehensive plan and that is not predominantly high-value farmland as defined in ORS 195.300, or that does not consist predominantly of prime or unique soils, as determined by the United States Department of Agriculture Natural Resources Conservation Service (USDA NRCS). In selecting which lands to include to satisfy the need, the city must use the agricultural land capability classification system or the cubic foot site class system, as appropriate for the acknowledged comprehensive plan designation, to select lower capability or cubic foot site class lands first. (d)] Fourth Priority is agricultural land that is predominantly high-value farmland: land within the study area that is designated as agricultural land in an acknowledged comprehensive plan and is predominantly high-value farmland as defined in ORS 195.300. A city may not select land that is predominantly made up of prime or unique farm soils, as defined by the USDA NRCS, unless there is an insufficient amount of other land to satisfy its land need. In selecting which lands to include to satisfy the need, the city must use the agricultural land capability classification system to select  plan.  lower capability lands first.  Oregon Revised Statutes, ORS 197A: Boundaries Outside Metro; Rules  Section 197A.320 Priority of Land to be included within Urban Growth 6. When the primary purpose for expansion of the urban growth boundary is to accommodate a particular industry use that requires specific site characteristics, or to accommodate a public facility that requires specific site characteristics and the site characteristics may be found in only a small number of locations, the city may limit the study area to land that has, or could be improved to provide, the required site  UGB-23-01    characteristics. Lands included within an urban growth boundary for a particular industrial use, or a particular public facility, must remain planned and zoned for the  intended use Goal5  Oregon Statewide Planning Goals and Guidelines:  Natural Resources, Scenic and Historic. Areas, and Open Spaces  The "Goal 5 Process" starts with an inventory of Goal 5 resources. Resource sites are assessed and significant sites are protected. Rules for some Goal 5 resource categories rely on inventories and assessments that have been conducted by state or federal entities. There are six Goal 5 resource categories that rely on state or federal inventories: wild and scenic rivers, state scenic waterways, groundwater resources, Oregon recreation trails, Sage Grouse habitat, and wilderness areas. Three categories require local inventories. Initiating an inventory and completing the Goal 5 process for the remaining resource categories is The following resources shall be inventoried: a. Riparian corridors, including water and riparian areas and fish habitat; b. Wetlands; C. Wildlife Habitat; d. Federal Wild and Scenic Rivers; e. State Scenic Waterways; f. Groundwater Resources; g. Approved Oregon Recreation Trails; h. Natural Areas; i. Wilderness Areas; j. Mineral and Aggregate  optional.  Resources; k. Energy sources; 1. Cultural areas.  UGB-23-01    ATTACHMENT B: STAFF REPORT, UGB-23-01  FINDINGS OFFACT  A. Background Information:  1. The City Council adopted Resolution 14-26 on. June 2, 2014 authorizing the submittal ofLand Use Applications to the City of Silverton and Marion County to amend the Silverton Urban Growth Boundary and Comprehensive Plan by adding one parcel located along Ike Mooney Road identified as Marion County Assessor'sl Map 2. Onl March 6, 2023 the City Council made at motion to initiate Urban Growth Boundary expansion and annexation of City owned property along Ike Mooney Road. 3. Notice was mailed to all property owners within 700 feet of the subject area on June 21,2023. The notice was published in the Statesman Journal on June 28, 2023. The 4. Thel Planning Commission reviewed the application at their. July 11tha and August gth meetings and recommended the City Council approve the application.' 5. The City Council reviewed the application at their September 11th meeting and approved the Ordinance on its first reading. A second reading will have to occur for  071W01 Taxlot 00100 and designate it Public.  site posted on. June 30, 2023.  final approval.  B. Silverton Development Code (SDC):  1. Article 4- Administration ofLand Use and Development  Section 4.1.500  Type IV Procedure  A minimum of ftwo hearings, one before the Plamning Commission and one before the Findings: This application is being reviewed through a Type IV procedure. A public notice for this request was mailed to all property owners within 700 feet oft the site on June 21, 2023. The notice was published int the Statesman Journal on June 28, 2023. The site was posted on June 30, 2023. The application will be before the Planning Commission July 11,2023 and will be before the City Council August 7, 2023. Section 4.11.800 Criteria tol be used in considering an Urban Growth Boundary A. Changes in the urban growth boundary will be limited to those cases. ini which the  City Council, are required) for all Type IV applications  change  landi in question is needed toj provide for:  UGB-23-01    . - Accommodation of additional population;  Findings: The proposed UGB amendment is to add a 40 acre parcel to the Silverton Urban Growth Boundary and designate it Public with the intent to develop the parcel as a park in the future. The City of Silverton adopted al Parks and Recreation Master Plan in 2008 that has a 20-year planning period. Thej projected 2030 population was 14,400 which is a 5,201 increase from the estimated 2007 population of9,205. The Parks Master Plan found that there was an additional 115 acres of developed park land needed to serve future population and an additional 20 acres ofr natural areas needed to serve: future population. The Vision] Diagram in the Parks Master Plan identified acquiring and developing ai new community park (30-50 acres) east of Abiqua Heights and near. Pioneer Village as a high priority. The proposed UGB amendment will allow the future development ofa community park in the area identified in the Parks and Recreation Master Plan in order to accommodate additional population. The Criterion is met. Findings: No residential or commercial property will be added as part oft the UGB 3. Orderly and economical, provision ofpublicf facilities ands services; Findings: The proposed UGB amendment is to add a 40 acre parcel to the Silverton Urban Growth Boundary and designate it Public with the intent to develop thej parcel as a park int the: future. The property is located adjacent to the City Limits, which isa requirement for future annexation and provides for orderly development ofj public facilities due to the proximity of exiting public facilities. The property was donated to the City in 2009 thereby negating the need to purchase property for the future identified park. The Fire District was also provided space on the parcel for future development ofa sub-station, which will increase public services in the surrounding area, A 2009 park land analysis was undertaken in response to a 2008 Parks and Recreation Master Plan recommendation for the acquisition ofa community park in the southeast section- of Silverton. Thel location was conceptual in nature in thej plan and additional analysis was required to evaluate sites in the identified area prior to a site selection. Two ofthe four sites where located outside the Urban Growth Boundary. The addendum was intended to determine ifany other land within the Urban Growth Boundary could be used A new: 301 to 50-acre community park is recommended for acquisition and development east of Abiqua Heights and near Pioneer Village to meet not only future needs, but also fulfill a shortfall of parkland for community-wide use and reduce current over use of Coolidge & McClaine Park. The ideal site will be between 30-50 acres and will be capable of providing community-based recreation needs while preserving special landscapes and natural habitats. Possible improvements could include a pavilion, picnic facilities, playground, court sports, and infrastructure including parking, restrooms, and a pathway system. Trail connections should be provided to adjacent neighborhoods. Further input and design is needed to determine actual park facilities.  2. - Housing ande employment opportunities; amendment. The Criterion is not applicable.  tos satisfy thei identified need.  UGB-23-01    The plan recommended acquisition in 5-10 years with an estimated cost of $600,000 and  development in 10-20 years with an estimated cost of$ $2,500,000.  Flant  Abiqua Heights Greenspace (privyàle)  Evans-Valley Road  Proposed Community Parkl (conceptually located)  Water Tank  and,  Bioneer Village Pocket Park  PioneerLake Greenspace (private)  Acquire and develop new community park east of Abiqua Heights  UGB-23-01    Proposed Community Park  A new 30 to 50-acre community park is recommended for acquisition and development east of Abiqua Heights to meet not only future needs, but also fulfill a shortfall of parkland for community-wide and: neighborhood use and reduce curent impacts to Coolidge & McClaine Park. Proposed location 011 the Vision Diagram is conceptual only and not site specific. Recommended improvements include aj pavilion and amphitheater, group and: family picnic facilities, playground for children and youth, court sports, and infrastructure including parking, restrooms, and pathway system. Trail connections  should be provided to adjacent neighborhoods.  There are four areas within the Urban Growth Boundary that can be considered for potential park land acquisition and development within the Parks Master Plan required proximity of Abiqua Heights and Pioneer Village, as shown on the map. The area is heavily impacted by steep slopes. In order to obtain 30-50 acres of usable space, multiple properties willl have to be acquired. The exception is the Pioneer V area, which is a 40 acre parcel. This parcel has a development capacity for 114 lots.  UGB-23-01    CityofSilverton  Legend Unger Hill Eastview Unger Hill/ /Eastview  Feet 1,200  Carver Hill Pioneer' V  300 600  Unger Hill  The Unger Hill area is outside the City Limits and inside the Urban Growth Boundary. The area ish heavily impacted by steep slopes in excess of34% grade. The City's Hillside Development Standards precludes developments on slope in excess of34%. The overall area oft the site is 52.7  UGB-23-01    acres with 27.5 acres under 34% and 25.2 acres over 34%. Only about 6.5 acres oft the total site are. less than 12% in slope. This makes the development of possible amenities such as aj pavilion,  restroom, court sports andj parking problematic for the site.  Three oft the sites are developed with single family residences. The total assessed value, per Marion County, is $2,938,140. This is significantly larger than the estimated $600,000 acquisition cost.  CityofSilverton  SNOOKUMDR SNOOKUMDRS  LIN  Legend Unger Hill 0-12 12-14.9%  14.9-24.9% 29-34% 34<  Unger! Hilll Eastview 24-29.9%  225 450  900 Feet  UGB-23-01    Eastview  The Eastview area is outside the City Limits and inside the Urban Growth Boundary. The area is impacted by steep slopes in excess of 34% grade. The City's Hillside Development Standards precludes developments on slope in excess of34%. The overall area oft the site is 40.0 acres with 33.7 acres under 34% and 6.3 acres over: 34%. About 14.1 acres oft the total site are less than 12%i in slope. 19.6acres are impacted by slopes between 12%-24%. Development of possible amenities such as aj pavilion, restroom, court sports and parking is feasible for the site.  Four of the sites are developed with single family residences. The total assessed value, per Marion County, is $4,810,410. This iss significantly larger than the estimated $600,000 acquisition cost.  City ofSilverton  TENINODR  SKOORUMDR SKOOKUMDRE  Gy  Legend Easlview Unger Hilll /Eastview 0-12 12-14.9%  14.9-24.9% 24-29.9% 29-34% 34<  Feet 720  180 360  UGB-23-01    Carver Hill  The Carver Hill area is outside the City Limits and inside the Urban Growth Boundary. The area ish heavily impacted by steep slopes in excess of 34% grade. The City's Hillside Development Standards precludes developments on slope in excess of34%. The overall area oft the site is 34.3 acres with 21.5 acres under 34% and 12.8 acres over 34%. There are: four sections oft the site, each containing about an acre, that arel less than 12% in slope. One oft these sections is aj pond. 17.5 acres are impacted by slopes between 12%-24%. This makes the development of possible amenities such as aj pavilion, restroom, court sports and parking problematic for the site.  There are two derelict structures on the northern parcel. The total assessed value, per Marion County, is $560,530. This is within the estimated $600,000 acquisition cost.  CityofSilverton  R  6  LAREVAECOR URTONGT ROERG  ALATESZ Legend Carver Hill 0-12 12-14.9% 14.9-24.9%  24-29.9% 29-34% 34<  155 310  620 Feet  UGB-23-01    Pioneer VII (Formerly Pioneer V)  The Pioneer VII area isi inside the City Limits and inside the Urban Growth Boundary. The site has a development capacity for 114 lots. The overall area oft the site is 40.9: acres with 23.5 acres having slopes in excess of 12% and 17.4 acres having slopes less than 12%. Development of possible amenities include a pavilion, group and family picnic facilities, playground for children and youth, court sports, and infrastructure including parking, restrooms, and aj pathway system. At4 40 acres, the site is the largest vacant parcel zoned for residential development inside the City Limits. The 3 other largest vacant parcels zoned for residential development range in size from 9.54 to 12.62 acres in size and total 37.72 acres. These four parcels represent the vast majority of vacant land for residential development int the City. Pioneer. VII represents about ai two year supply ofi residential building lots. Purchasing a significant portion of the developable residential  land in the City for development as aj park is noti in the City's best interest and would put pressure on annexing additional land for residential development.  CityofSilverton  GAWKDI  Legend Pioneer V 0-12 12-14.9% 14.9-24.9%  24-29.9% 29-34% 34<  215 430  860  UGB-23-01    4. Maximum eficiency ofland uses;  Findings: The land use oft the parcel will be Public and is the location ofai future community park. A community park is identified as a 30-50 acre parcel. Possible improvements listed int the Master Plan include, a pavilion, group andi family picnic facilities, playground for children and youth, court sports, and infrastructure including parking, restrooms, and pathway system with trail connections to adjacent neighborhoods. There has also been preliminary discussion ofa disc golf course on the site. A site plan will havet to be developed in the future that includes getting public input on what specific amenities citizens want in the future park. The only undeveloped parcel within the existing Urban Growth Boundary larger than 30 acres is the location oft the Pioneer Village VII At4 40 acres, the Pioneer VII site is the largest vacant parcel zoned for residential development inside the City Limits. There 3 other largest vacant parcels zoned: for residential development range in size from 9.54 to 12.62 acres ins size and total 37.72 acres. These four parcels represent the vast majority of vacant land for residential development in the City. Pioneer VII represents about at two year supply ofi residential building lots. Purchasing a significant portion oft the developable residential land int the City for development as aj park is not in the City's best interest and would put pressure on annexing additional land for residential development. Amending the UGB to add the 40 acre parcel will allow future development ofac community park int the identified area without reducing  subdivision.  residential land supply, thereby meeting Criterion 4 is met.  5. Retention ofo agricultural lands;  Findings: The site is location of an old Christmas tree farm that is no longer active. The area is surrounded by active farms. By utilizing this parcel forj park development there is no need to look at acquiring adjacent farmland for park development, meeting Criterion 5. 6. Compatibility oft the proposed urban use with nearby agricultural activities; and Findings: The proposed is for ai new community park with possible amenities being a pavilion, picnic facilities, playground, court sports, and infrastructure including parking, restrooms, and pathway system with trail connections to adjacent neighborhoods. The proposed use is not anticipated to have negative impacts on surround agricultural activities  due to the passive nature of park use. The criterion is met.  7. Improvement oft the area' 's environmental, energy, economic and social well-being. Findings: A new community park would be an additional amenity for the area and for the City. Development oft thej parcel as aj park willl have limited environmental or energy impact given most oft the land willl be retained as green space. Parks are a social amenity that foster community interaction and the addition ofar new 40 acre park will increase the  area'ss social well-being, thereby meeting Criterion 7.  UGB-23-01    B. Allz urban growth boundary amendments must be in accordance with the goals, Findings: The Goal ofthe Urbanization element oft the Comprehensive Plan is to "Provide adequate land to meet anticipated future demands for urban development in a logical and orderly manner." The UGB amendment will add 40 acres ofl land for future park development which is the identified size range and int the identified area for park development according to the Parks and Recreation Master Plan. The parcel is adjacent to The Goal oft the. Agricultural Lands element ist to "Preserve and maintain agricultural lands". There are: four different soil types on the 40 acre parcel. 53% oft the site (21.2 acres) is made up ofa combination ofNekia Very Stony Silty Clay Loam 2 to 30 percent slopes and Nekia Very Stony Silty Clay Loam, 301 to 50 percent slopes. These soils are in the areas in excess of 12% slope. These are not identified as High Value and each has a Soil Class of6. Soil classes greater than 4 are not typically suitable for agricultural use. 39.5% oft the site (15.8 acres) is made up ofNekia Silty Clay Loam, 7 to 12 percent slopes. This soil type is in the areas with slopes between 7% and 12%. This is identified as High The remaining 7.5% (3 acres) of the site is made up ofl Nekia Silty Clay Loam, 21 to7 percent slopes. This soil type is in the areas with slopes between 2% and 7%. This is The identified conceptual areai for a future Community Park is made up ofmostly High Value soil types. The 40 acre parcel is split 50:50 with High Value and Non-High Value soil types. This is due to the topography oft the site. This allows park amenities to be developed on the: flatter portion oft the site with trails and natural features to be utilized on the areas with steeper slopes. This is the only property in the area that contains such a balance. By utilizing this parcel for park development there is no need to look at acquiring adjacent farmland for park development. Most other properties in the area are actively An Objective oft the Open Space, Natural and Cultural Resources element is to "Ensure adequate open space to meet the needs of Silverton residents". As noted above, the Parks Master Plan has identified ai need for ai new 30-50 acre community park int the area. Amending the UGB will allow the future development oft the park to meet the open space The Objectives of thel Natural Hazards element are to, "Inventory known hazards and Insure that appropriate protective measures are taken toj prevent potential damage in hazard areas". A portion of the site contains steep slopes, which is identified as al hazard area. Development of the site will likely take place on the areas outside of the hazard area due to lower costs of development. The sloped area will likely remain mostly natural with a trail system. While the design oft the park will be done in the future, these are typical design  objectives and policies oft the comprehensive, plan.  the City Limits and represents a logical area for expansion.  Value and has a Soil Class of3.  identified as High Value and has a Soil Class of2.  being farmed due to the High Value soil type and low slopes.  needs of Silverton residents.  features and methods.  UGB-23-01    Two Objectives oft the Public Facilities and Services element are to, "Ensure the safety of Silverton citizens through adequate Police and Fire Protection, and provide an adequate amount of parkland for local use and provide a variety ofr recreation facilities to meet the needs of all age groups." A portion of the site was dedicated fort the future location ofa Silverton Fire District Sub-Station, which will increase Fire Protection services in the area. As noted above, the 40 acrej parcel will fill an identified need of parkland for local use. The Goal oft the Citizen Involvement element ist to "Insure that the citizens of Silverton and those residents in the planning area have an opportunity to be involved with allj phases of the planning process." The Parks and Recreation Master Plan was developed with public input and adopted by the Planning Commission and City Council in) Public Hearings. Future development oft the park will be done with public input to ascertain what amenities  are desired for the future park. The Criterion has been met.  C. Ifthe reques! for an urban growth boundary change originates) from aj petition, the Findings: The request was initiated by the City Council. The Criterion is not applicable. Section 4.12.400 Review Criteria- - Comprehensive Plan. Amendments D. The requested designation for a quasi-judicia map amendment: meets all ofthe The requested designation, for the site has been evaluated againsf relevant comprehensive, plan policies and on balance. has beenj found to be more supportive of the comprehensive, plan as a whole than the old designation.  petitioner will bear the burden ofproof  following tests:  Findings: The site is currently outside thel UGB and does not have a Silverton Comprehensive Plan Designation. The parcel is to be designated Public and will be developed in the future as aj park as identified int the Parks and Recreation Master Plan. The Public designation is the only designation that meets relevant comprehensive plan  policies. The criterion is met.  2. The requested designation is consistent with any relevant area plans adopted by the Findings: The relevant area plan adopted by the City Council that applies to this areai is the City's Parks and Recreation Master Plan. The Public designation is consistent with the Parks Master Plan as the Plan identified a need for a new. 30-50 acre park in the area. The  city council.  criterion is met.  3. The requested designation is consistent with the comprehensive plan mapi pattern and any negative impact upon the area resulting.from the change has been considered. and  deemed acceptable by the city.  Findings: The area is surrounded by Single Family Uses and Agricultural Uses. The Public designation will allow the parcel to be developed in the future as aj park. The only negative impact could be an increase in traffic by people utilizing the park. The site is  UGB-23-01    accessed via Ikel Mooney Road. Residents outside thel Pioneer Village area will likely utilize South Water Street, Pioneer Drive and Ike Mooney Road to access the park. South Water is classified as an. Arterial Street with Pioneer and Ike Mooney being classified as Collectors. These roads are designed to act as the thoroughfares to get people to places, therefore people utilizing these roads to access the park are within the roadway  classification. The criterion is met.  4. An identified public need will be met by the proposed change that is not already met by  other available property.  Findings: The only other available property designated Public available for park development is the City owned Westfield property thati is the location ofthe Skate Park and Dog Park. The Westfield property is 11.6 acres in size, less than half the minimum requirement of 30 acres for a community park. The criterion is met.  5. The requested designation is consistent with the statewide planning goals. Findings: The City is working with the Department ofLand Conservation and Development to ensure the designation is consistent with the statewide planning goals. The application will also have to be reviewed by the Marion County Board of Commissioners to ensure compliance with statewide planning goals. The criterion is met.  E. Ifthe request for a comprehensive, plan map or text amendment originates from a Findings: The request was initiated by the City Council. The Criterion is not applicable.  petition, the petitioner will bear the burden ofr proof  Section 4.10.140  Review Criteria- - Annexation  When reviewing aj proposed annexation ofl land, the Planning Commission and City  Council will consider the following. standards and criteria: 1. Adequacy ofo access tot the site; and classified as a collector roadway. Criterion 1i is met.  Findings: The site will have aj primary access off of Ike Mooney Road NE which is  2. Conformily ofi the proposal with the City's Comprehensive. Plan; and;  Findings: The Goal oft the Urbanization element of the Comprehensive Plan is to "Provide adequate land to meet anticipated future demands for urban development in a logical and orderly manner." The annexation will add 40 acres ofl land for future park development which is the identified size range andi in the identified area for park development according to the Parks and Recreation Master Plan. The parcel is adjacent to the City Limits and represents al logical area for expansion thereby meeting Criterion 2. Unless mandated by state! law, annexation, delayed annexations, and/or extension of city services may only be approved by a majority vote among the electorate. Onl March 15, 2016, the State enacted SB 1573 that states that the legislative body ofa city shall annex a territory petitioning annexation without submitting the proposal to the electors oft the city if the territory is within the Urban Growth Boundary (UGB), the territory upon annexation will be subject to the acknowledged comprehensive plan, the territory is contiguous to the  UGB-23-01    city limits and the proposal conforms to all other requirements oft the city's ordinances. The territory is proposed tol be within the UGB, is contiguous to the city limits and would be subject to the Comprehensive Plan upon annexation. This staff report will review the proposal for conformity with all other requirements of the city's ordinances.  3. Adequate public facilities, services, and transportation networks are inj place or are planned to be provided concurently with the development of the property. Ifextensions or upgrading ofa anyi improvement is necessary to serve the area, such extension must bec consistent with the city's infrastruclure plans andi must be an orderly and efficient  arrangement; for the extension ofpublic services; and  Findings: The water system, sanitary sewer system, storm water system andi transportation network exist adjacent to the site. Development of the site will require the public facilities to be extended into the site in accordance with Public Works Design Standards. Adequate public facilities exist to serve the site and no upgrades are necessary; thereby meeting  Criterion 3.  4. The new area will meet city standards for any public improvements which may be necessary to. serve the area (including but not limited, to streets, including sidewalks,  sanitary sewer, water, storm drainage); and  Findings: Ike Mooney Road NE in the annexation area lacks continuous curbs and sidewalks and does not currently meet City standards. Typically when areas are annexed, associated public facilities need to meet City standards. In this case, Ike Mooney Road NE isc currently under Marion County jurisdiction and the City will not assume jurisdiction of the roadways with the annexation at this time. Since the roadways will stay under Marion County. jurisdiction and this application is not proposing the development of park improvements sidewalk and curb upgrades to City standards will not be required at this The water system, sanitary sewer system, storm water system and transportation network exist adjacent to the site. Development of the site will require the public facilities to be extended into the site in accordance with Public Works Design Standards. Adequate public facilities exist to serve the site and no upgrades are necessary, therefore Criterion 4 is met. 5. The area to be annexed is contiguous toi the city andi represents a logical direction. for Findings: The areai is contiguous to the City. The site abuts the City Limits along the southern and south western property lines. The annexation represents a logical direction  time.  city expansion; and  for city expansion, meeting Criterion 5.  6. The area is within the urban growth boundary, unless a health hazard due tojf failing Findings: The area considered for annexation is not currently within the Urban Growth Boundary. An Urban Growth Boundary amendment and Comprehensive Plan Map amendment are concurrently being requested, therefore the criterion is met.  septic systems or groudvalersupplies: is found to exist; and  UGB-23-01    7. The proposed use of the property is consistent with the applicable comprehensive, plan Findings: The proposed area for annexation is not identified on the comprehensive plan map. The property is currently zoned EFU and willl be rezoned Public, thereby meeting  designation; and  Criterion 7.  8. The proposed annexation shall be consistent with all applicable goals and policies of Findings: The proposed annexation has been reviewed for conformity with the city's  thei Silverton Comprehensive Plan; and  comprehensive plan earlier in the report.  9. Shall be in compliance with applicable sections fORS Chapter 222; and Findings: ORS2 222 provides for ai means of annexation by election or by action ofthe governing body. However, as noted above the City is no longer allowed to submit proposals for annexation to the electors oft the city for their approval or rejection. The proposal isi following the Type IV procedure, consistent with ORS 222 for annexation This application has been found to bei in compliance with the applicable sections of ORS Chapter 222 and will follow all applicable state and local procedures. Therefore, this  procedures.  criterion has been met.  10. Natural hazards identified. by the City, such as wetlands, floodplains and steepslopes Findings: There are no areas within the annexation boundary that are identified as wetlands or floodplains. Steep slopes do exist on parts oft the site but the slopes will work well with trails and natural areas and are not an issue, therefore the criterion is met. 11. Urbanization of the subject property, shall not have as significant adverse effect on areas identified oT designated in the Comprehensive Plan as open. space oras significant. scenic, historic or natural. resource areas; and Findings: There are no areas on the site identified or designated ini the Comprehensive Plan as open space or as significant scenic, historic or natural resource. areas. The criterion  have been addressed; and  is met.  12. Economic impacts which are likely to result from the annexation shall be evaluated in light ofthe social and physical impacts. The overall impact which is likely to result from the annexation and development shall not have a significant adverse effect on the economic, social and physical environment oft the community, as a whole.  Findings: The annexation will have minimal physical and environmental impacts on the community. There will be no additional residential, commercial or industrial development  UGB-23-01    as a result oft the annexation. Based on the findings listed above, the annexation will not Testimony was: received indicating concern regarding traffie/access.parking, tree removal, drainage, noise, affected property taxes, design & location of features and potential for residential housing. The answer to most oft these items will be determined at a later time through aj public process to design and develop thej public park. The future process will determine location and type ofa amenities/facilities and the detailed impact those amenities have on the property. Residential homes will not be development on thej property and the adjacent home property taxes will: not be affected due to the 3%1 tax rate limit.  have a significant adverse effect on the community as a whole.  13. fthe proposed areaj for annexation is to be residentially: zoned, there must be less than aj five-year supply ofvacant and redevelopable land in terms of dwelling units per acre within the current city limits. Redevelopable land" means land: zoned for residential use on which development has already occurred but on which, due to present o7 expected market forces, there exists the likelihood that existing development will be converted to more intensive residential uses during the planning period. Thej five-year supply shall be determined; from vacant andi redevelopable land inventories and by the methodology, for land need! projections from the housing element ofthe comprenensive, plan. Ifthere is more than aj five-year. supply but less than an eight-year supply, the city may consider additional factors, such as the likelihood of vacant parcels being developed in the mearfuture, to determine if the public good would be. served by the annexation. Properties proposed for annexation that have a current or probable public health hazard due to lack of full city water or sanitary, sewer. may be exempt) from this criterion; and Findings: Thej property is proposed to be zoned Public, therefore the criterion does not  apply.  14. Promotes the timely, orderly and economic provision of public facilities and Findings: Thej proposed UGB amendment is to add a 40 acre parcel to the Silverton Urban Growth Boundary and designate it Public with the intent to develop the parcel as aj park in the future. The property is located adjacent to the City Limits, which is ai requirement for future annexation and provides for orderly development of public facilities due to the proximity ofe exiting public facilities. The property was donated to the City in 2009 thereby negating the need toj purchase property for the future identified park. The Firel District was also provided space on the parcel for future development ofas sub-station, which will  services; and  increase public services int the surrounding area.  15. The annexation is reasonable and that the public interest, present andj future,  will be best served by annexing the property.  Findings: Two Objectives oft the Public Facilities and Services element in the comprehensive plan are to, "Ensure the safety of Silverton citizens through adequate Police and Fire Protection, and provide an adequate amount of parkland for local use andj provide a variety of recreation facilities to meet the needs ofa all age groups." A portion of the site  UGB-23-01    was dedicated for the future location ofa Silverton Fire District Sub-Station, which will increase Fire Protection services int the area. As noted above, the 40 acre parcel will: fill an  identified need of parkland for local use. Oregon. Administrative Rules, OAR 660-024:  Section 660.024.040  Land Need  10. As a sqfe harbor during. periodic review or other legislative review of the UGB, a local government may estimate that the 20-year land needs for streets and roads, parks and school facilities will together require an additional amount ofi land equal to 25 percent of the net buildable acres determined for residential land needs under section (4) oft this rule, and in conformance with the definition of "Net. Buildable. Acre" as defined in OAR  660-024-0010(6).  Findings: The 2020 City of Silverton Housing Needs Analysis identified a need for 1,158 new dwelling units between 2020 and 2040. The analysis also determined the average net density for dwelling units per net acre to be 4.8 which amounts to a need for 241 aces of residential development. Adding 25% to the 241 acres equals 60 acres for streets, parks and school facilities. The subject 40 acre property is designated to be a park and would fulfill 2/3 of the identified need as allowed within the safe harbor  subsection. Section 660.024.050  Land Inventory and Response to. Deficiency  1. When evaluating or amending a UGB, a local government must inventory land inside the UGB to determine whether there is adequate development capacity to accommodate 20-year needs determined in OAR 660-024-0040. For residential land, the buildable land inventory must include vacant and redevelopable land, and be conducted in accordance with OAR 660-007- 0045 or 660-008-0010, whichever is applicable, and ORS. 197.296) for local governments. subject tot that statute. For employment. land, thei inventoryn must include. suitable vacant and developed! land designated fori industrial 07 other employment use, and must be conducted in accordance with OAR 660-009- 7. Lands includedwithin a UGB pursuant to OAR 660-024-0065(3) to provide for a particular industrial use, or a particular public facility, must be planned and zoned for the intended use and must remain, planned and zoned for that use unless the city removes the landf from the UGB.  0015.  Findings: The City of Silverton is not adding capacity for residential, industrial or employment lands toi the UGB. Thej proposal is to adda a 40 acre. loti fort the use as a public park which will be zoned Public. In addition, by annexing land for a public park the city is not taking from the current residential and industrial properties which would lower  needed inventories in those zones.  UGB-23-01    Section 660.024.065  Establishment of Study. Area tol Evaluate Landi forl Inclusion  in the UGB  3. When the primary, purpose. for expansion of the UGB is to accommodate a particular industrial use that requires specific site characteristics, o7 to accommodate aj public facility that requires specific. site characteristics, and the site characteristics. may bej found in only a. small number oflocations, the preliminary study area may be limited to those locations within the distance described in section (1) or (2), whichever is appropriate, that have or could bei improved toj provide the required site characteristics. For purposesofthis section:(b) A "public facility" may include aj facility necessaryfor public sewer, water, storm water, transportation, parks, schools, or freprotection. Site characteristics may include but are not limited to size, topography and 6.1 For purposes ofevdluating the priority of land under OAR 660-024-0067, the "study area" shall consist of all land that remains in the preliminary study area described in section (1), (2) or (3) of this rule qfter adjustments to the area based on sections (4) and (5), provided that when a purpose of the UGB expansion is to accommodate apublic park need, the city must also consider whether land excluded under subsection (4)(a) through (c) ofthis  proximity.  rule can reasonably accommodate the park use.  Findings: The proposed UGB amendment is to add a 40 acre parcel to the Silverton Urban Growth Boundary and designate it Public with thei intent to develop the parcel as apark in the future. The City of Silverton adopted a Parks and Recreation Master Plan in 2008 that has a 20-year planning period. The Parks Master Plan found there was an additional 115 acres of developed park land needed to serve future population and an additional 20 acres of natural areas needed to serve future population. The Vision Diagram in thel Parks Master Plan identified acquiring and developing ai new community park (30-50 acres) east of Abiqua Heights and near Pioneer Village as a high priority. Thej proposed UGB amendment will allow the future development of a community park in the area identified in the Parks and Recreation Master Plan in order to accommodate Thej property is located adjacent to the City Limits, which is ai requirement for future annexation andj provides for orderly development of public facilities due to the proximity of exiting public facilities. A 2009 park land analysis was undertaken in response to the 2008 Parks and Recreation Master Plan recommendation for the acquisition ofa community park ini the southeast section of Silverton. The study details are addressed earlier in this report. The ideal site will be between 30-50 acres and will be capable of providing community- based: recreation needs while preserving special landscapes and natural habitats. Possible improvements could include a pavilion, picnic facilities, playground, court sports, and infrastructure including parking, restrooms, and aj pathway system. Trail connections should be provided to adjacent neighborhoods. Further input and design is needed to  additional population.  determine actual park facilities.  UGB-23-01    Section 660.024.067  Evaluation of] Land in the Study Area for Inclusion in the  UGB  2. Priority ofLand for inclusion. in a UGB:  (a). First Priority is urban reserve, exception land, and nonresource land. Lands ini the study area that meet the description inj paragraphs (A) through (A). Land designated as an urban reserve under OAR chapter 660, division 21, (B). Land that is subject to an clnowleagedexcplion under ORS197.732;  (C)oft this subsection are ofequal (first) priority: in an acknowledged comprehensive plan;  and  (C). Land that is nonresource land.  (b) Second. Priority is marginal land: land within the study area that is designated as marginal land under ORS 197.247 (1991 Edition) in the (c) Third Priority is forest orj farm land that is not predominantly high-value farm land: land within the study area that is designated forj forest o7 agriculture uses in the acknowledged comprehensive, plan and that is not predominantly high-value farmland as defined in ORS 195.300, or that does not consist predominantly of prime 07 unique soils, as determined. by the United States Department of Agriculture. Natural. Resources Conservation Service (USDA NRCS). In selecting which lands to include to, satisfy the need, the city must use the agricultural land capability classification system or the cubic foot site class system, as appropriate for the acknowledged comprehensive plan designation, to. select lower capability 07 cubic) foot site (d). Fourth. Priority is agricultural land that is predominantly high-value farmland: landwithin the study area that is designated as agricultural land in an acknowledged comprehensive, plan and is predominantly high-value farmland as defined in ORS195.300. A city may not select land that is predominantly made up ofprime or unique farm. soils, as defined by the USDA NRCS, unless there is an insufficient amount of fother land to satisfy its land need. In. selecting which lands to include to. satisfy the need, the city must use the agricultural land capability classification system to. select lower capability  acknowledged comprehensive plan.  class lands first.  lands first.  Findings: OAR 660-024-0067 requires an evaluation oft the study area by priorities. Silverton has no adjacent urban reserves, exception lands, nonresource lands, or marginal lands. Lands adjacent to Silverton are predominantly high value farmland, soil class I through IV, with some class VI land to the east and south. The majority of adjacent land  UGB-23-01    to the west, north and east is zoned exclusive farmland and adjacent land to the south is The subject property is approximately 42% class VI soils and 58% class III soils with class] III soils being considered: high value farmland. Thei majority ofSilverton's: adjacent class VI soils have steep slopes that would not be suitable for aj portion oft the proposed park that would contain aj parking lot and other facilities requiring gentler slopes. The 40 acre proposed property has a combination of steep slopes and gentler slopes to accommodate the variety ofneeds for aj passive park. The property is also located int the identified area oft the 2008 Parks Master Plan for a community park identified as a high priority. In addition, the property borders the city limits which helps reduce impact to  zoned a combination ofa acreage residential and: farm timber.  the surrounding farmland. Points Cap Pclygons Class- II Ir Class- IV Cap Class lass VI VII Onot Class VIII Federaltand PE a Water Transportation Features Background Topagraphlc) Map  UGB-23-01    a Capability Class- -I Capability Class- -11 Capability Class -III Capability Class -IV Capability Class -V Capability Class- -VI Capability Class- VII Capability Class- VIII Notr ratedo or nota available  Oregon Revised Statutes, ORS 197A:  Section 197A.320 Priority ofLand to be included within Urban Growth Boundaries 6. When the primary purpose for expansion oft the urban growth boundary is to accommodate a particular industry use that requires specific site characteristics, or to accommodate a public facility that requires specific site characteristics and the. site characteristics may be found inc only a small number oflocations, the city may limit the study area to land that has, or could be improved to provide, the required site characteristics. Lands included within an urban growth boundary, for a particular industrial use, or a particular public facility, must remain planed and zoned for the  Outside Metro; Rules  intendeduse  Findings: The proposed UGB amendment is to add a 40 acre parcel to the Silverton Urban Growth Boundary and designate it Public with the intent to develop thej parcel as aj park in the future. The City of Silverton adopted a Parks and Recreation Master Plan in 2008 that has a 20-year planning period. The Parks Master Plan found there was an additional 115 acres of developed park land needed to serve future population and an additional 20 acres of natural areas needed to serve future population. The Vision Diagram in thel Parks Master Plan identified acquiring and developing ai new community park (30-50 acres) east of Abiqua Heights and near Pioneer Village as a high priority. Thej proposed UGB amendment will allow the future development ofa community park in the area identified in the Parks and Recreation Master Plan in order to accommodate Thej property is located adjacent to the City Limits, which is a requirement for future annexation and provides for orderly development of public facilities due to the proximity of exiting public facilities. A 2009 park land analysis was undertaken in response to the 2008  additional population.  UGB-23-01    Parks and Recreation Master Plan recommendation for the acquisition ofac community park in the southeast section of Silverton. The study details are addressed earlier int this report. The ideal site will be between 30-50 acres and willl be capable of providing community- based recreation needs while preserving special landscapes and natural habitats. Possible improvements could include aj pavilion, picnic facilities, playground, court sports, and infrastructure including parking, restrooms, and aj pathway system. Trail connections should be provided to adjacent neighborhoods. Further input and design is needed to  determine actual park facilities.  Oregon Statewide Planning Goals and Guidelines:  Goal5 5 Natural Resources, Scenic and) Historic. Areas, and Open Spaces  The "Goal. 5. Process"starts with an inventory ofGoal. 51 resources. Resource sites are assessed and significant sites are protected. Rules for some Goal. 5 resource categories rely on inventories and assessments that have been conducted by state or federal entities. There are six Goal 5 resource categories that rely on state or. federal inventories: wild and. scenic rivers, state scenic waterways, groundwater resources, Oregon recreation trails, Sage Grouse habitat, and wilderness areas. Three categories require local inventories. Initiating an inventory and completing the Goal 51 processf for the Thefollowing resources, shall bei inventoried: a. Riparian corridors, including water and riparian areas and fish habitat; b. Wetlands; C. Wildlife Habitat; d. Federal Wild and Scenic Rivers; e. State Scenic Waterways; f Groundwater Resources; g. Approved Oregon Recreation Trails; h. Natural Areas; i. Wilderness Areas; j. Mineral and. Aggregate Resources; k. Energy  remaining resource categories is optional.  sources; 1. Cultural areas.  Findings: The state has identified wetlands on the property and the City will inventory  the site as required. MI. SUMMARY, AND CONCLUSION  Findings have been made for all the applicable Code sections. The proposed Urban Growth Boundary Amendment, Comprehensive Plan Designation and Annexation meet applicable The Planning Commission held a public hearing to evaluate the proposed Urban Growth Boundary Amendment, Comprehensive Plan Designation and Annexation and recommends the The City Council held a public hearing and approved the Ordinance Amending the Urban Growth Boundary, Comprehensive Plan Designation, and Annexation on its first reading. A  Silverton! Development Code Review Criteria and Standards.  City Council approve the application.  second reading will have to occur for final approval.  UGB-23-01    Exhibit C  ATTACHMENT A: VICINITY MAP & REVIEW CRITERIA  Case File: UGB-23-01  Vicinity Map and Surrounding! Land Usel Districts North - EFU (Exclusive! Farm Use) East - EFU (Exclusive Farm Use) South- -R-1 (Single] Family Residential)  West- -F R-1 (Singlel Family Residential)/EFU (Exclusive Farm Use)  Property Lines Subject Property Urban Growth Boundary Silverton City Limits  Vicinity Map 325 650  Feet 1,300  UGB-23-01