Chapter 4.11
URBAN GROWTH BOUNDARY AMENDMENTS
Sections:
4.11.200 Urban growth boundary change.
4.11.300 Simultaneous urban growth boundary change with comprehensive plan change.
4.11.400 Initiation of urban growth boundary change by city council.
4.11.500 Initiation of urban growth boundary change by planning commission.
4.11.600 Initiation of urban growth boundary change by the Marion County board of commissioners.
4.11.700 Initiation of urban growth boundary change by petition.
4.11.800 Criteria to be used in considering an urban growth boundary change.
4.11.100 Purpose.
This chapter states the initiation process and criteria to be used in considering an urban growth boundary change. (Ord. 08-06 § 3, 2008)
4.11.200 Urban growth boundary change.
An “urban growth boundary change” is an alteration of any portion of the adopted boundary line from one location to another after the proposed change has been reviewed and a recommendation made by the planning commission, and enacted by ordinance by the city council and the Marion County board of commissioners in accord with the following provisions. All boundary amendments shall be simultaneously adopted as changes to the comprehensive plan in accordance with SDC 4.11.300. (Ord. 08-06 § 3, 2008)
4.11.300 Simultaneous urban growth boundary change with comprehensive plan change.
If urban growth boundary changes are adopted in accordance with SDC 4.11.200, the resulting comprehensive plan change can be adopted simultaneously. No additional conditions must be set for a comprehensive plan change. (Ord. 08-06 § 3, 2008)
4.11.400 Initiation of urban growth boundary change by city council.
A. An urban growth boundary change may be initiated by the city council only when the change proposed is for some governmental, educational, religious or philanthropic purpose, or is in the public interest and of general interest.
B. Proceedings to alter the boundary initiated by the city council shall be by resolution, and the resolution shall be referred to the planning commission. The community development director shall thereupon fix a date for hearing by the planning commission, give notice of such hearing and a hearing shall be conducted as provided in Article 4 for Type IV applications.
C. After the hearing by the planning commission, the planning commission shall make a recommendation in the form of a resolution to the city council.
D. If the city council approves the boundary amendment, it shall adopt it by resolution and forward it to the Marion County board of commissioners along with all exhibits and findings thereon and a written request for the board to consider the boundary change and adopt it.
E. If the Marion County board of commissioners approves the boundary amendment, both the city council and board of commissioners shall adopt the change by ordinance. If the board of commissioners does not approve the boundary amendment, it shall convene a meeting with the city council to further consider the change.
F. If no mutual agreement is reached, the city council may appeal to the Oregon State Land Conservation and Development Commission or seek judicial remedy. (Ord. 08-06 § 3, 2008)
4.11.500 Initiation of urban growth boundary change by planning commission.
A. An urban growth boundary change may be initiated by resolution by the planning commission only when the proposed change is in the public interest and of general interest. Proposals for boundary revisions resulting from comprehensive plan review proceedings as provided in SDC 4.12.600 may be initiated by the planning commission.
B. When the proceedings are initiated by the planning commission, the community development director shall fix a date for hearing before the planning commission, give notice of such hearing and a hearing shall be conducted as provided in Article 4 for Type IV applications.
C. After the hearing, the planning commission may refer its recommendation to the city council in the form of a resolution.
D. If the city council approves the boundary amendment, it shall adopt it by resolution and forward it to the Marion County board of commissioners along with all exhibits and findings thereon and a written request for the board to consider the boundary change and adopt it.
E. If the Marion County board of commissioners approves the boundary amendment, both the city council and board of commissioners shall adopt the change by ordinance. If the board of commissioners does not approve the boundary amendment, it shall convene a meeting with the city council to further consider the change.
F. If no mutual agreement is reached, the city council may appeal to the Oregon State Land Conservation and Development Commission or seek judicial remedy. (Ord. 08-06 § 3, 2008)
4.11.600 Initiation of urban growth boundary change by the Marion County board of commissioners.
A. The Marion County board of commissioners may forward proposed boundary amendments to the city council along with all exhibits and findings thereof and a written request for the city council to consider the boundary change and adopt it.
B. The city council shall forward such request to the planning commission for consideration.
C. The planning commission shall automatically initiate the requested amendment and the community development director shall fix a date for hearing before the planning commission, give notice of such hearing and a hearing shall be conducted as provided in Article 4. Unless required by state law, this hearing is optional at the discretion of the planning commission if Marion County had held a hearing in Silverton with notification to potentially affected citizens within three months previous to the receipt of the request by the city council.
D. The planning commission shall refer its recommendation in the form of a resolution to the city council.
E. The city council shall either adopt the boundary amendment by ordinance or request a joint meeting with the Marion County commissioners to further consider the change. (Ord. 08-06 § 3, 2008)
4.11.700 Initiation of urban growth boundary change by petition.
Property owners or persons purchasing property under contract, if they state in writing that they are purchasing property under contract, may file an urban growth boundary change petition. In addition to the application submittal requirements listed under Article 4 for Type IV applications, the following information shall be included:
A. An explanation of the reasons for which the boundary amendment is being sought, together with any sketches or plans the petitioner feels will illustrate the proposal, and the potential impact upon the area resulting from the proposed change shall be addressed.
B. Written findings of fact and conclusions for the review criteria listed in SDC 4.11.800.
C. Within 10 days of the petition being filed with the community development director, the application shall be checked for completeness and if the petition is sufficient, the community development director shall refer the petition to the planning commission and a hearing date shall be set. The community development director shall give notice of such hearing and a hearing shall be conducted as provided in Article 4 for Type IV applications.
D. The planning commission shall hold a public hearing and shall refer its recommendation to the city council in the form of a resolution.
E. If the city council approves the boundary amendment, it shall adopt it by resolution and forward it to the Marion County board of commissioners along with all exhibits and findings thereon and a written request for the board to consider the boundary change and adopt it.
F. If the Marion County board of commissioners approves the boundary amendment, both the city council and board of commissioners shall adopt the change by ordinance. If the board of commissioners does not approve the boundary amendment, it shall convene a meeting with the city council to further consider the change.
G. If no mutual agreement is reached, the city council may appeal to the Oregon State Land Conservation and Development Commission or seek judicial remedy. (Ord. 08-06 § 3, 2008)
4.11.800 Criteria to be used in considering an urban growth boundary change.
A. Changes in the urban growth boundary will be limited to those cases in which the land in question is needed to provide for:
1. Accommodation of additional population;
2. Housing and employment opportunities;
3. Orderly and economical provision of public facilities and services;
4. Maximum efficiency of land uses;
5. Retention of agricultural lands;
6. Compatibility of the proposed urban use with nearby agricultural activities; and
7. Improvement of the area’s environmental, energy, economic and social well-being.
B. All urban growth boundary amendments must be in accordance with the goals, objectives and policies of the comprehensive plan.
C. If the request for an urban growth boundary change originates from a petition, the petitioner will bear the burden of proof. (Ord. 08-06 § 3, 2008)