BEFORE THE BOARD OF COMMISSIONERS
FOR MARION COUNTY, OREGON
In the Matter of an Ordinance amending the Marion )
County Comprehensive Plan Urbanization Element )
Text and Policies Adopted by Ordinance No. 601, )
as amended, with the Marion County Urban Growth )
Management Framework and Implementation )
Strategy; and completing Marion County Periodic )
Review Work Program task for a Countywide )
Urban Growth Management Program; and )
Declaring an Emergency
ORDINANCE NO. 1166
THE MARION COUNTY BOARD OF COMMISSIONERS HEREBY ORDAINS AS FOLLOWS:
SECTION I. PURPOSE
This Ordinance is enacted pursuant to the authority granted to general law counties in the State of Oregon by ORS Chapters 203, 197, and 215 to implement the Marion County Comprehensive Land Use Plan. This Ordinance amends the text, goals and policies of the Comprehensive Plan with the adoption of the Marion County Urban Growth Management Framework and Implementation Strategy to conform with the provisions of Oregon Administrative Rules Chapter 660 and the Statewide Land Use Planning Goals.
SECTION II. AUTHORIZATION AND PROCEDURAL HISTORY
Pursuant to Oregon Administrative Rules (OAR) Chapter 660, Division 25 pertaining to Periodic Review, in December 1998 the Marion County Board of Commissioners amended the County’s periodic review work program to include a new work element for an urban growth management project. The Board initiated the project in conjunction with County responsibilities under ORS 195.025 and 195.036 to coordinate with cities on developing population projections and coordinating planning activities. The growth management project work task involved a multi-year planning process that began in March 1999, assisted by planning grants from the State of Oregon, to establish an urban growth management framework and implementation strategy to coordinate and address growth issues with the 20 cities in Marion County in a comprehensive manner. The growth management framework and implementation strategy will be an amendment to the Marion County Comprehensive Plan to guide, coordinate and integrate urban growth issues between the County and the cities. Coordination and planning work tasks under the project were completed in June 2002.
The Marion County Board of Commissioners initiated a legislative amendment to the Marion County Comprehensive Plan by Resolution 02-31R, dated July 17, 2002. The proposed amendments revise the Urbanization Element of the Comprehensive Plan with the incorporation of the Urban Growth Management Framework and Implementation Strategy and related text modifications to be consistent with the Framework. Pursuant to ORS Chapter 197 and 215, the Board held a duly advertised public hearing on August 28, 2002, for which proper public notice was provided to all 20 cities, participants in the growth management project, and interested persons. All persons present during the public hearing and those provided notice of the hearing, were given the opportunity to speak or present written statements for the record in this matter. The Board closed the public hearing and directed staff to coordinate with the cities that had expressed specific concerns with the Framework and Implementation Strategy, and make modifications to the plan amendment as needed and appropriate within the context of the Marion County Comprehensive Plan. The Board approved the revised Urban Growth Management Framework and Implementation Strategy plan amendment on December 4, 2002.
SECTION III. FINDINGS
The amendments to the Marion County Comprehensive Land Use Plan Urbanization Element are based on consideration and analysis of the provisions of ORS Chapters 195, 197 and 215, OAR Chapter 660, Division 25, the Statewide Planning Goals, the Marion County Comprehensive Land Use Plan, and evidence obtained during the public hearing. Due consideration was given to the evidence and testimony in the hearing record, and information resulting from the Marion County Urban Growth Management Project. The Board finds that the Growth Management Framework and Implementation Strategy amendments to the Marion County Comprehensive Land Use Plan Urbanization Element conform with the provisions of the criteria stated above upon which the decision is to be based.
SECTION IV. AMENDMENTS TO THE COMPREHENSIVE LAND USE PLAN
The Marion County Comprehensive Plan is amended to include the Urbanization Element and related Marion County Comprehensive Land Use Plan text as set forth in Exhibits A and B.
SECTION V. REPEAL OF PORTIONS OF EXISTING PLANS
Those portions of Marion County Ordinance No. 601 (Marion County Comprehensive Land Use Plan) amended and superseded by Exhibits A and B are hereby repealed.
SECTION VI. SEVERABILITY AND SAVINGS CLAUSE
Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance or any policy, provision, finding, 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 of continued application of any other portion or element of this ordinance or amendments to Ordinance No. 601 as amended hereunder; and if this ordinance or any portion thereof should 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. EMERGENCY CLAUSE
This ordinance amending the Marion County Comprehensive Land Use Plan Ordinance No. 601 as amended, by adopting amendments to the Urbanization Element, being necessary to protect the public health, safety and welfare, an emergency is declared to exist and this Ordinance shall take effect immediately upon adoption.
SIGNED and FINALIZED at Salem, Oregon this ______ day of ______________, 2002.
MARION COUNTY BOARD OF COMMISSIONERS
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 of intent to appeal within 21 days from the date this ordinance becomes final. Oregon Administrative Rules, Chapter 660, Division 25, Section 140 provides that periodic review work task decisions may be reviewed by the Land Conservation and Development Commission by filing a notice of objection within 21 days from the date of the notice of the decision for the completed work task.