PUBLIC COMMENT - DAN TERRELL & BILL KLOOS ON BEHALF OF HBA (1-4-17)

I exception lands in Area 5 and select Area 8 with better quality soils than Area 2 7, which has the worst quality agricultural Soils. 12 3 1. Priority Scheme for UGB Amendments 4 ORS 197.175(1) requires cities and counties to exercise their planning 5 and zoning responsibilities in accordance with state land use statutes and the 6 Statewide Planning Goals. ORS 197.298 requires that urbanization of rural 7 lands occur by expanding the UGB based on a priority scheme. Although the 8 statute partially supplants the requirements of Goal 14, the Goal continues to 9 operate in a manner that supplements the statutory priority scheme. 13 10 The relevant text of ORS 197.298 is set out at footnote 15.14 None of the 11 11 candidate areas in this case include urban reserves or marginal lands, so 12 The nomenclature can be confusing. In this opinion we refer to the ORS 197.298(1) priority scheme as expressing a preference for exception lands (a higher priority) over agricultural lands (a lower priority). And if agricultural lands are to be included, agricultural lands of the worst quality are a higher priority than agricultural lands of the best quality (a lower priority). ORS 197.298(2). 13 "[B]ecause ORS 197.298 specifically provides that its requirements are in addition to the urbanization requirements of Goal 14, which are particularly directed to the establishment and change of UGBs, it cannot be said that the statute was intended to supersede Goal 14." 1000 Friends of Oregon v. LCDC, 244 Or App 239, 260, 259 P3d 1021 (2011), quoting Residents of Rosemont v. Metro, 173 Or App 321, 332-333, 21 P3d 1108 (2001) (emphasis in original). 14 One of the things that complicates UGB amendments is that the statutes, rules and applicable statewide planning goals have been amended frequently. ORS 197.298 was amended in 2013 to accommodate for a new simplified urban growth boundary amendment process, but the 2013 amendment became Page 17