MGMUP 2003 UGB Remand Project

On Tuesday, December 8, 2020, after three nights of public testimony (December 1, December 2 and December 3, 2020), the McMinnville City Council approved Ordinance No. 5098 adopting the McMinnville Growth Management and Urbanization Plan and its appendices, and the Findings for the McMinnville Growth Management and Urbanization Plan.  This action added land to the McMinnville urban growth boundary (UGB), provided comprehensive plan designations for the land in the city’s urban growth boundary that is not currently in the city limits, adopted amendments to the Comprehensive Plan goals, policies and proposals, and adopted amendments to Chapter 17 of the McMinnville Municipal Code. 

On Thursday, December 10, 2020, after a public hearing and receiving written public testimony, the Yamhill County Board of County Commissioners approved Ordinance 912, supporting the McMinnville Growth Management and Urbanization Plan and the amendment to the McMinnville Urban Growth Boundary as Part of the Yamhill County Comprehensive Plan. 

All of the final plan documents were delivered to the Department of Land Conservation and Development on Friday, December 11, 2020 and a Notice of Decision was mailed to all people who provided public testimony at the public hearings. 

Next steps are for the Director of the Department of Land Conservation and Development to review the McMinnville Growth Management and Urbanization Plan, its appendices and findings and issue a decision of approval, denial or remand within 120 days of the submittal.   

All of the final documents are provided below. 

For questions, please contact Heather Richards, Planning Director at 503-474-5107 or Heather.Richards@mcminnvilleoregon.gov
  

Final Adopted Documents Posted December 11, 2020
City Council Decision Notification Letter
McMinnville Ordinance No. 5098
Board of Commissioners Decision Notification Letter
Yamhill County Ordinance No. 912
McMinnville Growth Management & Urbanization Plan
McMinnville Growth Management & Urbanization Plan Findings
    Attachment 1:  Pertinent Legal Documents
    Attachment 2:  Phase 1 UGB Amendment Findings for Land Selection
    Attachment 3:  Public Testimony
Appendix A:  Population and Employment Forecast
Appendix B:  Buildable Land Analysis
Appendix C:  Urbanization Report
     Attachment 1:  Alternative Analysis Screen Criteria Workbook
     Attachment 2:  Technical Memorandums
     Attachment 3:  Reference Materials
     Attachment 4:  Maps Repository
     Attachment 5:  Legal Documents
     Attachment 6:  Phase 1 Expansion Land Study Areas
Appendix D:  Comprehensive Plan Policy Amendments
Appendix E:  Zoning Ordinance Amendments
Appendix F:  Comprehensive Plan Map Amendments
Appendix G:  Framework Plan and Area Planning

Information Posted December 8, 2020:
McMinnville Growth Management & Urbanization Plan Findings
   Attachment 3:  Public Testimony

Additional Information Posted December 3, 2020:
Public Comment Response Memo
Technical Memorandum No. 17B

Public Hearing Material Below Posted November 24, 2020:
Ordinance No. 5098
City Council Staff Report
November 24, 2020 Memorandum
McMinnville Growth Management & Urbanization Plan
McMinnville Growth Management & Urbanization Plan Findings
    Attachment 1:  Pertinent Legal Documents
    Attachment 2:  Phase 1 UGB Amendment Findings for Land Selection
Appendix A:  Population and Employment Forecast
Appendix B:  Buildable Land Analysis
Appendix C:  Urbanization Report
     Attachment 1:  Alternative Analysis Screen Criteria Workbook
     Attachment 2:  Technical Memorandums
     Attachment 3:  Reference Materials
     Attachment 4:  Maps Repository
     Attachment 5:  Legal Documents
     Attachment 6:  Phase 1 Expansion Land Study Areas
Appendix D:  Proposed Comprehensive Plan Policy Amendments
Appendix E:  Proposed Zoning Ordinance Amendments
Appendix F:  Proposed Comprehensive Plan Map Amendments
Appendix G:  Framework Plan and Area Planning

Public Testimony Received
Testimony Received from Morris Eagleman dated November 13, 2020
Testimony Received from Ruby Troncin dated November 19, 2020
Testimony Received from AWT, LLC, dated November 23, 2020
Testimony Received from Kari Moser, dated November 23, 2020
Testimony Received from Dan Fricke, dated November 25, 2020
Testimony Received from Susan Dirks, dated November 28, 2020
Testimony Received from Steve Leonard, dated November 29, 2020
Testimony Received from Mark Davis, dated November 30, 2020
Testimony Received from R. Scott Trent, dated November 28, 2020
Testimony Received from Jennifer Wood, dated November 30, 2020
Testimony Received from McMinnville Industrial Promotions, dated November 30, 2020
Testimony Received from Jenny Stolarz, dated November 30, 2020
Testimony Received from 1000 Friends of Oregon, dated December 1, 2020
Testimony Received from Abigail Neilan, dated December 1, 2020
Testimony Received from Dennis McGanty, dated December 1, 2020
Testimony Received from Melanie Byer-Jones, dated December 1, 2020
Testimony Received from Gene Baty, dated December 1, 2020
Testimony Received from Peg Hegna, dated December 1, 2020
Testimony Received from Al Ashcroft, dated December 1, 2020
Testimony Received from Charles Walker, dated December 1, 2020
Testimony Received from Christine Anderson, dated December 2, 2020
Testimony Received from MEDP, dated December 2, 2020
Testimony Received from McMinnville Properties, LLC, dated December 2, 2020
Testimony Received from Patty O'Leary, dated December 2, 2020
Testimony Received from Cristi Mason-Rivera, dated December 3, 2020
Testimony Received from Mara Pauda, dated December 3, 2020
Testimony Received from Janet Redmond, dated December 3, 2020
Rebuttal Testimony Received from 1000 Friends of Oregon and Friends of Yamhill County, dated December 3, 2020
Testimony Received from Mark Fery, dated December 3, 2020
Testimony Received from Travis Johnson, dated December 4, 2020
Testimony Received from Mark Davis, dated December 4, 2020
Testimony Received from Patty O'Leary, dated December 4, 2020
Testimony Received from Ramsey McPhillips, dated December 4, 2020

Public Hearing Notices
Mailed Notice to Impacted Property Owners
Mailed Notice to Surrounding Property Owners
Mailed Notice - Time Correction

Below is the first draft of documents for this effort.  This work is considered Phase II of work that was submitted to the state in 2003 and 2005 for consideration.  In 2003, local stakeholders testified in opposition to the Plan and it was remanded back to the City for further work.  In 2005, the state approved the proposal and it was subsequently appealed to the Court of Appeals by opponents.  The Court of Appeals reviewed the petitioners appeal and elected to remand the proposal back to the City of McMinnville for further refinement.  The documents below represent that refinement.  The City tried to maintain the values and principles of the McMinnville Growth Management and Urbanization Plan as it was the culmination of approximately ten years of public engagement and community envisioning in terms of how McMinnville residents wanted to see McMinnville grow in the future.  The bulk of the remand refinement is in Appendix C, entitled the Urbanization Report, which analyzes where the City should grow in terms of specific land to amend into its Urban Growth Boundary based on the direction of the Court of Appeals decision and the state statutes that were in place at the time of the original plan submittal in 2003.  All of the supportive evaluation and analysis is in the Attachments to Appendix C.

These are draft documents and are subject to refinement and amendments up until the public hearing on December 1, 2020.  The City of McMinnville will post all documents that have been amended on this same site with the date of the amendment and a memo that points out the amendments that were made in the document.  If you have any questions about the content of the documents or the process, please contact the City of McMinnville’s Planning Department at 503-434-7311. 

Updated Material Below Posted November 18, 2020:
McMinnville Growth Management & Urbanization Plan
Appendix A:  Population and Employment Forecast
Appendix B:  Buildable Land Analysis
Appendix C:  Urbanization Report
     Attachment 1:  Alternative Analysis Screen Criteria Workbook
     Attachment 2:  Technical Memorandums
     Attachment 3:  Reference Materials
     Attachment 4:  Maps Repository
     Attachment 5:  Legal Documents
     Attachment 6:  Phase 1 Expansion Land Study Areas
Appendix D:  Proposed Comprehensive Plan Policy Amendments
Appendix E:  Proposed Zoning Ordinance Amendments
Appendix F:  Proposed Comprehensive Plan Map Amendments
Appendix G:  Framework Plan and Area Planning
 

Material Below Posted October 27, 2020:
McMinnville Growth Management & Urbanization Plan
Appendix A:  Population and Employment Forecast
Appendix B:  Buildable Land Analysis
Appendix C:  Urbanization Report
     Attachment 1:  Alternative Analysis Screen Criteria Workbook
     Attachment 2:  Technical Memorandums
     Attachment 3:  Reference Materials
     Attachment 4:  Maps Repository
     Attachment 5:  Legal Documents
     Attachment 6:  Phase 1 Expansion Land Study Areas
Appendix D:  Proposed Comprehensive Plan Policy Amendments
Appendix E:  Proposed Zoning Ordinance Amendments
Appendix F:  Proposed Comprehensive Plan Map Amendments
Appendix G:  Framework Plan and Area Planning

Project Summary:

In 1994, the City of McMinnville entered into a Periodic Review program with the Department of Land Conservation and Development for growth planning.  The intent of this periodic review program was to evaluate the city’s ability to accommodate 20 years of future growth for housing and employment needs within the existing urban growth boundary and if needed to expand the existing urban growth boundary to accommodate the future need.  The existing UGB was established for a 20 year growth period of 1980 – 2000.  The City started the work towards identifying the need for a future 20 year growth planning period.  Over many years of evaluation, analysis and oppositional challenges, the City of McMinnville eventually adopted a McMinnville Growth Management and Urbanization Plan in 2003 for the planning horizon of 2003 – 2023.  This plan was challenged and opposed at the state level of review and was remanded to the City of McMinnville for further refinement.  In 2005, the City of McMinnville adopted a refined MGMUP for the planning horizon of 2003-2023 which was approved by the state.  After the state’s approval the plan was challenged again in the Court of Appeals.  The Court of Appeals remanded the plan back to the state who then remanded it back to the City of McMinnville in 2012.  In 2020, the McMinnville City Council directed city staff to prepare a response to the remand.  This direction was provided based on the fear of another long legal journey of challenges and opposition for a new effort, and the interest in building upon all of the efforts of the previous project to resolve the one outstanding assignment of error in the court remand. 

McMinnville Growth Management and Urbanization Plan. 

Below is a link to the project page for the original McMinnville Growth Management and Urbanization Plan.  This was originally adopted in 2003 and then refined in 2005.  The MGMUP planned for a future growth horizon of 2003-2023.  The proposed Urban Growth Boundary expansion consisted of approximately 1052 acres.  Of this amount of need, 259 acres was allowed to become part of the McMinnville Urban Growth Boundary and the remainder was challenged. 

• McMinnville Growth Management and Urbanization Plan

Current Remand Work:

This project is currently underway with a goal of adoption by December 31, 2020.  It is the City’s response to a Court of Appeals remand on the 2003 McMinnville Growth Management Urbanization Plan.  Essentially a remand is a directive that the process for the program was flawed and that the City needs to correct some items or that establish a new process.  In this case, the Court of Appeals decided that the City of McMinnville has one assignment of error on a project that began in 1994 and although supported widely by the community endured twelve years of challenges and opposition from a few local residents, 1000 Friends of Oregon and Friends of Yamhill County. 

“The City erred in its application of ORS 197.298, and that a correct application of the law could compel a different result.”

Since this is a court remand that the City is responding to it is critical to work within the established record of the project. 

• Court of Appeal Record for the 2003 MGMUP
• Court of Appeal Remand to Land Conservation and Development Commission 
• Land Conservation and Development Commission Remand to the City of McMinnville
   

Public Work Sessions:

Since this work is occurring in the midst of the COVID-19 pandemic in 2020, the City of McMinnville has been trying to provide monthly updates on the work’s progress and decision-making milestones with recorded presentations to the McMinnville City Council and Yamhill County Board of County Commissioners.

Draft Documents:

Currently there are no draft documents.  This section will be updated as documents are drafted.