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Woodburn city staffers are not the only ones disappointed that the process to expand the city’s urban growth boundary is taking so long. Officials with the state agency that approved the plan are bummed too.

Both the city and the Department of Land Conservation and Development learned this week that a group of land-use advocacy organizations would appeal the UGB expansion proposal approved in January by the Land Conservation and Development Commission. This marks the second time in the past several years that an approved Woodburn UGB expansion proposal will go before the Oregon Court of Appeals. The process will now be extended at least throughout the rest of the year.

鈥淲e believe the commission’s order on remand faithfully responded to the directions we received from the Court of Appeals (during the first appeal), and we are sorry that even more time will pass while the parties go through the Court of Appeals for a second time,鈥� acting DLCD Director Jerry Lidz said.

Woodburn first submitted a UGB expansion plan to the LCDC in 2005 after spending years developing it as part of its state-mandated periodic review. In 2007, the LCDC approved that plan, which called for a 979-acre expansion.

The approval was soon appealed, and in September 2010 was reversed and remanded to the LCDC by the Court of Appeals. The court directed the commission to provide a better explanation of the proposed UGB expansion’s relationship to Oregon’s Statewide Planning Goals Nos. 9 (economic development) and 14 (urbanization).

The DLCD then prepared a revised order and findings, which were officially approved by the LCDC on March 16. That decision was then appealed this week by 1000 Friends of Oregon, Friends of Marion County, the Marion County Farm Bureau and some area farmers. The parties call into question the justification for the plan including 409 acres of land designated for industrial employment.

鈥淚n this case, the department and commission spent considerable effort helping Woodburn assure it has the right amount of land for new jobs and new housing development,鈥� Lidz said. 鈥淲e naturally are disappointed that this matter remains unresolved for the community, nearly five years after the commission first approved the city’s growth plan.鈥�

According to the staff attorney for 1000 Friends of Oregon, Mary Kyle McCurdy, who is representing the appealing parties, the appeal centers only on the justification for the industrial acreage. The appeal did not cite the 383.5 net acres included for residential growth or the 24 net acres included for commercial growth.

鈥淢arion County is in the heart of Oregon agriculture, so this is an important topic to us and we are not going to take it lightly,鈥� McCurdy said. 鈥淟ooking at the evidence put in the record, we think they are putting about twice as much industrial land in the expansion than they can justify.鈥�

Under state law, the city can expand the UGB only enough to meet needs for 20 years. The city based its proposal on a commercial and industrial lands inventory report, but it’s not the only type of report that can be used, and none are foolproof.

Woodburn Mayor Kathy Figley in the past has said that she fully understands the important role that agriculture plays in the community. However, she has noted throughout this process that additional industrial land could help provide higher paying jobs for the aging agricultural workforce that makes up a large portion of the community.

The appealing parties filed their petition for judicial review, and must file their brief 鈥� which outlines what they are appealing 鈥� before July. The LCDC and the city would then be able to file their own brief.

According to McCurdy, there is no timeframe on when the court of appeals will hear oral arguments and when it will make a decision. But she hopes it happens sooner rather than later.