Commissioners deny Millersburg land use request

ALBANY — Tuesday morning, the Linn County Board of Commissioners denied a land use request by the City of Millersburg, after studying the issue over parts of three meetings that started in January.

Commissioners Roger Nyquist and Sherrie Sprenger approved a motion to deny the city’s request and Commissioner Will Tucker voted against the motion. 

Members of the Planning Commission had previously voted unanimously to deny the city’s request as well.

The City of Millersburg wanted to move 167-plus acres near the southwest corner of the city out of its Urban Growth Boundary and “swap” that property for a nearby 163 acres, which is allowed by state land use laws and county land use rules. Both properties are zoned Exclusive Farm Use, but the 163 acres is considered better farm ground than that which it would replace, which is currently a young hazel nut orchard.

Millersburg wants the swap because there is interest in developing a paper-products mill by an Italian-based company, although they have not purchased the property.

Neighboring farmers strongly opposed the swap citing the high productivity of the 163 acres and their opposition to the city’s boundary moving west of the railroad tracks, which for decades has been an unofficial dividing line between town and country, although the city’s Urban Growth Boundary actually already extends beyond the tracks.

After further discussion, Commissioner Nyquist said he was especially concerned about water issues on the 167 acres. He has concerns that property near the retaining ponds had some contamination based on their history and he could not assure adjacent property owners that contamination would not encroach onto their property with routine farming operations that would disturb the soil.

In his move to deny the land use request, Commissioner Nyquist cited criteria for plan map amendments including: “The presence of any development limitations including geologic hazards, flood hazards or water quality or quantity will not have a significant effect on land uses permitted through the amendment.”

Commissioner Nyquist noted that farmers in the Dever-Conner area and the City of Millersburg have always had a good working relationship and he hopes that will continue. He added that the farm ground in that area is among the best in the region.

Commissioner Sprenger said the county wanted to provide everyone “with and opportunity to come to the table and have their voice heard.”

She also pointed out that to her knowledge, it is the first time the Planning Commission was unanimous on a decision of this type.

She added that “once farmland of this quality is lost, it is lost forever. It’s a big deal to me.”

Commissioner Tucker said two holding ponds on the International Paper property are not included in the land use request and the City of Millersburg has plans to make the swap “compatible” with area needs. He believes Millersburg’s request meets both state and county land use codes.

In other business, the commissioners:

— Ratified a Homeless Emergency Declaration they had submitted to the State last week. The declaration notes that Linn County has a higher rate of homelessness that Multnomah County on a per capita basis. The declaration intends to seek a portion of state funds Gov. Kotek has earmarked for homeless issues. The declaration could help the City of Sweet Home, which has also declared an emergency and recently opened a homeless encampment on property donated to the city by the county. Although all three commissioners voted in favor of the declaration, Commissioner Nyquist said the state is at least partially at fault because it has not provided enough beds or mental health hospitals to meet demand, has downgraded felony drug charges to misdemeanors and has imposed a land use system that makes building affordable housing challenging. Commissioners Sprenger and Tucker said the declaration sets the county up for potential financial assistance from the state.

— Were told by Planning & Building Director Steve Wills there were 239 non-structural permits issued in February and seven permits for dwellings. There were 17 new code enforcement cases opened and 15 closed. There are 177 total open cases.

— Approved implementing an updated Construction Excise Tax approved by the Greater Albany Public Schools of $1.26 per square foot of residential property and 63 cents per square foot of commercial property, up from $1 and 50 cents respectfully.

— Appointed Mellissa Barnard to the County Planning Commission.

— Approved the purchase of $450,000 in oil rock from Knife River and RiverBend Materials to supply several upcoming road projects.

— Approved participation in the 2023-25 Community Dispute Resolution Program. Linn County would received about $35,913 in grant funding, up from $28,404.

— Approved participation in the national opioid settlement with Teva, Allergan, CVS, Walgreens and Walmart.

— Donated a 2002 Chevrolet passenger van to Albany Helping Hands shelter to be used to transport people with medical issues to local Urgent Care or Emergency Departments instead of by taxi or ambulance.

— Approved a major amendment to the Harrisburg Urban Renewal Plan.

Media contact: Alex Paul, Linn County Communications Officer, 541-67-3825 or email apaul@co.linn.or.us.