Bill Text: OR HB2255 | 2013 | Regular Session | Introduced
Bill Title: Relating to land use planning for employment uses.
Spectrum: Unknown
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2255 Detail]
Download: Oregon-2013-HB2255-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 655
House Bill 2255
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of Governor John A. Kitzhaber, M.D., for
Department of Land Conservation and Development)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Modifies planning period for inclusion of land within urban
growth boundary from 20 years to 15 years.
Creates option, for purpose of inclusion of land within urban
growth boundary, for projecting number of new jobs and demand for
land to meet employment needs.
Establishes process for designating industrial reserves
separate from processes to designate other urban reserves.
Authorizes Economic Recovery Review Council to receive and
process applications from local governments for expedited project
review of specified traded sector development that has siting
needs that cannot be met in urban areas of county in which siting
is proposed.
Modifies sunset provision for council.
A BILL FOR AN ACT
Relating to land use planning for employment uses; creating new
provisions; and amending ORS 195.034, 195.145, 197.296, 197.299
and 197.304 and sections 12 and 13, chapter 564, Oregon Laws
2011.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2013 Act is added to and made
a part of ORS chapter 197. + }
SECTION 2. { + (1) For purposes of a periodic review pursuant
to ORS 197.628 to 197.651 or any other legislative review of a
comprehensive plan or regional framework plan that concerns the
urban growth boundary and requires the application of a statewide
land use planning goal relating to urbanization, a local
government may estimate the amount of land to be included within
the urban growth boundary to accommodate the net growth in jobs
for all types of employment in the urban area:
(a) By projecting that the number of jobs in the urban area
will grow, during a 15-year planning period, at a rate equal to
either:
(A) The rate of growth forecast for nonfarm payroll in the most
recent 10-year forecast published by the Employment Department,
annualized for the appropriate county or region; or
(B) The rate of population growth forecast for the urban area
in the adopted coordinated 15-year population forecast required
by ORS 195.036 or the extended population forecast allowed by ORS
195.034, annualized for the urban area; and
(b) By converting the projected growth in jobs into demand for
land for employment purposes, utilizing standard ranges for
ratios of land per employee based on community size established
by rule of the Land Conservation and Development Commission.
(2) When a local government uses the method in this section to
estimate the need for land for employment uses, in evaluating the
adequacy of the existing land supply the local government shall
review its acknowledged comprehensive plan and land use
regulations implementing the plan to identify and, as
appropriate, to remove barriers to efficient land utilization
before concluding that the urban growth boundary must be
expanded.
(3) The commission may adopt rules to implement this section,
including rules to:
(a) Limit the retail use of land that is planned and zoned for
employment uses and located at or near interchanges to state
highways in large or rapidly growing urban areas.
(b) Limit the availability of parking for motor vehicles at or
near interchanges to state highways in large or rapidly growing
urban areas. + }
SECTION 3. { + Section 4 of this 2013 Act is added to and made
a part of ORS 195.137 to 195.145. + }
SECTION 4. { + (1) As used in this section, 'industrial
reserve' means land that will provide for:
(a) Future expansion over a long-term period to provide
adequate opportunities for a variety of vital economic
activities; and
(b) The cost-effective provision of public facilities and
services within the area when the lands are included within the
urban growth boundary.
(2) Two or more local governments may enter into an
intergovernmental agreement pursuant to ORS 190.003 to 190.130,
195.025 or 197.652 to 197.658 to designate industrial reserves
pursuant to this section.
(3) Land designated as an industrial reserve must be outside an
urban growth boundary.
(4) Designation and protection of industrial reserves:
(a) Is not a basis for a claim for compensation under ORS
195.305 unless the designation and protection of industrial
reserves imposes a new restriction on the use of private real
property.
(b) Does not impair the rights and immunities provided under
ORS 30.930 to 30.947.
(5) Notwithstanding the requirement that two or more local
governments designate an industrial reserve, the Land
Conservation and Development Commission may require a local
government to designate an industrial reserve pursuant to this
section:
(a) During its periodic review in accordance with the
conditions for periodic review under ORS 197.628.
(b) Outside of its periodic review if:
(A) The local government is located inside a primary
metropolitan statistical area or a metropolitan statistical area
as designated by the United States Census Bureau on November 4,
1993; and
(B) The local government was required to designate an urban
reserve by rule prior to November 4, 1993.
(6) In carrying out subsection (5) of this section:
(a) When an industrial reserve is established within an urban
reserve, neither the commission nor any local government may
prohibit the siting on a legal parcel of a single family dwelling
that would otherwise have been allowed under law existing prior
to designation of the industrial reserve.
(b) The commission shall provide to local governments a list of
options, rather than prescribing a single planning technique, to
ensure the efficient transition, if appropriate, from rural to
industrial use in the industrial reserve.
(7) If local governments designate an industrial reserve, the
local governments shall plan to accommodate the projected need
for industrial land for at least 20 years, and not more than 25
years, after the 15-year period for which the local governments
have demonstrated a buildable land supply in the most recent
inventory, analysis and determination performed under ORS
197.296.
(8) Local governments shall base the designation of industrial
reserves under this section upon consideration of factors
including, but not limited to, whether land proposed for
designation as industrial reserves, alone or in conjunction with
land inside the urban growth boundary:
(a) Can be developed for industrial uses in a way that makes
efficient use of existing and future public infrastructure
investments;
(b) Includes sufficient development capacity to support a
variety of vital economic activities;
(c) Can be served by transportation infrastructure and other
necessary public facilities and services efficiently and
cost-effectively by appropriate and financially capable service
providers; and
(d) Can be designed to preserve and enhance natural ecological
systems.
(9) A county may adopt an exception under ORS 197.732 to a
statewide land use planning goal to allow the establishment of a
transportation facility in an area designated as industrial
reserve under this section.
(10) The commission shall adopt by goal or by rule a process
and criteria for designating industrial reserves pursuant to this
section. + }
SECTION 5. { + (1) As used in this section:
(a) 'Discretionary local permit' includes local land use
permits and licenses.
(b) 'Discretionary state permit' does not include a permit or
license issued by a state permitting agency pursuant to a
federally delegated program.
(c) 'Economic opportunity project' means a traded sector
industrial use of land that cannot readily be anticipated and
preplanned because the industrial use:
(A) Presents a unique and vital economic opportunity for
employment of substantial regional or state impact on employment;
and
(B) Requires a large amount of land or has unique locational
needs that cannot be met within any city or urban growth boundary
in the county.
(d) 'State permitting agency' means the Department of
Environmental Quality, the Department of State Lands or the
Department of Transportation.
(2) When a county has an opportunity to allow the siting and
development of an economic opportunity project that cannot be
accommodated on land within any city or urban growth boundary in
the county, the county and one or more cities in the county
jointly may file an application with the Economic Recovery Review
Council, established under section 3, chapter 564, Oregon Laws
2011, for expedited project review.
(3) The council may expedite the siting and development of the
project through an expedited project review process if:
(a) The site requirements of the project cannot be met by a
site within any city or urban growth boundary in the county
containing the proposed site;
(b) Adequate workforce is available to meet the projected need
of the project within ___ distance of the proposed site;
(c) Agreements are in place to fund public infrastructure and
services required to serve the project; and
(d) Development of the project:
(A) Does not require completion of an environmental impact
statement, either because the development falls within a
categorical exclusion from the requirement or because an
environmental assessment results in a finding of no significant
impact; and
(B) Does not require major transportation improvements.
(4) If the county and one or more cities file a complete
application within the time specified by the council, the council
shall:
(a) Provide notice of the application in the manner required by
ORS 197.763 for a land use decision or in the manner required for
a conditional use permit in the applicable acknowledged land use
regulations of the local government within whose land use
jurisdiction the project would be sited and developed, whichever
results in broader notice;
(b) Provide for a public hearing on the proposal to site and
develop the project in the land use jurisdiction in which the
siting would occur;
(c) Consider recommendations of the applying county and cities
and of state permitting agencies that would otherwise have
jurisdiction to review the discretionary local permits and
discretionary state permits for siting and development of the
project in determining whether the project complies with
applicable standards and criteria and in determining whether to
impose conditions of approval for the project; and
(d) Apply the standards and criteria for each discretionary
local permit and discretionary state permit required for the
construction and operation of the project and determine, within
120 days after the date a complete application is filed and based
on the record and the applicable law, whether the project
complies with the applicable standards and criteria.
(5) The council has jurisdiction to approve discretionary local
permits and discretionary state permits. The council may not
waive standards and criteria that apply to issuance of a
discretionary local permit or a discretionary state permit. If
the council determines that the proposed project complies with
the applicable standards and criteria, the council shall issue a
project certificate approving the siting and development of the
project. In addition to other conditions reasonably necessary to
ensure that the project complies with applicable standards and
criteria, the council may impose a condition requiring
commencement of construction by a date calculated to ensure that
a particular site is developed for the project within a specific
time period. If the council determines that the project does not,
or cannot, comply with applicable standards and criteria, the
council shall issue a final order denying the application and
explaining why the application was not approved.
(6) A state permitting agency or a local government may
recommend conditions of approval reasonably necessary to ensure
that the construction and operation of the project complies with
applicable standards and criteria.
(7) Expedited project review is not subject to ORS 183.413 to
183.470.
(8) Issuance of a project certificate:
(a) Binds public bodies, as defined in ORS 174.109, in regard
to approval of construction and operation of the project.
(b) Satisfies requirements imposed on a state permitting agency
by ORS 197.180 and administrative rules implementing ORS 197.180.
(c) Authorizes the local government with land use jurisdiction
over the approved site to include the site within the local
government's acknowledged urban growth boundary, notwithstanding
any contrary requirement of ORS 197.295 to 197.314 or 197.610 to
197.625 or a statewide land use planning goal relating to
urbanization.
(d) Authorizes the local government to submit the change to its
acknowledged comprehensive plan and land use regulations in the
manner required by ORS 197.610 to 197.625 and, for purposes of
acknowledgement, limits the scope of commission review to
confirmation that the changes are consistent with the project
certificate.
(9) After the council issues a project certificate, state
permitting agencies and local governments shall:
(a) Issue discretionary local permits and discretionary state
permits as required in the project certificate; and
(b) Exercise enforcement authority over the permits, including
conditions imposed in the project certificate.
(10) The council shall charge the potential developer, through
the applicant, a fee calculated to recover the costs reasonably
incurred to conduct expedited project review, including the costs
incurred by state permitting agencies and local governments that
make recommendations to the council concerning whether the
proposed siting complies with applicable standards and criteria.
If the fee charged by the council includes costs incurred by a
state permitting agency or a local government, the council shall
pay or reimburse the state permitting agency or the local
government in the manner provided by ORS 469.360. The council may
require the potential developer, through the applicant, to pay
all or a portion of the fee before initiation of the expedited
project review and may require progress payments as the review
proceeds. The fee required by this section is in lieu of any fee
or fees otherwise required for review of a discretionary local
permit or a discretionary state permit addressed in the project
certificate. The council shall deposit moneys received under this
section in the Economic Recovery Review Council Fund established
under section 5, chapter 564, Oregon Laws 2011.
(11) The Land Use Board of Appeals does not have jurisdiction
to consider decisions, aspects of decisions or actions taken
under this section.
(12) A person who participates in the proceedings before the
council may appeal a final order of the council to the Court of
Appeals. The appeal shall proceed in the manner provided by ORS
197.850, 197.855 and 197.860. However, notwithstanding ORS
197.850 (9) or any other provision of law, the court shall
reverse or remand the decision only if the court finds that:
(a) The council's determination that the proposed siting
qualifies as an economic opportunity project was clearly in
error;
(b) There is a basis to vacate the decision as described in ORS
36.705 (1)(a) to (d) or a basis for modification or correction of
an award as described in ORS 36.710; or
(c) The decision was unconstitutional. + }
SECTION 6. Section 12, chapter 564, Oregon Laws 2011, is
amended to read:
{ + Sec. 12. + } (1) On the date { + of the repeal of
sections 1 to 5, chapter 564, Oregon Laws 2011, + } specified in
section 13 { + , chapter 564, Oregon Laws 2011 + } { - of this
2011 Act - } :
(a) The Economic Recovery Review Council established under
section 3 { + , chapter 564, Oregon Laws 2011, + } { - of this
2011 Act - } is abolished and the tenure of office of the
members of the council, the program manager for the council and
all employees ceases.
(b) The Economic Recovery Review Council Fund established under
section 5 { + , chapter 564, Oregon Laws 2011, + } { - of this
2011 Act - } is abolished. The Economic Recovery Review Council
shall transfer the unexpended balance of moneys in the fund to
the General Fund.
(2) The members of the council shall allocate and deliver to
the respective state agencies whose directors served as members
of the council all records and property within the jurisdiction
of the council, and the state agencies whose directors served on
the council shall take possession of the records and property.
The Governor shall resolve any dispute relating to the allocation
and delivery of records and property under this section and the
Governor's decision is final.
(3) The abolishment of the council does not relieve a person of
a liability, duty or obligation accruing under or with respect to
the duties, functions and powers of the council abolished by this
section. The Oregon Department of Administrative Services may
undertake the collection or enforcement of any such liability,
duty or obligation.
(4) The rights and obligations of the council legally incurred
under contracts, leases and business transactions executed,
entered into or begun before the date { + of the repeal of
sections 1 to 5, chapter 564, Oregon Laws 2011, + } specified in
section 13 { + , chapter 564, Oregon Laws 2011, + } { - of this
2011 Act - } are transferred to the Oregon Department of
Administrative Services. For the purpose of succession to these
rights and obligations, the department is a continuation of the
council and not a new authority.
(5) Notwithstanding the repeal of sections 1 to 5 { + , chapter
564, Oregon Laws 2011, + } { - of this 2011 Act - } by section
13 { + , chapter 564, Oregon Laws 2011 + } { - of this 2011
Act - } , members of the council may take action under this
section that are necessary to wind down the operations of the
council before, on or after the date of the repeal of sections 1
to 5 { + , chapter 564, Oregon Laws 2011 + } { - of this 2011
Act - } .
SECTION 7. Section 13, chapter 564, Oregon Laws 2011, is
amended to read:
{ + Sec. 13. + } Sections 1 to 5 { - of this 2011 Act - }
{ + , chapter 564, Oregon Laws 2011, and section 4 of this 2013
Act + } are repealed on { + the later of the following dates:
(1) The date specified in ORS 197.723 (1) by which the Economic
Recovery Review Council must designate regionally significant
industrial areas; or + }
(2) January 2 of the first even-numbered year after the
Employment Department notifies the Economic Recovery Review
Council and the Office of the Legislative Counsel that the annual
average unemployment rate for the most recent calendar year in
Oregon is less than six percent.
SECTION 8. ORS 195.034 is amended to read:
195.034. (1) If the coordinating body under ORS 195.025 (1) has
adopted, within 10 years before a city initiates an evaluation or
amendment of the city's urban growth boundary, a population
forecast as required by ORS 195.036 that no longer provides a
{ - 20-year - } { + 15-year + } forecast for an urban area, a
city may propose a revised { - 20-year - } { + 15-year
+ }forecast for its urban area by extending the coordinating
body's current urban area forecast to a { - 20-year - }
{ + 15-year + } period using the same growth trend for the urban
area assumed in the coordinating body's current adopted forecast.
(2) If the coordinating body has not adopted a forecast as
required by ORS 195.036 or if the current forecast was adopted
more than 10 years before the city initiates an evaluation or
amendment of the city's urban growth boundary, a city may propose
a { - 20-year - } { + 15-year + } forecast for its urban area
by:
(a) Basing the proposed forecast on the population forecast
prepared by the { - Office of Economic Analysis - } { +
Bureau of Economic Analysis of the United States Department of
Commerce + } for the county for a { - 20-year - }
{ + 15-year + } period that commences when the city initiates
the evaluation or amendment of the city's urban growth boundary;
and
(b) Assuming that the urban area's share for the forecasted
county population determined in paragraph (a) of this subsection
will be the same as the urban area's current share of the county
population based on the most recent certified population
estimates from Portland State University and the most recent data
for the urban area published by the United States Census Bureau.
(3)(a) If the coordinating body does not take action on the
city's proposed forecast for the urban area under subsection (1)
or (2) of this section within six months after the city's written
request for adoption of the forecast, the city may adopt the
extended forecast if:
(A) The city provides notice to the other local governments in
the county; and
(B) The city includes the adopted forecast in the comprehensive
plan, or a document included in the plan by reference, in
compliance with the applicable requirements of ORS 197.610 to
197.651.
(b) If the extended forecast is adopted under paragraph (a) of
this subsection consistent with the requirements of subsection
(1) or (2) of this section:
(A) The forecast is deemed to satisfy the requirements of a
statewide land use planning goal relating to urbanization to
establish a coordinated { - 20-year - } { + 15-year + }
population forecast for the urban area; and
(B) The city may rely on the population forecast as an
appropriate basis upon which the city and county may conduct the
evaluation or amendment of the city's urban growth boundary.
(4) The process for establishing a population forecast provided
in this section is in addition to and not in lieu of a process
established by goal and rule of the Land Conservation and
Development Commission.
SECTION 9. ORS 195.145 is amended to read:
195.145. (1) To ensure that the supply of land available for
urbanization is maintained:
(a) Local governments may cooperatively designate lands outside
urban growth boundaries as urban reserves subject to ORS 197.610
to 197.625 and 197.626.
(b) Alternatively, a metropolitan service district established
under ORS chapter 268 and a county may enter into a written
agreement pursuant to ORS 190.003 to 190.130, 195.025 or 197.652
to 197.658 to designate urban reserves. A process and criteria
developed pursuant to this paragraph are an alternative to a
process or criteria adopted pursuant to paragraph (a) of this
subsection.
(2)(a) The Land Conservation and Development Commission may
require a local government to designate an urban reserve pursuant
to subsection (1)(a) of this section during its periodic review
in accordance with the conditions for periodic review under ORS
197.628.
(b) Notwithstanding paragraph (a) of this subsection, the
commission may require a local government to designate an urban
reserve pursuant to subsection (1)(a) of this section outside of
its periodic review if:
(A) The local government is located inside a primary
metropolitan statistical area or a metropolitan statistical area
as designated by the { - Federal - } { + United States + }
Census Bureau { - upon - } { + on + } November 4, 1993; and
(B) The local government { - has been - } { + was + }
required to designate an urban reserve by rule prior to November
4, 1993.
(3) In carrying out subsections (1) and (2) of this section:
(a) Within an urban reserve, neither the commission nor any
local government { - shall - } { + may + } prohibit the
siting on a legal parcel of a single family dwelling that would
otherwise have been allowed under law existing prior to
designation as an urban reserve.
(b) The commission shall provide to local governments a list of
options, rather than prescribing a single planning technique, to
ensure the efficient transition from rural to urban use in urban
reserves.
(4) Urban reserves designated by a metropolitan service
district and a county pursuant to subsection (1)(b) of this
section must be planned to accommodate population and employment
growth for at least 20 years, and not more than 30 years, after
the { - 20-year - } { + 15-year + } period for which the
district has demonstrated a buildable land supply in the most
recent inventory, { + analysis and + } determination { - and
analysis - } performed under ORS 197.296.
(5) A district and a county shall base the designation of urban
reserves under subsection (1)(b) of this section upon
consideration of factors including, but not limited to, whether
land proposed for designation as urban reserves, alone or in
conjunction with land inside the urban growth boundary:
(a) Can be developed at urban densities in a way that makes
efficient use of existing and future public infrastructure
investments;
(b) Includes sufficient development capacity to support a
healthy urban economy;
(c) Can be served by public schools and other urban-level
public facilities and services efficiently and cost-effectively
by appropriate and financially capable service providers;
(d) Can be designed to be walkable and served by a
well-connected system of streets by appropriate service
providers;
(e) Can be designed to preserve and enhance natural ecological
systems; and
(f) Includes sufficient land suitable for a range of housing
types.
(6) A county may { - take - } { + adopt + } an exception
under ORS 197.732 to a statewide land use planning goal to allow
the establishment of a transportation facility in an area
designated as urban reserve under subsection (1)(b) of this
section.
(7) The commission shall adopt by goal or by rule a process and
criteria for designating urban reserves pursuant to subsection
(1)(b) of this section.
SECTION 10. ORS 197.296 is amended to read:
197.296. (1)(a) The provisions of this section apply to
metropolitan service district regional framework plans and local
government comprehensive plans for lands within the urban growth
boundary of a city that is located outside of a metropolitan
service district and has a population of 25,000 or more.
(b) The Land Conservation and Development Commission may
establish a set of factors under which additional cities are
subject to the provisions of this section. In establishing the
set of factors required under this paragraph, the commission
shall consider the size of the city, the rate of population
growth of the city or the proximity of the city to another city
with a population of 25,000 or more or to a metropolitan service
district.
(2) At periodic review pursuant to ORS 197.628 to 197.651 or at
any other legislative review of the comprehensive plan or
regional plan that concerns the urban growth boundary and
requires the application of a statewide planning goal relating to
buildable lands for residential use, a local government shall
demonstrate that its comprehensive plan or regional plan provides
sufficient buildable lands within the urban growth boundary
established pursuant to statewide planning goals to accommodate
estimated housing needs for { - 20 years. The 20-year period
shall commence - } { + 15 years. The 15-year period commences
+ }on the date initially scheduled for completion of the
periodic or legislative review.
(3) In performing the duties under subsection (2) of this
section, a local government shall:
(a) Inventory the supply of buildable lands within the urban
growth boundary and determine the housing capacity of the
buildable lands; and
(b) Conduct an analysis of housing need by type and density
range, in accordance with ORS 197.303 and statewide planning
goals and rules relating to housing, to determine the number of
units and amount of land needed for each needed housing type for
the next { - 20 - } { + 15 + } years.
(4)(a) For the purpose of the inventory described in subsection
(3)(a) of this section, 'buildable lands' includes:
(A) Vacant lands planned or zoned for residential use;
(B) Partially vacant lands planned or zoned for residential
use;
(C) Lands that may be used for a mix of residential and
employment uses under the existing planning or zoning; and
(D) Lands that may be used for residential infill or
redevelopment.
(b) For the purpose of the inventory and determination of
housing capacity described in subsection (3)(a) of this section,
the local government must demonstrate consideration of:
(A) The extent that residential development is prohibited or
restricted by local regulation and ordinance, state law and rule
or federal statute and regulation;
(B) A written long term contract or easement for radio,
telecommunications or electrical facilities, if the written
contract or easement is provided to the local government; and
(C) The presence of a single family dwelling or other structure
on a lot or parcel.
(c) Except for land that may be used for residential infill or
redevelopment, a local government shall create a map or document
that may be used to verify and identify specific lots or parcels
that have been determined to be buildable lands.
(5)(a) Except as provided in paragraphs (b) and (c) of this
subsection, the determination of housing capacity and need
pursuant to subsection (3) of this section must be based on data
relating to land within the urban growth boundary that has been
collected since the last periodic review or five years, whichever
is greater. The data shall include:
(A) The number, density and average mix of housing types of
urban residential development that have actually occurred;
(B) Trends in density and average mix of housing types of urban
residential development;
(C) Demographic and population trends;
(D) Economic trends and cycles; and
(E) The number, density and average mix of housing types that
have occurred on the buildable lands described in subsection
(4)(a) of this section.
(b) A local government shall make the determination described
in paragraph (a) of this subsection using a shorter time period
than the time period described in paragraph (a) of this
subsection if the local government finds that the shorter time
period will provide more accurate and reliable data related to
housing capacity and need. The shorter time period may not be
less than three years.
(c) A local government shall use data from a wider geographic
area or use a time period for economic cycles and trends longer
than the time period described in paragraph (a) of this
subsection if the analysis of a wider geographic area or the use
of a longer time period will provide more accurate, complete and
reliable data relating to trends affecting housing need than an
analysis performed pursuant to paragraph (a) of this subsection.
The local government must clearly describe the geographic area,
time frame and source of data used in a determination performed
under this paragraph.
(6) If the housing need determined pursuant to subsection
(3)(b) of this section is greater than the housing capacity
determined pursuant to subsection (3)(a) of this section, the
local government shall take one or more of the following actions
to accommodate the additional housing need:
(a) Amend its urban growth boundary to include sufficient
buildable lands to accommodate housing needs for the next
{ - 20 - } { + 15 + } years. As part of this process, the
local government shall consider the effects of measures taken
pursuant to paragraph (b) of this subsection. The amendment shall
include sufficient land reasonably necessary to accommodate the
siting of new public school facilities. The need and inclusion of
lands for new public school facilities shall be a coordinated
process between the affected public school districts and the
local government that has the authority to approve the urban
growth boundary;
(b) Amend its comprehensive plan, regional plan, functional
plan or land use regulations to include new measures that
demonstrably increase the likelihood that residential development
will occur at densities sufficient to accommodate housing needs
for the next { - 20 - } { + 15 + } years without expansion of
the urban growth boundary. A local government or metropolitan
service district that takes this action shall monitor and record
the level of development activity and development density by
housing type following the date of the adoption of the new
measures; or
(c) Adopt a combination of the actions described in paragraphs
(a) and (b) of this subsection.
(7) Using the analysis conducted under subsection (3)(b) of
this section, the local government shall determine the overall
average density and overall mix of housing types at which
residential development of needed housing types must occur in
order to meet housing needs over the next { - 20 - }
{ + 15 + } years. If that density is greater than the actual
density of development determined under subsection (5)(a)(A) of
this section, or if that mix is different from the actual mix of
housing types determined under subsection (5)(a)(A) of this
section, the local government, as part of its periodic review,
shall adopt measures that demonstrably increase the likelihood
that residential development will occur at the housing types and
density and at the mix of housing types required to meet housing
needs over the next { - 20 - } { + 15 + } years.
(8)(a) A local government outside a metropolitan service
district that takes any actions under subsection (6) or (7) of
this section shall demonstrate that the comprehensive plan and
land use regulations comply with goals and rules adopted by the
commission and implement ORS 197.295 to 197.314.
(b) The local government shall determine the density and mix of
housing types anticipated as a result of actions taken under
subsections (6) and (7) of this section and monitor and record
the actual density and mix of housing types achieved. The local
government shall compare actual and anticipated density and mix.
The local government shall submit its comparison to the
commission at the next periodic review or at the next legislative
review of its urban growth boundary, whichever comes first.
(9) In establishing that actions and measures adopted under
subsections (6) or (7) of this section demonstrably increase the
likelihood of higher density residential development, the local
government shall at a minimum ensure that land zoned for needed
housing is in locations appropriate for the housing types
identified under subsection (3) of this section and is zoned at
density ranges that are likely to be achieved by the housing
market using the analysis in subsection (3) of this section.
Actions or measures, or both, may include but are not limited to:
(a) Increases in the permitted density on existing residential
land;
(b) Financial incentives for higher density housing;
(c) Provisions permitting additional density beyond that
generally allowed in the zoning district in exchange for
amenities and features provided by the developer;
(d) Removal or easing of approval standards or procedures;
(e) Minimum density ranges;
(f) Redevelopment and infill strategies;
(g) Authorization of housing types not previously allowed by
the plan or regulations;
(h) Adoption of an average residential density standard; and
(i) Rezoning or redesignation of nonresidential land.
SECTION 11. ORS 197.299 is amended to read:
197.299. (1) A metropolitan service district organized under
ORS chapter 268 shall complete the inventory, determination and
analysis required under ORS 197.296 (3) not later than five years
after completion of the previous inventory, determination and
analysis.
(2)(a) The metropolitan service district shall take such action
as necessary under ORS 197.296 (6)(a) to accommodate one-half of
a { - 20-year - } { + 15-year + } buildable land supply
determined under ORS 197.296 (3) within one year of completing
the analysis.
(b) The metropolitan service district shall take all final
action under ORS 197.296 (6)(a) necessary to accommodate a
{ - 20-year - } { + 15-year + } buildable land supply
determined under ORS 197.296 (3) within two years of completing
the analysis.
(c) The metropolitan service district shall take action under
ORS 197.296 (6)(b), within one year after the analysis required
under ORS 197.296 (3)(b) is completed, to provide sufficient
buildable land within the urban growth boundary to accommodate
the estimated housing needs for { - 20 - } { + 15 + } years
from the time the actions are completed. The metropolitan service
district shall consider and adopt new measures that the governing
body deems appropriate under ORS 197.296 (6)(b).
(3) The Land Conservation and Development Commission may grant
an extension to the time limits of subsection (2) of this section
if the Director of the Department of Land Conservation and
Development determines that the metropolitan service district has
provided good cause for failing to meet the time limits.
(4)(a) The metropolitan service district shall establish a
process to expand the urban growth boundary to accommodate a need
for land for a public school that cannot reasonably be
accommodated within the existing urban growth boundary. The
metropolitan service district shall design the process to:
(A) Accommodate a need that must be accommodated between
periodic analyses of urban growth boundary capacity required by
subsection (1) of this section; and
(B) Provide for a final decision on a proposal to expand the
urban growth boundary within four months after submission of a
complete application by a large school district as defined in ORS
195.110.
(b) At the request of a large school district, the metropolitan
service district shall assist the large school district to
identify school sites required by the school facility planning
process described in ORS 195.110. A need for a public school is a
specific type of identified land need under ORS 197.298 (3).
SECTION 12. ORS 197.304 is amended to read:
197.304. (1) Notwithstanding an intergovernmental agreement
pursuant to ORS 190.003 to 190.130 or acknowledged comprehensive
plan provisions to the contrary, a city within Lane County that
has a population of 50,000 or more within its boundaries shall
meet its obligation under ORS 197.295 to 197.314 separately from
any other city within Lane County. The city shall, separately
from any other city:
(a) Establish an urban growth boundary, consistent with the
jurisdictional area of responsibility specified in the
acknowledged comprehensive plan; and
(b) Demonstrate, as required by ORS 197.296, that its
comprehensive plan provides sufficient buildable lands within an
urban growth boundary established pursuant to statewide planning
goals to accommodate estimated housing needs for { - 20 - }
{ + 15 + } years.
(2) Except as provided in subsection (1) of this section, this
section does not alter or affect an intergovernmental agreement
pursuant to ORS 190.003 to 190.130 or acknowledged comprehensive
plan provisions adopted by Lane County or local governments in
Lane County.
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