71st OREGON LEGISLATIVE ASSEMBLY--2001 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 1687
 
                           A-Engrossed
 
                         House Bill 2981
                  Ordered by the House April 24
            Including House Amendments dated April 24
 
Sponsored by Representative MORGAN (at the request of Oregon
  Building Industry Association)
 
 
                             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.
 
    { - Prohibits Land Conservation and Development Commission
and local governments from prescribing minimum lot size in urban
reserve areas unless justified after analysis. Prescribes
analysis considerations. - }
   { +  Specifies matters to be considered by Land Conservation
and Development Commission or local government in deciding
whether to prescribe minimum lot size larger than that required
on September 28, 2000. Applies to land outside of but adjacent to
urban growth boundary that is not urban reserve area. + }
 
                        A BILL FOR AN ACT
Relating to minimum lot size; amending ORS 195.145.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 195.145 is amended to read:
  195.145. (1) To ensure that the supply of land available for
urbanization is maintained, local governments may cooperatively
designate lands outside urban growth boundaries as urban reserve
areas, subject to ORS 197.610 to 197.625.
  (2)(a) The Land Conservation and Development Commission may
require a local government to designate an urban reserve area
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 area 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 Census Bureau upon November 4, 1993;
and
  (B) The local government has been required to designate an
urban reserve area by rule prior to November 4, 1993.
  (3) In carrying out subsections (1) and (2) of this section:
  (a) Within an urban reserve area, neither the commission nor
any local government shall 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 area.
    { - (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 reserve areas. - }
   { +  (b) For land outside of, but adjacent to, an urban growth
boundary that is not an urban reserve area, the commission or a
local government may prescribe a minimum lot size requirement
larger than that required as of September 28, 2000, which is the
date of amendments to the statewide planning goal relating to
urbanization, only if the commission or local government finds
that the impacted land is reasonably necessary to support
extension of the urban growth boundary before the next periodic
review of the local government and a minimum lot size requirement
will positively affect the future urbanization of the impacted
land. In making its findings, the commission or local government
must consider:
  (A) The number of existing residential lots or parcels and the
number of residential lots or parcels to be created within the
impacted land based on the proposed minimum lot size;
  (B) The possible effects on the urban growth boundaries of
nearby cities by changes in development under the proposed
minimum lot size;
  (C) The need for extension of the urban growth boundary based
on population growth projections within the urban growth
boundary;
  (D) The likelihood that the impacted land will be necessary to
satisfy the need for extension of the urban growth boundary; and
  (E) The extent that a minimum lot size requirement is necessary
to facilitate future urbanization of the impacted land. + }
  (4) For purposes of this section, 'urban reserve area ' means
lands outside an urban growth boundary that will provide for:
  (a) Future expansion over a long-term period; and
  (b) The cost-effective provision of public facilities and
service within the area when the lands are included within the
urban growth boundary.
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