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
 
                           B-Engrossed
 
                         House Bill 2981
                   Ordered by the House May 22
      Including House Amendments dated April 24 and May 22
 
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.
 
    { - 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. - }  { +
Requires Land Conservation and Development Commission to amend
rules governing minimum lot or parcel size and planning for land
that qualifies as urban fringe area to consider specified
matters. + }
 
                        A BILL FOR AN ACT
Relating to minimum lot size; creating new provisions; and
  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. - }
  (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.
  SECTION 2.  { + (1) As used in this section, 'urban fringe area
' means a rural residential area that lies within one mile of the
urban growth boundary of a city or a metropolitan service
district.
  (2) The Land Conservation and Development Commission must amend
rules governing minimum lot or parcel size requirements and
planning requirements for land that qualifies as an urban fringe
area to consider:
  (a) The effects that a change in development, caused by a
proposed minimum lot or parcel size requirement, will have on the
urban growth boundaries of nearby cities;
  (b) The need for expansion of the urban growth boundary based
on population growth projections within the urban growth
boundary;
  (c) The likelihood that the proposed urban fringe area will be
necessary to satisfy the need for expansion of the urban growth
boundary;
  (d) The extent to which a proposed minimum lot or parcel size
requirement is necessary to facilitate future urbanization of the
proposed urban fringe area;
  (e) Topographic or other geographic limitations that render
land unsuitable for future urbanization of the proposed urban
fringe area; and
  (f) The impact on the owners of private property within the
proposed urban fringe area. + }
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