70th OREGON LEGISLATIVE ASSEMBLY--1999 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 1215
A-Engrossed
Senate Bill 87
Ordered by the Senate April 5
Including Senate Amendments dated April 5
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Natural
Resources Committee for the Commercial Real Estate Economic
Coalition, Associated General Contractors, Building Owners and
Managers Association, West Side Economic Alliance, The
Commercial Association of Realtors of Portland-Vancouver,
International Shopping Centers, Government Relations Committee
of Oregon)
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.
Requires certain local governments to { - estimate buildable
land need within urban growth boundary over next 20 years.
Requires local government to take specific action to achieve
estimated buildable land supply. Specifies type of development to
be considered to generate estimate - } { + make
employment-related development determinations and to ensure that
sufficient land is zoned for employment-related development of
next 20 years + }.
A BILL FOR AN ACT
Relating to buildable land supply within urban growth boundary.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 and 3 of this 1999 Act are added to
and made a part of ORS 197.295 to 197.314. + }
SECTION 2. { + (1) As used in this section,
'employment-related development' includes but is not limited to
commercial, retail and industrial development.
'Employment-related development ' does not include residential
development.
(2) The provisions of this section apply to local government
comprehensive plans for lands:
(a) Within any urban growth boundary for a city with a
population of 25,000 or more; or
(b) Within a metropolitan service district created under ORS
chapter 268.
(3) At periodic review or any other legislative review of the
urban growth boundary, comprehensive plans or functional plans
shall provide sufficient land within urban growth boundaries
established pursuant to statewide planning goals to accommodate
estimated employment-related development needs for 20 years.
(4) As part of its next periodic review pursuant to ORS 197.628
to 197.650, or any other legislative review of the urban growth
boundary, a local government shall:
(a) Inventory the supply of lands available for
employment-related development within the urban growth boundary;
(b) Determine the actual density and the actual average mix of
types of employment-related development that have occurred within
the urban growth boundary since the last periodic review;
(c) Using reasonably available and consistent historical data
or the best available statistical estimation methods, determine
the densities and mix of employment-related development that have
occurred since the last periodic review and project land
consumption and absorption trends within the urban growth
boundary; and
(d) Conduct an analysis of development need by type and density
range, in accordance with statewide planning goals and rules
relating to economic development, to determine the amount of land
needed for each needed type of employment-related development for
the next 20 years.
(5) If the determination required by subsection (4) of this
section indicates that the urban growth boundary does not contain
sufficient available lands to accommodate employment-related
development needs for 20 years at the actual developed density
that has occurred since the last periodic review, the local
government shall take one of the following actions:
(a) Amend its urban growth boundary to include sufficient land
to accommodate employment-related development needs for 20 years
at the actual developed density during the period since the last
periodic review or within the last five years, whichever period
is greater. As part of this process, 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, functional plan or land use
regulations to include new measures that demonstrably increase
the likelihood that employment-related development will occur at
densities sufficient to accommodate development needs for 20
years without expansion of the urban growth boundary. A local
government that takes this action shall monitor and record the
level of development activity and development density by
development 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.
(6) Using the analysis conducted under subsection (4)(c) of
this section, the local government shall determine the overall
average density and overall mix of types of development at which
employment-related development must occur in order to meet
employment-related development needs over the next 20 years. If
that density is greater than the actual density of development
determined under subsection (4)(b) of this section, or if that
mix is different from the actual mix of development types
determined under subsection (4)(b) of this section, the local
government, as part of its periodic review, shall adopt measures
that demonstrably increase the likelihood that employment-related
development will occur at the types and density and at the mix of
development types required to meet employment-related development
needs over the next 20 years.
(7) A local government that takes any actions under subsection
(5) or (6) of this section shall demonstrate that the
comprehensive plan and land use regulations comply with goals and
rules adopted by the Land Conservation and Development Commission
and implement ORS 197.295 to 197.314.
(8) In establishing that actions and measures adopted under
subsections (5) and (6) of this section demonstrably increase the
likelihood of higher density employment-related development, the
local government shall at a minimum ensure that land zoned for
employment-related development is in locations appropriate for
the development types identified under subsection (4) of this
section and is zoned at density ranges that are likely to be
achieved by the local market, using the analysis in subsection
(4) of this section. Actions or measures, or both, may include
but are not limited to:
(a) Increases in the permitted density on existing land;
(b) Financial incentives for higher density development;
(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 development types not previously allowed
by the plan or regulations; and
(h) Adoption of an average commercial, retail or industrial
density standard.
(9) Notwithstanding the periodic review requirement of
subsection (4) of this section, a metropolitan service district
shall conduct the analysis required under subsection (4) of this
section at least every five years. + }
SECTION 3. { + Failure of a local government to demonstrate
the 20-year land supply required under section 2 of this 1999 Act
may be the basis for an enforcement action under ORS 197.319 to
197.335. + }
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