Current through Register Vol. 63, No. 9, September 1, 2024
(1) Local governments in Crook, Deschutes or
Jefferson Counties may determine a need for large lot industrial land in the
region and provide sites to meet that need in accordance with this
rule.
(2) In addition to the
definitions in OAR 660-024-0010, the following definitions apply to this rule:
(a) "Analysis" means the document that
determines the regional large lot industrial land need within Crook, Deschutes,
or Jefferson County that is not met by the participating local governments'
comprehensive plans at the time the analysis is adopted. The analysis shall
also identify necessary site characteristics of needed land.
(b) "COIC" means the Central Oregon
Intergovernmental Council.
(c)
"Intergovernmental Agreement (IGA)" means the document adopted by the three
counties and any participating city to implement the provisions of the
analysis.
(d) "Participating city"
means a city within Crook, Deschutes, or Jefferson County that has adopted the
analysis and entered into the intergovernmental agreement to implement the
provisions of the analysis.
(e)
"Participating local government" means Crook, Deschutes, and Jefferson
Counties, and participating cities.
(f) "Regional large lot industrial land need"
means the need for a specific type of 20-year employment land need, as
described in OAR 660-024-0040(1) and (5), that is determined based upon the
analysis.
(g) "Site" means land in
the region that:
(A) Provides the site
characteristics necessary for traded sector uses as set forth in the
analysis;
(B) Is 50 acres or larger
as provided in section (3) of this rule; and
(C) Is determined to be "available," as that
term is defined in OAR 660-009-0025(7), for regional large-lot industrial users
and for purposes identified by the analysis.
(h) "Site characteristics" has the meaning
given that term in OAR 660-009-0005(1).
(i) "Traded Sector use" has the meaning given
that term in ORS 285B.280.
(3) For purposes of subsection (2)(g) of this
rule, a large lot is at least 50 acres if it is:
(a) A single lot, parcel that is at least 50
acres,
(b) An aggregation of
existing lots or parcels under the same ownership that comprises at least 50
acres, or
(c) An aggregation of
existing lots or parcels not in the same ownership created and maintained as a
unit of land comprising at least 50 acres through a binding agreement among the
owners.
(4)
Participating local governments may adopt the analysis and implement its
provisions. The analysis may demonstrate a need for six vacant, suitable and
available sites in the region, and up to three additional sites that may be
designated in order to replace one of the original six sites that is developed
or committed to development as provided in section (12) of this rule. The
original six sites must include two sites of at least 100 acres and not more
than 200 acres, and one site more than 200 acres.
(5) If a participating city adopts the
analysis, it is deemed to provide an adequate factual basis for the
determination of regional large lot industrial land need for that city
provided:
(a) The city and other participating
local governments have entered into an intergovernmental agreement with the
COIC, and
(b) The analysis is
adopted by Crook, Deschutes and Jefferson Counties.
(6) Participating cities may adopt the
analysis and enter into the intergovernmental agreement without amending the
Economic Opportunities Analysis adopted by the city prior to the adoption of
the analysis.
(7) The
intergovernmental agreement shall describe the process by which the COIC shall
coordinate with participating local governments in:
(a) The determination of a qualifying site
that a participating city may designate in order to satisfy the regional large
lot industrial land need; and
(b)
The allocation of the qualifying sites among the participating cities in
accordance with section (4) of this rule.
(8) A participating city may amend its
comprehensive plan and land use regulations, including urban growth boundaries
(UGB), in order to designate a site in accordance with the requirements of this
rule, other applicable laws and the intergovernmental agreement, as follows:
(a) A participating city must show whether a
suitable and available site is located within its existing UGB. If a
participating city determines that a suitable site already exists within the
city's urban growth boundary, that site must be designated to meet the regional
industrial land need. Cities shall not be required to evaluate lands within
their UGB designated to meet local industrial land needs.
(b) If a site is not designated per
subsection(a), then a participating city may evaluate land outside the UGB to
determine if any suitable sites exist. If candidate sites are found, the city
may amend its UGB in accordance with Goal 14, other applicable laws and the
intergovernmental agreement.
(9) A participating city that designates a
site shall apply a regional large-lot industrial zone or overlay zone to the
site in order to protect and maintain the site for regional large lot purposes.
The zone or overlay zone must:
(a) Include
development agreements and other provisions that prevent redesignation of the
site for other uses for at least 10 years from the time the site is added to
the city's comprehensive plan to meet regional large lot industrial land
needs;
(b) Prohibit division or
separation of lots or parcels within the site to new lots or parcels less than
the minimum size of the site need until the site is developed with a primary
traded sector use requiring a large lot; and
(c) Limit allowed uses on the site to the
traded sector uses, except as provided in section (10) of this rule.
(10) The zone or overlay zone
established under section (9) may allow:
(a)
Subordinate industrial uses that rely upon and support the primary traded
sector use when a site is occupied by a primary traded sector use; and
(b) Non-industrial uses serving
primarily the needs of employees of industrial uses developed on the site
provided the zone includes measures that limit the type, size and location of
new buildings so as to ensure such non-industrial uses are intended primarily
for the needs of such employees;
(11) If a participating city adds a site to
its plan pursuant to this rule, it must consider the site in any subsequent
urban growth boundary evaluation conducted to determine local industrial land
needs and the adequacy of land available to meet local industrial land
needs.
(12) A site may be
considered developed or committed to industrial development if a large-lot
traded sector user demonstrates a commitment to develop the site by obtaining
land use approvals such as site plan review or conditional use permits, and
(a) Obtaining building permits; or
(b) Providing other evidence that
demonstrates at least an equivalent commitment to industrial development of the
site as is demonstrated by a building permit.
(13) The participating local governments
shall review the analysis after the regional supply of six sites has either
been replenished by three additional sites or after ten years, whichever comes
first.
Stat. Auth.: ORS
197.040, Statewide Planning Goal
14
Stats. Implemented: ORS
195.036,
197.015,
197.295 -
197.314,
197.610 -
197.650,
197.764
