Current through Register Vol. 63, No. 9, September 1, 2024
(1) For the purposes of this rule, the
following definitions apply in addition to those in OAR 660-024-0010:
(a) "Approved airport master plan" means a
comprehensive study of an airport describing the short-, medium-, and long-term
development plans to meet future aviation demand with any necessary approval
from the Federal Aviation Administration and adoption as a component of the
comprehensive plan.
(b) "Master
plan for economic development" means a written plan or plansdeveloped by a city
for a proposed pilot program site that explains how development of the proposed
pilot program site will advance the city's economic development goals contained
in the comprehensive plan; how the city expects urbanization of the proposed
pilot program site to promote economic development, industry growth, and job
creation that would not otherwise occur at other locations in the urban area;
and how the site will be served with public facilities and services.
(c) "Pilot program site" means the land
included in the nomination for the pilot program under section (3) and selected
for the program under section (4).
(d) "Public facilities and services" means
water, sanitary sewer, storm water management, transportation facilities, and
emergency services.
(e) "Traded
sector" has the meaning provided in ORS
285B.280.
(2) As provided in ORS
197A.405(5),
the commission will select one city to implement a pilot program to promote
economic development and industry growth and job creation at an airport. The
commission will select a pilot program city according to the process in section
(4). The pilot program will be implemented according to the requirements of
sections (5) to (8).
(3) A city may
nominate a site adjacent to its UGB for participation in the pilot program. A
nomination must:
(a) Include a concept plan
that contains:
(A) A master plan for economic
development of the proposed site. A master plan for economic development will
be approved by the city's elected body after at least one public
hearing;
(B) A list of goals for
the master plan for economic development of the proposed pilot program
site;
(C) Current comprehensive
plan map designation and a description of proposed changes needed to implement
the master plan for economic development;
(D) Any proposed changes to comprehensive
plan text needed to implement the master plan for economic development for at
least 20 years; and
(E) Current
zoning regulations, a description of proposed changes needed to implement the
master plan for economic development, and an explanation of how the proposed
changes will only allow uses that are compatible with aviation uses at the
adjacent airport.
(b)
Include a map or maps showing that the site is adjacent to the existing UGB and
adjacent to an airport;
(c) Include
the approved airport master plan for the airport to which the nominated site is
adjacent;
(d) Include public
facilities plans showing that the nominated site is near public facilities and
services;
(e) Report the number of
jobs that were existing at all of the businesses located on the proposed pilot
program site on the effective date of ORS
197A.405;
(f) Include evidence that the governing body
of the county containing the nominated site consents to the nomination;
and
(g) Be submitted to the
department by a date selected by the director.
(4) The commission shall select a pilot
program site from among those nominated. The selected site must satisfy the
criteria in subsection (a). The commission will select the site that, in its
judgment, best satisfies the criteria in subsection (b). The requirements of
subsection (c) apply to the selection process.
(a) The site is:
(A) Not less than 78 miles from the urban
growth boundary of any city with a population of 300,000 or more;
(B) Located in a county with at least seven
percent unemployment over the preceding five-year period. The unemployment rate
shall be calculated using data from the Oregon Employment Department. For the
purposes of this rule, "over the preceding five-year period" means the average
annual, seasonally adjusted unemployment rate for the five years preceding the
date in subsection (3)(g);
(C)
Adjacent to the city's existing UGB;
(D) Adjacent to an airport with an approved
airport master plan;
(E) Near
public facilities and services, including streets;
(F) Planned and zoned for commercial or
industrial uses that are compatible with aviation uses; and
(G) Not high-value farmland as the term
defined in ORS
195.300(10).
(b) The pilot program site:
(A) Will, once included in the UGB, provide
economic development opportunities not present in other parts of the urban
area; and
(B) Can be served with
public facilities and services at a level adequate for planned industrial and
commercial uses.
(c) The
commission shall select one pilot program site for implementation. In selecting
the pilot program site, the commission may only consider applications that the
department determines are complete pursuant to subsections (3)(a) to (f). The
commission shall issue a final order selecting the city for the expedited UGB
amendment.
(5)
Notwithstanding OAR 660-024-0040, the city selected under subsection (4)(c) for
the pilot program may expand the UGB for the city to include the pilot program
site without demonstrating a need for land during the planning
period.
(6) Notwithstanding OAR
660-024-0050, the city selected under subsection (4)(c) for the pilot program
may expand the UGB for the city to include the pilot program site without
completing an inventory of land inside the UGB to determine development
capacity and without determining whether the UGB has a deficiency of industrial
land to accommodate 20-year needs.
(7) Notwithstanding OAR 660-024-0065 and
660-024-0067, the city selected in subsection (4)(c) for the pilot program may
expand the UGB for the city to include the pilot program site without
establishing or evaluating a study area. Only the pilot program site may be
included in a UGB amendment completed under the provisions of this
rule.
(8) The following
requirements apply to the city and county expanding its UGB for the pilot
program site:
(a) Concurrently with adoption
of a UGB amendment, the city or county must assign appropriate urban
comprehensive plan and zoning designations to land added to the UGB consistent
with the master plan for economic development. The pilot program site must
remain planned and zoned for industrial uses, and commercial uses that support
industrial or aviation use, that are compatible with aviation uses for a period
of 20 years after the site is included in the UGB;
(b) The pilot program site must be protected
from conversion to other uses before, during, and after implementation of the
master plan for economic development;
(c) Industrial and commercial developments on
the pilot program site must continue to be used to implement the master plan
for economic development for a period of at least 50 years after the selection
of the pilot program site through:
(A) Zoning
restrictions; or
(B) Other
regulations, provisions or conditions determined by the city.
(9) A pilot program
site included in a UGB must be treated as employment land for the purposes of a
subsequent land need analysis under OAR chapter 660, division 24 or
38.
(10) The city that expands its
UGB pursuant to this rule must provide, to the extent practicable, the
following information to the department by September 30, 2021:
(a) The number of new businesses established
within the boundaries of the pilot program site and the number of businesses
that relocated to the pilot program site from another location in the urban
area;
(b) The number of jobs
created at the pilot program site. Include:
(A) The total number of jobs at businesses
located on the pilot program site at the time of the report;
(B) The number of jobs reported in paragraph
(A) that were existing at a business located on the pilot program site before
the site was included in the UGB;
(C) The number of jobs reported in paragraph
(A) that were created by an existing business located on the pilot program site
after the site was included in the UGB;
(D) The number of jobs reported in paragraph
(A) that were created by a business or businesses that had no employees in the
urban area containing the pilot program site before the business located on the
pilot program site;
(E) The number
of jobs reported in paragraph (A) that were created by a business or businesses
that relocated jobs on the pilot program site from another location within the
urban area containing the pilot program site; and
(F) The number of jobs reported in paragraphs
(C) and (D) at businesses engaged in a traded sector.
(c) The wages of the new jobs described in
paragraphs (b)(C) and (D) created at the pilot program site. The wage data may
be provided in categories or other generalized fashion;
(d) The most recently available unemployment
rate from the Oregon Department of Employment for the county containing the
pilot program site and an analysis of the effect of the employment and
unemployment in the city by business development at the pilot program
site;
(e) The number of residential
properties listed for sale on the Residential Multiple Listing Service with an
address from the city containing the pilot program site on a date one month
after the commission selects the city and on June 30, 2021;
(f) The average sale price of residential
properties with an address from the city containing the pilot program site for
the period beginning one month after the commission selects the city and ending
June 30, 2021;
(g) The average
per-acre price of land zoned industrial listed for sale with an address from
the city containing the pilot program site on a date one month after the
commission selects the city and on June 30, 2021;
(h) The dollars of private investment in the
pilot program site after the pilot program site is included in the UGB, as
determined from standard building permit records;
(i) An analysis of the economic growth of the
city and county since the implementation of the pilot program.
Statutory/Other Authority: ORS
197.040 & ORS
197A.405
Statutes/Other Implemented: ORS
197A.405-197A.413
