Current through Register Vol. 63, No. 9, September 1, 2024
(1) The director shall set deadlines for
qualifying cities to submit:
(a) A
preliminary application for a pilot project site; and
(b) A final application for a pilot project
site.
(2) The director
may revise either deadline under section (1) as the director determines is
appropriate to accomplish the purpose of the pilot program.
(3) To participate in the pilot program, a
qualifying city must submit a preliminary application for a pilot project site
to the department. A preliminary application must include:
(a) A map of the pilot project site;
(b) The total acreage of the pilot
project site;
(c) The existing land
use designation and zoning of the pilot project site, and surrounding land
within a minimum one-half mile radius;
(d) Demonstration that the pilot project site
does not include high-value farmland;
(e) The number and type of affordable housing
units, and, if the pilot project is a mixed income project, the number and type
of market rate housing units, to be developed on the pilot project site;
(f) The identity of entities that
may partner with the qualifying city in development of the pilot project site;
and
(g) A brief statement of how
the pilot project site will be provided with public facilities and services.
(4) The department will
review a preliminary application submitted under section (3) to determine
whether the preliminary application is complete. If the preliminary application
is not complete, the department shall notify the applicant in writing of what
information is missing within 30 days of receipt of the application and allow
the applicant to submit the missing information. The department will contact
each pre-applicant to discuss the proposed pilot project.
(5) An applicant may revise information
included in a preliminary application as part of a final application submitted
pursuant to section (6).
(6) In
order to be selected as a pilot project, a qualifying city that submitted a
complete preliminary application must submit a final application to the
department that includes:
(a) A map of the
pilot project site;
(b) The total
acreage of the pilot project site;
(c) The existing land use designation and
zoning of the pilot project site, and surrounding land within a minimum
one-half mile radius, including demonstration that the pilot project site does
not include high-value farmland;
(d) A concept plan narrative and map showing
generalized land uses and public facilities that includes:
(A) The number and type of affordable housing
units;
(B) If the project is a
mixed income project, the number and type of market rate housing units;
(C) The development phasing of
affordable housing and any market rate housing included on the pilot project
site, including a phasing timeline for the entire project;
(D) The applicable maximum income limits of
households eligible to rent or purchase affordable housing within the pilot
project site, expressed as a percentage of the area median income, adjusted for
family size;
(E) The prices at
which affordable housing units within the pilot project site will be rented or
sold to eligible tenants or homebuyers;
(F) Draft language of the amendments to the
qualifying city's comprehensive plan and land use regulations that would be
required to implement the final application;
(G) Information about how the pilot project
site will be provided with public facilities and services, including:
(i) The proposed network of streets and other
transportation facilities designed to connect with existing street facilities
and serve all modes of personal transportation, including mass transit; and
(ii) The location of parks and
recreational facilities;
(H) Proposed buffering from adjacent and
nearby farm and forest uses on farm and forest lands;
(I) Location of any natural resources on the
pilot project site requiring analysis and protection under Statewide Planning
Goal 5, or mitigation of hazards under Statewide Planning Goal 7; and
(J) If the pilot project is a
mixed income project, a description of how the mixed income portion supports
the development of affordable housing;
(e) A resolution adopted by the governing
body of the qualifying city stating if the pilot project is selected, the
qualifying city will:
(A) Implement the
concept plan; and
(B) Annex the
pilot project site within two years of an acknowledged urban growth boundary
amendment to include the site;
(f) A resolution of support for the pilot
project adopted by the governing body of the county in which the pilot project
site is located;
(g) A resolution
of support for the pilot project adopted by the governing body of any special
district providing urban services to the pilot project site for sanitary sewer,
domestic water, fire protection, parks, recreation, streets and roads, or mass
transit;
(h) A signed and notarized
statement from all owners of the pilot project site consenting to all aspects
of the final application and agreeing to designation of the site as a pilot
project;
(i) Citations for any code
or ordinance provisions the qualifying city has adopted that implement housing
measures described in OAR 660-039-0060, or any additional housing measures the
qualifying city has adopted that accommodate and encourage the development of
affordable or needed housing within its existing urban growth
boundary;
(j) Data on how the pilot
project will serve identified populations in need of affordable housing,
including:
(A) Household cost burden in the
region, as determined using information from the United States Department of
Housing and Urban Development;
(B)
Conversion of manufactured home parks in the region;
(C) Availability of government assisted
housing in the region; and
(D)
Other data the qualifying city determines to be relevant.
(k) An explanation of why the development of
a project similar to the proposed pilot project is unlikely to be developed
within the existing urban growth boundary. The explanation may include, but is
not limited to: land costs, redevelopment or remediation costs, site
availability, or physical constraints;
(l) The identity and prior experience with
the development of affordable or market-rate housing, of any other entity,
public or private, that will be developing the pilot project site.
(m) An explanation of how the qualifying city
will ensure affordable housing developed on the pilot project site will
continue to be used as provided in the concept plan for a minimum of 50 years
after selection of the pilot project site through one or more of the following:
(A) Zoning restrictions;
(B) Guaranteed rental rates or sales prices;
(C) Incentives, contract
commitments, density bonuses or other voluntary regulations, provisions or
conditions designed to increase the supply of moderate or lower cost housing
units;
(D) Restrictive agreements
entered into with sources of affordable housing funding; or
(E) Other regulations, provisions or
conditions determined by the local government to be effective in maintaining
the affordability of housing on the pilot project site.
(7) The department will review a
final application submitted under section (6) to determine whether the final
application is complete. If the final application is not complete, the
department shall notify the applicant in writing of what information is missing
within 30 days of receipt of the application and allow the applicant to submit
the missing information.
(8) A
final complete application must demonstrate the following to be considered for
selection as a pilot project by the commission:
(a) The pilot project site is adjacent to the
existing urban growth boundary of the applicant qualifying city;
(b) No tract within the pilot project site is
high-value farmland;
(c) The total
acreage of the pilot project site does not exceed 50 acres;
(d) The proposed gross residential density on
the pilot project site is:
(A) At least seven
housing units per acre for areas of the pilot project site proposed for
affordable housing; and
(B) At
least seven housing units per acre for areas of the pilot project site proposed
for market rate housing;
(e) The pilot project site can be provided
with public facilities and services as provided in OAR 660-039-0040(1) to (3);
(f) The pilot project avoids or
minimizes adverse effects on natural resources and nearby farm and forest uses
as provided in OAR 660-039-0050(1), (2), and (4);
(g) The qualifying city has adopted the
required number of housing measures into its development code as provided in
OAR 660-039-0060;
(h) The pilot
project satisfies the housing requirements as provided in OAR 660-039-0070(1)
to (6);
(i) The project will serve
identified populations in need of affordable housing;
(j) The qualifying city has explained why the
development of a project similar to the proposed pilot project is unlikely to
be developed within the existing urban growth boundary; and
(k) The qualifying city has demonstrated that
the entity developing the pilot project will be able to complete the
development.
Stat. Auth.: ORS
197.040, OL 2016, Ch. 52
Stats. Implemented: OL 2016, Ch.
52
