OAR 660-038-0150
Determine if UGB Expansion is Necessary to Accommodate Employment Needs
(1)
To determine whether to expand the UGB, a city using the method in this division must compare the amount of land needed for new commercial and industrial development determined under OAR 660-038-0140 (Translate Job Forecast to Employment Land Need) with the amount of vacant or partially vacant buildable employment land designated for commercial and industrial development as determined in the employment BLI as per OAR 660-038-0130 (Adjust Employment Buildable Land Inventory to Account for Constrained Lands).(2)
If the amount of buildable commercial land in the UGB is greater than the amount of land needed for new commercial development, and the amount of buildable industrial land is greater than the amount of land needed for new industrial development, then no UGB expansion for employment land need is allowed.(3)
If the amount of buildable employment land in the UGB is less than the amount of land needed for either commercial or industrial development, then the UGB may be expanded to provide the amount of land needed, provided that:(a)
If the amount of buildable industrial land is less than the amount of land needed for industrial development, but is greater than the amount of land needed for commercial development, then the city must determine whether the industrial land need can be reasonably accommodated by redesignating the surplus of buildable commercial land within the UGB, except as provided in section (4) of this rule.(b)
If the amount of buildable commercial land is less than the amount of land needed for commercial development, but is greater than the amount of land needed for new industrial development, then the city must determine if the commercial land need can be reasonably accommodated by redesignating the surplus of industrial land within the UGB, except as provided in section (4) of this rule.(c)
A city must also determine whether surplus residential land as determined in OAR 660-038-0080 (Compare Residential Land Need to Land Supply), or publicly-owned land not designated for employment or residential use that has been declared surplus by the public entity, can reasonably accommodate all or part of an employment land deficit, except as provided in OAR 660-038-0080 (Compare Residential Land Need to Land Supply)(5).(4)
The following existing commercial or industrial lands may not be re-designated for another use under this division, including in response to section (3):(a)
Land within industrial sanctuaries identified on the acknowledged comprehensive plan, including lands added to UGB as Regional Large Lot Industrial Land under to OAR 660-024-0045 (Regional Large Lot Industrial Land).(b)
Land owned by a port district or other public entity for the purpose of economic development.(c)
Land within:(A)
An urban renewal district;(B)
An enterprise zone, rural enterprise zone, or urban enterprise zone, as defined in ORS 285C.050 (Definitions for ORS 285C.050 to 285C.250); or(C)
A strategic investment zone, as defined in ORS 285C.623 (Strategic investment zones).(d)
Sites served by state or regional infrastructure investments, such as the Strategic Reserve Fund (ORS chapter 285B), Connect Oregon, Immediate Opportunity Fund, or grant or loan programs administered by the Infrastructure Finance Authority.(e)
Sites that include working port access or Class A rail access (e.g., access to existing sidings or loops).(f)
Sites that have been certified as a shovel ready site by the Oregon Business Development Department (OBDD), or has received designation as a Regionally Significant Industrial Area by the Economic Recovery Review Council.(g)
Land that was previously designated as industrial under rules under this division and may not be redesignated as provided in OAR 660-038-0180 (Planning Requirements for Land added to a UGB)(6).(h)
Land that is designated for a particular land need under OAR 660-024-0065 (Establishment of Study Area to Evaluate Land for Inclusion in the UGB)(10).
Source:
Rule 660-038-0150 — Determine if UGB Expansion is Necessary to Accommodate Employment Needs, https://secure.sos.state.or.us/oard/view.action?ruleNumber=660-038-0150.