Urban reserves; when required; limitation; rules
(1)To ensure that the supply of land available for urbanization is maintained:
(a)Local governments may cooperatively designate lands outside urban growth boundaries as urban reserves subject to ORS 197.610 (Submission of proposed comprehensive plan or land use regulation changes to Department of Land Conservation and Development) to 197.625 (Acknowledgment of comprehensive plan or land use regulation changes) and 197.626 (Submission of land use decisions that expand urban growth boundary or designate urban or rural reserves).
(b)Alternatively, a metropolitan service district established under ORS chapter 268 and a county may enter into a written agreement pursuant to ORS 190.003 (Definition for ORS 190.003 to 190.130) to 190.130 (Effect of ORS 190.125), 195.025 (Regional coordination of planning activities) or 197.652 (Regional problem-solving process) to 197.658 (Modifying local work plan) to designate urban reserves. A process and criteria developed pursuant to this paragraph are an alternative to a process or criteria adopted pursuant to paragraph (a) of this subsection.
(2)(a) The Land Conservation and Development Commission may require a local government to designate an urban reserve pursuant to subsection (1)(a) of this section during its periodic review in accordance with the conditions for periodic review under ORS 197.628 (Periodic review).
(b)Notwithstanding paragraph (a) of this subsection, the commission may require a local government to designate an urban reserve pursuant to subsection (1)(a) of this section outside of its periodic review if:
(A)The local government is located inside a Primary Metropolitan Statistical Area or a Metropolitan Statistical Area as designated by the Federal Census Bureau upon November 4, 1993; and
(B)The local government has been required to designate an urban reserve by rule prior to November 4, 1993.
(3)In carrying out subsections (1) and (2) of this section:
(a)Within an urban reserve, neither the commission nor any local government shall prohibit the siting on a legal parcel of a single family dwelling that would otherwise have been allowed under law existing prior to designation as an urban reserve.
(b)The commission shall provide to local governments a list of options, rather than prescribing a single planning technique, to ensure the efficient transition from rural to urban use in urban reserves.
(4)Urban reserves designated by a metropolitan service district and a county pursuant to subsection (1)(b) of this section must be planned to accommodate population and employment growth for at least 20 years, and not more than 30 years, after the 20-year period for which the district has demonstrated a buildable land supply in the most recent inventory, determination and analysis performed under ORS 197.296 (Factors to establish sufficiency of buildable lands within urban growth boundary).
(5)A district and a county shall base the designation of urban reserves under subsection (1)(b) of this section upon consideration of factors including, but not limited to, whether land proposed for designation as urban reserves, alone or in conjunction with land inside the urban growth boundary:
(a)Can be developed at urban densities in a way that makes efficient use of existing and future public infrastructure investments;
(b)Includes sufficient development capacity to support a healthy urban economy;
(c)Can be served by public schools and other urban-level public facilities and services efficiently and cost-effectively by appropriate and financially capable service providers;
(d)Can be designed to be walkable and served by a well-connected system of streets by appropriate service providers;
(e)Can be designed to preserve and enhance natural ecological systems; and
(f)Includes sufficient land suitable for a range of housing types.
(6)A county may take an exception under ORS 197.732 (Goal exceptions) to a statewide land use planning goal to allow the establishment of a transportation facility in an area designated as urban reserve under subsection (1)(b) of this section.
(7)The commission shall adopt by goal or by rule a process and criteria for designating urban reserves pursuant to subsection (1)(b) of this section. [1993 c.804 §19; 1999 c.622 §6; 2007 c.723 §6; 2011 c.150 §1; 2011 c.726 §1]
(a)Is zoned for industrial use or designated for industrial use zoning in an acknowledged comprehensive plan;
(b)Is land on which no electors reside, unless one or more electors living on-site are employed or engaged to provide security services for the industrial user of the land;
(c)Has an assessed value of more than $2 million, including improvements; and
(d)Is in unincorporated Jackson County within the urban unincorporated community of White City, west of Oregon Route 62.
(2)After annexation of a lot, parcel or tract described in subsection (1) of this section, the development rights that apply to the lot, parcel or tract under the industrial zoning classification applicable to the lot, parcel or tract when it is annexed are retained and run with the lot, parcel or tract.
(3)As used in this section, “urban unincorporated community” means an unincorporated community that:
(a)Includes at least 150 permanent residential dwelling units;
(b)Contains a mixture of land uses, including three or more public, commercial or industrial land uses;
(c)Includes areas served by a community sewer system; and
(d)Includes areas served by a community water system. [2005 c.539 §2; 2016 c.121 §1]
Law Review Citations
93 OLR 455 (2014)
Notes of Decisions
When undertaking “consideration of factors,” Metro or county must apply and evaluate each factor, weigh and balance each factor while understanding factors are not independent approval criteria and meaningfully explain reasoning for land designation. Barkers Five, LLC v. LCDC, 261 Or App 259, 323 P3d 368 (2014)
Law Review Citations
93 OLR 455 (2014)