ORS 197A.362
Timing of Metro accommodation of needed housing

  • lands for public schools

(1)

Metro shall complete the inventory, determination and analysis required under ORS 197A.350 (Determination of housing capacity and accommodation of needed housing by Metro) (3) not later than six years after completion of the previous inventory, determination and analysis.

(2)

Intentionally left blank —Ed.

(a)

Metro shall take such action as necessary under ORS 197A.350 (Determination of housing capacity and accommodation of needed housing by Metro) (6)(a) to accommodate one-half of a 20-year buildable land supply determined under ORS 197A.350 (Determination of housing capacity and accommodation of needed housing by Metro) (3) within one year of completing the analysis.

(b)

Metro shall take all final action under ORS 197A.350 (Determination of housing capacity and accommodation of needed housing by Metro) (6)(a) necessary to accommodate a 20-year buildable land supply determined under ORS 197A.350 (Determination of housing capacity and accommodation of needed housing by Metro) (3) within two years of completing the analysis.

(c)

The metropolitan service district shall take action under ORS 197A.350 (Determination of housing capacity and accommodation of needed housing by Metro) (6)(b), within one year after the analysis required under ORS 197A.350 (Determination of housing capacity and accommodation of needed housing by Metro) (3)(b) is completed, to provide sufficient buildable land within the urban growth boundary to accommodate the estimated housing needs for 20 years from the time the actions are completed.

(d)

The metropolitan service district shall consider and adopt new measures that the governing body deems appropriate under ORS 197A.350 (Determination of housing capacity and accommodation of needed housing by Metro) (6)(b).

(3)

The commission may grant an extension to the time limits of subsection (2) of this section if the Director of the Department of Land Conservation and Development determines that the metropolitan service district has provided good cause for failing to meet the time limits.

(4)

Intentionally left blank —Ed.

(a)

Metro shall establish a process to expand the urban growth boundary to accommodate a need for land for a public school that cannot reasonably be accommodated within the existing urban growth boundary. Metro shall design the process to:

(A)

Accommodate a need that must be accommodated between periodic analyses of urban growth boundary capacity required by subsection (1) of this section; and

(B)

Provide for a final decision on a proposal to expand the urban growth boundary within four months after submission of a complete application by a large school district as defined in ORS 195.110 (School facility plan for large school districts).

(b)

At the request of a large school district, Metro shall assist the district to identify school sites required by the school facility planning process described in ORS 195.110 (School facility plan for large school districts). A need for a public school is a specific type of identified land need under ORS 197A.355 (Priority of land to be included within Metro urban growth boundary) (3).

(5)

At least three years after completing its most recent demonstration of sufficient buildable lands under ORS 197A.350 (Determination of housing capacity and accommodation of needed housing by Metro), Metro may, on a single occasion, revise the determination and analysis required as part of the demonstration for the purpose of considering an amendment to the Metro’s urban growth boundary, provided:

(a)

One or more cities within Metro have proposed a development that would require expansion of the urban growth boundary;

(b)

The city or cities proposing the development have provided evidence to Metro that the proposed development would provide additional needed housing to the needed housing included in the most recent determination and analysis;

(c)

The location chosen for the proposed development is adjacent to the city proposing the development; and

(d)

The location chosen for the proposed development is located within an area designated and acknowledged as an urban reserve.

(6)

Intentionally left blank —Ed.

(a)

If Metro, after revising its most recent determination and analysis pursuant to subsection (5) of this section, concludes that an expansion of its urban growth boundary is warranted, Metro may take action to expand its urban growth boundary in one or more locations to accommodate the proposed development, provided the urban growth boundary expansion does not exceed a total of 1,000 acres.

(b)

If Metro expands its urban growth boundary under this subsection, Metro:

(A)

Must adopt the urban growth boundary expansion not more than four years after completing its most recent demonstration of sufficient buildable lands under ORS 197A.350 (Determination of housing capacity and accommodation of needed housing by Metro); and

(B)

Is exempt from the boundary location requirements described in the statewide land use planning goals relating to urbanization. [Formerly 197.299]

Source: Section 197A.362 — Timing of Metro accommodation of needed housing; lands for public schools, https://www.­oregonlegislature.­gov/bills_laws/ors/ors197A.­html.

Law Review Citations

93 OLR 455 (2014)

197A.015
Definitions for ORS 197.475 to 197.493 and ORS chapter 197A
197A.018
Definition of “needed housing.”
197A.020
Limitations on requiring contribution for government assisted housing
197A.025
Policy
197A.030
Department support to local governments to incentivize needed housing
197A.100
Housing production strategy
197A.103
Review of housing production strategy
197A.110
City report on housing permitting and production
197A.115
City report on implementation of housing production strategy
197A.130
Identification of cities with unmet housing needs
197A.200
Local government planning for needed housing
197A.205
Housing and Community Services Department review of certain local housing measures
197A.210
Development-ready lands
197A.215
Application to remove property from within urban growth boundary
197A.230
Definitions for ORS 197A.230 to 197A.250
197A.232
Findings regarding long-range planning
197A.235
Designation of rural and urban reserves pursuant to intergovernmental agreement
197A.242
Coordinated and concurrent process for designation of urban and rural reserves
197A.245
Urban reserves
197A.250
Designation of certain Washington County lands
197A.270
Determination of housing capacity and accommodation of needed housing by cities with population of 25,000 or greater
197A.278
Lane County accommodation of needed housing
197A.280
Determination of housing capacity and accommodation of needed housing by cities with population of less than 25,000
197A.285
Priority of land to be included within urban growth boundaries
197A.300
Definition of “serviceable.”
197A.302
Purposes
197A.305
Alternative amendment process
197A.310
Cities with population of less than 10,000
197A.312
Cities with population of 10,000 or greater
197A.315
Expansion study areas
197A.325
Review of final decision of city
197A.335
Determination of housing capacity and accommodation of needed housing by Metro cities
197A.348
Definition of “needed housing.”
197A.350
Determination of housing capacity and accommodation of needed housing by Metro
197A.355
Priority of land to be included within Metro urban growth boundary
197A.358
Metro urban growth boundary designation
197A.362
Timing of Metro accommodation of needed housing
197A.365
Metro housing coordination strategy
197A.370
Metro report of performance measures
197A.372
Metro evaluation of accommodation of needed housing
197A.395
Limits on local government prohibitions
197A.400
Clear and objective approval criteria required
197A.420
Duplexes
197A.425
Accessory dwelling units
197A.430
Single room occupancies
197A.445
Affordable housing allowed outright
197A.460
Residential use of commercial lands for affordable housing
197A.465
Local requirements to develop affordable housing
197A.470
Final action on affordable housing application
197A.500
Definitions for ORS 197A.500 to 197A.521
197A.502
Legislative findings
197A.503
Preemptive effect of ORS 197A.500 to 197A.521
197A.505
Establishment of criteria for decisions in land use final order
197A.507
Procedure for review of established criteria
197A.509
Development of land use final order
197A.511
Land use final order
197A.513
Plan amendments
197A.515
Land Use Board of Appeals review of land use final order
197A.517
Supreme Court review of Land Use Board of Appeals opinion on land use final order
197A.519
Amendments to land use final order
197A.521
Failure to meet timeline
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