Current through 2024 Legislative Session
Section 197A.NEW - [Newly enacted section not yet numbered] Conceptual plan for added sites(1) As used in this section: (a) "Affordable units" means residential units described in subsection (3)(f)(A) or (4) of this section.(b) "Market rate units" means residential units other than affordable units.(2) Before adopting an urban growth boundary amendment under section 50 of this 2024 Act or petitioning Metro under section 51 of this 2024 Act, for a site larger than 15 net residential acres, a city shall adopt a binding conceptual plan as an amendment to its comprehensive plan.(3) The conceptual plan must: (a) Establish the total net residential acres within the site and must require for those residential areas: (A) A diversity of housing types and sizes, including middle housing, accessible housing and other needed housing;(B) That the development will be on lands zoned for residential or mixed-use residential uses; and(C) The development will be built at net residential densities not less than: (i) Seventeen dwelling units per net residential acre if sited within the Metro urban growth boundary;(ii) Ten units per net residential acre if sited in a city with a population of 30,000 or greater;(iii) Six units per net residential acre if sited in a city with a population of 2,500 or greater and less than 30,000; or(iv) Five units per net residential acre if sited in a city with a population less than 2,500;(b) Designate within the site: (A) Recreation and open space lands; and(B) Lands for commercial uses, either separate or as a mixed use, that:(i) Primarily serve the immediate surrounding housing;(ii) Provide goods and services at a smaller scale than provided on typical lands zoned for commercial use; and(iii) Are provided at the minimum amount necessary to support and integrate viable commercial and residential uses;(c) If the city has a population of 5,000 or greater, include a transportation network for the site that provides diverse transportation options, including walking, bicycling and transit use if public transit services are available, as well as sufficient connectivity to existing and planned transportation network facilities as shown in the local government's transportation system plan as defined in Land Conservation and Development Commission rules;(d) Demonstrate that protective measures will be applied to the site consistent with the statewide land use planning goals for: (A) Open spaces, scenic and historic areas or natural resources;(B) Air, water and land resources quality;(C) Areas subject to natural hazards;(D) The Willamette River Greenway;(e) Include a binding agreement among the city, each owner within the site and any other necessary public or private utility provider, local government or district, as defined in ORS 195.060, or combination of local governments and districts that the site will be served with all necessary urban services as defined in ORS 195.065, or an equivalent assurance; and(f) Include requirements that ensure that: (A) At least 30 percent of the residential units are subject to affordability restrictions, including but not limited to affordable housing covenants, as described in ORS 456.270 to 456.295, that require for a period of not less than 60 years that the units be: (i) Available for rent, with or without government assistance, by households with an income of 80 percent or less of the area median income as defined in ORS 456.270; or(ii) Available for purchase, with or without government assistance, by households with an income of 130 percent or less of the area median income;(B) The construction of all affordable units has commenced before the city issues certificates of occupancy to the last 15 percent of market rate units;(C) All common areas and amenities are equally available to residents of affordable units and of market rate units and properties designated for affordable units are dispersed throughout the site; and(D) The requirement for affordable housing units is recorded before the building permits are issued for any property within the site, and the requirements contain financial penalties for noncompliance.(4) A city may require greater affordability requirements for residential units than are required under subsection (3)(f)(A) of this section, provided that the city significantly and proportionally offsets development costs related to: (b) System development charges;(d) Land acquisition and predevelopment costs.Added by 2024 Ch. 110,§ 55, eff. 6/6/2024.