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 © 2008 AGC Oregon-Columbia Chapter
9450 S.W. Commerce Circle, Suite 200,
Wilsonville, Oregon 97070
Phone: 503-682-3363 - 800-826-6610
Fax: 503-682-1696

 

Building/Industrial Council    Statewide Planning Goals    Metro Urban Growth Plan    NMFS 4(d) Rule, Goal 5    Glossary of Terms and Acronyms

AGC POSITION ON URBAN GROWTH BOUNDARIES

ISSUE:  URBAN GROWTH BOUNDARIES (GOAL 14) AND THE AVAILABILITY OF DEVELOPABLE COMMERCIAL/INDUSTRIAL LAND (GOAL 9)

Urban Growth Boundaries were established by Statewide Planning Goal #14, which requires all cities to estimate future growth and needs for land and then plan and zone enough land to meet those needs. By law, Metro is responsible for developing plans that implement the Statewide Land Use Planning Goals for Multnomah, Washington and Clackamas counties and the 24 cities within its borders. Metro has adopted a 20 year planning window for land within the UGB. Other jurisdictions throughout Oregon have adopted similar planning windows; however, Metro has become the "bell weather" for how others will deal with urban growth boundaries and the availability of developable land for housing and commercial/industrial projects.

BACKGROUND:

Goal 14-Urban Growth Boundaries
In 1997, Metro completed a Urban Growth Report (UGR) that recommended that the UGB be expanded by approximately 7,000 acres. It was decided that approximately half of that amount would be brought into the UGB in 1998 with the other half being annexed by December, 1999.

In 1999, Metro revised its UGR and concluded that the UGB did not need to be expanded by the remaining 3,500 acres recommended from the earlier report. A coalition of development organizations created the Partnership for Sensible Growth who, in turn, hired Randall Pozdena, EcoNorthwest, to evaluate the 1999 UGR. Posdena's "Observations on Metro's Urban Growth Report" was presented to the AGC Board on October 22, 1999. In it, he concluded that Metro's methodology for calculated land need was flawed and that somewhere between 8,000 and 20,000 acres needed to be brought into the current UGB to meet a 20 year supply of land.

In early 2000, the NMFS 4(d) rule was issued with a suggestion that all habitat of the listed salmonids should be protected by 200 foot riparian buffers on each side of the stream. Metro has used this suggestion in the NMFS 4(d) preamble to propose a Streamside CPR program that designates approximately 900 miles of perennial and intermittent streams within the UGB as resources that need to be protected by 200í buffers on both sides (this amount includes some streams that showed up in the Flood of í96). The effect of these buffers, if implemented, would take between 4,500 and 45,000 acres of land out of the vacant land inventory within the UGB.

Given these two developments affect on the UGB, Metro requested and was granted an extension until October 31, 2000, for determining the actual amount of land needed to be added to the UGB.

Goal 9-Supply of Commercial/Industrial Land
In 1995, the Homebuilders' Association sponsored an amendment to Oregon's land use law that requires community planners to include a 20 year (20yrs is a historic number, it could easily be 30 yrs) supply of vacant and buildable land for residential development within their urban growth boundaries. HB2709 passed and was signed into law. In 1999, AGC joined with other Commercial Real Estate Economic Coalition (CREEC) members to sponsor SB 87, which would have further modified Oregon's law to require that there also be a 20 year supply of commercial and industrial land within the UGB of any city of 25,000 or greater population. SB87 failed. Note: Much of the previous allowance for industrial/commercial was unbuildable for reasonable costs ie: too steep or in flood plains.

Currently, community planners throughout the state are being pressured to control "sprawl" by encouraging dense development within urban growth boundaries; however, environmental issues have also taken many acres of developable land out of the inventory. While planners are required to balance competing interests represented by all 19 of the Statewide Planning Goals, Goal 9 is largely being ignored.

In 1999, CREEC joined with the Port of Portland, Oregon Economic Development Department and Metro to fund a Regional Industrial Lands Survey. The survey inventoried lands suitable for industrial development and found that the supply of unconstrained lands (before deduction for Title 3 and NMFS 4(d)) within UGBs is approximately 2,300 acres (approximately a 7-9 year supply throughout the Portland-Vancouver metropolitan area). Clark County has 58%, Clackamas County 2%, Multnomah County 19% and Washington 21% of these lands and over 80% of the supply is in parcels less than 10 acres.

In the current environment where infrastructure investment has been severely restricted, it makes no sense to plan for housing in areas that require long commutes to jobs and further exacerbate highway congestion. To maintain a healthy economic environment throughout Oregon, we must have adequate land for job-producing activities, and this land must be proximate to land zoned for housing for those workers.

RECOMMENDED ACTION:

AGC should actively track and report Metro's activities relating to meeting the October 31, 2000 deadline and should stay actively involved in and supportive of CREEC's initiatives in this regard.

A land use task force comprised of 3-10 members of the B/I Council and the H/H/U Council should be developed to support current activities of Bob Durgan and to get more AGC members involved in land use issues at Metro and statewide.

AGC should develop a Board policy on Urban Growth Boundaries to provide direction to members speaking on behalf of AGC in various forums throughout the state. The Building/Industrial Council proposes that the policy be:

AGC supports land use regulations that fairly balance the need for compact urban development that maximizes infrastructure investment and minimizes negative impacts on adjacent resource lands and significant natural resources.  However, all land use practices which reserve land for housing the workforce must take into consideration the need for an adequate supply of suitably sited vacant and buildable commercial/industrial land.  State and local land use policies shall ensure that such lands are supported by adequate transportation and other infrastructure to accommodate suitable development of the land.

AGC should (through its land use task force) track activities at DLCD and LCDC with regard to revisions to Goal #14 (currently underway) and should work with Steve Pfeiffer, Stoel Rives, to take an independent request for administrative rulemaking to the Land Conservation and Development Commission (LCDC) to strengthen the requirement of Goal 9 that community planners include an adequate supply of commercial and industrial land in their comprehensive plans.

AGC may solicit support from CREEC and other development groups throughout the state to support Goal 9 changes.

Contact:  Cindy Catto AGC, cindyc@agc-oregon.org