Or. Admin. Code § 660-039-0020

Current through Register Vol. 63, No. 12, December 1, 2024

Section 660-039-0020 - Preliminary Application and Final Application Requirements

(1) The director shall set deadlines for qualifying cities to submit:

(a) A preliminary application for a pilot project site; and

(b) A final application for a pilot project site.

(2) The director may revise either deadline under section (1) as the director determines is appropriate to accomplish the purpose of the pilot program.

(3) To participate in the pilot program, a qualifying city must submit a preliminary application for a pilot project site to the department. A preliminary application must include:

(a) A map of the pilot project site;

(b) The total acreage of the pilot project site;

(c) The existing land use designation and zoning of the pilot project site, and surrounding land within a minimum one-half mile radius;

(d) Demonstration that the pilot project site does not include high-value farmland;

(e) The number and type of affordable housing units, and, if the pilot project is a mixed income project, the number and type of market rate housing units, to be developed on the pilot project site;

(f) The identity of entities that may partner with the qualifying city in development of the pilot project site; and

(g) A brief statement of how the pilot project site will be provided with public facilities and services.

(4) The department will review a preliminary application submitted under section (3) to determine whether the preliminary application is complete. If the preliminary application is not complete, the department shall notify the applicant in writing of what information is missing within 30 days of receipt of the application and allow the applicant to submit the missing information. The department will contact each pre-applicant to discuss the proposed pilot project.

(5) An applicant may revise information included in a preliminary application as part of a final application submitted pursuant to section (6).

(6) In order to be selected as a pilot project, a qualifying city that submitted a complete preliminary application must submit a final application to the department that includes:

(a) A map of the pilot project site;

(b) The total acreage of the pilot project site;

(c) The existing land use designation and zoning of the pilot project site, and surrounding land within a minimum one-half mile radius, including demonstration that the pilot project site does not include high-value farmland;

(d) A concept plan narrative and map showing generalized land uses and public facilities that includes:

(A) The number and type of affordable housing units;

(B) If the project is a mixed income project, the number and type of market rate housing units;

(C) The development phasing of affordable housing and any market rate housing included on the pilot project site, including a phasing timeline for the entire project;

(D) The applicable maximum income limits of households eligible to rent or purchase affordable housing within the pilot project site, expressed as a percentage of the area median income, adjusted for family size;

(E) The prices at which affordable housing units within the pilot project site will be rented or sold to eligible tenants or homebuyers;

(F) Draft language of the amendments to the qualifying city's comprehensive plan and land use regulations that would be required to implement the final application;

(G) Information about how the pilot project site will be provided with public facilities and services, including:

(i) The proposed network of streets and other transportation facilities designed to connect with existing street facilities and serve all modes of personal transportation, including mass transit; and

(ii) The location of parks and recreational facilities;

(H) Proposed buffering from adjacent and nearby farm and forest uses on farm and forest lands;

(I) Location of any natural resources on the pilot project site requiring analysis and protection under Statewide Planning Goal 5, or mitigation of hazards under Statewide Planning Goal 7; and

(J) If the pilot project is a mixed income project, a description of how the mixed income portion supports the development of affordable housing;

(e) A resolution adopted by the governing body of the qualifying city stating if the pilot project is selected, the qualifying city will:

(A) Implement the concept plan; and

(B) Annex the pilot project site within two years of an acknowledged urban growth boundary amendment to include the site;

(f) A resolution of support for the pilot project adopted by the governing body of the county in which the pilot project site is located;

(g) A resolution of support for the pilot project adopted by the governing body of any special district providing urban services to the pilot project site for sanitary sewer, domestic water, fire protection, parks, recreation, streets and roads, or mass transit;

(h) A signed and notarized statement from all owners of the pilot project site consenting to all aspects of the final application and agreeing to designation of the site as a pilot project;

(i) Citations for any code or ordinance provisions the qualifying city has adopted that implement housing measures described in OAR 660-039-0060, or any additional housing measures the qualifying city has adopted that accommodate and encourage the development of affordable or needed housing within its existing urban growth boundary;

(j) Data on how the pilot project will serve identified populations in need of affordable housing, including:

(A) Household cost burden in the region, as determined using information from the United States Department of Housing and Urban Development;

(B) Conversion of manufactured home parks in the region;

(C) Availability of government assisted housing in the region; and

(D) Other data the qualifying city determines to be relevant.

(k) An explanation of why the development of a project similar to the proposed pilot project is unlikely to be developed within the existing urban growth boundary. The explanation may include, but is not limited to: land costs, redevelopment or remediation costs, site availability, or physical constraints;

(l) The identity and prior experience with the development of affordable or market-rate housing, of any other entity, public or private, that will be developing the pilot project site.

(m) An explanation of how the qualifying city will ensure affordable housing developed on the pilot project site will continue to be used as provided in the concept plan for a minimum of 50 years after selection of the pilot project site through one or more of the following:

(A) Zoning restrictions;

(B) Guaranteed rental rates or sales prices;

(C) Incentives, contract commitments, density bonuses or other voluntary regulations, provisions or conditions designed to increase the supply of moderate or lower cost housing units;

(D) Restrictive agreements entered into with sources of affordable housing funding; or

(E) Other regulations, provisions or conditions determined by the local government to be effective in maintaining the affordability of housing on the pilot project site.

(7) The department will review a final application submitted under section (6) to determine whether the final application is complete. If the final application is not complete, the department shall notify the applicant in writing of what information is missing within 30 days of receipt of the application and allow the applicant to submit the missing information.

(8) A final complete application must demonstrate the following to be considered for selection as a pilot project by the commission:

(a) The pilot project site is adjacent to the existing urban growth boundary of the applicant qualifying city;

(b) No tract within the pilot project site is high-value farmland;

(c) The total acreage of the pilot project site does not exceed 50 acres;

(d) The proposed gross residential density on the pilot project site is:

(A) At least seven housing units per acre for areas of the pilot project site proposed for affordable housing; and

(B) At least seven housing units per acre for areas of the pilot project site proposed for market rate housing;

(e) The pilot project site can be provided with public facilities and services as provided in OAR 660-039-0040(1) to (3);

(f) The pilot project avoids or minimizes adverse effects on natural resources and nearby farm and forest uses as provided in OAR 660-039-0050(1), (2), and (4);

(g) The qualifying city has adopted the required number of housing measures into its development code as provided in OAR 660-039-0060;

(h) The pilot project satisfies the housing requirements as provided in OAR 660-039-0070(1) to (6);

(i) The project will serve identified populations in need of affordable housing;

(j) The qualifying city has explained why the development of a project similar to the proposed pilot project is unlikely to be developed within the existing urban growth boundary; and

(k) The qualifying city has demonstrated that the entity developing the pilot project will be able to complete the development.

Or. Admin. Code § 660-039-0020

LCDD 2-2017, f. 2-24-17, cert. ef. 2/27/2017

Stat. Auth.: ORS 197.040, OL 2016, Ch. 52

Stats. Implemented: OL 2016, Ch. 52