HomeMy WebLinkAboutAffordable Housing Legislative ConceptHB 2225 — DLCD/OHCS AFFORDABLE HOUSING LEGISLATIVE CONCEPT
PURPOSE:
This concept would establish a Pilot Program to encourage up to five cities to provide "sites dedicated
to affordable housing" within urban growth boundaries (UGBs). The concept would direct the Land
Conservation and Development Commission (LCDC) — in coordination with the Oregon Department
of Housing and Community Services — to adopt rules for conducting the pilot project and selecting a
limited number of local governments (up to five) to provide sites dedicated to affordable housing under
some special provisions in the legislation and LCDC rules. The legislation would authorize pilot cities
to designate sites dedicated to affordable housing through an expedited process for UGB expansion, or
through other methods as may be specified in agency rules. LCDC . d OHCS would evaluate the
results of this pilot program and report to the 2011 legislature regar the esults.
BRIEF DESCRIPTION OF THIS CONCEPT:
The concept is intended to test one of several ideas being d
by LCDC to investigate ways to lower housing costs, inclu
encourage the provision of more "affordable housing" statewi
strategies to reduce the cost of housing in Oregon. The conc
legislation requiring LCDC to explore ways to encourage local gov
dedicated to affordable housing, including manufac ing par
Rather than statute, LCDC and OHCS would de
affordable housing — these definitions would pr
over time. The legislation would authoriz
dedicated to affordable housing — but o
dedicated to affordable housing will se de
However, sites designate. nder this ion
up to fi
velop
must b „y nd zoned primarily for "affordable
The concep anticipates that local governments and
d under the pilot program is sutuated and priced so
housing," and cann
land owners wo
as to support
1 work group appointed
le housing, and to
in rsuing new
onds to , 3 °.y+ 7)
is to plan zone "land
obile home parks."
ing" an sites dedicated to"
d would need to be adjusted
s one method to provide sites
selected by LCDC. Sites
ion with "market rate housing."
Under thi . t, LCDC would be ed to:
• Ado. to establish and im ` ent the Affordable Housing Pilot Program, working with
the ()re Services Department and local governments.
• ;;
Define a '��;� a housing � z_ ��� rposes of this program.
• Establish a pr. �;� Bele'` pilot projects from nominations made by local governments
• Ensure that nomi rojects include concept plans and any proposed amendments to
comprehensive plan and use regulations needed to carry out the pilot project
• Ensure pilot projects are likely to provide sites for affordable housing that would not or could
not otherwise be provided, that would serve identified populations who require such housing,
be near transportation and other public facilities and services, and avoid or minimize adverse
effects on natural resources, farm land, or forest land uses.
• Deliver a report to the Seventy-seventh Legislative Assembly evaluating the affordable housing
pilot program, including recommendations for legislation based on the evaluation.
POLICY IMPLICATIONS:
A supply of land dedicated to affordable housing is necessary for the economic prosperity of Oregon
communities. This legislation is one of several ideas LCDC and OHCS are currently examining to
encourage affordable housing and to increase the supply of land suitable for affordable housing and
available at a cost that enables development of such housing.
109
House Bill 2225
Directs Department of Land Conservation and Development to establish pilot program in which
local governments may site and develop affordable housing. Declares emergency, effective on
passage.
Proposed Revisions for Workgroup Discussion Feb 23, 2009
1 A BILL FOR AN ACT
2 Relating to pilot program to establish sites dedicated to affordable housing; and declaring
3 an emergency.
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5 Be It Enacted by the People of the State of Oregon:
6 SECTION 1. Sections 2 to 4 of this 2009 Act are added to and made a part of ORS
7 1 197.295 to 197.314.
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9 SECTION 2. The Legislative Assembly finds and declares that a supply of land
101 dedicated to affordable housing, including manufacture dwelling parks or mobile
11 home parks, and planned and zoned to encourage development of affordable housing
12 and to protect the land's use for affordable housing n l period is
13 1 necessary for the economic prosperity of Oregon communities.
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15 SECTION 3. As used in sections 2 to 4 of this 2009 Act:
16 (1) "Affordable housing" has the meaning given that term by the Land Conservation
17 and Development Commission by rule under section 4 of this 2009 Act.
18 (2) "Lot" has the meaning given that term in ORS 92.010.
19 (3) "Manufactured structure" has the meaning given that term in ORS 446.003.
20 (4) "Market -rate housing" means ??
21 (5) "Parcel" has the meaning given that term in ORS 92.010.
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23 SECTION 4. (1) The Department of Land Conservation and Development, working
24 I with the Housing and Community Services Department, other state agencies and local
25 governments, shall establish and implement an affordable housing pilot p rogram.
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27 the Land Conservation
28 and Development Commission shall adopt rules to implement the pilot program]
29 January 31, 2010.
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(2) Under the rules, the commission shall establish a site -selection -process by which
the commission must may select ' up to five;}ttr-isttietions cities,
except for a city in the Metro urban growth boundary, to participate in the pilot
program, from among nominations made by ities. Under the site
selection process:
(a) A local -government nominated city:
(A) Must identify a site to be
dedicated to affordable housing as part of the pilot program; anti
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(B) Must submit-a-ecn:eept-plan proposed measures to dedicate the site for affordable
housing, , including any proposed amendments to
comprehensive plans and land use regulations required to implement the proposed
measures pilet-project; and
(C) Must submit an analysis demonstrating a need for affordable housing in the city
that is unlikely to be met without the special provisions of the pilot program.
(D) Must demonstrate that the city's current plan and zoning encourages affordable
housing through a combinations of methods, including but not limited to:
(i) Allowing attached single family housing in single family zones;
(ii) Allowing a density bonus for development that includes affordable housing;
(iii) Prohibiting single family homes in multifamily zonesi
Siv) Allowing accessory units as an outright use on single family lots;
(v) Allowing mixed use developments that include housing in commercial zones;
(vi) Allowing duplexes or triplexes as outright uses in certain single family zones.
(b) The commission shall select pilot irojeets proposals that meet the requirements of
paragraph (a) of this subsection and that will are:
(A) Provide a site for affordable housing that would not
otherwise be provided without the special rule provisions of the pilot program
described in Subsection (3) of this Section;
(B) Serve identified populations in the area that require
affordable housing;
22 (C) Are near public facilities and services, including transportation, or for which the
23 facilities and services are planned and reasonably likely to be provided in the near
24 future; and
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(D) Reasonably likely to meet the requirements of Subsection (3) of this section, IEif the
pilot ^ ct r s proposal requires . • • - • an urban growth
boundary amendment in order to provide a site dedicated to affordable housing,
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(3) The Land Conservation and Development Commissions -by -rules for the pilot
program:
(a) Shall define "affordable housing" that would be authorized on sites dedicated to
affordable housing_ ' and other terns as necessary.
"Affordable housing" shall include manufactured dwelling parks or mobile home
parks, and may include other housing types as specified by the rules. in defining
"affordable housing," the commission shall take into consideration*
fange0
(A) Housing prices within particular a regions compared to the income of residents of
that region;
(B) The availability of government -assisted housing in a region;
(C) The need for sites to accommodate manufactured structu res due to the conversion
of manufactured dwelling parks or mobile home parks in a region to other uses;
(D) Definitions of "affordable housing," "workforce housing" or other similar terms
used by state and federal governments;
(E) Recommendations by the Department of Housing and Community Services; and
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(E) Other relevant factors.
(b) May authorize mixed -income housing developments that include affordable
housing in conjunction with market -rate housing on a pilot project sites, provided:
(A) The market -rate housing does not exceed a specified percentage (60%??) of the
total housing units developed on the site and ; and
(8) A specified percentage of the affordable housing will be developed prior to or at
the same time as the market -rate housing is developed;
(c) May include special provisions for amendment of an urban growth boundary in
order to establish a site dedicated to affordable housing under this pilot program,
provided such rules
(A) Are consistent with statutes, goals and rules pertaining to amendment of urban
growth boundaries, except as specified in Section 5 of this 2009 act;
(B) Limit the amendment of an urban growth boundary for purposes of designating a
site for affordable housing under the pilot program to less than 50 acres for any city
selected for the pilot program;
(B) Require that any pilet-project-sites dedicated to affordable housing that are added
to ' an urban growth boundary under the pilot program:
(i) Are dedicated to affordable housing through amendments to comprehensive plans
and land use regulations; and
(ii) Must Rremain planned and zoned for affordable housing, except as provided
otherwise by rules authorized in paragraph (d) of this subsection.
(d) May select nominations for pilot projects that designate sites dedicated to
affordable housing by means other than amendment of an urban growth boundary.
(4) A local government that brings a pilot project site within its urban growth
boundary under this act:
(a) Shall protect sites dedicated to affordable housing from conversion to other uses
before, during and after the development of affordable housing, except as provided
otherwise by rules authorized in subsection (3)(d) of this section;
(b) Shall ensure that affordable housing developed on the site continues to be used to
provide affordable housing for a period of at least 50 years through measures
including, but not limited to:
(A) Zoning restrictions;
(B) Guaranteed rental rates or sales prices;
(C) Regulations, provisions or conditions like those described in ORS 197.309 (2);
(D) Other regulations, provisions or conditions determined by the local government
to be effective in maintaining the affordability of housing on land dedicated to that
purpose pursuant to sections 2 to 4 of this 2009 Act; or
(E) Restrictive agreements entered into with sources of affordable housing funding;
and
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(c) May authorize a mix of affordable housing and other housing types on a site,
provided the percentage of affordable housing units developed on the site meets or
exceeds requirements specified by rules authorized in subsection (3)(c) of this section.
(5) A local government that : ' . ' • amends an urban
growth boundary in order to add a site dedicated to affordable housing under this
pilot program may not plan and zone the site to allow a use, or mix of uses, not
authorized under sections..2 to 5 of this 2009 Act unless the local government first
withdraws the site from the urban growth boundary and rezones the site pursuant to
law, statewide land use planning goals and land use regulations im plementing the
goals that regulate allowable uses of land outside urban growth boundaries.
17 CO Notwithstanding the exception in ORS 197.309 (1), for pilot project sites or
18 affordable housing developed under this section, a local government may act under
19 ORS 197.309 (1) in a manner that has the effect of establishing the sales price for a
20 housing unit or residential building lot or parcel, or that requires a housing unit or
21 residential building lot or parcel to be designated for sale to a particular class or
22 group of purchasers.
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(.7j This section does not constitute a statutory contract. Sites dedicated to affordable
housing that are established under this section and affordable housing developed
under this section remain subject to new or additional regulatory requirements
authorized by law, statewide land use planning goals and land use regulations
implementing the goals.
(8) Except as otherwise provided by Commission rule, local governments shall
consider and act upon pilot site proposals in a one-step process ending with a single
final decision adopting the plan and zoning amendments described in section O of this
act, addressing applicable standards in sections 2 — 5 of this act, and, if applicable,
special rules for amending the urban growth boundary.
(9) A local government's final decision on a pilot site shall be reviewable only by the
Land Use Board of Appeals as a post -acknowledgment plan and land use amendment
under ORS 197.610 to 197.625.
(10) The Commission and Department shall have standing to appeal or participate as
an intervener in an appeal of any local government final decision incorporating a
pilot project site into an urban growth boundary.
SECTION 5. (1) All statutes, goals and rules apply to adoption or amendment of plan
and land use regulations in order to designate and protect a site for affordable
housing, except that the commission rules adopted under section 4 of this 2009 act
may authorize an expedited amendment of an urban growth boundary to include a
site dedicated to affordable housing under the pilot program, by waiving the only the
following requirements amending an urban growth boundary:
(a) Goal 14 and implementing rules regarding
(A) A demonstration of need for housing to accommodate long range urban
population, except as required under subsection (2)(a)(C) of section 4 of this 2009 act.,
and
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(B) Location factors???
(b) The priorities for inclusion of land within the urban growth boundary in ORS
197.298, except that a local government may not use provisions under this section to
bring high value farmland, as defined by the commission, within its urban growth
boundary. However, subsequent amendments of an urban growth boundary must
consider buildable land in a site dedicated to affordable housing.
(2) The inclusion of sites dedicated to affordable housing within an urban growth
boundary pursuant to this section does not authorize a local government to convert
buildable lands within the urban growth boundary that are planned for needed
housing, as defined in ORS 197.303, to other uses.
(3) Exchantre of site added to UGB for a site already in the UGB that would be rezoned
so as to be dedicated to affordable housing????
(4) The rules described under this section apply only to amendment of an urban
growth boundary to include a site Tess than 50 acres dedicated to affordable housing
under the pilot program.
SECTION 6. LCDC to revise rules to implement Goal 10 by December 1, 2010.
SECTION 7. Sunset clause for pilot program (sunsets rules under Section 6 and
others as necessary)
SECTION 8. This 2009 Act being necessary for the immediate preservation of the
public peace, health and safety, an emergency is declared to exist, and this 2009 Act
takes effect on its passage,
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