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Metro Urban Growth Boundary Amend. 2011
Background Information
Oregon Revised Statute (ORS) 197.299 requires the Portland metropolitan area service district (Metro) to complete an inventory, determination and analysis of buildable lands every five years, and to take action as necessary to accommodate one-half of the 20-year buildable land supply within one year of completing the analysis. Additionally, ORS 197.296 and 197.299 require Metro to assess the capacity of the regional urban growth boundary (UGB) on a periodic basis and, if necessary, adjust the boundary to accommodate the region's capacity for housing and employment for the next 20 years.
 
Metro made final decisions to provide capacity for housing and employment to the year 2030, in compliance with ORS 197.299, on December 16, 2010 and January 13, 2011. Metro submitted its decisions to the Department of Land Conservation and Development (DLCD) on February 2, 2011 for review. The adopted ordinances identify actions that address at least half of the housing needs identified in the 2009 Urban Growth Report, state an intent to add large-lot industrial capacity in 2011, amend the Regional Framework Plan which states Metro Council policies, and amend Metro Code (Urban Growth Management Functional Plan) to implement regional policies.
 
Several weeks after submitting the ordinances to DLCD, Metro learned that section 16 of the submitted version of Ordinance No. 10-1244B was different from the version adopted by the Metro Council on December 16, 2010. On March 28, 2011 Metro sent the version of the ordinance adopted by the council to replace the version submitted on January 26, 2011. But for this single change, the package of ordinances and exhibits submitted on January 26 remain unchanged.
 
Because this delay in submittal of Ordinance No. 10-1244B resulted in a short duration between DLCD’s review of the this capacity determination and planned date for the final UGB decision, Metro agreed to waive the a deadline in order to allow DLCD to review the capacity determination and the UGB decision together. DLCD sent notice to all parties that the deadline had been waived on August 24, 2011.
 
October 20, 2011, the Metro Council made its final decision regarding adoption of an amendment to its UGB to provide for the range of land needs through 2030.  The decision was submitted to DLCD for review on November 8, 2011.
 
Visit Metro’s website for more information related to the capacity determination and UGB amendment decisions, including the materials submitted for state review.

Process
The process for state review of Metro’s capacity determination and UGB submittals is governed by Oregon Administrative Rule (OAR) chapter 660, division 25. These rules provide timelines for action by interested parties and DLCD. Parties wishing to object to the contents of the submittal must do so within 21 days (OAR 660-025-0140(2)).
 
The director of DLCD has 120 days from the date of submittal to make a decision (OAR 660-025-0150(2)). [NOTE: OAR 660, division 25 is currently under review, and this 120-day deadline may be amended.] The director may approve the submittal, remand it back to Metro, or refer the matter to the Land Conservation and Development Commission (LCDC). The deadline for director action is March 7, 2012.
 
See State Review/Overall Schedule below.

Exceptions to Staff Report
The deadline for filing exceptions to the DLCD Staff Report was Monday, April 30, 2012. Those exceptions which were sent to the department are listed below. (NOTE: Some of these files are very large and may take some time to download.)
 
Metro
1000 Friends
Cornelius (Davies)
Forest Grove (Truax)
Hillsboro (Willey)
Coalition for a Prosperous Region (Bottomly)
Elizabeth Grazer-Lindsey
Jim Standring (Mark Greenfield)
South Hillsboro Partners (Bachrach)
Westside Economic Alliance (Schlueter)
 

Objections
DLCD received objections to the submittals of the capacity determination and of the UGB amendment.
 
The deadline for filing objections to the initial Metro decision was February 23, 2011 and objections received by the department are listed below:
  1. 1000 Friends of Oregon
  2. Christine Kosinski
  3. Elizabeth Graser-Lindsey
  4. Coalition for a Prosperous Region
  5. Southern Hillsboro Partners
  6. Westside Economic Alliance
  7. City of Hillsboro
 
The deadline for filing objections to the revised Metro decision was April 18, 2011 and objections received by the department are listed below:
  1. Melissa J. Jacobsen
  2. Christine Kosinski
  3. Elizabeth Graser-Lindsey
  4. Coalition for a Prosperous Region
  5. South Hillsboro Partners
 
The deadline for objections to the UGB amendment decision was November 29, 2011. Objections received by the department included:
  1. David Meyers
  2. Jeff Bachrach for South Hillsboro Partners
  3. City of Sherwood
  4. Mark Greenfield for Jim Stranding
  5. 1000 Friends of Oregon plus other objectors
  6. Michelle Whittaker
  7. City of Hillsboro
  8. City of Forest Grove
  9. City of Cornelius

State Review/Overall Schedule
The DLCD director referred the matter to the Land Conservation and Development Commission for review and decision. The hearing will be held at 8:00 a.m. in Salem on May 10, 2012, in the basement hearing room at the Agriculture Building, 635 Capitol Street NE. The director’s report to LCDC is available:
 
Director’s Report 
Attachment A, Applicable Regulations 
Attachment B, DLCD Responses to Objections 
Attachment C, Analysis Areas Map 
Attachment D, UGB Expansion Areas Map