660-038-0150 Determine if UGB Expansion is Necessary to Accommodate Employment Needs (1) To determine whether to expand the UGB, a city using the method in this division must compare the amount of land needed for new commercial and industrial development determined under OAR 660-038-0140 with the amount of vacant or partially vacant buildable employment land designated for commercial and industrial development as determined in the employment BLI as per OAR 660-038-0130. (2) If the amount of buildable commercial land in the UGB is greater than the amount of land needed for new commercial development, and the amount of buildable industrial land is greater than the amount of land needed for new industrial development, then no UGB expansion for employment land need is allowed. (3) If the amount of buildable employment land in the UGB is less than the amount of land needed for either commercial or industrial development, then the UGB may be expanded to provide the amount of land needed, provided that: (a) If the amount of buildable industrial land is less than the amount of land needed for industrial development, but is greater than the amount of land needed for commercial development, then the city must determine whether the industrial land need can be reasonably accommodated by redesignating the surplus of buildable commercial land within the UGB, except as provided in section (4) of this rule. (b) If the amount of buildable commercial land is less than the amount of land needed for commercial development, but is greater than the amount of land needed for new industrial development, then the city must determine if the commercial land need can be reasonably accommodated by redesignating the surplus of industrial land within the UGB, except as provided in section (4) of this rule. (c) A city must also determine whether surplus residential land as determined in OAR 660-038-0080, or publicly-owned land not designated for employment or residential use that has been declared surplus by the public entity, can reasonably accommodate all or part of an employment land deficit, except as provided in OAR 660-038-0080(5). (4) The following existing commercial or industrial lands may not be re-designated for another use under this division, including in response to section (3): (a) Land within industrial sanctuaries identified on the acknowledged comprehensive plan, including lands added to UGB as Regional Large Lot Industrial Land under to OAR 660-024-0045. (b) Land owned by a port district or other public entity for the purpose of economic development. (c) Land within: (A) An urban renewal district; (B) An enterprise zone, rural enterprise zone, or urban enterprise zone, as defined in ORS 285C.050; or (C) A strategic investment zone, as defined in ORS 285C.623. (d) Sites served by state or regional infrastructure investments, such as the Strategic Reserve Fund (ORS chapter 285B), Connect Oregon, Immediate Opportunity Fund, or grant or loan programs administered by the Infrastructure Finance Authority. (e) Sites that include working port access or Class A rail access (e.g., access to existing sidings or loops). (f) Sites that have been certified as a shovel ready site by the Oregon Business Development Department (OBDD), or has received designation as a Regionally Significant Industrial Area by the Economic Recovery Review Council. (g) Land that was previously designated as industrial under rules under this division and may not be redesignated as provided in OAR 660-038-0180(6). (h) Land that is designated for a particular land need under OAR 660-024-0065(10). Statutory/Other Authority: ORS 197.040, 197A.305, 197A.320 & 197.235 Statutes/Other Implemented: ORS 197A.300, 197A.302, 197A.305, 197A.310, 197A.312, 197A.315, 197A.320 & 197A.325 History: LCDD 6-2015, f. 12-29-15, cert. ef. 1-1-16