Employment, Parks, Schools Ordinance (City)- Planning Commission Recommendation (3 of 4)

Eugene Ordinance Exhibit J [Lane County Ordinance Exhibit G] sites of between 50-65 acres, and 2 sites of at least 75 acres. Therefore, the City and County actions include an expansion of the UGB to provide for those 11 needed industrial sites.' (1) Review of National, State, Regional, County and Local Trends. The economic opportunities analysis must identify the major categories of industrial or other employment uses that could reasonably be expected to locate or expand in the planning area based on information about national, state, regional, county or local trends. Chapter 3 of the EOA includes an analysis of national, state, regional, county and local trends that help determine the kinds of economic opportunities that are reasonably likely in Eugene over the 20 year planning period. This trend analysis (along with the assessment of community potential) is used by the City to ensure that its "target industries" include only industries that are reasonably likely to locate in Eugene. (2) Identification of Required Site Types. The economic opportunities analysis must identify the number of sites by type reasonably expected to be needed to accommodate the expected employment growth based on the site characteristics typical of expected uses. As required by this rule, the City uses an employment growth estimate in determining its need for employment sites. OAR 660-024-0040 (addressed under Goal 14) specifies that job growth estimates are not necessarily proportional to population growth, but must be reasonably justified. LCDC has adopted optional safe harbors for determining job growth rate and made them available to Eugene. Use of a safe harbor provides the "reasonable justification" required by LCDC's rules. Eugene's employment growth estimate relies on the safe harbor at OAR 660-024-0040(9)(A), allowing cities to "estimate that the number of jobs in the urban area will grow during the 20-year planning period at a rate equal to [t]he county or regional job growth rate provided in the most recent forecast published by the Oregon Employment Department." Section 5.1.2 of the EOA provides the analysis and application of this safe harbor. The City's use of the safe harbor (1.43%) job growth rate is consistent with other analysis conducted and heavily vetted through numerous citizen involvement initiatives. Sections 5.1.3 - 5.2.2 of the EOA considers the City's need to accommodate a 1.43% job growth rate (33,688 newjobs) through newjobs in industries that are reasonably expected to locate in Eugene. As explained by the DLCD Director in the Scappoose Order, OAR 660-009-0015(2) "grants latitude to the city to create site categories to suit its needs. Site characteristics may then be attached to the site categories provided that are typical and reasonably related to the use." DLCD Order 1816, 8. The Court of Appeals, agreeing with LUBA, has explained that "'site characteristics"' need not be 'indispensable' to a particular use in order be 'necessary for a particular industrial or other employment use to operate." Friends of Yamhill County v. Newberg, 240 Or App 738, 747 (2011). The Court endorsed "a more pragmatic approach toward accommodating economic growth: That 'necessary' site characteristics are 'As an efficiency measure, to meet a deficit of commercial land, the City adopted new, more flexible employment zones that allow a mix of commercial and residential uses. These zone were applied to some small industrial lots inside the UGB. Consideration of public uses that take place on industrial land and the impact of these rezoning actions resulted in a minor deficit - 26 acres - of industrial land located on small lots (lots of less than 10-acres). This deficit is documented in the Employment Land Supply Study at Part IV. This deficit is also addressed in the UGB expansion. 24 May 2017