December 3-4, 2015 - LCDC Salem <br />Agenda Item 4, Attachment A <br />Proposed New Rules to Implement ORS 197A Public Draft 3 - November 23, 2015 <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />(3) The city must use the result of section (2) to determine the current density of employment <br />land within the UGB under OAR 660-038-0140 <br />OAR 660-038-0130 <br />Adjust Employment Inventory to Account for Constrained Lands <br />A city must adjust the employment lands inventory determined under OAR 660-038-0120 to <br />account for constrained lands using this rule. <br />(1) The city must identify the following physical constraints on employment land inventoried <br />under OAR 660-038-0120: <br />(a) Floodways and water bodies. For the purpose of this subsection, "water bodies" includes; <br />(A) Rivers; and <br />(B) Lakes, ponds, sloughs, and coastal waters at least one-half acre in size. <br />(b) Other lands within the Special Flood Hazard Area as identified on the applicable Flood <br />Insurance Rate Map. <br />(c) Lands within the tsunami inundation zone established pursuant to ORS 455.446, <br />(d) Contiguous lands planned and zoned for commercial use of at least one acre with slopes <br />that are 25 percent or more. For purposes of this rule, slope shall be measured as the increase <br />in elevation divided by the horizontal distance at maximum 10-foot contour intervals, <br />(e) Contiguous lands planned and zoned for industrial use of at least one acre with slopes that <br />are 10 percent or more. For purposes of this rule, slope shall be measured as the increase in <br />elevation divided by the horizontal distance at maximum 10-foot contour intervals, <br />(f) Lands subject to development restrictions as a result of acknowledged zoning adopted to <br />implement Statewide Planning Goals 5 or 6, and <br />(g) Lands subject to development prohibitions, natural resource protections, or both in <br />acknowledged comprehensive plan provisions that implement Statewide Planning Goals 16, <br />17, or 18. <br />(2) For lands identified in section (1), the city may reduce the estimated development capacity by <br />the following factors in terms of acreage: <br />(a) For lands within floodways and water bodies, a 100 percent reduction. <br />(b) For other lands within Special Flood Hazard Area (SFHA) as identified on the applicable <br />Flood Insurance Rate Map (FIRM), a 100 percent reduction. <br />11/23/2015 3:43:00 PM <br />http://intranet.dlcd.state.or.us/projects/UGBRAC/Reference Documents/660-038_3rdPublicDraft_2015-11-20.docx <br />17 <br />v2.0 <br />