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 (c) The land is, or would be upon inclusion in the UGB, subject to natural resources <br />2 protections under Statewide Planning Goals 5 such that that no development capacity should <br />3 be forecast with respect to the need. <br />4 (d) With respect to needed industrial uses only, the land is over 10 percent slope, as measured <br />5 in the manner described in OAR 660-038-0160(5), or is an existing lot or parcel that is <br />6 smaller than 5 acres in size, or both. <br />7 (6) For lands added to the UGB to provide for residential uses: <br />8 (a) Existing lots or parcels one acre or less may be assumed to have a development capacity <br />9 of one dwelling unit per lot or parcel. Existing lots or parcels greater than one acre but less <br />10 than two acres shall be assumed to have an aggregate development capacity of two dwelling <br />11 units per acre. <br />12 (b) In any subsequent review of a UGB pursuant to this division, the city may use a <br />13 development assumption for land described subsection (a) of this section for a period of 14 <br />14 years from the date the lands were added to the UGB. <br />15 (7) As provided in subsection (1)(c), if the amount of suitable land in a particular priority <br />16 category under section (2) exceeds the amount necessary to satisfy the need deficiency, the city <br />17 must choose which land in that priority to include in the UGB by first applying the Boundary <br />18 Location Factors of Goal 14 and then applying applicable criteria in the comprehensive plan and <br />19 land use regulations acknowledged prior to initiation of the UGB evaluation or amendment. The <br />20 city may not apply local comprehensive plan criteria that contradict the requirements of the <br />21 Boundary Location Factors of Goal 14. The Boundary Location Factors are not independent <br />22 criteria; when the factors are applied to compare alternative boundary locations and to determine <br />23 the UGB location the city must demonstrate that it considered and balanced all the factors. <br />24 (8) The city must apply the Boundary Location Factors in coordination with service <br />25 providers and state agencies, including the Oregon Department of Transportation with <br />26 respect to Factor 2 regarding impacts on the state transportation system, and the Oregon <br />27 Department of Fish and Wildlife and the Oregon Department of State Lands with respect to <br />28 Factor 3 regarding environmental consequences. "Coordination" includes timely notice to <br />29 agencies and service providers and consideration of any recommended evaluation <br />30 methodologies. <br />31 (9) In applying Boundary Location Factor 2, to evaluate alternative locations under <br />32 section(6), the city must compare relative costs, advantages and disadvantages of alternative <br />33 UGB expansion areas with respect to the provision of public facilities and services needed to <br />34 urbanize alternative boundary locations. For purposes of this section, the term "public <br />35 facilities and services" means water, sanitary sewer, storm water management, and <br />36 transportation facilities. The evaluation and comparison under Boundary Location Factor 2 <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 v2.0 <br />29 <br />