December 3-4, 2015 - LCDC Salem <br />Agenda Item 4, Attachment B <br />DRAFT OAR 660, division 24, rules to implement ORS 197A 2 d Public Draft: November 13, 2015 <br />1 (C) Freeways, rail lines, or other restricted access corridors that would require new <br />2 trade separated crossings to serve planned urban development; <br />3 (D) Significant scenic, natural, cultural or recreational resources on an <br />4 acknowledged plan inventory and subiect to protection measures under the plan or <br />5 implementing regulations, or on a published state or federal inventory, that would <br />6 prohibit or substantially impede the placement or construction of necessary public <br />7 facilities and services. <br />8 (8) Land may not be excluded from the preliminary study area based on a finding of <br />9 impracticability that is primarily a result of existing development patterns. However, a city <br />10 may forecast development capacity as provided in OAR 660-024-0067(1)(c). <br />11 (9) Notwithstanding OAR 660-024-0050(4) and section (1) of this rule. except durin <br />12 periodic review or other legislative review of the UGB, the city may approve an application <br />13 under ORS 197.610 to 197.625 for a UGB amendment to add an amount of land less than <br />14 necessary to satisfy the land need deficiency determined under OAR 660-024-0050(4), <br />15 provided the amendment complies with all other applicable requirements. <br />16 (10) Lands included within a UGB pursuant to section (3) to provide for a particular <br />17 industrial use, or a particular public facility, must be planned and zoned for the intended <br />18 use and must remain planned and zoned for that use unless the city removes the land from <br />19 the UGB. <br />20 OAR 660-024-0067 <br />21 Evaluation of Land in the Studv Area for Inclusion in the UGB: Priorities <br />22 (1) A city considering a UGB amendment must decide which land to add to the UGB by <br />23 evaluating all land in the study area determined under OAR 660-024-0065, as follows <br />24 (a) Beginning with the highest priority category of land described in section (2), the <br />25 city must apply section (5) to determine which land in that priority category is <br />26 suitable to satisfy the need deficiency determined under OAR 660-024-0050 and <br />27 select for inclusion in the UGB as much of the land as necessary to satisfy the need. <br />28 (b) If the amount of suitable land in the first priority category is not sufficient to satisfy <br />29 all the identified need deficiency, the city must apply section (5) to determine which <br />30 land in the next priority is suitable and select for inclusion in the UGB as much of the <br />31 suitable land in that priority as necessary to satisfy the need. The city must proceed in <br />32 this manner until all the land need is satisfied. <br />33 (c) If the amount of suitable land in a particular priority category in section (2) <br />34 exceeds the amount necessary to satisfy the need deficiency, the city must choose <br />35 which land in that priority to include in the UGB by applying the criteria in section <br />36 (7) of this rule. <br />37 (d) In evaluating the sufficiency of land to satisfy a need under this section, the city <br />14 <br />