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 (b) When determininz whether the land is predominantly made up of prime or unique <br />2 farm soils "predominantly" means at least 50 percent of a tract as defined at ORS 215.010. <br />3 (5) With respect to section (1) of this rule. a citv must assume that vacant or partiall <br />4 vacant land in a particular priority category is "suitable" to satisfy a need deficiency <br />5 identified in OAR 660-024-0050(4) unless it demonstrates that the land cannot satisfy the <br />6 specified need based on one or more of the conditions described in subsections (a) through <br />7 (e) of this section: <br />8 (a) Existing parcelization, lot sizes or development patterns of rural residential land <br />9 make the land unsuitable for an identified employment need; <br />10 (b) The land would gualify for exclusion from the preliminary study area under the <br />11 factors in OAR 660-024-0065(4) but the city declined to exclude it pending more <br />12 detailed analysis. <br />13 (c) The land is, or would be upon inclusion in the UGB, subiect to natural resources <br />14 protections under Statewide Planning Goals 5 such that that no development capacity <br />15 should be forecast with respect to the need. <br />16 (d) With respect to needed industrial uses only, the land is over 10 percent slope, or is <br />17 an existing lot or parcel that is smaller than 5 acres in size, or both. Slope shall be <br />18 measured as the increase in elevation divided by the horizontal distance at maximum <br />19 ten-foot contour intervals. <br />20 (e) The land does not have, and cannot be improved to provide, one or more of the <br />21 specific site characteristics for a particular industrial use or public facility use <br />22 described in OAR 660-024-0065(3). <br />23 (6) For lands added to the UGB to provide for residential uses: <br />24 (a) Existing lots or parcels one acre or less may be assumed to have a development <br />25 capacity of one dwelling unit per lot or parcel. Existing lots or parcels treater than one <br />26 acre but less than two acres shall be assumed to have an a22re2ate development <br />27 capacity of two dwelling units per acre. <br />28 (b) In any subsequent review of a UGB pursuant to this division, the city may use a <br />29 development assumption for land described subsection (a) of this section for a period of <br />30 14 years from the date the lands were added to the UGB. <br />31 (7) Pursuant to section (1)(c). if the amount of suitable land in a particular priorit <br />32 category under section (2) exceeds the amount necessary to satisfy the need deficiency, the <br />33 city must choose which land in that priority to include in the UGB by first applying the <br />34 Boundary Location Factors of Goal 14 and then applying applicable criteria in the <br />35 acknowledged comprehensive plan and land use regulations acknowledged prior to <br />17 <br />