December 3-4, 2015 - LCDC Salem <br />Agenda Item 4, Attachment H <br />would choose to use a Census dwelling unit count for the city limit and compare that to the <br />developed land area), <br />We read the excerpt above several times and still don't fully understand why the rule requires <br />that analysis that is in italics. <br />Our experience is that there is considerable debate on how to calculate "net densities" (one <br />example is whether net density should net out dedicated open space areas on private tax lots). <br />Suggested changes <br />We recommend that OAR 660-038-0060(6) be deleted or otherwise amended to make it clearer <br />how to do this analysis. <br />Buildable Lands Inventory (BLI) for Residential Land within the UGB - Partially <br />Vacant Land (OAR 660-038-0060) <br />Issue <br />The rule requires determination of partially vacant land as follows (OAR 660-038-0060)(4)(b): <br />For parcels at least one-half acre in size that contain more than one single-family <br />residence, multiple-family residences, non-residential uses, or ancillary uses such as <br />parking areas and recreational facilities, the city must identify vacant areas using an <br />Orthophoto or other map of comparable geometric accuracy. If the vacant area is at least <br />one-quarter acre, consider that portion of the parcel to be vacant land. <br />We don't necessarily disagreement with the requirement, but note that this determination is <br />both time-consuming and subjective. Other methods exist to simplify the BLI, but the committee <br />discussed them and dismissed them so we make no further comment here. <br />Serviceability (OAR 660-038-0210) <br />Issue <br />The HB 2254 legislation required the rule address serviceability. We had, and continue to have, <br />concerns about how to operationalize this requirement, The current draft addresses <br />serviceability, but the language is vague and provides only general direction. If that is the <br />intent, that is fine, but our concern is that it will (1) be difficult for cities to figure out how to <br />comply with the requirement, (2) require considerable effort, and (3) be one of the first areas of <br />the rule that will be subject of LUBA appeals. <br />