December 3-4, 2015 - LCDC Salem <br />Agenda Item 4, Attachment H <br />1 (C) Freeways, rail lines, or other restricted access corridors that would require new grade <br />2 separated crossings to serve planned urban development; <br />3 (D) Significant scenic, natural, cultural or recreational resources on an acknowledged <br />4 plan inventory and subject to protection measures under the plan or implementing <br />5 regulations Ir n 1 T. , r4lislie- state- f 444 ; ni - i that would prohibit or <br />6 substantially impede the placement or construction of necessary public facilities and <br />7 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 local <br />1o I government may forecast residential development capacity as follows: <br />11 (a) Existing lots or parcels greater than one acre but less than two acres may be assumed to <br />12 have an aggregate development capacity of two dwelling units per acre. <br />Comment [MN16]: NO. just because something <br />is on an inventory, that doesn't mean there are <br />restrictions on how the property can be used. This <br />provision should ONLY apply when there are clear, <br />legally binding restrictions to placing services <br />- - - - - - - - - - - - - - - - - - - - - - - - - - - <br />13 (b) Existing vacant ~ots or parcels one acre or less maybe assumed to have a development comment [MN V]: why is thisjust vacant? <br />14 capacity of one dwelling unit12er lot or parcel. <br />15 (9) Notwithstanding OAR 660-024-0050(4) and section (1) of this rule, except during periodic <br />16 review or other legislative review of the UGB, the local government may approve an application <br />17 under ORS 197.610 to 197.625 for a UGB amendment to add an amount of land less than <br />18 necessary to satisfy the land need deficiency determined under OAR 660-024-0050(4), provided <br />19 the amendment complies with all other applicable requirements. <br />20 ~(10) Lands included within a UGB pursuant to section (3) to provide for a particular industrial <br />21 use, or a particular public facility, must be planned and zoned for the intended use and must <br />22 remain planned and zoned for that use unless the local government removes the land from the <br />23 UGB.I Comment [141418]: Should this be later on, in <br />l the planning and zoning section in -0067? <br />24 OAR 660-024-0067 <br />25 Evaluation of Land in the Study Area for Inclusion in the UGB; Priorities <br />26 (1) When considering a UGB amendment, a local government outside of Metro must decide <br />27 which land to add to the UGB by evaluating all land in the study area determined under OAR <br />28 660-024-0065, as follows: <br />29 (a) Beginning with the highest priority category of land described in section (2) of this rule, <br />30 the local government must apply section (5) to determine which land in that priority category <br />31 is suitable to satisfy the need deficiency determined under OAR 660-024-0050 and select as <br />32 much of the land as necessary to satisfy the need. <br />33 (b) If the amount of suitable land in the first priority category in section (2) is not sufficient to <br />34 satisfy all the identified need deficiency, the local government must apply section (5) to <br />35 determine which land in the next priority is suitable and must select as much of the suitable <br />36 land in that priority as necessary to satisfy the need. The local government must proceed in <br />37 this manner until all the land need is satisfied. <br />