December 3-4, 2015 - LCDC Salem <br />Agenda Item 4, Attachment H <br />1 (8) Land may not be excluded from the preliminary study area based on a finding of <br />2 impracticability that is primarily a result of existing development patterns. However, a local <br />3 government may forecast development capacity as follows: <br />4 (a) Existing lots or parcels greater than one acre but less than two acres may be assumed to <br />5 have an aggregate development capacity of two units per acre. <br />6 (b) Existing vacant lots or parcels one acre or less may be assumed to have a development <br />7 capacity of one unit. <br />8 (9) Notwithstanding OAR 660-024-0050(4) and section (1) of this rule, except during periodic <br />9 review or other legislative review of the UGB, the local government may approve an application <br />10 under ORS 197.610 to 197.625 for a UGB amendment to add an amount of land less than <br />11 necessary to satisfy the land need deficiency determined under OAR 660-024-0050(4), provided <br />12 the amendment complies with all other applicable requirements. <br />13 (10) Lands included within a UGB pursuant to section (3) to provide for a particular industrial <br />14 use, or a particular public facility, must be planned and zoned for the intended use and must <br />15 remain planned and zoned for that use unless the local government removes the land from the <br />16 UGB. <br />17 OAR 660-024-0067 <br />18 Evaluation of Land in the Study Area for Inclusion in the UGB; Priorities <br />19 (1) When considering a UGB amendment, a local government outside of Metro must decide <br />20 which land to add to the UGB by evaluating all land in the study area determined under OAR <br />21 660-024-0065, as follows: <br />22 (a) Beginning with the highest priority category of land described in section (2) of this rule, <br />23 the local government must apply section (5) to determine which land in that priority category <br />24 is suitable to satisfy the need deficiency determined under OAR 660-024-0050 and select as <br />25 much of the land as necessary to satisfy the need. <br />26 (b) If the amount of suitable land in the first priority category in section (2) is not sufficient to <br />27 satisfy all the identified need deficiency, the local government must apply section (5) to <br />28 determine which land in the next priority is suitable and must select as much of the suitable <br />29 land in that priority as necessary to satisfy the need. The local government must proceed in <br />30 this manner until all the land need is satisfied. <br />31 (c) If the amount of suitable land in a particular priority category in section (2) exceeds <br />32 the amount necessary to satisfy the need deficiency, the local government must choose <br />33 which land in that priority to include in the UGB by applying the criteria in section (6) of <br />34 this rule. <br />35 (2) Priority of Land for inclusion in a UGB: <br />