PUBLIC COMMENT - DAN TERRELL & BILL KLOOS ON BEHALF OF HBA (1-4-17)

December 3-4, 2015 - LCDC Salem Agenda Item 4, Attachment H 1 (3) When the primary purpose for expansion of the UGB is to accommodate a particular 2 industrial use that requires specific site characteristics, or to accommodate a public facility that 3 requires specific site characteristics, and the site characteristics may be found in only a small 4 number of locations, the preliminary study area may be limited to those locations within the 5 distance described in section (1) or (2), whichever is appropriate, that have or could be improved 6 to provide the required site characteristics. Site characteristics may include but are not limited to 7 size, topography and proximity. For purposes of this section: 8 (a) The definition of "site characteristics" in OAR 660-009-0005(11) applies for purposes of 9 identifying a particular industrial use. 10 (b) A "public facility" may include a facility necessary for public sewer, water, storm water, 11 transportation, parks, schools, or fire protection. 12 (4) The local government may exclude land from the preliminary study area if it determines that: comment [JRV1]: Has DLcD considered an opportunity for a city to exclude "all or portions of 13 (a) Based on the standards in section (7) of this rule, it is impracticable to provide necessary land" if the resource is not fully encumbering the and? Or is this the intent of OAR 660-038- 14 public facilities or services to the land; 0170(5)(b)? 15 (b) The land is subject to significant development hazards, due to a risk of: 16 (A) Landslides: the land consists of a landslide deposit or scarp flank that is described 17 and mapped on the Statewide Landslide Information Database for Oregon (SLIDO) 18 Release 3.2 Geodatabase published by the Oregon Department of Geology and Mineral 19 Industries (DOGAMI) December, 2014, provided that the deposit or scarp flank in the 20 data source is mapped at a scale of 1:40,000 or finer; 21 (B) Flooding including inundation during storm surges: the land is within the Floodway , Comment [JRV2]: Per section 7, subsection 4 of 22 or Special Flood Hazard Area (SFHA) identified on the applicable Flood Insurance Rate HB 2254, "the commission by rule shall determine 23 Ma (FIRM); the circumstances in which and the resources to " p which this exclusion will apply to . ODFW supports a city having an opportunity to exclude the resources 24 (C) Tsunamis: the land is within a tsunami inundation zone established pursuant to ORS listed in this section, especially given the potential conflict when a development action is proposed. 25 455.446; However, there are situations where these resources (i.e., critical/essential habitat, state/federal scenic waterways, scenic/recreation 26 ~(c) The land consists of a significant scenic natural cultural or recreational resource areas)' may be within a JGB is they remain ' , , protected. ODFW s concern is a city not excluding 27 described in this subsection: and then assuming that these resources/habitats are 100% buildable or compatible with urban uses. ODFW still strongly recommends an opportunity for 28 (A) Lands that are designated on an acknowledged comprehensive plan prior to a second screen with coordination of appropriate 29 initiation of the UGB amendment, or that are mapped on a published state or federal agencies, where a city may further evaluate these resources for compatibility and make the 30 inventory at a scale sufficient to determine its location for purposes of this rule, as: determination to exclude prior to finalizing their UGB expansion area, or accounting for the reduction in buildable land capacity. It seems this 31 (i) Critical or essential habitat for a species listed by a state or federal agency as second screen for excluding the listed resources (as proposed in 660-038-0170(5)(b)), would be 32 threatened or endangered; consistent with the direction in HB 2254 for the commission to determine the circumstances in which the exclusion will apply to.