December 3-4, 2015 - LCDC Salem <br />Agenda Item 4, Attachment H <br />1 (3) After excluding land from the preliminary study area under section (2), the city must adjust <br />2 the study area, if necessary, so that it includes an amount of land that is at least twice the amount <br />3 of land needed for the combined need deficiency determined under OAR 660-038-0080 and <br />4 OAR 660-038-0150. <br />5 (4) For purposes of evaluating the priority of land under OAR 660-038-0170, the "study area" <br />6 shall consist of all land that is included in the preliminary study area described in section (1) of <br />7 this rule, after adjustments to the area based on sections (2) and (3). <br />8 (5) For purposes of subsection (4)(a), the city may consider it impracticable to provide necessary <br />9 public facilities or services to the following lands: <br />10 (a) Contiguous areas of at least five acres where 75 percent or more of the land has a slope of <br />11 25 percent or greater. Slope shall be measured as the increase in elevation divided by the <br />12 horizontal distance at maximum ten-foot contour intervals; <br />13 (b) Lands requiring the construction of a new freeway interchange, overpass, underpass, or <br />14 similar improvement to accommodate planned urban development providing such <br />15 improvement is not currently identified in the Statewide Transportation Improvement <br />16 Program (STIP) for construction within the planning period; <br />17 (c) Land that is isolated from existing service networks by physical, topographic, or other <br />18 impediments to service provision such that it is impracticable to provide necessary facilities <br />19 or services to the land within the planning period. The city's determination shall be based on <br />20 an evaluation of: <br />21 (A) The likely amount of development that could occur on the land within the planning <br />22 period; <br />23 (B) The likely cost of facilities and services; and, <br />24 (C) Any substantial evidence collected by or presented to the city regarding how <br />25 similarly situated land in the region has, or has not, developed over time. <br />26 (d) As used in this section, "impediments to service provision" may include but are not <br />27 limited to: <br />28 (A) Major rivers or other water bodies that would require new bridge crossings to serve <br />29 planned urban development; <br />30 (B) Topographic features such as canyons or ridges with slopes exceeding 40 per cent <br />31 and vertical relief of greater than 80 feet; <br />32 (C) Freeways, rail lines, or other restricted access corridors that would require new grade <br />33 separated crossings to serve planned urban development; <br />3 <br />