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PUBLIC COMMENT - DAN TERRELL & BILL KLOOS ON BEHALF OF HBA (1-4-17)
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PUBLIC COMMENT - DAN TERRELL & BILL KLOOS ON BEHALF OF HBA (1-4-17)
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Last modified
8/24/2017 1:48:08 PM
Creation date
2/7/2017 10:47:35 AM
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Template:
PDD_Planning_Development
File Type
CA
File Year
17
File Sequence Number
1
Application Name
UGB ADOPTION PACKAGE
Document Type
Public Comments
Document_Date
1/4/2017
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Yes
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I proposed [UGB] requires inclusion of lower priority land in order to include or <br />2 provide services to higher priority land." <br />3 Because Goal 14 also plays a role in amending UGBs, and because there <br />4 is some tension or potential inconsistency between the Goal 14 Boundary <br />5 Location Factors and the ORS 197.298 priority scheme, in 1000 Friends of <br />6 Oregon v. LCDC, 244 Or App 239, 259 P3d 1021 (2011) (McMinnville), the <br />7 Court of Appeals went through a lengthy analysis of the interaction between <br />8 ORS 197.298 and Goal 14. In McMinnville, the Court of Appeals explained <br />9 that under ORS 197.298 and Goal 14, UGB amendments require a three-step <br />10 process. We summarize those three steps below, before turning to petitioners' <br />11 challenges to respondents' findings. <br />12 Under Step One, Goal 14 "Land Need" factors 1 and 2 are applied to <br />13 determine the amount of land needed: <br />14 "Establishment and change of urban growth boundaries shall be <br />15 based on the following: <br />16 "(1) Demonstrated need to accommodate long range urban <br />17 population, consistent with 20-year population forecast <br />18 coordinated with affected local governments; and <br />19 "(2) Demonstrated need for housing, employment opportunities, <br />20 livability or uses such as public facilities, streets and roads, <br />21 schools, parks or open space, or any combination of the <br />22 need categories in this subsection (2). In determining need, <br />23 local government may specify characteristics, such as parcel <br />24 size, topography or proximity, necessary for land to be <br />25 suitable for an identified need. Prior to expanding an urban <br />26 growth boundary, local governments shall demonstrate that <br />Page 20 <br />
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