Employment, Parks, Schools Ordinance (County) (all other)- Planning Commission Recommendation (3 of 4)

This threshold factor, explained by the Court of Appeals in the McMinnville decision, is required to make sure that the supply of land included in a UGB expansion can actually be developed. The Court of Appeals stated that "any necessary UGB amendment process for purposes of land development begins with the identification of buildable land that is contiguous to the existing [urban growth] boundary." 1000 Friends of Oregon v. LCDC, 244 Or App 239, 262 (2011). In that case, the Court of Appeals explained that the determination as to whether candidate land is "inadequate," as that term is used in ORS 197.298(1) and (3), cannot be made until unbuildable land has been dismissed from consideration.' For purposes of a UGB amendment to add employment land, the City must dismiss land that is encumbered with "development constraints," as that term is defined for potential industrial land at OAR 660-009-0005. OAR 660-009-005(2) provides that "development constraints" means: 'factors that temporarily or permanently limit or prevent the use of land for economic development. Development constraints include, but are not limited to, wetlands, environmentally sensitive areas such as habitat, environmental contamination, slope, topography, cultural and archeological resources, infrastructure deficiencies, parcel fragmentation, or natural hazard areas." The City's EOA, located at Part II of its Employment Land Supply Study, identifies four development constraints that would limit or prevent the siting of a new industrial use of the type the City can reasonably expect to attract during the 20-year planning period.' Therefore, those constraints are the ones applied by Eugene. They are: • Land that has a slope of 5 percent or greater based on the United States Geological Survey's 10-meter digital elevation models • Land within the Special Flood Hazard Areas (SFHA) identified on the applicable Flood Insurance Rate Map (FIRM )6 • Land subject to Statewide Planning Goal 5 protections that are designated in an acknowledged comprehensive plan' ' The Court explained that this initial basis for dismissal of land, which is explicitly stated in the statutes that govern UGB expansions for residential land, is clearly required for employment land as well. 1000 Friends of Oregon v. LCDC, 244 Or App 239, 262 (2011). See also, OAR 660-024-0060(1)(e), stating that the determination of suitable land to accommodate land needs must include consideration of any provisions of law applicable in determining whether land is buildable. ' While "parcel fragmentation" is listed in OAR 660-009-005(2) as a constraint, it is addressed in this analysis under (2), below, through the requirement that expansion "sites" must meet minimum size characteristics with a maximum number of tax lots. s http://nationalmap.gov/elevation.html 6 https://www.eugene-or.gov/1945/Flood-Zones-and-Terms ' Lane County's Goal 5 program protects mineral and aggregate resources by designating land in the Metro Plan as "Sand and Gravel." With that designation, the parcels do not fall into any of the ORS 197.298(1) priority categories. Even if Goal 5 Sand and Gravel land did fall into a priority category, it would be summarily removed from further consideration at this stage because the Goal 5 protections that apply to the entire site prevent its redevelopment for industrial uses. Only after such a site has been removed from the County's Goal 5 inventory could it be considered for other uses. Appendix B to Findings May 2017 Page 4