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The Salem/Keizer Public School District concluded that the <br />proposed partition will increase school population by one student. <br /> <br />Area Advisory Committee %1 opposed the proposal because of <br />groundwater concerns. <br /> <br />Ail other contacted agencies either failed to comment, or stated <br />on objection to the proposal. <br /> <br />V. Additional Findings of Fact and Conclusions of Law <br /> <br />Applicant has the burden of proving all applicable standards and <br />criteria are met. <br /> <br />According to MCS?O VII.2, the Planning Director shall determine <br />whether a partitioning application is approved or denied. The <br />Planning Director had the power to decide this matter. <br /> <br />Under MCSPO VII.8, interested persons may appeal a partitioning <br />decision no later than 15 days after the decision is mailed. <br /> <br />The Planning Director approved the subject applicatign, with <br />conditions, on October 21, 2002. Neighboring property owners <br />appealed the decision on November 4, 2002. Interested persons <br />filed the appeal within appropriate times limits. The appeal is <br />allowed. <br /> <br />Under MCSPO VII.9, the hearings officer shall conduct a public <br />hearing on appeal of the Planning Director's decision. The <br />hearings officer may hear and decide this matter. <br /> <br />Under MCSPO III.l, when considering a partitioning plan, the <br />hearings officer shall consider whether the plan is in accordance <br />with the adopted ordinances, comprehensive plans and land <br />development policies of Marion County. The hearings officer may <br />condition the application to bring it into compliance with <br />applicable ordinances and regulationsl <br /> <br />Under MCCP rural residential policy 8, homesites should be 1.5 <br />acres to 3.0 acres in size. Under MCZO 128.090, the AR zone <br />contains a minimum lot size of 1.5 acres. But, under OAR 660-004- <br />0040(5) (a), a rural residential zone currently in effect is deemed <br />to comply with statewide planning goal 14 if that zone requires <br />any new lot or parcel to have an area of at least two acres. No <br />goal 14 exception is requested, and the minimum lot size is two <br />acres. The resulting 2.18 acre parcels are consistent with the <br />OAR, MCCP, and MCZO parcel size requirements. <br /> <br />Under MCCP rural residential development policy 9, when approving <br />partitions, each parcel shall be approved as a dwelling site only <br /> <br />P 02-21 - ORDER -8 <br />KOLOEN <br /> <br /> <br />