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Ail other contacted agencies either failed to comment, or stated on objection to the proposal. V. Additional Findings of Fact and Conclusions of Law Applicant has the burden of proving all applicable standards and criteria are met. According to MCSPO VII.2, the Planning Director shall determine whether a partitioning application is approved or denied. The Planning Director had the power to decide this matter. o Under MCSPO VII.8, interested persons may appeal a partitioning decision no later than 15 days after the decision is mailed. The Planning Director approved the subject application, with conditions, on October 21, 2002. Neighboring property owners appealed the decision on November 4, 2002. Interested persons filed the appeal within appropriate times limits. The appeal is allowed. o Under MCSPO VII.9, the hearings officer shall conduct a public hearing on appeal of the Planning Director's decision. The hearings officer may hear and decide this matter. Under MCSPO III.l, when considering a partitioning plan, the hearings officer shall consider whether the plan is in accordance with the adopted ordinances, comprehensive plans and land development policies of Marion County. The hearings officer may condition the application to bring it into compliance with applicable ordinances and regulations. Under MCCP rural residential policy 8, homesites should be 1.5 acres to 3.0 acres in size. Under MCZO 128.090, the AR zone contains a minimum lot size of 1.5 acres. But, under OAR 660-004- 0040(5) (a), a rural residential zone currently in effect is deemed to comply with statewide planning goal 14 if that zone requires any new lot or parcel to have an area of at least two acres. No goal 14 exception is requested, and the minimum lot size is two acres. The three resulting parcels are 2.0 acres or more, and are consistent with OAR, MCCP, and MCZO parcel size requirements. Under MCCP rural residential development policy 9, when approving partitions, each parcel shall be approved as a dwelling site only if it is determined that the site 1) has the capacity to dispose of wastewater; 2) is free from natural hazards or the hazard can be adequately corrected; 3) there is no significant evidence of inability to obtain a suitable domestic water supply; and 4) there is adequate access to the parcel. o Steep slopes may restrict the site's suitability for wastewater disposal, but applicant noted that other parcels in the area have P 02-22 - ORDER -8 KOLOEN