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Ord 1312
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Ord 1312
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Last modified
9/1/2022 9:14:53 AM
Creation date
10/30/2024 3:18:23 PM
Metadata
Fields
Template:
Land Use
Case_Number
07-007
Document_Date
12/3/2008
Land Use Type
Subdivision
Tax_Lot_Number
082W30 00400
Document_Type
Decision
Site_Address
3710 BERGMAN PL SE
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9. When approving rural subdivisions and partitionings each parcel shall be approved as a dwelling <br /> site only if it is determined that the site: 1) has the capacity to dispose of wastewater; 2) is free from <br /> natural hazards or the hazard can be adequately corrected; 3) there is no significant evidence of <br /> inability to obtain a suitable domestic water supply; and 4) there is adequate access to the parcel. <br /> 10. All residential uses in rural areas shall have water supply and distribution systems and sewage <br /> disposal systems which meet prescribed standards for health and sanitation. <br /> 11. Rural residential subdivisions shall be required to have paved streets. <br /> The Board finds that these policies have been addressed elsewhere in these findings, including in <br /> conformance with applicable Marion County Code standards. Also, the proposed hotel will not be <br /> located in a natural hazard area and has adequate access. As explained in Section IX of these findings, <br /> the Board has found that water service for the hotel is feasible, and has conditioned its approval on the <br /> applicant's ability to provide adequate water supply and to obtain the necessary permit for a well. <br /> 12. Where a public or community service district exists, the extension of services within designated <br /> rural residential areas may be permitted. The district may be allowed to provide service extensions to <br /> lands outside the designated residential areas if necessary for health and safety reasons but the district <br /> shall only annex lands designated for residential use. <br /> 13. Where the use of community water supply systems are cost effective and there is not a service <br /> district able to provide the service they may be allowed. The availability of community water services <br /> shall not be considered justification for increasing the density of development beyond two acres per <br /> dwelling. <br /> The Board finds that these county policies are not relevant to this application because the applicant is <br /> not requesting annexation into a community service district. Additionally, the Board has adopted <br /> findings identifying the reasons why the policies and standards of Goal 14 should not apply to the <br /> present application, and explaining why the proposed development meets the applicable exception <br /> criteria. <br /> 14. In rural residential areas within one mile of an urban growth boundary, a redevelopment plan may <br /> be required as a condition of land division. The plan shall demonstrate that reasonable urban density <br /> development is possible should the urban growth boundary need to be expanded in the future. <br /> The proposed development is not within one mile of a UGB. <br /> 15. Where parcels of 20 acres or larger are suitable for rural residential development and previous <br /> nearby development does not create a precedent for conventional subdivision development, the <br /> developer shall be encouraged to cluster the residences through the planned development process to <br /> retain any resource use potential,preserve significant blocks of open space and wildlife habitat and to <br /> provide buffers between the residences and nearby resource uses and public roadways. <br /> The Board finds that this county policy is not stated as mandatory approval criteria,but creates <br /> aspirational goals directing the county to "encourage" clustering of residences to retain any resource <br /> use potential; as such,this general planning policy designed to "encourage" clustering in a certain <br /> location cannot be relied upon by the county as a means to deny the present subdivision application. In <br /> any event,the Board finds that the proposed development, through management practices created in <br /> conjunction with ODFW and other state and federal agencies, adequately preserves resources and <br /> -19- <br />
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