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laws enacted or enforced by a public entity other than the county; and (c) those laws not subject to ORS 197.352 including, without limitation, those laws exempted under section (3) of the Measure." As a result, the proposal must comply with all regulations and development standards that are exempt under ORS 197.352 in regards to public health and safety such as public works requirements and building and fire code standards. The applicant also obtained a waiver from the State of Oregon for the same use as required under ORS 197.352 provisions. 10. The subject property was zoned RAR in 1976; however the comprehensive plan designation is General Agriculture and Statewide Planning Goal 3 applied as of January 25, 1975. According to ORS 215.515 (d) one of the goals was to preserve prime farmlands for the production of crops. According to Goal 3 for Agricultural Lands in affect on January 25, 1975; guidelines were provided in deciding when to convert rural agricultural lands to urban uses. One of the criteria was to retain property in soil classes I through IV in farm uses. 100% of the soils on the subject property are class II and VI soils. State Planning Goal 3 — Agricultural Lands states in part: "Agricultural lands shall be preserved and maintained for farm use, consistent with the existing and future needs for agricultural products, forest and open space. These lands shall be inventoried and preserved by adopting exclusive farm use zones pursuant to ORS 215. Such minimum lot sizes are utilized for any farm use zones shall be appropriate for the continuation of the existing commercial agricultural enterprise in the area. In the Final Staff Report and Recommendation for MI19935 the Oregon Department of Land Conservation and Development found Kanagy v. Benton County (1992) to be applicable in this case. In Kanagy v. Benton County, the Oregon Court of Appeals found that parcels that constitute a commercial farm enterprise could be determined by the following four-part procedure identified below: a) Determine what current agricultural operations make up the agricultural enterprise of the county. b) Determine what size parcel is necessary to constitute a commercial agricultural operation. c) Determine what agricultural activities are suitable on the subject property. d) Determine whether the proposed parcels will result in parcels large enough to maintain the county's commercial agricultural enterprise. The existing parcel size is 3.5 acres; too small to be considered a commercial viable farm parcel. The proposal to divide the property further does not appear to be detrimental to farming in the area. Property further to the north is in an AR (Acreage Residential) zone and consists of rural residential homesites. Any impact on surrounding farmland will be evaluated later in this report when Oregon Statues are considered. The proposal meets the criteria in 10. 11. Although the property is now designated Farm/Timber, the property does not contain timber and the area close to the property is not characterized by timber. Instead, the property and the surrounding properties are being farmed. Goal 4, Forest Lands, does not apply. 12. Although the RAR zone in 1976 permitted single family dwellings and the divisions of land down to 6,000 square feet, Statewide Land Use Planning Goal 3, Agricultural Lands, applied: a. Non -farm uses permitted within farm zones under ORS 215.213 (2) and (3) should be minimized to allow for maximum agricultural productivity. b. Extension of services, such as sewer and water supplies into rural areas should be appropriate for the needs of agriculture, farm use and non -farm uses established under ORS 215.213.