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Staff Decision (3109)
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Staff Decision (3109)
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Last modified
5/17/2023 4:22:09 PM
Creation date
10/30/2024 3:20:17 PM
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Template:
Land Use
Case_Number
07-047
Document_Date
6/29/2007
Land Use Type
Partition
Tax_Lot_Number
071E07D 01100
Document_Type
Decision
Site_Address
3000 SEIMOLE RD NE
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c. Services that need to pass through agricultural lands... [Remaining language omitted. This does <br />not apply to this proposal.] <br />d. Forest and open spaces uses should be permitted... [Remaining language omitted. This does not <br />apply to this proposal.] <br />13. The non -farm uses proposed would be on parcels 1.84 size and 1.73 acres in size in an area already <br />characterized by rural residential homesites. No extension of services are proposed or would be required <br />if this proposal were approved and no services would need to pass through agricultural land. Open <br />space uses, such as farming, would be able to continue on the surrounding parcels if the partition and <br />dwellings were approved. The criteria in 12 are met. <br />14. Land division also has to be reviewed under the criteria in ORS 215.263 (1975): <br />a. Any proposed division of land included within an excusive farm use zone resulting in the <br />creation of one or more parcels of land of 10 or more acres in size may be reviewed and <br />approved or disapproved by the governing body of the county in which such land is situated. <br />The governing body of a county by ordinance of regulation may require such prior review and <br />approval for such divisions of land within exclusive farm use zones established within the <br />county. <br />b. Any proposed division of land included within an exclusive farm use zone resulting in the <br />creation of one or more parcels of land of less than 10 acres in size shall be reviewed and <br />approved or disapproved by the governing body of the county within which such land is situated. <br />c. If the governing body of a county initiates a review as provided in subsection (1) or (2) of this <br />section, it shall not approve any proposed division of land unless it finds that the proposed <br />division of land is in conformity with the legislative intent set forth in ORS 215.243. <br />d. This section shall not apply to land divided by lien foreclosure or court ordered partitioning, <br />included but not limited to partitioning by testate or intestate succession, or to the creation or sale <br />of cemetery lots, if a cemetery is within the boundaries designated for a farm use zone at the time <br />the zone is established. <br />15. The county is reviewing the proposal because the proposed parcels are each smaller than 10 acres in <br />size. A determination of whether the proposal complies with ORS 215.243 follows in item 16 below. <br />16. ORS 215.263 (c) requires the proposal be consistent with ORS 215.243: <br />a. Open land used for agricultural use is an efficient means of conserving natural resource that <br />constitute an important physical, social, aesthetic and economic asset to all of the people of this <br />state, whether living in rural, urban or metropolitan areas of the state. <br />b. The preserving of a maximum amount of the limited supply of agricultural land is necessary to <br />the conservation of the state's economic resources and the preservation of such land in large <br />blocks is necessary in maintaining the agricultural economy of the state and for the assurance of <br />adequate, healthful and nutritious food for the people of this state and nation. <br />c. Expansion of urban development into rural areas is a matter of public concern because of the <br />unnecessary increases in costs of community services, conflicts between farm and urban <br />activities and the loss of open space and natural beauty around urban centers occurring as the <br />result of such expansion. <br />
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