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Ord 1417
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Ord 1417
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Last modified
9/1/2022 9:52:21 AM
Creation date
10/30/2024 4:07:48 PM
Metadata
Fields
Template:
Land Use
Case_Number
20-001
Document_Date
6/18/2020
Land Use Type
Zone Change
Tax_Lot_Number
062W17DC01100
Document_Type
Decision
Site_Address
8685 Portland Rd NE
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The proposed exception is for a specific situation at this 2.63-acre property and does <br /> not establish planning and zoning policy generally. OAR 660-004-0005(1)(a) is met. <br /> Applicant proposes removal of a limited use overlay to allow a use not permitted under <br /> the overlay applied at the time the original goal exception was taken. OAR 660-004- <br /> 0005(1)(b) is met. Under 197.732(2)(a), a local government may adopt an exception to <br /> a goal if the land subject to the exception is physically developed to the extent that it is <br /> no longer available for uses allowed by the applicable goal.1 This will be addressed <br /> below, along with the relevant provisions of OAR 660-004. The provisions of OAR 660- <br /> 011-0060, 660-012-0070, 660-014-0030, and 660-014-0040 do not apply to this <br /> application. OAR 660-004-0005(1)(c) is met. <br /> 4. Under OAR 660-004-0025(1), a local government may adopt an exception to a goal <br /> when the land subject to the exception is physically developed to the extent that it is no <br /> longer available for uses allowed by the applicable goal. OAR 660-004-0018 explains <br /> the requirements for adoption of plan and zone designations for exceptions. Under OAR <br /> 660-004-0018(2), for a "physically developed" exception to a goal, residential plan and <br /> zone designations shall authorize a single numeric minimum lot size and all plan and <br /> zone designations shall limit uses, density, and public facilities and services to those <br /> that satisfy (a) or (b) or (c) and, if applicable, (d): <br /> (a) That are the same as the existing land uses on the exception site; <br /> (b) That meet the following requirements: <br /> (A) The rural uses, density, and public facilities and services will maintain <br /> the land as "Rural Land" as defined by the goals, and are consistent with <br /> all other applicable goal requirements; <br /> (B) The rural uses, density, and public facilities and services will not <br /> commit adjacent or nearby resource land to uses not allowed by the <br /> applicable goal as described in OAR 660-004-0028; and <br /> (C) The rural uses, density, and public facilities and services are <br /> compatible with adjacent or nearby resource uses; <br /> (c) For uses in unincorporated communities, the uses are consistent with OAR <br /> 660-022-0030, "Planning and Zoning of Unincorporated Communities," if the <br /> county chooses to designate the community under the applicable provisions of <br /> OAR chapter 660, division 22; <br /> (d) For industrial development uses and accessory uses subordinate to the <br /> industrial development, the industrial uses may occur in buildings of any size and <br /> type provided the exception area was planned and zoned for industrial use on <br /> 1 Planning staff corrected the staff report at the initial hearing, noting that Applicant is taking a <br /> "physically developed," rather than "irrevocably committed," exception. <br /> ZC/CP 20-001 - DECISION 5 <br /> CHEMEKETA COMMUNITY COLLEGE <br /> 4840-6347-8718,v. 1 <br />
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