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Ord 1425
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Ord 1425
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Last modified
9/1/2022 10:59:55 AM
Creation date
10/30/2024 4:08:11 PM
Metadata
Fields
Template:
Land Use
Case_Number
20-003
Document_Date
11/30/2020
Land Use Type
Zone Change
Tax_Lot_Number
082W04C001200
Document_Type
Decision
Site_Address
5711 GAFFIN RD SE
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EXHIBIT A <br /> C. For which the uses, density, and public facilities and services are consistent <br /> with OAR 660-022-0030, 'Planning and Zoning of Unincorporated <br /> Communities', if applicable, or <br /> D. That are industrial development uses, and accessory uses subordinate to the <br /> industrial development, in buildings of any size and type, provided the <br /> exception area was planned and zoned for industrial use on January 1, 2004, <br /> subject to the territorial limits and other requirements of ORS 197.713 and <br /> 197.714. <br /> 8. Some of the subject properties are currently developed. It is not within an <br /> unincorporated community and is not in industrial use. Marion County has adopted <br /> a rural commercial zone which has been acknowledged as complying with Goal 14, <br /> Urbanization. The zone ensures that rural uses will not exceed density limitations <br /> on rural land and will not commit rural uses to requiring an urban level of public <br /> facilities. The commercial uses which would be allowed under the county's <br /> Commercial zone would be able to be supported on solely a rural level of public <br /> services, including rural septic service, and would be similar to the types of uses <br /> found in the surrounding land to the east, which is zoned Commercial. While there <br /> are parcels in the north and eastern area that are zone Special Agriculture, <br /> because of the existing development in the immediate area, most of the properties <br /> in the immediate vicinity are residential /commercial and are not being farmed. The <br /> property cannot be farmed in conjunction with any other parcels in the area. No <br /> urban public services will be needed to serve the site. The parcels in the area <br /> already consist of properties in commercial or residential use. Based on the <br /> evidence and findings provided by the Applicant and summarized here, the <br /> proposal meets the criteria for a goal exception. <br /> 9. OAR 660-004-028 specifies that a local government may adopt an exception to a <br /> goal when the land subject to the exception is irrevocably committed to uses not <br /> allowed by the applicable goal because existing adjacent uses and other relevant <br /> factors make the uses allowed by the applicable goal impracticable. It further <br /> stipulates that whether land is irrevocably committed depends on the relationship <br /> between the exception area and the lands adjacent. The findings for a committed <br /> exception therefore, must address the following: <br /> A. The characteristics of the exception area; <br /> B. The characteristics of the adjacent area and the lands adjacent to it; and <br /> C. The relationship between the exception area and the lands adjacent to it; and <br /> D. The other relevant factors set forth in OAR 660-04-028(6). <br /> OAR 660-004-028(6) referenced above indicates that findings of fact for a committed <br /> exception shall address the following factors: <br /> A. Existing adjacent uses; <br /> ZC/CP 20-003- RECOMMENDATION -6 <br /> M.F. BAKKE, ET AL <br />
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