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Ord 1434
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Ord 1434
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Last modified
9/1/2022 11:02:16 AM
Creation date
10/30/2024 4:10:15 PM
Metadata
Fields
Template:
Land Use
Case_Number
21-001
Document_Date
5/13/2021
Land Use Type
Zone Change
Tax_Lot_Number
041W34D000600
Document_Type
Decision
Site_Address
17874 SHANK RD NE
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"(c) For uses in unincorporated communities, the uses are consistent with <br /> OAR 660-022-0030, `Planning and Zoning of Unincorporated <br /> Communities', if the county chooses to designate the community <br /> under the applicable provisions of 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 <br /> any size and type provided the exception area was planned and zoned <br /> for industrial use on January 1, 2004, subject to the territorial limits <br /> and other requirements of ORS 197.713 and 197.714." <br /> Under OAR 660-004-0018(2), all plan and zone designations "shall limit uses, <br /> density, and public facilities and services" to either satisfy OAR 660-004-0018(2)(a, b or <br /> c).4 The proposed exception area would change 3 acres from farm use to industrial use, so <br /> 660-004-0018(a) is not applicable. OAR 660-004-0018(2)(c) applies to uses in <br /> unincorporated communities, so it is not applicable. Therefore, the applicant must satisfy <br /> OAR 660-004-0018(2)(b). <br /> OAR 660-004-0018(2)(b)(i) requires that the "rural uses, density, and public <br /> facilities and services will maintain the land as `Rural Land.'" Marion County has <br /> adopted a rural industrial zone which has been acknowledged as complying with Goal 14 <br /> (Urbanization). The zone ensures that rural uses will not exceed density limitations on <br /> rural land and will not commit rural uses to requiring an urban level of public facilities. <br /> As discussed later, the application is consistent with the remaining statewide planning <br /> goals. OAR 660-004-0018(2)(b)(i) is satisfied. <br /> OAR 660-004-0018(2)(b)(ii) requires that the "rural uses, density, and public <br /> facilities and services will not commit adjacent or nearby resource use to nonresource <br /> use." The proposed exception would only expand the existing industrial use, while the <br /> density would decrease as one parcel would essentially be eliminated, and the public <br /> In addition to satisfying one of the first three subsections of OAR 660-004-0018(2)(d),an applicant must also satisfy OAR <br /> 660-004-0018(2)(d)if it is applicable.As the property was not planned and zoned for industrial use on January 1,2004,OAR <br /> 660-004-0018(2)(d)is not applicable. <br /> CP/ZC/PLA 21-001—RECOMMENDATION- 16 <br /> WING PROPERTIES,LLC <br />
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