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Ord 1446
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Ord 1446
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Last modified
6/28/2023 4:21:35 PM
Creation date
10/30/2024 4:10:25 PM
Metadata
Fields
Template:
Land Use
Case_Number
21-005
Document_Date
8/24/2022
Land Use Type
Zone Change
Document_Type
Decision
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farm that area with the large-scale heavy machinery used in modern farming operations. When <br />tenant farmers were accessing the Property, they were required to travel along public and <br />private roadways to access the Property, leave that road system, cross private property outside <br />of the Enchanted Ridge subdivision, then enter back into the Property, using the existing <br />residential access which is a system of private roads that further limit the ability to farm the <br />balance of the Property. <br />As the residential area around the Property developed under the previously applied goal <br />exception, there has been an increase in residential traffic, including an increased level of <br />vehicular, bike, and pedestrian traffic which has increasingly limited the hours of farm <br />operation due to the noise, dust, and inability to maneuver large farm equipment around <br />residential traffic and over the maze of roads that bisects the Property. These limitations have <br />rendered the resource use impracticable, making the barriers to farming the Homesites <br />unsustainable. <br />Applicant has provided a letter from the neighboring farm property owner (Doerfler Farms) to <br />the east, off of Parrish Gap Road, outlining how the entire ,Property is so restricted as to make <br />farming of the Property impracticable. If Doerfler Farms finds that the Property is too <br />impracticable to farm and walked away from fanning it, this makes the Homesites even more <br />impracticable as has been noted above. <br />This application of the goal exception process is consistent with the type of analysis that is <br />required for determining whether farm use on a property has been rendered "impracticable." <br />While cost alone is not dispositive to determine whether land zoned for exclusive farm use is <br />"impracticable" as statutorily defined, a local jurisdiction is not precluded in evaluating <br />whether "the current employment of the land for the primary purpose of obtaining a profit in <br />money by engaging in specified farm or agricultural activities" is rendered impracticable by <br />virtue of the level of costs or expenses required. Wetherell v. Douglas Cty., 342 Or. 666, 160 <br />P.3d 614 (2007). However, in this instance it is a factor weighing in favor of a determination <br />that the Homesites are irrevocably committed by the adjacent development. <br />The Farm Parcel itself is not as steeply sloped as the surrounding area and the impact of the <br />adjacent residential development is somewhat minimized by the location of the utilities and <br />roads along only the developed portions of the perimeter, committing.a smaller proportion of <br />the Property to irrevocable development. The Farm Parcel will still be accessed via the private <br />road on the north, but crossings across Enchanted Ridge Court SE and Valley View Way SE <br />will be eliminated and more of the work will be confined in a specified, usable area. Rather <br />than allowing for a cascading effect, permitting unrestricted residential development in the <br />area, reconstructing the Property in this way attempts to constrain the proposed residential <br />development to those parcels that are already constricted by the existing residential uses while <br />maintaining the land that may be feasibly employed for agricultural production, although at a <br />reduced parcel size, requiring the application of a Goal 3 exception. <br />The Applicant proposed to place a restrictive covenant on the Farm Parcel as a condition of <br />approval for this Application in order to prevent concern by DLCD and others that this <br />proposed change would result in a cascading effect on the Farm Parcel rendering it <br />impracticable to farm. Staff has considered the restrictive covenant and does not agree with <br />adding it as a condition of approval. Staff finds that the restrictive covenant would not be <br />consistent with Marion County's land use program. Meaning, if Marion County desired to <br />initiate a county wide legislative process to change certain SA or EFU zoned properties to AR, <br />Exhibit A - Findings Case No. CP/ZC 21-005 12 <br />4864-0600-7078, v. 3 <br />
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