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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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it would practically affect the Property in a negative manner in the future. Rather, Staff finds <br />that the exceptions process and public comment/participation will act as a sufficient barrier to <br />prohibit further parcelization of the Farm Parcel, unless Marion County includes this property <br />in a future legislative process to add more acreage residential property to Marion County's <br />inventory. <br />17. Staff initially found that the proposal does not meet the criteria for an irrevocably committed <br />exception in OAR 660-004-0028, and if the Property were to be considered as one parcel, such <br />a finding is accurate. However, the Property does not need to be considered as a whole, because <br />the Homesites and the Farm Parcel are distinguishable, the relationship between the Farm <br />Parcel and the adjacent lands and the Homesites and the adjacent lands is different. When <br />looking at the Farm Parcel, the consolidation of acreage and the buffering used as justification <br />in the original exception narrative remains true. The record supports a determination the Farm <br />Parcel remains large enough that the buffering from the adjacent residential parcels and the <br />associated infrastructure is adequate to allow for continued resource use. There is adequate <br />maneuvering space for large equipment, the slopes within the Farm Parcel are manageable, and <br />the lack of utilities and roadways allow for a variety of resource uses. Although the Farm Parcel <br />should continue in agricultural production, the Homesites are irrevocably committed to <br />residential use because the relationship of these portions of the Property is constrained by both <br />the characteristics of the surrounding area and its relationship to the adjacent lands. <br />18. A determination that the Property is irrevocably committed requires an analysis of the <br />relationship between the proposed exception area and the lands adjacent to it. OAR 660-004- <br />0028(2). Applicant provided evidence into the record showing that the surrounding area is <br />heavily developed with acreage residential and commercial properties with minimal resource <br />uses in the vicinity and with only a single adjacent resource use, the farm use to the east. The <br />remainder of the surrounding properties are developed with various rural residential <br />subdivisions or commercial uses, as shown in Applicant's Exhibit 104. The existing rural <br />residential uses applied to the Property, were permitted via the historical exception committing <br />those areas to rural residential use. This has created a unique context in which there is a <br />substantial amount of urban -rural interface, which is not seen in other areas within Marion <br />County. This unique configuration has created a highly incompatible environment for the use <br />of the Homesites for viable (gross profitable) agricultural production, in a manner that was <br />anticipated in the historical exception for these surrounding properties. In the historic exception <br />narrative, the goal was to allow for a modified development, under which the "best grazing <br />land will be retained, and the density will be reduced to conform better with the rural character <br />of the area." Applicant has provided evidence in the record that demonstrates that the <br />Application is consistent with the original intent and purpose of the application of the historic <br />exception. At the time, the Property was owned in conjunction with the agricultural parcel to <br />the east. However, that parcel has subsequently been sold and the lack of contiguous ownership <br />has rendered the original facts that lead to the existing configuration of the applied exception <br />areas moot. As a result, the Homesites are no longer in use as a pathway between the two <br />properties. The Homesites have always been impracticable to farm, it has been the lack of using <br />these areas as access points that has led to the realization that the Homesites are impracticable <br />to farm. <br />19. DLCD commented in a letter submitted in response to this Application that a lack of <br />commercial viability alone does not render the farm use impracticable to a degree that the <br />Homesites are irrevocably committed to non -resource use. This is true; however, Applicant <br />Exhibit A - Findings Case No. CP/ZC 21-005 13 <br />4864-0600-7078, v. 3 <br />
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