Ord 1446 - Laserfiche WebLink

Home Browse Search

taken. This subsection shall not be construed to imply that creation of new lots or parcels two acres or larger always complies with Goal 14. The question ofwhether the creation of such lots or parcels complies with Goal 14 depends upon compliance with all provisions of this rule. (b) Each local government must specify a ininimum lot size for each rural residential area. (c) If, on October 4, 2000, a local government's land use regulations speck a minimum lot size of two acres or inore, the area of any new lot or parcel shall equal or exceed the minimuin lot size that is already in effect. 23. Under OAR 660-004-0040(6), on October 4, 2000, Marion County's land use regulations contained the AR-2 zone, a rural residential zone. All of the proposed rural residential lots within the residential exception areas will be greater than 2 acres in size meeting the AR-2 minimum lot size. Further, the new lots will be zoned AR-2, thus meeting the Goal 14 requirements. 24. Under OAR 660-004-0040(8), none of the proposed lots will be less than 2 acres in size, therefore the provisions of OAR 660-004-0040(8) are not applicable to this application. 25. Under OAR 660-014-0030 the finding that the subject Property is irrevocably committed to urban levels of development can satisfy the Goal 2 exceptions standards (e.g., that it is not appropriate to apply Goal 14's requirement prohibiting the establishment of urban uses on rural lands) where, as here, the conclusion that the subject property is irrevocably committed to urban levels of development is made and supported by the evidence in the record. Where such a finding is made, the four factors in Goal 2 and OAR 660-004-0020(2) need not be addressed. The decision to approve the Application is based on site specific facts and a detailed land use inventory of the surrounding area. These findings clearly set forth the justification for granting the irrevocably committed exception. The exception area is detailed on Map 8.3W.36, as Tax Lot 400, a copy of which is included in the record. OAR 660-014-0030(3) lists the following factors to be considered when determining whether land is committed to urban levels of development: Size and extent of commercial uses: There are 17 parcels of land that are in commercial uses in the study area, and the majority of those lie adjacent (south) or near (north) o f the subject Property. The exact location, ownership, use, tax value, structures and much more information is included in the record (Applicant's Exhibit 104) as to each of these 17 parcels. Sub -area 5 of the Battle Creek/Delaney Interchange Exception Areas, as approved by Marion County and the Land Conservation and Development Commission, lies within the study area and consists of the Enchanted Forest amusement park, the former Thrillville amusement park, and adjacent RV park. This commercial area was granted an exception due to the development proposals and approvals. These commercial uses are not on the subject Property, but they are adjacent to, or on nearby properties. They play a small part in the discussion here of the irrevocable commitment to non -resource uses. Location. number and density of residential dwellings: In the study area there are 90 rural Exhibit A - Findings Case No. CP/ZC 21-005 18 4864-0600-7078, v. 3