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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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residential parcels, and 82 dwellings. The subject Property is located in the northern <br />portion of the study area. The boundaries of the study area were drawn from all of the <br />surrounding Assessor Maps. <br />In the study area is the developed Enchanted Ridge Subdivision, Freeway Estates, and <br />sub -areas 4 and 5 of the Battle Creek/Delaney Interchange Exception Areas, as approved <br />by Marion County and the Land Conservation and Development Commission. Sub -area <br />4, specifically southeast of the 1-5 and Delaney Road interchange consists of the church <br />property, and other steep parcels that were deemed to be committed to development in <br />1979. To the south of sub -area 4 were 33 rural residential parcels, already zoned AR, that <br />were determined to be uncontested exception areas, see Applicant's Exhibit 105. <br />Adjacent to the uncontested exception areas lies the subject Property. <br />Sub -area 5 includes the subject Property, rural residential property to the west, and <br />commercial property to the south. This area was granted an exception to the Statewide <br />Planning Goals in 1979 because of prior approved development proposals, and pre- <br />existing AR zoned property. Sub -area 5 was considered a highly incompatible <br />environment for agricultural production due to the development proposals, and the <br />heavily parcelized (AR) zoned residential property to the north and west. The subject <br />Property is located in the middle of a vast area of highly developed small parcels, which <br />supports and justifies the exception here. <br />Location of urban levels of facilities and services: including at least public water and <br />sewer facilities: There are no public sewer or water facilities that are available to serve <br />the subject Property, or the surrounding areas. It is feasible for the subject Property to <br />obtain an adequate supply of quality water from domestic wells, and it is feasible for the <br />property to support on -site septic systems for the proper disposal of wastewater. The <br />urban services in the area include Portland General Electric, Northwest Natural Gas, Wave <br />Broadband, and Century Link, all of which provide all the necessary services to the Exception <br />Area. The subject Propery has legal and adequate access. These services <br />constitute an urban level of facilities and services. <br />Parcel sizes and ownership patterns: The small parcel sizes and non -resource uses are <br />detailed in the study area. The median parcel size is 2 acres and 91% of the parcels have <br />dwellings. This is exactly the kind of area that is acceptable for an exception to Goals 3 <br />and 14. <br />The combined adjacent ownerships only serve to further justify this exception because it <br />demonstrates that aside from the commercial properties, the combined ownerships <br />generally follow the pattern of small parcels with non -resource dwellings, which is exactly <br />what is proposed here. <br />26. Proposals to amend the comprehensive plan must be consistent with the Goals. The Applicant <br />addressed the Goals, and the exceptions to Goals 3 and 14 are justified as proposed. <br />COMPLIANCE WITH OTHER RELEVANT STATEWIDE GOALS & GUIDELINES <br />Goal 1: Citizen Involvement: Notice and the hearings process before the hearings officer and <br />this Board provide an opportunity for citizen involvement. Goal 1 is satisfied. <br />Exhibit A - Findings Case No. CP/ZC 21-005 19 <br />4864-0600-7078, v. 3 <br />
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