Ord 1446 - Laserfiche WebLink

Home Browse Search

any other means needed to convey information about the factors set forth in this rule. For example, a local government may use tables, charts, summaries, or narratives to supplement the maps or photos. The applicable factors set forth in section (6) of this rule shall be shown on the map or aerial photograph. Goal 3 Exception 4. The Property is undeveloped and is currently partially assessed for farm use special assessment. The portions of the Property which comprise the Farm Parcel are currently in agricultural production. The Applicant is requesting a rezoning of the proposed Homesites on the grounds that the location and configuration of the Homesites, along with surrounding rural residential development on small sized lots, have irrevocably committed the Homesites to uses not allowed under Goal 3. 5. A determination that the Property is irrevocably committed requires an analysis of the relationship between the proposed exception area and the lands adjacent to it. OAR 660-004- 0028(2). A determination that the proposed residential parcels are irrevocably committed depends on the following: (1) the characteristics of the exception area; (2) the characteristics of the adjacent lands; and (3) other relevant factors included in OAR 660-004-0028(6). The factors in OAR 660-004-0028(6) are addressed below. 6. Characteristics. varcel size. and ownership pattern of the exception areas. The Exception Areas are part of the Property (85.60 acre parcel), that was created by Partition Plat 2009-043. The Exception Areas consist of two parts, the rural residential portions adjacent to the current homesites, and the remainder of the property. Both of which are within sub area #5 of the Battle Creek Delaney Road Interchange exception area, which was adopted prior to the adoption of the Marion County Comprehensive Plan. The properties north and south of the proposed Exception Areas were granted an exception at the request of Marion County due to the preliminary approval of a subdivision (Sunnyside Heights) on the 134 acres, in 1973; the property owner (Updegrave) subsequently agreed to reduce the number of lots in the development, and the corresponding exception area down to 44 acres in 1980. Mr. Updegrave chose to keep the 'gap' (Exception Area) open east of Valley View Way SE as a cut through from his adjoining farm to the east off of Parrish Gap Road SE, rather than having to drive his farm equipment north on Parrish Gap Rd, then west on Delaney Road, and east on Enchanted Way SE to the Property. The Exception Areas are designated as "Agricultural" under the Marion County Comprehensive Plan and Zoned "EFU." They are outside of both the City of Salem and the City of Turner UGBs and are outside of any city limits. There are no wetlands or flood plains on the Exception Areas. However, that portion of the Homesites lying east of Valley Way SE, is mapped with a landslide hazard zone, and is therefore subject to Marion County's "Geological Hazardous Areas Overlay Zone." The Homesites are also located within a "Sensitive Groundwater Overlay Zone," and contains steep slopes that are not safe to farm. The Homesites are irregularly shaped and separated from the larger Farm Parcel by Enchanted View Lane SE, Valley Way SE, and Enchanted Ridge Court SE. In addition to the roads, the Homesites have Portland General Electric, Northwest Natural Gas, Wave Broadband, and Century Link phone line utilities installed underground along the front portions of the Exhibit A - Findings Case No. CP/ZC 21-005 6 4864-0600-7078, v. 3