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1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 §~ g 23 ,~ ~ 24 25 26 Page denser, residential development on adjoining lands. Under the priorities given to commercial farming opera- tions in the State of 0regon, ORS 215.203 et seq. and in Marion County Comprehensive Plan, pages 16-26, the favored use on EFU land is the farm use. These conflicts do not constitute relevant issues in this appeal because the use and the expansion of the use is permitted. The issues before the Hearings Officer on this appeal are Floodplain Development issues. These have been addressed by the Planning Division as follows: The proposed ponds will consist of two types, an in- ground pond and an above-ground concrete tank affixed to a foundation. Due to the nature of the proposal most of the provisions of Section 178.060 do not apply to fish ponds. The in-ground ponds, due to on-site disposal of the excavation material, has the same impact as fill. The floodplain regulations allow filling within the floodplain but not within the floodway. Since none of the property is within the identified floodway the proposed in-ground tank would comply with the standards of 178.060. The above-ground concrete tanks, however, are regulated by the provisions of 178.060(c) (non-resi- dential development). Compliance with these standards require that the concrete ponds have structural compon- ents capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy and they shall, be anchored to prevent flotation, collapse or lateral movement of the structure. These standards must be certified by a Registered Professional Engineer. AS an alternative to the above certification requirements, the applicants could locate the concrete ponds within 100 feet of the north property line on a portion of the property line outside of the identified floodplain. Provided these requirements are addressed the proposal will comply with the provisions of the Floodplain Overlay zone. Planning did testify that the Koi is an exotic fish and as such an applicable exotic fish permit is required by the State. With the proper permits and certificates, this applica- tion meets the requirements of 178.060. The subject property consists of two contiguous parcels in the EFU zone. For land use purposes, these two tax lots are considered as one parcel unless and until a partitioning is granted. MCZO 156.130. That action has not been applied for and is not addressed in this CU/FP 88-8/0RDER - ~