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AR25-008 Reconsideration
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AR25-008 Reconsideration
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Last modified
5/29/2025 10:57:26 AM
Creation date
5/29/2025 10:57:34 AM
Metadata
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Template:
Land Use
Case_Number
25-008
Document_Date
5/29/2025
Land Use Type
Administrative Review
Tax_Lot_Number
062W33B001400
Document_Type
Decision
Site_Address
5774 HAZELGREEN RD NE SALEM
Text box
ID:
1
Creator:
EDIAZ
Created:
5/29/2025 10:57 AM
Modified:
5/29/2025 10:56 AM
Text:
https://www.codepublishing.com/cgi-bin/oar.pl?cite=660
ID:
2
Creator:
EDIAZ
Created:
5/29/2025 10:57 AM
Modified:
5/29/2025 10:56 AM
Text:
https://www.codepublishing.com/cgi-bin/oar.pl?cite=660-004
ID:
3
Creator:
EDIAZ
Created:
5/29/2025 10:57 AM
Modified:
5/29/2025 10:56 AM
Text:
https://www.codepublishing.com/cgi-bin/oar.pl?cite=660-33-130
ID:
4
Creator:
EDIAZ
Created:
5/29/2025 10:57 AM
Modified:
5/29/2025 10:56 AM
Text:
https://www.codepublishing.com/cgi-bin/oar.pl?cite=660-33-130
ID:
5
Creator:
EDIAZ
Created:
5/29/2025 10:57 AM
Modified:
5/29/2025 10:56 AM
Text:
https://www.codepublishing.com/OR/MarionCounty/html/MarionCounty17/MarionCounty17136.html#17.136.140
ID:
6
Creator:
EDIAZ
Created:
5/29/2025 10:57 AM
Modified:
5/29/2025 10:56 AM
Text:
https://www.codepublishing.com/OR/MarionCounty/html/MarionCounty17/MarionCounty17136.html#17.136.060
ID:
7
Creator:
EDIAZ
Created:
5/29/2025 10:57 AM
Modified:
5/29/2025 10:56 AM
Text:
https://www.codepublishing.com/OR/MarionCounty/html/MarionCounty17/MarionCounty17136.html#17.136.060
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a. New schools may not be established on high-value farmland. <br />b. New schools not on high-value farmland may be established. Any new school within three miles of an <br />urban growth boundary shall meet the following standards: <br />i. No enclosed structure with a design capacity greater than 100 people, or group of structures <br />with a total design capacity of greater than 100 people, shall be approved, unless an <br />exception is approved pursuant to OAR Chapter 660, Division 004. <br />ii. Any new enclosed structure or group of enclosed structures subject to this section shall be <br />situated no less than one-half mile from other enclosed structures approved under OAR 660- <br />33-130(2) on the same tract. <br />iii. For the purposes of this subsection, “tract” means a tract as defined in MCC 17.136.140(F) <br />in existence on May 5, 2010. <br />c. New schools must be determined to be consistent with the provisions contained in <br />MCC 17.136.060(A)(1). <br /> <br /> The proposed expansion is for an existing use. The criteria do not apply. <br /> <br />B. Existing Schools Primarily for the Residents of the Rural Area in Which the School Is Located. <br />a. Existing schools on high-value farmland may be maintained, enhanced, or expanded on the same <br />tract wholly within a farm zone. <br />b. Existing schools not on high-value farmland may be maintained, enhanced, or expanded consistent <br />with the provisions contained in MCC 17.136.060(A)(1). <br />c. Existing enclosed structures within three miles of an urban growth boundary may not be expanded <br />beyond the limits in subsections (D)(1)(b)(i) through (iii) of this section. <br /> <br />The existing school is located on high-value farmland; therefore, it may be expanded on the current parcel. The <br />school is situated within three miles of the Salem/Keizer Urban Growth Boundary, making subsection (B)(c) <br />applicable. However, the criteria outlined in subsection 17.136.040(D)(1)(b)(i) through (iii) do not apply, as the <br />school was established prior to 2009 and already has a total design capacity exceeding 100 people, predating this <br />criterion. The school grades will be limited to kindergarten through 8th and the proposal will not require a goal <br />exception. Therefore, all applicable criteria is met. <br /> <br />C. Existing schools that are not primarily for residents of the rural area in which the school is located may be <br />expanded on the tax lot on which the use was established or on a contiguous tax lot owned by the applicant <br />on January 1, 2009; however, existing enclosed structures within three miles of an urban growth boundary <br />may not be expanded beyond the limits in subsections (D)(1)(b)(i) through (iii) of this section. <br /> <br />The applicants indicate that the existing school primarily serves the rural area of Salem/Keizer and that the <br />expansion will occur within the existing parcel. As previously stated, the limits in subsections (D)(1)(b)(i) through <br />(iii) do not apply. The criterion is met. <br /> <br />8. After the decision was released, the applicant requested a reconsideration to clarify the request was for <br />kindergarten through 8th grade. Based on the facts and findings above, the request can be approved for those <br />grades, subject to conditions. <br /> <br />9. Based on the above findings, it has been determined that the request satisfies all applicable criteria and is, <br />therefore, APPROVED, subject to conditions. <br /> <br /> <br />Brandon Reich Date: May 29th, 2025 <br />Planning Director/Zoning Administrator <br /> <br />If you have any questions regarding this decision contact Gillian Peden at (503) 588-5038 <br /> <br />Notice to Mortgagee, Lienholder, Vendor or Seller: ORS Chapter 215 requires that if you receive this Notice, it must <br />promptly be forwarded to the purchaser.
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