SUBV25-001 PC Decision - Laserfiche WebLink

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FINDINGS AND CONCLUSIONS: The Planning Commission decision is based on the following findings and conclusions. 1. The subject property is designated Rural Residential in the Marion County Comprehensive Plan and correspondingly zoned AR (Acreage Residential). The property is not within any UGB (Urban Growth Boundary). The purpose and intent of the acreage residential zone is to provide appropriate regulations governing the division and development of lands designated rural residential in the Marion County Comprehensive Plan. Acreage residential zones are areas that are suitable for development of acreage homesites. Such areas are necessary to meet the housing needs of a segment of the population desiring the advantages of a rural homesite. It is the intent that residential sites be provided with adequate water supply and wastewater disposal without exceeding the environmental and public service capability of the area or compromising the rural character of the area. 2. The property is on the north side of Highway 22, less than a half mile north of the Aumsville UGB. The property is located approximately a quarter mile south of Brownell Dr SE, and 200-feet west of Peter Rd SE. The only frontage on a public road is via an access point on the northeastern corner of the subject property which meets Peter Rd SE approximately 850-feet south of where Peter Rd SE meets Brownell Dr SE. The property has no mapped geohazard, floodplain, or wetlands. The southwestern corner is adjacent to a pond and mapped wetlands on another property. The entire parcel consists of hydric soils, and slopes generally towards the southwestern corner. The property is located within an SGO (Sensitive Groundwater Overlay) zone. The applicant has an approved and peer-reviewed hydrogeology report for the proposed lots indicating that there is a viable, long-term supply of groundwater available for the new residential wells. 3. Most adjacent properties to the north, east and west are zoned AR and developed with single family homes. The property directly north is developed with a religious organization. Properties to the east of Peter Rd SE are zoned EFU (Exclusive Farm Use) and are in active farm production, producing primarily hay, grass seed or Christmas trees. To the south are properties zoned SA (Special Agriculture) in agricultural use adjacent to Highway 22. South of Highway 22 is the City of Aumsville. 4. The applicant is proposing to subdivide a 24.60-acre parcel into seven lots which would all be served by a single private road. Six of these seven lots would not have frontage on a public road. To exceed the maximum of four lots without frontage on a public road (MCC 17.110.800) the applicant proposes a variance. AGENCY COMMENTS: 5. Marion County Planning requested comments from various agencies. Those comments provided are included as follows in this section. Public Works Land Development and Engineering (LDEP) requested that the following be included in the staff report for consideration by the Planning Commission. ENGINEERING CONDITIONS Condition A – Prior to Plat approval, provide a notarized Non-Remonstrance Agreement to be recorded concurrently with the subdivision plat documenting agreement for cooperative, collective financial cost sharing by the Developer with the adjacent Apostolic Church organization toward an annual Peter Road lignin dust suppression application, and, for financial participation toward a potential Peter Road future paving project. Nexus is attributable to the anticipated increase in traffic. The Condition is in keeping with MCC 17.110.780(A), 17.110.800 and 17.172.320. Please note the Apostolic Christian Faith Church of Silverton (TL# 081W19C002501) has recorded a like agreement with Marion County at Reel 4027 / Pg 122. Condition B – Prior to plat approval provide a notarized Road Maintenance Agreement for the private access easement to be recorded concurrently with the subdivision plat. Condition C –Prior to subdivision plat approval, design and construct a minimum 20-foot wide private all-weather access road in substantial conformance with approved engineering plans as certified by the Engineer-of-Record.