PLA25-045 Staff Decision - Laserfiche WebLink

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Finally, tax lots 100 and 200 were involved in one last property line adjustment case PLA20-018, which was supposed to result in a transfer of 20.36-acres from tax lot 100 into tax lot 200 and at the same time transfer 32.39-acres of land from tax lot 200 into tax lot 100. These areas of transfer can be seen on the tax map as current tax lots 102 and 201. In the process of executing PLA20-018, the applicants submitted the required replat per Condition #2, however they did not fully complete this condition of approval as they did not record new deeds to finalize the property line adjustment after the replat. This means that while the new configuration of properties should be tax lots 102 & 200 as one parcel and tax lots 100 & 201 as one parcel, these lots have not legally been created yet. Since the applicants are almost done executing the approval granted under PLA20-018, and because the only step left is easily rectifiable, this current proposal can be considered by staff with a condition in place that the parcel comprised of tax lots 102 and 200 (and the parcel comprised of tax lots 100 & 201) shall have the deeds required by a condition of case PLA20-018 recorded prior to submission of deeds for this current proposal. Therefore, while the parcel made up tax lots 102 & 200 is not technically legal, it can be made legal once the new property deeds are recorded. 3. Adjacent properties are varied and include several types of rural land use. Parcels to the north are zoned EFU and contain commercial farming operations, with some forest habitat in the riparian zoned buffering Alder Creek. To the east are parcels zoned FT which include a mixture of farm fields and commercial timber stands. To the south and west are a number of smaller parcels in use as small acreage homesites, mainly clustered around the Abiqua Creek and Spring Cliff Ln. Beyond these smaller lots are mostly larger commercial timber stand lots. 4. Soil Survey for Marion County, Oregon, indicates approximately 54.1% of the soils on the subject tax lots are classified as high value. 5. The applicants are proposing to adjust the property lines on a 26.51-acre parcel and an 81.20-acre parcel to create a 21.78-acre parcel and an 84.94-acre parcel. 6. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Surveyor’s Office commented: 1. No survey required for properties greater than ten acres per ORS 92.060 (8). 2. Property line adjustment deed(s) shall be recorded with the Marion County Clerk’s Office. Per ORS 92.190 (4). Other comments specific to this Planning Action: “Prior to the new PLA conveyance, it appears there is some deed cleanup work that needs to be done. The current deeds listed are in their 2013 configuration and in different ownership. I find no deed describing the ownership as Parcel 1, Partition Plat 2021-005.” Marion County Assessor’s Office provided information regarding taxes on the subject properties. All other contacted agencies either failed to comment or stated no objection to the proposal. 7. The criteria for reviewing lot line adjustments within an EFU zone are listed in Chapter 17.136.090(C) MCC. These criteria are as follows: 1. When one or more lots or parcels subject to a proposed property line adjustment are larger than the minimum parcel size pursuant to subsection (A)(1) of this section, the same number of lots or parcels shall be as large or larger than the minimum parcel size after the adjustment. When all lots or parcels subject to the proposed adjustment are as large or larger than the minimum parcel size, no lot or parcel shall be reduced below the applicable minimum parcel size. If all lots or parcels are smaller than th e minimum