ZCCP24-007 Staff Report - Laserfiche WebLink

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2 B. The following are PW Engineering guidelines for future development: • Applicant will need to meet ODOT, Railroad and Marion County requirements for stormwater discharge • Applicant will need to coordinate access and utility extensions to Hwy 99E with ODOT. • Transportation System Development Charges (SDCs) will be assessed at the time of application for building permits. Oregon Department of Transportation (ODOT) commented: “We do not have any comments from the access management perspective, this segment of highway is not access controlled and the existing access to the site is presumed to be permitted.” Marion County Building Department commented: “No Building Inspection concerns. Permit(s) are required to be obtained prior to development and/or utilities installation on private property.” The Department of Land Conservation and Development (DLCD) provided a letter regarding the original submission from the applicant. The letter stated the application was not sufficient in their eyes. The applicant has since provided additional submissions to address their concerns. At the time of this staff report all other contacted agencies contacted either failed to respond or stated no objection to the proposal. STAFF FINDINGS AND ANALYSIS: 5. In land use actions of this type, the applicant has the burden of proving compliance with all applicable criteria. This report will outline the criteria that must be satisfied in order for an approval to be granted. If the applicant supplied argument or evidence to address specific criteria, the response will be summarized. The comprehensive plan criteria will be addressed first, followed by the zone change criteria. GOAL EXCEPTION 6. Land use applications of this nature must be consistent with Statewide Planning Goals. In this specific case, the subject parcel is covered by Statewide Goal 3 (Agriculture Land). There is a mechanism, however, for not applying the Goal to areas with certain characteristics. This mechanism is the Goal exception process that requires specific findings justifying why such lands are not available for resource use. There are three types of exceptions to Statewide Goals that may be granted. The first two are based on the concept that the subject property is “physically developed” or “irrevocably committed” to a certain use. The third is a “reasons” exception where there is a demonstrated need for the proposed use or activity. In this case, the applicant indicated that the proposal qualifies for an irrevocably committed exception. STATEWIDE PLANNING GOALS