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ZCCP24-007 Staff Report
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ZCCP24-007 Staff Report
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Last modified
1/29/2026 8:18:00 AM
Creation date
1/29/2026 8:18:10 AM
Metadata
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Land Use
Case_Number
24-007
Document_Date
1/29/2026
Land Use Type
Zone Change
Tax_Lot_Number
041W23C000200
Document_Type
Decision
Site_Address
19937 Highway 99E NE
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<br /> <br /> <br />4 <br /> <br />Goal 14: Urbanization. The applicant is proposing to rezone rural residential land to Commercial <br />outside of the urban growth boundary. Therefore, the proposal complies with Goal 14 and does not <br />require an exception to Goal 14. <br /> <br />COMPREHENSIVE PLAN AMENDMENT <br />8. All Comprehensive Plan changes are subject to review by the State Department of Land <br />Conservation and Development (DLCD). DLCD was notified as required by State Law and <br />provided a letter requesting additional findings as the submitted findings were not sufficient. The <br />applicant has provided a response to this letter, bolstering their argument. Staff finds that the <br />additional submission by the applicant addresses the concerns raised by DLCD in their letter. <br /> <br />9. The Marion County Comprehensive Plan (MCCP) establishes procedures to be used when <br />considering plan amendments. Plan changes directly involving 5 or fewer property owners will <br />be considered a quasi-judicial amendment. The amendment will be reviewed by the zone change <br />procedures established in MCC 17.123. A plan amendment of this type may be processed <br />simultaneously with a zone change request with the zone change procedure outlined in Chapter <br />17.123 of the MCRZO. The subject property is comprised of one tax lot with one owner, all <br />having an existing use, the proposal can therefore be considered under the quasi-judicial <br />amendment process. <br /> <br />10. The MCCP does not contain specific review criteria for plan amendments; however, any <br />amendment must be consistent with its applicable goals and policies. The goals and policies that <br />apply in this case are located in the Rural Development Chapter and include policies for areas <br />designated Commercial: <br /> <br />A. “Strip-type” commercial or residential development along roads in rural areas shall be <br />discouraged. <br />B. Rural industrial, commercial, and public uses should be limited primarily to those activities <br />that are best suited to a rural location and are compatible with existing rural developments and <br />agricultural goals and policies. <br /> <br />No strip-type development is proposed. The majority of the parcels in the area are currently <br />developed with commercial uses or farm uses and any additional development would not be <br />expected to have any additional impact on surrounding agricultural and rural residential lands. <br />This zone change would extend the commercial zoning to the extent possible allowed by vacant <br />lands in the area, this would make the land more compatible with existing uses as there is already <br />commercial zoning to the south. The area already sees commercial traffic on 99E along with the <br />commercial farm businesses. The applicant did not show any proposed development on the site <br />plan but indicated that the proposal will expand an existing commercial node rather than create a <br />“strip type” development. This proposal would be compatible with existing uses in the area. <br /> <br />11. OAR 660-004-0018 (2) requires that “physically developed” and “irrevocably committed” <br />exceptions to goals, plan, and zone designations shall authorize a single numeric minimum lot <br />size and shall limit uses, density, and public facilities and services to those: <br />
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