PLA25-047 Staff Decision - Laserfiche WebLink

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building permits for the home on the 4.87-acre parcel. In short, Mr. Johnston is asking for ratification of his previous, unauthorized actions.” P/LLA/CU93-049 was denied by the Hearings Officer. The next year, LLA/CU94-012 was submitted and approved. LLA/CU94-012 was for a lot line adjustment between a 20-acre parcel and 116-acre parcel to create a 4.97-acre parcel and a 131.03-acre parcel with a concurrent conditional use application to place an additional farm related dwelling on the resulting 131.03-acre parcel on the property located at 7881 Sleepy Hollow Road NE and 17824 Arbor Grove Road NE. While LLA/CU94-012 was approved, the required survey to show the 131-acre parcel as a single parcel was never recorded with the County. It is now a little over 30 years later, and applicants of this property line adjustment (PLA25-047) have proposed a modified request which could remedy the previous discrepancies between ownership and legal lot configuration. This request is to additionally involve the property also owned by Coleman Farms, Inc and Fairfield Farms, Inc on the eastern side of Case Creek. This farm at 17824 Arbor Grove Rd NE utilizes one tax lot of the larger 105.83-acre parcel in its operation as a filbert orchard. It would be agriculturally advantageous to consolidate this parcel as one legal lot west of Case Creek. This farm at 17824 Arbor Grove Rd NE currently consists of two legal parcels, and a tax lot of an unlawful parcel (being that 105.83-acre parcel which is erroneously referred to as 116 in the 1993 case). One of the legal Coleman/Fairfield parcels under this modified proposal will encompass the 23.95-acre filbert operation. The other parcel shall encompass the 109.38-acre agricultural operation on the east side of Case Creek, including the 12.42-acres being adjusted from the 14.42-acre property owned by the Spragues into the larger farm parcel owned primarily by Coleman Farms, Inc and Fairfield Farms, Inc. Between 1982 and 1992, Coleman Farms, Inc and Fairfield Farms, Inc purchased approximately 100-acres of farmland from Mr. Johnston. This land was unlawfully separated from the 4.92-acre area containing a homesite in the northwest corner of this 105.83-acre parcel. The unlawful partition may be validated today by performing a property line adjustment which could have been performed in 1992. One of the two adjacent parcels owned by Coleman Farms, Inc and Fairfield Farms, Inc will encompass this land which has been in their ownership since 1992, and their agricultural management since at least 1982. This parcel shall also encompass the land being transferred from the Sprague property. As an indirect consequence of the proposed PLA, the 105.83-parcel which is currently in an unlawful configuration will be reduced to what is effectively a remnant parcel of 4.92-acres. The owners of that remnant are not involved in this property line adjustment. The same property owners declined participation in the 1994 application (LLA/CU94-012) which would have validated their parcel. The owners of that land may seek validation of that land in the future. The final configuration of parcels involved in this property line adjustment, as proposed, will be legal for land use purposes. 3. Adjacent properties are entirely zoned EFU and are primarily in use for commercial agriculture operations. The farm fields include a mix of hazelnut orchards, grass seed, hops and other row crops. There are a few lots that are smaller in size (less than 2-acres) and are in use as rural residences not involved in farming. There is also a property with a solar array on the southeast corner of Arbor Grove and Crosby Rd. 4. Soil Survey for Marion County, Oregon, indicates approximately 100% 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 1-acre parcel, a 19-acre parcel, a 105.83-acre parcel, and a 14.42-acre parcel to create a 23.2-acre parcel, a 111-acre parcel, and a 2-acre parcel. The purpose of this property line adjustment is to reconfigure two large farming parcels with one rural residential 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. Properties 10 acres or less must be surveyed per ORS 92.060 (7) and the survey submitted for review. 3. Survey checking fee required at the time of review. 4. Property line adjustment deed(s) shall be recorded with the Marion County Clerk’s Office. Per ORS 92.190 (4).