CUP26-015 Staff Decision - Laserfiche WebLink

Home Browse Search

iii. The new parcel shall not be larger than the minimum size necessary for the use, taking into consideration septic system, septic repair area, water source, the dwelling, and accessory buildings. iv. The new parcel shall be adequately sized so that the existing dwelling meets the special setbacks from parcels in farm and forest use as described in MCC 17.136.070 if it was able to meet the special setbacks previously. The proposed division to create a conservation parcel will result in one parcel with an existing dwelling, however creation of that parcel is not the intent of the this application and therefore this criterion does not apply. 6. If the land division is for the purpose of allowing a provider of public parks or open space, or a not-for-profit land conservation organization, to purchase at least one of the resulting parcels subject to the following criteria: a. A parcel created by the land division that contains a dwelling is large enough to support continued residential use of the parcel. As a result of the proposed land division to create a conservation parcel, there will be an approximately 11.08-acre parcel with a homesite created on the southern side of the access road that crosses the southern quarter of the subject parcel. This new 11.08-acre parcel will contain the homesite, accessory structures, and fields of row crops. The current property owners propose to sell the 58.92-acre conservation parcel to US Fish and Wildlife, while retaining the 11.08-acres south of the access road that contains their dwelling. This 11.08-acre parcel will be large enough to support continued residential, and hobby farm, use of the parcel. The criterion is met. b. A parcel created pursuant to this subsection that does not contain a dwelling: i. Is not eligible for siting a dwelling, except as may be authorized under ORS 195.120; The conservation parcel shall not be eligible for siting of a dwelling. ORS 195.120 applies to state parks and not federally managed conservation areas. The criterion is met. ii. May not be considered in approving or denying an application for siting any other dwelling; The conservation parcel shall not be considered in approving or denying an application for siting any other dwelling as a condition of approval. iii. May not be considered in approving a redesignation or rezoning of forest lands or farmlands except for a redesignation or rezoning to allow a public park, open space or other natural resource use; and The conservation area shall be established prior to the new parcel being created. No rezoning is required for the realization of the proposal. The conservation parcel, once created, shall not be considered in approving any redesignation or rezoning of forest or farmlands except for those proposals relating to allow a public park, open space, or other natural resource use. This shall be a condition of approval. c. May not be smaller than 25 acres unless the purpose of the land division is: i. To facilitate the creation of a wildlife or pedestrian corridor or the implementation of a wildlife habitat protection plan; or ii. To allow a transaction in which at least one party is a public park or open space provider, or a not-for-profit land conservation organization, that has cumulative ownership of at least 2,000 acres of open space or park property. The proposed partition would create a 58.92-acre parcel containing the proposed US Fish and Wildlife habitat conservation area, and an 11.08-acre parcel containing the remnant homesite and hobby farm. The proposal is consistent with (ii.) of this criterion, being that a parcel smaller than 25-acres is being created to allow a transaction in which one party is the US Fish and Wildlife Service which is a public park and open space provider that has a cumulative ownership far exceeding 2,000-acres of total park or open space property. The criterion is met. 7. A division of land smaller than the minimum lot or parcel size described in subsections (A) and (B) of this section may be approved to establish a religious organization including cemeteries in conjunction with the religious organization if they meet the following requirements: a. The religious organization has been approved under MCC 17.136.040(C); b. The newly created lot or parcel is not larger than five acres; and