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4. The applicant proposes to divide a 5.78 acre parcel into two parcels containing 2.91 acres and 2.87 acres each and for a variance to allow 6 residences off a private road where 4 residences are allowed. 5. Public Works Land Development Engineering and Permits requested that Condition A be included in the land use decision. LDEP also commented on requirements that are not part of the land use decision and available for review in the planning file. LDEP will not approve the final plat for recordation until the following condition has been met: Condition A – Pursuant to Chapter 17.172.240 of the Marion County Rural Zone Code, the applicant shall show sufficient dedicated right-of-way (R/W) on the plat to provide the public R/W half-width of 30 feet along the Ballyntyne Road S property frontage to meet the County standard for a Local road. Nexus for dedication is to enable future road and drainage improvements, including accommodation for utilities. It appears an additional 10 feet in width is needed. Dedications should be to the public, not Marion County. Marion County Surveyor commented: “Parcels ten acres and less must be surveyed. Per ORS 92.050, plat must be submitted for review. Checking fee, second mylar fee, and recording fee required. A current or updated title report must be submitted at the time of review. Title reports shall be no less than 15 days old at the time of approval of the plat by the Surveyor’s Office, which may require additional updated reports.” 6. Chapter 17.181 of the Marion County Code (MCC) establishes criteria for partitioning property in a Sensitive Groundwater Overlay zone (SGO). In the SGO-5 zone the threshold parcel size is five acres and in this instance the average parcel size is less than five acres. In order to meet criteria in Chapter 17.181 MCC, the applicant submitted a “Hydrogeology Report” which indicates there is a sustainable long-term supply of ground water for the proposed development. Peer review of the Hydrogeology Report was positive. The County requires a Declaratory Statement be recorded with the property deed to notify the applicants and subsequent owners that there may be long term groundwater supply problems and that the County is not responsible for deepening or replacing wells. In addition, the applicant must meet the water level monitoring requirements in MCC 17.181.120. This includes a static water level measurement of all existing wells prior to recording the plat, and at least one static water level measurement prior to the issuance of a building permit in any new or existing wells intended as the water supply for the lot. This requirement is only for lots created by partitions recorded after January 1, 1998. This will be made a condition of approval. 7. The subject property is located within the Geologically Hazardous Areas Overlay Zone. Chapter 182 of the MCRZO specifies the meeting of certain criteria before completing the partitioning process on land situated in a geologically hazardous area. Because the new lot includes an area that is not geologically hazardous where a dwelling can be sited, no further study is required at this time. If a dwelling or any other structures are constructed within the geologically hazardous portion of the property, a geologic assessment will be required prior to issuance of building permits. Although the requirements for partitioning in a geologically hazardous area are satisfied, the County requires a Declaratory Statement be recorded with the property deed. This notifies the applicant, and subsequent owners, that there are identified geologic hazards on the subject property. 8. MCC 17.110.800 states: “Every dwelling shall be situated on a lot having direct access by abutting upon a public street or a pre-existing private driveway of a width not less than 20 feet. A private drive shall not serve more than 4 dwelling units unless the parcels, on which those units are proposed to be placed, were established with the approval of the Marion County Planning Commission or Hearings Officer in accordance with State law and Marion County Ordinances, prior to May 1, 1977, or were approved under Chapter 121, Planned Development.” The applicants propose a variance to increase the number of dwellings to be served off a private drive from five to six. In order to obtain a variance the proposal must meet the criteria in found in MCC 17.122.020 (MCC). These criteria are: