CUP26-015 Staff Decision - Laserfiche WebLink

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9. A wildlife and habitat conservation area is a conditional use in the EFU zone under MCC 17.136.050(H)(3) as an open space and is subject to the criteria in MCC 17.136.060(I): 1. No enclosed structure with a design capacity greater than 100 people, or group of structures with a total design capacity of greater than 100 people, shall be approved within three miles of an urban growth boundary unless an exception is approved pursuant to OAR Chapter 660, Division 004. The applicant proposes no new enclosed structures. The criterion is met. 2. Any new enclosed structure or group of enclosed structures subject to this section shall be situated no less than one-half mile from other enclosed structures approved under OAR 660-33-130(2) on the same tract. For the purposes of this subsection, “tract” means a tract as defined in MCC 17.136.140(F) in existence on May 5, 2010. The applicant proposes no new enclosed structures. The criterion is met. 3. Existing facilities wholly within a farm use zone may be maintained, enhanced or expanded on the same tract, but existing enclosed structures within three miles of an urban growth boundary may not be expanded beyond the limits of this subsection. The existing structures on the area of the proposed conservation parcel are sheds and the applicant does not propose expansion of these structures. The urban growth boundary of Sublimity is less than a half-mile away and the applicants understand these restrictions. The criterion is met. 10. The following regulations in MCC 17.136.090(2) apply when partition of land in the EFU zone, and creation of a non-farm parcel, is proposed. Non-Farm Parcels. A new non-farm parcel created pursuant to subsection (B) of this section shall only be as large as necessary to accommodate the use and any buffer area needed to ensure compatibility with adjacent farm uses. B. Requirements for Creation of New Non-Farm Parcels. 1. A new non-farm parcel may be created for uses listed in MCC 17.136.040(C) and (K) and MCC 17.136.050, except the residential uses in MCC 17.136.050(A) and (B) or a home occupation. The applicant proposes a wildlife and habitat conservation area which is a use consistent with the open space designation listed in MCC 17.136.050(H)(3). The criterion is met. 2. The criteria in MCC 17.136.060 applicable to the use shall apply to the parcel. The applicant has addressed the criteria in MCC 17.136.060 (A) & (I) which apply to the proposed wildlife and habitat conservation area, and staff found those criteria to be met. Therefore, this criterion is met. 3. A non-farm parcel shall not be approved before the non-farm use is approved. The partition plat will not be signed off prior to assurance that the non-farm parcel will be sold to the US Fish and Wildlife service with deed restrictions in place to ensure the parcel will be in use as a conservation site in perpetuity. The criterion shall be met by conditions of approval prior to final approval of the non-farm parcel. 4. A division of land for non-farm use shall not be approved unless any additional tax imposed for the change has been paid, or payment of any tax imposed is made a condition of approval. The applicant understands this requirement, and it shall be a condition of approval. 5. A division of land may be permitted to create a parcel with an existing dwelling to be used: a. As a residential home as described in ORS 197.660(2) only if the dwelling has been approved under MCC 17.136.050(L). b. For a historic property that meets the definition in ORS 358.480 and is listed on the National Register of Historic Places. c. Parcels created under this section must meet the following criteria: i. The new parcel containing the dwelling must be a minimum of one acre in size. ii. The proposal shall not involve a unit of land containing a farm-relative dwelling previously authorized under the Marion County Code or previous ordinance.