Ordinance No. 19917 - Laserfiche WebLink

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All of these lots abut the UGB. No portion of these lots is further than 250 feet from the UGB. This proximity gases a very real likelihood of noise, dust, odor, overs ra and other conditions extending into the UGB lands. A valid claim of P Y interference could result in the city or county regulating certain farm practices and thereby diminishing the intent and purpose of exclusive farm zoning. ORS 215.23 allows the county to "...approve a proposed division of land to create arcels for farm use as defined in ORS 215.203 if it finds: (a} That the proposed p' ro riate for the continuation of the existing commercial division of land is app p a ricultural enterprise within the area; or fib} The parcels created by the proposed ~ ' han the minimum lot size acknowledged under ORS 191.251." division are not smaller t Ore on Administrative Rules ~OAR~ Division bb0-05-O10 defines "commercial ~ f~ land directl en a ed or supporting land directly agr~.cultural enterprise as Y g g en a ed in agricultural uses affecting the community. OAR bb0-05-010 also defines •g•g rea a but b the ability of the land to support minimum lot size not by ac g y agricultural uses or agricultural enterprises in the area. All of the lots are zoned E-40 which establishes 40 acres as the minimum lot size. Clearl these lots were not ,created to serve the continuation of commercial y' . a ricultural enterpr.~se nor do they satisfy what the county adopted under GRS g 191.251 and ORS 215.050 for minimum lot size. The complete aggregation of these lots would result in an area less than 1110 the minimum lot size required by the zonin . There are no farm uses on the Springfield side of the river that would need g ar could use these lots as allowed in ORS 215.203 for the reasons cited above. Given the location of the UGB, the surrounding uses, and the presence and planned introduction of full urban services abutting these lots, the continued status and zonin of these lots as agricultural lands is inconsistent with the facts, with the g intent and purpose of the goals and the protection of the law. Goal 3 Agricultural Land This oal is established to preserve and maintain agricultural lands. Such lands g ' ntl Class I throe h Class IV soils as identified in are defa.ned as land of predomina ,y ~ the Soil Capability Classification System of the United States Soil Conservation Service and other lands which are suitable fog farm use taking into consideration soil fertilit suitability for grazing, climatic conditions, existing and future y~ availability of water for farm irrigation purposes, existing land use patterns, technolo ical and energy inputs required, or accepted farming practices. Farm use .is • g uded in the Exce tion discussion of this report. defined in ORS 215.203 and was lncl p Half the area comprised by these lots is Nekia silty clay loam. This soil has a IIIe ratin and is best suited for hay ar pasture use. Row craps require irrigation • g• ilizers. The size of these lots makes hay or and lime, nitrogen and phosphate fart asture an unsuitable choice, while the size, slope and proximity to the McKenzie p make the use of these fertilizers, and therefore raw crops, also an unsuitable use of the land. Exhibit A - Findings - l