Chapter 19.101
MERLIN/NORTH VALLEY UNINCORPORATED RURAL COMMUNITY
Sections:
19.101.020 Amending and updating the MNVC plan.
19.101.010 Purpose.
The Merlin/North Valley unincorporated community shall be a rural community as described and authorized by OAR Chapter 660, Division 22. This community shall be referred to as the Merlin/North Valley Community (MNVC).
The purpose of the MNVC plan is to establish an unincorporated community boundary for a rural community around the Merlin/North Valley area consistent with the desires of the affected residents and the requirements of OAR Chapter 660, Division 22. This plan shall guide present and future development and growth for lands and uses within the MNVC, to include allowed uses, densities and standards for development as set forth in this chapter or elsewhere in this title. [2005 RLDC § 101.010.]
19.101.015 Boundary and plan.
The lands located within the MNVC are shown on the official boundary map. The lands affected by the boundary are also listed according to Assessor’s tax lot descriptions. Both the map and list are adopted as part of the Josephine County comprehensive plan. The applicable provisions of this chapter shall apply only to the lands described on the adopted map and list.
The MNVC plan shall consist of the following documents:
A. Findings of fact addressing the requirements of OAR Chapter 660, Division 22 and the Josephine County comprehensive plan goals and policies;
B. The adopted Merlin/North Valley boundary map and list of affected tax lots as described in the Assessor’s records;
C. The adopted Merlin/North Valley comprehensive plan and zoning maps;
D. The Merlin/North Valley Water Master Plan (April 2001) and the Merlin/North Valley Wastewater Facilities Plan (June 2001), as prepared by the Dyer Partnership, Engineers and Planners, Inc.;
E. Amendments to the Josephine County comprehensive plan, goals and policies, regarding the implementation and maintenance of the MNVC plan;
F. The provisions of Chapter 19.100 JCC, this chapter and other provisions of this title made applicable by reference;
G. The Josephine County Airport Master Plan; and
H. The Josephine County Transportation System Plan (1983), until such time as it is replaced by the Josephine County Master Transportation Plan. [2005 RLDC § 101.015.]
19.101.020 Amending and updating the MNVC plan.
Applications to amend any element of the MNVC plan shall comply with the requirements of JCC 19.46.020 (Review procedure) and 19.46.030 (Plan amendment application requirements). In addition, all of the following plan amendment review criteria shall apply:
A. Applications to amend the text, maps or inventories of the MNVC plan shall demonstrate compliance with the requirements of OAR Chapter 660, Division 22 (Unincorporated Communities);
B. Requests involving changes for lands from a resource designation to a nonresource designation shall either comply with statewide exception criteria contained in ORS 197.732, and as implemented in OAR Chapter 660, Division 4, or demonstrate the land is nonresource pursuant to the criteria contained in JCC 19.46.050;
C. Plan or map amendments that add or modify uses allowed within the MNVC shall demonstrate the uses can be supported by adequate on-site subsurface sewage disposal, groundwater supplies, or that sewer and water services will be provided consistent with the Dyer facility plans;
D. Plan or map amendments that increase the density of residential development or increase small-scale, low-impact commercial or industrial size limits shall occur only when sewer and water services consistent with the Dyer facility plans are provided;
E. New uses or modified uses and densities described in subsections (C) and (D) of this section shall be consistent with the identified function, capacity and level of service of transportation facilities serving the MNVC pursuant to OAR 660-012-0060(1)(a) through (c);
F. The physical characteristics of the land and surrounding area make the land suitable for the proposed density and types of uses, to include consideration of existing or potential hazards (flood, wildfire, erosion, pollution), the degree of slopes, the presence of wetlands, geologic formations, mineral deposits and any other similar natural or manmade conditions or circumstances;
G. The land in its natural state accommodates the proposed uses and densities, or special alterations or mitigation plans can reasonably make the land achieve the requirements for basic sewage disposal, groundwater supply, and the other physical considerations described in subsection (F) of this section;
H. The density and types of uses authorized by the proposed plan and zoning designations are appropriate based on the requirements of subsection (H)(1) or (2) of this section:
1. The change in designations at the location is consistent with the character of the surrounding area. Consistency shall be demonstrated by a detailed review of the relationship between the area covered by the proposed change in designations and the surrounding area, subject to the following rules:
a. The detailed review shall describe the similarities or dissimilarities between the area of proposed change and the surrounding area based upon parcel size and ownership patterns, zoning, existing or authorized land uses and structures, public facilities and services, and natural or manmade features. In addition:
[1] Evidence regarding changes in parcel size and ownership patterns shall, at a minimum, consider the circumstances of the parcelization and ownership patterns lawfully existing within the area of study. Review of parcelization patterns shall not only include the number and size of the parcels, but the relationship of the parcels to the total acreage within the study area, together with the potential for additional parcelization pursuant to existing zoning. In order for parcels to be counted in a parcelization analysis, the parcels must be authorized lots or parcels as defined by JCC 19.11.140.
[2] Natural or manmade features may include watercourses, wetlands, watersheds, ridges, valleys, roads, rights-of-way, easements, political or service boundaries and other similar features. The study must identify and explain how these features operate to join or disjoin the area being changed from surrounding lands.
b. The detailed review shall include a written statement explaining the rationale used to include or exclude areas from study, and be supported by zoning maps, aerial photographs, contour maps, and any other public or private records, statistics or other documents, necessary or helpful to establish the character of the area; and show how the change will be consistent.
2. Demonstrate how the introduction of inconsistent density or uses into an area is justified. This demonstration may be based upon changes in the area resulting from rezonings, new residential, commercial, industrial or resource development, the introduction or improvement of public facilities and services, changes in demographics, changes in plan inventories, and other similar circumstances. The application shall show how the proposed change in designations, in the context of the foregoing circumstances, implements applicable state and/or County goals and policies. The more the change introduces inconsistent densities and uses into an area, the greater the burden on the applicant to justify the basis for the change. [2005 RLDC § 101.020.]