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6. The applicants should contact Marion County Fire District #1 to obtain a copy of the District’s Recommended Building Access and Premise Identification regulations and Fire Code Applications Guide. Fire District access standards may be more restrictive than County standards. Paula Smith, (503) 588-6513, is the contact person. APPEAL PROCEDURE: The Marion County Zone Code provides that certain applications be considered first by the County Planning Director. If there is any doubt that the application conforms with adopted land use policies and regula- tions the Director must condition or deny the application. Anyone who disagrees with the Director's decision may request that the application be considered by a Marion County hearings officer after a public hearing. The applicant may also request reconsideration (one time only and a fee of $200) on the basis of new information subject to signing an extension of the 150 day time limit for review of zoning applications. A public hearing is held on appeals subject to the appellant paying a $250.00 fee. Requests for reconsideration, or consideration by a hearings officer, must be in writing (form available from the Planning Division) and received in the JANUARY 12, 2012 Marion County Planning Division, 5155 Silverton Rd. NE, Salem, by 4:00 p.m. on . If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the above address. This decision is JANAUARY 13, 2012 effective unless further consideration is requested. FINDINGS AND CONCLUSIONS : Findings and conclusions which the Director based his decision are noted below. l. The subject property is designated Commercial in the Marion County Comprehensive Plan (MCCP) and correspondingly zoned ID (INTERCHANGE DISTRICT). 2. The property is located within the interchange area of the County designated Brooks-Hopmere Urban Unincorporated Community, south of Brooklake Road along Truckman Way NE, and is undeveloped. The property is Parcel 3 of Partition Plat 97-100, approved by Partition Case #97-39. 3. Surrounding uses consist of properties developed with commercial and industrial uses in an ID zone providing needed highway services for vehicles at the interchange. 4. The applicants are proposing to locate a truck tire repair shop to serve truck traffic using the interstate highway and nearby trucking facilities. This use is included in the Standard Industrial Code (SIC) as SIC 7534. While the zone permits a service station that performs minor repair (SIC 5541) and a general automotive repair shop (SIC 7538), neither of these codes describe a use that is primarily a truck tire repair shop. In Brooks, r etail, wholesale, and service uses (SIC 50 through 89 except 70 and 88) not permitted outright and not exceeding 8,000 square feet of floor space are allowed as conditional uses. The applicant is applying for a conditional use for SIC 7534. The applicant’s preliminary site plan shows a 1, 875 square foot building (25 feet by 75 feet) with outdoor covered service pads of similar size on both sides of the building. The 8,000 square feet of floor space can be made a condition of any approval. 5. Public Works Land Development and Engineering Permits requested that Condition A be included in the approval of 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 use until the following condition has been met: “Condition A – Pay a proportional share contribution in the amount of $1,062 toward interstate ramp and local road intersection improvements as a condition for issuance of building permits on the subject property. The proposed development will add traffic to the I-5 Interchange ramps and the Brooklake Road NE/Huff Avenue NE intersection, which exceed both Marion County and ODOT operating standards. A discussion of these intersections is included in a sub-area plan in the Marion County Rural Transportation System Plan (RTSP). The assessment is based upon the applicant’s traffic statement (Conditional Use Criteria “D”) contained within the land use application specifying 22 new trips per day, is calculated in 2011 dollars, and will be adjusted by the Seattle Cost of Construction Index if the amount is collected in a later year. The nexus for this requirement is the anticipated additional traffic associated with the proposed truck tire repair shop and the potential future need to make public road improvements.”