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6. The applicants should contact the Silverton Fire District to obtain a copy of the District’s Recommended Building Access and Premise Identification regulations and the Marion County Fire Code Applications Guide. Fire District access standards may be more restrictive than County standards. 7. The applicants should contact Marion County Land Development and Engineering (503-584-7714) for additional Engineering Requirements and Advisories, listed in Finding #6 below, that may be required. 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 Marion County Planning Division, 5155 Silverton Road NE, Salem, by 5:00 p.m. on November 1st, 2024. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective November 4th, 2024, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which decision was based are noted below. 1. The subject properties are designated Primary Agriculture in the Marion County Comprehensive Plan and correspondingly zoned EFU (Exclusive Farm Use. The primary intent of both this designation and zone is to promote and protect commercial agricultural operations. 2. The subject properties are located on the eastern side of the intersection between Howell Prairie Rd NE and Hazelgreen Rd NE. Tax lot 100 is located on the north side of Hazelgreen Rd and is 94.42-acres. It contains several farm related structures and formerly contained a 1901 dwelling, which was removed from the property sometime in 2019 and has not yet been replaced. The rest of the parcel consists of agricultural fields involved in turf grass production and a small, forested area next to the Howell Prairie creek, which runs north-south through both parcels involved in this proposal. Tax lot 100 was the subject of Administrative Review AR19-019, which determined that the 1901 house was legally established and could be replaced. The property remains in the same configuration that it was at the time of case AR19-019 and is therefore legal for land use purposes. Tax lot 600 is located on the southern side of Hazelgreen Rd and contains a 1916 dwelling, a well and septic, a farm structure and farm irrigation pump all in the northwest corner of the lot. The remainder of the lot consists of farm fields currently established as a hazelnut orchard. At one time, the area of tax lot 600 appears to have consisted of two separate legal lots. However, the entire area of tax lot 600 has been described as one parcel, and maintained this configuration, since at least March 9th, 1963, when it was described in a warranty deed (Vol. 569, Page 633). As such, the parcel is legal for land use purposes. While the Hazelgreen Rd right-of-way currently runs between the two parcels, the legal descriptions in the deeds of both parcels specify that they are measured to the middle of Hazelgreen Rd and are therefore adjacent parcels and can be property line adjusted. 3. Adjacent properties in all directions are engaged in commercial agriculture, other than the church, school, and commercial lots at the Silverton Rd-Howell Prairie Rd intersection over a mile to the south. 4. Soil Survey for Marion County, Oregon, indicates approximately 100% of the soils on the subject tax lots are classified as high value.