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5. Prior to recording the deed all taxes due must be paid to the Marion County Assessor Tax Section (contact them at (503) 588-5215 for verification of payments). 6. The applicants should contact the Turner 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. 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 13th, 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 14th, 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 Special Agriculture in the Marion County Comprehensive Plan and correspondingly zoned SA (Special Agriculture). The primary intent of both this designation and zone is to promote and protect commercial agricultural operations of various sizes in areas with both good and poor soils. 2. The properties are located at the end of a private road Hanneman Ln SE at the top of a hill and the hill’s steep sloping eastern side. Tax lot 600 makes up the majority of the sloping east side of the hill and up until at least 2016 was heavily forested. Around 2019, the parcel was clear-cut and in the aerial imagery since, the parcel shows regrowth of the vegetation and trees. It contains no dwellings or visible structures. Tax lot 1400 is the area at the top of the hill and contains a 1959 dwelling. The rest of the parcel is mostly open grass fields that do not appear to be in use for agriculture. The properties were the subject of the same Property Line Adjustment case PLA23-036 and were created in their current configuration by this case. Therefore, both parcels are legal for land use purposes. 3. Adjacent properties to the east and west are zoned SA, while the properties to the south are a combination of SA and FT (Farm/Timber) zoned parcels. Most resource zoned parcels in the area are either forested or in use as commercial vineyards. The main winery of Willamette Valley Vineyards is also located on the parcel to the southwest of tax lot 1400. The properties to the north are zoned C (Commercial) and are in use as an RV park and the Enchanted Forest amusement park. 4. Soil Survey for Marion County, Oregon, indicates approximately 59.8% of the soils on the subject tax lots are classified as high value. 5. The applicants are proposing to adjust the property lines on an 8.04-acre parcel and a 47.40-acre parcel to create a 7.08-acre parcel and a 48.35-acre parcel. The purpose of the adjustment is to provide better farm equipment access to the top of the slope and expand the size of the driveway servicing the home. 6. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Surveyor’s Office commented: 1) No survey required for properties greater than ten acres per ORS 92.060 (8). 2) Properties 10 acres or less must be surveyed per ORS 92.060 (7) and the survey submitted for review. 3) Survey checking fee required at the time of review.