CU24-028 Staff Decision - Laserfiche WebLink

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Requirements: A. Within 30 calendar days from the date of full land use approval, obtain an Access Permit to permanently close the private driveway approach to Brooklake Road in favor of taking all access off 57th Avenue. Rationale is that the property already has two accesses from 57th Avenue, which is considered reasonable access, and furthermore, the Brooklake Road approaches measuring only 25 feet apart from each other do not meet spacing criteria for a Major Collector. Also under the Permit, widen the 57th Avenue approach with hot mix asphalt including broadening the radius flares since evidence indicates wide vehicle turns are dragging gravel onto the edge of Brooklake Road. Note: it will not be required to re-address the property to 57th Avenue. Marion County Building commented: “No Building Inspection concerns. Permit(s) are required to be obtained prior to any development of structures and/or utilities installation on private property, if applicable.” Marion County Septic commented: “An authorization is required if there is any proposed connection to the existing system.” Marion County Code Enforcement commented that the application is to help resolve a code enforcement violation on the property. Marion County No 1 Fire District provided comments with fire code requirements for the proposed commercial option. See enclosed comments. All other commenting agencies stated no objection to the proposal. 7. In order to approve a commercial activity in conjunction with farm use the applicant must demonstrate compliance with the specific criteria listed in Chapter 17.136.060(D) of the Marion County Code (MCC). These include: (a) The commercial activity must be primarily a customer or supplier of farm uses. The applicant states in their proposal that they are the proprietor and operator of Mountain View Tree Service (MVTS), and the subject property is where they store various forms of woody material from these various products. The materials include both logs that are sold to mills for making lumber and smaller debris that are turned into woodchip mulch. The applicants state that the mulch is sold to local farms for various applications, and the applicants provided supplemental information showing specific agricultural applications for mulch on agricultural operations. While the applicants have shown how their mulching operation is a primary supplier of farm uses, the coinciding use of the property as a storage space for logs sold for lumber production does not primarily supply farming operations. The applicant’s justification of this use is that the logs sent to lumber mills spend up to two weeks on the property in storage, but that they do not spend much time beyond this on the property. Further, upon request for more information, the applicants identified the staging area dedicated to storage of logs for lumber and stated it would take up no more than 6,000 square feet of the area dedicated to the proposed use (which the applicant calculated as 9% of the total area). The combination of both the limited area and timeframe logs for lumber spend on the property is sufficient to demonstrate the use as a timber storage yard is incidental in comparison to the mulching operation. Therefore, the criterion is met. (b) The commercial activity must enhance the farming enterprises of the local agricultural community to which the land hosting that commercial activity relates. In their application the applicants provide supplemental information discussing the role and uses of mulch in agricultural operations, including the retention of moisture and as padding for animals. When the mulching products are sold to local farmers these uses will enhance their operations in various ways. Additionally, the applicant supplied additional information in the form of attestations by local farming operations which receive