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with the appeal fee, in the Marion County Planning Division, 5155 Silverton Rd. NE, Salem, by 5:00 p.m. on December 9th, 2024. If you have questions about this decision, contact the Planning Division at (503) 588-5038 or at the office. This decision is effective December 10th, 2024, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. l. The property is designated Rural Residential and Primary Agriculture in the Marion County Comprehensive Plan. The purpose of this designation and the corresponding AR (Acreage Residential) zone is to allow creation of acreage homesites at a density that maintains the character and environmental quality of rural residential areas. 2. The subject parcel is located on the south end of the named private easement South View LP SE, within 300 feet of where South View LP accesses Sunnyside RD SE. The parcel also has roughly 330 feet of frontage along Sunnyside Rd SE, which is an ODOT jurisdiction road. Much of the parcel is covered in dense, mixed forest and is significantly sloped, going from 270 feet in elevation in the southeast corner to 400 feet in elevation in the northwest corner (roughly 20% rise). There are no assessed structures on the property. The current deed for the property is found on Reel 12 Page 650, dated April 7th, 1975, and has not changed in its configuration since. The parcel is legal for land use purposes. 3. Surrounding uses are a mix of large acreage residences, forested parcels, some small-scale vineyard fields, and a small strip of industrial parcels to the northeast. The other notable feature is the subject parcel abuts the I-5 right- of-way as it goes through a narrow pass in the hills. 4. The applicant proposes to partition a 6.532-acre parcel and create two parcels consisting of 4.297-acres and 2.235- acres respectively. 5. Various agencies were contacted about the proposal and given an opportunity to comment. Oregon Department of Transportation (ODOT) commented: “This site is adjacent to Sunnyside Road No. 1, an I-5 frontage road, and is subject to state laws administered by ODOT. This site currently has two approaches at MP 245.00 and MP 245.02. The southernmost access at MP 245.00 is presumed to be permitted. The northern access at MP 245.02 (currently serving the dwelling) was initially constructed sometime between 2005 and 2009, then reconstructed between 2023 and 2024, both initial and re construction of that access was done without knowledge of or permission by ODOT. Based on the above information, ODOT recommends requiring closure of one of the two accesses and obtaining a permit for the other. While the southern access is presumed to be permitted, the northern access is more appropriate based on spacing standards of OAR 734-051-4020(8). To begin the access permitting process, the applicant can contact District 3 offices at (503) 986-2900.” Public Works Land Development and Engineering Permits (LDEP) requested that the following be included in the land use decision. ENGINEERING CONDITIONS Condition A – Prior to plat approval, obtain a Miscellaneous Permit from ODOT to close the two Sunnyside Road access approaches. Prior to issuance of building permits on proposed parcel 2, complete the access closure process with ODOT. “Sunnyside Road is a State Highway. Marion County Rural Transportation System Plan Policy 10.3.5 #11(b) states when the option is available, access shall be derived from the roadway having the lower functional class, that being South View Loop, designated as a private access easement.” Condition B – Depict an access and utility easement on the partition plat across proposed parcel 1 to South View Loop on behalf of parcel 2.