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running a farm labor contracting business that provides portable toilets as part of the service. See land use cases CU20-003 and CU21-042. The parcels are considered legal for land use purposes. 3. Surrounding properties in all directions are zoned EFU and are in small acreage home sites near the intersection of Portland RD NE and Waconda RD NE, with properties further out in large commercial farming tracts. 4. Soil Survey of Marion County Oregon indicates that approximately 100% of the subject property soils are high value. 5. The applicant is proposing to establish and operate a nursery plant sales business as a farm stand on the subject property. They are proposing to source nursery stock from local farms and nursery operations and resell the plants in bulk or as individual potted plants after they have improved the health and quality of the stock. The applicants are also proposing to sell other related items such as seeds, fertilizers, compost and mulch, landscaping materials such as stones and topsoil. They are also proposing to sell some incidental items such as plant pots, and gardening tools. The applicants are proposing to use the accessory building on site that has previously been approved for use as a farm labor contracting business (land use case CU20-003) as the sales office for the farm stand sales. 6. Marion County Building Inspection commented: “Prior to opening the business to the public for sales of nursery product at the site address, permit(s) would be required to be obtained to change the occupancy or use of the intended building. Adherence to Marion County Building Inspection Policy P117 Farm Stand Buildings may satisfy these requirements.” Marion County Septic commented: “If any part of the farm stand will utilize the existing plumbing or if any additional plumbing is proposed, an authorization is required to connect to the existing system or establish a change of use of the septic system.” Marion County Land Development, Engineering, and Permits commented: ENGINEERING REQUIREMENT A. An Access Permit will be required for an approach connection to Waconda Road. The approach must be paved with asphalt. B. The subject property may be assessed Transportation System Development Charges (SDCs) for the proposed use. C. Placement of one-half acre or more of impervious material, including compacted crushed rock subject to regular vehicular traffic, may require stormwater detention. ENGINEERING ADVISORIES D. The property is bisected by Carnes Creek, a named seasonal waterway that may be classified as Waters of the State. Department of State Lands (DSL) and Army Corp of Engineers (ACOE) has joint permitting authority for any crossing improvements over Waters of the State. E. ODOT has jurisdiction over Portland Road for driveway access and stormwater drainage. Woodburn Fire Department commented: “Based on the application, no structural changes, there are no issues with the Woodburn Fire District. Access appears to be acceptable.” All other contacted agencies either failed to comment or stated no objection to the proposal. 7. The farm stand criteria are listed in Section 17.136.040(A) of the Marion County Code (MCC). Criteria are as follows: