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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 <br />(503) 588-5215 for verification of payments). <br /> <br />APPEAL PROCEDURE: The Marion County Zone Code provides that certain applications be considered first by the <br />County Planning Director. If there is any doubt that the application conforms with adopted land use policies and regula- <br />tions the Director must condition or deny the application. Anyone who disagrees with the Director's decision may request <br />that the application be considered by a Marion County hearings officer after a public hearing. The applicant may also <br />request reconsideration (one time only and a fee of $200) on the basis of new information subject to signing an extension <br />of the 150 day time limit for review of zoning applications. <br /> <br />A public hearing is held on appeals subject to the appellant paying a $250.00 fee. Requests for reconsideration, or <br />consideration by a hearings officer, must be in writing (form available from the Planning Division) and received in the <br />Marion County Planning Division, 5155 Silverton Road NE, Salem, by 5:00 p.m. on January 13th, 2025. If you have <br />questions about this decision, contact the Planning Division at (503) 588-5038 or at the office. This decision is effective <br />January 14th, 2025, unless further consideration is requested. <br /> <br />FINDINGS AND CONCLUSIONS: Findings and conclusions on which decision was based are noted below. <br /> <br />1. The subject properties are designated Primary Agriculture in the Marion County Comprehensive Plan and <br />correspondingly zoned EFU (Exclusive Farm Use). The primary intent of both this designation and zone is to <br />promote and protect commercial agricultural operations. <br /> <br />2. The properties at 6770 Windsor Island Rd NE in Keizer consist of two parcels. Parcel 1 is situated approximately <br />400 feet northeast of the intersection of Windsor Island Road and Naples Street, while Parcel 2 is immediately <br />adjacent to the east and lies north of the Salem-Kiezer urban growth boundary. According to floodplain case <br />FP24-004, Parcel 1 (Section 28D; Tax lot 100) is flat and is utilized for agricultural activities. Meanwhile, <br />property line adjustment case PLA07-34 designates Parcel 2 (Section 27; Tax lot 900) for hay and grass farming. <br />Both parcels are in the 100-year floodplain and have been involved in prior land use cases. Both parcels are <br />therefore legal for land use purposes. <br /> <br />3. Adjacent properties to the north and west of the parcels are also zoned EFU and consist of active farming <br />operations. Properties directly east and south of the subject parcels are bordered by the Keizer urban growth <br />boundary. These properties are predominantly single-family subdivisions intertwined with the McNary Golf <br />course. <br /> <br />4. Soil Survey for Marion County, Oregon, indicates approximately 99.9% of the soils on the subject Tax Lots 100 <br />and 900 are classified as high value. <br /> <br />5. The applicants are proposing to adjust the property lines on a 59.94-acre parcel and a 160.20-acre parcel to create <br />a 215.14-acre parcel and a 5-acre parcel. The resulting configuration will consolidate the large parcels for farm <br />use and create a smaller parcel containing a hay storage building. <br /> <br />6. Various agencies were contacted about the proposal and given an opportunity to comment. <br /> <br />Marion County Surveyors Office commented: <br />a) Properties 10 acres or less must be surveyed per ORS 92.060 (7) and the survey submitted for review. <br />b) No survey required for properties greater than ten acres per ORS 92.060 (8). <br />c) Survey checking fee required at the time of review. <br />d) Property line adjustments shall be recorded with the Marion County Clerks Office per ORS 92.190 (4). <br /> <br />Marion County Building Inspection commented: “[We] recommend new property lines be established at least 10 <br />feet from existing commercial structures and at least 3 feet from existing residential structures. Permit(s) may be <br />required to be obtained prior to any future development of structures and/or utilities on private property.” <br /> <br />Marion County Septic commented that a site evaluation is required on the proposed 5-acre parcel. <br />