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6” corresponding to “Parcel 3” in the older deed. Finally, the description from the March 3, 1998 deed matches <br />the description in a deed dated June 28th, 1973 (Volume 755 Page 280 & 281). Therefore Tax Lot 400 is 2 distinct <br />legal parcels which are legal for land use purposes, the configuration of which is visually shown in a survey <br />MCSR 38407. Using the deed description of “Parcel 6”, staff calculated the area to be 42.1-acres, meaning <br />“Parcel 5” is the remainder 55.82-acres of Tax Lot 400. The entirety of the site for the seed cleaning plant and the <br />newly partitioned lot are located within the area of “Parcel 5”. <br /> <br /> The applicants have indicated that they do not intend to execute the approval of PLA16-013 and instead wish to <br />go forward with this new proposal. <br /> <br />3. Surrounding uses are predominantly commercial agricultural fields planted in either grass or grains, with other <br />types of agricultural practices mixed in. The city of Sublimity’s urban growth boundary (UGB) is located 800 feet <br />southwest of where the subject parcel abuts Triumph Rd, however it is 2,100 feet from the existing seed cleaning <br />operation. <br /> <br />4. Soil Survey of Marion County Oregon indicates 75.8% of the subject property is composed of high-value farm <br />soils. <br /> <br />5. The applicants are proposing to establish a grass seed cleaning operation as a commercial business in conjunction <br />with agriculture and to then partition off a 2-acre parcel from the parent 55.82-acre parcel, which will contain the <br />facility to separate it from the remaining farmland, to create a 53.82-acre parcel and a 2.00-acre parcel. <br /> <br />6. Various Agencies were contacted about the proposal and given an opportunity to comment: <br /> <br /> Marion County Surveyor’s Office commented: <br /> <br />1. Per ORS 92.055 – Parcels outside an urban growth boundary and greater than 10 acres can be un- <br />surveyed. <br />2. Parcels ten acres and less must be surveyed and monumented. <br />3. Per ORS 92.050, plat must be submitted for review. <br />4. Checking fee and recording fees required. <br />5. A title report must be submitted at the time of review. Title reports shall be no more than 15 days old at <br />the time of approval of the plat by the Surveyor’s Office, which may require additional updated reports. <br /> <br /> <br /> Sublimity Fire District commented: “The previously approved existing access to the property shall continue to be <br />maintained for overhead and width clearance requirements. Additionally, access to the existing pond shall <br />continue to be maintained for firefighting operations.” <br /> <br />Public Works Land Development and Engineering Permits (LDEP) requested that the following be included in the <br />land use decision. <br /> <br /> Condition A – On the partition plat dedicate sufficient public R/W to achieve a 30-foot half-width along the <br />Triumph Road frontage to meet the county Local road standard. <br /> <br />Condition B – Reference the reported existing access easement on the partition plat. <br /> <br />Condition C - Dedicate sufficient utility easement(s) on the partition plat to serve the developable 2-acre parcel. <br /> <br /> Marion County Building commented: “Marion County Building Inspection recommends new property lines be <br />established at least 10 feet from existing structures, on either lot, for fire separation purposes according to the <br />2022 Oregon Structural Specialty Code. If any development and/or alterations are proposed for new or existing <br />structures, or any proposed utilities installation, permit(s) would be required to be obtained prior to starting <br />work.” <br />