CU-P24-049 Staff Decision - Laserfiche WebLink

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The subject parcel is located within the Sublimity Fire District and the applicant states that the access roadway serving the proposed use was reviewed and approved by the fire district prior to the original construction of the use. In addition, the Sublimity Fire District provided comments with their requirements for continued operation, such as maintaining overhead and width clearances for the access road to the site and to the existing pond (for firefighting purposes). Marion County Sheriff provides law enforcement services and other rural services (such as septic) can be acquired through permitting processes. The criterion is met. (c) The use will not have a significant adverse impact on watersheds, groundwater, fish and wildlife habitat, soil and slope stability, air and water quality. The facility is located adjacent to a perennial stream on the property, which increases the potential for a commercial use to have an adverse impact on watersheds, fish habitat, and water quality. However, the facility has been in operation at this site for 25 years based on the applicants’ statement and Marion County Planning is no complaints about contamination or other adverse impacts have been lodged because of this facility. Additionally, commercial operations must abide by the regulations of other agencies, such as DEQ, that have standards for pollution mitigation. Lastly, grass seed cleaning operations use physical methods of sorting seeds and do not use harsh chemicals. Considering this collection of factors, staff finds that the proposal satisfies the above criterion. The criterion is met, however it shall be made a condition of approval that the seed cleaning plant continue to remain compliant with this criterion going forward. (d) Any noise associated with the use will not have a significant adverse impact on nearby land uses. The nearest farm dwelling to the established site is roughly 900 feet away to the south and surrounding agricultural uses are primarily grass seed and other row crops planted in rotation, which are not negatively impacted by noise. Therefore, it is unlikely that the noise generated by the commercial activity will have a significant adverse impact on nearby land uses. The criterion is met. (e) The use will not have a significant adverse impact on potential water impoundments identified in the Comprehensive Plan, and not create significant conflicts with operations included in the Comprehensive Plan inventory of significant mineral and aggregate sites. There are no water impoundments identified in the Comprehensive Plan nor any mineral or aggregate sites near the subject property for the proposed use to have any adverse impacts on. Therefore, the criterion is met. 9. In order to approve a partition for a commercial use in conjunction with farm use, the applicant must demonstrate compliance with the partition requirements for the EFU zone listed in MCC 17.136.090 (B). These include: B. Requirements for Creation of New Non-Farm Parcels. 1. A new non-farm parcel may be created for uses listed in MCC 17.136.040(C) and (K) and MCC 17.136.050, except the residential uses in MCC 17.136.050(A) and (B). The new non-farm parcel proposed by the applicants is to allow a commercial activity in conjunction with farm use to be established on its own parcel. Commercial uses in conjunction with farm use are a conditional use listed under MCC 17.136.050 (D). The criterion is met. 2. The criteria in MCC 17.136.060 applicable to the use shall apply to the parcel. The proposed use was reviewed with the applicable criteria under MCC 17.136.060 in Findings 7 & 8 in this case. All criteria of the conditional use were met. Therefore, the criterion is met. 3. A non-farm parcel shall not be approved before the non-farm use is approved. The seed cleaning operation is already on site and has been in operation for several years while operated by the property owners. The current owners intend to sell the operation off to an outside party and the purpose of this