CU24-043 HO Decision - Laserfiche WebLink

Home Browse Search

MCC 17.136.060(B) 11. In order to approve a non -farm dwelling the applicant must demonstrate compliance with the specific criteria listed in MCC 17.136.060(B). These include: (1) The dwelling will be sited on a lot or parcel that is predominantly composed of Class IV through Class VIII soils that would not, when irrigated, be classified as prime, unique, Class I or Class II soils. Soils classifications shall be those of the Soil Conservation Service in its most recent publication, unless evidence is submitted as required in MCC 17.136.130. According to the Marion County Soils Analysis tool, 91.5% of the soils on the subject property are high value farm soils, the majority being class II and III, with some class IV Terrace escarpments on the far northern point of the property. Applicants has submitted an updated soils assessment to challenge the NRCS data used by the Soils Analysis tool. A consideration of soil classification changes is allowed so long as the submitted evidence meets the requirements of MCC 17.136.130, which reads as follows: 17.136.130 Consideration of soil classification changes for non farm dwellings. For purposes of approving an application for a dwelling not in conjunction with farm use under MCC 17.136.050(A), the soil class, soil rating, or other soil designation of a specific lot or parcel may be changed if the property owner submits a soil assessment prepared by a professional soil classifier that has been reviewed and approved by the Department of Land Conservation and Development as meeting the requirements in OAR 660-033-0045. Because of the challenges regarding soil quality brought by the Appellants and Opponents, it is reasonable to specifically address the soil reclassification and its compliance with the requirements of OAR 660-033-0045. Applicant had a Soil Assessment Review done on the Property which has been submitted as Exhibit 101 to Applicant's response. The Soil Assessment Review process, as set forth in OAR 660-033-0045, requires the a person seeking a soils assessment to contact a "professional soil classifier," from a list of qualified individuals identified by Department of Land Conservation and Development ("DLCD") and, once the soil assessment has been completed, the assessment must be submitted to DLCD for confirmation by DLCD that the soil assessment is "soundly and scientifically based" and that the assessment meets DLCD's reporting requirements. OAR 660-033-0045(1)-(4). Applicant followed the regulatory requirements for obtaining a soil assessment, as shown by the Applicant's Soil Assessment Completeness Review which was submitted to the County as part of the Application. Applicant hired Gary A. Kitzrow, CPSC (Certified Professional Soil Classifier)/CPSS (Certified Professional Soil Scientist) (the "Soil Classifier") certified by the Soil Science Society of America, to complete an analysis of the Property's soils. This certification requires (1) a bachelors' degree is soil science 4930-5505-5148, v. 3 or a related field having at least 15.0 semester credits of soils specific coursework and 45.0 semester credits of supporting coursework; (2) five years of post -baccalaureate experience or 3 years of experience post receipt of a Master's or PhD; (3) Credential forms approved by board of the Soil Science Society of America; and (4) passing a subject matter exam. The Soil Classifier's certifications are not the only items that establishes him as an expert in soils analysis and CU 24-043 — ORDER MKI CONSTRUCTION, LLC Page 8