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8. The applicants should contact Marion County Land Development and Engineering (503-584-7714) for additional Engineering Requirements and Advisories, listed in Finding #6 below, that may be required. APPEAL PROCEDURE: The Marion County Zone Code provides that certain applications be considered first by the County Planning Director. If there is any doubt that the application conforms with adopted land use policies and regula- tions the Director must deny the application. Anyone who disagrees with the Director's decision may appeal the decision to the Marion County Hearings Officer. The applicant may also request reconsideration (one time only and a $200.00 fee) on the basis of new information subject to signing an extension of the 150-day time limit for review of zoning applicat- ions. A public hearing is held on appeals subject to the appellant paying a $250.00 fee. Appeals must be in writing (form available from the Planning Division) and received in the Marion County Planning Division, 5155 Silverton Rd. NE, Salem by 5:00 p.m. on May 19th, 2025. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective May 20th, 2025, unless appealed. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. 1. The subject property is designated Primary Agriculture in the Marion County Comprehensive Plan and zoned EFU (Exclusive Farm Use). The intent of both designation and zone is to promote and protect commercial agricultural operations. 2. The property is located on the east side of Butteville Rd Ne approximately 500 feet south of the intersection with St. Paul Highway. The 19.44-acre parcel contains a dwelling built in 1915, several farm structures, well and septic system. Aerial imagery shows a structure in the same location near the southern property line as a mobile home established as part of a temporary medical hardship by case CU11-009, which is no longer an active hardship. The parcel was most recently the subject of partition case P24-004, which executed the Measure 37/49 claim on the property, allowing the creation of 2 additional lots or parcels. During the writing of this case, the partition plat for case P24-004 was approved and the legal configuration of the subject property changed. The subject parcel is now the 15.56 acre parcel created as a result of this partition. The parcel is legal for land use purposes. 3. While all but one of the surrounding parcels are zoned EFU, the uses on these surrounding parcels are diverse and unique compared to similar areas in the county. To the south there are several smaller parcels, some in use as small field farm sites, but the majority are acting as large acreage home sites and do not appear to be engaged in commercial agriculture. Additionally, there is a convenience store at the Broadacres and Butteville road intersection that pre-dates the adoption of planning and zoning ordinances. To the north are some larger properties engaged in commercial agriculture but also several smaller lots only acting as home sites not engaged in agriculture. On a parcel directly to the east, there is a 2-acre photovoltaic solar power generation facility and an approved site for a commercial seed cleaning plant (CU/P22-035). Just beyond that developed area flows the Senecal Creek, a significant perennial creek in the area. Finally, immediately to the west of the parcel are Butteville Rd and a railway line, with a road crossing of the railway line roughly 40-feet from the current driveway access to the parcel. On the other side of Butteville Rd is a large commercial and industrial complex that is the site of Marion Ag Service Inc. 4. Soil Survey of Marion County Oregon indicates 100% of the soils are considered high value for farm use. 5. The applicant is proposing to replace a stick-built dwelling that currently exists on the property with a new dwelling. 6. Various agencies were contacted about the proposal and given an opportunity to comment: Public Works Land Development and Engineering Permits (LDEP) requested that the following be included in the land use decision. Requirements: