CU25-019 Staff Decision - Laserfiche WebLink

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Attention Property Owner: A land use proposal has been submitted for property near where you live or near property you own elsewhere. State law requires that the county notify property owners within a certain distance from this property. The proposal and address of the property is described in the "Application" section below. The decision in this case does not directly affect the zoning or use of your property. If you object to the decision, refer to the "Appeal" section. If you have questions, contact the staff person listed at the end of this report. NOTICE OF DECISION CONDITIONAL USE CASE NO. 25-019 APPLICATION: Application of John G. Leggett and Johnlee Noblitt for a conditional use permit to operate a landscaping business in conjunction with a nursery on a 3.10-acre parcel on an EFU (Exclusive Farm Use) zone located at 22902 Schultz Rd NE, Aurora (T4S; R1W; Section 4C; Tax lot 1300). DECISION: The Planning Director for Marion County has and APPROVED the above-described application subject to certain conditions. EXPIRATION DATE: This Conditional Use Permit is valid only when exercised by May 20th, 2027. The effective period may be extended for an additional year subject to approval of an extension (form available from the Planning Division). Additional extensions may not be granted if the regulations under which this decision was granted have changed since the original approval. WARNING: A decision approving the proposed use is for land use purposes only. Due to septic, well, and drain field replacement areas, this parcel may not be able to support the proposed use. To ensure the subject property can accommodate the proposed use the applicant should contact the Building Inspection Division, (503) 588-5147. This decision does not include approval of a building permit. CONDITIONS: The following conditions must be met before a building permit can be obtained or the approved use established: 1. The applicant shall obtain approval for all required permits from the Marion County Building Inspection Division, including any required septic permits. The applicant shall confirm with the Building Division whether the existing structures need to be upgraded to meet building code standards. 2. The applicant shall provide evidence to Marion County Planning that any code violations regarding solid waste or otherwise have been resolved with Marion County Code Enforcement. 3. The applicant shall, if deemed necessary by the Oregon Department of Agriculture, obtain a nursery license. 4. The applicant shall install a 3-foot silt fence on the northside of the gravel area. 5. Existing structures on the property may be maintained, enhanced or expanded on the same tract within the limits of MCC 17.136.60(I). 6. The applicant shall record a Farm/Forest Declaratory Statement (enclosed) with Marion County Clerks Office. ADDITIONAL CONDITIONS: Once the approved use is established the following conditions must be continually satisfied: 7. The applicant shall continue to utilize the property in compliance with the Exclusive Farm Use (EFU) zone code. This includes the continued operation of the nursery farm use in conjunction with the landscaping business. This also includes continued operation in such a way that does not create significant adverse impacts on surrounding farm operations, watersheds, groundwater, fish and wildlife habitat, soil and slope stability, air and/or water quality.