CU25-019 Staff Decision - Laserfiche WebLink

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Marion County Code Enforcement submitted comments explaining that they support the approval of the application if the paving equipment is kept off site. Friends of French Prairie commented: “Regarding the application for Conditional Use referenced above on EFU land located at 22902 Schultz Rd NE in Marion County, Friends of French Prairie applauds the Applicants’ decision to seek this permit in order to come into compliance with County Code in order to operate a nursery stock and landscape contracting business. We support the application with the following comments and expectations: 1. Given the intent to separating the paving business from the landscape/nursery business, a specific timeline be established for off-site relocation of the paving equipment. 2. To minimize potential adverse impactions on watersheds and groundwater a corresponding timeline be established for removal of the piled waste asphalt and/or road material from the property. 3. Given the existence both of a residence and a farm building on this 3.10 acre property, that no additional building related to the conduct of the landscape/nursery business will be erected. We concur that the application is consistent with the farm impact test as described, the operation of a landscape contracting business as a conditional use, and that it will not have adverse impacts on traffic or local farming practices.” All other contacted agencies either failed to comment or stated no objection to the proposal. 5. The applicant is proposing to operate a landscape contracting business, as defined in ORS 671.520, in conjunction with the growing and marketing of nursery stock that constitutes farm use as stated in MCC 17.136.050(D)(6). The applicant provided information that shows they meet the definition of a landscape contracting business described in ORS 671.520. Prior to this application, the applicant was storing paving related equipment on the subject parcel and as an aspect of the landscaping business which led to a code enforcement complaint. The applicant has stated they are dividing the business up and moving the paving related equipment to a new location. The subject parcel will therefore be utilized for the growth of nursery stock, the storing of landscaping equipment, and the assembly and dispatch of employees. The application statement attests that there are currently four employees of the landscaping business. The applicant asserts that they will comply with the requirement for the growth of nursery stock in conjunction with operation of the landscape business. Continued compliance with this requirement will be confirmed through future site visits. Conditions of approval will be applied to maintain compliance with other applicable criteria. Therefore, the proposal is consistent with the conditional use described in MCC 17.136.050(D)(6). 6. The following criteria found in MCC 17.136.060(A) apply to all conditional uses in the EFU zone. 1. The use will not force a significant change in, or significantly increase the cost of, accepted farm or forest practices on surrounding lands devoted to farm or forest use. Land devoted to farm or forest use does not include farm or forest use on lots or parcels upon which a non-farm or non-forest dwelling has been approved and established, in exception areas approved under ORS 197.732, or in an acknowledged urban growth boundary. This criterion implements ORS 215.296(1), otherwise known as the “Farm Impacts Test”. Due to recent updates to that statute, the Farm Impacts Test is addressed in the following section (7) of this staff decision. As per the findings in that section, the criterion is met. 2. Adequate fire protection and other rural services are, or will be, available when the use is established. The property is located within the Aurora Fire District and served by Marion County Sheriff’s Office. A well with pump on the property exists as a water source to the existing dwelling. Portable toilets are utilized for the employees of the business. Marion County septic indicated in their comments that a septic authorization will