CU25-019 Staff Decision - Laserfiche WebLink

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be necessary. The applicant is not proposing any additional structures. All existing structures, and the use, appear to have adequate rural services. The criterion is met. 3. 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 applicant states that the landscaping business would not require further permanent development of the land and that no operations would negatively impact these elements of the land, air, and water. There is an unnamed perennial tributary of Deer Creek that abuts the northeastern corner of the subject property and runs along the property adjacent to the north. The applicant offered a condition of approval to install a 3-foot silt fence along the northside of the gravel area to ensure that the creek is not affected by dust on site. Staff finds this condition sufficient to avoid potential impacts on the creek. Marion County Building Inspection noted that if the storage and/or use of plastics or fertilizers exceed the maximum allowable quantities from OSSC Section 307 within a structure regulated by the state building code, then a permit may be required to address fire safety systems. This permitting, if required, will ensure mitigation of potentially adverse or obliterative impacts of these chemicals. No other potential impacts to watersheds, groundwater, fish and wildlife habitat, soil and slope stability, air and/or water quality have been identified. Landscaping businesses can be operated with limited impacts on the land. The installation of the silt fence, and otherwise continuous compliance with this criterion shall be conditions of approval. The criterion is met. 4. Any noise associated with the use will not have a significant adverse impact on nearby land uses. The applicant states that the landscaping business is operated in a manner that limits noise. The landscaping services provided are performed off site, therefore the majority of the noise associated with the use is occurring off site. Equipment is moved during daytime business hours but is otherwise left unused at other times and does not create noise. Maintenance of equipment will be performed in the agricultural building. The growing of nursery stock (a farm use) will not create significant adverse noise impacts. The criterion is met. 5. 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, mineral or aggregate sites identified in the comprehensive plan near this property. The criterion is met. 7. In addition to the above conditional use criteria out of Marion County Code, the proposal must satisfy the Farm Impacts Test which is being applied directly from Oregon Revised Statutes (ORS 215.296(1)). (a) Will not force a significant change in accepted farm or forest practices on surrounding lands devoted to farm or forest use; and (b) Will not significantly increase the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use. (c) For purposes of subsection (a) and (b), a determination of forcing a significant change in accepted farm or forest practices on surrounding lands devoted to farm and forest use or a determination of whether the use will significantly increase the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use requires: (A) Identification and description of the surrounding lands, the farm and forest operations on those lands, and the accepted farm practices on each farm operation and the accepted forest practices on each forest operation; The applicant provided analysis of all parcels withing a quarter-mile of the subject parcel. The primary farm operations in this area are for corn and other row crop production. There are a couple parcels engaged in livestock and nursery stock. There is also a single compost operation. There are no forest uses in the immediate area.