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CU25-019 Staff Decision
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CU25-019 Staff Decision
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Last modified
5/3/2025 1:21:31 PM
Creation date
5/3/2025 1:22:00 PM
Metadata
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Land Use
Case_Number
25-019
Document_Date
5/3/2025
Land Use Type
Conditional Use
Tax_Lot_Number
041W04C001300
Document_Type
Decision
Site_Address
22902 SCHULTZ RD NE AURORA
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(B) An assessment of the individual impacts to each farm and forest practice, and whether the proposed use is <br />likely to have an important influence or effect on any of those practices. This assessment applies practice by <br />practice and farm by farm; and <br /> <br />The applicant determined the potential impacts of the proposed landscaping in conjunction with nursery crop <br />production business and provided assessments of the individual impacts. These potential impacts include dust, <br />noise, and traffic impacts. The potential for dust production is for reasons common to the existing farm uses in <br />the area. The dust production will be a result of farming the nursery crops and driving vehicles over the gravel <br />parking lot. The applicant plans to employee standard dust mitigation efforts such as watering the gravel area <br />as needed. The noise created will be entirely congruous with existing farm uses in the area. These noises will <br />be related to the planting and movement of nursery crops, the assembly of employees, and maintenance of <br />vehicles and equipment within the existing Agricultural structure. The potential traffic will result from <br />employees traveling to and from the subject parcel. No customers will visit the property. The applicant notes <br />that the business is somewhat seasonal, being busiest from May through September, when there will be <br />between four to six vehicles traveling to and from the subject parcel through the day. The traffic impact is not <br />unlike traffic generated by a farm operation and cannot be said to have significant influence or effect on those <br />farm operations around the subject parcel. <br /> <br />(C) An assessment of whether all identified impacts of the proposed use when considered together could have a <br />significant impact to any farm or forest operation in the surrounding area in a manner that is likely to have an <br />important influence or effect on that operation. <br /> <br />The identified impacts of dust production, noise, and traffic impacts have been described individually by the <br />applicant and are all impacts that are standard impacts from farming. Even when considered together, these <br />impacts will not have a significant impact on any of the farm operations in the surrounding area. <br /> <br />(D) For purposes of this subsection, examples of potential impacts for consideration may include but are not <br />limited to traffic, water availability and delivery, introduction of weeds or pests, damage to crops or livestock, <br />litter, trespass, reduction in crop yields, or flooding. <br /> <br />The applicant considered these impacts and addressed those that were applicable the subject parcel and area <br />within ¼ mile of the subject parcel. Those impacts, as addressed above, are dust, noise, and traffic. <br /> <br />(E) For purposes of subsection (a) and (b), potential impacts to farm and forest practices or the cost of farm and <br />forest practices, impacts relating to the construction or installation of the proposed use shall be deemed part <br />of the use itself for the purpose of conducting a review under subsection (a) and (b). <br /> <br />The applicant is not proposing any construction or installation required for the landscaping aspect of the <br />proposed use. The planting, maintenance, and harvest of nursery crops is an outright permitted farm use. The <br />existing graveled area and agricultural structure will used for the storage of landscaping and farm equipment <br />related to the use. The previous construction of the structure on the property would not be dissimilar to the <br />construction of pole barns on farm properties in the area, and no evidence suggests that the construction <br />created impacts on surrounding farm practices. <br /> <br />(F) In the consideration of potentially mitigating conditions of approval under ORS215.296(2), the governing <br />body may not impose such a condition upon the owner of the affected farm or forest land or on such land itself, <br />nor compel said owner to accept payment to compensate for the significant changes or significant increases in <br />costs described in subsection (a) and (b). <br /> <br />The county recognizes this requirement. No conditions of approval are being imposed on affected farm or <br />forest landowners, nor are any landowners being compelled to accept payment as compensation for significant <br />changes to, or significant increases in costs of, accepted farm and forest practices in the area. <br /> <br />The applicant provided, and staff has reviewed, the above analysis of the proposal subject to the Farm Impacts <br />Test in ORS 215.296(1) subsection (a) and (b) via the process outlined in subsection (c)(A-F), which shows that <br />the proposal to establish a landscaping business in conjunction with nursery crop production on the subject parcel
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