AR25-009 Staff Decision - Laserfiche WebLink

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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 a 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 applications. 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 June 23rd, 2025. If you have questions about this decision, contact the Planning Division at (503) 588-5038 or at the office. This decision is effective June 24th, 2025, unless appealed. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. 1. The subject property is designated Special Agriculture in the Marion County Comprehensive Plan and zoned SA (Special Agriculture). The purpose of this zoning is to provide areas for commercial agriculture operations of various sizes in order to obtain maximum resource production from these lands. 2. The subject property is located north of Heritage Hill Rd SE and is situated approximately 1,800 feet west of the intersection with 71st Ave SE. The property consists of one small farm building near the road, and the rest is covered in landscaping trees used for the farming operation. The property gently slopes downhill from the south to the north. The subject property was created as Lot #7 of the Churchill Walnut Grove Subdivision #2 in 1916. A Legal Lot Determination for this subdivision was done to determine the legal lots on the property. This determination found that Lot 7 is a legally recognized lot because the divisions took place prior to the county’s adoption of land use planning regulations. Therefore, this parcel is legal for land use purposes. 3. Surrounding uses in the area include a mix of commercial farming operations of various sizes and a number of nearby acreage homesites to the north and southwest. The property is also located within a mile of the City of Salem urban growth boundary. 4. The applicant is proposing to establish a primary farm dwelling on the property based on an income standard. The dwelling will be lived in by an individual principally engaged in day-to-day farm operations. 5. Soil Survey of Marion County Oregon shows that 100% of the soils on the property are high value. 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: A. An Access Permit will be required at the time of application for building permits. B. Transportation System Development Charges (SDCs) and Parks fee will be assessed at the time of application for building permits. C. Utility service extensions originating from the public right-of-way require permits from PW Engineering. Advisories: D. Heritage Hill Road is a Local Access Road not maintained by Marion County. Maintenance defaults to adjacent property owners. Marion County Building commented: “No Building Inspection concerns. Permit(s) are required to be obtained prior to the development of structures and/or utilities installation on private property.”