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CU25-014 PC Decision
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CU25-014 PC Decision
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Last modified
6/17/2025 12:21:33 PM
Creation date
6/17/2025 12:21:46 PM
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Land Use
Case_Number
25-014
Document_Date
6/17/2025
Land Use Type
Conditional Use
Tax_Lot_Number
041W340000800
Document_Type
Decision
Site_Address
17644 PAINTER LOOP NE
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farm use zoned parcels, because of the relatively lower cost of agricultural land, is <br />part of what Oregon’s statewide land use planning was intended to protect against. <br />The relative cost of land where commercial and industrial uses are permitted is <br />higher than that of agricultural land where commercial and industrial uses are <br />prohibited. By restricting expansion of these uses onto farmland, the farmland is <br />protected for use by future generations. <br /> <br />The applicant moved his commercial business onto an exclusive farm use property to <br />save money on rent. In the process of doing so, he ended the farm operations that had <br />been present on the subject parcel for at least 30 years. The proposal has therefore <br />already increased the cost of farming on the subject parcel to the degree that it is no <br />longer farmed, and therefore additionally significantly changed farm operations on <br />the subject parcel by ending them. Significant increases in cost and changes to <br />practices on surrounding farm parcels are likely if the unpermitted use continues. <br />Therefore, the Planning Commission finds that proposal fails the farm impacts test <br />and does not meet the criteria required by MCC 17.136.060(A)(1). <br /> <br /> 2. Adequate fire protection and other rural services are, or will be, available when <br /> the use is established. <br /> <br />The subject parcel is served by the Hubbard Fire District and the Marion County <br />Sheriff's Department. A well with pump on the property exists as a water source <br />to the existing dwelling. The criterion is met. <br /> <br />3. The use will not have a significant adverse impact on watersheds, groundwater, <br /> fish and wildlife habitat, soil and slope stability, air and water quality. <br /> <br />The applicant stated that no aspect of this proposal appears to have any potential <br />impact on watersheds, groundwater, fish and wildlife habitat, soil and slope <br />stability, air and/or water quality. <br /> <br />Neighbors have submitted written comment, and testimony at the hearing, calling <br />this assertion into question. The proposed parking area is directly adjacent to an <br />intermittent stream, Brandy Creek, and the vehicles are parked on gravel. There is <br />nothing to stop fluids from leaking into the soil and subsequently the water. As <br />pointed out by the Planning Commission, the pipes and fittings on diesel trucks <br />expand as the vehicles run, and when parked again those same components cool <br />and the resulting mechanical fluctuations result in leakage of oil and coolant. <br />Commercial vehicles such as these tow trucks require asphalt parking lots with <br />water detention and treatment systems to ensure no significant adverse impacts <br />are created by chemical leaching into the soils, watershed, and groundwater. <br /> <br />Neighbors stated that the applicant burns trash on a regular basis causing negative <br />impacts to the air quality in the area. This issue may be at odds with Marion <br />County Solid Waste Management ordinance (MCC 8.05.170), but is not <br />specifically related to the proposed tow truck business. <br /> <br />The applicant has not provided any information to support his claim that the <br />proposed tow truck business will not have a significant adverse impact on <br />watersheds, groundwater, and soils. The Planning Commission finds that this <br />criterion is not met.
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