PLA-V25-021 Staff Decision - Laserfiche WebLink

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8. The applicants should contact the Aurora Fire District to obtain a copy of the District’s Recommended Building Access and Premise Identification regulations and the Marion County Fire Code Applications Guide. Fire District access standards may be more restrictive than County standards. 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 condition or deny the application. Anyone who disagrees with the Director's decision may request that the application be considered by a Marion County hearings officer after a public hearing. The applicant may also request reconsideration (one time only and a fee of $200) 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. Requests for reconsideration, or consideration by a hearings officer, must be in writing (form available from the Planning Division) and received in the Marion County Planning Division, 5155 Silverton Road NE, Salem, by 5:00 p.m. on July 18th, 2025. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective July 19th, 2025 unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which decision was based are noted below. 1. The subject properties are designated Primary Agriculture in the Marion County Comprehensive Plan and correspondingly zoned EFU (Exclusive Farm Use. The primary intent of both this designation and zone is to promote and protect commercial agricultural operations. 2. The properties are located between Hubbard and Aurora on 99E, just north of where HWY 551 intersects 99E. 19798 Hwy 99E NE is the Olds Mobile Park, a 4.16-acre pre-existing non-conforming mobile home park with approximately 43 spots for manufactured dwellings. 19931 Fobert Rd NE is a 6.92-acre parcel in nursery crop production that contains a dwelling and two agricultural buildings. The subject parcel containing the Olds Mobile Park (tax lot 700) has existed in its current configuration since at least 1961 when it was described in a deed recorded in Volume 549 Page 685 in the Book of Land Records for Marion County, Oregon when the Olds purchased the property from the Slushers in 1961. Therefore, tax lot 600 is legal for land use purposes. The property at 19931 Fobert (tax lot 600) has a property description of approximately 52-acres followed by three “save and except” clauses that match descriptions of tax lots 500, 700, and 800. The description of approximately 52-acres dates back to at least 1932 when it was described in a deed recorded on Volume 214 Page 240. Tax lot 700, containing Olds Mobile Park, was separated by deed by at least 1961 as discussed above. Tax lot 500 is east adjacent of both subject parcels, addressed 19911 Fobert Rd, and contains approximately 32-acres in hazelnut production. Tax lot 500 was described in its current configuration by at least 1953 when it was described by deed in Volume 456 Page 47. Tax lot 800 is south adjacent to the Olds Mobile Park and contains a hazelnut processing plant. Tax lot 800 was described separately from tax lot 600 by at least 1948 when it was described by deed in Volume 384 Page 45. Tax lot 800 has been subsequently modified first by Lot Line Adjustment LLA94- 015, and later Conditional Use/Variance/Partition CU/V/P04-031. Staff was unable to find a deed describing tax lot 600 in its current configuration prior to September 1st, 1977, however the descriptions of tax lots 500, 700, and 800 prior to that date show that tax lot 600 acted as the parent parcel and became the remanent of these legal divisions of land. The current save-and-except portions of the deed for tax lot 600 match the property descriptions of these aforementioned parcels at the times which they were separated. Therefore, tax lot 600 is legal for land use purposes. 3. Directly adjacent properties are engaged in a variety of uses unique to the larger area which is predominantly in farm use. To the east of both subject parcels is a hazelnut orchard. The existing septic drainfield for the Olds Mobile Park is underneath this Orchard. To the north is a hazelnut processing operation established in 1979. To the south is another hazelnut processing operation established in 1988 and expanded in 1994. Directly south of the southern hazelnut processing plant is a vineyard supply sales and service facility established in 2004. To the west across highway 99E is a strip of land between the highway and railroad that is zoned commercial and in use for storage and warehousing. West of that railroad is a hazelnut orchard.