AR25-018 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 regulations 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 September 2nd, 2025. If you have questions about this decision contact the Planning Division at (503) 588 -5038 or at the office. This decision is effective on September 3rd, 2025 unless appealed. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. 1. The subject property is designated Forest in the Marion County Comprehensive Plan and zoned TC (Timber Conservation). The purpose of the TC (Timber Conservation) zone is to conserve forest lands by maintaining the forest land base and to protect the forest economy by making possible economically efficient forest practices that assure the continuous growing and harvesting of forest tree species as the leading use of forest land consistent with sound management of soil, air, water, and fish and wildlife resources and to provide for recreational opportunities and agriculture. 2. The subject property is located at 711232 Pioneer Rd SE, on the east side of the intersection of Pioneer Rd SE and North Fork Rd SE, in between said intersection and a portion of the Little North Santiam River. The parcel is technically split zoned between TC and EFU (Exclusive Farm Use), however the only portion of the property zoned EFU is a small triangle (approximately 0.07-acres) separated from the rest of the parcel by the Pioneer Rd right-of- way. Most of this EFU portion is taken up by Summerhaven Dr SE, a private access easement. The portion of the parcel that formerly contained a dwelling is the remaining TC zoned area of the property. Research into the history of the parcel found that it has been in the same configuration since March 27, 1997, when Marion County purchased easement for additional right-of-way to upgrade the Pioneer Rd bridge (Reel 1396 Page 455). The parcel is legal for land use purposes. 3. Surrounding uses in the immediate area are mostly recreational and forestry related. Prior to the Beachie Creek (Canyon) wildfires of 2020, much of the surrounding properties on the east side of the Little North Santiam River were heavily forested and contained seasonal recreation houses and cabins and the Taylor Park Recreational Park (identified and approved through various land use cases). To the south are several AR (acreage residential) zoned parcels that are developed into vacation cabin developments. Finally, to the west there are split zoned EFU (exclusive farm use) and TC zoned parcels that have a mixture of pasture and forested parcels. Other unique features in the area include the Little North Santiam River making up the east boundary of the parcel and Hwy 22 roughly 1,700 feet to the south of the subject parcel. 4. Soil Survey of Marion County Oregon indicate that 77.9% of the soils on the subject parcel are considered high value for farming. 5. The applicant is proposing to replace a dwelling on a 2.62-acre parcel in the TC (Timber Conservation) zoned portion of a TC and EFU split zoned parcel that was destroyed in the 2020 Beachie Creek Fire. 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. ENGINEERING REQUIREMENTS A. Transportation System Development Charges (SDCs) & Parks fee are typically assessed upon application for building permits for a new dwelling. Credit for the prior dwelling since destroyed in the Beachie Creek (Canyon) Fire can be afforded through the end of calendar year 2025. Application made for building permits in 2026 and beyond will not be eligible for the Canyon Fire waiver.