P25-016 Staff Decision - Laserfiche WebLink

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other local, State or Federal agencies. This decision does not take the place of, or relieve the responsibility for, obtaining other permits or satisfying any restrictions or conditions. It is recommended that agencies mentioned in Finding #5 below be contacted to identify restrictions or necessary permits. The applicant is advised of the following: 7. Prior to recording the plat all taxes due must be paid to the Marion County Tax Department (contact the Marion County Tax Department at 503-588-5215 for verification of payments). 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. 9. The applicants should contact Marion County Land Development and Engineering (503-584-7714) for additional Engineering Requirements and Advisories, listed in Finding #5 below, that may be required. APPEAL PROCEDURE: The Marion 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 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, together with the appeal fee, 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 September 3rd, 2025, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. l. The subject property is designated Primary Agriculture in the Marion County Comprehensive Plan and is correspondingly zoned EFU (Exclusive Farm Use). The primary intent of both the designation and zone is to promote and protect commercial agricultural operations. 2. The property is located on the east side of Case Rd NE. It is a long 30-acre parcel in an irregular rectangular shape of approximately 450-feet wide and 3,250-feet long. The subject parcel stretches from Case road, to the southern half of a woodland area that stretches north across the eastern 6 acres of the north adjacent parcel. The property is in use for nursery crop production (specifically arborvitae) across approximately 25-acres, and this operation is occurring across the northern adjacent parcel and three southern adjacent parcels as well. In the northwest corner of the property is an 800-sqft ag building, noted as a machine shed by the assessor’s information. The property was the subject of measure 37 claim M06-312, and subsequent measure 49 order E134132, and is therefore legal for land use purposes. 3. The north and south adjacent parcels appear to be part of the same farming operation. Beyond these parcels, and to the west, are more farm operations, several of which also have homesites adjacent to Case Rd NE. approximately a quarter mile west of the subject parcel is Case Creek and a band of woodlands around the creek which flows north towards Champoeg park where it meets other creeks before entering the Willamette which is approximately 2 miles to the north. To the east of the subject parcel is a neighborhood of 1 to 5-acre parcels off Olmstead Rd NE which are zoned EFU and in use for rural residences. East beyond those parcels are larger parcels in agricultural use. 4. The Soil Survey Tool for Marion County, Oregon, indicates that 100% of the soils on the subject parcel are high value soils. 5. 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 B. An Access Permit will be required for any new driveway approach connection to Case Road.