PLA25-028 Staff Decision - Laserfiche WebLink

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OTHER PERMITS, FEES, AND RESTRICTIONS: This approval does not remove or affect any covenants or restrictions imposed on the subject property by deed or other instrument. The proposed use may require permits and/or fees from 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 thereon. It is recommended that the agencies mentioned in Finding #6 below be contacted to identify restrictions or necessary permits. 8. Prior to recording the deed all taxes due must be paid to the Marion County Assessor Tax Section (contact them at (503) 588-5215 for verification of payments). 9. The applicants should contact the Woodburn 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 September 3rd, 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 4th, 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 on the east side of Butteville Rd NE, roughly 900 feet south of the intersection between Butteville Rd and St Paul Hwy NE. The 15.56-acre parcel, henceforth referred to as tax lot 100, contains a 1915 dwelling and accessory farm structures. The 0.44-acre parcel, henceforth referred to as tax lot 200, is currently vacant, but formerly contained a 1901 dwelling that was recently removed but still shows on the Marion County Tax Assessor’s property information. The subject parcels have both been the subject of recent land use cases. Tax lot 100 was most recently involved in cases AR25-006 and P24-004, which resulted in approval of a replacement dwelling for the still existing 1915 dwelling on the parcel and approved a partition through a Measure 49 claim that allowed the creation of tax lots 101 and 102 (adjacent to the east). Tax lot 100 has not changed its configuration since the partition and is considered legal for land use purposes. Tax lot 200 was most recently the subject of case AR24-027, which approved the replacement of the previously referenced 1901 residence. The parcel is considered legal for land use purposes. 3. While all but one of the surrounding parcels are zoned EFU, the uses on these surrounding parcels are diverse and unique compared to similar areas in the county. To the south there are several smaller parcels, some in use as small field farm sites, but the majority are acting as large acreage home sites and do not appear to be engaged in commercial agriculture. Additionally, there is a convenience store at the Broadacres and Butteville road intersection that pre-dates the adoption of planning and zoning ordinances. To the north are some larger properties engaged in commercial agriculture but also several smaller lots only acting as home sites not engaged in agriculture. To the east, there are 2 parcels that were created via a Measure 49 claim that are undeveloped, and beyond that there is a 2-acre photovoltaic solar power generation facility and an approved site for a commercial seed cleaning plant (CU/P22-035). Just beyond that developed area flows the Senecal Creek, a significant perennial creek in the area. Finally, immediately to the west of the parcel are Butteville Rd and a railway line,