P25-017 Staff Decision - Laserfiche WebLink

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ADDITIONAL CONDITIONS: Once the approved use is established the following conditions must be continually satisfied: 6. After the final Partition plat has been recorded no alteration of property lines shall be permitted without first obtaining approval from the Planning Director. OTHER PERMITS, FEES, AND RESTRICTIONS: This approval does not remove or affect 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 restrictions or conditions. It is recommended that the agencies mentioned in Finding #5 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 applicant should contact the Salem Suburban 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 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 23rd, 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 24th, 2025, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. l. The property is designated Rural Residential and Special Agriculture in the Marion County Comprehensive Plan. The purpose of the Rural Residential designation and the corresponding AR (Acreage Residential) zone is to allow the creation of acreage homesites at a density that maintains the character and environmental quality of rural residential areas. The Special Agriculture designation and the corresponding SA zone is applied to areas characterized by small farm operations or areas with a mixture of good and poor farm soils. 2. The subject property is located directly east of Liberty Rd S, approximately 400 feet north of its intersection with Hylo Rd SE. The southeast portion of the property can be accessed off Hylo Rd SE. The property contains five farm buildings and no dwellings. The entire property is used for farming operations. The subject property was described in 1962 recorded deed (Vol. 726 Pg. 87) and has been described in this configuration since. The subject property is therefore legal for land use purposes. 3. Surrounding uses consist of AR parcels to the west and southwest. Directly north, east, and southeast of the property consist of large, SA zoned parcels in active farm use. 4. The applicant proposes to divide a 26.93-acre parcel into three parcels consisting of 6-acres, 6-acres, and 15.93- acres. 5. Various agencies were contacted with requests for comment. Marion County LDEP requested the following be included: ENGINEERING CONDITIONS A. On the partition plat dedicate a 30-foot R/W half-width over the two subject property 6-acre parcels Cole Road property frontages to meet the County Local road standard, and including a 30 -foot property corner radius at the intersection of Liberty Road and Cole Road [MCC 17.172.240 & 17.172.200, respectively].