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P25-017 Staff Decision
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P25-017 Staff Decision
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Last modified
9/8/2025 8:45:43 AM
Creation date
9/8/2025 8:46:08 AM
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Land Use
Case_Number
25-017
Document_Date
9/8/2025
Land Use Type
Partition
Tax_Lot_Number
083W28A002000
Document_Type
Decision
Site_Address
7412 LIBERTY RD S
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B. Prior to partition plat approval, notarize a Road Maintenance Agreement to be recorded concurrently with the <br />partition plat for collective maintenance of the proposed private easement drive [MCC 17.172.340]. <br /> <br />ENGINEERING REQUIREMENTS <br /> <br />C. The developable parcel shall share an existing, permitted driveway paved approach connection to Hylo Road <br />via private access easement. The Liberty Road driveway approach was required to be gated and restricted to <br />seasonal harvest use by larger farm equipment under the same Access Permit #10-02228 due to limited <br />Intersection Sight Distance (ISD). In the alternative to the Hylo Road access, a new shared residential access <br />could be installed under a permit within the Cole Road unopened R/W where there is anticipated sufficient <br />ISD at the Liberty Road connection. <br />D. Transportation System Development Charges (SDCs) & Parks fee will be assessed upon application for <br />building permits for a new dwelling. <br />E. Utility extension work in the public right-of-way requires permits from PW Engineering. <br /> <br />Marion County Surveyor’s Office commented: <br /> <br />a. Per ORS 92.055 – Parcels over 10 acres can be unsurveyed, if outside of an urban growth boundary. <br />b. Parcels 10 acres or less must be surveyed and monumented. <br />c. Per ORS 92.050, plat must be submitted for review. <br />d. Checking fee and recording fees required. <br />e. A current or updated title report must be submitted at the time of review. Title reports shall be no more <br />than 15 days old at the time of approval of the plat by the Surveyor’s Office, which may require <br />additional updated reports. <br /> <br />Salem Fire Department commented: “Salem Fire Department has no concerns with the partition. Items including <br />fire department access and water supply will be required per the Oregon Fire Code at the time of development. <br /> <br />Marion County Septic commented: “Parcel A will require an Existing System Evaluation Report and designate a <br />future septic repair area. Based on the history of the existing system and aerial photo, the system appears to have <br />had the potential for a road placed over it, vineyard and potentially a structure. Parcel B will require a Septic Site <br />Evaluation. Parcel C does not require any septic action at this time.” <br /> <br />Marion County Tax Assessor provided information regarding taxes on the subject property. <br /> <br />All other contacted agencies either failed to comment or stated no objection to the proposal. <br /> <br />6. There are no specific approval criteria for partitioning property in the AR zone. MCC 17.128.070 requires a <br />minimum lot size of two acres. Each of the parcels resulting from the proposed partition would meet this <br />standard. The criterion is met. <br /> <br />7. MCC 17.137.090(A)(1) requires a minimum parcel size of 80-acres in the SA zone. The subject property is zoned <br />both SA and AR. The SA-zoned portion of this property is approximately 14.93-acres, and this portion of the <br />property will not be partitioned. The criterion is met. <br /> <br />8. Chapter 17.181 MCC establishes provisions for partitioning property in an SGO zone. In the SGO-5 zone, <br />creating a parcel greater than five acres in size does not require the applicants to demonstrate sufficient <br />groundwater supply. However, the County requires a Declaratory Statement be recorded with the property deed <br />prior to the issuance of building permits. This notifies the applicant and subsequent owners that there may be <br />long-term groundwater supply problems and that the County is not responsible for deepening or replacing wells. <br />The criteria are met. <br /> <br />9. Based on the above findings, the proposed partitioning complies with the above criteria and is therefore <br />APPROVED, subject to conditions. <br /> <br /> <br />Brandon Reich Date: September 8th, 2025 <br />Planning Director/Zoning Administrator <br /> <br />If you have any questions, please contact Gillian Peden at 503-588-5038. <br /> <br />Notice to Mortgagee, Lienholder, Vendor or Seller: ORS Chapter 215 requires that if you receive this Notice, it must <br />promptly be forwarded to the purchaser.
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