AR25-023 Staff Decision - Laserfiche WebLink

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B. The hours of event operation; C. Access and parking; D. Traffic management; E. Noise management; and F. Sanitation and solid waste handling. 8. If on-site retail sales of wine, incidental items or services occur, upon request from the Marion County Planning Director, the applicant shall submit a written statement for the tax year in which the sales occurred, prepared by a certified public accountant, certifying compliance with the standards in MCC17.125.030 (A)(1). 9. A special 100-foot setback shall be maintained from the property lines for the winery, tasting room and all public gathering places (MCC 17.136.070 (A)(2)). 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 thereon. It is recommended that the agencies mentioned in Finding #6 below be contacted to identify restrictions or necessary permits. The applicant is advised of the following: 10. The applicants should contact the Jefferson 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. 11. The applicants should contact Marion County Land Development and Engineering (503-584-7714) for additional Engineering Requirements and Advisories, listed in Finding #6 below, that may be required. APPEAL PROCEDURE: The Marion County Zone Code provides for certain applications to 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) based on 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 22nd, 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 23rd, 2025, unless appealed. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. 1. The SA (special agriculture) zone is applied in areas characterized by small farm operations or areas with a mixture of good and poor farm soils where the existing land use pattern is a mixture of large and small farm units and some acreage homesites. This zone allows the flexibility in management needed to obtain maximum resource production from these lands. It emphasizes farm use, but forest use is allowed and protected from conflicts. The SA zone is also intended to allow other uses that are compatible with agricultural activities, to protect forests, scenic resources and fish and wildlife habitat, and to maintain and improve the quality of air, water and land resources of the county. 2. The property is located on the south side of Marion Hill Road approximately 1.1 miles west of its intersection with Duckflat Road SE. The 59.27 acre parcel identified as tax lot 500 is developed with a 1975 dwelling, and as many as 5 accessory structures, a well and septic system. Tax lot 500 was created in its current configuration as a result of approval of Major Partition case number MJP76-035 and has remained in the same configuration. Both the dwelling and the parcel are considered legally established for land use purposes. 3. Surrounding properties are zoned Special Agriculture (SA). The properties surrounding the subject properties are engaged in agricultural uses and most are developed with dwellings. 4. Soil Survey of Marion County, Oregon indicates that the subject parcel consists 67.1% high value farm soils and 32.9% non-high value soils with and an estimated timber yield of 163ft/ac/yr. 5. The applicants are proposing to establish a tasting room in an existing building that will eventually also be used to produce and store wine. The applicants state that they do not plan to build a new winery building for the production