CU24-028 BOC Order - Laserfiche WebLink

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Exhibit A Findings of Fact The Marion County Board of Commissioners, after careful consideration of the testimony and evidence in the record, issues the following findings of fact: The subject property is designated Primary Agriculture in the Marion County Comprehensive Plan. The major purpose of this designation and the corresponding EFU (Exclusive Farm Use) zone is to promote the continuation of commercial agricultural and forestry operations. The zoning does also allow for certain commercial activities conducted in conjunction with agriculture subject to certain conditions and criteria. 2. The property is located at 5711 Brooklake Rd. NE on the north side of Brooklake Rd. It is roughly a half mile east of the intersection of Brooklake Rd. and Hwy 99E. The property contains a dwelling, accessory structures, and a substantial amount of tree debris and heavy machinery located on the property according 2023 aerial imagery of the property. Further review of available street imagery shows large logs stored on the property that are visible from the road. Behind a dirt berm separating the outside of the homesite area is a farm field that encompasses the remainder of the parcel. Surrounding uses are predominantly agricultural operations located on all sides except for the northern half of the west property line, which is next to residential parcels zoned Acreage Residential within the Brooks-Hopmere community. Commercial uses within Brooks-Hopmere are located half a mile down Brooklake Rd. where it intersects with Hwy 99E. Additionally, a dedicated right-of-way for 57th Ave NE (a non -county road) runs along the full extent of the western property line, but most of this right-of-way is not actively used for a roadway. 4. Soil Survey of Marion County Ore own indicates 100% of the subject property is composed of high -value farm soils. 5. Applicant is proposing to establish a mulching business as a commercial use in conjunction with agriculture on the subject property. The business operations would include the storage of woody debris from applicant's tree trimming business to be turned into mulch, the production of the mulch on -site, and the storage of mulch. 6. Various agencies were contacted with 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: Requirements: A. Within 30 calendar days from the date of full land use approval, obtain an Access Permit to permanently close the private driveway approach to Brooklake Road in favor of taking all access off 57th Avenue. Rationale is that the property already has two accesses from 57th Avenue, which is considered CU 24-028 - ORDER Klopfenstein Page 1