CU24-028 BOC Order - Laserfiche WebLink

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(G� The agricultural and commercial activities must occur together in the local community to satisfy the statute. The subject property for this proposal is located just outside the Brooks-Hopmere community in an area otherwise surrounded by commercial agriculture operations. As described in criterion b above, Applicant provided statements by four of the agricultural operations that received mulch from the Applicant in the past. Three operations were located in Marion County and one in the neighboring Polk County. Applicant provides mulch product to the local agricultural community that are located within the central Willamette Valley around Salem. The criterion is met. (d) The products and services provided must be essential to the practice of agriculture. MCC 17.136.060(D)(4) implements state law and codifies requirements from caselaw. The criterion requires that a proposed commercial activity be "essential" to the practice of agriculture. Applicant argues that the mulching operations and resulting product is essential to the practice of agriculture. Applicant provided information regarding the uses and benefits of mulch in agricultural operations to support the contention that the service is essential for the practice of agriculture. The Affidavit of Marvin Klopfenstein establishes that Mr. Klopfenstein delivers mulch to cattle ranchers, blueberry farmers, and nursery farms. Mr. Klopfenstein does not charge for the mulch or the delivery of the mulch. (Applicant's October 31, 2024 Submission, Exhibit G), Dale G. Kaufman submitted an Affidavit that states: "The Applicant's supply of Mulch Chips to the Cattle Ranch is significant to the Cattle Ranch operations. The Mulch helps fight against the hard ground becoming thick mud where the cattle are at risk of sinking and injury and without the mulch, alternative practices would need to be taken which could result in higher operating costs for KCC (Kaufman Cattle Ranch). (Applicant's October 31, 2024 Submission, Exhibit H). Applicant provided the Affidavit of Lynn Richman Construction, LLC, in which Lynn Richman states that "Applicant's supply of Mulch is valued throughout cattle ranch and farming communities. (Applicant's October 31, 2024 Submission, Exhibit I). Applicant's October 31, 2024 submission argues that the affidavits submitted, in addition to the initial application, establishes that the "mulch is a necessity and benefit to cattle ranches. Applicant provided support for the position that mulch can have a beneficial impact to the practice of agriculture. Applicant establishes that mulch can have the benefits of moisture retention, natural weed suppression, and the protection of soil erosion by mitigating the impact of rainfall and runoff. Opponents counter Applicant's argument that mulching is essential to the practice of agriculture with support that mulching is beneficial for home uses, including yard appearance and landscaping. Adelman submits Exhibit 2 to its pre -hearing submission CU 24-028 - ORDER Klopfenstein Page 13 Page 18 of 26