CU24-028 BOC Order - Laserfiche WebLink

Home Browse Search

(Exhibit 1). Mr. Klopfenstein does not charge for the mulch, and indicates the mulch is provided as service to the agricultural community. However, the lack of cost it is not considered as a significant factor in determining the "essential" nature of the mulch. The Affidavits do not establish in the record that the mulch is "essential" or that other alternatives could not be used. Opponents establish that mulch has many non -farm or residential uses. There is insufficient evidence to establish that mulch is essential to the practice of agriculture with particularity, and the criterion is not met. MCC 17.136.060(A) 8. In addition to the specific criteria above, the proposal must also satisfy the conditional use criteria in MCC 17.136.060(A). Those requirements are: (a) The use will not_force a significant change in, or .significantly increase the cost of, accepted farm or forest practices on surrounding lands devoted to farm or.forest use. Land devoted to./arm or.forest use does not include farm or forest use on lots or parcels upon which anon -farm or non forest dwelling has been approved and established, in exception areas approved under ORS 197.732, or in an acknowledged urban growth boundary. Marion County Code 17.136.060(A) outlines the Farm Impacts Test to evaluate whether a proposed conditional use within an Exclusive Farm Use zone will adversely affect existing agricultural operations. Applicant claims that the proposed commercial use would not force a significant change in accepted agricultural practices in the local area because the location is on a portion of the parcel that was not previously dedicated to farming. Applicant states that the traffic impact will be limited as debris will be picked up and dropped off on an as -needed basis, and the use will be confined to the roughly 1.5-acre area identified on the site plan. Applicant also claims the site has been in commercial use for "many years." While this last claim is not substantiated by aerial imagery even as recent as 2021, the other three claims are generally substantiated by the available imagery and description of the business process in the application. The proposed use as a site for commercial mulch generation brings has the potential to introduce tree diseases or insect pests into the local area that could significantly damage local agricultural operations (such as the hazelnut orchard on the adjacent western property) by acting as an introduction point and breeding ground for diseases and pests on a property where the impacted adjacent farmers cannot apply their fungicides or pesticides to combat these threats. While the level of pest introduction is not simple to predict, the proposed activity is capable of critically damaging the economic viability and force a change in local farming practices through the introduction of new pests or diseases that destroy crops grown in the local area. CU 24-028 - ORDER Klopfenstein Page 15 Page 20 of 26