CU25-035 Staff Decision - Laserfiche WebLink

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important influence on local farm or forest practices, particularly by the use of mitigation strategies. The criterion is met. (C) An assessment of whether all identified impacts of the proposed use when considered together could have a significant impact to any farm or forest operation in the surrounding area in a manner that is likely to have an important influence or effect on that operation. (D) For purposes of this subsection, examples of potential impacts for consideration may include but are not limited to traffic, water availability and delivery, introduction of weeds or pests, damage to crops or livestock, litter, trespass, reduction in crop yields, or flooding. The applicant claims that the impacts of the proposed landscape contracting business will be limited. They state they have taken measures to have all impacts directed inward of the parcel. Specifically, the farm building to be used for the landscaping business is only open facing south, toward the dwelling. The dwelling, in turn, hides the barn from the residence to the south of the parcel. Furthermore, the applicants state they have added a fence along Butteville Rd to mimic that of the neighbors and make the property more aesthetically pleasing. The conversations and agreements with adjacent property owners (listed above) show that the proposed mitigation strategies can limit the cumulative impact of the landscaping business on these local farm uses. Specifically, the applicants indicate they will keep all property boundaries clean, use targeted spraying to reduce drift of chemicals, and have added slag to the driveway to reduce dust. Additionally, the activity of employees can have its effects mitigated through the limiting of hours of operation for small motor tools and equipment in conditions of approval, as well as conditioning the operation to adhere to the noise ordinance section of the Marion County Code (MCC 8.45). The criterion is met or can be met through imposed conditions. (E) For purposes of subsection (a) and (b), potential impacts to farm and forest practices or the cost of farm and forest practices, impacts relating to the construction or installation of the proposed use shall be deemed part of the use itself for the purpose of conducting a review under subsection (a) and (b). This section outlines considerations for the previous criteria sections. (F) In the consideration of potentially mitigating conditions of approval under ORS215.296(2), the governing body may not impose such a condition upon the owner of the affected farm or forest land or on such land itself, nor compel said owner to accept payment to compensate for the significant changes or significant increases in costs described in subsection (a) and (b). This section outlines limitations on jurisdictions to impose conditions upon affected farm or forest landowners. No conditions are being assessed to neighboring affected farm or forest landowners. 9. MCC 17.136.050(B) requires that a declaratory statement meeting the requirements of MCC 17.136.100(C) be filed and this serves to notify the applicant and subsequent owners that there are farm or timber operations in the area. 10. Based on the above findings it has been determined that the applicant’s request meets all applicable criteria for a and is, therefore, APPROVED, subject to conditions. Brandon Reich Date: September 19th, 2025 Planning Director/Zoning Administrator If you have any questions regarding this decision contact Gillian Peden at (503) 588-5038 Notice to Mortgagee, Lienholder, Vendor or Seller: ORS Chapter 215 requires that if you receive this Notice, it must promptly be forwarded to the purchaser.