PLA25-037 Staff Decision - Laserfiche WebLink

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APPEAL PROCEDURE: The Marion County Zone Code provides that certain applications be considered first by the County Planning Director. If there is any doubt that the application conforms with adopted land use policies and regula- tions the Director must condition or deny the application. Anyone who disagrees with the Director's decision may request that the application be considered by a Marion County hearings officer after a public hearing. The applicant may also request reconsideration (one time only and a fee of $200) on the basis of 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. Requests for reconsideration, or consideration by a hearings officer, must be in writing (form available from the Planning Division) and received in the Marion County Planning Division, 5155 Silverton Road NE, Salem, by 5:00 p.m. on October 20th, 2025. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is October 21st, 2025, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which decision was based are noted below. 1. The subject properties are designated Special Agriculture in the Marion County Comprehensive Plan and correspondingly zoned SA (Special Agriculture). The primary intent of both this designation and zone is to promote and protect small farm operations or areas with a mixture of good and poor farm soils. 2. The subject properties are located 3,100 feet north of Delaney Rd SE in the 4600 block. The properties are accessed via a private gravel drive that moves north from Delaney Rd SE. The general topography of the subject area is sloped as it sits near the top of a hill with an elevation of 540 feet above sea level and contains small amounts of geo-hazard level 3. Tax lot 900 contains one farm structure according to the Marion County Assessor’s Office and consists of a woodlot area in the north and open grass to the south. Tax lot 600 contains a 1976 assessed manufactured dwelling and is otherwise vacant. Tax lot 900 was recently the subject of a legal lot determination (case AR25-016) to determine if it was a separate legal lot from tax lot 600. The case found that the two lots were a single unit of land until June 1977, when tax lot 600 was conveyed separately by deed, which was a legal partitioning of land at that time as Marion County had not formally adopted the partitioning and subdivision ordinance regulating the action. Tax lot 600 has remained in the same configuration since that point and is legal for land use purposes. Tax lot 900 was involved in a subsequent partition (P86-036) that created it in its current configuration. It is considered legal for land use purposes. 3. All immediately adjacent properties to the subject parcels are zoned SA (Special Agriculture) and consist of parcels involved in various types of farm use, natural forested areas, and some small acreage home sites mixed in. Beyond this, starting 800 feet to the east, is the City of Turner, where there are nearby urban uses. Lastly, the other major features in the area are an aggregate pit site 1,500 feet to the south and the main stem of Mill Creek downhill 750 feet to the east. 4. The applicants are proposing to adjust the property lines between a 40.54-acre parcel and an 8.68-acre parcel to create a 29.27-acre parcel and a 20.00-acre parcel. 5. Soil Survey for Marion County, Oregon, indicates approximately 81.0% of the soils on the subject properties are classified as high value. 6. Various agencies were contacted about the proposal and given an opportunity to comment. Turner Fire District commented: 1. Fire apparatus access roads shall be in accordance with Oregon Fire Code (OFC) section 503. a. It is noted that access to this property (4741 Delaney) is provided on a roadway that passes through an adjacent property shown as owned by Bryan Smith and along property currently occupied by River Bend Materials (Turner Quarry). The existing roadway currently serves four structures, a single manufactured home and three additional structures. The same road also serves the adjacent parcel being considered.