CU25-041 Staff Decision - Laserfiche WebLink

Home Browse Search

7. Oregon Fire Code 507.1. An approved water supply capable of supplying the required fire flow for fire protections shall be provided to premises on which facilities, building or portions of buildings are hereafter constructed or moved into or within the jurisdiction (Turner Fire District). Note to Applicants: Applicants are encouraged to contact Turner Fire District for assistance with determining how best to address fire service features for this project. All other contacted agencies either failed to comment or stated no objection to the proposal. 6. All conditional uses are subject to the general criteria in MCC 16.40.020, these include: (a) The use is listed as a conditional use in the zone, or is otherwise identified as a conditional use and is consistent with the intent and purpose of the zone and the provisions that authorized consideration as a conditional use. MCC 16.13.020 outlines the uses that are allowable within the UT zone through approval of a conditional use permit. While automotive towing services, parking lots for towing services, and vehicle dismantler services are not explicitly stated in this section, letter Q under this section establishes that “uses allowed outright or conditionally in the most restrictive zone … consistent with the land use designation” are a permittable conditional use in the UT zone. The land use designation for the subject parcel in the City of Salem Comprehensive Plan is industrial. The most restrictive zone in Chapter 16 “Urban Zoning” of the Marion County Code that is consistent with the industrial designation is the IC (Industrial Commercial) zone. The description of this zone, including the permitted and conditional uses, is found under MCC 16.09. Within this chapter, MCC 16.09.010 identifies that uses categorized under the Standard Industrial Classification (1987) chapter 75 Automotive repair services and parking (henceforth referred to as SIC 75) are a permitted use in the IC zone. Tower services, tow-in parking lots, and wrecker services all fall under SIC 75, meaning all 3 proposed uses are allowable as conditional uses for the subject parcel. Therefore, the criterion is met. (b) The parcel is suitable for the proposed use considering such factors as size, shape, location, topography, soils, slope stability, drainage and natural features. The surrounding uses in the area, as previously discussed, show that industrial uses are active within much of the area to the north of the subject property. Residential uses are both planned and in-place on parcels to the south, but much of the existing development is separated from the subject parcel by a 100-foot ridge, providing natural screening for industrial uses. There are also a combination of canals, ditches and berms (in the form of the railroad tracks) in the area that collect runoff from the hill and Mill Creek, reducing risks of flooding or runoff collecting pollutants generated by the proposed use. The parcel itself is flat, meaning it is well suited for development into a towing yard requiring a large space for vehicle storage. With the combination of the location next to other industrial uses, a natural boundary from most of the existing residential development, and the existing topography being well suited for the proposed uses, the subject parcel passes the basic suitability review required by this section. Therefore, the criterion is met. (c) The proposed use, as conditioned, will not substantially limit, impair, or preclude the use of surrounding properties for the uses permitted in the applicable zone. There are several development standards within the Marion County Code that address screening requirements and other forms of impact mitigation that, if adhered to, will prevent the proposed development from substantially limiting, impairing, or precluding appropriate uses on neighboring parcels. The relevant development standards are found within MCC chapters16.26 through 16.34. Of particular note, MCC 16.26.580 outlines specific use standards for businesses involved in automotive repair, service and parking (SIC 75). These include concrete or asphalt surfacing, sight-obscuring fences along abutting residential zones, and relegating certain activities to only being conducted indoors. These standards, along with the other relevant standards in the above referenced sections shall be made conditions of approval that must be met prior to the implementation of the proposed uses. Additionally, Marion County LDEP and other departments provided information on their own standards that will apply to the development concurrently with Planning’s, which will also help limit impacts on the surrounding area. All these standards collectively will allow the proposed development to operate such that it can meet the requirements of this standard. Therefore, the criterion is met.