CU25-041 Staff Decision - Laserfiche WebLink

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(d) The proposed use, as conditioned, will not have a significant adverse effect on air or water quality. Similar to the previous section, there are several operating standards required by different departments, some of which address issues of air and water quality. Marion County LDEP indicated in their comments that a stormwater detention system was previously established on the parcel and will require restoration maintenance of this system or modifications to bring the system up to required standards. The stormwater system will help with impacts to water quality from runoff on the operation. For air quality control, as stated under the “Air Quality Planning” section of the Environmental Quality and Natural Resources chapter of the Marion County Comprehensive Plan; Air quality is monitored throughout the State of Oregon and standards are enforced on a regional basis. The Salem-Northcoast Regional Office of the Department of Environmental Quality has jurisdiction over Marion County. That section later continues; It is the policy of Marion County to comply with applicable State and Federal air quality standards. As such, Marion County defaults to the industry standards set and enforced by relevant state and federal agencies regarding air quality. Oregon Department of Environmental Quality (DEQ) has information on best practices and regulations for operating automobile dismantler operations. DEQ did not provide comments regarding this specific request, however the proposed operation must abide by all DEQ (or other relevant agency) standards for both tow truck operation and dismantler operations to adequately comply with this section. Therefore, it shall be made a condition of approval that the operators remain in compliance with all relevant environmental standards required by the appropriate regulatory agencies, such as DMV or DEQ. (e) Adequate public and utility facilities and services to serve the use are available or will be made available prior to establishment of the use. The subject parcel is served by the Turner Fire District and there are other emergency first response services available in the area. In their comments, the City of Salem indicated that the property is not within a water or sewer service district and that there are no public water or sewer mains available to serve the subject parcel. However, the use of a tow truck business and automobile dismantler operation does not inherently require connecting to a public sewer or water utility for the operation to be conducted; an onsite septic system and connection to a private well could provide the necessary services if they are capable of being obtained. Marion County Septic requested that as a condition of approval the applicants obtain an authorization to change the use. This, in combination with the requirement that all building permits, including septic permits, be obtained prior to implementation of the new use will ensure that sufficient waste disposal is available prior to the use being established. For water supply, the Turner Fire District in their comments stated that a water supply capable of delivering “the required fire flow for fire protections” is necessary to meet their standards. The current state of water availability on the parcel was not provided in this application, so it shall be made a condition of approval that the applicants provide evidence that a water source capable of supplying enough water to meet the requirements of the Turner Fire District is in place on the parcel prior to the establishment of the new uses. With appropriate conditions of approval, adequate public and utility facilities and services will be available on the property. Therefore, the criterion is met. 7. In addition to these general criteria, in order to approve a Conditional Use in a UT zone the specific criteria in MCC 16.13.030 must be satisfied: (a) The use will not increase traffic beyond the capacity of existing roads. The proposed uses of an automotive towing business, parking yard for the towing business, and eventual automobile dismantler will generate an increase in traffic. At full potential, there will be trips generated by the tow trucks bringing cars for impoundment, customers coming to the property to retrieve towed vehicles, and customers coming to either drop off cars for dismantling or to find potential salvage parts. While there are several reasons why customers or employees would be generating trips to the proposed site, the uses are not expected to