PLA25-040 Staff Decision - Laserfiche WebLink

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OTHER PERMITS, FEES, AND RESTRICTIONS: This approval does not remove or affect any covenants or restrictions imposed on the subject property by deed or other instrument. The proposed use may require permits and/or fees from other local, State or Federal agencies. This decision does not take t he place of, or relieve the responsibility for obtaining other permits or satisfying any restrictions or conditions thereon. It is recommended that the agencies mentioned in Finding #6 below be contacted to identify restrictions or necessary permits. 7. Prior to recording the deed all taxes due must be paid to the Marion County Assessor Tax Section (contact them at (503) 588-5215 for verification of payments). 8. The applicants should contact the Mt. Angel Fire District to obtain a copy of the District’s Recommended Building Access and Premise Identification regulations and the Marion County Fire Code Applications Guide. Fire District access standards may be more restrictive than County standards. 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 November 10th, 2025. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective November 11th, 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 Primary Agriculture in the Marion County Comprehensive Plan and correspondingly zoned EFU (Exclusive Farm Use). The primary intent of both this designation and zone is to promote and protect commercial agricultural operations. 2. The properties are located on the south side of Monitor-Mckee Rd NE, southeast of the intersection of Mckee School Rd and Monitor-Mckee Rd NE bordering the east side of the railroad right-of-way. All three subject parcels contain a large number of greenhouses and other structures dedicated to commercial nursery operations. Tax lot 100 contains a 2013 dwelling in addition to the various farm structures and is considered legal for land use purposes. Tax lot 600 contains a 1947 assessed dwelling and has been in its current configuration since at least March 3, 1964, when it was described in a bargain and sale deed (Vol 586 Page 462). Tax lot 700 does not contain a dwelling and is developed with farm related structures in the northwest corner of the parcel with the rest of the parcel containing open farm fields. Based on a review of the deed history, tax lot 700 appears to have been part of a larger parcel that included tax lot 600 at some point in time. The review of deed records for tax lot 600 found that it has been separated from tax lot 700 since at least March 3, 1964. The earliest deed found for tax lot 700 is found on Reel 155 Page 392 and that deed contains language separating tax lot 600. As such, tax lot 700 has been a separate parcel since at least 1964 and is legal for land use purposes. 3. Adjacent properties are all zoned EFU and are predominantly dedicated to commercial agriculture uses, predominantly row crops such as grass seed and nursery operations. Of note, there are several smaller parcels (2- acres or less) that contain dwellings not related to farming operations, all of which are zoned EFU. 4. Soil Survey for Marion County, Oregon, indicates approximately 99.9% of the soils on the subject tax lots are classified as high value. 5. The applicants are proposing to adjust the property lines between 3 separate parcels, a 20.00-acre parcel, a 9.34- acre parcel and a 22.75- acre parcel, and reconfigure them into a 19.29-acre parcel, a 9.16-acre parcel, and a 22.63-acres parcel. The purpose of the adjustment is to more accurately reflect the existing development of the farm structures.