FP25-006 Staff Decision - Laserfiche WebLink

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4. The applicant shall sign and submit to the Planning Division a Declaratory Statement (enclosed) acknowledging that the property and the approved development are located within a floodplain. The applicant shall record this statement with the Marion County Clerk after it has been reviewed and signed by the Planning Director. 5. Per the requirement in Marion County Code 17.136.100(C), the applicant shall sign and submit a Farm/Forest Declaratory Statement (enclosed) to the Planning Division. This statement shall be recorded by the applicant with the Marion County Clerk after it has been reviewed and signed by the Planning Director. This statement can be obtained from Marion County Planning. 6. The structure shall be used for residential use only, not for commercial use. 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 the place of, or relieve the responsibility for, obtaining other permits or satisfying any restrictions or conditions thereon. 7. The applicants should contact the Turner 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. 8. The applicant is advised that the requirements listed as A through C in the comments received from LDEP in item #6 of the Findings and Conclusions section below, shall be met to their satisfaction. 9. Materials that are buoyant, flammable, obnoxious, toxic or otherwise injurious to persons or property, if transported by floodwaters, are prohibited unless stored within a structure or on land elevated above the base flood level. Storage of materials and equipment not having these characteristics is permissible only if the materials and equipment have low-damage potential and are anchored or are readily removable from the area within the time available after forecasting and warning. 10. The applicant must obtain all necessary permits from those governmental agencies from which approval is required by Federal or State law. The applicant should review and ensure compliance with section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334. This may include voluntarily complying with the FEMA model code for the floodplain permit or providing a habitat assessment, providing a mitigation assessment, or otherwise demonstrating compliance with the Endangered Species Act. If Marion County determines that compliance is insufficient, additional mitigation may be required. APPEAL PROCEDURE: The Marion County Zone Code provides that certain applications be considered first by the Planning Director. If there is any doubt that the application conforms with adopted land use policies and regulations 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 and received in the Marion County Planning Division, 5155 Silverton Rd. NE, Salem, by 5:00 p.m. on December 1st, 2025. If you have any questions about this decision, contact the Planning Division at (503) 588-5038 or at the office. This decision is effective December 2nd, 2025, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. l. The subject property is designated Special Agriculture in the Marion County Comprehensive Plan and correspondingly zoned SA (Special Agriculture). It is also located within the identified 100-year floodplain of the Mill Creek. 2. The subject property is located directly west of Marion Rd SE in Turner. It is located approximately 600-feet south of Marion Road’s intersection with Mill Creek Rd SE. The property is a half-acre in size and contains a driveway and a concrete slab where a dwelling was previously sited. The property is entirely within the mapped floodplain of Mill Creek, with the exception of a portion of the property removed by LOMA case 24-010-0096A. The property is also noted as within a repetitive loss area, indicating previous flood damages.