CU25-042 Staff Decision - Laserfiche WebLink

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2. The property is located on the southwest side of the intersection between Butteville Rd NE and Broadacres Rd NE, in between the Butteville Rd right-of-way and a railroad right-of-way. The property is currently vacant and planted with grass. The parcel has been in its current configuration since at least August 29th, 1907, when it was created and sold in a bargain and sale deed (Vol 99 Page 58) to the Oregon Electric Railway Company. This predates the adoption of partitioning and subdivision ordinances in Marion County, so therefore the parcel is legal for land use purposes. 3. Surrounding uses include a wide variety of different uses atypical for predominantly EFU zoned areas. To the east on the other side of Butteville Rd is the old Broadacres Store and an EFU zoned parcel with 9 dwelling sites established prior to the adoption of modern land use ordinances. Additionally, there are a number of smaller (10- acres or less) parcels with varying levels of connection to farm uses continuing along both sides of Broadacres Rd. To the west (on the south side of Broadacres Rd) the parcel is immediately bordered by the Uspenska Church followed by several farm field parcels with no structures. To the northwest is the site of the old Broadacres subdivision which contains several small non-farm parcels with dwellings. Further in this direction are a number of small (10-acres or less) farmstead parcels—some with dwellings, others with just agricultural structures—all the way until Case Rd NE. Immediately to the north are several smaller parcels, again some with dwellings, and most not involved with commercial agriculture. However, 850 feet north along the railroad right-of-way is the beginning of the Marion Ag Service Inc development, which includes one I (Industrial) zoned parcel and several EFU zoned parcels with approvals for commercial uses in conjunction with agriculture (CU14-022 & CU15-039). Finally, to the south are a few small acreage homesite parcels quickly followed by a number of large farm field parcels with no developed structures. Other notable uses and features in the area include an established commercial solar generation site and an approved (but not established) site for a commercial seed cleaning plan roughly 0.5-miles north and 0.33-miles east along Butteville Rd. 4. Soil Survey of Marion County Oregon indicates 100% of the subject property is composed of high-value farm soils. 5. The applicant is proposing to establish an excavation business as a commercial use in conjunction with agriculture. 6. Various agencies were contacted about the proposal and given an opportunity to comment: Public Works Land Development and Engineering Permits (LDEP) requested that the following be included in the land use decision. Engineering Requirements: A. An Access Permit will be required at the time of application for building permits. A maximum of one (1) full-time driveway approach to the property will be allowed. It will be required to either permanently close the existing Butteville Rd access, or at the Applicant’s option, to gate it as a limited use secondary entrance/exit in the event vehicular traffic is queued-up in front of the proposed Broadacres Rd main access during a train crossing. A Broadacres access approach would need to be placed betwee n a distance increment of 100’ to 132’ as measured from the Butteville Rd centerline to satisfy MCRTSP access spacing policy, while also avoiding a regulatory trigger regarding access work in proximity to a RR grade crossing. Pursuant to OAR 741-120-0020 (8) pertaining to Grade Crossing Construction and Maintenance in proximity to a Railroad, "The construction of new driveways within 100 feet of any railroad track at existing grade crossings requires an application under ORS 824.206, except for railroad right-of-way roads." Effectively then, the Broadacres Rd access should be situated more or less opposite the center of the RR crossing pavement legend. B. Utility service extensions within the public right-of-way require permitting through PW Engineering. C. Stormwater detention may be required at 0.5 acres or more of development. D. Transportation System Development Charges (SDC’s) will be assessed at the time of application for building permits and are generally based upon building square footage and use category.