CU25-042 Staff Decision - Laserfiche WebLink

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Marion County Building Department commented: “Permit(s) are required to be obtained prior to the development of structures and/or utilities installation on private property. To obtain a structural permit, the construction documents shall be designed to the 2022 OSSC (or 2025 OSSC) and contain at a mi nimum, and not be limited to: a code summary, a fire and life safety plan with exit paths, travel distances, and layout of storage areas, sizes, quantities, and types of materials. If the building exceeds 4,000 sq. ft. in total area OR more than 20 feet in height, an Oregon licensed design professional is required to generate construction documents.” Marion County Septic provided the following comments: Conditions of Approval: An Authorization is required for the change of use of the property. If no system currently exists or another system is proposed for this use, a site evaluation followed by a construction- installation permit is required. All other contacted agencies either stated no objection to the proposal or failed to provide comments. 7. In order to approve a commercial activity in conjunction with farm use the applicant must demonstrate compliance with the specific criteria listed in Chapter 17.136.060(D) of the Marion County Code (MCC). These include: (a) The commercial activity must be primarily a customer or supplier of farm uses. In their application, the applicant states that they provide excavation and groundwork services to farmers in the local area. These services are for large scale projects such as erecting new agricultural structures, terraforming projects to improve the suitability of the land for industrial agriculture, installation and repair of field drainage tile systems, and the installation and repair of underground irrigation systems. While it is true that farmers require these services as part of their operations, many of these services are also required in other aspects of development, not just agriculture. Since not all of the services are self-evident as primarily suppliers of farm uses, further evidence is required to show that the operation primarily supplies farm uses and that their services are not also provided to a wide variety of customers. When requested for additional evidence, the applicant provided a list of customers that they served in the past year and which of their services were provided to those customers. All the customers on that list were farming operations in the Willamette Valley region (or are a agriculturally related commercial operation in the case of Marion Ag Service) and every one of the customers was provided services related to drainage tile systems or irrigation systems, which are the two uses staff considers to be self-evident as primarily a supplier service to farm uses. Based on the combination of these factors, the applicants have sufficiently shown th at the proposed operation would be primarily a supplier of farm uses. The criterion is met. However, due to the broad application of the services the applicant provides and because the list of supplied customers and services was informal and not a meticulous or comprehensive log, a condition of approval shall be made requiring that at least 75% of services provided by the commercial operation shall be for farm uses and that Marion County Planning may perform an audit of these services to ensure continued compliance with this section. (b) The commercial activity must enhance the farming enterprises of the local agricultural community to which the land hosting that commercial activity relates. The applicant states that almost all of their farm customers are local farming operations and provided a list of customers and the general services that they provided to each. The commercial services provided by this business would benefit farmers in the local area around the subject parcel and throughout the Willamette Valley. The criterion is met. (c) The agricultural and commercial activities must occur together in the local community to satisfy the statute. The applicant primarily works within the Willamette Valley area and their proposed location is within the rural farming area west of Woodburn. All the proposed business’s services are site specific, meaning they go to the farmers’ properties, almost all of which are within the local area of the subject parcel. The criterion is met. (d) The products and services provided must be essential to the practice of agriculture.