CU25-042 Staff Decision - Laserfiche WebLink

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assertation, it alone is not a sufficient addressment of the issue. However, based on the size of the parcel and the size of the proposed operation, it is unlikely that the traffic in the area will be disrupted to a level where it will cause a significant change in local farming practices. For water usage, the applicant stated that their proposed operation is not a water intense use and would not cause issues to water supply in the area. The applicant also stated that while there are other areas of potential impact, the features directly surrounding the subject parcel screen it from farm operations in all directions. Specifically, the Broadacres Rd, Butteville Rd, and railroad rights-of-way insulate the parcel on 3 sides, and the immediately surrounding uses on all sides include a vacant parcel, a convenience store, church and a dwelling that does not appear related to the small agricultural uses present on the parcel to the south. This is sufficient support that the subject parcel will be buffered from neigh boring farm uses such that the proposed use will not significantly alter or increase the cost of farming operations in the local area. MCC 17.136.050(B) requires that a declaratory statement meeting the requirements of MCC 17.136.100(C) be filed and this serves to notify the applicant and subsequent owners that there are farm or timber operations in the area. Therefore, the criterion is met. 2. Adequate fire protection and other rural services are, or will be, available when the use is established. The subject parcel is within the Woodburn Fire District and Marion County Sheriff’s area of service, so fire protection and emergency response services are available. Marion County Building and Septic have both provided comments outlining their development requirements for the proposal which will result in a septic system, water, and electricity being made available on the parcel. As such, necessary rural services are available or could be made available at the site as part of the required development process. The criterion is met. 3. The use will not have a significant adverse impact on watersheds, groundwater, fish and wildlife habitat, soil and slope stability, air and water quality. The subject parcel is relatively flat and there are no identified fish and wildlife habitat areas or streams near the subject parcel, so potential surface water impacts are limited. Groundwater quality could be impacted depending on the catchment of fluids used in vehicle maintenance. 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-North coast 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. The language under Goal B of the Water Resources Planning section of the Marion County Comprehensive Plan mirrors this same language. As such, Marion County defaults to the industry standards set and enforced by relevant state and federal agencies regarding air and water quality. It shall therefore be made a condition of approval that the proposed commercial excavation business operate in compliance with all applicable state and federal pollution standards regarding air and water quality. With the application of these conditions, the criterion can be met. 4. Any noise associated with the use will not have a significant adverse impact on nearby land uses. The proposed use of an excavation business in conjunction with agriculture has potential to generate a significant amount of noise pollution because the business employs dump trucks, track hoes, and tractors, all of which are loud vehicles. Also, it is reasonable to expect maintenance of these vehicles to occur on the subject property, which can also generate significant noise. The applicants state that the proposed use has a buffer from existing uses on the west by the railroad tracks; from uses to the north by Broadacres Road; and from the east by Butteville Road. The applicants also propose a setback