PLA25-046 Staff Decision - Laserfiche WebLink

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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 December 18th, 2025. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective December 19th, 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 between Scism Rd NE and Torvend Rd NE. Tax lot 1100 has access off local road Mohawk St NE, and the other parcels are only accessible by easement. All properties are undeveloped and are in active farm use. Tax lot 600 was the subject of land use case PLA21-055. Tax lot 1200 was described in its current configuration in a 1972 deed (Vol. 736 Pg. 75). Tax lot 1100 has been described in its current configuration since a deed recorded in 1969 (Vol. 610 Pg. 627). All subject parcels are considered legal for land use purposes. 3. Adjacent properties are zoned EFU in all directions and are in large scale commercial farm use. Few adjacent properties are developed with homesites. 4. Soil Survey for Marion County, Oregon, indicates approximately 99.7% of the soils on the subject tax lots are classified as high value. 5. The applicants are proposing to adjust the property lines on a 61.55-acre parcel, a 30.84-acre parcel, and a 31.17- acre parcel to create a 59.55-acre parcel, a 31.72-acre parcel, and a 32.67-acre parcel. 6. Marion County Surveyor’s Office commented: 1. No survey required on the resultant property that is greater than ten acres. 2. Property line adjustment deed(s) shall be recorded with the Marion County Clerk’s Office. Per ORS 92.190 (4). Marion County Assessor’s Office provided information regarding taxes on the subject properties. Various agencies were contacted about the proposal and given an opportunity to comment. All other contacted agencies either failed to comment or stated no objection to the proposal. 7. The criteria for reviewing lot line adjustments within an EFU zone are listed in Chapter 17.136.090(C) MCC. These criteria are as follows: (a) When one or more lots or parcels subject to a proposed property line adjustment are larger than the minimum parcel size pursuant to MCC 17.136.090(A)(1), the same number of lots or parcels shall be as large or larger than the minimum parcel size after the adjustment. When all lots or parcels subject to the proposed adjustment are as large or larger than the minimum parcel size, no lot or parcel shall be reduced below the applicable minimum parcel size. If all lots or parcels are smaller than the minimum parcel size before the property line adjustment, the minimum parcel size pursuant to this section does not apply to those lots or parcels. (b) If the minimum parcel size in MCC 17.136.090(A)(1) is larger than 80 acres, and a lot or parcel subject to property line adjustment is smaller than the minimum parcel size but larger than 80 acres, the lot or parcel shall not be reduced in size through property line adjustment to less than 80 acres.