FP25-008 Staff Decision - Laserfiche WebLink

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4. Failure to continuously comply with the conditions of approval may result in this approval being revoked. Any revocation could be appealed to a county hearings officer for a public hearing. OTHER PERMITS, FEES AND RESTRICTIONS: This approval does not remove or affect 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. The applicant is advised of the following: 5. The applicants should contact the Stayton 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. 6. 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. 7. 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 County Zoning Administrator. If there is any doubt that the application conforms with adopted land use policies and regulations the Zoning Administrator must condition or deny the application. Anyone who disagrees with the decision may request that the application be considered by a 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 120-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 Planning Division, 5155 Silverton Rd. NE, Salem, by 5:00 p.m. on January 27th, 2026. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective January 28th, 2026, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. l. The property is designated Public in the Marion County Comprehensive Plan and correspongingly zoned P (Public). The purpose of this zone is to provide areas suitable for specific public and semi-public uses. 2. The property is located just east of the City of Stayton, on an island between the primary channel and a braid of the North Santiam River. The island, Geren Island, is owned by the City of Salem and contains the water treatment facility which serves the City. The property is entirely within the floodplain of the North Santiam, and most of it is within the regulatory Floodway. The property has been the subject of multiple preview land use cases such as FP92-005, FP96-028, FP99-002, CU/FP04-028, FP16-005, FP20-001, FP20-008, and FP22-003, and is therefore considered legal for land use purposes. 3. Surrounding lands to the north and west are within the UGB (Urban Growth Boundary) for the City of Stayton, zoned UT-20 (Urban Transition) and in agricultural use with some dwellings. To the northeast are EFU zoned lands developed with farm operations and some homesites. To the east are wooded lands on the banks of the Santiam, in various uses such as rural residential and a children’s camp. South of the property is the North Santiam River which constitutes the county line between Marion County and Linn County. 4. The applicant proposes to install four new groundwater wells and associated facilities such as above ground water conveyance pipe and concrete pads at the Geren Island Water Treatment Facility. 5. Marion County Planning requested comments from various agencies, those that provided comments are: