CU25-051 Staff Decision - Laserfiche WebLink

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c. An assessment of whether all identified impacts of the proposed use when considered together could have a significant impact to any farm or forest operation in the surrounding area in a manner that is likely to have an important influence or effect on that operation. d. For purposes of this subsection, examples of potential impacts for consideration may include but are not limited to traffic, water availability and delivery, introduction of weeds or pests, damage to crops or livestock, litter, trespass, reduction in crop yields, or flooding. e. For purposes of this section, potential impacts to farm and forest practices or the cost of farm and forest practices, impacts relating to the construction or installation of the proposed use shall be deemed part of the use itself for the purpose of conducting a review under this section. f. In the consideration of potentially mitigating conditions of approval under ORS 215.296(2), the governing body may not impose such a condition upon the owner of the affected farm or forest land or on such land itself, nor compel said owner to accept payment to compensate for the significant changes or significant increases in costs described in this section. Farming operations in the immediate area are comprised a mix of large scale commercial farming operations and smaller acreage homesites not engaged in farming. The two main types of existing agricultural practices are hazelnut orchards and row crop fields, currently in use as grass fields. The applicant indicates that their business is unlikely to have a significant impact on these neighboring farm uses, as most of their business is conducted elsewhere. They point out that their business is does not use water or harsh chemicals that can pollute the soils or water and that traffic will be limited to the employees of the company, as this is not an open facing retail operation. Tying into the traffic perspective, the applicant points out that their operation does not use heavy, slow-moving machinery that would clog up the roads and delay traffic. They also state that they continue to provide farmers access to their fields from the public roads, meaning they do not interrupt the existing pattern of access for farmers. Finally, the applicants state that they maintain their property along the fringes such that weeds and pests don’t encroach upon the existing fields. Overall, the relative level of impact from this business based on the description by the applicant, as well as the applicant’s intimate knowledge of farming operations due to their experience working in farm labor, mean that this business is unlikely to have significant effect on neighboring farming operations. 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 Marion County No. 1 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, and there is a septic system, water, and electricity already 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, however the applicant has stated that they don’t conduct maintenance or store fuel for vehicles on the property. Rather, they go off site for this kind of maintenance, meaning impacts to groundwater are minimized. Air quality can be impacted by the portable toilets used as part of the operation, however, Marion County Septic provided comments regarding the portable toilet, stating, “All portable toilets must be pumped and inspected by a licensed and certified sewage disposal company. Oregon Portable Toilets is a licensed and certified sewage disposal company.” While Marion County Septic provided this only as a note to the applicant, this shall be made a condition of approval to ensure compliance with the air quality and water quality aspects of this section. With conditions, it is found that this section of the criteria can be achieved. The criterion is met.