FP25-009 Staff Decision - Laserfiche WebLink

Home Browse Search

4. The applicant shall provide engineer certification, if necessary, that all applicable criteria located in MCC Chapter 17.178.060 (D)(1), (E), (F), and (H) are met. OTHER PERMITS, FEES, AND RESTRICTIONS: This approval does not remove or affect any 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. 5. 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. APPEAL PROCEDURE: The Marion County Zone Code provides that certain applications be considered first by the Planning Director. If there is any doubt that the application conforms with adopted land use policies and regulations 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 exte nsion 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 and received in the Marion County Planning Division, 5155 Silverton Rd. NE, Salem, by 5:00 p.m. on, January 30th, 2026. If you have any questions about this decision, contact the Planning Division at (503) 588-5038 or at the office. This decision is effective January 31st, 2026, unless further consideration is requested. l. The subject areas are on parcels 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. The EFU zone is also intended to allow other uses compatible with agricultural activities such as protection of fish and wildlife habitat. 2. The subject area is located approximately halfway between the City of Stayton and the Community of Mehama on land owned by the Confederated Tribes of Grande Ronde along the North Santiam River. The property is known as the Chankawan Property which means “place of salmon” in the Santiam Kalapuya language. The majority of the property is within the 100-year mapped floodplain of the North Santiam River, designated by FEMA as a A- Zone where the Base Flood Elevations (BFE) has not been provided. The subject property was previously the subject of Administrative Review 15-006 and is therefore a legal parcel for land use purposes. 3. All surrounding properties to the north, east, and west consist primarily of commercial farm operations in an EFU (Exclusive Farm Use) zone within Marion County. To the south of the subject property is the North Santiam River and County Boundary. Properties to the south of the river in Linn County are also primarily in agricultural use. 4. The applicant is proposing several individual projects on this property. The first of these projects involve replacing Alder Creek crossings built on steel and concrete culverts with concrete box style culverts, and performing vegetative rehabilitation on the banks of Alder Creek. The second set of these are along a side channel of the North Santiam. The side channel is mapped as an intermittent stream, and connects the North Santiam River to an oxbow lake to the north. This channel has an undersized culvert which will be replaced, and two locations of man-made fill which will be removed. All aspects of this proposal are for the purpose of improving fish passage and habitat restoration. 5. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Building Inspection commented: “No Building Inspection concerns. Permit(s) would be required to be obtained prior to the installation of utilities and/or development of structures subject to the state building code, if applicable.”