PLA26-002 Staff Decision - Laserfiche WebLink

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7. The applicants should contact the Mt. Angel 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. APPEAL PROCEDURE: The Marion County Zone Code provides that certain applications be considered first by the County 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 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 March 2nd, 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 March 3rd, 2026, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which decision was based are noted below. 1. The subject property is designated Primary Agriculture in the Marion County Comprehensive Plan and correspondingly zoned EFU (Exclusive Farming Use).The purpose of the EFU zone is to provide areas for continued practice of commercial agriculture. These areas are generally well suited for large-scale farming. The EFU zone is also intended to allow other uses that are compatible with agricultural activities, to protect forests, scenic resources and fish and wildlife habitat, and to maintain and improve the quality of air, water and land resources of the county. 2. The property is located on the north side of Mt. Angel Gervais Road, approximately one mile east of its intersection with Miller Road. In 1999 a partition and conditional use case partitioned the parent parcel into its current configuration (P/CU99-026). The partition was recorded in Partition Plat 2000-040 in 2001. Subject parcel 051W320000900 (TL900) contains a micro plant nursery business approved as a commercial use in conjunction with agriculture under P/CU99-026. Subject parcel 051W320000800 (TL 800) is undeveloped and is primarily engaged in agricultural use. TL 900 was also the subject of two variance cases: V25-006 and V25-009. Therefore, both parcels are legal for land use purposes. 3. Surrounding properties in the immediate vicinity are all dedicated to commercial agriculture operations as farm fields and farming related residences. 4. Soil Survey for Marion County, Oregon, indicates approximately 90% 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 2.55-acre and a 107.95-acre parcel to create a 3.06- acre and a 107.44-acre parcel. 6. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Surveyor’s Office commented: Re-plat: (Re-configuration of lots or parcels and public easements within a recorded plat) 1. Must be platted per ORS 92.050/055, and the plat submitted for review. 2. Per ORS 92.055 – Parcels over 10 acres can be unsurveyed. 3. Checking fee and recording fees required. 4. A current or updated title report must be submitted at the time of review. Other comments specific to this Planning Action: “I do not find a deed conveying Parcel 2 of Partition Plat 2000- 40.”