PLA26-006 Staff Decision - Laserfiche WebLink

Home Browse Search

7. Prior to recording the deed all taxes due must be paid to the Marion County Assessor Tax Section (contact them at (503) 588-5215 for verification of payments). 8. The applicants should contact the Woodburn 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 regula- 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 April 7th, 2026. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective April 8th, 2026, 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 on the south side of Crosby Rd NE, spanning both sides of the Butteville Rd NE right- of-way at the intersection of Butteville Rd and Crosby Rd. Tax lot 1200 was most recently the subject of land use case CU19-015, which approved a brewery, tasting room and beer garden as a commercial activity in conjunction with farm use. Tax lot 1200 is currently developed with the beer garden area within a hop field. Tax lot 1200 has not changed its configuration since the approval and is considered legal for land use purposes. Tax lot 1300 is developed with several structures related to the picking facility for the hop farm. In the discussion found in case CU19-015, a property line adjustment done by deed and without a land use case occurred between tax lots 1200 and 1300 in 2015. That transfer of land was found to be legal as the transferred area was less than 10% of the smaller parcel was involved. Therefore, tax lot 1300 has been in its current configuration 2015 when it was legally adjusted and is considered legal for land use purposes. Finally, tax lot 1400 contains hop fields of both sides of Butteville Rd NE and unintentionally had an agricultural building constructed within its bounds—the structure had been proposed to be located on tax lot 1300 but seems to have mistakenly been built on tax lot 1400 (see 555-22-000769). The property line adjustment as proposed will result in this structure being located on the tax lot originally proposed. Tax lot 1400 has been in its current configuration since it was conveyed by deed on May 28th, 1960 (Vol 553 Page 750) and, even though the parcel is bisected by Butteville Rd, is considered legal for land use purposes. 3. Adjacent properties to the north and east are in commercial farm use, with a commercial egg facility to the north and hops to the east. To the west are a number of small EFU parcels, some in use as small greenhouse farm operations and others just as acreage residences. To the south, and even partially crossing part of the subject property, is the UGB of the City of Woodburn. Most parcels are currently zoned UT-20 (Urban Transition) and are still in use as small farm operations or large acreage residences. 4. Soil Survey for Marion County, Oregon, indicates approximately 100% 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 3.14-acre parcel, a 41.34-acre parcel, and an 11.35- acre parcel to create a 6.48-acre parcel, a 40.16-acre parcel, and a 9.32-acre parcel. The new configuration is to 6. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Surveyor’s Office commented: 1. No survey required for properties greater than ten acres per ORS 92.060 (8).