PLA26-009 Staff Decision - Laserfiche WebLink

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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. It is recommended that the agencies mentioned in Finding # 6 below be contacted to identify restrictions or necessary permits. 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 consider- ation 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 property is designated Primary Agriculture in the Marion County Comprehensive Plan and correspondingly zoned EFU (Exclusive Farm 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 subject parcels are located on the southern side of Ankeny Hill Road immediately east of Interstate 5; tax lot 701 is approximately 0.4 miles further east along Ankeny Hill Road. Tax lot 701 contains a 1915 dwelling and several accessory structures and was created in its current configuration by LLA01-019 and reflected in Survey 35836 from 2001. Tax lot 600 and 700 actually comprise one legal lot based on LLA01-019 which combined them. The parcel contains a wetland along I-5, while the bulk of the land is open farmland and used for grass seed and other crops. The parcel was created in its current configuration by a lot line adjustment in 2001 (LLA01-019) according to Administrative Review land use case AR12-009. Note: Property line adjustment, LLA01-019, combined tax lot 600 and 700 into an approximately 136.60-acre parcel and then transferred the 16.48-acre parcel to the east. The 16.48-acre parcel became the current 17.0-acre parcel that subsequently became present day tax lot 701. 3. Adjacent properties are zoned EFU in all directions. 4. Soil Survey for Marion County, Oregon, indicates approximately 90.6% of the soils on the subject tax lot 701 are classified as non-high value, while 87.5% of tax lot 600/700 are classified as high value farm soil. 5. The applicants are proposing to adjust the property lines on a 17-acre parcel and a 135.2-acre parcel to create a 3- acre parcel and a 149.2-acre parcel. 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). 2. Properties 10 acres or less must be surveyed per ORS 92.060 (7) and the survey submitted for review.