CUP26-015 Staff Decision - Laserfiche WebLink

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other permits or satisfying any restrictions or conditions. It is recommended that agencies mentioned in Finding # 7 below be contacted to identify restrictions or necessary permits. The applicant is advised of the following: 9. Prior to recording the plat all taxes due must be paid to the Marion County Tax Department (contact the Marion County Tax Department at 503-588-5215 for verification of payments). 10. The applicants should contact the Sublimity 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 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, together with the appeal fee, in the Marion County Planning Division, 5155 Silverton Rd. NE, Salem by 5:00 p.m. on June 17th, 2026. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective June 18th, 2026, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. l. 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. The EFU zone is also intended to allow other uses that are compatible with agricultural activities such as scenic resources and fish and wildlife habitat. 2. The subject parcel contains a dwelling built in 1930 and several accessory structures. The homesite is located south of a private access road that enters the parcel directly across Boedigheimer Road SE from Triumph Rd SE. The driveway to the homesite is approximately 250-feet down the private road from where it intersects with Boedigheimer. South and east of the homesite is an area of approximately 3-acres devoted to row crops. The entire area south of the private road is approximately 11.08-acres, and this area is proposed to be retained for a homesite and hobby farm while the remaining 58.92-acres north of the private road becomes a wildlife and habitat conservation parcel. The area proposed for a conservation parcel contains a wooded area around an intermittent stream which is a tributary of Beaver Creek. The intermittent stream both feeds and is fed by a half-acre pond on the property. Outside this wooded area are open fields which have previously been farmed for grass see. There are a few small, shed structures in this area. A Bonneville Power Administration (BPA) easement and powerlines cross the northwestern corner quarter of this parcel. That easement will be entirely within the proposed conservation parcel. The subject parcel was created in its current configuration as a result of approval of a 2003 Property Line Adjustment (PLA03-008) and is therefore considered legal for land use purposes. 3. The surrounding parcels are all zoned EFU and in varied uses. There are several parcels in use for rural residential purposes in the immediate area, and several parcels in commercial agricultural use. The primary crops being produced by adjacent farm parcels are grass seed and hazelnuts. A few parcels in the area contain pasturelands. The parcel to the southeast has a conditional use permit to operate a tractor repair business. Southwest of the subject parcel, approximately a half-mile away, is the urban growth boundary for the City of Sublimity. 4. Soil % of Parcel SCS Soil Class High Value? McAlpin 12.6 2 Yes Nekia 6.2 3 / 4 Yes / No Salkum 61.7 2 Yes Stayton 19.5 6 No 5. The applicant proposes to establish a 58.92-acre conservation parcel by partitioning a 67.96-acre parcel to create a 58.92-acre parcel and an 11.08-acre parcel in the EFU zone.