CUP26-015 Staff Decision - Laserfiche WebLink

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7. Marion County Planning issued a request-for-comment to other departments and agencies. Marion County Surveyor’s Office commented: -Per ORS 92.055 – Parcels over 10 acres can be unsurveyed. -Per ORS 92.050, plat must be submitted for review. -Checking fee and recording fees required. -A current or updated title report must be submitted at the time of review. Title reports shall be no more than 15 days old at the time of approval of the plat by the Surveyor’s Office, which may require additional updated reports. Marion County Septic Department requested that the following be included in the land use decision. “Condition of Approval: An existing system evaluation is required for the proposed southern parcel. Note: Marion County has no history on the location of the existing septic system.” Oregon Department of Fish and Wildlife commented: “ODFW is in support of this application and the establishment of a 58.92-acre conservation parcel. The property has oak and prairie habitat on it that will be set aside for wildlife and protected in the long term. Both oak and prairie habitat have been declining in the Willamette Valley and these habitats support numerous species.” All other contacted agencies either failed to comment or stated no objection to proposal. 8. The applicant proposes establishing a Wildlife and Habitat Conservation area which is a conditional use in the EFU zone under MCC 17.136.050(H)(3) designated as “open space” and subject to the criteria in MCC 17.136.060(A). The following criteria apply to all conditional uses in the EFU zone: 1. The use will not force a significant change in, or significantly increase the cost of, accepted farm or forest practices on surrounding lands devoted to farm or forest use. Land devoted to farm or forest use does not include farm or forest use on lots or parcels upon which a non-farm or non-forest dwelling has been approved and established, in exception areas approved under ORS 197.732, or in an acknowledged urban growth boundary. For purposes of this section, a determination of forcing a significant change in accepted farm or forest practices on surrounding lands devoted to farm and forest use or a determination of whether the use will significantly increase the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use requires: a. Identification and description of the surrounding lands, the farm and forest operations on those lands, and the accepted farm practices on each farm operation and the accepted forest practices on each forest operation; The applicant identified the surrounding farm uses which include production of hazelnuts and grass seed as well as pasture lands for livestock. Hazelnuts are harvested in September and October and orchard maintenance is a year-round activity. Grass seed is primarily harvested in June and July but varies based on species. b. An assessment of the individual impacts to each farm and forest practice, and whether the proposed use is likely to have an important influence or effect on any of those practices. This assessment applies practice by practice and farm by farm; and The applicant explained that the proposed conservation parcel would promote habitat for birds such as western meadowlark and western bluebirds which are largely insectivores. The conservation parcel is not proposed to be open to the public, and traffic generated by the parcel will only be that of Fish and Wildlife personnel visiting and working on site. Therefore, the two potential impacts to farms, crop predation from an increase in native birds and traffic from new visits to the site, are both negligible. c. An assessment of whether all identified impacts of the proposed use when considered together could have a significant impact to any farm or forest operation in the surrounding area in a manner that is likely to have an important influence or effect on that operation. Staff did not identify any significant impacts on surrounding farm or forest operations that could result from establishment of the proposed conservation parcel. The two identified potential impacts, crop predation from an increase in native birds and traffic US Fish and Wildlife Service staff visits to the site, are not significant impacts either individually or in combination.