ADJ26-005 Staff Decision - Laserfiche WebLink

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FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. l. The subject properties are designated Forest and Farm/Timber in the Marion County Comprehensive Plan and correspondingly zoned FT (Farm/Timber). The primary intent of this designation and zone is to promote and protect commercial agricultural operations and conserve forest lands by maintaining the forest land base and to protect the forest economy by making possible economically efficient forest practices that assu re the continuous growing and harvesting of forest tree species as the leading use of forest land consistent with sound management of soil, air, water, and fish and wildlife resources, and to provide for recreational opportunities and agriculture. 3. The subject parcel is located on the west side of Timber Trail Road NE, approximately 0.45 miles south of its intersection with South Abiqua Road NE. The property does not currently have a primary dwelling but does have approximately 5 shipping containers covered with a roof structure. The applicants have contacted the Marion County Tax Assessor’s office to reestablish the property’s special assessment for farmland. This will allow the structure to be permitted as an “Agricultural Building/Forestry Building/Equine Facility.” The remaining land is mostly vacant and covered in various tree species. Powers Creek runs roughly north to south on the western quarter of the property. The property was created in its current configuration by a property line adjustment in 2007 (PLA07-032). This land use action was recorded in two surveys: 37210 (2008) and 39423 (2021). The subject parcel was also the subject of several land use cases: AR08-008 (template test dwelling), AR20-012 (template test dwelling); ADJ21- 006 (adjust special setbacks). Therefore, the parcel is considered legal for land use purposes. 3. Surrounding uses are mostly residential to the north and east, consisting of smaller parcels developed with dwellings. To the south and west are large parcels that are currently in timber production and do not have dwellings on them. 4. Soil Survey of Marion County Oregon indicates 65% of the subject property is high-value farm soils. 5. The applicants are proposing to reduce the special 200-foot dwelling setback from the south property line from 155 feet per ADJ21-006 to 107 feet. All other special setbacks shall be met. 6. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Septic commented: It should be noted that a minimum 10ft setback between the drainfield and foundations and a 5ft setback between tanks and drainfields must be maintained. Plans provided as part of the RFC indicate that setback requirements will be maintained with this adjustment. Marion County Land Development and Engineering (LDEP) commented: ENGINEERING REQUIREMENTS A. Transportation System Development Charges (SDCs) and Parks fee are assessed at the time of application for building permits. B. Utility service extensions derived from within the public right-of-way require permitting through PW Engineering. Marion County Tax Department commented about current and future tax liabilities. The Tax Accessor’s office also provided a letter confirming that the property would obtain “specially assessed as farmland” status for the 2027-2028 tax year. All other contacted agencies either failed to comment or stated no objection to the proposal.