CU26-022 Staff Decision - Laserfiche WebLink

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Attention Property Owner: A land use proposal has been submitted for property near where you live or near property you own elsewhere. State law requires that the county notify property owners within a certain distance from this property. The proposal and address of the property is described in the "Application" section below. The decision in this case does not directly affect the zoning or use of your property. If you object to the decision, refer to the "Appeal" section. If you have questions, contact the staff person listed at the end of this report. NOTICE OF DECISION CONDITIONAL USE CASE NO. 26-022 APPLICATION: Application of Jose D. Marcias Biorato, Rolando Garcia Juarez, and Ana Mayana Velazquez for a conditional use permit to operate a landscaping business in conjunction with a nursery on a 4.99-acre parcel in an SA (Special Agriculture) zone located at 5615 Macleay RD SE, Salem (T7S; R2W; Section 33C; Tax lot 500). DECISION: The Planning Director for Marion County has APPROVED the above-described Conditional Use applica- tion subject to certain conditions. EXPIRATION DATE: This conditional use permit is valid only when exercised by July 29th, 2028. The effective period may be extended for an additional year subject to approval of an extension (form available from the Planning Division). Additional extensions may not be granted if the regulations under which this decision was granted have changed since the original approval. WARNING: A decision approving the proposal is for land use purposes only. Due to septic, well, and drain field replacement areas, these parcels may not be able to support the proposal. To be sure the subject property can accommodate the proposed use the applicant should contact the Building Inspection Division, (503) 588-5147. This decision does not include approval of a building permit. CONDITIONS: The following conditions must be met before a building permit can be obtained or the approved use established: 1. The applicants shall obtain all required permits from the Marion County Building Inspection Division. This includes any septic permits required by Marion County Septic. (See Finding #6 for comments from both Septic and Building) 2. The applicants shall sign and submit a Farm/Forest Declaratory Statement (form enclosed) to the Planning Division. This statement shall be recorded by the applicant with the Marion County Clerk after it has been reviewed and signed by the Planning Director. 3. The applicants shall coordinate with the local water master to install a water metering device on any well or irrigation system providing water to the nursery stock until an irrigation water right is obtained for the subject property. (See the Oregon Water Resources Department website for contact information) ADDITIONAL CONDITIONS: Once the approved use is established the following conditions must be continually satisfied: 4. The applicant shall continually operate the landscape contracting business in conjunction with at least one acre of land for raising, harvesting and selling nursery stock on the subject property. 5. The applicant shall maintain active licenses to operate the nursery and the landscape contracting business operated in conjunction with the nursery. 6. The landscape contracting business shall not operate small gas and diesel powered motor devices and equipment, with the exception of cars and pickup trucks, outside the hours of 7am-7pm, and the operations of the landscape contracting business shall adhere to the noise ordinance section of the Marion County Comprehensive Plan (MCC 8.45). 7. The development shall significantly conform to the site plan submitted with the proposal. Minor variations are permitted upon review and approval of the Planning Director. 8. Failure to continuously comply with the conditions of approval may result in this approval being revoked. Any revocation could be appealed to the county hearings officer for a public hearing.