CU26-022 Staff Decision - Laserfiche WebLink

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OTHER PERMITS, FEES, AND RESTRICTIONS: This approval does not remove or affect 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 restrictions or conditions thereon. It is recommended that agencies mentioned in Finding #6 below be contacted to identify restrictions or necessary permits. The applicant is advised of the following: 9. The applicants should contact the Marion County No. 1 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. Emanuel Arrellin-Lara at MCFD#1/(503) 588-6513 is the contact person. 10. A portion of this application involves land use that may require obtaining an irrigation water right. Water rights are regulated by the Oregon Water Resources Department. The applicant is advised to contact the district water master regarding possible restrictions or limitations on water use in the area. 11. The applicants should contact Marion County Land Development and Engineering (503-584-7714) for additional Engineering Requirements and Advisories, listed in Finding #6 below, that may be required. 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 regula- tions 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 in the Marion County Planning Division, 5155 Silverton Rd. NE, Salem, by 5:00 p.m. on July 29th, 2026. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective July 30th, 2026, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. l. The subject property is designated special agriculture in the Marion County Comprehensive Plan. The major purpose of this designation and the corresponding SA (Special Agriculture) zone is to promote the continuation of commercial agricultural and forestry operations. Landscape contracting businesses can be approved within this zone as a conditional use if there is a nursery operation present on the property. 2. The subject property is located at 5615 Macleay Rd SE on the north side of Macleay Rd, roughly 1000 feet east of the intersection between Macleay Rd and Culver Dr SE. The property is in the shape of an asymmetrical trapezoid, with the southern property line parallel to the road and the north property line slanting along its border with a neighboring farm operation. As of the May 2025 aerial imagery available in the Marion County GIS Planning tool, the parcel is developed with a 2016 dwelling, an accessory garage structure, and a couple of large farm related buildings, although it should be noted that the subject property is not in farm deferral as of July 2026. In photographs submitted with the application some additional features have been added to the property since the aerial images were taken. These additional development features include additional graveling, un-roofed concrete bunkers for gravel and other loose material storage, and the placement of several shipping containers on the west side of the property. A review of the land use case history of the subject parcel found it was the subject of a previous land use case AR15-035, which approved the replacement of an old mobile home resulting in the placement of the current dwelling. Therefore, the parcel is considered legal for land use purposes. 3. Surrounding uses include a mixture of small acreage rural residences, some small and some large farm operations, and dense residential development to the west. The large, dense residential development is located within the urban growth boundary of the City of Salem, which is roughly 2000 feet west on the opposite side of Cordon Rd SE. 4. Soil Survey of Marion County Oregon indicates 100% of the subject property is composed of high-value farm soils. 5. The applicant is proposing to operate a landscape contractor business from the subject property in conjunction with growing and marketing nursery stock.