CU26-022 Staff Decision - Laserfiche WebLink

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6. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Building commented: “No Building Inspection concerns with conditional use application 26-022. If any existing structures are proposed to be altered to support this business, then permit(s) may be required to be obtained prior to starting work. Discussion with a Building Plans Examiner is recommended. If public will be entering any building for business purposes, then a change of occupancy permit would be required to be obtained prior to being open to the public, with accessibility, sanitation, and life safety being addressed in construction documents.” Marion County Septic commented the following about the proposal: Note: If any facilities that are being served by the existing septic system are proposed for business use, or if any new septic connections are proposed for the business (ex. employee restrooms), an authorization is required. Public Works Land Development and Engineering Permits (LDEP) requested that the following be included in the land use decision. Requirements: A. Transportation System Development Charges (TSDCs) may be assessed in association with any required Building permit for a Change-in-Occupancy conversion of an existing structure from personal to commercial use and/or for a new structure supporting the proposed business. Additionally, in a phone conversation with the local water master for District-16, the topic of water rights and irrigation without a water right was discussed. Under an exemption up to half an acre of land can be irrigated without a water right with a limit of up to 3,000 gallons of groundwater per day. During the phone conversation the specific proposal was discussed and the water master stated that if the proposed commercial nursery operation is to be irrigated under this 3,000 gal/day exemption, the water master would want a meter on the well providing water for irrigation purposes to allow for easier tracking and enforcement. All other commenting agencies stated no objection to the proposal. 7. MCC 17.137.050 (D)(6) allows a landscape contracting business, as defined in ORS 671.520, or a business providing landscape architecture services, as described in ORS 671.318, if the business is pursued in conjunction with the growing and marketing of nursery stock on the land that constitutes farm use. The applicant is proposing to operate a landscape contracting business, as defined in ORS 671.520, or a business providing landscape architecture services, as described in ORS 671.318, providing services such as mowing and planting of decorative plants. The applicant’s proposed operation meets the definition of a landscape contracting business. The applicants additionally stated that they have established some nursery stock on the subject parcel and are in the process of establishing further areas consisting of at least 1-acre of nursery stock on the subject property, which is sufficient area to constitute “farm use” for a nursery operation in Marion County as held by a hearings officer decision of CU18-029. The applicants provided pictures of the planted nursery stock on the property and identified areas for greenhouse and outdoor growing of plants on supplemental site plans. The applicant also provided a copy of their business’s nursery license with the Oregon Department of Agriculture. Therefore, the applicant’s growing of nursery stock on the property constitutes a farm use, but it shall be conditioned that they establish and continuously maintain at least 1-acre of nursery stock on the subject property. 8. In addition to the specific criteria above, the proposal must also satisfy the general conditional use criteria in MCC 17.137.060(A). The farm impacts test referenced in MCC 17.137.060(A)(1) is being applied directly from state law. 1. Farm impacts test a. Will not force a significant change in accepted farm or forest practices on surrounding lands devoted to farm or forest use; and b. Will not significantly increase the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use.