CU26-022 Staff Decision - Laserfiche WebLink

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The applicants provided information regarding the different types of agricultural operation that exist in the local area. They identified a nursery tree farm and grass seed/hay operations as the predominant forms of agricultural operations in the local area surround the subject property. They also identified that their business could impact neighboring farm operations via dust, noise, fumes from equipment, and additional traffic generation. They then addressed how each of these different avenues of impact will be mitigated or how they do not constitute significant risks to neighboring farm operations. The applicants explain that dust control methods during dry periods will be utilized and how the areas of vehicle traffic on the subject parcel are already graveled which reduces the dust generated by vehicles. They also state that they will maintain the condition of the property and add landscaping to provide a buffer to neighboring parcels. To mitigate the impact of fumes and noise generated by machinery used in the landscaping business, the applicants stated they will limit excessive equipment idling. Lastly, the applicants explained that their landscape contracting business is not open to the public, does not involve retail sales or visits to the property, and currently has under 9 employees. They stated that employees arrive at 8am to pick up the vehicles and are dispatched in groups of 3 employees per vehicle. Employee shifts end typically around 4pm. Outside of the dispatch and return times, traffic to the property is not frequent and will not produce a significant adverse impact to neighboring properties. c. For purposes of subsection (a) and (b), 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: i. 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; This section outlines considerations for the previous criteria sections. ii. 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 This section outlines considerations for the previous criteria sections. iii. 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. This section outlines considerations for the previous criteria sections. iv. For purposes of this subsection, examples of potential impacts for consideration may include but are not limited to traffic, water availability and delivery, introduction of weeds or pests, damage to crops or livestock, litter, trespass, reduction in crop yields, or flooding. This section outlines considerations for the previous criteria sections. v. For purposes of subsection (a) and (b), potential impacts to farm and forest practices or the cost of farm and forest practices, impacts relating to the construction or installation of the proposed use shall be deemed part of the use itself for the purpose of conducting a review under subsection (a) and (b). This section outlines considerations for the previous criteria sections. vi. In the consideration of potentially mitigating conditions of approval under ORS215.296(2), the governing body may not impose such a condition upon the owner of the affected farm or forest land or on such land itself, nor compel said owner to accept payment to compensate for the significant changes or significant increases in costs described in subsection (a) and (b). This section outlines limitations on jurisdictions to impose conditions upon affected farm or forest landowners. No conditions are being assessed to neighboring affected farm or forest landowners.