CU26-022 Staff Decision - Laserfiche WebLink

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Based on the evidence in the record, the proposed use will not significantly impact neighboring farm operations in the area in the form of forced changes or increase in cost. The proposal meets the criteria for the farm impacts test. 2. Adequate fire protection and other rural services are, or will be, available when the use is established. The subject parcel is located within the Marion County No. 1 fire district and is served by the Marion County Sheriff for law enforcement. The property is developed with a dwelling and the dwelling has a domestic well, septic system, and electrical connection. If the septic system or well on the property are insufficient to operate the proposed business at this time, then permits can be obtained to provide those rural services at a necessary level. All other required services are either available at this time or can be made available. The criterion is met. 3. The use will not have a significant adverse impact on watersheds, groundwater, fish and wildlife habitat, soil and slope stability, air and water quality. For this section, it should be noted that the normal process of operating the onsite nursery operation and the landscape contractor business must be viewed separately and any processes from the operation of the nursery cannot be considered for this criterion because they fall under “farm use”, which is permitted outright in the zone. The landscape contractor business itself mostly involves the storage of materials, equipment, and vehicles used in the business, along with being the administrative office and dispatch location for employees. None of the material stored on the property constitutes a significant risk to watersheds, groundwater, fish and wildlife habitat, or air and water quality, other than the loading and delivery of mulch and gravel can generate dust. The applicants have already stated they will take efforts to mitigate dust spreading and additional landscaping around the parcel will help intercept any drift of dust onto neighboring properties. There are no concerns about soil or slope stability as a result of this operation, as the property is relatively flat and contains no geohazards identified in the Marion County GIS mapping layers. Further, the subject parcel is surrounded by active farmland and doesn’t contain any perennial or intermittent streams, meaning there is very limited “natural” habitat in the area that could be impacted. With the lack of impactable habitat and the nature of the landscape contractor business being mostly storage and dispatch related, the applicants have sufficiently demonstrated that the proposed use will not have significant adverse impact on watersheds, groundwater, fish and wildlife habitat, soil and slope stability, air and water quality. The criterion is met. 4. Any noise associated with the use will not have a significant adverse impact on nearby land uses. The applicants provided information on the operating hours of the landscape contractor business, the start time being 8am and shifts usually ending around 4pm. Additionally, the landscape contractor business is a service business that sends workers and equipment out to jobsites and does not involve constant operation of vehicles and small motor equipment at the subject property. This is sufficient to show that the business can operate in compliance with this section, however it shall be made a condition of approval that the landscape contractor business operate loud small motor equipment only within the hours of 7am-7pm to ensure compliance with this section. The criterion is met. 5. The use will not have a significant adverse impact on potential water impoundments identified in the Comprehensive Plan, and not create significant conflicts with operations included in the Comprehensive Plan inventory of significant mineral and aggregate sites. There are no nearby water impoundments identified in the Marion County comprehensive plan, nor are there any mineral or aggregate sites, near the subject property. Therefore, there is no risk of significant adverse impacts to these features. The criterion is met. 9. Based on the above findings it has been determined that the applicant’s request meets all applicable criteria for a and is, therefore, APPROVED, subject to conditions. Brandon Reich Date: July 14th, 2026 Planning Director/Zoning Administrator If you have any questions regarding this decision, contact Alexander Seifer at (503) 588-5038 Notice to Mortgagee, Lienholder, Vendor or Seller: ORS Chapter 215 requires that if you receive this Notice, it must promptly be forwarded to the purchaser.