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6. The applicants should contact the Stayton Fire District to obtain a copy of the District’s Recommended Building <br />Access and Premise Identification regulations and the Marion County Fire Code Applications Guide. Fire District <br />access standards may be more restrictive than County standards. <br /> <br />7. All or a portion of this property is located within the identified 100-year floodplain. Development of the <br />properties may require approval of a floodplain development permit with Marion County prior to commencement <br />of the development. The applicants are advised to consult with Marion County Planning prior to commencing <br />development of the parcel. <br /> <br />APPEAL PROCEDURE: The Marion County Zone Code provides that certain applications be considered first by the <br />County Planning Director. If there is any doubt that the application conforms with adopted land use policies and regula- <br />tions the Director must condition or deny the application. Anyone who disagrees with the Director's decision may request <br />that the application be considered by a Marion County hearings officer after a public hearing. The applicant may also <br />request reconsideration (one time only and a fee of $200) on the basis of new information subject to signing an extension <br />of the 150 day time limit for review of zoning applications. <br /> <br />A public hearing is held on appeals subject to the appellant paying a $250.00 fee. Requests for reconsideration, or <br />consideration by a hearings officer, must be in writing (form available from the Planning Division) and received in the <br />Marion County Planning Division, 5155 Silverton Road NE, Salem, by 5:00 p.m. on March 13th, 2026. If you have <br />questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective <br />March 14th, 2026, unless further consideration is requested. <br /> <br />FINDINGS AND CONCLUSIONS: Findings and conclusions on which decision was based are noted below. <br /> <br />1. The subject properties are designated Primary Agriculture in the Marion County Comprehensive Plan and <br />correspondingly zoned EFU (Exclusive Farm Use). The primary intent of both this designation and zone is to <br />promote and protect commercial agricultural operations. <br /> <br />2. The properties are located on the south side of Ferry Rd SE, between the North Santiam River and Ferry Rd just <br />outside the boundary of the unincorporated community of Mehama. This location is roughly 2,300 feet east of the <br />intersection of Ferry Rd and Highway 22 following the path of the road. Both parcels are located almost entirely <br />within the 100-year floodplain of the North Santiam River. Tax lot 3900 is currently developed with a little league <br />baseball field complex approved by case CU/FP90-049. Tax lot 3900 has not changed its configuration since this <br />approval and is considered legal for land use purposes. Tax lot 100 is currently vacant and consists of wooded <br />riverbank along the North Santiam River. Tax lot 100 was the subject of two previous land use cases, the most <br />recent of which (AR/FP23-032) approved a lot-of-record dwelling on tax lot 100. The parcel is considered legal <br />for land use purposes. <br /> <br />3. Adjacent properties include a mix of small acreage homesites, small farm operations, woodlot parcels, and more <br />urbanized development within the urban growth boundary of Lyons and unincorporated community of Mehama. <br />To the east and west are SA zoned parcels. The parcels to the west are made up of small homesites and a larger <br />woodlot. The parcels to the east are in use as a small farm operation. The land to the south crosses the county <br />border and is in Linn County. Finally, to the north are a number of Acreage Residential (AR) zoned properties <br />developed as homesites, with the one exception being the site of the old Mehama lumber mill currently zoned <br />IUC (Unincorporated Community Industrial). <br /> <br />4. Soil Survey for Marion County, Oregon, indicates approximately 85.9% of the soils on the subject tax lots are <br />classified as high value. <br /> <br />5. The applicants are proposing to adjust the property lines on a 17.50-acre parcel and an 11.20-acre parcel to create <br />a 17.20-acre parcel and an 11.50-acre parcel. The proposal would transfer a strip of land along the current west <br />property line of tax lot 3900 to tax lot 100 to allow for the creation of a driveway to access tax lot 100, which <br />currently has no frontage along a public road. <br /> <br />6. Various agencies were contacted about the proposal and given an opportunity to comment. <br /> <br />Marion County Surveyor’s Office commented: <br />