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CUP26-015 Staff Decision
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CUP26-015 Staff Decision
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Last modified
6/2/2026 9:24:53 AM
Creation date
6/2/2026 9:25:06 AM
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Land Use
Case_Number
26-015
Document_Date
6/2/2026
Land Use Type
Conditional Use
Tax_Lot_Number
081W260001200
Document_Type
Decision
Site_Address
7908 BOEDIGHEIMER RD SE
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d. For purposes of this subsection, examples of potential impacts for consideration may include but are not <br />limited to traffic, water availability and delivery, introduction of weeds or pests, damage to crops or livestock, <br />litter, trespass, reduction in crop yields, or flooding. <br /> <br />These potential impacts were all considered and the only two possible impacts were traffic as a result of Fish and <br />Wildlife personnel visiting the conservation parcel, and reduction of crop yields as a result of more birds in the <br />area. The applicant explains that the habitat restoration activities planned for the proposed conservation parcel <br />include converting more land to Oak savanna and encouraging native plant species such as Roemers fescue, <br />golden paintbrush and the Willamette daisy. These plant species do not attract pest species of birds as Canadian <br />geese that may prey upon grass seed. <br /> <br />e. For purposes of this section, potential impacts to farm and forest practices or the cost of farm and forest <br />practices, impacts relating to the construction or installation of the proposed use shall be deemed part of the use <br />itself for the purpose of conducting a review under this section. <br /> <br />No construction is proposed for establishment of the conservation parcel. The parcel will not be open to the <br />public, so no parking area or structures will be required. Any access by US Fish and Wildlife staff will be in the <br />same manner and similar frequency that a farmer would access their fields. Any future proposed storage structures <br />for tools would be consistent with acceptable farm practices such as agricultural exemption structures. <br /> <br />f. In the consideration of potentially mitigating conditions of approval under ORS 215.296(2), the governing <br />body may not impose such a condition upon the owner of the affected farm or forest land or on such land itself, <br />nor compel said owner to accept payment to compensate for the significant changes or significant increases in <br />costs described in this section. <br /> <br />The county understands this standard and does not propose any such conditions. <br /> <br />The applicant provided information consistent with the requirements for addressing the farm impacts test. Staff <br />assessed the required information and did not identify any way that the proposed conservation parcel could force a <br />significant change in accepted farm or forest practices in the area. Staff found that the potential for increased traffic <br />to the area as the result of establishment of the conservation parcel would be limited to only US Fish and Wildlife <br />staff and therefore consistent with the type of traffic resulting from active farm use of the parcel. Staff found that <br />the potential for the conservation parcel to attract pest species of bird was negligible, and that the applicants actively <br />plan to promote habitat for other species of birds that have potential to be beneficial to farm uses in the area because <br />of the insectivorous diet of these other bird species. Therefore, staff found that the proposal would not force a <br />significant increase in the cost of accepted farm or forest practices in the area. The farm impacts test criterion is <br />met. <br /> <br />2. Adequate fire protection and other rural services are, or will be, available when the use is established. <br /> <br />The properties are both served by Sublimity Fire District and the Marion County Sheriff’s Office. The criterion is <br />met. <br /> <br />3. The use will not have a significant adverse impact on watersheds, groundwater, fish and wildlife habitat, soil <br />and slope stability, air and water quality. <br /> <br />The use is likely to have a beneficial impact on all of these factors. No aspect of the conservation parcel proposal <br />would have an adverse impact on any of these factors. The criterion is met. <br /> <br />4. Any noise associated with the use will not have a significant adverse impact on nearby land uses. <br /> <br />An increase in the bird population on the conservation parcel may result in more noise in the immediate area from <br />bird calls. The volume of these bird calls is not anticipated to negatively impact nearby land uses. The criterion is <br />met. <br /> <br />5. The use will not have a significant adverse impact on potential water impoundments identified in the <br />Comprehensive Plan, and not create significant conflicts with operations included in the Comprehensive Plan <br />inventory of significant mineral and aggregate sites. <br /> <br />There are no nearby water impoundments or aggregate sites. The criterion does not apply.
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