AR26-008 Staff Decision - Laserfiche WebLink

Home Browse Search

8. The applicants should contact the Salem Suburban Fire District to obtain a copy of the District’s Recommended Building Access and Premise Identification regulations and the Marion County Fire Code Applications Guide. Fire District access standards may be more restrictive than County standards. 9. The applicants should contact Marion County Land Development and Engineering (503-584-7714) for additional Engineering Requirements and Advisories, listed in Finding #6 below, that may be required. APPEAL PROCEDURE: The Marion County Zone Code provides that certain applications be considered first by the County Planning Director. If there is any doubt that the application conforms with adopted land use policies and regula- tions the Director must deny the application. Anyone who disagrees with the Director's decision may appeal the decision to a Marion County hearings officer. The applicant may also request reconsideration (one time only and a $200.00 fee) on the basis of new information subject to signing an extension of the 150 day time limit for review of zoning applications. A public hearing is held on appeals subject to the appellant paying a $250.00 fee. Appeals must be in writing (form available from the Planning Division) and received in the Marion County Planning Division, 5155 Silverton Rd. NE, Salem by 5:00 p.m. on August 10th, 2026. If you have questions about this decision contact the Planning Division at (503) 588-5038 or visit the office. This decision is effective on August 11th, 2026, unless appealed. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. 1. The subject property is designated Primary Agriculture in the Marion County Comprehensive Plan and zoned EFU (EXCLUSIVE FARM USE). The intent of both designation and zone is to promote and protect commercial agricultural operations. 2. The subject property is located on the south side of Hylo Rd SE, at the southeast side of the intersection between Rainbow Dr SE and Hylo Rd SE. The subject property consists of two tax lots: tax lot 500 & 600. Tax lot 500 contains 18.15-acres, most of which is dedicated to a vineyard, with the northeast corner containing two farm related structures. Tax lot 600 contains 19.67-acres, has no structures, and is mostly dedicated to vineyard use, with the southern part of the property containing the riparian area around Rodgers Creek. The entire subject property was part of the Sunnyside Fruit Farms #13 subdivision plat, however there have been modifications from the original platted parcels. Tax lot 600 consists of Lots 3 & 7 of the subdivision plat. Tax lot 500 consists of all of Lot 4 and most of Lot 8 with the exception of the southern 2.76-chains (182.16 feet) of the originally platted lot. Tax lot 500 has been described in its current configuration since at least August 4th, 1938, when it was conveyed to Albert L. Chandler by a warranty deed (Vol 233 Page 331, in the book of land records). Tax lot 500 is considered a single legal parcel for land use purposes. Tax lot 600 is more complicated. Tax lot 600’s legal description simply lists Lots 3 & 7 of the Sunnyside Fruit Farm #13 subdivision and does not contain any written indication of consolidation of the two lots. The property appears to have been utilized as single parcel for most of its existence, but the lack of explicit combining language, along with the lack of any development that would indicate the intent of combining properties, staff concludes that Lots 3 & 7 are still separate units of land that were legally created by Vol 3, Page 40 in the Record of Town Plats for Marion County, OR. Tax lot 600 contains 2 parcels that are legal for land use purposes. 3. Surrounding uses involve a mixture of agricultural operations of varying sizes and rural residences not related to farming. Adjacent parcels to the east are zoned AR (acreage residential) and contain a number of smaller parcels (around 2-acres or less) that are dedicated to rural residential use. Another patch of AR zoned parcels is found roughly 700 feet to the north of the subject property. All other adjacent parcels are zoned SA, with some dedicated to smaller farm fields or grass, vineyards, or Christmas tree. The rest are utilized as rural residences with little visible ties to agriculture. 4. The applicants are proposing to establish a primary farm dwelling on a 37.82-acre tract of land consisting of 2 tax accounts. 5. Soil Survey of Marion County Oregon indicates 100% of the subject property is composed of high-value farm soils. 6. Various agencies were contacted about the proposal and given an opportunity to comment.