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Staff Decision (4552)
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Staff Decision (4552)
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Last modified
10/22/2024 8:22:26 AM
Creation date
10/30/2024 4:19:16 PM
Metadata
Fields
Template:
Land Use
Case_Number
24-023
Document_Date
10/22/2024
Land Use Type
Administrative Review
Tax_Lot_Number
061W15A000100
Document_Type
Decision
Site_Address
8692 HUMPERT LN NE
Text box
ID:
1
Creator:
EDIAZ
Created:
10/30/2024 4:19 PM
Modified:
10/22/2024 8:21 AM
Text:
https://www.codepublishing.com/cgi-bin/ors.pl?cite=197.732
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2. The proposed facility is locationally dependent. A utility facility is locationally dependent if it must cross land <br />in one or more areas zoned for exclusive farm use in order to achieve a reasonably direct route or to meet <br />unique geographical needs that cannot be satisfied on other lands; <br /> <br />3. Lack of available urban and nonresource lands; <br /> <br />4. Availability of existing right-of-way; <br /> <br />5. Public health and safety; and <br /> <br /> 6. Other requirements of state and federal agencies. <br /> <br />a. Costs associated with any of the factors listed above may be considered, but cost alone may not be the only <br />consideration in determining that a utility facility is necessary for public service. Land costs shall not be <br />included when considering alternative locations for substantially similar utility facilities and the siting of <br />utility facilities that are not substantially similar. <br />b. The owner of a utility facility approved under this section shall be responsible for restoring to its former <br />condition as nearly as possible any agricultural land and associated improvements that are damaged or <br />otherwise disturbed by the siting, maintenance, repair or reconstruction of the facility. Nothing in this <br />subsection shall prevent the owner of the utility facility from requiring a bond or other security from a <br />contractor or otherwise imposing upon a contractor the responsibility for restoration. <br /> <br /> The applicants state that they found a need for land around Mt. Angel for this communications pole through their <br /> research. The site needed to be in range of strong cellular signals and have access to electrical power. This site <br /> currently contains a cellular tower already and the applicants have an agreement with PGE to provide power to the <br /> site. The monitoring system also need to be located next to existing NW Natural gas lines, which are present on <br /> the eastern side of Humpert Ln NE. Additionally, the site needs vehicle access from a roadway, and Humpert Ln <br /> NE provides this access. An easement will also be provided to the site for NW Natural employees. There are no <br /> associated public health or safety concerns with this proposal, as the site will not require employees to operate it <br /> and does not produce odors, fumes, gases, or any other outputs that would be detrimental to public health or <br /> safety. Rather, this site monitors the gas system to further protect public safety. The lease agreement contains a <br /> provision to return the site to its prior conditions upon removal. All of the above criterion are met. <br /> <br /> The tower is 20 feet tall and will be fenced, there are no special setbacks that need to be applied to this request or <br /> any other development standards. <br /> <br /> c. The applicant shall address the requirements of MCC 17.136.060(A)(1). <br /> <br /> MCC 17.136.060(A) (1) reads: <br /> <br />1. The use will not force a significant change in, or significantly increase the cost of, accepted farm or forest <br />practices on surrounding lands devoted to farm or forest use. Land devoted to farm or forest use does not <br />include farm or forest use on lots or parcels upon which a non-farm or non-forest dwelling has been <br />approved and established, in exception areas approved under ORS 197.732, or in an acknowledged urban <br />growth boundary. <br /> <br /> There will be no cost to the property owner nor will there be for any adjacent property owner. The construction of <br /> this tower will disturb the least amount of land possible and is not expected to affect any adjacent farm operations. <br /> The criterion is met. <br /> <br /> d. In addition to the provisions above, the establishment or extension of a sewer system as defined by OAR 660- <br />011-0060(1)(f) in an exclusive farm use zone shall be subject to the provisions of OAR 660-011-0060. <br /> <br /> No sewer system is proposed. The criterion does not apply. <br />
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