AR25-002 Staff Decision - Laserfiche WebLink

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I. Utility facilities necessary for public service, including wetland waste treatment systems, but not including commercial facilities for the purpose of generating electrical power for public use by sale or transmission towers over 200 feet in height. A facility is necessary if it must be situated in the SA zone in order for the service to be provided. An applicant must demonstrate that reasonable alternatives have been considered, and that the facility must be sited in an SA zone due to one or more of the following factors as found in OAR 660-033-0130(16): 1. Technical and engineering feasibility; The applicants state that the City of Turner’s storm water system elevation is above the low point of Acorn Street SE and the future new road - Acorn Court. They further claim that a pump station and on-site water retention options are not feasible. The criterion is met. 2. The proposed facility is locationally dependent. A utility facility is locationally dependent if it must cross land in one or more areas zoned for special agriculture in order to achieve a reasonably direct route or to meet unique geographical needs that cannot be satisfied on other lands; The applicants stated that they consulted with a City of Turner engineer and a consultant with MultiTech Engineering, and they concluded that the proposed utility across tax lot 300 was the best route to channel stormwater to Turner Lake where other stormwater management projects direct stormwater. The criterion is met. 3. Lack of available urban and nonresource lands; All other parcels in the immediate area are also zoned SA, are already developed, or are within the urban growth boundary of the City of Turner. The criterion is met. 4. Availability of existing right-of-way; The applicants’ statement does not directly address the availability of existing right -of-way, but rather mentions that the beneficiary of this application will be the future road extension and related road and sidewalk improvements. The criterion is met. 5. Public health and safety; and There are no known health or public safety implications of this application. The criteria does not apply 6. Other requirements of state and federal agencies. a. Costs associated with any of the factors listed above may be considered, but cost alone may not be the only consideration in determining that a utility facility is necessary for public service. Land costs shall not be included when considering alternative locations for substantially similar utility facilities and the siting of utility facilities that are not substantially similar. The cost to build these facilities are not the main limitation to this project, rather topography and pre-existing residential use and location are the main determining factors. The criterion is met. b. The owner of a utility facility approved under this section shall be responsible for restoring to its former condition as nearly as possible any agricultural land and associated improvements that are damaged or otherwise disturbed by the siting, maintenance, repair or reconstruction of the facility. Nothing in this subsection shall prevent the owner of the utility facility from requiring a bond or other security from a contractor or otherwise imposing upon a contractor the responsibility for restoration. The financial arrangements for the development and installation of the utility facilities were not disclosed by the applicants. As a condition of approval, there shall be no cost to adjacent owners. This shall be a condition of approval. The criterion is met. c. The applicant shall address the requirements of MCC 17.137.060(A)(1). MCC 17.137.060(A) (1) reads: