AR25-041 Staff Decision - Laserfiche WebLink

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1. The subject property is designated Primary Agriculture in the Marion County Comprehensive Plan and correspondingly zoned EFU (Exclusive Farming Use). The purpose of the EFU zone is to provide areas for continued practice of commercial agriculture. These areas are generally well suited for large-scale farming. The EFU zone is also intended to allow other uses that are compatible with agricultural activities, to protect forests, scenic resources and fish and wildlife habitat, and to maintain and improve the q uality of air, water and land resources of the county. 2. The subject parcel is located in the south west corner of the intersection of Macleay Road SE and Howell Prairie Road SE. The property contains a 1945 dwelling, several accessory structures and at least one agricultural building. The property has approximately 61 of its 66 acres planted in hazelnuts. This parcel of land is the remnant of the William Taylor Donation Land Claim in combination of at least four whole, or partial Government lots. The present configuration is the result of numerous land sales pre September 1977 with some sales as far back as 1925 and as recently as 1973. Therefore, the subject lot is legal for land use purposes. 3. Surrounding land uses consist of large acreage EFU parcels engaged is different forms of commercial agriculture. To the immediate east of the subject parcel is an enclave of Acreage Residential (AR) properties consisting of homesites on small acreage lots. Also, there is a small community commercial (CC) zone that makes up the unincorporated community of Macleay. 4. The applicants are proposing to place a wireless communication transmission tower as a utility necessary for public service on behalf of Verizon Wireless and Vertical Bridge. The area will include a 50 foot by 50 foot area of leased land in a location where the hazelnut trees have been removed. The facility will have a 150 foot tall monopole that will be designed to accommodate Verizon Wireless plus an additional three other tenants. Supporting Verizon's antennas will be two concrete pads, one 11'x4' to support a 30kW diesel back-up generator and the second concrete pad will be 11'x4' to support one proposed cabinet and two future cabinets. There will be one H-frame for utilities, including a power disconnect, fiber junction box, and other ancillary equipment. The overall site will also include a fiber vault and H-frame for all power meters for the site. 5. The subject property is comprised of approximately 100% high value soils. 6. Various agencies were contacted about the proposal and given an opportunity to comment Marion County Building Department commented: No Building Inspection concerns as the scope of work for the proposed mono pole cellular tower is exempt from the 2022 OSSC under M.C.C 15.05.250(A)(1)&(2). Marion County Fire District #1 commented about appropriate fire and EMS access, building premise identification and required NFPA 704 placards. A full list of comments are contained in the case file. All other commenting agencies did not respond or stated no objection to the proposal. 7. Communications towers are a “Utility Facility Necessary for Public Use” as found in MCC 17.136.040, the approval criteria are found below: 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 EFU 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 EFU 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 did not provide significant technical or engineering details about the necessity of this particular location. They did mention that the need for this facility is based on the increasing trend of households migrating to wireless communications over traditional land based telephony. 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 exclusive farm use in order to achieve a reasonably direct route or to meet unique geographical needs that cannot be satisfied on other lands;