AR25-043 Staff Decision - Laserfiche WebLink

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1. The SA (special agriculture) zone is applied in areas characterized by small farm operations or areas with a mixture of good and poor farm soils where the existing land use pattern is a mixture of large and small farm units and some acreage homesites. This zone allows the flexibility in management needed to obtain maximum resource production from these lands. It emphasizes farm use, but forest use is allowed and protected from conflicts. The SA 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 quality of air, water and land resources of the county. 2. The property is located on the west side of Summit Loop SE, approximately 1/3 miles west of the road. The subject tax lot, tax lot 1000, is located within tax lot 900. The property contains an existing radio tower and equipment shelter, which was approved through land use case AR11-020. The subject property is therefore considered legal for land use purposes. 3. Properties in all directions are zoned SA and consist of agriculture with some rural residential parcels. 4. The subject property is comprised of approximately 100% high value soils. 5. The applicants are proposing to replace the existing 68.5-foot tower with an 180-foot tower with emergency communication antenna and ancillary equipment. They are also proposing to replace two ice bridges and install a new generator. 6. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Building Department commented: “Permit(s) are required to be obtained prior to the development of a communication tower used for emergency purposes only (M.C.C.15.05.250(A)(2)(c)), equipment shelter and/or generator shelter over 250 sq. ft. in area or designated as a Risk Category III or IV structure according to OSSC Table 1604.5, and utilities associated with this project such as a propane line from the first stage propane tank regulator to the generator and electrical systems.” Turner Fire District commented: 1. OFC 6101.1 The storage, handling, and transportation of liquified petroleum gas (LP-gas) and the installation of LP-gas equipment pertinent to systems for such uses shall comply with the Oregon Fire Code (OFC) Chapter 61 and NFPA 58. Refer to Oregon Revised Statutes (ORS) 480.410 through 480.460 and Oregon Administrative Rules (OAR) 837-030-0100 through 837-03-0280 for administrative provisions pertaining to liquified petroleum gas licensing and notification of liquified petroleum gas installations. 2. OFC 6101.2 Distributors shall not fill an LP-gas container for which a permit is required unless a permit for installation has been issued for that location by the fire code official. NOTE: See OAR 837-030-0240. 3. OAR 837-030-0240 The State Fire Marshal must be notified by the last day of each month by the installing company of all new liquified petroleum gas tank installations made during the preceding month. New installations include replacements. Notification must be made on a form (Notice of Installation of Liquified Petroleum Gas Tank) provided by the State Fire Marshal and include the following information (see OAR 837- 030-240(3a through 3i). LP-Gas containers, including customer-owned containers, that have not been reported as specified in ORS 480.450 shall not be filled or refilled. 4. OAR 837-030-0250 State Fire Marshal Deputies or State Fire Marshal assistants will inspect a reasonable number of reported tank installations. NOTE: Inspections of LP-gas tank installations is handled by the State Fire Marshal Deputies assigned to serve the Turner Fire District jurisdiction. All other commenting agencies stated no objection to the proposal. 7. Public communication facilities are a “Utility Facility Necessary for Public Service” as found in MCC 17.137.040(I). 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 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;