AR25-044 Staff Decision - Laserfiche WebLink

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FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. 1. The subject property is designated Special Agriculture in the Marion County Comprehensive Plan and zoned Special Agriculture (SA). Wireless communication facilities are utility facilities necessary for public service, which are a use permitted subject to standards in the SA zone. 2. The subject property is located on the southern side of Cole Rd S and contains an existing communications tower. The existing tower was approved by AR99-075. Having been subject to a previous land use case, the parcel is considered legal for land use purposes. 3. The subject property is clustered next to two other parcels with similar communications towers. Surrounding uses include a mix of rural residential, farm, and timer uses. 4. The applicants are proposing to place a wireless communications facility as a utility necessary for public service. 5. The subject property is comprised of approximately 100% high value soils. 6. Various agencies were contacted with a request for 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. All other commenting agencies either did not respond or stated no objection to the proposal. 7. Wireless communications facilities are a “Utility Facility Necessary for Public Use” in the SA zone as found in MCC 17.137.040. 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; 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; 3. Lack of available urban and nonresource lands; 4. Availability of existing right-of-way; 5. Public health and safety; and 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.