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CU25-046 Staff Decision
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CU25-046 Staff Decision
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Last modified
11/26/2025 10:26:11 AM
Creation date
11/26/2025 10:26:21 AM
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Land Use
Case_Number
25-046
Document_Date
11/26/2025
Land Use Type
Conditional Use
Tax_Lot_Number
083E000000200
Document_Type
Decision
Site_Address
083E000000200
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5. The applicant is proposing to modify an existing public communications facility (PCF) on at 13,304.66 acre parcel <br />of TC zoned land. The proposal is to remove the existing 60.6-foot-tall communications tower and replace it with <br />an 180-foot self-supporting tower on which communications equipment will be mounted. In addition, the proposal <br />is to install a new equipment shelter to house auxiliary equipment necessary for the operations of the PCF including <br />a new propane powered generator, new propane storage tanks, and a photovoltaic array. The proposal will contain <br />all the modifications in the existing 10,589 square foot site. <br /> <br />6. Various agencies were contacted about the proposal and given an opportunity to comment. <br /> <br />Public Works Land Development and Engineering Permits (LDEP) requested that the following be included in the <br />land use decision. <br /> <br /> ENGINEERING REQUIREMENTS <br /> <br />A. Transportation System Development Charges (SDC’s) will be assessed at the time of application for building <br />permits. <br /> <br />Marion County Building Inspection commented: <br />Permit(s) are required to be obtained prior to the development of utilities and a communications tower for <br />emergency services, as identified in M.C.C. 15.05.250(A)(2). <br /> <br />The Oregon Department of Fish and Wildlife commented: <br />ODFW recommends conducting pre-construction surveys for raptors. House Mountain is known to have nesting <br />peregrine falcons and bald eagles may also be within the vicinity of the proposed project area. Nests of these species <br />and other birds of prey are protected under the USFWS Migratory Bird Treaty Act. <br /> <br />All other commenting agencies either did not respond, or stated no objection to the proposal. <br /> <br />7. In order to approve a television, microwave and radio communications facilities, or transmission tower the applicant <br />must demonstrate compliance with the specific criteria listed in Chapter 17.138.050 of the Marion County Code <br />(MCC) and the uses identified in MCC 17.138.040 shall satisfy the criteria in the applicable subsections below. <br /> A. The following criteria apply to all conditional uses in the TC zone: <br /> <br />1. The proposed use will not force a significant change in, or significantly increase the cost of, accepted <br />farming or forest practices on surrounding lands devoted to farm or forest use. Land devoted to farm <br />or forest use does not include farm or forest use on lots or parcels in exception areas approved under <br />ORS 197.732, or in an acknowledged urban growth boundary. <br /> <br />The applicant argues that since this is an existing microwave and radio communications facility/transmission tower, <br />the modifications proposed will not increase the footprint nor add any additional use to the surrounding lands. The <br />proposed modifications include a tower replacement and new ground equipment, and the site area is already <br />developed suitably for the existing self-support tower. They state that the site will be able to accommodate the taller <br />tower and new ground equipment and that the existing use has not resulted in a significant change or increases to <br />the costs of farming or forest practices on the parcel. The intended modifications are not expected to have any <br />additional impacts. This addresses (1); the criterion is met. <br /> <br /> 2. The proposed use will not significantly increase fire hazard or significantly increase fire suppression <br />costs or significantly increase risks to fire suppression personnel. <br /> <br />3. Adequate fire protection and other rural services are or will be available when the use is established. <br /> <br />The applicants state that there is an existing gravel road infrastructure in the area of the project and a large <br />turnaround at the facility that is currently utilized by Weyerhaeuser and Marion County Public Works to access the <br />site and provide fire suppression support. An aerial survey of the area via commercially available imagery services <br />shows an extensive network of public and private roads leading to the project site. The applicants state that the <br />facility will be designed non-combustible construction materials where applicable, and compliant with Oregon <br />Department of Forestry fire safety practices to minimize wildfire risk. The equipment shelter roof will be <br />constructed of a metal standing seam roof, which has a Class A fire rating. The applicants state that the existing <br />facility is currently devoid of any substantial vegetation in and around the proposed facility which will minimize <br />wildfire risk. <br />
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