CU25-047 Staff Decision - Laserfiche WebLink

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reconsideration (one time only and a fee of $200) on the basis of new information subject to signing an extension of the 150 day time limit for review of zoning applications. A public hearing is held on appeals subject to the appellant paying a $250.00 fee. Requests for reconsideration, or consider- ation by a hearings officer, must be in writing (form available from the Planning Division) and received in the Marion County Planning Division, 5155 Silverton Rd. NE, Salem, by 5:00 p.m. on December 18th, 2025. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective December 19th, 2025, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. l. The subject property is designated Forest in the Marion County Comprehensive Plan and zoned TC (Timber Conservation). The purpose of the TC zone is to conserve forest lands by maintaining the forest land base and to protect the forest economy by making possible economically efficient forest practices that assure the continuous growing and harvesting of forest tree species as the leading use of forest land consistent with sound management of soil, air, water, and fish and wildlife resources and to provide for recreational opportunities and agriculture. 2. The subject parcel is located approximately 1.6 miles north of North Santiam Hwy, and approximately 1.5-miles northwest of the City of Gates Urban Growth Boundary. The property is undeveloped and used for commercial forestry operations. Contour lines show the parcel to be heavily sloped along the northern boundary of the property. Few intermittent streams run along through the canyons along the northern and eastern portions of the property. The property was described in the following way in 1960 (Vol. 536 Pg 423): “The South ½ of the South ½ of Section 16 and the East ½ of Section 21, Township 9 South, Range 3 East of the Willamette Meridian, Marion County, Oregon.” The South ½ of the South ½ of Section 16 describes the subject tax lot. The East ½ of Section 21 describes the adjacent tax lot southeast of the subject parcel. This description describes these tax lots as one legal parcel. This description continues into a deed from 2007 (Reel 2820 Pg 478). This means the subject tax lot is one legal lot with parcel 093E210000100. This parcel number has been written into the header. 3. All of the surrounding land use are large commercial forestry operations. 4. Soil Survey of Marion County Oregon indicates 0% of the subject property is composed of high-value farm soils. 5. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Building Inspection 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, ground mounted solar PV array over 10 feet in height above grade, 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 stated no objection to the proposal. 6. In order to approve a television, microwave and radio communications facilities, or transmission tower the applicant must demonstrate compliance with the specific criteria listed in Chapter 17.138.050 of the Marion County Code. A. The following criteria apply to all conditional uses in the TC zone: 1. The proposed use will not force a significant change in, or significantly increase the cost of, accepted farming or forest practices on surrounding lands devoted to farm or forest use. Land devoted to farm or forest use does not include farm or forest use on lots or parcels in exception areas approved under ORS 197.731, or in an acknowledged urban growth boundary. The proposed use will not have a significant impact on farm or forest practices, as the site is already clear of timber. The proposed site is only 0.09% of the total parcel area, and all equipment will be contained within this boundary. The applicants state they specifically propose this location for the site so the remainder of the parcel and nearby lands will not be impacted for the future of farm and forest practices. The criterion is met.