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Attention Property Owner: A land use proposal has been submitted for property near where you live or near property you own elsewhere. State law requires that the county notify property owners within a certain distance from this property. The proposal and address of the property is described in the "Application" section below. The decision in this case does not directly affect the zoning or use of your property. If you object to the decision, refer to the "Appeal" section. If you have questions, contact the staff person listed at the end of this report. NOTICE OF DECISION ADMINISTRATIVE REVIEW CASE NO. 25-015 APPLICATION: Application of Remington BESS, LLC, on behalf of the Neils Paul Jensen and Irma L. Jensen Joint Revocable Trust for an administrative review to construct a battery energy storage system as a utility facility necessary for public service on a 15-acre portion of a 133.77-acre parcel located in the 5200 block of Pearson Rd SE, Turner (T9S; R2W; Section 20D; Tax Lot 100 and T9S; R2W; Section 21C; Tax lots 100 & 200). DECISION: The Planning Director for Marion County has DENIED the above-described Administrative Review. APPEAL PROCEDURE: The Marion County Zone Code provides that certain applications be considered first by the County Planning Director. If there is any doubt that the application conforms with adopted land use policies and regula- tions the Director must deny the application. Anyone who disagrees with the Director's decision may appeal the decision to a Marion County hearings officer. The applicant may also request reconsideration (one time only and a $200.00 fee) 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. Appeals 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 August 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 August 19th, 2025, unless appealed. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. 1. The subject property is designated Primary Agriculture in the Marion County Comprehensive Plan. The major purpose of this designation and the corresponding Exclusive Farm Use (EFU) zone is to promote the continuation of commercial agricultural and forestry operations. 2. The property is located on the northern side of Pearson Rd SE within a half mile of the intersection with Parrish Gap Rd SE. The proposed area for the Battery Energy Storage System (BESS) is the approximately 15 acres north of the PacifiCorp Parrish Gap Substation which is located on Pearson Rd SE, east-adjacent to the property at 5387 Pearson. The proposed area is in agricultural use for either grass seed or hay production with the rest of the 133.77-acre parcel. There are two mapped perennial streams and one mapped intermittent stream across the subject parcel. Based on the site plan, the BESS would be sited upon the southernmost perennial stream and the intermittent stream, as well as being nearly adjacent to the northern perennial stream. All three of these flow into canals managed by the Santiam Water Control District for the purpose of providing water rights to farmers in the district. The subject property was itself the subject of a property line adjustment in 2008 (PLA08-044) which clarifies that the 46.35-acre tax lot upon which the BESS is proposed is itself part of a larger 133.77-acre parcel consisting of three tax lots (T9S; R2W; Section 20D; Tax Lot 100 and T9S; R2W; Section 21C; Tax lots 100 & 200). The property line adjustment was between two parcels, and yielded a 5-acre parcel which contains the homesite at 5387 Pearson Rd SE (not involved in this application) and the 133.77-acre parcel upon which the 15-acre BESS is proposed by this application. While the subject parcel consists of three tax lots, it appears by all indications that PLA08-044 was completed and therefore the subject parcel is legal for land use purposes. 3. Surrounding uses are agricultural and residential. Lands north and east of the subject parcel are in the EFU zone and devoted to large scale agriculture, particularly of grass seed and hay. Lands directly to the south are in the SA (Special Agriculture) zone and in use for agriculture and rural homesites. On the other side of those SA zoned lands is a relatively dense neighborhood of AR (Acreage Residential) zoned parcels. To the west of the subject parcel is another parcel in agricultural use in conjunction with the subject parcel, and a parcel in rural residential use. Those parcels are bordered by Parrish Gap Rd SE, and west of Parrish Gap is the southeastern corner of a large (approximately 375-acre) AR zoned area devoted to rural residences and hobby farms. The lands to the north and east, devoted to agricultural purposes, are mostly devoid of trees, and east of Duckflat Rd SE is a significant area of wetlands (both natural and manmade). The lands to the west and south of the subject parcel, and specifically south of Pearson Rd and West of Parrish Gap, are relatively densely developed and densely treed lands.