AR25-042 Staff Decision - Laserfiche WebLink

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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 December 26th, 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 29th, 2025, unless appealed. 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. A portion of the subject property is also zoned AR (Acreage Residential) however the proposal is only taking place within the SA zoned portion of the property. 2. The subject property is a 68.41-acre parcel located on the east side of Parrish Gap Rd SE and on the north side of Valley View Rd SE, where the two roads intersect. The topography of the parcel is dominated by a ridge that runs north to south in orientation through the middle of the parcel. A 1976 assessed date manufactured dwelling and several accessory structures are located on the southern side of the parcel along Valley View Rd. The remainer of the parcel is in use as a Christmas tree farm and recently clear-cut wooded areas. A review of the deed history of the parcel found that the shape changed several times in the years prior to the adoption of partition and subdivision ordinances by Marion County in September 1977. The current property owner (Mr. Petersen) came into ownership of a roughly 78-acre parcel, that included the full area of the subject parcel, on August 12th, 1970 (Vol 696 Page 841 & 842). Two years later in 1972 Mr. Petersen partitioned a 2-acre parcel by deed (tax lot 1800 of section 20D, Vol 737 Page 222). Finally, on July 13th, 1973 Mr. Petersen partitioned another parcel of land by deed (tax lot 1700 of section 20D, Vol 757 Page 532). Both partitions happened prior to the adoption of partition and subdivision ordinances by Marion County and are legal. The subject parcel is the remainder following these two partitions and has not changed its configuration since. Therefore, the parcel is legal for land use purposes. 3. The subject property is located in a relatively hilly area dominated by several ridges. Surrounding properties include a mixture of uses including commercial farm fields, natural mixed forest habitat (predominantly on the hill slopes), and clusters of AR (acreage residential) zoned parcels developed with dwellings. 4. The applicants are proposing to place a wireless communications facility, including a 150-foot tower, as a utility facility. 5. The subject property is comprised of approximately 97.1% high value farm soils. 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)), and powered electrical systems prior to installation.” 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 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):