1995-24351-Ordinance No. 95-044 Recorded 7/12/1995REVIEWED
95-24351 D�-
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
ORDINANCE NO. 95-044
WHEREAS, Central Oregon Cellular, d.b.a Cellular One,
has submitted an application for a Text Amendment, File
TA -95-1, to amend Chapter 18.52, Surface Mining Zone -SM, of
the Deschutes County Zoning Ordinance; and
WHEREAS, after notice was given, a public hearing was
held before the Deschutes County Planning Commission on March
10, 1995; and
WHEREAS, the Deschutes County Planning Commission
supported a revised amendment to Chapter 18.52; and
WHEREAS, the Board of County Commissioners finds the
Comprehensive Plan of Deschutes County must be amended to
include, as a matter of policy, a new group uses in the SM,
Surface Mining, SM zone; and
WHEREAS, after notice was given and hearing conducted in
accordance with applicable law, the Board of County
Commissioners have considered the proposed amendment; now,
therefore:
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
ORDAINS as follows:
Section 1. FINDINGS. Findings supporting the amendment
of Policy No. 16, Surface Mining Operations, of the Deschutes
County Comprehensive Plan, are attached to this ordinance as
Exhibit "A". Findings supporting the amendment of the
G.HE®
N,ICROFILMED
1 - ORDINANCE NO. 95-044 K 31995 U� 19 9
July 05, 1995 UL
0147-061-1
An Ordinance Amending the
I
Deschutes County Comprehensive
Plan, by amending Surface Mining
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operations Policy No. 16, to
include microwave and radio
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communication towers and accessory
equipment structures as uses
car
permitted outright or
conditionally in the SM zone,
and Declaring an Emergency.
ORDINANCE NO. 95-044
WHEREAS, Central Oregon Cellular, d.b.a Cellular One,
has submitted an application for a Text Amendment, File
TA -95-1, to amend Chapter 18.52, Surface Mining Zone -SM, of
the Deschutes County Zoning Ordinance; and
WHEREAS, after notice was given, a public hearing was
held before the Deschutes County Planning Commission on March
10, 1995; and
WHEREAS, the Deschutes County Planning Commission
supported a revised amendment to Chapter 18.52; and
WHEREAS, the Board of County Commissioners finds the
Comprehensive Plan of Deschutes County must be amended to
include, as a matter of policy, a new group uses in the SM,
Surface Mining, SM zone; and
WHEREAS, after notice was given and hearing conducted in
accordance with applicable law, the Board of County
Commissioners have considered the proposed amendment; now,
therefore:
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
ORDAINS as follows:
Section 1. FINDINGS. Findings supporting the amendment
of Policy No. 16, Surface Mining Operations, of the Deschutes
County Comprehensive Plan, are attached to this ordinance as
Exhibit "A". Findings supporting the amendment of the
G.HE®
N,ICROFILMED
1 - ORDINANCE NO. 95-044 K 31995 U� 19 9
July 05, 1995 UL
014'7-0648
County's economic, social, environmental, and energy analysis
to permit microwave and radio communication towers in the SM
zone, and the incorporation of this ESEE into the County's
Comprehensive Plan Surface Mining Resource Element, are
attached to this ordinance as Exhibit "B".
Section 2. AMENDMENT OF PLAN POLICIES. Policy No. 16,
Surface Mining Operations, of the Deschutes County
Comprehensive Plan, is amended to read as follows:
"Surface Mining Operations
16. Uses permitted outright or conditionally in the SM zone
shall include:
(a) Extraction, processing and storage of mineral and
aggregate resources; and
(b) Necessary ancillary activities related to the uses
listed in paragraph (a) above; and
(c) Microwave and radio communication towers and
accessory equipment structures occupying a ground
site of no larger than 4,000 square feet and that
are necessary to be sited in the SM zone for the
service to be provided."
Section 3. AMENDMENT OF RESOURCE ELEMENT. The Resource
Element of the Deschutes County Comprehensive Plan is amended
to include the Economic, Social, Environmental, and Energy
(ESEE) analysis attached hereto as Exhibit B and by this
reference incorporated herein.
Section 4. SEVERABILITY. The provisions of this
ordinance are severable. If any section, sentence, clause,
or phrase of this ordinance is adjudged to be invalid by a
court of competent jurisdiction that decision shall not
affect the validity of the remaining portions of this
Ordinance.
Section 5. EMERGENCY. This Ordinance being necessary
for the immediate preservation of the public peace,
2 - ORDINANCE NO. 95-044
July 05, 1995
r
health and safety, an emergency is declared to exist, and
this Ordinance takes effect on its passage.
DATED this day of July, 1995. 0147--0649
BOARD OF COUNTY COMMISSIONERS
OF SCHUTES COUNTY, OREGON
TSzJ#�/
H.l SLAUGHTERI- Chairman
NANCY PO
IE S EN, Zorn
Recording Secre y ROBEA L. NIPPER, CofiuWiss
3 - ORDINANCE NO. 95-044
July 05, 1995
014'7-0650
Exhibit RAN
Findings in Support of Ordinances 95-044 and 95-046.
1. ORS 215.283 lists the uses that may be permitted in
exclusive farm use zones. ORS 215.283(1)(d) permits utility
facilities necessary for public service, except commercial
facilities for the purpose of generating power for public use
by sale and transmission towers over 200 feet in height. The
Board finds the proposed text amendments would allow the
siting of microwave and radio communication towers in the SM,
Surface Mining zone, and that that such facilities are
utility facilities for public service. The Board finds that
individual applications for siting such facilities in the SM
zone must demonstrate the proposed facility is necessary to
be sited in an SM zone where the underlying comprehensive
plan designation was agriculture, and the Board of County
Commissioners did not adopt an exception to Statewide
Planning Goal 3, Agricultural Lands, when the Board adopted
the Surface Mining Comprehensive Plan Designation.
2. OAR -660-06-025 lists the uses which may be permitted in
lands designated for Forest Use. Section 660-06-025(4)(g)
permits television, microwave, and radio communication
facilities and transmission towers as a use that may be
allowed on forest land subject to review standards in
OAR -660-06-025(5). As the proposed use falls within this
classification, individual applications for the siting of
microwave and radio communication towers described above must
demonstrate compliance with the compatibility standards of
OAR -660-06-025((5), where the underlying Comprehensive Plan
Designation was Forest Use, and the Board of County
Commissioners did not adopt an exception to Statewide
Planning Goal 4, Forest Lands, when the Board adopted the
Surface Mining Comprehensive Plan Designation.
3. Deschutes County performed a county -wide review of
mineral and aggregate resources in 1990. Upon completing
this review, the County determined certain properties
included significant mineral and aggregate resource which
warranted protection under Statewide Planning Goal 5, Open
Spaces, Scenic and Historic Areas, and Natural Resources. To
protect these mining resources, the County applied a Surface
Mining designation on the Deschutes County Comprehensive Plan
Map, and then applied an SM, Surface Mining zone, to these
properties on the County's Official zoning Maps. The Board
finds that, based on the information in the record, that the
siting of microwave and radio communication towers and/or
accessory equipment structures on a property zoned Surface
Mining can occur to avoid conflicts with the proposed
communication facility and the uses permitted in the SM zone.
The Board finds that proposals to site microwave or radio
communication towers can be permitted on portions of
properties zoned SM where such locations have already been
EXHIBIT A to Ord. Nos 95-44 and 95-046
June 29, 1995
Page 1
0147-0651
mined, or do not include significant mineral and aggregate
resource, and on which the location, installation and
operation of the tower can occur which minimizes conflicts
with the extraction and the use of mineral or aggregate
resources.
4. The Board finds that no division of land in the SM zone
is necessary to create a separate property for the location
and the operation of microwave or radio communication
facilities with monopole towers no higher than 150 feet,
non -lighted, and occupying a ground site of no larger than
4,000 square feet. The Board finds the creation of new lots
or parcels in the SM zone for this purpose could lead to the
establishment of conflicting uses in the SM zone.
5. The applicant has demonstrated through Exhibit B that
sites zoned SM, Surface Mining, include properties which are
most suitable for the location and the operation of microwave
and radio communication facilities. The applicant has
indicated that sites zoned SM include buttes, which occur at
a higher elevation than surrounding properties. The
applicant indicates such sites provide topography higher than
most areas which assist in the transmission of communications
between cellular telephone users. The Board finds the
applicant has demonstrated why the proposed use should be
permitted in the SM zone.
DPS:dps
EXHIBIT A to Ord. Nos 95-44 and 95-046
June 29, 1995
Page 2
February 6, 1995
Cellular One Center
1600 SW 4th Avenue
Portland, OR 97201
CELWLARONE
IMAGINE NO LIMITS®
TEXT AMENDMENT
DESCHUTES COUNTY ZONING ORDINANCE
APPLICANT:
Central Oregon Cellular, Inc.
dba Cellular One
PO Box 1119
Portland, OR 97207
REPRESENTATIVE:
Kevin Martin
Land Use Coordinator
Cellular One
PO Box 1119
Portland OR 97207
Telephone: 503-790-2391
Fax 503-248-7486
PROPERTY OWNER:
(not applicable)
SITE DESCRIPTION:
(not applicable)
LAND USE DESIGNATION: Surface Mining Zone - SM
EEQUEST. Amend Section 18.52.040 of the Deschutes County Zoning
Ordinance to allow `television, microwave and radio
communication facilities and transmission towers'.
EXHIBIT
Page
Deschutes County Zoning Ordinance
Text Amendment
Page 2
RE UEST
014'7-0653
Cellular One is requesting an amendment to the Deschutes County Zoning Ordinance to add a
new use to the Surface Mining (SM) Zone. Section 18.52.040 would be amended to read as
follows:
18.52.040 Uses Permitted Outright Subject to Site Plan Review.
The following uses are permitted outright subject to site plan review as provided
in this Section:
A. Extraction of minerals.
B. Stockpiling and storage of minerals.
C. Sale of minerals and mineral products extracted and produced on the same
parcel or contiguous parcels in the same ownership.
D. Buildings, structures, apparatus, equipment and appurtenances necessary
for the above uses to be carried on.
(NEN9 Television. microwave and radio communication facilities and
transmission towers
BACKGROUND
Cellular One is requesting this amendment In order to allow the construction and operation of a
cellular telephone communication facility In an SM zone situated near Redmond.
Cellular One's existing cell site on Grizzly Mountain, which serves Bend, Redmond, Madras,
Prineville and Intervening rural areas, is at capacity. The cell site proposed for location on
property zoned SM will provide additional capacity to handle an increasing volume of calls as
well as improving service to areas which are currently in topographic "shadows' and unable to
'see' the Grizzly Mountain site. As one of the two licensees authorized by the FCC to provide
cellular telephone service in this area, Cellular One is obligated to provide adequate capacity
and coverage in order to maintain its license.
Approval of this text amendment will enable Cellular One to apply for a land use permit to
construct and operate a cellular telephone communications facility that is needed to expand and
enhance coverage in the Redmond area, not only for the general public but emergency service
providers as well.
GENERAL FINDINGS
1. The SM zone is a "resource' district similar to the Exclusive Farm Use (EFU) and Forest
Use (F-1) zones. The purpose of the EFU zone is to preserve and maintain agricultural
lands. The purpose of the F-1 zone is to conserve forest lands. According to Section
18.52.010(B) of the Zoning Ordinance, one of the purposes of the SM zone is "...To
allow the development and use of identified deposits of mineral and aggregate resources
consistent with Statewide Planning Goals.'
EXHIBIT
Page Z
Deschutes County Zoning Ordinance
Text Amendment
Page 3
014'7-0054
2. Oregon Administrative Rules allow cellular telephone communication facilities in
exclusive farts use zones. OAR 660-33-120 provides for a ... utility facilities necessary for
public service...' In McCaw Communication. Incorporated vs Marion County, 96 OR
Apo 522 (1989), the Oregon Court of Appeals determined that cellular telephone
facilities and towers are utility facilities that are necessary for public service.
3. Oregon Administrative Rules allow cellular telephone communication facilities in forest
zones. OAR 660406-025(4)(8) provides for'... Television, microwave and radio
communication facilities and transmission towers...' This is the language proposed for
the Zoning Ordinance text amendment.
4. Mineral and aggregate extraction businesses commonly utilize two-way radio dispatch
for their vehicles. Towers and antennas for these radios may not be allowed under the
current provisions of the SM Zone.
5. There are at least two radio facilities with communication towers and antennas situated
on property zoned SM. These radio facilities are located on tax lots 500 and 600, map
141333.
6. Specific Use Standards for 'radio, television tower, utility station or substation' uses are
contained in Section 18.128.040" of the Zoning Ordinance.
1. Inventory Goal 5 Resources: Lands zoned SM are included on the Deschutes County
Comprehensive Plan inventory of significant mineral and aggregate sites.
2. Identify Conflicting Uses; Under OAR 660-16-005, local governments are required to
Identify conflicts with inventoried Goal 5 resources. Only those uses currently listed in
the SM zone have been evaluated for their potential conflicts with mineral and aggregate
extraction and processing.
Television, microwave and radio communication facilities and transmission towers are
not currently listed as allowed uses in the SM zone and therefore must be considered as
potential conflicting uses. OAR 660-16-005(2) requires that the economic, social,
environmental and energy (ESEE) consequences of allowing potential conflicting uses
be reviewed. Both the impacts on the resource site and on the conflicting use must be
considered.
A: ESEE Impacts on Mineral and Aggregate Resources:
Radio communication facilities usually consist of a tower structure with antennas
and an equipment shelter. A typical site occupies 4000 square feet or less.
These facilities are unoccupied passive uses, and will interfere very little with
mineral and aggregate extraction and processing activities. No personnel are
stationed at these sites. The shelters are not equipped with water or bathroom
facilities and are not designed to house employees. The shelters are intended
only to enclose and protect the radios and electronics and to provide a weather-
proof enclosure for technicians while doing maintenance work, typically once or
twice a month.
EXHIBIT
Para 3
Deschutes County Zoning Ordinance o11 �r/�.�0s��
Text Amendment
Page 4
There are no activities associated with radio communication facilities that will
interfere with mineral and aggregate extraction and processing activities. These
installations produce no airborne emissions, odor, vibration, heat, glare,
radioactive wastes, or noxious and toxic materials. All equipment and materials
needed to operate the site are located in the equipment building. Heating,
ventilating and air conditioning apparatus are located inside. Noise levels will
comply with DEQ regulations. Since the site does not have water or sanitary
facilities it will generate no waste water.
Only three activities associated with the cell site may extend beyond the
Installation boundaries. First, dust may be generated by the occasional
maintenance vehicle visiting the site. This amount of dust would be minute
compared to that generated by mineral and aggregate extraction and processing
activities. The second activity that may extend beyond the site is the noise from
the climate -control equipment. Again, the noise volume would be insignificant
when compared to rock extraction and crushing. The third activity that will
extend beyond the site is the transmission of radio frequency signals. These will
have no effect as evidenced by operations in SM zones with existing radio
facilities.
The land which radio installation sites are located on would be unavailable for
mineral and aggregate extraction. However, given the small size of radio
communication facilities, there would be little effect on the inventory of mineral
and aggregate resources. Furthermore, by siting radio communication facilities
In areas on SM -zoned properties that are either mined out, slated for mining in
the distant future or not intended for extraction at all, would reduce the amount
of resource affected to almost nothing.
Summary:
Economic The location of television, microwave and radio communication
facilities and transmission towers in the SM zone would not reduce the inventory
of usable material nor affect their extraction and processing. Therefore, the
price of these materials would not be increased by radio communication facilities
and no negative economic consequences would result.
Social: The noise and dust associated with mineral and aggregate extraction
and processing activities may be upsetting to nearby residents. Television,
microwave and radio communication facilities and transmission towers are
passive uses and would not add to the noise or dust that may be generated by
mining. Therefore, no additional social impacts would be experienced by the
neighbors of SM zones.
Environmental: Television, microwave and radio communication facilities and
transmission towers produce no airborne emissions, odor, vibration, heat, glare,
radioactive wastes, or noxious and toxic materials. Therefore, radio
communication facilities will not create any environmental problems for mineral
and aggregate extraction and processing activities.
Enemy : When located out of the way of extraction and processing areas,
television, microwave and radio communication facilities and transmission
towers would not alter existing operating procedures. As a result, no increase in
EXHIBIT 19
Page
Deschutes County Zoning Ordinance
Text Amendment
Page 5
0147-0656
fuel consumption by quant' equipment would be caused by radio communication
facilities.
B. ESEE Impacts on Television, Microwave and Radio Communication
Facilities and Transmission Towers:
Mineral and aggregate extraction activities include blasting, crushing, hauling
and earthmoving. However, the noise, dust and vibration created by these
activities would not adversely effect television, microwave and radio
communication facilities and transmission towers. The equipment shelters are
sealed and/or climate -controlled to prevent air contaminants from entering. The
electronic equipment housed inside is not affected by vibration. The tower and
antennas are designed to survive 80+ mph winds and therefore are more than
sturdy enough to withstand any vibration caused by heavy equipment. Dust is
unlikely to accumulate on the antennas because they will be located 100+ feet
above ground. If significant dust does accumulate on the antennas, it can be
easily cleaned off during routine maintenance.
The ESEE consequences of not allowing television, microwave and radio
communication facilities and transmission towers in the SM zone could be
substantial. Radio communication facilities are highly location dependent.
Criteria for selecting a site include: limitations imposed by surrounding
topography, the intended service area of the facility, and the proximity to
existing other radio communication facilities. Other selection factors include
suitable access, availability of electrical service, and a willing property lessor.
Summary:
Economic: Not allowing television, microwave and radio communication
facilities and transmission towers in the SM zone means some optimum
geographic locations can not be used. Less suitable aftemative sites, which
would be more costly to develop, must then be selected. Therefore, the cost of
radio communication facilities would be higher.
Social: Television, microwave and radio communication facilities and
transmission towers serve private businesses and individuals, government and
the general public. Using less suitable sites would limit the ability of these
groups to communicate. This would be particularly critical for emergency
service providers.
Environmental. the noise, dust and vibration created by extraction and
processing activities would not adversely effect television, microwave and radio
communication facilities and transmission towers. Therefore, no negative
environmental impacts are anticipated.
Enemy : Television, microwave and radio communication facilities and
transmission towers serve private businesses and individuals, government and
the general public. Using less suitable sites would limit the ability of these
groups to communicate and may require extra vehicle trips and travel time. This
would result in an increase in energy consumption.
EXHIBIT
P49 .�
Deschutes County Zoning Ordinance
Text Amendment OM/ M�
Page 6
3. Develop Prooram to Achieve the Goal: As provided by OAR 660-16-010(3), a
jurisdiction may chose to allow a conflicting use as long as the inventoried resource is
protected to the desired extent.
The only potential conflict of allowing radio communication facilities in the SM zone is
that the land the sites may be located on would be unavailable for mineral and aggregate
extraction. However, given the small size of radio communication facilities, there would
be little effect on the inventory of mineral and aggregate resources. Furthermore, by
siting radio communication facilities in areas on SM -zoned properties that are either
mined out, slated for mining in the distant future or not intended for extraction at all,
would reduce the amount of resource affected to almost nothing.
The appropriate location of radio Communication facilities in the SM zone would be
evaluated as part of the Site Plan Review process required by Chapter 18.124 of the
Zoning Ordinance.
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