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2007-1628-Minutes for Meeting October 17,2007 Recorded 11/9/2007DESCHUTES COUNTY OFFICIAL RECORDS 001.1676 NANCY BLANKENSHIP, COUNTY CLERK COMMISSIONERS' JOURNAL 11/09/2007 02:39;52 PM IIIIIIII IIIIIIIIIIIIIIIIIII I III 2007-1628 Do not remove this page from original document. Deschutes County Clerk Certificate Page If this instrument is being re-recorded, please complete the following statement, in accordance with ORS 205.244: Re-recorded to correct [give reason] previously recorded in Book or as Fee Number and Page , { Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, OCTOBER 17, 2007 Present were Commissioners Michael M. Daly, Dennis R. Luke and Tammy Baney. Also present were Dave Kanner, County Administrator; and David Inbody, Assistant to the County Administrator; and, for a portion of the meeting, Catherine Morrow, Dee Van Donselaar and Kristen Maze, Community Development Department; David Givans, Internal Auditor; Laurie Craghead, Legal Counsel; Larry Blanton, Sheriff; Susan Ross, Property and Facilities; and one other citizen. No representatives of the media were in attendance. Chair Daly opened the meeting at 1: 30 p.m. 1. Approval of EEOP Document. Debbie Legg gave an overview of the document, which is required by the federal government. There is an under-representation of women in some categories- Sheriff's officers, maintenance technicians and some others- according to the population of the County. Commissioner Baney asked if there is a way to know who has applied for positions. Ms. Legg pointed out that there is a section in the application form for this information, but completion of that section is voluntary. She added that there have been no appeals or concerns voiced by minorities or women. Mr. Kanner said that one way to address the situation is to target specific organizations when doing recruitments. LUKE: Move approval. BANEY: Second. VOTE: LUKE: Yes. BANEY: Yes. DALY: Chair votes yes. Minutes of Administrative Work Session Wednesday, October 17, 2007 Page 1 of 8 Pages 2. Discussion of Amateur Radio Facilities Text Amendment. Laurie Craghead said that County Code is currently more restrictive than that of the State. There is no language in federal law regarding the height of the antenna. Therefore, the County has to address the issue on a case-by-case basis. This amendment would establish guidelines for all users. Catherine Morrow stated that there used to be an exemption for this use. When the wireless telecommunications code was adopted, the exemption disappeared. Therefore, it is not clear. There has been a code enforcement complaint and the Planning Commission made a recommendation; the applicant withdrew their application but the issue still needs to be resolved. Ms. Maze distributed a table that explains how the situation could be addressed. The Planning Commission vote was not unanimous. The building permit covers the safety concerns; very little has been brought up about radio waves creating a problem. Most people were concerned about the visual impact. The comprehensive plan does not really address this and, except for the landscape management overlay, there is nothing to reference. Larry Blanton said that they should consider the entire height of the structure, not just the tower itself. There could be antennas attached to the top, bringing the height up even further. Commissioner Daly said that these people are vital to the area if there is an emergency, as other radios may not continue to operate. Commissioner Baney suggested that the choice of doing nothing could be scratched off, in her opinion. Commissioner Daly agreed. Commissioner Luke said that there should be a building permit as the guy wires need to be safe. Ms. Maze added that the State may require specific inspections or licensing as well. Ms. Morrow stated that if they are declared exempt from land use laws, people may or may not obtain a building permit. They are to be inside the setback areas of the owner's property, It was decided that an amendment allowing facilities over 70 feet tall should not be considered. Ms. Maze then explained the streamlined version. This one was preferred by Commissioner Daly. Minutes of Administrative Work Session Wednesday, October 17, 2007 Page 2 of 8 Pages Commissioner Luke stated that this type of communication can be necessary, but feels the height should be restricted to what is actually needed to transmit and receive. It has always been handled on a case-by-case basis, and the idea was to not touch it. He said that he is willing to allow seventy feet outright, with a building permit and adhering to setbacks. If a taller structure is needed, up to 150 feet, they would have to apply for a variance. Ms. Maze said this is what the Planning Commission recommended. Ms. Morrow stated that the streamlined version restricted this in the landscape management zone. Ms. Craghead said that Code needs to comply with what is stated in the comprehensive plan. Ms. Morrow said one main issue is the guy wires that hold up the tower. There is no question about the need, but the landscape management zone does come into play, per Ms. Morrow. Perhaps the choices can be made clearer so that public testimony can focus on several ideas. Ms. Maze added that there could be an exemption for structures over seventy feet. Commissioner Luke said that they have to show a good reason for that. Commissioner Luke stated that if the tower was in a large parcel of land, it would not matter, but if someone wants to put one on a small lot, there are neighbors to consider. Ms. Maze stated that enthusiasts contend that towers spiral down, they do not necessarily fall sideways. Sheriff Blanton said there is ice load and winds to consider, and they need to be engineered for the proposed use. The tower on Awbrey Butte is 100 feet tall and is anchored by concrete in a thirty-foot hole. The Board decided to take testimony on the two options; Commissioner Luke wants to get more information on whether to include the LM zone requirements. Ms. Morrow stated that anything over seventy feet has to be narrowly defined. Ms. Craghead said the State says it has to be the minimum amount needed to accomplish what needs to be done. 3. Discussion of Rencher Subdivision Appeal. Ms. Van Donselaar gave an overview of the tentative plan application. The property is located off NE 5t" Street near Redmond, and was originally part of a Measure 37 claim. The application was for 21 lots but they were limited to 15 by the County. Minutes of Administrative Work Session Wednesday, October 17, 2007 Page 3 of 8 Pages DLCD reviewed the documents and decided that the size of the lots is an issue and they want it limited to eight lots. The original claim did not specifically list waivers for any Goals. The application was denied by the Hearings Officer, and was resubmitted for eight lots. DLCD has not commented on the new application. The Board then agreed to hear the appeal. The property is surrounded by EFU zoning, but is close to Highway 97. ODOT did not testify against this application but 5t" Street will require some upgrades. Commissioner Luke does not like having a public hearing when the findings are already written. Ms. Craghead said that these are the findings the applicant has requested. There has not been much public input or testimony on this particular claim. Ms. Van Donselaar stated that the Fire Department has provided comments and the Road Department may do so at the hearing. DEQ has submitted a comment regarding Amber Lake, which is located some distance from the property. 4. Consideration of Economic Development Grant Request(s). The Shop with a Cop program requested $6,000. The Commissioners granted $2,000 each. Commissioner Baney said she would like to participate in the shopping event. In regard to Central Cascade Lines, Commissioner Luke said that he prefers that staff meet with them to find out pertinent financial information. He is concerned about subsidizing their operations. Commissioner Baney said that they have received a portion of a large grant that will provide some funding. Commissioner Daly stated that the grant request was to repair a transmission and is not for normal operations. They had ridership of over 800 people last month, so obviously the service is needed. 5. Discussion of Jail Architect Recommendations. Susan Ross reported on the progress of the selection process. An RFQ was issued and they only received three proposals back, from Steele/KMD, DLR and Conrad GGL. About 12 scope of work documents were sent out and only three were returned. Minutes of Administrative Work Session Wednesday, October 17, 2007 Page 4 of 8 Pages A team of six was on the review committee. The group recommended Steele/KMD. The State cannot consider price, but the County can ask for a price consideration. In professional services, this is not usually the main consideration. Negotiations on price occur after the selection. If the cost is too high, the County can go to the other companies. The first set of numbers was $2,983,000, about 9.5% of the total construction cost. This has been negotiated down to 8.5% plus some other professional fees. The base cost for construction was $31.4 million. The fixed fee for design services is 8.5%. Mr. Kanner said he expected about 12% to be quoted. Ms. Ross said that standard rates for a project like this plus additional costs related to remodels usually run higher than 8.5%. A contract should be brought before the Board in early November. KMD has been involved in the project in the past. She said that all three were very qualified and are familiar with this type of project. Commissioner Baney asked why pricing was not a primary consideration. Ms. Ross stated that they all had to explain how they came to the price on the rating sheets. Mr. Kanner said that when considering professional services, sometimes the lowest price is not the best way to go. Mr. Kanner stated that the total cost was provided through a professional estimator. Sheriff Blanton stated that the cost thus far is less than estimated. Commissioner Luke explained that the review committee does a very thorough job of interviewing and work down to the correct choice. Commissioner Daly said that URS gave an estimate on the landfill project and it was not close. He does not feel the estimators stand behind their numbers. Commissioner Baney asked if the anticipated costs can be broken down and provided to the Board - not necessarily exact numbers for each item but a ballpark amount for the various items. Mr. Kanner stated that this information was already provided to the Board but he will provide it again. Commissioner Luke said that until the plans are drawn, it is an inexact science. The SDC's and other costs cannot be estimated until plans are available. Sheriff Blanton said the categories are known but some of the costs are not available until the plans are presented to the City. Minutes of Administrative Work Session Wednesday, October 17, 2007 Page 5 of 8 Pages Commissioner Daly voiced concerns. His first question was how the project will be paid for. The economy is not good at this time, and selling enough property may not be viable. He asked why the City of Bend doesn't sell part of the Juniper Ridge to help participate. Mr. Kanner pointed out that the land belongs to all of the taxpayers. Commissioner Daly asked about the funding shortfalls in the other departments, who also serve all the taxpayers. Commissioner Luke said that you need to trade an asset for an asset. Once you sell it, it is gone. Commissioner Daly stated that ODOT now requires cash up front before a parcel can be rezoned. If the jail is designed at a cost of $4 million and no funds are available to build it, will the design have to be redone at some later date. He said that he can't seem to get any answers on how this project will be funded. Mr. Kanner said this has been discussed several times and the Board has indicated the 216 acres in Redmond would be sold for this purpose. It may not cover the entire cost. If it does not, the sale of other lands would be considered. After that, a bond is a possibility. There will be a base price for any property to be sold so that it won't be a fire sale. Commissioner Luke stated that they aren't to that point now. The architect was hired because steps need to be taken to get somewhere. In regard to the landfill, the amount to be bonded was a guess. In the two years after that, the project was held up due to land use appeals and other issues, and the cost of materials and labor escalated so it ended up costing more than originally anticipated. He said that he supports spending the $4 million for the architect at this point so it will be known what the project will cost. Commissioner Daly stated he agrees that a jail is needed, but he is not prepared to vote for anything until he knows more about how the project will be financed. Sheriff Blanton said that the project is still under the number of beds needed in the future. The public will not like it if the jail project does not move forward. Until there is an architect rendition of the remodel, nothing better than a loose estimate can be obtained. Sheriff Blanton stated that he does not support going to the taxpayers and wants all other options investigated first. Basic public safety is the foundation of all of the work the County does. As it is, it will take two years to get the project done. Minutes of Administrative Work Session Wednesday, October 17, 2007 Page 6 of 8 Pages He said he was asked why they are planning for emergencies that may never happen. It is his job and that of the Commissioners to plan for such things and hope that the need is never there. The longer this project languishes, the more expensive it will be. Commissioner Daly reiterated that he feels the City of Bend should participate in funding the project, and that there should be a more exact way to determine the cost of the project and how the funds will be obtained. The guess is a cost of about $42 million. Commissioner Luke stated that there is a year to evaluate the financing part, and all that has to be done is identifying a source to cover the debt service. Mr. Kanner said that he has talked with Roger Lee of EDCO who assures that there are investors and developers who are very interested in the County's property. Commissioner Daly stated that he can't see the value there since the land can't be developed for years. Commissioner Baney said she feels comfortable to go forward with this part of the process. Nothing else can be done until this is happens. 6. Other Items. Before the Board was Consideration of Approval of an Oregon Liquor Control License Application for Tumalo Tavern. LUKE: Move Chair signature. BANEY: Second. VOTE: LUKE: Yes. BANEY: Yes. DALY: Chair votes yes. Commissioner Baney said she had lunch with Dick Tobiason and other veterans. They asked if the Board would do a letter of support for the renaming of Highway 97 and said that David Fairclo should be contacted. The leadership of COVC (Central Oregon Veterans Council) does not want to support this. She asked for a list of the individuals involved. Evidently, the other veterans groups have given support but COVC has not. Minutes of Administrative Work Session Wednesday, October 17, 2007 Page 7 of 8 Pages Commissioner Daly said that ODOT will make the decision, and the State veterans group is not supportive, so this change will probably not happen. Commissioner Luke stated that he won't go around the COVC because they represent all the groups. He would rather see the money go into services for the veterans instead of being spent on signs. Mr. Kanner will contact the COVC to find out their position on this issue. Commissioner Baney said that there are rehabilitation grant dollars available to Neighbor Impact, up to $25,000 through a CDGB process. Commissioner Luke stated that these dollars are typically very limited. Mr. Kanner will investigate the possibility of seeking this funding. Being no further discussion, the meeting adjourned at 4:15 p.m. DATED this 17th Day of October 2007 for the Deschutes County Board of Commissioners. Mic ael M. Daly, C air ennis R. Luke, Vice Chair ATTEST: (4~ 2 Tammy Ba , Com *ssioner 6A~t~l Recording Secretary Minutes of Administrative Work Session Wednesday, October 17, 2007 Page 8 of 8 Pages ❑ A& A Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org WORK SESSION AGENDA - REVISED DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 P.M., WEDNESDAY, OCTOBER 17, 2007 1. Approval of EEOP Document - Debbie Legg 2. Discussion of Amateur Radio Facilities Text Amendment - Kristen Maze 3. Discussion of Rencher Subdivision Appeal - Dee Van Donselaar 4. Consideration of Economic Development Grant Request(s) 5. Discussion of Jail Architect Recommendations - Susan Ross 6. Other Items PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to: ORS 192.660(2) (e), real property negotiations; ORS 192.660(2) (h), pending or threatened litigation; or ORS 192.660(2) (b), personnel issues Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. lfyou have questions regardinga meeting, please call 388-6572. Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY. Please call (541) 388-6571 regarding alternative formats or for further information. Community Development Department Planning Division Building Safety Division Environmental Health Division 117 NW Lafayette Avenue Bend Oregon 97701-1925 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ STAFF REPORT TO: Deschutes County Board of County Commissioners FROM: Kristen Maze, Associate Planner DATE: October 17, 2007 SUBJECT: Work session for Amateur Radio Text Amendment TA-06-10 Purpose The Deschutes County Board of County Commissioners will hold a work session to discuss the Amateur Radio Facilities text amendment that has been withdrawn by the applicant (See CODX Club Withdrawal Letter). Staff would like the Board to consider the proposed text amendment as a County initiated amendment that modifies Deschutes County Code Title 18, Section 18.040.030, Definitions of the Deschutes County Code to include Amateur Radio Facilities and Amateur (Ham) Radio Services and Section 18.120.040, Building Height Exceptions, adding limitations for Amateur Radio Facilities. Background This text amendment application originated as a result of a code enforcement action in which the owner of the Amateur Radio tower was issued a Notice of Violation for exceeding the 30 foot height limitation in the Exclusive Farm Use zone. The Planning Commission held four work sessions and two public hearings on the proposed text amendment (See Attachment 1, PC Minutes). The Planning Commission listened to considerable public testimony both for and against proposed regulations for placement of amateur radio facilities. Following is a summary of the background for the current Deschutes County amateur radio facilities regulations. • In 2000-2001 the County considered adopting regulations for amateur radio antennas. The issue was considered with revisions to regulations of wireless telecommunications facilities. However, no ordinance specifically mentioning amateur radio was adopted, and in the interim, the County has not regulated amateur radio antennas except as a structure over 30 feet. Quality Services Performed with Pride Additionally, specific exemption to height limitations for radio and other similar projections that was in the County Code, Section 18.120.040, was removed at that time (May, 2001). Currently, the Deschutes County Community Development Department applies the general restrictions of building height to the Zoning Code for amateur radio facilities. This would require an amateur radio facility applicant to meet the height exception requirement, generally 30 feet, or fall under the specific Zone Area height requirements However, State law requires the County to not restrict amateur radio facilities 70 feet or lower unless the county can achieve a clearly defined health, safety or aesthetic objective (See ORS 221.295 Page 3). Original Applicant Proposal The proposed text amendment initiated by the Central Oregon DX Club (Club) was based originally on the City of Beaverton's Amateur Radio ordinance. The amendment would; 1. add definitions for "Amateur Radio Facilities" and "Amateur (Ham) Radio Services" to DCC 18.04.030. 2. modify the Building Height Exceptions to allow for all amateur radio facilities in zones other than the Landscape Management Combing zone with a valid building permit if required by the Deschutes County Building Safety Director, including compliance with the Federal Communications Commission (FCC), Federal Aviation Administration (FAA), and Oregon Department of Aviation (ODA), and with proof of a valid FCC Amateur Radio License at the time of building permit application (DCC 18.120.040). Through the Planning Commission work sessions and public hearings the applicant's original proposal was modified with approval by the applicant to the "streamline version", which is Exhibit A, attached and incorporated by reference. Planning Commission Recommendation and Vote The Planning Commission identified aesthetic concerns regarding amateur radio facilities over 75 feet in height. These concerns became evident as a result of opposition to the proposed text amendment and site visits by some Planning Commissioners. The Commissioner's voiced their concerns over the unsightly appearance of the amateur radio facilities next door to other residence and fact that these facilities could interfere with neighbor's views. The Planning Commission voted four to two on the following motion; "Amateur radio facilities greater than 75 feet in height including retractable facilities to less than 75 feet shall be harmonious to the natural environment and existing development, minimize visual impacts and preserve natural features including view and topographical features of the surrounding lands associated with the amateur radio facility and shall include site plan language from DCC 18.128.340 Wireless Telecommunications Facilities". (Attachment 2) This motion also includes aesthetic findings required by State Statute. There was some confusion with the proposed motion regarding the inclusion of retractable amateur radio facilities. The Planning Commission's intent was to exclude amateur radio facilities that can be retracted to less than 75 feet in height from the more restrictive site plan 2 requirements of DCC 18.128.340 Wireless Telecommunications Facilities. The recommended language is intended to address neighborhood meetings, site plan review and acknowledgement by the neighbors adjacent to the amateur radio facilities. Specifically, the Planning Commission recommends that the Board include language that would address amateur radio facilities over 75 feet in height with the incorporation of the Wireless Telecommunications Facilities language in DCC 18.128.340 (A) (1) (3) (d-i) and (B) (3,4,5,10). Analysis The law the County must follow in order to set amateur radio facility standards is established by Oregon Revised Statutes (ORS) 221.295. 221.295 Ordinances regulating placement or height of radio antennas. Notwithstanding ORS chapters 215 and 227, a city or county ordinance based on health, safety or aesthetic considerations that regulate the placement, screening or height of the antennas or antenna support structures of amateur radio operators must reasonably accommodate amateur radio communications and must represent the minimum practicable regulation necessary to accomplish the purpose of the city or county. However, a city or county may not restrict antennas or antenna support structures of amateur radio operators to heights of 70 feet or lower unless the restriction is necessary to achieve a clearly defined health, safety or aesthetic objective of the city or county. [1999 c.507 §1 ] This ORS is based on State and Federal law and case law from other states and federal courts since 1985 which restrict regulation of amateur radio towers and antennas by local government authorities. Any limits or restriction placed on amateur radio facilities lower than 70 feet must be linked to a clearly defined health, safety, or aesthetic objective. Restrictions placed on amateur radio antennas over 70 feet must also be based on health, safety, and aesthetics, reasonably accommodate amateur radio communications and be the minimum practicable regulation to accomplish the purpose of the county. The original proposal as modified in the "streamline version" provides minimum requirements to the amateur radio operator. • The proposal permits outright amateur radio facilities at any height provided the applicant obtains a building permit, an FCC amateur radio license, and satisfies the yard setbacks and design criteria. The Planning Commission's recommendation is more restrictive than State Statute. • This recommendation would add a new Amateur Radio Section 18.124. with additional site plan review criteria for amateur radio facilities over 75 feet in height. It is important that while setting regulations for amateur radio facilities, the Board adhere to the State Statute that clearly maintains that regulation of the placement, screening or height of the antennas or antenna support structures of amateur radio operators must reasonably accommodate amateur radio communications and must represent the minimum practicable regulation to accomplish the County's' purpose. Review Criteria The proposed amendment is a public policy issue. Deschutes County lacks specific criteria in DCC Titles 18, 22, or 23 for reviewing a legislative zoning text amendment. However, the County is required to comply with State and Federal law regarding amateur radio facilities. The County shall justify that the amateur radio facilities and services amendments are consistent with the Statewide Planning Goals, the County's Comprehensive Plan, and State and Federal law. For purposes of this discussion, the proposed amendments would satisfy Statewide Goal 1, Citizen Involvement, and Goal 2 Land Use Planning. • Goal 1 would be satisfied through our County text amendment process that includes a Planning Commission work session, followed by a Planning Commission public hearing, completed with County Board of Commissioners work session and public hearing. • Goal 2 was reviewed by staff for compliance with the proposed text amendments and determined not to be adversely affected. • The other Statewide Goals 3 through 14 were reviewed and determined that they are not applicable to this proposal. The proposed amendment would have no effect on Deschutes County Comprehensive Plan goals and policies because it does not specifically address amateur radio facilities or the preservation of view sheds. State and Federal laws are discussed above which states that any limits or restriction placed on amateur radio facilities must be linked to a clearly defined health, safety, or aesthetic objective Conclusion Hold the work session to: 1. Discuss the proposal and the options for addressing amateur radio facilities 2. Direct Staff to make necessary code changes to the proposed code. 3. Hold a public hearing on November 26, 2007. Attachments: 1. CODX Club Withdrawal Letter 2. Planning Commission Minutes 3. DCC 18.128.340 Wireless Telecommunications Facilities 4. Table (Applicant's Streamline Version Text and Planning Commission Recommendation) 5. Option Table 4 Community Development.. Department Planning Division Building Safety Division Environmental Health Division 117 NW Lafayette Avenue Bend Oregon 97701-.1925 (541)388-6575 FAX (54:1)385-1764 http,//www,co.de.schutes. r.us/cdd NOTICE OF A PROPOSED LAND USE REGULATION PROPOSAL: Amend Deschutes County Code Section 18.04.030, Definitions, and Section 18.120.040, Building Height Exceptions to include Amateur (Ham) Radio Facilities and Services. THIS IS TO NOTIFY YOU THAT DESCHUTES COUNTY HAS PROPOSED A LAND USE REGULATION THAT MAY AFFECT THE PERMISSIBLE USE OF YOUR PROPERTY AND MAY CHANGE THE VALUE OF YOUR PROPERTY. Ballot Measure 56, adopted by Oregon voters on November 3, 1998, requires the above statement be included in this notice. Despite the above cautionary language, not all property owners in Deschutes County will be affected by the proposal in this notice. HEARING DATE: The Deschutes County Board of Commissioners will hold a Public Hearing for file number TA-06-10 on Monday, November 26, 2007, at 5:00 P.M. The hearing will take place in the Deschutes County Service Center, in the Board of Commissioners Hearing Room (first floor) at 1300 NW Wall Street in Bend. Testimony will be heard on the following item: APPLICANT: Deschutes County Community Development Department PROPOSAL: To amend Deschutes County Code Section 18.04.030, Definitions, and Section 18.120.040, Building Height Exceptions. Proposed changes are: 1) Add definitions for Amateur (Ham) Radio Facilities and Services; 2) Permit limited height exemptions for Amateur (Ham) Radio Facilities; and 3) Add design and building permit standards for these facilities. ANY INTERESTED PERSON MAY APPEAR, BE REPRESENTED BY COUNSEL, OR SUBMIT WRITTEN SIGNED TESTIMONY. ALL WRITTEN TESTIMONY MUST BE RECEIVED BY THIS DEPARTMENT PRIOR TO THE HEARING DATE OR BE SUBMITTED AT THE HEARING. Seven (7) days prior to the public hearing, copies of the proposed documents and attachments will be available for inspection at no cost at the Deschutes County Community Development Department at 117 NW Lafayette Avenue. Copies of the documents and attachments can be purchased at the office for twenty-five (25) cents a page Information is available at the Deschutes County web-site www.deschutes.orq/cdd STAFF CONTACT: Kristen Maze with the County Planning Division at (541) 383-6701 or send e-mail to: kristenm(a)co.deschutes.or.us Quality Services Performed with Pride 18.128.340. Wireless Telecommunications Facilities. An application for a conditional use permit for a wireless telecommunications facility or its equivalent in the EFU, Forest, or Surface Mining Zones shall comply with the applicable standards, setbacks and criteria of the base zone and any combining zone and the following requirements. Site plan review under DCC 18.124 including site plan review for a use that would otherwise require site plan review under DCC 18.84 shall not be required. A. Application Requirements. An application for a wireless telecommunications facility shall comply with the following meeting, notice, and submittal requirements: 1. Neighborhood Meeting. Prior to scheduling a pre-application conference with Planning Division staff, the applicant shall provide notice of and hold a meeting with interested owners of property nearby to a potential facility location. Notice shall be in writing and shall be mailed no less than 10 days prior to the date set for the meeting to owners of record of property within: a. One thousand three hundred twenty feet for a tower or monopole no greater than 100 feet in height, and b. Two thousand feet for a tower or monopole at least 100 feet and no higher than 150 feet in height. Such notice shall not take the place of notice required by DCC Title 22. 2. Pre-Application Conference. Applicant shall attend a scheduled pre-application conference prior to submission of a land use application. An application for a wireless telecommunications facility permit will not be deemed complete until the applicant has had a pre-application conference with Planning Division staff. 3. Submittal Requirements. An application for a conditional use permit for a wireless telecommunications facility shall include: a. A copy of the blank lease form. b. A copy of the applicant's Federal Communications Commission license. c. A map that shows the applicant's search ring for the proposed site and the properties within the search ring, including locations of existing telecommunications towers or monopoles. d. A copy of the written notice of the required neighborhood meeting and a certificate of mailing showing that the notice was mailed to the list of property owners falling within the notice area designated under DCC 18.128.340(A)(1). e. A written summary of the neighborhood meeting detailing the substance of the meeting, the time, date and location of the meeting and a list of meeting attendees. f. A site plan showing the location of the proposed facility and its components. The site plan shall also identify the location of existing and proposed landscaping, any equipment shelters, utility connections, and any fencing proposed to enclose the facility. g. A copy of the design specifications, including proposed colors, and/or elevation of an antenna array proposed with the facility. h. An elevation drawing of the facility and a photographic simulation of the facility showing how it would fit into the landscape. i. A copy of a letter of determination from the Federal Aviation Administration or the Oregon Department of Transportation - Aeronautics Division as to whether or not aviation lighting would be required for the proposed facility. B. Approval Criteria: An application for a wireless telecommunication facility will be approved upon findings that: 1. The facility will not be located on irrigated land, as defined by DCC 18.04.030. 2. The applicant has considered other sites in its search area that would have less visual impact as viewed from nearby residences than the site proposed and has determined that any less intrusive sites are either unavailable or do not provide the communications coverage necessary. To meet this criterion, the applicant must demonstrate that it has made a good faith effort to co-locate its antennas on existing monopoles in the area to be served. The applicant can demonstrate this by submitting a statement from a qualified engineer that indicates whether the necessary service can or cannot be provided by co-location within the area to be served. 3. The facility is sited using trees, vegetation, and topography to the maximum extent practicable to screen the facility from view of nearby residences. 4. A tower or monopole located in an LM Zone is no taller than 30 feet. Towers or monopoles shall not be sited in locations where there is no vegetative, structural or topographic screening available. 5. In. all cases, the applicant shall site the facility in a manner to minimize its impact on scenic views and shall site the facility using trees, vegetation, and topography in order to screen it to the maximum extent practicable from view from protected roadways. Towers or monopoles shall not be sited in locations where there is no vegetative, structural or topographic screening available. 6. Any tower or monopole is finished with natural wood colors or colors selected from amongst colors approved by Ordinance 97-017. 7. Any required aviation lighting is shielded to the maximum extent allowed by FAA and/or ODOT-Aeronautics regulations. 8. The form of lease for the site does not prevent the possibility of co-location of additional wireless telecommunication facilities at the site. 9. Any tower or monopole shall be designed in a manner that it can carry the antennas of at least one additional wireless carrier. This criterion may be satisfied by submitting the statement of a licensed structural engineer licensed in Oregon that the monopole or tower has been designed with sufficient strength to carry such an additional antenna array and by elevation drawings of the proposed tower or monopole that identifies an area designed to provide the required spacing between antenna arrays of different carriers. 10. Any approval of a wireless telecommunication facility shall include a condition that if the facility is left unused or is abandoned by all wireless providers located on the facility for more than one year the facility shall be removed by the landowner. (Ord. 2000-019 §2, 2000; Ord. 97-063 §2, 1997; Ord. 97-017 §8, 1997) L- 0 U) C Q -6" C E EC) X m a) O tL Q O 0 a -a C: ry L LO O 0 O E 0 7 ca U cu a O ca O 0.- Ems, O a) a) L v_ CCU: O ~ + Q -Cu (u o X ~ N U> a) 0 ) ' C •N O a) 2 w L C O a) O E 0 Q =3 :i U ° O ~p E cn E cn a) L- a) C E CL E (n U (1) -p , a C LL L6 Cn U O U) a O -oQ E c.~ C c 2 rn3 3 c} O VL/~rn 0) >,c V O c a) O ca L • L O O O N . O 0. 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Q C5 u c ELL UOj S N 'a a) - _ m L co d' c0 Q O U cu Of O , N ~ U) N c ca L U) ^J LL r -aO -a E E L O d O r d cu c O (1) _0 cu L' C c co O O - QE"-' _ cn N co O co U CL C E u (D 0 O N 0-C c E N - :L- %U)- >1 O ea . FD U c4 CL U ~ Q O co) 0. C;) CA co 0 -a L N L E cn E co) ~ m 0. Q C E co.. o N m c > rn ~ (D 0-) a) U) d > ca p E c a) - o 4-- 0 D O C " co 0 w O N O C O U N cn a CD or a 0 L mLo E _N C) a- M CO 04 Q 3 c _ Q Fa U- "pLL a U cow coU)N -CU O _ W O -C (D O U) '~,O N _0 CD m cu-a'cn~ o2.Z > a) C Eu C co S E mQ- (D mcn mm u U~~ L OO~ o ~Q a) C~co ~*5 U) c CO) W O M a) U C 'D •=3 ~ n } T U~ L E - cu L VE/ Tr V Q / ~ W Yi cu 1S f UV CU N Q FuLL LL . U cam tnCO L d O d C) fl- O O CCt L N C L C p ~.O.C-0 a) -0 0 ti tM V~.O -0 E Q L5 m O o [L' 3 'O : (D f6 Cn 0a i12 = 0 co E Q U- a) (D r- X L w co 0 0 Q x 3• O Q_cn L a~ E 0 o vl~ L-r-~- 0 0M ON W O ~ _ o -0 . U W 2) co C) Q 0 N 0.2 U-C LLLL M CnN L- Q L co M O t ~ a CO) Co U C!1 l~ 0) cn N -0 E -6 cu co O p A cn O CID ' to 4 ) a- -Fu a- CD Cl) O Z EEco~rn 6 ~QLL -o- 0 OOO OU ~ LO O 5 N N 0 C a) N 0. C M CL cg ccn 0) N cn (D 0 E~~ O ' C O =3 U CU L Q ~ a)~-r- O C) t nQ N' U. 2 cnN O M1 N C + p r O d C > d a> C M M _ L = C. r co cC CD a E 0 v v°¢ co co Attachment 1 CENTRAL OREGON DX CLUB July 10, 2007 Catherine Morrow Director of Planning Community Development Department Deschutes County 117 NW Lafayette Avenue Bend, Oregon 97701 Re: Amateur Radio Text Amendment, TA-06-10 Dear Ms. Morrow: On behalf of the Central Oregon DX Club, the original proponents of TA-06-10, we wish to withdraw our application to amend the Deschutes County Code and end consideration of TA-06- 10.. Based on our understanding of the process, and representations made at a May 2007 Planning Commission meeting by the County's legal representative (Laurie Craighead), we would expect that any regulation of amateur radio towers and antennas would have to begin again at the Planning Commission level, and if instigated by the County or some other party, would require notification to all 700+ licensed amateur radio operators in Deschutes County under the provisions of Measure 56. It is clear to us that there are much better venues to resolve the matter of regulation of amateur radio antennas in this County, in a way that insures that the County applies it's regulation in compliance with the relevant state and federal laws, and, most importantly, all aspects of amateur radio can continue to be practiced here. We, and the American Radio Relay League, will continue to fully support any of our members that become subject to attempts to apply unreasonable and non-accomodative regulation to amateur radio antennas and towers. The leadership of CODXC and our legal representatives are available at any time to fully explain our reasons for withdrawing our Text Amendment to any member of the Board of County Commissioners. Sincerely, RECEIVED JUL 1 0 2007 Richard B. Frey President DELIVERED ICY: 61255 Ferguson Road • Bend, Oregon 97702 • (541) 385-6130 1 ( / 0 / D/'--77 - Economic Development Fund Discretionary Grant Program Organization: Deschutes County Sheriff's Office Project Name: 2007 Shop with a Cop Project Description: Shop with a Cop is a joint venture with local Wal-Mart stores that began in 2000. With the help of local Family Access Network advocates and school personnel, disadvantaged students throughout Deschutes County are identified to participate in a one-on-one Christmas shopping experience with a uniformed police officer. In 2006, approximately $25,100 was raised and 110 students participated. Project Period: December 10, 2007 Amount of Request: $6,000 Previous Grants: • 2006 - $6,000 (Luke $2,000; $4,000 Off the Top) • 2005 - $6,000 (Luke $4,000; Daly $2,000) 9 2004 - $4,000 (Luke $2,000; Daly $1,000; DeWolf $1,000) 0 2003 - $2,000 (Daly $1,000; Luke $1,000) 1J~E5 C w 2~ o { Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org DESCHUTES COUNTY ECONOMIC DEVELOPMENT FUND DISCRETIONARY GRANT PROGRAM APPLICATION Direct Application to: Commissioner Tammy Baney Commissioner Dennis R. Luke Date: Project Name: Project Beginning Date: 12.-O(-07 Project End Date: aZ Z -0'7 Amount of Request: f fog o0o Date Funds Needed: nl- M-10-0-7 b~c6 s C*1--^ a3 (ID0 ZZq Z Applicant/Organization: Tax ID Address: (p 3 33 3 W. 17"~ Zo City & Zip: Elm, q-770 Contact Name(s): CQ' /V4-~ Telephone: 3 8B 66-b,3 Fax: Alternate Phone: Ydo.ecf81 Email: On a separate sheet, please briefly answer the following questions: 1. Describe the applicant organization, including its purpose, leadership structure, and activities. 2. Describe the proposed project or activity. 3. Provide a timeline for completing the proposed project or activity. 4. Explain how the proposed project or activity will impact the community's economic health. 5. Identify the specific communities or groups that will benefit. 6. Itemize anticipated expenditures*. Describe how grant funds will be used and include the source and amounts of matching funds or in-kind contributions, if any. If the grant will support an ongoing activity, explain how it will be funded in the future. Attach: Proof of the applicant organization's non-profit status. * Applicant may be contacted during the review process and asked to provide a complete line item budget. 2-007 Sh*,p W,fh A. a jo Commissioner Michael M. Daly All Three Commissioners I V-- Amount Approved: By: Date: Declined: By: Date: Memo To: Commissioner Mike Daly, Chair Commissioner Dennis Luke Commissioner Tammy Baney From: Cpl. Neil Mackey, Deschutes County Sheriff's Office Date: October 5, 2007 Re: Discretionary Lottery Fund request for 2007 Shop-with-a-Cop program This memo accompanies a Deschutes County Economic Development Fund Discretionary Grant Program Application The Deschutes County Sheriffs Office is already making plans for the 2007 Shop-with-a-Cop program. This year will be the seventh year we've coordinated this program. While the Deschutes County Sheriffs Office is the coordinating agency, this program would not be possible without the assistance of other local law enforcement agencies, the general public and the dedication, cooperation and generosity of local Wal-Mart stores and associates. This year's dates are: • Friday, December 14th, 2007, Bend Wal-Mart (Bend-La Pine students) • Tuesday, December 18th, 2007, new Redmond Wal-Mart (Sisters/Redmond students) • Wednesday, December 19th, 2007 (COPY program and any "extra" kids) Shop-with-a-Cop is a joint venture with local Wal-Mart stores in Bend and Redmond. With the help of local FAN (Family Access Network) advocates and local school personnel, disadvantaged students at each public school throughout Deschutes County are identified. Those students who are selected then participate in a one-on-one shopping experience at a local Wal-Mart with a uniformed police officer. Since its inception in 2000, Shop-with-a-Cop has continued to grow and each year, we've been able to gradually increase the number of participating students. In 2006, we took 110 students shopping. They purchased gifts for approximately 518 family members; including getting something for themselves, 628 people had a little brighter Christmas. We try and make it a practice to "spread the wealth", meaning that we identify new students each year to participate, attempting to limit shoppers from prior years. For the 2006 program, we raised approximately $25,100; $6,000 of that came from a generous donation of discretionary lottery funds by Commissioner Dennis Luke. We hope that we can count on that same level of support towards this year's program, either singularly or collectively from all three Commissioners. Public support from local citizens and businesses provides the bulk of the funding for this program, and any funding from the discretionary grant program is always a good "kick off"for the overall fundraising effort. If you have any questions, or need additional information, please feel free to contact me at 541.383.6503, or by email at neilmadeschutes.org. You can also contact Laura Conard, who replaced me as the Community Policing Coordinator, at 541.383.4431 or by email at lauram(cDdeschutes.org. Thank you so much for your participation and consideration! Cpl. Neil Mackey 0 Page 2