2010-2583-Ordinance No. 2010-016 Recorded 4/29/2010REVIEWED
LEGAL COUNSEL
COUNTY
NANCYUBLANKENSHIP,FCOUNTY CLERKS CJ 1010.1583
COMMISSIONERS' JOURNAL ,
2010 -2583
04/4912010 11;55;14 AM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
18.60.090, to add Wireless Telecommunications * ORDINANCE NO. 2010-016
Facilities as a Conditional Use and Declaring and
Emergency.
WHEREAS, AT&T Mobility proposed a "reasons" exception to Goals 4 and 11 and a Plan Amendment
to Deschutes County Code ("DCC") Chapter 23.120, Goal Exception Statement; and
WHEREAS, an amendment to DCC 18.06.090 is necessary to implement the goal exception adopted in
Ordinance 2010-015; and
WHEREAS, after notice was give in accordance with applicable law, a public hearing was held on
January 5, 2010 before the Deschutes County Hearing Officer and, on February 9, 2010 the Hearings Officer
recommended approval of the goal exception and text amendment; and
WHEREAS, the Board of County Commissioners considered this matter after a duly noticed public
hearing on April 5, 2010 and approved the goal exception and text amendment; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 18.60.090, Oregon Water Wonderland Unit 2 Sewer District Limited
Use Combining Zone is amended to read as described in Exhibit "A", attached and incorporated by reference
herein, with new language underlined and deleted language set forth in stfik~gh.
Section 2. FINDINGS. The Board adopts as its findings in support of this decision, Exhibit "C",
attached to Ordinance 2010-015 and incorporated by reference herein.
PAGE 1 OF 2 - ORDINANCE NO. 2010-016
Section 5. EMERGENCY. This Ordinance being necessary for the public peace, health and safety, an
emergency is declared to exist and this Ordinance takes effect on its passage.
Dated this of 2010 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, C arr
ALAN UNGER, Vice Chair
ATTEST:
Recording Secretary
TAMMY BANEY, Commissioner
Date of 1 S` Reading: U' day of , 2010.
Date of 2"d Reading:/ day of , 2010.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Dennis R. Luke
Alan Unger li
Tammy Baney _
11 -
Effective date: 0~-' day of , 2010.
PAGE 2 OF 2 - ORDINANCE NO. 2010-016
18.60.090. Oregon Water Wonderland Unit 2 Sewer District Limited Use Combining Zone.
A. Uses Permitted Outright. In the Oregon Water Wonderland Unit 2 Sewer District Limited Use
Combining Zone, uses shall be permitted as follows, the following uses and their accessory uses
are allowed outright:
a. Agricultural use as defined in DCC Title 18.
b. Propagation or harvesting of a forest product.
c. Ground application of treated effluent.
B. Uses Permitted Subject to Site Plan Review. In the Oregon Water Wonderland Unit 2 Sewer
District Limited Use Combining Zone, uses shall be permitted as follows, the following uses
and their accessory uses are permitted subject to applicable provisions of DCC 18.116,
Supplementary Provisions, and DCC 18.124, Site Plan Review:
a. Sewage Treatment Facility.
b. Treated Effluent Ponds.
C. Uses Permitted Conditionally. In the Oregon Water Wonderland Unit 2 Sewer District
Limited Use Combining Zone Wireless telecommunications facilities except those facilities
meeting the requirements of DCC 18 116 250(A or (B) and their accessory uses are
permitted conditionally subject to the applicable provisions of DCC 18.128, Conditional
Uses.
ED.Definitions. For the purpose of this section, the use Sewage Treatment Facility includes any
buildings or structures associated with the operations of a sewer treatment plant including, but
not limited to, treatment station or pump station.
DE. Special Conditions. Pursuant to DCC Section 23.120.170, an application for site plan review to
establish a sewage treatment facility must include a conservation easement and a plan of
implementing the conservation easement that provides standards and implementation methods
for managing the conservation easement, along with a recorded road maintenance agreement
between Oregon Water Wonderland Unit 2 Sewer District and the Beaver Special Road
District, with the site plan review application. The road maintenance agreement between the
applicant and the Beaver Special Road District shall include Oregon Water Wonderland Unit 2
Sewer District's pro rata share for the maintenance cost of Foster Road through Section 25.
(Ord. 2010-016, 1§ , 2010; Ord. 2003-012 §1, 2003)
Chapter 18.60 (4/2009)
Page 1 of 1 - Exhibit A to Ordinance 2010-016