2010-2584-Ordinance No. 2010-015 Recorded 4/29/2010REVIEWED NANCYUBLANKCOUNTY
ENSHIP,F000NTY CLERKS Q 20104584
COMMISSIONERS' JOURNAL 04129/1030 11;55:18 AM
LEGAL COUNSEL II I I I II I I IIII II IIII II I'I I i II III
2010-2584
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Adding Deschutes County Code
23.120.170, to Adopt an Exception to Goal 4 and 11 * ORDINANCE NO. 2010-015
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, after notice was give in accordance with applicable law, a public hearing was held on
January 5, 2010 before the Deschutes County Hearings Officer and, on February 9, 2010 the Hearings Officer
recommended approval of the zone change; and
WHEREAS, after notice was give in accordance with applicable law, a public hearing was held on April
5, 2010 before the Board of County Commissioners ("Board"), and
WHEREAS, the Board, after review conducted in accordance with applicable law, approved the Goal
Exception to Goals 4 and 11; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Section 23.120.170, Oregon Water Wonderland Unit 2 Sewer
District, is amended to read as described in Exhibit "A", with new language underlined and deleted language
set forth in stfikethr-eug , to add Wireless Telecommunications Facilities as a use allowed in the exception area
described in Exhibit "B" with both exhibits attached and incorporated by reference herein."
Section 2. FINDINGS. The Board adopts as its findings in support of this decision Exhibit "C," and
incorporated by reference herein.
Section 3. The Board shall execute an amendment to the conservation easement on the subject property,
recorded in the Deschutes County Clerk's records at Volume 2004, Page 64973, substantially in the form in
Exhibit D, attached and incorporated by reference herein.
Page 1 of 2 - ORDINANCE NO. 2010-015
Section 4. 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
DE IS R. LUKE, Chair
ATTEST:
C t ez'~ W r
ALAN UNGER, Vice Chair
I t~I-Q 6~ - Aj~
i
Recording Secretary TAMMY BANEY, Commissioner
Date of 1 s` Reading: X fday of '2010.
Date of 2"d Reading: t day of 2010.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Dennis R. Luke
Alan Unger
Tammy Baney
Effective date: - day of 2010.
Page 2 of 2 - ORDINANCE NO. 2010-015
23.120.170. Oregon Water Wonderland Unit 2 Sewer District.
In conjunction with the Board's approval of County file nos. PA-02-5/ZC-02-3, as amended by PA-
09-4, a "reasons" exception to Statewide Planning Goals 4, Forest Lands, and 11, Public Facilities
& Services, was taken for certain property. The plan amendment changed the plan designation to
Rural Residential Exception Area and the zone change changed the zoning to Rural Residential with
a Limited Use Combing Zone to allow only the uses approved through the Board's decision on PA-
02-5/ZC-02-3, as amended by PA-09-4- Reasons justifying why the state policies embodied in
Goals 4 and 11 should not apply in this situation are set forth in Exhibit "C" to Ordinance 2003-012,
as amended by Ordinance 2010-015, which findings are incorporated herein by reference.
(Ord. 2010-015 §1 2010; Ord. 2003-015 §1, 2003)
Chapter 23.120 (4/2009)
Page 1 of 1 - Exhibit A to Ordinance 2010-015
Ordinance 2010-015 - Exhibit B
Legal Description of Subject Property
Township Twenty (20) South, Range Ten (10), East of the Willamette Meridian, Deschutes
County, Oregon Section Twenty-Five (25), E'/2 and E'/2WY2.
Page 1 of 1 - Exhibit B to Ordinance 2010-015 (4/2010)
DECISION OF DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS
FILE NUMBER: PA-09-4
APPLICANT:
AT&T Mobility
c/o Joe Riddle
Cascadia PM
5501 N.E. 109th Court, Suite A-2
Vancouver, Washington 98662
PROPERTY OWNER:
Oregon Water Wonderland Unit 2 Sewer District
55841 Swan Road
Bend, Oregon 97701
APPLICANT'S
ATTORNEY:
Myles A. Conway
Schwabe, Williamson & Wyatt
360 S.W. Bond Street, Suite 400
Bend, Oregon 97702
REQUEST: The applicant requests approval of a plan amendment and a
"reasons" goal exception to add wireless telecommunications
facilities to the list of uses permitted in the Oregon Water
Wonderland Unit 2 Sewer District Limited Use Combining Zone.
STAFF REVIEWER: Will Groves, Senior Planner
HEARING DATE: April 5, 2010
RECORD CLOSED: April 5, 2010
1. APPLICABLE STANDARDS AND CRITERIA:
A. Title 18 of the Deschutes County Code, the Deschutes County Zoning Ordinance
1. Chapter 18.04, Title, Purpose and Definitions
* Section 18.04.030, Definitions
2. Chapter 18.60, Rural Residential Zone - RR10
* Section 18.60.090, Oregon Water Wonderland Unit 2 Sewer District
Limited Use Combining Zone
3. Chapter 18.112, Limited Use Combining Zone
* Section 18.112.010, Purpose
* Section 18.112.020, Combining Zone Requirements
4. Chapter 18.136, Amendments
• Section 18.136.020, Rezoning Standards
B. Title 22 of the Deschutes County Code, the Development Procedures Ordinance
1. Chapter 22.24, Land Use Action Hearings
* Section 22.24.140, Continuances and Record Extensions
2. Chapter 22.28, Land Use Action Decisions
• Section 22.28.030, Decision on Plan Amendments and Zone Changes
C. Title 23 of the Deschutes County Code, the Comprehensive Plan
Page 1 of 3 - EXHIBIT "C" TO ORDINANCE 2010-015
1. Chapter 23.08, Introduction
* Section 23.08.010, Introduction
2. Chapter 23.20, Comprehensive Planning Process
* Section 23.20.040, Goals and Policies
3. Chapter 23.24, Rural Development
* Section 23.24.020, Goals
* Section 23.24.030, Policies
4. Chapter 23.44, Regional Problem Solving for South Deschutes County
* Section 23.44.020, Goals
* Section 23.44.030, Strategies
5. Chapter 23.68, Public Facilities and Services
* Section 23.68.020, Policies
6. Chapter 23.92, Forest Lands
* Section 23.92.020, Goal
* Section 23.92.030, Policies
7. Chapter 23.120, Goal Exception Statement
• Section 23.120.170, Oregon Water Wonderland Unit 2 Sewer District
D. Oregon Administrative Rules, Chapter 660, Land Conservation and Development
Commission
1. Division 4, Interpretation of Goal 2 Exception Process
* OAR 660-04-0010, Application of the Goal 2 Exception Process to Certain
Goals
* OAR 660-04-0018, Planning and Zoning for Exception Areas
* OAR 660-04-0020, Goal 2, Part II(c) Exception Requirements
* OAR 660-04-022, Reasons Necessary to Justify an Exception Under Goal
2, Part II(c)
2. Division 11, Public Facilities and Services
* OAR-660-011-0005, Definitions
3. Division 12, Transportation Planning
* Section 66-012-0060, Plan and Land Use Regulation Amendments
4. Division 15, Statewide Land Use Planning Goals and Guidelines
* OAR 660-015-000, Statewide Planning Goals and Guidelines No. 1
Through No. 14
* OAR 660-015-005, Statewide Planning Goal and Guideline No. 15
OAR 660-015-010, Statewide Planning Goals and Guidelines No. 16
Through No. 19
II. FINDINGS OF FACT:
The Board of County Commissioners ("Board") adopts and incorporates herein by reference the
findings of fact proposed by the Hearings Officer in the February 9, 2010, decision, as revised
and supplemented herein.
A. Procedural History: On February 9, 2010, the Hearings Officer issued a decision
approving the subject application. Section 22.28.030(C) requires: "[Z]one changes
concerning lands designated for forest or agricultural use shall be heard de novo before
the Board of County Commissioners without the necessity of filing an appeal, regardless
of the determination of the Hearings Officer[.]" Pursuant to that section, the Board held a
de novo public hearing on the subject application on April 5, 2010.
Page 2 of 3 - EXHIBIT "C" TO ORDINANCE 2010-015
The entire record of the proceeding to date was placed before the Board at the public
hearing, and the Board closed the record at the conclusion of the hearing. At the
hearing, the Board deliberated and voted to approve the subject application and to adopt
the Hearings Officer's findings and conclusions, as revised and supplemented herein.
B. Public Notice and Comments: The Planning Division mailed individual written notice of
the public hearing before the Board to the owners of record of all property located within
750 feet of the subject property. In addition, notice of the public hearing was published
in the "Bend Bulletin" newspaper. No public comment was received in writing. One
member of the public spoke at the public hearing on the subject application on April 5,
2010.
The Board concurs with Hearings Officer's conclusion, as revised and supplemented
herein.
III. CONCLUSIONS OF LAW:
A. Adoption of Hearings Officer's Conclusions of Law
FINDINGS: The Board adopts and incorporates herein by reference the conclusions of law
proposed by the Hearings Officer in the February 9, 2010, decision, as revised and
supplemented herein.
IV. DECISION:
Based on the foregoing Findings of Fact and Conclusions of Law, the Hearings Officer hereby
APPROVES the applicant's proposed plan amendment, zone change and "reasons" exception
to Goals 4 and 11, subject to the conditions of approval included in the February 9, 2010
Hearings Officer's decision.
Page 3 of 3 - EXHIBIT "C" TO ORDINANCE 2010-015
REVIEWED
LEGAL COUNSEL
AMENDEDMENT TO CONSERVATION EASEMENT
This Amendment to Conservation Easement is made this day of , 2010, by
and between Oregon Water Wonderland Unit II Sewer District (hereafter "Grantor") and
DESCHUTES COUNTY, a political subdivision of the State of Oregon (hereafter "Grantee").
RECITALS
A. Grantor is the fee simple owner of the approximately 480 acres of real property in
Deschutes County, Oregon that is legally described in Exhibit A attached hereto (hereafter the
"Property"). Grantor previously applied for and received a land use permit on the Property that
required, as a condition of approval, that Grantor provide Grantee with a conservation easement.
The parties entered a Conservation Easement on October 4, 2004, that is recorded in volume
2004, page 64973 of the Deschutes County real property records (hereafter the "Conservation
Easement").
B. Land uses on the Property are governed by the Conservation Easement and the
Oregon Water Wonderland Limited Use Combining Zone (Deschutes County Code Section
18.60.090). In 2010, the Grantor applied to modify the text of DCC Section 18.60.090 to allow
"wireless telecommunication facilities" as a use that is permitted conditionally in the limited use
combining zone. The Board of County Commissioners authorized this change and adopted
Ordinance 2010-016. The parties now wish to amend the Conservation Easement to reference
the changes to DCC 18.60.090 that have been authorized in Deschutes County Ordinance 2010-
016.
NOW THEREFORE, the parties agree to amend the Conservation Easement as follows:
Agreement.
The Recitals set forth above are hereby incorporated as material terms of this
PAGE 1 OF 2 - DOCUMENT No. 2010-279 - Exhibit D - ORDINANCE No. 2010-015
2. Section 2 of the Conservation Easement is hereby amended to authorize the siting,
development, construction, operation, maintenance and replacement of "wireless
telecommunications facilities" on the Property subject to the requirements of DCC 18.60.090 (as
amended by Ordinance 2010-016) and DCC 18.128. Except as specifically modified herein, all
other terms and conditions of the Conservation Easement shall remain the same.
Dated this of , 2010 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, Chair
ALAN UNGER, Vice Chair
ATTEST:
Recording Secretary
TAMMY BANEY, Commissioner
Dated this day of , 2010
OREGON WATER WONDERLAND
SEWER DISTRICT II
BY
ITS
PAGE 2 OF 2 - DOCUMENT No. 2010-279 - Exhibit D - ORDINANCE No. 2010-015