Loading...
2013-1154-Minutes for Meeting August 06,2013 Recorded 9/6/2013COUNTY OFFICIAL NANCYUBLANKENSHIP, COUNTY CLERKOS COMMISSIONERS' JOURNAL 09/06/2013 08;38;33 AM 111[11 IIIIIII IIIII IIII III 1 4 Do not remove this page from original document. Deschutes County Clerk Certificate Page Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF PUBLIC MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS TUESDAY, AUGUST 6, 2013 Alfalfa Community Hall, Alfalfa, OR The purpose of the meeting was to conduct a public hearing on the formation of the Alfalfa Fire Protection District. Also deliberations and a decision on an appeal of the Hearings Officer's denial of a conditional use permit application for a 100 foot high telecommunications facility, and associated ground equipment on a five-acre lot in the Rural Residential (RR-10) zone, in the Alfalfa area. Present were Commissioners Alan Unger, Tammy Baney and Anthony DeBone. Also present were Tom Anderson, County Administrator; Nick Lelack and Paul Blikstad, Community Development; Laurie Craghead, County Counsel; and thirteen other citizens. Chair Unger opened the meeting at 6:15 p.m. Chair Unger said the first item to be discussed were deliberations and a possible decision on the appeal of the Hearings Officer's denial of a conditional use permit application for a telecommunications facility in the Alfalfa area. Paul Blikstad gave a brief overview of the item. He said the Hearings Officer relied on two criteria for the denial (a copy of which is attached for reference). Minutes: Public Hearing - Formation of Alfalfa Fire Protection District; and Deliberations on Alfalfa Telecommunications Facility Appeal Thursday, June 13, 2013 Page 1 of 6 The Hearings Officer felt a larger search ring should have been considered, including public lands with no development. Staff agreed. The applicant said that obtaining a location on the DSL land could not be done, but it is felt that there were several locations where it is possible that should have been investigated, but were not. "In all cases", the applicant was to site the facility in a manner minimizing the impact on views, and no towers were to be sited in locations where there is no screening available. The applicant stated there were two sites studied but one was not submitted as part of the application; these are referred to as Alternative Site A and Alternative Site B. Staff and Counsel agreed that if another site is to be considered, that is a modification of the application, and a new application may be appropriate. Laurie Craghead said that if Alternative Site B is better or less intrusive than Site A, a new application has to be submitted, since Site B information was not submitted previously. She reminded the Board that there only has to be one reason to deny an application under Oregon land use law; but there is also federal law to be considered. Under federal law, the Board has to show it is not prohibiting all cell towers, and is not discriminating against one company. Mr. Blikstad stated that if the Board can't approve this appeal, the applicant asked that the Board further state that it is not possible to allow this use on RR-10 land. This will make it easier for them to try to site the tower on EFU land. Chair Unger asked for comments from the Commissioners. He stated that he believes the search ring excluding EFU land was not as desired. It should be a circle and not another shape, and should have included EFU land. He feels that they need to be on non-resource land before being on resource land. Rural residential has a use that without water is marginal for farming. He prefers that towers be set on EFU or public land away from residential areas. This is not the only location in the County where this has been an issue; this use is not compatible. Minutes: Public Hearing - Formation of Alfalfa Fire Protection District; and Deliberations on Alfalfa Telecommunications Facility Appeal Thursday, June 13, 2013 Page 2 of 6 He noted that one reason people choose to live here is because of the views and vistas. He feels this fact should be considered today. There are alternative sites that could be taken into account. If land is 30 feet higher, perhaps the tower could be shorter and they could consider a tower with fewer siting issues. There are probably less intrusive sites available in this area. He feels this appeal should be denied. Commissioner DeBone said Code supports the concept of a larger search ring. He backs the idea of putting it on DSL or EFU land if appropriate. There may still be a future fight for the applicant. Commissioner Baney feels that there was not enough information in the record to decide if there is a good reason to note that the DSL property meets the burden of truth. She does not know if she would agree that it would be appropriate since there was not enough information in the record for them to make this specific decision. She does not want to open up EFU land because this decision could have long- range impacts on the entire area. She thinks they made a good faith effort to co- locate but not in their search for RR-10 sites. They made an offer to place vegetation and sprinklers, but there is no practical way for them to screen in this area or to maintain the vegetation. On this basis, she feels the application should be denied. Ms. Craghead said Commissioner Unger thinks the DSL land would be more appropriate and could bear a shorter tower. If this is not good enough, better screening might be appropriate. The applicant admitted that Site A was not the best site, and that Site B was better. Commissioner Baney stated that she believes because of the proximity of homesites, the DSL land should have been considered. It is a legal finding and has nothing to do with it probably being a longer or more difficult process for the applicant, or that DSL might want to sell the property at some point. Minutes: Public Hearing - Formation of Alfalfa Fire Protection District; and Deliberations on Alfalfa Telecommunications Facility Appeal Thursday, June 13, 2013 Page 3 of 6 Ms. Craghead said the applicant felt the DSL land process was too speculative and thought it may be sold at some point, and the residents still might not agree to this site. They also felt it might be harder to go through the State process. The DSL process would have been a different application, so it would not be unreasonable to ask this. There is no idea how long it might take. Commissioner Baney asked if the Department of State Lands would have to respond quickly to an application. Ms. Craghead stated that eventually there would have to be a joint County application for land use. However, this is a different site and different process. The Board reached consensus based on the three main points: the search ring was not adequate; the applicant should have included EFU land; and the applicant should have included Site B and the DSL sites. The radio frequency engineer had said that any of the alternative sites would work. Chair Unger closed deliberations. Ms. Craghead said she will come back before August 27 with a written decision for the Board to consider. She added that there should be no ex parte discussions on the part of the Board since the decision on the cell tower has not yet been written and signed. Public Hearing on the Formation of the Alfalfa Fire Protection District. Chair Unger opened the public hearing. Ms. Craghead said this is the second and final hearing on the formation of the Alfalfa Fire Protection District. If the Board supports this, they would then sign Order 201.3-029, which approves the formation, name and permanent tax rate, the ballot measure and explanatory statement requiring Chair signature. This also requires proper notice in the paper. The title on Exhibit D as submitted for the agenda was incorrect, so this will be corrected. She also did not have this shown as a public hearing on the agenda request form, but it was properly noticed as such. There is an affidavit of publication of the notice in the newspaper, and postings at various locations. This process is somewhat tedious, but is required by statute. Minutes: Public Hearing - Formation of Alfalfa Fire Protection District; and Deliberations on Alfalfa Telecommunications Facility Appeal Thursday, June 13, 2013 Page 4 of 6 The Clerk will get the required documents tomorrow and this will go on the next ballot. The Department of Revenue has reviewed it as well. Someone can challenge only the language, not the placement of the ballot for election. The citizens can form a political action group for the purpose of fundraising, etc. This hearing can allow for adding or withdrawing territory, but it is a definite boundary and those who wanted to be included were. She is impressed by the work that was done by the citizens there. Commissioner Baney asked if Crook County needs to take any action since some of the properties are in Crook County. Ms. Craghead stated that once it has been submitted to the Deschutes County Clerk, she forwards the information to Crook County, and it is put on their ballot as well. The permanent tax rate could also be adjusted if felt necessary, although a maximum tax rate has been determined by the citizens. Chair Unger said he believes the Board is supportive. Citizen Anthony Vigil testified that he witnessed a fire in the area, which could have been much worse than it was. A barn and propane tanks went up. There has been more than one fire scare since he moved there in 1991. He supports the District formation. No other testimony was offered, so Chair Unger closed the hearing. Commissioner DeBone applauded the initiative of the local citizens. This is how government should work. It is set at $1.75 permanent maximum rate per thousand. Commissioner Baney added that this discussion has gone on for many years, with a lot of starts and stops. Some don't want to be taxed but others want the service. The citizens found the sweet spot with the right balance, not doing too much at one time and adequately answering the community's questions. It is the citizens' success story, and the Board won't stand in the way. Chair Unger said this shows the community coming together to deal with a mutual problem. He supports their path moving forward as well. Minutes: Public Hearing - Formation of Alfalfa Fire Protection District; and Deliberations on Alfalfa Telecommunications Facility Appeal Thursday, June 13, 2013 Page 5 of 6 BANEY: Move approval of Order No. 2013-029, subject to the correction within Exhibit D. DEBONE: Second. VOTE: BANEY: Yes. DEBONE: Yes. LINGER: Chair votes yes. Being no further business to address, the meeting adjourned at 6:45 p.m. DATED this lR Day of 2013 for the Deschutes County Board of Commissioners. Q4.1- 6L,411- ATTEST: Recording Secretary Alan Unger, Chair Tammy Baney, Vice Chair Anthony DeBone, Commissioner Minutes: Public Hearing - Formation of Alfalfa Fire Protection District; and Deliberations on Alfalfa Telecommunications Facility Appeal Thursday, June 13, 2013 Page 6 of 6 18.128.340(6)(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. 18.128.340(6)(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. U~J-r~s c4` w BOARD OF COMMISSIONERS' MEETING o ~ RE UEST TO SPEAK Agenda Item: Formation of Alfalfa Fire Protection District Date: Name 4bL1 &1A,) h`41,C f- 6- 13 Address f dr Phone #s _ ij q l- o e~ - Zz E-mail address td ^J y C w 1,4 U j @_,A 6J, 6 _ 16 In Favor n Neutral Undecided ❑ Opposed Submitting written documents as part of testimony? [;;;l Yes F-] No If so, please give a copy to the Recording Secretary for the, record.