2014-502-Ordinance No. 2014-020 Recorded 10/20/2014 COUNTY
NANCY DESCHUTES
CLERKS W 014"502
REVIEED COMMISSIONERS' JOURNAL 10/20/2014 03;49;08 PM
JA/ II IIIIIII IIII�IIIIIIIIIIIIII
LEGAL COUNSEL 2 I4-4
For-Zecoramg stamp vmy- —
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code *
18.108.120 to Permit Wireless Telecommunications * ORDINANCE NO. 2014-020
Facilities in the Sunriver Urban Unincorporated
Community Zone, Community General District.
*
WHEREAS, Busch Law Firm for AT&T applied for a text amendment to the Deschutes County Code
("DCC") Chapter 18.108, to allow for wireless telecommunications facilities in the Sunriver Urban
Unincorporated Community Zone, Community General District; and
WHEREAS,the Planning Commission held a public hearing on July 24, 2014, and forward to the Board
of County Commissioners("Board")a recommendation of approval as recommended by staff; and
WHEREAS, after notice was given in accordance with applicable law, a de novo public hearing was
held on September 24, 2014 before the Board of County Commissioners("Board"), and
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 18.108.120, Community General District--CG District is amended
to read as described in Exhibit "A", attached hereto and by this reference incorporated herein, with new
language underlined and language to be deleted in 5tr-i-kethr-eugh.
///
PAGE 1 OF 2-ORDINANCE NO.2014-020
Section 2. FINDINGS. The Board adopts as its findings Exhibit `B", attached and incorporated by
reference herein.
Dated this ft-6 of CO-, ,2014 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
jp? ve4)
TA : • EY, Chair
Cit/�'` 4
ANTHONY DeBONE,Vice Chair
ATTEST: /„ �
r-
Recording Secretary ALAN UNGER, Commissioner
Date of 15' Readin g: t/ of 2014.
�/ day
Date of 2nd Reading: �= day of 0 CAL , 2014..
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Tammy Baney
Anthony DeBone
Alan Unger / —
Effective date: G day of qt,/„” ._ , 201
PAGE 2 OF 2-ORDINANCE NO.2014-020
18.108.120. Community General-CG District.
A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright:
1. School.
2. Utility substation,utility equipment storage and repair yard,and pump station.
3. Golf course.
4. Tennis court.
5. Swimming pool.
6. Park,playground and picnic and barbecue area.
7. Nature center.
8. Putting green.
9. Recreational path.
10. Equestrian facility.
11. Boat dock.
12. Health and fitness facilities.
13. Amphitheater.
14. Observatory.
15. Administrative and office facility associated with a community association or community use.
16. Police facility.
17. Fire station.
18. Public works facility.
19. Community center.
20. Church.
21. Warehouse and storage facilities accessory to and in conjunction with any use permitted outright in
this district.
22. Residential home.
23. Residential facility.
24. A building or buildings each not exceeding 8,000 square feet of floor space which conform with the
height regulations and lot requirements of the CG District and house any combination of:
a. Limited food and beverage service customarily accessory to and in conjunction with any use
permitted outright or conditionally in this district.
b. Retail sales, rental and repair services commonly associated with uses permitted outright or
conditionally in the CG District.
B. Conditional Uses Permitted. The following uses may be permitted subject to DCC 18.128 and a
conditional use permit:
1. Wireless telecommunications facilities, except those facilities meetiug_the Ieqjiiiements of DC
18.116.250(A).
BC.Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally altered
to exceed 30 feet in height.
GD.Lot Requirements. The following lot requirements shall be observed:
1. Lot Area. No requirements.
2. Lot Width. No requirements.
3. Lot Depth. 100 feet.
4. Front Yard. The front yard shall be a minimum of 10 feet.
5. Side Yard. None, except when a side lot line is adjoining a lot in an RS or RM District, and then
the side yard shall be a minimum of 10 feet. The required side yard shall be increased by one-half
foot for each foot by which the building height exceeds 20 feet.
6. Rear Yard. None, except when a rear lot line is adjoining a lot in an RS or RM District, and then
the rear yard shall be a minimum of 10 feet. The required rear yard shall be increased by one-half
foot for each foot by which the building height exceeds 20 feet.
7. Lot Coverage. No requirements.
I (Ord. 2014-020 §I, 2014; Ord.97-078 §2, 1997)
PAGE 1 OF 1 -EXHIBIT"A"TO ORDINANCE 2014-020
FINDINGS OF THE BOARD OF COUNTY COMMISSIONERS
FOR DESCHUTES COUNTY
FILE NUMBER: TA-14-5
APPLICANT: Busch Law Firm, PLLC for AT&T
93 S. Jackson St. #75604
Seattle, WA 98104-2818
REQUEST: An Ordinance Amending Deschutes County Code Section
18.108.120,Allowing Wireless Telecommunications Facilities
as a Use Permitted Conditionally.
STAFF CONTACT: Cynthia Smidt, Associate Planner
HEARING DATE: September 24, 2014
I. APPLICABLE CRITERIA:
Deschutes County Comprehensive Plan
Chapter 4, Urban Growth Management
Section 4.1 Introduction
Section 4.5 Sunriver
Title 22, Deschutes County Development Procedures Ordinance
Chapter 22.12. Legislative Procedures
Section 22.12.010. Hearing Required.
Section 22.12.020. Notice.
Section 22.12.030. Initiation of Legislative Changes.
Section 22.12.040. Hearings Body.
Section 22.12.050. Final Decision.
II. BASIC FINDINGS:
A. PROPOSAL: The Busch Law Firm for AT&T applied for an amendment to the
Deschutes County Code ("DCC") that would permit wireless telecommunications
facilities conditionally in the Sunriver Community General ("SUCG") District of the
Sunriver Urban Unincorporated Community Zone ("UUC"). The text amendment to
DCC 18.108.120, Community General — CG District, consists of adding a new
subsection, subsection (B), for uses permitted conditionally. The SUCG includes a list of
uses permitted outright but does not include any uses permitted conditionally. Adding
wireless telecommunications facilities to the SUCG will provide and enhance the variety
of support services allowed in that zone.
PAGE 1 OF 7—EXHIBIT"B"TO ORDINANCE 2014-020
The Deschutes County Planning Commission held a duly noticed hearing on July 24,
2014. The Planning Commission recommended that the Deschutes County Board of
County Commissioners ("Board") adopt the proposed changes, as recommended by staff
and accepted by the applicant. Staff recommended listing the use of "wireless
telecommunications facilities" with language that is consistent throughout the zoning
ordinance and Sunriver UUC. The Board held a public hearing on September 24, 2014 to
review the proposed and make a final decision.
III. CONCLUSIONARY FINDINGS:
Deschutes County Comprehensive Plan
A. CHAPTER 4. URBAN GROWTH MANAGEMENT
1. Section 4.1 Introduction
Purpose
The Urban Growth Management chapter, in concert with the other chapters of this
Plan, specifies how Deschutes County will work with cities and unincorporated
communities to accommodate growth while preserving rural character and
resource lands.
2. Section 4.5 Sunriver
Existing Land Uses
The predominant land use in Sunriver is residential, the majority of which is
single-family residential development. However, since Sunriver was originally
developed as a planned community, a number of other uses exist, making it
somewhat self-reliant. Uses which support the residential components include a
commercial core which contains a variety of retail businesses developed in a
pedestrian mall setting, as well as a business park. A large component of
development in Sunriver includes resort related amenities such as golf courses, a
lodge, convention facilities and overnight accommodations. A fire station, police
station and public works facility have also been developed to support these uses.
Comprehensive Plan Designations
6. Community District. The Community plan designation includes properties
which are primarily developed with public service uses which support all facets
of the community. Development includes the fire station, elementary school,
community center and corporation/public works facilities. Properties with t/iis
designation are primarily owned and administered by the Sunriver Owners
Association.
PAGE 2 OF 7—EXHIBIT"B"TO ORDINANCE 2014-020
FINDING: The applicant has requested a legislative text amendment that would
permit wireless telecommunications facilities conditionally in the Sunriver
Community General District. The Sunriver UUC has four Community zoning
districts, which include Community General, Community Recreation ("SUCR"),
Community Neighborhood ("SUCN"), and Community Limited ("SUCL"). The
Deschutes County Comprehensive Plan addresses all Community Districts as one
entity that share purpose and policy. The four Sunriver Community Districts provide
public service and support to the Sunriver Resort. These uses include schools, police
and fire stations, nature center, recreation facilities, and public works facilities. The
applicant indicates that wireless telecommunications facilities exhibits similar
characteristics to those uses already permitted in the zone.
3. Section 4.5 Transportation Planning
Future Transportation Needs
The existing privately maintained roads and bicycle/pedestrian paths adequately
serve the travel needs of the residents and visitors of Sunriver. The existing roads
and pathways provide access to all platted and developed areas within the
community. There is no projected need for future roads to serve the anticipated
development, except possibly within the Sunriver Business Park, Currently there is
only one ingress/egress point from South Century Drive to the Business Park.
Future development within the Business Park may warrant an additional entrance
or improvements to the existing entrance.
South Century Drive and Cottonwood Road are both operating at levels within their
vehicular capacity. In the area between the entrance to the Sunriver Village Mall
and the Business Park, the 2009 average daily traffic figures for South Century
Drive were approximately 6,748 trips per day. This figure is below the general
capacity of 9,600 trips per day. Many of the vehicles traveling this roadway are
passing through the community, not necessarily to Sunriver, as this road provides a
direct link from Highway 97 to the surrounding rural subdivisions. Cottonwood
Road, which only extends between Highway 97 and the community boundary, is
not subject to the same volume of pass through traffic that occurs on South
Century Drive. Thus, the traffic figures for this roadway are much lower at
approximately 3,298 trips per day in 2009.
FINDING: According to Senior Transportation Planning, Peter Russell, no public roads
abut the SUCG zone and therefore, there are no County roads directly affected by this
proposal. A text amendment must comply with the Transportation Planning Rule (TPR)
at Oregon Administrative Rule (OAR) 660-012-0060. Mr. Russell indicates that wireless
telecommunications facilities generate almost no traffic once constructed and thus
proposed text amendment will not have a significant effect upon the transportation
system. Therefore, proposed text amendment will not result in greater impact to the
affected roads.
PAGE 3 OF 7—EXHIBIT"B"TO ORDINANCE 2014-020
4. Section 4.5 Sunriver Policies
Community District Policies
Policy 4.5.19 Areas designated community on the comprehensive plan map
shall be designated community general, community recreation, community limited
or community neighborhood district on the zoning map to reflect a development
pattern which is consistent community uses and activities.
Policy 4.5.20 Lands designated community shall be developed with uses which
support all facets of community needs, be they those of year-round residents or
part-time residents and tourists.
Policy 4.5.21 Development shall take into consideration the unique physical
features of the community and be sensitive to the residential development within
which the community areas are interspersed.
FINDING: The proposed text amendment consistent with these policies. The
applicant has requested an amendment to the Deschutes County Code that would
permit wireless telecommunications facilities conditionally in the SUCG zoning
district. As indicated previously, the Sunriver UUC has four Community zoning
districts, which provide public service and support to the Sunriver Resort. The four
Community Districts share the same purpose and policies.
According to the Comprehensive Plan, Sunriver had approximately 475 homes with
permanent residents in 2010 and about 1,500 housing units for short-term rentals.
The Sunriver population fluctuates significantly, with peak tourist months in July and
August, and an estimated population of 8,000 to 12,000, which include tourists and
year-round and part-time residents.
The DCC provides for three tiers of wireless telecommunications facilities (DCC
Section 18.116.250). Tier 1 facilities are permitted outright in most county zones and
include co-locating on existing cell towers or on existing vertical structures (e.g.
power poles, telephone poles, flagpoles, and buildings). Tier 2 facilities are permitted
with site plan review in specific zones such as Rural Service Center, Rural Industrial
and Terrebonne and Tumalo Commercial Districts but not the Sunriver UUC zone.
Tier 1 and Tier 2 facilities have specific requirements that may include pole type
(wood), pole or antenna height, equipment shelter color, and lighting, landscaping,
and fencing. Tier 3 facilities are all other facilities that do not qualify as Tier 1 or
Tier 2 and are subject to the applicable criteria set forth in DCC Chapter 18.128,
Conditional Use. The applicant is requesting Tier 3 facilities be allowed in the SUCG
with a conditional use permit.
Among the 18 zoning districts, only two allow wireless telecommunications facilities,
Sunriver Utility (SUU) District and Sunriver Forest (SUF) District. The SUU-zoned
properties are developed with sewage and water facilities. The SUF-zoned property
provides Sunriver Resort with a sewage effluent storage and disposal area.
PAGE 4 OF 7—EXHIBIT"B"TO ORDINANCE 2014-020
The applicant limited their proposal to one of the four Sunriver Community zoning
districts, the SUCG District. By amending all Sunriver Community zoning districts
to allow wireless telecommunications facilities would not be consistent with the
community uses and activities associated with each zoning district. In the SUCG, as
in the SUCN, the uses permitted outright provide a variety of public service and
support to the Sunriver Resort and include the fire station, community center, church,
public works facility, and nature center. However, the SUCR limits the permitted
uses to those that are specific to the recreational needs of the community, such as
park, swimming pool, tennis courts, and ball fields. The SUCL limits uses to open
space, picnic tables, and recreational paths. Therefore, the applicant proposed to
amend the SUCG, which is most appropriate for the surrounding residential
community and, at the same time, the least intrusive. The applicant stated that adding
wireless telecommunications facilities to the SUCG will continue to provide, if not
enhance, the variety of support services allowed in that zone.
The applicant proposed wireless telecommunications facilities to be permitted
conditionally and not a use permitted outright in the SUCG zone. This would allow
the Planning Division to review the proposed development under the standards in the
County zoning ordinance. Moreover, since SUCG-zoned properties are surrounded
primarily by residential development, the Planning Division will provide notice of the
proposal to surrounding property owners. With the addition of wireless
telecommunications facilities as a use permitted conditionally, the service would
engage the community and ultimately provide support to year-round and part-time
residents and tourists in Sunriver.
Title 22, Deschutes County Development Procedures Ordinance
A. CHAPTER 22.12. LEGISLATIVE PROCEDURES
1. Section 22.12.010. Hearing Required,
No legislative change shall be adopted without review by the Planning Commission
and a public hearing before the Board of County Commissioners. Public hearings
before the Planning Commission shall be set at the discretion of the Planning
Director, unless otherwise required by state law.
FINDING: The applicant meets this criterion because the Planning Commission
reviewed the proposed text amendment and a public hearing was held before the Board
on September 24, 2014.
2. Section 22.12.020. Notice.
Notice
A. Published Notice
1. Notice of a legislative change shall be published in a newspaper of general
circulation in the county at least 10 days prior to each public hearing.
PAGE 5 OF 7— EXHIBIT"B"TO ORDINANCE 2014-020
2. The notice shall state the time and place of the hearing and contain a
statement describing the general subject matter of the ordinance under
consideration.
FINDING: The required notices of the September 24, 2014 Board hearing and July 24,
2014 Planning Commission hearing were published in the Bend Bulletin newspaper on
July 6, 2014 and September 2, 2014, respectively, and the notices described the proposal.
Both publication dates are at least 10 days prior to each public hearing.
B. Posted Notice. Notice shall be posted at the discretion of the Planning Director
and where necessary to comply with ORS 203.045.
FINDING: This criterion was met with notice posted on the bulletin board in the lobby of
the Deschutes County Community Development Department, 117 NW Lafayette, Bend.
C. Individual notice. Individual notice to property owners, as defined in DCC
22.08.010(A), shall be provided at the discretion of the Planning Director,
except as required by ORS 215.503.
FINDING: At the discretion of the Planning Director, individual notice was provided to
all property owners within 250 feet of those properties zoned SUCG. In addition, notice
was provided to the several agencies. This criterion has been met.
D. Media notice. Copies of the notice of hearing shall be transmitted to other
newspapers published in Deschutes County.
FINDING: Notice was provided to the County public information official for wider
media distribution. This criterion has been met.
3. Section 22.12.030. Initiation of Legislative Changes.
A legislative change may be initiated by application of individuals upon payment of
required fees as well as by the Board of County Commissioners.
FINDING: The application was initiated by Busch Law Firm, PLCC for AT&T, which
paid the required fee. This criterion was met.
4. Section 22.12.040. Hearings Body.
A. The following shall serve as hearings or review body for legislative changes in
this order:
1. The Planning Commission.
2. The Board of County Commissioners.
FINDING: This criterion was met. A public hearing was held on July 24, 2014, before
the Deschutes County Planning Commission. The Planning Commission recommended
PAGE 6 OF 7- EXHIBIT"B"TO ORDINANCE 2014-020
approval of the text amendment as proposed by staff, and accepted by the applicant. A
public hearing was held on September 24, 2014 before the Board of County
Commissioners.
B. Any legislative change initiated by the Board of County Commissioners shall be
reviewed by the Planning Commission prior to action being taken by the Board
of Commissioners.
FINDING: The proposal was not initiated by the Board. Therefore, this criterion is not
applicable.
5. Section 22.12.050. Final Decision.
All legislative changes shall be adopted by ordinance
FINDING: These findings are attached to an ordinance adopting the text amendment.
Therefore, this criterion has been met.
IV. PROPOSED TEXT AMENDMENT:
The proposed text amendment is detailed in the ordinance exhibit with additional text
identified by underline and deleted text identified by strikethrough. Below are explanations
of the proposed changes.
Title 18—Deschutes County Zoning Ordinance Amendment:
Chapter 18.108. URBAN UNINCORPORATED COMMUNITY ZONE - SUNRIVER
18.108.120. Community General - CG District.
This section applies to the Sunriver Community General District, within the Sunriver UUC.
This amendment will include adding a new subsection (B) to the SUCG zone for conditional
uses permitted and relabeling the subsequent sections. Under the new subsection (B),
"wireless telecommunications facilities" will be the first use listed. The listing wireless
telecommunications facilities include language that is consistent throughout the zoning
ordinance and Sunriver UUC.
V. CONCLUSION:
Based on the information provided herein, The Board of County Commissioners approve of
the proposed text amendment to Deschutes County Code 18.108.120, Community General —
CG District.
PAGE 7 OF 7---EXHIBIT"B"TO ORDINANCE 2014-020