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HomeMy WebLinkAboutOrdnc 020 - Sunriver Facilities Zone ChgDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of September 24, 2014 Please see directions for completing this document on the next page. DATE: September 16, 2014 FROM: Cynthia Smidt Community Development Department TITLE OF AGENDA ITEM: A de novo public hearing on and consideration of First Reading by Title Only of: 317-3150 Ordinance 2014-020 Amending Deschutes County Code Title 18, 18.108.120 to Permit Wireless Telecommunications Facilities in the Sunriver Urban Unincorporated Community Zone, Community General District. PUBLIC HEARING ON THIS DATE? Yes BACKGROUND AND POLICY IMPLICATIONS: The Busch Law Firm for AT&T proposed to amend the Deschutes County Zoning Ordinance, Title 18, to allow wireless telecommunications facilities in the Sunriver Community General District (SUCG) of the Sunriver Urban Unincorporated Community Zone. The amendment would allow for wireless telecommunications facilities to be permitted conditionally, subject to conditional use permit. The Planning Commission held a public hearing on July 24, 2014 and ecommended appoval as proposed by staff, and accepted by the applicant. Under DCC 22.12.010, a text amendment shall be heard de novo before the Board. Since the text amendment is a legislative matter, the proposal is not subject to the 150 -day period for issuance of a final local land use decision under ORS 215.427. Should the Board approve the ordinances, staff recommends that the Board approve the first reading by title only of the ordinance. Second reading will be no earlier than 13 days later with the effective date 90 days after that. FISCAL IMPLICATIONS: None RECOMMENDATION & ACTION REQUESTED: Staff recommends that the Board open the public hearing, receive testimony, discuss, and approve the text amendment. If ordinances approved, MOTION 1: Move first reading by title only of Ordinance 2014-020 ATTENDANCE: Cynthia Smidt DISTRIBUTION OF DOCUMENTS: No distribution until after 2nd reading. Community Development Department Planning Division Building Safety Division Environmental Soils Division P.0. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 (541)388-6575 FAX (541)385-1764 http://www.co,deschutes.or.us/cdd/ MEMORANDUM TO: Deschutes Board of County Commissioners FROM: Cynthia Smidt, Associate Planner DATE: September 16, 2014 RE: TA -14-5, Wireless Telecommunications Facility in the Sunriver Community General District, Text Amendment Public Hearing SUMMARY The Deschutes County Board of Commissioners (Board) will hold a public hearing on September 24, 2014 at the Deschutes Services Center, starting at 10:00 a.m. A work session was held on September 10, 2014 to present the proposed text amendment and answer the Board's questions. The Board will consider text amendment (TA) -14-5, proposed by Busch Law Firm, PLLC, for AT&T. The purpose of this de novo public hearing is to receive public testimony, consider the proposed amendment, and ultimately make a decision. The Busch Law Firm for AT&T has proposed the 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). Currently, there are no uses permitted conditionally in the SUCG and, therefore, this amendment would add a new subsection to the SUCG zone. 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. The proposal was reviewed by the Deschutes County Planning Commission at a public hearing on July 24, 2014. The Planning Commission recommended appoval as proposed by staff, and accepted by the applicant. PROPOSED TEXT AMENDMENT The proposed text amendment to DCC 18.108.120, Community General — CG District, would consist 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. Quality Services Performed with Pride The amendment is contained in the submitted application materials (attached). The Planning Commission recommended approval of the amendment as proposed by staff, which includes using the listing for wireless telecommunications facilities that is consistent throughout the zoning ordinance and the Sunriver UUC, as shown below. The applicant agreed with the staff recommendation. 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 meeting the requirements of DCC 18.116.250(A). DISCUSSION The Sunriver Resort includes a mixture of residential, commercial, industrial, and community related uses within its boundaries. The SUCG is one (1) of 18 zoning districts included in the Sunriver UUC, and one of four Community Districts in the UUC. Sunriver Community zoning districts are primarily for public service uses that support all aspects of the Sunriver community, as noted in the Comprehensive Plan. The following three policies are related to the Community Districts. ■ 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. [sic] • 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. ■ 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. 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. File No.: TA -14-5 Page 2 of 5 The applicant is limiting their proposed amendment to one of the four Sunriver Community zoning districts, the SUCG District. 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 proposes to amend the SUCG, which is most appropriate for the surrounding residential community and, at the same time, be the least intrusive. Applicant states 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 proposes that wireless telecommunications facilities be permitted conditionally and not as an outright use 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. Therefore, the applicant believes that 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. REVIEW CRITERIA The proposed amendment revises the Deschutes County Code, Title 18, to allow wireless telecommunications facilities as a use permitted conditionally in the SUCG District. Deschutes County lacks specific criteria in DCC Titles 18, 22, or 23 for reviewing a legislative zoning text amendment. Therefore, the County must determine that the proposed Title 18 text amendment is consistent with state statute, the Statewide Planning Goals, and the County's Comprehensive Plan. The parameters for evaluating this text amendment are based on whether there are adequate factual findings that demonstrate this consistency. STATEWIDE PLANNING GOALS The proposed amendment would revise DCC, Title 18, to permit wireless telecommunication facilities as a use permitted conditionally in the SUCG District. The following findings demonstrate that the proposed amendment satisfies the applicable statewide planning goals and state law. ■ Goal 1, Citizen Involvement, will be satisfied through our County text amendment process that includes a work session and public hearing with the County Planning Commission and completed with a work session and public hearing with the County Board of Commissioners. ■ Goal 2, Land Use Planning, was reviewed by staff for compliance. Staff determined the proposed amendment satisfies the intent of the goal to assure an adequate factual base in accordance with the County's Comprehensive Plan Urban Growth Management Chapter. File No.: TA -14-5 Page 3 of 5 ■ Goal 3 and 4, Agricultural and Forest Lands, is not applicable because the amendment does not involve farm or forest lands. ■ Goal 5, Natural Resources, Scenic and Historic Areas, and Open Spaces, is met through existing County policy and regulations. ■ Goal 6, Air, Water and Land Resources Quality, is not applicable because the amendment to DCC Chapter 18.108 will allow wireless telecommunications facilities as a use in an urban unincorporated community and not affect air, water, and land resource quality already allocated for use of community support services. ■ Goal 7 and 8, Natural Hazards and Recreational Needs, are satisfied through existing County policy and regulations. ■ Goal 9 and 10, Economic Development and Housing, are satisfied through existing County policy and regulations. ■ Goal 11, Public Facilities and Services, is satisfied through existing County policy and regulations. Providing additional services through wireless communications is furthered with the proposed amendment to the SUCG District. ■ Goal 12, Transportation, provides and encourages a safe, convenient, and economic system of moving people and goods. Staff believes that the proposed text amendment will not result in greater impact to the affected roads. Goal 13, Energy Conservation, is satisfied through existing County policy and regulations. ■ Goal 14, Urbanization, is not applicable. Amending DCC Chapter 18.108 to allow wireless telecommunications facilities use in the Sunriver UUC would not adversely affect agricultural and forest operations in the surrounding area. Furthermore, the proposed amendment would not interfere with the efficient functioning of the closest urban growth boundaries associated with the cities of Bend and La Pine. In addition, staff reviewed Oregon Administrative Rule for unincorporated communities, OAR 660, Division 22. Staff determined the proposed amendment to allow wireless telecommunications facility in the Sunriver Community General District will coincide with the requirement to provide for the long-term needs of the variety of land uses within the UUC. Furthermore, the proposed land use is intended to serve the community and surrounding rural area. The proposed amendment limits wireless telecommunications facilities to the SUCG in order to be the least intrusive but at the same time provide for the needs of the surrounding community. This amendment does not propose enlargement of the UUC boundary. As indicated above, the proposal would not adversely affect agricultural and forest uses. Transportation planning related to the amendment is addressed above under Goal 12. ■ Goals 15 through 19, Willamette River Greenway, Estuarine Resources, Coastal Shorelands, Beaches and Dunes, and Ocean Resources, were reviewed and found not applicable to this proposal. File No.: TA -14-5 Page 4 of 5 ORDINANCE NOS. 2014-022 The proposal is embodied in one draft ordinance, Ordinance No. 2014-020. Ordinance 2014- 020 contains amendments to DCC Section 18.108.120, Community General — CG District, which would consist of adding a new subsection, subsection (B). Staff recommends following language that will be consistent with the Sunriver UUC zoning chapter of the County Code. 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 meeting the requirements of DCC 18.116.250(A). STAFF RECOMMENDATION / SUGGESTED MOTION: Staff recommends the Board open the public hearing, receive testimony, discuss, and approve the text amendment. ATTACHMENTS: 1. Applicant's Text Amendment Application 2. Submitted Comments 3. Ordinance 2014-020 draft 4. Staff PowerPoint Presentation File No.: TA -14-5 Page 5 of 5 al i MAY 1 G 2014 V dE.�'iEgD pBY Ls -�� `7 6.��Se B.J� N ! e Community Development -..Department Planning Division Building Safety Division Environmental Soils Division P.O_ Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ PLAN/ZONE/TEXT AMENDMENT ZONE MAP AMENDMENT: FEE: PLAN MAP AMENDMENT: FEE: TEXT AMENDMENT:_X FEE: $5,000 Applicant's Name (print): Busch Law Firm, PLLC for AT&T Mailing Address: 93 S. Jackson St. #75604 Property Owner's Name (if different): N/A Phone: (360) 567-5574 City/State/Zip: Seattle, WA 98104-2818 Phone: ( ) Mailing Address: City/State/Zip: Property Description: Township N/ARange N/A Section N/A Tax Lot N/A Lot of Record? (state reason): Proposed zoning code change is county wide. Current Zoning: Proposed Zoning: Current Plan Designation: Proposed Designation: Applicable State Goals: Exception Proposed? Yes No Size of Affected Area: Acres INSTRUCTIONS FOR COMPLETING THIS APPLICATION: 1. Complete this application form including the appropriate signatures. If color exhibits are submitted, black and white copies with captions or shading delineating the color areas shall also be provided. 2. Include a detailed statement describing the proposal and how it meets all requirements of the appropriate State rules and statutes, and County codes and Comprehensive Plan policies. Text amendment applications must include the proposed language and the basis for the change. 3. If multiple properties are involved in this application, then identify each property on a separate page and follow with the property owners' signatures. . W+e GLaa' Se(ie4'a p/ o 11_4_ e_e 11(S 4. Submit the correct application fee. / w; f��h 5. Submit a copy of the current deed(s) for the property(ies). 6, 4-7_ A PRE l , PLICAT• N AP INT E IS REQUIRED FOR ALL AMENDMENTS // // /_ L (/GG1 /G1-eA) 1 ./ Date: J�// 7/20 /RI Property Property Owner's Signature (if different)*: Date: Applicant's Signature: Agent's Name (if applicable): Meridee Pabst, Busch Law Firm, PLLC Phone: (425 ) 628-2660 Mailing Address: 93 S. Jackson St. #75604 City/State/Zip: Seattle, WA 98104-2818 if this application is not signed by the property owner, a letter authorizing signature bya signing this application, the applicant understands and agrees that Deschutes County officers' fees prior to the application being deemed complete; and if the application is ear applicant will be responsible for the actual costs of the hearings officer. iicant must be attached. By eposit for hearings earings officer, the 3/13 _3 BUSCH LAW Ft RM PLLC May 15, 2014 Nick Lelack, Community Development Director Community Development Department Deschutes County, Oregon 117 NW Lafayette Avenue – P.O. Box 6005 Bend, OR 97708-6005 RE: Development Code Text Amendment DCC Chapter 18.108—Sunriver Community General Zone Dear Mr. Lelack, On behalf of AT&T, we ask that Deschutes County amend its zoning code governing the Sunriver community to allow for wireless telecommunications facilities as a conditional use in Sunriver's Community General (CG) zone. This amendment furthers the Sunriver policies of the Deschutes County Comprehensive Plan and Oregon's Statewide Planning Goals. The Sunriver Owners Association is supportive of the proposed amendment. Together with the County's Text Amendment application and this letter, we have submitted the proposed text amendment and the County's fee of $5,000. We did not include the County's other general submittal requirements (identification of specific properties, property owners' signatures, deeds, etc.) because they are not applicable to this proposal. Wireless Communications Facilities as a Conditional Use The proposed text amendment would apply to the CG zone in Sunriver, which is governed by DCC 18.108.120. The amendment would allow wireless telecommunications facilities (WCFs) in the Sunriver CG zone subject to a conditional use permit. Currently, the CG zone does not provide for any conditionally permitted uses. The proposed text amendment reads as follows: 18.108.120 Community General - CG (New Subsection B:] B. Conditional Uses Permitted. The following conditional uses may be permitted subject to DCC 128 and a conditional use permit: 1. Wireless telecommunication facilities. SEATTLE LOS ANGELES DENVER PORTLAND BEND 93 S. Jackson St. #75604 Meridee.Pabst@wirelesscounsel.com Seattle, WA 98104-2818 www.wirelesscounsel.com t 425.628.2660 f 206.219.6717 May 15, 2014 Page 2 This text amendment is also enclosed as a separate document. Review Criteria Deschutes County does not have specific criteria for reviewing this legislative zoning text amendment. But, the County may evaluate the proposal based on its consistency with the Sunriver Policies of the County's Comprehensive Plan and Oregon's Statewide Planning Goals. Deschutes County Comprehensive Plan: Sunriver Policies Sunriver is an Urban Unincorporated Community under the County Comprehensive Plan. It is primarily a residential and resort community, and it has its own public services that support these uses. The Community Districts designated within Sunriver are primarily developed with public service uses that support all facets of the community. Development includes the fire station, a community center, and public works facilities. Community Districts, including the CG zone, are primarily owned and administered by the Sunriver Owners Association. The proposed text amendment is in accord with the three polices specific to Community Districts in Sunriver under the County's Comprehensive Plan: Policies 4.4.19, .20, and .21. Policy 4.4.19: 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. Under the Deschutes County Code, the uses permitted outright in the CG zone include indoor and outdoor recreation, schools, utility substations, emergency services, community centers and churches, and residential. The addition of WCF's in the CG zone, as a conditional use, would allow for the improvement of wireless voice and data service where people live and gather. Policy 4.4.20: 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. The population of Sunriver fluctuates significantly, depending on the season. The permanent population is estimated to be approximately 900 persons. But, according to and estimate by the Sunriver Owner's Association, the peak population in the May 15, 2014 Page 3 community is around 10,000.1 The addition of WCF's in the community would support the wireless service needs of year-round and part-time residents and tourists in Sunriver. Policy 4.4.21: 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. The "conditional use permit" requirement written into the proposed text amendment will allow the Planning Department to evaluate the appropriateness of each, individual WCF as proposed and make determinations regarding location and design given the particular characteristics of the immediate area. Statewide Planning Goals The proposed text amendment also fulfills the applicable Statewide Planning Goals and state law. Goal 1, Citizen Involvement, is to support citizen involvement in all phases of the planning process. This goal is satisfied through the County's text amendment process that includes a work session and public hearing with the County Planning Commission, followed by a public hearing with the County Board of Commissioners. (See DCC 22.12.010.) Goal 2, Land Use Planning, is to establish and adhere to land use planning processes and policies that support decisions grounded in fact. This goal is satisfied through the County's application process, which requires the applicant to submit this detailed statement describing the proposed text amendment and explain how it is consistent with applicable rules, statutes and policies. Goals 4, Forest Lands, is to conserve forest lands and protect the state's forest economy. The proposed text amendment provides for the addition of WCFs in the CG zone of Sunriver. This will not impact abutting forest lands. Goal 5, Natural Resources, is to protect natural resources, and conserve scenic and historic areas and open spaces. This goal is met through existing County zoning policies and regulations, including the conditional use permitting process for WCFs, which requires that an applicant proposing a WCF show that the WCF is sited in the least intrusive place feasible, and that it is designed to blend in with the surrounding environment and minimize any impact on scenic views. (See DCC 18.128.) 1 Deschutes County Comprehensive Plan 2011, Section 4.4 Sunriver, p.16. May 15, 2014 Page 4 Goal 6, Air, Water and Land Resources Quality, is to maintain and improve the quality of the air, water and land resource of the state. This goal is met because WCFs are unmanned and will not contribute any significant amount of emissions or water waste. Goals 8 and 9, Recreation and Economic Development, are to satisfy the recreational needs of citizens and provide economic activities vital to the prosperity of the citizens. These goals are met by existing County polices and regulations, and will be furthered by the proposed text amendment because it provides for the addition of WCFs in the CG zone of Sunriver, where people rely on wireless voice and data service where they work and play. Goals 10 and 11, Housing and Public Facilities and Services, are to provide for the housing needs of citizens and provide them with adequate public facilities and services. These goals are met by existing County polices and regulations, and will be furthered by the proposed text amendment because it provides for the addition of WCFs in the CG zone of Sunriver, where people rely on wireless voice and data service where they live, work and play. Goals 12 and 13, Transportation and Energy Conservation, are to provide and encourage a safe, convenient and economic transportation system, and to conserve energy. These goals are met by existing County polices and regulations, and will be furthered by the proposed text amendment because it provides for the addition of WCFs to support wireless voice and data service, thus allowing for communications and commerce to take place wirelessly. This minimizes the adverse environmental impacts of automobile traffic by reducing the need for physical transportation, and it facilitates the flow of goods and services. Goal 14, Urbanization, is to provide for an efficient transition form rural to urban land use and to provide for livable urban communities. People in urban communities increasingly rely on wireless services as their primary phone and Internet tool. The proposed text amendment furthers Goal 14 because it provides for the addition of WCFs within the Urban Unincorporated Community of Sunriver. Conclusion Over the past several months, we have been working with the Deschutes County Planning Department and the Sunriver Owners Association to ensure that the proposed text amendment provides for the improvement of wireless services in Sunriver and fits with the citizens' vision for their community. As written, the proposed text amendment May 15, 2014 Page 5 achieves these objectives, comporting with the land use planning goals and policies of the State, the County, and Sunriver. We respectfully ask for your support of our proposal. Thank you for you consideration. We look forward to working with you through the code amendment process. Sincerely, Meridee E. Pabst Enclosures: Proposed text amendment Application form and fee cc: Jan Bans, AT&T External Affairs George Granger, AT&T External Affairs Kyla Powell, AT&T Legal Geri Roper, Area Manager, AT&T C&E West Kevin Harrison, Principal Planner, Deschutes County Ken Lyons, Jurisdictional Relations, Busch Law Firm BUSCHLAW FIRM PLLC Deschutes County Code Section 18.108.120 Proposed Text Amendment: New Section B. 18.108.120. Community General - CG District A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright: [Uses listed not subject to proposed text amendment.] B. Conditional Uses Permitted. The following conditional uses may be permitted subject to DCC 128 and a conditional use permit: 1. Wireless telecommunication facilities. 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: [Lot requirements listed not subject to proposed text amendment.] SEATTLE LOS ANGELES DENVER PORTLAND BEND 93 S. Jackson St. #75604 Meridee.Pabst@wirelesscounsel.com t425.628.2660 Seattle, WA 98104-2818 www.wirelesscounsel.com f 206.219.6717 nrSUNRIVER OWNERS ASSOCIATIONiu MAINTAINING SUNRIVER AS A PREMIER RESIDENTIAL AND RESORT COMMUNITY PROTECTING AND ENHANCING ITS QUALITY OF LIFE, NATURAL ENVIRONMENT AND PROPERTY VALUES. D[LI V _st.._ gY: R rVED. 2014 July 21, 2014 Deschutes County Planning Commission Christen Brown, Chair Deschutes County PO Box 6005 Bend, OR 97008-6005 Subject: Development Code Text Amendment DCC Chapter 18.108—Sunriver Community General Zone Dear Mr. Brown and Planning Commissioners: The Sunriver Owners Association ("SROA") has entered into a memorandum of understanding with AT&T for the purposes of permitting AT&T the ability to pursue all necessary approvals for the placement of a new wireless telecommunication facility in Sunriver. It is conceptually envisioned as a means to better serve its residents and guests [and provide better public safety]. Pursuant to the memorandum of understanding, upon securing all necessary approvals, SROA would be willing to enter into negotiations with AT&T for a lease of the subject land, owned by SROA. This preferred location appears to address better service levels for the guests and residents of our community while also providing an enhancement to our public safety needs. However, the location proposed for this new facility, is located within in Sunriver's Community General (CG) zone, which does not currently allow wireless facilities. In order to locate the new facility in the CG zone, AT&T has applied to Deschutes County for a text amendment. With the new amendment, as revised by Planning Staff, wireless facilities would be allowed in the CG zone as a conditional use, as follows: 18.108.120 Community General - CG [New Subsection B:] B. Conditional Uses Permitted. The following conditional uses may be permitted subject to DCC 18.128 and a conditional use permit: 1. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A). The SROA staff has reviewed AT&T's application and is supportive of a County amendment to the code, as proposed by AT&T. Such a change is consistent with the purpose of Community General Parcels as well as relevant comprehensive planning policies guiding the development of Sunriver. 57455 ABBOT DRIVE • P.O. BOX 3278 • SUNRIVER, OREGON 97707 • (541) 593-2411 • TOLL FREE (888) 284-6639 • FAX (541) 593-5669 www.sunriverowners.org Please let me know if you have any questions or need clarification. Thank you, Keith Kessaris, Assistant General Manager Sunriver Owners Association Cell towers in Sunriver (TA -14-5) CeII towers in Sunriver (TA -14-5) Peter Russell Sent: Thursday, July 03, 2014 2:54 PM To: Cynthia Snidt; Chris Doty; George Kolb Cc: Peter Russell Page 1 of 1 Cynthia, I have reviewed the transmittal materials for TA -14-5 to amend the Sunriver Community General District (SUCG) zone to allow wireless telecommunication facilities as a conditional use. No public roads abut the SUCG zone so no County roads are directly affected by this proposal. A text amendment must comply with the Transportation Planning Rule (TPR) at Oregon Administrative Rule (OAR) 660-012-0060. Given wireless sites generate almost no traffic once constructed, the proposed text amendment will not have a significant effect upon the transportation system. Board Resolution 2013-020 assess an SDC based on whether a land use will consume road capacity. Again, given wireless sites generate almost no traffic once they are constructed, the SDC does not apply. . Please let me know if you have any questions. Thanks. Peter Russell Senior Transportation Planner Deschutes County Community Development Dept. 117 NW Lafayette Ave. Bend, OR 97701 ph: (541) 383-6718 FAX (541) 385-1764 https://outlook.deschutes.org/owa/?ae=Item&t=IPM.Note&id=RgAAAAD6gODECPxGTaM... 7/7/2014 John A. Kitzhaher, MD, Governor July 9, 2014 Cynthia Srnidt Associate Planner Deschutes County Planning Department PO Box 6005 117 NW Lafayette Ave Bend, OR 97708-6005 SUBJECT: Application Number TA -14-5 3040 25th Street, SE Salem, OR 97302-1125 Phone: (503) 378-4880 Toll Free: (800) 874-0102 FAX: (503) 373-1688 This letter is in response to Deschutes County's notice of application for a text amendment in the Sunriver Community General District (SUCG) to allow wireless telecommunications facilities as a conditional use. Although there is no specific proposal of a wireless facility at this time, the Oregon Department of Aviation (ODA) has the following comments: • Upon development review of a wireless facility the County place height limitations of the facilities so to not allow penetration of the airspace surrounding the airport as identified in the Airport Safety overlay area. • Upon development review of a wireless facility there is no impact to FAA Part 77 (Imaginary Surfaces) as identified in the Airport Safety overlay area. • ODA have an opportunity to review all proposed wireless facilities within the Airport Safety overlay area by having the applicant fill out FAA form 7460-1 as required by OAR 738-070-0060. Thank you for allowing ODA to comment on this text amendment proposal. If you have any questions or need further information please feel free to contact me at 503-378-2529 or Jeff.Caines@aviation.state.or.us or Heather Peck — Projects and Planning Manager at 503- 378-3168 or Heather.Peck@aviation.state.or.us. Sincerely, jr Jeff Gaines, AICP Aviation Planner OPPOSITION TO AMENDING SUCG ZONING TO ALLOW WIRELESS TELECOMMUNICATIONS FACILITY AS A CONDITIONAL USE PERMIT July 6, 2014 Re: File number TA -14-5 To Whom It May Concern: I am the property owner of 24 Fremont Crossing (57178 Evergreen Loop) in Sunriver. I am opposed to AT&T's request to amend. the SUCG zoning code to allow wireless telecommunication facilities as a conditional use. My home is within 250 feet of one of the properties that could ultimately be zoned for a cell phone tower. I strongly object to cell phone towers being placed near my residence for the following reasons: 1. I am concerned about harmful radiation emitted from cell phone towers at such a close range to my residence. I would never purchase a property that close to an existing cell phone tower for safety reasons, and the thought of one being placed within 250 feet of my residence is quite disturbing. 2. I am concerned that my property value will decrease due to a cell phone tower being placed so close to my property. My neighborhood (Fremont Crossing) is a newer area of Sunriver containing high-end luxury condos. My opinion is that cell phone towers have no place that close to high-end residential areas. 3. My property is in a rental program, often renting to families with small children. Concerns over health risks to small children may result in a loss of rental income resulting from families choosing not to rent (or re - rent) my home once they find out there is a cell phone tower within .250 feet of the place. 4. I believe industrial -looking cell phone towers are unsightly and will impact the'aesthetic appeal of Sunriver's natural beauty. I understand the motivations of the Sunriver Owner's Association in supporting the proposed amendment, and I understand this amendment is for conditional use only. However, I strongly urge rejection of any and all applications to allow wireless telecommunication facilities anywhere near residential areas of Sunriver. This can be accomplished by rejecting this current amendment request outright. Thank you for your time. Sincerely, 1 --t"- Melissa Black PO Box 1891 Lake Oswego, OR 97035 REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code 18.108.120 to Permit Wireless Telecommunications Facilities in the Sunriver Urban Unincorporated Community Zone, Community General District. ORDINANCE NO. 2014-020 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 strik g h. /// 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 of , 2014 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMY BANEY, Chair ANTHONY DeBONE, Vice Chair ATTEST: Recording Secretary ALAN UNGER, Commissioner Date of 1St Reading: day of , 2014. Date of 2nd Reading: day of , 2014. Record of Adoption Vote: Commissioner Yes No Abstained Excused Tammy Baney Anthony DeBone Alan Unger Effective date: day of , 2014. 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 meeting the requirements of DCC 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. (Ord. 2014-020 §1. 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 comnzunity. Development includes the fire station, elementary school, community center and corporation/public works facilities. Properties with this 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 -4--J ISS O � U u) p a) �0' z 0 (1) (/) a) ii. 0 icant: Busch Law Firm for AT&T V U cip Td a) a) C . ,__, E E 0 U cA a) E +-; N G4 (71 up cd up a) • 1--, U Ct CD .0 rt .- E E 0 A - .r.., 0 0 A- A- c..) - A - U •- A- . 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