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HomeMy WebLinkAboutOrdinances 015-016 - Wireless Telecomm Fac�vCESC' 02(1 j ❑ Y Jrr C Deschutes County Board of Commissioner s 1300 NW Wall St., Suite 200, Bend, OR 97701-196 ) (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of April 26, 2010 Please see directions for completing this document on the next page. DATE: 4/15/10 FROM: Will Groves CDD x6518 TITLE OF AGENDA ITEM: Consideration of First and Second Reading and Adoption of Ordinances No. 2010-015 and 2010-016. Ordinance No. 2010-015 Amends Deschutes County Code Title 23, the Deschutes County Comprehensive Plan, to Add Wireless Telecommunications Facilities to the List of Uses Permitted in the Oregon Water Wonderland Unit 2 Sewer District Limited Use Combining Zone and Declaring an Emergency. File No. PA -09-4. Ordinance No. 2009-016 Amends Deschutes County Code Title 18, the Deschutes County Zoning Ordinance, to Add Wireless Telecommunications Facilities to the List of Uses Permitted in the Oregon Water Wonderland Unit 2 Sewer District Limited Use Combining Zone and Declaring an Emergency. File No. PA -09-4. Consideration of Signature of Document No. 2010-279, Amending a Conservation Easement between Oregon Water Wonderland Unit II Sewer District and Deschutes County. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: AT&T Mobility has requested 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 (DCC 18.60.090). The Board held a de novo public hearing on the subject application on April 5, 2010. At the hearing, the Board deliberated and voted to approve the subject application and to adopt the Hearings Officer's findings and conclusions. Staff has prepared and included adopting ordinances. The applicant has requested that these ordinances be adopted by emergency, as there is an immediate need for improv :d wireless signal in the area to handle emergency calls. The subject property is currently encumbered with a conservation easement, required as a condition of site plan approval for the development of the sewage treatment facility that prohibits structures not related to the sewage treatment facility on the property. Staff has attached an amendment to the conservation easement to authorize the siting, development, construction, operation, maintenance ai id 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. FISCAL IMPLICATIONS: None. RECOMMENDATION & ACTION REQUESTED: Adopt Ordinances No. 2010-0015 and 2010-0016. ATTENDANCE: BOCC, Legal, Will Groves DISTRIBUTION OF DOCUMENTS: BOCC, Will Groves April 15, 2010 Community Development Department Planning Division Building Safety Division Environmental Health )ivision 117 NW Lafayette Avenue Bend Oregon 977071-1925 (541)388-6575 FAX (541)38`-1764 http://www.co.deschutes.or.us/cdd/ To: Deschutes Board of County Commissioners From: Will Groves, Senior Planner Subject: Consideration of First and Second Reading and Adoption of Ordinances No. 2010-015 and 2010-016. Ordinance No. 2010-015 Amends Deschutes County Code Title 23, the Deschutes County Comprehensive Plan, to Add Wireless Telecommunications Facilities to the List of Uses Permitted in the Oregon Water Wonderland Unit 2 Sewer District Limited Use Combining Zone and Declaring an Emergency. File No. PA -09-4. Ordinance No. 2009-016 Amends Deschutes County Code Title 18, the Deschutes County Zoning Ordinance, to Add Wireless Telecommunications Facilities to the List of Uses Permitted in the Oregon Water Wonderland Unit 2 Sewer District Limited Use Combining Zone and Declaring an Emergency. File No. PA -09-4. Consideration of Signature of Document No. 2010-279, Amending a Conservation Easement between Oregon Water Wonderland Unit II Sewer District and Deschutes County. BACKGROUND AT&T Mobility has requested 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 (DCC 18.60.090). The Board held a de novo public hearing on the subject application on April 5, 2010. At the hearing, the Board deliberated and voted to approve the subject application and to adopt the Hearings Officer's findings and conclusions. Staff has prepared and included adopting ordinances. The applicant has requested that these ordinances be adopted by emergency, as there is an immediate need for improved wireless signal in the area to handle emergency calls. The subject property is currently encumbered with a conservation easement, required as a condition of site plan approval for the development of the sewage treatment facility that Quality Services Performed with Pride prohibits structures not related to the sewage treatment facility on the property. Staff has attached an amendment to the conservation easement 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. SCHEDULE This matter is scheduled for the Board's morning meeting on April 26, 2010. Please contact me with any questions. REVIEWED LEGAL COUNSEL For Recording Stamp Only 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 and Declaring and Emergency. ORDINANCE NO. 2010-015 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 )n January 5, 2010 before the Deschutes County Hearings Officer and, on February 9, 2010 the Hearings Offu er recommended approval of the zone change; and WHEREAS, after notice was give in accordance with applicable law, a public hearing was held on Ap it 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, ORDAIN S 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 strikethrough , to add Wireless Telecommunications Facilities as a use allowed in the exception are, 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 propert? recorded in the Deschutes County Clerk's records at Volume 2004, Page 64973, substantially in the form i a 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 DENNIS R. LUKE, Chair ALAN UNGER, Vice Chair ATTEST: Recording Secretary TAMMY BANEY, Commissioner Date of 1 s` Reading: day of , 2010. Date of 2°d Reading: day of , 2010. Record of Adoption Vote: Commissioner Yes No Abstained Excused Dennis R. Luke Alan Unger 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 2003-0121 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 Page 1 of 1 - Exhibit A to Ordinance 2010-015 (4/2009) 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), E1/2 and E'AW1/z. 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: REQUEST: Myles A. Conway Schwabe, Williamson & Wyatt 360 S.W. Bond Street, Suite 400 Bend, Oregon 97702 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 I. 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, Pian 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 For Recording Stamp Only 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: 1. The Recitals set forth above are hereby incorporated as material terms of this Agreement. /// 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 ATTEST: DENNIS R. LUKE, Chair ALAN UNGER, Vice Chair 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 REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code 18.60.090, to add Wireless Telecommunications * Facilities as a Conditional Use and Declaring and Emergency. ORDINANCE NO. 2010-016 WHEREAS, AT&T Mobility proposed a "reasons" exception to Goals 4 and 11 and a Plan Amendment to Deschutes County Code ("DCC") Chapter 23.120, Goal Exception Statement; and WHEREAS, an amendment to DCC 18.06.090 is necessary to implement the goal exception adopted n Ordinance 2010-015; and WHEREAS, after notice was give in accordance with applicable law, a public hearing was held c n January 5, 2010 before the Deschutes County Hearing Officer and, on February 9, 2010 the Hearings Offic ;1- recommended rrecommended approval of the goal exception and text amendment; and WHEREAS, the Board of County Commissioners considered this matter after a duly noticed publ c hearing on April 5, 2010 and approved the goal exception and text amendment; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAIN 3 as follows: Section 1. AMENDMENT. DCC 18.60.090, Oregon Water Wonderland Unit 2 Sewer District Limited Use Combining Zone is amended to read as described in Exhibit "A", attached and incorporated by referent: e herein, with new language underlined and deleted language set forth in strikethrough. Section 2. FINDINGS. The Board adopts as its findings in support of this decision, Exhibit "C' , attached to Ordinance 2010-015 and incorporated by reference herein. /// PAGE 1 OF 2 - ORDINANCE NO. 2010-016 Section 5. EMERGENCY. This Ordinance being necessary for the public peace, health and safety, an emergency is declared to exist and this Ordinance takes effect on its passage. Dated this of , 2010 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: DENNIS R. LUKE, Chair ALAN UNGER, Vice Chair Recording Secretary TAMMY BANEY, Commissioner Date of 1 st Reading: day of , 2010. Date of 2❑d Reading: day of , 2010. Record of Adoption Vote: Commissioner Yes No Abstained Excused Dennis R. Luke Alan Unger Tammy Baney Effective date: day of , 2010. PAGE 2 OF 2 - ORDINANCE NO. 2010-016 18.60.090. Oregon Water Wonderland Unit 2 Sewer District Limited Use Combining Zone. A. Uses Permitted Outright. In the Oregon Water Wonderland Unit 2 Sewer District Limited Use Combining Zone, uses shall be permitted as follows, the following uses and their accessory uses are allowed outright: a. Agricultural use as defined in DCC Title 18. b. Propagation or harvesting of a forest product. c. Ground application of treated effluent. B. Uses Permitted Subject to Site Plan Review. In the Oregon Water Wonderland Unit 2 Sewer District Limited Use Combining Zone, uses shall be permitted as follows, the following uses and their accessory uses are permitted subject to applicable provisions of DCC 18.116, Supplementary Provisions, and DCC 18.124, Site Plan Review: a. Sewage Treatment Facility. b. Treated Effluent Ponds. C. Uses Permitted Conditionally. In the Oregon Water Wonderland Unit 2 Sewer District Limited Use Combining Zone, Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B), and their accessory uses are permitted conditionally subject to the applicable provisions of DCC 18.128, Conditional Uses. €D.Definitions. For the purpose of this section, the use Sewage Treatment Facility includes any buildings or structures associated with the operations of a sewer treatment plant including, but not limited to, treatment station or pump station. DE. Special Conditions. Pursuant to DCC Section 23.120.170, an application for site plan review to establish a sewage treatment facility must include a conservation easement and a plan of implementing the conservation easement that provides standards and implementation methods for managing the conservation easement, along with a recorded road maintenance agreement between Oregon Water Wonderland Unit 2 Sewer District and the Beaver Special Road District, with the site plan review application. The road maintenance agreement between the applicant and the Beaver Special Road District shall include Oregon Water Wonderland Unit 2 Sewer District's pro rata share for the maintenance cost of Foster Road through Section 25. (Ord. 2010-0161, 2010LOrd. 2003-012 §1, 2003) Chapter 18.60 (4/2009) Page 1 of 1 - Exhibit A to Ordinance 2010-016