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HomeMy WebLinkAbout2008-01-28 Business Meeting MinutesDeschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701 -1960 (541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.org MINUTES OF BUSINESS MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, JANUARY 28, 2008 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Dennis R. Luke, Michael M. Daly and Tammy Melton. Also present were Tom Anderson, Anthony Raguine, Will Groves and Kristen Maze of Community Development; Laurie Craghead, Legal Counsel; ten other citizens; and Hillary Borrud of The Bulletin. Chair Luke opened the meeting at 10:00 a.m. 1. Before the Board was Citizen Input. None was offered. 2. Before the Board was Consideration of Signature of Document No. 2008- 011, an Intergovernmental Agreement with the City of Redmond regarding Inspection Services. Tom Anderson gave a brief overview of the item. The new agreement will compensate the City for plan reviews that they did for the County last year. This will bring the revenue and expense factors up to date. Commissioner Melton asked if the 2011 termination date is too far out. Mr. Anderson replied that by then the City should have transitioned into having its own staffing, and the agreement will become a mutual aid agreement whereby both entities will help each other as needed. Minutes of Board of Commissioners' Business Meeting Monday, January 28, 2008 Page 1 of 7 Pages Commissioner Luke asked who does the plan check and who oversees the inspection. Mr. Anderson said that the inspectors are from the County and the City has plan examiners. It is possible that staffing for inspectors could transfer to the City as progress is made on the transition and funding allows. MELTON: Move signature of Document No. 2008 -011. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. 3. Before the Board was Consideration of Signature of Document No. 2008- 042, Authorizing Partial Release of Improvement Agreement Bonds for Caldera Springs Real Estate. Will Groves gave a brief staff report on the item. Infrastructure and the central lodging would be released at this time, since those improvements have been made. Laurie Craghead added that the improvement agreements are still in effect; but riders will release part of the bond. A warranty bond will be in place for a year to make sure infrastructure and other improvements are functioning well. DALY: Move approval of Document No. 2008 -042. MELTON: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. 4. Before the Board was a Public Hearing and Consideration of First Reading of Ordinance No. 2008 -008, Amending Code regarding Mini - Storage Facilities in Rural Commercial Areas. Chair Luke read the opening statement at this time. In regard to conflicts of interest, bias or prejudgment, none of the Commissioners had any to disclose. Kristen Maze provided a staff report on the item, which primarily addresses parking requirements, setbacks and similar issues. Minutes of Board of Commissioners' Business Meeting Monday, January 28, 2008 Page 2 of 7 Pages Commissioner Daly asked how it was determined which areas would be affected. Ms. Maze said the area had to already be zoned rural commercial. The Spring River area was zoned rural commercial by exception, and is not to be changed. The land also has to be conducive to having enough room for the mini - storage facilities. Chair Luke opened the public hearing at this time. John Skidmore, representing Mr. Jordan, the owner of the Deschutes River Woods Store, asked for an emergency adoption of the Ordinance. He said his client originally attempted to have the change made in 2006 but the process took longer than anticipated. Mr. Jordan would like to begin development of the area as soon as possible. Laurie Craghead said that this is a legislative matter and the Board could add an emergency clause to the second reading, which would not happen until February 11. She added that Mr. Jordan cannot apply for a permit until the Ordinance is in effect. The application process could then take up to 150 days to complete; longer if there is opposition and an appeal is filed. Any change from the 90 day effective date requires an emergency clause. She added that she believes the 90 days was originally set up to give the public time to file a referendum. Ms. Maze stated that there was no opposition voiced at the Hearings Officer's public hearing. No other testimony was offered, so the hearing was closed. Commissioner Daly stated that there is a brief construction window in this area and an emergency clause is necessary if the applicant is to have an opportunity to build during the summer or fall. Chair Luke stated that he would like to see an effective date of March 1. Commissioner Melton said that she does not like to use the emergency clause but will support Chair Luke's idea of a March 1 effective date. MELTON: Move first reading by title only. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Monday, January 28, 2008 Page 3 of 7 Pages MELTON: Move that second reading be scheduled for February 11, to include an emergency clause with an effective date of March 1. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. 5. Before the Board was a Public Hearing on an Appeal (File #A- 07 -21) of the Hearings Officer's Decision Revoking Land Use Approvals for the Construction of a Dwelling (Applicant: Peery). Ms. Craghead said that the Peery's attorney has submitted a letter withdrawing their application. Chair Luke opened the hearing at this time, noted that the applicant has officially withdrawn the appeal, and then closed the hearing. At 10:50, Chair Luke asked that the meeting be moved to the Allen Room, to resume at 11:00 a.m. 6. Before the Board was a Work Session regarding Proposed Code Amendments for Amateur Radio Facilities. Chair Luke pointed out that the public hearing has already been closed and no testimony can be taken. Kristen Maze said the January 2 work session identified some questions regarding text. She referred to a handout that was developed since that date. Most of the Planning Commission options were acceptable to the Board. The items to be discussed related to towers that are over 70 feet tall. The first issue is the aesthetic criteria, including the placement of the guy wires. The guy wires would need to be within the setback area as they are considered part of the structure. Ms. Maze stated that no matter what the height, a second tower could require additional site plan review if this language is required by the Board. Ms. Craghead said that some jurisdictions have allowed towers up to 150 feet. Minutes of Board of Commissioners' Business Meeting Monday, January 28, 2008 Page 4 of 7 Pages Also, the County does not want towers (or any other structure) over 30 feet in an LM (landscape management) zone. Ms. Maze asked if the Board wants a maximum height or a cumulative height if there is more than one tower. Chair Luke said that he has no problem with a maximum total of 150 feet. He would like more public input in this regard. Ms. Craghead said that this is a legislative issue, so ex parte contact is allowed; however, the information discussed would not become a part of the official record. Chair Luke stated that he would like to see site plan review of any towers over 30 feet, regardless of the cumulative height. Commissioner Melton said that 70 feet or over should have a site plan review. If a tower is under 70 feet but an addition would bring it to over 70 feet, a site plan review would be needed. Ms. Maze said that some users will mount antenna on trees instead of building a tower. In those cases it is unlikely they will apply for a permit. It was determined that there should be a site plan for any over 70 feet, to a maximum to 150, or if more than one antenna is desired. Chair Daly had to leave the meeting at this time. In regard to retractable antennas, criteria need to be set regarding height. There was some concern about not including these in a site plan review. Commissioner Melton feels this falls into the same category. Chair Luke would like some distinction made between the tower and the antenna; if the tower is 60 feet and the antenna is retractable and adds another ten feet, he doesn't feel that site plan review would be necessary. Ms. Maze indicated that it would be impossible to determine if the antenna is fixed or retractable. For clarity, though, it was ultimately decided that anything that would be 70 feet or taller should be the criteria. In regard to screening, types of trees, vegetation and topography was discussed in relation to adjacent residences. If the facility is over 70 feet, feedback from the public meeting could help to determine placement. Commissioner Baney said that this could be subjective, depending on the neighbors' opinions; she feels that these criteria should be more defined. The proposed neighborhood notice would go out 1/4 mile from the facility. Ms. Craghead said that this would mean different notice requirements for different zones. Discussion took place whether the properties to be noticed should be contiguous or within a certain radius. Chair Luke would like some public comment in this regard. Minutes of Board of Commissioners' Business Meeting Monday, January 28, 2008 Page 5 of 7 Pages Ms. Maze stated that scenic views needed to be considered, although landscape management zone criteria already addresses this issue. Therefore, existing text can be deleted. At this time, the fees and/or deposits for review, hearings and appeals were discussed. Chair Daly suggested that the Hearings Officer's fee not be required. An administrative decision would be the usual $650 fee; this will be tracked to make sure it covers the actual cost. On page 2 of the proposed text amendment, Chair Luke clarified that the notice should be mailed to the established radius from the property line. Also, clarification needs to be made regarding facilities within the LM zone. In regard to engineering, the Commissioners want to be sure that the engineer is familiar with weather, soil factors and other conditions found in Central Oregon. The structure has to be built to Central Oregon standards even if the engineer is certified in another state. Another public hearing will be held after the proposed Code is revised and proper notice is given. The hearing will be scheduled when all three Commissioners are available and will likely be held in the evening beginning at 5:30 p.m. 7. Before the Board were Additions to the Agenda. None were offered. Being no further items to come before the Board, Chair Luke adjourned the meeting at 12:40 p.m. Minutes of Board of Commissioners' Business Meeting Monday, January 28, 2008 Page 6 of 7 Pages DATED this 28th Day of January 2008 for the Deschutes County Board of Commissioners. ATTEST: (514-€A___ Recording Secretary Dennis R. Luke, Chair Tammy aney) Melton, Vice Chair Mic . el M. Daly, Commi . Toner Minutes of Board of Commissioners' Business Meeting Monday, January 28, 2008 Page 7 of 7 Pages PRELIMINARY STATEMENT FOR A LEGISLATIVE PUBLIC HEARINGS BEFORE THE DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS This is a public hearing on proposed amendments to the Deschutes County Zoning Code, Title 18 Mini - Storage Facilities and theRural Commercial sections. This is County File Number TA -06 -9. This is a legislative matter, meaning the outcome of this process could change the zoning laws of Deschutes County by: 1. clarifying the Rural Commercial zone lot coverage requirements, 2. requiring parking for mini storage office space to be one space for every 300 square feet of office and a minimum of 2 spaces.and 3. allowing mini - storage facilities up to 35,000 square feet, with a conditional use permit in the following Rural Commercial areas except for Spring River: • Deschutes Junction • Deschutes River Woods Store • Pine Forest • Rosland The Board of County Commissioners will hear oral testimony, receive written testimony, and consider the testimony submitted at this hearing. The hearing is also being taped. The Commissioners may make a decision on this matter tonight, continue the public hearing to a date certain, or leave the written record open for a specified period of time. The hearing will be conducted in the following order. The staff will give a report on this issue. We will then open the hearing to all present and ask people to present testimony at one of the tables or at the podium. You can also provide the commission with a copy of written testimony. Questions to and from the chair may be entertained at any time at the chair's discretion. Cross - examination of people testifying will not be allowed. However, if any person wishes ask a question of another person during that person's testimony, please direct your question to the chair after being recognized. The Chair is free to decide whether or not to ask such questions of the person testifying. Prior to the commencement of the hearing any party may challenge the qualifications of any the commissioners for bias, prejudgment or personal interest. This challenge must be documented with specific reasons supported by facts. Should any Board member be challenged, the member may disqualify himself or herself, withdraw from the hearing or make a statement on the record of their capacity to hear and decide this issue. S: \CDD \planning \Long Range \Text Amendments\2006 \Mini Storage Text Amendment \Board Opening Statement Legislative.doc At this time, do any members of the Board need to present any information that may be perceived as bias, prejudgment, or personal interest? I will accept any challenges from the public now. (Hearing none, I will open the public hearing). STAFF REPORT S: \CDD \planning \Long Range \Text Amendments\2006 \Mini Storage Text Amendment \Board Opening Statement Legislative.doc IF YOU WISH TO TESTIFY Please complete this card & turn it in to a County staff person. Name ,4 Sk Llwre Mailing Address: 2cl) 4/41 SezeclawekCir ., &44,4 mai Phone #: 51/-.55-0-3-63 E -mail Address: •o►NS k; ooN �o�� tir.can Date: tizelOg Subject: TA-06- Legend met.X Affected Zone - Rosland RC I=1 Affected Zone - 5 Mile Radius _ f Affected Properties Within 5 Mile Radius Rosland Rural Commercial 1 05 0 Mile car,wa. Inhors. r.n. *v. asrl• ed tem c1.1.1 on 030,4, Ce■ ms token a/ ..r..117 Oar mem ...a. et *noise.", inns ego c. um1.011,... c.11*.inumar. wer, Mao X.weven, raelloran of eny sno, File. NACuslo.Cf.:41"2171%;12eting1MinbloTage2007 Legend Eoi Affected Zone - Pine Forest RC ED Affected Zone - 5 Mile Radius Affected Properties Within 5 Mile Radius Pine Forest Rural Commercial 1 0.5 0 1 Mlles �.b en el* m.e.ee am. emr , en :� e.a, e p „perm lotaea m,.m "ll p.... W1 ..m_e WO . In r: ire. elek e,.emeee.meme� Fee ,.�. e ..Pieee..e oaener a, 40W F11e: N1LUebm lLOinlpDWen�irWMMYbr.pe3UO1 Legend Deschutes Junction Affected Zone - Deschutes Junction RC Rural Commercial Affected Zone - 5 Mile Radius Affected Properties Within 5 Mile Radius 1 0 0 Miles on II. .. .. .. ..��.e., e�.,. fl :.. ".rr .!money ....e. October 04, 2007 Fl1e'. N1CeeterM.Cowtf600TNe.41/.l .toregt001 Legend Deschutes River Woods Affected Zone - Deschutes River Woods RC Affected Zone - 5 Mile Radius Affected Properties Within 5 Mile Radius Rural Commercial \IV 1 0.5 0 Miles CISCUMEll can ma bur m.ffswilonoleise, la b 'MM.,. le nwalv. Crary ma orb. uldorPhoemorela ...an�..� ,M...re or NOW ... .smnly eirnywnmatt, taw.. .• rollaar paper 1.231...062 *1,0.1 oaoner a. 2007 Flle: NA CustomlcounMCWwlenMnQJIInYNrepep )7 d Legend Affected Zone - Spring River RC ED Affected Zone - 5 Mile Radius Affected Properties Within 5 Mile Radius Spring River Rural Commercial 1 0.5 0 Miles 1131Cn..� 1. Go ° 'Yq.°.T....Orl �' . ahbtw.a.I n. °"rm '?._. :" ° E:*. N � . DAM. to.. Otl°0.r 04.2001 711.: N7Cu.IOm.Ca.,MCDDW.nMn0MI°emr. 02007 01/24/2002 14 :17 FAX VI 002 /002 STLTHANIE M. HICKS ALSO ADMITTED IN WASHINGTON BALI_ JANIK LI,P A T T O R N E Y 5 15 SW COLORADO. Sous 3 BEND. OREGON 97702 www,DawanDK.com TEL.E'I10 . 541 - 617 -1309 PACSOILL s 541- 817.8824 Anthony Raguinc Deschutes County Planning Department 1 130 N.W. Harriman Bend, OR 97701 Re: A -07 -21 Dear Anthony: January 24, 2008 shicks@bjllp.com On behalf of the appellants in the referenced matter, Ron and Marilyn Peery, this letter is to confirm our desire to withdraw the pending appeal before the Board of County Commissioners- This request is made pursuant to DCC 22.32.080. Please let me know if there are any questions. Thank you for your assistance in this regard_ SMH:jaw cc: Ron Perry Rick Martinson Steven George Larry Pecenka Sincerely, Stephanie M. Hicks ::ODMAIPCPOCSIPORTLAND15990Q9\ i PormANo, O,uzu. WA*.wrWvN, D.c_ sp_nu, ONEOON Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701 -1960 (541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.og AGENDA REQUEST & STAFF REPORT For Board Business Meeting of January 28, 2008 DATE: January 15, 2008 TO: Deschutes County Board of Commissioners FROM: Kristen Maze, Community Development Department TITLE OF AGENDA ITEM: A work session to discuss the issues identified at the January 2, 2008, Board of County Commissioners work session for amendment to Deschutes County Code Title 18 Amateur Radio Facilities. PUBLIC HEARING ON THIS DATE? NO BACKGROUND AND POLICY IMPLICATIONS: On December 29, 2006, the Central Oregon DX Club filed an application for a text amendment to add provisions, to regulate amateur radio facilities, that was subsequently withdrawn then became Deschutes County staff initiated. On May 10, 2007 the Planning Commission recommended approval to the Board for the Amateur Radio text amendment with a modification to include Site Plan Review criteria from the DCC 18.128.340, Wireless Telecommunications Facilities, for amateur radio facilities over 75 feet in height. Staff presented to the Board of County Commissioners two alternative sets of text amendments adding definitions to DCC 18.04.030 for Amateur Radio Facilities and Amateur Radio Services and amending DCC 18.120.40 Building Height Exceptions to include amateur radio facility regulations. At a work session on January 2, 2008, the Board of County Commissioners identified several issues and asked staff to outline these issues for further discussion. FISCAL IMPLICATIONS: NONE RECOMMENDATION & ACTION REQUESTED: Address the issues identified at the January 2nd work session, make findings for the proposed text amendment options and adopt the proposed amateur radio text amendment Ordinance 2008 -007. ATTENDANCE: Kristen Maze, Community Development Department. DISTRIBUTION OF DOCUMENTS: Kristen Maze, Community Development Department, 383 -6701 Community Development Department Planning Division Building Safety Division Environmental Health Division 117 NW Lafayette Avenue Bend Oregon 97701 -1925 (541)388 -6575 FAX (541)385 -1764 http://www.co.deschutes.or.us/cdd/ Memorandum TO: Deschutes County Board of County Commission FROM: Kristen Maze DATE: January 4, 2008 SUBJECT: Amateur Radio Text Amendment TA -06 -10 Purpose At the January 2, 2008 work session before the Board of County Commissioner's ( "Board ") several issues were identified and the Board directed staff to outline these issues for further discussion at the January 9th work session. Issues Attached are two tables that list the issues, how they relate to the proposed text amendments and the options staff has identified for the Board discussion. Staff has developed two separate tables, the first address the text issues and the second addresses the process issues that were identified at the Board work session. Findings The Board must make aesthetic or safety findings based on the Deschutes County Comprehensive Plan and Zoning Code which clearly identify the preservation of scenic views and open space. The "Board" must also clearly identify the aesthetic or safety objectives of Deschutes County that represent the minimum practicable regulation. • Chapter 23.24.020 Rural Development clearly states Goal A. "To preserve and enhance the open spaces, rural character, scenic values and natural resources of the County." • Chapter 23.88 Agricultural Lands states "Agriculture also provides secondary benefits such as open space and scenic appearance...." • Chapter 23.92 Forest Lands also refers to "the `beauty' in Deschutes County is directly related to the large expanse of forestland." Quality Services Performed with Pride • Chapter 23.16.080 other states "Increasingly the major environmental damage has been the Toss of scenic vistas and sensitive environment areas along highways, rivers and other areas where development has occurred. Often the resources lost have been irreplaceable locally. Fortunately, Deschutes County still has many scenic and natural resources available. Public ownership constitutes over 78 percent of the land in the County. Proper management of both public and private lands can assure the area's primary resource —its natural beauty and diversity —is maintained for future residents. • Chapter 23.96 Open Spaces, Areas of Special Concern, and Environmental Quality states in Goal 1: "To conserve open spaces and areas of historic, natural or scenic resources." The policies section identifies the Landscape Management Combining zone. Specifically, Policy 6 states "Its primary purpose is to require site plan review to maintain structures compatible with the site and existing scenic vistas, rather than establish arbitrary standards for appearance or to otherwise restrict construction of appropriate structures." Aesthetic findings for the preservation of scenic values and appearances throughout rural Deschutes County could be made by the "Board" based on these Comprehensive Plan statements. 2 >70 Feet Amateur Radio Facilities Summary Issues and Options Objective Aesthetics Criteria a". ni • Setbacks not including facility guy wires • Color(galvanized) • No signage or lighting eada • Setbacks not including facility guy wires • Color(galvanized) • No signage or lighting Include guy wires as a part of the amateur radio facility for setback requirements. (EFU setbacks include front- 60, side- 25, rear 25, MUA — front- 20, side- 20, rear - 25.) Height Standards No limit LM zone30 feet height maximum • No limit • >70 feet requires site plan review • LM zone 30 feet height maximum 1. Maximum height and /or 2. Cumulative height 3. >70 feet or more than one (1) of any height requires site plan review Subjective Aesthetics Criteria None Approval Criterion: 1. The facility is sited using trees, vegetation, and topography to the maximum extent practicable to screen the facility from view of nearby residences. Discuss: Types of trees and vegetation, mature? What is nearby? • Adjacent residence? • What is the radius? • Should we use the neighborhood meeting radius to define nearby? Approval Criterion: 3. In all cases, the applicant shall site the facility in a manner to minimize its impact on scenic views and shall site the facility using trees, vegetation, and topography in order to screen it to the maximum extent practicable from view from protected roadways. Amateur radio facilities shall not be sited in locations where there is no vegetative, structural or topographic screening available. Staff recommends this text be deleted because the Landscape Management zone identifies scenic roadways and currently prohibits amateur radio facilities >30 feet without an LM permit. Landscape Management Zone (LM) • Not permitted >30 feet • Permitted up to 30 feet with a LM permit (Cost = $520.00) Proposed Code is not clear. Intent is: • Not permitted >30 feet • Permitted up to 30 feet with an LM permit. (Cost = $520.00) >70 Feet Amateur Radio Facilities Summary Issues and Options n Site Plan Review Required No Yes with Initial Site Plan Review • Administrative Decision or Hearings Officer Planning Directors discretion • Cost $635.00 • No HO deposit from applicant $2,500.00 • Appeal Cost $250.00 1. 2. 3. Administrative decision only impose new fee $XXX Straight to a Hearings Officer with new fee and deposit of $2,500 Discretion with new fee, no deposit. • Appeal Cost for all options costs $250.00 Neighborhood Meeting Required No Yes with notification: • <100 foot height — 1,320 foot radius • >100 foot height - 2,000 foot radius *Notification radius taken from DCC 18.128.340 Wireless Telecommunication Facilities 1. 2. Require proof of a neighborhood meeting only. Discuss the radius requirements and its purpose for notification. (e.g. adjacent neighbors only or all "nearby" neighbors up to' mile) Proposed Amateur Radio Text Amendment Table (Bold and underline are proposed additions) Will be converted to exhibits to Ordinance 2007 -010 following Board Public Hearing. a1 Amateur aldio Streamline Version arming Commis loi Recommendation 18.120.40. Building height exceptions. A. The following structures or structural parts are not subject to the building height limitations of DCC Title 18: 1. chimneys not more than three feet six inches above the highest point of roof, vertical support structures for telephone and power transmission lines in utility easements or public rights -of -way, not requiring a site plan review as defined in DCC 18.124.060, flagpoles not exceeding 40 feet, and agricultural structures as defined in DCC 18.0 4.030 not exceeding 36 feet. This exception does not apply to an Airport Development Zone, Airport Safety Combining Zone or Landscape Management Combing Zone. 2. in zones other than the Landscape Management Combining Zone, amateur radio facilities are permitted outright, where the following requirements are met: a. Antenna support structures, not including guy wires and anchors, shall be located outside of required front, rear and side yard setbacks. b. Metal structures shall have a galvanized finish, or flat or matte silver, or flat or matte gray in color. c. Amateur radio facilities shall not include attached signage, symbols, or decorations, lighted or otherwise, other than required unlighted signage for safety or regulatory purposes. d. The property owner shall obtain a valid building permit if required from the Deschutes County Community Development Department, Building Safety Division. e. The property owner has demonstrated compliance with applicable Federal Communications Commission (FCC), Federal Aviation Administration (FAA), and Oregon Department of Aviation (ODA) restrictions. Compliance may be demonstrated by submitting true copies of the 18.120.040 Building height exceptions. A. The following structures or structural parts are not subject to the building height limitations of DCC Title 18: 1. chimneys, not more than three feet six inches above the highest point of the roof; vertical support structures for telephone and power transmission lines in utility easements or public rights -of -way, not requiring a site plan review as defined in DCC 18.124.060; flagpoles not exceeding 40 feet;, and agricultural structures as defined in DCC 18.04.030 not exceeding 36 feet, and 2. amateur radio facilities not exceeding 75 feet, including facilities retractable to less than 75 feet meeting the following requirements; a. Antenna support structures, not including guy wires and anchors, shall be located outside of required front, rear and side yard setbacks. Metal structures shall have a galvanized finish, or flat or matte silver, or flat or matte gray in color. c. Amateur radio facilities shall not include attached signage, symbols, or decorations, lighted or otherwise, other than required unlighted signage for safety or regulatory purposes. d. The property owner shall obtain a valid building permit if required from the Deschutes County Community Development Department, Building Safety Division. e. The property owner has demonstrated compliance with applicable Federal Communications Commission (FCC), Federal Aviation Administration (FAA), and Oregon Department of Aviation (ODA) restrictions. Compliance may be demonstrated by submitting true copies of the FCC's, FAA's, and ODA's written determination to the Deschutes County Community Development Department, Buildin • Safe Division at time of a s u lication for a b. 1 Proposed Amateur Radio Text Amendment Table (Bold and underline are proposed additions) Will be converted to exhibits to Ordinance 2007 -010 following Board Public Hearing. Original Amateur Radio Streamline Version Planning ,Commission Recommendation FCC's, FAA's, and ODA's written determination to the building permit; and Deschutes County Community Development Department, f. The property owner has a current, valid FCC Amateur Building Safety Division at time of application for a building Radio License for the operation of amateur ( "Ham ") radio ermit• and services in the name of property owner. Compliance may be f. The property owner has a current, valid FCC Amateur demonstrated by submitting a true copy of the property Radio License for the operation of amateur ( "Ham ") radio owner's Amateur Radio License to the Deschutes County services in the name of property owner. Compliance may be Community Development Department, Building Safety demonstrated by submitting a true copy of the property Division at time of application for a building permit. owner's Amateur Radio License to the Deschutes County 3. amateur radio facilities exceeding 75 are subject to site plan review Community Development Department, Building Safety as defined in DCC 18.124.XXX Division at time of application for a building permit. This exception does not apply to an Airport Development Zone, Airport Safety Combing Zone or Landscape Management Combining Zone. 18.124.XXX Amateur Radio Facilities This exemption applies only to DCC Title 18 and does not apply to their applicable state and federal regulations. Except for the height exception criteria provided in 18.124.040 (A)(2) an application for a site plan review for an amateur radio facility shall comply with the applicable standards, setbacks and criteria of the base zone and any combining zone and the following requirements. A. Application Requirements. An application for an amateur radio facility shall comply with the following meeting, notice, and submittal re ' uirements: 1. Neighborhood Meeting. Prior to building permit approval from Building Division staff, the applicant shall provide notice of and hold a meeting with interested owners of property nearby to a potential facility location. Notice shall be in writing and shall be mailed no less than 10 days prior to the date set for the meeting to owners of record of property within: a. One thousand three hundred twenty feet for a facilities no greater than 100 feet in height, and b. Two thousand feet for a facility at least 100 feet and no higher than 150 feet in hei ht. Such notice shall not take the s lace of 2 Proposed Amateur Radio Text Amendment Table (Bold and underline are proposed additions) Will be converted to exhibits to Ordinance 2007 -010 following Board Public Hearing. Origin tii A mat r Radio S Streamline Version Planning CQlllmission Recommendation notice required by DCC Title 22. 2. Submittal Requirements. An application for a amateur radio facility shall include: a. A copy of the written notice of the required neighborhood meeting and a certificate of mailing showing that the notice was mailed to the list of property owners falling within the notice area designated under DCC 18.128.340(A)(1). b. A written summary of the neighborhood meeting detailing the substance of the meeting, the time, date and location of the meeting and a list of meeting attendees. c. A site plan showing the location of the proposed facility and its components. The site plan shall also identify the location of existing and proposed landscaping, any equipment shelters, utility connections, and any fencing proposed to enclose the facility. d. A copy of the design specifications, including proposed colors, and /or elevation of an antenna array proposed with the facility. e. An elevation drawing of the facility and a photographic simulation of the facility showing how it would fit into the landsca ' e. f. A copy of a letter of determination from the Federal Aviation Administration or the Oregon Department of Transportation - Aeronautics Division as to whether or not aviation lighting would be required for the proposed facility. B. Approval Criteria: An application for a amateur radio facility will be approved upon findings that: 1. The facility is sited using trees, vegetation, and topography to the maximum extent practicable to screen the facility from view of nearby residences. 2. An amateur radio facility located in an LM Zone is no taller than 30 feet. Amateur radio facilities shall not be sited in locations where there is no ve etative structural or to i o . ra hic screenin available. 3 Proposed Amateur Radio Text Amendment Table (Bold and underline are proposed additions) Will be converted to exhibits to Ordinance 2007 -010 following Board Public Hearing. Original Amateur Radio Streamline Version Planning: Commission:.+ co m .en t anon' 3. In all cases, the applicant shall site the facility in a manner to minimize its impact on scenic views and shall site the facility using trees, vegetation, and topography in order to screen it to the maximum extent practicable from view from protected roadways. Amateur radio facilities shall not be sited in locations where there is no vegetative, structural or topographic screening available. 4. Any approval of a amateur radio facility shall include a condition that if the facility is left unused or is abandoned by all amateur radio facilities providers located on the facility for more than one year the facility shall be removed by the landowner. 5. Antenna support structures, not including guy wires and anchors, shall be located outside of required front, rear and side yard setbacks. 6. Metal structures shall have a galvanized finish, or flat or matte silver, or flat or matte gray in color. 7. Amateur radio facilities shall not include attached signage, symbols, or decorations, lighted or otherwise, other than required unlighted signage for safety or regulatory purposes 8. The property owner shall obtain a valid building permit if required from the Deschutes County Community Development Department, Building Safety Division. 9. The property owner has demonstrated compliance with applicable Federal Communications Commission (FCC), Federal Aviation Administration (FAA), and Oregon Department of Aviation (ODA) restrictions. Compliance may be demonstrated by submitting true copies of the FCC's, FAA's, and ODA's written determination to the Deschutes County Community Development Department, Building Safety Division at time of application for a building 1 ermit and 10. The property owner has a current, valid FCC Amateur Radio License for the operation of amateur ( "Ham ") radio services in the name of property owner. Compliance may be demonstrated by 4 Proposed Amateur Radio Text Amendment Table (Bold and underline are proposed additions) Will be converted to exhibits to Ordinance 2007 -010 following Board Public Hearing. Original Amateur Radio Streamline 'Version Planning Commis on Recommendation submitting a true copy of the property owner's Amateur Radio License to the Deschutes County Community Development Department, Building Safety Division at time of application for a building permit. 18.04.030. Definitions. As used in DCC Title 18, the following words and phrases shall mean as set forth in DCC 18.04.030. "Amateur Radio Facilities" means the external, outdoor structures associated with amateur radio services. This includes antennae, masts, towers, and other antenna support structures that consist of solid tubular or open lattice metal structure not exceeding 25 inches on average in diameter or face width. "Amateur ( "Ham ") Radio Services" means radio communication services, including amateur - satellite service and amateur service, which are for the purpose of self - training, intercommunication, and technical investigations carried out by duly licensed amateur radio operators solely for personal aims and without pecuniary interest, as defined in Title 47, Code of Federal Regulations, Part 97 and regulated there under. 18.04.030. Definitions. As used in DCC Title 18, the following words and phrases shall mean as set forth in DCC 18.04.030. "Amateur Radio Facilities" means the external, outdoor structures associated with amateur radio services. This includes antennae, masts, towers, and other antenna support structures that consist of solid tubular or open lattice metal structure not exceeding 25 inches on average in diameter or face width. "Amateur ( "Ham ") Radio Services" means radio communication services, including amateur - satellite service and amateur service, which are for the purpose of self - training, intercommunication, and technical investigations carried out by duly licensed amateur radio operators solely for personal aims and without pecuniary interest, as defined in Title 47, Code of Federal Regulations, Part 97 and regulated there under. 5 Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701 -1960 (541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.org BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., MONDAY, JANUARY 28, 2008 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend 1. CITIZEN INPUT This is the time provided for individuals wishing to address the Board, at the Board's discretion, regarding issues that are not already on the agenda. Citizens who wish to speak should sign up prior to the beginning of the meeting on the sign -up card provided. Please use the microphone and also state your name and address at the time the Board calls on you to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject of a public hearing will NOT be included in the record of that hearing. 2. CONSIDERATION of Signature of Document No. 2008 -011, an Intergovernmental Agreement with the City of Redmond regarding Inspection Services — Tom Anderson, Community Development Department 3. CONSIDERATION of Signature of Document No. 2008 -042, Authorizing Partial Release of Improvement Agreement Bonds for Caldera Springs Real Estate — Will Groves, Community Development Department 4. A PUBLIC HEARING and Consideration of First Reading of Ordinance No. 2008 -008, Amending Code regarding Mini - Storage Facilities in Rural Commercial Areas — Kristen Maze, Community Development Department 5. A PUBLIC HEARING on an Appeal (File #A- 07 -21) of the Hearings Officer's Decision Revoking Land Use Approvals for the Construction of a Dwelling (Applicant: Peery) — Anthony Raguine, Community Development 6. A WORK SESSION to Discuss Proposed Code Amendments in regard to Amateur Radio Facilities — Kristen Maze, Community Development Departmen, 7. ADDITIONS TO THE AGENDA Board of Commissioners' Business Meeting Agenda Monday, January 28, 20W, Page 1 of 7 Pages Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7 -1 -1 to access the state transfer relay service for TTY. Please call (541) 388 -6571 regarding alternative formats or for further information. FUTURE MEETINGS: (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388- 6572.) Monday, January 28, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Tuesday, January 29, 2008 1:00 p.m. Commission on Children & Families' Update Wednesday, January 30, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) 5:30 p.m. Meeting with DEQ and DLCD regarding South County Groundwater Issues Thursday, January 31, 2008 8:00 a.m. Board of Commissioners' Goal Setting Meeting Monday, February 4, 2008 3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council) Wednesday, February 6, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Monday, February 11, 2008 10:00 a.m. Board of Commissioners' Meeting 12:00 noon Regular Meeting of Board and Department Directors 1:30 p.m. Administrative Work Session — could include executive session(s) Board of Commissioners' Business Meeting Agenda Monday, January 28, 200 Page 2 of 7 Pages Tuesday, February 12, 2008 9:00 a.m. Ore -Star Training 1:00 p.m. Drug Court Graduation (tentative), at Courthouse Wednesday, February 13, 2008 9:00 a.m. Meeting with Students at Redmond High School 10:00 a.m. Board of Commissioners' Meeting, at Redmond High School 1:30 p.m. Administrative Work Session — could include executive session(s) Friday, February 15, 2008 12:00 noon Community Affairs Council Town Hall Luncheon, at Mt. Bachelor /Touchmark Monday, February 181, 2008 Most County offices will be closed to observe Presidents' Day Tuesday, February 19, 2008 10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee Wednesday, February 20, 2008 1:30 p.m. Administrative Work Session — could include executive session(s) Monday, February 25, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, February 27, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Monday, March 3, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) 3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council) Board of Commissioners' Business Meeting Agenda Monday, January 28, 200 Page 3 of 7 Pages Wednesday, March 5 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, March 6, 2008 10:00 a.m. Regular Department Update — District Attorney 11:00 a.m. Regular Department Update — Community Development 1:30 p.m. Regular Department Update — Road Department Wednesday, March 12, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, March 13, 2008 7:00 a.m. Regular Meeting with the City of Redmond Council, Redmond Council Chambers 10:00 a.m. Regular Department Update — Mental Health Department 1:00 p.m. Regular Department Update — Health Department Monday, March 17, 2008 1:30 p.m. Administrative Work Session — could include executive session(s) Tuesday, March 18, 2008 10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee Wednesday, March 19, 2008 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, March 20, 2008 10 :00 a.m. Regular Department Update — Community Justice Friday, March 21, 2008 12:00 noon Community Affairs Council Town Hall Luncheon, at Mt. Bachelor/Touchmark Board of Commissioners' Business Meeting Agenda Monday, January 28, 200; Page 4 of 7 Pages Monday, March 24, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, March 26, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, March 27, 2008 9:00 a.m. Regular Department Update — Fair & Expo 11:00 a.m. Regular Department Update — Commission on Children & Families Monday, March 31, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, April 2, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, April 3, 2008 8:00 a.m. Regular Meeting with Sisters City Council, at Sisters City Hall Monday, April 7, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) 3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council) Wednesday, April 9, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Board of Commissioners' Business Meeting Agenda Monday, January 28, 200 Page 5 of 7 Pages Thursday, April 10, 2008 12:00 noon Audit Committee Meeting Tuesday, April 15, 2008 10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee Wednesday, April 16, 2008 1:30 p.m. Administrative Work Session — could include executive session(s) Friday, April 18, 2008 12:00 noon Community Affairs Council Town Hall Luncheon, at Mt. Bachelor/Touchmark Monday, April 21, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Tuesday, April 22, 2008 7:00 a.m. Bend Chamber of Commerce Forecast Breakfast, Bend Country Club Wednesday, April 23, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Monday, April 28, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, April 30, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Board of Commissioners' Business Meeting Agenda Monday, January 28, 200i, Page 6 of 7 Pages Monday, May 5, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) 3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council) Wednesday, May 7, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, May 8, 2008 7:00 a.m. Regular Meeting with the City of Redmond Council, Redmond Council Chambers Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7 -1 -1 to access the state transfer relay service for TTY. Please call (541) 388 -6571 regarding alternative formats or for further information. Board of Commissioners' Business Meeting Agenda Monday, January 28, 2008 Page 7 of 7 Pages