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HomeMy WebLinkAbout2008-04-28 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, APRIL 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 Kristen Maze, Community Development Department; Tim Berg of Information Technology; Laurie Craghead, Legal Counsel; media representative Hillary Borrud of The Bulletin and a reporter from KOHD TV; and eight other citizens. 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 a Public Hearing and Consideration of First Reading of Ordinance No. 2008 -017, Amending Deschutes County Code to Recognize Geographic Information System Maps as Official Documents for Zone Map Classification. Kristen Maze stated that GIS information is used heavily by Community Development and is a big part of the County's website. Commissioner Luke asked if the information provided is up to date and how quickly changes can be made. Tim Berg replied that information regarding zone changes is reflected immediately after adoption by the Board. Laurie Craghead said that when there are zoning map changes, the legal descriptions take precedence. Chair Luke opened the public hearing at this time; being no testimony offered, he closed the hearing. Minutes of Board of Commissioners' Business Meeting Monday, April 28, 2008 Page 1 of 5 Pages MELTON: Move first reading by title only. DALY: Second. VOTE: DALY: Yes. MELTON: Yes. LUKE: Chair votes yes. 3. Before the Board was Consideration of First Reading of Ordinance No. 2008 -007, Amateur Radio Facilities Text Amendment. Ms. Craghead stated that it appears that this issue should be adopted by emergency, as the law needs to be in place so that any future towers can be properly permitted. This item will be addressed next week so that the emergency clause can be added. 4. Before the Board was Consideration of Signature of Document No. 2008- 171, an Amendment to the Improvement Agreement regarding Required Amenities at Pronghorn Destination Resort. Ms. Craghead asked that this be moved to the Wednesday, April 30 agenda. 5. A Work Session regarding Document No. 2008 -120, an Application for an Outdoor Mass Gathering Permit for an Event in Tumalo (Applicant: 4 Peaks Presents). As requested by the Board, Kristen Maze stated that she checked the status of the properties and all three have some of their property on farm deferral. In regard to the noise issue, Ms. Craghead distributed a handout for review. The applicant believes that the noise ordinance does not apply since the outdoor mass gathering provisions address noise separately. Ms. Craghead stated that if the sound is over 50 decibels, it can be too high if there are residences within that area. Legal Counsel for the Sheriff's Office and counsel for the applicant do not agree. Minutes of Board of Commissioners' Business Meeting Monday, April 28, 2008 Page 2 of 5 Pages Commissioner Luke said that up to 70 decibels would be allowed until 10 p.m. Ms. Craghead stated that it would also have to apply to the later time frame. Commissioner Melton said that Item D may come into play for this permit and not necessarily others. Ms. Craghead stated that the Board would have to allow this to apply to all events. Commissioner Melton observed that it is Other issues, such as open fires and the stage being closer than 1,000 feet to the neighbor's residence, are being addressed. The State statute is less that Around 92 e-mails have been sent in favor of supporting the event, and 10 against. Ms. Craghead stated that ORS 433.763 clarifies the steps for approval. She added the event includes setup and takedown and there will be fewer people during that time; those doing this work are to be included in the 3,000 total people allowed to the event. Commissioner Melton asked how flagging and traffic would be handled. Ms. Maze said that they have people handling parking and road issues. The road was shut down last year for a brief period of time to move equipment onto the land. Commissioner Luke stated that the Road Department issues permits to handle oversized equipment or whether the road needs to be closed. Dave Kanner stated that the number of certified flaggers is not stated. Ms. Maze said that the Road Department did not weigh in although they were informed of the event, and the Sheriff's Office did not comment on the number of flaggers needed. Ms. Maze stated that people were requested to use O.B. Riley Road since it has a more controlled access. Commissioner Luke suggested that the Sheriff's Office and Road Department be contacted to clarify how traffic and access will be handled. Commissioner Daly said that he got an e -mail today that said the Cascade Cycling Classic has a lot more impact than this event would. Commissioner Melton stated that her concern is not the nature of the event or the roads affected, but the use of EFU land for this purpose. Commissioner Luke expressed concern that the land is being used for non -farm purposes. Ms. Craghead replied that testimony was given that the land being used for the event is not land that is under farm deferral. She added that a higher insurance amount cannot be required as the limit is set by statute. Minutes of Board of Commissioners' Business Meeting Monday, April 28, 2008 Page 3 of 5 Pages Commissioner Melton said that she is concerned about the length, eight days due to setup and takedown. Commissioner Luke stated that he is not in favor of loud music being allowed after 10:00 p.m. Commissioner Melton said that she would like to see regulations regarding sound checks so everyone will know what to expect. The applicant has put in a lot of time and effort getting this to the Board and the right thing to do is to get a decision made as soon as possible. Ms. Craghead stated that they could have music five days in a row per the County, so it is not feasible to specific to state how sound checks are done; as long as they handle this within the allowed timeframe. Ms. Maze said that there will be construction noise during setup and takedown and there is 110 way to limit the number of days. Commissioner Melton asked if the permit can be made more restrictive in regard to sound checks; Ms. Craghead does not feel this is feasible under the current law. Commissioner Melton would like to see language that reflects the intent of the applicant. Commissioner Luke said that a broader policy discussion needs to be done at a later date in regard to events that take place on an annual basis. He is not sure that he wants to see this type of event taking place on a regular basis. Ms. Craghead stated that under State law this could occur as often as every three months. In regard to the stage, Ms. Craghead stated that it needs to be at least 1,000 feet from dwellings; this is a condition of approval. Ms. Maze asked for clarification regarding limiting the permit; Ms. Craghead said she does not think this can be done but will check into it. The Board would like to discuss this further at the Wednesday afternoon work session. Ms. Maze stated that the written record closes Friday, May 2 at 5:00 p.m. A decision would be made at the Monday, May 5 business meeting. 6. ADDITIONS TO THE AGENDA None were offered. Being no further items to come before the Board, Chair Luke adjourned the meeting at 11:00 a.m. Minutes of Board of Commissioners' Business Meeting Monday, April 28, 2008 Page 4 of 5 Pages DATED this 28th Day of April 2008 for the Deschutes County Board of Commissioners. ATTEST: (Pow(AAL Recording Secretary Dennis R. Luke, Chair Tammy Baney Michael M. Daly, Co ► issioner Minutes of Board of Commissioners' Business Meeting Monday, April 28, 2008 Page 5 of 5 Pages 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 DESCHLTTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., MONDAY, APRIL 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 cards 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. A PUBLIC HEARING and Consideration of First Reading of Ordinance No. 2008 -017, Amending Deschutes County Code to Recognize Geographic Information System Maps as Official Documents for Zone Map Classification — Kristen Maze, Community Development Department 3. CONSIDERATION of First Reading of Ordinance No. 2008 -007, Amateur Radio Facilities Text Amendment — Kristen Maze, Community Development Department 4. CONSIDERATION of Signature of Document No. 2008 -171, an Amendment to the Improvement Agreement regarding Required Amenities at Pronghorn Destination Resort — Paul Blikstad, Community Development Department 5. A WORK SESSION regarding Document No. 2008 -120, an Application for an Outdoor Mass Gathering Permit for an Event in Tumalo (Applicant: 4 Peaks Presents) — Kristen Maze, Community Development Department 6. ADDITIONS TO THE AGENDA Board of Commissioners' Business Meeting Agenda Monday, April 28, 200E Page 1 of 6 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, 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) 6:00 p.m. Public Hearing on Proposed Sunriver Mall Project, at Sunriver 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 Wednesday, May 14, 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, April 28, 2008 Page 2 of 6 Pages Monday, May 19, 2008 11:30 a.m. Regular Meeting of Commissioners and Department Heads — Meeting to include Budget Committee Members 1:00 p.m. Budget Meeting Tuesday, May 20, 2008 1:00 p.m. Budget Meeting Wednesday, May 21, 2008 1:00 p.m. Budget Meeting Thursday, May 22, 2008 1:00 p.m. Budget Meeting Friday, May 23, 2008 1:00 p.m. Budget Meeting Monday, May 26, 2008 Most County offices will be closed to observe Memorial Day Monday, May 28, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Monday, June 2, 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) Tuesday, June 3 through Friday, June 6 Association of Counties Spring Conference Board of Commissioners' Business Meeting Agenda Monday, April 28, 2008 Page 3 of 6 Pages Monday, June 9, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, June 11, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, June 12, 2008 9:00 a.m. Quarterly Update — Mental Health Department 10:00 a.m. Quarterly Update — Health Department Monday, June 16, 2008 1:30 p.m. Administrative Work Session — could include executive session(s) Tuesday, June 17, 2008 10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee Wednesday, June 18, 2008 10:30 a.m. Oregon Youth Challenge Graduation Ceremony Thursday, June 19, 2008 7:00 a.m. Bend Chamber of Commerce Legislative Policy Council Meeting 10:00 a.m. Quarterly Update — Juvenile Community Justice Monday, June 23, 2008 10:00 a.m. Board of Commissioners' Meeting — Includes Budget & Fee Schedule Public Hearings 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, June 25, 2008 10:00 a.m. Board of Commissioners' Meeting — Includes Budget & Fee Schedule Adoption 1:30 p.m. Administrative Work Session — could include executive session(s) Board of Commissioners' Business Meeting Agenda Monday, April 28, 2008 Page 4 of 6 Pages Thursday, June 26, 2008 9:00 a.m. Quarterly Update — Fair & Expo Center 11:00 a.m. Quarterly Update — Commission on Children & Families Monday, June 30, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, July 2, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, July 3, 2008 8:00 a.m. Regular Meeting with the City of Sisters Council, in Sisters Friday, July 4, 2008 Most County offices will be closed to observe the July 4th Holiday Monday, July 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, July 9, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, July 10, 2008 7:00 a.m. Regular Meeting with the City of Redmond Council, in Redmond 12:00 noon Audit Committee Meeting Board of Commissioners' Business Meeting Agenda Monday, April 28, 2008 Page 5 of 6 Pages Tuesday, July 15, 2008 10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee Wednesday, July 16, 2008 1:30 p.m. Administrative Work Session — could include executive session(s) Monday, July 19, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, July 21, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Monday, July 28, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, July 30, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Monday, August 4, 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, August 6, 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, April 28, 2008 Page 6 of 6 Pages 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/ Staff Report TO: Deschutes County Board of County Commissioners FROM: Kristen Maze, Associate Planner DATE: April 14, 2008 HEARING: April 28,, 2008 SUBJECT: Text Amendment TA -08 -1 Deschutes County Code Chapter 18.12 Establishment of Zones The Deschutes Board of County Commissioners ( "Board ") will hold a public hearing on April 28, 2008. The Commissioners will consider a text amendment for Deschutes County Code Section 18.12 Establishment of Zones: Specifically, section 18.12.030 recognizing geographic information system (GIS) maps as the official copy used by the Deschutes County staff and adding language to section 18.12.040 Zone Boundaries that identifies protocol for disputes regarding any zone map classification. Background This is a Deschutes County Community Development Department ( "CDD ") staff initiated text amendment. This amendment will identify in our existing code, section 18.12.030 Zoning Map, the use of the electronic map layer within the County GIS as the official map copies. Deschutes County's GIS program was started in 1991 when Road Department management suggested building a geographic information system to create and maintain Tax Assessor's Maps. The GIS program has evolved to a point where it routinely performs geographic analysis and creates different mapping products for multiple county departments. Today's technology has put GIS capability on user desktops easily and economically for County staff as well as community users. Today our GIS program operates under the Community Development Department and is vital to staff's mapping knowledge and efficiency. This amendment will recognize our current mapping process. The Deschutes County Clerk's office will continue to record and maintain all permanent media pertaining to zoning and comprehensive plan maps. All amendments will also be recorded and maintained with the County Clerk. The updated and amended mapping will be reflected in the GIS electronic maps CDD staff accesses daily. Quality Services Performed with Pride Staff has found this amendment to be consistent with Deschutes County's Comprehensive plan and the County's existing land use mapping process. Draft Text Amendment The proposed text amendment outlined in the attached Ordinance are underlined for new language and shown as str-ikethr-augh for deleted language (Attachment 1). These proposed tex: changes have been reviewed by the County Clerk and the County Legal Department. In addition to the amendment to section 18.12.030, staff is making typo corrections to section 18.12.010 and adding existing zone districts that are not included in the code. Language is proposed for section 18.12.040 Zone Boundaries, to address any disputes to the zoning classification of a property. Review Criteria & Findings The proposed amendment revises Deschutes County Code Title 18, Establishment of Zones. Deschutes County Tacks 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 amendments are consistent with the Statewide Planning Goals and the County's Comprehensive Plan. The parameters for evaluating these text amendments are based on whether there are adequate findings that demonstrate this consistency. For purposes of this discussion, the proposed amendments would satisfy Statewide Goal 1, Citizen Involvement, and Goal 2 Land Use Planning. • Goal 1 would be satisfied through our County text amendment process that includes a Planning Commission work session, followed by a Planning Commission public hearing, Board of Commissioners work session and public hearing. • Goal 2 was reviewed for compliance. The text amendment meets the intent because it would have no effect on Deschutes County Comprehensive Plan goals and policies because the current Comprehensive Plan does not address the County mapping designations. Staff intends to address the Comprehensive Plan designation and mapping in the proposed Comprehensive Plan Update currently under consideration. The Deschutes County Code Chapter 18.12 Establishment of Zones would be the only regulation that requires amending at this time. • The other Statewide Goals 3 through 14 were reviewed and are not applicable to this text amendment proposal because it simply addresses Deschutes County codification of the electronic mapping as official copies to the permanent media maps recorded in the Clerks office. Recommendation Staff recommends that the Board; 1. Listen to testimony from the public 2. Review and approve the proposed Ordinance 2008 -017. Attachments: 1. Establishment of Zones Ordinance 2008 -017 and Exhibits Chapter 433 Disease and Condition Control; Mass Gatherings; Indoor Air Page 51 of 59 circulation in the county or, if there is none, it shall be posted in at least three public places in the county. (5) Any decision of a county governing body on an application for a permit to hold an outdoor mass gathering may be appealed to a circuit court for the county as provided in ORS 34.020 to 34.100. (6) A county governing body may charge permit applicants a fee reasonably calculated to reimburse the county for its reasonable and necessary costs in receiving, processing and reviewing applications Or permits to hold outdoor mass gatherings. However, a fee authorized by this subsection shall not exce■ d $5,000 and shall not be charged when the governing body finds, by a preponderance of the evidence presented to the governing body, that the applicant is unable to reimburse the governing body. [ 1971 c.597 §3; 1985 c.758 §4; 1993 c.779 §1] 433.755 Additional information required before permit issued; liability of permit holder; casualty insurance; county as additional insured. (1) In reviewing an application for a permit to held an outdoor mass gathering, the county governing body may require such plans, specifications and reports as it may deem necessary for proper review and it may request and shall receive from all publ c officers, departments and agencies of the state and its political subdivisions such cooperation and assistance as it may deem necessary. If the county governing body determines upon examination of tl e permit application that the outdoor mass gathering creates a potential for injury to persons or property, the county governing body may require organizers to obtain an insurance policy in an amount commensurate with the risk, but not exceeding $1 million. The policy of casualty insurance shall provide coverage against liability for death, injury or disability of any human or for damage to property arising out of the outdoor mass gathering. The county shall be named as an additional insured under the policy. (2) In the event of failure to remove all debris or residue and repair any damage to personal or real property arising out of the outdoor mass gathering within 72 hours after its termination and to remove any temporary structures used at the outdoor mass gathering within three weeks after its termination, the county governing body may file suit against the organizer for financial settlement as is needed to remove debris, residue or temporary structures and to repair such damage to real or personal property of persons not attending the outdoor mass gathering. The organizer shall be wholly responsible for payment of any fines imposed under ORS 433.990 (7). [1971 c.597 §4; 1985 c.758 §5; 1993 c.779 §2; 2001 c.104 §158; 2007 c.445 §3 3] 433.760 Rulemaking authority. Notwithstanding any other provisions of law, the Department of Human Services shall, in accordance with the provisions of ORS chapter 183, make rules regulated according to anticipated crowds with respect to health and safety at outdoor mass gatherings which provide for: (1) Adequate water supply, drainage and sewerage facilities; (2) Adequate toilet facilities; (3) Adequate refuse storage and disposal facilities; (4) Adequate food and sanitary food service, if supplied; (5) Adequate emergency medical facilities and communication systems; (6) Adequate fire protection; and (7) Adequate security personnel and traffic control. [1971 c.597 §5; 1981 c.82 §4; 1985 c.758 §8] 433.763 Compliance with land use regulations required; criteria for approval. (1) Any gathering of more than 3,000 persons itakr for ithin any three-month period and any part of "which is held in open spaces shall be a owed by a county planning commission if all of the following occur: (a) The organizer makes application for a permit to the county planning commission. (b) The applicant demonstrates to the county planning commission that the applicant has complied or can comply with the requirements for an outdoor mass gathering permit set out in ORS 433.750. http://www.leg.state.or.us/ors/433.html 4/28/2008 commonly described as dirt bikes, motocross bikes, trail bikes, enduro bikes and trail bikes which in operation make crackling or explosive noises that would disturb the sleep, comfort or repose of persons 30 or more feet away. "Unreasonably loud or raucous noise "' means: A. Motor vehicle noise which is louder or heard for a longer period than that produced by use in direct transportation by motor vehicles with mufflers supplied by the manufacturer with the vehicle, which disturbs, injures or endangers the comfort, repose, health, peace or safety of persons 30 or more feet away, if such noise is not emitted in order to make the motor vehicle move up to the maximum speed limit on public streets, roads, and/or highways for the purpose of direct transportation; or B. Noise, which violates the standards of the Environmental Quality Commission, adopted pursuant to ORS 467.030 which are not exempt under ORS 467.035 or permitted by a variance issued under ORS 467.060; C. The sounding of any horn or signaling device on any automobile, motorcycle, bus or other vehicle except as a reasonable signal required by the exigencies of vehicular or pedestrian traffic; the creation by means of any such signaling device of any sound which disturbs the sleep, peace, quiet, comfort or repose of other persons; the sounding of any such device for an unnecessary or unreasonable period of time; _a The playing, using or operating of any radio, musical instrument, phonograph, television set, tape recorder or other machine or device for the producing or reproducing of sound in such a manner as to disturb the sleep, peace, quiet, camfc =.��r ;. `of other persons, or at any time with louder volume than is necessary for convenient person or persons who are in the room, vehicle or chamber in which the machine or devi ateel and others who are voluntary listeners thereto. The operation of any such machine or device in such a manner so as to be plainly audible to a peace officer at a distance of 50. feet frarn`the buildinikeetn, structure or vehicle in which it is located shall be- prima facie proof of a violation of DCC 8.08.040; E. Using, operating or permitting to be used or operated any mechanical or electrical loudspeaker or sound amplifier, either stationary or mobile, for producing or reproducing sound is cast upon the public streets or other public property. DCC 8.08.040 does not prohibit the reasonable use of mechanical loudspeakers or sound amplifiers in the course of noncommercial public addresses or emergency announcements required by public safety; provided however, that repetitive mechanically or electrically amplified political advertising shall not be allowed in zoned residential neighborhoods between 10:00 p.m. and 7:00 a.m. if it disturbs the sleep, peace, quiet, comfort or repose of persons more than 30 feet away; F. Yelling, shouting, hooting, whistling or singing on the public streets, between the hours of 10:00 p.m. and 7:00 a.m. or at any time or place so as to disturb the sleep, peace, comfort or repose of persons more than 30 feet away. DCC 8.08.040 shall not apply to applause and cheering at public meetings, lectures, sports events and shows held at schools, stadiums, auditoriums, churches, meeting halls, public parks and public playgrounds; G. The keeping of any animal which by frequent or long continued noise disturbs the sleep, peace, quiet, comfort or repose of persons more than 30 feet away; H. The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work, as a warning of fire or danger, or upon request of proper authorities; 1. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises there from; J. The use of any automobile, motorcycle or other vehicle so out of repair, so loaded, or in such a manner as to disturb the sleep, peace, quiet, comfort or repose of persons more than 30 feet away; K. The loading or unloading of any vehicle or the opening, closing or destruction of bales, boxes, crates and containers, so as to disturb the sleep, peace, quiet, comfort or repose of persons more than 30 feet away; Chapter 8.08 2 (06/2005) REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Title 18, of the Deschutes County Code to Regulate Amateur Radio Facilities and Declaring an Emergency. * * ORDINANCE NO. 2008 -007 WHEREAS, the Deschutes County Planning Division requested a text amendment to add provisions to regulate amateur radio facilities, and WHEREAS, notice of public hearing before the Board of County Commissioners ( "Board ") was included in the tax statements and mailed to all property owners within the unincorporated county; and WHEREAS the Planning Commission considered this matter after a public hearings on February 8, 2007 and February 22, 2007 and forward changes to the zoning regulations for amateur radio facilities to the Board; and WHEREAS the Board considered this matter after public hearings were held November 26, 2007 and February 25, 2008 and concluded that the public will benefit from changes to the land use regulations; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC 18.04.030, Definitions 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 str off#. Section 2. ADDITION. DCC 18.116.290, Amateur Radio Facilities, is added to read as described in Exhibit "B," attached hereto and by this reference incorporated herein, Section 3. AMENDMENT. DCC 18.120.040, Building Height Exceptions is amended to read as described in Exhibit "C," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strilietlifeugh Section 4. FINDINGS. The Board of Commissioners adopts as it findings in support of this amendment as in Exhibit "D" attached and incorporated by reference herein. /// PAGE 1 OF 2 - ORDINANCE NO. 2008-007 (4/28/08) Section 5. EMERGENCY. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect immediately, Dated this of , 2008 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: DENNIS R. LUKE, CHAIR TAMMY MELTON, VICE CHAIR Recording Secretary MICHAEL M. DALY, COMMISSIONER Date of 1St Reading: day of , 2008. Date of 2nd Reading: day of , 2008. Record of Adoption Vote Commissioner Dennis R. Luke Tammy Melton Michael M. Daly Yes No Abstained Excused Effective date: day of , 2008. ATTEST: Recording Secretary PAGE 2 OF 2 - ORDINANCE NO. 2008-007 (4/28/08)