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HomeMy WebLinkAboutSunriver Text Amendment Staff MemoCommunity Development Department Planning Division Building Safety Division Environmental Soils Division Maar F, 2'x" r w..;i.;M 33 3sf'...,.z:31 ' v P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ MEMORANDUM TO: Deschutes Board of County Commissioners FROM: Cynthia Smidt, Associate Planner DATE: September 2, 2014 if RE: TA -14-5, Wireless Telecommunications Facility in the Sunriver Community General District, Text Amendment Work Session SUMMARY The Deschutes Board of County Commissioners (Board) will hold a work session on September 10, 2014 and a public hearing on September 24, 2014. The Board will consider text amendment (TA) -14-5, proposed by Busch Law Firm, PLLC, for AT&T, to modify Deschutes County Code (DCC), Title 18, Section 18.108.120, Sunriver Community General (SUCG) District. The text amendment would add a new subsection listing "wireless telecommunications facility" as a use permitted conditionally. The Sunriver Urban Unincorporated Community Zone (UUC) has four Community zoning districts, including the SUCG, which provide public service and support to the Sunriver Resort, as called out in Deschutes County Comprehensive Plan.' These uses include schools, police and fire stations, nature center, recreation facilities, and public works facilities. The applicant indicates that wireless telecommunications facilities exhibit similar characteristics to those uses already permitted in the zone. The Deschutes County Planning Commission at a public hearing on July 24, 2014 reviewed the proposal. The Planning Commission recommended appoval as proposed by staff, and accepted by the applicant. PROPOSED TEXT AMENDMENT The proposed text amendment to DCC 18.108.120, Community General — CG District, would consist of adding a new subsection, subsection (B), for uses permitted conditionally. The SUCG includes a list of uses permitted outright but does not include any uses permitted conditionally. 1 The Sunriver UUC has four Community zoning districts, which include Community General, Community Recreation, Community Neighborhood, and Community Limited (SUCL). Quality Services Perlin -flied with Pride The amendment is contained in the submitted application materials (attached). The Planning Commission recommended approval of the amendment as proposed by staff, which includes using the listing for wireless telecommunications facilities that is consistent throughout the zoning ordinance and the Sunriver UUC, as shown below. The applicant agreed with the staff recommendation. B. Conditional Uses Permitted. The following uses may be permitted subject to DCC 18.128 and a conditional use permit: 1. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A). DISCUSSION The Sunriver Resort includes a mixture of residential, commercial, industrial, and community related uses within its boundaries. The SUCG is one (1) of 18 zoning districts included in the Sunriver UUC, and one of four Community Districts in the UUC. Sunriver Community zoning districts are primarily for public service uses that support all aspects of the Sunriver Resort, as noted in the Comprehensive Plan. Applicant states that adding wireless telecommunications facilities to the SUCG will continue to provide, if not enhance, the variety of support services allowed in that zone. Among the 18 zoning districts, only two allow wireless telecommunications facilities, Sunriver Utility (SUU) District and Sunriver Forest (SUF) District. The SUU-zoned properties are developed with sewage and water facilities. The SUF-zoned property provides Sunriver Resort with a sewage effluent storage and disposal area. The DCC provides for three tiers of wireless telecommunications facilities (DCC Section 18.116.250). Tier 1 facilities are permitted outright in most county zones. Tier 2 facilities are permitted with site plan review in specific zones but not the Sunriver UUC zone. Tier 3 facilities are all other facilities that do not qualify as Tier 1 or Tier 2 and are subject to the applicable criteria set forth in DCC Chapter 18.128, Conditional Use. The applicant is requesting Tier 3 facilities be allowed in the SUCG with a conditional use permit. REVIEW CRITERIA The proposed amendment revises DCC, Title 18, to allow wireless telecommunications facilities as a use permitted conditionally in the SUCG District. Deschutes County lacks specific criteria in DCC Titles 18, 22, or 23 for reviewing a legislative zoning text amendment. Therefore, the County must determine that the proposed Title 18 text amendment is consistent with state statute, the Statewide Planning Goals, and the County's Comprehensive Plan. The parameters for evaluating this text amendment are based on whether there are adequate factual findings that demonstrate this consistency. The proposed amendment satisfies the applicable statewide planning goals and state law. In addition, staff determined the proposed amendment is also consistent with the County's Comprehensive Plan. The Comprehensive Plan includes three policies accommodating public services and support uses in the Sunriver Community Districts. Uses permitted in the Community Districts reflect these policies and include police stations, fire stations, public works facility, library, community centers, recreational uses, and churches. Amending the SUCG to allow wireless telecommunications facilities would coincide with the theme of providing support services to the community. File No.: TA -14-5 Page 2 of 3 NOTICE Notice of the proposed text amendment was sent to several agencies and to all property owners within 250 feet of parcels zoned SUCG. One written comment was received (attached) expressing concern of the proposed amendment. STAFF RECOMMENDATION: Staff recommends that the Board; 1. Review and discuss the applicant proposed text amendment. 2. A public hearing is scheduled for Thursday, September 24, 2014. ATTACHMENTS: 1. Applicant's Text Amendment Application 2. Melissa Black letter dated July 6, 2014 File No.: TA -14-5 Page 3 of 3 MAY 1G 2014 CALIVERED BY: Community Development -Department Planning Division Building Safety Division Environmental Soils Division P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ PLAN/ZONE/TEXT AMENDMENT ZONE MAP AMENDMENT: FEE: PLAN MAP AMENDMENT: FEE: TEXT AMENDMENT:_X_ FEE: $5,000 Applicant's Name (print): Busch Law Firm, PLLC for AT&T Mailing Address: 93 S. Jackson St. #75604 Property Owner's Name (if different): N/A Phone: (360) 567-5574 City/State/Zip: Seattle, WA 98104-2818 Phone: ( ) Mailing Address: City/State/Zip: Property Description: Township N/A Range N/A Section N/A Tax Lot N/A Lot of Record? (state reason): Proposed zoning code change is county wide. Current Zoning: Proposed Zoning: Current Plan Designation: Proposed Designation: Applicable State Goals: Exception Proposed? Yes No Size of Affected Area: Acres INSTRUCTIONS FOR COMPLETING THIS APPLICATION: 1. Complete this application form including the appropriate signatures. If color exhibits are submitted, black and white copies with captions or shading delineating the color areas shall also be provided. 2. Include a detailed statement describing the proposal and how it meets all requirements of the appropriate State rules and statutes, and County codes and Comprehensive Plan policies. Text amendment applications must include the proposed language and the basis for the change. 3. If multiple properties are involved in this application, then identify each property on a separate page and follow with the property owners' signatures. We Gta d Se (/ P�s-a / p o yc e- {� 5 4. Submit the correct application fee. 5. Submit a copy of the current deed(s) for the property(ies). A PRE PLICAT • NAP • INT E IS REQUIRED FOR ALLAMENDMENTS Applicants Signature: �� )// B�SC-4 l I-7% Date: bitC/24 Property Owner's Signature (if different)*: Date: Agent's Name (if applicable): Meridee Pabst, Busch Law Firm, PLLC Phone: (425 ) 628-2660 Mailing Address: 93 S. Jackson St. #75604 City/State/Zip: Seattle, WA 98104-2818 *if this application is not signed by the property owner, a letter authorizing signature byg„a signing this application, the applicant understands and agrees that Deschutes County officers' fees prior to the application being deemed complete; and if the application is hea applicant will be responsible for the actual costs of the hearings officer. licant must be attached. By eposit for hearings earings officer, the 3/13 BUSCH LAW F t RM.PLLC May 15, 2014 Nick Lelack, Community Development Director Community Development Department Deschutes County, Oregon 117 NW Lafayette Avenue – P.O. Box 6005 Bend, OR 97708-6005 RE: Development Code Text Amendment DCC Chapter 18.108—Sunriver Community General Zone Dear Mr. Lelack, On behalf of AT&T, we ask that Deschutes County amend its zoning code governing the Sunriver community to allow for wireless telecommunications facilities as a conditional use in Sunriver's Community General (CG) zone. This amendment furthers the Sunriver policies of the Deschutes County Comprehensive Plan and Oregon's Statewide Planning Goals. The Sunriver Owners Association is supportive of the proposed amendment. Together with the County's Text Amendment application and this letter, we have submitted the proposed text amendment and the County's fee of $5,000. We did not include the County's other general submittal requirements (identification of specific properties, property owners' signatures, deeds, etc.) because they are not applicable to this proposal. Wireless Communications Facilities as a Conditional Use The proposed text amendment would apply to the CG zone in Sunriver, which is governed by DCC 18.108.120. The amendment would allow wireless telecommunications facilities (WCFs) in the Sunriver CG zone subject to a conditional use permit. Currently, the CG zone does not provide for any conditionally permitted uses. The proposed text amendment reads as follows: 18.108.120 Community General - CG (New Subsection B: J B. Conditional Uses Permitted. The following conditional uses may be permitted subject to DCC 128 and a conditional use permit: 1. Wireless telecommunication facilities. SEATTLE LOS ANGELES DENVER PORTLAND BEND 93 S. Jackson St. #75604 Meridee.Pabst@wirelesscounsel.com t 425.628.2660 Seattle, WA 98104-2818 www.wirelesscounsel.com f 206.219.6717 May 15, 2014 Page 2 This text amendment is also enclosed as a separate document. Review Criteria Deschutes County does not have specific criteria for reviewing this legislative zoning text amendment. But, the County may evaluate the proposal based on its consistency with the Sunriver Policies of the County's Comprehensive Plan and Oregon's Statewide Planning Goals. Deschutes County Comprehensive Plan: Sunriver Policies Sunriver is an Urban Unincorporated Community under the County Comprehensive Plan. It is primarily a residential and resort community, and it has its own public services that support these uses. The Community Districts designated within Sunriver are primarily developed with public service uses that support all facets of the community. Development includes the fire station, a community center, and public works facilities. Community Districts, including the CG zone, are primarily owned and administered by the Sunriver Owners Association. The proposed text amendment is in accord with the three polices specific to Community Districts in Sunriver under the County's Comprehensive Plan: Policies 4.4.19, .20, and .21. Policy 4.4.19: Areas designated community on the comprehensive plan map shall be designated community general, community recreation, community limited or community neighborhood district on the zoning map to reflect a development pattern which is consistent community uses and activities. Under the Deschutes County Code, the uses permitted outright in the CG zone include indoor and outdoor recreation, schools, utility substations, emergency services, community centers and churches, and residential. The addition of WCF's in the CG zone, as a conditional use, would allow for the improvement of wireless voice and data service where people live and gather. Policy 4.4.20: Lands designated community shall be developed with uses which support all facets of community needs, be they those of year- round residents or part-time residents and tourists. The population of Sunriver fluctuates significantly, depending on the season. The permanent population is estimated to be approximately 900 persons. But, according to and estimate by the Sunriver Owner's Association, the peak population in the May 15, 2014 Page 3 community is around 10,000.1 The addition of WCF's in the community would support the wireless service needs of year-round and part-time residents and tourists in Sunriver. Policy 4.4.21: Development shall take into consideration the unique physical features of the community and be sensitive to the residential development within which the community areas are interspersed. The "conditional use permit" requirement written into the proposed text amendment will allow the Planning Department to evaluate the appropriateness of each, individual WCF as proposed and make determinations regarding location and design given the particular characteristics of the immediate area. Statewide Planning Goals The proposed text amendment also fulfills the applicable Statewide Planning Goals and state law. Goal 1, Citizen Involvement, is to support citizen involvement in all phases of the planning process. This goal is satisfied through the County's text amendment process that includes a work session and public hearing with the County Planning Commission, followed by a public hearing with the County Board of Commissioners. (See DCC 22.12.010.) Goal 2, Land Use Planning, is to establish and adhere to land use planning processes and policies that support decisions grounded in fact. This goal is satisfied through the County's application process, which requires the applicant to submit this detailed statement describing the proposed text amendment and explain how it is consistent with applicable rules, statutes and policies. Goals 4, Forest Lands, is to conserve forest lands and protect the state's forest economy. The proposed text amendment provides for the addition of WCFs in the CG zone of Sunriver. This will not impact abutting forest lands. Goal 5, Natural Resources, is to protect natural resources, and conserve scenic and historic areas and open spaces. This goal is met through existing County zoning policies and regulations, including the conditional use permitting process for WCFs, which requires that an applicant proposing a WCF show that the WCF is sited in the least intrusive place feasible, and that it is designed to blend in with the surrounding environment and minimize any impact on scenic views. (See DCC 18.128.) 2 Deschutes County Comprehensive Plan 2011, Section 4.4 Sunriver, p.16. May 15, 2014 Page 4 Goal 6, Air, Water and Land Resources Quality, is to maintain and improve the quality of the air, water and land resource of the state. This goal is met because WCFs are unmanned and will not contribute any significant amount of emissions or water waste. Goals 8 and 9, Recreation and Economic Development, are to satisfy the recreational needs of citizens and provide economic activities vital to the prosperity of the citizens. These goals are met by existing County polices and regulations, and will be furthered by the proposed text amendment because it provides for the addition of WCFs in the CG zone of Sunriver, where people rely on wireless voice and data service where they work and play. Goals 10 and 11, Housing and Public Facilities and Services, are to provide for the housing needs of citizens and provide them with adequate public facilities and services. These goals are met by existing County polices and regulations, and will be furthered by the proposed text amendment because it provides for the addition of WCFs in the CG zone of Sunriver, where people rely on wireless voice and data service where they live, work and play. Goals 12 and 13, Transportation and Energy Conservation, are to provide and encourage a safe, convenient and economic transportation system, and to conserve energy. These goals are met by existing County polices and regulations, and will be furthered by the proposed text amendment because it provides for the addition of WCFs to support wireless voice and data service, thus allowing for communications and commerce to take place wirelessly. This minimizes the adverse environmental impacts of automobile traffic by reducing the need for physical transportation, and it facilitates the flow of goods and services. Goal 14, Urbanization, is to provide for an efficient transition form rural to urban land use and to provide for livable urban communities. People in urban communities increasingly rely on wireless services as their primary phone and internet tool. The proposed text amendment furthers Goal 14 because it provides for the addition of WCFs within the Urban Unincorporated Community of Sunriver. Conclusion Over the past several months, we have been working with the Deschutes County Planning Department and the Sunriver Owners Association to ensure that the proposed text amendment provides for the improvement of wireless services in Sunriver and fits with the citizens' vision for their community. As written, the proposed text amendment May 15, 2014 Page 5 achieves these objectives, comporting with the land use planning goals and policies of the State, the County, and Sunriver. We respectfully ask for your support of our proposal. Thank you for you consideration. We look forward to working with you through the code amendment process. Sincerely, Meridee E. Pabst Enclosures: Proposed text amendment Application form and fee cc: Jan Bans, AT&T External Affairs George Granger, AT&T External Affairs Kyla Powell, AT&T Legal Geri Roper, Area Manager, AT&T C&E West Kevin Harrison, Principal Planner, Deschutes County Ken Lyons, Jurisdictional Relations, Busch Law Firm BUSCHLAW E!l:MPLLC Deschutes County Code Section 18.108.120 Proposed Text Amendment: New Section B. 18.108.120. Community General - CG District A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright: [Uses listed not subject to proposed text amendment.] B. Conditional Uses Permitted. The following conditional uses may be permitted subject to DCC 128 and a conditional use permit: 1. Wireless telecommunication facilities. BC. Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally altered to exceed 30 feet in height. GD.Lot Requirements. The following lot requirements shall be observed: [Lot requirements listed not subject to proposed text amendment.] SEATTLE LOS ANGELES DENVER PORTLAND BEND 93 S. Jackson St. #75604 Meridee.Pabst@wirelesscounsel.com t 425.628.2660 Seattle, WA 98104-2818 www.wirelesscounsel.com f 206.219.6717 OPPOSITION TO AMENDING SUCG ZONING TO ALLOW WIRELESS TELECOMMUNICATIONS FACILITY AS A CONDITIONAL USE PERMIT July 6, 2014 Re: File number TA -14-5 To Whom It May Concern: I am the property owner of 24 Fremont Crossing (57178 Evergreen Loop) in Sunriver. I am opposed to AT&T's request to amend the SUCG zoning code to allow wireless telecommunication facilities as a conditional use. My home is within 250 feet of one of the properties that could ultimately be zoned for a cell phone tower. I strongly object to cell phone towers being placed near my residence for the following reasons: 1. I am concerned about harmful radiation emitted from cell phone towers at such a close range to my residence. I would never purchase a property that close to an existing cell phone tower for safety reasons, and the thought of one being placed within 250 feet of my residence is quite disturbing. 2. I am concerned that my property value will decrease due to a cell phone tower being placed so close to my property. My neighborhood (Fremont Crossing) is a newer arca of Sunriver containing high-end luxury condos. My opinion is that cell phone towers have no place that close to high-end .residential areas. 3. My property is in a rental program, often renting to families with small children. Concerns over health risks to small children may result in a loss of rental income resulting from families choosing not to rent (or re - rent) my home once they find out there is a cell phone tower within 250 feet of the place. 4. I believe industrial -looking cell phone towers are unsightly and will impact the'aesthetic appeal of Sunriver's natural beauty. I understand the motivations of the Sunriver Owner's Association in supporting the proposed amendment, and I understand this amendment is for conditional use only. However, I strongly urge rejection of any and all applications to allow wireless telecommunication facilities anywhere near residential areas of Sunriver. This can be accomplished by rejecting this current amendment request outright. Thank you for your time. Sincerely, Melissa Black PO Box 1891 Lake Oswego, OR 97035