City of Redmond

EXHIBIT 3 1

Exhibit “B”

PROPOSED FINDINGS

REGARDING DESCHUTES COUNTY ORDINANCE 2016-008

CITY OF REDMOND TEXT AMENDMENT FILE NO. 711-16-000024-TA

AN AMENDMENT TO THE TEXT OF THE DESCHUTES COUNTY CODE

20.12.030, URBAN HOLDING 10 ACRE MINIMUM, UH-10 CONDITIONAL

USES, TO ADOPT CONSISTENT DEVELOPMENT STANDARDS FOR

WIRELESS AND BROADCAST COMMUNICATION FACILITIES IN THE UH-

10 ZONE (WBCF’s)

FILE NO. City of Redmond File No. 711-16-000024-TA

REQUEST: A legislative amendment to the Deschutes County Code Title 20,

Redmond Urban Area Zoning Ordinance Chapter 20.12.030:

UH-10, Conditional Uses, to add additional standards for wireless and

broadcast communication facilities (WBCF’s). This request creates

consistent standards for WBCF’s within the unincorporated areas of the

Redmond Urban Growth Boundary (UGB).

APPLICANT: City of Redmond

716 SW Evergreen Avenue

P O Box 726

Redmond, OR 97756

LOCATION: The proposal adds standards that would be applicable to all wireless and

broadcast communication facility development within the unincorporated

boundary of the City of Redmond consistent with current standards used

within the incorporated boundary of the City of Redmond.

STAFF: Deborah McMahon, Principal Planner

Heather Richards, Community Development Director

HEARINGS

BODY: The City of Redmond and Deschutes County Joint Management

Agreement authorizes the Redmond Urban Area Planning Commission,

Redmond City Council and the Deschutes County Board of

Commissioners to review this request.

DATE & TIME: Redmond Urban Area Planning Commission Hearing February 16, 2016 at

6:30 p.m.; Joint Redmond City Council, Deschutes County Board of

Commissioners Hearing February 23, 2016 6:00 p.m.

EXHIBIT 3 2

LOCATION: Redmond Urban Area Planning Commission Meeting - Redmond City

Council Chambers, 777 Deschutes Avenue, Redmond, Oregon

Joint Redmond City Council / Deschutes County Board of Commissioners

Hearing – Redmond City Hall 716 SW Evergreen Avenue, Redmond,

Oregon.

I. APPLICABLE CODE SECTIONS AND CRITERIA:

Deschutes County Code –

Title 20 Redmond Urban Area Zoning Ordinance

Chapter 20.12 Urban Holding Zone UH-10

Chapter 20.36 Amendments

Title 22 Procedures

Chapter 22.12 Legislative Procedures

Deschutes County/City of Redmond Joint Management Agreement

Deschutes County Comprehensive Plan

Redmond Urban Area Comprehensive Plan

Oregon Revised Statutes (ORS) – ORS 197.250, 197.610, 197.763.

Oregon Administrative Rule (OAR), LCDC, Division 15, Statewide Planning Goals

and Guidelines – OAR 660-012-0000

II. BACKGROUND & HISTORY: The proposed Development Code text Amendments

have been initiated legislatively by the City of Redmond – thus, the City is the applicant

through the authority provided in the Joint Management Agreement. The proposed

amendments are intended to respond to community concerns about development of

WBCF’s; provide a legally current update to the existing County code; to provide

affirmative direction for the establishment of WBCF’s; and, provide continuity for

development within the Redmond Urban Growth Boundary.

III. PROPOSAL: The request is for an amendment to the text of the Deschutes County

Code – Title 20 Redmond Urban Area Zoning Ordinance

Chapter 20.12 Urban Holding Zone UH-10, to add standards consistent with the current

City of Redmond Development Code for “Wireless and Broadcast Communication

Facilities” (WBCF’s). The new standards will be applicable to the entirety of the UH-10

zoned area within the unincorporated boundary of the City of Redmond.

EXHIBIT 3 3

IV. AREA DESCRIPTION: As stated above, this proposal (a Text Amendment to the

Deschutes County Code) is applicable to the entirety of the UH-10 zoned area within the

unincorporated boundary of the City of Redmond. Thus, the proposal will not include

any specific Comprehensive Plan or Zoning map changes.

V. EXHIBITS: The following exhibits make up the record in this matter:

1. Staff Report, including the Redmond Planning Commission

Recommendation of Approval

2. Proposed Ordinance

3. Proposed Findings and Conclusions included herein.

4. Proposed text to supplement Chapter 20.12 Urban Holding Zone UH-10,

Section 20.12.030, Conditional Uses

5. The proposed text for new Urban Holding Zone UH-10 Section, Section

20.12.090 Wireless and Broadcast Communication Facilities.

6. Notice to DLCD

7. Notice of Public Hearing “Bend Bulletin” (file).

VI. SUMMARY:

1. The request is for an amendment to the text of the Deschutes County Code – Title 20

Redmond Urban Area Zoning Ordinance Chapter 20.12 Urban Holding Zone UH-10, to

add standards consistent with the current City of Redmond Development Code for

“Wireless and Broadcast Communication Facilities” (WBCF’s). The new standards will

be applicable to the entirety of the UH-10 zoned areas within the unincorporated

boundary of the City of Redmond.

2. The intent of the proposal is to improve consistency of urban planning within the

unincorporated UH-10 zoned area of Redmond’s Urban Growth Boundary. Specifically,

the development standards for WBCF’s in the unincorporated areas of the UH-10 are not

the same as those currently used inside the City limits. This can lead to confusion and

inconsistent development patterns for lands intended for the future urban development of

new Redmond residential neighborhoods. Consolidation of the development standards

for the WBCF’s meets the intent of the Redmond Comprehensive Plan and Joint

Management Agreement and provide for improved clarity and ease of use.

3. The proposal will be applicable to the entirety of the area within the unincorporated

boundary of the City of Redmond – no amendments to the Comprehensive Plan and

Zoning Maps are proposed.

4. The findings, the proposed text for the WBCF standards, and supporting materials, all

demonstrate that the proposed Plan and Development Code amendments would be

consistent with the Statewide Planning Goals, the Redmond Comprehensive Plan, the

City Council Goals and other policies adopted by the City.

EXHIBIT 3 4

5. The criteria set forth in Deschutes County Code Title 20, Chapter 20.36.030 (Criteria

for Amendments) are addressed herein/below.

VII. FINDINGS AND CONCLUSIONS:

A. Deschutes County Code Title 20, Chapter 20.36.020 (Amendments) sets forth the

procedure and standards for an amendment to the text of the Code or to the adopted

Comprehensive Plan or Zoning map.

20. 36.020. Zone-Comprehensive Plan Amendments.

The Hearings Body shall hold a public hearing on a quasi-judicial zone change or

Comprehensive Plan amendment in accordance with the provisions of the Joint

Management Agreement.

Finding: The City of Redmond has published notice of the required hearings, February 16,

2016 and February 23, 2106 for the City of Redmond Urban Area Planning Commission, and

Joint Board of County Commissioners and Redmond City Council, respectively.

1. In conformity with all applicable State statutes;

Finding: The State statutes that directly apply to this application include ORS 197.610, Local

Government Notice of Amendment or New Regulation; ORS 197.250, Compliance with Goals

Required. The applicable Deschutes County standards and legislative processes were developed

in compliance with the applicable State Statutes listed above regarding noticing and public

hearings. Applicability of the Statewide Planning Goals is addressed in greater detail below –

those findings, incorporated by reference herein, show compliance with the applicable Statutes

listed above.

With regard to the Statutory noticing requirements referenced above, notice of the proposed

amendment has been provided to DLCD and advertised and distributed to the local newspapers

(public/media notice) as required by County Code and State Statute.

With regard to the Statutory public hearing requirements referenced above, this proposal is

legislative and not quasi-judicial in nature. Subsequently, the Planning Commission and

(ultimately) the Joint Board of County Commissioners (BOCC) and City Council’s public

hearing and review processes meet the statutory requirements for the purpose of the review.

Notwithstanding the Statutory requirements addressed herein, the Oregon Administrative Rules

(OAR) also implement the Statutes. The applicable Rules are addressed in the ensuing review.

Conclusion:

Based on the findings addressing code amendment criterion 1, the proposed Deschutes County

Code text amendment conforms to applicable State statutes.

EXHIBIT 3 5

2. In conformity with the State-wide planning goals whenever they are determined to be

applicable:

Finding: The proposed amendments do not directly implement a comprehensive planning

requirement of the Statewide Planning Goals, State Statutes or Administrative Rules – they do

not include provisions that are directly applicable to the substantive “land use” elements of the

Goals, but do fall within the “procedural” Statewide Planning Goal requirements applicable to

the development of land. Thus, the only applicable Statewide Planning Goals are Goals 1

(Citizen Involvement) and 2 (Land Use Planning). These are addressed below.

Goal 1- Oregon’s Statewide Planning Goals: Citizen Involvement.

To develop a citizen involvement program that insures the opportunity for citizens to be

involved in all phases of the planning process.

Finding: The Redmond Urban Area Planning Commission serves as the City’s formal citizen

advisory committee to fulfill Goal 1, and is made up of Redmond area residents. The City has a

long history and extensive record with regard to the desire to regulate WBCF’s. The public has

been involved through the opportunity to submit written testimony and or provide oral and

written testimony at noticed public meetings.

Public notices and agendas for Planning Commission, and Joint BOCC and City Council

meetings where the proposed amendments were discussed were provided. All documents were

available for the public review. Based on these actions, Oregon Planning Goal 1 for Citizen

Involvement has been met.

Goal 2- Oregon’s Statewide Planning Goals: Land Use Planning.

To establish a land use planning process and policy framework as a basis for all decisions and

actions related to use of land and to assure an adequate factual base for such decisions and

actions.

Finding: The City and County both have adopted Comprehensive Plans. Both plans provide

policies and implementation procedures for urban development as applicable within the

Redmond Urban Growth Boundary. The revised standards are necessary to regulate and guide

development of necessary WBCF facilities, but to do so in a manner where they are constructed

consistent with Redmond’s urbanization goals and with minimal adverse impact to future

residential neighborhoods.

The Redmond Planning Commission has determined that a factual policy basis exists to support

the proposed code amendments. The proposed amendments will better implement policies of the

current Redmond Comprehensive Plan and will provide clearer regulations for the City staff to

administer pursuant to the Joint Management Agreement. Based on these findings, the proposed

amendments meet Goal 2.

Conclusion:

Based on the findings addressing Code amendment criterion 2, the proposed Development Code

text amendment conforms to applicable Statewide planning goals.

EXHIBIT 3 6

3. In conformity with the Deschutes County and Redmond Comprehensive Plan, land use

requirements and policies:

Citizen Involvement.

To develop a citizen involvement program that insures the opportunity for citizens to be

involved in all phases of the planning process.

Finding: The Redmond Urban Area Planning Commission serves as the City’s formal citizen

advisory committee (as required by State Administrative Rule) and is made up of Redmond area

residents. The Planning Commission is formally recognized through City Code and was

appointed by the City Council. Pursuant to the Joint Management Agreement the Redmond

Planning Commission is the appropriate body to initially review the proposed text amendment

following the procedures outlined in Deschutes County Code Title 20 and 22. Thus, the

Redmond Planning Commission is the appropriate public review and recommendation body to

the City Council and BOCC to meet this Comprehensive Plan policy. All documents used to

conduct meetings and review the amendments were available for the public review.

The proposed amendments serve the following policies of Chapter 1 of the Deschutes County

Comprehensive Plan. Deschutes County Community Involvement Program Statewide Planning

Goal 1 requires a citizen involvement program with six components. The required components

and the primary methods of County implementation are described below.

 Citizen Involvement – Provide for widespread citizen involvement.

The Planning Commission acts as the committee for community involvement.

 Communication – Assure effective two-way communications between local officials and

citizens. This is accomplished through a variety of techniques, including newsletters,

email lists, display ads or mailings.

 Citizen Influence – Provide opportunities for citizens to be involved in all phases of the

planning process. Deschutes County Code Title 22 describes land use noticing and

procedures.

 Technical Information – Assure technical information is available in an understandable

form. Clearly written staff reports assure all information is available and

comprehensible.

 Feedback mechanisms – Assure that citizens get responses from policy makers. A

written record is maintained for all formal proposals and procedures ensure that those

who participate and request notification are notified of the decision.

 Financial support – Ensure adequate funding for the citizen involvement program.

Funding and staffing are maintained for the Planning Commission and for sending

required notices.

The list above describes the minimum requirements. Deschutes County takes a more active

stand, maintaining an updated website, holding public meetings around the County and reaching

out to the community.

The proposed amendments also serve the following Policies of Chapter 1 of the Redmond

Comprehensive Plan.

EXHIBIT 3 7

1. The City shall establish a citizen involvement program to provide for widespread citizen

involvement.

2. The citizen involvement program shall involve a cross-section of affected citizens in all

phases of the planning process.

3. The City shall assign the Redmond Urban Area Planning Commission as its officially

recognized committee for citizen involvement (CCI).

4. The City shall establish mechanisms to assure two-way communications between citizens

and elected and appointed officials.

5. The City shall provide the opportunity for citizens to be involved in all phases of the

planning process.

6. The City shall assure that technical information is available to citizens in an

understandable form.

7. The City shall assure that recommendations resulting from the citizen involvement

program shall be retained and made available for public assessment. Citizens who have

participated in this program shall receive a response from policy-makers.

8. The City shall allocate adequate human, financial and informational resources for the

citizen involvement program.

Land Use Planning

Land Use Statewide Planning Goal 2, Land Use Planning, requires a fact-based land use

planning process and policy framework to guide land use decisions. It requires comprehensive

planning that identifies issues and complies with Statewide Planning Goals.

Finding: Both Deschutes County and the City of Redmond have adopted Comprehensive

Plans that provide a policy framework for making land use decisions and meeting State law.

Pursuant to the Joint Management Agreement, the City of Redmond staff and Planning

Commission have provided opportunities for and have received input from Redmond residents

throughout the review process. Based on this input, the Planning Commission finds that the

proposed amendment and new development standards are necessary to implement the Deschutes

County and City of Redmond Comprehensive Plan. The Planning Commission has determined

that enough factual and policy basis exists to support the proposed text amendments. The

proposed amendments will better implement policies of both Comprehensive Plans and will

provide clearer regulations for the City staff to administer.

The proposed amendments serve the following policy of the Deschutes County Comprehensive

Plan.

Promote regional cooperation and partnerships on planning issues. Policy 1.3.10 Regularly

review intergovernmental and urban management agreements, and update as needed.

EXHIBIT 3 8

The proposed amendments serve the following policies of Chapter 2 of the Redmond

Comprehensive Plan.

Chapter 2 – Redmond Comprehensive Plan: Land Use Planning.

To establish a land use planning process and policy framework as a basis for all decisions and

actions related to use of land and to assure an adequate factual base for such decisions and

actions.

…

2. The plan shall be the basis for specific implementation measures. These measures shall

be consistent with and adequate to carry out the plans. Each plan and related

implementation measure shall be coordinated with the plans of affected governments.

3. All land use plans and implementation ordinances shall be adopted by the governing

body after public hearing and shall be reviewed and, as needed, revised on a periodic

cycle to take into account changing public policies and circumstances, in accord with a

schedule set forth in the plan.

4. Opportunities shall be provided for review and comment by citizens and affected

governmental units during preparation, review and revisions of plans and implementing

ordinances

5. To provide a sound basis for orderly and efficient urbanization by establishing proper

relationships between residential, commercial, industrial, public and open land uses, and

transportation uses.

Conclusion:

Based on the findings addressing the proposed text amendment criteria, the proposed

amendments conform to the Deschutes County and Redmond Comprehensive Plan, including the

implementing land use requirements.