1986-15201-Minutes for Meeting June 11,1986 Recorded 8/6/1986V0 72 71.7
R(r t1w \ }
DESCi#UTES, COL3XTX,'—;TBOARD OF COMMISSIONERS/ BEND CITY COMMISSION
JUNE<<'li; X986"'JOINT WORK SESSION MINUTES
All three County Commissioners, Lois Bristow Prante, Laurence
A. Tuttle, and Dick Maudlin, were present. Also present were
Craig Smith, Deschutes County Planning Director; Chuck McGraw,
County Planner; John Hossick, City Planning Director; Rick Isham,
County Legal Counsel; Karen Green, Assistant Legal Counsel; State
Representative Tom Throop. City Commissioners Norm Schultz, Ruth
Burleigh, Craig Coyner III, and Jack Stevens, were all in
attendance.
Chairman Prante called the meeting to order at 7:35 P.M. She
explained that this is a work session only. No public input will
be taken at this time, however, public testimony will be taken
at the meeting on June 25.
' Craig Smith gave an update on the River Study, breifly recapping
events in the process to date. In May, they received the River
Study and letter from the River Task Force. The Staff report,
which was based on the River Study, addresses the Goal 5 analysis
of the river. It also includes proposed ordinances. The copies
of the ordinances they received tonight contain the recommended
changes to the goals and ordinances.
Mr. Smith then outlined the ordinances before the Commission
members at this time. One establishes the Deschutes Basin
Resource Committee, a committee dedicated to the long term
enhancement of the river. They would work to influence legislat-
ion and other policy making activities for the benefit of the
river.
The amendment to the zoning ordinances placed requirements upon
development of the river's hydroelectric resources. It was
suggested that prohibition of development be placed on certain
stretches of the river, and that any development be required to
put water back into the river. This ordinance also suggests that
any revenues generated by the facility be expended within the
district.
Another ordinance dealt with fill and removal activities along
the river.
At 7:50 P.M., Jim Powell arrived at the meeting.
There was some discussion regarding the ordinance which would
require rimrock setbacks of 20 feet in the Bend urban area and
200 feet outside of the urban area.
There will be hearings on two sets of documents, one of which
will be adopted by the City, and the other adopted by the County.
V
VOL 72 PAC,E 718
Karen Green then went through the eleven ordinances, explaining
what each of these does, amending PL -15 and PL -11 and the City
ordinances. Each of these issues has 2 ordinances, one relating
to the urban growth boundary, and one outside the urban growth
boundary. She noted that the River Study did not recommend
preventing hydro development anywhere. The staff report is a
Goal 5 Land Use Analysis. The staff report does not allow
development based on the issues addressed by the analyses,
such as resources and wildlife. Development is addressed from a
conditional use point of view. State law presently prohibits
siting of the development in certain areas. These ordinances
prohibit hydro absolutely in the upper reach of the river, except
Wickiup Dam. North of that they are allowed as a conditional
use, but they must be on an existing dam or diversion. The
conditional use criteria is very strict for siting a hydro
development. The criteria requires that the developer plan and
carry out the facilities in such a way that it does no harm to
the river, and to the extent that it can enhance the area. The
Planning Commission added in their last meeting the requirement
that the applicant submit a plan by which they declare what they
will do to conserve water and agree not to deplete the water,
that it would be put back into the stream. An agreement with the
County would also be required, whereby they would agree to carry
out all of the things in the water conservation agreement.
Craig Smith stated that he has been in contact with DEQ to
develop some specific standards for water quality. He antici-
pated that in about two weeks he would be able to recommend these
specific standards for water quality criteria.
There was some further discussion on the rimrock set -backs and
the visual impact on the river and the users of the river. The
rimrock ordinances as currently drafted impact those areas of
rimrock falling within 1/8 mile of the River.
There was also some general discussion regarding the conservation
easements to be used to provide access on privately owned parcels
of land along the river. The River Study identified public
access as a major concern on the river. Karen noted that the
Planning Commission was opposed to having any public access
provided by means of a conservation easement. They felt that
public access and conservation were not compatible. Some
members expressed concerns about liability issues that the
landowner may be incurring by signing such an agreement and the
possible lowering of property values. It was recommended by the
Staff and the River Task Force that conservation easements be
negotiated in the approval of any land use action. It was noted
that the County will not take title to the property, it's just an
easement.
JOINT WORK SESSION MINUTES: PAGE 2
2
CA
VOL 72 PAGE 719
Ordinances 86-056 and 86-058 address fill and removal activities
in and near the river. There is an existing law, addressing this
which is administered by the State, however, there is evidence
that this kind of fill and removal goes on in this County with no
permits. They have attempted to apply the State's program to the
County with the 'over and above the 50 cubic yards' designation.
This applies only to fill and removal within ten feet of the high
water line. No fill or removal will be allowed without a permit
from the County. They can approve these administratively. Karen
Green went through these criteria individually. It was noted
that the portion of the ordinance that states..."not to exceed 50
cubic yards, if a State permit is required", may be unenforcable
unless it's a very large violation. It may be very difficult to
determine the cumulative removal over the period of one year as
the ordinance requires.
Ordinance 86-063 creates the Deschutes Basin Resource Committee,
to identify where under State law there are impediments to
enforcing this system. The committee would designate a system of
programs to try to get the legislature to change these laws. She
went through the makeup of the membership on that committee.
This committee is intended to be advisory only, and would solicit
the assistance of people who have expertise in various areas
relating to the use of the river. Craig Coyner III recommended
that only one representative be appointed from the irrigation
districts.
Chuck McGraw then went to the overlay maps and explained those to
the Board. The overlays showed private and public ownership of
property along the river. He indicated areas where access was
needed.
Being no further business, the meeting adjourned at 8:52 P.M.
DESCHUTES COUNTY BOARD OF COMMISSIONERS
BRISTOW PRANTE, Chair
LAURENCE'A. VTTLE, Commissioner
LI , o isssioner
BOCC:ss
86-102
JOINT WORK SESSION MINUTES: PAGE 3