Loading...
1988-19217-Minutes for Meeting July 06,1988 Recorded 8/31/19880093 1558 88-1921'," ru DESCHUTES COUNTY BOARD OF COMMISSIONERS JULY 6, 1988 MEETING MINUTES Chairman Maudlin called the meeting to order at 0 OU Commissioners Prante and Throop were also in attendance. Consent Agenda Items MOTION: THROOP moved approval. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. Public Hearing on an Appeal of the Hearings Officer's Decision on CU -88-12, Relating to the Smith Rocks Mobile Home Estates Chairman Maudlin outlined the rules of the hearing. Mark Shipman, Community Development Department, gave the staff report, explaining that this was an application to alter or expand an pre-existing non -conforming use. The applicant wants to place two additional mobile home spaces in Smith Rock Mobile Home Estates. Roger Ellingson, counsel for the applicants (Richard and Sharon Phelps) came forward. He indicated that the Wilsons, Footes, Carol Sander, Bob and Avis Kirsher and Dick Beauregard were present. He stated that he did not intend to respond to each objection raised in previous testimony, stating that most involved personal problems with the owners and tenants by other surrounding property owners. he noted that those objecting reside on the other side of the mobile home park, and will not be impacted by the two new spaces proposed for the east side of the park property. He then submitted for the record letters from Bart Elliot and Ira Nelson, neighbors who do not object to the two proposed new sites. He went on to state that the neighbors objecting to the proposed expansion are neighbors who moved in after the mobile home park was in place. He also indicated that there were no objections formally submitted by the State Parks Division. He also stated that the state park creates the traffic problem in the area, and not the mobile home park. Mr. Ellingson stated that there is a significant need for additional mobile home spaces in the northern part of Deschutes County. He stated that it is best to keep mobile homes in the mobile home parks. He stated that HB 2259 requires comprehensive plans to include mobile home parks as AIQE 0 1 093t 1559 a form of needed housing. Mr. Ellingson submitted for the record a letter from the Bureau of Land Management. He indicated that a Central Oregon Regional Housing Authority staff member had told him there is a need for this type of housing. He stated that W. J. Bastian owns 40 acres directly across the road. Thirty-nine acres across the gorge is owned by this person. No comments from him were available. Mr. Ellingson stated that Mr. Phelps went down into the gorge 130 feet from the rim of the gorge to the river. His contention is that from the river as it is, there is no way you could see these mobile home sites. Ordinance 86-053 requires a 20 -foot setback from the rimrock which includes Crooked River. Assuming a 70 -foot mobile home is placed no closer than 40 feet to the rimrock, they are well within the approved setback limits. Additionally, they would be beyond the 100 -foot setback from the river. The Phelps have another five to six acres that could be developed. There would be no more than 45 mobile homes including existing sites plus additional property. The existing septic and water supplies are adequate for the expansion. They are proposing placing the two new sites in this area so that they can not be seen by any of the other neighbors. Mr. Ellingson mentioned that there has been a certain amount of testimony to the effect that there has been some fill and removal work being done on the rim, as well as some tree removal. It as also noted that there two sites would be of a different set-up than the others, they would be on larger parcels, not in the same rows. It was explained that this was because of the drainfield system. The water lines would have to be moved otherwise. Although these would be the premium spaces in the park, the owner plans to rent them for the same price. He noted that 78% of the residents of the park are senior citizens. There is presently one vacancy in the park. Mr. Ellingson stated that the Board had to make a finding of no adverse impact regardless of the use. Chairman Maudlin called for other testimony in favor on the application. Carol Sanders, owner of Cline Falls Mobile Home Park, 7915 Highway 26 West, Redmond, came forward. She stated that she had as many as seven calls in one week inquiring about spaces available in her park. She stated that there are a shortage of mobile home spaces in Deschutes County. She would like to see Deschutes County treat more PAGE 2 ( v 111693 i560 favorably the existing businesses. She also stated that she knows the Phelps personnally and knows they are conscientious and caring of others. Ray Foote, Desert Terrace Mobile Home Park, 5063 S. Highway 97, Redmond, came forward to testify in favor of the application. They have people living in RVs permanently because of the lack of housing in the area. He gets calls on a daily basis from people who are coming to the area for work but can't find a place to live. He stated that he is very much in favor of the proposed expansion. Evis Kircher, 9140 NE Crooked River Drive, Redmond, came forward. They are in the position of selling their home to a family member and just purchased one of the double wide mobile homes in the Smith Rock park. She also said that she would like to testify as a hiker. She hiked down to the floor of the canyon. She stated that anything anyone could see of the mobile home park is nothing but an asset. She cannot see the park from the canyon floor. She would like to see the application approved. Chairman maudlin called for further comments in favor. Hearing none, he called for comments in opposition. Mike Volk, 9988 NE Crooked River Drive, Redmond, came forward. He resides in the immediate area of the mobile home park. There is a mobile home set up temporarily with future plans to construct a house. His parents own the property. They object to the expanded development. They went over to the other side of the gorge and observed an area of fill approximately eight feet deep, 20 feet wide and 150 feet long. He showed the Board some photographs of the fill area. He also observed garbage that had fallen over the rim from the park into the gorge below. He also noted could be a hazard to mobile homes placed near the edge of the rimrock. Mr. Volk is a climber and has climbed at Smith Rocks since 1971. He stated that climbers and hikers from throughout the state nave remarked to him that they wonder why all the mobile homes are allowed to be placed near an area which attracts climbers from around the world. he also stated that people do look frequently at the other side of the gorge and the trailers are clearly visible. he stated that the State Parks Division is proposing to buy the gorge area. They are not interested in getting land above the rim, but they are interested in land within the rim area. Marla Gibson, 9990 NE Crooked River Drive, Redmond, came forward. She stated that this is an adverse impact and zoning issue. The MUA zone permits EFU-20 zone laws. This PAGE 3 C0693 1561 is a rural area. Due to the extensive problems they have had with the mobile home park residents complaining about the neighboring rural farm animals, they should not consider expanding the use because of the incompatibilities. They reside in the area so that they may have the animals near and neighbors at a reasonable distance. She doesn't feel that an expansion is justified and urged the board to issue a denial of the application. She also felt that the area needed to be protected as much as possible because of its value as a recreational resource. These would be the only buildings on the edge of the gorge, which has up to this point been left in its natural state. The only place that has garbage is the trailer park and the only please with structures on the edge is the trailer park. She telephoned the original owners of the park, Clayton and Bona Smith. Mr. Smith said that he developed the park to the extent that he felt it was safe, but he would not put trailers on the rim because of the instability of the rim. She then mentioned those neighbors who were also opposed to the expansion after getting further information. These are people who had initially signed the petition that was circulated in favor. Of those signing the petition, only three were nearby residents outside the mobile home park, only two were owner -residents. 34 are renters in the park and 14 are signatures of those not residing in the immediate area. Chairman Maudlin asked if there were any residents on the other side of the gorge. There were none. Chairman Maudlin asked for further comments in opposition. Hearing none, he called for brief rebuttal. Mr. Ellingson came forward to address comments made in oppostion. He stated that photographs that had been submitted showing trash were at the opposite end of the mobile home park from that proposed for expansion. The owners plan to plant trees which will screen the new sites from the gorge. He stated that there was not adequate evidence to show that cracks or geological formations posed a hazard to the proposed sites. He stated that the board had an opportunity to require the owners to move the trash and burning pile. Denial of the application will do nothing to remedy the problem. He acknowledged that there was some old fill in the area. He had a letter from the State Parks Division indicating no problem with the expansion. It is their job to make sure there are no future plans for acquisition. In response to Marla Gibson's testimony, Mr. Ellingson PAGE 4 6093 1562 stated that the proposed use will be no more incompatible than the mobile home park already is. He stated that Mrs. Rex lives two miles away. The building of a house and the existence of mobile homes contributes more to the suburbanization of an area than the mobile home parks. With respect to the placement of homes on the rim, right on the edge there are existing visible homes. He concluded saying that there is a great need for more low income housing in the area. Commissioner Throop asked about existing landscaping. There is no existing landscaping along the rim, but trees are between the existing mobile homes and the proposed mobile homes. Mr. Ellingson responded that they are willing to plant trees between the gorge and these two mobile homes. He urged the board to allow the mobile homes to go in and apply whatever conditions the board feels necessary. Mike Volk came forward. In reference to the lack of evidence of cracks in the rimrock or danger to proposed homes, he stated that there had been considerable fill on that side of the gorge which obscured the cracks from view. he had spoken to Pete Bond at the State Parks Division who indicated that it was their plan to acquire the gorge at a later date. Many people can see the mobile homes and the additional sites would be very visible. Marla Gibson came forward. She stated that the addition of people in a concentrated area is another consideration. She stated that there is already a conflict between the mobile home park residents and those neighbors who own animals. They get complaints now from the park residents about the animals. Hearing no further rebuttals, Chairman Maudlin closed the public hearing. He stated that several areas need to be addressed. Each of the commissioners will take into consideration the testimony and come back and make a decision at 10:00 A.M. on Wednesday, July 13. Discussion regarding Lazy River South Access Issue Commissioner Throop stated that at this time he does not have a recommendation, but wants to have an open discussion between the three board members regarding this topic. He stated that the proposed project, regardless of which option is chosen, would not be contracted out, but would be done in-house with county staff and equipment. The only external cost would be materials and supplies, mostly cinders and fill material. One consideration, if they go forward with PAGE 5 6693 '11563 this project, is what else doesn't get done because this project is pre-empting it. He noted that there were three options presented at the public hearing in LaPine. Larger support could be generated for the option from Bridge Drive southwest to Howard. Also, the public works director has stated that there is no way this road will be able to be hard surfaced this year. This option also provides that private land must be first acquired. The road will be brought to a cinder standard and in the next fiscal year they can see if funds will be available to put a hard surface on the road. The county would maintain the road and plow it. Additionally, this option would have no cost to the residents of Lazy River South. Commissioner Prante proposed that they go through with this option, since it would provide a second emergency access in a timely manner at no cost to the subdivision residents. Chairman Maudlin indicated his approval of the option as well. MOTION: THROOP moved that the Board approve the Option B which is Bridge Drive to Howard and that the road be constructed to cinder standards and be constructed this year and be maintained by the County until placed on the list to be paved. it would be left on the lsit of all County maintained cinder roads and when it comes up as a priority it will be hard surfaced. It will go on the criteria and be planned for priority. SECOND: PRANTE VOTE: UNANIMOUS APPROVAL. Discussion regarding Postponement of Foreclosure on Equestrian Meadows wih Tommye Flenniken Tom Flenniken, owner of Equestrian Meadows Subdivision was present. The county legal department would like to set a date for foreclosure, but he would like to have some additional time to try to sell these lots. He was present to request that the Board allow him to report back on September 30. Chairman Maudlin so recommended. MOTION: THROOP moved that Chair recommendation. SECOND: PRANTE VOTE: UNANIMOUS APPROVAL. Possible Adoption of Ordinance No. 88-027, Amending the Deschutes County Code Relating to Abatement of Dangerous Buildings MOTION: PRANTE moved that the first and second readings be by title only. PAGE 6 '90 1564 SECOND: THROOP. VOTE: UNANIMOUS APPROVAL. Chairman Maudlin so read. MOTION: PRANTE moved adoption of Ordinance 88-027. SECOND: THROOP. VOTE: UNANIMOUS APPROVAL. Possible Adoption of Resolution 88-048, Amending Resolutin 88-027, Fee Ordinance MOTION: PRANTE moved adoption of Resolution 88-048. SECOND: THROOP. VOTE: UNANIMOUS APPROVAL. Possible Signature of Minor Land Partition for S and H and Associates This item was removed from the agenda. Consideration of First Interstate Letter of Commitment regarding Lease -Purchase Financing for one Truck -Mounted Traffic Line Painting Striping Machine MOTION: PRANTE moved signature of First Interstate Letter of Commitment. SECOND: THROOP. VOTE: APPROVAL, MAUDLIN DISSENTING. Consideration of Weekly Warrant Vouchers MOTION: THROOP moved to approve subject to review. SECOND: PRANTE. VOTE: UNANIMOUS APPROVAL. Possible Signature of Ordinance No. 88-025, Chapter 8.04 of the Deschutes County Code and Resolution 88-045, Amending Resolution 88-027, both relating to the operation of Bed and Breakfasts MOTION: PRANTE moved first and second readings of Ordinance 88-025 be by title only. SECOND: THROOP. VOTE: UNANIMOUS APPROVAL. Chairman Maudlin so read. MOTION: PRANTE moved adoption of Ordinance 88-025. SECOND: THROOP. PAGE 7 6093 1565 VOTE: UNANIMOUS APPROVAL. MOTION: PRANTE moved adoption of Resolutin 88-027. SECOND: THROOP. VOTE: UNANIMOUS APPROVAL. Being no further business, the meeting was adjourned. DESCHUTES' CQQNTY BOARD COMMISSIONERS j L S B OW PRANTE, Commissioner r OOP,.Tco TOM THR 9mmissioner DICK MAUDLIN, Chairman BOCC/ss PAGE 8