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1991-22168-Minutes for Meeting July 24,1991 Recorded 7/26/199191-221cs 0107 0503 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS 26 x',1412;06 July 24, 1991 F� P FCC'L11# i ,! CLE11 Chairman Maudlin called the meeting to order at 10 a.m. Board members in attendance were Dick Maudlin and Tom Throop. Also present was Rick Isham, County Legal Counsel. 1. CONSENT AGENDA Consent agenda items before the Board were: #1, approval of implementation of the 1991-93 CYSC Comprehensive Plan; #2, signature of Supplemental Agreement 9572 with the State Highway Division and City of Redmond concerning improvements to the Redmond -Bend Section of The Dalles-California Highway; #3, signature of Order 91-093 vacating a portion of Gerking Market Road; #4, signature of Interagency Agreement with the Children's Services Division to provide detention services; #5, signature of Indemnity Agreement with Eastmont Church for The Eagles -Chuck Austin Memorial Run on 9/2/91; #6, signature of Order 91-095 changing the name of a portion of Edmonton Drive to Quebec Drive; #7, signature of Order 91-096 changing the road name of Read Road to Read Loop; #8, chair signature of liquor license renewals for Canyon Club Restaurant and Package Store at Eagle Crest, Black Butte Ranch Pro Shop and Lodge, LaPine Inn, LaPine Moose Lodge, Wood Mark Bowl in LaPine, and Glaze Meadow Golf Snack Bar; #9, appointments of Don Stevens and Ray Bennett to the Deschutes County Historical Landmarks Commission; #10, appointments of Jeff Bartol, Monet Bossert, Deborah Taylor and reappointment of John Schubert to Bicycle Advisory Committee; and #11, appointment of Ernest DeCorte to Deschutes County Extension Advisory Council. THROOP: I move the consent agenda with the one amendment on #1 to say that that should reflect approval of the plan. I'll move that. MAUDLIN: Second the motion. VOTE: THROOP: YES SCHLANGEN: Excused MAUDLIN: YES 2. CONTINUED PUBLIC HEARINGS: VACATIONS OF C.B. SWALLEY ROAD AND DESCHUTES NORTHWEST ROAD Before the Board were continued public hearings concerning the vacations of C.B. Swalley Road and Deschutes Northwest Road. Chairman Maudlin suggested opening the continued public hearings for further testimony, and then denying the vacations PAGE 1 MINUTES: 7/24/91 A 107 0504 until such time as all of the necessary preparations were finished. Then the process would have to start over from the beginning. Chairman Maudlin opened the continued public hearing for testimony. There being no one who wished to testify, the public hearing was closed. THROOP: I'll move denial of the vacation of the C.B. Swalley Road and also denial of the vacation of the Deschutes Northwest Road. MAUDLIN: I'll second the motion. VOTE: THROOP: YES SCHLANGEN: Excused MAUDLIN: YES 3. MP -90-55 ON BILLADEAU ROAD Before the Board was signature of MP -90-55 creating three parcels in an RR -10 zone located on Billadeau Road southeast of Bend. THROOP: Move signature of MP -90-55. MAUDLIN: Second the motion. VOTE: THROOP: YES SCHLANGEN: Excused MAUDLIN: YES 4. "TOP OF OLD BEND" REPLAT Before the Board was signature of a City mylar for "Top of Old Bend" replat on Quincy Avenue for Barrett Best. THROOP: I'll move signature. MAUDLIN: Second. VOTE: THROOP: YES SCHLANGEN: Excused MAUDLIN: YES 5. WEEKLY WARRANT VOUCHERS Before the Board was approval of two batches of bills: (1) $133,620.98 for the current week and (2) $64,930.09 to be paid from the FY 90-91 budget. THROOP: I'll move approval subject to review. PAGE 2 MINUTES: 7/24/91 010'7 0505 MAUDLIN: Second. VOTE: THROOP: YES SCHLANGEN: Excused MAUDLIN: YES 6. MP -91-3 ON DESCHUTES MARKET ROAD Before the Board was signature of MP -91-3 creating two lots in an SR -2j Zone on Deschutes Market Road for the Muellers. THROOP: I'll move signature of the MP. MAUDLIN: Second the motion. VOTE: THROOP: YES SCHLANGEN: Excused MAUDLIN: YES 7. RESOLUTION 91-076 AMENDING RESOLUTION 91-072 Before the Board was signature of Resolution 91-076 amending Section 1 of Resolution 91-072 nunc pro tunc as of June 30, 1991, to correct an error in a budget line number in an appropriations transfer. THROOP: Move approval of the Resolution 91-076. MAUDLIN: Second the motion. VOTE: THROOP: YES SCHLANGEN: Excused MAUDLIN: YES Chairman Maudlin recessed the meeting until 10:30 a.m. Chairman Maudlin reconvened the meeting at 10:30 a.m. 8. PUBLIC HEARING: ORDINANCE 91-027 REGULATING OCCUPANCY IN PLANNED COMMUNITY ZONE Before the Board was a public hearing on Ordinance 91-027 regulating the occupancy of certain dwelling units in the Planned Community Zone. Chairman Maudlin opened the public hearing. Rick Isham said this ordinance had been in development for over one year. The ordinance would regulate the maximum allowable overnight occupancies in a short-term rental unit based upon the number of bedrooms (# of bedrooms x 2 plus 2 = maximum overnight occupancy). Children under age four would PAGE 3 MINUTES: 7/24/91 010'7 0506 not be considered as a rental occupant. It would require that each unit have the maximum occupancy posted in a conspicuous location, and that renters be notified of the maximum occupancy of the unit they were renting. The ordinance would provide for infraction penalties (Class B unless someone with actual knowledge and intent violated the ordinance which would be a Class A infraction). There were no licensing requirements in the ordinance, but it might be considered in the future. Although any person designated as a code enforcement officer could issue a citation, it would generally be done by the Sunriver Public Safety Officers, who were sworn special deputies of the Deschutes County Sheriff. Michael Levin, General Manager of the Sunriver Owners Association, PO Box 3684, Sunriver, testified in favor of the proposed ordinance. He submitted a letter dated June 20, 1991, from the Sunriver Vacation Rental Managers Association in support of the ordinance. On behalf of the Board of Directors and the membership of the Sunriver Owners' Association, he expressed gratitude to the Board for considering this ordinance. They recently completed a demographic study to determine how many people were utilizing Sunriver so they could better plan for emergency evacuations and future recreational facilities. By passing this ordinance, they would be able to determine how many possible beds there were in Sunriver and to help control the growth of Sunriver. He said there were currently homes in Sunriver which were sleeping well above what they were designed for, i.e. three bedroom homes sleeping 21 people. Their biggest goal was to communicate and to educate those people who allowed their homes to be used by paying renters or on a gratuitous basis that there was a limit to the occupancy of Sunriver. He felt this ordinance would help accomplish that. The task force that worked with the County on the development of this ordinance was satisfied that it not only dealt with those who were paying renters but also those people who were allowed to use the facilities on a gratuitous basis by the owner. He hoped that the Board would fully endorse this ordinance. Rick Isham clarified that the vacation management association had previously adopted similar guidelines to those set forth in this ordinance, so adoption of this ordinance would not require a significant change from their current practice. Mike Levin said that was correct. Chairman Maudlin asked if this ordinance applied to the Sunriver Lodge. Mike Levin said it applied to any overnight dwelling, including the lodge. Chairman Maudlin expressed concern that this ordinance would restrict some the lodge units which had bedrooms with two beds in them and a hide -a- bed in the living room. Mike Levin said that Ron Botts would PAGE 4 MINUTES: 7/24/91 0107 0507 speak on behalf of the lodge. He understood that those lodge units were really three bedroom condominiums with a sleeping loft (or a four bedroom) which would have a maximum occupancy of ten people under the proposed ordinance which he understood the lodge was comfortable with. Chairman Maudlin continued that a portion of the unit could also be rented (i.e. a bedroom with two beds and a living area and kitchen) and thought there would still be a limitation of four people in that unit under the proposed ordinance. Mike Levin said the intent was that the lodge condos be considered as three bedrooms with a loft regardless of the rental configuration with a maximum total occupancy of ten. Kenneth Ludlow, PO Box 3626, Sunriver, President of the Board of Directors of the Sunriver Owners Association read a letter dated July 24, 1991, endorsing the proposed ordinance. Their Board of Directors had unanimously endorsed this ordinance at their July 13, 1991, meeting. Ron Botts, 60290 Woodside Loop, Bend, 97702, Special Assistant to the President of Sunriver Properties Limited Oregon (dba Sunriver Lodge and Resort), testified in favor of the occupancy regulations. He said he was representing Sunriver Lodge and Resort and the Sunriver Vacation Rental Managers Association, of which he was a member of the Board of Directors. The association represented approximately 900 units which were being professionally managed and rented. For many years, they had imposed occupancy limits on the units they managed through the rental contract. Their goals were to be good stewards of the property they managed and good neighbors within the planned community zone. However, there were other rental managers doing business within Sunriver who regularly permitted their units to be over -occupied, and there were owners who rented their units through the Oregonian who had no idea of the actual number of occupants (i.e. college fraternities). In such situations, cars would be parked on the common area, neighbors would be disturbed and concerned, property would be over stressed and destroyed, and the owner would be out of the country and unavailable to deal with the problem. The same situation could occur when an owner loaned the unit to a nonpaying guest. They were seeking a standardized approach to occupancy control which would be enforced in all units when the owner of record was not present. He recommended approval of the ordinance. Concerning Chairman Maudlin's concerns, he said it was the association's position that they would have to question the property owners concerning their sleeping configuration, and then come to an understanding. Concerning the lodge accommodations, when a bedroom was rented by itself as a unit, there would be no more than two adults in that particular configuration. If they rented a suite with a loft and murphy bed in the living room, there would also be a separate PAGE 5 MINUTES: 7/24/91 ` 0107 0508 bathroom on the lower level, so the bathroom and murphy bed would be considered another "sleeping quarter". It was their view that they would not be able to place more than six adults in the suite itself which they felt was fair. There being no one else who wished to testify, Chairman Maudlin closed the public hearing. THROOP: I'll move first and second reading by title only of Ordinance 91-027. MAUDLIN: I'll second the motion. VOTE: THROOP: YES SCHLANGEN: Excused MAUDLIN: YES Chairman Maudlin performed the first and second readings of Ordinance 91-027. THROOP: I'll move adoption of Ordinance 91-027. MAUDLIN: Second the motion. VOTE: THROOP: YES SCHLANGEN: Excused MAUDLIN: YES DESC9hrop OUNTY BOARD OF COMMISSIONERS TomCommissioner �Vdzx� Nancy Pope Schlangen, Commissioner Di Maud in, Chairman BOCC:alb PAGE 6 MINUTES: 7/24/91