1992-29842-Minutes for Meeting August 12,1992 Recorded 9/3/199201 6-0503
92-29842
MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONERS
August 12, 1992
j
Chairman Maudlin called the meeting to order at 10 a.m. Board
members in attendance were: Dick Maudlin, Tom Throop and Nancy
Pope Schlangen. Also present were: Bruce White, Assistant Legal
Counsel; George Read, Planning Director; Paul Blikstad, Planner;
and Rick Isham, County Counsel.
1. CONSENT AGENDA
Consent agenda items before the Board were: #1, signature of
Resolution 92-059 accepting petition to vacate a portion of
Camp Polk Road, and Order 92-080 accepting the Engineer's
Report and setting a hearing for September 23, 1992; #2,
signature of Resolution 92-060 accepting petition to vacate a
portion of 11th Street in Terrebonne, and Order 92-082
accepting Engineer's Report and setting a hearing for
September 23, 1992; #3, signature of Order 92-088 providing
for the sale of tax foreclosed property to the owner of record
and signature of Bargain and Sale Deed conveying property to
Mabel Schmidt; #4, signature of Order 92-087 providing for the
sale of tax foreclosed property to the owner of record and the
Bargain and Sale Deed conveying property to Steven L. Crane;
#5, signature of City of Bend Partition MP -4-91 on Purcell
Blvd. for Cleme Rinehart and Rene Verbrugge; #6, Chair
signature of liquor license renewals for Sunriver Marketplace,
Sunriver Country Mall, Champion's Restaurant and Sports
Lounge, Deschutes River Trout House, Vic's Tavern, Marcello's
Italian Cuisine, Deschutes Station, Lava Lake Lodge, LaPine
Hi -way Center, Ivy's Tumalo Store, and La Siesta Cafe in
Terrebonne; #7, signature of MJP-92-2 dividing a 242 -acre
parcel into two lots in an RL Zone (15 -acre parcel for new Elk
Meadow Elementary School in SE Bend); #8, appointment of
Bernadette Sorensen to Library Board of Trustees; #9,
signature of Indemnity Agreement for the Terrebonne Good Earth
Day Celebration; and #10, signature of final plat for
Ponderosa Estates Section Addition, a 13 -lot subdivision in an
RL Zone off SE 27th Street.
THROOP: Move approval of the consent agenda items 1-10.
SCHLANGEN: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
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0.119=0540
2. DECISION ON PACIFICORP APPEAL
Before the Board was the decision on the appeal by PacifiCorp
of the Hearings Officer's conditions on CU -92-61 concerning an
electric transmission line in the Bend Urban Area.
Bruce White said he had gone through the notice of appeal, the
Hearings Officer's decision, and felt the County's previous
decisions on CU -91-116 and SP -91-135 were relevant to the
Board's disposition in this matter. The Board previously
decided that it was proper to consider alternatives in
determining whether the line was located in the proper place.
The Board's decision stated that it was hampered in its
ability to make a decision because it didn't have the entire
line before it. In it's previous decision, the Board wanted
to consider alternative locations of the lines. This
application was for a single line to connect with the
PacifiCorp China Hat substation, and PacifiCorp admitted that
it did not solve their need for a "loop system." The Hearings
Officer felt he had an agreement with all parties to the
approach which he suggested, while recognizing that the
proposal was not a complete solution to the problem.
PacifiCorp then appealed, stating that the conditional use
criteria did not apply. The Board had already decided in its
previous decision that they did apply. PacifiCorp also
appealed stating that the County could not limit the duration
of a conditional use permit, and Bruce White said he agreed.
PacifiCorp appealed stating that the County couldn't require
revocation upon selection of a better route, and Bruce White
agreed with that also. However, he disagreed that alternative
routes were not relevant to the Board's decision. He
suggested that the Board could decide that this particular
route was not part of the overall solution but just a solution
to hook up to the China Hat Substation, or the Board could
decide they didn't have a complete application before it and
deny the application. He saw the alternatives as: (1) deny
the application as incomplete, (2) affirm the Hearings Officer
on the theory that PacifiCorp had agreed to the conditions;
(3 ) find that the Highway 97 route was appropriate for the
purpose of transmitting power to the China Hat substation, but
could not be considered as an overall part of the system, and
the applicant would run the risk that this route would be
determined not best in terms of the overall system; and (4)
find that the Highway 97 route was best suited to become a
part of that overall system and grant it without any
conditions.
Commissioner Throop said he understood people's "fear of the
unknown" which was why they were opposed to this appeal.
However, he felt PacifiCorp had requested a route that would
work, at least in the short term. The primary advantage to
this route was that it would give PacifiCorp the ability to
PAGE 2 MINUTES: 8-12-92
01-19-0541
link to the rocking horse road substation, however to solve
the systemic problem would require a second line. It was
possible that when PacifiCorp came in to make application for
the second line to finish the loop, the Highway 97 line might
not serve as a part of that loop. However he felt that
scenario was very unlikely and felt a line down Highway 97 was
probably the best of any alternatives he had seen. He felt
the Highway 97 route met the criteria, diminished impacts, and
provided the best available route for the community. He
requested that conditions 7, 8 and 9 be stricken from the
decision, and that PacifiCorp be allowed to move forward with
a line down Highway 97 connecting with the China Hat
Substation. He pointed out that this was a separate and
distinct action from what it would take to complete the loop.
Chairman Maudlin agreed with that analysis. He mentioned that
he had not heard anyone except PP&L testify against a
transmission line down Highway 97. All the others had
testified they were opposed because of concerns about where
the second line would be located to finish the loop.
Commissioner Schlangen agreed with the other commissioner's
statements and wanted conditions 7, 8 and 9 deleted. She
agreed there could not be a "conditional approval." After
reviewing the testimony from the previous hearings, she felt
that the Highway 97 route was acceptable to everyone except
PP&L. She suggested the citizen involvement take place in
locating the second half of the loop.
Commissioner Throop agreed that the Hearings Officer's
conditions concerning public involvement were more appropriate
for the second connection which would establish the loop. He
felt Highway 97 was a great location since it was an existing
utility corridor and wouldn't have any additional impacts. He
said there were a couple of possible routes to complete this
loop which he felt would not have a lot of citizen opposition,
i.e. second part of the loop on Highway 97, or to go south on
Highway 97 then to Forest Service land and then over to the
BPA corridor. He said the burden was on PP&L, if they didn't
want either of these alternatives, to find an alternate which
would work for the community.
Commissioner Schlangen disagreed that these two route were the
only routes available to complete the loop, and felt that was
where the citizen involvement would come into the process.
Bruce White asked if the Board was deciding that the proposed
Highway 97 route was the best route for all situations or just
to connect up to the existing substation? Commissioner Throop
said he thought they all agreed that this was the best route
to connect up with the existing substation, and that the Board
would not be in a position to make a value judgement on the
PAGE 3 MINUTES: 8-12-92
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4.
0 [9`0542
final loop until the application came before them. Again, he
felt it was likely that this route would be part of the final
loop configuration.
Bruce White said the Board had referred to testimony from the
previous public hearing, and asked if the Board wanted to
include everything from the previous denial into the record of
this hearing. The Board said they had considered the previous
testimony in making their decision, and therefore it should be
a part of the record.
THROOP: I'll move Board concurrence with the hearings
officer's decision with the exception of conditions
7, 8, and 9 which should be stricken from the Board
decision, and then also I want to make sure that
it's clear in the motion that the decision that we
had on the record should be considered when reading
this decision because we certainly peppered the
record in this decision discussion with what we
thought were the relevant issues and materials that
we wanted to carry on and support the decision.
SCHLANGEN: Second.
Bruce White asked if Paul Blikstad had any comments regarding
the conditions. Paul Blikstad asked about the suggested
conditions submitted by PP&L as part of their notice of
appeal. Commissioner Schlangen said those conditions were not
necessary. Chairman Maudlin said they were not applicable.
They were a proposed compromise, but the Board did not feel
they were needed.
Chairman Maudlin mentioned that a number of letters of
testimony had been received and were a part of the record.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
PERIODIC REVIEW - This item was postpone one week.
PUBLIC HEARING ON ORDINANCE 92-055 CONCERNING BUILDING HEIGHT
LIMITATIONS AND ADDING CHURCHES IN MUA-10 ZONES
Before the Board was a public hearing on Ordinance 92-055
amending height limitations in most zones in Title 18 and
providing for a land use process to exceed the 30 -foot limit;
and amending Title 18 to add churches to the conditional uses
listed in the MUA-10 zone.
Paul Blikstad said the intent of the Planning Commission was
to have uniform height restrictions in all appropriate zones
PAGE 4 MINUTES: 8-12-92
in the County. This would help the Community Development
Department deal with the public at the counter since they
would not have to look up anything to establish what the
building height would be. Also, since some fire districts in
the County had somewhat limited firefighting capabilities,
establishing a 30 -foot height limitation would help them fight
structural fires. These changes were recommended by the
Planning Commission.
Chairman Maudlin asked if this height limitation would apply
to all buildings. Paul Blikstad said yes, except those which
were specifically excepted in the ordinance, i.e. churches,
towers, chimneys, flag poles, and agricultural structures,
etc. In the EFU, MUA-10 and Forest zones, there were
currently no height restrictions, so if this ordinance were
adopted, a height restriction would be added to those zones.
Commissioner Schlangen asked if it would apply only to
residences and not farm -related buildings? Mr. Blikstad said
yes, however a shop, would not be considered an agricultural
building and would be limited to 30 feet. Paul Blikstad said
this ordinance would not cover property in the urban growth
boundary. Chairman Maudlin said Jan Ward had some property
south of China Hat Road which was RR -10 which he might want to
develop like a destination resort. What would happen if he
wanted to build a lodge over 36 -feet in height? George Read
said he would need to double check the ordinance, however, he
thought the County exempted, as part of the destination resort
combining zone, all of the set back and height requirement.
These would be determined at the time of the conditional use
permit during site plan review. He felt the destination
resort language was structured in such a way that those were
the only regulations which applied not the other underlying
regulations.
Bruce White said there were some typographical items which
needed to be corrected. He also had some concerns with the
Planning Commission recommendations in Section 10 on the last
page of the ordinance, exception B, "The proposed additional
height will not adversely impact scenic views from existing
nearby residents." He was concerned that there was no way to
measure this adverse impact. If this standard was not
workable, how would the County deal with it? Commissioner
Throop said he was concerned that this was not a clear and
objective standard, and asked how this language would make
this ordinance easier to administer. Paul Blikstad said that
when the Planning Commission recommended this language, he and
George Read felt it might not be workable. He said that
condition #4 might need to be struck since it was so
subjective.
Commissioner Schlangen asked why there needed to be uniform
height limits since in some zones there currently were no
PAGE 5 MINUTES: 8-12-92
0' 19-0514
height limits. George Read said the fire districts had
indicated that they couldn't fight fires in houses over a
certain height, which was listed as an issue in the natural
hazards section of the Comprehensive Plan. The County was
aware of the problem and by allowing houses which were taller,
the County was perpetuating the problem. He said for the last
12-13 years there was a 30 -foot height limit in the RR -10 zone
and a two-story limit. However, the County had allowed houses
which had an extra half story or in some cases three stories,
so the limit was not enforced since the people at the front
counter of the Community Development Department did not know
the rules well enough. Therefore, he felt it was important
that there be a clear standard. Originally it took a
conditional use in the urban area to go over 30 feet, so they
had proposed doing the same thing for rural zones to make it
consistent. However, he felt Bruce White was correct when he
indicated that the request to go over 30 feet should be an
exception instead of a conditional use. He said there were
several people waiting to apply for building permits pending
action on this ordinance and asked that the Board take some
action on the 30 -foot limit today. The permits waiting for
action were for houses which would exceed 30 -feet in height in
the Black Butte area.
Commissioner Throop asked why it wasn't good public policy to
have a 30 -foot height limit "out in the pucker brush." George
Read said they believed it was, however in certain
circumstances, i.e. in Black Butte where there were numerous
houses which exceeded the height limit, they felt exceptions
should be made. In the County, the height of the structure
used to be measured half way between the peak and the eve of
the house, while in the urban areas it was measured to the
tallest point of the house. When the ordinance was codified,
it was made consistent as the peak of the house. That
decision affected the height of the house especially a steep,
ridged house. When going through staff training, it was
pointed out that the height of the house definition was
changed and needed to be looked at closely. That's when it
came to light that there were houses 32-36 feet in height
being constructed, particularly in Black Butte. Sunriver had
a 32 -foot height limit. They had rejected building plans for
several houses which didn't meet the requirements, and the
owners were planning to reapply if this ordinance was changed.
He said the Planning Commission was not willing to just change
the height limit to more than 30 feet. They felt there should
be some review since there could be impacts on neighborhoods,
particularly on the smaller lots in the rural residential
zones. Historically, the height limit was 30 -feet, so people
had an expectation that buildings would be limited to that
height. Therefore, the Planning Commission felt there should
be at least an on-site review of requests for heights above 30
feet. Chairman Maudlin asked if anyone attended the hearing
PAGE 6 MINUTES: 8-12-92
0-7 905
on this issue at the Planning Commission. George Read said
yes, but just people in favor of the change. Commissioner
Throop asked if there would be an additional permit fee for
this height exemption review. George Read said there was not
currently a specific exception fee for this review, however he
understood when there was a new ordinance, a new fee could be
established by resolution. Chairman Maudlin said there was
also a solar setback ordinance which would affect how tall a
residence could be built. He suggested making the height
limit 36 feet with no exceptions. George Read said there was
testimony in the record from some fire departments stating
they could not fight fires in houses 36 -feet high, which was
why there was criteria which required that it be reviewed to
make sure the fire district could protect houses that tall.
Commissioner Throop asked if there were areas in the County
where the fire districts could not even handle the 30 -foot
height limit? Paul Blikstad said LaPine had a 25 -foot maximum
unless it was a split level building which could go up to
30 -feet.
Bruce White suggested a couple of changes in the language: In
B(3) on the last page, it needed to start with the word
"after," and he requested that the word "capabilities" be
changed to "requirements" in the last part of (3).
Chairman Maudlin suggested again that the height limit be
changed to 36 feet with not exceptions. Paul Blikstad pointed
to the testimony from fire districts regarding their inability
to fight fires at that height. Chairman Maudlin felt that any
pumper truck could shoot water 36 -feet high. Paul Blikstad
said their concern wasn't just getting the water to that
height, but their ability to get on the roof and evacuate
people from the top floor.
Chairman Maudlin opened the public hearing and asked for
testimony.
Rick Isham, Deschutes County Counsel said he wished to testify
as a citizen of the County. He had recently gone through the
process of building a home. Historically in the County, the
building height limit was determined by looking at the midway
point between the peak and the eves, so in areas like Black
Butte and Sunriver there were a lot of houses which were
between 32 and 40 feet in height depending on the roof pitch
and the way it was measured. There was also a problem
concerning a sloping lot where there was an issue about where
you would measure the height, particularly when the slope was
not equal on both sides of the house. Concerning the solar
ordinance, the County had a reasonable interpretation of its
ordinance to be the shadow off the north property line,
however the City of the Bend, with exactly the same language,
PAGE 7 MINUTES: 8-12-92
Q� [ q-OmAs
interpreted the ordinance totally differently. So it was
extremely frustrating for a home builder to determine how high
a home could be. He felt the solar ordinance which was
written in 1982 was "totally antiquated," didn't meet modern
needs, and should be reviewed and amended. Secondly, he felt
the issue of having distinctions and differences within the
approval process was a "prescription for failure." There were
common situations where new employees or employees answering
questions out of their field ended up giving incorrect advice
to people at the CDD counter. The public would then go out
and expend funds based on that erroneous information, then
later find out they couldn't build the structure. Making the
system more complicated by having a 30 -foot limit with
possibly a 36 -foot exception would only increase the
possibility of mistakes being made. The simpler the height
limit, the fewer mistakes would be made. By the time a
problem reached his office, a structure would have been built
which exceeded the height limit. For example: their plans
had been submitted and approved, the building was inspected
periodically during the building process, and they were never
notified that it was too high. Now their neighbors were
saying their house blocked the neighbors' mountain view. This
was the kind of situation which the County should not create
by having a complicated system. It should be simple and clear
so that any person would come to same conclusion in the field
when looking at a structure or a set of plans.
George Read said that part of the reason for this ordinance
change was to clarify the situation since there were 17
residential zones in Deschutes County many of which had
different height limitations. Every ordinance defined the
height of structures a little differently. This ordinance
would bring them all into conformance. The Planning
Commission had a problem with a height above 30 feet because
of fire district testimony, and they didn't expect houses
taller than 30 -feet in their neighborhoods when they purchased
their property, so they felt taller houses should be
regulated. The Planning Department did not want to regulate
views, and didn't regulate views anywhere else from people's
houses, however that was the Planning Commission's
recommendation.
Chairman Maudlin closed the public hearing.
Commissioner Throop said he would move adoption of this
ordinance as long as a fee was quickly established for the
exception. He said this would be a new Planning Department
responsibility which should be paid for by the individual who
was requesting the exception. Commissioner Schlangen said she
felt uncomfortable going forward with this ordinance since she
had just received the ordinance language that day.
PAGE 8 MINUTES: 8-12-92
0119-0547
Bruce White pointed out that in areas where dwellings were a
permitted use, if conditions 3 and 4 were left in the
ordinance, it would require notice to adjoining land owners,
and the associated costs would need to be paid by the
applicant. Commissioner Schlangen said she couldn't adopt the
ordinance with the language in B(4) regarding impacts on
scenic views. She felt most neighbors could find some reason
to object under this language.
Chairman Maudlin said the Board couldn't adopt the language he
would like without going back and holding more hearings.
Bruce White said that after their own review, the Board was
entitled to decide whether to adopt the Planning Commission's
recommendation or not.
Commissioner Throop said he and Commissioner Schlangen
differed over the language in B(4). He said he couldn't
support the ordinance without taking into account the impact
on neighboring properties. Commissioner Schlangen asked how
it could be done. Commissioner Throop said some County staff
would have to go on the site to make a determination. There
were a number of other planning tasks which required on-site
visits, and this would just be another one. Chairman Maudlin
said that County staff would be deciding not only whether it
would adversely impact scenic views but also what scenic views
were, and wondered how that could be done. Commissioner
Throop felt the Board had the alternative to stay with the
existing language or move to the new standard which provided
some level of protection for the fire departments and the
neighboring property owners. Commissioner Schlangen said she
didn't have a problem with B(3), but still didn't know how the
County would implement B(4).
THROOP: I'll move first and second reading by title only of
Ordinance 92-055. The only two changes would be
then in B(3) on page 8 which would be "After
consultation" and then "fire fighting
requirements."
SCHLANGEN: Second.
Commissioner Throop said inherent in the motion was
recognition that staff would be submitting a fee to fund this
new Planning requirement. Chairman Maudlin said that if it
weren't for the pending applications, he'd be voting no.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
Chairman Maudlin performed the first and second readings of
Ordinance 92-055 by title only.
PAGE 9 MINUTES: 8-12-92
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6.
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SCHLANGEN: Move adoption.
THROOP: Second the motion.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
ACCOUNTS PAYABLE VOUCHERS
Before the Board were accounts payable vouchers in the amount
of $146,833.42.
THROOP: Move approval subject to review.
SCHLANGEN: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
MP -91-43 IN PLAINVIEW
Before the Board was signature of MP -91-43 creating two 10 -
acre parcels zoned MUA-10 in the Plainview area.
SCHLANGEN: Move signature.
THROOP: Second the motion.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
ORDER 92=093 CONCERNINGINVESTMENT OF FUNDS FOR SCHOOL
DISTRICT #1
Before the Board was signature of Order 92-093 authorizing and
directing the investment of funds for Administrative School
District #1. The District had deposited $308,000 with the
Deschutes County Treasurer as a cash bond for an improvement
agreement related to MJP-92-2 in lieu of completing required
improvements under the partition approval. This order would
authorize and direct the Treasurer to invest the money in a
legal investment for the benefit of Administrative School
District #1.
SCHLANGEN: Move signature.
THROOP: Second the motion.
PAGE 10 MINUTES: 8-12-92
01119-05,415
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
8. APPEAL OF DECISION ON J BAR J BOY'S RANCH CONDITIONAL USE
APPLICATION
Before the Board was a public hearing on an appeal of the
Hearings Officer's decision on a conditional use permit
application for an equestrian activities facility at the J Bar
J Boys Ranch. Chairman Maudlin said that a number of letters
of testimony had been received and had been placed in the
record.
Chairman Maudlin opened the public hearing and asked for a
staff report. Paul Blikstad said the appeal was of the
hearings officer's decision on CU -92-40, a conditional use
permit for an equestrian event facility at the J Bar J Boys
Ranch on Hamby Road. The original application was for an
equestrian facility on the site with no specific number of
events during the year listed. As indicated in the Hearings
Officer's decision on page 4, the applicant had, in response
to neighbors' concerns, agreed to a condition that the
Michelob Classic would be the only equestrian event held on
the site. Item 7B on page 4 indicated that the Classic would
be held on Wednesday through Sunday on consecutive weeks of
competition to begin at 8 a.m. and be completed by 5:30 p.m.
except Sunday when open events would conclude at 4:30 p.m.
The applicant had appealed this decision based on their
interpretation of the ordinance that the Michelob Classic did
not fall under the conditional uses listed in the zoning
ordinance for the MUA-10 zone. Staff and the Hearings Officer
determined that it was similar to the uses listed in the
ordinance. The applicant had also contended that this
facility was not compatible with the uses on the surrounding
properties. The appellants contended that: (1) alcohol would
be served on the premises which would be inappropriate for the
J bar J Boys Ranch; (2) there had not be sufficient
information provided for septic facilities for crowds in
excess of 750 as well as for the horses; (3) there was no
mention of how the noise would be handled and whether it would
meet the County noise ordinance; (4) there was no information
on the traffic impacts, i.e. weight limitations and speed
limits; (5) there was no mention of the use of the permanent
facility on a year-round basis; (6) the site was not large
enough to accommodate the proposed use; and (7) they were
concerned that the site would be used for other purposes
beyond the Michelob Classic. Paul Blikstad said a phone call
had been received from an adjacent property owner to the
existing Classic site at the Stevenson Ranch. This person had
lived there for several years, and he stated that there had
been loud music originating from the Classic well into the
PAGE 11 MINUTES: 8-12-92
01-19-0550
evening on some weekend nights. He was also concerned about
roaming dogs, trespassers and litter from the Classic on his
property. Mr. Blikstad felt these issues needed to be
addressed by the applicant at this hearing. The Hearings
Officer approved the conditional use in his written findings
and decision of May 22, 1992, with some conditions: (1) event
to be held only in July every year; (2) allowing just one
permanent structure; (3) temporary facilities had to be placed
and removed before and after the Classic, i.e. bleachers; (4)
provide parking for 750 patrons and no on -street parking would
be allowed; ( 5 ) restricted generally to daylight hours with no
special lighting allowed; and (6) revising the site plan to
delete a road which was never intended in a particular
location.
Bruce White said the appellants had stated that the nature of
the facility went beyond what was allowed in this zone. In
reading the Hearing Officer's decision, he was confused about
what use the Hearings Officer found in the zone that this
event fell into. Paul Blikstad said it was under finding #1
on Page 4 in the staff report: "a semi-public use which is
defined as a structure or use intended or used for both
private and public purposes by a church, lodge, club or any
other non-profit organization." He also quoted (I) "Private
parks, playgrounds, hunting and preserve, campgrounds,
motorcycle tracks, rodeo or livestock arenas and other
recreational uses." Bruce White said it needed to fit within
one or the other. Paul Blikstad said it would be (I) then.
Bruce White said he could not see any findings in the Hearings
Officer's decision referring to (I). Paul Blikstad said he
had assumed the Hearings Officer had found it was covered in
( I) . He said when the Planning Commission had similar use
rulings before them, they had sometimes chosen more than one
listing in the ordinance. Bruce White asked if this was a
similar use ruling or was it found that the use came within
particular language. Paul Blikstad said in this case it was
found that it came within particular language in item (I). He
said the only reason he listed (B) was because it listed
nonprofit organizations which J Bar J Boys Ranch was.
Bruce White said the reason he was asking these questions was
because the County had another application being considered
dealing with what constituted a rodeo or livestock arena. So
he pointed out that these decisions should be consistent, and
should provide a definition for rodeo or livestock arena which
would "suffice for all situations." He asked whether any
consideration had been given to where the scope of physical
facilities fell within a rodeo or livestock arena. Paul
Blikstad said there was thought given to it, however the
Michelob Classic was an unusual case in that it was just one
event of short duration. Bruce White asked if it would
require any permanent, physical facilities? Paul Blikstad
PAGE 12 MINUTES: 8-12-92
0-1-119-0551
said none other than the proposed permanent structure which
would be used for classes or an office at other times during
the year. Bruce White said that building might fall under a
separate use than as a school and not as a part of this
particular use.
Chairman Maudlin asked for testimony from the J Bar J Boys
Ranch. Bruce White pointed out that usually the appellant
testified first. Alta Brady, for the ranch, said there was a
lot of background that she could give which might shorten the
hearing if she were able to testify first. Bob Lovlien, for
the appellants, said they had no problem with the J Bar J
representative testifying first.
Alta Brady, 1070 NW Bond, Bend, attorney and president for J
Bar J Youth Services, and testified that J Bar J Youth
Services was a nonprofit organization which included a
multitude of programs, i.e. Cascade Youth and Family Center,
Chaparral Runaway Service Project, Rosie Bareis Center for
Alternative School, Drug and Alcohol Prevention Program, Youth
Sex Offender Program in addition to the J Bar J Boys Ranch.
The ranch was located on 37 acres on Hamby Road in a MUA-10
zone. The ranch housed up to 24 boys at a time. The purpose
of the ranch was to provide these boys with school, counseling
and treatment, and it was a very successful program. Most of
their funding was public and would be affected by ballot
measure 5. Their other funding came from the Michelob
Classic. Since they would be losing some public funding, they
considered having the event at the ranch. In the past it had
taken place on the Stevenson Ranch, however that ranch was
being sold and could no longer be used. There were very few
facilities which could accommodate this type of event because
of the type of turf and grass necessary. They would have to
pay about $7,000 in rent to use another facility. At the
previous hearing, many of the J Bar J Ranch neighbors who came
to oppose the application changed their minds and supported
the application after hearing the presentation. She felt the
first hearing was able to alleviate a lot of the
misinformation and panic about what they were trying to do.
After reading the letter from the appellants' attorney which
set out the grounds for the objections she felt there was
still some misinformation out there. On page 2 of the
objections, it stated that the proposal was to place a
significant equestrian facility in a rural residential area
not an agricultural area. She said it was an agricultural
area since it was zoned MUA, and they were not proposing a
"significant equestrian facility." There would be no
permanent structures except a classroom which was permitted in
that area. That building would be used for a two-week period
as the office for the event. All of the other structures
( stalls, fences) would be brought in and set up before the
event and then dismantled and removed right after the event.
PAGE 13 MINUTES: 8-12-92
01] 9-0552
They were really just requesting a short-term use. During the
other 50 -weeks of the year, there would not be any commercial
horse boarding, breeding, or raising, or any equestrian events
or public events. During the two weeks of the Michelob
Classic, the boys would participate actively in the event. A
second objection concerned the use of the additional
facilities for the remainder of the year. She said again the
only facility was the classroom which would be used for the
remainder of the year. She felt the primary concerns were
about noise, traffic, and septic facilities. She pointed out
that the figure of 750 people was spread over the course of a
one-week period. There were very few spectators at the events
during the week, since the majority came for the grand prix
event on the weekend. They would have no events which would
last longer than 5:30 p.m., and they would not be bringing in
any kind of lighting. The other activities done in
conjunction with the event, i.e. bar-b-que, would take place
at a site other than the ranch. The event was very formal and
the only amplification system would be used to announce the
riders and who won the awards. The amplification was limited
because high -bred horses were sensitive to noise, and it was
not anything like the Sisters Rodeo. The horses involved were
expensive and the equipment was expensive, and it was a
"fairly sedate event." Concerning the traffic, she said
during the week it was typical for 40 cars to be at the event.
Concerning the sewer needs, the Hearings Officer's decision
required that the County do an environmental health
evaluation. They would be using portable stalls at the site
which would be taken care of by the professional who provided
them. The people who attended this event expected good
treatment and it was provided. Concerning the waste from the
animals, they had always made arrangement to have that waste
taken care of in the past. If they were able to have the
event on the ranch, they would contract with Land Systems to
come in and remove the waste on a regular basis which they
would use for fertilizer. Concerning traffic, she pointed out
that Hamby Road was a designated, major arterial. There was
a 45 -mph zone in front of the ranch, and there were no weight
limitations which would have any impact on people bringing in
a truck and trailer with horses. The access permit had been
applied for and approved for the proper access and parking.
The appellants had suggested that the site was not sufficient
to accommodate a Class A rated hunter/jumper competition. She
said this site was actually larger than the Stevenson Ranch.
They had a specialist who ran the show each year and who ran
shows all across the country. She had reviewed the ranch site
and felt it was perfect for the event. The appellants
suggested that it was inappropriate to serve alcohol because
there would be youth working at the event. The alcohol would
be limited to three days each week and would be served only
with the necessary permits and age limitations. There had
never been any problem with alcohol consumption at this event.
PAGE 14 MINUTES: 8-12-92
o uJ.9-0553
It was a sedate event and the participants didn't drink. She
felt these boys had seen more and experienced more than anyone
would think, and every form of media pushed alcohol so
children could not be shielded from it. They felt the manner
in which alcohol was presented at this event would show
responsible use. What people feared most was what the didn't
know. When people came to the first hearing they were very
concerned --when they left there were supporters throughout the
group. Everyone who testified said they felt J Bar J was a
very good neighbor. They would continue to be a good neighbor
and were in this area to stay. They had voluntarily sent out
letters to 75 neighbors of the ranch to let them know what
they were considering so they wouldn't be surprised. The
Hearings Officer's decision minimized any impacts on the
neighbors, and they had done everything they could to minimize
the impacts. They had "no grandiose plans of this becoming
some big facility in the future." She said Craig
Christianson, executive director of the ranch, was in
attendance and could answer specific questions about the
event.
Commissioner Throop asked which criteria they believed they
were applying under. Ms. Brady said the criteria they were
applying under was subsection (I) which referred to rodeos or
livestock arenas and other recreational uses. He asked her to
expand upon the permanent classroom facility and how it was
involved with this application. Ms. Brady said that it was
part of the application because the classroom would be used as
a building in conjunction with the classic for two weeks out
of the year. She said if they were just going to build a
classroom, they would only need a building permit not a zoning
application. Commissioner Throop asked if all the facilities
except for the classroom building would be temporary. Mr.
Brady said yes. She indicated that the reason the Hearings
Officer gave them a 20 -day period was they needed a couple of
days before and after the event to put up and tear down the
facilities.
Bruce White asked if the ranch had considered apply for that
classroom as a conditional use for a school facility rather
than as part of the event since its use at the event was
"incidental to its use as a classroom." He thought it should
have been as separate application as an expansion of the
school rather than a part of the event. From the audience,
Mr. Christianson said they put the show office in the event
proposal because they needed some kind of a show office
facility there. But to construct the classroom they would go
through a building permit process just like any other
structure on the ranch. Mr. White said "maybe you've got it
in the pigeon hole, in terms of the land use, and that
structure should have been applied for as part of the school
and not part of this event." Ms. Brady said they did not have
PAGE 15 MINUTES: 8-12-92
o 1.19-0554
to apply for a use permit for the building because a classroom
was a permitted used. Mr. White said they were in an MUA-10
zone in which schools were a conditional use. Ms. Brady said
the building was the "least of their concerns." Mr.
Christianson said the ranch had educational program which were
accredited by the Bend-LaPine School District, so they already
were performing educational function at the ranch and had for
the last 23 years. Mr. White said he did not dispute that, he
was just trying to determined how they should get the
"classroom" building permitted, and whether this was the
appropriate way. Mr. Christianson said they could bring in a
temporary, mobile facility to accommodate the office needs if
necessary.
Chairman Maudlin said he had attended the Michelob Classic for
a number of years, and asked how much rent they had been
paying. Mr. Christianson said it was a two-week event this
year so they paid $8,000 while previous years had been $4,000-
$5,000. J Bar J had been the beneficiary of this event only
since 1989. Chairman Maudlin asked about the growth of the
event during those four years. Mr. Christianson said there
were 168 horses in 1989 and 435 in 1992. They saw a "cap on
the event at about 500-550 horses." Part of the reason people
came to Bend for the horse show was because it wasn't among
the largest horse shows. Chairman Maudlin asked if that was
the cap because that was capacity for the ranch site. Mr.
Christianson said he wasn't the best person to answer that
question, however he "wouldn't want to see it go much larger
than that." Chairman Maudlin said he had been at both sites
and thought the Stevenson ranch had a much larger area than
what was available at the J Bar J Boys Ranch. Mr.
Christianson said that on the Stevenson ranch, they only
leased a 22 -acre strip. They had much more room (30-31 acres)
and more flexibility in the way the event could be configured
at the J Bar J Ranch. Most of the Stevenson Ranch was in
alfalfa or other grasses and was under production. The arena
was not part of the 22 -acre strip, but they only used the 40
stalls in it. They would use portable stalls at the J Bar J
Ranch site. He said there were some automobiles which
sometimes parked in the arena which would be parked in the
designated parking area at the ranch. The Stevenson barn was
outside of the 22 -acre strip.
Ms. Brady said this event was run by Diane Johnson and
volunteers and no one had the desire to create more work than
was already involved with running a show of this size.
Paul Blikstad brought in a map of the area surrounding the J
Bar J Boys Ranch.
Commissioner Schlangen asked Bruce White whether the school
building should not have been in their application or whether
PAGE 16 MINUTES: 8-12-92
01 19-05575
they should have just gotten an "event" application. Mr.
White said it was an incidental part of the event and really
should not have been considered as a part of this application.
Commissioner Schlangen asked if they should have applied for
a two-week event like the music festival in Bend?. Mr. White
said he wasn't aware of how the music festival was handled,
but he recommended that since they had indicated they could
use a temporary structure, that this application not be
approved on the basis of the building. He felt that the
building should not be considered as a part of this
application but under a separate application for its primary
purpose. Commissioner Schlangen said this was really an
"event" not a land use. She pointed out that there were lots
of events in the city where they fenced off areas for a beer
garden and kids were there. Bruce White said an "event" did
rise to the level of a land use. Commissioner Schlangen asked
if the lack of permanent structures changed the degree of the
land use. Mr. White said his only question was whether that
part of it fell within the definition of the use which was
being considered.
Ms. Brady asked that the record be left open for seven days
for rebuttal testimony.
Chairman Maudlin said the Hearings Officer allowed a 20 -day
period for this event, so there would be three days before the
event to set up and three days after the event to dismantle.
Mr. Christianson said that was correct. The event was
actually only held Wednesday through Sunday. Chairman Maudlin
asked if there were people who stayed overnight in RVs, etc.
Mr. Christianson estimated there were 10-12 people who stayed
overnight on the grounds. The majority of the people who
attended stayed at hotels in town. Ms. Brady said that the
ones who did stay overnight where the people who were taking
care of the horses. They had just recently received a grant
from tourism because of the amount of money this event brought
to the community.
Bob Lovlien, PO Box 1151, Bend, 97709, said he was testifying
more as a resident of the area than some kind of an
attorney/client relationship, however he did assist the named
appellants in filing the appeal. He found out about this
proposal by reading it in the newspaper after it was approved.
He lived in the Quail Ridge Subdivision which was south of the
ranch on Hamby Road and across from Buckingham Grade School.
Referring to Mr. Blikstad's map, he indicated that the dark
line which ran along the west side of the J Bar J Boys Ranch
was the outer urban growth boundary, and there was
predominantly MUA-10 zoning around it. He felt most of the
lands were not "resource land." Las Sorinos had deed
restrictions limiting it to no more than two horses and no
pigs. Quail Ridge had the same type of deed restrictions. He
PAGE 17 MINUTES: 8-12-92
0'9-Q5V
felt that planners at the time these subdivisions were done
and before the implementation of the urban growth boundary,
had contemplated that these roads would extend into land south
and east of the project. The map did not show Buckingham
Grade School located across from the north entrance to Quail
Ridge, Luke Damon Field/Big Sky complex and the fire station.
He was attempting to make the point that this area could not
be considered much of an agricultural or resource area. It
was predominantly 2-1/2 acre subdivisions. This development
had been in place for a minimum of 12 years and most had been
divided into residential zoning.
Commissioner Throop asked Mr. Lovlien whether when he
investigated the record of this case, he had any sense for why
the J Bar J Boys Ranch property was zoned MUA-10 rather than
RR -10. Mr. Lovlien said he had not looked at the record
carefully. The RR -10 zoning appeared to be the subdivisions,
especially from Sunriver south, that have never had any
agricultural use whatsoever. While, for example, the Woodside
Ranch area immediately south, there were some irrigation
rights which accrued to some of these properties. So he felt
property was given a "blanket MUA-10" when anything was
divided in this particular area. Not all of these properties
had irrigation rights. Along Eagle Road, his property was
homesteaded probably within the last 30 years by the potato
farmer who lived just north of there. There was an occasional
pasture or garden in that area, but only two fields which had
cattle or alfalfa on them. He referred to the J Bar J Ranch
as "basically an island" in the middle of a rural residential
area even though it wasn't zoned RR -10, particularly those
subdivisions which were immediately adjacent to the ranch on
the north and on the west. They made a video tape of this
year's event which they wanted to submit into evidence to show
the scope of the event. He requested that the Board visit the
site along Hamby Road. There was a weight and speed limit on
Hamby Road. There was a school there and a number of
residences along that area. He said that nobody was here to
testify against the operation of the J Bar J Boys Ranch. His
children had ridden with their boys to school and have known
them on a first -name basis. He felt they had done quite a
remarkable job at the ranch. His concern was whether this
event was appropriate at this location. From a legal
standpoint, there were a couple of confusing issues. He said
the Hearings Officer had not identified paragraph ( I ) as being
the use under which he approved this application, because he
approved it under paragraph (E) which implied permanent
facilities, i.e. country clubs, parks, playgrounds, not
temporary uses such as a rodeo or livestock arena. The
Hearings Officer's report had it one way and the staff report
had it another. He felt the applicant had just chosen to go
along with the staff report. There was a criteria which the
Hearings Officer did not address which was the second criteria
PAGE 18 MINUTES: 8-12-92
01.05`
9-'7
under the general conditional use permit criteria about
compatibility with surrounding land uses. He felt it was
important to consider whether this event was appropriate for
this particular area. The reason the first hearing did not
attract more people was because many of the people in the area
weren't aware of it. The more the neighbors found out about
the event, the more concerned they became, as evidenced by the
number of people at the hearing today.
John Cooley, 62850 Pearl Lane, Bend 97701, testified that he
lived next to the southwest corner overlooking the ranch. The
view from his home encompassed almost the entire ranch. He
objected to the Hearings Officer's approval. He didn't
believe that a "fairgrounds type activity" should be allowed
in this rural residential area. He felt the decision violated
the conditional use guidelines in Sections 18.128.015(A)(a),
18.128.015(B), and 18.128.040(E)(c). He did not feel that the
proposed use was compatible with the existing and projected
uses on the surrounding properties. He submitted some
pictures (Exhibits A and B) of the event. He questioned the
size of the proposed site, since he felt they were currently
using more than 22 -acres to hold the event. When he attended
the event, there was a constant cloud of dust over the area
especially in the warm up area. The public address system
could be heard very clearly from 500 feet away, and after the
event they played music constantly. There was also a loud
horn which signaled the event was over for the current rider.
He felt there would be noise before the 8 a.m. start-up time
since there was noise during the warm-ups. He was also
concerned about the smell and flies coming from the piles of
manure and shavings which he said "were extremely large" and
were placed within 50 feet of adjoining property. He was
concerned about the traffic especially since there was no
shoulder along Hamby Road. He and his children road bicycles
on this road and it was dangerous. He felt there were a lot
of discrepancies in the application for the event. He thought
it indicated there would only be about 275 horses at the event
and that figure was used in some testimony. He also submitted
a transcript of a radio interview, and numerous news accounts
from the Bulletin indicating there would be up to 750 horses
(Exhibit D). He was concerned that there was no maximum
limitation on this event since it had tripled in size in the
last 3-4 years.
Commissioner Throop asked if he would be willing to compromise
on his position if limits were placed on the size of the
event. Mr. Cooley said "no, there was no compromise." He had
worked diligently for 25 years to be able to afford a nice
home, and he felt that he would have to sacrifice if the event
were held at the ranch. His property would be devalued, he
would lose privacy, and the enjoyment of his home. He felt
the people being served by the event were wealthy horse owners
PAGE 19 MINUTES: 8-12-92
0-1_ 19-0m3
using his back yard as a play ground. He also felt that
eventually J Bar J would want to expand their facilities. He
said it was a commercial event with a profit of $50,000 and
purses of $20,000. There were concession stands and
commercial auto and horse trailer sales. He showed the Board
an aerial view of both sites. The site on Stevenson Road was
completely surrounded by rural or open land with only two
homes directly impacted. The J Bar J ranch had over 100 homes
in the immediate area which would be impacted by the event.
He also submitted a video of the event taken on Saturday, July
18, into the record - Exhibit C.
Pat Brown, 62492 Quail Ridge, testified that he was down the
road "quite a ways from the event." However he felt the
traffic would impact him, especially with the ball field,
which had just been approved, going in across the road from
him. He had empathy for the adjacent property owners. He
attended the event and the set up started shortly after the
4th of July and "as of Sunday there were still manure piles --
this last Sunday." He felt several points about the event
were understated at the previous hearings, i.e. the size of
the event, dog shows, dance. The event wasn't the "genteel,
neighbor -friendly dog and horse show that it was portrayed to
be," but a "mini County fair" which should be located in an
area suitable for a county fair. His concerns were that the
amplified noise, traffic, dust, congestion, glare, and alcohol
didn't fit in this neighborhood. It was of great concern to
him that there be no activities or amplified noise beyond the
time when he would put his kids to bed. The requests by Bend
Little League to put in amplified sound and lights at their
ball park in the area had been denied. He was concerned that
if they were allowed at the J Bar J Ranch, they would
eventually be allowed at the ball park every night of the week
during the summer. He didn't want people who had been
drinking at this event to drive on Hamby Road while he was
riding his bike or his kids were walking there.
Lindsey Stevens, 21585 Stub Place, testified that he lived in
the East Villa Subdivision, 2nd lot on the north edge of J Bar
J property. He had reversed his opinion at the initial
hearing, however his attendance at the 1992 event conflicted
with what he had heard, and he changed his opinion again. He
said the character of this area was rural residential and
wasn't appropriate for a mini county fair. All of the
information he had seen indicated there would be 750 patrons
at this event. While he attended the event, he counted about
100 RVs of 20-40 foot length parked permanently for the two-
week period. There was at least 15 vehicles which were
obviously set up for overnight stay with dogs, kids and
fences, etc. He counted 15 craft booths selling horse -related
goods while this was not mentioned at the first hearing. The
manure removal and watering for dust was not performed at the
PAGE 20 MINUTES: 8-12-92
0-1.19-055#3
1992 event as it was discussed it would be at the initial
hearing. The felt that the fact that J Bar J Ranch was a
"nonprofit organization did not change the commercial
character of this event." If there were violations of the
restrictions on the approval, what recourse would the
neighbors would have? How would it be enforced?
Commissioner Throop asked what he meant by commercial sales at
the event. Mr. Stevens said they were selling horse trailers,
automobiles, and there were craft booths.
John Lindse, 21495 Hyde, testified that he would be one of the
most impacted neighbors, and would have a full view of the
event area. His house was just to the west of the ranch on
the end of Hyde Lane. He said Hyde Lane was intended to go
through the ranch property should it ever be subdivided which
was why it wasn't a cul-de-sac. They had no problem with the
Boys Ranch expansion, however they felt granting this use
would set a precedent for this area. Any other uses would
"probably be smaller and would probably go right through."
The original application was for permanent on-site facilities
and fencing. He felt it would be turned into a fairgrounds.
This part of the J Bar J ranch had been productive farm
property, and he had no objection to their farming the
property. This event would be a commercial use and more like
a fairgrounds in a residential area which would eventually be
in the city limits.
Commissioner Throop asked how long Mr. Lindse had lived at
this site. Mr. Lindse said he had lived there for four years.
Commissioner Throop asked him what he had anticipated the
future use of this property would be? Mr. Lindse said he
thought it would all be subdivided. Commissioner Throop said
this property was not currently within the Bend City limits or
the urban growth boundary and abutted the outer urban growth
boundary line on the outside. The inner urban growth boundary
was considered to have enough space for approximately a 20 -
year period to accommodate all of the urban uses; and
including the outer urban growth boundary would add another 30
years. Therefore he felt that outer urban growth boundary
would not be moved for 50 years. Mr. Lindse argued he thought
there was activity outside the urban growth boundary now.
Vern Johnson, 1214 Vendehay, testified that he was concerned
about this request because it wasn't compatible with the
neighborhood. He owned four pieces of property west and next
to the J BAR J Ranch and his family lived in the area also.
He had a herd of cattle and knew what 500 head of cattle would
look like and knew the manure and dust which they would
create. It overwhelmed him to consider the magnitude of the
ramifications of 500 horses, trailers, trucks, traffic, and
people coming into this area. He also owned property within
PAGE 21 MINUTES: 8-12-92
01-19-0560
three blocks of the Deschutes County Fairgrounds and knew the
effect that fair had on the neighborhood, i.e. people coming
onto his property from the fair. He asked that the
Commissioners look at the video tape and ask whether they
would want this event in their front yard. He felt the
monetary gain to the ranch would only be between $4,000 -
$8,000 a year since that is what it would cost them to rent
another facility.
Commissioner Throop asked what Mr. Johnson felt was the
appropriate location for this kind of event. Mr. Johnson said
he felt the appropriate place would be a fairgrounds,
otherwise in a ranch area not in a rural residential area.
Robert Morrissey, 21560 Fletcher Lane, testified that he had
five acres to the south of the ranch. He didn't feel this
area could safely support this kind of influx of people. When
he drove by the horse show, he was amazed at the noise,
trailers, and motor homes. He agreed with the other people's
testimony in opposition. He had not received any notice of
this hearing.
Bill Herrs, resident of Vista Del Sol Subdivision, wanted to
point out the "capriciousness of the notification process."
He lived "a good deal further away than 250 feet" from the
ranch property, however he received a notice of the original
hearing. He was concerned about the ability of Hamby Road to
handle the traffic. He was concerned that the fire station
was also on Hamby Road and felt the event traffic might block
fire access. He understood this event was proposed to occur
at the same time as the Little League finals at the Big Sky
Park which would compound the traffic problem. He didn't feel
the issues of noise control, dust and sanitation had been
addressed at all. He felt this issue was handled much
differently from the Big Sky development where there was a
considerable effort to work with the neighborhood to find out
what was and wasn't compatible. He understood their problems
in raising funds, however he was concerned that this event
could damage the rapport the ranch currently had with the
neighborhood which could end up being more costly than
anything they would gain from holding the event at this
location.
Lawrence Keyte, 21457 Keyte, testified he lived in Eagle View
Estates which he developed in 1973. He felt this kind of
event was inappropriate for this area. He thought it should
be located at the fairgrounds or the County should purchase
property for it. He agreed with the others who testified in
opposition.
Denise Moody testified that she would like to speak as a
participant of Michelob horse show for the last four years.
PAGE 22 MINUTES: 8-12-92
02".19-0561
One of the reasons this event drew so many people was because
it was put on in a "very nice grass pasture" not a county
fairgrounds. They didn't want dust at the event either,
however, this year the pasture was brown because of the
draught. The watering took place in the early morning hours,
so they wouldn't be riding in puddles and the horses wouldn't
fall down on slick pastures. She felt the dust would only
travel an area of maybe 15 feet around the horse. There was
a rural residential area nearby, however it also sat in the
middle of MUA and EFU parcels where agricultural activities
took place. She said it was a nice event, and it would be a
shame for this arep to lose it.
Commissioner Throop asked if the J Bar J Ranch was the
appropriate size and configuration to host that kind of event.
Ms. Moody said absolutely. She felt it would be surprising if
this event expanding to 550 people in the next 30 years. She
had been a show manager in different states, and the number of
shows was decreasing and the number of people who attended
these events wasn't growing. A lot of people worked to
support their horses, so they weren't all rich people. A lot
of the horses at this event were purchased for $1,000-$1,500,
and then there were a few which cost $150,000-$500,000. It
was a nice, safe activity for children to be involved in and
was a good role model for the J Bar J boys. She said the
county fairs did not have pastures, and she didn't think the
golf courses would want to rent out theirs.
Commissioner Throop asked if she believed the issue of uses,
relating to equestrian activities in multiple use agricultural
zones or EFU zones, was sufficient? Ms. Moody said the whole
issue needed to be confronted since there were some things
missing from it. As the community grew, there would be more
and more rural residential areas right next to agricultural
uses which would create the "not in my back yard" kind of
response. She said you couldn't hold an event like this on
EFU land which had sage brush and rock piles and no water, nor
could it be held at the county fairgrounds if you expected
anyone to attend. This was the only event in this class held
in Oregon.
Greg Cashwell, 21469 Hyde Lane, testified that he lived on the
west end of the J Bar J property. He felt there should be a
compromise on this issue. He was in favor of what J Bar J
did. He felt a larger parcel which wasn't surrounded by
residential areas would be needed for there to be a
compromise. Commissioner Throop asked if he knew any other
people who were opponents who would be interested in
compromising? Mr. Cashwell said he didn't know.
Jim Koehler, 21464 Hyde Lane, testified that he was four one -
acre lots west of the ranch. Two of those lots were vacant.
PAGE 23 MINUTES: 8-12-92
Ol- 11-05C2
He could agree with Greg Cashwell on a compromise. He liked
the peace and quiet of this area. He said there were some
neighbors who supported what J Bar J was doing. He
appreciated that J Bar J did not go door-to-door begging for
their money, but were willing to work for it by putting on the
horse show. He felt that comparing this event to a rodeo was
like comparing a drag race to a golf tournament. He had a
long-range concern that if J Bar J could not continue this
method of funding, they might have to close and that 40 -acres
of land would quickly become a development of 40-60 homes.
This would create 365 days a year of increased traffic, noise,
loose dogs and kids, and "a share of drunkenness." He saw no
reason to be upset by two weeks of commotion to keep a good
neighbor near by and to keep a successful program running.
Dick Yuler, member of the J Bar J Board, testified that the
gentleman before him had "covered all of the good stuff." He
was coordinating the fundraising activities for the ranch.
Public funding was being cut back, so they had to be more
serious about raising more money. There were already a lot of
legitimate causes competing for donations from this community.
This event was an extremely effective fundraiser. Concerning
the minimal sacrifices of the neighbors, he suggested the
community consider the major needs in this community for the
J Bar J program. The only message he got from opposition
testimony was "not in my back yard." If the community was not
willing to make some sacrifices, the "J Bar J program will go
away whether we like it or not." These tough decisions had to
be made to perpetuate the program. They needed the exposure
and the cash from the Michelob Classic and without it, they
had some serious problems. He said there were not a lot of
alternatives to using the ranch site for the event.
Bob Simmons, 62936 Florence Dr., testified that he had lived
just to the north of the ranch for 20 years. He also felt
that not all of the "neighbors were up in arms about this" and
thought something could be worked out.
Commissioner Schlangen said that a few people testifying had
mentioned compromise. She asked if that meant a different
site or modifications at the J Bar J Boys Ranch, i.e. less PA
system, less vendors. Someone came up from the audience and
asked if the ranch site could be used for a couple of years
while another, more favorable site was located.
Bonnie Norton, 19016 Shoshone Road, testified that most of the
objections which she had heard could be worked out while still
having the event at J Bar J Ranch. She was not a neighbor but
a horse supporter.
PAGE 24 MINUTES: 8-12-92
4! 9-0503
There being no one else who wished to testify, Chairman
Maudlin closed the public hearing for oral testimony. He
announced that written testimony would be accepted until 5
p.m. on August 19, 1992, and the Board would make its decision
on Wednesday, August 26, 1992, at 10 a.m. No more oral
testimony would be accepted.
DATED this c nly' day of
Commissioners of Deschutes
ATT T:
Recording Secretary
PAGE 25 MINUTES: 8-12-92
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