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1992-42803-Minutes for Meeting December 02,1992 Recorded 12/16/19920120-0353 MIV7,VSO3 DESCHUTES COUNTY BOARD OF COMMISSIONERS December 2, 1992 -!1 4: Af Chairman Maudlin called the meeting to order at 10 a.i* Jt=$ members in attendance were: Dick Maudlin, Tom Throop Pope Schlangen. Also present were: Rick Isham, County Counsel;" Bruce White Assistant County Counsel; Patsy Hovick, Planner; Larry Rice, Public Works Director; and George Read, Planning Director. 1. CONSENT AGENDA Consent agenda items before the Board were: #1, postponed; #2, signature of tax refund Orders 92-034 and 92-036; #3, approval of out-of-state travel request for Health Department employee to attend National Association for Perinatal Addiction Research and Education Conference in Chicago with costs paid from START grant funds; #4, signature of letter supporting housing development grant program; #5, signature of License to Use Right of way on Bowery Lane,; and #6, signature of plat for Riverview Vista Estates, Phase IV, creating thirteen timeshare lots within Eagle Crest Destination Resort. SCHLANGEN: I move approval of consent agenda items 2-6. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 2. MRCIP - postponed one week 3. CONTRACTS FOR SERVICES WITH SPECIAL ROAD DISTRICT #1 AND BLACK BUTTE RANCH CORPORATION Before the Board was signature of Contracts for Services with Special Road District #1 and Black Butte Ranch Corporation. Special Road District #1 would provide snowplowing services on County maintained roads within the district boundary. Black Butte Ranch Corporation would provide snowplowing and sanding services on McAllister Road, a County maintained road. Rick Isham asked that the Board approve signature of these agreements. THROOP: I'll make the motion. MAUDLIN: I'll second the motion. KE` P f'HED VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES PAGE 1 MINUTES: 12-2-92 4. 5. 6. 0120-0354 ACCEPTANCE OF DEEDS FROM SQUAW CREEK CANYON RECREATIONAL ESTATES, INC. Before the Board was signature of acceptance of Bargain and Sale Deed from Squaw Creek Canyon Recreational Estates, Inc. for Lots 1, 16, and 32 in Squaw Creek Canyon Recreational Estates. These lots were to be deeded to the County for park purposes when the original plat was recorded, however it had never been done. Chairman Maudlin objected since that area of the County did not have a park district for the County to transfer the property to, and he felt the people living in the area would expect a park to be developed. Commissioner Schlangen pointed out that the Sisters area was attempting to form a park district and when that had happened, the property could be given to them. SCHLANGEN: I move signature of acceptance of deed. THROOP: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: NO ACCOUNTS PAYABLE VOUCHERS Before the Board were weekly bills in the amount of $147,093.07 and $1,544.83. SCHLANGEN: Move approval upon review. THROOP: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES ORDER 92-135 ASSIGNING ROAD NAME OF BACHELOR VIEW ROAD Before the Board was signature of Order 92-135 assigning the road name of Bachelor View Road. SCHLANGEN: Move signature. THROOP: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES PAGE 2 MINUTES: 12-2-92 0.20-0355 7. ORDER 92-137 ASSIGNING THE ROAD NAME OF REBECCA LANE Before the Board was signature of Order 92-137 assigning the name of Rebecca Lane to an unnamed access road. SCHLANGEN: Move signature of Order 92-137. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 8. REAPPOINTMENT OF BOB FORKNER TO SPECIAL ROAD DISTRICT NO. 1 BOARD OF DIRECTORS SCHLANGEN: Move reappointment. THROOP: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 9. PUBLIC HEARING: ORDINANCE 92-068 AMENDING TITLE 18 TO ALLOW FOREST DWELLINGS ON PARCELS WITH PRELIMINARY APPROVAL FOR LAND DIVISION PRIOR TO APRIL 15, 1992 Before the Board was a public hearing on Ordinance 92-068 amending Title 18 the Deschutes County Code and Zoning Ordinance Section 18.136.030 (Y) to allow forest management dwellings on parcels for which preliminary approval was received prior to April 15, 1992. Patsy Hovick said the current ordinance required that the parcels had to have been "lawfully created" prior to April 15, 1992. This amendment would change that language to allow forest management dwellings on parcels "for which preliminary approval was received" prior to April 15, 1992. This change was requested by the Changs who applied for a minor partition with forest dwellings for both parcels. The decision of that hearing last March was not to allow two dwellings but to allow a minor partition with one dwelling. Subsequently, the applicant would have had to apply for a conditional use permit for a forest dwelling for the second parcel. She said when they applied and the criteria for approval was examined, it was noticed that the new language referred to "lawfully created parcels." The legality of what constituted "lawfully created" was questioned. In order to clarify this issue, the Changs requested the language be changed to "for which preliminary approval was received." This would clarify that parcels which were applied for and tentatively approved but PAGE 3 MINUTES: 12-2-92 weren't finalized, would be covered by the ordinance language. She said there were only two parcels which would be affected by this language change because they had received tentative approval but not final approval in a forest zone. The other was owned by Crown Pacific. Commissioner Throop asked what the impact would be if this amendment was not approved. Ms. Hovick said the Changs would not be able to initiate the process again since the property was now zoned F-1 and could not meet approval under the existing language. This would not however affect the first dwelling which had already been approved. Bruce White said Win Francis, attorney for the Changs, had discussed this problem with him. Mr. White said when this language was originally approved, it was an attempt to grandfather certain preapproved lots, however the language used was "lawfully created." He interpreted that language to mean that there had to be a final plat recorded, and DLCD concurred with his interpretation. Therefore, the County's intention to grandfather certain preapproved lots had not taken into consideration those lots which were in an interim stage and had been approved but a final plat had not been approved and recorded. He understood from Planning staff that this particular issue had not been raised before the Planning Commission or the Board of Commissioners, but that they would have no concern about making this change since that would probably have been there decision had the issue been raised at the time the language was approved. The Board decided to have the staff reports and testimony for both Ordinance 92-068 and Ordinance 92-69 heard together. PUBLIC HEARING: ORDINANCE 92-069 AMENDING TITLE 18 TO INCLUDE CHURCHES AS CONDITIONAL USE IN PC -RM ZONE Before the Board was a public hearing on Ordinance 92-068 amending Title 18 the Deschutes County Code to include churches to the Conditional Uses allowed within the Planned Community/Multiple-Family Residential Zone. Patsy Hovick said the request for the amendment came from the Shepherds of the Mountain Lutheran Church since churches were not an allowed use in the Planned Community/Multiple-Family Residential Zone. She said they were allowed in similar residential density zones and were appropriate for residential zones. The site involved was annexed into Sunriver in 1989 and had been referred to specifically as the church site, so staff felt the intent was to include that site as a church site. PAGE 4 MINUTES: 12-2-92 0- /-o u`7 Chairman Maudlin opened the public hearing and asked for testimony on Ordinances 92-068 and 92-069. Win Francis, attorney for the Changs, testified that during the previous hearing on this language, he understood that "anybody who'd done their stuff and gotten their approval before the hearing was entitled to have the rights that they'd already had." The Changs had already had the Hearings Officer's approval, the appeal time had lapsed, and all of the conditions required by the Hearings Officer were within the power of the applicant. He had understood from Commissioner Throop at the previous hearing, that what the Board was approving that day would allow the Changs to proceed. Commissioner Throop said that "was clearly our intent" and Chairman Maudlin agreed. Chairman Maudlin closed the public hearing. Bruce White said the orders would be prepared for final signature on Monday, December 7, 1992. 10. APPOINTMENTS TO PLANNING COMMISSION AND BEND URBAN AREA PLANNING COMMISSION Before the Board was appointment of Elwin Ross to the Planning Commission position for the Redmond area, and reappointment of Midge Cross to the Bend Urban Area Planning Commission. MAUDLIN: I would entertain a motion to appoint Elwin Ross to the Planning Commission and to reappoint Midge Cross to the Bend Urban Area Planning Commission. SCHLANGEN: So moved. THROOP: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 11. RESOLUTION 92-092 ACCEPTING JAIL BOND BIDS Before the Board was signature of Resolution 92-092 accepting a bid for the purchase of Deschutes County, Oregon General Obligation Bonds, Series 1992, and directing delivery and sale thereof. Rick Isham said the bid opening was held in Portland that morning, and the lowest bid was from First Interstate Bank of Oregon. The true interest cost of the issue over its life was PAGE 5 MINUTES: 12-2-92 0.20-0358 5.7376%. He felt this was a very good interest rate and recommended acceptance. SCHLANGEN: Move adoption. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES DATED this 02 day of , 1992, by the Board of Commissioners of schutes County, 0 egon. AT S cording Secretary PAGE 6 MINUTES: 12-2-92 Nancy Pope C issioner n� 0 ( An � 0 hl ngen, Co iss Nii, .i�_