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1993-05594-Minutes for Meeting January 27,1993 Recorded 2/22/199393_05534 �. , •0,50 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS 93 FEE ?2 p; r v_ 39 January 27, 1993 Chair Throop called the meeting to order at 10:04 a.m. Board members in attendance were Tom Throop and Nancy Pope Schlangen. Also present were Rick Isham, Legal Counsel; Bruce White, Assistant Legal Counsel; Sue Brewster, Assistant Legal Counsel; Tom Blust, County Engineer; George Read, Planning Director; Dave Leslie, Planner; and Brian Harrington, Planner. 1. PUBLIC HEARING: ORDINANCE 93-002 TEXT AMENDMENT TO TITLE 18 REGARDING FLOODPLAIN ZONE STANDARDS Before the Board was a public hearing on Ordinance 93-002, text amendment to Title 18, Deschutes County Code, regarding the floodplain zone standards. Dave Leslie gave the staff report. He stated that Deschutes County participates in the National Flood Insurance Program. As a result, the floodplain ordinance was coordinated with the Federal Emergency Management Agency (FEMA) and was required to meet certain minimum standards. He said there was a recent decision whereby a replacement of an existing dwelling in a floodway was not allowed. The replacement section in the ordinance states this would only occur when natural disasters destroyed an existing building. He said that a public meeting had been held by the Planning Commission and that a draft ordinance had been completed on today's date which would allow for the replacement of a dwelling that existed as of the date of the effective floodplain ordinance in 1988. He said there were other changes also to clarify the ordinance. FEMA staff had approved the draft and it met the minimum necessary standards. Dave Leslie asked the Board for policy direction regarding replacement. As now drafted, it would also allow for improvements other than residential structures to be replaced that are in the floodway, such as farm structures, or de accessory structures to a residence. Dave suggested that, as a policy question, the Board could limit the replacement to only residential structures. Commissioner Schlangen asked what types of existing structures would be affected and if there were any commercial structures present. Dave said there was no formal inventory and that he was not aware of existing structures. He knew of several lots in the south county that were unimproved and within the floodway and recalled one residence that had structures within the flood way. Chair Throop said he agreed with limiting the replacement to residential dwellings. He felt that a farm or outbuilding needing replacement should be moved out of the floodplain. NCHED 1993 y,: • ,,, . .� . ��' ^r.�.` ;-:moi :.'r_- -r_--.� _.�...........w.•+-........ nSi Dave said that federal standards allowed for that sort of replacement when an engineer certified there would be r_o increase in base flood elevation. Bruce White said there should also be restrictions on replacements required by deterioration of a building. He questioned if the County should allow all replacements or just those necessitated by the deteriorated condition of the building and if that should be restricted to the same or similar size. Rick Isham stated the goal of the floodplain regulations was to eliminate structures from the floodplain. Commissioner Schlangen agreed that the need was to restrict building in the floodplain. Chair Throop stated there was a very small incidence of those kinds of improvements in the floodplain, and there were only a "handful" of county -wide potential dwellings. He said dwellings should be encouraged to be out of the floodplain. Chair Throop opened the public hearing. Betty Marquardt, P.O. Box 1138, Sisters, Oregon, asked if the Deschutes County floodplain rule governed inside the City of Sisters. Chair Throop said that no additional development would be allowed and that the County had taken a hard line against development in the floodplains and floodways. This text amendment would only allow someone to do a replacement dwelling on the same site as long as it were built prior to the adoption of the floodplain ordinance in 1988 and the house was "falling apart at the seams." The residence could not be expanded in size greater than 20 percent (this applied to residential only, not outbuildings). Betty asked what constituted a structure and limitations on what would be a qualifying dwelling. Bruce White stated it would need to have been constructed in conformance with the standards prior to 1988. Therefore, there would be buildings lawfully in existence prior to 1988. Betty said there were many nonconforming uses present that were nonconforming because they were in existence before the 1982 Comprehensive Plan was finalized. She said they might be "good little houses, people living in them, but not have floors." She said they were there before the LCDC rules and were considered nonconforming. Dave Leslie said she had made a good point and that the intention was not to get into the nonconforming section of the ordinance. He said they would "check and take a better look" to make sure they had not created two standards. Being no further testimony, the public hearing was closed. I- /'L n The public hearing was continued to February 3, 1993. 2. CONTINUED PUBLIC HEARING: ON PROPOSED ANNEXATION TO CLOVERDALE RURAL FIRE PROTECTION DISTRICT Before the Board was the continued public hearing on the proposed annexation to the Cloverdale Rural Fire Protection District. Bruce White stated there was a problem with the legal description and that the public hearing would need to be continued to three weeks from today. He stated that he needed the Board to determine that land had been improperly omitted and that there was an improper legal description that did not include all the property proposed to be in the district, that the owner had not appeared at the hearing, and that the Board would continue the hearing and order notice given to the nonappearing owner, requiring the owner to appear before it and show cause, if any, why the land shouldn't be included. SCHLANGEN: I move that. THROOP: Second VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES Rick Isham felt that the land owner should be notified of the proposal because his property was before the Board. THROOP: Consider that a friendly amendment and include +' it in the motion. 1 SCHLANGEN: So moved. 3. SIGNATURE OF ORDER 93-002 VACATING..A PORTION OF PONDEROSA CASCADE DRIVE AND SISEMORE ROAD Before the Board was Order 93-002 vacating a portion of Ponderosa Cascade Drive and Sisemore Road. Tom Blust said that Ed Adams and Roger Kershner were not present but that he had talked with both of them since the Board meeting of January 13. He said both the property owners were in agreement that there was future use of that portion of the road. H said Mr. Adams would like to dedicate the rest of the right-of-way across his property, however, he wanted to attach conditions that would guarantee his ability to partition his property. Chair Throop stated there could be no guarantees. Tom Blust also said that Mr. Adams wanted the County to do the road improvements. Chair Throop said the Board would do nothing with the order and would leave it on the table as the County could not make any zoning or construction commitments. 4. SIGNATURE OF TEXT AMENDMENT TO TITLE 18 TO ADD UTILITY FACILITY AND SCHOOLS AS USES ALLOWED IN MUA-10 ZONE Before the Board was Ordinance 93-001 amending Title 18 of the Deschutes County Code, the Deschutes County Zoning Ordinance, adding utility facilities and schools as conditional uses in the MUA-10 zone and declaring an emergency. Commissioner Schlangen asked George Read what was different in this draft from the old draft. George stated that the utility facilities had been outright uses in the first draft, and were moved to conditional uses in the proposed ordinance and that schools had been defined in the ordinance. SCHLANGEN: I move first and second reading of Ordinance 93-001 by title only. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES i Chair Throop performed the first and second readings of Ordinance 93-001. SCHLANGEN: Move adoption. C THROOP: Second. 1 VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED M THROOP: YES 5. SIGNATURE OF PLAT MP -91-41, CREATING TWO 10 -ACRE PARCELS ZONED MUA-10/SMIA AT THE INTERSECTION OF HIGHWAY 20 AND PETERSON RIDGE ROAD Before the Board was signature of plat MP -91-41, creating two 10 -acre parcels zoned MUA-10/SMIA at the intersection of Highway 20 and Peterson Ridge Road. SCHLANGEN: I move signature of plat MP -92-41. THROOP: Second. i VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES r 6. SIGNATURE OF MP -92-25 DIVIDING 41 ACRES INTO TWO 20.5 ACRE PARCELS Before the Board was signature of MP -92-25 dividing 41 acres -A1 t 7. 8. 0 10. into two, 20.5 -acre (approx.) parcels in an RR -10 zone on 16570 Serpentine Drive. SCHLANGEN: I move signature of MP -92-25. THROOP: Second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES SIGNATURE OF TAX REFUND ORDER 93-067 Before the Board was signature of tax refund order 93-067. SCHLANGEN: Move approval. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES APPROVAL OF ACCOUNTS PAYABLE VOUCHERS Before the Board was consideration of accounts payable vouchers in the amount of $218,905.98. SCHLANGEN: Move approval upon review. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES REAPPOINTMENT OF DELORUS MILLS AND VESTA ELLIS TO THE SPECIAL TRANSPORTATION FUND ADVISORY COMMITTEE Before the Board was the reappointment of Delorus Mills and Vesta Ellis to the Special Transportation Fund Advisory Committee. SCHLANGEN: I move reappointment. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES AUTHORIZATION FOR PATTI BAILEY TO ATTEND A DYNIX TRAINING SESSION IN PROVO, UTAH 4-1 i i CIA _� /,., 1 '35 Before the Board was consideration of authorization for Patti Bailey of the Library staff to attend a Dynix training session in Provo, Utah on February 25 and 26. The training was for the automation system that had been installed by the library in 1992. Registration fees and travel expenses, excluding meals, were to be paid by Dynix. SCHLANGEN: I move authorization. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES 11. AUTHORIZATION OF UT -OF- TATE TRAVEL FOR INFORMATION SYSTEM TEAM OF PUBLIC WORKS DEPARTMENT Before the Board was consideration of authorization for the Information System Team of the Public Works Department to attend the ESSRI User Conference for GIS training for Bob Dean, John Cain, Phyllis O'Donnell, and Becky Ware on May 24- 28 in Palm Springs, California. Total cost would be $2150 (estimated) which was in their budget. SCHLANGEN: I move approval of out-of-state travel. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES 12. SIGNATURE OF ORDER 93-069 NAMING MOUNTAINEER WAY Before the Board was signature of Order 93-069 naming Mountaineer Way. SCHLANGEN: Move signature of Order 93-069. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES 13. SIGNATURE OF RESOLUTION NO. 93-006 FOR DALE[ CORP. Before the Board was signature of Resolution 93-006 approving the Oregon Business Development Fund project proposal by Dalex Corporation. Dalex Corporation had applied for financing from the Oregon Economic Development Department on their new manufacturing company. The development of the manufacturing project by Dalex Corporation would foster growth. Rick Isham stated the Resolution was not completed but would beready for signature later this date. He suggested moving approval subject to review. SCHLANGEN: Move approval subject to review. THROOP: Second. Under discussion, Chair Throop remarked that this was a new sawblade company in the Redmond Industrial Park and that they were applying for an Oregon Business Development Fund loan which required a sign off by the Board of Commissioners in the form of a resolution. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES 14. DECISION ON CONDITIONAL USE PERMIT FOR A LIVESTOCK ARENA Before the Board was the decision on a conditional use permit for a livestock arena to divide a 20 -acre parcel into two, 10 - acre parcels in a MUA 10 zone. Chair Tortaptsaid Deschutes that the horse related issues were extremely imp County. He explained that the public hearings had been conducted and he asked for staff comments. Brian Harrington stated that there were additional comments submitted which the Board also received. He said issues raised were regarding the site plan requirement and procedural requirements. He said the Board needed to decide what uses were going to be specifically allowed and the limitations on the uses. Staff's position was that the officer's determinations were based on insufficient information. Those insufficiencies were related to transportation, access, parking, and impact. He said the general operating characteristics were never fully identified. Bruce White said the applicant did not propose a comprehensive picture and that the hearings officer, through his conditions, helped structure the scope of the use. There was no comprehensive statement of what was planned. George Read said the staff did not know clearly enough what the applicant wanted to do and that the he ant had asked for'made i.The hearings it up 11 and they were not what the app officer set the limits and said what they could do. Chair Throop stated that the applicant may have wanted the hearings officer or the County to establish the parameters in the form of a decision, forcing the County to say what a livestock arena and other recreational uses were. Bruce said an applicant had to come forward and say what they wanted to do so that the County had a basis of determining if it fit. He said that Ed Fitch determined there was enough information nn 1,-' F•�.' _+ J! on what was the intended use of the site to be able to structure a decision. George listed horse shows, clinics, rental facilities (with no limit on days,) food service facilities, and no building permit for the arena, as being confusing. He said in order to make a good decision, it needed clarification. Also, George felt that the site plan review criteria addressed harmony with the surrounding environment. The Board explored the issue of clinics, rental facilities, and the question of the building permit. Commissioner Schlangen stated the legal definition of a livestock arena needed addressing. She said LUBA had already given a "no" on boarding, breeding, and training in MUA zones. She said she was ready to approve the partition. Chair Throop agreed with the hearings officer that an arena could include indoor and outdoor. Tom, Nancy, and Bruce agreed with the hearings officer that horses were livestock. Commissioner Schlangen said she would approve the partition and deny the livestock arena and Chair Throop said he would approve the livestock arena and deny the partition. George Read said that without the site plan, Planning did not know if the partition would work. Chair Throop said he wanted to further clarify clinics and rental facilities and make it clear in the conditions that the building permit was required before activities involving the public could be initiated. He alsc wanted to make clear that boarding, breeding, and training was not an allowed use on the site. He indicated his concern for the integrity of the facilities that the public would encounter. George Read said further review was needed because of fire and safety concerns. Chair Throop supported the hearings officer's decision that 10 horse shows a year, for three days, was not boarding, breeding, and training, and that one clinic a month with people bringing their stock to the clinic and taking them back home, was not boarding, breeding, and training. Nancy stated there was an issue of training and questioned how this could be enforced. Nancy felt there could not be an indoor arena without rules and regulations. Chair Throop felt that he would probably conclude that the hearings officer's decision would stand and that he was closer to the hearings officer's decision than he would be to denying the use. Commissioner Schlangen disagreed with the hearings officer's decision. Nancy felt the burden of proof was upon the applicant and Tom felt the burden of proof was upon the individual making the appeal. Rick Isham said that if this went to LUBA, he was not sure .. •� �:�►ti t':;Vf'�� �' .... r yam, �`�\ # int t �a ♦ . .mak.: M4'L w_..�n moi. �.. A ' +4+TJ � •tlx ri^ a 0 what the outcome would be. He said this type of issue had never come before the Board. It was his opinion that if the Board could not agree, the hearings officer's decision would be affirmed. George Read suggested delaying the decision for one week to allow for staff consultation. This was agreed to, and the matter was continued to Wednesday, February 3 at 10 a.m. 15. DISCUSSION OF WORKERS COMPENSATION SALARY POLICY Rick Isham discussed Workers Compensation salary policy with the Board. It was determined that the County would proceed with Workers Compensation for Barry Slaughter without special exceptions. The Board would follow State law and any corrections that might be needed could be done after Barry's return. DATED this day of 1993, by the Board of Commissioners of Deschut s"'8ou � , Oregon. ATTEST: Recording Secrary NJncv Pope, Schj angen, Commis B. H. Slaughter, Commissioner t