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1993-07130-Minutes for Meeting February 03,1993 Recorded 3/4/19930120-1143 93-07139 J' MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS, Wednesday, February 3, 1993 t;r The meeting was called to order at 10:03 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; Tom Blust, County Engineer; Dick Johnson, Public Works Management Analyst; George Read, Planning Director; Dale Van Valkenburg, Planner; and Brian Harrington, Planner. 1. PUBLIC HEARING: CALL UP OF HEARINGS OFFICER'S DECISION ON CU - 92 -167 AND SP -92-136 FOR MOUNTAIN SHADOWS R.V. VILLAGE IN SISTERS LIMITED TO ISSUE OF AMOUNT OF CH ZONING ON PROPERTY AND REVIEW OF AMENDED STE PLAN Before the Board was call up of Hearings Officer's decision on Cu -92-167 and SP -92-136. The call up was limited to the issue of the amount of CH zoning on the property and the review of the amended site plan. Dale Van Valkenburg gave the staff report. He said this was a limited call up and was approved with conditions of approval which were mistakenly added by the hearings officer. The hearings officer failed to recognize additional information that had been submitted at the hearing. The issue was the amount of zoning on the property. The total property acreage was 12.66 acres. The question was how much was zoned landscape management and how much was zoned commercial highway. Dale said the problem with the hearings officer's decision was that it made a specific finding on the number of acres of commercial highway zoning which was incorrect. There should have been 138 RV spaces, not 120 spaces. He recommended that the Board find that there were 9.2 acres of commercial highway zoning and 138 spaces. Another requirement of the hearings officer's decision was that the applicant submit a new site plan which incorporated the changes which were in the staff report. Dale said a new site plan was submitted at the hearing that incorporated all the changes and the requirement was, therefore, not needed. He said the staff recommendation was that condition #1 of the decision on CU -92-167 and SP -92-136 be deleted and conditions of approval 2 through 14 be retained as they were. Chair Throop opened the public hearing. Martin Hansen, 1201 N.W. Wall Street, Suite 300, Bend, Oregon, said he represented the applicant. He also brought Allan Cristler and Mick Tye. tipJ. `q ` 99`3 0120-1144 Mick Tye, 61555 Parrell Road, Bend, Oregon, said he was the engineer and had worked on the site plan and that the site plan's legal description was 12.66 acres. Allan Crisler, 1808 N.W. Vicksburg Avenue, Bend, Oregon, said that he represented the owners of the property and had been involved with the site plan from its beginning. He said the legal description of the property was 12.66 total acres in the development with 9.2 acres commercial highway measuring the landscape management zones from the center line of the roadway. Martin stated the findings should be based on the map that was used at the hearing. Commissioner Schlangen asked if a physical survey had been done. Martin stated that it had been taken off existing surveys and legal descriptions that were on record and using the proper assumption that the center line was the correct point. Barbara Warren, City Manager for the City of Sisters, stated that the City was supportive of the RV park. Being no further testimony, the public hearing was closed. SCHLANGEN: I make a motion that the acreage is 9.2 acres commercial highway, allowing 138 spaces, that the new site plan has been submitted and meets condition number one so that may be deleted and that conditions 2-14 be retained. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES 2. PUBLIC HEARING ON AMENDMENT TO PL -20, THE DESCHUTES COUNTY COMPREHENSIVE PLAN, AND TITLE 18 OF THE COUNTY CODE TO IMPLEMENT THE REQUIREMENTS OF THE BICYCLE MASTER PLAN AND STATE TRANSPORTATION RULE Before the Board was a public hearing on amendment to PL -20, the Deschutes County Comprehensive Plan, and Title 18 of the County Code. This would implement the requirements of the bicycle master plan and the state transportation rule. Dale Van Valkenburg gave the staff report. In 1990, the Board of County Commissioners adopted the bicycle master plan as a resource element to the Deschutes County Comprehensive Plan as Ordinance #92-023. On April 26, 1991, the State Transportation Planning Rule, OAR6612, was adopted by LCDC. Local jurisdictions, including MINUTES PAGE 2 2-3-93 0120-1145 Deschutes County, are required to implement all portions of the rule by April 26, 1993. Ordinances needing to be amended included Title 17 and 19. He said there was additional work to be done to Title 18 in addition to the bicycle portion. The goal was to develop bicycle standards that really work. He said the work program to complete the bicycle project had been developed and their plan was to return to the Board of Commissioners in April 14, 1993, with the complete package including Title 19, the ordinances, the pedestrian portion of Title 18, and all the changes to Title 17. He requested that the public hearing be continued until April 14 and that they officially be adopted when the entire package was prepared. He said that a public hearing had already been conducted and that there would be a Planning Commission work session on February 10, 1993. Commissioner Schlangen asked if there would be any substantive changes in the amendment. Dale said there would be additions regarding pedestrian considerations as well as mass transit planning. Chair Throop opened the public hearing. Members of the Bicycle Advisory Committee came forward. Sally Russell, 442 N.W. State Street, Bend, Oregon, chair for the Bicycle Committee, said these ordinances were the result of 4 years work by the Committee. They have held public hearings and made presentations to various commissions. The ordinances before the Board had been scrutinized closely by many groups and individuals. With the growth in Deschutes County, many routes were no longer safe and with the increased amount of automobiles and their negative byproducts, there was a need for alternative modes of transportation. She read a letter of support from Deb Taylor, Bend, Oregon. Susan Bonacker, 1645 N.W. 3rd Street, Bend, Oregon, said she represented cyclists and their concerns for safety and accessibility. Karen Swirsky, 1699 N.W. Trenton, Bend, Oregon said she was on both the County and State bicycle advisory boards. She said she supported getting the elements of transportation planning rule all incorporated including pedestrian and transit. She also read a letter of support from Midge Cross. Monet Bossert, 16920 Spring River Road, Bend, Oregon, said the bicycle was a transportation and recreational tool and that the ordinance needed to be adopted as part of a wise planning for Deschutes County. Nils Eddy, 1699 N.W. Trenton, Bend, Oregon, said it was two years since the presentation of the master plan. He said there was more money available now but opportunities had been MINUTES PAGE 3 2-3-93 0120-1146 lost because of failure to act and that every dollar not spent on bicycle and pedestrian projects was costing Deschutes County. He confirmed the need to have basic bicycle plan tools in place to build a community where mobility and access did not necessarily mean using a car. Jeff Bartol, 317 N.W. Newport, Bend, Oregon, said he was a dedicated commuter and that safety needed to be increased. Al Dertinger, 31526 Stony Ridge, Bend, Oregon, said he encouraged the increased use of bicycles and that it was important to provide safety for children. Being no further testimony, the public hearing was closed for this day. Chair Throop continued the public hearing to April 14, 1993. SCHLANGEN: I move approval of amendments to Title 18 and continue to April 14 for final adoption. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES 3. CONTINUED PUBLIC HEARING ON ORDINANCE 93-002, TEXT AMENDMENT TO TITLE 18, DESCHUTES COUNTY CODE, REGARDING THE FLOOD PLAIN ZONE Before the Board was a public hearing on Ordinance 93-002. Dave Leslie gave the staff report. He said the draft ordinance had been revised since the last public hearing and reflected changes that were directed by the Board. The directives regarded the date when residences or existing dwellings would be recognized to reflect 1988 ordinance change, and to limit the replacement of dwellings in the floodway to only dwellings lawfully in existence as of the time of adoption of Ordinance 88-030. He said there was also a clause limiting expansion, when replacement occurs, to no more than 20 percent. He said the issue of nonconforming use chapter would no longer need to be applied in subsequent applications. Chair Throop opened the public hearing. Betty Marquardt, P.O. Box 1138, Sisters, Oregon said ORS 215130.6 stated that nonconforming uses could be replaced because of fire and casualty only within one year. Regarding this ordinance, she asked if a dwelling were to burn down and not be rebuilt within a year, could a developer build a new dwelling in the floodway. Dave stated there was no time limit MINUTES PAGE 4 2-3-93 4. 0120-114'7 provided in the ordinance and that it would be a good concept to consider. Chair Throop asked if one year would be an appropriate time frame. Rick Isham responded "yes." Betty said her concern was not with someone whose home burned down but that a developer might later come and buy the property. Bruce White said replacement was limited to 20 percent to prevent abuse of the provision. He said that by putting a size restriction, it might help deal with this type of situation. Rick Isham stated that the language would need to be written out for the Board to read and that it would be needed to be done during this meeting. Action was suspended until the end of the meeting when Bruce White and Dave Leslie returned with the written language at which time a motion was made. SCHLANGEN: Move the first and second reading of 93-002 by title only. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES THROOP: First reading of amending Title 18 Deschutes County provisions of the emergency. Ordinance #93-002, an ordinance of the Deschutes County Code, the Zoning Ordinance to amend floodplain zone and declaring an THROOP: Second reading of Ordinance #93-002 CENTRAL OREGON COMMUNITY ACTION AGENCY NETWORK (COCAAN) YEARLY UPDATE Before the Board was Central Oregon Community Action Agency Network's yearly update. Sharon Miller, Director of COCAAN, gave a brief background about community action programs. She handed out the annual report and a history of the program. Sharon said that Central Oregon had no community action program until 1984 and that COCAAN was a private, nonprofit corporation and a true partnership. She said the way to gain involvement to solve issues was to make dollars available in the community and ask the community for their resources. COCCAN started their poverty agenda in 1988 and the Bill Healy Family Center had evolved from that process. Since 1988, a community worker/case manager has been established in all the major communities in Central Oregon. COCAAN brings approximately $900,000 per year to the County. Based on MINUTES PAGE 5 2-3-93 0120--1148 poverty numbers, Deschutes County represents 63j percent of the number of people living in poverty in Central Oregon with Jefferson County at 21 percent and Crook County at 12. The value of services provided by COCAAN are approximately 54 percent of their total funding. Commissioner Schlangen represents Deschutes County on the COCAAN Board. 5. ACCEPTANCE OF BARGAIN AND SALE DEED FROM ARTHUR POZZI FOR BRINSON BOULEVARD Before the Board was signature of a bargain and Arthur Pozzi for Brinson Boulevard. Tom Blust the deed had been before the Board two weeks date. A condition had been attached to the road improvements, Legal Counsel advised that deed could not be accepted, and the condition removed. THROOP: A motion is in order to accept. SCHLANGEN: So moved. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES sale deed from explained that prior to this deed regarding a conditional had since been 6. SIGNATURE OF RESOLUTION 93-003 ACCEPTING PETITION FOR THE VACATION OF A DEDICATED PUBLIC RIGHT-OF-WAY LYING WITHIN LOT 22 OF BLAKELY HEIGHTS SUBDIVISION, ENGINEER'S REPORT FOR SAID VACATION, AND ORDER 93-059 SETTING A PUBLIC HEARING FOR SAID VACATION Before the Board was signature of Resolution 93-003 a petition for the vacation of a dedicated public right-of-way, the engineer's report for said vacation, and Order 93-059 setting a public hearing. Tom Blust said this was a petition initiated by WalMart stores for vacation of a public right-of- way line on their proposed store site. The petition was signed by all property owners of the land. He said there was an existing dirt road that provides access to the parcels. The Public Works Department recommended approval of the vacation based on WalMart's consolidation of the parcels and approval of their site plan. The hearing date would be March 17, 1993. SCHLANGEN: I make a motion of signature of resolution 93- 003 and order 93-059 setting a public hearing. THROOP: Second. MINUTES PAGE 6 2-3-93 0120-1149 VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES 7. SIGNATURE OF WARRANTY DEED FROM LLOYD MACFARLANE FOR RIGHT-OF- WAY ON BRINSON BOULEVARD Before the Board was the signature of the warranty deed from Lloyd MacFarlane for the right-of-way on Brinson Boulevard. Tom Blust stated the deed was for acquisition of right-of-way for both Brinson Boulevard and the widening project on Butler Market Road. THROOP: If no questions, the adoption and motion to approve the resolution and the order would be in order. SCHLANGEN: So moved. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES 8. APPROVAL OF AMENDMENT #31 OF THE 1991-93 INTERGOVERNMENTAL AGREEMENT WITH MENTAL HEALTH DIVISION Before the Board was the approval of Amendment #31 of the 1991-93 intergovernmental agreement with the Mental Health Division. SCHLANGEN: I move approval of Amendment #31. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES 9. APPROVAL OF GRANT AGREEMENT WITH COAST Before the Board was signature of approval of grant agreement with COAST (Central Oregon Aids Support Team.) SCHLANGEN: Move approval and signature. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED MINUTES PAGE 7 2-3-93 0120-1150 THROOP: YES 10. SIGNATURE OF RESOLUTION #93-008 TRANSFERRING_ APPROPRIATIONS WITHIN DESCHUTES COUNTY BUDGET Before the Board was signature of Resolution #93-008 transferring appropriations within the Deschutes County budget. SCHLANGEN: Move the signature of Resolution 93-008. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES 11. CONSIDERATION OF ACCOUNTS PAYABLE VOUCHERS Before the Board was consideration of accounts payable vouchers in the amount of $167,975.74. SCHLANGEN: Move approval upon review. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES 12. SIGNATURE OF CONSERVATION EASEMENT WITH LM -92-93 AND SE -92-4 Before the Board was signature of a conservation easement with LM -92-93 and SE -92-4, 16489 Beaver Drive, Bend, Oregon, to construct a dwelling within the Landscape Management Zone. SCHLANGEN: Move signature of conservation easement. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES 13. SIGNATURE OF LOBO'S INDEMNITY AGREEMENT Before the Board was the signature of Lobos Motorcycle club indemnity agreement. SCHLANGEN: I move signature. THROOP: Second. MINUTES PAGE 8 2-3-93 VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES 14. SIGNATURE OF MYLAR FOR PILOT BUTTE CONDOMINIUMS 0120-1151 Before the Board was signature of a mylar for Pilot Butte Condominiums located near Purcell Boulevard and Lotus Drive for Kidder, Allison Capital Investments. SCHLANGEN: Move the signature. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES 15. PLAT SIGNATURE OF MJP-91-22 Before the Board was plat signature of MJP-91-22 creating two +/- 320 -acre parcels zoned F-1 for Wallace and Francis Chang, west of Sisters. SCHLANGEN: Move signature. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES 16. REAPPOINTMENT OF NORMAN PETERSON TO THE REDMOND URBAN AREA PLANNING COMMITTEE Before the Board was the reappointment of Norman Peterson to the Redmond Urban Area Planning Committee. SCHLANGEN: Move reappointment of Norman Peterson. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES 17. DECISION ON THE CONDITIONAL USE PERMIT FOR A LIVESTOCK ARENA TO DIVIDE A 20 -ACRE PARCEL INTO TWO, 10 -ACRE PARCELS IN AN MUA 10 ZONE MINUTES PAGE 9 2-3-93 Before the Board was a decision for a livestock arena to divide acre parcels in an MUA 10 zone. 0120-1152 on the conditional use permit a 20 -acre parcel into two 10 - Rick Isham said there had been a motion to reopen the record. He recommended that the motion be denied. Chair Throop stated that, under advice of legal counsel, there was no provision in the procedures ordinance to allow this. SCHLANGEN: I move denial of request. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES Chair Throop said that information was received from the applicant after the record was closed and, therefore, could not be considered. Chair Throop initiated discussion regarding setting the indoor arena issue aside and accepting that it was a farm building for use of the applicant for his/her own farm related activities with no public uses except public uses that would fit the definition of whatever a farm use would be, looking at approval of activities applied for only in the outdoor arena as Commissioner Schlangen suggested, and accepting the "side boards" laid out in the hearings officer's decision for use of the outdoor arena. They did not arrive at a conclusion. Rick Isham questioned if the application was adequate. George Read responded that the application and.fee had been filed. He said the application had not been accepted and anticipated acceptance that week. He said that the application was adequate. Commissioner Schlangen questioned why the Board was dealing with the issue if the application was going to be modified. Chair Throop agreed and said he did not want to set any precedents and wanted to make a decision without setting any precedents. Bruce White said it either fit within the use or it did not. Chair Throop asked if there was a way to defer the indoor arena. Rick Isham said the Board could determine that an indoor arena was not a livestock arena. If the Board were to make the decision that indoor arenas are included, then the question would be "had the applicant demonstrated that the building could qualify for public use." Commissioner Schlangen said she could allow denying the petition until the site plan was available. Chair Throop agreed that if it were to be appealed, it would go through the appeals process and the County would know where it stood. Bruce White said if the outdoor use was approved, it would be MINUTES PAGE 10 2-3-93 0120-1153 less likely to have a problem with boarding, breeding, and training if there were no public use of the indoor facility. George Read said the applicant could have done a better job setting forth exactly what they wanted to do. Chair Throop responded that the applicant had written to the County more than once asking what the standards were. George said the application had been shaped by "what will you approve." He said the hearings officer "totally changed" the application by imposing conditions and limits on the use that were not proposed. Chair Throop said that it was important to have something clear and objective. He said the question was if the outdoor area was suitable and compatible. He felt that with the conditions that would be imposed, the answer was yes. Commissioner Schlangen asked for direction from planning. Brain Harrington said the applicant would be subject to full blown site plan review. Rick Isham asked when a person applied for a conditional use if it were necessary to do a site plan. Brian responded "no." George Read also agreed that it was not unusual not to have a site plan but it was best to apply for one at the same time and with that type of application, it was unusual not to have a site plan. Chair Throop said, I would move that the indoor arena is a farm use that would be utilized by the owners of the property for their own uses and not public uses, that we assume for the purposes of this decision that the indoor arena is approvable under the provisions of the ordinance, and if approvable that it has not been demonstrated that it could meet the requirements necessary for public occupancy, that the outdoor arena does meet the provisions of the ordinance and that the outdoor area is suitable and compatible, dependent upon the outcome of the site plan process, that the partition be denied because it would be premature to approve the partition short of the site plan process. The other conditions of the hearings officers also be retained to serve as side boards for the outdoor arena in the site plan review process." Commissioner Schlangen said that she did not agree with leaving the conditions in for the outdoor. There was no second for the motion. Bruce White discussed the scope of the use regarding rental facilities. He asked if the entire arena would be rented and if riding lessons constituted horse training. He said there was an issue of getting into the boarding, breeding, and training area. Would they be renting individual horses or just the facility. Chair Throop responded that it meant the rental of the facility and the training of horses as focused on individual not the horse. Bruce questioned if renting horses for riding lessons would be considered training. MINUTES PAGE 11 2-3-93 0120-1154 Chair Throop stated that he saw training as focused on the individual not the horse and that the intent was for people to bring horses and rent the arena. He stated he would entertain an alternate motion or friendly amendment. Commissioner Schlangen said "I would like to deny the application, deny the partition, and deny the other uses. I am not going to second the motion." Chair Throop said he wanted to state for the record that the burden of proof was on the person or party appealing and that he was going to continue to support counsel's view of a week prior and not support the latest interpretation. There was discussion regarding the applicants waiting until a third commissioner returned. There was also discussion regarding obtaining a caveat requiring the applicant to sign a letter saying they agreed to a deferral until there was a full commission. Chair Throop said, "I thing I will withdraw the motion before it gets seconded." It was concluded that the issue would be "put off" until the following Wednesday, February 10, for staff to determine if it were feasible to postpone the decision until a full commission were available. 18. CHAIR SIGNATURE ON THE SUBMITTAL OF A LETTER TO FERC IN THE MATTER OF THE APPLICATION OF PACIFICORP FOR A SUBSEQUENT LICENSE FOR ITS BEND, OREGON HYDROELECTRIC OPERATIONS Before the Board was discussion of chair signature of a joint City of Bend, Deschutes County, and Bend Metro Park and Recreation District letter of request to the Federal Energy Regulatory Commission for the Bend Hydroelectric Project EIS. THROOP: SCHLANGEN: THROOP: VOTE: Let's go ahead and approve this subject to review. So moved. Second. SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES MINUTES PAGE 12 2-3-93 DATED this 34Q day of �i of Commissioners of Deschutes County, ATTEST: Recording Secretary MINUTES PAGE 13 2-3-93 0120-1155 1993, by the Board J Pope I SghlpTfgen, Commissioner &'Cl� B. H. Slaughter, Commissioner