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1993-11617-Minutes for Meeting February 17,1993 Recorded 4/14/199393-1161' PUBLIC HEARING MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONER$' APS I ft PM 12; February 17, 1993 aA ­ 011 'TY CLLERK Chair Throop called the meeting to order at 3:10 p.m. Board members in attendance were Chair Tom Throop and Commissioner Nancy Pope-Schlangen. Also in attendance were George Read, Planning Director; Kevin Harrison, Assistant Planning Director; Brian Harrington, Planner; Dale Van Valkenburg, Planner; and Bruce White, Legal Counsel. Before the Board were six applications for uses in the farm zone. Chair Throop explained that the Board had a mandatory responsibility to review all applications prior to the effective date of the farm study. 1. CU -92-168, TOM AND SANDI VAN AKEN This was a Board call-up of the Hearings Officer's findings and decision approving a farm related dwelling on a 564 -acre parcel zoned for exclusive farm use. Dale Van Valkenburg gave the staff report. The applicants were seeking approval of a farm dwelling on a 564 -acre parcel located at 70505 N.W. Lower Bridge Way in Terrebonne and that the property was designated EFU-80 at the time of the application. Staff recommended approval to the hearings officer. The farm management plan included production of turf, barley, wheat, and potatoes on 356 irrigated acres. No testimony was received in opposition to the proposal. There was a mobile home on the property which was to be the primary farm dwelling. Hearings Officer approval was given January 6, 1993. Staff recommended adoption of the hearings officer's decision. Chair Throop opened the public hearing. Being no testimony, the public hearing was closed. SCHLANGEN: I move that we uphold the hearings officer's approval for a conditional use application subject to the four conditions recommended by the hearings officer. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES 2. CU -92-170, PHILIPINNE S. TIRION The staff report was given by Brian Harrington. He said the applicants were seeking approval of a nonfarm dwelling on a 10 -acre parcel located at 19025 Tumalo Reservpyi.r Road, Bend, P, ,Ip 19q� Oregon, and that the property was designated EFU-20 at the time of the application. The property is now located within the Tumalo-Bend subzone. He stated the staff had originally recommended denial and that the hearings officer approved the application on January 8, 1993. Upon reviewing the hearings officer's decision, staff recommended approval with four revisions in wording: Commissioner Schlangen asked why the staff had originally recommended denial. Brian stated there had not been enough evidence in the record to indicate that the property was unsuitable for livestock or crop production. However, subsequent to that, additional testimony had been submitted showing this unsuitability. Bruce White asked about the unsuitability and if were a combination of size and poor soils or just size alone. Brian responded that it was a combination of both and the inability to acquire more water rights. After the Commissioners reviewed maps of the neighboring properties, Chair Throop opened the public hearing. Virginia Stekman, 1193 N.E. Ross Road, Bend, Oregon, stated she represented the applicant. She stated the property could not be farmed as there was the "newer permit water on the property," the water was in poor amount, and no water was available for purchase. She stated the property could not be combined with other parcels in the area as there was no interest from surrounding neighbors and described the neighboring properties as "hobby horse." She concluded that a nonfarm dwelling did not impact farm operations in the area as farm operations did not exist. She also stated that she had brought Jim Burr, an agricultural consultant, to testify as to the quality of soil. She submitted letters to the Board that showed there would be no additional traffic added to the road and that standards were done and that they could not get water. Jim Burr, Burr Agriculture Consulting, 2509 N.E. Shasta Road, Bend, Oregon, stated that he had spent 26 years as a county extension agent with 15 of those years in Central Oregon and 15 in Ontario. He stated his background was soils and that he had 40 years background in Eastern Oregon soil. He stated he had worked on many cases in the Central Oregon area. He said the soil series as outlined by the Soil Conservation Service ran across a wide variety of climates. He said Deschutes sandy loam would run all the way from Crooked River past Deschutes River Woods. He said the yield figures for the series as one moved south dropped drastically and the crops limitation dropped drastically from the Crooked River south. He said 25 ton of potatoes in the Tumalo area would be very hard to obtain or 80 pounds of mint or 90 bushel of wheat because of the climate limitations and spring frosts. Chair PUBLIC HEARING PAGE 2 2/17/93 Throop asked if he was talking per acre and Mr. Burr responded yes. Mr. Burr said the figures related more to the North Unit Irrigation District. He said that when examining the lots, that type of agriculture on small lots such as 10 acres with 2.5 acres of water; people won't be attempting to grow potatoes and row crops. He said the only thing besides alfalfa and pasture that could be grown of such lots would be peppermint roots which he described as an expensive situation to get into. Chair Throop asked about the characterists of the specific parcel and its capability to be an agricultural unit. Mr. Burr said that according to the soils map, the flatter area on top did not have water but if did have water would have potential for irrigating. He said the top and the Deschutes Sandy Loam were very sandy soils with only 1-11 inches of usable water per foot of which 50 percent had to be left for reservoir so that a drought situation is not developed. He stated for that area there was approximately a 11 foot rooting depth for pasture with .8 of an inch of usable water that the soil will hold. He said that during the summer months, a pasture would use .3 of an inch per day and there would be enough water for a three-day supply before irrigation would be necessary. He described that as being "very dry" which was a limiting factor for both of those soil series located on that particular lot. Mr. Burr described the back half as pure rock outcrop. Bruce White questioned Mr. Burr as to what percentage of the back half was rock outcrop. Mr. Burr referred to 6E on the soils map. He stated it was actually about the back 1/3 and exceeded 15-30 percent slope. Bruce asked regarding soil and climatological factors alone without considering size of parcel, did he consider the land generally unsuitable for the production of farm crops and livestock. Mr. Burr said yes and stated "I stick with the statements I made in the letter I sent, there just isn't anything to carry anything." Being no further testimony, the public hearing was closed. SCHLANGEN: I'm ready to make a motion. In my motion, I want to include those changes one through four. My recommendation is that we uphold the hearings officer's approval for a conditional use permit and that it does include those issues we went over. THROOP: Second. Under discussion, Chair Throop stated that it was clear the property had extremely marginal farm potential, that there was PUBLIC HEARING PAGE 3 2/17/93 no possibility for combining with other parcels in the area, and that there was no impact on farm operations in the immediate area as those types of operations were extremely limited. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES 3. MP -92-54, CU -92-171, MIKE KNOELL The applicant, Mike Knoell, was seeking approval of a minor partition to create three 20 -acre nonfarm parcels and a conditional use permit to establish a nonfarm dwelling in an EFU-20 zone. The 60 -acre parcel was located 3/4 of a mile south of the intersection of Arnold Market Road and Billadeau Road. Brian Harrington presented the staff report. He stated that staff had originally recommended approval of the application and that the hearings officer had approved the application on January 5, 1993. Staff recommended affirmation of the hearings officer's decision and to adopt the findings and decisions with certain revisions in wording. Chair Throop opened the public hearing. Janette Haines, 732 Colorado, Bend, Oregon, a real estate agent who represented the owner, said one of the requirements was that utilities were to be provided. She pointed out that utilities had already been provided to the property line. Brian Harrington indicated that they had complied with that requirement. Ms. Haines discussed the lack of available water and that the owner had planted trees, some of which did not survive. She stated it would be easier for the owner to care for the trees with a dwelling on the site. Chair Throop asked if there were any farm parcels in the area and Ms. Haines responded that there were forest service lands on two sides, a subdivision on one side, and a pasture on the north side. Brian stated lands to west and north were of similar terrain to the subject parcel, which were predominantly vacant and nonfarm use. He said that to the south there were some small acreages in various small scale farm use and that to the north, approximately 1/2 mile, there were a few small scale uses with some irrigation. Brian said it was staff's opinion that the area was not commercial farm use and that none of the area was served by Arnold Irrigation District. THROOP: Regarding the changes we could just say item number six in the staff report including sub items 1-10, including the change toward satisfactory progress in sub 6. PUBLIC HEARING PAGE 4 2/17/93 i--- - -_C SCHLANGEN: I move we uphold the hearings officer's approval of a nonfarm dwelling and minor land partition with the wording Tom put in about items 1-10 included under sub 6 with all the corrections, additions, deletions as stated by staff. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES 4. MP -92-55, CU -92-172, ALVIN WALKER Brian Harrington gave the staff report. He said the applicant was requesting approval of a minor partition to create three 20 -acre nonfarm parcels from a 60 -acre parcel located 1/2 mile south of the intersection of Arnold Market Road and Billadeau Road and a conditional use permit to establish a nonfarm dwelling in an EFU-20 zone. The property is now part of the Tumalo-Redmond-Bend subzone and is located next to the previously heard property, MP-92-52/CU-92-171. Staff originally recommended approval. Brian stated that one letter had been received from an adjacent property owner raising a question as to the point of access. The hearings officer approved the application on January 6, 1993. He stated there were omissions which had been submitted to the Board. Staff recommended that the Board uphold the hearings officer's decision as the area was nonresource lands. Chair Throop asked about Dr. McCleery's letter concerning access. Brian responded that the issue was where the access point was going to be and that also, according to Dr. McCleery, the original survey was wrong. Brian said staff had talked with Dr. McCleery and that it was determined to defer to the County Surveyor at the time the mylar was submitted as to whether or not it was accurate. Commissioner Schlangen asked if the red cinder road was the main access road. Brian responded no and that Butte Ranch Road would be the main access road. Bruce White asked how the issue of the survey could be ensured. Chair Throop said that it would be called surveyor verification and would be added as a condition. Chair Throop opened the public hearing. Janette Haines, 732 Colorado, Bend, Oregon, represented the applicant. She said the back easement, the road to Dr. McCleery's house, was the very clear end of the property. She PUBLIC HEARING PAGE 5 2/17/93 5. said the applicant was not interested in "pushing that line back and taking possession of anything past that road." She said the applicant would not object to surveyor verification if it were done within a reasonable time. Jim Bruce, 60233 Horse Butte Road, Bend, Oregon, said he was a neighboring property owner who abutted the proposed partition. He said he did not have any objection as there was no farm potential. He said he also abutted Dan McClerry's property. He said his only concern was to make sure that the property lines were clearly defined so that there would be no future problem in transferring property. He also expressed concern for the use of the red cinder road. He said that construction workers had used the road frequently because of ease of access and hoped that people who used the road would participate in the upkeep of the road. Commissioner Schlangen confirmed that one of the conditions was the use of Horse Butte Road. Ms. Haines stated the access should be Butte Ranch Road and that the owners would use Butte Ranch Road and participate in a maintenance agreement. She said that the use of the red cinder road would not be allowed. Jim Bruce said he was satisfied with the Commissioners' suggestion that the County Surveyor should verify the property lines and straighten out the problem. Dave Bateman, P.O. Box 443, Bend, Oregon, surveyor of record on the partition, said the written description called for easement from the center line. He said his client was willing to make sure the road was inside the easement. There was further discussion of the easement. There also was further discussion of a maintenance agreement and the secondary access. It was determined that staff would be allowed seven days to "iron out the specific language for the condition" as there appeared to be legal questions involved as far as the enforcement of the secondary access. The Board decision date was set for Wednesday, February 24, 1993, at 10 a.m. CU -92-175 AND CU -92-176/ HENRY MOLINO This was a Board call up on the hearings officer's findings and decision approving two nonfarm related dwellings, one on a 19.5 -acre parcel and the other on a 9.77 -acre parcel both zoned for exclusive farm use. The staff report was given by Dale Van Valkenburg. He said that 92-175, located at 69311 Holmes Road, Sisters, Oregon, was for a nonfarm dwelling on 19.5 -acres zoned EFU-40WA at the time of application and currently in the Sisters -Cloverdale subzone. He said 92-176 was located at 17955 Edmundson Road, N.E. of Sisters and that PUBLIC HEARING PAGE 6 2/17/93 these two properties abutted each other. Commissioner Schlangen asked if there was wildlife in the area. Dale responded that the property was in the Metolius deer range. He said that there were farm uses to the south with a small sheep ranch operation. He said the hearings officer approved both on December 10, 19 9 2, and that staff had recommended approval based upon the rocky, raised outcrops without soil, lack of any irrigation water, and lack of conflicts with adjacent parcels. He said the area was heavily parcelized nonfarm uses. Staff recommended adoption of the hearings officer's findings and decisions. Chair Throop opened the public hearing. Being no testimony, the public hearing was closed. SCHLANGEN: I will make a motion to accept the hearings officer's approval of the conditional use for nonfarm dwellings on tax lot 14-11-32-1602 and 14-11-32-1601. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES DATED this /17JJ,_ day of 1993, by the Board of Commissioners of Deschutes County, 9616gon. ATTEST: Recording Secretary PUBLIC HEARING PAGE 7 Tom Throop,IChair 1 Nhnicy Pope) Schlangen, Commiss7her &rlu� B. H. Slaughter, Commissioner 2/17/93