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1993-12351-Minutes for Meeting March 10,1993 Recorded 4/20/199393-12351 "' �� §+§ ,nl�/T�]J■ MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS can n , 2� P�� �; �9 March 10, 1993 cft �, YAR l LE{ Chair Throop called the meeting to order at 3:07 p.m. Board members in attendance were Tom Throop and Nancy Pope Schlangen. PUBLIC HEARING: A-93-1 APPEAL OF CU-92-166/SP-92-131/LM-92-129 SUN VILLAGE REALTY, 56896 VENTURE LANE, SUNRIVER FOR DEVELOPMENT OF A GAS STATION/MINI-MART/REAL ESTATE OFFICE IN I/PC ZONE Before the Board was a public hearing to consider the Sunriver Village Realty request for development of a gas station/mini- mart/real estate office at 56896 Venture Lane, Sunriver, Oregon, which is located in an I/PC zone. Chair Tom Throop asked for disclosure from Commissioners for any pre -hearing contacts on this matter. Commissioner Schlangen reported having no pre -hearing contacts. Commissioner Throop also reported having no pre -hearing contacts. Chair Throop also asked audience members if they felt either member of the Board or the Commission should be challenged with bias or incapability to deal with this application in a fair manner. No challenge was made from the public. Patsy Hovick presented the staff report. A public hearing had been held on November 5, 1992 to review an application to construct a 8,700 square -foot gas station and mini -mart with offices to incorporate a real estate office and property management company. A decision was rendered by the Hearings Officer on December 29, 1992, for denial of the application. Patsy Hovick said the Hearings Officer cited seventeen conclusions of law and reasons for denial. The staff report outlined the reasons for the denial. The first one is the inadequacy of the site plan. The Hearings Officer's decision found the site plan information submitted by the applicant lacking in several elements as related to the land use criteria. The applicant submitted a site plan that included a landscape plan, elevation, floor plan, and burden of proof statement addressing the additional information required by ordinance. The second reason for denial was the inconsistency with the Sunriver master plan. The third issue was lack of adequate transportation access to the site. The Hearings Officer gave conclusions of law that expressed concern about an overload of the intersection into the business park. In the last issue, the Hearings Officer applied the definition of shopping complex to the proposed use. In applying the definition of shopping complex of Title 18, it specifically requires that you not draw traffic outside the rural area. Dick Johnson, Department of Public Works, expressed no formal stand on this application. He said the Public Works Department was asked to address transportation and drainage issues. The comment made to CH EU �. u, 1943 the Hearings Officer was that an access permit would have to be obtained from Deschutes County Public Works Department for access to Venture Lane and Enterprise Drive. A turnaround would have to be provided on the property so that vehicles do not have to back out onto Venture Lane or Enterprise Drive. All surface water from roofs and parking areas would be disposed of by the use of DEQ approved dry well or retention pond. The applicant must install and maintain all landscaping so as not to interfere with the required sight distance at the intersection of the driveway and Venture Lane or South Century and Venture Lane (a traffic engineer found that the existing sight distance was adequate). No vehicular access shall be allowed directly to South Century Drive from this property. A bicycle rack shall be installed with space for six to ten bicycles. A recycling area shall be provided adjacent to the trash area and all DEQ requirements shall be met for underground fuel storage. Dick Johnson listed other additional questions that he felt had to be answered from a standpoint of transportation regarding this site. 1. What share of the estimated 666 trips per day generated by the proposed use will be bypass trips on South Century Drive that wouldn't otherwise be going into the business park? 2. What percentage of the trips to purchase gasoline will be made by people going to the business park for some other reason any way? 3. How many trips involving a left turn at the main entrance into Sunriver to purchase gasoline will be eliminated by people now able to make a right turn in and out of the service station to purchase gasoline? 4. Would the owner of this proposed new business, as well as other business park property owners, be willing to contribute funds to the County to construct a left turn refuge lane and right turn acceleration lane on South Century Drive when the traffic volumes at Venture Lane and South Century intersection warrant such facilities? 5. Would the applicant be willing to widen the exit lane on Venture Lane to at least twenty-eight feet, two lanes, to provide additional storage for vehicles turning left or right on South Century Drive? Chair Throop opened the public hearing. Martin Hansen, attorney for the applicants, stated that there were three findings that were uncontested: the majority of the business park owners do support this use in the business park; a large MINUTES PAGE 2 MARCH 10, 1993 number of the customers for this facility will be drawn from the business park; and the opponents were economically interested. Martin Hansen stated that the traffic situation was not overloaded now and it would not be overloaded by this use. He also stated that this use is incompatible with the Sunriver core area as it exists. He stated that shopping complex is not the definition to be applied to this use and the movement of the property management office would not be prohibited. Jim Quinn, President of Sunriver Business Association, stated he owns the property directly across the street from the proposed gas station. Jim Quinn stated that the problem was not at the entrance but on South Century Drive. He stated police have regulated traffic to allow people through who are going on to Highway 97 to do so, and then let the traffic through to Sunriver. He also said Sunriver is a destination resort and that they do cater to tourism, so they needed to solve this problem. Chair Tom Throop asked Mr. Quinn how he thought we could solve this problem. Mr. Quinn responded by saying he thought there needed to be a wider road and more diversified areas to serve the tourist so they don't have to funnel into just one area. Mr. Quinn said he felt the room tax that is generated by the tourist is very important. Tom Throop asked if the owners in the business park would be willing to do a local improvement district to get a wider road? Mr. Quinn said he couldn't speak for the owners, but the owners are business men and women and they are concerned about growth and expansion. Mr. Quinn felt it would benefit every one of them. Tom Throop asked if business park owners were willing to solve the problem. Mr. Quinn said it has been a problem for a long time and it continues to get worse as Sunriver continues to grow. Mr. Quinn felt that the entrance to the business park has been brought up to County standards and was now under the maintenance of the County. The people that live in the area have demonstrated to Mr. Quinn overwhelming support for this project. He reported a number of owners had contacted him and most of them felt very positive about it. In addition, Mr. Quinn felt that the industrial zone had been skirted on many occasions. Mr. Quinn said that any traffic generated by this new business would be a great benefit to the rest of the business park. Mr. Quinn felt that the highest and best use of this property would be to service the people in this area. MINUTES PAGE 3 MARCH 10, 1993 Martin Hansen, attorney, said the applicant is willing to put in this left turn lane, if necessary. Martin Hansen submitted a five page interpretation exhibit. According to the County's own figures the intersection is at level "A". Mr. Hansen said the County designs their intersections with reality in mind which would be a level "D". Mr. Hansen said if the load at that intersection was doubled, it would still be acceptable. Mr. Hansen reported that Texaco had studied the demographics, site, and competition. Texaco estimates between 50,000-70,000 gallons a month will be pumped which equates out, at a worse case scenario, of 5,000-7,000 cars per month. Due to the type of cars we drive in this area there is a higher number of gallons with a fewer number of cars. This breaks down to 233 additional cars because of this use. Mr. Hansen questioned if these were going to be 233 additional cars coming into the business park. He felt that a good amount of volume would already be generated from the business park. Mr. Hansen said the Hearings Officer incorrectly concluded that the applicant didn't give the correct figures or changed the figures. Mr. Hansen reported that the figures that came from the County were taken during the month of September which was an average month for traffic on Century Drive. Mr. Hansen said the figures clearly show that there is not an unacceptable level of traffic. Mr. Hansen discussed whether this use was incompatible with the other use in the Sunriver core area. He felt that is was incompatible because of the heavy traffic at the main entrance and core area of Sunriver. Mr. Hansen said the Hearings Officer recognized that there was a need for another gas station in this area. Mr. Hansen then discussed whether the property management company could be moved or not. He said commercial uses were permitted in the industrial zone as long as uses were not inconsistent. Commercial uses are defined by the "C" district when you have a planned community. The "C" district allows for business offices, realty offices, dry cleaners and allows for accessory uses customarily appurtenant to the permitted use. Property management is an appurtenant use. Mr. Hansen reported that this applicant does have RSC property one mile away but that property was not acceptable for this use. It is close to the Deschutes River and off of Century Drive where no one would stop. Mr. Hansen reported that the applicant sent out over 51000 cards asking people to voice their opinion as to if this was a needed use. The applicant received 2,000 cards in support of this gas station. MINUTES PAGE 4 MARCH 10, 1993 Dennis Deffelson testified in favor of the application. He stated that he and his wife each have a business and they are in and out of the business park several times every day. He feels it is by far easier to get in and out of the business park than Sunriver during the busiest times. Mr. Deffelson does not see the school location as a major problem. Chuck Scrogin, a homeowner in Sunriver for eight years, testified in favor of the application. Mr. Scrogin felt the core area traffic has dramatically increased in the last eight years and that getting in and out of the core area was getting increasingly difficult. Mr. Scrogin felt that a gas station in the business park location would make a great deal of sense. He was not sure that a mini -mart was necessary because of the market already located close by. Mr. Scrogin utilizes the business park at least once a day and has never seen a child walking along Century Drive. He doesn't see the gas station being a conflict with the school location. Greg Hendricks, attorney, representing business owners and resident owners in opposition of the development of a gas station/mini- mart/real estate office in I/PC zone, testified in opposition. Mr. Hendricks requested that the records remain open for seven (7) days to respond to the new materials that have been submitted today. Chair Tom Throop said it may be extended for longer than that because he will be out of town for a week. Chair Throop suggested fourteen (14) days. Greg Hendricks said the Hearings Officer's findings were that this proposed highly intensive use was not compatible at this location. Mr. Hendricks reported that there was no discussion of the new golf course that will be going in not far from this site, as well as the multipurpose area being built at the school, both of which would cause more traffic. Mr. Hendricks said the promise of cheap gasoline was being used to sell the business owners and users on the project, but there was no way that this promise could be enforced. Mr. Hendricks pointed out that the Hearings Officer felt the applicant's evidence was contradictory and tailored to prove whatever the applicant felt was required. Greg Hendricks addressed the issue about the mix of commercial and industrial use areas. He felt that if this commercial use was allowed, the industrial use would be lost and there wouldn't be any industrial area between LaPine and Bend. Mr. Hendricks mentioned that there were 2,500 to 3,000 cards which were not returned and felt that if the opponents had sent similar cards out, the response would have been a much higher return. MINUTES PAGE 5 MARCH 10, 1993 completely commercialize the business park and preclude industrial uses. He felt that created a traffic hazard for all who use the park. John Ash, a resident of the Fall River area, spoke in opposition. He stated that the advantages needed to be weighed against the disadvantages. Mr. Ash felt the disadvantages far outweighed any advantages that might be realized. The traffic situation and the safety factor should be strongly considered. Barbara Hostbjor expressed concern about a gas station at the proposed location. She picks her children up at school every day and it is very congested at that time. Ms. Hostbjor felt that a gas station is going to make the problem worse. Wendy Jones expressed concerns about the suggestion of a gas station being put on the property on Spring River Road. She felt the underground storage tanks being that closely related to the river could cause some real problems. Ms. Jones also expressed concern about future development if growth was stopped in the business park. There being no further testimony, Chair Tom Throop closed the public hearing at 4:50 p.m. Martin Hansen wished to address some of the issues that were raised during the earlier testimony. Mr. Hansen stated that as far as the school was concerned, it was a closed and fenced campus and the school district has expressed no concern. Mr. Hansen suggested that if the industrial park was going to get off the ground and grow, they would need to be able to stop and get gas on the way home without going into Sunriver. Martin Hansen submitted two photos of the entrance to the business park and the county traffic count study. Greg Hendricks said there is evidence that children do travel in this area. Mr. Hendricks stated that if the proposal is actually to provide for the people who work in the business park, then they could make this a card -lock facility. Mr. Hendricks felt that the purpose of this gas station was for syphoning traffic off of Sunriver. Mr. Hendricks felt that this proposed project would crush any ability of any industrial use to go into the business park. Mr. Hendricks felt the applicants had not clearly stated why this was incompatible with Sunriver Village Mall except that Abbott Drive was a bad intersection already. Mr. Hendricks expressed further concern about the County creating a traffic study for the applicant. Tom Throop asked Greg Hendricks what he perceived the theories were on both side of the shopping complex debate and why he believed his interpretation was the correct one. MINUTES PAGE 7 MARCH 10, 1993 C_' +_ -1 _ pi Greg Hendricks believed that the Hearings Officer's point was that there was a definition for shopping complex and this proposal fit that definition. The one place that use is allowed is in the Rural Service Center. Tom Throop asked what the other side of the argument would be. Gary Hendricks understands Mr. Hansen's argument is that this does not fit the shopping complex definition. Tom Throop asked Patsy Hovick why county staff does not feel this application fits the definition of a shopping complex. Patsy Hovick gave the definition of shopping complex. Shopping complex is a group of commercial establishments planned, constructed, and managed as a total entity with customer and employee parking on site and a steady consideration of integration with its surrounding area. The definition of shopping complex is used in the Rural Service Center only. Patsy felt that this definition was not appropriate because what is required of a shopping complex is that it service a rural area. It cannot draw outside customers or service outside interests. Patsy Hovick did not feel that it would be appropriate to apply that definition to this use. Patsy Hovick added that the Hearings Officer listed seventeen reasons for denial and eleven of these had to do with the site plan. Many of those issues could be addressed with a new site plan. Patsy also said that the setback was not adequate. Staff would request that the Board make a finding regarding the setback not meeting the required 100 feet. Patsy Hovick requested that if the Commissioners do decide to change the decision of the Hearings Officer, that recommended conditions of approval be adopted that were originally in the staff report with a couple of modifications. One modification would be that the applicant place money with Deschutes County in a trust account to be used for outside road improvements. The only other change would be that the site plan be adequate. Chair Tom Throop suggested that the record be left open until Wednesday, March 24, at 5:30 p.m. and to schedule the decision for 10:00 a.m. on Wednesday, March 31, 1993. Chair Throop asked Dick Johnson, Public Works, to be defensive about Gary Judd's participation. Dick Johnson understood that Gary Judd had a program on his computer and that the applicant's traffic engineer came in to use the computer and run the numbers. Tom Throop asked whether Mr. Judd prepared these documents, to which Dick Johnson replied he didn't know. Chair Throop requested Larry Rice to provide a letter of response to the question regarding Mr. MINUTES PAGE 8 MARCH 10, 1993 _"I f) 47) Judd's participation within the fourteen -day period so that it could be included as part of the records. The public hearing was adjourned at 5:13 p.m. and continued to March 31 for decision. DATED this /0 tll day of 1993, by the Board of Commissioners of Deschute County, Oregon. ATT T: L Recording Secretary T Throop, chair W4 0��'L Nancy Pope\'Schlclngen, Commission6r 24z�z�_a� B. H. Slaughter, Commissioner MINUTES PAGE 9 MARCH 10, 1993