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1993-18521-Minutes for Meeting April 29,1993 Recorded 6/8/1993. y 93-18521 0126-116'1 PUBLIC HEARING MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS April 29, 1993 .9� Chair Throop called the meeting to order at 9:10 a.m. J'�;3pa Bamembers ryrSlaughter. Also in att nd nceo was Patsy Hovick. langer nd`�p� BOARD CALL UP OF DESCHUTES COUNTRY STORE LM -92-176 AND SP-92-16Z�i, Chair Throop reported the primary reason for the Board call up was to review the original requirements for the store. He felt there were at least three primary concerns: 1) an access on the east side facing Highway 97; 2) parking on the east side facing Highway 97; and 3) moving the pumps to the northeast corner of building which would be closer to Highway 97. The Board wanted to review this to make certain the store is keeping with the original understanding of not trolling for traffic off of Highway 97. Patsy Hovick gave the staff report. She listed the applicable criteria for this review. She reported that an administrative decision was made on January 21, 1993 by the Planning Director granting approval for the change in location of the gas island pumps about 40 feet south and about 20 feet to the east. This also was to incorporate a new door along the east side of the building and six new parking spaces. That decision was recalled by the Planning Commission and a hearing was held on February 10, 1993 to review the administrative decision. The decision was upheld for the original administrative decision with some modifications. It was decided that the 1990 landscape plan should be incorporated again because of the loss of trees since 1990 due to the drought. It was requested that an additional 15 trees be planted between the proposed gas island and Highway 97 to offer screening. Discussion also took place about lighting and past violations. Chair Throop asked if notice had been sent to people who had been participating in this process. Patsy Hovick stated that the standard notice of public hearing had been sent out. She said it had been sent to all of the property owners and the various agencies that might be affected. Chair Throop asked if notice had been sent to the individuals who participated in the proceedings. Patsy reported that it had been. Commissioner Schlangen asked if there had been any changes on Baker Road plan. Bob Bryant, Oregon Department of Transportation, reported this was not changed. He reported that there had been discussion about acquiring the store entirely and providing for a ramp onto Highway 97. Chair Throop asked for more information about the discussion regarding buying the store entirely. Bob Bryant said there was a request by the agency to look at acquiring the store property entirely with the idea that a south bound on ramp would be needed in the future. The outcome of that discussion 11,�CkO�EQ KE Ep,J,t•1�.i-1EG 0126-1162 was to base the decision on the results of the appraisals. There was a significant difference between the partial acquisition and total acquisition. It was decided that they would move ahead with the partial acquisition. Commissioner Schlangen asked if Bob Bryant would describe the height of the road and overpasses compared to the Deschutes Country Store. Bob reported the new elevation of the roadway will be 4 feet below what the existing road is now. They will be dropping the elevation of the roadway through this area. Baker Road will be up in the air 20 feet from the existing roadway elevation. Commissioner Schlangen asked how the access from Baker Road into the store would look. Bob Bryant reported that Baker Road, where it turns into the store, would be nearly down to the existing grade. Chair Throop asked for disclosure from the Commissioners for any prehearing contact in this matter. All three Commissioners reported having no prehearing contact. Chair Throop also asked audience members if they felt any member of the Board of Commissioners should be challenged with bias or inability to make a fair decision in this matter. No challenge was made from the public. Chair Throop opened the public hearing. Bob Lovlien spoke as the representative of Dave Jordan. He reported that Dave Alden, Larry Kimmel and Tim Breeden would also speak on behalf of the proponent. Dave Alden, David Evans & Associates, reported that he had been working with Dave Jordan for about a year and a half in terms of developing an alternative site plan. He reported that the west side will not work because there would be no visibility to the gas island by the clerk, trucks could not deliver without backing up, and existing tanks would not have been able to serve tanks on the west side. A decision was made that a loop road would have to run behind the store and align the pumps so the traffic would be turned towards that loop. Chair Throop asked Dave Alden if the parking spaces on the east would be limited to those customers purchasing gas. Dave Alden felt that anyone going into the store would probably park in the front rather than around the east side. Chair Throop asked if those spaces would be marked for gas customers only. Dave Alden said he could see no reason why they couldn't write that on the pavement. Dave Alden reported the loss of trees was related to an irrigation failure. The Planning Commission is requiring that those trees be replaced and the irrigation system be maintained. MINUTES PAGE 2 APRIL 29, 1993 0126-1163 Commissioner Slaughter asked if the loop road would be put in for easier access to the piece of property next to the store. Dave Alden said it would serve two purposes. It would provide a better ingress and egress to the store as well as access to the neighboring property. Commissioner Slaughter asked if there was any way to change the entrance to the store to the west. Dave Alden said it was not possible because of the laundromat being located on the west side of the store. Larry Kimmel, a local BP distributor, sells gasoline to the Deschutes Country Store. He reported that Dave Jordan's store was the only one that did not have a sign, prices and identification separate because of some zoning regulations. He said this was a compromise worked out with BP. He reported that this canopy is the only one that does not have BP colors on it. It is also the only BP sign that actually sits on top of the River Woods sign. BP normally likes their identification to be separate from the rest of the store. He said that BP has made several considerations to local zoning ordinances. The only other signs are the ones that say "gas next right" or "gas next left". Those two signs were applied for, paid for and permitted in an association between BP and the State of Oregon. He said he was not sure how many more concessions BP would make. Tim Breedon, Deschutes River Home Owners Association, felt that the store is one of the basic building blocks of the neighborhood. He felt the County's responsibility was to facilitate the highway improvement by enabling the store to make the changes required. He felt the changes were forced on the store by the State. He was concerned about limiting the store's business. He felt that when the new intersection goes in, the traffic will be well past the off ramp before they will see the store. Bob Lovlien summarized by saying that with Baker Road being 20 feet high, it will effectively block the view of the store. He reported that Dave Jordan has agreed to put in 15 new trees and replace the trees that had died. He also felt the east side parking provides necessary space to move vehicles out of the gas pump area in order to go in and pay for their fuel. Chair Throop asked why the prior landscaping requirements were not met. Bob Lovlien responded by saying that a drip irrigation system was installed for the landscaping but someone had severed the hoses. Chair Throop asked what the plan was to make sure that the landscaping requirements were met. He asked what would be different this time. He also stressed the importance of not trolling for traffic off of Highway 97. Dave Jordan said that he did meet all the requirements. He planted the trees and installed a drip irrigation system. He reported MINUTES PAGE 3 APRIL 29, 1993 0126-1164 someone had accidentally cut the drip system lines. He said he would follow the direction he was given. Dennis McKenna asked if it was customary that parties of record be sent notice about this meeting. He said he had attended the Planning Commission meeting but he did not receive any notice of this meeting. Patsy Hovick responded by saying that everyone that was in attendance at the Planning Commission meeting was supposed to have been sent a notice of this hearing. She reported that she was surprised that it had not been sent to Mr. McKenna. Dennis McKenna requested that the decision be postponed on this issue so that he and other proponents could prepare for this issue. Chair Throop felt it was possible to leave the record open for seven days. This would allow time for those who did not receive a notice of the hearing to respond in writing. Dennis McKenna said the owner trimmed the lower branches of trees that screened the store from the highway. He felt the owner of the store did not meet the requirements of landscaping or the variance for road improvements on Baker Road. He felt like the oil company was trying to dictate the land use requirements. He is not opposed to the store being there or Dave Jordan. He felt there were sign violations in the store at the present time. He did not feel it was necessary to have access on the highway side, they did not need to have more lights on the highway side and the canopy did not need to be on the northeast corner. He did not believe the possibility of locating the gas island on the west side of the store had been fully explored. Larry Kimmel reported that BP had requested that "Welcome" signs be put on the canopies in the city of Bend. These would be in violation of current sign codes in the county and BP agreed not to go against a county ordinance. Dave Alden reported that the large tree located near the northeast corner of the Deschutes Country Store would be saved. He also reported the lighting will be limited on the east side. It would be for public safety but not for advertising. Commissioner Schlangen asked about the lighting for the door to be placed on the east side. Patsy Hovick said the Planning Commission wanted the lighting plans to be submitted for approval. Nancy Schlangen asked where the door would be located on the east side. Dave Alden said he anticipated it being in the center of the east wall. Chair Throop stated that one of the primary concerns was not having the store visible from the highway. MINUTES PAGE 4 APRIL 29, 1993 0126-1165 Bob Lovlien reported that the main entrance will stay the same. The east entrance would be for the convenience of getting people in and out of the gas island as quickly as they can and for the people paying for their fuel. If the light coming out of the door was a problem, the window in the door could be restricted to the top half of the door. Dennis McKenna felt that people could walk around to the main entrance after paying for their gas. He did not think the parking or an entrance on the east side was necessary. He felt the canopy should be located directly north of the store and not northeast. Chair Throop stated that the record would be left open until May 6, 1993 at 5:00 p.m. The decision on this matter will be made on May 10, 1993 at 10:00 a.m. SLAUGHTER: I move we leave the record open for one week for written testimony. SCHLANGEN: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES DATED this 4 q 4k day of u , 1993, by the Board of Commissioners of Deschutes County, Oregon. ATTEST: Recording Secretary Barry H./ Slaughter, Commissioner MINUTES PAGE 5 APRIL 29, 1993