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1993-33049-Minutes for Meeting May 11,1993 Recorded 9/16/19930128-0010 -3-30411 935 PUBLIC HEARING MINUTES' 41 DESCHUTES COUNTY BOARD OF COMMISSIONERS May 11, 1993 Chair Tom Throop called the meeting to order at 6:35 p.m. Board members in attendance were Tom Throop, Nancy Pope Schlangen, and Barry Slaughter. Also in attendance were Bruce White, Assistant Legal Counsel and Paul Blikstad, Planner. PUBLIC HEARING: T.M. PETE'S APPEAL OF HEARINGS OFFICER'S DENIAL OF PLAN AMENDMENT ZONE CHANGE FROM RL TO RS, FILE NO. A-93-4 (PA -92-4 AND ZC-92-1) Before the Board was T.M. Pete's appeal of the hearings officer's denial of a plan amendment and zone change from RL to RS, file No. A-93-4. 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. Paul Blikstad gave the staff report. He reported that the RL zone has a minimum lot size of 20,000 square feet and the RS zone has a minimum lot size of 6,000 square feet. The applicant submitted these applications in September of 1992. The zone change requests went before the Hearings Officer on November 2, & 9 and December 15, 1992. The Hearings Officer's decision was rendered on February 5, 1993. George Read, Planning Director, reviewed the key issues involved which includes the access problem to the Boyd Acres area and spot zoning. George discussed the difference between a local street and a collector road. Boyd Acres is a local street at the present time. Commissioner Schlangen asked if that area would be annexed into the city when the new school was built. George Read reported that the new school would be within the urban growth boundary but it had not been annexed into the city. Dick Johnson, Public Works Department, reviewed a memo addressing the traffic issues in the Boyd Acres area. He reported that Boyd Acres does have adequate capacity to carry the additional traffic. He felt the present traffic situation on Boyd Acres Road would get some relief when the 27th/Cooley Road was built. This improvement is scheduled for completion in 1994 and concurrent with the opening of the new Lava Ridge Elementary School. Additional traffic relief would be provided by the States installation of a traffic signal at KEY NCHEC r~� ,� 21993 0128-0011 Cooley and Highway 97. This traffic signal is tentatively scheduled for installation in 1994/95. The extension of Empire Boulevard from Yeoman Road to Boyd Acres Road would also provide an alternate route for some of the traffic which now uses Boyd Acres Road. Dick also reported that the applicant would be required to fully improve Boyd Acres Road where it joins the subdivision as well as all roads within the subdivision. He stated that any new road built in this area would have to meet the urban standards. Chair Throop opened the public hearing. Tim Sercombe, attorney for the applicant, reported that this zone change was a request to change from RL, which allows for the development of 20,000 minimum square foot lots, to RS, which allows for 6,000 square foot lots. He reported that the property owners wanted to develop this property into lots which were higher than that with the density being 8,500 square foot lots. Mr. Sercombe felt the change was denied because one of the streets providing access to proposed subdivision has curves in an area about two- thirds of a mile south of the proposed subdivision site. He reported a traffic impact analysis had been obtained. Tim Sercombe felt the issues about compatibility, road development and safety could be better addressed by allowing this change and allowing a subdivision with additional houses to develop on this site. He felt that it would make it easier and less expensive for the home buyer to put in public services such as sidewalks, sewers, and water. He thought the zone change would be good for the area. Tim Sercombe reported there are developments going on in that area now. He stated Dick Johnson said there were a number of planned street improvements which were relevant to the issue about roads and transportation network. He stated there had been some zone changes in this area recently. The subject parcel was recently included in the Urban Growth Boundary by the Board for the Lave Elementary School sight. As part of that development, the school district will be improving and extending Cooley Road, as well as building the 18th Street connector. The school district will also be building a local street that separates the school site from property which is owned by the park district. The street system that is planned for this subdivision has streets that come out on Boyd Acres at two points. The areas of the curves on Boyd Acres that has produced controversy generally begins south of the site. Mr. Sercombe reported the area immediately to the north of this proposed project is parcelized and has streets that come out on Cooley Road. It is parcelized into 20,000 square foot lots. Mr. Sercombe presented slides of various areas along Boyd Acres Road. Mr. Sercombe introduced Tom Lancaster, a consulting transportation engineer. He shared some background history on his education and work history. He submitted a copy of his resume to the Board of Commissioners. MINUTES PAGE 2 MAY 11, 1993 0128-0012 Tom Lancaster reported that he had done a traffic impact study on Boyd Acres Road. He estimated the number of trips generated by the proposed subdivisions based on studies conducted by Deschutes County staff. After estimating the number of trips that would be generated, he reported he then estimated the trip distribution. He estimated the destination of the traffic and which route they would use to get to their destination. He completed one study without the planned street improvements being included and another study which included the road improvements. He reported that the level of service of the road could vary greatly. The level of service can vary from "A" to "F", with "F" being the worse condition you can have. He felt there was plenty of capacity on Boyd Acres Road even with the added traffic from the proposed new subdivision. Tom reported there had been an average of 1.2 traffic accidents per year on Boyd Acres Road. He felt that for the past five years traffic safety had not been an issue for Boyd Acres Road and felt there was no reason for road improvements on Boyd Acres Road due to safety concerns. Commissioner Slaughter asked if it was feasible to straighten Boyd Acres Road. Tom Lancaster felt it would depend on whether the County wanted to keep Boyd Acres a local road or use it as a collector street. Tim Sercombe felt the proposed subdivision was an appropriate development on a local street. He reported that they were not proposing a shift of Boyd Acres Road from a local street to a collector. The road is now being used at 10-15% of its capacity during normal hours and 28-30% of its capacity during peak periods of morning and afternoon traffic. The proposed development will increase the capacity of traffic from 28% to 36%. He felt that Boyd Acres Road was much safer than other comparable roads according to the State Accident Records. Tim Sercombe reported this proposed subdivision will be developed over a four year period. He stated that not all 105 homes will be sold and occupied quickly but over the same time period. Tim Sercombe reported there will be additional traffic on Boyd Acres Road due to the opening of an elementary school in 1994. This development will provide sidewalks along streets which will provide access to the school site. Tim Sercombe addressed plan amendment criteria. He felt the development should be zoned RS because of the proximity to the sewer, schools and road. He felt there were seven good reasons for allowing this proposed subdivision: 1) this property is zoned and planned for residential use; 2) standard residential density should be allowed for land adjacent to the school; 3) proximity to places of employment and commercial centers; 4) standard density of residents allows the improvement of Boyd Acres with curbs and MINUTES PAGE 3 MAY 11, 1993 0128-0013 sidewalks; 5) allows for sharing sewer costs with the school district; 6 ) allows to recoup some of the RS land that has been developed low density over the last ten years; and 7) this project will improve Boyd Acres Road by changing it to 36 feet wide in addition to the sidewalks and curbs. Bruce White asked to what extent the new school was prepared to deal with existing school population as opposed to projected population. Tim Sercombe reported that the new school will have 450 students when it opens with a capacity to increase enrollment by approximately 150 or more. The meeting was recessed at 8:25 p.m. and reconvened at 8:32 p.m. James Lee, Chair of the Boyd Acres Citizens Planning Group, testified in opposition of the proposed development. James Lee reported that 306 petitions were turned in at the original hearings. James Lee felt there were two separate issues involved. One issue has to do with traffic safety. The second issue has to do with changing RL to RS property and how that affects people. He stated he would like to present his testimony in two separate parts. James Lee he felt that the traffic signal at Highway 97 and Cooley Road is on the wish list but not scheduled to be installed. He stated Boyd Acres was originally built with the curves because it was going to be a low traffic and local road. He felt it was reaching close to maximum usage now. He stated he found no fault with the slides present but it is RL land that was shown. Mr. Lee felt the turns and curves were a good idea to slow down traffic. The curves on Boyd Acres are blind and present some very dangerous situations. Mr. Lee submitted posters, opposition petitions, maps, and a video tape. The video tape was viewed by the Board of Commissioners. James Lee reported the video tape was representative of the typical traffic on Boyd Acres Road for a two hour period in the afternoon. James Lee reviewed the traffic engineer's report. He submitted posters which included the number of cars estimated by the traffic engineer to be traveling on Boyd Acres. He felt this report was far different from the actual traffic and conditions on Boyd Acres. James Lee felt the intersection at Cooley and Highway 97 was not a good alternative for people going north on Boyd Acres. He also thought it was a fairly good alternative when returning to the Boyd Acres Road area. MINUTES PAGE 4 MAY 11, 1993 0128-0014 Commissioner Schlangen asked for clarification on the number of students for the new school. James Lee reported that schools are built with the existing population in mind, not for projected students. Bruce White questioned how much pedestrian and bicycle use there was along Boyd Acres Road. James Lee reported that it was not heavy. He felt with the present traffic load, there was room to get around a pedestrian, jogger or bicycle. He felt that if the traffic flow increased, it would significantly increase the risk of accidents. Commissioner Throop asked James Lee if he felt the amount of traffic had been adequately assessed. James Lee said it would be such a dramatic increase in the this area that he was not sure. Mr. Lee then reviewed several points of law regarding zoning. He felt that if the proposed rezoning was approved, the values of the RL zoned land would drop drastically and it would change the character of the neighborhood. James Lee addressed several issues in the T.M. Pete appeal. He felt the proponent was wishing to make the zone change in order to maximize his profits. James Lee expressed his objections to being named as the principal opponent in the appeal. He emphasized that he was only the spokesman for the Boyd Acres Citizens Planning Group. Commissioner Throop asked James Lee to respond to the result of this area being included in the Urban Growth Boundary in 1979. James Lee stated the people in this area bought the land because it was zoned RL. He stated that people were told that it was zoned RL when they purchased the property and that it would not change. Commissioner Slaughter asked if James Lee would give an indication of what Boyd Acres Road was like this last winter. James Lee reported the speed was limited to 5 MPH and it was much narrower because the path they plowed through the snow was not as wide as the road. Mr. Lee asked that the Commissioners go out and drive Boyd Acres Road before they made their decision. Allen Kallel, 63500 Boyd Acres Road, requested that the public hearing be continued on another night. Commissioner Throop explained the public hearing would not be continued on another night, but the record would remain open for written testimony for seven days. Allen Kallel discussed the traffic issues. He felt that a lot of assumption had been made concerning which way the traffic would go on Boyd Acres Road. He felt the people that live there did not drive the major highway, but usually took the back roads where there was less traffic. He reported that his wife is a runner and MINUTES PAGE 5 MAY 11, 1993 0128-0015 she has been run off the road several times. It is a hazardous and dangerous road. Allen Kallel stated the general plan says this zone change cannot affect the value of his home. The character of the area is low density. Mr. Kallel has discussed the issue of low cost housing being built in this area with an appraiser. He reported the appraiser told him that if houses are built under $200,000, the value of the surrounding houses will go down. Allen Kallel stated that the builder was improving the property by putting in streets, sidewalks, curbs, etc. but he is doing this only because he is required to do it. He stated that putting so many homes in a small area does make a big difference to the neighborhood. Commissioner Throop asked Allen Kallel what his vision was of how growth will happen. Allen Kallel felt that it should be based on what the people in the community wanted. He did not think a builder with a lot of money should be allowed to come in and receive zone changes. He felt this was irresponsible spot zoning. He also felt there were a lot of places to build that are zoned RS now. Judy Thorgeisson, 63404 Boyd Acres Road, stated she hoped that if there were going to be changes, that it would be done through the legislature. Norman McCloud, 63568 Boyd Acres Road, testified he lived 600 feet from the proposed development. He also reported the subdivision he lives in, Ranch Village, is only about 50% built out. He felt the builder for the proposed subdivision wanted people to believe there was a big need for this development. He reported there were thirty lots left in his subdivision on which to build so the need was not that great. Mr. McCloud reports he drives Boyd Acres Road because it is a lot easier than getting on Highway 97 and going through traffic signals. Norman McCloud also reported the character of the area is rural with lots of trees and other natural vegetation. Most of the people moved into the area because of the open space, the view and the kind of area that it is now. Norman McCloud also expressed concern regarding the water pressure to the area. He reports the water pressure is not as good as it should be now. He questioned if the water pressure would be less if this new development was built. Bruce White asked how many lots were available in the subdivision where Norman McCloud lived. Norman McCloud responded by saying there were approximately thirty lots left. Bruce White questioned how long ago the subdivision was platted. Mr. McCloud did not know MINUTES PAGE 6 MAY 11, 1993 0128-0016 the information, but someone from the audience responded that the lots were platted in 1980. Commissioner Throop asked what size the lots were. Norman McCloud responded that the lots are 20,000 to 40,000. Commissioner Throop asked what services were available. Norman McCloud said there are paved streets, underground electric & telephone, and Avion water, but no curbs, sidewalks or street lights. Awbrey Blake, 63578 Boyd Acres Road, reported that he moved here in 1985 because he was tired of the city. He had tried to buy the proposed subdivision land in 1985. He reported at that time he was told that he would not be allowed to subdivide it into three parcels. He bought property in the Ranch Village subdivision instead because it was zoned RL and they could not change that. He moved to this area because he wanted the open room. Commissioner Throop asked Awbrey Blake for more information about his attempt to purchase and subdivide the proposed development site in 1985. Mr. Blake reported that he was told he would have to subdivide if he wanted to make it into three parcels. There being no further testimony, Chair Throop asked the parties for rebuttal. He limited the rebuttal to 10 minutes for each side. Tim Sercombe, attorney, stated that the 34 -acre subdivision that was planned previously was for Sunbird I which is the property east of Boyd Acres Road. If both properties were developed at RL density there would be sufficient room for fifty homes on both of the subdivision parts. Mr. Sercombe felt the issue was to what extent the 105 homes compared to 50 complied or did not comply with the plan policies and how it helped finance public facilities. He did not feel that it would interfere with the value of the homes in that area. Tim Sercombe felt that the question was not whether this area was going to be developed or not, but rather whether it would develop in RS density. Tim Sercombe stated that the traffic information reported by James Lee did not come from the report done by the traffic engineer. He recognized that the traffic concerns were real and sincere, but felt the developer was equally sincere in the contention that this development would not cause congestion or excessive traffic accident rates on Boyd Acres. Tim Sercombe stated there were several factors to indicate that standard residential zone was appropriate for this area. He said this area would be developed with houses whether this change was allowed or not. He felt the issue was not whether the change would occur, but rather what the best housing density was for this area. James Lee reported this project will require Avion Water. Avion Water does not think this will be a problem. James Lee reports that T.M. Pete would have to pay $75,000 for the sewer. Mr. Lee MINUTES PAGE 7 MAY 11, 1993 0128-001'7 also stated that if this property was to be developed under RL and the number of homes reduced to 50, they would have no objections as it is zoned RL. He felt the traffic conditions would still be dangerous. He also stated the Boyd Acres Citizen group felt there was plenty of RS land for homes that meets all of the requirements. Commissioner Throop reiterated that the record would be left open until Wednesday, May 19, 1993, at 5:30 p.m. for written testimony. The Board will have a work session on Thursday, May 27, 1993, at 2:00 p.m. for discussion on this issue and a decision will be made at that time. DATED this 11-46u day of Y , 1993, by the Board of Commissioners of Deschutes Co nty, Oregon. ATTEST: Recording Secretary Nancy Pope 7chl ngen, Commission*f 4� r 1F Barry A. Slaughter, Commissioner MINUTES PAGE 8 MAY 11, 1993