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1994-26569-Minutes for Meeting May 04,1994 Recorded 6/28/199494-26569 MINUTES 0135-26^5 DESCHUTES COUNTY BOARD OF COMMISSIONERS` ' '''' ^ " n• � May 4, 1994 Y Chair Nancy Pope Schlangen called the meeting to order at 10:08 a.m. Board of County Commissioners in attendance were Nancy Pope Schlangen, Barry Slaughter, and Tom Throop. Also in attendance were Frank Moore, Mental Health Director; Lt. Greg Brown, Sheriff's Department; Darrell Davidson, Sheriff; Terry Silbaugh, Search and Rescue; Rick Isham, County Counsel; George Read, Community Development Director; Bruce White, Assistant County Counsel; Kevin Harrison, Planner, Ralph Delamarter, Librarian; Dale Van Valkenburg, Planner; and Catherine Morrow, Planner. 1. CONSENT AGENDA: Consent agenda items before the Board of County Commissioners were: 1) appointment of Greg Brown to the Deschutes County Local Alcohol & Drug Planning Committee; 2) award of bid for the seal coating of asphalt parking lots for Deschutes County; 3) signature of Quitclaim Deed for settlement of forfeiture as a result of a drug arrest; 4) approval of request for out-of- state travel for Kate Moore to attend Childhood Lead Poisoning Workshop; 5) signature of personal service contract for B.J. Fowler to provide auctioneering services at the land sales auction on June 3, 1994; and 6) signature of window cleaning contract with Jay Lenhardt. THROOP: I would move approval of the six consent agenda items. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 2. PRESENTATION OF FOREST SERVICE RECOGNITIONAWARDS FOR THE CENTRAL OREGON ARSON TASK FORCE Stan Kunzman presented recognition awards to the Central Oregon Arson Task Force. The awards were presented to Darrell Davidson, Greg Brown, Terry Silbaugh, Ron Devine, Larry Garibay, Larry Blanton, Dave Dobler, J.D. Moore, Randy Graves, and Pete Penzenik. 3. SIGNATURE OF RESOLUTION NO. 94-048, PROCLAIMING THE MONTH OF MAY, 1994 AS MENTAL HEALTH MONTH Before the Board was signature of Resolution No. 94-048, proclaiming the month of May, 1994, as Mental Health Month. ICEYP 9liED 4. 0135-2626 SLAUGHTER: I would move approval of Resolution No. 94- 048, proclaiming the month of May as Mental Health Month. THROOP: I'll second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES PUBLIC HEARING ON ORDINANCE NO. 94-026, AMENDING CHAPTER 18.16 OF THE DESCHUTES COUNTY CODE, NONFARM DWELLINGS Before the Board was a public hearing on Ordinance No. 94-026, amending Chapter 18.16 of the Deschutes County Code, Nonfarm Dwellings. Kevin Harrison reviewed Exhibit "A" in which were the proposed changes to the approval criteria for nonfarm dwellings. He also reviewed Exhibit "B" which covered the changes to the land division standards. Commissioner Throop stated that this was an interim provision to allow owners of property the opportunity to access nonfarm dwellings. He felt there would be extremely limited opportunities to get farm dwellings and this would be an emergency measure. The complete implementation of HB3661 will be completed later this year. Commissioner Slaughter asked if this applied only to EFU land. Kevin Harrison stated that was the case. Commissioner Slaughter asked if more than one nonfarm dwelling would be allowed. Kevin stated that he interpreted the rule to say it would be limited to one dwelling to a piece of property except in very limited situations. Commissioner Throop brought up the issue of tax implications. Kevin Harrison reported that if the County approved a nonfarm dwelling and the property was receiving special assessment for farm use, then as a condition of approval that property has to be disqualified, any tax penalties paid, and the property cannot requalify in the future for special assessment. If an isolated piece was going to be broken off and the entire piece was receiving special assessment for farm use, then as a condition of approval of that partition the isolated unproductive parcel that was being created would have to be disqualified and the remainder can remain on farm deferral. Kevin Harrison also stated that if there was a piece of property that was in farm use and receiving special assessment and there was not enough land to break off an unproductive piece to get a home site, and if you could not qualify for a MINUTES PAGE 2 MAY 4, 1994 0135-262'7 farm dwelling, then the only option for a house would be a nonfarm dwelling on an isolated unproductive portion of the land. This would cause the whole property to be disqualified. George Read reported that it would be very difficult to get a farm dwelling. He stated that you cannot have a nonfarm dwelling or create a nonfarm parcel unless a finding was made that this will not affect the overall stability of the land use pattern of the area. He reported that there was a problem with roads. Every parcel has to abut a public road. Some people will not abut a public road, therefore they cannot obtain a separate parcel which disqualify them even though they may meet the minimum lot size for a farm standard. Presently roads are a problem because they are not allowed in the EFU Zone by statute. He stated there was a little flexibility in the interpretation as to when you can or cannot have roads in EFU Zones. He also reported that partition had been prohibited off of easements since 1981. Chair Schlangen opened the public hearing. Daniel Collins, representing the Central Oregon Board of Realtors, asked if there was amendment on 20 -acre minimum on nonfarm dwellings, how would that impact the people owning parcels smaller than 20 acres. Commissioner Throop stated that it would not be a 20 acre minimum, but a 20 acre density. If a second nonfarm dwelling was approved, it would establish a density in an area less than 20 acres and you would be limited to the one nonfarm dwelling. Daniel Collins felt that the criteria of needing to have access from a public road meant that this was going to be extremely limited in the scope of applications. He felt there were many parcels that would not have the benefit of being able to have a site location with access to a public road. He requested that the Board consider the idea of flag access so that the access would have to be along a border of the property and not through irrigated pasture. He felt the farm dwelling standards for income level is too high and this would put the farms out of business. Sharon Smith felt the standard for nonfarm dwellings should be made easy for the pubic to understand. Brian Meese testified that he felt the flag lots should not be ruled out by the County as long as the road right-of-way is through non-productive portions or along boundaries. He felt that it would save the County time and money if some of these items were permitted uses and an applicant would not have to go through the conditional use application process. MINUTES PAGE 3 MAY 4, 1994 0135-2628 Tracy Fleming testified that she had had a lot line adjustment done in order to create an EFU-20 parcel. She stated she had done this in order to sell it and keep her 10 -acre parcel to live on. She reported that now she cannot sell her property. Parker Johnstone testified that he had tried three times to get a farm dwelling on his property. He had been turned down by planning every time. He felt he should be able to put a second dwelling on his property without a conditional use permit. Matt McCurdy testified that he had a piece of property that did not meet the farming requirement and it does seem to meet the nonfarm dwelling requirement. There being no further testimony, Chair Schlangen continued the public hearing. Written testimony will be accepted until Monday, May 9, 1994, at 4:30 p.m. The public hearing will be continued on Wednesday, May 11, 1994, at the 10 a.m. Board of Commissioner's meeting. 5. APPOINTMENT OF LIBRARY DISTRICT BOUNDARY TASK FORCE Before the Board was appointment of the Library Districts Boundary Task Force. THROOP: I would move appointment of the two library board representatives, the five community representatives, and the two county staff representatives to comprise the Library District Boundary Task Force with Bill Jayne appointed as Chairperson, and add Ruth Burleigh as the representative from Bend. SLAUGHTER: I will second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 6. SIGNATURE OF RESOLUTION NO. 94-040, PROCLAIMING MAY 15-211 1994 AS "BIKE COMMUTE WEEK" IN DESCHUTES COUNTY Before the Board was signature of Resolution No. 94-040, proclaiming May 15-21, 1994 as "Bike Commute Week" in Deschutes County. THROOP: I'll move the resolution. SLAUGHTER: VOTE: I'll second that. SCHLANGEN: YES MINUTES PAGE 4 MAY 4, 1994 r- 7. M EP 0135-2629 SLAUGHTER: YES THROOP: YES ADOPTION AND SIGNATURE OF ORDINANCE NO. 94-031, PROVIDING FOR PAYMENT OF SYSTEM DEVELOPMENT CHARGES Before the Board was adoption and signature of Ordinance No. 94-031, providing for payment of System Development Charges. Rick Isham reported that this ordinance provided for any owner of real property that has to pay a System Development Charge may make an application to make payments. THROOP: I'll move first and second reading by title only of Ordinance No. 94-031. SLAUGHTER: I'll second it. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES Chair Schlangen performed the first and second reading of Ordinance No. 94-031, by title only. THROOP: I'll move adoption. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES REOUEST FOR POWERLINE EASEMENT FOR CENTRAL ELECTRIC CO-OP AT TETHEROW HOMESTEAD Before the Board was approval for a powerline easement for Central Electric Co-op at Tetherow Homestead. THROOP: I move the request. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of weekly accounts payable vouchers in the amount of $324,914.61. SLAUGHTER: I'll move approval on review. MINUTES PAGE 5 MAY 4, 1994 10. 11. 0135-2630 THROOP: I'll second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES SIGNATURE OF LIQUOR LICENSE RENEWAL FOR MT. BACHELOR SUNRISE LODGE AND MT. BACHELOR MAIN LODGE Before the Board was signature of a liquor license renewal for Mt. Bachelor Sunrise Lodge and Mt. Bachelor Main Lodge. THROOP: I'll move approval of the liquor license renewals. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES ORAL DECISION: ON EAGLE CREST APPEAL Before the Board was an oral decision on the Eagle Crest appeal. Dale Van Valkenburg reported that the primary issue of concern is a letter that was received from the applicants attorney just prior to the first hearing. The letter said that they concurred with the recommendations and findings that were in the staff report with a few minor exceptions. Those exceptions regarded wildlife, transportation and commercial uses. Dale reported that staff sees those as the primary open issues. There has been agreement reached on the other issues and findings made. Commissioner Throop stated that he felt the amount of time needed to work through this issue had been underestimated and we may not get to a decision today. Commissioner Slaughter stated he was clearly on the side of agreement and that the Board should approve it with some changes in the requirements. Chair Schlangen felt they were very close to agreement. She stated she was headed for approval. Commissioner Throop felt that the application met the criteria that had been spelled out if the proper conditions were attached to the approval. MINUTES PAGE 6 MAY 4, 1994 0135-2631 THROOP: I'll move that the Board of Commissioners concur with the Hearings Officer in approving the conditional use permit for conceptual master plan, that the Board of County Commissioners overturn the Hearings Officer's denial of the variance on the setback standards for certain roads along the perimeter of the resort, to approve the variance for limited use along golf course and specific areas. With the approval the Board finds that the application meets the criteria with the adoption of the conditions that were discussed thoroughly and that the staff will prepare and bring back to the Board for a decision. This is a conceptual decision and the final decision will be rendered upon signature of the final package that is brought back to the Board. SLAUGHTER: I'll second that. DISCUSSION: Commissioner Throop complimented the applicants. He felt they had been very good to work with. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES DATED this 4-f A day of , 1994, by the Board of Commissioners of Deschutes C u y, Oregon. Nancy P SclAangen, Chair Tom' Throop," Commissioner A T: Recording Secre ary Barry H. Slaughter, Commissioner MINUTES PAGE 7 MAY 4, 1994