Loading...
1994-34253-Minutes for Meeting June 01,1994 Recorded 8/17/199494-34253 0136-1860 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS June 1, 1994 Chair Schlangen called the meeting to order at 10:02 a.m. ". oard,;aof County Commissioners in attendance were Nancy Pope Schlan .om Throop, and Barry Slaughter. Also in attendance were Rick4;Isham, County Counsel; Tom Blust, County Engineer; Brad Chalfant, Property Manager; Florence Torrigino, Health Department Director; Bruce White, Assistant County Counsel; Stacy Warren, Planner; George Read, Community Development Director; Sue Brewster, Assistant County Counsel; Catherine Morrow, Senior Planner; Mike Maier, County Administrator; Sue Stoneman, Support Services Manager; Larry Rice, Public Works Director; Brad Mulvihill, Juvenile Department Manager; Dennis Maloney, Corrections Department Director; and Helen Rastovich, Treasurer. 1. DECISION ON AN APPEAL OF CU -94-7 BY RICK RIFFLE Before the Board was a decision on an appeal of CU -94-7 by Rick Riffle. Commissioner Throop stated that he felt there were two criteria that needed to be met. One criteria was that there would be no outside employees. The other criteria was that the activities occur within an enclosed building. Commissioner Throop felt that the activity that Rick and Sharon Riffle conducted on their property was a home occupation and that it was a conditional use in the RR -10 zone. He felt that if the Riffles could get a building permit and a site plan approval for a structure that would allow them to conduct all the activities indoors, he would support the conditional use permit for a home occupation on this site. Chair Schlangen felt that the home occupation was correct. She felt that all work must be conducted within the building. She also felt that the structure was a problem and the Riffle should apply for a building permit. She would like to see them move forward with it. Commissioner Slaughter stated that there were many other home occupations in the La Pine area. He felt the Riffle's home occupation looked good. Commissioner Slaughter felt the ordinance should be looked at with possible changes made regarding home occupations. Commissioner Throop felt the Board should reverse the Hearings Officer's decision and approve the conditional use permit subject to getting a building permit and site plan for a structure compatible with other structures in the area to accommodate the home occupation. �Y CHEC 1994 0136-1861 Rick Isham, County Counsel, stated that the permit would be valid for one year. He stated an extension could be granted it there is substantial progress within the first year. THROOP: I move that the Deschutes County Board of Commissioners reverse the Hearings Officer's decision on CU -94-7 and approve the Riffle application for a conditional use permit for a home occupation in the RR -10 Zone. This would be conditioned on the Riffle's meeting the criteria in the ordinance such as no outside employees, activities associated with the home occupation occur inside the structure on the property, and the approval will be contingent on the Riffle's getting a building permit and site plan approval for the construction of a building to house the home occupation. The decision will reflect that casual parking of vehicles outside associated with the residential or home occupation use is acceptable on a short term basis. SLAUGHTER: I'll second that. DISCUSSION: Commissioner Throop felt that this was precedent setting for the RR -10 zone and the La Pine area. He felt that the Riffles had done a favor for other people in the La Pine area who have home occupations by establishing the criteria that need to be met. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 2. DECISION ON AMENDMENT TO TITLE 18 TO REGULATE HORSE EVENTS IN THE MUA-10 AND RR -10 ZONES Before the Board was a decision on amendment to Title 18 to regulate horse events in the MUA-10 and RR -10 Zones. Catherine Morrow reported there were some issues yet to be resolved. There was the Bonnie Norton issue. Bonnie Norton has a conditional use permit for a commercial stable in the EFU Zone and under the proposed regulations a conditional permit would not be required for this type of use. Bonnie Norton would like to not be subject to her conditions which are more restrictive than the current ordinance. The second issue was the right to farm and whether horse activities in the EFU Zone can be regulated or not, if they meet the definition of farm use. MINUTES PAGE 2 JUNE 1, 1994 0136-1862 There is the issue of site plan review and whether site plan review should be required for any type of horse event in the EFU Zone. Catherine felt the Board had indicated that they wanted to support the Planning Commissions recommendation not to require site plan review and language will need to be formulate amend Title 18 and to accomplish that objective. Bruce White, Assistant County Counsel, stated that if the Board chose not to hold existing permitees in the EFU Zone to a higher standard than would be required in the new ordinance, there could be transitional language which would supersede the existing land use approvals in the EFU Zone. THROOP: I will move in concept that Ordinance No. 94- 008 reflect the following changes: 1) adopt as recommended by the Planning Commission with the following changes to include the Bonnie Norton transitional language; 2) no change in the right to farm; 3) no change in the condo issue; 4) no site plan review in the EFU Zone, but establish setbacks in the code and identifying the necessary setbacks; 5) leave rodeo grounds as is; and 6) also adopt the recommendation that commercial stables are a conditional use in the MUA-10 Zone. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 3. PUBLIC HEARING ON SQUAW CREEK CANYON RECREATIONAL ESTATES L.I.D. Before the Board was a public hearing on Squaw Creek Canyon Recreational Estates L.I.D. Tom Blust, County Engineer, reviewed the L.I.D. process with the Board of Commissioners. He stated that approximately three years ago the county received a petition from property owners in the Squaw Creek area. There were several problems with the original proposal due to the fact the developer owned approximately 50% of the lots within the proposed L.I.D. Tom Blust reported the proposed improvements include Buffalo Drive from Wilt Road to the intersection of Mt. View Drive, Mt. View Drive from its junction with Vista Ridge Drive to the intersection with Buffalo, Appaloosa Drive, Palomino Drive, Cayuse Drive, Sorrel Drive, Pinto Drive, Long Horn Drive, and Mustang Drive. The proposed improvements would be a paved road which would be 26 feet wide with the 4 feet gravel shoulders. The estimated cost of the project would be 4. 5. 6. 0136.1863 $922,000. There is a total of 130 lots within the L.I.D. boundary. He reported receiving 30 written remonstrances. Chair Schlangen opened the public hearing. Bob Lovlien, representing Deanne Golick, requested that her property be deleted from the L.I.D. because she felt that her property did not benefit from it. Wayne Ellis remonstrated against the L.I.D. because he was never included in this process and never received notice of any public hearings. There being no further testimony, the public hearing was closed. No further testimony will be accepted. The decision will be made June 8, 1994 at the 10 a.m. Board Meeting. SIGNATURE OF AWBREY BUTTE TRANSMISSION SITE SUBLEASE WITH AIR TOUCH PAGING, INC. Before the Board was signature of the Awbrey Butte transmission site sublease with Air Touch Paging, Inc. THROOP: I'll move approval of the sublease agreement. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES SIGNATURE OF ORDER NO. 94-087, CHANGING THE NAME OF JORDON COURT TO JORDAN COURT Before the Board was signature of Order No. 94-087, changing the name of Jordon Court to Jordan Court. SLAUGHTER: I move signature of Order No. 94-087. THROOP: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES SIGNATURE OF ORDER NO. 94-088, CHANGING THE NAME OF N. W. 15TH STREET TO N. W. 15TH LANE Before the Board was signature of Order No. 94-088, changing the name of N.W. 15th Street to N.W. 15th Lane. MINUTES PAGE 4 JUNE 1, 1994 THROOP: Move signature. 0136-1864 SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 7. SIGNATURE OF ORDER NO. 94-089, ASSIGNING THE ROAD NAME OF OTTER RUN LANE Before the Board was signature of Order No. 94-089, assigning the road name of Otter Run Lane. THROOP: I'll move signature. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 8. SIGNATURE OF ORDER NO. 94-090, ASSIGNING THE NAME OF SUNBURST STREET Before the Board was signature of Order No. 94-090, assigning the name of Sunburst Street. SLAUGHTER: I move assigning the street name. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 9. SIGNATURE OF CONSERVATION EASEMENT FOR DAVID & MARCIA HUGHES ON PROPERTY ADJACENT TO THE LITTLE DESCHUTES RIVER THROOP: I'll move signature of the conservation easement. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 10. SIGNATURE OF ORDER NO. 94-081, DECLARING THE ELECTION RESULTS FOR PORT OF LA PINE Before the Board was signature of Order NO. 94-081, declaring the election results for Port of La Pine. ®136-1865 Rick Isham reported that this order declares that this measured failed. SLAUGHTER: I move signature of Order 94-081. THROOP: I'll second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 11. SIGNATURE OF ORDER NO. 94-082, DECLARING THE ELECTION RESULTS FOR THE BEAVER ROAD DISTRICT Before the Board was signature of Order No. 94-082, declaring the election results for the Beaver Road District. This measure was passed. SLAUGHTER: I move signature on Order No. 94-082. THROOP: I'll second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 12. SIGNATURE OF ORDER NO. 94-083, DECLARING THE ELECTION RESULTS FOR FOREST VIEW ROAD DISTRICT Before the Board was signature of Order No. 94-083, declaring the election results for the Forest View Road District. THROOP: I'll move signature. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 13. SIGNATURE OF ORDER NO. 94-084, DECLARING THE ELECTION RESULTS FOR SUNRIVER INCORPORATION Before the Board was signature of Order No. 94-084, declaring the election results for the Sunriver Incorporation. Rick Isham reported this measure failed. THROOP: SLAUGHTER: MINUTES PAGE 6 I'll move signature. I'll second that. JUNE 1, 1994 0136-1866 VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 14. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of weekly accounts payable vouchers in the amount of $220,764.38. SLAUGHTER: I move approval on review. THROOP: I'll second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 15. SIGNATURE OF CACOON PROGRAM AGREEMENT Before the Board was signature of the CaCoon Program Agreement for the Health Department. Rick Isham reported that this is a continuation of an existing program with quarterly payments of $4,327. THROOP: I'll move signature of the CaCoon Program Agreement. SLAUGHTER: Second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 16. SIGNATURE OF BARGAIN & SALE DEED TO TRINITY EVANGELICAL LUTHERAN CHURCH Before the Board was signature of a Bargain &Sale Deed to Trinity Evangelical Lutheran Church. THROOP: I'll move signature of the Bargain & Sale Deed. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 17. SIGNATURE OF PERSONAL SERVICES CONTRACT WITH FIRST AMERICAN TITLE COMPANY Before the Board was signature of a Personal Services Contract with First American Title Company. 18. 19. 20. 0136-1867' Brad Chalfant reported that this contract is for First American Title to provide lien reports for foreclosures. The cost will be $75.00 per report with a total not to exceed $5,000. THROOP: I will move signature. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES SIGNATURE OF DECLARATION OF DEDICATION FOR THE CORNER OF WELLS ACRE AND BUTLER MARKET ROAD Before the Board was signature of a Declaration of Dedication for the corner of Wells Acres and Butler Market Road. THROOP: I'll move signature. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES SIGNATURE OF ORDERS NO. 94-065 AND 94-066, AUTHORIZING THE REFUND OF TAXES Before the Board was signature of Orders No. 94-065 and 94- 066, authorizing the refund of taxes. SLAUGHTER: I move signature of Orders No. 94-065 and 94- 066. THROOP: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES SIGNATURE OF ORDER APPROPRIATING FUNDS FOR THE UNGER BUILDING PURCHASE Before the Board was signature of an order appropriating funds for the Unger Building purchase. Rick Isham requested the Board of Commissioners approve this document subject to review. THROOP: I'll move approval and signature of the order subject to review. MINUTES PAGE 8 JUNE 1, 1994 21. SLAUGHTER: I'll second that. 0136-1865 VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES APPROVAL OF THE SOLID WASTE ADVISORY COMMITTEE RECOMMENDATIONS Before the Board was request for approval of the Solid Waste Advisory Committee recommendations. THROOP: I move in concept that the Deschutes County Board of Commissioners approve the Solid Waste Advisory Committee recommendations: 1) begin proceedings to form a new regional landfill within Deschutes County or within another county within the region; 2) establishment of and appointment of a Waste Reduction Subcommittee which would be a subcommittee of the Solid Waste Advisory Committee; and 3) the recycling center be purchased this fiscal year. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 22. APPOINTMENT OF BRAD BOYD TO THE BICYCLE ADVISORY COMMITTEE Before the Board was the appointment of Brad Boyd to the Bicycle Advisory Committee. THROOP: I'll make the motion for appointment. SLAUGHTER: I'll second it. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 0136-1869 DATED this j,&, -E- day of Gvue , 1994, by the Board of Commissioners of Desch es County, Oregon. M 22�D AAZ-1 Recording Secretary Barry H. glaughter, tommissioner MINUTES PAGE 10 JUNE 1, 1994