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1995-34022-Minutes for Meeting September 12,1995 Recorded 9/28/19959q --34, 0;��2 0148-0044 MINUTES OF PUBLIC HEARING DESCHUTES COUNTY BOARD OF COMMISSIONERS Tuesday, September 12, X95 Chair Barry Slaughter called the meeting to ©rder= 6:05 p.m. County Commissioners present were Barry H. Slaughter, Nancy Pope Schlangen and Robert L. Nipper. Also in attendance were Bruce White, Assistant County Counsel; Damian Syrnyk, Planner; and Anita Mutchie, Recording Secretary. APPEAL OF A-95-15, HEARINGS OFFICER'S DECISION ON PA-95-1/ZC-95-1 (KORISH) Damian Syrnyk read the preliminary statement for land use hearings before the Board into the record. Before the Board was A-95-15, an appeal of Hearings Officer's decision on PA-95-1/ZC-95-1 for Korish. Damian Syrnyk reported this was a public hearing on a plan amendment and zone change for an 8 -acre parcel from RL to RM. The subject property is located at the intersection of Murphy Road/Parrell Road. The Hearings Officer denied the applicants request. Damian stated this was a de novo hearing and reviewed the criteria with the Board. Damian Syrnyk asked for disclosure from the Commissioners for any prehearing contact in this matter. All three Commissioners reported having no prehearing contact. Damian 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. Bruce White, Assistant County Counsel, reported the 120 -day time limit was not applicable. He stated if the Board should approve the rezoning, they might consider doing so by a resolution of intent to rezone if there were conditions associated with the approval. Chair Slaughter opened the public hearing. He stated the proponents would be heard from first and then the opponents. The proponents would be allowed time for rebuttal. Liz Fancher, attorney for the applicant, submitted various photographs, appellant's statement of appeal, and maps as exhibits. She stated the applicant's property did not become developed when all of the other land around this area was developed. The applicant feels there has been a change in circumstances since the time that the Comprehensive Plan was adopted, referring to the extension of sewer down Highway 97 and a DEQ administrative rule requiring that the lots be sewered before they could be devel®ped. 95 19 Biu T i95 The applicant originally thought cost approximately $165,000, but higher than that. 0148- The 148 the extension of the sewer would it appears that the cost will be Bruce White inquired about whether there had been a change in the Comprehensive Plan with regard to the sewer servicing the lots in question. Liz Fancher explained that since the adoption of the comprehensive plan the City and the County have amended the Comprehensive Plan to include the City's plans to eventually make sewer available to all areas of the Bend Urban area. Liz Fancher referred to the Bauer case of PA-95-2/ZC-95-2 and Ordinance No. 95-056. The Board of County Commissioners adopted Ordinance No. 95-056 on August 23, 1995. Bruce White stated that the Board's refusal to hear the case did not necessarily mean that they adopted all of the reasoning in that decision. Liz Fancher stated the Bend/La Pine School District was capable of handling the increased number of students. She stated the water pressure and supply was a point of discussion. She reported there was a letter from Bill Roats, Roats Water System, verifying that there would be an adequate water supply and water pressure. Commissioner Nipper asked what the percent of change would be compared to the number of lots allowed now. Damian Syrnyk stated there would be no further land division, but the density would be increased. Damian stated the applicant was not proposing to vacate the existing plat. Commissioner Schlangen asked if Goal #14 was applicable in this situation as it has been mentioned in the testimony she had reviewed. Bruce White stated he felt Goal #14 did not apply if the land in question could be characterized as "urban" land under the Statewide Planning Goals. Liz Fancher asked if she could review the letters received by the Board of County Commissioners from opponents. She requested that these letters be made a part of the record. She also requested that the Board leave the record open for 7 days. Bill Gauvin, 20303 Murphy Road, testified in opposition to this application. He reported that at the present time when the neighbors turn on their water there was not enough pressure for him to run his underground irrigation system. He stated he would be glad to pay for improvements in his water pressure but he did not want to pay for an additional 165 units to have better pressure. Bruce White stated he would need to know how large of an area this water system served and if this area was built out, if they still be able to supply that water flow. 0148-0046 Bill Gauvin reported that he never received an official notice of this land use issue. He stated that he lived within the 250 feet notice area and should have received one. Damian Syrnyk stated that as far as he knew all owners of property within 250 feet received notice. Damian Syrnyk stated it may have been a mistake that Mr. Gauvin did not receive notice. Bill Gauvin also felt people should be kept more informed. He felt that the de novo hearing was incorrect. He did not think that the neighbors knew that a de novo hearing meant a brand new hearing. Bill Gauvin suggested that the applicant was only looking for a larger profit with the higher density zoning. Lee Moriarty, 20294 Murphy Road, testified in opposition to this application. He owns vacant land in this same area and was in the process of partitioning it. He stated that because of sewer requirements, he was only going to make only two parcels from his land. The Bauer request was for RL zoned land to change to RM, but when the decision was finalized the land went from RL to RS. He did not think anyone in the neighborhood would object to this parcel being changed from RL to RS. Don Nafzgar, 20284 Murphy Road, testified in opposition to this application. He felt the map that was submitted as an exhibit misrepresented the neighborhood as it did not show any of the houses that have been built in the last five years. He stated the property should be developed as platted and he did not go feel any type of zone change was necessary. Hortense Boyce, 10140 Fairway, testified. She lived on the corner of Fairway and Parrell Road. She asked the Commissioners what their definition was of a busy street. Damian clarified that both Murphy and Parrell Roads are collector roads. Bill Roats, Roats Water System, testified in support of this application. He stated the water system could more than adequately supply water to the development. Bruce White requested that Bill Roats describe the service area of the water system. Bill Roats reported their services was to 1,500 residential units. The service area was north of Reed Lane, west to the river and east the Jan Ward development. He stated he could double the capacity of the water system with the use of the deep wells, collection tanks, and pumping stations. Bruce White asked Mr. Roats what his basis was for saying that. Mr. Roats responded that he tried to stay well ahead of development. He could produce 2,000 gallons per minutes and up to in excess of 4,000 gallons per minute. The pumps do not run at this level all the time as that was only for fire flows. He reported the water system meets all of the City standards and specifications. 0148-0041 Bruce White stated that the pressure of the system seemed to be in question. Mr. Roats addressed this issue by saying that some of the older homes have too small of a service line. The homeowners are responsible for the line to the home. He testified that a fire hydrant with an 8 -inch main would produce 1,800 gallons per minute. Commissioner Nipper asked if the increased density would cause more problems with the pressure. Mr. Roats felt the pressure problems people were having was because of the lines to homes being too small. Bruce White asked if this was a fault of the system or the service line to the home being too small. Mr. Roats reported the water system serves commercial properties such as Wal-Mart, Factory Outlet stores, and the Comfort Inn with plenty of pressure. Therefore, he felt the pressure problem was because of the small service lines from his system to the home. Bruce White asked Mr. Roats if he believe he had excess capacity at this point. Mr. Roats reported the system included 5 deep wells of which only 2 run in the winter. He stated that even in the peak times in August, generally there were only 4 of the 5 wells running. He suggested the Board check with the Fire Marshall regarding the fire flows. Don Nafzgar stated the water was not sufficient if there was a multiple dwelling fire in that area. Joyce Nafzgar testified in opposition to this application. She stated there was too much traffic congestion in this area now. She wanted to know if Mr. Korish intended to develop this property himself or to sell it to someone else. Damian Syrnyk discuss daily vehicle trips on Murphy Road and Parrell Road. He referred to the staff report and decision of the Hearings Officer. Curt Gehring, 20317 Silver Sage, testified in opposition to this application. He stated the Jewell Elementary School was already at state maximum capacity. He stated that 52% of the RM zoned land was vacant and wondered why we would need more land zoned RM. LeRoy Wickham, 20251 Silver Sage, testified in opposition to this application. He stated Murphy Road was scheduled to be extended to 27th Street and expressed concern about the increase in the traffic flow when this took place. He stated there were no sidewalks or snow removal service on Murphy Road. Liz Fancher rebutted by saying that there had been a mixture of uses in this area. The boundary properties around the proposed Fairview Acres subdivision was made up of duplexes. The school district does have the capacity to allow more students to attend. She felt Mr. Roats had addressed the issue of the water pressure. 0148-0048 Chair Barry Slaughter stated the record would be left open for written testimony through Wednesday, September 20, 1995, at 5:00 p.m. The decision would be placed on the agenda of the Wednesday, September 27, 1995, Board of County Commissioners meeting at 10:00 a.m. DATED this day of September, 1995. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Y R, ATTEST: NANC POfg SCfLANGEN, Commissioner Recording Secretary RO ERT L. NIPPER, Coirgi6ssioner