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1996-15861-Minutes for Meeting February 01,1996 Recorded 4/25/1996SG -15861 MINUTES DESCHUTES COUNTY BOARD OF COMMIgiM� ;g, 14 8:N3 Thursday, February 1, 199,E Chair Nancy Pope Schlangen called the meeting to,did-6r''4p.m. County Commissioners in attendance were Nancy Pope Schlangen, Barry H. Slaughter, and Robert L. Nipper. Also in attendance were Bruce White, Assistant County Counsel; Catherine Morrow, Planner; Heidi Kennedy, Planner; Anita Mutchie, Recording Secretary; and Sue Stoneman, Community Relations Specialist. Chair Schlangen stated the public hearing would be closed but written testimony will be accepted until February 12, 1996, at 5:00 p.m. in order to allow citizens of La Pine and Wickiup time to submit written testimony. Heidi Kennedy provided a staff report. She reported that in 1979 the County adopted a comprehensive plan and zoning ordinances. There have not been any significant changes since 1979. In 1994 LCDC passed new planning and zoning rules. The changes being made are to bring the community into compliance with the State rules. Heidi stated they had been meeting with the public from La Pine and Wickiup Junction since June, 1995. After receiving the public input, she met with the County Planning Commission in September, 1995. The Planning Commission made some further changes to the proposal. There was a public hearing held in November to present the revised proposal to the public and receive additional testimony. Heidi provided handouts for the proposed La Pine and Wickiup Junction changes. She reviewed the La Pine Comprehensive Plan Map and Text changes. She stated one of the big changes renames La Pine Rural Service Center to La Pine Urban Unincorporated Community. She also reviewed the proposed La Pine Zoning Map and Zoning Ordinance changes. The names of all the zones are changed to districts. The zone boundaries have not been changed, just the name of the zone. The text changes have also been made to reflect new State rules. Heidi reported Wickiup Junction would be considered a rural service center under the new rules. There are proposed map changes and comprehensive plan changes. Zoning has been changed from rural service center to rural/industrial zone. Heidi stated there were handouts available of the State Rules, etc. If anyone wanted those, they could contact her at the office in Bend. Chair Nancy Pope Schlangen opened the public hearing. MINUTES 1 FEBRUARY 1, 1996 1A1CpOF1L-MED K AY 1996 2 96 01 r' 0 � '�i 1 1X4 John Taylor, 52431 Day Road, wanted to know why only the downtown area of La Pine was being addressed. Catherine Morrow stated what the county was trying to do was to update the original areas that were defined in the original comprehensive plan and bring it up to the new State rules. Nancy Carter testified and expressed concern about the zone changes. She testified in opposition of the zone change. John Thomas, owner of La Pine Realty, testified in opposition to the zone changes. He felt it restricted future growth in the La Pine area. He wanted to know if any of the changes effected the future growth and/or value of the land in the La Pine area. Heidi reported the state rules were very restrictive. Catherine Morrow stated how much residential or commercial was within the boundaries was up to the County and residents of the area. Sylvia Shields testified in opposition to the present boundaries for residential, commercial, industrial, etc. She felt the boundaries for the zones should be changed now rather than individuals spending a lot of time and money to have this done later. She also thanked Heidi for doing such a great job on this project. (Only one person in the audience objected to Sylvia's proposal). Bruce White asked if the people from Finley Road would object to rezoning. Heidi stated the people in that area had received notice but she had not heard from anyone. John Taylor asked how they notified property owners. Heidi stated the tax rolls were used. John Thomas asked if there was a survey regarding tax changes. He felt if the zone was changed then the tax would increase. Mark Mursall testified in opposition to the changes. Heidi stated they had not looked at any of the property outside of the boundary. Bruce White stated that if there was a valid non -conforming use in existence, it would continue as a non -conforming use. If there was a commercial use that pre -dates the zoning that was applied and it continues the use in the same kind of activities, the use will continue in the future. Jim Tye, Sun Country Engineering, asked a question regarding an area in the flood plain zone. Catherine stated that if someone demonstrated the elevation of their land was above the flood plain MINUTES 2 FEBRUARY 1, 1996 f. on the FEMA map the County considered that flood plain zone. She stated there is a plain amendment from FEMA. I U land to be outside the process to get a flood Catherine stated the ordinances were to be adopted by the end of the month. She stated we could request an extension if necessary. Chair Schlangen stated the written testimony would be left open until February 12, with adoption of ordinance on February 28, but it there was a need we could apply for an extension. Catherine Morrow stated there would an obligation to notify owners if there was a zone change Commissioner Nipper asked if people would have an opportunity to change it to commercial later if they did not do it now. Bruce White stated they would have to meet certain criteria and prove a change of circumstances or that there was a mistake at the time of zoning in order to change the zoning at a later date. He stated it would be better and easier to do the changes now. Heidi stated that becoming a self sustaining community was one of the big issues from the beginning. She stated they did not receive written testimony from individual property owners or as a group that they were wanting to change their zoning. Catherine stated that if it was the wish of the Board, the proposed change from residential to commercial could be done. John Gold asked if anyone conducted a survey on Finley Butte Road as to how many trucks travel on that road. Heidi stated it was designated an arterial road. This road was an entrance to the industrial park, national forest, and rock quarry. Bruce White stated the people of La Pine were indicating that there was a high percentage of commercial type traffic on that road. Karen DeMaris stated that people were not aware of the fact that the zones could be changed from the proposed boundaries. Gordon Wanek testified in opposition to the 4,000 square feet for commercial buildings. Heidi stated the county had been as flexible as they could, but the state rules. Catherine explained why the State decided to restrict the size of buildings in Unincorporated Communities. The State does not want the rural area to attract people from the cities. The idea of an unincorporated rural area was to serve the local rural area and not attract people from the urban areas. Gordon Wanek asked a question regarding minimum lot size. Heidi stated lot size in Wickiup Junction was 1 acre not served by sewer MINUTES 3 FEBRUARY 1, 1996 or water, with a minimum of 150 feet street width. If the property was served by water or sewer or both, the lot size can be smaller. Gordon Wanek testified in opposition to the setback. He felt it was the best idea to leave it at 20 feet rather than moving it to 15 feet. Heidi felt it would be better to move the building forward in order to allow more space behind the building for parking. Dennis Carter, Chairman of the Sewer Board, testified in support of more commercial zoning. He stated the proposed commercial zoning addition would have to be annexed into the sewer district. Bruce White stated that it could be zoned commercial but it would be written that it could not be used as commercial until it was annexed into the sewer district. Ernie Poole testified. He stated that under the new state guidelines La Pine should have a community facilities plan. He felt this should be included in the comprehensive plan. He also discussed incorporation. Jim Gustafson addressed the access to the industrial park. He pointed out the location of La Pine Community Park and expressed concern regarding traffic. Heidi stated we are working on the countywide transportation plan. Kitty Shields stated there were a lot of people in the residential area did not want it to change. She requested the Board make the informed decision to change the land to commercial. Heidi stated if there were specific concerns the citizens had the regarding any of the proposed changes, they should call her with questions. Catherine Morrow asked for feedback regarding the park land being located in the commercial zone. Kitty Shields stated she was a property owner in both of these areas with the suggested zone changes. Carol asked if the park would be zoned commercial. Heidi stated parks are allowed in commercial zones without rezoning it to commercial. The record will be left open until February 12, 1996, with possible adoption scheduled for February 28. MINUTES 4 FEBRUARY 1, 1996 DATED this 1st day of FE Board of Commissioners. ATTE T: Recording Secretary MINUTES 5 FEBRUARY 1, 1996 'A 1 -0► - , 1996, by the Deschutes County Sohlangen, V 111` Barry H. laughter, Commissioner Rob rt L. Nipper, Commisioner 96-15899 54-14 V-4 EXCERPT FROM MINUTES DESCHUTES COUNTY BOARD OF COMMISSION n 8,: 1,3 Work Session' January 29, 1996 Acting Chair Barry Slaughter called the meeting to order at 10:02 a.m. County Commissioners present were Barry H. Slaughter and Robert L. Nipper. Also in attendance were Al Driver, Solid Waste Director; Larry Rice, Public Works Director; Tom Blust, County Engineer; Mike Maier, County Administrator; Bruce White, Assistant County Counsel; Andy Crosby, Assistant County Counsel; Florence Torrigino, Health Department Director; and Frank Moore, Mental Health Department Director. 1. SIGNATURE OF WARRANTY DEED FOR THE NEW COMMUNITY DEVELOPMENT DEPARTMENT BUILDING Before the Board was signature of a Warranty Deed for the new Community Development Department Building. Bruce White reported the warranty deed had been reviewed and signed off by Rick Isham. NIPPER: I move signature of the warranty deed for the new Community Development Department building. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: EXCUSED SLAUGHTER: YES NIPPER: YES DATED this 29th day of January, 1996, by the Deschutes County Board of Commissioners. ATT T: Recording Secre ry Natoi Pope Schlangen, Chair Barry H. Slaughter, Commissioner Rdbert L. Nipper, Commissioner M1CR0y,1Lf E6 s Qy 5 1996