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1997-47133-Minutes for Meeting November 04,1997 Recorded 12/18/199797-47133 ®133--11541 MINUTES OF THE DESCHUTES COUNTY BOARD OF COMMISSIONERS PUBLIC HEARING - NOVEMBER 4, 1997 REDMOND SENIOR CENTER 97 DEC 18 AM $' 40 325 NW DOGWOOD ,L` t �:�{IJLLI� REDMOND, OREGON 97756 H r, ( C0-UNTY CIL r FSK CALL TO ORDER: Nancy Pope Schlangen called the meeting to order. Commissioners present were Nancy Pope Schlangen, Chair, Linda Swearingen, Commissioner, and Bob Nipper, Commissioner. Legal Counsel staff was represented by Bruce White. Planning staff members present were Wayne Sorensen, Planner for the City of Redmond, Andy Osborn, Redmond Engineering Manager; Dick Johnson, Deschutes County Public Works; Peter Russell, ODOT. II. PUBLIC HEARING - SUN RIDGE MANUFACTURED HOME PARK Commissioner Schlangen opened the meeting by stating that the Commissioners had received some correspondence after the previous hearing giving some input, and Linda did receive a statement against her. She wanted to talk about the process. She felt there was some misunderstanding, and Linda had asked if she could speak a few minutes before they got into the discussion. Linda stated that she received a comment from one particular neighbor they felt that she (Linda) had her mind already made up when she walked into the meeting. Linda stated they are given four hours worth of reading material and have an opportunity to review it and meet with staff. She stated it is true that they come in with preconceived ideas because they had spent four or five hours going through all the documentation and have met it with staff. However, this did not discount their concern for the neighborhood or what they are going to require the developer to do, but just because they may have some preconceived ideas doesn't mean they are going to listen to the neighbors. She also found it interesting that there were several comments about speed bumps and gates, and she thought that some peopled don't understand that the Commissioners can't put speed bumps on County roads and some of those things. Linda stated that one of the things she would like to do after the first of the year is to actually develop a brochure that states what the process is and what people can expect, because a lot of people went away expecting something different that what the process allows them to do. After they had spent four to five hours over the material and meeting with staff, she felt it was evident to her that there were only a couple of conditions that they could play with. That is the law, not whether the Commissioners favor this particular development or not. There were also some concern by the neighbors about their property values being decreased if, in fact, this development came int. She stated that the property is zoned accordingly and if, in fact, they do not want a manufactured home park go in next to them, they need to work in the process fairly early on because it is a legal place to put one and that is not something the Commissioners can change at this point in the process. She would like the neighbors know where the Commissioners are coming from and that they have very limited things they can actually act upon. Board of County Commissioners Meeting - 11/04/97 Page 1 1,",I .. 0163-142 Commissioner Schlangen stated that some people may be concerned that they did not get responses from the Commissioners to their letters and that until the Commissioners have been through the process, they cannot have contact with them. However, if people do want to talk with them about something they felt they were uncomfortable with while watching the Commissioners in the last meeting, they are to feel free to call and any of the Commissioners would be happy to respond to any questions people may have during the process and would like them to speak up at that time. EXHIBITS PRESENTED: #1. Letter from Vergie Ries, Interim City Manager and Robert Quitmeier, Community Development Director. #2. SP97-11 - Sun Ridge #3. Sun Ridge Street Map, focusing on 33`d Street. #4. ODOT - Comments on Sun Ridge and Proposed connections. (Tape not audible at this point, some short discussion missing.) At this point Wayne Sorensen presented information concerning the fact that possibly several months from now they will have a recommended 31St Street connection but that is not a part of the present adopted plan. Secondly, he stated it is the City of Redmond Planning Board 's understanding that the land use regulations in effect at the time of submittal, which was several months ago, are the standards and criteria by which this application has to be measured. He stated he had not had any correspondence with the applicant to determine what the applicant's position is in that regard. Thirdly, City staff had recommended a denial based on the lack of public facilities. Part of that was transportation related facilities, but additional they still have concerns with their Redmond street grid policy which was improperly adopted, and they want to keep that on the Board of Commissioners "radar screen". They still need some determination by the board to tell them how to proceed, and the Commissioners do have the power as the Board to determine the legislative intent of their adoption. The City staff urges that they find that the Redmond street grid policy should be applied to all lands within the Redmond urban growth boundary and they should probably go ahead and move forward and codify that properly as a supplemental provision to Title 20. The fourth point Mr. Sorensen presented was that they analyzed the possibility of doing 27tH 35th and 31St streets. In order of priority, the City's determination is that given a choice, arterial street system probably benefits the city system overall, better than the other streets. Collector streets probably function better than local streets. Therefore, the last choice would be 31 st street. He stated he would like that entered into the record, and that if there were any questions he could answer for the Board, he would be happy to do so. Commissioner Schlangen asked Mr. Sorensen to address the City grid system and asked how that affects the matter in front of them at the present time. A discussion of Board of County Commissioners Meeting - 11/04/97 Page 2 Glue 3-1Q'13 the City grid system ensued with regards to arterial streets, collective streets, etc. He stated that the City policy calls for having a local street every 660 feet. Therefore, the recommended street grid system would be 31St Street, 33rd Street, and 29th Street. The applicant has made an argument that the 29th Street connection doesn't really go anywhere and is blocked by an intervening development known as Blackhawk Manufactured Home Park. So, an argument can be made that 29th can't be extended for any distance. Commissioner Swearingen opened a discussion concerning the City's position is regarding 29th Street and whether the City is endeavoring to force 29th Street to be developed at this time. Mr. Sorensen replied that this could be done in phases as the development is done. Mr. Sorensen was asked to explain what he meant by the term "illegally adopted", which he had used in the discussion of the streets, and this was done. He also explained C5 zoning within the city limits. Commissioner Swearingen asked if 35th Street was going to be a secondary access, and Mr. Sorensen replied that this was correct. The question was raised about 31St Street being used as an access street. If the developer could have the option of paving that street it would act as a secondary access. Optional points of access were discussed, pointing out various routes on the exhibited map. Mr. Sorensen stated that he felt making 31St Street a secondary access would be acceptable. He made the point regarding 31 st Street, the southerly portion is a dedicated road. There is an intervening property owner, and that portion of the road has not been dedicated. It is a proposed road but has not actually been dedicated or constructed yet. However, 31St Street, if it is built, would provided the needed secondary access. Any connection between 33rd Street into either Indian Avenue or the private road system could also provide another secondary access. Discussion followed concerning ODOT being able to add additional information as to when roads could be constructed, etc. Commissioner Swearingen expressly voiced her concerning the future adoption of a Redmond Urban Transportation Plan that includes 31St Street , and she felt it made more sense for the developer to build 31" Street first, therefore not affecting the Stonehedge neighborhood and then, as the second and third phase are opened, to then open 27th Street. Mr. Sorensen then instituted a discussion regarding the City 's adopting a transportation plan by January of this year, but because of some problems that occurred, the actual adoption of that plan has been moved back several months. Commissioner Swearingen expressed at some length her viewpoint that since the developer is willing to develop several streets at his expense, the City would be short-sighted not to take advantage of that window of opportunity since the Board of Commissioners and the City neither one have the money to build those streets. Commissioner Schlangen asked if the City has an opinion on what they would like done first concerning which streets are vital in the matter of priority. Discussion followed on this issue. Board of County Commissioners Meeting - 11/04/97 Page 3 Dick Johnson from the Deschutes County Road Department spoke at this point. He stated that the Board has a copy of his previous memo. Basically, they feel that 245 units will generate a fair amount of traffic. The Department feels to be fair to the developer but provide the grid in the future, they are taking a possible middle stance supportive of the City and ODOT. Their viewpoint is that 27th Street, being the arterial with spacing, should be built with the first phase. Then, extend Indian to the west boundary of it. With the second phase, extend Indian farther west to the end of that phase. Connect 31St Street to the south, because there is the grade school and a residential neighborhood. At the third phase (remembering with 245 units, how much ground this would cover if this was single family homes), build 35th Street, to a 3/4 street standard. The cost would be spread out over the three phase, allow the cash flow, and meet Redmond's need on the grid. Discussion concerning future signals, etc., was undertaken. Recommendation is that each time a phase is undertaken, improvements will be done at that same time. Question raised, concerning secondary streets and spacing. There is a different zoning between Indian and 126. 5th Street could be an emergency access. Discussion was undertaken concerning future developments for emergency access. Andy Osborn led a discussion of which streets are built when. He explained the different level of roads having different section standards, i.e., a local road functioning as a collector street will fall apart faster and that is why it is more important that 27th Street be built first. Commissioner Swearingen asked who paid the cost at the local or County levels; this was explained. Disputes are resolved at staff level. Another discussion regarding secondary accesses ensured. Commissioner Swearingen expressed her opinion that the applicant is being asked to bear the cost of street development that will actually be to the benefit of the City, and she does not feel he should be required to do this. She also stated she feels the applicant has offered to go beyond what he should be required to do. Mr. Osborn offered his opinion on traffic flow generated by the development in question. Peter Russell, ODOT, summarized his exhibit given to the Commissioners, regarding the impact to the transportation system by the proposed development. Various options and parallel routes were discussed. Specifically, the left turn refuge was discussed in extensive detail. Mr. Russell answered many questions raised by the Commissioners. Future options that may arise will be able to be considered. Andy was recalled to the podium for additional discussion concerning the left turn refuge. Possible addition costs of future improvements were explained in regards to signals, extra turn lanes, utilities to be moved, roads to be widened, etc. No guarantees can be made at this time. More lengthy discussion ensured concerning the proposed left refuge lane (much of it off the microphone). Bob Lovlien, attorney for the applicant, took the podium and made the first point that the applicant has made significant concessions regarding the 27th Street connection being put in at the first phase, and he certainly was not aware of the idea of any preconceived notions, as the applicant had to make decisions "on the spot", and the last work session confirmed that. He explained many aspects of the access roads. He also pointed that Board of County Commissioners Meeting - 11/04/97 Page 4 6113-I EtA�5 the building of this large number of homes will not take place immediately and that many things will take a length of time to develop. The applicant is willing to put in a significant amount of infrastructure. This was explained in detail. A development of this enormity will serve the community better than many small areas developed in a piecemeal fashion. Mr. Bruce White explained some concerns raised concerning the applicant having authority to dedicate property that was beyond the premises; specifically between Indian Avenue and Highway 126. Kevin Hoffman, homeowner in Stonehedge, raised some questions concerning when 27th Street is proposed to be put in - prior to development or when development is finished. His preference is prior to, due to impact on present and future traffic. He asked if speed bumps could be put in. Andy Osborn was recalled to the podium and explained that the City of Redmond does not allow speed bumps on city streets at the present time; however, this is being studied by a traffic safety team. Public discussion closed. Commissioners discussion. RECOMMENDATIONS BY COMMISSIONERS: CONDITIONS: PHASE 1: Indian Avenue to 31St Street, 27th Street, right-of-way improvement to the intersection. (Dedication as part of the condition.) PHASE 2: Left hand refuge. (Paved areas pointed out on map.) Discussion off microphone. PHASE 3: Lengthy discussion regarding fire department access, etc., gravel versus paved, etc. (Much discussion off microphone.) At this point, open discussion was reopened and Mr. Bob Mayfield, Realtor, presented a discussion regarding the inability to provide access on 33`d Street or 31St Street to the South. The landowners have been approached and have declined allowing an easement. Only access at the present time is 35th Street. Commissioner Swearingen instituted discussion concerning access roads for the 3rd phase, width of road involved for fire trucks, etc. Discussion off microphone as to whether it is solely a fire truck issue, traffic safety issue, etc., 3/4 standard issue, 7% or 10% threshold, etc. (Regulations read from the Codebook.) Wayne Sorensen opened discussion concerning road alignments, etc. Stated Board needs specifications on right -of -way information. He explained details of dedications, aligning roads, etc. Mr. Sorensen stated that as he understands it, the question is not a land use question, per se, it is a question of the grant of access, of getting the legal connection from the collector street, 35th, to ODOT, and it has to meet ODOT standard and has to have a correct alignment. Discussion of alignment followed. Board of County Commissioners Meeting - 11/04/97 Page 5 Mr. Sorensen stated his department still feels the facilities are not there to support the proposed development. Peter Russell was recalled to answer questions regarding right access. He replied there has to be connection to 27th and 35t that meets the City and County 3/4 standards. Wayne Sorensen was asked what was wrong with that, and he replied, "nothing". Commissioner Swearingen reaffirmed that knowing this area is going to open up in some point in time, she would like to see the 33rd Street connection opened up. She would like to see 27th Street built and have the contractor use that access before phase 1 develops. They do not want the contractor to use 23rd to bring the construction vehicles in by that route. They want 27th Street put in and used as an access point during the construction period, whether it is paved or not. Commissioner Nipper gave his viewpoint on various issues. He feels 27th Street needs to be improved. 35th Street needs to be looked at as the second access. Phase 2 .... left turn refuge included. Phase 3 .... 35th Street be brought into a 3/4 standard with 50 ft. connection to 126. Commissioner Schlangen : "So, I am hearing - 27th Street before phase 1, to an arterial standard; dedication of all; Indian Avenue phase 2; 35th Street to a 3/4 collector standard. 33rd Street dedication...... (discussion not clear .... off microphone, several people talking at the same time). Applicant, Rod Saur, called to the podium to give his views on what has been talked about during the meeting. He discussed 35th Street to the North. He stated the Fire Department required 20 foot wide exit to the North for emergency purposes only, not a secondary access. This is in a letter written by the Fire Department. Discussion was held with ODOT regarding connection at 126 with such a road. Explanation explained about safe turn off from State highway. Discussion of traffic flow on various streets involved, i.e., 27th Street will handle traffic for all 3 phases. Paving of 35th Street for the purpose of traffic flow is not necessary. He explained the type of housing development involved and why this will benefit the economics of the area. Standards, guidelines, etc., of the development set forth. Mr. Saur stated the real requirement of 35th Street is the emergency access required by the Fire Department, not the traffic flow. He suggested that it be a condition that if it could be at a 20 foot wide gravel - providing ODOT would accept that for a condition at the highway. Discussion followed by various people concerning safety issues of 35th being brought up to City standards - gravel versus paved. Peter Russell gave information on standards required, alignment, etc. It appears that the assumption that this was to be a gated community, may have influenced prior opinions on this issue. Designations of the various roads needs to be investigated. Reference made to letter from the City, dated November 3, 1997, paragraph #4, stating gravel streets are not acceptable given the anticipated traffic generation from the 235 manufactured homes. Discussion followed. Point was raised that events intervening in the future will raise more of a case for modifications. Board of County Commissioners Meeting - 11/04/97 Page 6 OICU17-15'111, i4 Commissioner Swearingen again raised the issue of the applicant being asked to pay for improvements that benefit the general public, and she is opposed to this being the case. Discussion took place concerning the zoning of the area. CONCLUSION: Commissioner Swearingen made the motion based on the following conditions, the applicant be required to build Indian Avenue, 27th Street to 31St Street, in the first phase. All dedications for the property and those will be listed here in the future as Bruce develops, all dedications would have to be approved at the signing of the plat; nothing to be done at the 2nd phase. In the 3rd phase, secondary access of 35th Street would be paved to 3/4 standards, and the left turn refuge would be constructed at 27th - and there would already be a 50 foot dedication. 35th Street would be paved to Indian Avenue. Discussion by Commissioner Nipper concerning changing the left turn refuge from phase 2 to phase 3. Commissioner Swearingen explained. Commissioner Swearingen amended her motion to include the extension of 33rd Street. Commissioner Nipper seconded the motion. All Commissioners responded with "Aye". III. ADJOURNMENT There being no further business, Commissioner Schlangen adjourned the meeting at 8:30 p.m. ST: Recording Secreta Board of County Commissioners Meeting - 11/04/97 Page 7 BOARD OF COUNTY COMMISSIONERS OODESCHUTES COUIyTY, OREGON ROB,E°RT L. NIPPER, 06mq%sioner G' ofr A L. SWEAMK-GEkGbmmissioner