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1998-04871-Minutes for Meeting January 08,1998 Recorded 2/4/199898-01£71 0163-2911 MEETING MINUTES OF THE DESCHUTES COUNTY BOARD OF COMMISSIONERS JUVENILE JUSTICE CENTER, ROOM A, qp E� _4 PM 3; 16 1128 NW HARRIMAN STREET, BEND, OR 97 JANUARY 8, 1998 CCl!�iT'I" CLEi;i( CALL TO ORDER: Nancy Pope Schlangen called the meeting to order. County Board Commissioners present were Nancy Pope Schlangen, Chair, and Linda Swearingen, Commissioner. Planning Commissioners present were Paul Bianchina, Chair, Beverly Nilsson, Jerry Miller, Bruce Brothers, Everett Turner, Ted Schassberger, and Joel Dasenko. Planning staff members present were Barbara Rich, Assistant Planner, and Kevin Harrison, Principal Planner. Legal Counsel staff was represented by Bruce White. NOTE: The Board of Commissioner's requested that the County Planning Commissioners be present at this meeting. II. PUBLIC HEARING — FILE NO. TA -97-6 Commissioner Schlangen opened the joint hearing to discuss a text amendment to the Wildlife Area Combining Zone to allow uses in the Bend -La Pine Deer Migration Corridor. Commissioner Schlangen noted that the Planning Commission voted 4-3 against the proposed amendment and that the County Commission did not want to make a decision on this issue without first hearing from the Planning Commissioners and their concerns with this amendment. Barbara Rich gave a quick synopsis of the proposed amendment and noted that the Planning Commission held a public hearing on October 9, 1997, on this issue and voted October 23, 1997, to recommend that the Board of County Commissioners deny this amendment. The results of the vote were 4 against this amendment and 3 in favor. The Board of County Commissioners opened the Public Hearing on this amendment on November 12, 1997, after hearing initial testimony. The Board concluded that meeting by requesting the joint hearing being held this evening. The major points of the proposal are as follows: To amend the text of Ordinance No. 97-074 to allow churches, under specific circumstances, in the Bend -La Pine Deer Migration Corridor. To limit church sites to parcels no smaller than one acre and no larger than five acres in size, parcels adjacent to a rural collector or arterial, parcels zoned RR -10, and properties not in the areas designated as Corridors in the 1997 South County Regional Problem Solving Map. Board of County Commissioners Meeting — 01/08/98 Page 1 FEE? v' ,.,", . 0163-2912 Recapping the staff proposal, Ms. Rich noted that planning staff recommended that the aoplicant's proposal be approved with the addition of specific other uses that they found were not significantly different than churches in nature, which include: public and private schools, bed & breakfast inns, playgrounds, recreation facilities or community centers owned and operated by a government agency or non-profit community organization. Ms. Rich also noted that the applicant proposed to further limit the proposal to properties immediately adjacent to Burgess Road and the Board of County Commissioner's hearing held in November, and that there may or may not be issues related to that which warrant discussion at this meeting. She further noted that the applicant and Ted Wise from the Oregon Department of Fish and Wildlife (ODFW) were present at the meeting. Clarification was given by Bruce White that this hearing is a continuation of the previous November hearing and that the record is therefore still open and that public input and testimony can still be accepted. Nancy then asked the Planning Commissioners to give their perspectives on the proposed amendment.. Commissioner Dasenko voted in favor of the amendment because he felt that the existing permitted uses, in some cases, have more impact than the proposed use of the church. Commissioner Bianchina voted against the amendment and noted that even though this proposal is limited to a particular applicant, it sets a precedent for other people to come before the County to establish new buildings or new uses within the Wildlife Corridors and that it opens the door and begins to defeat the purpose of what Deer Migration Corridors and the Wildlife Zoning is there for. He further believes that the County needs to enact safeguards to prevent "chipping away" of these ordinances especially in light of the growth that the County has seen. Commissioner Brothers voted against the amendment and noted that while he has no problem with this particular proposal, he has a real problem with site specific legislation that he believes this proposal is. He also expressed concern with "chipping away" at the very ordinances that are intended to protect deer and wildlife. Commissioner Nilsson voted against the text amendment and believes that rather than allowing more variances, the Commission needs to make the Wildlife Zoning ordinances stricter and maintain the deer corridor for the same reasons that Commissioner's Bianchina and Brothers explained. Commissioner Miller noted that he was originally very much against the proposed amendment because of concern about erosion of the Wildlife Corridor. He noted, however, that he was persuaded to vote for this proposal after hearing testimony that dogs are one of the primary migration problems that the deer encounter as a result of additional development, and that since dogs aren't generally a problem at churches, he felt this proposal would not present significant additional migration problems for the deer. Commissioner Schassberger voted against the proposal and noted that he agreed with Commissioner's Bianchina, Brothers and Nilsson. He further expressed concern about preventing further high activity uses in the area while still allowing residential growth and believes that a church is a high activity use.. Board of County Commissioners Meeting — 01/08/98 Page 2 0163-2913 Commissioner Turner voted in favor of the proposal. He believes that this proposal would not significantly affect deer migration in light of the existing development. He also believes that Highway 97 presents a much greater problem for the deer than the Burgess and Day Road area. Commissioner Swearingen noted that based on the Fish and Wildlife report, dogs are the number one problem, that this proposal would affect a Corridor, not a Habitat area, and that a church, public/private school, and recreational facilities are more day -use facilities which do not have dogs. Overall, she believes that one church would have a lesser impact than even one home. She also appreciated that this proposal is limited to just 1-5 acres which might prevent large development from occurring. However, she noted that she, too, was concerned about the further "chipping away" of wildlife protection. Clarification was made that a change had been suggested by planning staff since the last public hearing to add wording which would limit development to "within '/4 mile of a rural service center". Bruce White noted that he was uncomfortable naming a specific road and that this wording would allow the proposed church to be placed along Burgess Road without referring to a specific road in the County ordinances. Continuing discussion took place among the Commissioners from both Commissions to clarify the issues. Ted Wise (ODFW) addressed the Commissioners and reiterated the concerns he noted at previous hearings as follows: that caution be taken to assure that no precedent be set if this proposal is approved; that dogs and fences are the major impact from further development; that there is no question an impact will occur and will result in loss if a church is built, and that there will be loss regardless of the use; and that ODFW is not in favor of or opposed to this proposed amendment. However, he requested that the impact be limited if the amendment is approved by requiring that the development only be allowed within''/. mile of a rural service center. Commissioner Swearingen reiterated that she is comfortable approving the amendment as long as it is limited to Burgess Road. Commissioner Schlangen reiterated her concerns with "chipping away", but believes that this particular proposal would not have a significant impact. However, she expressed concern that the amendment be limited if it is approved. Discussion continued among the Commissioners Jim Stone, representing the applicant, Cascade Bible Church, reiterated that they have worked closely with ODFW and they believe there will be little impact on the deer as a result of this amendment particularly in light of all the existing homes surrounding the area. He provided clarification that they lost the site they originally presented to the Planning Commission, and that the current site is 2.39 acres. Mr. Stone also requested that an emergency clause be granted in the event that this amendment is approved. Board of County Commissioners Meeting — 01/08/98 Page 3 0163-914 III. ADJOURNMENT After some additional discussion, Commissioner Schlangen recommended that the record be closed and that a work session be set up to make a decision. The County Commissioners thanked the Planning Commissioners for attending this joint public hearing and the Planning Commissioners thanked the County Commissioners for their concern. Both Commissions agreed that communication between them is important and that there should be more of it. There being no further business, Commissioner Schlangen adjourned the meeting at 7:30 p.m. BOARD OF COUNTY COMMISSIONER & CO NTY BOARD OF PLANNING COMMISSIONERS OF ESCHUTE i COUNTY ,OREGON NANCY P E SOHLANGEN, Chair L. NIPPER, ATTEST: `LINDA L. SWEARINGEN, Co issioner Recording Secretary Board of County Commissioners Meeting — 01/08/98 Page 4