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2000-1022-Minutes for Meeting November 02,2000 Recorded 12/13/2000VOL: CJ2000 PAGE: 1022 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *02000-1022 * Vol -Page Printed: 12/13/2000 13:52:13 DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: DOCUMENT TYPE: Dec. 13, 2000; 1:05 p.m. Regular Meeting (CJ) NUMBER OF PAGES: 14 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK KEVNCHD DE00 \3TEF' (22Ir iD�C ► ► 0 s Pr9 ; 5) C.�� 00 A I'.1 CLL'''h Board of Commissioners JA - MINUTES JOINT PUBLIC HEARING 1130 N.W. Harriman, Bend, Oregon 97701 (541) 388-6570 • Fax (541) 388-4752 DESCHUTES COUNTY BOARD OF COMMISSIONERS AND DESCHUTES COUNTY PLANNING COMMISSION Thursday, November 2, 2000 Terrebonne Elementary School Terrebonne, Oregon E -Mail: www.deschutes.org. Linda L. Swearingen Tom N. DeWolf Dennis R. Luke Present were Deschutes County Commissioners Linda Swearingen, Dennis Luke and Tom DeWolf; and Deschutes County Planning Commission members Everett Turner, Frank Deggendorf, Paul Bianchina and Beverly Nilsson. Also in attendance were Geralyn Haas, Paul Blikstad, Tracy White, Damian Syrnyk and George Read, Community Development Department; members of the media, and approximately fifty citizens. Chair Linda Swearingen opened the meeting at 5:30 p.m. The Commissioners spoke briefly about the potential ramifications of Measure 7, should it pass at the upcoming election. The Measure could severely impact property ownership, especially down -zoning. She further explained that time restrictions may not allow input or discussion regarding the cellular telecommunications tower issue; it would be addressed if enough time remained after the hearing. Minutes of Hearing - Terrebonne Rural Community Page 1 of 10 Pages Board of Commissioners and Planning Commission Thursday, November 2, 2000 Quality Services Performed with Pride Geralyn Haas made a brief explanation of the evening's issues: 1. The Planning Process 2. Proposed Amendment to the Deschutes County Comprehensive Plan Growth Management Chapter, Rural Development for the Terrebonne Rural Community Goals and Policies 3. Proposed Amendment to the Deschutes County Code, Title 18, to Limit uses in the Terrebonne Residential 5 -acre District She provided the public copies of the information to be addressed. Paul Blikstad addressed the TER 5 Zone, and explained why this is required to implement new rules for Deschutes County. Utilizing an oversized map of the Terrebonne area, he noted that a 300 -space manufactured home park had been proposed, but the Commission requested a second look at the requirements. The manufactured home park was denied based primarily upon the impacts upon the area's infrastructure, especially the road system. He stated that Community Development proposes to amend the TER 5 Zone to take out two uses that were included in 1997, when the plan was updated. Those two uses are manufactured home parks and multi -family dwellings - those larger than a duplex. He explained that these uses are considered too intense and too dense for the 5 -acre minimum zone; a manufactured home park could have twelve residences per acre. At this point, Chair Linda Swearingen opened the public hearing and invited public testimony. It was explained to the audience that the test change portion requires everyone to hook into a water system; and if a sewer system is available, hookup is required as well. Commissioner Luke stated that the approximate cost per hookup is $850, and that everyone on the original plat will be on the system. Paul Blikstad said that the option of a retirement center or a nursing home was left in; but that these would be conditional uses that are not permitted outright, as they need special review. Minutes of Hearing - Terrebonne Rural Community Page 2 of 10 Pages Board of Commissioners and Planning Commission Thursday, November 2, 2000 George Read explained that the boundaries were created in 1979, and changes were made when the plan was updated in 1997, adding manufactured home park and multi -families dwellings. Paul Blikstad indicated that RSR -5 was taken out, and RR -10 was put in. Michelle Doty, a local citizen, testified. She said that a manufactured home park would be too dense for a 5 -acre parcel. She said this was prompted by a 30 -acre parcel near Lower Bridge, and another parcel across Highway 97. She indicated they built in 1989, and hoped to add in-law quarters. She said according to the rules they assumed they could. She then asked about adult foster care. Commissioner Luke replied that it would still be allowed, and that a foster home cannot be kept out of a 5 -acre parcel. Ms. Doty asked how this change would impact the value of her property. Paul Blikstad answered that this would not change her use of the property; and that the policy is to rezone and go through the process. He further stated that any parcels that are redeveloped would need to be hooked into the water and future sewer system. An unidentified audience member stated that everyone thinks they can mini -farm, and is opposed to negative changes. He said five acres is a lot of land for one residence. Paul Blikstad replied that up to fifteen acres cannot be restricted. Tim Hitson, citizen, questioned that if this is passed, what is the time frame. Commissioner Swearingen replied that it is unknown at this point; that input is needed from the water and sewer system people. Doug McLaughlin of the sewer and water development group said that there is no set time for the sewer installation, as they must obtain a grant for the feasibility study. He further explained that the cost might be higher than the community can afford; that something will have to change, such as a manufactured home park coming in, for the system to go in. He said this could take years. Minutes of Hearing - Terrebonne Rural Community Page 3 of 10 Pages Board of Commissioners and Planning Commission Thursday, November 2, 2000 Tim Hitson said any multi -family uses would be disallowed, but asked about having three residences on one large system. Paul Blikstad said that due to state regulations, DEQ and Deschutes County requirements would have to be met. Commissioner Swearingen stated that the same procedures would be in place until the sewer system is in. Doug McLaughlin said that if a development requiring a sewage treatment plant is proposed and approved, the system would need to be dedicated to the community until a large system is installed. Commissioner Luke reiterated that if a large development were allowed, they would have to put in a sewage treatment system that would be turned over to the community. Tim Hitson asked if the sewer system was in, would smaller lot sizes be allowed. Paul Blikstad replied that higher density might be allowed if a system was in, but that the property owner would have to apply. (A general discussion occurred regarding the options identified by a feasibility study, with the least expense option shipping the effluent to Redmond.) Tim Brown, citizen, then spoke. He said he lives outside the boundary, and feels those parcels outside the boundary are affected by this as well. He stated he is concerned about a manufactured home park, and that private wells could be contaminated. C. B. Foss asked for an explanation of UGB. Tracy White explained that work occurred in 1996 and 1997; it is not really a UGB but an unincorporated community. The state allowed the County to define a boundary to allow more flexibility and to look at more urban -type uses. She said that the citizens have made it clear they want the community to stay rural in nature, and want low-density development only. Planning felt that higher density uses were an oversight, and the DEQ was concerned regarding large developments on separate sewer systems. Minutes of Hearing - Terrebonne Rural Community Page 4 of 10 Pages Board of Commissioners and Planning Commission Thursday, November 2, 2000 C. B. Foss asked how long can Terrebonne possibly stay this small? He said some areas should be zoned smaller if the infrastructure would allow it. He stated that the applicant was denied, and spent at least $30,000 in the process. Commissioner Luke answered that this just removes conditional uses; that one could go through the rezoning process, then would have outright uses. He said that someone could still ask for a manufactured home development through rezoning, but the infrastructure would have to be able to handle it. This would be a public process. Paul Blikstad explained that it would need to be an outright or conditional use, and that public input indicated that the local citizens did not like the idea. He further said that the infrastructure is not equipped to handle such a development at this time. Michelle Doty then spoke again. She observed that even if a conditional use permit process is followed, it could still be denied. She asked why this change is necessary. George Read replied that the old zoning said a manufactured home park would be allowed, but it all comes back to having water and sewer systems and an additional zone change. He explained that small sewer systems are now allowed, but this thwarts the idea of a large, overall system. The theory is to encourage one common sewer system and waste treatment plant. He said that individual smaller systems are okay, but must go to the main sewer system to be properly managed. The cost for this would be at the expense of the ratepayer. C. B. Foss said that if there is no growth, no sewer system is necessary; but that the community wants some growth. An unidentified audience member asked if the developer would pay for the system. Commissioner Luke said that if a developer wants to develop, a sewer system must be established. The developer will look to see if the cost makes sense. If a developer pays for a large portion, this makes it more affordable to the individual. Michelle Doty asked why this needs to be changed, as it is now a zone change. Minutes of Hearing - Terrebonne Rural Community Page 5 of 10 Pages Board of Commissioners and Planning Commission Thursday, November 2, 2000 Commissioner Luke replied that without this change, people could hook up into their own small system as a conditional use. Commissioner Swearingen said that sewer and water might be required, but perhaps a zone change isn't necessary. C. B. Foss testified regarding a smaller sewer system. The developer of the proposed manufactured home park would have had expenses around $1 million. DEQ required a substantial system, which was not cheap. The developer was willing to pay, and the community made an error in denying this. An unidentified audience member said that most people don't seem to want either extreme; they'd like something in the middle ground. George Read explained that this is designed to stop the proliferation of small systems. A large system would be very expensive. This change only eliminates manufactured home parks and multi -family dwellings. Michelle Doty asked if she wanted to build a triplex, would she need a sewer system and a zone change. Commissioner DeWolf replied yes, that the belief was the community wanted this to be more restrictive. Michelle Doty replied that she thinks it's because the government wants more money. George Read explained that the primary reason to keep the parcels large is to ultimately allow subdivision after the main system is in. The theory is that one - acre lots thwart development. Commissioner DeWolf said that the philosophy is incremental development that makes sense; develop the core area first, then expand as it makes sense and as the infrastructure allows. Orderly development is needed. Someday it will be appropriate, but we're not there yet. We're trying to control sprawl with orderly development. Tracy White said that DEQ approval is needed on a site system, which could be deeded over to the water district and incorporated in the community -wide system. Minutes of Hearing - Terrebonne Rural Community Page 6 of 10 Pages Board of Commissioners and Planning Commission Thursday, November 2, 2000 Paul Bianchina said they wanted a community consensus based on community workshops. Commissioner DeWolf explained that we are all government, and are trying to gather opinions and find a middle ground to get a consensus and meet the needs of the majority. Janet Abbott then testified. She asked if the system is deeded over, how do you know if it's compatible with a new system. Tracy White replied that the system would be reviewed by DEQ and the water district, and that they have identified those that are feasible. A feasibility study has identified the guidelines of a big system. Ms. Abbott asked if anyone is looking for grant funds for this system. Tracy White said the only cost-effective, feasible was to do this is to pipe the effluent to Redmond; and that Redmond is reviewing this issue to compute treatment costs. Commissioner Luke said that when Sisters put in their sewer treatment plant, it took loans, grants, bonds and government involvement, and that the work for this was begun in the 1960's. There are a lot of resources, but it takes a lot of work and time. Ike Abbas testified. He asked if zone changes are reviewed every four years. George Read replied that the rules are subject to periodic review, but that this has changed several times. Janet Abbas, citizen, then asked if the boundaries could be changed. George Read answered that it is difficult to expand rural communities. Urban unincorporated comes first, but cannot be expanded until there is sewer and water infrastructure. Irma Forester testified. She asked if changes make it easier to have a sewer system in Terrebonne, she is for it. She indicated she is concerned about nitrates in the water, and already sand filter systems are being required. She encouraged the citizens to take a long, hard look at the overall picture. Minutes of Hearing - Terrebonne Rural Community Page 7 of 10 Pages Board of Commissioners and Planning Commission Thursday, November 2, 2000 Commissioner Luke asked for a show of hands as to who would be for or against these changes. Approximately 14 people indicated they were in favor, and 5 wanted to see it left as is. Chair Linda Swearingen then closed the hearing. At this point, a work session between the Board of County Commissioners and the Planning Commission began. Paul Bianchina explained that the Commission has received a lot of letters from the public encouraging restricting the development of wireless telecommunications towers before the rules are refined. He had questions regarding who would enforce this, whether there would be periodic review of the towers, and who would be responsible for removing the towers as technology changes dictate. Commissioner Swearingen said the County had received a flurry of activity because of proposed changes, and they would have to apply to LCDC for a moratorium; notice would be required. Commissioner DeWolf said they would hope the moratorium would be completed within forty-five days. Commissioner Luke asked if the ordinance could be made retroactive. George Read said this is not a land use; it all can go before the Board of Commissioners. Damian Syrnyk gave an overview of the pending applications, including four from American Tower Corporation. He said they build towers and infrastructure. The first two go to the Hearings Officer next Tuesday, and denial is recommended. He said one problem with American Tower is that they are not licensed by the FCC to service Deschutes County; they are trying to find spots for towers to attract licensed companies. They're trying to develop a network of sites. The only company that has applied for tall towers is American Tower; others are trying to go down the path of least resistance with shorter towers. Commissioner Swearingen said the ordinance would not allow America Tower to put in towers unless someone is already leasing the space; they must not have any other options. She said American Tower can apply, but won't necessary get what they want. Minutes of Hearing - Terrebonne Rural Community Page 8 of 10 Pages Board of Commissioners and Planning Commission Thursday, November 2, 2000 Damian Syrnyk explained we do have other companies like American Tower looking at the area; they are facilities builders. Commissioner DeWolf said they could apply, so it's important to get the modifications in place as soon as possible. A moratorium would be questionable and very time consuming. Paul Bianchina explained a public hearing would be held soon. Geralyn Haas said this comes before the Board during the first week of December. George Read said that according to the legislature and the courts, the local Board is right unless it is shown that their actions are clearly illegal in interpreting the code. There is a lot of protection for their decision, and the courts can't overturn this unless they are clearly wrong. He said that a hearing by the Board is required, and it can be adopted on the same date. Paul Bianchina said he had received questions about ham radio operators. Commissioner Luke explained that they have some federal protection. Commissioner DeWolf asked about camouflage for the towers. Paul Bianchina replied that they are looking at this and have some ideas. He asked if the County would provide enforcement if a complaint comes in. He also wanted to know how an inventory of towers would be maintained. Commissioner DeWolf said that sweeping enforcement is not a good idea, and that it should be dealt with on a complaint basis. Everett Turner suggested that a tower company pay a fee for this. He also indicated that Deschutes County is ahead of the curve on this issue when compared to other counties. Paul Bianchina said that a standard needs to be set, and providers would have to comply. They will find a way. (A general discussion occurred regarding consultants to tower companies in other areas.) Minutes of Hearing - Terrebonne Rural Community Page 9 of 10 Pages Board of Commissioners and Planning Commission Thursday, November 2, 2000 George Read said the County should push for independent review as Community Development is not qualified to do this; and it's not cheap and involves a long timeline. Geralyn Haas said the public has indicated that it would like to turn it all over to a consultant. Commissioner DeWolf suggested the County pay for a few hours of review. Attached to, and made apart of, these Minutes: ■ Sign in sheet (2 pages) ■ Sign -in cards for testimony (2 pages) Being no further discussion, Chair Linda Swearingen adjourned the meeting at 7:15 p. m. Dated this 2"a Day of November 2000 for the Deschutes County Board of Commissioners. ATTEST: c da L. Swearingen, hair Den is R. Luke, Com lssioner Tom DeWolf, Commissioner Minutes of Hearing - Terrebonne Rural Community Page 10 of 10 Pages Board of Commissioners and Planning Commission Thursday, November 2, 2000 a 1. 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