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2001-504-Minutes for Meeting June 11,2001 Recorded 6/26/2001VOL: CJ2001 PAGE: 504 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *CJ2001-504 * Vol -Page Printed: 06/29/2001 16:34:46 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: Jun. 26, 2001; 3:11 p.m. Regular Meeting (CJ) NUMBER OF PAGES: 7 KEYPU,yG JUN 2 0� MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK I V" 0�+#,�-� Board of Commissioners 1130 N.W. Harriman St., Bend, Oregon 97701-1947 COUNTY CLERK (541) 388-6570 • Fax (541) 388-4752 www.deschutes.org Tom De Wolf Dennis R. Luke EXCERPT OF MINUTES OF MEETING Mike Daly DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, JUNE 119 2001 Present were Commissioners Tom De Wolf, Dennis Luke and Mike Daly. Also present was Mike Maier, County Administrator; Laurie Craghead, Legal Counsel; George Read, Steve Jorgensen, Damian Syrnyk, Steve Miller and Paul Blikstad, Community Development; and Sue Brewster, Sheriffs Office. Also present were Kelley Jacobs, Juvenile Community Justice; Timm Schimke, Solid Waste Department; Tammy Credicott, Property Management; Mary Meloy, City of Redmond; several members of the media and approximately a dozen citizens. Chair Tom De Wolf opened the meeting at 10: 00 a. m. 1. Before the Board was Citizen Input. None was offered. 2. Before the Board Was an Informational Presentation, Given by the Tobacco -Free Alliance. Mary Fleischmann of the Tobacco -Free Alliance, and Stephanie Stroup of the Deschutes County Prevention Office, gave an overview of the work their groups do. Ms. Fleischmann said that the Tobacco -Free Alliance is funded by the monies generated as a result of Ballot Measure 44, which was passed in 1996, putting extra taxes on cigarettes. Excerpt of Minutes of Meeting Page 1 of 7 Pages Board of Commissioners' Workessio Monday, June 11, 2001 Quality Services Performed with Pride She explained that there are twenty-one members in the group, and they are volunteers from the community. The primary focus of their work is to create tobacco -free environments and encourage healthy lifestyles in Deschutes County. There are sub -committees that work primarily with youth and the education of the community. Ms. Fleischmann and Ms. Stroup distributed informational literature to Board and others at this time. 3. Before the Board was a Discussion on a Public Hearing on the City of Redmond Urban Area Public Facility Plan, SDC's and Comprehensive Plan Amendment. Mary Meloy of the City of Redmond presented an information packet on the Redmond Public Facility Plan and Comprehensive Plan Amendment. A brief discussion ensued regarding the numbers used for projected growth in the area. The public hearing on this item will be conducted on Wednesday, June 13, 2001. 4. Before the Board was Discussion of a Public Hearing and Consideration of Approval of a Text Amendment to Section 18, Amending Size Limitations for Individual Storage Units as Part of a Mini -Storage Facility. This Public Hearing had been continued from Wednesday, June 6, 2001. Damian Syrnyk of Community Development said he did some additional investigation regarding fire safety in use of these larger units, and also the building code. He spoke with Dave Fields of the State Fire Marshal's Office, and Mike Skeels, who is with the Bend Fire Department. He learned there are no prohibitions regarding fire code in the use of mini -storage units as large as 1,000 square feet. There are some additional requirements, but no prohibitions. He said the County building division would also address additional requirements during the plan review process. Regarding Commissioner Luke's concern about possible conversion from storage to business or office use, there are several roadblocks to that. The use would be limited to what the conditional use permit allows. Excerpt of Minutes of Meeting Page 2 of 7 Pages Board of Commissioners' Work Session Monday, June 11, 2001 Commissioner Luke expressed his concern about the potential thirty-foot high units, and asked that something be included in bold letters to the surrounding area to that effect. Chair DeWolf stated that he doesn't understand this statement, as the units can already be thirty feet in height; it is allowed under the code. Commissioner Luke said he was concerned that the height would have to exceed thirty feet to accommodate the use that is desired. Mr. Syrnyk explained that when notices are sent out, Community Development tries to include as much information as possible. LUKE: I move approval of Ordinance No. 2001-025. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 5. Before the Board was Discussion and Consideration of a Decision on a De Novo Appeal Submitted by High Desert Development Partners on Conditions of the Hearings Officer's Approval of a Conceptual Master Plan for the Huntington Ranch Destination Resort. This item had been continued from Wednesday, June 6, 2001. Laurie Craghead explained that the changes previously discussed were made, but that the most recent draft was not available for the Commissioners to review until earlier this day. She gave an overview of the changes, and a brief discussion occurred. She said there would be one more final draft presented to the Board later today. Commissioner Luke stated that he was not ready to vote on this until he had adequate time to read the draft. Commissioner Daly asked if all the involved parties - the attorneys and staff - agree with the changes in language; Ms. Craghead replied that they do. It is a compromise document that works to get all the legal requirements in. This item will be on the agenda of the Wednesday, June 13, 2001 Board meeting. Excerpt of Minutes of Meeting Page 3 of 7 Pages Board of Commissioners' Work Session Monday, June 11, 2001 6. Before the Board was a Discussion and Consideration of Whether to Hear an Appeal (#A-01-12) of Hearings Officer's Denial of a Conditional Use Permit for a Personal Use Landing Strip in the EFU Zone (off Edmundson Road, Northeast of Sisters). This item had been continued from Wednesday, June 6, 2001. Steve Miller stated that the appellant had provided a letter waiving the time limit. He said the appellant, who is also the applicant, claims he was not able to get all of the information he could have into the record during the Hearings Officer's review. The applicant waived the 150 -day time limit for three weeks so he could get more information in, but very little new information actually came in. In fact, more information came in from the opposition. He said that what he thinks the applicant is doing now is trying to get another chance to come back and present additional information to see if a different result might occur. He further explained that he feels the Hearings Officer provided ample time for all the necessary information to come into the record for her to make a decision on this application, but that the applicant did not provide all the information he could have at that time. Some of this information was additional survey detail that wasn't available to the Hearings Officer, and she had requested it at the time of the hearing. It came in after she made her decision. Chair DeWolf said that he thinks this is an odd way to approach this. Mr. Miller said that on these grounds, the applicant is asking for a de novo review to try to bring in the information that they should have provided the first time around. Commissioner Luke stated that the Hearings Officer has been a pilot for a long time, and he will rely on her judgment on this one as well as staffs recommendation. Commissioner Daly said that he totally disagrees. His reasons for disagreeing are that he is a licensed commercial pilot and has flown for years, and has flown the exact same airplane that they are talking about. He said that the Hearings Officer made a statement that a headwind is a detriment to an aircraft; the truth is totally opposite. He questioned her assumptions from her review of the owner's manual of the aircraft. A 2,200 -foot airstrip with an aircraft of this type should be more than adequate. Excerpt of Minutes of Meeting Page 4 of 7 Pages Board of Commissioners' Work Session Monday, June 11, 2001 Commissioner Daly also stated that the Hearings Officer used the wrong maps, although it is the appellant's fault for not making sure she got the right information. He explained he feels her findings are in error in regard to the performance of the aircraft, and emphasized that he says this without any hesitation at all. Commissioner Luke asked if they sold that plane and bought something different. They couldn't be stopped from landing there. Commissioner Daly said he could say the same thing about every airport in the state. For example, Bend Airport has a lot of Cessna 172's, and on a 100 -degree day, with four people aboard, with full fuel, that aircraft won't get off the ground safely. All small strips are inherently a problem for people who don't know them. However, a private strip is not open to the general public. Each pilot has to make his or her own decision as to whether he or she can get out of an airport. Steve Miller said that the Hearings Officer was primarily saying that the information in the record regarding the length of the runway was not accurate. She did not feel confident that what was indicated was going to be the actual length of the runway for several reasons, such as the buffers that would be required, as well as the information that ODOT Aeronautics relied upon, since they didn't do a site visit. She felt there were too many discrepancies. She was also concerned about safety, especially for the surrounding homeowners; and with the fact that there is another personal use runway in close proximity. Commissioner Daly emphasized that he disagrees wholeheartedly with her findings on the aircraft and its performance. He said that if he knows for a fact that the Hearings Officer made an error in her findings, he feels he has to vote in favor of hearing the appeal de novo. Chair DeWolf explained that he doesn't know airplanes. For him it comes down to the fact that the applicants had an opportunity to submit the proper information in a timely manner, and did not do so. He said he doesn't want to use the Board's hearings as a chance for applicants to try to get by one way, and if that doesn't work, try this way. He stated that he doesn't think that is an appropriate use of the hearing process. He said that for that reason, he can't support a de novo hearing. Excerpt of Minutes of Meeting Page 5 of 7 Pages Board of Commissioners' Work Session Monday, June 11, 2001 He further stated that based on the evidence, they don't meet the criteria. Because of these reasons, he said he is choosing to deny hearing this. He said he hopes they don't pursue it to LUBA as he feels they are wasting their money. Commissioner DeWolf asked rather than just vote to not hear this, could they vote to adopt the Hearings Officer's decision as the decision of the Board. Laurie Craghead replied that a hearing would be required to do that. Right now the decision is whether to hear the appeal. It would have to be a hearing and be properly noticed if the Board decides to make a decision that way. Commissioner DeWolf asked if by not hearing the appeal, does it diminish the Board's standing in front of LUBA. Ms. Craghead replied that in a sense it does, because it is a decision by the Hearings Officer that doesn't give deference. If LUBA disagrees with the Hearings Officer, it can remand it to the Board or it can simply overturn the decision. LUBA rules on the entire record, not de novo. Commissioner Daly said that LUBA might find that a portion of the record is in error. Ms. Craghead stated that LUBA would come to its conclusion based on substantial evidence in the record. It only takes one reason for a denial. LUKE: I move that we do not hear Appeal A-01-12. DEWOLF: Second. VOTE: LUKE: Yes. DALY: No. DEWOLF: Chair votes yes. 18. Before the Board was Additions to the Agenda. Commissioner Luke explained that the Board has received letters from Bruce Warner, Director of ODOT, and from Frank Pennock of the Deschutes River Woods Homeowners Association, asking for a letter of support to change the speed limit in Deschutes River Woods. Mr. Warner has agreed that his department would give this application the highest priority. Excerpt of Minutes of Meeting Page 6 of 7 Pages Board of Commissioners' Work Session Monday, June 11, 2001 LUKE: I move that the Board write the letter of support and fill out the application for them. DEWOLF: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. There being no further items brought before the Board, Chair Tom DeWolf adjourned the meeting at 11:1 S a.m. - End of Excerpt of Minutes - DATED this 21St Day of May 2001 for the Deschutes County Board of Commissioners. Tom DeWolf, Chair 4e;4nnis R. Luke, Commissioner ATTEST: �e - 67M)-4�6AZA,- Michael M. Dal yecommissioner Recording Secretary Excerpt of Minutes of Meeting Page 7 of 7 Pages Board of Commissioners' Work Session Monday, June 11, 2001