2003-1271-Minutes for Meeting September 24,2003 Recorded 9/29/2003COUNTY
TES
FICIAL
NANCYUBLANKENSHIP,FCOUNTY CLERKDS
COMMISSIONERS' JOURNAL 0912912003 02;43;10 PM
IIIIIIIII I�IIIIII�IIIIII IIII III
2003-1271
DESCHUTES COUNTY CLERK
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Deschutes County Board of Commissioners
1130 NW Harriman St., Bend, OR 97701-1947
(541) 388-6570 - Fax (541) 388-4752 - www.deschutes.org
MINUTES OF MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., WEDNESDAY, SEPTEMBER 24, 2003
Commissioners' Hearing Room - Administration Building
1130 NW Harriman St., Bend
Present were Commissioners Dennis R. Luke and Michael M. Daly; Commissioner
Tom De Wolf was out of the office. Also present were Mike Maier, County
Administrator; Judith Ure, Ted Schassberger and Anna Johnson, Commissioners'
Office; Catherine Morrow, Jon Skidmore, Cathy Tilton and George Read,
Community Development Department; Laurie Craghead and Mark Pilliod, Legal
Counsel; Marty Wynne, Finance Department; media representative Chris Barker
of the Bulletin; and ten other citizens.
Chair Dennis Luke opened the meeting at 10:00 a.m.
At this time, Chair Luke acknowledged the work of Judith Ure, the County's grant
writer, in regard to two recently awarded grants (one for forest fuels reduction and
one for the Family Safe Havens program).
1. Before the Board was Citizen Input.
None was offered.
2. Before the Board was Consideration of Approval of County Sponsorship,
by Providing an "at Cost" Fairgrounds Rental Fee, of the Oregon Rural
Development Council's "Growing the Renewable Energy Industry in
Central Oregon" Forum.
Minutes of Board of Commissioners' Meeting Wednesday, September 24, 2003
Page 1 of 11 Pages
MerrieSue Carlson, who is the Governor's regional coordinator for the
economic revitalization team, a board member of the Rural Development
Council, and a member of the steering committee for the upcoming forum, gave
a brief overview of the event.
Scott Aycock of the Central Oregon Intergovernmental Council added that the
renewable energy sources to be discussed include solar, wind, biomass,
geothermal, fuel cells, micro -hydra (canals), and others. The purpose is to
bring together industry members and entrepreneurs so that they can share
knowledge and resources, and develop a way to approach various governmental
agencies for assistance.
Commissioner Luke expressed concern that the event is somewhat like a trade
show, and wondered why the County should help with the costs of the event.
After a brief discussion, it was determined that several government entities are
involved and are sponsoring the event, which would qualify the event
coordinators for a 20% government rate discount. Commissioner Luke stated
that the manager of the Fairgrounds and Expo Center will be contacted to
confirm the facilities charge should be discounted by 20% for this group.
3. Before the Board was Consideration of the Adoption of Written Findings,
and the First Reading of Ordinances No. 2003-079 and 2003-080,
Regarding the Designation of Eight Tax Lots as Rural Commercial (a
Portion of Ahern Acres, La Pine).
Jon Skidmore pointed out that a small typographical error on Exhibit A has
been corrected.
DALY: Move approval of the written decision in this case.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
DALY: Move first reading of Ordinance No. 2003-079 by title only.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
Chair Luke then conducted the first reading of Ordinance No. 2003-079.
Minutes of Board of Commissioners' Meeting Wednesday, September 24, 2003
Page 2 of 11 Pages
DALY: Move first reading of Ordinance No. 2003-080 by title only.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
Chair Luke then conducted the first reading of Ordinance No. 2003-080.
Consideration of the second reading and adoption of the two ordinances will be
in two weeks, on Wednesday, October 8.
4. Before the Board was a Public Hearing, and Consideration of Adoption, by
Emergency, of Ordinances No. 2003-028 and 2003-029, Amending Zoning
and Text regarding the La Pine Neighborhood Planning Area District.
Christy Morgan distributed information to the Commissioners, detailing the
proposed conditional use for a storage area for outdoor recreational equipment;
and explained that the ordinances would correct inconsistencies of the
ordinance that had been adopted in July. She then read the outdoor storage area
description as contained in her memo. (A copy of the memo is attached as
Exhibit A.)
Catherine Morrow added that in order for the storage area to be approved, it
requires a conditional use permit and site plan process. It cannot negatively
affect the surrounding properties; therefore, the type of fencing and screening
would be a consideration. The neighborhood will have CC&Rs and the
applicant will be the builder of the facility.
Ms. Morgan asked that these ordinances be adopted by emergency, since the
quadrant plan cannot be submitted until the adjustments are adopted.
Commissioner Luke then opened the public hearing.
Terri Valiant of Pahlisch Homes provided handouts to the Commissioners,
detailing a sample of the zero lot line concept, with elevations.
Being no further testimony offered, Chair Luke closed the public hearing.
Minutes of Board of Commissioners' Meeting Wednesday, September 24, 2003
Page 3 of 11 Pages
DALY: Move first and second readings of Ordinance No. 2003-028 as
amended, by title only, declaring an emergency.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
Chair Luke then conducted the first and second readings of Ordinance No.
2003-028, declaring an emergency.
DALY: Move approval of Ordinance No. 2003-028.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
DALY: Move first and second readings of Ordinance No. 2003-029, by title
only, declaring an emergency.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
Chair Luke then conducted the first and second readings of Ordinance No.
2003-029, declaring an emergency.
DALY: Move approval of Ordinance No. 2003-029.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
5. Before the Board was a Public Hearing, and Consideration of First
Reading of Ordinance No. 2003-031, regarding Urban Reserve Areas
Eligible for Resort Siting.
Catherine Morrow referred to an oversized aerial photograph of the subject
area, which is in the urban reserve zone, and explained where the property is
located. She said it is now eligible to be mapped as destination resort property
because of criteria developed in 1996; and remapping must be done during
periodic review. The City has already conducted public hearings to amend the
comprehensive plan. The land is now zoned urban reserve (UAR-10).
Minutes of Board of Commissioners' Meeting Wednesday, September 24, 2003
Page 4 of 11 Pages
Brian Shetterly, the City of Bend's long range planner, said that the County had
requested that this item be added to the City's periodic review work task. The
sole obstacle for the property being eligible was removed when the property
transferred to private ownership. He added that there were public hearings
before the City's Planning Commission and City Council, but no oral testimony
was given except by the owners of the property.
Chair Luke then opened the public hearing.
Nancy Craven, an attorney who represents the property owners, presented
detailed maps to the Board. (A copy is attached as Exhibit B.)
Dike Dame of Williams & Dame Development, who is representing the owner
of Cascade Highlands, stated that they actually purchased 130 acres and deeded
most of it back to the Bend Metro Park and Recreation District for a buffer zone
and park area. A bond of $75,000 has been placed into escrow for future park
improvements.
Citizen David Smiley, who lives near the subject area, said that he wasn't a part
of the previous process because he purchased his property relatively recently.
He noted that access to biking trails has been preserved, which he approves. He
did express concern about the placement and height of buildings potentially
affecting local residents' views. (A copy of his written testimony is attached as
Exhibit C.)
Commissioner Luke pointed out to him that this is a mapping change only; and
that when development plans are submitted, Mr. Smiley and other local
residents will be notified so that they can comment on the layout and site plan.
He added that there will be an opportunity to give testimony before both the
City and the County.
Dike Dame explained that the trail system is the one agreed upon with Bend
Metro Park and Recreation District, the First on the Hill Subdivision
homeowners, and the Forest Service. The position of Cascade Highlands is to
honor the historic use of the trails.
Citizen Karen Pervus then spoke. She and her husband live on Brookside Way,
across Century Drive from the proposed development. They would like to see
that no building is allowed on the ridges which could negatively affect local
homeowners' views. (At this time she read a written statement; a copy is
attached as Exhibit D)
Minutes of Board of Commissioners' Meeting Wednesday, September 24, 2003
Page 5 of 12 Pages
She also expressed concern about where the entrance to the development would
be, and the impact of increased traffic. Additionally, she stated that heavy
traffic is already a problem and that the current allowed speed of 55 miles per
hour is too high, as local residents have a difficult time entering traffic from
side streets. She said that it is very dangerous, especially during ski season, and
that the traffic impacts have not been analyzed in years even though the area
has gone through a lot of residential development
Commissioner Luke advised her that speed limits are set by the state, but local
governmental entities can make a case for changes. A traffic study will likely
be required for the development, which can be used to help make the case for a
lower speed limit.
Being no further testimony offered, Chair Luke closed the public hearing.
Dike Dame, Ms. Pervus and Mr. Smiley then went to an adjoining meeting
room so that Mr. Dame could explain the development's proposed plans and to
answer their concerns.
DALY: Move first reading of Ordinance No. 2003-080 by title only.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
Chair Luke then conducted the first reading of Ordinance No. 2003-031.
Consideration of the second reading and adoption of this ordinance will be in
two weeks, on Wednesday, October 8.
6. Before the Board was Consideration of Signature of Document No. 2003-
376, an Assignment of Development Agreement No. 2003-239, from
Pahlisch Homes, Inc. to Elk Horn Development, LLC.
Laurie Craghead said that the contract has been revised to include an underlying
provision that Pahlisch will still be responsible; she also added, at the
Commissioners' request, a clause that no members are to be added to the LLC
without County approval, which cannot be unreasonably withheld. However,
Pahlisch proposed a compromise; that they will not add any members that
would result in the removal of Dennis Pahlisch from the LLC. She also added a
provision that the LLC will be licensed by the Contractors' Board before
development begins.
Minutes of Board of Commissioners' Meeting Wednesday, September 24, 2003
Page 6 of 11 Pages
Commissioner Luke emphasized that the County can't enter into a contract with
the LLC unless it is licensed, and they can't do any development or
construction work at this point.
Ms. Craghead indicated that the contract is primarily a land sales contract,
although somewhat a hybrid contract. She indicated that the Board could
approve the contract, but delay signing until the licensing has been concluded.
Commissioner Luke said he would vote "no" on contract item 2.5. He stressed
that Pahlisch Homes has a good track record, but the County is being asked to
move this into a new entity, and anyone could be brought in to the LLC.
This item will be placed on the agenda for Monday, September 29 and/or
Wednesday, October I for further discussion.
7. Before the Board was a Public Hearing, and Consideration of Signature of
Resolution No. 2003-111, Approving the Issuance of Hospital Revenue
Bonds by the Hospital Facility Authority of Deschutes County. — Doug Goe
(Orrick, Herrington & Sutcliffe LLP), and Tom Saffley and Jim Lussier
(Cascade Health Services/St. Charles Medical Center)
Chair Luke opened the public hearing..
Doug Goe of Orrick, Herrington & Sutcliffee, LLP explained that the
financing, although it is tax exempt in nature, would not be a bond but instead
would be part of a master lease agreement loan with Fleet Health Care, a
subsidiary of Fleet Bank. They often provide health care financing for
equipment; in this case, it would be for improvements of the central heating and
cooling system of St. Charles Medical Center. In this case the interest rate
would be lower than that of a bond.
He added that they are bringing this before the Board because under Federal tax
law, revenue bonds for a 501(3)(c) organization must be approved by a local
elected public body.
Jim Lussier, the Chief Executive Officer of Cascade Health Services, reiterated
that the purpose of the funding is to expand the hospital's power plant,
including the emergency department; and to replace all current power sources
so that they are properly sized. They are specifically using this financial route
to help maintain reserves for future expansion.
Minutes of Board of Commissioners' Meeting Wednesday, September 24, 2003
Page 7 of 11 Pages
Mr. Goe added that the financing lease does provide for the consent of the
Hospital Facility Authority before the lease can be transferred. This involves
much less paperwork than required by a revenue bond. There is no liability to
the County; and Cascade Health Services is indemnified as well.
Being no further testimony, Chair Luke closed the public hearing.
DALY: Move approval.
The motion died for lack of a second.
This item will be placed on the agenda for Monday, September 29 and/or
Wednesday, October I for further discussion.
8. Before the Board was a Public Hearing, to Obtain Citizen Comments
regarding the Alyce Hatch Community Center Expansion Project.
Chair Luke opened the public hearing.
David Smiley, citizen and member of the Alyce Hatch Community Center
Board, testified. He thanked the Commissioners, the Project Manager Susan
Ross, and others who were involved in the expansion process. He said the
center tripled in size, resulting in a tremendous positive impact on the
Education Service District, other programs and the children and families served
at the center. He added that the project was well coordinated, and he wanted to
thank all of those involved for helping to make this happen.
Being no further testimony offered, Chair Luke closed the public hearing.
9. Before the Board was Consideration of Approval of a Resolution Adopted
by the La Pine Special Sewer District, Creating a La Pine Special Sewer
District Public Contract Review Board.
Laurie Craghead explained that the letter received by the Commissioners was
for informational purposes only, and that County approval is not required.
Before the Board was Consideration of Approval of the Consent Agenda.
DALY: Move approval.
LUKE: Second.
Minutes of Board of Commissioners' Meeting Wednesday, September 24, 2003
Page 8 of 11 Pages
VOTE: DALY: Yes.
LUKE: Chair votes yes.
Consent Aeenda Items
10. Signature of Order No. 2003-097, Amending the Emergency Jail Management
Plan.
11. Signature of Community Action Team Contracts for 2003-04 (for Various
Alcohol and Other Drug Prevention Programs).
12. Chair Signature of Document No. 2003-420, an Agreement between Bend
Police Department and Deschutes County, Enabling Deschutes County Parole
& Probation Department to Use the Firearms Range for Training Purposes.
13. Signature of a Document No. 2003-421, a Deed of Dedication and Acceptance
for a Right -of -Way through County -owned Property on Negus Way for Central
Electric Cooperative.
14. Signature of Document No. 2003-422, a Utility Easement for Central Electric
Cooperative on County -owned Property, Negus Way, Redmond.
15. Signature of Contracts (No. 2003-407 through 414) between Deschutes County
and Local School Districts regarding the Inspection of Food Preparation Facilities.
16. Chair Signature of Document No. 2003-418, an Audit Engagement Letter
between Deschutes County and Moss Adams LLP, Adding Auditing Services
for Fiscal Year 2002-03.
17. Signature of Document No. 2003-428, an Intergovernmental Agreement
between Deschutes County and the Oregon Board of Parole and Post -Prison
Supervision regarding Parole Hearings.
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
18. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District in the Amount of
$2,909.36 (two weeks).
DALY: Move approval, subject to review.
Minutes of Board of Commissioners' Meeting Wednesday, September 24, 2003
Page 9 of 11 Pages
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
19. Before the Board was Consideration of Approval of Weekly Accounts Payable
Vouchers for the Extension/4-11 County Service District in the Amount of
$2,390.62 (two weeks).
DALY: Move approval, subject to review.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
20. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County in the Amount of $2,510,368.53
(two weeks).
DALY: Move approval, subject to review.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
21. ADDITIONS TO THE AGENDA
Before the Board was Consideration of Signature of Documents Releasing
a Lien on a La Pine Property.
Mark Pilliod explained that tried, with the help of Sue Brewster of the Sheriff's
Office and staff of Community Development, to determine if this transaction
was related to a forfeiture proceeding or a code enforcement situation.
Minutes of Board of Commissioners' Meeting Wednesday, September 24, 2003
Page 10 of 11 Pages
He said that has not been able to determine if there is a connection, but
recommended to the Board that they accept the $10,000 payment, and remove
the lien to allow the property clear title. Research can then be done to
determine where the funds should be posted.
DALY: Move approval.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
Being no further items brought before the Board, Chair Luke adjourned the
meeting at 11:35 a.m.
DATED this 24th Day of September 2003 for the Deschutes County
Board of Commissioners.
--
Dennis R. Luke, Chair
6d-5& ---
Tom DeWolf, Commissioner
ATTEST: Michael A E01y, Co ssioner
Recording Secretary
Attachments
Exhibit A: A memo related to Ordinance No. 2003-028 in regard to subdivision storage facilities.
Exhibit B: Copies of maps related to the proposed adoption of Ordinance No. 2003-031
Exhibit C: A copy of written testimony from David Smiley regarding Ordinance No. 2003-031.
Exhibit D: A copy of written testimony from Karen Pervus regarding Ordinance No. 2003-031.
Minutes of Board of Commissioners' Meeting Wednesday, September 24, 2003
Page 11 of 11 Pages
LnJ
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Community Development Department
Planning Division Building Safety Division Environmental Health Division
117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX(541)385-17,64
http://www.co.deschutes.or.us/c,dd/
MEMORANDUM
DATE:
September 23, 2003
TO:
Board of County Commissioners
FROM:
Catherine Morrow E�
RE:
Public Hearing on Ordinance 2003-028
At the Board of County Commissioners work session on the above referenced public
hearing Chairman Luke raised some questions on the proposed definition for Outdoor
Storage Area.
Staff considered the Chair's comments and conferred with the applicant. We propose
that the definition be amended to the following:
Outdoor Recreational Equipment Storage Area means a fenced area for the
outdoor storage of recreational or sporting equipment which may include.-
recreational
nclude.recreational vehicles as defined by Chapter 1&04, boats, jet skis, golf carts,
snowmobiles and dog sleds. The equipment may be stored outside or under a
roof without enclosed sides.
The applicant concurs with this proposed change. The revised definition clarifies that
the area will be fenced and that the storage will be outdoor or under a roof without sides.
The proposed change is consistent with the recommendation of the Planning
Commission. The other operating characteristics will be determined under the
application for a conditional use permit and site plan approval. The only place this use
will be permitted at this time is in the La Pine Neighborhood Planning area. The intent is
to serve the residents of the neighborhood planning area where lots will be urban sized
and CCBRs may prevent parking of recreational equipment outside on individual lots.
The definition is different from the definition for a mini -storage:
Mini -storage means commercial development of multiple storage units for rental
to the public.
Staff Recommendation: Approve the amended definition to replace the definition in
Ordinance 2003-028.
Exhibit 1
Quality/ Services Performed with Pride Page 1 of �
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ASCADE HIGHLANDS
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LOT LINE ADJUSTMENT NO. 9965.
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EXISTING ROCK
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P aymm>Is for the Westgate Parcd
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Cascade Highlands LP(CHLP) agreed to contribute 14—acres of the
YYestgots pared to Bend Metro Park and Recreation District (BMPRD).
Land b shaduded tram CHLP.
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.CHLP_ograed to _saWWish_a .public .tral_ system_ovr- and across_ W-Uons_of.
the CHLP land.
CHLP agreed to creation of a publk park contatnIng a water feature and o
frog system on Opprea1m telt' io—oaes of rod Pity. P tJy
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y CHL% located north of the Westgate pared, and agreed to the
Instagatfan of o public parking area In the vicinity of such public park.
LEGEND.
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oPn approximately acre ne�hbarhaod park Mtlrb asset the est—aside parcein the developmei l
with the underetandtrhq that ins balance of the set—askb parcel will be
— - - — Cascade Highlands Property Boundary
preserved as unimproved open—space(asoeI I as may be permitted in find
documents).
— - - — Adjusted Bend Metro Park and Recreation Property
•
CHIP agreed to establish height restriction rens an portions of CHLP land
Proposed Trail
p per Westgate Agreement
generally to the west of the set—a" parcel.
Proposed Trail with Cascade Highlands
•
CHIP agreed to locate the intersection of Century Drive and the proposed
collector road or main access rood anticipated to serve the CHLP land, a
Destination Resort Development
distance of at least I.ZW feet from the eastem most boundary of the
Westgate ep and CHLP to agreed landscape such collector or main
CASCADE HIGHLANDS
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DEVELOPMENT PROVISIONS
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September 24, 2003
Written Comments to ZC-02-01 Ordinance 2003-031
There are two major concerns regarding this amendment to the county zoning map to add
Destination Resort Overlay Zone to a 116 acre property in the UAR 10 zone; file number
ZC-02-01 Ordinance 2003-031:
1. Development of the destination resort without restrictions on location and height
of the project buildings would be a terrible detriment to our community, resulting in the
obstruction of the marvelous mountain views available to Deschutes county residents
visiting the Community Park Site located directly adjacent to the subject parcel.
2. Granting the amendment to allow the development of that site would result in the
destruction of the biking access easements rights created and established from the Park
property to Phil's Trail and a myriad of other trails. These trails have been utilized to
access the federal property form Swarens avenue for more than thirty years.
Sincerely
David Smiley
Exhibit C
Page _� of_
To: Deschutes County
Community Development Department
Catherine Morrow, Principal Planner
From: Karen and Melvin Purvis
19372 SW Brookside Way
Bend, OR 97702
(541)330-2313
Re: Public Hearing, September 24, 2003
File Number: ZC-02-01 Ordinance 2003-031
Amendment to the County zoning map to add Destination Resort Overlay
Zone to a 116 acre property in the UAR 10 zone.
My husband and I live at 19372 SW Brookside Way in the Braebern Subdivision.
We have some very serious concerns regarding the proposed Destination Resort
Overly Zone on the property to the north of us on the opposite side of Century
Drive.
1) We request that, if the property is zoned for a destination resort, there
be a provision to exclude any building at the top of the ridge that would
obstruct our mountain views. We currently have a view of the South
Sister and Broken Top from the lower level of our home. Not only would
an obstruction of this view decrease the liveability of our home but
would most surely decrease the value of our property.
2) Our second major concern is where the primary entrance to the property
would be. Swarens Avenue entrance is just past the entrance to
Braebern. There are already large volumes of traffic in this area and a
large increase due to the Destination Resort would be very difficult to
accommodate. Already, especially during ski season, it is not uncommon
to have to wait 10 to 15 minutes just to make a right turn from Braebern
onto Century Drive to get to town. A round -a -bout or some other type of
traffic control device would be necessary if Swarens Ave. would be the
primary access.
Congestion of traffic would be less of a concern if the primary access to
the property would be to the west at Platt Lundgren Road. Even this
entrance would not solve the issue of larger volumes of traffic on
Century Drive. A better option would be to have primary access to the
property somewhere other than onto Century Drive.
3) Our final major concern is the traffic speed along Century Drive. The
speed limit along Century Drive where we enter and exit at Braebern is
Exhibit (V_
Page /_ of a
currently 55mph. Due to all of the increased housing development along
Century Drive the speed limit needs to be decreased to no more than 35
mph along Century Drive beginning at least at the city limit sign near the
Entrada Lodge. This area is already very dangerous especially during ski
season when most drivers seem to be traveling at least 65 mph. An
increase in traffic from a destination resort would have a major impact
on the safety of this section of Century Drive.
A decrease in traffic speed, starting at least at the Inn of the 7 t
Mountain would also be helpful in regaining a higher level of safety on
Century Drive.
Thank you for your consideration regarding these concerns.
Sincerely,
Karen and Melvin Purvis
C
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ala Z//a 3
Exhibit p
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