2003-1424-Minutes for Meeting December 03,2003 Recorded 12/5/2003COUNTY
TES
FICIAL
NANCYUBLANKENSHIP,FCOUNTY CLERKS
COMMISSIONERS' JOURNAL 12/05/2003 03;42:33 PM
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2003-1424
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.orp,
MINUTES OF MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, DECEMBER 39 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; Judy Sumners, Risk Management; Laurie Craghead, Legal
Counsel; Tom Blust and George Kolb, Road Department; George Read, Devin
Hearing and Steve Jorgensen, Community Development Department; media
representatives Chris Barker of the Bulletin and Jeff Mullins of KBND Radio; and
fourteen other citizens.
Chair Dennis Luke opened the meeting at 10: 00 a.m.
1. Before the Board was Citizen Input.
None was offered.
2. Before the Board was a Public Hearing and Consideration of Signature of
Order No. 2003-099, Vacating a Portion of A. J. Warrin Road (Jordan Road).
George Kolb gave an overview of the item, and said he had received several
calls from citizens who wanted to confirm the location of the property to be
vacated. The right-of-way is still there; the only portion to be vacated is the
part that is unused and not needed.
Commissioner Luke opened the public hearing.
Being no testimony offered, Commissioner Luke closed the hearing.
Minutes of Board of Commissioners' Meeting Wednesday, December 3, 2003
Page 1 of 7 Pages
DALY: Move approval.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
3. Before the Board was a Public Hearing and Consideration of First Reading
of Ordinance No. 2003-038, Amendments to the Firearms Training
Facility.
Devin Hearing gave background information regarding the proposed ordinance.
He indicated that this will allow Deschutes County to conform more closely to
OAR allowed conditional uses. Deschutes County amended forest use zones
recently, but this was not a part of that action; it was an oversight. The Bend
Trap Club is being encroached upon by residences, and this change would allow
them to relocate.
Commissioner Luke said that on Monday Commissioner DeWolf had expressed
concerns about these changes. Commissioner Luke added that the
grandfathering clause doesn't apply if they move.
Devin Hearing commented that in regard to conditional use standards, it is his
opinion that existing ordinance criteria does sufficiently address this issue.
There would be site plan review, a public hearing and other requirements to be
met before the Trap Club could relocate to the new area.
Commissioner Luke then opened the public hearing, and asked interested
persons to sign up to testify or if they wish to receive mailings. (A copy of the
sign -in sheet is attached as Exhibit A)
Gary Blake presented some background information on the issue. (A copy of
his statement is attached as Exhibit B) Approval of this ordinance will allow
the Bend Trap Club to submit a conditional use permit application and go
through the land use process for a site that is more desirable for them and the
community.
Mr. Blake pointed out that a lot has changed since 1929 when the original site
was developed; the area around it has been urbanized and it is surrounded by
development and is now in city limits. They have been searching for four or
five years for a suitable location, and a site in the F-1 zone has become
available, in a more appropriate rural setting.
Minutes of Board of Commissioners' Meeting Wednesday, December 3, 2003
Page 2 of 7 Pages
Commissioner Luke pointed out that just because a parcel is zoned F-1, it
doesn't mean it is covered by trees. Mr. Blake replied that in this case it is
mostly sagebrush with a few juniper trees.
Commissioner Daly asked if all types of firearms would use the facility. Mr.
Blake said that it would be mostly shotguns, but they are considering a small
indoor facility for handgun practice. This needs more research, as the EPA has
very strict requirements in this regard.
Eileen Obermiller of OTAK, Inc. then spoke. She said that in regard to the
grandfather clause, she followed up with the DLCD, which indicated that forest
lands are open to new firearms facilities.
She went on to explain how she feels the issue would be addressed under
current code and ordinances. The application would be brought to a public
hearing in regard to a site plan review and conditional use in a forest zone. The
issues of setbacks, compatibility, noise, traffic and safety would be addressed.
Commissioner Luke stated that he thinks Commissioner DeWolf wanted to be
sure that the neighbors could comment and their concerns would be properly
addressed.
Ms. Obermiller indicated that they are prepared to do a very public process.
They are working with ODOT in regard to traffic impacts.
Mr. Blake added that the members plan to meet with the neighbors face-to-face
prior to submittal to make sure there aren't any surprises.
Ray Rose, the Secretary of the Trap Club, stated that the Club is in favor of the
text amendment and would like an opportunity to relocate outside of the city
limits. The Club is owned by its members, which total about 200 at this time.
Lynn Bettelyoun said that the attendance at various shoots could vary from 70
to 150. There are other events that could have 500 or more participants that
could be handled at a larger site. This presents an economic benefit to the
County. The proposed site is 240 acres
Ms. Obermiller added that they are looking at 100 parking spaces on average,
and other events that would require overflow parking. Camping is permitted as
a conditional use, and they're examining that as well. The Bend Trap Club
follows national standards for safety, but has set higher standards of its own as
well.
Minutes of Board of Commissioners' Meeting Wednesday, December 3, 2003
Page 3 of 7 Pages
Jack Blum commented that although they aren't members of the Club, he and his
wife are supportive of the relocation of the Trap Club.
No other testimony was offered at this time.
After a brief discussion, it was decided that the hearing would be continued to
the Board meeting of December 17, at which time additional testimony could be
taken. Commissioner Luke added that this issue may also be discussed at a
work session prior to that date.
4. Before the Board was a Public Hearing and Consideration of Signature of
Resolution No. 2003-133, Adopting an Annual Update to the
Transportation and Parks SDC Rate Charged to New Development within
the Redmond Urban Growth Boundary (Outside the City Limits).
Laurie Craghead stated that ORS 194 requires a public hearing if the issue
relates to finance purposes. She asked that it be continued to Wednesday,
December 10.
Commissioner Luke opened the public hearing.
Being no testimony offered, Commissioner Luke continued the public hearing
until December 10, 10 a.m.
5. Before the Board was Consideration of Signature of Document No. 2003-518,
an Indemnity Agreement between Deschutes County and the La Pine
Chamber of Commerce for the Truckers' Light Parade (December 6).
DALY: Move approval.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
6. Before the Board was Consideration of Signature of Document No. 2003-
519, an Amendment to an Exchange Agreement between Deschutes County
and Central Oregon Irrigation District regarding Several Properties.
Minutes of Board of Commissioners' Meeting Wednesday, December 3, 2003
Page 4 of 7 Pages
Tammy Credicott said this is the final documentation completing the ongoing
exchange agreement involving Cline Falls, Deschutes Junction and other
properties. This completes the exchange.
DALY: Move approval.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
Before the Board was Consideration of Approval of the Consent Agenda.
7. Signature of Document No. 2003-517, a Quitclaim Deed Removing an
Easement from the Property of Todd Alexander.
DALY: Move approval.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
8. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District in the Amount of
$53,152.07.
DALY: Move approval, subject to review.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
Mike Maier pointed out that the current interim director of 9-1-1, Dave Malkin,
submitted his resignation to the 9-1-1 Executive Board. An interim director,
Gary Schrader, has been brought on board while a national recruitment for a
new director is conducted. Personnel is doing a salary review as well to
determine if a salary adjustment should be made. The recruitment process
could take three or four months. Mr. Malkin will still be assisting with 9-1-1
union negotiations, and will be available to help Mr. Schrader as needed.
Minutes of Board of Commissioners' Meeting Wednesday, December 3, 2003
Page 5 of 7 Pages
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
9. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-11 County Service District in the
Amount of $451.70.
DALY: Move approval, subject to review.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
10. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County in the Amount of $232,890.51.
DALY: Move approval, subject to review.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
11. Before the Board were Additions to the Agenda.
None was offered.
Being no further items brought before the Board, the meeting adjourned at
10:55 a.m.
Minutes of Board of Commissioners' Meeting Wednesday, December 3, 2003
Page 6 of 7 Pages
DATED this 3rd Day of December 2003 for the Deschutes County Board
of Commissioners.
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Dennis R. Luke, air
Tom DeWolf, Commissioner
ATTEST: 'MkhaeYM. Daly, C)immissioner
Recording Secretary
Attachments
Exhibit A: Sign -in sheet for today's discussion regarding Ordinance No. 2003-038
Exhibit B: Written comments submitted by Gary Blake in regard to Ordinance
No. 2003-038
Minutes of Board of Commissioners' Meeting Wednesday, December 3, 2003
Page 7 of 7 Pages
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INTRO: Gary
Thank you for our consideration of a Text Amendment allowing a Firearms Training
Facility in t -1 and F-2 Zones. Approval of this text amendment will allow the Bend
Trap Club o relocate to a more desirable site than their present location on Brosterhous
Road in Bend.
1. Historic U The Bend Trap Club has provided a safe location for trap shooters
since at the Brosterhous location. With the rapid growth of the City of
Bend, the Trap Club is being forced out of its location due to urbanization.
Relocating the Trap Club in a Forest zone will allow a site where urbanization
will not encroach. The Trap Club has diligently searched for such a site for the
last five years. A Forest zone location will allow the Trap Club to move away
from its urban location to a more appropriate rural setting.
2. Public Need. There is a demonstrated public need for a firearms training facility
that is open to the public. Trap shooting allows shooters to hone their skills,
thereby becoming safer shooters and hunters. Additionally there are over 4,600
concealed weapons permits now active in Deschutes County. A firearms training
facility will provide an environment for helping to assure that applicants for these
permits receive adequate training before they are issued a permit, or a permit is
renewed. Thus it will provide support to local law enforcement agencies.
3. Recreational Needs. Recreation is an important aspect of the F-1 and F-2 zones.
A firearms training facility and trap shooting are excellent examples of
recreational uses that are appropriate in the F-1 and F-2 zones. Recreational
shooting is allowed on public lands in Deschutes County, but adoption of the Text
Amendment will provide a more controlled environment, with higher safety
standards
4. Economic Benefit. This type of activity will attract more of the type of vacation
and recreation visitors Deschutes County is known for, thus helping to contribute
to a growing, vibrant economy. For example, the Trap Club has been asked to
host the Grand Pacific Shoot a week-long regional event which would bring over
$500,000 in tourist dollars to the county during the week. This would not be
possible at the existing facility, but a new facility in the Forest Zone would allow
this event and other local and regional events to play an important role in
Deschutes County's economic growth.
5. Conformance with OAR. Currently a firearms training facility is an allowable use
in the F-1 and F-2 zones. It appears that this use was inadvertently omitted when
the Deschutes County ordinance was adopted.
Exhibit
Page / of Z
6. Emergency Adoption. We are also requesting emergency adoption. This will
allow the Trap Club to submit its application and have a public hearing for a
Conditional Use Permit in a timely manner. On approval, the club could begin
construction and hold events in 2004.
Thank you for your consideration of the text amendment. We believe there is broad
community support for this amendment, and the trap club's relocation. We know that the
trap club wants to create a first-class facility that is sensitive to its neighbors, and to the
environment. From working closely with them, we are convinced that the trap club can
create a facility we would all be proud to have in Deschutes County.
Eileen Obermiller will address key points that we have spent months researching in order
to ensure that the facility is built to the highest standards of health, safety, aesthetics and
environmental impacts. These issues will be dealt with in depth in the Burden of Proof
for the Conditional Use Application.
Eileen:
1. Sound
2. National Safety Standards
a. Ray — outdoor facility and standards — trap facility design
b. Gary has met with Sheriff Stiles to review discuss indoor facilities and
EPA standards.
3. Indoor and Outdoor facilities
4. Traffic — ODOT approval — turn lane, and deceleration lane — traffic control
5. Setbacks
6. Buffers and landscaping
7. Hours of Operation and Schedules
8. Wildlife Issues — developed portion of site is less than 10% of parcel the trap club
is planning to develop
9. Road Surfacing
10. Lighting
11. Neighborhood compatibility
Eileen: Close ask again for Emergency Adoption (more timeline detail?). Remind that
adoption doesn't guarantee approval of CUP, only allows trap club the opportunity to
submit application and go through land use process. Thank you for consideration...
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Exhibit
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