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44-89-Minutes for Meeting September 01,1982 Recorded 9/30/1982VOL `"PQC;F F^rw r DESCHUTES COUNTY BOARD OF COMMISSIONERS SEPTEMBER 1, 1982 COURTDAY MEETING SFp 3 0 1,98,? Chairman Shepard called the meeting to order at 10:00 a. MESCU .ssioner Paulson and Commissioner Young were also present. CHUTE PATTERS Amendments to The agenda was amended to include a resolution for ~UNTy CI k the Agenda signature. The resolution was in the matter of declaring surplus county property for auction. Public Hearing Craig Smith, Planning Department, noted that this was also Regarding an amendment to the Zoning Ordinance PL-11. Mr. Smith Amendment to explained that this would add language to the plan in regard Bend Urban to destination resorts and the criteria for allowing them. Area General He stated that it had been sent to LCDC and the 45- Plan, Des- day waiting period has expired. He stated that the tination Re- ordinance is currently in the process of being completed sorts but is not yet finished. This hearing had been previously scheduled. At this time Chairman Shepard opened the hearing. Jeff Tross, land use planning consultant from Salem, was present to testify. He handed the Board members a letter and explained that he had been retained by the Real Estate Loan Fund of Oregon who is interested in the possibility of developing a destination resort in Bend. He stated that this would allow land zoned UAR to be considered for this use, and he is very much in _favor of the proposed ordinance. He urged the Board to adopt it. Chairman Shepard called for further comments. Hearing none,,he closed the hearing. Mr. Smith stated that the Urban Area Planning Commission held a hearing on July 6 on this ordinance and did recommend that the Board adopt it. MOTION: PAULSON moved that the Board approve the changes as recommended. YOUNG: Second. It was noted that the motion referred to changes as recommend by the Planning Commission. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Public Hearing George Read, Planning Department, was the Planning Regarding Zone staff representative for this hearing. He addressed Change from some of the items contained in the appeal. He stated EFU-40 to MUA- that one of the contentions within the appeal filed 10, Donald by Mr. Morris was`that 'the only reason the Hearings Morris Officer did not approve the application was because of the soils classification. Mr. Morris had provided information on May 5, after the date of the Hearings Officer's decision, which indicated that the subject property was approximately 75% Class 7 soils. Mr. Page 1 of 6 Deschutes County Board of Commissioners September 1, 1982 - Courtday Meeting Morris also states that the Planning Department erred in providing incorrect information in the staff report. Mr. Read stated that at that time the Planning Department had not been provided with that information, and when it later became available the information was provided to the Planning Commission, as was all the information in the file. Mr. Morris also contends that the Planning Department has been inconsistent in their application of PL-15 because they have approved other projects in the area. Mr. Read responded that the only subdiv- isions or partitions in the area occurred before the approval of the new comp plan and zoning ordinance. He stated that there had been no zone changes to MUA within several miles of the area since implementation of the new plan. Mr. Morris also contends that the staff erred in stating that it was about two miles to the nearest county road access. Mr. Read stated that any map indicates that the nearest county road is at least 12 to 2 miles as the crow flies. At this time Chairman Shepard opened the hearing. Donald Morris came forward to testify. He stated that the information that the staff had used in preparing the staff report on soils classification was taken from Soil Conservation Service maps of land located 2 mile from his because his property was not on the SCS map. He stated that several times prior to purchasing this property he had come into the Planning Department and had been assured that he would have no trouble obtaining a zone change. He then discussed the issue of soil types further, stating that he had received information that if there was no irrigation water on his property it could not be considered any better than class 7 soil. His land does not have any irrigation water. rights. He stated that after giving this soil information to the Hearings Officer, the Hearings Officer had told him that this was very substantial evidence and had also spoken with a representative of the Planning Department who indicated that this may change their stand on this application. He stated that it would be inappropriate to consider this property agricultural, since it would require 30 acres to support one livestock unit. He then stated that the Hearings Officer informed him that he would be willing to reconsider his decision if Mr. Morris provided him with information from a'soil scientist indicating that this was class 7 soil. He then requested this information from SCS but was advised that as a public body, they were not in a position to write letters of this nature. Ht finally did obtain information indicating the soil was class 7 soil, but submitted it after Hearings Officer had sent out his decision, which meant that it was beyond the point that the Hearings Officer could reconsider it. Page 2 of 6 Deschutes County Board of Commissioners September 1, 1982 - Courtday Meeting VOL - 44PAGE it" He then stated that there was a nearby subdivision and there was a road going through his property. He also stated that there was a BLM road that extends to within k mile of his property. He stated that it is the contention of the Planning Department that because of nearby public land, the subdivision will have an adverse impact, but recently William Prewitt had been granted a subdivision and because his land abutted public land, it was stated that it would not have a great impact. He said that he has invested all his life's earnings into this property and had received numerous assurances that this would go through. He stated that if this is not approved he will be facing bankruptcy. He then stated that the Planning Department has an obligation to stick by their word. He also stated that he felt there had been a miscarriage of justice and that the law was not being equally administered. Gary Hickman then came forward to testify. He stated that he owns ten acres located about 4 mile from Mr. Morris's property. He stated that he has lived out there for about seven years. He stated that the agricul- tural zoning really makes no sense because the land could not be productive because there is no water, and the ground is quite dry. He said that the only problem he sees with this development is access. He throught that the road distance may be a little longer than Mr. Morris had stated. Being; no further comments, Chairman Shepard closed the hearing. There was some further discussion by the Board in relation to the criteria to be met for approval. There was some further discussion in re- gard to the amount of subdivision lots available in the area. Mr. Read stated that the primary reason the Planning Commission turned it down was not the soil classification, but the remoteness of the property and the problem of access through BLM land to get to it. Mr. Read asked that he be allowed to comment as allowed by PL-9. The Commissioners were not aware of such a provision so did not grant the request. There was some further discussion in regard to when their decision should be announced. It was decided to do this at the end of this meeting after recessing to review the record. Hearing re- Neil Hudson, Director of Public Works, stated that garding Klip- this was a result of having to go through the remon- ple Acres LID strance period again because all of the bids came in above the Engineer's estimate. He stated that this is a total of 21 lots with a equal assessment so it will take 11 lots to remonstrate. At this time, Page 3 of 6 i Deschutes County Board of Commissioners September 1, 1982 - Courtday Meeting :t they have received a total of 4 remonstrances. He also mentioned that because of Measure 3, they may eventually have some funding problems. Chairman Shepard opened the public hearing. Jerry Fulop came forward to testify. He stated that he would like to remonstrate against this and stated that he owns tax lot 4100 in township 17, range 11, section 13 and the address is 63220 Stack Drive. There were no further comments. Chairman Shepard closed the hearing. It was stated that if Measure 3 passes the County will have to finance the bonds which the County cannot afford to do. Commissioner Paulson stated that until he knows the outcome of Measure 3 he would not be in favor of the formation of any LID. Mr. Hudson stated that the contract must be awarded by the 8th of this month if they approve the LID. MOTION: PAULSON moved that the Board deny the Klipple Acres LID approval. YOUNG: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Mr. Isham stated that they must wait one year before they can initiate another petition to begin this LID. OLCC License Before the Board was an OLCC Liquor License renewal Renewals application for the Alfalfa Store. MOTION: YOUNG moved to approve the application pending evidence of the filing fee having been paid to the Clerk. PAULSON: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. MP-82-16, Lin Bernhardt, Planning Department, stated that the R.D. Remund applicant has met all the conditions of approval, but there had been some discussion as to whether this should be a subdivision or partition. They allowed this to go through as a partition, but if any further division of the property occurs, it will have to be done through subdividing. MOTION: YOUNG moved to approve MP-82-16. PAULSON: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Page 4 of 6 Deschutes County Board of Commissioners September 1, 1982 - Courtday Meeting Resolution 82- MOTION: YOUNG moved to approve Resolution 82-050. 050, Declaring PAULSON: Second. Surplus Prop- VOTE: SHEPARD: AYE. erty for the PAULSON: AYE. County Auction YOUNG: AYE. At this time the Board recessed for one hour-- to review the file on the Morris appeal. After that time, Chairman Shepard reconvened the meeting at 12:15 p.m. Chairman Shepard called for comments from Craig Smith, Planning Department. Mr. Smith indicated that since he had not been present at the hearing, he was not prepared to comment at this time. He stated that Mr. Read had wanted to comment but is not available at this time. Commissioner Paulson stated that in his view the application does not meet all the cond- tions of approval, namely condition #1 and condition #2, but it does meet condition #3 in regard to soil classification. Under the ordinance, four of the seven conditions must be met in order to grant approval. MOTION: PAULSON moved that the appeal be denied. SHEPARD: Second. Chairman Shepard stated that he is not convinced that this use would interfere with the use of the BLM property as stated in a letter from BLM. It was noted that the land owned by Mr. Morris is not fenced, which may create interference with the grazing use on the BLM land. Commissioner Young stated that this land is of no value except as homesites, and so should be allowed the zone change. There was much further discussion in regard to the potential impact of the zone change on surrounding agricultural use. Chairman Shepard stated that he did not feel that this use would interfere with the existing agricultural use, and that there is no underground water source, so it is not feasible that this could be utilized as agricultural land. VOTE: SHEPARD: NO. PAULSON: AYE. YOUNG: NO. MOTION: YOUNG moved that the zone change be allowed and the appropriate findings of fact be pre- sented to support it and that four of the requirements have been adhered to and therfore the zone change should be allowed. Based on the oral findings as presented the zone change will be approved as presented. SHEPARD: Second. VOTE: SHEPARD: AYE. PAULSON: NO. YOUNG: AYE. It was noted that the appeal period to LUBA is 30 days. Page 5 of 6 r Deschutes County Board of Commissioners VOL 4PAtE September 1, 1982 - Courtday Meeting Being no further business at this time, Chairman Shepard adjourned the meeting. DESCHUTES,7COUNTY BO&RD OF COMMISSIONERS CLAY' C . S PIMY,'vRMAN \ ~ J ROBERT C. PAULSON, JR., COMM ONE AL T A. YOUNG,, COMMIZ91ONER /ss Page 6 of 6