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44-479-Minutes for Meeting October 27,1982 Recorded 11/15/1982 DESCHUTES COUNTY BOARD OF COMMISSIONERS ITV 1'982 PALS P OCTOBER 27, 1982 - REGULAR MEETING ROSEMARY PESC pATTERSON COUNT Chairman Shepard called the meeting to order at 10:00 A.M. ssioner Paulson and Commissioner Young were also present. Discussion re-Chairman Shepard stated that the Board had received a garding Vand- letter of resignation from the members of the Vandervert ervert Acres Acres Special Road district dated October 13, 1982. They Special Road had also submitted a list of persons residing in the District district who were interested in serving on the Board of Directors. Scott Freshwaters came forward and stated that he would like to be on the Board for the District. He works for the County Road Department. He stated that he knows about road building and has done research on the laws governing the road district board. MOTION: PAULSON moved to accept the resignations. YOUNG: Second. Commissioner Young stated that he was prepared to make a motion for appointments. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Gordon Smith stated that he was interested in serving on the district's board for the same reasons that Mr. Freshwater had given. Deanna Freshwater stated that Mr. Smith had one of the longest residencies in the area. She asked that when the Commissioner's make a decision on who will be appointed, that they check meeting attendance. Carolyn Wood stated that at a lot of the district's board meetings, they needed to have one of the Commissioners there. She felt that there was a lot of opposition between the subdivisions involved which was causing the problems. Chairman Shepard responded that the Commissioners' only authority is to appoint the board members, and they are not to sort out the internal issues. were Scott Freshwater and Gordon Scotte were resent. Only Paulson present. present. MOTION: YOUNG moved that Gordon Scott (term ending Dec. 31, 1984), Scott Freshwater (term ending Dec. 31, 1983), and Brian Christie (term ending Dec. 31, 1982) be appointed to serve as Board of Directors to the Vandervert Acres Special Road District. PAULSON: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. It was noted that Mr. Christie had expressed an interest in serving on the board. Page 1 of 5 Deschutes County Board of Commissioners VOL 44 FA CE October 27, A 1982 - Regular Meeting Discussion in Dennis Karnopp, attorney representing Eugene and Sally regard to Wagner, had placed this on the agenda. He had given Mobile Home the Board several documents explaining the problem as Ordinance well as a map of the property involved. He stated that the property was developed for a horse business. There is currently a stick built home on the property, but the Wagner's would like to build themselves a new house and use the old house as a residence for a farm hand. The current zoning ordinance prohibits this, but does allow a mobile home to be used for housing for farm help. They are requesting that the Board consider an amendment to the ordinance that would allow for stick built homes as well as mobile homes to be used for housing for farm help. John Andersen, Planning Director, stated that they spec- fically had limited the ordinance to mobile homes while preparing the plan. They had decided at that time not to allow stick built homes for farm help because that would allow the opportunity for someone to get around the ordinance by building a stick built home stating that it was for farm help, but later renting it out. He had directed Mr. Karnopp to bring this before the Planning Commission, who's decision was that they did not want to alter the current ordinance. It was the feeling of the Planning Commission that even if there was some merit to changing the interpretation of the ordinance, this situation did not warrant it. He recom- mendo& that the Board support the Planning Commission's recommendation. Dick Wright, member of the Planning Commission, stated that this concerned a fairly large home and they felt that this was the principle residence on the property and if they permit the building of another home what they are essentially doing is beginning to subdivide. He stated that the concern of the Planning Commission was that this may begin a precedent county-wide. Mr. Karnopp stated that the ordinance clearly permits uses that is a farm use, and that this is clearly a farm use. There was some further discussion among the Board. MOTION: PAULSON moved that the Board's interpretation of the existing Ordinance PL-15, Section 4.040, 2. (D), refers to primary dwellings, under section 3.(D) refers to secondary existing dwellings and does not as currently drafted allow for stick built dwellings. The interpretation is as recommended by the Plan- ning Commission. SHEPARD: Second. Mr. Karnopp asked that a possible amendment to the ordinance be initiated. He suggested that this could be limited to existing dwellings with the addition of one stick built house with approval to be considered on an individual Page 2 of 5 Deschutes County Board of Commissioners October 27, 1982 - Regular Meeting V011L A-4 basis. Chairman Shepard stated that such an amendment would have to be worded carefully to make sure that the concerns that Mr. Wright brought up would be avoided. Commissioner Young suggested making it a conditional use. Commissioner Paulson asked Mr. Andersen how long it would take to prepare this amendment. He responded that it would be several months because it would have to go to LCDC. Commissioner Young stated that he did not agree with the interpretation of the ordinance as the motion stated it. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: NO. MOTION: PAULSON moved to direct the Planning Staff to draft an amendment to Ordinance PL-15 to Section 4.040 (3) which would make a conditional use possible for stick built houses currently existing on the property would be considered as secondary dwellings. This would consider all the agricultural zones. YOUNG: Second. It was noted that the amendment should indicate very clearly that this was only for farm help. There should be remedies if someone doesn't continue to use the dwelling for farm purposes. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Request for Before the Board was a refund request from the Planning Refuhd department for Harland Grey in the amount of $40. The yr Board approved the request. Discussion re-George Read, Planning Department, explained that this garding Sun- was a work session for the Master Plan and adoption of river Master findings. He then outlined the changes made in the previous Plan and work session. He also noted those changes made by the Amendment to Planning Commission. They had since received a document PL-15 from Sunriver Properties, Inc., outlining some further changes they would like to have added. He stated that these changes were not substantive, but for clarification. He outlined these changes individually. These were dis- cussed. There was some further discussion in regard to a portion of the master plan map marked open space that had been discussed as being community property. There was some discussion in regard to this. Page 3 of 5 Deschutes County Board of Commissioners VOL F October 27, 1982 - Regular Meeting MOTION: PAULSON moved that the Section 4.240 F. 1. (e.) of PL-15 be added "open space" and that the Master Plan for CP-8 identified as "open space" and CP-9. YOUNG: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Mr. Read then went through some changes that should be made to correct staff and clerical errors. He noted in particular a sentence saying that the left turn lane should be provided by Deschutes County. The developer had added this because this was a county road. Neil Hudson, Director of Public Works, stated that the road department generally doesn't make road improvements that enhance private developments; most developers pay for the cost of the road improvements required. MOTION: SHEPARD moved that this be removed. PAULSON: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Commissioner Paulson suggested that the language reflect that a left turn lane should be put in. With regard to the Findings, Mr. Read asked that these be rechecked and put up for adoption in a week. They went through the changes in the findings individually. This will again be considered by the Board on November 3. Paul Speck, attorney representing Stan Ochs, stated that something should be put in the Plan that gives a defin- ition of a Planned Community. He felt that the goals and guidelines should be addressed with a planned community just as it must be with any other municipality. He stated that this is an issue he will be raising. There was some further discussion in regard to this. Power Service Neil Hudson, Director of Public Works, briefly explained Agreement for this to the Board, showing the a map which indicated the Demoli-<; where the power line would go. The cost will be $1407 tion Landfill and Bend Metro Parks and Rec will pay the remainder of the cost. The total cost will be $3954. This will be paid from the Solid Waste budget. MOTION: PAULSON moved to approve the agreement. YOUNG: Second. It was noted that this was to be signed by the Chairman. VOTE: SHEPARD: AYE. YOUNG: AYE. PAULSON: AYE. Page 4 of 5 Deschutes County Board of Commissioners VOL 44 wf 481, v October 27, 1982 - Regular Meeting Deeds for MOTION: YOUNG moved to execute the deeds for Bend Bend Metro Metro Parks and Recreation. Parks & Rec PAULSON: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Application Before the Board was an application for a business license for Business as a wrecker of motor vehicles or salvage pool operator. License This was for Tom's Garage in LaPine. MOTION: YOUNG moved to approve the appli cation for Tom's Garage and Auto Wrecking. PAULSON: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Being no further business, Chairman Shepard adjourned the meeting. DESCHUTES COUNTY WARD OF COMMISSIONERS CLAY.,G4,--SHEP . YOUNG OMMIS OBERT C. PAULSON, JR., ~SSIONER /ss Page 5 of 5