2005-708-Minutes for Meeting March 31,2005 Recorded 5/16/2005DESCHUTES COUNTY OFFICIAL RECORDS Vd ~UO~~loY~
NANCY BLANKENSHIP, COUNTY CLERK yJ U
COMMISSIONERS' JOURNAL O5~16IZ0O5 0Z;5O;O4 PM
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DESCHUTES COUNTY CLERK
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Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
MINUTES OF PUBLIC MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
THURSDAY, MARCH 31, 2005
Commissioners' Meeting Room - Administration Building - 1130 NW Harriman St., Bend
Present were Commissioners Dennis R. Luke, Tom De Wolf and Michael M. Daly.
Also present were Laurie Craghead, Legal Counsel; Kevin Harrison and Cathy
White, Community Development Department; and Nancy Craven, Attorney for Hap
Taylor & Sons. No representatives of the media or other citizens were present.
The purpose of the meeting was to conduct a work session regarding a proposed
text amendment to add an Industrial District to the Tumalo Rural Community
Zoning District. The applicant is Hap Taylor & Sons, Inc.
Chair Tom De Wolf opened the meeting at 2: 00 p. m.
Cathy White gave a brief overview of the issue, referring to oversized maps of the
subject area. The history behind the issue is a realignment of O.B. Riley Road that
occurred in 2001; in exchange for a piece of land given to the County to
accommodate the road alignment, Hap Taylor & Sons was granted land that added
to their property.
Mining in a portion of the property has not been conducted for some time; they are
instead using the land for storage and assembling equipment and supplies. The
land granted to them through the realignment project is zoned residential, which
makes it difficult for the property to be used for industrial.
To implement an industrial use, the applicants will need to apply to the County for
a zone change. Any property in the new district could do the same.
Ms. White indicated that to create a zone, the zone itself needs to already be on the
books.
Work Session regarding Tumalo Rural Community Zoning District - Industrial District
Thursday, March 31, 2005 Page 1 of 3 Pages
Laurie Craghead said there is a difference between the zone and the map. Cathy
White stated that the Board has to make a policy decision as to whether it is
appropriate for this district to be put into place.
Kevin Harrison stated there have been a number of public meetings with the
citizens of Tumalo regarding this issue. The use of the site has changed over time,
and there has been little interest in this specific process. Cathy White believes the
general thought is that this is a fix for Hap Taylor's business location, but the
reality is that other local owners would also be included.
Ms. Craghead said some comprehensive plan issues would have to be addressed,
and a few plan map amendments also would be necessary.
Nancy Craven then pointed out the property on a map, showing the adjustments
made by the road alignment.
Commissioner DeWolf asked what the size of the property is; he wondered if a
minimum lot size could be indicated. Mr. Harrison said that first you would create
the potential so that it could be applied. That person then would come in and ask
for a zone change. A public policy decision could be made for that property based
on a number of criteria. Certain uses have their own requirements, so lot size
could preclude some uses. The first thing to address is the policy question as to
whether the district itself is appropriate for Tumalo.
Ms. White stated the Planning Commission approved the text amendment in
December 2004. Commissioner Luke said that taking any sites off is very
complicated. He asked if there is any potential for mining at the site. Mr. Harrison
stated that the surface mining zone request would have to be instigated by the
property owner.
Ms. Craghead said there is an appeal on the site plan for a shop building on the
surface mining portion, but it does not conflict with this issue. Much of the land is
used to stockpile material and store equipment.
Commissioner Daly stated that he thinks the site has been mined out for years
anyway.
Ms. White explained that she has heard nothing from people in the area. If
approved, the surface mining area would stay the same but other properties may
have an opportunity to attempt additional uses under the new district. Hap Taylor
and Sons will definitely be coming in for a zone change.
Work Session regarding Tumalo Rural Community Zoning District - Industrial District
Thursday, March 31, 2005 Page 2 of 3 Pages
Ms. Craghead stated that a comp plan change needs to be noticed; changes to Title
23 were not noticed. Technically 45 days' notice needs to be provided to DLCD.
It is a procedural error, and someone would have to indicate they were harmed by
this for it to make a difference.
Commissioner Luke had a question about the wording regarding the use of labor.
Ms. Craghead stated that the use is supposed to service that community and
employ its people.
Ms. Craghead added that the changes to Title 23 need to be adopted first; the
Board would adopt the recommendations of the Planning Commission, with
whatever changes area indicated.
Being no further discussion, Chair De Wolf adjourned the meeting at 3:05 p.m.
DATED this 31St Day of March 2005 for the Deschutes County Board of
Commissioners.
Tom DeWolf, 1r
y, Y-ommissioner
ATTEST:
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Recording Secretary
is R. Luke, Commissioner
Work Session regarding Tumalo Rural Community Zoning District - Industrial District
Thursday, March 31, 2005 Page 3 of 3 Pages