2005-709-Minutes for Meeting April 05,2005 Recorded 5/16/2005COUNTY
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COMMISSIONERS' JOURNAL 05/16/2005 02;50;04 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.orQ
MINUTES OF PUBLIC HEARING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
TUESDAY, APRIL 5, 2005
Commissioners' Meeting Room - Administration Building - 1130 NW Harriman St., Bend
Present were Commissioners Tom De Wolf and Michael M. Daly. Commissioner
Dennis R. Luke was out of the office. Also present were Laurie Craghead, Legal
Counsel; Kevin Harrison and Cathy White, Community Development Department;
Nancy Craven, Attorney for the applicants; and three other citizens. No
representatives of the media were present.
The purpose of the meeting was to conduct a public hearing 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 1: 35 p.m.
Chair DeWolf read the opening statement (a copy is attached as Exhibit A).
No Commissioners expressed bias, personal interest or prejudgment on this issue,
and there were no challenges as to bias, personal interest or prejudgment from the
public.
Cathy White summarized the issue for the Board and the audience. She said one
letter was received from the Oregon Health Division regarding the water supply,
asking that no building permits be issued until they address that issue. However,
the text amendment is a separate issue.
No one else has come forward after receiving appropriate mailings and notices.
Some agency comments had been received earlier. It could be that people feel it is
just related to the Hap Taylor Company site, although the mailings were clear that
it involves more properties than those.
Work Session regarding Tumalo Rural Community Zoning District - Industrial District
Tuesday, April 5, 2005 Page I of 3 Pages
At this time Chair DeWolf opened the public hearing.
Nancy Craven said this only applies to a text amendment to the TuR (Tumalo
Residential) district, but could eventually apply to the industrial area. The text
amendment has been worked through by the Planning Commission and staff, and
applies for a range of uses in the TuR that predate this application. This change
would allow for a zone change to industrial; the zone change has been filed and
will continue after this process is completed.
Todd Taylor, President of Hap Taylor & Sons, then spoke. He said the process
started over three years ago and he is fairly frustrated with how long it is taking.
He wants to resolve the issue so their operation can be in compliance. They are
still working out of a partially burned shop because this process needs to be
completed before they can build a new shop. Part of the process was moving a
portion of O.B. Riley Road to alleviate a bad intersection, and there was a small
section left out of the project that had to be corrected.
He stated that public comment has been limited, but in the past there have been
occasional complaints about the dust and other byproducts of operations. They
have worked hard with the neighbors to address those problems, and input from the
local people has been positive during the past couple of years.
Cathy White stated that a text amendment would require the comprehensive plan to
change as well. The plan amendment would have to be adopted first, followed by
the text amendment. That would make the text amendment consistent with the
plan. They can be done basically at the same time, one after the other.
Chair DeWolf asked about the time frame involved. Ms. White said the comp plan
work hasn't been done yet, but that she could probably get to it in a few weeks.
Chair DeWolf asked if an emergency clause should be incorporated, and Ms.
Craghead stated it could.
Chair DeWolf directed that staff complete the work on the comprehensive plan
changes and text amendment and present them for Board approval, by emergency,
as part of the Board's April 25 work session agenda. Documents need to be ready
for the Board packets by April 21.
Work Session regarding Tumalo Rural Community Zoning District - Industrial District
Tuesday, April 5, 2005 Page 2 of 3 Pages
Being no further testimony given, Chair DeWolf adjourned the hearing at
1: SS p.m.
DATED this 5th Day of April 2005 for the Deschutes County Board of
Commissioners.
W4
Tom DeWolf, Chair
Ichael aly, mmissioner
ATTEST:
Dennis R. Luke, Commissioner
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Recording Secretary
Attachment
Exhibit A: Preliminary statement
I~ 5- Work Session regarding Tumalo Rural Community Zoning District - Industrial District
, 2005 Page 3 of 3 Pages
PRELIMINARY STATEMENT
FOR A LEGISLATIVE PUBLIC HEARING BEFORE THE DESCHUTES
COUNTY BOARD OF COMMISSIONERS
This is a public hearing on a proposed text amendment to the Deschutes County
Zoning Ordinance, Title 18 of the Deschutes County Code. This is County File
Number TA-04-7. This is a legislative matter, meaning the outcome of this process
could change the Tumalo Rural Community Zoning Districts by adding an
Industrial District that will have its own set of allowed uses and district
regulations.
The Commissioners will hear oral testimony, receive written testimony, and consider
the testimony submitted at this hearing. The hearing is also being taped. The
Commissioners may make a decision on this matter today, continue the public hearing
to a date certain, or leave the written record open for a specified period of time.
The hearing will be conducted in the following order. The staff will give a report on this
issue. We will then open the hearing to all present and ask people to present
testimony at one of the tables. You can also provide us with a copy of your written
testimony.
Questions to and from the Chair may be entertained at any time at the chair's
discretion. Cross-examination of people testifying will not be allowed. However, if any
person wishes to ask a question of another person during that person's testimony,
please direct your question to the Chair after being recognized. The Chair is free to
decide whether or not to ask such questions of the person testifying.
Prior to the commencement of the hearing any party may challenge the qualifications
of any the Commissioners for bias, prejudgment or personal interest. This challenge
must be documented with specific reasons supported by facts.
Should any Commissioner be challenged, the Commissioner may disqualify himself,
withdraw from the hearing, or make a statement on the record of their capacity to hear
and decide this issue.
At this time, do any Commissioners need to set forth any information that may be
perceived as bias, prejudgment, or personal interest?
I will accept any challenges from the public now.
(Hearing none, I will open the public hearing). STAFF REPORT
Preliminary Statement - TA-04-7