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2006-78-Minutes for Meeting January 17,2006 Recorded 1/24/2006DESCHUTES COUNTY OFFICIAL RECORDS CJ ~dnC~7p NANCY BLANKENSHIP, COUNTY CLERK CJ VV 078 COMMISSIONERS' JOURNAL 41/24/1006 03.37.07 PM IIIIIIIII IIIIIIIIIIIIIIII III 2008-78 DESCHUTES COUNTY CLERK CERTIFICATE PAGE 3 F This page must be included if document is re-recorded. Do Not remove from original document. Vk0-TE 8,CN 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 SPECIAL WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS TUESDAY, JANUARY 17, 2006 Commissioners' Conference Room - Administration Building - 1300 NW Wall St..., Bend Present were Commissioners Michael M. Daly, Bev Clarno and Dennis R. Luke. Also present were Mark Pilliod and Laurie Craghead, Legal Counsel; Catherine Morrow, Kevin Harrison and Devin Hearing, Community Development; and one other citizen. No representatives of the media were present. The purpose of the work session was to address questions and concerns of the Commissioners regarding the Thornburgh Destination Resort appeal. The meeting began at 8:30 a. m. Commissioner Luke asked for clarification regarding the statement in the applicant's final argument regarding "continued opportunity for public participation". He wondered if the Board would continue to be involved. Kevin Harrison replied that if the conceptual master plan is approved, staff could likely make decisions regarding the final master plan unless it is substantially different in some aspect. Public notice will be provided as required. Anyone could submit comments or appeal the final master plan. Commissioner Luke asked why overnight lodging was not detailed more specifically in the conceptual master plan. Catherine Morrow said that it is covered in both plans; the final master plan will contain more specific information. Some of this information was submitted earlier but because of the Hearings Officer's denial, additional documents were not provided. These will be reviewed in the final master plan process. Minutes of Thornburgh Work Session Tuesday, January 17, 2006 Page 1 of 4 Pages Regarding offsite road improvements, Commissioner Luke asked for clarification of road improvements, especially relating to a secondary access. Ms. Morrow replied that this was a condition in the approval of Pronghorn and Eagle Crest, and BLM permits will be required during the final master plan process. This will include a NEPA process as well. Devin Hearing added that it also needs to be determined if the existing roads are adequate. Commissioner Luke asked about water credits and mitigation, and whether this decision should be made at this time. Laurie Craghead said the Hearings Officer's decision was interpreted differently by the applicant. Commissioner Luke stated that he would like to see that it is practical to get the needed water rights, but does not feel this needs to be in hand until it is needed. Ms. Morrow added that proposed condition #I I says that the water credits would be needed at the time of the tentative plat for each phase, along with an update of the water plan. They need to be able to demonstrate that it is feasible. Commissioner Clarno concurred that feasibility is the important point; but that the water right does not necessarily need to be in hand. Commissioner Luke had a question about the projects being viewed as separate projects with separate standards regarding public use. Ms. Craghead pointed out that Pronghorn is a gated community and is closed to the public. Ms. Morrow added that nothing in Code prevents them from managing the property in this manner. She said there is credible evidence on both sides of the issue as to how the two areas would be managed. Commissioner Daly asked about the ownership of specific adjacent properties. Ms. Morrow noted that the BLM and the State own the properties and the record shows that the Division of State Lands is in agreement to sell. Public lands cannot be remapped, so that process would have to occur after a sale. Commissioner Luke asked about the statements regarding lock-out units. Ms. Morrow indicated that this was new evidence regarding the interpretation of the explanatory table. Ms. Craghead advised that although the information is meant to clarify, she would recommend that the Board not consider it. In regard to the management of overnight rentals, the proposal is that the County enforce the CC&Rs. He asked how the County would know the rental ratio of single-family homes. Ms. Morrow said that one of the provisions Eagle crest was to follow is the submittal of an annual report; however, the County has not been proactive in enforcing this. Minutes of Thornburgh Work Session Tuesday, January 17, 2006 Page 2 of 4 Pages Regarding the traffic engineer's study, Mr. Hearing stated that the County cannot manage State facilities, such as the Cook Avenue/Highway 126 interchange. There would be a left turn lane at Cline Falls Road, but no other improvements would be required. He added that Steve Jorgensen is investigating whether a traffic analysis should be done at different levels of the development. Commissioner Luke noted that it seems unfair to require additional changes later; this makes it hard for the developer to plan. Mr. Harrison said that if the nature or use of the golf courses and other facilities changes, adjustments may be required. However, if they follow the plan that has already been worked out, no changes should be required. He added that there is already a memorandum of understanding with ODOT in place. Ms. Craghead reminded the group that because of the nature of this information, new evidence should not be introduced at this time. Commissioners Luke noted that on Page 34 there is information about the open space requirements and the possibility of utilizing some of the open space for other purposes in the future. Kevin Harrison explained that this would be a very complicated process that would have to be addressed by a variety of parties, including the homeowners' association and the County, as open space requirements would be set forth in deed restrictions and CC&R's. Ms. Morrow added that the CC&R's now include the County, and the Board needs to decide if this is necessary since an amendment to the land use would have to be approved by the County in any case. Commissioner Luke noted that CC&R's can only be enforced by civil action, and the County should not be involved in that. Mark Pilliod said that they need to meet the minimum open space standards required by the County. If they fail to do so, this would entail a code enforcement issue. Ms. Craghead explained that there are other ways to protect the open space; for instance, through land use approval and plat approval. Ms. Morrow added that not all of the area designated as open space is the golf course property; much of it is steep terrain that would not be suitable for other uses anyway. A discussion then took place regarding access, and whether it should have to be in place prior to approval of the final master plan. Ms. Morrow said that the applicant needs to demonstrate feasibility. Mr. Harrison added that much of the access is a function of topography, and it would make sense to do the road improvements when they are needed. Minutes of Thornburgh Work Session Tuesday, January 17, 2006 Page 3 of 4 Pages Regarding fire code, Ms. Morrow stated that the applicant is required to follow County standards. Commissioner Luke said that he would still like clarification regarding open space and lodging. Commissioner Daly indicated his biggest concern is access. Commissioner Clarno stated that she did not have any specific questions at this time. The next work session is scheduled for Wednesday, January 25 at 8:30 a.m., at which time any remaining concerns will be addressed. Commissioner Daly will be out of the office at that time and may call in if possible, although he indicated most of his questions have already been answered adequately. Being no further discussion, the meeting adjourned at 9:55 a. m. DATED this 17th Day of January 2006 for the Deschutes County Board of Commissioners. Chair Bev ;R,Luke, L~=2 U-42J~ , rno, Vice Chair ATTEST: I I- T Recording Secretary M."Daly, Cgvfnmissioner Minutes of Thornburgh Work Session Page 4 of 4 Pages Tuesday, January 17, 2006