Loading...
2006-819-Minutes for Meeting July 11,2006 Recorded 8/14/2006DESCHUTES COUNTY OFFICIAL RECORDS CJ 2406'819 NANCY BLANKENSHIP, COUNTY CLERK COMMISSIONERS' JOURNAL 08/14/2006 08:59:33 AM 1111111111111111111111111111 2008-818 Do not remove this page from original document. Deschutes County Clerk Certificate Page -Ct If this instrument is being re-recorded, please complete the following statement, in accordance with ORS 205.244: Re-recorded to correct [give reason] previously recorded in Book or as Fee Number and Page 4~pM 114 le CIT Y OF REDMOND Community Development Department 716 SW Evergreen PO Box 726 Redmond, OR 97756-0100 (541) 923-7721 Fax: (541) 548-0706 www.ci.redmond.or.us JOINT REDMOND CITY COUNCIL/ DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS MEETING Tuesday, July 11, 2006 6:00 PM Deschutes County Fairgrounds and Expo Center 3800 Airport Way - Middle Sister Conference Room, Redmond REDMOND CITY COUNCIL PRESENT: George Endicott- Joe Mansfield - Jack Nelson - Irv Nygren - Jay Patrick - Alan Unger REDMOND CITY COUNCIL UNEXCUSED: Gary Lynch BOARD OF COUNTY COMMISSIONERS PRESENT: Dennis Luke - Bev Clarno - Mike Daly REDMOND STAFF PRESENT: City Manager Mike Patterson - City Attorney Steve Bryant - Director of Administrative Services Betty Borgen - Director of Public Works Chris Doty - Community Development Director Jim Hendryx - Planning Manager Nick Lelack - City Engineer Mike Caccavano - Senior Planner Wayne COUNTY STAFF PRESENT: County Administrator Dave Kanner - Legal Counsel Laurie Craghead - Planning Director Catherine Morrow - Senior Planner Peter Gutowsky MEDIA PRESENT: Erin Marlowe, The Bulletin CALL TO ORDER and ESTABLISH A QUORUM Mayor Unger opened the meeting at 6:00 p.m. Roll call was taken. Mayor Unger thanked everyone involved in the Urban Growth Boundary process. Mayor Unger reviewed the Agenda aloud. Mayor Unger stated that any interested person may give testimony and that they should sign the testimony form. Councilor Endicott, Councilor Patrick, Councilor Mansfield, and Commissioner Daly reported ex parte contact prior to tonight's hearing but it would not create a conflict. No other participant reported pre-hearing contact, ex parte observations or conflicts of interest, and the qualifications of any participants were not challenged. Community Development Director Jim Hendryx gave a PowerPoint presentation. He explained the parallel tracks related to the City of Redmond and Deschutes County Comprehensive Plan/UGB Map. He briefly recapped the City Comprehensive Plan/UGB Map Option 1 and the County Comprehensive Plan Map Amendment affecting the Urban Growth Boundary and the Urban Reserve Area. The Comprehensive Plan/UGB Map amendment is to accommodate growth based on the Redmond Urbanization Study. The amount of acreage required for the 20-Year UGB expansion is 1,985 acres, and 2,200 plus is being proposed. He recapped the boundary location related to Goal 14. The local criteria included transportation needs, sewer needs, schools and public facilities, and jobs and housing balance. Mr. Hendryx touched on the history of properties that requested to come into the UGB and those requesting to not be included in the UGB and the result of prior recommendations with the Redmond Urban Area Planning Commission and the Deschutes County Planning Commission. Page 2 - Redmond City Council Workshop - July 11, 2006 Mr. Hendryx recapped the parallel tracks related to the City of Redmond and Deschutes County Comprehensive Plan Text amendments. The City Comprehensive Plan policies amendments are intended to accommodate and manage the City's rapid growth and assist in land use planning by establishing a two- map system. The chapters being revised are Chapter 2: Land Use Planning, Chapter 9: Economic Development, Chapter 10: Housing, Chapter 11: Public Facilities, and Chapter 14: Urbanization. City Staff recommends following the recommendations of the Urban Area Planning Commission but would also recommend reducing the privately-initiated UGB amendments to 150-plus acres. Mr. Hendryx recapped the parallel tracks related to the City of Redmond and Deschutes County Transportation System Plan Map. City Staff recommends following the recommendations of the Urban Area Planning Commission and Deschutes County Planning Commission. Mr. Hendryx recapped the City of Redmond Framework Plan. He stated, if adopted, City Council would adopt the Plan by resolution not by ordinance. The Framework Plan talks about general land uses, road and trail connections, neighborhood centers, gateways, and corridors. It is a "Big Picture" map for general land use planning. City Staff recommends following the recommendations of the Urban Area Planning Commission. Mr. Hendryx recapped the parallel tracks related to the City of Redmond Development Code and Deschutes County Title 20 - Urban Holding Zone Map and Title 20 - Redmond Urban Growth Area Zoning. Mr. Hendryx explained that the Urban Holding Zone 10 replaces EFU and MUA-10 Zones. Councilor Mansfield requested clarification regarding the minimum parcel size of 10 acres in the UH-10 Zone. Councilor Patrick requested clarification regarding churches in commercial zones and the M-1 or M-2 Zone. There was discussion related to the application process for EFU deferrals. Mr. Hendryx stated there would be amendments to the County's Title 20. City Staff recommends following the recommendations of the Urban Area Planning Commission and Deschutes County Planning Commission. City Staff would also request direction on agreement on what lands are to be included in the UGB. Staff would like direction on supplemental findings if including additional properties. Mr. Hendryx recapped the process of receiving testimony, closing the public hearing, Staff preparing final documents based on the direction given, and he proposed future dates, if needed. Mayor Unger inquired regarding when to close the verbal and written record and Ms. Craghead clarified that written testimony can be received right up to the time a decision is made. Councilor Endicott inquired about the differences in the two Planning Commissions' decisions regarding the Elliott property. There was an issue of having the Elliott property divided by the UGB boundary and a new road alignment. There was also discussion related to the Russell property. Commissioner Daly stated that there have been letters received from the Halls related to their property included in the UGB. Mr. Hendryx responded that the Hall property is necessary to complete the transportation corridor and for collecting fees for capital improvements. Helmholtz and Elkhorn are important transportation corridors and Elkhorn needs to be included in the UGB. Mr. Hendryx stated that being included in the UGB does not affect the Halls' ability to continue farming. Ms. Craghead clarified that proposed UGB properties have to be contiguous. Councilor Patrick had a question about rights-of-way related to the Halls' property. City Planning Manager Nick Lelack responded that the rights-of-way would be protected. Ms. Morrow stated that urban roads cannot be built in the farm zone and an exception would have to be granted if the Hall property remained in the EFU. Commissioner Luke further commented regarding urban standards for roads. Commissioner Luke thanked Staff for their hard work and everyone involved received a round of applause. Mr. Hendryx stated that additional testimony was received at 4:00 pm this afternoon and there was discussion about the supplemental documents that have been received. Mr. Sorensen explained the purpose of the Redmond Code Amendments and went over the Deschutes County Findings Document for Comprehensive Plan Map Amendment Amending the Urban Growth Boundary (revisions) and revisions received to the aforementioned by Councilor Endicott. He also presented a list of correspondence received. Ms. Morrow entered into the record the entire County record. PUBLIC HEARING Page 3 - Redmond City Council Workshop - July 11, 2006 Urban Growth Boundarv Exoansion Rich Catlin from Albany presented testimony related to Elkhorn Avenue. He has a firm that represents Woodhill Homes, owning a 20-acre parcel. He stated that it's his understanding the City is interested in an overpass for Elkhorn Avenue and ODOT would not allow an at-grade extension, so an overpass would affect his client's development plans. He said that there hasn't been any discussion with the City even though he has encouraged discussion. He believes that there is a public facility benefit to the UGB expansion if Elkhorn is protected. Councilor Nygren inquired how many acres would be involved and Mr. Catlin stated he did not know because there are no design plans in place. Commissioner Daly requested identification on a map of the subject property. Mr. Catlin referred to a map attached to a June 29 letter. City Engineer Mike Caccavno indicated there are alignment issues with Elkhorn Avenue. Tom Atkins is a member of a development group. He is involved with a project of 175 acres on Helmholtz. He presented testimony that he is in support of the UGB expansion and he submitted written testimony. Heidi Hall presented testimony on behalf of her family and her in-laws. She has been on the site committee for the Urban Reserve. She gave a history related to the future school site. Her property borders Helmholtz and Elkhorn. Commissioner Luke inquired of Ms. Hall about future farming practices of the Hall family. He also explained about the ability to collect SDCs. Ms. Hall would like to discuss rights-of-ways with City Staff. Ms. Hall submitted a letter into the record. Redmond Economic Development Manager Bud Prince presented testimony related to industrial zones. He would recommend industrial property on the west side of the city. He is in agreement with what is being proposed. Steve Graves lives on Helmholtz and has property in the Far West area. He presented testimony that the plan has some flaws and too much emphasis was put on consultants and computer models. He believes the best information comes from the citizens who live, work, and shop in the area. He is concerned about fuel prices and the low wages earned in the area. He is concerned that traffic accidents, students walking to high school, and the number of residents that commute to Bend were not included in the studies. He made statements related to Highway 126 at the intersection at Helmholtz. He is concerned about the speed of traffic on Highway 126. He is also concerned that because there is a lack of commercial properties that people will be commuting to Bend and the revenue will not stay in Oregon. Mr. Graves stated that by including the Far West property into the UGB, the speed limit can be dropped to 45 mph and it would make the area safer. Mary Graves is part of the Far West property owners. She read a letter from the property owners in support of being included in the UGB and supporting the findings of the Far West property owners. She presented testimony by giving a history of her family's settlement in the area. Her family works in the area and worships in the area and they very rarely go into Bend. She is requesting that her property be included in the UGB. Keith Erickson lives on Elkhorn. He presented testimony that he is concerned about the adoption of the Transportation Plan with Elkhorn being a major collector instead of a grid street. He would like his property included in the UGB. He also has concerns about the Framework Plan, even though it is conceptual. If it is approved by resolution, he believes it is almost set in stone. He does not believe that 150 acres for a private request is reasonable. He believes that it excludes too many residents and should be smaller. Bruce White is an attorney in private practice in Bend. He presented testimony that he represents a client with an 80-acre parcel adjacent to the UGB. It is located at Quartz on the south and 35th on the eastern edge. He supports the map as it stands but he is concerned about the Framework Plan density designations related to the client's property and the timing issues related to the properties being developed. He would like to see flexibility in applying densities to the Framework Plan and would like to see consistencies with the Public Facilities Plan for sewer and water in the subject area. He suggested "borrowing" capacity because he does not want to wait a year before even applying for a Master Plan. He is confused about the process Page 4 - Redmond City Council Workshop - July 11, 2006 for adopting a plan and stated that there are five different authorities referenced. He referenced as an example Chapter 2 Legislative Process but it is referred to as a quasi judicial process in other documents. Another area with discrepancy is who is the hearings body. He would support the Redmond Urban Area Planning Commission as a hearings body, but it is referred to as "before a hearings officer' in other documents. He would like clarification on annexation based on different approval criteria. He believes that there are procedural issues that need to be looked at and he is willing to work with Staff to clarify things. He's looking to apply at the first of the year for a plan amendment and Master Plan. Councilor Endicott commented that he had addressed some of the issues in his edits previously submitted. Deborah McMahon owns a 55-acre parcel at the top of the map near O'Neil Junction. She presented testimony that she has hired David Evans & Associates to meet the goal of preserving local history and create more open space. She finds a discrepancy on the Framework Plan related to mixed use. On one map the zoning has been changed to "TBD" and is difficult for a developer to work with for long-range planning. There are ODOT issues related to traffic trips. A Master Plan has been entered into the record. Mayor Unger stated that the property borders Highway 97. Mr. Hendryx stated that he had commented about the State's concerns, including capital improvements attributed to the State and land use designations along Highway 97. In light of the Highway Access Interchange Management Plan, the Framework Plan was revised and is only a document that provides general guidance. Ms. McMahon made a suggestion to use a "Waiver of Remonstrance." Commissioner Luke referred to it as a "right to farm." Mayor Unger closed the oral testimony but written testimony will remain open. A short break was taken. STAFF COMMENTS Mr. Hendryx stated that Mr. Catlin had raised issues about shifting boundaries but there needs to be a detailed right-of-way and an accurate legal description. There is a tight time schedule. His application will be considered on the criteria in place. Commissioner Luke requested clarification regarding City versus privately-initiated properties being included in the UGB. It was clarified that Mr. Erickson requested that all or none of his property be included. Far West property owners have submitted additional testimony that further clarifies their position on population and notice required by State law but Staff has not considered it at this time. Mr. White has also raised issues regarding inconsistencies. Staff is looking for direction from the City Council and the Board of County Commissioners on how to proceed. CITY COUNCIL COMMENTS Ms. Craghead commented that the text changes need to be clarified. She would request a time for Staff to work out the discrepancies together. There was discussion when the earliest the County could review, and that would be the end of July or beginning of August. The County would request that the City Council not adopt any amendments until after the County's review. Commissioner Luke stated that the August 7 meeting would be a meeting in La Pine. City of Redmond Land Use Attorney Pam Beery agrees with Deschutes County Counsel. Mr. Hendryx suggested the map be approved expediently (on July 25) prior to the text amendment review. Ms. Craghead stated the same findings apply to the map and the text so there is a concern there. Commissioner Luke does not want to rush the process and Mr. Hendryx said he would support whatever procedural issues are in question. Councilor Endicott clarified that there might be some general guidance available on the maps related to what will be in and what will be out of the UGB. There was discussion (referred to on Section 2 Page 8 map) related to the red portion of the City of Redmond Draft UGB Expansion Map Option 1; it was the consensus to bring it in. Commissioner Luke disclosed that he has known Bonnie Elliott for 20 years. All participants recommended the Elliott property being brought in on its whole into the UGB. There was discussion related to the Far West properties. Ms. Berry stated that the vote could be to include the property, to exclude the property completely subject to minimum acreage requirement, or allow a separate ordinance. Councilor Mansfield stated that the State has sent a letter that the Far West property should not be included as it would delay the process. Commissioner Clarno suggested considering the property at a later time. All participants recommended not including the Far West properties. Page 5 - Redmond City Council Workshop - July 11, 2006 There was discussion related to the Hall property. Councilor Patrick recommended that the Hall property be excluded from the UGB with a holding zone placed on the property to protect the transportation plan and the property in the northwest area of Redmond, south of Upas Avenue and east of 35th Street be included in the UGB for the following reasons: would use 35th Street as the UGB boundary rather than following existing property lines; infrastructure is more readily available; allows for master planning for future schools; and gives a buffer line between urban and farm property avoiding a potential Measure 37 claim. There was discussion about the right to farm. The remaining participants recommended including the Hall property into the UGB. There was discussion related to the Catlin property. Councilor Endicott clarified that Mr. Catlin does not own the property. All participants recommended not including the Catlin property in the UGB. There was discussion related to the Russell property. All participants recommended bringing in the northern 4 acres of the Russell property and to not include the southern 7 acres. Councilor Endicott clarified that the parcels are separate. There was discussion related to the Transportation Plan Map. Ms. Morrow stated that any amendments would affect the County Transportation Plan and there are two inconsistencies in the two maps. There was discussion that the maps don't have to match, but Ms. Morrow stated it could protect the right-of-way corridor. The Redmond City Council recommended accepting the TSP as it is, with noted differences between the two maps. There was discussion related to the Comprehensive Plan text amendments and the revisions that were handed out tonight. Ms. Beery clarified for the record that legal counsel will be working on taking a final look at the text amendments. Commissioner Luke suggested approving the general outline and the technical changes will be brought before the Council and Commissioners at a later time. Councilor Endicott stated that one of his revisions refers to general guidance for the Framework Plan. Ms. Beery suggested accompanying it be clarifying text. All participants recommended approving the general outline of the Comprehensive Plan text amendments. There was discussion related to 150 versus 200 acres for privately- initiated UGB amendments. All participants recommended reducing the minimum acreage to 150 acres. There was discussion related to zoning and whether further work is required in a joint session. There was discussion related to the Framework Plan. Councilor Endicott offered several comments. No action will be taken related to the Framework Plan this evening. There was discussion related to the general consensus on the concept behind the County's Code and the City's Code, specifically with regard to 10 acre parcels for new lots in the UH-10 Zone, still allowing farming practices. All participants recommended as stated above. ADJOURN Mayor Unger adjourned the meeting at approximately 9:30 p.m. APPROVED BY THE REDMOND CITY COUNCIL AND THE DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS AND SIGNED BY ME THIS 25TH DAY OF JULY, 2006. Prepared by Michele Duncan, Pro Tempore Administrative Services a Transcription/Scribe Alan Unger, Mayor Date Deschutes Coun' y oard of Date Redmond City Council County Commissioners Attest: -e,~IvQnle Kell Mors d, Offi a Assistant