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2006-853-Minutes for Meeting August 28,2006 Recorded 8/30/2006DESCHUTES COUNTY OFFICIAL RECORDS OJ 2006063 NANCY BLANKENSHIP, COUNTY CLERK COMMISSIONERS' JOURNAL 48/30/2006 03:13;19 PM VIII (IIIIIIIIIIIIIII VIII) ' Z d-853 Do not remove this page from original document. Deschutes County Clerk Certificate Page 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 0-T E -S Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.ora MINUTES OF BUSINESS MEETING LAND USE ISSUES DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, AUGUST 28, 2006 Commissioners' Hearing Room - Administration Building 1300 NW Wall St., Bend Present were Commissioners Dennis R. Luke, Michael M. Daly and Bev Clarno. Also present were Dave Kanner, County Administrator; Tom Anderson, Cathy White and Kathleen Stockton, Community Development; Laurie Craghead and Mark Pilliod, Legal Counsel; and five other citizens. No representatives of the media were in attendance. Chair Luke opened the meeting at 10: 00 a. m. 1. Before the Board was Citizen Input. None was offered. 2. Before the Board was Consideration of Signature of Document No. 2006- 424, a Decision regarding a Lot of Record Verification Appeal (Applicant: Waldron). Kathleen Stockton gave an overview of the Board's decision relating to the Waldron lot of record verification appeal. Commissioner Luke said that he didn't feel precedence was being set since this is such a unique situation. CLARNO: Move acceptance. DALY: Second. Minutes of Board of Commissioners' Business Meeting - Land Use Items Monday, August 28, 2006 Page 1 of 5 Pages VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. 3. Before the Board was a Public Hearing and Consideration of Signature of Order No. 2006-132, Approving the Sparrow Annexation into Deschutes County Rural Fire Protection District No. 2. Laurie Craghead stated that the maps had to be revised at the request of the Department of Revenue. Postings were done as appropriate. Chair Luke opened the public hearing. Being no testimony offered, he closed the hearing. CLARNO: Move approval. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. 4. Before the Board was Consideration of First Readings of Ordinances 2006- 025, 026, 027 and 028 regarding a Zone Change to Property Located off Gosney Road (Applicant: Bend Metro Park & Recreation District). Cathy White gave a brief explanation of the item, which relates to a zone "swap". The Board already held a hearing on this issue; and, due to a Goal exception, Board approval is required. Sharon Smith, attorney for the applicant, asked when the second reading could be conducted due to scheduling issues. It was determined that the second reading would take place on Wednesday, September 13. CLARNO: Move that the first readings of all four Ordinances, by title only, take place at one time. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. Minutes of Board of Commissioners' Business Meeting - Land Use Items Monday, August 28, 2006 Page 2 of 5 Pages Chair Luke then conducted the first readings of Ordinance No. 2006-025, Ordinance No. 2006-026, Ordinance No. 2006-027 and Ordinance No. 2006- 028. 5. Before the Board was a Hearing and Consideration of Signature of Order No. 2006-109, a Measure 37 Issue (Claimant: Goodwin). Mark Pilliod stated that this item had originally been continued to August 30, but due to scheduling issues was noticed instead for today. He said that he has been in contact with the claimant's attorney, Bob Lovlien, who has requested the hearing be continued. The issues to be addressed are likely to come before the Court of Appeals, and it would be prudent to wait until this occurs. This continuance would be for an indefinitely period of time and the claimants will waive any claim for damages against the County. Mr. Lovlien agreed to the above. There is also correspondence from Pau Dewey which will become part of the record, along with any other that is received. CLARNO: Move that the hearing be continued to a future date. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. 6. Before the Board was a Hearing and Consideration of Signature of Order No. 2006-110, a Measure 37 Issue (Claimant: Richardson). Tom Anderson gave an overview of the issue. The claimants would like to partition the property; and the amount of damage claimed is $478,500. It was acquired outright in 1977 by the Richardsons. Their ownership history has been confirmed; so the date on the order establishes a review date of July 1977. The claimants will also need a waiver from the State of Oregon due to land use rules that had been enacted by the State even though the County had not yet adopted its land use rules. Minutes of Board of Commissioners' Business Meeting - Land Use Items Monday, August 28, 2006 Page 3 of 5 Pages Chair Luke asked if anyone wished to offer testimony. Mr. Richardson stated that he and his wife bought the property because they thought they could split off some land; however, zoning requirements changed and they could no longer fund their retirement by selling off the other parcel as they had hoped. This hearing was recessed so that the claimant would have an opportunity to review the order. After a brief time, Mr. Richardson came before the Board again and stated that he did not find anything in the order that appears inaccurate. CLARNO: Move approval. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. 7. Before the Board was a Hearing and Consideration of Signature of Order No. 2006-113, a Measure 37 Issue (Claimant: Faris). Tom Anderson explained the item to the Board. The property is approximately 63 acres zoned EFU; the claimant wants to partition it. The amount of damage claimed is $878,882. The claimant acquired the property out right in July 1989, after which time it was converted to a revocable trust, which is not considered a change in ownership. The old zoning maps indicate that the property was zoned EFU-20 at that time. Chair Luke asked if anyone wished to testify in favor of the application. Bruce White, attorney for the claimant, appeared with his client, Greg Faris. The claim had been continued from September, but there have been no changes of fact. However, a boundary dispute that has arisen regarding a fence line. Mark Pilliod stated that the Board can't resolve a dispute between neighbors. If Mr. Faris ends up with less than 60 acres it might be difficult to divide the land into three 20-acre parcels. However, the Board's decision relates only to the date of acquisition. No other testimony was offered. CLARNO: Move approval. DAILY: Second. Minutes of Board of Commissioners' Business Meeting - Land Use Items Monday, August 28, 2006 Page 4 of 5 Pages VOTE: DALY: CLARNO LUKE: Yes. Aye. Chair votes yes. 8. ADDITIONS TO THE AGENDA None were offered. Being no further items to come before the Board, Chair Luke adjourned the meeting at -10:40 a. m. DATED this 28th Day of August 2006 for the Des utes County Board of Commissioners. is R. Luke, ATTEST: l 1D(/1ti~~ Recording Secretary Minutes of Board of Commissioners' Business Meeting - Land Use Items Monday, August 28, 2006 Page 5 of 5 Pages Bev CVarno_ Vice Chnir S 4 4u { Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.or2 BUSINESS MEETING AGENDA LAND USE ISSUES DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., MONDAY, AUGUST 28, 2006 Commissioners' Hearing Room - Administration Building 1300 NW Wall St., Bend 1. CITIZEN INPUT This is the time provided for individuals wishing to address the Board regarding issues that are not already on the agenda. Visitors who wish to speak should sign up prior to the beginning of the meeting on the sign-up sheet provided. Please use the microphone and also state your name and address at the time the Board calls on you to speak. 2. CONSIDERATION of Signature of Document No. 2006-424, a Decision regarding a Lot of Record Verification Appeal (Applicant: Waldron) - Kathleen Stockton, Community Development 3. A PUBLIC HEARING (continued) and Consideration of Signature of Order No. 2006-132, Approving the Sparrow Annexation into Deschutes County Rural Fire Protection District No. 2 - Laurie Craghead, Legal Counsel 4. CONSIDERATION of First Readings of Ordinances 2006-025, 026, 027 and 028 regarding a Zone Change to Property Located off Gosney Road (Applicant: Bend Metro Park & Recreation District) - Cathy White, Community Development 5. A HEARING and Consideration of Signature of Order No. 2006-109, a Measure 37 Issue (Claimant: Goodwin) - Tom Anderson, Community Development 6. A HEARING and Consideration of Signature of Order No. 2006-110, a Measure 37 Issue (Claimant: Richardson) - Tom Anderson, Community Development Board of Commissioners' Business Meeting Agenda - Land Use Monday, August 28, 2006 Page 1 of 6 Pages 7. A HEARING and Consideration of Signature of Order No. 2006-113, a Measure 37 Issue (Claimant: Faris) - Tom Anderson, Community Development 8. ADDITIONS TO THE AGENDA Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY. Please call (541) 388-6571 regarding alternative formats or for further information. FUTURE MEETINGS: (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572) Wednesday, August 23, 2006 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session Monday, August 28, 2006 10:00 a.m. Board Land Use Meeting 1:30 p.m. Administrative Work Session Wednesday, August 30, 2006 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session Monday, September 4, 2006 Most County offices will be closed to observe Labor Day. Board of Commissioners' Business Meeting Agenda - Land Use Monday, August 28, 2006 Page 2 of 6 Pages Wednesday, September 6, 2006 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session 5:00 p.m. Meeting with Bend City Council Monday, September 11, 2006 1:30 p.m. Administrative Work Session 3:30 p.m. Local Public Safety Coordinating Council (LPSCC) Meeting Wednesday, September 13, 2006 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session Thursday, September 14, 2006 7:00 a.m. Regular Meeting with the Redmond City Council, at the Fire Hall 11:00 a.m. Regular Meeting of the Audit Committee Monday, September 18, 2006 10:00 a.m. Board Land Use Meeting 1:30 p.m. Administrative Work Session Tuesday, September 19, 2006 10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee Wednesday, September 20, 2006 1:30 p.m. Administrative Work Session Monday, September 25, 2006 9:00 a.m. Meeting with Bill Linden regarding Legislative Issues/Lobbying 10:00 a.m. Board Land Use Meeting (tentative) 1:30 p.m. Administrative Work Session Board of Commissioners' Business Meeting Agenda - Land Use Monday, August 28, 2006 Page 3 of 6 Pages Wednesday, September 27, 2006 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session Monday, October 2, 2006 10:00 a.m. Board Land Use Meeting 1:30 p.m. Administrative Work Session 3:30 p.m. Local Public Safety Coordinating Council (LPSCC) Meeting Wednesday. October 4 2006 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session Thursday, October 5, 2006 8:00 a.m. Regular Meeting with the City of Sisters, in Sisters Monday, October 9, 2006 10:00 a.m. Board Land Use Meeting 1:30 p.m. Administrative Work Session Tuesday, October 10, 2006 12:00 noon Historical Society Center Luncheon Wednesday, October 11, 2006 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session Thursday, October 12, 2006 5:30 p.m. Joint Meeting of Fair Board and Board of Commissioners (at the County) Board of Commissioners' Business Meeting Agenda - Land Use Monday, August 28, 2006 Page 4 of 6 Pages Monday, October 16, 2006 12:00 noon Regular Meeting of Department Heads and Commissioners 1:30 p.m. Administrative Work Session Tuesday, October 17, 2006 10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee Wednesday, October 18, 2006 1:30 p.m. Administrative Work Session Monday, October 23, 2006 10:00 a.m. Board Land Use Meeting 1:30 p.m. Administrative Work Session Wednesday, October 25, 2006 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session Monday, October 30, 2006 10:00 a.m. Board Land Use Meeting 1:30 p.m. Administrative Work Session Wednesday, November 1, 2006 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session Thursday, November 2, 2006 7:00 a.m. Regular Meeting with the Redmond City Council, at the Fire Hall Board of Commissioners' Business Meeting Agenda - Land Use Monday, August 28, 2006 Page 5 of 6 Pages Monday, November 6, 2006 10:00 a.m. Board Land Use Meeting 1:30 p.m. Administrative Work Session Wednesday, November 8, 2006 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session Monday, November 20, 2006 10:00 a.m. Board Land Use Meeting 1:30 p.m. Administrative Work Session Wednesday, November 22, 2006 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session Monday, November 27, 2006 10:00 a.m. Board Land Use Meeting 1:30 p.m. Administrative Work Session Wednesday, November 29, 2006 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY. Please call (541) 388-6571 regarding alternative formats or for further information. Board of Commissioners' Business Meeting Agenda - Land Use Monday, August 28, 2006 Page 6 of 6 Pages