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2006-936-Minutes for Meeting September 25,2006 Recorded 9/27/2006DESCHUTES COUNTY OFFICIAL RECORDS P NANCY BLANKENSHIP, COUNTY CLERK yj 2006-936 COMMISSIONERS' J URNAL 09/27/2006 04:57:27 PM 20 36 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 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 MEETING LAND USE ISSUES DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, SEPTEMBER 25, 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 Will Groves and Catherine Morrow, Community Development; Mark Pilliod and Laurie Craghead, Legal Counsel; media representative Keith Chu of The Bulletin; andfour other citizens. 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 Whether to Hear an Appeal of the Hearings Officer's Denial of Similar Use Status to a Putting Course (Applicant: Sunriver Vacations Recreation Association). Will Groves gave an overview of the issue and the Hearings Officer's decision. The location was formerly a boarding school. The question is whether this is a similar use to miniature golf, which would require a text amendment. Commissioner Luke noted that most of the recreation is located around the mail or the golf course. He asked what the options are if the Hearings Officer's decision is upheld. Minutes of Board of Commissioners' Business Meeting — Land Use Monday, September 25, 2006 Page I of 5 Pages Laurie Craghead stated the option is to do a text amendment to allow it into the zone. It is a use listed in another zone. Staff feels a putting course and miniature golf are the same in this case. Mr. Groves gave a brief overview of the history of miniature golf. Ms. Craghead said she agrees with staff and the Hearings Officer's opinion. CLARNO: Move that the Board decline to hear this appeal. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. Catherine Morrow said all of the participants have received copies of the Measure 37 opening statement. 3. Before the Board was a Hearing and Consideration of Signature of Order No. 2006-112, a Measure 37 Claim (Claimant: MeClaskey). Ms. Morrow explained that the property is located on High Mowing Lane, and consists of 20 acres zoned EFU. The claim is for $500,000. The claimant wishes to place a single non-farm dwelling on the property. The acquisition date was March 26, 2003. The parents obtained the property in 1984 and instituted a revocable trust in 1997, and the property was deeded to the applicant in 2003. Staff recommends adopting the order; it does not make a determination whether the dwelling can be built. Commissioner Daly asked why the claimant did not just apply for the dwelling first. Mr. Pilliod replied that the law hasn't changed since 2003 and it would make sense; Measure 37 may have no bearing. The acquisition of an ancestor may have some bearing but it is limited. Helen Eastwood, an attorney for Bryant Lovlien & Jarvis, requested a continuance on behalf of her client. They feel this issue will be addressed in the courts eventually. She waived any time requirements, and will contact the County when they are ready to proceed. No one else offered to testify. Minutes of Board of Commissioners' Business Meeting — Land Use Monday, September 25, 2006 Page 2 of 5 Pages 4. Before the Board was a Hearing and Consideration of Signature of Order No. 2006-113, a Measure 37 Claim (Claimant: Reid). Ms. Morrow said the property is 73 acres located on Morrow Road,, zoned EFU. The claim is for $200,000. The applicant wishes to partition the property into two parcels and place a farm dwelling on the second parcel. The date of acquisition was March 1989. Attorney Dan VanVactor stated that the neighboring property owners, Jack Holt and Jack Nelson, are aware of this action. This was part of the plan when the property vacation was done. Access would be off Morrow Road. He said his clients support the order as written. No other testimony was offered. CLARNO: Move approval. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. 5. Before the Board was a Hearing and Consideration of Signature of Order No. 2006-114, a Measure 37 Claim (Claimant: Dunn). Ms. Morrow said the property is located at 1515 Antler Avenue, Redmond; it is 6.7 acres located within the city, which was annexed in 1982. There is city zoning on the property for park reserve and open space. In 1973 the zoning was R- I under PL -5. The acquisition date was 1974; the amount of the claim is $4 million. The County cannot waive city regulations. Mr. Pilliod stated that the City Attorney is aware of this issue, as a separate claim was filed with the City. The City would need to process the claim. The County's regulations were adopted after the 1974 acquisition date. Commissioner Daly disclosed that he has known the Dunns for years. No other testimony was offered. DALY: Move approval. CLARNO: Second. Minutes of Board of Commissioners' Business Meeting — Land Use Monday, September 25, 2006 Page 3 of 5 Pages VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. 6. Before the Board was a Hearing and Consideration of Signature of Order No. 2006-115, a Measure 37 Claim (Claimant: Foster). Ms. Morrow stated that the property is located off the Old Bend -Redmond Highway, and consists of 25 acres zoned EFU. The claimant would like to develop a residential subdivision. There are several tax lots and two acquisition dates. Tax lots 309 and 3 10 were acquired in 1974; tax lot 313 was acquired in 1976. Mark Pilliod said that Exhibit B needs to be modified to correct the legal description. Attorney VanVactor stated that his client approves of the report and the recommendations. No further testimony was offered. DALY: Move approval, with the modification of Exhibit B to clarify the acquisition dates of the properties. CLARNO: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. 7. Before the Board was a Hearing and Consideration of Signature of Order No. 2006-116, a Measure 37 Claim (Claimant: Woods). Ms. Morrow said the property is located on Tweed Road, and is zoned MUA with a 10 -acre minimum. The property is 15 acres, and the claimant wishes to create three five -acre parcels. The amount of the claim is $500,000. The acquisition date was August 1965, and no zoning was in place at that time. Lisa DT Klemp, an attorney for Bryant Emerson & Fitch, said that her client supports staff s recommendation. No other testimony was given. Minutes of Board of Commissioners' Business Meeting — Land Use Monday, September 25, 2006 Page 4 of 5 Pages DALY: Move approval. CLARNO: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. 8. Before the Board were Additions to the Agenda. None were offered Being nofurther items to come before the Board, Chair Luke adjourned the meeting at. H: 00 a.m. DATED this 25 Ih Day of September 2006 for the Deschutes County Board of Commissioners. -.-,I /-BEn--n) R. Luke,Chair L� J Bev C arno, ATTEST: Mi&ael A Daly', -C' o m—is—sioner (f ��IAJZ� Recording Secretary Minutes of Board of Commissioners' Business Meeting — Land Use Monday, September 25, 2006 Page 5 of 5 Pages Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org BUSINESS MEETING AGENDA LAND USE ISSUES DESCH­UTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., MONDAY, SEPTEMBER 25,2006 Commissioners' Hearing Room - Administration Building 1300 NW Wall St., Bend 1. CITIZEN INPUT This is the time providedfor 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 sheetprovided. Please use the microphone and also state your name and address at the time the Board calls on you to speak. 2. CONSIDERATION of Whether to Hear an Appeal of the Hearings Officer's Denial of Similar Use Status to a Putting Course (Applicant: Sunriver Vacations Recreation Association) — Will Groves, Community Development 3. A PUBLIC HEARING and Consideration of Signature of Order No. 2006- 112, a Measure 37 Claim (Claimant: McClaskey) — Tom Anderson, Community Development; Mark Pilliod, Legal Counsel 4. A PUBLIC HEARING and Consideration of Signature of Order No. 2006- 113, a Measure 37 Claim (Claimant: Reid) — Tom Anderson, Community Development; Mark Pilliod, Legal Counsel 5. A PUBLIC HEARING and Consideration of Signature of Order No. 2006- 114, a Measure 37 Claim (Claimant: Dunn) — Tom Anderson, Community Development; Mark Pilliod, Legal Counsel 6. A PUBLIC HEARING and Consideration of Signature of Order No. 2006- 115, a Measure 37 Claim (Claimant: Foster) — Tom Anderson, Community Development; Mark Pilliod, Legal Counsel Board of Commissioners' Business Meeting Agenda — Land Use Monday, September 25, 2006 Page I of 6 Pages 7. A PUBLIC HEARING and Consideration of Signature of Order No. 2006- 116, a Measure 37 Claim (Claimant: Woods) — Tom Anderson, Community Development; Mark Pilliod, Legal Counsel 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) 3 88-65 71 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 Ifyou have questions regarding a meeting, please call 388-6572.) MondM, 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 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 3:30 p.m. Local Public Safety Coordinating Council (LPSCC) Meeting Board of Commissioners' Business Meeting Agenda — Land Use Monday, September 25, 2006 Page 2 of 6 Pages 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 at Summit High School 11:30 a.m. Commissioners to Meet with Students in Government/Civics Classes, Summit High School 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) 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 Board of Commissioners' Business Meeting Agenda — Land Use Monday, September 25, 2006 Page 3 of 6 Pages 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 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 Board of Commissioners' Business Meeting Agenda — Land Use Monday, September 25, 2006 Page 4 of 6 Pages Wednesday, November 22, 2006 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session MondM, 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 Monday, December 4, 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, December 6, 2006 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session Monday, December 11, 2006 10:00 a.m. Board Land Use Meeting 1:30 p.m. Administrative Work Session Wednesday, December 13, 2006 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session MondM, December 18,2006 12:00 noon Regular Meeting of Department Heads and Commissioners 1:30 p.m. Administrative Work Session Board of Commissioners' Business Meeting Agenda — Land Use Monday, September 25, 2006 Page 5 of 6 Pages Tuesday, December 19, 206 10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee 1:30 p.m. Administrative Work Session MondM, December 25, 2006 Most County offices will be closed to observe Christmas. Wednesday, December 27, 2006 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session Monday, January 1, 2007 Most County offices will be closed to observe New Years Day. Wednesday, January 3, 2007 10:00 a.m. Board of Commissioners' Business 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, September 25, 2006 Page 6 of 6 Pages