2007-51-Minutes for Meeting January 22,2007 Recorded 1/25/2007DESCHUTES COUNTY OFFICIAL RECORDS CJ 2001'51
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL 01/25/2007 04;06;27 PM
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2007-51
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0 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 BUSINESS MEETING - LAND USE
DESCHUTES COUNTY BOARD OF COMMISSIONERS
MONDAY, JANUARY 22, 2007
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Michael M. Daly, Dennis R. Luke and Tammy Baney.
Also present were County Administrator Dave Kanner; Mark Pilliod and Laurie
Craghead, Legal Counsel; Tom Anderson and George Read, Community
Development Department; media representative Keith Chu of The Bulletin; and six
other citizens.
Chair Daly opened the meeting at 10: 00 a. m.
1. Before the Board was Citizen Input.
None was offered.
The Measure 37 opening statement had previously been distributed to all
parties.
2. Before the Board was a Hearing (continued from December 4 and
December 11) and Consideration of Signature of Order No. 2006-170, a
Measure 37 Claim (Claimant: Reames).
Attorney Bruce White, representing the claimant, asked that the hearing be
postponed until Monday, March 19, 2007. He will provide a letter stating this
and also tolling the time restraints. A letter of opposition had been submitted
by Central Oregon Land Watch, which is also involved in an appeal on another
claim. There are also Court decisions being made on this issue that could affect
this claim. His clients would like to wait until some of these issues have been
addressed before proceeding.
Minutes of Board of Commissioners' Meeting - Land Use Monday, January 22, 2007
Page 1 of 7 Pages
Mark Pilliod indicated that Legal Counsel has no objection to the
postponement.
LUKE: Move that this item be postponed until March 19, 2007.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Mark Pilliod stated that a Jackson County claimant who received a waiver
under Measure 37 was told he need not take any further action with the
development of the property and could transfer ownership, and the waiver
would stay with the property. A Circuit Court Judge then decided that this
could not be done. The Judge also ruled that the DLCD had the authority to
make waivers, without legislative consensus. This decision does not bind
Deschutes County Circuit Court, however. Also, this decision is not consistent
with a similar one made in Crook County.
3. Before the Board was a Hearing (Continued from August 2, 2006) and
Consideration of Signature of Order No. 2007-017, a Measure 37 Claim
(Claimant: Goodwin).
Tom Anderson explained that the claim was originally was filed by the James
Goodwin trust, but was then modified to include the trustees as individuals.
The property is located off Stevens Canyon Road, about nine miles north of
Sisters. It is 160 acres in size, zoned F-2 with a wildlife overlay combining
zone. The intent is to subdivide the property for residential uses. The amount
of damage claimed is approximately $600,000.
The ownership of this property is complicated. It was originally acquired by
James Goodwin, Ted's father. In November 1978 a land sale contract was
entered into and consummated in 1984. The property was purchased by various
partners, but over time Ted and Laurie Goodwin acquired ownership of the
property and now control 100% interest. For purposes of Measure 37, there are
two key dates. The original date of acquisition by the family was November
1978. The first Measure 37 interest by Ted and Laurie Goodwin, the claimants,
occurred at the land sale contract in 1989. Compensation would date back to
1978; but the waiver would be 1989.
Minutes of Board of Commissioners' Meeting - Land Use Monday, January 22, 2007
Page 2 of 7 Pages
There was one letter of opposition received from Central Oregon Land Watch,
which is part of the record.
Zoning changed when the new forest rules were adopted in 1989. There used to
be three zoning designations for forest uses, and the minimum lot size was 40
acres. The 1989 waiver would allow the land to be subdivided into 40-acre
parcels.
Commissioner Daly asked if the ownership of the partners was equal. Mark
Pilliod replied that ownership was in common, and the claimants had an interest
in the entire property.
Bob Lovlien, attorney for the claimant, indicated he had no comments.
Mark Pilliod said that the staff report lists June 1, 1989 as the first acquisition
of the property, but the Order states June 24, 1989. It appears that possession
occurred on June 1 but the contract was executed on June 24. The date in the
Order should be changed to June 1.
Tom Anderson stated that on page 4 of the staff report under "reduction in
value", the amount shown should be $600,000.
LUKE: Move approval of the modifications as explained.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Being no other testimony offered, the Board then took action.
LUKE: Move approval of the Order as amended.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
4. Before the Board was a Hearing and Consideration of Signature of Order
No. 2007-003, a Measure 37 Claim (Claimant: Hadley).
Minutes of Board of Commissioners' Meeting - Land Use Monday, January 22, 2007
Page 3 of 7 Pages
Tom Anderson said the property is located at 22015 Bear Creek Road, just east
of Torkelson Road. It consists of sixteen acres zoned EFU, in the
Tumalo/Redmond/Bend sub-zone. The claimant wishes to create a three-lot
subdivision of approximately five acres each. The damage claim is for
$243,804. Ownership is straightforward. The land was acquired by Loretta
Hadley on July 10, 1974, and she has owned it continuously since then. In
1974 zoning was A-1, which probably allowed a five-acre minimum lot size.
The date of acquisition for development purposes would be July 10, 1974.
Based on that date, a waiver would also be required from the State.
Owner Loretta Hadley indicated she agrees with the report.
No other testimony was offered.
Commissioner Daly stated it appears that letters from Central Oregon Land
Watch have been received on all of the day's claims except this one.
LUKE: Move approval of Order No. 2007-003.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
5. Before the Board was a Hearing and Consideration of Signature of Order
No. 2007-010, a Measure 37 Claim (Claimant: Harris).
Tom Anderson said the property is located east of Big River Drive and the
Deschutes River. It consists of approximately 71 acres, predominately zoned
RR-10 except for a small portion along the River that is zoned flood plain.
Commissioner Luke asked if flood plain zoning affects Measure 37 claims. Mr.
Anderson replied that this has not yet been contested, but the portion of this
property zoned flood plain is very small.
Mr. Anderson noted that the property is also in a landscape management and
wildlife zone. The claimant would like to subdivide it into homesites and resort
amenities, but has given no specifics on the size of the lots. The damage claim
ranges from $7 million to $10 million.
Minutes of Board of Commissioners' Meeting - Land Use Monday, January 22, 2007
Page 4 of 7 Pages
Ownership has gone through a few steps. It was originally acquired by Donald
and Shirley Harris on April 10, 1973. It was conveyed to a revocable trust in
October 1999. Mr. Harris passed away in 2004, leaving Shirley Harris as the
sole trustee. In the past when there was a question regarding revocable versus
irrevocable trusts, the Board has recognized that the revocable trust is not a
break in the ownership history. Therefore, the date of the Order would be April
101, 1973 for any future land use applications.
There is a bit of uncertainty as to what the zoning was at that time. Later in
1973 the County modified the zoning, but in early 1973 it was covered only by
the comprehensive plan.
On the comprehensive plan map at that time, landscape management is an
overlay zone. Surrounding the property then were rural recreational and rural
residential areas.
Commissioner Luke noted that there were different rules in 1973 regarding
septic systems, but these don't fall under Measure 37. Mr. Anderson said that
this is correct; Measure 37 does not cover land use rules or those for health and
safety. There were two letters of opposition from the same owner, a neighbor;
one came from the owner and the other came from an attorney representing the
owner. These are in the record.
Mr. Anderson indicated that on the first page of the staff report, under current
zoning, it should show RR 10 and FP.
LUKE: Move approval of the changes.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Ed Fitch, representing the claimant, said he agrees with the staff report
regarding the date of acquisition. He understands that current regulations will,
apply in regard to sewer and water. A planned unit development is being
considered, and that the property was historically used as a youth camp for
years. He has already spoken with adjacent property owners.
Minutes of Board of Commissioners' Meeting - Land Use Monday, January 22, 2007
Page 5 of 7 Pages
No other testimony was offered. A letter of opposition from Central Oregon
Land Watch is already in the record.
LUKE: Move approval, as amended.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
6. Before the Board was a Hearing and Consideration of Signature of Order
No. 2007-002, a Measure 37 Claim (Claimant: Zierlein).
Tom Anderson explained that the property, located at 3968 NW Coyner Avenue
in Redmond, east of Helmholtz, consists of 9.5 acres zoned EFU, with the
Tumalo/Redmond/Bend subzone. The claimants wish to subdivide it for
residential uses. The amount of damage claimed is $600,000. The ownership
history is clean. It was acquired by the claimants via a land sale contract on
November 18, 1966 and has been continuously owned since then. Zoning at
that time was minimal. The Order would establish the review date as
November 18, 1966. No letters of opposition have been received.
Ed Fitch, attorney for the claimant, stated that the claimants have a handicapped
child and want to subdivide the property in order to provide for their child's
future care.
Commissioner Baney said that the claimants have not submitted any
information regarding water and sewer feasibility.
Mr. Pilliod explained that the County's procedure Ordinance on Measure 37
claims indicates that the preferred form of evidence of value is an appraisal.
The appraisal would address the feasibility of any potential future development.
In the past the County has not insisted on an appraisal. Any development of the
property would have to address all issues regarding feasibility as part of the site
development. Informally, and based on Board decisions, this requirement has
been relaxed. Staff wishes to amend the Ordinance regarding this issue, since
feasibility would have to be addressed during site development.
Minutes of Board of Commissioners' Meeting - Land Use Monday, January 22, 2007
Page 6 of 7 Pages
Commissioner Luke noted that the County has been fortunate that most
applications have been formal. Claimants don't have to submit a claim on the
County forms.
Mr. Fitch stated that there is a home on the property with a septic system and a
domestic water system.
No other testimony was offered.
LUKE: Move approval of the Order as amended.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
7. Before the Board were Additions to the Agenda.
No other items were discussed.
Being no further items to come before the Board, Chair Daly adjourned the
meeting at 10: SO a. m.
DATED this 22°d Day of January 2007 for the Deschutes County
Board of Commissioners.
ATTEST:
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Recording Secretary
Minutes of Board of Commissioners' Meeting - Land Use Monday, January 22, 2007
Page 7 of 7 Pages
0 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
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., MONDAY, JANUARY 22, 2007
Commissioners' Hearing Room - Administration Building
1300 NW Wall St., Bend
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. A HEARING (continued from December 4 and December 11) and
Consideration of Signature of Order No. 2006-170, a Measure 37 Claim
(Claimant: Reames) - Mark Pilliod, Legal Counsel; Tom Anderson, Community
Development Department
3. A HEARING (Continued from August 2, 2006) and Consideration of
Signature of Order No. 2007-017, a Measure 37 Claim (Claimant: Goodwin) -
Mark Pilliod, Legal Counsel; Tom Anderson, Community Development
Department
4. A HEARING and Consideration of Signature of Order No. 2007-003, a
Measure 37 Claim (Claimant: Hadley) - Mark Pilliod, Legal Counsel; Tom
Anderson, Community Development Department
5. A HEARING and Consideration of Signature of Order No. 2007-010, a
Measure 37 Claim (Claimant: Harris) - Mark Pilliod, Legal Counsel; Tom
Anderson, Community Development Department
6. A HEARING and Consideration of Signature of Order No. 2007-002, a
Measure 37 Claim (Claimant: Zierlein) - Mark Pilliod, Legal Counsel; Tom
Anderson, Community Development Department
Board of Commissioners' Business Meeting Agenda Monday, January 22, 2007
Page 1 of 5 Pages
7. 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)
Monday, January 22, 2007
10:00 a.m. Board Land Use Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Tuesday, January 23, 2007
3:30 p.m. Sheriff's Department Update, at Sheriffs Office
Wednesday, January 24, 2007
10:00 a.m. Board of Commissioners' Meeting
11:15 a.m. Legislative Update Conference Call
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, January 25, 2007
8:00 a.m. Board Goal Setting Retreat - Fair & Expo Center Office, Redmond
Monday, January 29, 2007
10:00 a.m. Board Land Use Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Board of Commissioners' Business Meeting Agenda Monday, January 22, 2007
Page 2 of 5 Pages
Wednesday, January 31, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, February 1, 2007
7:00 a.m. Regularly Scheduled Meeting with the Redmond City Council, Council Chambers
Monday, February 5, 2007
10:00 a.m. Board Land Use Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council)
Wednesday, February 7, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, February 14, 2007
10:00 a.m. Board of Commissioners' Meeting
11:15 a.m. Legislative Update Conference Call
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, February 19, 2007
Most County offices will be closed to observe Presidents' Day
Wednesday, February 21, 2007
12 noon Regularly scheduled Department Heads Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, February 26, 2007
10:00 a.m. Board Land Use Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Board of Commissioners' Business Meeting Agenda Monday, January 22, 2007
Page 3 of 5 Pages
Wednesday, February 28, 2007
10:00 a.m. Board of Commissioners' Meeting
11:15 a.m. Legislative Update Conference Call
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, March 5, 2007
10:00 a.m. Board Land Use Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council)
Wednesday, March 7, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, March 14, 2007
10:00 a.m. Board of Commissioners' Meeting
11:15 a.m. Legislative Update Conference Call
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, March 15, 2007
7:00 a.m. Regularly Scheduled Meeting with the Redmond City Council, Council Chambers
Monday, March 19, 2007
1:30 p.m. Administrative Work Session - could include executive session(s)
Tuesday, March 20, 2007
10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee
Wednesday, March 21, 2007
1:30 p.m. Administrative Work Session - could include executive session(s)
Board of Commissioners' Business Meeting Agenda Monday, January 22, 2007
Page 4 of 5 Pages
Monday, March 26, 2007
10:00 a.m. Board Land Use Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, March 28, 2007
10:00 a.m. Board of Commissioners' Meeting
11:15 a.m. Legislative Update Conference Call
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, April 2, 2007
10:00 a.m. Board Land Use Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council)
Wednesday, April 4, 2007
10:00 a.m. Board of Commissioners' Meeting
11:15 a.m. Legislative Update Conference Call
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, April 5, 2007
8:00 a.m. Regular Meeting with the City of Sisters Council, Sisters City Hall
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 Monday, January 22, 2007
Page 5 of 5 Pages