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2007-387-Minutes for Meeting February 26,2007 Recorded 3/29/2007COUNTY NANCYUBLANKENSHIP,F000NTY CLERKS COMMISSIONERS' JOURNAL 44;24;14 PM IIIIIIII III IIIIIIIIIIIII 11111103/29/2007 2007-$ 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 E G 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, FEBRUARY 26, 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 Dave Kanner, County Administrator; Tom Anderson, Terri Payne and Paul Blikstad, Community Development; Mark Pilliod and Laurie Craghead, Legal Counsel; Doug Seator, Sunriver Service District; media representatives Keith Chu of The Bulletin; Barney Lerten and Keisha Burns of News Channel 21; and approximately twenty other citizens. Chair Daly 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. 2007- 069, an Intergovernmental Agreement with the City of La Pine regarding the Administration of Land Use Applications. Tom Anderson explained that this agreement will allow the County to process land use applications within the City of La Pine. It does not address Code Enforcement or other services. The fees are the existing fee schedule, as adopted by the City of La Pine. There is one section that the City would like to hold any hearings in La Pine, which would be an additional cost. The City would be invoiced to cover the additional expense. The City Council will assume the role that the Board has had, which is the appeal body. Commissioner Luke said he received an e-mail from the Mayor, who said he appreciates the work being done by Community Development. Minutes of Board of Commissioners' Business Meeting Monday, February 26, 2007 Page 1 of 13 Pages Mr. Anderson said that the City has jurisdiction over all land use and solid waste code issues until the City applies to the State and receives approval to handle these issues. If a land use issue is controversial, it would usually go to a hearing; the City Council would decide if they want to hold a hearing. Commissioner Baney asked if the transportation fees are already established. Mr. Anderson said that it would be the established mileage amount. LUKE: Move approval. BANEY: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. 3. Before the Board was Consideration of Whether to Hear an Appeal of the Hearings Officer's Decision on a Tentative Plan for a 41-Lot Measure 37 Subdivision (Applicant: C Corp Homes). Paul Blikstad said that this is in regard to an appeal of the Hearings Officer's denial of the tentative plat for this subdivision. The property was part of a Measure 37 waiver from the County and State, with the acquisition date in 1969. The Hearings Officer denied it based on water supply and two traffic issues. Staff recommends that the Board hear the appeal. It is an important decision because it is a Measure 37 subdivision. Laurie Craghead said that the hydrologist's report was mentioned during the hearing but the Hearings Officer did not have the documents. In the appeal, the applicant feels it was a part of the record. However, she feels it is a good idea for the Board to hear this based on the traffic issues. The time has been continued into April. Commissioner Luke said that he feels the applicant already had the opportunity to give the Hearings Officer information on the traffic issues. However, they did not bring it up at the time. He stated he is not sure this is a policy issue for the Board; they can appeal to LUBA or go through the process again to get the information into the record. Ms. Craghead said that the original traffic information was there; an appeal would allow them to submit further information. The hydrologist information was in the hearings documents but the Hearings Officer didn't receive it. The question whether the traffic flow situation is part of the safety issue. Minutes of Board of Commissioners' Business Meeting Monday, February 26, 2007 Page 2 of 13 Pages Commissioner Luke said that the Courts have not yet been able to determine this. Commissioner Baney stated that she didn't see why this can't be heard by the Board. BANEY: Move that the Board hear this appeal. LUKE: I am going to vote "no" to letting them have a second bite of the apple since they didn't get the information into the Hearings Officer. DALY: I think they stated that it was already there, but it just didn't get disseminated to the Hearings Officer. I will second. VOTE: BANEY: Yes. LUKE: No. (Split vote) DALY: Chair votes yes. 4. Before the Board was a Hearing and Consideration of Signature of Order No. 2007-045, a Measure 37 Claim (Glover). Tom Anderson explained that this claim was continued from February 13, and has to do with a twenty-acre parcel zoned EFU. The ownership was put at February 20, 1979, based on Mr. Glover's initial purchase of a larger piece at that point. There was some discussion at the hearing regarding irrigated versus non-irrigated land. The staff report remains the same. The Board will not approve a specific land use; this still must go through the land use process, which has a different set of rules, based on the date in the Order. In this case, based the acquisition date, PL-5 was in effect and a five- acre size lot was allowed. In that period of time, the County did process land use subdivisions with five-acre minimums. It is possible under the application of those rules it would be allowed. The other issue is the fact that a waiver is needed from the State as well. For a future subdivision to be developed, a decision from the State would be analyzed. Mark Pilliod said that the Board was allowing the claimant to submit additional evidence regarding the matter of valuation and the septic and water feasibility. A letter also has been received from Paul Dewey, and is now a part of the record. The claimants should be allowed to furnish additional material if they desire. Minutes of Board of Commissioners' Business Meeting Monday, February 26, 2007 Page 3 of 13 Pages Commissioner Baney asked if anything is needed on the septic and water issue. Mr. Anderson stated there were several opposing parties to this claim. The idea was four or five acre lots. Commissioner Daly asked why the Board is looking at the septic issue. Mr. Pilliod stated that this ties into the evidence of value. In Code the appraisal includes the feasibility of the development. Code has since been amended and those details have been modified. Valuation evidence is still important but the issue of feasibility is addressed when the development application is submitted. Commissioner Luke observed that the Board isn't making a land use decision; it is just determining the date of acquisition. Mark Pilliod stated that testimony was provided at the last hearing from an opponent. There has been no further information provided by the tenant and does not believe additional testimony is necessary. Nothing further has been received in writing except the letter from Paul Dewey, which talks about the irrigated and non-irrigated issue. (A copy is attached.) A state waiver is also needed for the County to move forward. No further testimony was given. LUKE: Move approval of the Order. 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. 2007-041, a Measure 37 Claim (Bradley). Tom Anderson stated this claim was continued from February 13, and is in regard to a two-parcel claim, for 200 acres located outside of Sisters. This had been continued to allow staff time to add language pointing out that about a third of the claim is within the flood plain zone. Some elements may be exempt due to health and safety reasons. Otherwise the report hasn't changed and the acquisition date remains the same. No testimony was offered. LUKE: Move approval. BANEY: Second. Minutes of Board of Commissioners' Business Meeting Monday, February 26, 2007 Page 4 of 13 Pages VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. 6. Before the Board was a Hearing and Consideration of Signature of Order No. 2007-115, a Measure 37 Claim (Tye). Tom Anderson explained that William Tye owns two adjacent parcels in Alfalfa near Dodds Road. Lot 1300 is 40 acres zoned EFU, Alfalfa subzone. The second parcel is lot 1302 and consists of 17 acres with the same zoning. The claimant wishes to subdivide it for subdivision use, a total of six lots between five and fifteen acres. The amount of damage claimed is $2,538,000. Both were acquired by Mr. Tye via a sales agreement on June 7, 1979. The actual land sale contract was finalized on December 3, 1979, and title was obtained in 1981. He has owned it continuously; thus the acquisition date would be June 7, 1979. A-1 zoning with a five-acre minimum lot size was in place at that time. A state waiver is also required. No letters of opposition have been received. Commissioner Luke disclosed that he has known Mr. Tye through the construction business for over thirty years. Commissioner Daly noted that he also has known Mr. Tye for a number of years and worked on some of the same construction projects with him. Bob Lovlien, attorney for the claimant, said that the Order is satisfactory to his client. BANEY: Move approval. LUKE: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. 7. Before the Board was a Hearing and Consideration of Signature of Order No. 2007-046, a Measure 37 Claim (Burnside). Tom Anderson stated that Robert Burnside owns two parcels located east of Bend on Alfalfa Market Road, near the Powell Butte Highway intersection. Minutes of Board of Commissioners' Business Meeting Monday, February 26, 2007 Page 5 of 13 Pages The first parcel, lot #1000, is 40 acres zoned EFU-Tumalo-Redmond-Bend subzone with an airport safety overlay. The other lot is #10 1, consisting of 19 acres with the same zoning. About half of the combined acreage is irrigated. The claimant wishes to subdivide the property into approximately eleven five- acre parcels. The damage claim amount is $2,178,000. A land sales contract was entered into on the first parcel on October 3, 1973, and the property was conveyed via warranty deed in 1981. The second parcel was acquired via land sale contracts on March 8, 1977, but has not yet been formally deeded; Mr. Burnside appears as the contract buyer. For both, PL-5 zoning was in effect, with a five-acre minimum lot size. A state waiver is also required. There was one letter of opposition from Central Oregon Land Watch, which is in the record. Bob Lovlien, attorney for the applicant, stated that Dr. Burnside was in attendance, but concurs with the staff report. Commissioner Daly disclosed that he has known Dr. Burnside for many years. He asked if Lot 1000 was previously landlocked. Dr. Burnside stated that it was, but an easement was granted; he subsequently purchased the property holding the easement. BANEY: Move approval. LUKE: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. 8. Before the Board was a Hearing and Consideration of Signature of Order No. 2007-114, a Measure 37 Claim (Miltenberger). Tom Anderson stated that after some additional information was received last week, the staff report and Order were amended. At the request of the claimant's attorney, they wish to postpone this item. They may end up amending their claim. This will give the claimant additional time to consider the options. The clock runs out on April 4, 2007. LUKE: Move continuance to the March 19, 2007 Board meeting. BANEY: Second. Minutes of Board of Commissioners' Business Meeting Monday, February 26, 2007 Page 6 of 13 Pages VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. 9. Before the Board was a Hearing and Consideration of Signature of Order No. 2007-047, a Measure 37 Claim (Campbell). Tom Anderson stated that on behalf of the estate of Beverly Campbell, a letter from the legal representative of the estate has requested this be delayed. It was indicated that a date in March or April would work for them. They waived the 180-day clock for that period of time to allow for a continuance. Commissioner Luke said that it appears they would like to go back to the ownership of the previous family to establish the ownership date. Mr. Anderson stated that the County has maintained that there was a break in ownership. If the County were to compensate for a loss in value, it would go back to the original ancestor. But for purposes of waiving land use ownership, it would only go back to the current owner. LUKE: Move continuance to April 2, waiving the clock per the applicant's letter. BANEY: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. 10. Before the Board were Deliberations and Consideration of First Reading of Ordinance No. 2007-005, a Proposed Text Amendment regarding Destination Resort Zoning. Terri Payne gave an overview of the issues to be decided in regard to this Ordinance. Her February 5, 2007 memo highlighted the decision points, and copies are available. Commissioner Luke added that the Board recently had a work session and discussed these items at that time. Minutes of Board of Commissioners' Business Meeting Monday, February 26, 2007 Page 7 of 13 Pages Chair Daly said that someone has asked to testify at this time. Laurie Craghead explained that this was not noticed as a public hearing, just deliberations of the Board. Commissioner Luke stated that he received e-mails from Central Oregon Land Watch on this issue; Ms. Payne indicated that they are a part of the record. Issue #I proposes to increase the required resort investment from $4 million in adjustment 1984 dollars to $7 million in adjusted 1993 dollars. This would bring Code into compliance with Statute. LUKE: Move approval to amend Code 18.04.030 and 18.113.060(A)(3) and (4) to increase the required resort investment as proposed. BANEY: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. Issue #2 proposes to add language requiring a conservation easement for specified Goal 5 resources located at destination resorts. This change would bring Code into compliance with Statute. No opposition has been voiced. LUKE: Move to amend Code by adding a new section, 18.113.120 to require conservation easements. BANEY: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. Issue #3 would add a requirement for an annual report on resort accommodation. This would bring Code into compliance with the State. There has been no opposition voiced. Commissioner Luke said the local newspaper had mentioned Sunriver and Black Butte Ranch, but they are not destination resorts and do not fall under this Ordinance. Minutes of Board of Commissioners' Business Meeting Monday, February 26, 2007 Page 8 of 13 Pages LUKE: Move to amend Code 18.113.070(U) to add language to require an annual accommodation report as required by Statute. BANEY: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. Citizen Nunzie Gould (off the microphone, from the audience) asked why the Board won't take further public testimony at this time. Laurie Craghead reiterated that the hearing was already closed to public testimony; but written testimony has been allowed and becomes part of the record. This meeting was posted as deliberations only; previous hearings have been held to obtain oral testimony. Terri Payne said that in regard to issues #4 through 6, the current impact of resorts is not known so it is hard to determine future numbers. There are also concerns about destination resorts vs. rural subdivisions. Issue #4 relates to modifying the definition of overnight lodging units to lower the number of weeks that individually-owned units counted as overnight lodging are required to be available for rent, from 45 weeks per year to 38 weeks per year. Currently the County is more restrictive. Staff recommends the change, but the Planning commission opposes it. Commissioner Baney asked that with the changes to Code just approved, would this help tighten this up. Ms. Payne indicated yes, and that the reporting ahs been tightened up over the past year. Commissioner Luke stated that the changes he has supported thus far are part of Statute. He feels that the rules should be uniform throughout the State and there shouldn't be different rules for different areas. Change needs to come from Salem in this regard. Commissioner Daly agreed, stating he doesn't think there should be two sets of land use rules. Minutes of Board of Commissioners' Business Meeting Monday, February 26, 2007 Page 9 of 13 Pages LUKE: Move to Amend County Code 18.04.030 and 18.113.060(D)(2), 18.113.070(0) and 18.113.090(J) to lower the number of weeks individually-owned units counted as overnight lodging are available for rent, as permitted by Statute. BANEY: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. Issue #5 would modify the definition of overnight lodging units to allow individually-owned units counted as overnight lodging to be rented by a property manager as well as by the resort. Commissioner Luke stated that Sunriver is not a destination resort. He asked if the proposal could be amended to include a future or current destination resort using private companies to use the same form. There needs to be a way to track this. Ms. Payne replied that there is a requirement in Code to provide this information. Ms. Craghead reiterated that there is already a requirement in Code for this to be provided. To make it clear, the Board could put a requirement into Code that tracking be a part of the application criteria. Commissioner Luke said that it seems if a private party were going to manage rental units, it would be to their advantage to actually rent them out since that's how they derive their income. Commissioner Baney stated she prefers to vote on the language as written in the current report. They recommended that if the language is going to change, this item should be removed from consideration at this time. Commissioner Daly said that it appears the Board would prefer this wording be changed. Since this is a legislative matter, comments can be submitted in writing. This issue will be addressed at a future date. Issue #6 proposes allowing phasing of the required 150 overnight lodging units over a maximum of fourteen years. This would match the language contained in Statute. Minutes of Board of Commissioners' Business Meeting Monday, February 26, 2007 Page 10 of 13 Pages There are legal questions as to whether the County is more restrictive. Staff recommends the amendment, but the Planning Commission opposes it, voicing concerns about compliance and the amount of time allowed to build the units. Commissioner Luke said that if the Board assumes that bonding is more restrictive than Statute requires, what are the options. Ms. Payne stated that it would require building or bonding all of the 150 units up front. Commissioner Luke stated that the change would take away some assurances that the units would be built. He said he likes the idea of bonding, but the County can't sell the units if it has to take them over. Ms. Craghead noted that the bonding would have to be in place prior to recording the final plat, and that they can't build without it being recorded. This only applies if they choose to phase. Under current code they have to build or bond it all first. The bond could allow up to four years. Commissioner Luke stated that the houses would not be built until the rental units are built or bonded, since the ratio needs to stay in place. Commissioner Baney noted that they could bond the first fifty, and technically go over fourteen years to complete the rest. At this time, Ms. Payne went over the various options. (See attached staff memo, page 3) Commissioner Daly said that leaving the Code the same may conflict with Statute. Commissioner Luke stated that he feels the first fifty should be built, and he would like to see a bond in place. There need to be some rental units on the ground. The question becomes when buildings have to tie into the ratio. Commissioner Daly asked what would happen if they are unable to fill up the rental units that they build. Ms. Craghead explained that they have to have at least 150 overnight lodging units, and the ratio needs to be in place. Commissioner Daly noted that they could build 300 houses if they put up the bond, without building the rental units first. Commissioner Luke said it is a policy question whether this is more or less restrictive than Statute. It's a huge financial investment for the developer. If they can't sell any lots, they can't build units. That's where the bonding money comes from. It is asking a lot for them to not be able to sell lots while they are constructing the fifty units. He said he would like to see some kind of fix that sets the ratio. Perhaps some of the houses would help with the ratio. Minutes of Board of Commissioners' Business Meeting Monday, February 26, 2007 Page 11 of 13 Pages Ms. Craghead said that the way it works now, if there is an improvement agreement, they ask for partial releases of the bonds as they build. The amount is released proportionately. The ratio is not relative regarding the bond, but they won't get approval if they aren't meeting the ratios. Commissioner Daly stated that there needs to be something fair that still will comply with Statute. Destination resorts are the only developers he knows about that have this huge requirement for rental units. No one else would go after a cash bond and build rental units like this. He remembers the early 1980's when the real estate market was really bad. There needs to be something the County can live with that is fair to everyone. Commissioner Baney agreed that there needs to be some clarity in this regard This issue will be addressed at a future date. Issue #7 as proposed would change the ratio between individually-owned residential units and overnight lodging units from 2:1 to 2.5:1. There seems to be a conflict between Statute and Goal 8, and it is hard to comply with both. There is a question as to whether this change can be made. Commissioner Luke said that as much as possible, the County should be in alignment with Statute. The Goal and Statute don't agree. He said this should be clarified at a higher level of jurisdiction. Commissioner Baney added that she feels Deschutes County is unique and she would prefer that the State not dictate. She would like clarification, but she doesn't have a problem with Deschutes County generally being more restrictive than the State. No motion was made in this regard. The Board indicated it would call it back up after the legislature makes the appropriate changes to correct inconsistencies. CONVENED AS THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT 11. Before the Board was Consideration of Signature of Resolution No. 2007- 021 and Document No. 2007-099, an Agreement with the State of Oregon regarding the Disposal of Surplus Property. Minutes of Board of Commissioners' Business Meeting Monday, February 26, 2007 Page 12 of 13 Pages Doug Seator explained that in 2004 the Board signed an agreement to cover the disposal of surplus property. The State is requiring a new agreement that reflects the changes in law over the past few years. LUKE: Move approval of Resolution No. 2007-021 and Document No. 2007-099. BANEY: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 12. Before the Board were Other Items. None were offered. Being no further items to come before the Board, Chair Daly adjourned the meeting at 11:45 a. m. DATED this 26th Day of February 2007 for the Deschutes County Board of Commissioners. ATTEST: Michael . Daly, Ch r De is R. Luke, Vice Chair 4 4, 2//~ / Tam y aney, Com i sioner Recording Secretary Minutes of Board of Commissioners' Business Meeting Monday, February 26, 2007 Page 13 of 13 Pages Community Development Department n: Planning Division Building Safety Division Environmental Health Division X .gin.. N IM don ~M 117 NW Lafayette Avenue Bend Oregon 97701-1925 (541)388-6575 FAX (541)385-1764 STAFF MEMO http://www.co.deschutes.or.us/cdd/ To: Deschutes County Board of County Commissioners From: Terri Hansen Payne, Associate Planner Date: February 5, 2007 Subject: Text Amendment TA-04-4 Deliberation 1. TA 04-4 At a work session on January 29, 2007 the Board requested a brief summary of the decision points for TA-04-4, a proposed amendment to Deschutes County Code (DCC) Title 18 regarding destination resort zoning. The following list summarizes the main ideas that are being proposed and provides possible motions. II. List of Decision Points Issue 1 Proposal Increase the required resort investment from $4 million in adjusted 1984 dollars to $7 million in adjusted 1993 dollars Support Proposed by Applicant, recommended by Planning Commission, Staff Impact This would increase the required resort investment by approximately $2 million dollars Motion 1 Amend DCC 18.04.030 and 18.113.060(A)(3) and (4) to increase the required resort investment as proposed (would bring County Code into compliance with Statute) Motion 2 Do not amend County Code regarding the required resort investment (would leave Count Code less restrictive than Statute Decision Issue 2 Proposal Add language requiring a conservation easement for specified Goal 5 resources located at destination resorts Support Proposed by Staff, recommended by Planning Commission Impact This would protect specified resources already identified in the Deschutes County Comprehensive Plan, such as wetlands or historic resources. Motion 1 Amend County Code by adding a new section 18.113.120 to require conservation easements (would bring County Code into compliance with Statute) Motion 2 Do not amend County Code to add a requirement for conservation easements would leave Count Code less restrictive than statute Decision Quality Services Performed with Pride Decision Points for TA-04-4 Issue 3 Proposal Add a requirement for an annual report on resort accommodations Support Proposed by Staff, recommended by Planning Commission Impact This would require resorts to report annually on the status of the required 150 overnight lodging units, the ratio between individually-owned residential and overnight lodging units and for all individually-owned units counted as overnight units the number of weeks they were available for rent. Motion 1 Amend County Code 18.113.070(U) to add language to require an annual accommodation report as required by Statute (would bring County Code into compliance with Statute) Motion 2 Do not amend County Code to add a requirement for an annual accommodation report would leave Count Code less restrictive than statute Decision Issue 4 Proposal Modify the definition of overnight lodging units to lower the number of weeks that individually-owned units counted as overnight lodging are required to be available for rent from 45 weeks/ ear to 38 weeks/ ear Support Proposed by Applicant, recommended by Staff, opposed by Planning Commission Impact This would loosen the requirements for overnight lodging units Motion 1 Amend County Code 18.04.030 and 18.113.060(D)(2) and 18.113.070(U) and 18.113.090(J) to lower the number of weeks individually-owned units counted as overnight lodging are available for rent (permitted by Statute, but not required) Motion 2 Do not amend County Code to lower the number of weeks individually-owned units counted as overnight lodging are available for rent (would retain current county code which is more restrictive than Statute Decision Issue 5 Proposal Modify the definition of overnight lodging units to allow individually-owned units counted as overnight lodging to be rented by a property manager as well as the resort Support Proposed by Applicant, recommended by Staff, opposed by Planning Commission Impact This would loosen the requirements for overnight lodging units Motion 1 Amend County Code 18.04.030 and 18.113.060(D)(2) and 18.113.070(U) and 18.113.090(J) to allow individually-owned units counted as overnight lodging to be rented by a property manager as well as the resort (permitted by statute, but not required, although giving them the option may be better from the SEC regulation standpoint) Motion 2 Do not amend County Code to allow individually-owned units counted as overnight lodging to be rented by a property manager as well as the resort (would retain current count code which is more restrictive than Statute Decision 2-5-07 Page 2 Decision Points for TA-04-4 Issue 6 Proposal Allow phasing of the required 150 overnight lodging units over a maximum of 14 ears Support Proposed by Applicant, recommended by Staff with amendment, opposed by Planning Commission Impact Current County Code does not allow phasing of the required 150 units. TA-04-4 allows, but not require, the phasing of those units. If phased, as proposed by the applicant, the first 50 units would be required to be built or bonded before any individual units or lots are sold. Statute does not allow bonding so staff recommends bonding for the first 50 units be removed. The second 50 units would be built or bonded within 5 years of the initial lot sales and the final 50 would be built or bonded within 10 years of the initial lot or unit sales. If the last 100 units are bonded, they need to be built within 4 years of bonding Motion 1 Amend County Code 18.04.030 and 18.113.060(A)(1) and (5) to permit phasing as proposed by Applicant (would be more lenient than Statute) Motion 2 Amend County Code 18.04.030 and 18.113.060(A)(1) and (5) to permit phasing as proposed by Staff (permitted by Statute, but not required) Motion 3 Do not amend County Code to allow phasing of the 150 overnight lodging units (would possibly be more restrictive than Statute, legal question as to whether we need to require the first 50 units to be built Decision Issue 7 Proposal Support Impact Motion 1 Motion 2 Decision Vnange the ratio between individually-owned residential units and overnight lodging units from 2:1 to 2.5:1 rroposed by Applicant, opposed by Planning Commission, Staff This would allow more residential development in destination resorts Amend 18.04.030 and 18.113.050(A)(21) and 18.113.060(D)(2) and 18.113.070(U) To change the ratio between individually-owned residential and overnight lodging from 2:1 to 2.5:1 (legally questionable, would not be more lenient than Statute, but would be more lenient than Goal 8) Do not amend existing code regarding destination resort ratios (would allow the legislature to fix the code before the Count makes any changes) III. Ordinance Once the Board has voted on each decision point, Staff will create an ordinance reflecting the Board's decisions 2-5-07 Page 3 IF YOU WISH TO TESTIFY Please complete this card & turn it in to a County staff person. Name: Mailing Addre : As~r Phone E-mail Address: Date: Subject: P, -Z , Q,?)N6g at, IF YOU WISH TO TESTIFY Please complete this card & turn it in to a County staff person. Name: Ipp, Mailing Address: l /8 Phone 3 3 E-mail Address: on_ Date:= 1 Subject: ,O-TE S ~ 6? { 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, FEBRUARY 26, 2007 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. 2007-069, an Intergovernmental Agreement with the City of La Pine regarding the Administration of Land Use Applications - Tom Anderson, Community Development 3. CONSIDERATION of Whether to Hear an Appeal of the Hearings Officer's Decision on a Tentative Plan for a 41-Lot Measure 37 Subdivision (Applicant: C Corp Homes) - Paul Blikstad, Community Development Department 4. A HEARING (continued from February 13) and Consideration of Signature of Order No. 2007-045, a Measure 37 Claim (Glover) - Mark Pilliod, Legal Counsel; Tom Anderson, Community Development Department 5. A HEARING (continued from February 13) and Consideration of Signature of Order No. 2007-041, a Measure 37 Claim (Bradley) - Mark Pilliod, Legal Counsel; Tom Anderson, Community Development Department 6. A HEARING and Consideration of Signature of Order No. 2007-115, a Measure 37 Claim (Tye) - Mark Pilliod, Legal Counsel; Tom Anderson, Community Development Department Board of Commissioners' Business Meeting Agenda Monday, February 26, 2007 Page 1 of 6 Pages 7. A HEARING and Consideration of Signature of Order No. 2007-046, a Measure 37 Claim (Burnside) - Mark Pilliod, Legal Counsel; Tom Anderson, Community Development Department 8. A HEARING and Consideration of Signature of Order No. 2007-114, a Measure 37 Claim (Miltenberger) - Mark Pilliod, Legal Counsel; Tom Anderson, Community Development Department 9. A HEARING and Consideration of Signature of Order No. 2007-047, a Measure 37 Claim (Campbell) - Mark Pilliod, Legal Counsel; Tom Anderson, Community Development Department 10. DELIBERATIONS and Consideration of First Reading of Ordinance No. 2007-005, a Proposed Text Amendment regarding Destination Resort Zoning - Terri Hansen Payne, Community Development Department CONVENE AS THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT 11. CONSIDERATION of Signature of Resolution No. 2007-021 and Document No. 2007-099, an Agreement with the State of Oregon regarding the Disposal of Surplus Property - Sharon Smith for the Sunriver Service District RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 12. OTHER ITEMS 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.) Board of Commissioners' Business Meeting Agenda Monday, February 26, 2007 Page 2 of 6 Pages Monday, February 26, 2007 10:00 a.m. Board Land Use Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, February 28, 2007 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) 3:00 p.m. Legislative Update Conference Call Thursday, March 1, 2007 10:00 a.m. Quarterly Update - District Attorney 11:00 a.m. Quarterly Update - Community Development Department 1:30 p.m. Quarterly Update - Road Department 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) Thursday, March 8, 2007 11:00 a.m. Quarterly Update - Mental Health Department 1:00 P.M. Quarterly Update - Health Department Tuesday, March 13, 2007 10:00 a.m. Board of Commissioners' Meeting - Measure 37 Claims 6:00 p.m. Public Meeting regarding Groundwater Local Rule Issues, La Pine High School Auditorium Board of Commissioners' Business Meeting Agenda Monday, February 26, 2007 Page 3 of 6 Pages Wednesday, March 14, 2007 8:30 a.m. Juvenile Community Justice Department Update 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) 3:00 p.m. Legislative Update Conference Call Thursday, March 15, 2007 7:00 a.m. Regularly Scheduled Meeting with the Redmond City Council, Council Chambers 11:00 a.m. Parole & Probation Department Update 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 6:00 p.m. Public Meeting regarding Groundwater Local Rule Issues, La Pine High School Auditorium Wednesday, March 21, 2007 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, March 22, 2007 9:00 a.m. Fair & Expo Center Update 11:00 a.m. Commission on Children & Families' Update Monday, March 26, 2007 10:00 a.m. Board Land Use Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Tuesday, March 27, 2007 6:00 p.m. Public Meeting regarding Groundwater Local Rule Issues, La Pine High School Auditorium Wednesday, March 28, 2007 Board of Commissioners' Business Meeting Agenda Monday, February 26, 2007 Page 4 of 6 Pages 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) 3:00 p.m. Legislative Update Conference Call 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 1:30 p.m. Administrative Work Session - could include executive session(s) Thursda, April 5, 2007 8:00 a.m. Regular Meeting with the City of Sisters Council, Sisters City Hall 9:00 a.m. Meeting with Judge Fadeley, Justice Court, Sisters Wednesday, April 11, 2007 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) 3:00 p.m. Legislative Update Conference Call Thursday, April 12, 2007 12:00 noon Audit Committee Meeting Monday, April 16, 2007 12:00 noon Regular Meeting with Department Heads 1:30 p.m. Administrative Work Session - could include executive session(s) Tuesday, April 17, 2007 Board of Commissioners' Business Meeting Agenda Monday, February 26, 2007 Page 5 of 6 Pages 7:30 a.m. Bend Chamber of Commerce Breakfast Meeting - State of the County 10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee Wednesday, April 18, 2007 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, Apri123, 2007 10:00 a.m. Board Land Use Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Tuesday, April 24, 2007 10:30 a.m. Meeting with Black Butte Ranch County Service District Board Wednesday, April 25, 2007 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) 3:00 p.m. Legislative Update Conference Call Thursday, April 26, 2007 1:30 p.m. Sheriff Department Update 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, February 26, 2007 Page 6 of 6 Pages