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2007-395-Minutes for Meeting March 05,2007 Recorded 3/29/2007COUNTY NANCYUBLANKENSHIP,F000NTY CLERKDS Q 2007°395 COMMISSIONERS' JOURNAL 0312912007 04;26;30 PM 1111111111)1111111111111111111 2 -3Do 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 MM~IEs C 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 DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, MARCH 5, 2007 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend. Present were Commissioners Dennis R. Luke and Tammy Baney; Commissioner Michael M. Daly was out of the office. Also present were Tom Anderson, Will Groves and Peter Gutowsky, Community Development; Mark Pilliod and Laurie Craghead, Legal Counsel; and nine other citizens. No representatives of the media were present. Commissioner Luke asked Commissioner Baney to be Acting Chair for this meeting. Commissioner Baney opened the meeting at 10:00 a. m. 1. Before the Board was Citizen Input. None was offered. 2. Before the Board was Discussion and Consideration of Signature of Document No. 2007-111, an Intergovernmental Agreement with the City of Bend regarding Urban Reserve Area Analysis and Public Outreach Performed by the Deschutes County Community Development Department. Peter Gotowsky gave an overview of the item. This agreement would have the County perform an initial urban reserve analysis for the City. The State will allow the County to receive part of the grant funds to do this work. Commissioner Luke asked what the $5,000 payment would cover. Mr. Gutowsky stated that this will not cover extensive work; the City will have to pick up the balance. Minutes of Board of Commissioners' Meeting - Land Use Monday, March 5, 2007 Page 1 of 10 Pages Commissioner Luke said that this process worked well with the City of Redmond. However, the City of Bend is very far behind on its work, and he doesn't want the public to hold the County responsible for any of these delays. Mr. Gutowsky replied that County Planning was to do some of the initial work but the Board instructed them not to take a leadership role, since this is the City's responsibility. LUKE: Move approval. BANEY: Second. VOTE: LUKE: Yes. BANEY: Acting Chair votes yes. 3. Before the Board was Discussion and Consideration of Second Reading and Adoption, by Emergency, of Ordinance No. 2007-006, Text Amendments regarding the Rural Commercial Zone. Will Groves stated that the Board had asked about including an emergency clause so that the Ordinances would take effect sooner. This will allow builders to begin work during the spring and summer months. Laurie Craghead said there is no reason to reopen the public hearing; the Commissioners will just have to read the emergency clause portion that was added. LUKE: Move second reading, by title only. BANEY: Second. VOTE: LUKE: BANEY: Yes. Acting Chair votes yes. Commissioner Luke read Section 4, as required. LUKE: Move adoption. BANEY: Second. VOTE: LUKE: BANEY: Yes. Acting Chair votes yes. Minutes of Board of Commissioners' Meeting - Land Use Monday, March 5, 2007 Page 2 of 10 Pages 4. Before the Board was Discussion and Consideration of Second Reading and Adoption, by Emergency, of Ordinance No. 2007-007, Map and Text Amendments regarding the Rural Commercial Zone. LUKE: Move second reading, by title only. BANEY: Second. VOTE: LUKE: BANEY: Yes. Acting Chair votes yes. Commissioner Baney read Section 4, as required. LUKE: Move adoption. BANEY: Second. VOTE: LUKE: Yes. BANEY: Acting Chair votes yes. The Measure 37 opening statement was distributed to members of the audience. 5. Before the Board was a Hearing and Consideration of Signature of Order No. 2007-054, a Measure 37 Claim (Keeton - Lot 301). Tom Anderson gave an overview of the claim. The property is located on Holmes road, outside Sisters and north of Highway 126. It consists of 42 acres zoned EFU with a Sisters-Cloverdale subzone and a landscape management overlay. The claimant wishes to use the land for a residential subdivision. The amount of damage claimed is $1 million. Ownership was acquired by the Keetons via land sale contract on August 1, 1972. Ownership has been continuous. In 1972 PL-2 zoning was in effect, which would likely allow five- acre minimum lots, subject to land use rules. There were letters of opposition received on this claim and the others for the Keetons. There are separate claims because the dates of acquisition may be different; also, some lots are contiguous and some aren't. Mark Pilliod said that two letters of objection were received from Central Oregon Land Watch; one is ten pages and was received on March 2, and the other was received on March 5. Both will be entered into the record. Minutes of Board of Commissioners' Meeting - Land Use Monday, March 5, 2007 Page 3 of 10 Pages The issues discussed are basically an argument of insufficient evidence of a reduction in value. The Courts have not yet offered any clarification of how to measure reductions in value. The Board is to arrive at a decision based on substantial, reasonable evidence. Seldom is there perfect evidence. One of the points made in the March 5 letter is that the evidence of acquisition was a land sale contract but only the first page was included; there is no signature page. The claimants may elaborate on this. Also discussed was the County's need to recognize and apply State law from that time regarding the development of resource land. The standard response is in the staff report, which identifies the need in these cases for the claimant to obtain a State waiver. Until the Courts tell the counties otherwise, this is the prudent way in which to act. No other letters were received. Commissioner Baney stated that in the March 2 letter on page 7, it states that there is no evidence of the use of the property then. Mr. Pilliod said that he doesn't know the reason for this statement. If there is a perceived physical impediment, the County's implementing Ordinance would be used to provide that an appraisal discuss the feasibility of future development. This was a requirement of the County's Ordinance before it was amended, since it is not necessary for this to be included. It would also be critical for the applicant to show that all infrastructure is available , but this needs to be addressed at the time of proposed development, not during the Measure 37 process. He said that the letter may refer to feasibility because of a legal impediment, such as Goal 3. Tom Anderson stated that the argument appears to be based on the application of Goal 3. He has not dealt with this yet. The claim came in on the in-between years after the State adopted land use rules but before the County adopted its rules. The claim is being handled on the basis of what the County did at the time. Future land use efforts require a State waiver. Commissioner Luke noted that the letter also states that the property value is less than real market value, based on its assessment. He emphasized that because of Measure 50, all properties are assessed at less than market value. Commissioner Baney opened the hearing at this time. Ed Fitch, an attorney for the applicant, said that he didn't get a copy of the Central Oregon Land Watch letters so he isn't familiar with the details. Minutes of Board of Commissioners' Meeting - Land Use Monday, March 5, 2007 Page 4 of 10 Pages Valuation letters of value were submitted by two Realtors, noting current value and value under the change. He added that the applicants want to create a few parcels for family members. Domestic water and septic systems are already in the area. All lots have paved roads and access. In regard to the contract, only page 1 could be found. However, they did make payments and eventually paid off the contract and received a deed. Mark Pilliod stated that the January 15 letter from the Realtor would be included in the file. Commissioner Luke disclosed that he has known the Keetons for some time, and Mr. Keeton's company has built County buildings in the past. No further testimony was offered, so the hearing was closed. LUKE: Move signature BANEY: Second. VOTE: LUKE: Yes. BANEY: Acting Chair votes yes. 6. Before the Board was a Hearing and Consideration of Signature of Order No. 2007-049, a Measure 37 Claim (Keeton - Lots 100, 400, 500). Tom Anderson said the claim involves three parcels located in the same general area, on the south side of Highway 126. Lot 400 is 49 acres; lot 500 is five acres, and lot 100 is 151 acres and fronts on Highway 126. All three parcels are zoned EFU Sisters-Cloverdale subzone with a landscape management overlay. The total combined acreage is 205 acres, and the applicant wishes to subdivide it for residential use. The claim ranges between $5 million and $10 million. All three lots were acquired via land sales contract on April 1, 1972, and have been owned continuously since then. PL-2 zoning was in effect at the time, allowing five-acre minimum lot sizes. All would be subject to the land use application. The same letters from Central Oregon Land Watch were received on this claim. Commissioner Baney opened the hearing at this time. Ed Fitch indicated that his comments are the same as from the prior claim. Minutes of Board of Commissioners' Meeting - Land Use Monday, March 5, 2007 Page 5 of 10 Pages Commissioner Luke pointed out that he may agree with some arguments of Central Oregon Land Watch, but guidance needs to come from a higher level, the State, and has not yet been provided. No other testimony was received, so the hearing was closed. LUKE: Move signature BANEY: Second. VOTE: LUKE: BANEY: Yes. Acting Chair votes yes. 7. Before the Board was a Hearing and Consideration of Signature of Order No. 2007-051, a Measure 37 Claim (Keeton - Lot 500). Tom Anderson stated that there are four claimants involved with this property, adding William and Hazel Keeton. The property is located off Cloverdale Road, west of the other claims, south of Highway 126. The property consists of 154 acres zoned EFU, with a swath of flood plain zoning in an area that contains an irrigation canal. This designation came from FEMA maps, which the County adopted in the early 1990's. Commissioner Luke noted that canals aren't supposed to flood, as they are controlled by regulating dams. Also, when flooding would most likely occur, the canals aren't running. He asked why there would be a flood area there. Mr. Anderson stated that FEMA chose to include them. They could argue that in a 100-year flood, the gate could be overwhelmed and the water would follow the canal, which is engineered to follow the contours of the land. As has been done previously, the applicant can challenge the flood plain designations as part of the land use application process. In this case, from a practical standpoint, they will have to design around the canal anyway, as part of a physical consideration. The limited amount of the zone may not affect designing down the road. In terms of ownership, the property was acquired by all four parties via warranty deed on October 5, 1972, and has been owned continuously since then. PL-2 was in effect, which may allow five-acre minimum lot sizes. The same letters were received from Central Oregon Land Watch. Minutes of Board of Commissioners' Meeting - Land Use Monday, March 5, 2007 Page 6 of 10 Pages Language in the staff report discusses the potential impact of the flood plain zone, which may be an exemption under Measure 37. However, in the middle of page 2, the last sentence should include the names of all four parties. Commissioner Baney opened the hearing for testimony. Mr. Fitch asked to incorporate his prior comments, and stated they would comply with all applicable exemptions. Mr. Pilliod stated that letters from the Realtors and Central Oregon Land Watch would be incorporated as part of the record. Being no further testimony offered, Commissioner Baney closed the hearing. LUKE: Move approval, directing staff to insert the names William and Hazel Keeton on page 2 of the staff report. BANEY: Second. VOTE: LUKE: BANEY: Yes. Acting Chair votes yes. 8. Before the Board was a Hearing and Consideration of Signature of Order No. 2007-050, a Measure 37 Claim (Keeton - Lot 201). Mr. Anderson explained this parcel is 142 acres and includes a portion in a flood plain, along the same canal. The claimant wishes to subdivide for residential purposes. The damage claim is in a range of $5 million to $10 million. Ownership is based on a warranty deed dated March 14, 1975. Ownership has been continuous since then. Zoning was PL-5 with A-1 at the time, which probably allowed a five-acre minimum lot size. Future land use action would require a State waiver. Central Oregon Land Watch's letter addresses this claim as well. Language was revised in the staff report to include language regarding the flood plain, which narrowly follows the path of the canal. LUKE: Move approval of this amendment to the staff report. BANEY: Second. VOTE: LUKE: BANEY: Yes. Acting Chair votes yes. Commissioner Baney opened the public hearing. Minutes of Board of Commissioners' Meeting - Land Use Monday, March 5, 2007 Page 7 of 10 Pages Mr. Fitch said that he would like to include comments from the prior application. Any exemptions regarding land use regulations would be followed as required. No other testimony was received, so Commissioner Baney closed the hearing. LUKE: Move signature BANEY: Second. VOTE: LUKE: Yes. BANEY: Acting Chair votes yes. 9. Before the Board was a Hearing and Consideration of Signature of Order No. 2007-052, a Measure 37 Claim (Cribbens). Mr. Anderson stated that the parcel in question is located on the east side of Deschutes Market Road, northeast of the City of Bend. It is ten acres zoned MUA-10. The claimant wishes to subdivide the property into one-acre parcels. The amount of damage claimed is $750,793. Ownership was acquired via land sale contract on June 1, 1970; however, in that contract there is language that possession and payments commenced on June 1, 1967. The property was eventually conveyed via warranty deed on September 4, 1983. Based on the land sale contract, the first interest in property has been specified as June 1, 1967. From a practical standpoint, it does not matter which date is used as there was no effective zoning in place then. There have been no letters of opposition to this claim. Cory Clark, a Realtor representing the Cribbens, stated he has been working with the Cribbens on a listing of the property. He said they had a handshake agreement in 1967 which was recorded in 1970, because it needed to be done eventually. He stated the property is located next to Juniper Ridge, and they thought it may get annexed into the City but at this point is in limbo. Commissioner Luke questioned having non-legal counsel representing claimants. Mr. Pilliod stated that neither Measure 37 nor the Ordinance require a representative of a claimant to be a lawyer. The Board has to make its decision based on the information submitted being reliable and substantial, no matter who submits it. Staff's position is that it is sufficient for the claim to be processed. Minutes of Board of Commissioners' Meeting - Land Use Monday, March 5, 2007 Page 8 of 10 Pages Commissioner Luke said that in the Lower Bridge area claim, the Board determined who could testify. Mr. Pilliod explained that the difference is the neighbor of the property was able to testify as a shareholder in the corporation. Presumably every shareholder in a corporate ownership could be a witness. The person was denied the opportunity to testify since a letter of opposition and oral testimony had already been submitted. This would have been duplicating material and testimony. Commissioner Luke asked that the claimant acknowledge that Mr. Clark is representing their wishes. Alonzo Cribbens stated that he owns the property, and has been working with Mr. Clark to sell the property for some time. Commissioner Baney cautioned that they might want to review the transferability aspects of the Measure 37 claim prior to selling the property. LUKE: Move signature BANEY: Second. VOTE: LUKE: Yes. BANEY: Acting Chair votes yes. 10. Before the Board was a Hearing and Consideration of Signature of Order No. 2007-053, a Measure 37 Claim (Rose & Associates LLC). Mark Pilliod stated that this is a complicated file, as there are a lot of owners and entities involved. He has discussed the claim with Bob Lovlien, attorney for the claimants, who intends to provide a precise roadmap of the ownership. Mr. Lovlien asked that the matter be continued indefinitely and waived the 180- day requirement. Part of the difficulty is the property is held by a corporation or partnership, and they don't wish to be a test case. They would like to find out what the Courts ultimately decide on this issue. LUKE: Move continuance, at the applicants' request to put this issue on indefinite hold. BANEY: Second. VOTE: LUKE: Yes. BANEY: Acting Chair votes yes. Minutes of Board of Commissioners' Meeting - Land Use Monday, March 5, 2007 Page 9 of 10 Pages 11. Before the Board were Other Items. None were offered. Being no further items to come before the Board, Acting Chair Baney adjourned the meeting at 11:10 a. m. DATED this 5th Day of March 2007 for the Deschutes County Board of Commissioners. _ &JJ-0~ ATTEST: Recording Secretary Michael M. Daly, Chair Dennis R. Luke, Vice Chair a6nz,," Tammy Baney, Commi doner Minutes of Board of Commissioners' Meeting - Land Use Monday, March 5, 2007 Page 10 of 10 Pages { Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.orc BUSINESS MEETING AGENDA - LAND USE DESC1 UTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., MONDAY, MARCH 5, 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. DISCUSSION and Consideration of Signature of Document No. 2007-111, an Intergovernmental Agreement with the City of Bend regarding Urban Reserve Area Analysis and Public Outreach Performed by the Deschutes County Community Development Department - Peter Gutowsky, Community Development 3. DISCUSSION and Consideration of Second Reading and Adoption, by Emergency, of Ordinance No. 2007-006, Text Amendments regarding the Rural Commercial Zone - Will Groves, Community Development Department 4. DISCUSSION and Consideration of Second Reading and Adoption, by Emergency, of Ordinance No. 2007-007, Map and Text Amendments regarding the Rural Commercial Zone - Will Groves, Community Development Department 5. A HEARING and Consideration of Signature of Order No. 2007-054, a Measure 37 Claim (Keeton - Lot 301) - Mark Pilliod, Legal Counsel; Tom Anderson, Community Development Department Board of Commissioners' Business Meeting Agenda Monday, March 5, 2007 Page 1 of 6 Pages 6. A HEARING and Consideration of Signature of Order No. 2007-049, a Measure 37 Claim (Keeton - Lots 100, 400, 500) - Mark Pilliod, Legal Counsel; Tom Anderson, Community Development Department 7. A HEARING and Consideration of Signature of Order No. 2007-050, a Measure 37 Claim (Keeton - Lot 201) - Mark Pilliod, Legal Counsel; Tom Anderson, Community Development Department 8. A HEARING and Consideration of Signature of Order No. 2007-051, a Measure 37 Claim (Keeton - Lot 500) - Mark Pilliod, Legal Counsel; Tom Anderson, Community Development Department 9. A HEARING and Consideration of Signature of Order No. 2007-052, a Measure 37 Claim (Cribbens) - Mark Pilliod, Legal Counsel; Tom Anderson, Community Development Department 10. A HEARING and Consideration of Signature of Order No. 2007-053, a Measure 37 Claim (Rose & Associates LLC) - Mark Pilliod, Legal Counsel; Tom Anderson, Community Development Department 11. 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.) 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) Board of Commissioners' Business Meeting Agenda Monday, March 5, 2007 Page 2 of 6 Pages 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 Wednesday, March 14, 2007 7:00 a.m. Regularly Scheduled Meeting with the Redmond City Council, Council Chambers 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 11:00 a.m. Parole & Probation Department Update Monday, March 19, 2007 10:00 a.m. Measure 37 Hearings 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 1:00 P.M. Meeting with Other Counties regarding Regional Jail Proposal 6:00 p.m. Public Meeting regarding Groundwater Local Rule Issues, La Pine High School Auditorium Board of Commissioners' Business Meeting Agenda Monday, March 5, 2007 Page 3 of 6 Pages 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 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) Thursday, 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 Board of Commissioners' Business Meeting Agenda Monday, March 5, 2007 Page 4 of 6 Pages 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 Monda, April 16, 2007 10:00 a.m. Measure 37 Hearings 12:00 noon Regular Meeting with Department Heads 1:30 p.m. Administrative Work Session - could include executive session(s) Tuesday, April 17, 2007 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, April 23, 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 11:00 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 Board of Commissioners' Business Meeting Agenda Monday, March 5, 2007 Page 5 of 6 Pages Thursday, April 26, 2007 1:30 p.m. Sheriff Department Update Monday, April 30 10:00 a.m. Board Land Use Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, May 2, 2007 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, May 3, 2007 11:00 a.m. Fair & Expo Center Update Monday, May 7, 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, May 9, 2007 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) 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, March 5, 2007 Page 6 of 6 Pages