Loading...
2007-411-Minutes for Meeting March 19,2007 Recorded 4/3/2007DESCHUTES COUNTY OFFICIAL RECORDS NANCY BLANKENSHIP, COUNTY CLERK } ~J 20074 11 COMMISSIONERS' JOURNAL 11111111 111 04/03/2007 02;20;42 PM I I~111111111 ~I ~■u~ 2007-411 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 BUSINESS MEETING - LAND USE DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, MARCH 19, 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 Tom Anderson and Paul Blikstad, Community Development Department; Mark Pilliod and Laurie Craghead, Legal Counsel; George Kolb, Road Department; and approximately twenty-five other citizens. No representatives of the media were in attendance. 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 a Hearing (continued from February 26) and Consideration of Signature of Order No. 2007-024, a Measure 37 Claim (Miltenberger). Commissioner Luke disclosed that he knows the Miltenbergers personally. LUKE: Move approval. BANEY: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. Minutes of Board of Commissioners' Meeting Monday, March 19, 2007 Page 1 of 14 Pages 3. Before the Board was a Hearing and Consideration of Signature of Order No. 2007-062, a Measure 37 Claim (Warner). Tom Anderson explained that the property is located on Swalley Road, north of Tumalo, and east of the Deschutes River. It consists of ten acres zoned EFU Tumalo-Redmond-Bend subzone with a landscape management overlay. The desired use is a residential subdivision of fifteen lots. Damage claimed is $4,020,000. The property was acquired by the Warners via land sale contract on June 10, 1971, and a warranty deed followed on January 17, 1977. The Order specifies the earlier date. However, in 1971 PL-2 zoning was in effect (since 1970), and the comprehensive plan designated the parcel as intensive agricultural, with a five- acre minimum lot size. It may be possible to partition it into two lots if it is a full ten acres. This would be addressed as part of a future land use application. Commissioner Daly asked if a County road is adjacent, is part of that considered a portion of the acreage. Tom Anderson replied that a public right of way is not considered part of the property. Commissioner Luke said that he had been told in the past that an owner of property owns to the center of the street, and a right of way is an easement that remains owned by the property owner. He added that he was also told that a right of way is not deducted from the total acreage, and if the County abandoned the right of way, it would go back to the property owners to use. Paul Blikstad indicated that Code states lots of 2.5 acres or less are configured by net acreage. If it is more than 2.5 acres, the gross area, including the right of way, is used. But in 1970 gross area was used. Tom Anderson stated there were no letters of opposition received. Mike McGean, an attorney for the Warners, stated that he reviewed the staff report and does not object to the terms of the Order, but does have some disputes regarding the application process for the property. He concurs with the staff recommendation. No other testimony was offered, so the hearing was closed. LUKE: Move approval. BANEY: Second. Minutes of Board of Commissioners' Meeting Monday, March 19, 2007 Page 2 of 14 Pages VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. 4. Before the Board was a Hearing and Consideration of Signature of Order No. 2007-063, a Measure 37 Claim (Davis). Tom Anderson stated that this claim involves two parcels that are not contiguous, located east of Bend near Neff Road and Powell Butte Highway. The first parcel is less than twenty acres and is zoned MUA-10; the desired use is for a residential subdivision of possibly five-acre lots. The claim has been made to preserve future development rights. It was acquired via warranty deed on August 19, 1964 and has been continuously owned since then. No zoning was in effect at that time. The other parcel is further east, off Ten Barr Ranch Road. It is twenty acres zoned EFU with an airport safety overlay. The claimant desires to place a residence on the property in the future. The amount of damage claimed is $1,257,000. The parcel was acquired by Lawrence Davis on June 5, 1980. Evelyn Davis is now listed as an owner. The Order addresses both properties. There have been no letters of opposition. Chair Daly opened the hearing for testimony. Bob Lovlien, an attorney for the claimant, said there are no objections to the Order as submitted. No other testimony was offered, so the hearing was closed. BANEY: Move approval. LUKE: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. 5. Before the Board was a Hearing and Consideration of Signature of Order No. 2007-064, a Measure 37 Claim (Whitaker). Tom Anderson stated that this claim involves two contiguous parcels located west of Redmond, outside the urban reserve area, north of Highway 126 and west of Helmholtz. Minutes of Board of Commissioners' Meeting Monday, March 19, 2007 Page 3 of 14 Pages The first lot is 15.5 acres zoned EFU, Tumalo-Redmond-Bend subzone. The other lot is west and north of the first and has the same zoning but with a landscape management overlay. Both total about 93 acres. The claimant wishes to subdivide for residential purposes. The first lot claim is for $400,000, and the other is for $2 million. The ownership of the lots is somewhat different. Regarding the first parcel, both Whitakers acquired it through the acquisition of a larger piece on November 10, 1972. In 1978 a portion was removed and sold, and is not a part of this claim. In 2004 a lot line adjustment was done and a portion of another lot was acquired and made a part of the first parcel; this piece has been identified and is not part of this Measure 37 claim. The second lot was acquired via warranty deed by Elbert Whitaker on November 26, 1965; Wini Whitaker's interest was added in 1993. They have owned it continuously since that time. The parcel acquired in 1972 was governed by PL-2 zoning, intensive agriculture with a five-acre minimum lot size. The parcel acquired in 1965 has no effective zoning. Wini Whitaker was added, the zoning was EFU. The Order lays out the different acquisition dates for the parcels. There was one letter of opposition from the neighbors, Clifford and Gail Davis. Commissioner Luke added that the Board also received a letter from Central Oregon Land Watch on March 18. Ed Fitch, attorney for the claimant, said the only issue is the acquisition date for Mrs. Whitaker. They were married at the time and acquired it jointly even though she was not on the deed. They paid taxes jointly as well. For the record, they feel her interest should go back to 1965. A copy of their marriage certificate can be provided if needed. Commissioner Luke stated that couples own property separately all the time. He asked if there is a will or other document that shows this intent. Mr. Fitch replied that based upon common law principles and marital rights, he believes there is an agreement between the parties that they have joint ownership of the property. Statute recognizes that untitled spouses have an interest in property. Commissioner Luke pointed out that Mr. Whitaker could probably have sold the property on his own, however. Minutes of Board of Commissioners' Meeting Monday, March 19, 2007 Page 4 of 14 Pages Cliff Davis, a neighbor, came before the Board. She said he owns property to the east of the Whitaker's property. He wished to voice his opinion and get clarification on the situation. He said he understands they may wish to subdivide the property into one-acre lots. Tom Anderson stated that they did not specify the acreage amount. Commissioner Luke pointed out that these hearings are to establish when people have an interest in a property right. The land use application is separate, and will require notice to all neighbors. He stated Mr. Davis can testify but this has nothing to do with the land use part, just the date of the property interest. Mr. Davis said that all owners in the area have five or ten acres, and don't want to see a subdivision with houses on top of each other. They are worried about access, water and other things, including traffic. They would be okay with five- acre parcels, though. Mr. Anderson suggested that Mr. Davis write another letter for the file if a land use application is submitted. The Measure 37 claim will include his letter, but it doesn't hurt to have a letter specifically for the land use part. No other testimony was offered, so the hearing was closed. BANEY: Move approval. LUKE: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. 6. Before the Board was a Hearing and Consideration of Signature of Order No. 2007-065, a Measure 37 Claim (Sunray). Mr. Anderson stated this claim is more complicated that most. The application was submitted by Donna King, the Willows and Sunray, Inc. There are two tax lots but one legal lot of record. The property is located east of Bend at Rickard and Gosney Roads. The tax lots are # 100 and # 104, and both are ten acres. The claimant wishes to partition the two lots into two separate parcels, to ratify the way they are shown on the Assessor's records. The amount of the claim is $1,250,000. Minutes of Board of Commissioners' Meeting Monday, March 19, 2007 Page 5 of 14 Pages The separation of this property into the two tax lots was done as part of a lien foreclosure prior to 1989. Both claimants individually went through a lot of record verification process to legitimize each parcel; both of these efforts were denied in 1989 and 1993. They also came to the County in 1999 as part of a land use application before the Hearings Officer in an attempt to partition the two lots in order to approve a dwelling on one of them. This was brought forward by one owner. The minimum lot size in place at that time, EFU, Tumalo-Redmond-Bend subzone, had an 80-acre minimum in place. In terms of ownership, Edward and Sally Willard acquired lot 100 on November 7, 1991. It was conveyed to Sunray, Inc. via a bargain and sale deed on February 10, 1997. The second parcel was acquired by Donna King in 1981 via a trustee's deed. Both were conveyed to the Donna R. King living trust in 2006 via a warranty deed; a revocable trust does not change the ownership. The ownership has been continuous sine 1981. No letters of opposition have been received. Mr. Anderson pointed out that in 1981, the property was zoned EFU 20, so that even if the claim were based on the acquisition date, it is unlikely a partition would have been allowed. The claimants have been through an extensive land use process. Bob Lovlien, attorney for the claimants, admitted that they may be grasping at straws, but based on the number of foreclosures in the late 1970's, they ended up with tax lots that they can do nothing with. They thought they were legal lots of record at the time. They are the sole owners of Sunray, Inc. They have owned the parcels for a long time but can't do anything with them. Being no other testimony offered, Chair Daly closed the hearing. 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. 2007-066, a Measure 37 Claim (Elliott). Minutes of Board of Commissioners' Meeting Monday, March 19, 2007 Page 6 of 14 Pages Mr. Anderson stated that this is a claim regarding a single parcel owned by Kathleen Elliott. The parcel is off Pershall Way, outside of the Redmond urban reserve area, west of Highway 97. The property consists of twenty acres zoned surface mining; it is in fact a cinder pit. The claimant wishes to subdivide it for residential use. The claim is for $800,000. Ownership is through a revocable trust, one of several of the property. Ms. Elliott acquired the property with her husband on February 6, 1964. The trust was established in 1992. In 1965 there was no zoning in effect. Surface mining zoning was applied in 1979 and reapplied in 1990, and basically protects the mineral extraction rights. There is a process to rezone the property after the resource is exhausted. Measure 37 would remove the zoning designation. There could be quite a bit of site preparation necessary; it is unknown if a DOGAMI permit is in place that would require reclamation. Ed Fitch, an attorney for Kathleen Elliott, said they have no objection to the proposed Order as written. Being no further testimony offered, Chair Daly closed the hearing. BANEY: Move approval. LUKE: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. 8. Before the Board was a Public Hearing and Consideration of an Appeal of the Hearings Officer's Decision on File No. TP-06-977/A07-1 (Applicant: Arnett - C Corp Homes; Jordan Lane at NE 5th Street, near O'Neil Way). Chair Daly read the opening statement. (A copy is attached as Exhibit A) In regard to conflicts of interest, bias or prejudgment, Commissioner Baney said she has met the claimants but never discussed this property. Commissioner Luke said he had none to disclose. Commissioner Daly stated that he received a letter from a neighbor, Mr. Close, asking him to recuse himself based on a previous water issue. The people live in an adjoining subdivision to the north and came in to talk when they had a problem with excess water from the Arnett property flooded their land. Minutes of Board of Commissioners' Meeting Monday, March 19, 2007 Page 7 of 14 Pages Commissioner Daly said he met with the people and Paul Blikstad to determine whether it was a County-controlled issue, which it was not. Mr. Arnett then contacted the Close's to work out some type of agreement. He said the Close's want him to recuse himself because he knows the Arnetts. But that is not what is before the Board today. They also think he had something to do with the building of the large pond in the subdivision, but that was in fact constructed by Commissioner Day's brother. He said he does know the Arnetts, who have been in business in Redmond for many years. He worked for them on occasion over the years, and they did contribute to his campaign in the past. He also knows Mr. Koon, who is a builder in the Redmond area, and Mr. Koon also contributed as did a hundred other people. Laurie Craghead asked if Commissioner Daly feels that the contributions and prior relationships won't bias him in any way. Commissioner Daly confirmed that is correct; he has no financial interest in this subdivision being approved or not, and he will not be biased in any decision in that regard. Commissioner Daly opened the hearing for challenges from the audience. None were offered. Commissioner Luke noted that per the Hearings Officer's decision, the applicant is C Corp Homes, John Arnett.. If the owner got a Measure 37 waiver, how can the applicant be different. The waiver at this time is not transferable. Laurie Craghead stated that the owner also signed off, and that the applicant is an agent of the owner. Paul Blikstad said for the record that the Watermaster was asked to be present to answer questions if needed, as has a representative of the Road Department. He said that C Corp wants to develop a 41-lot subdivision in an EFU zone. Per the Measure 37 claim, there were no regulations in place when the property was acquired on March 11, 1969. A hearing was held on October 23, 2006, and the record was left open for a period of time. A decision by the Hearings Officer was made on January 26, 2007 to deny the application. Minutes of Board of Commissioners' Meeting Monday, March 19, 2007 Page 8 of 14 Pages Three primary reasons were listed for denial. The water supply report did not clearly demonstrate ground water supply issues; fire code requirements for fire protection were not met; and a traffic study did not address problem intersections. Documents were subsequently submitted regarding water use, a hydrology report was added, and an updated traffic impact analysis was received. Commissioner Luke asked if they were available and were mentioned at the hearing, but were just not included in the record. Mr. Blikstad replied that they were mentioned but didn't get into the record. The other report came in later. Mr. Blikstad said in staff's opinion, the first issue, based on input from the Water Resources Division on March 7, 2007, it appears there is adequate water supply for this project from the aquifer. As indicated by the applicant on March 125 they are proposing a public water system. The issue of water has been resolved. And with a reservoir, there should be adequate water for fire control. In regard to traffic issues, Jordan Lane is a fairly narrow paved road. The Road Department took measurements and determined that adequate site distance is there and is not an issue. Concerning the O'Neil Junction intersection, the March 12 letter argues that, based on Code, a certain level of traffic is allowed and denial is not warranted. He has checked with the Road Department but has not received confirmation regarding the impacts; clarification is warranted in this case. George Kolb testified that he did not bring up the intersection as the main concern was the site distance issue on Jordan Road. Commissioner Daly said that the study shows the number of trips is not an issue. Commissioner Luke said he has been involved in a study with ODOT, and with the interchange coming in to the north end of Redmond, most people won't be using O'Neil Junction in the future. Mr. Blikstad confirmed that per ODOT, the reroute should be done by the end of 2008. Ms. Craghead said that one issue brought up was case law regarding the failure of intersections, but she has not yet located the case. The other issue is that the entire file is now before the Board, including the Measure 37 file. The applicant transcribed the Hearings Officer's hearing, which is included in the record as well. Minutes of Board of Commissioners' Meeting Monday, March 19, 2007 Page 9 of 14 Pages Mr. Blikstad said the applicant addressed the issue of wetlands in a letter, and confirmed that the ponds are not registered with the State or Federal government as wetlands. Central Oregon Irrigation District deems the canals under their jurisdiction. The applicant claims there are no wetlands on the property and asked for a change in the Hearings Officer's ruling. Staff would prefer to get something in writing from the Oregon Department of State Lands indicating the ponds are not considered wetlands. Commissioner Luke pointed out that they used to declare farmers' ponds as wetlands, which meant they could not clean up or expand their ponds. He agreed a letter from the State is a good idea. Commissioner Luke said that Measure 37 claims are not transferable at this time, pending court or legislative action, and that the appeal was signed just by one applicant. Ms. Craghead replied that there is a letter in the file from the Arnetts authorizing C Corp to be their agent. Chair Daly opened the hearing for testimony at this time. Kyle Gorman, Manager of the Oregon Water Resources Department, commented on water availability. Based on terminology in a preliminary report of the applicant, the Water Resources Department says that well interference is not an indicator of whether water is available. This has been clarified. In his opinion, there is adequate water available for this subdivision. The latest water report shows that the aquifer is quite capable on handling this proposed use. Ed Fitch, attorney for the applicant, said he was not involved in the application process at the beginning, and sometimes it is necessary to manage the consultants. There was a perception at the hearing that confused staff and others. The applicant went through a rigorous public process, including multiple meetings with the neighbors in the area. Some proposals were not well received by the neighbors, so revisions were made. The only people who showed up at the last meeting were supportive. Regarding the Hearings Officer's decision, the one regarding water was the easiest to clarify. There was a misperception that there would be 41 new wells. The supplemental report clarified that there would be one well, with a reservoir to generate flow for fire control and domestic needs. The Hearings Officer perceived a huge amount of water being drawn down, but this was in error. Minutes of Board of Commissioners' Meeting Monday, March 19, 2007 Page 10 of 14 Pages The second issue, fire flow, is addressed by the reservoir. One issue was Pershall Road. Once the major interchange is completed, most people will not use Pershall Road to go south. Mr. Fitch said that he doesn't believe it will be used for southbound traffic at that point. ODOT has already started work on the infrastructure. He clarified that the applicant does not consider the Measure 37 waiver transferable. C Corp is an agent for Mr. Arnett, who is in control. The rights granted are attributable to him. The last issue, regarding Amber Lake and tail water issues, addresses significant water from the south to the Arnett property to the Meadows. A pond was built to address problems on the Equestrian Meadows property. Mr. Arnett helped clean out the dry well but does not own it. This will not be an issue with this subdivision. He met with Mr. Freeborne regarding channeling the water to the Arnett property channels. They plan to leave the irrigation ponds to maintain the pasture areas. COID explained that they consider the canals their sole jurisdiction. Language is recommended to maintain the irrigation ponds and canals, and that they can be relocated only with the written approval of COID. The only other condition to clarify is to control and channel tail waters. Commissioner Luke said that in most cases, canals are rights of way. Mr. Fitch agreed. Commissioner Daly asked how the lots would be irrigated. Mr. Fitch said this would be done as it has been historically handled - irrigation out of the ponds with pipe lines. Gary Judd of Sage Engineering testified that the new overpass will handle the traffic; according to ODOT the intersections are not failing. The service level defines the time delay at the stop signs; using these criteria, every intersection on Highway 97 fails. No one uses those criteria. All traffic will go to North Canal. This intersection probably should not have been included in the study done years ago. Commissioner Baney asked for clarification regarding the timing of the construction of the intersection. Minutes of Board of Commissioners' Meeting Monday, March 19, 2007 Page 11 of 14 Pages Mr. Fitch stated that the ODOT website anticipates an October 2008 completion date. If the subdivision goes forward, the infrastructure will be done in the spring, and home construction won't begin until summer or fall. The first home might be ready about the same time the reroute is completed. The traffic impacts will be negligible. Commissioner Luke observed that total impact is when the subdivision is built out, and a few homes won't make a big difference. David Newton of Newton Consultants testified; he is a civil engineer and a water rights examiner in Oregon. He said he has been working with cities in the basin and other groups for years. He wrote the water report and doesn't know why it didn't get into the record at the time. He said they originally looked at 100 lots, but the neighbors were concerned about the impacts. The project was then scoped down to 41 lots. The first report was done in that context, with a domestic well on each lot. Water was available, but this could have potentially increased draw-down problems and result in well interference. Through further work they decided on a community system, which would also address fire flow issues. The October 23 report is consistent with Code. The Fire Marshall was contacted and there will be on principal well and a 220,000 gallon steel tank reservoir, with a backup well. The reservoir will supply fire flow needs to the hydrants, and provide a day's domestic supply of water. All the Hearings Officer had was the original memo. The system will allow 50 to 80 gallons per minute with a minimal drawdown, allowing plenty of water for this project. Bill Hopp, an attorney for R. L. Freeborne, a neighbor, then testified. He said he doesn't oppose the development. (He said he had submitted testimony to the Hearings Officer.) He said that documents provided to the Hearings Officer contained a letter from Evans and Associates voicing concerns about natural drainage, tail water, snow melt and rain. His client wants to be sure nothing blocks the natural drainage. The applicant, Mr. Fitch, Mr. Freeborne and Mr. Hopp met and agreed that there will be no blockage of the drainage. The Hearings Officer included this as a condition of approval. Mr. Freeborne continues to be concerned, and wants to be sure the drainage is handled properly. No further testimony was offered. Minutes of Board of Commissioners' Meeting Monday, March 19, 2007 Page 12 of 14 Pages Commissioner Luke left at this time, due to another commitment. After a brief discussion, the Board left the hearing open for one week; Mr. Fitch waived the rebuttal period. Mr. Fitch is to provide clarification that Mr. Arnett has C Corp acting as his agent, and will obtain a letter from the State regarding the ponds not being wetlands. The Newton Engineering and McKenzie traffic reports will be included. Mr. Fitch agreed to extend the deadline to May 7, 2007. Ms. Craghead clarified that if the Board approves the appeal, Mr. Fitch will provide the initial draft of findings. BANEY: Move that the deadline for documents to be submitted is 5:00 p.m. on March 26, 2007, allowing one week for Board review. Deliberations will be conducted on April 2, 2007. DALY: Second. VOTE: BANEY: Yes. DALY: Chair votes yes. OTHER ITEMS (These items were addressed earlier in the meeting.) 9. Before the Board was a Hearing (continued from December 4, December 11 and January 22) and Consideration of Signature of Order No. 2007-026, a Measure 37 Claim (Claimant: Reames). Mark Pilliod stated that the attorney for the claimant asked that the Order be approved as previously written, with the exception of the date of the Order. Being no testimony offered, Chair Daly closed the hearing. BANEY: Move approval. LUKE: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. Minutes of Board of Commissioners' Meeting Monday, March 19, 2007 Page 13 of 14 Pages 10. Before the Board was Consideration of Signature of Resolution No. 2007- 037, Authorizing the Financing of a Local Improvement District Project (Pumice Butte LID). George Kolb stated that they are trying to determine if this issue passed; there was a question about mail theft. One woman who said she voted for it said her ballot was stolen and not counted. They are waiting for a letter from her in that regard. It will go to a remonstrance hearing if the letter is received. LUKE: Move approval. BANEY: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. Being no further items to come before the Board, Chair Daly adjourned the meeting 11:55 a. m. DATED this 19th Day of March 2007 for the Deschutes County Board of Commissioners. - - I 4Z, i~ ichael Nly, hair ice ATTEST: Tammy Baney, C 6MAki., Recording Secretary Attachments Exhibit A: Preliminary statement, Arnett/C Corp Homes Appeal Exhibit B: Sign-in cards Exhibit C: Agenda sioner Minutes of Board of Commissioners' Meeting Monday, March 19, 2007 Page 14 of 14 Pages Board of County Commissioners Measure 37 Hearing Process The Board of County Commissioners is now ready to open the hearing on a Claim brought against the County pursuant to Ballot Measure 37. The hearing before the Board is quasi-judicial, but not a land use decision. This proceeding is the only hearing provided by the County under the County code provisions which implement Ballot Measure 37. The Board's decision will be based upon the material submitted to the county and the Board. The County code provides that only the claimant and those persons who are entitled to written notice of these proceedings from the County will be given an opportunity to offer oral testimony bearing on the claim. This hearing is not open for comments from members of the general public or from those persons outside the notification area. The decision by the County on this matter will be memorialized in a Final Order. The Final Order will be recorded in the Clerk's Office. The criteria for this decision involving a claim under Ballot Measure 37 is contained within Chapter 14.10 of the Code. The applicable criteria are as follows: 1. The Claimant is the owner of the subject property; and 2. The Claimant or a family member has owned the subject property continuously since before adoption or the effective date of a county land use regulation; 3. The County's land use regulation is not exempt from challenge under Ballot Measure 37; and 4. The County's land use regulation has caused a reduction in the value of Claimant's property. If the Board determines that the criteria for compensation payment pursuant to Ballot Measure 37 has been established, and the claim is eligible, it may by written order decide that the county's land use regulation be modified, not applied to the claimant's property, or it may elect to pay compensation based upon the reduction in value attributed to the subject regulation. The County's decision will not result in the issuance of a building permit, or authorize any other development on the property in question. The decision does establish which historical County land use regulations shall be applied to a future development application on the property by determining the acquisition date of the current owner. In certain cases specific land use regulations may be waived. Exempt regulations relating to health and safety and procedural rules are generally not waived. Furthermore, the County's decision is not intended as having any effect on land use or other regulations adopted by other government entities, such as the State of Oregon or LCDC. Testimony, arguments and evidence must be directed toward the criteria described above, or other criteria, which the person believes to apply to the decision. Failure to raise an issue accompanied by statements or evidence sufficient to afford the Board and the parties an opportunity to respond to the issue, may preclude judicial review based on that issue. The order of presentation is as follows: 1. The County Administrator's report and recommendation. 2. Claimant's presentation. 3. Witnesses who oppose the Claimant's position. 4. Rebuttal by the Claimant. 5. If new information is presented by the Claimant, then rebuttal by the witness in opposition. Any person that is interested in this matter may challenge the qualification of any Commissioner to participate in the hearing and decision. Such challenge must state facts relied upon by the party to a Commissioner's bias, prejudgment, personal interest, or other facts from which the party has concluded that the Commissioner should not participate as they are not impartial. Such challenge must be made prior to the commencement of the public hearing, and will be incorporated into the record of this hearing. Does anyone wish to challenge any commissioner's ability to hear this matter? If so, please say so now? Hearing no challenges, I will proceed. IF YOU WISH TO TESTIFY Please complete this card & turn it in to a Count staff person. Name: LWk~L C-6 0-a V\ Mailing Address: jl~'F 1~t~) g'~J Phone 3-F1 - SSa (d E-mail Address: Date: 5 Subject: IF YOU WISH TO TESTIFY IF YOU WISH TO TESTIFY Please complete this card & turn it in to a County staff person. Name: ~0,, / w, ~C•, Mailing Address:,/. 9 Al-kl, G,,eeh I,4 a e ,j 00 q77-9) Phone .sy/_ 9$ - 3 6 O L E-mail Address: L, (IQ , aPo _0 %,V, ~1T Date: 3 /(q, Subject: -r- r- o G ei -7 7~ Please complete this card & turn it in to a County staff person. Name: C Mailing Address: (AW ~-z_7,Vt~ Phone q z E-mail Address: Date: Subject: c.- ' X37 -~3 z Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.oriz BUSINESS MEETING AGENDA - LAND USE DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., MONDAY, MARCH 19, 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. A HEARING (continued from February 26) and Consideration of Signature of Order No. 2007-114, a Measure 37 Claim (Miltenberger) - Mark Pilliod, Legal Counsel; Tom Anderson, Community Development Department 3. A HEARING and Consideration of Signature of Order No. 2007-062, a Measure 37 Claim (Warner) - Mark Pilliod, Legal Counsel; Tom Anderson, Community Development Department 4. A HEARING and Consideration of Signature of Order No. 2007-063, a Measure 37 Claim (Davis) - Mark Pilliod, Legal Counsel; Tom Anderson, Community Development Department 5. A HEARING and Consideration of Signature of Order No. 2007-064, a Measure 37 Claim (Whitaker) - Mark Pilliod, Legal Counsel; Tom Anderson, Community Development Department 6. A HEARING and Consideration of Signature of Order No. 2007-065, a Measure 37 Claim (Sunray) - Mark Pilliod, Legal Counsel; Tom Anderson, Community Development Department Board of Commissioners' Business Meeting Agenda Monday, March 19, 2007 Page 1 of 7 Pages 7. A HEARING and Consideration of Signature of Order No. 2007-066, a Measure 37 Claim (Elliott) - Mark Pilliod, Legal Counsel; Tom Anderson, Community Development Department 8. A PUBLIC HEARING and Consideration of an Appeal of the Hearings Officer's Decision on File No. TP-06-977/A07-1 (Applicant: Arnett - C Corp Homes; Jordan Lane at NE 5th Street, near O'Neil Way) - Paul Blikstad, Community Development Department 9. 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 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 7:30 a.m. Bend Chamber of Commerce City Forecast Breakfast - Bend Country Club 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 19, 2007 Page 2 of 7 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 10:00 a.m. Parole & Probation Department Update 11:00 a.m. Commission on Children & Families' Update Friday, March 23, 2007 Veterans' Appreciation Day, Fair & Expo Center 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 7:30 p.m. Legislative Update Conference Call 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) Thursday, March 29, 2007 9:00 a.m. Budget Committee Interviews 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) Board of Commissioners' Business Meeting Agenda Monday, March 19, 2007 Page 3 of 7 Pages ! I, Tuesday, April 3, 2007 1:00 P.M. Budget Committee Interviews 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 Tuesday, April 10, 2007 7:30 a.m. Legislative Update Conference Call Wednesday, April 11, 2007 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, April 12, 2007 12:00 noon Audit Committee Meeting Monday, 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 Board of Commissioners' Business Meeting Agenda Monday, March 19, 2007 Page 4 of 7 Pages 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, Aril 24, 2007 7:30 a.m. Legislative Update Conference Call 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) 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) 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) Board of Commissioners' Business Meeting Agenda Monday, March 19, 2007 Page 5 of 7 Pages r Tuesday, May 8, 2007 7:30 a.m. Legislative Update Conference Call Wednesday, May 9, 2007 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Tuesday, May 15, 2007 10:00 a.m. Measure 37 Hearings Thursday, May 17, 2007 7:00 a.m. Regular Meeting with the Redmond City Council, Redmond Council Chambers 9:00 a.m. Juvenile Community Justice Update 10:00 a.m. Parole & Probation Department Update Monday, May 21, 2007 10:00 a.m. Board Land Use Meeting 1:00 P.M. Budget Meetings Tuesday, May 22, 2007 1:00 P.M. Budget Meetings Wednesday, May 23, 2007 8:30 a.m. Administrative Work Session (tentative) 10:00 a.m. Board of Commissioners' Meeting 1:00 P.M. Budget Meetings Thursday, May 24, 2007 1:00 P.M. Budget Meetings Board of Commissioners' Business Meeting Agenda Monday, March 19, 2007 Page 6 of 7 Pages Friday, May 25, 2007 1:00 P.M. Budget Meetings Monday, May 28, 2007 Most County offices will be closed to observe the Memorial Day Holiday. Wednesday, May 30, 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 Page 7 of 7 Pages Monday, March 19, 2007 ,`J-TEg Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org ADDITIONS TO THE AGENDA BOARD OF COMMISSIONERS' MEETING MONDAY, MARCH 19, 2007 1. A HEARING (continued from December 4, December 11 and January 22) and Consideration of Signature of Order No. 2006-170, a Measure 37 Claim (Claimant: Reames) - Tom Anderson, Community Development Department; Mark Pilliod, Legal Counsel 2. CONSIDERATION of Signature of Resolution No. 2007-037, Authorizing the Financing of a Local Improvement District Project (Pumice Butte LID) - Marty Wynne, Finance Department