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2007-446-Minutes for Meeting January 29,2007 Recorded 4/17/2007COUNTY NANCYUBLANKENSHIP,P000NTY CLERKDS COMMISSIONERS' JOURNAL 111111111 111111 04/17/2007 04:00:30 PM 2007-4 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 ~ti3~ E S C~ Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.orc MINUTES OF BUSINESS MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, JANUARY 29, 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 George Read, Catherine Morrow and Terri Payne, Community Development Department; Laurie Craghead, Legal Counsel; media representative Keith Chu of the Bulletin; Jeff Mullins of KBND Radio; and a person from News Channel 21; and approximately thirty 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 were Deliberations on a Decision regarding a Proposed Text Amendment (TA-04-4): Destination Resort Zoning Code: Terri Payne gave an overview of the item, and explained this is a work session for the Board to deliberate the issue. Additional public testimony has been received since the hearing and has been provided to the Commissioners. The options are to adopt the changes as submitted; adopt the amendment as submitted by the Planning Commission, adopt with Board changes, or to not adopt it at all at this point. Commissioner Daly stated that he did not receive the Planning Commission's recommendations with his packet. Ms. Payne stated they had been provided earlier. She gave him another copy at this time. Minutes of Board of Commissioners' Business Meeting Monday, January 29, 2007 Page 1 of 5 Pages Commissioner Luke said that this has been difficult to follow without a program. There have been a lot of different options offered and a lot of hearings. Staff and the Planning Commission have recommendations, and there has been a lot of public testimony. He said it would be helpful to have a one or two page document with decision points that the Board can review, followed by an additional work session. Commissioner Daly agreed that it is complicated because of the amount of material involved. The decision points come down to a couple of issues - the ratio of housing to rental units is one of them. Commissioner Luke said that going from the 38 weeks from 45 weeks, and the bonding issue, are his concerns. He stated he likes what is in place at this time but there are other options under State law. This could have a big effect on how the development is handled. And the Board didn't spend a lot of time discussion the 38 versus the 45 days. Ms. Payne said that State law for Eastern Oregon only requires them to be available for 45 weeks so they don't become residences. Statute allows 38 weeks a year, and allows for a property manager to handle the properties, instead of just the resort itself. In regard to monitoring, there was a reporting requirement added by the 2003 legislature. This requires the resorts to report the status of the units, the ratio of overnight and individually owned units, and if they are individually owned, how many weeks they are available for rent. Commissioner Luke asked how staff feels about allowing a property manager to handle them, instead of just the owner or the resort. Ms. Payne replied that there was not a lot of discussion on that. This provides flexibility, and works as long as the County can get the necessary numbers to keep track of what is going on. Commissioner Luke pointed out that Sunriver does not fall under these rules, and many units there are managed by individuals. The same applies for Black Butte Ranch and the Seventh Mountain. There are some precedents in Oregon regarding property managers; they still have to turn in reports for room tax purposes. He said he finds the 2 or 2.5 ratios confusing. There has been testimony this is allowed by State law, but the language conflicts with that in the Goal. Minutes of Board of Commissioners' Business Meeting Monday, January 29, 2007 Page 2 of 5 Pages Ms. Payne noted that it is confusing. When the State updated statues in 20031 they added three-prong phasing to comply with statute. When the 1993 changes happened, they moved the ratio information and only referred to the first 75 units. This was copied in 2003, changing the 2.5 ratio to only the first 50 units, but only if you phase them in. But then the Goal came along and copied it over to statute, and left the overall 2:1 ratio at the top; usually these mirror each other. As a result, they conflict and this has not been corrected. She said she can find no one who thinks this was intentional. DLCD wrote Goal 8. Commissioner Luke said that DLCD is the appointed body, and if there is a conflict the ORS would typically take precedence. Laurie Craghead agreed; if there is a mandate, it does take precedence. There is case law that shows that if it is more restrictive, it doesn't necessarily mean there is something wrong with the Administrative Rule. Commissioner Luke stated that most resorts have some kind of bonding in place. He understands that the bonding would change with this. He asked if the first fifty units have to be built before the plat is signed. Ms. Craghead replied they have to be constructed but can't be bonded. The others can be, though. Commissioner Luke pointed out that signing a plat is a land use action that can be appealed. Someone could invest a lot into building fifty units, but if there is an appeal after the plat is signed, they would not be able to sell them. Ms. Craghead stated that she isn't sure it could be appealed at that point. Commissioner Luke said that if a bond is in place, the Commissioners can sign the plat so they can make lot sales. He asked if this would change. Ms. Craghead stated that a Hearings Officer's decision regarding Caldera Springs found the bonding of all units was more restrictive; however, this has not been appealed at this point. Commissioner Luke said that he is more comfortable with a bond in place; this is a great incentive to complete the project. Ms. Craghead noted that this was raised on appeal for Thornburgh, and is in dispute. Commissioner Daly asked that if a bond is in place, in reality if one of the destination resorts does not follow through with a building, the County would have to take over the project and finish it. Ms. Craghead said if it was bonded by the County; or the bonding company could do it. Minutes of Board of Commissioners' Business Meeting Monday, January 29, 2007 Page 3 of 5 Pages Commissioner Daly stated that he doesn't want the County to be in the destination resort business. Evidently Pronghorn is not coming up with the required number of units; what does the County do at this point. Ms. Craghead said that the bond gives license to the County to enter the property to do the construction, but cannot run them. This could also be a code enforcement issue. Commissioner Luke said the required investment was updated from $4 million to $7 million. He asked if there was any opposition to this. Ms. Payne noted that this was part of the applicant's proposal and is required by statute. Commissioner Luke asked if they have a problem with the annual reporting. Ms. Payne said there was no opposition. In regard to the natural resources portion, Ms. Payne explained that the statewide Goal addition needs to go into Code. This relates to wetlands and wildlife habitat. Ms. Craghead said that the statute talks about the first fifty units being constructed prior to sale, but this might not be required prior to the signing of the final plat. Commissioner Baney complimented staff on the material submitted, and said it would be helpful to have an options list. The other thing that would be helpful to both her and citizens would be to know when a decision might be made; she did not want this issue pushed out too far. Commissioner Daly asked what the contentious issues are; he only sees one. Ms. Payne said that the ratio is the big one. The public emphasized how resorts are now being used, but without understanding the current land use impacts it is hard to know how raising the residential numbers would change that. This is probably the other big issue. Commissioner Daly said that it appears staff would prefer nothing changes until the legislature sorts out the legalities. He added that he feels there is a legislative fix possible. Commissioner Baney stated there are other items in Code that need to be clarified or update. This is a perfect time to make those decisions, if for nothing else than to be put into compliance with the State. Minutes of Board of Commissioners' Business Meeting Monday, January 29, 2007 Page 4 of 5 Pages Commissioner Daly asked if there is something the Board should fix before the legislature gets to it. Commissioner Luke observed that some things could be delayed, but he would like to resolve some of the issues that need to get done. He added that the other thing is again, from a citizen standpoint, Sunriver, Black Butte Ranch and the 7th Mountain are not destination resorts. Eagle Crest is the largest in the area. A lot of groundwork was handled then. When you look at how they applied, they didn't fall under destination resort rules. Up until recently, probably about the time of Pronghorn, most were sited by the legislature. He added that he would like to see the County come into line with State law as much as possible, but there shouldn't be two or three different sets of standards. There are perceived conflicts between State Goals and statute, but this needs to be resolved by the State. The County should make as many decisions as possible on the other issues. After further discussion, it was decided that Ms. Payne will put together appropriate documents and schedule a meeting to discuss them. Commissioner Baney stated that she would like to see this resolved as soon as possible. Being no further items to come before the Board, Chair Daly adjourned the meeting at 10.35 a.m. DATED this 29th Day of January 2007 for the Deschu Board of Commissioners. A 4 Y3 Luke, Vice ATTEST: Tammy Recording Secretary County oner Minutes of Board of Commissioners' Business Meeting Monday, January 29, 2007 Page 5 of 5 Pages Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org BUSINESS MEETING AGENDA - LAND USE DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., MONDAY, JANUARY 29, 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. DELIBERATIONS on a Decision regarding a Proposed Text Amendment (TA-04-4): Destination Resort Zoning Code - Terri Hansen Payne, Community Development Department 3. 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, January 29, 2007 Page 1 of 5 Pages Monday, January 29, 2007 10:00 a.m. Board Land Use Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, January 31, 2007 8:30 a.m. Interviews - Fair Board 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, February 1, 2007 7:00 a.m. Regularly Scheduled Meeting with the Redmond City Council, Council Chambers Friday, February 2, 2007 6:00 a.m. Sunriver Chamber of Commerce Annual Installation Dinner, at Sunriver Monday, February 5, 2007 10:00 a.m. Board Land Use Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) 3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council) 6:00 p.m. The Group Meeting at White House behind Les Schwab Amphitheater Wednesday, February 7, 2007 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, February 8, 2007 8:30 a.m. Fair Board Meeting (Tentative) Tuesday, February 13, 2007 9:00 a.m. Board of Commissioners' Meeting - Measure 37 Claims Board of Commissioners' Business Meeting Agenda Monday, January 29, 2007 Page 2 of 5 Pages Wednesday, February 14, 2007 10:00 a.m. Board of Commissioners' Meeting 11:15 a.m. Legislative Update Conference Call 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, February 15, 2007 7:00 a.m. Bend Chamber of Commerce Legislative Policy Council Meeting, at County Monday, February 19, 2007 Most County offices will be closed to observe Presidents' Day Wednesday, February 21, 2007 9:30 a.m. Community Fire Plan Signing, at Sunriver Library 12 noon Regularly scheduled Department Heads Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, February 26, 2007 10:00 a.m. Board Land Use Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, February 28, 2007 10:00 a.m. Board of Commissioners' Meeting 11:15 a.m. Legislative Update Conference Call 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, March 5, 2007 10:00 a.m. Board Land Use Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) 3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council) Board of Commissioners' Business Meeting Agenda Monday, January 29, 2007 Page 3 of 5 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) Tuesday, March 13, 2007 9:00 a.m. Board of Commissioners' Meeting - Measure 37 Claims Wednesday, March 14, 2007 10:00 a.m. Board of Commissioners' Meeting 11:15 a.m. Legislative Update Conference Call 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, March 15, 2007 7:00 a.m. Regularly Scheduled Meeting with the Redmond City Council, Council Chambers Monday, March 19, 2007 1:30 p.m. Administrative Work Session - could include executive session(s) Tuesday, March 20, 2007 10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee Wednesday, March 21, 2007 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, March 26, 2007 10:00 a.m. Board Land Use Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, March 28, 2007 10:00 a.m. Board of Commissioners' Meeting 11:15 a.m. Legislative Update Conference Call 1:30 p.m. Administrative Work Session - could include executive session(s) Board of Commissioners' Business Meeting Agenda Monday, January 29, 2007 Page 4 of 5 Pages Monday, April 2, 2007 10:00 a.m. Board Land Use Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) 3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council) Wednesday, April 4, 2007 10:00 a.m. Board of Commissioners' Meeting 11:15 a.m. Legislative Update Conference Call 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, April 5, 2007 8:00 a.m. Regular Meeting with the City of Sisters Council, Sisters City Hall Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY. Please call (541) 388-6571 regarding alternative formats or for further information. Board of Commissioners' Business Meeting Agenda Monday, January 29, 2007 Page 5 of 5 Pages