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2007-509-Minutes for Meeting April 16,2007 Recorded 5/11/2007DESCHUTES COUNTY OFFICIAL RECORDS yJ 2VV1~549 NANCY BLANKENSHIP, COUNTY CLERK COMMISSIONERS' JOURNAL 05/11/2007 1127;22 AM 1111111111111111111111111111111 2007-508 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.oriz MINUTES OF BUSINESS MEETING - LAND USE DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, APRIL 16, 2007 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioner Michael M. Daly, Dennis R. Luke and Tammy Baney. Also present were Mark Pilliod and Laurie Craghead, Legal Counsel; Tom Anderson, Catherine Morrow and George Read, Community Development Department; and six other citizens, including a reporter from Fox TV. The Measure 37 opening statement was distributed. 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- 162, a Contract with Elk Horn Land Development for the Purchase of Quadrants in the Newberry Neighborhood. Laurie Craghead explained that this contract has been in negotiations since August 2006. The County went out for a request for proposals for the New Neighborhood, and Pahlisch was the successful bidder. An original contract and numerous addendums have been approved over time, and the new contract will consolidate and replace the previous documents. Changes have been negotiated, the price is higher and the structure of the payments has been simplified. The SDC payment amount has increased as well. Minutes of Board of Commissioners' Business Meeting Monday, April 16, 2007 Page 1 of 6 Pages The number of other builder lot has been decreased and the location has been changed; this is due in part because there was not much response from other builders when the lots were offered for sale. Some lots will be donated to Habitat for Humanity as well, along with the house plans. Commissioner Luke stated that he wants some assurance that others will be able to build in the area. Ms. Craghead said they advertised first in the La Pine area and there was no interest; they then advertised in other areas and there were few buyers, most of whom sold the lots at a profit instead of building. Commissioner Baney said that no one bought more than five lots in the past. Commissioner Daly stated the market was unknown at the time of the first offering and there could be more interest in the lots at this point. He said the purpose of making these lots available for locals was to offer them an opportunity to participate. Tom Anderson stated that in Quadrant 2-C the lots were marketed to others, and Pahlisch should do the same with the other Quadrants. They have not been required to do so but have done this marketing anyway. Commissioner Baney asked if the lots in the other Quadrant are now available. Ms. Craghead said that the ones that would be on the market had never been offered previously. The major points of these negotiations have been brought to the Board in several instances. Commissioner Luke explained that the intention was to have deed restrictions in place to make sure the homes are built within a specific period of time and will not sell the lots without first building. If a citizen wants to buy a lot and won't build right away, they should be able to do so, although the opportunity to "flip" the lots exists. Ms. Craghead stated that they have to build out a Quadrant 50% before going to the next one. Commissioner Luke said that this puts restrictions on the competition and giving Pahlisch an advantage over other builders. Commissioner Baney stated she agrees with the deed restriction. Ms. Craghead said the lots are to be sold below market and Pahlisch does not want others to buy the lots and turn them over for a big profit. Pahlisch also has to pay the TDC amount on top of the cost of the land. Commissioner Daly expressed concern about this. Commissioner Luke stated that Pahlisch has been subsidized by the County through SDC's. He does not want to support giving Pahlisch an advantage. Minutes of Board of Commissioners' Business Meeting Monday, April 16, 2007 Page 2 of 6 Pages Commissioner Luke said if someone wanted to resell a lot within a certain period of time, perhaps they should have to share the profits with Pahlisch. Commissioner Baney stated there is only so much you can do, and her only concern is that someone could not hold on to the land as an investment. Commissioner Daly said that the market value changed a lot from the first contract, and he would like to know what the market value of a lot is now. Commissioner Baney said that this has been negotiated over a long period of time and due diligence has been done. Commissioner Luke stated that everyone needs to be treated equally. Ms. Craghead said that in the first Quadrant, some lots were purchased and flipped and another building left the sites messy. Their goal is to make the community whole instead of waiting for years to have homes built. They are also responsible for the infrastructure. Commissioner Baney said that there needs to be common ground, and perhaps the County could require that they have consistent deed restrictions and the same time requirements. Commissioner Daly stated that basic property rights should not be limited. Commissioner Luke said that Pahlisch could go into a partnership and take over all the lots, which would not allow other local builders and individuals a chance. Commissioner Daly stated that Pahlisch is a master developer and has good oversight of his projects, but he wonders what the market value of the lots truly is. Ms. Craghead said that if there is an anti-flipping clause, she is unsure how would that be handled by Pahlisch. Commissioner Luke stated that this is market driven and should not be restricted to five lots. Tom Anderson said there was an appraisal done earlier. Commissioner Baney stated that negotiations were for a stated price and consistency is important. Commissioner Luke said that he will not support this contract if the terms for other potential buyers are different from that required by Pahlisch. Commissioner Baney agreed. Mr. Anderson said that he will make arrangements with Pahlisch to work out some of the details. He added that this has long history and the property sold in the remaining Quadrants will be sold below market. The original plan was $24,000 per acre, and was an open bidding process Pahlisch took a lot of risk taking on this project originally, so the price of the property remained the same even though there are inflationary factors in effect over time. Minutes of Board of Commissioners' Business Meeting Monday, April 16, 2007 Page 3 of 6 Pages 3. Before the Board was a Hearing (continued from April 2) and Consideration of Signature of Order No. 2007-070, a Measure 37 Claim (Clement). Mark Pilliod stated that the Commissioners wanted some additional time and information regarding the nature of the original acquisition. Some new information has been received, which reinforces the conclusion the claimant wants regarding adverse possession. There is a letter from an attorney from the 1960's, and the documents also included the water rights situation. The Order and staff report were changed accordingly, back to the 1960's, prior to zoning laws. This land is adjacent to other property that has already been approved for a claim. Chair Daly opened the hearing at this time. Lisa Klemp, an attorney for the claimant, came before the Board and said her clients agree with the revised Order. LUKE: Move approval. BANEY: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. 4. Before the Board was a Hearing (continued from April 2) and Consideration of Signature of Order No. 2007-073, a Measure 37 Claim (Pine Meadow Ranch). Mark Pilliod said that the attorney for the claimant has asked that the matter be continued to May. The attorney is hoping that the legislature will make changes this year that would possibly affect this issue, and have asked for a continuance to May 7. Commissioner Luke stated that it would be better to delay the matter until later in the session since the legislature may be still in session until June. Ms. Klemp said that extended it further out would be acceptable. Mark Pilliod stated that the Commissioners wanted some additional time and information regarding the nature of the original acquisition. Some new information has been received, which reinforces the conclusion the claimant wants regarding adverse possession. There is a letter from an attorney from the 1960's, and the documents also included the water rights situation. Minutes of Board of Commissioners' Business Meeting Monday, April 16, 2007 Page 4 of 6 Pages The Order and staff report were changed accordingly, back to the 1960's, prior to zoning laws. This land is adjacent to other property that has already been approved for a claim. Chair Daly opened the hearing at this time. Lisa Klemp, an attorney for the claimant, came before the Board and said her clients agree with the revised Order. LUKE: Move that the timeline for the clock be extended an additional thirty days to June 21, and that staff schedule the hearing to be continued to the June 4 Board meeting. BANEY: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. 5. Before the Board was Discussion of Specific Aspects of the Proposed Destination Resort Code Amendment (File #TA-04-4). Catherine Morrow said that the revised language for the proposed amendment is still being drafted and will be scheduled for a future meeting. 6 Before the Board was Consideration of Other Items. Commissioner Baney said that a letter regarding a gypsy moth spraying and control issue has been sent to the Board, and there are time constraints for this process. A letter will be drafted for the Board to consider at the Board's afternoon work session. Being no further items to come before the Board, Chair Daly adjourned the meeting at 11:25 a.m. Minutes of Board of Commissioners' Business Meeting Monday, April 16, 2007 Page 5 of 6 Pages DATED this 16th Day of April 2007 for the Deschutes County Board of Commissioners. Michael . Daly, C it Dennis R. Luke, Vice Chair ATTEST: 5wu".foAq Recording Secretary Tammy B(arfey, Co44issioner Minutes of Board of Commissioners' Business Meeting Monday, April 16, 2007 Page 6 of 6 Pages Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.ory, BUSINESS MEETING AGENDA - LAND USE DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., MONDAY, APRIL 16, 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 cards 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. 2007-162, a Contract with Elk Horn Land Development for the Purchase of Quadrants in the Newberry Neighborhood - Laurie Craghead, Legal Counsel 3. A HEARING (continued from April 2) and Consideration of Signature of Order No. 2007-070, a Measure 37 Claim (Clement) - Mark Pilliod, Legal Counsel; Tom Anderson, Community Development Department 4. A HEARING (continued from April 2) and Consideration of Signature of Order No. 2007-073, a Measure 37 Claim (Pine Meadow Ranch) - Mark Pilliod, Legal Counsel; Tom Anderson, Community Development Department 5. DISCUSSION of Specific Aspects of the Proposed Destination Resort Code Amendment (File #TA-04-4) - Terri Payne, Community Development Department 6. OTHER ITEMS Board of Commissioners' Business Meeting Agenda Monday, April 16, 2007 Page 1 of 6 Pages 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, 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 5:15 p.m. Dedication of Dennis Maloney Building - Juvenile Community Corrections Wednesday, April 18, 2007 1:30 p.m. Administrative Work Session - the main topic is a discussion between the Board and representatives of the Department of Environmental Quality regarding La Pine Local Rule - Groundwater Issues 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 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) Board of Commissioners' Business Meeting Agenda Monday, April 16, 2007 Page 2 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) 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) 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 Wednesday, May 16, 2007 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, May 17, 2007 7:00 a.m. Regular Meeting with the Redmond City Council, Redmond Council Chambers Board of Commissioners' Business Meeting Agenda Monday, April 16, 2007 Page 3 of 6 Pages Monday, May 21, 2007 10:00 a.m. Board Land Use Meeting 1:00 P.M. Budget Meetings Tuesday, May 22, 2007 7:30 a.m. Legislative Update Conference Call 1:00 P.M. Budget Meetings Wednesday, May 23, 2007 10:00 a.m. Board of Commissioners' Meeting 1:00 P.M. Budget Meetings Thursday, May 24, 2007 1:00 P.M. Budget Meetings Friday 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) Monday, June 4, 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) Tuesday, June 5, 2007 7:30 a.m. Legislative Update Conference Call Board of Commissioners' Business Meeting Agenda Monday, April 16, 2007 Page 4 of 6 Pages Wednesday, June 6, 2007 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, June 7, 2007 10:00 a.m. District Attorney Update 11:00 a.m. Community Development Department Update 1:30 p.m. Road Department Update Wednesday, June 13, 2007 10:00 a.m. Youth Challenge Graduation Ceremony - Fairgrounds 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, June 14, 2007 1:00 P.M. Mental Health Department Update 2:00 p.m. Health Department Update Monday, June 18, 2007 12:00 noon Regular Meeting with Department Heads 1:30 p.m. Administrative Work Session - could include executive session(s) Tuesday, June 19, 2007 7:30 a.m. Legislative Update Conference Call 10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee Wednesday, June 20, 2007 1:30 p.m. Administrative Work Session - could include executive session(s) Board of Commissioners' Business Meeting Agenda Monday, April 16, 2007 Page 5 of 6 Pages Thursday, June 21, 2007 7:00 a.m. Regular Meeting with the Redmond City Council, Redmond Council Chambers 9:00 a.m. Juvenile Community Justice Department Update 10:00 a.m. Parole & Probation Department Update Monday, June 25, 2007 10:00 a.m. Board Land Use Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, June 27, 2007 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, June 28, 2007 9:00 a.m. Fair & Expo Department Update 11:00 a.m. Commission on Children & Families' Department Update Monday, June 25, 2007 10:00 a.m. Board of Commissioners' Meeting for the Week 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, July 4, 2007 Most County offices will be closed to observe Independence Day. Thursday, July 5, 2007 7:00 a.m. Regular Meeting with the Sisters City 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, April 16, 2007 Page 6 of 6 Pages