2007-1015-Minutes for Meeting September 17,1980 Recorded 6/20/2007COUNTY
NANCYUBLANKENSHIP,F000NTY CLERKOS CJ 2007'1015
COMMISSIONERS' JOURNAL 06/20/2007 10:22:45 AM
I2 07-1015
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BOARD OF COUNTY COMMISSIONERS,
SEPTEMBER 17, 1980 - COURTDAY MINUTES
Chairman Young called the Courtday Meeting of September 17, 1980 to order at
10:00 A.M. with all three commissioners present.
The first item on the agenda was a Hearing for Frank Dean, applicant in
regards to CU-80-47. The applicant has a single-wide mobile home in an RR-10
zone as a conditional use. The hearings officer approved the conditional
use permit application, but the neighbors objected this and appealed to the
Planning Commission. As the Planning Commission turned down the hearings
officer's decision, Mr. Dean has re-appealed to the Board of Commissioners.
The property is located in Forked Horn Estates. As the Board was present at
the Planning Commission hearing on this case, the hearing will be that as was
on record. Chairman Young opened the hearing to the public for comment.
Mr. McCann, attorney for Frank Dean: Mr. McCann stated that the Planning Commis-
sion base their decision on two reasons, 1) the neighbors objections, 2)
a section of the Deschutes County Comprehensive Plan stating that single wide
mobiles may not be placed in an urban density residential area which is
already substantially developed. He also stated that he did not feel that
this area should be considered urban density residential and that it already
has mobiles on lots in this subdivision, but that they are in the back lots.
Mr. Frank Dean: stated that there are nine single-wide mobiles and two double-
wi es in the area already. Mr. Dean wished to submit pictures of these mobiles
and the relationship in the area, but as it was not on record he could not do
so. I1r, Dean also stated that his mobile was not in sight of his neighbors.
Dan Van Vactor, attorney in behalf of Mr. Dean's opposing neighbors, was the
next to testi y. Mr. Van Vactor had all opposing neighbors present stand and
give their names for the record. These names are as follows: Lorena Hurlburt,
Mrs. Ralph Berts, Mrs. William Gagnon, Mr. Willia Gagnon, Ralph C. Berts,
Lila Forrest, Marjorie Halum.
Dan Van Vactor then stated that these property owners would accept Mr. Deans
conditional use as long as it was for 18 months only and that he could get his
house built in that time limit, as it could be seen by some of the neighbors.
As there was no more public testimony, Chairman Young closed the hearing and
opened discussion with the Board. Dick Knoll, of the Planning Department,
stated that a building permit has been issued to Mr. Dean for the construction
of his house. Commissioner Paulson stated that based on the fact that the
area is considered urban density residential in the ordinance and that the
area is substantially developed, they.=mobile home should not be allowed.
MOTION: COMMISSIONER PAULSON m
Dean and that an Order
COMMISSIONER SHEPARD:
VOTE COMMISSIONER PAULSON:
COMMISSIONER SHEPARD:
CHAIRMAN YOUNG: AYE.
Dved that the Board deny CU-80-47 for Frank
be prepared to this effect.
Second.
AYE.
AYE.
The next item on the agenda was a Final Hearing on the Spring River Acres
Sanitary District. The hearing was open to the public. Mr. Pat Dooley,
petitioner was the only one present in this hearing and he sees no problem
with the proposed district.
MOTION: COMMISSIONER SHEPARD moved to approve the Spring River Sanitary Dis-
trict.
COMMISSIONER PAULSON: Second.
VOTE: COMMISSIONER SHEPARD: AYE.
COMMISSIONER PAULSON: AYE.
CHAIRMAN YOUNG: AYE.
The next item on the agenda was a Final Hearing for Vandevert Acres Special
Road District. Dennis barnoff submitted to the Board for the record letters
from residents who are to favor of the petition. As there were no opposing
comments, the hearing proceeded.
MOTION: COMMISSIONER SHEPARD moved to approve the Vandevert Acres Special Road
District.
COMMISSIONER PAULSON: Second.
VOTE COMMISSIONER SHEPARD: AYE.
COMMISSIONER PAULSON: AYE.
CHAIRMAN YOUNG: AYE.
The next item was an Order regarding the Establishment of Summershade Drive
(all of).
MOTION: COMMISSIONER PAULSON moved to approve the Order.
COMMISSIONER SHEPARD: Second.
VOTE COMMISSIONER PAULSON: AYE.
COMMISSIONER SHEPARD: AYE.
CHAIRMAN YOUNG: AYE.
The next item was a Resolution establishing Tumalo Rim Drive (all of) as a
county road.
MOTION: COMMISSIONER PAULSON moved to adopt the Resolution.
COMMISSIONER SHEPARD: Second.
VOTE COMMISSIONER PAULSON: AYE.
COMMISSIONER SHEPARD: AYE.
CHAIRMAN YOUNG: AYE.
Another Order was read by Chairman Young regarding vacation of easement created
in MJP-78-10. A new subdivision is going in and there will be a new easement
created.
MOTION: COMMISSIONER PAULSON moved to adopt the order.
COMMISSIONER SHEPARD: Second.
VOTE C014MISSIONER PAULSON: AYE.
COMMISSIONER SHEPARD: AYE.
CHAIRMAN YOUNG: AYE.
The next item on the agenda was the 2nd reading and possible adoption of the
amendment to the Deschutes County Comprehensive Plan and Related Ordinances.
Chairman Young read the findings and the changes agreed upon by the Board at
their workshop on September 4 and 5, 1980. Commissioner Paulson noted that a
change should be made to the wording regarding Wickiup Acres in that the
wording should read ."will not conflict with surrounding acres" instead of
.."should not conflict with surrounding acres." Also that it should remain
as the previous zoning of Rural Recreational Area.
MOTION: COMMISSIONER PAULSON moved to approve findings of the Board with the
correction mentioned above.
COMMISSIONER SHEPARD: Second.
VOTE COMMISSIONER PAULSON: AYE.
COMMISSIONER SHEPARD: AYE.
CHAIRMAN YOUNG: NO, as there is. reference to surface mining reserves.
Ordinance PL-20, a plan amendment to the county ordinance was in relation to
the Comprehensive Plan.
MOTION: COMMISSIONER PAULSON moved that the Ordinance PL-20, be read by title
only.
COMMISSIONER SHEPARD: Second.
VOTE COMMISSIONER PAULSON: AYE.
EOMMISSIONER SHEPARD: AYE.
CHAIRMAN YOUNG: AYE.
.
Chairman Young read the ordinance by title only.
MOTION: COMMISSIONER SHEPARD moved to adopt the amendment to PL-20.
COMMISSIONER PAULSON: Second.
Chairman Young read a letter which related his feeling against the adoption of
amendment to PL-20. Chairman Young feels that the new ordinance with the
changes is no better than before the changes. He stated that the amendments
and zone changes are not fair to those people in the county who cannot afford
to live on high-acreage land and that they should not be forced to sell the
land they have lived on for many years. He also feels that the new amendments
will create unnecessary zone change applications which will be costly to the
people whom the changes affect. Chairman Young also feels that a plan should
not be drafted according to what LCDC requests.
Commissioner Shepard stated that object for today is to comply with madates
from LCDC of Oregon. He thinks that Deschutes County has a special obligation
and feels that it is important that these mandates are approved.
Commissioner Paulson stated that he supports the plan not because of LCDC
dictates these suggestions, but because life dictates them.
VOTE: COMMISSIONER PAULSON: AYE.
COMMISSIONER SHEPARD: AYE.
CHAIRMAN YOUNG: NO.
MOTION: COMMISSIONER PAULSON moved to read the zoning ordinance by title only.
COMMISSIONER SHEPARD: Second.
VOTE COMMISSIONER PAULSON: AYE.
COMMISSIONER SHEPARD: AYE.
CHAIRMAN YOUNG: AYE.
Chairman Young read the ordinance by title only, which was the second reading
of PL-15, Zoning Ordinance.
MOTION: COMMISSIONER PAULSON moved to approve the PL-15 Zoning Ordinance
amendments.
COMMISSIONER SHEPARD: Second.
John Andersen stated that he had a proposed amendment to present to the Board.
regarding gas and oil extraction and exploration in relation to mining. John
related this proposed change to the Board.
MOTION: COMMISSIONER PAULSON moved that the amendment proposed by John
be added to the amendments to County Zoning Ordinance PL-15.
COMMISSIONER SHEPARD: Second.
VOTE COMMISSIONER PAULSON: AYE.
COMMISSIONER SHEPARD: AYE.
CHAIRMAN YOUNG: ABSTAIN.
Chairman Young then read the Amendment to PL-15 by title only, and vote was
taken.
VOTE: COMMISSIONER SHEPARD: AYE.
COMMISSIONER PAULSON: AYE.
CHAIRMAN YOUNG: NO.
The next item for adoption was the Map Amendments to PL-15. Chairman Young
read the map amendments as the second reading. John Andersen presented a letter
from Anthony Crutch dated September 16, 1980 as testimony. Commissioner Paulson
stated that the letter was written outside the time limit for public testimony.
The testimony was in regards to surface mining in a residential zoned area.
Rick Isham stated that unless surface mining was allowed as a conditional use
in this zone that it would not be permitted to mine in a residential area.
MOTION: COMMISSIONER PAULSON moved to accept the recommendation from Consul-
tant's Northwest letter dated September 16, 1980 with the findings as
a part of the changes to the amendments to PL-15.
COMMISSIONER SHEPARD: Second, although he is not pleased with it.
VOTE COMMISSIONER PAULSON: AYE.
COMMISSIONER SHEPARD: NO.
CHAIRMAN YOUNG: NO.
Motion did not carry, request denied.
MOTION: COMMISSIONER PAULSON.moved to approve map amendments to PL-15.
COMMISSIONER SHEPARD: Second.
VOTE COMMISSIONER PAULSON: AYE.
COMMISSIONER SHEPARD: AYE.
CHAIRMAN YOUNG: NO.
The next item for consideration of adoption was the Amendments to County
Ordinance PL-14, Subdivision Ordinance.
MOTION: COMMISSIONER PAULSON moved that the second reading be read by title
only.
COMMISSIONER SHEPARD: Second.
VOTE COMMISSIONER PAULSON: AYE.
COMMISSIONER SHEPARD: AYE.
CHAIRMAN YOUNG: AYE.
Chairman Young read the ordinance as the second reading by title only.
MOTION: COMMISSIONER PAULSON moved to approve the ordinance.
COMMISSIONER SHEPARD: Second.
VOTE COMMISSIONER PAULSON: AYE.
COMMISSIONER SHEPARD: AYE.
CHAIRMAN YOUNG: NO.
The next item on the agenda was the 2nd reading and possible adoption of the
County Historical Preservation Ordinance, PL-21.
MOTION: COMMISSIONER SHEPARD moved to read the ordinance by title only.
COMMISSIONER PAULSON: Second.
VOTE COMMISSIONER SHEPARD: AYE.
COMMISSIONER PAULSON: AYE.
CHAIRMAN YOUNG: AYE.
Chairman Young read the Ordinance PL-21 by title only.
MOTION: COMMISSIONER PAULSON moved to approve the County Historical Preservation
Ordinance PL-21.
COMMISSIONER SHEPARD: Second.
VOTE COMMISSIONER PAULSON: AYE.
COMMISSIONER SHEPARD: AYE.
CHAIRMAN YOUNG: AYE.
The next item on the agenda was lst and 2nd reading of Redmond Urban Area Plan
and Related Ordinances.
MOTION: COMMISSIONER PAULSON moved that
#80-202 be read by title only.
COMMISSIONER SHEPARD: Second.
VOTE COMMISSIONER PAULSON: AYE.
COMMISSIONER SHEPARD: AYE.
CHAIRMAN YOUNG: AYE.
1st and 2nd readings of PL-18, Ordinance
4
Chai'rman Young read the Redmond Urban Area Plan by~title only for 1st and 2nd
reading.
MOTION: COMMISSIONER PAULSON moved to approve Ordinance #80-202.
COMMISSIONER SHEPARD: Second.
VOTE COMMISSIONER PAULSON: AYE.
COMMISSIONER SHEPARD: AYE.
CHAIRMAN YOUNG: AYE.
The next item for possible adoption was an ordinance repealing the existing
Redmond urban area and instituting the new urban area, PL-19 Ordinance #80-201.
MOTION: COMMISSIONER SHEPARD moved to read the Ordinance by title only.
COMMISSIONER PAULSON: Second.
VOTE COMMISSIONER SHEPARD: AYE.
COMMISSIONER PAULSON: AYE.
CHAIRMAN YOUNG: AYE.
Chairman Young read by title only #80-201.
MOTION: COMMISSIONER SHEPARD moved to approve the Ordinance #80-201.
COMMISSIONER PAULSON: Second.
VOTE COMMISSIONER SHEPARD: AYE.
COMMISSIONER PAULSON: AYE.
CHAIRMAN YOUNG: AYE.
Next item for adoption was the Resolution approvt.fig:- management agreement
between City of Redmond and Deschutes County on the Redmond Urban Area Growth
.
Boundary, Resolution #80-203. Chairman Young read the Resolution,!
MOTION: COMMISSIONER PAULSON moved to approve Resolution #80-203.
COMMISSIONER SHEPARD: Second.
VOTE COMMISSIONER PAULSON: AYE.
COMMISSIONER SHEPARD: AYE.
CHAIRMAN YOUNG: AYE.
The next item on the agenda was the first reading of CG-5, Sewage and Liquid
Waste Disposal System Ordinance. This ordinance is being initiated as it
was not an Ordinance before, but an Exhibit on the old ordinance. This is
in regards to sanitation and waste disposal for dwelling units in subdivisions.
MOTION: COMMISSIONER SHEPARD moved to read by title only.
COMMISSIONER PAULSON: Second.
VOTE COMMISSIONER SHEPARD: AYE.
COMMISSIONER PAULSON: AYE.
CHAIRMAN YOUNG: AYE.
The second reading will be October 1, 1980.
Being no further business the meeting was adjourned.
COUNTY BOARD OF COMMISSIONERS
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