2007-1056-Minutes for Meeting December 23,1980 Recorded 6/20/2007COUNTY OFFICIAL
NANCYUBLANKENSHIP, COUNTY CLERKDS CJ 1047. 056
COMMISSIONERS' JOURNAL
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2007-1046
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BOARD OF COUNTY COMMISSIONERS
DECEMBER 23, 1980 - Regular Meeting
Chairman Young called the meeting to order at 10:00 a.m. with all
three commissioners in attendance.
The first item on the agenda was an public hearing on an appeal
for PA-80-4 and Z-80-11, Tumalo Irrigation, applicant. Craig
Smith outlined the background of this request. He stated that
this went before the hearings officer and was denied. Tumalo
then appealed to the Planning Commission, which upheld the
hearings officer's decision. Chairman Young opened the hearing
for public testimony.
JAN BOETTCHER: Jan began her testimony by showing a map of the
area subject to this request. Jan stated that there are 40 lots
three of which are larger than what the zoning requires. Tumalo
Irrigation is requesting that they be proportioned into two
equal parcels. She stated that Tumalo Irrigation feels they have
a reversal spot zone.in that area. She related that she had a
letter from Mr. George Hamlin stating that the property has class
VI soils, which is not appropriate for irrigation purposes. She
also related that the growth in that area has been 150% during the
past four years.
JIM CURTIS: Jim stated that the area was incorrectly zoned in
the first place. He stated that the area was at first placed as
Class II soils, but is actually Class VI soils. Jim stated that
the Hearings Officer had based their case on a non-relevant
subdividing case. He also stated that the Planning Commission
held a close vote of three to four and that it had looked as if
they would vote in favor of Tumalo until the end, in which one
Commissioner stated that they may as well turn the applicant down
because the Board will do it if they don't. Jim Curtis stated that
the hearings with the Hearings Officer and the Planning Commission
did not have any material or information on this case except that
which had been submitted prior to the Hearings Officer's decision.
He also stated that he felt this zone change would benefit the
residents of the area and would like to do anything possible to
better develop the land use for Tumalo Irrigation District. If
this change were granted the land would go back to tax lots, which
would also benefit the County.
DON WALKER: Don stated that there is no way this land can be used
for anything but what Tumalo Irrigation is requesting it be zoned
for, RSR-5. He stated that this particular land is not appropriate
for irrigation. Don asked the Board that they would allow Tumalo
District this zone change and stated that he was completely in favor
of this zone change. He felt that the area should have been zoned
for this use in the first place.
JAN BOETTCHER: Jan stated that there is a real need for five acre
parcels for residential use in the area and there are none available.
She feels this zone change will enable many people to reside in the
area and purchase a five acre lot which will be more affordable than
other lots in the area. She also related that the geographical
boundary is a natural division line.
There was no one present to testify against this zone change.
Chairman Young closed the hearing to the public.
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Craig Smith wished to clarify at this time that it is important to
realize that the property is not zoned Exclusive Farm Use, but
Multiple Use Agriculture. He did stated that the Planning Commission
did agonize over the decision, but they felt that certain criteria
which must be met for the zone change was not satisfied. He also
clarified that the property is not adjacent to any other RSR-5
land and that a spot zone would be created if this request were
approved. Commissioner Paulson questioned why a zone change and
plan amendment were applied for rather than a variance or partition.
Mr. Jim Curtis stated that he has spent $1200. on this request already
and the Planning Department had recommended going for a zone change
and plan amendment. He stated that they just want to split the
property into two equal parcels, and does not care how they must
go about it to get it accomplished. Commissioner Paulson suggested
that this appeal hearing be continued so that he may have a chance
to review the file and information on this matter more closely.
He suggested that the hearing be continued until January 8, 1981.
MOTION: COMMISSIONER PAULSON moved to continue the appeal until
the Commissioner's meeting of January 8, 1981.
COMMISSIONER SHEPARD: Second.
VOTE COMMISSIONER PAULSON: AYE.
COMMISSIONER SHEPARD: AYE.
CHAIRMAN YOUNG: AYE.
The next item on the agenda was in regards to City Participation
in Forest Receipts, Neil Hudson was present to give this discussion.
Neil stated that as outlined in his memo to the Board that there
is a surplus of monies compared to what was budgeted for the forest
receipts. Neil has requested that he be allowed to enter into
discussion with the cities and attempt to persuade them to accept
and maintain those County roads which are presently within
the city limits. . It was the concensus of the Board that Neil
be allowed to hold these discussion with the two cities involved
in this matter. Neil's other recommendation was to be authorized
to dispense the $300,000 to the cities based on the values from
the State for forest receipts. Commissioner Paulson questioned
how much of an excess there was in the forest receipts and what
was to be done with this money. Neil Hudson stated that there
was about $200,000. and should be divided between the cities in
the County and the County. Commissioner Paulson clarified that
the money remaining at the Road Department is for that Department
and cannot be transferred into any other County fund for expenditure.
MOTION: COMMISSIONER PAULSON moved that Neil Hudson be instructed
to disburse the $300,000 to the three cities in the
County as budgeted per the mileage record.
CHAIRMAN YOUNG: Second.
COMMISSIONER SHEPARD amended the motion in that if any amount
of money over that budgeted be shared with the cities, that
it be resolved at the time it is discussed.
CHAIRMAN YOUNG: Second.
VOTE: COMMISSIONER SHEPARD: AYE.
C014MISSIONER PAULSON: AYE.
CHAIRMAN YOUNG: AYE.
VOTE on first motion: COMMISSIONER SHEPARD: AYE.
COMMISSIONER PAULSON: AYE.
CHAIRMAN YOUNG: AYE.
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The next item on the agenda was a discussion with Neil Hudson and
Dave Jaqua regarding vertical and horizontal alignment for Lower
Bridge Estates, PP#555. Neil stated that this problem came up
when the plans were submitted for the alignment and grading of roads in
Lower Bridge Estates. He stated that the road did not meet County
standards. Another alignment has been submitted which still does
not meet County standards. Neil suggested(lthat the road be moved
southwest to go around the steep hill instead of over it or through
it. Neil stated that the way the road is now planned, it will
definitely not,be safe during winter travel as the grade will be
very steep and slick in the ice. Rick Isham stated that in 1979
a hearing decision approved this matter with certain conditions.
The conditions being that the road should be maintained to County
standards. He also noted that recent plans submitted show some
changes that were not indicated in the original plans. Dave Jaqua
stated that the problem arose because there were no standards for
intersections. At the time of approval there were no standards
or criteria for designing intersections within Lower Bridge Estates.
The road is presently designed for 30-35 MPH, Dave is requesting
that the intersection be designed for 35 MPH. Dave stated that
it would be costly to move the road around the hill as the road
has been partially graded. He also related that it would be very
costly to go through the hill, as it is solid rock. At this time
Lynn McKibben gave a thourough discussion on the engineering of
the road for this subdivision and the difficulties proposed. He
related to several maps of the subdivision and the road as they
are at present. Due to the conflicts of this matter, Commissioner
Shepard suggested that the decision be continued so that he could
review the material and the Hearings Officer's report. Dave Jaqua
suggested that the Commissioners even go out to this subdivision
and look at the area.
MOTION: COMMISSIONER PAULSON moved that the road be approved
per the suggested of the County Road Department.
The motion was lost for lack of a second. 'It was the concensus
of the Board that this decision be postponed until January 8, 1981
and that Dave Jaqua be notified that this decision will be held
at that time.
The next discussion with the Board was on the new phone system with
Kelly Hains and Chris Williams. Chris stated that they have come up
with a leaflet which shows the county numbers. They will be
distributing these leaflets to outlying communities, as those smaller
communities do not receive new phone books until the late spring.
He also related that the heading on this leaflet will be a promotional
aspect for the passage of the County budget. The heading reads,
"Let Deschutes County Serve You Better". He also stated that they
will hand these out to school children to take home to their parents.
The Board of Commissioners suggested.they do not give them out to
schools as they would' most likely not reach home. Mike Maier
requested that the Commissioners give the go ahead for this project
as the new phones will be hooked at the first of new year.
Chairman Young stated that they should proceed with this matter
as soon as possible.
The next discussion was in regards to a zoning problem. Mr. Tom
McElrath was present to relate his problems. Mr. McElrath stated
that he owns and operates Terrace Desert Estates, a mobile home park.
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Mr. McElrath had wished to expand his park and submitted a site
plan for approval. Upon approval of this site plan he would have
to put in a left-turn land from the highway. Mr. McElrath stated
he cannot aford $100,000 or more for this turn land and thought
he would wait until a way could be found to put in the turn lane.
After talking with the Planning Department the other day, he found
that his property had been rezoned and he had not even known it
was to be rezoned. He feels there was an oversight and felt it
was not right to rezone his land without notifying him personally.
Mr. McElrath feels his property is not worth as much now zoned
as MUA-10 rather than Multi-family residential. Dick Knoll,
Planner, stated that his options are limited. Under PL-15 there
is no provision for an RSC zone which would allow the mobile home
park, just outside the urban growth boundary. Commissioner Shepard
questioned the possibility of a boundary change. Dick stated that
he would be looking at at least $1000. just to apply for this and
the chances of obtaining it would be slim. Mr. McElrath stated
that he is very unhappy about his property being rezoned and just
wants to expand his mobile home park. Commissioner Shepard stated
that at this time the Board does not have the authority to resolve
this problem. He related that there were several options: 1)
go for a zone change, 2) go for a plan amendment and boundary
change, 3) appeal to LCDC when they hold their hearing, and 4)
bring to Betsy Shay's attention for further research. The Board
will check with Betsy regarding this matter and will determine
what options are available and what the best solution for this
problem will be. The Board will get in touch with Mr. McElrath
at a later date after further research and they do not have the
authority to handle the problem at this time.
At this time Chris Williams held a discussion on methods of saving
for the Emergency Services Department. He stated that volunteers
have already been doing some things to help with the financial
problem. One major recommendation to the Board was that they
be allowed to sell the 1961 International four-wheel drive van
owned by that department. The van was donated in 1961 to the
Emergency Services and they feel it is old and does not really
benefit the department anymore. Chris stated that he would like
to phase out the van and sell it to help with the financial crisis.
He stated there is a potential buyer and would like authorization
to sell it now as if they waited for an auction, the buyer may not
be interested. This money received for the sale of the International
would go into the contribution line item for Emergency Services.
Commissioner Paulson stated that this decision should be postponed
until the new Sheriff begins work. Chris stated that he had talked
with Darrell Davidson and he had been in complete agreement about
the sale of the van.
MOTION: COMMISSIONER SHEPARD moved to allow Emergency Services
to sell the 1961 International van and that it would be
put into the contribution line item for Emergency Services.
CHAIRMAN YOUNG: Second.
VOTE COMMISSIONER SHEPARD: AYE.
CHAIRMAN YOUNG: AYE.
COMMISSIONER PAULSON: NO.
For signature was PP#564,
MOTION: COMMISSIONER
.COMMISSIONER
VOTE COMMISSIONER
COMMISSIONER
CHAIRMAN YOU]
Crestridge Estates, final plat.
PAULSON moved to approve PP#564.
SHEPARD: Second.
PAULSON: AYE.
SHEPARD: AYE.
JG: AYE.
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j For signature was PP#612, Outback Subdivision, a section of
Sunrise Village. This PP#612 includes an Improvement Agreement
j and Maintenance Agreement.
MOTION: COMMISSIONER PAULSON moved to approve PP#612 and
accept the Improvement Agreement and Maintenance
Agreement.
COMMISSIONER SHEPARD: Second.
VOTE COMMISSIONER PAULSON: AYE.
COMMISSIONER SHEPARD: AYE.
CHAIRMAN YOUNG: AYE.
Also for signature was PP#550, Ladera. This was approved for
Chuck Everhart a few days ago and is not before the Board for
signature.
MOTION: COMMISSIONER SHEPARD moved to approve PP#550.
COMMISSIONER PAULSON: Second.
VOTE COMMISSIONER SHEPARD: AYE.
COMMISSIONER PAULSON: AYE.
CHAIRMAN YOUNG: AYE.
For signature was an amendment to Order #80-239, adding recipients
of the award pins to the existing order.
MOTION: COMMISSIONER SHEPARD moved to approve the Amendment
to Order #80-239.
COMMISSIONER PAULSON: Second.
VOTE COMMISSIONER SHEPARD: AYE.
COMMISSIONER PAULSON: AYE.
CHAIRMAN YOUNG: AYE.
Being no further business, the meeting was adjourned.
/tr
BOARD OF COUNTY COMMISSIONERS