2007-1057-Minutes for Meeting December 24,1980 Recorded 6/20/2007COUNTY OFFICIAL
NANCYUBLANKENSHIP, COUNTY CLERKS Q 2007'+057
COMMISSIONERS' JOURNAL 06/20/2007 10:40;57 AM
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BOARD OF COUNTY COMMISSIONERS
DECEMBER 24, 1980 - BOARD 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 the lst reading and possible decision
on the amendments to PL-20 relating to the Bend Airport and amendments
to PL-15 relating to the A-D Zone. Chairman Young closed the hearing
which was continued for the 1st reading of the ordinances from
December 17, 1980. Chairman.Young questioned the City of Bend regarding
written testimony submitted to the County on Tuesday, December 23, 1980.
Chairman Young stated that the deadline for written testimony was 5:00
P.M. on Monday, December 22, 1980. Ron Marceau related that he had
delivered written testimony to the Planning Department from Jay Turley,
City of Bend Assistant Manager. He had stated at the hearing on
December 17 that he would be delivering it to the Planning Department.
Another written testimony from Ron Marceau was given to Rick Isham,
County Counsel on Monday, December 22, 1980 before 5:00 p.m. Chairman
Young stated that this information would then be accepted as received
before the deadline. Rick Isham suggested that if the Board's decision
is not to accept the amendments as written, that they make an informal
decision on the scope of the matter which will allow him to redraft
the ordinances. He requested that the Board discuss the ordinances
today and make a decision as to the changes they would like to be made
and Rick will draft new ordinances accordingly. In this instance
the 1st reading would be continued until a later date.
At this time the Board discussed proposed Ordinance #80-222 relating
to the A-D zone. Both Dan Van Vactor and the City of Bend were not
against the A-D zone but both submitted proposals for the Exceptions
Statement, which they hoped to expand. Their proposal was to add
a 330 foot buffer zone to be zoned either light industrial or
commercial so as to prevent residential encroachment in this area.
Rick Isham stated that the first thing which should be considered
is if the Board would like to include the 330 foot buffer in the
Exceptions Statement. Commissioner Paulson suggested that they
review some questions regarding the A-D zone before making this
decision. He suggested using a memo with questions and answers from
John Andersen to use as a guide in answering some questions pertaining
to the A-D zone. The first question was "Is the City property
committed to airport use?" Commissioner Paulson felt this question
was satisfied and that sufficient evidence was presented at the
hearing to:.determine that the land is committed to airport use. The
second questions was "Is the adjacent private property committed to,
or needed for, airport use?" Chairman Young stated he did not see any
possible way to answer this question at this time. Commissioner
Shepard felt there had not been any sufficient evidence submitted
which established that the adjacent lands were needed for any airport
use. He stated that they should be compatible with the airport, but
not necessarily needed for airport use. Commissioner Paulson stated
that at this present time, the adjacent lands are not needed for airport
uses. He also related though that at a future time, as the airport
expands,;.the need for these adjacent lands will probably become
necessary for airport uses. Commissioner Shepard did not agree with
Commissioner Paulson and re-emphasized that this land is not needed,
and has not been shown through any type of evidence that it is needed
for that type of use. Chairman Young stated that using his definition
of "use" he would say "yes", the land is needed. After a discussion
on several quesions, it was noted that the document used to follow these
questions had not been submitted as evidence into the record before the
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deadline date of Monday, December 22, 1980 at 5:00 p.m. City attorney
did not object to the use of this guide or the procedure being followed.
However, Mr. Dan Van Vactor, suggested that this was not a correct
procedure to follow as the document was not submitted prior to the
deadline. Chairman Young stated that Mr. Van Vactor has a point and
that the remainder of the discussion will be confined to questions
asked directly by the Board of Commissioners. Commissioner Shepard
did not agree with this and felt that the document was used only as
a guideline, and felt the discussion should be continued. The docu-
ment then was discarded for use throughout the remainder of the meeting.
Commissioner Paulson then discussed the surrounding zoning for the
lands adjacent to the airport. He stated that,zoning this land
commercial or light industrial was not an appropriate means. It is
a desired means by some people, but it not necessarily the way to
go. Commissioner Shepard stated that the decision they are to make
is very important. He felt there was no evidence submitted to the
record which established a need for commercial or industrial lands
adjacent to the airport. He also related that some people wish that
land to be zoned as such, but cannot see any need for this type of
zoning in that area. Commissioner Shepard also related that he cannot
see any need for extending the A-D zone to outlying areas providing
a buffer, as this prepares this land for an extension to the noise
contour. Commissioner Shepard would like to see this controlled.
Chairman Young disagreed and stated that there is a very important
need for a buffer zone and is in favor of extending the A-D zone
and creating a 330 foot buffer. He feels that the only way to make
the adjacent lands compatible with the airport is to extend the A-D
zone. Commissioner Paulson related some things which he felt were
the only evidence submitted which established definite decisions.
He stated that 1) the airport is there; 2) the airport is needed now
and will be needed in the future; 3) the airport is growing fast.
He also stated that the airport is an existing use and committed to
these existing uses. Commissioner Paulson feels anything compatible
to airport uses should be allowed on the adjacent surrounding properties.
Anything not compatible should not be allowed. Rick Isham then wished
to clarify this discussion. He related that the Board is not doing
any rezoning of any land at this time. He stated that the only
decision is to either accept or not accept the Ordinances proposed
on the Airport and the A-D zone. The zoning aspects will be done
at a later date. Commissioner Shepard questioned if we should have
an A-D zone? He felt we should. Commissioner Young agreed with
Commissioner Shepard, but Commissioner Paulson didn't seem to think
at this time we need the A-D zone. Commissioner Shepard then questioned
if we have an A-D zone, are we going to hold off at the airport
boundaries or are we going to provide some means by which the A(,D
zone can be moved outward as the need is established and evidence is
given that Ldn has increased. Chairman Young does not feel the A-D
zone should be extended in the future, but should be done now.
Commissioner Shepard stated that there has not been any need established
for this to be done and that it should not be automatic. Chairman
Young stated that he is in agreement with the extension of the 330
foot buffer zone, but does not feel the zoning should be done at a
later date. He feels they should be done at the same time. Commissioner
Paulson questioned Dan Van Vactor as to the aspects of the zoning for
surrounding airport lands. Dan Van Vactor explained that the zoning
is not tied to this proposal, and is not a pre-requisite right now.
What the neighbors are requesting is the Exceptions Statement be
extended to include the 330 foot buffer zone, Dan Van Vactor stated
that the neighbors would accept the burden of proof to rezone this
land at a later date. Chairman Young stated he will accept this if
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Dan Van Vactor and/or the airport neighbors will hold the burden of
proof. At this time the Commissioners reviewed Ordinance #80-222 relating
to the airport . Some possible changes to the proposed Ordinance
were also discussed. Commissioner Paulson then stated that he is
with the understanding that the Commissioners are all in favor of
the proposed document with two exceptions: 1) Section 1, Number 3,
that Ldn 60 be changed to read Ldn 65; and 2) Section 3, eliminate
the words "and an area 330 feet in depth around the above described
property." Commissioner Shepard stated he felt there should be one
more exception and change to the document. This suggestion was
on the first page „ Section B, the change of the word "promote" to
"permit"-or "allow".
No action was taken of Ordinance #80-222. The first reading will be
held on this ordinance with the requested changes on December 31, 1980.
At this time the 1st reading was held on Ordinance #80-221 amending
the Zoning Ordinance relative to the A-D zone.
MOTION: COMMISSIONER PAULSON moved to read the lst reading
of Ordinance #80-221 be by title only.
COMMISSIONER SHEPARD: Second.
VOTE COMMISSIONER PAULSON: AYE.
COMMISSIONER SHEPARD: AYE.
CHAIRMAN YOUNG: AYE.
There was no action required on this ordinance today.
At this time Commissioner Shepard brought to the attention of the Board
that he received a letter from Mr. and Mrs. Moberly wishing to lease
some land from the county. The land is presently under lease, but
expires on January 1, 1981. Commissioner Shepard suggested checking
with the present occupants to see if they would like to renew their
lease, if not would get back in touch with the Moberlys. Chairman
Young stated that a statement from the current leassors notifying
that they do not wish to lease the land should be submitted before
leasing it to anyone else. This matter will be checked into.
For signature was a Declaration of Dedication from Lloyd M. Pick
dedicating property for utility and roadway purposes.
MOTION: COMMISSIONER PAULSON moved to approve the Declaration
of.Dedication.
COMMISSIONER SHEPARD: Second.
VOTE COMMISSIONER PAULSON: AYE.
COMMISSIONER SHEPARD: AYE.
CHAIRMAN YOUNG: AYE.
Being no further business, the meeting was adjourned.
/tr
BOARD OF COUNTY COMMISSIONERS