2007-1080-Minutes for Meeting March 04,1981 Recorded 6/20/2007DESCHUTES COUNTY OFFICIAL RECORDS f~} AM ON
NANCY BLANKENSHIP, COUNTY CLERK yJ ' p
COMMISSIONERS' JOURNAL
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2007-1080
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DESCHUTES COUNTY BOARD OF COMMISSIONERS
MARCH 4, 1981 - COURTDAY
i
Chairman Paulson called the meeting to order at 10:00 a.m. Commissioner
Young and Commissioner Shepard were also in attendance.
Amendments to Amendments to the agenda were: 1) For Signature: Final
the Agenda
Plat #555, Lower Bridge Estates, 2) For Signature: Dec-
laration of Dedication for Rosland Road, 3) Amendments
to City of Redmond Comprehensive Plan and Zoning Ordin-
ances, 4) Resolution No. 81-019, Establishing the Youth
Alcohol Information School Department, and 5) Order No.
81-107, Transferring $1,400 within the Juvenile Services
Grant Fund.
MOTION: SHEPARD moved to amend the agenda as described.
YOUNG: Second.
VOTE PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
In the Matter
Rick Isham gave a brief history of this land sale. The
of Land Sale -
Central Electric Co-op is purchasing two parcels of county
Transfer of
property located near the County Road shops. One parcel
Property
is 11 acres and the other is 20.1 acres valued at $14,000
and $27,000, respectively. The American Legion also had
a partial interest in this property and an agreement has
been drawn up that the County shall compensate them for
their interest in this property in the amount of $6,000.
Before this sale can become final, the Commissioners
must authorize the signature of the deeds upon payment,
purchase of title insurance and furnish a copy of the
agreement between the County and the American Legion.
MOTION: YOUNG moved that the Board do the three things
as described, approve the two deeds and the
agreement with the American Legion and the pur-
chase of Title insurance.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Public Hearing
Chairman Paulson opened the Public Hearing. Ted Robinson,
on Possible
Code Enforcement Officer for the Deschutes County Planning
Land Use Zoning
Department, came forward and gave a statement of events
Violation at
related to the use in question. He submitted to the
61956 Pettigrew
record numerous letters to and from the Planning Depart-
Road
ment relating to this use. This matter had been before
the Board at the February 11, 1981 meeting also.
Chairman Paulson then opened the hearing to testimony
of those speaking in opposition.
Robert Fix, 61930 Pettigrew Road gave testimony at
this time. He said that the Sabin automotive/parts bus-
iness had ceased operation for a period of longer than
one year, the building is not costructed to county build-
ing codes, sits on a property line and is a fire hazard.
He requested that the County prosecute this matter.
William Holmes, 16940 Pettigrew Road, came forward
with testimony. He said that the business ceased operation
for a period of longer than one year. He said that the
previous business had been an automotive repair business
and the current business is not, and that this change in
Deschutes County BOC
• March 4, 1981 Courtda,y
in the nonconforming use does not comply with the
County Ordinance.
Don Duncan, 61977 Pettigrew Road, said that judging
from the Sabin letter of February 11, 1981, it sounds
as though the intention is for this site to be the base
of operation for the construction firm who leases the
property.
Dick Walters, 61961 Pettigrew, said that the operations
begin at 6:00 a.m. seven days a week. He said that trucks
frequently come and go from the property all day long, and
sometimes are parked on the road in front of his house.
He said that once at 2:00 a.m. sandblasting was taking
place at the site.
Maxine Lipps, 61976 Pettigrew Road, said that the
building in question sits on her property line, which
she said had discouraged a potential buyer of her prop-
erty from purchasing it. She feels that the property is
no longer valuable for residential use.
Being no further testimony in opposition, Chairman Paulson
called for testimony in favor.
Joanne Frazee, 61652 Summershade Drive, came forward
to,-.testify. She is the daughter of Mrs. Alta D. Sabin-
Carter. In response to comments by Mr. Fix and Mr.
Holmes, she stated that adequate proof had been furnished
to the Planning Department to establish that business
had been done during the period of a year in question,
and it had been satisfied that the year was no longer an
issue. She read letters from neighbors which state they
have no objection to the use in question, which were sub-
mitted to the record. One of these letters was from Mr.
George McGary who had tried to purchase Mrs. Lipps' prop-
erty, in which he states he had tried to purchase the
Mrs. Lipps' property and had taken action to do so, but
Mrs. Lipps' withdrew the offer.
Warren Zempke, 61953 Pettigrew Road, stated that al-
though he was a relative newcomer to the neighborhood,
the use had not bothered him at all.
George Burkehart, an old friend of Mr. Sabin's, stated
that he had been in the gas station business and had
bought his heavier automotive repair jobs to Mr. Sabin,
who sometimes worked on Saturdays and Sundays and evenings.
Roy Wood, owner of Boulder Excavation (the firm leasing
the Sabin property), explained why the truck that Mr.
Walters had mentioned was parked on the road in front
of his house and that this had only happened on one occas-
sion and would not happen in the future. He said that no
heavy equipment was serviced at this site, except the
dumptruck which was serviced there every night and a
backhoe was serviced there twice.
Joanne Frazee responded to Mr. Fix's concern that the
building presented a fire hazard by saying that the build-
ing was constructed of sheet metal over a wooden frame and
that it was possible for the diesel tank situated at the
side of the building to be moved away from the building.
Page 2 of 7
Deschutes County BOC
March 4, 1981 - Courtday
Being no further testimony in favor, Chairman Paulson
called for comments in rebuttal.
Robert Fix stated that the present fuel tank is not
the same as the fuel tank that Mr. Sabin had.
Maxine Lipps mentioned that the fuel tank had changed
and in regard to the sale of her property, the man who
had offered to buy it intended to plant many herbs and
shrubs which would require irrigation water every day
which would deprive her neighbors further down the ditch,
so she did not sell.
Joanne Frazee said that her father had had an under-
ground hand-pumped gas tank and the existing tank is an
above-ground gravity flow diesel tank.
Roy Wood said that sandblasting had not occured at
2:00 a.m., but at 1:00 p.m. on one occasion.
Mrs. Sabin-Carter said she is currently having a fence
constructed around the property in question.
After some discussion, the Board decided to delay final
action on this matter until their Wednesday, March 11,
1981 meeting.
Appeal: V-80- At the request of the attorneys involved in this matter,
27, Lane Ladner,the appeal hearing was postponed.
Applicant MOTION: YOUNG moved to continue the appeal hearing of
V-80-27, Lane Ladner, Applicant.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Public Hearing Chairman Paulson read proposed Ordinance #81-001 amending
on Animal Hos- PL-15 to allow animal hospitals as an outright permitted
pitals in EFU use in EFU-20 zones. He then opened the public hearing
zones, to testimony.
John Andersen, acting as Secretary to the Planning
Commission, submitted to the record the Planning Commis-
sion's recommendation to allow animal hospitals as an
outright permitted use in all EFU zones.
Brian Christensen read a letter dated March 2, 1981
from the Planning Department which listed reasons why
this use would be better permitted as a conditional use.
At this point there was some discussion between the Com-
missioners and the Planning staff and County Counsel as
to permitting this as a conditional use (because as an
outright permitted use no site plan review is required)
as opposed to an outright permitted use, and including
in the Ordinance the restriction that only large animal
hospitals be permitted.
Cynthia Stanley, DMV, said that her intent was for a
large animal hospital only, and that this was defined by
current practice. She said that large animal hospitals
basically treated horses, cows, goats, pigs, sheep and
animals of that nature, but in rare cases could also include
such animals large zoo animals, so it was hard to res-
trict the definition to the most commonly treated animals.
Page 3 of 7
Deschutes County BOC
• March 4, 1981 Courtday
She said large animals practices did not treat dogs,
cats,. birds or other animals of that nature. She said
that with a large animal practice approximately 90%
of her cases would be treated in the field and 10% at
th6 hospital site, which would indicate that there will
be minimal traffic associated with the hospital site.
She noted that feedlots were an outright permitted use
in the EFU zones and they would probably benefit more
from a site plan review than an animals hospital, due
to the fact that there is much more activity and traf-
fic associated with that type of use.
Joan Hale came forward with testimony in favor. She
raises livestock and recommended that the County make
this an outright permitted use.
John Andersen said it is the Planning Department's
recommendation that this be allowed under conditional
use permit, but that if it is approved as an outright
permitted use, that it be subject to approval of site
plan review.
Chairman Paulson closed the hearing at this time.
There was some discussion among the Board as to the
definition of large animal hospital, provisions of
conditional use and site plan approval and traffic
problems. Rick Isham said that 'large animal hospital'
could be defined by the Board at a later date.
MOTION: YOUNG moved that they have the first
reading of the ordiance by title only and that
the word "large" be inserted in the text.
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Chairman Paulson gave the first reading of Ordinance #81-
001 by title only.
MOTION: YOUNG moved that the second reading of Ordinace
#81-001 be by title only.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Chairman Paulson gave the second reading by title only
of Ordinace #81-001.
MOTION: YOUNG moved to adopt Ordinace #81-001.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Page 4 of 7
'*beschutes County BOC
March 4, 1981 - Courtday
Discussion:
Adoption of
Resolutions
relating to
Local Improv-
ment Districts
order #81-039,
Approving for-
mation of Des-
chutes River
Recreation
Homesites Unit
#6 Vector Con-
trol District
Order #81-094
Approving An-
nexation of
Territory to
RFPD #2 and
Notice of Fin-
al Hearing
Order#81-041
Establishing
all of N.E.
Juniper Ridge
Road
order #81-040
Establishing
all of N.E.
Jordan Lane
Order #81-236
Vacating all
Saddle Drive
Neil Hudson asked
Thursday, March 5
do so.
that this item be continued until
at 3:30 p.m. The Board agreed to
This Order sets a final hearing date for the formation
of a Vector Control District. The final hearing date
is April 1, 1981 at 9:00 a.m.
MOTION: YOUNG moved to adopt Order #81-039 setting a
final hearing.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
MOTION: YOUNG moved to adopt Order #81-094 setting a
final hearing for April 1, 1981.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
This was previously considered by the Board on January
21, 1981. This Order was initiated by petition. Gary
Judd gave the Board a copy of this petition.
MOTION: YOUNG moved that the Board adopt Order #81-041
Establishing all of N.E. Juniper Ridge Road.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
This order was initiated by petition also. Gary Judd
of the Road Department said this road did not meet
County standards.
MOTION: SHEPARD moved to deny Order
all of N.E. Jordan Lane.
YOUNG: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
#81-040 Establishing
Chairman Paulson read a memo from Rick Isham, County
of Counsel which stated that any vacation of Saddle Drive
would landlock six parcels in this subdivision. The
Public Works Department recommends denial.
MOTION: YOUNG moved that Order #81-236 vacating all of
Saddle Drive be denied.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Page 5 of 7
. c ~
Deschutes County BOC
l M4rch,4 1981 , Gourtday
Resolution This resolution sets a hearing date of April 8, 1981
#81-018, Vaca- for the vacation of a portion of Couch Market Road.
ting a portion MOTION: YOUNG moved to adopt Resolution #81-018 set-
of Couch Mar- ting a hearing date.
ket Road SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
For Signature: Craig Smith of the Planning Department brought this
Final Plat #555,before the Board for signature and approval.
Lower Bridge Es-MOTION: YOUNG moved to approve Final Plat #555, Lower
tates Bridge Estates, subject to receipt of a per-
petual access agreement from BLM.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Discussion: The applicant or his representative was not present.
Regarding Wil- MOTION: PAULSON moved that the request for refund Of
liam Holmes fees for appeals relating to MP-79-71 be
request for denied.
refund of fees SHEPARD: Second.
for appeals VOTE: PAULSON: AYE.
relating to SHEPARD: AYE.
MP-79-71 YOUNG: AYE.
For Signature: This item was postponed as staff from the Road Depart-
Declaration of ment was no longer present.
Dedication for
Rosland Road
Amendments to John Andersen of the Planning Department read the Findings
City of Red- of Fact that were prepared to be included with the adoption
mond Compre- of the amendments to the Redmond Urban Area Plan. These
hensive Plan were submitted to the record. There were Findings of Fact
and Zoning for Ordinance #81-007 and for Ordinance #81-008.
Ordinance MOTION: SHEPARD moved to adopt the Findings of Fact for
Ordinance #81-008.
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: ABSTAIN.
MOTION: SHEPARD moved to have second reading of Ordinace
#81-008 by title only.
YOUNG: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Chairman Paulson gave the second reading of Ordinance
#81-008 by title only.
Page 6 of 7
'Deschutes County BOC
March 4, 1981 - Courtday
MOTION: SHEPARD moved to adopt ordinance #81-008.
PAULSON: Second.
VOTE:, PAULSON: AYE.
SHEPARD: AYE.
YOUNG: ABSTAIN.
John Andersen read the_Findings of Fact for Ordinance
#81-007.
MOTION: SHEPARD moved to adopt Findings of Fact for
Ordinance #81-007.
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: ABSTAIN.
MOTION: SHEPARD:moved to have the second reading of
Ordinance #81-007 by title only.
YOUNG: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Chairman Paulson gave the second reading of Ordinance
#81-007 by title only (the first reading of Ordinance
#81-007 and #81-008 were given at a previous date).
MOTION: SHEPARD moved to adopt zoning Ordinance #81-
007.
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: ABSTAIN.
Resolution
Rick Isham explained that this Resolution would estab-
#81-019, Es-
lish a new department and fund for that department.
tablishing the
MOTION: SHEPARD moved to approve Resolution #81-019.
Youth Alcohol
YOUNG: Second.
Information
VOTE: PAULSON: AYE.
School Dept.
SHEPARD: AYE.
YOUNG: AYE.
Order #81-107
This orders transfer of $1,400 within the Juvenile
for Transfer
Services Grant Fund from the Contingency Department
of Funds
to the Youth Alcohol Information School Department.
MOTION: YOUNG moved to adopt Order #81-107.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Being no further business for today, the meeting adjourned.
SS COUN Y BOARD OF COMMI~ ERS
~
R
obert C. Paulson, Jr., C n, Cla, S e ard, Commr. Albert A. Young, Commr.
Page 7 of 7