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2007-1116-Minutes for Meeting June 16,1981 Recorded 6/20/2007COUNTY OFFICIAL NANCYUBLANKENSHIP, COUNTY CLERKS 1~d ~YQ~-1116 COMMISSIONERS' JOURNAL II III 06I20I2007 11;04.32 AM VIII III IIIIIII IIIIIII II 2107-1 1 6 Do not remove this page from original document. Deschutes County Clerk Certificate Page c 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 JUND:16, 1981 - REGULAR MEETING Chairman Paulson called the meeting to order at 10:00 a.m. Commissioner Shepard and Commissioner Young were also present. Amendments to There were no amendments to the agenda. the Agenda Appeal by Fish Chairman Paulson read aloud PL-9 in part, the public and Wildlife hearing procedure. He then opened the public hearing. of Planning Dick Knoll, Planning Department, came forward and gave Commission de- the staff report. He briefly explained the background cision on Z- of this appeal. He said that this was a zone change 80-36, Don- from EFU-20 to MUA-10. He showed the location of the ald P. Walker property on a map. Chairman Paulson then stated that this was to be a hearing on the record and not a de novo hearing. Mr. Knoll then went on with the staff report. He explained that the property involVed_amounted=_to-130-,-~:._ acres, one 110 acre parcel and one 20 acre parcel, lo- cated in the Sisters-Bend area. He said that this request was approved by the Hearings Officer and the Planning Commission. There had been a motion for reconsideration by the Planning Commission which was denied, which was why it was brought before the Board. Mr. Knoll mentioned a previous,-case, Myer vs. Lord, that was before the Court of Appeals in 1978, which was similar to this case. In that case, the Court of Appeals ruled that in considering applications of that nature the goals have to be applied toi.the total farm unit and not just portions of that farm unit. Since the total farm unit was farmland they denied that zone change. Commissioner Young asked what the soil type was. Mr. Knoll responded that the soils are predom- inantly Class VII. The total.farm unit is 386 acres in contiguous ownership. The amount of land be requested for change amounts to 130 acres in two parcels. Ninety acres are in the Tumalo Winter Deer Range. Next, Mike Golden, Department of Fish and Wildlife in Bend came forward. He submitted to the Board a memo dated June 16, 1981 from the Department of Fish and Wildlife to the Board of Commissioners. Within the memo their case against the applicant was outlined. He discussed this, saying that the Zone Change was not consistent with the Comprehensive Plan. He said that the Planning Commis- sion did not address any of the legal issues of the policy of the plan. He said that there had been contact between the Hearings Officer and the Applicant without notification to interested parties. Mr. Golden then discussed the winter deer range and the importance of each individual parcel within that range. He said that the Comprehensive Plan allows only a minimum of 40-acre parcels within the deer range. If the MUA zone change is approved, this would allow cluster development. He further discussed points brought out in the memo. Chairman Paulson called for further comments in favor of the applicant. There were none, so he opened the hearing for cross-examination of the applicant. There was no cross-examination. Page 1 of 4 Deschutes County Board of Commissioners June 1.6, 1981 - Regular Meeting Next, Don Walker, 65895 Hwy. 20, Bend, came forward. He said that he had met the criteria requirements of Section 10.040 of the plan. He said that he is requesting a zone change that would retain an agricultural zoning. He said that Mr. Golden's statements were erroneous and misleading. He said that the winter deer range encompas- ses 70,000 acres and he only owns 90 acres within that range, and he felt that this was an insignificant amount. He said that there had been conflicting testimony about the number of deer in the area, in one instance it was stated that 2500 deer were in the area, in another it was said that 3500 were in the area. He said that since he had water on his land, he did not have to meet the criteria for grazing land. He said that if allowed to develop the land, it would bring in more tax dollars for the County. He said that prior to LCDC zoning, he could divide his lots into five acre minimum lot sizes., giving him a total value of $300,000. He said that if he were allowed to develop his land as this zone change would allow, it would give him a value of $100,000. He said that without this change, his land would be of no value. If he is allowed to proceed, it will partially compensate him for value lost by zoning. He then read aloud a portion of the Fifth Amendment to the Constitution, in which is stated that land will not be taken from a citizen without compensation. He said that this was an example b.f the taking of property through regulation. He said that the land is scabland and the only value it has to offer is a view, and he wants to offer it as homesites on that basis. He said that the landowners are being asked to save the land to provide for the deer, and Fish and Wildlife is running a recreational business at their expense. Next, Jim Curtis, owner of land within the deer range, ad- dressed the Board. He said that he was on a committee that reviewed the conflicts between the deer use and agri- cultural use. That committee had recommended that this area come under the agricultural lands policy. He had a draft of the comments that were made at that committee's meeting. After some further discussion, Commissioner Shep- ard explained that this had not become part of the ordin- ance, and the Board was confined to acting in concordance with the ordinance. Chairman Paulson then closed the hearing. There was some further discussion. MOTION: SHEPARD moved to continue their deliberations until June 24, 1981 at 10:00 a.m. PAULSON: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Page 2 of 4 Deschutes County Board of Commissioners June 16, 1981 - Regular Meeting Discussion John Andersen, Planning Director, came before the Board. regarding He had outlined this subject in a memo to the Board from Sign Permit himself dated June 1, 1981. He had outlined some sug- Fees gestions for a fee schedule, but for ease of administration a single flat fee would be the best. He also had figures from other counties, which ranged from $5 to $100 on a fee scale. There was some further discussion. MOTION: SHEPARD moved that they set the fee at $30. PAULSON: Second. It was added that this is with the understanding that the fee is a trial fee. Mr. Isham said that this would have to be for a period of at least a year. There was some further discussion on time involved. Commissioner Shepard changed the figure to $25 with the consent of the seconder. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Decision on Denny Newell came before the Board to obtain their decision CETA contract on this matter. This was in regard to the consortium for 1981-82 contract with other counties to assume administration of CETA programs. Commissioner Shepard said that Doug Maul had made a trip to Portland and will come back with infor- mation on liability insurance for the liabilities inherent in entering into the contract agreement. The Board was not prepared to make a decision at this time until that information is available. After further discussion, it was the Board's concensus to delay their decision until Wednesday, June 24, 1981. Discussion re- Commissioner Shepard explained that the two persons recom- garding (2) mended were Sherry Smith, Bend, and Ted Thorson, Redmond. Library Board Their terms should become effective immediately. They Recommendatons are replacing two vacancies that will expire on June 30,182, for appoint- so it has been recommended by the Library Board that they ment be appointed to subsequent terms as well. MOTION: YOUNG(:moved that Sherry Smith and Ted Thorson be appointed to the Library Board. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Commissioner Shepard said that their terms shall expire July 31, 1985. He noted that the Library Board still needs a member from the LaPine area. Other Staff/ There were none. Public Con- cerns For Signature: The first was receipt number 24080 for Dan VanVactor per (3) requests attached letter. The second was receipt #24299 for William for refunds Robinson. The third was receipt number 23910 for Robert Winkler. The Board approved the requests. Page 3 of 4 Ddschutes County Board of Commissioners June 16, 1981 - Regular Meeting For Signature: Chairman Paulson said that this.contract was with Services Con- Beverly Healy,. R.N. tract, Des- MOTION: YOUNG moved that the Services Contract be chutes County approved. Health Depart- SHEPARD: Seocnd. ment, Medical VOTE: PAULSON: AYE. Nursing Divi- SHEPARD: AYE. sion YOUNG: AYE. Being no further business, the meeting was adjourned. DESCHUTES COUNTY BOARD OF COMMISSIONERS t C. 'Paulson, Jr. Clay C. Tiepard, Comuli§sioner . Young, c;g7mniss /ss Page 4 of 4