2007-1172-Minutes for Meeting December 16,1981 Recorded 6/20/2007COUNTY
NANCYUBLANKENSHIP,F000NTY CLERK DS Q 2001'1112
COMMISSIONERS' JOURNAL 06/20/2007 11:28:57 AM
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DESCHUTES COUNTY BOARD OF COMMISSIONERS
DECEMBER 16, 1981 - COURTDAY MEETING
1
Chairman Paulson called the meeting to order at 10:00 a.m. Commissioner
Shepard and Commissioner Young were also in attendance.
Amendments to
There were three listed on a sheet attached to the agenda.
the Agenda
The amendments were approved.
Public Hearing
Chairman Paulson opened the public hearing on Ordinance
on Subdivision
#81-043, the Subdivision/Partition Ordinance. Commissioner
Partition Ord-
Young said that he had received a number of phone calls
inance
on this because the copies: of the ordinance were not avail-
able until 4:30 the day before the hearing.
MOTION: YOUNG moved that this hearing; be continued
until the 6th of January, for Ordinance #81-043.
SHEPARD: Second.
Craig Smith, Planning Department, explained what changes
had been made. He said that the only maior difference
is that portions of Section 8, concerning water and sewer
standards, have been deleted, and changes in the bonding
requirements have been added. There was some discussion
on procedure, Chairman Paulson noted that it is desirable
to have this completed by January 1, because after that
time legislation becomes effective that will delay this
for a period of about six months.
Mike Kment, Central Oregon Builders Association, said that
they are satisfied that the Planning Department and the
county have responded to some of the concerns but there
are some things that deal with water and sewer requirements
that seem to give some broad and arbitrary authority to
one person, this was under the provisions section.
He said that he did not think that there would be too many
subdivisions coming up in the first quarter of 1982, so
perhaps they would consider delaying action on this until
after the first of the year, in order to work out all of
the problems with the ordinance. He also asked what the
process pertaining to sewer and water on page 34, Section
6, was. Commissioner Shepard explained that the county
and the city have an agreement that developments within
the urban growth boundary are required to meet the city
standards for water and sewer systems.
MOTION: SHEPARD moved to table the motion.
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: NO.
Mike Kment, COBA, noted that the Planning Department has
been responsive to the concerns raised by them and the
public. He said that the association's one general area
of concern is their feeling that the county should take
a greater share of responsibility for making planning dec-
isions within the urban growth boundary instead of-going
along with the city. He said that he would prepare some
proposed wording to be added to the ordinance.
Mr. Isham said that he had received a letter from Mr. Kment
some time ago, and those concerns had been satisfied by
the Planning Commission.
Page 1 of 5
Deschutes County Board of Commissioners
Decmeber 16, 1981 - Courtday Meeting
Z
Bob Lovlien, representing Sunriver and the J.L. Ward
Company, came forward. He thanked Mr. Smith for all the
help and consideration he had extended. He commented that
there were, in his opinion, problems with the language
in the variance standards, listed on page 72. He felt
that the words "or the proposed project" should be added
to the criteria "that the condition is unique to the site".
He felt that this would give more flexibility to the criter-
ia for alternative type developments. He said that as
the criteria are written, it is difficult to obtain a
variance. He also expressed concern with the sign standards
outlined on page 58. It requires metal signs on street
corners. In Sunriver they are using wood signs and wish
to continue to do so. Mr. Smith explained that this require-
ment applied only to county roads and public ways, and
the roads in Sunriver are private roads. Mr. Lovlien said
that another of their concerns was with inspection fees,
as noted on page 35. That stipulates that the Department
of Public Works must inspect each phase of development,
and that a fee be paid for these inspections. He felt
that if a registered engineer were on the job performing
these inspections, that should be acceptable. Sunriver
retains a registered engineer who is currently performing
these inspections. Gary Judd, Public Works Department,
said that if.a professional engineer is on the job inspecting
they just review his 'as built' plans instead of performing
their own inspections. He said that they have been doing
this up to this date under the same wording in the ordinance.
Mr. Isham asked if they would do this on a county road
as well. Mr. Judd replied that they would. Mr. Lovlien
went on to express concern about the bonding and improvement
agreement section on page 23. He said that he was not
sure that warranty bonds were even available to most sub-
dividers.
Mike Kment, COBA, said that their major concern is the
cost factor, and also that they are not satisfied with
City standards.
George Cook came forward and said that he
this ordinance will improve anything, and
developments that were taking place prior
are as good as those developed later. He
felt that they should take more time with
it to LCDC after the first of the year.
doesn't gee-that
said that the
to this ordinance
said that he
this and submit
Being no further comments, the testimony was closed, for today.
Chairman Paulson noted items of concern that should be
looked at. He brought the motion to continue the hearing
until January 6 back onto the floor.
VOTE: PAULSON: NO.
SHEPARD: NO.
YOUNG: AYE.
Page 2 of 5
6eschutes County Board of Commissioners
December 16, 1981 - Courtday Meeting
MOTION: SHEPARD moved to continue this hearing until
Friday, December 18 at 9:00 A.M.
PAULSON: Second.
Commission Shepard said that he felt that they should get
on with this as soon as possible. There was some discussion
on the logistics of passing the ordinance.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Public Hear-
John Andersen, Planning Director, said that they are re-
ing regarding
questing that the county procedural ordinance be changed
Ordinance #81-
so that they can change hearing notice requirements in
051, Amend-
regard to utilities. He said that utility right-of-ways
ment to County
must be considered land use actions, which require notifi-
Procedural Or-
cation to surrounding property owners within 250 feet.
dinance
He said that in the case of utilities, this provides in-
adequate and inappropriate notification, and is also not
practical financially. They are proposing that posting
signs in the areas affected be sufficient notification.
He said that the Planning Commission is recommending that
this ordinance be adopted. This would also provide for
notification in the newspaper. Chairman Paulson read aloud
the portion of ordinance that would be changed if adopted.
Being no further testimony, Chairman Paulson closed the
hearing.
MOTION: SHEPARD moved to conduct the first and second
reading by title only.
YOUNG: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Chairman Paulson gave the first and second readings of
Ordinance #81-051 by title only.
MOTION: SHEPARD moved to approve Ordinance #81-051.
YOUNG: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Discussion
Tony Smith came before the Board to request that the Board
regarding
initiate a zone change. He explained that when he purchased
possible zone
the property he went into the Assessor's office to apply
change
for farm defferal tax status and was told that that was
not necessary because the property was zoned EFU-20. He
later found out that his property had been re-zoned MUA-
10. He said that this was changed as a result of an over-
abundance of EFU-20 zoning according to the comprehensive
plan, so some parcels was arbitrarily changed from EFU-
20 to MUA-10, including his and two of his neighbors.
Craig Smith, Planning Department, said that.the Planning
Department would accept one application for a zone change
on behalf of all three of the parties concerned. It was
noted that all three parcels in question are under 20 acres
in size. Mr. Smith said that the zoning boundary line
had been a mistake and the change was a correction.
Page 3 of
Deschutes County Board of Commissioners
December 16, 1981 - Courtday Meeting
Chairman Paulson asked Mr. Smith if he felt that this was
an unusual circumstance that the Board should take action
to correct. Mr. Smith replied that the EFU zoning had
been a mistake, and that it was intended that this property
be MUA. Commissioner Young said that he felt that we should
let them initiate the zone change themselves and waive
the fee. Tony Smith said that he is objecting to having
to pay a fee.
MOTION: YOUNG moved that Mr. Tony Smith and the other
parties involved be advised to file for a zone
change and that the fee be waived.
The motion died for lack of a second. Chairman Paulson
and Commissioner Shepard noted that it was their policy
since the budget cuts not to waive fees without the consent
of the department head. They asked John Andersen, Planning
Director, if it would be possible to waive the fee. Mr.
Andersen responded that since the budget cuts, it has been
the department's policy not to waive fees.
Discussion re- MOTION: YOUNG moved that they adopt the supplimental bud-
garding sup- get and appropriate the money, adopt Resolution
plemental bud- #81-078.
get #1 for Des- SHEPARD: Second.
chutes County VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Two. Contracts
Doug Maul, Facilities Coordinator, said that he had two
for Signature
small contracts for the Board's signature, one for work
for Remodel-
doneron the Search and Rescue Building, and one for work
ing of the
to be done in the Courthouse Annex. The Search and Res-
Courthouse
cue project was for a total amount of $3,009.55 and the
Annex
Annex project was for a total amount of $1,925.
MOTION: YOUNG moved that the contracts be approved.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Ordinance
Mr. Isham explained that both of these had to do with the
#81-056
zoning correction for Vandervert Acres, rezoning it from
Forest Use to Rural Residential.
MOTION: SHEPARD moved that the Chairman be authorized
to read first and second readings of Ordinance
#81-056 by title only.
YOUNG: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Chairman Paulson gave the first and second readings of
Ordinance #81-056 by title only.
MOTION: SHEPARD moved to approve Ordinance #81-056.
YOUNG: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Page 4 of 5
Deschutes County Board of Commissioners
'December 16, 1981 - Courtday Meeting
MOTION: SHEPARD moved that
to read Ordinance
by title only.
YOUNG: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
the Chairman be authorized
#81-057 first and second readings
Chairman Paulson gave the first and second readings of
Ordinance #81-057 by title only.
MOTION: SHEPARD moved to approve Ordinance #81-057.
YOUNG: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Being no further business, the meeting was adjourned.
DESC S COUNTY BOARD OF COMMISSIONERS
Robert C. au son, Jr., Chairman
Shepar sion
Al ert A. Young, mmiss' r
/ss
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