2007-1232-Minutes for Meeting July 20,1982 Recorded 6/21/2007DESCHUTES COUNTY OFFICIAL RECORDS ^i n
NANCY BLANKENSHIP, COUNTY CLERK ICJ ~~Y~'~~31
COMMISSIONERS' JOURNAL 46/21/047 48;55;47 AM
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2007-1232
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DESCHUTES COUNTY BOARD OF COMMISSIONERS
JULY 20, 1982 - COURTDAY MEETING
Chairman Shepard called the meeting to order at 10:00 A.M. Commis-
sioner Young and Commissioner Paulson were also present.
Amendments to There were no amendments to the agenda.
the Agenda
De Novo Ap- Craig Smith, Planning Department, came forward and
peal of TP#
briefly outlined the history of this application. He
627, Fairway
stated that the County Hearings Officer had reviewed
Point (Sun-
and approved this application in February of this year.
river)
He said that there had been some confusion about what
had been approved, because a revised plat had been pre-
pared. He had posted on the wall a copy of the original
plat and the revised plat, noting that the purpose of
the revised plat had been to avoid having any lots
access off of East Cascade Road. He stated that the
Hearings Officer had approved the revised plat. He
explained that this decision had been appealed to the
Planning Commission who upheld the Hearings Officer's
decision.
Chairman Shepard noted that the Board had reviewed the
record of the previous appeal hearing and asked if it
were the appelant's desire to specifically hold a de
novo hearing rather than a hearing on the record. Stan
Ochs, the appelant, indicated that he would be agreeable
to an on-the-record hearing. Bob Lovlien, representing
the developer, indicated that he would also agree to a
hearing on the record.
MOTION: PAULSON moved that the hearing on TP# 627,
Fairway Point, be heard on the record.
YOUNG: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
Chairman Shepard requested that each party limit their
presentation to 20 minutes, with a 10-minute rebuttal
period for each party following. He then opened the
appeal hearing and called for testimony from Stan Ochs,
the appellant.
Stan Ochs came forward and stated that he had appealled
this decision based on the fact that there is a history
of confusion on the Sunriver Master Plan. He also
stated that the Planning Commission and Hearings Officer
decisions were based on inadequate findings. He also
stated that no Master Plan was introduced or identified
PAG E 1.
in the findings. He read aloud portions of the appeal
document he had submitted, which stated that there were
inadequate findings and an inadequate record in
compliance with Ordinance #81-043. He pointed out on
the 1978 Master Plan map inconsistencies with actual
development, and noted differences between the 1978
Master Plan Map and the revised 1982 Master Plan Map.
Chairman Shepard then called for testimony from Bob
Lovlien, attorney representing the developer, Sunriver
Properties, Inc. Mr. Lovlien stated that there is a
resolution signed by the Board of Commissioners
approving the Sunriver Master Plan, dated October 18,
1978. He also stated that the Phase II Master Plan of
1978 was approved. He said that he has relied upon
these two documents for the existence of the Master
Plan. He noted that Sunriver is designated a Planned
Community in the Comprehensive Plan as opposed to a
Planned Unit Development. He stated that in the
decision by the Hearings Officer for this plat and for
the Deer Park plat the Master Plan was specifically
recognized. He noted that Mr. Ochs had made reference
to areas on the Plan map that are not consistent with
acutual development. He said that this was because the
area Mr. Ochs pointed out was not yet developed, but
that it is the developers intention to develop that area
as a park as the map indicates. He stated that he felt
that the Hearings Officer's decision was supported by
adequate findings and that there are findings indicating
that there is a Sunriver Master Plan. He also pointed
out that the Sunriver Owner's Association did not feel
it necessary to have representation at the hearing. Mr.
Lovlien had no further testimony and asked for ques-
tions. Chairman Shepard asked what the progress of the
alternate road was, the construction of the overpass at
the railroad tracks. Mr. Lovlien said that it is the
intention of the developer to build this as a secondary
access from the overpass to Hwy. 97. The developer will
build the overpass.
Chairman Shepard called for rebuttal comments from Mr.
Ochs. Mr. Ochs read aloud a portion of the Hearings
officer's decision relating to the Sunriver Master Plan.
He requested that no plats be approved on a Master Plan
that is being changed. He read from a letter dated
November 23, 1981 from the Sunriver Owner's Association
requesting that plats be delayed until the problems with
the revised Master Plan are resolved. He stated that
they want to have the plats approved after the Master
Plan and the zoning ordinance for Sunriver are reviewed
and approved by the County.
PAG E 2
Chairman Shepard then called for rebuttal comments from
Mr. Lovlien. Mr. Lovlien stated that the Master Plan
was done in 1978 and that this plat conforms with the
1978 Master Plan map as well as the revised Master Plan
map that has been reviewed by the Planning Commission.
He noted that this subdivision will be part of Phase II
of the development and will be subject to the Phase II
contract conditions, covenants and restrictions as well
as the Phase II maintenance assessments. He said that
Fairway Point Village has been handled in exact com-
pliance with the Sunriver Master Plan.
Chairman Shepard closed the hearing as there were no
other parties wishing to testify. There was some brief
discussion as to how the Board wished to proceed at this
point. It was noted that all three Board members had
reviewed the record and heard today's testimony.
MOTION: PAULSON moved that the Board uphold the
decision of the Hearings officer and adopt
his findings and conclusions as findings and
conclusions.
YOUNG: Second.
Chairman Shepard asked where the location of the access
road onto Highway 97 would be and who would control it.
Mr. Smith stated that the State Highway Division will
regulate this; and that the Development Agreement will
cover all aspects of development of this road. He
stated that this will require an approved agreement with
the County.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
Other Staff/ There were none.
Public Concerns
For Signature: Before the Board were a number of OLCC License Renewal
OLCC License Applications. The first was from Twin Lakes Resort,
Renewals Inc.
MOTION: YOUNG moved that the Twin Lakes Liquor License
renewal application be approved.
PAULSON: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
The next was for Mary & Robert Dickey, KOA Kampground.
MOTION: PAULSON moved to approve.
YOUNG: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
PAG E 3
The next was for Jack and Minnie Baker, Baker's Grocery
in LaPine.
MOTION: YOUNG moved to approve.
PAULSON: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
The next was for the Millican Store.
MOTION: PAULSON moved to approve.
YOUNG: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
The next was for the Inn of the Seventh Mountain.
MOTION: YOUNG moved to approve both.
PAULSON: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
The next was for the Mt. Bachelor Minilodge and the Main
Lodge.
MOTION: YOUNG moved to approve both.
SHEPARD: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
The next was for Entrada Lodge, Inc.
MOTION: PAULSON moved to approve.
YOUNG: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
The next was for Jane and Kent Rockholt, Cultus Lake
Resort.
MOTION: YOUNG moved to approve.
SHEPARD: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
The next was for George and Shirley Moore, Brothers
Store.
MOTION: SHEPARD moved to approve.
YOUNG: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
For Signature: Before the Board were four requests for refund. The
Requests for first was in the amount of $25 to Phil and Cindy Massi-
Refund cotte; the second was in the amount of $5 to Rick Cowan;
PAG E 4
the third was in the amount of $135 to Lisa Hardin; and
the fourth was in the amount of $135 to J.W. Owens. The
Board approved these requests.
For Signature: It was noted that the contract for Williams Loop LID was
Contract for not yet ready for Board signature. Before the Board at
Brightenwood this time was the Brightenwood LID contract.
LID MOTION: PAULSON moved to approve.
YOUNG: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
Contract Ex- It was noted that this would be signed at tomorrow's
tension with meeting.
St. Charles
Medical Cen-
ter
Chairman Shepard noted that the agenda indicates that
the Board will hold a 208 Water Study hearing in LaPine,
but noted that due to conflicting meetings, he would be
the only Board member able to attend.
MOTION: PAULSON moved that the Board appoint Chairman
Shepard as the person responsible for taking
testimony on behalf of the Board at this
evening's hearing in LaPine.
YOUNG: Second.
VOTE: SHEPARD: ABSTAIN.
PAULSON: AYE.
YOUNG: AYE.
Being no further business at this time, Chairman Shepard recessed the
meeting until the next day at 10:00 A.M.
DESCHUTES COUNTY B ARD OF COMMISSIONERS
CLAY SHEPARD, CHAIRMAN
ROBERT C. PAULSON, JR., COMMI ER
AL ERT A. YOU X-OMMISS
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