2007-1492-Minutes for Meeting May 07,2007 Recorded 9/10/2007- rt
COUNTY
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COMMISSIONERS' JOURNAL 4911412007 12;44;58 PM
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2007-1482
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{ Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
MINUTES OF BUSINESS MEETING - LAND USE
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., MONDAY, MAY 7, 2007
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioner Michael M. Daly, Dennis R. Luke and Tammy Baney.
Also present were Mark Pilliod and Laurie Craghead, Legal Counsel; Tom
Anderson, Anthony Raguine and Peter Gutowsky, Community Development
Department; and about twenty other citizens. No representatives of the media
were in attendance.
Chair Michael M. Daly opened the meeting at 10: 00 a. m.
1. Before the Board was Citizen Input.
Mark Pilliod introduced Peter Werner, a law clerk who will be working for the
County on the Central Electric Cooperative Measure 37 claim.
No other input was offered.
2. Before the Board was a Hearing and Consideration of Signature of Order
No. 2007-089, a Measure 37 Claim (Hale).
Tom Anderson explained that the claim was filed by Joan Hale and Susan and
James Long, and involves two parcels located southeast of Bend off Bobcat
Road, near Rickard Road. The first lot, 701, is five acres zoned EFU with the
Tumalo-Redmond-Bend subzone and a surface mining overlay. The second lot,
700, is fifteen acres with the same zoning. The claimants wish to subdivide the
lots together into four five-acre parcels. The amount of damage claimed is
$500,000.
Minutes of Board Business Meeting - Land Use Monday, May 7, 2007
Page 1 of 9 Pages
The ownership is split. Joan Hale and her husband Delbert acquired both
parcels on December 1, 1971 via a land sale contract, and title was conveyed by
warranty deed on January 12, 1978. The property was conveyed to Joan Hale
and Susan and James Long in 1985. In terms of Measure 37, Joan Hale's
ownership interest since December 1, 1971 is unbroken. The first indication of
Susan and James Long's interest is September 19, 1985. This will be important
in the future, depending on who files a land use application.
In 1971, with PL-2 zoning, and a five-acre minimum lot size, a subdivision
would probably have been allowed. In 1985 EFU 20 was in effect.
There were no letters of opposition submitted.
Commissioner Luke confirmed that all three parties hold the same interest. If
Ms. Hale applies, it will go back to 1971 and the other two parties will benefit.
Commissioner Daly disclosed that he knows Susan Long through livestock
interests.
Commissioner Daly opened the hearing at this time. No testimony was offered;
the hearing was closed.
Commissioner Baney asked if it is a concern that the claimant did not show up.
Mark Pilliod stated that normal notice was given and it can probably be
assumed that they feel they do not need to attend.
BANEY: Move signature.
LUKE: Second.
VOTE: BANEY
LUKE:
DALY:
Yes.
Yes.
Chair votes yes.
3. Before the Board was a Hearing and Consideration of Signature of Order
No. 2007-090, a Measure 37 Claim (City of Prineville Railway).
Mr. Anderson stated that the City of Prineville submitted the claim, for property
located off O'Neill Way, just outside the urban reserve area Redmond. The
property is about eleven acres zoned EFU, Terrebonne subzone, except for a
portion that is zoned open space/conservation with a surface mining overlay.
The desire is to develop the property for commercial and industrial uses. The
amount of damage claimed is $1,602,000.
Minutes of Board Business Meeting - Land Use Monday, May 7, 2007
Page 2 of 9 Pages
The property was acquired on April 19, 1917. The County does not dispute the
acquisition date; however, under the ORS of Measure 37, only private owners
can claim relief and since this is publicly owned property, staff believes that it
is not eligible. If the courts decide the City is eligible, the County will let them
proceed.
Mark Pilliod said no staff report was provided because the Order explains the
principal reason for not elaborating, which is that the property is publicly
owned.
Jeff Wilson, an attorney for Miller Nash LLP, Prineville, representing the
claimant, said that the staff report was no great surprise. It is his position that
under Measure 37, regarding eligibility, there is a distinction between waivers
and those who seek compensation. It is clear that you cannot seek
compensation unless you are a private individual, but by omission in another
section, it would apply to both public entities and private individuals. The
purpose seems to be for claimants to seek waivers to use the property rather
than compensation.
Mark Pilliod stated that it is his opinion that the Measure excludes public
entities from receiving either compensation or a waiver.
No other testimony was offered, so the hearing was closed.
LUKE: Move signature.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Commissioner Luke said he can't understand why this land is zoned EFU, as it
is clearly not suitable for EFU ground. They also tried to get the City of
Redmond to accept the property into the urban reserve, but were not successful.
4. Before the Board was a Hearing and Consideration of Signature of Order
No. 2007-091, a Measure 37 Claim (Stearns).
The claimants are Peter Stearns and Susan Clark, and concerns eight parcels
located along both sides of the Little Deschutes river, west of the City of La
Pine off Huntington Road.
Minutes of Board Business Meeting - Land Use Monday, May 7, 2007
Page 3 of 9 Pages
Lot 100 is 79 acres zoned EFU, La Pine subzone, with a wildlife overlay; lot
3100 is about 79 acres; lot 300 is 84 acres; lot 6500 is 39 acres; lot 3200 is
about 40 acres; lot 3700 is about 82 acres; and lot 3100 is about 153 acres,
zoned EFU La Pine subzone, with some in the flood plain and some zoned RR-
10. There are landscape management and wildlife management overlay zones.
Lot 99 is about a half-acre located along the River, zoned flood plain. The total
is approximately 560 acres. The claimant wishes to subdivide the consolidated
total into five-acre parcels. The amount of damage claimed is $17,355,920.
Ownership, with the exception of last parcel, was acquired via a Circuit Court
order of distribution dated July 16, 1965. The last parcel was acquired via a
bargain and sale deed dated April 19, 1995. The properties have been owned
continuously since those dates. There was no zoning in effect in 1965 in that
area, so a subdivision probably would have been approved. In 1995 the one
parcel has the same zoning as today.
For those located within the flood plain, as decided in previous M 37 claims,
this is an exempt regulation and provisions of that zone would not be waived by
this Order. There is a process for a land owner to dispute the boundary of a
flood zone by commissioning a flood plain survey of the area. There was one
letter of opposition on the claim from Central Oregon Land Watch, similar to
points they have raised in previous Measure 37 claims; there was nothing
specific to this claim.
Chair Daly opened the hearing.
Jeff Wilson, attorney for the claimants, said he dos not disagree with the staff
report. His clients are concerned about the last parcel and asked for a
supplemental report. All of the others are eligible back to 1965. There may be
an issue of transferability in the future regarding the last parcel, which was
acquired by family members many years ago.
No other testimony was offered, so the hearing was closed.
Mark Pilliod explained that the staff report includes the legal description of the
lots. The staff report and Order make reference to the third parcel in error;
references should state "C", not "D".
LUKE: Move corrections.
BANEY: Second.
Minutes of Board Business Meeting - Land Use Monday, May 7, 2007
Page 4 of 9 Pages
Mark Pilliod said that in regard to the last parcel, the Measure 37 analysis in
terms of reduction in value includes looks at the ownership tracing back from
current owners through relations and family members, as long as it is an
unbroken interest. The current claimants did acquire it through a wholly owned
corporation, Stearns Land Company, from family members. He said he would
not dispute the prospect of these claimants submitting such a claim.
If there is a reduction in value, the waiver only extends to the date the claimants
first acquired their interest in 1995. This would have limited the development
opportunities of this parcel. The seven other parcels were not created by the
action or request of the owners, but were developed by the assessor's office to
facilitate County taxes. It was not by virtue of a partition or subdivision, and
does not represent separate buildable lots at this time.
BANEY: Move signature, as amended.
LUKE: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
5. Before the Board was a Hearing and Consideration of Signature of Order
No. 2007-092, a Measure 37 Claim (Kauffman).
Mr. Anderson said that the property is located off Oxbow Lane. It is a single
parcel in Cimarron City consisting of approximately five acres zoned MUA-10
with an airport safety overlay. The claimants wish to partition the property into
two 2-1/2 acre parcels; the amount of damage claimed is $100,000. There are
split ownership dates; the property was originally purchased by Mr. Kauffman
on February 29, 1968. The Cimarron City subdivision was created afterwards.
On May 18, 1973 he deeded the property to himself and his wife; they have
owned it continuously since then. In 1968 there was no zoning on the property
and a partition probably would have been allowed. In 1973 the property was
zoned PL-5, A-1, with a five-acre minimum.
The claimant feels that there was no partition ordinance in place in 1973;
therefore, it would have been allowed. Staff feels the minimum lot size would
have held. There is a letter of support of the claim from Keith and Gwen Elster.
No letters of opposition were received.
Minutes of Board Business Meeting - Land Use Monday, May 7, 2007
Page 5 of 9 Pages
William Kauffman came before the Board and said he just wants to be like his
neighbors, who have 2.5 acre lots. He said the date of submission was
December 1, 2006, not as stated in the Order as December 14, 2006.
BANEY: Move change as stated.
LUKE: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Mr. Kauffman said he and his wife were married on June 22, 1971.
Commissioner Luke pointed out that her name is not on the title, and they can
own property separately.
Mr. Kauffman stated that the adjoining land was divided after that time. He
was involved in the partition and dedication of the adjoining subdivision that
surrounds his property. Other parcels have been split since then.
BANEY: Move signature, as amended.
LUKE: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
6. Before the Board was a Hearing and Consideration of Signature of Order
No. 2007-093, a Measure 37 Claim (Hausner).
Tom Anderson explained there are two parcels located at Collins Road,
northwest of Bend off Couch Market Road. Lot 800 is about five acres zoned
EFU Tumalo-Redmond-Bend subzone, with a conventional housing overlay.
Lot 100 is about 28 acres zoned EFU. The claimants wish to subdivide the
properties into seven lots. The amount of damage claimed is $2,225,000.
The property was acquired by Jill Hausner via a memorandum of sale on
August 3, 1977. It was recently conveyed to the Jill Hausner revocable trust,
but this does not break the ownership history. The date of the Order would be
August 3, 1977.
minuses of tsoarct 13usmess Meeting - Land Use Monday, May 7, 2007
Page 6 of 9 Pages
PL-5, A-1 zoning was in place at that time, with a five-acre minimum lot size.
This falls in between statewide land use goal adoption by the State and County,
so a State waiver is required. There is a typographical error under the first
"whereas"; it should say November 1, 2006.
LUKE: Move change as stated.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Chair Daly opened the hearing.
Danielle Strome, representing the claimant, said she is satisfied with the Order
and the staff report.
No other testimony was offered, so the hearing was closed.
BANEY: Move signature as amended.
LUKE: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
7. Before the Board was Consideration of Chair Signature of Documents No.
2007-219 and No. 2007-227, Amendments to Grant Agreements with the
U.S. Environmental Protection Agency regarding Groundwater Studies in
South County.
Tom Anderson explained that the two documents would extend two main grants
for the groundwater protection project. One has to do with the near-stream
environmental study that has been conducted for over a year, regarding the
effects of nitrates on the rivers. The work has been done by USGS but they
have not yet completed the publishable report; they indicate it will be done
within three months. This amendment extends the grant time period to
September 31, 2007 so that expenses can be reimbursed. It is not uncommon to
have to extend grants.
1WHIULes VI tsoara tsusmess Meeting - Land Use Monday, May 7, 2007
Page 7 of 9 Pages
Commissioner Luke confirmed that the County is acting basically as a pass-
through from one federal agency to another.
Commissioner Baney asked about some of the dollar figures listed, and asked if
there are additional funds involved. Mr. Anderson replied that there is no
additional funding.
The second amendment is for a grant that is being extended for another year, to
allow for the groundwater study to continue. It may be necessary to continue
the grant at that point if the work has not been completed.
LUKE: Move signature, as amended.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
8. Before the Board was Consideration of First Reading of Ordinance No.
2007-013 and Ordinance No. 2007-014, Amending County Code and
Zoning Map to Change a Property's Plan Designation from Surface
Mining to Rural Residential Exception Area/Multiple Use Agricultural.
Anthony Raguine explained the location of the property, and that the legal
descriptions for two tax lots need to be added to the record. Laurie Craghead
added that if there are any changes the amendment needs to be read in full or it
needs to be postponed for a week. It is required that the Board adopt the
Hearings Officer's findings in this situation since it was not called up by the
Board.
BANEY: Move continuation until the May 15, 2007 10:00 a.m. Board
meeting.
LUKE: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
9. Before the Board were Additions to the Agenda.
None were offered.
minutes or tsoara tsusmess Meeting - Land Use Monday, May 7, 2007
Page 8 of 9 Pages
Being no further items to come before the Board, Chair Daly adjourned the
meeting at 11:10 a. m.
DATED this 7th Day of May 2007 for the Deschutes County Board of
Commissioners.
ATTEST:
&uw-, &IU4 -
Recording Secretary
A M chael . Daly, C it
ennis R. Luke, Vice Chair
Tammy Baney, Commissioner
Minutes of Board Business Meeting - Land Use Monday, May 7, 2007
Page 9 of 9 Pages
Ltl~
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
BUSINESS MEETING AGENDA - LAND USE
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., MONDAY, MAY 7, 2007
Commissioners' Hearing Room - Administration Building
1300 NW Wall St., Bend
1. CITIZEN INPUT
This is the time provided for individuals wishing to address the Board, at the Board's
discretion, regarding issues that are not already on the agenda. Citizens who wish to speak
should sign up prior to the beginning of the meeting on the sign-up card provided. Please
use the microphone and also state your name and address at the time the Board calls on you
to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject
of a public hearing will NOT be included in the record of that hearing.
2. A HEARING and Consideration of Signature of Order No. 2007-089, a
Measure 37 Claim (Hale) - Mark Pilliod, Legal Counsel; Tom Anderson,
Community Development
3. A HEARING and Consideration of Signature of Order No. 2007-090, a
Measure 37 Claim (City of Prineville Railway) - Mark Pilliod, Legal Counsel;
Tom Anderson, Community Development
4. A HEARING and Consideration of Signature of Order No. 2007-091, a
Measure 37 Claim (Stearns) - Mark Pilliod, Legal Counsel; Tom Anderson,
Community Development
5. A HEARING and Consideration of Signature of Order No. 2007-092, a
Measure 37 Claim (Kauffman) - Mark Pilliod, Legal Counsel; Tom Anderson,
Community Development
6. A HEARING and Consideration of Signature of Order No. 2007-093, a
Measure 37 Claim (Hausner) - Mark Pilliod, Legal Counsel; Tom Anderson,
Community Development
Board of Commissioners' Business Meeting Agenda Monday, May 7, 2007
Page 1 of 6 Pages
7. CONSIDERATION of Chair Signature of Documents No. 2007-219 and
No. 2007-227, Amendments to Grant Agreements with the U.S. Environmental
Protection Agency regarding Groundwater Studies in South County - Peter
Gutowsky, Community Development Department
8. CONSIDERATION of First Reading of Ordinance No. 2007-013 and
Ordinance No. 2007--014, Amending County Code and Zoning Map to Change
a Property's Plan Designation from Surface Mining to Rural Residential
Exception Area/Multiple Use Agricultural - Anthony Raguine, Community
Development
9. ADDITIONS TO THE AGENDA
Deschutes County meeting locations are wheelchair accessible.
Deschutes County provides reasonable accommodations for persons with disabilities.
For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY.
Please call (541) 388-6571 regarding alternative formats or for further information.
FUTURE MEETINGS:
(Please note: Meeting dates and times are subject to change. All meetings take place in the Board of
Commissioners ' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions
regarding a meeting, please call 388-6572)
Monday, May 7 2007
10:00 a.m. Board Land Use Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council)
Tuesday, May 8.2007
7:30 a.m. Legislative Update Conference Call
Wednesday, May 9 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
rsoara or commissioners' business Meeting Agenda Monday, May 7, 2007
Page 2 of 6 Pages
Tuesday, May 15, 2007
10:00 a.m. Measure 37 Hearings
Wednesday, May 16 2007
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, May 17, 2007
7:00 a.m. Regular Meeting with the Redmond City Council, Redmond Council Chambers
8:00 a.m. (Tentative) Community Justice Director Interviews
Monday, May 21, 2007
10:00 a.m. Board Land Use Meeting
1:00 P.M. Budget Meetings
Tuesday, May 22, 2007
7:30 a.m. Legislative Update Conference Call
1:00 P.M. Budget Meetings
Wednesday, May 23 2007
10:00 a.m. Board of Commissioners' Meeting
1:00 P.M. Budget Meetings
Thursday, May 24 2007
1:00 P.M. Budget Meetings
Friday, May 25, 2007
1:00 P.M. Budget Meetings
Monday, May 28, 2007
Most County offices will be closed to observe the Memorial Day Holiday.
Board of Commissioners' Business Meeting Agenda Monday, May 7, 2007
Page 3 of 6 Pages
Wednesday. May 30 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, June 4 2007
10:00 a.m. Board Land Use Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council)
Tuesday, June 5, 2007
7:30 a.m. Legislative Update Conference Call
Wednesday, June 6, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, June 7, 2007
10:00 a.m. District Attorney Update
11:00 a.m. Community Development Department Update
1:30 p.m. Road Department Update
Wednesday, June 13, 2007
10:00 a.m. Youth Challenge Graduation Ceremony - Fairgrounds
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, June 14, 2007
1:00 P.M. Mental Health Department Update
2:00 p.m. Health Department Update
Board of Commissioners' Business Meeting Agenda Monday, May 7, 2007
Page 4 of 6 Pages
Monday, June 18, 2007
10:00 a.m. Measure 37 Hearings
12:00 noon Regular Meeting with Department Heads
1:30 p.m. Administrative Work Session - could include executive session(s)
Tuesday, June 19 2007
7:30 a.m. Legislative Update Conference Call
10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee
Wednesday, June 20, 2007
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, June 21, 2007
7:00 a.m. Meeting with Bend Chamber of Commerce - Legislative Policy Council
9:00 a.m. Juvenile Community Justice Department Update
10:00 a.m. Parole & Probation Department Update
Monday, June 25, 2007
10:00 a.m. Board Land Use Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, June 27 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, June 28, 2007
9:00 a.m. Fair & Expo Department Update
11:00 a.m. Commission on Children & Families' Department Update
Board of Commissioners' Business Meeting Agenda Monday, May 7, 2007
Page 5 of 6 Pages
Monday, June 25, 2007
10:00 a.m. Board of Commissioners' Meeting for the Week
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday. July 4 2007
Most County offices will be closed to observe Independence Day.
Thursday, July 5 2007
8:00 a.m. Regular Meeting with the Sisters City Council, Sisters City Hall
Wednesday. Jul 11 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, July 12 2007
7:00 a.m. Regular Meeting with the Redmond City Council, Redmond Council Chambers
12:00 noon Regular Meeting of Audit Committee
Deschutes County meeting locations are wheelchair accessible.
Deschutes County provides reasonable accommodations for persons with disabilities.
For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY.
Please call (541) 388-6571 regarding alternative formats or for further information.
Board of Commissioners' Business Meeting Agenda Monday, May 7, 2007
Page 6 of 6 Pages