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2008-151-Minutes for Meeting February 27,2008 Recorded 3/20/2008COUNTY NANCYUBLANKENSHIP,FCOUNTY CLERKDS Vd iQ~Y-151 COMMISSIONERS' JOURNAL 1111111111111111111111111111 111 03/20/2008 10:25:21 AM 2008-1 51 Do not remove this page from original document. Deschutes County Clerk Certificate Page 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 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, FEBRUARY 27, 2008 Present were Commissioners Dennis R. Luke, Tammy Melton and Michael M. Daly. Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy County Administrator; David Givans, Internal Auditor; Judith Ure, Administration; David Inbody, Assistant to the County Administrator; Terri Payne, Community Development; Teresa Rozic, Property Management; Anna Johnson, Communications; Laurie Craghead, Legal Counsel; Sheriff Larry Blanton; media representative Doug Johnson of KOHD News; and approximately twenty other citizens. Chair Luke opened the meeting at 1:30 p.m. 1. Presentation of Demographic Information on the Library District. Michael Gaston, who is retiring at the end of the year, explained how the library district has changed over the past ten years. They are establishing goals for the next decade and want to reach out to the community to find out what is needed and wanted, given the changing population and demographics of the area. Mr. Gaston then did a PowerPoint presentation emphasizing the population growth in the County. Juniper Ridge has a negative impact because of the urban renewal district, which does not provide funding for the library or other entities. He emphasized that population per square mile is key, not population growth per census area, which is not as accurate for this purpose. Also, the population of the area is aging; the 20-24 age group is increasing, and the 55-64 age group is significantly increasing. The other age groups will be flat or decline. Although income levels are increasing, they are not keeping up with expenses, and the result will be more people living in poverty. It is important for the community to know what it is, what it is becoming and what it wants to be. Minutes of Administrative Work Session Wednesday, February 27, 2008 Page 1 of 8 Pages ESRI is the primary source of the demographic information, but data was also obtained from the cities and County records. All of the findings are available through the libraries. 2. Report on Decision to Not Propose for La Pine Affordable Housing Project. Laura Craska Cooper of Housing Works stated that La Pine is not even on the rural development list so a project, if built there, would not be feasible to operate. However, there definitely is a need there for this type of assistance. Cyndy Cook said that she wants to be sure that it will work. The amount of subsidy it would take to make a La Pine program operational was very big and not affordable. Resources through the state, federal and locally were examined but none could meet the need. There is a program through the USDA rural development department, which has been used in Jefferson County. It may be possible to get La Pine on the list, now that it is a city. The group has partnered in the past with companies that have the means to work on these projects; both projects were in Madras. They will probably be refocusing their efforts on smaller projects, preservation, and fundraising. 3. Work Session on Proposed Sunriver Town Center District. Commissioner Luke stated that there was no notice of public testimony and therefore no public testimony can be accepted. Terri Payne gave an overview of the proposal and previous hearings before the Planning Commission. This change would affect the comprehensive plan and add a new plan designation. Amendments have been made after meetings of the applicants and the Sunriver Owners Association. Commissioner Luke asked if the Sunriver Owners Association testified. Some of the units will be mixed use - commercial and residential. Height has been very controversial; some residents don't want the building to be higher than others that are already there. The height will appear different from opposite sides of the building. Committed open space is a critical component, especially for residents. There will be reduced parking levels for the residential units and a transportation demand study. Minutes of Administrative Work Session Wednesday, February 27, 2008 Page 2 of 8 Pages Staff feels that this plan as proposed is reasonable. Some residents have a problem with the way that Sunriver will appear, much more urbanized when compared with how it started out. There have been many discussions between the applicants, the property owners and others to work out the details. All of the meetings and documents are posted on the CDD webpage. The Planning Commission ultimately voted six to one to approve the project. The version the Board received may not be the final one, as the applicant will be making a few more changes. As of this point, the Sunriver Owners Association Board has been supportive. Commissioner Luke said he assumes the first hearing would be primarily presentations from staff and the applicant, even though there would likely be a lot of other citizens present. Perhaps the first meeting could be held at the County. The second hearing could be held in Sunriver. Commissioner Daly stated that the first meeting would probably be just to bring the Commissioners up to speed. Commissioner Melton stated that she would like a breakdown of the main points. Commissioner Luke feels that it would make more sense to hear the applicant first, as that would answer a lot of questions. Commissioner Melton would like to hold all of the hearings in the Sunriver area. 4. Continued Discussion of 1145 Funding. Dave Kanner stated that last year to keep misdemeanor supervision going and some other programs, a contribution was made from general fund. The only way to avoid this in the future is to make a change to the 1145 funding split. Sheriff Blanton asked David Givans to determine the Sheriff's actual cost of housing 1145 prisoners. The study was done in January. The Budget Committee was advised and told that a 60/40 split is recommended. This split was assumed and discussion has occurred on that basis. Sheriff Blanton said that $300,000 should be given to District 2 if this occurs. Minutes of Administrative Work Session Wednesday, February 27, 2008 Page 3 of 8 Pages Commissioner Luke stated that some promises were made to voters as to when the higher rate in the tax base might have to kick in. Sheriff Blanton said that he is very mindful of the money. He added that 1145 funding is not reliable anyway. He wants to avoid a higher tax to the citizens but it will be hard to run District 2. District 1 is somewhat easier. He has no grand scheme or crystal ball. 1145 funding increases about 3% a year and costs are more than that. Dave Kanner said that he doesn't believe the rate has to be raised at this point. He stated that changing the ratio to 60/40, it generates about $240,000 for Parole & Probation. Take away the general fund amount of $340,000, and the total deficit, based on pay increases and other costs, will come to about $250,000. If the split were 65/35, it would offset the deficit, but this solves the problem for just one fiscal year. It is not sustainable, however. Because of union contracts, the cost will go up more quickly than any 1145 increases. The split would have to go up each year and still would not provide enough funds, simply because the State chronically underfunds this program. Marty Wynne said that $150,000 relative to the total budget is only about 4%. Mr. Kanner stated tat there are programs in Parole & Probation that are not mandated and can be cut. One is to cut domestic violence supervision, close the transition house or cut sex offender supervision. Commissioner Melton this is all short-sighted and would ultimately impact the Sheriff's Office and the Courts. Ken Hales stated that there are portions of the programs that might be dropped. If the transition house closed, there might be a little money to put them into the cheap hotels. What is lost is the hard core sex offender or mentally ill offender that can't make it anywhere. They need housing. Commissioner Luke said you can't look at these in a vacuum. There are other departments and programs that have to be considered as well. Parole & probation has been a drain for the past few years, and much of the problem is inadequate State funding. Mr. Kanner stated that the big picture is important. There is a fair chance that there might be adequate funding to subsidize the department and programs can be preserved. The Sheriff says that District 2 would have to take funds out of contingency to operate. Minutes of Administrative Work Session Wednesday, February 27, 2008 Page 4 of 8 Pages Commissioner Melton asked if there are ways to expand perhaps electronic monitoring, or if there are more efficiencies to be found. Mr. Hales said he is trying to combine Parole & Probation and Juvenile in some aspects, such as handling paperwork. Over 90% of the funds go to payroll. The rest are programs. Safety has to be first. They have to supervise felons. Mr. Kanner stated that unless the County opts out, the County has no choice but to do what is required. Mr. Hales said there are twice as many offenders per case bank as there were a couple of years ago. Even at status quo, it will be hard to maintain even that. The County is paid on the number of felons, not on misdemeanors. If the misdemeanors were eliminated, the cost would be the same. The overall caseload would go down and there would be layoffs. Mr. Hales stated that the average caseload for Juvenile is about 40. Commissioner Melton asked if these people could monitor the other cases. Mr. Hales stated that the officer has to be certified to do certain things and it is hard to cross over. Juvenile officers are not certified as public safety officers. It is possible to train them but that costs money and takes time. He added that there are probably 150 misdemeanants on supervision, about 3 officers. There are about 1,000 felons on active probation and in case bank about 700. Case bank offenders are typically lower risk, and have to report in regularly, pay restitutions and so on. That's how the lower level offenders are handled. If it was left at 55/45, misdemeanor supervision would be eliminated and the transition house would have to close. Mr. Kanner said that 1145 money could be used for a variety of things. Commissioner Melton stated that the question is whether the State wants to oversee the sex offenders and others. Mr. Hales explained that the funding has little to do with the number of felons and misdemeanors. The State divides up the funding per County with little regard to the numbers and how the money is spent. He said Oregon is one of few states that funds this way. Commissioner Melton asked about the transient lodging tax funding and whether it could go into general fund to offset District 2 shortfalls. Minutes of Administrative Work Session Wednesday, February 27, 2008 Page 5 of 8 Pages Commissioner Luke said it justified only for patrol that is needed in resort areas. Mr. Kanner is concerned about the piecemeal approach for budgeting. Each department should make its requests and show how it fits into the overall plan. $240,000 would be taken from the Sheriff's Office and would need to be offset. Sheriff Blanton said he does not suggest cutting back on Parole & Probation; it would ultimately end up with more work for the Sheriff and the Courts. Law enforcement issues can't be planned out. He added that this is also about the future. There will be real problems with Parole & Probation funding later. They are 100% depending on 1145 funding and it is unreliable. Mr. Hales added that it is flat money and isn't growing. Commissioner Daly said that there may be low risk offenders that can be eliminated from supervision. Commissioner Luke stated that the longer you wait to cut programs, the more drastic it will be. If Initiative 41 passes, it will affect the lottery amount to counties. If mandatory sentencing passes, it will cost a fortune. It is all about managing offenders. He would like to get general fund money to build some kind of contingency in District 2. Mr. Kanner stated that there are no general fund programs that depend on it. However, in the future there will not be general funds to cover the needs of departments and all departments will be affected. Sheriff Blanton stated that he will not use District 2 funds to offset any other program or department. And a split higher than 60/40 would negatively impact District 1. Commissioner Melton asked if there is a policy on which misdemeanants should be monitored and whether there are more efficient ways to do this. Mr. Hales said 8% of the budget is administrative and is run efficiently. Most of the work is on case files. Commissioner Melton asked if the County is in a position to allocate $300,000 to outside agencies when there are departments in need. Minutes of Administrative Work Session Wednesday, February 27, 2008 Page 6 of 8 Pages Commissioner Daly asked what is done to supervise misdemeanants. Mr. Hales said there are visits, possible restitution, community service or treatment. Of the sex offenders supervised, there are probably eight or nine categories. The public indecency cases are primary. Some take up a lot of time. Much depends on what the court orders. You need to spend most of your money on the serious ones. The more that can be moved into case bank, the more is available for the serious offenders. Commissioner Luke quoted that the true cost of anything is what you give up. If you don't fund partners who deal with prevention, that's a problem. Public safety is important and prevention is a big part of that. There are choices to be made. He would like to see what reserve funds are available and not committed. The question is whether and how fast you spend down the reserves. Mr. Wynne stated that some funds are available but will be at a cost. Some things should not be touched. Commissioner Daly asked if all departments could be asked to cut 5% across the board. How much of an impact would the citizens experience. Commissioner Luke said it can unintended consequences. Some departments have mandated programs. Others might be cut by the State. Marty Wynne explained that three departments will come in balanced, for a variety of reasons. Mr. Kanner stated that each department will have to determine what is best for them, and fund the programs that are efficient and valuable and eliminate those that are not. He will look at the big picture and report back. 5. Other Items. The Board went into executive session at this time to discuss real estate and litigation issues. Being no further discussion, the meeting adjourned at 4:45 p.m. Minutes of Administrative Work Session Wednesday, February 27, 2008 Page 7 of 8 Pages DATED this 27th Day of February 2008 for the De hutes County Board of Commissioners. i Dennis R. Luke, rL r Tammy (Baney) Melton, Vice Chair ATTEST: Recording Secretary Micha6l M. Daly,"Con*issioner Minutes of Administrative Work Session Page 8 of 8 Pages Wednesday, February 27, 2008 Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 P.M., WEDNESDAY, FEBRUARY 27, 2008 1. Presentation of Demographic Information - Michael Gaston, Library District 2. Report on Decision to Not Propose for La Pine Affordable Housing Project - Housing Works 3. Work Session on Proposed Sunriver Town Center District - Terri Hansen Payne • Planning Commission Meeting Minutes, Code Documents, Staff Report & Other Documents 4. Continued Discussion of 1145 Funding 5. Other Items PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to ORS 192.660(2) (e), real property negotiations; ORS 192.660(2) (h), pending or threatened litigation; or ORS 192.660(2) (b), personnel issues Meeting dates, times and discussion items are subject to change. All meetings are conducted 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. 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. 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A A A A A A A A a. ~ co ~Cm 24.4 CL C t] OE m~ c Ec m m > C m ~ an m> M .c A a. a 0 c s, v C u C tai ~0 ` in U 4 E C CD E CD *0 4- CL 4) +M M C E r c r- c: E E a 00 0 ~ V • r r • • i A A f V E 144 CL t i.1 C V W ~ I~ eP 0 t1 CD *d l cn ift pr \ i, ~iyty > 3 1 tU C C1 t3 m CL ,0 _ 'E .t: 0 E C„~Z3 to L fiJ "C7 E 4) Co .C C` E 10-0 0 C v, 0 yyW~r+ 0 Y ~ w CO s~ P7 Oft O v ti A ^5 Community Development Department Planning Division Building Safety Division Environmental Health Division 117 NW Lafayette Avenue Bend Oregon 97701-1925 (541)388-6575 FAX(541)385-1764 http://www.co.deschutes.or.us/cdd/ STAFF REPORT To: Deschutes County Board of County Commissioners From: Terri Hansen Payne, Senior Planner Date: February 27, 2008 Subject: Work Session on Plan & Text Amendments PA-07-6/TA-07-6 1. PURPOSE SilverStar Destinations has proposed plan amendment PA-07-6 and text amendment TA-07-6 to revise Deschutes County Code (DCC) to create a Town Center district in the Sunriver Urban Unincorporated Community. The Town Center would accommodate mixed-use development including retail, commercial, overnight lodging, live/work and multi-family residential uses. II. PROCESS Starting in 2006, the applicant worked with the Sunriver Owners Association (SROA) Board of Directors and together they created a proposal generally acceptable to both the applicants and the SROA Board. At a pre-application meeting in early 2007, staff noted that the proposed amendments are somewhat unusual and outlined a three part process for the applicant. ■ Step 1 is to create the language and regulations for a new Comprehensive Plan designation and zoning district in Sunriver. This step is legislative and includes review and a recommendation from the Planning Commission (Commission) to the Board of County Commissioners (Board), who will make the final decision. ■ Step 2 is to amend the Comprehensive Plan and Zoning maps to apply the new district to specific properties. This step is quasi-judicial with the initial findings and decision done by a hearings officer, and the Board again making the final decision. ■ Step 3 is to submit a conceptual site plan and individual site plans. These are quasi- judicial processes which will go to a hearings officer. The current application is Step 1 and is important because it creates the review criteria for future development. Yet, the new regulations will not apply to any specific land until the rezone is complete and exactly what gets built will be determined during the conceptual and specific site plan processes. Quality Services Pei formed with Pride Staff Report PA-07-6 and TA-07-6 III. PROPOSAL Currently the commercial core of Sunriver, known as the Village Mall, is planned and zoned primarily as Sunriver Commercial. SilverStar Destinations is proposing to redevelop much of the Village Mall, converting it into a mixed-use Town Center. Applicants have stated that for the estimated area of 28 acres, this proposal would replace the 150,000 square feet of existing commercial with 85,000-150,000 square feet of new commercial and would add approximately 600 new housing units. Attachment 1 is a letter from the applicants describing their proposal and responding to the recommendations of the Planning Commission. Attachments 2 and 3 contain a staff summary of the proposal and staff identified policy issues. Attachments 4-8 contain the proposed new code language. In analyzing the plan and text amendments, staff considered two things. First, does the proposed code work, that is, can it be implemented. Second, what are the policy issues that need to be discussed. In addressing the first question, staff has worked with the applicant, who has repeatedly modified the proposal. In response to the second question, the policy issues were discussed at the Planning Commission public hearings. Note that Senior Planner Will Groves and Senior Transportation Planner Peter Russell are actively assisting in the analysis of this proposal. This is a complex proposal that has already generated a large public record. The record to date, including public comments, additional applicant submittals and staff reports, can be found on the County Website under pending code amendments at www.deschutes.org/cdd. IV. PUBLIC COMMENTS Attachment 9 contains public input received after the Planning Commission record was closed. The Planning Commission reviewed 934 comments on this proposal, including oral comments, written comments, petitions and form emails. People commenting included Sunriver homeowners who live in Sunriver, Sunriver homeowners who live elsewhere, members of the business community and people who have an interest in Sunriver. Many people have commented frequently, with some people submitting more than 15 separate comments. Staff has not identified any real consensus in the public comments, beyond the idea that there is considerable support for updating the village mall. Some people support this proposal because it will revitalize the mall. Others state that while it is not a perfect proposal, they support the trade-off of allowing increased residential to support a lively commercial area. Still others would be supportive if some changes were made, such as lowered density or heights. Finally, some people see the project as contrary to the character of Sunriver and unacceptable. So, although there appears to be support for an updated mall, the controversy is over whether this specific proposal is the best way to achieve redevelopment. The following is a brief summary of the primary concerns raised, some of which will be addressed at the conceptual site plan or site plan phase of development. 2-27-08 Page 2 Staff Report PA-07-6 and TA-07-6 ■ The height, density and form of development is out of scale for Sunriver ■ The height, density and form of development will have an impact on the environment ■ The height, density and form of development will have an impact on quality of life • Green space and/or open space are not required ■ Traffic and parking issues have not been adequately addressed, especially for the workforce needed to maintain the new development • Existing resort recreational facilities, such as pools and bicycle paths are already overcrowded and the amount of new residential will make this problem worse ■ Fire, water and sewer needs have not been adequately addressed ■ Specific properties adjacent to or nearby the proposed development would be adversely affected V. PLANNING COMMISSION REVIEW AND RECOMMENDATION The Planning Commission held a public hearing on September 27, 2007, which was continued until November 8, 2007 and again to December 13, 2007. The November 8 and December 13 meetings were held in Sunriver. At the meeting of December 13, the hearing was closed and the written record was kept open until 5 p.m. January 3, 2008. During the public hearing process, there was considerable give and take between the Planning Commission, the applicant and the public. The Commission and the public raised questions and concerns and the Commission allowed the applicant to respond. This process identified and clarified many of the issues with this proposal. On January 10, 2008 the Planning Commission deliberated (Attachment 10). During deliberation, a straw poll showed that without changes, 4 out of 7 Commissioners would vote to recommend denial. There was considerable dialogue on how to reduce the project impact, while still providing flexibility to the applicant. After much discussion, the Commission voted 6-1 to recommend approval of this project with the following amendments. Four changes offered by the applicants in a letter dated 12-28-07 1. 75' Height Limit: We will willingly limit the maximum size of the portion of one building that can reach this height to a floor plate of 40,000 feet 2. Live/Work Parking: We will agree to an added requirement for 0.5 parking spaces per live/work unit for guest parking. 3. Hotel Suite Density: We will agree to a maximum size of a hotel suite of (800) square feet for a hotel suite to count as 0.5 units of residential density. 4. Private Design Guidelines: We agree to add this element to the Town Center district as noted previously. Five changes outlined by the Planning Commission 1. Space available for 120,000 square feet of commercial to be retained during project phasing, not committed to other uses 2. A maximum of 500 units defined as the proposal describes 3. Underground parking in the plaza in front of the hotel 4. Parking areas are to be shown conceptually on the conceptual plan 5. A recessed first floor of the parking garage 2-27-08 Page 3 Staff Report PA-07-6 and TA-07-6 Minor technical changes requested by staff to clarify the proposed code The first three applicant proposed changes and minor technical changes have been incorporated into the draft text attached to this staff report. The fourth applicant proposed change will not be part of this text amendment, but will be part of the Sunriver Owners Association approval process. The applicant's reply to the five changes requested by the Planning Commission can be found in Attachment 1. VI. REVIEW CRITERIA Sunriver is designated by the State and County as an Urban Unincorporated Community. This proposal must be consistent with applicable State Statute, State Planning Goals, Oregon Administrative Rules and the County Comprehensive Plan. The findings prepared by the applicant (Attachment 11) address how this proposal complies with those regulations. Within the boundaries of State regulations and the County Comprehensive Plan, this proposal is essentially a policy decision. The question is whether the town center proposal is good public policy for the Sunriver community. VII. PUBLIC HEARING Staff has not yet scheduled a public hearing for this application in order to allow the Board to schedule further work sessions and/or to discuss the most appropriate time and place for a hearing. Attachments 1. Applicant letter 2. Staff proposal summary 3. Staff identified policy issues 4. Proposed text 23.40.025 5. Proposed text 18.04 6. Proposed text 18.108 7. Proposed text 18.116 8. Proposed text 18.124 9. Public input received after the Planning Commission record closed 10. Approved minutes of the Planning Commission meeting 1-10-08 11. Applicant findings 2-27-08 Page 4 Adult Parole and Probation Budget Summary FY 07-08 FY 08-09 FY 09-10 Budgeted Projected Projected Revenue $ 3,078,752 $ 3,414,000 (1) $ 3,414,000 Transfers In $ 499,000 $ 156,000 (2) $ 156,000 Total $ 3,577,752 $ 3,570,000 $ 3,570,000 Personnel $ 2,885,570 $ 3,018,347 (3) $ 3,240,359 Materials/Services $ 627,262 $ 681,322 $ 681,322 New Requirements $ 123,000 (4) $ 130,000 Total $ 3,512,832 $ 3,822,669 $ 4,051,681 Net Revenue less $ 64,920 $ (252,669) $ (481,681) Expenditures Cash Forward $ 200,000 $ 525,000 Contingency $ 264,820 $ 310,000 $ 325,000 Notes: (1) + $242,193 State Grant (1) + $45,000 Fees (1) + $40,000 Byrne Grant (2) - $340,000 County General Fund (3) + .5 Community Justice Director (3) + .3 Accounting Clerk (4) + 1 Probation Officer (4) + 1 .5 Records Technician