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2009-8-Minutes for Meeting June 18,2008 Recorded 1/2/2009DESCHUTES COUNTY OFFICIAL RECORDS CJ 2009'8 NANCY BLANKENSHIP, COUNTY CLERK COMMISSIONERS' JOURNAL 0110212009 08:28:20 AM 111111111111111111111111111111 2009-8 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.ora MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, JUNE 189 2008 Present were Commissioners Dennis R. Luke, Tammy Melton, and Michael M. Daly. Also present were County Administrator Dave Kanner; Tom Anderson, Peter Gutowsky, Kristen Maze and Barbara Rich, Community Development; David Inbody, Assistant to the Administrator; Erik Kropp, Deputy County Administrator; Teresa Rozic, Property and Facilities; and approximately thirty other citizens, including representatives of the media. Chair Luke opened the meeting at 2:30 p.m. 1. Discussion of a Proposed Text Amendment to Allow Recreational Vehicles as Temporary Residences in the Case of Medical Conditions. Commissioner Luke noted that current Code does not allow this use. Kristen Maze said this is on the department work plan, as they have received two petitions. They are generally in favor of using RV's in this way, but are concerned about the enforcement of using manufactured homes in this manner. She said that someone could choose not to remove a structure and instead turn it into a shop by decommissioning it. Dave Kanner asked how long is considered temporary. Ms. Maze said it would take an annual renewal; but some have been in place for many years. Mr. Kanner noted that Jackson County gave just one year total, but a lot of the structures remained anyway. The idea was to make temporary arrangements for the person in need, and the feeling was that if the structure is there for twenty years, it is not temporary. Commissioner Daly noted that manufactured homes are harder to place and remove. Minutes of Administrative Work Session Wednesday, June 18, 2008 Page 1 of 6 Pages Tom Anderson said that the people have to get a letter from a physician. The department is looking at a list of locations where they have not renewed to see if the structures are still there. A reminder of the annual notice could be sent out on an automated basis, and would require a physician's letter each time. Commissioner Luke said that an option is a nursing home, but many people cannot afford that. Commissioner Daly added that sometimes a person needs a full-time caregiver. This gives people some options. Ms. Maze said that the issue is when the need is gone. Mr. Anderson noted that there are a lot of other temporary uses of structures, and it is hard to flag them all. Teresa Rozic came before Board not as an employee, but as a citizen. She said that as the Code is written now, it is legal for a 1.5 acre lot in an MUA zone to move in a brand new double wide manufactured home, put it on a permanent foundation with underground utilities, a separate driveway, address and mailbox for a hardship case. She suggested that the Planning Commission consider allowing RV's, which helps to put the owner on notice that it is a temporary use. She asked that consideration be given to asking the applicant to provide better documentation regarding the need, and not allow a separate septic tank, driveway and so on. Mr. Anderson said that anyone can put in an additional septic system if there is room. Ms. Rozic stated that current Code does not address this situation well. This has nothing to do with the need, but the people need to know that it is temporary. Now the abuses are numerous. They got permits under a temporary structure but now the structure appears to be permanent. Commissioner Luke asked why the Planning Commission did not consider all of this. Ms. Maze said she did not know, but there was not much discussion. Mr. Anderson stated that MUA allows a guest house, too, and it could become one of those. Ms. Rozic pointed out that 1.5 acres for all of this is too small. It is not fair to have two buildings on this lot, as it is not zoned for two residences. Dave Kanner noted that this would take a Code change and text amendment, and a public hearing is needed. Ms. Maze stated that staff did look at alternative language for the Planning Commission. Minutes of Administrative Work Session Wednesday, June 18, 2008 Page 2 of 6 Pages Commissioner Melton stated that the question is - what is temporary. It would seem to mean a maximum of so many years. Commissioner Daly pointed out that there are people who do not want to live in an RV, who want to live comfortably in their final years. Commissioner Luke said that there is probably not a lot of abuse, but the part about the physician's letter needs to be tightened up, and Code enforcement needs to look at the ones that did not renew or the ones generating complaints. He has no problem with adding RV's, as they are a lot more temporary. Commissioner Melton said that she would like to know more about the tax implications, as a temporary structure means no increase in valuation. Mr. Anderson stated that a placement permit is needed. 2. Continued Discussion of Local Rule with Members of the Central Oregon Association of Realtors. Dave Kanner said the Board had requested representatives of the Realtors Association provide feedback on issues relating to recording fees. Bill Robie of the Central Oregon Association of Realtors said that the Government Affairs group reviewed the Local Rule and is concerned about point of sale requirements being a substantial obstacle. They understand the County's position, but feel this will be an impediment or deal breaker. There already is a deadline of 2022, which they would like to remain rather than the point of sale. Commissioner Luke said that if Local Rule passes, all members will know what properties are affected, as will the title companies. It seems like the buyer and seller would work this out. Mr. Robie said if the buyer takes this on, they would have more time and perhaps more options. An upgrade will be a problem for some no matter what. There will be disclosure, and the buyer can make the choice. If there is some time to figure out how to handle the cost, the better the chance of sale. It is not as if the public health threat is imminent. Commissioner Luke pointed out that PRC credits are available through the New Neighborhood program. He sees an incentive for people to do this early rather than wait. The Commissioners had suggested to staff that they would like to see how something at point of sale would work. Minutes of Administrative Work Session Wednesday, June 18, 2008 Page 3 of 6 Pages Mr. Robie said that some people will wait as long as possible. If there are additional incentives, some may it do it sooner and everyone will be better off. Commissioner Daly stated that the County has been dealing with this situation for nine years. The word is out that it involves everything south of Sunriver. If one has a new system and one does not, the one with the new system would probably sell first. The County did not create the problem, which has been happening for a long time. It seems like people would like to get this done as quickly as possible and get it off their backs. Commissioner Luke stated that they may not have the funds to do it now. Commissioner Daly pointed out that there are financial programs available to help. The County is trying to make it as easy as possible, as the groundwater needs to be protected. Further discussion occurred on time of sale requirements and programs that may be available to help fund the upgrade. Discussion also occurred regarding a proposed "sewer summit". The Commissioners said they encourage this type of meeting but all parties need to be willing, including DEQ. He suggested the residents meet with professionals, pick an area that might work for sewers, and see what happens. The County does not object to this but the residents need to put it together. The County will help as much as it can. Commissioner Luke noted that state agencies will not identify areas until there is a proposal before them. Changes to the proposed Local Rule were then discussed, including the definition of pollution, and when and how testing would occur. Also discussed was how many systems should be upgraded per year to meet the goals; and how allowances can be made if perhaps a sewer district formation is being actively investigated. Other issues were discussed, including what happens if a system fails, and whether the Financial Advisory Committee should remain intact as is or continue on an ad hoc basis. MELTON: Move that the Committee memberships be extended for thirty days. LUKE: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. Minutes of Administrative Work Session Wednesday, June 18, 2008 Page 4 of 6 Pages 3. Other Items. CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT Before the Board was Consideration of Approval of Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $1,465.29. MELTON: Move approval, subject to review. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-H COUNTY SERVICE DISTRICT Before the Board was Consideration of Approval of Accounts Payable Vouchers for the Extension/4-11 County Service District in the Amount of $1,054.03. DALY: Move approval, subject to review. MELTON: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS Before the Board was Consideration of Approval of Accounts Payable Vouchers for Deschutes County in the Amount of $656,706.00. MELTON: Move approval, subject to review. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. Minutes of Administrative Work Session Wednesday, June 18, 2008 Page 5 of 6 Pages Being no further items to come before the Board, the meeting adjourned at 4: 40 p. m. DATED this 18th Day of June 2008 for the Deschutes County Board of Commissioners. ATTEST: Recording Secretary Dennis R. Luke, Chair -n; 7 Tammy NI-efton-, Vic hair "o" /ew cNffocl'961'Wdaly, Co issioner Minutes of Administrative Work Session Page 6 of 6 Pages Wednesday, June 18, 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.orl? WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 2:30 P.M., WEDNESDAY, JUNE 18, 2008 -please note different time 1. Discussion of a Proposed Text Amendment to Allow Recreational Vehicles as Temporary Residences in the Case of Medical Conditions - Kristen Maze 2. Continued Discussion of Local Rule with Members of the Central Oregon Association of Realtors 3. 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. Please call (541) 388-6571 regarding alternative formats or for further information. 1 r~ zz~ s 1 N_ 4k \\o' ~Jo _ n o n r C~' N x y e V v Q n p q V ~ V ~ Vil t r f0 CL C a ! o E 6 - ;-P o z ' \ J ~ ^ N N V CU E ca o, O x (o LL. L 4k ~ C C L a c 4h 0) c O of L ~ y ~ C0. !y ~ ► _ ~ ~ •C7 ~ j ~J O ~ j , . • r q M0 ~ P cl tU ~ co a. b0 Z s C-X A C'' v C co a. ATTACHMENT 1 Denotes section of the Code not amended in Ordinance 2008-OXX Chapter 18.116. SUPPLEMENTARY PROVISIONS 18.116.010. Authorization of Similar Uses. 18.116.020. Clear Vision Areas. 18.116.030. Off-Street Parking and Loading. 18.116.031. Bicycle Parking. 18.116.035. Bicycle Commuter Facilities. 18.116.040. Accessory Uses. 18.116.050. Manufactured Homes. 18.116.070. Placement Standards for Manufactured Homes. 18.116.080. Manufactured Home or RV as a Temporary Residence on an Individual Lot. 18.116.090. A Manufactured Home or Recreational Vehicle as a Temporary Residence for Medical Condition. 18.116.095. Recreational Vehicle as a Temporary Residence on an Individual Lot. 18.116.100. Building Projections. 18.116.200. Repealed. 18.116.120. Fences. 18.116.130. Hydroelectric Facilities. 18.116.140. Electrical Substations. 18.116.150. Endangered Species. 18.116.160. Rimrock Setbacks Outside of LM Combining Zone. 18.116.170. Solar Height Restrictions. 18.116.180. Building Setbacks for the Protection of Solar Access. 18.116.190. Solar Access Permit. 18.116.200. Repealed. 18.116.210. Residential Homes and Residential Facilities. 18.116.215. Family Childcare Provider. 18.116.220. Conservation Easements on Property Adjacent to Rivers and Streams-Prohibitions. 18.116.230. Standards for Class I and II Road Projects. 18.116.240. Protection of Historic Sites. 18.116.250. Wireless Telecommunications Facilities. 18.116.260. Rock Crushing Outside the SM Zone. 18.116.270. Conducting Filming Activities in All Zones. 18.116.280. Home Occupations. 18.116.090. A Manufactured Home or Recreational Vehicle as a Temporary Residence for Medical Condition. A. A temporary use permit for aone manufactured home of any class or one recreational vehicle on a lot or parcel in addition to an existing dwelling a resi` ential area may be granted when a medical condition exists. B._ family. The person with a medical condition is either one of the property owners or a relative of one of the property owners. For the purposes of this section, a relative is defined as a grandparent, parent child brother or sister, either blood or legal relationship. C. medical condition must be verified by a doctor's written statement, which shall accompany the permit application. BD.The temporary use permit shall be reviewed annually for compliance with the terms of DCC 18.116.090. EE. The manufactured home shall be removed or the recreational vehicle shall be vacated and disconnected from any electric, water or sewer facility connection for which a permit has been issued not later than 90 days following the date the medical condition requiring the temporary use permit ceases to exist. F. If a recreational vehicle is used as a medical hardship dwelling. It shall be required to have a bathroom and shall meet the minimum setbacks for the zone in which it is located. The applicant shall also obtain all necessary permits from the County Building nd Environmental Health Divisions prior to initiating the use. (Ord. 2008-OXX § XX. 2008; Ord. 91-005 §45, 1991; Ord. 89-004 §5, 1989) ATTACHMENT 1 Denotes section of the Code not amended in Ordinance 2008-OXX Chapter 18.04. TITLE, PURPOSE AND DEFINITIONS 18.04.010. Title. 18.04.020. Purpose. 18.04.030. Definitions. "Manufactured home" shall have the meaning as set forth in ORS 446.003(2024) (a).