2010-157-Minutes for Meeting March 10,2010 Recorded 3/23/2010COUNTY
NANCYUBLANKENSHIP,FCOUNTY CLERKS U 2010'157
COMMISSIONERV JOURNAL 03/23/2010 03:31:00 PM
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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, MARCH 10, 2010
Present were Commissioners Dennis R. Luke, Alan Unger and Tammy Baney;
Dave Kanner, County Administrator; Erik Kropp, Deputy County Administrator;
and, for a portion of the meeting, Nick Lelack, Chris Bedsaul, Paul Blikstad and
Peter Russell, Community Development, and Laurie Craghead, Legal Counsel. No
representatives of the media or other citizens were present.
Chair Luke opened the meeting at 2: 00 p. m.
1. Consideration of Approval of Resolution No. 2010-017, Initiating the
Annexation of Territory into Howells' Hilltop Acres Special Road District;
and Order No. 2010-023, Accepting Petition and Setting a Date for a Public
Hearing on March 31, 2010.
Laurie Craghead said this has been in the works for two years, but this action
needs to be taken right away. She pointed out the properties in question on a
map. The documents need to be recorded soon to be able to get this on the
ballot. A thirty-foot strip had been left out of the previous documents.
BANEY: Move approval of Resolution No. 2010-017.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
BANEY: Move approval of Order No. 2010-023.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
Minutes of Board of Commissioners' Work Session Wednesday, March 10, 2010
Page 1 of 4 Pages
2. Discussion of Bicycle Parking Standards.
Paul Blikstad stated that bicycle parking standards are typically designed for
urban areas. Peter Russell said that it comes into play in recreational areas and
rural service centers. Code does not allow a waiver for remote areas, so the
requirements for parking should be different from those in place in more urban
settings.
3. A Work Session on Ordinance No. 2010-003, a Text Amendment Adding
Minor Variance Criteria to Recognize Long-standing Occupation of
Properties Not Located in Farm (EFU) or Forest (F) Zones.
Chris Bedsaul gave an overview of the item, which involves a long-standing
issue with lot lines that needed to be adjusted. This Ordinance would allow the
affected citizens to go forward with correcting the situation.
Dave Kanner added that this removes a roadblock, but the neighbors will still
have to cooperate with each other.
Mr. Blikstad stated that destination resorts and other locations need to be
considered.
After a brief discussion, Mr. Blikstad said he would slightly revise the Comp
Plan section before the business meeting.
4. Review of Planning Commission Applications.
Nick Lelack said that all candidates are in the district and all are qualified. He
asked how long the Board would like to devote to this process.
Commissioner Unger would like to see balance in the group, and is concerned
about four of the candidates. Commissioner Baney would like to interview
them all. Mr. Lelack was advised to schedule two days to try to get all of the
interviews done within that period of time.
5. Update of Commissioners' Meetings and Schedules.
Commissioner Baney is going to the School Immunization Law Advisory
Committee meeting on Thursday, and to an AOC meeting on Friday.
Minutes of Board of Commissioners' Work Session Wednesday, March 10, 2010
Page 2 of 4 Pages
6. Other Items.
Central Oregon Veterans Outreach would like a letter of support regarding their
attempt to get a van for transportation.
In regard to health integration, Commissioner Baney asked for Chair signature
of a document. Mark Pilliod stated that this should be formalized on an agenda
and the Chair given authority to sign.
Commissioner Unger has a Deschutes River Conservancy meeting on
Thursday. He also met with Mike Daly and reviewed the Redmond Humane
Society's plan. Their overhead is too high, and there needs to be a way to make
this work. Mr. Kanner said they are doing a bit better than they had been. This
fiscal year may end up about $30,000 short. This is a big improvement over
where they had been. They need to figure out some other ways to make up the
deficit.
Mr. Kanner added that for a tax base of 2 cents per thousand through a service
district, both shelters would not need a subsidy. They are very dependent on
events and fundraising. Also, volunteer Jane Ohleman, who had been
coordinating events, has moved to Portland.
Mr. Kanner said they visited a SAIF on-site clinic in Salem on Monday, and
what they do appears to be about what was expected. They did not go through
an RFP process for a service provider. The Springfield clinic is not
comparable.
Mr. Kanner also met with a firm in Portland that does capital campaign
consulting. This firm and others know all about the Bethlehem Inn situation.
The people he spoke with on Monday were somewhat optimistic. It appears
that the main source of support will be local fundraising and not corporate
sponsorships or the assistance of large groups.
Being no further items addressed, the meeting adjourned at 3:25 p.m.
Minutes of Board of Commissioners' Work Session Wednesday, March 10, 2010
Page 3 of 4 Pages
DATED this 10th Day of March 2010 for the Deschutes County Board of
Commissioners.
Dennis R. Luke, Chair
ti~Alan Unger, Vice Chair
ATTEST:
Recording Secretary
Tammy Baney, ComAiissioner
Minutes of Board of Commissioners' Work Session
Page 4 of 4 Pages
Wednesday, March 10, 2010
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
2:00 P.M., WEDNESDAY, MARCH 10, 2010
Please note later time!
1. Consideration of Approval of Resolution No. 2010-017, Initiating the
Annexation of Territory into Howells' Hilltop Acres Special Road District; and
Order No. 2010-023, Accepting Petition and Setting a Date for a Public Hearing
- Laurie Craghead
2. Discussion of Bicycle Parking Standards - Paul Blikstad
3. A Work Session on Ordinance No. 2010-003, a Text Amendment Adding
Minor Variance Criteria to Recognize Long-standing Occupation of Properties
Not Located in Farm (EFU) or Forest (F) Zones - Chris Bedsaul
4. Review of Planning Commission Applications - Nick Lelack
5. Update of Commissioners' Meetings and Schedules
6. 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.
Ifyou 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.
G~~A ,JGES
18.116.031. Bicycle Parking.
New development and any construction, renovation or alteration of an existing use requiring a site
plan review under DCC Title 18 for which planning approval is applied for after the effective date
of Ordinance 93-005 shall comply with the provisions of DCC 18.116.031.
A. Number and Type of Bicycle Parking Spaces Required.
1. General Minimum Standard.
a. All uses that require off-street motor vehicle parking shall, except as specifically noted,
provide one bicycle parking space for every five required motor vehicle parking spaces.
b. Except as specifically set forth herein, all such parking facilities shall include at least
two sheltered parking spaces or, where more than 10 bicycle spaces are required, at
least 50 percent of the bicycle parking spaces shall be sheltered.
c. When the proposed use is located outside of an unincorporated community and a rural
commercial zone exceptions to the bicycle parking standards may be authorized by the
Planning Director or Hearings Body if the applicant demonstrates one or more of the
following:
i The proposed use is in a location accessed by roads with no bikeways and bicycle
use by customers or employees is unlikely.
ii. The proposed use generates less than 50 vehicle trips per day
iii. No existing buildings on the site will accommodate bicycle parking and no new
buildings are proposed.
iv. The size, weight, or dimensions of the goods sold at the site makes transporting
them by bicycle impractical or unlikely.
v. The use of the site requires equipment that makes it unlikely that a bicycle would
be used to access the site Representative examples would include but not be
limited to, paintball parks, golf courses, shooting ranges, etc.
2. Special Minimum Standards.
a. Multi-Family Residences. Every residential use of four or more dwelling units shall
provide at least one bicycle parking space for each unit. In those instances in which the
residential complex has no garage, required spaces shall be sheltered.
b. Parking Lots. All public and commercial parking lots and parking structures shall
provide a minimum of one bicycle parking space for every 10 motor vehicle parking
spaces.
c. Schools. Sew Schhools, both public and private, shall provide one bicycle
parking space for every 44D 25 students, half ell of which shall be sheltered.
d. Colleges. One-half of the bicycle parking spaces at colleges, universities and trade
schools shall be sheltered facilities.
3. Trade Off with Motor Vehicle Parking Spaces.
a. One motor vehicle parking space may be deleted from the required number of spaces
in exchange for providing required bicycle parking.
i. Any deleted motor vehicle space beyond the one allowed above shall be
replaced with at least one five bicycle spaces.
ii. If such additional parking is to be located in the area of the deleted automobile
parking space, it must meet all other bicycle parking standards.
b. The Hearings Body or Planning Director may authorize additional bicycle parking in
exchange for required motor vehicle parking in areas of demonstrated, anticipated, or
desired high bicycle use.
4. Calculating number of bicycle spaces.
a. Fractional spaces shall be rounded up to the next whole space.
PAGE 1 OF 3 - EXHIBIT "A" TO ORDINANCE 2010-010
b. For facilities with multiple uses (such as a commercial center) bicycle-parking
requirements shall be calculated by using the total number of motor vehicle spaces
required for the entire development.
B. Bicycle Parking Design.
1. General Description.
a. Sheltered Parking. Sheltered parking may be provided within a bicycle storage room,
bicycle locker, or racks inside a building; in bicycle lockers or racks in an accessory
parking structure; underneath an awning, eave, or other overhang; or by other facility
as determined by the Hearings Body or Planning Director that protects the bicycle from
direct exposure to the elements.
b. Unsheltered parking may be provided by bicycle racks.
2. Location.
a. Required bicycle parking that is located outdoors shall be located on-site within 50 feet
of main entrances and not farther from the entrance than the closest motor vehicle
parking space.
i. Bicycle parking shall be located in areas of greatest use and convenience to
bicyclist.
ii. Such bicycle parking shall have direct access to both the public right of way
and to the main entrance of the principal use.
iii. Bicycle parking shall not impede or create a hazard to pedestrians
iv. Parking areas shall be located so as not to conflict with clear vision areas as
prescribed in DCC 18.116.020.
b. Bicycle parking facilities shall be separated from motor vehicle parking and drive areas
by a barrier or sufficient distance to prevent damage to the parked bicycle.
c. Where bicycle parking facilities are not directly visible and obvious from the public
right(s) of way, entry and directional signs shall be provided to direct bicyclists for the
public right of way to the bicycle parking facility. Directions to sheltered facilities
inside a structure may be signed, or supplied by the employer, as appropriate.
3. Dimensional Standards.
a. Each bicycle parking space shall be at least two by six feet with a vertical clearance of
seven feet.
b. An access aisle of at least five feet wide shall be provided and maintained beside or
between each row of bicycle parking.
c. Each required bicycle parking space shall be accessible without moving another
bicycle.
4. Surface. The surface of an outdoor parking facility shall be surfaced in the same manner as
the motor vehicle parking area or with a minimum of one-inch thickness of aggregate
material. This surface will be maintained in a smooth, durable, and well-drained condition.
5. Security.
a. Bicycle parking facilities shall offer security in the form of either a lockable enclosure
in which the bicycle can be stored or a stationary object (i.e., a "rack") upon which the
bicycle can be locked. Structures that require a user-supplied lock shall accommodate
both cables and U-shaped locks and shall permit the frame and both wheels to be
secured (removing the front wheel may be necessary). All bicycle racks, lockers, or
other facilities shall be permanently anchored to the surface of the ground or to a
structure.
b. Lighting shall be provided in a bicycle parking area so that all facilities are thoroughly
illuminated and visible from adjacent sidewalks or motor vehicle parking.
6. Other means that provide the above level of bicycle parking may be approved by the
Hearings Body or the Planning Director.
(Ord. 2010-010 §1, 2010; Ord. 93-005 §4, 1993)
PAGE 2 OF 3 - EXHIBIT "A" TO ORDINANCE 2010-010
Community Development Department
LED) ~ _ A AA ~ 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 Board of County Commissioners
FROM: Chris Bedsaul, Associate Planner
DATE: March 1, 2010
HEARING: March 22, 2010
SUBJECT: Text Amendment TA-09-8, Deschutes County Code, Title 18
BACKGROUND
The Deschutes County Board of Commissioners adopted regulations for land development in
PL-2, Subdivision Ordinance, on September 9, 1970, PL-5 Zoning Ordinance adopted
December 2, 1971 and effective on January 1, 1972 and PL-14, Subdivision and Partition
Ordinance adopted and effective November 1, 1979.
Deschutes County contains multiple subdivisions and other land divisions that have occurred
prior to and after the adoption of regulations noted above. Land divisions in Deschutes County
prior to 1970 were typically subject to ORS 92 beginning in 1955.
The Text Amendment material notes that portions of the Dustan Road area' were divided by the
original property owners beginning in 1951 after non-registered surveyors were hired to
establish property lines and provide some kind of monuments marking property locations within
the tract. Original property deeds for individual properties in the Dustan Road neighborhood
area were sold and recorded based upon "Aliquot" part descriptions of the section. Beginning in
1961 Professional land surveyors began to locate individual tax lots of the Dustan Road
neighborhood based on deed descriptions using the aliquot parts of the section. In 1961, it
became very apparent to the Professional land surveyors, there were conflicts between the
legal descriptions and actual property lines used for development of existing dwellings,
structures and roads. Due to the property location conflicts discovered in 1961, many existing
property owners were encumbered with conflicts between their actual areas of occupation and
their legally described ownership. These kinds of boundary disputes sometimes may be
resolved by property line adjustments between neighbors; otherwise, property owners have to
go to court to resolve these disputes. In the case of the Dustan Road properties, there are so
' The Dustan Road neighborhood contains approximately 200 individual tax lots, including multiple
properties owned by Deschutes County. The Dustan Road neighborhood is bordered on the north by
Burgess Road, on the west by Dorrance Meadows Road, on the south by Timber Haven Subdivision and
on the east by Lechner Acres and Woodland Park Homesites.
Quality Services Perfonned With Pride
many properties involved that individual property line adjustments are problematic under the
current code because of the variance requirements in 18.152. This amendment would remove
barriers in the code and allow property owners to more cheaply and expeditiously engage in
property line adjustments.
The Deschutes County Planning Commission held a public hearing on February 11, 2010,
accepted testimony (staff notes that no opposition to this Text Amendment was received)
regarding the proposed text amendment, closed the public hearing, deliberated and voted
unanimously to recommend the Board of County Commissioners adopt TA-09-8.
Staff notes that the original Planning Commission packet included the "draft" text example of
Chapters 18.132 and Section 18.132.025(C) where the proposed amended text in Chapter
18.132 would be located. The "draft" examples of Chapter 18.132 text, before the Planning
Commissioners, was reviewed by Legal Council prior to the public hearing. Staff has attached
Exhibit "A" that has been reviewed by Legal Council and should be used by the Board in the
adoption of TA-09-8.
Staff Note: If the Board of County Commissioners approve the proposed text amendment, the
conditional criteria listed in the new amended text of 18.132.025(C) may not be applicable to
resolve other property conflict situations due to survey or deed description errors.
TEXT AMENDMENT
The proposed new text amendment language is shown below as the bold underlined text that
would be added to the existing code. Staff notes that there will be no deleted text proposed in
this text amendment.
Chapter 18.132. VARIANCES
18.132.010.
Variance Application.
18.132.020.
Authority of Hearings Body.
18.132.025.
Minor Variances.
18.132.030.
Hearings Body Action on Variance.
18.132.040.
Variance Procedure.
18.132.010.
Variance Application.
The Planning Director or Hearings Body may authorize area or use variance from the
requirements of DCC Title 18. Application for a variance shall be made by petition stating fully the
grounds of the application and the facts relied upon by the petitioner.
(Ord. 91-020 §1, 1991)
18.132.020. Authority of Hearings Body.
A variance may be granted unqualifiedly or may be granted subject to prescribed conditions,
provided that the Planning Director or Hearings Body shall make all of the following findings:
A. Area variance.
1. That the literal application of the ordinance would create practical difficulties resulting in
greater private expense than public benefit.
2. That the condition creating the difficulty is not general throughout the surrounding area but
is unique to the applicant's site.
TA-09-8 Staff Report for BOCC Page 2 of 4
3. That the condition was not created by the applicant. A self-created difficulty will be found if
the applicant knew or should have known of the restriction at the time the site was
purchased.
4. That the variance conforms to the Comprehensive Plan and the intent of the ordinance
being varied.
B. Use variance.
That the literal application of the ordinance would result in unnecessary hardship to the
applicant. An unnecessary hardship will be found when the site cannot be put to any
beneficial use under the terms of the applicable ordinance.
2. Each of the findings listed in DCC 18.132.020(A)(1), (2) and (4).
(Ord. 93-043 §24, 1993; Ord. 91-020 §1, 1991)
18.132.025. Minor Variances.
A variance seeking to depart from on-site requirements of DCC Title 18, such as setbacks and
area requirements, by no greater than 10 percent of the required distance or area may be granted
by the Planning Director or Hearings Body in conformance with DCC 18.132.025.
A. In the case of a setback or size variance, the applicant shall show that the approval will result
in:
1. More efficient use of the site;
2. Preservation of natural features where appropriate;
3. Adequate provision of light and privacy to adjoining properties; and
4. Preservation of topographic, vegetative and drainage features which would be adversely
affected by application of the standards otherwise required by DCC Title 18.
B. A parcel that is smaller than the minimum lot size at the time of application may not be
reduced by more than 10 percent from its current size without a variance.
C. Notwithstanding B, above, a Property may be reduced by more than 10 percent of its current size
without a variance if :
1. The property is located outside of a Farm (EFL) or Forest (F) zone;
2. The long-standine occupation area is different than the legal description in the deed for the
subject Property;
3. The purpose of the property line adjustment is to correct the deed description to match the
long-standing occupation lines of the properties; and
4. The discrepancv between the deed lines and the occupation lines is documented by submittal
of a narrative and maps prepared by an Oregon Licensed Professional Surveyor.
5. As used in this sub-section, "long-standing" means in excess of ten (10) years.
(Ord. 2010-03; Ord. 2004-013 §15, 2004; Ord. 91-038 §3, 1991)
TA-09-8 Staff Report for BOCC Page 3 of 4
18.132.030. Hearings Body Action on Variance.
In granting or denying a variance, the Planning Director or Hearings Body shall make a written
record of his findings and the facts in connection therewith, and shall describe the variance
granted and the conditions designated. The Planning Department shall keep the findings on file,
and a copy of the variance granted and the condition thereof shall be recorded with the County
Clerk.
(Ord. 91-020 §1, 1991)
18.132.040. Variance Procedure.
The variance application shall be processed according to the terms of DCC Title 22, the Uniform
Development Procedures Ordinance.
RECOMMENDATIONS
Following the Public Hearing scheduled for March 22, 2010, Staff recommends that the Board of
County Commissioners;
1. Listen to testimony and discuss text amendment.
2. Make a motion to as follows:
Board of County Commissioners approve TA-09-8, amending Title 18, Chapter 18.132,
Minor Variances, by adding sub-section 18.132.025(C) and adopting findings as noted in
Ordinance No. 2010-03, Exhibit "B".
Attachments:
1. Planning Commission Minutes for Public Hearing February 11, 2010.
2. History of Surveys and Background Information for the Dustan Road Neighborhood.
3. Map Exhibits 1-4
4. Ordinance No. 2010-03
5. Attachment "A"
Chapter 18.132, Variances
6. Attachment "B" Draft Findings for Board Decision
TA-09-8 Staff Report for BOCC Page 4 of 4
18.132.025. Minor Variances.
A variance seeking to depart from on-site requirements of DCC Title 18, such as setbacks and area
requirements, by no greater than 10 percent of the required distance or area may be granted by the Planning
Director or Hearings Body in conformance with DCC 18.132.025.
A. In the case of a setback or size variance, the applicant shall show that the approval will result in:
1. More efficient use of the site;
2. Preservation of natural features where appropriate;
3. Adequate provision of light and privacy to adjoining properties; and
4. Preservation of topographic, vegetative and drainage features which would be adversely affected by
application of the standards otherwise required by DCC Title 18.
B. A parcel that is smaller than the minimum lot size at the time of application may not be reduced by more
than 10 percent from its current size without a variance.
(Ord 2004 013 §15, 2004; Ord 91 038 §3 1991)
RAGE 1 X11 2 EXHIBIT «A" TO 9 r "CE NO.20W 03
C. Notwithstanding B, above, a substandard [Eve"thine-below d series°,hat "substand%rd". 're
vott mean ---ethine else then - need to aefi°° it he-, , property may be reduced by more than
10 percent of its current size without a variance if the proper":
1. The property is Llocated outside of a Farm (EFU) or Forest (F) zone;
2. The long-standing occupation area is different than the legal description in the deed for the
subiect property;
-234 The purpose of the property line adiustment is to correct the deed descriptions to eeineide
match with-the long-standing occupation lines of the properties; and
34. The discrepancy between the deed lines and the occupation lines is documented by submittal
of a narrative and maps prepared by an Oregon Licensed Professional Surveyor.
-45. As used in this sub-section. "long-standinLy" means in excess of ten (10) vears.
(Ord. 2010-03; Ord. 2004-013 §15, 2004; Ord. 91-038 §3, 1991)
of the entire seetion.
Chapter 18.132 1 (3/2010)
Page 1 of 14-~ - Exhibit A to Ordinance 2010-003
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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/
MEMORANDUM
TO:
Deschutes County Board of Commissioners
FROM:
Nick Lelack, Planning Director
DATE:
March 3, 2010
MTG:
March 10, 2010
SUBJECT:
Planninq Commission Vacancv
Applications for the vacant Bend-area seat on the Deschutes County Planning Commission are
due on March 5 at 5:00 p.m. The purpose of this agenda item is to determine which applicants
to interview for the seat, when to conduct the interviews, and who will serve on the interview
panel.
Staff will provide copies of all the applications submitted to the Board on Monday, March 8 in the
morning.
Quality Services Performed -with Pride