2010-2609-Minutes for Meeting April 28,2010 Recorded 5/10/2010COUNTY OFFICIAL
NANCYUBLANKENSHIP, COUNTY CLERKRECORDS
COMMISSIONERS' JOURNAL 05110/2010 09;03;12 AM
III I11 7 1 2 A
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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.orc
MINUTES OF WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, APRIL 28, 2010
Present were Commissioners Dennis R. Luke, Alan Unger and Tammy Baney.
Also present were Dave Kanner, County Administrator; Laurie Craghead, County
Counsel; Erik Kropp, Deputy County Administrator; and, for portions of the
meeting, Nick Lelack and Paul Blikstad, Community Development; Timm Schimke,
Solid Waste; Susan Ross, Property & Facilities; and Hillary Borrud of The
Bulletin. No other citizens were present.
Chair Luke opened the meeting at 1:30 p.m.
Discussion of Hearings Officer's Denial of a Conditional Use Permit for a
Wireless Telecommunications Facility.
Paul Blikstad indicated he is in attendance to answer questions. The denial was
based on the Hearings Officer's opinion that two towers in a non-resource (RR-
10) zone would be as good as one in the surface mining zone. That appears to
be the only issue, and the applicant needs to justify that the one in a surface
mining zone is necessary for coverage.
Staff would like the applicant to be able to explain what two towers versus one
would do. A sixty-foot tower on a substantial butte is desired by the applicant,
which would allow for co-location. The existing tower nearby cannot
structurally handle more co-location.
Commissioner Unger said that the color maps have not helped him determine
coverage and zoning. He also will ask why the tower cannot be lower.
The hearing will take place on Wednesday, May 5 at 10:00 a.m.
Minutes of Board of Commissioners' Work Session Wednesday, April 28, 2010
Page 1 of 4 Pages
2. Discussion of Demolition Landfill Framework Plan.
Susan Ross stated that the County owns about 80 acres at this site, and
Robinson Company and Bend Metro Park & Recreation own more. The City
wanted a coordinated plan for the entire property, which did not have to be very
detailed but more of a framework plan. (She then provided colored maps with
the various properties detailed.)
Timm Schimke said all of the purple colored area on the east end is where
waste is contained. Dave Kanner noted that an aerial photograph shows the
area very clearly. Ms. Ross gave an overview of the proposed zones and uses.
Mr. Schimke said that a concern of the City is selling parcels off without a plan.
Some of the landfill areas might need to be capped and some might need to be
dug up. There is a price tag to dig up any of it. There are people who are
interested in all or part, but the County cannot give away its liability.
There is a notice of a DEQ NFA (no further action) required, per Timm
Schimke. He said the closure permit was terminated, but whoever is interested
should be aware of its history.
Dave Kanner said that the assumption at the time was that the waste had no
value. That has changed somewhat, and many contingencies need to be
factored in. Ms. Ross aid the next step would be a traffic study, followed by
land use applications. Preliminary discussions indicate that the County be
responsible for a traffic study.
Commissioner Baney stated that this will now be a public document, and in
fairness to those who live or work nearby, they should have early knowledge of
any changes. Mr. Kanner seems to think that some are worried about what will
go along Mt. Washington.
Mr. Lelack said that a conceptual plan will be drafted, and a traffic study and
the potential use or zoning would follow. At that time, applications can be
submitted.
Mr. Schimke needs to report to the DEQ what progress is being made, and they
will want to know if any of the waste will be removed. He said that there are
hazardous areas where the waste is and the extent of the waste is not totally
known.
Minutes of Board of Commissioners' Work Session Wednesday, April 28, 2010
Page 2 of 4 Pages
3. Discussion of Attorney General's April 29 Hearing on "Transparency in
Government".
Tomorrow night there is a meeting of the Attorney General's Office to talk
about public records law, whether there should be changes, and so on.
They have all signed up to speak. Some of the laws are unclear or misleading.
There are some exemptions regarding disclosure for domestic violence or
stalking victims. There needs to be a global discussion with all stakeholders to
talk about the process and what constitutes a public record, and why some
groups are excluded.
Scot Langton said there could be significant impacts on users as well.
Chair Luke stated that people expect government to guard their privacy, when
citizens can form an LLC or another type of trust and it would be harder to find
out information. People need to be more responsible for their own privacy.
Nancy Blankenship added that she is not allowed to alter documents, so if there
is a social security number or other sensitive information on a document, it has
to remain. There are about twenty exemptions, many having to do with law
enforcement personnel. Some are by name and some by address.
Tax statements, subpoenas and 911 calls are all affected. The purpose of the
meeting is to discuss transparency in government.
There probably will be nothing on the agenda of May 12th. Dept. heads have
been advised of that the Secretary of State, Kate Brown, will be at the County
that morning.
Ms. Blankenship will be meeting with Redmond High School students to
involve them in how a general election takes place.
4. Other Items.
The group went into executive session under ORS 192.660(2)(e), real estate
negotiations, at 2:45 p.m. The session ended at 3:00 p.m.
Minutes of Board of Commissioners' Work Session Wednesday, April 28, 2010
Page 3 of 4 Pages
Being no further items addressed or action taken, the meeting adjourned at
3: 00 p. m.
DATED this 28t" Day of April 2010 for the Deschutes County Board of
Commissioners.
ATTEST:
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Recording Secretary
Dennis R. Luke, Chair
L- (/cam
Alan Unger, Vice Chair
Tammy Baney, Com*Jssioner
Minutes of Board of Commissioners' Work Session
Page 4 of 4 Pages
Wednesday, April 28, 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.orl7
WORK SESSION AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
1:30 P.M., WEDNESDAY, APRIL 28, 2010
1. Discussion of Hearings Officer's Denial of a Conditional Use Permit for a
Wireless Telecommunications Facility - Paul Blikstad
2. Discussion of Demolition Landfill Framework Plan Nick Lelack & Susan
Ross
3. Discussion of Attorney General's April 29 Hearing on "Transparency in
Government" - Laurie Craghead (tentative: also Scot Langton and Nancy
Blankenship)
4. 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.
J~rEs
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Department of Administrative Services
Dave Kanner, County Administrator
1300 NW Wall St, Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202
www. co. deschutes. or. us
April 15, 2010
TO:
FROM:
RE:
Board of Commissioners
Dave Kanner N4~,
Demolition landfill framework plan
Nick Lelack and Susan Ross have been working with City of Bend Planning Division
staff for over a year to develop a framework plan for the County's 85-acre demolition
landfill site in Bend, located between Century Drive and Mount Washington Drive,
bounded on the north by Simpson Avenue. You will recall that the City requested that
we prepare a framework plan (a prelude to a formal master plan) before we took any
initiatives to market the property or solicit interest from potential developers.
That framework plan is now nearly complete. Nick and Susan will be at the April 28
work session to review that framework plan with you and solicit any input you might
have on it.
Enhancing the Lives of Citizens by Delivering Quality Services in a Cost-Effective Manner
DRAFT For BOCC Discussion Purposes
Westside Framework Plan
Draft Concepts and Density/PMPTrip Projections
XXX.XXX 'Pur ose and Intent
The intent of the Westside Framework Plan is to implement a cohesive mixed-
use development in an area of the community that is currently under-urbanized.
The majority of the subject area contains the old County Land Fill and Demolition
Dump, which has been reclaimed, for the most part. Other portions of the area
include the Bend Metro Parks and Recreation District (BMPRD) facility, various
forms of surface mining activities operated by Ron Robinson, and undeveloped
areas, includinP an Area of Special Interest. The entire area was part of the
former ULTRA study commissioned by the City of Bend through a 2001
Transportation Growth Management Grant. The BMPRD Facility as well as the
Landfill site is currently designated "Public Facilities" on the City of Bend
Comprehensive Plan Map. The Robinson site is designated Surface Mining and
Residential (small portion). The current zoning and land use designations for the
entirety of the subject properties do not provide adequate flexibility to
accommodate a full range of urban uses.
The theme of the Westside Framework Plan is to
support many activities of doily life that can occur
within 'easy; walking distance of one another,
The Westside Framework Plan includes a variety of urban uses organized to
encourage development that fosters pedestrian activity, supports transit, and
provides for a mix of diverse land uses that can support higher intensity
development. Compatibility with adjacent uses is ensured through master
planning, special design standards, and buffer areas. The size of the Framework
Plan provides a central focus point in the community and includes a complete
transportation system and new transportation linkages to the broader community.
1 City Code numbers (to match ZO codification - xxx.xxx) will be added in later.
2 ULTRA = Use of Land for Transportation Alternatives
Deschutes County- Westside landfill and related property development scenarios
DRAFT For BOCC Discussion Purposes
XXX.XXX Component Zones of the Framework Plan
Area 1 - Residential Yellow 25.31 acres/7.3 EDU's /ac = 188 EDU's or 188
PMP Trips
A portion of the zone lies along Simpson Avenue and the remainder along Mt.
Washington Drive. These areas will develop with residential uses and serve to
buffer existing residential uses from more intense activities within the Framework
Plan.
Area 2 - Mixed Use Blue 45.69 acres/.25 FAR or 264 PIVIIP trips
This area is comprised of 4 super-blocks served by a variety of street types and
surrounded by a mixture of zones. This area provides a broad range of uses to
meet the intended function of the mixing residential, commercial, and light
industrial uses both vertically and horizontally.
Area 3 - Mixed Use/Commercial Pink 7.04 acres/.25 FAR or 25 PIVIP trips
This area is intended to serve as a service commercial node where upper story
residential uses and offices are allowed.
Area 4 - Mixed Use/Comm/Indust Teal 15.39 acres/.25 FAR or 75 PIVIP trips
This area is central to the Framework Plan and is intended to provide the
greatest density of mixed uses, both vertically and horizontally.
Area 5 - Commercial Qran a 5.26 acres/.25 FAR or 24 PIVIP trips
This area abuts the existing strip commercial corridor along Century Drive. The
area is supportive of commercial uses designed as a "center" with possible
assemblage potential connecting with the existing commercial property along
Century Drive. The area also supports the abutting future industrial and other
commercial areas.
Area 6 - Industrial (Purple) 15.50 acres/.30 FAR or 82 PIVIP trips
This area serves as a primary light industrial area buffered by existing and future
commercial areas.
Area 7- Parks Green Add into Industrial 6.1 acres or 10 PIVIP trips
This area contains a BMPRD facility (government, no point of service) that may
be expanded over time. The site is between a planned commercial and industrial
area. Potential to expand the area into the industrial zone, Area 6 is possible.
Keep in mind that the BMPRD Facility as well as the Landfill site are Designated
"Public Facilities" on the City of Bend Comprehensive Plan Map.
Total PMP Trips = 668 PMP± Trips to be utilized as a cap for the project
area.
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Deschutes County - Westside landfill and related property development scenarios
DRAFT For BOCC Discussion Purposes
XXX.XXX Table "A" - Guide to Permitted Uses
N = Not Allowed P = Permitted CU = Permitted if CU granted L = Limited
Land Uses Permitted by Area
Area 1
Area 2
Area 3
Area 4
Area 5
Area 6
Residential
Mixed
Mixed Use
Mixed Use
Commercial
Industrial
Use
Commercial
Comm/Industrial
Billboard/Videoboard
N
N
N
N
N
N
Day-care center - child and/or adult
P
P
P
P
P
N
assistive care
Eating and drinking establishments
Cu
P
P
P
P
L
Education and research facilities
P
P
P
P
P
P
Entertainment, recreation, and
CU
P
P
P
P
P
cultural facilities
Motor vehicle Sales- Indoor only
N
CU
Cu
Cu
P
P
Convenience store with gas pumps
N
L
L
P
P
P
Government - no point of service
N
N
N
P
N
P
Government, social services,
N
P
P
P
P
P
schools, training centers, college
Hotel/motel, including bed and
N
P
P
P
P
P
breakfast
Kennel and Animal Services
N
L
L
P
P
P
Manufacturing and production
N
L
L
P
P
P
Manufactured home/recreational
N
N
N
P
P
P
vehicle/boat sales, equip. rental
Motor vehicle sales
N
N
N
P
P
P
Motor vehicle rental
N
N
P
P
P
P
Parking lottstructure
P
P
P
P
P
P
Parks, plazas, and open space
P
P
P
P
P
P
Professional and medical offices,
N
P
P
P
P
L
hospital, 24 hour health care
Public utilities
L
P
P
P
P
P
Religious institutions
P
P
P
P
P
N
Residential, single-family through
P
P
L
L
L
N
multiple-family uses
Retail, financial and personal
N
P
P
P
P
P
services
Self-service storage facility
N
P
P
P
P
P
Stormwater treatment basins
N
P
P
P
P
P
Warehouse
N
L
P
P
N
P
Wireless communication antenna
L
L
P
P
P
P
array
Wireless communication support
L
L
P
P
P
P
tower
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Deschutes County - Westside landfill and related property development scenarios
DRAFT For BOCC Discussion Purposes
XXX.XXX Uses with Specific Standards
Uses that are categorized with an "L" in Table "A" above are subject to the
corresponding standards of this section.
Eating and drinking establishments in Area 6.
a. Such establishments shall be primarily for the needs of the employees in
the industrial zone and not directed at serving the greater public.
b. The total floor area of the establishment shall be less than 3000 square
feet.
2. Convenience Store with gas pumps in Areas 2 and 3.
a. All lighting, other than the primary sign, shall be off after business hours of
operation. In any event, all lighting bulbs shall be shielded to reduce glare.
b. No more than four gas pumps are permitted.
c. The pumps shall be under a canopy.
3. Kennels in Areas 2 and 3.
a. Outside runs or areas are prohibited.
b. The structure(s) housing animals shall be adequately soundproofed to not
exceed xx decibels as measured from abutting sidewalks.
4. Manufacturing and production in Areas 2 and 3.
a. The use shall be within a totally enclosed building.
b. Outside storage of materials or equipment is prohibited.
c. Permitted uses within xxx.xx, Industrial zone, may be allowed except
that high impact uses are prohibited. (see attached list of high impact uses)
d. The maximum building floor area shall not exceed 50,000 square feet.
5. Professional and Medical Offices, including Hospital in Area 6.
a. Offices shall not exceed 2000 square feet in size.
b. Hospitals for 24-hour emergency services or satellite operations must be
less than 10,000 square feet in size.
c. Medical facilities that receive ambulances must be at least xxx feet from
residential zones.
d. Special permission from the Fire Department may be required when
locating offices or medical facilities near industrial uses that use/store
hazardous materials.
6. Public Utilities in Area 1.
a. All public utilities shall be placed underground, except for electrical sub-
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Deschutes County- Westside landfill and related property development scenarios
DRAFT For BOCC Discussion Purposes
stations which require a 40 foot deep landscape buffer on all sides of the
facility. Substation facilities shall not exceed xx feet in height.
b. Cell Towers and TV, Radio, and Broadcast towers are not allowed.
7. Residential Uses in Areas 3, 4, and 5.
a. Residential uses in Areas 3 and 4 shall not be located on the ground floor
except for a managers unit or lobby.
b. Residential uses in Area 5 are limited to caretaker units not on the ground
floor.
8. Warehouses in Area 2.
a. Warehouses shall be connected with an on-site retail or light industrial use
and not a stand-alone facility, except when on the second story.
b. First floor warehouses shall not exceed 8000 square feet in area.
9. Wireless communication antenna arrays in Areas 1 and 2.
a. Antenna arrays shall be disguised to be screened from view and in no case
exceed the height of any supporting roof by more than 10 feet.
10. Wireless communication support ground tower in Areas 1 and 2.
a. The tower shall comply with the requirements of xxx and not exceed 80
feet in height. Emergency Services such as public police, fire, and other
governmental public safety agencies are exempt from this requirement.
b. The tower shall be a mono-pine style device as illustrated by xxx.
XXX.XXX Conditional Uses Specific Standards
Conditional uses are listed in Table "A" with the letters "CU". Conditional uses
shall require approval of a conditional use permit as set forth in chapter xxx
Conditional Use Permits. Conditional uses identified above are also subject to
the corresponding specific standards as follows.
Eating and drinking establishments in Area 1.
a: Such establishments are subject to the limitations of Chapter xxx.xx
b. Such establishments shall provide additional buffering from abutting
residential areas by installing a minimum of 30 feet of landscaped areas on
all sides of the use.
(Others Placeholder)
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Deschutes County- Westside landfill and related property development scenarios
DRAFT For BOCC Discussion Purposes
XXX.XXX Design Review
All new development within the Westside Framework Plan shall comply with the
attached Urban Design Standards and Guidelines, and shall be approved
according to the design review process contained in chapter xxx.xxx (Need to
make sure the City process works for all cases in this development.)
Note: It may better to have a separate process that is streamlined for this
property versus the existing city's design review process. The City could change
the current design review code at any time and this could potentially create
problems down the road. Thus, their concept may not match the flexibility we
desire for the Westside Framework Plan.
XXX.XXX Maximum Building Height and Exceptions:
a. The maximum building height for multi-family, commercial, and industrial
structures is 50 feet unless an exception is granted as described below:
The maximum height may be increased by 20 feet, if structured parking
is provided either underneath the building or within the first floor or
when the facility is designed with LEED qualified techniques.
2. Pitched roofs, solar arrays, exhaust stacks, mechanical penthouses,
and accessible decks may extend above the height limit, provided that
there is no enclosed, habitable space above the height limit.
3. Height Transfer Credits Concept: height transfer credits may be
used in Area 2 and Area 4 where existing low elevations screen the
height of buildings. In no case shall buildings exceed 100 feet in
height or as approved by the Fire Department. Question: Do you want
to have this concept utilized in this document?
XXX.XXX Roadway Placement Flexibility and New Roads:
Minor Amendments - Movement of structures, infrastructure, trails, paths,
pedestrian ways, and/or roads as shown on the Framework Plan beyond 300
feet, but less than 500 feet, in any direction, and/or the addition of structures
and/or uses that are 5,000 square feet or less in size will be allowed subject to an
administrative determination following the criteria listed below.
Minor Amendment Criteria:
The proposed amendment is on land located within the Framework Plan,
and,
6
Dcschutes County - Westside landfill and related property development scenarios
DRAFT For SOCC Discussion Purposes
2. The proposed amendment is not within 100 feet of an abutting Residential
zone outside of the Framework Plan boundary.
Major Amendment Criteria:
1. Movement of structures, infrastructure, trails, paths, pedestrian ways,
and/or roads as shown on the Campus Plan beyond 500 feet in any
direction or within 100 feet of an abutting Residential Zone outside of the
Framework Plan area will require review before the Planning Commission.
XXX.XXX Expedited Review:
Expedited review is allowed for the following land use permits:
a) Schools, colleges, emergency services, affordable housing projects, and
adjunct applications.
b) Government institutions, activities, and related offices
c) Repair tasks needed to support the uses in a) and b) listed above.
Expedited review is where the Applicant submits the application via the Eplan
system and the City processes the complete application upon receipt thus
eliminating the 30 day completeness check. If Planning Commission review is
required the application will be scheduled for a date no greater than 30 days from
application or a special meeting may be scheduled that meets the 30-day
timeline. The per acre fee for the above projects shall not apply to projects within
the Westside Framework Plan.
XXX.XXX Master Plans Required:
Master plans are required for projects that include:
a) new transportation connections, and/or
b) new development in Areas 1 or 2 greater than 2 acres in size
The City fee for "master plans" shall not apply to development within the
Westside Framework Plan.
Question: Do we want a separate master planning process for this Framework
Plan?
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Deschutes County - Westside landfill and related property development scenarios
DRAFT For BOCC Discussion Purposes
XXX.XXX Trip Debit/Credit S stem:
Any transportation analysis that results in reserves of PM peak (PMP) shall
accrue those trips as credits for the phase of the Framework Plan that is under
land use permit review. The trip credits are transferrable to other Framework
Plan phases.
XXX.XXX Exception to Block Length and Roadway Standards:
The Framework Plan supports multi-modal development which includes a need
for flexible roadways standards. While the primary roads shown on the
Framework Plan are public, future roads will be private. These private roads will
consist of a variety of widths and styles. The following standards will be
permitted for private roads:
(Placeholder pending transportation analysis review)
XXX.XXX Definitions:
Must be listed to provide separation from City standards and to reflect the unique
features of the situation.
Deschutes County - Westside landfill and related property development scenarios
TES
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Department of Administrative Services
Dave Kanner, County Administrator
1300 NW Wall St, Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202
www. co. deschutes. on us
April 23, 2010
TO:
FROM:
RE:
Board of Commissioners
Dave Kanner
Attorney General's "Transparency in Government" initiative
As you are no doubt aware, Attorney General John Kroger has launched an initiative to
identify issues with Oregon's public records and public meetings laws with the goal of
proposing improvements to the 2011 Legislature. According the AG's web site:
"Oregon's open government laws promote democracy by ensuring that all state, regional
and local governments conduct their business with transparency. Attorney General John
Kroger has launched a systematic review of Oregon's public records and meetings laws to
identify weak points and suggest improvements in time for the 2011 legislative session.
Cosponsored by the Oregon Newspaper Publisher's Association, the purpose of this
public meeting will be to gather suggestions from the public, media, government officials
and anyone else who is interested in improving government transparency in Oregon."
Attorney General Kroger will hold a public meeting in Redmond on Thursday, April 29,
6 p.m. at the Redmond Library. Scot Langton and Nancy Blankenship have signed up to
testify and they will focus on the need to develop uniform statewide procedures for
redaction of certain types of information from deed records, as approved by the 2009
Legislature. Laurie Craghead would also like to testify on this issue and has requested an
opportunity to meet with the Board regarding what she might present as the County's
position.
Enhancing the Lives of Citizens by Delivering Quality Services in a Cost-Effective Manner