2010-2659-Minutes for Meeting June 07,2010 Recorded 6/16/2010FICIAL RECORD NANCYDESCHUBLANKENSHIPTES COUNTY CLERKS Q 200.2659
COMMISSIONERS' JOURNAL 06/1612010 11;28;06 AM
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Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
MINUTES OF BUSINESS MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
MONDAY, JUNE 79 2010
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Dennis R. Luke, Alan Unger and Tammy Baney.
Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy
County Administrator; Laurie Craghead, County Counsel; Tom Anderson, Nick
Lelack, Cynthia Smidt, George Read and Kevin Harrison, Community
Development; Chris Edelston, Finance; Hillary Borrud of The Bulletin; and six
other citizens. Chair Luke opened the meeting at 10:00 a. m.
1. Before the Board was Citizen Input.
Tom Anderson explained that the signs have been taken down or covered at the
adult business location at Deschutes Junction. The tenant came in on Friday to
find out about the application process and what building permits might be
required. The color of the building, bright pink, probably does not comply with
the landscape management criteria. The signs did not comply with Code.
Rick Coffin of Deschutes County said he understands the process and wanted to
talk about his experience in Deschutes Junction. He gave an overview of the
history of the area. He said that the person who wants to put in the business has
the same type of business in other areas and is apparently well-funded.
Rick Coffin said that the big picture needs to be looked at. Deschutes Junction
needs to be addressed and examined carefully. Certain types of uses should be
allowed. Mr. Aceti, Mr. Fagan and others have agreed to pay for a frontage
road. There is a responsibility to young people to have the right kinds of
business at this location. He hopes that there are legal grounds to deny this
business, and would like to see Deschutes Junction cleaned up and used
appropriately.
Minutes of Board of Commissioners' Business Meeting Monday, June 7, 2010
Page 1 of 8 Pages
The Commissioners thanked Mr. Coffin for his comments, and noted that there
has been a lot of other input on this issue as well. Deschutes Junction is being
examined as part of the comprehensive plan update as well.
Commissioner Luke asked Laurie Craghead about accepting comments on other
agenda items. Ms. Craghead stated that regarding item #3, it is up to the
Commissioners as to whether to take testimony, but it was not noticed as a
hearing. Regarding item #4, the record is closed, and any comments made
cannot be a part of the record at this point, and cannot be used to help make a
decision.
2. Before the Board was a Public Hearing on the Fiscal Year 2010-11 Fee
Schedule for Deschutes County.
Chair Luke opened the public hearing. Christina Edleston said there were
changes - a daycare use and remodel free are now included. Also, Community
Development's schedule was reduced by 5%.
Paul Dewey for Central Oregon LandWatch asked about the increase in appeal
fees for land use decision. Tom Anderson said that the current fee is being
increased approximately 5%. Mr. Dewey indicated that he erroneously
referred to a schedule that was several years old.
Being no further testimony offered, the hearing was closed.
Dave Kanner said that a new law allows the County to adopt a new or changed
fee schedule mid-year if necessary.
3. Before the Board was Consideration of Signature of Order No. 2010-032,
Initiating Review of the Hearings Officer's Decision regarding a Bed &
Breakfast Inn (Applicant: Anderson).
Cynthia Smidt and Kevin Harrison came before the Board. Ms. Smidt gave an
overview of the item, which involves the denial of an application to establish
and bed and breakfast inn. Based on past Code, since 1991 until 2009, the State
acknowledged bed & breakfast in Code. Staff categorized this as a bed and
breakfast, but the Hearings Officer found differently.
Minutes of Board of Commissioners' Business Meeting Monday, June 7, 2010
Page 2 of 8 Pages
Mr. Harrison said it comes down to the wording of bed and breakfast or room
and board arrangement. This has been found consistent with State law. Staff
came to believe that bed and breakfast inn wording is the same as room and
board arrangement. In 2009 the latest update of the EFU zone removed the
reference to bed and breakfast. Mr. Anderson applied for a room and board
arrangement several months ago.
The opponents argued that bed and breakfast and room and board arrangements
are not the same. The Hearings Officer denied the application on that basis.
Staff is asking that a review of application be allowed, as staff feels they have
some responsibility for leading the applicant down the wrong road.
Commissioner Luke said that he has some concerns about this situation. He
asked if the Hearings officer made the decision erroneously. He added that
staff gives advice to people all the time. The Hearings Officer is very capable
of understanding the law. The applicant has an obligation to confirm
information given.
Commissioner Baney stated that she believes the Board should hear this de
novo. People should be able to go to professional staff and get correct
information without having to hire legal counsel. Commissioner Luke said that
if this is heard, people are more likely to challenge other information provided
to them by staff.
Commissioner Baney stated that the Code was just changed a year ago. It
would have been allowable as a conditional use, but through those changes
there is an opportunity to shed light on a Code change. It would be difficult to
replicate this situation.
Commissioner Unger agreed with Commissioner Baney. They cannot expect
every applicant to have to obtain legal counsel on every issue. The applicant
deserves a fair opportunity to deal with this.
Commissioner Luke asked about consideration of the opponents and the legal
fees they paid. Commissioner Baney noted that anyone should expect accurate
information from professional staff. A mistake might have been made as to
what information was given to them. Ms. Smidt said that staff gave advice as to
what they thought was correct, but according to the Hearings Officer it was the
wrong direction.
Minutes of Board of Commissioners' Business Meeting Monday, June 7, 2010
Page 3 of 8 Pages
Commissioner Baney stated that it should stand on its own.
Ms. Craghead said that the applicant did apply for the room and board
application, but staff had them go for a bed and breakfast instead. Ms. Smidt
stated they felt they were one and the same. The Hearings Officer said that this
was an application for a bed and breakfast in the context of room and board.
Commissioner Luke stated that room and board is typically for more than one
night. Bed and breakfast is not allowed per State law, per Mr. Harrison; it is
handled under room and board. There is no limit on the number of days.
Room and board arrangements are a conditional use in the EFU zone. It would
before a maximum of five people, with no limit on stay.
Ms. Craghead added that she does not know if there are cases that define room
and board.
Nick Lelack said that they were to meet conditional uses for a bed and
breakfast. The criteria for bed and breakfast are not the same as for room and
board situations. Ms. Craghead said the Board would have to hear this to clear
it up. Commissioners Tammy and Unger feel they should. Ms. Craghead
stated that the only de novo issue would be the ones on which the Hearings
Officer denied the application. The issue of bed and breakfast versus room and
board would not be a part of the discussion.
BANEY: Move that this be heard de novo.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes no. (Split vote.)
4. Before the Board was Consideration of First and Second Readings and
Adoption, by Emergency, of Ordinances 2010-001 and 2010-002, regarding
Destination Resort Remapping Goals, Policies and Procedures.
Peter Gutowsky and Nick Lelack came before the Board. Mr. Gutowsky gave
an overview of the criteria the Board wanted followed.
The first modification recognizes that the first Tuesday. In September they
would be set for submitting a map change application.
Minutes of Board of Commissioners' Business Meeting Monday, June 7, 2010
Page 4 of 8 Pages
The second modification has to do with the grandfather clause, and `opting in"
in January. Measure 56 obligations would also have to be met.
Commissioner Luke stated that all land should be treated the same regardless of
ownership.
Nick said there may be interested by Commissioners or Planning Commission
to allow land that has CCR's to convert to destination resorts rather than having
individually owners apply. If it is a platted subdivision, the original developer
could require that the entire subdivision comply.
Commissioner Luke pointed out that just because they are on the map does not
mean that they can automatically do this. He said that the Ordinance
establishes a process. Once the map is generated, public hearings would follow.
This just creates the map, and narrows considerably what the Planning
Commission last wanted to do.
Discussion then occurred regarding language in criteria D, as proposed by staff
(copy attached for reference). Commissioner Baney observed that she would
like to have public input on this, but the conversation is far bigger than that. It
involves deed restrictions on property that people have purchased.
UNGER: Move that criteria D be added to Ordinance No. 2010-002.
BANEY: Second.
VOTE: BANEY:
Yes.
UNGER:
Yes.
LUKE:
Yes.
BANEY: Move first and second readings by title only of Ordinance No. 2010-
001.
UNGER: Second.
VOTE: BANEY:
Yes.
UNGER:
Yes.
LUKE:
Yes.
Chair Luke conducted the first and second readings by title only, declaring an
emergency.
Minutes of Board of Commissioners' Business Meeting Monday, June 7, 2010
Page 5 of 8 Pages
UNGER: Move adoption of Ordinance No. 2010-001.
BANEY: Second.
VOTE: BANEY:
Yes.
LINGER:
Yes.
LUKE:
Yes.
BANEY: Move first and second readings by title only of Ordinance No. 2010-
002, as amended.
UNGER: Second.
VOTE: BANEY:
Yes.
UNGER:
Yes.
LUKE:
Yes.
Chair Luke conducted the first and second readings by title only, declaring an
emergency.
UNGER: Move adoption of Ordinance No. 2010-002.
BANEY: Second.
VOTE: BANEY:
Yes.
UNGER:
Yes.
LUKE:
Yes.
CONVENED AS THE GOVERNING BODY OF THE BLACK BUTTE
RANCH COUNTY SERVICE DISTRICT
5. Before the Board was a Public Hearing on the Fiscal Year 2010-11 Fee
Schedule for the Black Butte Ranch County Service District.
Chair Luke opened the public hearing. Christina Edleston said there were no
changes from the work session.
Being no testimony offered, the hearing was closed.
CONVENED AS THE GOVERNING BODY OF THE SUNRIVER
SERVICE DISTRICT
6. Before the Board was a Public Hearing on the Fiscal Year 20010-11 Fee
Schedule for the Sunriver Service District.
Minutes of Board of Commissioners' Business Meeting Monday, June 7, 2010
Page 6 of 8 Pages
Chair Luke opened the public hearing. Christina Edleston said there were no
changes from the work session.
Being no testimony offered, the hearing was closed.
CONVENED AS THE GOVERNING BODY OF DESCHUTES COUNTY
LAW ENFORCEMENT DISTRICT #1
7. Before the Board was a Public Hearing on the Fiscal Year 2010-11 Fee
Schedule for Deschutes County Law Enforcement District #1.
Chair Luke opened the public hearing. Christina Edleston said there were no
changes from the work session.
Being no testimony offered, the hearing was closed.
CONVENED AS THE GOVERNING BODY OF DESCHUTES COUNTY
LAW ENFORCEMENT DISTRICT #2
8. Before the Board was a Public Hearing on the Fiscal Year Fee 2010-11 Fee
Schedule for Deschutes County Law Enforcement District #2.
Chair Luke opened the public hearing. Christina Edleston said there were no
changes from the work session.
Being no testimony offered, the hearing was closed.
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
9. Before the Board was a Public Hearing on the Fiscal Year 2010-11 Fee
Schedule for the 911 County Service District.
Chair Luke opened the public hearing. Christina Edleston said there were no
changes from the work session.
Being no testimony offered, the hearing was closed.
Minutes of Board of Commissioners' Business Meeting Monday, June 7, 2010
Page 7 of 8 Pages
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
10. Before the Board was a Public Hearing on the Fiscal Year 2010-11 Fee
Schedule for the Extension/4-11 County Service District.
Chair Luke opened the public hearing. Christina Edleston said there were no
changes from the work session.
Being no testimony offered, the hearing was closed.
11. ADDITIONS TO THE AGENDA
None were offered.
Being no further items addressed, the meeting adjourned at 11:25 a. m.
DATED this 7A Day of June 2010 for the Deschutes County Board of
Commissioners.
ATTEST:
Dennis R. Luke, Chair
Alan Unger, Vice Chair
Tammy aney, C missioner
Recording Secretary
Minutes of Board of Commissioners' Business Meeting Monday, June 7, 2010
Page 8 of 8 Pages
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REQUEST TO SPEAK
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,
Phone #s
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F1 In Favor F-] Neutral/Undecided F1 Opposed
Submitting written documents as part of testimony? Yes No
If so, please give a copy to the Recording Secretary for the record.
Chapter 22.23. DESTINATION RESORT MAP AMENDMENT PROCEDURES
22.23.010. Destination Resort Map Amendment Procedures.
The existing comprehensive plan map of sites eligible for destination resorts ("eligibility map") may be
amended as follows:
A. All amendments to the eligibility map shall be processed simultaneously and no more than once every
30 months.
B. The deadline for applications for the first eligibility map amendment shall be the first Tuesday in
September by 5:00 p.m.
C. Lands -shown on the existing eligibility map but unable to comply with DCC 23.84.030(3)(a),
23.84.030(3)(b), 23.84.030(3)(c) and 23.84.030(3)(d) will remain on the eligibility map if property
owners file a formal request with the Deschutes County Community Development Department on an
authorized county form by the first Friday in January at 5:00 p.m. to remain eligible.
D. All lots in a previously platted and developed subdivision shall be eligible to remain on the eligibility
map in the same manner as DCC 22.23.010(C).
1. Each lot in the subdivision must contain a deed restriction or Covenant Condition and Restriction
that authorizes the original developer of that subdivision, or its successors in interest, to gpply for
conversion of the subdivision to a destination resort;
2. The original developer of that subdivision, or its successors in interest, may apply on behalf of
all of the individual lot owners to remain on the eligibility ma.
E. In addition to any other county code provision regarding notice, 30 days prior to the end of the next 30-
month period for amendments to the eligibility map, Deschutes County shall publish a notice
announcing opportunities for property owners to apply for an amendment to the eligibility map.
F. Property owners must file applications for an eligibility map amendment prior to the last day of the 30-
month period by 5:00 p.m.
G. Any additional applications filed after the deadline in DCC 22.23.010(C) will be processed at the end of
the next 30-month cycle.
H. Applications to either remove property from or add property to the eligibility map may be initiated by
the Board, or, if by a property owner, shall:
1. Be submitted by the property owner or a person who has written authorization from the property
owner as defined herein to make the application;
2. Be completed on a form prescribed by the Planning Director;
3. Be accompanied by the appropriate filing fee, unless such fees are waived by the Board of County
Commissioners;
4. Include documentation that demonstrates compliance with DCC 23.84.030(3)(x), 23.84.030(3)(b),
23.84.030(3)(c) and 23.84.030(3)(d);
5. For applications adding properties to the eligibility map, the applicant will be required to
demonstrate consistency with the Transportation Planning Rule at OAR 660-012-0060.
I. The planning director shall retain any applications received prior to the expiration of the 30-month
period.
J. Multiple applications shall be consolidated.
K. The planning director shall schedule the hearing before the planning commission or hearings officer
after the expiration of the 30-month period.
(Ord. 2010-002 § 1, 2010)
PAGE 1 OF 1 - EXHIBIT "A" TO ORDINANCE 2010-002
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., MONDAY, JUNE 7, 2010
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
1. CITIZEN INPUT
This is the time provided for individuals wishing to address the Board, at the Board's
discretion, regarding issues that are not already on the agenda. Citizens who wish to speak
should sign up prior to the beginning of the meeting on the sign-up cards provided. Please
use the microphone and also state your name and address at the time the Board calls on you
to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject
of a public hearing will NOT be included in the record of that hearing.
2. A PUBLIC HEARING on the Fiscal Year 2010-11 Fee Schedule for
Deschutes County - Jeanine Faria, Christina Edleston, and Marty Wynne,
Finance Department
3. CONSIDERATION of Signature of Order No. 2010-032, Initiating Review of
the Hearings Officer's Decision regarding a Bed & Breakfast Inn (Applicant:
Anderson) - Cynthia Smidt & Kevin Harrison, Community Development
4. CONSIDERATION of First and Second Readings and Adoption, by
Emergency, of Ordinances 2010-001 and 2010-002, regarding Destination
Resort Remapping Goals, Policies and Procedures - Peter Gutowsky,
Community Development Department
CONVENE AS THE GOVERNING BODY OF THE BLACK BUTTE
RANCH COUNTY SERVICE DISTRICT
5. A PUBLIC HEARING on the Fiscal Year 2010-11 Fee Schedule for the Black
Butte Ranch County Service District - Jeanine Faria, Christina Edleston, and
Marty Wynne, Finance Department
Board of Commissioners' Business Meeting Agenda Monday, June 7, 2010
Page 1 of 5 Pages
CONVENE AS THE GOVERNING BODY OF THE SUNRIVER SERVICE
DISTRICT
6. A PUBLIC HEARING on the Fiscal Year 20010-11 Fee Schedule for the
Sunriver Service District - Jeanine Faria, Christina Edleston, and Marty
Wynne, Finance Department
CONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY
LAW ENFORCEMENT DISTRICT #1
7. A PUBLIC HEARING on the Fiscal Year 2010-11 Fee Schedule for
Deschutes County Law Enforcement District # 1 - Jeanine Faria, Christina
Edleston, and Marty Wynne, Finance Department
CONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY
LAW ENFORCEMENT DISTRICT #2
8. A PUBLIC HEARING on the Fiscal Year Fee 2010-11 Fee Schedule for
Deschutes County Law Enforcement District #2 - Jeanine Faria, Christina
Edleston, and Marty Wynne, Finance Department
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
9. A PUBLIC HEARING on the Fiscal Year 2010-11 Fee Schedule for the 911
County Service District - Jeanine Faria, Christina Edleston, and Marty Wynne,
Finance Department
10. CONSIDERATION of Approval of Accounts Payable Vouchers for the 9-1-1
County Service District
CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
11. A PUBLIC HEARING on the Fiscal Year 2010-11 Fee Schedule for the
Extension/4-H County Service District - Jeanine Faria, Christina Edleston,
and Marty Wynne, Finance Department
Board of Commissioners' Business Meeting Agenda Monday, June 7, 2010
Page 2 of 5 Pages
12. CONSIDERATION of Approval of Accounts Payable Vouchers for the
Extension/4-H County Service District
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
13. CONSIDERATION of Approval of Accounts Payable Vouchers for
Deschutes County
14. ADDITIONS TO THE AGENDA
Deschutes County meeting locations are wheelchair accessible.
Deschutes County provides reasonable accommodations for persons with disabilities.
For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY.
Please call (541) 388-6571 regarding alternative formats or for further information.
FUTURE MEETINGS:
(Please note: Meeting dates and times are subject to change. All meetings take place in the Board of
Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions
regarding a meeting, please call 388-6572)
Monday, June 7
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, June 9
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, June 14 through Wednesday June 16
8:00 - 5:00 Association of Oregon Counties Spring Conference (Riverhouse)
Board of Commissioners' Business Meeting Agenda Monday, June 7, 2010
Page 3 of 5 Pages
Wednesday, June 16
11:00 a.m. Youth Challenge Graduation - Fairgrounds
2:30 p.m. Regular Update - Commission on Children & Families
Thursday, June 17
10:00 a.m. Quarterly Update with Community Justice
Monday, June 21
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Tuesday, June 23
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, June 24
9:00 a.m. Quarterly Meeting with the Fair & Expo Department
2:00 p.m. Quarterly Meeting with the Sheriff
Monday, June 28
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday. June 30
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, July
8:00 a.m. Meeting with Sisters City Council, Sisters City Hall
Monday July
Independence Day Observed - Most County offices will be closed
Board of Commissioners' Business Meeting Agenda Monday, June 7, 2010
Page 4 of 5 Pages
Wednesday, July 7
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
5:00 p.m. Regular Joint Meeting with the City of Bend Council - at Bend City Chambers
Thursday, July 8
7:00 a.m. Regular Meeting with Redmond City Council - Redmond Council Chambers
Wednesday, July 14
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Deschutes County meeting locations are wheelchair accessible.
Deschutes County provides reasonable accommodations for persons with disabilities.
For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY.
Please call (541) 388-6571 regarding alternative formats or for further information.
Board of Commissioners' Business Meeting Agenda Monday, June 7, 2010
Page 5 of 5 Pages