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2010-2924-Minutes for Meeting October 18,2010 Recorded 11/3/2010COUNTY NANCYUBLANKENSHIP,F000NTY CLERKS 'lllll~ 11/03/2010 02:16 :59 PM ~11 ~ Do not remove this page from original document. Deschutes County Clerk Certificate Page Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.oriz MINUTES OF BUSINESS MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, OCTOBER 18, 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 Will Groves, Community Development; Laurie Craghead, County Counsel; and four other citizens. Chair Luke opened the meeting at 10:00 a. m. 1. Before the Board was Citizen Input. None was offered. 2. Before the Board was a Public Hearing and Consideration of First Reading of Ordinance No 2010-030, Amending Code to Change the Designation of Certain Property from Agricultural to Rural Industrial (Applicant: 4-R Equipment). 3. Before the Board was a Public Hearing, and Consideration of First Reading of Ordinance No 2010-031, Amending the Zoning Map to Change the Designation of Certain Property from Agricultural to Rural Industrial (Applicant: 4-R Equipment). Commissioner Baney read the opening statement covering the two proposed Ordinances. Regarding ex parte contacts, bias or conflicts of interest, Commissioner Luke said there was a work session on this issue; also, all three Commissioners know the applicant and some of the witnesses. Commissioners Unger and Baney agreed. No challenges from the audience were offered. Minutes of Board of Commissioners' Business Meeting Monday, October 18, 2010 Page 1 of 7 Pages Chair Luke opened the public hearing. Will Groves gave an overview of the proposed Ordinances, referring to an oversized map showing the subject property and the Deschutes Junction area. The applicant went through a similar process in 2009 regarding other land in the area. Some of the property will require a conditional use permit, with a higher level of compatibility required. The zone would be the same but a limited use combining zone designation would apply. The Board previously approved this use for some of the applicants' property, but more land is needed for operations at this time. Paul Dewey of Central Oregon LandWatch originally indicated that the amount of land was excessive due to the amount of material, so the amount of land was reduced. Jan Elrod lives on adjacent property and is concerned about the impacts of increased operations in regard to air quality and noise. The applicant has said that this will make the situation better by moving some of the heavy equipment further from Ms. Elrod's property. Commissioner Unger asked if the early morning noise will be near residential. Mr. Groves said that the applicant does not impact the current operations but the Hearings Officer felt that the impacts might be reduced by expanding the land use. Sharon Smith, representing the applicant, and applicant Ron Robinson came before the Board. Commissioner Luke asked about the small strip of land along the railroad tracks that is included. Mr. Robinson said that it will be used for parking purposes. Ms. Smith asked about the history of the property. Mr. Groves referred to a memo to the Board from him that detailed this information. Ms. Smith said that she started working with Cascade Pumice in the 1990's. Work started there on pumice and other materials in the 1930's. The materials have gone from being pumice-based to other materials. It has one of the few private rail sidings in the County, and has the historic use making it unique. The Hearings Officer concluded that this is not a precedence-setting change. Processing pumice is different from aggregate due to the nature of the material. It is also a seasonal business based on when roads are built or improved. This will allow for a little more efficient use of the property, with truck parking farther away from the adjacent residential properties. Minutes of Board of Commissioners' Business Meeting Monday, October 18, 2010 Page 2 of 7 Pages Mr. Robinson said that they will do whatever is needed to protect the canal going through, including a bridge if required. Ms. Smith said that there has been talk about piping the canal and perhaps even a small hydro facility. The right of way for the canal is 100 feet. Commissioner Unger asked about the hope of having trails throughout the area, which logically would include being along the canal going through the property. Ms. Smith replied that there is a buffer area next to the highway that might be a better location for that. The company does like to work with the community. Commissioner Luke said that there is liability involved that needs to be considered. Jan Elrod testified that her home is directly east from the operation. The air quality was terrible when Robinsons first started there. She talked with them and things improved. She feels they have good intentions but the reality is when trucks start up, her property is in the direct line of fire for fumes and dust. In the proposal, and from what she has heard today, she thinks they have a right to breathe clean air and have a healthy environment. She heard that the fueling station would be moved, but now understands it will remain where it is. If the trucks and fueling station will remain where they are, the concerns remain. Mr. Robinson said that the fuel tanks are above ground. Ms. Smith stated that until there is a site plan, it won't be finalized. Mr. Robinson said that they fuel at night but the biggest impact is in the morning when a big plume goes over to her property when the trucks warm up. Fueling will remain in place, but truck parking will be in the new area. He stated that if there is still an impact, although it is expensive, he will move the fueling station as well. Ms. Elrod said that this has been stated a couple of times. She knows it is an expense, but what is someone's health worth. This is her main concern. Also, with the expansion of the area, it also has a visual impact on the landscape. She is concerned about the area in general. There does not seem to be a concern on how things appear and what care is being taken. Very little has been done to lessen the visual impacts; not just Robinsons but the block plant as well. At one time there were trees planted in and around the facilities, but it is sadly not maintained now. She added that something should be given back to the land that has given so much. It does not have to look terrible. More respect should be shown to the land. Minutes of Board of Commissioners' Business Meeting Monday, October 18, 2010 Page 3 of 7 Pages The Deschutes Junction area is in the line of fire, with 19th Street and the City of Bend all coming together there. She wonders if they will be able to stay there or if the area will be so degraded that it will not be healthy or pleasant to live there. There is a lot of pressure on that area right now, and she is concerned about its future. She looks at the land in its natural state as being at its best. Others look at what it can do for them, and she thinks that this is short- sighted. It needs to be a healthy environment and allow for clean air. The land should be respected with a softer footprint. Commissioner Baney asked if she has been involved in the community meetings. Ms. Elrod said she has been when she's notified. Paul Dewey for Central Oregon LandWatch said that they are not formal opponents, but just concerned citizens. There are some positives by moving operations away from the trailer court and Ms. Elrod's property. They were concerned about precedence for that area, but because of the unique historical context have been assured that it is not a problem. And a goal exception is usually narrowly applied, but there are concerns about visual impacts. His group is agreeable with the Hearings Officer's decision. Commissioner Luke asked what is being done for dust control. Mr. Robinson replied they have water trucks. This material furnishes most of the Bend projects and smaller companies haul from there as well. Mr. Robinson stated that they try to respond to Ms. Elrod's calls, and moving the truck parking should help a lot. The other important thing is that this moves the crushing operations away from the trailer park. Commissioner Unger agrees with Ms. Elrod that things do change over time, and transportation facilities need to be recognized. ODOT has developed this area to allow for safer transportation. He feels that this change is a fit for the location, and allows for servicing a large area. Commissioner Baney agreed. Commissioner Luke said that the Road Department put together a map that shows a beltway, a circle of local roads. Deschutes Junction has changed a great deal over the years. They used to allow trucks to load at night. There were a lot of farming practices including haying at night. In the early 1900's, the area had a lot of businesses and buildings. It has been industrial since he can remember in the 1960's. He does not feel that the pipe facility is well maintained and they could be better neighbors. Minutes of Board of Commissioners' Business Meeting Monday, October 18, 2010 Page 4 of 7 Pages Commissioner Unger stated that as industrial uses and technology are developed, there are ways to lessen the impact. Redmond supported Taylor NW and Hooker Creek regarding asphalt plants, and there is the ability to lessen the impact of noxious fumes from industrial uses. It might not happen all the time, but most of the time it can be mitigated. He feels that the impact of industrial uses on an area can be addressed over time. Ms. Elrod asked if this is improved but there are still consequences, what can she do about it as a local resident. In particular, she is concerned about what she can do if the air is impacted. Commissioner Luke said it depends on what is allowed with the use. Code enforcement will investigate if there are problems. Commissioner Unger said that it may depend on whether it is a chronic or occasional problem. Ms. Elrod asked if anyone knows what is too much of an impact on the air. The other concern is the block plant whose plastic packaging materials blows all over. Commissioner Luke said that he understands they need to maintain their property. Laurie Craghead stated that would be a solid waste violation. The County does not have a way to enforce air quality issues; that is a State function. Ms. Elrod asked if there is any kind of expectation regarding a landscaping plan. Commissioner Luke asked if a site plan has to be filed. Mr. Groves stated that the site plan has to show that the use is appropriate. That would be the time to talk about landscaping. Commissioner Baney said that it has to be compatible with adjacent lands. Mr. Groves stated that this could be an administrative decision but it depends on what comments they receive. Commissioner Unger said that he feels the applicants are looking out for everyone's interest beyond what the law requires. Ms. Smith assured Ms. Elrod that she will be included when they come in with the site plan so she has a chance to review it as well. Commissioner Baney said that mitigation is better handled outside of the Hearings Officer's decision, which may not require as much by law as is desired. Commissioner Luke added that the landscape requirements are very different for an industrial zone. Minutes of Board of Commissioners' Business Meeting Monday, October 18, 2010 Page 5 of 7 Pages RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 6. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $1,841.852.94. BANEY: Move approval, subject to review. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 7. ADDITIONS TO THE AGENDA Being no further items addressed, the meeting adjourned at 11:05 a.m. 0 DATED this f7~ Day of~ 2010 for the Deschutes County Board of Commissioners. Dennis R. Luke, Chair aza"l- 641~~ ATTEST: Recording Secretary Alan Unger, Vice Chair QNR~ Tammy Baney, Co issioner Minutes of Board of Commissioners' Business Meeting Monday, October 18, 2010 Page 7 of 7 Pages 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, OCTOBER 18, 2010 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend 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 and Consideration of First Reading of Ordinance No 2010-030, Amending Code to Change the Designation of Certain Property from Agricultural to Rural Industrial (Applicant: 4-R Equipment) - Will Groves, Community Development Suggested Motions: Open hearing and take testimony; close hearing; move first reading of Ordinance No. 2010-030 if appropriate. 3. A PUBLIC HEARING and Consideration of First Reading of Ordinance No 2010-031, Amending the Zoning Map to Change the Designation of Certain Property from Agricultural to Rural Industrial (Applicant: 4-R Equipment) - Will Groves, Community Development Suggested Motions: Open hearing and take testimony; close hearing; move first reading of Ordinance No. 2010-031 if appropriate. Board of Commissioners' Business Meeting Agenda Monday, October 18, 2010 Page 1 of 5 Pages CONVENE AS THE GOVERNING BODY OF THE 911 COUNTY SERVICE DISTRICT 4. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the 911 County Service District CONVENE AS THE GOVERNING BODY OF THE EXTENSION AND 4-H COUNTY SERVICE DISTRICT 5. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the Extension/4-14 County Service District RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 6. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for Deschutes County 7. 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, October 18 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Board of Commissioners' Business Meeting Agenda Monday, October 18, 2010 Page 2 of 5 Pages Monday, November 29 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, December 1 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, December 6 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, December 8 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, December 15 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, December 20 10:00 a.m. Board of Commissioners' Meeting (tentative) 1:30 p.m. Administrative Work Session - could include executive session(s) (tentative) Wednesday, December 22 10:00 a.m. Board of Commissioners' Meeting (tentative) 1:30 p.m. Administrative Work Session - could include executive session(s) (tentative) Monday, December 27 10:00 a.m. Board of Commissioners' Meeting (tentative) 1:30 p.m. Administrative Work Session - could include executive session(s) (tentative) Board of Commissioners' Business Meeting Agenda Monday, October 18, 2010 Page 4 of 5 Pages Wednesday, December 29 10:00 a.m. Board of Commissioners' Meeting (tentative) 1:30 p.m. Administrative Work Session - could include executive session(s) (tentative) Monday, January 3 8:00 a.m. Swearing in of Newly Elected/Re-elected Officials 10:00 a.m. Board of Commissioners' Meeting (tentative) 1:30 p.m. Administrative Work Session - could include executive session(s) (tentative) Wednesday, January 5 10:00 a.m. Board of Commissioners' Meeting (tentative) 1:30 p.m. Administrative Work Session - could include executive session(s) (tentative) 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, October 18, 2010 Page 5 of 5 Pages JTES tia BOARD OF COMMISSIONERS' MEETING a { REQUEST TO SPEAK Agenda Item of Interest: LI- Q r,g . fi Date: Name QAUL r'-~)awf Y Address i 5 'S'5 NW u <<l~ t v~G ~ ~.d c>,Q ~ ~ X41 Phone #s 541- 3V9- )553 E-mail address In Favor Neutral/Undecided ~ Opposed Submitting written documents_ as part of testimony? ❑ Yes D No If so, please give a copy to the Recording Secretary for the record. tu~G~J-CES ^p`Z-1 n < BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest: Name S ka 6 " Date: S /Y` 1 l S o Address`s Phone #s E-mail address ~rn , k-- S low S ' cam-' a---I-n Favor r-] Neutral/Undecided Opposed Submitting written documents.. as part of testimony? F Yes [79 No If so, please give a copy to the Recording Secretary for the record. U~v-tES :.OC. BOARD OF COMMISSIONERS' MEETING n -c REQUEST TO SPEAK Agenda Item of Interest: s Date: . / .2,!~Z Name Address 4(,7 e10 Z!? .51"rjg ' Phone #s 5 L// - 329_9 E-mail address ❑ In Favor F-] Neutral/Undecided Opposed x' -10 q s~-e r~~s Submitting written documents,as part of testimony? F]Yes [;I-No If so, please give a copy to the Recording Secretary for the record. The Board's decision on this application will be based upon the record before the Hearings Officer, the Hearin Officer's decision, the Staff Report and the testimony and evidence prese ed at this hearing. IV. ORDER OF PRESENTATION A. The hearing will be conductep in the following order. 1. The staff will give a repprt. The applicant will then pave an opportunity to offer testimony and evidence. 2. Proponents of the p oposal then the opponents will then be given a chance to testify and prese evidence. to present rebuttal testimony but may d 3. The applicants will hen brj not present new evi ence. 4. At the Board's dis retio , if the applicants presented new evidence on rebuttal, opponents may e recog ized for a rebuttal presentation. 5. At the conclusion of ~h~ heari g, the staff will be afforded an opportunity to make any closing co en 6. The Board may limit the time period for presentations. B. If anyone wishes to ask a question to the Chair during testified, after all other witne The Chair is free to decide wl C. Continuances The grant of a continuance Board. 1 question of a witness, the person may direct the hat person's testimony, or, if the person has already ses have testified but before the Applicant's rebuttal. ether or not to ask such questions of the witness. or record extension shall be at the discretion of the If the Board grants a1continuance, it shall continue the public hearing to a date certain, or leave he written record open. D. If, at the conclusion of the he ring, the Board leaves the record open for additional written evidence or testimony the record shall be left to a date certain for submittal of new written evidence or testimony and at least seven additional days for response to the evidence r eived while the record was held open. Written evidence or testimony submitt d during the period the record is held open shall be limited to evidence or testim ny that rebuts previously submitted evidence or testimony. 2 E. If the hearing is continued or th r cord left open, the applicant shall also be allowed a period to a date certain er the record is closed to all other parties to submit final written arguments but o new evidence in support of the application. V. PRE-HEARING CONTACTS, BIASES, CONFLICTS OF INTERESTS A. Do any of the Commissioners have any ex-parte contacts, prior hearing observations; biases; or conflicts of interest to declare? If so, please state their nature and extent. B. Does any party wish to challenge any Commissioner based on ex-parte contacts, biases or conflicts of interest? (Hearing no challenges, I shall proceed.) (Staff Report) 3 PRELIMINARY STATEMENT FOR A DE NOVO PUBLIC HEARING BEFORE THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 1. INTRODUCTION A. This is a de novo hearing on a proposed zone change, and plan amendment that includes a goal exception to Statewide Planning Goal 14. The County File Numbers are PA-10-3 and ZC-10-2. B. In those applications, the applicant requested approval of a plan amendment, zone change and goal exceptions to change the designation of the subject property from Agricultural Land to Rural Industrial and to rezone the subject property from Exclusive Farm Use to Rural Industrial with an Limited Use Combining Zone allowing the storage, crushing, processing, sale and distribution of minerals in conjunction with the applicants' operations on adjacent land. C. These applications were previously considered by the Hearings Officer after a public hearing was held on May 11 and June 8, 2010. Evidence and testimony were received at that hearing. The Hearings Officer recommended the Board approve the exception to Goal 14, with specified conditions of approval. D. The Board takes notice of the record below and includes that record as part of the record before us. II. BURDEN OF PROOF AND APPLICABLE CRITERIA A. The applicants have the burden of proving that they are entitled to the proposal sought. B. The standards applicable to the application before us are listed in the Hearings Officer's decision. Copies of this decision are available by the door. C. Testimony and evidence at this hearing must be directed toward the criteria, as well as toward any other criteria in the comprehensive land use plan of the County or land use regulations which any person believes apply to this decision. D. Failure on the part of any person to raise an issue with sufficient specificity to afford the Board of County Commissioners and parties to this proceeding an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals on that issue. Additionally, failure of the applicant to raise constitutional or other issues relating to the approval with sufficient specificity to allow the Board to respond to the issue precludes an action for damages in circuit court. III. HEARINGS PROCEDURE A. Evidence to be reviewed by the Board. 1 E. If the hearing is continued or the record left open, the applicant shall also be allowed a period to a date certain after the record is closed to all other parties to submit final written arguments but no new evidence in support of the application. V. PRE-HEARING CONTACTS, BIASES, CONFLICTS OF INTERESTS A. Do any of the Commissioners have any ex-parte contacts, prior hearing observations; biases; or conflicts of interest to declare? 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