2011-2829-Minutes for Meeting May 23,2011 Recorded 6/6/2011COUNTY P1
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COMMISSIONERS' JOURNAL
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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.ory,
MINUTES OF BUSINESS MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
MONDAY, MAY 23, 2011
Commissioners' Hearing Room - Administration Building- 1300 NW Wall St., Bend
Present were Commissioners Tammy Baney, Alan Unger and Anthony DeBone.
Also present were Dave Kanner, County Administrator; Laurie Craghead, County
Counsel; Tom Anderson, Nick Lelack, George Read, Peter Gutowsky, Will Groves,
Peter Russell and Paul Bliksad, Community Development; and six other citizens.
Chair Baney opened the meeting at 10: 05 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. 2011-009, Creating Zoning Regulations for Small Wind
Energy Systems.
Chair Baney read the preliminary statement for the hearing.
In regard to conflicts of interest, none were disclosed by the Commissioners.
No challenges from the public were offered.
Peter Gutowsky gave a brief overview of the amendments, which were
unanimously supported by the Planning Commission.
Commissioner DeBone asked if the wording was suggested by the Planning
Commission. Mr. Gutowsky said they gave parameters, and the wording was
developed with County Counsel. The Planning Commission reviewed the final
documentation and recommends the Board accept.
Minutes of Board of Commissioners' Business Meeting Monday, May 23, 2011
Page 1 of 9 Pages
Commissioner DeBone asked if someone wants to develop something other
than the specific equipment listed, what would happen. Mr. Gutowsky said that
the listed equipment is tested and approved. If someone developed something
that is not certified, it may be an issue with the County or the utility company.
Commissioner DeBone stated that someone could coordinate this with a utility
company, and the County should not stand in the way. Mr. Gutowsky said that
the Board can choose to have language that does not require certification by the
Oregon Department of Energy or an independent entity (the American Wind
Energy Association) that oversees these types of systems.
Nick Lelack stated that when a building permit is applied for, the system will be
checked to see if it is certified. Laurie Craghead said that she said there is a
reason for certification, to make sure of the intent of the equipment and to make
sure it is a wind turbine.
Commissioner Unger said that under the height limit, people can already try to
develop something different. After they have something viable, they will likely
go with an acceptable system.
Commissioner DeBone asked if it can be used for just pumping water. Mr.
Gutowsky said this is for wind energy purposes, not necessarily just for that
purpose.
Chair Baney opened the hearing to public testimony at this point.
Paul Dewey, representing Central Oregon LandWatch, said that they are
supportive of this type of energy but are concerned about impacts on neighbors,
due to past experience with sound issues and towers. He would like to see
compatibility in the Code that will help the landowner but does not get into the
views of the mountains, or create decibels that are too high. There should be a
way to place it where it does not impact the neighbors.
Mr. Gutowsky said that there might be a scattering of taller structures in the
eastern part of the County, but most are going to be 80 to 120 feet maximum.
The cost is of taller structures is significant. One of the challenges is to fast-
track this due to demand. The up-front cost is high. The Planning Commission
had very little public input but set a site plan review for those that generate over
15 kW. Larger ones are not cost effective in this area.
Minutes of Board of Commissioners' Business Meeting Monday, May 23, 2011
Page 2 of 9 Pages
Mark Patt of Evergreen Energy of Oregon also represents the California
Association, which uses the same standards for off and on-grid. The question is
whether a new system will be connected to the grid. This is addressed by the
utility company. Wind and noise testing is required, and anything new will be
expensive to develop. The requirements are very specific.
He asked about those systems that might be attached to a building. He thinks
that there also needs to be a public hearing for specific locations because it is
controversial. A big concern is the potential for wind noise, but the level is less
than the sound of people having a conversation.
Commissioner DeBone said that he is still concerned why the County should
legislate against people who want to try to develop their own type of power
generation.
Mr., Patt said the safety of the system is important to the utility companies and
the County.
Mr. Gutowsky said that the County's work is fee supported, so there has to be
some allowance for discretion.
Chair Baney asked for further suggestions to be submitted in writing.
Commissioner Unger is supportive of the idea of a periodic review to track how
it is going for a year or two. Mr. Lelack said that they could put those on the
work plan and review what is happening on a regular basis.
Commissioner DeBone will list his concerns for a work session discussion.
The hearing was continued to June 27, 2011 at 10 AM.
3. Before the Board was a Public Hearing and Consideration of First Reading
of Ordinance No. 2011-001, Modifying the Comprehensive Plan Map
regarding Areas Eligible for the Destination Resort Overlay.
Chair Baney read the preliminary statement for the hearing.
In regard to conflicts of interest, none were disclosed by the Commissioners.
No challenges from the public were offered.
Minutes of Board of Commissioners' Business Meeting Monday, May 23, 2011
Page 3 of 9 Pages
Mr. Gutowsky provided a brief overview of the item, including both Ordinances
2011-001 and 2011-002. He referred to oversized maps showing 112,000 acres
that were eligible for destination resort siting in the past. Formal changes to the
map would have over 91,000 acres removed from the map since they are
disqualified due to changes to Code the Board made last year. There are over
17,000 acres still eligible. 3,187 acres were carried over from the previous map,
known as `grandfathering'.
Over 30,000 forms were sent out with tax statements, resulting in some requests
to have the property remain. Pine Forest Development LLC, Belveron Partners
LLC, Vandevert Road, LLC, and Delashmutt were some of the applicants to
add land to existing land that is qualified. However, some of this land does not
meet eligibility criterion. The total added amount is 22,002 acres. These
changes in total result in an 80% reduction in the eligible lands map, which is
more realistic.
Commissioner Unger said you have to have a resort map to know which
properties are qualified. Then there is a siting process. He asked about
approval time. He asked if a development is already approved, does this impact
it. Mr. Gutowsky said the rules in effect at the time of a decision bind a permit,
unless it expires.
Ms. Craghead said the question is, how long a remand can sit there. Other than
a remand, there is a two-year limitation on the final master plan.
Steve Hultberg with Ball Janik, representing Pine Forest Development, talked
about a transportation issue out of Klamath County, that may need additional
analysis and that may be able to provide specific findings that were raised in
that case. He needs perhaps thirty days to review and suggest changes. He
indicated he will help draft those findings.
Under the transportation planning rule, he feels what is there does address this
but this recent case may bring up some concerns.
Liz Fancher, representing Belveron, asked for an additional thirty days to
address this same question.
Paul Dewey, representing Central Oregon Landwatch, said he would like to
testify after the changes are made. He has some Goal 5 issues to bring up in
particular.
The hearing on Ordinance No. 2011-001 was continued to June 27, 2011.
Minutes of Board of Commissioners' Business Meeting Monday, May 23, 2011
Page 4 of 9 Pages
4. Before the Board was a Public Hearing and Consideration of First
Reading, by Title Only, of Ordinance No. 2011-002, Modifying the Zoning
Map regarding Areas Eligible for the Destination Resort Overlay.
The hearing on Ordinances 2011-002 was continued to June 27, 2011.
5. Before the Board was Consideration of First Reading, by Title Only, of
Ordinance No. 2011-014, Amending Code to Change Comprehensive Plan
Designation of Certain Property from Surface Mining and Agricultural to
Rural Residential Exception Area.
Will Groves said that the Daniels Group LLC has made this proposal. The
application was approved in December 2008, resulting in immediate rezoning
of the east area of the site. The west area was to be considered upon a request
to rezone.
The applicant had some delays and finally is able to provide the necessary
information. No conditions need to be met for the east area. The west area was
not included with those documents. The information has now been provided.
The legal description was changed to match the maps.
Mr. Groves provided an overview of the affected areas, and some of the history
of the site.
Commissioner Unger said that the Board was trying to create incentive by
allowing some changes so that the bigger area could be addressed. Mr. Groves
replied that the Board felt the east area should be rezoned after the appropriate
documents were provided. The east area was felt to be ready for human
habitation. The west portion has some unknowns and certain requirements are
necessary before that portion could be rezoned.
Commissioner Unger stated that there are environmental issues in that area and
even the approved area will be impacted by those problems. The County has
little control over the environmental issues there. Mr. Groves said that the
applicant ultimately wants to redevelop the entire property. In order to achieve
financial to begin the site evaluation and restoration of the larger piece, part of
the property needs to be rezoned so that they can begin. The rezoning does not
allow immediate development, but does allow access to financing.
Minutes of Board of Commissioners' Business Meeting Monday, May 23, 2011
Page 5 of 9 Pages
Ms. Craghead said that if the Board approves the wording, the Ordinance needs
to be ratified. Commissioner Unger wondered if the larger parcel will ever be
improved. However, the decision has already been made. Ms. Craghead
reminded that this information is all in the existing record.
Commissioner Unger asked about the zoning along the west side of the
Deschutes River. Mr. Groves stated that it is designated as flood plain, and this
zoning would be changed at this point. It is an unintended consequence.
Commissioner Unger stated that there were some issues with the north end and
the rim. Mr. Groves said that there is some land that was not part of the mining
site. The combination of the flood plain and setbacks from the Deschutes River
make it undevelopable. There are references in the decision that prohibit
development beneath the rim.
The first reading will scheduled for June 13, 2011.
6. Before the Board was Consideration of First Reading, by Title Only, of
Ordinance No. 2011-015, Amending Code to Change Zoning Designation of
Certain Property from Surface Mining and Exclusive Farm Use to Rural
Residential.
The first reading will scheduled for June 13, 2011.
7. Before the Board was Consideration of First Reading, by Title Only, of
Ordinance No. 2011-005, Amending Code, Creating Transportation and
Land Use Policies for Deschutes Junction.
Peter Russell provided a brief overview of the item, which includes initiating a
master plan for the area.
Commissioner DeBone asked about adding a date back in, a master plan needed
by 2015. He does not want limitations but some would like to see a date
specified. Mr. Russell stated that this could go on the work plan, but staff needs
to know what the master plan area might be.
Ms. Craghead said that if there is not funding available or if it can't be done by
2015, the County would be violating the comprehensive plan.
Mr. Lelack said that they need to know if it is to be initiated by 2015 or
finalized by then. If it has to be finalized, a lot more work needs to be done and
much sooner.
Minutes of Board of Commissioners' Business Meeting Monday, May 23, 2011
Page 6 of 9 Pages
Commissioner Unger stated that he spoke with ODOT about this area, and it
appears there is no language submitted by ODOT. They will only provide
comments if the zoning is known so they can see how the interchange
functions.
Mr. Russell said ODOT will respond to a specific proposal. They fell it is a
rural interchange and designed for rural uses. If this changes, the transportation
planning rule needs to be changed.
Chair Baney thinks that the language needs to be less specific and not an actual
date. Things might happen earlier or very much later. No one knows what will
happen with Juniper Ridge, Cooley Road or expansion on the south side of
Redmond. Commissioner DeBone said that something specific needs to be said
so that it just doesn't get ignored.
Mr. Lelack stated they will be putting forth a comprehensive plan update over
the next twenty years, so much will happen anyway.
Ms. Craghead the Board can indicate, "When the Board deems it is
appropriate". This is implicit in all documents.
Commissioner Unger stated that he was not a part of the hearing process, so
will need to abstain from voting.
DEBONE: Move first reading of Ordinance No. 2011-005.
BANEY: Second.
VOTE: DEBONE: Yes.
UNGER: Abstain.
BANEY: Chair votes yes.
Chair Baney did the first reading at this time. The second reading will be
scheduled no sooner than two weeks from today.
Commissioner Unger asked about the status of the pink building. Tom
Anderson said that it is within a landscape management zone, but the ability to
regulate the color of the building would only be triggered by a land use action.
Commissioner Unger said that seems to allow people to do what they want.
Mr. Anderson stated that the County has no control of this even if a formal
complaint is made.
Ms. Craghead added that this is a non-confirming use and the County would
have to prove that the color has an adverse impact on the area.
Minutes of Board of Commissioners' Business Meeting Monday, May 23, 2011
Page 7 of 9 Pages
8. Before the Board was Consideration of Board Signature of Order No.
2011-013, Setting a Date for the Latham Mine Remand Hearing and
Hearing Procedures.
Paul Blikstad explained the item. The applications were a conditional use on
property off Johnson Road northeast of Bend. There have been a series of
appeals, and LUBA remanded some back to the County. Some issues will
require new evidence so the hearing should be de novo.
There are two parties directly involved, but there might be a few other parties
interested. Commissioner Unger said that it needs to stay focused to the
remand issues. Mr. Blikstad indicated that a work session is scheduled for June
8 to review this information.
UNGER: Move approval of Order No. 2011-013, specifying a hearing date of
June 13, 2011 at 10:00 a.m.
DEBONE: Second.
VOTE: DEBONE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
9. ADDITIONS TO THE AGENDA
Mr. Kanner advised that LPSCC (Local Public Safety Coordinating Council)
needs a couple of citizens appointed to the group. The retired director of the
Oregon Department of Corrections is interested. Chair Baney asked about
doing a public process, with applications and interviews.
There are ex-officio members but the group needs to include at least three
citizen members. Chair Baney would like to appoint Shelly Smith of the KIDS
Center in any case, and there are several representatives of several other groups
who attend a lot of the meetings and would like to take a more active part.
Being no further discussion, the meeting concluded at 11: 45 a. m.
Minutes of Board of Commissioners' Business Meeting Monday, May 23, 2011
Page 8 of 9 Pages
DATED this / Day of 2011 for the
Deschutes County Board of Commissioners
Tammy Baney, Chair
Anthony DeBone, Vice Chair
ATTEST: C Gc C/(~
Alan Unger, Commissioner
Recording Secretary
Minutes of Board of Commissioners' Business Meeting Monday, May 23, 2011
Page 9 of 9 Pages
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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
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., MONDAY, MAY 239 2011
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 and Consideration of First Reading of Ordinance No.
2011-009, Creating Zoning Regulations for Small Wind Energy Systems -
Peter Gutowsky, Community Development
Suggested Motion: Conduct First Reading by Title Only of Ordinance No.
2011-009, Creating Zoning Regulations for Small Wind Energy Systems.
3. A PUBLIC HEARING and Consideration of First Reading of Ordinance No.
2011-001, Modifying the Zoning Map regarding Areas Eligible for the
Destination Resort Overlay - Peter Gutowsky, Community Development
Suggested Motion: Conduct First Reading by Title Only of Ordinance No.
2011-001, Modifying the Zoning Map for Destination Resort Overlay.
4. A PUBLIC HEARING and Consideration of First Reading, by Title Only, of
Ordinance No. 2011-002, Modifying the Comprehensive Plan Map regarding
Areas Eligible for the Destination Resort Overlay - Peter Gutowkky,
Community Development
Board of Commissioners' Business Meeting Agenda Monday, May 23, 2011
Page 1 of 7 Pages
Suggested Motion: Conduct First Reading by Title Only of Ordinance No.
2011-002, Modifying the Comprehensive Plan Map for Destination Resort
Overlay.
5. CONSIDERATION of First Reading, by Title Only, of Ordinance No. 2011-
014, Amending Code to Change Comprehensive Plan Designation of Certain
Property from Surface Mining and Agricultural to Rural Residential Exception
Area - Will Grove, Community Development
Suggested Motion: Conduct First Reading by Title Only of Ordinance No.
2011-014, Amending Code in regard to Property Designation from Surface
Mining and Agricultural to Rural Residential Exception Area
6. CONSIDERATION of First Reading, by Title Only, of Ordinance No. 2011-
015, Amending Code to Change Zoning Designation of Certain Property from
Surface Mining and Exclusive Farm Use to Rural Residential - Will Groves,
Community Development
Suggested Motion: Conduct First Reading by Title Only of Ordinance No.
2011-015, Amending Code in regard to Property Designation from Surface
Mining and EFU to Rural Residential.
7. CONSIDERATION of First Reading, by Title Only, of Ordinance No. 2011-
005, Amending Code, Creating Transportation and Land Use Policies for
Deschutes Junction - Peter Russell, Community Development
Suggested Motion: Conduct First Reading by Title Only of Ordinance No.
2011-005, Amending Code to Create Transportation and Land Use Policies for
Deschutes Junction.
8. CONSIDERATION of Board Signature of Order No. 2011-013, Setting a
Date for the Latham Mine Remand Hearing and Hearing Procedures - Paul
Blikstad, Community Development
Suggested Motion: Approve Signature of Order No. 2011-013, Setting a Date
for the Latham Mine Remand Hearing.
Board of Commissioners' Business Meeting Agenda Monday, May 23, 2011
Page 2 of 7 Pages
9. ADDITIONS TO THE AGENDA
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), litigation;
ORS 192.660(2)(d), labor negotiations; or ORS 192.660(2) (b), personnel issues.
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 M.
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. Ifyou have questions
regarding a meeting, please call 388-6572)
Wednesday, May 25
7:30 a.m. Legislative Update (conference call)
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, May 30
Most County Offices will be closed to observe Memorial Day
Tuesday, May
6:00 p.m. Board of Commissioners' Public Hearing on Proposed Comprehensive Plan Update
Wednesday, June 1
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, June 2
10:00 a.m. Children & Families' Commission Retreat/Work Session, at Bend Park &
Recreation Office
Board of Commissioners' Business Meeting Agenda Monday, May 23, 2011
Page 3 of 7 Pages
Monday, June 6
3:30 p.m. Public Safety Coordinating Council Meeting
Wednesday, June 8
7:30 a.m. Legislative Update (conference call)
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, June 13
10:00 a.m. Board of Commissioners' Meeting
Wednesday, June 15
10:30 a.m. Oregon Youth Challenge Graduation - Fairgrounds, Redmond
1:30 p.m. Administrative Work Session - could include executive session(s)
Friday, June 17
7:30 a.m. Chamber of Commerce Town Hall Breakfast - State of the County - Bend Golf &
Country Club
Wednesday, June 22
7:30 a.m. Legislative Update (conference call)
10:00 a.m. Board of Commissioners' Meeting - includes budget adoption
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, June 27
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, June 29
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, May 23, 2011
Page 4 of 7 Pages
Monday, July 4
Most County Offices will be closed to observe Independence Day
Wednesday, July 6
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. Regular Meeting with Sisters City Councilors - Sisters City Hall
Monday, July 11
3:30 p.m. Public Safety Coordinating Council Meeting
Wednesday, July 13
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, July 14
7:00 a.m. Regular Meeting with the City of Redmond Council, Redmond City Hall
Friday, July 15 - Tuesday, July 19
National Association of Counties Conference, Portland
Wednesday, July 20
1:30 p.m. 1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, July 21
4:00 p.m. Bend Metropolitan Planning Organization Meeting
Monday, July 25
10:00 a.m. Board of Commissioners' Meeting
Board of Commissioners' Business Meeting Agenda Monday, May 23, 2011
Page 5 of 7 Pages
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, July 27
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, August I
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
3:30 p.m. Public Safety Coordinating Council Meeting
Wednesday, August 3
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, August 8 - Tuesday, August 9
Association of Oregon Counties Regional Summit - Silverton
Wednesday, August 10
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, August 15
10:00 a.m. Board of Commissioners' Meeting
12 noon Commissioners' Meting with Department Heads
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, August 17
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, August 18
4:00 p.m. Bend Metropolitan Planning Organization Meeting
Board of Commissioners' Business Meeting Agenda Monday, May 23, 2011
Page 6 of 7 Pages
Monday, August 22
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, August 24
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, August 29
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, August 31
10:00 a.m.
1:30 p.m.
Board of Commissioners' Meeting
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, May 23, 2011
Page 7 of 7 Pages