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2014-405-Minutes for Meeting July 07,2014 Recorded 8/12/2014 DESCHUTES NANCY BLANKENSHIP,F RECORDS COUNTY CLERK CJ X014.405 COMMISSIONERS ' JOURNAL 0811Z12014 08;00;00 AM liii I II I IIIII 111111 II 1111111 III 2014-405 c e 02 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, JULY 7, 2014 Commissioners'Hearing Room-Administration Building- 1300 NW Wall St.,Bend Present were Commissioners Tammy Baney, Anthony DeBone and Alan Unger. Also present were David Doyle and Laurie Craghead, County Counsel; Kevin Harrison, Peter Gutowsky and Paul Blikstad, Community Development; and six other citizens. Chair Baney opened the meeting at 10:00 a.m. 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT None was offered. 3. Before the Board was Consideration of Board Approval and Signature of Document No. 2014-376, Findings and Decision on an Application for a Plan Amendment and Zone Change from Exclusive Farm Use to Multiple Use Agricultural (Newland Property). Minutes of Board of Commissioners' Business Meeting Monday, July 7, 2014 Page 1 of 15 Mr. Blikstad said deliberations took place on April 28, and he was directed to revise some of the language. The Board voted two to one to uphold the Hearings Officer's denial of the application. He gave an overview of the changes. On page 2, paragraph 1, `capable' was amended to `suitable for'. On page 3, paragraph 1, a parenthesis and a 0 were removed. On page 3, third paragraph from the bottom, the underline was eliminated. On page 5, the first full paragraph, the word was changed to 'practices'. On page 5, last paragraph, a footnote was listed but there was no footnote language, so it was removed. On page 7, the font size was changed on `concur with findings'. The signature date was changed to July. None of these changes were substantive. Commissioner Unger noted that the document substantially reflects their decision. Commissioner DeBone said he won't support it, he still has a vision of agricultural uses being for profit, and this does not have profitability. Commissioner Unger stated that this could apply to many parcels and would not be a narrow ruling. It needs to be considered in the bigger context. Commissioner DeBone uestion ed the last sentence regarding this being more of a rural lifestyle choice than making a living. Ms. Craghead will make sure it is edited. Chair Baney asked for one more legal review, and bring back the document to the July 9 business meeting for final approval. 4. Before the Board was a Continuation of Deliberations on the Appeal of the Hearings Officer's Decision on Application No. A-13-8, regarding Whether the Conceptual Master Plan Approval for Thornburgh Destination Resort Has Been Initiated. Kevin Harrison gave an overview and stated that at the last discussion on this issue, the Board went condition by condition, ending with #5. The decision matrix is color coded, using the conditions of approval as a guide, and referencing the Hearings Officer's decision. Minutes of Board of Commissioners' Business Meeting Monday, July 7, 2014 Page 2 of 15 Ms. Craghead brought up some corrections regarding the applicant's position. They agree they did not complete or did not substantially comply with requirements, but felt they did not have to, going back to the original Hearings Officer's decision. Commissioner Unger said he re-read the first Hearings Officer's decision and substantially agrees with it. Mr. Harrison stated that they finished with #5. Items #6 is easements and rights of way on the final plat. DEBONE: Move that item #6 was not exercised. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. DEBONE: Move that item #6 was not substantially exercised. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. DEBONE: Move that since it was not exercised or substantially exercised, and is a contingent obligation, the applicant is not at fault. UNGER: Second; this would be obtained at final plat. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes no. (Split vote.) The Board addressed #7, road names reviewed and approved by the Road Department. DEBONE: Move that item #7 was not exercised. UNGER: Second. Minutes of Board of Commissioners' Business Meeting Monday, July 7, 2014 Page 3 of 15 VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. DEBONE: Move that item #7 was not substantially exercised. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. DEBONE: Move that since it was not exercised or substantially exercised, and is a contingent obligation, the applicant is not at fault. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes no. (Split vote.) In regard to item #12, which is commercial, cultural and entertainment uses relating to visitors to the resort, the following action was taken. DEBONE: Move that item #12 was not exercised. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. DEBONE: Move that item #12 was not substantially exercised. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Monday, July 7, 2014 Page 4 of 15 DEBONE: Move that since it was not exercised or substantially exercised, and is a contingent obligation, the applicant is not at fault. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes no. (Split vote.) DEBONE: Move that item #14, including C and D, was not exercised. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. DEBONE: Move that item #14 was not substantially exercised. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. DEBONE: Move that the applicant is not at fault. UNGER: Second; this would be obtained at final p lat. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes no. (Split vote.) Item #15 relates to temporary structures at the resort site during development. DEBONE: Move that item #15 was not exercised. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Monday, July 7, 2014 Page 5 of 15 DEBONE: Move that item #15 was not substantially exercised. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. DEBONE: Move that since it was not exercised or substantially exercised, and is a contingent obligation, the applicant is not at fault. UNGER: Second; this would be obtained at final plat. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes no. (Split vote.) Fire protection requirements for ingress and egress are in item #17. DEBONE: Move that item #17 was not exercised. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. DEBONE: Move that item #17 was not substantially exercised. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. DEBONE: Move that since it was not exercised or substantially exercised, and is a contingent obligation, the applicant is not at fault. UNGER: Second; this would be obtained at final plat. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes no. (Split vote.) Minutes of Board of Commissioners' Business Meeting Monday, July 7, 2014 Page 6 of 15 Item #18 relates to no building on slopes greater than 25% at the site, when development occurs. DEBONE: Move that item #18 was not exercised. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. DEBONE: Move that item #18 was not substantially exercised. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. DEBONE: Move that the applicant is not at fault. This occurs at actual development. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. Item #20 has to do with cumulative density. DEBONE: Move that item #20 was not exercised. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. DEBONE: Move that item #20 was not substantially exercised. UNGER: Second. Minutes of Board of Commissioners' Business Meeting Monday, July 7, 2014 Page 7 of 15 VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. DEBONE: Move that the applicant is not at fault. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes no. (Split vote.) Mr. Harrison read the clause relating to #21, construction of the phases. DEBONE: Move that item #21 was not exercised. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. DEBONE: Move that item #21 was not substantially exercised. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. DEBONE: Move that the applicant is not at fault. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes no. (Split vote.) Item #25 relates to the erosion control plan. DEBONE: Move that item #25 was not exercised. UNGER: Second. Minutes of Board of Commissioners' Business Meeting Monday, July 7, 2014 Page 8 of 15 VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. DEBONE: Move that item #25 was not substantially exercised. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. DEBONE: Move the applicant is not at fault. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes no. (Split vote.) Mr. Harrison read the clause relating to item #26, lot size, width and setbacks. DEBONE: Move that item #26 was not exercised. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. DEBONE: Move that item #26 was not substantially exercised. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. DEBONE: Move that the applicant is not at fault. UNGER: Second. Minutes of Board of Commissioners' Business Meeting Monday, July 7, 2014 Page 9 of 15 VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes no. (Split vote.) Item #27 was in regard to road widths. DEBONE: Move that item #27 was not exercised. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. DEBONE: Move that item #27 was not substantially exercised. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. DEBONE: Move that the applicant is not at fault. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes no. (Split vote.) Regarding #28, the MOU with the BLM and related mitigation, Commissioner Unger said this is a contingent obligation. Commissioner DeBone stated the existing MOU was dated September 28, 2005; he asked if this was the final document. Mr. Harrison said this condition refers to the document during development. Ms. Craghead added that it was on appeal during the FMP process and was remanded. This is an ongoing obligation. DEBONE: Move that item #28 was not exercised. UNGER: Second. Minutes of Board of Commissioners' Business Meeting Monday, July 7, 2014 Page 10 of 15 VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. DEBONE: Move that item #28 was not substantially exercised. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. DEBONE: Move that the applicant is not at fault. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes no. (Split vote.) Item #29 has to do with abiding by the MOU with ODOT. Chair Baney asked if this was the guiding document from 2005 and if that is the standard. Mr. Harrison said that it would be triggered by impacts to State roadways. It is an agreement with the BLM, ODOT and the developer regarding mitigation measures that trigger as development occurs. They are bound by the standards of the 2005 agreement. DEBONE: Move that item #29 was not exercised. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. DEBONE: Move that item #29 was not substantially exercised. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Monday, July 7, 2014 Page 11 of 15 DEBONE: Move that the applicant is not at fault. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes no. (Split vote.) Exterior lighting is covered by item #31. DEBONE: Move that item #31 was not exercised. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. DEBONE: Move that item #31 was not substantially exercised. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. DEBONE: Move the applicant is not at fault. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes no. (Split vote.) Item #32 relates to visitor-oriented facilities. These are under A, B, C in Code, to physically provide or secure upon the closure of sales, rental or lease. DEBONE: Move that item #32 was not exercised. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Monday, July 7, 2014 Page 12 of 15 DEBONE: Move that item #32 was not substantially exercised. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. DEBONE: Move that the applicant is not at fault. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes no. (Split vote.) Open space restoration is #34; this does not apply to improved areas. DEBONE: Move that item #34 was not exercised. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. DEBONE: Move that item #34 was not substantially exercised. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. DEBONE: Move that the applicant is not at fault. UNGER: Second; this would be obtained at final plat. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes no. (Split vote.) Minutes of Board of Commissioners' Business Meeting Monday, July 7, 2014 Page 13 of 15 Item #35 covers contracts with owners regarding overnight lodging. DEBONE: Move that item #35 was not exercised. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. DEBONE: Move that item #35 was not substantially exercised. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. DEBONE: Move that the applicant is not at fault. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes no. (Split vote.) Commissioner DeBone said these are all very specific, with the same logic for all. Ms. Craghead asked if they did adopt the Hearings Officer's findings for the conditions shown in green and blue. Chair Baney asked if this was the first decision. Dave Doyle said that there were separate determinations of the Hearings Officer's decision points. Ms. Craghead stated that these were not relevant per the Hearings Officer; they did not have to be considered as contingent obligations. They made a different decision as the Hearings Officer, but the result is the same, the CMP was initiated. It is just from a different direction. Commissioner DeBone noted that it is the same conclusion through a different path. Commissioner Unger added that he substantially agrees with the first Hearings Officer decision, and feels it was the right logic. Minutes of Board of Commissioners' Business Meeting Monday, July 7, 2014 Page 14 of 15 Chair Baney said she doesn't disagree with the first decision, but does not agree with the applicant's reasons as to why they could not have filed for an extension. They could have done this for a period of time, but from either nine months or one and one-half years, they did not do this. It expired and they did not file for remand. In her opinion, the developers were not moving forward in good faith. She feels this sets the bar extremely low. UNGER: Move that the CMP was initiated within the proper timeframe. DEBONE: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes no. (Split vote.) Staff will prepare the final decision for the Board's consideration. 5. ADDITIONS TO THE AGENDA None were offered. Being no other items brought before the Board, the meeting adjourned at 10:45 a.m. DATED this 7,2 Day of 2014 for the Deschutes County Board of Commissioner . L _Alt Tammy Baney, Chaif) dA7i-OZ1/001-- Anthony DeBone, Vice Chair ATTEST: Alan Unger, Commissioner Recording Secretary Minutes of Board of Commissioners' Business Meeting Monday, July 7, 2014 Page 15 of 15 o y u I; as 'Z..: t : u ' a Q A❑ . w >: - p y � H d Uy o U4.i E Oa � Oo Wby 5 aG e no j d k w a.� ° a F E � ;ct c a c c ow i 8 oU e 3 > 0UyyC= U '"'A.,x 1 Od - w� oOps oOO='U E �•w o$ y E ffie E� �. �N v c a o a .y °c y d y C a �s* Ii C 2 wS 2 d 2 O X D y C 'o c8 Y2. Y c °L L s zga y +-R• CO .o C v m V 05 0N ° G daa ! 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E .c.s m of > cgoao8 �� �'S3 4,°4 3.030wo8 ,i..3c°� a'aa:: aa o'-9>s.'°� ntc �ia VEbn3 ou `o• 0, o . [-. 3 �-26'm Reiv! avcia3ST: Fco�'vcaao g3EgE. e :-i.• g�1 0 00a) O O V x = 3 x 0 l o m _oaa, oaa, 3a1 s 8g g.5. 09 g'5F1 O d a I v r, a o WS 0 0 Fa e a a 81 . fie ii 0 . C N aa� I 1 > o x .= a E 3 ka0\) /k% e � .5 e.00 �] \ §k ( g]4 §Gaa 2$ § \a ) B:C- . ]% - 2K 2 80°Z et g j�\ A 12 2 )» \mG e , \2 I 2.f. . k\()4 .• 24w \) \ \{~ §e)+2 kK\af7 .i 2 £«2@ % . . } ƒ , � k ■ i G•J c(` 0 f (� .< Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 7 ,,,.."//Y' (541) 388-6570 -Fax (541) 385-3202 - www.deschutes.org BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., MONDAY, JULY 7, 2014 Commissioners'Hearing Room-Administration Building- 1300 NW Wall St.,Bend 1. PLEDGE OF ALLEGIANCE 2. 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. Please complete a sign-up card(provided), and give the card to the Recording Secretary. Use the microphone and clearly state your name when 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 official record of that hearing. 3. CONSIDERATION of Board Approval and Signature of Document No. 2014-376, Findings and Decision on an Application for a Plan Amendment and Zone Change from Exclusive Farm Use to Multiple Use Agricultural (Newland Property) —Paul Blikstad, Community Development Suggested Actions: Review and move signature of Document No. 2014-376. 4. CONTINUATION of Deliberations on the Appeal of the Hearings Officer's Decision on Application No. A-13-8, regarding Whether the Conceptual Master Plan Approval for Thornburgh Destination Resort Has Been Initiated—Kevin Harrison, Community Development Suggestion Actions: Deliberate;provide direction to staff. Board of Commissioners' Business Meeting Agenda Monday, July 7, 2014 Page 1 of 4 5. ADDITIONS TO THE AGENDA Deschutes County encourages persons with disabilities to participate in all programs and activities. This event/location is accessible to people with disabilities. If you need accommodations to make participation possible,please call(541) 388-6572, or send an e-mail to bonnie.baker @deschutes.org. 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; ORS 192.660(2)(b),personnel issues;or other executive session items. 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, July 7 10:00 a.m. Board of Commissioners' Business Meeting Wednesday, July 9 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Monday, July 21 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Tuesday, July 22 1:00 p.m. Employee Benefits Advisory Committee Meeting Board of Commissioners' Business Meeting Agenda Monday, July 7, 2014 Page 2 of 4 Thursday, July 24 9:00 a.m. Performance Management & Department Update—Natural Resources Management —at Road Monday, July 28 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Monday, August 4 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Tuesday, August 5 3:30 p.m. Local Public Safety Coordinating Council Meeting Wednesday, August 6 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Thursday, August 7 9:00 a.m. Performance Management & Department Update—9-1-1 County Service District Wednesday, August 13 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Monday, August 18 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Wednesday, August 20 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Board of Commissioners' Business Meeting Agenda Monday, July 7, 2014 Page 3 of 4 Monday, August 25 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Wednesday, August 27 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Thursday, August 28 9:00 a.m. Performance Management &Department Update—Sheriffs Office, Part I Tuesday, September 2 3:30 p.m. Local Public Safety Coordinating Council Meeting 5:00 p.m. County College Presentation Wednesday, September 3 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Thursday, September 4 9:00 a.m. Performance Management & Department Update—Sheriff's Office, Part II Wednesday, September 10 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) 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;ORS 192.660(2)(b),personnel issues; or other executive session items. Board of Commissioners' Business Meeting Agenda Monday, July 7, 2014 Page 4 of 4