2016-501-Minutes for Meeting October 24,2016 Recorded 11/7/2016DESCHUTES
NANCY BLANKENSHIP,FRECORDS COUNTY CLERKvu 2016401
COMMISSIONERS' JOURNAL 11/07/2016 03:46 38 PM
For Recording Stamp Only
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, OCTOBER 24, 2016
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Alan Unger, Tammy Baney and Anthony DeBone.
Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy
County Administrator; Dave Doyle, County Counsel; Nick Lelack, Peter
Gutowsky, Randy Scheid and Matt Martin, Community Development. No
representatives of the media or other citizens were in attendance.
1. CALL TO ORDER
Chair Unger called the meeting to order at 10:00 a.m.
2. PLEDGE OF ALLEGIANCE
3. CITIZEN INPUT
None was offered.
Minutes of Board of Commissioners' Business Meeting Monday, October 24, 2016
Page 1 of 6
Before the Board was Consideration of Approval of the Consent Agenda.
BANEY: Move approval except for the minutes, which have not yet been
reviewed.
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
Consent Aeenda Items
4. Board Signature of Document No. 2016-689, Amending an Intergovernmental
Agreement with the City of La Pine regarding the La Pine Industrial Park
5. Board Signature of Document No. 2016-667, a One-year Option Agreement
between Deschutes County and Ron Dziengiel regarding the Purchase of
Property in Newberry Business Park
6. Board Signature of Order No. 2016-043, Authorizing Sheriff's Office Surplus
Vehicle Sale
7. Board Signature of Minutes:
• Business Meeting of October 17, 2016
• Work Session of October 17, 2016
ACTION ITEMS
8. Before the Board were Public Hearings on Amendments related to
Agricultural Lands (Ordinance No. 2016-0005 and Ordinance No. 2016-
006):
• Define Agricultural Buildings & Equine Facilities
• Special Setback for Haner Park
• Acknowledge Existing Opportunity for Non -Resource Plan Amendments
Chair Unger opened the hearings and read the opening statement. Matt Martin
provided an overview of the Ordinances.
Regarding conflicts of interest, bias and ex parte contacts, the Commissioners
had none to disclose. Commissioner DeBone said he his property does have an
exempt agricultural building. There were no challenges from the audience.
Minutes of Board of Commissioners' Business Meeting Monday, October 24, 2016
Page 2 of 6
These amendments are an opportunity to rezone properties; this has been used
in the past, upheld by Hearings Officers, the Board and LUBA, especially in
regard to non -resource lands. No exception is necessary if a property meets the
definition of non -resource lands.
Commissioner Baney confirmed that this does not revisit the non -resource lands
legislative change efforts from a few years ago. Mr. Martin indicated these
changes are not related.
Commissioner DeBone stated that this has been successfully argued in the past
through applications from property owners. Mr. Martin confirmed that the bar
set for this is very high. Chair Unger asked what options might create
development opportunities. Mr. Martin replied that this doesn't happen on a
large scale. Most are single properties that might be made available to split or
be used differently. Justification can come in a variety of ways.
Peter Gutowsky added that this text is being added because of this being done
in the past; in particular, the DSL property east of Bend. DSL demonstrated
that they did not have to demonstrate an exception to Goal 3 because their land
was not agricultural in nature. There were other criteria to meet as well. So,
someone can try to take an exception; or an exception might not be needed if
they follow this other process. This has been done before and this codifies that
this avenue exists.
Commissioner Baney would like to non -resource lands detailed in the Work
Plan, if this is the way the Planning Commission wants to go. Chair Unger
wants to be cautious about these kinds of changes. Commissioner DeBone feels
that he is supportive if it is applicant -driven and the bar remains high.
Regarding agricultural buildings, Mr. Martin stated that the County has the
authority to allow an ag-exempt building. It is exempt of the requirement of a
building permit, but is not exempt from other permitting such as electrical and
plumbing. This has become an issue because the Oregon Uniform Building
Code included the definition of farm use. The Code changed to the
International Building Code and this language is not included. They are
working through an internal policy to determine what properties are eligible:
exclusive farm use or in farm deferral. However, there are other properties used
for farming that are, for instance, zoned MUA. This needs to be clarified.
Minutes of Board of Commissioners' Business Meeting Monday, October 24, 2016
Page 3 of 6
He read the language to be included. Buildings need to be involved in farm use
and located on the same parcel. Commissioner DeBone asked what is required
if a building is used for farm use but is not tax deferred. Mr. Martin said it
would be an accessory structure that requires a permit.
Mr. Martin spoke about the Haner Park issues. It was first developed in the
1950's and the current forest use zoning has become problematic for use of the
property, as the setbacks are higher than normal for a residential development.
A variance is cost -prohibitive and uncertain. This does not streamline the
development of a single family dwelling, but would allow for accessory
buildings. A setback exception for the rear and side yard property lines is being
proposed for interior lots. Properties located next to the Forest Service still
require the higher setback.
The language is explicit to Haner Park. It does not apply to other
developments.
Chair Unger suggested they close the oral hearing but leave the written open for
comment. Commissioner Baney indicated that there did not seem to be much
interest at the Planning Commission hearings on these. Mr. Martin said that
some comments from residents of Haner Park are in the record.
The written record will be left open until October 27, 2016 at 5:00 p.m., and the
items will be addressed again on Monday, October 31, 2016.
CONVENED AS THE GOVERNING BODY OF THE SUNRIVER
SERVICE DISTRICT
9. Before the Board was Consideration of Board Signature of Letters
Reappointing Bob Wrightson and Jim Wilson to the Sunriver Service
District Budget Committee.
BANEY: Move approval.
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Monday, October 24, 2016
Page 4 of 6
10. Before the Board was Consideration of Board Signature of a Letter
Appointing Jim Fister to the Sunriver Service District Board, through
August 31, 2017.
BANEY: Move approval.
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
11. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District in the Amount of
$107,114.15 (two weeks).
BANEY: Move approval, subject to review.
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-H
COUNTY SERVICE DISTRICT
12. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-H County Service District in the
Amount of $3,177.40 (two weeks).
BANEY: Move approval, subject to review.
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Monday, October 24, 2016
Page 5 of 6
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
13. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County in the Amount of $1,932,294.40
(two weeks).
Tom Anderson stated that this includes a release to Pronghorn, a new
administrator and stock associated with the DOC pharmacy, and a progress
payment on the new Finance system.
BANEY: Move approval, subject to review.
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
14. OTHER ITEMS
Being no further items addressed, the meeting was adjourned at 10:35 a.m.
DATED this rn---- Day of 02016 for the
Deschutes County Board of Commissioners.
ATTEST:
Recording Secretary
u,,,, gAJL_
Alan Unger, Chair
Tammy Baney, V Chair
govIcifc---
Anthony DeBone, Commissioner
Minutes of Board of Commissioners' Business Meeting Monday, October 24, 2016
Page 6 of 6
PRELIMINARY STATEMENT FOR A
LEGISLATIVE PUBLIC HEARING BEFORE
THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
• The applicants have the burden of proving that they are entitled to the approval
requested.
• Testimony and evidence at this hearing must be directed toward the approval
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.
• 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.
• The Board's decision on this application will be based upon the record and the
Staff Report and the testimony and evidence presented at this hearing.
• The hearing will be conducted in the following order.
1. The staffwill give a report.
2. The applicant presents testimony and evidence.
3. Proponents and opponents testify and present evidence.
4. The applicant presents rebuttal testimony.
5. At the Board's discretion, if the applicants presented new evidence on
rebuttal, opponents may be recognized for a rebuttal presentation.
6. Staff will be afforded an opportunity to make any closing comments.
The Board may limit the time period for presentations.
If anyone wishes to ask a question of a witness, the person may direct the
question to the Chair. The Chair is free to decide whether or not to ask such
questions of the witness.
• The grant of a continuance or record extension shall be at the discretion of the
Board.
• If the Board grants a continuance, it shall continue the public hearing to a date
certain.
File Nos: 347-16-000021-T4
247'16 -000022 -RA
Applicant: Deschutes County
The Board of County Commissioner's decision on
these applications will be based upon the record, the
staff report, and the testmony and evidence
presented at this hearing.
The hebe following order:
Staff
The applicant will preserit its testimony and evidence.
Opponents and proponents will testify and present evidence.
Other interested persons wiTi then present testimony or
evidence.
The applicant presents rebuttal testimony.
Staff will be afforded an opportunity to make any closing
comments.
10/24/2016
1
In 2014, the Board of County Commissioners (Board) directed the
Community Development Department to conduct a public
outreach campaign to explore if changes to the county resource
lands program were available or warranted. Process Included:
•Planning Commission Work Sessions
•Community Conversations
• Board/Planning Commission Joint Work Sessions
• Comprehensive Plan Amendments
Section 2.2 —Agricultural Lands
Section 3.3 — Rural Housing
• Agricultural Building and; Equine Facilities
Section 18.04.030— Definitions
• Haner Park Setback Exception
Section 18.40.100 — Forest Use (F-2) Zone, Yards and Setbacks
10/24/2016
2
Comprehensive Plan Chapter 2—Resource Management
Section 2^2—Agricultural Lands
' -
Proposedonoendnnent recognizesofexsdngopportunitvto
change p
desi8nad efinition of
resource land (agricultural/forest).
° Decisions of the Hearings Officers, the Board, and LUBA have
affirmed this process.
°
0��
Comprehensive PIan Chapter 2 — Resource Management
Section 2.2 — Agricultural Lands
Po|icyZ2.3 AlIow comprehensive plan and zoning map
amendments, ethatqua|ifvasnon-
resource
}a dfor individual EFU parcels as allowed by State Statute,
Oregon Administrative Rules and this Comprehensive PIan.
10/24/2016
3
Comprehensive PIan Chapter 3 — Rural Growth Management
Section 3.3 — Rural Housing
" Proposed amendment recognizes existing opportunity to
redesignate property
exception to the statewide land use goals if it does not meet the
definition of resource land (agricultural/forest)
• Current Ianguage states only opportunity is through a goal
exception.
Comprehensive PIan Chapter 3 — Rural Growth Management •
6ection 3.3 — Rural Housing
Rural Residential Exception Areas - ...As of 2010 any new Rural
Residential Exception ed.to bejustified thnou8h
in�iatin�a non
demonstmtinRthe property doesnot meetthe deMnitiono�
aghcu|ura|orforest|an6.ortaking exceptions tofarm, forest,
public facilities and services and urbanization regutations, and
follow guidelines set out in the OAR.
10/24/2016
4
• ORS 455.315 provides exemption to State structural codes for
agricultural buildings and equine facilities. Must be located on farm
or forest operation.
•
Uniform Building<Code (UBC) defined "farm use."
Current: International
use."
Building Code (IBC)Illicit i 3"f'Itiine "farm
Appltloican for Equine Fatllity E ptlan
Ew.+m� n,ee.ao.•b..o.rm� s._E 2Iw
Zoning Code Chapter 18.04. Title, Purpose and Definitions.
Section 18.04.030— Definitions
"Agricultural building or equine facility" means -
Ps abed
F -
structures that are exem ` F' _ ?i "s sregon Strut ura€
Specialty Code as'agricor
ss ar i !' ii e faCiiities.
Cti ij."�srcila
ca€ ine faculties receiving.
c`ial
r farrr1 use.
10/24/2016
5
LTURAL B IL Gi' Qi IN
Recommended At end P, to Proposal
Zoning Code Chapter 18.04. Title, Purpose and Definitions.
Section 18.04.030
"A:ricultural buildin_ or es uine facilit
Ilih tllLll ifi.�VP 1.41,i41�VIIIIIVIVVY'VIIII
means'' buildings and
exon Structural
J 1111 1 i. +tVtiga.g Vny t!1tA yitiitit- . U . 11 IIIII'll llr
111 `II
LION iC
lilt is no
re Ulred for agricultural
uildings or equine facilities
receiving special assessment for farm use;
_lii1111R1+maa
R PARK SETBACKEXCEPT
Deschutes County
Zoning
I
10/24/2016
6
# Tax Lots 61
#Ovvners 52
# Dwellings 31
# Vacant Lots 30
Tax Iots range between 0.25 and
7.25 acres. Most tax lots are
between 0.5 and 1.0 acre
'
Py0p0���
Zoning Code Chapter 18.40. Forest Use Zone — F-2
Section 18.40.100. Yards and Setbacks.
B. Each side yard setback shall be a minimum of 25 feet exceoL
lAUpyard adjacent to zoned st land
shall have -a minirnum-strieltard-of-±00-feet
09. Section 09B8and SeVinnO4[Z.andTaxLotZZ09000OOD5OO
10/24/2016
7
Zoning Code Chapter 18.40. Forest Use Zone — F-2
Section 18.40.100. Yards and Setbacks.
C.Rear yards shall beaminimum of25feet, except�
I • with rear yards adjacent to zoned forest land shall
h.,` .......`. ,--_-_-__.—=
09.Se��io:O9B8x��2209OO000O§0O
shaUhovearninimumoarvardof: Z5vard
eb�stheFu�s Us�Zzone
10/24/2016
8
' • -�'�
sxn
At the Conclusion of Testimony the Board can:
1. Continue the Hearing to a Date Certain;
2. Close theand Leave the Written Record Open to a
--'- Certain;
3. Close the Consider
of First Reading of the Ordinances.
The hearing will be conducted in the foliowing order:
2ll:`xyp�i.auwU| ysmn�iu�e�Umonya.�'| .^vx|�no`
Opponents and proponents will testify and present evidence.
Other inteimony or
evidence. `^'
The applicant presents rebuttal testimony.
Staff will be afforded an opportunity to make any closing
comments.
10/24/2016
9
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97703-1960
(541) 388-65.70 - Fax (541) 385-3202 - www.deschutes.org
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., MONDAY, OCTOBER 24, 2016
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Pursuant to ORS 192.640, this agenda includes a list of the principal subjects anticipated to be
considered or discussed at the meeting. This notice does not limit the ability of the Board to
address additional subjects. Meetings are subject to cancellation without notice. This meeting is
open to the public and interested citizens are invited to attend. Business Meetings are usually
recorded on video and audio, and can be viewed by the public live or at a later date; and written
minutes are taken for the record.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. 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
Chair calls on you to speak. PLEASE NOTE: Citizen input regarding matters
that are or have been the subject of a public hearing not being conducted as a
part of this meeting will NOT be included in the official record of that hearing.
If you offer or display to the Board any written documents, photographs or
other printed matter as part of your testimony during a public hearing, please
be advised that staff is required to retain those documents as part of the
permanent record of that hearing.
Board of Commissioners' Business Meeting Agenda Monday, October 24, 2016
Page 1 of 3
CONSENT AGENDA
4. Board Signature of Document No. 2016-689, Amending an Intergovernmental
Agreement with the City of La Pine regarding the La Pine Industrial Park
5. Board Signature of Document No. 2016-667, a One-year Option Agreement
between Deschutes County and Ron Dziengiel regarding the Purchase of
Property in Newberry Business Park
6. Board Signature of Order No. 2016-043, Authorizing Sheriff's Office Surplus
Vehicle Sale
7. Board Signature of Minutes:
• Business Meeting of October 17, 2016
• Work Session of October 17, 2016
ACTION ITEMS
8. Public Hearings on Amendments related to Agricultural Lands — Matt Martin
• Define Agricultural Buildings & Equine Facilities
• Special Setback for Haner Park
• Acknowledge Existing Opportunity for Non -Resource Plan Amendments
Suggestion Actions: Open public hearing on all amendments; take testimony;
close hearing; consider first readings (individually) of Ordinances No. 2016-005
and No. 2016-006.
CONVENE AS THE GOVERNING BODY OF THE SUNRIVER SERVICE
DISTRICT
9. CONSIDERATION of Board Signature of Letters Reappointing Bob
Wrightson and Jim Wilson to the Sunriver Service District Budget Committee
10.CONSIDERATION of Board Signature of a Letter Appointing Jim Fister to
the Sunriver Service District Board, through August 31, 2017
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
11. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the 9-1-1 County Service District
Board of Commissioners' Business Meeting Agenda Monday, October 24, 2016
Page 2 of 3
CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-H
COUNTY SERVICE DISTRICT
12. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the Extension/4-H County Service District
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
13. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
Deschutes County
14. OTHER ITEMS
To watch this meeting on line, go to:
htto://www.deschutes.ora/bcc/page/board-meeti nil -videos
Please note that the video will not show up until recording begins.
You can also view past meetings on video by selecting the date shown on the website calendar.
®®Deschutes County encourages persons with disabilities to participate in all programs and
®activities. To request this information in an alternate format please call (541) 617-4747, or
email ken.harms@deschutes.org.
Ug,
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.)
Board of Commissioners' Business Meeting Agenda Monday, October 24, 2016
Page 3 of 3