2016-569-Minutes for Meeting December 07,2016 Recorded 12/16/2016NANCYDESCHUTES COUNTY BLANKENSHIP,FFICIAL 000NTY CLERKS u2016.589
COMMISSIONERS' JOURNAL 12/16/2016 04:13:22 PM
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2016-
For Recording Stamp Only
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97703-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
MINUTES OF WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, DECEMBER 7, 2016
Present were Commissioners Alan Unger and Anthony DeBone; Commissioner
Tammy Baney was out of the office. Also present were Tom Anderson, County
Administrator; Erik Kropp, Deputy County Administrator; and Dave Doyle, County
Counsel. Attending for a portion of the meeting were Nick Lelack and William
Groves, Community Development; Judith Ure, Administration; James Lewis,
Property and Facilities; and ten other citizens. No representatives of the media
were in attendance.
CALL TO ORDER.
Chair Unger opened the meeting at 1:30 p.m.
ACTION ITEMS
1. Community Solutions of Central Oregon Update.
President Cyndy Cook introduced herself and other representatives of
Community Solutions of Central Oregon: Gary Winterstein, Executive Director;
Connie Lee, Treasurer; Sherrene Hagenback, Case Manager; and Jim Ruff, ex -
officio board member.
Minutes of Board of Commissioners' Work Session Wednesday, December 7, 2016 Page 1 of 6
They have completed their strategic plan and reached other milestones. She
explained that they have probably helped every agency and entity in the area
in their efforts to reach resolution regarding disputes.
Mr. Winterstein gave a PowerPoint presentation (a copy of which is attached
for reference). They have a new website that is interactive as well as
operational and informational. Crowdsourcing is now also a part of this. They
are implementing a new strategic plan and goals, which they incorporate in
their everyday work.
They have some new volunteers who are experienced, including a couple of
attorneys who are knowledgeable about land use issues. They have diversified
services to address a wide range of situations, including facilitation. They
contract for services with smaller agencies as well as big jurisdictions.
A principal customer is the Courts. A small segment is manufactured home
communities, some of which wish to become co-ops. They have directly
served 628 individuals this year. A lot of time is spent coaching boards of
directors on how to handle conflicts.
The success rate is better with some situations than others. Some is on par
with what the Courts experience. Individual issues involving lenders are more
difficult, with foreclosure avoidance being at about 40% statewide.
In the future, they hope to work more on special projects and conferences.
They hope to implement a restorative justice pilot program for low-level
offender diversion, including within school districts. Education and prevention
comes first and some of this can be handled by mediation and facilitation.
However, when prevention breaks down, there needs to be a way to help the
individual.
Chair Unger asked if they still have Teen Court. Mr. Winterstein replied that
this was replaced with restorative justice programs.
Online dispute resolution services are being examined. There is precedence
for this in Europe and Canada. This service helps to keep judges' dockets clear,
and allows for more participants. It might work in some situations.
Minutes of Board of Commissioners' Work Session Wednesday, December 7, 2016 Page 2 of 6
They are pursuing certification of agricultural mediation specialists. It heavily
focuses on farming best practices. This is already taking place in Hood River.
The basic mediation training course has been restructured. They are
developing an emergency operations concept of support, when something
goes very badly or there is a crisis. Federal mediators are activated when
there is a disaster, but they can't do it all.
Volunteerism is a critical part of what they do. They have never been busier.
They continue to seek leaders in the community to serve on their Board of
Directors. However, those on the Board do not have to be mediators.
He invited the Commissioners to attend their Holiday Social from noon to 2
p.m. on December 8, at the Deschutes Brewery.
Chair Unger noted that this partnership has been a good one, and the County
wants them to be successful and grow. They seem to be doing more all the
time, and collaboration and finding common ground has become increasingly
important.
Erik Kropp asked if there is ever a request for mediation for personnel issues.
He was advised they can do this as well. Tom Anderson asked if the contract
and fee structure are working adequately. He was advised that it has so far.
2. Work Session - Preparation for Deliberations on Widgi Creek Subdivisions.
(This portion of the meeting was audio recorded.)
Will Groves gave a brief overview of the item. The question is in regard to the
210 unit cap and whether it is to be considered. There are a couple of
perspectives on this, and it is confusing. The Board needs to decide whether
they exist or are already used up. Some is within the Inn of the 7th Mountain,
and some is in other subdivisions because they fit there better at the time.
The Hearings Officer was not sure if the master plan still applies.
Milepost One and Points West contain part of the Widgi Creek master plan.
The question is whether they count in Widgi Creek even since they fall into this
partially. Or, are they functionally part of Widgi Creek for access, utilities and
amenities; or if they are not, with this happening through 7th Mountain.
Minutes of Board of Commissioners' Work Session Wednesday, December 7, 2016 Page 3 of 6
The 1983 master plan talks about this in detail. Utilities were a part of this
decision. The number of 210 was picked prior to knowing what utilities would
be provided. Another question had to do with Milepost One and the Hearings
Officer's decision, which said there are enough if these are in the master plan.
It is unclear whether to count them.
These intuitively are not part of Widgi Creek, and the way to fix this is through
a master plan amendment. They do this often with master plans. Widgi
Creek's master plan has been adjusted over the years for things big and small.
Chair Unger asked if part of this was for septic and sewer. Mr. Groves said this
was adjusted over time.
Staff feels this is an appropriate topic for a master plan amendment. The
applicant feels this area is not functionally part of Widgi Creek and therefore
should not impact the master plan. LUBA might find no problem with
requiring an amendment to fix this. It might be scrutinized more carefully
otherwise.
Chair Unger wants to work through his ideas on this situation one-on-one with
staff. Mr. Groves will be available for this discussion. He said this is on the
Board business meeting agenda for December 14, and hopes for signature of a
decision on December 19.
On a separate note, Mr. Groves said the Board made a decision in 2007
regarding requiring a paved secondary access road. Some decisions have
come out since then, with gravel being allowed. Staff is inclined to allow a
downgrade to the surface, using Miller Tree Farm as the criteria. These are
secondary roads for emergency access only. The Road Department and Fire
Department say gravel is appropriate, especially in a smaller subdivision. Staff
could approve this administratively.
Chair Unger encourages all-weather roads and feels this should be based on
the level of activity. Gravel works well if there is not much traffic.
Minutes of Board of Commissioners' Work Session Wednesday, December 7, 2016 Page 4 of 6
OTHER ITEMS
Tentative dates are being considered to meet with the La Pine City Council in
February.
Mike Maier needs to be reappointed to the various budget committees, since his
term is up on December 31. The Board feels he brings a lot of value to the group.
The group went into Executive Session at 2:25, which adjourned at 3:45 p.m. No
formal action was taken.
The Board received a ballot for election of the Sisters Chamber of Commerce
Board of Directors. Commissioner DeBone will make the choice.
Erik Kropp queried the Board regarding replacement of the Board vehicle, a 2002
Durango. This is already budgeted. It has over 100,000 miles and the Road
Department feels it is time. It needs new tires and those are a significant
expense. He asked if the Board would use the vehicle more if it was newer. It
hasn't been used extensively because some people don't like the way it drives. It
needs room for at least five people plus cargo. They need a good winter vehicle
for trips to the valley.
Commissioner DeBone said he would like to use it to drive to Salem next year, as
he doesn't want to drive his personal vehicle there. Chair Unger asked if there are
restrictions regarding passengers. Mr. Kropp replied that passengers sign a
liability release form, and if someone is from another agency, there is an
agreement in place. The Board indicated Mr. Kropp can move forward with ideas
on the type of vehicle.
Commissioner DeBone asked about some County vehicles that have faded logos.
He feels these should be freshened up. Mr. Anderson said that Whitney Hale has
some ideas for graphics on some fleet vehicles.
Minutes of Board of Commissioners' Work Session Wednesday, December 7, 2016 Page 5 of 6
Mr. Kropp stated that the Porsche Club does an annual fundraiser, from which
they purchase forty skid car classes to donate. They have asked if the County can
provide additional classes free. Also, a reporter wants to take the class and will
likely report on it. The Board supported this and up to five free classes for the
Porsche Club.
ADJOURN
Being no further discussion, the meeting adjourned at 2:55 p.m.
APPROVED this / % - Day of
Deschutes County Board of Commissioners.
ATTEST:
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Recording Secretary
2016 for the
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Alan Unger, Chair
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Tammy Baney, Vice Chair
Anthony DeBone, Commissioner
Minutes of Board of Commissioners' Work Session Wednesday, December 7, 2016 Page 6 of 6
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Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/
WORK SESSION AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
1:30 PM, WEDNESDAY, DECEMBER 7, 2016
Allen Conference Room - Deschutes Services Building, 2ND Floor —1300 NW Wall Street — Bend
Pursuant to ORS 192.640, this agenda includes a list of the principal subjects anticipated to be
addressed 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.
Work Sessions allow the Board to discuss items in a less formal setting. Citizen comment is
not allowed, although it may be permitted at the Board's discretion. If allowed, citizen
comments regarding matters that are or have been the subject of a public hearing process will
NOT be included in the official record of that hearing. Work Sessions are not normally video or
audio recorded, but written minutes are taken for the record.
CALL TO ORDER
ACTION ITEMS
1. Community Solutions of Central Oregon Update - Judith Ure, Management Analyst
2. Work Session - Preparation for Deliberations on Widgi Creek Subdivisions - William
Groves, Senior Planner
OTHER ITEMS
These can be any items not included on the agenda that the Commissioners wish to discuss
as part of the meeting, pursuant to ORS 192.640.
At any time during the 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 categories.
Board of Commissioners Work Session Agenda
Wednesday, December 7, 2016 Page 1 of 2
Executive sessions are closed to the public; however, with few exceptions and under specific
guidelines, are open to the media.
ADJOURN
To watch this meeting on line, go to: www.deschutes.ora/meetings
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.
rDeschutes County encourages persons with disabiities to participate in all programs and
® activities. To request this information in an alternate format please call (541) 617-4747.
FUTURE MEETINGS:
Additional meeting dates available at www.deschutes.ora/meetinacalendar
(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 Work Session Agenda Wednesday, December 7, 2016 Page 2 of 2
19113 -,?11116
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners Work Session of December 7, 2016
DATE: November 30, 2016
FROM: Judith Ure, Administrative Services, 541-330-4627
TITLE OF AGENDA ITEM:
Community Solutions of Central Oregon Update
PUBLIC HEARING ON THIS DATE?: No
ATTENDANCE: Representatives of Community Solutions of Central Oregon: Gary
Winterstein, Executive Director; Cyndy Cook, President; Connie Lee, Treasurer; Jim Ruff, Ex -
Officio Board Member; and Sherrene Hagenback, Case Manager.
SUMMARY: Since approximately the year 2000, Deschutes County has provided support to
Community Solutions of Central Oregon (formerly Central Oregon Mediation) as part of the
Service Partner program. In return, the organization provides mediation services at the request
of County departments and for the benefit of County residents. During the Board of
Commissioners' December 7, 2016 work session, representatives of Community Solutions of
Central Oregon will provide an update on the current status of the organization, it's activities
and funding sources, and future direction.
RECOMMENDATION & ACTION REQUESTED:
None - informational only.
posiot Community Solutions
of Central Oregon
Organization Update
Gary Winterstein
Executive Director
HELPING PEOPLE HAVE DIFFICULT CONVERSATIONS
Community Solutions
of Central Oregon
- Highlights: What's new
- Deschutes County: By the numbers
- Outlook: What's ahead
- Bottom line: Our view
05.01-12-7-16
6.02 -12-7-16
12/2/2016
1
vow Community Solutions
of Central Oregon
Highlights: What's new
- Our website is both informative AND operational
- A new strategic plan is now being implemented
- Several professionals have joined our team
- Diversified services are now being offered
- Several programs are under development
- We actively pursue contracts for services
frov Community Solutions
of Central Oregon
Deschutes County: By the numbers
221 Total Dispute Resolution Cases
Comparative Agreement Success Rates
®6 O OFAP El RIC o MCRC
6.03 -12-7-16
628 Total People Directly Served
217
lib ■OFAP ®RIC Ii MCRC
6.04 -12-7-16
12/2/2016
2
411104101 Community Solutions
of Central Oregon
Outlook: What's ahead
- Provision of wide ranging facilitation services
- Implementation of a Restorative Justice (RJ) pilot program
- Adaptation of Online Dispute Resolution (ODR) services
- Certification of Agricultural Mediation (AGMED) specialists
- Restructured Basic Mediation Training (BMT) course
- Development of an emergency operations Concept of Support
am -12-7-16
401116.01 Community Solutions
of Central Oregon
Bottom line: Our View
- Community service formula = strategy + volunteerism + innovation
- Dispute resolution work County -wide has never been busier
- New partnerships and collaborations compel us to grow
- Seeking leaders in our community to serve on our Board of Directors
TRANSFORMING COMMUNITIES THROUGH COMMUNICATION
05.06 -12-7-16
12/2/2016
3
oresw Community Solutions
of Central Oregon
Questions?
www.solutionsco.org
(541) 383-0187
director@solutionsco.org
05.07 -12-7-16
viegw Community Solutions
of Central Oregon
2016 Holiday Social
Thursday, December 8th from 12:00— 2:00 pm
Deschutes Brewery Bend Public House, upstairs 'Tap Room'
1044 NW Bond Street, Bend OR 97703
www.deschutesbrewery.com
RSVP — support@solutionsco.org
12/2/2016
4
b. -
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners Work Session of December 7. 2016
DATE: December 2, 2016
FROM: William Groves, Community Development, 541-388-6518
TITLE OF AGENDA ITEM:
Work Session - Preparation for Deliberations on Widgi Creek Subdivisions
PUBLIC HEARING ON THIS DATE?: No
ATTENDANCE: Will Groves, BOCC, Legal.
SUMMARY: The Board of County Commissioners (Board) has heard appeals filed by Kine &
Kine Properties. The appeals were submitted in response to a Deschutes County Hearings
Officer's decision that the proposed subdivisions do not comply with all applicable regulations.
The BOCC agreed to hear these matters under Order 2015-029. De novo public hearings
were conducted on January 27 and February 29, 2016. The post -hearing written record
periods have ended.
The Board deliberated on these applications on August 15, 2016. The Board reached a
conclusion denying these applications on several issues. The Board requested additional
information on the "unit count" question, described in detail below. By Orders 2016-041 and
2016-042 the board reopened the record to receive additional information on this issue. The
open record period closed November 24, 2016. Staff has prepared a memorandum to
summarize the materials submitted by the parties on this issue.
Community Development Department
Planning Division Building Safety Division Environmental Soils Division
P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.usicddi
MEMORANDUM
DATE: November 29, 2016
TO: Board of County Commissioners
FROM: Will Groves, Senior Planner
RE: Deliberations on two matters:
Kine & Kine Properties appeal of a Hearings Officer's decision. File Nos. 247 -14-
000395 -TP, 396 -SP, 397 -LM, and 206-A
Kine & Kine Properties appeal of a Hearings Officer's decision. File Nos. 247 -14-
000391 -TP, 392 -SP, 393 -LM, and 207-A.
L Background
The Board of County Commissioners (Board) has heard appeals filed by Kine & Kine
Properties. The appeals were submitted in response to a Deschutes County Hearings Officer's
decision that the proposed subdivisions do not comply with all applicable regulations. The
Board agreed to hear these matters under Order 2015-029. De novo public hearings were
conducted on January 27 and February 29, 2016. The post -hearing written record periods have
ended.
The Board deliberated on these applications on August 15, 2016. The Board reached a
conclusion denying these applications on several issues. The Board requested additional
information on the "unit count" question, described in detail below. By Orders 2016-041 and
2016-042 the Board reopened the record to receive additional information on this issue. The
open record period closed November 24, 2016. Staff has prepared this memorandum to
summarize the materials submitted by the parties on this issue.
11. Issue Summary
This deliberation summary of party positions is largely composed of direct quotes.
Some quotes have been edited for brevity, clarity, or issue focus.
The Board, in its August 15 deliberations, found the Widgi Creek Master Plan consists of the
County land use decision under file nos. MP -83-1 and CU -83-107, as modified by subsequent
identified modifications. MP -83-1 and CU -83-107 included the following finding and condition:
Quality Services Performed with Pride
The maximum density of 210 units, or approximately 1.1 units per acre, is
reasonable for this site while still providing for the recreational amenities.
The Master Plan and Conditional Use permit are approved with the
following conditions.
1. The total number of residential units shall not exceed 210 units.
A subsequent Master Plan modification decision, MC -85-13, contains the following condition of
approval.
1.) The number of single family residential lots shall not exceed 107, with the
overall density of residential and condominium units not to exceed 210.
Points West Subdivision (2006) includes lands partially in the Widgi Creek Master Plan area and
was approved based on the assumption that the Widgi Creek Master Plan no longer applied.
Eight of the lots in Points West (lots 1-8) are located partially in the Widgi Creek Resort. If those
lots are counted against the 17 remaining undeveloped lots authorized by the Widgi Creek
Master Plan, there would be nine remaining lots authorized by Widgi Creek Resort Master Plan.
Mile Post 1 (2009-2106) includes lands partially in the Widgi Creek Master Plan area and was
approved based on the assumption that the Widgi Creek Master Plan either no longer applied
or, alternatively, that the subdivision would comply with the Widgi Creek Master Plan. Ten of
the lots in Mile Post 1 are located partially in the Widgi Creek Resort. In the Mile Post 1
approval, the Hearings Officer agreed that one of these lots included so little land in the Widgi
Creek Master Plan area that only nine Mile Post 1 lots were in the Widgi Creek Master Plan
area. If these 9 lots are counted against the 9 remaining undeveloped lots authorized by the
Widgi Creek Master Plan, there would be no remaining lots authorized by Widgi Creek Resort
Master Plan.
Under this analysis, there are no remaining lots for either the "Fairway" of Pool" applications,
which would provide another basis for denying these applications.
III. Applicant Argument:
The present 210 unit restriction was included in a land use decision issued by the Hearings
Officer with no citation to any code or other legal authority for it. The only explanation in the
decision for the restriction relates to density with respect to open space, community services
and compatibility. It should be read strictly and literally to apply only to units that are actually
within the Widgi community and utilizing its amenities and services. It should not be expanded
to include slivers of land that once fell within the Widgi Master Plan boundaries but that were
sold and developed as a part of separate communities.
The 210 number is directly related to the units served by the community amenities and services.
The units within the Points West and Mile Post 1 developments are in a separate zoning district
and are part of separate communities with separate access and their own amenities and
services. Those developments do not count towards any unit limit at Widgi Creek because they
are not served by any amenities or services provided by the Widgi Community. The County land
use decisions approving those developments contain findings establishing these facts.
Kine and Kine Deliberations Page 2 of 5
The Widgi HOAs specifically agreed to allow this Board to decide the issue of whether the Mile
Post 1 and Points West units counted towards the 210 number. (See Applicant's November 17,
2016 submittal for details).
[Responding to Opponent argument on the effect of the Hearings Officer's Decision in
Mile Post 1]. The Board not the Hearings Officer decides whether the units count. That
question was not before the Hearings Officer in that case so any discussion of it is purely dicta
and would not be binding on this Board even if it were not The Hearings Officer specifically ruled
that she need not decide whether the Master Plan retained any continuing validity to decide the
Mile Post 1 case. Her discussion of the units does not bind the Board in any way.
The HOAs argue the Widgi community shares sewer service with Points West and Mile Post 1
and therefore the slivers of land in those communities should count towards the unit count. The
"Widgi" pump station is a municipal facility owned and operated by the City, and located on the
Applicant's property, not any property owned or maintained by the Widgi community. The sewer
facilities have specifically been designed and improved to serve the present proposals as
verified in the City of Bend Sewer Analysis, submitted as Exhibit D with the present applications.
IV. Opponent Argument:
The 210 unit limit was created by the 1984 Master Plan, has been adhered to in every major
land use decision since then, and was then incorporated in the Comprehensive Plan. The Points
West and Mile Post 1 developments include the 8-9 acre parcel that is specifically and
repeatedly referenced as the "remaining 8-9 developable acres" at Widgi Creek in multiple
hearings officer decisions as well as the Comprehensive Plan findings. That is why the
developments were approved. All the parties agree that the 8-9 acre area is now Points West
and Mile Post 1. It does in fact hook up to the Elkai Widgi Creek sewer line and uses the Widgi
Creek Sewer Pump Station.
On March 30, 2016, Hearings Officer Karen Green issued a Decision on Remand from LUBA on
the approval for the "Mile Post 1" subdivision on exactly this issue. Ms. Green made specific
findings that there are seventeen (17) units in Points West and Mile Post 1 that are within the
Widgi Creek Master Plan area and subject to the 21 unit limit, if the Board found that it exists.
LUBA remanded the Mile Post 1 approval and specifically observed:
"[I]t appears to us that the proposed eight lots that would be located partially
within the Widgi Creek Resort, when added to the eight lots in the Points West
Subdivision that are located within the Widgi Creek Resort, would total 16 lots,
one short of the limit on townhouse units in the Widgi Creek Master Plan."
Ms. Karen Green approved the Mile Post 1 application on remand from LUBA on March 30,
2016. In that decision she found and concluded as follows:
The applicant and opponent HOAs have also agreed that even if the Seventh
Mountain/Widgi Creek Master Plan would have allowed for a total of 103
townhome units, with 86 of those townhome units already established in the Elkai
Woods development, that counting existing lots within the Points West
Subdivision there would still remain authorization for 17 more townhomes. There
are 8 townhome lots that were created as part of the Points West Subdivision
Kine and Kine Deliberations Page 3 of 5
and that are located partially within the Widgi Creek Master Plan area. If those
lots are counted toward a 103 condominium townhome limit, there would still be
authorization for 9 of the applicant's proposed new townhomes within the
Widgi Creek Master Plan area. The applicant and opponent HOAs have
agreed that 9 of the applicant's proposed new townhome lots are located
within the Widgi Creek Master Plan area, and therefore in the HOAs view the
current Arrowood proposal would comply with the Seventh Mountain Master
Plan, if it is indeed found to apply. (bold in original).
The Hearings Officer found based on the parties' stipulation that there were 9 new lots in Mile
Post 1 that are within the Widgi Creek master plan area, rather than the 8 found by LUBA. The
Hearings Officer Decision was not appealed and is now final.
The Master Plan does not mention anything about water as the reason behind the unit limit. To
the contrary, it is reasonably clear from the Master Plan approval that it was offered to comply
with County standards for density and open space within a destination resort. The Deschutes
County zoning ordinance (PL -15) required 65% of the land to be maintained and open space.
Based on this land use history, the applicant's water rights history is irrelevant to the unit
limitation.
Whether Points West and Mile Post 1 also straddle the old Inn of the Seventh Mountain
property, or connect to other roads and utilities is irrelevant, because neither subdivision would
have been approved if the 8-9 acre parcel had not been allowed under the Widgi Creek Master
Plan and the Deschutes County Comprehensive Plan findings. Points West and Mile Post 1
connect to Widgi Creek services as well.
V. Staff Analysis:
Staff understands the parties to agree that 210 (or 211) units/lots have been
built/platted/approved wholly or partially within the Widgi Creek Master Plan area.
While the Hearings Officer's decision in Mile Post 1 is a relevant opinion, staff concurs with the
applicant that it is not binding in any way on how the Board chooses to resolve this present
matter.
The Applicant has argued that the 210 unit restriction "was included in a land use decision
issued by the Hearings Officer with no citation to any code or other legal authority for it". The
original approval (MP -83-1 and CU -83-107) included the following findings:
CONFORMANCE TO SECTION 8.0505 (19):
A. Such uses may be authorized as a conditional use only after consideration of
the following facts:
(1) Proposed land uses and densities: Applicant proposes to develop a
destination resort on 236 acres immediately adjacent to and north of the existing
Inn of the Seventh Mountain condominiums and commercial areas. It will be a
total of 210 units. One hundred twenty units (120) will be built as condominiums
or townhouses on a total of 16 acres. There will be an additional 30 one-third to
one-half acre recreation homesites. The overall density will be 1.14 units per
acre.
Section 3.050 (19) (B):
Kine and Kine Deliberations Page 4 of 5
The conditional use may be granted upon the following findings:
(3) Any exceptions from the standards of the underlying district are warranted by
the design and amenities incorporated in the development plan and program:
The applicant has attempted to prove that an exception is warranted to the
underlying density standards of the area and that the applicant has been mindful
of the carrying capacity of the property in outlining any proposed recreation
homesites and condominium areas.
DENSITY:
The density of the proposal will be less than of the similar developments, such as
Black Butte Ranch and Sunriver, while providing similar amenities. The maximum
density of 210 units, or approximately 1.1 units per acre, is reasonable for this
site while still providing for the recreational amenities.
The Master Plan and Conditional Use permit are approved with the
following conditions.
1. The total number of residential units shall not exceed 210 units.
The density and unit count were created in the original Master Plan as a response to applicable
criteria, which included relevant analysis, and imposed as a condition of approval. Staff is
confused why the applicant would argue that the 210 unit restriction "was included in a land use
decision issued by the Hearings Officer with no citation to any code or other legal authority for
it," given the language in the original approval (MP -83-1 and CU -83-107).
The applicant has also argued that the restrictions of the Master Plan should not apply to units
(Mile Post 1 and Points West) that partially fall in the Master Plan area and are not functionally
part of Widgi Creek, with regard to access and amenities. This argument is bolstered by an
argument that these units are on a utility system that is not subject to the limitations that, in part
necessitated the Master Plan unit limitations. This "utilities" argument is a matter of debate
among the parties. Staff believes that these units likely should not be included in the Master
Plan unit count, however, the resolution to this issue is an application to amend the Widgi Creek
Master Plan designed to recognize the history and particular circumstances of Mile Post 1 and
Points West subdivisions. This is the way a Master Plan works: An initial plan was agreed
upon, modified many times to reflect changes big and small, and now needs to be amended to
reflect unforeseen changes in circumstances.
Staff recommends the Board find that all of the 210 residential units allowed under the Master
Plan have been approved/platted and that no further residential development is possible under
the Master Plan until it is lawfully modified or formally removed as a regulatory document.
Alternatively, the Board could concur with the applicant and find that the 210 -unit restriction
should be read strictly and literally to apply only to units that are actually within the Widgi
community and utilizing its amenities and services. This would likely include a conclusion that
the Widgi Creek Master Plan does not include slivers of land that once fell within the Widgi
Master Plan boundaries but that were sold and developed as a part of separate communities.
Record
The record materials are available as text -searchable PDF files at:
PACDD\Widgi BOCC Hearings\Widgi Reopen Record Order\Record Materials
Kine and Kine Deliberations Page 5 of 5