2017-161-Minutes for Meeting March 06,2017 Recorded 4/17/2017Recorded in Deschutes County CJ2017-161
Nancy Blankenship, County Clerk
Commissioners'Journal 04/17/2017 9:25:45 AM
i
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
Allen Conference Room
Monday, March 6, 2017
Present were Commissioners Tammy Baney, Anthony DeBone and Phil Henderson. Also present
were Tom Anderson, County Administrator, Erik Kropp, Deputy County Administrator, David
Doyle, County Counsel; and Sharon Ross, Executive Secretary. Attending for a portion of the
meeting were Adam Smith, Assistant Legal Counsel, James Lewis, Property Management
Specialist; Whitney Hale, Public Information Officer, and Judith Ure, Management Analyst. No
representatives of the media or citizens were in attendance.
CALL TO ORDER: Chair Baney opened the meeting at 1:34 p.m.
ACTION ITEMS
1. Appeal of Hearings Officer's Decision in File Nos. 247 -16 -000408 -LR (247-17-000027-A)
Will Groves, Senior Planner gave history on this appeal. The applicant, Larry Kine,
requested Lot of Record Verification for ten areas located within the property identified
on Assessor's map 18-11 Tax Lot 2001, within the Widgi Creek Resort Community.
The applicant has recently requested a continuance until April 5, 2017 for additional
time before the hearing. The Board expressed support of the continuance.
Minutes of Board of Commissioners' Work Session March 6, 2017 Page 1 of 4
Mr. Groves reviewed his submitted staff report giving background information relating
to the appeal. The original hearing was posted and scheduled for Wednesday, March
8`" but due to the continuance the hearing will remain on the agenda and only the staff
report will be reviewed and the continuation will be set.
2. Discussion on Goals and Objectives:
Judith Ure, Management Analyst and Whitney Hale, Public Information Officer
presented the revised Deschutes County Goals and Objectives. This item was a topic of
discussion at the 2017 Board Retreat in January. Both County Administrator Tom
Anderson and Commission DeBone had submitted suggestions for additional revisions.
Commissioner Baney felt the revisions offered were done well. Commissioner
Henderson commented he didn't realize at the Retreat the statement and text was
going to be revised and feels he would need to abstain from the vote to accept the
revisions. Commissioner Henderson's concern is he has only been in office for two
months and if this document is a measurement tool he should at least complete his
orientation with departments.
Departments rely on this document as a guide when preparing their annual budgets.
Commissioner DeBone commented the mission statement may need more discussion.
Discussion held on the purpose of the document. County Administrator Anderson noted
from a management perspective this represents the commissioner's priority and vision
for our County. Commissioner Baney inquired on the revisions fitting into our
department's tracking for performance measurements.
Discussion held on the newly revised four categories of: Safe Communities: protect the
community through planning, preparedness, and delivery of coordinated services;
Healthy People: enhance and protect the health and well-being of communities and the
residents they serve; Economic Vitality: promote policies and actions that sustain and
stimulate economic vitality; and Service Delivery: provide solution -oriented service that
is cost-effective and efficient.
Discussion held on the definitions of social well-being, air, land, water resources,
transportation, and housing. The original mission statement will remain and further
revisions will be made and brought back to the Board for consideration.
Minutes of Board of Commissioners' Work Session March 6, 2017 Page 2 of 4
OTHER ITEMS
At 2:34 p.m. the Board went into Executive Session under ORS 192.660 (2) (d) Labor
Negotiations. The Board came out of Executive Session at 3:18 p.m.
OTHER ITEMS: (continued)
• Commissioner DeBone asked to review the membership of the Central Oregon
Intergovernmental Council (COIC). He reviewed memberships and the history of COIC.
There is only one appointed member required by each of the counties of Deschutes,
Jefferson, and Crook. Commissioner DeBone commented with the Chamber of
Commerce as a partner, Katy Brooks would be a great fit. County Administrator
Anderson reviewed the COIC roster noting this appointment would be to fill a vacancy
requirement for a chamber representative. Commissioner Baney offered the
suggestion of interviews for future appointments. Commissioner Henderson noted his
concern of appointing someone that has just moved to town. This item is scheduled
for consideration on the consent agenda for Wednesday and Commissioner DeBone
recommends moving forward.
At this time, Commissioner Henderson excused himself from the meeting for a short period of
time due to a committed scheduled meeting. A quick recess was taken at 3:29 p.m.
At 3:31 p.m. the Board went back into Executive Session under ORS 192.660 (2) (e) Real
Property Negotiations. The Board came out of Executive Session at 4:27 p.m.
OTHER ITEMS: (continued)
• Commissioner Henderson recommends a future discussion on PERS as this is a big topic
in the legislative session this year.
County Administrator Anderson noted for future schedules on Saturday April 8t" both
the La Pine Chamber Awards event and the first annual 9-1-1 employee appreciation
event are schedule that evening. County Administrator Anderson will be attending the
9-1-1 employee appreciation dinner.
Minutes of Board of Commissioners' Work Session March 6, 2017 Page 3 of 4
ADJOURN: Being no further discussion, the meeting adjourned at 4:30 p.m.
1 07
DATED this
Board of Commissioners.
PA
u
`air,•
r
Day of �' _ 2017 for the Deschutes County
Tammy Baney, Chai, _.
Anthony DeBone, Vice Chair
Philip G. He derson, Commissioner
Minutes of Board of Commissioners' Work Session March 6, 2017 Page 4 of 4
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, MONDAY, MARCH 6, 2017
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
Appeal of Hearings Officer's Decision in File Nos. 247 -16 -000408 -LR (247-17-000027-
A) - William Groves, Senior Planner
2. Discussion on Goals and Objectives
OTHER ITEMS
EXECUTIVE SESSION: under ORS 192.660 (2)(d) labor negotiations; and ORS192.660
(2) (e) real property negotiations
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.
Executive sessions are closed to the public; however, with few exceptions and under specific
guidelines, are open to the media.
Board of Commissioners Work Session Agenda Monday, March 6, 2017 Page 1 of 2
ADJOURN
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.
FUTURE MEETINGS:
Additional meeting dates available at www.deschutes.org/meetingcalendar
(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 Monday, March 6, 2017 Page 2 of 2
DATE:
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 March 6, 2017
FROM: William Groves, Community Development, 541-388-6518
TITLE OF AGENDA ITEM:
Appeal of Hearings Officer's Decision in File Nos. 247 -16 -000408 -LR (247-17-000027-A)
PUBLIC HEARING ON THIS DATE?: No
Before the Board of County Commissioners (BOCC) is an appeal filed by Larry Kine. The
appeal is submitted in response to a January 6, 2017 Deschutes County Hearings Officer's
decision that the applicant has not met his burden of demonstrating the lot of record status of
the subject property. The Board agreed to hear this matter de novo under Order 2017-003.
RECOMMENDATION & ACTION REQUESTED:
Conduct work session.
} 1
Community Development Department
`f y Planning Division Building Safety Division Environmes)tat Soils Division
RO. Box GGG5 117 P*l'v`4r Lafayette k.enue Bend, Oregon 97708-6005
Phone: (54) 388-6575 Fax: (541) 335-1764
http:,,fAvww.cleschutes.org/cci
MEMORANDUM
DATE: March 1, 2017
TO: Board of County Commissioners
FROM: Will Groves, Senior Planner
RE: Board hearing on the Kine appeal of a Hearings Officer's decision. File No.
247 -16 -000408 -LR
Before the Board of County Commissioners (BOCC) is an appeal filed by Larry Kine. The
appeal is submitted in response to a January 6, 2017 Deschutes County Hearings Officer's
decision that the applicant has not met his burden of demonstrating the lot of record status of
the subject property. The Board agreed to hear this matter de novo under Order 2017-003.
Staff notes that this memo is a supplemented version of the memo the Board received when
choosing whether to hear this matter. New text below is underlined in Section I and the
remaining Sections are wholly new material.
I. BACKGROUND
The applicant, Larry Kine, requested Lot of Record Verification for ten (10) areas located within
the property identified on Assessor's map 18-11 Tax Lot 2001, within the Widgi Creek Resort
Community.
A Lot of Record Verification is an application that seeks to demonstrate that the configuration of
identified lots or parcels was the result of lawful actions. This requires an analysis of the deed
history of a property.
The subject property was conveyed from the Bureau of Land Management into private
ownership in 1984. This conveyance referred to a BLM document entitled "Dependent
Resurvey, Subdivision of Sections 22 and 23 and Survey" ("Dependent Resurvey") dated
January 12, 1984. The Dependent Resurvey mapped Parcels A, B, C, and D and these
"parcels" are used to describe the land subject to the 1984 Federal conveyance.
In order to find that these "parcels" were Lots of Record, the Hearings Officer would need to
find that they met the DCC 18.04.030 requirements that the "parcels" "...conformed to all
1 Section 18.04.030 of the County Zoning Ordinance defines a "lot of record" as:
A. A lot or parcel at least 5,000 square feet in area and at least 50 feet wide, which conformed to all
zoning and subdivision or partition requirements, if any, in effect on the date the lot or parcel was
created, and which was created by any of the following means:
Quality Services 1'rrfi)rine d ivith I'r ide
zoning and subdivision or partition requirements, if any, in effect on the date the lot or
parcel was created...", and that they were created by one of the means identified in the Lot of
Record definition sections (A)(1-5).
The Hearings Officer found that the Federal Land Policy and Management Act of 1976 (FLPMA)
allows the BLM to create and convey lots that "a subsequent owner could use and convey".
However, FLPMA does not preempt local requirements and, specifically, Section 718 of the
FLPMA "places the burden of compliance" with state and local land use regulations on the
grantee.
Next, the Hearings Officer found:
I concur with the Hearings Officer in Thompson, and with the applicant, that the
BLM has the authority to create units of land and convey them without regard to
the Oregon Revised Statutes and the Deschutes County Code. Those units of
land are lawful; they can be used and conveyed by the grantee. But that only
sets the stage for deciding whether those units of land are "lots of record" that the
Deschutes County Code recognizes as developable.
The applicant argued that the "parcels" were created in accordance with Lot of Record section
(A)(2), "By a subdivision plat, as defined in ORS 92, filed with the Deschutes County
Surveyor and recorded with the Deschutes County Clerk". The Hearings Officer found that
the "Dependent resurvey" was not a filed with the Deschutes County Surveyor nor was it
recorded with the Deschutes County Clerk. Staff notes that the applicant has since recorded
the BLM Dependent Resurvey with the Clerk.
Next, the Hearings Officer found that the "parcels" did not conform "...to all zoning and
subdivision or partition requirements, if any, in effect on the date the lot or parcel was
created...". The Hearings Officer explained:
In 1984 the parcel was zoned FU3 under PL -15 with a minimum lot area of 20
acres. At least one "parcel" — `A' is less than 20 acres; thus the division into four
1. By partitioning land as defined in ORS 92;
2. By a subdivision plat, as defined in ORS 92, filed with the Deschutes County Surveyor and
recorded with the Deschutes County Clerk;
3. By deed or contract, dated and signed by the parties to the transaction, containing a
separate legal description of the lot or parcel, and recorded in Deschutes County if
recording of the instrument was required on the date of the conveyance. If such instrument
contains more than one legal description, only one lot of record shall be recognized unless
the legal descriptions describe lots subject to a recorded subdivision or town plat;
4. By a town plat filed with the Deschutes County Clerk and recorded in the Deschutes County
Record of Plats; or
5. By the subdividing or partitioning of adjacent or surrounding land, leaving a remainder lot
or parcel.
B. Notwithstanding subsection (A), a lot or parcel validated pursuant to ORS 92.176 shall be recognized
as a lot of record.
C. The following shall not be deemed to be a lot of record:
1. A lot or parcel created solely by a tax lot segregation because of an assessor's roll change
or for the convenience of the assessor.
2. A lot or parcel created by an intervening section or township line or right of way.
3. A lot or parcel created by an unrecorded subdivision, unless the lot or parcel was conveyed
subject to DCC 18.04.030(B).
4. A parcel created by the foreclosure of a security interest.
parcels did not meet the zoning standards at the time. Further, as staff notes, PL -
14 the Subdivision/Partition Ordinance adopted in 1981 required:
Section 2.010. SCOPE OF REGULATION. (1) Before a plat of any
subdivision or the map of any partition may be made and recorded, the
person proposing the subdivision or the partition, or his authorized agent
or representative, shall make an application in writing to the County
Planning Department for approval of the proposed subdivision or partition
in accordance with the requirements and procedures established by this
ordinance.
The Dependent Resurvey was not applied for or approved in accordance with the
requirements and procedures established by PL -14, and thus did not conform to
all "subdivision or partition requirements, if any, in effect on the date the lot or
parcel was created". (Bold in original)
The applicant argues that the four parcels were subsequently left as 10 "remainder" parcels as
the result of subdivision of the Widgi Creek Resort community. However, since the four
"parcels" are not Lots of Record, the Hearings Officer found that later subdivision of adjacent
land does not leave "remainder" lots from the "parcels".
The Hearings Officer concluded:
...the applicant has not met its burden of demonstrating the prerequisite to lot of
record status: conformance with all zoning and subdivision and partitioning
requirements had been met given that the County had such provisions in effect at
the time of the BLM dependent survey, the survey did not conform to those
requirements, and at least one of the parcels may be below the minimum lot size
at the time.
Staff notes that since the Hearing's Officer decision, the applicant and staff have agreed that the
applicant's analysis (if confirmed by the Board) would result in 11, not 10, Lots of Record. _ An
area in the south east of BLM Parcel C was previously overlooked.
Staff also notes that the original staff report and Hearings Office's decision misidentified the
historic zoning of the property as FU -3. Staff believes this is the correct chronology:
January 12, 1984 — Date of BLM Dependent Resurvey
Property is zoned Forest Use (172) and some Surface Mine Reserve (SMR)
February 29, 1984- Property is wholly zoned F2 under ordinance 84-016.
Minimum lot size is 40 acres in this zone.
October 9, 1984 — Date of BLM patent conveying Parcels A, B, C, and D
Parcels A and B are less than 40 acres.
To the extent the Board finds that the zoning of the property at the time of parcel creation is a
relevant consideration, a finding that the Dependent Resurvey created the lot(s), rather than the
Patent, will result in a different zoning analysis.
II. KEY BOARD DECISION POINTS
1) Lawfully Established Unit of Land
State statute recognizes "lawfully established unit of land" rather than lot of record [See ORS
92.010 (3)(a)]. Staff presumes that lot of record is generally an elaboration and further
restriction of the State's lawfully established unit of land, but this is not explicit in local code. It is
unclear if the history of the subject property would recommend a finding that the property
contains the proposed 11 lawfully established units of land. It is also unclear if this answer
would be different from the result of the lot of record analysis. This issue was raised before the
Hearings Officer, was not determinatively resolved, and is likely to be of interest to LUBA if the
Board's decision is appealed. Staff anticipates the Board will receive briefings on this issue and
may want to make findings on this question.
2) Lot of Record
The Hearings Officer relied heavily in on a prior Hearing Officer's decision (Thompson) in
findings that a federal conveyance did not create a County lot of record, as described above.
Since the hearing, staff has taken notice of and included in the record several historic lot of
record cases that may influence the Board's thinking about this matter. In Pine Forest the
Hearing Officer revisits Thompson and reaches a different conclusion based on a difference on
the facts of the respective cases. Staff recommends the Board receive testimony on the salient
difference between these cases. In an older Board decision, O'Neill, the Board recognized one
lot from a federal conveyance but not multiple contiguous lots described in the federal
conveyance.
It appears to staff that any finding that the BLM conveyance resulted in the creation of lot(s) of
record will rely in part on federal preemption of state and/or local regulations, potentially under
the Federal Land Policy and Management Act of 1976 (FLPMA). Staff recommends the Board
request additional testimony on any pertinent federal case law on this question.
Staff understands the applicant to argue that the 11 proposed lots of record result from modern
subdivisions splitting the four BLM parcels into discontiguous remainders [See "Lot of Record"
definition, section (A)(5)]. Because the Hearings Officer denied the four BLM parcels lot of
record status, no detailed analysis of the effect of subsequent subdivisions was provided. If the
Board finds on appeal that the BLM conveyance created lot(s) of record, the effect of
subsequent subdivisions will need to be reviewed. In particular, subsequent subdivisions
describe the subject golf course area as "not in plat" or do not describe the golf course at all.
Regarding the subsequent subdivisions creating discontiguous remainders, the Hearings Officer
notes:
It is not clear how the Golf Village subdivision could create lots that explicitly are
marked. "Not In Plat". Subdivision lots are created by inclusion in a plat. The plat
does not label them as "lots" or "parcels" and shows their "boundaries" only by
dashed section lines. There appears to be no reference to the BLM parcels on
the plat. See DCC 18.04.030 B. 2 (section or township lines do not create lot of
record.) It is at least as likely that this means that listing these as one "not in plat"
area effectively consolidated those lawful parcels into one. See e.g.
Weyerhauser Real Estate Dev Co v Polk County, LUBA No. 2011-022 (2011)
Staff recommends the Board receive additional testimony on this issue.
3) Effect of Prior Decisions
The applicant's notice of appeal inquires about the effect of prior lot of record determinations on
the subject property. On quick search, staff has identified the following decisions as making lot
of record findings on portions of the subject property:
Pool/Fairway subdivisions (14-391-TP/14-395-TP), Golf Restrooms (SP -97-52),
Clubhouse Expansion (Sp -96-72), Maintenance Building/Expansions (SP-09-15,SP-96-
5, SP -05-34), Lot of Record findings (LR -05-48, LR -03-26), Entrance Sign (LM -05-110)
Most of these prior decisions were not included in the record before the Hearings Officer. Staff
recommends the Board receive additional testimony on this issue.
Attachments:
1. Hearing Officer's decision
2. Notice of Intent to Appeal
Record Materials available at P:\CDD\Kine Lot Of Record Appeal\Record
3/2/2017
HEARING PROCEDURE
The Board's decision on this application will be based upon the record before the
Hearings Officer, the Hearings Officer's decision, the Staff Report and the
testimony and evidence presented at this hearing.
e The hearing will be conducted in the following order.
i. Staff will provide a brief report.
2. The applicant will present its testimony and evidence.
s. Opponents and proponents will testify and present evidence.
4. Other interested persons will then present testimony or evidence.
S. The applicant presents rebuttal testimony.
6. Staff will be afforded an opportunity to make any closing comments.
Staff Report
® Background
® Proposal
a, HO Decision
® Analysis and Issues
® Alternative Courses Action
® Questions
Background — Widgi Creek
e 1983: Widgi Creek created as a 237 -acre expansion
to Seventh Mountain Resort
• Land Conveyed by BLM to Seventh Mountain Sales
Corporation in 1984 by patent identifying Parcels A,
B, C, D, as shown in a "survey of the said land".
TOWNSHIP IS SWTH, RANGE H EAST, OF THE WILLAMETTE MERIDIAN,OREGON
AT
I
"t
i
11 `.
F: I
Background — Widgi Creek
® "Seventh Mountain Golf Village" platted on this
land in 19go
® Elkai subdivisions follow later.
3/2/2017
2
Background — Widgi Creek
® "Seventh Mountain Golf Village" plat shows golf
course areas as "not in plat".
® What is the legal status of the golf course area?
® Is the golf course comprised of one lot or many
legal lots?
• Applicant argues there are to (u).
• Hearings Officer:
a "The applicant has not met its burden of establishing that
the area at issue constitutes a lot of record, or multiple
lots of record as defined by the Deschutes County Code."
TOWNSHIP 10 SOUTH, RANGE II EAST, OF THE WILLAMETTE MERIDIAN,
OREGON
- Yye
3
.f
Background — Widgi Creek
® "Seventh Mountain Golf Village" plat shows golf
course areas as "not in plat".
® What is the legal status of the golf course area?
® Is the golf course comprised of one lot or many
legal lots?
• Applicant argues there are to (u).
• Hearings Officer:
a "The applicant has not met its burden of establishing that
the area at issue constitutes a lot of record, or multiple
lots of record as defined by the Deschutes County Code."
3/2/2017
tl
TOWNSHIP 18 SOUTH, RANSE II EAST, OF THE WILLAMETTE MERIDIAN OREGON
- Yye
3
3/2/2017
tl
Background — Lawfully established unit of land
ORS 92.010 (3)(a) "Lawfully established unit of
land" means:
• (A) A lot or parcel created pursuant to ORS 92.010 to
92.192; or
• (B) Another unit of land created:
(i) In compliance with all applicable planning, zoning and
subdivision or partition ordinances and regulations; or
• (ii) By deed or land sales contract, if there were no applicable
planning, zoning or subdivision or partition ordinances or
regulations.
• (b) "Lawfully established unit of land" does not mean a
unit of land created solely to establish a separate tax
account.
Background — Lawfully established unit of land
® ORS 92.017 When lawfully created lot or parcel
remains discrete lot or parcel.
• A lot or parcel lawfully created shall remain a
discrete lot or parcel, unless the lot or parcel lines
are vacated or the lot or parcel is further divided, as
provided by law.
® "Once a lot always a lot" unless formally eliminated
by an 'overwriting" plat or formal consolidation
approval.
Background — Lawfully established unit of land
® Question #i • Does the 1984 BLM conveyance and
subsequent o mtvy approvals create one or many
"Lawfully established unit(s) of land"?
• Created pursuant to ORS 92.oro to 92.192; or
• Federal Preemption from applicable planning,
zoning and subdivision or partition ordinances and
regulations in 1984•
• Hearing Officer: Maybe
3/2/2017
0
Background — Lot of Record
o "Lot of Record" - County restriction limiting
development to certain lawfully established unit(s)
of land.
Background — Lot of Record
• Question #z: Does the 1984 BLM conveyance
create one or many "Lot(s) of Record"?
• Created pursuant to Lot of Record definition; or
• Federal Preemption from Lot of Record definition.
Background — Lot of Record
• A "two-pronged" test.
• 1) "Lot of Record" means:
• A. A lot or parcel at least 5,000 square feet in area and at least 50
feetwide, which conformed to all zadnv and subdivision or
narrit"on eqn' v nents, if any, in effect on the date the lot or
parcel was created, and which was created by any of the following
means:...
• HO: PL -14 was in effect in 1984 requiring County
application for division of land. No such application was
made.
• Zoning Fz in 1984 (F3 wrong in decision). 4o -Acre Minimum
(Parcels A and B smaller). However, entire conveyance over 40.
• Federal Preemption or denial required
3/2/2017
5
Background — Lot of Record
• I. By partitioning land as defined in ORS 92;
• No argument that a partition occurred.
• z. By a subdivision plat, as defined in ORS 92, filed
with the Deschutes County Surveyor and recorded with
the Deschutes County Clerk;
• HO: 1984 BLM survey is an ORS 92 subdivision plat,
but was not filed. Has since been recorded.
Background — Lot of Record
® 3. By deed or contract, dated and signed by the.
parties to the transaction, containing a separate legal
description of the lot or parcel, and recorded in
Deschutes County if recording of the instrument was
required on the date of the conveyance. If such
instrument contains more than one legal description,
only one lot of record shall be recognized unless the
legal descriptions describe lots subject to a recorded
subdivision or town plat;
• HO: BLM patent (vs. survey) would make one lot under
this provision. (Multiple descriptions) (Ok ifa "recorded
subdivision" is found to exist)
Background — Lot of Record
® 4. By a town plat filed with the Deschutes County
Clerk and recorded in the Deschutes County Record of
Plats; or
• No argument that a town plat was filed.
® 5. By the subdividing or partitioning of adjacent or
surrounding land, leaving a remainder lot or parcel.
• Applicant argues that plats filed after the BLM
survey/patent split the 4 BLM parcels into 10 (n)
remainders. HO did not review this analysis in
detail.
3/2/2017
I.
Background — Lot of Record
• Prior Approvals
• Question #3; What effect do prior approvals
recognizing areas within Widgi as Lot(s) record
have?
•
Pool /Fait —y(G4-391-TP/14-395-TP), Golf Restrooms(SP-97-52)
Clubhouse Expansion (Sp -96-72), Maintenance Building/Expansions
(SP-09-15,SP-96-5, SP -o5-$4), Lot of Record findings (LR -05-48, LR -
o3 -z6), Erman—Sign (LM-o5-uo)
3/2/2017
7
3/2/2017
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 March 6, 2017
FROM: Judith Ure, Administrative Services, 541-330-4627
TITLE OF AGENDA ITEM:
Goals and Objectives Discussion
PUBLIC HEARING ON THIS DATE?: No
ATTENDANCE: Judith Ure, Whitney Hale
SUMMARY: Discussion of FY 2018 Goals and Objectives
Deschutes County FY 2018 Draft Goals and Objectives
Mission Statement: Working for and with our citizens and partners to support strong, safe and
healthy communities.
Safe Communities: Protect the community through planning, preparedness, and delivery
of coordinated services.
• Provide safe and secure communities through coordinated public safety services.
• Reduce crime and recidivism through prevention, intervention, supervision and enforcement.
• Collaborate with partners to prepare for and respond to emergencies and disasters.
Healthy People: Enhance and protect the health and well-being of communities and the
residents they serve.
• Support and advance the health and safety of Deschutes County's diverse populations.
• Promote social well-being through behavioral health and community support programs.
• Help to sustain air, land, and water resources in balance with other community needs.
Economic Vitality: Promote policies and actions that sustain and stimulate economic
vitality.
• Support affordable housing options through availability of lands and appropriate fiscal
regulation.
• Administer land use programs that promote flexibility, livability, and sustainability.
• Maintain a safe, multi -modal, sustainable transportation system.
• Partner with organizations and manage County assets to attract business development,
tourism, and recreation.
Service Delivery: Provide solution -oriented service that is cost-effective and efficient.
• Ensure quality service delivery through the use of innovative technology and systems.
• Support and promote Deschutes County Customer Service "Every Time" standards.
• Continue to promote community participation and engagement with County government.
• Preserve and enhance capital assets and strengthen fiscal security.
• Provide collaborative internal support for County operations.