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2017-788-Minutes for Meeting May 29,1997 Recorded 11/15/2017Recorded in Deschutes County Nancy Blankenship, County Clerk Commissioners' Journal 11/15/2017 12:54:31 PM CJ2017-788 1111111111111111111111111111111 Deschutes County Board of Commissioners Bend, Oregon DESCHUTES COUNTY BOARD OF COMMISSIONERS Audio Cassette Recording Titled: PUBLIC HEARING ON THE ADOPTION OF THE TUMALO COMMUNITY PLAN May 29, 1997; 6:00-8:30 PM. A meeting of the Board of County Commissioners was held on May 29, 1997. Commissioners present were Nancy Pope Schlangen, Bob Nipper and Linda Swearingen. Also in attendance were Rick Isham, County Counsel; County Administrator Mike Maier; the media, other staff and a large number of interested citizens. Commissioner Schlangen opened the meeting, which was to discuss the update to the Tumalo Rural Community Plan. She then opened the public hearing. A staff report was presented by Brian Harrington of the Community Development Department. He said he would go over what has been done so far, and how they met the Rule. The County has updated the Comprehensive Plan and zoning regulations for the Tumalo community, basically to comply with new State rules governing unincorporated communities. Transcription of Audio Recording of a Work Session, May 29, 1997 Page 1 of 6 It is an unincorporated community, defined as a rural community that will no longer be referred to as a rural service center. The Board will take testimony on recommended changes to the Plan. The documents discussed this evening were developed over the past year after considerable citizen participation. A survey was mailed to all Tumalo property owners, followed by a series of four community workshops held at the Tumalo Elementary School, a public hearing was held before the Planning Commission, and there were two subsequent Board work sessions on this issue. The amendments being presented were forwarded by the Planning Commission to the Board, for adoption. They are set forth in Ordinances 97-031 (growth management chapter); 97-032 (amends the map designations); 97-033 (amends Title 18, the zoning ordinance); 97-034 (amends Title 18 to adopt a new zoning map); and 97-035 (amends Title 17 amending text regarding road right of way standards). Staff then spoke about the boundary changes and transportation adjustments recommended. The main concerns of the community regarding transportation was improving access from Cook Avenue to and across Highway 20; reducing truck traffic through the community; providing safe pedestrian walkways in the commercial core and to the school; providing road standards that are practical and cost- effective; and providing shoulders on County roads. The County is to support ODOT's efforts to improve the Highway 20 — Cook Avenue intersection; and to realign O.B. Riley Road through the Bend Aggregate site Staff's report went on for a considerable amount of time, and in detail, with references to the Ordinances throughout. Commissioner Schlangen said that they received a letter that mentioned multi- family dwellings. She asked if this is not a consideration because there is no sewer or public water systems. Transcription of Audio Recording of a Work Session, May 29, 1997 Page 2 of 6 Staff confirmed this, and there is a policy to allow residential uses in the commercial area but they can't predominate the area. Multi -family uses are not appropriate in the commercial district. The Chair asked for public testimony at this time. Bill Storey, an attorney representing Rural Fire Protection District #2, explained that the inclusion of the new public facilities policy statement to encourage the presence of a fire station in Tumalo. He is concerned that the County does not have jurisdiction to include this wording in the comprehensive plan. The Chair said that they would be happy to revise the wording, and for Mr. Storey to speak to staff about this. He said they would prefer not to have any language relating to fire stations in the new document. Bruce Brothers of the Planning Commission stated that they reached consensus, with all but one person agreeing, that this is important and is surprised staff hasn't asked the Planning Commission to speak to this. Their role was to first and foremost to satisfy the people who live there, within the confines of state law. People feel that the fire district that they bought and paid for should remain in the area. Nothing is more important there than fire safety. He went on at length regarding fire protection, the fire station and keeping the community alive and vital. It seems that Fire Chief Larry Langston just wants some pressure put on so he can get new fire stations and new equipment, and put them wherever he pleases. The Planning Commission did not take these issues lightly. Steve Henderson then testified. He is a resident of Tumalo and an employer, owning Breedlove Guitars in Tumalo that employs about twenty people. He is also vice president on the Laidlaw Water District Board, and a member of the Rural Fire Protection District. He said their Board has been involved in a long process for strategic planning. This controversy about the fire station has been going on for a couple of years. Some have tried to work within the system and keep a lid on it. He does not think tonight is a good time to decide whether the station stays there. Transcription of Audio Recording of a Work Session, May 29, 1997 Page 3 of 6 However, the community would like to see a statement showing what the Commissioners think about a fire station. There are statements that directly affect the water district as well. The fire station is a very big concern for everyone there. It appears that the City of Bend has taken a very strong position that they want the fire station moved. The County can also make a statement in this regard. The Commissioners cannot make that decision, but they can certainly make it known that keeping the station in Tumalo is the best thing for the community. The community has supported this fire station for over twenty years. It is a political decision and a hot potato, but the Commissioners should not just drop it back into the laps of the citizens without making some kind of statement in support. (He went on at length about the Commissioners standing up for the community.) There was then a lengthy discussion about the installation of sidewalks in the commercial area. Jeff Role, who lives in Tumalo, also urged that the Commissioners leave in language regarding public facilities. The language regarding fire protection is vague enough, not mentioning this District specifically, that it can safely stay in the document. The City of Bend owns the fire station, not the District. Commissioner Swearingen stated that the town contracts with the City of Bend for the station, and has the right to demand that it stay there. The County cannot dictate how another entity operates. Vern Bartley, Vice President of the Rural Fire District, said that the District has not made a decision to close the Tumalo station. The District drives the District, and not the City. They want to be clear about jurisdictional responsibilities and the potential for litigation. They have not always agreed with the City. A top priority is station siting. They will appoint a citizen committee and an advisory council to consult with the District on this issue. They have to decide about all the other stations as well. Transcription of Audio Recording of a Work Session, May 29, 1997 Page 4 of 6 He would like to see the Commissioners remove the language from the Plan to avoid potential litigation. Heather Scott said she lives on 4' Street in Tumalo, and is happy to see a plan happening for Tumalo. She looks forward to the improvements. Her concern is a personal one. She is trying to turn her house into a duplex, and now this right is going to be taken away from her. She hopes to work with the County on this issue. She was encouraged to talk to staff about her plans. Sharon Dunlevy said she owns several pieces of property in Tumalo, and wondered if there are concrete plans to improve the roads. Chair Schlangen said there is a six-year plan that is updated every year, and this information is available. It depends on whether the roads she referenced are actually in the system or are private. Ms. Dunlevy was also concerned about whether any consideration has been given to properties that may be in the flood plain, that have no protection. Commissioner Swearingen said that the County has no jurisdiction over this. Robert Fish wants to be able to continue the use of the property he has in Tumalo. The previous recommendation of a minimum lot size of about 1/2 acre would exclude most of the lots in the Tumalo area from being developed. There are many lot that are an eyesore and would be better off being developed. Another concern is policy #48 regarding surface mining. Having to reclaim old sites and making them suitable for residential purposes is under a 'shall be' statement, and this sounds like a mandate. If those actually develop into residential, that will put a lot of demand on all the systems in the town. He was advised that the zoning is a five -acre minimum, so density would not be much of an issue. Staff said that the proposed policy about reclaiming and using for residential is no longer in the document. Being no further testimony, the Chair closed the hearing. She said that they will take into consideration all of the statements made tonight, and appreciates their participation throughout the lengthy process. Transcription of Audio Recording of a Work Session, May 29, 1997 Page 5 of 6 Staff clarified that the fire policy is merely a recommendation for consideration. They were trying to lay out what came up during the process and what was most important to the community. The document also has not had the benefit of full legal review at this time. The Chair would like to leave the record open for additional written testimony, as they did with the situation in Terrebonne. Staff said that they need this to be completed by the end of June. The record was left open until 5 PM on June 13 for written comment. At this time another citizen was allowed to speak about difficulties in getting a building permit. He did not give his name. Staff said that the property in question is zoned residential, but will be changed to commercial with the adoption of these ordinances. There is no way to change the use until then. Chair Schlangen said that they will make a decision on June 25 at their regular business meeting. The oral part of the hearing was adjourned. I certify that the above is a true and accurate record of a meeting, as reproduced from a cassette tape identified as Minutes of a Meeting of the Deschutes County Board of Commissioners, held on May 29, 1997. This record was completed subsequent to the presiding Deschutes County Board of Commissioners' tenure. Bonnie Baker For the Board of County Commissioners Transcription of Audio Recording of a Work Session, May 29, 1997 Page 6 of 6