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2001-624-Minutes for Meeting July 23,2001 Recorded 8/3/2001DESCHUTES COUNTY OFFICIAL RECORDS ^f + E S CO MARYCOMMSUE PERSOJOURNAL LUNTY CLERK IBJ 200+-62; �� LZ 08/03/200101:56:00 PM Board of Cofa issioners 1130 N.W. Harriman St., Bend)�� 'cue :9770'41 7 (541) 388-6570 • �'" `��i'V7388 42 r�� fAu6es.org fon bre Wolf Dennis R. Luke MINUTES OF PUBLIC HEARING Mike Daly DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, JULY 239 2001 Present were Commissioners Dennis Luke and Mike Daly; Commissioner Tom DeWolf was excused. Also present were Mike Maier, County Administrator; Kevin Harrison and Paul Blikstad, Community Development; Laurie Craghead, Legal Counsel; Jeff Mullins of KBND Radio; and six citizens. Acting Chair Mike Daly opened the meeting at I L 00 a.m. Before the Board was a Public Hearing (continued from an earlier date) of Appeal #A-01-10 of the Hearings Officer's Decision to Deny a Variance to the Density and Open Space Standards to Add Lots in an Existing Planned Unit Development (Odin Falls Ranch). LUKE: I received a letter today from the applicants today, which will be part of the record. I have also received letters from Bev Clarno and Ben Westlund. BOB LOVLIEN (Attorney for the applicants.) There are three issues here. We tried to work with staff to see if there is some other way to accomplish what we want to get done. They've been very helpful, but we have not been able to come up with another way of methodology and proceeding with this issue. If we can get this field into the condition we have talked about, there is every reason to believe it will stay that way. Minutes of Public Hearing Page 1 of 10 Pages Odin Falls Ranch Application for a Variance Monday, July 23, 2001 Quality Services Performed with Pride DICK MANN: (One of the applicants.) There were some serious questions from the Board previously. I have put together snapshots of similar jobs we have done over the past thirty to forty years. These will help to demonstrate that this will be a permanent solution. (He then showed oversized photographs of various properties, such as George Barrett's property at Deschutes Junction, Smith Rock Ranch, and others. He was instructed that these photos would need to become part of the record.) DALY: How does this relate to the Odin Falls issue? HALL: I want to show the permanency of grass once it is established. LUKE: The question is not about the grass. The question is about long-term maintenance. HALL: I wanted to show that once people have a showplace, they keep it that way for pride of ownership reasons. Pastoral settings are very important, and make properties much more valuable. The photos show the quality of the things that I do and what I want to do at Odin Falls Ranch. DALY: I don't think any of us doubt your ability. We need to get to the issue of the Odin Falls Ranch situation. LUKE: There's no question on the quality of what you do. The question is what happens when you are no longer the owner, and what is the plan to keep this in open space? Twenty years ago there were some great visions, too; we are concerned that this doesn't happen again. HALL: These photos go to longevity and pride of ownership. This land in Odin Falls Ranch was a big weed patch, with tumbleweeds everywhere, year after year. We put in an interim crop of wheat, and my photos show the significance of the difference. We have an abundance of water, and want to make use of it. Minutes of Public Hearing Page 2 of 10 Pages Odin Falls Ranch Application for a Variance Monday, July 23, 2001 HALL: When we do something, we do it forever, not just for today. There's no way that someone is going to turn the water off at Odin Falls Ranch. It is an expensive project, so this just won't happen. The work I did at Odin Falls Ranch was for the community. I designed and built the entrance gate & kiosk. The Association graciously paid me back within six or seven years. (He referred to an oversized plat map of Odin Falls Ranch.) We want to immediately put this land under a solid-state underground system, with pop-up heads. It is an expensive proposition, more expensive than the land. The fire station alone is justification enough. We will line the pond, which was not part of the original plan; there's now a wheel line, but it's not satisfactory. We want to put in an automatic system. Once it's this way, no one will just turn off the water; the investment is just too much. What bothers me about this application process is that the rules that staff is relying upon seem to preclude this development, but can allow someone to put in a pig farm. This flies in the face on common sense. LOVLIEN: What can we put into place as a condition of approval that will give more comfort to the Board of Commissioners? We will have primary farmstead, which will primarily be responsible for 59 acres of water. Also there will be an association of all six lots, all dependent upon this pasture being maintained. They will have the authority to impose assessments on themselves and the farmstead. We will also assign the right to the existing Odin Falls Ranch Homeowners Association to also impose assessments on this property so they can step in if necessary. DALY: Just the six lots? LOVLIEN: They will have the ability to impose on all the lots if they wish. We're talking about it as a community asset, affecting everyone's property values; also $10,000 security bond will be posted to make sure this area is maintained. This will be put up by applicants, who propose that it stay in place for ten years. Minutes of Public Hearing Page 3 of 10 Pages Odin Falls Ranch Application for a Variance Monday, July 23, 2001 LUKE: There's no question that this is a great project for the applicants and the current residents. However, twenty-five years from now, one neighbor may get mad at another and out of spite will do something negative. LOVLIEN: There are a lot of good examples in this area where this concept has worked. LUKE: Usually it's part of the developer's deal, and there's no option on who gets assessed. When it comes down to it, this falls to one person, and one lot; the others can assess themselves. This is permissive language only. LOVLIEN: There is a proposed bond for a period of ten years so that it becomes part of the system. In 1981, this piece was taken out of the declarations, leaving no right to maintain or use the land, as it was not a part of the common area. They probably would have assessed themselves to make sure it was taken care of. LUKE: Why was it taken out? LOVLIEN: We don't know why. Bob Mayfield did it. The development agreement will become part of the record; if that had been a part of it at the first, they would have had authority to do something. Now these conditions of approval will be on the deed records, so all future owners will know. There was no follow-through earlier. We want to establish this set of administrative things through three different layers of the neighborhood so they can make sure this doesn't happen again. That's a small price for people to pay each year. We want to make sure the neighborhood can participate if all else breaks down. LUKE: You are proposing that these be a part of the development agreement. Typically what the conditions are is that they have to be approved by legal counsel. DALY: I am having a tough time understanding who is primarily responsible. Just the one lot? Minutes of Public Hearing Page 4 of 10 Pages Odin Falls Ranch Application for a Variance Monday, July 23, 2001 LOVLIEN: That makes the most sense. DALY: How do we make the other five lots equally responsible? LUKE: That lot owns that property. You can't farm by a homeowners association. LOVLIEN: There will be restrictions in the deed record so you can't just do whatever you want. The best way to preserve property values is to do certain things. We would not have a problem if you had all six as equally responsible. LUKE: It's nice if the others can kick in to maintain; it's tough for the County to enforce six people. LOVLIEN: Once you build a house and you have the expectation that this will be here, there won't be a problem. Now there is no authority to do this. WINKS Regarding the other five in your proposal, if I'm the one responsible, I could go to the other five to ask them to impose a fee upon themselves to cover the costs voluntarily? The option is, if I can't do it, it turns brown. The chance of them stepping forward is good, but they can't be forced to. LOVLIEN: They will have authority to impose liens on the property to make sure it gets done. DALY: Who will have the authority? LOVLIEN: The five owners will, if they put money into it. The homeowners association also can if they put money into it. Liens are effective tools. DALY: If the #I lot fails, the other five step in, and they lien # 1 ? Minutes of Public Hearing Page 5 of 10 Pages Odin Falls Ranch Application for a Variance Monday, July 23, 2001 LOVLIEN: Yes, they collect from each other. Everyone's Once you have authority to go onto the land, tr to what it will add to the neighborhood. DALY: Are you proposing all these improvements will LOVLIEN: Yes. LUKE: Have you discussed the use of the land? LOVLIEN: We have discussed uses of land, and some prol talking about a small number of cattle. We've where this has worked. The homeowners assoc should have known about the original decision, to a 20 year old decision. This type of thing is restrictions or the plat itself, or otherwise disch any previous decisions on any of the recorded i assessor's records, the deeds, maps, or declarat reasonable person would have known this. LUKE: Staff disagrees that under current land use laws to be the problem why you can't come to a coni LOVLIEN: They are basing their decision on one in LUKE: Your interpretation is different from that of property value is at stake now. ere aren't big-ticket items compared be in before you sell the lots? .ibitions will be listed. We're ;ot examples all over the county iation's position is that someone Usually you don't have to go back asually imposed on deed ised. This property does not show Zformation. There's nothing in the ons. There was no way that a that this can be done. This seems ,lusion. of your rules. LOVLIEN: We have tried very hard. You're the ultimate finder of fact. If you thought that this makes sense and was a good use of the land and a good decision, I propose that we could submit findings of fact that would be defensible before LUBA. Minutes of Public Hearing Page 6 of 10 Pages Odin Falls Ranch Application for a Variance Monday, July 23, 2001 LOVLIEN: I'm not asking you to make bizarre findings o fact. This is a self-created difficulty; and is the only one of its kind in the surrounding area. It's the only one with this anomaly. As a practical matter, if you follow staff logic, this piece of land is unbuildable and worthless, with the only thing of value being the 59 acres of water rights. If that was sold off, then the neighborhood really is 1 trouble. The hearings officer made findings, but I think we can make findings that would interpret those rules differently. This goes to Administrative Rule. Were concerned about that. In Goal 14, they talk about cluster developmer or be on land smaller than 2 acres, with specifi be a specific size. I don't think that Rule abrol regarding density. It doesn't say you can't apx of practice, DLCD would have a problem. I do and PVDs, which can't exceed ten densities. It doesn't say it has to ates the authority of this Board y a variance. If you had a pattern n't think this establishes a pattern. Even under Administrative Rule, I think there are defensible findings of fact. You can read into them what you want to read into them. You know what the neighborhood problem is, and I think this can be supported by findings of fact. LUKE: Do you know of other areas that, if this decision were made, could affect the County as a whole? HARRISON: I think we have PUDs throughout the County, but we don't get too many new proposals. This kind of interpretation could set precedence. I don't know that this is so isolated that it wouldn't resurface. LUKE: Could you word it indicating that the Board of i this a unique circumstance? There shouldn't b this kind of large open space or common area. HARRISON: Probably not with one big piece. LUKE: I appreciate that it could set precedence. aunty Commissioners considers too many of these out there, with Minutes of Public Hearing Page 7 of 10 Pages Odin Falls Ranch Application for a Variance Monday, July 23, 2001 HARRISON: One of the key features is to still address the the door for a developer with a new project. the area, with this amount of ground. CRAGHEAD: I have nothing to add to what staff has said. LUKE: This is a very unique situation. It is a definite I appreciate staff and legal working together tc policy question for the Board of Commissione: of land use law. There's a definite fire hazard a good piece of ground that needs to be taken c firebreak for the surrounding area. My decisio applicants, but I want to review the findings be make sure they are defendable. My vote is not a vote to set precedence within 1 this is a very unique situation, one that probabl laws, which don't always necessarily make cor. County have been extremely successful with w solutions. I would vote to uphold the applicant the findings and decision. xle but allow a variance. This opens sere are not too many available in )roblem for the homeowners there. find an answer. It comes down to a -s. There's a different interpretation :hat needs to be taken care of, this is are of, and this would provide a will be based upon going with the fore we make final interpretation, to ie County. From my perspective, was not anticipated by land use mon sense. We in Deschutes at we feel are common sense ' request, based on our review of CRAGHEAD: You will also be upholding a variance to density standards. LUKE: In this particular case, yes. DALY: I am still concerned about the method you are ising to get where you want to be. I think this is a unique situation, and the land needs to be taken care of. I would also vote along with Commissioner Luke, subject to the final draft of how you want to go about doing it. We need to review it before we make a final written decision. I would like to see step by step how this will work, and review it with legal counsel before signing the final findings. Minutes of Public Hearing Page 8 of 10 Pages Odin Falls Ranch Application for a Variance Monday, July 23, 2001 LUKE: Staff has worked hard on this, and has to make That's why we're here. This is not a criticism had to make a call here. CRAGHEAD: Procedurally wise, we are closing the public he findings written by the applicants' attorney; thf on in the future would be on signing the decisi( its call. So does legal counsel. Df staff, as they did a good job. We aring, and moving to having only thing to have a public hearing LUKE: We could have a public hearing, but I want to go over these documents with staff and legal for recommendations first. LUKE: I move that this public hearing is nova written by the applicants' attorney an, Friday, August 3. That will give us e prior to the regular Board meeting of enough time? LOVLIEN: This schedule will work fine. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. LUKE: The record is now closed. To make oversized photos in the record. I me keep his photos. DALY: Second. VOTE: LUKE: Yes. DALY: Acting Chair votes yes. Minutes of Public Hearing Odin Falls Ranch Application for a Variance closed; with the findings to be 1 provided to us no later than lough time to review the documents Wednesday, August 6. Is this decision, I do not need these that the applicant be allowed to Page 9 of 10 Pages Monday, July 23, 2001 Being no other action brought before the Board, Acting Chair Mike Daly closed the meeting at 11: SS a.m. DATED this 23rd Day of July 2001 for the Deschutes County Board of Commissioners. ATTEST: Recording Secretary Tom DeWolf, Chair Denis R. Luke, Commissioner Minutes of Public Hearing Page 10 of 10 Pages Odin Falls Ranch Application for a Variance Monday, July 23, 2001