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1995-15275-Minutes for Meeting March 14,1984 Recorded 3/22/1984i ' 0�,,rr 95-152'75 i L a 52 DESCHUTES COUNTY BOARD OF COMMISSIONERS VAR 22 MARCH 14, 1984 - REGULAR MEETING MARYF ft-- Chairman Young called the meeting to order st 10 aNft CJ.. Commissioner Tuttle was present. Commissioner Prante was�x Salem for Mental Health Contract Negotiations. Amendments to Chairman Young read aloud the amendments to the the Agenda agenda. There were no changes or additions. Chairman Young stated for the record that there was a story in a local newspaper last night that could be construed to read that there was a County Official under investigation by the FBI and the Ethics Commission. Mike Maier called the Attorney General's office this morning and we have been assured of two things: It is not a County Official or a County employee and is not the way the story was given to the local newspaper. Public Hearing on Ordinance No. 84-001 Amending the Bend Area General Plan to Eliminate the Require- ment that the Bend Urban Area Planning Commission Hear Quasi -Judicial Appeals (action item) Public Hearing on Ordinance No. 84-002, Amending the Deschutes County Zoning Ordinance to provide new exceptions to yard require- ments Chairman Young read the title of the Ordinance. This Ordinance eliminates the Bend Urban Area Planning Commission from hearing quasi-judicial appeals, but they may call up certain land use decisions for review. MOTION: TUTTLE moved to read the ordinance in its entirety for the first reading and by title only for the second reading. YOUNG: Second VOTE: UNANIMOUS APPROVAL Chairman Young read the first reading of the ordinance. He then opened the hearing for public testimony. Being no testimony, the hearing was closed. Chairman Young read the second reading by title only. MOTION: TUTTLE moved to adopt Ordinance 84-001 amending the Bend Urban Area Plan to eliminate the requirement that the Bend Urban Area Planning Commission h quasi-judicial appeals. W4CHEQ YOUNG: Second VOTE: UNANIMOUS APPROVAL kA�9pC George Read, Planning Staff, explained that approximately 8 to 9 months ago, the Fall River Owners Association filed an application to amend the County Zoning Ordinance and Comprehensive Plan in the Fall River area to allow for 50 foot setbacks from the river. County -wide all streams and lakes have a required 100 foot setback in all zones under the present zoning ordinance. At that time the Planning Staff felt that changing the ordinance in this manner was not appropriate MEETING MINUTES - PAGE 1 VOL 52 mcp_ 539 because the Fall River area was not unique from all other rivers and streams in the County. There has been a re-occuring problem in granting variances to the 100 foot setback for the old pre-existing small lots. These smaller lots of 150 to 300 feet deep are unbuildable when a septic system is installed, a driveway installed, and the required septic repair area sited, to stay within this 100 foot setback. The County's variance criteria are strict and in most cases you must have to show that you cannot in any manner put a dwelling on the lot. This didn't take into consideration slope, existing trees, location of existing septic systems, and existing improvements on the property. The County Comprehensive Plan has a section that states pre-existing parcels that were unduly restricted by the 100 foot setback could apply for relief through the variance process. The 100 foot setback has been recommended and the staff believes it is an important setback to preserve wildlife, feed, cover, spawning areas, to prevent river sedi- mentation, prevents eriosion, improves water quality, and the protection of vegetative fringe along the rivers. There are two methods of regulating the areas along the river. One would be a fixed buffer similar to the 100 foot setback. Another way is a floating buffer; a buffer that acutally considers what is on the land. The fixed buffer is easier and cheaper to administer; however, it is probably not equitable because you cannot consider what is on the property. A floating buffer is a performance standard which entails a lot of staff time. This ordinance is intended to resolve this situation and add, in addition to the variance procedure, an exceptions process to consider certain lots; the old lots created prior to the 100 foot setback. The ordinance provides a method for a person to make application, provide information for staff evaluation, and sets up some criteria for the evaluation. The ordinance sets up a process for the person to donate to the County a conservation easement. One of the advantages of a conservation easement is the protection it gives the County. The ordinance provides for an exception process and some specific criteria for the types of problems which have occured in the past. The Deschutes County Planning Commission held two work shops and a public hearing and recommended the ordinance before the Board. The conservation easement is advantageous if you can demonstrate that there has been a loss of value to your property. This loss can be written off as a charitable contribution on taxes and assessments can be adjusted accordingly. MEETING MINUTES - PAGE 2 0 VOL 52 FACE 540 Commissioner Tuttle explained that most of the changes made by Legal Counsel on the draft were language changes. Commissioner Tuttle suggested that the public hearing be held and public testimony be taken and continue the hearing to next week when there is time to make sure everyone is in agreement as to the language changes and the decision can be made at the next meeting. Chairman Young opened the hearing for public testimony. Lyle Hoffman, Fall River Road, developer of the property testified that this ordinance gives the property owners nothing because when the property was developed the law was that building could be done anywhere from 50 feet back from front property line. The property line is the center line of the river. When the 100 foot property setback was developed, at least 25 feet of the property was taken because they took the river property. Mr. Hoffman stated that this fact makes Fall River Unique from anyother stream. Mr. Hoffman stated that he attended the hearings for the Comprehensive Plan and he asked that Fall River be exempted from the 100 foot river setback. They explained to him that a person could apply for the variance to change the setback requirement. Mr. Hoffman explained that one person received variance approval and built 50 feet from the river. One year later, a person applied for a variance and was denied. Mr. Hoffman stated that there were three or four persons who applied for variances that didn't receive them and that is why they are asking for this change. This change is something they can live with as long as it is clear. Mr. Hoffman asked for some clarification on language within the ordinance. Norman Frebel, Deschutes River Recreation Homesites, testified in support of this ordinance. Mr. Frebel said that the way the ordinance is now it is so highly restrictive that many property owners are finding extreme difficulty in complying. There are some properties in his area that are of no value to anyone. This ordinance will give the Planning Department an opportunity to evaluate further and determine whether it will be proper. Mr. Frebel asked for clarification on the conservation easement. MEETING MINUTES - PAGE 3 Vol, 52 FACE 541 George Read explained that the easement would be to assure the elements of the site plan. This will be clarified at the next meeting. Being no further testimony, the hearing was continued to March 21, 1984. Signature of Commissioner Tuttle explained that these MHD Contract modifications allow for cost of living adjustments. Modification This increases the revenue the Mental Health (action item) Department receives from the State of Oregon. MOTION: TUTTLE moved to sign the contract modifications for the Mental Health Department. YOUNG: Second VOTE: UNANIMOUS APPROVAL Order No. 84-054 Chairman Young read aloud the ordinance. The Appropriations ordinance transfers $3,000 from operating Transfer for contingency to capital outlay. Extension and 4-H Service MOTION: TUTTLE moved to sign Order No. 84-054 District transferring appropriations for Extension (action item) and 4-H Service District. YOUNG: Second VOTE: UNANIMOUS APPROVAL Signature of MOTION: TUTTLE moved to sign the contract for Contracts for E. M. Waldron for Obsidian Avenue Box Obsidian Culvert. Avenue Box YOUNG: Second Culvert VOTE: UNANIMOUS APPROVAL (action item) Appointments Chairman Young read aloud a letter received from to the Redmond Sam Johnson, Mayor City of Redmond, appointing Site and Design members to the Redmond Site and Review Commission. Review They are as follows: Jim Hodson, re -appointment; Commission Dave Kimmel, re -appointment; Jim Kanoff, (action item) re -appointment; Jane Schroeder, reappointment; and Randy Povey, new appointment. The re -appointment terms will expire December, 1985 and Randy Povey's term will expire December, 1986. MOTION: TUTTLE moved to confirm the appointments to the Site .and Design Review Commission for the City of Redmond as discussed in Sam Johnson's letter. YOUNG: Second VOTE: UNANIMOUS APPROVAL MEETING MINUTES - PAGE 4 A . I . vu;. 52 FA,u 542 OLCC Liquor Before the Board of Commissioners were Liquor License Licenses for Mt. Bachelor, Inc.; Sunrise Lodge; Applications and Summitt Lift. MOTION: TUTTLE moved to approve the OLCC licenses for the three Mt. Bachelor applications. YOUNG: Second VOTE: UNANIMOUS APPROVAL Before the Board of Commissioners was a Liquor License for Shari's Management Corporation. MOTION: TUTTLE moved to approve the OLCC lisense for Shari's Management Corporation. YOUNG: Second VOTE: UNANIMOUS APPROVAL Signature of Chairman Young explained that this partition Major Partition, creates a 30 foot easement to allow access to MJP-83-5, Ron parcel £3. Radabaugh MOTION: TUTTLE moved to sign MJP-83-5 for Ron Radabaugh. YOUNG: Second VOTE: UNANIMOUS APPROVAL Being no further business, the meeting was recessed until 2:00 at which time the Board of Commissioners will meet with Mental Health, Home Health and General Health Department Heads. DESCHUTES COUNTY BOARD OF COMMISSIONERS ALBERT A. YOUNG, CHAI LOIP 11RISTOW PRANTE, COMMISSIONER LAURENCE—A. TUTTLE,1COMMISSIONER BOCC:ap MEETING MINUTES - PAGE 5