HomeMy WebLinkAbout2010-06-24 - Planning Commission Minutes0
CALL TO ORDER
Community Development Department
Planning Division Building Safety Division Environmental Health Division
117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
MINUTES
DESCHUTES COUNTY PLANNING COMMISSION
DESCHUTES SERVICES CENTER
1300 NW WALL STREET, BEND, OREGON, 97701
JUNE 24, 2010 - 5:30 P.M.
Meeting was called to order at 5:30 p.m. by Chair Chris Brown. Members present were
Richard Klyce, James Powell, Todd Turner, Keith Cyrus and Merle Irvine. Absent: Vice
Chair Ed Criss. Staff present were Tom Anderson, Community Development Director;
Nick Lelack, Planning Director; Terri Payne, Senior Planner; and Sher Buckner,
Administrative Secretary.
Minutes of April 8, 2010 were approved.
II. PUBLIC COMMENTS
None.
III. REVIEW OF REVISIONS TO SECTION 2.5 WATER RESOURCES POLICIES — Terri
Hansen Payne, Senior Planner.
Terri spoke about amendments to the water chapters and meeting with Commissioner
Powell and Commissioner Cyrus. Commissioner Powell commented on the meeting and
said that he and Commissioner Cyrus did not have a problem with most of the items in
brackets. They questioned 2.5.3 and what the City of Bend was looking for in that section.
The concept does not seem to make sense. Below it, 2.5.4(a) may have wording that is
too tight. In 2.5.8(e), the Coldwater Springs was originally a publicly generated comment —
there was no inventory of how many springs existed, where they were located, potential
impacts, etc., so they were not sure about the overall meaning. More information is
needed about wetlands in 2.5.9(a) and (b). In 2.5.15(a), Commissioner Powell said
Commissioner Cyrus spoke at their meeting with Terri about a section that is used for
irrigation of his property which is a wonderful spawning area, but it dries up during the
summer; so the implications of saying that all should be protected may not be realistic.
Section 2.5.20 was also an area where the City of Bend wanted all areas protected, and
this has been changed to language indicating we will look to see what is practical.
Quality Services Performed with Pride
Terri said that 2.5.3 has been changed from its original form. We tried to soften the
language to say we will coordinate on it. Commissioner Turner questioned the definition of
"ensure" versus "insure." Chair Brown asked about the language referring to transitioning
a water supply. He is familiar with Avion and wonders what this means, since we have
utility districts that supply water. Terri said all we are trying to do is ensure that we
coordinate with the City. The concern is that we don't pay attention it, the City doesn't pay
attention to it, and things can get confused. Commissioner Turner said the City is facing a
federal mandate to improve the system and is potentially looking at a bond issue for that
work.
Commissioner Cyrus spoke about 2.5.23 and did not understand why we need to be
involved. Nick said the Water Resources Department is required to sign off on land
compatibility statements for projects. Commissioner Cyrus discussed the use of "account
fees," which measure water and add billing for each parcel's owner, and Chair Brown
spoke about people buying property with certain water rights but being able to change a
head gate and ' gain/lose water. Every point of delivery has an account fee. Nick
suggested speaking to Kyle Gorman for draft language, and we need to decide whether
the County needs to be involved. Commissioner Turner said this is a very real problem
but wondered if the Comp Plan is the place to address these issues. The Comp Plan is
the "big picture." Commissioner Irvine agreed that this may be micromanaging and not
part of this process.
Commissioner Irvine asked about 2.5.4(b) and possible health issues with the use of grey
water. Terri said there is pending legislation to clarify this, and by the time it goes through
we will have those guidelines in State statute.
Nick said it seems like everyone is in agreement on the policies but not the subsections.
Maybe we should get the Board's feedback on the process and the level of detail needed.
Chair Brown spoke about minimizing verbiage in the Comp Plan Update. Commissioner
Powell agreed that an overall view is needed, but as the newest Commissioner, he
appreciates being able to see more detail and background information.
Commissioner Cyrus questioned 2.5.20(b) and wondered why it is needed. Terri said that
the federal and state requirements have to be adopted locally. Commissioner Klyce asked
if there are City wellheads on County property, and Commissioner Powell said this would
apply to any well that provides public water. Terri and the Commissioners discussed
giving one version of the Comp Plan Update to the Board with staffs' suggestions shown
separately from those of the Commissioners, versus two versions being prepared for the
Board. Commissioner Klyce suggested eliminating the words "...or a site grading and
drainage ordinance for public water systems... ". The Commissioners agreed with this.
Commissioner Cyrus was uncomfortable with 2.5.21 and felt it was putting a lot of burden
on the Planning Director. Revisions to (a), (b) and (c) were discussed. Use of the word
"facilitate" instead of "ensure" was considered. Regarding 2.5.22, "river and riparian"
should be changed to "river or riparian." Chair Brown suggested not listing specific
affected agencies so no one is potentially left out. The reference to the Planning Director
will be deleted from 2.5.24 and 2.5.21.
Chair Brown asked if the State plays an active role in protecting wetlands, and Terri said
the State is more involved with regulatory practices. Commissioner Klyce thought that
2.6(b) may be a duplicate of what the State is doing. Terri said the reason we included it
is to encourage people to apply for docks, etc., and to be able to give them informational
handouts.
Chair Brown mentioned that the action items issue still has not been resolved. Terri said
that including some action items gives background to the policies. Nick and Terri
discussed having a complete draft for the Commissioners to review sometime in August.
IV. REVIEW OF REVISIONS TO SECTIONS 2.8 WILDLIFE 2.9 OPEN SPACE AND
SCENIC VIEWS AND SITES 2.10 ENERGY AND 2.11 ENVIRONMENTAL QUALITY
POLICIES — Terri Hansen Payne, Senior Planner.
The Commissioners discussed recommending elimination of the references to the
Interagency Report. Commissioner Klyce suggested changing the language to "Update
the Statewide Goal 5 wildlife inventory and review County Code as needed to ensure
adequate wildlife habitat protection." Section 2.8.3 was reviewed, and Commissioner
Cyrus questioned whether this was an action item. Nick discussed Section 2.8.4, with
which Chair Brown was not comfortable. Nick suggested supporting the Greenprint and
encouraging preservation and stewardship for identified areas.
Commissioner Turner spoke about Goal 3 and thought that there probably isn't anything
the County can do at its level. Terri clarified "wildlife tourism." Commissioner Turner
asked about 2.9.4(d) and possible language about wind towers. Nick said we are going to
the Board next Wednesday to discuss small wind energy systems.
Commissioner Klyce suggested having a presentation on landscape management and
how it covers roads before they go too deeply into this section. Terri said it is all listed in
the current Comprehensive Plan, and this will be carried over into the chapter where
resources are listed. Staff could provide a map showing an overlay.
Nick, Chair Brown and Terri discussed landscape management and open space areas and
zoning. Terri added that there isn't much that can be done in open space lands, and they
are not usually involved with private ownership.
Chair Brown thought that hydroelectric energy and biomass energy should be included in
the definition of renewable energy in Section 2.10. Commissioner Turner mentioned
adding "conservation" to 2.10.1, and Terri said she had considered re -arranging the
sections to put that one first. In Section 2.11.7, Commissioner Irvine questioned "free
recycling" and the reference to County composting locations.
V. INITIAL REVIEW OF SECTIONS 2.12 SURFACE MINING 2.13 CULTURAL AND
HISTORIC RESOURCES 3.3 RURAL HOUSING AND 3.4 RURAL ECONOMY
POLICIES — Terri Hansen Payne, Senior Planner.
Chair Brown felt that crushing should be allowed, and it would be most efficient to be sure
that the trucks are full both ways. Nick said that some of the policies in the Cultural and
Historic Resource section may change because the City of Bend and perhaps other cities
may opt out of the current Historic Commission and form their own groups.
Chair Brown discussed the requests from homeowners in the eastern part of the County
who want to put a second residence on their properties. Terri said this is not relevant to
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this part of the Comp Plan — it was addressed in the farm policies but would also be very
hard to do under current statutes.
The Commissioners discussed whether they should support existing economic initiatives
that keep up rural character. Weddings may fall into this category. Home-based
businesses such as mechanic shops were considered. Chair Brown suggested language
saying "support economic development in unincorporated communities."
VI. FOLLOW UP - Terrebonne Community Plan Commercial Policies — Nick Lelack,
Planning Director.
Nick discussed his Memo to the Commissioners and the extent of work that would be
required to change the map, including a traffic impact study which it is likely that the County
would not fund. An applicant would probably have to submit a proposal. Chair Brown asked
if the owners could make one application and do one traffic study for all four parcels, and
Nick said he would check. There may or may not be legal home occupations or pre-existing
uses of the properties as some of the requirements stipulate. Access to Highway 97 was
considered. Nick said there is a challenge in that we cannot pre -determine the outcome of a
quasi-judicial application, i.e., use language that says "support" applications for the tax lots.
Commissioner Turner questioned how much weight this carries as part of a community plan —
someone will still have to come in and apply. Nick said they would base their findings on this.
Commissioner Klyce suggested referring to properties "between B Avenue and Central."
Commissioner Irvine thought that it might be better to specifically identify the lots rather than
try to include them in a general description. Nick will look at this further, and the
Commissioners agreed that the staff should set the policy and let the applicants apply.
VII. CONSIDERATION — Planning Commission Letter to Board of County
Commissioners Regarding Ordinance 2008-019.
The Commissioners reviewed a draft cover letter, to accompany public comments
received regarding this Ordinance, which would be forwarded to the Board. While not
under the Planning Commission's purview, they would appreciate direction from the Board
to the Commissioners for their consideration regarding the water issues. Commissioner
Turner mentioned that the funding assistance is separate. Chair Brown discussed the
potential funding available to South County residents and providing a monthly report.
Commissioners Turner and Powell talked about the requirement for installation of nitrogen -
reducing systems in certain areas. Commissioner Turner and Nick discussed the Sunriver
sewer feasibility study. The cost per lot is dependent on many variables. Nick said that
one consideration is this could be paid over time, as compared to the nitrogen -reducing
systems which have to be paid for up front.
Motion: Commissioner Turner motioned to send the letter to the Board with Chair
Brown's signature on behalf of the Commissioners. Seconded by Chair Brown. Motion
passed unanimously.
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VIII. PLANNING COMMISSION & STAFF COMMENTS.
Nick said that next Wednesday the Board hopes to extend Commissioner Cyrus' term until
August 1 and re -appoint Commissioner Klyce for four more years.
The Commissioners decided unanimously to authorize Chair Brown to sign the Jeld-Wyn
permit on behalf of the group.
Motion: Commissioner Klyce motioned to send Commissioner Irvin and Chair Brown to
the destination resort remapping meeting with the Board as representatives of the
Planning Commission. Seconded by Commissioner Turner. Motion passed
unanimously.
IX. ADJOURN
There being no further business, the meeting was adjourned.
Respectf Ily submitted,
Sher Buckner, Administrative Secretary
NEXT MEETING — July 8, 2010, at 5:30 p.m. at the
Deschutes Services Center, 1300 NW Wall Street, Bend, OR 97701
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