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HomeMy WebLinkAbout2014-08-28 - Planning Commission MinutesCommunity 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 AUGUST 28, 2014 — 5:30 P.M. I. CALL TO ORDER Meeting was called to order at 5:30 p.m. by Chair Christen Brown. Members present were Vice Chair Hugh Palcic, James Powell, Todd Turner and Ed Criss. Absent: Steve Swisher. Staff present were Nick Lelack, Planning Director; Peter Gutowsky, Principal Planner; Peter Russell, Senior Transportation Planner; Paul Blikstad, Senior Planner; and Sher Buckner, Administrative Secretary. Minutes of August 14, 2014 were approved. II. PUBLIC HEARING (continued): TA -14-2 - Text Amendment to Chapter 18.32, Multiple Use Agricultural Zone (MUA-10) and Section 18.128.050 of Title 18 of the Deschutes County Code (DCC) to allow the potential for the creation of new manufactured home parks in the MUA-10 zone, and lessen the requirements for expansion of existing manufactured home parks in the same zone — Paul Blikstad, Senior Planner Paul said that Gary Knight and Ellis Robertson are co -applicants on this proposal, and presented a PowerPoint summarizing the process to date. Mr. Robertson requested more time and would like to see the public hearing continued to October 9. Chair Brown and Paul discussed changes suggested by the applicant. Commissioner Turner and Paul discussed the text amendment being split into two parts with two distinct issues. Nick said that the Planning Commissioners can deliberate on each topic separately if they desire. Commissioner Powell asked if there is a matrix of some sort for what planners would go through during a conditional use request to establish a mobile home park, and Paul said it would have to follow the requirements of the Code. Commissioner Powell and Paul discussed the traffic requirements. Peter Russell said there are two separate hoops for transportation — the Transportation Planning Rule, to determine no significant effect (the facility works just as well post -text amendment as pre- text amendment. A conditional use permit is a different impact. In this particular amendment, because it is such a small amount, a traffic study has been determined not to be required. ODOT also does not require a traffic study in this case — it only affects these lots, not every EFU-zoned lot in the County. Commissioner Powell said that boundaries will change for Redmond and Bend, and he and Peter discussed traffic requirements for more units or if this project expanded in the future. Commissioner Criss asked if this would be in the proposed Bend Urban Growth Boundary. Nick said it is too early to tell because the City is in the early stages after the remand. Larry Brown of the DEQ and Chair Brown discussed rules for expansion of parks and new rules that have changed. Larry said they cannot approve or authorize use of a septic system that will create a public health hazard. They will have to have a consultant evaluate the integrity of the system. Chair Brown asked if the system in the original park had to have an area in reserve. Larry said DEQ rules came into play around 1985 but he is not sure of the age of the current park. Paul clarified that there is no waiving of the new rules — if the existing facility were to be expanded with a new septic system, the existing portion also has to be evaluated. Larry said each system would be evaluated independently, and there has to be a replacement area for the new use. What kicks people into a permit from the DEQ is exceeding the 2500 gallons -per -day requirement. This proposal is on the borderline for who would oversee the operation DEQ or WPCF — a Laundromat would kick it over, for example. A mobile home space is assigned 250 gallons per day, so ten homes is right at the limit. Any kind of new development has to have a replacement area. Commissioner Palcic asked if it was possible for them to coordinate these areas — if you add on ten new units, do you have to have a standalone system or can you add to the existing one? Larry said there would be a system for the ten spaces and there is also an easement option. DEQ recommends right at the start that a consultant be involved to look at soils, etc. Commissioner Palcic and Larry clarified that the 2500 gallons is a total, not from one mobile home. Commissioner Powell asked whether the applicant was limited to a certain area due to having four tax lots, and Larry said no. Chair Brown wondered whether some of this will be required by the City of Bend to be connected to sewer. Larry asked if the sewer system was legally available for the applicant to connect to at this time. Nick said not right now. Larry Medina from the Fire Department said that their purview covers water supplies, and his review of the current text language shows a conflict between Fire Code requirements for widths of roads (20 feet) and what is proposed (30 feet). Water supply would be required to be extended to meet Code, or rural alternatives can be considered. Commissioner Turner asked about a ten -inch water line that extends to the south of Mr. Knight's property and whether that can be extended. Larry said that would be a question for the City of Bend's water department. Commissioner Powell asked what the Fire Department would prefer to see and Larry said the hydrant system is the most reliable, but is costly for excavation, installation of hydrants, etc. The highest percentage of fires across the country is not in stick -built homes. Fire transfer from one lot to another can be mitigated by more space between the homes. Heidi Kennedy testified on behalf of the applicant (for the brand-new park). They have submitted some additional information regarding transportation. Commissioner Criss asked Gary Knight if he had heard any rumors about being added to the UGB, and Gary said for about 15 years. Commissioner Powell asked about the proposed retention of two acres of water/irrigation rights; although not part of the text amendment, does Gary have any specific plans to share about this? Commissioner Powell said they are struggling with 2 situations like this, where a lot of water is going to marginal uses. Gary said they are currently being used for some pasture area, but a lot of the proposed area to be developed will be a park area and reserve area for the septic field. The water will mostly be used where it is at, or transferred to other properties he is not using. Commissioner Turner asked what impact it would have to Gary to continue this hearing to October 9. Gary said he thinks his portion (a new park, not an expansion) is fairly cut and dried; the other issue is the expansion of a park which does not affect him. He would like to get started as soon as possible. Commissioner Turner and Paul discussed what would happen if "Part A" of this text amendment is moved forward, since the two proposals are combined. Nick said the Commissioners can forward this part of the application but the Board cannot consider it until both proposals are before them. Peter Gutowsky testified that there is one application, although there are two separate requests. Technically, we have to continue to hearing for both and not just one due to Alex Robertson's request. There could be more information brought up on October 9 that would change things for this part of the application. Chair Brown said that when we did the Comprehensive Plan, we did it piece by piece and can change it if something comes up. Commissioner Powell disagreed — if the hearing remains open, both for written and oral testimony, then the hearing remains open; and to make a preliminary judgment on any part of the application opens the door to problems. Commissioner Turner suggested the Commissioners could deliberate the issue but stop short of making a recommendation this evening. Commissioner Tunno said that there were two owners with two applications, but in order to save costs, they were combined into one application because they were both legislative in nature. The applicants made the decision to combine their applications and cannot have it both ways. Commissioner Swisher said he would be in favor of Mr. Knight's portion of the application. Commissioner Criss said the only question still is Goal 14 and DLCD, and he sees no other problem with this moving forward as long as the fire issues are covered. Commissioner Turner agreed. Motion: Commissioner Turner motioned to keep the oral and written records open until October 9. Seconded by Commissioner Swisher. Motion passed. III. PUBLIC HEARING: 247-14-000156-ZC — An application to amend the zoning map for the Bend Airport to identify boundaries of Airfield Operations (AO), Aviation Support (AS), and Airport -Related Industrial District (ARID) in Chapter 18.76 — Peter Russell, Senior Transportation Planner Peter summarized the PowerPoint from the previous meeting and discussed options for moving forward. Commissioner Powell asked if he had a problem with a parcel between the descriptions and the zone and mapping, as a private citizen would he have to go through anything different than the City is right now? Peter said we are just clarifying where the zone should be — if a lot line is erroneous, and the County made the mistake, you can apply to have the error corrected. The City did receive a 50% fee waiver since it was partly the County's fault in this case. Commissioner Turner asked who made the error — Peter said it was a third -party vendor contracted to do the digitizing and no one noticed it for 20 years. Commissioner Turner asked if a private citizen would have to be an applicant to have errors corrected if it was the County's error. Peter said we can do it 3 ourselves if it is a minor error; this is a larger issue. We can't identify precisely when the error occurred. Commissioner Powell mentioned that the error has been perpetuated since it was made; Commissioner Palcic asked if this has happened other times. Peter said this is the first one that has come to our attention. Commissioner Palcic and Peter discussed how Peter came across this — Peter said it was during an open house on helicopter operation when the GIS database showed EFU instead of AD Zone. Damian Syrnyk testified for the City of Bend and said they appreciate the amount of research done by Peter Russell and Will Groves on this application. He summarized the reasons for the application and said they believe they have satisfied all applicable criteria. Chair Brown asked about the extension of the northern runway and wondered whether we are mitigating some future complaints or whether they will intensify. Gary Judd, Airport Manager, testified that the patterns will move slightly north, maybe 1000 feet, and the change will not make a big difference. Gary Firestone, Assistant City Attorney said they are just asking to correct the current map. The new extended boundary is not relevant to the zoning — it is just within the City whether that land will end up as airport land or used for other land since it is near the sewage treatment plant. Commissioner Powell read that the boundaries were described in 1980; when you pull this up, that is the tax lot comes up. He overlaid the boundaries requested currently with the original map from the Comprehensive Plan and they match, so there does not appear to be a conflict. He is concerned as to how these descriptors in different ordinances will be covered — are they being eliminated with this text amendment? Gary said that we are asking the County to adopt the map. Some time in the last 34 years, the tax lot changed, but that does not change the boundaries of the map. Commissioner Turner felt this is pretty straightforward. Motion: Commissioner Powell motioned to close the public hearing. Seconded by Commissioner Criss. Motion passed. Motion: Commissioner Powell moved to accept the rezoning on this application as presented and forward it to the Board with a recommendation of approval. Seconded by Commissioner Swisher. Motion passed. Chair Brown and Damian discussed the UGB and potential impacts on applications like Gary Knight's in the previous agenda item. Damian said they are working to satisfy the terms of the 2010 remand order and they need to obtain local adoption by the City and County by April 2016. A team of consultants is working hard to address the remand tasks. Regarding Gary Knight's property, it is proposed that his properties would be included along with another large group. Right now the work is focused on land needs by 2015. Phase II of the work should begin in February (evaluating properties). A submittal needs to be made to DLCD, and they have 30 days to review the initial submittal for completion; they have 120 days to make a decision which could include acting on the proposal as submitted, referring it for a hearing, or one of the parties could appeal a decision. If Gary Knight's property is included in the expansion, it could be by 2016 or 2017. Chair Brown asked if someone wants to appeal, does it exclude other who approve their parcels being included? Damian said if there was one appeal, the process would slow down but not necessarily stop it going forward. 4 Gary Firestone said that the decision is not final until it's final. One appeal could have the effect of changing everything. A remand could happen and depend on DLCD structured its order. Commissioner Turner asked if anyone could appeal; Damian said that the review is in the manner of a periodic review work task — objections have to be filed establishing that they are a party/objector. Commissioner Swisher asked if Gary Knight could get City water/sewer services if his property is included in the UGB. Damian said he would be able to apply to have his zoning changed and the City would work with him. He would be required to hook up if there is a sewer line within 300 feet. If there is an area within the UGB that wants service, they have to apply for annexation. If water is within the area, Gary Knight would have to hook up but the use could be minimal. Commissioner Powell said that what is occurring now may make a difference — Leading Edge and some of the emergency MedFlight rides are coming across sections of urbanized southern Deschutes County at less than 1,000 feet above ground level. If there is any way to encourage them to think about the impact they are having on the larger community, it may be easier to move forward with the Master Plan. Gary Firestone said the City has a fly -friendly program at the airport and there are frequent communications with Leading Edge and Professional Air regarding where their students fly. Once the wheels of the aircraft leave the ground, we have no control and it is all FAA. We try to be persuasive and we are working on it. IV. PUBLIC COMMENTS None. V. PLANNING COMMISSION & STAFF COMMENTS Nick said that we have no meeting scheduled for September 11; we will have a joint meeting with the Board on September 25 regarding agricultural lands. We are working on a potential strategy for moving forward on Goal 11 and will present more on that at the September 25 meeting. Yesterday the Board conducted their hearing on the Code Enforcement Procedures Manual update. The record is open and written comments will be accepted through next Wednesday. Peter Gutowsky discussed changes to Federal Emergency Management Agency and U.S. Fish & Wildlife Service (USFWS) regulations. Today the USFWS listed the spotted frog as threatened under the ESA. In a few months, the USFWS will release critical habitat designations. We will be discussing what options are necessary to consider this in our land use program, whether we need to update the Comprehensive Plan maps and integrate them into our public system. We have also issued a press release for two meetings we will be convening in Bend and Redmond to discuss a portion of our brownfield grant for community -wide assessments. Miller Tree Farm has submitted five phases for a cluster development for 50 lots that are west of Miller Elementary School that would dedicate 450+ acres for open space. Each lot would be two acres in size. They are requesting water from the City of Bend which will require an amendment to the City's public facilities plan. This will be going to a hearings officer in October or November. 5 Chair Brown asked how much notification will take place, on a title report for example, regarding the listing of the spotted frog. Peter said it could involve an amendment to the Comprehensive Plan which would show on DIAL but not on a title report. Peter said we would have to give notice under Measure 56 to everyone affected if we did a plan amendment. Commissioner Palcic said they are already wresting with this in Sunriver and a lot of areas will come into play. We need to think about how the maps will change — the habitat will change over time because it is wetlands. He also spoke about a project in Sunriver that has created new habitat, and now there is a question as to whether it has to be maintained. Commissioner Turner and Peter discussed whether the spotted frog listing will affect irrigation districts. Commissioner Palcic announced that the Sunriver Owners' Association approved its marina project — 86.9% voter approval for a boat launch for members and their guests. Commissioner Turner asked Nick if we can consider at the September 25 meeting whether the agricultural lands project should continue, especially with limited resources. Commissioner Powell said he spoke with Kyle Gorman about what the Planning Commission could do to help with water issues. If the Planning Commission could hold work sessions with irrigation districts to discuss issues such as urbanization of land, destination resorts, etc., that would be helpful. VI. ADJOURN There being no further business, the meeting was adjourned. Respectfully submitted, Sher Buckner Administrative Secretary The video record of this meeting can be located at: http://deschutes.granicus.comNiewPublisher.php?view—id=5 C.1