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HomeMy WebLinkAbout2013-04-15 Business Meeting Minutes0 wcoeAll { Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org BUSINESS MEETING MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., MONDAY, APRIL 15, 2013 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Alan Unger, Tammy Baney and Anthony DeBone. Also present were Tom Anderson, County Administrator; Nick Lelack, Peter Gutowsky, Peter Russell, and Will Groves, Community Development; Laurie Craghead, Legal Counsel; and two other citizens. Chair Unger opened the meeting at 10:00 a.m. 1. PLEDGE OF ALLEGIANCE Commissioner Unger stated actions are being discussed in the legislature as to whether children should do the pledge every day in school. 2. CITIZEN INPUT None was offered. 3. Before the Board was Consideration of Board Signature of Document No. 2013-181, an Intergovernmental Agreement regarding a COIC Grant from LCDC relating to Large Lot Industrial Sites. Peter Gutowsky stated, for those listening or watching, the Board was well aware of this topic. The coordination authority will be COIC. Signing the IGA's will be all local governments; the cities and counties in the region. Once the sites are identified they will determine how they will be brought forward before going through the entitlement process. He recognized Laurie Craghead Board of Commissioners' Business Meeting Agenda Monday, April 15, 2013 Page 1 of 10 who reviewed the agreement with other attorney's in the region. The path forward will be cities identifying sites. Commissioner Unger thanked Mr. Gutowsky and said this has been a five or six year process. It is a big idea and he appreciates all the work that has been done. Commissioner Baney said she does not see a fiscal impact. She asked what the benefit to COIC is. Mr. Gutowsky said at this point COIC has not specified a cost or fiscal impact on their end. He thinks it will be on a trial basis and does not see a lot of sites. This IGA recognizes they will bring a candidate site before COIC Board. This process identifies six short term sites. It is important the regions are supportive. From staff's standpoint, after COIC endorsed the site, then that is when demands on County staff will take place. Tom Anderson asked if COIC received some grant funding. Mr. Gutowsky said they did get some funding to get the IGA's signed. To his knowledge there is not another grant to go further. Commissioner Unger, the vice chair for the COIC Board, said at the last meeting they did approve this IGA. They are a Board to accept the application but it is up to the applicant to come forward with all the information. As they looked at it they did not think there would be a cost except to give the presentation. Commissioner DeBone asked if this was signed by each county. Mr. Gutowsky said each county and each participating city will sign the IGA. He said it appears everyone is on board and the IGA will be signed by June 30th. Crook and Jefferson counties will adopt a large lot land analysis. By June all pre- requisites will be filed. Commissioner Unger said on the signature lines it just says mayor. As you can not always tell who is signing he suggest that the actual name of the signer be printed out. BANEY: Move signature. DEBONE: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. Board of Commissioners' Business Meeting Agenda Monday, April 15, 2013 Page 2 of 10 4. Before the Board was a PUBLIC HEARING and Consideration of First Reading of Ordinance No. 2013-003, to Change the Ratio of Overnight to Residential Units in Destination Resorts in the Bend Urban Area. Commissioner Unger opened the public hearing and read the opening statement. The Commissioners had no conflicts of interest to disclose. William Groves provided a presentation on the details and background of the Ordinance. He said Weston Investment has applied for a text amendment to Deschutes County Code to change the ratio of overnight to residential units in destination resorts. . The ratio of overnight lodging units to individually owned lots in the resort is 2:1. The amendment would allow 2.5 individually owned lots for each overnight lodging unit in Bend Urban Area destination resorts. The amendment does not allow new construction or high densities beyond what is presently allowed. If the amendment is approved the applicant will use the amendment to modify the mix of units. Having fewer overnight mandatory units could have an affect on residential units. It is set by sewer, water, roads, etc. Any change in the number of units requires modification of the master plan. Analysis would include that infrastructure is adequate. Areas that the Planning Commission had concern with Goal 12, transportation planning. At the time of the Planning Commission hearings they were concerned the issue had not been resolved. Staff feels it would not be a significant issue. The amendment does not allow for expansion of resorts, it would only change the ratio that goes along with the expansion. Argument in favor is that the amendment would comply with state law. The 2.5:1 ratio would provide an appropriate mix of residential and mandatory overnight units. Argument against is if resorts are not required to build as many overnight units they may build fewer overnight units that may bring fewer visitors to Deschutes County. They would like the amendment to be adopted by emergency, which is not in the current amendment. They would like to go out a week to change the text to Board of Commissioners' Business Meeting Agenda Monday, April 15, 2013 Page 3 of 10 allow for emergency adoption. They are also interested in long term certainty for future planning. Course of action: oral and written testimony, close the hearing, staff conduct deliberations, and continue hearing to a specific date and time. Commissioner Unger stated they have received staff testimony and are looking at receiving the applicant testimony. Steve Hultberg with Weston Investment said the Planning Commission and Mr. Groves have done a great job. They were able to respond to questions thoroughly. Construction of a number of units is being planned for the summer. They think they are proposing a pretty straight forward amendment to the code. The state changed from 2:1 to 2.5:1 ratio. What is the best balance for residential/overnight? The new ratio has been in place for over 10 years. Deschutes County is the only county in Central Oregon that has not yet changed that ratio. It affects the bonding for the units and provides the flexibility to build when there is a demand. They are not eliminating, just removing the deadline until the demand is there. This just shrinks the number of units that need to be built by a deadline. Have to look at resorts over a long period of time as they build up over time. That is what this amendment is trying to do. It allows for building by need until a demand is there. If there is demand above what is needed today, it can be done. The have to look at hospitality industry as a whole by region. Empty rooms do not do any good. The demand for additional rooms can be done over time. A few issues that came up with respect to emergency are timing and the fact that this has been before the Board and they are very well of the issues. He said they would like to move forward and resolve the issues. Ms. Craghead said for some clarification the goal was changed 10 years ago but the amendments not until 2007. A year or two after that Goal 8 was changed. If adopted by emergency the ordinance will have to be brought to you next week. Paul Dewey with Central Oregon Land Watch explained why they have the requirement of the ratio. They can get into a discussion of supply and demand and the premise they are operating under but there is a land use system. It requires planning and the most of the building is in UGB's and protects rural areas. Years ago they allowed destination resorts with the 2:1 overnight ratio. People think 2:1 is overnight to residential but it is 2 residential and 1 Board of Commissioners' Business Meeting Agenda Monday, April 15, 2013 Page 4 of 10 overnight. It is an important ratio and although it may fly in the face of market demand from time to time it does protect rural lands. Staff and the Planning Commission have had some very good discussion and he suggested the Board check out what they analyzed. The County does not have to approve the amendment, they have complete discretion. There is a public perception that destination resorts get treated differently. Whether correct or not it is out there. Even in this case Tetherow has violated the rule. Landwatch has never opposed Tetherow. The development is on the west side of Bend where they could have a forest fire. He thinks dense development would be best for those items. The other reason they have decided not to oppose is it does serve as a great fire break with the golf courses. If this means they do not have to build as many overnight units then that is probably ok. If it suggested they can go to more residential units then that is not a good thing. You will not get solid opposition but there is an equity concern more than anything. Tetherow is trying to make a change in the law that benefits them and he would ask they require them to make changes in the law that also benefits the public. Given the location of the resort being right next to the Deschutes National Forest, requiring them to do a management plan for fire suppression to determine if it is safe would be a good condition to require. Another requirement is how much impact this will have on the existing City of Bend? This came about from the proposed Crook County resorts and the impact on the City of Redmond. They wanted them to analyze the impact on other jurisdictions. This is an example of where the Board can include additional restrictions. If you are giving something to the developer then also give something to the public. On the emergency clause, just because it might get appealed is not a reason to grant an emergency clause. He has already put a lot of ideas in writing to the Planning Commission. Commissioner Unger said on the last subject of the emergency clause as they move forward it takes 90 days for an ordinance to be approved and finalized. There are lot more processes to go through. If they want overnights to be built then they should recognize the construction season. Commissioner Baney said the bonding is a piece that would be of sensitivity. Mr. Dewey said there would always be the potential for a financial component Board of Commissioners' Business Meeting Agenda Monday, April 15, 2013 Page 5of10 for the request. Just because there might be things out there he would not think that would warrant the emergency clause. Mr. Hultberg said in evidence of needing the emergency clause is timing. If they have to wait 90 days, then the appeals of six months, they have lost a building season. The shortest time is best for all. He said in respect to changes in the law issues that impacts the City have already been addressed. Fire suppression was addressed at the master plan level. With respect to density, no one is talking about increasing density. With respect to Title 18 that is platted out you can't change everything. There is limited amount of land that is already spoken for. There is no desire to reduce overnight units and increase residential units but to build overnight units for supply and demand. Sunriver has no requirement for overnight units. They have 250 dedicated overnight units that is 16:1. Looking at a ratio from 2:1 to 2.5:1 is minimal. Sunriver and BBR ratios are higher. Mr. Groves said he had no additional comments. Mr. Dewey said he had an additional follow-up comment on something Mr. Hultberg said about most of the land is platted out. Reducing overnights and not increasing residential units for existing resorts would apply to reducing overnights and not allow more residential units. That is for already approved master plan resorts where you do not want to increase residential units. Mr. Hultberg said he is not suggesting that the Board oppose that condition at this point. There is little room and desire to increase residential units. He does not know how it will develop over the next 15 or so years. At that point they would have to readdress water, sewer and transportation. He can not address the future, only now. Commissioner Baney said under the master plan components is there anything with this change that has come into record for 2.5:1 from the forest service or the City? Mr. Groves said there were no comments from the forest service and the City did not want to participate in the process. Commissioner Unger said as they talked about fire risks would this area be included in Bend Fire Plan? Mr. Groves said he was not that familiar with the Board of Commissioners' Business Meeting Agenda Monday, April 15, 2013 Page 6of10 fire requirements there. Nick Lelack said the changes that Mr. Dewey mentioned are the new state law requirements for destination resorts. He participated in that process and Joe Stutler has worked with the resorts to make sure they are fire wise and have best practices for fire management. Commissioner Baney asked the applicant if that is something they support on the record. Ms. Craghead said they already did. She asked if the applicant had any issues in working with the Bend fire wise plans or on supporting those efforts. Mr. Hultberg said he can only speak for Weston, not the residents. There is a condition about wildfire and in becoming fire wise in working with the County Forester. Safety is a paramount concern. Commissioner Baney said she did not see any reason to keep the record open. Commissioner Unger proposed to move forward. Commissioner Baney said close the oral and written testimony and move forward. Commissioner Unger said the April 10th date in the ordinance is a scribers error and it will be changed to today, April 15th Commissioner Unger closed the hearing, oral and written testimony and will have discussion on the ordinance. Ms. Craghead suggested he wait until the end of the session to close, do to some deliberations before closing. Commissioner Unger said they will have deliberations before closing. He asked if there was any discussion. Commissioner Baney said two pieces; one in favor and two in what fashion do they move forward. The first piece is the state is less restrictive. She appreciates staff and the Planning Commissions work. It is easy to get wrapped in the premise of resorts in general. It is different than the standard land use laws. She does not know it they will find a sweet spot. Second, this is not a new resort; this is allowing something to move forward. The day of the resorts has changed. It will look different and she is in favor of this and there is enough evidence in the record that this is the appropriate balance. It is a relatively small change. State land use laws that address how to move forward is now allowing this. Commissioner DeBone said knowing that there are other checks and balances in the system, he is in support. Commissioner Unger said he agrees and is in support also. There are factors on just large scale resort discussion but he felt this is different. As he looks at the challenges with the economy this seems a Board of Commissioners' Business Meeting Agenda Monday, April 15, 2013 Page 7of10 wise step in consideration of the changes and the nature of destination resorts. They are on a path to create success. Commissioner Baney said she is very protective of using the emergency clause. She does not look to use it as a way to streamline a process. She would not use the clause but to the fact that this is allowed by state law, this is more of a housekeeping item. So with this one, she would be in favor of by emergency. What is gong to occur is going to occur regardless. Reasons for wanting extra 90 days would be something that has already been heard. Commissioner DeBone said he supports Commissioner Baney's comments. The reason would be for bonding relief. He supports this process moving forward. Commission Unger said he has a lower bar for the emergency clause. If you look at 90 days, that is too long of a time frame from voting to take affect. He agrees with Commissioners Baney and DeBone. Commissioner Unger closed the hearing. BANEY: Move to close the hearing and give staff direction to bring back the ordinance with the date change and emergency clause. DEBONE: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 5. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $42,757.88. DEBONE: Move approval, subject to review. BANEY: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. Board of Commissioners' Business Meeting Agenda Monday, April 15, 2013 Page 8of10 CONVENE AS THE GOVERNING BODY OF THE EXTENSION AND 4-H COUNTY SERVICE DISTRICT 6. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District in the Amount of $1,410.11. DEBONE: Move approval, subject to review. BANEY: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 7. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $765,333.18. DEBONE: Move approval, subject to review. BANEY: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. 8. ADDITIONS TO THE AGENDA None were offered Being no further items discussed, the meeting adjourned at 11:20 p.m. Board of Commissioners' Business Meeting Agenda Monday, April 15, 2013 Page 9of10 DATED this r Day of Deschutes County Board of Commissioners. ATTEST: Recording Secretary Q..- 2013 for the Alan Unger, Chair my Baney, Vice Chair Anthony DeBone, Commissioner Board of Commissioners' Business Meeting Agenda Monday, April 15, 2013 Page 10of10 PRELIMINARY STATEMENT FOR A LEGISLATIVE PUBLIC HEARING BEFORE THE DESCHUTES COUNTY BOARD OF COMMISSIONERS This is a public hearing on Ordinance 2013-003. The County File Number is TA -12-3. This is an application to amend Deschutes County Code 19.04.040 and 19.106.060(D) to change the ratio of overnight to residential units in destination resorts. The Board will hear oral testimony, receive written testimony, and consider the testimony submitted at this hearing. The hearing is also being taped. The Board may make a decision on this matter today, continue the public hearing to a date certain, or leave the written record open for a specified period of time. The hearing will be conducted in the following order. The staff will give a report on this issue. We will then open the hearing to all present and ask people to present testimony at one of the tables or at the podium. You can also provide the Board with a copy of written testimony. Questions to and from the chair may be entertained at any time at the chair's discretion. Cross- examination of people testifying will not be allowed. However, if any person wishes ask a question of another person during that person's testimony, please direct your question to the Chair after being recognized. The Chair is free to decide whether or not to ask such questions of the person testifying. Prior to the commencement of the hearing any party may challenge the qualifications of any Board for personal interest. This challenge must be documented with specific reasons supported by facts. Should any Board member be challenged, the member may disqualify himself or herself, withdraw from the hearing or make a statement on the record of his or her capacity to hear and decide this issue. At this time, do any members of the Board need to set forth any information that may be perceived as personal interest? I will accept any challenges from the public now. (Hearing none, I will open the public hearing). (STAFF REPORT) Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., MONDAY, APRIL 15, 2013 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT This is the time provided for individuals wishing to address the Board, at the Board's discretion, regarding issues that are not already on the agenda. Please complete a sign-up card (provided), and give the card to the Recording Secretary. Use the microphone and clearly state your name when the Board calls on you to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject of a public hearing will NOT be included in the official record of that hearing. 3. CONSIDERATION of Board Signature of Document No. 2013-181, an Intergovernmental Agreement regarding a COIC Grant from LCDC relating to Large Lot Industrial Sites — Peter Gutowsky, Community Development Suggested Action: Move approval of Board signature of Document No. 2013- 181. 4. A PUBLIC HEARING and Consideration of First Reading of Ordinance No. 2013-003, to Change the Ratio of Overnight to Residential Units in Destination Resorts in the Bend Urban Area - William Groves, Community Development Suggested Actions: Open hearing and take testimony. Board of Commissioners' Business Meeting Agenda Monday, April 15, 2013 Page 1 of 7 CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 5. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District CONVENE AS THE GOVERNING BODY OF THE EXTENSION AND 4-H COUNTY SERVICE DISTRICT 6. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 7. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for Deschutes County 8. ADDITIONS TO THE AGENDA PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to ORS 192.660(2) (e), real property negotiations; ORS 192.660(2) (h), litigation; ORS 192.660(2)(d), labor negotiations; ORS 192.660(2) (b), personnel issues; or other executive session items. Board of Commissioners' Business Meeting Agenda Monday, April 15, 2013 Page 2 of 7 FUTURE MEETINGS: (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572.) Monday, April 15 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, April 18 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, April 24 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Monday, April 29 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, May 1 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, May 2 7:30 a.m. Legislative Conference Call with Public Affairs Counsel Monday, May 6 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) 3:30 p.m. Public Safety Coordinating Council Meeting Board of Commissioners' Business Meeting Agenda Monday, April 15, 2013 Page 3 of 7 Wednesday, May 8 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, May 9 7:00 a.m. Regular Meeting with the City of Redmond Council — Redmond Council Chambers Wednesday, May 15 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, May 16 7:30 a.m. Legislative Conference Call with Public Affairs Counsel Monday, Mav 20 — Friday, May 24 Fiscal Year 2013-14 Budget Meetings and Hearings Monday, May 27 Most County offices will be closed to observe Memorial Day Wednesday, May 29 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, May 30 7:30 a.m. Legislative Conference Call with Public Affairs Counsel Monday, June 3 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) 3:30 p.m. Public Safety Coordinating Council Meeting Board of Commissioners' Business Meeting Agenda Monday, April 15, 2013 Page 4 of 7 Wednesday, June 5 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, June 10 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, June 13 7:30 a.m. Legislative Conference Call with Public Affairs Counsel Monday, June 15 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Friday, June 21 7:30 a.m. State of the County/Forecast Breakfast — Bend Country Club Monday, June 22 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, June 24 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, June 27 7:30 a.m. Legislative Conference Call with Public Affairs Counsel Monday, June 29 10:00 a.m. Board of Commissioners' Business Meeting Board of Commissioners' Business Meeting Agenda Monday, April 15, 2013 Page 5 of 7 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, June 30 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Monday, July 1 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) 3:30 p.m. Public Safety Coordinating Council Meeting Wednesday, July 3 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, July 4 Most County offices will be closed to observe Independence Day Wednesday, July 10 10:00 a.m. Board of Commissioners' Business Meeting 1:30 pm. Administrative Work Session — could include executive session(s) Thursday, July 11 7:00 a.m. Regular Meeting with the City of Redmond Council — Redmond Council Chambers Monday, July 22 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, July 24 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Board of Commissioners' Business Meeting Agenda Monday, April 15, 2013 Page 6 of 7 Monday, July 29 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, July 31 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Monday, August 5 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) 3:30 p.m. Public Safety Coordinating Council Meeting Wednesday, August 7 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to ORS 192.660(2) (e), real property negotiations; ORS 192.660(2) (h), litigation; ORS 192.660(2)(d), labor negotiations; ORS 192.660(2) (b), personnel issues; or other executive session items. 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