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HomeMy WebLinkAbout2011-05-23 Business Meeting MinutesDeschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF BUSINESS MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, MAY 23, 2011 _____________________________ Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend __________________________ Present were Commissioners Tammy Baney, Alan Unger and Anthony DeBone. Also present were Dave Kanner, County Administrator; Laurie Craghead, County Counsel; Tom Anderson, Nick Lelack, George Read, Peter Gutowsky, Will Groves, Peter Russell and Paul Bliksad, Community Development; and six other citizens. Chair Baney opened the meeting at 10:05 a.m. 1. Before the Board was Citizen Input. None was offered. 2. Before the Board was a Public Hearing and Consideration of First Reading of Ordinance No. 2011-009, Creating Zoning Regulations for Small Wind Energy Systems. Chair Baney read the preliminary statement for the hearing. In regard to conflicts of interest, none were disclosed by the Commissioners. No challenges from the public were offered. Peter Gutowsky gave a brief overview of the amendments, which were unanimously supported by the Planning Commission. Commissioner DeBone asked if the wording was suggested by the Planning Commission. Mr. Gutowsky said they gave parameters, and the wording was developed with County Counsel. The Planning Commission reviewed the final documentation and recommends the Board accept. Minutes of Board of Commissioners’ Business Meeting Monday, May 23, 2011 Page 1 of 9 Pages Minutes of Board of Commissioners’ Business Meeting Monday, May 23, 2011 Page 2 of 9 Pages Commissioner DeBone asked if someone wants to develop something other than the specific equipment listed, what would happen. Mr. Gutowsky said that the listed equipment is tested and approved. If someone developed something that is not certified, it may be an issue with the County or the utility company. Commissioner DeBone stated that someone could coordinate this with a utility company, and the County should not stand in the way. Mr. Gutowsky said that the Board can choose to have language that does not require certification by the Oregon Department of Energy or an independent entity (the American Wind Energy Association) that oversees these types of systems. Nick Lelack stated that when a building permit is applied for, the system will be checked to see if it is certified. Laurie Craghead said that she said there is a reason for certification, to make sure of the intent of the equipment and to make sure it is a wind turbine. Commissioner Unger said that under the height limit, people can already try to develop something different. After they have something viable, they will likely go with an acceptable system. Commissioner DeBone asked if it can be used for just pumping water. Mr. Gutowsky said this is for wind energy purposes, not necessarily just for that purpose. Chair Baney opened the hearing to public testimony at this point. Paul Dewey, representing Central Oregon LandWatch, said that they are supportive of this type of energy but are concerned about impacts on neighbors, due to past experience with sound issues and towers. He would like to see compatibility in the Code that will help the landowner but does not get into the views of the mountains, or create decibels that are too high. There should be a way to place it where it does not impact the neighbors. Mr. Gutowsky said that there might be a scattering of taller structures in the eastern part of the County, but most are going to be 80 to 120 feet maximum. The cost is of taller structures is significant. One of the challenges is to fast- track this due to demand. The up-front cost is high. The Planning Commission had very little public input but set a site plan review for those that generate over 15 kW. Larger ones are not cost effective in this area. Minutes of Board of Commissioners’ Business Meeting Monday, May 23, 2011 Page 3 of 9 Pages Mark Patt of Evergreen Energy of Oregon also represents the California Association, which uses the same standards for off and on-grid. The question is whether a new system will be connected to the grid. This is addressed by the utility company. Wind and noise testing is required, and anything new will be expensive to develop. The requirements are very specific. He asked about those systems that might be attached to a building. He thinks that there also needs to be a public hearing for specific locations because it is controversial. A big concern is the potential for wind noise, but the level is less than the sound of people having a conversation. Commissioner DeBone said that he is still concerned why the County should legislate against people who want to try to develop their own type of power generation. Mr., Patt said the safety of the system is important to the utility companies and the County. Mr. Gutowsky said that the County’s work is fee supported, so there has to be some allowance for discretion. Chair Baney asked for further suggestions to be submitted in writing. Commissioner Unger is supportive of the idea of a periodic review to track how it is going for a year or two. Mr. Lelack said that they could put those on the work plan and review what is happening on a regular basis. Commissioner DeBone will list his concerns for a work session discussion. The hearing was continued to June 27, 2011 at 10 AM. 3. Before the Board was a Public Hearing and Consideration of First Reading of Ordinance No. 2011-001, Modifying the Comprehensive Plan Map regarding Areas Eligible for the Destination Resort Overlay. Chair Baney read the preliminary statement for the hearing. In regard to conflicts of interest, none were disclosed by the Commissioners. No challenges from the public were offered. Minutes of Board of Commissioners’ Business Meeting Monday, May 23, 2011 Page 4 of 9 Pages Mr. Gutowsky provided a brief overview of the item, including both Ordinances 2011-001 and 2011-002. He referred to oversized maps showing 112,000 acres that were eligible for destination resort siting in the past. Formal changes to the map would have over 91,000 acres removed from the map since they are disqualified due to changes to Code the Board made last year. There are over 17,000 acres still eligible. 3,187 acres were carried over from the previous map, known as ‘grandfathering’. Over 30,000 forms were sent out with tax statements, resulting in some requests to have the property remain. Pine Forest Development LLC, Belveron Partners LLC, Vandevert Road, LLC, and Delashmutt were some of the applicants to add land to existing land that is qualified. However, some of this land does not meet eligibility criterion. The total added amount is 22,002 acres. These changes in total result in an 80% reduction in the eligible lands map, which is more realistic. Commissioner Unger said you have to have a resort map to know which properties are qualified. Then there is a siting process. He asked about approval time. He asked if a development is already approved, does this impact it. Mr. Gutowsky said the rules in effect at the time of a decision bind a permit, unless it expires. Ms. Craghead said the question is, how long a remand can sit there. Other than a remand, there is a two-year limitation on the final master plan. Steve Hultberg with Ball Janik, representing Pine Forest Development, talked about a transportation issue out of Klamath County, that may need additional analysis and that may be able to provide specific findings that were raised in that case. He needs perhaps thirty days to review and suggest changes. He indicated he will help draft those findings. Under the transportation planning rule, he feels what is there does address this but this recent case may bring up some concerns. Liz Fancher, representing Belveron, asked for an additional thirty days to address this same question. Paul Dewey, representing Central Oregon Landwatch, said he would like to testify after the changes are made. He has some Goal 5 issues to bring up in particular. The hearing on Ordinance No. 2011-001 was continued to June 27, 2011. Minutes of Board of Commissioners’ Business Meeting Monday, May 23, 2011 Page 5 of 9 Pages 4. Before the Board was a Public Hearing and Consideration of First Reading, by Title Only, of Ordinance No. 2011-002, Modifying the Zoning Map regarding Areas Eligible for the Destination Resort Overlay. The hearing on Ordinances 2011-002 was continued to June 27, 2011. 5. Before the Board was Consideration of First Reading, by Title Only, of Ordinance No. 2011-014, Amending Code to Change Comprehensive Plan Designation of Certain Property from Surface Mining and Agricultural to Rural Residential Exception Area. Will Groves said that the Daniels Group LLC has made this proposal. The application was approved in December 2008, resulting in immediate rezoning of the east area of the site. The west area was to be considered upon a request to rezone. The applicant had some delays and finally is able to provide the necessary information. No conditions need to be met for the east area. The west area was not included with those documents. The information has now been provided. The legal description was changed to match the maps. Mr. Groves provided an overview of the affected areas, and some of the history of the site. Commissioner Unger said that the Board was trying to create incentive by allowing some changes so that the bigger area could be addressed. Mr. Groves replied that the Board felt the east area should be rezoned after the appropriate documents were provided. The east area was felt to be ready for human habitation. The west portion has some unknowns and certain requirements are necessary before that portion could be rezoned. Commissioner Unger stated that there are environmental issues in that area and even the approved area will be impacted by those problems. The County has little control over the environmental issues there. Mr. Groves said that the applicant ultimately wants to redevelop the entire property. In order to achieve financial to begin the site evaluation and restoration of the larger piece, part of the property needs to be rezoned so that they can begin. The rezoning does not allow immediate development, but does allow access to financing. Minutes of Board of Commissioners’ Business Meeting Monday, May 23, 2011 Page 7 of 9 Pages Commissioner Unger stated that he spoke with ODOT about this area, and it appears there is no language submitted by ODOT. They will only provide comments if the zoning is known so they can see how the interchange functions. Mr. Russell said ODOT will respond to a specific proposal. They fell it is a rural interchange and designed for rural uses. If this changes, the transportation planning rule needs to be changed. Chair Baney thinks that the language needs to be less specific and not an actual date. Things might happen earlier or very much later. No one knows what will happen with Juniper Ridge, Cooley Road or expansion on the south side of Redmond. Commissioner DeBone said that something specific needs to be said so that it just doesn’t get ignored. Mr. Lelack stated they will be putting forth a comprehensive plan update over the next twenty years, so much will happen anyway. Ms. Craghead the Board can indicate, “When the Board deems it is appropriate”. This is implicit in all documents. Commissioner Unger stated that he was not a part of the hearing process, so will need to abstain from voting. DEBONE: Move first reading of Ordinance No. 2011-005. BANEY: Second. VOTE: DEBONE: Yes. UNGER: Abstain. BANEY: Chair votes yes. Chair Baney did the first reading at this time. The second reading will be scheduled no sooner than two weeks from today. Commissioner Unger asked about the status of the pink building. Tom Anderson said that it is within a landscape management zone, but the ability to regulate the color of the building would only be triggered by a land use action. Commissioner Unger said that seems to allow people to do what they want. Mr. Anderson stated that the County has no control of this even if a formal complaint is made. Ms. Craghead added that this is a non-confirming use and the County would have to prove that the color has an adverse impact on the area. Minutes of Board of Commissioners’ Business Meeting Monday, May 23, 2011 Page 8 of 9 Pages 8. Before the Board was Consideration of Board Signature of Order No. 2011-013, Setting a Date for the Latham Mine Remand Hearing and Hearing Procedures. Paul Blikstad explained the item. The applications were a conditional use on property off Johnson Road northeast of Bend. There have been a series of appeals, and LUBA remanded some back to the County. Some issues will require new evidence so the hearing should be de novo. There are two parties directly involved, but there might be a few other parties interested. Commissioner Unger said that it needs to stay focused to the remand issues. Mr. Blikstad indicated that a work session is scheduled for June 8 to review this information. UNGER: Move approval of Order No. 2011-013, specifying a hearing date of June 13, 2011 at 10:00 a.m. DEBONE: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. 9. ADDITIONS TO THE AGENDA Mr. Kanner advised that LPSCC (Local Public Safety Coordinating Council) needs a couple of citizens appointed to the group. The retired director of the Oregon Department of Corrections is interested. Chair Baney asked about doing a public process, with applications and interviews. There are ex-officio members but the group needs to include at least three citizen members. Chair Baney would like to appoint Shelly Smith of the KIDS Center in any case, and there are several representatives of several other groups who attend a lot of the meetings and would like to take a more active part. Being no further discussion, the meeting concluded at 11:45 a.m.