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HomeMy WebLinkAbout2011-06-27 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, JUNE 27, 2011 _____________________________ Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend __________________________ Present were Commissioners Tammy Baney and Alan Unger; and, by conference call, Commissioner Anthony DeBone. Also present were Dave Kanner, County Administrator; Laurie Craghead, County Counsel; Tom Anderson, George Read, Nick Lelack, William Groves, Peter Gutowsky; and five other citizens. No representatives of the media were in attendance. Chair Baney opened the meeting at 10:02 a.m. 1. Before the Board was Citizen Input. None was offered. 2. Before the Board was Consideration of Second Reading, by Title Only, and Adoption 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 gave a brief overview of the item, and indicated there have been no changes since the first reading. UNGER: Move second reading by title only of Ordinance No. 2011-014. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. Chair Baney conducted the second reading by title only at this time. Minutes of Board of Commissioners’ Business Meeting Monday, June 27, 2011 Page 1 of 9 Pages Minutes of Board of Commissioners’ Business Meeting Monday, June 27, 2011 Page 2 of 9 Pages UNGER: Move adoption of Ordinance No. 2011-014. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. 3. Before the Board was Consideration of Second Reading, by Title Only, and Adoption of Ordinance No. 2011-015, Amending Code to Change Zoning Designation of Certain Property from Surface Mining and Exclusive Farm Use to Rural Residential. UNGER: Move second reading by title only of Ordinance No. 2011-015. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. Chair Baney conducted the second reading by title only at this time. UNGER: Move adoption of Ordinance No. 2011-015. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. 4. Before the Board was Consideration of First and Second Readings, by Title Only, and Adoption by Emergency of Ordinance No. 2011-019, Amending the Comprehensive Plan Map Designation for Certain Property from Urban Reserve Area to Public Facilities. Nick Lelack explained the item and referred to an oversized map of the subject property and area. He said the City of Bend has already taken action and their decisions will be effective on July 15. It is being requested by emergency since the U.S. Forest Service has a new headquarters under construction. The City of Bend will not extend sewer services until the property is within the Urban Reserve Area. Due to Federal sovereignty, the Forest Service was not required to go through a land use process, but chose to do so. Minutes of Board of Commissioners’ Business Meeting Monday, June 27, 2011 Page 3 of 9 Pages UNGER: Move first and second readings of Ordinance No. 2011-019 by title only, declaring an emergency. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. Chair Baney conducted the first and second readings by title only at this time, declaring an emergency. UNGER: Move adoption of Ordinance No. 2011-019. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. 5. Before the Board was Consideration of First and Second Readings, by Title Only, and Adoption by Emergency of Ordinance No. 2011-020, Amending the Deschutes County Zoning Map to Change the Zone Designation for Certain Property from Urban Area Reserve to Public Facilities. UNGER: Move first and second readings of Ordinance No. 2011-020 by title only, declaring an emergency. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. Chair Baney conducted the first and second readings by title only at this time, declaring an emergency. UNGER: Move adoption of Ordinance No. 2011-020. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. Minutes of Board of Commissioners’ Business Meeting Monday, June 27, 2011 Page 4 of 9 Pages 6. Before the Board was Consideration of First and Second Readings, by Title Only, and Adoption by Emergency of Ordinance No. 2011-021, Amending the Comprehensive Plan Map to Expand the City of Bend Urban Growth Boundary. UNGER: Move first and second readings of Ordinance No. 2011-021 by title only, declaring an emergency. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. Chair Baney conducted the first and second readings by title only at this time, declaring an emergency. UNGER: Move adoption of Ordinance No. 2011-021. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. 7. Before the Board was a Public Hearing (continued from May 23) and Consideration of First Reading, by Title Only, of Ordinance No. 2011-009, Creating Zoning Regulations for Small Wind Energy Systems. Peter Gutowsky entered the entire record at this time, and a letter from Paul Dewey of Central Oregon Landwatch, noting their concerns regarding the Ordinance. He included track change modifications of the Ordinance and a final version as well, for review. Laurie Craghead advised that if the Board is comfortable moving forward today, any modifications would have to be read into the record. Chair Baney said that point #2 in the letter from Mr. Dewey has to do with views, and asked if this is appropriate. Laurie Craghead said other than LM, rim rock and wild and scenic area zones, there does not seem any other scenic protection verbiage for view shed. Minutes of Board of Commissioners’ Business Meeting Monday, June 27, 2011 Page 5 of 9 Pages Mr. Gutowsky said Mr. Dewey wants to add this wording, but it is hard to define the language “not adversely impacting” and “existing nearby structures”. This would create challenges since this would go away from a clear and objective standard to one that has to be defined, and is subjective. Mr. Dewey is also asking for site plan review. If this kind of language is included, it may result in legal challenges and appeals. Central Oregon Landwatch does not want towers higher than 30 feet. There are few that are that low to the ground because they cannot catch enough wind to operate without going higher. Central Oregon Landwatch is taking issue with all aspects, including height, noise and lighting. It is up to the Board as to how these challenges should be handled. Ms. Craghead stated that the comprehensive plan has to be a part of this and no direction was given in this regard. Chair Baney noted there were excellent points made, regarding measurements. Mr. Gutowsky said that if adds clarity, this is what they want. They asked that the highest point of the structure is used to define the measurement, which would be the top of the turbine blade. Ms. Craghead said this muddies the language because one may argue that the structure is just the pole and not the blade. Commissioner Unger stated that there were some interesting points made. Scenic views are always a concern but this is not the appropriate time or issue to address this. He does not see that many wind generation units coming about anyway due to the overall cost. Mr. Gutowsky said the definition of a small system is up to 100 kW, per the State. Anything above that is a commercial system. Small systems can be regulated at the local level. You cannot add more energy to the grid than what normally would be produced at that location. This applies to solar as well. The amount of energy going back to the grid is capped by the utility. Commissioner DeBone said he is motivated to go forward on this, but asked about the removal of the unit at the end of a year if not in use. Commissioner Unger explained that there is a proposal regarding certification and a removal clause in the one version. Minutes of Board of Commissioners’ Business Meeting Monday, June 27, 2011 Page 6 of 9 Pages Commissioner DeBone has asked about modifying the approach on some aspects of the Ordinance, in particular the certification requirement language. (Approved Wind Energy generator: Wind turbines must have been approved by Oregon Department of Energy or any other wind energy certification programs recognized by the American Wind Energy Association.) Commissioner Unger would like to leave the certification language in so that certainty and safety can be addressed. Commissioner DeBone asked if there are other references to associations in County Code, although he will go forward with the change as written. Mr. Gutowsky said these references are unlikely in other areas, but he was not certain. Ms. Craghead feels that the broadened language is appropriate. If the unit is not tied into the grid, the utility company will not be involved. Chair Baney opened the meeting for public testimony. None was offered, so the hearing was closed. Commissioner DeBone would like to leave in the language about the structure being laid down, out of sight, if not in use for a period of time. Ms. Craghead stated that the changes would have to be read into the record if the Board wants to move forward with the first reading at this time. UNGER: Move first reading of Ordinance No. 2011-009, with the appropriate changes to be read into the record. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. Chair Baney conducted the first reading of the Ordinance by title only, with the following language change: 8. Prior to issuance of a building permit, the property owner shall record against the property a “Condition of Approval Agreement” that certifies the wind energy system will either be removed from the property or laid down on the ground, horizontally, at the property owner’s sole expense, when use has been discontinued from operating for more than one (1) year. The second reading will be conducted no sooner than July 13, 2011. Minutes of Board of Commissioners’ Business Meeting Monday, June 27, 2011 Page 7 of 9 Pages 8. Before the Board was a Public Hearing (continued from May 23) and Consideration of First Reading, by Title Only, of Ordinance No. 2011-001, Modifying the Comprehensive Plan Map regarding Areas Eligible for the Destination Resort Overlay. 9. Before the Board was a Public Hearing (continued from May 23) 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. Chair Baney stated that the hearings are again open. Peter Gutowsky entered the case file into the record for Ordinance No. 2011- 001 and Ordinance No. 2011-002. He submitted additional testimony submitted by various parties within the allotted time. (The documents were provided for the record at this time.) He said that one thing the Board may want to consider is to keep the hearing open for a period of time. It will allow more information to be submitted and time for review. The Oregon Court of Appeals is reviewing a decision by LUBA on County Ordinances that adopted criteria and procedures of the destination resort mapping process. Mr. Dewey appealed the LUBA decision to the Court of Appeals, so it may be better to let this process occur first before completing this issue. It should probably be continued to sometime in September. Steven Hultberg of Pine Forest Development said he concurs with the timing issue. There has not been time to review Mr. Dewey’s documents and it would be better for all parties to continue the hearing. He stated that a traffic analysis was prepared by Kittleston & Associates on the various properties, considering how much traffic impact there might be. The result was that if the properties are developed at full potential, certain restrictions could be imposed to mitigate, or a new traffic study can take place at such time the resorts are ready to be developed. At this point, it is not known how many units will be built and when. Commissioner Unger stated they are just doing the map, and these other aspects would have more to do with siting criteria. He asked how this fits. Minutes of Board of Commissioners’ Business Meeting Monday, June 27, 2011 Page 8 of 9 Pages Mr. Hultberg said that the transportation plan and zoning map need to include this information. It is prudent to do so, although nothing is going to happen at this point and these things are best addressed more fully at the site approval process. However, LUBA looks at this differently. Ms. Craghead stated that the transportation planning rule is under Goal 12, and at some point this has to be considered. Mr. Hultberg wants to finalize the transportation findings, and the DSL land is also being analyzed by Kittleston. Liz Fancher testified on behalf of Belveron Real Estate LLC. She agreed that this should be set over for a significant amount of time to be able to know where the Court of Appeals is going on the issue. It may make a difference in the viability of whether her clients can continue the process with one property or with both. The decision may allow for more clear direction. She also wants time to review the newly submitted documents. She would like to work with Pine Forest and the County to determine a method for meeting conditions of approval through the map and zone change documents. The County could also decide to take a different tact regarding the destination resort overlay. The other issue raised by Mr. Dewey was related to fire risk, and this can be addressed as well. Also, with the proposed adoption of the land owned by the Forest Service into the UGB Reserve as addressed today, this will change some of her reference materials. She submitted a packet of information to back up findings and suggesting changes. Ms. Fancher asked that Mr. Dewey be invited to address mapping questions that he raised regarding the identification of parcels and ownership on the maps. Mr. Gutowsky stated that this appeared to be a general statement, and has already provided Mr. Dewey with a spreadsheet of the parcels. There is also an exhibit to the Ordinances. There are some grandfathered properties, and others who requested inclusion. Ms. Craghead stated that the maps and description are available on line for review as well. Kameron Delashmutt said he is in favor of postponing the process. He noted that Kittleston is in the process of completing some other traffic analyses in the area, too.