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HomeMy WebLinkAbout2010-06-28 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 28, 2010 _____________________________ Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend __________________________ Present were Commissioners Dennis R. Luke and, by conference call, Tammy Baney and Alan Unger. Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy County Administrator; Laurie Craghead, County Counsel; Tom Anderson, Anthony Raguine, Kevin Harrison, Eric Mone, Peter Russell and Cynthia Smidt, Community Development; and four other citizens. Chair Luke opened the meeting at 10:00 a.m. 1. Before the Board was Citizen Input. None was offered. 2. Before the Board was Consideration of Signature of Order No. 2010-038, Reducing Temporary Restaurant Licensing Fees for Fiscal Year 2010-11. Erik Kropp gave a brief overview of the item. There are several different types of fees, depending on the level of inspection and the number of participants. The Order would reduce the fees by 50% for Fiscal Year 2010-11. The Environmental Health Division will be reimbursed from the general fund. Commissioner Luke asked if someone comes in late, would their fee would be reduced. Commissioner Unger stated that he was on board for reducing the fee to that of fraternal organizations, which would cost the general fund about $24,000. Commissioner Baney indicated that she feels discussion should occur about the time commitment. Minutes of Board of Commissioners’ Business Meeting Monday, June 28, 2010 Page 1 of 7 Pages Commissioner Baney said that State law needs to be altered and she would like to help the community in this fashion for a year and in the meantime help to figure out a way to make the fees equitable. Benevolent organizations are in competition with for-profits and can do this all year. They can also request funding during the year. She is warming up to having the same fee, but does not like the language regarding event coordinators. Commissioner Unger stated that he has not seen this language yet and perhaps it can be revisited on Wednesday. Mr. Kropp asked if the fee for individuals or for groups of 6 or more would be the same. Commissioner Luke does not like the idea of subsidizing. They are established to cover the Department’s costs. Commission Unger feels that a legislative fix is needed. Tom Anderson asked about the vendors that don’t meet the seven day advance notice. Commissioner Unger feels that if they cannot meet this deadline they should have to pay the higher amount. Eric Mone asked about retroactive monies that have already been paid. Mr. Kropp said they will change the language regarding the 50% amount to set amounts for clarification. It was decided that it would be addressed further on Wednesday at the Board’s 10 a.m. business meeting. 3. Before the Board was a Public Hearing and Consideration of First Reading of Ordinance 2010-014, a Text Amendment to Specify and Distinguish Conformance to Performance Standards for County Roads and State Highways. Peter Russell read the preliminary statement. In regard to prejudgment or personal interest, the Commissioners had none. No challenges were offered by the public. Chair Luke opened the hearing at this time. Mr. Russell said that this would codify essentially what has been done in practice for the past ten years. The County typically conforms to State law. This went before the Planning Commission, four to one, with one abstaining. No public testimony had been offered at that point. Minutes of Board of Commissioners’ Business Meeting Monday, June 28, 2010 Page 2 of 7 Pages Commissioners Unger and Baney were satisfied with the Ordinance. No public testimony was offered. BANEY: Move first reading by title only. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Chair Luke did the first reading by title only at this time. The second reading will be held at the Board business meeting on Wednesday, July 14, 2010. 4. Before the Board was a Public Hearing and Consideration of First and Second Readings and Adoption, by Emergency, of Ordinance No. 2010- 018, Amending Code regarding Parking Ratios and Mitigation for Airport Uses. Anthony Raguine conducted the reading of the opening statement. In regard to personal interest or prejudgment, the Commissioners disclosed none. There were no challenges. Chair Luke opened the hearing. The emergency relates to the site plan review criteria and not requiring mitigation. Commissioner Luke asked why there was a ‘no’ vote at the Planning Commission hearing. Peter Russell stated that it had to do with traffic engineer’s discretion, which has since been removed. Laurie Craghead said that because of the construction season being active, she feels that this should be passed now. Mr. Raguine stated that this allows codifying what staff needs to do in this regard. No public comment was offered at the Planning Commission meeting, and the airport manager was supportive. No testimony was offered. BANEY: Move first and second reading by title only. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Chair Luke did the first and second readings at this time, by title only. Minutes of Board of Commissioners’ Business Meeting Monday, June 28, 2010 Page 3 of 7 Pages BANEY: Move approval. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 5. Before the Board was a de novo public hearing on File No. CU-10-2, regarding the Hearings Officer’s Denial of a Conditional Use Permit to Establish a Room and Board Arrangement in the Exclusive Farm Use Zone (Applicant: Anderson). Commissioner Baney asked if there is a matrix available. Commissioner Luke said that there are individuals who wish to testify and that can be done today. Cynthia Smidt conducted the opening statement at this time. In regard to prejudgment or personal interest, bias or conflicts of interested, the Commissioners had none to declare. No comments were offered from the public. Ms. Smidt said the applicant requests a room and board arrangement through a conditional use permit, at 18540 Plainview Road off Highway 20 near Fryrear Road. The property is about 40 acres, and the area is one of small farms. When the applicant applied for a room and board arrangement, staff felt at the time this was the same as a bed and breakfast arrangement. They asked the applicants to address the criteria regarding a bed and breakfast. The Hearings Officer brought up two issues: whether a bed and breakfast would be a form of a room and board and the use of the private well. The Hearings Officer found that the two uses – bed and breakfast and room and board – were distinctly different. Commissioner Luke said that on page 12, item E, the main different between the room and board arrangement and a bed and breakfast appears to bet that the occupancy is indicated as thirty days or less. Ms. Smidt said a bed and breakfast would limit the stay and a room and board arrangement does not. Minutes of Board of Commissioners’ Business Meeting Monday, June 28, 2010 Page 4 of 7 Pages Commissioner Luke asked what the original plan was. The time limit of 30 days is the issue. Ms. Craghead asked if this would qualify for guests fewer than thirty days. Ms. Smidt said that initially they did not specify limits or meals or similar issues. It was because of staff’s change that they submitted additional comments. Commissioner Baney said they had originally requested four rooms usage but reduced it to three. Commissioner Luke stated that three rooms are allowed in other zones. Ms. Smidt said that there is no limit on room usage currently. Ms. Craghead said you can allow uses in a specific zone as long as it is not found in other zones. Commissioner Luke understands that the words “bed and breakfast” had been taken out of the EFU zone language. Commissioner Baney said that the original application was for four rooms and a room and board arrangement with no specified time frame. Commissioner Unger asked where room and board is discussed in the Code. Commissioner Luke said that there seems to be no clear definition in State law or Code of room and board. Commissioner Unger wants to be fair to the applicants. Ms. Smidt agrees that staff feels the same way. Ms. Craghead stated that they have to decide if this is a bed and breakfast or better fits the definition of room and board. Then they have to decide which it is, based on a previous Board decision regarding a miniature golf course in Sunriver. Can it stand alone as a room and board, or is it part of a bed and breakfast. On page 5, second paragraph down, Chair Luke said the idea is to determine if it is specifically excluded. Ms. Smidt stated that a similar use can be authorized, if not listed specifically in any zone. It seems that a bed and breakfast can be a room and board, but a room and board can’t be a bed and breakfast, but not having a definition makes this confusing. Applicant Terry Anderson testified at this time. He presented a statement and some other documents. (A copy is attached for reference.) The shared well agreement issue has been satisfied by the two parties. He explained how they wished to share their property through a room and board arrangement. He included a clarification of the well use agreement, which is signed and notarized. Minutes of Board of Commissioners’ Business Meeting Monday, June 28, 2010 Page 5 of 7 Pages Commissioner Luke asked what Mr. Anderson wants to accomplish. Is it short- term use or longer term? Mr. Anderson said it will probably be both. They are expanding the operation of the facility for horses and want people to be able to stay for that reason. They also need the use of ranch hands. People already stay for a period of time to work with their horses and are not charged for this. Commissioner Baney feels this is very thorough. It appears that there might have been a mistake made and wants to find out whether he has been charged unfairly. Commissioner Unger stated that this is a commercial activity on farm land that involves farm activities, with guests staying an indeterminate amount of time, with rooms being rented out and sharing meals. Commissioner Luke said the original application was for room and board. He asked if the criteria for that was addressed adequately. If the bed and breakfast aspect was not involved, would the room and board been allowable. Ms. Craghead stated that the applicant was asked to address the bed and breakfast criteria based on the original application. There is nothing defined in room and board that requires stays longer than thirty days. Little is defined in the law regarding bed and breakfast. Commissioner Luke asked if the Board could review the original application and make a decision on it. Ms. Craghead said that they had to address the bed and breakfast criteria but had not applied for that. Ms. Craghead said that the Board has to address the bed and breakfast issue and make a finding as to whether the Hearings Officer was correct. Commissioner Luke said that it is clear they meant for it to be room and board. Commissioner Unger stated that they have to come up with findings that clarify this. He asked where room and board is defined. Commissioner Luke said that dude ranches were established in Eastern Oregon through the legislature some time ago, and feels that might have impacted this issue. The language was changed at that time. Ms. Craghead said it was possibly changed in 1995. Ms. Smidt indicated that it might have been changed even earlier than that. Commissioner Luke asked Mr. Anderson if it is his intention to rent out rooms for longer than thirty days and whether they would serve one or more meals each day. Mr. Anderson replied that is the intent. Staff agreed. Minutes of Board of Commissioners’ Business Meeting Monday, June 28, 2010 Page 6 of 7 Pages