The URL can be used to link to this page

Home My WebLink AboutDoc. No.2009-206, Gate Permit on Stardust LaneDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701 -1960 (541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of May 6, 2009 Please see directions for completing this document on the next page. DATE: April 28, 2009 FROM: Tom Blust /George Kolb Road Department 322 - 7105/322 -7113 TITLE OF AGENDA ITEM: Consideration of Signature of Document No. 2009 -206, a Gate Permit (No. 2009 -001) allowing Thomas Meyer to maintain a gate located on Stardust Lane within Sno -Cap Vista Estates Subdivision north of Sisters, OR PUBLIC HEARING ON THIS DATE? NO. BACKGROUND AND POLICY IMPLICATIONS: In August of 2008, the Road Department was informed by the Sno -Cap Vista Homeowners Association that Mr. Meyers had installed a gate on Stardust Lane (see attached map). Stardust Lane is a public Road maintained by a Homeowners Association. The Homeowners Association is opposed to the gate and research done by the Road Department indicated that Mr. Meyer did not have a permit for the installation of the gate. At the time of the complaint, the gate was blocking access to approx. 270 feet of Stardust Lane, Mr. Meyer's property and property owned by Randy Layton and Joan Quigley. The Road Department contacted Mr. Meyer and told him that if he wanted the gate to remain, he would have to apply for a gate permit and until that was done, the gate would have to be opened for public travel. Mr. Meyer complied with the request and opened the gate. He then applied for a gate permit on March 30, 2009. The permit has been signed by Mr. Meyer and also the property owners (Randy Layton and Joan Quigley) fronting that portion of Stardust Lane that would be blocked by the gate . Mr. Meyer has stated that the reason for the gate request is to prevent trucks and cars from using the Layton's driveway for a turnaround when they realized that portion of Stardust Lane was a dead -end. Mr. Meyer has a gate installed on his property at the end of Stardust Lane which blocks access to his parcel but that gate is on private property and does not need a permit. The Road Department has been contacted by representatives of the Homeowners Association informing us that they are not in favor of the gate installation and do not want the permit approved. They have also indicated that they will be present at the Board meeting to discuss the issue. As part of the Conditions of Approval for this gate installation, the applicant will be required to provide the Homeowners Association with a key for the gate. FISCAL IMPLICATIONS: There is no fiscal impact to the Road Department as a result of this gate. The Road Department does not maintain these roads and Mr. Meyer would be responsible for the maintenance of the gate RECOMMENDATION & ACTION REQUESTED: The Road Department has reviewed the gate permit and finds that all criteria have been met except for Criteria #5 . At issue is whether this gate is in the public interest since the Homeowners Association is against the installation of the gate. The Road Department recommends that the Board of County Commissioners review the gate permit along with any information provided by the applicant and the residents of the subdivision and make their decision on whether to approve or deny the application. ATTENDANCE: Tom Blust, Department Director DISTRIBUTION OF DOCUMENTS: Copy to Wanda Kunz (ext. 7103) at the Road Department REVIEW LEGAL CO SEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES, COUNTY, OREGON Gate Permit for Stardust Lane located within the Sno -Cap Vista * Estates Subdivision in Township 14 * South, Range 10 East, Section 25 * W.M. Deschutes County, Oregon. * GATE PERMIT 2009 -001 Pursuant to ORS 368.056 the Board of County Commissioners of Deschutes County, Oregon authorizes Thomas Meyers to maintain a gate upon the public right of way described as: Stardust Lane located within the Sno -Cap Vista Estates Subdivision in Township 14 South, Range 10 East, Section 25 located in Deschutes County, Oregon. In accordance with the conditions of approval (Exhibit "A ") and in the location shown on the map (Exhibit "B ") attached hereto and by this reference made a part hereof. DATED this day of , 2009. ATTEST: Recording Secretary BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMY BANEY, CHAIR DENNIS R. LUKE, VICE CHAIR ALAN UNGER, COMMISSIONER Page 1 of 2 — Stardust Lane Gate Permit DC-2009-206 EXHIBIT "A" GATE PERMIT 2009 -001 CONDITIONS FOR APPROVAL 1. Gate permit may be reviewed by the County at any time and upon a finding that the gate does not meet the criteria of the Gate Permit Resolution 90 -081, the permit may be revoked by the Board of County Commissioners. 2. The gate design shall be approved by the County Engineer. 3. If the gate is locked, a key must be deposited with the fire district, Sheriff's office and with the Homeowners Association with a map showing the gate location and telephone number of the applicant or contact person. 4. The gate location shall be as shown on the attached Exhibit "B ". 5. Fencing, if required, must be adequate to supplement gate. 6. Access for existing utilities in the area behind the gate must be maintained at all times. 7. If this gate remains in place, the Homeowners Association will no longer be responsible for the maintenance of this portion of Stardust Lane 8. Per Deschutes County Code 10.04.020, this gate is for prohibiting motor vehicle traffic only. Pedestrian and horse traffic are still allowed to use the public right -of -way. THOMAS MEYER, APPLICANT TOM BLUST, DIRECTOR Page 2 of 2 — Stardust Lane Gate Permit DATE DATE 90- z'76o7104 " 1491 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESC A Resolution Establishing Standards and Procedures for * the Issuance of Gate Permits * Pursuant to ORS 368.056. RESOLUTION NO. 90 -081 usi COUNTY / OREGON' 90 .0 "3 111110:., `'• _tiL'f- r L0041;5 r< 1 < :ry..41101 f F� C (� NTY 1S9 WHEREAS, ORS 368.056 permits the county governing body to issue permits allowing a person to construct a gate on a public road under the jurisdiction of the county governing body; and WHEREAS, due to a recent increase in gate permit applica- tions, the Board of County Commissioners finds it necessary to establish standards and procedures for issuing gate permits; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. The Board directs that persons or public agencies requesting gate permits across public roads under the jurisdiction of the Board of County Commissioners make applica- tion for such permits to the Director of Public Works of Deschutes County. The Department of Public Works is authorized to develop whatever application forms may be necessary to ade- quately evaluate gate permits under the standards set forth below. Final decisions shall be made by the Board of County Commissioners upon the recommendation of the Public Works Direc- tor. Section 2. Gate permits shall be issued upon payment of a $100.00 fee to the Department of Public Works to offset the costs of processing the application, inspecting any activities within the right -of -way and developing standards of installation to be met by the applicant, and upon a showing that the approval standards set forth below are met. Public agencies shall not be charged a fee for any gate permit. Section 3. Gate permits shall be issued to private party applicants only upon a showing that: 1. The road is a dead -end road; 2. The road is not generally used by the public; 3. The gate will not restrict access to any parcels owned by others unless the owners have joined in the request; 4. The gate will not restrict access to public land; and 1 - RESOLUTION NO. 90 -081 104 •' 1 92 5. It otherwise appears to be in the public interest to allow the gating of the road. Section 4. Gate permits issued to public agencies, such as the Oregon Department of Fish and Wildlife and the Oregon Depart- ment of Forestry for such reasons as protection of fish and wildlife, prevention of forest fires and protection of water- sheds, shall be issued only upon a showing that the public interest in restricting access outweighs the burdens imposed upon the public and private landowners, if any, affected by erection of a gate. Gate permits granted under this provision may be issued upon a seasonal basis to reflect seasonal needs of public agencies, such as protection of fish and wildlife, forest or watershed resources, and shall be issued for the minimum time period necessary to achieve the sought after benefits. Section 5. For the purposes of this Resolution, the term "public agency" shall refer to agencies of federal, state and local government. Special districts, such as road districts, are specifically excluded from that definition. DATED this o(/ day of Recording Secretary 2 - RESOLUTION NO. 90 -081 1990. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES C� TY, OREGON *IS : 'TOW PRANTE, Commissioner rRa (I OMIT 'COP Chair MAUDLIN, Commissioner Stardust Lane Gate Permit Locator Map 1,000 Key NEENNEE Highway 97 --1— Railroad Taxlots elassztolo County Roads BLM 2,000 3,000 April 23, 2009 4,000 Feet The information on this map was derived from digital databases on Deschutes County's G.I.S. Care was taken in the creation of this map. Deschutes County cannot accept any responsibility for errors, omissions, or positional accuracy and therefore, there are no warranties which accompany this product. However, notification of any errors will be aaoreciated. Map Deschutes County Road Department Created John Anderson, GIS Specialist Phone: (541) 322 -7102 Email: johna@co.deschutes.or.us Address: 61 150 SE 27th St Bend, OR 97702 P:\ArcGIS_Projects \Gates \Northwest Way RECEIVED MAY 3 1 2009 DESCHUTES CO ROAD DEPT Road Department 61150 SE 27th St. • Bend, Oregon 97702 [541) 388 -6581 • FAX [541) 388 -2719 GATE PERMIT PROCESSING FORM *$100.00 NON - REFUNDABLE PERMIT FEE* This gate permit request form is to be used pursuant to Resolution No. 90 -081. It is the function of the Department of Public Works to process all permit requests in compliance with five criteria established in the resolution, and to make a recommendation to the Board of County Commissioners. APPLICANT NAME AND ADDRESS: fie 9970 6 Z , LJf ; c? czAT ,77,.5 . SIGN TURE OF APPLICANT: DATE OF APPLICATION: FEE PAID: 4/ex,, oe, TELEPHONE NUMBER: CRITERIA EVALUATION Name and Location of road proposed to be gated: 1. Is this a dead -end road? g 2. Is the road generally used by the public? Yes 3. Will the gate restrict access to any parcels owned by others. * If yes, application must include affected parties signatures. 4. Will the gate restrict access to public land? Yes No 6-9 & 6540 5 -.0 () EY 5. Does it appear to be in the public's interest to allow the gating of the road? Yes No /‘ 7% / 141 e i22a 6. Is the road in a recorded subdivision? 1' ?c CEO --, '-/-6-7„ 0/2 97732 7. Name of subdivision )N "C V� A �-i 8. Tax map of affected parcels must be included with application. 6ED e!o tr !KOt.{'3 t.;t J.,1/4" (2.1■61212 Date: Evaluator Comments: 17 u is i,..) I SS (.16- &U 6 JNEi? -i&X G2✓17 sfl s CAS fir M&T. T ice -is oPPos a,<l QUM TI t-}oytne.-Owtil5 Ass aur9 -1loi1 17 JA (-o5 7ir5 rnby ACE- PLIWAPArd, Nl, Al Int eil - I 'Iv Q st307 - CA( Ats,>g; &Ir.. Public Works Director Recommendation: Approve Deny Evaluator Name: a411/ .e92164 3/a /e) 4/Z-ilp9 Signature: Date: Quality Services Performed with Pride 141026A000101 RESEARCH OF SOUTH SPUR OF STARDUST LANE CREATED IN 1968 PLAT OF SNO -CAP VISTA ESTATES 7/7/2008 MJB -NOT TO SCALE- 141026A000100 141025B000700 141025B000701 141025B004200 VISTA RIDGE 141025B001000 141025B000900 141026A000102 141026A000601 SOUTH SPUR OF STARDUSTLANE: SIXTY FOOT WIDE PUBLIC ROAD DEDICATED IN 1968 SUBDIVISION OF SNO -CAP VISTA ESTATES 141026A000500 141026A000400 • e(ro(. ► -- .,00 i maid gtg 1 f' 141025B003700 Gkx 141025B003600 141025B003400 141025B003501 141026A000705 141026A000703 141 0 00704 SOUTH LINE OF 1968 SUBDIVISION OF SNO -CAP VISTA ESTATES 141025B003800 (Dcito/f2) l zA/A1" ,e0VA22) �✓`�GYZ�cG > 7i ''s ow/ 1VE y !f%cZ/11 /9- 614'49 0 Vet' 141026A00 GATE PERMIT ON STARDUST LANE IN PLAT OF SNO -CAP VISTA ESTATES SEC. 25, T14S, R10 E. 4/23/2009 MJB -NOT TO SCALE- SIGN INSTALLED BY SNO -CAP VISTA HOME OWNERS ASSOCIATION IN 2000 "DEAD END NO TURN AROUND" T 25B0009 141026A000102 GATE LOCATION IN PUBLIC RIGHT OF WAY COMMENT: TRUCK AND AUTO TRAFFIC CURRENTLY USE LAYTON'S DRIVEWAY FOR TURN AROUND. 5B003501 EXISTING GATE LOCATION DN PRIVATE PROPERTY