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HomeMy WebLinkAbout2008-03-19 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 WEDNESDAY, MARCH 19, 2008 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Dennis R. Luke, Michael M Daly and Tammy Melton. Also present were Ruth Wahl and Paul Blikstad of Community Development; Laurie Craghead, Legal Counsel; media representatives Allison Martin of KOHD TV and Hillary Borrud of The Bulletin; and approximately twenty 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 a Hearing on the Thornburgh Resort Conceptual Master Plan Remand from the Land Use Board of Appeals. Laurie Craghead explained that attorney Paul Dewey submitted a letter that was part of the record, but also submitted two previous letters that were not a part of the remand period and were submitted afterwards. She said that the first letter contains legal arguments. Any reference to the two letters would have to be new evidence and cannot be considered. This issue can be appealed to LUBA, however. The Board's deliberations and findings should show that these letters are not admissible. The deadline for documents relating to this issue was 5:00 p.m. on February 29, and no testimony can be taken at this time. The agenda request was in error when it indicated a hearing would take place at this time. Minutes of Board of Commissioners' Business Meeting Wednesday, March 19, 2008 Page 1 of 7 Pages Ruth Wahl stated that a work session was held on March 12, at which time staff and the Board went over the information that had been received. She said in regard to the first issue, the 2 to 1 ratio, demonstration of this will be required at the CMP level that this will be achieved throughout each phase. Some inconsistencies need to be corrected and adjustments made to the overnight lodging chart. The discussion was that the petitioners felt this could not be addressed with a new finding. They feel this is new evidence and the CMP record should be reopened. Staff does not view it as new evidence, however. The County can impose a condition of approval or request a clarification, and staff recommends that the Board require corrections be made. One modification is that the overnight density calculations table in Phase C will be instead in Phase B. Fifty hotel units will be developed and the legend in the phasing plan will be corrected. Ms. Craghead said that if this is a condition of approval, the Board would have a corresponding finding. She believes that this condition of approval would meet the remand from LUBA. She added that Board findings and decisions made today are appealable to LUBA. Commissioner Daly asked if this would satisfy the concerns of LUBA. Ms. Craghead replied that this is allowed by Code and staff recommends it. Commissioner Daly noted that this is not a huge change from the original. Ms. Craghead said that all of the information was in the record, but LUBA said there were some inconsistencies. This would clarify any ambiguities. Commissioner Melton asked if this was evidence already in the record. Ms. Craghead said that it was raised by the petitioner on appeal. Staff feels it is there and only requires clarification by Thornburgh. LUBA did not find that it was additional evidence. The record includes about 6,000 pages that LUBA and the Court of Appeals have reviewed. The Board consensus was that this condition should be in the findings. Issue #2 has to do with the third assignment of error, regarding financial assurances for the 150 overnight units. LUBA found inconsistencies with an ORS. The State says that at least fifty units of overnight lodging must be built first. The petitioner argues that the units have to be identified to show access. LUBA says only that is has to be consistent with the ORS. Minutes of Board of Commissioners' Business Meeting Wednesday, March 19, 2008 Page 2 of 7 Pages Commissioner Luke said that it would be a 2:1 ratio throughout, having fifty units before selling lots. Ms. Craghead stated that they also need to at least bond the other 100, and all 150 have to be in place by bonding or building before selling any lots. Commissioner Melton asked why they have not identified where they would be located. Ms. Craghead stated that they will be identified with the corrected phasing plan and density chart. It will be addressed in other conditions. The Board consensus was that this condition should be in the findings. Per Ms. Wahl, issue #3 relates to the County failing to show that the phasing plan will maintain the 2:1 ratio, and it is an error to approve the CMP without this in place. This was the fourth assignment of error from LUBA. The overnight calculations and density chart will be constructed in Phase D. Ms. Craghead added that the 2:1 ratio was calculated at 62.5, based on the 125 lots. There was some confusion as to when the hotel was to be built and in which phase. It won't be part of the first fifty units but is part of the 2:1 ratio. Commissioner Luke asked if they could build it sooner. Ms. Craghead said that they could, but this could require an amendment of the final master plan or the CMP. The Board consensus was that this condition should be in the findings. Ms. Wahl said issue #4 deals with an assignment of error in Goal 8, access within the project. They must demonstrate that the CMP complies. The petitioner says that there is not enough evidence in the record in this regard. Staff disagrees. LUBA indicates that findings must be made at the CMP level. Commissioner Luke stated that it appears that everything that is in the record did not make it into the findings. Ms. Wahl replied that there was a lot of discussion regarding adequate access in the resort, and it is all in the record. Staff recommends that the Board make this finding. The Board consensus was that this condition should be in the findings. Minutes of Board of Commissioners' Business Meeting Wednesday, March 19, 2008 Page 3 of 7 Pages In regard to issue #5, Ms. Wahl said this was rejected by LUBA and the Thornburgh cross - appeal was also rejected. No lot is to exceed the projected average of 22,000 square feet, but some are over an acre. Staff feels that they should not be able to make such variances without amending the CMP. This clarifies County Code, as there is confusing language that needs to be cleaned up to understand the lot sizes. The proposal was for minimum lot sizes, not maximum lot sizes, and no lot for a single family dwelling should exceed the average of 22,000 square feet. Commissioner Daly asked if this is more restrictive than State law. Ms. Wahl replied that this is in County Code and is not addressed in State law. Ms. Craghead added that this is not a remand issue, but is something staff wants to add to clarify the issue. It was mentioned in the notice. Commissioner Daly asked how much larger than 22,000 square feet are some of the lots. Ms. Wahl said that some are up to an acre. As they develop each phase, they would have to show that the lots average 22,000 square feet. In regard to issue #6, the wildlife mitigation plan, Ms. Wahl stated that the Board had found that the applicant's memorandum of understanding with the Bureau of Land Management regarding impacts on federal lands, long range trail planning, etc., should include a plan with the Oregon Department of Fish & Wildlife and the BLM throughout the life of the resort. The Court of Appeals requires more evidence that mitigation is feasible, and that the plan needs to be subject to a public hearing and testimony. The petitioner contends that under Code, the CMP must be denied, and the CMP is the basis for the final master plan. Staff agrees in part, that it should be subject to public review and the process, but at which step? Based on substantial evidence in the record, the wildlife mitigation plan must comply at the CMP level. The Court of Appeals decided that the County did not adequate find this, and might have postponed the determination until the FMP step. This would indicate that the wildlife mitigation plan could take place at the FMP level. Staff wishes to verify whether the Board wants this to happen at the FMP level. Ms. Craghead added that there is enough information in the record that it could be mitigated, but there would be a public hearing process as part of the FMP process. It can therefore be appealed. Minutes of Board of Commissioners' Business Meeting Wednesday, March 19, 2008 Page 4 of 7 Pages Commissioner Melton asked if the plan itself is not in the record. Ms. Craghead said that it would be postponed to another hearings process. Commissioner Luke added that the FMP would not be signed until the wildlife mitigation plan is approved by the Hearings Officer or appealed to the Board. Commissioner Melton asked why it could not be addressed at this time. Ms. Craghead stated that there is enough evidence in the record that it could be done later There is not enough time to hold a hearing and to write a decision, as the information is due back at LUBA by April 17. The direction from the Board in January was to delay it to the FMP level; the Board asked that the Hearings Officer address it first. Commissioner Luke said that the direction from the Board in January was for it to go to the Hearings Officer; then the Board can look at the record if it is appealed or it can be called up. He would like some time to allow the public to testify. It could still be appealed. Commissioner Daly observed that the CMP won't be approved until it is all done; this just allows more time. Ms. Wahl added that the Court of Appeals gave the option. The Board said in January to have it go to the Hearings Officer first, so staff planned accordingly. Ms. Craghead stated that only portions of the CMP were questioned; the rest was approved. Commissioner Daly said that there were a lot of agencies involved in the wildlife mitigation plan. The FMP is the proper place so they can all provide input. Commissioner Melton asked if there is enough information in the record to move forward to the FMP level. Ms. Craghead replied that there is no plan in the record, but there is an MOU and a lot of discussion, which indicates it is feasible for them to agree to a plan. Commissioner Luke added that they are not saying that there is a plan, just that there is enough information in the record that it appears likely that a plan can be developed. The Board consensus was that this condition should be in the findings. Ms. Craghead said that a written draft of the findings will come before the Board for approval and mailing in mid April. Minutes of Board of Commissioners' Business Meeting Wednesday, March 19, 2008 Page 5 of 7 Pages Before the Board was Consideration of Approval of the Consent Agenda. MELTON: Move approval of the Consent Agenda. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes Consent Agenda Items 3. Approval of Minutes: • Business Meeting: March 12 • Work Session: March 12 • Special Meeting regarding Jail: March 13 4. Economic Development Grant Requests • Network of Volunteer Administrators (NOVA) — Volunteer of the Year Award - Commissioners Luke and Melton granted $1,000 each. • Sisters Outdoor Quilt Show, Improvements — Commissioner Melton granted $1,000; Commissioner Luke granted $500. CONVENED AS THE GOVERNING BODY OF THE 9 -1 -1 COUNTY SERVICE DISTRICT 5. Before the Board was Consideration of Approval of Accounts Payable Vouchers for the 9 -1 -1 County Service District in the Amount of $10,136.44. MELTON: Move approval, subject to review. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes CONVENED AS THE GOVERNING BODY OF THE EXTENSION /4 -H COUNTY SERVICE DISTRICT 6. Before the Board was Consideration of Approval of Accounts Payable Vouchers for the Extension /4 -H County Service District in the Amount of $364.28. Minutes of Board of Commissioners' Business Meeting Wednesday, March 19, 2008 Page 6 of 7 Pages MELTON: Move approval, subject to review. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 7. Before the Board was Consideration of Approval of Accounts Payable Vouchers for Deschutes County in the Amount of $750,483.33. MELTON: Move approval, subject to review. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes 8. Before the Board were Additions to the Agenda. None were offered. Being no further items to come before the Board, Chair Luke adjourned the meeting at 10.•45 a.m. DATED this 19th Day of March 2008 for the D,�schutes County Board of Commissioners. / ATTEST: (fon,,,,,,L 61104 Recording Secretary is R. Luke, Chair ice Chair Michael M. Daly, 9 mmissioner Minutes of Board of Commissioners' Business Meeting Wednesday, March 19, 2008 Page 7 of 7 Pages 0 a ( 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 COLTNTY BOARD OF COMMISSIONERS 10:00 A.M., WEDNESDAY, MARCH 19, 2008 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend 1. 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. Citizens who wish to speak should sign up prior to the beginning of the meeting on the sign -up cards provided. Please use the microphone and also state your name and address at the time 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 record of that hearing. 2. A HEARING on the Thornburgh Conceptual Master Plan Remand from the Land Use Board of Appeals — Ruth Wahl, Community Development Department CONSENT AGENDA 3. Approval of Minutes: • Business Meeting: March 12 • Work Session: March 12 • Special Meeting regarding Jail: March 13 4. Economic Development Grant Requests • Network of Volunteer Administrators (NOVA) — Volunteer of the Year Award - Commissioners Luke and Melton granted $1,000 each. • Sisters Outdoor Quilt Show, Improvements — Commissioner Melton granted $1,000. CONVENE AS THE GOVERNING BODY OF THE 9 -1 -1 COUNTY SERVICE DISTRICT 5. CONSIDERATION of Approval of Accounts Payable Vouchers for the 9 -1 -1 County Service District in the Amount of $10,136.44. Board of Commissioners' Business Meeting Agenda Wednesday, March 19, 2008 Page 1 of 5 Pages CONVENE AS THE GOVERNING BODY OF THE EXTENSION /4 -H COUNTY SERVICE DISTRICT 6. CONSIDERATION of Approval of Accounts Payable Vouchers for the Extension /4 -H County Service District in the Amount of $364.28. RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 7. CONSIDERATION of Approval of Accounts Payable Vouchers for Deschutes County in the Amount of $750,483.33. 8. ADDITIONS TO THE AGENDA Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7 -1 -1 to access the state transfer relay service for TTY. Please call (541) 388 -6571 regarding alternative formats or for further information. 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.) Wednesday, March 19, 2008 10:00 a.m. Special Board Meeting — Thornburgh Conceptual Master Plan Remand 1:30 p.m. Administrative Work Session — could include executive session(s) 6:00 p.m. Public Hearing regarding South County Groundwater Issues, La Pine High School Thursday, March 20, 2008 8:30 a.m. Regular Department Update — Assessor 9:00 a.m. Regular Department Update — Community Justice 11:00 a.m. Annual Meeting with Black Butte Ranch Special Service District Board, at Black Butte Ranch Board of Commissioners' Business Meeting Agenda Wednesday, March 19, 2008 Page 2 of 5 Pages Monday, March 24, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Tuesday, March 25 2008 9:00 a.m. Interviews — Owners Representative for Jail Construction Project 5:00 p.m. (Tentative) Public Hearing regarding South County Groundwater Issues, La Pine High School Wednesday, March 26, 2008 7:00 a.m. Regular Meeting with the City of Redmond Council, Redmond Council Chambers 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, March 27, 2008 9:00 a.m. Regular Department Update — Fair & Expo 11:00 a.m. Regular Department Update — Commission on Children & Families Monday, March 31, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) 2:30 p.m. Drug Court Graduation Ceremony, at the Courthouse Wednesday, April 2, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, April 3, 2008 11:00 a.m. Regular Meeting with Congressional Staff Board of Commissioners' Business Meeting Agenda Wednesday, March 19, 2008 Page 3 of 5 Pages Monday, April 7, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) 3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council) Wednesday, April 9, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) 5:30 p.m. (Tentative) Public Hearing on Proposed Sunriver Mall Project, at Sunriver Thursday, April 10, 2008 12:00 noon Audit Committee Meeting Tuesday, April 15, 2008 10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee Wednesday, April 16, 2008 1:30 p.m. Administrative Work Session — could include executive session(s) Monday, April 21, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Tuesday, April 22, 2008 7:00 a.m. Bend Chamber of Commerce Forecast Breakfast, Bend Country Club Wednesday, April 23, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Board of Commissioners' Business Meeting Agenda Wednesday, March 19, 2008 Page 4 of 5 Pages Monday, April 28, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, April 30, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) 5:30 p.m. Public Hearing on Proposed Sunriver Mall Project Monday, May 5, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) 3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council) Wednesday, May 7, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, May 8, 2008 7:00 a.m. Regular Meeting with the City of Redmond Council, Redmond Council Chambers Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7 -1 -1 to access the state transfer relay service for TTY. Please call (541) 388 -6571 regarding alternative formats or for further information. Board of Commissioners' Business Meeting Agenda Wednesday, March 19, 2008 Page 5 of 5 Pages