HomeMy WebLinkAbout2008-04-07 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, APRIL 7, 2008
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Dennis R. Luke, Tammy Melton and Michael M.
Daly. Also present were Laurie Craghead, Legal Counsel; Will Groves,
Community Development Department; and four other citizens.
Chair Luke called the meeting to order at 10:00 a.m.
1. Before the Board was Citizen Input.
None was offered.
2. Before the Board was Consideration of Whether to Hear an Appeal of File
#A -08 -4, a Hearings Officer's Denial of a Non -Farm Dwelling Application
(File #CU- 07 -93; Applicant: Nash).
Will Groves gave an overview of the item. (A copy of his staff report is
attached.) Commissioner Luke asked where the property is in relationship to a
mining site that the Board approved in the past. The Board then reviewed an
oversized map of the general area.
The subject property could be suitable for grazing, per the Hearings Officer.
The Best decision in 1992 said that a non -farm dwelling in the Horse Ridge
area and Millican Valley may trigger a significant amount of similar dwellings
which could tip the balance of resource use. This has been a big block to the
establishment of non -farm dwellings in the area.
Minutes of Board of Commissioners' Business Meeting Monday, April 7, 2008
Page 1 of 4 Pages
Commissioner Luke observed that a non -farm dwelling is in essence a house,
whether it is on farm land or not. A barn or other structure is allowed when a
home may not be.
Mr. Groves said that the parcel was legally created but may not be eligible to a
lot of record dwelling. However, the owners have not held the property long
enough for this.
Commissioner Melton said that on page 10 of the staff report of November 13,
2007, the Board approved a non -farm dwelling for Conyers in an EFU zone.
Mr. Groves said that the Best decision is an interesting policy decision, it is not
a subject of this denial, per the Hearings Officer. Commissioner Luke stated
that the applicant didn't show that this property would be generally unsuitable
for farm use, but the staff report says that the soils are not suitable even if they
were irrigated. Mr. Groves noted that the soil is too porous to hold enough
moisture for any kind of crop or even pasture grass. Probably $400 could be
generated by raising livestock on the property and the Assesor feels that the
value is about $2 per acre.
Commissioner Melton stated that the issue seems to be the other parcel that is
contiguous. At some point it was established that this would be considered
instead of letting each parcel hold on its own. She asked what would happen if
the land was in separate ownership. Mr. Groves replied that this probably was
established by the State to avoid people breaking off parts of a farm and saying
that by itself a parcel is not farmable.
Laurie Craghead added that it is State law regarding contiguous properties.
However, the Hearings officer did not use this as a basis for the denial.
Commissioner Melton said if she had 20 acres she could ask for a dwelling, but
if she had 160 acres with adjacent properties she can't? Mr. Groves said that
the question would be whether the 20 acres could be consolidated with other
property and be profitable. The Hearings Officer found that the ranch is
adjacent and this could be part of it. The applicant has the use of adjacent BLM
land.
Minutes of Board of Commissioners' Business Meeting Monday, April 7, 2008
Page 2 of 4 Pages
Commissioner Daly asked how much impact is a residence on a big piece of
ground have on grazing. Mr. Groves stated that illegal uses of off road vehicles
on private lands is a problem, and negatively impacts grazing. In response to
that was that new dwellings would be welcome in the area to discourage this.
The BLM said that new dwellings have an impact as well, dogs and vehicles.
But the Hearings Officer supposedly did not use this as a basis for denial.
Commissioner Luke asked if the Board could hear this de novo on specific
issues. It is a sensitive valley and unlimited development would not be
divisible
Commissioner Melton asked about the trap club and the paint ball facility were
approved, when a residence isn't. Mr. Groves said that the trap club was easily
approved. Ms. Craghead said that there are a lot of uses that are allowed as a
park use.
Commissioners indicated they want to hear this appeal. Commissioner Luke
feels that some policy discussion needs to take place, but this should perhaps be
heard on a limited basis.
Mr. Groves said that staff said that a lot of groups would want to weigh in on
the issue. Ms. Craghead stated that if the Board feels the Hearings Officer did
use the Best decision in the decision. Staff recommends limited de novo.
Commissioner Luke asked what the basis of the decision was. Mr. Groves said
she found that based on the suitability criteria, the property could be managed
with adjacent properties. Commission Melton stated she is comfortable with a
limited de novo hearing. Commissioner Luke said there are not that many
homes in the area that could be built anyway.
Mr. Groves said that the clock has been extended. Commissioner Luke asked
that staff talk with the applicant and come back at the Wednesday business
meeting with an idea of the timing.
3. Before the Board were Additions to the Agenda.
Consideration of Chair Signature of an Oregon Liquor Control License
Application for Ray's Food Place, La Pine.
Minutes of Board of Commissioners' Business Meeting Monday, April 7, 2008
Page 3 of 4 Pages
Melton: Move approval.
Daly: Second.
VOTE: DALY: Yes.
MELTON: Yes.
LUKE: Chair votes yes.
Being no further items to come before the Board, Chair Luke adjourned the
meeting at 10:35 a.m.
DATED this 7th Day of April 2008 for the Deschutes County Board of
Commissioners.
ATTEST:
(r-ru.uAc. (84,01A__
Recording Secretary
Dennis R. Luke, hair
ichael M. Daly, C t missioner
Minutes of Board of Commissioners' Business Meeting Monday, April 7, 2008
Page 4 of 4 Pages
_.`
Community Development Department
Planning Division Building Safety Division Environmental Health Division
March 27, 2008
117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388 -6575 FAX (541)385-1764
http : / /www.co.deschutes.or.us /cdd/
MEMORANDUM
To: Deschutes Board of County Commissioners
From: Will Groves, Associate Planner
Subject: Board consideration to hear or not hear an appeal (A -08 -4) of a Hearings
Officer decision denying a non -farm dwelling application (CU- 07 -93).
BACKGROUND
The applicants had requested conditional use approval to establish a nonfarm dwelling
on a 160 -acre parcel zoned EFU -HR and located south of Highway 20 and west of
Millican east of Bend. The staff report, dated November 2, 2008, recommended denial.
A public hearing on the applicant's proposal was held on November 13, 2007. The
Hearings Officer denied the application on March 7 2008. The applicant filed a timely
appeal on March 19, 2008.
The Hearings Officer found the applicants failed to demonstrate the subject property is
generally unsuitable for the production of livestock when considered in conjunction with
the applicants' existing cattle operation on abutting and nearby lands, and therefore
denied the application. Appellant argues that the economics of dry-land grazing and use
changes in the area render the property effectively unsuitable for grazing in conjunction
with the applicants' existing cattle operation.
The applicant has offered to toll the 150 -day clock to allow a timely appeal.
Quality Services Performed with Pride
STAFF DISCUSSION
Staff believes the Hearings Officer has rendered a complete and accurate decision.
Staff also believes that the issue that is the basis of appeal is a fact specific matter and
does not represent a significant policy issue. Therefore, Staff recommends the Board to
decline to hear this appeal. If the Board chooses to hear this appeal, Staff recommends
it is heard limited de novo, only on the specific issue of the subject property's
unsuitability for the production of livestock as considered in conjunction with the
applicants' existing cattle operation on abutting and nearby lands.
DOCUMENTATION
A copy of the staff report and Hearings Officer decision attached for your review.
SCHEDULE
This item is scheduled for a de novo hearing at the Board's regular meeting on April 7,
2008. Please feel free to contact me with any questions or concerns.
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 COUNTY BOARD OF COMMISSIONERS
10:00 A.M., MONDAY, APRIL 7, 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. CONSIDERATION of Whether to Hear an Appeal of File #A -08 -4, a
Hearings Officer's Denial of a Non -Farm Dwelling Application (File #CU -07-
93; Applicant: Nash) — Will Groves, Community Development Department
3. 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.
Board of Commissioners' Business Meeting Agenda Wednesday, April 2, 2008
Page 1 of 8 Pages
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.)
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)
Tuesday, April 8, 2008
7:30 a.m. Family Access Network (FAN) Meeting, Bend Country Club
1:00 p.m. North Corridor Steering Committee Meeting
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. Public Hearing on Proposed Sunriver Mall Project, at the County
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)
Board of Commissioners' Business Meeting Agenda Wednesday, April 2, 2008
Page 2 of 8 Pages
Tuesday, April 22, 2008
7:00 a.m. Bend Chamber of Commerce Forecast Breakfast, Bend Country Club
9:00 a.m. The Group Field Trip (tentative)
Wednesday, April 23, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
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)
6:00 p.m. Public Hearing on Proposed Sunriver Mall Project, at Sunriver
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
Wednesday, May 14, 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, April 2, 2008
Page 3 of 8 Pages
Monday, May 19, 2008
11:30 a.m. Regular Meeting of Commissioners and Department Heads
1:00 p.m. Budget Meeting
Tuesday, May 20, 2008
1:00 p.m. Budget Meeting
Wednesday, May 21, 2008
1:00 p.m. Budget Meeting
Thursday, May 22, 2008
1:00 p.m. Budget Meeting
Friday, May 23, 2008
1:00 p.m. Budget Meeting
Monday, May 26, 2008
Most County offices will be closed to observe Memorial Day
Monday, May 28, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Monday, June 2, 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)
Tuesday, June 3 through Friday, June 6
Association of Counties Spring Conference
Board of Commissioners' Business Meeting Agenda Wednesday, April 2, 2008
Page 4 of 8 Pages
Monday, June 9, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, June 11, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, June 12, 2008
9:00 a.m. Quarterly Update — Mental Health Department
10:00 a.m. Quarterly Update — Health Department
Monday, June 16, 2008
1:30 p.m. Administrative Work Session — could include executive session(s)
Tuesday, June 17, 2008
10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee
Wednesday, June 18, 2008
10:30 a.m. Oregon Youth Challenge Graduation Ceremony
Thursday, June 19, 2008
7:00 a.m. Bend Chamber of Commerce Legislative Policy Council Meeting
10:00 a.m. Quarterly Update — Juvenile Community Justice
Monday, June 23, 2008
10:00 a.m. Board of Commissioners' Meeting — Includes Budget & Fee Schedule Public Hearing
1:30 p.m. Administrative Work Session — could include executive session(s)
Board of Commissioners' Business Meeting Agenda Wednesday, April 2, 2008
Page 5 of 8 Pages
Wednesday, June 25, 2008
10:00 a.m. Board of Commissioners' Meeting — Includes Budget & Fee Schedule Adoption
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, June 26, 2008
9:00 a.m. Quarterly Update — Fair & Expo Center
11:00 a.m. Quarterly Update — Commission on Children & Families
Monday, June 30, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, July 2, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, July 3, 2008
8:00 a.m. Regular Meeting with the City of Sisters Council, in Sisters
Friday, July 4, 2008
Most County offices will be closed to observe the July 4th Holiday
Monday, July 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, July 9, 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, April 2, 2008
Page 6 of 8 Pages
Thursday, July 10, 2008
7:00 a.m. Regular Meeting with the City of Redmond Council, in Redmond
12:00 noon Audit Committee Meeting
Tuesday, July 15, 2008
10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee
Wednesday, July 16, 2008
1:30 p.m. Administrative Work Session — could include executive session(s)
Monday, July 19, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, July 21, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Monday, July 28, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, July 30, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Monday, August 4, 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)
Board of Commissioners' Business Meeting Agenda Wednesday, April 2, 2008
Page 7 of 8 Pages
Wednesday, August 6, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
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, April 2, 2008
Page 8 of 8 Pages