HomeMy WebLinkAbout2008-07-21 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, JULY 21, 2008
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Tammy Melton and Michael M Daly; Commissioner
Dennis R. Luke was out of the office. Also present were Tom Anderson, Paul
Blikstad, Cynthia Smidt, Todd Cleveland, George Read and Kristen Maze,
Community Development; Laurie Craghead, Legal Counsel; media representative
Hillary Borrud of the Bulletin; and six other citizens.
Vice Chair Melton opened the meeting at 10:00 a.m.
1. Before the Board was Citizen Input.
None was offered.
2. Before the Board was a Public Hearing and Consideration of First Reading
of Ordinance No. 2008 -018, Amending Code to Permit Hydroelectric
Facilities in the Open Space and Conservation Zone.
Commissioner Melton read the opening statement at this time.
In regard to conflicts of interest, prejudgment and bias, Commissioner Daly said
that he has none; Commissioner Melton said that a work session was held on
this issue previously.
Cynthia Smidt gave a brief overview of the item and of the decision options
available to the Commissioners.
Minutes of Board of Commissioners' Business Meeting Monday, July 21, 2008
Page 1 of 7 Pages
Commissioner Daly asked if the use is permitted outright. Ms. Smidt said that
they are to be landscaped as part of a conditional use, but some locations may
not be part of a landscape management zone. Site plan review is required in
most instances.
Laurie Craghead stated that this will help to make sure that the size and scale of
the use is consistent of the open space and wildlife management zones.
Ms. Smidt said there are two locations where the grade and conditions are
adequate to use for this purpose.
Liz Dickson, an attorney representing Central Oregon Irrigation District and
Swalley Irrigation, said that the applications and situation are unique. "Green
power" is highly supported but rivers can no longer be used to generate power;
therefore, there are few locations where this can be done. This project, in two
locations, should provide power for about 3,900 homes. She then distributed a
sheet with her recommended provisions. She does not feel a conditional use
permit is necessary, as the issue is already addressed through statute.
At this time a mechanical engineer for Swalley Irrigation, Ron Strobel, gave an
overview of the equipment needed for this purpose.
Ms. Craghead said that she recommends the hearing be left open until Monday,
August 28 at the 10:00 a.m. business meeting so that they can work with the
applicant on some of the details.
Commissioner Daly voiced concern about this being an outright use; he prefers
that there be some conditional use approval. Ms. Smidt pointed out that there is
a cost to file for a conditional use.
The hearing was recessed until August 28, 10:00 a.m.
3. Before the Board was a Public Hearing and Consideration of First Reading
of Ordinance No. 2008 -022, Amending Code to Add Recreational Vehicles
to the Existing Code Allowing Manufactured Homes as a Temporary
Residence for Medical Conditions.
Commissioner Melton read the opening statement at this time. The
Commissioners said that there is no conflict of interest.
Minutes of Board of Commissioners' Business Meeting Monday, July 21, 2008
Page 2 of 7 Pages
Kristen Maze said that this would be an addition to Code. The Planning
Commissioner recommended approval of the Ordinance as drafted.
The State requires periodic review of these instances but does require notice of
the use to neighbors. She then detailed a few key provisions and how
foundations would be handled. She said two statements from citizens have
been submitted who are concerned about abuse of this policy.
Teresa Rozic testified that she supports the ordinance, and would not have
opposed it if she had received notice of an application. She lives in an area
zoned MUA -10 and the lot sizes are about 1.5 acres. (She presented a photo of
a manufactured home that is now installed as a medical hardship.) She said
the dwelling that concerns her is 1300 square feet on a permanent foundation;
the main dwelling is 1700 square feet. The lot size is 1.2 acres. The second
dwelling is on a poured concrete slab. It has a separate driveway and separate
utilities. She feels allowing an RV would be more of a temporary use than a
manufactured home.
The words "minimum foundation" would cover concerns about how permanent
the foundation would be. If a poured foundation is not needed, whatever the
manufacturer requires for minimum safety should be used. If a lot is smaller
than five acres, an effort should be made to ensure that the dwelling is
temporary. She asked that a system be implemented that ensures an annual
review and removal of the dwelling when the permit expires. She emphasized
the negative effect on smaller acreage and suggested stricter requirements for
those.
Commissioner Daly said that most manufactured homes do not require concrete
blocks but there should be backfill per Code; and the blocks dress it up.
Commissioner Melton stated that the blocks are easy to remove once the
dwelling goes away. A poured foundation would make it that much more
permanent in nature. The ordinance applies no matter what size the acreage.
She asked if the size of the dwelling is addressed.
Ms. Maze stated that a larger dwelling may be needed to house the people who
are affected by the medical need. The only limiting factor is the size of the
septic system; whether the current system would be used or if an additional
system should be installed.
Minutes of Board of Commissioners' Business Meeting Monday, July 21, 2008
Page 3 of 7 Pages
Commissioner Melton stated that what they are deciding today can have greater
ramifications. Ms. Craghead said that Ms. Rozic is asking that no more than the
minimum requirements of the manufacturer be used in regard to foundation,
making it less permanent in nature. Commissioner Daly expressed concern
that pipes could freeze or there could be other issues in this situation.
Commissioner Melton said that perhaps something could be used for aesthetic
reasons. Tom Anderson stated that some amount of skirting is required by
building codes, with insulation.
Dianne Crocker testified that it will be a daunting task as there are over a
hundred now; and asked how it could be enforced in the future.
Commissioner Melton asked if it is being covered by code enforcement. Ms.
Maze said there is a list of temporary medical hardship cases, and officers are
attempting to determine which are in compliance. If the dwelling is still there, a
letter will go to the applicant asking for a doctor to provide confirmation that
need is still there. It is impossible to know if the situation is the same.
Bob Byrtus supports the idea of family members being able to care for each
other. But there needs to be a way to identify what a medical hardship is, and
criteria as to what can make it temporary. Having guidelines to make it more
temporary will help those who apply do the right thing. There are a lot of
subdivisions with lots less than five acres that are more impacted. There could
be as many as 400 now and a lot more in the future.
Enforcement cannot be accomplished without clear guidelines. There should be
a five -year maximum, unless there are special circumstances that can be
justified. This potentially puts neighbors in conflict with each other. One
problem is that they are not temporary in many cases, and he wants to make
sure there is an actual medical hardship and the use is what it was intended to
be.
Commissioner Melton asked if the lot size is part of the criteria, and if a half -
acre would apply. Ms. Maze said the septic system is the limiting factor.
Commissioner Daly asked Ms. Rozic about the five acre criteria. Ms. Rozic
said that the Code as written is generous; some folks have abused this and have
not removed the dwelling when the use is past. If there is little impact to the
neighbors, it is of lesser concern. She stated that a property under five acres is
the biggest concern and she would like to see stronger conditions on those
smaller lots.
Minutes of Board of Commissioners' Business Meeting Monday, July 21, 2008
Page 4 of 7 Pages
Ms. Craghead stated that the MUA zone is not agricultural in nature and is an
exception to the agricultural zone, but allows more agriculture uses than the
RR -10 zone does.
Todd Cleveland presented a document that gives DEQ requirements in this
regard. An inspection process would be required after five years per the DEQ.
It is not in County Code at this time. Kevin Harrison said the use is regulated in
several other ways: through set up of the manufactured home, with the building
division; the septic system is regulated under DEQ rules, whether a new system
or connecting to an existing system; and the health division regulates that use.
DEQ covers existing systems.
Commissioner Daly asked if this should be added to the Code. Mr. Blikstad
replied that it does not need to. A medical situation could be for six months or
for years, and this is not easily categorized. The zoning code allows this to be
extended. The DEQ rules stand alone. This is not a new issue; for the past few
decades it has been a policy call to help families deal with these difficult
situations. Enforcement has not been a priority so there are ultimately cases of
abuse of the policy.
Commissioner Melton stated that she would like to be able to have people find
out what is allowed in one place in Code, including what DEQ requires. Mr.
Blikstad said that permits are needed from various divisions and this
information is reviewed at the time. Having too much in Code is a problem as
building codes change and Code may then be out of compliance.
Commissioner Daly asked if adding or converting part of a dwelling is allowed.
Mr. Blikstad said that accessory structures are not addressed in Code. Ms.
Maze stated that all that is being proposed is adding RV's and temporary use of
manufactured homes for medical situations. Ms. Craghead observed that if it
takes longer than five years, most other counties assume that other
arrangements would have been made by the family. Commissioner Melton
stated that the economy and generational shifts will cause this to be seen more
often.
Ms. Maze said that no other jurisdictions have limited the size of the dwelling.
Some require proof that the person cannot live in the permanent dwelling.
Commissioner Daly stated that living in the same dwelling is not always
practical or desired. He feels that not being able to build decks or other
structures next to the temporary dwelling is too limiting.
Minutes of Board of Commissioners' Business Meeting Monday, July 21, 2008
Page 5 of 7 Pages
Mr. Anderson said that enforcement has expanded. About five years ago more
proactive enforcement was started; in many situations ownership had changed
or a hardship no longer existed, and the structures were removed. Within the
last year this has been started again. Also, the system now allows automated
follow -up, which reminds the applicant to provide proof the medical situation
still exists.
Additions such as a second driveway, decking and other improvements can
potentially be added by anyone who wants to improve their property aside from
a medical hardship situation.
Because the situation is a bit confusing, the Commissioners asked that a work
session be arranged so that further discussion can take place to clarify some of
these issues. They would like Commissioner Luke to be involved.
Commissioner Melton said that these situations should not go on for decades,
but can see this type of thing happening more for economic reasons in the
future.
DALY: Move that oral testimony be closed, with written testimony
remaining open until August 13.
MELTON: Second.
VOTE: DALY: Yes.
MELTON: Vice Chair votes yes.
4. Before the Board were Additions to the Agenda.
None were offered.
Being no further discussion, the meeting adjourned at 12:00 noon
Minutes of Board of Commissioners' Business Meeting Monday, July 21, 2008
Page 6 of 7 Pages
DATED this 21st Day of July 2008 for the Deschutes County Board of
Commissioners.
ATTEST:
Recording Secretary
Den R. Luke, hair
Tammy (: aney) Belton, Vice Chair
Michael M. i aly, C. missioner
Minutes of Board of Commissioners' Business Meeting Monday, July 21, 2008
Page 7 of 7 Pages
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Subject: kL vivo aA.,„ ve_Jit, 5
Water Quality Division Department of Environmental Quality
340 - 071 -0205
Authorization to Use Existing Systems
(1) Authorization Notice required. Except as specifically allowed in this rule, a person may not
place into service, reconnect to, change the use of, or increase the projected daily sewage
flow into an existing onsite system without first obtaining an Authorization Notice,
construction- installation permit, or alteration permit as appropriate.
(2) Exceptions.
(a) An Authorization Notice is not required to replace a mobile home with a similar mobile
home in a mobile home park or a recreation vehicle with another recreation vehicle in a
lawful recreation vehicle park if the onsite wastewater system has adequate capacity for
safe treatment of wastewater generated within the park.
(b) An Authorization Notice is not required to place into service a previously unused system
for which a Certificate of Satisfactory Completion has been issued within five years of
the date such system is placed into service if the projected daily sewage flow does not
exceed the design flow and the system is in compliance with the requirements of the
Certificate of Satisfactory Completion and applicable requirements in this division.
(3) A completed application for the Authorization Notice must be submitted to an agent with all
required exhibits and the authorization notice fee in OAR 340 - 071 -0140. The exhibits must
include:
(a) A land use compatibility statement from the appropriate land use authority signifying that
the proposed land use is compatible with the Land Conservation and Development
Commission acknowledged comprehensive plan or complies with the statewide planning
goals;
(b) An accurate property development plan;
(c) An onsite system description;
(d) A lot map or equivalent plat map for the property;
(e) Documentation of any hardship claimed;
(f) All other information the agent finds necessary to complete the application.
(4) An agent may issue an Authorization Notice valid for up to one year to place into service or
change the use of an existing onsite system when no increase in sewage flow is projected and
the design flow is not exceeded, if:
(a) The existing system is not failing;
(b) All set -backs between the existing system and structures can be maintained; and
(c) In the opinion of the agent, the proposed use would not create a public health hazard on
the ground surface or in public surface waters.
(5) An agent may issue an Authorization Notice valid for up to one year to place into service or
change the use of an existing system when projected daily sewage flow would increase by
not more than 300 gallons above the design capacity and not more than 50 percent of the
design capacity for the system if:
(a) The existing system is not failing;
OAR ch. 340, div. 071 (03- 01 -05) page 071 -46
Department of Environmental Quality Water Quality Division
(b) All set -backs between the existing system and the structure can be maintained;
(c) A full system replacement area is available and meets all siting requirements in this
division except those relating to soil conditions and groundwater; and
(d) In the opinion of the agent, the proposed increase in sewage flow would not create a
public health hazard or pollute water.
(6) A construction- installation permit is required to place into service or change the use of a
system when projected daily sewage flows would increase by more than 300 gallons above
the design capacity or by more than 50 percent of the design capacity of the system.
'(7) Personal hardship.
(a) The agent may issue an Authorization Notice allowing a temporary dwelling to use an
existing system serving another single family dwelling to provide housing for a person
s
u fe nng har ship or for an individual providing care for such a person if:
(A) The agent receives a hardship approval issued under local planning ordinances;
(B) The system is not failing; and
(C) The agent receives evidence that local zoning and land use planning regulations allow
placement of a hardship temporary dwelling on the subject property.
'b) The Authorization Notice remains in effect for a specified period not to exceed 5 years,
but may not exceed cessation of the hardship. The Authorization Notice may be extended
for additional periods upon application in accordance with the requirements in section (3)
of this rule.
(c) The agent must impose conditions in the Authorization Notice that are necessary to
protect public health.
(8) Temporary placement.
(a) The agent may issue an Authorization Notice allowing a temporary dwelling to use an
existing system serving another single family dwelling to provide temporary housing for
a family member in need if:
(A) The agent receives evidence that the family member is in need of temporary housing;
(B) The system is not failing;
(C) A full system replacement area is available; and
(D) The agent receives evidence that local zoning and land use planning regulations
allow placement of a temporary dwelling on the subject property.
(b) The Authorization Notice may authorize use for no more than 2 years and is not
renewable. The agent must impose conditions in the Authorization Notice necessary to
protect public health. If the system fails during the temporary placement and additional
replacement area is no longer available, the owner must disconnect the temporary
dwelling from the system.
(9) If the conditions of sections (4), (5), (6), (7), and (8) of this rule are not satisfied, the agent
must either deny the Authorization Notice or withhold issuance until necessary alterations or
repairs to the system are made.
page 071 -47 OAR ch. 340, div. 071 (03-01-05)
Water Quality Division Department of Environmental Quality
(a) Alteration or repair requires a permit in accordance with OAR 340 - 071 -0160, 340 -071-
0210, or 340 - 071 -0215. The agent must credit the Authorization Notice fee submitted
with the Authorization Notice application toward the permit fee.
(b) The agent may require submittal of the exhibits described in OAR 340 - 071 - 0160(2) to
complete the permit application and must issue or deny the permit in accordance with
OAR 340 - 071 -0160.
(10) Upon request of the applicant, the department will review an Authorization Notice denied
by an agent. The application for review must be submitted to the department in writing
within 45 days of the Authorization Notice denial along with the denial review fee in OAR
340 - 071- 0140(3) and other information the department finds necessary to complete the
review. The department will prepare a report of the review.
Stat. Auth.: ORS 454.625 & 468.020
Stats. Implemented: ORS 454.615 & 468B.080
Hist.: DEQ 10 -1981, f. & ef. 3- 20 -81; DEQ 5 -1982, f. & ef. 3 -9 -82; DEQ 8 -1983, f. & ef. 5- 25 -83; DEQ 9 -1984, f.
& ef. 5- 29 -84; DEQ 11 -1991, f. & cert. ef. 7 -3 -91; DEQ 27 -1994, f. 11- 15 -94, cert. ef. 4 -1 -95; DEQ 12- 1997, f. &
cert. ef. 6- 19 -97; DEQ 11 -2004, f. 12- 22 -04, cert. ef. 3 -1 -05
OAR ch. 340, div. 071 (03-01-05) page 071 -48
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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., MONDAY, JULY 21, 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 PUBLIC HEARING and Consideration of First Reading of Ordinance No.
2008 -018, Amending Code to Permit Hydroelectric Facilities in the Open Space
and Conservation Zone — Cynthia Smidt, Community Development Department
3. A PUBLIC HEARING and Consideration of First Reading of Ordinance No.
2008 -022, Amending Code to Add Recreational Vehicles to the Existing Code
Allowing Manufactured Homes as a Temporary Residence for Medical
Conditions — Kristen Maze, Community Development Department
4. 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 Monday, July 21, 2008
Page 1 of 5 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, July 21, 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 Formation of Bend Transit District
Wednesday, July 23, 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
Opening Day of the Annual Deschutes County Fair
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)
Wednesday, August 6, 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 Monday, July 21, 2008
Page 2 of 5 Pages
Wednesday, August 13, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Monday, August 18, 2008
10:00 a.m. Board of Commissioners' Meeting
12 noon Regular Meeting of Board of Commissioners and Department Directors
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, August 20, 2008
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, August 21, 2008
11:00 a.m. Meeting with Commission on Children & Families Board; Interview Candidates
Monday, August 25, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, August 27, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, August 28, 2008
5:00 p.m. Joint Meeting of Board of Commissioners and Planning Commission
Monday, September 1, 2008
Most County offices will be closed to observe the Labor Day Holiday
Wednesday, September 3, 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 Monday, July 21, 2008
Page 3 of 5 Pages
Thursday, September 4, 2008
10:00 a.m. Quarterly Meeting with District Attorney
11:00 a.m. Quarterly Meeting with Community Development Department
1:30 p.m. Quarterly Meeting with the Road Department
Monday, September 8, 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, September 10, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, September 11, 2008
7:00 a.m. Regular Meeting with the City of Redmond Council, in Redmond
11:00 a.m. Quarterly Meeting with Mental Health Department
1:00 p.m. Quarterly Meeting with Health Department
Wednesday, September 15, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, September 17, 2008
8:00 a.m. Public Affairs Counsel Conference Call — Legislative Update
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, September 18, 2008
9:00 a.m. Semi - annual Meeting with the County Clerk
10:00 a.m. Quarterly Meeting with Community Justice
Board of Commissioners' Business Meeting Agenda Monday, July 21, 2008
Page 4 of 5 Pages
Monday, September 22, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, September 24, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, September 25, 2008
9:00 a.m. Quarterly Meeting with Fair & Expo Center
10:00 a.m. Semi - annual Meeting with Assessor
11:00 a.m. Quarterly Meeting with Commission on Children & Families
Monday, September 29, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, October 1, 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 Monday, July 21, 20%
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