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HomeMy WebLinkAbout2008-11-03 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, NOVEMBER 3, 2008 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Dennis R. Luke, Michael M Daly and Tammy Baney. Also present were Anthony Raguine, Paul Blikstad and Peter Gutowsky, Community Development; Laurie Craghead, Legal Counsel; media representative Hillary Borrud of The Bulletin; and fourteen other citizens. Chair Luke opened the meeting at 10:00 a.m. 1. Before the Board was Citizen Input. Commissioner Baney stated that the memorial service for PFC Eggleston held at the Fairgrounds was very nice. Commissioner Daly said that he attended the service and also helped put out flags for the City of Redmond, which is a "Flag City, USA ". No other input was offered. 2. Before the Board was Consideration of Approval of the Release of Performance Bonds and Acceptance of Phase I Performance Bond, the Maintenance Bonds for Tetherow Golf Course Clubhouse, Golf Course and Facility Buildings. Anthony Raguine explained the item, which relates to three bonds that are to be changed from performance bonds to maintenance bonds. Laurie Craghead indicated that the projects have been completed; the maintenance bonds will be effective for twelve months. BANEY: Move approval. DALY: Second. Minutes of Board of Commissioners' Business Meeting Monday, November 3, 2008 Page 1 of 8 Pages VOTE: BANEY: Yes. DALY: Yes. LUKE: Chair votes yes. 3. Before the Board was Consideration of Signature of Document No. 2008- 587, an Amendment to Assignment of Developer's Interest in Trust Account under Improvement Agreement (Pronghorn Resort). Laurie Craghead stated that there was an amendment to the improvement agreement already. This document allows the developer to assign interest to others to complete the project if Pronghorn is unable to do. The County will still be protected. Laura Cooper, counsel for Pronghorn, concurred that this is the purpose of the document. The County remains first on the bond. BANEY: Move approval. DALY: Second. VOTE: BANEY: Yes. DALY: Yes. LUKE: Chair votes yes. 4. Before the Board was Consideration of First Reading of Ordinance No. 2008 -021, Amending Code to Exempt Existing Cluster Subdivisions from Certain Destination Resort Requirements if Converting to a Destination Resort (Applicant: Aspen Investment). Commissioner Luke said that he doesn't think he is ready to vote on this today. Peter Gutowsky gave a recap of the history of the item and the various hearings. There were a couple of questions that came out of those meeting. These are addressed in the staff report (a copy of which is attached). The applicant worked with Bruce Andrews, a consultant regarding farm land. LCDC's Director, Richard Whitsell? Provided a letter for the record. The record is now complete and up to date. Commissioner Daly asked if the Mr. Gutowsky or Ms. Craghead had visited the property. They had not. Commissioner Daly said that he took a tour of what is already there, the adjacent areas, Panoramic View Estates and the proposed area to be developed. Minutes of Board of Commissioners' Business Meeting Monday, November 3, 2008 Page 2 of 8 Pages He noted that the existing development has beautiful, high value homes, and looks very good. One portion of the road in the northern part is close to Panoramic View Estates, although there is a good buffer there. He is not sure how it was agreed upon regarding shielding. In the new area, it is a large parcel and is undisturbed land with juniper trees and brush. The bad part about it is that it appears to be a fire hazard. It adjoins Panoramic View Estates, which would be impacted by such a fire. The rim lots all look down on a meadow, which is open space. There is a road in between that and the proposed new development. It would be impossible to see the new development from the rim lots. He believes that if the zone change is approved, he can see turning the fire hazard into something beautiful. If it stays the way it is, it will remain a fire hazard. Joe Stutler, Forester, could probably confirm that. Commissioner Baney said a main question is whether they can use the existing homes in their numbers. What would happen if those homes could not be counted. For Goal 8, a big hurdle is utilizing existing lots that have already been sold. Peter Gutowsky stated that the text amendment would allow the existing development to be excepted from setbacks and density provisions. This is not part of the text amendment or the record. They are recommending this provision to focus in on the existing development. If the text amendment was not in place, they would have to meet destination resort requirements for just the undeveloped land. Ms. Craghead stated that the minimum acreage requirement is 160 acres. They could technically do that without including the existing developed area. Commissioner Baney said that they would then have to add the amenities that are already in place. Commissioner Luke stated that the golf course is needed for the open space. It has to be decided whether that area is needed for the cluster development. Ms. Craghead said that would be part of a future application process. There has not been discussion about building overnight lodging prior to developing. Commissioner Daly asked if this is now before the Board. Ms. Craghead said that the applicant argues that it is not something for the Board to consider at this time. The overnight lodging would still need to be built. The letter from Mr. Whitman questions whether it can be included. Minutes of Board of Commissioners' Business Meeting Monday, November 3, 2008 Page 3 of 8 Pages Commissioner Daly referred to Tia Lewis' rebuttal. In regard to resort facilities, Mr. Gutowsky stated that the applicant said that the overnight lodging applies to any new development. It is a difference of legal opinion as to when overnight accommodations are required. Commissioner Daly asked if the language under 025 clarifies, section D, applies. Ms. Craghead replied that if bringing in existing facilities, all of the They could bring in the cluster development, build the facilities and then build the rest. Commissioner Baney asked how many of the homes in the cluster development were built prior to the development of the destination resort laws. Mr. Gutowsky stated that they received conditional use approval in 1989, and started getting approval for the rim lots in the early 1990's. There were four phases of Aspen Lakes from the mid 1990's until the early 2000's. The law came into effect in 1992. Baney asked if they were built prior to that mapping, could some be brought in and not all. Mr. Gutowsky stated that destination resort Code was in place in the County prior to then. The golf course and other uses were permitted under zoning. There was nothing in the record that would have negated that. In 1992 the County adopted the mapping. Commissioner Baney stated that she thought there wasn't a concrete track for them to get a destination resort at the time, instead of taking the cluster development route. Mr. Gutowsky said that there wasn't case law that resulted from Thornburgh until recently. That brought up the firth fifty units having to be built prior to selling. There is flexibility as to when those overnight units can be established. The applicants argue that this is not a consideration for this text amendment; this will be determined by the Hearings Officer at later date. They could ask for additional to be included or use what is already there. Ms. Craghead stated that they won't know until the conceptual master plan application is submitted. It is a policy issue as to whether the Board will allow these to be brought in since some have already been sold. Commissioner Baney asked how a decision can be made with this situation. Ms. Craghead said it is a policy issue as to whether the existing area can be included, or whether to require additional development prior to bring this in. Minutes of Board of Commissioners' Business Meeting Monday, November 3, 2008 Page 4 of 8 Pages Mr. Gutowsky stated that planning has an obligation to inform the Board of legal issues. Because of case law based on Thornburgh, having to build the first fifty units, and as they have sold property prior to the establishment of overnight lodging, it is therefore not applicable to be in Code. The applicants feel otherwise and have findings allowing this flexibility. If they do submit an application to the Hearings Officer, it can be considered. Commissioner Luke asked for definition of a cluster development, and how they are justified in Code. Ms. Craghead stated that they allow higher density of lots and more residents as long as there is adequate open space. This is a way to cluster the homes to allow for more open space. Ms. Craghead said that it allows to concentrate the development together, with more open space. Mr. Gutowsky added that when case planners are reviewing cluster developments, they only apply to exception areas; the public benefits from a wildlife standpoint. The applicant has to coordinate with relevant state agencies so there is balance. Commissioner Luke stated that the wildlife study is supposed to be done before the units are built. Ms. Craghead said it is part of the requirements of a cluster development. It could apply to others, in regard to setbacks and density, and the facilities. Commissioner Luke said that Board decisions set precedence. He recalled a vote of Commissioners Swearingen and DeWolf that set precedence. Eagle Crest was going for a destination resort. If Aspen Lakes had gone for a destination resort from the beginning, there could have been a difference plan and different testimony. Mr. Gutowsky stated that this is a complicated issue, and asked if the Board wishes to set up an additional meeting for deliberations. Commissioner Daly asked if Mr. Whitman from LCDC indicated that if there is enough land, they could get past the fifty units being built up front. Mr. Gutowsky stated that it could be possible. The exclusion of the individually owned lots is being determined differently by staff and the applicant. The staff report cites language from the letter to reinforce the legal issue as staff interprets it. The applicant's attorney has also made a determination. Ms. Craghead said the applicant indicates that the Whitman letter is not applicable at this time. Minutes of Board of Commissioners' Business Meeting Monday, November 3, 2008 Page 5 of 8 Pages Commissioner Luke stated that there should be a good possibility that they will go ahead. Mr. Gutowsky said that there is case law that comes into play. Ms. Craghead stated that limited commercial use in a cluster development could change that. Mr. Gutowsky stated that there is no other way to have a hotel. Commissioner Daly asked if Mr. Whitman is saying that they have enough land to build housing to qualify as a destination resort without including the existing lots. Ms. Craghead stated that they don't have to have any housing; it only has to have the overnight accommodations and other facilities. There 2:1 ratio needs to be maintained if you add housing. The question is the lots that have not been sold can be applied without the same setbacks. Commissioner Daly stated that if residential lots are not necessary, why can't they include the improvements and be able to build the accommodations. Mr. Gutowsky stated that they would not need a text amendment. If it is mapped for destination resorts and meets the acreage requirements, they could. Commissioner Baney asked if they wanted to not include the lots that have already been sold, they could apply for a destination resort today because of the mapping. Commissioner Luke asked if they can include the amenities that already existing, such as the clubhouse. Would another have to be built. Ms. Craghead said that the issue would then be whether the text amendment would be needed to bring in the cluster development later. They would need exemptions from the lot size and setbacks. The lots are larger than the 22,000 square foot average. They would have to build a bunch of smaller lots to get the average to where it needs to be. Mr. Gutowsky said this is a legislative amendment, so if there are a lot of changes it would need to go through an additional public process. Ms. Craghead stated that it depends on how many changes the Board wants to make. Commissioner Daly asked if the Commissioners are allowed to meet with the applicants to discuss this further. Ms. Craghead indicated it would just not be part of the record. If a decision is made based on such a meeting, it could be challenged. Ex parte contact is allowed but there are questions on how much it can be part of a decision. Commissioner Daly said that what he has discussed is part of the existing record. Discussion took place on when to continue this discussion. If it is not next week, it may need to be on Monday, November 24, prior to Thanksgiving. Minutes of Board of Commissioners' Business Meeting Monday, November 3, 2008 Page 6 of 8 Pages Before the Board was Consideration of Approval of the Consent Agenda. BANEY: Move approval. DALY: Second. VOTE: BANEY: Yes. DALY: Yes. LUKE: Chair votes yes. Consent Agenda Items 5. Signature of Document No. 2008 -569, a Lease Agreement with La Pine Industrial Group regarding Space in the South County Services Building 6. Signature of Document No. 2008 -568, a Lease Agreement with George Green, Jr. regarding Bare Land in the La Pine Industrial Site 7. Signature of Letters of Reappointment to Project Wildfire: Jack Barringer, Lisa Clark, Chris Hoff, Tim Lillebo, Tom Fay, Michael Fisher and Gary Marshall (through December 31, 2011) 8. Signature of Appointment Letters to Project Wildfire: Stephen Fitzgerald and Becky McDonald (through December 31, 2011); and Kevin Benton, Patti Gentiluomo and Cathy Smith (through December 31, 2009) 9. Signature of Letters Accepting the Resignation of Amy Jo Detweiler, Rick Dice, Todd Hansen, George Ponte, Cliff Vaniman and Kelly Walker from Project Wildfire, and Thanking them for their Service 10. Approval of Minutes: • Business Meeting: October 27 and 29 • Work Sessions: October 22, 27 and 29 CONVENED AS THE GOVERNING BODY OF THE 9 -1 -1 COUNTY SERVICE DISTRICT 11. Before the Board was Consideration of Approval of Accounts Payable Vouchers for the 9 -1 -1 County Service District. This will be added to the next meeting's agenda. Minutes of Board of Commissioners' Business Meeting Monday, November 3, 2008 Page 7 of 8 Pages CONVENED AS THE GOVERNING BODY OF THE EXTENSION /4 -H COUNTY SERVICE DISTRICT 12. Before the Board was Consideration of Approval of Accounts Payable Vouchers for the Extension /4 -H County Service District. This will be added to the next meeting's agenda. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 13. Before the Board was Consideration of Approval of Accounts Payable Vouchers for Deschutes County. This will be added to the next meeting's agenda. 14. ADDITIONS TO THE AGENDA None were offered. Being no further items to come before the Board, the meeting adjourned at 11:00 a.m. DATED this 3rd Day of November 2008 for the Deschutes County Board of Commissioners. ATTEST: 6rele4 Recording Secretary 12 Dennis R. Luke, Chair Tammy : aney, Vic Chair M chael M. Daly, Co ' missioner Minutes of Board of Commissioners' Business Meeting Page 8 of 8 Pages Monday, November 3, 2008 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 — FOR THE WEEK DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., MONDAY, NOVEMBER 3, 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 Approval of the Release of Performance Bonds and Acceptance of Phase I Performance Bond, the Maintenance Bonds for Tetherow Golf Course Clubhouse, Golf Course and Facility Buildings — Anthony Raguine, Community Development Department 3. CONSIDERATION of Signature of Document No. 2008 -587, an Amendment to Assignment of Developer's Interest in Trust Account under Improvement Agreement (Pronghorn Resort) — Paul Blikstad, Community Development 4. CONSIDERATION of First Reading of Ordinance No. 2008 -021, Amending Code to Exempt Existing Cluster Subdivisions from Certain Destination Resort Requirements if Converting to a Destination Resort (Applicant: Aspen Investment) — Peter Gutowsky, Community Development Department CONSENT AGENDA 5. Signature of Document No. 2008 -569, a Lease Agreement with La Pine Industrial Group regarding Space in the South County Services Building 6. Signature of Document No. 2008 -568, a Lease Agreement with George Green, Jr. regarding Bare Land in the La Pine Industrial Site Board of Commissioners' Business Meeting Agenda Monday, November 3, 2008 Page 1 of 7 Pages 7. Signature of Letters of Reappointment to Project Wildfire: Jack Barringer, Lisa Clark, Chris Hoff, Tim Lillebo, Tom Fay, Michael Fisher and Gary Marshall (through December 31, 2011) 8. Signature of Appointment Letters to Project Wildfire: Stephen Fitzgerald and Becky McDonald (through December 31, 2011); and Kevin Benton, Patti Gentiluomo and Cathy Smith (through December 31, 2009) 9. Signature of Letters Accepting the Resignation of Amy Jo Detweiler, Rick Dice, Todd Hansen, George Ponte, Cliff Vaniman and Kelly Walker from Project Wildfire, and Thanking them for their Service 10. Approval of Minutes: • Business Meeting: October 27 and 29 • Work Sessions: October 22, 27 and 29 CONVENE AS THE GOVERNING BODY OF THE 9 -1 -1 COUNTY SERVICE DISTRICT 11. CONSIDERATION of Approval of Accounts Payable Vouchers for the 9 -1 -1 County Service District CONVENE AS THE GOVERNING BODY OF THE EXTENSION /4 -H COUNTY SERVICE DISTRICT 12. CONSIDERATION of Approval of Accounts Payable Vouchers for the Extension/4 -H County Service District RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 13. CONSIDERATION of Approval of Accounts Payable Vouchers for Deschutes County 14. ADDITIONS TO THE AGENDA Board of Commissioners' Business Meeting Agenda Monday, November 3, 2008 Page 2 of 7 Pages 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.) Monday, November 3, 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) 5:00 p.m. Work Session with City of Bend Council regarding Urban Growth Boundary Expansion, at City Hall Wednesday, November 5, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, November 6, 2008 8:00 a.m. Regular Meeting with Sisters City Council, Sisters City Hall 9:30 a.m. Regular Meeting with Judge Fadeley, Sisters Monday, November 10, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Tuesday, November 11, 2008 Most County offices will be closed to observe Veterans' Day Wednesday, November 12, 2008 8:00 a.m. Conference Call, Public Affairs Counsel (State Lobbyist) 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, November 3, 2008 Page 3 of 7 Pages Thursday, November 13, 2008 7:00 a.m. Regular Meeting with the City of Redmond Council, in Redmond Monday, November 17 through Friday, November 21 Annual Association of Oregon Counties' Conference, Eugene Monday, November 24, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) 5:00 p.m. Public Hearing with City of Bend Council on Urban Growth Boundary Expansion — at City Hall Wednesday, November 26, 2008 10:00 a.m. (Tentative) Board of Commissioners' Meeting 1:30 p.m. (Tentative) Administrative Work Session — could include executive session(s) Thursday, November 27, 2008 Most County offices will be closed to observe Thanksgiving. Friday, November 28, 2008 Most County offices will be closed today (unpaid holiday) Monday, December 1, 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, December 2, 2008 12 noon Audit Committee Meeting Wednesday, December 3, 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 Surface Mining Zone Change to Rural Residential (Lower Bridge Way) Board of Commissioners' Business Meeting Agenda Monday, November 3, 2008 Page 4 of 7 Pages Thursday, December 4, 2008 10:00 a.m. Quarterly Update with District Attorney 11:00 a.m. Quarterly Update with Community Development Department 1:30 p.m. Quarterly Update with Road Department Tuesday, December 9, 2008 5:00 p.m. Regular Meeting with the City of La Pine Council, in La Pine (location to come) Wednesday, December 10, 2008 8:00 a.m. Public Affairs Counsel (State Lobbyist) Conference Call 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, December 11, 2008 10:00 a.m. Quarterly Update with Mental Health Department 11:00 a.m. Quarterly Update with Health Department Monday, December 15, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, December 17, 2008 10:00 a.m. Youth Challenge Graduation Ceremony 1:30 p.m. Administrative Work Session — could include executive session(s) 5:30 p.m. (Tentative) Continued Hearing on Surface Mining Zone Change to Rural Residential (Lower Bridge Way) Thursday, December 18, 2008 9:00 a.m. Quarterly Update with Fair & Expo 10:00 a.m. Quarterly Update with Community Justice 11:00 a.m. Quarterly Update with the Commission on Children & Families Board of Commissioners' Business Meeting Agenda Monday, November 3, 2008 Page 5 of 7 Pages Monday, December 22, 2008 10:00 a.m. (Tentative) Board of Commissioners' Meeting 1:30 p.m. (Tentative) Administrative Work Session — could include executive session(s) Thursday, December 25, 2008 Most County offices will be closed to observe Christmas. Monday, December 29, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, December 31, 2008 10:00 a.m. (Tentative) Board of Commissioners' Meeting 1:30 p.m. (Tentative) Administrative Work Session — could include executive session(s) Thursday, January 1, 2009 Most County offices will be closed to observe New Years Day. Monday, January 5, 2009 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, January 6, 2009 1:30 p.m. Budget Committee Overview and Update Wednesday, January 7, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, January 8, 2009 7:00 a.m. Regular Meeting with the City of Redmond Council, in Redmond Board of Commissioners' Business Meeting Agenda Monday, November 3, 2008 Page 6 of 7 Pages Monday, January 12, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, January 14, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Monday, January 19, 2009 Most County offices will be closed to observe Martin Luther King, Jr. Day Wednesday, January 21, 2009 1:30 p.m. Administrative Work Session — could include executive session(s) Monday, January 26, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, January 28, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Monday, February 2, 2009 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, February 4, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) 5:00 p.m. Regular Meeting with City of La Pine Council, in La Pine (location to be determined) Board of Commissioners' Business Meeting Agenda Monday, November 3, 2008 Page 7 of 7 Pages