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HomeMy WebLinkAbout2013-06-03 Work Session Minutes Minutes of Board of Commissioners’ Work Session Monday, June 3, 2013 Page 1 of 13 Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, JUNE 3, 2013 ___________________________ Present were Commissioners Alan Unger, Tammy Baney and Anthony DeBone. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; and, for a portion of the meeting , Laurie Craghead, County Counsel; Nick Lelack, Paul Blikstad and Peter Russell, Community Development; Chris Doty, Road Department; Dan Despotopulos, Fair & Expo Center; Anna Johnson, Communications; members of the Fair Board; and approximately a dozen other citizens. Chair Unger opened the meeting at 1:35 p.m. 1. Discussion of the Upcoming Public Hearing on the Alfalfa Cell Tower Appeal. Paul Blikstad gave an overview of the item. He said there are a couple of things in the appeal that staff feels should be determined by the Board. He addressed the search ring, only a few of which are contained within EFU zoned land. The Oregon Department of State Lands owns about 80 acres that might be suitable per the opponents. It does have some topographic differen ces with higher locations on a pressure ridge, or on the dirt close to Three Mile Road. The applicant has considered other sites with less visual impact, and indicates that they are not suitable. The Hearings Officer feels there needs to be more of a search of alternative sites or for co-location. The applicant submitted a co- location study for other towers. The Hearings Officer found that the applicant did not consider using the electric transmission lines along Elk Lane. He believes they cross through the DSL property. Minutes of Board of Commissioners’ Work Session Monday, June 3, 2013 Page 2 of 13 Chair Unger asked who they plan to serve with this tower. Mr. Blikstad said local users and travelers along Highway 20. They feel there is a gap in service; however, there may be coverage through other providers. The applicant did not respond adequately to a request to investigate placement on the DSL land, which could be a viable alternative. Negative visual impacts are largely unavoidable and would be experienced by many neighbors. Code and State law require looking at other areas, then EFU land. The applicant feels that if they cannot locate on RR-10 land, is there justification to site on EFU land. The Hearings Officer felt that they should have more adequately investigated RR-10 land opportunities. EFU is the last choice per State law. Regarding the second criterion, it was pointed out by staff that there is not much vegetative screening in the area; mostly topographical. The Hearings Officer said that this has never been a criterion but Mr. Blikstad stated that this has happened when no one complained. There is no real history of interpreting this specific criterion. This is not in State law, just Deschutes County Code, and it is hard to interpret. This criterion has been inconsistently interpreted and applied, and there has never been a Board ruling on this. The wording in the criterion is not consistent, per the Hearings Officer. The screening has to be effective, and it was felt none of it in this area would meaningfully screen the tower. Commissioner DeBone asked if there was a written submittal from the applicant prior to the hearing. Mr. Blikstad said he thought there is one, but it has not yet been received. He expects another submittal and their presence at the hearing. Chair Unger stated in the past they sited towers that are higher than the vegetation on Cline Buttes. Ms. Craghead noted that they need to show the gap in service and then sites where there is no other available property. Minutes of Board of Commissioners’ Work Session Monday, June 3, 2013 Page 3 of 13 Mr. Blikstad said that when he asked about them not considering the DSL land, he was told it takes much longer to do that process. Moreover, the State might plan to sell it down the road. Commissioner Baney stated that the Board cannot presuppose that they might be able to use DSL land. Ms. Craghead added that they have to have a willing property owner in any case. Commissioner DeBone said that they need to stay focused on the two narrow issues. Mr. Blikstad emphasized that the Board’s interpretation will be important. Commissioner Baney agreed that this will not be the last of this kind of application or appeal, so it is important to set it up properly now. 2. Discussion of Tetherow SDC Issues. Chris Doty said the residential portion of the resort feels there should be an exemption to the SDC’s for the remaining 400+ units. There is an appeal process, but it does not work well with this kind of request. As far as timeline regarding dual payments and the City of Bend, it is summed up in the staff memo with recommendations. Regarding exempting Tetherow, it would set precedence. There are many such developments and others may feel they should have not been charged (Eagle Crest and Sunriver for example). There was a right time and place to bring this forward, and that was in 2008. They are into five years of implementation. Regarding a point of context, there are bundled SDC requirements of the City’s water and sewer infrastructure agreement. It needs to be viewed as the total cost to the City. The original developer probably did not differentiate the systems. There is a variety of ways to serve a development. The Road Department capital programs budget is suffering, and it is important to have viable SDC funding. Chair Unger asked what steps should be taken before the Board meeting. Mr. Doty replied that he can gather more information if needed. If the Resolution is going to be changed, it has to be soon since this is on the Board business meeting of Wednesday, June 5. Minutes of Board of Commissioners’ Work Session Monday, June 3, 2013 Page 4 of 13 Mr. Anderson noted that this is not a land use issue nor a fee waiver, but an SDC Ordinance. Commissioner Baney stated that they used Sunriver and Eagle Crest as examples, but they are not paying City SDC’s. Mr. Doty noted that they made a big investment in development prior to the SDC’s, and currently pays them. Commissioner Baney feels this is a very unique situation. Mr. Anderson said that it is tough to absorb this into the land use system. Peter Russell added that they have to look at the overall scope of the system. Commissioner Baney stated that this is a unique situation that requires more than a yes or no. She has seen some suggestions and recognizes that they could have made this case. However, in 2008 things were very different. Mr. Doty said the original agreements were entered into in 2005, with SDC’s coming in 2007. Commissioner DeBone stated that this has been out there for a while. Chair Unger noted that if they are in the County, they need to pay County costs. Mr. Doty said they want a 100% discount, and he is proposing 20%. But, this would have to be for everyone to be fair. 3. Joint Meeting with the Fair Board. Fair Board members Dan Despotopulos, Bev Clarno, Mike Shiel, Jim Morrill and Cheryl Davidson came before the Board. Mr. Despotopulos said that proposed changes to the budget allocation to the Central Oregon Visitors Association were a surprise to him. He met with Tom O’Shea and Commissioners Baney and Unger. They have had several meetings and some good dialogue with resorts and COVA. Most support the future of the Fair & Expo Center and realize money is needed to protect this investment. He referred to a PowerPoint presentation at this time. There was information on the community, discounted services to groups, and the impact of the Fair & Expo Center on the area. He talked about the economic impacts of events held there, but also emphasized the free or discounted services such as 4 -H, graduations and other community events. This is time and space they cannot charge other entities for, and it amounts to about $500,000 a year for the community. Minutes of Board of Commissioners’ Work Session Monday, June 3, 2013 Page 5 of 13 Regarding the annual fair, it includes concerts, bus rides and much more. A lot of it is at no charge except general admission. (He referred to an aerial photo of the area.) Adjacent land would add millions to the value of the Fair & Expo. There would be more parking for the bigger events such as the Family Motor Coach Association and others. The event center is too far away from general parking. Acquiring adjacent land is important for the future. They went through a process regarding land use and potential exchanges with the DSL. He would like to get this conversation open again. It has been years and might be quite different now. Commissioner Baney said that given the importance of the land, she asked if the Fair & Expo Board has discussed coming to the table with ideas and funding. The DSL wanted everything and then some, plus cash. Mr. Despotopulos replied that they have been through their budget process, and there is not a lot that can be spent on land. Perhaps there should be some long- term ideas. Mr. Shiel noted that they need to have adequate reserve funds. Mr. Despotopulos said that a room tax increase could help market the facility more. A lot of relationships are already been established. The room tax would help with marketing, to bring in more events, and also helps with local lodging and other services. Perhaps some could be generated to go towards the land. Bev Clarno stated they need to close the door on this. They have a fiduciary obligation to get something done. This process has remained in limbo for a long time. There was no room for negotiations in the past, and everyone was put off by the attitude of the DSL. But the DSL land is very important to the County’s future and investment. The original appraisal is outdated but showed the highest and best use for a projected zone, making it nebulous. This needs to start from another place. Opportunities are not set in concrete. Commissioner Baney noted that they cannot use the highest and best use if not in place already; this may never happen. It should be appraised as-is. Chair Unger added that the DSL said the County offered land for trade, but most of it was EFU. They wanted a lot, and the County did not have that much to trade. Jim Morrill said that before he came on board, the RV park came in. Within a year, it was making money. It is the only RV park for miles. It is a great facility, but limited. More land to the south offers expansion potential. Minutes of Board of Commissioners’ Work Session Monday, June 3, 2013 Page 6 of 13 Mr. Shiel stated that one main reason for these ideas is the dream when the facility was proposed, when the old facility was found to be very inadequate; and this dream was able to grow. That additional land is essential for the future. He is having a hard time accepting that they might get just a small part of it. The airport also affects what can be put there. Cheryl Davidson added that it is not adequate as-is; they need an option for growth. Ms. Clarno said that she attended a meeting of the DSL and staff from the Governor’s Office, and Mike Hollern chairs this advisory committee. Their number one goal is the university. The Fair & Expo should be number two. They could maybe mediate this issue with the DSL. Between this group, the Board and others, they might be able to get somewhere. Chair Unger stated he is on the steering committee of the collaboration group, which is the third iteration of the community solutions team. A Redmond collaborative group was formed regarding the extension of 19th Street. This group still exists. Ms. Clarno said they need someone with a close relationship with the Governor, and that could be Mike Hollern. But they would need to know what the property could be used for and an appraised amount. John Russell of the DSL said they thought they had a cut and dried deal with the County and the military. Chair Unger noted that Mr. Hollern does not usually meet in the problem solving stage. Mr. Anderson said that he met with the Fair Board and heard their passion; and met with the DSL since then. The biggest difference now is that the land is in line for the regional economic opportunity analysis process. There are only two large lot landholders with candidate sites: the County and DSL. There is room for negotiations on that piece of land, but now the stakes are higher. It is viable in terms of large lot industrial use. Both the DSL and the City have submitted applications to analyze the infrastructure. Considering the layout of the 900 acres, the corner by the Fairgrounds is the closest to utilities. It is likely that is where the industrial use would expand into. This ratchets up the stakes. The County also has a lot invested in its land. He knows how the DSL operates, and regardless of who you talk to, it is all about the school fund. That is their mindset. Minutes of Board of Commissioners’ Work Session Monday, June 3, 2013 Page 7 of 13 This also involves the City of Redmond since as part of an annexation through the Regional Economic Opportunity Analysis, they are looking for job creation and benefits to the City. Under the process, they get special consideration if there is a large lot industrial use committed. Mike Sheil said the infrastructure stops at the Fair & Expo Center. He asked what would happen if it was expanded south. Mr. Anderson replied that the difficulty with this process is that the land has to abut the UGB. They can’t leapfrog to a different use. They have to dedicate all land to some kind of industrial use, although he is not sure what those uses might include. Mr. Despotopulos said the if the County got the 70 acres, it then would still be industrial. Chair Unger noted that it would have to be rezoned for Fair use. Mr. Anderson emphasized that it can’t be rezoned if it is brought in under the REOA. Nick Lelack said that they would have to amend the Fairgrounds master plan and go through a process. Potentially it could all be done at one time. Mr. Anderson said this would not happen immediately as the REOA might. Chair Unger asked about having the REOA to the east instead. Commissioner Baney said they have 216 acres within the City limits, and this mi ght be a bargaining chip. The County has as much to gain to work with them. Mr. Anderson stated that the co-owned land is not there; the other candidate land would be under the REOA. It is probably more viable than this location. Chair Unger asked if the regional solutions group might want to discuss this. Commissioner DeBone said that this may not be a big problem for this group. Ms. Clarno asked about going to the City of Redmond. Chair Unger stated that the City wants to have the water park property near the Fairgrounds, and wants to do other things to enhance the Fairgrounds. Mr. Anderson said that he believes a deal could be structured, but there is a financial detriment to having the County do it, like purchasing land outright and giving up the return on land elsewhere. Timing is an issue for the DSL and the REOA. The County would lose the REOA use. Commissioner Baney stated that if they sold the 216 acres to pay off jail debt, this would reduce the ability to sell the rest. Minutes of Board of Commissioners’ Work Session Monday, June 3, 2013 Page 8 of 13 Mr. Despotopulos said that because of the lack of space, they lost one big event. There was too much red tape. They lost $60,000 plus a lot of area hotel rooms. Commissioner Baney asked about the cost of paving the additional land. Mr. Despotopulos said the previous paving’s true cost was about $1 million. Commissioner Baney said that in any case, they need long-term funding. They could ask for an operations levy for capital reserves. But if there is also a transient lodging tax increase, there would be two taxes involved. Mr. Despotopulos stated that the room tax money should not be used for operations, but for marketing. They also want the Visitors Association to do more as well. The operations levy would go towards maintenance. Commissioner Baney said that it would take a year to prepare for an operations levy. If they start dipping into the TLT and then go for a levy, there will be issues. Mr. Despotopulos pointed out that the Board controls where the TLT goes, and room tax allocations can always be adjusted. Mr. Shiel noted that they don’t benefit from the room tax. The major players, the cities and County should want to protect this investment. Commissioner Baney said this is a gravy train for the cities and they should want it to be successful. There will be a window of opportunity when the debt service expires. Ms. Clarno stated that there is deferred maintenance, and not enough in reserves. Commissioner Baney noted they are at a crossroads. The City of Bend will ask the Board to co-sponsor a TLT increase. This increase would be in essence forever. She wondered about negotiating the carve-out. Mr. Despotopulos said that it would be much harder to do this afterwards. Maybe they should go for 1% in year one, followed by another; maybe phase it in. perhaps they could consider a different split. Chair Unger stated that the industry is willing to work at this and be at the table. They have to talk with key collectors, who handle different amounts and allocations, and bring in the cities. They can be more successful overall, but can’t just rely on the providers. Mr. Despotopulos said at 2% it would generate about $700,000. Minutes of Board of Commissioners’ Work Session Monday, June 3, 2013 Page 9 of 13 Commissioner Baney stated that the City of Bend meets this month on the TLT. They will get some pressure from the County and COVA. They will need to maximize the dollars in a campaign, and this requires teamwork. Chair Unger said that the City of Bend needs to be asked how much of this will go to the County to help the Fair & Expo. Mr. Despotopulos noted that most voters live in the City of Bend. The City of Redmond does not have to go to a vote. Commissioner DeBone said there are two ways to get this on the ballot. Commissioner Baney stated she prefers a coordinator effort of COVA, the City and the County, including a long-term plan for the Fair & Expo. Mr. DeBone said that what resorts can get is market-driven. He wondered if taxing visitors is the way to go. He suggested they diversify the economy by bringing in new businesses. Alana Hughson of COVA stated that there is a proven history that this does both. Chair Unger asked what 2% means to the lodging industry. He wants them to be successful. The Fair Board should advocate to both cities how important the Fair & Expo Center is. They need to help with this. And regarding the DSL land, the Fair & Expo needs a master plan. No one is clear on what the use of this land could be. Mr. Shiel stated that they need the land before they will discuss this. Chair Unger asked what the Fair Board wants: to support a hotel or conference center in the Fairgrounds, or what. Commissioner DeBone said that this might be a good conversation with the City of Redmond. He asked what a 500-room convention center look like. Mr. Shiel stated they could move the barns south and use that land for other things. They can’t go any other way because of the airport. Mr. Anderson stated a master plan is a good idea. In terms of immediate direction, should DSL acquire a chunk of the land or negotiate an exchange for actions of the County, a sequence of events and development of the REOA. Minutes of Board of Commissioners’ Work Session Monday, June 3, 2013 Page 10 of 13 Chair Unger said he is not sure how to move forward. It is complicated when dealing with the UGB, zoning and the DSL. Commissioner Baney noted they need to make a decision. They will lose an opportunity or someone will figure it out for the County. Dan Despotopulos pointed out that the DSL wants this land for a reason, and it would be smart for the County to acquire it for whatever reasons. Commissioned Baney said that it would be useless for the DSL if the County gets the REOA first elsewhere. Chair Unger stated that he always thought the County should have that land. Mr. Despotopulos said they would talk more about the TLT and get back to the Board. The Fair Board and other citizens left the meeting at this time. 4. Other Items. The group discussed the Heritage Farm HB 3536 at this time. Mr. Lelack advised there is a hearing on June 5 at 3 PM, and AOC has asked for comments. The Heritage Farm Bill was reintroduced this year and was dead until last week when it was rolled into HB 3536. It created a transfer development opportunity that was mostly for the coast and Jefferson County. Ms. Craghead noted that it was amended in 2011 to add rural lands. It takes this concept and blends it with a transfer development opportunity and can site a small-scale recreational opportunity. It allows them to utilize the amenities that are already there, at Aspen Lakes. It could include a heritage guest ranch, restaurants, a conference center, recreation facilities, up to 480 residential units plus overnight units, plus 100 spaces for RV’s. It would require 25% overnight lodging. The residential units are not to be over 1800 square feet. Commissioner Baney pointed out that deed-restricted properties can’t get financing. They want to build a hotel. They already have some recreational facilities through the golf course. Minutes of Board of Commissioners’ Work Session Monday, June 3, 2013 Page 11 of 13 Mr. Lelack stated that this is tied to the Metolius, which is protected. The Board could ask Jefferson County if they are comfortable transferring Jefferson County resort development opportunities to Deschutes County. Ms. Craghead said that most are on the coast. Mr. Lelack explained that this allows for small-scale recreational communities as an outright permitted use, as a heritage farm. He suggested the Board treat those as any other and make it a conditional use. It would have to follow a process and there would be conditions to meet. The bill supersedes transportation impacts. It also waives a lot of the requirements of the County’s comprehensive Plan and transportation plan. Mr. Anderson said the Board could submit testimony on this, either for, against or neutral. Commissioner Baney stated that she thinks the Cyrus’ have been good stewards of their land and the community. She would like to see a path that marries closely with the Comprehensive Plan. They need to mitigate the transportation part. She does not see any negatives in overnight stays. The market will determine how things go, but the County needs a say in it. Chair Unger added that he always wanted the Cyrus’ to be successful, but doesn’t like the idea they could possibly now do whatever they want. They want outright approval without interference from 1,000 Friends or Central Oregon LandWatch. This bill cuts through the process, and is an awfully big reach all at once. Commissioner Baney noted that there could be safety issues tied to transportation. Mr. Lelack said that they wanted to have the County waive its procedure ordinances, which the Board would have to approve. The Board remained neutral in the past since appeals might come before them. She would like to convey the concerns through Mr. Lelack. She wants them to have a path, but they need to consider the big picture. Mr. Anderson said they need to follow all the rules for destination resorts. Mr. Lelack was instructed to draft a letter expressing these concerns, for Chair signature. ___________________________ Minutes of Board of Commissioners’ Work Session Monday, June 3, 2013 Page 12 of 13 Commissioner Baney updated the group on the OEM grant closeouts. The Director is now on administrative leave. She is waiting for a Department of Justice response. Until this is resolved, they can’t move forward on the 2010 grant. She will keep everyone informed. ___________________________ Chair Unger stated there is a meet and greet at the County tomorrow with the U.S. Forest Service and others, primarily to discuss emergency preparedness issues. Commissioner DeBone indicated he would be attending an Eastern Oregon Counties meeting tomorrow. ___________________________ Mr. Anderson asked about the status of a community plan for Deschutes River Woods. John Skidmore, Assistant City Manager for the City of Bend said the City is doing transportation planning on the demo landfill and Boise Cascade site. They want a letter of support from the County for their TGM grant application. The project cost is $250,000 and the grant for the entire region is just $150,000. They want the County to contribute a hard match for part of the balance if they get the grant. It is awkward to submit a letter of support and then submit the County’s own application. The County’s would be for the DRW plan and would use about $80,000. Mr. Russell stated they could do most of this in -house. However, the homeowners’ association was told that the County would go out for the grant. Commissioner Baney asked if it would benefit the County if the City chose not to use it on that property; would it be a win for only the City and college. Mr. Anderson said that they’d say it benefits everyone. Commissioner Baney said she wants to see the university, but should this application be examined before being submitted. Mr. Lelack stated he could ask the City to create an overlay zone for OSU Cascades, using existing buildings in Mill Point, but needs to know if they would do the overlay and analysis on the County land. Commissioner Baney asked what happens if the Mill Point properties work for ten years. That could hold up the County. Mr. Lelack said this could come to the legislature as early as 2015. Their goal is to kick it off quickly. Chair Unger added that he wants to see a win-win. The City has historically ignored this property. There is an opportunity to utilize it as a university or have the City buy it for a use of some type. Mr. Anderson said they did not ask for $100,000. It may be for $50,000 or a smaller amount. They were not specific. Mr. Lelack stated that the EPA grant could be kicked in for site assessment. Mr. Russell asked about the DRW grant. The intent to apply has already been submitted. Chair Unger suggested that they look at the following year for DRW. Mr. Anderson supports the City's efforts. Financial assistance could be the brownfields process, or lottery money, which is clearly for economic development. Commissioner Baney said that if the scope is right, $50,000 is cheap. But it needs to be specific for OSU. Mr. Anderson stated the County should offer nothing up front, but instead let them ask. Being no further items addressed, the work session ended at 5:20 p.m. DATED this U Day of ~ 2013 for the Deschutes County Board of Commissioners. tiL Urr= ATTEST: Anthony DeBone, Commissioner ~~ Recording Secretary Minutes of Board of Commissioners' Work Session Monday, June 3, 2013 Page 13 of 13 Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1 :30 P.M., MONDAY, JUNE 3, 2013 1. Discussion of Public Hearing on the Alfalfa Cell Tower Appeal-Paul BUlestad 2. Discussion of Tetherow SDC Issues -Chris Daty, Peter Russell, Nick Lelack and Others 3. Joint Meeting with the Fair Board 4. Other Items PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to ORS 192.660(2) (e), real property negotiations; ORS 192.660(2)(h). litigation; ORS I 92.660(2X d), labor negotiations; or ORS 192.660(2)(b), personnel issues. Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board ofCommissioners' meeting rooms at /300 NW Wall St., Bend. unless otherwise indicated. lfyou have questions regarding a meeting, please call 388-6572. Deschutes County meeting locations are wheelchlUr 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. Monday. 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Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cddj MEMORANDUM To: Deschutes County Board of Commissioners From: Paul Blikstad, Senior Planner Kevin Harrison, Principal Planner Date: May 23, 2013 Re: Appeal of cell tower decision The following is designed to help the Board in their review of the Hearings Officer's denial of CU-12-15. The Hearings Officer found that the applicant failed to meet the following approval criteria for the reasons indicated in bullet points. 1. DCC 18.128.340(B)(2). The applicant has considered other sites in its search are that would have less visual impact as viewed from nearby residences than the site proposed and has determined that any less intrusive sites are either unavailable or do not provide the communications coverage necessary. To meet this criterion, the applicant must demonstrate that it has made a good faith effort to co-locate its antennas on existing monopoles in the area to be served. The applicant can demonstrate this by submitting a statement from a qualified engineer that indicates whether the necessary service can or cannot be provided by co­ location with the area to be served. • The Hearings Officer found, based on review of the language and prior Hearings Officer's decisions, that this criterion requires both a search for co-location opportunities and a search for alternative sites that "would have less visual impact as viewed from nearby residences than the site proposed." This criterion requires an applicant to consider alternatives suggested by opponents. • The Hearings Officer found that the applicant did not consider the alternative of utilizing the existing transmission lines along Elk Lane. • The applicant did not respond to opponents' suggestion that the tower might be located on nearby DSL property in a way that only incrementally impacts views from nearby residences which are already impacted by the transmission lines. • The applicant's dismissal of the DSL property did not adequately respond to the opponents' reasons for suggesting that property as an alternative. The argument submitted by the applicant did not demonstrate a serious attempt to find a location on the DSL property that both satisfies the RF needs and mitigates impacts on scenic views. Opponents identified locations both on the west side and the east side of the Quality Seroices Performed with Pride DSL property that might represent lesser visual impacts to the surrounding residences, but the applicant did not seriously respond to those suggestions. • In circumstances such as this one where the record shows that negative visual impacts of a proposed tower, including impacts to scenic views protected by the code, are largely unavoidable and likely to be experienced by a significant number of nearby residences, a larger search ring including EFU lands should be considered. • The Hearings Officer found that demonstrated negative visual impacts on surrounding properties can render urban and non-resource lands (Le., RR-10 and MUA-10 zoned properties) "unavailable" for a proposed telecommunications facility under DCC 18.16.038(A)(3). • The Hearings Officer could not find that the applicant has established that the DSL property and potential locations along Elk Lane are not "available" because they represent negative visual impacts. including impacts on protected scenic views. 2. DCC 18.128.340(B)(5). In all cases, the applicant shall site the facility in a manner to minimize its impact on scenic views and shall site the facility using trees, vegetation, and topography in order to screen it to the maximum extent practicable from view from protected roadways. Towers or monopoles shall not be sited in locations where there is no vegetative, structural or topographic screening available. • The Hearings Officer found that this criterion has never been the central focus of a telecommunications facility decision. In reviewing past hearings officer's decisions, this criterion has been somewhat inconsistently interpreted and applied. Therefore, the question presented by this application has not been directly addressed in prior hearings officer's decisions, nor has LUBA or the Court of Appeals previously reviewed this provision. Staff notes that, to our knowledge, the Board has never ruled directly on this provision. • The Hearings Officer found that this criterion is directed at "scenic views" and that all applications ("in all cases") are obligated to "minimize impacts" on scenic views. • The Hearings Officer concluded that this section is only triggered where "scenic views" are present and will be interfered with by the presence of the telecommunications facility. • The Hearings Officer identified the scenic views present in this area as those of the open desert plateau, the Cascade Mountains, Horse Ridge, Pine Mountain and the Paulina Mountains. • The Hearings Officer found that the second sentence in the criterion modifies the first sentence such that where, as here, scenic views are present, the siting of a telecommunications tower shall be disallowed where there is no vegetation, structures or terrain to meaningfully screen the facility. In other words, the "screening" must actually be effective at screening a proposed tower. The Hearings Officer found that neither the vegetation, structures nor topographic features will meaningfully screen the proposed tower. Staff is anticipating a supplemental written submission from the applicant prior to the appeal hearing. As soon as that comes in, we will forward it to the Board. Just a reminder that the appeal hearing is scheduled for Thursday, June 13th at 6:00 p.m., and is to be held at the Alfalfa Community Building, which is located near the Alfalfa Store. rage 1 or ILU\"U_' .~ .I a5 Land I nfo rmat ion To ols I I Nitll;Jatk'n +; ,-.) .1~4~ I ~ ~yl ~ i~ QupJY/Jr~~ \ Syslom ..;..;; 'f!; x = 4770915 Y = 878401rU t-ova 52 £Fu RRJO RaMse~ RRI ~r<>~' MoV.\-If a.o"liU~C> ~.t: + "f C V ~j ~ f\...-.{ c: l . I-J:/!/31'13(' I kil"l~ RRIO lrI 5 / ~~g Ki',vA u.-' ~J 3 11()() RRlo I RR ,;r If> 1[(KIO IRR I{) I ~R/D\ I R RIO ~ '\j ~ § I I~ ~ tTl ", ~ . j... 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'I~1 ,1 Mru. r' t2r. 2ft..1HJ D MEMORANDUM Date: May 28, 2013 To: Board of County Commissioners Through: Tom Anderson, County Administrator From: Chris Doty, Road Department Director RE: Tetherow SDC Discussion In early 2013, representatives of the various ownership entities of the Tetherow Resort approached Deschutes County staff with a request to evaluate the potential for System Development Charge credit or relief in light of the fact that Tetherow pays both the Deschutes County Transportation SDC as well as the Ci ty of Bend Transportation SDC (residential uses only). The purpose of this memorandum is to apprise the BOCC of discussions staff has held with Tetherow as well as provide a staff recommendation for BOCC consideration with regard to the issue. Background/Timeline: Spring 2005: Tetherow Resort originally approved as Cascade Highlands Resort. Fall 2005: Cascade Highlands and the City of Bend enter into a Water and Sewer Service Agreement in which the City agrees to provide water and sewer service to the development. Within the agreement, Cascade Highlands agrees to: 1. Pay all City of Bend Water and Sewer SDCs (with surcharge). 2. Pay all City of Bend Transportation SDCs (residential uses only). 3. Dedicate right-of-way for future roundabout construction at Century Drive/Skyline Ranch Road (specifically in lieu of Transportation SDC payment for non-residential uses). 4. Construct Skyline Ranch Road and Metolius Drive through the development (including a roundabout at their intersection) and forego any potential SDC reimbursement of these facilities. 5. Pay all future City of Bend SDCs for any SDC established after implementation of the agreement. 6. Consent to annex when deemed appropriate by the City. Fall 2008: After a lengthy public process, Deschutes County implements Resolution 2008 -059 establishing a County Transportation SDC. February 27, 2013: Staff meets with the legal counsel of the now numerous individual and separate development entities of the prior Cascade Highlands project (now Tetherow). Staff learns of the existence of the Water/Sewer Agreement as the mechanism requiring payment of City SDCs. Staff suggests a joint meeting with City staff to similarly discuss the potential of SDC relief from the City. April 9, 2013: City and County staff meet with the legal counsel of the Tetherow entities, to discuss the SDC issue. City staff indicates that the City has significant debt that is bonded against Transportation SDC revenue from west side development, including the Tetherow entities. Given the City’s bonded debt against future SDC revenue, it is clear that the City will not consider SDC relief for the Tetherow entities. Note: The above timeline briefly summarizes staff’s perspective of the key points relating to Tetherow and the request for SDC relief. The history of the development, negotiation of additional Westside Consortium related projects, impact of the recession, and the subdivision of development components all factor into the discussion, but with lesser degrees of relevance. Staff Recommendation: It is quite uncommon for development projects to pay both City and County SDCs. There is no land use mechanism or development requirement which would impose such a condition; it could only occur through mutual agreement. The City of Bend/Cascade Highlands (Tetherow) Water/Sewer Agreement is a mutually beneficial agreement. The City of Bend leveraged its water and sewer capacity to direct investment into its bonded transportation system improvements. The original developers of Tetherow willfully agreed to pay the City’s Transportation SDC and most likely factored the additional cost of the Transportation SDC into their decision whether to utilize the City’s water/sewer service or privately construct other water/sewer systems similar to those provided in other resort communities. Staff appreciates the argument that residential development within Tetherow is unfairly assessed dual transportation SDCs and that the dual SDC places Tetherow’s residential development at a competitive disadvantage. From staff’s perspective, this argument ignores the self-imposed action which created the dual payment requirement as well as the quid pro quo context in which the City provided highly valued utility capacity to the development in exchange for additional revenue to fund needed west side transportation system improvements. Any SDC relief or credit provided to the Tetherow entities would set a precedent whereby other developments, specifically destination resorts, could request credit for infrastructure constructed prior to establishment of the County SDC resolution. If SDC relief or credit were provided to the Tetherow entities, other resorts or developments could also argue that they would now be placed at a competitive disadvantage. After review of the circumstances surrounding the dual SDC payment issue, staff recommends foregoing any consideration of SDC relief or credit to the Tetherow entities. Other outlets available to the Tetherow entities include renegotiation of their agreement with the City of Bend, or annexation to the City of Bend whereby they would no longer be required to pay the County’s Transportation SDC. Additional Information to Consider: In contemplation of the Tetherow request, the BOCC is invited to consider the following additional information:  The County’s residential Transportation SDC is proposed to be reduced from $3,673 to $3,044 – a 20% reduction per draft Resolution 2013-020 (June 5, 2013 public hearing).  While benefitting from City infrastructure systems, current Tetherow property owners (County) pay significantly less property tax. Most developed residential lots within Tetherow will recover the County’s SDC in less than five years due to a lower property tax rate within the County. Similarly, Deschutes County’s transient lodging tax is 2% less than the City of Bend transient lodging tax.  Skyliners Road is a proposed SDC eligible project on the County’s Capital Improvement Plan. Skyliners Road is approximately one mile north of Tetherow.  Skyline Ranch Road (collector) and Metolius Drive (collector) - the streets bifurcating and providing direct access to Tetherow - are Deschutes County facilities and are maintained and operated by the Deschutes County Road Department.  A $3,044 Transportation SDC is less than one-half of one percent (<0.5%) of the cost of a $750,000 home.  A waiver of the County’s Transportation SDC (residential only) for Tetherow properties will result in a loss of potential revenue exceeding $1,000,000 – which equates to more than 5% of the anticipated SDC revenue for the entire unincorporated County area.  The proposed 20% residential Transportation SDC reduction (per Resolution 2013 -020) will reduce Tetherow’s SDC liability by over $250,000.  The City of Bend’s Water, Wastewater, and Transportation SDCs, paid by Tetherow, total approximately $12,000 per residential dwelling unit. This upfront cost – which purchases Tetherow the ability to connect to the City’s water and sewer system – is comparable to the construction cost of a modern septic/drainfield system. If the City’s municipal utility services were not made available to Tetherow, equivalent private or on -site water/sewer systems would cost substantially more than $12,000 per dwelling unit. Attachment: Water and Sewer Service Agreement between the City of Bend and Cascade Highlands Limited Partnership