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HomeMy WebLinkAbout2013-06-12 Work Session Minutes Minutes of Board of Commissioners’ Work Session Wednesday, June 12, 2013 Page 1 of 4 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 WEDNESDAY, JUNE 12, 2013 ___________________________ Present were Commissioners Alan Unger, Tammy Baney and Anthony DeBone. Also present were Tom Anderson, County Administrator; Laurie Craghead, County Counsel; Nick Lelack, Community Development; Judith Ure, Administration; and 17 other citizens. No representatives of the media were in attendance. Chair Unger opened the meeting at 1:30 p.m. ___________________________ 1. Discussion of HB 3536. Nick Lelack said that this House Bill came to the Board’s attention about a week ago. A letter was prepared for Board approval and submission. They focused on mitigation measures related to the development, if the Bill is approved. Staff met with Matt and Keith Cyrus regarding the Bill and ideas regarding mitigation. (See attached handout for reference.) Most are gleaned from the destination resort ordinance. Commissioner DeBone asked if this language would be included in the Bill. Mr. Lelack said it could be presented as part of the package of amendments to the Bill, if the Board is in general supportive of the Bill. Laurie Craghead said it has a broad reference and is not specifically meant for Deschutes County. Chair Unger stated that language to support the County’s land use system needs to be considered and incorporated in the Bill, to make it more on par with other destination resort applications. Commissioner Baney voiced concern about the ability of the County to handle local land use without the proper language being included. Ms. Craghead stated that they want to keep the recreational facilities they have; it does not require them to build additional amenities. Mr. Lelack said that the first standard is similar to others , including language that fish and wildlife shall not be impacted. Minutes of Board of Commissioners’ Work Session Wednesday, June 12, 2013 Page 2 of 4 Discussing occurred regarding other aspects of the proposed Bill. Chair Unger stated that he saw this Bill moving forward and wanted to be sure the County’s needs would be addressed in statute. Commissioner Baney said the question today is whether the Board wants to see move forward. It isn’t a new issue, but an old one in a different form. She doesn’t feel caught off guard, although she did not expect it to be a legislative concept. The Cyrus' simply want to be able to do more with their land. Any of these provisions come to this body to determine if a threshold has been met. There are metrics and certain guidelines, and a process to determine those. She wants to remain neutral and allow this to move forward, but there has to be a local process in place as well. They need to be consistent with DLCD. Chair Unger noted that he wants to be sure transportation, water and other impacts are being addressed. The Board needs certain things included and they should be able to make their choices. He is supportive of this otherwise. He can’t support it in the form it takes today. The legislature needs to allow this to be re-worked. Commissioner Baney agreed that it is a recipe for disaster otherwise. Commissioner DeBone asked if the Board supports the suggested changes as listed. Commissioner Baney replied that these would have to be met for her to be supportive. Chair Unger added that he wants to see things move forward, but not as it is today. The Board can remain neutral except for those important adjustments. Commissioner DeBone was supportive of including the suggested language. He doesn’t know the specific parcels. It is already a destination resort plus a farm. Chair Unger said he wants to know what LCDC says regarding honoring the development credits from the Metolius. As it is, it is problematic for the County. Tom Anderson said they could authorize a letter be drafted today that includes the suggested language. If this is to move forward, the Board can urge the legislature to include language regarding the local review process. BANEY: Authorize a letter for Chair signature, with the recommendations discussed. DEBONE: Second. Minutes of Board of Commissioners’ Work Session Wednesday, June 12, 2013 Page 3 of 4 VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. 2. Discussion of Proposed Drug Court Grant Application Approval. Judith Ure gave a brief overview of the application for funding from the Criminal Justice Commission, to continue the Drug Court program. It is due on June 17; however, there is no guarantee it will be awarded. DEBONE: Move approval of the CJC drug court grant application. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Yes. UNGER: Chair votes yes. 3. Other Items. The Board indicated support for the City of Bend ’s application for TGM (transportation growth management) funding, with the focus being the OSU campus. A letter will be drafted also indicating the County is withdrawing its TGM application. BANEY: Authorize signature of the letter. DEBONE: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. Being no further items addressed, the work session ended at 3:35 p.m. IOih ~- Day of ---4 ­DATED this ------ff--L-+---"-----2013 for the Deschutes County Board of Commissioners. ATTEST: Anthony DeB one, Commissioner ~~ Recording Secretary Minutes of Board of Commissioners' Work Session Wednesday, June 12,2013 Page 4 of4 Deschutes County Board of Commissioners 1300 NW Wall S1., 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., WEDNESDAY, JUNE 12,2013 1. Discussion ofHB 3536 Nick Lelack 2. Discussion of Proposed Drug Court Grant Application Approval-Judith Ure 3. OtherItems 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 negotiatims; ORS 192.660(2) (h), litigation; ORS 192.660(2)(d), labor negotiations; or ORS 192.660(2) (b), personnel issues. Meeting dates. times and discussion items are subject 10 change. All meetings are conducted in the Board ojCommissioners' meeting rooms at 1300 NW Wall St, Bend, unless otherwise indicated. Ifyau have questions regarding a meeting, please call 388-6572. Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasomble 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. Work Session Iv Wed .• June.f". 2013 --(Please Print) -- Name Agency Mailing Address -City Zip Phone # e-mail address ~'t'., N o"',u/S r N/,. ~o l1o.x 3) 7 SI J~j 6 <' .so.]· 910' ;) 01 z.. J.""" ~c~~/~o .. ~-_, , 1'5:3<;AlW ., , fly I rJ~~-r-COL Vi <.kSVVlI# 8,.."J. _ 012.. 5L/l-'-I.2.0~ ~'l!H adf.vJ"'f 4:1' 1a4-1J<'C.~(6. --j d~""\.I\. 0... ~SOO rt\-l.k~L~n~b ALit r D~O~51:--~\~~~--R -~QJ -6Jo -/b IdJ e.~1 . U V'Y"\ (l\A,( ll~Qrob AlL -I I I, 5D3"'SS/-?~~ jv..~Ii F5~0 W'\ lO r! -a " \ . ~()w---. I -J <Eft -SL I.e<' }~fr!: /[/,4 /060/1 3;500 q~'9' S; 5/L--t ~ o-R­~-YI ~ 7d.}I )j}.D~· JL -?7 . -~ I!. ~",-/­iJ e 9ut .c.L(~ (-I 1;''1111 '> \"\G(jJ-e~J{ ~ tv-r;30 s \ s \--fAJ ~ dJC )'1\ r~G\ II~ ~""~ W~V\) 1M ~I,et /' 5Lfj-Llt7 -6L0 ~KII'Yl -('i.A JfL(O i/1. rv;t­fo ,(>t."i.73k 'o-i~c;. -of2..... ~'wtvt5E-X~~}AlliAt r ell {o ~r Jk ~C;~~~rA 0t:/I'~ ~17ol /:A.. ,~crf6 55 13 (9-r~ '~7ak-6L:r~ .~~l~_~ 111-t _ 1:?Lx-l CD -- --- -. , -­- - Page # of Pages <-­ .1l-« <tm . c a.­'" '"OJ VI ~ L­a ~ t oj. --l--+---1------1 I + ---+---­1­ I I j -I--------:.------t-Q; I ~ 4­o ~ Q) I co , 0.. Connie Thomas From: Tom Anderson Sent: Friday. June 07.20135:45 PM To: Connie Thomas; Bonnie Baker Cc: Nick Lelack; Laurie Craghead Subject: FW: Draft HB 3536 Approval Criteria Attachments: HB 3536 APPROVAL CRITERIA-1.docx For the 7/12 work session agenda -"HB 3536 Discussion" -Nick lelack/laurie Craghead. Thanks. From: Nick Lelack Sent: Friday, June 07, 2013 5:06 PM To: Tom Anderson; Judith Ure Cc: Laurie Craghead; Kevin Harrison; Matt Cyrus Subject: Draft HB 3536 Approval Criteria Tom & Judith: (bcc: BOCC) Please find attached draft approval criteria that Matt, laurie, Kevin and I have prepared based on extensive discussions today. The small-scale recreation community at a heritage guest ranch would be a permitted use subject to these criteria and those in the bill, and approval of a master plan and subsequent site plans would be local land use decisions. Chair Unger called today and suggested the Board discuss the draft provisions at its work session next Wed., June 12. Judith might want to inform PAC Counsel that formal Board comments will be forthcoming following the work session. In the meantime, if anyone has any suggestions for improvements or questions, please let me, laurie and/or Kevin know. Thank you. Nick lelack, AICP, Director Deschutes County Community Development Department PO Box 6005 117 NW lafayette Bend, OR 97708-6005 Office: 541.385.1708/ Cell: 541.639.5585/ Fax: 541.385.1764 www.deschutes.org/cdd 1 HB 3536-2 Replace: Sec. 3. (2) (b) on page 2, lines 19,20 Developed recreational facilities, including but not limited to tennis courts, spas, equestrian facilities, swimming polls and bicycle and hiking paths. With: The development area of a small-scale recreation community established on a heritage guest ranch ,'ihall include developed recreational facilities such flS golfCOUn'l!l" tennis courts, spas, equestrian faCilities, swimming pools, bicycle and hiking paths. Add new Section: APPROVAL CRITERIA SMALL-SCALE RECREATION COMMUNITY ON A HERITAGE GUEST RANCH In order to approve a small-scale recreation community on a heritage guest ranch, the Planning Director or Hearings Body shall find from substantial evidence in the record that: A. Negative impacts on fish and wildlife resources identified on the County's Comprehensive Plan as Significant as of January 1, 2013, shall be mitigated. B. Important natural features, including but not limited to significant wetlands, riparian habitat, and landscape management corridors will be maintained. Riparian vegetation within 100 feet of streams, rivers and significant wetlands will be maintained. Alterations to important natural features, including placement of structures, is allowed so long as the overall values of the feature are maintained. C. The development will not force a significant change in accepted farm practices or significantly increase the cost of accepted farm practices on surrounding lands devoted to farm use. D. Small-scale recreation community at a heritage guest ranch that significantly affect a transportation facility shall assure that the development is consistent with the identified function, capacity and level of service of the facility. This shall be accomplished by either: 1, Limiting the development to be consistent with the planned function, capacity and level of service of the transportation facility; 2. Providing transportation facilities adequate to support the proposed development consistent with Oregon Administrative Rules chapter 660, Division 12; or 3. Altering land use densities, design requirements or using other methods to reduce demand for automobile travel and to meet travel needs through other modes. A small-scale recreation community at a heritage guest ranch significantly affects a transportation facility if it would result in levels of travel or access that are inconsistent with the functional classification of a facility or would reduce the level of service of the facility below the minimum acceptable level identified in the relevant transportation system plan. a. Where the option of providing transportation facilities is chosen, the applicant shall be required to improve impacted roads to the full standards of the affected authority as a condition of approval. Timing of such improvements shall be based upon the timing of the impacts created by the development as determined by the traffic study or the recommendations of the affected road authority. b. Access within the project shall be adequate to serve the project in a safe and efficient manner for each phase of the project. E. The development will not create the potential for natural hazards identified in the County Comprehensive Plan. No structure will be located on slopes exceeding 25 percent. A wildfire management plan will be implemented to ensure that wildfire hazards are minimized to the greatest extent practical and allow for safe evacuation. F. The floodplain zone requirements of the applicable county shall apply to small-scale recreation community at a heritage guest ranch where applicable. G. The landscape management corridor requirements of the applicable county shall apply to small-scale recreation community at a heritage guest ranch where applicable. H. Adequate public safety protection will be available through existing fire districts or will be provided onsite according to the specification of the state fire marshal. If the small-scale recreation community at a heritage guest ranch is located outside of an existing fire district the developer will provide for staffed structural fire protection services. Adequate public facilities to provide for necessary safety services such as police and fire will be provided on the site to serve the proposed development. I. Streams and drainage. Unless otherwise agreed to in writing by the adjoining property owner(s), existing natural drainages on the site will not be changed in any manner which interferes with drainage patterns on adjoining property. All surface water drainage changes created by the development will be contained on site in a manner which meets all standards of the Oregon State Department of Environmental Quality (DEQ). The erosion control plan for the subject development will meet all standards of ORS 468. J. Adequate water will be available for all proposed uses at the small:':scale recreation communitY at a heritage .. guest ranch. K. The wastewater disposal plan includes beneficial use to the maximum extent practicable. Approval of the MP shall be conditioned on applicant's making application to DEQ for a Water Pollution Control Facility (WPCF) permit consistent with such an approved wastewater disposal plan. Approval shall also be conditioned upon applicant's compliance with applicable Oregon Administrative Rules regarding beneficial use of waste water, as determined by DEQ. Applicant shall receive approval of a WPCF permit consistent with this provision prior to applying for approval for its first phase of development under this section. L. The small-scale recreation community at a heritage guest ranch will mitigate any demands it creates on publicly owned recreation facilities on public lands within or adjacent to the development. M. The small-scale recreation community at a heritage guest ranch will be served by an on-site sewage system approved by DEQ and a water system approved by the Oregon State Health Division except where connection to an existing public sewer or water system is allowed by the County Comprehensive Plan, such service will be provided to the small-scale recreation community at a heritage guest ranch. N. Commercial, cultural, entertainment or accessory uses provided as part of the small-scale recreation community at a heritage guest ranch will be contained within the development and will not be oriented to public highways adjacent to the property. These uses will be permitted only at a scale suited to serve the visitors and residents of the community. The commercial uses permitted in the small-scale recreation community at a heritage guest ranch will be limited in type, location, number, dimensions and scale (both individually and cumulatively) to that necessary to serve the needs of resort visitors and residents. A commercial use is necessary to serve the needs of visitors and residents if: 1. Its primary purpose is to provide goods or services that are typically provided to overnight, short-term visitors, and residents to the small-scale recreation community at a heritage guest ranch, or the use is necessary for operation, maintenance or promotion of the small-scale recreation community at a heritage guest ranch; and 2. The use is oriented to the small-scale recreation community at a heritage guest ranch and is located away from or screened from highways or other major through roadways. o. A plan exists to ensure a transfer of common areas, facilities such as sewer, water, streets and responsibility for police and fire protection to owners' associations or similar groups, if contemplated. If such transfer is not contemplated, the owner or responsible party shall be clearly designated. Adequate open space, facility maintenance and police and fire protection shall be ensured in perpetuity in a manner acceptable to the County. P. Temporary structures will not be allowed unless approved as part of the MP. Temporary structures will not be allowed for more than 18 months and will be subject to all use and site plan standards of this section. Q. The open space management plan is sufficient to protect in perpetuity identified open space values. R. All applicable provisions of Section 3. To: Deschutes County Board of Commissioners From: Judith Ure, Department of Administrative Services Date: June 10, 2013 Subject: Proposed Grant Application for the Deschutes County Family Drug Court The Deschutes County Health Services Department is requesting Board of Commissioner approval to submit a grant application on behalf of the Deschutes County Family Drug Court. A summary of the grant opportunity follows: Program: Deschutes County Family Drug Court Funding Agency: Oregon Criminal Justice Commission (CJC) Due Date: June 17,2013 Amount: Approximately $250,000. Exact amount will be determined by a formula that considers number of drug court participants, participant risk factor, and per day cost of treatment. Matching Funds: None Duration: Two years Supports: Drug Court staffing and contractual drug and alcohol treatment services Primary Partners: Deschutes County Health Services (lead agency), Community Justice Department, District Attorney's Office, Deschutes County Circuit Court, and Oregon Department of Human Services -Child Welfare Division Background: The County has received funding from the CJC for the Drug Court program since its inception in 2006. CJC grant programs were the original source of funds that enabled implementation of the drug court and have been awarded every biennium since. Please contact Judith Ure at 541-330-4627 if you have questions concerning this request.