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HomeMy WebLinkAbout2008-11-05 Work Session Minutes 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, NOVEMBER 5, 2008 ___________________________ Present were Commissioners Dennis R. Luke, Michael M. Daly and Tammy Baney. Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy County Administrator; Anthony Raguine, Tom Anderson, Dennis Perkins, Kevin Harrison, Paul Blikstad and Cynthia Smidt, Community Development; Laurie Craghead, Legal Counsel; and four other citizens. Chair Luke opened the meeting at 1:30 p.m. 1. Discussion of Feasibility of “Youthbuild” Grant, Boys & Girls Club. This item was canceled at the request of the Boys & Girls Club representative. 2. Work Session regarding the Vander Zanden Appeal. Cynthia Smidt gave a brief overview of the item, which relates to a type 3 home occupation request that was approved by the Hearings Officer; five of the sixteen conditions are being appealed. The 20-acre property has a split zone. Commissioner Luke said that he was under the impression that the Hearings Officer was restricting what was allowed in Code. Laurie Craghead stated that it is a matter of interpretation of the Code. The five conditions are outlined in a staff report. Most relate to noise control or potential disturbance of the neighbors. Commissioner Daly asked how it was determined that there was a noise problem. Ms. Schmidt said information of studies on similar operations was reviewed. Commissioner Baney asked if there is precedence on the hours of operation. She was advised it was a matter of interpretation. Minutes of Board of Commissioners’ Work Session Wednesday, November 5, 2008 Page 1 of 7 Pages Minutes of Board of Commissioners’ Work Session Wednesday, November 5, 2008 Page 2 of 7 Pages The applicant asked for two additional employees but would like to have up to five employees; Code allows up to five. The application did not address the impact of having more than two employees. Regarding so many trips per day, Commissioner Daly asked what the time period would be. Ms. Schmidt said this is an interpretation also. All of the traffic could occur during a short period of time Noise and sound pressure levels caused the number of daily trips to be up to fifty. Commissioner Luke said that he would like some input from staff on how this can be easily modified. Some rights are being taken away based on a piece of evidence on something that you can’t take to court. Commissioner Daly asked if there is testimony against this use by the neighbor, who all received copies of this decision. The closest neighbor is about 400 feet away. Ms. Smidt said there could be some. There can be up to twenty trips, per Code, with five employees. The Hearings Officer only allowed two. Ms. Schmidt will provide an oversized aerial photo to review. The landscaping requirement would like it reworded. Discussion continued on the Hearings Officer’s requirements, and the Commissioners reviewed some photographs of the property. This will be addressed at a future business meeting. 3. Discussion of File #TA-08-03, a Text Amendment to Allow Event Venues as a Conditional Use in MUA Zones. Anthony Raguine said some specific questions were asked at the previous hearing. Commissioner Luke asked about handicap accessibility. Other issues were egress, restrooms and parking. Commissioner Luke asked about home sprinkler systems that run off wells. Dennis Perkins stated that there is usually a backup system of some kind to keep things operating for a short period of time. It may be required in the future. It is the fire department’s call as to how that could be handled. The sprinkler requirement could be triggered by occupancy of more than fifty people, but would be based on an assessment of the type of building and its use. Minutes of Board of Commissioners’ Work Session Wednesday, November 5, 2008 Page 3 of 7 Pages Ms. Craghead stated that any complaints regarding ADA issues would be the operator’s problem, and the County would not be affected. All of the potential operators were notified that they have until January 1, 2009 to cease operations until a decision is made on the issue. Commissioner Daly asked if the text amendment could be written with conditions. Ms. Craghead said it could be narrowed down to specific criteria, such as the size of the parcel, inside versus outside music, the size of the building, setbacks, parking and so on. In regard to parking, Mr. Anderson stated that a slip-resistant path would be required from ADA parking and to restroom stalls. Dust needs to be controlled per Code. Mr. Anderson stated that the gallons of flow per day, 2,500 a day, could be approved by the County. Up to 300 people may add 1,500 gallons. What might trigger the need for the larger tank is more than one event a day. Typically, a separate system might be required for the building in question. This changes if there is commercial food preparation occurring on site. Commissioner Baney asked if a spreadsheet could be produced that shows the various options and requirements. Mr. Raguine replied that this depends on whether there would be different classes of events. Commissioner Luke asked if this is opening the door for other commercial activities in residential areas. Commissioner Daly feels that there are areas in the MUA-10 zone where this type of activity could be acceptable, instead of disallowing all of them. Mr. Raguine stated that his memo shows how this could work, depending on the level the Board prefers. Commissioner Luke said that people go home to relax. Zoning is in place so that people will know what they can do, and also what might be allowed next door. It is unfair to these residents to have to live next to large weddings and other events. Commissioner Daly pointed out that there is a long list of conditional uses for that type of property. Commissioner Baney pointed out that MUA-10 is a misnomer; most MUA is not ten acres. Many are four or less acres. If it is broken down to 0-5 acres, 5- 10 acres, 10-20 acres or larger. Commissioner Luke asked why it is important to allow an activity that was not allowed previously. Commissioner Baney said that in some circumstances, with limitations and mitigations, perhaps this could work on larger parcels. She asked if EFU land would be faced with the same issues. She believes that there are parcels that might work for this. Minutes of Board of Commissioners’ Work Session Wednesday, November 5, 2008 Page 4 of 7 Pages Commissioner Daly said that this type of thing has been discussed for home occupations. Mr. Raguine said that a type 3 home occupation has fewer impacts of people and trips. Commissioner Baney stated that a wedding once a week might equate to the total for the home occupation use for a week. Mr. Raguine asked how mitigation can be done and enforced, how many locations in an area can do this kind of activity, and so on. Ms. Craghead stated that other uses in MUA-10 are not as intensive as a wedding event. She asked if the Board had reviewed the Code sections she provided to them. Commissioner Baney asked if there could be an impact area set up, perhaps one each 5 miles. Mr. Raguine stated that rather than approving a more intensive use, instead Commissioner Daly feels that they are wasting a lot of time talking about these individual situations now. Commissioner Luke said he cannot support this type of activity in a residential area. He ahs had neighbors who disturbed his enjoyment of his home in the past. He feels residents have a right to enjoy their property in a normal fashion. Ms. Craghead asked if the other two Commissioners want to look at limitations, such as the size of the property, the type and use of the buildings, as so on. Commissioner Baney does not like the frequency of the events or a small parcel size. Commissioner Daly stated that there are probably properties where this would be acceptable. He does not want this particular situation approved as is. Commissioner Baney says there is a difference in building cabinets on property every working day, or allowing events that occur on weekends. Commissioner Luke said that putting in all of the improvements is expensive and an occasional event will not pay for it. It is not cost effective unless you have a lot of events. Mr. Kanner said that if the Board wants a modified text amendment drafted, some parameters need to be set. Commissioner Daly likes the economic impact and the option given to people to have their event in a nice outside location. He would like to find a way to have this work. Commissioner Luke suggested that staff could produce a map showing the larger MUA-10 parcels. It could be that there aren’t many or that most of them are not viable. Minutes of Board of Commissioners’ Work Session Wednesday, November 5, 2008 Page 5 of 7 Pages Mr. Anderson said that there is only one other MUA-10 operator out there now and clearly does not meet the criteria. To his knowledge, there are no others currently in operation that fit the criteria. After a lengthy discussion, it was determined that perhaps this issue needs to be brought before the Board as a yes or no vote as it has been presented, since it will be difficult to establish parameters on this particular situation on which all three Commissioners will agree. This will probably be placed on the November 24 business meeting agenda for a decision. 4. Other Items. Ms. Craghead asked the Board to sign a letter to a surety company regarding Arrowood bonding. The bonds will go from performance bonds to maintenance bonds. BANEY: Move approval. DALY: Second. VOTE: BANEY: Yes. DALY: Yes. LUKE: Chair votes yes. ___________________________________________ Commissioner Baney brought up the issue of the City of Bend indemnifying the County on their UGB amendment. Ms. Craghead said that the County does not have the responsibility to defend, although it can offer to do so. Mr. Kanner stated that this issue began with a meeting he had with Tom Anderson, Mark Pilliod and a representative of the City some time ago. At the time, the City was insisting on adopting indefensible findings. Mr. Kanner joked that the County would adopt them if the City would defend it. However, this resulted in the City presenting a draft document. The City Council has decided that an agreement is not even needed. Mr. Kanner stated that when there is an appeal, an executive session will be required and the City may have to be asked to pay any legal fees or the County will not defend it. The County can state that there are adequate findings and leave it up to LCDC. Minutes of Board of Commissioners’ Work Session Wednesday, November 5, 2008 Page 6 of 7 Pages Commissioner Luke said that there are too many Councilors who will not listen to the recommendations of the County. If it ends up at LCDC, it may be remanded back to the City for them to work out the problems. Ms. Craghead stated she does not want to sign the document as an attorney if she does not support it. The Board can sign it as a matter of policy. Mr. Anderson said there are people who want to be included in the proposed UGB annexation and aren’t, and those who are included who don’t want to be. Secondly, there are issues that ODOT and LCDC feel are problems, such as the size of the proposed UGB. That needs to get to DLCD so they can make their own specific findings and point out to the City where the problems are. The City would then be required to refine it in that regard. The third issue is a series of questions regarding intense uses on the fringe of the proposed boundaries. There has not been an opportunity for the Board to review these latest proposals. Most of these would create a huge traffic impact on County roads. ___________________________________________ Mr. Kanner said that the Humane Society of Redmond had $14,000 in the bank a week ago but has no money at this time due to payroll. They asked for another $15,000 to get them through the end of the month. Their expenses are around $30,000 per month. Mr. Kanner feels that if an agreement cannot be worked out with the banks, the current board there is ready to throw in the towel. They don’t want to put a lot of time into executing a fundraising plan if there is little chance of success. Their business model depends on the situation with the banks. If the County can keep them running for up to a year, they will get to the point of self-sufficiency. He meets with the banks tomorrow and hopes to know at that time if they will strike a deal. If it appears that a deal will work, he would like know if the Board would allow funding for another month. It is likely that the membership meeting that is coming will result in the current board being ousted. Commissioner Baney said they need to work this out themselves. Commissioner Luke said the question is whether to give them operating funds for another month. He feels that they need to keep things operating even if some kind of conversion needs to happen. Mr. Kanner stated that the only thing the County is required to do is provide intake services. They don’t have to do anything else. Commissioner Baney stated she would like the membership and board to work out their differences, with a new board in place in January. It was agreed that they cannot be allowed to shut down.