Loading...
HomeMy WebLinkAbout2009-01-28 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, JANUARY 28, 2009 ___________________________ Present were Commissioners Tammy Baney, Alan Unger and Dennis R. Luke. Also present were Dave Kanner, County Administrator; David Inbody, Assistant to the Administrator; Dan Despotopulos, Fair & Expo Center; Laurie Craghead, Legal Counsel; Nick Lelack, Kristen Maze, Tom Anderson, Peter Russell and George Read, Community Development; media representative Hillary Borrud of The Bulletin; and ten other citizens, including Suzanne Knapp, Policy Advisor in the Governor’s Natural Resource Office. Chair Baney opened the meeting at 1:35 p.m. 1. Central Oregon Steelhead Recovery Planning Efforts. David Inbody gave a brief overview of the project, and introduced Suzanne Knapp. Ms. Knapp explained that the public comment period concluded at the end of the year after extensive outreach efforts. She then gave a PowerPoint presentation detailing the reason for the project, along with the scope and future plans. (A copy is attached as Exhibit C.) These are not regulatory documents. Plans were developed collaboratively, and were based on sound research and science. All of the participating groups agreed on how the plan would be implemented. Commissioner Baney observed that the County cannot simply delist a fish without concurrence of other areas where the fish is still considered endangered. Mr. Inbody said that the County is working closely with Community Development and the Road Department to clarify current policies to identify potential risks, and will have that information available in a few months. Minutes of Board of Commissioners’ Work Session Wednesday, January 28, 2009 Page 1 of 11 Pages Minutes of Board of Commissioners’ Work Session Wednesday, January 28, 2009 Page 2 of 11 Pages 2. Discussion of Destination Resort Mapping. Kristen Maze said there are two questions: take off map and change; what process to determine which properties should be mapped. A table was put together with the alternatives. Stakeholder and public meetings have been held to help refine this discussion. Commissioner Luke said that it might be easier to eliminate pieces off the mapping as the first step; these are parcels that Ms. Maze said they would have to wait thirty months to make a second set of changes, per legislation. Commissioner Baney asked about the Measure 49 takings issue. Laurie Craghead said that they do not qualify as takings, but the basic question is whether a destination resort is a residential use. At this point, the thinking is it is not residential, so the Measure 49 issue would not kick in. However, this is not known yet. It was thought to be a way to provide income to the area. Commissioner Baney stated that it is possible for people to buy properties and combine, to change the use. Commissioner Luke said there are properties that are resource or other uses that will never be able to become a destination area. Ms. Maze said the minimum lot size is 160 acres, but does give a disadvantage if you wanted to combine properties. Ms. Craghead said that there are destination resort developers who have no residential component, just a hotel and other recreational amenities for tourists. Those developments would not require a lot of acreage. Ms. Maze observed that she has heard over and over that 160 acres is too small to work. Keith Cyrus of the Planning Commission said they have had this discussion more than once. The big stumbling block is to find people who are willing to give up their resort overlay. Some of this is in regard to the Measure 49 issue. The ideal scenario is that people give up their overlay and release it officially. If it was a five or ten acre subdivision, someone could buy it all. However, it would be difficult to do this. There are situations where someone could expand an existing resort if adjacent properties have the overlay. There are 112,000 acres now mapped, but that takes in a lot of subdivisions that probably would not be able to do anything. He would like to eliminate those first to make the overview more realistic. Minutes of Board of Commissioners’ Work Session Wednesday, January 28, 2009 Page 3 of 11 Pages Commissioner Baney said if some of the people in a subdivision sign a release, this would automatically exclude the adjacent properties. Commissioner Luke stated that they are not eligible anyway since they already have residences on them. Ms. Craghead said that the Board dealt with a cluster development application and this situation was different. Commissioner Baney stated that there appears to be no way to know for sure how many of these there are. Ms. Maze said that mapping alternative #3 says that; that notices be sent out and if they do not reply, they would be excluded; if they did and wanted to be kept on, they could be included upon approval of the Board. Commissioner Unger stated that the comprehensive plan process might end up adding to the map. He wanted to add a #5 and address the mapping through this process. He wants to see in the end that they have predictable uses of property, including consideration of the roads, water and other aspects. Ms. Maze said that the problem is if someone wants to come in and go through the process, they have to take it through the decision-making process. There are two bills in the legislature right now, the Metolius and one taking some resort language out of statute and putting it in goal, saying that destination resorts are not a residential use. This would take the Measure 49 aspect out. Commissioner Luke stated that they are placeholder bills at this point. He said he does not know anyone who believed a Jack Nicklaus golf course would be built in the middle of dry land and that sales would be as strong as they were. Things can change and these changes cannot always be anticipated. Commissioner Unger said there are other concerns, such as the amount of water. Commissioner Luke stated that is not for the County to consider; this is for the developer to prove. Ms. Maze said the second part of the table shows how to make these decisions; where do these make sense. (She referred to the alternatives at this time.) Commissioner Luke said that licensed professionals are used to determine traffic and other impacts. It would be no different if the County hired these people, but they could eventually end up working for the resorts. There are always going to be gray areas. Ms. Craghead stated that Peter Russell reviews traffic impacts already. Mr. Russell stated that this is a multi-stage process. Minutes of Board of Commissioners’ Work Session Wednesday, January 28, 2009 Page 4 of 11 Pages Ms. Maze said that the process is incomplete in regard to handling the amendments over a thirty-month period of time. The other part is how to judge them. If an applicant comes in with a text amendment, the County will have to judge and make a decision. Mr. Russell asked what could be taken out – a predeveloped subdivision, a deer migration area, and so on. Commissioner Luke said why not take them all off and they have to respond to be left on. Most people do not know what the standards and minimums are. It does not have to be a difficult process. You then see who wants to be left on and deal with those individually. Ms. Craghead stated that the potential impacts are not known, especially in regard to Measure 49. Ms. Craghead said that there is no affirmative requirement or obligation for someone to respond to the County. Mr. Russell stated that if they are less than 160 acres, notice could be sent out and those properties excluded. Commissioner Baney said that this takes away their opportunity to ever apply in any circumstances. Mr. Cyrus stated that a lot depends on the Measure 49 aspect. Some of the earlier neighborhoods that do not have high value homes could be wiped off and come back with a development plan. There are a lot of thing that could be done to generate open space and start fresh. He could envision something like a fairgrounds or RV park or similar use. The ideal situation would be to have people voluntarily release the mapping. Commissioner Luke said that some have to be taken off to map any more. There is already too much acreage according to many people. Tom Anderson stated that if everyone could voluntarily be removed, it would solve a lot of issues. Ms. Craghead clarified that in the two tiers, they get something better in tier one due to size, closer to infrastructure, etc. Commissioner Baney said that most properties are not good prospects for that. The County would not change the map but consider the potential one differently. They will have more hurdles. Commissioner Luke suggested they go with #2; Commissioners Baney and Unger would like a hybrid of #3 and #4. Perhaps all that are less than 160 acres should be notified that they are going to be removed. They would have to file a formal request to be left on. Most of the people on smaller parcels will not care. The likelihood that some will file a Measure 49 claim is very remote. Minutes of Board of Commissioners’ Work Session Wednesday, January 28, 2009 Page 5 of 11 Pages Commissioner Luke asked how much would be eliminated if this was done. Ms. Maze said it would be about 80%. She asked if during the remapping process someone wants to be mapped, they will have to know how to do it. They would have to add lands at the same time to avoid a thirty-month process. Commissioners Luke said it is clearly not just the land, but also the location. The process would have to allow adequate time for a response. Commissioner Baney stated that they could send certified letters to those that do not respond one way or another. Mr. Russell asked about parcels that are big enough but not already mapped. Commissioner Luke said that a notice could be sent to every property owner with the tax bills in the fall. Commissioner Unger asked how the property ended up on the map. Mr. Russell said that everything that could possibly be mapped was done at the time. Commissioner Luke stated that anyone who wants to be mapped is probably paying attention to what is going on. Commissioner Baney stated that they still need to be notified in some manner if they are not already mapped. Mr. Kanner stated that those who own large parcels of property will have an opportunity to come to the County and ask why their property is not included. It will be put out for input. Anyone who is aware of Oregon land use law and has a large tract of land is probably going to respond if they are interested. Commissioner Luke said there should be hearings before the Planning Commission and the Board as well. Mr. Cyrus said that some may decide to combine properties. Eagle Crest was originally eight parcels. Commissioner Luke responded that at some point in the future someone could request to be added to the map if they do combine properties. Commissioner Unger added that he would like some predictability to land use and know what might be coming. Commissioner Luke said that no one can predict the distant future. Nick Lelack said it is not just the thirty- month window. If the legislature moves this into the Rule process, they could change a lot of things. The County should act quickly to give opportunities to property owners. Minutes of Board of Commissioners’ Work Session Wednesday, January 28, 2009 Page 6 of 11 Pages Commissioner Luke said he would have a real problem with Salem doing land use for Deschutes County. He likes the public process, which is for the most part overlooked if this moves to Salem. Mr. Cyrus stated that he wants to be sure the Commissioners are aware that he has a potential conflict of interest because of his personal interests in land use. The Commissioners stated that he is very fair and open and clearly knows how to separate his individual opinion from those of the Planning Commission, and that he is at the meeting today for his own interests. Commissioner Luke asked that Ms. Maze come back with a plan. Ms. Maze asked which property owners should be notified. Commissioner Luke stated that staff can talk about these options. Property owners should be notified that they may be removed. Mr. Anderson stated that the cost to do a notification to all of them could be high. Commissioner Baney would like to limit it to 160 acres and less. Commissioner Unger would like to do the same. He does not think there are that many. Linda Swearingen stated that if 160 is used they would get over 90%. Ms. Maze agreed. Commissioner Unger said that the notification should be sent to everyone who is mapped that their property could be removed. Ms. Craghead said that statute requires a procedure to do this. Commissioner Luke said there would be a schedule for mailing and hearings. Ms. Craghead said that the portion to include properties has to be done at the same time. Ms. Maze stated they need guidelines for the second part as well. Mr. Lelack stated that procedures have to be defined as to what properties might be added. Mr. Maze stated that some of this will be complex and controversial. Commissioner Baney feels that this might eliminate some opportunities for mitigation. Commissioner Luke said that choice “D” is what is in place now and has been relatively effective. Commissioner Baney would like a hybrid of choice “C” and “D”. Commissioner Unger said that is should be a recreational facility and may not have a golf course. It could look like the fairgrounds and have a water park. It is hard to know what it might be. Minutes of Board of Commissioners’ Work Session Wednesday, January 28, 2009 Page 7 of 11 Pages Ms. Maze asked if she should meet with stakeholders to work this out. They may be able to come back with some refinements and know what might work. Ms. Craghead stated that the stakeholders need to include more than just the property owners. Ms. Maze replied that this would include opponents to development as well. Mr. Lelack said that Sunday’s Oregonian will have an article about destination resorts, and it is not known yet what it will say. He was interviewed for it, though. Commissioner Luke observed that the people in the valley feel that Central Oregon is their playground and do not want things to change. Commissioner Baney emphasized that the process needs to be as open as possible so the proper decisions can be made. 3. Discussion of Funding Request from Sunriver Chamber of Commerce. Dennis Smeage, Executive Director of the Sunriver Chamber of Commerce, gave an overview of funding needs for 2009, which they expected to come from COVA. The COVA Board did deny this, however. He asked that the County fund this directly instead of through COVA as it has been done in recent years. Dave Lewis said that COVA and the Marketing Alliance were not able to come to an agreement; the Chamber had no say on the funding and has had no representation for more than a year. Half of the funding that was to go to the Chamber was being used for other things. They wish to expand their hours of operation as well. He does not understand why COVA does not see the importance of what they do. Most communities have this resource, which is funded by the cities in large part. Mr. Smeage said that property managers sometimes have a rack of brochures but more than that is needed to be a real resource. Commissioner Luke stated that EDCO and the Chambers would say that a lot of business end up in this area after visiting the area. Those who are visiting Sunriver will not go to COVA for information. Minutes of Board of Commissioners’ Work Session Wednesday, January 28, 2009 Page 8 of 11 Pages Dave Kanner said that he had a couple of concerns regarding the fact sheet. One question was whether they would be open seven days a week. Commissioner Baney stated that a visitors' center should be open on the weekends when visitors are there. That is different from a Chamber of Commerce. Mr. Smeage said that they lost funding a year ago and were unable to do both. They also lost the ability to handle some of the events that helped with their funding. They are looking at the cumulative effect of not having half of their budget anymore. They have to decide how to survive as a Chamber and be a visitors’ center as well. Mr. Kanner asked about the number of inquiries, which averages about five a day. Mr. Lewis said they do not have a counter on the door. Some people come into the foyer and not the rest of the building, so those cannot be easily tracked. Those who do not directly engage staff are not counted. Mr. Kanner asked if the membership has been asked if a visitors’ center is important to them and feel should be in place, rather than being just a Chamber that develops and supports businesses. If they feel it is a priority, whether the members would help with funding. Mr. Lewis said they surveyed members last year and some indicated it is a viable function. The Chamber board feels that the visitors’ center is important to put a face to the business community. Commissioner Luke said that it bothers him that COVA changed the rules without telling the County. They were not to pull the funding. He would not have voted to put the money into COVA if he knew at the time they would not forward the appropriate amount to the Chamber. COVA indicated it would look their records look better and would provide consistency. He feels that a Chamber in that area is more important than other locations. Mr. Smeage said that they are trying to be good stewards, but it is hard to survive with a limited number of members and businesses. They want to be the face of Sunriver and need to make it more than just a Chamber. The members want to see public outreach. Minutes of Board of Commissioners’ Work Session Wednesday, January 28, 2009 Page 9 of 11 Pages Mr. Lewis stated that the request for $30,000 is based on a budget analysis. They included an arbitrary figure to try to recovery some of the funds they feel they should have gotten from COVA in the past. Their normal funding is $2,300 per month but the request is for more to make up part of the funding for the months they did not receive any. Commissioner Luke said that a discussion needs to occur at the Chamber as to what should be funded, tourism activities or Chambers. Commissioner Unger stated that Redmond Chamber is not open on the weekends but brochures and information are available all the time. He does not understand why the Mall is taking over some of the activities normally handled by a Chamber. It does not sound like the various groups are talking to each other and there may be duplication of efforts. He would like to see a work plan of some kind with benchmarks on who handles what and how funding would be used. Commissioner Luke stated that the new mall owners are more involved than previous owners, in an effort to increase business. Commissioner Unger said there needs to be accountability at COVA as to where the funding is going and for what. Mr. Kanner said that the COVA board authorized a 15% reduction in their budget. They project that revenue will be down that much and possibly more. They cut about $100,000 from their advertising budget. Instead of $30,000, perhaps this should also be cut by 15%. Mr. Lewis said they need about $6,000 a month to operate. There are other revenue sources, such as membership dues and an annual dinner. Mr. Kanner said that the Chamber has operated in good faith and drew from reserve funds to keep operating. However, transient funding is down. Commissioner Luke stated that he would support $25,500 at this time, but looked for recommendations in this regard. Commissioner Baney added that there are many things at play, including a variety of entities that offer services of some kind and they are not on the same page. Mr. Smeage stated that the local businesses have no representation except through the Chamber. The other groups are property owners or the mall that may want to support their own plans that do not benefit these businesses.