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HomeMy WebLinkAbout2015-03-04 Business Meeting Minutes Minutes of Board of Commissioners’ Business Meeting Monday, March 2, 2015 Page 1 of 13 For Recording Stamp Only Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF BUSINESS MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, MARCH 4, 2015 _____________________________ Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend __________________________ Present were Commissioners Anthony DeBone, Alan Unger and Tammy Baney. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David Doyle and Laurie Craghead, County Counsel; Nick Lelack, Peter Gutowsky, Anthony Raguine, Paul Blikstad and Will Groves, Community Development; and about twenty other citizens including Ted Shorack of The Bulletin. Chair DeBone opened the meeting at 10:00 a.m. __________________________ 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT None was offered. 3. Before the Board was Consideration of Signature of Document No. 2015- 118, an Improvement Agreement between Deschutes County and Tetherow Rim LLC, for Roads and Utilities in the 29-Lot Single Family Subdivision Granted Approval under TP-14-1023. Minutes of Board of Commissioners’ Business Meeting Monday, March 2, 2015 Page 2 of 13 Will Groves gave a brief overview of the item. The request is for an extension of time to complete the roads and utilities, and provide security for same through a bond. The improvements have to be completed no later than one year from the recording of the subdivision plat. This will allow them to proceed. The final bond, Exhibit D, has not been received but is required before recording. Commissioner Baney said that on page 5 of the improvement agreement, the dollar amount is not the same as on the memo. Mr. Groves said there were some small changes and the new version is now ready for signature. UNGER: Move signature BANEY: Second. VOTE: UNGER: Yes. BANEY: Yes. DEBONE: Chair votes yes. 4. Before the Board was a Public Hearing and Consideration of First Reading of Ordinance No. 2015-002, a Code Amendment to Allow a New Manufactured Home/RV Park in the MUA-10 Zone. Chair DeBone read the opening statement for the hearing. Paul Blikstad outlined the hearings process and gave an overview of the proposed Ordinance. In regard to conflicts of interest, Commissioner Baney said she only discussed this item at a work session, as did the other two Commissioners. There were no conflicts of interest to disclose and there were no challenges from the audience. Mr. Blikstad said the applicant was not required to address the transportation planning rule. It has been 29 years since a new manufactured home park has been established here, as the criteria is very exact. It would have a minor impact on traffic but could also help with low-cost housing needs. Tom Anderson asked if adjacent means a common lot line or the street. Mr. Blikstad stated that the existing zone goes to the middle of the street. Minutes of Board of Commissioners’ Business Meeting Monday, March 2, 2015 Page 3 of 13 Commissioner Unger asked about road access other than Highway 97. The property is against the railroad tracks and appears no other road is possible. Mr. Blikstad said this is the case. Commissioner Baney said that the number of units does not trigger the transportation planning rule, but there does not appear to be much information from ODOT about any potential traffic implications. __________________________ Gary Knight said he has owned the property for many years. Commissioner Baney asked what the interactions with ODOT have been. Access to Highway 97 is a potential issue. Mr. Knight stated he has talked with representatives of ODOT and they proposed a stoplight on the southern end of the property. Four plots have been combined into one. (He referred to an oversized map.) He will be entitled to another access point and one will be right in, right out only. ODOT is purchasing some property to continue a sidewalk. Commissioner Baney asked if this is in the record at this point. Commissioner Unger said this is new information to him, and he has been involved in planning the north end of town, regarding the Cooley Road area, and he is unfamiliar with this. Mr. Knight stated they are moving from south to north on this and told him it might be five years. There will be minimal ly increased traffic there. Commissioner Baney said she is on the Oregon Transportation Commission and she wants to be sure this has been addressed. She is supportive of limited additional use but wants to be clear about what can be done. Commissioner Unger stated he spoke with an ODOT representative and was told the project is so small that it does not trigger ODOT involvement. Access onto the highway is a concern due to the amount of traffic and speed. Mr. Knight stated that there has not been an accident there since he has owned the property. __________________________ Nunzie Gould, citizen, said there is an interesting model established by Brooks Resources regarding keeping housing affordable, in conjunction with NeighborImpact. It involves a deed restriction having no escalation on the land, to keep the affordable housing project in inventory even after it is sold. It is important if it is said that something is to be affordable housing to identify how it will stay that way. Minutes of Board of Commissioners’ Business Meeting Monday, March 2, 2015 Page 4 of 13 It is not just this property but how the broader picture is handled. Affordable housing is needed and how it relates to transportation models is an important part of planning. The City of Bend and Bend Metro Park and Recreation District staff have talked about reducing SDC’s to keep property affordable. Instead, this needs to be viewed as how to achieve this goal and what will it be in fifty years. This applicant may not be planning this , but there is a lot to consider. Everyone needs to know the facts. Commissioner Baney stated that no tax abatement or waiver of SDC’s has been mentioned. Concerns are mostly how this impacts Highway 97. __________________________ Mr. Blikstad said they could leave the record open for two weeks to get written information from ODOT. Commissioner Unger wants to get some kind of response from ODOT to figure out how this will be addressed. Commissioner Baney said that there are some assumptions being made on improvements and use, and she would like to hear from ODOT on phasing and funding. Commissioner Unger stated the text amendment talks about no more than ten dwellings. The Oregon Department of State Lands property also falls under this amendment; he asked if this would also limit them to ten units. He is concerned that the limit would be applicable to both. Mr. Blikstad said that the amendment could require findings regarding the TPR as well. Commissioner Baney noted that this would be a significant expense to the applicant. Peter Gutowsky said that to clarify, the applicant chose to submit a text amendment to allow this. Two properties fit this description. The trip cap is the applicant’s choice since he did not want to address the TPR. If the Board contemplated this, staff would advise the findings would not comply with Goal 12. There has to be consistency. The questions regarding Highway 97 might best be addressed by ODOT in person. Commissioner Baney noted that some are assuming that the manufactured homes are affordable housing, but that relationship is not in question. This is privately owned property, and what is before the Board is not a request to add affordable housing stock. Minutes of Board of Commissioners’ Business Meeting Monday, March 2, 2015 Page 5 of 13 Mr. Gutowsky said that this is just a text amendment, that if approved would allow the applicant to apply for a Goal 14 exception, a conditional use and a site review. Orientation and access would be considered at that point. This would be the first of several steps to be able to put in six units. The hearing will remain open and staff will invite ODOT representatives to participate in a discussion. The hearing was continued to Monday, March 16 at 10 a.m. 5. Before the Board were Deliberations towards a Decision regarding Tumalo Irrigation District’s Request for Approval of a Land Use Compatibility Statement (LUCS) to Transfer Water Rights from Tumalo Creek to Reservoirs on Private Property (Owner: KC Development Group, LLC). Anthony Raguine provided an overview of the issue. He clarified for the record that on February 20, TID submitted its final legal argument. There was new evidence in Exhibit B of that submittal, which was not allowed. That new evidence was redacted from that review and a statement in Exhibit C that references Exhibit B. However, two other statements referenced Exhibit B. The Board can affirm the redaction and remove from consideration references to the redacted information. Chair DeBone said he disregarded this information; the other Commissioners said the same. BANEY: Move to not consider Exhibit B, statement of reference in Exhibit C, and not consider those references shown on page 4, paragraph 6. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. __________________________ Mr. Lelack clarified that the water does not come from Tumalo Creek but rather from the Tumalo Reservoir. Mr. Raguine referred to the matrix provided to the Board. The decision for the Board is whether the LUCS is a development action or a land use action. Minutes of Board of Commissioners’ Business Meeting Monday, March 2, 2015 Page 6 of 13 Commissioner Baney asked about permitting for surface mining and for a recreation facility. There was information regarding the amount of material that would trigger a permit for surface mining. Mr. Raguine said there was not a minimum or maximum yardage, but the Hearings Officer felt that either outright permitted or conditional uses and related activities met that threshold for surface mining. Commissioner Unger considers this a development action. Chair DeBone feels that it is more a land use issue. Commissioner Baney said that at its initial face value, she understands how they got to this being a development action and for water conservation. However, the record is strong that this is a land use action. To isolate this part of it is a disservice to the opportunities that are afforded through a conditional use versus an outright use. Mr. Raguine said that if it is a development action, the question is whether the Planning Director have the authority to treat it as such. Commissioner Baney feels the record as a whole lends itself to a land use action. Mr. Raguine said the Curl v. Deschutes County case simply said that categorizing the use makes it a development action. They differ with the applicant, with the Planning Director treating it as a development action. But the Board can consider it a land use action for processing its review. Chair DeBone indicated he thinks it is a land use action. Commissioner Unger feels the transfer of water and the reservoir is a development action and the reservoir itself will be addressed down the road. Mr. Raguine reiterated that the Board agrees the initial action of the LUCS is a development action. They confirmed. The next question was whether the Planning Director had the authority to treat the development action as a land use action during the review process. Therefore, they would go to question 3. The next question is if the LUCS only identified the water rights transfer. The Hearings Officer brought up whether the LUCS should identify the creation of the reservoirs. Staff feels yes, that you can’t have one without the other. The Board agreed. Minutes of Board of Commissioners’ Business Meeting Monday, March 2, 2015 Page 7 of 13 Chair DeBone said the scope includes moving dirt and putting in a liner. Commissioner Baney stated that it was not just water going into an existing reservoir. There was a lot of work to be done to facilitate the reservoir itself. Mr. Raguine referred to question #4. In the RR-10 zone, there is an outright use for irrigation district purposes. The Hearings Officer disagreed in this case, and felt the scope of the work met the threshold for surface mining for legislative review, referencing Squaw Creek Irrigation District. The question is whether the creation of those reservoirs an outright permitted use or does it rise above that. Commissioner Unger feels they have a right to operate reservoirs and canals, and this is a complement of this system, outside of the County' outright authority. They created a new reservoir. Commissioner Baney said that the word ‘existing’ does not apply as these did not exist at the time. Chair DeBone feels this is a valuable asset for the District, but this is an existing surface mine area. They just redefined the use. He is leaning the other way. Mr. Raguine said there are reservoirs and the water rights transfer to consider. If this rises to the level of surface mining, they needed a conditional use permit. Commissioner Baney feels this is a noble idea to fill a need, but it is a matter of how they get there. The majority of the Board felt this rises to the level of needing a conditional use permit for mining. This is because it was not part of an e xisting system. The reservoir was not there before. Mr. Raguine went to #8, the use of the reservoirs as a recreational facility. The Hearings Officer felt that this also requires a conditional use permit for a recreational use requiring large acreage. The applicant thinks this is accessory and no CUP is needed. Commissioner Baney said it needs a CUP. Commissioner Unger feels recreation is a historic use for reservoirs, but there has been a change in use in this case. Chair DeBone thinks this is a very different use than surface mining. Commissioner Baney said there is a path there, but it needs to be done properly. Impacts need to be mitigated. Minutes of Board of Commissioners’ Business Meeting Monday, March 2, 2015 Page 8 of 13 Regarding question #9, the argument by appellants is that the wells and road construction are part of a plan to put in a cluster development. The applicant argues that this is not correct, and that a conditional use permit and plat review would be required later. The appellant states that this is the first phase of the development and needs a CUP. Commissioner Unger feels that there is a lot that has to happen for a cluster development and they are not there yet. Commissioner Baney stated that the applicant is at risk making improvements without this being clear. If they invest in this, they may still not get what they want. Chair DeBone agreed. Mr. Raguine said the Board appears to be affirming the Hearings Officer’s decision. The Board can affirm this and can also add additional findings. Mr. Lelack stated that the Board can do this today or address it later. Commissioner Baney did not look at all of the Hearings Officer’s decision points, just the basics on the matrix, so is not ready to make that blanket statement. Commissioner Unger agreed. Mr. Lelack said they can prepare findings for the Board to review. Mr. Raguine stated the applicant has tolled the clock to March 31. Commissioner Baney does not feel a work session is necessary prior to deliberations on the final decision. __________________________ Before the Board was Consideration of Approval of the Consent Agenda. BANEY: Move approval of the Consent Agenda, with the exception of the minutes which are still to be reviewed. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. Consent Agenda Items 6. Board Signature of Letters regarding Howell’s Hilltop Acres Special Road District: Accepting the Resignation of Gary Ollerenshaw and Thanking him for his Service; and appointing Bill Welch, through December 31, 2015 Minutes of Board of Commissioners’ Business Meeting Monday, March 2, 2015 Page 9 of 13 7. Approval of Minutes:  Business Meeting of February 25, 2015  Work Sessions of February 23 and 25, 2015 CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 8. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $28,015.19. UNGER: Move approval, subject to review. BANEY: Second. VOTE: UNGER: Yes. BANEY: Yes. DEBONE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-H COUNTY SERVICE DISTRICT 9. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District in the Amount of $2,187.70. UNGER: Move approval, subject to review. BANEY: Second. VOTE: UNGER: Yes. BANEY: Yes. DEBONE: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 10. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $566,062.60. UNGER: Move approval, subject to review. BANEY: Second. Minutes of Board of Commissioners’ Business Meeting Monday, March 2, 2015 Page 10 of 13 VOTE: UNGER: Yes. BANEY: Yes. DEBONE: Chair votes yes. Mr. Anderson noted that this included $24,000 paid to the Humane Society of Central Oregon regarding a dog seizure issue, out of the Sheriff’s Office fund, since the dogs had to remain in custody. David Doyle is trying to coordinate a better process with the D.A. so a sizeable bill does not result from situations like this. 11. ADDITIONS TO THE AGENDA A. Chair Baney said that Carol Stiles has asked that the American Free University, which is celebrating its 20th anniversary, receive a letter of support to celebrate this relationship. The Board was agreeable. B. John Huddle, Vice President of the Citizens Action Group, and Wendall Evers, 2nd Vice President, said that CAG was to pick up the matching funds for public transportation. He showed a check for $3,125 to satisfy the total of $5,000. Commissioner Baney commended them on helping to provide a service to local residents. Most was raised by senior volunteers. Andrew Spreadborough, Executive Director of Central Oregon Intergovernmental Council/Cascades East is pleased for the support of CAG. They recognize the work that went into this. It is consistent with the spirit of a rural system that needs a lot of different funding sources. The other piece is this has a very favorable match rate. Karen Friend, the COIC Transportation Manager, said she appreciates the CAG stepping up to do this. It is fairly unique that a community organization would do this. She hopes the community recognizes this effort. Mr. Huddle said that Molly Ray put in a lot of time and effort and he wished she could be present. He presented the check to COIC. Chair Baney said that Deschutes County matched the $5,000 as well. It all helps. Minutes of Board of Commissioners’ Business Meeting Monday, March 2, 2015 Page 11 of 13 Commissioner Unger noted that if CAG had not stepped up to do what the City would not, it would have been much more difficult. Mr. Huddle said that he is trying to find out if OSU-Cascades has a graduate student who can take on the organizational portion of this project. Judith Ure said the cycle is coming to an end and the Board approved $5,000 as a match for a two-year period. This was paid out of video lottery funds. The question is what level of support, if any, the Board wants to support dial-a-ride services. This application is due March 11. Commissioner Unger stated it should not be just the County paying, but someone has to. He wants to know who will step up as well, whether the City of La Pine or CAG. They want more discussion, but the timing is not right for that. Commissioner Unger asked if the Board should put the funds in and then find partners to participate. CET needs to know what figure to put in the application. Ms. Ure said that the match drives the total request. The total project is $44,000. The requirement is 10.27%. If the Board wants to fund it at $10,000 this drives the grant amount of $87,000. A total of $1.12 million comes to the County and the cities apply for part of this. The City of La Pine does not feel it can come up with $5,000 for its citizens. Commissioner Baney asked if they did not just consider La Pine, would this secure funds for the other cities. Mr. Spreadborough said there are four communities tapping in, as well as other organizations. Chair DeBone asked if this is just dial-a-ride Ms. Friend said there is the connector service and services within La Pine. It is about half of each. The amount applied for is about 20% of the budget for La Pine services. It is mostly for seniors and people with disabilities. The service area is well beyond the UGB there because so much of the needed services are in the rural area. About 1/3 is within the city. This is unique to La Pine. Commissioner Unger said it is up to the community as well as the Board on how the residents are to be supported. Chair DeBone stated this is discretionary and may not be a core role for the County. Commissioner Baney feels there is an economic impact and necessary service. There is a cost savings to helping those who need this assistance get to their jobs or whatever. Minutes of Board of Commissioners’ Business Meeting Monday, March 2, 2015 Page 12 of 13 Commissioner Unger agreed. It is critical to the users. He hopes to continue discussions with the City of La Pine, as they have partnered with them on many things. Chair DeBone stated that they are still a young city and they are not experiencing a lot of growth. Commissioner Baney suggested that the City at least support this at 10% of the total, with the County picking up the rest of the $10,000. Commissioner Baney hopes that the City feels this is important to its citizens. It is well leveraged and very necessary for the people there. Chair DeBone said there are a lot of rural neighborhoods and marginal roads. He agrees they should partner. Commissioner Unger feels the City needs to understand the need as well, and recognize the County’s expectations of them. Commissioner Baney knows there is a lot of struggles with affordable housing, which tends to be on the outskirts, but those people also need transportation. Chair DeBone supports $10,000 for a two-year period but not have it become a core responsibility of the County. BANEY: Move submittal of $10,000 into the grant application, with the City matching it at $2,500 per year. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. Commissioner Baney wants to put pressure on the City to come up with funds to participate. Being no other items brought before the Board, the meeting was adjourned at 11:35 p.m. DATED this ! ( :!:.-Day of mdlU ;.?'--2015 for the Deschutes County Board of Commissioners. Anthony DeBone, Chair Alan Unger, Vice Chair ATTEST: ~~ Recording Secretary Minutes of Board of Commissioners ' Business Meeting Monday, March 2, 2015 Page 13 of 13 LEGISLATIVE HEARING OPENING PROCESS: 1. CHAIR: "This is the time and place set for a hearing on ordinance 2014-02. The County file number is TA-14-2." 2. CHAIR to CDD staff: "Staff will outline the hearing procedures that will be followed." 3. COD STAFF informs the audience as follows: • The hearings body -the Board of County Commissioners, in this case -will take testimony and receive written evidence concerning Ordinance 2014-02. • The ordinance proposes to amend Deschutes County Code 18.32.030 adding a new manufactured home/recreational vehicle park as a new use to the title. • All testimony shall be directed to the hearings body • At the conclusion of this hearing the hearings body will deliberate towards a decision or continue the hearing or deliberations to a date and time certain • The hearing will proceed as follows: o staff will provide a brief report o the applicant will present its testimony and evidence o the opponent (and/or proponent) will present its testimony and evidence o any other interested persons will then present testimony or evidence o the applicant, as the party bearing the burden of proof, will then be afforded an opportunity to present rebuttal testimony 4. COD STAFF: "A full written version of the hearing procedures is available at the table at the side of the room." 5. COD STAFF: "Commissioners must disclose any conflicts of interest. Does any Commissioner have anything to disclose and, if so, please state the nature of same and whether you can proceed?" 6. BOARD: The hearings body discloses conflicts and states whether they are withdrawing from the hearing or whether they intend to continue with the hearing. 7. COD STAFF: "Does any party wish to challenge any Commissioner (member of the hearings body) based on conflicts?" 8. CHAIR: open the hearing and direct staff to proceed with brief staff report. FILE NUMBER: APPLICANT: REQUEST: STAFF CONTACT: HEARING DATE: Community Development Department Planning Division Building Safety Division Environmental Soils Division P. O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ STAFF REPORT TA-14-2 Gary Knight P.O. Box 6147 Bend, OR 97708 Text Amendment to Deschutes County Code (DCC), Title 18, Chapter 18.32, Multiple Use Agricultural Zone (MUA-10) to allow new manufactured home parks. Paul Blikstad, Senior Planner Wednesday, March 4,2015 The Deschutes County Board of Commissioners (Board) will hold a public hearing on March 4, 2015 at the Deschutes Service Center, starting at 10:00 a.m. to consider legislative text amendments to Deschutes County Code (DCC) Title 18.1 ISSUE: Shall the Board adopt text amendments to allow the possibility of new manufactured home parks in the MUA-10 zone (Attachment 2). RECOMMENDATION: TA-14 was reviewed by the Deschutes County Planning Commission. They recommended approval of the proposed text amendment on October 9, 2014, finding it to be consistent with the MUA-10 zone, as well as with the Deschutes County Comprehensive Plan (Attachment 4). BACKGROUND: Applicant Gary Knight owns property immediately adjacent to the Bend Urban Growth Boundary (UGB) that is zoned MUA-10. Mr. Knight would like to establish a new manufactured home park on his MUA-10 zoned property, 17-12-9A, 200, 300, 400, 500 (Attachment 5). Currently DCC Chapter 18.32 (MUA-10 Zone) does not provide for or allow a new manufactured home park. This prohibition is not based on any specific State regulation, or County Comprehensive Plan policy. A new manufactured home park does however, require the approval of an exception to 1 A public notice, announcing the March 4th Board hearing was published in the Bulletin on February 9, 2015. Quality Services Performed 'With Pride Statewide Planning Goal 14, Urbanization, as specified under Oregon Administrative Rules 660­ 004-0040(7}(g}, which states: "In rural residential areas, the establishment of a new mobile home park or manufactured home park as defined in ORS 446.003(32} shall be considered an urban use if the density of manufactured dwellings in the park exceeds the density for residential development set by this rule's requirements for minimum lot and parcel sizes. Such a park may be established only if an exception Goal 14 is taken." PROPOSED TEXT AMENDMENT: The applicant proposes to add the following use to the list of Conditional Uses Permitted under DCC 18.32.030 (DO): A new manufactured home/recreational vehicle park subject to Oregon Administrative Rules 660-004-040(7)(g) on property adjacent to an existing manufactured home/recreational vehicle park, and that is also adjacent to the City of Bend Urban Growth Boundary. Any new park shall have no more than 10 dwelling units. The uses currently listed under DCC 18.32.030 as DO through GG would also be changed to EE through HH (Attachment 2). Staff believes that the proposed language in the text amendment requiring that the new park be located adjacent to the City of Bend Urban Growth Boundary limits any new proposed manufactured home/recreational vehicle park to Knight's property, as well as to the Department of State Lands property that was recently rezoned to MUA-10.2 Staff is not aware of any other property adjacent to the Bend UGB, zoned MUA-10, that is also adjacent to an existing manufactured home park. Any proposed new park would be subject to a Comprehensive Plan amendment for an exception to Statewide Planning Goal No. 14, Urbanization, followed by approval of a Conditional Use Permit and Site Plan review. CRITERIA: Deschutes County lacks specific criteria in DCC Titles 18, 22, or 23 for reviewing a legislative amendment. Since this is applicant initiated, there is a responsibility for justifying that the amendments are consistent with the purpose statement of the MUA-10 zone, Deschutes County's Comprehensive Plan, and DCC 18.136.010, Amendments (Attachment 3). 2 The DSL property is across the street from the Sunset View manufactured home park that is located on the west side of 27th Street. TA-14-2 Staff Report Page 2 5 Attachments: 1. Ordinance 2015-02 2. Ordinance 2015-02, Exhibit A (Text Amendment) 3. Ordinance 2015-02, Exhibit B (Proposed Findings) 4. Planning Commission October 9,2014 meeting minutes Maps of Subject Property TA-14-2 Staff Report Page 3 III REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code * Title 18 to Add a Manufactured HomelRecreational * ORDINANCE NO. 2015-02 Vehicle Park Use to DCC 18.32.030. * WHEREAS, Gary Knight applied for an Ordinance Text Amendment (Planning Division File No. TA­ 14-2) to the Deschutes County Code (DCC) Title 18, Chapter 18.32, Multiple Use Agricultural Zone, to add a Manufactured HomelRecreational Vehicle Park as a conditional use under DCC 18.32.030; and WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on October 9, 2014 and forwarded to the Deschutes County Board of Commissioners (Board), a recommendation of approval; and WHEREAS, The Board considered this matter after a duly noticed public hearing on March 4, 2015, and concluded that the public will benefit from the proposed changes to DCC Title 18; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC Chapter 18.32 is amended to read as described in Exhibit "A," attached hereto and by this reference incorporated herein, with new language underlined. Section 2. FINDINGS. The Board adopts as it findings in support of this Ordinance Exhibit "B," attached hereto and incorporated by reference herein. PAGE 1 OF2-0RDINANCENO.2015-02(2/25/15) Dated this of 2015 BOARD OF COUNTY COMMISSIONERS --------, OF DESCHUTES COUNTY, OREGON ANTHONY DEBONE, CHAIR ALAN UNGER, VICE CHAIR ATTEST: Recording Secretary TAMMY BANEY, COMMISSIONER Date of 1st Reading: day of _____, 2015. Date of 2 nd Reading: __day 2015. Record of Adoption Vote Commissioner Yes No Abstained Excused Anthony DeBone Alan Unger Tammy Baney Effective date: day 2015.-----, ATTEST: Recording Secretary PAGE 2 OF 2 -ORDINANCE NO. 2015-02 (2/25/15) Chapter 18.32. MULTIPLE USE AGRICULTURAL ZONE -MUA 18.32.010. Purpose. 18.32.020. Uses Permitted Outright. 18.32.030. Conditional Uses Permitted. 18.32.035. Destination Resorts. 18.32.040. Dimension Standards. 18.32.050. Yards. 18.32.060. Stream Setbacks. 18.32.070. Rimrock Setback. 18.32.010. Purpose. The purposes of the Multiple Use Agricultural Zone are to preserve the rural character of various areas of the County while permitting development consistent with that character and with the capacity of the natural resources ofthe area; to preserve and maintain agricultural lands not suited to full-time commercial farming for diversified or part-time agricultural uses; to conserve forest lands for forest uses; to conserve open spaces and protect natural and scenic resources; to maintain and improve the quality of the air, water and land resources of the County; to establish standards and procedures for the use of those lands designated unsuitable for intense development by the Comprehensive Plan, and to provide for an orderly and efficient transition from rural to urban land use. (Ord. 95-075 § 1, 1995) 18.32.020. Uses Permitted Outright. The following uses and their accessory uses are permitted outright: A. Agricultural uses as defined in DCC Title 18. I B. A single family dwelling, or a manufactured home subject to DCC 18.116.070. C. Propagation or harvesting of a forest product. I D. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards and criteria established by DCC 18.116.230. E. Class III road or street project. F. Noncommercial horse stables, excluding horse events. G. Horse events, including associated structures, involving: 1. Fewer than 10 riders; 2. Ten to 25 riders, no more than two times per month on nonconsecutive days; or 3. More than 25 riders, no more than two times per year on nonconsecutive days. Incidental musical programs are not included in this definition. Overnight stays by participants, trainers or spectators in RVs on the premises is not an incident of such horse events. H. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. J. Type 1 Home Occupation, subject to OCC 18.1 16.280. (Ord. 2004-002 §3, 2004; Ord. 2001-039 §2, 2001; Ord. 2001-016 §2, 2001; Ord. 94-008 §10, 1994; Ord. 93-043 §4, 1993; Ord. 93-001 §I, 1993; Ord. 91-038 §1, 1991; Ord. 9\-020 §1, 1991; Ord. 91-005 §18, 1991; Ord. 91-002 §6, 1991) 18.32.030. Conditional Uses Permitted. The following uses may be allowed subject to DCC 18.128: Exhibit A to Ordinance 2015-02 (03/2015) A. Public use. B. Semipublic use. e. Commercial activities in conjunction with farm use. The commercial activity shall be associated with a farm use occurring on the parcel where the commercial use is proposed. The commercial activity may use, process, store or market farm products produced in Deschutes County or an adjoining County. D. Dude ranch. E. Kennel and/or veterinary clinic. F. Guest house. G. Manufactured home as a secondary accessory farm dwelling, subject to the requirements set forth in DCC 18.116.070. H. Exploration for minerals. I. Private parks, playgrounds, hunting and fishing preserves, campgrounds, motorcycle tracks and other recreational uses. J. Personal use landing strip for airplanes and helicopter pads, including associated hangar, maintenance and service facilities. No aircraft may be based on a personal-use landing strip other than those owned or controlled by the owner of the airstrip. Exceptions to the activities permitted under this definition may be granted through waiver action by the Aeronautics Division in specific instances. A personal use landing strip lawfully existing as of September 1, 1975, shall continue to be permitted subject to any applicable regulations of the Aeronautics Division. K. Golf courses. L. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. M. A facility for primary processing of forest products, provided that such facility is found to not seriously interfere with accepted farming practices and is compatible with farm uses described in ORS 215.203(2). Such a facility may be approved for a one-year period which is renewable. These facilities are intended to be only portable or temporary in nature. The primary processing of a forest product, as used in DCC 18.32.030, means the use of a portable chipper or stud mill or other similar method of initial treatment of a forest product in order to enable its shipment to market. Forest products, as used in DCC 18.32.030, means timber grown upon a parcel of land or contiguous land where the primary processing facility is located. N. Destination resorts. O. Planned developments. P. Cluster developments. Q. Landfills when a written tentative approval by the Department of Environmental Quality (DEQ) of the site is submitted with the conditional use application. R. Time-share unit or the creation thereof. S. Hydroelectric facility, subject to DCC 18.116.130 and 18.128.260. T. Storage, crushing and processing of minerals, including the processing of aggregate into asphaltic concrete or portland cement concrete, when such uses are in conjunction with the maintenance or construction of public roads or highways. U. Bed and breakfast inn. V. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland subject to DCC 18.120.050 and 18.128.270. W. Churches, subjectto DCC 18.124 and 18.128.080. X. Private or public schools, including all buildings essential to the operation of such a schooL Y. Utility facility necessary to serve the area subject to the provisions ofDCC 18.124. Z. Cemetery, mausoleum or crematorium. AA. Commercial horse stables. BB. Horse events, including associated structures, not allowed as a permitted use in this zone. Exhibit A to Ordinance 2015-02 (03/2015) cc. A new manufactured bome/recreational vebicle park, subject to Oree.on Administrative Rules 660-004-0040(7)(g), on property adjacent to an existing manufactured bome/recreational vebicle park, and adjacent to tbe Bend Urban Growtb Boundary, Any new park sball bave no more tban 10 dwelling units. DO. Manufactured home park or recreational vehicle park on a parcel in use as a manufactured home park or recreational vehicle park prior to the adoption of PL-15 in 1979 and being operated as of June 12, 1996, as a manufactured home park or recreational vehicle park, including any expansion of such uses on the same parcel, as configured on June 12, 1996. EE. The full or partial conversion from a manufactured home park or recreational vehicle park described in DCC 18.32.030 (CC) to a manufactured home park or recreational vehicle park on the same parcel, as configured on June 12 1996. FF. Wireless telecommunications facilities, except those facilities meeting the requirements ofDCC 18.116.250(A) or (B). FF. Guest lodge. GG. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off-site use, storage, and sale of excavated material. (Ord. 2009-018 § 1,2009; Ord. 2004-002 §4, 2004; Ord. 2001-039 §2, 2001; Ord. 2001-016 §2, 2001; Ord. 97-063 §3, 1997; Ord. 97-029 §2, 1997; Ord. 97-017 §2, 1997; Ord. 96-038 §1, 1996; Ord. 94-053 §2, 1994; Ord. 94-008 § 11, 1994; Ord. 93-043 §§4A and B, 1993; Ord. 92-055 §2, 1992; Ord. 91-038 §1, 1991; Ord. 91-020 §I, 1991; Ord. 90-014 §§27 and 35, 1990; Ord. 91-005 §§19 and 20, 1991; Ord. 91-002 §7, 1991; Ord. 86-018 §7, 1986; Ord. 83-033 §2, 1983; Ord. 80-206 §3, 1980) 18.32.035. Destination Resorts. Destination resorts may be allowed as a conditional use, subject to all applicable standards of the DR Zone. (Ord. 92-004 §4, 1992) 18.32.040. Dimensional Standards. In an MUA Zone, the following dimensional standards shall apply: A. The minimum lot size shall be to acres, except planned and cluster developments shall be allowed an equivalent density of one unit per seven and one-half acres and planned and cluster developments within one mile of an acknowledged urban growth boundary shall be allowed a five acre minimum Jot size or equivalent density. B. The minimum average lot width shall be 100 feet and the minimum street frontage 50 feet. C. The minimum average lot depth shall be 150 feet. D. Building height. No building or structure shall be erected or enlarged to exceed 30 feet in height, except as allowed by OCC 18.120.040. (Ord. 2006-008 §4, 2006; Ord. 92-055 §3, 1992; Ord. 91-020 § 1, 1991) 18.32.050. Yards. A. The front yard setback from the property line shall be a minimum of 20 feet for property fronting on a local street right of way, 30 feet from a property line fronting on a collector right of way, and 80 feet from an arterial right of way unless other provisions for combining accesses are provided and approved by the County. B. Each side yard shall be a minimum of20 feet. For parcels or lots created before November I, 1979, which are one-half acre or less in size, the side yard setback may be reduced to a Exhibit A to Ordinance 2015-02 (03/2015) minimum of 10 feet. For parcels or lots adjacent to property receiving special assessment for fann use, the adjacent side yard for a dwelling shall be a minimum of 100 feet. C. Rear yards shall be a minimum of 25 feet. Parcels or lots with rear yards adjacent to property receiving special assessment for fann use, the rear yards for a dwelling shall be a minimum of 100 feet. D. The setback from the north lot line shall meet the solar setback requirements in DCC 18.116.180. E. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met. (Ord. 2005-011 §1, 2005; Ord. 94-008 §17, 1994; Ord. 91-020 §1, 1991; Ord. 88-021 §1, 1988; Ord. 83-037 §9, 1983) 18.32.060. Stream Setbacks. To pennit better light, air, vision, stream pollution control, fish and wildlife areas and to preserve the natural scenic amenities and vistas along the streams and lakes, the following setbacks shall apply: A. All sewage disposal installations, such as septic tanks and septic drainfields, shall be set back from the ordinary high water mark along all streams or lakes a minimum of 100 feet, measured at right angles to the ordinary high water mark. In those cases where practical difficulties preclude the location of the facilities at a distance of 100 feet and the County Sanitarian finds that a closer location will not endanger health, the Planning Director or Hearings Body may penn it the location of these facilities closer to the stream or lake, but in no case closer than 25 feet. B. All structures, buildings or similar pennanent fixtures shall be set back from the ordinary high water mark along all streams or lakes a minimum of 100 feet measured at right angles to the ordinary high water mark. (Ord. 91-020 § 1, 1991) 18.32.070. Rimrock Setback. Setbacks from rimrock shall be as provided in DCC 18.116.160. (Ord. 86-053 §6, 1986) Exhibit A to Ordinance 2015-02 (03/2015) EXHIBIT "B" FILE NUMBER: TA-14-2 APPLICANT: Gary Knight REVIEW CRITERIA AND FINDINGS: Legislative text amendments are subject to Chapter 22.12 of Title 22 of the Deschutes County Code. DCC 22.12.010 specifies that no legislative changes shall be adopted without review by the Planning Commission and a public hearing before the Board of County Commissioners. A work session before the Planning Commission was conducted on Thursday, June 12,2014, and public hearings before the Planning Commission were held on July 10, August 28, and October 9,2014. DCC 22.12.030 specifies that initiation of a legislative change may be initiated by application of individuals upon payment of required fees. The applicant paid the required text amendment fee. DCC 22.12.050 states that all legislative changes shall be adopted by ordinance. If the proposed language is approved by the Board of County Commissioners, an ordinance will be drafted for their adoption. Statewide Planning Goals The following Statewide Planning Goals that could apply to the proposed text amendment are: Goal 1, Citizen Involvement. To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. The public hearing process for the proposed text amendment meets the goal of having citizen involvement. Notice was published in the Bulletin newspaper, and citizens were allowed to testify at the public hearing in front of the Planning Commission, as well as in front of the Board of County Commissioners. Goal 2, Land Use Planning. To establish a land use planning process and policy framework as a basis for all decisions and actions related to use of land and to assure an adequate factual base for such decisions and actions. The County has established a text amendment process under the DCC Chapter 22.12, Legislative Procedures. This includes review of the proposed ordinance text amendment by the Planning Commission, and a public hearing in front of the Board of County Commissioners. In this instance, there was also a public hearing in front of the Planning Commission. Goal 10, Housing. To provide for the housing needs of citizens of the state. EXHIBIT "B" TO ORDINANCE 2015-02 The applicant has indicated that the proposed use of the property for a new manufactured home park will provide some much needed low income housing for people in the area. Goal 11, Public Facilities and Services. To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. The applicant believes that with the existing facilities already in place (water, electric, phone), for his property, there will be an orderly and efficient arrangement of public facilities and services. These utilities can be expanded to serve any new manufactured homes. Goal 12, Transportation. To provide and encourage a safe, convenient and economic transportation system. The applicant has ~greed to limit the number of dwelling units on his property to 10 units, which combined with the three units already existing on the property, would mean 7 new units, resulting in 35 average daily trips. No Goal 14, Urbanization. To provide for an orderly and efficient transition from rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to ensure efficient use of land, and to provide for livable communities. As indicated above, in order to establish a new manufactured home park in the MUA-10 zone, an exception to Goal 14, Urbanization, would be required. The normal density allowed in the MUA-10 zone would be one dwelling per 10 acres. The applicant would have to qualify for a goal exception under a separate application in order to establish a manufactured home park on his property. Any other proposed new manufactured home park in the MUA-10 zone would also require a Goal 14 exception. Conformance with the Deschutes County Comprehensive Plan Deschutes County Comprehensive Plan Chapter 1, Comprehensive Planning Section 1.2, Community Involvement Policies Goal 1, Maintain an active and open community involvement program that is accessible to all members of the community and engages the community during development and implementation of land use policies and codes. Policy 1.2.2, the Planning Commission will be the Committee for Community Involvement, with County Support. Policy 1.2.3, Encourage community participation in planning through a variety of tools and techniques, including: a. Post all planning applications, decisions, projects and plans on the County website; b. Provide staff reports for comprehensive plan and zoning text amendments to the public in a timely manner. EXHIBIT uB" TO ORDINANCE 2015-02 e. Require pre-application meetings for comprehensive plan and zoning text amendments; FINDING: The Planning Commission conducted public hearings on the proposed text amendment, and the Board of County Commissioners will also conduct a public hearing on the text amendment. The ordinance text amendment application is on the County's website. The applicant conducted a pre-application meeting with staff. Section 1.3, Land Use Planning Policies Goal 1, Maintain an open and public land use process in which decisions are based on the objective collection of facts. Policy 1.3.2, Consider sustainability and cumulative impacts when creating and revising land use policies and regulations FINDING: A new park will need to be reviewed through conditional use permit and site plan review applications, which would look at cumulative impacts. Policy 1.3.3, Involve the public when amending County Code. FINDING: The public is invited to attend the public hearings, which are open for anyone to provide written and/or oral testimony. Chapter 2, Resource Management Section 2.5, Water Resource Policies Goal 6, Coordinate land use and water policies Policy 2.5.24, Ensure water impacts are reviewed and, if necessary, addressed for significant land uses or developments. FINDING: Any proposed creation of a new park, will require review by the affected agencies, such as the Oregon Water Resources Department, Oregon Health Division, and the County Environmental Health Division. Depending upon the size of a new park, the use may not be considered significant. Section 2.7, Open Spaces, Scenic Views and Sites Policies Goal 1, Coordinate with property owners to ensure protection of significant open spaces and scenic views and sites. Policy 2.7.5, Encourage new development to be sensitive to scenic views and sites. FINDING: The applicant ha\s property that is adjacent to Highway 97, a designated landscape management corridor. As part of any review, Staff would require an applicant to retain as much natural vegetation as possible to help preserve scenic views and sites. Chapter 3, Rural Growth Management Section 3.3, Rural Housing Policies EXHIBIT "B" TO ORDINANCE 2015-02 Goal 1, Maintain the rural character and safety of housing in unincorporated Deschutes County. Policy 3.3.5, Maintain the rural character of the County while ensuring a diversity of housing opportunities, including initiating discussions to amend State Statute and/or Oregon Administrative Rules to permit accessory dwelling units in Exclusive Farm Use, Forest and Rural Residential zones. FINDING: The applicant is attempting to broaden the diversity of housing opportunities by providing a lower income version of housing (manufactured homes or RV's). Staff believes that with the limited number of existing parks in the county, combined with the difficulty of establishing new parks (Goal 14 exception), the rural character of the County will be maintained. Section 3.6, Public Facilities and Services Policies Goal 1, Support the orderly, efficient and cost-effective siting of rural public facilities and services. Policy 3.6.8, Coordinate with rural service districts and providers to ensure new development is reviewed with consideration of service districts and providers needs and capabilities. FINDING: When a land use application has been submitted, staff notifies affected agencies of the proposal, and solicits comments from them. Staff would also require "will serve" letters from these service providers as part of the land use process. Policy 3.6.9, New development shall address impacts on existing facilities and plans through the land use entitlement process. FINDING: An applicant for proposing a new park, would be required to address the existing and future capabilities of the service providers, and obtain will serve letters from the affected agencies. Title18 of the Deschutes County Code Chapter 18.32, Multiple Use Agricultural Zone Section 18.32.010, Purpose The purposes of the Multiple Use Agricultural Zone are to preserve the rural character of various areas of the County while permitting development consistent with that character and with the capacity of the natural resources of the area; to preserve and maintain agricultural lands not suited to full-time commercial farming or diversified or part-time agricultural uses; to conserve forest lands for forest uses; to conserve open spaces and protect natural and scenic resources; to maintain and improve the quality of the air, water and land resources of the County; to establish standards and procedures for the use of those lands designated unsuitable for intense development by the Comprehensive Plan and to provide for an orderly and efficient transition from rural to urban land use. FINDING: The applicant is requesting approval to amend the zoning ordinance to allow for additional living units (either manufactured homes or recreational vehicles), which can provide for lower income housing. The applicant would like to try and establish a new manufactured EXHIBIT "B" TO ORDINANCE 2015-02 home park. The applicant's property is located between Highway 97 and the rail road tracks, which would not be desirable for most types of residential units. This property is also adjacent to the existing urban growth boundary for Bend. A manufactured home park on the applicant's property would appear to foster an orderly and efficient transition from rural to urban land use. Chapter 18.136, Amendments Section 18.136.010, Amendments DCC Title 18 may be amended as set forth in DCC 18.136. The procedures for text or legislative map changes shall be as set forth in DCC 22.12. A request by a property owner for a quasi-judicial map amendment shall be accomplished by filing an application on forms provided by the Planning Department and shall be subject to applicable procedures of DCC Title 22. FINDING: The applicant is proposing a legislative amendment to the Deschutes County Code, as the effect of the amendment would potentially apply to other manufactured home/recreational vehicle parks in the County zoned MUA-10. As stated in a foregoing finding, the proposed amendment requires review by the County Planning Commission, and a public hearing in 'front of the Board of County Commissioners. A public hearing in front of the Planning Commission was also conducted on this request. EXHIBIT uB" TO ORDINANCE 2015-02 __________ .....~~.jiijfIIIII Community Development Department Planning Division Building Safety Division Environmental Health Division ~l~~i··' 117 NW Lafayette Avenue Bend Oregon 97701-1925 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ MINUTES DESCHUTES COUNTY PLANNING COMMISSION DESCHUTES SERVICES CENTER 1300 NWWALLSTREET, BEND, OREGON, 97701 OCTOBER 9,2014 -5:30 P.M. I. CALL TO ORDER Meeting was called to order at 5:30 p.m. by Chair Christen Brown. Members present were Vice Chair Hugh Palcic, James Powell, Todd Turner, Ed Criss, Susan Tunno and Steve Swisher. Staff present were Nick Lelack, Planning Director; Peter Gutowsky, Principal Planner; Paul Blikstad, Senior Planner; Matt Martin, Associate Planner; and Sher Buckner, Administrative Secretary. Minutes of September 25,2014 were approved. II. PUBLIC HEARING (continued): TA-14-2 -Text Amendment to Chapter 18.32, Multiple Use Agricultural Zone (MUA-10) and Section 18.128.050 of Title 18 of the Deschutes County Code (DCC) to allow the potential for the creation of new manufactured home parks in the MUA-10 zone, and lessen the requirements for expansion of existing manufactured home parks in the same zone -Paul Blikstad, Senior Planner Paul summarized the application to date and presented slides with revised language. Commissioner Powell and Paul discussed the new language and proposed elimination of some of the criteria within the conditional use parameters for mobile home parks for expansions. Public Testimony Jon Jinings testified on behalf of the Department of Land Conservation & Development. Regarding manufactured parks in existing rural residential areas, there is an opportunity to establish them (and existing parks can remain). He discussed Goal 14 exceptions necessary for urban uses on rural lands. Nick said this is a Text Amendment which may be adopted into County Code, so everyone needs to be informed and aware of next steps. Chair Brown said he recalled that the City of Bend's Urban Growth Boundary process would take about three more years, and Nick said they were still on schedule. If there are no appeals, it could be acknowledged as early as the end of 2016. In this process currently under discussion, it would be sooner. Alex Robertson testified on behalf of Juniper and Hilltop Mobile Home Parks. Most mobile home parks were constructed in the 1960s and 1970s and were built closely together. They are proposing that if one wants to expand an existing park in this type of zone, they should only have to deal with meeting current Code standards for newly developed pads. It is impossible to meet standards for pads that have existed for 45 years. Commissioner Tunno asked if they have thought about subdividing the property, partitioning off the old parcel and making two parks -old and new. Alex said the problem is the use of the road system, water systems, etc. You would be expanding the old parks' systems. Commissioner Tunno asked if they were going to use the existing septic system. Alex said they would expand that, maybe add another 10,000 gallon tank depending on how many spaces they add, maybe five-seven max. The existing septic system has been updated but was built in the 1970s. It has not been evaluated; as something does not work, it is replaced on an as-needed basis. Currently there are several tanks of different capacities. Commissioner Tunno asked if they had determined where new tanks would go, and Alex said not yet. Commissioner Tunno and Alex discussed difficulties with the topography in complying with some of the other items such as parking. Commissioner Powell said he had driven through the park and it would be very difficult to get everyone out in the event of a fire. He and Alex discussed how to improve the safety of the park with the addition of seven more spaces. Alex said a new access could be considered and they are looking at how much of an expansion can take place with the current septic system versus upgrading. There are 11 parks in the County and none of them have applied to expand because it is impossible, due to Section Q. Chair Brown asked Paul to discuss a statement Alex had made regarding expansion under the existing Code and having to reduce density. Paul said he had also driven through the two parks Alex represents. The homes are very close together, and under the current language they would have to start over with density. Gary Knight said he did not have anything to add unless someone had a question. Paul and Commissioner Turner discussed the intent of the original proposal, which was to erase Section Q; the current proposal is to add the language as indicated in tonight's slide presentation. Commissioner Turner asked what happens to Sections A through 0 which discuss lighting, sanitation, roadway widths, etc., and Paul said they remain as they are. Commissioner Powell asked Nick if we could see if the Commission would entertain a motion to divide the proposal back into two applications. We would have to accept the motion, deliberate, etc. If we do not reach consensus on part of the issue, what happens? Nick said this is effectively legislation on the floor and they can recommend as they wish. Some recommendations may be supported or not supported by the Commissioners, or they can be modified. If we keep this as one application, they have great flexibility on a recommendation to the Board. Commissioner Powell said that once the hearing is closed, staff cannot make changes; Nick said we would take to the Board whatever the Commissioners recommend. Once it gets there, new information or concepts can be considered and we can present those to the Board if they are not too substantial. Legislation can change throughout the entire process. 2 Motion: Commissioner Powell motioned to close the public hearing. Seconded by Commissioner Criss. Motion passed. Deliberation: Commissioner Powell felt that dividing the proposal is not necessary, and the parts can be dealt with separately. Commissioner Palcic wondered if other items should be considered, such as the park providing space for 50 or more units (they are then required to have street names). Commissioner Powell said the second proposal is County wide. The language in the first one has been narrowed down to affect only this one park adjacent to the UGB. Chair Brown suggested discussing Gary's piece of the proposal first. Commissioner Swisher said he was in favor of that portion of the proposal. Commissioner Criss agreed. Commissioner Turner agreed, although combining these proposals has made it a messier process. Commissioner Powell said his only concern is the limitation to ten units. Is there any need to exclude that limitation? Chair Brown said it is a transportation trigger and asked Paul to comment about instances where it would not be applicable for a new park. Paul said part of this application has to address the Transportation Planning Rule. Under this proposal, if more than ten are proposed, a study must be done. Commissioner Powell asked, if a park is established adjacent to the UGB without limits on the numbers of units -if that text amendment exists -if the mere application triggers the TPR? If Gary submits a conditional use application for ten or less units, it does not trigger the TPR? Paul said yes. What if someone else wants to do this for more than ten units and is willing to do TPR? Paul said they could apply for their own text amendment down the road. Commissioner Powell and Peter Gutowsky discussed the text amendment needing to have the ten-unit number because of a LUBA decision on a Willamette Oaks property. When there is a text amendment, it has to demonstrate compliance with the applicable statewide planning rules and TPR. It is very difficult to predict when the UGB will be finalized. The application has chosen to limit this to ten units so they don't have to address TPR. This is the only area adjoining the existing UGB that would be contemplated for a mobile home park. Commissioner Powell and Peter discussed triggers for TPR and how to comply. Commissioner Turner asked if the parcel has to both be adjacent to the UGB and an existing mobile home park, and Paul said that in this instance, yes. Commissioner Brown and Commissioner Criss discussed the second application. Commissioner Criss said that if all we are discussing is not bringing the old park up to new standards, and if conditional use will handle access for fire and other issues, then really all we are talking about is not having to bring the old park up to snuff so they can add some units, but the details will be dealt with. He does not have a problem with this because the only way you could bring the whole park up to DEQ, etc., standards is to move everyone one which makes no sense. Peter said that the moment the existing park submits an application to expand on their parent parcel, the DEQ will require them to demonstrate that their existing wastewater system is functioning or repair it; they will have to designate a reserve area because systems have life spans. The County does not have the ability to waive the Administrative Rule and must follow DEQ requirements. The fire department would receive notice about the conditional use application and site plan; they may bring up issues associated with secondary access, fire flows, which would have to be resolved. Paul said we would have a pre-existing application meeting and the applicant would have to go to 3 the fire department to find out its requirements. Nick said if they did not comply, it would go to a public hearing. Commissioner Turner said he has a problem with the second part of the application -he heard that this expansion would not go through a Goal 14 exception process and this is a big change. This is a County-wide text amendment and could apply to many more units than this one. There is a need for low-income and workforce housing, and it needs to be safe and in a healthy environment. When he considers water, fire protection, utilities, roads, from the applicant's testimony, there will be a sharing of those to make this work and he cannot support it. Chair Brown asked about the current rule for density in a manufactured home park. Paul said that there is a maximum density in the Code -12 per each acre of the total acres in the park. Commissioner Powell and Chair Brown discussed voting and that the applicant can still go back to COD for help working their way through this process. Chair Brown said that, although Nick indicated the Commissioner could change this, he was not comfortable doing that. Commissioner Turner also said that he was concerned about dealing the other sections a well as Section Q and imposing public safety hazards to park residents - a contradiction when the language is read. Nick said a recommendation could be forwarded with a vote to strike Alex's proposal. Peter wanted to emphasize the magnitude of this recommendation. If the Commissioners recommend approve of Gary's proposal only, and Alex has to apply for a totally new text amendment not coupled with Gary's application, it puts staff in an awkward position. What does de-coupling do? If Alex wants to re-visit his application, then it would be a totally new application? Nick said the Board would have to decide whether to accept or modify it and Alex could engage the Board at that time. Commissioner Powell reiterated that the Planning Division combined these applications initially and so must assume responsibility. Commissioner Powell suggested changing "neutral" to "no." Motion: Commissioner Swisher motioned to recommend approval of Gary's application to the Board and remain neutral on Alex's (no recommendation). Seconded by Commissioner Criss. Motion did not pass. Motion: Commissioner Powell motioned to recommend approval of Gary's application to the Board and recommend denial of Alex's. Motion passed. III. WORK SESSION: AGRICULTURAL lANDS/NEXT STEPS -Nick Lelack, Director; Peter Gutowsky, Planning Manager; Matt Martin, Associate Planner Peter gave a summary of the next steps and what we have heard from the community. At the next meeting, we will bring information about the types of dwellings that have been approved in EFU areas in the last ten years -statistics and mapping. We would like to show you where those, as well as farm dwellings, have been approved. After that, we would come back with an initial amendment to work on. We may want to draft policies that inform House Bill 229 eventually. Nick added that we can also discuss how this process works. Commissioner Turner said he had a partner in the firm who went through the conditional use process recently. She said the process was great and valuable as well, because now she 4 -- Ci .ty of Bend Legend Text Amendment TA-14-2 D Subject Property Boundary Applicant: Gary Knight o Urban Growth Boundary County Zoning MUA 10 -Multiple Use Agricultural ® =.":::=:.::.._:::,.,,,:~..=;:;:o::.,,=1IiJI UAR10 -Urban Area Reserve -10Acre Minimum o 150 300 600 900 ===..:-.:..-:-:=.:====~---..-..~.......-...-......... ~~_iiiiil-I"''''_iiiiiII'''lIIIIIIIIIlIIIIIIIII~~~iiiiilj F eel --_..__......-.--.. ~_...-._~,~""'... ..--.......­ February 2. 2015 2002 1li~S MAP WAS PREPAREO f Oft ASSESSMENT PURPOSE ONLY N .E.1/4 SEC .9 T 17S . R.12E . WM . 171209AO 12;412012 DESCHUTES COUNTY &INDEX ,. = 20q ~ )) m·~"I"~ --~t~~-----------!I ""'~'1: I I:r~¥iO ' I i l ---ll-_________ I ~ . I G E ~ ~ CENCQR J I I I 1 ~'.~~~. ·r"·:~ .. ~. I ~--0!:!E --~. I ----!!! ... ~___ , ItoO ~----. I ",.9 ~7-""",­~~ ,I ~~ ;1 -L P-F ~ ''':,\ '11 :­~----I~ ~. l~ 1-3 ~ T \ ...'0"~~ .:: )101.1.1 !J,~'I , ' .>.. . :$ , '~ ,CESCNJTES LEiM)A!'J.. GA.FtCENS /~ .. ,' 1CE-IoETEFtv / .~ f 1 ;~t . I / .. SUZANNE LANE ... .,,'" '~ 1';' :J:::'/ '" " I''''' , f A " Canc;aok.1 N~. ' 00OJ ,."so . 90 ' 15"" ., '600 2.QOA. I ;:, v.. COR 171209AO & INDEX LEGISLATIVE HEARING OPENING PROCESS: 1. CHAIR: “This is the time and place set for a hearing on ordinance 2014-02. The County file number is TA-14-2.” 2. CHAIR to CDD staff: “Staff will outline the hearing procedures that will be followed.” 3. CDD STAFF informs the audience as follows: The hearings body – the Board of County Commissioners, in this case - will take testimony and receive written evidence concerning Ordinance 2014-02. The ordinance proposes to amend Deschutes County Code 18.32.030 adding a new manufactured home/recreational vehicle park as a new use to the title . All testimony shall be directed to the hearings body At the conclusion of this hearing the hearings body will deliberate towards a decision or continue the hearing or deliberations to a date and time certain The hearing will proceed as follows: o staff will provide a brief report o the applicant will present its testimony and evidence o the opponent (and/or proponent) will present its testimony and evidence o any other interested persons will then present testimony or evidence o the applicant, as the party bearing the burden of proof, will then be afforded an opportunity to present rebuttal testimony 4. CDD STAFF: “A full written version of the hearing procedures is available at the table at the side of the room.” 5. CDD STAFF: “Commissioners must disclose any conflicts of interest. Does any Commissioner have anything to disclose and, if so, please state the nature of same and whether you can proceed?” 6. BOARD: The hearings body discloses conflicts and states whether they are withdrawing from the hearing or whether they intend to continue with the hearing. 7. CDD STAFF: “Does any party wish to challenge any Commissioner (member of the hearings body) based on conflicts?” 8. CHAIR: open the hearing and direct staff to proceed with brief staff report. Community Development Department Planning Division Building Safety Division Environmental Soils Division P.o. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ MEMORANDUM DATE: January 14, 2015 TO: Board of County Commissioners FROM: Anthony Raguine, Senior Planner RE: January 26, 2015 Work Session Regarding Two Appeals of the Hearings Officer Decision on a Tumalo Irrigation District Land Use Compatibility Statement (File Nos. 247-14-000238-PS, 247-14-000274-A. 247-14-000452-A) On January 29, 2015. the Board of County Commissioners (Board) has agreed to hear two appeals of the Tumalo Irrigation District (TID) Land Use Compatibility Statement (LUCS) issued by the Planning Division (Planning). One appeal was filed by Tumalo Irrigation District (TID). The other appeal was filed by Thomas and Dorbina Bishop, Trustees of the Bishop Family Trust (Bishops). SUBJECT PROPERTY The site associated with the LUCS is the former Klippel Mining Site (Site No. 294). It is comprised of two tax lots, 824 and 828, and encompasses almost 69 acres of land. The subject property is zoned Rural Residential (RR10). and portions of the property include the Landscape Management (LM) combining zones associated with Johnson Road and Tumalo Creek. Additionally. a large portion of the property is within the Wildlife Area (WA) combining zone protecting Tumalo Deer Winter Range. The subject property is currently owned by KC Development Group (KCDG). To provide some perspective on the property, I've included three figures. Figure 1 delineates the property and the extent of associated Landscape Management combining zones. Figure 2 is an aerial photograph taken on August 12, 2012. Figure 3 is an aerial photograph taken January 12, 2015. DEVELOPMENT ACTION VS LAND USE ACTION Typically, a LUCS is treated as a development action. Under Deschutes County Code (DCC) 22.32.050, only the applicant and his/her representative have standing to appeal. In this case, Planning decided to treat the LUCS as a land use action rather than a development action. As a result, the LUCS is now subject to the noticing requirements and appeal procedures afforded to land use actions. Quality Services Performed 'with Pride necessary to create them. Finally, any site activity was allowed under TU-14-8, a temporary use permit to allow rock crushing on-site in association with private road maintenance and landscaping. For these reasons, TID argues that its activities do not rise to the conditional use described above. RECREATIONAL USE Under DCC 18.60.030(G), the following use is allowed with a conditional use permit, Recreation-oriented facility requiring large acreage such as off-road vehicle track or race track, but not including rodeo grounds. The record includes evidence that the southern reservoir was specifically designed for water skiing, including its two turn-around islands, boat ramp, boat dock and pilings for a boat house. There are also photos in the record depicting water skiing on the southern reservoir. TID argues that the primary use is water storage, not recreational use. Additionally, TID argues that the HO's definition of recreation is overly broad and creates an untenable precedent. CLUSTER DEVELOPMENT One of the questions posed to the HO was whether TID should be required to obtain conditional use approval to establish a cluster subdivision in the RR10 zone. Although the HO found that there is evidence in the record to suggest that the reservoirs would ultimately be a part of a cluster subdivision in the future, the HO determined that a cluster subdivision would require other components such as dwellings, utility infrastructure, streets, and water and sewer systems. For this reason, the HO ruled that TID was not required to apply, and receive approval for, a cluster subdivision as part of the creation of the reservoirs. The Bishops note that the evidence in the record includes well drilling on-site for future dwellings, the creation of a westerly road that will serve the subdivision, and statements by KCDG to nearby residents of their plans for a future cluster subdivision. The Bishops argue that this is sufficient evidence for the county to require a conditional use application for a cluster subdivision. ATTACHMENTS 1. Figure 1 2. Figure 2 3. Figure 3 4. Notice of Decision on the LUCS (247-14-000238-PS) 5. Hearings Officer decision on the LUCS 6. TID appeal 7. Bishop appeal File No.: 247-14-000238-PS, 247-14-000274-A, 247-14-452-A Page 3 of3 Figure 1 247-14-000238-PS 247-14-000274-A Subject Properties -17-11-13-00-00824, 00828 101212014 Question Number Question/Issue Area Staff Comments BOCC Answer BOCC Next Step Hearings Officer pointed to Curl v Deschutes County . LUBA found that simply categorizing the use is a development action, regardless of the amount of discretion necessary to categorize the use. Development action Go to Question # 2 The Bishops argue that the discretion necessary to categorize the use makes the LUCS a land use action.Land use action Go to Question # 3 TID argues that because the Planning Director found that the use is allowed without review, the LUCS is expressly excluded from the statutory definition of land use decision under ORS 197.015(10)(b)(H). No Since only TID has appeal rights to a development action, the Bishops appeal must be dismissed. Provide final county sign-off of LUCS as is. No notice of the decision to any other parties. Hearings Officer pointed to Kuhn v Deschutes County. LUBA found that although the Hearings Officer is not bound by the CDD Director's determination to treat a LUCS as a land use action rather than a development action, nevertheless where the county provided notice and the opportunity for local appeal, the appellants were entitled to take advantage of that appeal. Yes Go to Question # 3 Hearings Officer pointed to Curl v Deschutes County . LUBA found that omitting components of a project is a mischaracterization of the use and that the omitted components must be considered when characterizing the use. Yes Go to Question # 4 TID argues that the reservoirs were essentially already on-site due to the previous mining activity on the property.No Go to Question # 6 The "surface mining" requirement for a conditional use leaves open the possibility that a reservoir could be created by non-surface mining means.No Go to Question # 5 Under the ordinary rules of statutory construction, where a use is specified as a conditional use, it is prohibited as an outright permitted use.Yes Go to Question # 7 Hearings Officer found that the activity necessary to create the reservoirs goes beyond the operation, maintenance, and piping of an existing irrigation system, and is not an outright permitted use. No Go to Question #'s 7, 8 & 9 TID argues the activity on-site is consistent with the operation, maintenance, and piping of an existing irrigation system.Yes Issue LUCS as is, and provide notice of the decision to those entitled to notice. TID Land Use Compatibility Statement (LUCS) Land Use File Nos. 247-14-000-238-PS, 247-14-000274-A, 247-14-000452-A, 247-14-000453-A Is a LUCS sign-off a development action or a land use action?1 Did the Planning Director have the authority to treat the development action as a land use action?2 Cells shaded blue denote Hearings Officer finding The LUCS only identified the water right transfer. Should the LUCS have also identified the creation of new reservoirs?3 Under DCC 18.60.020(I), the "Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District ", is an outright permitted use. Is the water right transfer and creation of new reservoirs an outright permitted use in the Rural Residential (RR-10) Zone? 5 Under Deschutes County Code (DCC) 18.60.020(I), the "Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District" is an outright permitted use. Under DCC 18.60.030(W), "Surface mining…in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for…reservoirs", is a conditional use. Since "reservoirs" are specifically called out as a conditional use, does this expressly prohibit creation of a reservoir as an outright permitted use? 4 The Notice of Decision issued by Planning characterized the water right transfer as an outright permitted use. TID agrees.Yes Issue LUCS as is, and provide notice of the decision to those entitled to notice. Hearings Officer found that the activity necessary to create the reservoirs goes beyond the operation, maintenance, and piping of an existing irrigation system, and is not an outright permitted use. No If the use is not allowed outright under DCC 18.60.020(I), what is the correct use characterization? Go to Question #'s 7, 8 & 9. Hearings Officer analyzed the definition of "surface mining" against the activity on-site, considering Squaw Creek Irrigation District's text amendment to add both the outright permitted use and the conditional use to the code. Hearings Officer found that the activity to create the reservoirs does constitute surface mining requiring a conditional use permit. Yes LUCS must be amended to indicate that the use is allowed with conditional use permit approval. Notice of the decision must be provided to those entitled to notice. TID argues that the pits already exist on-site, and any additional earth movement was the result of temporary use permit approval TU-14-8, which allowed rock crushing for road maintenance and landscaping. No If the use is not allowed outright under DCC 18.60.020(I), or conditionally under DCC 18.60.030(W), what is the correct use characterization? Hearings Officer found that evidence in the record was sufficient to characterize the use as a recreation facility. Evidence includes photos of water skiing, and design elements of the reservoir such as a boat ramp, pilings for boat docks, and island turn- arounds. Yes LUCS must be amended to indicate that the use is allowed with conditional use permit approval. Notice of the decision must be provided to those entitled to notice. TID argues that the primary purpose of the reservoirs is to store water, and that water skiing is a typical secondary use of reservoirs. No If the use is not allowed outright under DCC 18.60.020(I), or conditionally under DCC 18.60.030(G), what is the correct use characterization? Hearings Officer found that a cluster subdivision would require additional components such as roads and utilities, and would require additional land use approval beyond the general conditional use approval - including conditional use criteria specific to cluster subdivisions and tentative plan approval. No Prepare LUCS based on BOCC answers to previous matrix questions. The Bishops state that the evidence in the record includes well drilling on-site for future dwellings, the creation of a westerly road, and statements by the property owner of a future cluster subidivision. The Bishops argue that this is sufficient to require conditional use approval. Yes LUCS must be amended to indicate that the use is allowed with conditional use permit and tenative plan approval. Notice of the decision must be provided to those entitled to notice. Cells shaded blue denote Hearings Officer finding 9 Under DCC 18.60.030(F), a "Cluster development", requires conditional use approval. Does the creation of the reservoirs constitute the first phase of a future cluster subdivision? Under Deschutes County Code (DCC) 18.60.020(I), the "Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District" is an outright permitted use. Since the LUCS correctly identifies only the water right transfer, is the water right transfer allowed outright Rural Residential (RR10) Zone? 6 Under DCC 18.60.030(W), "Surface mining…in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for…reservoirs", is a conditional use. Is the creation of new reservoirs consistent with this conditional use characterization? Under DCC 18.60.030(G), "Recreation oriented facility requiring large acreage such as off road vehicle track or race track, but not including a rodeo grounds", is a conditional use. Should the southern reservoir be characterized as a recreation-oriented facility? 8 7 Board of Commissioners’ Business Meeting Agenda Monday, March 2, 2015 Page 1 of 5 Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., WEDNESDAY, MARCH 4, 2015 _____________________________ Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend __________________________ 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT This is the time provided for individuals wishing to address the Board, at the Board's discretion, regarding issues that are not already on the agenda. Please complete a sign-up card (provided), and give the card to the Recording Secretary. Use the microphone and clearly state your name when the Board calls on you to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject of a public hearing will NOT be included in the official record of that hearing. 3. CONSIDERATION of Signature of Document No. 2015-118, an Improvement Agreement between Deschutes County and Tetherow Rim LLC, for Roads and Utilities in the 29-Lot Single Family Subdivision Granted Approval under TP-14-1023 – Will Groves, Community Development Suggested Actions: Move approval of Document No. 2015-118. 4. A PUBLIC HEARING and Consideration of First Reading of Ordinance No. 2015-002, a Code Amendment to Allow a New Manufactured Home/RV Park in the MUA-10 Zone – Paul Blikstad, Community Development Suggested Actions: Open hearing, take testimony; consider first reading of Ordinance No. 2015-002. Board of Commissioners’ Business Meeting Agenda Monday, March 2, 2015 Page 2 of 5 5. DELIBERATIONS and Consideration of a Decision regarding Tumalo Irrigation District’s Request for Approval of a Land Use Compatibility Statement (LUCS) to Transfer Water Rights from Tumalo Creek to Reservoirs on Private Property (Owner: KC Development Group LLC) – Anthony Raguine, Community Development Suggested Action(s): Deliberate; consider a decision. CONSENT AGENDA 6. Board Signature of Letters regarding Howell’s Hilltop Acres Special Road District: Accepting the Resignation of Gary Ollerenshaw and Thanking him for his Service; and appointing Bill Welch, through December 31, 2015 7. Approval of Minutes:  Business Meeting of February 25, 2015  Work Sessions of February 23 and 25, 2015 CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 8. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-H COUNTY SERVICE DISTRICT 9. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 10. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for Deschutes County 11. ADDITIONS TO THE AGENDA Board of Commissioners’ Business Meeting Agenda Monday, March 2, 2015 Page 3 of 5 _________ ______________________________________ Deschutes County encourages persons with disabilities to participate in all programs and activities. This event/location is accessible to people with disabilities. If you need accommodations to make participation possible, please call (541) 388-6572, or send an e-mail to bonnie.baker@deschutes.org. _________ ______________________________________ 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 192.660(2)(d), labor negotiations; ORS 192.660(2) (b), personnel issues; or other executive session items. ______________________________________ FUTURE MEETINGS: (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners’ meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572.) Monday, March 2 10:00 a.m. Board of Commissioners’ Business Meeting 1:30 p.m. Administrative Work Session – could include executive session(s) Wednesday, March 4 10:00 a.m. Board of Commissioners’ Business Meeting Wednesday, March 11 10:00 a.m. Board of Commissioners’ Business Meeting 1:30 p.m. Administrative Work Session – could include executive session(s) Monday, March 16 10:00 a.m. Board of Commissioners’ Business Meeting 1:30 p.m. Administrative Work Session – could include executive session(s) Tuesday, March 17 10:00 a.m. 911 Executive Board Meeting, at 911 Board of Commissioners’ Business Meeting Agenda Monday, March 2, 2015 Page 4 of 5 Monday, March 23 10:00 a.m. Board of Commissioners’ Business Meeting 1:30 p.m. Administrative Work Session – could include executive session(s) Wednesday, March 25 10:00 a.m. Board of Commissioners’ Business Meeting 1:30 p.m. Administrative Work Session – could include executive session(s) Monday, March 30 10:00 a.m. Board of Commissioners’ Business Meeting 1:30 p.m. Administrative Work Session – could include executive session(s) Wednesday, April 1 10:00 a.m. Board of Commissioners’ Business Meeting 1:30 p.m. Administrative Work Session – could include executive session(s) Monday, April 6 10:00 a.m. Board of Commissioners’ Business Meeting 1:30 p.m. Administrative Work Session – could include executive session(s) Tuesday, April 7 3:30 p.m. Public Safety Coordinating Council Meeting Wednesday, April 8 10:00 a.m. Board of Commissioners’ Business Meeting 1:30 p.m. Administrative Work Session – could include executive session(s) Monday, April 20 10:00 a.m. Board of Commissioners’ Business Meeting 1:30 p.m. Administrative Work Session – could include executive session(s) Board of Commissioners’ Business Meeting Agenda Monday, March 2, 2015 Page 5 of 5 Monday, April 20 10:00 a.m. Board of Commissioners’ Business Meeting 1:30 p.m. Administrative Work Session – could include executive session(s) Tuesday, April 21 10:00 a.m. 911 Executive Board Meeting, at 911 Wednesday, April 22 10:00 a.m. Board of Commissioners’ Business Meeting 1:30 p.m. Administrative Work Session – could include executive session(s) Monday, April 25 10:00 a.m. Board of Commissioners’ Business Meeting 1:30 p.m. Administrative Work Session – could include executive session(s) Wednesday, April 27 10:00 a.m. Board of Commissioners’ Business Meeting 1:30 p.m. Administrative Work Session – could include executive session(s) _________ ______________________________________ Deschutes County encourages persons with disabilities to participate in all programs and activities. This event/location is accessible to people with disabilities. If you need accommodations to make participation possible, please call (541) 388-6572, or send an e-mail to bonnie.baker@deschutes.org. _________ ______________________________________