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HomeMy WebLinkAbout2010-03-25 - Planning Commission MinutesCommunity Development Department r Planning Division Building Safety Division Environmental Health Division 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 NW WALL STREET, BEND, OREGON, 97701 MARCH 25, 2010 - 5:30 P.M. I. CALL TO ORDER Meeting was called to order at 5:30 p.m. by Chair Chris Brown. Members present were Vice Chair Ed Criss, Merle Irvine, Keith Cyrus, Todd Turner and Richard Klyce. Staff present were Nick Lelack, Planning Director; Terri Payne, Senior Planner; Peter Russell, Senior Transportation Planner; Chris Bedsaul, Associate Planner; and Sher Buckner, Administrative Secretary. II. PUBLIC COMMENTS None. III. JOINT WORK SESSION WITH THE BOARD OF COUNTY COMMISSIONERS: Nick Lelack, Planning Director a) Comprehensive Plan Update - Schedule, Process, Approach Nick distributed a proposed schedule for the Comp Plan review. Commissioner Luke confirmed that whatever the Board does is subject to appeal and wondered what the DLCD would be looking at. Nick said they probably would review two areas: What complies with State law and what we have adopted at the local level that would cause change. An example would be specific agricultural lot sizes or Goal 5 inventories, which would be looked at with great scrutiny. The stakeholders throughout the County will also be reviewing this information closely. Chair Brown mentioned that the Planning Commissioners had already approved the schedule. Commissioner Luke said he hoped it could be completed before the City of Bend's urban growth boundary (UGB) update is completed. b) Big Look Implementation, East County Zoning Dave Honeycutt and Oregonians in Action have issued a newsletter regarding implementation of the Big Look. The Association of Oregon Counties will be discussing the Big Look this coming Monday. Regarding the East County Zoning, we discussed this last year at two different meetings. Commissioner Unger asked about changing the definitions of items such as farmland and what would be involved — Quality Services Performed with Pride whether the cost would be prohibitive if this was undertaken. Nick said that when LCDC met here to discuss the UGB, the question came up as to whether they would want to revisit the definition of agriculture. It was determined that there is no interest in this. Sections 5-7 of the bill are the only ones under consideration. In 1979, the County adopted the Comp Plan with one piece remaining incomplete — the agricultural section — which took two years for DLCD to adopt. There was also a year during which people could request a redesignation, and many properties already had this redesignation. There may still be a few zoning errors in the County — Nick has spoken to Kevin Harrison, who agreed. One example is an area of Skyliners subdivision that was zoned Forest late in the process and not re-evaluated. Over the last 30 years, when owners have wanted to develop properties, they have had to demonstrate that the properties were not zoned F1. There are illegal uses on some properties along the Klamath County border, and these are zoned EFU. The zoning should be RR -10 or something of that nature. Swan Creek Recreational Estates and another area near Milliken have also been zoned EFU and should not be. Richard Whitman believes we can look at a small area and be finished. The LCDC Commissioner disagrees — he feels that if one area is opened, say Section 36, it may open other areas up as well. The process can be very expensive. Commissioner Luke asked if a general area would be looked at rather than one property, which Nick said would probably be desirable. Commissioner Unger asked what we would achieve. Chair Brown said one item could be the potential for addressing regional issues, and this area is very different for farming with very different climate patterns. If we can get a declaration that we have a different set of circumstances over here, we could encourage small farms. The real question is what an owner can do on his or her own property. Commissioner Klyce said we have a lot of unirrigated farmland, and much of what is zoned as farmland is really hobby farms and residential uses. Commissioner Luke said that in the 1970's when the Plan was put together, there were dairy farms here. But it became too expensive, and when the farmers moved out, no others stepped in to take their places. Commissioner Klyce said that the average net income for farms in this County is a negative $12,000. Nick spoke about Section 2 of the bill which considers different needs and land use problems in the State. The purpose at the State level, however, is to discuss Sections 5 through 7 of the bill. Commissioner Luke and Nick confirmed that the State legislature had chosen not to deal with most of the issues in the Big Look. Commissioner Luke asked Commissioner Cyrus about whether the farm bureaus have agreed on this — he said some farmers want to keep values low to retain their land. The farmers there are softening, but many dynamics exist. McDonald's buys 7% of the total potato production in the U.S. This is dropping off with the economy. Commissioner Unger spoke about the hillsides in the Valley that weren't good for farming. If houses had been there 20 years ago, we wouldn't have the current opportunity to grow grapes. Commissioner Luke mentioned that the Farm Bureau here influences the legislature in the Valley. Chair Brown asked the Board for direction on tonight's discussion. Commissioner Luke said it would be difficult for the Board, without some kind of cost estimate, to determine this. A lot of what we have is open space, and that is why we live here. We may want to wait to decide until after Nick's meeting in Salem on Monday. We need to tread carefully, even if some areas are mislabeled. Vice Chair Criss spoke about Area 36 in South County. Commissioner Luke mentioned areas in Hampton where people are having trouble trying to build. Commissioner Irvine said he had lived in the Valley when urban sprawl was the big issue. Development was covering up beautiful farmland; when he came to Bend, he could see a really big difference. The designation, though, should be what it is — not necessarily EFU. Commissioner Turner felt that if the intent is to commercialize EFU and forest land, he would be resistant to that. If the intent is to give a designation of open space and restrict it appropriately, that is another issue. Open space is one of the biggest assets we have as a County. Sometimes agriculture seems to focus only on crops instead of including livestock, etc. Agricultural uses are becoming smaller each year regarding acreage, and he is trying to think long-term about changing economics. He is conflicted as to why we are going forward. Nick said that Commissioner Turner made a critical point — if we were to propose a change from EFU to something else, what is the desired outcome? Commissioner Luke asked if someone clearly does not want a designation changed because they're getting a farm deferral — this could also cause a problem. Commissioner Klyce wanted to recognize that agriculture has changed over time and the laws have not kept pace — 80% of the County is open space. Just because the legislature has rejected the Big Look does not mean we cannot pursue this. Nick and Commissioner Luke discussed how much we could do without changing State law. Nick said he would depend on how far we can push LCDC and what is in the work plan. LCDC plans to work with one County per year on projects of this nature. Planning directors around the State agree that the laws are not keeping pace with changes. Commissioner Luke spoke about the importance of making defendable decisions. Chair Brown spoke about the advantage of being "first in line" to work this out with LCDC. Commissioner Luke asked Nick if the County could be a pilot project for five or six areas such as Area 36, without trying to open up the whole County. Commissioner Baney agreed that the question revolves around the fear of what's going to happen and what zone would apply. What if we came up with a new zone, for example EFU that is no longer EFU? Nick said that it is feasible, but the minimum lot size may be 10 acres. Commissioner Luke asked if it could be bigger than RR -10, and Nick said that was possible. Commissioner Unger thought that the Comp Plan process should not be slowed down. However, if we can come up with examples of what we want this to look like, it would help go down the path - such as someone wanting to have a small farm but not being able to have anyone live on the property as hired help. If you want to assist owners, they should be able to have other avenues available to make a living on their land without going too far. Commissioner Luke mentioned an AOC meeting where non-farm commercial activity was discussed — there is a lot of pushback right now, and we should be aware of this. Commissioner Turner and Commissioner Baney spoke about event venues and the changes in use. Vice Chair Criss mentioned the State of California allowing housing for ranch hands and wondered why it was so difficult in Oregon. It can get out of hand, but if rules are established and followed, farmers and ranchers can benefit. It can also reduce traffic if people aren't driving back and forth to work on the farms. Commissioner Unger asked if we could look at some type of exception process. Commissioner Turner asked if a bunkhouse would be under uses permitted with a special exception. Chris Bedsaul said that the justification for a dwelling for farm uses 3 is typically a primary dwelling and secondary would be for relatives. Commissioner Luke spoke about larger farms having more than one structure. Chris Bedsaul said he dealt with migrant farmer structures in Washington — the owners could provide as much as was needed to justify a particular operation. That would be an accessory dwelling. Commissioner Luke and Chris Bedsaul discussed whether it would be possible to do that here, and Chris said there was nothing preventing it. On this side of the mountains we are less labor-intensive than on the western side. Nick mentioned the Horse Ridge Zone and several key issues. DLCD previously told us we were approving too many non-farm dwellings and the impact has been felt in the Horse Ridge area. Another issue is Goal 5 — antelope and sage grouse ranges were discussed in the 1970's and whether smaller lot sizes have an impact on wildlife. Someone from ODF & W would need to be involved, as well as someone from the public services industry (there are no fire trucks, limited schools, etc., in the eastern part of the County). There are many factors involved. Just allowing another nonfarm dwelling sounds like it makes sense, but it may be more complicated. Commissioner Klyce said we are making it very difficult for people to farm if they can't have help on the land and can't break it up to sell as residential parcels. Terri Payne spoke about lots platted in Brothers which cannot be changed. There has been talk about working with BLM to do land trading. DLCD was afraid of the cumulative effect of allowing one versus hundreds. c) Future of Deschutes Junction Chair Brown felt that the Planning Commissioners were being asked to make decisions without having a clearly defined designation or purpose for this area. Commissioner Luke said that within 25 years it will be located within a half mile of the City of Bend due to Juniper Ridge. He spoke about property owners on the west side of 97 wanting a frontage road and ODOT wanting to put barriers on 97, the 19th Street proposal, etc. We need to be able to visualize father out. Chair Brown discussed resources such as gasoline being imported, and how we should not tell people in the neighborhoods they have to drive farther if their needs could be served in their own area. Commissioner Unger discussed creating more growth in Redmond to serve neighborhoods and avoid creating traffic. Commissioner Luke said centralized services were part of land use planning. Commissioner Baney mentioned the community conversations and felt that 19th Street doesn't play in as much as the decision is made for a rural service center, and there are two different conversations. The community conversations are most important before we move forward with transportation. Nick said we are continuing to work with the residents, and there are differing opinions. d) Other The Board adjourned its participation in the meeting. IV. COMPREHENSIVE PLAN DISCUSSION: Review of Revised Sections — Terri Hansen Payne, Senior Planner a) 1.2 Community Involvement b) 1.3 Land Use c) 4.2 Urbanization (select an option or revise the section, similar to Lane County or other county, and bring back in April?) 4 d) 4.4 Sunriver UUC e) 4.7 Black Butte Ranch f) 4.8 Inn of the 7th MountainMidgi Creek g) 4.9 Rural Service Centers Terri discussed direction received from the Planning Commission which included at one point shortening certain sections and also making them more detailed and clear. Commissioner Klyce discussed his submittal and felt that a decision had not been made as a group as to what the document should actually be, how precise, etc. Commissioner Turner said he appreciated the idea of shortening the document but did like having separate ideas and separate sentences. He has no problem with staff additions but there should be some clean up in the Black Butte section. Commissioner Irvine suggested keeping in mind that sometimes we need to make sure we have a complete document, but do not put too many ideas into one section. Terri and Commissioner Klyce spoke about Chapter 4 and the community not wanting changes. Commissioner Irvine asked about saying we want to promote "smart growth policies," which may not apply to all areas. Terri said these only applies to the cities. Nick said we see a lot of examples of smart growth and it may mean something different to planners — we do not want to encourage high density. Commissioner Klyce felt that it represented a formal body of thought that looks to land use policies as they were developed in Europe based on population growth there. He feels that the smart growth movement wants to concentrate everyone in urban corridors; in Europe, the towns grew to be smaller and more compact for cultural reasons including self defense. Over here, towns grew up as commercial centers to serve as outlying farm holdings, residences, etc., so the cultural norms are different. We are seeing some of that with Bend's UGB — they are trying to expand more than State law allows because they do not want the density of Portland. Terri said she had considered other wording but has never read anything about the connection with Europe — she has seen more of a connection with the East Coast and walkable communities. Commissioner Irvine asked about a policy regarding extending sewer outside the Sunriver boundaries if it doesn't affect existing development. Terri said it refers to a sewer extension in Bend, which expanded with initial homeowners experiencing a reduction in service. This would mean that existing levels would not be affected. Chair Brown thought that perhaps "adversely affect" was what was meant. Commissioner Cyrus asked about Black Butte having its own police force. Nick suggested consolidating some of the language regarding Sunriver and creating a section on resort communities with general policies to avoid repeating 4.7.1 through 4.7.6. Commissioner Irvine asked about 4.9.11 and trailer parks. Nick said that term would be updated. V. COMPREHENSIVE PLAN DISCUSSION: Review New Sections - Terri Hansen Payne, Senior Planner a) 2.2 Agricultural Lands (1.5 hours) Vice Chair Criss took over for this discussion. Nick and Chair Brown discussed the six policies in this section. Commissioner Turner wondered whether we needed to include existing policies. Terri said that the 1982 farm study defined acreages, and these cannot 5 be changed without a new study. Commissioner Klyce said he is trying to get a handle on what we are dealing with regarding agricultural land use. He feels there is the area east of Horse Ridge; another is along Walridge Road; everything else is the triangle formed by Sisters/Bend/Redmond — hobby farms. He questions what is appropriate and whether we need to come up with other conditions. Terri said we wanted to allow people to do what they want on their farms within State rules. Chair Brown and Commissioner Klyce discussed "viable" farms which are not necessarily profitable. Chair Brown said he would like to promote positive and revenue -generating activities on agricultural land. There are 40-50 allowed activities under EFU. Commissioner Turner and Chair Brown discussed promoting agricultural uses and encouraging owners to remain stewards of the land. Nick suggested language stating that agricultural regulations be consistent with agricultural conditions. Reducing size of EFU properties was discussed, and Terri said it would be very difficult legally to get that through. Chris Bedsaul gave an example of the problems planners have in areas such as Milliken, where people are prohibited from doing anything due to zoning and wildlife overlays. The only thing people can attempt is to get exceptions from the law. Reducing lots in resource zones is very difficult and if mentioned will raise many other issues. Chris Brown asked if owners are dealing with land not suitable for farmland, what are the options? Chris Bedsaul said that the property could be rezoned; in Section 36 or Milliken, which are surrounded by EFU land, there could be a new zone established; however, this requires an exception to State law. Commissioner Turner mentioned that agricultural land also is not just EFU-zoned land. Discussion continued regarding reducing parcel size in EFU zones, which the Commissioners did not support. Commissioner Brown indicated he was not in favor of dividing land. Terri said we could add a policy indicating we need to decide what to do with the East County non-farm dwelling issue. Commissioner Cyrus and Chris Bedsaul discussed farm dwellings occupied by relatives. Chair Brown and Commissioner Cyrus discussed employee housing on farmland. Chair Brown and Commissioner Turner discussed the use of the phrase "revenue - generating." Chris Bedsaul spoke about the DLCD's Table of Uses. Encouraging alternative energy uses was discussed. Chair Brown was concerned about the definition of "agritourism." The Commissioners talked about potential uses for farmland and the relocation of action items to a separate document. Terri suggested incorporating language encouraging conservation easements and other tools to promote preservation of farmlands. Nick mentioned developing recommendations to implement the Big Look, HB 2229 and/or subsequent legislation. b) 2.3 Forest Lands (30 minutes) These are connected with our livability but are mostly under federal control. Commissioner Turner suggested that for the items listed either as having support of four people, or a "delete" response of only one, these be accepted as written. Those items with issues indicated should be hashed out. The other Commissioners agreed. Chair Brown and Terri discussed combining some of the key issues and goals. Chair Turner said he supports the Deschutes Land Trust and others, but he feels that specific site projects should not be in the Plan. The Commissioners agreed. Action items will be N moved to a separate area. Nick mentioned that development of individual action items has been added to the work plan for next year, and the Commissioners will be reviewing these items. The action items will not be completed by the time' of the public hearings on the draft Comp Plan but may be discussed during the ongoing reviews. c) 2.4 Goal 5 Introduction (30 minutes) The Commissioners discussed including a preamble stating that private property rights need to be protected. Nick provided a definition of property rights. Terri said there is language indicating that any time a major Plan amendment is done, Goal 5 resource lists must be amended. We do not have the staff to handle this concurrently with the Comp Plan update; we are working on getting permission from DLCD to postpone it, although it would be legally challengeable. Commissioner Turner asked if we can make this a policy and Terri agreed. Chair Brown said he would like to find a solution to the housing problem in East County. VI. PLANNING COMMISSION & STAFF COMMENTS None. VII. ADJOURN There being no further business, the meeting was adjourned. Respectfully submitted, Sher Buckner, Administrative Secretary NEXT MEETING — April 8, 2010, at 5:30 p.m. at the Deschutes Services Center, 1300 NW Wall Street, Bend, OR 97701 7