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HomeMy WebLinkAbout2010-06-24 - Planning Commission Minutes0 CALL TO ORDER Community Development Department 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 JUNE 24, 2010 - 5:30 P.M. Meeting was called to order at 5:30 p.m. by Chair Chris Brown. Members present were Richard Klyce, James Powell, Todd Turner, Keith Cyrus and Merle Irvine. Absent: Vice Chair Ed Criss. Staff present were Tom Anderson, Community Development Director; Nick Lelack, Planning Director; Terri Payne, Senior Planner; and Sher Buckner, Administrative Secretary. Minutes of April 8, 2010 were approved. II. PUBLIC COMMENTS None. III. REVIEW OF REVISIONS TO SECTION 2.5 WATER RESOURCES POLICIES — Terri Hansen Payne, Senior Planner. Terri spoke about amendments to the water chapters and meeting with Commissioner Powell and Commissioner Cyrus. Commissioner Powell commented on the meeting and said that he and Commissioner Cyrus did not have a problem with most of the items in brackets. They questioned 2.5.3 and what the City of Bend was looking for in that section. The concept does not seem to make sense. Below it, 2.5.4(a) may have wording that is too tight. In 2.5.8(e), the Coldwater Springs was originally a publicly generated comment — there was no inventory of how many springs existed, where they were located, potential impacts, etc., so they were not sure about the overall meaning. More information is needed about wetlands in 2.5.9(a) and (b). In 2.5.15(a), Commissioner Powell said Commissioner Cyrus spoke at their meeting with Terri about a section that is used for irrigation of his property which is a wonderful spawning area, but it dries up during the summer; so the implications of saying that all should be protected may not be realistic. Section 2.5.20 was also an area where the City of Bend wanted all areas protected, and this has been changed to language indicating we will look to see what is practical. Quality Services Performed with Pride Terri said that 2.5.3 has been changed from its original form. We tried to soften the language to say we will coordinate on it. Commissioner Turner questioned the definition of "ensure" versus "insure." Chair Brown asked about the language referring to transitioning a water supply. He is familiar with Avion and wonders what this means, since we have utility districts that supply water. Terri said all we are trying to do is ensure that we coordinate with the City. The concern is that we don't pay attention it, the City doesn't pay attention to it, and things can get confused. Commissioner Turner said the City is facing a federal mandate to improve the system and is potentially looking at a bond issue for that work. Commissioner Cyrus spoke about 2.5.23 and did not understand why we need to be involved. Nick said the Water Resources Department is required to sign off on land compatibility statements for projects. Commissioner Cyrus discussed the use of "account fees," which measure water and add billing for each parcel's owner, and Chair Brown spoke about people buying property with certain water rights but being able to change a head gate and ' gain/lose water. Every point of delivery has an account fee. Nick suggested speaking to Kyle Gorman for draft language, and we need to decide whether the County needs to be involved. Commissioner Turner said this is a very real problem but wondered if the Comp Plan is the place to address these issues. The Comp Plan is the "big picture." Commissioner Irvine agreed that this may be micromanaging and not part of this process. Commissioner Irvine asked about 2.5.4(b) and possible health issues with the use of grey water. Terri said there is pending legislation to clarify this, and by the time it goes through we will have those guidelines in State statute. Nick said it seems like everyone is in agreement on the policies but not the subsections. Maybe we should get the Board's feedback on the process and the level of detail needed. Chair Brown spoke about minimizing verbiage in the Comp Plan Update. Commissioner Powell agreed that an overall view is needed, but as the newest Commissioner, he appreciates being able to see more detail and background information. Commissioner Cyrus questioned 2.5.20(b) and wondered why it is needed. Terri said that the federal and state requirements have to be adopted locally. Commissioner Klyce asked if there are City wellheads on County property, and Commissioner Powell said this would apply to any well that provides public water. Terri and the Commissioners discussed giving one version of the Comp Plan Update to the Board with staffs' suggestions shown separately from those of the Commissioners, versus two versions being prepared for the Board. Commissioner Klyce suggested eliminating the words "...or a site grading and drainage ordinance for public water systems... ". The Commissioners agreed with this. Commissioner Cyrus was uncomfortable with 2.5.21 and felt it was putting a lot of burden on the Planning Director. Revisions to (a), (b) and (c) were discussed. Use of the word "facilitate" instead of "ensure" was considered. Regarding 2.5.22, "river and riparian" should be changed to "river or riparian." Chair Brown suggested not listing specific affected agencies so no one is potentially left out. The reference to the Planning Director will be deleted from 2.5.24 and 2.5.21. Chair Brown asked if the State plays an active role in protecting wetlands, and Terri said the State is more involved with regulatory practices. Commissioner Klyce thought that 2.6(b) may be a duplicate of what the State is doing. Terri said the reason we included it is to encourage people to apply for docks, etc., and to be able to give them informational handouts. Chair Brown mentioned that the action items issue still has not been resolved. Terri said that including some action items gives background to the policies. Nick and Terri discussed having a complete draft for the Commissioners to review sometime in August. IV. REVIEW OF REVISIONS TO SECTIONS 2.8 WILDLIFE 2.9 OPEN SPACE AND SCENIC VIEWS AND SITES 2.10 ENERGY AND 2.11 ENVIRONMENTAL QUALITY POLICIES — Terri Hansen Payne, Senior Planner. The Commissioners discussed recommending elimination of the references to the Interagency Report. Commissioner Klyce suggested changing the language to "Update the Statewide Goal 5 wildlife inventory and review County Code as needed to ensure adequate wildlife habitat protection." Section 2.8.3 was reviewed, and Commissioner Cyrus questioned whether this was an action item. Nick discussed Section 2.8.4, with which Chair Brown was not comfortable. Nick suggested supporting the Greenprint and encouraging preservation and stewardship for identified areas. Commissioner Turner spoke about Goal 3 and thought that there probably isn't anything the County can do at its level. Terri clarified "wildlife tourism." Commissioner Turner asked about 2.9.4(d) and possible language about wind towers. Nick said we are going to the Board next Wednesday to discuss small wind energy systems. Commissioner Klyce suggested having a presentation on landscape management and how it covers roads before they go too deeply into this section. Terri said it is all listed in the current Comprehensive Plan, and this will be carried over into the chapter where resources are listed. Staff could provide a map showing an overlay. Nick, Chair Brown and Terri discussed landscape management and open space areas and zoning. Terri added that there isn't much that can be done in open space lands, and they are not usually involved with private ownership. Chair Brown thought that hydroelectric energy and biomass energy should be included in the definition of renewable energy in Section 2.10. Commissioner Turner mentioned adding "conservation" to 2.10.1, and Terri said she had considered re -arranging the sections to put that one first. In Section 2.11.7, Commissioner Irvine questioned "free recycling" and the reference to County composting locations. V. INITIAL REVIEW OF SECTIONS 2.12 SURFACE MINING 2.13 CULTURAL AND HISTORIC RESOURCES 3.3 RURAL HOUSING AND 3.4 RURAL ECONOMY POLICIES — Terri Hansen Payne, Senior Planner. Chair Brown felt that crushing should be allowed, and it would be most efficient to be sure that the trucks are full both ways. Nick said that some of the policies in the Cultural and Historic Resource section may change because the City of Bend and perhaps other cities may opt out of the current Historic Commission and form their own groups. Chair Brown discussed the requests from homeowners in the eastern part of the County who want to put a second residence on their properties. Terri said this is not relevant to 3 this part of the Comp Plan — it was addressed in the farm policies but would also be very hard to do under current statutes. The Commissioners discussed whether they should support existing economic initiatives that keep up rural character. Weddings may fall into this category. Home-based businesses such as mechanic shops were considered. Chair Brown suggested language saying "support economic development in unincorporated communities." VI. FOLLOW UP - Terrebonne Community Plan Commercial Policies — Nick Lelack, Planning Director. Nick discussed his Memo to the Commissioners and the extent of work that would be required to change the map, including a traffic impact study which it is likely that the County would not fund. An applicant would probably have to submit a proposal. Chair Brown asked if the owners could make one application and do one traffic study for all four parcels, and Nick said he would check. There may or may not be legal home occupations or pre-existing uses of the properties as some of the requirements stipulate. Access to Highway 97 was considered. Nick said there is a challenge in that we cannot pre -determine the outcome of a quasi-judicial application, i.e., use language that says "support" applications for the tax lots. Commissioner Turner questioned how much weight this carries as part of a community plan — someone will still have to come in and apply. Nick said they would base their findings on this. Commissioner Klyce suggested referring to properties "between B Avenue and Central." Commissioner Irvine thought that it might be better to specifically identify the lots rather than try to include them in a general description. Nick will look at this further, and the Commissioners agreed that the staff should set the policy and let the applicants apply. VII. CONSIDERATION — Planning Commission Letter to Board of County Commissioners Regarding Ordinance 2008-019. The Commissioners reviewed a draft cover letter, to accompany public comments received regarding this Ordinance, which would be forwarded to the Board. While not under the Planning Commission's purview, they would appreciate direction from the Board to the Commissioners for their consideration regarding the water issues. Commissioner Turner mentioned that the funding assistance is separate. Chair Brown discussed the potential funding available to South County residents and providing a monthly report. Commissioners Turner and Powell talked about the requirement for installation of nitrogen - reducing systems in certain areas. Commissioner Turner and Nick discussed the Sunriver sewer feasibility study. The cost per lot is dependent on many variables. Nick said that one consideration is this could be paid over time, as compared to the nitrogen -reducing systems which have to be paid for up front. Motion: Commissioner Turner motioned to send the letter to the Board with Chair Brown's signature on behalf of the Commissioners. Seconded by Chair Brown. Motion passed unanimously. 4 VIII. PLANNING COMMISSION & STAFF COMMENTS. Nick said that next Wednesday the Board hopes to extend Commissioner Cyrus' term until August 1 and re -appoint Commissioner Klyce for four more years. The Commissioners decided unanimously to authorize Chair Brown to sign the Jeld-Wyn permit on behalf of the group. Motion: Commissioner Klyce motioned to send Commissioner Irvin and Chair Brown to the destination resort remapping meeting with the Board as representatives of the Planning Commission. Seconded by Commissioner Turner. Motion passed unanimously. IX. ADJOURN There being no further business, the meeting was adjourned. Respectf Ily submitted, Sher Buckner, Administrative Secretary NEXT MEETING — July 8, 2010, at 5:30 p.m. at the Deschutes Services Center, 1300 NW Wall Street, Bend, OR 97701 5