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HomeMy WebLinkAbout2010-07-22 - Planning Commission MinutesCommunity Development Department Planning Division Building Safety Division Environmental Soils 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 JULY 22, 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: Richard Klyce, James Powell, Todd Turner, Keith Cyrus and Merle Irvine. Absent: Vice Chair Ed Criss. Staff present were Nick Lelack, Planning Director; Peter Gutowsky, Principal Planner; Terri Hansen Payne, Senior Planner; and Sher Buckner, Administrative Secretary. Approval of minutes of April 22, 2010 was postponed due to questions from Commissioner Powell. IL PUBLIC COMMENTS None. III. PUBLIC HEARING (continued): — TA -10-4, initiated by Deschutes County, to amend Deschutes County Code, DCC Chapter 2.28, Historical Preservation and Historical Landmarks Commission. The amendments primarily revise existing restrictions in DCC Chapter 2.28 - Peter Gutowsky, Principal Planner. Peter summarized history and current status. Commissioner Powell said he appreciated the amount of work on this. Chair Brown questioned how much duplicity we are dealing with since the City of Bend is also working on the same project. Heidi Slaybaugh, Landmarks Commission Chair, testified that they are dealing with Bend, Redmond, Sisters, La Pine and the County. As a Commission, they have to use the preservation code for each jurisdiction. Many years ago it was only the County; then Bend and Redmond branched off with their own codes, etc. They are trying to come up with a clear, cohesive code. They get a grant every two years and are doing this major revision so it is clear in each jurisdiction. They started with the Bend code because that is where the majority of their projects are. Nick added that the Landmarks Commission is a quasi- judicial body. Chair Brown mentioned the Pilot Butte Inn and wondered what we are trying Quality Services Performed with Pride to do - are we trying to identify and protect resources and assets that add to the County? Pat Kliewer felt that each jurisdiction should have its own codes, but there are also state requirements that need to be met. Right now there is a lot of flexibility in the code for each individual application, but there are also clear guidelines. Property owners have to want to be included. There are currently about 60 properties in the County. Commissioner Powell asked about the distinction between cultural and historical resources. Pat said she would clarify the definition in the code. Cultural includes Native American, prehistoric and religious sites, but they can also be European, Asian, etc. Peter Gutowsky said that in the July 21 memo, the Commission made a recommendation to define a historical/cultural resource. Commissioner Powell and Pat discussed the purpose of the code. If a property is not designated and something is found, you would call the State Historic Preservation Office or the State Police who know the procedures. The Historic Landmarks Commission does not have the authority to deal with anything below ground. Commissioner Turner asked about language saying that an applicant or the Commission can select properties. What is the scenario if the owner is not in favor of the designation? Heidi said that as of 1997 the property owner must sign off, and the designation runs with the property. Commissioner Klyce asked if it was difficult to find people to serve on the Landmarks Commission, and Pat and Heidi said usually not, although it is more challenging in Redmond and Sisters because they do not have as many projects going on and meet less frequently. Commissioner Klyce asked who looks at structures regarding rehabilitation, for example. Heidi said that it may be someone at the City if it is regular maintenance and repair. Commissioner Klyce asked about the definition of "structure," which Heidi said comes from the standards used by the National Park Service. Commissioner Klyce thought that there should be a definition for "edifice," since the term is used. Motion: Commissioner Turner motioned to close the oral and written testimony and the hearing. Seconded by Commissioner Powell. Motion passed unanimously. Motion: Commissioner Turner motioned that the Planning Commission endorse the proposal and forward it to the Board. Seconded by Commissioner Powell. Motion passed unanimously. IV. REVIEW OF REVISIONS TO 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. Terri and Commissioner Powell discussed the Goal 5 inventory. Chair Brown asked if ESEE should be referenced. Terri said it was referred to in Section 2.4. Commissioner Powell mentioned friends who had moved to a rural area for the peace and quiet and then a dirt bike racing establishment started up next door, on private land. What recourse should someone have, or should there be recourse? Terri said it would be hard to put this type of policy in, and this may fall under noise regulations in the County. Commissioner Turner mentioned Goal 3.4.1(a) regarding certain operations and wondered whether R & D projects require large, rural locations. Terri said that is from our current Plan; and someone wanted to recognize that backyard rural use is allowed, but intensive industrial use is not. It may be possible to be more general and allow appropriate economic development activities in rural areas. Chair Brown and Terri discussed the definition of "rural areas." IV Chair Brown, Commissioner Irvine and Terri discussed using the brackets in the draft Comp Plan and whether the Commissioners should indicate agreement/disagreement for each one. Commissioner Powell and Chair Brown discussed specificity of what was in the brackets and whether there was strong disagreement at times between what the Commissioners felt should be in the Comp Plan and what staff felt was necessary. Commissioner Turner said he expected that we would end up with a draft that would include the Commissioners' items and staff's suggestions in brackets for items they wish to add, and the whole document would be forwarded to the Board. Commissioners Powell and Turner discussed whether the brackets could be used to highlight examples and how specific the Comp Plan should be. Commissioner Irvine, Nick and Terri discussed timelines. Chair Brown said he would like to be certain we complete important portions before Commissioner Cyrus' term ends. Nick suggested the Commissioners attend the Board work session to talk about the schedule. Commissioners Klyce and Cyrus felt that the Board had been contradictory in originally telling the Planning Commission to take as much time as they needed, and then adopting the current schedule. Chair Brown mentioned he will be absent from the August 12 meeting. The Commissioners and Terri discussed requirements for sewer/onsite systems and rural development, and use of the word "onsite." Terri Hansen Payne, Senior Planner. The Commissioners and staff discussed 3.5.1. Peter said that Deschutes County has a pre -disaster natural hazards mitigation plan that has been approved by FEMA (fuel reduction is an example of this in action). Nick suggested that anything adopted by reference, such as the Bend Airport Master Plan, should be included for review in its entirety. Commissioner Turner asked for a definition of natural hazard areas. Peter said they include wildfire/high risk inventory areas, winter storm event areas, potential flooding locations such as Tumalo and Wychus Creek, and moderate -risk earthquake areas (which are less of a problem on this side of the mountains). Nick and Chair Brown spoke about using simpler language. Commissioner Turner mentioned the National Guard Armory having been built in a flood plain as an example of how we might not want to use language restricting or requiring mitigation. Chair Brown felt that the language is being repeated in more than one section and can be combined or eliminated in some cases. Commissioner Klyce thought that in some cases the language might prohibit someone rebuilding a house in a high risk area that had burned down. Commissioner Turner suggested rewriting 3.5.5 in a more positive way. Commissioner Powell did not think the policy was as prohibitive as some of the other Commissioners and asked, for example, how "appropriate' would be determined if we used language encouraging "appropriate" development. Commissioner Powell and Chair Brown discussed personal property rights and community responsibility, creation of defensible space, maintenance of vacant or unused lots which may pose a fire danger to neighbors' properties. Commissioner Cyrus mentioned that their fire district will contract with owners outside the district to mitigate risk. 3 Chair Brown thought that Section 5.6 should remain as is. Nick felt that staff could attempt a redraft incorporating the Commissioners' suggestions. Commissioner Turner suggested toning down some of the language and reworking 3.9 and 3.10 to be consistent with FEMA guidelines; 3.5.16 and 3.5.17 are all reviewed by State Code adopted by the County and do not belong in the Comp Plan. The Commissioners, Peter and Terri discussed whether there should be specific language about parks in the Comp Plan. Terri spoke about the pending decision by the Board regarding destination resorts. VI. PLANNING COMMISSION & STAFF COMMENTS. Peter distributed documents regarding small wind energy systems for the August 26 meeting. Nick said the written record before the Board is still open until August 2 for the Terrebonne Community Plan. Last night the City of La Pine Planning Commission and City Council recommended approval of BioGreen's proposal. VII. ADJOURN There being no further business, the meeting was adjourned. Respectfully submitted, it,5L Sher Buckner, Administrative Secretary NEXT MEETING — August 12, 2010, at 5:30 p.m. at the Deschutes Services Center, 1300 NW Wall Street, Bend, OR 97701