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HomeMy WebLinkAbout2010-12-02 - Planning Commission MinutesCommunity 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 SISTERS CITY HALL 520 E. CASCADE, SISTERS OREGON, 97759 DECEMBER 2, 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: James Powell, Merle Irvine, Bill Rainey and Richard Klyce. Absent: Ed Criss and Todd Turner. Staff present were Nick Lelack, Planning Director; Peter Gutowsky, Principal Planner; and Terri Payne, Senior Planner. II. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA None. III. PUBLIC HEARING (continued): Ordinance 2011-003, Comprehensive Plan Update - Terri Hansen Payne, Senior Planner. Chair Brown opened the hearing. Terri Payne then gave a short PowerPoint presentation describing the Comprehensive Plan Update. Eva Eagle, a resident who lives on EFU property near Aspen Lakes development, said she is discouraged. Input presented at previous meetings has not been well received. She expressed disappointment about grandfathering properties with the destination resort map amendment. These are inappropriate lands for this type of use, given wildlife and soils. She questioned the destination resort map amendment and the timing of that process. The current process underscores development, against other rural land use values. She raised sustainability concerns and expressed a hope for something better. Wendy Holzman said that her main concern was about a destination resort map that doesn't meet State requirements. She has been elected as a Sisters City Councilor and underscored the importance of defensible findings. Matt Cyrus offered general comments. Different portions of the Comp Plan Update seem to be written by different people. An example is in the destination resort section, most of which is is goal oriented. However, 3.9.14 and 3.9.15 are more specific. Matt emphasized using less restrictive information. Regarding the water section, he thought we should not be specific, like preserving cold water springs. He's concerned about unintended conse- quences. He described the Lower Deschutes River and USGS studies that identified a spring dependent system and ultimately restrictions on new water uses in the upper basin. His concerns are interpretations of Comp Plan policies that could get litigious. An example is not Quality Services Performed with Pride having the County get involved with TMDLs (Total Maximum Daily Loads). Unlike the Departments of Environmental Quality and Agriculture, staff doesn't have the expertise. Bruce Bowen expressed disappointment about the changes to the Comprehensive Plan, which was originally developed by staff and has now been modified to serve development interests. There are currently too many destination resorts. He is afraid of "killing the golden goose." He emphasized the importance of sustainability and advocated that the Planning Commission revisit the Comp Plan drafted initially by staff. Pamela Burry expressed frustrations with the destination resort map amendment process. The economy has changed as it pertains to employment and housing. Given these changing circumstances, the public will look back on the past and realize that resort development is antiquated. The County's priorities are different now. She advocated taking a progressive approach and using new information that identify new opportunities. Keith Cyrus reminded the audience of his family's connections to Deschutes County. He acknowledged positive accomplishments with wildlife. One of his relatives recalled seeing a deer track for the first time. He remarked that blame tends to be placed on developments. A cougar recently threatened his cattle and nearby deer populations. Geese proliferate now - a relatively new phenomenon. Furthermore, elk impact Lower Bridge farming operations. He acknowledged that the Pelton Round Butte project will be helping Whychus Creek and the Deschutes River with instream flow and restoration projects. Climate change has impacted water supply, and we do not receive the same amount of snow fall and ultimately, runoff. We shouldn't knock a system that is working. Jerry Norquist spoke as the Executive Director of Cycle Oregon. Each year, cyclists express appreciation to him for Oregon's quality of life and its open space. Open space brings in tourist dollars. He asked that, as we consider destination resorts and other rural develop- ment, the Planning Commission protect open space. Rex Barber called out Policy 2.2 pertaining to agricultural lands. He emphasized that climate (frost) and soils impact agricultural productivity in Deschutes County. He expressed frustration that the Comp Plan Update does not identify new opportunities for rural lands. Minimum acreages for farmers need to change because they are predicated on maintaining open space. Small land divisions should be allowed for hobby farms. He proposed minimum parcel sizes for Deschutes County's agricultural subzones and also advocated for residential cluster development opportunities on farm lands. The only viable option for farming today is hobby farming on small acreages. Deschutes County should challenge the State's land use system to provide more flexibility. Benny Benson said that regarding the Transportation System Plan, he advocated evaluating the Sisters Airport runaway and its subsequent zoning. The runway and associated 12+ acres should be revisited to support businesses. The airport offers a fire response effort and may also assist the industrial park. Commissioner Powell asked if the existing runway is adequate for potential business uses. Benny said that the runway strip is appropriate for general aviation aircraft and helicopter use. Nick Lelack asked Terri Payne to speak on the issue of private parks and wedding events on farmlands. Terri handed out and summarized three possible definitions for private parks that could be included into the Comprehensive Plan. Chair Brown asked where the definitions were derived. Terri mentioned that she checked the dictionary and cobbled them together from other jurisdictions. Chair Brown expressed an interest in Benton County's definition. 2 Terri responded that Douglas County is the only jurisdiction that has a park land definition. Nick Lelack emphasized that staff is not looking for a decision. Commissioner Rainey asked how a definition to the Cc underscored the importance for operative language the responded that State statutes recognize private parks as However, the County has not defined this. Nonetheless, I today. Nick Lelack acknowledged that counties approach has not been tested at the Land Use Board of Appeals. np Plan solves a problem. He : refers to the definition. Terri a conditional use in EFU zones. ie operative language is in place private parks differently, and this Motion: Commissioner Irvine motioned to continue the public hearing to December 9. Seconded by Commissioner Rainey. Motion passed unanimously. IV. PLANNING COMMISSION & STAFF COMMENTS Nick Lelack mentioned the fee waiver discussion on Wednesday with the Board of County Commissioners. The Board did not take any action for concern of setting a precedent. They instead directed staff to initiate a declaratory ruling on the Fagen property to determine if it is a permanent dwelling. Peter Russell initiated the application yesterday afternoon. The public comment period ends on December 16. The declaratory ruling will not be heard by the Planning Commission. The Board will call it up. The Planning Commission's role instead will be to take the results of the ruling and incorporate them into the Deschutes Junction policy discussions. Commissioner Powell asked about the type of information that can be used to evaluate the declaratory ruling. Nick responded that information in the record, both recently and in the past, can be used as findings for the declaratory ruling. Nick alerted the Planning Commission to tomorrow's meeting with the La Pine Citizen Action Group to brief them on the Comprehensive Plan Update. He also mentioned that the DEQ meeting is next Tuesday night in La Pine; the Biogreen hearing is Wednesday in La Pine; and the next public hearing on the Comp Plan Update will be Thursday in La Pine. He also reminded the Planning Commissioners that they are invited to attend Dennis Luke's retirement party on December 16. Nick said it is important to monitor the Outward Bound decision. It reminds everyone of the importance of revisiting the County's Goal 5 program. Lastly, Nick asked if the Planning Commission is interested in having a retreat in February. Commissioner Irvine asked if there are any items besides the Comprehensive Plan on the agenda for December 16. Nick confirmed that it is the only item. Once the Planning Commission makes a recommendation, staff will return in January with the changes to make sure the changes will accurately followed. V. ADJOURN There being no further business, the meeting was adjourned. pal Planner NEXT MEETING — December 9, 2010, at 5:00 p . at the La Pine Senior Center, 16450 Victory Way, La PilmeOregon 97739