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HomeMy WebLinkAbout2010-12-16 - Planning Commission MinutesI I. 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 DECEMBER 16, 2010 — 5:30 P.M. Meeting was called t0 Vice Chair Ed Criss, Klyce. Staff present Planner; Terri Payne, order at 5:30 p.m. by Chair Chris Brown. Members present were: James Powell, Merle Irvine, Bill Rainey, Todd Turner, and Richard were Nick Lelack, Planning Director; Peter Gutowsky, Principal Senior Planner; and Sher Buckner, Administrative Secretary. July 22, August 12 and August 26, 2010 minutes were approved. II. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA None. Ordinance 2011-003, Plan Update - Terri Hansen Payne, Senior Planner. Public Testimony: Liz Harmon spoke about the resource management section and a comment made by Nick regarding things in the Comp Plan that "the County does not do but which allow for grants from other agencies." She wondered if this is regarding the Interagency Report, which was written by agencies which do not have any say about private lands, and about the Goal 5 inventory. Some recommendations are already included in the Comp Plan and cover protection of wildlife on private lands. Federal agencies should not be trying to regular the remaining 20% of lands in the County that are not publicly owned. The InterAgency Report should not be included in the Plan. Karen Duncan spoke about information that the DEQ has on record for the special sewer district which is a nitrate contributor. The Board should prioritize the South County section and add a work plan for this. She feels that a consensus for a County Plan can be Quality Services Performed zvith Pride reached in months rather than years, while not restricting people's property rights. She would like to see a statement in the preamble regarding property rights. Jay Duncan discussed language which he feels is unclear, specifically regarding the Local Rule in Chapter 2. He feels the County had no mechanism in place to give out money when the Local Rule was being considered and this reference should be deleted. He also spoke about the work currently being undertaken with the DEQ. He would like to see the Board support a South County Plan immediately after the new year and also would like to see language in the preamble regarding property rights. Monte Harmon spoke about the administrative rules and goals and finds all kinds of protection for land, endangered species, air and water but not people. Why is this? Ann Gregersen testified about purchasing property in an obsolete subdivisions that do not exist anywhere else in the County which contain non-buildable lots. This is a unique situation and will require a specific process and special attention. The County seems to have plans for these areas that has not been disclosed and is getting information from the Clarion Report. She would like to see work start immediately on a South County section of the Comp Plan. Wendell Evers spoke about the December 6 meeting in La Pine. He has a problem with the County website and the information on it. Documents do not have dates indicating changes so that the most current document can be reviewed. He also feels that the County is not in compliance with the ADA. John Harding indicated he is concerned about the InterAgency Report. Nick Lelack had said that wetlands designated for the spotted frog may be referenced in connection for applying for grants. John wondered about the ODF & W and its affect on grants. He would not like to see the InterAgency Report adopted as part of the Plan without a complete and thorough review. If the public chooses to protect species, they should bear the burden — not the individual owners. He would also like to see language in the preamble regarding protection of property rights. Judy Forsythe submitted two preambles she would like to see used in the Plan. She also spoke about looking up information on the DLCD website and their stated mission. She favors a preamble supporting protection of property rights. Jodie Barram and Ruth Williamson spoke on behalf of the Bend 2030 Board and thanked the Commissioners for their work. The Bend 2030 vision extends beyond the borders of Bend and can be a model for partnership in Center Oregon. John Huddle requested that we postpone completion of the hearings until the County is compliant with ADA requirements. He will be filing a complaint with the Department of Justice and has spoken to the Labor Board. People are being disenfranchised with the process and how they can use their land. It is difficult to find information on the County website, whether or not someone has disabilities. We also do need a separate section for South County, and this needs to be addressed before the Plan goes to the Board. Molly Baker Ray spoke on behalf of her husband, Robert Ray, and herself. There are fluid boundaries right now in South County, and it would be very difficult to have a Plan with no defined boundaries. These need to be defined. They feel the Plan could be submitted to the Board with a place for a South County section, once the boundaries are defined. 2 Tom Bradley testified about a South County section of the Plan and said it does not need to be held hostage to the DEQ process. The Board will determine what pieces of the Plan the staff needs to work on. The Planning Commission needs to make a recommendation to the BOCC regarding timely completion of a South County section. Deschutes County citizens value property rights, and he would also support a preamble stating this. Ron Sharbaugh would like to see a South County section. He felt that the Plan could be submitted as long as there is a firm deadline next year. Doesn't modern technology allow pretty much anything to be built anywhere on the planet? With composting toilet technology, he fails to understand "RV parking only" lots. What lots can be built on? What lots should not be built on? This is the central issue. Owners who want to build should be allowed to build. He supports a preamble stating protection for people's property rights. Jerry Criss also felt that South County needs its own Plan. He would like to see the aforementioned preamble but it should also include people's rights as well as property rights. He did not know there was a septic issue when he moved to the area in 2004. There are specific issues in South County that need to be addressed. Mike Neary also felt there needs to be a Plan for South County. If they are going to cause major problems with the rest of the County and Planning Commission while this work proceeds, that may not be worth doing. It may be better to go ahead with the Comp Plan and send it to the Board, and initiate a program for South County as a separate project so as not to hold up the process. Everything pertaining to South County could be taken out and a reference made to an "as yet unwritten" South County Plan, with a schedule showing when elements of a South County Plan will be done. Jon Jinings of DLCD testified that this has been a good process and the department feels the County is moving forward in a responsible manner. Chair Brown suggested the Commissioners take a few minutes to review the written testimony submitted at the beginning of the meeting. Motion: Commissioner Turner motioned to close the oral and written testimony. Seconded by Commissioner Powell. Commissioner Rainey wondered whether it would be good to leave the written record open for two weeks or until a specific date in January. Commissioner Klyce suggested that the only problem with closing testimony is that there is still work that needs to be done with South County, and he did not want to affect this. Vice Chair Criss also felt that the written record should be left open until a week before the next meeting. Chair Brown asked Nick if this would delay deliberations, which Nick said it would. Chair Brown agreed with closing the oral and written records and beginning deliberations. There will still be opportunity for public comments before the Board. Commissioner Powell observed that the current Comp Plan already says that South County needs a section. South County had these problems 30 years ago and was offered some solutions — they were asked to make suggestions back then about how to solve some of the regional problems, and he is gratified to hear that so many people are now interested and involved. If we move forward, it will free up staff time to address these very issues. Motion passed. Motion: Vice Chair Criss motioned that the Commissioners forward the following statement: The Commissioners have heard public testimony that South County residents would like a community plan to address local issues with local input. The Commission requests that the Board direct the Planning Division, with an extensive citizen input process, to initiate this project early in 2011 (March). This will take time and resources that could be directed toward other projects. As a potential health problem has been recognized by the DEQ, we believe that this issue is a #1 priority in our area and the County. Seconded by Commissioner Klyce. Chair Brown suggested that the motion be tabled for discussion later in the meeting. Commissioner Turner felt that this was already addressed in the Plan, but if the Commission wanted to act on the motion then it should do so. Motion passed. Chair Brown and Terri discussed whether to use brackets for staff suggestions in the Comp Plan. Deliberations: Commissioner Turner mentioned that there were five areas where he personally had different opinions than staff, but he did not feel that submitting the document to the Board with brackets would be a problem. Chair Brown spoke about how to address changes in the destination resort section, and how address the requests for a South County plan. He and Nick agreed that this had been addressed. Commissioner Irvine asked if they have the current draft. Terri said there have been minor clarifications proposed and those have been highlighted. None of these are controversial. There are no other drafts out there. We have also been trying to make sure there is only one version on the website. Commissioner Criss asked if the bracketed material covers things that have been previously deliberated and there was not a consensus of opinion, and Terri said this was correct. Commissioner Turner said we have put this document out, listened to public testimony, closed the public hearing and wondered if we are talking about adding new items to the draft Plan at this time. Chair Brown felt this would cover technical corrections. Nick said we could also through section by section and then take a formal vote. Commissioner Klyce wanted to make sure issues that have come up in public testimony are reflected in the deliberation. The Commissioners discussed referencing specific areas of the Plan and specific ordinances which may change. Chair Brown mentioned that the Plan is the overriding document, so without it, the ordinances do not matter. Nick said it may be more helpful to articulate what we are trying to do instead of only referencing a specific ordinance. Commissioner Powell and Chair Brown discussed the recent public comments regarding ADA accessibility. Language will be added in Policy 1 regarding County documents being accessible to all members of the public. The Commissioners further discussed the use of brackets. They agreed to remove the brackets on 2.2.1 and 2.2.2. Peter Gutowsky and the Commissioners discussed MLA and EFU zones and ag deferral. Motion: Commissioner Turner motioned to remove the brackets from 2.2.1 and 2.2.2. Seconded by Commissioner Powell. Motion passed. The water section and water rights were discussed, and some minor suggestions from Kyle Gorman will be incorporated. Commissioner Turner and Chair Brown discussed the extent of the water discussion and whether anything but minor changes should be made at this point. Commissioner Rainey and Chair Brown discussed comments from the public that have changed the Commissioners' opinions on some parts of the Plan and may necessitate some revisions. The Commissioners discussed the Interagency Report and whether references to it in the Comp Plan were appropriate. The Commissioners discussed other areas of the Comp Plan and the destination resort remapping, which is currently involved in litigation. The Planning Commission would like to recognize a policy that acknowledges the current procedures and eligibility. Staff will discuss this with Legal Counsel. The Commissioners would like to see support for the grandfather clause (which is currently being challenged) in the Comp Plan. Language for the South County subsection was considered. Commissioners Powell and Rainey spoke about the definition of private parks. Commissioner Turner asked Terri if the term "private parks" appears in the Comp Plan and Terri said it did not. Commissioner Turner questioned whether the term should be in the definitions and whether it should even be in the Comp Plan. Chair Brown and Commissioner Klyce spoke about the preamble language and the recognition of private property rights. Commissioner Rainey said he would like to see examples from other counties' plans. Vice Chair Criss thought that perhaps this issue should be dealt with in January. Nick suggested we have an extra meeting on January 6 to discuss this. Chair Brown suggested that the Commissioners review the preambles provided by Commissioner Klyce for a start and make revisions. Peter and Nick questioned the level of revisions and whether we would be introducing new information into the public record. Peter suggested we discuss this with Legal Counsel. Terri mentioned that this would also be changing what we have heard in a lot of community input. Commissioner Turner felt that the idea of using either of these preambles and coming in at the last hour to change the statement bothered him. He felt these statements are very opinionated and we should not "change the brand" to something that leans one way. Commissioner Powell agreed that it should be more balanced. Commissioner Klyce said he submitted the two preambles in reaction to public testimony. Commissioner Turner mentioned that this meeting is the first time he's heard about revising the preamble, and it seems to be coming at the end of the process. Commissioner Irvine said he had heard the public's concern about property rights. The Commissioners agreed to meet on January 6 to discuss this IV. PLANNING COMMISSION & STAFF COMMENTS Peter spoke about the January 13 meeting and a panel on wind energy. Nick said the Board will be prioritizing tasks on January 12. He also spoke about the website and the Comp Plan link which appears on the front page. Chair Brown mentioned that he would not be serving as Chair next year but would continue on the Planning Commission. 5 V. ADJOURN There being no further business, the meeting was adjourned. Respectfully submitted, 4'�'� 6dw6� Sher Buckner Administrative Secretary NEXT MEETING — January 13, 2011, at 5:30 p.m. at the Deschutes Services Center, 1300 NW Wall Street, Bend, OR 97701