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HomeMy WebLinkAbout2011-06-23 - 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 DESCHUTES SERVICES CENTER 1300 NW WALL STREET, BEND, OREGON, 97701 JUNE 23, 2011 — 5:30 P.M. I. CALL TO ORDER Meeting was called to order at 5:30 p.m. by Chair Merle Irvine. Members present were Richard Klyce, James Powell and Bill Rainey. Absent: Vice Chair Chris Brown, Ed Criss and Todd Turner. Staff present were Nick Lelack, Planning Director; and Sher Buckner, Administrative Secretary. Minutes of January 27, 2011 were approved. IL PUBLIC COMMENTS None. III. WORK SESSION: Event Venue Text Amendment - Nick Lelack, Planning Director. Nick summarized this topic to date and indicated that it is only a concept. Nick and Commissioner Powell discussed some of the pending legislation and what authority the County might have. Commissioner Powell also asked about the definition of private parks, and Nick said they are not specifically defined in State law. There is very little guidance; they have not been debated at the Land Use Board of Appeals (LUBA) level. Commissioner Powell mentioned finding in ORS 660 that campgrounds and hunting areas are defined as private parks. Nick said this still has to be hashed out and determined, probably by LUBA. Chair Irvine asked if this was the only opportunity the Planning Commissioners would have to comment before the Board's next work session. Does this preclude us from having additional meetings to come up with other recommendations or comments? Nick said this is the last opportunity to help shape the proposed text amendment, and the public hearing process will be held at the Board level. Nick and Commissioner Rainey discussed carrying any comments forward to the Board and not just taking votes. The Commissioners can also email Nick before next Wednesday. The Commissioners discussed the table included in their meeting packets. One item to consider is whether the conditional use would be tied to the owner rather than the property. Commissioner Quality Services Performed with Pride Powell indicated he was in favor of the use being tied to the applicant. He wondered if we could consider a trial period for an initial permit to run. Perhaps we could allow 6-12 months to see if an applicant met all the conditions, in which case the timeline would be extended for a certain number of years. That would provide an opportunity to get feedback about impacts. Also, should someone who wants to have one event a year (such as a pumpkin patch), or an indoor event such as a birthday party, be subjected to the same rigorous requirements as someone who wants to have open air events? Nick said this could be considered. Chair Irvine wanted to indicate to the Board that he was concerned about costs for property owners and extensive bureaucracy in the process. Commissioner Powell wondered what other things are being looked at which could occur in private parks such as soccer fields. The term "private park" could encompass many uses. What about forest lands? This could expand beyond the current vision. Nick said that this issue was raised to the County by event operators, and at the time the County didn't know if it was allowed or not. We went through the text amendment process and the application was withdrawn, and the Board now wants to address this issue. On forest lands, our Legal Counsel feels that events are not allowed as private parks. In terms of other uses, we evaluate each use proposed to us. We have approved a trap club and a paintball facility as private parks, and since we do not have a definition, each one had to be looked at individually. Commissioner Powell asked if we should shift gears, eliminate the private park definition and use something else, since it isn't really defined. Commissioner Rainey wondered why high- value farmland would be excluded from events under the private parks definition. Commissioner Powell asked about honoring adjacent land uses such as farming which would impact events next door — increasing traffic, noise, lights, etc. Much of Oregon law has been an attempt to balance uses. What is our responsibility here? Commissioner Klyce felt that SB960 limits the frequency so there is a compromise. Since farming is a commercial activity already permitted on EFU lands, people need to be prepared to have some of their tranquility infringed upon. Permitting events would be a way to hold acreages intact instead of breaking them up for residential use. Nick said that SB960 does contemplate impacts on surrounding properties along with the uncertainty and expense of the commercial use process. Regarding lot sizes, the Board has not proposed any minimum at this point. Commissioner Rainey felt there should be a minimum lot size. Commissioner Klyce said that there were many other considerations as well, and he was more inclined to look at impacts and for the approval process to be site-specific. Nick suggested distance from the neighboring property was what mattered, as well as what was between the properties. Commissioner Powell and Chair Irvine agreed that the impacts were the most important. Commissioner Rainey considered the possibility of 20 events per year. That could be four to five summer months, and there could be an event every week. If he was a neighbor he would feel this was too much. He would impose some sort of limit such as no more than two events in one month. Commissioner Klyce suggested that maybe two events in one weekend, having alternate weekends off, could also work. We have heard a lot of testimony over the last couple of years about how farming in this County is not viable, and we need to enable owners to keep their properties intact. One of the problems we had in dealing with this was trying to address every possible scenario. He would prefer to keep the text general and allow a hearings officer a certain amount of latitude to determine impacts on a specific site. Chair Irvine mentioned Commissioner Powell's trial period as a good idea. Commissioner Rainey agreed that we need to help struggling landowners and provide alternatives, but use needs to be balanced with the impact on the neighbors and what is reasonable. Commissioner Powell suggested that events could be weighted based on impacts, rather than allowing a specific number. If they have a larger impact, fewer events would be approved. Nick and Commissioner Powell discussed events in MUA-10 Zones, and Nick said that the Board had been against these. Nick indicated that SB960 would allow counties to be more restrictive if they chose, but not less. The Commissioners discussed duration of events, permanent structures, whether owners should be required to live on the property if they host events and if multiple properties have to be contiguous. Nick also mentioned that property across a street is not considered contiguous. Commissioner Powell spoke about tying the use to the land owner to reduce costs for both the owner and the County, unless there are code violations or other problems. Commissioner Klyce felt that the complaints should be limited to those who actually suffer harm. Commissioner Powell said that this would involve looking at the validity of the complaints to determine whether they are from someone next door or two miles away. Nick discussed the cost of issuing a decision administratively versus going to a hearing and added that outdoor mass gatherings are not subject to site plan review, unlike private parks. IV. REVIEW/DISCUSSION: 2011 Draft Planning Commission Schedule - Nick Lelack, Planning Director. Nick reviewed the draft schedule and priorities for the remainder of the year. Chair Irvine asked whether the Commissioners would like to have a joint meeting with the Board and what should be discussed. V. DISCUSSION: Planning Commission Training - Nick Lelack, Planning Director. Nick asked if the Commissioners would like to have some type of training. There are videos available online or we could put something together here. Commissioner Klyce mentioned the intensive learning process during the Comprehensive Plan and would not want to impose a large burden on staff for training, but more knowledge is always good, too. Commissioner Powell and Chair Irvine asked Nick to bring a list of topics to the next meeting. VI. PLANNING COMMISSION & STAFF COMMENTS. None. VII. ADJOURN There being no further business, the meeting was adjourned. Respectfully submitted, a"6t-4 Sher Buck Administrative Secretary