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HomeMy WebLinkAbout2014-02-27 - Planning Commission MinutesMINUTES DESCHUTES COUNTY PLANNING COMMISSION DESCHUTES SERVICES CENTER 1300 NW WALL STREET, BEND, OREGON, 97701 FEBRUARY 27, 2014 — 5:30 P.M. 1. CALL TO ORDER Meeting was called to order at 5:30 p.m. by Chair Chris Brown. Members present were Vice Chair Bill Rainey, Hugh Palcic, Matt Lisignoli and James Powell. Absent: Todd Turner and Ed Criss. Staff present were Nick Lelack, Planning Director; Peter Gutowsky, Principal Planner; Paul Blikstad, Senior Planner; Matt Martin, Associate Planner; and Sher Buckner, Administrative Secretary. II. PUBLIC COMMENTS (items not on the agenda) None. III. PUBLIC HEARING: TA -13-3 - Text amendments to incorporate changes in state law into the zoning ordinance — Paul Blikstad, Senior Planner Paul summarized the proposed changes and discussed them with the Commissioners. There was no public testimony. Motion: Commissioner Powell motioned to close the oral and written testimony and forward this to the Board with a recommendation for approval. Seconded by Commissioner Palcic. Motion passed. IV. PUBLIC HEARING: TA -14-1 - Text amendments to incorporate "housekeeping" changes to correct errors and provide clarification of existing zoning regulations and provisions of the Comprehensive Plan — Matt Martin, Associate Planner Matt summarized the proposed changes and discussed them with the Commissioners. There was no public testimony. Motion: Commissioner Palcic motioned to recommend approval of the proposed text amendments as presented by staff with the additional amendment to Sunriver's Community Boundary section of the Updated Comprehensive Plan incorporating language from DCC 23.40.025(A)(1)(e), stating "This area is not intended to provide additional sewer capacity to serve areas outside of the historic community boundaries." Seconded by Vice Chair Rainey. Motion passed. V. WORK SESSION: Rural Residential Domestic Livestock — Peter Gutowsky, Principal Planner; Matt Martin, Associate Planner Matt discussed existing enforcement opportunities. Peter spoke about the Upper Deschutes Agricultural Water Quality Management Area Plan and possible Measure 56 consequences. Matt summarized his research on Jefferson County's development code and Crooked River Ranch regulations. Their planning division used to have a cap on livestock, but it was repealed, primarily because of the challenges of enforcement. Peter said that a petition for annexation could be an option at Crooked River Ranch. Commissioner Lisignoli and Peter discussed the pros and cons of the County addressing this issue. The volume of complaints is low, and the Oregon Dept. of Agriculture protects the waters of the state from pollution. The County does have a nuisance ordinance, as well. Staff could come up with a matrix of available resources for the community and information about best management practices. Commissioner Powell and Matt discussed coordination between Code Enforcement, the Sheriff's Department, etc. Vice Chair Rainey felt that there isn't enough of a problem to add more bureaucracy. Commissioner Powell thought that perhaps problems are under -reported because people don't know the avenues to bring them forth. Commissioner Lisignoli thought that a few people will be very disappointed, but they do have a multi -step process available to fix the problem. Commissioner Powell mentioned that the Upper Deschutes Agricultural Water Quality Management Area Plan only deals with water issues — not flies, dust, manure piling up, etc. He serves on an architectural committee in his area which has received five complaints in about five years, none of which would be covered by the Water Quality Plan. Vice Chair Rainey and Peter discussed making a matrix of resources available to the public. Nick thought that perhaps Ed Criss, Robert Ray and others from South County could review the current Plan (3rd Revision) and work with the Upper Deschutes Local Advisory Committee on a fourth revision if South County is not covered. Nick said staff will prepare a memo to the Board outlining next steps and obtain Planning Commission review before it goes to the Board. VI. ELECTION OF VICE CHAIR & UPDATE ON SISTERS AREA PLANNING COMMISSIONER RECRUITMENT: — Nick Lelack, Community Development Director Chair Brown nominated Hugh Palcic for Vice Chair and this was approved. Nick said we have received six applications for the position being vacated by Commissioner Rainey. Interviews will be conducted on March 11 with three of the candidates. VII. WORK SESSION: TA -14-3 — Text amendment to DCC Title 9 to prohibit any marijuana business or the sale of any federally prohibited substance, and clarifying that this is not a permitted or conditional use in any Deschutes County Zone under Title 18 — Nick Lelack, Planning Director Nick discussed the proposed amendment and the bill pending in the legislature. There is a lot of uncertainty regarding what is and what is not allowed in the state. 2 Motion: Commissioner Rainey motioned to forward this to the Board without taking a position. Seconded by Chair Brown. Discussion: Commissioner Rainey felt that this is a political hot potato and the Planning Commission should not take a position on it. The Board should deal with it. From a legal standpoint it is probably questionable. Commissioner Powell said that this ordinance as written seems to raise some unintended consequences. Prohibited substances are defined in the DEA schedule and all of Deschutes County would be affected by this ordinance, making it illegal for any business to sell the substances. Schedules 1-5 are used by medical facilities and licensed by the DEA. They would be in violation of this ordinance. There should be some expert testimony to reduce the "shotgun" approach. Motion passed. VIII. PLANNING COMMISSION & STAFF COMMENTS Nick said that on Monday, there was a work session with the Board and we will be continuing work on the agricultural lands program, Goal 11 for South County, coordinating with the City of Bend on the Urban Growth Boundary and the airport master plan; as well as other projects which will extend well into the fiscal year. One of the biggest projects will be to reconvene the committee on pollution reduction credits and determine whether any changes are needed. It is a very complicated program and we can provide more information. The Commissioners thanked Bill Rainey for his service. IX. ADJOURN There being no further business, the meeting was adjourned. Respectfully submitted, ;1-1-1M Sher Buckner Administrative Secretary The video record of this meeting can be located at: http://deschutes.granicus.com/ViewPublisher.php?view_id=5 3