September 11, Bill Gowen led all persons present in the Pledge of Allegiance. HEARING #1

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1 September 11, 2013 The Chairperson Bill Gowen called the hearing to order at 7:00 p.m. Commissioners present: Bill Gowen, Lawrence Weberg, Jerry Crafton, John Sundell, Gary Bedortha, Larry York and Laquita Stec. Crook County Planning staff present: Planning Director Bill Zelenka, Assistant Planning Director Phil Stenbeck and Permit Tech Debbie Kowalski. Bill Gowen explained the Commission procedures. He called upon the Crook County Planning Commissioners to state any conflicts of interest or ex parte contacts. He asked if any member of the public wished to challenge any of the Commissioners concerning any item on the agenda. There were none. Conflicts of Interest: None. Ex Parte Contacts: None. Challenges: None. Pledge of Allegiance: Bill Gowen led all persons present in the Pledge of Allegiance. APPROVAL OF MINUTES No minutes were presented for review HEARING #1 City of Prineville / Application AM : (Second Public Hearing) A Recommendation from the to the County Court, for a request for approval of a Legislative Amendment of the City of Prineville s Transportation System Plan (TSP) as an appendix to the County TSP. The City s TSP extends into the City UGB where the City and the County share land use jurisdiction in accordance with the City/County Urban Growth Management Agreement. Approved by the Planning Commission Page 1

2 STAFF UPDATE Assistant Planning Director Phil Stenbeck indicated that the City of Prineville has requested for this public hearing to be postponed to the September 25, MOTION: John Sundell made a motion to continue application #AM to the September 25 th, The motion was seconded by Gary Bedortha. Aye votes: 7 / Nay votes: 0. The motion passed by a unamimous vote. HEARING #2 Patrick Sullivan / Application MS : (Second Public Hearing) The applicant is requesting an application #MS which changes an Agricultural Exempt Structure application # AG in an Exclusive Farm Use zone, EFU-2. The applicant proposes to convert an existing Agricultural Exempt Structure to a Commercial Agriculture Structure for a Cheese Operation that would be open to the public. The property is located at 9609 NW Sharp Road, Prineville. The property is identified on the Assessor s Tax Map as TL 100. Planning Director Bill Zelenka gave a review of the first public hearing. In addition, he gave an update on the application: State Statutes regarding farm products The current site plan does not reflect the site a current site/plot plan will be needed. An Agriculture Exempt structure can t be open to the public. The cheese operation is a USDA Certified site by the Oregon Department of Agriculture (ODA). Assistant Planning Director Phil Stenbeck presented an update on the application: Presented Exhibits A & B The access is a part of this approval, and is considered a Level II Road Approach Access. It was noted the the Crook County Roadmaster Penny Keller felt this access would be adequate. No irrigation water rights were identified on the application. Explained the ODA licensing process along with the jurisdictions and limitations that are applied in this type of application. ODA monitors the water twice a year. If they have concerns, the applicant would be required to install a filter system. ODA s last inspection was this past July. In addition, ODA had a recent, un-announced visit to the site. Explained the typo on the staff report Russ Hanson would review the On-Site septic system for a commercial operation. Approved by the Planning Commission Page 2

3 Questions/Concerns/Updates: Is there adequate space on property for parking? o Parking on site is not included in an Access permit application. Bill Zelenka explained that the Crook County Transportation System Plan (TSP) established criteria for up to 25 permits trips, per day. Bill Z. gave an update on the Traffic Impact Analysis (TIA) Cost of the access permit: $220 was noted at the first public hearing. An Agriculture Exempt building was converted to a Commercial use. o It was noted that an Ag Exempt structure is exempt from building permits, but not electrical and/or plumbing. o The residence appears to be attached to the Agriculture Exempt structure CROOK COUNTY BUILDING OFFICIAL Lou Haehnlen commented that the building was built to accommodate the commercial and agricultural use. There are some electrical and plumbing concerns that need to be complied with. He does have concerns with the straw house, but felt the building permits can be addressed. The Commission would first need to determine if it s an Agricultural or Commercial use. TESTIMONY - APPLICANT Cher Sullivan, Asked for clarification on the Road Approach fee o Is it $550 or $220 Sharp Road o No speed limit sign is posted o It s hard to only do 15 mph on Sharp Road o What is the speed limit? o It would be nice to have a speed limit sign installed. COMMISSION COMMENTS What is the approximate number of people on tours: single vehicles, vans vs. a bus? Cher Sullivan commented: Per car: 4 people Per Van: 20 people Per School Bus: full; not sure of the number of seats. Five cars per day on non-tour days Felt there was adequate parking on-site. Bus driver drops the students/staff off at their driveway, and walk in to the site. The buses do not enter on their property. Approved by the Planning Commission Page 3

4 Children tours last 2-3 hours Asked to continue already scheduled tours through the end of October 2013 Tuesday s Tours: start promptly at 10am, 12noon and 2pm (No reservations all other days require a reservation) TESTIMONY - IN FAVOR Vivian Stock, 1022 NW Grizzley Rd, Prineville, OR o Her ranch manager lives next door, just beyond the Sullivan s property o Supports the commercial operation. o Traffic the area is growing o Road Dust o Speed limit sign needs to be posted o Supports family farms o Doesn t see a conflict with this type of operation TESTIMONY - IN OPPOSITION Mark Westwood, 9400 NW Sharp Road, Prineville, OR o Submitted Exhibit B for the record ODA Commercial application o ODA always allows a county to accept or deny the application o ODA requests the floors, walls, windows, etc. must be in compliance. o He supports small family farms, but it s a common courtesy to drive the speed limit. Commented about the applicant s driving speed. Cher drives at a reasonable speed, but Patrick speeds on Sharps Rd: 45 mph o There should be some considerations to whether or not the applicant is in compliance. o Commented that when he partitioned his farm parcel, he had went by the law, plus building permits o Would be okay with the use if both the ODA and Building Dept. felt they meet all requirements. o Need rules that every one would comply with o Would be helpful if Sharp Road was chip sealed and/or more maintenance on the roadway. Felt that something needs to be addressed. o If ODA is satisfied with the cheese operation, he was okay with it. o As property owners, wasn t against the cheese operation as long as it doesn t jepordize all the other neighbors. COMMISSION / STAFF COMMENTS Bill Zelenka commented that the traffic impact can t be solely on the cheese operation, because there are other people that live along Sharp Road. There was additional discussion regarding the traffic impact and speed on Sharp Road. It was felt that this is more than likely a combination of violators. Is Sharp Road maintained and/or graded. It was noted that when calcium was put on the road it helped, but only lasted a short time. This would need to be replaced often to control the dust. Approved by the Planning Commission Page 4

5 There is an Equine Trainer on Sharp Road. Wasn t sure how often this person has clients drive to his property. It was noted that these people are pulling a horse trailer, and normally drive at a slow speed: mph. After lesson, they leave. It was felt that this trainer may have 1 out of about 15 people that would use a horse trailer. Also, there are speeders near the mailbox area: Gerke and Lamonta. Some drivers that don t stop at posted stop sign; including Mr. Sullivan. Doug Lee, 3600 NWWashout Creek Lane, Prineville, OR o The Sullivan s had purchased their property from him. At the time, they too had gone through the property process. o The Sullivan s had selected a different location for the dwelling. o Traffic 6pm to 9pm most people are coming home from work. o The School Bus uses their driveway to turn the bus around because there is no culde-sac area to turn vehicles around. o Requested that the applicant use their own driveway/property to turn bus around; not theirs. o There is no legal access onto the applcant s property from Washout Creek. o Felt that most people drive at a sensible speed so that they wouldn t create dust because there are a lot of homes near the roadway. o The applicant drives extremely fast on Sharp Road, and sometimes drives through the stop sign without stopping. o We re all family farms out in this area. o Suzie Lee, 3600 NW Washout Creek Lane, Prineville, OR o Mr. Sullivan had created a roadway along on his property that runs along their driveway (Washout Creek), and commented that there is no legal access. TESIMONY BIPARTISAN Holly Van Wert, Crook County / City of Prineville Chamber of Commerce, 785 NW 3 rd Street, Prineville, OR o She commented that she was attending this public hearing to get educated on the process, and is pro-business. o Couldn t support of a project that was not safe o Agi-Tourism is huge, and has a life of its own. Especially within Jefferson & Crook Counties. The weather is not as conducive in Deschutes County. o It would be great to see everyone work together to make Agri-Tourism work. o Doesn t live on this road, but does understand the dust issue. o Doesn t want it to interfere with the neighborhood o Felt if the road were paved, there would be more traffic o Confident that this commercial operation would work. o Has faith in County Staff COMMISSION / STAFF COMMENTS: Are there other examples of Agri-Tourism businesses within Crook County? o Prineville Lavender Approved by the Planning Commission Page 5

6 o River Canyon Company Paving Sharp Road o Would have to measure on the cost and impact this site is not consistent for this single facility. The cheese processing facility has been reviewed by ODA APPLICANT - REBUTTAL TESTIMONY None The Public Hearing was closed for public testimony at 8:02 p.m. COMMISSION / STAFF COMMENTS: The Planning Commission must decide if the operation is compliant as a Agricultural Exempt or Commercial Use. The application was for a commercial use; and has some compliance issues. It appears that ODA had worked closely with the county and applicant for the Agricultural Exemp building. It is a USDA Licenced facility. Issue allowing the public tours Need a current site plan of the property Agricultural Exempt building is attached to the residence: requires building improvements. ORS 215 precludes the use from being denied, but can implement conditions to the use. Roadway cost and impact paving not consistent for this single facility. The cheese processing facility has been reviewed by ODA. It was noted that the speed on any road within Oregon is determined by the State of Oregon. The County Road Department can request for a study to review the speed on a roadway. If ODA has approved, would it be appropriate for the county to receive a certficiate of compliance, but didn t want the county in food compliance process. The subject property has the following: o GRADE A DAIRY o GRADE A CHEESE FARM The Crook County Building Official has worked with John at ODA on other commercial operations within the county. Lou explained the process for commercial use requirements. The first step for the commission is to determine if the use is an Agricultural Exempt or a Commerical use. Cher Sullivan commented that she wished to discontinue all tours, but would appreciate if she could grant all the current tour reservations through October. o It s too much work, and is tired of giving the tours o Commented on the ODA status Bill Gowen commented that two weeks ago you liked to hold the tours. Cheri Sullivan commented that she s tired, and the road issues would still remain; speeding. No commercial status and No more school tours. Lou Haehnlen commented that on a commercial operation, when the public gets involved, there are Life/Safety issues. If there are no tours, wouldn t need to deal with Approved by the Planning Commission Page 6

7 Life/Safety issues, as long as they meet the code. The applicant would still have to deal with building code issues. There was discussion regarding having tours vs. not having tours, or extending the tours. Phil Stenbeck commented that the commission would need to deal with the Land Use: ORS 215 for processing (Cheese Factory). Discussion about exemption with a possible time frame. Bill Zelenka commented that this application is a compliance issue. The compliance must be dealt with, but not punished. But there must be time period s for completion. There was discussion about tabling the application so that the facts could be reviewed by Legal Counsel, and the amount of time needed for this review for a full legal analysis. MOTION: John Sundell made a motion to continue this public hearing to November 13, The motion was seconded by Gary Bedortha. Aye votes: 7 / Nay votes: 0. The motion passed by a unanimous vote. HEARING #3 Dave Molony / Application #MS : The applicant is requesting a change to the road standard for Conifer Heights Phase 2 County File # C-LS(M) The Road Standard is for development of a private road on a portion of Mountain Road and Quail Canyon Road in the RRM5 zone. The proposal would provide access to Conifer Heights Phase 2. A Modification is allowed under Crook County Code ; Administrative Provisions, and Crook County Code Design Standards. The property is identified on the Assessor s Tax Map as C Phil Stenbeck gave a summary of the road approval process and history of the subdivision development and partitioning. Phil suggested some conditions of approval Exhibits A (Crook County Fire and Rescue) and B (Carlson s Testing) were submitted by the applicant, and presented as part of the record. Condition #2 (Lot 78 & 79) are owned by the applicant, and would be utilized for drainage. Condition #3 (1200C DEQ Permit) This type of permit is not required for this permit TESTIMONY BY APPLICANT / OWNER / AGENT Dave Molony, 1436 NW Madras Highway, Prineville, OR o He felt that Phil Stenbeck had covered everything regarding the roadways in Juniper Heights and Highlands. o Mountian Road couldn t be widen any more o Quail Canyon Road was feet wide o Mountain Road is ready to be paved o Submitted pictures of the roadways o Lisa Klemp PC, 465 NW Elm Ave, #101, Redmond, OR o Lots 78 & 79 would be used for a drainage easement; possibly getting them accepted as public property. The dedication process would be handled through County Court, not the Planning Commission. Would request in the near future. Approved by the Planning Commission Page 7

8 TESTIMONY IN FAVOR None TESTIMONY IN OPPOSITION None TESTIMONY BIPARTISAN None The Public Hearing was closed at 8:45 p.m. COMMISSION COMMENTS: Lots 78 & 79 might be dedicated to the public o This is an issue that would not be handled by the Planning Commission. The applicant would be required to before the Crook County Court with this type of request. o Phil Stenbeck commented that he had spoken with County Counsel, and that the he didn t feel it would benefit the county to dedicate these lots to the public. This is something that is not decided by the Planning Commission.. MOTION: Gary Bedortha made a motion to accept application #MS as stated with conditions as outlined within the staff report; excepting Conditions 1 and 3 because they ve have been met. The motion was seconded by Jerry Crafton. Aye votes: 7 / Nay votes: 0 - The motion passed by a unaminous vote. Chairperson Bill Gowen adjourned the meeting at 8:50 p.m. Respectfully submitted, Debbie Kowalski, Permit Tech Approved by the Planning Commission Page 8