August 15, 2006

1:30 p.m.

Commissionersí Conference Room

APPROVED 8/30/06


Commissioner Bill Dwyer presided with Commissioners Bobby Green, Sr., Anna Morrison and Faye Stewart present.† Peter Sorenson was present via telephone.† Assistant County Counsel Stephen Vorhes and Recording Secretary Melissa Zimmer were also present.




a. PUBLIC HEARING/Citizen Views about the Termination of Cable Television Service in the Mapleton Area and to Then Communicate Those Public Comments to Charter Communications.


Mike McKenzie-Bahr, Economic Development, explained that this was a public hearing to take comments to give to Charter Communications regarding the request that Charter terminate service in the community of Mapleton.


Chris Houseman, Charter Communications, reported that they had no public comment.† He said they sent out letters to every subscriber in Mapleton and he received no response.


Green asked why they were terminating the service.


Houseman responded that it was due to financial circumstances.† He commented with the amount of subscribers they had, they lose money on operations. He added that it is an older system.


Commissioner Dwyer opened the Public Hearing.† There being no one signed up to speak, he closed the Public Hearing.


McKenzie-Bahr indicated they still have a few days for written comments and he will forward those to the Board and to Charter Communications.


b. PUBLIC HEARING AND ORDER 06-8-15-12/In the Matter of Considering a Ballot Measure 37 Claim and Deciding Whether to Modify, Remove or Not Apply Restrictive Land Use Regulations in Lieu of Providing Just Compensation (PA 05-5162, Gee).


Kent Howe, Land Management, reported that this order was revisiting the Board order adopted June 2005 addressing the Gee Measure 37 claim.† He noted at that time Gee was requesting to match the minimum land division site to the closest neighbor, which was RR2.† He said at that time they were narrowing the orders to specify what the applicant was requesting.† He added as this has evolved, they have changed their orders to waive to the land use regulations that were in effect at the time.† He said this is a request to change the order (rather than limiting it to two acre minimum) to allow the land use regulations that were in effect at the time he acquired the property.


Dwyer asked if the Board had any discretion if Gee wanted to put up one acre lots.


Vorhes indicated there was no zoning in place, but there were division regulations that established what needed to be done.† He didnít know the process at the time and how it would get to the Board.† He noted there were limitations on how small they could make the lots.† He added the subdivision regulations in place at the time authorized lots one acre in size.† He noted the regulations required a minimum of 8,000 square feet for new lots on individual septic and 6,000 for new lots on a community septic.† He said there were some limitations but didnít think whether there was discretion on the Boardís part.


Sorenson asked if the Board had authority to make changes on Measure 37 modifications.


Vorhes responded that the Board has authority, but the modifications of the action still have to be consistent with Measure 37.


Commissioner Dwyer opened the Public Hearing.


Tony Chapman, Creswell, had concerns about his well water and traffic.


Gary Tharp, Creswell, stated he is on the east side of Highway 99 from the property in question. He noted that initially he didnít have an objection to the modification until the 8,000 square foot lot was brought in.† He didnít want to see a trailer park.† He added the property is low lying and thought it should be classified as a wetland.


Mike Rolfe, Creswell, stated he lives south of the proposed site.† His concerns were sanitation, water and how it is to be addressed.† He was concerned about crime with the influx of population.


Martha Gaines, Creswell, had the same concerns as the previous speakers.† She was concerned about the change and how the land would look.† She asked the Board to consider the vision of the community members of the area.† She commented that the Gee claim is a threat to the immediate neighborhood, as well as to the people of Creswell.


Charlene Smith, Creswell, stated her husband wrote a letter stating his concerns.† She was also concerned about how the water and septic would be taken care of.


Kenny Gee, Creswell, appreciated the staff changing his order.† His concern was how the planning staff would process this.† His original demand was a zone change to that of his neighbor.†† He said that would have moved his property into the current zoned status that could have been processed through the planning department as rural residential property.† He didnít think Lane County has had a subdivision outside of an urban growth boundary within the last twenty years.† He wanted the opportunity to work with the planning staff to develop a plan for the completion of his rural development.† He noted the last mailer that went out quoted his lots at 8,000 square feet, that it was impracticable because it wouldnít fit.† He commented that back then you didnít have to have a replacement drain field but now they do.


MOTION: to approve ORDER 06-8-15-12.


Green MOVED, Stewart SECONDED.


VOTE: 3-2 (Dwyer, Sorenson dissenting).














There being no further business, Commissioner Dwyer adjourned the meeting at 2:10 p.m.



Melissa Zimmer

Recording Secretary