August 23, 2006

1:30 p.m.

Commissionersí Conference Room

APPROVED 9/13/06


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




a. SECOND READING AND PUBLIC HEARING/Ordinance No. PA 1232/In the Matter of Adopting the Coburg Comprehensive Plan Text and Map, and an Updated Zoning Ordinance for Application Outside the Coburg City Limits and Within the Coburg Urban Growth Area and Adopting a Severability Clause (File No. PA 06-5196, Coburg Periodic Review) (NBA & PM 8/2/06).


Stephanie Schulz, Land Management, explained that the City of Coburg had completed updating their city comprehensive plan text and map under their periodic review work program.She noted that two of the work tasks on that program require Lane Countyís co-adoption under the coordinated land use planning IGA with the County and the small cities.


Schulz indicated that Coburg has developed a community vision for the next 50 years through an extensive public involvement process that included citizensí input through a group called the Coburg Crossroads Stakeholders Group.She said they held public workshops and developed the changes to the Comprehensive Plan and land use code and reviewed them.She added another product of the community visioning process was the completion of a buildable lands inventory that determined the needs for housing, employment, parks and public facilities that support the proposed Comp Plan, map and text changes. She reported that the Comp Plan findings and policies were updated and modified to implement the vision in the community.


Schulz stated the urban growth boundary expanded northward to encompass a potential site for a wastewater treatment plant and expanded eastward to encompass developed and committed lands on the east side of the interstate.She added the Comp Plan policy update provides for future options for wastewater treatment for either a stand alone citywide system or for connecting to a region wide facility in the future.Also, the plan acknowledges the need to move from septic systems to a municipal wastewater treatment process in the community.


Schulz indicated that September 20, 2005 was when the city adopted the updates.She noted on March 21, 2006 the Lane County Planning Commission reviewed the document and recommended adoption to the Board of Commissioners.She noted in that time there were some city staffing changes and the electronic version that the Planning Commission reviewed wasnít the final one.She added the city re-reviewed the plan with the corrections and changes, and that was approved by the Lane County Planning Commission and has been forwarded to the Board for consideration.


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


MOTION: to adopt Ordinance No. PA 1232.


Stewart MOVED, Morrison SECONDED.




b. PUBLIC HEARING AND ORDER 06-8-23-6/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 06-5493, Lindahl).


Steve Hopkins, Land Management, explained that this was a straightforward Measure 37 claim.He indicated that it is near High Pass Road west of Junction City.He noted that it is currently zoned E-40, agricultural.He added that it was unzoned until 1980.He said the current owners acquired interest in the property on different dates.He noted there are two tax parcels:900 and 1000.He noted that Geraldine acquired parcel number 900 in 1956, and parcel 1000 in 1976.He added that Rebecca acquired parcel 900 in 1988 and parcel 1000 in 1976.


Hopkins explained that for Geraldine, the waiver goes back to 1956 and 1976 and for Rebecca it will go to 1988 for tax lot 900.He said for the landowner who wants to develop the property, they cannot waive the minimum parcel size for that specific tax parcel.He said they could waive the minimum parcel size for Geraldine for both parcels and for Rebecca for tax parcel 1000.He noted that the order reflects that.


Commissioner Dwyer opened the Public Hearing.


Norm Waterbury, Eugene, indicated he had ten letters of support from the neighbors.He believed the claim should be granted.He commented that the best use for the land is rural residential and the neighbors are committed to the use.He said this was a family situation. He thought this tied the daughter as part owner of the property.He said ownership was described as any interest thereof.He said under the circumstances, the mother has an 80 percent interest and Rebecca has a small interest in the property.He commented that under Measure 37, the connection is between daughter and mother and it put the claim back to the early Ď50s when they bought the property.


Gerry Ottosen, Junction City, said she wanted to live on the hill and wanted room to build a house.She said in the past there was a shortage of water but they had a new well drilled and there is enough water for another house.She commented that it would make the property more valuable.


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


Morrison asked about the family situation.


Vorhes explained that the way the measure has been written, a family member issue comes into the picture for purposes of compensation by virtue of the definition of land use regulations that restrict the use and regulations that were enacted after family members acquired ownership. He said the interest of the property of the current owner and the waiver is to allow the use of the property as that owner could have used it when they acquired an interest in the property.He indicated there was a distinction between the earlier dates of family member ownership.He added as to the earliest family member that still holds interest, the waiver goes back to the acquisition of that family member, but when there is a later acquisition date for another family member, a waiver to that family member could only go back to the date that that family member acquired the property.He noted there had been litigation on the issue where that interpretation was upheld.


Dwyer indicated what was recommended was that they waive the minimum lot size of 40 acres and requirement for a special use permit for a new dwelling for Geraldine on tax lot 900 and 1000.He added that the County Administrator recommended that the Board waive restrictive land use regulations enacted since March 24, 1988 for Rebecca for tax lot 900.


MOTION:to approve ORDER 06-8-23-6.


Morrison MOVED, Stewart SECONDED.


VOTE: 5-0.


c. PUBLIC HEARING AND ORDER 06-8-23-7/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 05-6100, Bedortha).


Hopkins recalled that this claim was heard earlier this year in January and February.He said the Board approved the waiver on those dates for Tax Lot 200 and they requested more information on Tax Lot 2300.He indicated the information had come in and it appears that this is a valid claim for Tax Lot 2300. He noted that they needed a link between the original landowner and some of the subsequent owners who acquired the property on contract.He said they now have the link and everything appears to be valid.


Commissioner Dwyer opened the Public Hearing.


Vorhes explained the order the Board has in the packet is in the Matter of Amending ORDER 06-2-15-2 that is the earlier order, to include property omitted from a Ballot Measure 37 claim decision to not apply restrictive land use regulations in lieu of providing just compensation.He said the order states that the previous order is amended now to include this tax lot in it.


Norm Waterbury, Eugene, stated that he concurred with staff.


MOTION: to approve ORDER 06-8-23-7.


Green MOVED, Stewart SECONDED.


VOTE: 5-0.


d. PUBLIC HEARING AND ORDER 06-8-23-8/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 06-5683, Klemp).


Hopkins explained that the current landowners acquired the property in 1973 and it was zoned AGT, with the minimum lot size of one acre.He said currently it is zoned EFU with a minimum property size of 40 acres.He indicated that they wished to divide the property into lots containing less than 40 acres and plan a dwelling on each lot.With regard to reduction in fair market value, Hopkins said they have submitted an appraisal that alleges that there is a reduction in value of $2.3 million.He indicated that the Board would need to decide if that was reasonable.He said if the Board does, then it appears that it is a valid claim.


Stewart stated that this matter came up before the Metro Wastewater Board and there were discussions.He noted that this piece of property is surrounded on three sides by a biocycles farm.He said there is concern that a development may have a negative effect on the biocycle farm.


Commissioner Dwyer opened the Public Hearing.


Susie Smith, Metropolitan Wastewater Management Commission, said they were neutral and didnít have issues of value or specific impact.She brought maps of their three-phase biocycle farm.She said the project is being operated with biosolids and reclaimed water application.She wanted to make everyone aware that on the west side of the property is the 600-acre biocycle farm where they are permitted from a land use perspective and the DEQ to apply biosolids and reclaimed water.She added to the east of the property is the former seasonal industrial waste site that took the Agripac cannery waste.She indicated that is also a permitted biosolids land application site and it is in farm use to grow grass seeds.She added that also occurs on the portions of the biocycle farm that are not yet planted in poplar trees.She wanted to make people aware that there are odors generated by the operation.She added there are setbacks they will be adhering to:75 feet from the property line is the setback for biosolids application but that is a permitted use.She wanted to make sure that everyone downwind understood that operation was going on.


Dwyer asked how they could address this permitted use that was in the works before Ballot Measure 37 was effective.


Vorhes said it was possible that something already exists in the current zoning. He said there is a risk in adding something new to what is required through a Measure 37 claim waiver.He said he could do the research.


Dwyer thought it would be beneficial to everyone concerned.


Sorenson asked if they should go back to previous Measure 37 claims to put provisions in their deeds that the waiver they were given was not waiving the existing land uses in the areas permitted.He asked why they would make an exception in this case for a public entity and not for any other private neighbors that also had permitted uses.


Morrison wasnít asking for that to be on this Measure 37 claim.She said when they go forward with the development piece in the future, there will be conditions that will be stipulated at that time.She thinks that is where the stipulation should be made.


Dwyer wanted Vorhes to check into a Linn County case that was similar to this and report back on how they handled it and if it would be appropriate for them in future claims.


Van Vactor asked what lot MWMC owned.


Smith responded that they own lot 900.


Stewart asked if it would be appropriate at the time they submit the permits for approval if a condition could be put in that states that there is surrounding property that is MWMC.


Vorhes responded that whatever the current zoning already says might govern that.He said the subdivision review process might have something to speak to it.He said that is the hesitancy he has in adopting this as part of a Measure 37 waiver, a requirement that doesnít exist currently in the zoning regulations that are presented as the restricted regulations giving rise to the reduction in value and the basis for the waiver.He said his advice in the past has been that is a risky consideration, but they hadnít explored it any further than that. He noted the applicant in the Measure 37 claim took exception and sought review at circuit court.He said they could explain or encourage the applicants to address things in that fashion for their sake.


Steve Cornacchia, Eugene, stated he represented the applicant.He said it was his expectation that if this is passed, then what the applicant receives is placement back into the regulations that were in place at the time they purchased their property.He said if those regulations include additional language such as showing they do not have negative impact on surrounding uses, then Lane County could say they would have some kind of limitation.He said to fashion an additional limitation at this date that is not included in the set of regulations places them in a situation where his client might have another Measure 37 claim.


Dwyer thought this was to be done for the future.


Cornacchia said his clientís consideration in how they develop the property in relation to the neighboing use is going to take into account what the neighboring use is.He said they are forced into this for the purpose of a value number of picking a development scenario.He indicated the development scenario they pick is not necessarily the one they are required to follow.He said they also add residential, commercial and industrial use because those uses could have been made back in those years.He thought that in this situation the development could come as industrial lots as opposed to residential.He agreed with the analysis, conclusion and the findings of staff.


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


MOTION: to approve 06-8-23-8.


Green MOVED, Stewart SECONDED.


Stewart wanted to make it clear that when they approve this and they move forward to let them know that this activity takes place, it doesnít cause a hardship around the surrounding property.






Morrison noted with the most recent action by the City of Eugene around Region 2050 that she wanted to have a discussion about a possible final solution.She wanted to know where they are in the process.She suggested giving it to the agenda team.She wanted to know the impacts as they move forward with their interactions with other communities and the comp plans.










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


Melissa Zimmer

Recording Secretary