BOARD OF COMMISSIONERS'

REGULAR MEETING

May 24, 2006

1:30 p.m.

Commissioners' Conference Room

APPROVED 2/7/2007

 

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

 

15. PUBLIC HEARINGS

 

a. PUBLIC HEARING AND ORDER 06-5-24-6/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 05-6658, Sutley 1302).

 

Dwyer asked if there were any ex parte contacts.

 

There were none.

 

Kent Howe, Land Management, explained the Sutley claims are located near the southwest corner of Eugene’s urban growth boundary.  He said this is a 35 acre property acquired in 1979, zoned AGT.  He indicated it is currently zoned Exclusive Farm Use E  40.  He said they paid their fees and provided an appraisal by a certified appraiser.  He said that Gary and Sharon Sutley want to place a dwelling on the property and that would have been allowed in 1979 when it was zoned AGT.  He said it seems to be a valid claim.

 

Commissioner Dwyer opened the Public  Hearing.

 

Gary Sutley, Dexter, stated that in 1979 his family spent about $60,000 to meet County and state requirements of having to build a road, proof of water and power, and (at that time mandated by the state) to do soil piping on the property.  He said in one more year this property will be in the family for 70 years.  He wanted the Board to put the property back to AGT for highest and best use.  He requested the word “not” be taken out of the ordinance on page 2.  He wanted flexibility in the future to continue passing the property down to the heirs.  He said they would deal with the state issues in the future if the Board grants his request.  He wanted to put one house on five acres.

 

Howe indicated it was zoned AGT in 1979 when the Sutleys acquired the property.  He noted on that date that zone allowed a single family dwelling per lot.   He didn’t know if it was AGT 5 at that time.  With regard to rezoning the property, he noted that wasn’t something they would do.  He said the property will remain in the exclusive farm use zone, waiving the restrictions that would allow Sutley to place a dwelling on his property.

 

Vorhes explained that the waiver authority under Measure 37 is through the current owner and the regulations that were in place at the time the owner acquired the property. He indicated the order was written in a way that describes the waiver.  He said it focuses on the dwelling restriction of the EFU zone as that was what was described in the application.  He said if a division was a concern, they could add it into the waiver of the division restrictions of the current EFU zone.  He added the order states these restrictions are waived so the current owner can develop the property in a manner that could have been developed at the time they acquired the property.  He said if the order was to include the waiver of the division restrictions in the EFU zone, those would not be restrictions that would be in place if an application was made to divide the property.  He said they would go back to the zone that was in place at the time of acquisition and what it would have allowed at that time that could give rise to another Measure 37 claim.

 

Sutley stated he had no issue with what was being proposed.  

 

Vorhes said the second ordered paragraph explained that any of the non-waived land use regulations turn out to be restrictive regulations that have the effect of reducing value that could happen with the division.  He indicated the county administrator could delegate authority to defer to effectuate this order and determine that those regulations shouldn’t apply.  He said they could leave the order the way it is or they could mention a division in the order.

 

(Green joined the meeting via telephone),

 

Dwyer wanted to leave it the way it is.

 

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

 

MOTION: to approve ORDER 06-5-24-6.

 

Morrison MOVED, Stewart SECONDED.

 

VOTE: 4-0.  (Green did not vote as he was not part of the public hearing).

 

b. PUBLIC HEARING AND ORDER 06-5-24-7/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 05-6658, Sutley 1402).

 

Howe explained that this was the same general location southwest of the urban growth boundary.  He indicated the property was acquired in 1972 and at that time it was zoned AGT. He noted the current zoning is Exclusive Farm Use E 40.  He said they paid their fees and have their appraisal by a certified real estate appraiser and Gary and Sharon and Sutley want to place a dwelling that would have been allowed under the 1972 AGT zone when they acquired the property.

 

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

 

MOTION: to approve ORDER 06-5-24-7.

 

Morrison MOVED, Stewart SECONDED.

 

VOTE: 5-0.

 

c. PUBLIC HEARING AND ORDER 06-5-24-8/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 05-6397, Cully Properties LLC).

 

Howe reported what the Board received was a claim from the applicant, Anthony Chapman, requesting that the claim be  put on hold at this time.   He said the Board could conduct the public hearing.  He said this is property located five miles south of Creswell. He said it was acquired by the family in 1974 but placed into an LLC in 1999.  He said they paid the fee, provided the deeds and paid for an appraisal.  He said the LLC desires to divide the 32 acre property into five acre parcels, each with a dwelling.   He indicated it is currently zoned exclusive farm use, E 30.  He noted the divisions and the farm dwellings wouldn’t be allowed under the current zoning.  He noted that they all would have been in effect in 1999 when the LLC was formed and there wouldn’t be a basis for being a valid claim.  He said the applicant needs to demonstrate that a member of the Cully family has an interest in the LLC.  

 

Vorhes explained the way the Measure 37 language defines family member describes a legal entity that is owned or has membership that could be traced to the family.  He said they need to find out if they have an ownership interest in that legal entity.  He said the Board would be faced with the limitation on the ability to waive to the current owner’s acquisition date.

 

Preston Nidem, Creswell, stated he owns the property across the street and he was against this.  He said they want to split the property.  He commented that most of the ground is a swamp.

 

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

 

Vorhes indicated if this is put on hold and taken up again, they would hold another public hearing and re-notice it.

 

MOTION: to put this on hold for 30 days until information is provided. 

 

Stewart MOVED,  Morrison SECONDED.

 

VOTE: 5-0.

 

d. PUBLIC HEARING AND ORDER 06-5-24-9/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 05-089, Bigham).

 

Howe reported this property is 65 acres located on Tollman Road off of Camas Swale, five miles west of Creswell.  He stated it was acquired in 1975 and at that time was zoned AGT and was allowed a one acre minimum parcel size. He noted it is currently zoned F2.  He said they paid their fees and provided the deeds and the market analysis from a real estate broker.  He said they want to divide the property into multiple lots and place dwellings on each.

 

Dwyer asked if there were any ex parte contacts.

 

There were none.

 

Commissioner Dwyer opened the Public Hearing.

 

Vance Bigham, Creswell, stated this was his application and it spoke for itself.

 

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

 

MOTION: to approve ORDER 06-5-24-9.

 

Morrison MOVED, Stewart SECONDED.

 

VOTE: 5-0.

 

16. COMMISSIONERS' ANNOUNCEMENTS

 

Green announced that he was in Pendleton attending the AOC Spring Conference.

 

17. CORRESPONDENCE TO THE BOARD

 

None.

 

18. OTHER BUSINESS

 

None.

 

There being no further business, Commissioner Dwyer adjourned the meeting at 2:40 p.m.

 

 

Melissa Zimmer

Recording Secretary