BOARD OF COMISSIONERSí

REGULAR MEETING

May 31, 2006

1:30 p.m.

Commissionersí Conference Room

 APPROVED 6/21/06

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

 

14.PUBLIC HEARINGS

 

a.PUBLIC HEARING AND ORDER 06-5-31-7/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 05-6038, Allison).

 

Dwyer asked if there were any ex parte contacts.

 

There were none.

 

Kent Howe, Land Management, reported this claim is located about four miles northeast of Creswell, involving two tax lots that are 80 acres in size, zoned EFU 40.He noted the two tax lots were acquired at different times.He indicated that tax lot 800 is approximately 75 acres, acquired in 1971 and at that time it was zoned AGT.He said from the information they obtained on tax lot 1000, it was acquired in 1991 and it was zoned EFU 40, five acres in size.He stated what the applicant desires to do is create multiple lots of from five to twenty-five acres in size, each with a dwelling.He noted the ownership involves a revocable trust and Philip and Carolyn Allison are the trustees and current owners.

 

Howe indicated that tax lot 800 was acquired in 1971 and this appears to be a valid claim.He added that the five-acre portion of the 80-acre property that is tax lot 1000 was acquired in 1991 and zoned EFU 40.He said the demonstration that there has been a reduction in value as a result of current regulations is the same.He said they couldnít find that the five-acre property for tax lot 1000 is a valid claim.

 

Commissioner Dwyer opened the Public Hearing.

 

Sheryl Balthrup, Eugene, represented the Allisons.She said they are seeking action for the two lots to be heard separately.She said there was a mix-up for the documentation on tax lot 1000 and they want to have that reconsidered.She was asking that tax lot 800 be approved.

 

Debra Cantwell, Creswell, stated she was the property owner directly to the south of the subdivision.She was concerned about water, septic and how the property is subdivided.

 

Toni Pisani, Creswell, said her property is above the Allisonsí property.She had the same issues about water and septic as previously commented.She was concerned about the wetlands and the road, as it is a narrow driveway.

 

Greg Heath, Creswell, was concerned about the increase of traffic on the narrow road.He thought some of the driveways going off the road were illegal.He wanted to preserve the road.He wanted to know who would pay for the road improvement and how it would impact his taxes.

 

Don Arken, stated he lived near the property.He shared the same concerns about a subdivision coming into the rural neighborhood and infrastructure costs.

 

David Nikitins, indicated his concerns were the same as others with road, septic systems and groundwater contamination.He was concerned about a large subdivision going into the middle of rural property.

 

Kelly Lovelace, said he owns most of the property in the area and was the only real farmer.He said almost all owners own ten acres.He said the Allisons are doing what they could when they bought their property.

 

Carolyn Allison, urged the Board to approve tax lot 800.She said they complied with all requirements.She said they will address water and access during the development process.She noted that the road in the area is entirely on her property.

 

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

 

Morrison asked if on tax lot 1000 they were going to defer the claim or if another fee would have to be paid.

 

Vorhes said the order in front of the Board only specifies a waiver as to tax lot 800.He said to include in the motion direction that tax lot 1000 be deferred to a later date.

 

MOTION: to approve 06-5-31-7, including placing tax lot 1000 on hold.

 

Stewart MOVED, Morrison SECONDED.

 

Green supported the motion but asked if the clock was still running on tax lot 1000.

 

Vorhes said they take the representation of the claimantsí counsel as an indication that they are not going to go to circuit court and file a compensation claim on tax lot 1000, but they would like them to review additional information to show why and how a waiver as to that property might be appropriate.He said they would bring it back for an additional hearing at that time.He said the risk is there.

 

Stewart amended the motion for tax lot 1000 to come back within 30 days.

 

Morrison SECONDED.

 

VOTE: 5-0.

 

b.PUBLIC HEARING AND ORDER 06-5-31-8/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 06-5002, Bales).

 

Howe explained that this is on the edge of Eugeneís southwest corner of the urban growth boundary.He indicated it is 10 acres in size and currently zoned RR5.He noted the property was acquired by the current owners in 1964 and at that time it was in the airport zone.He said the desire is to divide the property into smaller lots and place more than one dwelling per lot.He said the property is in a revocable trust, with the trustees being David and Delores Bales and they are the current owners.He indicated they provided the appraisals and deeds.He said because the property was acquired in 1964, this was a valid claim.

 

Dwyer asked if there were any ex parte contacts.

 

There were none.

 

Commissioner Dwyer opened the Public Hearing.

 

Steve Cornacchia, Herschner, Hunter, Eugene, stated he represented the applicants.He appreciated the work the staff did on this.

 

Randy Johnson, Eugene, said the property in question was across the street.He was concerned about water problems.

 

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

 

MOTION: to approve ORDER 06-5-31-8.

 

Morrison MOVED, Green SECONDED.

 

VOTE: 5-0.

c.PUBLIC HEARING AND ORDER 06-5-31-9/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 Providing Just Compensation (PA 05-6559, Grant).

 

Howe reported that this property is in Walterville, 30 acres in size, zoned E-40.He noted that it was acquired in 1976 and at that time was unzoned.He said it is currently vacant and the applicant desires to subdivide the 30 acre property in two lots with each having a dwelling.He added this was placed in a trust that is revocable.He noted the trustees are Jack and Beverly Grant and they are the current owners.He stated they supplied the deeds, title report and appraisal, and it appears to be a valid claim.

 

Commissioner Dwyer opened the Public Hearing.

 

Harry Taylor, Veneta, stated he is a land use consultant representing Jack and Beverly Grant.He noted the Grants bought 107 acres in 1976 with the intent to both farm the property and establish a source of income upon their retirement.He said they are only asking of five to thirty acres of property which they found unsuitable for farming and the remainder of the property would remain exclusive farm use.He said they bought the property a year and a half before the zoning went into effect that was exclusive farm use.He noted the order and the staff calls for the site to be but it is E 30 zone per the plat and it needs to be amended.

 

Sandy Risden, Waterville, stated she lives across the highway from the property and it is being farmed for sugar beets and it is zoned primarily agriculture.She was worried about putting houses there as the traffic is bad.She was also worried about emergency vehicle access and developing the agricultural area for houses.She added that the people in the area were not notified of the hearing.

 

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

 

Stewart asked if there was adequate notice given.

 

Van Vactor responded that they provide a courtesy notice.He indicated that notice is not required by Ballot Measure 37.He added the notices on development are required.

 

MOTION: to approve ORDER 06-5-31-9.

 

Green MOVED, Stewart SECONDED.

 

VOTE: 5-0.

 

d.PUBLIC HEARING AND ORDER 06-5-31-10/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 05-6639, Moffett).

 

Howe noted that this property is located four miles northwest of Cheshire, 10 acres in size, zoned E-40.He added the property was acquired in 1968 and at that time was unzoned.He said the applicantís desire is to place a dwelling on the property.He indicated they provided the deed, appraisal and title report.

 

Commissioner Dwyer opened the Public Hearing.

 

Jamie Moffett, Eugene, stated he is 63 years old and his family had lived on Ferguson Road for three generations.He bought the 10.08 acre parcel on June 17, 1968 to build a home for him and his family.He said in 1997 they contracted with a Christmas tree farmer to plant enough trees to meet the criteria of the $20,000 income requirement at that time.He said when they completed the Christmas tree planning, the rules changed and the income is now $80,000 per year of income and he is unable to build on their property.His only goal is to build a home.He said the passage of Measure 37 had given him hope that he will be able to build his home.He asked the Board to approve his application.

 

Judy Moffett, Eugene, stated she had been married to Jamie Moffett since 1989.She said they were always planning to build their retirement home.

 

Jeremy Moffett, Eugene, supported his father in trying to build a single dwelling on ten acres.He said his father was frustrated on not being able to build a home on his land.

 

Jill Case, Eugene, stated she was another family member.She said the Moffetts take care of the land and are good environmentalists.She hoped the Board would let them build their house.

 

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

 

MOTION: to approve ORDER 06-5-31-10.

 

Morrison MOVED, Stewart SECONDED.

 

VOTE: 5-0.

 

15.COMMISSIONERS' ANNOUNCEMENTS

 

Green announced that there would be a Lane County Working for You Fair at Valley River Center and employees from the County will be present to give out information.

 

16.CORRESPONDENCE TO THE BOARD

 

None.

 

17.OTHER BUSINESS

 

Report Back/Boundary Commission

 

Vorhes distributed copies of the ORS that was pertinent to the petitions that were filed.He also had copies of the letters that were issued by Paula Taylor, Boundary Commission annexing specific properties as the initiation of property owners and roads right of way.He noted that as the statute indicates, 199.505(1) set out the way for written objections.He stated 199.505 (1)(a) states when it is a minor boundary change, written objections to the change must be signed by not less than ten percent or 100, whichever number is lesser of the electors in the affected territory.He noted that those are filed with the Boundary Commission and the Boundary Commission is charged (under the statute) with the task of the analysis and making a determination and if there are sufficient electors under subsection 2, and the Boundary Commission certifies that fact to the Board of County Commissioners, it is at that point that the Board would step in and take a role under the statute.He noted there was not a certification from the Boundary Commission that sufficient objectors have filed objections under this statute in order to trigger a certification by the Boundary Commission.

 

Vorhes explained that until the Boundary Commission certifies to the Board, their role in calling an election doesnít come to light under this statute.He said the Boundary Commission is charged with determination.He said as he understood the Boundary Commissionís analysis, there are no electors in the roadways and ownership of the roadways is public and there are no electors residing in the roadways and they are not considering anyone other than actual residents of the area affected, included in the petition and actually annexed.He didnít think there was enough evidence for the Board to call for an election.

 

Dwyer wanted Vorhes to do more research and to give his options in writing.

 

Vorhes asked what type of options.

 

Dwyer wanted the policies of the Board.

 

Vorhes commented that it was a bigger issue in whether to keep those roads or not.He encouraged the Board to speak with Public Works on this issue.

 

Green said they should know their road policy as it relates to the City of Eugene to take the roads when they are annexed for fire and life health safety issues for emergency vehicles.He wanted to know what the perceived role of the Board is and to put it in proper context with the statute.He didnít believe people who spoke in public comment would believe that the Board of Commissioners addressed their concerns.He didnít want to reopen the history of this but he wanted it to be clearly stated that if the Boundary Commission has asserted there isnít enough on the claim, then the evidence needs to be consistent.He said then there should be evidence to the contrary.He said they need to have a credible defense.

 

Dwyer stated that the commission under the statute is the Boundary Commission and not the Board of Commissioners.

 

Green noted that annexation is triggered by the property owner.

 

Vorhes said as he reads the law, thereís nothing in the letters that tells him (with the way the law is currently drafted), that they are off base.He said the pitch that the Board of Commissioners has an independent authority under this statute to call an election is not correct.He said the certification of the appropriate numbers of electors in the affected territory is not affected persons, but affected territory.He added it is the Boundary Commissionís call and unless and until the Board of Commissioners gets a certification from the Boundary Commission, the Board of Commissionersí role under the statute does not begin.

 

Green stated he wanted that in writing.

 

There being no further business, Commissioner Dwyer adjourned the meeting at 2:20 p.m.

 

 

Melissa Zimmer

Recording Secretary