September 19, 2007

1:30 p.m.

Commissioners' Conference Room

APPROVED 8/26/2009


Commissioner Faye Stewart presided with Commissioners Bill Fleenor, Bobby Green, and Peter Sorenson present  Bill Dwyer was present via telephone.  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 No10-07/In the Matter of Amending Lane Code Chapters 10 and 16 to Add and Revise definitions to be Consistent With State wide Planning Goals 16, 17, and 18, and Oregon Administrative Rules 660-017 and 660-037 (LC 10.020 and 16.090).


Keir Miller, Land Management, explained that this Public Hearing concerns the proposed adoption of Ordinance No.10-07.  He said the Board is being asked to adopt several amendments to the definition section of Lane Code 16.090 and 10.020.  He indicated that the purpose of the amendments is to update their definitions as they relate to estuaries, coastal shorelands, beaches and dune areas so their definitions match those by state agencies and other local jurisdictions.  He said the changes being made are the requirement of their periodic review work program and if adopted, will bring the definitions that relate to Planning Goal 16, 17 and 18 into compliance with state law.  He noted the amendments were reviewed at the Planning Commission in January and in deliberations on March 6.  He added that the Planning Commission unanimously forwarded a recommendation to the Board to adopt the proposed amendments and staff is in agreement with the Planning Commissionís recommendations


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


MOTION: to adopt Ordinance No. 10-07.


Sorenson MOVED, Fleenor SECONDED.




b. SECOND READING AND PUBLIC HEARING Ordinance No. PA 1243/In the Matter of Adopting Conformity Determination Amendments to the Rural Comprehensive Plan (RCP) Pursuant to RCP General Plan Policies Ė Goal 2, Policy 24 a. iv., to Correct Scrivener Errors on the Official Plan and Zoning Maps Ė Plot No. 621, and Adopting Savings and Severability Clauses (Lane County LMD). (NBA & PM 8/29/07).


Miller explained that the Board of Commissioners is being asked to adopt Ordinance No. PA 1243 to correct several scrivener errors on the Official Plan and Zone map that are applicable to three properties in the rural community of Blue River.  He noted that Goal 2, policy 27 of the Rural Comp Plan sets forth a conformity determination amendment process.  He said it enables the County to undertake correct of scrivener errors.  He added the process provided for eight circumstances under which the Board could complete an amendment.  He noted that currently there are two properties in the community of Blue River with known errors on their plan maps that occurred in 2002 when there were countywide zone changes occurring as a result of periodic review work.  He added a third property was miszoned and a plan map was designated incorrectly in 1984 when zoning was applied countywide.  He noted that all three property owners are aware of the errors on the maps and they are in support of the Countyís effort to correct them. 


Miller reported that the Planning Commission held a public hearing on June 19 and forwarded a unanimous vote of 6-0 to the Board to correct the errors on the Plan and Zone map.  He stated that staff is in agreement with the Planning Commission.


Commissioner Stewart opened the Public Hearing.


Jim Mann, Eugene, represented Chris and Julie LaVoie.  He said they own the former Blue River Ranger Station property.  He indicated it is one of the properties where the plan zoning is being corrected.  He said they purchased the property in September 2006 and prior to purchasing the property, they did a due diligence check.  He indicated it was then when they discovered the planning designation of the property and the zoning were not consistent.  He said they brought it to the attention of the Land Management Division and they followed through to make them consistent.  He wanted to go on record in support of the plan amendment so the Board will know the Rural Residential Zoning and Rural Residential designation of the property will not facilitate the use of the property.  He noted that this is the former U.S. Forest District Forest Ranger Station with a 10,000 square foot office building and a 4,500 square foot conference room maintenance area with a fueling building.  He added there are other dwellings on the property.  He said in order to change the zoning and amend the plan to designation and zoning that will facilitate it, he said they would need to do it by a separate application and that is now pending in Land Management Division.  He added that this property is close to Blue River Drive from the Blue River Track and Field property and they also have a plan amendment zone change application waiting to be processed.  He noted that both of the applications are important for the vitality and economy of the Blue River area.  He said there are no time limits to process the plan amendment zone change applications.  He wanted to go on record to state they hope Lane County can begin the process of processing these applications.  He said they went to the Planning Commission and it was the Planning Commissionís opinion that a conformity determination would be needed to correct the plan zone inconsistency.  He said they need to come with a plan amendment zone change application which they have done.


Dwyer said Mann discussed something that required ex parte.  He didnít have any problem with conforming to the standards.


Mann stated that he had no other way of making it clear to the Board of Commissioners that Rural Residential zoning will not facilitate the use of the property.


Dwyer resented using one item that is before them, tying it to another issue.  He wanted to take one step at a time.


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


MOTION: to adopt Ordinance No. PA 1243.


Green MOVED, Sorenson SECONDED.


ROLL CALL VOTE: 4-1 (Dwyer dissenting).


Dwyer commented that he was going to vote yes until Mann mixed this item.


c. SECOND READING AND PUBLIC HEARING Ordinance No. PA 1242/In the Matter of Adopting Amendments to the Siuslaw River Dredged Material Disposal Plan (DMDP) to Add DMDP Site 10 and Delete DMDP Sites 15 and 16; Adopting an Addendum to DMDP Site Maps; and Adopting Savings and Severability Clauses (NBA & PM 8/29/07).


Miller indicated that this ordinance seeks to amend the Siuslaw River Dredged Material Disposal Plan.  He said the Siuslaw River Dredged Material Disposal Plan (DMDP) was developed in 1978 pursuant to statewide Estuarine Resources Planning Goal 16.  He said the planís purpose is to ensure that an adequate number of sites are available along the Siuslaw River to receive river bottom sediment removed through the dredging process.  He added that dredging occurs periodically to enable both commercial and recreational boats to navigate the Siuslaw and into the ocean.  He indicated that the purpose of the ordinance is to make three amendments of the plan.  He noted the first amendment would add a new site to the dredging inventory, known as Site 10, 3.3 acres in size, located southeast of the Siuslaw Pacific Marina east of Rhododendron Drive.  He indicated that the site was originally included in 1978 but in 1979 it was deleted by the County.  He added in 1999 the site was purchased along with 38 acres by the Port of Siuslaw and in April of this year they requested the city of Florence and Lane County ask that the site be put back onto the inventory in its configuration as it was in 1978.


Miller explained that the second amendment would delete to currently existing dredged sites:  Site 15 and Site 16.  He noted that Site 15 is currently developed with the city of Florenceís treatment facility and Site 16 is developed with six multi-family houses.  He noted that both sites have been deemed to be sufficiently developed and they are no longer viable to have drudged materials.


Miller indicated that the third amendment involves an adoption of an addendum to clarify the locations of the sites.  He said there are two documents that show where the drudged sites are located.  He added the official document is the 1978 plan itself that has series of old black and white photos.  He noted in 1984 when zoning was applied countywide, some coastal zone maps were adopted and there was an effort to transfer the drudged sites onto the official zone map and that process created some errors. He said they wanted to clarify the old air photos in conjunction with new photos and that has been included as an addendum.  He said staff asked that the Board provide direction on whether or not to pursue a grant to re-write the 1978 plan.  He said the plan is outdated and there are a number of sites that are now identified in wetlands or the floodplains.  He added there has been some scientific analysis showing the prioritization of the coastal estuaries and this is an effort to rewrite a plan to identify which estuaries are high priority and should be removed from the inventory. 


Miller asked for direction for Site 10, and the removal of Site 15 and Site 16 and the addendum.  He said the Planning Commission heard the item at a Public Hearing on June 5 and in deliberations on June 19.  He said they forwarded a recommendation to the Board to adopt all the amendments and a recommendation to direct staff to pursue the grant.


Commissioner Stewart opened the Public Hearing.


Sande Tomlinson, Eugene, said he is President of the New Manor Homeowner Association.  He said this property is adjacent to the Siuslaw Pacific Marina and the Siuslaw Pacific Marina no longer exists.  He said it is comprised of Marine Manor Subdivision, a townhouse subdivision of 18 lots.  He indicated that all lots except four are developed.  He added that lots 11 to 18 are adjacent to Rhododendron that is adjacent to dumpsite 10. He said the upper lots are experiencing sloughing from underground water runoff.  He indicated they have two or three lots that are in serious jeopardy.   He said they have engineers to come up with some sort of remedy that would cost be between $700,000 to $1 million.  He added that the engineers are adamant that any addition of sand and water would exacerbate the problem.  He said they are against the adoption.


Jeff Christian, Walterville, said he is a homeowner who lives on lot 14.  He said he had already had to put one helical pier under his house and as soon as they get the rest of the building permits, he has to put in four more.  He added that his front room has dropped  1 ĺ inches and his house is three years old.  He said it was from the sand leaching out from underneath the house because of the water.  He didnít want to see any additional lots added.


Jake Charland, DLCD, spoke to the addendum and expressed support for a comprehensive look of dredging the Siuslaw.  He said they would look favorably on an application to look for some funding to assist with the project.


Dwyer asked if they could bifurcate the ordinance.  He thought the idea of a grant to study this was good.  He thought passing the ordinance to allow them to site something that might further impact residences who have demonstrated they had some problems is bad.  He wanted to study the best place to put this before they pass an ordinance.  He asked if they could apply for the grant and take Site 10 out of the equation and to go to sites where they donít have the kind of liability that exists in authorizing this site.  He didnít want to mix them.


Stewart said they could adopt the ordinance or not adopt it for issues one, two and three.


Dwyer asked if they could amend the ordinance and take Site 10 out to become part of the study.


Miller said they could come back with a revised ordinance.


Green asked if the grant they were going to apply for was meant to address the problems that were expressed.


Miller responded that the grant is to study the existing dredge sites and Site 10 could be analyzed in that grant.


Fleenor asked if they could say Site 10 would be added contingent upon studies and reasonable mitigation.


Miller stated that the site is within the city limits of Florence.  He thought the Board could hold off until the city adopted Site 10.


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


Sorenson asked if they could approve all of the ordinance but Site 10.


Andy Clark, Assistant County Counsel, thought they could take Section A out and still sign the ordinance today without having another reading.  He said if they have to make a substantive change to the ordinance then they would have to have another reading.  He said since they included the fact that Site 10 would be added, people have noticed it and came to speak to the issue.  He thought moving ahead would be okay.


Fleenor wanted another reading since the Port of Siuslaw was not present and they didnít know their intentions.  He thought by removing Site 10 they could have a major impact upon their plans.  He wanted to make the modification and to have another reading to allow the stakeholders and other interested parties in Florence to be present at the meeting.


Sorenson asked if there was a timing reason  as to why it had to be adopted today.  He asked if they could accommodate another reading of the ordinance.


Miller responded the only issue is when dredging is going to occur.


Bill Sage, Land Management, explained that this is a co-adoption process and the city of Florence has to adopt it.  He said they brought it to the city of Florence because they were involved in the study and it was a way of bringing it to the Board without charging them an application fee.  He said they could come back and co-adopt it later on.  He stated that there are no immediate concerns about dredging the site.  He added that they havenít applied for any federal or state permits yet and it could be an 18 month process.  He said the Board could adopt the ordinance to represent State Planning Goal 15 and 16 and adopt the addendum and give recommendation and direction to submit the grant and they would have a revised ordinance.


MOTION: to adopt Ordinance No. PA 1242, with the deletion of Sites 15 and 16, adopting the amended plan, remove Site 10 and give direction to staff to fill out the grant application


Dwyer MOVED, Sorenson SECONDED.


Dwyer said this would send a message that some of the residents have some problems with the issue and if they want to adopt it, they could have another reading on Site 10.


Vorhes said if the ordinance is adopted with the removal of Sites 15 and 16, but taking out the addition of Site 10, they wouldnít have to have another reading on this ordinance.


Dwyer wanted to deal with this issue, taking care of the citizens and let the city have their say.

















There being no further business, Commissioner Stewart recessed the meeting into Executive Session at 3:30 p.m.



Melissa Zimmer

Recording Secretary