BOARD OF COMMISSIONERS'
Commissioners' Conference Room
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
Commissioner Stewart opened the Public Hearing.
There being no one signed up to speak, he closed the Public Hearing.
MOTION: to adopt Ordinance
Sorenson MOVED, Fleenor SECONDED.
ROLL CALL VOTE: 5-0.
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
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 commented that he was going to vote yes until Mann mixed this
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
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.
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.
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.
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.
Stewart opened the Public Hearing.
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.
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.
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
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.
said they could adopt the ordinance or not adopt it for issues one, two and
asked if they could amend the ordinance and take Site 10 out to become part of
said they could come back with a revised ordinance.
asked if the grant they were going to apply for was meant to address the
problems that were expressed.
responded that the grant is to study the existing dredge sites and Site 10 could
be analyzed in that grant.
asked if they could say Site 10 would be added contingent upon studies and
stated that the site is within the city limits of Florence. He thought the Board could hold off until the city adopted
being no one else signed up to speak, Commissioner Stewart closed the Public
asked if they could approve all of the ordinance but Site 10.
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.
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
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.
responded the only issue is when dredging is going to occur.
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.
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
MOVED, Sorenson SECONDED.
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
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
wanted to deal with this issue, taking care of the citizens and let the city
have their say.
TO THE BOARD
There being no further business, Commissioner Stewart recessed the
meeting into Executive Session at 3:30 p.m.