December 17, 2008

1:30 p.m.

Commissioners' Conference Room

APPROVED 1/7/2009


Commissioner Faye Stewart presided with Commissioners Bill Dwyer, Bobby Green, Sr., and Peter Sorenson present.  Bill Fleenor was present via video conference.  County Counsel Jeff Spartz, County Counsel Liane Richardson and Recording Secretary Melissa Zimmer were also present.




a. SECOND READING AND PUBLIC HEARING Ordinance No. PA 1254/In the Matter of Amending the Rural Comprehensive Plan to Redesignate Land From "Commercial" to "Residential" and Rezoning that Land from "RC/RCP, Rural Commercial" to " RR-5/RCP, Rural Residential”; and Adopting Savings and Severability Clauses (File PA 07-5485: Oregon Land LLC (NBA & PM 12/03/08).


Rafael Sebba, Land Management, distributed a late submittal.  (Copy in file).


Stewart asked the Board if there were any ex parte contacts.


There were none.


Sebba explained that the proposal is a minor Rural Comprehensive Plan amendment and zone change for five lots located approximately five miles north of Florence on the east side of Highway 101.  He noted that the property is owned by Oregon Land LLC and the applicant is represented by Mike Evans, a planning consultant.


Sebba indicated that the five lots range in size from one-half acre to 1.4 acres and total five acres.  He said the subject property was originally part of a larger parcel and contained a house, a duplex, a mobile home and a general store.  He indicated the original parcel was zoned for commercial use based on the general store that existed at the time.  He recalled on February 6, 2006, the Kamrin Court subdivision was filed creating eight lots from the original parcel.  He noted that the subject property consisted of the five eastern lots of the Kamrin Court subdivision, one of which contains the mobile home.  He added that the other four lots are vacant.  He said the applicant proposes to amend the Rural Comprehensive Plan to re-designate the subject property from Commercial to Residential and to change the zoning from Rural Commercial to Rural Residential.  He stated that the applicant intends to develop the four vacant lots with dwellings.


Sebba recalled that the Lane County Planning Commission held a public hearing on July 15, 2008 and deliberated the proposal on August 5, 2008.  He indicated that the Planning Commission forwarded a recommendation to the Board for approval by a 5-1 vote.  He added that no parties objected to the request.


Sebba noted that Lane County Transportation Planning and DLCD provided comment on the proposal.  He said Transportation Planning found a traffic impact analysis was unnecessary because the trips generated from full build-out are below the threshold that would normally trigger a need for a traffic impact analysis.  He added that  DLCD comments deal with OAR 660-04-018.  He said those comments triggered the revisions to the findings that were distributed earlier.  He stated that DLCD called out the need for findings that addressed rural uses, density, public facilities and services and compatibility with nearby resource lands.  He indicated that in the revised findings, the applicant added a three point conclusion statement at the bottom of page 15 that addressed DLCD’s concerns.


Sebba stated that the application and proposal meets the criteria for a minor Rural Comprehensive Plan Amendment and zone change and does not raise conflicts with state and local goals. He said staff recommends approval of the proposed plan amendment zone change with the revised findings.


Commissioner Stewart opened the Public Hearing.


Mike Evans, Springfield, stated he represents Oregon Land, LLC.  He stated the original findings included findings addressing OAR 660.04.018, but the findings didn’t have the exact language as they received in the letter from DLCD.  He noted that DLCD said they had no problems with the application but they had specific finding language that wasn’t included directly in the original findings.  He and Sebba thought it was best to use DLCD’s specific language in the document itself.  He recalled that the property was originally zoned Rural Commercial in 1980, rezoned again in 1984 and in 2002 zoned Rural Commercial. . He noted the last zoning was significantly different than the first Commercial Zone.  He indicated that the first Commercial Zone allowed more uses and was refined over the years.  He said when the property was divided it segregated the store and the dwellings that had frontage on Highway 101.  He indicated the Commercial use could be allowed on each of the lots proposed but in conjunction with commercial use.  He said that opportunity currently exists with the changes in home occupation standards.  He noted that each property has sewage disposal approval and there is a mobile home on lot 4.  He added that there are three wells on the property and there are roads constructed through the property.


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


MOTION: to adopt Ordinance No. PA 1254


Fleenor MOVED, Dwyer SECONDED.




b. PUBLIC HEARING AND ORDER 08-12-17-4/In the Matter of Adopting Supplemental Findings to Ordinance No. PA 1235, Amending the Rural Comprehensive Plan to Redesignate Land From “Forest” to “Marginal Land” and Rezoning That Land From “F-2/Impacted Forest Lands” to “ML/Marginal Land,” (File PA 04-6308; Dennis).


Jerry Kendall, Land Management, recalled the original application was for 100 acres plus of land located north of Fall Creek.  He said the Board had originally approved the application in November 2006.  He noted the first remand came back from LUBA in June 2008, having to use timber prices prior to 1985.  He recalled during that hearing Goal 1 submitted documents raising concerns that the OAR governing forestland revised in March of 2008 was not properly addressed.  He added that legal counsel mentioned if they were to comment on it, they would need more time to analyze the submittal.  He said the applicant verbally addressed the revision and the Board took action.  He noted that it came back from LUBA and the revised Division 6 of OAR 660(5) deals with what specific data sources are to be used in computing productivity data.  He included the language in his cover memo.  He noted in the agenda packet is a letter from the Department of Forestry seeking to clarify the administrative rule.


Kendall said in the first cover memo staff issued on December 1, the applicant had used what the Department of Forestry would call second tier data and that was acceptable. He indicated in the first cover memo on December 1, the applicant submitted tier two level data from using the 1990 Department of Forestry productivity memo and that memo had all eight of the soils listed.  He indicated the applicant came out below the income standards and the productivity threshold for marginal lands.  He said the applicant supplemented the record and  distributed the information yesterday.  He said they used four of the productivity ratings available out of tier one type data and kept with four productivity data that wasn’t available from the 1990 forestry memo.  He added that they came up with the exact same results, all below the threshold for marginal lands test.  He said staff still recommends approval of the proposal.


Commissioner Stewart opened the Public Hearing.


Steve Cornacchia, Eugene, said he represents the applicant.  He stated that this was the third time they have been before the Board and each time they believed they had met all the criteria.  He said twice there were issues found involving technical aspects of meeting the two incomes and two productivity tests for farm and for agricultural.  He said once they received the opinion back from LUBA, they determined the new rule has four sources of information they could use to determine cubic feet per acre. He said their belief was that they needed to address those. He said unbeknownst to his client, another party was dealing with the Department of Forestry, but not on a marginal lands issue, but on Measure 49.  He recalled that Measure 49 had components dealing with high value forest lands with 120 cubic feet per acre per year limitation if they have soils that will produce.  He said if they have less than that, they could have five acre parcels.  He indicated that this is a statewide issue. He indicated that the Department of Forestry worked with DLCD and came up with correspondence in the packet that shows how it is done.  He thought they went further than what the rule states.  He said the rule states they could use four sources.  He said they wanted people to use the first three and if in those three there is not the information that is necessary, then they could go to another.  He said in the supplement they showed that there are four soils that have ratings and four of the others NRCS does not have ratings for.  He said since they couldn’t use zero for NRCS that led Setchko to the 1989 and 1990 ratings which the Department of Forestry has approved.   He said they had Setchko do an original report and supplemental. Cornacchia said they provided a letter to the Board and hoped that by putting it in the record early enough, the opponents and Goal 1 coalition would be able to review it and come to the same conclusion that the Department of Forestry letter cleans things up.  He indicated what they are doing fits exactly with the state forester’s letter.  He talked to the lawyer for the opponents yesterday on the phone and she said after review of the November letter and after review of Setchko’s report, they counseled their clients that the applicant has met the burden.  Cornacchia noted the opponents had an issue that they want to get paid.  He said when they go through the appellant process there are fees and costs apportioned to all the parties.  He recalled that even though they were affirmed in LUBA and it was appealed to the Court of Appeals, LUBA changed its opinion and the opponents get their costs and fees paid. Cornacchia said with the conclusion of this, everyone will get paid and he assured counsel that her clients would also get paid.


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


MOTION: to approve ORDER 08-12-17-4.


Green MOVED, Fleenor SECONDED.


VOTE: 3-2 (Dwyer, Sorenson dissenting).




Stewart reported the MPO meeting was cancelled due to the weather.


Dwyer wished everyone a happy, healthy holiday season.  He hoped for better things for the Country and the economy.











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



Melissa Zimmer

Recording Secretary