BOARD OF COMMISSIONERS'

REGULAR MEETING

September 30, 2009

1:30 p.m.

Harris Hall Main Floor

APPROVED 4-27-2011

 

Commissioner Pete Sorenson presided with Commissioners Bill Dwyer, Bill Fleenor, Rob Handy and Faye Stewart present.  County Administrator Jeff Spartz, County Counsel Liane Richardson and Recording Secretary Melissa Zimmer were also present.

 

11. PUBLIC HEARINGS

 

a. PUBLIC HEARING AND ORDER 09-9-30-8/In the Matter of Annexing Territory Identified as T21S, RO3W, S29 Tax Lots 501 and 1100 to South Lane County Fire and Rescue Under Provision of ORS 198.857 (File No. F SL 2009-ANX 1) (Applicant; Jerry & Marjie Vaverka).

 

Stephanie Schulz, Land Management, explained that the Board is being asked to approve annexation and property into the South Lane County Fire and Rescue District in order for the property to receive residential fire protection services.  She noted the annexation area is a forested site developed with one manufactured home and the owners are in the process of constructing a new home on the site.  She said the Board has had the authority to process and make decisions on boundary changes to special districts since January, 2008, pursuant to SB 417 that dissolved the Boundary Commission in Lane County.  She noted that this is the first request before the Board since that time.  She indicated that the annexation request was initiated by the property owners and the application was deemed complete on August 25, 2009.  She noted that notice was published on September 9 in The Register Guard and notice was mailed to all owners within 750 feet of the annexation area.  She reported that South Lane County Fire and Rescue serves other properties in the area and has accepted the requested to join. She said that all criteria for approval of the annexation request have been met and staff recommends Board approval of the request. She added that after annexation to the fire district, the annexed territority would be taxed for South Lane County Fire and Rescue beginning in tax year 2010 and the property would continue to receive timberland coverage from Eastern Lane District of the State Forestry Department.

 

Commissioner Sorenson opened the Public  Hearing.

 

Marjie Vaverka, Cottage Grove, noted that they live in an old mobile home and they are building a new home.  She requested that the Board approve the annexation so they can receive services through the South Lane Rural Fire District.  She stated that it is important to them to have that security if something were to happen.

 

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

 

MOTION: to approve ORDER 09-9-30-8

 

Stewart MOVED, Dwyer SECONDED.

 

VOTE: 5-0.

 

b. PUBLIC HEARING AND ORDER 09-9-30-9/In the Matter of Annexing Territory Identified as T17S, R12W, S24 Tax Lots 415 to the Siuslaw Valley Fire and Rescue Under Provision of ORS 198.857 (File No. F SV 2009-ANX 2) (Applicant; Lorraine Esch).

 

Schulz reported that this request for annexation of a property to the Siuslaw Valley Fire and Rescue District  is in order for the property to receive residential fire protection service.  She indicated that this property is adjacent to and west of Ben Bunch Road, off of Sutton Lake Road near Florence.  She said the annexation request was initiated by the landowner and includes one tax lot.  She recalled that the application was filed with Lane County and was deemed complete on August 25, 2009.  She indicated that legal notice was published in The Register Guard on September 9, 2009 and notice was also mailed on that date to all owners within 750 feet of the annexation area, to interested parties and agencies.  She noted that Siuslaw Valley and Fire Rescue serves other adjacent properties and has accepted the request for annexation.  She said the annexation area is located in an area of mixed zoning with RR5, F1 and F2 zoning on adjacent properties.  She said the subject property is a forested site developed with one manufactured home.  She explained that after annexation to the fire district the annexed territory will be taxed for Siuslaw Valley Fire and Rescue beginning in the tax year 2010 and the annexed territory will continue to receive timberland coverage from western Lane district of the State Forestry Department.  She received phone calls in response to the notice  mailed out.  She said some property owners in the area called and were interested in what was going on and had no real issues.  She recommended approval of this annexation request.

 

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

 

Leo Stapleton, Florence, stated this piece of property was a 15 acre parcel that was excluded when they annexed all of Ben Bunch Road.  He said since that time they cut five acres off and Lorraine Esch bought the five acres.  He added that all this time she thought she was in the fire district and she wasnít.  He helped her out and ran this petition through.

 

MOTION: to approve 09-9-30-9.

 

Fleenor MOVED, Dwyer SECONDED.

 

VOTE: 5-0.

 

c. PUBLIC HEARING AND ORDER 09-9-30-10/In the Matter of Withdrawal of County Road Status (But not the Public Road Status) of a Portion of Barrett Creek Lane (County Road Number 2277), Located in the Northwest One Quarter of the Southeast One Quarter (NW ľ SE ľ) of Section 34, Township 18 South, Range 12 West of the Willamette Meridian (18-12-34-42).

 

Mike Jackson, Land Management, recalled on August 20 they had a public hearing for the legalization of Barrett Creek Lane.  He noted on June 24, 2009 the Board legalized Barrett Creek Lane into a County road to get public road status.  He stated that the County has never maintained the road; it has been maintained by the public.  He indicated there is no money in the budget to maintain the road.

 

Marsha Miller, Public Works, reported that staff has spent more than a year before trying to come to resolution short of making this a public road and when those avenues didnít work, they did it this way, declaring it a local access road.  She said they were clear from the beginning they didnít have funds to do anything on this road.

 

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

 

MOTION: to approve ORDER 09-9-30-10.

 

Fleenor MOVED, Dwyer SECONDED.

 

VOTE: 5-0.

 

d. SECOND READING AND PUBLIC HEARING Ordinance No. PA 1263 Amending the Rural Comprehensive Plan to Redesignate Land From "Residential" and "Commercial" to "Industrial" and Rezoning that Land from "RR-2/RCP, Rural Residential" and "RC/RCP, Rural Commercial" to "RI/RCP, Rural Industrial"; and Adopting Savings and Severability Clauses (File PA 07-5430: Swanson Group) (NBA & PM 9/16/09). Third Reading and Continued Public Hearing October 28, 2009)

 

Rafael Sebba, Land Management, explained that this is the Second Reading and Public Hearing for a minor Rural Comprehensive Plan amendment and zone change.  He said the applicant is requesting to change the plan designation and zoning from Commercial and Residential to Industrial for 15 parcels located in the rural unincorporated community of Noti.  He said the subject parcels are on Noti Loop Road adjacent to the Swanson Superior Lumber Mill and log storage yard.  He indicated that together the 15 parcels are slightly over four acres in size.  He added that three of the parcels are owned by Noti Church of Christ and the other 12 are owned by the Swanson Group.  He said the plan amendment zone change is proposed to allow the existing mill to expand their log storage area that could be permitted in the Rural Industrial Zone with approval of a special use permit.  He said since the First Reading on September 16, additional information has been submitted for the record.  He indicated that three nearby residents wrote letters expressing concern about noise from the mill and the proposed expansion.  He said two recommended sound barriers, two mentioned property values, and one brought up traffic as an issue.

 

Sebba recalled on September 24 the applicantís agent submitted revised findings in response to the agenda cover memo and a more detailed list of deficiencies provided by staff.  He said this information was forwarded to the Board with a cover memo on Friday September 25.  He reported that the original cover memo identified four main concerns with the applicantís previous May 29 findings.  He said the findings didnít establish consistency with the purpose statements of Lane Code Chapter 16 in the Rural Industrial Zone.  He said the findings did not adequately address the Rural Comprehensive Plan, Goal 9, Policy 8 that supports routine expansion of existing industrial uses provided that significant conflicts with other land uses did not result.  He added that some findings didnít relate to the critiera they were intended to address and there were findings included for rules and critiera that either didnít apply or didnít need to be addressed.  He noted for the revised findings dated September 24, the applicant consciously decided to keep the unnecessary findings and has revised some findings to more directly address the criteria.  He indicated the applicant has established consistency with the purpose statements of Chapter 16 in the Rural Industrial Zone in findings 122, 123 and 124, but finding 75 (that should address the care and capacity of soil) doesnít do it.  He said it was a minor issue but worth noting.  He added that more importantly, finding 40 (addressing Rural Comprehensive Plan Goal 9, Policy 8) still leaves something to be desired given the three letters submitted last week.  He added the findings donít establish that significant conflicts with other land uses will not result from the proposed plan amendment zone change. 

 

Sebba noted the issues of compatability and minimizing adverse impacts will come up when the applicant applies for a special use permit for a specific proposal, but that doesnít alleviate the need to address the Rural Comp Plan policy at this time.  He said this policy support is required for the plan amendment zone change. 

 

Sebba said the Board may set a Third Reading, direct the applicant to resolve the outstanding issues and staff will return with an ordinance, or if the Board is comfortable with and agrees with the applicantís September 24 findings, the Board could approve the application based on these findings or the Board could tentatively deny the application and direct staff to prepare an order with findings for final action identifying the Boardís reasons for the denial.

 

Sorenson explained that this is a plan amendment rezoning criteria sited in the agenda cover memo and evidence and testimony in this hearing must be directed toward the approval criteria and that failure to raise an issue in the Public Hearing or in the materials submitted that would enable a response, may preclude an appeal to LUBA.  He indicated that this is the opportunity for those present to enter information into the record.  He stated that only persons who qualify as a party may appeal the Boardís decision to LUBA.  He asked the Board if there were any ex parte contacts.

 

There were none.

 

Commissioner Sorenson opened the Public Hearing

 

Ron Funke, Eugene, submitted a tentative map of the revised yard provision.  He said it addresses the concerns for noise.  He explained that the Swanson Group began planning for a map amendment and rezone change over four year ago and Swanson Group has always tried to be a good citizen of the community of Noti.  He indicated that they posted notices all over town a year and a half ago about their proposed expansion and asked citizens to attend a meeting at the old Noti School with questions or concerns and no one showed up at that meeting. He said Swanson has attempted to keep the local community informed through the process as to what their plans for expansion were.  He said at the Planning Commission Hearing there were three people with concerns or questions.  He said that Dale Claussen has spoken with Mr. Huckins and will continue to discuss with him and other community members about reducing potential impacts on the community.  He said the primary purpose of the log yard expansion is to remove the log trucks from stacking up on Noti Loop.   He noted there will be on site capacity for 17 log trucks in the log yard and to provide for safer non-crossing traffic pattern within the log yard.  He said there will be no crossing or mixing of log trucks with other site traffic.  He indicated there will be some expansion of the storage capacity, but the primary reason is for the safety and efficiency of onsite and offsite improvements.  He indicated there will be a reduction of noise coming from the site.  He added that no new equipment with the exception of a new scaling station or mill expansion is planned as part of this expansion.  He said the operation of the facility will continue as it currently is.  He added that part of the expansion includes a configuration of a five to six food berm with a fence and light barriers circumventing the Noti Loop area.   He said the rezone will actually improve the existing conditions for the neighbors surrounding the mill site, reducing the noise and light pollution and ending the need for trucks to line up along the side of Noti Loop.  He added that Swanson will be required to file a special use permit for the actual expansion of the log yard and there will be an opportunity to review the proposed design and make modifications as needed. 

 

James Huckins, Noti, said he lives across the road from Swanson.  He said he never knew about the meeting at the school and if he had known about it, he would have attended.  He thought getting the trucks off the street was a good idea.  He asked if the church could be preserved.  He wanted to see the church saved.

 

Chad Noise, Noti, stated that the Swanson property is behind his house.  He noted there is a lot inbetween his house and the berm.  He wanted to know what they were going to do with the lot.

 

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

 

MOTION: to approve the Second Reading and setting a Third Reading Public Hearing on Ordinance PA 1263, keeping to October 28, 2009 at 1:30 p.m. keeping the record open.

 

Fleenor MOVED, Dwyer SECONDED.

 

VOTE: 5-0.

 

12. COMMISSIONERSí BUSINESS

 

a. DISCUSSION/Possible 2010 Ballot Measures:

 

1) Charter Cleanup.

2) Taxes/Compression/Amounts Raised.

3) Elections/Cost, Timing, Deadline, etc.

4) Extension Service.

5) Public Safety.

 

There was a discussion on the possible 2010 Ballot Measures.  (Copy in file).

 

13. COUNTY COUNSEL

 

a. Announcements

 

None.

 

14. PERFORMANCE AUDITOR

 

a. Announcements

 

None.

 

15. COMMISSIONERS' ANNOUNCEMENTS

 

None.

 

16. EXECUTIVE SESSION as per ORS 192.660

 

Per ORS 192.660(2)(h) for pending litigation.

 

17. OTHER BUSINESS

 

None.

 

There being no further business, Commissioner Sorenson recessed the meeting into Executive Session at 5:25 p.m.

 

Melissa Zimmer

Recording Secretary