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May 13, 1998
REGULAR MEETING - BOARD OF COUNTY COMMISSIONERS
1:30 p.m. - Harris Hall Main Floor

10. COMMISSIONERS' ANNOUNCEMENTS

None.

11. PUBLIC HEARINGS

a. SECOND READING AND PUBLIC HEARING/Ordinance PA 1112/In the Matter of Amending the Rural Comprehensive Plan to Redesignate Land From "Agriculture" to "Rural" and Rezoning That Land From "E-40/Exclusive Farm Use" to "RR-5/Rural Residential 5", Adopting Exceptions to Statewide Planning Goals 3 and 4; and Adopting Savings and Severability Clauses (file PA 2060-97; Goodwin).

Commissioner Cornacchia read Ordinance PA 1112 by title. He said the decision made by the board would be subject to Plan Amendment and Rezoning criteria cited in the agenda cover memorandum and attachments. He said all evidence and testimony should be directed toward the approval criteria and that failure to raise an issue to enable a response could preclude an appeal to the Land Use Board of Appeals (LUBA). He said that only persons who submitted information into the record or who qualified as a "party" could appeal a Board decision to LUBA.

Commissioner Cornacchia determined that no commissioner had had ex parte contact or wished to abstain because of a conflict of interest.

Lane County Land Management Divisions Associate Planner Michael Copely displayed an overhead projection slide which he said was a map showing the location of the property in question. He said that if the application for amending the Rural Comprehensive Plan was approved, the applicant would be positioned to apply for a building permit on the property. He said no further land division would be allowed. He said the matter had been reviewed by the Lane County Planning Commission at public hearing held on October 21, 1997, and that the Planning Commission had unanimously recommended its approval. He reported that the application had been submitted to the Land Conservation and Development Commission (LCDC) and that no response had been received. He said the Planning Commission had received no public testimony at its public hearing and that staff recommended approval of the application.

Commissioner Cornacchia opened the Public Hearing.

Pat Goodwin, stated that she was associated with Forest Ridgeland Planning and that she represented the agent of the applicant. She said she believed the application was strong, had met all the criteria, and was available to seek to answer questions.

Commissioner Cornacchia determined there was no else present wishing to present testimony and closed the public hearing.

MOTION: to adopt Ordinance PA 1112.

Commissioner Dumdi MOVED, Commissioner Weeldreyer SECONDED.

VOTE: 5-0, on a roll call vote.

b. SECOND READING AND PUBLIC HEARING/Ordinance PA 1113/In the Matter of Amending the Rural Comprehensive Plan to Redesignate Land From "Agriculture" to "Marginal Land" and Rezoning That Land From "E-40/Exclusive Farm Use" to "ML/Marginal Land"; and Adopting Savings and Severability Clauses (file PA 0220-98; Miesen).

Commissioner Cornacchia read Ordinance PA 1113 by title. He said the decision made by the board would be subject to Plan Amendment and Rezoning criteria cited in the agenda cover memorandum and attachments. He said all evidence and testimony should be directed toward the approval criteria and that failure to raise an issue to enable a response could preclude an appeal to the LUBA. He said that only persons who submitted information into the record or who qualified as a "party" could appeal a Board decision to LUBA.

Commissioner Cornacchia determined that no commissioner had had ex parte contact or wished to abstain because of a conflict of interest. Commissioner Sorenson later recalled that he had had a conversation with the applicant, but said that he did not believe it would influence his decision regarding the application.

Mr. Copely displayed an overhead projection slide which he said was a map showing the location of the property in question. He said the application had been reviewed by the Lane County Planning Commission at public hearing held on March 17, 1998, and that the Planning Commission had unanimously recommended its approval. He reported that the application had been submitted to the Land Conservation and Development Commission (LCDC) and that no response had been received.

Mr. Copely said he believed the property met criteria for marginal land designations. He reviewed agricultural and forestry criteria analysis of the property. He said that detailed water tests were not required by the applicant because of the 20-acre parcel size proposed, but were included with the documentation which had been submitted by the applicant. He said that no testimony, other than that of the applicant, had been received at the public hearing before the Planning Commission, but that several letters had been received before the public record was closed. He reviewed concerns raised in the letters.

Commissioner Cornacchia opened the public hearing.

Harry Taylor, Post Office Box 20, Veneta, stated that he represented the applicant, Ed Meisen. He reviewed the physical description of the property in question , referring to maps, diagrams, and aerial photographs supplied with the application. He described the work of the consultant on the application, and attempts which were made by the owners to qualify the land as a producing forest. He said there were patches of high-value soils, but not of enough depth to allow natural regeneration or planted seedlings to grow to maturity.

Commissioner Green asked if it was true that the applicant was planning to only build a single residence on the property. Mr. Taylor replied that Marginal Land zoning would allow subdivision of the property into 10-acre parcels, but that he did not believe there was adequate water resources to do so.

Ed Meisen stated that he was the owner/applicant for the property in question. He described the management of the property by his family for 20-years, how he intended to live on the property, the extensive attempts which had been made to make it a productive forest, and how application had been made for rezoning to Marginal Lands because it was the "mildest" possible change permitting his intended development.

Commissioner Cornacchia determined there was no one else present wishing to present testimony, and closed the public hearing.

Commissioner Weeldreyer stated that she was familiar with the area of the property and that she could understand why a property owner would wish to settle on it. She said her only concern was that, at some time in the future, additional development of the property could be contemplated for which its proximity to broadcast towers could be a detriment.

MOTION: to adopt Ordinance PA 1113.

Commissioner Weeldreyer MOVED, Commissioner Sorenson SECONDED.

VOTE: 5-0, on a roll call vote.

12. OTHER BUSINESS

a. THIRD READING AND DELIBERATION/Ordinance PA 1105/In the Matter of Amending the Rural Comprehensive Plan to Redesignate Land from "Agriculture" to "Rural" and Rezoning that Land from "E-40/Exclusive Farm Use" to "RR-2/Rural Residential 2", Adopting Exceptions to Statewide Planning Goals 3 and 4; and Adopting Savings and Severability Clauses (file PA 0253-97; Davidson).

Mr. Copely referred to his memorandum dated May 11, 1998, in which staff requested that the board accept submitted material and set a Fourth Reading and Deliberation.

Commissioner Cornacchia stated that he was more comfortable with the application involved with the ordinance since reading the new reports submitted.

MOTION: to approve the Third Reading and set the Fourth Reading and Deliberation of Ordinance PA 1105 for June 2, 1998.

Commissioner Cornacchia MOVED, Commissioner Sorenson SECONDED.

VOTE: 5-0.

Commissioner Cornacchia adjourned the meeting at 2:10 p.m.

C. Daniel Lindstrom, Recording Secretary

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