July 2, 1996
BOARD OF COMMISSIONERS' REGULAR MEETING
Commissioners' Conference Room - 1:30 p.m.

Chair Bobby Green, Sr. presided with Ellie Dumdi and Jerry Rust present. Steve Cornacchia and Cindy Weeldreyer excused. Sharon Giles, Recording Secretary.

13. COMMISSIONERS' ANNOUNCEMENTS

None.

14. PUBLIC HEARINGS

a. FOURTH READING AND SETTING FIFTH READING AND PUBLIC HEARING/Ordinance PA 1086/In the Matter of Amending the Rural Comprehensive Plan to Redesignate Land from "Forest" to "Public Facilities"; Rezoning that Land from "F-2/Impacted Forest Land" to "PF/Public Facilities"; Adopting an Exception to Statewide Planning Goals 3 - Agricultural Land, 4 - Forest Land, 11 - Public Facilities and Services, and 14 - Urbanization; and Adopting Savings and Severability Clauses (Files PA 420-96 & PA 431-96/John Batzer).(Fifth Reading and Public Hearing: Wednesday, August 7, 1996, 1:30 p.m.)

Green read this ordinance into the record.

MOTION: Approval of the Fourth Reading and Setting Fifth Reading and Public Hearing for August 7 at 1:30 p.m. Rust MOVED, Dumdi SECONDED.

VOTE: 3-0.

b. ON THE RECORD HEARING/In the Matter of Hearing Arguments on the Appeal of a Hearings Official Decision Upholding the Planning Director’s Decision Approving a Farm-Related Dwelling Within the Exclusive Farm Use Zone E-30/FP/RCP (Applicant: Goldbeck PA 3954-95; Appellant: State Dept. of Land Conservation & Development).

Donnalee Newman, Associate Planner, distributed a memo faxed from DLCD today at 12:40 p.m. She reviewed the agenda memorandum (see material on file). Newman summarized that staff recommends denial of the appeal.

Green announced that this is an on-the-record hearing. No exparte contacts were declared for the Board members present. Newman indicated that Monte Goldbeck, applicant, was present to testify and that the appellant was not present, but appeared in writing (see faxed material). John Cole, Planning Director, briefly reviewed some history of this parcel.

Monte Goldbeck, 480 East Beacon Drive, spoke in favor of his application and stressed that this is an organically certified farm, supported by the neighbors who have concerns about it being left vacant.

Green acknowledged DLCD’s faxed letter as their statement in the case.

MOTION: Tentative approval of the staff recommendation to deny the appeal and affirm the Hearings Official decision of approval. Rust MOVED, Dumdi SECONDED. Stephen Vorhes, Assistant County Counsel, indicated that Findings would be prepared and an Order would return to the Board. Dumdi and Rust expressed support for small family farms.

VOTE: 3-0.

15. APPEALS

None.

16. OTHER BUSINESS

a. DISCUSSION/DIRECTION/Interpreting Lane Code Chapter 16 Section 212 Relating to the Regulation of Development Within the Exclusive Farm Use Zone.

John Cole introduced this item for the Board and reviewed the agenda memorandum (see material on file).

Cole asked for specific recommendations for 1) how to approach replacement dwellings in EFU zoning districts and 2) how to treat non-farm dwellings that occur on properties less than three acres in size. He distributed a handout dealing with Lane Code’s language regarding replacement dwellings, noting the language that replacement dwellings 1) should be located on the same site as the previous residence (a Lane County requirement that is not contained in the statute specifically) and 2) should commence within one year of the removal of the previous residence. Rust expressed concern about the one year requirement. Cole observed that staff have denied applications on homes that were non-farm related on property less than three acres which were subsequently approved by the Hearings Official on the basis that the state rule conflicts with the state statute. He indicated that staff sees those approvals to be an interpretation of Lane Code and staff would like to start approving those classes of applications. Responding to Rust, Kent Howe, Associate Planner, explained that there have only been a dozen or so applications relative to the three acre non-farm dwelling criteria since 1984. Cole summarized that staff is comfortable approving non-farm dwellings on less than three acres. Mike Farthing, Land Use Attorney, noted that replacement dwellings are permitted uses in the EFU, but stated his belief that it is different than other performance standards in that there is a provision which states that the dwelling that is being replaced needs to be destroyed no later than three months after the other dwelling is constructed, which suggests that the legislature contemplated that the replacement dwelling could possibly not be on the same site. Rust suggested that staff return with an opportunity for both sides of the issue to come back and debate the issue. He indicated that he would also like to see variance material attached to the packet.

Cole summarized Board consensus regarding instructing staff to approve non-farm dwellings on parcels that are less than three acres providing the application meets all of Lane Code criteria. He continued that staff will get together with Farthing and Kloos and develop pros and cons regarding the current interpretation of replacement dwellings. Cole reported that there are a significant number of other issues where the Court of Appeals seems to be supporting Lane Code and staff. Cole was advised to report back in 30 days.

7. PUBLIC WORKS

a. ORAL REPORT BACK/Oregon Country Fair Site and Progress on Fulfillment of Requirements.

Ben Wilson, Land Management Manager, discussed the camping and actual fair components of this issue. With regard to camping, Wilson stated that Land Management has organized the community to make applications for legal campgrounds in the area. He reported that four campgrounds have been approved for use this year and that they expect to have 1,000 approved campsites in the general vicinity. Dumdi commended staff and the Oregon Country Fair Board.

With regard to meeting building code and planning requirements for the fair itself, Wilson indicated that staff has been working with OCF staff to bring them into compliance. He noted that one of the primary issues is whether the structures/booths are permanent structures or temporary structures, stating that the criteria for a permanent structure is more stringent. Wilson reported that the OCF Board has been cooperative and has put together a plan. He summarized that efforts are moving forward and the goal is to have compliance within five years.

There being no further business, this meeting recessed at 2:28 p.m. to reconvene in a separate session with the Roads Advisory Committee at 3:00 p.m., to reconvene into regular session at 4:03 p.m.

16. OTHER BUSINESS

b. With regard to an Emergency Business item during the morning session, ORDER 96-7-2-30, regarding Intergovernmental Human Services, Rick Schulz, Management Analyst, reported concerns regarding Steve Manela’s ability to execute agreements over the next 6 weeks possibly being jeopardized. He stated that Mike Kelly, Springfield City Manager, has asked that language reflecting what is going on be offered to present to the Springfield Council (see material on file). Schulz reported that the proposed language was faxed and it was suggested that Kelly could probably get the Springfield City Council’s approval. Teresa Wilson, County Counsel, observed that the Board Order approved earlier today reflects an attached intergovernmental agreement and she suggested that the Order’s language be amended to reflect that the County Administrator has authority to sign the contract "in substantially the form attached." There was consensus to amend the Order as recommended.

c. ORDER 96-7-2-34/In the Matter of Authorizing the Execution of a Materials Acquisition Contract for a Short Term Hillside Leachate Spraying Project.

Following the morning session discussion of this item during review of Ordinance PA 1083 and PA 1084 (Items 7.d. and 7.e.), Teresa Wilson, County Counsel, reviewed the proposed Order.

MOTION: Approval of the Order. Rust MOVED, Dumdi SECONDED.

VOTE: 3-0.

This meeting adjourned into Executive Session at 4:13 p.m.

Sharon Giles, Recording Secretary

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