BOARD OF COMMISSIONERS'
January 17, 2001
Harris Hall Main Floor
Commissioner Anna Morrison presided with Commissioners Bobby Green, Sr., Peter Sorenson and Cindy Weeldreyer present. Bill Dwyer was excused. County Administrator Bill Van Vactor, Assistant County Counsel Stephen Vorhes and Recording Secretary Melissa Zimmer were also present.
10. PUBLIC HEARINGS
a. SECOND READING AND PUBLIC HEARING/Ordinance PA 1157/In the Matter of Adopting the Oakridge Transportation System Plan and Adopting Savings and Severability Clauses.
Morrison noted that the decision today was subject to plan amendment and rezoning criteria cited in the agenda cover memo and the evidence of public testimony must be directed toward the approved criteria. She added failure to raise any issue to enable a response might preclude an appeal to LUBA.
Sonny Chickering, Public Works, reported that the Oakridge Transportation System Plan constitutes an amendment to the city’s comprehensive plan and the Board must adopt the TSP as part of the County’s comprehensive plan. He noted that today’s public hearing is to complete the process. He added there was a citizen’s advisory committee, the City of Oakridge staff, ODOT and Lane County Public Works staff who participated and approved of the plan and recommended adoption.
Commissioner Morrison opened the Public Hearing. There being no one signed up to speak, she closed the Public Hearing.
MOTION: to adopt Ordinance PA 1157.
Weeldreyer MOVED, Sorenson SECONDED.
ROLL CALL VOTE: 4-0.
b. SECOND READING AND PUBLIC HEARING/Ordinance PA 1158/In the Matter of Amending the Rural Comprehensive Plan to Redesignate Land from “Forest” and “Agricultural” to “Marginal Land” and Rezoning that Land from “F-2/Impacted Forest Lands” and “E-30/Exclusive Farm Use” to “ML/Marginal Land”, and Adopting Savings and Severability Clauses (file PA 00-5317; Wong).
Morrison stated the decision was subject to plan amendment and rezoning criteria cited in the agenda cover memo and the attachments and evidence and testimony must be directed specifically toward the approval criteria. She added failure to raise an issue to enable a response may preclude an appeal to LUBA.
Jerry Kendall, Land Management, reported that this is a 70-acre parcel and approval of the plan amendment zone change would entitle the owner to come through with a subsequent partition dividing the property into three 20-acre plus parcels with a dwelling on each. He noted the Planning Commission took action on August 15, 2000 and recommended approval of this request by unanimous vote.
Kendall said the marginal lands test is from ORS. 197. 247, which is a two part test. He explained that the first is a history test of what capability and activity took place with regard to the farm and forest plan in a five-year period, starting in January 1978-1983. He said the law asks whether the property, by itself or in conjunction with adjacent or nearby properties, was part of a farm operation capable of grossing $20,000 a year. He noted the file record has an affidavit from the prior owners stating that no farm activity of that magnitude took place during that five-year period. He added there was a question whether the subject property by itself (or in conjunction with adjacent lands) was part of a forest operation, grossing $10,000 annual income. He noted in that regard, the file record shows that none of the parcels’ soils have a rating for forest capability and the forester’s report concluded there is marginal productivity equal to $1,628 annual gross per acre per year. He explained the second portion of the test was a capability test and the soils of the subject property must be predominantly agricultural Classes 5 through 8 on the poor half of the agricultural scale. He noted 97.6% of the subject property was shown to be Agricultural Class 6. He added that the subject property productivity for merchantable timber is less than 85 cubic feet per acre per year and the actual productivity for the forester’s report is 27.4 cubic feet per year.
Kendall said in terms of water availability, the property is not in a quality/quantity limited area, but the applicant had supplied an aquifer test that showed a sustained flow of 3.6 gallons per minute, adequate for a three dwelling build out.
Kendall noted they received a letter of concern from an adjacent landowner (Roseburg Resources Company, 190 acres adjacent on the west) who would be content if the applicant would record a forest management agreement. He said the owners recorded that on January 2, 2001. He stated that staff recommended approval.
Morrison stated this was the opportunity for those present to enter information into the record and only persons who qualify as a party may appeal a board decision to LUBA. She asked the Board if there were any ex-parte contacts.
There were no ex-parte contacts.
Morrison opened up the Public Hearing.
Harry Taylor, P.O. Box 1420, Veneta, was present on behalf of the applicant, Tom Wong. He noted they recorded the Forest Management Agreement and mailed a copy to Roseburg Forest Products. He explained that he had covered criteria for marginal lands and there is almost no forest capability and it is Class 6 land. He said that Wong proposed a land partition, creating three parcels. He added that the property was split-zoned, with the eastern 20 acres zoned E-30 and the remainder zoned F-2, and they requested that the entire property be redesignated and rezoned to marginal lands.
Sorenson asked if the land had any endangered plants or animals and if that was an issue.
Taylor responded he was unaware of it. He noted that the County inventory did not show any significance for wildlife.
Francis Gabrielson, 3330 E. Howell Lane, said he lives in the neighborhood and is in favor of this.
There being no one else signed up to speak, Commissioner Morrison closed the Public Hearing.
MOTION: to adopt Ordinance PA 1158.
Weeldreyer MOVED, Green SECONDED.
Weeldreyer agreed that one house on 20 acres could not be classified as urban. She believed this was good where marginal lands have been documented, allowing people who want a rural lifestyle to have one.
ROLL CALL VOTE: 4-0.
11. COMMISSIONERS' ANNOUNCEMENTS
Green announced that on Monday night the Martin Luther King steering committee commemorated the holiday for Dr. King and it was very successful. He thanked the Board for their financial support. He hoped they would be able to do it next year.
Weeldreyer reported there were two events that took place in Salem yesterday that she attended, Rural Oregon Day and Save Our Seniors Day. She said she would be going to Florence on Friday to the Clear Lake area.
Sorenson reported he would be giving a talk to the Lane County Tax Equalization Association.
Morrison announced that next Wednesday there would be Executive Session at 8:45 a.m. She added it was the kickoff for Lane County’s 150th birthday. She reported that the Fair Board was having a special meeting on Tuesday evening from 5:30 p.m. to 7:00 p.m. on the Planetarium.
12. OTHER BUSINESS
There being no further business, Morrison recessed the meeting at 2:15 p.m.