BOARD OF COMMISSIONERS'
January 31, 2001
Harris Hall Main Floor
Commissioner Anna Morrison presided with Commissioners Bill Dwyer, Peter Sorenson and Cindy Weeldreyer present. Bobby Green, Sr., was excused. County Administrator Bill Van Vactor, Assistant County Counsel Stephen Vorhes and Recording Secretary Melissa Zimmer were present.
10. PUBLIC WORKS
a. ORDER 01-1-31-5/In the Matter of Amending Chapter 15 of Lane Manual to Revise the Project Ranking and Selection Criteria of the Community Development Road Improvement Assistance Program (Exhibit A to LM 15.810(2)).
Mike Russell, Public Works, reported that in November they awarded the first candidate projects and recommended changes to the project selection criteria. He noted that the Roads Advisory Committee had recommended changes in the selection criteria: to delete the reasonableness of any charge or fee for the facility. He said the RAC thought it didn’t help in determining whether a project was of value or not and it would not help disqualify a project. He said they recommended assigning those points to sharing costs of road improvements and/or leveraging of other funds, making this criteria the heaviest weighted at 20 percent of the points. He noted they were also recommending more weight be given to the proposal application itself to encourage an adequate professional presentation. He added the committee was recommending the weight of the computability of the proposal with the public road system criteria be reduced.
MOTION: to approve ORDER 01-1-31-5.
Dwyer MOVED, Sorenson SECONDED.
b. FOURTH READING AND SETTING FIFTH READING AND SIXTH READING AND DELIBERATION/Ordinance No. 5-00/In the Matter of Amending Chapter 10 of Lane Code to Adopt a Revised and Updated Version of the Eugene Land Use Regulations for Application to the Urbanizable Lands Within the Eugene Urban Growth Boundary; and Adopting Savings and Severability Clauses.
Celia Barry, Land Management, requested when the Board makes a motion that instead of having the Fifth Reading on February 14, that it be moved to April 11. She noted that the Land Use Code Update was moving through the Eugene City Council review process and they anticipate by the end of March they will complete the review and adopt it.
MOTION: to approve a Fourth Reading and Setting a Fifth Reading for April 11, 2001.
Van Vactor asked if the City Attorney had performed an analysis of the Land Use Code Update for exposure the city may have with Ballot Measure 7.
Jan Childs, City of Eugene, responded she was currently working on the project.
Van Vactor cautioned the Board not to take final action until the Measure 7 matter is resolved.
Dwyer MOVED, Weeldreyer SECONDED.
c. THIRD READING AND DELIBERATION/Ordinance PA 1156/In the Matter of Amending the Eugene-Springfield Metropolitan Area General Plan Diagram to Redesignate Land From "Agriculture/Urban Reserve" to "Rural Residential/Urban Reserve", Rezone That Land From Lane County "Exclusive Farm Use 40-Acre Minimum/Floodplain" (E-40/FP) to "Rural Residential 5-Acre Minimum/Floodplain/Site Review" (RR-5/FP/SR) and Adopt an Exception Pursuant to Statewide Planning Goal 2; and Adopting Savings and Severability Clauses (File PA 99-5599/Porter).
Barry noted this was about a metro plan amendment and zone change request. She said this was before the board on November 29, 2000 in a joint public hearing with the Cities of Eugene and Springfield. She explained that the Cities of Eugene and Springfield must adopt this so it becomes effective but the Board only needs to adopt the zone change. She said that all of the planning commissions recommended approval but wanted the findings strengthened. She noted that at the November 29, 2000 public hearing, staff identified deficiencies in the findings, including being inadequate showing that an exception to statewide planning Goal 3 was warranted with describing uses and characteristics of surrounding lands and how it affected the performability of the subject parcel. She added there were deficiencies in addressing the metro plan policies, also the findings regarding the Oregon Administrative Rule urban reserve criteria were incorrect. She stated that staff made those points in the last public hearing. She noted that at the public hearing, the applicant’s agent submitted upgraded findings and they addressed the requirements for taking an exception adequately, but they continued not adequately addressing the urban reserve criteria and some of the metro plan policies. She said that staff worked with the agent and property owner to upgrade those findings on the condition that no new evidence would be submitted. She noted the applicant submitted new findings on January 23 and they were included with the packet. She added staff now believes the findings adequately address all the criteria needed to take the exception.
Barry noted on the ordinance in the packet, there was an incorrect page number reference on page 2. She distributed the corrected version.
Barry said on counsel’s recommendation, rather than acting on this issue today (because of the changed findings) it was necessary to have another reading. She requested to move the third reading and set a fourth reading for February 14, 2001 at which time they will request action.
MOTION: to approve a Third Reading and Setting a Fourth Reading and Deliberation for February 14, 2001 for Ordinance PA 1156.
Weeldreyer MOVED, Dwyer SECONDED.
Van Vactor asked Barry if the applicant addressed all of the applicable criteria and if the matter was contested.
Barry responded they did address the applicable criteria. She added that no one contested this issue.
d. ORDER 01-1-31-6/In the Matter of Reconsideration of the Board of Commissioner's Decision to Deny an Amendment to the Lane County Rural Comprehensive Plan and Zoning From Agricultural Land/Exclusive Farm Use to Rural/Rural Residential as Proposed by Ordinance PA 1148 (file PA 98-1240; Stauffer).
Jerry Kendall, Land Management, explained this gives the Board the opportunity to consider their last decision on the matter. He said the Stauffer’s agent neglected to fill out some criteria information and the Board denied it. He said it had been appealed to LUBA, withdrawn by the County and if the Board approves the order, he would set up a Fourth and Fifth Reading and Public Hearing.
MOTION: to approve ORDER 01-1-31-6.
Weeldreyer MOVED, Morrison SECONDED.
e. CONTINUED DISCUSSION/EIGHTEENTH READING AND DELIBERATION/Ordinance PA 1132/In the Matter of Amending the Eugene-Springfield Metropolitan Area General Plan to Adopt a Revised “Transportation Element” and Related Changes to the Plan Text; Adopting Revisions to the Eugene-Springfield Transportation System Plan (TransPlan); and Adopting a Severability Clause.
Tom Stinchfield, Public Works, recommended the Board set the next reading for February 21.
MOTION: to approve an Eighteenth Reading and Setting a Nineteenth Reading and Deliberation for February 21, 2001 on Ordinance PA 1132.
Weeldreyer MOVED, Dwyer SECONDED.
Stinchfield asked the Board to pass the first motion related to the alternative measures as they are up against a deadline for LCDC for their review of the issues and for a public hearing in May. He noted that MPC had unanimously recommended these measures and all the other agencies had taken action to support them. He said that the Eugene City Council supported them with the additional statement that they wanted additional evidence and documentation of how the measures would fit together with the plan before they adopt it, but they were okay to submit these to LCDC.
MOTION: to pass the first motion.
Dwyer MOVED, Sorenson SECONDED.
Morrison asked what would happen to the alternative measures if LCDC did not accept them.
Stinchfield responded they would have to revise them until they approved them under the transportation planning rule if they don’t reach the "vehicles miles traveled" target.
Tom Schwetz, LCOG, said they took up the previous version to a subcommittee at LCDC to discuss them. He noted at that time they were positive about the approach that was being taken and indicated they had a good discussion at the policy level.
Stinchfield noted there was consensus from the other groups to move ahead.
11. COMMISSIONERS' ANNOUNCEMENTS
Morrison congratulated David Capen on being the First Citizen recipient in Florence and Elizabeth Barnhart for being the Future First Citizen winner at the Joint Organizations in Florence Luncheon.
12. OTHER BUSINESS
There being no further business Commissioner Morrison adjourned the meeting at 2:00 p.m.