BOARD OF COMMISSIONERS'
March 14, 2001
Harris Hall Main Floor
Commissioner Anna Morrison presided with Commissioners Bill Dwyer, Bobby Green, Sr., Peter Sorenson and Cindy Weeldreyer present. County Administrator Bill Van Vactor, Assistant County Counsel Stephen Vorhes and Recording Secretary Melissa Zimmer were also present.
12. PUBLIC HEARINGS
a. SIXTH READING AND PUBLIC HEARING/Ordinance PA 1148/In the Matter of Amending the Rural Comprehensive Plan to Redesignate Land from “Agricultural” to “Rural”, Rezone that Land from “E-25/Exclusive Farm Use” to “RR-5/Rural Residential”, Adopting an Exception to Statewide Planning Goals 3 and 4; and Adopting Savings and Severability Clauses (File PA 98-1240; Stauffer)
Morrison stated this was a continuation from February 27, 2001 and the decision is subject to plan amendment and rezoning criteria cited in the cover memo. She stated that evidence and testimony must be directed toward the approval of the criteria, and failure to raise an issue to enable a response may preclude any appeal by anyone to LUBA.
Morrison asked if there were any ex-parte contacts.
Weeldreyer stated she had maintained communication on the process but had not discussed the merits of the case with the Stauffers. She reported no conflict of interest or anything that would bias her.
There were no conflicts of interest from the other commissioners.
Jerry Kendall, Land Management, reported this is a vacant 3.39-acre parcel, located on the west side of Florence Avenue, three-fourths of a mile west of the City of Creswell. He stated the planning commission heard the matter on January 5, 1999 and recommended approval by 5-1. He added the item came before the Board before and the former agent neglected to cure some major omissions in the findings, including proper statistical analysis for the RR2 designation (changed to RR5). He said they also didn’t address Goal 14 and key points of the Oregon Administrative Rules dealing with exceptions. He said the Board had denied the proposal, it was appealed to LUBA and later drawn back by the County to offer this chance for reconsideration. He noted the owners hired Steve Cornacchia to represent them.
Kendall said the average parcel size comes in below the 7.5-acre medium point, at 3.51 acres, justifying an RR5 designation.
Kendall stated the committed lands exception is noted (as per the findings) and one of the key guidelines was that parcels of 20 acres or less with dwellings on three or more adjoining sides are committed to non-resource uses that make it impracticable to conduct farm/forest management. He noted the surrounding property was adjacent to rural residential property. He stated that Goal 12 had been satisfied. He received a telephone from DLCD and they had no objection to this request since it had been revised with the RR5 designation. He said Land Management was supporting recommendation for approval of the request.
Commissioner Morrison continued the Public Hearing from February 27, 2001.
Steve Cornacchia, 180 E. 11th Avenue, Eugene, stated he represented the Stauffers. He noted the average parcel size in the are is 3.51 acres. He added the Stauffers were asking for a five-acre zoning and to reach the threshold for a five-acre zoning, they had to show the average parcel size was less than 7.5 acres. He said they are converting to rural residential and at five acres, they are under case law, administrative rules and statutory application in Oregon. He reported the water would come from a well on the property and the sewage treatment will be an on-site system.
Cornacchia explained they converted the whole application to a five-acre application instead of two acres and addressed the criteria for five acres. He noted they made over 376 changes to the findings of fact. He noted the Stauffers were originally represented by Tom Miller and he recommended they pursue a rezoning to two-acre parcels. He said their intent was to build a house to raise their family.
Cornacchia said the exclusive farm use zoning on the property prevents them from establishing their home under the current zone. He noted they have to show they could produce $80,000 in income on an agricultural piece to establish a dwelling. He added this piece of property had not had any agricultural use on it for at least 50 years. He explained for them to live on their property, they would have to have it rezoned. He said the original application was for a two-acre rezoning and the planning commission and their neighbors in the area supported that proposal. He noted the application approved by the planning commission was found by the planning staff to be inadequate. He said the Board of Commissioners offered several opportunities for Miller to provide the necessary information and findings of fact necessary to support the application and those opportunities were never acted upon and the Board denied the application.
Cornacchia declared they have a new application that meets the State of Oregon and Lane County requirements for rezoning better than the original two-acre proposal. He said the application had been modified to request five-acre rural residential zoning and calls for two residences.
Cornacchia explained the land is vacant and the soils on the property are predominantly class 3W and 4W. He said the soil conditions were the reason the property had not been farmed.
Cornacchia stated there were 11 dwellings located on properties that abut the subject property. He said that Lane County’s working papers on developed and committed lands provide policy guidance for determining if the property is not practicable for agricultural. He said in general, the policy provides that in smaller acreage parcels (20 acres or less) with dwelling existence of 2, 3 or 4 sides, makes agricultural use impracticable. He noted that Lane County staff agreed that the case for impracticability had been made. He said the modification for the application to allow for five-acre zoning provides the zoning scenario as rural residential, not urban. He added they have neighboring property owner support. He passed out a map showing the properties surrounding the subject property within one-fourth mile (Copy in file.) and the owners who signed a petition.
Fred Stauffer, 82885 Florence, Creswell, thanked the Board for rehearing this. He noted that his son worked hard to get this to come through.
Fred Stauffer, Jr., 1101 Cedar Court, Creswell, thanked the Board and staff for giving him direction. He said that he had no opposition from his neighbors during the hearings. He wants to raise his family on this property and asked the Board for their vote of approval.
Crystal Stauffer, 1101 Cedar Court, Creswell, thanked the Board for hearing this again.
There being no one further signed up to speak, Commissioner Morrison closed the Public Hearing.
MOTION: to adopt Ordinance PA 1148.
Weeldreyer MOVED, Green SECONDED.
ROLL CALL VOTE: 5-0.
Dwyer said he normally is against encroachment of development, but the action they took was appropriate.
Weeldreyer thanked the Board for its patience in allowing the time necessary and rehearing the new information and allowing the changes that were made in the application.
Green noted it was rare that the Board would take the action they did. He said they passed this for all the right reasons.
Morrison stated it shows that not everything fits the mold.
13. OTHER BUSINESS
14. COMMISSIONERS' ANNOUNCEMENTS
Sorenson reported that he attended NACo meetings in Washington, D.C. He met with the Amalgamated Transit Union about bus rapid transit and an idea he had been developing with LTD. He said he would be hosting an informational forum on TransPlan on March 27 at EWEB. He reported that the LRAPA board had been discussing an application that the Springfield Utility Board had filed to burn diesel fuel with 18 generators in Springfield producing electrical energy.
Green recognized Jeff Bishop and Larry Gibbs for their replacement program for thermometers. He announced that he would be at the Hult Center on Saturday for the ACT-SO Youth Program competition based on arts and sciences.
Weeldreyer announced that the AOC priority for communications focused on a bill that Senator Beyer had introduced. She noted she was on-call to work on that piece of legislation. She noted that Morrison’s opinion article from The Register-Guard on county services was widely copied and distributed as a good model for other counties to use for their own newspapers.
Morrison said she would be attending the United Front in Washington, D.C. She planned on attending the Florence Future meeting in Florence. She was asked to be on the selection committee for the Region 2 replacement for Gary Johnson at ODOT. She also attended the NACo meetings in Washington, D.C.
15. PUBLIC WORKS
a. ORAL REPORT/TWENTIETH 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, reported that MPC met last Thursday to discuss TransPlan to take action on unresolved issues. He noted that staff had made a recommendation to MPC that they deal with the balancing of the ODOT capital project budget. He said the four projects at the time of the list are changes in project costs that add to ODOT costs in the 20-year project list, totaling $51.5 million. He said they added the section of Beltline between River Road to Delta into the constrained list from the future list. He noted the City of Eugene recommended adding the I-5 Franklin Interchange from the future to the constrained at $25 million. He added there had been an increase in the I-5/Beltline costs due to the environmental work that had been done to analyze alternatives, so they are recommending a $15 million increase and recommending $750,000 for a study on I-5 interchanges.
Stinchfield said staff recommended the four projects in the bottom half of the list to be moved to the future list from the 20 year constrained list: I-5 Franklin, Main Street Interchange Project on the McKenzie Highway be moved to the future list and I-5/30th be moved to the future list from the constrained list. He noted the McVay Highway realignment (the Bloomberg connector) would remain in the constrained list as a separate project as the Board had recently funded that in the CIP. He said the last project is on I-105 on the Washington/Jefferson Street Bridge (northbound lane would continue the third lane across the river to the Delta Highway exit) and they recommended that it be delayed. He noted the southbound project remains in the constrained plan and part of that had been funded in the STIP to fix the connection of Delta Highway southbound to I-105.
Dwyer said TransPlan needed to be adopted and there needed to be a balance with the projects.
MOTION: to move that the Board accept the recommendations of the MPC with regards to the projects.
Dwyer MOVED, Green SECONDED.
Weeldreyer stated that with the I-5/30th improvement for the flow of traffic to the LCC Basin, that an investment in the interchange would accelerate the urbanization of the basin. She wanted people to know it was more a life/safety issue than a land use issue for that investment.
VOTE: 4-1 (Weeldreyer dissenting.)
Stinchfield reported that MPC was also able to reach unanimous consent on nodal development. He said there was an issue on whether the plan did enough to ensure that nodal development would be supported by the plan. He said staff worked on this and developed an estimate as to what had been spent on planning for nodal development areas to date and came up with a $5 million estimate. (For nodal development planning in the future, based on $150,000 study per planning node, at 30 nodes plus an additional $500,000 for general planning.) He noted the source of the funds would be transportation growth management grants that had not been included in the capital budget at $1.6 million and $3.4 million would come from revised estimates from local STP dollars. He said that MPC discussed this, and recommended it. He added there was a change to the wording after it came from the staff so the language that said that it would be a mix of local discretion STP, TGM grants and other funding sources. He added that Springfield asked that the other funding sources be added so that there was flexibility for funding nodal development. With regard to nodal development, the agencies are trying to reach agreement to include language that they would meet annually to discuss the progress on nodal development. He didn’t expect any of the $5 million planning money to come from Lane County.
MOTION: to move approval of this part of the MPC recommendation.
Dwyer MOVED, Green SECONDED.
Stinchfield reported there was a lengthy and intense discussion at MPC on the finance policy that had been debated regarding setting priorities for capital investment and maintenance. He said it was a deadlock between the City of Springfield and the City of Eugene and there was a vote taken to move that. He said the City of Eugene made a motion to add the policy as they had drafted it. He said that failed on a vote of 2-4 with one abstention. He said it was Springfield’s position that the policy was not moving. He said Eugene did not agree that the policy was not needed.
Stinchfield noted the other area they could not resolve was Sorenson’s letter and to what extent changes had been made. He said that Pat Hocken, LTD, suggested to the City of Eugene that they as a group have to consider the items they are still debating and make specific recommendations back to MPC on how the plan should be changed. He noted that the Eugene City Council would have a work session on April 4 to discuss this. He recommended setting the next reading for the Twenty-first Reading for April 18.
MOTION: to approve a 20th Reading and Setting a 21st Reading and Deliberation for April 18, 2001 on Ordinance PA 1132.
Green MOVED, Dwyer SECONDED.
Sorenson was concerned about balance in TransPlan.
Stinchfield responded the plan is in balance, that the constrained plan was recommended with the generalized strategy to work with the operations, maintenance and preservation gap in the two cites with the current wording. He noted that the language stated it is done generally, not specifically. He said they couldn’t realistically state where money would come from and how well they would be able to maintain the streets. He said it would be a long-term discussion about funding.
Sorenson said the proponents of the tax revenue had yet to identify how they would fund this. He said they were anticipating revenue for maintenance based upon a fee that was not approved. He said after all the work, there isn’t a proposal on funding.
Morrison responded it was necessary to have it identified in the plan as part of the planning process.
There being no further business, Commissioner Morrison adjourned the meeting at 3:25 p.m.
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