APPROVED 1/23/96

November 8, 1995
BOARD OF COMMISSIONERS' PUBLIC HEARING
Harris Hall Main Floor - 7:00 p.m.

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

1. SECOND READING AND PUBLIC HEARING/Ordinance PA 1078/In the Matter of Adopting an Amendment to the City of Florence Comprehensive Plan to Redesignate Property Within the Florence Urban Growth Boundary From "Industrial" to "Residential"; and Adopting Savings and Severability Clauses (file PA 3854-94; Morales).

Dumdi read this Ordinance into the record. Michael Copely briefly reviewed the staff report (see material on file) using overhead projection. He highlighted the opposition to the proposal as contained in the packet. Rust asked whether the City could have moved forward with annexation if they had not changed the plan designation. Copely replied affirmatively. Copely indicated that the timing on a contract annexation involves approximately three or four months at a minimum. Responding to Dumdi, Copely reported that Tax Lot 200 is presently zoned residential.

Dumdi opened the Public Hearing, after providing some information from letters she received into the record, including:

Letters in opposition from:
Dr. and Mrs. Richard Ulman
Philip Wiener
Richard Chandler
Gary Zieske
John Taylor
Wilbur Dehne

Phone calls in opposition from:
Richard Wagner
Claude Silva
Jerry Jacobsen
Frederick Wilson
Del Malmstrom
Glen Gertsen
Steven Kaufman
Mr. Ingraham
William Harding
Bert Newberry

Dumdi declared ex parte contacts in terms of the letters and phone messages listed above, plus contact with Mr. Zieske, who faxed his letter for the record. She indicated that she had also talked to Laura Gillispie and Bruce Mower some time ago. Dumdi stressed that none of the contacts would bias her in any way.

Cornacchia asked for the recommendation of the Planning Commission. Copely stated that they recommended that the amendment to the city plan not be approved and that their issues are included in the staff report, as well as their meeting Minutes. He summarized that the impetus of their concern is that they wished that the City and the Gun Club could negotiate a solution.

Tony Tantalo - chose not to speak.

John Smith, 07341 Fiddle Creek Rd., WestLake, indicated that he is president of Siuslaw Rod and Gun Club. He described the facilities at the site. Smith observed that they had received a grant from state wildlife to fence the property and had built a woven wire fence completely around the site, except for the highway side. He summarized that their main objection is that with residential development, they will lose control of who trespasses. Smith observed that there is a natural buffer on Lot 200.

Bruce Mower, P.O. Box 1504, Florence, stated that he is the secretary of the Siuslaw Rod and Gun Club. He indicated that their concerns involve the fact that they feel a residential zone adjacent is incompatible with their use there and could result in 300 individual residences. Mower observed that it is impossible for anybody to speak for how the proposed residents would feel living next to a rifle range. He commented that lawsuits could be an issue. Mower remarked that they are not opposed to all development, noting that industrial would be more compatible. He stressed that it would be extremely difficult for the club to relocate. Mower noted that Options 2, 3 or 4 are preferable. He presented a letter to the Board from another party and gave Dumdi a copy of his written comments (see material on file).

Laura Gillispie, 05291 Darr Rd., Florence, commented that she is here as agent for Victor Morales, along with Ed Haworth, the former Florence planning director, and the new planning director, John Thylacker. She observed that this is a joint effort for Morales and the City of Florence. Gillispie explained that what has happened is a ring annexation. She provided a color map which highlighted the zonings. Gillispie indicated that the city has used the ring annexation method because without doing that, it won't be added to the city's tax base in order to provide services. With regard to development of the property, she observed that it is unlikely that development would be as dense as Copely's conceptual drawing and that most property around the area is zoned residential. Gillispie pointed out that this property borders the gun club at the far southeast corner and its impact would be less than from other residential properties. She stated that the gun club, as the non-conforming, pre-existing use, must take the lead in providing safety so it doesn't interfere with the uses around it. Gillispie explained that while the gun club, in order to operate anything other than training, could operate under the PR zoning, they must have an exception to the state goal which has never been taken. Copely clarified that since the Rod and Gun Club predates all of this, it is a legitimate pre-existing use.

Ed Haworth, P.O. Box 266, Lowell, indicated that he is the prior Community Development Director in Florence. He clarified that this is in a ring annexation which means that if the Board decides to deny the proposal, the city could go ahead and annex the property and proceed with rezoning. Haworth stated that the reason for the contract zoning is it allows the County to proceed with development plans and then the city annexes when it is developed, thereby obtaining the advantages of the development for tax purposes. He remarked that it is the city's position to proceed ahead as it is inevitable that that land will be considered for urban development, most likely residential.

John Thylacker, current Community Development Director for Florence, remarked that he is here tonight to serve as the city's representative and is requesting that the Board adopt the ordinance as presented.

There being no one further who wished to testify, Dumdi closed the Public Hearing.

Dumdi expressed concerns that the usage of the gun club property is longstanding, noting the difficulty in trying to find another location for the gun club. She indicated that while it may be possible to create a buffer zone between the properties, she is not sure that answers the problem. Dumdi stated that she would prefer not to move forward with the rezone because of the impact on a long-established facility.

Cornacchia observed the city's inevitable growth and the fact that in time the Gun Club is going to be surrounded. He noted that it would be virtually impossible to build and place a gun club in another location. He expressed hope that growth and the tax base would not be main considerations and that there can be some reasonable, creative planning process on this matter.

Rust indicated that his heart is with the Rod and Gun Club, but his head says something else is going to happen. He noted that UGB's are set up so growth can move logically. Rust agreed on a need for some creative way to use berming and expressed hope that the city will negotiate. He indicated, however, that if there was a motion to approve the ordinance, he would be compelled to vote for it.

Rust suggested carrying this matter over to November 21 at 11:00 a.m., with the suggestion to the city to get together and see if there can't be a spirit of cooperation/mitigation. Haworth suggested that, in deference to Thylacker (who has only been on the job for 3 days), a longer time period may be appropriate. Cornacchia observed the need to communicate to the city that there is some financial benefit to Florence if the Board does the rezoning and the contract annexation. Dumdi concurred with trying to work out an agreement.

MOTION: Suspend action until November 21 at 11:00 a.m. time certain for a report back, keeping the record open for submittal of additional information. Rust MOVED, Cornacchia SECONDED. Cornacchia commented that he doesn't really want to hear from the city or the gun club prior to that date. VOTE: 3-0.

There being no further business, this meeting adjourned at 8:15 p.m.

 

Sharon Giles, Board Secretary