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December 17, 1997
BOARD OF COMMISSIONERS' REGULAR MEETING
Harris Hall Main Floor - 1:30 p.m.

Vice-Chair Steve Cornacchia presided with Ellie Dumdi, Bobby Green Sr., and Peter Sorenson present. Cindy Weeldreyer was excused. Tarra Withers, Recording Secretary.

13. COMMISSIONERS' ANNOUNCEMENTS

None.

14. PUBLIC HEARINGS

a. SECOND READING AND PUBLIC HEARING/Ordinance No. 13-97/In the Matter of Amending Chapter 16 of Lane Code to Revise the Temporary Hardship Manufactured Dwelling Provisions in the Suburban Residential (RA-RCP) and Rural Residential (RR-RCP) Zones and Declaring an Emergency (LC 16.229(2)(c) & 16.231(2)(c)).

Jim Mann, Land Management, stated this ordinance adds a broader definition to relatives, and if a temporary mobile home has to be moved onto the property to provide care for the person living in the residence, then the person living in the temporary mobile home does not have to be a relative.

Cornacchia open the public hearing.

There being no public comments, Cornacchia closed the public hearing.

MOTION: Approval of the Ordinance.

Green MOVED, Dumdi SECONDED.

The Board secretary polled the Board. VOTE: 4 Ayes.

b. SECOND READING AND PUBLIC Hearing/Ordinance PA 1103/In the Matter of Amending the Rural Comprehensive Plan to Redesignate Land from "Agriculture" and "Forest" to "Nonresource" and Rezoning that Land from "E-40/Exclusive Farm Use" and "F-2/Impacted Forest Land" to "RR-5/ Rural Residential 5", and Adopting Savings and Severability Clauses (file PA 1936-97; Welsh).

Cornacchia explained that the nature and purpose of this hearing and rules is that the decision was subject to plan amendment and rezoning criteria and that evidence and testimony must be directed toward the approval criteria. He said failure to raise an issue to enable a response may preclude an appeal to LUBA. Cornacchia announced the opportunity for submission of information of appeal and that only persons who qualify as a party may appeal the Board’s decision to LUBA. Cornacchia called for disclosure among Board members for any ex parte contacts.

Sorenson stated individuals had approached him at a City Club meeting; however, he informed them that he had not read the material and all material should be submitted in writing or presented at the hearing. Sorenson stated Christian Kaylor had called him and said he would attend the hearing. Sorenson stated he had received a letter from Mr. Orium.

Green stated he had no ex parte contacts except for the letter sent by Mr. Orium.

Dumdi stated she had no ex parte contacts except for the letters received.

Cornacchia concurred with Green and Dumdi and stated he had a conversation with Mr. Farthing and Mr. Fodor about time frames.

Michael Copely, Public Works, gave a staff report and noted some materials to be submitted for the record. Copely stated he had received several letters from the following individuals: Mr. Fodor, Mr. Mitchell, Mr. Mooser and Ms. Poynter, and comments from DLCD (Department of Land Conservation and Development) (see material on file). Copely stated DLCD recommends that the proposal not be adopted and the land has capability for farm and forest use (see material on file). Copely stated he had received a letter from Tom Lawrence. Copely referred to a map showing the location of the property. He stated the applicant had submitted extensive documentation arguing the land had limited to no resource capability in the sense of the State Wide Planning Goals, specifically Goal 3, 4, and 5 (see material on file). Copely stated although the Lane County Planning Commission gave approval for the application, questions were raised about Tax Lot 4500 (see material on file 12-03-97 Item 7.b.). Copely stated although there is some concerns about the northwest quadrant with respect to forestry capability, staff recommends approval of the application.

Cornacchia opened the public hearing.

Jim Welsh, 2300 North Flower Street, Santa Ana, CA, stated he had brought two land use consultants, Mr. Farthing and Mr. Taylor, to answer any of the Board’s questions. Welsh stated at the Planning Commission hearing, two of the six Planning Commissioners received a rebuttal to their concerns of the steep slopes and erosion potential on Tax Lot 4500. Welsh presented photos to the Board from the entry area of the site (see material on file). Welsh stated that BPA had purchased about seven acres from Joyce Comer, and their intent was to build a substation that would serve Lane Electric CO-OP. Welsh said that when working with BPA to build the substation, BPA did not follow through with their promise to make the site look as best as possible. Welsh stated with the assistance of a landscaper and some financial assistance from BPA, he was able to improve the landscape. Welsh stated he had spoken with John Edder, Parks Department, to seek input on the proposal that would encompass a bike trail and a place to park vehicles.

Harry Taylor, P.O. Box 1420, Veneta, stated he was a land use consultant hired by Mr. Welsh. Taylor made reference to the various reports submitted by consultants responding to issues of agriculture, transportation, slope stability, and groundwater analysis (see material on file 12-03-97 Item 7.b). Taylor stated the applicant’s land is outside the metro-plan boundary. Taylor stated there was no timber on the property, and that most of the existing trees were oak. Taylor stated 78% of the land is Class C land and 73% of the land is non-forest land.

Mike Farthing, P.O. Box 1147, Eugene, stated he had represented Mr. Welsh for over 10 years. Farthing stated Taylor’s job was to prepare an application that would address all the applicable criterion. Farthing said Taylor’s report not only addressed all the criterion, but most of those experts were present to answer any additional questions. Farthing said the letters submitted to oppose the application lacked evidence to support the allegations, didn’t address the applicable criteria, or the allegations were not accurate.

Responding to Sorenson’s concern on the letter submitted from DLCD (Department of Land Conservation and Development), Taylor said DLCD’s concerns could be addressed on page 7 and 8 of Mr. Deys’ report (see material on file). Taylor stated he would discount DLCD arguments for the forestry, based on recent Board decisions regarding forest capability.

Copely stated the Lane County Soils Rating Forestry and Agriculture was the document used by the division since August of 1997, which focuses on soil capabilities for agriculture and forest. Copely said this document was one the staff used to help determine their recommendation of approval.

Pauline Rughanu, 32691 Hawks Landing, Eugene, stated she supported the proposal. Rughanu said Welsh was a steward of the land. Rughanu stated Welsh was specific that no fences could be in the area, and Welsh had placed a tree protection clause that trees could only be cut for the placement of a home or the tree was diseased.

Scott Sande, 530 Lynnbrook, Eugene, stated he was in favor of the application. Sande said in the forty years he had lived in the area, the area has remained the same. Sande stated Welsh’s development of Ox Point shows his professionalism. Sande said the only concerns he has heard is what the view would be from the trail.

Bill Metzker, 85080 Ridgetop Drive, Eugene, stated he supported Welsh’s plan. Metzker made reference to the lot as a possible buffer for the Eugene Growth Boundary (EGB), and Welsh’s input to help stop the development of a prison on Dillard Road. He said Welsh was a responsible developer.

Kathy Bruebaker, 1255 Pearl Street #100, Eugene, stated she was representing the Home Builders Association of Lane County. Bruebaker said she concurred with Farthing’s comments. Bruebaker stated the land was more suited for housing than for farming.

Terry Gent, 32599 Skyhawk Way, Eugene, stated he supported the applicant’s proposal. Gent referred to the map showing the location of his property and said because of where his property is located he would probably be the most impacted. Gent said although he was not a forester, he grew up in the industry and there was no information to support the resource designation. Gent said an example in how Welsh was a good steward was when he prevented a potential accident by removing some trees that were blocking the view of the road.

P. Yuri Samer, 3940 Hilyard, Eugene, stated he had written the grant that expanded the Ridgeline trail and helped lay out the trail. Samer stated he was co-chair of the Oregon Mountain Bikers. Samer requested correction of the record and said Mr. Welsh did cooperate by allowing access to construct the trail; however, no input was sought from Mr. Welsh in the expansion of the trail. Samer said the habitual trespassing problem probably occurs in the area where the common law recreational corridor exists between the crest of the ridge line on Dillard Road and LCC. Samer expressed concern with the traffic management for the access to the mountain trail.

Linda Pauley, 84773 McBeth Road, Eugene, stated she was testifying on behalf of herself and Land Watch Lane County. Pauley said her group was concerned with the number of exceptions and zone changes. Pauley stated zoning is supposed to be a trust between the citizens and the government so that people could plan and know what would happen in the future. Pauley stated with the amount of changes occurring, that trust was being broken.

Kathey Wasil, 84517 S. Hideaway Hills Road, stated Dillard Road is being swamped with new development. Wasil expressed concern for the level of traffic on Dillard Road and the hairpin turns on the road.

Kevin Aaron, 534 W. 11th, Eugene, stated he was strongly opposed to the change in the land designation from farm and forest to non-resource.

Rich Fairbanks, 37290 Wheeler Road, Pleasant Hill, stated he worked in forestry since 1972. Fairbanks expressed arguments on the suitability of the property for forest management (see material on file).

Ebon Fodor, 394 E. 32nd Avenue, Eugene, stated he was a professional land use planning consultant and was representing several clients who live near the applicant’s property (see material on file). Fodor stated he objected to the time allotment for public comment because there wasn’t enough time to rebut the application, which is between 500-600 pages. Fodor said a reason why the application was so extensive was because there was an incentive to rezone the land. Fodor said Mr. Welsh did not purchase residential land, but that he bought farm and forest land and paid farm and forest land prices which was cheaper than rural and residential land. Fodor stated the reason Welsh was able to purchase the land so cheaply was because the land was resource land, protected by state land use laws. Fodor expressed concerns in the applicant’s application (see material on file).

Michael Mooser, 32468 Dillard Road, Eugene, stated the December 1996 branch engineering report did not adequately address the traffic problem on Dillard Road as the report did not include the bicycle traffic and the parking congestion to use Ridgeline trail (see material on file).

Chrisiten Kaylor, 4840 Mahalo Drive, Eugene, stated he opposed the zoning change. Kaylor referred to Lane County Code that lists five conditions in which the Rural Comprehensive Plan should be amended (see material on file).

Sue Wolling, 85219 S. Willamette, Eugene, encouraged the Board not to accept the rezoning of land on Dillard Road. Wolling said there was plenty of land within the urban growth boundary to accommodate Eugene’s projected growth for the next 20 years. Wolling stated there was no need to rezone the land for residential use.

Greg McLauchlan, 2401 W. 22nd Avenue, Eugene, stated he is president of Friends of Eugene, a local land use and planning organization affiliated with 1000 Friends of Oregon. McLauchlan stated at the December 15, 1997 meeting, the board of directors opposed the rezoning request for case PA 1936-97. McLaugchlan outlined several reasons why the organization opposed the zone change (see material on file).

John Proctor, 4198 Blanton Road, Eugene, stated he probably had the same soil type as the applicant’s. Proctor stated it was possible to grow profitable trees on the applicant’s land. Proctor said there should be more filling in of development within the urban area.

Nena Lovinger, 40093 Little Fall Creek Road, Eugene, stated the urban growth boundary exists around Eugene to stop residential sprawl and help conserve the natural landscape. Lovinger said she opposed Welsh’s request to rezone 150 acres outside the Eugene Growth Boundary.

John Moriarty, 342 Rosewood Avenue, Eugene, stated he is secretary for the Many Rivers Group. Moriarty said the group, which has nearly 2500 members, opposed the applicant’s request to rezone his property. Moriarty outlined several reasons why the Many Rivers Group opposed the rezoning request (see material on file).

John Brawco, P.O. Box 271, Creswell, stated for the last 11 years he had owned commercial forest land similar to the applicant’s. Brawco stated he has been able to grow successful timber crops because he paid attention to the site and actively managed the land. Brawco said when he hiked the Ridgeline trail he had not seen active management on the applicant’s property.

Bev Hollander, 1617 E. 43rd Eugene, stated she was a steward of the land. Hollander said the area under consideration for rezoning was in a big game area. Hollander said the majority of the parcel was step, and the water tables were significantly in the E-40 zone. Hollander expressed concern with the power easements.

Cornacchia said when individuals submit written comments on the day of the hearing, it becomes difficult for the Board to read all the comments and use it as part of their decision. Cornacchia said this hearing had begun in June and in the last month the Board had not received any written testimony.

Dick Pfunder, 2052 S. Shasta Loop, said he was representing the South East Neighbors Homeowners Association, which represents approximately 5000 individuals. Pfunder encouraged the Board to look at the bigger picture relative to Oregon land use and the metro plan.

Betty Taylor, 1051 E. 36th Avenue, Eugene, stated she is a city councilor, however was not speaking as a city councilor. Taylor concurred with most of the comments of those opposing the applicant’s rezoning. Taylor said the citizens of Eugene had recently gone through a long growth study, and if the Board approved the applicant’s request, it would be in violation of the principles of the growth study. Taylor requested the Board carry this hearing to a third reading so that the city council may have an opportunity to make a comment.

Kathy Ging, 2878 Harris, Eugene, stated she is a Realtor. Ging said a retaining wall which was a few feet from the property she had sold showed obvious signs of soil slippage. Ging said this property was near the applicant’s land. Ging said she had concerns with the development on unstable soils.

Jan Spencer, 283 N. Polk, Eugene, urged the Board to reject the applicant’s request. Spencer said this development does not serve the interest of the average person in Eugene. Spencer concurred with the testimony of individuals opposing the applicant’s request.

Cornacchia read Tim Bloch’s testimony for the record (see material on file).

Tom Lawrence, 576 S 46th, Springfield, submitted a written testimony opposing the applicant’s request (see material on file).

Cornacchia asked if the applicant had a rebuttal.

Farthing said the metro plan policies were irrelevant. Farthing stated the area of rezoning as defined by state wide goals was rural land and not urban land. Farthing said by definition from LCDC, urban land requires an incorporated city. Farthing said the Hawks Point subdivision was acknowledged as a non-resource area in 1984 by the Board of Commissioners.

Chris Clamo, 310 North 5th, Springfield, said from a transportation perspective, it was recognized that transportation safety would be an issue. Clamo said after consulting with the Lane County staff, it was determined that the site distance was acceptable. Clamo said Dillard is classified as a major collector within the urban growth boundary and a minor collector outside the urban growth boundary.

Referring to Sorenson’s question on the type of trips on Dillard Road, Clamo said most of the findings in the applicant’s proposal was based mainly on existing trips.

Welsh said out of 40 sales at Hawks Point, one was from California. Welsh stated he did not rezone the Hawks Point projects, but that someone else had done that along with the Dillard Highland subdivisions. Welsh said there was a letter in his application from the McDugal Brothers, who own over a thousand acres of the F1 land, stating the proposal would not have an adverse affect to the adjoining land.

Cornacchia closed the public hearing.

Referring to Linda Pauley’s comments that zoning was a matter of trust with the public, Cornacchia stated that zoning was not a matter of trust with the public, but the land use plan and land use system. Cornacchia said zoning was an outcome of that process and those plans. Cornacchia stated what it comes down to is the process itself and the system which has been in place since 1971. Cornacchia said the Board has proved its commitment to the land use system of this state and the plan with the two recent proposals from Zuse and Aster. Cornacchia stated both those proposals were similar to Welsh’s from the standpoint of geography. Cornacchia said the only issue is whether or not the land is resource or not. Cornacchia stated the Planning Commission and the Planning Staff agreed the land was not usable for resource. Cornacchia said he had read the applicant’s material and the applicant had met the burden within the system.

Sorenson said he had an interest in the transportation piece of this issue, and with 90% of the trips for this development going to and from Eugene, it was the County’s decision to decide whether or not to make a change. Sorenson expressed concern in making a decision opposite of the testimonies about the forest productivity of the site.

Referring to Councilor Taylor’s request for the Board not to take any action so that the council could submit a statement, Green asked Copely how much weight could a comment from the city have since this applicant was outside the urban growth boundary.

Copely said the city could enter the discussion as a participant; however, it was the Board’s decision to hold the record open or make the process available to the city for an official comment.

Vorhes said there was an opportunity for city comment; however, the record was closed and the record would have to be reopened. Vorhes said there was a letter submitted from John Edder, City Parks, that indicated his position was not an official city position, but one of a parks official concerned with city park property.

Green said that land use issues are always intriging and tough, but when it came down to questioning the applicant, Green said he had to ask what was the criteria, did the applicant meet the test, and did the applicant apply the existing rules to the application submitted. Green said in this case, the applicant had submitted the data and documentation that was necessary for the Board’s approval.

Dumdi said this was one of the most thorough applications she had seen since she has been on the Board. Dumdi stated the consultants used in the compilation of the application were local residents. Dumdi said the soil studies was an important issue, and if the land could not produce, it would require a lot of time and money to have something happen with the soil. Dumdi stated that Farthing had a point when he said the property is outside the urban growth boundary and not involved in the metro plan. Dumdi said most of the people who testified did not live in the immediate area and what she heard repeatedly was that individuals like to go out and hike and look at the area. Dumdi made the suggestion for individuals to watch the real estate sales, and if there was a concern about a particular area and the land is put on the market, form a coalition and purchase the land. Dumdi stated she would vote in favor of the application.

MOTION: Approval of Ordinance PA 1103 and include the findings and facts prepared.

Dumdi MOVED, Green SECONDED.

Sorenson stated although the public has the right to raise revenue to protect land by buying parks, there is a significant role and responsibility for the government in providing for the common interest.

Green stated that the request today was to apply the rules that are in existence and the applicant has done that in his application. Green stated he would continue to support the motion.

Vorhes, County Counsel, clarified the findings attached to the ordiance and made sure that there was no additional findings to be submitted.

Farthing stated the applicant was comfortable with the findings.

The Recording Secretary polled the Board.

VOTE: 3-1, Sorenson opposed.

The Board recessed for 10 minutes.

c. PUBLIC HEARING AND ORDER 97-12-17-11/In the Matter of Conveying Christensen Landing, Cinderella and Marshall Island Parks to the Oregon State Parks and Recreation Department.

Bob Keefer, Parks Department, provided an overview of the Order.

Cornacchia opened the public hearing.

There being no public comment, Cornacchia closed the public hearing.

MOTION: Approval of the Order.

Dumdi MOVED, Green SECONDED. VOTE: 4-0.

Green requested that Keefer update the Board in a year following the consolidation of the parks.

15. OTHER BUSINESS

a. ORDER 97-12-17-12/In the Matter of Leasing and Accepting Management Responsibility for Ben and Kay Dorris, and Jennie B. Harris State Parks from the Oregon State Parks and Recreation Department and Authorizing the County Administrator to Sign the Lease Agreement.

MOTION: Approval of the Order.

Dumdi MOVED, Green SECONDED. VOTE: 4-0.

b. ORDER 97-12-17-13/In the Matter of Leasing and Accepting Management Responsibility of Armitage Park from the Oregon State Parks and Recreation Department and Authorizing the County Administrator to Sign the Lease Agreement.

MOTION: Approval of the Order.

Dumdi MOVED, Green SECONDED. VOTE: 4-0.

c. ORDER 97-12-17-14/In the Matter of Accepting Ownership and Management Responsibility for Hendricks Bridge Wayside and H.J. Morton Parks from the Oregon State Parks and Recreation Department.

MOTION: Approval of the Order.

Dumdi MOVED, Green SECONDED. VOTE: 4-0.

d. PUBLIC HEARING and ORDER 97-12-17-15/In the Matter of Leasing and Transferring Management Responsibility of Jasper County Park to the Oregon State Parks and Recreation Department and Authorizing the County Administrator to Sign the Lease Agreement.

Cornacchia opened the public hearing.

There being no public comment, Cornacchia closed the public hearing.

MOTION: Approval of the Order.

Dumdi MOVED, Green SECONDED. VOTE: 4-0.

17. OTHER BUSINESS (Continued)

d. ORDER 97-12-17-16/In the Matter of Granting Authority to the County Administrator to Approve, Sign, and/or Terminate Park Caretaker or Concessionaire Contracts, Real Property Agreements, Intergovernmental Agreements, and Other Agreements Associated with Implementation of the Parks Consolidation Plan.

MOTION: Approval of the Order.

Dumdi MOVED, Green SECONDED. VOTE: 4-0.

e. RESOLUTION AND ORDER 97-12-17-17/In the Matter of Accepting a County Opportunity Grant from the Oregon State Parks and Recreation Department for Development of Phase 2 of the Richardson Park Campground, Appropriating $150,000 in Fund 16, and Delegating Authority to the County Administrator to Sign the State/Local Agreement.

MOTION: Approval of the Order.

Dumdi MOVED, Green SECONDED. VOTE: 4-0.

18. EMERGENCY BUSINESS

a. ORDER 97-12-17-18/In the Matter of Approving an Intergovernmental Agreement with Lane Council of Governments for the County’s Share of a Study To Review The Strategy and Costs of Conversion of Airs From Mainframe to Client Server Technology.

Bill Van Vactor, County Administrator, provided an overview of the Order.

MOTION: Approval of the Order.

Dumdi MOVED, Green SECONDED. VOTE: 4-0.

b. ORDER 97-12-17-19/ In The Matter of Approval of Disputed Claim Settlements Regarding The Workers’ Compensation Claims of James Foster, Larry Davis and Jerry Mosegard.

Teresa Wilson, County Counsel, stated this Board Order came from the executive session.

MOTION: Approval of the Order.

Dumdi MOVED, Green SECONDED. VOTE: 4-0.

There being no further business, this meeting adjourned at 4:50 p.m.

 

Tarra Withers, Recording Secretary

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