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Approved 2/2/00

January 19, 2000


Harris Hall Main Floor - 1:30 p.m.

Commissioner Peter Sorenson presided with Commissioners Bobby Green, Sr., Anna Morrison and Cindy Weeldreyer present. Bill Dwyer was excused. County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.


a. SECOND READING AND PUBLIC HEARING Ordinance PA 1146 Amending the Rural Comprehensive Plan to Redesignate Land from "Forest" to "Marginal Land" and Rezoning that Land from "F-2/Impacted Forest Lands" to "ML/Marginal Land," and Adopting Savings and Severability Clauses (file PA 98-5149; Leith)

Sorenson reported that this is a decision subject to plan amendment rezoning criteria cited in the agenda cover memorandum and attachments, evidence and testimony must be directed toward the approval criteria. He added failure to raise an issue to enable a response may preclude appeal to the Land Use Board of Appeals. He noted this is the opportunity for those present to enter information into the record and only those persons who qualify as parties may appeal the decision of the Lane County Board of Commissioners to LUBA.

Sorenson called for disclosure of Board members’ ex parte contacts due to conflicts of interest.

There were no conflicts from the Board.

Jerry Kendall, Land Management, reported that the subject property is 43.39 acres, located on Wallace Creek Road, north of Jasper. He noted that if approved, this application would allow the property owner to divide the property into two parcels, and one currently exists. He said they would be allowed two parcels through a subsequent partition with a home on each. He stated the marginal lands criteria is a two-tiered test, a history of resource use that requires that the applicant show the subject property was not used as a farm operation or in conjunction with neighboring property. He said the second portion of the income test is that the subject property not be capable of grossing $10,000 annual over the growth cycle, either with the subject property itself or in conjunction with the surrounding properties. He said the applicant has submitted documentation in the record showing that the property is only capable of $560 annual per year. He noted the second portion of the test is either a soils capability test (that this applicant has chosen) or a parcelization test. He reported he did not choose that option. He said for the soils test, the subject property is shown to be 52% agricultural capability classes 5-8 (that qualifies) and also that the subject property is capable of producing only 15.9 cubic feet per acre per year, below the threshold of 85 cubic feet per acre per year. He said the planning commission reviewed the matter on March 16, 1999 and they recommended approval, as does staff.

Commissioner Sorenson opened up the Public Hearing.

Harry Taylor, Land Use Consultant, P. O. Box 1420, Veneta, stated he was the agent for the owner and applicant, Ann Leith. He reported the property is 43 acres of open grass land and does not have a history of farm or forest use. He noted the owner cuts the grass for fire control. He said there is a house on the eastern part of the property that is gradually sloping toward the west. He said his client wants to be able to split the property to build a new residence on the rear or the eastern 20 acres. He noted that a land partition would be required subsequent to this action, if it is approved. He said the application has addressed the approval criteria, the comprehensive plan policies and they have commissioned individual reports on farm and forestry capability. He said they have prepared findings of fact. He noted that Goal 4 Policy 3, does provide for forest lands that meet the standards in the requirement of ORS 197247 and can be redesignated and rezoned to be marginal lands.

Taylor stated the past three to five years that preceded January, 1983, the gross annual income was $20,000 and an affidavit was supplied from the daughter of the owner of the property (owning the property from 1941 to 1990). He said that by the statutory requirement, the property did not produce near the level of the income. They indicated they had a few cows as a hobby but nothing commercial. He said there was a report in the file that concluded the proposed zone was consistent with the limited capabilities of the property. He noted the second part of the test was that the property not be a forest operation or capable of producing $10,000 in gross annual income over the growth cycle. He said they hired a professional forester and they found that there was only four acres of the property that would be suitable and that coincided with the soil conservation service mapping. He said it equates to $560 of gross annual income over the cycle, far below the $10,000 threshold. He added 52% of the property of the soils in class 6 (class 5-8 needs to show predominance). He said that 91% of the property has non-forest soils. He noted the property is not in a water quality or quantity limited area as defined by the Lane Manual, and does not receive a farm or forest deferral. He said no other resource values of the property have been identified. He stated they find the neighboring area is generally developed at a density that is consistent with what they are proposing to do by a marginal lands zoning of the property. He requested the Board approve this.

There being no one further signed up to speak, Commissioner Sorenson closed the Public Hearing.

Weeldreyer recommended approval of this application.

MOTION: to approve Ordinance PA 1146.

Weeldreyer MOVED, Morrison SECONDED.



Morrison noted there will be proposed rule changes on Goal 14 by LCDC. She said there have been concerns by counties and small cities about the cost involved on the periodic review and plans that have already been adopted. She noted that the Lane County Board of Commissioners had not formally taken an action nor has the planning department. She said she would support asking for an extension to respond. She said a public process will be held within the next week and on the 27th and 28th of January, LCDC will adopt whatever policies they develop and implement them on April 30.

Vorhes reported the Goal 14 Rule is the urban rule for urban growth areas and the interface between urban and rural, dealing with existing cities and rural communities. He noted the proposed rule is coming out of an extensive work effort that the commission had been going through. He said he didn’t know how involved the Lane County Planning Department was.

Weeldreyer requested a staff report that she and Morrison could take to the Community Building and Infrastructure Committee on Friday.

Green suggested that if the committee is meeting and taking a recommendation, Lane County hadn’t had ample time to review this. He said the Board could express concerns at that time, making them aware, before it gets through AOC’s adoption process.

Sorenson suggested that commissioners who plan on attending meet with Kent Howe to confer.

There being no further business, Commissioner Sorenson recessed the meeting at 2:00 p.m.

Melissa Zimmer

Recording Secretary


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