June 14, 2000

Harris Hall Main Floor

1:30 p.m.


Commissioner Peter Sorenson presided with Commissioners Bill Dwyer, Anna Morrison 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 also present.




a. SECOND READING AND PUBLIC HEARING Ordinance PA 1150 Amending the City of Florence Comprehensive Plan to Redesignate Land from “Residential” to “Commercial”, Rezone that Land from “RA/Suburban Residential” to “CT/SR” (“Tourist Commercial with Site Review”); and Adopting Savings and Severability Clauses (File PA 99-6090; Driftwood Shores).


Sorenson noted that this is a land use matter that is subject to plan amendment rezoning criteria are cited in the agenda cover memorandum and attachments.  He said there will be a briefing on the matter and then a public hearing and evidence and testimony submitted to the Board must be directed to the approval criteria and failure to raise issues to enable a response may preclude appeal to the Land Use Board of Appeals.  He noted that this would be an opportunity for those present to enter information into the record and only those persons who qualify as a party may appeal the Board’s decision to LUBA.


Sorenson called for disclosure of any ex-parte contacts.


There were no ex-parte contacts.


Jerry Kendall, Land Management, reported it is a plan amendment and zone change for property located east of the Driftwood Shores Resort within the urban growth boundary of Florence.  He said because the property is in the urban growth boundary, the County must co-adopt any plan change undertaken by the City of Florence.  He said they approved the plan change in August 1999 and the County has sold jurisdiction over the zoning within the urban growth boundary.  He noted no exception to resource goals is required in this application.  He reported the impetus by property owners was for overflow parking.  He said it was important to note that under the application the owner (if the application is approved) will be able to utilize any of the land uses allowed in the tourist commercial zone.  He noted this is on the plan amendment and zone change.


Kendall stated the City of Florence approved this by a 5-0 vote in August 1999, with five conditions that they wanted safeguarded and implemented.  He noted these are in his cover memo (copy in file.)  He said the first three will occur under the County’s site review approval (a planning director level review) and the fourth and fifth condition concerning vegetation screening and bank stabilization considered during a Lane County review of the beaches and dunes zone when the staff planner visits the site.


Kendall noted the application is standard and Goal 12, transportation planning, needs to be watched.  He said OAR requires an analysis to show that the plan amendment zone change will not have a significant affect on transportation facilities.  He said the way to accomplish that would be to do a traffic analysis which has not been done by the applicant.  He stated that the Board is faced with two options, requiring the traffic analysis to be done or letting the site review process handle it.  He noted the risk the Board takes in taking the site review is setting a precedent for subsequent plan amendments and zone changes.  Continuing, he said this opens up a chance for a procedural challenge by anyone in opposition.


Kendall reported that since the packet was assembled he consulted with legal counsel and Lloyd Holtcamp (of transportation planning), and he modified the ordinance slightly.  He noted the only change was on the second page, which spelled out what the site review is to accomplish.  He said he added the five conditions that the city requested and the statement that the site review is to be used to assure compliance with Goal 12 and the transportation rule by limiting any proposed land uses on the subject property to those consistent with the planned function, capacity and level of service of the transportation facilities utilized by the site.  He noted it was a type of insurance policy if the owner subsequently wished to use the land differently from the original parking lot.


Commissioner Sorenson opened up the Public Hearing.


Dave Pederson, stated he represented the applicant, Cecil Hodges.  He stated that Cecil Hodges is on the Board of Directors of Driftwood Shores.  He reported that they had been through this with the City of Florence, the Florence City Council and the Lane County Planning Commission.  He said they have crafted a proposed ordinance that meets their needs and the County’s needs for protection.  He understood they could put another use on the property, but it is not their initial intention.  He pointed out it is a 100 by 100-foot piece of property and it is not large enough to develop.  He said by using the site review procedures as an insurance mechanism is suitable.  He said they support staff’s position.


Cecil Hodges, stated he is an owner, and on the Board of Directors at Driftwood Shores. He supported the change of zoning.  He noted that even though Driftwood Shores is a condominium, it is also a commercial operation and they went through the zoning change because the lot was occasionally used for commercial reasons.  He said he prepared a letter to all of the adjacent property owners and they have had no objections except for one, by a neighbor to the East, which had been taken care of.


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


MOTION:  to tentatively approve Ordinance PA 1150 and setting a Third Reading and Final Action for June 28.


Kendall commented that they have a slightly revised ordinance that will require a next reading.  He said today the Board could deliberate and reconvene on June 28 and sign off on the ordinance.


Stephen Vorhes, Assistant County Counsel, recommended waiting to vote until a Third Reading, but move to do a Third Reading and take tentative action.


Morrison MOVED, Dwyer SECONDED.


Dwyer stated he had no problems with this.


Morrison noted that there will be a voice vote and it will be rolled for a Third Reading.  She said it is a win-win situation for Lane County.


VOTE: 4-0.




a. SECOND READING AND PUBLIC HEARING Ordinance No. 7-00 Authorizing the Transfer of County Owned Real Property Identified as Assessor's Map No. 15-04-32-24-02100, Commonly Known as 1034 Elm Street, Junction City, to the Junction City/Harrisburg Chapter of Habitat for Humanity for the Purpose of Providing Low Income Housing.


Jeff Turk, Management Services, reported the matter is a request by the Junction City/Harrisburg Habitat for Humanity to have a County owned property transferred to them.  He noted the property was acquired through tax foreclosure in 1986 and at the time the County acquired it, there were some problems with title.  He said the property was used as a rental for years.  He added that time has cured the problems with the title but there are a few problems remaining.  He noted that Habitat for Humanity is willing to deal with them.  He explained that statutes allow the County to transfer these properties without consideration.  He said the matter (as per Lane Manual) was presented to the Housing Policy Board and they made a recommendation to affirm the transfer to Habitat for Humanity for the purpose of affordable housing.


Turk noted that other matters are deed restrictions that he recommended to include.  He said that statute does allow the transfer of the property but does not address any period of time for which these properties have to be used for the intended purpose of the transfer.   He recommended including a restriction in the deed that would require the property to be used for affordable housing purposes for a minimum of ten years.  He added, to ensure that the property does get used, they start such use within three years of the transfer.  He said if it wasn’t used, the County would have the option of the property reverting back to the County.


Commissioner Sorenson opened up the Public Hearing.


Lois Munson, 28660 Ferguson Road, Junction City, stated she represented the Junction City/Harrisburg Habitat for Humanity.  She thanked the Board for reviewing the request.  She said they saw this as a great opportunity to work with partner families.


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


MOTION: to approve adoption of Ordinance No. 7-00.


Morrison MOVED, Dwyer SECONDED.


Dwyer stated that it is a great opportunity for Lane County to help people help themselves.  He said that it was a commendable program. 






Weeldreyer noted that she had finalized the letter to President Moskus of LCC that Vice Chair Morrison had signed.  She added she had a conversation by telephone with Moskus and asked if he had any questions, since the Board would be attending a meeting in Junction City and wouldn’t be able to attend the meeting at LCC.  She said there is some controversy and people will be speaking under Public Comment.  She noted it would be an opportunity for Lane County to assist the LCC Board in creating an outlet for the people who thought they hadn’t been involved in the process.  She said he was appreciative of the Board’s efforts.


Weeldreyer stated she found a letter from the National Association of Counties indicating that they had received notice from the U.S. Department of Justice that Lane County may be eligible for additional anti-crime funds.  She said she wanted to make sure someone was working on it.


Morrison noted that she had also received a copy and passed it onto the Sheriff for direction from him.  She added the Sheriff’s Department and Department of Youth Services had also responded to it.


MOTION:  to have the Board Chair send a letter to the State Attorney General with copies to the District Attorney, the Sheriff and PSCC.


Dwyer MOVED, Morrison SECONDED.


VOTE: 4-0.




Morrison said, with regard to the cancelled Fair Board meeting, Mike Gleason, Fair Board President, said that there was one Fair Board member ill, Cleve Dumdi had to take lambs to market and a third member’s flight was cancelled and couldn’t make it back in time.  Morrison noted that Gleason wasn’t aware of the problem until early in the morning.


Van Vactor reiterated that as in the past, he and his staff are responsible for scheduling the Fair Board members.


Sorenson noted for Board Assignments, that a timeline will be provided when the Board is meeting with the Fair Board and the timeline will be written and provided by E-mail to the Board.  He suggested scheduling the two annual meetings with the Fair Board so the Board is complying with state statute.


Weeldreyer asked to be excused from the joint meeting in Junction City.


There being no further business, Commissioner Sorenson recessed the meeting at 2:10 p.m.



Melissa Zimmer

Recording Secretary