March 8, 2000
REGULAR MEETING - LANE COUNTY BOARD OF COMMISSIONERS'
Harris Hall Main Floor - 1:30 p.m.
Commissioner Peter Sorenson presided with Commissioners Bill Dwyer, Bobby Green, Sr., Anna Morrison and Cindy Weeldreyer present. County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.
13. PUBLIC HEARINGS
a. FIFTH READING AND CONTINUED PUBLIC HEARING Ordinance 11-99 Amending Chapter 2 of Lane Code to Define Terms for Removal of Fair Board Members (LM 2.300).
Teresa Wilson reported the ordinance adds to the Lane Code definitions for terms that would allow Fair Board members to be removed at some point in the future if there was a need. She added the legislation that was adopted in 1999 permits that to occur, but it first requires the defining of terms.
Green asked if the Board already had authority to do this.
Wilson explained the code dealt with the term "remove" and not reappointing, a mid-term removal of an individual.
Commissioner Sorenson opened the Public Hearing. There being no one signed up to speak, he closed the Public Hearing.
MOTION: to adopt Ordinance 11-99.
Green MOVED, Morrison SECONDED.
ROLL CALL VOTE: 5-0.
14. OTHER BUSINESS
a. ORDER 99-12-15-1 Amending Chapter 3 of Lane Manual to Add Provisions to the Memorandum of Understanding Between the Board of Commissioners and the Fair Board for Removal of Fair Board Members and Indemnity, and to Make Housekeeping Changes (LM 3.160).
Wilson reported that in the same piece of legislation that addressed the Fair Board removal, it also provided that the County could enter into an agreement with the Fair Board members regarding indemnity for personnel and contractual matters. She noted the memorandum of understanding (in a revised form handed out with the packet) implements the removal piece and makes minor housekeeping changes. She recommended approval.
MOTION: to approve ORDER 99-12-15-1.
Morrison MOVED, Dwyer SECONDED.
Mike Gleason, Fairgrounds Manager, reported they were going to open bids for the reconstruction of the convention center and there are six major contractors wanting to bid. He added the contractors asked if they could extend it a week so they could get all of the details into the contract. He said they will open it next week for bidding.
Gleason passed out plans of the fairgrounds. He discussed building a ballroom and landscaping. He added that EWEB will be contributing $150,000 to $200,000 for energy retrofitting.
b. FOURTH READING AND DELIBERATION Ordinance PA 1145 Adopting an Update to the Eugene Airport Master Plan, a Refinement Plan of the Eugene-Springfield Metropolitan Area General Plan (Metro Plan); Amending the Metro Plan Diagram to Redesignate Property Consistent with the Airport Master Plan Refinement Plan Diagram; Rezoning City of Eugene Property to Airport Operations Use/Commercial Airport Safety Combining (AO/CAS); Amending the Eugene-Springfield Metropolitan Area Transportation Plan and Public Facilities Plan to Add the Green Hill Road Realignment Project; and Adopting Savings and Severability Clauses.
Mike Copely reported this came before the Board on February 23, at a Third Reading on the proposal. He added the Public Hearing was held on January 19, 2000 with the Eugene and Springfield City Councils. He said there had been no further changes to the proposal since the time the Board last saw it. He recommended adoption of the Ordinance.
MOTION: to approve adoption of Ordinance PA 1145.
Dwyer MOVED, Green SECONDED.
ROLL CALL VOTE: 5-0.
The Board made a presentation to Mike Copely for his 27 years of service to Lane County. Sorenson read the Certificate of Appreciation into the record.
15. COMMISSIONERS' ANNOUNCEMENTS
Weeldreyer announced she provided Congressman DeFazio with a briefing on telecommunication issues. Regarding Sky Camp for the Boy Scouts, Weeldreyer wanted it listed under Commissioners Business for next weeks meeting.
Dwyer asked what was intended for the building at the camp.
Al Cooper, Boy Scouts, stated the Scouts have a modest proposal to get support for the 40 acre lot minimum camp size without a proposed building. He noted it is in the current LCDC proposal and he was asking for support to what had been proposed.
Morrison added it was a way of showing support from the community around the designation.
Cooper noted that youth camps have a rightful and desirable place with forest uses because of their educational role.
Sorenson announced that he attended the National Meeting of the Coalition Against Bigger Trucks. He reported that he and David Kelly, Eugene City Councilor, made a presentation at the University of Oregon Law Conference on how to work with local decision makers.
16. EMERGENCY BUSINESS
LCDC Goal 14 Issue.
Kent Howe, Land Management, reported that they met with the Board on February 23 and gave an update about the rule making effort that the state is doing regarding the Rural Residential Rule. He noted the Board directed them to participate and monitor the state meetings and to meet with land use attorneys and consultants.
He said that LCDC met on February 29 and they participated in that meeting and on March 1, they met with Lane County Land Watch and explained the proposal to them. He added on March 2 a meeting of the land use attorneys and consultants took place and on March 3, they received the latest draft of the rule dated March 2 from DLCD. He said they met last night with the Lane County Planning Commission and informed them of the status. He added on Friday that LCDC will meet in a public hearing and they have elected not to take action, but continue the hearing until their April 27 and 28 meeting.
Howe stated the lot of record provisions are out, the safe harbor of residential 5 or 10 acres is still in, and is yet to be decided by the commission. He said they have added a floor size of less than 2 acres that would be considered urban. He stated proximity within an urban growth boundary has been eliminated for Lane County. He added within 90 days of adoption, the County will have to apply the standards of this rule.
Jim Mann, Land Management, passed out information to the Board about the proposed rule. He noted the proposed rule would affect lands in Lane County that are zoned rural residential. He said there are 62,000 acres in rural Lane County that are developed and committed, zoned rural residential. He reported 6,000 acres of that is in communities and 56,000 acres is outside the communities. He noted that under the zoning in effect since 1984 (when considering for the potential for land divisions with the five acre density), there is the potential for 225 more parcels of one- and two-acre zoning. He said outside the communities there is the potential for 154 more parcels, with rezoning from ten and five acres to two acres in the areas that are feasible. He added there is the potential for 747 more parcels for rural dwellings. He noted that the safe harbor in the rural areas is being discussed as either five or ten acres. He added if the safe harbor is applied across the board outside the communities, it would eliminate potential rezoning to two acres and parcels that could be created under the one- and two-acre zoning. He said when looking at the minimal parcel size for land division, they have to keep in mind the existing legal lots developed and vacant and there are 15,415 dwellings on rural residential zoned lands and 1,436 vacant tax lots that are potentially legal lots. He noted what had been done since 1984 is that they have emphasized the right to build on a lawfully created parcel and as the rule is being written, any potential to build on a lot of record is not being dealt with in the rule making.
Howe reported the commission meets on Friday and the subcommittee will meet again on March 28. He drafted a letter as an advisory notice to past, current, and future applicants as it relates to the people who may be seeking zone change density increases or partition subdivision applications. He said they will come back to the Board for direction (after LCDC adopts the rule) on how the new rule will affect the Goal 14 work program effort that is being conducted as part of the periodic review.
Weeldreyer asked what the provision would be going from RR5 to RR2.
Howe responded that it could be done on a case-by-case basis, either legislatively to a safe harbor, legislatively to some specific designation less than a safe harbor that is justified; or quasi-judicially on a case-by-case basis to identify designations that would be less than safe harbor. He noted of the three alternatives, staff would be recommending that it is done legislatively either through the safe harbor blanket or by legislatively identifying areas that the Board feels justified in going below whatever the safe harbor is. He added to allow applicants on a case-by-case quasi judicial basis to address this issue will be difficult for individual applications.
Weeldreyer said her concern was going to the legislative parcel size as part of the community rule. She maintained that the Board had wanted flexibility by level of density. She asked how it would work with the unincorporated communities with regard to Goal 14.
Mann responded that it fit differently. He said the proposal that has been developed in the McKenzie Watershed is different. He noted when they went out to define an appropriate parcel size, they looked into the communities, wanting a clear standard for the Board to define. He added they recommended that it be at a five acre density level where there is an existing ten acre zoning inside the communities. He noted the people within the community came together with different recommendations. He said that inside and outside the community, the proposal most citizens supported was to set a minimum parcel size in the comprehensive plan and to get away from defining it on a case-by-case basis.
In response to Morrisons question about notification of people going through the planning process, Howe reported they will go back five years to notify people about the zone change density increases.
Howe noted they would draft a letter for testimony for the Board to submit under the chairs signature to be delivered to the public hearing.
Morrison stated she wanted the Board to be on record with regard to the rule making at the public hearing.
Howe noted that no action will be taken at the public hearing and it would be continued until April.
Sorenson asked Howe to submit a proposed letter to the Board prior to the time that it would be submitted as part of the record.
Green said he was concerned about parcel size being smaller than two acres. He said he had no problem with the safe harbor and would support a draft letter so that this could be moved on.
Weeldreyer asked if a press release could be sent regarding the letter the Board would be sending so more people are aware of the changes.
Howe responded he will work with Mike Moskovitz, Lane County Public Information Officer.
There being no further business, Commissioner Sorenson adjourned the meeting at 2:35 p.m.
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