April 17, 2002

1:30 p.m.

Commissioners' Conference Room

APPROVED 8/14/2002


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




a.  SECOND READING AND PUBLIC HEARING/Ordinance PA 1171/In the Matter of Amending the Rural Comprehensive Plan to Redesignate One Parcel of Land From "Rural" to "Forest Land" and Rezoning That Land From "RR-5/Rural Residential" To "F-2/SR” (“Impacted Forest Lands with Site Review") and Redesignate Another Parcel of Land From "Forest Land" to "Commercial" and Rezoning That Land From "F-2/Impacted Forest Lands" to "CR/SR” (“Rural Commercial with Site Review"); Adopting a Reasons Exception to Statewide Goals 3 and 4; and Adopting Savings and Severability Clauses (file PA 01-5894/Christian) (NBA & PM 4/3/02).


Commissioner Dwyer asked if Commissioners needed to declare any ex-parte conversations related to Ordinance PA 1171.


Commissioner Morrison stated that she had visited the site in question, but had no contacts with persons involved.


Land Management Division staff Jerry Kendall reviewed the rezoning proposals contained in the ordinance. He also reviewed reasons proffered for exceptions to Statewide Goals 3 and 4. He identified standards for exceptions, as follows:


No other property available to accomplish the goals of the project within the Urban Growth Boundary Compatible with adjacent uses. No history of complaints about the request. Demonstrated need for the use.


Mr. Kendall reviewed the Transportation Rule involved.


Mr. Kendall noted that Supplemental Material regarding the ordinance, correcting "errata" and rewording one sentence, had been submitted and distributed with the agenda of the meeting.


Commissioner Dwyer opened the public hearing.


Steve Cornacchia, 180 East 11th Avenue, Eugene, stated that he represented the applicant. He said the application would ensure the longevity of the Rainbow's End Park and would allow the use of its property for a campground, recreation vehicle park, and commercial building.


Mr. Cornacchia said the "swap" of zoning to take place would increase the amount of available Forest Land. He requested tentative approval of the ordinance with a condition that it be finalized when the vacation of platting proposed occurred. He said a petition for the vacation had already been filed.


Mr. Cornacchia stated that the applicant agreed with the unanimous recommendation of the Planning Commission to apply site review requirements on the property. He said the Oregon Department of Transportation would approve the campground and recreation vehicle park without site review requirements.


Commissioner Dwyer asked if language of the ordinance would prohibit adding cabins to the development. Mr. Kendall replied that zoning restrictions would not prohibit the construction of no more than two cabins, but that he could not speak for Oregon Department of Transportation limitations.


Commissioner Dwyer asked if there were any difficulties created by tentative approval of the ordinance without completion of the proposed vacation. Mr. Kendall replied that it would be possible to schedule a Third Reading of the ordinance at the same time as the vacation took place.


Mr. Cornacchia stated that there was no opposition to the application from neighbors, Land Conservation and Development Commission (LCDC), or Lane County staff.


MOTION:  To tentatively approve Ordinance No. PA 1171 subject to the vacation of Rainbow's End Park Plat Lying North of Highway 126.


Commissioner Green MOVED, Commissioner Morrison SECONDED.


VOTE:  5-0.


b.  SECOND READING AND PUBLIC HEARING/Ordinance PA 1173/In the Matter of Amending the Lane County General Plan  Policies (An Element of the Lane County Rural Comprehensive Plan) by Revising Goal 2 Policies 10, 11, 13, 14, 20, 21, 24 And 26; By Revising Certain Developed and Committed Area Zoning Designations to Comply With Such Amendments; By Revising Designations and Zoning For Eight Unincorporated Rural Communities in the McKenzie Watershed to Comply With Such Amendments; and Adopting Savings and Severability Clauses. (NBA & PM 4/3/02).


Land Management Division Senior Planner Jim Mann stated that adoption of the ordinance would make Lane County Rural Comprehensive Plan Land Use Planning goals consistent with the Statewide Planning Goal and associated laws, and adopt community plans and zoning for eight unincorporated communities in the McKenzie Watershed. He reviewed proposed amendments and zoning designation changes.


Commissioner Dwyer asked about the cost of an appeal of a decision of the Planning Director. Planning Director Kent Howe replied that the fee was $250 plus the cost of publishing public notices. He said many uncontested appeals were done administratively, but that those which were controversial were raised to the status of a Planning Director Hearing to allow full citizen participation before a decision was made.


Commissioner Sorenson observed that the cost of publishing notice of public hearings has increasingly fallen on applicants. He said it seemed more logical for such cost to be borne by the public. Mr. Howe replied that fees were required to be tied to other than use cases.


Commissioner Sorenson asked if it would be possible for uncontested matters to be considered without a public hearing. Mr. Mann replied that it might be possible to have a Hearing Official available for all appeals.


Commissioner Dwyer said he was concerned that the Planning Director was permitted to make decisions without public involvement. Mr. Howe replied that the first evidentiary hearings in land use matters always involved citizen input.


Commissioner Sorenson asked if the ordinance proposed any changes in appeal processes. Mr. Howe replied that no changes in appeal processes had been proposed. He said the proposed changes had been approved by the Planning Commission.


Commissioner Sorenson asked what would be lost by waiting to adopt the ordinance until litigation surrounding Ballot Measure 7 was resolved. Mr. Howe replied that the proposed changes would reduce risks posed by Measure 7 and was encouraged by Oregon Statutes.


Mr. Vorhes suggested that the Second Reading and Public Hearing for Ordinance No. 6-02 could be combined with that for Ordinance PA 1173.


Commissioner Dwyer announced a ten minute recess in the meeting.


Commissioner Green left the meeting at 3:15 p.m.


c.  SECOND READING AND PUBLIC HEARING/Ordinance No. 6-02/In the Matter of Amending Chapter 16 of Lane Code to Add New Rural Residential, Commercial, Industrial, Public Facility and Park and Recreation Zone Classifications and Regulations (LC 16.012, LC 16.290 - 16.295) (NBA & PM 4/3/02).


Commissioner Dwyer opened the combined Public Hearing on Ordinance PA 1173 and Ordinance No. 6-02.


Jim Welsh, 90050 Killian Lane, Elmira, stated that he represented the Eugene Association of Realtors. He said his organization supported and shared the concerns of previous testimony presented by the Coast Realtor Association and believed the ordinance took in too wide an area. He said he suggested other changes, as follows:


• Guest houses on rural land should require 850, not 650 square feet.

• Expanding notification requirements would increase costs and the likelihood of appeals.

• Rather than listing permitted uses in rural commercial zones, permitted uses versus all other uses requiring special use permits should be identified.

• Rather than requiring caretaker residency in rural commercial zones, generic dwelling units should be allowed.

• Square foot limitations in rural commercial zones should be in building codes, not zone codes. It would be better if the limitations were eliminated entirely.


Mr. Welsh suggested that additional time was needed for Commissioners to consider issues such as he had identified.


Commissioner Dwyer asked if Mr. Welsh's organization would support developing a building to lot sign ratio regulation. Mr. Welsh replied that it would.


Commissioner Dwyer asked if Mr. Welsh's organization believed it was important for community infrastructure to be available. Mr. Welsh replied that it appeared to be inappropriate to make such a requirement.


Commissioner Dwyer asked if Mr. Welsh's organization had a concern regarding the tendency to require that applicants and appellants pay fees to cover costs. Mr. Welsh replied that it was positive the County was responsible for such fees, but it increased the cost of development.


Harry Bonini, 91272 McKenzie Highway, Blue River, expressed appreciation that staff had allowed full public participation in the process of developing the proposed ordinances. He said a prime consideration in them should be preservation of what is "rural." He said the essence of ruralness was knowing your neighbor and being able to go to them and not a lawyer when there was a problem.


Mr. Bonini said he believed a large percentage of Blue Rive area residents supported the proposed ordinances and that postponing vote on them would require continued use of current ordinances and increased property speculation. He suggested it would be positive to having a Hearings Official hold presentation meetings on future developments. He suggested that opponents be allowed to participate in developing ordinances to avoid appeals and other challenges.


Commissioner Dwyer stated there would be a pause in the public hearing to allow consideration of agenda matters requiring presentations by staff.


d.  SECOND READING AND PUBLIC HEARING/Ordinance PA 1168/In the Matter of Adopting Amendments to the Rural Comprehensive Plan, Including Expansion of the Rural Community Boundaries of Rainbow; Adopting Exceptions to Statewide Planning Goals 3 and 4 Where Necessary; Adopting Changes in Zoning Designations to Comply with Such Plan Amendments Where Necessary; and Adopting Savings and Severability Clauses  (NBA & PM 4/3/02).


The following items were carried over from the morning meeting.




a.  DISCUSSION AND ORDER 02-4-17-6/In the Matter of Creating the Classification and Salary Range for Maintenance Specialist 3.


Personnel Analyst Cheryl McCawley described the need to establish a new classification in the Management Services Department, Facilities Division, and the Sheriff s Office, Corrections Division, for reasons of classification equity. She explained the implementation cost to move affected employees to the new classification and said it would be absorbed in the budgets of the departments.


MOTION:  To approve Order 02-4-17-6 and create the proposed classification and salary range.


VOTE:  4-0, Commissioner Green having left the meeting.


b.  ORDER 02-4-17-7/In the Matter of Adjusting the Salary Range for the Classification of Juvenile Cook in the Department of Youth Services.


Ms. McCawley reported that AFSCME had requested a review of the Juvenile Cook and Lead Juvenile Cook classifications because of the changes in the duties and responsibilities of the cooks since the move to the John Serbu Youth Campus. She described the review and feedback to the proposed change in salary range proposed. She said funding for the change was available in the budget of the Youth Services Division


MOTION:  To approve Order 02-4-17-7 and adjust the compensation of Juvenile Cook to Grade 6.


Commissioner Morrison MOVED, Commissioner Weeldreyer SECONDED.


VOTE:  4-0, Commissioner Green having left the meeting.


c.  ORDER 02-4-17-8/In the Matter of Creating the Classification and Salary Range for Mental Health Care Coordinator in the Department of Health and Human Services.


Personnel Analyst Jan Wilbur explained the need to establish a new mental health nursing classification to reflect the coordination duties currently performed by mental health nurses. She said the proposed salary range would result in a five percent increase in salaries and that the funding was available in the budget of the department.


MOTION:  To approve Order 02-4-17-8 and create the proposed classification and salary range.


Commissioner Weeldreyer MOVED, Commissioner Morrison SECONDED.


VOTE:  4-0, Commissioner Green having left the meeting.


Commissioner Green re-joined the meeting at 4:15 p.m.


d.  UPDATE/Facilities Capital Improvement Projects.















There being no further business, Commissioner Dwyer recessed the meeting at 6:00 p.m.



C. Daniel Lindstrom

Recording Secretary