March 13, 2002

1:30 p.m.

Commissionersí Conference Room

PASSED 8/28/02


Commissioner Bill Dwyer presided with Commissioners Bobby Green, Sr., Anna Morrison and Peter Sorenson present.Cindy Weeldreyer was present via telephone.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 1169/In the Matter of Amending the Rural Comprehensive Plan to Redesignate Land from "Agricultural" to "Marginal Land" and Rezoning that Land from "E-40/Exclusive Farm Use" to "ML/Marginal Land", and Adopting Savings and Severability Clauses (file PA 00-6304; Donnelly). (NBA & PM 2/6/02)


Dwyer asked the Board if there were any ex parte contacts.


There were no ex-parte contacts.


Jerry Kendall, Land Management, explained this was an application from a plan amendment zone change from agricultural land to marginal lands.He added it contains 98 plus acres, giving the owners four parcels with one dwelling on each.He said their intended statement was not to do that.He said with the current EFU zoning, they have one dwelling on one of the parcels and they wanted a second dwelling on the vacant southern parcel.


Kendall stated the property is located one-quarter mile northwest of the community of Fall Creek.He didnít receive any staff referrals from wetlands or transportation planning that were out of the ordinary or of concern.He noted the standards for marginal lands are straightforward.He stated they reviewed the 1991 ORS 197, 247 with the application having to pass the test on whether it was managed in three out of five years preceding January 1983 and as part of a farm operation that produced $20,000 gross farm income.He added by an affidavit (Exhibit M, copy in file) the former owner testified that it was not part of a farm operation that grossed that much money.He added the second part of the test was whether the property in the same period was capable of $10,000 annual gross forest revenue.He said by a foresterís report, (Exhibit O) the forester concluded that the property was capable of raising only $2,888 in gross annual income over a 60-year cycle.


Kendall stated the owner did not choose to have a parcelization test.He noted the question is whether the property has a predominance of agricultural capability soils of Class 5-8.He added it has 98% in Class 6 to 8 and the second part of the test requires that the property not be capable of producing more than 85 cubic feet of merchantable timber per acre per year.He noted the foresterís report concluded that 94% of the property is only capable of producing 31 cubic feet per acre per year.He said staff agreed with state and local policy.He stated Land Management was recommending approval of the request.


Sorenson asked if there had been any communication with the State Department of Conservation and Development.


Kendall responded that standard notice was given and they had not replied.


Green asked if there was any objection to this ordinance.


Kendall replied there was no opposition.


Commissioner Dwyer opened up the Public Hearing.


Harry Taylor, P. O. Box 1420, Veneta, Land Use Consultant, representing the Donnellys. He stated they presented a complete packet that addressed all the approval standards.He said that a marginal land is a statutory provision that is allowed.He noted his client was below thresholds by income and non-productive soils.He stated that in 1997, the Board allowed the use of a 50-year rotation cycle. He said their forester wanted to use a 60 year rotation because of poor soil conditions.


Taylor noted the southern 24 acres has pastureland, used for horses and hay production.He said the rest of the property is brush land.He explained there were two legal parcels that had been partitioned prior to the application.He added there is a house on the southern parcel and Donnelly wanted to build a house for himself and his wife on the northern parcel.


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


MOTION: to adopt Ordinance PA 1169.


Morrison MOVED, Green SECONDED.










PILT Payment Letter


Morrison stated the County was supposed to be receiving PILT payments from the federal government with regard to forestlands.She noted since their inception, Lane County had never received the full payment of the dollars.She recalled that last year NACo was able to increase the dollars they receive.She noted within the current budget that was proposed, for Lane County to be where they were prior to last year.†† She said that NACo was embarking on another way to increase the funding back to the counties.She passed out a draft letter (copy in file).She encouraged the Board to send the letter.


MOTION: to approve sending the PILT letter.


Morrison MOVED, Green SECONDED.


Sorenson suggested having the chair sign theletter to the assistant to the president as part of the motion.


VOTE: 5-0.


There being no further business, Commissioner Dwyer adjourned the meeting at 2:15 p.m.



Melissa Zimmer

Recording Secretary