BOARD OF COMMISSIONERS’
November 13, 2002
Commissioners’ Conference Room
Commissioner Bill Dwyer presided with Commissioners Bobby Green, Sr., Anna Morrison, Peter Sorenson and Cindy Weeldreyer present. Acting County Administrator Dave Garnick, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.
#12. PUBLIC WORKS
a. REPORT BACK AND ORDER 02-9-25-2/In the Matter of Denying a Request to Amend the Rural Comprehensive Plan to Redesignate and Rezone 80.25 Acres of Land from “Forest/F-2” to “Nonresource/RR-5” (file PA 98-1953; Cooley). (NBA & PM 9/25/02)
b. FOURTH READING AND SETTING FIFTH READING AND DELIBERATION/Ordinance PA 1147/In the Matter of Amending the Rural Comprehensive Plan to Redesignate Land from "Forest Land" to "Nonresource," Rezone that Land from "F-2/Impacted Forest Lands" to "RR-10/Rural Residential;" and Adopting Savings and Severability Clauses (file PA 98-1953; Cooley) (Fifth Reading: December 4, 2002). (NBA & PM 2/23/00, 3/15/00 & 5/3/00)
Jerry Kendall, Land Management, reported this was a follow-up from the Board’s September 27 meeting where it was decided that the record would be left open until October 25, in order to afford the parties an opportunity to comment on procedural issues and the revised RR-10 density proposal. He noted that during that period they received 12 items (attached to supplemental memo, copy in file) plus the applicant’s final rebuttal and findings. He stated the Board had to either choose to deny the request at the RR-5 density, or if they approve the request, then to set a Fifth Reading for December 4.
Kendall explained that staff was recommending approval at the RR-10 density. He said that water supply evidence in the record indicates the recharge rate is 50 times the average domestic use and the record shows that the property could support an average density of 2.9 dwellings per acre. He stated that flood plane issues would be dealt with under Flood Plane/FEMA/County regulations and wetlands had been delineated and are under the jurisdiction of the Division of State Lands. He noted there is a Class 1 stream and a 50 foot required setback for ordinary high water that would limit development. He stated in terms of storm water runoff that runoff of impervious surfaces could be accomodated through engineering on one dwelling per ten acres. He said the forest capability averages 7.3 cubic feet per annual acre production that is far below the 50 cubic foot standard they look for. He noted of the 80 acres, 34.5 acres have farm capability of Class 3 and 4 soils (on a scale of one to eight) and 57% are Class 6 and 7 soils.
Dwyer noted that staff’s recommendation was to set a Fifth Reading for December 4, 2002 for the purpose of deciding to amend the Comprehensive Plan to redesignate land from Forest Land to Non-Resource Land and zone that F-2 impacted to RR-10 Rural Residential.
MOTION: to approve a Fourth Reading and Setting a Fifth Reading and Deliberation on Ordinance PA 1147 for December 4, 2002.
Morrison MOVED, Weeldreyer SECONDED.
c. REPORT BACK AND ORDER 02-9-25-7/In the Matter of Adopting Findings Of Fact, Conclusions and a Final Decision in the Appeal of a Hearings Official Decision Denying a Home Occupation and Temporary Permit Within the Rural Residential Zone (RR 10) on a Parcel of Land Identified as Tax Lots 211 and 205 of Assessor’s Map 16-05-18 (File PA 01-5803 & PA 01-5804/Neumann). (NBA & PM 9/25/02)
Thom Lanfear, Land Management, explained this item came back from the September 25 meeting. He noted at that meeting it had been determined that some new evidence had been submitted into the record and the Board reopened the record to allow comments from other parties. He added the record was open until October 18. He said they received comments from both sides. (Supplemental Packet, copy in file.) He asked the Board to declare if there were any other ex-parte contacts since the September 25, 2002 meeting.
There were none.
Lanfear recalled at the May 28, 2002 meeting, the Board made a motion to give tentative approval to this application and the findings had been prepared. He said the substance of the new submittals into the record was about crafting an appropriate set of conditions of approval for this proposed special events center in the residential zone. He listed the 21 proposed conditions in the supplemental packet.
Morrison was in favor of moving forward. She thought it was a viable entity to have in the rural area.
Weeldreyer concurred with Morrison. She said the property owner wanted to have a place where people who wanted to get married could utilize the property and that had been done in several other areas in the County. She said that this location had been met with opposition from the neighbors. She said there had to be give and take with the rural experience and the list of the 21 conditions is a good faith effort for Lane County and the property owner to meet the objections of the neighbors. She thought it would be an asset to the rural economy.
MOTION: to approve the 21 conditions of ORDER 02-9-25-7.
Morrison MOVED, Weeldreyer SECONDED.
Lanfear stated the Board would be adopting the findings of fact that were in the original packet with Attachment B (file record contact sheet from the supplemental packet) and Attachment A (the conditions of approval in the supplemental packet).
Green supported the motion. He asked if there was a way to monitor the sound system by site review and to make sure the 21 conditions were being met.
Lanfear stated there was a renewal process involved. He noted at that point the applicant would submit documentation that they are complying with the conditions. He added if they receive complaints within the year, then that would be the time to look into it.
VOTE: 3-2 (Dwyer, Sorenson dissenting).
d. REPORT BACK/Ordinance No. 7-02/In the Matter of Amending Chapter 5 of Lane Code, Administrative Enforcement, to Add Properties Declared “Unfit for Use” Due to Illegal Drug Manufacturing to the List of Activities Defined as a Nuisance and Subject to Administrative Enforcement Procedures and to Remove Provisions Pertaining to Animal Carcasses. (NBA & PM 5/1/02 & 5/15/02)
Wilson noted the packet material contained the status of various actions.
Morrison stated they would continue to add properties to the list as time goes on. She wanted to make sure there was final action with each property and as new properties come on line, they are kept apprised of the information.
Dwyer suggested a semi-annual written report.
e. REPORT BACK/Letter to Oregon Department of Geology and Mineral Industries (DOGAMI) Regarding Senate Bill 12. (NBA & PM 10/30/02 & 11/6/02)
Kent Howe, Land Management, stated this report was in regards to a letter to the Oregon Department of Geology and Mineral Industries regarding Senate Bill 12. He said the Board asked him to find out what happened on November 6. He stated he called the state geologist and indicated the Joint Interim Legislative Committee on Natural Resources met and the interim committee agreed that there were serious problems with Senate Bill 12 and they will meet again in December to start a task force to look at changes to the Bill. He noted the legislation requires cooperative efforts with local governments and they want to focus on that. He said there is general agreement that the maps will be preliminary and do not trigger Senate Bill 12. He added they would be looking at another process that will be refining the initial maps to define further review areas. He noted the DOGAMI board is meeting November 22 and their board is expected to deal with the issue of delaying the January 1 effective date.
MOTION: to move to send the letter to DOGAMI.
Morrison MOVED, Weeldreyer SECONDED.
VOTE: 4-1 (Sorenson dissenting).
13. COMMISSIONERS' ANNOUNCEMENTS
Sorenson noted he called everyone who applied for the VMAC Committee.
Weeldreyer said she would be on Ask Lane County and they will have the report back on the state of the budget to Lane County and Health and Human Services area. She said she was in the Veteran’s Day Parade.
Morrison said that CVALCO did a good job of getting together the product tasting for AOC.
Green said he attended an Oregon Transportation meeting in Ashland regarding ACTS. He also said he attended a conference in New Orleans.
14. CORRESPONDENCE TO THE BOARD
15. OTHER BUSINESS
There being no further business, Commissioner Dwyer adjourned the meeting at 3:00 p.m.