APRIL 13, 2011 Minutes Afternoon Session



April 13, 2011

1:30 p.m.

Harris Hall Main Floor

APPROVED 4-27-2011


Commissioner Faye Stewart presided with Commissioners Jay Bozievich, Rob Handy, Sid Leiken and Pete Sorenson present.  County Counsel Stephen Vorhes and Recording Secretary Melissa Zimmer were also present.




a. SECOND READING / PUBLIC HEARING/Ordinance No. PA 1279/In the Matter of Adopting an Amendment to the Cottage Grove Comprehensive Plan Consistent with the Recommendations of the Cottage Grove Economic Opportunities Analysis (EOA), Adopting Map Amendments to the Cottage Grove Urban Growth Boundary (UGB) Including Re-Designation of 195.83 Acres for Industrial Use; 16.34 Acres for Commercial Use; 14.77 Acres for Parks and Recreation Use; and 14.17 Acres for Low Density Residential Use; Making Corresponding Changes to the Lane County Rural Comprehensive Plan; and Adopting Savings and Severability Clauses. (Applicant: Cottage Grove; File No. PA 10-5348) (NBA & PM 03/30/11)


Stewart explained that the decision of the Board of Commissioners is subject to establishing findings of fact showing compliance with the applicable Comprehensive Plan policies and Lane Code criteria sited in the staff report.  He indicated that evidence and testimony must be directed toward the approval criteria.  He said testimony not directed toward the approval criteria may be irrelevant to the land use proceeding.  He asked if there were any ex parte contacts.


Stewart stated he was on a committee early on that started the process for the city.  He also attended the Planning Commission and Joint Planning Commission meetings for both bodies.  He had no other contact.  The other commissioners had no conflicts.


Stewart indicated that this is the opportunity before those present to enter information into the record.  He said written materials related to the application submitted prior to or during the Public Hearing shall be considered part of the record.  He said failure to raise an issue to enable a response may preclude appeal to DLCD on this issue and only persons who qualify as party may appeal the actual decision of the Board of Commissioners to DLCD.


Stephanie Schulz, Land Management, reported the city of Cottage Grove is here today to present their proposal for amending the Cottage Grove Comprehensive Plan to expand their urban growth boundary southward along Highway 99 and along South Sixth Street to meet industrial and commercial land needs for the next 20 years. She added that concurrently the UGB expansion plan designations on affected properties are changed from county to city plan designations for the future needs as supported by the economic opportunities analysis prepared by Winterbrook Planning for the city.  She said that Lane County and the small cities (including Cottage Grove) coordinate planning and urban services pursuant to ORS 190.003 to carry out their respective responsibilities and coordinate actions that affect the UGB areas of cities within the County. 


Schulz reported that approximately 170 acres are included in this expansion primarily for larger site needs.  She said constraints and opportunities surround the city and alternative sites were analyzed consistent with ORS 197.298, priorities for urban growth boundary expansion to determine the most appropriate place to meet the identified needs.  She said the Cottage Grove EOA was completed in 2009 in accordance with Statewide Planning Goal 9, Economics and the accompanying Oregon Administrative Rule.  She said the future land need identified in the EOA was compared with the availability of vacant and redevelopable employment land within the existing UGB.  She said when there is need for additional land outside the UGB, state law requires that cities and counties determine whether those needs can be met within rural exception areas before considering resource land.  She said resource land is defined as land with farm and forest and marginal lands designation. 


Schulz indicated the alternatives were presented and reviewed by the Cottage Grove Citizen and Agency Urbanization Advisory Committee through open houses held at city hall and public hearings with the city and county planning commissions. She said both Planning Commissions recommended large site needs were appropriate for being met primarily on the Weyerhaeuser property including public rights-of-way.  She indicated the need for a future master plan business park is proposed potentially on a suitable site near the south Interstate 5 Interchange  served by Sixth Street.  She reported that site was determined by having lower quality soils after comparisons with other sites with the same characteristics.  With regard to the criteria for adoption for Lane County, she noted it is found in Lane Code Chapter 12.050, the method of adoption and amendment states the adoption of the Comprehensive Plan or the amendment to such plan shall be by an ordinance and Ordinance No. PA 1279 is the adopting ordinance.  She said the Board may amend or supplement the Comprehensive Plan upon a finding of a) an error in the plan or b) change circumstances affecting or pertaining to the plan or c) a change in public policy or d) a change in public need based on a re-evaluation of factors affecting the plan provided the amendment or supplement doesn’t impair the general purpose of the plan  established by Lane Code 12.005.  She said under this criteria, Lane Code  12.050(b)(d) are both applicable to this amendment.  She explained that the city’s circumstances under which Cottage Grove serves as a market center and destination for the surrounding rural residents and smaller communities in South Lane County and north Douglas County requires long term planning pertaining to economic capabilities to serve regional residents both urban and rural.  She indicated that the city is in an excellent position to meet the needs of the public by attracting families and businesses in search of a small town quality of life with good transportation access and being near the Eugene Springfield metro area.


Schulz reported that analysis estimates that Cottage Grove’s future jobs will be in the retail and service sectors.  She said that Cottage Grove’s biggest challenge in the years to come is providing adequate industrial and commercial land supply to ensure that local development keeps pace with the community’s growing residential population.  She said the evaluation of factors affecting the plan and impacting the cities supports this amendment.


Schulz recalled that in April, 2010, the Planning Commissions of Lane County and Cottage Grove had a work session with Winterbrook Planning, (the consultant working with the city) and reviewed a power point presentation about the choices and analysis required for urban growth boundary expansions. She recalled in June 2010 the application was received in Land Management.  She noted that over the summer there were open houses and additional advisory committee review that lead to notice being published in October for a joint hearing at the Planning Commission level on October  20.  She said at that hearing the record was held open to November 10, 2010 and additional material was received that affected the outcome.  She reported that December 21 was the date the Lane County Planning Commission deliberated and unanimously recommended the Board approves the UGB expansion. 


Schulz reported that at the city level, Cottage Grove City Council adopted their city ordinance on February 14, 2011 and notice of the Board’s hearing was published on March 24.  She added that the First Reading was held on March 30, 2011.  She noted at the First Reading, Handy requested further clarification regarding Rachel Road and a supplemental agenda was provided to the Board last week with a response and a review from their transportation planning section on the Rachel Road issue.


Commissioner Stewart opened the Public Hearing.


Howard Schesser, city of Cottage Grove, said they have responded to the needs for their 20 year employment lands.  He said they have responded to the public and the concerns the 1000 Friends of Oregon had.  He believed they answered the concern that Handy had.  He said they are requesting approval. 


Dan Kathy, Cottage Grove, had concerns regarding the surrounding of his property by the city property. He was concerned about drainage, noise, lights and transportation problems.  He said he submitted this before to the city.  He noted on the city maps, it shows that his property is on wetlands and it is not true. He said he had no objection to what is going to take place.  He asked that if the city takes this over, he wants adequate drainage to protect his land from runoff overflowing his property.


Larry Dugan, Cottage Grove, said in some of the literature 1000 Friends of Oregon did not have a correct number for total of acreage.  He indicated there are 35 total acres his father bought in 1921 and the timber was logged off at that time and has re-grown.  He wanted to be included in Cottage Grove’s plan.


Schesser said the wetland study that was referenced was part of eight cities involved with LCOG for a wetland study.  He said they have a work session next Monday and then they will refine the information further and eventually go to a public hearing before the Planning Commission.  With regard to including Dugan’s land, he said they made a decision to look at that issue before they take any further resource lands to meet the needs for the business park. 


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


MOTION: to adopt Ordinance No. PA 1279.


Leiken MOVED, Bozievich SECONDED.






a. REPORT/OSU Extension Service – Lane County/Farms and Garden Programs/Status of OSU Extension in Lane County. (Ross Penhallegon, OSU Extension; Dan McGrath, OSU Extension)


Ross Penhallegon, OSU Extension Service, gave a status of the OSU Extension Service.  He said they wanted to continue a partnership with Lane County.   He understands that money is limited.  He said they wanted  in kind support.  He said they would like classroom space to serve 250 people. 


Dan McGrath, OSU Extension Service, gave a report on what is happening in Linn County with the OSU Extension Service. (Copy in file).  He commented that the OSU Extension Service in Lane County is fragmented and fragile.  He reported that Ross Penhallegon will be retiring in November.  He noted there is a determined group of county farmers and foresters and they want to build a local funding partnership to bring in state and federal dollars.  He asked Lane County to be a funding partner to rebuild the Extension Service.  He indicated that they needed office space and secretarial help.


Stewart thought the Extension Service could look at properties in the school districts that are closed.  He thought that the Extension Service could take care of the maintenance of the site.  He wanted to know what Extension’s needs are for meeting space.




Bozievich announced that he has a Town Hall on Thursday at Junction City High School with Senator Edwards and Rep. Hoyle and representatives from the Department of Corrections and the Mental Health Hospital concerning the facilities in Junction City.  He reported that on Friday evening he will be speaking at an event at the Federal Building.


Stewart hosted the speaker’s Town Hall in Cottage Grove with Rep. Roblan and Hanna. He reported that Senator Wyden will be at the dedication of the Riverstone Clinic.  He announced that this Saturday is a Youth Jazz Festival at Pleasant Hill High School.


Handy announced that the Sexual Assault Support Services organization is presenting the third annual production of the Vagina Monologues.  He reported that there is a free medical clinic this weekend at the Peace Health Medical Group.


Leiken announced that April 22 at 10:00 a.m. will be the official dedication of the new Riverstone Clinic in Springfield at 21st and Olympic.  He acknowledged that the Board has a Twitter site.  He announced there was a Springfield Chamber meeting tonight.


Sorenson reported that he is involved with an Earth Day event on April 23.


14. EXECUTIVE SESSION as per ORS 192.660

(Commissioners' Conference Room)


Per ORS 192.660 (2)(h) for pending litigation.




RESOLUTION/11-4-13-4/Providing Input to the Oregon Department of Human Services for Budgetary Priorities During the 2011-13 Biennium.


Ben Nussbaum, Intergovernmental Relations, discussed the changes to the letter.


MOTION: to approve Resolution 11-4-13-4.


Handy MOVED, Bozievich SECONDED.


VOTE: 5-0.


There being no further business, Commissioner Stewart adjourned the meeting at 2:40 p.m.


Melissa Zimmer

Recording Secretary