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MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS' MEETINGMarch 30, 199 4

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COMMISSIONERS PRESENT :

Gina Mulford, Chairperso n

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Jerry A . Dove, Vice Chairperson

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Kenneth M. Burdick, Commissioner4

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STAFF PRESENT :

John R . Putman, County Counsel

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Paul Levesque, Executive Assistant

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Leota Leake, Recording Secretary8

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STAFF PRESENT FOR PORTIONS OF MEETING : Vic Affolter ,10

community Development Director ; Nancy Swanson, Clerk 3 ; Jon Oshel ,11

Public Works Director; Sue Cameron, Health Department12

Administrator ; Joe Martin, County Foreste r1 314

GUESTS : Walter L .Martzolf ; Nancy Bush ; Marey Way ; Suzanne Dietert ;15

Randy G . Bush ; Beverly Fisher ; Howard D . Harris ; Marylyn Facchini '16

Mrs . Robert Rinehart ; Brenda Rinehart ; Ron Larson ; Don Churchill ;17

Joy Olson ; Harry A. Olson ; Daryl Carter ; G . M . King ; Tom Ayres ;18

John Faudskar, 4-H & Extension Distric t1 920

CALL TO ORDER : By Chairperson Mulford at 9 :00 a .m . in the Justice21

Court room .2 2

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ITEM NO . 1 : CONSIDERATION OF PERMISSION BY COMMISSIONERS T OASSEMBLE TENT ON FRONT LAWN OF COURTHOUSE :

Chairperson Mulford25

said more time had been given to discussing this issue than shoul d26

have been . She had checked with the Sheriff, the District Attorney27

and all entities involved . She asked that Counsel Putman make a28

statement at this time .2 930 .

Counsel Putman gave Mr . Martzolf a copy of the City ordinance .31

Counsel Putman said he had several concerns regarding the use o f32

the front lawn as a campground . The City ordinance, section 11 733

discussed lodging on property and it required that the owner giv e34

permission for such use .3 536

Mr . Martzolf asked that Counsel Putman either say yes or no to hi s37

request .3 839

Counsel Putman said if this matter were going to court this woul d40

be for the record .4 142

Mr . Martzolf said he had permission from one County Commissioner t o43

camp on the front lawn . Chairperson Mulford asked which County44

Commissioner he had received permission from . Mr.Martzolf said45

County Commissioner Burdick .4 647

Commissioner Dove said he had never nor would he ever give48

permission for camping on the front lawn of the Courthouse .

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Commissioner Burdick said at a meeting several weeks ago, he ha d51

told Mr . Martzolf to get a tent and start now . He said Mr .52

Martzolf had certain inalienable rights as a citizen, but he woul d53

not give verbal nor written permission to anyone to camp on the


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Courthouse lawn .2

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Chairperson Mulford said she would not give permission for Mr .

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Martzolf to camp out there . She said if he decided to do that h e

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would do it on his own without permission from this Board . She

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said if he urinated on the lawn or accosted another constituent an d

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they complained, he would be in violation . She told him the Board

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of Commissioners had no jurisdiction over the courts, and tha t

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appeared to be where his problem existed .1 0

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ITEM NO . 2 : CONSIDERATION OF 1993-95 INTERGOVERNMENTAL AGREEMENT

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#29-001, AMENDMENT NO. 5 AND PAAF NO .'S 13, 14, 15, 16 AND 17 :

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Commissioner Dove moved to authorize the Chairperson to sign th e

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PAAF No .'s 13, 14, 15, 16 and 17 and the Commissioners to sig n

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Amendment #5 to the 1993-95 Intergovernmental Agreement #29-00 1

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Between Tillamook County and the Oregon Department of Huma n

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Resources, Mental Health and Developmental Disability Service s

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Division, Commissioner Burdick seconded, passed with three ay e

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votes .2 0

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The Chairperson signed Plan/Amendment Approval Forms (PAAFs) 13 ,

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14, 15, 16 and 17 .23

The Commissioners signed Amendment No . 5 .'-2 5

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ITEM NO . 3 : CONSIDERATION OF ORDER SETTING A PUBLIC HEARING TO

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CONSIDER THE ANNEXATION OF THE NEHALEM BOAT LAUNCH INTO THE NEHALEM

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BAY WASTEWATER AGENCY : Mr . Levesque said this would set up th e

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public hearing, to put the boat launch into the Nehalem Bay

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Wastewater District . This notice would be published for two weeks .

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He discussed the procedure to be used for this annexation .3 2

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Commissioner Burdick moved to sign the order setting a public

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hearing to consider the annexation of the Nehalem Boat Launch int o

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the Nehalem Bay Wastewater Agency, Commissioner Dove seconded ,

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passed with three aye votes .3 7

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The Commissioners signed Order #94-46 .3 9

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ITEM NO . 4 : CONSIDERATION OF A TAX DEED FROM TILLAMOOK COUNTY T O

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LARRY L AND TAMARA OLDS IN FULFILLMENT OF A TAX LAND INSTALLMEN T

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CONTRACT :

Commissioner Dove moved to sign the Tax Deed fro m43

Tillamook County to Larry L . and Tamara Olds, Commissioner Burdic k44

seconded, passed with three aye votes .4 5

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The Commissioners signed the Tax Deed .4 748

ITEM NO : 5 : CONSIDERATION OF OREGON TRAIL CELEBRATION '93 MATCHIN Gr'1

GRANT PROGRAM : Mr. Levesque said all the paperwork had been doneon this grant and it required the signature of the Chairperson t o

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close it out .5 253

Commissioner Burdick moved to authorize the Chairperson to sign the

MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS , MEETINGMarch 30, 199 4

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closing report for the Oregon Trail Celebration '93 grant program ,

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Commissioner Dove seconded, passed with three aye votes .3

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The Chairperson signed the document .5

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Commissioner Dove said the grant had been for $5,000, but it ha d

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helped generate $172,000 for the Port of Tillamook Bay .8

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ITEM NO . 6 : PUBLIC HEARING : CONSIDERATION OF APPROVAL OF LIOUOR10

LICENSE APPLICATION FOR TOMICHI VILLAGE :

Chairperson Mulfor d11

opened the public hearing for comments from the public regardin g12

this liquor license application. Hearing none, she closed the13

public hearing to public comment . Chairperson Mulford opened th e14

public hearing for comments from the Board .1 516

Commissioner Dove said some paperwork was missing for approval of17

this liquor license application .1819

Chairperson Mulford postponed this public hearing until the paper20

work could be brought to the meeting .2 122

ITEM NO . 7 : CONSIDERATION OF A CONTRACT BETWEEN TILLAMOOK COUNT Y23

4-H & EXTENSION SERVICE DISTRICT AND THE OREGON STATE UNIVERSIT Y

( *k

EXTENSION SERVICE : Mr . Faudskar said this was the same agreementwhich was signed each year for the 4-H & Extension Servic e

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District .2 728

Commissioner Burdick moved to sign the contract, Commissioner Dov e29

seconded, passed with three aye votes .3 031

The Commissioners signed the contract .3 233

ITEM NO . 8 : MISCELLANEOUS PUBLIC WORKS : Discussion Concerning34

Rice Bridge on Bay Shore Drive : Mr. Oshel said offshore storms ha d35

delayed the progress on this bridge repair .3 637

Discussion Concerning Road Encroachments on Gould Avenue off Hughe y38

Lane : , Mr . Oshel said there were two parcels of property at the en d39

of the road on which citizens planned to construct homes, but40

residents along the road had done landscaping on road right-of-way .41

The right-of-way in question was between the Ray Yost property an d42

the Steve Springer property . Mr . Oshel said the road could not be43

put in without removal of the landscaping . It would have to be44

removed to open this up for development .4 546

ITEM NO . 9 : CONSIDERATION OF REOUESTS FOR HIGHWAY BRIDG E47

REPLACEMENT (HBR) PROJECTS : Discussion Concerninq Funding Request s48 for Bridge Replacement Projects : Mr . Oshel said ODOT was acceptin g

applications for a new round of selections for Highway Bridg eReplacement (HBR) projects . Mr. Oshel discussed the eligibility of

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bridges for HBR funding . He said Tillamook County had 85 bridges .52

He listed 17 as eligible for repairs, 6 of which were currentl y53

programmed for HBR or STP federal aid funding, 2 were scheduled for

MINUTES - TILLAMOOR'COUNTY BOARD OF COMMISSIONERS' MEETINGMarch 30, 199 4

repair or replacement with local funds and 2 were ineligible fo rfederal funding because they were too short . This left 7 bridgesto consider for HBR funding . They were Shorty Farmer Bridge ,

• Blazer Bridge, Tillamook River Bridge, Hushbeck Bridge, Cascade• Trace Bridge, Bewley Creek Bridge and Wyss Bridge . The Wyss Bridge• and Bewley Creek Bridge were not high priority at this time s o

applicaions were made for the other five .

Mr . Oshel said if he had the Board's concurrence, he would obtai nthe applications .

There was a consensus to apply for this HBR funding .

Discussion Concerning Road Damage to Bayocean Road by Heavy Roc kHauling : Commissioner Burdick said complaints . had been received ondamage to the shoulders of Bayocean Road by trucks hauling heav yrock to the Fred Meyer development site .

Mr . Oshel said he would investigate the situation .

SITTING AS THE BOARD OFTHE SOLID WASTE SERVICE DISTRICT

ITEM NO . 10 : MISCELLANEOUS SERVICE DISTRICT MATTERS : There was nodiscussion .

SITTING AS THEBOARD OF COMMISSIONER S

ITEM N0 .6 : (CONT'D) : Chairperson Mulford said the public hearinghad been opened and closed for public comment . She entertained amotion from the Board .

Commissioner Dove said as the paperwork had been brought to th emeeting, he moved to authorize the Chairperson to sign the liquo rlicense application for Tomichi Village, Commissioner Burdic kseconded, passed with three aye votes .

The Chairperson signed the liquor license application .

SITTING AS THE BOARD O FTHE HEBO SERVICE DISTRICT

ITEM NO . 11 : MISCELLANEOUS SERVICE DISTRICT MATTERS : Mr . Levesquesaid the bid opening on the water tank relining was scheduled fo rApril 13, 1994 .

Mr . Upshaw had not been able to finalize the contract for th ehauling of sludge to the Nehalem Bay Wastewater Agency . Mr .Levesque had gotten a two week extension from the Department o f

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Environmental Quality on this issue, and it would be reschedule d52

for April 13, 1994 .53

MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS/ MEETIN GMarch 30, 199 4

12345

SITTING AS THE6

BOARD OF COMMISSIONERS78

ITEM NO . 12 : CONSIDERATION OF ORDER AUTHORIZING ACCUMULATION OF9

VACATION CREDITS BEYOND THE ALLOWABLE LIMIT FOR SUE CAMERON AND10

LOLA HOLLETT TO BE USED IN JUNE, 1994 : Commissioner Burdick moved11

to sign the order authorizing accumulation of vacation credit s12

beyond the allowable limit for Sue Cameron and Lola Hollett ,13

Commissioner Dove seconded, passed with three aye votes .1415


ITEM NO . 13 : CONSIDERATION OF ORDER AUTHORIZING ACCUMULATION O F18

COMPENSATORY HOURS BEYOND THE ALLOWABLE LIMIT FOR BOB ESCADERO T O19

BE USED BY THE END OF THE FISCAL YEAR : Commissioner Dove moved to20

sign the order allowing the accumulation of compensatory hour s21

beyond the allowable limit, Commissioner Burdick seconded, passe d22

with three aye votes .2 3

(— 1

The Commissioners signed Order #94-48 .c 526

ITEM NO . 14 : CONSIDERATION OF APPOINTING MEMBERS TO THE FOO D27

SERVICE ADVISORY COMMITTEE : Ms . Cameron said a varied group o f28

citizens had been picked for this advisory committee .2 930

Commissioner Burdick moved to sign the order appointing Myr t31

Williams, Anne Key, Shirley Hedrick, Rene Munly, Joyce Heusser ,32

Steve M . Gemar and Abraham Velazco as members to the Tillamook33

County Food Service Advisory Committee, Commissioner Dove seconded ,34

passed with three aye votes .3 536


UNSCHEDULED : DISCUSSION CONCERNING REQUESTED SURVEY OF PROPERTY39

LINES ON PORT OF TILLAMOOK BAY PROPERTY : Mr . Martin said the Port40

of Tillamook Bay had requested that he discuss having the property41

lines of Tillamook County property abutting Port property surveye d42

by the County Surveyor . The Port had timber to be removed, an d43

they wanted to construct horse trails through that area .4 445

Commissioner Dove said if this requested survey was for the timber ,46

he had no objections, but if it was involved with the criminal cas e47

he had heard of, his answer would be no .4 8

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Chairperson Mulford asked what they wanted from the County .

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Mr . Martin said the Port wanted the County to supply the surveyo r52

and they would supply the brush cutters .53

a'5

2 62 72 8293 03 13 23 3343 53 63 73 83 94 04 14 24


There was a consensus to furnish the surveyor for this project .

UNSCHEDULED : DISCUSSION CONCERNING VIDEO VENTURE BUILDING ROOFREPAIR : Mr . Levesque said Mr . Larry West had mopped the areas o n

• the Video Venture building roof where the leaks were evident .

Commissioner Burdick said Mr . West had reported that the roof wa s• so thin, he was afraid walking on it damaged it . Commissioner• Burdick felt the Board should pursue a 30 year roof as soon a s

clearance on the building was received from the Department ofEnvironmental Quality .

UNSCHEDULED : DISCUSSION CONCERNING NORTHLAND INSURANCE BILLING :Commissioner Dove said a billing in the amount of $1,000 had bee nreceived from Northland Insurance Company for investigation o fclaims of Jim and Vicki Martin . He questioned whether or not thi swas a valid billing .

Counsel Putman said he was aware of this billing, but he had . notcontacted Northland Insurance about it .

There was a consensus to have Counsel Putman contact Northlan dInsurance in regards to this billing .

Chairperson Mulford recessed the meeting at 9 :50 a .m. andreconvened at 11 :30 a .m . for Executive Session, ORS 192 .660(1)(h )to discuss possible litigation .

This portion of March 30th minutes for the Board of Commissioners 'meeting is RESPECTFULLY submitted this 1 day of April, 1994 .

County Clerk : Josephine Veltri

APPROVED BY :

Leake, 'ecording SecretarySpecial Deputy

MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS' MEETINGWednesday, March 30, 199 4

Chairperson Mulford reconvened the meeting at 1 :30 p .m . Theminutes of this portion of the meeting were taken by Nanc ySwanson .

A guest list is attached to these minutes .

ITEM NO . 16 : PUBLIC HEARING :

Chairperson Mulford announced that a sign-up list was bein gcirculated for those who wished to testify and for those wh owished to be formally notified of the results of the hearing .She confirmed that Vic Affolter would hand out all applicabl ecriteria pertaining to the agenda items and she then read alou dthe statement of evidenc e . and testimony required by ORS 197 .763 .

At this point in the hearing, Commissioner Dove suggested Count yCounsel John Putman review two letters which had been placed onthe table before the start of the hearing by Don Churchill .

Chairperson Mulford asked if anyone in the audience had achallenge to the jurisdiction of the Tillamook County Board o fCounty Commissioners for the hearing about to commence and, i fso, to state that challenge . No challenges were stated .

Chairperson Mulford asked the Commissioners if they had an yconflicts of interest, personal biases o r . ex parte contacts to b edeclared regarding the upcoming matter . Commissioner Burdick ,Commissioner Dove and Chairperson Mulford stated they had none todeclare .

Vic Affolter, Department of Community Development Director ,explained to the Board that agenda items "A & B" were related, soto save time he would summarize them together . He said when i twas time for the Board's decision, they should consider each itemseparately . Mr . Affolter said he would be asking for acontinuance for agenda items "C & D" but he would describe thes eitems later so anyone wishing to testify would have tha topportunity .

A) Ordinance Amendment OA-94-03(33) to the Tillamook County LandUse Ordinance (LUO) to Create the NK-7 .5, NK-15 and NK-30 zone sfor Subsequent Application Within the Neah-Kah-Nie CommunityGrowth Boundary West of Highway 101 ; and Declaring an Emergency .Tillamook County Applicant/Vic Affolter ;


B) Zone Change RequestZC-94-01to Amend the Tillamook CountyComprehensive Plan Map and Land Use ordinance (LUO) to Change th eZoning Within the Neah-Kah-Nie Community Growth BoundarySouthwest of Highway 101 from R-1 (Low Density Urban Residential )to NK-7 .5, NK-15 and NK-30 ; and Declaring an Emergency .Tillamook County Applicant/Vic Affolter ;

Mr . Affolter said the procedure for these agenda items would b eslightly different than normal because the applicant wa sTillamook County and citizens representing substantial interes tin Neah-Kah-Nie . Mr . Affolter said he would make an initialpresentation and then ask the Neah-Kah-Nie Land Use Task Forc eand Ron Larson to make comments . Mr . Affolter introduced Tas kForce members Howard Harris, Marylyn Facchini, Tom Ayres andGordon King . Mr . Affolter added that Rick Hehn had served on th eTask Force for about a year but had not been involved for th elast six months . Mr . Affolter said it was his understanding thatMr . Hehn was essentially supportive of the accomplishments of theTask Force . Mr . Affolter then introduced Ron Larson, who ha dvolunteered time to help the Task Force .

Mr . Affolter said the Ordinance Amendment created a new zone fo rNeah-Kah-Nie and the zone change applied that zone to the Neah-Kah-Nie property west of Hwy . 101, within the current Neah-Kah-Nie Community Growth Boundary . Mr . Affolter summarized his staf freports and referred to letters and responses on goldenro dcolored paper that had been received from people in the communit yand in some cases his response . He said the process had begun inSeptember 1992, and was facilitated by a grant for $5,000 fromthe Department of Land Conservation and Development (DLCD) . Hesaid those involved felt they were able to leverage that $5,00 0grant into about $25,000 worth of work because of the invaluabl evoluntary contributions from Task Force members and Ron Larson .Mr . Affolter said their work resulted in the maps on display fo rthe hearing .

Mr . Affolter said a questionnaire was mailed to all residents o fthe subject area to get their opinion on the range of issues . Hesaid four public meetings were held in the area and each meetingwas noticed in the newspaper . . He said the last meeting wa sattended by approximately 50 people and other meetings ha dattendance in excess of 100 people .

Mr . Affolter said after the subject requests were heard by thePlanning Commission on March 10, 1994, the Commission votedunanimously, 6-0, to recommend Approval to the Board ofCommissioners .


Howard Harris, 8355 Treasure Rock Road, Neahkahnie, told theBoard he was Chairman of the Neah-Kah-Nie Land Use Task Force an dthen gave a brief description of his background . He said aspresident of the Neah-Kah-Nie Community Club, he had bee ndirected by the Community Club to organize a committee to selec tthe Task Force members . He said the Task Force ended up wit hfive members and met to discuss organization and their purpose .

Mr . Harris went on to say that the Task Force met with Mr .Affolter and he supplied them with large amounts of material t ostudy . Mr . Harris said that Ordinance Amendment Exhibit "B" ,Item 6, of the questionnaire, had to do with directing the TaskForce to make an in-depth study and base their study on th ephysical conditions existent in a particular area . Mr . Harri spointed to the display maps and said they were the maps generate das a result of the Task Force efforts .

Tom Ayres, 38760 Reed Road, Neah-Kah-Nie, said he was a self-employed architect and building contractor and had lived full -time on the north coast since 1970 . He said the overwhelmingresponse from the questionnaire was that development density b etied to the physical constraints of the land and to have th ecommunity developed in the same manner as it was, basicall ysingle-family residential . He said a Task Force subcommittee wasappointed to try to establish the correlation between th ephysical site constraints and the density .

Mr . Ayres explained the process to create the digitized maps o fNeah-Kah-Nie using parcelization and topography maps and a naerial photograph . He said the end result was land ownershipoverlaid on the topography . He said they then used the computerto show cross-section slices of representative slopes and parcelsin the community and the computer-generated percentage of slopefor each of those cross-sections in developed and undevelope dareas of the community .

Mr . Ayres said the subcommittee saw a strong correlation betweenthe slope and the existing developed densities, so they attemptedto assign proposed densities to the undeveloped areas which wer ein keeping with the existing developed area . He said theproposed zone lines would follow existing parcelization and n osingle ownership would have more than one zoning . He said mos tparcels contain varying terrain so they tried to assign adesignation that represented the whole property, sometime saveraging areas with different slopes and constraints, but tryingto reach an average that was fair . He said 0-20% slopes becamethe NK-7 .5 zone, 20-30% slopes NK-15, 30% and over slopes the NK -30 .

MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS' MEETINGWednesday, March 30, 199 4Page 1 0

Mr . Ayres added that the existing County ordinances which allowe dclustering and averaging in new subdivisions and planne ddevelopments would continue to apply in Neah-Kah-Nie under th eproposed zoning .

Mr . Ayres said the Task Force members firmly believed that th eproposed new density designations were better suited to the lan dand the people of the Neah-Kah-Nie community than the existin gdesignations and the members strongly urged the Board to adop tthe proposal .

Gordon King, 15715 N .W . St . Andrews Drive, Portland, said he hada home in Neah-Kah-Nie and before that he had lived in Manzanita .He summarized his background and cited a personal experienc erelating to property rights . He said he had been selected as amember of the Task Force to represent the interests of part-tim eresidents of Neah-Kah-Nie, to support a belief in privat eproperty ownership, and to try to alleviate dissension amongs tthe property owners in the Neah-Kah-Nie community .

Mr . King described the efforts of the Task Force . He said themembers discussed applicable land use issues until there was 100 %agreement and he felt the Task Force was fair with all privat eproperty owners . He said he had walked a lot of the land and ha dtalked to most of the interested people, and he felt the newzoning did not take anything away from anyone . He said areasupzoned as far as size physically would not be able to handle an ymore houses than was being prescribed .

Mr . King closed his comments by saying he felt the Task Force ha ddone what they were asked and more, and he hoped the Board o fCommissioners would approve the proposal .

Marylyn Facchini, said she lived in Neah-Kah-Nie and had lived i nan oceanfront community for the last 30 years . She said as arealtor she saw a lot of people, and she had never seen acommunity so involved and interested in an issue, and with suc hpride of ownership in their property . She said she felt everyon eeither took part or had an opportunity to take part in the inpu tfor the proposed request .

Discussing the Task Force work, Mrs . Facchini said a lot o fdevelopment had gone into the land use questionnaire . She saidthe questionnaire had been sent to every Neah-Kah-Nie propert yowner or resident listed on the tax roles, so everyone had anopportunity to respond . She said 82% of the people wanted th ezoning changes and felt Neah-Kah-Nie required something differen tfrom the rest of the county because of the physical constraint sand the topography . She said the Task Force felt good becaus e

--t-hey -- had reached a majority of the people and had gotten goo dresults from the questionnaire .


Ron Larson, Handforth Larson & Barrett professional engineer an dland surveyor, said he had been doing business in Manzanita since1976, so he had spent a considerable amount of time in Neah-Kah -Nie doing private property surveys, geologic hazard reports ,planning, and just walking on the beach . He said he could seethat the existing zoning in Neah-Kah-Nie was unrealistic andthere wasn't a lot of progress being made .

Mr . Larson said Handforth Larson & Barrett was contracted to d othe Neah-Kah-Nie mapping and all of the drafting and electronicwork was done under contract to Tillamook County . He said thefirm digitized assessor's maps and superimposed that informatio non an existing aerial photo . He said then the computer was abl eto show more information about the areas of an individual parce lor a group of parcels, and with or without roads . He said par tof this process was facilitated by the grant from DLCD .

Mr . Larson said the Task Force had questions about interpretin gthe slopes, contours, and densities of the area so he hadvolunteered his time to act as a consultant to the Task Force .He said as a group they looked at the different areas with th eone criteria that an entire piece of property have just one zon eapplied to it . He said to do otherwise would be a major effor tthat would cause more problems than it would solve . He addedthat sometimes there could be a large piece of property and onezone would not work, but he felt that was addressed in th esubdivision clustering provisions in the current Land Divisio nOrdinance .

Mr . Larson said he felt that the result was an excellent effort ,being more realistic planning for the Neah-Kah-Nie area . He saidhe urged the Board to adopt the zoning request .

Mr . Affolter said the Ordinance Amendment created a new zone forNeah-Kah-Nie and the Zone Change applied that new zoning to thecommunity . He said the new zoning limited permitted uses t othose most suited for a coastal community that wished to maintai na primarily single-family residential character . He said thezone allowed accessory structures, home occupations, small be dand breakfast facilities, and limited cemeteries, but eliminate dduplexes, cottage industries, golf courses, foster family homes ,and temporary real estate offices except those selling lot swithin an existing subdivision .

Commissioner Dove asked for clarification of temporary rea lestate offices and Mr . Affolter explained that one could have areal estate office within a subdivision for the purpose o fselling lots within that subdivision, until that subdivision wa scompleted .

MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS' MEETIN GWednesday, March 30, 199 4

Mr . Affolter said the proposal provided for minimum lot size sthat would bring the permitted density and ultimate buildout mor ein line with what the land physically could provide . He said hefelt this was a major accomplishment .

Mr . Affolter used the display maps to point out parcelization ,existing development, topography, varying slopes, and certainownerships .

Mr . Affolter said the Task Force arrived at consensus and at th eend, all members felt good about the final product .

Mr . Affolter said he had received additional letters of commen twhich he handed to the Board . Mr . Affolter said one letter wasin response to his request to Mr . Larson . Mr . Affolter explainedthat if one assumed on paper a duplex on every lot, one could us ethe current zoning to project a buildout in Neah-Kah-Nie of 4,00 0to 4,500 residences . He said the Task Force felt it would b ehelpful, particularly for the service providers, to put on.-paperan ultimate buildout in terms of the zoning that was closer t owhat was physically possible . Mr . Affolter said he had asked Mr .Larson to evaluate what the buildout would be for the area wes tof Hwy . 101 using the new zoning and Mr . Larson's projection wa sa generous 909 residences .

Mr . Affolter said this information was going to be very helpfu lto the service providers, including Neah-Kah-Nie water district .He said it would help justify the first-come, first-served wate rallocation policy because they could show they have enough wate rsupply to handle 900 residences .

Mr . Affolter said he also had a letter from Richard Whitman, a nattorney with Ball, Janik & Novack, who was representing Nanc yRinehart in this issue . He said the Rinehart-Beckwith propertywas approximately 95 acres and was the largest undevelopedownership in Neah-Kah-Nie . He said estimates on the buildout onthat property have varied from somewhat fewer than 50, to as muc has 100 . Mr . Affolter said the new zoning proposal would allow abuildout of at least 115 building sites on that property, wit hlots as small as 7,500 square feet, although the average lot siz ewould need to be 30,000 square feet . He said using the LandDivision Ordinance clustering provision, the property could b edeveloped at a higher density where appropriate but averaging ou tat 30,000 square feet . He said this would allow up to 115 sites .

Mr . Affolter said Mr . Whitman told him that as long as the ne wzoning worked the way it had been explained to him in terms o fproviding buildout with the use of the clustering provision i nthe Land Division Ordinance, he had no problem with the proposa land the zoning would work -for--thts piece---of property .


Mr . Affolter said Mr . Whitman did request that after final actio nby the Board, he be supplied with the specifics of the ne w'zoning . Mr . Affolter said he would provide that information .

Chairperson Mulford asked the Board if they had any questions o fthe applicant and there were none .

Howard Harris clarified questionnaire item 6 should reflect thatinformation was based on results from 82% of 55 or 6 0questionnaires submitted . Vic added that 50% of the communityresponded to the questionnaire . 82% of those who responde dindicated their preference for reducing permitted density base dupon physical constraints . He said they had to assume that 50 %was statistically a very significant sample that represented thecommunity .

Chairperson Mulford asked for testimony from opponents .

Harry Olson, resident of Manzanita, said he had written letter sopposed to the way the new zoning process was proceeding . Hesaid he had arrived at essentially the same lot distribution fo rhis preliminary subdivision by using the R-1 zoning and felt i twas the appropriate zone and should remain .

Mr . Olson said he was unable to find information that identifie dindividual pieces of property and how the criteria and new zonin gapplied to each parcel . He asked the Board if they had receive dany material that provided that information, ..and Chairperson .Mulford said the Commissioners had not received anything specifi cto each owner's property .

.

Mr . Affolter told the Board that the engineer who represented Mr .Olson's subdivision proposal was Ron Larson and Mr . Larson knewthat land as well as anybody, and Mr . Larson also was the personinvolved with the current process . Mr . Affolter said the Tas kForce was unable to understand what the issue was because th eOlsons had proposed a subdivision that allowed 17 lots on theirproperty and that subdivision had been approved by the Plannin gCommission and never appealed . Mr . Affolter said if the newzoning were applied, it would also allow 17 lots .

Mr . Affolter used the topography map to point out Mr . Olson' sproperty . He said that the 17 lots approved by the Plannin gCommission maximized development on that property .

Mr . Olson said he also had an interest in the whole community .He went on to ask if the clustering ordinances were in place withno plans to revise them, and were they likely to be challenged bythe Land Use Board of Appeals (LUBA) . Since Commissioner Dov ewas not clear on the question, Mr . Olson asked -if it—be-camenecessary for one of the property owners to use the clustering

MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS' MEETIN GWednesday, March 30, 199 4

section, were the clustering ordinances in place, were the ylikely to be revised in the near future, and would they hold u pif there was a LUBA appeal . Mr . Olson cited the example, shoul dsomeone wish to apply strictly 15,000 square feet on his propert yand disallow the 7,500 square feet .

Mr . Affolter said the clustering provisions were currently par tof the Land Use Ordinance and also were written into the newNeah-Kah-Nie zoning . He said no one could challenge what alreadywas an approved portion of the ordinance . Mr . Affolter said theLand Division Ordinance would be amended over time but th eclustering provisions would not be removed .

Nancy Rinehart, said they had owned their property since 1954 an dthey had been saving it for future generations . She describedthe property as a wooded area with ravines . She said they woul dprefer that the property be set at the NK-15 zoning like everyon eelse unless the constraints of the property regulated otherwise .She said it was a large piece of wooded land and it had not ` beensurveyed yet . She said they would like to join everybody else inthe NK-15 zone and see what the land would do .

Don Churchill, Neah-Kah-Nie resident, said each member of th eTask Force had made some error of fact in summarizing theprocess . He said one made by Mrs . Facchini had been clarifie dbut it had not been clarified that 50% of the people receivin gthe questionnaire did not answer primarily because he wrote thema letter asking them not to answer the questionnaire . He sai dthe questionnaire did not bring into view all the consideration sto rezone Neah-Kah-Nie and these considerations had not even bee nraised by the Task Force .

Mr . Churchill said some of the issues that must be raised he ha dput in his letters dated March 30, 1994, which had been placed onthe table before the start of the hearing . He said in particularthe letter referring to Ordinance Amendments 94-03, 04, and 05 ,and Zone Changes 94-01 and 02 . He said he had made reference toall of the issues in the letter because he understood the curren trequirements were being dealt with by DLCD, but also had been i nthe laws since 1986 . He said that in order to make a zon echange, the County must address the issues addressed in hi sletter .

Mr . Churchill said the purpose of Periodic Review was to re-address as appropriate what had been done . He said he was sur eeverything in the county could not be reviewed at any one time ,that it was an ongoing process, but in the case of Neah-Kah-Nie ,it simply had not been done . He said he personally knew peopl ewho felt the questionnaire did not address the needs of th ecommunity .


Nancy Rinehart said she and a number of friends did not answe rthe questionnaire because it was too difficult and too ambiguous .She said she understood how difficult it was to formulate aquestionnaire and to make it available and fair to everybody .She said she just wanted everybody to know that they did no trespond at the request of anyone .

Chairperson Mulford asked if there was any other testimony .There was none .

Chairpersons Mulford asked for any rebuttals .

Mr . Affolter responded to comments made by Don Churchill . Mr .Affolter said he thought Mr . Churchill was saying that the Count yhad to address certain of the Statewide Planning Goals . Mr .Affolter said the County had an acknowledged Comprehensive Pla nand an acknowledged Land Use Ordinance, so this was not require dof the County with respect to this particular property .

Mr . Affolter said he did not know what Mr . Churchill wouldpropose for Neah-Kah-Nie but that it was an area that had urbanresidential zoning for at least the last 20 years, and all of th earea was sewered . Mr . Affolter said to rezone the area Rura lResidential or something even less dense would be inappropriat eunder the circumstances .

Mr . Affolter said that in all the zoning done in TillamookCounty, he did not think the County had ever had the kind o ftime and ability to perform the type of analysis and to obtai nthe kind of factual base as was obtained for the proposed zone i nNeahkahnie .

In response to comments regarding the Rinehart property, Mr .Affolter suggested the Board consider the comments of Mrs .Rinehart's attorney . He said that two years ago Mrs . Rinehart' srepresentative stood before the Board of Equalization and argue dthat 50 or fewer lots was all that the property could handle . Hesaid Mr . Whitman did that on her behalf as her attorney . Mr .Affolter said there was a dispute with the Assessor's office ove rwhat the value of the property was but they agreed to 50 lots .Mr . Affolter said the new zoning was proposing a minimum of 11 5lots, more than the property would physically be able to handle .He added that this might be of some assistance in futur ediscussions with the Assessor because it was an indication from aland use perspective of what was capable on the land andincreasingly the Assessor is relying on that .

Mr . Affolter said he had long conversations with Mr . Whitman,and he seemed to be totally comfortable with what was bein gprovided for the property .


Commissioner Dove asked Mrs . Rinehart if she was comfortable wit hwhat was being proposed . Mrs . Rinehart said she guessed it wa sthe restrictions, why not have the freedom of doing 140 lots i fthat was what it was . She said it was restrictive, but sh ewished she knew exactly how restrictive .

Mrs . Rinehart asked if she could say something about the lettermentioning a 50-lot maximum for their property and was told yes .She said when the Carter property was sold, the Assessor used th eprice per acre of the Carter land and applied that to thei rproperty, which increased their property 900% .

She said theproperties were different, theirs had ravines . She said theydecided to appeal it and in appealing it, there was a letter tha thad an estimation used by the Neah-Kah-Nie Water Department whic happlied 50 to their property . She said Richard Whitman used tha tinformation as a possibility for the property and . .that was howthat 50 got into the process . She said they did not claim tha twas what it was, . they just used the figures from anothe rjurisdiction .

Mr . Affolter said all he would like to see was some consistencyin the information presented . He said he was absolutelyconfident that the new zoning provided for more development tha nthe Rinehart property could physically handle, and he thoughtthat everyone on the Task Force and Ron Larson were comfortabl ewith that .. Ron Larson said he agreed that he was comfortablewith that .

Commissioner Dove asked the Olsons if they were comfortable wit hthe proposal . Joy Olson said they were just worried about th eclustering . She said since they already had 17 lots under theold zoning, why change it when it already was done . She saidthey also were worried if anyone could challenge thei rsubdivision. Mr . Affolter said the subdivision was absolutelyapproved, the R-1 zone would no longer be existent in •Neah-Kah-Nie, and the appeal time was gone .

Commissioner Dove said he had had the feeling that consensuswould never be reached . He said he wanted to congratulat eeveryone and commend them for all their efforts .

Mr . Affolter said the Englands had been concerned about th eproposal . He said their situation was somewhat similar to th eOlsons . He said Ron England had come to the Planning Commissio nhearing and presented a couple of things for the record regardin ghow wetlands would be dealt with . Mr . Affolter said once tha tissue had been explained, the Englands were satisfied with howthe new zoning would work with their property .


Mr . Affolter said that when looking at a piece of property wher ethere were wetlands, the density would be based on the amount o fdevelopment on the entire piece of property .

At this time, Chairperson Mulford closed the hearing to all ora ltestimony and asked the Board if they were ready to make adecision .

Mr . Affolter told the Board they needed to make a decision an dthen he would bring the amending ordinance to them in two weeks .He said he did not prepare the ordinance until the Board mad etheir decision .

Commissioner Burdick made a motion that the Board o fCommissioners approve OA-94-03, based on the apparent hard wor kof the committees, the work of staff, the questionnaire, al lapplicable criteria, the Findings of Fact, and the Tillamoo kCounty Land Use Ordinance . Commissioner Dove seconded th emotion . The motion passed unanimously with 3 aye votes .

Commissioner Dove made a motion that the Board of Commissioner sapprove Zone Change Request ZC-94-01 to amend the Tillamoo kCounty Comprehensive Plan Map and Land Use Ordinance to chang ethe zoning within the Neah-Kah-Nie growth boundary Southwest o fHwy . 101 from R-1 to NK-7 .5, NK-15, NK-30 . Commissioner Burdickseconded the motion . The motion passed unanimously with 3 ay evotes .

At this point in the hearing, Don Churchill said he missed th eopportunity to object to the jurisdiction of the Board o fCommissioners in hearing this matter .

Chairperson Mulford responded that she had already read th equestion into the record, it was not responded to, and the Boar dhad gone through the hearing and the voting . Mr . Churchill askedthat his request be made a matter of record that he did object atthis time . Chairperson Mulford said it would be made part of th erecord .

C) Ordinance Amendment OA-94-04 and Zone Change Request ZC-94-0 2to Amend the Tillamook County Comprehensive Plan (Ordinance #32 )and Land Use Ordinance (Ordinance #33) to Extend the Neah-Kah-Ni eCommunity Growth Boundary to Include the 90-acre Rura lResidential Area that Lies Adjacent and Northeast of Highway 10 1and Designated as a Portion of Tax Lot 200 through Tax Lot 120 1of Section 20, Township 3 North, Range 10 West of the Willamett eMeridian, Tillamook County, Oregon . Tillamook CountyApplicant/Vic Affolter ;


D) Ordinance Amendment OA-94-05 to Amend Section 3 .010(4) of theCounty's Land Use Ordinance to Require a Two-Acre Minimum LotSize Within the Rural Residential Zone Within the Neah-Kah-Ni eCommunity Growth Boundary . Tillamook County Applicant/Vi cAffolter .

Mr . Affolter summarized these amendments . He used the displaymaps . to point out . that the request area was about a 90-acr eportion of property northeast of Hwy . 101 currently zoned RR(Rural Residential) . He said the current Community Growt hBoundary line for Neah-Kah-Nie followed Hwy . 101 . He said thepolicy of the Comprehensive Plan was a prohibition agains textending sewer services outside of an urban or community growthboundary because the public sewer was the defining urban service .He said if one had a sewer, generally one was within an urba ngrowth boundary or a community growth boundary . He said thesewer generally was not extended beyond the urban or communitygrowth boundaries .

Mr . Affolter said the concern was how development on septic tan kand drainfield would affect the water shed in Neah-Kah-Nie, an dthere was some feeling that it would be better if the developmen toccurred there on sewer, but it could not be sewered unless th eCommunity Growth Boundary (CGB) was extended .

Mr . Affolter said normally by extending the CGB, it would reduc ethe minimum lot size from two acres, down to 20,000 square feet .He said one of the amendments was to provide that within th eNeah-Kah-Nie CGB in the rural residential zone, property remai ntwo acres . He said the bottom line was to include this area i nthe-CGB so that it could be sewered, but to maintain the currentdensity . He said it made a lot of sense except that undercurrent Oregon law when considering extending the CGB one get sinto some legal thickets .

Mr . Affolter stated that he had received a couple of letters thatraised concerns about the expansion . He stated that approval ofan expansion might be reversed upon appeal .

Commissioner Dove asked how many ownerships were within the area ,and Mr . Affolter replied there were 10 ownerships with 4residences .

Mr . Affolter went on to say that the Nehalem Bay Wastewate rAgency would like to have the area sewered because they have i tin their sewer district, and people are being charged sewe rassessment fees and currently cannot be sewered .

MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS' MEETINGWednesday, March 30,

199 4Page 1 9

Mr .

Affolter

stated

that

he

was

concerned about investingsubstantially more time on a proposal that could lead nowhere i fthere

was

an

appeal .

He

recommended

that the Board

o fCommissioners

continue

the

item

until

their June 22,

1994meeting, which would provide sufficient time to decide how t oresolve the issue .

The three Commissioners reached consensus to postpone OA-94-0 4and ZC-94-02 to their June 22, 1994 meeting .

Chairperson Mulford adjourned the meeting at 2 :43 p .m .

This portion of the minutes respectfully submitted this day o f

199 j .

County Clerk : Josephine Veltr i

APPROVED BY :

Bt/kit-d:de',VI'l

Cp .Chairperson

e-¢hairpeson

Commissioner

March 30, 199 4

Tillamook County Commissioner sTillamook, Oregon

Re : OA-94-01 (continued from January 13, 1994 )

Dear commissioners ;

I bring your attention to the effect of raising appea lfees for hearings before County bodies to the leve lpaid by applicants :

1 . The cost of an appeal does not merit a fee equal tothe cost incurred by an application for a permit .

2 . Any high fee will subvert Oregon's intent to includecitizen participation at every level of land us eplanning. Such a fee will dissipate any loca lopposition to applications .

3 . Fifty dollars is an adequate and reasonable cost-basedfee for local appellant's hearings .

The appeal submission period should be . long enough to submitfully articulate objections to the decision in review . I suggest21 days .

onald Ch hill37860 Reed RoadNehalem, OR 97131

1

March 30,199 4

Tillamook County Commissioner sTillamook, Oregon

Re : OA-94-03, OA-94-04, OA-94-0 5and ZC-94-01, ZC-94-02 .

Dear Commissioners ;

Any change in what Tillamook County calls th eNeahkahnie Community Growth Boundary or changes withinthat exception area ( Goal 17, Goal 14 and Goal 2) ar econtrolled by ORS 197 .732, Goal 2, Part II, and OARchapter 660 . 301 OR 447 at 512 . All of the criteriathat were applied or should have been applied to thi sarea must be re-applied before you approve of thes eproposals to change either the zoning, the Comprehen -sive Plan or the Land Use Ordinance .

Whether or not the past exceptions taken by th eCounty to denote Neahkahnie as "functionally urban" ar eflawed, the Department of Community Development must inthe present cases make a new record showing. that it hascomplied with the land use laws including the goals aswell as the Tillamook County criteria .

onald Churchill37860 Reed RoadNehalem, OR 97131

BALL,JANIK & NOVAC KATTORNEYS AT LAW

ONE MAIN PLAC E101 S . W . MAIN STREET, SUITE 1100

1101 PENNSYLVANIA AVE . N. W ..SUITE 103 5PORTLAND, OREGON' 97204-3274

WASHINGTON . 0.0.20004TELEPHONE (5031 228-2525

TELEPHONE 12021 638-330 7RICHARD M . WHITMAN

TELECOPY (5031 295-1058

TELECOPY 12021 783-694 7

March 29, 199 4

BY;riX ,JR_LGINriL BY 'r'EDERAL EXPRES S

Mr . Vic AffolterDirectorTillamook CountyDepartment of Community Developmen t201 Laurel AvenueTillamook, Oregon ,9714 1

Re : Ordinances 94-03, 94-04, 94-05 and ZC 94-02/Neahkahni eComprehensive Plan and Zoning Amendments

Dear Mr. Affolter :

As you know, I represent Alice Beckwith and Nanc yRinehart, the owners of one of the largest undeveloped propertie sin the Neahkahnie Community Growth Boundary . TheRinehart/Beckwith property is Tax Lot 900, and consists o fapproximately 95 acres . The property is proposed to be zoned asNK-30 (30,000 square foot minimum lot size) . This letter isintended to confirm prior conversations you have had with NancyRinehart and me, and to address certain concerns with th eproposed ordinances . Please enter this letter into the recordfor the above-referenced ordinance amendments and zoning change .

It is our understanding that the proposed ordinance swill allow a total net ' density on the Rinehart/Beckwith propertyof 115. dwelling units, and that in determining . density the onl yland area subtracted from the gross acreage is fifteen percent(15%) of the land area for circulation . It is also ourunderstanding that areas of geologic instability or wetlandswould not be subtracted from the gross acreage in determining th eallowable number of units . By utilizing the cluster subdivisio nprovisions of the county's land division ordinance, whichspecifically apply to Neahkahnie and my client's property, aproperty owner will be able to avoid such areas while retainingthe overall density allowed for the property. Development as acluster subdivision would allow lot sizes down to a minimum o f7,500 square feet, with no conditional use approval required .

BALL, .JANIK & NOVAC K

Mr. Vic AffolterMarch 29, 199 4Page 2

While there are no immediate plans to develop thi sproperty, I do want to assure that my clients' long-terminterests are protected . In order to make sure that myunderstanding of the effect of the proposed-ord.?.nances iscorLac: :, i would appreciate your sending me a copy of the finalversion of each of the proposed ordinances, as well as the zonechange, at your earliest convenience . Thank you for taking timeto discuss the ordinances and for your assistance in sending methe final versions .

cc . Nancy RinehartAlice Beckwith

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