UMATILLA COUNTY BOARD OF COMMISSIONERS

Meeting of June 2, 2008

11:00 a.m., Room 114, County Courthouse, 216 SE 4th St.

Pendleton, Oregon

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COMMISSIONERS PRESENT:                

Bill Hansell (Chair), Dennis Doherty, Larry Givens

 

PLANNING STAFF PRESENT:                 

Tamra Mabbott, Richard Jennings, Heather Haueter

 

COUNTY COUNSEL:                                  

Doug Olsen

 

GUESTS PRESENT: 

Pat Sullivan, Charles Doty, Bob Buchanan, John Junkin (via phone)

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CALL TO ORDER:

 

Commissioner Hansell reconvened the meeting at 11:00 a.m.

 

 

CONTINUED HEARING:

 

REMAND - VARIANCE #V-291-06 AND LAND PARTITION #LD-5N-714-06: Powerline Ranch, LLC Applicant and Owner.  Property is Tax Lot 400 of Assessor’s Map 5N 35 and is located east of Lower Dry Creek road.   The property is zoned Exclusive Farm Use (EFU).

 

THE PROPOSED REQUEST is to partition the property into two parcels of 80 acres and 93.25 acres pursuant to UCDC Type IV, Review II, Level I land divisions.

 

REMAND - VARIANCE #V-292-06 AND LAND PARTITION #LD-5N-715-06:  Vineyard Group LLC Applicant and Owner.  Property is tax lot 401 of Assessor’s Map 5N 35 and is located east of Lower Dry Creek Road. The property is zoned Exclusive Farm Use (EFU).

 

THE PROPOSED REQUEST is to partition the property into two parcels of 90.53 acres and 80.02 acres pursuant to UCDC Type IV, Review II, Level I land divisions.

 

REMAND - VARIANCE #V-294-06 AND LAND PARTITION #LD-5N-717-06:  High Ridge Properties, Applicant and Owner.  Property is tax lot 802 of Assessor’s Map 5N 35 and is located on the west side of Lower Dry Creek road and south of Seven Hills Road.   The property is zoned Exclusive Farm Use (EFU).

 

THE PROPOSED REQUEST is to partition the 359.80 acre parcel into three parcels, of 80.5 acres, 161 acres and 132.20 acres pursuant to UCDC Type IV, Review II, Level I land divisions.

 

REMAND - VARIANCE #V-295-06 AND LAND PARTITION #LD-5N-718-06:  North Slope Management, LLC, Applicant and Owner.  Property is tax lot 803 of Assessor’s Map 5N 35 and is located west of Lower Dry Creek Road and south of Seven Hills Road. The property is zoned Exclusive Farm Use (EFU).

 

THE PROPOSED REQUEST is to partition the 231.64 acre parcel into two parcels of 83.8 and 147.9 acres in size pursuant to UCDC Type IV, Review II, Level I land divisions.

 

Criteria of approval for the proposed partitions and variance requests can be found in Sections 152.710 (B) (3) of the Umatilla County Development Code and the remand decision of the Land Use Board of Appeals.  

 

It was noted that Jon Junkin, attorney for the applicants was conferencing in to the hearing by phone.

 

Staff Report: 

County Counsel Doug Olsen explained that this was a continuation of the hearing that started on May 8, 2008, which is before the Board on remand from the Land Use Board of Appeals (LUBA).  At the last hearing the Board agreed to a schedule to allow the opponents, Friends of Umatilla County, to file a response, which was received in the form of a letter dated May 21, 2008.  Also received was a letter from John Junkin, counsel for the applicant, dated May 29, 2008.  The record closed at 5:00 p.m. May 29, 2008.  Mr. Olsen noted that he had concerns that attachment A of the May 29th letter from Mr. Junkin may contain new evidence.  He recommended that the Board strike attachment A from the record.    

 

After discussion among the Board and Mr. Olsen about the attachments to Mr. Junkin’s May 29, 2008 letter, the Board was in agreement to striking all attachments to that letter from the record.  The letter from Friends of Umatilla County would be Exhibit #14 and the letter from Mr. Junkin would be Exhibit #15. 

 

Commissioner Doherty moved to add Exhibits #14 and #15 to the record, with the deletion of the attachments to Exhibit #15.  Commissioner Givens second.  Motion carried unanimously. 

 

Hearing Closed; Deliberation and Decision: 

Commissioner Hansell asked for clarification as to what type of decision the Board would be making, as this application had been remanded from LUBA.  Mr. Olsen explained that the applicant had revised their application to meet circular area review criteria for land division, so the Board needed to either approve or deny the application.

 

Commissioner Doherty noted that what the Board was being called upon to review was satisfied by the Circular Area Review (CAR), which has shown that the partitions in these applications are within an acceptable range of the character of the subject area.  He understood that Friends of Umatilla County was not challenging the CAR process, but requesting a different way of applying it. 

 

Commissioner Doherty found the proposed lots compatible with the configuration of the area in question and felt the partitions would serve a functional use of farm ground, consistent with Umatilla County Comprehensive Plan goals.  The proposed partitions encourage diversification of land use, and even though Friends of Umatilla County advocates an approach that discourages this type of use, he was in favor of the request. 

 

Commissioner Givens stated that he too was in favor.  He noted that a big issue appears to be a difference of opinion in what types of agricultural uses are best for the area.

 

Commissioner Hansell stated that he was also in favor, noting that the justification methodology had been met, and the lots created would be acceptable and actually even larger that what was originally approved. 

 

Commissioner Givens moved approval in the matter of approving on remand, land partition for Powerline Ranches, LLC; Board Order No. BCC 2008-047.  Commissioner Doherty seconded.  Motion carried unanimously.

 

Commissioner Doherty moved approval in the matter of approving on remand, land partition for Vineyard Group, LLC; Board Order No. BCC 2008-048.  Commissioner Givens seconded.  Motion carried unanimously.

 

Commissioner Givens moved approval in the matter of approving on remand, land partition for High Ridge Properties, LLC; Board Order No. BCC 2008-049.  Commissioner Doherty seconded.  Motion carried unanimously.

 

Commissioner Doherty moved approval in the matter of approving on remand, land partition for North Slope Management, LLC; Board Order No. BCC 2008-050.  Commissioner Givens seconded.  Motion carried unanimously.

 

 

ADJOURNMENT:

 

The meeting was adjourned at 11:15 a.m.

 

 

Respectfully submitted,

 

 

Heather Haueter

Secretary