minutes - tillamook county board of commissioners' … … · mascot equipment co. 12,000...

MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS' MEETIN GWednesday, January 16, 199 1

COMMISSIONERS PRESENT : Kenneth M. Burdick, Chairperso nJerry A . Dove, Vice-Chairperso nIda A . Lane, Commissioner

STAFF PRESENT : William K . Sargent, County Counsel ; PaulLevesque, Executive Assistant ; Leota Leake, Recording Secretar y

STAFF PRESENT FOR PORTIONS OF MEETING : Jon Oshel, Public WorksDirector ; Dave Krebs, Shop Superintendent ; Vic Affolter, Communi -ty Development Directo r

GUESTS PRESENT : Bill Miles, Beaver ; See guest list attached .

CALL TO ORDER : By Chairperson Burdick at 10 :00 a .m . in theJustice Court Room .

ITEM NO . 1 : MISCELLANEOUS PUBLIC WORKS : Discussion ConcerningJail Ceiling : Mr . Oshel discussed the repair needed on the jai lceiling . He said he would investigate the matter further .

Discussion Concerning Septic Tank at Public Works Office : Mr .Oshel said the septic tank is totally useless . A new septic tankmight be needed . He would proceed with the repairs .

UNSCHEDULED : Discussion Concerning Support of Port of Tillamoo kBay Railroad Rehabilitation Grant Application : Mr. Levesque sai da request had been made by the Port of Tillamook Bay for tw oletters supporting them . Mr . Levesque discussed the letter srequested to be written by the County . There was a deadline o fFebruary 5, 1991 .

Commissioner Lane moved to write the two letters to support th erailroad grant application of the Port of Tillamook Bay . ViceChairperson Dove seconded, motion passed with three aye votes .

Mr . Levesque was instructed to write the letters .

ITEM NO . 2 : BID OPENING : HOT PLANT FUEL TANK : ChairpersonBurdick opened the bids :

COMPANY TANK GALLONAGE BID AMOUNTICWF Inc . 12,595 $16,78 6N .W .Pump & Equipment Co . 12,000 $14,0785 .6 0Saulberg Equipment No BidKramer Construction 12,000 $21,67 4Mascot Equipment Co . 12,000 $16,87 5Pesco Co . 12,000 $29,556


Chairperson Burdick said the apparent low bidder was N .W . Pump &Equipment Co .

The bids were turned over to Mr . Krebs for review .

ITEM NO . 3 : BID OPENING : FUEL STATION : Mr . Oshel recommendeddelaying the bid opening until January 23, 1991 . The bid openin gwas rescheduled .

SITTING AS THE BOAR DOF THE SOLID WASTE SERVICE DISTRIC T

ITEM NO . 5 : MISCELLANEOUS SERVICE DISTRICT MATTERS : DiscussionConcerning Pumps : Mr. Oshel said the pumps at the landfill ha dbeen repaired but were working . A schedule was being set to hav eRoto Rooter pump the silt from the bottom of the tank every otherweek . There was a discussion about the status of the Solid Wast ebudget .

Discussion Concerning Solid Waste Dumped on Fraser Road : Chair-person Burdick said a letter had been received regarding th edumping of solid waste on right-of-ways off Tillamook River Road .Mr . Oshel said he would investigate the matter .

SITTING AS THEBOARD OF COMMISSIONER S

ITEM NO . 4 : BID OPENING : ONE TON DUMP TRUCKS : ChairpersonBurdick opened the bids :

COMPANY

TOTAL BID (PRICE PER UNIT )Utility Equipment Company

No bid .Gresham Dodge

$18,747 .4 5Bob Wirth Motors

$18,81 6Timberline Dodge Inc .

$16,744 .6 2Tillamook Motor Company

$17,978 .50 - $18,600 .5 0Truck Center Corp

$17,75 3Bruce Chevrolet

$18,69 8Russell Chevrolet

$18,545 .5 9

Chairperson Burdick said Timberline Dodge Inc . was the apparentlow bidder .

The bids were turned over to Mr . Oshel for review .

There was a discussion about the bids being advertised statewide .

SITTING AS THE BOARDOF THE HEBO SERVICE DISTRICT


ITEM NO . 6 : MISCELLANEOUS SERVICE DISTRICT MATTERS : Chairperso nBurdick said work was being done on the new water line .

SITTING AS THE BOARDOF COMMISSIONERS

ITEM NO . 7 : EXECUTION OF TAX DEED TO BRINAN, DUDLEY AND WARREN ,INC ., A NEVADA CORPORATION FOR TAX LOT 1N10 34DB 7300, IN FUL -FILLMENT OF A TAX LAND INSTALLMENT CONTRACT : Mr . Levesque saidthis deed was issued in fulfillment of the contract .

Commissioner Lane moved to sign the deed, Vice-Chairperson Dov eseconded, passed with three aye votes .

The Commissioners signed the Deed .

ITEM NO . 8 : CONSIDERATION OF ORDER FOR RECORDING ALL TILLAMOOKCOUNTY BOARD, COMMISSION AND COMMITTEE MEETINGS : ChairpersonBurdick said more research should be done on this matter .

There was a consensus to schedule a workshop .

ITEM NO . 9 : DISCUSSION CONCERNING HOME RULE : Mr . Madison said agroup of citizens interested in the adoption of Home Rule wer erequesting the County Commissioners to adopt the resolutio nsetting up a Tillamook County Charter Committee . He said thepeople of the County could request this by petition or the Com-missioners could elect to adopt the resolution . He discussed theresponsibilities of that Committee .

Counsel Sargent said the Commissioners were not required to adoptthe resolution . Chairperson Burdick said a substantial percent-age of the citizens of the County should indicate to the Commis-sioners they want this committee set up . He said 382 signatureson a petition would be required. Mr. Madison asked if Count yCounsel would draft the petition . Counsel Sargent felt he wa snot in a position to fulfill that request .

ITEM NO . 10 : CONSIDERATION OF AN ORDER REGARDING HOME RULE :Chairperson Burdick read the proposed resolution regarding HomeRule for Tillamook County .

Commissioner Lane moved to sign the resolution regarding HomeRule, Vice-Chairperson Dove seconded, passed with three ayevotes .

The Commissioners signed Resolution R-91-1 .

ITEM NO . 11 : DISCUSSION CONCERNING A PROPOSED LAND EXCHANGE AN DPARK DEDICATION : Mr . Levesque said this land exchange involved apiece of property which Tillamook County had deeded to the City


of Bay City for park purposes with a reversionary clause . Theland exchange would involve a three-way exchange between Mr . &Mrs . Olson, Bay City and Tillamook County .

There was a discussion regarding the reason for this request .

Chairperson Burdick said the Commissioners would take the infor-mation under advisement . Another appraisal would be obtain-ed ,and the Commissioners would get back to the Council of Bay City .A thorough investigation of the matter would be done .

Ms . Albright asked if they would be notified . ChairpersonBurdick said yes, a notification would be made .

ITEM NO . 12 : CONSIDERATION OF SIGNING LIQUOR LICENSE APPLICATIONFOR NESTUCCA VALLEY SPORTING GOODS : Vice-Chairperson Dove movedto sign the liquor application for Nestucca Valley Sportin gGoods, and to authorize the Chairperson to sign, Commissione rLane seconded, passed with three aye votes .

The Chairperson signed the Application .

ITEM NO . 13 : CONSIDERATION OF ORDER APPOINTING A MEMBER TO TH ETILLAMOOK COUNTY WELFARE ADVISORY BOARD : Commissioner Lane movedto appoint Louise Minisce to the Tillamook County Welfare Adviso -ry Board, Vice-Chairperson Dove seconded, passed with three ay evotes .

The Commissioners signed Order #91-4 .

ITEM NO . 2 : (CONT'D) : Mr. Oshel recommended awarding the bi dfor the hot plant fuel tank to ICWF, the low bidder .

Commissioner Lane moved to approve the ICWF, Inc . bid in theamount of $16786, Vice-Chairperson Dove seconded, motion passe dwith three aye votes .

ITEM NO . 4 : (CONT'D) : Mr . Oshel recommended awarding the on eton dump truck bid to the low bidder, Timberline Dodge, Inc .

A discussion followed regarding the bids received . Budgets fo rthe upcoming year were discussed .

Vice-Chairperson Dove moved to approve the Timberline Dodge, Inc .bid in the amount of $16,744 .62 per unit, Commissioner Lan eseconded, motion passed with three aye votes . •

Chairperson Burdick recessed the meeting at 12 :10 p .m . and recon-vened at 1 :30 p .m .o


ITEM NO . 14 : PUBLIC HEARING : OA-90-12(33) : TO AMEND TILLAMOO KCOUNTY ORDINANCE NO . 33, THE LAND USE ORDINANCE, TO INCORPORATECHANGES IN SECTION 3 .002, THE FARM (F-1) ZONE, WHICH BRINGS I TINTO COMPLIANCE WITH CURRENT STATE STATUTES AND ADMINISTRATIV ERULES AS A PART OF THE COUNTY'S PERIODIC REVIEW PROCESS, AN DDECLARING AN EMERGENCY : Mr . Affolter said this amendment wa sbeing done in order to bring this ordinance into compliance wit hState statutes . He explained the reason this amendment was beingrequested .

Commissioner Lane moved to approve the zone change, Vice-Chairperson Dove seconded, passed with three aye votes .

UNSCHEDULED : Execution of Ordinance Amendment OA-90-11(23 )Amending the City of Manzanita Zoning and Comprehensive Pla nOrdinances and Ordinance #23, the Manzanita Urban Growth Boundar yOrdinance : Commissioner Lane moved to sign the Ordinance Amend-ment OA-90-11(23), Vice-Chairperson Dove seconded, passed wit hthree aye votes .

The Commissioners signed OA-90-11(23) .

Chairperson Burdick recessed the meeting at 1 :50 p .m . and recon-vened at 2 :30 p .m . in the City Hall Council Chambers .

ITEM NO . 15 : The minutes for this item are attached hereto fo rthe record .

Chairperson Burdick adjourned the meeting at 4 :43 p .m .

This portion of the minutes is respectfully submitted this day of February, 1991 .

n .reota Leake, Recording Secretary

APPROVED BY :

KENNETH M . BURDICK

JERRY A . DOVE IDA A . LANE


Chairperson Burdick reconvened the meeting at 2 :30 P .M . in theCity Hall Council Chambers at 210 Laurel Avenue, Tillamook ,Oregon . The minutes of this portion of the meeting were taken byBarbara Legoo .

A guest list is attached to these minutes .

ITEM NO . 15 : PUBLIC HEARING ZC-90-07 : Request for a change on54 acres of land now designated as SFW-20 (Small Farm and Woodlo t20 acre minimum) to R-2 (Medium density Urban Residential) zone ,and for inclusion in the Pacific City Community Growth Boundar yThe property is located southeast of the Pacific City Height sSubdivision on Tax Lot 1100 of Section 30, Township, 4 South ,Range 10 West of the Willamette Meridian ; Tillamook County ,Oregon, and declaring an emergency/Arnold Meyerstein, 'applicant/Vic Affolter .

Before continuing with the hearing, Chairperson Burdick state dthat Vic Affolter, Planning Director, would provide applicabl ecriteria to the audience regarding this agenda item . Chair-person Burdick then read aloud the statement regarding evidenc eand testimony which is required by ORS 197 .763 .

Mr . Affolter indicated all the written material received by th eBoard regarding this issue and told the audience that it is quit eextensive . He then identified all items in the material whichincluded all staff reports, addendums, and all comments by con -cerned people, including attorneys from both sides of the issue .

Mr . Affolter referred to the zoning map on display and indicate dthe 54 acre parcel in question and which was identified in red .He then pointed out various locations in the area which include dthe Pacific City area, Nestucca River, Brooten Road, and Highwa y101 . He described the subject parcel as an "island" surroundedby Resort Drive, Brooten Road and the highway .

For further identification, Mr . Affolter stated that the parce lis on Brooten Mountain east of Pacific City .

He said the blackcross hatched area on the map identified Pacific City Height swhich is approximately a 50 acre area .

Mr . Affolter said Marti nCain's property was crosshatched with green and added that Mr .Cain was one of the primary objectors to the zone chang eproposal .

Mr. Affolter wanted to make it clear that although the zone mapshowed Pacific City Heights as zoned R-2, when in fact it i sactually zoned R-1 .

This zone change became effective last fal lwhen the property owners requested the zone change .


Mr . Affolter referred to another map on display which showed th eCommunity Growth Boundary of Pacific City . He went on to explai nthat the CGB of any community is property that is designated fo rurban density development in that community . Mr. Affolter addedthat it is an area which can be legally sewered .

A third map identified the subject property as well as existingCommunity Growth Boundaries . He explained that CGB's are of th esame concept as Urban Growth Boundaries, except UGB's are relate dto incorporated cities . With the approval of this zone changewould go the automatic incorporation of the subject parcel intothe Pacific City Community Growth Boundary . Mr . Affolter thenidentified the zones surrounding the subject site .

He pointedout that the subject property was surrounded on three sided b yland zoned for development .

Vice Chairperson Dove asked how much property is in the ownershipof Mr . Meyerstein . It was determined that the entire ownershi pconsisted of 200 acres, however, only 54 acres is considered fo rthe zone change and which is approximately one fourth of th eownership .

Mr . Affolter referred to the packet of information and state dthat a soils map, or aerial photo, was attached which showed th etopography of the parcel . It identified the parcel as "fores ttype land" with a 20 to 60 percent slope . He went on to say tha tthe previous owner, Publisher Timber Company, did not feel tha tthe property should be managed as long-term timber productio nproperty, hence the sale to private parties .

It was establishedthat the parcel had been harvested in 1989 .

Referring to the staff report, Mr . Affolter told the Board thatit had been written prior to the first hearing before the Pla n-ning Commission which was on September 13, 1990 . He added thattwo Planning Commission hearings have followed since the Septem -ber hearing . Mr. Affolter stated that there have been addendum sto the staff report, all of which were included in the Board' spackets .

Mr . Affolter went on to highlight portions of his staff repor twhich included the number of residents within one-fourth mile o fthe subject site, breakdown of zones in Pacific City, zone chang -es surrounding the subject site, criteria pertaining to thi sissue, and maps of the area .

Mr . Affolter referred to a letters from Mark Labhart of th eOregon State Department of Forestry and from Tillamook Count ySoil and Water Conservation District which state that thi sproperty is not "valuable resource land" contrary to the opinio nof Mr . Cain's attorney, Scott Elliott . Mr . Affolter readportions of both letters for the benefit of all present . The

MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS' MEETINGWednesday, January 16, 199 1

letters also stated that State Forestry and SWCD felt the bes tuse of the property would be for development rather than resourceland .

Mr . Affolter went on to say that a concern is that there i slimited availability of buildable land with both public water an dsewer service .

He noted several communities in Tillamook Countywhere constraints exist because of the lack of sewer service .

Mr . Affolter stated that the applicant wants to establish amanufactured dwelling subdivision on the property . This would bea conditional use in the proposed R-2 zone and would requir efurther review and approval by the Planning Commission subject t oappeal to the Board . A more detailed discussion of road access ,water availability and other issues would occur at that time .

Mr . Affolter explained that many issues have been brought up b yMr. Elliott probably because, according to law, if the Board' sdecision is appealed to LUBA by the applicant, Mr . Elliott. canbring up only issues that he has brought up at this hearing ..

Regarding the possibility of appeal, Mr . Affolter said he woul dbe more comfortable if there was additional information from th eapplicant on the subject of "need", which is one of the criteri afor a goal exception . Because of this, Mr . Affolter said, staf fwill request a continuance at the end of this hearing in order t ogain additional information and give Mr . Elliot a chance toreview it .

In conclusion, Mr . Affolter suggested a date of March 6, 1991 fo rthe continuance if the Board made such a decision .

Chairperson Burdick asked how much of the entire ownership of 20 0acres was logged . He was told the entire ownership was logged in1989 . He then asked what the applicant planned to do with th eremaining ownership if the conditional use was approved .

He wa stold by Lois Albright, attorney for Mr . Meyerstein, that it wa sthe intent of the applicant to reforest any remaining land .

Jon Oshel, Public Works Director, said one of the main concern sis an alternative for access to the proposed subdivision and h eadded that the developer can expect some requirements of thi skind if the development occurs .

Mr . Oshel referred to the map and told the Board that he hadrecommended the lower portion of Fisher Road and Solita to th ePlanning Commission . He added there would have to be some workon these roads to accommodate expected traffic . If these recom -mendations were adhered to, he said the Public Works Departmen twould have no problem with the approval of the request .


Mr . Oshel said his understanding at this time, is that the devel-oper is looking at a second route which would come off Broote nRoad, but he had not seen such a proposal .

Robert Coats asked if there is a weight limit on Brooten Roa dfrom Hwy . 101 into Pacifric City . Mr . Oshel answered that ther eare no weight constraints except legal load limit, except durin gfreezing weather or where there are bridges that will not take a nextensive load .

Lois Albright, attorney representing Mr . Meyerstein, introducedJim Bennett as Mr . Meyerstein's personal and business representa-tive since Mr . Meyerstein could not attend .

Ms . Albright stated that even though there is a great number o fpieces of material to digest, the main question to consider is t odecide whether the parcel is best suited for development or ,resource use . She went on to explain that the applicant wil lprovide a specific proposal for the development if and when th eapplication for a zone change is approved . Until then it wouldbe too costly for the applicant to try to provide such informa-tion before it is known whether the zone change request is ap-proved .

Ms . Albright then gave a brief history of the subject site sayin gthat Mr. Meyerstein bought 200 acres from Times Mirror in 198 9that was zoned SFW-20 . Publishers Paper owned the property prio rto Times Mirror and had zoned it SFW-20 because it was thought t obe more suited for smaller parcels and development rather tha nresource land .

Ms . Albright referred to the map on display and identified sever-al area landmarks . She said the parcel is surrounded on thre esides by residential or commercial development . She alsoidentified the undeveloped parcels owned by Mr . Cain and Mr .Henderson .

Ms . Albright told the Board that a number of outright uses ar epermitted in the SFW-20 zone which would be less compatible wit hsurrounding uses than the planned development . She gave as anexample roadside stands, solid waste disposal, schools, churches ,and other public service utility facilities . She explained th ereason the applicant is requesting the zoning be changed to R- 2rather than R-l .

Regarding the "need" that Mr . Affolter mentioned earlier in th ehearing, Ms . Albright stated that there are very few areas in theCounty that are large enough for large-scale development . Sheindicated on the map two ownerships which might be large enough,

MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS' MEETIN GWednesday, January 16, 199 1Page 1 0

Ms . Albright then discussed the water and sewer availability fo rthe proposed development and said the Pacific City Sanitar yAuthority has room for 3,000 residences and are below thei rcapacity at this time .

She added that sewer and water avail-ability would be addressed in the next step of the development i fthe request is approved .

Ms . Albright then discussed the access and said the applicant di dnot want to use Fisher Road as access to the site, and would b elooking into the possibility of alternate accesses .

In conclusion, Ms . Albright stated that she did not object to acontinuance of the hearing to another date if the Board did no tmake a decision at this hearing .

Jim Bennett, representing Mr . Meyerstein, told the Board that thesubject site would be a desirable location for development fo rretired people .

He added that manufacturedhomes are affordabl efor retired people who do not have to work . Mr . Bennett went onto say that a great deal of the county's population growth i sretired people moving in from other states or counties .

Mr . Bennett described other developments in which he was involvedin other areas of Oregon and which were very successful . He thendescribed the different styles of manufactured homes and submit -ted a brochure for the Board's review .

Mr . Bennett said any development including manufactured homes ,built or placed on the property will either meet or exceed bot hthe quality and physical requirements of the Uniform Buildin gCode as it applies to single family residential homes . He addedthat these restriction will be recorded if necessary and a cop yof the document was in the packet given to the Board . Thi sdocument titled "Declaration of Conditions and Restriction sAffecting Land" was made a part of the record .

Mr . Bennett then showed a proposed plat map to the Board and tol dthem it is not required at this time, but they applicant wishe dto have it prepared since there is no development like this inthe county .

Mr . Bennett further discussed the access, water and sewer avail -ability, need, public facilities, and other things that must b etaken into consideration if the request is approved .

In conclusion, Mr . Bennett referred to a meeting in Pacific Citywith residents, and said not one person voiced disapproval of th eproposed development .

Scott Elliott asked if the land was harvested before Mr .Meyerstein bought the property . Mr. Bennett answered that he did


not know when it was harvested and he gave figures for the cos tof replanting the 200 acres .

Mr . Elliott, representing Mr . Cain, adjacent property owner, gavea copy of corrections to his Statement of Opposition to the Zon eChange Request to the Board members for their review . Mr .Elliott highlighted the small changes in his written statement .

Mr . Elliott referred to "valuable resource land" as being used t odescribe this parcel and he said it is indeed valuable resourc eland because it has value even though it has been logged . Heargued that there is acreage available for development that i salready zoned for development .

Mr . Elliott also discussed water availability, or the possibl elack of it for the proposed development and the sewer situation .

Referring to his written statement, Mr . Elliott told the Boardthat he felt everything he had written was appropriate and accu -rate and he added that he felt the law was clearly on the side o fthe opposition to this zone change request . He added that thelaw clearly states that this parcel is resource land and shoul dstay so .

Mr . Elliott then said he did not feel the applicant had give nenough developmental information and added that the Board shoul dalso think about the "need" which has been mentioned earlier i nthe hearing . He gave several examples of parcels available fordevelopment . Mr. Elliott went on to say that there is no evi -dence for Goal 14 or the Tillamook Ordinance factors to be con -sidered .

Mr . Elliott stated that there is no evidence of how the propose ddevelopment will affect the services, facilities, community ,resource land, or the environment and the Board must conside rthese factors .

In conclusion, Mr . Elliott said there is no evidence theMeyerstein property can be developed as proposed and asked th eBoard to deny the Zone Change Request on behalf of Martin Cain .

Robert Coats, Pacific City resident, told the Board he felt th edevelopment would have an impact on a lot of people in the Paci f -ic City area . He asked the Board to seek out the facts in thi srequest before making a decision .

Mr . Coats discussed planned growth in the area, need for such adevelopment, cost of affordable housing, water and sewer avail -ability, reforestation, and the job market .


Mr . Coats then read aloud from an article in the News Guarddealing with economic changes in Oregon . He offered to give acopy of the article to the Board .

In conclusion, Mr . Coats reminded the Board that the importan tthing to consider is the inclusion of this site into the Pacifi cCity Community Boundary .

Jane Watkins, Pacific City resident, told the Board that she wa snot against growth, but she is looking into the future as far a spossible regarding the Pacific City and Tillamook County areas .She then gave a history of her involvement in the Pacific Cit ycommunity .

Mrs . Watkins also discussed the water and sewer question, wantin gto keep the community small, the fact she had asked the Board t ovisit the site, and available property for sale .

Pastor Arnold Scherencel, Pacific City resident on Solita Blvd ,told the Board that he is familiar with the site at Central Poin tin which Bennett is involved . He went on to say that he fel tthere is a great deal of R-1 zoned land which would be availabl efor development .

Mr . Scherencel voiced concern regarding how manufactured home swould be delivered to the site . He described the road leading t othe site and said he felt it would be almost impossible to brin gmanufactured homes to that area . He identified his property onthe map .

Mr . Scherencel also discussed the water situation, road condi -tions, and said he was not opposed to growth .

At this time Chairperson Burdick announced that he had jus treceived a note from his secretary stating that war with Iraq ha dbeen declared .

Harry Garman, Pacific City Heights resident, said he believe sthat if the zone was changed to R-2 it would reflect on hi sproperty since he is so close and it would devaluate his propert yby a great deal .

Mr . Garman then discussed the access to the parcel, water andsewer, and Measure 5 . He did not believe Mr . Labhart's positionwith the State Forestry Department would qualify him as an exper tas Mr . Affolter suggested earlier in the hearing .

Mr . Garman said he felt the decision of the Board should bedelayed until more information was received .


Vic told the Board that the Planning Commission vote was 5-1 fo rrecommendation of approval to the Board and that all three of th eSouth County members voted with the majority .

Ms . Albright wanted to make it clear that most of the logge dtimber on the subject site was alder and not a commercial typ etimber . She added that her services as an attorney began at th esecond hearing with the Planning Commission and since then it ha sbeen consistent that there will be no mobile home park . The lot swill be individually sold and the owners can either build a stic kbuilt house, or apply for a conditional use for a manufacture dhome .

There was some discussion regarding the size of the parcels an dthe number of people allowed per acre, the possible sale of Mr .Cain's property, and the fact many Pacific City residents were i nfavor of the development .

Mr . Bennett again said the most affordable housing was manufac -tured housing and he gave some statistics . He also said that atthe time of the conceptual plan, it was thought the access roa dcould be Fisher Drive and that is why it has been mentioned s omuch as an access .

Mr . Alvin Payne, an adjoining property owner, said he is con -cerned that if the subject parcel is zoned R-2, the applican tcould sell the property and all the "promises" would be gone .

Mr . Affolter asked the Board to continue this hearing untilMarch .

It was determined that this hearing will be continued until Marc h6, 1991 at 1 :30 p .m . The location was not decided at this time .

The hearing was adjourned at 4 :43 p .m .

This portion of the minutes Respectfully submitted this 47 day of February ,199,1 .

. . .

/t..

APPROVED BY,:

KENNETH M . BURDICK

JERRY A . DOVE

IDA A . LANE

LAW OFFICESOF

GREEN ELiIOTT & EHRLICH,

Brian D. Green(503) 994-2744

2137 N.W. Highway 101, Suite C

Scott ElliottJames B. F.hrlich

January 16, 199 1

Tillamook County Commissioner s201 Laurel AvenueTillamook, OR 9714 1

Corrections and Additions toWritten Statement in Opposition t o

Tillamook Zone Change Request ZC-90-07

The following corrections should be made to the writte nstatement filed on behalf of Martin Caine by Scott Elliott :

1. At page 5, footnote 3, the first sentence shouldread : "reasons exception" and not "needed exception" .

2. At page 8, the last sentence in the first paragrap h(continued from page 7), should have a citation to Exhibit 10 9(Exhibits G-M to Elliott Second Addendum), not to "Exhibit105" .

3. At page 15, the citation to the second sentence i nthe last paragraph should be Exhibit 104, not 103 .

4. Objection No . 2, on page 19, should read, "ThePlanning Commission recommended approval of a zone ma pamendment without the criteria in Tillamook Planning Ordinanc e9 .020(3)(a), (b), (c) or (d) having been met . "

5. The exhibit (conceptual plan) to the second addendu mshould look like Exhibit 112 attached to this Correction .

6.

Exhibit 107 was not filed with the origina lstatement, but is attached to this correction sheet .

FAX (503) 994-2377

Lincoln City, Oregon 97367

Tillamook County Commissioner sJanuary 16, 1991Page 2

7 .

Attached to this correction sheet as Exhibits 11 3and 114 is evidence in support of objection No .of the written statement .

8 on page 20

8 . The following should be added to objection No . 7 onpage 20 : OAR 660-18-020 . The applicable regulation alsorequires the notice to L .C .D .C . to include "the propose dlanguage" of proposed goal exceptions . This does not appearto have been done .

Yours truly,

GREEN, ELLIOTT & EHRLICH

Enclosure s

SE :r1l/C :\JAN\EL63 1

Jane WatkinsWritten Statement in Support

ofMartin Caine's opposition

toMeyerstein Zone Change Request ZC-90-07

I, Jane Watkins, hereby state the following testimony in opposition to Mr.

Meyerstein's Zone Change Request . ZC-90-07.

I have attended each of the three public Planning Commission hearing s

pertaining to the Meyerstein Zone Change Request .

During these hearings a Mr. Paul Benson testified on behalf of Mr. Meyerstein

that the planned development would consist of lots leased to owners of manufacture d

homes.

During these hearings Mr . Jim Bennett testified on behalf of Mr . Meyerstein

that the Meyerstein lot might not be able to meet the needs at issue in this Zon e

Change Request . Mr. Bennett also testified Mr. Meyerstein might sell his property

prior to developing it.

During these hearings, Mr . Hal McCarthy testified that he had made a stud y

of the Pacific City area and had determined there were over 500 residential buildabl e

lots within the Pacific City urban growth boundary that have yet to be developed.

Jane Watkins

SE :rJWJAN/SC19

EXE-IIRIT 1 n*-

G s.

C, 0V LC E N-T


AFFIDAVI T

I, SCOTT ELLIOTT, do hereby depose and say :

1 .

I am the attorney for Mr . Martin Caine in regard t o

Tillamook County Zone Change Request No . ZC-90-07 .

2 .

On December 27, 1990, I received a notice from th e

Tillamook County Department of Community Development for a

hearing before the Board of Commissioners for Wednesday ,

January 16, 1991 . This notice specifically states that " a

copy of the staff report will be available for inspection at

no cost at least seven days prior to the hearing . . . "

3 .

On or about January 10, 1991, I called the Tillamoo k

County Department of Community Development to ascertai n

whether or not a staff report and any additional evidence wa s

available . I was advised by a person named Judy that she wa s

unaware of any staff report having been written or any other

additional evidence being put in the record, but that sh e

would check with Vic Affolter and get back to me .

4 .

On or about January 11, 1991, my legal secretary, Penn y

Ellis, took a message for me from Judy of the Tillamook County

Planning Department . That message was, "There is no new

material for the next hearing .

You have it all ."

See

EXHIBIT H3

Affidavit of Penny Ellis .

5 .

On January 14, 1991, I received a copy of Mr . Affolter' s

staff report dated January 9, 1991 .

6 .

Our office has been advised previously that the Plannin g

Department is not open on Saturdays and Sundays .

STATE OF OREGON

County of Lincoln

SIGNED AND SWORN to before me on inuary 16, 1991 by SCOTTELLIOTT .

NOTAR 'UBLIC FOR OREGON

My Commission Expires : f*(/9?SE :r11/JAN/EP 3 4 1


AFFIDAVIT OF DIANE D . ELLI S

I, DIANE D . ELLIS, do hereby depose and say :

1 .

I am a legal secretary employed at the Lincoln City law

firm of Green, Elliott & Ehrlich, the attorneys for Mr . Martin

Caine in regard to Tillamook County Zone Change Reques t

No . ZC-90-07 .

2 .

On January 11, 1991, I received a telephone call from

Judy with the Tillamook County Planning Department . She asked

that I give the following message to Scott Elliott : "Regard-

ing Meyerstein, there is no new material for the next hearing .

You have it all ."

3 .

I gave this message from Judy to Mr . Elliott on

January 11, 1991 .

DIANE D . ELLI S

STATE OF OREGON

County of Lincoln )

SIGNED AND SWORN to before me on January 16, 1991 by DIANE D .ELLIS .

Vl

SE :rll/JAN/EP34 2

EXHIBIT ti4

AWAVII

NOTARY ' :L C FOR OREGONMy Comm ssion Expires : . ?/41/93

Tillamook County Board of CommissionersPublic Hearing Testimony

Date : /–/9/

NAME (Please Print)

ADDRES S

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TILLAMOOK COUNTY BOARD OF COMMISSIONERS

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DATE : Zlb/ -

NAME

ITEM OF INTERES T

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BOARD OF COMMISSIONERSTillamook County Courthous e

201 Laurel Avenue, Tillamook, Oregon 9714 1

a/./.%*,DATE : /v - i SUBJECT :

If you wish to speak at this Public Hearing, please sign u pbelow :

NAME

PRO

CON TIME RE ' D

COMMISSIONERSK .M . BurdickJ .A . DoveI .A . Lane

(503)842 – 340 3

Tillamook County

FAX 842 – 272 1Land of Cheese, Trees and Ocean Breez e

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AN EQUAL OPPORTUNITY EMPLOYER

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