Illinois Valley News

An overview of Oregon“s land-use system and its effect on Josephine County, plus plans to address the public on the rules, were part of a meeting of the county“s Land Development Advisory Committee.

The overview was provided by Josephine County Planning Director Michael Snider during the committee“s Monday, April 5 meeting at Anne G. Basker Auditorium in Grants Pass.

The committee was formed by the county board of commissioners under authority granted by House Bill 2229, passed by the Legislature last year. The bill enables counties to review their land-use policies and potentially rezone parcels that may have been misclassified.

Statewide planning goals were adopted in 1978 by the Land Conservation & Development Commission (LCDC), Snider said, and state statutes allow the agency to adopt administrative rules to accomplish those goals.

There are 19 goals, but only 14 apply to Josephine County, Snider said. They include aspects such as open spaces, carrying capacity, transportation and urbanization, he said, and counties are required to adopt “mini“ versions of those goals.

Snider said that the county“s comprehensive plan contains an inventory of soil, wetland, riparian, mineral, aggregate and other resources.

“It“s been a long, torturous history“ of court rulings and administrative rules, Snider said.

He added that the rural land development code implements the comprehensive plan and is used at the planning department“s front count to serve the public and guide the permitting process. He described the code as a “complex document“ that has become more complicated throughout time.

Between 1973 and 1985, Snider said, the county went through the process of achieving compliance and having its plan “acknowledged“ by the state.

“It can be frustrating sometimes,“ he said, noting that there is a “tension“ between state and local jurisdictions.

LCDC gradually has obtained stronger enforcement authority than it was originally granted, Snider said. Approximately 45 divisions of rules have been adopted by the state government.

Snider said that Josephine County went through a period review of its land-use policies from 1995 to 2006.

“It was 10 painful years,“ he said. “There was a lot of money spent.“

Public Works Director Rob Brandes provided an overview of his department“s role in the planning process.

Brandes said that public works accepts roads that have been built to county standards and assumes maintenance duties for them. There still are rural roads close to the center of Grants Pass, he said, adding that portions of “A“ Street were considered county roads until 2007.

Public works tries to bring such roads to city standards so the city can take them over, Brandes said.

Committee member Gordon Longhurst, a homebuilder, said that he spent $110,000 to pave a road for two 5-acre parcels. Issues surrounding road codes should be the topic of an entire committee meeting, Longhurst said, as it“s a “major part“ of what the group should be examining.

Brandes said it is possible to make some roads private, but that the owners of properties around those roads would have to approve. He added that once a road becomes private, public works no longer will service it.

Specific planning issues were brought up by committee members. Longhurst said that he wants the committee to examine policies regarding second dwellings on properties and the overall appeals process for land-use decisions, and the ability of residents to obtain standing in such matters.

Jack Swift, another committee member, asked Snider how much land-use appeals cost the county. Snider responded that the planning department has to provide staff members for the hearings. In one particular case, Snider said, staff had to sort through approximately 45 assignments of error.

The appeals process is controlled by the state, Snider said, so there are “some limitations on that.“ He added that the county has to justify its appeals fees to the state Land Use Board of Appeals (LUBA), and they must be “reasonably“ related to the cost incurred and the services provided.

Aside from planning staff, the county legal counsel, public works department and board of commissioners are involved in that process, Snider said.

In 2008, Snider said the planning department determined that each appeal cost around $3,400. The county was only charging a $2,000 appeal fee, he said.

He stated that with his level of staffing, there is “no possible way“ to keep up with the “treadmill“ of administrative rules.

Other issues brought up by committee members include the need to clarify definitions for terms such as “carrying capacity,“ the various farm and forest regulations, increased light pollution in rural parts of the county and the quality and quantity of water wells.

Committee member Robin Eliot decried the “short-sighted vision“ for developing the county, and said she would like to see the plans be more “generational.“

Longhurst insisted that the committee begin planning public meetings throughout the county as quickly as possible, before moving too far along in the process, Swift agreed.

“If anything, we want to hear from the public first,“ Swift said.

Chairman Harold Haugen, a longtime former county commissioner, said that he wants the committee to hold at least two meetings in the county before the beginning of summer.

Additional issues were brought up by Michael Smith from Southern Oregon Regional Economic Development Inc. Smith said that he is conducting an industrial lands survey for the county, and that there are only 7.5 square miles currently available for such development.

That limitation complicates efforts to attract businesses to the county and keeps existing businesses from expanding, Smith said.

Haugen said that state law makes it difficult to add industrial zoning to rural areas. He recalled that the county had a hard time establishing the North Valley Industrial Park in Merlin.

A subcommittee was formed to formulate a schedule for the public meetings in different parts of the county.

The committee“s next meeting is set for May 10 at 6 p.m. at the public works building in Grants Pass. Agenda items will include discussions regarding the land-use appeals process, road issues and the formation of subcommittees to examine specific issues.

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