Tillamook County Staff Report on Zone Change
Transcription
Tillamook County Staff Report on Zone Change
Tillamook County DEPARTMENT OF COMMUNITY DEVELOPMENT BUILDING, PLANNING & ON-SITE SANITATION SECTIONS 201 Laurel Avenue Tillamook, Oregon www.tillamook.or.us Building (503) 842-3407 Planning (503) 842-3408 On-Site Sanitation (503) 842-3409 FAX (503) 842-1819 Toll Free 1 (800) 488-8280 ____________________________________________________________________________________________________________ Land of Cheese, Trees and Ocean Breeze MAP AMENDMENT ZONE CHANGE REQUEST ZC-09-01 Date of Staff Report: April 22, 2010 Date of Planning Commission Hearing: April 29, 2010 Date of Board of Commissioner’s Hearing: to Be Determined Staff Recommendation: Staff Report Prepared by: DENIAL Bradford Sheets, Associate Planner I. GENERAL INFORMATION: Applicant: Tillamook Shooters Association, c/o C. Wayne Cook, 3180 Aldercrest Road, Tillamook, Oregon 97141 Property Owners: Estate of Raymond Wyss, c/o Janet C. Walker (Conservator), 10005 Hughey Lane, Tillamook, Oregon 97141 Land Use Review: A request to re-zone 25.38-acres of Farm (F1) land, out of an 84.78-acre tract, to Forest (F) zoned land (Exhibit 2). Location: Located +/- 1.25-miles south, southwest of the southeastern portion of the Urban Growth Boundary for the City of Tillamook. The subject tract is located south of the Tillamook River and Burton Frazer Road (Exhibits 1 & 2). Legal Description: Tax Lots 201 & 300 in Section 2A, Township 2 South, Range 10 West and Tax Lots 1100, 1200 Zone Change, ZC-09-01 1 & 1300 in Section 1, Township 2 South, Range 10 West of the Willamette Meridian, Tillamook County, Oregon (Exhibits 1, 2 & 3). Current Zone: Farm (F-1) Zone (Exhibit 1). Description of Request: The Tillamook Shooters Association is requesting a Zone Change, ZC-09-01, of 25.38-acres of Farm (F-1) land, out of an 84.78-acre tract, to Forest (F) zoned land (Exhibit 2). This Zone Change request is separate but related to Ordinance Amendment, OA09-04, and Conditional Use, CU-09-11. Description of Site and Vicinity: The subject tract of land is roughly 1.25-miles, south/southwest of the Urban Growth Boundary of the City of Tillamook (Exhibit 1). Located between Netarts Highway 131 and Tillamook River Road, the subject property is located south of the Tillamook River and south of Burton Frazer Road (Exhibit 1). The subject property is accessed off of Old Fraser Road and is gated (Exhibits 1, 2, 19 & 22). From the gate eastward to the developed area of the property is a road/dike that generally bisects the tract of land (Exhibits 1, 2 & 19). A zoning map of the area and a Tax Assessor's parcelization map are included as “Exhibit 1”. The developed area of the subject property, dwelling, pole buildings and barns are in poor shape (Exhibit 19). Low-lying wetland areas are the predominant feature on this tract of land with elevated areas at the developed portion of the property leading into the surrounding hills (Exhibit 19). According to the Oregon Department of Geology and Mineral Industries (DOGAMI) bulletins the sloped areas in this region, including the subject property, are located in an area of Landslide Topography (Exhibit 18). FEMA Federal Insurance Rate Map (FIRM) panel #410196 0170C, dated August 20, 2002, depicts ‘Zone AE’ flood zoning on a majority of the northern and western portion of the subject property (Exhibit 17). ‘Zone AE’ flood zoning is identified as, “Special Flood Hazard Areas Inundated by 100-year Flood,” including “Base Flood Elevation Determined.” The elevated areas of the subject property, to the south and east are in the unshaded ‘Zone X’ flood zones which are, “Areas determined to be outside 500-year floodplain,” (Exhibit 17). Zoning History: Prior to December 30, 1981 the northwestern portion of the subject tract was zoned R-A (Rural Residential) and the remainder of the property was zoned A-1 (Low Density Residential, Agricultural, Forestry and Recreation Zone. After December 30, 1981, the subject tract of land has been completely zoned Farm (F-1). Zone Change, ZC-09-01 2 Existing Services: The subject tract of land is located in the service area of School District #9, the Tillamook Fire District, Tillamook People’s Utility District and the Tillamook County Sheriff’s Office. Access to the subject property is off of Old Fraser Road, which is under the jurisdiction of the Tillamook County Public Works Department. II. APPLICABLE ORDINANCE, COMPREHENSIVE PLAN PROVISIONS AND STATE LAW: 1. TCLUO Article IX: AMENDMENT III. ANALYSIS The analysis below contains review of the approval criteria against the information submitted by the applicant and commentary submitted by organizations and citizens. The applicant's response to these criteria is contained within Exhibit 2 of this report. TCLUO Section 9.020: Map Amendment Procedure and Criteria: (1) Notice of a proposed AMENDMENT shall be distributed according to the provisions of Section 10.060 of this Ordinance. Findings: Notice was mailed to property owners within 750-feet of the resource zoned property. A total of 45 property owners and agencies were noticed on March 2, 2010 and was re-noticed on April 7, 2010. The Tillamook Headlight Herald was also notified and a notice ran on March 3, 2010 and re-noticed on April 7, 2010. Staff finds these notices meet the 10-day requirement of TCLUO Section 10.060 for notice. Conclusion: Staff concludes the requirements for the notice of the proposed amendment are met. (2) The Department shall prepare an analysis of the site and the surrounding area in the form of a map and report, considering the following factors: (a) Size, shape and orientation of the subject parcel. Findings: The applicant indicates, “The subject parcel contains 84.78 acres in the shape of an irregular ‘T’ whose top boarders Burton Fraser Road and the Tillamook River on its north side. The 25.39-acre portion that is proposed for a zone change from Farm (F-1) to Forest (F) borders corporate forestland to the south (bottom of the ‘T’) and southeast. It borders Farm-zoned land on the other sides. See attached exhibits: • Zone Change, ZC-09-01 Exhibit A: An 11” x 17” aerial map showing the parent ownership and surrounding properties, the area proposed for the zone change, and the preliminary site plan for the firearms training facility. 3 • • Exhibit B: A composite of Tillamook County Assessor’s Maps showing tax lot parcels and their ownership in the area. Exhibit C: Tillamook County Zoning Map of the area,” (Exhibit 2). Staff concurs with the size, shape and orientation presented to the Department by the Applicant (Exhibits 1 & 2). (b) Surrounding parcel sizes. Findings: According to the applicant, “The Tillamook County Assessor’s maps [Exhibit B] identify 10 parcels, with the following sizes, orientations and ownership that surround the subject property: • • • • North: 229 acres [Snell] and 163 acres [Rocha] East: 7 acres [Whyte] South: 184.76, 61.94 and 160 acres [all Stimson Lumber Co.] West: 74 acres [Boettcher], 65 acres [Bennett], 45.3 acres [Jenkins] and 4.35 acres [Toth],” (Exhibit 2). Staff concurs with the parcels (Exhibits 1 & 2). (c) applicant’s Topography, drainage, characteristics. hazards, assessment and of other the surrounding physical site Findings: According to the applicant the Natural Resources Conservation Service’s (NRCS) Web Soil Survey [1/26/2009], the subject parcel is made of three soil mapping units [see Exhibit D]: • • Zone Change, ZC-09-01 Coquille silt loam, 0 to 1 percent slope, comprising 74.4 acres [89.2 %] of the subject ownership. This soil is described by the NRCS as a dikes hydric soil that is located on tidal marsh lowlands, with the parent material consisting of estuarine deposits. The natural drainage class is very poorly drained. The soils is frequently flooded and ponded. The land capability classification for agriculture is 4w. The NRCS describes Class 4 soils as having ‘very severe limitations that reduce the choice of plants or that require very careful management, or both.’ The NRCS does not have forest productivity information for the Coquille soil. Templeton medial silt loam, 5 to 30 percent slopes, comprising 6.8 acres [8.1 %] of the subject ownership. This soil is described by the NRCS as being located on mountains, mountain slopes and hill slopes. The natural drainage class is well drained. The soil is not flooded or ponded. The land capability classification for agriculture is 6e. The NRCS 4 • • describes Class 6 soils as having ‘severe limitations and make the soil generally unsuitable for cultivation and that restrict their use mainly to pasture, rangeland, forestland or wildlife habitat.’ The NRCS Web Soil Survey rates the Templeton’s forest productivity as medium to high for Douglas Fir, Sitka Spruce and western hemlock. Templeton-Ecola medial silt loams, 30 to 60 percent slopes, comprise 2.1 acres [2.5 %] of the subject ownership. This soil is described by the NRCS as being located on mountains, mountain slopes and hill slopes. The natural drainage class is well drained. The soil is not flooded or ponded. The land capability classification for agriculture is 6e, with the limitations and uses that are described above for the forest productivity as medium to high for Douglas-fir, Sitka spruce and western hemlock. Note the NRCS evaluation indentifies the remaining 0.2 acres [0.2 %] as open water,” (Exhibit 2). “The National Wetlands Inventory identifies virtually all of the Coquille soil on the subject property as Freshwater Emergent Wetland [Exhibit E]. The property is also within a flood zone. The predominant Coquille soil on the property was originally part of the Tillamook Bay Estuary. It was separated from the Tillamook River and Bay by the dike built to enable the construction of the Burton Fraser County Road. The property was subsequently converted to pasture by additional dikes, ditches and tide gates. This permitted the property to be managed as a dairy farm by Marion Blaser until 1991,” (Exhibit 2). “The 25.38-acre portion proposed for the zone change to Forest (F) contains all of the Templeton soil [6.8 acres] and 1 acre of the Templeton-Ecola soil. The remaining 17.58 acres are Coquille soil. This latter soil mapping unit is flat, while the 7.8 acres of Templeton and Templeton-Ecola soils slope westerly and northerly, and are covered with brush and young growth timber,” (Exhibit 2). “The County’s Goal 7 Hazard Maps do not appear to identify any hazards on the subject property. A physical site visit shows that the slopes of the Templeton and Templeton-Ecola soils are in the lower range of the steepness characteristic of their mapping units, indicating that they are not landslide topography. The steepest of those slopes adjacent to the corporate forestland to the east may be subject to erosion if not sufficiently vegetated,” (Exhibit 2). “The merchantable timber on the property was harvested in 1996 or 1997. Structures on the property [all within the area of the proposed zone change] include the remnants of a farmhouse, barn and several out buildings, located on a graveled cut and fill pad of approximately two acres. All structures have deteriorated to an extent that they have very little value. An ‘animal rescue’ group, headed by Eddie White, Zone Change, ZC-09-01 5 occupied the area proposed for the zone change from about 1996 until 2001. During this period authorities, including the Tillamook County District Attorney’s Office, became aware of health, safety, environmental impact and animal abuse violations. The outcome was condemnation of the dwellings and eviction of the group from the property. There has been no subsequent human habitation, with intermittent summer harvest of grass hay from lower portions that are not subject to the zone change request,” (Exhibit 2). “The approximately two-acre cut and fill pad was cleared and leveled for the house, barn and other outbuildings required for the dairy farm operated by the Blaser family until 1991. This is within the area proposed for the Forest zone,” (Exhibit 2). Staff concurs with the soils identified by the applicant on the subject property. The Productivity Classifications on Forest Land, determined by the Oregon Department of Revenue, indicates that a majority of the subject property is in revenue designation ‘FA’ which is a cubic foot site class #2 and is on the highest end of the spectrum for the potential yield of Douglas fir (Exhibit 10). The Natural Resources Conservation Service (NRCS) Web Soil Survey, indicates that the Templeton medial silt loam #30D and Templeton-Ecola medial silt loams #30E on the subject property are capable of producing 184.00 cubic feet per acre per year (Exhibit 11). Coquille soil is not identified for its timber production in the NRCS data (Exhibit 11). Based upon this information, the Templeton and Templeton-Ecola soils are some of the most productive soils for Forest use. The applicant has incorporated these highly productive soils into their zone change request application. The Coquille soil is not valuable as Forest Land. Given the applicant’s calculations, Staff finds 17.58 acres of the subject property proposed in this Zone Change request are Coquille soil with the remaining 7.8 acres of Templeton and Templeton-Ecola soils (Exhibit 2). A letter from the Oregon Department of Fish & Wildlife, dated April 16, 2009, recommends “that the project be designed to avoid entering County-designated riparian setbacks. Any stream-road crossings (temporary or permanent) are to comply with fish passage requirements and ODFW shall approve in advance any stream crossing including utilities. Any development within or near wetlands should be avoided or minimized and identification of these areas should be done prior to project design. No sensitive fish and wildlife resource sites requiring restrictions such as timing and proximity of project activities are known to exist within the subject property,” (Exhibit 2). A letter from the Oregon Department of Forestry, dated October 2, 2009, supports the zone change request as it pertains to a related request for a “Firearms Training Facility,” (Exhibit 2). Zone Change, ZC-09-01 6 The southern portion of the subject property, the area where most of the Zone Change is proposed, is located at the narrow end of a valley (Exhibits 2 and 19). According to the Oregon Department of Geology and Mineral Industries (DOGAMI) bulletin, the sloped areas in this region, including the subject property, are located in an area of Landslide Topography (Exhibit 18). Staff finds a majority of the subject property is designated as a Fresh Water Emergent Wetland, based upon the U.S. Fish & Wildlife’s National Wetlands Inventory (Exhibit 14). A large portion of the subject property is also designated as ‘Zone AE’ flood plain (Exhibit 17). A site visit by Staff on March 30, 2010 found water accumulating/pooling on the low-lying areas. The elevated areas of the subject property, to the south and east are in the unshaded ‘Zone X’ flood zone (Exhibit 17). These elevated portions of the subject property are heavily vegetated, with the exception of the area where the old dwelling and barns remains (Exhibit 19). A site visit by Staff found that there is a series of drainage ditches connected across the property; however, most seemed to be submerged under pooling water. Staff found what seemed to be a weak spot in the elevated access between the gate and the developed area of the property. This weak spot looked like a culvert possibly failed. There appeared to be water flow between the northern and southern portion of the subject tract (Exhibit 19). Commentary by surrounding property owners and citizens communicates concerns about flooding in the area if the tide gate is removed as proposed for the potential restoration of the remaining Farm land, associated with this Zone Change request, of the wetlands by the Tillamook Estuary Partnership (TEP) and the Oregon Department of Fish & Wildlife (ODFW) (Exhibit 24). Citizen commentary also raised concerns regarding the capture of lead from the intended end use as a Firearms Training Facility. Staff finds that the necessary Federal and State (Department of Environmental Quality) developments standards for such a use would need to be employed to address this type of use as a majority of the subject property is wetlands containing a sizeable amount of water depending on the time of year and the subject properties proximity to the Tillamook River. (d) Parcel ownership and current use. Findings: The applicant indicates, “The subject property is owned by the Raymond Wyss Estate and has not been in use since the eviction of the animal rescue group in 2001, except for some limited harvesting of grass hay and possible grazing of some dry stock by neighboring Zone Change, ZC-09-01 7 farmers. The ownership history includes Marion Blaser from 1969 until 1991, the Wismers for several years, and then Raymond Wyss who did not manage the property as a dairy [Marion and Linda Blaser have submitted a letter in support of the applications contained in Exhibit J],” (Exhibit 2). Staff located an “Estoppel Deed – Real Estate Contract” in the Tillamook County Clerk’s Office for the subject tract of land (Exhibit 16). Janet Walker is recognized as the Conservator for Raymond Wyss, deceased, in this deed (Exhibits 2 & 16). A site visit by Staff on March 30, 2010 found the developed area of the subject property in disrepair (Exhibit 19). The elevated access leading from the gate to the dwelling, barns, etc., has a section, possibly an old culvert, which appeared unstable/compromised. A Notice and Order of Abatement was issued on September 10, 2002 for a Dangerous Building at 315 Old Fraser Road (Exhibit 15). There are remnants of abandoned farm equipment and practices scattered across the property (Exhibit 19). It did not appear that the subject property was being actively farmed or used for forest practices. Staff finds the subject property has been abandoned and is in disrepair (Exhibit 19). (e) Economic and population data for the affected area that may be contained in the Comprehensive Plan. Findings: The applicant states, “The Comprehensive Plan contains no economic or population data specific to this area. The proposed zone change is in a sparsely settled rural area, with the nearest residence 1750 feet away and the nearest residential zoning, containing a cluster of eight residences, 2,250 or more feet away,” (Exhibit 2). “The firearms training facility will have a number of positive economic impacts including: • • • Providing a convenient local facility for federal, state, county and city law enforcement to meet regular firearms training, qualification, and certification requirements. This saves time, resources and money by not having to travel to ranges outside of Tillamook County. Financial benefits for local merchants that carry firearms, archery equipment, reloading equipment and supplies, shooting supplies and ammunition. Expenditures (food, lodging, etc.) by visitors from outside the county who use the facility for training practice, qualifying and competitions,” (Exhibit 2). Staff found countywide economic and population data in Goal 9 of the Tillamook County Comprehensive Plan; however, it did not find any specific information on the subject property, nor did it find anything Zone Change, ZC-09-01 8 that referenced Burton Frazer Road or Old Fraser Road. According to the Comprehensive Plan, Timber (Forest Land) “clearly remains the largest single income generator for the county,” (Exhibit 9). “Farming produces almost 20 percent of the county’s income on only five percent (approximately 35,000 acres) of its land,” (Exhibit 8). Based upon Goal 9 of the Tillamook County Comprehensive Plan, commercial Forestry and Agriculture are the predominant economic factors for Tillamook County. Section 4.8 Findings in Goal 3 of the Comprehensive Plan states, “Whether resource land is placed in a farm or forest zone has no significant effect on its tax status,” (Exhibit 8). Staff is not qualified to analyze the tourism impacts of which comments have been submitted both supporting and in opposition of the proposed request and the potential of a Firearms Training Facility. (f) Traffic circulation. Findings: The applicant indicates, “The property currently is accessed from the end of Old Fraser Road that serves five ownerships, including two residences. Old Frazer Road connects to Burton Frazer Road, a paved secondary road that connects Tillamook River Road with the Netarts-Oceanside Highway along the south side of the Tillamook River. Burton Frazer Road serves local residential, farm and fisherman traffic. Access from the south is from the Tillamook River Road. Access from the north and west is from the Netarts-Oceanside Highway. Access from the City of Tillamook and other points east can be by either route. Wayne Cook’s attached traffic assessment [Exhibit H] describes vehicle access and impact in more detail,” (Exhibit 2). In Table 4-1 of the Tillamook County Transportation System Plan the intersection of Netarts Highway 131 and Fraser Road is ranked the 11th key intersection within the plan; however, it also notes that this intersection has a, “Low ADT (average daily traffic), seasonal turn movements not captured during Spring Break counts,” (Exhibit 12). Staff found the general area around the subject property is sparsely developed and primarily in agricultural and forestry use with the remainder in a natural setting. The applicant conducted a Traffic Analysis of the subject property, including a proposed “Firearms Training Facility,” in which they worked with the Oregon Department of Transportation and the Tillamook County Public Works Department to develop this analysis. The conclusion of the analysis stated, “The increase of average vehicle trips per day, from +/- 2 current to 100 anticipated, is 98. This anticipated increase is well below the threshold of 300, which is considered insignificant impact to the state highway system,” (Exhibit 2). A letter from the Tillamook County Public Works Department was submitted on April 14, 2009 in relation to ZC-09-01 (Exhibit 22). This letter makes observations about the existing access and approach. Zone Change, ZC-09-01 9 Public Works is requesting a Road Approach application and fees addressing its concerns as part of the Conditions of Approval of ZC-0901. Staff finds that the Planning Commission can include this request in its consideration of ZC-09-01. Another appropriate time would be during a Conditional Use application in relation to a possible Building Permit application. Staff finds that the letter by the Public Works Department could also be addressed in the potential development process (Exhibit 22). Oregon Department of Transportation (ODOT) does not have any comments for this application (Exhibit 24). (g) Zoning history of the subject parcel. Findings: According to the applicant, “The ownership was initially zoned A-1 and R-A in 1969 – zones that were no longer in use after 1982. Both zones permitted a wide range of rural uses, including the creation of parcels as small 20,000 square feet. The ownership was rezoned Farm (F-1) on June 17, 1982 as part of the countywide rezoning to achieve compliance with Oregon Senate Bill 100. The inclination at that time was to place rural resource properties into the farm or forest zone that reflected the dominant use. The property was placed in the Farm Zone in 1982 because Marion Blaser farmed the majority of it at that time,” (Exhibit 2). According to the maps in the Department of Community Development, prior to December 30, 1981 the northwestern portion of the subject tract was zoned R-A (Rural Residential) and the remainder of the property was zoned A-1 (Low Density Residential, Agricultural, Forestry and Recreation Zone). After December 30, 1981, the subject tract of land has been completely zoned Farm (F-1). Staff finds the zoning designations on previous zoning maps match the Applicant’s response to this criterion (h) Compatibility of the proposed new zone with the surrounding zoning and land uses. Findings: The applicant indicates, “The parent parcel is surrounded wholly by Farm-zoned and Forest–zoned resource land in the following configuration [See Exhibit’s A, B and C]: On the west by four adjacent tracts all zoned Farm (F-1): • • • Zone Change, ZC-09-01 A 74-acre active dairy owned by Shane & Stacey Boettcher, with a residence and farm buildings more than 4,000 feet from the proposed zone change. A 65-acre vacant tract owned by Norman and Dorothy Bennett, a portion of which produces grass hay. The County Assessor’s Report shows that 30 acres of this ownership is designated forestland for assessment purposes. A 45-acre vacant tract of forested land owned by Ed & Barbara Jenkins. 10 • A 4.35-acre parcel owned by Timothy and Jodene Toth, containing a non farm dwelling,” (Exhibit 2). “On the north across Burton Frazer Road and the Tillamook River by two active dairy farms totaling 400 acres, both zoned F-1 and owned by Ben Hathaway. John and Kim Snell are acquiring one of the farms (237 acres) on contract and David and Jody Rocha are acquiring the other (167 acres). The Rocha’s own and manage other farmland in the area within mile of the subject property,” (Exhibit 2). “On the east by a vacant 7-acre, Farm-zoned parcel owned by Charles Whyte and 61.94-acre, Forest-zoned parcel that is part of a much larger tract owned and managed by Stimson Lumber Company,” (Exhibit 2). “On the south by two Forest-zoned parcels, totaling 221.94 acres owned and managed by Stimson Lumber Company,” (Exhibit 2). “The 25.88-acre portion of the subject property proposed for rezoning to Forest (F) is adjacent on the south and southeast side, for a total of 3,440 feet, to aforementioned large tract of Forest-zoned property, owned and managed by Stimson Lumber Company. The portion proposed for the Forest Zone borders with Bennett Farm-zoned property on the west for 264 feet and the Whyte Farm-zoned property to the east for 225 feet. The remainder boarders the portion of the parent parcel that would remain in the Farm Zone (F-1) for a total of 3406 feet,” (Exhibit 2). “The surrounding zoning and land use reflect the predominant rural farm and forest resource nature of the area. The proposed Forest zoning is compatible with adjacent Farm and Forest zoning, particularly since 87% of the adjacent Farm zoning will be comprised of the portion of the parent parcel that remains in that zone, and all of the 3,440 feet of adjacent Forest-zoned land is owned by Stimson Timber, whose Tillamook area manager, Britt Madison, has submitted an enclosed letter in support of the zone change request [Exhibit J]. The nearest residential zoning is 2,250 feet to the east [as the crow flies], and is separated by a ridge that serves as a visual and sound barrier. This residential zoning contains a cluster of 8 home sites and appears built out. The residence nearest to the proposed zone change is on the Toth property, 1,748 feet to the west. A residence on the Snell farm north of the Tillamook River and Burton Frazer Road is approximately 2,000 feet away. These are the only two residences that aren’t more than 2,000 feet from the proposed zone change,” (Exhibit 2). The Policies of Goal 3 (Section 4.8) and Goal 4 (Section 4.3), Agricultural/Forestry or Forestry/Agricultural Interrelationship, states, “…The conversion of land from one resource use to another shall remain at the discretion of the property owner…Non-resource uses will continue to be restricted in both zones to assure compatibility with resource use,” (Exhibits 8 & 9). Staff finds this interrelationship between the two resource zones, Farm and Forest, as compatible as the proposed 25.38-acre portion of the subject property considered in this Zone Change, ZC-09-01 11 rezone process property. would continue to abut both Farm and Forest zoned The uses as outlined in TCLUO 3.002: Farm and 3.004: Forest, in conjunction with OARs 660-033 and 660-006 does differ; however, the uses permitted outright in both zones are agricultural use and forest use. A letter submitted by the Tillamook County Creamery Association (TCCA), received May 6, 2009 states, “After reviewing the Zone Change request, and discussing the issue with the adjacent dairy farmers, it has been determined the Zone Change request ZC-09-01 is in direct opposition to the TCCA’s policy of no net loss of farmland, and that the proposed end use of the property is incompatible with the operation of adjacent dairy farms. Keeping this parcel zoned Farm (F-1) is also important to the dairy industry because it preserves the contiguity of agricultural land in this area. Contiguity of agricultural land is important because it reduces conflict between adjacent land owners, promotes operational efficiency of dairy farms and prevents the intrusion of incompatible uses next to established dairies. The proposed conversion of this property into a shooting range will introduce activities that are incompatible with ongoing dairy practices. Increased traffic in the area will make managing the adjacent dairies more difficult, the noise from the discharge of firearms has the potential to unsettle the animals and the use of the property by those unfamiliar with best dairy management practices promises to increase the likelihood of conflict between dairy farmers and the public,” (Exhibit 20). The TCCA letter was drafted in response to the initial zone change application which requested the entire 84.78-acre tract from Farm to Forest. The TCCA was notified of the new application on March 3, 2010, revising the Zone Change request to rezone 25.38-acres of Farm zoned land to Forest zoned land. Staff had not received additional commentary based on the new application from the TCCA at the time of this report. The Tillamook County Soil and Water Conservation District issued a letter in support of Rudy Fenk’s letter of support for the Shooter’s Association Land Use Application (Exhibit 21). Some citizen commentary received states that this rezone request is in opposition to Goal 3 of the Tillamook County Comprehensive Plan because all Agricultural Land in Tillamook County and that Commercial Agricultural lands in Tillamook County are protected under Goal 3 (Exhibit 24). There is concern that the tourism industry in the area will be impacted by the implicated “Firearms Training Facility”. Concerns are raised regarding the potential/un-researched impacts of siting a Firearms Training Facility in relation to the family operations of dairies and hobby farms that surround the subject parcel, in this region, as well as the fish and fishing industry along the Tillamook River. There is concern that noise and contamination (lead Zone Change, ZC-09-01 12 pollution) from the proposed non-farm use would impact the surrounding water supply, wetlands, and livestock in the region. There is concern that a Zone Change such as this coupled with the uses outlined by the applicant will impact the residences within the City of Tillamook and the other residences in this general region. Opponents of this Zone Change request indicate that the only purpose for the requested zone change is for the subsequent request for a non-resource use as requested in CU-09-11 for a Firearms Training Facility. There are suggestions of required setbacks to be included from existing uses to a proposed Firearms Training Facilities in the related Ordinance Amendment process. A reoccurring concern of citizens opposed to this proposal is the impact to “Hobby Farms” (Exhibit 24). Staff finds in Comprehensive Plan Goal 3, Section 4.1, “…Nor are the F-1 Zone or the SFW-10 zone appropriate locations for so-called ‘hobby farms’ whose owner’s primary vocation is other than commercial agriculture,” (Exhibit 8). Staff believes that this statement is consistent to the remainder of Goal 3 with a typographical error with “SFW-10” as the very next statement reads, “These uses can best be accommodated in the county’s Small Farm and Woodlot 10-Acre Zone which is designated for small-scale agriculture and forest uses,” (Exhibit 8). Staff thinks that “SFW-20” was supposed to be inserted in the first cited sentence because that would be consistent with the rest of Goal 3 and the OARs. This distinction is raised by Staff for consideration of the Planning Commission because Farm Zoned property owners can continue with agricultural use on their respective properties; however, the term “Hobby Farm” is specifically addressed in Goal 3 as a use that is not appropriate in the F-1 zone in relation to commercial agriculture. There is also commentary from a former property owner of the subject tract and an adjacent property owner with undeveloped land that are in support of the proposed zone change (Exhibit 2). (i) Availability and feasibility for development of nearby properties in the proposed zone. Findings: According to the applicant, “The large tract of adjacent Forest-zoned land is not available for development given ownership by Stimson Lumber Company, nor is it feasible for development given its Forest zoning. Development on the nearby Farm-zoned properties is limited by restrictions inherent in those zones. The Whyte property adjacent to the east of the proposed zone change appears too low and wet to accommodate a residence, and the portion of the Bennett property adjacent to the west is also sufficiently low and wet to limit placement of a dwelling. Parcel size [less than 80 acres] and income requirements also make it difficult to place a dwelling on these properties with respect to land use regulations,” (Exhibit 2). Staff finds the Farm and Forest zoning that surrounds the subject parcel are restrictive in the development of a residence. Each zone Zone Change, ZC-09-01 13 has specific criteria and development requirements for residences. Several of these properties are constrained due to wetlands issues, flood plain issues and riparian setbacks to the Tillamook River. The uses provided for in the Farm and Forest zone are available to the surrounding properties for various other forms of development. (j) Aesthetics. Findings: According to the applicant, “The subject property has been poorly managed in recent years, particularly during the 1996-2001 period when occupied by the animal rescue group prior to their eviction from the property. The mess they left on the portion proposed for the zone change remains as it was when vacated in 2001. The Tillamook Shooter’s Association is committed to cleaning up the property if approval of the zone change and their concurrent conditional use request enables them to acquire it. They are very interested in working with the Tillamook Estuary Project and the Oregon Department of Fish and Wildlife to restore natural habitat on the remaining 58.90 acres of low lying Coquille hydric soils by removing tide gates and portions of the dikes. This would create habitat for fish and wildlife, and enhance the view of the property from Burton Fraser Road,” (Exhibit 2). Staff finds that any development of the subject lot will change the current aesthetics. The developed portion of the subject property is in disrepair at this time as the dwelling, Mobile Home, and barns are deteriorating (Exhibit 19). Citizen Commentary raises concern regarding the removal of tide gates and portions of the dikes, as indicated by the applicant above, on potential greater impacts of flooding on surrounding properties and Burton Frazer Road from the Tillamook River. Staff finds that further engineering studies would/could be required of the applicant regarding potential impacts to flooding in the area with the potential removal of a tide gate. (k) Availability of public facilities and services. Findings: The applicant indicates, “County Burton Frazer Road and Fraser Road provide access to the property. Electric power is on site, served by the Tillamook PUD. The property is within Tillamook Fire District. Water will come from an existing well site. Sanitation will be provided on site,” (Exhibit 2). Old the the on Staff finds the subject tract of land is located in the service area of School District #9, the Tillamook Fire District, the Tillamook People’s Utility District and the Tillamook County Sheriff’s Office. Access to the subject property is off of Old Fraser Road and will require an approved Road Approach permit from the Tillamook County Public Works Department that addresses the concerns in the submitted letter (Exhibit 22). Zone Change, ZC-09-01 14 (l) Land use zoning. objectives of both the applicable and the proposed Findings: The applicant states, “The purpose of the Farm Zone as stated in LUO Section 3.002 (1) is ‘to preserve the cultural, social and economic values that are provided by agriculture in Tillamook County by identifying and protecting land that is needed to sustain the local agricultural economy…,” (Exhibit 2). “The purpose of the Forest Zone as stated in LUO Section 3.004(1) is ‘to retain forest land for forest use, and to encourage the management of forest land for the growing, harvesting and processing of forest crops consistent with the Oregon Forest Practices Act. It is also to protect other forest uses from the encroachment of conflicting nonforest uses and influences, including watershed and soil protection; the maintenance of clean air and water, the preservation of fish and wildlife habitat; outdoor recreation; scenic preservation, and agricultural activities’,” (Exhibit 2). “The objectives of the Farm and Forest zones are similar in that they both emphasize protection of resource land for farm and forest use. State statutes and administrative rules identify non-farm and nonforest uses permitted in Farm and Forest Zones. These uses generally require conditional use approval as does the proposed firearms training facility described in the enclosed conditional use request,” (Exhibit 2). Based upon the soils analysis above, the Templeton and Templeton-Ecola soils are some of the most productive soils for Forest use. The applicant has incorporated these highly productive soils into their zone change request application. Given the applicant’s calculations, Staff finds that 7.8-acres of the proposed 25.38-acres would rezone Farm zoned land into the highest productivity Forest soils. The remaining 17.58-acres of Coquille soil is not valuable for timber production and consequently as Forest Land. (3) The Commission shall consider an AMENDMENT request at the earliest practicable public hearing after it is proposed. In hearing the request to establish a new zoning designation, the Commission shall consider all of the following criteria. A zone MAP AMENDMENT may be approved only if all four criteria can be met. (a) The proposed new zone is consistent with applicable Comprehensive Plan policies. Findings: According to the applicant, “The Goal 3 [Agricultural Lands] component of Tillamook County’s Comprehensive Plan emphasizes the need to protect productive farmland for farm use in response to state law and the importance of agriculture to the local economy. An applicable policy in the Goal 3 component is contained in Section 4.1 ‘Agricultural Land Zoning.’ That policy states: Zone Change, ZC-09-01 15 ‘Tillamook County will maintain F-1 and SFW-20 zones to protect farmland and farm practices from the unnecessary encroachment of nonfarm development. The county’s Agricultural Lands Criteria will be used to established priorities for the availability of farmland for conversion to non-farm uses. Land will not be removed from the farm zone without appropriate consideration of need, consequences, alternatives and compatibility’,” (Exhibit 2). “The Tillamook County Board of County Commissioners approved the Agricultural Lands Criteria on July 27, 1980 to assist in determining which land should be included in the Farm (F-1) Zone. The four criteria that were used to determine the agricultural suitability of any given ownership are (1) soil suitability, (2) parcel size, (3) surrounding parcel size, and (4) compatibility of surrounding land use. While these criteria were not utilized explicitly to determine which lands should be included in the Forest Zone, they are similar to the considerations employed in making that determination,” (Exhibit 2). “The Goal 3 component of the Comprehensive Plan contains a policy [4.8] on the ‘Agricultural/Forestry Interrelationship.’ That policy states: ‘Tillamook County recognizes the interrelationship between agricultural and woodland management on many farm ownerships … The conversion of land from one resource use to another shall remain at the discretion of the property owner … The county shall continue to permit forest uses in the Farm Zone and farm uses in the Forest Zone’,” (Exhibit 2). “The Goal 4 [Forest Lands] component contains a similar policy [4.3] on the ‘Forest/Agriculture Interrelationship,’ and a comparable commitment to protect forest lands for forest use. The applicable Forestland Zoning Policy is contained in section 4.1 of the Goal 4 component. That policy states: ‘Tillamook County will maintain its Forest zone (F) to retain forest land for forest use and to encourage the management of forest land for the growing, harvesting and processing of forest crops consistent with the requirements of the Oregon Forest Practices Act. This zone will also continue to provide for other forest uses, including watershed and soil protection, wildlife and fisheries habitat, outdoor recreation activities, open space and scenic preservation, and agricultural activities, free from the encroachment of conflicting non forest uses and influences …’,” (Exhibit 2). “The Comprehensive Plan’s Goal 5 component [Open Historic Areas, and Natural Resources] contains no either Farm or Forest zoning. The expressed goal resources can be accomplished in either the Farm although the Forest Practices Act provides some Zone Change, ZC-09-01 Spaces, Scenic and policies that favor of protecting these of the Forest Zone, non-forest resource 16 protections on lands managed for forest use that aren’t available for non-farm uses on agricultural lands,” (Exhibit 2). “The Goal 9 [Population and Economy] component of the Comprehensive Plan is also neutral in the sense that it acknowledges the economic value of both farmland and forestland. [Goal 9 is more applicable to the Conditional Use Request for a firearms training facility.],” (Exhibit 2). Staff finds that the Tillamook County Comprehensive Plan Goal 3 states, “The most effective and equitable way to avoid land use conflicts that may lead to restrictions on farm practices is not for farmers to change the way they use their land because odors and noise are an integral part of agriculture – but rather to utilize appropriate zoning to separate agricultural uses from non-farm development as much as possible, given topography and existing land use patterns,” (Exhibit 8). Section 4.8 Findings in Goal 3 of the Comprehensive Pan states, “Whether resource land is placed in a farm or forest zone has no significant effect on its tax status,” (Exhibit 8). The Policies of Goal 3 (section 4.8) and Goal 4 (section 4.3), Agricultural/Forestry or Forestry/Agricultural Interrelationship, states, “…The conversion of land from one resource use to another shall remain at the discretion of the property owner…Non-resource uses will continue to be restricted in both zones to assure compatibility with resource use,” (Exhibits 8 & 9). The “Interrelationship” described in Comprehensive Plan Goal 3 and 4 Policies demonstrates that the resource uses in the F and F-1 zones are interchangeable, per the property owner’s discretion. Staff finds that this means that these two zones are generally compatible and consistent with each other. (b) The proposed new zone shall not result in the conversion of resource lands to nonresource use without an approved exception to applicable state resource protection Goals. Findings: The applicant indicates, “The proposed Forest Zone and the existing Farm Zone are both resource zones, so a goal exception is not required. Both zones permit some non-resource uses subject to meeting applicable conditional use review criteria. The proposed firearms training facility will be considered in the attached conditional use application,” (Exhibit 2). Some comments received indicate that because this Zone Change request is only for the proposed siting of a Firearms Training Facility in this Zone, that “non-resource” use actually requires an approved exception to the applicable state resource protection Goals. Staff finds that the proposed rezoning of 25.38-acres of Farm (F-1) land, out of an 84.78-acre tract, to Forest (F) zoned land does not require a Goal Exception. If the 25.38-acre portion of the subject property is rezoned, then all of the uses Permitted Outright and Zone Change, ZC-09-01 17 Conditionally, as outlined in TCLUO 3.004 and available to the property owner (Exhibits 5 & 7). (c) OAR 660-006, are The site under consideration is better suited to the purposes of the proposed zone than it is to the purposes of the existing zone. Findings: The applicant indicates, “Applicable findings that address the land objectives or the respective zones are contained in Section (l) on page 6 of the above Site Analysis. The purpose of the respective Farm and Forest Zones are stated in that section, with the finding that they are similar in their emphasis on the protection of resource lands – either farm or forest. The response to the first conditional use criterion (a) contains findings that the Comprehensive Plan’s Goal 3 and Goal 4 policies acknowledge the interchangeable nature of farmland and forestland resources – and their respective zoning. The plan’s Goal 4 component [p.28] notes: ‘Approximately 3,500 acres of the 35,000 acres in the F-1 Farm [Farm] zone are predominantly forestland,” (Exhibit 2). “Section [c] of the above Site Analysis [pages 1-3] describes the subject properties physical site characteristics. The 25.38-acre portion of the 84.78-acre ownership that is proposed for rezoning from Farm to Forest contains 7.8 acres of Templeton and Templeton-Ecola soil mapping units that according to the Natural Resource Conservation Service [NRCS] soil’s information have ‘severe limitations’ for agricultural use, and are relatively well suited for forest use. The remainder is Class 4 hydric Coquille soil decried by the NRCS as having ‘very severe limitations that reduces choice of plants or that require very careful management or both,’[See Exhibit D] for NRCS soils information],” (Exhibit 2). “A substantial amount of Coquille soil is in productive farm is in Tillamook County, but such use requires well-maintained dikes, ditches and tide gates to mitigate for the poor natural drainage, frequent flooding, and ponding of this low-lying hydric soil. [See description of the Coquille soil in Section [c] of the above site analysis.] The dikes, ditches and tide gates on the subject property have not been maintained since Marion Blaser ceased farming it in 1991. These structures are now in sufficiently bad repair that the Coquille soil on the subject property is reverting to its original wetland condition. This is affirmed by the National Wetland Inventory’s identification of virtually all of the Coquille soils on the subject property as ‘Freshwater Emergent Wetland’ [Exhibit E],” (Exhibit 2). “These limitations are affirmed in Rudy Fenk’s enclosed letter [Exhibit J] that strongly supports the Tillamook Shooters Association’s applications. He states: ‘I am very aware of the proposed site’s inherent limitations for commercial agriculture. It’s low-lying Coquille soils would require costly repair and maintenance of the dikes, ditches and tide gates that are now in very poor condition. The old farm Zone Change, ZC-09-01 18 house and outbuildings are beyond repair. The 85-acre ownership is no longer capable of operating as a self-contained dairy because of the current acreage requirements and other physical limitations. Farmers in the area may use a portion of the property for grass hay and possibly the grazing of livestock, but I don’t think anyone will find it cost-effective to repair and maintain the dikes, ditches and tide gates – even if they were legally permitted to do so.’,” (Exhibit 2). “Rudy Fenk has served on the Tillamook County Soil and Water Conservation District (SWCD) Board for more than 35 years – most of that time as Board Chair. He played a central role in all aspects of the agricultural-related work on the county’s Comprehensive Plan and farmland zoning in the late 1970s and early 1980s. He is known for his commitment to protect needed and productive farmland. As he states, the subject property is no longer suited to function as a selfcontained operating dairy as it did during Martin Blaser’s ownership prior to 1992, and it has very limited value for use by other farmers in the area. That said, the rezone to Forest of 25.38 acres does not preclude agricultural use of the 59.40 acres that would remain in the Farm Zone, nor does it necessarily preclude farm use on the portion rezoned to Forest, given that farm use is permitted outright in the Forest Zone,” (Exhibit 2). “The Tillamook Shooters Association has engaged in discussions with the Tillamook Estuary Project [TEP] and the Oregon Department of Fish and Wildlife about enabling most of the Coquille soil to complete its reversion to its natural estuarine wetland condition in lieu of resuming intensive agricultural use, thereby enhancing fish and wildlife habitat. This discussion is not an inherent part of this zone change or the conditional use application, but it does reflect the property’s limited value for commercial agriculture, and the merits of considering alternative uses,” (Exhibit 2). Citizen commentary expresses concern over the soils analysis by the applicant’s proposal. With only 7-acres in the Templeton and Templeton-Ecola soil as productive Forest land of the 25.38-acres requested by the applicant, the remaining 69% or 17.58-acres of Coquille soils are not listed for Coquille soil (Exhibit 24). Other citizen comments indicate that the processing OA-09-04, ZC-09-1 and CU09-11 are thought of by some as being pre-determined (Exhibit 24). Staff finds that 7-8 acres of the proposed 25.38-acres in this zone change request are deemed valid for timber production and valid in a Zone Change request. The remaining +/- 17-acres of Coquille soil, which is not valuable as Forest Land, and therefore does not match the intent of the Forest Zoning. Agricultural and Forest resource uses are generally interchangeable and therefore if the +/- 17-acres of Coquille soil were to remain as Farm land it could be use for agricultural, forestry, or restoration for habitat. For that matter, the entire 25.38-acres proposed for rezoning from Farm to Forest could be used for agricultural purposes, forestry purposes or restoration activities. Zone Change, ZC-09-01 19 Staff concurs with Mr. Fenk’s and the SWCD assertion that there are inherent limitations to the subject property for Agricultural Use; however, Staff also finds that a majority of the land proposed for rezoning in this request has no value as Forest Land and therefore is not better suited to the purposes of the proposed zone than it is to the purposes of the existing zone. (d) Development anticipated to result from the proposed zone shall not impair the actual or the legally designated uses of surrounding properties. Findings: According to the applicant, “The filing of the three separate but related applications makes it clear that the applicant’s objective is the establishment of a firearms training facility on the 25.38 acres that are proposed for the zone change to Forest. That facility is a conditional use in the Forest Zone if the Board of County Commissioners approves the proposed LUO text amendment as permitted by the applicable OAR. The impacts of the firearms training facility are most appropriately considered while addressing compliance with the conditional use criteria and are evaluated more fully in the enclosed conditional use application.” (Exhibit 2). “For the purposes of this zone change application, compatibility with surrounding land uses is addressed in the findings for Section [h] of the above Site Analysis [pg.4]. The parent parcel is surrounded wholly by Farm and Forest zoned resource land in a rural area that contains relatively few residences. The 25.38-acre portion of the subject property proposed for rezoning to Forest (F) is adjacent on the south and southeast sides for a total of 3,440 feet [46.9 % of the total for all adjacent properties] to a large tract of Forest-zoned property, owned and managed by Stimson Lumber Company. The enclosed letter in support of the zone change and proposed land use from Britt Madison, Stimson’s Tillamook Area Manager [Exhibit J], affirms compatibility with the adjacent forest land. His letter concludes by saying: ‘We are behind the change 100%.’,” (Exhibit 2). “The area subject to the zone change is bordered for a total of 489 feet [06.7 %] by two parcels in other ownerships in the Farm Zone. Norman and Dorothy Bennett own one of these parcels that about the proposed zone change area to the west for 264 feet. Their adjacent low-lying area is dominated by wetland vegetation that does not appear suitable for harvest of grass hay or grazing, let alone a dwelling. The Bennett’s ownership does not contain a dwelling or other buildings. Charlie Whyte owns the other parcel that is adjacent to the proposed zone change area for 225 feet to the east. This ownership does not contain a dwelling or other structures, and its low and wet condition makes any such development problematic at best. The remaining 3,406 feet [46.4 %] are adjacent to land in the parent ownership that will remain in the Farm Zone. This buffers adjacent Farm-zoned ownerships and the Burton Frazer Road from the area proposed for the Forest Zone. That buffer is from 530 feet to more than 1200 feet wide for properties Zone Change, ZC-09-01 20 to the west and from 333 feet to 667 feet wide from Burton Frazer Road. That road and the Tillamook River serve as additional buffers for the two adjacent farms north of the river [Snell and Rocha],” (Exhibit 2). “The nearest residential zoning – a less than five–acre enclave – is 2,250 feet [as the crow flies] to the east of the subject site, and is separated by a ridge in corporate forest ownership [Stimson] that provides significant visual and noise buffering. [The Kottre’s who sent letters in opposition live within that residential enclave.] The residence nearest to the proposed zone change is on the Toth property, 1,748 feet to the west. This is a non-farm residence on a 4.35-acre parcel in the Farm Zone. [The Toth’s also sent a letter in opposition.] A residence on the Snell farm across Burton Frazer Road and the Tillamook River is approximately 2,000 feet away. The residence on the Boettcher farm adjacent to the subject parent tract is more than 3,000 feet away. Both Snell’s and Boettcher’s sent letter of objection when the entire 83.4-acre parent tract was noticed initially as proposed from rezoning to Forest. We don’t know their response to reducing the zone change to 25.38 acres with additional buffers. The Creamery’s (TCCA) initial letter of opposition followed from the opposition of the two producers [Snell and Boettcher]. We believe reduction in the extent of the proposed zone change substantially addresses their objections. The Rochas have not objected to the zone change and conditional use requests,” (Exhibit 2). Staff finds that the proposed Zone Change will not impair the legally designated uses of the surrounding properties. The resource zones are generally compatible with each other. Forest use is permitted on Farm land and Farming is permitted on Forest land. All of the adjacent properties are zoned for resource use. Some citizen commentary indicates that the actual use of the surroundings properties will be heavily impaired by development anticipated to result from the proposed zone change. Siting the potential impacts of a Firearms Training Facility due to noise, potential pollution, and the act of discharging multiple weapons on the site would severely impact surrounding residences, dairy operations (livestock), natural habitat, and recreational activities (Exhibit 24). There are assertions that there are better locations in the County for a Firearms Training Facility. A local real estate broker states, “As a real estate broker, I do believe that the impact on property values of adjacent properties would be demonstrably negative if a gun club were installed within hearing range,” (Exhibit 24). Using the definition of “Impair” found by Staff in the Merriam-Webster Online dictionary, “to damage or make worse by or as if by diminishing in some material respect.” In relation to this proposed Zone Change impairing the actual uses on the surrounding properties, Staff finds that development anticipated with this zone change request may impair the actual uses on surrounding properties. Staff understands that the Zone Change, ZC-09-01 21 “Best Practices” may be employed by the proposed “Firearms Training Facility”; however, this would be a substantial shift from the previous uses on the subject property. Conclusion: Staff concludes that the proposed Forest Zone is consistent with applicable Comprehensive Plan policies as it relates to the Farm Zone. Staff analysis and communications with DLCD lead Staff to conclude that a Goal Exception to rezone Farm (F-1) land to Forest (F) land is not required. Staff concludes that only 7-8 acres of the proposed 25.38-acres in this zone change request are deemed valid for timber production. The remaining +/- 17-acres of Coquille land soil that is not valuable as Forest Land. Agricultural and Forest use are interchangeable and therefore if the +/- 17-acres of Coquille soil were to remain as Farm land it could be use for agricultural, forestry, or restoration for habitat. Staff concludes that a majority of the land proposed for rezoning is not better suited to the purposes of the proposed zone, Forest, than it is to the purposes of the existing zone, Farm. Although development anticipated as a result from the proposed zone is likely not to legally impair designated uses of surrounding properties; Staff concludes that the actual uses by many of the surrounding property owners could and would be impaired based their commentary. Staff cannot conclude that the surrounding property owners will not be impaired by the development anticipated as stated as part of this request. Staff concludes that a zone Map Amendment may be approved only if all four criteria can be met. Based upon the applicant’s request and the findings in this report, Staff concludes that all four criteria of Section 9.020 (3)(a-d) have not been met. IV. CONCLUSIONS: Staff concludes based on the input from the local and State enforcement agencies and the Oregon Department of Fish & Wildlife that a “Firearms Training Facility” is a need in Tillamook County. Given the intended end use, as stated by the applicant, for a “Firearms Training Facility”, Staff came to the conclusion that the actual uses on surrounding properties may be impaired by the proposed development as a result of this request zone change. Staff concludes that a Zone Change request must be valid unto itself, irrespective of the potential intended uses. With the majority of the soils involved not being productive Forest soils, this Zone Change does not meet the requirements of a Map Amendment from F-1 to F. Staff came to the conclusion, in consideration of all the information submitted for a Zone Change, that two (2) of the four (4) required criteria in TCLUO Section 9.020 (3) are not met. Zone Change, ZC-09-01 22 V. RECOMMENDATION: Based on the findings of fact and other relevant information contained within this report, Staff recommends DENIAL of ZC-09-01 as proposed on the subject property. VI EXHIBITS: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) Vicinity, Tax Assessor's, and Zoning Maps Applicant's Submittal and Site Plan Tillamook County Assessor’s Real Property Assessment Report Tillamook County Land Use Ordinance Section 3.002: Farm Zone (F-1) Tillamook County Land Use Ordinance Section 3.004: Forest Zone (F) Oregon Administrative Rule, Division 33, Agricultural Land Oregon Administrative Rule, Division 6, Goal 4 Forest Lands Tillamook County Comprehensive Plan, Goal 3 Tillamook County Comprehensive Plan, Goal 4 Productivity Classification on Forest Land USDA’s Natural Resources Conservation Service’s Web Soil Survey Tillamook County Transportation System Plan information Tillamook County Comprehensive Plan, Goal 9 U.S. Fish & Wildlife, National Wetlands Inventory. Notice and Order of Abatement Estoppel Deed – Real Estate Contract FEMA Federal Insurance Rate (FIRM) map Oregon Department of Geology and Mineral Industries (DOGAMI) bulletin Staff photos from March 30, 2010 site visit Tillamook County Creamery Association letter Tillamook County Soil and Water Conservation District letter Tillamook County Public Works Department letter Conditional Use Application, CU-09-11 Citizen Commentary Zone Change, ZC-09-01 23