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)
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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
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