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WBS Land Use Hearing- Aggregate, Riparian & Wildlife Amendments Wednesday, November 23, 2005 – 9:41 a.m.
Televised on Cable Channel 14 from the Anne G. Basker Auditorium
604 N.W. Sixth Street, Grants Pass, Oregon
Present: Commissioner Jim Riddle, Chair; Commissioner Dwight F. Ellis, Vice-Chair; and Commissioner Jim Raffenburg
County Employees: Michael Snider and Recorder: Linda McElmurry Members of the Media and Other Interested Persons.
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These are meeting minutes only. Only text enclosed in quotation marks reports a speaker’s exact words.
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Pursuant to notice through the media and in conformance with the Public Meeting Law, Jim Riddle, Chair called the meeting to order at 10:00 a.m.. Items discussed were as follows:
6. LAND USE HEARINGS: (Hearings are conducted in accordance with Josephine County Land Use Hearing Rules, a copy of which is available from the Recorder.)
a. The Board will consider amendments to its comprehensive plan and land use regulations. These amendments will implement changes in the County’s rules for mineral and aggregate mining, development setbacks from rivers and streams and the development of new dwellings within areas of critical deer habitat. Specifically, the proposed legislative actions are to:
[1] Amend the County’s Comprehensive Plan, Goals and Policies, at Goal 7 - Preserve Valuable Limited Resources, Unique Natural Areas and Historic Features (these amendments will incorporate changes made by the Oregon Land Conservation and Development Commission in its administrative rules regarding aggregate, riparian and wildlife resource policies); and, amend Goal 10 - Depict a Land Use Pattern to Guide Future Uses, to Implement the Desires of the County and to Meet the Requirements of the State of Oregon (these amendments revise the description for the Mineral and Aggregate Resource Zone and add a new description for the Limited Development Zone).
[2] Amend the Josephine County Rural Land Development Code at Article 11.030-Definitions; Article 66.1-Mineral & Aggregate Resource Zone; Article 42.030-Initiation of Site Plan Review; Article 69.2-Deer Overlay; Article 72-Height, Setbacks & Accessory Structures; and Article 91-Development Standards for Mineral & Aggregate Operations. (Continued from Weekly Business Session on 10/19/05)
Commissioner Riddle opened the hearing and read the hearing notice.
Michael Snider, Planning Director gave an overview of the process so far and said there were some State officials present to answer questions. Commissioner Ellis asked if he had published the questions from the last session on the website and was told yes. Michael also said they mailed all the questions and answers to everyone on the sign up sheets. Commissioner Raffenburg asked for clarification on “delegated authority”. Michael explained that the legislature gave LCDC authority to adopt statewide planning goals and went on to explain enforcement, shifts within the LCDC and the timelines involved.
Commissioner Riddle submitted letters received from Gordon Anderson and Helen Scott as Exhibits C and D.
Steve Niemela, Oregon Department of Fish and Wildlife read and submitted Exhibit E.
David Haight, Fisheries Biologist, Oregon Department of Fish and Wildlife said that they are seeking to improve and maintain healthy rivers. Riparian setbacks provide shade as a thermal buffer because too many of the rivers and streams are too warm, they stabilize banks and stream flows. The zones act as a sponge, filter, and provide habitat for many animals. The benefit to the landowner is a healthy river and reduced cost for bank stabilization. The problems we face are most pronounced on small streams and his department supports the regional problem solving agreement. Their office receives many calls regarding damage to riparian zones but the state cannot do much. He felt it was vitally important that the County regulate these zones. Studies show that if the setback is less than 50’ the benefits diminish greatly, on Federal lands the setback is 300’. Commissioner Riddle asked about water temperature and water volume, inquiring what studies do we monitor if a home is near and what impact does removal of vegetation to place a house have. He was told that if the stream’s temperature is in the upper 60’s there are problems and if it is in the 70’s it is disease riddled. If you remove vegetation, there is a very significant warming effect. Commissioner Riddle asked about the fish counts saying there are different opinions as to the cause. David said that there are a lot of fluctuation with salmon and steelhead because they are ocean oriented. To measure effects on inland habitat you average the years. There have been high fish returns lately but the stream data shows a long-term decline. Commissioner Riddle asked if they regulated water flow from the Savage Rapids and Elk Creek dams would not that lower stream temperature in summer. David replied that Elk Creek would block fish from spawning and the benefits would be minimal in summer. Commissioner Ellis asked if they could change release strategies with Lost Creek and Elk Creek. David said the ODFW recommended against completion of the Elk Creek Dam.
Bill Meyers, Department of Environmental Quality said that their main concern is the riparian issue because the water quality is impaired on 1200 miles of streams and rivers within the Rogue Basin. Most are temperature impaired from lack of shade on streams, especially affected are the small streams. He gave examples of what natural riparian state would be vs. current conditions i.e. Deer Creek should be 90% shade and actually has 75%; West Fork should be 60% and is 40%; and the Middle Fork should be 47% shade and is only 29%. As an example, he said that Sucker Creek would show a 10-degree temperature drop if properly shaded. The DEQ is working with Jackson County on the Clean Water Act and would like to work with Josephine County as well. Commissioner Riddle agreed that water issues are difficult all over the state but no one has approached him with a problem; if the current system is not broken why are they trying to fix it. Bill said that the DEQ’s perspective is that with a riparian corridor, more is better and it is very site specific. They rely on Goal 5 as a minimum and then calculate.
A question and answer period followed allowing audience members to question the State experts.
Roger Huffman, 7201 N. Applegate asked for the definition of a riparian zone as stated in Goal 5.
Steve Martin said that in the early 40’s substantial floods tore out the riparian vegetation and since Lost Creek dam has been built there is less flooding and less lost riparian zone.
Jim Frick, Cave Junction felt they should be more concerned about the riparian zone where the fire occurred instead of the private owners.
Don King, 2980 South River Road felt there was too much emphasis on setbacks when instead they should be concentrating on completing the Elk Creek Dam.
Marilyn Gillette 3831 Placer, Sunny Valley said the old ordinance was repealed because of public outrage, she felt sea lions are a bigger issue with fish than setbacks.
Paul Walter, News with Views said he came from a communist country and taking land from people is not right, why not fix the damage from the Biscuit Fire.
Peter Tronkey asked if the setbacks would help get the salmon de-listed.
John McLaughlin, River Bank Road felt if they are going to lose property rights they should be compensated for them.
Lyle Woodcock, 11656 Williams Highway said he felt Goal 5 was dams; he has a riparian area and has lost produce production.
Bob Hart, 5126 W. Evans Creek asked if less than 25 feet is ineffective, why do it at all. He submitted Exhibit J.
Commissioner Riddle thanked the experts and resumed public comment on the issues.
Lyle Woodcock, 11656 Williams Highway read and submitted Exhibit F
Stephen Martin, Averill Drive read and submitted Exhibit G.
John Taft, Bull Creek read and submitted Exhibit H.
Bill Patrick, 570 Jump Off Joe Creek shared his experience with the DEQ on his property in Alaska and in Washington.
Charles Powers, 1664 Hubbard Lane does not look favorably on the loss of control of his land.
Jim Frick, Box 825 Cave Junction felt the property owner is the best steward of the land.
Jim Bruchie, Wolf Creek said that according to these laws, his house will be illegal, and asked what if it burnt down, would he be allowed to rebuild it.
Connie Young, 12061 Williams Highway, representing the Josephine County Farm Bureau read and submitted Exhibit I.
Tony Corriea, 1350 Azalea Drive Grants Pass purchased his land in 1967 and fought the LCDC in the 1980’s says he does not support land taking.
Bob Cartnell, 3106 Lower River Road asked about enforcement of the riparian setback.
Diane Kellon, 1206 Summer Lane felt that families have a vested interest in protecting the river, much more so than a government agency.
Martin Seybold, 310 El Camino Drive explained why how thought the 75-foot minimal zone would be the best. Commissioner Ellis asked what the riparian zone was within Grants Pass and was told 25 feet but they are looking at increasing that.
Commissioner Riddle thanked everyone for their testimony feeling that the Board had heard a lot of good information to prepare them to make a decision. There are ten names left on the list so he suggested that the meeting be continued.
Commissioner Ellis made a motion to continue the meeting until 12/21 at 9 a.m. for Board Discussion and Action. Commissioner Raffenburg seconded the motion. On roll call vote, motion carried 3 – 0. Commissioner Raffenburg – yes, Commissioner Ellis – yes, and Commissioner Riddle – yes.
11/23/05 A1 Speakers List Opposition
11/23/05 A2 Speakers List Opposition
11/23/05 B Speakers List In Favor
11/23/05 C Letter from Gordon Anderson
11/23/05 D Letter from Helen Scott
11/23/05 E Letter from Oregon Department of Fish and Wildlife
11/23/05 F Letter from Lyle Woodcock
11/23/05 G Letter from Stephen Martin
11/23/05 H Letter from John Taft
11/23/05 I Letter from Connie Young
11/23/05 J Letter from Bob Hart
Adjourned 11:35 a.m.
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Linda McElmurry, Recorder
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