~f~ Faye Stew~ Chair Lane County Board of Commissioners

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1 BEFORE THE BOARD OF COMMISSIONERS OF LANE COUNTY, OREGON ORDER NO: In the Matter of Electing Whether or Not to Hear an Appeal of a Hearings Official Affirmed Decision Approving Forest Template Dwelling in the Impacted Forest Lands Zone (F-2); Assessor's Map , Tax Lot 703 (File No. 509-PA /Weyerhaeuser). WHEREAS, the Lane County Hearings Official has made a decision approving a forest template dwelling application in Department File No. 509-PA ; and WHEREAS, the Lane County Planning Director has an appeal of the Hearings Official's Decision to the Board of County Commissioners pursuant to LC (3)(f)(ii); and WHEREAS, the Lane County Hearings Official has affirmed his decision on the application after reviewing the appeal in File No. 509-PA ; and WHEREAS, Lane Code provides the procedure and criteria which the Board follows in deciding whether or not to conduct an on the record hearing for an appeal of a decision by the Hearings Official; and WHEREAS, the Board of County Commissioners has reviewed this matter at a public meeting of the Board. NOW, THEREFORE, the Board of County Commissioners of Lane County finds and ORDERS as follows: 1. That the appeal does not comply with the criteria of Lane Code (3) and arguments on the appeal should therefore not be considered. Findings in support of this decision are attached as Exhibit "A" 2. That the Lane County Hearings Official decision dated September 7, 2016, and the letter affirming the decision dated September 22, 2016, attached as Exhibit "B," that found relevant approval criteria are met are affirmed and adopted by the Board of County Commissioners as the County's final decision. The Board of County Commissioners has reviewed the appeal and the Hearings Official decision and expressly agrees with and adopts the interpretations of Lane Code (5) made by the Hearings Official in the decision. ADOPTED this 18th day of October, ~f~ Faye Stew~ Chair Lane County Board of Commissioners APPROVED AS TO FORM

2 Order Exhibit A FINDINGS IN SUPPORT OF THE ORDER 1. The property subject to this application, hereinafter referred to as the "subject property," is located on tax lot 703, assessor's map , and is located approximately 4.0 miles southwest of Cottage Grove Lake and the Community of London. The parcel is approximately 3.46 acres in size, and is vacant, forested, and does not have a site address. The property is within the Lane County Rural Comprehensive Plan boundary designated Forest and is Zoned Impacted Forest Lands (F-2) consistent with the designation. 2. The subject property is identified as Legal Lot #4 in Legal Lot Verification 509-PA and as Property #4 in Serial Property Line Adjustment 509-PA According to RLID, the surrounding parcels are in different ownership. 3. The forest template dwelling sought by the applicant is processed under Lane Code (5)(c)(iii). Under subsection (aa)(a) of this provision, the applicant must demonstrate that all or part of at least eleven lots or parcels existed on January 1, 1993 within a 160 acre square template centered on the subject property. Under subsection (bb)(a), the applicant must demonstrate that there were three dwellings that existed on January 1, 1993 and continue to exist within the 160 acre square template. On August 11, 2016, the applicant submitted a revised template diagram, which rotated the 160 acre square template differently that the original diagram. In its revised forest template dwelling analysis, the applicant is counting 15 parcels as being in existence on January 1, 1993 and that lie within the forest template. The following analysis addresses the evidence relied upon by the applicant to show conformance with Lane Code (5)(c)(iii)(aa): Template Parcel #1: Tax Lot 701, Assessor s Map This is the eastern portion of a parcel created by the quitclaim deed recorded in Book 68, Page 375, Lane County Deeds and Records (O&C to Moxley) on March 5, It was reduced in size by warranty deed (Moxley to Jones) on July 7, 1907 (See Book 69, Page 627 Lane County Deeds and Records.) It was divided off from the eastern portion by intervening fee ownership with Quit Claim Deed on April 2, 1934 (Sutherlin to Lane County) (See Book 178, Page 486, Lane County Deeds and Records.) The legal lot status of this template parcel was verified in PA Template Parcels #2 & #3: Tax Lot 300, Assessor's Map This is the parent parcel that was created in Originally it was 3.85 acres in size and shaped like a boot with its toe pointing south. (See Reel 132, Page 6643, Lane County Deeds and Records.) Template Parcel #2 Created on January 9, 1965 and recorded on November 9, (Graham to Walters) (See Reel 369, Page 4412, Lane County Deeds and Records.) Template Parcel #3 Created in January 10, 1959 and recorded on May 1, (Clark to Cox) (See Book 132, Page 66643, Lane County Deeds and Records.) It was later reduced in size on January 9, (See Book 364, Page 4412, Lane County Deeds and Records.)

3 Template Parcel #4: Tax Lot 200, Assessor s Map Created in 1967 by warranty deed (Quigley to Walters). (See Reel 359, Page 95616, Lane County Deeds and Records.) Template Parcels #5, #6 & #7: Tax Lot 100, Assessor s Map Template Parcels #6 and #7 Both parcels created by the same bargain and sales deed on September 15, 1943 and recorded October 9, (Jones to Campbell) (Book 255, Page 314 Lane County Deeds and Records.) Template Parcel #5 This is a bargain and sale deed (Jones to Woodard Lumber Co.) that was created on March 27, 1937 and recorded June 2, 1937 that intervenes between Template Parcels #6 and #7. (See Book 189, Page 443, Lane County Deeds and Records.) Template Parcel #8: Tax Lot 400, Assessor s Map This parcel was created by deed out of U.S. Government Ownership by ORORAA Serial Patent on December 3, 1894 as part of a 229, acre deed per BLM/GLO records. Tax lot 400 was apparently created in (See Book 184, Page 294 Lane County Deeds and Records.) Template Parcel #9: Tax Lot 800, Assessor s Map Template Parcel #9 was created by quitclaim deed on January 17, 1957 and recorded February 19, 1957 (Woodard Lumber Co. to Weyerhaeuser Timber Company). (See Book 95, Page 6410 Lane County Deeds and Records.) Template Parcel #10: Tax Lot 1100, Assessor s Map Template Parcel #10 was created by warranty Deed (Chambers to Weyerhaeuser Timber Company) on November 20, 1957 and recorded November 22, (See Book 107, Page 26454, Lane County Deeds and Records; later reduced on August 6, 1958 (See Book 127, Page 57781, Lane County Deeds and Records.) The parcel was sold by Warren Hansen to David and Sharyl Roser on August 16, 1972 via a bargain and sale deed recorded May 29, (See Reel 744, Page , Lane County Deeds and Records.) Template Parcel #11: Tax Lot 1101, Assessor s Map On August 16, 1972, David and Sharyl Roser transfer to G.S.A.R.M, Inc. the real estate contact they had with Warren Hansen. This bargain and sale deed was recorded on May 29, 1975 on Reel 744, Page , Lane County Deeds and Records. This transfer was for a portion of the property transferred to the Rosers from Warren Hansen and agrees with the legal description contained in the Assessor's card. Template Parcel #12: This is the North section of the Weyerhaeuser Logging Road and can be identified as tax lot 1200, assessor's map While the staff and Appellant argue that roads cannot be counted towards the template dwelling test. However, the Code definition of "a lawfully created unit of land" is not defined by its use after creation but rather the act of creation itself. This parcel was created by deed on January 17, 17, (See Reel 93, Page 4013 Lane County Deeds and Records.)

4 Template Parcel #13: This is the South section of the Weyerhaeuser Logging Road that can be identified as tax lot 600, assessor's map As noted above in the discussion under Template Parcel #12, the Code definition of "a lawfully created unit of land" is not defined by its use after creation but rather the act of creation itself. This parcel was created by deed on May 27, 1937 (See Book 189, Page 443 Lane County Deeds and Records.) and may be counted as a parcel towards the template dwelling test. Template Parcel #14: This lot can be identified as being a portion of tax lot 200, assessor's map and is a part of Fire Clay Road. This parcel was created by deed (George Sutherland to Lane County) recorded on April 2, (See Book 178, Page 486 Lane County Deeds and Records.) Template Parcel #15: Tax Lot 700, Assessor s Map Created in by land sale contract on September 23, 1974 (Brown to Paterson) and recorded on September 24, (See Reel 709, Page , Lane County Deeds and Records.) The contract was re recorded on the same day to correct the legal description. (See Reel 709, Page , Lane County Deeds and Records.) The parcel was 20 acres in size when created in 1974 and acres after correction. The parcel was reduced in size by a deed recorded on September 24, (See Reel 709, Page Lane County Deeds and Records.) In its revised template diagram, the applicant is counting four template parcels that contained a dwelling as of January 1, 1993 and that continue to exist. The following analysis addresses the evidence relied upon by the applicant to show conformance with Lane Code (5)(c)(iii)(bb): Tax Lot 500, Assessor's Map House built in This dwelling cannot be counted as the parcel that it occupies was not used by the applicant to satisfy Lane Code (5)(c)(iii)(aa) in its modified template diagram. Tax Lot 700, Assessor's Map (Template Parcel #15) House built in Tax Lot 300, Assessor's Map (Template Parcel #2) House was deemed to have been created via PA prior to January 1, Tax Lot 200, Assessor's Map (Template Parcel #4) House built in Tax Lot 1101, Assessor's Map (Template Parcel #11) House built in On February 26, 2016, the applicant submitted a request to establish a forest template dwelling in the Impacted Forest Lands (F 2) zone to Lane County Land Management Division. On March 24, 2016, staff reviewed the application materials and deemed the application complete. On June 30, 2016, the Planning Director issued a determination that the subject property complied with the applicable standards and criteria for a forest template dwelling pursuant to LC (5) and (8). Notice of the determination was mailed to surrounding property owners. On July 12, 2016, a timely appeal was submitted by LandWatch Lane County.

5 5. On August 4, 2016, the Lane County Hearings Official conducted a public hearing. The written record was held open until August 11, On September 7, 2016 the Lane County Hearings Official issued a decision approving the application. Notice of the Hearings Official s decision was mailed to the applicant and all parties of record on September 7, On September 19, 2016, the appellant filed a timely appeal and requested that the Board of County Commissioners not conduct a hearing on the appeal and deem the Hearings Officer s decision the final decision of the County, pursuant to LC (3)(f)(ii). 7. On September 22, 2016, the Hearings Official reviewed the appeal and affirmed his decision without further consideration pursuant to LC (1). 8. In order for the Board to hear arguments on the appeal, Lane Code (3) requires one or more of the following criteria to be found by the Board to apply to the appeal: The issue is of Countywide significance. The issue will reoccur with frequency and there is a need for policy guidance. The issue involves a unique environmental resource. The Planning Director or Hearings Official recommends review. 9. The Planning Director and subsequently on appeal, the Hearings Official, have consistently found that the date of creation language is not applicable to template dwelling approvals. In his decision on this application, the Hearings Official found that in Parsons v. Clackamas County, 32 Or LUBA 147 (1996), LUBA held that the date of creation provisions of OAR (5) do not apply to the template dwelling provisions of ORS and OAR (3). The Planning Director and subsequently on appeal, the Hearings Official, have consistently found that evidence of the legal creation of parcels, but not a formal legal lot verification application, is sufficient to demonstrate compliance with Lane Code (5)(c)(iii). Both the Hearings Official s original decision dated September 7, 2016 and his decision not to further consider the application dated September 22, 2016 support these practices. Furthermore, with regards to other issues incorporated by reference into the appeal statement, the Hearings Official found in his decision not to further consider the application dated September 22, 2016 that allegations of error have been adequately addressed in the decision and that reconsideration is not warranted. The Hearings Official s decision presents a reasonable interpretation of Lane Code (5)(c)(iii)(aa) with regard to the issues raised in this appeal, should other forest template dwelling applications with similar fact patterns be proposed. Therefore, the Planning Director does not find that the implications of the decision are of countywide significance. 10. Forest template dwelling applications are a common land use application made to the Land Management Division. Irrespective of the frequency of this type of application, when these issues have been presented, the Planning Director and subsequently on appeal, the Hearings Official, have consistently found that the date of creation language is not applicable to template dwelling approvals. Additionally, the Planning Director and subsequently on appeal, the Hearings Official, have consistently found that legal lot verification application is not required to evaluate whether parcels relied upon in the 160-acre template area comply with Lane Code (5)(c)(iii). The Hearings Official s decision supports these practices. Therefore, the Planning Director finds that the issue involved in this appeal will not reoccur with frequency.

6 In the event that a comparable proposal and fact pattern comes before the Land Management Division, the Hearings Official s decision presents a reasonable interpretation of Lane Code (5)(c)(iii)(aa). If these issues arise in the future, the Hearings Official s decision provides guidance. The Planning Director finds that there is not a need for further policy guidance. 11. The subject property does not constitute a unique environmental resource. To the extent that the forested areas of the property constitute a unique environmental resource, the provisions of Lane Code (5) implement the intent of the Impacted Forest Lands Zone (F-2). 12. The Hearings Official has not recommended review of the appeal on the record. 13. The Planning Director does not recommend review of the appeal on the record for the reasons cited above. 14. To meet the requirements of Lane Code (2)(b), the Board is required to adopt a written decision and Order electing to have a hearing on the record for the appeal or declining to further review the appeal. 15. The Board has reviewed this matter at its meeting of October 18, 2016, and finds that the appeal does not comply with the criteria of Lane Code Chapter (3), declines further review, and elects not to hold an on the record hearing for the appeal. 16. The Board affirms and adopts the Hearings Official decision of September 7, 2016, as the County's final decision in this matter, has reviewed that decision, and expressly agrees with and adopts the interpretations of Lane Code (5) made by the Hearings Official in the decision.

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