Bulletin E-Edition:
Zoning pits state vs. county, again
By Nick Budnick / The Bulletin
Published: October 14. 2009 4:00AM PST
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SALEM — Has Jefferson County become the bad boy of Oregon land use politics? Or is the state just really mean?
Mere months after participating in a highly publicized and successful push to overrule the county's plans for destination resorts in the Metolius River Basin, the Department of Land Conservation and Development is challenging another Jefferson County land use decision.
“We all wish this weren't Jefferson County,” said John Van Landingham, a Eugene lawyer and chairman of the commission that oversees the DLCD; he joined the vote to approve the appeal earlier this month. “We are very sensitive to Jefferson County's feeling that we are picking on them.”
This time, it's a decision to allow a rural subdivision to spring up outside Madras city limits that sparked state officials' concerns.
On Sept. 2, the Jefferson County Commission voted to rezone a 39-acre parcel owned by Joel Fuller, which would allow homes to be built on 2-acre lots.
Before the rezoning, homes could only be built on 10-acre lots.
Fuller, a resident of Alaska whose family has owned the land for decades, said he hoped to develop the land himself and maybe retire there, saying a lot of people would like to live on 2-acre lots, perhaps with horses.
“It would be a great place with walking and riding trails,” he said. “That's a whole lifestyle.”
County Commissioner Mike Ahern said he and his fellow commissioners knew the state might appeal the decision, but hoped it wouldn't.
“We're just trying to push the envelope,” he said.
Oregon land use law calls for urban-style development, including suburban subdivisions, to take place inside city limits.
Van Landingham said the county's decision, intended to allow for higher-end homes, would open the floodgates to unregulated sprawl around Oregon if upheld.
“If (the development of higher end homes) is recognized as a justification for greater levels of development ... then there's no brake on that,” he said. “Then that (argument) can apply to almost any situation in any county.”
The land in question, which is located west of the city, was considered by Madras as part of its growth planning process last year. But the city decided that expanding to the east would be cheaper.
The Department of Land Conservation and Development sent a letter to the county in May raising concerns about the plan.
But Jeff Rasmussen, the county administrator, said the state's letter was considered public comment like any other.
“The input they provide is just like a lot of other folks' input,” he said.
The city of Madras did not weigh in on the decision because of a desire to “pick our battles,” said the city's community development director, Nick Snead.
“The city of Madras does believe that urban-level development should be within city limits,” he said. “Otherwise, you have rural residential subdivisions outside of cities that frankly use all of the infrastructure of cities but don't pay taxes. That burdens the city. Frankly, it's growth management 101.”
He called the rezone “not ideal for Madras.”
Jefferson County Commission Chairman John Hatfield said the subdivision may not have paid city taxes, but it would support a lot of other services. He said he disagrees with the state's “one size fits all” land use policies.
Upon learning that the state planned to appeal the decision, he authored a Sept. 24 letter to the state that his fellow commissioners co-signed.
“We appreciate your attention to Jefferson County's land use matters but request you leave the local decisions which affect our future economic development opportunities to us,” he wrote.
Van Landingham said, “I don't think we're picking on Jefferson County. I think we're aware of Jefferson County's needs. I wish we could find a way to work together better.”
Rasmussen, the county administrator, said that while it sometimes feels like the state is picking on Jefferson County, there's no hard feelings about it.
The DLCD, Rasmussen noted, would have an opportunity to make it up to local officials soon. The county has applied for six grants from DLCD totaling nearly $400,000.
“We just wish we could get a favorable ruling one of these days — and maybe we'll get that in the grant process,” he said.
The DLCD appeal will be heard at the state Land Use Board of Appeals. A hearing date has not been scheduled.
Nick Budnick can be reached at 503-566-2839 or at nbudnick@bendbulletin.com.
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