CLATSOP COUNTY BOARD OF COMMISSIONERS AGENDA WORK SESSION & REGULAR MEETING VIRTUAL MEETING
Wednesday, August 11, 2021
BOARD OF COMMISSIONERS: CONTACT: Mark Kujala, Dist. 1 – Chair 800 Exchange, Suite 410 Lianne Thompson, Dist. 5 – Vice Chair Astoria, OR 97103 John Toyooka, Dist. 2 Phone (503) 325-1000 Pamela Wev, Dist. 3 Fax (503) 325-8325 Courtney Bangs, Dist. 4 [email protected] www.co.clatsop.or.us
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Clatsop County Board of Commissioners host virtual meetings on GoToMeeting During the COVID-19 pandemic, the Board remains committed to broad community engagement and transparency of government. To provide an opportunity for public testimony while physical distancing guidelines are in effect, the Board will host virtual meetings on GoToMeeting.
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Those wishing to provide testimony on public hearings or provide oral communication at the designated time must register in advance by calling 503-325-1000 or email [email protected]. Once registered, you will be notified when it is your opportunity to speak for a two-minute presentation. The public may also submit comments to [email protected] which will be provided to the Board and submitted into the record .
WORK SESSION: 5:00 PM Work Sessions are an opportunity for Board members to discuss issues informally with staff and invited guests. The Board encourages members of the public to attend Work Sessions and listen to the discussion, but there is generally no opportunity for public comment. Members of the public wishing to address the Board are welcome to do so during the Board’s regularly scheduled meetings held twice monthly. Board Communication {5 min} Discuss Formal Agenda {5 min} TOPICS: 1. Comprehensive Plan Update – Draft Goal 5 Background Report and Policy Questions {20 min} {Page 3}
Page 1 2. Beach Access {15 min} {Page 29}
REGULAR MEETING: 6:00 PM The Board of Commissioners, as the Governing Body of Clatsop County, all County Service Districts for which this body so acts, and as the Clatsop County Local Contract Review Board, is now meeting in Regular Session. ROLL CALL AGENDA APPROVAL BUSINESS FROM THE PUBLIC – Individuals wishing to provide oral communication at the designated time must register in advance by calling 503-325-1000 or email [email protected] by 3 p.m. on the day of the meeting. CONSENT CALENDAR 3. Approve the 2021-22 Budget and Appropriation Adjustments 4. Westport Ferry Dredging & Log Vane Reconstruction – 2021 {Page 35} 5. Guardrail Installation – 2021 {Page 48} COMMISSIONER'S LIAISON REPORTS COUNTY MANAGER'S REPORT PUBLIC HEARING 6. Short-Term Rental Moratorium Ordinance 21-03 – 1st Public Hearing {Page 66} BUSINESS AGENDA 7. Consider an offer on County owned property {Page 76} GOOD OF THE ORDER ADJOURNMENT
As necessary Executive Session will be held in accordance with but not limited to: ORS 192.660 (2)(d) Labor Negotiations; ORS 192.660 (2)(e) Property Transactions: ORS 192.660 (2)(f) Records exempt from public inspection; ORS 192.660 (2)(h) Legal Counsel
Agenda packets also available online at www.co.clatsop.or.us
This meeting is accessible to persons with disabilities or wish to attend but do not have computer access or cell phone access. Please call 325-1000 if you require special accommodations at least 48 hours prior to the meeting in order to participate.
Page 2 Board of Commissioners Clatsop County
WORK SESSION AGENDA ITEM SUMMARY
August 11, 2021
Topic: Comprehensive Plan Update – Draft Goal 5 Background Report and Policy Questions Presented By: Gail Henrikson, Community Development Director
Informational OVERVIEW Summary: At its June 15, 2021, work session, the Board directed staff to move forward with the comprehensive plan update process utilizing Scenario #3. As the process restarts, staff is preparing a draft of Goal 5 for the joint Planning Commission / Countywide Citizen Advisory Committee meeting in October. While staff is still writing the historic context, current conditions and future conditions text of the first draft of Goal 5, the attached background report is intended to provide the Board with an overview of the topics covered by Goal 5 and the new policy recommendations that have been provided by the citizen advisory committee members. The “New Policy Recommendations” are provided so the Board is aware of the issues and concerns that have been raised by members of the citizen advisory committees and members of the public that participated in the committee meetings. The Board and public should note that policy recommendations that would conflict with state statutes or other laws have not been included in this initial draft. The Goal 5 background report and new policy recommendations are attached as Exhibit A.
In conjunction with the background report, staff has also prepared a policy questions memo for Goal 5. The intent of the memo is to highlight areas where future Board discussion and direction will be required. The Board’s guidance on these policy issues will assist staff in understanding parameters and scope, which can then be conveyed to the citizen advisory committee and planning commission members.
NEXT STEPS As staff continues to prepare draft goals for public, committee, planning commission, and Board review, those drafts, and any identified policy questions, will be forwarded to the Board. Staff will work with the County Manager to schedule work session dates when these issues can be discussed by the Board. Attachment List
Agenda Item #1. Page 3 A. Goal 5 Background Report and Policy Questions Memo
Agenda Item #1. Page 4 EXHIBIT A Goal 5 Background Report and Policy Questions Memo
Agenda Item #1. Page 5 Clatsop County
TO: Board of Clatsop County Commissioners
CC: Don Bohn, County Manager Joanna Lyons-Antley, County Counsel
FROM: Gail Henrikson, Community Development Director
DATE: July 29, 2021
RE: COMPREHENSIVE PLAN GOAL 5 – DRAFT 1 REWRITE
As staff continues to prepare a first draft of Goal 5 for the October joint Planning Commission / Countywide Citizen Advisory Committee review, questions have arisen that require direction from the Board. The Goal 5 background report and new policy recommendations memo is attached. These questions include:
ISSUE STAFF COMMENT FUTURE NEEDED BOARD DIRECTION 1. Statewide Planning Goal 5 • The benefit of a “safe • Does the Board wish to utilize the requires the county to harbor” approach is that it “safe harbor” approach, retain the inventory and determine can be applied objectively current inventory system, or significant riparian corridors and can be easily create a hybrid system? and wetlands and to include understood by the public. It regulations and standards in its would also apply protections implementing ordinances in to riparian corridors and order to protect those wetlands that may be inventoried resources. prominent, large or newly emergent, but which were There are two accepted not included in the original methods for complying with Goal 5 inventory. this requirement: • Adoption of the “safe • The county can adopt a harbor” approach is less “safe harbor” fine-grained than the methodology, which would specific identification and apply predetermined inventory approach buffers along all riparian currently used by the areas and wetlands as county. detailed in OAR 660-023- 0090(5). • The county can also inventory its riparian corridors and wetlands to determine which may be
For project information and updates, visit us on the web! www.co.clatsop.or.us/landuse/page/comprehensive-plan-update www.facebook.com/ClatsopCD Agenda Item #1. Page 6 Clatsop County
potentially significant. The county would then conduct an Economic, Social, Environmental and Energy (ESEE) evaluation for specific riparian corridors and wetlands to determine which should be included in the Goal 5 inventory. Protective regulations would then be drafted for those identified resources.
The County currently does not utilize the “safe harbor” approach. 2. The Southwest Coastal CAC has • Between 2014 and 2017, the • Does the Board wish to move repeatedly expressed a desire County’s Wetland Advisory forward with adoption of the for the county to adopt the Committee drafted Arch Cape Local Wetland Arch Cape Local Wetlands recommendations that were Inventory and associated “safe Inventory that was prepared in presented to the Board of harbor” regulations? 2011 and that was approved by Commissioners on March the Oregon Department of 22, 2017. One of the State Lands (DSL). recommendations to the Board was to adopt the Arch Cape Local Wetland Inventory and to develop regulations consistent with the “safe harbor” approach. The Board did not take any action on the recommendations from the advisory committee. • The inventory is 10 years old. Recent DSL-approved delineations for privately- owned parcels in this area have revealed discrepancies between the local wetland inventory and actual ground conditions. 3. Also included in the March 22, • The second • Does the Board wish to include 2017, Wetlands Advisory recommendation, to create any of the Wetland Advisory
For project information and updates, visit us on the web! www.co.clatsop.or.us/landuse/page/comprehensive-plan-update www.facebook.com/ClatsopCD Agenda Item #1. Page 7 Clatsop County
Committee recommendations an Enhanced Local Committee’s recommendations in were the following: Notification System, was Goal 5? • Develop a countywide partially addressed when transfer of development DSL published its Statewide rights program to Wetlands Inventory in 2020, encourage non-resource- which includes data on zone property owners to hydric soils. preserve wetlands by transferring/selling their development rights to another property owner whose land does not contain wetlands. • Implement an Enhanced Local Wetland Notification Program to determine when a notice of pending development would need to be sent to DSL. • Develop other processes and standards to encourage low impact development methods and for reducing setback standards in order to avoid wetlands.
For project information and updates, visit us on the web! www.co.clatsop.or.us/landuse/page/comprehensive-plan-update www.facebook.com/ClatsopCD Agenda Item #1. Page 8 800 Exchange St., Suite 100 Clatsop County Astoria, OR 97103 (503) 325-8611 phone Community Development – Planning (503) 338-3606 fax www.co.clatsop.or.us
TO: Board of Clatsop County Commissioners
FROM: Julia Decker, Planning Manager Ian Sisson, Senior Planner Gail Henrikson, Community Development Director
DATE: July 28, 2021
RE: GOAL 5 REWRITE – DRAFT 01: BACKGROUND AND NEW POLICY RECOMMENDATIONS
NOTE: Staff is still drafting the historic context, current conditions and future conditions text of the first draft of Goal 5. This memo is intended to provide the Board with an overview of the topics covered by Goal 5 and the new policy recommendations that have been provided by the citizen advisory committee members. The “New Policy Recommendations” are provided so the Board is aware of the issues and concerns that have been raised by members of the citizen advisory committees and members of the public that participated in the committee meetings. The Board and public should note that policy recommendations that would conflict with state statutes or other laws have not been included in this initial draft.
OVERVIEW Goal 5 is an extremely broad and complex goal. Almost all of the 15 required and recommended inventoried resources can be found within the county’s borders: Required Inventories • Riparian Corridors, including water and riparian areas and fish habitat • Wetlands • Wildlife Habitat • Federal Wild and Scenic Rivers • Groundwater Resources • Approved Oregon Recreation Trails • Natural Areas • Wilderness Areas • Mineral and Aggregate Resources • Energy Sources • Cultural Areas Recommended Inventories • Historic Resources • Open Space • Scenic Views and Sites
Agenda Item #1. Page 9 800 Exchange St., Suite 100 Clatsop County Astoria, OR 97103 (503) 325-8611 phone Community Development – Planning (503) 338-3606 fax www.co.clatsop.or.us
Goal 5 requires inventories be developed for each resource to help protect and plan for development and conflicting uses. Inventoried resources are assessed to identify significant sites that warrant formal protection.
Protection of these diverse resources requires a variety of approaches. The role of land use planning in this protection involves a threefold approach: • Collecting and maintaining data and other inventories of assets; • Coordinating with local, regional, state and federal programs; and • Administering local and state regulations that protect the sustainability and quality of the resources.
RIPARIAN CORRIDORS, INCLUDING WATER AND RIPARIAN AREAS AND FISH HABITAT Per OAR 660-023-0090, “riparian corridors” are defined as Goal 5 resources that include the water areas, fish habitat, adjacent riparian areas, and wetlands with the riparian area boundaries. “Riparian areas” are defined as the areas adjacent to a river, lake or stream, consisting of the area of transition from an aquatic ecosystem to a terrestrial ecosystem. As part of the current comprehensive plan update process, the County has contracted with the Columbia River Estuary Study Taskforce to update the report and develop criteria for identifying and inventorying riparian corridors, something that was not fully addressed in the original 1980s draft of Goal 5. A draft of this report is currently being reviewed by staff. The current comprehensive plan does not identify or include any riparian areas within the Goal 5 inventories. Neither does the current comprehensive plan contain any goals or policies related to riparian areas.
New Policy Recommendations • Continue to work with the Columbia River Estuary Study Taskforce (CREST) to identify riparian areas within Clatsop County. • Use the Goal 5 Administrative Rule to conduct an ESEE analysis to determine which riparian corridors should be included in the County’s Goal 5 resource inventory. • Work with property owners, elected and appointed officials to determine the level of regulation necessary to protect any riparian corridors identified as a Goal 5 resource. • Encourage the protection of riparian corridors, recognizing that they support fish and wildlife habitat and the health of the communities.
WETLANDS In 1983, Duncan Thomas prepared a report entitled Significant Shoreland and Wetland Habitats in the Clatsop Plains. This report identified 58 significant, primarily within the Clatsop Plains planning area. That initial report and list was further reviewed and subsequently the following nine sites were included as inventoried resources:
Agenda Item #1. Page 10 800 Exchange St., Suite 100 Clatsop County Astoria, OR 97103 (503) 325-8611 phone Community Development – Planning (503) 338-3606 fax www.co.clatsop.or.us
• Site 1 (CP 9): Along the Skipanon River, south of Warrenton and SE of Hwy 101 • Site 2 (CP 13): Taylor Lake, north of Cullaby Lake • Site 3 (CP 14): Cullaby Lake • Site 4 (CP 15): Between Cullaby Lake and Hwy 101 • Site 5 (CP 16): East of Hwy 101 from the south end of Dellmoor Loop Rd south to Palmberg Gravel Works • Site 6 (CP 18): Two small lakes and adjacent wetlands on Cullaby Creek, 4,000 feet south of Cullaby Lake • Site 7 (CP 19): North of the road to the Crown site, up to the Palmberg Gravel Co. east of Hwy 101 and the Seaside airport • Site 8: South of Seaside; south of the Millponds, east of Hwy 101 • Site 9 (EC 35): Driscoll Slough marshes, between Wauna Mill and Westport
As part of the current comprehensive plan update, the County has contracted with CREST to update this report. A draft of this updated document is currently under staff review. Wetlands in Oregon are under the jurisdiction of the Department of State Lands (DSL). Because Clatsop County has not adopted any separate regulations regarding damage to or mitigation of wetlands, these determinations default to state laws that are applied by DSL. During the citizen advisory committee discussions on both riparian corridors and wetlands, some committee members and members of the public raised concerns about many wetlands that were not required to have mandatory buffers and that property owners were able to destroy wetlands if they complied with DSL’s mitigation requirements. Additionally, members of the Southwest Coastal CAC have recommended that the County adopt regulations to protect all freshwater wetlands, develop mitigation requirements, adopt the 2011 Arch Cape Local Wetland Inventory, create and enforce local wetland buffer requirements, and require any application where proposed development would occur on a parcel with wetlands, even if the development did not impact the wetlands, to be noticed for a 10-day public comment period. Both riparian corridors and wetlands can be included as a Goal 5 resource using one of two methods: • Adopt a uniform “safe harbor” methodology, which would apply predetermined buffers along all riparian areas and wetlands as detailed in OAR 660-023-0090(5); or • Conduct an inventory of its riparian corridors and wetlands to determine which may be potentially significant. The county would then conduct an Economic, Social, Environmental and Energy (ESEE) evaluation for specific riparian corridors and wetlands to determine which should be included in the Goal 5 inventory. Protective regulations would then be drafted for those identified resources.
The County currently does not utilize the “safe harbor” approach.
Agenda Item #1. Page 11 800 Exchange St., Suite 100 Clatsop County Astoria, OR 97103 (503) 325-8611 phone Community Development – Planning (503) 338-3606 fax www.co.clatsop.or.us
New Policy Recommendations • Identify newly emergent wetlands. Utilize the Goal 5 Administrative Rule and ESEE process to determine which sites should be included in wetlands resource inventory or utilized for potential wetland mitigation. • Continue to work with the Columbia River Estuary Study Taskforce (CREST) to identify wetlands within Clatsop County. • Use the Goal 5 Administrative Rule to conduct an ESEE analysis to determine if any additional wetlands should be included in the County’s Goal 5 resource inventory. • Work with property owners, elected and appointed officials to determine the level of regulation necessary to protect any wetlands identified as a Goal 5 resource. • Encourage the protection of freshwater wetlands, recognizing that they support fish and wildlife habitat and the health of the communities. • Develop educational materials to inform property owners about the importance of wetlands and to encourage maintenance and preservation of wetlands wherever possible. • Develop a notification system to advise sellers and buyers of the possibility of wetlands when properties are transferred. • Digitize wetland delineations approved by the Oregon Department of State Land in order to reflect ground-truthed conditions on WebMaps. • The County shall work with DSL to refine procedures and policies to facilitate development on properties in Clatsop County that contain potential wetlands. • Devise a mechanism to be able to relocate zoning lines based on ground-truthed evidence, such as delineations.
WILDLIFE HABITAT Clatsop County is historically an area of rich, abundant rivers and forests. Fish and wildlife are among the county’s major attributes. Two state agencies’ missions include monitoring and protection of fish and wildlife areas and habitats: • The Oregon Department of Forestry (ODF) administers the Forest Practices Act (FPA), which sets standards for all commercial activities involving the establishment, management, or harvesting of trees on Oregon’s forestlands. Key elements of the act are aimed at protection of water resources. Regulations require landowners to leave forested buffers and other vegetation along streams, wetlands, and lakes to protect water quality and fish and wildlife habitat. Timber harvesting, road building, and chemical use are restricted near streams, rivers, lakes, and wetlands. Wildlife protections, including timing of operation, leaving nesting habitat for birds, bats and other mammals, and modifying harvest activities to protect sensitive areas used by species identified as sensitive, threatened, or endangered. • More substantially, the Oregon Department of Fish and Wildlife (ODFW) is covered in Chapter 635 of the Oregon Administrative Rules. Divisions under Chapter 635 are vast in scope and address topics that range from tax incentives, fishing seasons,
Agenda Item #1. Page 12 800 Exchange St., Suite 100 Clatsop County Astoria, OR 97103 (503) 325-8611 phone Community Development – Planning (503) 338-3606 fax www.co.clatsop.or.us
hatchery management, harvest licensing and seasons, to enhancement programs, wildlife rehabilitation, conservation programs and wildlife management programs.
Per OAR 660-023-0110, “wildlife habitat” is defined as an area upon which wildlife depend in order to meet their requirements for food, water, shelter, and reproduction. Examples include wildlife migration corridors, big game winter range, and nesting and roosting sites. The county is also required to obtain current habitat inventory information from ODFW for the following: • Threatened, endangered, and sensitive wildlife species habitat information; • Sensitive bird site inventories; and • Wildlife species of concern and/or habitats of concern identified and mapped by ODFW
The County is required to develop programs to protect wildlife habitat following the standard procedures and requirements of OAR 660-023-0040 and 660-023-0050 and to coordinate with appropriate state and federal agencies when adopting programs intended to protect threatened, endangered, or sensitive species habitat areas.
The current comprehensive plan lists the following fish and wildlife types as Goal 5 inventoried resources: • Major Big Game Range: That portion of the county which supports the majority of big game. In general, these lands are sparsely developed forest lands. • Peripheral Big Game Range: Foothill areas of the county, generally located between commercial forest lands and productive agricultural lands. • Excluded Big Game Range: Developed areas that are only occasionally used by big game. • Upland Game Birds (grouse, mountain quail, band-tailed pigeons): Generally corresponds with Major & Peripheral Big Game Range and includes riparian areas and mineral springs and other watering areas. See also: Sensitive Bird Habitat Overlay District (SBHO). • Waterfowl: Estuarine and coastal shoreland areas; water areas; riparian areas. • Furbearers and Hunted Non-Game Wildlife (aquatic species – beaver, muskrat, mink; terrestrial species – skunk, bobcat, coyote): Aquatic furbearers: estuarine and coastal shoreland habitat; riparian areas; Terrestrial furbearers: areas considered Major and Peripheral Big Game Range. • None-game Wildlife (eagles, hawks, osprey, herons): Refer to SBHO and map. • Snowy Plover: Sparsely vegetated, active dune areas just inland from the high tide line; beach from Necanicum River north to Columbia River. See also: SBHO. • Fish Habitat: All rivers and streams with a perennial flow; non-coastal shoreland lakes (including Big Creek Pond, Fishhawk Lake, Lost Lake 1, Lost Lake 2, Spruce
Agenda Item #1. Page 13 800 Exchange St., Suite 100 Clatsop County Astoria, OR 97103 (503) 325-8611 phone Community Development – Planning (503) 338-3606 fax www.co.clatsop.or.us
Run Lake, Riverside Lake, Quartz Lake, Soapstone Lake, Carnahan Lake, and Cullaby Lake); riparian areas along rivers, streams, and lakes.
New policy recommendations: • Add language to Goal 5 that would allow projects for restoration and enhancement of fish and wildlife habitat to be added as permitted and conditional uses in all zones. • Revise stream and riparian setback language to align with the Oregon Forest Practice Act (FPA) as defined in OAR 629-635-0310 • Require cluster developments to provide more open space. Identify and protect wildlife migration corridors that are usable and provide forage and water. • Coordinate the culling of elk with the Chinook Indian Nation. • Coordinate with other signing jurisdictions and agencies to implement the requirements of the Declaration of Cooperation regarding the Oregon Solutions Clatsop Plains Elk Project.
FEDERAL WILD AND SCENIC RIVERS Local governments are required to amend acknowledged comprehensive plans and land use regulations to address any federal Wild and Scenic River (WSR) and associated corridor established by the federal government that is not addressed by the acknowledged plan. While WSRs are required to be designated as significant Goal 5 resources, they are not subject to the full Goal 5 inventory process, economic-social-environmental-energy consequences analysis (ESEE), or development of implementing ordinances.
There currently are no designated or pending WSRs within Clatsop County.
New policy recommendation: • If any federal Wild and Scenic Rivers are designated within Clatsop County, the designated area(s) shall be added to the Comprehensive Plan Goal 5 resource inventory; and corresponding land use policies shall be added to the Land and Water Development and Use Code as appropriate.
OREGON SCENIC WATERWAYS Local governments are required to amend acknowledged comprehensive plans and land use regulations to address any Oregon Scenic Waterway (OSW) and associated corridor that is not addressed by the acknowledged plan. As with federal WSRs, State Scenic Waterways are required to be designated as significant Goal 5 resources but are not subject to the full Goal 5 inventory process, ESEE analysis, or development of implementing ordinances.
Clatsop County’s Oregon Scenic Waterways
Agenda Item #1. Page 14 800 Exchange St., Suite 100 Clatsop County Astoria, OR 97103 (503) 325-8611 phone Community Development – Planning (503) 338-3606 fax www.co.clatsop.or.us
• A 17.5-mile section of the Nehalem River was designated as an Oregon Scenic Waterway in June 2019. Approximately ¼ of this section is located in Clatsop County while the rest is in Tillamook County. The Oregon Parks and Recreation Department (OPRD) is currently working with a Rules Advisory Committee to finalize river-specific rules for the designated section.
New Policy Recommendations: • The OSW-designated section of the Nehalem River shall be included in the Comprehensive Plan Goal 5 resource inventory and corresponding land use policies shall be added to the Land and Water Development and Use Code as appropriate. • If any Oregon Scenic Waterways are designated within Clatsop County, the designated area(s) shall be added to the Comprehensive Plan Goal 5 resource inventory; and corresponding land use policies shall be added to the Land and Water Development and Use Code as appropriate.
GROUNDWATER RESOURCES OAR 660-023-0140 defines “Groundwater” as “any water, except capillary moisture, beneath the land surface or beneath the bed of any stream, lake, reservoir, or other body of surface water.”
While Statewide Planning Goal 5 specifically calls out groundwater resources as a required inventory, policies related to or affecting groundwater resources are found in several goals throughout the comprehensive plan, as well as in the individual community plans for each planning area. In addition to the inventoried wetlands and fish and wildlife habitats included in Goal 5, the following watersheds are also listed as inventoried groundwater resources: • Plympton Creek / West Creek • Hunt Creek • Blind Slough / Grizzly Slough • Big Creek / Little Creek / Fertile Valley Creek • Mary’s Creek / Bear Creek / Ferris Creek • John Day River • Youngs River / Klaskanine River / Walluski River • Lewis and Clark River • Neawanna Creek / Thompson Creek • Canyon Creek • Necanicum River • Nehalem River • Elk Creek • Arch Cape Creek / Asbury Creek / Shark Creek / Fall Creek / Red Rock Creek • Clatsop Plains (Skipanon River and Neacoxie Creek)
Agenda Item #1. Page 15 800 Exchange St., Suite 100 Clatsop County Astoria, OR 97103 (503) 325-8611 phone Community Development – Planning (503) 338-3606 fax www.co.clatsop.or.us
Watersheds can consist of many streams, creeks, and rivers; for example, Moosmoos Creek is in the Youngs River watershed, while Moosmoos Creek itself has its own watershed made up of unnamed rivulets and streams. Each district has water rights to access either all or a portion of these watersheds. Some jurisdictions even have exclusive rights to an entire watershed; for instance, the City of Astoria has exclusive rights to the Bear Creek Watershed, which is a part of the larger Columbia River Watershed. In order to manage and protect the Bear Creek Watershed, the access to the land and creek is regulated strictly by the City.
At the suggestion of the Citizen Advisory Committees, Clatsop County is working on providing a layer on the GIS WebMaps tool showing drinking water district boundaries. Below is a list of permitted water systems in Clatsop County. There are several types of water districts, both public and private, that take water from these sources: • Surface water is provided directly from runoff in rivers and creeks. There is a higher potential for surface water to come in contact with pollutants than naturally-filtered ground water. It is generally used by public or larger private/community water districts who have the ability to process and treat the water to meet water quality standards. These districts include the Arch Cape Water District, the Youngs River/Lewis and Clark Water District, and the City of Astoria Water District. • Ground water is supplied from aquifers and wells. In Clatsop County, it is generally smaller districts and individual landowners who provide this type of water access. These districts include the Wauna Water District, the Sunset Lake RV Park, and the Knappa Water Association, to name a few.
During the citizen advisory committee meetings on ground water resources, many committee members addressed the issue of groundwater and surface water pollution and the cumulative impacts of existing and new development. Another common concern raised during these meetings related to the impacts of wildfire and climate change on groundwater resources and aquifer recharge areas. The Clatsop Plains CAC also noted the need to protect both the quantity and the quality of the Clatsop Plains Aquifer.
Many of those same concerns were reiterated during the development of the 2020 Strategic Plan. Members of the Environmental Quality Focus Area Group prepared several recommendations related to water quantity and quality that the county will be implementing beginning in Fiscal Year 2021/22.
New Policy Recommendations
Agenda Item #1. Page 16 800 Exchange St., Suite 100 Clatsop County Astoria, OR 97103 (503) 325-8611 phone Community Development – Planning (503) 338-3606 fax www.co.clatsop.or.us
• In partnership with private landowners and state and federal agencies, Clatsop County will monitor impacts to groundwater resources caused by climate change, and will develop strategies to mitigate those impacts. • The County shall establish an education and outreach program to raise awareness of the value and fragility of groundwater resources and the role of the Clatsop Plains aquifer in water regeneration, supply and quality. • In partnership with private landowners and state and federal agencies, continue to monitor impacts to groundwater resources caused by climate change, and will develop strategies to mitigate those impacts. • In partnership with private landowners and state and federal agencies, monitor the cumulative impacts of pollution on groundwater and surface water. Ensure that inappropriate development (EX: home occupation automobile repair) is directed to appropriate commercial and industrial districts. • The County shall ask the State Water Resources Department to study the watershed area of the Nehalem River. Upon completion of the study, the County will cooperate with the State to review the findings. • Encourage the use of bioswales and open space to reduce or mitigate impacts from heat islands and road run-off. • Encourage appropriate state agencies to monitor impacts on drinking water from windblown pollution and toxins from outside Clatsop County. • Provide letters of support or other assistance to watershed councils that are applying for grants to update water assessment documents. • Coordinate with state and federal agencies to monitor impacts from potential sea level change, including the potential for salt water intrusion into coastal aquifers. • Encourage new construction be fitted with water saving devices or new construction has to have water tanks and/or rainwater catchment systems. • Encourage the use of native vegetation and landscaping that reduces the need to use chemical fertilizers and irrigation. Encourage the use of reclaimed gray water for irrigation purposes.
OREGON RECREATION TRAILS Oregon Recreation Trails are designated by rule adopted by the Oregon Parks and Recreation Commission (OPRC). Oregon Recreation Trails are designated by OPRC in cooperation with local governments and private land owners. As with scenic waterways, Oregon Recreation Trails are required to be designated as significant Goal 5 resources but are not subject to the full Goal 5 inventory process, ESEE analysis, or development of implementing ordinances. Oregon Recreation Trails in Clatsop County include the Saddle Mountain Trail and the Oregon Coast Trail.
New policy recommendations:
Agenda Item #1. Page 17 800 Exchange St., Suite 100 Clatsop County Astoria, OR 97103 (503) 325-8611 phone Community Development – Planning (503) 338-3606 fax www.co.clatsop.or.us
• The Oregon Coast Trail and Saddle Mountain Trail shall be added to the Comprehensive Plan Goal 5 resource inventory and corresponding land use policies shall be added to the Land and Water Development and Use Code as appropriate. • If any Oregon Recreation Trails are designated within Clatsop County, the designated trail(s) shall be added to the Comprehensive Plan Goal 5 resource inventory; and corresponding land use policies shall be added to the Land and Water Development and Use Code as appropriate. • Clatsop County shall cooperate with public and private property owners and the Oregon Parks and Recreation Commission to support the designation of new Oregon Recreation Trails in Clatsop County.
NATURAL AREAS The Oregon Natural Areas Program was established by the 1979 Legislature in the Natural Heritage Act (ORS 273.561-.591 [SB 448]), to help protect natural areas in Oregon. The law was based on a tradition of natural area inventory and conservation. Updated, expanded and revised numerous times, more recent review of the now “Oregon Natural Heritage Act and Natural Heritage Program” affirmed that natural areas continue to provide important places for public education and baseline research and that it remains important for Oregon to maintain a natural areas program.
For Goal 5 purposes, “natural areas” are those sites that are listed in the Oregon State Register of Natural Heritage Resources. At the time of adoption of Goal 5 in 1979/1980, several Clatsop County sites were to be added to the Oregon Islands Wilderness. The new sites are mentioned, but not shown as listed in the goal. Also, other sites may have been included in the interim. The comprehensive plan update will verify that all the sites in the federal listing are included in the County’s Goal 5 list of resources. Sites currently listed in the Oregon State Register of Natural Heritage Resources include: • Blind Slough Swamp Preserve • Knappa Slough Island • Saddle Mountain • Humbug Mountain
The county is home to a large number of natural areas that might be appropriate for future listing on the Natural Heritage Resource Register. It is important to note that listing is voluntary and areas can be delisted at the owner’s request. An example of potential candidate sites is Onion Peak, which is already included among the eight sites in Oregon listed as a Dedicated Natural Heritage Conservation Area.
New policy recommendations:
Agenda Item #1. Page 18 800 Exchange St., Suite 100 Clatsop County Astoria, OR 97103 (503) 325-8611 phone Community Development – Planning (503) 338-3606 fax www.co.clatsop.or.us
• Require subdivisions to be clustered countywide in order to provide increased open space, preserve views and protect wildlife habitat to the maximum extent possible. • Encourage the development of a voluntary open space acquisition program and identify potential on-going funding sources. NOTE: the recommended program would be voluntary/opportunistic, not a use of eminent domain. • Street vacations shall be based on facts and evidence to establish that the right-of- way at issue no longer has any public benefit or public use potential. Improve public involvement during proposed vacations to consider alternative public uses other than vehicular circulation (e.g. emergency evacuation routes, greenbelts, trails, etc.). • Add Oregon Natural Heritage Program sites in the Northeast planning area that are listed (Blind Slough Swamp Preserve and Knappa Slough Island) that are not included in the comprehensive plan inventory as required by OAR 660-023-0160. • Continue to identify other sites for possible voluntary listing as a Goal 5 inventoried natural area resource. • Identify natural areas not previously addressed in periodic reviews and inventory significant areas for future consideration as areas listed in the Oregon State Register of Natural Heritage Resources should the property owners wish to participate. • Consider developing a voluntary acquisition program to acquire lands around drinking water sources/supplies. • Devise a mechanism to be able to relocate zoning lines based on ground-truthed evidence, such as delineations.
WILDERNESS AREAS Wilderness areas are designated by the federal government, under the National Wilderness Preservation System, signed into law by President Lyndon Johnson in 1964. Oregon was among the first states to gain wilderness area under the act.
In Clatsop County, one Wilderness Area is designated: The Oregon Islands Wilderness, managed by the US Fish and Wildlife Service, which runs the length of the Oregon Coast. In Clatsop County, this includes: • Tillamook Head Rocks • Bird Rocks • Sea Lion Rocks • Haystack Rock • and Castle Rock Unnamed Rocks located in T5N, R10W, Section 12, Jockey Cap, Tim Rock and Gull Rock were to be added at the time the Comprehensive Plan was being adopted.
Local governments are not required to inventory wilderness areas, but they are required to list all federally designated wilderness areas as significant Goal 5 resources.
Agenda Item #1. Page 19 800 Exchange St., Suite 100 Clatsop County Astoria, OR 97103 (503) 325-8611 phone Community Development – Planning (503) 338-3606 fax www.co.clatsop.or.us
New Policy Recommendations • Require subdivisions to be clustered countywide in order to provide increased open space, preserve views and protect wildlife habitat to the maximum extent possible. • Encourage the development of a voluntary open space acquisition program and identify potential on-going funding sources. NOTE: the recommended program would be voluntary/opportunistic, not a use of eminent domain. • Verify that all Clatsop County sites in the Oregon Islands Wilderness Area are listed as Goal 5 resources in Clatsop County’s Comprehensive Plan as required by OAR 660-023-0160. • Street vacations shall be based on facts and evidence to establish that the right-of- way at issue no longer has any public benefit or public use potential. Improve public involvement during proposed vacations to consider alternative public uses other than vehicular circulation (e.g. emergency evacuation routes, greenbelts, trails, etc.). • Continue to identify other sites for possible voluntary listing as a Goal 5 inventoried natural area resource. • Consider developing a voluntary acquisition program to acquire lands around drinking water sources/supplies.
MINERAL AND AGGREGATE RESOURCES Clatsop County is home to significant natural resources. When asked to identify those resources, most people cite the county’s forests, the Pacific Ocean, and the Columbia River, as well as all the streams, wetlands and wildlife habitat. In fact, besides the forestlands, beaches and estuaries, riparian corridors, and historic and wildland areas that we all think of first, Clatsop County currently is home to 13 active mines and quarries that also are Goal 5 resources. This is in addition to five active county rock pits, but does not include an unknown number of rock pits on forest lands used for roads covered by the Forest Practices Act. These quarries and mines produce aggregate, crushed rock, basalt and sand, materials that are used extensively in road building, road maintenance, and other construction activities.
As originally drafted and approved in 1980, Goal 5 is 626 pages in length. Despite the diversity of resources, the majority of Goal 5 is dedicated to mineral and aggregate resources. This would appear to be indicative of the economic importance of mining activities at the time this goal was written. However, much of the material related to mineral and aggregate resources includes copies of staff reports and ordinances that rezoning specific parcels for mining uses. The inventoried Goal 5 mineral and aggregate resources include: • Clatsop County – Clifton • Clatsop County – Big Creek • Howard Johnson – US 101 • Bayview Transit Mix – US 101
Agenda Item #1. Page 20 800 Exchange St., Suite 100 Clatsop County Astoria, OR 97103 (503) 325-8611 phone Community Development – Planning (503) 338-3606 fax www.co.clatsop.or.us
• George Ordway • Teevin Bros. Logging • Daren Berg, Humbug Rock • M. Nygaard Logging • A. Riekkola • Tagg • Horecny
OAR 660-016-0030 states that when planning for and regulating the development of aggregate resources, local governments are required to complete the following three items: 1. Address the requirements of ORS 517.750 to 517.900 and OAR chapter 632, divisions 1 and 30. 2. Coordinate with the State Department of Geology and Mineral Industries (DOGAMI) to ensure that requirements for the reclamation of surface mines are incorporated into programs to achieve the Goal developed in accordance with OAR 660-016- 0010. 3. Establish procedures designed to ensure that comprehensive plan provisions, land use regulations, and land use permits necessary to authorize mineral and aggregate development are coordinated with DOGAMI.
When this rule was instituted, the county had until January 1, 1993, to update its comprehensive plan and land use regulations to address these three items. Those items have been included in the acknowledged comprehensive plan and implementing ordinances.
New Policy Recommendations • Update active/Inactive quarry/mining overlay map, which is inaccurate. Many current sites are not shown. • Revise zoning of quarry sites that are in other than Quarry/Mining Zone to match the actual uses. • Quarry/Mining Zone and Overlay needs to be accurately applied to all sites, as the zone and overlay are intended to protect the resource from conflicting uses developing next to them.
ENERGY SOURCES OAR 660-023-0190 defines an “energy source” as including naturally occurring locations, accumulations, or deposits of one or more of the following resources used for the generation of energy: • Natural gas • Surface water (i.e., dam sites) • Geothermal
Agenda Item #1. Page 21 800 Exchange St., Suite 100 Clatsop County Astoria, OR 97103 (503) 325-8611 phone Community Development – Planning (503) 338-3606 fax www.co.clatsop.or.us
• Solar • Wind
Statewide Planning Goal 5 contains three guidelines for the identification and protection of energy sources: A. Planning Guideline 3: Natural resources and required sites for the generation of energy (i.e. natural gas, oil, coal, hydro, geothermal, uranium, solar and others) should be conserved and protected; reservoir sites should be identified and protected against irreversible loss. B. Implementation Guideline 2: The conservation of both renewable and non-renewable natural resources and physical limitations of the land should be used as the basis for determining the quantity, quality, location, rate and type of growth in the planning area. Guideline 3: The efficient consumption of energy should be considered when utilizing natural resources.
OAR 660-023-0190 provides additional regulations and guidance to identify and protect energy resources. As defined in OAR 660-023-0190, energy sources applied for or approved through the Oregon Energy Facility Siting Council (EFSC) or the Federal Energy Regulatory Commission (FERC) shall be deemed significant energy sources for purposes of Goal 5.
Per information on the Oregon Department of Energy website, there are no EFSC or FERC facilities within Clatsop County at this time.
The current comprehensive plan defers all discussion of energy sources to Goal 13.
New Policy Recommendations • Encourage the private use of energy-generating technologies such as solar panels, wind energy, geothermal heat pumps, and other developing energy sources in order to reduce transmission costs and pollution generated by the consumption of regionally-produced and -oriented energy sources. • When new water supply systems are installed, the County shall encourage the use of in-watermain-hydro technology, such as that currently used by the City of Astoria. • Encourage the use of upper/lower reservoirs and pump stations to generate electricity (pumped storage sites).
Agenda Item #1. Page 22 800 Exchange St., Suite 100 Clatsop County Astoria, OR 97103 (503) 325-8611 phone Community Development – Planning (503) 338-3606 fax www.co.clatsop.or.us
• Coordinate with Camp Rilea personnel and appropriate agencies to encourage the installation and use of solar panels to generate electricity. • Identify possible sites within the Clatsop Plains and Lewis and Clark Olney Wallooskee planning areas that could be candidates for wind generation facilities. • Review and monitor developments in ocean thermal energy conversion to determine and evaluate impacts to and benefits for Clatsop County. • Encourage the use of energy-generating technologies such as solar panels, wind energy, geothermal heat pumps, and other developing energy sources in order to reduce transmission costs and pollution generated by the consumption of regionally-produced and -oriented energy sources. • The county recognizes that there are limited agricultural lands within the county, but there is also a need to balance that limitation with the need for renewable, sustainable energy sources. To achieve that balance, the county shall encourage the use of small-scale solar installations (5 acres or less) that integrate grazing or other agricultural practices with the solar installation. • Cooperate with state and/or federal agencies in exploring potential sites and reviewing development proposals. Ensure environmental impacts are minimized. • Review existing studies and regulations in order to address the pros and cons of using small in-stream hydropower generation. • Coordinate with the Oregon Department of Energy (ODOE) conduct a study to identify potential wind generation sites and reassess current sites.
CULTURAL AREAS The State Historic Preservation Office (SHPO) houses a statewide GIS database of more than 30,000 known archaeological sites in Oregon. According to SHPO, 90 of these known archaeological sites are located within Clatsop County. In order to discourage looting or vandalism, the locations of these sites are not published.
Discussions during the citizen advisory committee meetings emphasized the need to more fully acknowledge the first peoples that populated Clatsop County and the subsequent ethnic and racial minority groups, such as Chinese immigrants.
New Policy Recommendations • Seek to work cooperatively countywide with state agencies, cities, the Clatsop County Historical Society, the Chinook Nation, the Clatsop Nehalem Confederated tribes to recognize and protect cultural and historic sites. • Review land use activities that will affect known archaeological sites. If it is determined that a land use activity may affect the integrity of an archeological site, the County shall consult with the Chinook Indian Nation or other appropriate tribal agencies and the State Historic Preservation Office on appropriate measures to preserve or protect the site and its contents.
Agenda Item #1. Page 23 800 Exchange St., Suite 100 Clatsop County Astoria, OR 97103 (503) 325-8611 phone Community Development – Planning (503) 338-3606 fax www.co.clatsop.or.us
HISTORIC RESOURCES While historic resources, which are often closely related to cultural areas, are not a required inventory under Goal 5, Clatsop County choose to conduct an inventory when the comprehensive plan was originally adopted. Clatsop County has a long and diverse history and the current inventory includes the following sites:
• Fort Clatsop National Monument • Cannon at Cannon Beach • Tillamook Rock Lighthouse • Ecola State Park • Lindgren House • R. W. Morrison Houses (aka Tagg Place) • Clatsop Plains Memorial Church • Clatsop Plains Cemetery • The Mill Site of the Falls Pulp Company • The Shepherd and Morse Sawmill Site • Westport Log Tunnel
The citizen advisory committees identified a need to work more closely with the Chinook Indian Nation when identifying and protecting known historic resources. On June 23, 2021, the Board of Clatsop County Commissioners approved a resolution in support of tribal recognition for the Chinook Indian Nation. The citizen advisory committees also recognized the need to update terminology to reflect the diversity of native persons (i.e., change the term “Indian” to “Native American”. Representatives from the Chinook Indian Nation also identified areas within Goal 5 where references to and information about traditional activities of native persons could be incorporated.
The citizen advisory committees also encouraged the County to obtain public input and explore the possibility of becoming a Certified Local Government (CLG). Becoming a CLG would require the County to adopt a local historic preservation ordinance and create a historic preservation committee. However, local input would determine the extent of the regulations included in the ordinance, as there is not a “one-size-fits-all” guide to local preservation activities. Additionally, becoming a CLG would open up funding opportunities for the County with regard to historic preservation activities, including educational programs and restoration projects.
New Policy Recommendations • Seek to work cooperatively countywide with state agencies, cities, the Clatsop County Historical Society, the Chinook Nation, and the Clatsop Nehalem Confederated tribes to recognize and protect cultural and historic sites.
Agenda Item #1. Page 24 800 Exchange St., Suite 100 Clatsop County Astoria, OR 97103 (503) 325-8611 phone Community Development – Planning (503) 338-3606 fax www.co.clatsop.or.us
• Identify ways to incorporate more input and cultural and historical knowledge from the Chinook Indian Nation (include all nations). Such methods may include revising the Planning Commission bylaws to include a member of the Chinook Indian Nation on the Commission and including the Chinook Indian Nation on all public notices. • Identify and map historic rural places and buildings in order to preserve that knowledge for future generations. • Study opportunities for designing rural architectural routes, including information about structures that may no longer physically exist. • Encourage adaptive reuse of old buildings and encourage preservation of historic buildings. • Work with local historic preservation organizations, property owners and the State Historic Preservation Office to evaluate the historical significance of sites and buildings. The Goal 5 Administrative Rule ESEE process will also be applied at that time. Take appropriate action to protect any sites that are placed on the State of Oregon inventory of historic sites and buildings. • Conduct ESEE analyses for the following sites to determine whether these sites should be included in the Goal 5 inventory: o Bradwood and Clifton, particularly the Clifton net shed o Svensen Cemetery o Arch Cape Tunnel o Wagon Trail in Arch Cape o Hug Point and surrounding geological sites o Hamlet School o Hamlet Cemetery o All sites on the National Register of Historic Places o Sites on the State Historic Sites inventory o State-identified archaeological sites o Historic cemeteries • Explore whether there is public support for the County becoming a certified local government within two years of adoption of this plan. • Develop a public education and outreach program to inform property owners about how to properly deal with found artifacts.
OPEN SPACE Under Goal 5, “open space” includes parks, forests, wildlife preserves, nature reservations or sanctuaries, and public or private golf courses. Local governments are encouraged, but not required to identify open space resources in acknowledged comprehensive plans. If local governments decide to establish or amend open space inventories, the Goal 5 inventory process outlined in OAR 660-023-0030 through 660-023-0050 applies. Local governments may also adopt a list of significant open space resource sites as part of an
Agenda Item #1. Page 25 800 Exchange St., Suite 100 Clatsop County Astoria, OR 97103 (503) 325-8611 phone Community Development – Planning (503) 338-3606 fax www.co.clatsop.or.us
open space acquisition program. Such sites do not require the full Goal 5 inventory process unless land use regulations are adopted to protect sites prior to acquisition.
Open space is inclusive of land used for agriculture or forest uses and any land area that would, if preserved and continued in its present use: a) Conserve and enhance natural or scenic resources; b) Protect air or streams or water supply; c) Promote conservation of soils, wetlands, beaches or tidal marshes; d) Conserve landscaped areas such as public or private golf courses, that reduce air pollution and enhance the value of abutting or neighboring property; e) Enhance the value to the public or abutting or neighboring parks, forests, wildlife preserves, nature reservations or sanctuaries or other open space; f) Promote orderly urban development.
The following three categories of open space resources have been identified within Clatsop County, along with potentially-conflicting uses and methods for protection from conflicting uses: • General Open Space (farm and forest land, estuarine areas, the Pacific Ocean and beaches): o Conflicting uses: intensive rural residential, commercial, and industrial development; filling and draining estuarine areas. o Protections: Farm and forest zones with large minimum lot sizes and limited land uses; locational criteria for residential, commercial and industrial uses; natural and conservation zoning for estuarine areas; the ocean and beaches are regulated by the State of Oregon. • Site-Specific Resources (parks, wildlife refuges, natural areas, specific scenic sites, and fresh water wetlands) o Conflicting uses and protections: The Open Space element refers to other elements of Goal 5 and Goal 8 which specifically address these resources. • Open Spaces Provided in Conjunction with a Specific Development o Conflicting uses: development, generally. o Protections: policies that encourage cluster development and the retention of open space in residential developments; subdivisions in the Clatsop Plains sub-area are required to have clustered lots in order to maintain open space values.
New policy recommendations: • All subdivisions in Clatsop County shall be configured as cluster developments. • Apply lot coverage limitations countywide. • Develop and implement and open space acquisition program for the purposes of protecting Clatsop County’s Goal 5 resources such as open space, wetlands, historic
Agenda Item #1. Page 26 800 Exchange St., Suite 100 Clatsop County Astoria, OR 97103 (503) 325-8611 phone Community Development – Planning (503) 338-3606 fax www.co.clatsop.or.us
sites, and outstanding scenic sites; and for hazard mitigation functions such as flood storage or protection of landslide-prone areas. Identify potential short and long- term funding sources. Acquisitions as part of this program would be opportunistic, as properties become available, rather than a use of eminent domain. • Develop and implement a program to encourage and facilitate private property owners to create conservation easements or other related instruments for the purposes of protecting Clatsop County’s open space values. • Develop and implement a program to encourage and facilitate private property owners to eradicate noxious and/or invasive plant species. • Develop and implement a program to encourage best management practices to reduce wildfire risk.
SCENIC VIEWS AND SITES In the context of this section “scenic views and sites” are broadly defined as lands that are valued for their aesthetic appearance. Local governments are not required to amend acknowledged comprehensive plans in order to identify scenic views and sites; however, if local governments decide to provide or amend inventories of scenic resources, the requirements of OAR 660-023-0030 through 660-023-0050 apply (Goal 5 inventory process; ESEE analysis; development of implementing ordinances). The Clatsop Comprehensive Plan currently includes an inventory of 12 scenic views and sites: 1. Box Canyon 2. Knappa Gorge at Big Creek 3. Gnat Creek Falls 4. Plympton Creek Falls 5. Fall Creek Falls 6. Youngs River Falls 7. Nehalem River from Cronin to Gorge Creek 8. Lewis and Clark Road above Thompson Falls 9. U.S. Highway 101 Scenic Corridor, Cannon Beach Junction to Silver Point 10. Westport - Scenic Conservancy, Highway Corridor 11. Highway 53 Scenic Conservancy, Highway Corridor 12. North Fork Nehalem River - Scenic Conservancy, River Corridor
The Comprehensive Plan Citizen Advisory Committees have suggested the following additions to the Goal 5 inventory of scenic views and sites: 1. Clatsop Plains 2. Lee Wooden / Fishhawk Falls County Park 3. Jewell Meadows 4. Nehalem / Red Bluff Park 5. Elsie Cemetery
Agenda Item #1. Page 27 800 Exchange St., Suite 100 Clatsop County Astoria, OR 97103 (503) 325-8611 phone Community Development – Planning (503) 338-3606 fax www.co.clatsop.or.us
6. Twilight Eagle Sanctuary 7. Svensen Island 8. Bradley Hill 9. Knappa Docks 10. Remainder of U.S. Highway 101 corridor within Clatsop County
New policy recommendations: • Apply the AC-RCR Zone vegetation preservation standards countywide. • Protection of Goal 5 scenic views and sites shall include best management practices to reduce wildfire risk. • Review of energy production facilities, including but not limited to wind or off-shore production, shall include an evaluation of potential impacts to Goal 5 scenic views and sites. • Encourage private property owners to enter into conservation easements. Facilitate opportunities for property owners to voluntarily enter into conservation easements (or other instruments). • Conduct an Economic, Social, Environmental, Energy (ESEE) evaluation for the following sites to determine if those areas should be included as inventoried scenic view and site resources: o Clatsop Plains planning area, or portions thereof o Fishhawk/Lee Wood Park Falls o Jewell Meadows o Red Bluff Park o Eagle Sanctuary o Svensen Island o Bradley Hill o Knappa Docks o Fort-to-Sea Trail o Highway 101 to the south County border
Agenda Item #1. Page 28 Board of Commissioners Clatsop County
WORK SESSION AGENDA ITEM SUMMARY
August 11, 2021
Topic: Beach Access Presented By: Ted McLean, Public Works Director
Informational Recently there have been several requests for beach access Summary: improvements in the Arch Cape and Cove Beach areas. These requests originate from citizens concerned with the safety/accessibility/signage of the public access points and from emergency first responders concerned about access for ocean/beach rescues. It is well accepted that under Oregon’s Beach Law, the ocean shore is open to the public. The beds of most lakes, waters and lands within estuaries subject to tidal flooding are also open to public use. Goal 17 requires state agencies and local governments to identify, maintain and when possible, increase public access to these areas. Existing access to or along coastal waters must be retained or replaced if they are sold exchanged or transferred. Rights-of-way may be vacated to permit redevelopment if public access across the affected site is retained. To “maintain” access generally refers to “legal” access. The County, in partnership with the state and local emergency responders is committed to physically maintain and improve access points designated for emergency response. Goal 17(C) states the following: OPEN SPACE, NATURAL AREAS AND AESTHETIC RESOURCES, AND RECREATION. Coastal shorelands provide many areas of unique or exceptional value and benefit for open space, natural areas, and aesthetic and recreational use. The requirements for Goals for Open Spaces, Scenic and Historic Areas, and Natural Resources (Goal 5) and Recreational Needs (Goal 8) should be carefully coordinated with the coastal shoreland planning effort. The plan should provide for appropriate public access to and recreational use of coastal water. Public access and the use of private property shall require the consent of the owner and is a trespass unless appropriate easements and access have been acquired. Within Clatsop County, the comprehensive plan and approved community plans reinforce this commitment.
Agenda Item #2. Page 29 Southwest Coastal Community Plan, Coastal and Stream Shorelands Policy #9: emergency vehicles shall have access to the beach at all time. All other vehicles shall be prohibited from beach access south of Hug Point to the County line. The County supports the vehicle restrictions on the beach north of Hug Point. Southwest Coastal Community Plan, Coastal and Stream Shorelands Recommendation #1: Access points to the beach and streams should be provided for at the ends of platted and vacated streets, and shall not be unnecessarily impeded by shoreline protection, flood protection, and other structures. Access to the beach where possible should be made passable for the elderly or other persons with limited mobility. Further work needs to be done on who would maintain these access points. On July 28th, staff met with Oregon State Parks and Cannon Beach Fire representatives to tour and assess various public access points. Of particular interest, were those sites critical for emergency access. Based on these site inspections, the participating agencies developed a strategy to improve Leech Lane. The County will submit a permit to improve access for approximately fifty (50) feet from the end of Leech Lane. The state has agreed to sign the permit if improved to state standards. All access points within the County Roads and publicly dedicated right- of-way are open to the public. Most of the access points, with the exception of Leech Lane, have primitive access, meaning they have not been improved through the formal permitting process with the State and County. There is liability and maintenance costs to the State and/or County to construct and maintain structures such as stairs. The coastal headlands are always in an erodible state. This was observed after the spring “king tides” and the erosion the tides caused. The County has no legal requirement to physically improve or maintain these access points. Other coastal counties appear to be approaching beach access in a similar fashion – prioritizing emergency access.
Attachment List A. West End of Leech Lane B. West End of Columbia Lane
Agenda Item #2. Page 30
Agenda Item #2. Page 31
Board of Commissioners Clatsop County
AGENDA ITEM SUMMARY
August 11, 2021
Agenda Title: Approve the 2021-22 Budget and Appropriation Adjustments Category: Consent Calendar Presented By: Jennifer Carlson
Issue Before the Approve the 2021-22 budget and appropriation adjustment as required Commission: by ORS 294.338.
Informational Clatsop County receives funding from the Oregon Health Authority Summary: (OHA) that is then passed through to Clatsop Behavioral Healthcare (CBH). The funding is to provide treatment for substance use disorders and mental illness. This budget adjustment is necessary to be compliant with budget law and account for the amendments and increases in funding that will then be passed through to CBH.
Attached is the R&O required by Oregon Revised Statutes for budget adjustments for fiscal year 2021-22. The need for the budget adjustment is further explained in the attached Schedule “A”. Fiscal Impact: The fiscal impact to Mental Health Grants is an increase of $284,200 that will be offset by unanticipated grant revenue.
Requested Action: Approve the budget adjustment to remain in compliance with Oregon budget law per ORS 294.338 and authorize the Chair to sign. Attachment List
A. Resolution and Order B. Schedule “A” Appropriation adjustments
Agenda Item #3. Page 32 IN THE BOARD OF COUNTY COMMISSIONERS
FOR CLATSOP COUNTY, OREGON
In the matter of the adjustment of the fiscal ) year 2021-22 budget and appropriations by ) RESOLUTION AND ORDER authorizing expenditure of unanticipated ) grant revenue, per ORS 294.338. )
It appearing to the Board that there is a need to make adjustments in the fiscal year 2021-22 budget by authorizing expenditure of unanticipated grant revenue;
Where as the need for said adjustments, the purpose of the authorized expenditures and the amount of appropriations adjustments, is more particularly described in the Schedule of Revenue and Appropriation Adjustments attached hereto and incorporated herein as Schedule “A”; and
Where as it appearing to the Board that such adjustments are allowed pursuant to ORS 294.338; now, therefore, it is
RESOLVED AND ORDERED that the Schedule of Revenue and Appropriation Adjustments attached hereto as Schedule “A” be approved.
ADOPTED AND APPROPRIATED this 11th Day of August, 2021.
BOARD OF COUNTY COMMISSIONERS FOR CLATSOP COUNTY, OREGON
______Mark Kujala, Chair
Page 1 of 1 - RESOLUTION AND ORDER
Agenda Item #3. Page 33 Schedule A 2021-22 Budget Adjustments
I. ADJUSTMENTS INVOIVLING EXPENDITURE OF UNANTICIPATED GRANT REVENUE
ORGANIZATION UNIT/FUND INCREASE DECREASE
Mental Health- SE #4 Aid & Assist Client Services 033/7152/81-4543 $106,000 Mental Health- SE #20 NR Adult MH Srvcs 033/7152/81-4560 $178,200 Mental Health SE #4 Aid & Assist Client Services 033/7152/82-3103 $106,000 Mental Health SE #20 NR Adult MH Srvcs 033/7152/82-3163 $178,200
Comment: Amendments increasing the grant amount under the OHA & Clatsop County IGA Number 166037. These grant monies are pass through funds to Clatsop Behavioral Healthcare.
Agenda Item #3. Page 34
Board of Commissioners Clatsop County
AGENDA ITEM SUMMARY
August 11, 2021
Agenda Title: Westport Ferry Dredging & Log Vane Reconstruction – 2021 Category: Consent Calendar Presented By: Ted McLean, Public Works Director
Issue Before the Approval of a contract for the Westport Ferry Dredging & Log Vane Commission: Reconstruction – 2021 Informational The Westport Ferry landing is maintained on the Oregon side by Clatsop Summary: County Public Works. The ferry landing area is protected from sediment discharge by a set of log vanes which directs the sediment away from the ferry landing. The amount of sediment has built up to the point of spilling over the log vanes into the ferry landing. The log vanes are in need of repair. The scope of work for this contract will be to remove the sediment by dredging and repair the log vanes to maintain the discharged sediment away from the landing. We have solicited an Invitation to Bid with the following results: Legacy Contracting, Inc. $310,878.00 HME Construction, Inc. $362,000.00 Pacific Pile & Marine $372,842.50 Fiscal Impact: This contract will be paid for from the Road Maintenance & Construction Fund and has been budgeted in the current fiscal year.
Requested Action: Approve contract with Legacy Contracting, Inc. in the amount of $310,878.00 for Westport Ferry Dredging & Log Vane Reconstruction. Attachment List A. Contract B. Bid Proposal
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Board of Commissioners Clatsop County
AGENDA ITEM SUMMARY
August 11, 2021
Agenda Title: Guardrail Installation – 2021 Category: Consent Calendar Presented By: Ted McLean, Public Works Director
Issue Before the Approval of a contract with Coral Construction for guardrail installation Commission: Informational Public Works intends to contract for a total of 510 lineal feet of guardrail Summary: installation in two areas on a portion of Lewis & Clark Road, near Astoria, Oregon. We have solicited an Invitation to Bid with the following results: Coral Construction Company $36,925.00 Columbia River Contractors, Inc. $40,973.00 Dirt & Aggregate Interchange, Inc. $43,333.00 Fiscal Impact: This contract will be paid for from the Road Maintenance & Construction Fund and has been budgeted in the current fiscal year.
Requested Action: Approve contract with Coral Construction Company in the amount of $36,925.00 for guardrail installation. Attachment List A. Contract B. Bid Proposal
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Board of Commissioners Clatsop County
AGENDA ITEM SUMMARY
August 11, 2021
Agenda Title: Short-Term Rental Moratorium Ordinance 21-03 – 1st Public Hearing Category: Public Hearing Presented By: Gail Henrikson, Community Development Director
Issue Before the 1st Public Hearing of Ordinance 21-03, implementing suspension of new Commission: short-term rental license processing. Informational BACKGROUND Summary: At its June 1, 2021, work session, the Board directed staff to move forward with preparing a draft short-term rental moratorium ordinance. The Board also directed staff to conduct town hall meetings to obtain public input on the proposed moratorium. Staff conducted two virtual town hall meetings on July 9 and July 16, 2021. Staff also accepted written comments from June 2 through July 20, 2021. Copies of the written comments, along with transcripts of in- person comments provided at the town hall meetings, were presented to the Board at a work session held on August 3, 2021. MORATORIUM REQUIREMENTS AND OVERVIEW Per ORS 197.520(1)(a), the Department of Land Conservation and Development (DLCD) must be notified in writing of any proposed moratoria. The notice must be filed at least 45 days prior to the final public hearing to consider adoption of the moratorium. A written notice (Exhibit A) was filed with DLCD on June 4, 2021. Per ORS 197.520(4) the initial moratorium may be in effect for up to 120 days. If needed, the moratorium could then be extended by the Board of Commissioners, provided that DLCD receives notice of the proposed extension at least 14 days in advance. The reason that the initial moratorium is limited to 120 days is that the area subject to the moratorium includes lands that are considered “urban” or “urbanizable”. As currently drafted, the moratorium would apply to all areas of unincorporated Clatsop County and the Urban Growth Boundary of Gearhart. The moratorium would not apply to any short-term rentals within the boundaries of an incorporated city or within the urban growth
Agenda Item #6. Page 66 boundaries of Astoria, Warrenton, Seaside and Cannon Beach. During the moratorium, the following would occur: No new short-term rental applications would be accepted, processed or issued Exceptions would be granted for applications that have been submitted as of the date and time that the moratorium ordinance is adopted by the Board Exceptions would also be allowed to transfer existing approved short-term rental permits. If approved, the moratorium would go into effect on September 1, 2021 and terminate on December 29, 2021, unless the Board approved an extension. During the moratorium, staff would be tasked with preparing draft revisions to the ordinances and working with the community to obtain input on the proposed revisions. This work is scheduled to be completed on or before February 23, 2022. The proposed work schedule is shown below.
2021 2022
JUNE JUNE JULY AUGUST SEPTEMER OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY DLCD 45-Day Notice for Moratorium (must be sent to DLCD at least 45 days prior to final public hearing) Prepare Draft Moratorium Ordinance BOC Work Session / Town Hall – Moratorium Ordinance 14-Day Public Comment Period – Moratorium Ordinance 1st Public Hearing – Moratorium Ordinance (August 11) 2nd Public Hearing – Moratorium Ordinance (August 25) Moratorium in Effect (September 1-February 28, 2022) Prepare Draft #1 - Combined Ordinance and Revisions BOC Work Session / Town Hall – Draft #1 14-Day Written Public Comment Period – Draft #1 Prepare Draft #2 – Combined Ordinance and Revisions BOC Work Session / Town Hall – Draft #2 14-Day Written Public Comment Period – Draft #2
Agenda Item #6. Page 67 Prepare Draft #3 – Combined Ordinance and Revisions BOC Work Session / Town Hall – Draft #3 14-Day Written Public Comment Period – Draft #3 Measure 56 Notice Prepared and Mailed to Affected Property Owners 1st Public Hearing – Combined Ordinance (February 9, 2022) 2nd Public Hearing – Moratorium Ordinance (February 23, 2022)
Fiscal Impact: Undetermined
Requested Action: “I move that the Board conduct the first reading of Ordinance 21-03, open the public hearing and take testimony, and continue the matter to August 25, 2021” Attachment List A. Written Notice to DLCD B. Ordinance 21-03
Agenda Item #6. Page 68 EXHIBIT A Written Notice to DLCD – June 4, 2021
Agenda Item #6. Page 69 Gail Henrikson
From: DLCD Plan Amendments
Clatsop County
Your notice of a proposed change to a comprehensive plan or land use regulation has been received by the Oregon Department of Land Conservation and Development. Local File #: STR Moratorium DLCD File #: 002-21 Proposal Received: 6/4/2021 First Evidentiary Hearing: 8/11/2021 Final Hearing Date: 8/25/2021 Submitted by: ghenrikson
If you have any questions about this notice, please reply or send an email to [email protected] .
1 Agenda Item #6. Page 70 EXHIBIT B Ordinance 21-03
Agenda Item #6. Page 71
BEFORE THE BOARD OF COMMISSIONERS FOR THE COUNTY OF CLATSOP
In the Matter of: ORDINANCE NO. 21-03 An Ordinance implementing suspension of new short term rental license processing under Clatsop Doc #______County Code Sections 5.12.010 - 5.12.120. Recording Date: ______
RECITALS WHEREAS, the Clatsop County Board of Commissioners (Board) has received community input regarding health, safety and quality of life concerns related to the operation of short term rental units (STRs) within residential areas; and WHEREAS, the Clatsop County Board of Commissioners (Board) has also received input from STR owners regarding false complaints, the role that STRs play in support of the local tourism economy, investment-backed expectations; and WHEREAS, the Board at its June 1, 2021, work session directed staff to undertake a comprehensive review of licensing standards, program operations, enforcement actions and full implementation of new provisions of the licensing program for STRs, Clatsop County Code (CCC) Sections 5.12.010 through 5.12.120; and WHEREAS, during this time the Board desires to suspend the processing of new licenses temporarily as set forth in this resolution while certain interim recommendations are reviewed and implemented, further longer term options are explored, and decisions are finalized for the update of the program requirements. This suspension is initially for a very limited timeframe while interim changes to the Code are developed and acted upon by the Board; and WHEREAS, the proposed suspension of STR licensing would apply to all areas of unincorporated Clatsop County and the Urban Growth Boundary of the City of Gearhart, which is also subject to the requirements of Clatsop County Code Sections 5.12.010-5.12.120, but shall not apply within the boundaries of any incorporated city; and WHEREAS, pursuant to ORS 197.520(3)(a) for urban or urbanizable land, the Board finds:
Ordinance 21-03 AgendaJuly Item 30, 2021 #6. Page 72
1) The application of existing development ordinance or regulations and other applicable laws are inadequate to prevent irrevocable public harm from STR licensing in unincorporated Clatsop County and applicable Urban Growth Boundaries; 2) The moratorium is sufficiently limited to ensure that a needed supply of affected housing types within unincorporated Clatsop County and applicable Urban Growth Boundaries are not unreasonably restricted by the adoption of the moratorium; 3) There is the potential for continued negative impacts to communities if STR licensing is not suspended during review of the licensing program and for increased conflict between community members and STR owners if a moratorium is not enacted; 4) The public harm that could be caused by failure to impose a moratorium outweighs any possible adverse effects on other local governments; that the moratorium will not result in a shift in demand for housing, economic development, public facilities and services on buildable lands; and will not impact the population distribution of unincorporated Clatsop County and applicable Urban Growth Boundaries; and 5) The County has sufficient resources are available to complete the development of needed interim or permanent changes in plans, regulations or procedures within the period of effectiveness of this moratorium; and WHEREAS, pursuant to ORS 197.520(3)(b) for rural land, the Board finds: 1) That application of existing development ordinance or regulations and other applicable laws are inadequate to prevent irrevocable public harm from STR licensing in unincorporated Clatsop County and applicable Urban Growth Boundaries; 2) There is the potential for continued negative impacts to communities if STR licensing is not suspended during review of the licensing program and for increased conflict between community members and STR owners if a moratorium is not enacted; 3) The moratorium is sufficiently limited to ensure that lots or parcels outside unincorporated Clatsop County and applicable Urban Growth Boundaries will not be restricted by the adoption of the moratorium; and 4) The County has established a work plan and time schedule for achieving the objectives of the moratorium.
NOW, THEREFORE, THE BOARD OF COMMISSIONERS OF CLATSOP COUNTY ORDAINS AS FOLLOWS: /
Ordinance 21-03 AgendaJuly Item 30, 2021 #6. Page 73
SECTION 1. SUSPENSION OF SHORT TERM RENTAL LICENSING
1) The Clatsop County Department of Assessment and Taxation, the delegated licensing authority under CCC Sections 5.12.010-5.12.120, shall temporarily suspend acceptance, processing, and issuance of new short term rental licensing applications for owners and/or residences, except as noted below. 2) That exceptions to this suspension include, but may not be limited to, the following: a. Currently pending or processing applications as of the date and time this Ordinance is adopted by the Board of Commissioners. b. Transfers of existing approved short-term rental permits. c. Other exceptions carrying forth the intent of this Ordinance and the County Code as determined solely in the discretion of the licensing authority after consultation with County Counsel. 3) That this Ordinance take effect on September 1, 2021, and terminate on December 29, 2021, pursuant to ORS 197.520(4), unless further extended by action of the Board or replaced with amendments to the County Code.
SECTION 2. SEPARABILITY The provisions of this ordinance are severable. If any portion of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance.
SECTION 3. CONFORMANCE OF STATE LAW This Ordinance shall not substitute for nor eliminate the necessity for conformity with any and all laws or rules of the state of Oregon, or its agencies, or any ordinance, rule, or regulation of Clatsop County.
SECTION 4. INCONSISTENT PROVISIONS This Ordinance shall supersede, control and repeal any inconsistent provision of any County Ordinance as amended or any other regulations made by Clatsop County. SECTION 5. APPLICABILITY This Ordinance shall apply to all unincorporated areas of Clatsop County and within the adopted Urban Growth Boundary of the City of Gearhart. //// /// // / Ordinance 21-03 AgendaJuly Item 30, 2021 #6. Page 74
SECTION 6. EFFECTIVE DATE This Ordinance shall take effect on September 1, 2021.
Approved this ___day of ______, 2021
THE BOARD OF COUNTY COMMISSIONERS FOR CLATSOP COUNTY, OREGON
By Mark Kujala, Chair
Date ______
By ______Theresa Dursse, Recording Secretary First Reading: August 11, 2021 Second Reading: August 25, 2021 Effective Date: September 1, 2021
Ordinance 21-03 AgendaJuly Item 30, 2021 #6. Page 75
Board of Commissioners Clatsop County
AGENDA ITEM SUMMARY
August 11, 2021
Agenda Title: Consider an offer on County owned property Category: Business Agenda Presented By: Sirpa Duoos, Property Management Specialist
Issue Before the Consider an offer on County owned property after auction. Commission: Informational Clatsop County came into title of Assessor’s Map 40703CB02500 in Summary: 2012 via tax foreclosure. This parcel was categorized as surplus in 2013 and subsequently offered for sale two different times over the years, most recently in 2020, with a minimum bid of $5,000.00. No offers were received. All adjoining property owners were notified. Staff opened sealed bids on July 15th and one offer was received for $4,222.00, exceeding the County’s policy of accepting offers of 80% of the minimum bid after auction. This vacant lot contains 0.45 of an acre and has a current real market value of $25,846. It is located off of Morgan Lane in Elsie and is zoned RA-1. The approval of this sale will place this parcel back on the tax roll. Fiscal Impact: The proceeds of the sale will be distributed to the taxing districts after costs are deducted. Cost includes the recording fee for the deed.
Requested Action: Adopt the Resolution and Order by accepting the offer in the amount of $4,222.00 and authorizing the Chair to sign the deed. Attachment List A. Resolution and Order B. Deed C. Map D. Earnest Money Agreement
Agenda Item #7. Page 76 1 IN THE BOARD OF COUNTY COMMISSIONERS 2 FOR CLATSOP COUNTY, OREGON 3 4 IN THE MATTER OF CERTAIN ) 5 SALE OF COUNTY LAND ) RESOLUTION AND 6 PURSUANT TO ORS 275.200 ) ORDER 7 AFTER AUCTION 8 9 WHEREAS, ORS 275.200 authorizes the sale of County land not sold by 10 Sheriff at public auction by private sale without further notice; and 11 12 WHEREAS, the parcel described in Exhibit “A” was exposed for sale, at 13 minimum bid of $5,000 Cash, at a prior auction; and 14 15 WHEREAS, no bids were received at prior auction; and 16 17 WHEREAS, the County has received a written offer after public auction; 18 and 19 20 WHEREAS, the party in Exhibit “B” has submitted the highest offer 21 indicated in Exhibit ”B”, after the public auction, for cash; 22 23 NOW THEREFORE, IT IS HEREBY RESOLVED AND ORDERED that the 24 Clatsop County Board of Commissioners accept the offer in Exhibit “B”, 25 authorize the Chair to sign the Quitclaim Deed and authorize the 26 Assessor/Tax Collector to distribute the proceeds of the sales according to 27 the state statutes. 28 29 Dated this ______day of August 2021 30 31 BOARD OF COUNTY COMMISSIONERS 32 FOR CLATSOP COUNTY, OREGON 33 34 ______35 Chair 36 37 38 39
Agenda Item #7. Page 77 Agenda Item #7. Page 78 Agenda Item #7. Page 79 Agenda Item #7. Page 80 AFTER RECORDING RETURN TO GRANTOR: Clatsop County Property Management 820 Exchange, Suite 230 Astoria, OR 97103
GRANTEE: Kathy Fisher 19500 View Drive West Lin, OR 97068
QUITCLAIM DEED
CLATSOP COUNTY, a political subdivision of the State of Oregon, Grantor, releases and quitclaims to, Kathy Fisher, Grantee, all of its right, title and interest, including mineral rights, if any, in that parcel of real property situated in Clatsop County State of Oregon, described as follows:
LEGAL: Lot 3, Tract 10, Elderberry and Nehalem Homesites, Clatsop County, State of Oregon
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009 AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17 CHAPTER 855, OREGON LAWS 2009 AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.
ASSESSOR'S ACCT. NO. 40703CB02500 ACCT. ID No. 1134 SITUS ADDRESS: Vacant land off of Morgan Lane in Elsie
THIS PROPERTY IS SOLD “AS IS.” CLATSOP COUNTY DOES NOT WARRANT TITLE TO BE FREE OF DEFECTS OR ENCUMBRANCES OR THAT FORECLOSURE PROCEEDINGS OR ANY OTHER PROCEEDING AUTHORIZING THE ACQUISITION, SALE OR TRANSFER OF THIS PROPERTY TO BE FREE OF DEFECTS. CLATSOP COUNTY ONLY SELLS AND CONVEYS SUCH TITLE, IF ANY, AS IT HAS ACQUIRED.
The true and actual consideration paid for this transfer stated in terms of dollars is FOUR THOUSAND TWO HUNDRED TWENTY-TWO ($4,222.00) DOLLARS.
Page 1 - Quitclaim Deed Agenda Item #7. Page 81 In construing this deed, where the context so requires, the singular includes the plural and all grammatical changes shall be made so that this deed shall apply equally to corporation and to individuals.
IN WITNESS WHEREOF, the grantor has executed this instrument this ____day of August 2021.
______Chair Mark Kujala
STATE OF OREGON ) ) ss. County of Clatsop )
This Quitclaim Deed was acknowledged before me on this ___ day of August 2021 by, ______as Chairperson of the Board of Commissioners for Clatsop County, a political subdivision of the State of Oregon.
______NOTARY PUBLIC FOR OREGON My Commission Expires: ______
UNTIL A CHANGE IS REQUESTED, ALL TAX STATEMENTS SHALL BE SENT TO THE FOLLOWING ADDRESS:
Kathy Fisher 19500 View Drive West Linn, OR 97068
Page 2 - Quitclaim Deed Agenda Item #7. Page 82
MAP # 40703CB02500 ID # 1134 Minimum Bid: $5,000 CASH
Real Market Value: $25,845 Assessed Value: $24,130
General Area: Vacant land off of Morgan Acreage: 045 Lane in Elsie
Zoning: RA-1 Special Overlay:
Comments:
Agenda Item #7. Page 83 Agenda Item #7. Page 84