Focus on 49: BOCC work session grapples with difficult legislature

by Staff

Counsel’s Proposal Is Economic Help For Some Measured Relief

With the passage of Measure 49 rendering approved Measure 37 waivers invalid on December 14, 2007, over one hundred people in Clatsop County were left wondering what their next step in the process would be. According to the records available many of these people started their Measure 37 claims back in 2004 and are still waiting to be able to do anything on their properties as the County struggled to first go through all of the claims, provide staff reports on their findings, approve or deny the claim, hold public hearings, and handle the appeals.

Once obtaining an approval at the county level the applicant had to apply to the state. The normal wait was approximately one year. Only at that time could the applicant begin the process of developing the land. According to Clatsop County Land and Water Development and Use Ordinance 80-14 Sec.5.320: Before a permit can be issued for development in a special purpose district or for a conditional development and use or a development and use permitted with review, a site plan for the total parcel and development must be approved by the Community Development Director or Planning Commission. Information on the proposed development shall include sketches or other explanatory information the Director may require or the applicant may offer that present facts and evidence sufficient to establish compliance with Sections 1.040, 1.050 and the requirements of this Section.

Local Measure 37 Claims

According to Mike Weston, a planner in the Clatsop County Planning Division, less than 20 of the over 100 approved Measure 37 claims got to the developing stage before Measure 49 went into effect. Those having made it that far into the process have a good chance that they will be granted something called “vested” interest . Clatsop County’s Attorney, Andy Jordan, called this a common law application when someone has spent so much time, money and expense on a project it would be unfair not to allow him to finish it, simply because a law has changed (with certain restriction applying, usually to do with public safety).

Oregon Law on Measure 49 provides counties with a remedy for their previously approved Measure 37 claimants, however, it leaves it up to the county to decide how it wants to help these claimants or if it wants to let the judiciary system handle the process. As described above, a lot of staff time and expense goes into each one of the claims, helping a very small and specific population.

Proposal Economical

Jordan proposed that the Board appoint the Director of Community Development to be the final say in granting “vested” rights based on staff reports and documentation provided by the applicant. The Board asked if that meant that applicants would lose their right of appeal? Jordan replied that both the applicant as well as neighbors to the development could appeal through the judicial system. The Board also asked if this would be the least expensive route for the applicant as well as the County and Jordan replied, “Yes.” Even if allowing the cases to be decided by the courts the county would be involved in the process.

When Roberts made motion to bring Jordon’s proposal to a vote Jordan said that the wording on the resolution still had to be worked out and it would be ready for the next meeting. As Roberts closed the work session Commissioner Lee brought to the Board’s attention a letter written by one of his constituents (see letter ) who had a concern directly connected to Measure 37 applicants. Ed Wegner is the current interim Community Development Director. Wegner is also acting director of Transportation and Development, the Roads Division, Land Use Planning, the Fisheries Project, and the Building Codes Division.

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