Richard Lee: Status Of Land Use File

From: MEMORANDUM TO CLATSOP COUNTY COMMISSIONERS NUMBER 2

A summary of current status of Richard Lee’s land use file is as follows:

Commissioner Lee has several outstanding sets of issues with the County Planning Department.

*The first involves compliance with conditional use permits for a golf course and an RV Park and requests of the planning staff for compliance in at least two letters.

*The second involves five property transfers from Lee to neighboring property owners.

*A final issue involves compliance with flood hazard regulations.
In March 2003 Commissioner Lee was allowed to build a 9-hole golf course on property zoned for exclusive farm use. His conditional use permit is subject to nine conditions.
The first required a final design layout showing 50-foot riparian setbacks.
The seventh required certain permits prior to construction of an outbuilding. Lee has built the course but has not complied with conditions one and seven.
In January 2005 Commissioner Lee was allowed to develop a 90-space Recreational VehiclePark on 9.5 acres zoned for Rural Community Commercial use. This approval was subject to 12 conditions. Condition three requires compliance with Oregon Administrative Rules dealing with Recreational Parks and Organizational Camps, OAR 918-650-0035 through 918-650-00801. OAR 918-650-0035 requires a set of construction plans prior to the issuance of any building permits. Although construction of the park continues, Lee has not produced construction plans that comply with OAR 918-650-0035. Also see, ORS 455.680 requiring State approval of plans before construction begins.
Between 1984 and 2001 Commissioner Lee transferred portions of his property to neighboring owners without the benefit of County approval. These transfers were made by five separate deeds. County Planning Staff believes that the County land use ordinance required each of these transfers to be approved by either a Property Line Adjustment or a Partition prior to the transfer of property. It appears that the transfers involved either vacant land or were made to cure an encroachment. Planner Jennifer Bunch discovered the problem in October 2007 after Lee submitted an application to further partition his remaining parcel of property. As there was no County approval of the transfers, Lee is prohibited from further subdividing the remaining parcel and also prohibited from obtaining permits for land use activities involving this property. This prohibition includes obtaining the permits required by condition number seven of the golf course approval. Richard Lee and Lynda Lee reacted to this situation with abusive behaviors directed at CountyPlanning Staff.To resolve these problems, permits to transfer the property, development plans for the RV Parkand golf course and permits for the outbuilding are needed. The last issue involves both the golf course and the RV Park. Both developments lie within a Flood Hazard Overlay District (FHO). These districts are designed to reduce flood damage and loss of life in areas subject to periodic flooding. §4.030(4) of the County’s Planning Code requires that fill placed below the base flood elevation in the FHO be compensated for with an equal volume of excavation frombelow the base flood elevation. Planning Staff has requested that Commissioner Lee demonstrate compliance with this code section on the plans for the RV Park and golf course. Although each development must comply with §4.030(4), it is unclear whether compliance must be demonstrated on thedevelopment plans for the RV Park and golf course.