| The
Latest News News From CFF News Releases - 1998 |
| Our Goal: To improve the livability of Florence through public education and community involvement. |
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Kathleen Sullivan, spokesperson for Citizens For Florence, said that her group's efforts to have City Council meetings aired on Falcon Cable's Channel have succeeded. The group, who's goal is to promote public information and community involvement, first brought up the idea of videotaping last year. After the group provided the City Council with detailed information on possible alternatives, the Council voted to try the idea for six months.
The Council meetings, which are normally held on the first and fourth Monday of each month, will be aired on Falcon's Channel 61. The meeting videotapes will be shown Thursday through Sunday following the meeting.
Video Broadcast Schedule: Thursday 6:00 p.m. Friday 9:00 a.m. Saturday 9:00 a.m. Sunday 6:00 p.m.
Agendas for the Monday meeting will available at City Hall. The Siuslaw Public Library also has copies of the videos if you miss Falcon's broadcast times.
“We think this is a great service for our City to provide to the residents of Florence, and a low cost way to get more people involved in City government. It's often impossible for people to take time out of a busy schedule to attend evening meetings at City Hall. And the fact that the meetings often go on past midnight makes them even less attractive for ‘evening entertainment’. We think this this is a perfect example of the City working with concerned groups to accomplish a common goal - providing better access to local government.”
For more information, contact: Citizens For Florence at 997-5432.
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CFF NOT OPPOSED TO FRED MEYER
We wish to confirm our position on the proposed Fred Meyer Retail Complex.
We are not
“opposed to Fred Meyer”. The Fred Meyer Corporation has a legal right
to develop a retail business on commercially zoned land, provided they
meet the criteria set out in the Florence Comprehensive Plan and statewide
land use goals. We do not believe the current design proposal meets many
of those criteria. Florence is growing, and facing new problems related
to that growth. It is imperative that our Comprehensive Plan, which is
the guiding document for future growth, be consistently and clearly interpreted
so that it can be FAIRLY applied to ALL development. Primary concerns about
the Fred Meyer design are:
Destruction of the Dunes: Fred Meyer has applied for a lease of 4.5
acres of Federal land
because the retail complex they wish to build is too big for the lot
they are purchasing. The U.S. Bureau of Land Management (BLM) has issued
an Environmental Assessment on the Fred Meyer’s proposal to remove 72,000
cubic yards of sand (to be used as fill under the parking lot), and to
stabilize a 4.5 acre strip on public land with European beach grass. The
Environmental Assessment states: “Stabilization would make the site more
susceptible to noxious weed invasions such as from the gorse ... and Scotch
Broom ....” and “Plantings of European beach grass ... are likely to spread
outward and, in the long term, eventually cover the 40 acre BLM parcel.”
That means the open dune will cease to exist. According to the Audubon
Society this dune is “highly valuable as a unique geological formation,
it’s scenic value and accessibility is unmatched on this part of the Oregon
Coast.”
Stormwater Runoff / Neighborhood Flooding: The City of Florence hired
an independent
engineering firm (Brown & Caldwell) to review the Fred Meyer Storm
Drainage Report. The March 19 draft of that review states: “... we believe
that the water table will be above the top of the storage area of the proposed
infiltration system throughout most of the year. As a result, the proposed
system will not have the capacity to store the design storm as indicated
in the report. Without adequate storage, stormwater will run off site during
the design storm.” We also hired an engineer (Poage Engineering & Surveying)
to review the Fred Meyer plan, and they concur with the City’s engineers,
“The current proposed elevation of the bottom of the (infiltration) chambers
is believed to be approximately 7 feet below the seasonal high ground water
table. ... This could result in flooding on site, or possible drainage
off the site to adjacent properties.”
Aesthetics / Design: The proposed design is, of course, open to personal interpretation as to what is “attractive” or “ugly”. Aside from personal preferences, the Retail Complex will completely block the view of the dunes. This is the only Hwy. 101 view of open sand dunes within the City limits. Not only does this view provide residents with a unique perspective on one of Florence’s many natural resources, tourists look for this landmark when they come to Florence. We have offered the City alternative building designs which would at least partially preserve this view.
Inadequate Infrastructure (Sewage and Water): Our sewage treatment system dumped 780,000 gallons of partially treated sewage on February 14-15, 1.3 million gallons on February 20-21, and 1.5 million gallons on February 21-22. We dumped 1,500 gallons of raw sewage on March 23. All these spills were apparently related to our collection system which allows rainwater/groundwater to infiltrate and overload the system. We believe it is irresponsible to be adding more load to an already failing system - and effectively increasing the amount of partially treated and raw sewage which is dumped into the Siuslaw River. In addition, our wells cannot provide sufficient water for the existing residents, much less those expected to be drawn by future development.
Subsidizing Development: We still do not know how much the new sewage system is going to cost us, but it is expected to be over $10 million. A large portion of this cost can be attributed to expected new developments. Current residents will likely be expected to bear the major portion of this financial burden, which means individual taxpayers and rate payers could be subsidizing future developments, including the Fred Meyer Complex.
Concerns as to increased traffic hazards, effects on local businesses, exportation of business profits to out-of-town corporations, and unplanned growth still remain. We will continue to present these concerns to the City Council until they have been adequately addressed, and welcome the support of those committed to preserving the integrity and character of Florence into the future.
Kathleen Sullivan, Spokesperson for Citizens For Florence
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Kathleen Sullivan, spokesperson for Citizens For Florence (CFF), said
that the Public Forum
Committee of her group was donating $50 to each of the two organizations
that would be providing speakers at the upcoming Florence Democratic Club
Forum. CFF, whose goal is to promote public education and community involvement,
will not be participating in the forum itself. “Our group takes no position
on election issues. We just want to make sure that the people of Florence
hear both sides of the issue, so they can make an informed decision.” said
Ms. Sullivan.
The Florence Democrat Club is hosting the forum, which is scheduled for Saturday, May 2, 12:30 to 1:30 p.m. at the Lotus Seafood Restaurant in Florence. The topic will be the upcoming Ballot Measure 20-95 - Amendment of the City’s Charter to require that proposed annexations be approved by Florence voters.
The forum will be moderated by Sally Weston, past president of the Lane County League of Women Voters. Kathy Bruebaker, Lane County Home Builders Association will speak in opposition to the Ballot Measure. Jeff Lamb, Chairman of Oregon Communities for a Voice in Annexations (OCVA), will speak in favor.
For more information, contact:
Marilyn Miller, Florence Democratic Club - 997-3777
Sally Weston, League of Women Voters - (541) 484-4404
Kathy Bruebaker, Lane County Home Builders Association - (541) 484-5253
Jeff Lamb, Oregon Communities for a Voice in Annexations - (541) 929-5166
Jerol Moore, Florence Home Builders Association - 997-1330
Zane Ziemer, original sponsor of Florence Ballot Measure - 997-8288
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In November of 1997, Citizens for Florence (CFF), a not-for-profit organization dedicated to maintaining the livability of Florence, challenged a decision by the Florence Design Review Board allowing development of a 127,000 square foot Fred Meyer store and retail complex in north Florence.
The site of the proposed Fred Meyer complex is zoned for Highway/Commercial use, and even though the City of Florence’s Visual Management Plan suggests that it be purchased by the city to maintain the view and access to the dune, CFF recognizes that Fred Meyer will nevertheless eventually construct its store on the site. However, CFF initially questioned the proposed development because the group strongly believed that such a large commercial development would create serious traffic problems at the intersection of Hwy. 101 and Munsel Lake Road, would cause flooding on adjacent properties, would further aggravate the serious sewage disposal problem facing the city, and was not designed in a way that would maintain a scenic view of the only active dune visible from Highway 101 at the northern entrance of the City.
Although the initial decision by the Design Review Board was subsequently revised and improved by the City Council, and new conditions were placed on the proposed development, the City has still failed to comply with the letter and intent of certain design review and development standards that are spelled out in the city code.
For example, neither the city nor Fred Meyer has demonstrated that the city’s sewage treatment facility can accommodate the additional sewage load from the Fred Meyer store, or expected residential increases due to importation of employees of the development. Yet, the Highway District code prohibits new development unless the applicant can demonstrate that “the necessary utility systems and public facilities are available with sufficient capacity.” Moreover, it has not been adequately shown that the stormwater infiltration system planned by Fred Meyer is high enough above the ground water table to ensure adequate drainage. Still to be adequately addressed is the concern that the stormwater system will protect nearby drinking water wells that the city has indicated it plans to develop. In addition, the dramatic expansion of the surrounding roads and Highway 101 has not been coordinated with the City’s long-term traffic management plan. Finally, because the north-south position of the proposed store (two football fields in length) will eliminate the view of the dune, the City has not demonstrated that the development has been sited in a way that is as attractive as the nature of the use and the setting will allow, another mandate of the Highway code.
As a result of these serious flaws, CFF has filed a Notice of Intent to Appeal (NOIA) with the Land Use Board of Appeals in an effort to force the city to comply with its own code requirements before approving the Fred Meyer store.
Although CFF has to file the NOIA before the May 28 deadline in order
to ensure its right to appeal the decision, CFF has instructed its attorney
to inform Fred Meyer that CFF will not pursue its appeal if the Fred Meyer
corporation is willing to postpone the development of the store pending:
(1) the City’s completion of the sewage treatment facility improvements;
(2) a clear decision by the City as to whether it actually intends to develop
the land adjacent to the site as a public well site for domestic water
supplies, and (3) a more comprehensive ground water level and stormwater
runoff survey of the site conducted over the course of at least one month
in late winter has been completed. (The study submitted to the City by
Fred Meyer was a one-day test conducted early this Spring.)
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Dear Florence Area Residents:
We want to thank you for your support. Your contributions (in time and money) have helped us to move forward on our projects - some of which are detailed below. We held our first fund-raising event, a silent art auction, on June 14. It was a smashing success, and we hope to do another one next year. We’re also throwing a “Deep Pockets Yard Sale” in August - and hope you can come and join us.
ONGOING PROJECTS
Zone Change Appeal -- After we filed our appeal of the City’s rezoning
of 17+ acres north of town (proposed outlet mall site), the Oregon Department
of Land Conservation and Development (DLCD) filed a "state agency brief"
on issues relating to LCDC jurisdiction. (Editor's Note: original newsletter
incorrectly stated DLCD's status in the CFF appeal.)
Fred Meyer Design Review Appeal -- As with the outlet mall appeal, CFF believes the City has again failed to follow state and local regulations. CFF has published a newsletter which fully sets out our concerns, and suggestions for solutions that will protect the interests of the Florence community.
Videotaping City Council Meetings -- Thanks to our research and encouragement,
the City
initiated a six-month trial of the videotaping project. Video replays
of all regular City Council
meetings are replayed on local cable (Channel 61). Tapes are also available
at the Siuslaw Public Library. This has been one of our most successful
projects. The trial period is almost completed, and we hope you will contact
City Hall and let them know you want them to continue taping Council meetings.
CFF Web Page -- Our web page has been well received. We’ve included information about City Hall, a Community Calendar, a Current Events Calendar (more political), a Tsunami Page, and other items of interest. For those who do not have access to the Internet, a printed version is available at the Siuslaw Public Library. The web page and its printed counterpart are updated at least weekly.
FUTURE PROJECTS
Review of Florence Comprehensive Plan -- CFF will be reviewing the
City’s Comprehensive
Plan, and will prepare a plain-language summary which explains how
this complex document will affect the residents of Florence.
Review of Costs of Wastewater Treatment Plant -- CFF is currently preparing
a list of
questions to give the City Council, and will ask them to provide their
answers at the July 27 City Council Work Session. (See Questions for City
Hall) We will continue to follow the progress of this much-needed public
utility project, and will provide information to the community as it becomes
available. We are particularly interested in alternative methods of sewage
disposal which may be cheaper and more environmentally friendly than the
mechanical activated sludge system that the City is currently planning.
Review of City’s Areawide Stormwater Management Plan -- The City has
approved funding
for development of a plan to address the stormwater runoff problems
Florence is facing. We will be closely monitoring this project to ensure
that the concerns of all Florence residents are addressed.
Future Projects -- If you have ideas and/or concerns you would like
CFF to look into, contact us by phone at 997-5432, by e-mail at citizensforflorence@yahoo.com,
or by mail at P.O. Box 1212, Florence, Oregon 97439. We're interested in
your ideas.
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Citizens For Florence will be holding its first annual Deep Pockets Yard Sale. Some time ago, someone said that CFF had better have "deep pockets" if they wanted to continue with their efforts to keep Florence livable. Well, it's about a year and a half later, and CFF is still going strong. But the "deep pockets" euphemism was accurate - it takes money to fight money.
So CFF is having a yard sale to raise money to pay for legal fees from
the appeal of the re-zoning which would allow development of an outlet
mall north of town, continued research into the workings of City Hall,
publication of newsletters, this web page, and continued public information
activities. To date, CFF has been instrumental in convincing the City Council
that Fred Meyer's stormwater plan needed improvement, that plans for the
new sewage treatment plant needed improvement, that the community needed
to have council meetings videotaped, that the public should receive better
notice when sewage spills happened, and that a Stormwater Management Plan
was needed as soon as possible. Check out our Annual Report and Newsletters
to see what we've accomplished already. None of this would have been
possible without the continuing support of the Florence community and CFF's
many volunteers.
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The Oregon Land Use Board of Appeals determined that the City of Florence had violated state regulations when the city approved a zone change from residential to commercial earlier this year. A local developer had proposed a 40-store outlet mall for the 17 acre location next to Florentine Estates subdivision, but testimony in public hearings brought out that once the zoning was completed, other commercial uses could also be built there. Citizens For Florence appealed the City's decision to LUBA, citing six instances of violation of state laws. Even one violation of state laws could have resulted in LUBA's remand back to the City, and LUBA decided the City's decision was in error in three instances.
"Citizens For Florence has mixed feelings on the decision," stated President Zane Ziemer. "From the beginning, we tried to explain to the City why this re-zoning did not conform to state laws. It's unfortunate the City Council didn't listen to what we'd been saying for over a year. It ended up costing taxpayers a lot of money, and could easily have been avoided if the City had just followed state regulations." Ziemer continued, "The appropriate time and place to decide about rezoning that piece of land is during the comprehensive plan update, when the city can be viewed as a whole. Anytime you try to do something in a rush, and piece meal, you run into problems."
Ziemer emphasized that the rezoning appeal was not similar to the Fred Meyer design approval appeal, which CFF filed this summer. "The property owner, as far as we know, has a legal right to put in a commercial development on their property. Our primary concern is to make sure that the City complies with state regulations, and that the development isn't harmful to our community. While the design has been improved, due in large part to information we provided to the Planning Commission and City Council, there are still substantial problems. The development design that the City approved, in our opinion, does not comply with state regulations, and will cause traffic problems and possibly more traffic deaths on Hwy. 101." Ziemer went on to say that "Another major concern is that until the new sewage treatment plant is built, we believe a development of that magnitude will also contribute more sewage to the Siuslaw River."
Ziemer indicated that the group's plans for the future included providing
the community with
information about Florence on the group's web page, monitoring the
progress of the new sewage treatment plant, and participating in the update
of the city's Comprehensive Plan and development of the Areawide Stormwater
Management Plan.
Also see: LUBA Decision
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Citizens For Florence is offering $50 in "matching funds" to Siuslaw Stop Crime's reward program. The group's hope is that the reward will elicit information about the two recent illegal "chemical" dumps into the City's sewage system. According to the City of Florence, "Apparently some substance entered the collection system and shocked the activated sludge, causing a 'kill' of microorganisms" for about four and one-half hours on October 15. A similar upset occurred on July 21 of this year, resulting in a bypass of partially treated sewage of about 213,720 gallons.
"On October 19, the Florence City Council instructed city staff to see if they had enough money in the budget to offer a reward to anyone who could identify the person or persons involved in this illegal dumping. We thought it would be a good idea to start the ball rolling, and ask the community to contribute, as well. After all, the Siuslaw River belongs to all of us. It's not just city hall's responsibility to protect the river, it's everyone's." stated Citizens For Florence President, Zane Ziemer. "We've been concerned about the health of the river for quite some time. We've posted a listing of sewage spills into the river on our web page in an effort to call attention to the fact that we need a new sewage treatment plant, and we've been very active in the discussions about the plant. This is just another example of our commitment to protecting and improving our community."
In July, Ken Lanfear of Florence Public Works indicated that the dumping had probably occurred at one of the city's many manholes. Lanfear stated that it would be very difficult to "lock" each manhole cover.
Anyone with information about either of the chemical dumping incidents into the city sewer system should contact Chris Mathieson, Siuslaw Stop Crime, at 997-3515.
Also see: City of Florence Sewage Spills
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The Oregon Land Use Board of Appeals (LUBA) issued it's decision on an appeal of the design review approval of a proposed Fred Meyer retail complex in Florence on October 30. In its' 19-page decision, LUBA agreed with the appellant, Citizens For Florence, that the City had "misconstrued the applicable law and made inadequate findings" about the adequacy of the city's sewage system capacity. The appeal also cited four other instances of violation of state laws, which LUBA denied.
"Even though the finding of only one violation will result in a remand back to the City, we decided that two of the issues denied by LUBA were important enough to warrant an appeal to the Oregon Court of Appeals." said CFF's president, Zane Ziemer. "We think the LUBA decision did not correctly address two of our major concerns about the design: traffic and the stormwater disposal system."
"Contrary to current rhetoric, CFF is not trying to 'stop' Fred Meyer. Some of our supporters are looking forward to shopping at Fred Meyer, some don't want that size of store in Florence at all, some think it would be better for our community if the complex were built in the industrial park, or even Reedsport. But most of our supporters simply want the best design and best city planning possible. To date, we have not seen that from our City Council." said Ziemer. "This is not simply a yes or no issue. The property owner, as far as we know, has a legal right to put a commercial development on their property. Our primary concern is to make sure that the City complies with state regulations, and that the development isn't harmful to our community." said Ziemer. "While the design has been improved, due in large part to information we provided to the Planning Commission and City Council, there are still substantial problems. The design that the City approved, as we stated in our appeal, does not comply with state regulations." Ziemer went on to say that "We hope that the appeal process will force the city to deal with specifics of the Fred Meyer design, and will result in improvement of the traffic and stormwater disposal system design ."
Ziemer indicated that the group's plans for the future included providing
the community with
information about Florence on the group's web page, monitoring the
progress of the new sewage treatment plant, and participating in the update
of the city's Comprehensive Plan and development of the Areawide Stormwater
Management Plan.
Also see:
CFF Appeal Brief and
LUBA Decision on Fred Meyer Design Review
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P.O. Box 1212 Florence, Oregon 97439 |
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