At a special meeting April 14, 2008, the Board of Commissioners approved a resolution and order in the matter of an appeal to the Planning Commission’s decision approving a variance to the County’s road standard specifications for design and construction on Clifton Road. This was based on an earlier hearing held on March 12, 2008 regarding appeals made by Oregon LNG, Columbia RiverKeeper with Jack and Georgia Marincovich. The resolution and order was approved by a vote of 3 to 1 with Commissioner Patrick voting no.
The matter of the variance came before the Planning Commission at a public hearing conducted in January of this year. The applicant, Bradwood Landing LLC had contended that it would be too burdensome to widen and straighten Clifton Road to meet current standards for a rural collector road in some areas because of topography constraints and adverse environmental impacts.
Columbia Riverkeepers and Jack and Georgia Marincovich cited safety reasons in their request for the Board to overturn the variance and felt that doing otherwise would grant Bradwood special privileges. Oregon LNG questioned the validity of Bradwood’s arguments for the variance.
On March 12, 2008 a public hearing was held based upon an appeal of the Planning Commission’s decision to approve a variance for Bradwood Landing LLC from the road standards for Clifton Road as part of its planned construction of a liquefied natural gas terminal on the Columbia River at Bradwood, east of Astoria.
Commissioner Patrick expressed concerns regarding what he stated as going against staff recommendations for the variance because it did not meet the standards for a collector road. Patrick said that because Bradwood was spending a certain amount on the overall project they should be able to afford a proportionate amount on the development of the road. He asked Clatsop County engineer, Ron Ash, if the county were building a collector road of the same length wouldn’t it be held to the standards established. Ash explained that if there are no physical or environmental constraints then the standards established is what a road would be built to.
In a previous day-long hearing on the variance issue staff explained that a road being upgraded is held to different standards than a road being newly constructed, the upgrade having to follow the geological and environmental constraints already in place. Patrick expressed his belief that another study needed to be done which could possibly give another way for a curve to be straightened without impacting Hunt Creek, which needs a 150’ riparian set back. Patrick stated that to give the variance without an additional study would be akin to granting special privileges to Bradwood. Board Chair Roberts asked Ash if this was a case of granting special privilege and Ash replied that it was not special privilege. The road still met the minimum standards based on the usage of the road, the physical constraints and the environmental impacts. It is the same criteria that would be taken into consideration for any road variance request.
The resolution and order approved yesterday, April 14th, by the Board of Commissioners affirmed the Planning Commission’s decision with modifications made by staff as directed by the Board. Curve radii are spelled out in the document as well as special contingency language for “curve 4” and “curve 5” in the event that a property easement cannot be negotiated with the adjacent property owner Matoaka Forests Investments. Bradwood Landing is to reimburse the county for any costs associated with purchasing the property per a contract that is forthcoming. If purchased, the easement would allow safer curve radii on curves 4 & 5. However, if that did not happen, the resolution and order sets out a minimum that applicant Bradwood Landing, LLC must adhere to.
After the meeting staff member Mike Weston clarified that the final resolution did satisfy the staff’s initial concerns with the variance request.
“We’re pleased the County approved our plans to significantly upgrade Clifton Road,” said NorthernStar Natural Gas CEO William “Si” Garrett. “The improvements we’ll be making to the road will be paid for entirely by NorthernStar and will provide safer access to Highway 30 for other property owners along Clifton Road.”
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