Jason Youmans, a resident of Crown Point Road near Charleston testified before the Coos County Board of Commissioners - from left, John Griffith, Gordon Ross, and Nikki Whitty - at the Indian Point hearings Tuesday evening at the Coquille Indian Tribe Community Center. Youmans is against a re-zoning on the 184-acre parcel of land near Charleston. World Photo by Madeline Steege

CHARLESTON - The fate of Indian Point remains hanging in the balance despite another three hours of testimony Tuesday night at the Coquille Indian Tribe Community Center. About 80 people, primarily Charleston residents, turned up to hear the next round in what has become a four-month saga of proceedings before the Coos County Board of Commissioners.

California resident Hank Westbrook applied for the zone change on his expansive swath of forestland adjacent to the Joe Ney Slough, at the north end of the South Slough National Estuarine Research Reserve. While no specific proposal has been presented, a change to urban zoning could open the property for high-density residential and commercial uses.

Commissioners John Griffith, Nikki Whitty and Gordon Ross listened to testimony from opponents and potential developers, which again focused on concerns about the environmental integrity and economic value of the federally protected watershed. Also under question were two studies - one on the land's level of timber productivity and the other a traffic impact assessment outlining the effects that development could have.

If the land's zoning is changed to urban residential, a designation that allows recreation planned unit developments under a county ordinance changed in December, a maximum of 1,000 new residences would be allowed in the unincorporated territory between Charleston and Barview, two areas with only two routes in and out.

The developer-commissioned traffic study was conducted under that scenario and involves augmentation of several crossroads, including the intersection of Cape Arago Highway and Libby Lane, where a traffic signal would be placed. Also affected would be the southbound and eastbound approaches into the area from Coos Bay, where Newmark Avenue curves south to Empire Boulevard, which eventually becomes Cape Arago Highway.

Coos Bay is against the latter measure as it stands, said city Planning Administrator Laura Barron. A meeting is scheduled today between the city and Hann Lee, whose Vancouver, Wash.-based company did the study.

"We need to continue talking about traffic issues that are unacceptable to the city of Coos Bay," Barron said.

A continuance of the hearing was requested so an agreement could be reached.

According to Frank Flynn, Westbrook's Portland lawyer, a specific application for development won't be filed until the land's zoning is determined. Based on a Stuntzner Engineering & Forestry study that described tree diseases on the property, Flynn staunchly argued the land is no longer suitable for logging. That, he said, trumps a statewide planning goal that calls for maintaining productive forestland to ensure future timber industry jobs.

A letter introduced to the record on March 1 contradicts the Stuntzner study. It outlines a survey done by Curry County forester Jim Rogers.

"I checked the soil survey of Coos County, Oregon, and found that the Indian Point tract is on Bullards soil with a narrow band of Blacklock along the upper edge," said Rogers in a letter to the Coos County Planning Department. "Most of the South Slough is on either Bullards or Templeton soil. Both are good timber producing soils."

Rogers, who was at Tuesday's meeting but didn't testify, acknowledged the tree diseases, but contends they do not warrant giving up timber harvests on the land.

Ron Stuntzner disagreed, testifying Rogers' study was not thorough and that returns on the land, logged twice in the 1990s, would be poor if harvested again.

Rogers, who also is Curry County's Planning Commission chairman, also asserted Westbrook violated a good-faith agreement with Curry County that allowed him to develop Harbor Hills, land he owns just south of Brookings. Planners allowed him to clear the large tract of land through a section of the Oregon administrative rules outlining forestland development swaps in neighboring counties.

According to Curry County planning documents, in return for project approval last year from the Curry County commission, Westbrook agreed not to develop Indian Point under the forest mixed-use zoning. But the agreement states that if Indian Point's zoning changes, the rule no longer would apply.

"While apparently legal, it is certainly a matter of bad faith between the landowner and Curry County," Rogers said earlier.

In testimony Tuesday, Craig Young, who spoke previously at hearings as an area resident, came before the board as Oregon Institute of Marine Biology director, citing he had the approval to speak from the overseeing University of Oregon administration. He contended development allowed under a residential zoning would threaten the South Slough's sea grass habitats and thus salmon, crab and oyster species. Also endangered would be the natural research laboratory utilized by OIMB students and faculty, Young contended.

"A UR-2 zoning would specifically threaten the habitats upon which our teaching and research depend," Young said. "OIMB makes a significant economic input to this community and that should be something you consider as you discuss the merits, legalities and drawbacks."

Other opponents offered alternatives to an urban zoning, citing the fact that all property surrounding Indian Point is zoned rural residential.

Cam Parry, who recently acquired property on Crown Point Road, adjacent to Indian Point, said eco-tourism is Charleston's best bet for attracting revenue. Other opponents agreed, saying the focus of expanding the unincorporated community should be centered around what already exists.

"We're not anti-development but we are for orderly development," said area resident David Ford.

Crown Point resident Brent Lerwill introduced 170 more signatures in opposition to the development, an addition to 600 introduced into the record during the last hearing.

"To open the door to this kind of high-density development is out of character," Lerwill said. "As a society and as a community, we should realize the value of undeveloped and minimally developed areas."

In response to residents who testified, Flynn attempted to reassure the crowd, saying developers want to appease the community with their proposal.

"The folks trying to do this are not trying to damage the South Slough," Flynn said. "If they did, basically they would be killing the goose that lays the golden egg."

He charged some opponents were unwilling to make concessions.

"We are under no obligation to compromise what we see as a violation of the law," Crown Point resident Anne Donnelly rejoined.

The commissioners announced they hope to reach a re-zone decision in deliberations that have been set for 1:30 p.m. Wednesday, April 13, in the Coos County Courthouse Annex, 290 N. Central Blvd., Coquille.

No public comments will be allowed at the hearing, but written testimony can be submitted to the Coos County Planning Department through Tuesday, March 29, at which time the applicants will have an additional week to respond.