1. Call to Order, Roll Call and Pledge of Allegiance
Mayor Meyer called the meeting to order at 7:00 p.m.
PRESENT: Mayor S. Meyer; Councilors, J. Scott, P.
Howison, J. Martin, L. Riechel, and R. Petersdorf.
ALSO PRESENT:
G. Darnielle, City Attorney; T. Tinker,
Planning Secretary; C. Lewis, Recording Secretary; G. Burke,
Planning Commission; and approximately 20 citizens from the
community.
2. INTERVIEWING POTENTIAL PLANNING COMMISSIONERS
Applications received from Darlene Beckman, George Burke, Eric
Hauptman, Lee Riechel, Ron Shearer, and William Tizzard. There was a
pre-established deadline of December 6 at 2 p.m. Any applications received
after the issuance of this agenda will be available December 7th.
No public comment will be taken. Vote to be held on December 14, 2006, at
the regularly scheduled City Council Meeting.
Mayor Meyer asked the applicants to separate from the audience while
the individual interviews were being conducted. Applicants moved into the
Road Room.
Applicants were interviewed as follows:
Darlene Beckman, 82150 Booth Island, P O Box 39, Westlake OR 97493.
Beckman summarized her application. Beckman said she has her real estate
license, but only uses it for her personal use. Beckman said her strength
would be that she has a background in building homes and knows the
practicality of the building codes and regulations. Beckman has attended
City Council, Planning Commission and CCI meetings for the past year. She
would like to see Dunes City keep its small town atmosphere, but operate
within the guidelines of the Code. If the rules do not cover a subject,
Beckman said that area of the Code should be discussed and the Planning
Commission would be obligated to fix the problem before the next issue might
arise. Beckman said that a decision should be made on the facts, but if
there is a gap in the Code, then a common sense decision should be made.
Scott thanked Beckman for her help in the CCI process for the water
quality issues. Howison asked Beckman if there were additional properties
that she would be developing. Beckman said that all their property has been
divided and there would be no other actions coming through the Planning
Commission.
George Burke, 4838 Lake Blvd, Westlake OR 97493.
Burke said he is a retired sheet metal contractor and has been on the
Planning Commission for over a year. Burke said he would like to get the new
land use ordinance up and going. Burke said he has always volunteered for
the community in which he has lived.
Scott asked Burke what the most important task for the Planning
Commission would be. Burke said that task would be to get the Ordinance
together and do a better job of controlling building; to protect the lake
and in the distant future, plan for a water system and sewer treatment.
Howison asked if Burke was retired or doing consultant work. Burke said he
was retired, but if one of his past associates were interested in some
project in the area, he then would check things out for them. Howison asked
Burke about a final plat that was presented to the Planning Commission the
same night the decision to approve the final plat was made. Burke said that
did happen, but a final plat does not need to be approved at the Planning
Commission level, plus the only task they are accomplishing is to see that
all the conditions of approval for the subdivision/partition are met; they
are not approving anything that is new, but agreed the document should be
presented a week before the Planning Commission meeting.
Eric Hauptman, 5188 Hilltop Drive, Florence OR 97439.
Hauptman said he has been in the real estate field working with
developments, appraisals and finance lending. Martin asked Hauptman to
explain what his current employment entails. Hauptman said that he consults
for banks on property that is entering foreclosure, but is working part time
due to a back injury. Martin said Hauptman had made a statement at a prior
public hearing against developers spewing oil in the lake. Scott also
recalled such a statement. Hauptman denied making such a statement, and said
that he was not against development.
Lee Riechel, 83541 Jensen Lane, Florence OR 97439.
Riechel gave a summary of his professional background as an avionics
engineer. Riechel retired 12 years ago and has served on the Planning
Commission since 1996.
Scott asked Riechel if he was in favor of Ordinance 182. Riechel answered
that he was most definitely in favor and had been involved in the code
revision since 1999. Riechel said that when the current code was developed,
two different city codes were used to put it together leaving the zoning
section and the land use section in conflict.
Howison asked why Riechel had resigned last spring. Riechel said he was
emotional when at the May City Council Meeting, the code revision that he
and other volunteers had invested 6 years time in developing, was tabled
indefinitely and a grant was applied for with the intention of developing a
new revision from the beginning. Riechel had said that he had made a
commitment to the City to see the revision to its conclusion. At that May
meeting, Riechel said the tabling of the revision seemed to be at its
conclusion. Howison asked if Riechel could work with people who had voiced
conflicting opinions with Riechel. Riechel said the code dictates the
decisions for the Planning Commission so that he could work with those
personalities.
Ron Shearer, 83511 Jensen Lane, Florence OR 97439.
Shearer said he has been on the Planning Commission for a year and enjoys
being a Commissioner. Shearer said he has lived in the area for 11 years.
Martin asked Shearer if he had enough time to serve on the Commission.
Shearer answered yes.
William Tizzard, 5405 Kateech Dr., Florence OR 97439.
Tizzard said he is very interested in land use planning and development.
Tizzard is a retired school principal and teacher. Tizzard taught Civics in
high school where the studies required students to plan a community. Tizzard
said he ran for Planning Commission twice in the 1970’s in California and
has always been an active volunteer in the communities where he has lived.
Scott asked that in light of the problems that Dunes City has been
experiencing with expansion and water quality issues, what the City should
be doing. Tizzard said the elected officials are to represent all of the
citizens, not just some. The City should be protected and the quality of
life should be protected for all the citizens. Tizzard said that as a
principal, he was used to dealing with divergence and bringing groups
together. Martin asked for additional details of his teaching. Tizzard said
he taught geography, did course work in urban geography, economical, and
problems with land use infrastructure. There was a planning component for
senior studies and in fact some of his students went on to careers in the
planning field.
Meyer concluded the interviews and announced that action would be taken
at the December 14th City Council Meeting.
3. APPROVAL OF FINAL PLATS
A. Sunset Cove, PUD 02-05
Tinker reported that the Final Plat had been reviewed by the
Planning Commission and all conditions of approval had been met. It was
the recommendation of the Planning Commission that the City Council
approve the final plat. Paving of the entrance was finished that day,
but the signing of the plat would be delayed until a final inspection
report was received from the City Engineer. Howison asked about the
agenda item on Thursday’s City Council Meeting for the Ordinance for
the zoning. Darnielle said it was a routine item that went along with
the PUD that was unintentionally incomplete. Riechel commented that the
shoulders still needed to be put in. Tinker responded by calling the
Councilor’s attention to a report from McAllister Engineering
outlining some additional recommendations before the project is
completed (i.e. hay bales, backfill, etc.). Howison wanted to know when
a decision about the common dock would be presented. Tinker said a
building permit is issued for a dock under 640 sq. ft. and does not
require a public hearing unless the size is larger.
ACTION: B. Petersdorf made a motion to approve the final plat
for PUD 02-05, Sunset Cove upon the approval of the City Engineer. J.
Scott seconded the motion. There were 5 ayes, 0 nays, 1 vacant. Motion
carried.
B. CDS Properties, LLC, Minor Partition MP 02-06
Tinker reported that the Final Plat had been reviewed by the
Planning Commission and all conditions of approval had been met. It was
the recommendation of the Planning Commission that the City Council
approve the final plat.
ACTION: J. Scott made a motion to approve the final plat for MP
02-06, Minor Partition for CDS Properties. L. Riechel seconded the motion.
There were 5 ayes, 0 nays, 1 vacant. Motion carried.
4. PUBLIC HEARING – Ordinance 182, an ordinance replacing
Chapters 155 and 156 of the Dunes City Code and declaring an
emergency. Third reading.
ACTION: J. Scott made a motion for the third reading by short
title of Ordinance 182, an ordinance replacing Chapters 155 and 156 of the
Dunes City Code and declaring an emergency. J. Martin seconded the motion.
Discussion:
Howison questioned the need for an emergency given the amount of time
that was taken in putting the ordinance together. Darnielle said that
the emergency clause would have the ordinance go into effect immediately
giving the Planning Commission the tools that they need. Darnielle said
that any Councilor can make a motion to remove the clause before the
final vote of the ordinance.
Vote: There were 4 ayes, 1 nay (Howison dissenting), 1 vacant. Motion
carried.
Meyer opened the Public Hearing asking to wait until after public input
before talking about the emergency designation. Public Hearing opened at
7:56 p.m.
Meyer asked for the declaration of conflicts from the Council. There were
none.
Meyer read the ordinance by short title.
Norman Martin, 83750 Rio Drive, Florence OR 97439.
Martin said that some ORS’ may have been overlooked, such as ORS
197.831 (read by Martin) which says an object cannot have statement such as
"higher standards if we feel like." Martin said the State has
drainage laws and the City cannot tell someone to stop water on their
property that would normally drain through their property.
Ralph Farnsworth, 83837 Highway 101, Florence OR 97439.
Farnsworth said that the ordinance was not developed with a bias towards
clean water, and that is the one thing that he cares about. Farnsworth used
Tenmile Lake as an example of the lake which is not even safe for pets to
enter. Farnsworth said the Comprehensive Plan should be applied to the
current code.
Jerry Wasserberg, PO Box 2959, Florence OR 97439.
Wasserburg asked that the Council consider an article that was in the
local newspaper authored by Lee Riechel (see Exhibit A).
John Stead, 83505 South Cove Way, Florence OR 97439.
Stead read a chronology of added text into the Code Revision (see Exhibit
B).
In addition, Stead made comment about Dog Kennels, the 7% grade
requirement, and the tolerance of 6-foot chain link fences.
Mark Chandler, 4934 Lakeshore Drive, Florence OR 97439.
Chandler said he wanted to show appreciation for all the citizen
involvement that was gathered in the completion of the code revision.
Chandler requested that everyone keep up that vision of Dunes City for the
future. Chandler called for a higher standard, but to apply that standard in
a fair manner, and to protect the unique nature of the City.
Richard Koehler, 4853 Darlings Loop, Florence OR 97439.
Koehler asked the Council not to rush to approve the Code, saying that
the enactment was political. Koehler said there were problems in the
ordinance layout and that Rand Dawson had said that the ordinance was not
based on the Comprehensive Plan.
Meyer closed the public hearing at 8:18 p.m.
Darnielle addressed Norman Martin’s read statute by saying the statute
specifically dealt with a LUBA action. When requiring standards to be cited,
such as a moratorium, the standards would need articulation. Darnielle said
there could be some flexibility. Darnielle said the emergency clause for the
ordinance was not a legal issue. Howison asked that if something is missing,
could changes be made? Darnielle said he knows the document is not perfect
and that changes can always be made. Burke said the Mayor has three days to
sign the ordinance. Petersdorf said he was in favor of the Ordinance and
commented that the City is having a new beginning; that Ordinance 182 could
be amended as the City goes along.
Riechel said that it has been stated by others that he was sole author of
the document. Riechel said there was at least a dozen other people who
co-authored the code revision.
The Council then went through the Code page by page checking for
corrections that were to be made by the attorney.
Page 4 – Darnielle said the shoreland cannot be defined as
shoreland.
The DLCD cannot implement, since they use the meander line (per Dave
Blanton). Darnielle could not recommend using anything other than the
statewide planning goal definition. Darnielle suggested that the Council
keep track of any changes that will need to be made later.
Page 12 – The statute states "calendar year"; therefore,
needs to be put back into the document.
Page 13 – Insert italicized: the area of the buildings as
viewed from above and as allowed by the applicable….
Page 29 - Omit 155.2.0.140 All Uses.
Page 31 – Omit item B.
Page 35 – There was a discussion about the 30% maximum lot coverage for
non-conforming lots. It was decided to leave the 30%; can be changed later.
Page 35 – 155.2.1.123 (A) (1) (c): Change to: Porches, platforms, decks
and landings which do not extend above the level of the first floor of the
building.
Page 36 – Use Judy’s suggestion:
3. Fences in the front yard setback areas: Chainlink unfilled (no
slats), ornamental and other fencing that does not obstruct vision
may not exceed six feet in height. Solid fencing that obstructions
vision shall be limited to 3 ½ feet in height. Fences in the side
and rear yard setback areas: Fencing (all types) may not exceed six
feet in height.
Martin said that she and her husband did an informal survey of the
neighborhood where they live and Woodland Lane area finding 24
violations of the current requirements for front fence height. Those
whom they talked to stated that they were against removing their illegal
fences. It was noted by the Council that a laurel hedge of many, many
feet would not be illegal.
Page 43 – 155.2.2.123 (A) (1) (c): Porches, platforms, decks,
or landings…
Page 65 – There was a discussion about higher design standards. There
was no opposition.
Page 91 – Riechel commented that the Traffic Impact Study should be
located in the Master Road Plan.
Petersdorf voiced a concern about the City Council not being informed of
Planning Commission’s decisions. It was decided that a procedure would be
developed to ensure that Councilors are informed of decisions so that an
appeal can be made if it is the Councilor’s wish.
Page 115 – Item 2: Change from 10-days to 15-days.
Page 122 - Item B, 2, d: Burke said the standard break for slope is 12%.
Change 10% to 12%.
Page 123 – There was discussion between Scott and Howison regarding the
need for a tree map. Howison said the maps will provide an opportunity for
Planning to advise property owners before they cut down the trees.
Page 127 - 155.4.3.190 (A): Addition in italics-- "Within 60 days of
the City approval of the final plat and signature of the Mayor,
the applicant shall…"
Page 132 - Omit last paragraph on the page.
Page 133 – Omit remainder of paragraph at the top of the page.
There was a discussion about the CCI’s recommendation for less
clustering of houses in a PUD versus more clustering of houses in a PUD.
Page 139 – Item B, 1: Change 10% (twice) to 12%.
Page 145 – Under Miscellaneous Permits, 155.4.9.2 Home Occupation
(strike "Permits")
ACTION: B. Petersdorf made a motion to adopt Ordinance 182,
an ordinance replacing Chapters 155 and 156 of the Dunes City Code and
declaring an emergency, with corrections. J. Scott seconded the motion.
Roll call vote: Scott, Howison, Martin, Riechel and Petersdorf – Aye.
There were 5 ayes, 0 nays, 1 vacant. Motion carried.
ACTION: L. Riechel made a motion to approve the Findings of
Fact for Ordinance 182. B. Petersdorf seconded the motion. There were 5
ayes, 0 nays, 1 vacant. Motion carried.
Riechel read a statement apologizing to the volunteers who put the code
revision together (see Exhibit C).
5. ADJOURNMENT
Meeting was adjourned at 10:38 p.m.