DUNES CITY PLANNING COMMISSION
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REGULAR MEETING
January 25, 2007
I.
CALL TO ORDER
Chair George Burke called the meeting to order at
7:00 p.m.
ROLL CALL
Present: Chair
George Burke; Commissioners, Dick Anderson,
Ron Shearer, Lee Riechel, William Tizzard; Planning
Secretary, Teri Tinker; Office Assistant; Sue Scott;
and numerous citizens in the audience.
II.
APPROVAL OF MINUTES
ACTION:
George Burke asked for the
approval of the December 28, 2006
Minutes.
Ron Shearer made the motion to approved the minutes. Dick Anderson
seconded the motion. There
were 3 ayes, 2 abstained (Tizzard & Riechel).
Motion carried.
III.
ANNOUNCEMENTS & CORRESPONDENCE - None
IV.
NEW BUSINESS
1. Swearing in of
Planning Commissioners.
Tinker
administered the oath of office to Planning Commissioners William Tizzard
and Ron Shearer.
2.
LCOG training for City Council
and Planning Commission.
Burke
announced the Ethics and State Laws/LCOG Training Session,
February
17, 2007 at 10:00 a.m. to 4:00 p.m. Burke
asked for a commitment from everyone.
All the Commissioners said they could attend.
3.
Election of
Commission Chair and Vice Chair
ACTION:
Riechel made a motion to nominate George Burke as
Planning
Commission
Chair. Anderson seconded the
motion. There were
4 ayes, 0 nays. Motion
carried.
ACTION:
Anderson
made a motion that Lee Riechel be Vice Chair.
Shearer
seconded the motion. There
were 4 ayes, 1 nays. Motion
carried.
ACTION:
Burke
recommended that Lee Riechel attend the Road Commission
meetings.
Anderson seconded the motion.
There were 4 ayes, 0 nays.
Motion carried.
V.
OLD BUSINESS - None
VI.
PUBLIC HEARINGS
1. Conditional Use
Permit CUP01-06 - To move property line of a
non-conforming lot.
Tinker presented the staff report and findings of fact (Exhibit A)
and
recommended
approval.
Burke asked if there were any questions regarding the staff report.
There were none.
Burke read the hearing procedure notifying the public of their
rights.
Burke
asked the Planning Commission to declare any conflicts of
interests. There were none. Burke
asked the Commission if there were
any ex parte contacts. There
were none.
George
Burke opened the public hearing at 7:08 p.m.
Burke asked the
applicants to come forward and make testimony.
Raymond
Tucker/Amber Buckwald, 5202 Hilltop Dr., Florence,
OR.
Applicants stated they accidentally built onto their neighbor's
property
and the neighbors have agreed to sell part of their property.
Applicants
said they are in agreement with the staff report.
Justin
Howard/Michelle Angilletta, 83335 Spruce Ln., Florence, OR
Angilletta stated they have worked out an agreement with the
Applicants, but had some concerns with the survey ensuring
they are in compliance.
There was some discussion regarding lot line adjustments and
conforming lots.
Burke asked if anyone in the audience wanted to testify in support
of the application.
Steve Chun,
Chun said he supports how two neighbors can come to an agreement.
Burke commented that it's refreshing to see neighbors working
problems out.
Burke
asked if there were any members of the audience who wanted to
testify in opposition of the application.
There were none.
Burke asked if there was any rebuttal.
There was none.
Burke closed the public hearing at 7:30 p.m.
DILIBERATIONS:
The
Commission added one condition that the result of the line adjustment
to have a minimum of 10 feet from lot line to house and maintain setbacks
of the codes.
ACTION:
Anderson made a motion to approve the conditional use permit with
1
condition. Riechel seconded
the motion. There were 5
ayes, 0 nays.
Motion carried.
CONTINUATION OF NEW BUSINESS:
4. Proposed Ordinance
for the Reduction of Phosphorus Load.
There was a page by page review of the Draft Ordinance
for the
Reduction of Phosphorus Load..
ACTION:
Anderson made a motion to strike the last sentence "
Cryptosporidium
and Plesiomonas shigelloides have recently infected individuals
consuming water from homes that take their water from lakes in
Dunes
City" of Paragraph
2, page 4 of the White paper (Background
information
Document). Shearer seconded
the motion. There were 4
ayes
and 1 nay. (Tizzard). Motion
carried.
ACTION:
Anderson made a motion to change Paragraph 1, page 9 of the White
Paper
to read "The run off from Honeyman and Highway 101 is not being
considered along with other significant sources of phosphorus have not
been identified”. Riechel
seconded the motion. There
were 5 ayes and 0 nays. Motion
carried.
George
Burke said he was concerned about lawsuits regarding page 24 through 27.
Anderson noted that
other states are having hearings.
Reichel
said the City must determine if they have authority to make these decisions.
Burke
said that when they turn this over to Darnielle, he will verify if meets
State Codes.
ACTION:
Burke made a motion that A-J of Exhibit A-1, be taken out and
reassigned
as a summary to the White paper with the recommended
changes. Anderson
seconded the motion. There
were 5 ayes, 0 nays. Motion
carried.
ACTION:
Shearer made a motion to extend the meeting past 9:00 p.m.
Riechel
Seconded the motion. There
were 5 ayes, 0 nays. Motion
carried.
The Commission made the following changes to Exhibit A-1 (See
Exhibit ):
ACTION:
Anderson made a motion for section D. to read:
Use of phosphate
Fertilizer contributes to the
amount of phosphorus to lakes in Dunes
City. Riechel seconded
the motion. There were 5
ayes, 0 nays.
Motion carried.
ACTION:
Riechel made a motion to remove the word substantial
from section E.
Anderson seconded the motion.
There were 5 ayes, 0 nays. Motion
carried.
ACTION:
Shearer made a motion to strike section F from Exhibit A-1.
Anderson seconded the motion. There were 5 ayes, 0 nays.
Motion
carried.
ACTION:
Anderson made a motion to change would to may in section G.
Shearer seconded the motion. There
were 5 ayes, 0 nays. Motion
carried.
ACTION:
Anderson made a motion to strike section H from Exhibit A-1.
Riechel
seconded the motion. There
were 5 ayes, 0 nays. Motion
carried.
Bill
Tizzard said he would like to see “The purpose of this Ordinance is to reduce phosphates in the lakes, streams and
groundwater” be put right before the definitions.
ACTION:
Burke made a motion to add a note to inquire with OSU to see if
testing
is available and if it is, list contact phone number and a list of
approved
labs with their contact numbers.
Anderson seconded the motion.
There
were 5 ayes, 0 nays. Motion
carried.
ACTION:
Burke made a motion to add, for
record, after Dunes City on page 3 (d)
Anderson seconded the motion.
There were 5 ayes, 0 nays. Motion
carried.
ACTION: Burke made a motion to add the word All
at the beginning of section
(e), page 3, to delete authorized
under section 2.(b) and to add a
program for plants & gardens.
Riechel seconded the motion.
There
were 5 ayes, 0 nays. Motion
carried.
ACTION:
Burke made a motion to have Mark Chandler verify if the word weight
On page 3, paragraph 3,
(after the commencement date of this ordinance,
no person may use any cleaning agent that contains more then 0.5%
phosphorus by
weight) refers to liquid, powder or both.
Riechel seconded
the motion. There were
5 ayes, 0 nays. Motion
carried.
ACTION:
Burke made a motion to change section 4 (a) on page 3, to read:
Each year
The
City Council or designated committee shall make
available to the
Residents of Dunes City a list, by brand name, of the
most common
fertilizers that do not contain phosphorus. Anderson seconded the motion.
There were 5 ayes, 0 nays. Motion
carried.
ACTION:
Burke made a motion to change the word designee to designated
committee in section 4 (b), page 3.
Anderson seconded the motion.
There
Were 5 ayes, 0 nays. Motion
carried.
ACTION:
Burke made a motion to change section 4 (c), page 3 to read:
Upon passage of this ordinance, the City Council or designed
Committee shall make
available to the residents of Dunes City
a list, by brand name, of non-phosphorus automatic dishwasher
detergents. Anderson
seconded the motion. There
were 5 ayes,
0 nays. Motion
carried.
ACTION:
Burke made a motion to change the word designee to designated
committee in section 4 (d), page 3.
Anderson seconded the motion.
There
Were 5 ayes, 0 nays. Motion
carried.
Note: Mark Chandler is
to verify if the information in section 4 (e), page
3 are automatically on new systems.
ACTION:
Burke made a motion to remove (f) and (g) of section 4, page 4 and
be
added to the Septic Ordinance at a future date.
Shearer
Seconded the motion. There
were 5 ayes, 0 nays. Motion
carried.
VII.
UNSCHEDULED BUSINESS
Proposal for code section 154 reorganization.
There was a discussion regarding (Exhibit C) and the need to
Provide continuity in the organization of the code of ordinances.
ACTION:
Riechel made a motion to make a recommendation to the CCI
use Exhibit C as a format. Shearer
seconded the motion. There
were 5 ayes, 0 nays. Motion
carried.
Fee Schedule.
Tinker brought up the need to correct the current fee schedule
(Exhibit D). The
Commission made the following changes to
the fee schedule:
Ballot Measure 37's - Application Deposit:
$250.00
Modifications or Extension - Application Deposit:
$250.00
Pre-Application Conference: $250.00
Expedited Land Divisions: $750.00
ACTION:
Burke made a motion to recommend approval and forward to the
City
Council. Riechel seconded the
motion. There were 5 ayes,
0 nays. Motion
carried.
Time Limit on Meetings.
ACTION:
Burke made a recommendation that the Planning Commission
not allow meetings go past 12:00 p.m., no new business to start
after 11:00 p.m., except under extraordinary circumstances, and
must be approved with a unanimous vote and recommend the
City Council adopt the same timeframe.
Riechel seconded the
motion. There were 5
ayes, 0 nays. Motion carried.
Revision:
Chapter 32 Planning Commission.
Discussion regarding review of City Council charter, section 32
and reflect change that new Planning Commission role under
Limited land use.
ACTION:
Riechel made a motion to recommend that Planning Commissioner's
cannot
serve more then 2 years be removed. Shearer
seconded the motion. There
were 5 ayes, 0 nays. Motion
carried.
IX.
ADJOURNMENT
Burke adjourned the meeting at 10:46 p.m.
________________________________
__________________________________
George
Burke, Chairperson
Teri
Tinker, Planning Secretary
________________________________
__________________________________
Richard
Anderson, Planning Commission
William Tizzard, Planning Commission
________________________________
__________________________________
Lee
Riechel, Planning Commission
Ron Shearer, Planning Commission