.

Dunes City Planning Commission       M I N U T E S

Print file

Regular Meeting – April 26, 2007 - 7:00 P.M.

City Hall - 82877 Spruce St.
Westlake, OR 97439

 

COMMISSIONERS PRESENT:      George Burke, Chairperson; Richard Anderson, Darlene Beckman, Lee Riechel, Ron Shearer, Bill Tizzard

COMMISSIONERS ABSENT:   None

STAFF PRESENT:   None

 

 

I.          CALL TO ORDER

            Chairperson George Burke called the meeting of the Dunes City Planning Commission to order at 7:02 p.m.

 

II.        APPROVAL OF MINUTES

 

            A.  George Burke asked for the approval of the February 22, 2007 Minutes

                   6 ayes 0 nays- Approved.

            B.   George Burke asked for the approval of the March 22, 2007 Minutes

                  6 ayes 0 nays- Approved.

 

III.       NEW BUSINESS

            Jaime and Robin Mills Building Violation

                  The Planning Commission reviewed the information regarding violations of the Dunes City Code and Stop-Work-Order pertaining to the property located at 83449 Parkway Drive, Assessor's map 19-12-26-12, Tax Lots 300 & 400 owned by Jamie & Robin Mills.

                  A Motion was made by Commissioner Lee Riechel for the Planning Commission's recommendation to the City Council is as follows:

 

 

            A.  House:

                  1.   Instruct Building Department to inspect and insure the water drainage system

                        meets code relative to effluent flow onto lot 200.

                  2.   Provide a DEQ certification of the septic system drain field.

            B.  Retaining Wall:

                  1.   Stake the boundary of the septic system drain field and allow no equipment

                        access to the area staked.

2.      A re-vegetation plan designed and installed by a local nursery shall be

       submitted to the Planning Commission for approval.

3.      Approval required from the neighboring property owner for equipment

      transiting that property to the Mill's property.

                  4.   Verify by survey the location of the retaining wall relative to the lot 200

                        boundary.

            Commissioner Riechel moved, seconded by Commissioner Bill Tizzard.

            The Motion was adopted unanimously 6-0

 

IV.       OTHER BUSINESS

 

            ORDINANCE ADDING CHAPTER 141 "EROSION CONTROL" TO

            TITLE XIV OF THE DUNES CITY CODE AND REPEALLING SECTION

            154.05 OF THE DUNES CITY CODE.

 

            George Burke announced to the audience that tonight’s meeting is not a first reading of the document and not a hearing for the document and to take public comment.  Burke also told the audience the first and second reading is done at the City Council Level. 

           

Norman Martin 83750 Rio Rd Florence , OR 97439 .

            Mr. Martin stated that he is confused as this meeting was advertised as a first reading and evidentiary hearing, and asked if there will be a second reading?  George Burke answered that there has to be a unanimous decision to have a second reading.

Peter Howison 83243 Kendall Lane , Florence OR 97439

            Peter Howison said he would like to know what Gary Darnielle’s comments were regarding the procedure.  

 

George Burke clarified that per Gary Darnielle, the first reading for the ordinance will be at the City Council meeting and this is not an Evidentiary Hearing.   The Planning Commission was taking comments from the public tonight and suggested they attend the City Council Meeting to speak.

 

Norman Martin 83750 Rio Rd. , Florence , OR 97439

      Objection to Erosion Control Ordinance 193, submitted documents for the record: 

A.     Oregon Public Meeting Law, Planning Commission Training Manuel

B.      DLCD, recommended rules for land use ordinance

C.      Dave Perry letter 

D.      Citizen Involvement Program

E.       Document by Judy Martin.

            Martin said he is concerned about Public participation and opinion regarding the Planning Commission, and that the Planning Commission is not allowing public participation.   Martin said the citizens were not allowed to be on the committee for CCI.  Martin said the committee should not influence the out come of a meeting, they should not participate in the decision of the meeting, and that Council should only be in attendance to learn about the issue.     

             

  Commissioner Lee Riechel moved, seconded by Commissioner Bill Tizzard to have the City   Attorney review Norman's documents and the legality of the CCI and have that process reviewed and have said documents will be forwarded to Attorney Gary Darnielle for review.  The Motion was adopted unanimously 6-0       

           

Mark Chandler 4934 Lakeshore Drive , Florence , OR 97439

            Chandler said this ordinance has been worked on for one year, and there were two sub-committee's working on it, the second committee was appointed by City Council after openings were advertised and public processed.  Chandler said an effort has been made to contact every general contractor and excavating company to attend meetings. Chandler said a model was used to draft the ordinances to protect water usage and there was a lot of public input, but the subcommittee was not happy with the model used.

 

Theresa Saffee?? 8550 Lake Road , Florence , OR 97439  

                        Saffee said she is concerned about health issues in the community and healthy                            organic gardens.  Saffee requested to exclude the controlling of gardens from the                                   erosion ordinance.  Saffee said the notice on the Dunes City Web site informing                               the public of the final erosion draft was only emailed to certain people and was                               not noticed properly in the newspaper. Saffee said it was advertised as a CCI                                   meeting and was before a Council not the public.           Theresa requested that any                                 notice be advertised via newspaper because not every one has a computer, and                   that most of the people who normally attend these meetings were not present due                             to improper notice and that we need to have public participation. 

 

 

                  The Planning Commission decided that the ordinance needs more discussion, revised and evaluated, and that City liability information should be included.  Any contracted work by the city needs to have guidelines to protect the city.  There is a loop hole in the ordinance that if you build 10,000 sq. ft at a time you could avoid the ordinance.  A plan must be submitted when the permit is issued but if the development is phased right you would be able to avoid the ordinance altogether.   After much discussion a consensus was made to continue the revision of this ordinance to Tuesday, May 1, 2007 at 6:00 a.m.

     

            The meeting adjourned at 11:00 p.m.    

                       

 

        ________________________________                                     _None_____________________________

        George Burke, Chairperson                                                Planning Secretary

 

 

        ________________________________                                     __________________________________

        Richard Anderson, Planning Commission                       William Tizzard, Planning Commission

 

 

        ________________________________                                      __________________________________

        Lee Riechel, Planning Commission                                    Ron Shearer, Planning Commission

 

 

        __________________________________

        Darlene Beckman, Planning Commission